Permanent Mission of The Arab Republic of Egypt _______ Review of the Work and Function of The Human Rights Council 2nd Meeting of the Open-ended Intergovernmental Working Group 17 February 2011 Statement by Ambassador Hisham Badr Permanent Representative of Egypt to the United Nations and other international organizations in Geneva on behalf of the Non-aligned Movement please check against delivery Mr President, NAM is committed to a successful outcome of this review. We thank you for the efforts to facilitate and lead the deliberations of this working group. Mr President, The NAM’s approach has been very clear and consistent since this review process started and was based on seven key principles. First, that we are embarking in a review and not a reform nor overhaul of our four year old council. Second, that it should be guided by the famous saying ‘if it ain’t broken don’t fix it’. Third, that we should be engaged in a limited fine-tuning with a view to preserve the delicate balance achieved painstakingly in 2006/2007 and re-writing history. Fourth, that this review should adopt a uniform methodology across all its clusters, as we cannot have varying levels of ambitions from one cluster to the other. Fifth, that no one should try to claim that success of the review is dependent on what happens in one cluster or another. All the clusters are important, and achieving a good outcome in all of them is of equal importance, hence we will look at any outcome both vertically and horizontally. Sixth, we should all be committed to a consensual approach, and the outcome of the review to be submitted to the GA should therefore exclusively contain those areas which enjoy consensus. Seventh, nothing is agreed till everything is agreed. Though we previously mentioned these principles in our last meeting on February 7th, we would like nevertheless to reiterate them, so that they be understood and internalized by all sides so that we can collectively move to the desired successful outcome of this review. We repeat those principles not because we like to hear our voice. We repeat those principles, especially the consensus rule and convergence in order for them to be respected. Frankly, we don not understand why our proposals, the proposals of the majority have not been included in the text, while proposals of other groups have been included. We seek fairness and equality. We also do not understand why our proposals are written in general language, while proposals of other groups are put in a concrete fashion. Despite this imbalance, which we will seek to correct, we within the NAM have decided to be positive and engage on the basis of the present text. We have carefully examined the text before us today. During the course of today and tomorrow, the NAM will seek to include in the text specific amendments and proposals previously presented with a view to make it a more comprehensive basis for the negotiations to be held between now and the 24th of February. Mr President, The IBT which we all adopted included inter-alia that the UPR should promote universality, be a cooperative intergovernmental and member-driven mechanism that should not be overly burdensome to the concerned state. The UPR cluster has seen important convergence on specific fine-tuning improvements that will no doubt improve the effectiveness and value–added of this mechanism. While recognizing the efforts made to bring all sides closer, the NAM is proposing the following amendments: Para 3 We request to explore the option of moving to a five year cycle which would lead to cost savings and less workload for the Human Rights Council..Upon the examination of this option relative to that of a periodicity of 4.5 years, we will all be in a position to make an informed decision in this regard. Para 5 The plenary sessions of the Human Rights Council held solely for the consideration of the outcome of the review will be held together with the UPR working group sessions. Para 7(a) Delete “as appropriate” Add “in terms of accepted recommendations and voluntary pledges” after “preceding cycle” Para 7 (b) b) The developments of the human rights situation in the State, including territories under its control, under review since its preceding review. Para 14 (b) One hour for the members and observers of the Human Rights Council as well as other stakeholders Para 16 The Council shall formulate by its 18th session the governance structure and disbursement modalities for this Fund. Para 17 The recommendations contained in the outcome of the review should preferably be … clustered Para 19 States have the primary responsibility for the implementation of the outcome of their Review in terms of accepted recommendations and voluntary pledges. Para 20 States are encouraged to conduct broad consultations with all relevant stakeholders on the implementation of the outcome of their review in terms of accepted recommendations and voluntary pledges. Para 21 States are encouraged to may provide … a) An implementation plan for the outcome of their review, within a reasonable timeframe. b) A midterm report update on the follow-up of the outcome of their review. Para 22 … technical assistance to help countries, in particular LDCs and SIDS, upon their request, to implement … Para 23 States may request the United Nations representation at the national or regional level to assist them in the implementation of the follow-up of their review subject to the allocation of incremental resources for this purpose. In closing , the NAM looks forward to a constructive interaction with all partners on this cluster and on all the others with a view of reaching a successful outcome for this review. I thank you Special Procedures Mr President We join others in commending the efforts of the ambassador of Finland. The NAM believes in the importance of the special procedures of the human rights council. We are all committed to a successful and constructive dialogue and cooperation with all special procedures mandate holders. We believe the time has come to examine objectively a number of aspects in this regard with a view to improve the atmosphere of this relationship and set the ground for the cooperation to bear its fruits in the form of better promotion and protection of human rights and a more cooperative approach. The Nam believes that this relationship has to be guided by the relevant provisions of resolution 60/251 as well as Council rersolutions 5/1 and 5/2. Following are the Nam amendments and proposals for this cluster: Para 24 24. To further strengthen and enhance transparency in the selection and appointment process, paragraphs 42, 43, 48, 50 and 52 of the annex to Council resolution 5/1 shall be replaced by the following: Comment As a matter of principle, it was agreed and understood by all that the review outcome will be in support to the IBT and especially not take the form of direct amendment of the IB provisions. The chapeau of this paragraph should be deleted and the proposed bullet points as amended and with the exception of bullet (a) which we are asking for deletion can be presented as an appendix to the supplement. a) The following entities may endorse candidates as special procedures mandateholders: (a) Governments; (b) Regional Groups operating within the United Nations human rights system; (c) international organizations or their offices (e.g. the Office of the High Commissioner for Human Rights); (d) non-governmental organizations; (e) other human rights bodies; (f) individual nominations. b) Upcoming vacancies of mandates will be published and widely circulated to ensure the interest of competent candidates meeting the highest possible standards of expertise, experience and integrity from all regions. Applications shall include standardized information, personal data (a CV) and a motivation letter no more than 600 words long. On that basis, the Office of the High Commissioner for Human Rights shall maintain a public list of candidatures c) … The Group may should interview shortlisted candidates ensuring equal treatment of all candidates… Para 26 26. The Coordination Committee of Special Procedures shall endeavour to strengthen coordination among special procedures, and between the special procedures and other human rights mechanisms, in particular in respect of country visits, and be responsible for preparing the report of the annual meeting of special rapporteurs/representatives, independent experts and chairs of working groups of the special procedures for presentation at the Council by the Chair of the Committee. Comment The coordination committee is an independent entity and should not be instructed from the council. Para 27 We want it to be reformulated as follows: 27. The orientation and induction of mandate-holders, in particular with regard to orientation regarding the code of conduct organized by the Office of the High Commissioner for Human Rights shall be strengthened and be provided by necessary Resources, under the guidance of the HRC. Para 28 28. The Council should rationalize its requests to special procedures, in particular with regard to reporting, to ensure meaningful discussion on the reports, including the recommendations therein and to accord greater emphasis on follow-up to recommendations of special procedures bearing in mind the non-binding nature of these recommendations. Comment: We cannot but notice a different approach adopted here on this issue, which is being dealt with in an indefinite indeterminate manner compared to the specificities provided on other proposals elsewhere in the text. Para 29 Thank you for incorporating it. Para 31 31. Cooperation between States and special procedures is a process involving both parties and should be enhanced. Special procedures shall endeavour to formulate their recommendations in a concrete, comprehensive and action-oriented way to facilitate their consideration by states the implementation and follow-up of such recommendations. Para 32 32. Special procedures shall continue to foster a constructive dialogue with States and facilitate, with the consent of States concerned, the provision of technical assistance or advisory services to support the implementation of their recommendations accepted by the states. Para 33 33. States are urged encouraged to cooperate with special procedures in accordance with General Assembly resolution 60/251, Council resolutions 5/1 and 5/2 and operative paragraph 1 of Council resolution 5/2, including to study carefully the conclusions and recommendations addressed to them by special procedures and inform the relevant mechanisms and the Council expeditiously about their implementation Para 34 34. The Office of the High Commissioner on Human Rights will continue to maintain on its website Information on special procedures, such as mandates, mandate-holders, communications, invitations, country visits carried out, reports presented to the Council and the General Assembly, and cooperation between States and special procedures shall be consolidated by the Office of the High Commissioner on Human Rights and be made available regularly to the Council for its information. Para 35 35. The Council may be used should remain as a forum for discussing cooperation and follow-up in an open, constructive, and transparent discussion and cooperation between states and special procedures allowing for the identification and exchanges of good practices and lessons learned as well as encouraging a more cooperative response by the State all parties concerned concerned in case of persistent non-cooperation. Para 36 36. In order to enhance the accountability of special procedures while fully respecting their mandates and the Code of Conduct as contained in Council resolution 5/2, the Council shall make better use of and further develop the procedure established by the President's Statement 8/PRST/2 to provide for effective implementation of the Code of Conduct. 36 bis The Council shall finalise by its 18th session the modalities and composition for an advisory Legal Committee of Experts to address the differences between states and special procedures pertaining to the Code of Conduct and report thereon to the Council. 36 ter The Council shall resume its RRI process for special procedures putting a cap on the total number of special procedures and ensuring consistency in reporting by them to the Council and the Third Committee, and allocation of appropriate funding in this regard while giving priority to the activities and reports mandated by the Council. The council shall also consider the possible merger of a number of thematically overlapping mandates. Para 37 37. Request adding the following phrase at the beginning of the paragraph to read as follows: “While reaffirming the need to respect principles and purposes of the Charter and national legislations”, Para 38-40 They need redrafting to better capture need for adequate and equitable funding for all special procedures. The NAM favors increased regular budget allocation to special procedures in order to ensure the effective independence of special procedures mandate holders. We believe a common fund could be established and be entrusted to allocate adequate and equitable funding to all special procedures. We would also like to emphasize our strong preference for un-earmarked contributions. If earmarked contributions were still needed, full transparency has to be ensured by OHCHR and the donors, in addition that the review has to specify the exact share that would go towards funding of the remaining special procedures. We are open to constructively engage with all partners in the drafting of these elements in the best way possible. Para 41 41. The Council highlights the need for full transparency in the funding of special procedures and, in this regard, welcomes requests regular provision of information by the Office of the High Commissioner for Human Rights on the availability, and allocation and sources of funding, and on … We would like to thank you Mr. President for incorporating our proposal to provide an expenditure report as an annex to special procedures’ reports, for the sake of transparency. I thank you.