STATEMENT BY THE PRESIDENTOF THE TII{ITED I'{ATIOI{S GENERAL ASSEMBLY II.E. MR. JAI{ ELIASSON AT THE II{FORMAL COI{SULTATIOI{S OF TTIE PLENARY OI{ THE HTIMAN RIGHTS COUI{CIL

UI{ITED NATIONS HEADQUARTERS I{EW YORK 23 FEBRT]ARY2006

Excellencieso Distinguished Delegates, I want to begin by expressing solidarity with the people of the Philippines.We have all been shockedby the televisionimagesshowing no more than a mass of mud where just a few days ago there was a village of over a thousandpeople;men,women and children. On behalf of the Assembly, I offer our deepest sympathy to the governmentand peopleof the Philippines,and to the family and friends of the victims. This tragic natural disasteris one of an almost unprecedented seriesof other massivedisastersover the last year. Their devastatingimpact is still being endured by many, not least the poorestand most vulnerable, long after the media spotlight has movedon. The times we live in are turbulent and difficult. We live in a world in great need of global thinking and global solutions.From eliminating poverfy, hunger and disease,to preventing and ending conflict, to combating terrorismr the big issues the international agendarequire on dialogue, co-operation,deeper knowledge and greater understanding betweengovernments and peoples acrossreligious,cultural and ethnic lines. Yet, despitethe necessity greater internationalcollaboration,we have of during recent months seenmore, not lesso mistrust and more, not less, suspicionbetweenpeoples. We have all had causeto reflect on the need for mutual respect and understanding, two of the essential

underpinnings of a civilized world. And we can never gain respect unless we show respect.

ln thesetimes of turmoil, we needa strengthened United Nations more than ever. No other organizationhas the legitimacyand mandateto deal comprehensively with the issues and challenges are facing today. we But here, within the United Nations,our work has not been easy.We cannot and must not insulateourselves from the political realitiesof the world we represent.But we have to remain focusedon the historic task at hand: deliveringon the commitmentsmade at the greatestmeetingof world leadersever assembled. These commitmentscover development, peaceand security and human rights, as well as making this Organization more efficient and effective. We have to do everything we can to ensure that, during the course of this Sessionr make real progressin our important work on each of we thesepillars of the United Nations. In 2005, we made a good start by agreeing on the Peacebuilding Commission,on the new Central EmergencyResponse Fund, and on the Optional Protocol on the Safety of United Nations and Associated Personnel.Thesewere difficult negotiations. But we came to closure in the interest of those in need or in danger, and in the interest of gtobal co-operationand our own United Nations. Other very important matters remain on our agenda.Our work to put in place a more effectiveEconomic and Social Council is now moving closeto fruition. On development, our able and dedicatedCo-Chairsare

doing all they can to come to closureon a resolutionto ensure that the commitmentsmade in 2005and earlier are truly implementedin 2006. our full attention.So too will other areasof Summit This work deserves follow-up which we are charged to take forward this year, from ensuring that the Peacebuilding Commission can soon become operationalo to Secretariat and Management reform, to counterterrorisffir Security Council reform, the environmental work, systemwide coherenceand not leastGeneral Assembly revitalization. Now more than ever we must stand up for the authority and integrify of the General Assembly.Carrying out the reform agenda with wisdom even in disturbing times, is our challengingduty. and far-sightedness, What is ultimately at stake is the value and effectiveness of

multilateralism in today'sworld. So now is the time for us to move to a decision,as mandated by our leadersr otr the Human Rights Council. They gave a very specific mandate to the President of the General Assembly to conduct open, transparent and inclusive negotiations,to be completed as soon as I possibleduring the Sixtieth Session. believe that such completion is now within our grasp. I am grateful for the energyand commitment that so many of you have invested in our thorough and comprehensive consultations and negotiations.I want to pay particular tribute today to the Co-Chairs for the Human Rights Council, AmbassadorKumalo of South Africa and Ambassador Arias of Panama,for their dedicationand untiring effort

since October last year. They have been diligent, thoughtful and fair to with you, all throughout. They have listenedto you, they have discussed and they have tried to find principled and workable solutions.We all owe them a debt of gratitude for their work. On 8 February, after thorough discussionswith the Co-Chairs, I advised you of my intention to conduct intensive consultationsof my o\ryn.I offered to meet any delegation or group of delegations who wished to do so. f was heartenedby the number of you who took up this offer. of It is as a result of the thirty-plus informal consultations the plenary, of the valuable consultationswith the human rights community in the Geneva,and of the intensivediscussions Co-Chairs and I have held that I today present to you my best attempt to over the past two weekso formulate a draft resolutionon the Human Rights Council. Our leaders resolvedto further strengthenthe United Nations human rights machinery.As part of the fulfillment of this commitment,we have already agreed to revitalize the Office of the High Commissioner for Human Rights. Now it falls upon us to fulfil the commitment to create a Human Rights Council. This is our primary task and an obligation we have to the governments,to the public and to the victims of human rights violations. By strengthening this machinery and at the same time making the Council an instrument of co-operationand of dialogue,we enhancethe common ownership of the human rights work of the United Nations.

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of Both theseelementsare fundamentaland complementaryaspects the text that I now place beforeyou. Delegateso Distinguished Excellencieso Most of the text before you remains as it was in the last draft presented by the Co-Chairs on 1" February. f have listenedcarefully to the views you have expressed that text over recent weeks,and have made some on changesand additions which are worthy of mention today. There are also somecentral points which merit highlightingagain. the need for many of you rightly emphasized During our consultations, the element of co-operationand dialogueto be clearly stated in the text. this element in several The draft I am presenting today emphasizes places:in PPl, PP10,OP4, OP5a,OP5e,OPsf, and OP12. You will be familiar with most of the preambular paragraphs.They are largely drawn from agreed language:from the United Nations Charter, from the Vienna Declarationand Programme of Action, and from the 2005 World Summit Outcome Document.They acknowledgethe three pillars of our Organization: developmentopeace and security and human rights. They reaffirm the important principle of the universality, and of indivisibility, interrelatedness, interdependence all human rights. of They also recognizethe six decades valuable work undertaken by the Commission on Human Rights, and its commendable record of establishingnorms and settingstandards, At the sametimeothey reflect and recognizethe importance some of the criticismsof the Commission, of eliminating double standardsand politicization.

And they acknowledge the important role of non-governmental organizationsin the promotion and protection of human rights at the national, regionaland internationallevel. With regard to strengtheningthe capacity of Member Statesto comply with their human rights obligations,the text now makes clear that this will be for the benefit of all 'human beings'.This is a term drawn from Article I of the UniversalDeclarationof Human Rights, which is used to replace the concept of 'right holders' about which many of you had been unsure. There is one new preambularparagraph:PP7,which builds on earlier work by this Session the GeneralAssembly.This paragraph sendsa of strong and uniting message the world - much neededtoday - on the to needfor dialogueand understanding among civilizations, culturesand religions,It sendsa clear signalto us all to promote tolerance,respect for and freedom of religion and belief.We must do our utmost to enhancetoleranceand respectand to reducethe mistrust and tensions which are so evidentin today's world. It is my hope and expectation that the Human Rights Council will play a positiverole in this respect. Turning to the operative paragraphs,there are three issuesworthy of specific mention today. First, the universal periodic review. The

proposed mechanismwould ensureequal treatment with respectto all Member Statesand would addressthe issuesof double-standards and selectivify. The General Assembly, through this draft resolution, sets out the guidelines such reviews. for

As many of you have pointed out, the modalitiesof the review would need to be further developedby the Human Rights Council itself. This draft resolution establishesa timeframe for the development of these modalities. Many of you have also pointed out that this review should not create a that it should not burden of new or redundant reporting obligationso duplicate the work of treaty bodies, and that it should be a light mechanism. Many of you also indicated that the time allocated to the in review should be limited. I am confident that our expert colleagues Geneva will develop modalities that take into account these important parameters. The secondimportant issueI should touch on is that of the Council's membership. The text presents a Council of 47 Member States, comprised according to the principle of equitable geographical representation of 13 Member Statesfrom Africa, 13 from Asia, 6 from Eastern Europe, 8 from Latin America and the Caribbean and 7 from WEOG. The text also presentsa term limit, thereby ensuring rotation and increasingthe opportunitiesfor Member Stateparticipation. Members of the Council would be elected by the majority of the membersof the GeneralAssembly,in other words an absolutemajority. An individual and direct vote on all the candidateswill confer full legitimacyon the membersof the Council. Thirdly, the text makes clear that membership shall be open to all Member States.It sets out how Member Stateswill take into account candidates' contributions to the promotion and protection of human

rights when electing members.And it provides for the suspension, by decision of the General Assembly, of Council members who commit grossand systematic human rights violations. Members of the Council are expected uphold the higheststandardsin to the promotion and protection of human rights, fully co-operatewith the Council and be reviewed under the universal periodic review mechanism during their term of membership. Excellencies, Distinguished Delegates, I now want to turn to the important questionthat many will ask of the new Human Rights Council. How doesit differ from the Commissionon Human Rights? While we will build on the positive achievements and best practices of the Commission, some of the elements vye are considering will make the Human Rights Council a truly new and different body - a fresh start. For example, the new Human Rights Council would be a subsidiary body of the GeneralAssemblyand thereforehave a higher institutionalstanding; the principles of dialogueand co-operation would guide the work of the Human Rights Council on the implementation of all human rights; the Council would have an efficient mechanismto convenesessions outsideits regular meetingtime;

o the universal periodic review would be a mechanism where the fulfillment by each State of its human rights obligations would be assessed I o the distribution of seats would be in accordancewith equitable geogra phical distribution; o members of the Council would not be eligible for immediate reterms; electionafter two consecutive o while membershipof the Human Rights Council would be open to all on Member States,there would be legitimateexpectations members. Asserting its standing and authorify, the General Assembly would have the ability to suspenda Council member which commits gross violationsof human rights; and systematic o and lastlyo the Human Rights Council would meet regularly throughout the year.

Delegates, Excellencies, Distinguished In closing, I want to recall that our leaders in September last year resolved to create a Human Rights Council. I want to express my Many of you sincereconvictionthat this matter is now ripe for decision. have constructively and diligently contributed to the draft before you today. We have traveleda long and arduous road to get to where we are todav.

I know that each one of you - and your capitals- will now reflect on and review this text conscientiously and constructively.I know that you will do so with the values and principles enshrinedin the Charter and the Universal Declaration of Human Rights at the forefront of your minds. I know that you will considerthe text through the prism of both national and international perspectives. I hope that you will seethat while no Member State has got everything it argued foro the text before you is balanced,strong and workable. I also hope that, after reviewing the text as a whole and after assessing the larger issuesat stake, you will be ready to move to a decision on this draft resolution as soon as possible,preferably before the end of next week. I know that you are fully aware of the significanceof this resolution for the promotion and protection of human rights, but also for effective multilateralism and the standingof the United Nations as a whole. Our abilify to reach agreementon an effectiveand principled Human Rights Council will be seen as a litmus test for this Organization and this General Assemblv.
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I hope we can demonstrateto a sometimesskeptical world that - even on the most delicateof issues and during turbulent times - this General Assemblycan reach a solid agreement. Then we can move otr, and reach solid agreementson the equally important tasksthat remain for all of us here at the United Nations.

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