HUMAN RIGHTS COUNCIL HOLDS GENERAL DEBATE ON THE PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS

The Human Rights Council this afternoon held a general debate under its agenda items 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 on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development.

Speaking in the general debate, speakers said that the rule of law, pluralistic democracy and good governance were the basic foundations for promoting and protecting human rights. Civil society provided a critical foundation for holding governments accountable, ensuring good governance and promoting human rights, including economic, social and cultural rights. States using the excuses of security, order, or stability as a justification to unduly restrict these rights did so at their peril. The right to life was one of the most fundamental of all human rights and the abolition of the death penalty was a priority for many Member States as it was incompatible with human dignity especially as there was no evidence that the death penalty was a deterrent to crime. An aging population was a phenomenon that the world would have to address in the middle term. There was concern about the wide range of intimidation against those cooperating with Special Procedures and those individuals were often at grave risk. In the struggle against terrorism, which essentially constituted a violation of human rights, synergistic work with partners was essential to ensure that aspects such as security and development were taken into account in counter-terrorism. The Universal Declaration on Human Rights and the international covenants recognized people’s right to self-determination, and the Human Rights Council should assess the application of this right to self-determination in the case of autonomous territory under administration by a foreign power. The Council’s work on maternal mortality was an example of a good practice as it undertook a cross-regional analysis to build consensus and showed that it was possible to find common ground on issues.

Speakers also emphasized the interconnectedness between maternal, newborn and child health as expressed in the Secretary-General’s Global Strategy on Women and Children’s Health. Equitable access to available, accessible, appropriate and good-quality health services was essential to achieving Millennium Development Goals four and five. There was concern for States that continued to deny indigenous peoples the right to use their own languages. Although the right to self-determination was part of agenda item 3 given its importance in both Covenants and as a norm of jus cogens, it should be addressed as a separate agenda item.

The following speakers addressed the Council in the general debate: Spain, the Russian Federation, Cuba, Norway, Switzerland, Costa Rica, Burkina Faso, Botswana, the United States, Indonesia, Canada, Algeria, Australia, Pakistan, the Holy See, Namibia, Egypt, New Zealand, Belarus, Argentina, Armenia, Sudan, Bolivia and a joint statement from the World Health Organization, the United Nations Population Fund and the United Nations Children’s Fund.

The following non-governmental organizations also took the floor: Presse Embleme Campagne, Save the Children International, Society for Threatened Peoples, International Humanist and Ethical Union, Work Environment and Resources Council, International Educational Development, Organisation pour la Communication en Afrique et de Promotion de la Cooperation Economique Internationale, United Towns Agency for North-South Cooperation, Tupac Amaru Indian Movement, Defense for Children International and Save the Children Alliance, International Human rights Association of American Minorities, International Islamic Federation of Student Organization, Agir Ensemble pour les Droits de l’Homme, International Association against Torture, United Nations Watch, Colombian Commission of Jurists, International Association for Democracy in Africa, International Service for Human Rights, International Institute for Peace, European Union of Public Relations, United Schools International, Canners International Permanent Committee, Agence Internationale pour le Development, Comite International pour le Respect et l’Applicatin de la Charte Africaine des Drotis de l’Homme et des Peuples, Mouvement contre le racisme et pour l’amitie entre les peuples, Incomindios, Indian Council of South America, Lawyers Rights Watch Canada, Federacion de Asociaciones de Defens y Promocion de los Derechos Humanos, France Libertes, World Muslim Congress and the Center for Human Rights, Peace and Advocacy.

China spoke in right of reply.

When the Council meets at 10 a.m. on Friday, 16 September, it will hold a panel discussion on the right to health of older persons.

General Debate on the Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, including the Right to Development

BORJA MONTESINO (Spain) said that Spain vigorously defended the principles underlying the international human rights system and that the rule of law, pluralistic democracy and good governance were the basic foundations for promoting and protecting human rights. Spain and Germany would, in this session of the Council, provide a fifth resolution on the topic on the right to access to clean drinking water and sanitation. Spain welcomed discussion of the topic on terrorism and human rights which encouraged nations to meet their obligations to victims of terrorism. The Government had prepared and submitted a white paper to the Spanish Parliament on the protection of victims of terrorism which would be retroactive back to 1960, providing restitution and other rights to victims of terrorism. Spain was in the process of introducing important amendments to its criminal trial law to fully incorporate the right to appeal and to regulate constitutional rights and guarantees for both citizens and detainees. This year was the 500th anniversary of the Spanish philosopher, Miguel Servet, who was burned at the stake for holding humanist ideals.

MIKHAIL LEBEDEV (Russian Federation) said the modern world of globalization was impacting adversely on respect for human rights and Earth. There were turbulent events in many regions of the planet. All these phenomena had been accompanied by those using claims of life, freedom, dignity, accountability and even human rights for interference in internal affairs to achieve short-term political goals. Russia wished to work on issues around economic, social and cultural rights and genuine realization of the right to development. Sixty-five years after the Nuremberg trials sentenced the main Nazi perpetrators, Russia noted a growth of racist and extremist groups. Reinterpretation of historical events to achive political goals must not be allowed. Russia urged countries not to insist on exporting values claiming them as a universal and noted the need to take into different legal systems values aimed at strengthening human rights. Ideas such as dignity and freedom should become principles for bringing people closer together and promoting cooperation.

PABLO BERITI OLIVA (Cuba) expressed Cuba’s dissatisfaction with the fact that the study requested by the Council’s resolution 15/24 on unilateral coercive measures had not been concluded, despite the fact that sufficient time existed, and requested additional information concerning the delay. Cuba reiterated its rejection to the application of these kinds of measures, which ran counter to international law and that negatively affected the enjoyment of human rights. Cuba had been subject to these measures for over 50 years, as a result of an economic, commercial and financial embargo imposed by the United States, which persisted despite unanimous demands by the international community, including the General Assembly, that it be dropped. The embargo constituted a flagrant violation of the human rights of the Cuban people, and its harm to the economy was estimated to be higher than $ 104 billion. Cuba remained concerned about the case of five Cubans who since 1998 had been illegally imprisoned in the United States. The United States had ignored the opinion of the Working Group on arbitrary detention, which declared this an arbitrary detention in 2005.

HARRIET E. BERG (Norway) said that the right to life was the most fundamental of all human rights and therefore the death penalty was incompatible with human dignity. There was no evidence that the death penalty was a deterrent to crime and more that 70 per cent of the world’s countries had banned the death penalty. In those countries where the death penalty was still imposed, Norway was concerned about the exclusion of youth from the act and due process. Norway agreed with the Secretary-General’s report on the question of the death penalty which called for a renewal of this mandate. There were important connections between transitional justice and the right for reparations and Norway stressed the need to include victims in the reparation process.

BARBARA FONTANA Switzerland said abolition of the death penalty was a priority for Switzerland and expressed its support for the International Commission against the Death Penalty and announced it would shortly have its headquarters in Geneva. Switzerland thanked the High Commissioner for her report on transitional justice. Switzerland would give its full follow up to the report when it would submit a resolution in the next session of the Human Rights Council. Switzerland said that highlighting public intimidation and reprisals against those who cooperated with the United Nations and it Special Procedures could highlight the problems faced by the Council in the discharge of its duties. The report on practices in adopting a human rights-based approach to eliminate preventable maternal mortality and human rights was an important contribution to the rights of women.

NORMAN LIZANO ORTIZ (Costa Rica) said concerning the report of the Secretary-General on the death penalty, Costa Rica expressed satisfaction with the implementation of non-legislative measures such as moratoriums on the imposition of the death penalty in some countries. Costa Rica congratulated Gabon, Djibouti and the state of Illinois for their abolition of the death penalty and noted the efforts of countries which were working on legislative projects to this end. Costa Rica highlighted the thematic study carried out by Anand Grover, Special Rapporteur on the right to health of the older persons. An aging population was a phenomenon that the world would have to address in the middle term. At a regional level, the inter-American system dealt with the issue from a human rights perspective. The human rights approach suggested by the Special Rapporteur concerning the practice of adopting a human rights perspective to avoid maternal mortality and morbidity merited attention and should include a holistic approach and the right to education.

CLARISSE MERINDOL OUOBA (Burkina Faso) said that regarding the High Commissioner’s report on maternal morbidity and mortality, the Government of Burkina Faso was determined to fight against and eradicate the causes of this scourge on women and children, the most vulnerable in society, to ensure that their fundamental human rights were upheld. In addition to working to ratify international conventions, at the national level numerous strategies and plans were being drawn up to support women, including poverty reduction strategies, the elaboration of a programme to reduce the transmission of HIV, the application of free prenatal care for women and the elaboration of a strategy to reduce the health risks related to maternity. Burkina Faso, with Colombia and New Zealand, were supporting a resolution to call for an expert workshop to address the critical human rights of women and children in the area of childbirth.

MOTHUSI BRUCE RABASHA PALAI (Botswana) said Botswana was a State party to many international human rights instruments and was fully committed to their implementation. The Constitution guaranteed the enjoyment of fundamental freedoms and also provided for the right to life. The death penalty was an exception to this protection and was mandatory for serious crimes of murder, treason and piracy. The courts exercised extreme care in the application of the death penalty. An impression should not be created that the General Assembly had passed a resolution prohibiting the death penalty, when it was in fact a moratorium. Transitional justice, just like disarmament, demobilization and reintegration initiatives, played an important role in post conflict societies. Botswana noted with satisfaction technical and other forms of assistance extended to countries around the world, especially in Africa. Botswana agreed with the need to ensure those responsible for serious violations of Human Rights were brought to justice.

EILEEN CHAMBERLAIN DONAHOE (United States) said that against the backdrop of dramatic developments from Cairo to Tripoli to Damascus, the essential role that civil society played in the protection and promotion of human rights and the transition to genuine and vibrant democracies should be emphasized. Civil society provided a critical foundation for holding governments accountable, ensuring good governance and promoting human rights, including economic, social and cultural rights. Civil society must also be able to express itself in person, in the media and over the Internet. States using the excuses of security, order, or stability as a justification to unduly restrict these rights did so at their peril. The former governments of Libya, Tunisia and Egypt used these arguments to justify restricting basic rights and freedoms, but had to answer to their people in the end. Civil society must be able to make its voice heard in government and have a meaningful role in the conduct of public affairs. The United States called upon the Council to pay attention to the important role that civil society played in political transition and urged the Council to continue to address human rights violations as they occurred in other parts of the world.

KAMAPRADIPTA ISNOMO (Indonesia) said that even though the death penalty in Indonesia remained, its mandatory imposition was restricted through judicial, legislative and administrative measures and proceedings. The Indonesian Penal Code and other relevant laws applied the death penalty as a maximum sentence only to certain grave crimes, such as drug trafficking, murder, corruption and terrorism which were considered as serious crimes with broad damaging impacts to society. As of January 2011, five persons were granted clemency from the death penalty, four of them would serve lifetime sentences and one would serve 12 years in prison. There was considerable debate in the country on the death penalty which reflected the deliberations on the issue in international fora. Indonesia’s decision to maintain capital punishment was based on the argument that justice should be considered from various perspectives, such as the merit of the punishment itself, the types of crimes and the perspective from victims and their families.

ANNE-TAMARA LORRE (Canada) said Canada was concerned about the wide range of intimidation against those cooperating with the Special Procedures. Canada stood resolutely with those individuals who were often at grave risk. Canada called on all States to prevent the occurrence of reprisals and intimidation. Canada also called on States where reprisals had occurred to undertake measures to investigate and provide redress to victims. Canada stressed that it was incumbent on the Human Rights Council to appropriately follow up on these reports. Canada asked what were the next steps to ensure that the Human Rights Council did not lose momentum on this issue. Canada also commented approvingly on the High Commissioner’s report on practices in adopting a human rights-based approach to eliminate preventable maternal mortality and human rights

IDRIS JAZAIRY (Algeria) said Algeria was convinced that human rights would only be fully realized under the principles of universality, interdependence, indivisibility. In the struggle against terrorism, which essentially constituted a violation of human rights, synergistic work with partners was essential to ensure aspects such as security and development were taken into account in counter-terrorism. Algeria had focused on promoting the rights of children and women, combating mortality and morbidity through a human rights approach. Algeria had actively supported the resolution on this issue by co-sponsoring it. Algeria had had a moratorium on the death penalty since 1993 and had accepted Spain’s invitation to be part of the group advocating for the moratorium and the abolition of the death penalty. Recognizing people’s right to self-determination, enshrined in the United Nations Charter, the Universal Declaration on Human Rights and covenants, the Council should assess the application of this right to self-determination in the case of autonomous territory under administration by a foreign power.

RUTH STONE (Australia) said that Australia supported the universal abolition of the death penalty, an inhumane form of punishment which violated the most fundamental human right, the right to life. The Human Rights Council, through its Universal Periodic Review mechanism and Special Procedures, had played a critical role in monitoring international trends towards the abolition of the death penalty and in providing guidance to States on this important issue. Australia was concerned by indications in the Secretary-General’s report that China and the Gambia, as well as Iran, had introduced the death penalty for new offenses.

SAEED SARWAR (Pakistan) said “principles of equal rights and self-determination” could be distilled from the International Covenant on Civil and Political Rights and the International Covenant on Economic, Cultural and Social Rights. All people had the right to self-determination. The United Nations General Assembly had affirmed these principles via resolutions. Pakistan had extended political, moral and diplomatic support to the exercise of the right to self-determination, including to those of Jammu and Kashmir. In the recent spate of violence, innocent and unarmed protesters had been gunned down on the streets and Kashmiri political leaders had been put behind bars to silence their protests. Pakistan hoped the Human Rights Council would play its role in the realization of the right to self-determination of the peoples of Jammu and Kashmir.

VERONICA BIONDI (Holy See) said the Holy See reaffirmed that every woman was equal in dignity to man and a full member of the human family, within which she had a distinctive place and vocation in complementary to but in no way less valuable than man’s. The Holy See found it totally unacceptable for so-called safe abortion to be promoted by the report under discussion during the current session of the Council; and found unacceptable any attempts to divert much-needed financial resources from these effective and live-saving interventions to increased programmes of contraception and abortion which aimed at limiting procreation of new life or at destroying the life of a child. The Holy See expressed the hope that the international community would succeed in reducing maternal morbidity and mortality by promoting effective interventions what were base on deep and abiding values and that were respectful of the sacredness of life from conception to natural death.

ABSALOM NGHIFITIKEKO (Namibia) said that at a time when major economies were experiencing financial crisis, Governments should ensure that any measures taken to deal with the debt crisis would include measures that respected and promoted human rights. Efforts at the international level to promote and protect human rights, notably the right to food and development, should be the basis for building a new global order. The Special Rapporteur on access to safe drinking water and sanitation had recently visited Namibia and would submit her report to the Council in 2012. Namibia would continue to work to improve access to safe drinking water and sanitation and looked forward to receiving the Special Rapporteur’s recommendations.

HIBA MOSTAFA RIZK (Egypt) said in reference to the High Commissioner’s report on practices in adopting a human rights-based approach to eliminate preventable maternal mortality and human rights, that Egypt had adopted policies that had resulted in a drop in child mortality and it took note of the statistical date in the report. As much as they agreed with most of the report, Egypt fully disagreed with the use of some of findings to utilize human rights to campaign for the legalization of abortion. Addressing unsafe abortion could not be addressed by legalization of an act that was a violation of the right to life. Egypt commented on the Office of the High Commissioner for Human Rights’ report on migrants fleeing events in North Africa. Egypt was dismayed at the delay in publishing report and also drew attention to the fact that the resolution version attached to the report was not the final version and did not contain an accurate copy of the resolution’s provisions. Egypt did not think the report was successful in addressing its objectives outlined by operative paragraph 8 of the commissioning resolution. Most of the focus was given to violence against migrants in Libya which would be better suited to a national report on Libya. Comments on trafficking and smuggling were inappropriate as there was no clear evidence that this was particularly concerning recent migrants from North Africa. There was an urgent need for the Human Rights Council to reflect more on this issue.

WENDY HINTON (New Zealand) said that the Council’s mandate included promoting the effective coordination and mainstreaming of human rights within the United Nations system. Its work on maternal mortality was an example of good practice in this regard, was undertaken cross-regionally and by consensus and showed that it was possible to find this common ground. The Council had now received the thematic study on preventable maternal mortality and morbidity and human rights presented at the fourteenth session. New Zealand considered that this contributed to the normative basis for the human rights based approach to reducing preventable maternal mortality and morbidity which constituted the logical next step for the Council to make the approach operational. Accordingly, New Zealand proposed along with Colombia and Burkina Faso a procedural resolution that would call for an expert workshop to take the ideas of a human rights-based approach and turn them into concise technical guidance for those working on the ground to reduce the unacceptably high number of women dying.

LARISA BELSKAYA (Belarus) said that the Government of Belarus had expressed caution on one of the statements in the High Commissioner’s report on transitional justice because of inaccurate statements made regarding the 19 December 2010 events at Minsk. The allegations made in the report had not been based on fact. The legislation of Belarus guaranteed freedom of action by non-governmental organizations but these organizations should also observe national legislation and their own bylaws. Belarus said there was a need for much closer cooperation between the Office of the High Commissioner for Human Rights and Member States on the substance in reports and the conclusions that were drawn. A narrow focus on countries in such reports violated the policies on which the United Nations was based.

GONZALO M. JORDAN (Argentina) said that Argentina appreciated the report of the United Nations High Commissioner for Human Rights on the obligation of States to investigate serious violations of human rights, and the use of forensic genetics. Argentina valued the report, in particular in relation to the clear violation of human rights, and said forensic investigation was especially relevant in the context of right to truth. Argentina highlighted a requirement to investigate, and the establishment of basic procedures concerning access to information regarding remains of victims. Argentine wished to draw attention to orders of the Inter-American court to set up a database of those who had disappeared and steps that should be taken to protect the information in these databases at all times. Argentina wished to highlight at the appropriate juncture that they would submit a new draft law on the issue of genetic databases.

SATENIK ABGARIAN (Armenia) welcomed the activities on transitional justice and the establishment of truth and reconciliation commissions to adjudicate responsibilities and reparations and coordination mechanisms for transitional justice. The creation of commissions of inquiry and truth with participants from all concerned parties could contribute to the reconciliation and an atmosphere of trust. Armenia asked the High Commissioner to respond to States’ requests through the establishment independent inquiries. It was important to ensure the prevention of human rights violations and impunity regardless of where these actions were committed in the past. Armenia asked about the position of the High Commissioner concerning States which increased their arsenals and made threatening statements. Algeria supported the position of some Special Procedure mandate holders that the promotion of human rights should comprise the globe, including those territories declared independent. Gaps in the map of protection of human rights should not be created and Armenia encouraged the High Commissioner and Special Procedure mandate holders to follow this positive practice.

ISAM ABDURAHMAN (Sudan) said the Government of Sudan confirmed that it would not implement the death penalty on persons under 18 years old. The Child Act of 2010 and the Criminal Law of 1991 both forbade the death penalty being applied to children and minors. Sudan said the death penalty was only applied to the gravest of offenses and only after an application of international safeguards to ensure that the human rights of offenders were protected.

MAYSA URENA MENACHO (Bolivia), referring to the reports on the rights of indigenous people, said in Bolivia the rights of indigenous peoples were not only guaranteed in the Constitution but were governed by law. The Office of the High Commissioner for Human Rights in Bolivia was often invited in consultation when negotiations were made between indigenous communities on government projects such as construction of roads.
Some cases of confrontation arose as part of democratic dialogue. The majority of Bolivians were indigenous. Bolivia asked the Office of the High Commissioner for Human Rights to practice what they preached.

ESZTER KIMODI, of World Health Organization, the United Nations Population Fund and the United Nations Children’s Fund, in a joint statement, commended the Council for its continued efforts to place maternal mortality firmly on the human rights agenda. While maternal mortality had decreased 34 per cent from 1990 levels, due to better access to health care and contraception, provision of safe abortion services where they were legal, and increased education and the improved status of women, nonetheless, this promising decline did not apply to the vast majority of the world’s poorest countries. The Secretary-General had launched the Global Strategy for women’s and children’s health to accelerate action for a final push towards achieving Millennium Development Goal 4 and gather commitments for over 40 million dollars. Accountability was critical to the Global Strategy. Its report and proposed accountability framework would be supported by an independent expert review group. This was a time of unprecedented opportunity, to ensure that global commitments translated into account. The agencies would continue to assist those countries where the needs were greater and to strengthen the application of the human rights approach to maternal mortality.

GIANFRANCO FATTORINI, of Press Emblem Campaign, said that this year 72 journalists were killed in the course of their work and called on the Human Rights Council to adopt a resolution which would allow the Office of the High Commissioner for Human Rights to conduct a study that would document the grave violations of fundamental human rights and freedoms of journalists in the last 10 years and to investigate causes and consequences of the violations against journalists in zones of conflict or civil unrest.

DAVINIA BONDI OVETTA, of Save the Children International, re-emphasized the interconnectedness between maternal, newborn and child health as expressed in the Secretary-General’s Global Strategy on Women and Children’s Health. Equitable access to available, accessible, appropriate and good-quality health services was essential to achieving Millennium Development Goals four and five. There was a global shortfall of at least 3.5 million health workers, which meant that millions of women, particularly in rural communities, had no access to healthcare. Save the Children called on Governments to make new, substantial and specific commitments to increase the number of health workers and better support and empower those workers.

JANA BRANDT, of Society for Threatened Peoples, said the Society for Threatened Peoples was deeply concerned that States continued to deny indigenous peoples the right to use their own languages. The Society for Threatened Peoples was particularly concerned about discrimination against the Uyghur language in China. The Society for Threatened Peoples called on the Special Procedure mandate holders to intervene and stand up for the Uyghur language in the same way they did for the Tibetan language in October 2010.

HANNAH BOCK, of International Humanist and Ethical Union, welcomed the Report of the Office of the United Nations High Commissioner for Human Rights: practices in adopting a human rights-based approach to eliminate preventable maternal mortality and human rights. The International Humanist and Ethical Union noted an alarming number of pregnancy related deaths in Afghanistan and the situation was totally unacceptable. The International Humanist and Ethical Union said in Mauritania force feeding young children to fatten them for marriage forced one in ten women to become morbidly obese. The Office of the High Commissioner for Human Rights and Special Rapporteur on violence against women should investigate this practice.

SENGE SERING, of Work Environment and Resources Council, denounced the state of freedom of expression, political activity and peaceful assembly in Pakistani occupied Gilgit-Baltistan, where the natives lived under complete censorship. On 25 August offices of media had been vandalized by secret services agents and two journalists were arrested and tortured for exposing incidents involving government employees as well as accounts of extra judicial murders, enforced disappearances and arbitrary detentions in the valley of Hunza. The Pakistani occupation of the region had created a serious humanitarian crisis and attention of United Nations rapporteurs was requested to help address these grievances.

KAREN PARKER, of International Educational Development, indicated that International Educational Development had submitted written statements on human rights and forensic genetics and another on the situation of slave labour in shrimp farms and the brick kiln industries in Bangladesh. The right to self-determination was part of agenda item 3 however, given its important in both Covenants and as a norm of jus cogens, it should be addressed as a separate agenda item. As an alternative, the Council could appoint a Special Rapporteur on the right to self-determination with the aim of resolving long-term as well as emerging issues.

MAKOU DJOUMA MICHELINE, of Organisation pour la communication en Afrique et de promotion de la coopération économique internationale (OCAPROCE International), said that States should allocate 10 per cent of their annual arms budget for women and for maintaining peace in the world. There should be an end to the arms race and a total abolition of war on earth and funds from the arms race should be allocated to assist marginalized women and children who were victims of armed conflicts. States should ratify the International Convent on Economic, Social and Cultural Rights.

MEHRAN BALUCH, of United Towns Agency for North-South Cooperation, said that the attack on Balochistan culture was fierce with the secular cultural values of Balochistan under threat as religious fundamentalists were given a license to throw acid on the faces of Baloch women teachers in Quetta for not covering their faces. On June 1, Professor Saba Dashtyari was killed by Pakistani intelligence services in Quetta; he was a cultural icon of Balochistan. The violation of economic rights of Baloch people was also extreme.

LAZARO PARY, of Indian Movement “Tupaj Amaru”, in a joint statement with World Peace Council, said according to the understanding of indigenous peoples the European invasion led to a collapse between mankind and nature and respect of mother earth was lost. Since that time the whole global economy was caught up in violent cyclical processes whose downturn resulted in crises. The global water resource crisis was serious and 1.3 billion people did not have access to safe water.

DIARRA DIOP, of Defence for Children International, in a joint statement with International Save the Children Alliance, urged governments to put children’s rights at the heart of their migration polices. Children who were unaccompanied minors suffered the risk of being subjected to violence. A durable solution must be found for each child. Appropriate living conditions, family tracing service legal advice and access to basic services should be provided. Programmes for integration to host countries should undertaken. Holding children should be a last resort and children should be transferred to open facilities where proper care could be guaranteed. The best interest of the child should be treated as the primary consideration and individual circumstances of each child should be taken into account.

ISHTIYAQ HAMEED, of International Human Rights Association of American Minorities, said that the right to self-determination was a fundamental principle in international law, embodied in the United Nations Charter and the International Covenant on Civil and Political Rights. Living under foreign occupation, the people of Jammu and Kashmir had been deprived from their enjoyment of their economic, social and cultural rights. The economic infrastructure stood decimated, the Indian army and intelligence agencies continued exercising black laws without check in flagrant violation of core human rights instruments and disregard of the United Nations Security Council resolutions. The Association called upon the Council to persuade the Indian Government to accord Kashmiris people the right of self-determination.

ALFAF HUSSEIN WARI, of International Islamic Federation of Student Organization, said that the human rights situation in Indian-occupied Kashmir was ever worsening. Torture, rape, disappearances, custodial killings and arbitrary detention constituted a daily affair of life. The reports of the Special Rapporteur on extrajudicial and summary executions and the Working Group on arbitrary detention in 2011 clearly illustrated the state of human rights in Indian-occupied Kashmir. The Federation was dismayed by the silence of the Council concerning the sufferings of Indian-occupied Jammu and Kashmir, and called upon States to end double standards and the Indian Government to facilitate the visit of the Special Rapporteur.

VO TRAN NHAT, of Agir Ensemble pour les droits de l'homme, said it was concerned by the repression of demonstrations in Viet Nam. From 5 June to 21 August 2011, protests were conducted in Ho Chi Minh City against Chinese incursions into the Vietnamese sea. Agir Ensemle pour les Droits de l’Homme called on Viet Nam to permit peaceful demonstrations and repeal Decree 38 of 2005 that forbade such protests in front of public buildings and those that interfered with the activities of the States and any gathering of more than five persons was illegal without authorization.

FIDEL TRANAMIL, of International Association against Torture, said that development and infrastructure projects, notably roads and an airport in the area of Makewe-Trapilwe in Chile, had violated the human rights of minority and indigenous people. The Chilean Government had neither the political will nor the legal framework to support dispossessed communities.

ALEXIA BEDAT, of United Nations Watch, said women were guaranteed equal treatment by international instruments. In China, as a result of the one child policy, every 2.4 seconds a woman underwent a forced abortion. In Saudi Arabia women could not travel, work or marry without male permission. In January a victim of a gang rape was sentenced to 100 lashes. In Iran a woman needed permission to marry. UN watch contrasted these allegations with the fact that China and Saudi Arabia were members of the Human Rights Council and Iran was a member of the United Nations Committee on the Advancement of Women.

ANA MARIA RODRIGUEZ, of Colombian Commission of Jurists, said although the Government of Colombia did not admit to it, there were 10,000 paramilitaries in Columbia. It was clear that discussions had not led to peace or the objectives of truth and justice. Only three rulings had been handed down by the peace and justice law. Reducing sentences could only be explained in the context of peace. As indicated by the report, the number of demobilized paramilitaries was very low. Although 4,000 paramilitaries had agreed to stand down, more than 3,000 had not appeared in court. A formula to make the process swifter and with a guarantee of resources for compensation for victims was needed. The Colombian Commission of Jurists urged the Office of the High Commissioner for Human Rights to follow this issue in Columbia.

SONALI JOHNSON, of International Association for Democracy in Africa, said that one of the responsibilities of the United Nations when striving to help countries meet the Millennium Development Goals was to deepen the values and ideas of democracy and human rights. Peoples’ movements could pressure governments and elected politicians in order to bring about change. For instance, in several African countries where genital mutilation was the norm, local and religious leaders succeeded in influencing policies and practices; the principle of equality between men and women, enshrined in the United Nations Charter, had empowered women in India by providing them with opportunities for public participation.

HEATHER COLLISTER, of International Service for Human rights, said that it remained unacceptable that the work, physical integrity and the lives of those who provided the Council with information and expertise was put at risk. The Secretary-General’s report acknowledged that it provided only a snapshot of acts of intimidation or reprisals; more efforts were needed in particular by United Nations country presences providing protection to persons wanting to report reprisals. A list of all cases received along with respective status should be included in the next report. The report constituted an important step in helping to stop States from resorting to reprisals to silence criticism. It was important that States in which reprisals had occurred informed the Council of steps taken to investigate them and provide remedies and compensation to victims.

SONIA RANI, of International Institute for Peace, said that everyone had access to public services in their country and to elect their leaders by a free voting procedure. Government interference in the election results in Gilgit-Baltistan, Pakistan had resulted in the death of two persons and the injury of 40 people. The law provided for freedom of speech but the Government had tried to control the media and journalists by associating them with criminals.

JOSEPH ANAND, of European Union of Public Relations, said the law in Pakistan was subject to external influence and a weak legal education system which undermined the right to a fair hearing and trial. Tribal practices impeded normal procedures and practices. Human rights activities had reported on how religious minorities manipulated the judicial system and impeded human rights.

PRITESH KUMAR PATEL, of Commission to Study the Organization of Peace, said education was a right in itself and a pathway to the realization of other human rights. Interruption to the education of girls had devastating ramifications. Under international law primary education should be free for all. School fees were insurmountable obstacles. Girls and their families sometimes had to cover the expense. Where the cost was steep they might consider relationships with older men to receive money for school.

GAJJALA PRAVEEN, of Centre for Management and Environmental Studies, said civil and political rights in Pakistan were restricted by militias closing key access roads. Some roads were also closed by the military in Swat. Some 200 schools were destroyed in the Taliban insurgency. Gilgit-Baltistan did not have representation in government.

PAYALBEN PATEL, of United Schools International, said that governments in conflict affected countries should protect minorities, even while insurgency was common in minority communities. In South Asia, participation was often little and governments were characterized by ethnic exclusion. Even in those countries with democratically elected governments, large parts of the citizenry had little influence of voice. It was the general case that a culture of impunity was pervasive in the activities of governments, along with corruption and lack of knowledge about how to seek redress.

VIPIN RAVINDRAN, of Canners International Permanent Committee, said that recent decades had seen an increase of armed confrontation including the killings and incapacitation of civilians. Conflict had a greatest impact on the poorest communities of the poorest countries. According to the United Nations some 20 million people had been killed in 150 conflicts in developing countries since World War II. A large part of those displaced were children or adolescents. Many of the provisions established by Convention on the Right of the Children were undermined by conflict. Preventive and emergency efforts should understand how children were affected by conflict in order to develop measures to mitigate the effects of conflict.

MIMOUNA ESSAYED, of Union de l'action féminine, said that the violations of basic human rights was a major concern, especially physical and psychological violence against women in armed military camps by militia groups in the Sahara region. Women were detained for decades in the Polisario camps by separatists’ movements and the Office of the High Commissioner for Human Rights should make inquires into this situation.

ELBACHIR ED-DAHY, of Centrist Democratic International, said that in the Polisario camps in the Sahara region men and women were victims of violence by separatist movements without any means of release or restitution. Grave violations of human rights were occurring without any protection.

HAMDI CHERIFI, of Agence Internationale pour le Developpement (Aide-Federation), said political expression in the Polisario camps were violated by the Polisario separatist militia. Consistent international efforts were needed to free the Polisario hostages and allow them to come back to Morocco.

BAYAT ZIGHEM, of International Committee for the Respect and the Application of the African Charter on Human and Peoples' Rights, said the administration by separatist militias of Polisario camps helped to perpetuate suffering. The speaker said he had lived in these camps as a member of the Polisario and witnessed embezzlement of humanitarian aid. These people expect the Human Rights Council to give them hope and allow them to return to Morocco.

GIANFRANCO FATTORINI, of Mouvement contre le racisme et pour l'amitié entre les peuples, said that the right to self-determination was a precondition for the enjoyment of the right to development and peoples continued to clamor for this fundamental and its corollary, sovereignty over natural resources. The Vienna Conference recognized that peoples had the right to take any measures in keeping with the Charter to realize their right to self-determination, when they could not enforce this right they were being subjected to a form of discrimination or xenophobia. This right naturally arose from the course of history. The Council should organize a seminar to take stock of its value and recognize the preconditions for its realization.

GEORGE PLETNIKOFF, of International Committee for the Indians of the Americas (Incomindios Switzerland), said that the Alaskan nation subjected of illegal occupation. Alaska requested that the United Nations included it in the List of Non-Self-Governing Territories from which it was removed with no United Nations oversight regarding the circumstances related to the adoption of General Assembly resolution 1469 of 12 December 1959. The vast majority of the Tribal Governments in Alaska adopted resolution 2005-10 expressing their desire to harness this international legal and political status. This resolution named the Indigenous Peoples and Nations Coalition to continue this work with the full support of Ambassador Ronald Banes and continued to pursue the protection of their food security and territory against exploitation by multinationals in the Bering Sea and the Gulf Alaska.

RONALD BARNES, of Indian Council of South America, said the indigenous peoples of Bolivia were continuing their march toward La Paz, a 375 mile trek, to meet with President Evo Morales concerning the construction of a highway through indigenous territory, the TIPNIS reserve. President Morales should meet with the grassroots and engage in substantive negotiations. The indigenous peoples of Alaska and Hawaii continued their diplomatic protest against their illegal foreign occupation. Western States and all other States should not speak with double standards for rights for indigenous peoples and called on a panel on the Right to Development with a more broadly representative views of indigenous peoples.

GARY ANANDASANGAREE, of Lawyers Rights Watch Canada, said States continued, in violation of international law, to prevent investigations that could expose State officials to criminal sanctions and refused to investigate disappearance by other States. The Council and all its members should use diplomatic and legal measures to ensure finally that all persons were protected from enforced or involuntary disappearances as required by law. The Human Rights Council should make sure that the Report of the Panel of Experts on Accountability in Sri Lanka would be discussed in detail and the recommendations adopted without delay.

RAUL IGNACIO RODRIGUEZ MAGDALENO, of Federación de Asociaciones de Defensa y Promoción de los Derechos Humanos, said over the last nine years international legal observers had witnessed the hundreds of trials that the Moroccan authority subjected the Saharan people to. There were serious restrictions on freedom of movement. In those camps there was excessive violence, torture, death and harassment by Moroccan settlers. Human rights activists and their families were attacked. For example, Mr. Saied Dambar whose death had still not been properly investigated. There was systematic denial to free self-determination of the people of western Sahara.

FRANCISCO PAINEVILE MALDONADO, of France Libertés – Fondation Danielle Mitterrand, said he was less than 16 years old and had been detained and kidnapped by Chilean police, chased by police helicopter and subjected to torture, physical and verbal abuse. There was no policy for Mapuche minors, which should include the Mapuche spiritual cleansing. France Libertes called on the Chilean State to pay reparation to children whose rights had been violated in the context of legitimate political protests.

SYED FAIZ NAQSHBANDI, of World Muslim Congress, said that the right to self-determination was the keystone of the United Nations, the Council and the international order. The people of Jammu and Kashmir had not yet exercised this right. Instead, India continued its occupation through a military deployment engaged in large scale human rights violations, draconian laws. The non-implementation of human rights resolutions by India had ultimately resulted in massive human rights violations, disappearances, torture, common mass graves, excessive use of force on peaceful protests and custodial killings. The World Muslim Congress urged the Council to fulfill its commitments with the people of Kashmir.

ANEZKA PALKOVA, of Centre for Human Rights and Peace Advocacy, drew attention to the failure of India to promote the realization of the economic and social rights of the common people of India. People who were economically vulnerable were largely involved in subsistence activities for which they were exploited and discriminated in social, cultural, civil and political spheres. According to the United Nations Children's Fund, malnutrition was more common in India than in Sub-Saharan Africa. It was feared that India would not meet the Millennium Development Goal of reducing hunger by half until 2043. The Centre for Human Rights and Peace Advocacy requested the Special Rapporteur on the right to health and on the right to food to pay particular attention to this situation.


Right of Reply

SUN MINGJI (China), speaking in a right of reply, said the Chinese Government had always paid attention to minority languages and the Chinese constitution laid down clear provisions in this regard. In practice they always paid attention to dual language and for development of a national common language. In Tibet and the Tibetan areas, children were educated in two languages. In higher education four or five languages could be taught. China placed a lot of stress on family planning. This was done in relation to realities in China and the long-term interest of China and practical needs of the people. Abortions were voluntary, safe and prior informed. China held principles against any forced abortions and encouraged people to make their views known and welcomed the participation of people, including non-governmental organizations in the decision making process.


For use of the information media; not an official record

HRC11/112E