Source: http://webcast.un.org/ramgen/conferences/hrc2006/four/hrc070315pm1-eng.rm?start=01:29:00&end=01:36:12

Human Rights Council, Fourth Session
March 15, 2007
Introduction of progress reports from the institution–building

China

Mr. President, my delegation associates itself with the statement made by Sri Lanka on behalf of the Asian Group.  We also thank the oral and written statements made by the six facilitators and their efforts in different working groups.  Due to the fact that we received the reports late last night, it is next to impossible to study them carefully, and let alone refer them back to the capital for instruction.  We also regret that such an important session of the council concerning the institution of building the central task for the first year of the council will have to be arranged during lunch time.  Due to time limits, my delegation is unable to comment on the reports in detail.  We believe the process is still an open one, and I am going to concentrate on the following general points:

First, review of the special procedures.  My delegation takes note of the reports prepared by Ambassador Husa (?).  We believe the report should be substantiated with the following points: First, the election of the mandate-holders might not be the best way of choosing the mandate-holders.  However, it is far better than the simple appointment.  For that matter, we still believe that mandate-holders can be appointed through elections, or election-based ways to make it more transparent.

Secondly, since the way the council handles the country-specific issues has a direct bearing on the healthy development of the Council, we believe that in order to avoid the abuse of the country resolution, there should be a necessary criteria and also a procedure, and it should be only taken as a last resort.  If the resolutions will have to be voted upon, a overwhelming majority support is highly necessary.  Accountability is a very basic element of this special procedure, so for that matter, the work of the special procedure should not only be taken accountable by the coordination committee and its peers, but rather accountable to the body which has created them, that is the Council.  Lastly, it is also necessary to introduce the fair, operational code of conduct for the special procedure.  With regard to the cooperation of the countries to the special procedure, we believe that we still have the treaty bodies and also the future universal periodic review to regularly monitor the behavior of the member governments.  Secondly, on the expert advisory group, we believe that as been the case with the foremost subcommission and the expert serving in various human rights treaty bodies, experts serving in those advisory groups should come up through a nomination and election by the council, its parent body.  The particular body shall serve as the role of the think tank for the council and shall not overlap the work of the council with regard to the country issues.

Thirdly, complaint procedure.  We support that the complaint procedure should be made more effective.  But based on the fact that different countries have different legal systems and it is simply unrealistic to introduce an all size-fits all time deadline for it, and also the confidentiality of the procedure shall be continued.
Fourthly, universal periodic review.  We thank the Mexican ambassador for the non-paper provided. Morocco ambassador, we believe that the review shall proceed in the spirit of construction and dialogue.  Participation of civil society shall be in line with the __ resolution 96/31 pending a review by the General Assembly.  

Lastly, on the working group on the agenda annual program method of work and rules of procedure of the Human Right Council, we believe we should finish our job in the first year and we should work with the more structured agenda to provide more predictability and certainty for the organization of the future council and also we believe that-- thank you, Mr. President, I think I will reserve those compliments for the working group in the future.  Thank you.