Council hears presentation of reports by the Independent Expert for Cultural Rights and the Special Rapporteur on the Human Rights of Migrants

Human Rights Council
AFTERNOON 31 May 2010

Human Rights Council Also Hears Address by the Minister of Foreign Affairs and Cooperation of Spain,
Concludes General Debate on Update on Report of High Commissioner

The Human Rights Council this afternoon heard presentations by the Independent Expert in the field of cultural rights and the Special Rapporteur on the human rights of migrants introducing their reports. It also heard a statement by the Minister of Foreign Affairs and Cooperation of Spain and concluded its general debate on the update on the report of the High Commissioner for Human Rights.

At the beginning of the meeting, Miguel Angel Moratinos, Minister of Foreign Affairs and Cooperation of Spain, said that in the specific area of human rights, the Spanish Presidency of the European Union had identified certain clear priorities such as the struggle against gender discrimination and violence, a clear common European Union position on the 2011 review of the Human Rights Council, the struggle against poverty and exclusion and others. Another priority was the abolition of the death penalty. The basic principle that should guide all in the 2011 review of the Human Rights Council was to avoid a protracted negotiation process which would distract the Council from its main responsibility - the respect of human rights. Such a protection gap could not be allowed within the Council's determination to achieve its goals.

Farida Shaheed, Independent Expert in the field of cultural rights, said that the area of cultural rights remained relatively underdeveloped and her task was to investigate how best to distinguish which rights might be considered cultural and to further define the content of such rights. Given the wide scope of potential issues relating to cultural rights and the limitations due to resource constraints, the Independent Expert proposed to focus on two broad areas: ensuring cultural rights in the globalization and the development process, and issues concerning the right to participate, access and contribute to cultural life without any discrimination, starting with cultural rights within the education system, freedom of scientific research and creative activity, and the right to benefit from scientific progress and to access cultural heritage.

Jorge A. Bustamante, Special Rapporteur on the human rights of migrants, said his annual report focused this year on the rights to health and adequate housing in the context of migration, particularly in light of the growing trend in a number of host countries to adopt immigration policies and measures which significantly hampered the enjoyment of these rights by migrants. Migrants could play an active role in the social and economic development of host countries, particularly when their human rights, such as the rights to health and adequate housing, were fulfilled in a manner that ensured equal opportunities and gender equality. States should ensure the satisfaction of minimum essential levels of primary health care as well as basic shelter and housing for all individuals within their jurisdiction, regardless of their citizenship, nationality, or immigration status.

Romania and the United Kingdom spoke as concerned countries.

In the general debate on the update on the report of the High Commissioner for Human Rights, which Navi Pillay presented in the morning meeting, speakers strongly condemned the attack on the humanitarian convoy heading to Gaza and requested the Council to take appropriate measures. The Millennium Development Goals showed the right path towards real progress and where to focus the efforts. The upcoming Millennium Development Goals Summit in September was an opportunity to reinvigorate the commitment and accelerate the progress towards the achievement of those targets. International cooperation and international solidarity in the field of human rights were more necessary than ever. Many supported the call of the High Commissioner for greater protection of human rights defenders and shared the concern about preventable maternal mortality and morbidity that was at the heart of the Millennium Development Goals. The visit of the High Commissioner to the Gulf countries last month was an opportunity for the High Commissioner to see the progress made and the commitment of the countries to promotion and protection of human rights.

Speaking this afternoon in the general debate were the Czech Republic, Austria, Democratic People’s Republic of Korea, Oman, Thailand, New Zealand, Yemen, Morocco, Libya, United Arab Emirates, Switzerland, Australia, Turkey, Ireland, Colombia, Kuwait, Malaysia, Sudan, Ethiopia, Maldives, Ecuador, Azerbaijan, Viet Nam, Nepal, Commission of the African Union, Iran, Canada and Palestine.

The following non-governmental organizations also took the floor: Human Rights Watch, Cairo Institute for Human Rights Studies, Amnesty International, CIVICUS, International Humanist and Ethical Union and United Nations Watch.

Speaking in right of reply were the Democratic People’s Republic of Korea, Japan, Israel, Sri Lanka and Sudan.

During the meeting, Palestine advised the President of the Council that he would receive a request this afternoon from Member States of the Council to hold a special sitting on the Israeli attack on the humanitarian aid flotilla, which they wanted to hold on Tuesday, 1 June in the afternoon. The President said he would hold a Bureau meeting after he received the request and they would discuss the situation.

The Council will meet on Tuesday, 1 June for a full day of meetings from 9 a.m. to 6 p.m. The Council will first hold its interactive dialogue on cultural rights and on human rights of migrants, and then start an interactive dialogue with the Special Representative of the Secretary-General on the issue of human rights and transnational corporations, the Independent Expert on the effects of foreign debt and the Special Rapporteur on the right to education.

Statement by Minister of Foreign Affairs and Cooperation of Spain

MIGUEL ANGEL MORATINOS, Minister of Foreign Affairs and Cooperation of Spain, said Spain had conferred special importance to human rights throughout its Presidency of the European Union, and had established and achieved priorities which clearly showed the interest of the European Union in making human rights a guiding principle of the Union's external policy. In the specific area of human rights, the Spanish Presidency had identified certain clear priorities: the struggle against gender discrimination and violence; the protection and promotion of the rights of the child; the fight against torture and other cruel, inhuman and degrading treatment; the promotion of the rights of access to safe drinking water and sanitation; a clear common European Union position on the 2011 review of the Human Rights Council; the struggle against poverty and exclusion; and the promotion of European Union adherence to international and regional human rights instruments. Another priority was the abolition of the death penalty.

The European Union was convinced that the fundamental rights, dignity and value of the human being, as well as equality of rights for men and women, were essential for social progress and to elevate living standards within a larger concept of freedom. In this sense, and bearing in mind the approaching Human Rights Council review, the assessment of its functions and results during its first five years should be carried out in the light of these principles and of the United Nations three founding purposes: peace and security; sustainable development; and the protection and promotion of human rights. The credibility of the Human Rights Council would also be evaluated through the respect for the principles of universality, indivisibility and interdependence. Undoubtedly, the Council had achieved certain goals, but, above all, the basic principle that should guide all in the 2011 review was to avoid a protracted negotiation process which would distract the Council from its main responsibility - the respect of human rights. Such a protection gap could not be allowed within the Council's determination to achieve its goals. Special attention must be paid, within the context of the review, to the Universal Periodic Review, but the Council also granted particular importance to the role played by the Council's Special Procedures. The European Union believed that one of the main responsibilities of the Human Rights Council was to take care of the serious and more concerning situations regarding human rights violations. The removal of discrimination and intolerance required a comprehensive approach that included preventive measures for education, dialogue, and the promotion of the values of plurality and respect for differences.

General Debate on the Update on the Report of the High Commissioner and the Report of the Office of the High Commissioner and the Secretary-General

TOMAS HUSAK (Czech Republic) said the Czech Republic appreciated the update provided by the High Commissioner and reiterated its strong support for the independence, impartiality and integrity of her Office. While dialogue between countries with different value system could be difficult, its universality was the basic instrument in the system of international protection of human rights. The Czech Republic supported the engagement of the High Commissioner’s Office with civil society organizations and shared her call on the need to ensure that human rights defenders and international advocates were protected and able to operate freely. It was the State that bore the responsibility for protecting individuals, including human rights defenders, under its jurisdiction. The Czech Republic appreciated the role that the Office of the High Commissioner played in the Universal Periodic Review process and her principled stance on the scourge of discrimination.

CHRISTIAN STROHAL (Austria) expressed its concern about reports on this morning’s incident concerning aid destined for the Gaza Strip and conveyed its condolences to the families of the victims. Austria agreed with the High Commissioner’s assessment that the review of the Human Rights Council would require dedication and energy from States while ensuring that this process in no way diverted or impeded the Human Rights Council from fulfilling its mandate of addressing the many pressing human rights issues around the globe. Austria also shared the view that persons belonging to vulnerable groups in societies, be they minorities, indigenous peoples, migrants, children, women or persons with disabilities, all disproportionately suffered from marginalization, exclusion and inequality. It was of particular importance to give these people a voice and allow them to be heard in international fora.

CHOE MYONG NAM (Democratic People's Republic of Korea) said the reference to the abduction issue in the statement of the High Commissioner did not reflect the actual reality, as the Democratic People’s Republic of Korea had done its utmost to essentially resolve the case, in line with the letter and spirit of the Declaration, investigating and clarifying cases, and notifying those concerned. Five survivors had returned home, and the eight other cases had been documented. Unfortunately, these cases were now described as outstanding for reasons that were alien to human rights, which was strongly regretted. Koreans were the victims of human rights violations due to colonisation, and the families of those abducted at that time still did not know the fates of their beloved ones. The reference to the abduction case should have also included this situation, as otherwise it was one-sided, and not in respect of the impartiality that should be the hallmark of the work of the Office of the High Commissioner for Human Rights and the Human Rights Council.

YAHYA AL-WAHAIBI (Oman) said Oman firmly condemned the attack on the flotilla carrying international humanitarian aid to the Gaza Strip this morning and voiced its solidarity with the families of victims. Oman’s participation in this session confirmed its commitment to human rights. The visit by the High Commissioner to the Sultanate of Oman had had a very positive impact as it had made possible the awareness of the international report and the possibility of an exchange of views. Oman was preparing its national report as part of the Universal Periodic Review and was in the process of setting up its National Commission on Human Rights. Oman thanked the High Commissioner and her Office for the very fruitful cooperation that led to the organization of the workshop to study the methodology for preparation of the Universal Periodic Review reports. Countries needed to work to strengthen their respect for human rights which would lead to greater respect of peace and security.

SIHASAK PHUANGKETKEOW (Thailand) said that Thailand appreciated the concern as well as understanding that the High Commissioner had shown with regards to the recent political unrest in Thailand. Thailand felt compelled to provide some information about the events that had taken place in Thailand to ensure the utmost transparency as a newly elected member of the Human Rights Council. In exercising the utmost restraint, the Thai Government had allowed the protests to continue for well over two months despite the fact that such activities had paralyzed the Thai economy and resulted in increased unlawful acts and violence. It was also unfortunate that there were armed elements infiltrating the demonstrators who used deadly weapons to create chaos and violence, which led to clashes and the loss of lives as well as widespread injuries. Thailand reiterated that the use of force by the security officers was only as a last resort and for the strict purpose of law enforcement in accordance with international standards. The Thai Government deeply regretted the loss of lives and injuries that occurred and it was committed to bringing those responsible to account to provide justice to those affected by these tragic incidents and their families.

WENDY HEATON (New Zealand) said New Zealand commended the ongoing efforts of the High Commissioner towards, and commitment to, the protection and promotion of human rights. In her update, the High Commissioner had noted that women and girls often experienced multiple forms of discrimination, adding that every year more than half a million women and girls died and millions more were disabled through pregnancy and childbirth, and, furthermore, that these deaths were not inevitable. New Zealand shared the concern about this problem. The Office of the High Commissioner for Human Rights had prepared a thematic study on the issue of preventable maternal mortality and morbidity and human rights, and New Zealand agreed that this useful and timely study offered elements for reflection towards the improvement of the situation and the realization of Millennium Development Goal Five, and would also add value to the Summit on the Goals to be held in New York in September by providing a concrete example of the benefits of including a human rights perspective.

FADHL AL-MAGHAFI (Yemen) thanked the High Commissioner for her update and said that her statement confirmed the efforts toward the promotion of human rights by her Office. Yemen supported the statement made by the High Commissioner about the Occupied Palestinian Territory. The humanitarian aid convoy had been attacked by the Israeli army and 16 activists had been killed. These were people who had been trying to draw attention to the suffering of those living under the occupation. Yemen condemned the attack on this humanitarian convoy and said it represented a flagrant violation of human rights. The Government of Yemen had been able to put an end to the Saada rebellion and the President had proclaimed an amnesty for all who took part. The High Commissioner raised many important questions in her statement and she strongly encouraged the international community to increase efforts to achieve the Millennium Development Goals and the right to development. Yemen congratulated the newly elected members of the Council and wished them all success.

OMAR HILALE (Morocco) said that Morocco had learned of the attack by Israel against the humanitarian aid convoy bound for Gaza this morning. Morocco vigorously denounced this ignoble act and demanded that the international community call for an investigation into this event. Morocco supported the strengthening of financial resources for the Office of the High Commissioner for Human Rights and supported the balanced approach between civil and political rights and economic, social and cultural rights. The national human development initiative launched by Morocco in 2005 took into account the role of development agencies in promoting these rights and it agreed with the High Commissioner’s choice and agenda on horizontal levels such as maternal mortality that was at heart of the Millennium Development Goals. Morocco stressed the need to continue to combat racial discrimination and ensure the rights of migrant workers and it echoed the High Commissioner’s appeal to maintain these issues, including human development. International cooperation and international solidarity in the field of human rights were more necessary than ever.

HASNIA MARKUS (Libya) said Libya wished to participate in the work of the Council and would cooperate with Member States to strengthen human rights and ensure that the Council’s work stayed far away from double standards and politicisation. Libya supported the High Commissioner’s appeal to put an end to poverty and marginalisation and to ensure the protection of women and children. The issue of Islamophobia and discrimination against Muslims was not included in the report; this was an important issue, which should be a priority for the Office, along with the situation of the Arab population in the Occupied Territories and the Gaza Strip. There was an unbalanced parallel drawn between the battle by the Palestinian people to ensure their liberation, guaranteed under international instruments, and the Israeli Occupation. This double-standard approach should be rejected by the Council. Israeli terrorism was seen this morning when brutal Israeli forces shelled a humanitarian aid convoy bringing medicine and food to the people of Gaza. This savage crime was committed in cold blood and was a flagrant violation of human rights, an act of piracy by Israel, and the Council should live up to its responsibilities and ensure the protection of the Palestinian people and the lifting of the blockade on them.

OBAID SALEM SAEED AL ZAABI (United Arab Emirates) said the United Arab Emirates thanked the High Commissioner for her valuable statement and for the approach of transparency and cooperation she had adopted. The United Arab Emirates congratulated the countries that were elected and re-elected to the Council. The visit by the High Commissioner to the United Arab Emirates was highly appreciated and she had been able to meet with high-level members of the Government and members of civil society. The Government of the United Arab Emirates was fully satisfied with this visit that helped the High Commissioner see the progress and identify areas for further improvement. The United Arab Emirates condemned the criminal attack by the Israeli forces against the humanitarian convoy to Gaza and called on the international community to make Israel abide by its legal obligations under international law and international humanitarian law.

MURIEL BERSET (Switzerland) said Switzerland agreed with the High Commissioner’s condemnation of the shelling of the humanitarian aid convoy carrying relief items for the Gaza Strip and called for the circumstances of this tragedy to be rapidly clarified so that appropriate follow-up could be taken. Switzerland reiterated its support of the High Commissioner and her Office and welcomed her increased presence on the ground in countries like Guinea, Colombia and Nepal for example. The reopening of bureaus in a number of countries such as Honduras, Tajikistan and Madagascar also signalled a strengthening for human rights. Switzerland reiterated its commitment to a Human Rights Council that could fully carry out its duties. It was a central instrument in ensuring international rights and obligations of States. Switzerland welcomed the High Commissioner’s commitment to the next summit on the Millennium Development Goals and the integration of human rights into the Millennium Development Goals and hoped that the establishment of a United Nations development group would confirm the principles of a human rights-based approach both internationally and nationally.

MIRANDA BROWN (Australia) said Australia read with interest the comprehensive update of the work undertaken by United Nations treaty bodies to protect and promote economic, social and cultural rights. Australia was also interested in the report on operationalising the Protect, Respect, Remedy Framework, in relation to business and human rights, and agreed with the High Commissioner that civil society had played a major role in placing business and human rights on the human rights agenda. An essential requirement for the success of the High Commissioner in fulfilling her mandate to protect and promote the enjoyment of all human rights was her independence - she must be able to set her own priorities and work plans free from the influence of States. Australia looked forward to the opportunity to discuss with the High Commissioner Australia's recently launched Human Rights Framework, which outlined the action the Government would take to protect and promote human rights in Australia.

AHMET UZUMCU (Turkey) said that several speakers had made reference to the attack on the humanitarian convoy carrying assistance to civilians in Gaza and strongly condemned this act that was a flagrant violation of international law. This situation must be urgently addressed by the Human Rights Council. The High Commissioner for Human Rights had made reference in her statement to the Millennium Development Goals Summit. Turkey noted that development indicators were not limited only to economic figures and the Millennium Development Goals showed the right path towards real progress and where to focus the efforts. The Millennium Development Goals must be achieved globally and countries which had already achieved them must share their experiences and lessons learned.

GERARD CORR (Ireland) said Ireland was concerned about the loss of life this morning off the Gaza coast. This was a good time for the Human Rights Council to refocus on the need for the expert core of the United Nations system: the Special Procedures and the treaty bodies, to function optimally both in terms of the resources allotted to them and in terms of methods of functioning. In that respect, Ireland looked forward to continued discussions among stakeholders about how best to ensure that the treaty body system could evolve according to the demands placed on it. Progress on the Millennium Development Goals must be guided by the norms of human rights instruments and the rights of the vulnerable must be the responsibility of all States. Ireland’s view was that all the Human Rights Council’s efforts should have one primary focus: the enhanced protection of human rights of all human beings. Ireland strongly believed that the provisions of Resolution 60/251 had not yet been fully exploited by the Human Rights Council and that if this body was to achieve the noble task it had set itself, there was a need to reflect on how to increase its impact.

ALMA VIVIANA PEREZ GOMEZ (Colombia) said Colombia supported the work done by the High Commissioner and her Office, as well as her autonomy and independence, which should always be present in the work undertaken. Yesterday, Colombia had an exemplary election day, with the most peaceful and inclusive electoral process in its recent history, testimony to the way in which its democracy was being consolidated. Colombia continued to be committed to the human rights system of the United Nations and its mechanisms. The valuable work done by the High Commissioner on women's rights was recognized, and Colombia also recognized that it faced a challenge with regard to sexual violence. Colombia supported the resolute efforts by the High Commissioner to fight all forms of discrimination, including those based on sexual orientation.

DHARAR ABDUL-RAZZAK RAZZOOQI (Kuwait) said Kuwait strongly attacked the brutal attack perpetrated by Israel today against the humanitarian convoy carrying relief for the Gaza Strip and called on the Council to take a courageous stand in the face of the continuing inhuman violations by Israel on a daily basis. Kuwait considered Israel responsible for the safety of the flotilla and called upon it to live up to its international responsibility. The Gulf tour undertaken by the High Commissioner last month was the first such visit and represented an opportunity to see the region’s progress and its commitment to human rights promotion and protection. The High Commissioner had noted the rights of workers, particularly domestic workers, in her statement and Kuwait reiterated its commitment to protect the rights of all workers and to abide by all international treaties ratified by Kuwait. Kuwait confirmed its commitment to establish the National Commission for Human Rights.

SITI HAJJAR ADNIN (Malaysia) said that Malaysia appreciated the Office of the High Commissioner for Human Rights’ continued vigilance to counter deeply rooted and chronic human rights violations around the world. Malaysia hoped the Office of the High Commissioner for Human Rights would continue to treat all human rights components whether civil, political, economic, social and cultural as well as the right to development, in a fair and balanced manner. It was unfortunate that even almost 25 years after the adoption of the Declaration of the Right to Development, efforts to elevate this right on par with other human rights were still subject to protracted and difficult deliberations among some countries. Although they had passed the midway timeline, progress in the achievement of the Millennium Development Goals across regions continued to be uneven. Malaysia hoped that the High Commissioner and her Office would continue to place a high priority on the implementation of the right to development by enhancing their support in providing substantive and administrative inputs to the follow up mechanisms to the mandate.

ZEHOR HASSAN MOHAMMED (Sudan) said Sudan condemned the brutal attack on the freedom flotilla aimed at breaking the embargo on Gaza this morning. The Council should take a clear stand with regard to this violation of the most basic human rights. The Independent Election Commission in Sudan had granted all who had participated in the elections a full opportunity to run their campaigns independently, with no restrictions. Elections took place in Darfur with no incidents worth mentioning, and a high proportion of participation of women. The elections were widely monitored by the African Union, the European Union, China, Russia, and a large number of other countries and non-governmental organizations. All had expressed their recognition for the results of the elections, and that they took place in an atmosphere of peace and transparency, with no evidence of counterfeiting by any persons in charge.

GIRMA KASSAYE AYEHU (Ethiopia) said that the support of the Office of the High Commissioner for Human Rights remained critical for Ethiopia’s efforts to consolidate democracy and establish the rule of law. 2010 was an important year for Ethiopia as it had held its fourth national elections in May which had been declared by the African Union and a coalition of civic society organizations to be credible, free and fair. The May 2010 election presented a stark contrast to the elections in 2005 where post-election violence led to the unfortunate death of civilians. The Millennium Development Goals Summit would highlight the significant linkages between human rights and Millennium Development Goals. The Government of Ethiopia gave serious importance to the Millennium Development Goals and had one of the fastest economic growth rates in Africa. Numerous challenges remained and the Government was committed to further consolidating its efforts in this regard.

IRUTHISHAM ADAM (Maldives) said that the Maldives intended to use its membership on the Human Rights Council to focus, in particular, on five main issues: women’s rights; children’s rights; the rights of persons with disabilities; torture prevention; and environmental rights. As a Small Island State, a progressive Islamic country, a nation with historical ties to both East and West, and as a country that had recently undergone a sweeping democratic transition, it was the belief of the Maldives that it had a unique and useful perspective to bring to discussions and actions in these areas. It believed that the success, or otherwise, of their Human Rights Council membership would rest on the degree to which the Maldives itself, as a nation, became engaged with and benefited from membership. With that in mind, the Government had wide-ranging plans to engage Maldivians in their work, and in so doing increase awareness about international human rights law, about the Maldives’ commitments under that body of law, about international human rights protection mechanisms and their role in the Maldives, and about key issues and challenges in the realm of human rights.

MAURICIO MONTALVO (Ecuador) said Ecuador condemned Israel's attack on the high seas and the death of civilians, and called for an independent investigation to attribute responsibilities and lay down penalties. The exhaustive statement of the High Commissioner was very interesting, and Ecuador thanked her for welcoming Ecuador as a new member of the Council, a responsibility it would be assuming as of 19 June. The High Commissioner and her Office should continue their efforts to ensure that those countries that were not yet party to the Convention on the Rights of Migrant Workers and their Families accede to and ratify this important instrument. Ecuador fully agreed with the High Commissioner that what States wanted to see was a more efficient and effective Council. Ecuador supported the active participation of civil society, treaty bodies, and, above all, the Office of the High Commissioner for Human Rights itself. It was important, for the future of the United Nations system, to meet the Millennium Development Goals. There were unequal and unjust levels of development, which had led to unfair situations of marginalisation of societies and States, which further impeded the realization of the Millennium Development Goals.

HABIB MIKAYILLI (Azerbaijan) thanked the High Commissioner for her statement and congratulated the re-elected and newly elected members of the Council. Azerbaijan said that the upcoming review of the Council should not take up too much time. Azerbaijan continued to maintain excellent cooperation with the Office of the High Commissioner for Human Rights and said that the Special Representative of the Secretary-General for internally displaced persons had recently visited the country and Azerbaijan was looking forward to receiving the report. The Millennium Development Goals Summit in September would emphasize the need to accelerate the achievement of the Millennium Development Goals and would encourage governments to increase their commitments. Azerbaijan hoped that the future High Commissioner’s reports would contain remarks to the growing religious intolerance and discrimination.

VU DUNG (Viet Nam) noted with appreciation that the statement by the High Commissioner emphasized the importance of implementing the Millennium Development Goals, in particular poverty reduction and its effects on the enjoyment of fundamental freedoms and human rights. In that spirit, Viet Nam regarded the right to food and food security, and the right to education and access to basic healthcare, especially for women and children, as primordial aims while implementing the Millennium Development Goals, which would help ensure the most basic human rights. Viet Nam shared the view that the problems of marginalization, discrimination, inequality and violence remained major barriers to achieving the Millennium Development Goals and this also formed a human rights violation. Viet Nam recommended that the Human Rights Council and the High Commissioner prioritize resources and energy in investing in the implementation of the Millennium Development Goals as well as the right to development. Viet Nam had incorporated the Millennium Development Goals into its National Strategy for Socio-Economic Development and they had gained considerable achievements in fields such as healthcare, education and combating poverty

DINESH BHATTARAI (Nepal) said Nepal noted with appreciation the time and space given by the High Commissioner to the most pressing human rights challenges that the international community was confronting: economic, social and cultural rights and the importance of achieving the Millennium Development Goals. Poverty was a growing threat to the enjoyment of human rights, and the problem of poverty needed to be addressed in a holistic manner to create a conducive environment for the realization of the other Millennium Development Goals, as there was a direct interrelationship between poverty, marginalisation, and non-realization of the global composite of the Goals. Nepal considered advancing the Goal on global partnership for development as being critical to the realization of all the Goals. Nepal was making a democratic transition; the extension of the Constituent Assembly by one year through political consensus demonstrated the collective determination, willingness and commitment of the political leadership to the peace process, democratic principles and respect for all human rights through the making of a democratic Constitution.

YAKDHAN EL HABIB (Commission of the African Union) thanked Ms. Pillay for her report and congratulated the newly elected members of the Council. The Commission of the African Union appreciated the clear role of the High Commissioner in the achievement of the Millennium Development Goals and joined her call to countries to accord priority to the realization of the right to development. The Commission of the African Union attached the greatest importance to the achievement of Millennium Development Goals. The issue of maternal mortality would be discussed at the highest levels during the African Union Summit in July which would without any doubt result in concrete actions to improve maternal and infant health throughout the continent. The year 2010 was proclaimed the year of peace and security in Africa during the Tripoli Summit in 2009 and the Commission of the African Union strongly supported its members in the establishment of peace and the promotion of democratic governance.

ASADOLLAH ESHRAGH JAHROMI (Iran) said Iran strongly condemned today’s attack by Israel against the humanitarian aid convoy to Gaza which resulted in the killing of 16 civilians and the injuring of many others. Such attacks were in clear breach of international law, including international humanitarian and human rights law. Iran called on the international community to make every effort to put an immediate end to the inhumane blockade against the Gaza Strip and other Occupied Palestinian Territories. Iran welcomed the attention given to the realization of the Millennium Development Goals and the right to development. It considered that the enhancement of international cooperation was crucially important for achieving the Millennium Development Goals and the right to development. Iran also believed there was a greater need to promote economic, social and cultural rights and reiterated the negative impacts of unilateral coercive measures and economic sanctions on the full enjoyment of human rights by peoples in developing countries. Iran noted with concern the rising trend of Islamophobia and defamation of Islam and Islamic personalities as well as instances of discrimination against Muslims in certain European countries, which needed to be addressed and tackled more resolutely.

ALISON LECLAIRE CHRISTIE (Canada) said the goal of the five-year review was to make the Human Rights Council more efficient and effective in protecting and promoting human rights everywhere, in fulfilment of its mandate. The review should therefore strengthen the Council's ability to address human rights situations; improve cooperation by States with the Special Procedures; and enhance participation of stakeholders, including rights-holders, victims of violations, and human rights defenders, in the work of the Council. The achievement of the Millennium Development Goals was closely related to the work of this Council - it would not be possible to reach these goals without full respect for human rights. Respect for human rights for everyone without discrimination of any kind should be integrated across the work of the United Nations and fully considered in development work. Canada supported continued work to develop practical tools to promote implementation of the right to development, rather than seeking to elaborate a new instrument. Canada supported the High Commissioner's focus on promoting respect for human rights in the field, and expressed continued support for her efforts to speak out for the victims of human rights violations everywhere.

IMAD ZUHAIRI (Palestine) said Palestine strongly condemned the crimes committed by the Israeli authorities who attacked the humanitarian convoy which was bringing help to 1.5 million of inhabitants of Gaza living under the Israeli occupation. Palestine saluted the dignity and courage of those aboard the vessels in the international waters. Palestine called upon the international community to meet its responsibilities under the international law and said that the Gaza Strip was an intricate part of the Occupied Palestinian Territory. Israel had continued denying the occupation, but events of this morning and of last year showed that international humanitarian law needed to be applied in this situation.

JULIE DE RIVERO, of Human Rights Watch, said Human Rights Watch supported the High Commissioner’s call for an impartial and independent investigation into the recent violence in Thailand. Any investigation should address abuses by both sides, particularly incidents in which people were killed or wounded. Human Rights Watch was also deeply concerned about the attack on the humanitarian aid convoy to Gaza. The Israeli Government should conduct an investigation and anyone found guilty of excessive use of force should be brought to justice.

LAILA MATAR, of Cairo Institute for Human Rights Studies, said the recent killings off the coast of Gaza were a sad reminder of the situation and the need to uphold the recommendations of the Goldstone Report. It was of fundamental importance that in the lead up to elections in Africa and their aftermath, the rights to freedom of expression, assembly, association, movement and all other human rights were upheld. The Sudan elections were a missed opportunity to make progress on the issues of democratic development and the promotion of basic civil and political rights. The recent mission to the Gulf Cooperation States was welcomed, but it was regretted that in several countries the High Commissioner was either unable or prevented by the host State from personally meeting with independent human rights non-governmental organizations. Any country mission by the High Commissioner should be used to address the most severe human rights abuses occurring within that particular country.

PETER SPLINTER, of Amnesty International, welcomed the study prepared by the Office of the High Commissioner for Human Rights on preventable maternal mortality and morbidity and human rights and said it was important that this study informed both the review of the Millennium Development Goals and concrete strategies for actions to be decided at the Summit. The Summit was an opportunity for States to ensure that human rights were made central to all efforts to meet the Millennium Development Goals. Amnesty International urged all States to improve accountability, ensure participation, include the excluded, set national targets for progress and ensure all international cooperation and assistance in support of Millennium Development Goals was consistent with international human rights standards.

RENATE BLOEM, of CIVICUS, the World Alliance for Citizen Participation, said CIVICUS deplored that the current emphasis on the Millennium Development Goals was on numerical targets and that it risked shifting the primary focus away from those most in need, marginalized and vulnerable groups, to groups that were more easily reached in order to meet the targets. CIVICUS also expressed concern about human rights violations during electoral periods when the rights to freedom of expression, assembly, association, and movement were in danger.

ROY W. BROWN, of International Humanist and Ethical Union, said Millennium Development Goal Five on maternal health was the Goal which remained furthest from achievement, yet the world had known for decades that the key to reducing the appalling toll of maternal mortality was to give women control of their own bodies. Governments must invest in providing women with the information and means to decide when to become pregnant, but this could not be achieved while culturally- and religiously-inspired misogyny and gynophobia were allowed to persist in so many States. Governments had a massive responsibility to try to change such deeply embedded attitudes towards women. Corruption was also a human rights issue, and unless national leaders began to understand that their first responsibility was to their people and not to themselves, it was hard to see how any of the Millennium Development Goals could be achieved.

HILLEL NEUER, of United Nations Watch, said United Nations Watch supported the High Commissioner’s continuing demand for an independent international accountability mechanism for the civilians victimized in Sri Lanka’s war last year. Tens of thousands had died and United Nations Watch joined the call for justice. The High Commissioner made reference to numerous other critical situations, including Nigeria, and United Nations Watch asked when the Council would begin to address those and other deserving situations. The refusal of the humanitarian convoy to unload their cargo at the request of the Israeli authorities proved that the conflict was what Hamas was after.

Documentation

The Report of the Independent Expert in Cultural Rights, Farida Shaheed (A/HRC/14/36) details the preliminary views on the conceptual and legal framework of the mandate, focuses on the challenges regarding the scope and content of cultural rights, reviews the relevant existing provisions in the United Nations human rights instruments, and outlines initial thoughts on the interaction among the principle of universality of human rights, the recognition and implementation of cultural rights and the need to respect cultural diversity.

The Report of the Special Rapporteur on the Human Rights of Migrants, Jorge Bustamante (A/HRC/14/30) focuses on the enjoyment of rights to health and adequate housing by migrants. The Special Rapporteur recalls the applicable international legal framework and discusses main challenges encountered by migrants in the enjoyment of these rights, with particular attention to the situations of migrant women and girls and children.

Communications to and from Governments (A/HRC/14/30/Add.1) contains, on a country-by-country basis, summaries of communications addressed to Governments in the form of urgent appeals and letters of allegations between 7 March 2009 and 31 March 2010, as well as replies received until 10 May 2010. Observations made by the Special Rapporteur have also been included where applicable.

Mission to Romania (15 – 20 June 2009) (A/HRC/14/30/Add.2) examines the protection of the human rights of migrants, placing Romania primarily as a country of origin and transit of migration flows, but also a country where labour immigration and asylum-seeking are emerging trends. It highlights the legal framework at the international, European and domestic levels, underscoring some gaps in the implementation of existing laws, and noting problematic policies.

Mission to the United Kingdom of Great Britain and Northern Ireland (22-26 June 2009) (A/HRC/14/30/Add.3) examines the protection of the human rights of migrants in the United Kingdom of Great Britain and Northern Ireland, placing it primarily as a country of destination of migration flows. It presents the legal framework pertaining to the human rights of migrants at the international, European and domestic levels, underscoring some gaps in the implementation of existing laws and noting policies which should benefit from a human rights approach.

Presentations by Independent Expert in the Field of Cultural Rights and Special Rapporteur on Human Rights of Migrants

FARIDA SHAHEED, Independent Expert in the Field of Cultural Rights, said that despite numerous references in international instruments and the practice of human rights, the area of cultural rights remained relatively under developed. Her task was to investigate how best to distinguish which rights might be considered cultural and to further define the content of such rights.

Ms. Shaheed said she viewed culture not as “a series of isolated manifestations or hermetic compartments”, but as a living, dynamic and evolving process by which individuals and communities gave expression to the culture of humanity. She said she firmly believed that when grounded in existing norms and principles of international human rights law, cultural rights enriched the world’s understanding of the principle of universality of human rights by taking into consideration cultural diversity.

Ms. Shaheed said that many other mechanisms included aspects of cultural rights, especially those concerning minorities, indigenous peoples and migrants, and those dealing with expression, religion, racism, education, extreme poverty and violence against women. To avoid duplication, she would consult with these mechanisms, seek collaboration and focus on issues that were unaddressed or required more attention.

Given the wide scope of potential issues relating to cultural rights and the limitations due to resource constraints, the Independent Expert proposed to focus on two broad areas: ensuring cultural rights in the globalization and the development process, including issues of media pluralism and the impact of information technologies; and issues concerning the right to participate, to access and contribute to cultural life without any discrimination, starting with cultural rights within the education system, freedom of scientific research and creative activity, and the right to benefit from scientific progress and to access cultural heritage.

JORGE BUSTAMANTE, Special Rapporteur on the Human Rights of Migrants, presenting his annual thematic report, said this year it focused on the rights to health and adequate housing in the context of migration. In the thematic report, he recalled the universality and indivisibility of human rights, and stressed that States must take immediate and concrete steps to ensure the realization of the human rights of migrants at all stages of the migratory processes in countries of origin, transit, and destination. He paid attention to the enjoyment of the rights to health and adequate housing by migrants in host countries in light of the growing trend in a number of host countries to adopt immigration policies and measures which significantly hampered the enjoyment of these rights by migrants, and also paid special attention to the situations of migrant women and girls and migrant children, given their vulnerability to violations of these rights.

Migrants could play an active role in the social and economic development of host countries, particularly when their human rights, such as the rights to health and adequate housing, were fulfilled in a manner that ensured equal opportunities and gender equality. The enjoyment of these rights was a crucial means to ensure equitable human development and social integration of migrants in host societies. States should ensure the satisfaction of minimum essential levels of primary health care as well as basic shelter and housing for all individuals within their jurisdiction, regardless of their citizenship, nationality, or immigration status. States should strengthen legal frameworks to guarantee access to justice regardless of immigration status. States should also consider and develop policies on the regularisation and integration of migrants in irregular situations in order to reflect their contributions to the host societies and to provide better protection of their rights, including those to health and adequate housing.

During the period under review, the Special Rapporteur he had visited Romania, the United Kingdom, and Senegal. In his report, he placed Romania squarely as a country of origin and transit of migration flows, and underscored some gaps in the implementation of existing laws, and noted problematic policies. The report also reflected on the national and international legal framework for the protection of migrants as well as on the public policies and programmes put in place by the Government of the United Kingdom, noting the Government's interest in addressing some of the problems related to the human rights of migrants, but observing with concern certain gaps and ambiguities in the legislative framework regulating migration, but recognising that the United Kingdom had shown genuine efforts to deliver a migration policy which determined the conditions of admission, stay, and removal of non-nationals while aiming at complying with human rights obligations. Next year's presentation would present the report on the visit to Senegal, as well as to Japan, and would also look at the protection of migrants in South Africa in 2010 and in Albania and Greece in 2011.

Statements by Concerned Countries

MARIA CIOBANU (Romania), speaking as concerned country, said Romania firmly supported the independence and efficiency of the Special Procedures and it was essential that States cooperated with all mandate holders. Romania welcomed the visit of the Special Rapporteur on the human rights of migrants, adding that the report was a valuable assessment on the human rights of migrant workers in Romania and the conclusions and recommendations would be further analyzed and followed up by the Government. Romania considered that the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families did not create new rights for migrants but reiterated rights already provided for by international instruments to which Romania was a party. The European Union had taken a steady interest in how to best regulate migration, so as to adequately integrate economic integration. At the core lay the principle of equal treatment of third-countries nationals and migrant workers enjoyed a completely secure legal status on the European Union territory. As a member of the European Union, Romania was bound to guarantee to migrant workers at least the minimum level of protection and they enjoyed a level of protection that could not go below the European Union-established standards. Romania was also a party to almost all major international and regional conventions and protocols in the field of human rights and therefore guaranteed the rights deriving from those conventions and applied them flawlessly to all individuals. Romania did not share the Special Rapporteur’s interpretation concerning a number of reported cases as being general phenomenon. Romania’s perspective was that some of the information had not been treated in an accurate manner, taking into account all the data provided by the Romanian authorities.

PHILIP TISSOT (United Kingdom), speaking as a concerned country, said it was pleased that the Special Rapporteur, Jorge Bustamante, found several examples of good practices which illustrated the commitment of the United Kingdom to the protection of human rights of migrants. However, the United Kingdom wanted to take the opportunity to respond to a number of points and recommendations which the Special Rapporteur raised in his report. The new Government that had taken office since the Special Rapporteur’s report was issued was determined to build upon the United Kingdom’s proud traditions, for example over the protection of refugees. The Government would review arrangements to ensure that they were efficient and effective, and also fair and humane. An early step had been the commitment to end the detention of children for immigration purposes. The State also wanted to point out that in age dispute cases when an asylum seeker claimed to be a minor, but their appearance suggested they were over 18, it was the United Kingdom Border Agency’s policy to treat them as an age dispute case until there was credible evidence to demonstrate the age claimed. All age disputed cases were referred to the Local Authority to carry out an age assessment.

Right of Reply

YUJI YAMAMOTO (Japan), speaking in a right of reply, said there had been a distorted and incorrect presentation by the delegation of the Democratic People's Republic of Korea earlier regarding the abduction of Japanese nationals. The statement by the delegation, that the abduction issue had been resolved, completely contradicted the facts, and was contrary to the agreement between Japan and the Democratic People's Republic of Korea, which had changed its position on the abduction issue in 2008. At present, out of the 17 Japanese recognized by the Government of Japan as having been abducted, only five had returned home, and the Democratic People's Republic of Korea had yet to provide a strict fact-based and satisfactory explanation as to the fate of the remaining twelve. There were also other cases of disappearances where the possibility of abduction could not be ruled out. The High Commissioner had urged the Democratic People's Republic of Korea to facilitate an independent investigation to determine the whereabouts of the disappeared, and Japan welcomed this. As for the issue of the past, the delegation of Japan had explained its position in numerous statements before the Council, and would not do so again. Abductions were nothing other than serious human rights violations which tore apart families - the Democratic People's Republic of Korea should not seek excuses for its human rights violations by making irresponsible statements on the issue, and by making repeated references to the past.

AHARON LESHNO-YAAR (Israel), speaking in a right of reply, said with regard to what happened this morning in the East Mediterranean, not everything was clear yet at this point. A maritime blockade was in effect off the coast of Gaza because Israel was in a state of armed conflict with Hamas, which controlled Gaza and which had repeatedly targeted civilians in Israel with weapons imported by sea. Any vessel that attempted to break the maritime blockade may be attacked. A flotilla was intercepted by Israeli forces after they repeatedly warned the ships that a maritime blockade was indeed in effect and the ships were given due notice of the location. They were given numerous warnings and offered a chance to land in the port of Ashdod and to land their aid for Gaza there in accordance with security procedures. The flotilla organizers denied these offers and said it was not about aid to Gaza but about breaking the Israel blockade. It was decided that Israeli forces would board the ship and lead them to the port. There was only one ship out of six where violence ensued. Israel urged States not to rush to conclusions before full information was known. The humanitarian items for Gaza would be transferred overland. Israel regretted any loss of life, but that responsibility lay not with Israel, but on the planners of this action.

MOHAN PEIRIS (Sri Lanka), speaking in a right of reply, asked Canada to desist from making politically popular statements that did not reflect contemporary developments in Sri Lanka. To continue with this style of rhetoric would be counterproductive to the reconciliation process which had now been set in high gear and which had received the overwhelming mandate of the people of Sri Lanka. Canada should take every measure to persuade the diaspora to participate in the development process of Sri Lanka. The Government of Sri Lanka would welcome this participation.

HAMZA AHMED (Sudan), speaking in a right of reply, said Sudan regretted that the same politicisation and double standards were used in the Council which had led the Commission to its death. Sudan was at a new stage in its political history, and had been able to hold general elections in 2010, which had been characterised as the "most successful" on the African level, and were witnessed by the largest monitoring group in the whole world. Sudan was surprised to be described as a country which perpetrated systematic human rights violations, as it had been characterised in some statements by such countries as Canada. There had been wide participation in the elections, with no incidents worth mentioning, as stated by several reports. Those who cared about human rights should put accusations to those who deserved them - the situation of human rights in Sudan spoke for itself. Monitors had also, in their reports, clearly indicated that the recent elections in Sudan were fair.

CHOE MYONG NAM (Democratic People's Republic of Korea), speaking in a right of reply, categorically rejected the Japanese stereotype of the Japanese abduction case. Five survivors were returned back to Japan, and eight others were accounted for with all appropriate paperwork, but Japan insisted that this was an outstanding issue because the Government of Japan was hell bent on implementing its domestic policy against the Democratic People's Republic of Korea. The real intention of the Japanese Government was to politically abuse the abduction case in its decades’ long hostility with the Democratic People's Republic of Korea and to escape from the legal and moral responsibility of its crimes against humanity committed against Korea in the past. The only outstanding issue between the two countries was Japan’s crimes against humanity committed against the Democratic People's Republic of Korea. The Democratic People's Republic of Korea renewed its call on Japanese authorities to end the groundless naming and shaming on the pretext of the abduction of the Japanese and instead address its past crimes against humanity as an utmost priority.

YUJI YAMAMOTO (Japan), speaking in a second right of reply, reiterated that it was truly regrettable that the Democratic People’s Republic of Korea had not responded to the abduction of Japanese citizens and kept attacking Japan under different pretexts. Japan urged the Democratic People’s Republic of Korea to take concrete steps to resolve all the abduction issues.

CHOE MYONG NAM (Democratic People's Republic of Korea), speaking in a second right of reply, said this was yet another misleading Japanese allegation. The Democratic People's Republic of Korea had made every effort with great sincerity, and had resolved the issue of abduction once and for all. Japan's history was full of invasions of other countries, with abductions, rapes, and sexual slavery, which Japan had not settled, and refused to acknowledge, distorting its history. In Japan today, many Korean residents, the descendents of those who had been colonised, were subject to harsh discrimination and repression in all areas of economy, employment and culture. This was only the tip of an iceberg of discrimination. Japan should address its past crimes against humanity as urgently as possible, and avoid naming and shaming on the grounds of the abduction cases, which had been resolved once and for all.

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