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COUNCIL CONDUCTS DIALOGUE WITH INDEPENDENT EXPERT ON MINORITY ISSUES, HOLDS GENERAL DEBATE ON HUMAN RIGHTS BODIES
The Human Rights Council at a midday meeting today held an interactive dialogue with the Independent Expert on minority issues, heard the presentation of reports from the Forum on Minority Issues and the Social Forum, and then held a general debate on human rights bodies and mechanisms.
Rita Izsak, Independent Expert on minority issues, said she came from a minority background herself and experienced discrimination at a young age. Young people from both minority and majority communities had different experiences from older generations and brought different perceptions with regard to identity. Women belonging to minorities frequently experienced unique challenges. The dynamics of poverty were often more complex in nature for minority groups. It was important to recognize that many violent conflicts were at their core violations of minority rights or tensions between communities. Ms. Izsak said she looked forward to the comments of Rwanda and Bulgaria relating to the reports concerning the visits of Independent Expert Gay McDougall.
Rwanda, speaking as a concerned country, said the question of minority groups in Rwanda had always been misunderstood and distorted; there were no indigenous people in Rwanda and all Rwandans were indigenous to this country. The Government did not deny the existence of the Batwa people but it refused the allegation that this population constituted an ethnic group or an indigenous people. The Rwandan people preferred to be considered as Rwandans, rather than Hutu, Tutsi or Batwa.
Bulgaria, speaking as a concerned country, said that the final report of the Independent Expert on minority issues contained inaccuracies and misrepresented the real situation in Bulgaria both in terms of ethnic diversity and with regard to the model on inter-ethnic relations in the country. Persons belonging to minority groups played an important role in the political and public life in Bulgaria. No country was immune to hate crimes but Bulgaria was ensuring they remained isolated cases.
In the interactive dialogue, speakers said, theoretically, things should be straightforward. Each individual had the right to indentify themselves as belonging to a certain group. The Independent Expert could consider the usefulness of abolishing the concepts of majority and minority populations. This would be in accord with the foundational principle that everyone was equal in rights and in duties while maintaining rights to associate. The selection of sectarian, ethnic or religious affiliation as criteria for belonging to a state ran contrary to the universality of human rights and lent itself to manipulation and abuse. The rights of minorities were always threatened during and after conflict situations. Non-governmental organizations could be a positive force in the minority struggle for integration and recognition by society.
One speaker expected the Independent Expert to focus on how religious minorities were stereotyped and negatively profiled in various parts of the world. Another speaker asked, among her priorities of women and youth, conflict prevention and outreach and networking, which priority would the Independent Expert tackle first? Did the Independent Expert have a roadmap for consulting with Governments, religious communities and leaders to identify examples of good practices?
Speaking in the interactive dialogue were: European Union, Hungary, Holy See, Croatia, Pakistan, Austria, Bangladesh, Norway, Russia, Slovakia, and Romania. The United Nations Children’s Education Fund also spoke.
The following non-governmental organizations took the floor: Mouvement Contre le Racisme et Pour l’Amitié Entre les Peuples, National Association for the Advancement of Coloured People and Asian Legal Resource Centre, and International Movement Against All Forms of Discrimination and Racism.
Georgia, China and Russia spoke in right of reply.
The Council then started its consideration of its agenda item on human rights bodies and mechanisms. Introducing the report on the Forum on Minority Issues, Ms. Izsak said the 2011 Forum addressed the issues of women and girls from minorities, who frequently experienced multiple forms of discrimination. The Forum recommended that Governments collect accurate disaggregated data to allow for a greater understanding of the issues affecting minority women. Governments should also ensure that domestic legislation, effective political participation and access to justice were adequate to guarantee the protection of minority women. Ensuring equal access to quality education for women and girls from minority groups remained a considerable challenge.
Minelik Alemu Gerahun, Chairperson-Rapporteur of the Social Forum, said the 2011 Social Forum had brought together around 250 participants from Member States, international organizations and international and national non-governmental organizations. The expert panel deliberations addressed development challenges including climate change, the role of civil society in pushing for accountability in monitoring aid and the role of international law in the realisation of the right to development. The participation of representatives of grassroots organizations in this Forum was a welcome feature.
Regarding human rights bodies and mechanisms, speakers said the debate and recommendations of the Forum on Minority Issues were valuable and would help strengthen the rights of women and girls from minorities. Empowerment of minority women should be achieved by ensuring their effective participation in economic, social, political and cultural life. Speakers urged States to provide access to quality education for minority women and children. One speaker proposed the rights of linguistic minorities as the next topic for the forum. Speakers highlighted the importance of the work of the Advisory Committee, particularly the study on promoting the rights of fathers.
Speakers noted that those groups that produced and harvested food stuff had the greatest difficulty in accessing food. Rural women were most exposed to hunger and poverty. Speakers noted the very serious situation of malnourished children. Special efforts should be made to implement the rights of agricultural workers and ensure that their rights were fully met. Increased land grabbing for monoculture plantations, logging, mining and other extractive industries had been destroying livelihoods and food sovereignty. It was vital that a new Special Procedure was created to promote and protect the rights of peasant farmers and others who worked in rural areas.
Denmark speaking on behalf of the European Union, China, Kyrgyzstan, Cuba, Hungary, Costa Rica, Austria, Uruguay, Switzerland, Ecuador, Kuwait, Morocco, Bolivia, Luxembourg, Venezuela, Ethiopia, South Africa and Council of Europe took the floor in the general debate on human rights bodies and mechanisms.
The following non-governmental organizations also took the floor: International Service for Human Rights, World Vision International, Centre for Environmental and Management Studies, Foodfirst Information and Action Network, Japanese Workers’ Committee for Human Rights, International Association of Peace Messenger Cities, Human Rights Advocates, France Libertés, Reporters Without Borders, United Nations Watch, International Union of Latin Notaries, International Association of Democratic Lawyers, Centre for Human Rights and Peace Advocacy, African Association of Education for Development, Liberation, International Buddhist Relief Organisation, North South XXI, International Association of Schools of Social Work, International Association for Democracy in Africa, Centrist Democratic International Indian Council of South America, Indian Council of South America, and International Committee for the Indians of the Americas.
Ethiopia spoke in right of reply.
At 3 p.m., the Council started its consideration of the outcome of the Universal Periodic Reviews of Tajikistan, Tanzania and Libya.
Documentation
The Council has before it the report of the Independent Expert on minority issues (A/HRC/19/56)
The Council has before it an addendum to the report of the Independent Expert on minority issues on his mission to Rwanda (A/HRC/19/56/Add.1)
The Council has before it an addendum to the report of the Independent Expert on minority issues on his mission to Bulgaria (A/HRC/19/56/Add.2)
The Council has before it a corrigendum to the report of the Independent Expert on minority issues (A/HRC/19/56/Add.2/Corr.1).
Presentation of Report by Independent Expert on Minority Issues
RITA IZSAK, United Nations Independent Expert on minority issues, said she came from a minority background herself and had experienced discrimination at a young age. States had not necessarily been formulated on language-related lines and therefore many linguistic communities found themselves becoming minorities. Many minority groups faced significant challenges such as restrictions in education, judicial elements, administrative procedures or in the media. Violent attacks had been documented in numerous countries and different regions against different religious groups. The situation of persons belonging to “non-traditional” and new minority religious or belief groups was also cause for concern. The Independent Expert asked for information on positive practices related to enhancing the security and religious freedom of minorities and promoting mutual understanding and dialogue be sent to her. The recognition of minorities was an issue of great importance. There were few, if any, countries that could legitimately claim to have no minorities. Some States maintained national ideologies or policies that imposed restrictive criteria relating to official recognition of minority status.
Young people from both minority and majority communities had different experiences from older generations and brought different perceptions with regard to identity. Women belonging to minorities frequently experienced unique challenges. The dynamics of poverty were often more complex in nature for minority groups. Millions of those belonging to minority groups were being left behind in the pursuit of the Millennium Development Goals and other poverty alleviation initiatives. It was important to recognize that many violent conflicts were at their core violations of minority rights or tensions between communities. Protection and promotion of minority rights at an early stage could help prevent tensions. Many grassroots organizations and individuals in every region of the world were working with and on behalf of disadvantaged minority communities. The Independent Expert wanted to establish strong relationships with these organizations and activists. The Independent Expert looked forward to the comments of Rwanda and Bulgaria relating to the reports concerning the visits of Independent Expert Gay McDougall.
Statements by Concerned Countries
Rwanda, speaking as a concerned country, said that the report of the Independent Expert on minority issues on the visit to Rwanda needed further clarifications. The constitution of Rwanda contained provisions against discrimination and Rwanda had enacted laws on the elimination of all forms of discrimination and had established institutions to sensitize the population on unity and reconciliation and on the fight against discrimination. The question of minority groups in Rwanda had always been misunderstood and distorted; there were no indigenous people in Rwanda and all Rwandans were indigenous to this country. The Government did not deny the existence of the Batwa people but it refused the allegation that this population constituted an ethnic group or an indigenous people. The Government recognized vulnerable groups additionally affected by poverty; some Batwa were among them, as were genocide survivors, elderly, persons with disabilities and other vulnerable groups. It was clear that the Rwandan people preferred to be considered as Rwandans, rather than Hutu, Tutsi or Batwa and those feeling were increasing with continued strengthening of national reconciliation and unity. The Government was committed to the promotion and protection of rights of its citizens without any discrimination. However, given the limited resources, this endeavour could not be completed in a very short time.
Bulgaria, speaking as a concerned country, said that the final report of the Independent Expert on minority issues contained inaccuracies and misrepresented the real situation in Bulgaria both in terms of ethnic diversity and with regard to the model on inter-ethnic relations in the country. The Constitution expressly recognized the existence of ethnic, religious and linguistic diversity, registered during the regular censuses according to the highest international standards. The data gathered during the latest census in February 2010 had shown that more than 10 different ethnicities existed peacefully in Bulgaria. Persons belonging to minority groups played an important role in the political and public life in the country. In local elections persons belonging to minorities, including Roma, had been elected as mayors or municipal counsellors. Mother tongue education was provided in a number of languages and text books were free of charge. Support from the State’s budget was provided for traditional cultural events and specific projects. No country was immune to hate crimes but Bulgaria was ensuring they remained isolated cases. The Government reaffirmed its political will to the improvement of the situation of Roma and said there were no quick solutions to those issues. The full-fledged integration of Roma was a matter of enhancing social inclusion and fair distribution of the burden of responsibilities between the Government, the Roma communities and non-governmental organizations involved in Roma integration.
Interactive Dialogue with the Independent Expert on Minority Issues
European Union asked which priority would the Independent Expert tackle first, among her priorities of women and youth, conflict prevention and outreach and networking. The European Union was particularly concerned about the situation of religious minorities in all regions and strongly condemned the increasing acts of violence against individuals belonging to religious minorities. How would the Independent Expert address the crucial question of States’ requirements to protect the existence and religious identity of religious minorities under her mandate?
Hungary was pleased to respond to the Independent Expert’s request and provide detailed information related to recommendations formulated by Ms. McDougall. It was an appropriate occasion to have an overview of what Hungary had achieved and where there was more work to do. The priorities set out in the report were thought-provoking and politically sensible. Hungary proposed that language be the topic of the next Minority Forum. Hungary supported the idea that the United Nations be more attentive to the security of minority groups.
Holy See said the awareness of minorities of their rights had greatly increased but the violations of these rights, on the part of States or of groups in society, had not ceased. The Independent Expert could consider the usefulness of abolishing the concepts of majority and minority populations. This would be in accord with the foundational principle that everyone was equal in rights and in duties while maintaining rights to associate. The selection of sectarian or ethnic or religious affiliation as criteria for belonging to a State ran contrary to the universality of human rights and lent itself to manipulation and abuse.
Croatia said that the rights of minorities were always threatened during and after conflict situations and Croatia was ready to share its own experience and knowledge in rebuilding post-conflict societies and establishing institutions. Non-governmental organizations could give a positive force in the minority struggle for integration and recognition by society and Croatia asked the views of the Independent Expert in this regard.
Pakistan, speaking on behalf of Organization of Islamic Cooperation, expected the Independent Expert to focus in her work on how the religious minorities were stereotyped and negatively profiled in various parts of the world. The full implementation of the Declaration on Minorities could be a key measure to promote equality and social stability and was an essential component of good governance in diverse societies.
Austria asked whether the Independent Expert had a roadmap in consulting Governments, religious communities and leaders to identify examples of good practices to enhance security, dialogue and mutual understanding. The world was approaching the deadline in achieving the Millennium Development Goals and Austria wished to hear how those challenges would be addressed by the mandate.
Bangladesh said as a secular society Bangladesh upheld the spirit of tolerance and mutual respect for different religions and multiculturalism. Bangladesh echoed the concerns of the Independent Expert on long-standing and new forms of anti-religious extremism and the use of the internet and social media to spread hate speech. Bangladesh drew attention to the rights of diaspora living in a foreign land to observe their religion and culture, particularly women, and encouraged the Independent Expert to focus on women’s right to practice their religion and culture when living in a foreign land.
Norway said minorities seemed to be most threatened in times of great societal changes, changes being witnessed today in a number of regions; against that backdrop Norway had launched a project in the Norwegian Ministry of Foreign Affairs on minorities’ rights, with rule of law at the heart of it. Norway asked why the Independent Expert did not mention the situation of those without a belief or religion.
Russia talked about the lack of citizenship on a massive scale of Russian-speaking minorities in certain countries of the European Union, and about their linguistic rights. Russia asked the Independent Expert to focus on the situation of those minorities, and noted her timely reaction to the referendum on making Russian the second state language in Latvia. One’s language should not worsen one’s isolation, nor should it act as a problematic obstacle for minorities.
Canada shared the concerns by the High Commissioner regarding the situation of religious minorities and was alarmed at the situation of Christian minorities in the Middle East and North Africa and a number of smaller groups around the world. Canada asked whether the Independent Expert observed any improvements with regard to those situations and what steps she could suggest be taken by Governments or the United Nations.
Slovenia was convinced that the status of minorities should represent one of the priorities of international human rights protection. Guaranteeing the rights of minority women and girls was particularly challenging and deserved special attention. How could the Council address the violation of minority rights of women and girls at the community level? Slovenia also asked how countries could effectively overcome the difficulties in attaining correct information about minority communities.
China said there were over 3,000 minority groups in the world at the moment and all countries had the duty to protect their rights according to international standards. China was building a new type of inter-ethnic relationships in the country to promote comprehensive economic, social and cultural development for minorities. As a result of Government policies, poverty rates of minorities were decreasing and the minority regions had undergone tremendous changes.
Viet Nam said that given social and economic diversity of different minority groups, working out challenges they faced should take into account the particularities and inspiration of each minority. United Nations human rights mechanisms should play an important role in helping examine the hardships of minorities and facilitating exchanges on best practices and technical assistance. As a multi-ethnic country with 54 peoples that had lived in peace and harmony since independence, Viet Nam upheld the principle that all ethnic groups were equal, although many shortcomings remained.
United States believed it was essential to engage with the broad range of civil society organizations that represented and advocated for the human rights of persons belonging to minorities. Beyond the thematic priorities outlined, the United States asked if there were regional priorities that the Independent Expert would address during the course of her mandate. The United States looked forward to her vision on best practices and indications of how they could work together in partnership.
Armenia said Armenia had adopted a number of measures aimed to improve the protection of national minorities, including a number of institutional and legislative developments. Steps had been taken to raise awareness about minority issues and promote the culture, language and traditions of national minorities, including through the field of education. In Armenia, the problem of safeguarding and promoting minority languages was closely connected to the existence of bilingualism and multilingualism.
Latvia appreciated the mandate’s requirement to ensure that the views of minority women were reflected, and valued the Independent Expert’s plan to pay attention to early signs of discrimination towards minorities in communities. Latvia noted the comments made earlier in the discussion by Russia. The referendum on national languages, which took place on 18 February 2012, took place with full accordance of Latvian and international standards. Latvia hoped that its neighbours would respect the results of this referendum.
Greece recalled the 1923 Treaty of Lausanne which established the status of the Muslim minority in Thrace; the groups of Turkish, Pomak and Roma origin were Greek citizens and had their own spoken languages, cultural traditions and heritage that were fully respected by the Greek State. Their involvement in parliamentary elections, politics, education and media demonstrated the strong will of the Greek Government to enhance the progress, prosperity and well-being of all its citizens, irrespective of their religion.
Cameroon shared the Independent Expert’s concerns for women and girls belonging to minorities and welcomed cooperation between stakeholders and Governments. Cameroon restated its invitation to the Independent Expert to visit Cameroon, which had more than 250 ethnic groups who were all protected under the Constitution. Cameroon asked what impact positive discrimination actions could have in promoting ethnic minorities, and what the priority actions for stakeholders should be when minorities were also indigenous populations.
Slovakia regretted that the first interactive dialogue with Ms. Izsak was opened with factual inaccuracy, which could reflect the Independent Expert’s inability to live up to her mandate. Back in 1947, Slovakia was part of the sovereign state of Czechoslovakia, but was not itself sovereign. Some 70,000 persons of Hungarian ethnicity and approximately the same number of people of Slovakian ethnicity were exchanged. This was legal according to international law. Slovakia called for the Council to remove the remark from the report of the nineteenth session of the Council.
Romania appreciated the Independent Expert’s intention to address the question of minorities in States. Theoretically, things should be straightforward. Each individual had the right to indentify themselves as belonging to a certain group. The Romanian delegation hoped that the demands of people with Romanian language and culture in Serbia would be met by the authorities of that country.
United Nations Children’s Fund said that after 20 years of the Declaration on Minority Rights and in the wake of preparations for global review of the Millennium Development Goals, the United Nations Children’s Fund regarded every effort at assessing milestones achieved as invaluable. The United Nations Children’s Fund would be undertaking a Special Report on the situation of indigenous and minority children with the Independent Expert, which could make a constructive contribution.
Mouvement Contre le Racisme et Pour l’Amitié Entre les Peuples highlighted the situation of the Urghur Muslim minority in China who had been refused access to education in their own language, while under state-sponsored labour transfer programmes thousands of young Uyghur women and girls had been removed from their families and communities and forced into abusive working conditions in urban factories in Inner China. The Mouvement Contre le Racisme also referred to the Tibetan minority and the situation of minorities in Iran.
National Association for the Advancement of Coloured People said as the oldest and largest human rights group in the United States they were concerned that in the past 12 months more United States states had passed more laws pushing more United States citizens out of the ballot box than in any year in the past century. Those laws included the re-imposition of notoriously racist bans on formally incarcerated persons voting, and would disproportionately block members of minority groups from voting.
Asian Legal Resource Centre and International Movement Against All Forms of Discrimination and Racism, in a joint statement, said extremist Islamic groups in Pakistan frequently abducted girls from religious minorities, raped them and subjected them to forced conversion and marriage. Blasphemy laws continued to be abused to target minorities, notably Christians. Asian Legal Resource Centre also highlighted abuses against minorities such as indigenous Papuans in Indonesia and Dalits in Nepal.
Concluding Remarks by the Independent Expert on Minority Issues
RITA IZSAK, United Nations Independent Expert on minority issues, said she had listened with great interest to the policies, plans and programmes discussed by speakers. There was no point of county visits without measuring something. In seeking best practices, engaging women and encouraging the ability of minorities to self-identify, outreach was paramount. Including participation of minorities in the development of policies better assured these policies were effective. Cooperation between United Nations specialized agencies was important as well.
Right of Reply
Georgia, speaking in a right of reply, noted that its Government had taken steps to ensure that the repatriation of forcefully deported persons by the Soviet Union in the 1940s was carried out fully in line with international law. Georgia reminded the Russian Federation of the violations it committed and continued to commit in the occupied regions of Georgia. Some 500,000 ethnic Georgian were expelled from their homes and continued to be displaced due to Russia’s invasion of 2008 and the subsequent occupation. The human rights of ethnic Georgians who had remained in the occupied regions continued to be violated, among others, children were denied the right to be educated in their mother tongue. In addition to human rights violations in the occupied regions of Georgia, Russia pursued ethnically motivated discrimination policies within its internationally-recognized borders, including the mass deportation of thousands of Georgians in cargo planes. These policies had resulted in the number of ethnic Georgians living in Russia decreasing from 1 million to 185,000.
China, speaking in a right of reply, categorically rejected the statement made by Mouvement contre le racisms et pour l’amitie entre les peuples, which ran contrary to the fact that the Government supported their development in Xinjiang and the tradition of ethnic minorities. China had done a good job of protecting these groups and the compilation of their heritage. China attached great importance to the legitimate interests and rights of women and children.
The Russian Federation, speaking in a right of reply, asked the Georgian delegation to provide statistical data for those individuals who had repatriated to Russia. Concerning South Ossetia and Abkhazia, one sided interpretations should not be presented as there was a need for a comprehensive approach in light of the political and legal realties that existed in the country.
Georgia, speaking in a second right of reply, said the Council was not the forum for an exchange of statistical data and although Georgia had no diplomatic relations with the Russian Federation, its Government had reiterated at multiple fora its readiness to engage on any issue and it would be happy to provide the data in any bilateral exchange. Georgia had not provided one sided opinions on the occupied Georgian regions of South Ossetia and Abkhazia as the sources were cited from multiple origins including Human Rights Watch.
Human Rights Bodies and Mechanisms
Documentation
The Council has before it studies by the Human Rights Council Advisory Committee on severe malnutrition and childhood diseases with children affected by noma as an example, on the enhancement of international cooperation in the field of human rights, and on the advancement of the rights of peasants and other people working in rural areas. (A/HRC/19/73, A/HRC/19/74, A/HRC/19/75)
It has before it the report of the Forum on Minority Issues (A/HRC/19/71**)
It also has before it the Report of the Social Forum (A/HRC/19/70**).
Presentation of Reports by the Forum on Minority Issues and the Social Forum
RITA IZSAK, Independent Expert on Minority Issues, updated the Council on the achievements of the Forum on Minority Issues to date. Participation in the Forum had been truly inclusive and exceeded expectations, with more than 400 participants at each session, including many minorities. The fourth annual session of the Forum, held in November 2011, addressed the issues of women and girls from minorities, who frequently experienced multiple forms of discrimination emanating from their status as members of minorities and as women and may be regarded as inferior by men in patriarchal societies. The Forum recommended that Governments collect accurate disaggregated data to allow for a greater understanding of the issues affecting minority women, including their socio-economic circumstances. Governments should also ensure that domestic legislation and access to justice was adequate to guarantee the protection of minority women. It was particularly important that the views of minority women were heard. Guaranteeing effective political participation for minority women not only ensured their participation in decision-making on issues directly affecting them but also helped ensure that society as a whole benefitted from their contribution and truly reflected its diversity. Ensuring equal access to quality education for women and girls from minority groups, who often suffered from high illiteracy levels, remained a considerable challenge.
Governments should lead by example and encourage the recruitment of minority women in public employment, including in senior positions. The Forum’s recommendations were directed to Governments, but importantly also to other actors including national human rights institutions, civil society, the United Nations system and the media. They were also aimed at minorities themselves who had a vital role to play in advocating for the rights of minority women.
MINELIK ALEMU GETAHUN, Chairperson-Rapporteur of the 2011 Social Forum of the Human Rights Council, said that the 2011 Social Forum had brought together around 250 participants from Member States, international organizations and international and national non-governmental organizations and had held seven panel discussions with 30 guest speakers. The expert panel deliberations ranged from addressing development challenges including climate change, the role of civil society in pushing for accountability in monitoring aid and development cooperation and the role of international law in the realization of the right to development. The participation of representatives of grassroots organizations in this Forum was a welcome feature. Many speakers reaffirmed that the right to development provided an integrated, holistic and coherent human rights based approach to the national and international dimensions of development. One priority recommendation was that the Council should advance the right to development in parallel with intergovernmental processes to help build a wider constituency through encouraging the broadest participation of civil society and all other relevant stakeholders in promoting the right to development. The Council should take the lead in mainstreaming multi-dimensional aspects of the right to development and all human rights in the mandate and programmes of all United Nations bodies and other intergovernmental organizations; and in making use of the right to development and all human rights as analytical tools in policymaking.
General Debate on Human Rights Bodies and Mechanisms
Denmark, on behalf of members of the European Union and other European States, said any new initiatives to the treaty body system should build on existing measures and should take into account the outcome of the High Commissioner’s treaty body strengthening process. The Special Procedures were the eyes and ears of the human rights machinery, and their independence and working methods should be scrupulously respected. European Union countries stood ready for the second round of the Universal Period Review process. The debate and recommendations of the Forum on Minority Issues were valuable and would help strengthen the rights of women and girls from minorities. The European Union was concerned about the vague concept of ‘traditional values’ which could particularly jeopardise the rights of women and girls.
China said it had always supported the Human Rights Council Advisory Committee and in particular its study on the enhancement of international cooperation in the field of human rights provided useful guidance for the international community. As to the Forum on Minority Issues, its report on guaranteeing the rights of minority women and girls was commendable and would help strengthen the rights of women and girls from minorities.
Kyrgyzstan recognized that the empowerment of minority women should be achieved by ensuring their effective participation in economic, social, political and cultural life and urged States to provide access to quality education for minority women and children. As a member of the Group of Friends United against Human Trafficking, Kyrgyzstan fully agreed that Governments should cooperate to end trafficking of persons, in particular women and children.
Cuba said the Social Forum was a unique space within the United Nations system that promoted dialogue among a range of stakeholders including grass roots organizations. Cuba would submit a draft resolution on the next topic for the Social Forum on development and globalization with a focus on people and hoped it would have the full support of the Council.
Hungary said it was imperative that representatives of ethnic and linguistic minorities could participate in the Forum on Minority Issues and proposed the rights of linguistic minorities as the next topic for the forum. The Council should reject intimidation or reprisals against individuals who had cooperated with the United Nations on human rights.
Costa Rica highlighted the work done by the Advisory Committee on the right to peace as Costa Rica’s domestic legislation codified the right to peace. States needed to take ownership of the process and Costa Rica supported an open ended working group on the right to peace.
Austria said that women and girls belonging to minorities had unique challenges and often faced multiple forms of discrimination; they were frequently given lower priority for efforts made to ensure minority rights in general. Austria hoped that events planned for 2012 to mark the twentieth anniversary of the Declaration on the Rights of Persons Belonging to Minorities would have a positive impact.
Uruguay highlighted the importance of the work of the Advisory Committee, particularly the study on promoting the rights of peasants, which was of particular relevance to Uruguay. Peasants produced and harvested food stuff but had the greatest difficulty in accessing food. Rural women were most exposed to hunger and poverty. Uruguay pointed out that the study on how ‘traditional values’ could contribute to better access to rights should be guided by the Vienna Declaration.
Switzerland noted the very serious situation of malnourished children, which had been examined by the Human Rights Council Advisory Committee. The situation of malnourished children – always the most vulnerable – was very worrying. Special efforts should be made to implement the rights of agricultural workers and ensure that their rights were fully met.
Ecuador welcomed the study on promoting the rights of farmers and others working in rural areas which had come at a crucial time in the middle of a global food and economic crisis. It was vital that a new Special Procedure was created to promote and protect the rights of peasant farmers and others who worked in rural areas. Ecuador had actively participated in the Social Forum and encouraged other Member States to participate in this unique platform.
Kuwait said the right to development was a crucial foundation whose full realization would allow all countries to build a prosperous society. The Government of Kuwait had ensured the rights of all citizens to food and housing without any discrimination. The Kuwaiti Fund for Economic Development had assisted neighbouring countries in achieving economic development.
Morocco said the Social Forum had played the role of a catalyst in the promotion of human rights. The Government of Morocco combated poverty and social exclusion to ensure the effective realization of the right to development for all sectors of society. The full right to development could only be achieved through international cooperation and assistance.
Bolivia said that 80 per cent of the population suffering from hunger in the world were food producers themselves. They lived mainly in mountain areas, and had no access to credit, irrigation or farm machinery. Bolivia was introducing in the Constitution a human right to food and to water in order to ensure the progressive implement of all human rights. Bolivia supported the work of the Advisory Committee and appealed to States to uphold its work in the area of peasant farmers.
Luxembourg said that women farmers were particularly discriminated against and noted that they represented 70 per cent of the hungry in the world. Small farmers were often expelled from their lands in the global phenomenon of land grabbing; forced to leave without any compensation for their lands, homes and goods. The new international instrument supported by the Special Rapporteur on the right to food might assist the international community in reinforce the action against hunger.
Venezuela said that the Advisory Committee was making progress in the Declaration on the right of people to peace which Venezuela supported. Venezuela denounced the heavy burden of foreign debt which weighted heavily on the people of the South. There was a need for an international instrument that would reflect all principles in the United Nations Declaration on the right to development.
Ethiopia said that the right to development was key to the enjoyment of all other human rights and fundamental freedoms. Ethiopia had adopted a rights-based approach to development in order to account for democracy in development. The Federal Constitution recognized sustainable development in particular and people’s right to consultation about projects that might affect their communities.
South Africa commended the Advisory Committee’s report on the rights of peasants and people working in rural areas, which reflected the experience of the majority of South Africans who were relegated to the periphery of society, dispossessed of their land and forced to live in abject conditions of poverty by the brutal system of Apartheid. For that reason South Africa prioritized rural development and land reform, and declared 2012 the Year of Infrastructure Development to create decent jobs for all, including the rural poor.
Council of Europe recalled that in December 2009 the Council of Europe had organised in Strasbourg the first Regional Seminar for Europe. The wide-range of ideas produced in subsequent seminars, particularly that of last December, were not only of good value but also examples of good practice. The Council also spoke about the work of the European Committee for the Prevention of Torture, which had human rights at its heart.
International Service for Human Rights was highly concerned by reports of harassment and intimidation of human rights defenders present in Geneva for this session of the Council. The Council should continue to assert the right of every human rights defender to participate in the work of the Council and its mechanisms without fear of reprisal.
World Vision International, speaking in a joint statement, said chronic malnutrition in early childhood took its toll on health and development later in life. Governments should adopt a rights-based approach to nutrition and secure the implementation of an adequately resourced national minimum package of direct nutritional interventions.
Centre for Environmental and Management Studies said States should cooperate with the global human rights community to reform their polity so that religious minorities living in countries where they experienced oppression could take pride in their citizenship. Impartial judicial systems should be instituted to create an environment where minorities could live in dignity.
Foodfirst Information and Action Network said that increased land grabbing for monoculture plantations, logging, mining and other extractive industries had been destroying livelihoods and food sovereignty. The final study of the Advisory Committee called attention to the vulnerable groups among the peasants who were victims of discrimination and human rights violations.
Japanese Workers’ Committee for Human Rights said that Japan was excluding Korean schools from the system of making school tuition free and stopped or reduced subsidies to those schools. Koreans in Japan were a minority that had been forced to come to Japan under the colonial rule. It was the responsibility of Japan to provide appropriate compensation to the Koreans in Japan.
International Association of Peace Messenger Cities said that civil society had contributed to the Declaration on the right to peace; civil society believed that the term “human right to peace” was more comprehensive. The Association urged the Council to establish an open ended Working Group that would continue codification of the right to peace.
Human Rights Advocates raised the adverse impact of prisoner disenfranchisement laws on minorities. The right to vote was a fundamental human right, but laws restricting any person who had been imprisoned in the past from voting often had a disproportionate effect on minorities. In the United States an estimated 5.3 million citizens could not currently vote due to such laws, and approximately two million of those had completed their sentences. By contrast South Africa and Canada allowed even incarcerated people to vote. It was estimated that a third of the next generation of African-American men would not be allowed to vote.
France Libertés, in a joint statement, said persecution and criminalization had been applied by Governments of the Americas to silence indigenous peoples. Such concerns were prevalent in Brazil and Chile, and had been outlined by the Special Rapporteur on the rights of indigenous peoples, but unfortunately States could overcome legal norms under the International Labour Organization when working with international companies.
Reporters Without Borders said numerous journalists fled their countries in the face of arbitrary convictions and arrests. Journalists were identified as enemies by the regimes they were escaping from and their names, voices and faces were publicised on State television. Governments who forced those journalists to flee continued to monitor them in exile. The Council must recognize that traditional means of protection for members of the media and human rights defenders were inadequate and take measures.
United Nations Watch said that United Nations Watch was denied its right to speak at the Forum on Minorities concerning those minorities subjected to forced labour, including the Uyghur of China, the Burmese Kachin and the Baluchi of Iran due to a denial of basic procedure and due process at the Forum.
International Union of Latin Notaries said that secure access to land was at the heart of the work of notaries who, as public officers, provided support to the most vulnerable. The food crisis had exacerbated the situation of rural peasants, especially minority women, and a new international instrument was needed to protect the rights of farmers and peasants.
International Association of Democratic Lawyers said that hunger was primarily the result of political factors that condemned small farmers to poverty, including insufficient access to land, water and credit. Around 952 million people suffered chronic hunger; 80 per cent lived in rural areas and 50 per cent were landless families who survived as tenant farmers.
Centre for Human Rights and Peace Advocacy said that the Dalits’ were highly vulnerable, lived on less than one meal per day and had no access to services. They were exploited every day by high caste people.
African Association of Education for Development said that the new global land grabbing phenomena caused the displacement of hundreds of thousands of displaced farmers who lost their lands. When whole populations were forced into rural exodus, it was girls and women who paid the heaviest price and were victims of human rights violations including human trafficking, prostitution and other forms of exploitation.
Liberation said that in north-eastern states of India peace and tranquillity were non-existent. The lack of international attention gave the armed forces a free hand to commit human rights violations with impunity. The Government of India and the international community should take action and address this situation.
International Buddhist Relief Organization said the final report prepared by the Advisory Committee highlighted the plight of peasants in a number of countries. Indian peasants, whenever they raised their voice for legitimate rights through peaceful means, were violently assaulted by the police.
North South XXI said the interrelatedness, interdependency and indivisibility of human rights was no better exemplified than in the legal duty of States to ensure the right to development. The Council ignored and sometimes belittled the plea that the Social Forum create a Special Rapporteur on human rights and climate change.
International Association of Schools of Social Work urged all governments to give .7 per cent of gross domestic product in pursuit of the Millennium Development Goals and insisted that human rights language be included in these goals. International distributive justice was a human right.
International Association for Democracy in Africa said that multi-religious societies who had lived in harmony were now subject to discrimination based on their religion and gender. The growth of religious fundamentalism was the direct result of the actions of Members States to promote nation building.
Centrist Democratic International Indian Council of South America said that land grabbing for bio-fuels was a critical issue because it impinged on the enjoyment of the rights of minority persons. Bio-fuel strategies increased carbon emissions and global hunger. International land acquisition should be regulated to protect the rights of minorities.
Indian Council of South America said that the right to self-determination of peoples, including the collective rights of indigenous people, should not be ignored by Member States. Indigenous people were invested with the right to self-determination based on their history and not because the State had given them this right.
International Committee for the Indians of the Americas said that a self-designated team of representatives of indigenous people had met with the United Nations and delivered a signed and sealed Copenhagen Declaration. The non-governmental organization denounced this way of creating representation and not allowing sufficient time for consultations with indigenous peoples and the elders.
Right of Reply
Ethiopia, speaking in a right of reply, said that allegations made by non-governmental organizations were misleading, inaccurate and one-sided. The land was a pubic property and could not be sold or exchanged. Peasants were constitutionally guaranteed the right to acquire land and Government actions were implemented in accordance with the Constitution and the democratic principles. The process was conducted with the full information and consent of the beneficiary. There was no sale of land or land grabbing in Ethiopia.
For use of the information media; not an official record
HRC12/036E