Source: http://www.europa-eu-un.org/articles/en/article_5800_en.htm http://www.europa-eu-un.org/articles/en/article_5800_en.htm Date: March 15, 2006 EU Presidency Statement – Human Rights Council, Explanation of Vote http://www.europa-eu-un.org/images/spacer.gif \* MERGEFORMATINET EU Presidency Statement – Human Rights Council, Explanation of Vote (New York, 15 March 2006) General Assembly of the United Nations, EU Explanation of vote on the draft resolution on the Human Rights Council (L.48); Statement by Ambassador Gerhard PFANZELTER, Permanent Representative of Austria to the United Nations, on behalf of the European Union. Mr. President I have the honour to speak on behalf of the European Union. The Acceding Countries Bulgaria and the Former Yugoslav(and Romania, the Candidate Countries Turkey, Croatia Republic of Macedonia*, the Countries of the Stabilisation and Association Process and potential candidates Albania, Bosnia and Herzegovina, Serbia and Montenegro, as well as Ukraine and the Republic of Moldova align themselves with this declaration. The European Union welcomes the adoption of the resolution on the establishment of the Human Rights Council. We commend you, Mr. President, and your two Co-chairs, Ambassador Kumalo from South Africa and Ambassador Arias from Panama, for your tireless efforts and dedication in bringing our long process of consultations to a successful conclusion. We all know how difficult your task has been. You deserve our gratitude, respect and recognition! We also wish to thank the Secretary-General and the High Commissioner for Human Rights. You have been instrumental not only in starting this process of reform but also in helping to get this resolution adopted today. We regret that not all were able to support this resolution and we hope that all delegations will be able to work together in the future to make the Council an institution which is genuinely able to advance the cause of human rights. Mr. President The establishment of the Human Rights Council marks an important step in the implementation of commitments made by our Heads of State and Government at the Summit 2005. We have lived up to their resolve to create a Human Rights Council. We hope our decision today will also give a new dynamic to the continuing reform process of the United Nations and will contribute to strengthening its credibility and legitimacy. Mr. President From the outset the EU has aimed for a Council that would be equipped with the status, mandate, structures and membership necessary to give human rights the central role foreseen by the Charter of the United Nations. We want an effective and efficient body covering all human rights for all and making a genuine contribution to the promotion and protection of human rights and fundamental freedoms for all. Not everything that the EU had aimed for is reflected in the resolution. However, in our view, it represents an improvement over the Commission on Human Rights and we hope that it will further strengthen the UN human rights machinery. The strengthening of the Office of the High Commissioner for Human Rights has been a first important step in this regard. The resolution contains several elements which will help to improve the credibility and effectiveness of the UN human rights system. The EU always argued for the Human Rights Council to be a standing body. The fact that the Council will meet regularly throughout the year allows for an ongoing and constructive engagement on human rights questions. This includes a new and more efficient convening mechanism for special sessions. Together with additional time for the universal review, the United Nations will be able to devote more time to human rights than before. The composition of the Council and the quality of its membership will clearly have an impact on the functioning of the Council and the credibility of its work. While recognizing that the membership of the Council is open to all Member States, it is also the responsibility of all of us to elect those candidates that are qualified to fulfil the mandate of promoting and protecting human rights. The EU takes this responsibility very seriously. Each Member State of the EU and the countries which aligned themselves commit themselves not to cast their vote for a candidate that is under sanctions imposed by the Security Council for human rights related reasons. It is also our firm view that no state guilty of gross and systematic violations of human rights should serve on the Council. The EU will be no part in this. Therefore, the EU welcomes the possibility given to the General Assembly to suspend, by a two thirds majority of the members present and voting, the rights of membership in the Council of a member of the Human Rights Council that commits gross and systematic violations of human rights. We welcome the new provisions for a direct, individual election by secret ballot by the absolute majority of the General Assembly. This means that to be elected a candidate needs at least 96 affirmative votes. It also excludes an endorsement of candidates by acclamation. Although the EU would have preferred a requirement of a 2/3 majority, we consider this still as an improvement over the CHR. In order to permit States proper assessment of candidatures, the EU Member States will present their candidatures in writing at least 30 days prior to the elections, including their commitments and pledges with regard to human rights. We encourage others to do likewise. Other quality elements for membership in the Council are also important for the EU: all Members of the Council will have to fully cooperate with the Council. We also welcome the provision stating that Members of the Council shall be reviewed under the universal periodic review mechanism during their term of membership. The EU recognizes the enhanced status of the Council as a subsidiary body of the General Assembly. The review of the status within the next five years will offer the opportunity to assess the Council’s work and whether it should be elevated to a principal organ of the United Nations. Clearly, “within five years” entails the possibility to do so as early as Member States decide. The Council’s mandate provides for a solid basis for the promotion and protection of human rights and fundamental freedoms for all. It will provide guidance and assistance to all countries to achieve the highest standards of human rights protection through dialogue, cooperation and capacity building. It has the responsibility for contributing to the prevention of human rights violations and for responding promptly to human rights emergencies. And the Council will also address situations of violations of human rights, including gross and systematic violations of human rights, and make recommendations thereon. The EU will make every effort to ensure that the Council will be able to fulfil its mandate responsibly. The EU also places importance on the Council’s mandate to promote effective coordination and mainstreaming of human rights within the UN system and to make recommendations to all relevant bodies with regard to the promotion and protection of human rights. All states have the primary responsibility to promote and protect human rights. The universal periodic review is a novelty which will submit all of us, beginning with the members of the Council, to scrutiny – no exceptions. The details remain to be developed by the Council itself. For the EU it is essential that this review has the possibility of further follow-up as appropriate. In order to avoid that this procedure will overburden the agenda of the Council the time allocated for this review will have to be in addition to the current provision of no less than 3 meetings of no less than 10 weeks per year. This will permit the Human Rights Council to focus on all relevant issues. The EU has always argued for maintaining and building on the strengths of the Commission on Human Rights. The participation of NGOs will be an important element in the deliberations of the Council and will have a positive impact on its functioning, as it currently is for the CHR. Therefore the retention of their participation according to the rules and practices of CHR is welcome. It is important that their participation is further strengthened over time. We have always placed great importance on the system of special procedures and welcome that it will be maintained under the Human Rights Council. In the context of the review we will strive to improve and strengthen the system. Mr. President We have taken an important decision today and the groundwork has been laid for a fresh start. The Commission of Human Rights that will be replaced has been exposed to lots of criticism over the last months. With some of it the EU agrees, with some we do not. But it is worthwhile recalling, and here we all agree, the historic achievements by the Commission of Human Rights in the field of norm development and standard setting, starting with the development of the Universal Declaration of Human Rights. The Council will continue to play an important role in this regard. The Human Rights Council inherits a solid foundation of human rights instruments. The task will be to translate these norms into tangible improvements of the situation of human rights on the ground. If we can not achieve this, the Council will not be the relevant body that we want it to be. We have to make good use of all instruments at our disposal, including dialogue and cooperation. Our common wish for enhanced dialogue will also lead to greater understanding and tolerance among all civilisations, cultures and religions. It is up to us Member States, in particular those serving on the Council, to live up to these expectations. Let us not forget the reality set out so clearly by the Secretary-General: we will not enjoy development without security, we will not enjoy security without development and we will not enjoy either without respect for human rights. * Croatia and the Former Yugoslav Republic of Macedonia continue to be part of the Stabilisation and Association Process