HUMAN RIGHTS COUNCIL OPENS THIRD SESSION

The Human Rights Council this morning began its third session, hearing a message from United Nations Secretary-General Kofi Annan, which was delivered by the United Nations High Commissioner for Human Rights Louise Arbour, who also briefed the Council on her recent missions and activities.

In his message, the Secretary-General said that since their first session in June, the Human Rights Council had been very active – holding three special sessions as well as two regular ones. The Council had focused especially on the Arab-Israeli conflict, which indeed had escalated during these months in ways that caused deep concern to all. He hoped, however, that the Council took care to handle this issue in an impartial way, and did not allow it to monopolize attention at the expense of others where there were equally grave or even graver violations. There were surely other situations, besides the one in the Middle East, which merited scrutiny by a special session of this Council. The Secretary-General suggested that Darfur was a glaring case in point.

Ms. Arbour offered an overview of the missions that she had undertaken since the second session of the Council as well as updates and thoughts on countries and themes that continued to engage her attention and work. Her missions had taken her to Haiti, Israel and the Occupied Palestinian Territory, Germany and Canada.

On Haiti, Ms. Arbour said the general human rights situation was a matter of serious concern with regard to all rights. The human rights situation in the occupied Palestinian territory was grave and worsening, within a general climate of impunity. The High Commissioner also spoke about recent developments in Nepal, Sri Lanka, Iraq and Darfur.

Speaking this morning in an interactive dialogue with the High Commissioner were the representatives of Algeria on behalf of the African Group, Finland on behalf of the European Union, Japan, Pakistan on behalf of the Organization of Islamic Conference, Germany, India, Indonesia, Switzerland, Republic of Korea, Morocco, Mexico, Canada, Bahrain on behalf of the Arab Group, Sri Lanka, China, France, Bangladesh, Uruguay, Russian Federation, United Kingdom, Tunisia, and Azerbaijan.

The Council also adopted its draft agenda, and its programme of work during the meeting, which started immediately after the Council concluded its second session.


When the Council meets at 3 p.m. this afternoon, it will continue its interactive dialogue with the High Commissioner. It will also hear statements by the Special Adviser to the Secretary-General on the Prevention of Genocide, Juan E. Mendez, and the Minister of Foreign Affairs of the Maldives, Ahmed Shaheed.


Message of the United Nations Secretary-General

KOFI ANNAN, United Nations Secretary-General, in a statement read out on his behalf by LOUISE ARBOUR, the United Nations High Commissioner for Human Rights, said that since their first session in June, the Human Rights Council had been very active – holding three special sessions as well as two regular ones. The Council had focused especially on the Arab-Israeli conflict, which indeed had escalated during these months in ways that caused deep concern to all. The Secretary-General was glad to note that the High Commissioner was also paying close attention to developments in the Middle East, and that the Council would be hearing a report from her on her recent visit to Israel and the occupied Palestinian territory.

The Secretary-General hoped, however, that the Council would take care to handle this issue in an impartial way, and would not allow it to monopolize attention at the expense of others where there were equally grave or even graver violations. There were surely other situations, besides the one in the Middle East, which merited scrutiny by a special session of this Council. The Secretary-General suggested that Darfur was a glaring case in point.

The Secretary-General asked Member States to not let themselves be split along the fault line between north and south – between developed and developing countries – as their colleagues had done in some other parts of the system, with results inimical to progress. States that were truly determined to uphold human rights must be prepared to take action even when that meant, as it sometimes would, giving offence to other States within their own region. Only by showing such courage and rigour could the Human Rights Council avoid disappointing the many people around the world who looked to the United Nations for support in their struggle for human rights, and driving them to turn elsewhere.

The Secretary-General said that the great challenge for the Council was to find a way to embrace the universality of rights while at the same time addressing specific human rights situations. That was why he strongly believed that the Council must preserve and strengthen the system of Special Procedures – the crown jewel of the system – while also developing a robust universal periodic review. It must be careful to avoid any innovation that would erode or undermine the independence of the Special Procedures, or of the High Commissioner and her staff.


Statement of the High Commissioner for Human Rights

LOUISE ARBOUR, United Nations High Commissioner for Human Rights, offered an overview of the missions that she had undertaken since the second session of the Council as well as updates and thoughts on countries and themes that continued to engage her attention and work. Her missions had taken her to Haiti and to Israel and the Occupied Palestinian Territory. In the past two months, she also had the opportunity to go to Germany and to Canada where she held very productive talks and raised issues of both local and multilateral concern, such as discrimination and the need to uphold human rights in the context of international migration and counter terrorism.

Turning to Haiti, the High Commissioner said the general human rights situation was a matter of serious concern with regard to all rights. Though more was being said about civil and political rights, such as arbitrary detention and extrajudicial executions, the general population suffered from violations of their economic and social rights in an equally severe way. Most people lived in extreme poverty.

The High Commissioner said she also visited her field offices in the Occupied Palestinian Territory. In conjunction with this, she was happy to accept an invitation from the Government of Israel to visit that country. Her visit occurred against a backdrop of increasing violence, tragically typified by the killing of at least 18 Palestinian civilians by Israeli artillery in Beit Hanoun earlier in the month, as well as the regular firing of Qassam rockets into Israel, which, during her visit to Sderot, killed one civilian. The human rights situation in the occupied Palestinian territory was grave and worsening, within a general climate of impunity.

With regard to other situations, Ms. Arbour said that concerning Nepal, the recent peace agreement reached by the parties was a crucial step towards setting the foundations for democratic transition in which the protection and promotion of the human rights of all Nepalese should be central. Moreover, the peace agreement directly conferred to OHCHR the mandate to monitor its extensive human rights provisions, which would undoubtedly strengthen the impact of its activities. Ending impunity remained one of the biggest human rights challenges for Nepal to be addressed.

In Sri Lanka, the High Commissioner said the Office had actively provided advice to the Government on the terms of reference for the Commission of Inquiry into killings and disappearances and on the role of the International Independent Group of Eminent Persons that would observe its investigations.

In Iraq, despite the Government’s efforts to address the deteriorating human rights situation, violence had reached unprecedented levels. In many parts of the country, scores of civilians were willfully killed and injured every day. Ever growing unemployment, poverty, discrimination and diminishing access to basic services severely affected economic and social rights. The inability of law enforcement agencies and the justice system to protect the Iraqi population had further reduced confidence that perpetrators would be held accountable.

Regarding Darfur, Ms. Arbour said the Government of the Sudan and militias aligned with them, and some still actively supported by them, continued to be responsible for the most serious violations of international human rights and humanitarian law. The crisis in Darfur had also spilled over into Chad and the Central African Republic. Attacks similar to those carried out by armed groups in Darfur had resulted in the death of scores of civilians, and massive displacement in eastern Chad. Attacks on villages, killing of civilians, rape and the forced displacement of tens of thousands of civilians went on unabated, and had now reached in Darfur the horrific levels of early 2004.

Interactive Dialogue with the High Commissioner for Human Rights

IDRISS JAZAIRY (Algeria), speaking on behalf of the African Group, said the High Commissioner was to be thanked for her address on the situation of human rights. In particular the length of the statement on Darfur, was noted, as the High Commissioner had written five paragraphs on Darfur and only one on Iraq. The second session of the Council had adopted a decision on Darfur, which addressed the legitimate concerns all had on the serious situation of human rights in the region. The alleged links between the Government of Sudan and militias referred to by the High Commissioner had yet to be objectively documented. However, it was clear that a cycle of violence was developing in which rebels and other groups engaged in retaliation and counter-retaliation. This had to stop, as civilians were being deprived of their lives and livelihoods. Likewise, sequestering innocent civilians at gunpoint in camps for internally displaced persons was an unacceptable violation of human rights which needed to be mentioned.

The resolution of the African Group had called for enhancing accountability and reducing impunity, and the Government of Sudan was cooperating actively with the International Criminal Court in this regard. Recent positive developments were also welcomed. The situation in Western Darfur was improving, and the recent consultations had re-energised the political process. The Darfur situation, although a humanitarian issue, had been heavily politicised, due to those who wished for increased tutelage over Sudan. The ultimate assessment of the situation rested with the African Union force commander on the ground, and the United Nations should back up their efforts to enhance peace, which was the only way the situation could be improved durably.

VESA HIMANEN (Finland), speaking on behalf of the European Union, said that the European Union welcomed this interactive dialogue with the High Commissioner for Human Rights as it was meaningful to conduct a discussion on relevant human rights issues. The European Union welcomed the recent cease-fire adopted in the Middle East, but it continued to express concern over the human rights situation in the area. It called for an immediate cessation of hostilities and for the parties in the conflict to return to the negotiating table. The European Union appreciated the work of the High Commissioner in reporting and keeping the Council up-to-date on the situation in the Middle East. With reference to Darfur, the European Union asked the High Commissioner for her comments on how to bring to justice all those responsible for atrocities there. In addition, the European Union expressed deep concern over the human rights situation in Sri Lanka, and called for addressing the question of impunity promptly.

ICHIRO FUJISAKI (Japan) said Japan endorsed the message of the UN Secretary-General and the issues he had dealt with. With regard to the High Commissioner’s statement, in which she referred to the situation in the Occupied Palestinian Territories, Japan was concerned about the human rights situation in the Middle East. Japan supported a peaceful settlement of the conflict based on a two-State solution. Japan was also contributing to the peaceful settlement of the conflict in Darfur. In Sri Lanka, Japan had taken note that an inquiry commission was set up to investigate the killings and disappearances of persons, and that the Government was cooperating with the Office of the High Commissioner. In Nepal, as the High Commissioner stated, the situation had been positively evolving following the signing of the comprehensive peace agreement between the Government and the Maoist Movement.

TEHMINA JANJUA (Pakistan), speaking on behalf of the Organization of the Islamic Conference (OIC), said in the statement of 23 November 2006 on her visit to Palestine and the Occupied Palestinian Territories and Israel, the High Commissioner had validated the concerns of the Human Rights Council and the international community on the situation of human rights in the Occupied Palestinian Territories, which stemmed from decades of occupation. Her assessment of that situation was agreed with, but the situation was particularly acute in the occupied territories. Accountability should be available for the Palestinians, so they could access institutions, and gain redress in compliance with international law and appropriate and remedial action. The right to freedom of movement was seriously compromised, and urgent attention should be paid to those in prison, captured or otherwise detained. It was hoped the recommendations of the High Commissioner and those of the Special Rapporteur on the situation of human rights in the Occupied Palestinian Territories would help address the human rights situation and address the profound feeling of abandonment that prevailed in the region. The occupiers and the occupied could not be equated, and there should be a just political resolution of the situation in the Middle East. The recent ceasefire was welcomed on these grounds.

The framework had prepared the ground for overall improvement of the situation in Sudan. The adoption of the resolution of the Council on Darfur would hopefully address the concerns of the international community on the situation in that region. During the past two weeks, there had been useful discussions in the Working Groups on the review of mandates and others.

MICHAEL STEINER (Germany) said that Germany fully endorsed the statement of Finland and other delegations in thanking the High Commissioner for Human Rights for her report. Germany continued to fully support the efforts of the High Commissioner. It was deplorable that the Human Rights Council was not able to reach consensus over the situation in Darfur. The text did not address a number of questions, including proper follow up procedures. The situation in Darfur was deteriorating, in the words of Ms. Arbour, and militias in conjunction with the Government of Sudan continued to commit atrocities. Germany said that the message of the Secretary-General was crystal clear on this matter. Hence, the Human Rights Council should address the serious human rights situation in Darfur.

SWASHPAWAN SINGH (India) said that there had been criticism about the functioning of the Council and some attempts had been made to pronounce judgement about its very future. It had been said that the Council was not different from its predecessors and suffered from the same shortcomings. That, while deliberating on substantive issues, the Council reminded the delegates of the former Commission on Human Rights. That should not be a surprise because the Council had been deliberating and pronouncing on substantive issues using the same mechanisms that it inherited from the former Commission. It had neither had the time, nor the opportunity so far, to develop its new mechanisms or to review and improve the existing mechanisms, which would enable it to deal with complex and sometimes, sensitive issues in a non-selective and non-confrontational manner. It was therefore, premature, to pronounce judgement on the Council which was in a transitional phase and was actually a work-in-progress.

All should be positive about the new Human Rights Council that one was collectively working to define and construct. If Council members were serious about their commitment to develop the Council as a forum of dialogue and cooperation, they should make best use of the limited time available to the participants and devote their constructive energies and invest political capital in the process of institution building. It was in that perspective that India would be participating in the deliberations during the third session.

SUNU MAHADI SOEMARNO (Indonesia) said the cause of the protection and promotion of human rights would be better served by adhering to the principles of transparency and mutual respect. Country visits and missions such as those carried out by the High Commissioner should be undertaken first and foremost in accordance with her given mandate, as well as at the request or invitation of the United Nations Member States concerned, or as mandated by the Council. Her recent visit to Israel and the Ocupied Palestinian Territory was commended. In view of the extreme pitch of violence that events had reached in the last few months in the region, this visit did not come one moment too soon to bring some hope to a population in despair. The parties to the conflict were urged to renounce violence and any aggression targeting defenceless civilians.

On the situation in Darfur, all parties concerned as well as the international community were urged to work actively to implement and strengthen the Abuja Peace Agreement. With regards to specific country issues, great importance was attached to the principle of transparency, non-selectivity and impartiality in the handling of such issues. By observing these criteria and by giving countries experiencing difficulties the benefit of logistical support in a spirit of cooperation, better results were achieved. The international community should continue to give such countries support in their efforts to redress the situation, while encouraging them to abide by their obligations to respect the human rights of all their citizens at all times.

BLAISE GODET (Switzerland) said Switzerland remained very concerned over the human rights situation in Sudan, and called upon all parties involved in the conflict to abide by international law, in particular humanitarian law. It also called for the protection of humanitarian personnel, and for the conduct of peaceful negotiations. Switzerland called on all parties to restart negotiations, and find a political solution to the conflict there. Switzerland asked the United Nations High Commissioner for Human Rights on how she considered strengthening her monitoring of the human rights situation in Darfur.

With reference to Sri Lanka, Switzerland called for transparency in the work of the Commission of Inquiry recently established. It asked the United Nations High Commissioner how she thought this Commission would cooperate with the work of the High Commissioner. Switzerland also expressed concern over the situation of child soldiers in Sri Lanka and asked the High Commissioner whether she would undertake some actions on this matter before the issuing of the report of the Special Rapporteur on this issue.

HYUCK CHOI (Republic of Korea) said the Republic of Korea believed that dialogue between the parties in the Middle East would be a fruitful sign. The truce observed between Israel and Palestine should also be encouraged. The Secretary-General should stress the need to respect the truce. The ceasefire should also be extended to the West Bank. The four ambassadors who served as facilitators with regard to the situation in Darfur were thanked for their work. A mechanism should be designed to oblige States to heed to the concerns of the international community with regard to human rights violations. If the Council was to be considered as a credible body, if should react promptly to situations of human rights violations. What could the Council do in order to tackle the serious crisis in Darfur?

MOHAMMED LOULICHKI (Morocco) said the update provided by the High Commissioner on the situation in the Occupied Palestinian Territories made it clear that this was a serious situation which continued to deteriorate in a climate of impunity. The fundamental rights to health, education and a decent life were being violated in the Occupied Palestinian Territories, due to the Israeli occupation. It was this occupation and its continuation which lay at the origin of the deplorable humanitarian situation in which the Palestinian population was kept. It was high time that an end was put to the occupation by the relaunch of a genuine and internationally-backed peace process with the withdrawal of Israel from the occupied territories and the creation of a genuine and viable Palestinian State. A lasting and negotiated solution was required.

Regarding Darfur, Morocco hoped that the resolution adopted by the Council on this issue would contribute to dissipate concerns on the situation there. The worthy efforts undertaken by the Sudanese Government to provide the international community with the opportunity to gather first hand information in the area were welcomed. The Working Group on modalities was progressing in its work, with the presentation of concrete proposals. Preliminary conclusions of the Working Group would be disseminated today, reflecting points of agreement and points on which discussions should continue.

PABLO MACEDO (Mexico) said it was important that High Commissioner for Human Rights Louise Arbour addressed the Human Rights Council on a regular basis. Mexico also welcomed the message by the Secretary-General. It supported the concept that the responsibility to uphold human rights went beyond the task of Member States. Mexico said that with reference to the High Commissioner’s visit to the Occupied Palestinian Territory and Israel. It highlighted the importance of her meetings with the families of some of the survivors, putting hence the emphasis on the need to protect civilians caught up in armed conflicts. Mexico believed that the Human Rights Council had an important role to play in making use of the human rights machinery to protect civilians. Furthermore, Mexico noted with great concern the deteriorating human rights situation in Darfur. It was important for the international community not to spare any efforts to contribute to bring peace to the region.

PAUL MEYER (Canada) said Canada was alarmed by continued human rights violations in Darfur and called for an end to these practices. The culture of impunity should be halted. The civilian population in Darfur had been suffering from the conflict. The Council should be guided by the Secretary-General views of the situation in Darfur. The ongoing recruitment of children in Sri Lanka was also a concern to Canada. The Government of Sri Lanka should ensure the protection of civilians and unhindered access by intenternational humanitarian organizations. The establishment of the inquiry commission was a good sign. In Haiti, Canada expressed concern about the continued human rights violations. In order to uphold human rights and the establishment of the rule of law, Canada had accorded financial assistance to Haiti. With regard to Israel and the occupied Palestinian territories, Canada believed that Israel had the right to defend itself from the rockets that were being launched by the Palestinians. The rights of the Palestinians should also be respected by Israel. Canada was in favour of a peaceful settlement of the situation.

ABDULLA ABDULLATIF ABDULLA (Bahrain), speaking on behalf of the Arab Group, said the report of the High Commissioner was very interesting, in particular on the situation in Israel and the Occupied Palestinian Territories. The report contained an analysis of human rights violations in the Occupied Palestinian Territories, and the recommendations contained therein were supported, as were the rights of Palestinians to move freely throughout the territories and visit Jerusalem in peace and security. The Israeli authorities should put an end to their discrimination against individuals and put an end to the practices impeding the economic, social and cultural rights of the Palestinians. The cease-fire was appreciated, and it was hoped it would lead to a just and lasting peace, allowing the two States to live side by side in peace and harmony.

The Darfur Peace Agreement was also supported. The Sudanese Government was fighting for peace and stability in Darfur, and the Agreement should contribute towards stabilising the situation in the region. Parties that had not signed the Agreement should do so. The invitation of the Sudanese Ambassador to visit the region to observe the situation should be appreciated. Violence had reached unprecedented levels in Iraq, and this had an effect on the whole Middle East. The international community should help Iraq, in particular in efforts for national reconciliation.

SARALA FERNANDO (Sri Lanka) said that like other Member States, Sri Lanka had faced the brunt of terrorism since many years and had always been committed to the protection of human rights while combating terrorism. It was in this context that Sri Lanka informed the Human Rights Council of progress made in the establishment of the Commission of inquiry on 3 November by the President of Sri Lanka to inquire and investigate into a number of alleged serious violations of human rights which had occurred since 1 August 2005.

On issues of humanitarian access, Sri Lanka continued to provide essential supplies by its own efforts to all people affected by the conflict. A Consultative Committee on Humanitarian Assistance had been established where the Government and all stakeholders, including the United Nations and the ICRC, met regularly to address any outstanding issues. Sri Lanka had also recently proposed the creation of safe heavens for internally displaced persons in Vakarai to prevent sad incidents such as at Kathiraveli, which arose when the LTTE used innocent civilians as human shields.

LI NAN (China) said China had learned the information of the High Commissioner’s visits to some countries, including Palestine and Israel. The Office of the High Commissioner should coordinate closely with the Human Rights Council and other UN bodies. The Office of the High Commissioner for Human Rights should provide technical assistance to the States concerned in accordance with the resolutions of the Human Rights Council and other UN bodies.


JEAN-MAURICE RIPERT (France) said the report of the High Commissioner was detailed and precise. With regards to Darfur, a statement had been made yesterday to express France’s concern about the deterioration of the situation, whose first victims were women and children. As stressed in the High Commissioner’s report, the situation was terrible in nature, and the international community should react urgently to put an end to all violence, whatever its origin, and bring those guilty of violating human rights before an international court of justice. The human rights situation in Darfur should be examined during a special session of the Council, which should meet the hopes place in it by the peoples of the world.

TOUFIQ ALI (Bangladesh) said that Bangladesh favoured an institutional relationship that could be developed between the Human Rights Council and the Office of the United Nations High Commissioner for Human Rights for better cooperation and coordination. Bangladesh would welcome a paper from the High Commissioner’s Office on the elements of such a relationship for consideration at a future session of the Council. In addition, Bangladesh stated that the support, guidance and oversight by the Council should be important to the Office of the High Commissioner to carry out its mandated activities efficiently and effectively. A better picture of the Office’s budgetary requirements, for instance, would enable Member States to seek adequate financial support to this body. It would also ensure effective and greater transparency in the Office.

Bangladesh strongly believed in the indivisibility, universality, non-selectivity and interdependence of all human rights. It had consistently underscored the need for a more balanced approach with emphasis on economic, social and cultural rights, in particular the right to development. The realization of the right to development assumed particular relevance in the context of poverty and marginalization and the uneven distribution of the benefits of globalization. It was essential to reach consensus to operationalize the right to development in all its aspects, and to complement national efforts of the developing countries by enhanced international cooperation.

RICARDO GONZALEZ ARENAS (Uruguay) said Uruguay supported the efforts of the High Commissioner. The building of institutions and the improvement of human rights mechanisms, which the High Commissioner referred to, were significant to Ecuador. Such instruments would ensure credibility and transparency of the Council and the Office of the High Commissioner. In order to honour its commitment, the Council should work in transparency while dealing with human rights situations. The existing human rights instruments in the Commission on Human Rights had helped Uruguay to rehabilitate itself from the situation in which it lived with regard to human rights violations.

SERGEY CHUMAREV (Russian Federation) said the High Commissioner’s briefing on her recent visits to various countries and the activities of the Office were very interesting. With regards to the way in which the High Commissioner could promote the implementation by the occupation force in Iraq of its obligations under international humanitarian law, could clarification be provided? Further, what was happening in Darfur, and what methods were being used by the Commission to determine this, he asked, and how was the comparison made between the current situation and the situation in 2004, when the situation had been referred to as genocide.

NICHOLAS THORNE (United Kingdom) said the United Kingdom remained deeply concerned over the situation of human rights in Sri Lanka. It noted with satisfaction the establishment of the Commission of Inquiry that would investigate alleged violations of human rights. With reference to the situation in the Middle East, the United Kingdom welcomed the cease-fire between Israel and Palestine. It hoped the ceasefire would provide the opportunity to resume negotiations and attain a two-state solution.

On Iraq, the Government of Iraq should receive the support of the international community to tackle the difficult situation there. Turning to Darfur, the United Kingdom endorsed the message of the Secretary-General to address the dire human rights situation there, and also supported the holding of a special session on this matter. The United Kingdom regretted the fact that they could not reach consensus over the resolution voted upon yesterday. The UK thought that there was different access to information that resulted in different points of view from delegations. In that respect, the United Kingdom asked the High Commissioner to offer more information to the Council to address these information discrepancies arising over the human rights situation in Darfur.

SAMIR LABIDI (Tunisia) said the visit the High Commissioner carried out to the occupied Palestinian territories was very important. The rights of Palestinians to security, to housing and to life had been highlighted. The Fourth Geneva Convention on the protection of the civilians had been systematically violated by Israel. Tunisia called on both sides to abide by the relevant Security Council resolutions. Israel should allow Palestinians to live in peace. In order to strengthen the Council, all countries should cooperate and contribute to make it a reality in dealing with human rights violations.

ELCHIN AMIRBAYOV (Azerbaijan) said on Darfur, the Sudanese initiative to reach out to Council members was welcomed, and one should refrain from depicting the situation in black and white terms, and the opportunities, rather than the failures of the ongoing efforts to improve the situation, should be focussed upon. The Council should examine how it could be useful in addressing the situation, and assisting the legitimate Government of Sudan to address the challenges it faced, and improve the situation on the ground, in a cooperative and non-confrontational manner. While addressing human rights situations in various countries, there should be a forward-looking and non-confrontational approach.

On the improvement of the human rights machinery, it was crucial for the importance of the work of all Working Groups to be efficient. The Council needed to succeed in the task before it. The dedicated efforts made by the facilitators were approved, and all should work in a timely and efficient manner to address the challenges before them.

For use of the information media; not an official record


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