HUMAN RIGHTS COUNCIL HOLDS INTERACTIVE DIALOGUE WITH SPECIAL RAPPORTEUR ON SITUATION OF HUMAN RIGHTS IN SUDAN

The Human Rights Council today held an interactive dialogue with the Special Rapporteur on the situation of human rights in Sudan after she presented her report. It also held a general debate on follow-up and implementation of the Vienna Declaration and Programme of Action. The Vice President of Nigeria also addressed the Council.

At the beginning of the meeting, Goodluck Ebele Jonathan, Vice President of Nigeria, said that Nigeria had a long history of engagement with the United Nations system including the United Nations’ human rights architecture and continued to intensify their engagement both at the national and international levels. Their engagement had also recently been given practical expression through their voluntary accession to undergo the Universal Periodic Review. Going beyond their firm conviction that human rights, the rule of law and due process were absolutely essential for the proper functioning of society, the federal Government had enunciated a Seven Point Agenda to drive sustainable development. It provided for targeted investment in the areas of power generation and energy, food, security and agriculture, wealth creation and employment, qualitative and functional education, land reforms and mass transportation.

Sima Samar, Special Rapporteur on the situation of human rights in Sudan, said that since her last visit to Sudan, some positive developments had taken place such as the ratification of the Convention on the Rights of Persons with Disabilities and its Optional Protocol by the Government in April 2009. She also noted some efforts on legislative reform, including the passing of the Human Rights Commission Act, and ongoing discussions related to the 2009 Child Bill, which had a number of positive provisions. Despite these steps, the ultimate measure for progress should be concrete change in the human rights situation on the ground. Sudan continued to face challenges in terms of securing the rights to life, security of person, and the effective administration of justice for serious violations of human rights across the country. Ms. Samar strongly urged the Government of Sudan to build on its positive efforts, and for these efforts to be directed towards concrete change on the ground.

Sudan, speaking as a concerned country, said the report of the Special Rapporteur failed to give a true picture of human rights in Sudan; there were constant efforts made on behalf of the Government of National Unity that had not been reflected. The Government was undertaking efforts to resolve the disputes in the south, east and west of the country through peaceful means and through negotiations, which would lead to armed groups involvement in the negotiations. The Special Rapporteur continued to ignore efforts made towards peace in Dafur, and that armed movements did not want to take part in negotiations. The continuation of the mandate of the Special Rapporteur meant real progress would not be recognized in the context of human rights in Sudan. The current mandate was based on legacy and magnified weaknesses, rather than achievements and progress.

In the interactive dialogue with the Special Rapporteur on the situation of human rights in Sudan, some speakers said the work of the Special Rapporteur was of particular importance as the independent monitoring undertaken had covered the human rights situation in all regions of Sudan and all aspects of Sudan’s international human rights obligations. It was imperative that the Council continued to demonstrate its concern for the situation in the country by continuing the mandate. The mandate could help the Government in dealing with troubling situations. Speakers further supported the Special Rapporteur’s recommendation that the international community remain engaged until significant progress was made in implementation of previous recommendations.

Other speakers underlined that the international community and the Council should help Sudan. In light of the many human rights observers on the ground, they were seriously considering whether or not to extend the mandate of the Special Rapporteur. It was time to end the duplicity of mechanisms, and the Council should be able to utilise the comprehensive information coming from existing mechanisms. The report should have been more balanced and objective - it did not sufficiently show progress on the ground, and ignored efforts made by the Government on the political and humanitarian level.

Speaking in the interactive dialogue were the United Arab Emirates on behalf of the Arab Group, the Czech Republic on behalf of the European Union, Egypt on behalf of the African Group, Pakistan on behalf of the Organization of the Islamic Conference, Norway, United States, Qatar, Switzerland, Democratic People’s republic of Korea, New Zealand, Sweden, Saudi Arabia, Yemen, League of Arab States, Canada, United Kingdom, Lebanon, Bahrain, Malaysia, Japan, Australia, Algeria, Costa Rica, China, Slovenia, Syria and the Philippines.

The following non-governmental organizations also took the floor: Hawa Society for Women, Something Charity Foundation, Society study Center, Cairo Institute for Human Rights Studies, International Federation of Human Rights, Human Rights Watch and Amnesty International.

In the general debate on follow-up and implementation of the Vienna Declaration and Programme of Action, speakers said that the Vienna Declaration and Programme of Action had reaffirmed that all human rights were universal, indivisible, interdependent and interrelated. All States had to promote and protect human rights and fundamental freedoms, regardless of their political or economic systems and regardless of their regional particularities and diverse historical, cultural and religious experiences. The integration of the human rights of women throughout the United Nations mechanisms was important for furthering the rights of women and girls before the law. The achievement of the objectives set out in the Vienna Declaration and Programme of Action could only be reached through constructive international cooperation. In this dire global economic and financial crisis affecting all regions of the world there should be a renewal of human rights, specifically, economic, social and cultural rights in the context of the right to development. Despite significant progress achieved in the promotion of the human rights of women, legal provisions that constituted a direct or indirect discrimination against women continued to exist in all regions of the world. All people had the right to decide their own fate. They should freely pursue their economic and social and cultural development. The Vienna Declaration and Programme of Action stipulated that the denial of the right to self determination constituted a violation of human rights.

Speaking on the Vienna Declaration and Programme of Action were the Czech Republic on behalf of the European Union, Colombia on behalf of Bosnia-Herzegovina, Burkina Faso, Chile, Congo, Côte d’Ivoire, France, Hungary, Mexico, Norway, Slovenia, Switzerland and Uruguay, Russian Federation, Paraguay on behalf of MERCOSUR, Senegal, Slovenia, Brazil, Nigeria, Colombia, Austria, United States and Spain.

The following non-governmental organizations also took the floor: Commission Nationale des Droits de l’Homme et des Libertés Fondamentales du Niger, Arab Commission for Human Rights, Asian Legal Resource Centre, United Nations Watch, Association for World Education, Asian Forum for Human Rights and Development, Canadian HIV/AIDS Legal Network, Centrist democratic International, Human Rights Council of Australia, Commission to Study the Organization of Peace, International Humanist and Ethical Union, International Federation of University Women, France Libertes, European Union of Public Relations and Indian Council of South America.

Peru exercised its right of reply.

The Council today is holding back-to-back meetings from 9 a.m. to 6 p.m. During its afternoon meeting, the Council will hold an interactive dialogue with the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance.

Statement by the Vice President of Nigeria

GOODLUCK EBELE JONATHAN, Vice President of Nigeria, said that it had been significant that the Council had reposed its trust and confidence in Nigeria by electing its Permanent Representative to the United Nations in Geneva as President of the Council for the past 12 months. Since its founding three years ago, the Council had moved quickly not only to elaborate and adopt its institutional building package but also to establish appropriate mechanisms for implementing its programmes and policies. Consistent with its mandate, the Council had shown sensitivity and responsiveness to human rights situations all over the world. He also applauded the Universal Periodic Review that the Council had instituted. In the various processes and mechanisms, which the Council had sensibly instituted, one saw the evolution of a new approach, a new culture and had significantly improved ways of doing things. These new thinking and new processes were most welcomed, for they truly aimed to uphold human rights as universal values as enshrined in the United Nations Charter.

Mr. Jonathan noted that Nigeria had a long history of engagement with the United Nations system including the United Nations’ human rights architecture and continued to intensify their engagement both at the national and international levels. Their engagement had also recently been given practical expression through their voluntary accession to undergo the Universal Periodic Review. The comments and observations of Member States and other stakeholders on their national submission were very well taken. Going beyond their firm conviction that human rights, the rule of law and due process were absolutely essential for the proper functioning of society, the federal Government had enunciated a Seven Point Agenda to drive sustainable development. It provided for targeted investment in the areas of power generation and energy, food, security and agriculture, wealth creation and employment, qualitative and functional education, land reforms and mass transportation. In their march towards progress, modernization and sustainable development, they had not set aside their values and commitments to the promotion and protection of human rights. They had instituted mechanisms for dealing with impunity within security forces and all law enforcement agencies in the country.

Nigeria was also proceeding with prison reforms and the speeding up of trials of the inmates awaiting sentencing and had embarked upon a comprehensive reform of the judiciary to ensure speed dispensation of justice. Further, all the political, social, cultural and economic rights were enshrined in Nigeria’s various legal instruments and they had established a national human rights commission. Turning to the situation in the Niger Delta, Mr. Jonathan said that he was himself from the region. Nigeria’s commitment to resolving the situation had amply been demonstrated in the two years since the new Administration was in office. Nigeria had dedicated a special ministry to address the unique problems of this particular region. The Federal Government was actively engaged with the people of the Niger Delta to address their grievances and to ensure that justice was done and the wrongs that had been inflicted upon communities in the region were addressed amicably. However, militancy, violence and wanton disregard of law and order had hampered attempts to address the developmental challenges in the region. In final words, he called on the international community to assist the Government of Nigeria to combat the menace of illegal trafficking in oil from Nigeria. This criminal act had to be stopped.

Documents on Situation of Human Rights in Sudan

The Council has before it the report of the Special Rapporteur on the situation of human rights in Sudan, Sima Samar (A/HRC/11/14 and Add.1), which covers the period August 2008 to May 2009, and is based on information received by the Special Rapporteur during her visit to Sudan from 25 May to 5 June 2009, from the Government, human rights defenders, victims of human rights violations, and the United Nations system. Despite some positive legislative developments, the human rights situation in the Sudan remains critical. Arbitrary arrest and detention by the National Intelligence Security Service, military or police continue to be widespread in all areas of Sudan, and are often linked to other serious violations, such as incommunicado detention, ill-treatment or torture. As the United Nations Mission in Sudan (UNMIS) and the African Union-United Nations Hybrid Operation in Darfur (UNAMID) human rights officers have no access to most places of detention, the exact figure of detainees is impossible to verify. In northern Sudan, a particular concern has been an increase in arrests, harassment, intimidation, ill-treatment and alleged torture of human rights defenders and humanitarian workers since the July 2008 application by the International Criminal Court (ICC) Prosecutor for an arrest warrant. In a climate of existing media censorship and intimidation, there has been an increase in restrictions on freedom of expression and association. In Darfur, a key concern remains the direct and indirect attacks on civilians by Government security forces, Government supported militia groups, and armed movements. Various armed groups have also fractionalized, resulting in increased abuses against the civilian population and challenges to resolution of the conflict through current peace talks. As in other parts of Sudan, sexual and gender-based violence continues to be reported, in particular in camps for the displaced.

Another focus of the report is the impact of the recent expulsion of 13 international non-governmental organizations (NGOs) from northern Sudan, and the revocation of three national NGO licences, which could undermine the right to an adequate standard of living and health, and has weakened human rights protection. Human rights defenders in Darfur have also been specifically targeted following the July 2008 application by the ICC Prosecutor, with 16 documented cases of arrests and detention by the Security Service on grounds of alleged support to the ICC or of providing information to the international community, as well as 4 documented cases of cruel, inhuman or degrading treatment and 7 cases of threats and harassment by Security Service staff against human rights defenders, national UNAMID staff, NGO staff, and civil society. The report concludes with recommendations addressed to all the stakeholders, in particular that the Government of National Unity fully cooperate with UNMIS and UNAMID Human Rights components and provide them full and unimpeded access to places of detention.

A first addendum contains a report on the status of implementation of recommendations compiled by the Group of Experts on Darfur mandated by the Human Rights Council. It says that, while certain recommendations have been implemented such as the launch of two Human Rights Forums and publication of a National Action Plan to address violence against women, for other recommendations there has been no further progress since the last reporting period. Certain other recommendations in the area of humanitarian access have taken a step back, with the expulsion of international NGOs and revocation of national NGO licences, and attacks on human rights defenders. The Special Rapporteur, while regretting that certain short-term recommendations were not addressed at all or were not sufficiently addressed, notes that there remain challenges to implementation on the ground such as the disarming of militias and taking all necessary measures to avert the threat of and prevent attacks on civilians. She reiterates that the ultimate measure of the Government’s implementation of the recommendations compiled by the Experts Group has to be concrete improvement in the human rights situation on the ground in Darfur. There remain key recommendations that have not been met. The Special Rapporteur invites the Council to consider what further action is required to concretely protect and promote the human rights of people in the Darfur region of the Sudan.

Presentation by Special Rapporteur on Situation of Human Rights in Sudan

SIMA SAMAR, Special Rapporteur on the situation of human rights in Sudan, said that since her last visit to Sudan, some positive developments had taken place such as the ratification of the Convention on the Rights of Persons with Disabilities and its Optional Protocol by the Government in April 2009. She also noted some efforts on legislative reform, including the passing of the Human Rights Commission Act, and ongoing discussions related to the 2009 Child Bill, which had a number of positive provisions. In the South, Ms. Samar welcomed, in particular, the signing into force of the Southern Sudan Human Rights Commission Act and the Land Act. Despite these steps, the ultimate measure for progress should be concrete change in the human rights situation on the ground. Sudan continued to face challenges in terms of securing the rights to life, security of person, and the effective administration of justice for serious violations of human rights across the country. Since her last report to the Human Rights Council, the Special Rapporteur continued to receive reports of arbitrary arrests, detention, as well as allegations of ill-treatment and torture of human rights defenders and humanitarian workers by security forces, in particular by the National Intelligence and Security Service.

Ms. Samar also expressed concern about the ongoing censorship of newspapers, and restrictions on journalists, human rights defenders, and members of the political opposition from freely expressing their opinion. In view of the upcoming elections in February 2010, it was imperative that restrictions on freedom of expression, association and assembly be removed to create a conducive environment for free and fair elections. In Darfur the security situation remained fluid and unpredictable, as it remained a zone of conflict between the government, armed movements, and Chad. While the Government had made some efforts to protect civilians, direct and indirect attacks on civilians by Government security forces, government supported militia groups and armed movements had been reported as detailed in her report and the Addendum on the Group of Experts recommendations. Sexual and gender-based violence against women and girls continued to be reported, in particular by the Chadian Armed Opposition Groups in west Darfur. Inter-tribal clashes continued to result in civilian casualties. Carjackings of UN personnel, and attacks on humanitarian workers also continued, and peaked during the months of March and April 2009. Ms. Samar strongly urged the Government of Sudan to build on its positive efforts, and for these efforts to be directed towards concrete change on the ground, including through the implementation of a number of recommendations in her current and previous report. At the time of submission of her report to the Human Rights Council, the Government had fully implemented four of the forty five recommendations of the Group of Experts. Significant activities had been undertaken and implementation was in progress for another four recommendations. However a large number of recommendations had not been implemented, particularly in the area of protection of civilians, and accountability and justice. Ms. Samar strongly recommended that the international community and Human Rights Council remained engaged with Sudan, and considered further practical action to concretely improve the human rights situation on the ground for the people, including through monitoring, technical, and financial assistance to build the capacity of institutions, especially for the promotion and protection of human rights and also of civil society.

Statement by Concerned Country

ABDELAEM ZOMRAWI (Sudan), speaking as a concerned country, thanked the Special Rapporteur for her report and for all her efforts thus far. The report failed to give a true picture of human rights in Sudan; there were constant efforts made on behalf of the Government of National Unity that had not been reflected. The Government was undertaking efforts to resolve the disputes in the south, east and west of the country through peaceful means and through negotiations, which would lead to armed groups involvement in the negotiations. Of the measures taken by the Government of National Unity was the establishment of a Government in the South and the granting of the right to self determination, which was to be determined through referendum in the coming years. A national commission was set up to take care of the rights of non-Muslims in the capital. An independent elections commission was also set up, which included well-known neutral personalities well known for their integrity. The criminal code was amended to recognize crimes against humanity, as well as crimes committed in the armed forces. Two human rights fora had also been set up: the joint African Union and United Nations Hybrid operation in Darfur, and the United Nations Mission in Sudan, these fora were set up for the promotion and protection of human rights, and to exchange information on the various situations taking place across Sudan. The fora also engaged in the investigations of detainees and the equality movement.

The Special Rapporteur continued to ignore efforts made towards peace in Dafur, and that armed movements did not want to take part in negotiations. The initiative of Qatar, the United Nations, the African Union, the Arab Group, and the League of Arab Nations to have armed groups join the negotiations was welcomed. The continuation of the mandate of the Special Rapporteur meant real progress would not be recognized in the context of human rights in Sudan. The current mandate was based on legacy and magnified weaknesses, rather than achievements and progress.

Interactive Dialogue

SAEED AL HABSI (United Arab Emirates), speaking on behalf of the Arab Group, said the report of the Special Rapporteur should have contained some basic facts approved by all, namely that the Government of Sudan had responded to every initiative to put an end to the conflict through negotiation. The increasing violations committed by outlaw groups in Darfur was however included. The many achievements in the legislative area and the protection given to the civilian population should also be mentioned and encouraged by the Human Rights Council. The continuous cooperation with the Council should also be recognised. Implementation of Council resolution 9/17 to extend the mandate of the Special Rapporteur for six months would be the appropriate message from the Council to Sudan. The Arab Group was proud of the support given to Sudan by Members of the Group in building a dam for agricultural purposes. This was an example in terms of development. Economic and social development would help bring an end to the conflict and would bring progress in other areas of Sudan.

PETRA ALI DOLAKOVA (Czech Republic), speaking on behalf of the European Union, said that the European Union appreciated the Special Rapporteur’s work in Sudan, which continued to play an essential role in the peace and recovery process. The work of the Special Rapporteur was of particular importance as the independent monitoring undertaken had covered the human rights situation in all regions of Sudan and all aspects of Sudan’s international human rights obligations. The European Union noted that many of the recommendations of the Group of Experts continued to remain unimplemented. As concrete protection and promotion of human rights was an integral part of establishing sustainable security, could the Special Rapporteur outline how to ensure that these recommendations were adhered to? The elections due in February 2010 also would play a pivotal role in establishing durable solutions to the complex problems experienced in Sudan. What tangible steps could be taken to work towards creating an environment conducive to free and fair elections?

HEBA MOSTAFA RIZK (Egypt), speaking on behalf of the African Group said that they regretted that the Special Rapporteur had visited Sudan only at the end of May. The late submission of the report had hindered delegations from preparing their comments on the report. The African Group welcomed the many reports of regional observers. These reports showed that things were returning to normal in Sudan. The African Group also welcomed the establishment of the Darfur human rights forum. Further, the Darfur peace agreements signatories had to comply and commit themselves to the commitments they had made. The African Group welcomed the promulgation of a law establishing a human rights commission in Sudan as well as the invitation extended by the Government to the High Commissioner. The international community and the Council should help Sudan. In light of the many human rights observers on the ground, the African Group was seriously considering whether or not to extend the mandate of the Special Rapporteur. The African Group was currently engaged in constructive discussions to achieve consensus on the proposed resolution.

ZAMIR AKRAM (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said the Organization of the Islamic Conference regretted the extremely late submission of the report, and appreciated the Government of Sudan for the cooperation it extended to the Special Rapporteur, and the efforts made to improve the human rights situation in the country. The Special Rapporteur also acknowledged the progress made by the Government on legal reforms, as well as the creation of the Human Rights Forum for Darfur. While acknowledging the challenges faced by Sudan, the Organization of the Islamic Conference encouraged it to continue its efforts to remove obstacles to the implementation of all national, regional and international agreements. The National Unity Government should take concrete measures to resolve all outstanding issues. The Government should continue to extend all possible cooperation to the United Nations to improve security as well as the human rights situation in the country. It was time to end the duplicity of mechanisms, and the Council should be able to utilise the comprehensive information coming from existing mechanisms.

VEBJORN HEINES (Norway) said that since the signing of the Comprehensive Peace Agreement in 2005, the international community had witnessed many positive developments in Sudan. The agreement had clear provisions for the improvment of human rights. A stronger focus on opening up of the press and media, a larger room for political activity and enhanced preparations for the coming national multiparty election was needed. The war in Darfur continued to have grave bearings on the human rights situation and the humanitarian situation for the civilian population. Violence must stop, civilians must be protected and the humanitarian agencies must be respected. Ensuring free and unimpeded humanitarian access was an obligation under international humanitarian law. A credible political agreement for Darfur was needed and Norway urged all parties to restart inclusive negotiations.

MARK CASSAYRE (United States) thanked the Special Rapporteur for her dedication and persistent work in monitoring and raising awareness about the human rights situation within Sudan. They however regretted that because of the lack of security and dangerous situation in some areas the Special Rapporteur had not been permitted to travel until the very end of her mandate. The United States remained concerned that in Darfur, humanitarian space for relief operations continued to be restricted. It was imperative that the Council continued to demonstrate its concern for the situation in the country by continuing the mandate. The mandate could help the Government in dealing with troubling situations. The United States further supported the Special Rapporteur’s recommendation that the international community remain engaged until significant progress was made in implementation of previous recommendations.

FAISAL ABDULLA AL-HENZAB (Qatar) said the report had been carefully examined. Qatar would have liked the report to be more balanced and objective - it did not sufficiently show progress on the ground, and ignored efforts made by the Government on the political and humanitarian level. There was a constant improvement of security and humanitarian conditions in Darfur. The rebellion was now limited to the western borders, there was a decrease in violence against women, and an improvement of the health and education services. There was no vacuum in humanitarian aid in Sudan. Qatar wished for all peaceful diplomatic efforts to be made to ensure peace and security in Sudan, and supported all political humanitarian efforts aimed at achieving a comprehensive peace agreement that would be acceptable to all parties. There should be greater regional cooperation with the Government to help it ensure human rights in Sudan, including through its efforts for rehabilitation and reconstruction of areas affected by violence. The plans for clearing anti-personnel mines were applauded. The resolution of the Human Rights Council 7/19 should be approved, and the mandate should be ended at this session - this would have a positive effect on the further improvement of human rights in Sudan and the continuing dialogue between the Council and Sudan.

JURG LAUBER (Switzerland) said that the recent report of the Special Rapporteur mentioned positive developments. 1Switzerland particularly welcomed the creation of two human rights for a, one of which focused on the situation in Darfur and the second on other regions of the country. As the Special Rapporteur had noted, the human rights situation in Sudan remained of concern, particularly concerning the right to life and the administration of justice. In her report, the Special Rapporteur mentioned cases of arbitrary detention by the national intelligence security service, the army and the police in all regions of the country. In the administration of justice, the report stated lack of resources at all levels and insufficient number of police officers, prosecutors and judges. Many prosecutors and judges were not aware of human rights standards which did not allow guaranteeing fair process. Switzerland remained concerned regarding the security situation and the impunity in all regions of the country. Switzerland was financing activities to implement the recommendations by the Group of Experts, notably in the training of the staff in prisons and the judicial system.

CHOE MYONG NAM (Democratic People's Republic of Korea), said that they had taken note of the efforts and the commitment undertaken by the Government of Sudan. The Democratic People's Republic of Korea was against the use of coercive measures and dictation should not be used. Confrontation was not compatible with the settling of problems. Now that the Council had instituted the Universal Periodic Review mechanism, which was monitoring all situations on an equal footing for every country, there was no reason to continue with such a mandate. The Democratic People's Republic of Korea thus supported the efforts of the African Group to terminate the mandate of the Special Rapporteur on the situation in Sudan, as demanded by the country itself and the counties in the regions.

WENDY HINTON (New Zealand) said that New Zealand strongly supported the renewal of the mandate of the Special Rapporteur on the human rights situation in Sudan. The human rights of the Sudanese people continued to be violated and ignored, particularly in Darfur and southern Sudan. Despite the welcomed efforts of the African Union and United Nations Hybrid operation in Darfur, over the last year in Darfur, civilians and villages had been attacked, along with humanitarian aid convoys and workers. Incidents of gender-based violence, including sexual violence, remained prevalent. In many instances, State security forces and State-sponsored militia groups were the perpetrators of these violations including clamping down on media freedom and arresting human rights defenders. Peace and justice were inseparable if a sustainable resolution to the situation in Darfur was to be found. Furthermore, in southern Sudan a culture of impunity persisted along with widespread discriminatory practices against women.

CHRISTOFFER BERG (Sweden) said the report showed that torture in detention centres, sexual and gender-based violations and attacks on humanitarian workers frequently took place in Sudan. With a view to upcoming elections, there was concern for restrictions on freedom of expression and assembly. A mandate for monitoring the human rights situation was essential. The Government of National Unity should ensure that there be no arbitrary detention and torture of certain groups - how could the Special Rapporteur help in this regard, Sweden asked.

AHMED SULEIMAN IBRAHIM ALAQUIL (Saudi Arabia) said that Saudi Arabia supported all the efforts made to establish peace in Darfur. Consultations had been held between the African Union, the League of Arab States, the Organization of the Islamic Conference and Sudan Government representatives. The groups had offered humanitarian assistance to Sudan. They had also urged the Government to continue to investigate crimes in Darfur. In the diplomatic sphere, a reconciliation agreement between Sudan and Chad had been signed in order to achieve peace in the Darfur border with Chad.

IBRAHIM SAIED MOHAMED AL-ADOOFI (Yemen) said that Yemen reaffirmed its solidarity with Sudan with regard to any plans that aimed to undermine its solidarity and competence as a sovereign State. Yemen refused any motives aimed at politicizing international justice in the region. Yemen called on all relevant parties to support the settlement of a comprehensible peace solution and to provide technical assistance to Sudan. The Sudanese Government had to no doubt make more efforts, and in this context, the Special Rapporteur in her report mentioned the problems faced by Sudan in terms of its capacity and resources available, and the problem faced with regard to communications across the country, which contributed to the difficulties in transmitting justice across the country.

ALI EL-FATHI, of the League of Arab States, said there had been much improvement in the humanitarian situation in Darfur over the last months, and tensions had been reduced thanks to the cooperation efforts of the Government, aiming to achieve security, and the efforts of the African Union. There had been a marked improvement in living conditions and socio-economic and political stability. Sudan had accepted a large number of Rapporteurs and other bodies, but had been faced with politicisation at the international level of the issue. There was a constant threat against the Government used by various parties to dictate their vision and impose outcomes behind the scenes. The Government realised the humanitarian needs of Darfur, and was making every effort within its resources to meet these, and was putting forth its resources in this regard. The Secretary-General of the League of Arab States had visited Khartoum. After the series of meetings and talks, the League was even more convinced that dialogue was the way forward, even more as the Government had lived up to its commitments in that regard. The mandate of the Special Rapporteur should not be continued.

MICHAEL MCCULLOCH (Canada) said that the Human Rights Council needed this kind of independent monitoring and that Canada supported the renewal of the mandate. Canada was also disappointed that the overall human rights situation continued to be grim. The situation had to remain under the active consideration of the Council. Human suffering and human rights violations and abuses persisted throughout the country. The expulsion of 13 international non-governmental organizations and closure of three national non-governmental organizations had further undermined the grave humanitarian situation. Canada was also deeply concerned by the targeting of human rights defenders and ongoing media censorship, as well as the Terrorism Courts that were established by the Government.

PETER GOODERHAM (United Kingdom), said that the United Kingdom welcomed the report of the Special Rapporteur and strongly supported her ongoing work in Sudan. The United Kingdom remained deeply concerned about the continuing violations of human rights and international humanitarian law by all sides as detailed in the report, and agreed that the situation remained critical. The United Kingdom recognised that Sudan had undertaken some work to improve the legal framework, and welcomed the establishment of the human rights forums. However, these developments had not led to an improvement in the situation on the ground, which, in some areas, was actually deteriorating. The United Kingdom was particularly concerned by the increasing difficulties faced by human rights defenders in Sudan, especially in North Sudan and Darfur. The United Kingdom remained seriously concerned by the continuing culture of impunity which existed at all levels in Sudan. Moreover, all allegations of violations of human rights and international humanitarian law had to be investigated and the perpetrators brought to justice.

NAJLA RIACHI ASSAKER (Lebanon) said Lebanon wished to emphasise the importance of the unity of Sudan. Any observer would note the progressive and continued improvement in the human rights situation in Darfur over recent months - the Government had made untiring efforts to promote human rights in Darfur, and efforts had also been made by United Nations agencies and humanitarian bodies, and there were also Arab and Islamic efforts. These should continue, with cooperation between all concerned parties. The Government had cooperated to a great extent with the Council - the relevant resolutions adopted clearly expressed Sudan's determination to cooperate with the international community in this respect. All resolutions adopted by the Council, particularly those related to the mandate of the Special Rapporteur, should be based on consultations with the Government of Sudan. The elections in 2010 should be a new step on the way to democracy. A political solution would strengthen democracy.

MUNA ABBAS RADHI (Bahrain) said that despite the challenges faced by Sudan, the Government had taken enormous steps to improve the situation of human rights in the country. The ratification of the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities reflected the will of the Government. The criminal proceedings and the way the child combatants had been treated was also welcomed by Bahrain. Sudan hosted a number of international agencies and the continuous collaboration of the Government with the Human Rights Council proved the will of Sudan to uphold human rights.

ABU SAMAH ASIAH (Malaysia) said that since the signing of the Comprehensive Peace Agreement and the Darfur Peace Agreement in 2005 and 2006 respectively, the Government of Sudan had undertaken sustained efforts to return to a state of normalcy for its people; however, it was understood that the Sudanese Government’s efforts had been seriously hampered by chronic resource and capacity gaps as clearly outlined in the report. Malaysia noted with encouragement, the Government’s commitment to ensure the promotion and protection of human rights in Sudan through various measures, including wide-ranging legislative reforms, proposed establishment of a National Human Rights Commission and its constant efforts to ensure peace and security for its people despite constant threats from insurgent groups. In this regard, Malaysia encouraged the Government to continue to engage various partners and stakeholders in dialogue on human rights issues.

OSAMU YAMANAKA (Japan) said the success of next year's general elections in Sudan would be essential, not only from the perspective of ensuring the implementation of the Comprehensive Peace Agreement, but also for the realisation of the political rights of the people of Sudan. The Special Rapporteur had expressed concerns regarding restrictions on freedom of speech and associated related thereto - for free and fair elections to take place, the support of the international community was necessary. The encouraging development of cooperation with the United Nations reflected in the establishment of Human Rights Forums for Darfur by the Government and UNAMID was positive, but worrying events were still occurring. The Government of Sudan should make further efforts to improve its human rights and humanitarian situation, along with the cooperation of the international community. The Government should make full use of the Special Rapporteur as a window of opportunity to seek more cooperation from the international community.

PHILIP KIMPTON (Australia) noted the serious ongoing human rights challenges that were highlighted in the Special Rapporteur’s report, including with regard to the right to life and security of the person, and the effective administration of justice. Australia echoed the Special Rapporteur’s call for the Government of National Unity. Australia further urged the Government of Sudan to reverse the expulsion of humanitarian workers and non-governmental organizations and to allow unrestricted access for aid agencies. They also welcomed the establishment of two human rights forums and the holding of law reforms workshops and human rights training for Sudanese officials and supported the ongoing efforts of the United Nations, the African Union, the Arab League and others to find a way forward.

AHMED SAADI (Algeria) said that Algeria paid close attention to the report of the Special Rapporteur, listened to the concerned country and followed the developments made in the country, in particular the Comprehensive Peace Agreement. The Government of Sudan was taking measures to address the situation in the country, with for instance, the adoption of the law on the Human Rights Commission and the Convention on the Rights of Persons with Disabilities. Algeria paid tribute to the efforts made by the commissions in both the North and South of the country with respect to violence against women; and made great strides in the field of upholding human rights. Algeria would have liked for these achievements, among others, to have been better reflected in the report. Sudan cooperated with United Nations mechanisms which contributed to the consolidation of the situation in the country. Algeria supported Sudan in continuing the efforts made thus and encouraged Sudan to continue efforts this regard.

EUGENIA GUTIERREZ RUIZ (Costa Rica) said the report contained useful information, reflecting some progress made in Sudan, as well as some important challenges which the Government and the international community all had to address. The adoption of the National Human Rights Commission was welcome, and the authorities were encouraged to continue along this path. There was concern for the continuation of sexual violence against women and children committed by all parties, as well as direct and indirect attacks against the civilian population. All parties should respect the human rights of civilians under international humanitarian law and international human rights law. All violations of international humanitarian law should be properly dealt with. It was well known that human rights were not an exclusive domain for States. The expulsion of 13 non-governmental organizations was regretted. Work should be strengthened with the different humanitarian bodies and United Nations organizations in order to ensure sustainable efforts to ensure long-term rights to an adequate standard of living and health.

KE YOUSHENG (China) said that recently, the human rights situation in Sudan and Darfur had greatly improved; many displaced persons had returned home, this was encouraging. Sudan was a Least Developed Country. Thus, in promoting human rights it faced many challenges and difficulties. While looking at the human rights situation in Sudan one should take into account these difficulties. China encouraged the Government to continue to take positive measures in order to realize peace and stability. The international community should, in a constructive attitude, encourage the country and help it in its reconstruction. On the renewal of the mandate, China believed that the Council should give full attention to the opinion of the concerned country.

ANDREJ LOGAR (Slovenia) said that Slovenia supported the Special Rapporteur on the situation of human rights in Sudan, Ms. Sima Samar, and appreciated her work and dedication in performing her mandate. Slovenia thanked the Special Rapporteur for elaborating on her report in such a short time since her last visit to Sudan and presenting it to the Council. Slovenia was pleased to learn that some positive developments towards the protection of human rights had been made in Sudan. However, human rights in Sudan and especially in Darfur remained violated and perpetrators of these violations were not brought to justice. The Government of Sudan was responsible for protecting all its citizens and fighting against impunity, also with the cooperation of the international community. In this regard, Slovenia strongly supported the extension of the mandate of the Special Rapporteur.

ABDULMONEM ANNAN (Syria) said that Syria was concerned about the fact that the report overlooked the vast efforts made by the Government to improve human rights and achieve security and stability in all areas of the country. This undermined the relevance and credibility of the report. The Council had adopted a resolution extending the mandate of the Special Rapporteur for six months - that period had now elapsed. It was time to terminate the mandate. The presentation by Sudan on latest developments and steps taken by the Government for the protection and promotion of human rights was even more evidence of the need to put an end to the mandate.

ERLINDA F. BASILIO (Philippines) said that it was heartening to note the many positive developments in Sudan, such as the enacting of a number legislative instruments and the ratification of the Convention on the Rights of the Persons with Disabilities. The Philippines applauded the commitment of the Government to work in concert with all partners to address the challenges, including the African Union/United Nations Hybrid operation in Darfur and the United Nation Mission in Sudan. The Philippines further supported the African Group’s efforts with regard to the mandate of the Special Rapporteur.

AHDELATI AHDELKHIER, of Hawa Society for Women, thanked the Special Rapporteur on the human rights situation in Sudan for her report, particularly the part concerning the people affected by the Marwa dam as this could have an effect on people’s rights. There was a conflict between citizens and those responsible for the situation. The head of state, with the aim of restoring the rights of citizens, had established committees, and needed to take into account all those who suffered from the construction of the dam. Offers had been made with regard to agricultural efforts. The Special Rapporteur noted challenges in getting through to those involved, however did not appeal to members of civil society in this regard. The way in which the problem had been dealt with had to be reviewed and how this could affect the resolution of other problems. In conclusion, the Hawa Society for Women considered that it was not necessary to have a Special Rapporteur.

SAMIA MOHAMED OSMAN, of Al Zubair Charity Foundation, said in Sudan there were numerous mechanisms and institutions, governmental and non-governmental organizations, and United Nations agencies, all of which took care of humanitarian aspects - and the Special Rapporteur had denied the veracity of their reports. The Special Rapporteur relied on her reports on a quick visit and few meetings with biased individuals and groups - this selected approach did not serve human rights, rather it made them worse. The Special Rapporteur concentrated on failures that could be seen in any country in the world, but ignored positive steps. The international community should make every effort to help improve the situation of human rights and improve stability.

MASHAIR AHMED EL AMIN, of the Society Study Center, said that the Society Study Center felt great concern with regard to the report. The Special Rapporteur had used generalizations that were not based on facts. On what basis had the Special Rapporteur reached her conclusions? They had submitted a request to meet with the Special Rapporteur during her visit to the country but only half an hour had been scheduled for local non-governmental organizations. There was no need for a Special Rapporteur who was not professional in her work.

DINA MANSOUR, of Cairo Institute for Human Rights Studies, said that the Cairo Institute for Human Rights Studies, also on behalf of other Arab non-governmental organizations, expressed deep concern over the human rights situation in Sudan, and in particular the dire humanitarian crisis in Darfur. The expulsion of humanitarian aid agencies in Darfur left 800,000 without aid and 650,000 without health services. The censorship of journalists, and arbitrary arrests and detentions were abhorred. The Cairo Institute for Human Rights Studies called on the Council to extend the mandate of the Special Rapporteur for another year, and not doing so would hinder the fundamental legitimacy of the Council.

JULIE GROMELLON, of International Federation of Human Rights, said impunity continued in Sudan, and the Human Rights Council should engage in favour of the civilian victims of human rights violations by supporting the renewal of the mandate of the Special Rapporteur. The armed clashes had continued between the Government and the Movement. The Government had not hesitated to carry out arbitrary arrest and torture of those suspected of working with the Movement. The decision to renew or not the country mandate should be taken on a case-by-case basis.

PHILIPPE DAM, of Human Rights Watch, said that Human Rights Watch remained concerned about the human rights situation in Sudan and urged all members of the Human Rights Council to acknowledge the gravity of the human rights violations affecting the people of Sudan and to renew the mandate of the Special Rapporteur. Her role was crucial. Human Rights Watch was also gravely concerned about the fate of human rights defenders throughout Sudan. The role of the Special Rapporteur would also be fundamental in the run up to the 2010 elections. Discontinuing or limiting the mandate would represent a deplorable and irresponsible abrogation of the Council’s responsibility to support human rights in Sudan.

PATRIZIA SCANELLA, of Amnesty International, said the Special Rapporteur had highlighted in her latest report the numerous gross and systematic violations of civil and political rights that persisted in Sudan, and that had been exacerbated by the arrests and detentions that followed the Darfur-based Justice and Equality Movement’s attack on Khartoum in May 2008, and the International Criminal Court’s arrest warrant against President Al Bashir in March this year. Amnesty International brought to the attention of the Council the situation of hundreds of disappeared civilians, mainly of Darfuri origin, who remained unaccounted for by the Government since the arrests that followed the Justice and Equality Movement’s attack on the capital. Amnesty International also condemned the death sentences that had been delivered to date against a total of 103 alleged Justice and Equality Movement members, including one 17-year-old and one 16-year old.

SIMA SAMAR, Special Rapporteur on the situation of human rights in Sudan, said that she was sorry that the report was submitted so late, but they were not granted access to the country earlier. All the questions Sudan had asked were answered in the report. The critical issues were raised in the report because the Special Rapporteur would like the Government to pay more attention to these issues. The denial of the problem did not help - it had to be acknowledged that a problem existed. Even if she wrote a very positive report, the situation on the ground would not change. Therefore, it was better to write a critical report mentioning the crucial issues. She hoped that the Human Rights Council would continue its engagement with Sudan. Nobody won a war; even those that claimed to have won lost lives, money and time. Ms. Samar called on African countries to really engage with Sudan to overcome the problems and not only to be engaged with words.

General Debate on Follow-up and Implementation of the Vienna Declaration and Programme of Action

PETRA ALI DOLAKOVA (Czech Republic), speaking on behalf of the European Union, said that the Vienna Declaration and Programme of Action had reaffirmed that all human rights were universal, indivisible, interdependent and interrelated. All States had to promote and protect human rights and fundamental freedoms, regardless of their political or economic systems and regardless of their regional particularities and diverse historical, cultural and religious experiences. The European Union welcomed the annual full day of discussion on women’s rights that was held on 4 June. The numerous speakers had confirmed the understanding that in practice inequalities of women and men before the law still existed. The European Union thus believed that the United Nations system’s capacity to promote gender equality and women’s empowerment needed to be strengthened.

With the Vienna Declaration and Programme of Action’s principles of universality and non discrimination in mind, the European Union called upon the Council to continue to address the issue of discrimination and abuse because of sexual orientation. No human being might be denied his or her rights solely because of his or her sexual orientation. The Vienna Declaration and Programme of Action also stated clearly that democracy was based on the freely expressed will of the people to determine their own political, economic, social and cultural system. The European Union further deplored the fact that political freedom continued to be denied to the people of Burma/Myanmar where Daw Aung San Suu Kyi continued to be detained by the military regime.

ALMA VIVIANA PEREZ GOMEZ (Colombia), speaking on behalf of Bosnia-Herzegovina, Burkina Faso, Chile, Congo, Côte d’Ivorie, France, Hungary, Mexico, Norway, Slovenia, Switzerland, and Uruguay, said the integration of the human rights of women throughout the United Nations mechanisms was important for furthering the rights of women and girls before the law. The intervention of the High Commissioner for Human Rights in the panel and the importance she attached to the promotion and protection of the rights of women and girls was welcomed. International human rights treaties prohibited discrimination based on sex, and that men and women enjoyed their rights based on equality. Despite the declaration made in Beijing to modify and eliminate discriminatory policies, this had yet to be done, and thus prevented women and girls from the full realization of their rights. The thirtieth anniversary of the Convention on the Elimination of All Forms of Discrimination against Women could also highlight the full equality of women before the law, and highlight the principle of equality and non-discrimination. It was convincing that the mechanisms aimed at highlighting such discrimination in the law would ensure added value for States in their efforts to implement measures in this regard. The panel reflected the urgent need to address inequalities before the law, and Colombia and the other States looked forward to working with the panel in this regard.

ALEXEY GOLTYAEY (Russian Federation) said that the achievement of the objectives set out in the Vienna Declaration and Programme of Action could only be reached through constructive international cooperation. Unfortunately, double standards and ignoring the developed countries in the dialogue hindered the process. The Russian Federation underlined that synergies had to be assured between traditional values and human rights recognized by all mankind. This was the purpose of the resolution proposed by the Russian Federation. Achieving the objectives set forth in the Vienna Declaration and Programme of Action would depend on the good will of States and civil society. Respect of human rights should stimulate the building of a new world order bearing in mind the values of the Universal Declaration of Human Rights.

RAUL MARTINEZ (Paraguay), speaking on behalf of MERCOSUR, reiterated their firm commitment to the Vienna Declaration and Programme of Action and the protection of human rights through regional and sub-regional mechanisms. They attached particular importance to the rights of the child and the implementation of the rights of the child. They had also welcomed the panel discussion on the rights of women; it had highlighted the urgent need to adopt new laws that would dismantle discriminatory laws.

MAMADOU MBODJ (Senegal) said that Senegal reiterated its firm commitment to principles of indivisibility, universality and interdependence of human rights. The Vienna Declaration and Programme of Action adopted in 1993 enshrined these principles, and that the right to development was an inalienable and integral right to all human beings. In this dire global economic and financial crisis affecting all regions of the world there should be a renewal of human rights, specifically, economic, social and cultural rights in the context of the right to development. There should be a consensus result about moving the struggle of discrimination against women forward in the world.

ANJA MARIJA CIRAJ (Slovenia) said that one of the priorities set out in the Vienna Declaration and Programme of Action was the full and equal enjoyment by women of all human rights and that this would be a priority for the Governments and for the United Nations. To this end, Slovenia welcomed all efforts by different United Nations actors, Governments and civil society to achieve this specific goal. Slovenia welcomed the recent annual full day discussion on women’s rights in the Human Rights Council. Despite significant progress achieved in the promotion of the human rights of women, legal provisions that constituted a direct or indirect discrimination against women continued to exist in all regions of the world. This was why Slovenia supported the initiative to establish a special mechanism on equality before the law. Slovenia was convinced that such an instrument would help diminish the gender-based inequalities in legislation and would constitute a step forward in reducing the gap between the rights of women and men in law.

JOAO ERNESTO CHRISTOFOLO (Brazil) said that in January 2009, the Human Rights Council had convened a Special Session on the impact of the financial and economic crisis on the realization of all human rights. Brazil had joined efforts with many countries in order to give their leaders a clear message on the importance of taking into due account the human rights perspective when setting out the ways to overcome the crisis. The World Bank estimated that the global economy would decline this year by close to three per cent, this was a significant revision from a previous estimate of 1.7 per cent. Developing countries and least developed countries were in a more vulnerable position than developed countries when facing these impacts. Brazil wanted to remind Special Rapporteurs of the Council’s invitation for them to build on the deliberations of the Special Session in their work. In doing so they would thus contribute to guarantee a human rights perspective to their common efforts to overcome challenges posed by the current financial and economic crisis.

IFEANYI E. NWOSU (Nigeria) said that paragraph 36 of the Vienna Declaration and Programme of Action stated inter alia, “…urges the full and equal enjoyment by women of all human rights and that this be a priority for Governments and for the United Nations”. It was against this background that this Council should be commended for incorporating in its programme of work, a full-day discussion on women’s human rights during this session and had agreed to make it an annual event. Nigeria recalled that the Council also marked the International Women’s Day at its tenth session in March this year. The delegation of Nigeria was particularly concerned about discrimination against women, their social exclusion and violence against them, especially sexual violence. Given the vulnerable nature of women and in the face of the various instruments that had entrenched equal rights for men and women, Nigeria urged for greater commitment by States parties in implementing human rights of women as well as the full integration of human rights of women in national and international mechanisms. In conclusion, the delegation of Nigeria called on the treaty bodies to include the statue of women, and their human rights in their discussions and reports.

ALVARO AYALA (Colombia) said that Colombia broadly supported the work done by the Human Rights Council as it was the right mechanism to coordinate work toward the achievement of the goals of the Vienna Declaration and Programme of Action. Colombia believed that the arrangement of parallel events enriched the debates in the Council. Colombia also noted the importance of parallel events presided over by civil society, for example on gender identity. To continue compliance with the Vienna Declaration and Programme of Action, Colombia would give maximum priority to the recommendations of the High Commissioner and recommendations related to them.

CHRISTIAN STROHAL (Austria) said that the Vienna World Conference on Human Rights in 1993 had dealt with a number of issues which remained key challenges today, such as the universality of human rights and the question of how to deal with traditional or religious particularities, the question of sovereignty and the role of civil society. The Vienna Declaration and Programme of Action had reaffirmed the universality and indivisibility of all human rights. Governments had also agreed that the situation of human rights in any country was a legitimate concern of the international community. If one treated human rights as a menu a la cart, in which every Government, group or individual could pick and choose what they liked; there would be no human rights at all. Practices amounting to clear abuses of human rights, such as forced marriages, so-called “honour crimes” or female genital mutilation could never be justified by invoking culture, religion, tradition or custom. Further, terms such as “cultural diversity”, “traditional values” or “regional particularities” were often misused for states not fulfilling their human rights obligations.

KATHERINE GOROUE (United States) said that the Vienna Declaration and Programme of Action reaffirmed the universality of human rights and fundamental freedoms, confirming that the protection of the individual remained paramount. Among the most prominent accomplishments of the Declaration was the support it offered to the Office of the High Commissioner for Human Rights, support the United States strongly favoured. The principles enshrined in the Vienna Declaration not only highlighted the importance of the United Nations human rights machinery, but also underscored the importance of regional organizations and mechanisms as they strove to improve respect for human society, especially human rights defenders, an established and accepted channel to communicate human rights concerns to Governments and encouraged regional attention and cooperation on human rights issues and situations. The United States also applauded the Vienna Declaration and Programme of Action for its attention to the rights of women. Eliminating discrimination against women was fundamental. Therefore, the United States strongly supported the creation of a new mechanism devoted to equality before the law.

JUAN VILLAR ESCUDERO (Spain) said that following the Vienna Declaration and Programme of Action, Spain had developed a national action plan to promote human rights. In this framework, Special Procedures were one of the main instruments and Spain had issued a standing invitation to all special procedure mandate holders. Special Rapporteur Frank De La Rue would visit Spain in the future. In Spain, as in any other democratic State, every political idea could be defended with peaceful means and the only illegal means was violence. The peaceful and non-violent defense of independence in the Basque country or in any other region was perfectly possible. The persons that thought their rights in danger in the Basque region, in particular their right to expression, were those that had points of views that were imposed with violent means.

MAMOUDAN DJIBO, of Commission nationale des droits de l'homme et des libertés fondamentales du Niger, said in applying the Vienna Declaration and Programme of Action and the Paris Principles, Niger had established a National Human Rights Commission. It had been established in total independence of any other national institution. The classical task of the Commission included visits of dentition centers and to make appropriate recommendations to the Government. The annual report was communicated to the President of Niger at the end of each year. They were currently also preparing Niger’s Universal Periodic Review report.

ABDEL WAHAB HANI, of Arab Commission for Human Rights, recalled that the Arab Commission for Human Rights stressed in past sessions the importance of the independence of experts appointed to treaty bodies. Next October States parties should be aware that the Committee against Torture would be electing new members. Vienna 1993 to Geneva 2009 saw a lot of work and progress, for instance with the establishment of the conventions on migrants and persons with disabilities. There was a new generation of human rights which presented new challenges, for example on the issue of migrants. The Arab Commission called on the Council to convene a follow-up conference called “Vienna Plus 20” to address legislation, the response to new challenges and the new manifestations of human rights violations.

MICHAEL ANTHONY, of Asian Legal Resource Centre, said most Asian Governments were significantly failing to implement key elements of the Vienna Declaration, and there was a lack of institutional safeguards and remedies available to victims of such abuses in the region. Where Governmental institutions failed to protect rights, independent investigation mechanisms, both domestic and international, were an absolute necessity. No investigations into past and present gross violations were being conducted in Sri Lanka. The Royal Thai Police were the top violators of human rights in Thailand, for which they enjoyed complete impunity.

HILLEL NEUER, of United Nations Watch, said that the Vienna Declaration and Programme of Action reaffirmed the rights set forth in the Universal Declaration of Human Rights. The right to food was now particularly important for those three million people that were being displaced in Pakistan and were suffering from hunger. The Universal Declaration of Human Rights also stated the right against arbitrary arrest and the right to take part in the Government. In Iran, even as they spoke today, opposition members were being arrested and women were being beaten in the streets.

DAVID LITTMAN, of Association for World Education, said a year ago today widespread violence against women was addressed, and since then this issues has been discussed twice. Five issues that required concerted action at the international, national and local levels remained: female genital mutilation; so-called “honour killings”; death by stoning; disfiguring of women by acid; and marriage of female children. Female genital mutilation was a barbaric crime which was creeping into Europe. Even in Switzerland the number of mutilated young girls from immigrant families was now over 7,000, with 1,200 in Geneva alone. “Honour Killings” was on the increase worldwide and should be criminalized and not accepted as a social, tribal or religious anomaly.

GIYOUN KIM, of Asian Forum for Human Rights and Development, said regional arrangements played a fundamental role in protecting and promoting human rights by reinforcing universal human rights standards at the regional level. There should be an independent, effective and credible ASEAN human rights body which should work to achieve that all ASEAN Member States acted upon their obligations under international human rights norms and standards. This body should be independent from States in carrying out its mandate, and this should allow the Commissioners to receive complaints, conduct site visits and perform investigations into human rights violations in each country. It was deplorable that the principle of non-interference was often raised as a defence by States as an attempt to avoid fulfilling their obligations under international human rights law. The principle should not be used as a tool to deter scrutiny and in-depth discussions over the human rights situation in each country.

JOHN FISHER, of Canadian HIV/AIDS Legal Network, said that in two days, this Council would consider a resolution on traditional values. It was ironic that this resolution was being presented under the follow-up and implementation of the Vienna Declaration and Programme of Action which called upon States to work towards the elimination of the harmful effects of certain traditional or customary practices, cultural prejudices and religious extremism. The draft resolution completely failed to acknowledge that many tradition values were completely inconsistent with international human rights law and that tradition and culture were frequently invoked to justify violations of human rights, particularly violations of the human rights of women. This was not a Council on traditions, but on human rights.

AABADILA SEMLALI, of Centrist Democratic International, said that flagrant violations of human rights and flouting the Vienna Declaration and taking advantage of the Sahrawi people who had been kidnapped in the Polisario camps was of great concern. The flagrant violations of human rights committed during the Sahara conflict would only come to an end with negotiations, which would guarantee peace in the region and bring to an end the suffering of the Sahrawi people in West Africa by the Polisario. Centrist Democratic International urged the Council to ensure the return of these peoples to their land and to avoid any measures that were contrary to this.

CHRIS SIDOTI, of Human Rights Council of Australia, said the Second World Conference on Human Rights held in 1993 brought together almost all the then-Member States of the United Nations in the largest gathering of States before or since to discuss human rights. The Vienna Declaration and Plan of Action came from this and one of the key issues discussed was the link between human rights and culture. The Declaration affirmed the universality of all human rights, whilst noting that culture should be borne in mind. There was a firmly-based balance in this regard. The Declaration posed values that were consistent with the fundamental values of all human beings, and stood as a common standard of achievement and assessment for all traditional values, some of which were inhuman, such as female genital mutilation, the repression of women and slavery. All of these had been part of the traditional values of human societies.

STEPHAN CICCOLI, of Commission to Study the Organization of Peace, said that the World Conference gave the impetus for the establishment of the Office of the High Commissioner for Human Rights which had significantly enhanced the profile and dissemination of human rights within the United Nations system. In this connection, the Commission to Study the Organization of Peace commended the quality of the work carried out by the Office of the High Commissioner for Human Rights in Geneva on the ground in many other countries. The Vienna Declaration and Programme of Action highlighted the fundamental role played by civil society in ensuring the respect and promotion of human rights and the past few years had seen the emergence worldwide of associations and non-governmental organizations for which the implementation of international human rights treaties was the primary goal. The role of human rights defenders must be appreciated and commended.

ROY W. BROWN, of International Humanist and Ethical Union, said that the importance of sexual and reproductive health was recognised in Millennium Development Goal five where the target was to reduce maternal mortality by 75 per cent between 1990 and 2015, and to provide universal access to reproductive health. The essential requirement to bring this about was for women to have control of their own fertility – and this required information and access to affordable and effective methods of family planning, but also required the support and understanding of men. Central to the improvement of women’s health and rights was the education and understanding of their men folk: for men to develop respect for women and girls; for men to understand (paraphrasing President Obama) that the number of children they could nurture and support, not merely the number of children they could father, was the measure of their manhood; and to recognise that a healthy and happy family required a healthy and happy mother.

CONCHITA PONCINI, of International Federation of University Women, in a joint statement with Pan Pacific and South East Asia Women's Association, said the financial and economic crisis had taken a very heavy toll on millions of men and women workers around the world. There was a global job crisis. An initiative of the International Labour Organization was the launching of a global jobs pact, which lay foundations for fair globalisation, sustained by sustainable development and balanced economic growth. There was a need for better coordination with various United Nations agencies and bodies if the crisis in jobs was to be resolved, and the Human Rights Council should play a role in this if the human rights approach was to be integrated fully. The great challenge of the crisis was the quality of de jure rights of women, who continued to slip between the cracks. It was critical that newly-introduced quality laws and social security schemes take into account all activities of women, including invisible activities. Women should be targeted through a systematically-disaggregated mechanism to gather data.

URBAH KELTHOUM, of France Libertés – Fondation Danielle Mitterrand, said that on 8 December 2000, the General Assembly proclaimed the period from 2001 to 2010 the international decade for the elimination of colonialism. The action place for this second decade included recommendations for the international community, national authorities, specialized agencies, as well as the Committee on the Implementation of the Declaration on the Independence for Countries and Peoples. All people had the right to decide their own fate. They should freely pursue their economic and social and cultural development. The Vienna Declaration and Programme of Action stipulated that the denial of the right to self determination constituted a violation of human rights. In this regard, in the Western Sahara, a territory that was not autonomous, the United Nations had taken a series of resolutions promoting the self determination of the Sahrawi people which deserved special attention.

JEAN-PATRICK SANTORO, of European Union of Public Relations, said in 1993 at the United Nations Conference on Human Rights in Vienna, a concerted effort was made by non-governmental organizations and women organizations to change the existing terminology on human rights that were defined mainly as rights of men, and where a new dimension was proposed and emerged – women’s human rights. Gender disparity was rooted in gender inequalities. Gender gaps were seen in uneven sex ratio, limited access to health and education, lack of employment as well as fair and unequal remuneration. Further, globalization had resulted in the feminization of poverty. Women were largely employed in informal sectors where labour legislation and protective coverage rarely applied.

RONALD BARNES, of Indian Council of South America, said the Vienna Declaration and Programme of Action fully supported the right to self determination for all peoples. The Government of Peru had ordered the national Police to attack indigenous peoples in Peru who were engaging in a non-violent protest, resulting in many deaths and injuries. Peru must now promote a full study on the right to self determination with the aim of creating a mechanism to prevent such violence and conflicts due to the denial of the right to self determination of indigenous peoples and the denial of the right to consent in the exploitation of their lands, territories and resources. The United States and Canada needed to step up their efforts to address outstanding violations against indigenous peoples and take the international treaty obligations seriously rather than using puppet Governments and terrorism and national security as an excuse to evade them.

Right of Reply

CARLOS SIBILLE RIVERA (Peru), speaking in a right of reply, said that on 5 and 6 June there were clashes between indigenous peoples and the police during which 34 people died, 24 were police officers and 10 were civilians. No organization, including the Red Cross, had information on more deaths. Together with representatives of the indigenous peoples a comprehensive plan was developed and a broad agreement was signed yesterday. Mr. Anaya, the Special Rapporteur on the human rights of indigenous peoples, was currently on his way to Peru. He would meet with many representatives during his visit. The Peruvian Government was constantly engaged in dialogue and was committed to the protection of human rights.


For use of the information media; not an official record



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