HUMAN RIGHTS COUNCIL CONCLUDES INTERACTIVE DEBATE WITH HIGH COMMISSIONER FOR HUMAN RIGHTS ON HER ANNUAL REPORT

The Human Rights Council this afternoon concluded an interactive dialogue with the United Nations High Commissioner for Human Rights, Navi Pillay, on her first annual report to the Council.

Ms. Pillay, responding to questions and issues raised, said that she had made note of all suggestions and questions made, and could not address all of these in the time available. With regard to the field office presence, she was pleased to receive more and more requests by ambassadors to establish a field office in their country. The High Commissioner said she would like to see greater integration of the work of the Human Rights Council and the Universal Periodic Review via the field offices. On Special Procedures, she said the value of their input in the Universal Periodic Review process and a strengthening of that process could not be underestimated. The Office provided support to the Special Procedures, and special effort had been made to reinforce this, in particular with regards to the economic, social and political mandates.

With regards to Sri Lanka, Ms. Pillay said she had continued to raise relevant issues with the Government of that country, including jointly with the heads of four other United Nations agencies to see how they could meet the increasingly urgent needs of the civilian population. A human rights advisor had been deployed in 2004 at the request of the United Nations country team. In the Democratic Republic of Congo, this issue had been raised because of the Office's activities there to address gender-based violence and sexual violence. A comprehensive strategy on gender-based violence had been agreed by the United Nations country team and Government, comprising four pillars including impunity, multi-sectoral reform, and the security sector, with a focus on justice for victims.

All speakers praised the work and the first report of the High Commissioner and expressed their continued commitment to supporting the work of her Office. Some speakers said it was crucial that the independence and integrity of the Office of the High Commissioner was maintained. Others mentioned human rights situations, among others, in the Democratic Republic of the Congo, Occupied Palestinian Territories, Sri Lanka, Colombia, Afghanistan, Sudan, Somalia, Sri Lanka, Zimbabwe and Myanmar, which they said certainly merited the attention of the Council.

Representatives of Germany, Indonesia, Italy, the United Kingdom, Japan, Republic of Korea, United States, Nepal, Canada, Tunisia, Russian Federation, Spain Guatemala, Norway, Colombia, Mexico, Ecuador, Sri Lanka, Bangladesh, Belgium, Austria, Venezuela, Haiti, New Zealand, Malaysia, Morocco, African Union, Nigeria, Thailand, Sudan, and Iran took the floor this afternoon.

The following non-governmental organizations also made statements, International Coordinating Committee, Amnesty International, Mouvement Contre Le Racisme Et Pour L’Amitié Entre Les Peuples, General Arab Women Federation, Human Rights Watch, Indian Council of South America, United Nations Watch, International Commission of Jurists, Cairo Institute for Human Rights Studies, and the Asian Forum for Human Rights and Development.

The Council will meet next on Friday, 6 March at 10 a.m., when it is scheduled to hear the presentation by Deputy High Commissioner for Human Rights Kyung-wha Kang
of thematic reports submitted by the High Commissioner, the Secretary-General and the Office of the High Commissioner for Human Rights to the tenth session. Following this, the Human Rights Council will hold its annual interactive debate on the rights of persons with disabilities, as well as hold an interactive dialogue with the respective chairpersons of the Working Group on arbitrary detention and on mercenaries.


Interactive Dialogue with High Commissioner for Human Rights

REINHARD SCHWEPPE (Germany) said the report of the High Commissioner for Human Rights mentioned the dire human rights situations in the Democratic Republic of the Congo, Somalia, Sri Lanka, Zimbabwe and Myanmar. All these situations and some others certainly merited the continued attention of the Council - how should the Council address these, in particular the situation in the Democratic Republic of the Congo? The meetings between the Council and the High Commissioner provided mutual stimulation for cooperation, but in no way created a degree of oversight of either the Council or individual States over the work of the Office of the High Commissioner for Human Rights.

Germany was currently working to provide independent expert resources to the recently created mandate of the Independent Expert on human rights obligations with regards to access to safe drinking water and sanitation. Germany placed great importance on the fight against racism, and called for a continued effort of both the Office and the High Commissioner to ensure that the Durban Review Conference maintained a focus on both implementation and on human rights.

HAFID ABBAS (Indonesia) said that Indonesia was committed to protecting migrant workers against arbitrary and indefinite detention and to providing human rights protection to them and to victims of human trafficking. Hence, Indonesia welcomed the High Commissioner’s initiative to hold a dignity and justice for the detainees’ week to promote the protection of migrants, asylum seekers and refugees from arbitrary detention. Indonesia hoped this initiative could further be strengthened by the Council. Indonesia shared the view expressed by the High Commissioner in her report when she underscored the fact that racial discrimination was a human rights violation. As such, it should be vigorously combated and all efforts should be aimed at its elimination. At the national level, Indonesia had stepped up its efforts to combat racial discrimination.

Indonesia strongly supported the upcoming Durban Review Conference in April. Its successful preparation would have an important bearing on the outcome of the Review. Thus, Indonesia called for greater cohesion in their approach to this process, and a will not to dwell so much on differences, but on the common goals of elimination of racial discrimination and the faithful implementation of the Durban Declaration and Programme of Action. They should work in a spirit of constructive compromise, goodwill, and consensus to make the conference a success. Indonesia appreciated the emphasis that the High Commissioner had placed over the past month on her Office establishing a closer relationship with the Council and with delegations.

ROBERTO VELLANO (Italy) said that Italy aligned itself with the statement delivered by the Czech Republic on behalf of the European Union. Italy renewed its sincere appreciation for the work of the High Commissioner since she assumed her office, for her leadership and commitment to the promotion and protection of all human rights throughout the world. Italy thanked the High Commissioner for her presentation, and welcomed the report as well as all other opportunities for an open dialogue between her Office and the Council, which had always been extremely useful and rich. A dialogue which must be based, in Italy’s view, on the full recognition of the independence, integrity and impartiality of her Office. Since its establishment, the Office had gone through a sustained process of growth, increasing its staff, both at the headquarters and on the ground, and expanding its field presence, thus becoming a reference for the whole human rights United Nations system.

The Universal Periodic Review as it was widely recognized could play a crucial role in strengthening cooperation between States, this Council and the United Nations human rights monitoring system as a whole. Italy commended the work done by the Secretariat in preparing the basis for the review of States and welcomed further comments on two related issues: the role of the treaty bodies within the Universal Periodic Review, specifically the timely reflection of treaty bodies recommendations in the review, and the reinforcement of the Universal Periodic Review follow up mechanisms. Italy asked, if the High Commissioner considered it could be advisable to envisage a coordinated follow-up activity within the Universal Periodic Review framework between States, treaty bodies, Special Procedures and national human rights institutions. Secondly, Italy fully shared the High Commissioner’s concern on the situation in Somalia. In this respect, Italy asked if she could provide more information on the role that the Office of the High Commissioner for Human Rights was currently playing?

PETER GOODERHAM (United Kingdom) said the United Kingdom welcomed the report of the High Commissioner, and was a strong supporter of her work and that of her Office. It was important for the Council to be aware of her activities, so that it could complement the work she did with its own efforts - it was equally important that she be able to continue to offer assistance without being subject to political considerations by the Council. The suggestion that the Council could be more creative in how it addressed urgent situations deserved the Council's consideration - but she should also feel able to respond immediately and independently to the needs of States and individual rights holders wherever she saw the opportunity to assist.

The High Commissioner, her Office and its field presences, the Special Procedures and the treaty bodies were an integral part of the United Nations' early warning system of conflict and crisis. The support that the Office gave the Council was invaluable. The United Kingdom would like to see a renewed commitment to ensure that the promise offered by international agreements to protect and promote the rights of women was realised for women in all parts of the world. The international community needed to challenge social, cultural or religious justifications which were sometimes offered for denying women their human rights.

SHINICHI KITAJIMA (Japan) said that Japan welcomed the active engagement of many countries in the Universal Periodic Review. On the other hand, there had also emerged procedural difficulties that needed to be discussed further and addressed appropriately. Additionally, Japan strongly hoped that an effective follow-up mechanism for the Universal Periodic Review would be developed. As the High Commissioner had pointed out, Japan also believed that such measures as the strengthening of links between the Council and the treaty body system as well as other United Nations mechanisms should further be explored in order to enhance the Universal Periodic Review process. Another pillar of the Human Rights Council that stood alongside the Universal Periodic Review was the Special Procedures. From the viewpoint of addressing grave human rights violation, the Special Procedures were an essential mechanism and Japan agreed with the High Commissioner’s assessment of this mechanism as an early warning system to situations involving serious human rights violations.

Japan welcomed the references that the High Commissioner made in her first annual report to numerous country-specific situations. Highlighting specific countries’ human rights situations was not an act of criticism, but rather served to promote dialogue between the countries concerned on one hand and the Human Rights Council, and by extension the international community on the other. At the same time, Japan did not consider the situations referred to in the High Commissioner‘s statement to be exhaustive, and expected that the High Commissioner would continue to focus on serious situations of ongoing human rights violations around the world.

LEE SUNG-JOO (Republic of Korea) thanked the High Commissioner for her statement as well as her first report to the Council. Without the sacrificial services of the Office of the High Commissioner for Human Rights, the Council would not have been able to carry out the heavily demanding work within this Council. The Office of the High Commissioner for Human Rights should be commended for its advocacy activities against discrimination, genocide and impunity. The Republic of Korea shared the view of the High Commissioner that the Special Procedures were uniquely placed to act as an early warning system for situations involving serious human rights violations. Furthermore, the Republic of Korea firmly believed that the country-specific Special Procedures should remain a core tool of the Human Rights Council. Each of the United Nations human rights mechanisms, such as the treaty bodies, the Universal Periodic Review, and the thematic or country-specific Special Procedures, had its own particular merits. However, the most outstanding feature of country mandates, vis-à-vis treaty bodies or the Universal Periodic Review, rested in their exclusive and permanent focus on one specific country. Given that their roles as watchdogs had been well-established, country-specific mandate-holders should continue to serve as the reliable “eyes and ears” of the Human Rights Council.

The Republic of Korea also shared the High Commissioner’s emphasis on the upcoming Durban Review Conference. The Government of the Republic expected this review conference to successfully produce concrete and comprehensive measures to enhance the implementation of the 2001 Durban Declaration and Programme of Action. It was the wish of the Republic of Korea that the final outcome would lead to tangible advancement in preventing racial discrimination and protecting victims on the ground.

MARK C. STORELLA (United States) said the United States had never wavered in its commitment to the independence of the High Commissioner's Office, and would continue to support that independence, as well as the field work that should be a priority focus of the Office's efforts. The vital advisory services and technical assistance, as well as monitoring, that the Office provided through its numerous field presences, regional offices and human rights advisers throughout the world needed the support of the Council and United Nations Member States.

The High Commissioner's focus on discrimination as the root cause of many human rights abuses was noted - the United States agreed in many respects, but also saw suppression of the fundamental freedom of expression as equally at the heart of many human rights violations. There was concern for the attempts to have the Office focus on ways to restrict expression before the international community had fully embraced the full and broad scope of freedom of expression. The international community should advance those timeless values which empowered people to speak, think, worship and assemble freely, to lead their work and family lives with dignity, and to know that dreams of a brighter future were within their reach.

K. RUDRA (Nepal) said that Nepal concurred with the High Commissioner’s views as she had highlighted at the beginning of this session the linkages between vulnerability, discrimination and inequality which lay at the core of human rights problems. Nepal supported her resolute commitment to combat discrimination in all its forms and manifestations. Nepal supported the preparatory process of the Durban Review Conference and appreciated the High Commissioner’s personal commitment to make this process a success.

Nepal noted with satisfaction the progress of the Universal Periodic Review and commitments to the process. The best practices that had emerged needed to be used for further strengthening the process. While technical assistance would complement national efforts in the short term, Nepal was of the view that sustained national efforts had no substitute for the protection of human rights through an institutionalized mechanism. Nepal appreciated the High Commissioner’s call to create a sustainable foundation for the realization of all human rights. In Nepal’s view, poverty and deprivation were the biggest hurdles in the enjoyment of economic, social and cultural rights, including the right to development. Nepal welcomed the High Commissioner’s willingness to develop greater interaction and consultations between the Human Rights Council and the Office of the High Commissioner for Human Rights.

MARIUS GRINIUS (Canada) thanked the High Commissioner for her first annual report to the Human Rights Council. The report highlighted the important work being carried out by the Office of the High Commissioner for Human Rights around the world. Canada encouraged the High Commissioner to continue to focus her Office’s efforts on promoting the implementation of human rights on the ground, including through the expansion of the Office’s work in the field. It was principally through this expanded field presence that the Office of the High Commissioner for Human Rights brought about tangible improvements in human rights situations on the ground. Canada welcomed the renewal of the agreement for the Office of the High Commissioner for Human Rights country office in Guatemala, and encouraged the Governments of Cambodia, Uganda and Nepal to conclude agreements for the renewal of those country offices. Canada welcomed the increased capacity afforded by the creation of the Office of the High Commissioner for Human Rights rapid response unit, allowing the Office to deploy missions or mobilize surge capacity to respond to developments in Georgia, Kenya, Armenia and Burma, among other countries.

The annual report outlined the Office’s efforts over the past year to meaningfully advance work on a variety of human rights issues. Canada noted in particular the work of the Office in the areas of prevention of genocide, combating impunity and promoting the rule of law, and promoting freedom of expression. Canada welcomed the High Commissioner’s focus on eliminating violence against women and on protection from sexual violence in conflict situations, as well as the promotion of all human rights of women. Canada further welcomed the efforts of the Office of the High Commissioner for Human Rights country offices to systematically integrate a gender perspective into their work.

ABDELWAHEB JEMAL (Tunisia) said the questions raised both in the report of the High Commissioner and the introduction thereof, as well as the comments she already made during the interactive dialogue, were of particular importance, and called for deeper thought on the work of the Council. It was necessary to continue to consolidate the interaction between the High Commissioner’s Office and the Human Rights Council. A peaceful dialogue, in the spirit of partnership and transparency, was the best way to promote and develop human rights throughout the world. With regard to the Durban Review Conference, the commitment of the High Commissioner was applauded, as was her point of view that its success should be a priority for the international community as a whole. To that end, there was a need to develop a spirit of consensus and commitment among all parties to the process.

With regard to the Universal Periodic Review, Tunisia was convinced that the text on the institution-building of the Council was the basic text of reference, and any amendment required the agreement and consensus of the Council. The High Commissioner’s Office should redouble its efforts and bring aid and assistance to the populations of the Occupied Palestinian Territory who had continued to live, for decades, under the heavy weight of an occupation that ignored all rules of international law and international humanitarian law – and the other occupied Arab territories required attention for the same reasons.

YURY BOICHENKO (Russian Federation) said that Russia appreciated the High Commissioner’s report and the explanations she had already given in the inter-active dialogue. Russia also appreciated the Office’s cooperation with States. That would ensure success in the promotion of human rights. However, Russia stressed that the documents handed in by the countries had to be as objective as possible and reflect the situation on the ground of the country undergoing the Universal Periodic Review.

Russia would continue to provide financial support for the work of the Office of the High Commissioner for Human Rights. It especially appreciated the work of the Office of the High Commissioner for Human Rights for the Durban Review Conference. Overcoming racism would only be possible by joint efforts of the international community. In that regard, Russia thanked the Office of the High Commissioner for the preparation of the documents for the Durban Review Conference. However, a few weaknesses in the Office remained: there was poor coordination with States, including a lack of field presences; there was geographical imbalance in the staff of the Office; and there was insufficient translation of documents. In closing, Russia was looking forward to the visit of the High Commissioner to Russia.

JAVIER GARRIGUES (Spain) said that Spain associated itself with the statement made by the Czech Republic on behalf of the European Union. Spain, as the second leading contributor to the Office of the High Commissioner for Human Rights, reiterated its unconditional support to the Office and its functions. Spain emphasized the need for the Office of the High Commissioner to maintain independence in the deployment of its functions. Spain shared the view of the High Commissioner on all matters related to treaty bodies and Special Procedures, and trusted that her Office would ensure that the relationship between treaty bodies and Special Procedures on the one hand, and civil society, on the other, would be carried out in the most transparent way possible.

Spain wished to reiterate its long-term commitment towards the Office of the High Commissioner for Human Rights, and said that the High Commissioner could count on Spain as an ally to play a major role within the United Nations human rights system and wished the High Commissioner all success in carrying out her work and that of her Office.

CARLOS RAMIRO MARTINEZ ALVARADO (Guatemala) said the determination of the High Commissioner to increase dialogue and transparency was appreciated, as it allowed her to respond more appropriately to their requirements. The Universal Periodic Review was one expression of the changes in the Human Rights Council, and the moment should be seized to optimise priorities. The Office, Guatemala was sure, would do its best to overcome difficulties. The thematic areas in the report were of great interest, in particular indigenous peoples, the rights of women, the rights of migrants, the rejection of incitement to racial and religious hatred and others, all of which continued to be very important to Guatemala, as did the new interests such as the right to food.

In particular, Guatemala agreed that the discussion and the framing of points of agreement among all countries and regions were necessary to ensure that the Durban Review Conference was successful.

NAVI PILLAY, United Nations High Commissioner for Human Rights, said that, regarding the field presence of the Office of the High Commissioner for Human Rights (OHCHR), concerns had been expressed in the morning session that the field presence was too focused on the South. She outlined that there were two types of field presence: on the one hand, there were field presences related to peace missions, and the majority of those were in Africa. Human rights advisers were the second type. They were demand-driven and based in a broad range of countries, including in Europe, for example in Georgia or in the former Yugoslav Republic of Macedonia. For the work of human rights advisers, agreement was sought with the host country before her Office undertook any activity. Many countries were increasingly appreciating a field presence of the Office and their advice was not regarded as a criticism, as had also been stated this morning.

The High Commissioner was pleased to receive more and more requests by ambassadors to establish a field office in their country. There was also soon going to be an office in Brussels in order to engage with European countries and formulate policy advice for implementation. There were 15 United Nations agencies in Brussels and the Office of the High Commissioner for Human Rights should join the United Nations family there. Human rights issues were complicated and the Office of the High Commissioner for Human Rights could provide leadership on the issue. The regional office was supposed to address issues related to racism, impunity and criminal justice and protection of human rights in the fight against terrorism. Recruitment was currently under way and the regional office should be up and running in the second half of this year.

The High Commissioner would like to see greater integration of the work of the Human Rights Council and the Universal Periodic Review via the field offices. She continued to receive requests from States to establish an OHCHR presence in their States to assist in catching up with a backlog in reporting to human rights treaty bodies. She was committed to strengthening and extending the field offices. Regarding further action to promote civil society’s role, her Office had issued last month a comprehensive handbook to facilitate civil society’s cooperation with the United Nations human rights programme. Her Office particularly supported non-governmental organizations that were not based in Geneva. Regarding transitional justice, Ms. Pillay said that armed conflict constituted a hurdle to the implementation of human rights. Her Office had issued a booklet on various transitional justice issues and a new booklet was planned in that series on preservation of national archives.

BEATE STIRO (Norway) thanked the High Commissioner for her report and appreciated the opportunity to engage in dialogue on issues of common interest. Norway was a strong supporter of her work and recognized the uniqueness of her mandate to promote and protect human rights around the world. The High Commissioner had achieved a lot since she took office some six months ago. In particular, Norway appreciated Ms. Pillay’s engagement and supported her vision for the Durban Review Conference. The fight against racism was of vital importance to human dignity and the Council could not afford anything but a clear, relevant and consensual message from the United Nations on that issue.

Increased protection at the country level was at the core of the Office’s field engagement. In that connection, Norway thanked the High Commissioner for the report on her visit to Colombia and appreciated the important work the Office was carrying out in that country. With reference to the Universal Periodic Review on Colombia, Norway asked how the High Commissioner’s Office intended to assist the Government and civil society in the follow-up to the recommendations made, particularly with regard to strengthening the protection of human rights defenders? In addition, Norway shared the High Commissioner’s concerns regarding the situation in Afghanistan. As had been pointed out so clearly in her report, the escalation of the armed conflict there had had a deteriorating impact on the human rights situation in Afghanistan. A crucial challenge in Afghanistan was still to engage the Afghan civil society more actively. In the High Commissioner’s view, how could the United Nations engagement with civil society and human rights defenders in Afghanistan be enhanced?

ANGELINO GARZON (Colombia) said Colombia had appreciated the visit of the High Commissioner in 2008, and the work of her Office in Colombia, feeling that the relations had been strengthened in a framework of cooperation and mutual respect. Colombia agreed with the High Commissioner’s assessment on the importance of the Universal Periodic Review. The commitment of Colombia to the Office of the High Commissioner for Human Rights and the Human Rights Council was not to be underestimated. Yesterday, Colombia had presented an initial report on activities adopted voluntarily by Colombia in the course of the Universal Periodic Review and on the mechanisms necessary for the follow-up.

The Vice-President of Colombia had extended invitations to two Special Rapporteurs to visit Colombia in the course of the year. Colombia would be working very closely with the Office to prepare for those visits. Much remained to be done to improve the human rights situation in the country. Colombia invited the various civil society organizations to work with it to that end. Discrimination in all forms violated the principles of human rights. The Durban Review Conference would provide an opportunity to continue the fight against that scourge, and Colombia was committed to the search for consensus-based documents in this regard.

LUIS ALFONSO DE ALBA (Mexico) said that Mexico appreciated the support by the Office of the High Commissioner for Human Rights for the Universal Periodic Review process, in particular the professionalism and objectivity with which the recommendations of the last review had been prepared. In that context, Mexico appreciated the High Commissioner’s ideas on the implementation of the second cycle of review. Mexico was convinced that the Office should, because of its independence and expertise, prepare a relevant paper and not only the compilation of input for the reviews. Mexico wanted to know what the Office’s opinion was regarding the means that the Council could implement regarding the promotion of the equality of women before the law and the manner in which those means could complement other United Nations mechanisms.

Mexico supported the High Commissioner in her continuing work for the protection and promotion of the human rights of migrants. Mexico considered it very important that the High Commissioner had clearly identified in her report a lamentable tendency towards the criminalization of migration and the development of anti-immigration policies, which persisted throughout the world, and which impacted negatively on the enjoyment of human rights enshrined in the Universal Declaration of Human Rights.

JUAN HOLGUIN (Ecuador) expressed thanks to the High Commissioner for her full and substantive report to the Council. With regard to the ratification of the Convention on the Rights of Migrants, the High Commissioner was joined by Ecuador in urging Member States who had not yet ratified the Convention to do so. Time and time again, violations of the human rights of vulnerable groups such as migrants, which had been addressed with concern by the Council and by the High Commissioner, all too often resulted in only pious words being heard. Today the world was seeing the rise of xenophobic legislation being adopted, and that perverse state of affairs was compounded by the current economic and financial crises. During the holding of the Human Rights Council Special Session on the financial crisis, developing States unfortunately had seen the abstention by the developed States on the resolution that had been the outcome of the session.

MOHAN PEIRIS (Sri Lanka) said Sri Lanka was confident that the High Commissioner would appreciate Sri Lanka’s transparent and constructive engagement with human rights mechanisms, Special Procedures and treaty bodies and in particular with her Office. That was evidenced by Sri Lanka’s agreement to the presence of a Senior Human Rights Adviser in the United Nations Country Team; its contribution to develop the Universal Periodic Review process and its voluntary participation in that process; its participation in the institutional-building process of the Council and its acceptance of its obligations flowing therefrom; and its pledges to strengthen implementation at the national level. The report noted that Sri Lanka had made significant progress in the establishment of safe passage and safety zones and, with the help of the United Nations agencies, had established transit and temporary shelters and shelters of a more permanent kind in the camps for internally displaced persons.

Sri Lanka was taking every measure to ensure equality and equal protection of the law to all its citizens without discrimination. There was a robust fundamental rights jurisdiction that was actively pursued as a matter of routine in the Supreme Court. It was Sri Lanka's view that the Council needed to ensure that the multiplicity of mechanisms did not impinge on existing procedures or mechanisms that already existed and were working well. These new procedures should not be an additional burden on Member States, in particular developing States who were doing their best with stretched resources. Sri Lanka would continue to work very closely with the Office with a positive outlook, as it approached a very critical and new phase in the history of the conflict.

MUSTAFIZUR RAHMAN (Bangladesh) said that Bangladesh shared the view of the High Commissioner that discrimination was the root of many human rights violations and the global community should fight discrimination in all its forms. Apart from race-based discrimination, migrants were a predominant group that suffered some of the worst forms of discriminatory treatment. That group was likely to be the first victim of xenophobia and anti-racist policies and practices in the wake of the global economic crisis. Bangladesh agreed with the High Commissioner that States should take adequate measures to protect rights of migrants at this trying time regardless of their origin, nationality or legal status.

Bangladesh could not agree more when the High Commissioner said prosperity, security, and welfare hinged upon implementation of economic, social and cultural rights including realization of the right to development. The right to development assumed particular importance in the context of widespread poverty and in the emergence of global crises and climate change. Bangladesh noted that the Office of the High Commissioner for Human Rights was making considerable efforts to the promotion and advocacy of these issues. As the Council strove to correct the regrettable discrepancy between the two groups of rights – economic, social and cultural vs. civil and political rights – and to level the human rights playing field, the Office of the High Commissioner for Human Rights also had the responsibility to guarantee equal emphasis to these rights in its programmes and actions.

HUGO BRAUWERS (Belgium) said that Belgium aligned itself with the statement made by the Czech Republic on behalf of the European Union. Belgium was committed to continuing to support the work of the Office of the High Commissioner for Human Rights and welcomed the opening of a regional office in Brussels this year. Belgium welcomed the Colombian Government’s measures taken to end human rights violations in that country despite the challenges faced as a result of the armed conflict. The Government of Belgium awaited the final outcome of the Durban Review Conference with high hopes, and urged that the consensus of the Durban Review Conference be preserved. With only six weeks left leading up to that Conference, it was important that the final document reflected the views of the entire international community. Belgium also hoped to stand for a seat in the Council this year, and strove to live up to hopes of the victims of human rights abuses, and the hopes of the people all over the world to contribute to the overall work and efficiency of the Human Rights Council.

CHRISTIAN STROHAL (Austria) said the possibility of regular dialogue between the Office of the United Nations High Commissioner for Human Rights and the Council was welcomed through the proposed briefings. The Office should remain independent so that it could discharge its duties in an effective and impartial matter. The Human Rights Council should be able to address thematic issues in all parts of the world, remaining able to deal with urgent human rights concerns as well as regular ones. Austria was interested in inviting more Experts from the whole United Nations system to brief the Council in order to ensure a better dialogue between all stakeholders.

In the end, human rights violations occurred on the ground, and had an impact on human beings, no matter the country. All of the international community should be ready to address human rights issues, not just those in their own region, and should share efforts in finding concrete solutions to shortcomings. The assessment of the High Commissioner on the follow-up of Universal Periodic Review recommendations and those of treaty bodies and special procedures was approved. The role of the High Commissioner in preparing for the Durban Review Conference was also appreciated, and should help in reaching consensus on a short, meaningful outcome document.

GERMAN MUNDARAIN HERNANDEZ (Venezuela) appreciated the report that the High Commissioner had presented, as well as the comments the High Commissioner had provided today during the inter-active dialogue. Venezuela felt that the High Commissioner’s report was an endorsement to the dialogue that was so characteristic of her Office’s working style. Venezuela was of the view that the interaction between the Council and the Office of the High Commissioner for Human Rights had to be strengthened and intensified, as well as characterized by good faith, respect and the will to cooperate in order to benefit from the synergies of those two instruments.

Venezuela fully identified with the substance of the High Commissioner’s statement, which had reflected the human rights challenges they faced today. Many delegations had expressed concern with regard to the upcoming Durban Review Conference, and Venezuela greatly appreciated the importance the High Commissioner had given to efforts to ensure a successful outcome. There had also been issues raised in the High Commissioner’s intervention which, considering their importance and cross-cutting nature, should be the object of greater attention by her Office. Some of those matters had been taken up by the Council in special sessions. Venezuela reiterated its firm commitment to cooperate with the Office of the High Commissioner for Human Rights in its efforts to promote and protect human rights laid down in the Universal Declaration of Human Rights.

JEAN CLAUDE PIERRE (Haiti) congratulated the High Commissioner for Human Rights, Navi Pillay, for her report and for the visit she made from 2 to 5 December 2008 in order to encourage the Haitian Authorities to further human rights reforms in the sectors of the judiciary, police force and prison system. She had noticed that food shortages, the numerous hurricanes that had ravaged the country and the high unemployment rates were major causes of the socio-economic crisis facing Haitians. More than 50 per cent of the population in Haiti was without access to drinking water, medicine and primary health care services. Child mortality was very high in the country. That was the case due to a number of factors affecting the Haitian people, which among others included lack of sanitation and nutritional deficiencies. The Government was working tirelessly to address those issues. However, the Government required additional resources in order to tackle those problems.

Haiti also wished to align itself with the statements made by Cuba on behalf of the Non-Aligned Movement, and the statement made by Chile on behalf of the Latin American and Caribbean countries.

PETER RIDER (New Zealand) said the assistance and expertise of the Office of the United Nations High Commissioner for Human Rights (OHCHR) proved especially valuable to the Government of New Zealand when it arranged a seminar last month for senior officials of Pacific Island Governments on preparing for the Universal Periodic Review. Pacific countries welcomed the strengthening of the OHCHR Pacific Office in Fiji during the past year. New Zealand wished to encourage the staff of the Suva office to travel widely within the Pacific region, especially to the small island States, which would welcome greater personal interaction with the Office staff as they increased their capacity to meet their human rights obligations.

Last year, New Zealand commended the Office on its efforts to increase the transparency of its work, to address gender inequalities and to ensure the distribution of staff reflected a geographic balance, and was pleased this year to note improvements in those areas. In her introduction, the High Commissioner had mentioned that the Office would focus on safeguarding against sexual violence in situations of conflict and on the promotion of all women's human rights. What was her comment on initiatives or strategies in the year ahead, including areas of specific focus, for example, with respect to justice for victims?

JOHAN ARIFF ABDUL RAZAK (Malaysia) said that Malaysia reaffirmed its readiness to cooperate with all members to contribute positively to the process of refining and streamlining the various mechanisms and mandates of the Council. In Malaysia’s view, the Universal Periodic Review process constituted an excellent avenue for earnest, sincere and non-confrontational dialogue among States, aimed at promoting and protecting human rights, while taking into account the particularities and specificities of the country under review. Malaysia noted that the work of several Special Procedures mandate holders would be up for discussion at this session. It expressed its concern at an apparent trend among several mandate holders, who, in course of their work for the Council, made pronouncements on areas that did not fall within their agreed mandates. That trend must not continue. While Malaysia acknowledged that Member States had the right to seek the views of those mandate holders, Malaysia was of the view that such rights should not be construed as a window by mandate holders to unilaterally expand the scope of their agreed mandate.

Malaysia was satisfied that the Council had convened two special sessions on thematic issues, namely of the global food crisis and the impact of the global economic and financial crisis on human rights. Malaysia hoped that that the Council and the Office of the High Commissioner for Human Rights would continue to respond immediately to urgent human rights situations that impacted negatively on the full and effective enjoyment of human rights.

OMAR HILALE (Morocco), thanked High Commissioner Pillay for her strategic vision, and effective and regular dialogue with States on the promotion and protection of human rights. Morocco attached particular importance to greater interaction and closer coordination with the Office of the High Commissioner for Human Rights and the Human Rights Council. Morocco also shared the vision of the High Commissioner on the Universal Periodic Review. The Review put all States on the same footing and on the same level when the human rights situations in their respective countries were being reviewed, something which had not been present in the Human Rights Commission. Morocco encouraged the High Commissioner to continue her work on the Universal Periodic Review in the preparation of reports, but also in consultations with stakeholders and in the follow-up process.

The High Commissioner’s report looked at the problem of racism and discrimination, which added value to the Durban Review Conference process through an inclusive and close dialogue with States. The organizing of regional seminars also contributed to improving understanding and concrete measures based on international instruments. Morocco further recognized the right to development, particularly in the achievement in the Millennium Development Goals.

KHADIJA R. MASRI, of the African Union, said the fruitful work of the High Commissioner was appreciated, as was the holding of the interactive dialogue, which created a true climate of cooperation and dialogue in the heart of this prestigious body. The African Union thanked the High Commissioner for her report and her presentation. Her commitment and devoted involvement in the different fields of activity of the Council with regard to the challenges of realizing its mission of protection and promotion of human rights reflected the new dynamic brought to the Council to consolidate cooperation and international solidarity. That was noticeable in several areas, such as the Universal Periodic Review, the Special Procedures, the treaty bodies, the fight against racism, racial discrimination, xenophobia and related intolerance, including discrimination against women, indigenous peoples, minorities, migrants and other populations that were of importance for Africa and the entire international community.

The African Union agreed that there was a need to identify a true equilibrium between freedom of expression, which should remain one of the most fundamental human rights, and the duty to combat all incitement to hatred, whatever its basis. With regard to activities in the field, the African Union appreciated the visits of the High Commissioner to several African nations. The African Union would continue to support the Office of the High Commissioner for Human Rights, and would collaborate efficiently with the High Commissioner to achieve a greater and better enjoyment of human rights in the African Continent and the rest of the world.

I.E. NWOSU (Nigeria) said that Nigeria shared the vision of the realization of all human rights provided for in the Universal Declaration of Human Rights, with the aim of improving lives of all without regard to race, culture or nationality. Nigeria also shared the assertion that discrimination was itself a human rights violation and that it was all too often at the root of other human rights abuses. Worthy of commendation were the efforts of the High Commissioner to ensure that consensus as well as open and frank dialogue persisted on all human rights debates. Nigeria was much concerned with a number of human rights issues, particularly the critical issue of poverty, which affected a vast majority of humanity. It should therefore be addressed as a matter of priority.

Nigeria was committed to the Universal Periodic Review process and believed that the institution-building text clearly embodied the responsibilities of the treaty bodies and special mechanisms that were sufficient enough not to be altered too soon. Nigeria said that the issue of Sudan was delicate and demanded utmost caution by the international community. Nigeria firmly believed that the international process was meant to facilitate resolution of the problem in Sudan rather than compound it. The International Criminal Court should not be politicized. Nigeria supported the efforts of the African Union at finding an acceptable solution to the problem in Sudan.

VIJAVAT ISARABHAKDI (Thailand) thanked the High Commissioner for her report, which very comprehensive. Thailand highly appreciated her long-standing and well-known commitment, dedication and enthusiasm that she brought in carrying out her responsibilities. Thailand agreed with the statement made by Ms. Pillay on migrants being disproportionately discriminated against. However, it was pointed out that when it came to migration, there were many complex dimensions involved, including economics, politics, development, national security and human rights, all of which needed to be taken into account by States. This was one of the main challenges that Thailand faced. Hence, Thailand believed that international and regional efforts to deal with the multifaceted challenges of migration were essential, in order to address the problem at its root causes. While realizing the need to uphold humanitarian principles, the international community must also be sensitive to the national security concerns of States and deal with the problem of human trafficking.

OMER DAHAB FADOL MOHAMED (Sudan) welcomed the annual report of the High Commissioner. In a world where inter-Governmental institutions were increasingly used, misused and abused, it was a positive fact that a person from a country that had fought apartheid had assumed the post of High Commissioner. Sudan had actively participated in a seminar on the prevention of genocide, and refuted the accusations of the International Criminal Court that it had fomented genocide in Darfur. Meanwhile, there was concrete and conclusive evidence collected by reputable sources on the shameful involvement of 13 countries and Governments in committing genocide in Rwanda in 1994.

On the call of the High Commissioner to heed the call of the International Criminal Court and respect its decisions, it was sad that that body was now subject to grave concerns on its impartiality and independence. The International Court of Justice had an unimpeachable record, and this showed up the predicament of the International Criminal Court. Unfortunately, the independence of the body had been undermined by its Prosecutor.

ALI BAHREYNI (Iran) said that the enhancement of international cooperation had a significant role in the promotion of human rights. It was extremely important to explore the ways and means to foster and facilitate such cooperation. Iran asked the High Commissioner to share with them her ideas as well as the Offices’ initiatives to achieve that goal. By the same token, strengthening intercultural dialogue on human rights could play a key role in the promotion of understanding that would subsequently enhance bilateral and international cooperation for the promotion of human rights.

Iran attached great important to the successful preparation and convening of the Durban Review Conference. They must ensure that the Conference would achieve its goals and address the impediments towards the full realization of the Durban Declaration and Plan of Action, as well as the current manifestations of racism and racial discrimination. Iran also emphasized the necessity for facilitating active and constructive participation of the representatives of the civil society, in particular non-governmental organizations, in the Review Conference. Iran further welcomed the High Commissioner‘s emphasis on the right-based approach to development. In that regard, Iran asked the High Commissioner for more information regarding her Office’s initiatives in order to mainstream the realization of the right to development in the United Nations mechanisms.

MOHAMMED KHADIRI, of the International Coordinating Committee, thanked the High Commissioner for her report and the Office of the High Commissioner for Human Rights for the great contribution made to safeguarding all human rights in all parts of the world. The International Coordinating Committee highlighted the invaluable support and working contributions of the Office’s National Institutions Unit to individual national human rights institutions, their regional coordinating bodies, and to International Coordinating Committee efforts more broadly. Further, the crucial role played by the Office of the High Commissioner for Human Rights in establishing and strengthening independent and effective national human rights institutions in line with the Paris Principles was underscored.

PETER SPLINTER, of Amnesty International, strongly supported the call for the Special Procedures system to receive adequate resources to fulfil the increasingly numerous demands that the Council placed on the system's expertise. To better assist the Council to address crisis situations, it needed to devise credible, long-term, sustainable and well-resourced mechanisms for investigation, monitoring, advice and follow-up of specific situations that could draw on the expertise of the Special Procedures. The Council had to demand that more humanitarian assistance be brought into the Vanni area of Sri Lanka immediately. The Expert meeting to discuss articles 19 and 20 of the International Covenant on Civil and Political Rights was a positive step – it had provide a solid grounding for further discussion of the relationship between freedom of expression and the prevention of advocacy of religious hatred that constituted incitement to discrimination, hostility and violence.

GIANFRANCO FATTORINI, of Movement against Racism and for Friendship among Peoples, encouraged the Office of the High Commissioner for Human Rights to continue promoting and protecting human rights on a national level and cooperation with the United Nations system. In addition, the organization wondered what role the High Commissioner intended to play in order to ensure the enjoyment of human rights for the Sahraoui people. The Movement against racism and for friendship among peoples was of the view that it was necessary to strengthen the effective capacities of the Office of the High Commissioner for Human Rights to react to situations where human rights were threatened. It would like to know more about initiatives the Office had undertaken regarding the promotion and protection of human rights of the people living on the Tibetan plateau, which had suffered from Chinese suppression during various incidents last year.

MANSOUKI WASSILA, of the General Arab Women Federation, appreciated the efforts of the High Commissioner in highlighting human rights issues. However, her report did not address the dire human rights situation prevailing in Iraq, which had left more than 1 million Iraqi civilians dead and 5 million refugees and internally displaced persons. In addition, hundreds of thousands of Iraqis had been subjected to abuse and torture in prisons and detention centres. Since 2003, the Iraqi people were suffering from all kinds of grave, severe and systematic violations of their basic rights. Everyday Iraqis faced threat to their lives and security, as a result of the United States invasion and occupation.

JULIE DE RIVERO, of Human Rights Watch, said that, in her statement, the High Commissioner had mentioned the need for accountability for serious human rights violations and international humanitarian law in Sudan. The decision of the International Criminal Court to issue an arrest warrant for the President of Sudan signalled that even those at the top could be held to account. That was a true victory for the victims of Darfur, and a warning to all human rights violators around the world. In Sri Lanka, the absence of humanitarian agencies on the ground meant that even the limited food, medicine and other aid that went into the area could not be adequately monitored. The Human Rights Council and the Office of the High Commissioner for Human Rights should respond decisively to the situation in Sri Lanka. Today, international human rights monitors were needed more than ever on the ground, and the Office had a critical role to play in responding to the crisis.

RONALD BARNES, of the Indian Council of South America, said that indigenous peoples were and continued to be denied the right to self-determination based expressly upon grounds of racial discrimination. Apartheid was not dead; they were only just beginning to address that plight. Indigenous peoples had been expressly recognized as having the political right to self-determination as part of existing rights before the adoption of the Declaration on the Rights of Indigenous Peoples. Up to now, however, the former Commission and the present Council had been unwilling to commence studies or other mechanism to address such issues. While the organization realized the limitations of Office of the High Commissioner for Human Rights, it nonetheless asked: what could the High Commissioner and her Office do to foster the will to address and to continue to combat racism, discrimination and apartheid, to combat institutional racism and discrimination that continued to marginalize all peoples, and particularly indigenous peoples, at all levels of recognition or status, whether they be formerly recognized independent States, non-self-governing territories or any other level of recognition?

HILLEL NEUER, of United Nations Watch, urged the High Commissioner to address the human rights violations in Myanmar, among others. With regard to the arrest warrant of Sudanese President Al Bashir, and given the expulsion of 10 aid agencies, which threatened the lives of thousands, Human Rights Watch urged Sudan to comply with the arrest warrant, and that the mass killings stopped soon. With respect to the Durban Review Conference, despite the appeals made in the past years on behalf of United Nations Watch, the draft text that had been circulated had failed to reflect their views.

LUKAS MACHON, of the International Commission of Jurists, said the Council should remedy its failure to take effective action to help prevent human rights violations and enhance protection of civilians in emergencies, including in armed conflicts, and reconsider its action on Somalia, Gaza, the Democratic Republic of Congo, and a lack thereof on Zimbabwe, Sri Lanka, and Tibet. The Council was requested to create a dedicated mandate to help indicate any emergence of violence against civilians in conflict situations and bolster accountability of its perpetrators. A creative use of Council mechanisms, including the special briefings or President's statements could also boost prevention of gross human rights violations. A new commitment to protection of human rights in counter-terrorism was essential. Several country situations required immediate response.

JEREMIE SMITH, of the Cairo Institute for Human Rights, said that it greatly appreciated the efforts of the Office of the High Commissioner for Human Rights to combat racial and gender discrimination, promote a broad range of rights, and stand in defence of the international rule of law and justice, including the International Crimination Court. The Institute noted the efforts by the Office to combat impunity and wholly supported the High Commissioner’s view expressed today that when States were unwilling or unable to genuinely investigate and prosecute genocide, war crimes and crimes against humanity, international justice mechanisms had to be engaged. To that effect, States should strengthen their cooperation with the International Criminal Court and respect its independence. Also pointed out by the High Commissioner was the fact that the situation of human rights in Sudan remained of grave concern. The Institute reminded all Member States of the United Nations that they had a clear obligation and duty to both respect and support decisions issued by the International Criminal Court, including the arrest warrant issued by the Court yesterday for the President of Sudan.

GIYOUN KIM, of the Asian Forum for Human Rights and Development, welcomed the first annual report of the High Commissioner presented to the Council, and appreciated steps taken by her Office in addressing the chronic and dire human rights situations of Asian countries, in particular, through her prompt and timely issuance of public press statements and letters of concern which played a critical role in alerting and drawing the attention of concerned States and the international community to the voices and needs of victims of human rights violations. It was noted with concern that the fifteenth Annual Workshop on Regional Arrangements in the Asia-Pacific Region had not taken place last year.

NAVI PILLAY, United Nations High Commissioner for Human Rights, responding to those questions and issues, said that she had made note of all suggestions and questions made, and could not address all of these in the time available. However, note had been made, and would be used as fuel to develop issues and programmes. On Special Procedures, she had said the value of their input in the Universal Periodic Review process and a strengthening of that process could not be underestimated. The Special Procedures, country and thematic mandates had been and continued to be very useful tools for the Council to assess, in an expert, independent manner, country situations and make recommendations to address them. The Office provided support to the Special Procedures, and special effort had been made to reinforce that, in particular with regard to the economic, social and political mandates. Nevertheless, there was still a need for regular budgetary resources to match their needs.

With regard to specific country situations, on the Occupied Palestinian Territory, a number of delegations had raised the matter, and attention had been drawn to the fact that she had not raised this situation in her opening statement. There was no doubt to the importance that Ms. Pillay attached to the situation there, and the human rights situation in Palestine and other Occupied Arab Territories would be addressed under agenda item 7, with a focused and detailed discussion. Following the resolution S-9/1 adopted by the Human Rights Council, the Office had immediately dispatched two human rights officers to support the existing Office of the High Commissioner for Human Rights Office in Ramallah. Accountability should be ensured for all violations of international humanitarian and human rights law, and credible and independent, transparent investigations should be carried out to investigate violations and establish responsibilities.

Concerning Sri Lanka, Ms. Pillay had continued to raise relevant issues with the Government of that country, including jointly with the heads of four other United Nations agencies to see how they could meet the increasingly urgent needs of the civilian population. A human rights adviser had been deployed in 2004 at the request of the United Nations country team. The Sri Lankan Government had been asked to allow the opening of an Office in the country with the full mandate to protect and promote human rights, but it had not to date agreed. While the Office could continue to assist in modest ways, it required a more fully fledged mandate to fulfil the role, especially with regards to the future and the needs of transitional justice requirements.

In the Democratic Republic of the Congo, the issue had been raised because of the Office's activities there to address gender-based violence and sexual violence. A comprehensive strategy on the former had been agreed by the United Nations country team and Government, comprising four pillars including impunity, multi-sectoral reform, and the security sector, with a focus on justice for victims. Regarding Somalia, there were many challenges, and responses to these included monitoring, advocacy, capacity-building, and awareness-raising issues, construction of basic infrastructure and others, all of which impacted on human rights in the broadest sense. The Office of the United Nations in Somalia was fully effective, and provided technical support to various other bodies in the country.

On Colombia, with regard to leadership in the Office there, the recruitment process for Head of Office had concluded in late 2008, and the post had been filled since the beginning of the month. As regarded Afghanistan, and efforts to strengthen civil society organizations, she considered this a matter brought to her attention, and it would be considered seriously. The Office there carried out a range of activities aimed at minimizing the effects of conflict on civilians, and advocated with a wide range of actors, including Afghan authorities, international military forces and others with an aim to strengthen compliance with international human rights and humanitarian law. Issues on transitional justice had been followed up, although it had lost attention in Afghanistan, and it was therefore perhaps time to review the national strategy. The Government would require support from the international community in that regard.

With regard to issues raised by non-governmental organizations, Ms. Pillay said she could not address all of them, but they had been taken note of. She assured NGO representatives that these issues would be considered – they were a reminder of the critical role that the High Commissioner could and should play.


For use of the information media; not an official record

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