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HUMAN RIGHTS COUNCIL OPENS GENERAL DEBATE ON SITUATIONS THAT REQUIRE THE COUNCIL’S ATTENTION
Concludes General Debate on the Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, Including the Right to Development
8 June 2009
The Human Rights Council this morning began its general debate on situations that require the Council’s attention, during which it heard from a series of delegations about violations of human rights in countries around the world. It also concluded its general debate on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development. 

Speakers in the general debate on situations that require the Council’s attention were the Czech Republic on behalf of the European Union, Canada, Netherlands, United Kingdom, Switzerland, Italy, France, Germany, Japan, Argentina and Cuba.

In the general debate on the promotion and protection of all human rights, speakers said, among other things, that emphasis should be placed on the importance of taking effective actions to address the issue of undocumented migrants in detention centres, a matter that was affecting a growing number of people in vulnerable situations, including those held in prolonged administrative custody. With the holding of the Council’s annual day of discussion on women’s human rights, higher importance was attached to gender issues and greater visibility had been achieved on promoting women’s rights globally. The right to the highest attainable standard of health was a crucial element of public international law, and to safeguard this right was a fundamental concern in itself, but the right also offered invaluable insights and guidance for interlinked areas of law and policy. Articulating clear and balanced parameters for special procedure mandate holders, as well as supporting their work through cooperation at the national level were key to ensuring a credible and constructive human rights process. Some speakers underlined the importance of securing the independence of those in the United Nations system that supported human rights, particularly the Office of the High Commissioner for Human Rights, and the Special Rapporteurs and Independent Experts who underpinned the United Nations human rights efforts. Others accused special procedures of violating the code of conduct.

Speaking in the general debate on the promotion and protection of all human rights were Brazil, Bolivia, Egypt on behalf of the African Group, Egypt in its national capacity, Turkey, World Trade Centre, United States and Algeria.

Also speaking were representatives of the International Coordinating Committee of National Human Rights Institutions, Human Rights Advocates, Inc., Centro De Derechos Humanos Miguel Agustin Pro Juarez, Amnesty International, Union of Arab Jurists, Helsinki Foundation for Human Rights, Franciscans International in a joint statement, Indian Council of South America, General Federation of Iraqi Women, France – Libertés Fondation Danielle Mitterand, Arab Commission for Human Rights, Cairo Institute for Human Rights Studies, United Nations Watch, International Humanist and Ethical Union, Commission to Study the Organization of Peace, European Union for Public Relations, International Institute for Peace, International Institute for Non-Aligned Studies, Asian Forum for Human Rights and Development, Asamblea Permanente Por Los Derechos Humanos, Federacion de Asociaciones Para La Promocion y Defensa de Los Derechos Humanos, Nord-Sud XXI, Interfaith International, International Human Rights Association of American Minorities, World Muslim Congress, Femmes Africa Solidarité, Al-Hakim Foundation, Liberation, Mbororo Social and Cultural Development Association, International Association Against Torture in a joint statement, Women’s International League for Peace and Freedom, Hawa Society for Women, Society Studies Centre, Union de l’Action Féminine, Friends World Committee for Consultation, and International Educational Development.

Morocco, Iraq, Argentina and Sri Lanka, spoke in right of reply


The Human Rights Council will meet at 3 p.m. this afternoon to continue its general debate under item 4 of the agenda on situations that require the Council’s attention, after which it will meet behind closed doors on the complaint procedure.

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

JOAO ERNESTO CHRISTOFOLO (Brazil) said the report of the Secretary-General on the workshop on regional arrangements for the protection and promotion of human rights presented useful recommendations for enhanced cooperation and coordination between the United Nations system and the regional mechanisms of human rights. Human rights mechanisms should not be viewed as separate and self-sufficient legal and institutional systems, but rather as an integral part of international human rights law. The complementarity of human rights and humanitarian law showed that there was no legal vacuum when human beings were at stake. With regards to the Draft Guiding Principles on Extreme Poverty, it was regretted that the current version of the text had not yet captured the central role of South-South cooperation for poverty alleviation. The flow of financial and technical assistance between developing countries that faced similar development challenges had the benefit of providing adequate solutions for the similar realities on the ground. The Guiding Principles should build upon the New York Declaration on Action against Hunger and Poverty and consolidate best practices. 

MAYSA URENA MENACHO (Bolivia) said that at the Council’s ninth session, Bolivia had welcomed James Anaya, the new Special Rapporteur on human rights and fundamental freedoms of indigenous peoples. Bolivia had been hoping for a presentation of the report of the visit made by the previous Rapporteur, Rodolfo Stavenhagen. Bolivia thanked the Human Rights Council that this report had now been published. For Bolivia, the special procedures were very important as they permitted to share the work that had been done in that country in order to promote and protect human rights and to examine existing problems. During the visit to Bolivia, Mr. Stavenhagen took the opportunity to meet with national and regional authorities, as well as with indigenous peoples’ leaders and civil society. The rights of indigenous peoples was a priority issue for Bolivia and it was working on reverse injustices that stemmed from a discriminatory system that did not allow for access to political power, which was why, consequently, indigenous peoples often had to live in poverty. 

HEBA MOSTAFA RIZK (Egypt), speaking on behalf of the African Group, noted grave concern with regard to the report of the Special Rapporteur, Mr. Alston on his report on Kenya. The Group was shocked to see the language used and ultimatums posed. The report was identical to the one published by the National Commission of Human Rights of Kenya. The fact that the report was not prepared by the Special Rapporteur was a violation of the letter and spirit of the conduct of the Special Rapporteur, and was a violation of the code of conduct. Therefore the African Group did not support the renewal of his mandate. 

The delegation wanted to emphasize the importance of taking effective actions to address the issue of undocumented migrants in detention centres, a matter that was affecting a growing number of people in vulnerable situations, including those held in prolonged administrative custody. The extent of this problem had been documented in many United Nations reports. Urgent international action was needed to address the problem of administrative detention of undocumented migrants, which created potential conditions for the violations of their human rights, including cases of arbitrary detention. The Council was called on to consider a more global, integrated, concerted and balanced solution to this problem by holding a panel discussion, with the participation of relevant experts and representatives of civil society in order to elaborate on how to reduce the overuse and length of duration of detention for persons who entered or remained in a country in an irregular manner; and to discuss current trends, good practices, challenges and solutions to the problem, considering the linkage between development and migration.

HEBA MOSTAFA RIZK (Egypt), speaking in its national capacity, said the Expert Consultation on the Issue of Protecting the Human Rights of Civilians in Armed Conflict came in implementation of Human Rights Council resolution 9/0, adopted by consensus, representing a testimony to the importance the Council attached to the protection of civilians during armed conflict. Egypt would be pursuing this important and timely thematic contribution to the work of the Council, reaffirming the complementary and mutually reinforcing nature of international human rights law and international humanitarian law, with the overarching aim of affording civilians maximum protection in situations of armed conflict. 

FAITH ULUSOY (Turkey) said that at the annual discussion on women’s rights, the Council had observed that higher importance was attached to gender issues and greater visibility had been achieved on promoting women’s rights globally. The launch of the Universal Periodic Review as well as the activities of the Office of the High Commissioner for Human Rights contributed to this end. However, the Council needed to maintain the momentum of its efforts in order to be able to eliminate violence and discrimination against women. The Durban Review Conference had highlighted several shortcomings on the rights of migrants. Turkey commended the High Commissioner who touched upon the issue of migrants thoroughly in her statement. It was indisputable that the human rights of migrant should be protected in countries of origin, transit and destination. However, today migrants continued to face multiple forms of discrimination in different aspects of their lives. 

JAYASHAREE WATAL (World Trade Organization) said the report on the right to health touched in several respects on the role and responsibilities of the World Trade Organization Secretariat in relation to the Agreement on Trade-Related Aspects of Intellectual Property Rights, particularly with regard to the flexibilities to promote public health outcomes that were contained within the Agreement, and the so-called paragraph 6 mechanism for promoting access to medicines for countries with limited manufacturing capacity. The right to the highest attainable standard of health was a crucial element of public international law, and to safeguard this right was a fundamental concern in itself, but the right also offered invaluable insights and guidance for interlinked areas of law and policy. Actively promoting and sustaining the balance called for in the Agreement on Trade-Related Aspects of Intellectual Property Rights had been a central focus of the World Trade Organization's work on intellectual property issues throughout the current decade. The Paragraph 6 system should be periodically reviewed and lessons learned so the World Trade Organization could continue its effort to make it work as a contribution among others to enhancing access to medicines and thus advance the fulfilment of the right to health. The report and the Council's debate this week should not represent the conclusion of a dialogue but a fresh chapter in a vital conversation on a crucially important set of issues. 

MARK CASSAYRE (United States) said the United States was committed to being a strong advocate for those around the world who suffered from abuse and oppression, and to being a stalwart defender of courageous individuals across the globe who worked, often at great personal risk, on behalf of the rights of others. Core to this process was securing the independence of those in the United Nations system that supported human rights, particularly the Office of the High Commissioner for Human Rights, and the Special Rapporteurs and Independent Experts who underpinned the United Nations' human rights efforts. Articulating clear and balanced parameters for special procedure mandate holders, as well as supporting their work through cooperation at the national level were key to ensuring a credible and constructive human rights process. Pressuring mandate holders to remove negative opinions from their reports or otherwise influencing their objectivity and independence stifled the genuine, healthy debate that should comprise the core of the Council's deliberations. All States should support the independence of the Office, and all human rights mechanisms, and view them as resources in the fight to ensure the full realisation of human rights around the world. 

SELMA MALIKA HENDEL (Algeria) said that human rights were interdependent and the exclusion of one endangered the implementation of all others. Algeria underlined that the right to self-determination was on the agenda of the international community and that until today some peoples were still denied this particular right. The right to self-determination was affirmed in the United Nations charter and was not put into question by Article 2 which referred to the territorial integrity of States if the United Nations did not did not recognize the occupied territories as constituting a territorial integrity. For this reason, Algeria would not stop to insist on the necessity to include the right to self-determination under colonial rule, under rule of a foreign power or foreign occupation, on the agenda of the Human Rights Council. 

KATHARINA ROSE, of International Coordinating Committee of National Human Rights Institutions, thanked the United Nations Secretary-General for the report on regional arrangements for the promotion and protection of human rights. The International Coordinating Committee welcomed the strong recognition the report gave to the potential of national human rights institutions. Recent years had witnessed a developing engagement between national human rights institutions and regional arrangements as a two way process, in terms of information sharing, communications in relation to cases of alleged human rights violations, country visits, human rights advocacy, and in monitoring follow up to recommendations and decisions. The relationship between national human rights institutions and regional human rights mechanisms could be further strengthened if national human rights institutions had a formally recognized standing in such mechanisms. Such procedures could be based on the practices established at the United Nations level, including the Human Rights Council and the treaty bodies, with due respect for the International Coordinating Committee’s accreditation procedure in accordance with the Paris Principles.

KIMBERLY IRISH, of Human Rights Advocates, said every migrant had the right to liberty and security of person and the right to be free from interference with family. In nations all over the world, however, migrants' basic human rights were being violated at an alarming rate. Detained migrants in the United States and other countries were often treated like criminals. The very basic right to be safe and healthy was one that had often been violated when State parties arbitrarily detained migrants. Migrants detained in French territories in Africa had also faced ill-treatment. The trend towards privately-owned detention facilities exacerbated each of these issues in countries around the world. Corporations must be required to respect the human rights afforded to migrants, particularly when providing services to detained migrants that had traditionally been provided by Governments, including housing, food, and medical care. 

MADELEINE PENMAN, of Centro de Derechos Humanos Miguel Agustín Pro Juarez, said that the Centre was greatly concerned over the discrimination and criminalization that affected Mexico’s indigenous communities, particularly when members of these communities called upon the Government to respect their human rights. Indigenous women were especially vulnerable in Mexico’s flawed criminal justice system. These women were among the most marginalized victims of this system’s deficiencies, as they faced triple discrimination; for being indigenous, for being female, and for being poor. It was common that indigenous defendants did not have an interpreter during their trials. There was a growing tendency of the Government to criminalize protests by communities harmed by State acts or omissions. 

PATRIZIA SCANNELLA, of Amnesty International, said the Special Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston, stated in his annual report to the Council that “the execution of juvenile offenders was an affront to fundamental principles of humane treatment and a blatant violation of international law”. Amnesty International shared this view and urged the Council to take concrete measures to end the use of the death penalty for crimes committed when the person was below the age of 18 years. The exclusion of juvenile offenders from the imposition of the death penalty was recognized in four international human rights treaties of worldwide or regional scope. It was recalled that two consensually adopted resolutions of the Council reminded States of their obligations under international law and urged States to end executions of juvenile offenders, the latest of these two in March this year. Since the Council’s March session, Amnesty International had received information on the execution of at least four juveniles. The Council must not tolerate this situation further. It was time for the Council to do more than issue reminders.

ELIAS KHOURI, of Union of Arab Jurists, said with regards to economic, social and cultural rights and the right to development, such rights were indivisible and inter-dependent with civil society. The realisation of such rights required stability, security, justice, peace and cooperation, but what was found on the ground in the Middle East and the Horn of Africa was increasing hostility, armed struggles and embargo, as well as the justification of occupation, with the destruction of property, infrastructure, leading to the worsening of standards of living for civilians. The economic and financial crisis was spreading like a disease, in an unbridled system of capitalism focusing on profits at the expense of labour and social rights, with a negative impact on human rights, particularly the right to food. It was difficult to speak of the realisation of human rights. Human rights development and international peace were closely intertwined - it was difficult to achieve one without the other, and this should be taken into account by the Council in its efforts to achieve human rights for all. 

DEKYI DALLON, of Helsinki Foundation for Human Rights, said that the Special Rapporteur on violence against women, its causes and consequence, jointly with other mandates had sent an urgent appeal to the Government of China regarding a well-known Tibetan writer and musician. The appeal expressed that the detention might have been solely connected to the exercise of her right to freedom of opinion and expression. The Helsinki Foundation said that after the release of the writer and the payment of a large fine, the writer had begun to post accounts of her experience on her blog. State-sponsored violence against Tibetan women continued while the Chinese authorities conducted a repressive policy towards the Tibetan people in the wake of the 2008 protests in which Tibetan women, especially nuns took a leading role. On 25 May 2009, at least six Tibetan women sustained serious gunshot wounds after Chinese security forces had opened fire at a group of Tibetans in Tawu County. 

MICHAEL MUTZNER, of Franciscans International, in a joint statement with International Movement ATD Fourth World, International Council of Women, Federation europeenne des femmes actives au foyer, Dominicans for Justice and Peace, and Baha'i International Community, expressed thanks to the Office of the High Commissioner for Human Rights for organizing in January 2009 a seminar on the draft guiding principles for people living in extreme poverty. It was high time for effective implementation of the existing human rights for people living in extreme poverty. Franciscans International reaffirmed the importance they attached to this project, which would lead to the full realization of these human rights for people living in extreme poverty with the implementation of the draft guiding principles in 2010. As stressed during the seminar, it was necessary to ensure that these principles were in line with the language of the international human rights texts which existed and were implemented in the same spirit.

RONALD BARNES, of Indian Council of South America, said the right to self-determination was a core right and principle established by the United Nations Charter and international instruments, and the lack of political will to address this had become a matter of delinquency of the Council, which refused to allow even so much as a study of the matter. The Working Group on Indigenous Populations clearly identified that some States did not impart information on the rights of the indigenous to exercise their rights under the Charter, with negative effects on the right of indigenous peoples to harness their international right to self-determination. States could not reduce the rights of indigenous to the Declaration on the Rights of Indigenous People only. The Human Rights Council should begin to demonstrate its mandate, giving more force to political will, examining how human rights could be implemented rather than to circumvent the issues. 

ENTESAR ARAIBAI, of General Federation of Iraqi Women, said that since the American occupation of 2003, the Iraqi people had been deprived of their basic civil, political, economic, social and cultural rights. Civil infra-structure was completely destroyed and the Iraqi people faced losing their basic right to remain alive as disease spread due to the breakdown of the medical and basic clean drinking water system. Furthermore, there was the premeditated obliviousness by the Government which had nothing to do better than pilfering the immense wealth of Iraq into private accounts in countries that lectured about human rights. Recent United Nations statistics told of more that five million Iraqi refugees, dispersed either inside Iraq or somewhere else in the world, deprived of medical assistance and suffering extremely dangerous perils. 

ORETTA BENDETTINI DI POGGIO, of France Libertés – Fondation Danielle Mitterrand, welcomed the opportunity to address the issue of transnational corporations which were exploiting the natural resources of States without their authorisation being issued by legal authorities. In particular, attention was drawn to German-based BASF, French/Spanish FMC Foret and the Moroccan-owned OCP and their mineral mining activities in Western Sahara. It was very troubling that such multinational corporations would rely on the Government of Morocco for issuing operational agreements and use permits in that area when the status of Western Sahara was very clear, following the ruling of the case by the International Court of Justice. The United Nations system, including the International Court of Justice and the Security Council ruled on the Sahara situation as one of a non self-governing territory pending the result of a self-determination referendum, with all the attributes this status entailed such as the right of a people to manage and control all its own resources.

ABDEL WAHAB HANI, of Arab Commission for Human Rights, said with regards to the Regional Arrangements on Protection and Promotion of Human Rights, it was important to respect the guarantees of independence of Independent Experts. Regarding the new mechanism that had emerged in the Arab Region, the Group should inform the Human Rights Council as to its mandate and to help it reach the highest international standards. The Coordinating Committee should share the criteria it had developed. The mandate holders should prepare common cross-cutting actions, thematic studies, joint actions and prepare retrospective studies on their respective mandates. Those States who believed the code of conduct for mandate holders had been violated should refer to specific provisions thereof when complaining. 

JEREMY SMITH, of Cairo Institute for Human Rights Studies, said that the Cairo Institute fully supported the important research and conclusions of the Special Rapporteur concerning acceptable limitations to the right to freedom of expression. In particular, the organization strongly agreed that the concept of defamation of religions was incompatible with international standards of freedom of expression. This fact became apparent if one observed that defamation of religion and related concepts were consistently used by States to violate rights to equality, freedom of expression and other fundamental rights of their citizens. The Cairo Institute noted with alarm increasing attacks and repression of journalists and media in the Middle East and Arab region, especially in conflict situations. The organization also expressed deep concern about the extraordinary attacks directed at the Special Rapporteur on the right to freedom of opinion and expression, Frank La Rue, during the presentation of his report on 3 June. 

ABIGAIL CHERNICK, of United Nations Watch, said today they asked: how could one protect the rights of the Universal Declaration – the rights to life, to equality, to freedom of religion and speech, to be free of arbitrary arrest, torture and slavery? One way was by recognizing the heroes who inspired activists the world over for the cause of human rights. In this session, one hero immediately came to mind. It was the man, whose iconic image was permanently displayed on the United Nations Watch website. Who 20 years ago this month, exercised his Article 20 right to peaceful assembly, by facing down a column of tanks. To this day, this hero - his identity and fate unknown – stood as a universal symbol of human freedom, courage and dignity. When would this Council follow the many examples and take action for victims worldwide?

CATHERINE BUCHS, of International Humanist and Ethical Union, said restrictions on the freedom of expression should never be used to protect particular institutions or abstract notions, concepts or beliefs, including religious ones, and this view was widely supported in the international community where it was clearly understood that resolutions on the defamation of religion were intended to create a permissive environment for the passage of new laws and the maintenance of existing laws on blasphemy. Blasphemy as such should not be criminalised. Any expression of belief could be seen as blasphemy or defamation of religion by followers of a different faith. All States should abolish laws which criminalised blasphemy and instead should address directly the issue of incitement to hatred and violence. 

STEPHAN CICCOLI, of Commission to Study the Organization of Peace, said that the right to education was not simply the right to teachers and textbooks. The right to education demanded an environment which was open for education and would form responsible citizens. A study on textbooks in Pakistan had shown that those textbooks glorified war and encouraged students to be hostile to minorities and women. This example clearly showed that more was needed than only any kind of textbook. It was imperative that a conscious effort was made to create an environment in which future generations could grow up and create a just society free of prejudices themselves. 

JEAN-PATRICK SANTORO, of European Union for Public Relations, said that the Convention on the Elimination of All Forms of Discrimination against Women affirmed that women’s human rights and the exercise of those freedoms should be upheld. Of all forms of sexual harassment conflicts arising and which involved women denied these rights. Violence against women occurred in developed and developing countries alike. Such private matters had a tendency to become a public tragedy. The situation of honour killings continued to exist in rural and urban areas in Pakistan. The right to life, ill-treatment, and torture were of fundamental importance. The situation with regard to ensuring women’s rights, in particular with relation to the situation in Pakistan, was an urgent matter that the Human Rights Council could not ignore. It needed to be addressed.

Mr. R.K.J. RUPRECHT, of International Institute for Peace, said violence affected the lives of millions of women world-wide, cutting across class and cultural and religious barriers, impeding their full participation in society. There were three areas of concern. Changing people's attitudes and mentality towards women would take a long time - at least a generation, and maybe even longer. Seventy per cent of women in Pakistan suffered from sexual violence, and the situation was even worse in Baluchistan and Gilgit, where incidents had dramatically increased in recent times. These women were in societies where beating from a male member of the family was acceptable. Female members of Parliament had reported consistent harassment by males from their constituencies. 

Mr. A. SKOHLI, of International Institute for Non-Aligned Studies, said that gender discrimination remained a pressing concern of the international community. Violence against women and sexual abuse remained a phenomenon troubling every country of the world. Even the most horrendous cases often went unpunished in the absence of a functioning judiciary. The meaning of gender and sexuality and power relations between men and women must be reviewed. In many developing countries, women were discriminated against and men were superior to them. Efforts in education would strengthen women’s ability to make strategic decisions for them and their families and fight discrimination. 

AISHA GILANI, of Asian Forum for Human Rights and Development, highlighted that in some cases human rights defenders, such as journalists, the media and the press in particular had faced grave restrictions, arrests purely for harassment purposes, threats, physical attacks and in some cases killings for the exercise of their right to freedom of opinion and expression and for their commitment to unbiased and truthful reporting on human rights abuses in their countries. This was not just a denial of their rights, but also denying access to information to others which was a fundamental component of freedom of opinion and expression. Freedom of opinion and expression must not be allowed to be a hollow concept confined to the debate of this Council, but the capacity to exercise this right must be fiercely defended, promoted and protected. In this respect, it was regrettable that the presentation of the report as well as the discussion on the substantive issues outlined by the Special Rapporteur on the freedom of opinion and expression had been overshadowed by questioning the scope of his mandate.

HORACIO RAVENNA, of Permanent Assembly for Human Rights, said there was concern as to the lack of independence of judges and prosecutors in many countries, and that their independence had been curtailed, often due to interference by political authorities, and there was a lack of an impartial and transparent judicial system, undermining the rule of law. In Argentina, there was instability for national and regional judges in their jobs. Judges were appointed for short periods of time, with no guarantees of immovability, and there were many empty posts, causing a slow judicial system. The review of the judiciary in 2006 limited independence. There were also threats launched at lawyers, judges and prosecutors due to the crimes against humanity that they were prosecuting that had taken place during the military dictatorship. States should guarantee the independence of the judiciary. 

DAVID FERNANDEZ, of Federación de Asociaciones de Defensa y Promoción de los Derechos Humanos, said that the Association was currently engaged in a worldwide campaign with the international civil society through the organization of conferences and expert meetings on the right to freedom in all regions of the world. The International Organization for Migration currently estimated that there were more than 200 millions migrant workers worldwide. A third of them lived in Europe, only slightly inferior to the number that lived in Asia and North America. South-North migration was as frequent as South-South migration. The current systemic crisis had increased the number of people living in extreme poverty and provoked massive displacement and migration to more secure regions. 

LILY AUROVILLIAN, of North-South XXI, said the special mechanisms of the Human Rights Council added significant value to the work of this august body. She stressed both the interrelatedness of all human rights and what was a pressing need, especially throughout the South and increasingly everywhere in the world, to secure guarantees for all economic and social rights. Two suggestions in this regard was that all Special Rapporteurs, Independent Experts and the High Commissioner might consider ensuring a focus in their work on the Millennium Development Goals and that the Human Rights Council might consider organizing an annual thematic session in New York during the High Level Session at the opening of the United Nations General Assembly with the participation of some of the dozens of heads of States and Governments who annually attended.

SHAUKAT ALI KASHMVIT, of Interfaith International, said economic, social and cultural rights and civil and political rights were seriously curtailed in Pakistan. Even during civilian rule the military and its agencies continued to wield extra-constitutional powers, and controlled almost all aspects of the country's internal polity. The persecution of women under the garb of tradition continued on a wide scale. Gender bias was reflected in the low rate of female literacy. Lawyers in Gilgit-Baltistan and Pakistan-Controlled Kashmir were forced to favour the Government and their right to practice could be removed without notice. The Council should ask Pakistan to resolve the judicial crisis and ensure that merit prevailed in the context of good governance. 

SYED FAIZ NAQSHBANDI, of International Human Rights Association of American Minorities, said that in 1948 the United Nations Security Council had passed unanimous resolutions under which the people of Jammu and Kashmir were to determine their own future through a fair and impartial plebiscite under the auspice of the United Nations The Government of India had persistently refused to permit the Kashmiri people to exercise this right. Consequently, the Kashmiris continued to sustain devastation and gross human rights violations inflicted upon them by the Indian military and paramilitary forces. India undemocratically and unlawfully claimed the territory of Jammu and Kashmir as its integral part. This claim was belied by India with the use of massive force, one of the largest military deployments in the world and the consistent abuse of human rights. 

SARDAR AMJAD YOUSAF HHAN, of World Muslim Congress, said the principles of self-determination and equal rights of people made its appearance in United Nations General Assembly resolution 2625 which drew no objection from any Member State, and was adopted by consensus. The World Muslim Congress expressed deep concern over the aggravated denial of the right to self-determination of the people of Jammu and Kashmir. This right had been repeatedly upheld with respect to the Jammu and Kashmiri people by the United Nations Security Council, United Nations Commission for India and Pakistan and both India and Pakistan were signatory of those resolutions. Kashmir’s right of self-determination had been denied to them because India insisted that after signing a bilateral agreement between Indian and Pakistan at Shimla, the United Nations resolutions had lost their relevance. But article 103 of the United Nations Charter contradicted this Indian assertion.

BEATRIJS LOOR, of Femmes Africa Solidarité, said the mandate of the Special Rapporteur on violence against women had had a significant impact on women's rights worldwide. The ongoing violence against women in the Democratic Republic of Congo, Darfur in Sudan and other parts of the world such as Afghanistan and Iraq, was condemned. Although United Nations resolutions were powerful and essential pillars for women's promotion, participation and protection, there was concern for the lack of monitoring and implementation mechanisms in their regard. Member States should ensure the full and effective implementation of United Nations Security Council resolutions and should adopt national action plans. The United Nations Secretary-General should appoint a special representative for women in armed conflict, accompanied by sufficient resources to make a difference. The Security Council should incorporate its resolutions in all peace-keeping mandates. 

ABDUL AMIER HASHOM, of Al-Hakim Foundation, said that discrimination against women continued despite some States’ efforts to eliminate discrimination. One of the manifestations of discrimination was violence against women which was practiced in the name of religion or tribal customs. The Foundation had called for a Muslim day of women which was timely, especially concerning the changes taking place in Iraq today. The Foundation drew the Council’s attention to the killing of several women in Basra, where tribal gangs justified using this kind of violence against women as a tribal custom. 

MILINDE AWAD, of Liberation, said there was no need to mention that all human beings were born free and equal in dignity and rights, but it was always encouraging to repeat good statements. This universal message was given in the very first article of the Universal Declaration of Human Rights. Terrorist acts since 2001 had spawned a non-ending series of acts of racism, racial discrimination, xenophobia all over the world. However, the discriminatory treatment with Dalits and other lower-caste Hindus in India had been in practice for centuries. The social, civil, political and economic status of Dalits and other lower caste Hindus was extremely devastating. They had not yet experienced benefits of the so-called pluralism and largest democracy of the world. Unfortunately, despite some cosmetic efforts, their voice remained marginalized. The international community and civil society organizations must give the utmost importance to the elimination of discrimination and hatred on any basis.

HARSHINDAR KAUR, of Mbororo Social and Cultural Development Association (MBOSCUDA), said the worst forms of violence against women in the shape of female foeticide, infanticide, dowry and rape existed and went unnoticed in India. The Government took no steps to stop this heinous violence against the women of India. Eleven million foetuses were aborted every year, and the majority were female - in the last fifty years, 100 million girls had been killed due to male preference by their parents. More than one million girls were being killed every year. The Council should send a fact-finding mission to India to probe into these crimes being committed in India against women. 

EDURNE IRIONDO, of International Association against Torture in a joint statement with American Association of Jurists, said that the Supreme Court of Spain had made its opinion clear on the concept of terrorism regarding the Basque country and had imprisoned several media professionals in that context. Two newspapers had been closed down, which the Association called an arbitrary measure. The Association called on the Special Rapporteur on freedom of expression to take up the demand for a visit to Spain from its predecessor which had been declined at the time. 

ILSE WERMINK, of Women’s International League for Peace and Freedom, said the Security Council adopted resolution 1820 against the use of rape in armed conflict. Under that resolution sexual violence could constitute war crimes and acts of genocide and the resolution reaffirmed the role of women in times of conflict. She urged the Human Rights Council and Member States to ensure that survivors of rape and sexual violence should be included in the measures taken in this regard; to allocate the necessary funds to see the full realization and implementation of the Security Council resolution; to supply information during armed conflicts in accordance to Security Council 1325; and to ensure that the Office of the High Commissioner for Human Rights reported on the measures and discussions with regard to the special procedures, treaty bodies and mandate holders on how they addressed war time rape and the recommendations advised on this horrific issue.

ABLA MAHDI, of Hawa Society for Women, said the organization worked with a number of civil society organizations within Sudan in order to eliminate discrimination against women in Sudan, where there had been much progress, and the Government had ratified a law that allowed sons of Sudanese women to gain Sudanese nationality. The international community should, in all transparency and sincerity, agree that women sometimes lost more than they won when their Governments adopted the Convention on Elimination of All Forms of Discrimination Against Women, in particular with regards to article fifteen. Further burdens should not be put on mothers - they should be allowed to live in harmony within their families. There should be equality of rights in inheritance - but absolute equality would mean that women would sometimes lose more than they gained. 

MOHAMED ELFATIH AHMED BRAIMI, of Society Studies Centre, said that it welcomed the debate currently taking place in the Sudanese parliament to pass the Press Act which had already been passed at the first and second meeting. This Act was necessary for a free and fair election. The Centre also acknowledged the direction which Sudan was taking towards democracy. Since November 2008, bold steps had been taken to make political freedoms a reality. Since then the National Election Commission and Council for Political Parties were formed. Women’s rights had been guaranteed through the election act which was approved in July 2008. Women had been given a minimum of 25 per cent to the seats in the parliament, through a list to be voted proportionally. The Centre was optimistic that the coming election would have a profound impact on improving human rights in the country. 

SAADANI MAOULAININE, of Union de l'action féminine, thanked the Human Rights Council for the opportunity to speak and have her voice heard in this fora. She underscored that the promotion and protection of all economic and social rights was imperative. Human rights were indivisible and one therefore could not give priority to one over the other. The principles of self-determination were not autonomous with separation. In this context, she noted that thousands had been tortured and died under the Polesario camps, and as such called on the authorities of the Polesario to end this violence.

RACHEL BRETT RACHEL BRETT, of Friends World Committee for Consultation (Quakers), in a joint statement with Human Rights Council of Australia, said there was deep concern about the excessive use of detention in relation to persons who entered countries in an irregular fashion, whether as migrants or asylum-seekers. In all circumstances, detention should be used only as a last resort, and yet it was over-used in these circumstances, and for inordinate periods of time. Conditions of detention were frequently inhuman, created additional anxiety, and denied or limited access to education and healthcare, among other things. The Human Rights Council should hold an expert panel to address these issues, as well as continue to pay attention to them by the Working Group on arbitrary detention and other special procedures. 

ORETTA BENDETTINI DI POGGIO, of International Educational Development, said that Special Rapporteur Grover had addressed the dire situation of the hospitals attending to the Tamil civilians in the Vanni region of Sri Lanka, which had been attacked. He also joined in the joint statement of 8 May 2009 by many mandate holders addressed the dire situation of Tamil civilians in the conflict zone and the attacks on medical facilities. In this regard, the organization pointed out that field hospitals and any other medical facilities treating combatants might not be subject to military operation, nor might the provision of medical care to combatants or civilians be criminalized. The organization had indicated many times that Sri Lankan authorities severely restricted medical care, food and water to Tamil victims of armed conflict, and that this was an element of the crime of extermination under the Statute of the International Criminal Court. 

Right of Reply

OMAR HILALE (Morocco), speaking in a right of reply, said that the Universal Declaration of Human Rights, resolution 2651 of the General Assembly, and the Durban Declaration and Programme of Action of 2003 reaffirmed that human rights were universal, interdependent and mutually reinforcing. Delay or suspension of such rights to achieve self satisfaction of others was not acceptable. Friendly relations among States were based on the principles of respect and cooperation. The United Nations Charter, General Assembly and Security Council were based on settling security issues, establishing norms and supporting cooperation among States through dialogue. Resolution 1514 of the Security Council was one of the many legal instruments available to the United Nations setting out the principles such as the right to self determination. General Assembly resolution 2526 set the ways in the global economic and financial crises. In the context of the global economic and financial crises, international law could not be reduced to just one resolution. Any selectivity to give priority to one right over the other was contradictory to the practice of the United Nations. The Security Council was the main body responsible for security around the world. There were no arbitrary forms of selecting self-determination in some cases over the other. Given developments in international relations and developments since then could not be ignored. Resolution 1514 set out principles, among others, on the right to self-determination which came out of the time following a period of colonization and the Cold War and had been distorted.

FARIS AL-ANI (Iraq), speaking in a right of reply with regards to the General Union of Iraqi Women, said the statement had been far from the truth. Scores of thousands of families had come back home in the last months, as a result of tangible improvements in security conditions since the Security Plan had been implemented. As for the condition of women as portrayed by the organization- it was not true. Women enjoyed freedoms in the north and south of Iraq. The figures as to orphans could not be believed. Education in Iraq was obligatory. As for freedom of the press, in the past there were three dailies, and today there were over a hundred, published without interference of the State. The new Iraq was going through a transitional phase in all walks of life, and mistakes would be overcome with the help of international organizations and the civilised world. 

SEBASTIAN ROSALES (Argentina), speaking in a right of reply with regard to the independence of judges and lawyers and threats that had been received in Argentina, said that cases were being investigated. The Government had also expressed its interest in receiving support concerning witness protection programmes and was in contact with the Office of the High Commissioner for Human Rights and would continue to do so. 

MOHAN PEIRIS (Sri Lanka), speaking in a right of reply with regard to the statement made by International Development, said the situation of the Tamil civilians in the internally displaced persons camps was nowhere near the situation described. The internally displaced persons were now in a relatively better situation. The medical facilities that were extended to the internally displaced persons were of a high nature and hundreds of medical staff were at hand. There was no shortage of food, and the statement made was a gross exaggeration of what was prevalent in the camps. 


General Debate on Human Rights Situations that Require the Council’s Attention

TOMAS HUSAK (Czech Republic), speaking on behalf of the European Union, said the European Union was concerned about the situation with regards to prisoners of conscience in Burma/Myanmar, who should be released unconditionally. The European Union was concerned as to the situation in Sudan, where the use of torture remained a problem. The persistent impunity with regards to rape and sexual assault on women was a concern. The European Union remained concerned as to the persistent human rights violations in Sri Lanka. Independent and credible international investigation into alleged violations of international humanitarian law and human rights law should be carried out in order to bring the perpetrators to justice. There was concern as to the general human rights situation, including the restriction of the right to expression, assembly and association in Iran. The intimidation of human rights activists and human rights defenders should cease. The European Union knew the progress on economic, social and cultural rights made by China over the years. However, more progress should be made on all human rights standards, including civil and political rights. There was concern about strict bail conditions of human rights defenders in Zimbabwe, and the Government should ensure the freedom of association and prevent all forms of torture and incommunicado detention. 

TERRY CORMIER (Canada) said that Canada wanted to draw the Council’s attention to human rights situations that deserved its attention. Iran continued to execute minors and disregarded women’s rights. The Government actively limited freedom of expression and the media while seeking to intimidate academics, human rights defenders and journalists. Last year, in the run up to what was intended to be free and fair elections in June, hundreds of opposition activist in Zimbabwe faced politically-motivated intimidation, violence, enforced disappearances, arbitrary arrest, imprisonments and death at the hands of the ZANU-PF. To date, none of the perpetrators had been brought to justice. Instead, harassment of those seeking reform continued. Canada recognized notable improvements in conditions, particularly the release of some human rights activists, since the formation of Zimbabwe’s transitional Government. However, ongoing human rights violations, and the continuing arrest and detention of activists, journalists and lawyers, was in violation of the commitments made by the inclusive Government as set out in their global political agreement. 

BOUDEWIJN J. VAN EENENNAAM (Netherlands) said the Netherlands fully supported the statement of the European Union on Kenya. It was also important that the recommendations of former United Nations Secretary-General Kofi Annan on the situation of Kenya were carried out without delay and without exception. The Netherlands welcomed the report of the United Nations Special Rapporteur on extrajudicial killings on his mission to Kenya, and the measures the Kenyan Government announced in response to Mr. Alston’s report. The Netherlands encouraged the Kenyan Government to implement these measures without delay so as to condemn, investigate and punish all unlawful killings. Continued impunity could cast a shadow over Kenya’s future stability. Of particular concern was the intimidation of human rights defenders in the aftermath of Mr. Alston’s visit. In this context, Kenya was urged to initiate an independent investigation into the extrajudicial killings of two prominent human rights defenders.

The Netherlands continued to be concerned about the human rights situation in Iran. The recent execution of juvenile offender Delara Darabi was in contravention with Iran’s obligations under international law. This execution had deeply shocked the world. Iran was called on to end the application of the death penalty to juvenile offenders. Of particular concern was the situation of human rights defenders, including trade unionists, many of whom were restricted from carrying out their legitimate activity.

PETER GOODERHAM (United Kingdom) said it was a primary function of the Council to address serious human rights violations wherever they occurred. Recent developments in Burma were a cause for great concern, and the arrest and trial of Aung San Suu Kyi was a pretext for the regime to exclude her from the 2010 elections. The Government should release her and other political prisoners and begin a genuine transition to democracy. There was concern for the widespread and systematic human rights violations in the Democratic People's Republic of Korea and the Government should grant access to the United Nations Special Rapporteur. Third countries should treat emigrants as refugees in accordance with rules of the United Nations High Commissioner for Refugees. The growing number of executions in Iran and the use of the death penalty for minors was a cause for alarm. Serious restrictions remained on freedom of expression. There was concern for the further deterioration in human rights in Fiji, where access to justice, freedom of information, freedom of association and the rights of detainees had all been curtailed. There was also concern for continued violations of human rights in Zimbabwe. The new administration should take immediate action to guarantee the human rights of all people in the country. The United Kingdom was ready to engage bilaterally with any of the countries mentioned, to support them to resolve these and other human rights challenges. 

MURIEL BERSET (Switzerland) said the Council’s regular consideration of specific human rights situations conformed with its mandate to take up the largest number of such specific situations and to spend less energy to justify its interest. This would also help to avoid mutual suspicions of double-standards. The situation in Pakistan, particularly in the Swat valley region, required the Council’s attention. Information from the United Nations Refugee Agency spoke of 2.6 million internally displaced persons of which 83 per cent had found refuge within their families. Taking into account the urgent needs, humanitarian aid had to be a priority. Switzerland was also alarmed by the situation in the south of Sudan. The recent attacks, which had provoked another wave of displacement, were unfortunately just another episode. The population had been suffering for decades now from the absence of justice and from impunity. Concerning Sri Lanka, Switzerland reiterated the importance of the respect for human rights to establish civil peace to allow for economic development and to favor reconciliation through a political solution. 

NICO FRANDI (Italy) considered that one of the main objectives and duties of the Human Rights Council, as mandated with resolution 60/251 was to closely monitor and to promptly act in order to prevent, whenever possible, violations of human rights worldwide. In this regard, Italy was deeply concerned about the continued violations of human rights in Burma/Myanmar. Italy followed closely the situation regarding the detention of over 2,100 political prisoners and prisoners of conscience in the country. This situation had further deteriorated with the recent detention, subsequent trial, and verdict on Daw Aung San Suu Kyi. Impeding dissenting voices and restricting freedom of expression through harassment and detention was not only a violation of a fundamental human right but also a way to undermine beforehand the political process in view of the elections to be held in 2010. Italy called for the immediate and unconditional release of all political prisoners and prisoners of conscience in Burma/Myanmar, starting from Aung San Suu Kyi, and appealed to the Human Rights Council to remain seized on the matter.

Italy remained concerned about the human rights situation in Sudan. Despite some positive developments, one continued to witness a critical situation on the ground and persisting serious violations of human rights against civilians, including women and children, while torture and the death penalty were applied on a large scale.

DANIEL VOSGIEN (France) said situations leading to grave human rights violations should come to the attention of the Council, whatever the country, particularly when the situation was urgent. France thus supported the holding of the special session on Sri Lanka. It was vital that fundamental freedoms, freedom of movement of internally displaced persons, and the freedom of the press and human rights defenders be protected, and that the violators of these be prosecuted. An independent international enquiry was necessary to shed light on all allegations of violations of human rights and international humanitarian law in Sri Lanka, and the Government should cooperate with this. There was great concern for the continuing violations of human rights in Myanmar. The situation in Darfur continued to remain of concern on several levels, and there were continuing attacks on the civilian population, in particular on women and children, and a culture of impunity continued to prevail. The fight against impunity was indivisible from that for peace. The general situation of human rights in Iran continued to deteriorate, with restrictions to the freedom of expression, assembly and associations, threats and intimidation for human rights defenders, continuing detention of political prisoners, torture, and the increasing use of the death penalty, including for minors. France supported those fighting for women's rights. 

REINHARD SCHWEPPE (Germany) said that Germany acknowledged the steps taken by the Government of Sudan to strengthen the human rights legal and institutional framework, principally concerning reform, and welcomed the Government of Sudan’s participation with the United Nations, African Union and other international partners in the Sudan-Darfur Human Rights forum. Nevertheless, Germany was worried that the expulsion of 13 international humanitarian organizations from Darfur and the closure of three Sudanese human rights organizations had a negative impact on the monitoring of human rights issues in the country. With regard to Sri Lanka, as the war was over, Germany was concerned about continued human rights violations. Most pressing of course was the situation of almost 300,000 people in Government detention camps. Regarding the situation in Iran, Germany was deeply disturbed by recent cases of executions, in particular stoning of persons who were under 18 at the moment when allegedly committing a crime. Furthermore, Germany also considered the continued imprisonment of prominent Iranian Bahais without former charges and trial unacceptable. 

OSAMU YAMANAKA (Japan) said regarding the situation in Myanmar, Japan was deeply concerned by and continued to closely follow events relating to the charges of violation of law safeguarding the State from the danger of subversive elements brought against Ms. Aung San Suu Kyi. As Japan had expressed on numerous occasions, including at the meeting of the Foreign Ministers of Japan and Myanmar, this was a particularly important moment for the democratization process in Myanmar, and it was in Myanmar’s benefit to act in an appropriate way taking into account the views of the international community. Regarding the situation in Sri Lanka, with a long conflict behind it, Sri Lanka now stood at the crucial juncture for overcoming the conflict among ethnic groups to achieve national reconciliation. The Government of Sri Lanka bore the responsibility of nation building, including the rehabilitation and reconstruction of the country and national reconciliation. In order to realize this, it was indispensable that the Sri Lankan Government took swift and concrete action, including implementing measures for assistance and resettlement of the large number of internally displaced persons, in accordance with international human rights and humanitarian laws.

As for the situation in the Democratic People’s Republic of Korea, Japan drew attention to the continued reports of a poor human rights situation there, including the report from the Special Rapporteur on the Democratic People’s Republic of Korea, country reports on human rights practices from the United States, and Amnesty International’s 2009 report. There was especially strong concern over the inaction of the Democratic People’s Republic of Korea to protect the right to life of its people, including their right to food.

SEBASTIAN ROSALES (Argentina) recalled that the Human Rights Council had heard the report of the Special Rapporteur on the situation of human rights in Myanmar in March 2009. In his report, the Special Rapporteur noted that he had been able to visit the country and had been able to establish a cooperative working relationship with the authorities. Innovations that were moderately encouraging had occurred with regards to the release of a certain number of prisoners, however, there were still many more being detained. There were also serious flaws in the administration of justice, with violations of due process. The Government should continue to build a relationship with the Special Rapporteur and implement his recommendations in particular with regards to his suggested four pillars, including the release of prisoners of conscience, training of police with regards to international humanitarian law and international human rights law, and an independent judiciary. It was essential to free all prisoners of conscience and political prisoners, including Daw Aung San Suu Kyi. 

JUAN ANTONIO FERNANDEZ PALACIOS (Cuba) said that Cuba wanted to ask why this item was continuing with the politicization policy of the former Commission on Human Rights and why it was only addressing situations in certain countries. Cuba was concerned at two major crises that affected the international community right now, the crisis following the effects of the combined economic, financial, food and energy and environmental crises, as well as a crisis of ethics and principles. Despite the fact that the Council had devoted two sessions to the food crisis and the economic crisis, they continued to have a huge impact on the enjoyment of human rights. The lack of food and the lack of access to clean drinking water continued to be a pipe dream for many. Underdevelopment was becoming chronic and structural. The world was also going through a crisis on ethics. Listening to comments from some developed countries, it seemed that human rights violations such as the existence of concentration camps in which torture was practiced, such as Abu Ghraib, had been forgotten. The Council should not allow such hypocrisy and double standards.


For use of the information media; not an official record