HUMAN RIGHTS COUNCIL OPENS NINTH SESSION AND HEARS ADDRESS BY NEW HIGH COMMISSIONER FOR HUMAN RIGHTS

The Human Rights Council this morning opened its ninth regular session by hearing the new High Commissioner for Human Rights, Navi Pillay, in her first public address say that her priority would not be the ranking of various human rights, but rather their implementation on the ground in a way that affected and improved the lives of men, women and children.

The High Commissioner, who took up her post on 1 September, said she was mindful of, and humbled by, the magnitude of the tasks ahead, as well as eager in her new capacity to contribute to promoting and protecting human rights equality and justice for all. The current year marked a series of important anniversaries, which represented rallying points for the human rights community, as well as opportunities to galvanize others into action. The sixtieth anniversary of the Universal Declaration of Human Rights was one of these. It offered an occasion to reflect on the progress made over the past six decades. At the same time, one had to focus on the challenges that remained in bringing to reality the comprehensive vision of human rights set forth in the Universal Declaration. This vision was a beacon of hope for the future - it contemplated a world with the full realization of civil, political, economic, social and cultural rights without distinction.

Ms. Pillay said that she would work for common recognition of the interdependence of all sets of rights. Her priority would not be the ranking of various human rights, but rather their implementation on the ground in a way that affected and improved the lives of men, women and children. Also, the human rights treaty bodies and the Special Procedures mechanisms that had been developed by the United Nations played an equally important role in their efforts to create a global culture of human rights. She wanted to use the influence of her Office to promote implementation of human rights treaties, as well as to encourage their universal ratification. The United Nations had recognized that development, security, peace and justice could not be fully realized without human rights. Welfare rested on each and all of these pillars.

Ambassador Martin Ihoeghian Uhomohbhi of Nigeria, President of the Human Rights Council, welcomed Ms. Pillay. He said the Council had entered, with its third cycle, the phase of implementation. Looking ahead, he saw that the March 2009 session would be heavier than usual, and that their efforts to distribute issues in a coherent and even manner throughout the year had not been fully effective. He believed they should revisit the issue with a view to ensuring a proper and fair consideration of substantive and technical matters during their three yearly sessions. He also believed that there was a real need for the business of the Council to be conducted in a spirit of candour, transparency and mutual respect for the viewpoints of others.

No human rights issues should be off-limits for the Council, Mr. Uhomohbhi said. While they must continue to insist that all human rights issues be given an open and fair hearing, they must also recognize that their work in the Council was primarily to promote and protect human rights for all people; to improve the human rights situation of victims, and not merely to condemn and to name and shame. As for the relationship between the Office of the High Commissioner on Human Rights and the Council, this needed to be strengthened through cooperation and collaboration. Both institutions must, therefore, continue to support and complement each other for the advancement of human rights.

In the ensuing general debate, States warmly welcomed the new High Commissioner for Human Rights. Her broad experience, which she had acquired while fighting against the apartheid in South Africa, as well as for the equality of women, and her work at the Rwanda Tribunal, were believed to make her the most suitable person for this post. The important role of the Office of the High Commissioner for Human Rights in the promotion and protection of human rights was underlined; the work done by field offices was also welcomed. Several States reiterated their support for the preparation process for the upcoming Durban Review Conference and underscored the importance of the participation of all in this process. Turning to the upcoming sixtieth anniversary of the Universal Declaration of Human Rights, States said that this was an important milestone. Much had been achieved in all these years, but much remained to be done.

Speaking in the general debate were Pakistan on behalf of the Organization of the Islamic Conference, France on behalf of the European Union, Chile on behalf of Group of Latin American and Caribbean Countries, Egypt on behalf of the African Group, Cuba on behalf of Non-Aligned Movement, Morocco on behalf of the Arab Group, South Africa, Russia, China, Germany, Indonesia, India, the United Kingdom, Switzerland, Japan, Canada, Brazil, the Philippines, Malaysia, Argentina, Bangladesh, Senegal, Italy, Slovenia, Nigeria, Nicaragua, Bahrain, the Republic of Korea and Ghana.

When the Council reconvenes this afternoon at 3 p.m. it is scheduled to conduct the drawing of lots for the selection of Troikas for the third, fourth and fifth sessions of the Universal Periodic Review Working Group and the order of review for the fourth and fifth sessions. It will continue its general debate at 10 a.m. on Tuesday, 9 September.

Opening Statements

MARTIN IHOEGHIAN UHOMOIBHI, President of the Human Rights Council, welcomed Navi Pillay, new High Commissioner for Human Rights. He proposed to take up the organizational and procedural matters of the Council on 9 September in order to give a warm welcome to the new High Commissioner. The Council was taking yet another important step forward today with the start of the ninth regular session, which also marked the commencement of the third cycle in the programme of work of the Council. In the previous two cycles, much was accomplished, for example, the adoption of Human Rights Council resolution 5/1, the Institutional Building Package, and the consolidation undertaken during the second cycle which had enabled the Council to complete its institutional building process. This process included, among others, the review, rationalization and improvement of the system of Special Procedures. It also involved the establishment and functioning of the Universal Periodic Review, and the holding of various thematic panels, including the first thematic Special Session on the food crisis. His vision was to continue to build on what had already been achieved by his distinguished predecessors, by moving the Council forward in a constructive manner, so as to enable it to deal effectively with substantive human rights issues.

The Council had entered, with this third cycle, the phase of implementation. Its subsidiary bodies, the Advisory Committee and the 2008 Social Forum, recently concluded their inaugural sessions. The Expert Mechanism on the Rights of Indigenous Peoples and the Forum on Minorities would commence their work later this year. All these activities symbolized the achievement of the institutional renewal of the United Nations human rights machinery, which they now must build on.
An issue which he believed they should continue to consider was the programme of work for the year. Looking ahead, he saw that the March 2009 session would be heavier than usual, and that their efforts to distribute issues in a coherent and even manner throughout the year had not been fully effective. He believed they should revisit the issue with a view to ensuring a proper and fair consideration of substantive and technical matters during their three yearly sessions. He also believed that there was a real need for the business of the Council to be conducted in a spirit of candour, transparency and mutual respect for the viewpoints of others. No human rights issues should be off-limits for the Council. While they must continue to insist that all human rights issues be given an open and fair hearing, they must also recognize that their work in the Council was primarily to promote and protect human rights for all people; to improve the human rights situation of victims, and not merely to condemn and to name and shame.

He warmed welcomed the new High Commissioner for Human Rights, and assured her of the Council's support in the pursuit of the full implementation of human rights. He had no doubt that her tenure would see further progress in creating the global culture for human rights they all strove for. They would count on the High Commissioner to be the moral authority and voice of the victims all over the world. The Office of the High Commissioner for Human Rights (OHCHR) would continue to play a critical role in the UN human rights system. For this to happen, however, the OHCHR would need adequate resources to carry on its good work. Even more importantly, a balanced and proportional relationship should be encouraged between the OHCHR and other UN field offices. As for its relationship with the Council, this needed to be strengthened through cooperation and collaboration. Both institutions must, therefore, continue to support and complement each other for the advancement of human rights.

NAVANETHEM PILLAY, United Nations High Commissioner for Human Rights, said that it was a pleasure and a great honour for her to address the Council. She was mindful of, and humbled by, the magnitude of the tasks ahead, as well as eager in her new capacity to contribute to promoting and protecting human rights, equality and justice for all. Together and in a shared spirit, they would surely learn to maximize their combined efforts and put them to optimal use. She was presently acutely aware that there was only one opportunity to make a first impression and that first impressions lingered in memory long after the habit of acquaintance had set in. Thus she wanted to immediately convey her pledge to an open-minded, frank, and reciprocally reinforcing interaction with the Human Rights Council.

As a jurist and as a human rights defender, Miss Pillay said she had learnt that the pursuit of human rights was a Janus-like endeavour which combined the measures and deliberate pace of the law with the urgency and passion of advocacy. One could not always stay the hand of tyrants or of those consumed by hatred and prejudice and she knew that one could not stem all ills and abuses. However, they had an obligation to alleviate them and prevent others from occurring, as well as hold perpetrators to account.

Delivering some preliminary thoughts on what she believed needed to be done to meet such obligations, Ms. Pillay noted that the current year marked a series of important anniversaries, which represented rallying points for the human rights community, as well as opportunities to galvanize others into action. The sixtieth anniversary of the Universal Declaration of Human Rights was one of these. It offered an occasion to reflect on the progress made over the past six decades. At the same time, one had to focus on the challenges that remained in bringing to reality the comprehensive vision of human rights set forth in the Universal Declaration. This vision was a beacon of hope for the future - it contemplated a world with the full realization of civil, political, economic, social and cultural rights without distinction, this was a world in which every man, woman and child lived in dignity, free from hunger and protected from violence and discrimination, with the benefits of housing, health care, education and opportunity. This vision represented, in her view, the global culture of human rights they were striving for; it should be a unifying rather than a divisive force, within and among all cultures.

Ms. Pillay noted that in the course of her career, she had seen the growth and had contributed to the development of an expanding framework of international law that represented an effort to implement the principles of the Universal Declaration of Human Rights. This body of law and the mechanisms that it had fostered, such as treaty bodies and Special Procedures, had created a system for the promotion and protection of human rights worldwide. The challenge was how to make this system work better to overcome the persisting abuses, the omissions and the neglect that still stood in the way of the full implementation of human rights.

The High Commissioner said that she believed that the foremost importance in this effort was impartiality in the operation of this system. That might sound like a fantasy, but she thought that it was critical to overcome the divisions that plagued them in their efforts to promote human rights. The credibility of human rights work depended on their commitment to truth with no tolerance for double standards or selective application.

The history of the two Covenants clearly equated the importance of civil and political rights on the one hand and economic, social and cultural rights on the other. The two sets of rights were interdependent and equally important. Ms. Pillay said that she would work for common recognition of this interdependence. Her priority would not be the ranking of various human rights, but rather their implementation on the ground in a way that affected and improved the lives of men, women and children. In today's world, globalization had sometimes run circles around national sovereignty. Moreover the food crisis, as well as other emergencies, demonstrated not only the precariousness of national boundaries and the need for international solidarity but also how abuses of one set of rights reverberated on other rights. Clearly their challenge was to facilitate a common human rights agenda. The United Nations in general and the High Commissioner for Human Rights in particular were in a unique position to assist Governments in their efforts to promote and protect all human rights.

The human rights treaty bodies and the Special Procedures mechanisms that had been developed by the United Nations played an equally important role in their efforts to create a global culture of human rights and States parties to these treaties should respect their obligations in a constructive fashion to make the process more meaningful. She wanted to use the influence of her Office to promote implementation of human rights treaties, as well as to encourage their universal ratification.

The United Nations had recognized that development, security, peace and justice could not be fully realized without human rights. Welfare rested on each and all of these pillars. She talked with the insight of her personal experience in apartheid South Africa. Racial discrimination and gender discrimination, particularly when institutionalized, were entirely incompatible with the Universal Declaration and the United Nations Charter. She had grown up as a second-class citizen with no legal recourse but had had the privilege to witness a complete transformation in her lifetime. Today, South Africa had one of the strongest constitutions in the world. Watching the course of change over the span of a single decade and through a relatively peaceful evolution, led her to believe that solutions were possible.

Ms. Pillay welcomed the progress achieved thus far in the lead up to the Anti-racism Review Conference scheduled for April 2009. Turning to the concerns that had been voiced with regard to this process, she said that the starting point in addressing them was to promote participation. She accepted that there would be diverging points of view among States. She did not believe that “all or nothing” was the right approach. Nelson Mandela had told her that coming to terms with other people's experiences and points of view might serve the interest of justice better than strategies that left no room for negotiations. The process would certainly benefit from active participation by all. Without that participation, the debate would be impoverished. Diversity of opinions was often an inherent and welcome characteristic. She urged those governments that had expressed an intention not to participate in the conference to reconsider their position. She would do all to bring everyone to the table. She also underscored that the implementation of the Durban Declaration and Programme of Action at national level was still sorely lacking in too many countries in all regions of the world.

Gender discrimination remained of pressing concern. No efforts had to be spared to persuade countries to repeal laws and practices that continued to reduce women and girls to second class citizens. The critical role of women in development, peace and security was underscored and Ms. Pillay noted that this had been recognized in several United Nations resolutions. She believed that gender equality would contribute to development and security, as well as human rights.

Ms. Pillay said that genocide was the ultimate form of discrimination. All had to do everything in their power to prevent it. What she had learned as a judge on the Rwanda Tribunal about the way in which a society could be shattered, and the way in which one human being could abuse another, would haunt her forever. The cycles of violence had to be broken. They had yet to learn the lessons of the holocaust, as genocide continued. International criminal justice was a relatively new phenomenon that had changed the dynamics of global politics. It provided a tool of accountability that they did not have before. They had to be creative and thoughtful about how they could use that tool to prevent war rather that to prosecute war crimes after the fact. At the request of the Council, the Office was currently planning a seminar on the prevention of genocide. This event would offer an important opportunity to explore strategies that could be adopted to prevent this most heinous crime.
Ms. Pillay noted that she had served as a judge in the prosecution of genocide for many years and had contributed to bringing a former prime minister to justice. She now welcomed the opportunity to step back and focus on prevention.

The High Commissioner said that she was particularly pleased that the Office of the High Commissioner for Human Rights would organize a seminar to further explore the implications of Articles 19 and 20 of the International Covenant on Civil and Political Rights. It would focus on the balance between freedom of expression and the need to enhance protection against incitement to hatred, discrimination, hostility or violence. Ms. Pillay also emphasized the need to involve, support and, when necessary, stimulate robust contributions from civil society and national human rights institutions in such processes. Human rights defenders represented a veritable pillar for the scrutiny and accountability that sustained the edifice of human rights work. There was no doubt that civil society's activism, expertise, profile and influence had grown exponentially since she had been a young anti-apartheid lawyer. Yet, rights to freedom of expression, association and assembly, which were indispensable to the functioning of civil society, had come under sustained attack in all regions of the world. In some parts of the world, States had recently enacted or tightened the legislation aimed at curtailing or severely restricting the ability of organized civil society to gather and advocate views deemed detrimental to States interest. Also, in too many countries the press continued to be muzzled. It was quite clear that civil society had to be constantly vigilant and had to jealously defend its prerogative and rights.

Ms. Pillay also noted that conflict and other man-made calamities as well as natural catastrophes continued to engender mass people movement often within some of the very same countries that could least afford such upheaval. The celebration of the tenth anniversary of the Guiding Principles on Internal Displacement would be an opportunity for additional reflection on how to better retool their responses to these challenges.

The High Commissioner said that, sustained by the United Nations principles of impartiality, independence and integrity, she was determined to follow in the footsteps of her predecessors who had envisaged and shaped their Office as a springboard to the betterment and welfare of all and a place where all were given a fair audience. As the new High Commissioner for Human Rights, and as an individual who had in her life faced mighty challenges, she would spare no effort in the pursuit and advocacy of human rights. She knew that in this extremely demanding task, she would be able to count on the assistance of many excellent colleagues and partners, as well as on the wisdom of the President of the Human Rights Council and of the Council's members.

General Debate

MASOOD KHAN (Pakistan), speaking on behalf of the Organization of the Islamic Conference, welcomed the new High Commissioner for Human Rights and emphasized that her qualifications as an outstanding judge, an accomplished jurist and a dedicated lawyer made her the most suitable person to become the leading official of the United Nations on human rights. The Organization of the Islamic Conference supported the High Commissioner's broad ranging vision, commitment to truth and pursuit of impartiality, with no tolerance for double standards or selective application. As for the High Commissioner's pledge to an open-ended, frank and reciprocally reinforcing interaction with the Human Rights Council, the Organization of the Islamic Conference confirmed there was no move in the Council to bring the High Commissioner under its authority. The Council wished to have a dialogue to define and streamline the relationship between the Council and the Office, which should work in tandem and harmony. The Organization of the Islamic Conference gave assurances of its fullest cooperation with and support to the independence of the new High Commissioner for Human Rights.

The Organization of the Islamic Conference welcomed the High Commissioner's renewed commitment to exploring the balance between freedom of expression and the need to enhance protection against incitement to hatred, discrimination, hostility or violence. The Organization agreed with the remarks of the High Commissioner for Human Rights on the Durban Review Conference and invited those who declined to participate to reconsider their decisions. The Organization of the Islamic Conference cautioned against the Review Conference turning into an anti-Semitism exercise, which would be in a clear violation of the Durban Declaration and Programme of Action. The core principle of the Universal Declaration – universality of human rights – must be upheld and guarded against exceptionalism and extreme forms of relativism.

The Human Rights Council had made progress in building institutions, in conducting the Universal Periodic Review and in launching the Special Procedures and the Advisory Committee. Although these were great achievements, there was no room for complacency, as there was a long way to go to reach out to the rights' holders and protect their rights. This gigantic task was a joint undertaking in which the Council was the primary international lawmaker, while the High Commissioner for Human Rights, in cooperation with the Secretary General and the Council, oversaw the implementation of those laws and the realization of the universal rights.

Speaking in his national capacity, Mr. Khan said he would be leaving soon and thanked all who had worked with him. He expressed gratitude to the Deputy High Commissioner for Human Rights and the members of the Secretariat. He also thanked civil society for their contributions and involvement.

JEAN -BAPTISTE MATTEI (France), speaking on behalf of the European Union, congratulated the High Commissioner on her appointment. The European Union was certain that she would, as her predecessors, make her mark on the period which was beginning with her efforts to improve the upholding of human rights throughout the world. The European Union also thanked the former High Commissioner Louise Arbour for the work she had done over the last four years during a delicate period of reform.

Fifteen years after the World Conference on Human Rights in Vienna, the Office of the High Commissioner for Human Rights (OHCHR) was a key body within the United Nations system since it played a crucial role in protecting and upholding human rights. The European Union reaffirmed its support for OHCHR and its attachment to the integrity of that body's remit. The European Union considered that the High Commissioner's Office must be able to draw on all the resources needed in establishing its strategic management plan and in order to carry out its work in Geneva and on the ground, particularly as regards technical assistance. Also the rules governing the budgetary and human resources policies of the High Commissioner's Office should remain applicable.

The extension of the activities of the High Commissioner's Office on the ground was especially encouraging and the European Union welcomed the efforts of the Office aimed at strengthening its presence. It also welcomed the signing of a Memorandum of Understanding between the High Commissioner's Office and the Kyrgyz authorities on the opening of an OHCHR regional office in Bishkek. The European Union also strongly hoped that the Ugandan authorities could accept the renewal of the remit of the OHCHR office.

The European Union welcomed the important role played by the High Commissioners' Office in mainstreaming human rights within the United Nations system and in all relevant international organizations. Furthermore, the European Union attached great importance to the promotion and protection of all human rights for all. This year's sixtieth anniversary of the Universal Declaration of Human Rights should be used to further strengthen the commitment to universal standards on human rights and their implementation in all countries. Freedom of expression was one of the core human rights. The European Union also attached the highest importance to combating racism in its societies and remained committed to the success of the Durban Review Conference on the implementation of the Durban Declaration and Programme of Action.

CARLOS PORTALES (Chile), speaking on behalf of Group of Latin American and Caribbean Countries, extended a most cordial welcome to the fifth High Commissioner for Human Rights. Her personal and professional background augured the best of success for her future work and constituted a source of inspiration for getting on with the promotion and protection of human rights, duly keeping in mind their universality, indivisibly and interdependence. When the High Commissioner's country was suffering from the scourge of racial segregation, Ms. Pillay had contributed to lighting the path which had led to the new South Africa in 1994. Her professional experience was valuable and her auspicious credentials would contribute towards her success in her new responsibilities.

At the sixtieth anniversary of the Universal Declaration of Human Rights, the world confronted big challenges. The greatest challenge was to translate the solemn commitments assumed through the ratification of international human rights instruments into domestic legislation and measures which effectively guaranteed the protection and promotion of the human rights of all and, in particular, of the most vulnerable. For this, the Group of Latin American and Caribbean Countries counted on the Universal Periodic Review which compelled all States to deal with the reality of the human rights situation in the world, without selectivity, which they should continue to improve.

There were a number of human rights issues of particular concern to the Group of Latin American and Caribbean Countries, including poverty eradication, which continued to be one of the most important challenges to their region and the world. The effective realization of the right to development was a high priority for their countries. They were also deeply concerned about the situation of the human rights of migrants in different regions of the world, especially with regard to women and children. They were particularly alarmed by the implementation of restrictive or repressive political measures and about intolerant and xenophobic attitudes against migrants. The Group of Latin American and Caribbean Countries called for the creation of conditions of respect and protection for their fundamental rights. They were equally concerned about violence against women in its multiple manifestations. They attached highest importance to the full enjoyment of human rights of people with disabilities. Another concern was the violation of the human rights of minors, especially those who were victims of sexual abuse, child pornography and prostitutions. The Group of Latin American and Caribbean Countries reiterated their commitment to a successful outcome of the 2009 Durban Review Conference.

HISHAM BADR (Egypt), speaking on behalf of the African Group, expressed the appreciation of the African Group to the High Commissioner for Human Rights for her thoughtful and important statement and pledged their full cooperation. The African Group was committed to ensuring the success of the mission of the High Commissioner for Human Rights and facilitating that both the Office and the Council fully exercised their respective mandates. The African Group confirmed its commitment to the full implementation of the Universal Declaration of Human Rights and said it shared the vision of the High Commissioner for Human Rights for a global culture of human rights that would be a unifying rather than a divisive force. The Office of the High Commissioner for Human Rights had a critical role to play in making the international human rights system more effective. The African Group agreed with the High Commissioner that the yardstick for evaluation remained the degree to which there had been concrete improvement in the daily lives of individual human beings around the world.

The African Group joined the call of the High Commissioner for Human Rights for all countries to participate in the process for the review of the Durban conference on racism and reaffirmed that the fight against racism, racial discrimination, xenophobia and related intolerance and their new manifestations witnessed since 11 September remained a global priority. The African Group was committed to a successful review conference that strengthened the implementation of the consensual outcome adopted in 2001. The African Group called on all partners to provide contributions similar to the African preparatory meeting in Abuja, Nigeria, to enrich the process and to ensure the collective ownership of its outcome.

JUAN ANTONIO FERNANDEZ PALACIOS (Cuba), speaking on behalf of the Non-Aligned Movement, congratulated the High Commissioner for Human Rights on her appointment and assured her of the full support of the Member States of the Non-Aligned Movement. The High Commissioner's arrival came at a crucial moment in the evolution of the new architecture of the United Nations human rights machinery. There were important challenges ahead for the Council and the Office of the High Commissioner.

It was not enough to establish a new body with new rules and institutions: the real change should take place in the thinking and in the way of handling human rights issues by those who turned the old Commission into a failed, politicized and illegitimate tribunal for blaming and shaming. The resolution that established the Council called for the review of the relationship between the Council and the Office of the High Commissioner. Such an exercise would contribute to reinforcing transparency, mutual cooperation and synergies in the work of the two bodies, while ensuring the independence of the Office of the High Commissioner. The Non-Aligned Movement also stressed its full support to the Council and the High Commissioner.

MOHAMMED LOULICHKI (Morocco), speaking on behalf of the Arab Group, said that the Arab Group was convinced of the importance of the work of the High Commissioner for Human Rights in the promotion of human rights and they believed that Ms. Pillay would take full advantage of the experience of her country to promote human rights on the international scene. The Arab Group was assured after the High Commissioner talked of maintaining privileged relations between her Office and the Human Rights Council, based on transparency and cooperation. The Arab Group attached highest importance to the issue of human rights in the Occupied Palestinian Territories. There was a general problem: the fact that the resolutions adopted by the Council were not implemented and this constituted a main obstacle for the human rights system and for the protection of human rights. The Arab Group hoped that the efforts of the High Commissioner would make it possible to strengthen relevant Council resolutions. The Universal Periodic Review was also a key mechanism.

GLAUDINE J. MTSHALI (South Africa) congratulated the new High Commissioner for Human Rights and emphasized that the appointment of the first African woman in this post represented a historic moment. Additionally, South Africa paid tribute to former High Commissioner for Human Rights Louise Arbour for her sterling work during her tenure. The Office of the High Commissioner for Human Rights had been created to promote the enjoyment of all human rights by all. Implementation of this mission required concerted effort by the international community. South Africa looked forward to strengthening the relationship between the Office of the High Commissioner for Human Rights and the Human Rights Council, which, in the view of South Africa, was a complementary one. The relationship between the Human Rights Council and the Third Committee was an issue that required attention and South Africa was ready to engage in early dialogue on this matter.

South Africa was committed to capacity building in consultation with States, which could help in early detection of crisis spots and in identifying opportunities for conflict resolution. There was a need for a closer look at the negative impact of globalization on human rights, notably through increase in poverty, exclusion and discrimination, with the recent food crisis being a case in point. The negative impact of globalization needed to be addressed by the whole United Nations system. The Durban Declaration and Programme of Action was a useful document in combating racism, racial discrimination, xenophobia and related intolerance. The outcome of the Durban Review Conference, to be convened by the General Assembly in April 2009, needed to reinforce and complement the Durban Declaration and Programme of Action, rather than undermine its spirit and intent. The Durban Review Process was an opportunity to learn from each other and share best practices.

VALERY LOSHCHININ (Russian Federation) echoed the congratulations that had been addressed to the High Commissioner for Human Rights. The Russian Federation was delighted with her appointment. The main focus of the Office of the High Commissioner for Human Rights should be to help States in their own work for the protection of human rights to develop appropriate mechanisms. As the High Commissioner had rightly pointed out, the Universal Declaration of Human Rights should become a new milestone and all States should take part in the Durban Review Conference. Everyone agreed that all rights, civil, political, economical, social and cultural were interrelated and equally important.

Concerning the Durban Declaration and Programme of Work, racism was a plague for all communities. The Declaration also tried to foresee genocide which was a more serious crime than discrimination. The Russian Federation condemned those who violated human rights, carried out a racist policy, and also those who today carried out ethnic cleansing. The regime in Georgia bore responsibility for all those crimes against the people of Ossetia and Georgia. A campaign of false information had been launched around the events in Ossetia. The aggressors were presented as the victims and all the noise they made was to hide the fact that Tbilisi was the aggressor, responsible for the humanitarian catastrophe in the whole of South Ossetia. The Russian Federation could not allow this to be carried out, since it amounted to full ethnic cleansing. A State was obliged to take measures against genocide and had to stop the aggressor.

LI BAODONG (China) said that China believed that the new High Commissioner for Human Rights, Navi Pillay, with her profound knowledge of human rights law and her important experience, could achieve much as High Commissioner. China was of the view that the Office of the High Commissioner for Human Rights, as a principal United Nations organ, played an important role in the United Nations human rights system. Since the establishment of the Council, the Office of the High Commissioner for Human Rights had provided much help to the Council. The Office had to promote a harmonious human rights culture. As this year marked the sixtieth anniversary of the Universal Declaration of Human Rights, China supported the idea that the Council celebrated this day by holding a special event. China was further ready to improve and to support the work of the High Commissioner and of her Office.

KONRAD SCHARINGER (Germany) welcomed the appointment of Ms. Pillay as new High Commissioner for Human Rights, stating that the United Nations would benefit from her energy and zeal in tackling the most serious violations of human rights and assured her of Germany's continuous support. In appreciation of the important work undertaken by the Office of the High Commissioner for Human Rights, Germany increased its annual voluntary contribution to the human rights programme and was looking forward to further increase of funds to be made available in support of the Office. Germany reiterated its interest in maintaining the Office as a strong and fully independent organization.

While fully subscribing to the statement made by France on behalf of the European Union, Germany took note with great satisfaction of the emphasis the High Commissioner for Human Rights put on the commitment to implement human rights. Also, Germany recognized the extraordinary burden placed on the Office by the increased demand for the secretarial services, notably to the Human Rights Council and the Universal Periodic Review, as well as to the treaty bodies. Despite its increasing workload, the Office remained a centre of excellence. Germany placed importance on the establishment of national institutions for the protection and promotion of human rights, for which the field presence of the Office was crucial. Each field office should look at the possible contribution they could make towards the establishment of national institutions.

GUSTI AGUNG WESAKA PUJA (Indonesia) joined other delegations in welcoming the new High Commissioner for Human Rights. Indonesia believed that the steady momentum that was built up during the four years of High Commissioner Louise Arbour's energetic stewardship would not be broken. Indonesia noted with pleasure the emphasis which the High Commissioner put on participation and was ready to debate with her on thematic or institutional matters. After many difficult months spent grappling with institution building, the inauguration of the new Universal Periodic Review mechanism last spring got off to a good start. Likewise, the Human Rights Advisory Body and Social Forum had just held their first session in August and early September. This showed that the Council was steadily working to implement the tasks set out in the institutional building package.

Some of the many pressing issues on which human rights continued to be infringed were racism, discrimination and xenophobia; the rights of the child and of women; gender equality; the right to development and the right to food. In addition, many conflict situations - in the Middle East, such as Palestine - continued to claim the Council's unstinting effort on behalf of those whose human rights were being denied.

SWASHPAWAN SINGH (India) said that it was a matter of great satisfaction that a distinguished lady jurist and human rights defender from Africa, who had fought valiantly against apartheid, now held the important post of High Commissioner for Human Rights. India appreciated the frankness with which the High Commissioner had shared her thoughts with the Council on the assumption of this onerous responsibility. In particular, India welcomed her determination to hold an open-minded, frank and reciprocally reinforcing interaction with the Council. It was essential for them to develop a modus operandi where the Human Rights Council and the Office of the High Commissioner for Human Rights should work in partnership, as both were seeking to pursue a common objective.

The Universal Declaration of Human Rights represented the collective resolve of the world community to seek dignity and justice for all. Its continuous relevance for the contemporary world had been reaffirmed by over 170 States in the Vienna Declaration. The reforms of the international human rights machinery, which had culminated in the establishment of the Human Rights Council, had been aimed at the full realization of the Universal Declaration. While most of the Council mechanisms had been put in place, there were still some pending issues to be addressed. These included the Terms of Reference for the Consultative Group on the appointment of mandate holders; clarifying the status of the work pending in the former Sub-Commission on the Promotion and Protection of Human Rights as well as the broader issue of the relationship between the Human Rights Council and the Office of the High Commissioner for Human Rights.

Also, the Durban Review Conference provided an opportunity to take comprehensive stock of the progress made in the implementation of various provisions provided in the Durban Declaration. India remained committed to actively contributing to the preparations for the Durban Review Conference.

PETER GOODERHAM (United Kingdom) welcomed the new High Commissioner for Human Rights to Geneva, emphasizing that her commitment, dedication and integrity would be a significant asset to the Office. The United Kingdom appreciated the insights which the High Commissioner shared in her opening statement. The United Kingdom would join her in commemorating the sixtieth anniversary of the Universal Declaration on Human Rights, which represented an opportunity for unification rather than division.

The United Kingdom agreed that the Durban Review Conference had considerable challenges that were still to be overcome, but it could present an opportunity for all States to bring new momentum to the implementation of agreements reached in 2001. Further, the United Kingdom agreed with the High Commissioner on the important role that the media and civil society had to play in support of human rights worldwide; this vital work had to be further supported by Governments through promotion and protection of freedom of expression. The United Kingdom welcomed the expansion of the Office in the field and the partnerships established with many countries to improve the lives of the most vulnerable. The Office had a vital role to play in ensuring that the United Nations' other organs work to promote human rights. Maintaining its independence was thus important. The United Kingdom further underlined the need of the Office and the Council to work together and on the basis of a partnership of equals, to champion improvement and support change where it was needed.

BLAISE GODET (Switzerland) welcomed the High Commissioner to Geneva and Switzerland in addition to congratulating her on her appointment. The Council could in his third cycle concentrate on its main mission, which was to promote universal respect and protection of human rights and fundamental freedoms for everyone. The real challenge facing the international community was the implementation of its commitments. The High Commissioner played a vital role because she intervened with numerous international bodies to defend the case of human rights and to give a voice to the victims. She collaborated with governments and with civil society to strengthen the protection of human rights on the ground. In this context, human rights education was essential in bringing about a collective awareness of the need to respect human rights.

Switzerland intended to take the opportunity of the sixtieth anniversary of the Universal Declaration of Human Rights to announce its initiative to draft a Human Rights Agenda for the Coming Decade. At the invitation of Switzerland, a panel consisting of eminent persons would have the task of identifying, studying and defining subjects in the area of human rights and of establishing an agenda. This thematic agenda would be presented here in Geneva in December and would then be submitted to the international community.

SHINICHI KITAJIMA (Japan) extended Japan's warmest congratulations to welcome the new High Commissioner for Human Rights. She had an extensive experience in human rights. Japan would do its utmost effort to further enhance their cooperation with the United Nations Office of the High Commissioner for Human Rights. With regard to the sixtieth anniversary of the Universal Declaration of Human Rights, the world had witnessed significant progress in protecting and promoting human rights since the adoption of the Universal Declaration. However, they had to face the fact that grave human rights violations still continued to take place in many parts of the world. It was their firm belief that human rights were universal values, and thus, all human rights had to be promoted and protected in every part of the world. Concerning the treaty bodies, Japan had already ratified six of the principal instruments and was currently working to ratify two more conventions; namely the Convention for the Protection of All Persons from Enforced Disappearances and the Convention on the Rights of Persons with Disabilities. The post of the High Commissioner for Human Rights was an extremely demanding one and Japan sincerely wished that the new High Commissioner would undertake this important post with unyielding commitment.

MARIUS GRINIUS (Canada) congratulated the new High Commissioner for Human Rights on her new appointment and welcomed her in the new position. Independence, leadership and vision remained essential qualities of the Office of the High Commissioner. Canada looked forward to pressing forward with the implementation of the five-year Plan of Action and its ambitious agenda to improve respect of human rights on the ground. This respect still remained their greatest challenge and required building an improved management capacity and expanded field presence on the ground. The strengthened capacity of the Office on women's human rights and efforts to tackle impunity, poverty and discrimination were also noted by Canada. In the view of Canada, field work was indispensable to the work of the Office in promoting and protecting human rights.

ALEXANDRE GUIDO LOPES PAROLA (Brazil) warmly welcomed Navi Pillay, the new High Commissioner for Human Rights. Brazil praised the fact that for the first time, the Office of the High Commissioner for Human Rights would be headed by a woman from a developing country and from an African country. Brazil was convinced that the urgent challenge of the international community was to fully implement the international human rights instruments, internationalize legislation and to put into practice policies focused on the promotion and protection of all human rights on the ground. Brazil was confident that it was possible to approve the Human Rights Voluntary Goals which were elaborated by countries of the Southern Common Market MERCOSUR and the Group of Latin American and Caribbean Countries. Brazil also welcomed the priority the former High Commissioner Louise Arbour attributed to the fight against hunger and poverty. Brazil was confident that the new High Commissioner would continue to dedicate all efforts to this cause.

Brazil was deeply committed to the fight against any kind of racial discrimination and intolerance. Also, Brazil would host the Third World Congress against Exploitation of Children and Adolescents in November 2008 in Rio de Janeiro. The main objective was to reinforce the commitment of all countries to tackle the main causes of these heinous crimes. Brazil would also present during the session a procedural draft resolution for the adoption by the Council of the UN Draft Guidelines for Children without Parental Care. These and many other issues addressed in the intervention of the Group of Latin American and Caribbean Countries should remain as priority areas of the Office of the High Commission for Human Rights, the Human Rights Council and the whole United Nations human rights system.

ERLINDA F. BASILIO (Philippines) welcomed the new High Commissioner for Human Rights. It was truly a pleasure to see a woman from the developing world at such a high post. Her accumulated experience as a leading figure in the fight against apartheid and as a fighter for the equality of women should be valuable during her tenure as High Commissioner. Her predecessor, Louise Arbour, had overseen the crucial years of the expansion and the establishment of the United Nations human rights system. It was now the duty of Ms. Pillay to manage the vision of the grand design. The Office of the High Commissioner for Human Rights should work as a genuine partner in strengthening and protecting human rights throughout the world.

HSU KING BEE (Malaysia) welcomed and congratulated Navi Pillay on her post as High Commissioner for Human Rights and confirmed Malaysia's readiness to cooperate with her in achieving the goals of her Office. Malaysia associated itself with the earlier statements by representatives of the Non-Aligned Movement and the Organization of the Islamic Conference and welcomed the High Commissioner's pledge to an open-minded and frank interaction with the Human Rights Council. Appreciating the High Commissioner's commitment to work towards the common recognition of the interdependence of civil and political rights and economic, social and cultural rights, and recalling the universality and indivisibility of human rights, Malaysia expressed the wish to see fair and balanced treatment attached to all human rights components, including the right to development. Development was the prerequisite to the enjoyment of all human rights.

Malaysia saw the celebration of the anniversaries of several international human rights treaties, including the sixtieth anniversary of the Universal Declaration of Human Rights, as an opportunity to take stock of progress made in the promotion and protection of all human rights as well as challenges that had impeded their full realization. Malaysia was of the view that more productive interaction between States and the special mechanisms should be fostered in order to help countries fulfill their obligations under the treaties. In conclusion, Malaysia repeated its readiness to work with the High Commissioner for Human Rights and her Office in achieving common goals and objectives.

ALBERTO J. DUMONT (Argentina) said that Argentina attached special importance to the work of the Office of the High Commissioner for Human Rights. Argentina was contributing in the Office's work, for example in the development of instruments to fight torture. Argentina in this session of the Council would present a new draft resolution regarding the right to truth. It wanted to continue developing this right and its implementation. Since Argentina was fully convinced of the importance of the Universal Declaration of Human Rights, it had decided to make a financial contribution in the context of the commemoration. Concerning the crime of genocide, Switzerland and Argentina were organizing an event this year on this topic.

MUSTAFIZUR RAHMAN (Bangladesh) welcomed the new High Commissioner and said that Bangladesh attached great importance to this position. She had all the required qualifications and background to uphold the work of her predecessors. Bangladesh had no doubt that she would be successful. Turning to the sixtieth anniversary of the Universal Declaration of Human Rights, Bangladesh believed that its principles had to be upheld. As the Council strove to correct indiscrepancies in this regard, the Office had to help the Council in its work. Ms. Pillay had taken responsibility at a time when the institution building phase of the Council had been accomplished and the Office had been strengthened. Now it was time to benefit from all these positive developments. Enhanced interaction between the two bodies was of outmost importance. Human rights should benefit from this close interaction.

On the field activities of the Office, Bangladesh believed that a greater understanding of the realities and customs on the ground had to be the norm. The most effective way of safeguarding human rights was often to strengthen existing Governments. Also, extreme poverty was an affront to human dignity. They had high expectations that the new High Commissioner would make the fight against poverty one of its priorities. Concerning climate change, it was noted that least developed countries were the ones most suffering from it and it severely impacted the enjoyment of human rights.

BABACAR CARLOS MBAYE (Senegal) extended warmest welcome to the High Commissioner for Human Rights and congratulated her on her appointment. Senegal also joined the African Group, the Organization of the Islamic Conference and the Non-Aligned Movement in welcoming the new High Commissioner for Human Rights and confirming their readiness for a full cooperation. Senegal underscored the relevance of the ideas the High Commissioner shared with the Council today and well noted her commitment to continue the combat in building the culture of human rights. Senegal saw this commitment as a call to address the challenge to do better in promoting and protecting human rights. Picking up this challenge was a collective responsibility that had to be kept in mind, particularly in the year in which they celebrated the sixtieth anniversary of the Universal Declaration of Human Rights. Senegal further wished every success to the High Commissioner and was ready to extend full cooperation to the Presidency.

ROBERTO VELLANO (Italy) warmly welcomed the High Commissioner for Human Rights. Her personal competencies and professionalism were the best guarantee that would ensure that she would carry out her functions in the best possible way. Italy would spare no efforts to support Ms. Pillay in the framework of the promotion of relations between the Human Rights Council and the High Commissioner for Human Rights.

ANDREJ LOGAR (Slovenia) welcomed the new High Commissioner for Human Rights. She was taking charge of the Office of the High Commissioner for Human Rights in its fifteenth year of existence. Navi Pillay was bringing her vast and diverse experience to this job. The fact that she was from Africa also was an important fact. Slovenia wished to extend its appreciation to the role of the Deputy High Commissioner and the whole staff of the Office of the High Commissioner for Human Rights. During recent years, the Office had greatly expanded, particularly in the field, where its presence was most needed. The Secretariat was thanked for its help in the setting up of the Universal Periodic Review. The Council was now fully in a position to conduct substantive work. They were also looking forward to discuss the issue of gender mainstreaming in the Council later this week. Human rights were one of the main pillars of the United Nations system, alongside with peace and security. Slovenia was looking forward to celebrate the universality of human rights this coming December.

OSITADINMA ANAEDU (Nigeria) welcomed the new High Commissioner for Human Rights and commended her for her statement and for the commitments she had expressed. Speaking about the Durban Review Conference, Nigeria said the conference should not dissipate energies on any issues extraneous to it. Nigeria was concerned about a number of human rights issues, but the critical issue of poverty should be addressed as a priority. Nigeria was also concerned over the lack of attainment of key elements of the United Nations Charter with regards to the promotion and protection of the rights of women, children and elimination of gender inequality and discrimination.

Nigeria remained fully committed to the Durban Review Conference and the successful preparatory conference, held in Abuja, Nigeria was a mark of substantive input from the African region to address the gap in the implementation of the Durban Programme and Plan of Action. Progress had been made in institutional building of the Council, but a lot still remained to be done to further strengthen the commitment to universal standards on human rights and their implementation. Nigeria had shown its commitment by elaborating and implementing a national action plan to enhance and promote and protect all human rights.

CARLOS ROBELO RAFFONE (Nicaragua) said that they were truly honored to be inaugurating the ninth session of the Council in the presence of the High Commissioner for Human Rights. Nicaragua offered its full support so that the Office of the High Commissioner could continue the task of guaranteeing all rights to all human beings. In many areas of the world, fundamental rights continued to be denied such as the right to food or to housing. Many people were living in abject poverty and were denied the right to development. The distribution of wealth was more skewed than ever. The rise of fear and bankruptcy made men and women become aggressive. Recession went hand in hand with international conflicts and arms races provided a stimulus to weaken economies. The result for poor countries was simple: instead of improving their situation they lived in worse conditions than before.
Nicaragua agreed that the fundamental pillars were development, security and human rights. Nicaragua was devoted to working together with the High Commissioner to strengthen human rights to which all had made a commitment.

ABDULLA ABDULLATIF ABDULLA (Bahrain) congratulated the new High Commissioner and welcomed the trust placed in her. Bahrain appreciated the High Commissioner's very useful statement. Bahrain shared the concerns she had voiced in her statement and pledged to support her in her global mission. Bahrain also commended the efforts made by the former High Commissioner and the Deputy High Commissioner, as well as the staff of the Office of the High Commissioner for Human Rights.


LEE SUNG-JOO (Republic of Korea) congratulated the President on his appointment and warmly welcomed the new High Commissioner for Human Rights. Despite the collective efforts in promoting human rights worldwide, significant challenges remained, notably in mobilizing wisdom and determination to translate universal human rights into reality. What was needed was the passion of and a greater role for advocacy.

The Republic of Korea fully shared the preliminary thoughts of the High Commissioner for Human Rights on what needed to be done in promoting human rights and agreed with her emphasis on the need for stronger involvement of civil society and national human rights institutions. The Universal Review Process had the potential to engage key actors and ensure broad consultation with key stakeholders in all phases of the process. The Republic of Korea reconfirmed its full support to the High Commissioner in her work.

MERCY YVONNE AMOAH (Ghana) welcomed the new High Commissioner for Human Rights. Ghana shared the vision which she had outlined earlier. Together the international community had to try for the full realization of human rights. They had to address racism and destroy the cycles of violence wherever they occurred in the world. Ghana congratulated the High Commissioner on her resolve to helping address the root causes that made genocide possible.


For use of the information media; not an official record

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