HUMAN RIGHTS COUNCIL HOLDS INTERACTIVE DIALOGUE WITH SPECIAL RAPPORTEURS ON FREEDOM OF OPINION AND EXPRESSION AND ON VIOLENCE AGAINST WOMEN

The Human Rights Council this morning held an interactive dialogue with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Rapporteur on violence against women, its causes and consequences. The Council also concluded its interactive debate with the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health and the Special Rapporteur on trafficking in persons, especially women and children.

Frank La Rue, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, addressed in his report two dimensions of the right to freedom of expression and the Internet, access to online content and access to Internet connection and the necessary infrastructure. The Internet played a valuable role in countries where there was no independent media and was a powerful tool to increase transparency in the conduct of the powerful, to access information from diverse sources, and to facilitate active citizen participation in building democratic societies. Mr. La Rue noted with concern that following the recent use of the Internet to organize and mobilize peaceful assemblies, many States adopted technologies and tactics to censor online content, monitor and identify individuals who expressed critical opinions and to unduly censor and criminalise online expression, in particular: arbitrary blocking or filtering of content; criminalization of legitimate expression; intermediary liability; and the right to privacy and data protection. One of the gravest forms of restriction to the right to freedom of expression was the existence and use of criminal law to sanction legitimate expression.

Rashida Manjoo, the Special Rapporteur on violence against women, its causes and consequences, was pleased to report that she had prepared a thematic report on the multiple and intersecting forms of discrimination and violence against women. The report analyzed the forms, causes and consequences of multiple forms of discrimination as regarded violence against women. The Special Rapporteur highlighted the reality of the many forms of discrimination against women and argued that the intersections between gender-based discrimination and other forms of discrimination were too often overlooked. The problematic nature of human rights discourse regarding violence had led to the marginalization and invisibility of violence perpetrated against women. The report proposed a holistic approach that required addressing systematic discrimination and marginalization and the adoption of measures that addressed both inter-gender and intra-gender inequality and discrimination. Despite the global focus on violence against women, the reality on the ground showed that violence against women remained the most pervasive human rights violation and existed, whether in times of peace, conflict or post-conflict.

Mexico, Republic of Korea, Algeria, United States, and Zambia spoke as concerned countries.

In the interactive dialogue on freedom of opinion and expressions, speakers said the new technologies were essential in promoting citizens’ demand for greater freedom and democracy. The Internet as opposed to other communication technologies was interactive and allowed for expression in many countries where other channels of expression did not exist. Other speakers said that the report made extensive reference to unsubstantiated reports regarding freedom of expression, adding that a basis of equality and mutual respect must be the background to conduct constructive dialogue with countries. Some speakers said while everyone should have free access to the Internet, its use should respect applicable international human rights norms and standards and avoid detriment to the reputation of other individuals or security concerns. While the relevance of the Internet could not be discounted, speakers noted with concern the apparent cultural domination of its content by some regions and asked whether this posed a threat to the culture of others. One speaker said the Special Rapporteur systematically went beyond his mandate and reported to the Human Rights Council on issues beyond his competence. He also had a non-independent and non-balanced approach when assessing the approach to freedom of expression in countries.

Concerning violence against women, its causes and consequences, speakers agreed with the Special Rapporteur that violence against women must be understood as a continuum and that it existed because it could. It was therefore important to protect women from discrimination and exploitation. It was noted that the Special Rapporteur’s report made a comprehensive analysis of various forms and root causes of violence against women and the recommendations of the Special Rapporteur warranted serious study. Violence remained regardless of existing norms and instruments and a holistic approach was necessary to achieve progress. Speakers agreed with the Special Rapporteur on the need to see holistically this phenomenon and to understand that one size could not fit all.
Violence against women could not be addressed without also considering women’s health, extreme violence against women and other issues, and States needed to take a holistic approach to the issue. UN Women should also take on this holistic approach.

Speaking in the interactive dialogue on freedom of opinion and violence against women were Chile, China, Nigeria on behalf of the African Group, Colombia, European Union, Belarus, Brazil, Japan, Morocco, Belgium, Cuba, France, Pakistan on behalf of the Organization of the Islamic Conference, Spain, Slovakia, Peru, New Zealand, Senegal, Australia, Austria, Bosnia and Herzegovina, Canada, Guatemala, Algeria, United Kingdom, Maldives, Germany, Indonesia on behalf of the Association of the Southeast Asian Nations ASEAN, Switzerland, United States, Uruguay, Poland, Costa Rica, Thailand, Czech Republic, Iran, Palestine on behalf of the Arab Group, Egypt, Malaysia, Sweden and Sri Lanka.

At the beginning of the meeting, the Council concluded its interactive debate with the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health and the Special Rapporteur on trafficking in persons, especially women and children.

In concluding remarks, Joy Ngozi Ezeilo, the Special Rapporteur on trafficking in persons, especially women and children, said she was encouraged by the recommendations given at the individual State level to end human trafficking. The Special Rapporteur was pleased to note the progress made around the world with regard to human trafficking. The Special Rapporteur noted that her report focused on identification, protection and assistance to trafficked persons. It focused on measures developed by the International Organization for Migration to identify persons who were victims of trafficking. This included a checklist which was very helpful for law enforcement officers. Regarding trafficked children the Special Rapporteur noted that information for children must be child appropriate and available in a language that they understood. The Special Rapporteur addressed the question about the implications of the involvement of parents in trafficking. It was not safe to return children to such an environment and an alternative situation needed to be found for these children. The Special Rapporteur also noted the need for re-integration programmes for these children.

Ms. Ngozi Ezeilo and Anand Grover, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, presented their reports on Wednesday, 1 June. Their presentations, the beginning of the interactive dialogue and the concluding remarks of Mr. Grover can be found in press release HR/11/70 of 1 June.

Speaking in the interactive dialogue on right to health and on trafficking in persons were the following national human rights institutions and non-governmental organizations: National Human Rights Council of Morocco, European Regional Alliance of National Lesbian and Gay Federations, Associazione Cunazio, Franciscans International and the Global Alliance against Trafficking in Women, North South XXI, Save the Children Alliance, and Cooperacion Humanas.

The Council today is holding back-to-back meetings from 9 a.m. to 6 p.m. In its afternoon meeting, the Council will conclude its interactive dialogue on freedom of opinion and expression and on violence against women. It will hear a presentation by Bacre Ndiaye, Director of the Human Rights Council and Special Procedures Division of the Office of the High Commissioner for Human Rights, of the thematic reports of the Secretary General and the High Commissioner for Human rights and will then hold a general debate on agenda item two on the annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General, and agenda item three on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development.

Interactive Dialogue on Right to Health and on Trafficking in Persons

KATHARINA ROSE, of National Human Rights Council of Morocco, said it had conducted a study on trafficking in persons which was presented in a memo to the King of Morocco. The recommendations of the memo coincided with many of the recommendations of the Special Rapporteur on trafficking in persons, especially women and children. The recommendations highlighted the importance of identifying root causes of trafficking in persons, and identifying different aspects of trafficking of persons in order to facilitate identification of persons vulnerable to trafficking and take necessary measures to prevent trafficking. Recommendations also emphasized the importance of the psychological characteristics of victims, the need to pay particular attention to certain regions, reinforce international and regional cooperation and the need to develop sector-based public policies. Importance should also be given to finding institutional, judicial, monitoring and other State structures to support States threatened by trafficking of persons and to combat transitional crime. Special attention should also be given to training those working in field, research, studies, and database development.

SHEHEREZADE KARA, of European Region of the International Lesbian and Gay Federation (ILGA-EUROPE, thanked the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, and stated it wished to address the communities most affected by HIV/AIDS, transgender communities and gay men. Lack of respect of human rights could have negative effects on vulnerable communities. Transgender people faced criminalization in many forms and had been denied health care, sometimes resulting in death. The Alliance encouraged the Special Rapporteur to pay particular attention to these issues.

STEFANO NOBILE, of Associazione Comunita Papa Giovanni XXIII, in a joint statement with Caritas Internationalis (International Confederation of Catholic Charities, noted that children accounted for 18 per cent of persons living with HIV/AIDS. Fifty per cent of HIV/AIDS positive children died before their eighth birthday. This was due to high levels of stigma and very fragile health systems in developing countries, especially in sub-Saharan Africa. Developing national HIV plans and integrating such programmes into national systems was important. There should be negotiations with the pharmaceutical companies to make pediatric medicines available. Increased efforts to achieve Millennium Development Goals four and five were also important. States should work to ensure that international agreements such as TRIPS did not undermine access to medicines. Universal access for children with HIV/AIDS and Tuberculosis infection was important, especially for the poorest and most marginalized people

FRANCESCA RESTIFO, of Franciscans International, in a joint statement with Global Alliance Against Traffic in Women, noted the finding that trafficked persons were often left without access to remedies and that discrimination was a barrier to remedies. Franciscans International noted what the Special Rapporteur said that many trafficked persons were often wrongly identified as irregular migrants and deported before being able to seek remedies. Trafficked persons had difficulty in accessing justice. This included denial of assistance and justice to those unwilling or unable to cooperate. Franciscans International called on the Human Rights Council to assure that the human rights of migrants were assured. Franciscans International also called on the Special Rapporteur to pay attention to discrimination as a component of trafficking and a barrier to the enjoyment of human rights.

GALA MARIC, of North-South XXI, welcomed the focus on the intersection between health and development of the report of the Special Rapporteur. Half of the Millennium Development Goals depended on health, which was essential for the achievement of other goals. Cooperation among States was necessary in order to achieve the fulfilment of the right to health, particularly of those States with abundant resources. North-South XXI asked why the Special Rapporteur only marginally addressed this issue in his report and avoided references to “the right to health”, using “a right to health” and asked him to explain the significance of this if any. Finally, North-South XXI asked about ongoing cooperation between the Special Rapporteur and the World Health Organization and how to further extend his mandate in this regard.

NIKI DHEEDENE, of International Save the Children Alliance, acknowledged the emphasis on health-related development programming in the report of the Special Rapporteur. Save the Children Alliance emphasised that reproductive services, including family planning was important for achieving development goals, since maternal and child mortality led to poverty and fostered underdevelopment. Empowering women to decide on their sexual right and pregnancy saved lives of women and children. For this reason, it was important to work with communities and on legislation in order to address discriminatory practices and to support women and girls during pregnancy and birth. Save the Children Alliance encouraged the Special Rapporteur to include references both to maternal and child health in future reports.

MARIANA DUARTE, of Centro Regional de Derechos Humanos y Justicia de Género (Corporacion Humanas), thanked the Special Rapporteur on trafficking in persons, especially women and children, for her visits to countries, reports and the development of standards. Cooperacion Humanas emphasized that the Special Rapporteur needed to further develop standards, regional policies, and pay special attention to trafficking in children, women, transgender people and other vulnerable groups. Cooperacion Humans asked that the Special Rapporteur work to deepen the relationship between countries of origin and destination. Special stress should be put on recommendations as to what measures States should adopt, including those related to punishment, reparation, restitution, rehabilitation and other aspects. In view of the difficulty of procedures, information, special legal access, special statutes and other efforts should be made to combat trafficking in persons.

Concluding Remarks by the Special Rapporteur on Trafficking in Persons

JOY NGOZI EZEILO, Special Rapporteur on Trafficking in Persons, Especially Women and Children, in concluding remarks, said that she was encouraged by the recommendations given at the individual State level to end human trafficking. The Special Rapporteur was pleased to note the progress made around the world with regard to human trafficking. Ms. Ngozi Ezeilo expressed appreciation to Egypt regarding developments since her visit, and she noted the development of a national action plan and the establishment of data collection systems which was ongoing. The Special Rapporteur also praised the partnership with the International Organization for Migration to provide temporary shelter to trafficked persons. Ms. Ngozi Ezeilo said that she believed that a number of other countries had already made such facilities available to trafficked persons. The Special Rapporteur said that she hoped that Egypt’s national action plan would be fully monitored and evaluated. The Special Rapporteur thanked Argentina for its constructive contribution and noted the post visit developments in Argentina, including legislative developments. Ms. Ngozi Ezeilo also noted Uruguay’s willingness to partner with other countries on human trafficking. In this regard the Special Rapporteur noted that training had already gone on in this area.

The Special Rapporteur noted that her report focused on identification, protection and assistance to trafficked persons. It focused on measures developed by the International Organization for Migration to identify persons who were victims of trafficking. This included a checklist which was very helpful for law enforcement officers. Regarding trafficked children the Special Rapporteur noted that information for children must be child appropriate and available in a language that they understood. The Special Rapporteur addressed the question by Germany about the implications of the involvement of parents in trafficking. It was not safe to return children to such an environment and an alternative situation needed to be found for these children. The Special Rapporteur also noted the need for re-integration programmes for these children. The Special Rapporteur noted Slovakia’s question on taking forward the draft basic principles on the right to effective remedies. This was a draft and that she had done the first step and presented it to the Council and hoped that it could be refined. The Special Rapporteur expressed the hope that States could use this as a standard to incorporate into their national plans of action.

Documentation

The Report of the Special Rapporteur on the promotion and protection of the right of freedom of opinion and expression, Frank La Rue, (A/HRC/17/27), explores key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet. The Special Rapporteur underscores the unique and transformative nature of the Internet not only to enable individuals to exercise their right to freedom of opinion and expression, but also a range of other human rights, and to promote the progress of society as a whole.

Communications to and from Governments, (A/HRC/17/27/Add.1), provides summaries of the communications on specific cases addressed by the Special Rapporteur to States, as well as summaries of the replies by States received and their observations thereon. The cases raised by the Special Rapporteur in this addendum include communications sent between 20 March 2010 and 31 March 2011. The addendum contains summaries of responses received from States until 13 May 2011. Most of the responses by States refer to communications sent by the Special Rapporteur between March 2010 and March 2011.

Mission to the Republic of Korea 6 to 17 May 2010, (A/HRC/17/27/Add.2), provides a brief overview of the political and historical background in the Republic of Korea, and outlines international legal standards and the domestic legal framework on the right to freedom of opinion and expression. In the main section of the report, the Special Rapporteur focuses on the following issues of concern: defamation, freedom of opinion and expression on the Internet, freedom of opinion and expression before elections, freedom of assembly, restrictions on freedom of expression on the basis of national security, freedom of opinion and expression of public officials, independence of the media, and the National Human Rights Commission of Korea.

Corrigendum, (A/HRC/27/Add.2/Corr.1), Page 19, footnote 27 For July 2007 read July 2009.

Mission to Mexico 9 to 24 August 2010, (A/HRC/17/27/Add.3), is currently unavailable in English.

The Report of the Special Rapporteur on violence against women, its causes and consequences, Rashida Manjoo, (A/HRC/17/26), notes that violence against women remains a global epidemic, which is further complicated when considering multiple and intersecting forms of discrimination. This thematic report examines such discrimination in the context of violence against women and provides a conceptual framework for further discussion. The report acknowledges the reality that while multiple and intersecting forms of discrimination have contributed to and exacerbated violence against women, information on the intersections between gender-based discrimination and other forms of discrimination, and the consequences thereof, are too often overlooked. In addition to analyzing the forms, causes and consequences of multiple forms of discrimination as regards violence against women, this report also considers inter-gender and intra-gender differences, arguing that a one-size-fits-all programmatic approach is insufficient for combating gender-based violence.

Communications to and from Governments, (A/HRC/17/26/Add.1), contains, on a country by country basis, summaries of allegations, as well as urgent appeals sent to Governments on individual cases and general situations of concern to her mandate. This report includes summaries of the communications sent from 21 March 2010 to 15 March
2011 (with respect to allegation letters), and from 16 April 2010 to 15 April 2011 (with respect to urgent appeals). The report also contains summaries of government replies received until 1 May 2011.

Follow-up to Mission to El Salvador, (A/HRC/17/26/Add.2), explores the extent to which the recommendations made in the previous report have been implemented by examining the most prevalent forms of violence encountered currently by women and girls in El Salvador, the State response to such violence, and the main remaining challenges.

Mission to Algeria 1 to 10 November 2010, (A/HRC/17/26/Add.3), contains the findings of the Special Rapporteur on violence against women, its causes and consequences, on her visit to Algeria, from 1 to 10 November 2010. It explores the situation of violence against women, its causes and consequences, the State response to such violence, and the remaining challenges, including by reviewing the progress made since the visit of her predecessor in 2007.

Mission to Zambia 6 to 11 December 2010, (A/HRC/17/26/Add.4), contains the findings of the Special Rapporteur on violence against women, its causes and consequences, following her visit to Zambia from 6 to 11 December 2010. It examines the situation of violence against women in the country taking into account its causes and consequences. It also discusses the State’s response to prevent such violence, protect and provide remedies to women who have been subjected to such violence, and to prosecute and punish the perpetrators.

Mission to the United States 24 January to 7 February 2011, (A/HRC/17/26/Add.5), broadly examines the situation of violence against women in the country, including such issues as violence in custodial settings, domestic violence, violence against women in the military and violence against women who face multiple, intersecting forms of discrimination, particularly native American, immigrant and African-American women.

Presentation of Reports on Right to Freedom of Opinion and on Violence against Women

FRANK LA RUE, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, said his report addressed two dimensions of the right to freedom of expression and the Internet, access to online content and access to Internet connection and the necessary infrastructure. Mr. La Rue said that the Internet played a valuable role in countries where there was no independent media and was a powerful tool to increase transparency in the conduct of the powerful, to access information from diverse sources, and to facilitate active citizen participation in building democratic societies. Mr. La Rue noted with concern that following the recent use of the Internet to organize and mobilize peaceful assemblies, many States adopted technologies and tactics to censor online content, monitor and identify individuals who expressed critical opinions and to unduly censor and criminalise online expression, in particular: arbitrary blocking or filtering of content; criminalization of legitimate expression; intermediary liability; and the right to privacy and data protection. One of the gravest forms of restriction to the right to freedom of expression was the existence and use of criminal law to sanction legitimate expression. The Special Rapporteur noted that, according to Reporters without Borders, 109 bloggers were imprisoned in 2010 and expressed concern that many States had adopted laws which imposed liability upon intermediaries if they did not filter, remove or block content generated by users deemed illegal. Holding intermediaries liable for third-party content undermined the enjoyment of the right to freedom of opinion and expression, and led to self-protective and over-broad private censorship, without transparency and due process of the law. While the Internet allowed for a certain degree of anonymity, increasingly it allowed Governments to collect individuals’ personal information and monitor their communication and activities. States should develop concrete and effective policy on the basis of open consultations to make the Internet widely available, accessible and affordable to all segments of the population, with special attention to the poor.

Reporting on his visits to the Republic of Korea, Mexico and Algeria, Mr. La Rue commended the progress made by the Republic of Korea in the field of broadband connectivity but criticised the criminalisation offences related to freedom of expression. Mr. La Rue recommended decriminalising offences related to the right of freedom of expression and promoting a culture of tolerance regarding criticism. The Special Rapporteur noted with concern the current trend in violence with impunity against journalists in Mexico. Aggressions against journalists promoted self-censorship and the lack of successful judicial investigations prevented adjudication and accountability. Governmental spending on publicity was high and on the rise and it was used to pressure, punish or reward the media for its reporting style and lines. Mr. La Rue commended recent decriminalisation of expression-related offences and urged the Government of Mexico to work on a judicial framework for community broadcasting accessible to indigenous groups and on an independent body to regulate radio and television broadcasting. Mr. La Rue noted that restrictions to freedom of opinion remained in place in Algeria, including defamation’s status as a criminal offense, and the increased security environments for the exercise of journalism, amidst challenges and legal intimidation. The existing legal framework regulating the right to freedom of peaceful assembly was restrictive and infringed upon the right to freedom of expression. Mr. La Rue reiterated his proposal to the Government of Hungary to uphold broad public consultations on media legislation adopted in December last year and to implement recommendations made by the European human rights bodies and the Universal Periodic Review. He concluded by hoping that his requests to visit the Bolivarian Republic of Venezuela, Italy, Iran, Sri Lanka, Tunisia and Uganda would be responded to positively by the Governments concerned.

RASHIDA MANJOO, Special Rapporteur on violence against women, its causes and consequences, was pleased to report that she had prepared a thematic report on the multiple and intersecting forms of discrimination and violence against women. The report analyzed the forms, causes and consequences of multiple forms of discrimination as regarded violence against women. The Special Rapporteur highlighted the reality of the many forms of discrimination against women and argued that the intersections between gender-based discrimination and other forms of discrimination were too often overlooked. The problematic nature of human rights discourse regarding violence had led to the marginalization and invisibility of violence perpetrated against women. The report proposed a holistic approach that required addressing systematic discrimination and marginalization and the adoption of measures that addressed both inter-gender and intra-gender inequality and discrimination. Violence violated the equality and non-discrimination rights of women and girls in ways that were contingent on women’s material conditions, individual attributes and social locations.

The Special Rapporteur presented an overview of findings from country missions. The Special Rapporteur said El Salvador had shown an intention to fulfill its due diligence obligations in regard to gender equality and violence against women, as reflected in significant developments in legislative, institutional and policy frameworks. However, the failure of the authorities to investigate, prosecute and punish those responsible for gender-based violence had contributed to an environment of impunity. In Algeria, the Special Rapporteur recognized the complexity of addressing sensitive historical, sociological and environmental issues related to a painful past. Recent legal, institutional and policy developments reflected the State’s acknowledgement of the reality of violence against women, although Algeria had not been able to remove all obstacles to respecting the rights of women.

While the Government of Zambia had secured a number of important legal and institutional achievements, the Special Rapporteur expressed the need for legislative and constitutional reforms to be accompanied by financial and capacity-building plans. The persistence of negative customary and religious practices continued to exacerbate discrimination against women. The objective of the Special Rapporteur’s visit to the United States was to examine the situation of violence against women broadly, including issues such as violence in custodial settings, domestic violence, violence against women in the military and violence against Native Americans, immigrants and African-American women. While there had been positive legislative and policy initiatives and high levels of interagency coordination, the lack of substantive protective legislation and the inadequate implementation of some laws, policies and programmes had resulted in the continued prevalence of violence against women.

The Special Rapporteur expressed deep concern about the serious violations of human rights of women and girls by both State and non-State actors in the Democratic Republic of the Congo and joined peers in reiterating a call to the Human Rights Council to consider the creation of a Special Procedures country-specific mandate. The Special Rapporteur reported on the first ever Central American and Caribbean Regional Consultation in which a main concern was the alarming rise in the number of femicides or extremely violent murders of girls and women. Despite the global focus on violence against women, the reality on the ground showed that violence against women remained the most pervasive human rights violation and existed, whether in times of peace, conflict or post-conflict.

Statements by Concerned Countries

SALVADOR TINAJERO ESQUIVEL (Mexico), speaking as a concerned country, said that Mexico was working to continue to guarantee that all citizens had access to information and were able to share their opinions without fear. Mexico listed some of the measures that it had taken to protect the freedom of opinion and expression. Mexico noted the adoption just days before of a constitutional reform process that changed 11 articles of the constitution in order to foster a culture of human rights in Mexico. This ensured that the Mexican legal system was in line with international standards. In order to strengthen protection for journalists, Mexico had developed a consultative committee. Among other groups the committee included different federal and national committees on human rights, the High Commission for Human Rights and three representatives of journalists. Mexico had a modern media framework that gave permits for transmitting without discrimination. There was a decentralized body that had exclusive rights to regulate the media and ensure that all sections of the population had access to the media.

PARK SANG-KI (Republic of Korea), speaking as a concerned country, expressed the commitment of the Republic of Korea to the protection and promotion of the right to freedom of opinion and expression. The Republic of Korea recognised the value of freedom of expression as a fundamental human right and cornerstone of democracy, and noted that, along with the rights to freedom of thought, conscience and religion, peaceful assembly and freedom of the press, these were guaranteed by the constitution. The report of the Special Rapporteur lacked a comprehensive and balanced assessment, provided an incomplete and biased evaluation of the status of freedom of expression and led to a misperception of the status of freedom of expression in the country. The Republic of Korea endeavoured to preserve the Internet as an open yet reliable space for all by ensuring the free exchange of ideas; addressed negative aspects, such as web-based slander and defamation, while guaranteeing freedom of speech; and fostered a sound Internet culture, through Internet literacy, a sense of responsibility among users and bolstering voluntary regulation by users and intermediaries. The Republic of Korea indicated that the Special Rapporteur met with senior officials during his visit and regretted that he expressed dissatisfaction at not having met with the President or Prime Minister.

IDRISS JAZAIRY (Algeria), speaking as a concerned country, said that the visit by the Special Rapporteur on violence against women, its causes and consequences to Algeria was part of the invitation of the Minister of Foreign Affairs of Algeria made in March 2010 to seven Special Procedures, which was a reflection of Algeria’s commitment to work and cooperation with the Human Rights Council and to promote and protect human rights. Algeria was actively involved in combating this reprehensible form of violence. A reform process had been launched with the aim of deepening democratic practises and the rule of law. A high-level body had been working on collecting the views of political parties and civil society on reform and constitutional revision, including a large number of women. Algeria welcomed the approach of the Special Rapporteur of taking into account in her report the specificities of the socio-economic situation of Algeria. Concerning this report, Algeria wished to provide some clarifications, including on terrorism with which Algeria was plagued but it actually seemed to have escaped the attention of the Special Rapporteur. On attacks on single women and the way the authorities had handled them, Algeria said that many perpetrators of those attacks had been prosecuted and were sentenced to time in prison. The report also mentioned a low level of availability of forensic doctors who were reluctant to issue certificates of beating, but this was not true; many hospitals had full-time forensic doctors. The system in Algeria was such that patients first needed to be seen by generalist and emergency services, and then by forensic doctors who would issue such certificates. Polygamy was practically non existent in Algeria. Both men and women must explain the reason for divorce. Women had access to all forms of ownership either through a will or through purchasing contracts, while inheritance was governed by Sharia laws. In promoting equal opportunities Algeria had developed an action plan in the economic sector, with particular attention to employment and entrepreneurship.

MARK J. CASSAYRE (United States), speaking as a concerned country, noted that domestically since the passing of the Violence Against Women Act, the annual incidence of violence against women had declined by more than 50 per cent. The United States noted that in June 2009, President Obama appointed the first ever White House Advisor on Violence against Women. Internationally, the United States worked with countries across a range of issues, including efforts to combat sexual violence, assist women living with HIV/AIDS, and reverse women’s lack of empowerment and participation in political and decision making. The United States engaged a variety of actors to support its efforts, including men and boys, civil society, religious leaders, and media representatives. The United States also supported the work of the Special Rapporteur of the Secretary-General of the United Nations on Sexual Violence in Conflict, as well as the UN Women Executive Director Michelle Bachelet, who had placed a welcome emphasis on combating violence against women.

DARLINGTON MWAPE (Zambia), speaking as a concerned country, noted the references to alleged human rights violations in the report of the Special Rapporteur on violence against women and indicated that Zambia intended to follow-up on these cases and recommendations. The Anti-Gender Based Violence Bill and the Penal Code Amendment Bill referred to in the report received presidential approval on 12 May 2011. Concerning the issue of negative mourning rites, such as “sexual cleansing”, a number of educational and sensibilisation programmes were being implemented in conjunction with traditional leaders in order to reduce incidents. Although marrying a child under customary law was not unlawful, the practice was actively discouraged though education and sensitisation programmes. This practice had remained for a long period of time and would take some years to be reversed. In Zambia, all serious criminal offences relating to women and girls were referred to the High Court with no exception and the 2011 Anti-Gender Based Violence Bill included provisions to address the possibility of intimidation of witnesses and victims by offenders freed under bail.

Interactive Dialogue on Freedom of Opinion and Expression and on Violence against Women

VICENTE ZERAN (Chile) said concerning the report by the Special Rapporteur on freedom of opinion and expression, the focus of the report was of a special concern to Chile since the new technologies were essential in promoting citizens’ demand for greater freedom and democracy. The Internet, as opposed to other communication technologies was interactive and allowed for expression in many countries where other channels of expression did not exist. In his report, the Special Rapporteur had noted as a good example a law of Chile concerning copyright on the Internet. On the report by the Special Rapporteur on violence against women, its causes and consequences, and the need to have a holistic approach to discrimination and violence against women, Chile agreed that violence against women must be understood as a continuum and that it existed because it could. It was therefore important to protect women from discrimination and exploitation. In Chile, family violence was addressed by a national programme, while family courts provided legal recourse to women victims of family violence. On 10 June Chile would be holding a panel on violence against women seeking to understand its multiple dimensions.

TIAN NI (China) noted that the report of the Special Rapporteur on freedom of opinion and expression made extensive reference to unsubstantiated reports regarding freedom of expression. A basis of equality and mutual respect must be the background to conduct constructive dialogue with countries. Chinese citizens under the law had the right to free speech, including the right to criticize and to complain. The Chinese Government paid attention to citizens’ rights to freedom of expression. The Government protected citizens’ freedom of speech on the Internet and the Chinese Internet was open. There were 404 million “netizens” on the Internet. Chinese people expressed their opinions quite often and frequently on the Internet. Regarding domestic violence against women, China noted that the Special Rapporteur’s report made a comprehensive analysis of various forms and root causes of violence against women. The recommendations of the Special Rapporteur warranted serious study. Chinese law protected the rights of women and prohibited violence against women. Courts at various levels were working on the fight against domestic violence. Pilot projects were carried out at 72 local courts on domestic violence. China said that 21 provinces had established domestic violence injury and harassment centers. Also, over 90 cities had introduced relevant policy documents.

OSITADINMA ANAEDU (Nigeria), speaking on behalf of the African Group, welcomed the report of the Special Rapporteur on freedom of opinion and expression. The report explored key issues concerning the rights and challenges of individuals to access, communicate and receive information through the Internet. While everyone should have free access to the Internet, its use should respect applicable international human rights norms and standards and avoid detriment to the reputation of other individuals or security concerns. While the relevance of the Internet could not be discounted, the African Group noted with concern the apparent cultural domination of its content by some regions and asked whether this posed a threat to the culture of others. Concerning the report of the Special Rapporteur on violence against women, the African Group indicated that violence remained regardless of existing norms and instruments and that a holistic approach was necessary to achieve progress.

ALVARO ENRIQUE AYALA MELENDEZ (Colombia) said that Colombia shared the conclusions of the report by the Special Rapporteur on violence against women, its causes and consequences of the need to see holistically this phenomenon and to understand that one size could not fit all. After bringing forward internal processes on making victims of violence more visible, Colombia had now started processes of reparation and guarantee of never again to the victims. The law stated that in each of the public bodies that provided care to the victims there had to be people trained in assisting and counselling victims of violence and in this context training was in fact stressed. With this new victims’ law and the training manual, Colombia hoped to have the tools to orient the cases, and break the fear of victims to claim abuse and to obtain effective remedy.

JOELLE HIVONNET (European Union) said the European Union agreed that restrictions to the free flow of information on the Internet must be in accordance with international law and in accordance with article 27 of the Universal Declaration on Human Rights. The European Union called on all States to aim for universal access to the Internet. The European Union noted however that access did not only mean access to technology but also access to the Internet that was open and free. Regarding human rights protection, there should be skepticism on further restrictions on the Internet. Decisions on internet policy and governance must be consistent with international human right law. The European Union asked how the Special Rapporteur intended to proceed on the issue of protecting human rights and Internet restrictions. The European Union reiterated its aims at prevention of violence against women, protection for and support of victims and prosecution of the perpetrators of such violence. The European Union also noted the newly established Council of Europe Convention on combating violence against women. The European Union requested elaboration on the statement by the Special Rapporteur that “violence against women happens because it can”. The European Union also requested elaboration on the Human Rights Council’s work with other agencies in the UN system.

N. ZHYLEVICH (Belarus) said that the analysis of the Special Rapporteur on freedom of expression had convinced Belarus of the non-independence and non-balanced approach of the Special Rapporteur when assessing the approach to freedom of expression in countries. Mr. La Rue had said nothing when the European Union prohibited the entry into its territory of a number of Belarus journalists. The Special Rapporteur systematically went beyond his mandate and reported to the Human Rights Council on issues beyond his competence. Belarus regularly provided the Special Rapporteur with requested information and therefore the statistics he provided in his reports were highly inaccurate. Belarus had repeatedly come up against a situation when the Special Procedures had not been able to explain why communications sent by a State had not reached a mandate-holder. Belarus expected the Office of the High Commissioner for Human Rights to explain the reason for a failure to react and Belarus did not preclude taking this case further in legal terms. Belarus also requested why there was not translation in English of the Government’s reply to a request by Mr. La Rue of December 2010. In conclusion, Belarus recommended that Mr. La Rue pay more attention to sources of his information and to the quality of his reports.

FRANKLIN RODRIGUES HOYER (Brazil) said that concerning minority rights, the report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression coincided with Brazil’s view that freedom of expression on the Internet and access to the Internet went hand-in-hand. Brazil had procedures and rules in place in relation to these issues in full compliance with human rights. Brazil had launched the “Computer for all” project which provided special Internet access points to improve the access of marginalized groups to the Internet, and aimed to ensure that more than 40 million people across Brazil had full access to the Internet by 2014. With regards to the report by the Special Rapporteur on violence against women, its causes and consequences, Brazil recognized that empowering women was explicitly recognized as an important element in implementing policies to combat violence against women. Understanding historical and structural causes were also important. Poverty eradication was a main priority of the President of Brazil, who saw poverty as coloured by gender and race, making the improvement of the rights of women an important aspect in poverty alleviation. Apart from the application of relevant laws, the right to education, treating women victims of violence and economic autonomy were also important in alleviating poverty and improving the rights of women.

OSAMU SAKASHITA (Japan) noted in accordance with the report of the Special Rapporteur that the Internet had vastly expanded opportunities for individuals to enjoy their right to freedom of opinion and expression. Arbitrary or indiscriminate restrictions on the Internet were not consistent with international norms on freedom of expression. Japan believed that the three part cumulative test suggested in the Special Rapporteur’s report in order to eliminate restrictions on the freedom of expression was a useful tool. Japan asked whether the Special Rapporteur had any other policy and legislative recommendations in this area.

MAJDA MOUTCHOU (Morocco) said that the Internet had become the most potent way of freedom of expression of individuals in the twenty-first century and had played an important role in the building of democratic societies. The recent examples from the world had demonstrated the power of social networks and online communications. The Special Rapporteur on freedom of expression had emphasised the need to include digital literacy into the primary school curricula and Morocco agreed with this recommendation. Concerning the report by the Special Rapporteur on violence against women, its causes and consequences, Morocco said that the question of violence against women was one of the most important issues of our times. Morocco supported the approach to view this issue in a holistic manner and to see it as a continuum from discrimination and inequalities.

FRANCOIS ROUX (Belgium) said that the recent advances in the Arab world had shown the relevance of the concentration of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression on the Internet. Belgium was concerned about the collection of information of a private nature through the Internet by States and private users and asked what could be done in this regard. Concerning the report by the Special Rapporteur on violence against women, its causes and consequences, Belgium agreed that violence against women could not be addressed without also considering women’s health, extreme violence against women and other issues, and agreed that States needed to take a holistic approach to the issue. Belgium believed that UN Women should also take on this holistic approach. Belgium was concerned about the persistent and wide scale violence against women in the Democratic Republic of the Congo, as underlined by the Special Rapporteur, and hoped to work with the Special Rapporteur to eliminate this scourge.

YUSNIER ROMERO PUENTES (Cuba) said that the Internet was an important tool for promoting the development of any society. Cuba noted however that the web was not without dangers, as with one click a child may discover how to make a bomb or have access to pornography. Cuba noted however that a marked difference was seen in access to technology and the Internet between developed and developing countries. The Internet was reached by only 18 per cent of the world population. Cuba had made many strides in Internet access despite the United States economic blockade. As a result it had given priority of accessing the Internet in an organized fashion to hospitals, universities, etc. Non-governmental organizations and international agencies had praised this approach. The United States also prevented Cuba from importing directly computers made by the major world producers. This resulted in Cuba paying three times as much for a computer because of transportation costs. The blocking of access to technology was also hard because the United States also had the majority of Internet servers on its territory. Cuba did not have access to main servers. As a result it had high access costs. The United States was using the Internet as an instrument to destabilize Cuba.

MARC GIACOMINI (France) said that the subject of the Internet and freedom of expression in the report of the Special Rapporteur was justified by world events. Thanks to the Internet, it was no longer possible to silence dissidents and the entire world now saw repression against peaceful demonstrations through images and blogs on the Internet. Because the Internet had become such as integral part of societies today, France had made it an agenda item of the G8 Summit in Deauville, where a consensus had emerged on a number of fundamental principles such as liberty, the right to privacy, cyber security, protection against crime and others. Countries must give the same protection to these rights on the Internet as elsewhere, and also protect vulnerable groups, in particular children and victims of exploitation. France thanked the Special Rapporteur on violence against women, its causes and consequences for her high-quality report on the many forms of discrimination suffered by women, including the violence women suffered based on gender identity and sexual orientation. France asked the Special Rapporteur what the States and the Council could do to further combat this scourge.

MUHAMMAD SAEED SARWAR (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said the report by the Special Rapporteur on violence against women, its causes and consequences made an important point in emphasizing the use of a holistic approach to the issue. The Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression concentrated on freedom of expression on the Internet. The Organization of the Islamic Conference agreed that it was an important issue that boasted of the progress of humankind as a whole, but asked whether there was any substantive evidence to back up the sweeping conclusions made in the report. Technology had no inherent logic; its use depended on circumstances, not the technology itself. The Organization of the Islamic Conference was concerned about the homogenization of culture imposed by the use of the Internet. For example, English was the predominant language used. The views and values of elites were disproportionally represented on the Internet and the Organization of the Islamic Conference asked the Special Rapporteur to address this issue.

ELENA FERNANDEZ (Spain) said that combating violence was a priority for the Spanish Government. Spain shared the Special Rapporteur’s concern that despite awareness and policies gender violence against women still continued in many countries. Spain was aware that discriminatory practices against women continued to occur in many countries and that deaths from domestic violence still continued to occur. All women were at risk of suffering gender violence. There was a close relationship between women’s social status to violence and multiple forms of discrimination. Spain had adopted policy approaches that took into consideration race, social, economic and cultural status in dealing with violence against women. Spain ask the Special Rapporteur to suggest measures that would be most effective in dealing with gender based violence, taking into consideration race, social, economic and cultural status. Spain asked the Special Rapporteur to share specific policy examples in this area.

IVANA KASAROVA (Slovakia) said Slovakia fully concurred with the Special Rapporteur on freedom of opinion and expression that ensuring universal and unhindered access to the Internet should be accorded a priority by all States. The report came at the right time when the world witnessed not only the advancement on the Internet technology, but also a sophistication of tools to restrict its content or to monitor activities of its users. The trend of disconnecting the Internet during major political events in some countries was worrisome and Slovakia was particularly alarmed by increasing criminalisation of individuals for their opinions expressed on the Internet, their intimidation, detention and arbitrary arrests. Slovakia sought the opinion of the Special Rapporteur on possible future development of countries-oriented freedom benchmarks. On the report presented by the Special Rapporteur on violence against women, Slovakia said it had just recently re-confirmed its unconditional commitment to protect women from violence and fight this phenomenon and on 11 May it had been one of 13 countries that signed the groundbreaking Council of Europe Convention on preventing and combating violence against women and domestic violence. Slovakia wished to know if the Special Rapporteur would be paying more attention to the issue of intra-gender discrimination in her work and what concrete actions would help to fill the gap in this particular area.

CARLOS SIBILLE (Peru) said that freedom of expression and access to information through diverse media, inter alia the Internet, constituted one of the essential pillars of democratic societies, and a fundamental condition for progress and personal development in enjoying human rights. Peru shared the concern expressed by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression about the tendency in some countries to impose restrictions on the right to freedom of expression on the Internet, contrary to obligations in human rights law. This action should be the exception to the rule and kept to a minimum. The Internet was an essential medium through which individuals could express their freedom to expression and should be assured to the most extent possible by States. Peru urged States to comply with transfer of technology commitments as recommended in the pursuit of the Millennium Development Goals. With regards to the report of the Special Rapporteur on violence against women, its causes and consequences, Peru agreed that a one-size-fits-all approach was not sufficient and it was important to develop a multifaceted approach, including the consideration of inequality between women and men, and between different groups of women. Peru asked the Special Rapporteur how United Nations institutions and mechanisms, especially UN Women, could contribute to the diffusion and use of this holistic approach.

LUCY RICHARDSON (New Zealand) noted that the mandate of the Special Rapporteur on the right to freedom of opinion and expression was an important one and that New Zealand considered that the discussion of the use of the Internet as a means to exercise the right to freedom of expression was timely. New Zealand agreed that the right to freedom of expression could act as an enabler for other rights, and thus that the Internet could act as a catalyst to empower individuals to enjoy other rights, such as the rights to education, to take part in cultural life, to benefit from scientific progress and rights to freedom of association and assembly. New Zealand was grateful that the Special Rapporteur had highlighted the difficulties in accessing the Internet faced by certain individuals and groups of individuals, such as persons with disabilities. New Zealand had on many occasions in the Council noted the issue of accessibility, including to Internet resources, for persons with disabilities. In a context of unprecedented Internet use where new technologies were constantly re-shaping the way people communicated, many States were grappling to find the right balance between human rights of Internet users and the rights of intellectual property and copyright holders.

MOUHAMADOU LAMINE THIAW (Senegal) said Senegal appreciated the highlight in the report of the Special Rapporteur on freedom of opinion and expression of the dual issue of access to the Internet, both in terms of connectivity and access to computers. Senegal had conducted advocacy to overcome the digital divide and said that freedom of expression must have as it basis Article 19 of the Covenant, but that this Article must be respected within its restrictions, founded on the international law and taking into account national realities. Senegal regretted that the report had not given much attention to the analysis of the communications law in the framework of fight against terrorism. Senegal congratulated the Special Rapporteur on violence against women, its causes and consequences on her report that provided an overview of violence and injustice suffered by women. Given that the root causes of this violence were multifaceted, it was hard to come to an effective remedy and that was why holistic approach was the one to adopt. Response to violence against women in a holistic manner required strong political will at the national level, concluded Senegal.

SALLY DAWKINS (Australia) welcomed the consideration of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression of the special role that the Internet played in exercising the right to freedom of expression. Australia agreed it was important to make the Internet widely available, accessible and affordable to all segments of the population and was progressing an important national infrastructure project to deliver high-speed broadband to all Australians. Australia thanked the Special Rapporteur on violence against women, its causes and consequences for the important work to end discrimination and violence against women and agreed that a holistic approach was needed. Australia had a zero tolerance policy for violence against women and was committed to reducing all forms of violence against women in Australia. Australia had launched a national plan to coordinate government efforts to combat violence against women, which intended to reduce violence against all women and included specific action for women with disabilities and aboriginal women.

CHRISTIAN STROHAL (Austria) commended the Special Rapporteur on freedom of opinion and expression for his clear analysis of the right to freedom of expression on the Internet. Austria agreed that any limitation to the right to free expression must pass the cumulative litmus test restated in the report of the Special Rapporteur, in that restrictions must be predictable, transparent, legitimate, necessary and proportionate. Austria called on all States to abide by these principles. Austria attached great importance to the protection of journalists from human rights violations. In the Special Rapporteur’s last report a number of recommendations were given to States on how to end impunity against violations of journalists’ rights. Austria asked whether there was any best practice regarding such mechanisms for the protection of online journalists in particular. Austria noted that it shared the assessment of the Special Rapporteur on violence against women that to effectively address violence against women a holistic approach at the international and regional levels with multifaceted strategies was needed. Austria stressed the importance of the work done by non-state actors and civil society, including non-governmental organizations to identify all forms of violence against women.

LJUBICA PERIC (Bosnia and Herzegovina) said that Bosnia and Herzegovina had been facing the problems of violence against women and common causes leading to it, including unemployment, inadequate living conditions, financial insecurity and others. A traditional society built on strong patriarchal relationship between men and women made violence a way of behaviour while women victims of violence did not enjoy the support of society. It was very hard to determine the extent of the problem due to its hidden nature and lack of statistics. The Law on Gender Equality prohibited gender-based violence and imposed on all competent authorities the duty to take appropriate measures to eliminate and prevent it in the public and private sphere and to protect assist and compensate victims.

ALISON LECLAIRE CHRISTIE (Canada) acknowledged the importance of the visit requests of the Special Rapporteur on violence against women, its causes and consequences and encouraged all States to welcome the Special Rapporteur. While international norms and standards were in place, the epidemic of violence against women continued and required honest reflection, rigorous analysis, and innovative and comprehensive policies and programmes on the ground. The emphasis of the Special Rapporteur on adopting a holistic approach was crucial. Canada asked for examples of innovative approaches that broke down the silo approach to violence against women and thereby achieved greater success. Canada expressed concerns about the increased restrictions on the use of the Internet by sophisticated technologies that filtered or blocked content, and monitored and identified activities and critics. Canada asked the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression to elaborate on measures that States could take to respect online expression and support them in this regard. Canada inquired whether the Special Rapporteur had observed any positive trends or best practices on the issues addressed in the report.
CARLOS RAMIRO MARTINEZ ALVARADO (Guatemala), concerning the report of the Special Rapporteur on freedom of opinion and expression, said that the Internet reduced obstacles for communication. It had become a key tool for the enjoyment of freedom of opinion and expression, given that it provided a safe space for communication among individuals; but also ensured respect for other rights such as the right to education, work, freedom of assembly and other civic and political rights. Guatemala agreed with the view of the Special Rapporteur that freedom of expression must be applied to the Internet in the same way as other media; that any restrictions must comply with international norms and standards, for example in the case of child pornography; and that States should hold offenders accountable rather than implement blocking measures. Guatemala welcomed the joint declaration issued by the special rapporteurs of the United Nations, the Americas, Africa and Europe on 1 June 2011 and their recommendations, in particular, those concerning the need to secure universal access for marginalised groups and those living in rural areas.

IDRISS JAZAIRY (Algeria) said that the assessment of the situation in Algeria made by the Special Rapporteur on freedom of opinion and expression must be updated given the recent changes in the country. The advantages of information and communications technologies were clear, from supporting knowledge and education, to strengthening of freedom of expression and becoming a tool of democracy. States had the responsibility to protect the population from cyber crime, as the Council of Europe had done. National legislations must be strengthened by international legislation, but there was a lacuna there that Human Rights Council needed to help fill. Another priority must be given to reducing the digital divide, both between countries and regions and in terms of languages used.

GRAHAM CLOUGH (United Kingdom) highlighted that many forms of violence and discrimination continued to affect women in every country across the world. The eradication of all forms, causes and consequences of violence and discrimination against women and girls was a priority. The United Kingdom supported the general thrust of the conclusions and recommendations of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. The United Kingdom agreed with the Special Rapporteur that the current use of the Internet had been unprecedented and was one of the most powerful instruments of the twenty-first century to support the building of democratic societies. Governments needed to respond to legitimate aspirations with reform not repression. The United Kingdom therefore welcomed the recommendations that other Special Procedures mandate-holders be encouraged to engage on the issue of the Internet with respect to their particular mandates. The United Kingdom welcomed the Special Rapporteur’s views on how States could work with the private sector to ensure that this continued. States should only interfere in exceptional situations, only if in appropriate proportion, in accordance with international legal obligations. The United Kingdom expressed concern about restrictions of access to media in Iran and the lack of freedom of expression in Belarus and Syria.

IRUTHISHAM ADAM (Maldives) welcomed the report of the Special Rapporteur on freedom of opinion and expression. The Internet presented Governments with new and unprecedented challenges, and at the same time it facilitated the expression of demands of the oppressed, upholding freedom of expression and encouraging participation in public debates on economic and social issues. The Internet also contributed to education and productivity of societies. Concerning the report of the Special Rapporteur on violence against women, the Maldives underlined its contribution to explaining the role played by social practices and norms in instances of violence against women. In the Maldives, where attitudes towards domestic violence were often regarded as a private matter, the Government had implemented legislation to address issues previously regarded as taboo, criminalised violence against women and further protected the rights of women in general; and reiterated its invitation to the Special Rapporteur to visit the Maldives in support of this agenda.

KONRAD SCHARINGER (Germany) said that the report of the Special Rapporteur on freedom of opinion and expression provided an important step toward achieving the normative framework needed to support Internet freedom internationally. Freedom of expression meant an open space not only for the media but for whole societies. The fight for media freedom, the risks that journalists took to inform the public and the use of new technologies all provided particular challenges and even in the open societies there was a need to remain vigilant that undue limits were not placed on freedom of expression. Germany fully supported the conclusion of the Special Rapporteur that the Internet as a medium by which freedom of expression could be exercised, could only serve its purpose if States assumed their commitment to develop effective policies to attain universal access to the Internet. Without concrete policies and plan of action, the Internet would become a technological tool accessible only to elites while perpetuating the digital divide.

DESRA PERCAYA (Indonesia), speaking on behalf of the Association of the Southeast Asian Nations (ASEAN), said no country in the world was immune from actions of violence against women, including the ASEAN region and this made the prevention of violence against women a priority. ASEAN reaffirmed its commitment to producing timely and appropriate gender-segregated information. ASEAN had published thematic regional reports on advancement of women and had ratified international conventions and declarations to reaffirm a commitment to adopt an integrated and holistic approach to eliminate violence against women. Intergovernmental commissions and work plans worked to raise awareness among women and promote the well-being, development, empowerment and participation of women. Indonesia reiterated ASEAN’s commitment to promoting and protecting the rights of women.

BARBARA FONTANA (Switzerland) said that the existence of free media capable of reflecting a plurality of views was necessary for the exercise of democracy. The media contributed to the diffusion of plurality of opinion and the promotion of democracy. Switzerland endorsed the view of the Special Rapporteur that freedom of expression was a prerequisite to the enjoyment of other rights, including economic, social and cultural rights. Switzerland noted with concern the repression with which peaceful demands for reform and change had been met. The Internet was a major tool in providing for the freedom of expression and an instrument for transmitting information, including timely denunciation of human rights violations. Switzerland expressed concern with the fact that bloggers had been arrested and asked the Special Rapporteur what measures could be taken to promote self regulatory mechanisms on the Internet.

ANNA MORAWIEC MANSFIELD (United States) said the United States appreciated the focus of the Special Rapporteur on freedom of opinion and expression on access to electronic communications and freedom of expression on the Internet, the importance of which was brought about by the dramatic events in North Africa and the Middle East. The United States did not believe that there should be limitations on hate speech generally, unless it constituted incitement to imminent violence, and supported the concept that there should be as little restriction as possible on the flow of information via the internet. The United States strongly condemned the brutal methods used by some Governments to silence dissent and urged Member States to remove domestic legal provisions that improperly criminalized or limited the freedom of expression. The United States appreciated the report by Ms. Manjoo and urged Member States to tackle the problem of violence against women in multiple ways, from empowering civil society to adopting non-discrimination legislation to vigorously investigating and prosecuting cases of violence against women. In conclusion, the United States asked the Special Rapporteur on violence against women which recommendations she had for how the Human Rights Council could coordinate its work with that of United Nations Women.

PATRICIO SILVA (Uruguay) said the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression had emphasized, very rightly, that access to the Internet and freedom of expression were important in the fulfillment of human rights. It was an ongoing source of pride that the Special Rapporteur mentioned the programmes of Uruguay in the report. The “one laptop per child” project was an opportunity to improve access to information and contributed to enhanced learning for children and their families. This had been shown as useful for improving access to information about health. Uruguay had managed to implement its plan for universal education in under three years and was looking to expand the “one laptop per child” to secondary schools. Uruguay shared the concerns expressed in the report by the Special Rapporteur on violence against women, its causes and consequences. Violence against women was a true national emergency in Uruguay and national policies had been implemented to combat violence against women. However, there were still problems and thus Uruguay was working to prevent violence against women and promote the rights of women.

ALEKSANDRA WOJTYLAK (Poland) said that the Internet was a powerful tool for communication and the diffusion of information and ideas and helped improve citizen participation and democratisation. Poland stressed that any restrictions imposed by Governments should meet international human rights norms and expressed its concern regarding the abusive use of data of Internet users. In this regard, Poland ask the Special Rapporteur what measures should to be taken to ensure compliance with international obligations to protect citizens’ right to privacy in the context of their enjoyment of freedom of expression. Poland expressed its commitment to the promotion and protection of the rights of women. It had constantly worked on the eradication of all types of violence and noted the need for a holistic approach in addressing this issue. Poland asked the Special Rapporteur on the rights of women how countries could implement the report’s findings with consideration for regional aspects. Recognising that violence against women was closely related to inequality and discrimination and other violations to human rights, Poland asked what type of cooperation with mandate holders and relevant bodies, such as United Nations Women, could be beneficial.

MARIO VEGA HERNANDEZ (Costa Rica) said that tackling violence against women must be done in a cross-cutting way and must be based on international instruments. Costa Rica asked the Special Rapporteur on violence against women in what way her proposal for a holistic approach to the problem was different from the approaches used until today. On the report by the Special Rapporteur on freedom of opinion and expression, Costa Rica said that responsible use of new information and communications technologies, including the Internet, was already incorporated in the practice of freedom of expression in the same way as other communication ways. Costa Rica wished to hear more about the inter-relationship between this right and other rights.

EKSIRI PINTARUCHI (Thailand) concurred with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression that the Internet had become one of the most enabling mediums by which freedom of opinion and expression could be exercised and facilitated people’s participation in building democratic societies. Thailand stated that the dilemma facing many countries was how to preserve these fundamental freedoms by preventing them from being hijacked by irresponsible elements and how to maintain the fragile balance between the imperative of the rule of law and the necessity to ensure people’s right to freedom of opinion and expression. Thailand associated itself with the statement made by the Association of Southeast Asian Nations. With regards to the report of the Special Rapporteur on violence against women, its causes and consequences, Thailand acknowledged that various factors ranging from socio-economic to political and cultural inequalities led to multiple forms of discrimination and violence against women. A multi-dimension approach should be taken in this regard. Thailand believed that equal access to quality of education and international cooperation could contribute to the prevention of violence against women. Thailand inquired how UN systems and bodies, including UN Women, could work in tandem to provide technical cooperation that suited the specific needs of States.

PATRICK RUMLAR (Czech Republic) said that the Internet enabled the exercise of the freedom of opinion and expression as part of a range of other human rights. The existing framework of international human rights law remained relevant and applicable to new communication technologies. The Czech Republic lamented the implementation of restrictions and censorship on content without a legal basis or on the basis of broad and ambiguous laws and encouraged States to favourably receive visit requests from the Special Rapporteur. The Czech Republic was concerned about cases of criminalisation of legitimate online expression and the imprisonment of bloggers, and supported the call of the Special Rapporteur to decriminalise defamation. The Czech Republic asked the Special Rapporteur what were the most viable options for international actions to ensure Internet freedom and openness, including the possibilities for international legislation concerning the specific nature of the Internet.

FARAMARZ HEJAZI (Iran) said that despite efforts made and norms set to eliminate violence against women this phenomenon continued to loom large for some communities. The usage of certain terminology and points of view as contained in the report, including the use of such terms as sexual orientation, despite the fact that there was no unanimity or agreement over them, was not acceptable to Iran. Iran fully expected the Special Rapporteur on violence against women to pay more attention and concentrate more on the thematic dimension of violence against women in situations of conflict, foreign occupation or military intervention. Religious beliefs that corresponded to divine books served to protect and elevate the dignity and status of women and deference for unique characteristic of different countries must be dully incorporated in the future reports of the Special Rapporteur. On the report by the Special Rapporteur on freedom of expression, Iran said that it was deplorable that negative stereotyping of Islam and its followers in the media by some politicians, right-wing political parties and other extremists occurred daily in some Western countries and Iran urged the Special Rapporteur to study the negative impact that the misuse of freedom of expression had brought on Muslim communities and respect for Islam.

IMAD ZUHAIRI (Palestine), speaking on behalf of the Arab Group, stressed that the Arab Group was aware that there was a need to combat violence against women. Arab States had made significant progress in terms of complying with international standards to promote women’s rights. It was important to protect women from violence to assure all elements necessary for development. With regards to the report by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, freedom of expression was inherent to the dignity of people. A violation of the freedom of expression was a violation of human dignity.

MOHAMED HATEM ELATAWY (Egypt) said that freedom of expression was essential to create an enabling environment for democracy and public participation in decision making. While there should be as little restriction as possible, Egypt lamented the lack of attention paid to the increasing misuse of expression to propagate negative racial and religious stereotypes and incite hatred. Concerning the report of the Special Rapporteur on violence against women, Egypt concurred with the need of a holistic approach but objected to the synonymous use of discrimination and violence; the emphasis on negative roles played by the family and community; and the promotion of individualism in her report. Recognition should be granted to the positive role of collective support systems to protect women and girls against violence, including religious values that respected the rights of women and recognised their role in society. Egypt noted with concern the tendency to mainstream categories of vulnerable groups beyond the provisions of international human rights law and the importance of further evidence-based inquiries.

OTHMAN HASHIM (Malaysia) said that Malaysia had in place a legal and institutional framework aimed at promoting the use of the Internet, which had been strengthened by the Personal Data Protection Act in 2010. Malaysia had a difficulty with the argument of the Special Rapporteur that the obligation of States to guarantee freedom of expression extended to the provision of enabling technical infrastructure and networks. Permissible restrictions on freedom of opinion and expression were provided for under international human rights law and such standards should inform the decision of State when regulating Internet content and access. Malaysia understood that violence against women was an issue with multidimensional causes and shared the view of the Special Rapporteur Ms. Manjoo that its elimination would be best achieved though a holistic approach. The Government was keenly aware that women and girls in precarious situations were more vulnerable to violence and had established a number of shelters catering to trafficked women and girls. In 2009 the Government had initiated the implementation of a National Plan of Action for the Advancement of Women which included combating violence against women.

JAN KNUTSSON (Sweden) welcomed the report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression which was grounded in broad consultations with stakeholders worldwide. There was a need to strengthen the human rights perspective in all issues relating to the Internet. The same rights people had offline should be also protected online. One key conclusion was that blocking and filtering of content should be avoided. Attempts to monitor behaviour and extensively censor content were not acceptable. The Special Rapporteur established important principles in the report, including that cutting off users from the Internet was never a proportionate sanction, and Governments should not hold intermediaries liable for content they transmitted or disseminated. Sweden asked what role the Human Rights Council could play in the protection and promotion of freedom of expression on the Internet. Sweden inquired whether Governments should pay particularly urgent attention to any particular aspect.

SUGEESHWARA GUNARATNA (Sri Lanka) said that the elimination of violence against women required holistic measures to address the broader issue of gender inequality and discrimination. As part of post-conflict rehabilitation programmes in Sri Lanka, female ex-combatants had been released and were reintegrated with their families. Sri Lanka had enacted the Prevention of Domestic Violence Act and endeavoured to improve its implementation through awareness and training programmes, as part of legal reforms aimed at strengthening substantive and procedural laws. The National Plan for the Protection and Promotion of Human Rights 2011-16, under consideration by the Cabinet of Ministers, contained a number of measures to reduce violence against women, among others, the revision of existing legislation, measures to strengthen the women and children’s police desk and to address instances of sexual harassment at work.


For use of information media; not an official record

HRC11/072E