COUNCIL HOLDS GENERAL DEBATE ON PROTECTING ALL HUMAN RIGHTS: CIVIL, POLITICAL, ECONOMIC, SOCIAL AND CULTURAL RIGHTS AND RIGHT TO DEVELOPMENT

The Human Rights Council this morning heard the Chairperson of the Working Group on the Optional Protocol to the Convention of the Rights of the Child present a report, and then held a general debate on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development. The Council also concluded its interactive dialogue with the Special Representative of the Secretary-General on violence against children.

Drahoslav Stefanek, Chairperson-Rapporteur of the Working Group on the Optional Protocol to the Convention of the Right of the Child, said the first session of the Working Group had taken place in late December 2009. There was clear evidence of a strong commitment to the promotion and protection of the rights of the child. The Working Group had held a general debate on five topics including reasons and timing to elaborate a communications procedure under the Convention and the unique nature of the rights of the child and specific rights enshrined in the Convention. During the general debate, some key issues had been identified, including the legal capacity of children and their representation, considering the best interest of the child, as well as the inclusion of an inquiry procedure.

In the general debate on promoting and protecting all human rights, speakers said an Optional Protocol to the Convention on the Rights of the Child could significantly protect the rights of children. In the process of elaboration of an Optional Protocol, some strongly advocated that this be done while respecting the principle of completely exhausting domestic remedies before recourse to the Committee on the Rights of the Child. Other issues raised included that all human rights were universal, indivisible, interdependent and interrelated; how the right to self-determination was an essential pre-requisite for the genuine exercise of all other human rights and freedoms; how despite international treaties based on the concept of non-discrimination, discrimination was the rule rather than the exception, and how this could be tackled; arbitrary deprivation of citizenship; the importance of ensuring freedom of religion and belief; and calls for abolishing the death penalty worldwide.

Sang-Hyun Song, President of the International Criminal Court, addressing the Council during the general debate, said the International Criminal Court maintained a special relationship with the United Nations, rooted in the preamble of the Rome Statue. While the International Criminal Court was a court of last resort for situations that had escalated to extremes, the Council and its mechanisms offered a first line of defense and worked to prevent such escalation in the first place. The Council had also helped building national capacity, for example through the provision of judicial and witness protection trainings.

Speaking this morning in the general debate were the European Union, Pakistan, Nigeria, Argentina on behalf of the Common Market of the South, Finland on behalf of the Core Group of States supporting the Optional Protocol to the Convention on the Rights of the Child, Pakistan on behalf of the Organization of the Islamic Conference, Norway, the Russian Federation, Ukraine, Slovakia, the Netherlands, China, the United States, Iceland, Canada, Denmark, Kuwait, the International Federation of Red Cross and Red Crescent Societies, the Holy See, and Georgia.

At the beginning of the meeting, the Council concluded its interactive dialogue on violence against children.

Marta Santos Pais, Special Representative of the Secretary-General on violence against children, in concluding remarks and in response to questions on how to mainstream fighting violence against children into the Council’s agenda, said this week’s discussions should be pursued by panel discussions, by seeking support of mandate holders, and by ensuring that violence against children would be given attention within the Universal Periodic Review process. Notably, voluntary commitments made by countries in the Universal Periodic Review would allow following-up recommendations of the United Nations study on violence against children. Moving forward regarding law reforms was also important, and Ms. Santos Pais was confident that those 25 countries that explicitly banned violence against children would soon be joined by other States.

During the interactive dialogue on violence against children, speakers said, among other things, that violence against children remained largely invisible and socially acceptable, but that it was an area worthy of the international community’s utmost efforts. Speakers agreed with the key areas the Special Representative had outlined as needing to be prioritized and commended her strong emphasis on child participation. They underscored that the key task ahead was to translate existing alliances and partnerships into concrete action in key priority areas. The Special Representative should also express her views on how the Universal Periodic Review could contribute to the effective implementation of the recommendations of the UN study on violence against children.

Speaking this morning on violence against children were the representatives of Austria, Egypt, Hungary, Norway, Denmark, the United Nations Children's Fund, Slovenia, Uruguay, Lebanon, Canada, Slovakia, Switzerland, Portugal, Republic of Korea, Indonesia, Djibouti, Mexico, and Uzbekistan.

The following non-governmental organizations also took the floor: Save the Children, Women’s World Summit Foundation and the General Federation of Iraqi Women.

Speaking in right of reply was Iraq.

The next meeting of the Council will be at 3 p.m. this afternoon, when it will conclude its general debate on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, and then meet in private under its Complaint Procedure.


Interactive Dialogue with Special Representative of Secretary-General on Violence against Children

THOMAS UNGER (Austria) said Austria welcomed the emphasis the Special Representative of the Secretary-General on violence against children placed in her work on a continued cooperation with and securing the participation of children and young people affected by violence, as this was crucial in order to gain important lessons on how best to ensure prevention for violence against children in the future, and the Special Representative should share further insight into this important work. Violence against children remained largely invisible and socially acceptable. How did the Special Representative seek to discuss the issues of accountability and impunity for violence against children, and what role could the Council play to better address this issue, Austria asked. The Fourth Milestones meeting held in September 2008 devoted to boosting global violence prevention was an important step for the introduction of an explicit national legal ban on all forms of violence against children and the consolidation of national data systems and research in the field. In this respect, Austria wished for more information about programmes which aimed to support victims of domestic violence.

HEBA MOSTAFA (Egypt) said in spite of the short time span since Marta Santos Pais had assumed her position as a Special Representative of the Secretary-General on violence against children, her report demonstrated a high degree of commitment to engage in consultations with various stakeholders and relevant international and regional mechanisms. Egypt particularly appreciated the mandate holder’s participation at the Cairo Conference which had been held in 2009, commemorating the twentieth anniversary of the Convention on the Rights of the Child. Egypt agreed with those key areas which Ms. Santos Pais had outlined as needing to be prioritized, including the development of a comprehensive strategy on violence prevention and response in each State; the introduction of an explicit national legal ban on all forms of violence against children; and the consolidation of national data systems and research in that field. Egypt for its part, in upholding its obligations towards the promotion and protection of children’s rights, had exerted various efforts on the legislative and policy fronts, as well as on the societal level through national plans and programmes.

BALAZS RATKA (Hungary) said Hungary’s efforts to combat violence against children concurred with priority areas outlined by the Special Representative in her report. Parliament had initiated a comprehensive national strategy with a special emphasis on the best interest of children. The Act on the Protection of Children had established an early warning system to ensure the prevention of such crimes. The Ministry of Social Affairs and Labour also operated an emergency hotline for cases of domestic violence. That was complemented by the cooperation of civil society with caregiver institutions and the police. Hungary had been responding positively to new calls by the study on violence against children on an Optional Protocol to the Convention on the Rights of the Child for a communications procedure, which could significantly protect the rights of children. While appreciating the work of the Special Representative, despite her short time in office, Hungary wanted information on her plans for future cooperation with other regions.

BAARD HJELDE (Norway) said the setting up of the office of the Special Representative of the Secretary-General on violence against children had been challenging, but in spite of this she had been actively reaching out in this initial phase of her mandate, and building important alliances. The key task ahead was to translate such alliances and partnerships into concrete action in key priority areas, based firmly on the recommendations of the UN study on violence against children. The strong emphasis put on advocacy work for the development of national legislation to protect children from violence was welcomed. Prohibition of all forms of corporal punishment and harmful traditional practices was an essential step towards ending all forms of violence against children. The Special Representative should continue to work closely with the Special Representative for children in armed conflict, as well as with all relevant United Nations agencies. Her strong emphasis on child participation was commended. The involvement of children and young people was essential in the continued promotion of actions to address violence against children. The successful fulfilment of the mandate depended on the scale of support provided, both financial and political; having a sufficient level of financial support was a prerequisite for setting up an independent and efficient office.

ARNOLD DE FINE SKIBSTE (Denmark) said violence against children was an area worthy of the international community’s utmost efforts. The enhancement and protection of children’s rights was a key priority for the Danish Government. The Government’s work for children involved the inclusion of children’s rights and needs in its development programmes as well as a clear priority in the Government’s approach to international human rights work. Denmark offered its assistance, at a national level or through the European Union, in areas in need of attention. In that regard, Denmark would be happy to receive the thoughts of the Special Representative of the Secretary-General on violence against children on issues where it could be of help. Further, in what fashion did Ms. Santos Pais envisage that Member States could cooperate with her to meet challenges in terms of trafficking of children, children in migration, and children living with HIV/AIDS in both the short and the long run? Denmark was proud to support the mandate of that Special Representative financially and encouraged other Member States to make contributions to that office.

NICOLETTE MOODIE, of the United Nations International Children's Emergency Fund, thanked the Special Representative for her informative report. The United Nations had brought the study on violence against boys and girls to the forefront of international concern. The United Nations International Children's Emergency Fund welcomed the Special Representative’s three overarching recommendations: the development in each State of a comprehensive strategy on violence against children; the introduction of an explicit national legal ban on all forms of violence against children; and the consolidation of a national data collection systems, analysis and dissemination and research in that field. It was important to address the role of social norms in the persistence of human rights violations through the promotion of positive protective norms and behaviours. The participation and empowerment of children was especially important as well as the engagement of boys and men. The United Nations International Children's Emergency Fund would offer its technical support to that end and looked forward to collaboration with all and the Special Representative.

ANDREJ LOGAR (Slovenia) said in Slovenia legislative and policy measures had been taken to address the issue of violence against children; ending violence against children at home was one of the key objectives of the Family Violence Prevention Act, which entered into force in 2008. The debate on the draft family code was currently taking place in Parliament, and one of its novelties was also the prohibition of corporal punishment. The Universal Periodic Review had proved to be an effective mechanism in monitoring the situation of human rights in all countries. Since violence against children was present in every country of the world, the Special Representative should express her views on how the Universal Periodic Review could contribute to the effective implementation of the recommendations of the UN study on violence against children.

PAULINE DAVIES (Uruguay) said in recent years there had been an increasing awareness of the seriousness of violence against children that was taking place in Uruguay’s society, and mostly without denunciation. Uruguay had adopted various concrete measures for the protection of children and adolescents against physical, sexual and psychological violence, as required by Uruguay’s obligations arising from the ratification of the Convention on the Rights of the Child. Violence against children had various faces and thus needed to be tackled in an integrated manner, including by various actors and sectors of society, the Government, as well as including children. Uruguay had established such an integral system for the protection of childhood and adolescence against violence, in close collaboration between State agencies and civil society organizations. In concluding, Uruguay asked the Special Representative of the Secretary-General on violence against children for her opinion on the measures that were necessary to strengthen the existing mechanisms of international judicial cooperation?

RANA MOKADDEM (Lebanon) thanked the Special Representative of the Secretary-General on violence against children for focusing on the role of States in addressing the topic of violence against children. Lebanon had been tackling the scourge of violence against children by reviewing its legislation. The Higher Council for Children was working with civil society. The Government was working with non-governmental organizations helping victims of violence. Lebanon had also taken practical steps at the institutional level, which included a Chamber to deal with children’s cases. All of those were early pilot projects yet Lebanon attached the utmost importance to them. Lebanon condemned all forms of violence against children. They had to determine the phenomenon in order to abolish it by all possible means.

MANON BOISCLAIR (Canada) said violence was a cruel reality for children throughout the world, in different milieus, and was often committed by persons that children trusted. Children living in poverty or conflict areas were particularly vulnerable and needed particular protection from abuse, exploitation and violence, in particular sexual violence and gender-based violence. How did the Special Representative plan to organize her reports, and would she focus on the specific manifestations of violence against children or violence in a particular context and directed against a particular group? Canada strongly supported the recommendations contained in the United Nations study on violence against children, particularly those related to the role of Governments in acting to end violence. It was imperative that effective national protections existed to prevent violence and address it where it had occurred. Where solutions were sought, children should also have the opportunity to be heard. In her report, the Special Representative of the Secretary-General on violence against children referred to the significance of child participation in the development and promotion of actions to address violence - how would she propose to further integrate children into actions taken to implement her mandate in her future work, Canada asked.

BRANISLAV LYSAK (Slovakia) said in her report the Special Representative of the Secretary-General on violence against children had enlisted three priorities of her mandate, namely building upon the recommendations of the United Nations study on violence against children; strengthening key partnerships to achieve progress; and securing firm support to the prevention of violence. Synergies among various Special Procedures and other United Nations bodes devoted to the rights of the child were necessary, and Slovakia would be interested to know how Ms. Santos Pais saw her role in that context. Slovakia also believed that compliant judicial systems and international cooperation should be further strengthened. Taking into account such risk factors as alcohol or drug abuse, strained relationships, as well as the use of information and communication technologies by children and perpetrators of violence, Slovakia asked what should be, in Ms. Santos Pais’ view, the order of priorities upon which the international community should act?

BARBARA FONTANA (Switzerland) said Switzerland appreciated the importance that the Special Representative of the Secretary-General on violence against children had attached to bolstering strategic partnerships and to creating synergies. On the strategic agenda, Switzerland wanted to know more about the methods of work she would choose to address prevention and a national prohibition of all forms of violence against children and the promotion of a data collection system.

PEDRO RODRIGUES DA SILVA (Portugal) said Portugal shared the priorities defined in the report, and was working to implement the recommendations of the United Nations study on violence against children. In 2007, Portugal had joined the group of countries that had criminalized all forms of violence against children, including corporal punishment, in all settings. Violence against children was considered a public crime, and all citizens had the obligation of reporting cases of violence. Portugal had also engaged in an exercise of improving the national system of data collection, believing that it needed to know the reality regarding violence against children in order to improve action. Portugal was one of the four countries that volunteered for reviewing their national policies for protecting violence against children, in accordance with the Council of Europe Policy Guidelines on national integrated strategies for the protection of children from violence.

WIE-YOUNG HA (Republic of Korea) noted with particular interest the emphasis of the Special Representative of the Secretary-General on violence against children on the importance of sharing good practices and information on ways to counter violence against children. The Republic of Korea also appreciated the ongoing endeavors of Ms. Santos Pais to build strategic partnerships with various stakeholders, including United Nations agencies, the Committee on the Rights of the Child, Special Procedures of the Human Rights Council, as well as civil society. The Republic of Korea observed that with the rapid development of transportation systems and the Internet, violence against children had emerged as a transnational crime that required closer cooperation among countries. It therefore hoped that due attention would be given to that issue during the future work of the Special Representative in order to assist States in their campaigns that responded to violence against children. In that regard, could Ms. Santos Pais further elaborate on her initial thoughts, observations and recommendations on how to deal effectively with transnational crime relating to children? How could the international community promote closer cooperation among States in that regard, the Republic of Korea further asked?

HAVID ABBAS (Indonesia) said the three principles of the Special Representative of the Secretary-General on violence against children: a comprehensive strategy on violence against children, an explicit national ban against such violence, and a central data collection mechanism, had opened the way for real progress in addressing violence against children. Indonesia’s Stop Violence against Children campaign of 2007 was one way of combating the issue in the country. It had involved consulting children in provinces to raise awareness. A hotline service and integrated service centres for the protection of children throughout the country had also been set up in that regard. Indonesia reiterated that there was an effective need for a central data collection system. For the National Development Plan for 2009-2014, the Government had earmarked a budget to step up efforts in that regard. It was also stepping up measures to bolster the legal system, in terms of how it dealt with children. Indonesia reiterated its strong commitment to children in its country and around the world.

AHMED MOHAMED ABRO (Djibouti) said Djibouti was pleased to note that since the Special Representative of the Secretary-General on violence against children took up her mandate, she had been developing a strategic vision and a plan of action based on the one hand on the recommendations in the United Nations study on violence against children and on the other on consultations with various stakeholders. The serious study was a useful working tool which should guide the joint action to eliminate all forms of violence against children. Broad consultations and partnerships with Governments and civil society were key to the presentation of recommendations based on the realities of children's lives. Violence against children was unjustifiable, could be prevented and must be fought. It was a matter for concern that, according to the Special Representative, the visibility of the phenomenon was still limited. Denial and harmful traditional practices seemed to explain this lack of visibility, despite identification and prevention mechanisms. If the creation of a political, economic, and social environment, and the implementation of a pedagogical tool which permitted the creation of an unthreatening space were constructed, then the international community would be fulfilling its commitment.

VICTOR GENINA (Mexico) recognized the importance of the three strategic areas the Special Representative of the Secretary-General on violence against children had identified. Mexico believed that violence against children could be prevented through a substantive change in daily practices in the family, community and society, by recognizing children’s human rights status. The Government of Mexico also recognized the importance of making society aware of how mistreating children negatively affected their development in several areas of life. It further attached importance to the role the media could play in eliminating stereotypes regarding violence against children. What was the Special Representative’s view on that issue? Mexico concluded by reiterating its firm support to the important work the Special Representative had accomplished.

BADREDINE ABIDOV (Uzbekistan) thanked the Special Representative for her report. One of the priority areas of State policy in Uzbekistan was to set up the best place for the spiritual and physical well being of children. In 2008, Uzbekistan had put in place a law on guaranteeing the rights of the child. In 2009, the State budget on social support had amounted to roughly 55 per cent, which was rare in a situation of a financial and economic crisis. Uzbekistan had conducted a range of major social programmes. It had also set up all conditions for the social protection of children and women. Furthermore, it complied fully with its international commitments, partly by ratifying International Labour Organization conventions on children’s labour rights.

ROBERTA CECCHETTI, of International Save the Children Alliance, in a joint statement with International Catholic Child Bureau; International Federation Terre des Hommes; and Myochikai Arigatou Foundation, said the right to be heard and the right to live free from all forms of violence were inseparable. The United Nations study on violence against children had exposed the scandalous levels of violence inflicted on children, in every continent of the world. Some traditional attitudes about the nature of children and childhood were harmful and held back progress. Child protection was not separate from children's human rights - it was the same thing. Using the framework of the Convention on the Rights of the Child to protect children's human dignity and mental and physical integrity ensured all aspects of children's well-being were considered. Within the follow-up to the United Nations study's recommendations, there were actions that could be taken to substantially increase children's participation in violence prevention and protection - none of these were unrealistic.

ELLY PRADERVAND, of Women’s World Summit Foundation, in a joint statement, wished to empower the work of the Special Representative of the Secretary-General on violence against children by letting her know that she had at her disposal a whole civil society army that consisted of thousands of advocates and actors who had already been commemorating the World Day for the prevention of child abuse since 2000. That international civil society coalition of relevant organizations and institutions exhibited extraordinary creativity at the national and grassroots level to truly help creating a global culture for prevention, of which Ms. Santos Pais now was the custodian. Every society, regardless of its cultural, economic or social background, could and must stop violence now. That required the transformation of the mindsets of societies, and a transformation of underlying economic and social conditions and of cultural traditions associated with violence against children.

INTISAAR MOHAMMED, of General Federation of Iraqi Women, said the General Federation supported the protection of children from all forms of violence, particularly in situations of war and armed conflict. It called on the Special Rapporteur on children in armed conflicts to focus on that matter, given the suffering of children. The rights of children in Iraq had been undermined in recent years. A report by Amnesty International said education in Iraq was on the brink of collapse. Children were being sold. The authorities were not taking measures to protect Iraqi children.

Right of Reply

ABDULLAH SHALLAL ABDULKARIM (Iraq), speaking in a right of reply, said that in Iraq, children had access to education, and the statement by the General Federation of Iraqi Women should not be adopted.

Concluding Remarks by Special Representative of Secretary-General on Violence against Children

MARTA SANTOS PAIS, Special Representative of the Secretary-General on Violence against Children, in concluding remarks, thanked all delegations for their commitment to moving forward the agenda of violence against children. She thanked States which had financially contributed to her mandate, and hoped that funding would not be limited to a few donors. The close collaboration with several key stakeholders from all sectors had allowed making good use of her short mandate, Ms. Santos Pais underscored. She was also pleased to having been able to participate in the 2009 Cairo Conference, and hoped that the results of that Conference would lead to tangible results at the national level. Reacting to comments made, Ms. Santos Pais said the leading responsibility in translating the agenda on violence against children into national legislation lay with Member States. As for questions on how to mainstream violence against children into the Council’s agenda, this week’s discussions should be pursued by panel discussions, by seeking support of mandate holders, and by ensuring that violence against children would be given attention within the Universal Periodic Review process. Notably, voluntary commitments made by countries in the Universal Periodic Review would allow following-up recommendations of the United Nations study on violence against children. Moving forward regarding law reforms was also important, and Ms. Santos Pais was confident that those 25 countries that explicitly banned violence against children would soon be joined by other States. Nevertheless, legislation also needed to be implemented, which could inter alia be achieved by training professionals and changing mindsets.

Report on Optional Protocol to the Convention on the Rights of the Child

In the report of the open-ended Working Group to explore the possibility of elaborating an Optional Protocol to the Convention on the Rights of the Child to provide a communications procedure, Chairperson-Rapporteur: Drahoslav Štefánek (Slovakia) (A/HRC/13/43) outlines the main contents of the Working Group’s session, held from 14 to 18 December 2009; discusses the reasons for elaborating a communications procedure under the Convention on the Rights of the Child; and assesses the implications of that undertaking.

Presentation of Report of Working Group on Optional Protocol to Convention on the Rights of the Child

DRAHOSLAV STEFANEK, Chairperson–Rapporteur of the Open Ended Working Group on an Optional Protocol to the Convention of the Rights of the Child, said the first session of the Working Group had taken place in late December 2009. He was grateful to all participants for the constructive spirit that had been demonstrated during that session. There was clear evidence of a strong commitment to the promotion and protection of the rights of the child. The session had benefited from the presence and written contributions of numerous experts. After the adoption of the agenda, the Working Group held a general debate on five topics including reasons and timing to elaborate a communications procedure under the Convention on the Rights of the Child; existing international mechanisms, their efficiency and accessibility to children; efficiency in the protection of the rights of the child under mechanisms existing at the national and international levels; the unique nature of the rights of the child and specific rights enshrined in the Convention; the implications of a communications procedure under the Convention, including the right to be heard; and the implications of a communications procedure under the Convention and feasibility of the procedure. During the general debate, some key issues had been identified including: the legal capacity of children and their representation; the need to obtain their consent; considering cultural particularities; considering the best interest of the child; the right to be heard; the duration of proceeding and; the inclusion of an inquiry procedure.

On the topic of reasons and timing to elaborate an Optional Protocol, the Chairperson of the Committee on the Rights of the Child had concluded that such a procedure was necessary, as it would contribute to the overall protection of children’s rights. On existing international mechanisms, their efficiency and accessibility for children from the perspective of Special Procedures, the Special Rapporteur on the sale of children, child prostitution and child pornography had said the new communication procedure would compliment her mandate. On the topic of the efficiency of the rights of the child under mechanisms existing at the national and regional levels: best practices and deficiencies, the Vice President of the Non-governmental Organization Group for the Convention on the Rights of the Child had referred to the existing gap between the obligation of States in ratifying the Convention and how far children’s rights had been realized. On the topic of the unique nature of the rights of the child and the specific rights from the Convention on the Rights of the Child, it was underlined that the experience had evolved over 20 years and included changes towards perceptions of children as rights holders. On the topic of implications and feasibility of a communication procedure under the Convention on the Rights of the Child, the Chairperson of the Committee on the Rights of the Child had identified the implications of those on the work of the Committee. The Working Group adopted its report at the final meeting on December 18 2009. On the future of the process, the mandate of the Working Group had been fulfilled. There had been no objections to the elaboration of a new Optional Protocol. Resources and the cost effectiveness of the following process had to be borne in mind. The Council was encouraged to provide the Working Group with a stronger mandate to proceed to the elaboration of the Optional Protocol.

Reports Under Agenda Item on the Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, Including the Right to Development

The thematic study by the Office of the United Nations High Commissioner for Human Rights on the structure and role of national mechanisms for the implementation and monitoring of the Convention on the Rights of Persons with Disabilities (A/HRC/13/29), among others, provides illustrative examples of such structures, and sets out conclusions and recommendations for the establishment or designation of effective implementation and monitoring frameworks for the Convention at national level.

The report of the Secretary-General on human rights and arbitrary deprivation of nationality (A/HRC/13/34) emphasizes States’ obligation to implement fully the principle of non-discrimination when deciding on issues relating to the acquisition and retention of a nationality, and recalls the general obligation of States to prevent statelessness. It also addresses the question of the right to a nationality and arbitrary deprivation of nationality in the context of State succession.

The report of the Office of the United Nations High Commissioner for Human Rights on the impact of the global economic and financial crises on the realization of all human rights and on possible actions to alleviate it (A/HRC/13/38) recognizes the potential of the global crisis to reverse or slow down progress in achieving the internationally agreed development goals and underscores the need to continue to monitor the impact of the crisis on the human rights of those affected by it.

The report of the Secretary-General on the joint workplan of the Division for the Advancement of Women and the Office of the United Nations High Commissioner for Human Rights (A/HRC/13/70) provides a review of the implementation of the 2009 joint workplan of the Division for the Advancement of Women and OHCHR and contains the joint workplan for 2010.

The note by the Secretary-General on the report of the United Nations Development Fund for Women on the activities of the Fund to eliminate violence against women (A/HRC/13/71) transmits the UNIFEM report, which looks at activities in a number of strategic areas, including supporting the implementation of laws, policies and action plans; expanding survivor access to support services; and addressing the intersection between violence against women and HIV/AIDS. It also provides an analysis of grant applications awarded in 2009, and reports on UNIFEM Programming and the Strategy for 2008 to 2013.

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

PABLO GOMEZ DE OLEA (European Union) said all human rights were universal, indivisible, interdependent, and interrelated, and all States had the legitimate and permanent responsibility to promote and safeguard all human rights in a fair and equal manner, and the international community had an important role to play in encouraging this. The European Union recalled that everyone was therefore entitled to all the rights and freedoms set forth in the Universal Declaration of Human Rights, and international human rights instruments, without distinction of any kind. It was the obligation of all States to protect and promote all human rights and fundamental freedoms, regardless of their political, economic and cultural systems. There could be no valid exemption from the principles enshrined in the Declaration through special provisions based on tradition or on national, cultural, or religious considerations. Women's rights merited the special attention of the Council and of other relevant human rights bodies as they were all too often flouted in the world. The European Union could not accept the continuing violations of human rights in all regions of the world based on sexual orientation and gender ability. The protection and promotion of the rights of the child was another priority, and there was plenty of work ahead to realise fully the rights of persons with disabilities. The European Union was fully committed to tolerance and reaffirmed its willingness to work with all States to fight against racism, xenophobia, incitement to hatred or violence and other forms of discrimination and intolerance. Economic, social and cultural rights must be further and substantially advanced, always in parallel with civil and political rights.

ZAMIR AKRAM (Pakistan) said the exercise of a people’s right to self-determination was an essential pre-requisite for the genuine exercise of all other human rights and freedoms. Only when self-determination had been achieved could a people take the measures necessary to ensure human dignity and full enjoyment of all other rights without discrimination. Having itself gained independence through the exercise of the fundamental right of self-determination, Pakistan had always extended political, moral and diplomatic support to the exercise of that right by all other peoples who were recognized as being entitled to that right. However, that right continued to be denied to some based on different pretexts even today, with two explicit examples being the Occupied Palestine and Jammu and Kashmir. Regional peace and prosperity in South Asia remained hostage to the solution of the longstanding and core dispute of Jammu and Kashmir, and Kashmiri people continued to be the subject of widespread human rights violations.

ABDULLAH AHMED YOLA (Nigeria) said the Convention on the Rights of the Child was the first legally-binding international instrument to incorporate the full range of human rights, including economic, social and cultural rights and civil and political rights. Since the adoption of the Convention, some progress had been recorded in realising these rights. The Convention, which introduced binding obligations on States Parties, required Governments to protect and promote the rights of children, which were necessary to fulfil their needs. Nigeria believed in the necessity for the rights of the child to be protected. By ratifying or acceding to the Convention, States had undertaken to be bound by it, and had further committed themselves to protecting and ensuring children's rights and to hold themselves accountable for this commitment before the international community. However, in spite of the various mechanisms put in place for the effective protection of children's rights, it was regrettable that children still suffered in both industrialised and developing countries. Effective protection of the rights of children should start at the domestic level. In the process of elaboration of an Optional Protocol, Nigeria would strongly advocate that this be done while respecting the principle of completely exhausting domestic remedies before recourse to the Committee on the Rights of the Child.

GONZALO M. JORDAN (Argentina), speaking on behalf of Southern Common Market (MERCOSUR), said since 2005, MERCOSUR had established a regional high-level body to analyze and promote human rights issues, exchange experiences, and coordinate regional action. The body had specific Working Groups on various subjects, including on children. Since being set up, a number of joint activities had been carried out, with projects and best practices resulting in effective progress in protecting the rights of children and adolescents. The development of an Optional Protocol was part of the Working Group's agenda, and had been since 2006, and it had been coordinating views and exchanging action in order to get this adopted. The Argentine Human Rights Secretariat was looking at holding a seminar in the framework of the negotiations and in order to continue negotiations. The MERCOSUR States reiterated their support for the efforts of the Working Group, and stated a wish that the Human Rights Council took the urgent decision to formulate an Optional Protocol to complement the procedure of presenting national reports to the Committee on the Rights of the Child. The dialogue with Experts during the December meeting had generated better awareness of the need for a complaints mechanism, dissipated doubts, and highlighted challenges. The Convention on the Rights of the Child had celebrated its twentieth anniversary, but there was still much to be done to protect the rights of children and adolescents.

PEKKA METSO (Finland), speaking on behalf of Cross-regional Core Group of States supporting the Optional Protocol to the Convention on the Rights of the Child, said that Convention on the Rights of the Child was unique in many ways and all rights contained therein were to be interpreted in the light of four general principles, namely non-discrimination, the best interests of the child, the right to life, as well as survival and development and the respect for the views of the child. The Cross-regional Group further firmly believed that the time had come to move to the next phase of work and to reinforce the current mandate of the open-ended Working Group. The Working Group, in collaboration with a larger group of friends, would therefore table a procedural resolution that provided the Working Group with a mandate to draft an Optional Protocol to the Convention on the Rights of the Child establishing a communications procedure. The Group aimed at conducting open, transparent and inclusive consultations on the draft resolution with all interested delegations.

MARGHOOB SALEEM BUTT, (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said at the outset, the Organization of the Islamic Conference appreciated the constructive as well as the transparent approach used by the Working Group to explore the possibility of the elaboration of an Optional Protocol to the Convention on the Rights of the Child in the last session held in December 2009. The Organization of the Islamic Conference Member States attached great importance to the rights of the child, and had already ratified the Convention. At the same time, they had always supported international initiatives aimed at protecting and promoting the human rights of children. The Member States were thoroughly discussing the proposal of establishing a complaint procedure. The December session provided an excellent opportunity to the Member States to have answers for most of the questions and concerns, but a number of issues and questions remained unaddressed. The Organization of the Islamic Conference expected that such questions would be addressed in due course, and stood ready to discuss this important development with all interested partners.

BEATE STIRO (Norway) said the concept of non-discrimination lay at the heart of human rights. All human beings were born free and equal in dignity and rights - everyone should enjoy all human rights, and no-one should be excluded. Discrimination fed mistrust, resentment, violence, crime and insecurity, and had no beneficial aspects for society whatsoever. On the contrary, it reduced productivity. Today a whole range of rights-based international treaties were based on the concept of non-discrimination. Still, discrimination was the rule rather than the exception. A continued denial of basic rights condemned women to marginalisation and poverty, which in turn exposed hundreds of millions of women and girls to continued abuse. Racism remained one of the most dangerous forms of discrimination, and could all too easily lead to hatred violence, full-blown conflict, crimes against humanity, and genocide. Indigenous peoples made up five per cent of the world population, but fifteen per cent of its poorest people. Minorities in all regions of the world faced threats and discrimination, and were frequently excluded from fully taking part in the economic, political, social and cultural life in the countries and societies in which they lived. Discrimination, intolerance, exclusion, prejudice and xenophobia on the grounds of religion or belief occurred not only between religions but also within religions. Many other groups faced intolerable discrimination, such as gays, lesbians and transgender persons, persons with disabilities, stateless people, refugees and migrants. The respect for human rights constituted the strongest pillar of national security and democracy, and should not be dependent on any ideological and political convenience. The struggle against discrimination should be intensified and given higher priority by all societies and at all levels.

EVGENY USTINOV (Russian Federation) said this 9 May would mark the sixty-fifth anniversary of the victory against Nazism, as a result of which the United Nations and the universal system for the promotion and protection of human rights had been set up. The Russian Federation drew attention to the long-standing human rights problem of arbitrary deprivation of citizenship which disabled its victims from participating in the running of a country, and from benefiting of social protection, education and health care. That issue, also in the context of successor States, needed to be given careful attention by Special Procedures, the Human Rights Council and the Office of the High Commissioner for Human Rights. The Russian Federation would introduce a corresponding draft resolution and called upon all States to support that initiative. It further believed that the Working Group on the Optional Protocol to the Convention on the Rights of the Child had provided a platform for the discussion and exploration of the possibility of developing an Optional Protocol to that Convention. The Russian Federation was convinced that that important legal document could only be adopted on the basis of consensus.

ANTONINA SHLIAKOTINA (Ukraine) said Ukraine attached great importance to improving the state of human rights in the world. Better implementing international human rights treaties, strengthening the system of Special Procedures, and promoting human rights education should become more significant for further international cooperation towards the universal realization of human rights. The obligation to respect human rights was unconditional. Efforts to combat terrorist acts should be implemented with full respect to human rights, fundamental freedoms and humanitarian law. The Human Rights Council would continue to assist countries in fulfilling their human rights obligations. Fighting poverty was also about promoting human rights. Ukraine remained strongly opposed to the use of the death penalty. It welcomed global trends towards its abolition and commended States that had taken steps in that direction. Ukraine remained concerned that a large number of executions were still being carried out. It reiterated its strong commitment to cooperation and dialogue with the Council to promote and protect human rights worldwide.

FEDOR ROSOCHA (Slovakia) said there had been substantial progress in various human rights domains. One of those positive examples was progress achieved worldwide in abolishing the death penalty, and the world community should not spare any efforts to accomplish the goal of a global moratorium by 2015. This year was a year of anniversaries related to the rights of the child. These celebrations had not been conducted in useless appraisal, but in the spirit of dialogue on difficult issues, such as sexual violence against children. Slovakia was satisfied that the issue of the rights of persons with disabilities had been solidly integrated into the agenda of the Council. Its rising importance had been clearly demonstrated by the participation of delegations during the debate. The financial crisis and re-emerging social problems worldwide required that attention be constantly paid to the realization of economic, social and cultural rights - this, however, should not be done to the detriment of protection and promotion of civil and political rights.

ROBERT JAN SIEBEN (Netherlands) said approximately 260 million men and women in all parts of the world suffered discrimination on the basis of work or descent and, as a consequence, suffered extreme poverty. These men and women should be able to take their fate into their own hands. For that reason, the Netherlands welcomed the efforts of the High Commissioner’s Office to develop a set of principles and guidelines on how to tackle that form of discrimination. Combating discrimination based on sexual orientation was also a priority for the Netherlands who noted that all countries from all regions were working together to make that happen. The delegation further emphasized the importance of a complete abolition of the death penalty and urged all States where capital punishment was still in force to establish a moratorium on executions by 2015, which was a first step towards complete abolition. The Netherlands for its part had participated with great interest in the Fourth World Congress against the Death Penalty that was held in Geneva two weeks ago.

XU JING (China) said civil, political, economic, social and cultural rights were interdependent and inseparable. The Council should promote the two sets of rights in a more balanced manner. The Special Rapporteurs should participate in interactive dialogues. In light of reactions, Special Procedures should be improved. Some Special Procedures should improve the quality of their reports, to ensure that they were objective and comprehensive. They should work strictly in line with their mandates. China attached importance to cooperating with Special Procedures. It had already received a set of them. China had formally invited the Special Rapporteur on the right to food. The report of the Open Ended Working Group on an Optional Protocol to the Convention on the Rights of the Child reflected the views of various parties in a balanced manner.

JOHN MARIZ (United States) said the United States had a firm commitment to the protection and promotion of all human rights. People must be free from the oppression of tyranny, from torture, from discrimination, and from the fear of leaders who would imprison or “disappear” them. But they must also be free from the oppression of want - want of food, want of health, want of education, and want of equality in law and fact. Along those lines, the United States had a strong and long-standing commitment to support development - the promotion of development and human security was one of the crucial pillars of its foreign policy, and it was focused on seeking ways to improve the mechanisms that promoted human rights-centered development, and contributed to the eradication of poverty around the world. In the months since the last Council session, there had been disturbing reminders that combating discrimination required urgent attention, and the international community needed to take concerted action to challenge stereotyping, discrimination and violence motivated by racial or religious hatred with an action-oriented approach that combated discrimination and intolerance, in particular toward members of racial and religious minorities. This session of the Council should take an action-oriented approach to combating discrimination and intolerance while protecting and promoting universal rights of freedom of expression and freedom of religion. The United States remained seriously concerned with the efforts to promote and codify the concept of defamation of religions at the United Nations, and believed it was inconsistent with freedom of expression and religious freedom, and had been used to justify restrictions on human rights.

INGIBJORG DAVIOSDOTTIR (Iceland) said it was too early to assess the full impact of the current world economic crisis. All States should agree to encourage the Council to continue to monitor the impact of the crisis on human rights. Trafficking in human beings resulted in serious breaches of human rights and the dignity of trafficked persons. The fight against trafficking required diverse and effective international cooperation. It was even more important to be vigilant in times of economic downturn, as economic hardships increased the danger of human trafficking. Iceland had adopted a National Action Plan against Trafficking in Human Beings in 2009. Discrimination and violence against children continued to persist in all parts of the world. States had to increase efforts to combat impunity for violence committed against children. Perpetrators had to be brought to justice. Iceland would support efforts to elaborate an Optional Protocol to the Convention on the Rights of the Child to provide a communication procedure under the Convention.

LAURIE SERGENT (Canada) said Canada was determined to protect and promote the rights of persons with disabilities and ensure that they could fully integrate themselves into society. The ratification of the Convention on the Rights of Persons with Disabilities by Canada underlined the Government's firm commitment to this goal - the Convention would help to guide the development of Canada's policies in many areas that were of primordial importance for disabled persons. Canada was proud of having participated in the development of the Convention. A growing number of States had given qualified recognition to the United Nations Declaration on the Rights of Indigenous Peoples - Canada had a long-standing commitment to the rights of indigenous peoples, and the Government had announced that it would take steps to endorse this aspirational document in a manner fully consistent with Canada's Constitution and laws.

ARNOLD DE FINE SKIBSTED (Denmark) said the report of the Special Rapporteur on Torture confirmed that torture took place almost everywhere, and it described very precisely the horribly inhuman nature of that treatment. A step to tackle that phenomenon was to develop the international protection against torture, for instance by resolutions from this body. That was why Denmark at this session again tabled a resolution on torture and cruel, inhuman or degrading treatment or punishment. Last year’s resolution focused on the role and responsibility of health personnel in relation to torture, and this year the delegation intended to focus on the role of the legal profession, whose members had a fundamental role in upholding law and order as well as preventing torture and not furthering or in any way facilitating torture. The independence and integrity of the judicial system was essential for the protection of human rights, including the right not to be subjected to torture.

FALAH AL-HAYRAF (Kuwait) said Kuwait had carefully looked at the report presented by Ms. Jahangir, on the right to freedom of religion or belief. Its discussion on religious tolerance was very important. Kuwait called on all parties to prevent the promotion of religious hatred, which led to violence. It also supported programmes that promoted a culture of tolerance through dialogue. Kuwaiti authorities had drawn up programmes for all parts of society to support moderate views. All persons of religion should promote harmony among different elements of society.

SONIA LEPINE, of International Federation of Red Cross and Red Crescent Societies, said the International Federation of Red Cross and Red Crescent Societies provided assistance without discrimination, and considered the advancement of gender equality fundamental not only to enhance the effectiveness of its operations, but to also secure equal rights and opportunities for women and men. The newly adopted Strategy 2020, setting the framework for action over the next 10 years, incorporated a strong focus on gender equality, clearly spelling out that the organization's activities were intended to reduce vulnerability, including those caused by persistent gender inequalities. In the very near future, the International Federation of Red Cross and Red Crescent Societies would officially adopt its first global strategy on violence prevention, mitigation and response, in which violence against children occupied a prominent place. The International Federation was in a privileged and unique position to support States to tackle the underlying causes of gender inequality and improve the plight of women and girls as the most disadvantaged on a world-wide scale.

SILVANO TOMASI (Holy See) said freedom of religion was not yet fully guaranteed in many countries. Recent surveys indicated that nearly 70 per cent of the world’s 6.8 billion people lived in countries with high restrictions on religion, the brunt of which often fell on religious minorities. The latter’s rights were seriously violated and their freedom of worship hampered. In some regions, followers of minority religions that were not recognised by law had to confess their faith in hiding and illegally, in fear of prison terms and persecution. The Holy See therefore called upon States to respect and promote the right to freedom of religion in all its aspects through national legislation, including appropriate sanctions against violators to eradicate impunity effectively. The State had the responsibility of protecting the fundamental human rights of all people in its territory.

LLIA IMNADZE (Georgia), addressing Professor Kalin’s report on the human rights of internally displaced persons in the Tskhinvali region/South Ossetia, said Georgia was focusing on two fundamental problems: the human rights situation inside the occupied territories and the situation of internally displaced persons who were unable to return to their homes in safety and dignity. The solution to both problems lay with Russia, who was in effective control of the territories. Georgia drew attention to how blatantly inaccurate it was that Russia claimed it had never exercised effective control over the territory of South Ossetia. Russia’s military presence in that region was overwhelming. The deeper one looked the more obvious the effective control of Russia became. Georgia also recalled that Russia was directly responsible for human rights violations on the ground. Russia was a party to current talks as an occupying power. So far no decision had been reached during the second Working Group on the return of internally displaced persons because of the position of the Russian Federation. Russia’s recent statement was a clear demonstration of how it was trying to artificially tie the issue of the return of internally displaced persons and refugees to the signature of the treaty on the non-use of force.

Statement by the President of the International Criminal Court

SANG-HYUN SONG, President of the International Criminal Court, said the International Criminal Court maintained a special relationship with the United Nations, rooted in the preamble of the Rome Statue. The Rome Statue created the International Criminal Court and gave it a mandate to fight impunity for war crimes, crimes against humanity, and genocide. This placed the work of the Court well within the sphere of interest of the Human Rights Council. The Council and the Office of the High Commissioner for Human Rights addressed human rights issues along a broad spectrum. The range extended from breaches of human rights set out in the international bill of rights and other international instruments, and continued to serious breaches of international criminal and humanitarian law committed by States and warring factions. Those latter crimes fell under the Rome Statue. Working together along this spectrum, the Office of the High Commissioner, the Council, and the International Criminal Court supported and complemented each other’s work. There were however important differences. For example, the Court’s jurisdiction was limited to holding individuals, not States, accountable for war crimes, crimes against humanity and genocide. Also, the Court only had jurisdiction over crimes committed on the territory of States Parties or by the nationals of States Parties.

The Human Rights Council – through its Universal Periodic Review mechanism, its Special Procedures and complaints procedures – was well placed to identify breaches of human rights law that were an early warning of potential crimes against humanity. While the International Criminal Court was a court of last resort for situations that had escalated to extremes, the Council and its mechanisms offered a first line of defense and worked to prevent such escalation in the first place. There were also more tangible ways in which the Council and the Office of the High Commissioner contributed to the Rome Statute system; the Office had encouraged peace negotiators to ensure that mechanisms for justice and accountability were properly included in peace agreements. Further, the Council had helped building national capacity, for example through the provision of judicial and witness protection trainings. Those helped States to fulfil their responsibilities under the Rome Statute to carry out genuine domestic proceedings for atrocity crimes. Over time, the International Criminal Court’s impact on the broader spectrum of human rights and accountability may also become more apparent. Some observers already believed that the Court’s work may have deterred some crimes.


For use of the information media; not an official record


HRC10/027E