COMMISSION HEARS FROM INDEPENDENT EXPERTS ON HUMAN RIGHTS IN HAITI, AFGHANISTAN AND SOMALIA

Commission on Human Rights
AFTERNOON
15 April 2005


Continues General Debate on Promotion
and Protection of Human Rights


The Commission on Human Rights this afternoon heard from three Independent Experts on the situation of human rights in Haiti, Afghanistan and Somalia and from the Chairperson of the Board of Trustees of the United Nations Voluntary Fund for technical cooperation in the field of human rights.

The Commission also heard from the Minister of Justice and Public Security of Haiti before continuing its general debate on the promotion and protection of human rights. Speakers focused, among other things, on the need to protect human rights defenders and the death penalty. They also outlined national efforts to ensure the promotion and protection of human rights.

Thomas Hammarberg, Chairperson of the Board of Trustees of the United Nations Voluntary Fund for technical cooperation in the field of human rights, said throughout its 50 years of existence, the Technical Cooperation Programme had grown in size and complexity and all this despite very limited resources. The Office of the High Commissioner for Human Rights had recognised, that it was essential for the Office to retain a strong capacity for independent programming and implementation within technical cooperation while taking on the new challenge of assisting others to carry out human rights-related action.

Louis Joinet, Independent Expert on the situation of human rights in Haiti, said issues of prolonged detention, the "rumour syndrome", and the question of impunity for human rights violations were the greatest challenges that continued to face Haiti, and noted that the Government continued to be surrounded by gangs, which seemed to wish to exterminate each other. Throughout the country, lack of security continued to prevail. The effort for the future must be to establish national institutions to take over the current efforts of the peacekeeping mission.

Speaking as a concerned country, Haiti said there was a fundamental difference between this year's report and reports from previous years. The human rights violations were no more attributed to the State; they were blamed on armed bands and demobilized soldiers which the Government was attempting to control. The Government was paying special attention to the respect of fundamental freedoms of all people and the press was functioning without any fear.

Cherif Bassiouni, Independent Expert on the situation of human rights in Afghanistan, said Afghanistan was currently engaged in a complex process of national reconstruction and development following more than 23 years of sustained and highly destructive conflict within a general context of extreme poverty, limited resources and stagnated development. The long-term success of the country's political transition required significant and immediate attention to the rule of law, justice and human rights in order to assist the Afghan people.

Speaking as a concerned country, Afghanistan said the process of reconstruction and promotion of human rights had accelerated in the past year, given the conviction that concrete measures should be taken to ensure protection for individuals, especially in post-conflict countries. Fundamental rights were linked to human dignity and good governance, as well as to the realization of those political rights essential to democraticisation and State consolidation as a guarantor of security, stability and fundamental rights. The human rights situation throughout the country had improved perceptibly, but much work remained to be done.

Ghanim Alnajjar, Independent Expert on the situation of human rights in Somalia, said there appeared to be an improved appreciation or at least knowledge of human rights in Somalia. This was an encouraging sign, but much remained to be done to shore up this gain, and to advance the cause of human rights in Somalia. The international community should consolidate its support to the Transitional Federal Government at this crucial stage. It should also extend assistance to civil society and give integrated support to the United Nations country team for Somalia.

Bernard Gousse, Minister of Justice and Public Security of Haiti, said the relevant international instruments on human rights had not been fully respected by Haiti in the past. Over the past year, individual freedoms had been fully restored. Governmental intimidation and State violence against political groups and press organs had completely disappeared. The human rights organizations working in the country had noted a drastic decrease in human rights violations attributed to the State.

In the context of the general debate, speakers addressed the need to protect human rights defenders, as there was particular concern for the continuing increase in reports of serious attacks on the rights of defenders which were committed all over the world. There was a wide spectrum of harassment and intimidation, from defamation and arbitrary arrests to the physical violence to which human rights defenders were often subjected to. There was a growing trend to label some human rights defenders, particularly those upholding the rights of minorities, as terrorists and a threat to the State, thus leaving them vulnerable to abuse. States should guarantee a favourable environment for the defence of internationally recognised human rights, speakers said.

Another issue of concern was that of the death penalty, with some speakers urging all States to abolish capital punishment. Other speakers underlined that there was no international consensus on whether the death penalty was a violation of human rights, and in the clear absence of international agreement, countries on one side of the argument had no right to impose their views on others, as though their views were sacred and beyond argument.

Speaking in the context of the general debate were Luxembourg (for the European Union), Costa Rica, Paraguay (on behalf of MERCOSUR and associated States), Germany, Saudi Arabia, New Zealand (on behalf of Andorra, Argentina, Austria, Belgium, Canada, Chile, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Guatemala, Iceland, Ireland, Luxembourg, Mexico, New Zealand, Netherlands, Norway, Portugal, Republic of Korea, Romania, Slovenia, Spain, Sweden, Switzerland, the United Kingdom of Great Britain and Northern Ireland, Uruguay and Venezuela), Qatar, China, Ireland, Sri Lanka, Kenya, Argentina, Mexico, Kuwait, Norway, African Union, Poland, Singapore, UNESCO, Kazakhstan, Jordan, Switzerland, Republic of Moldova, Thailand, and San Marino.

Speaking in a right of reply was the delegation of Iraq.

The Commission will hold its next meeting on Monday, 18 April, at 10 p.m., when it will continue its general debate on the promotion and protection of human rights.

Presentation by Minister of Justice and Public Security of Haiti

BERNARD GOUSSE, Minister of Justice and Public Security of Haiti, said the relevant international instruments on human rights had not been fully respected by Haiti in the past. In the past year, individual freedoms had been fully restored. Governmental intimidation and State violence against political groups and press organs had completely disappeared. The human rights organizations working in the country had noted a drastic decrease in human rights violations attributed to the State. The Government was conscious that certain situations did not correspond to international standards due to the lack of infrastructure or weak institutions inherited from the previous regime. Since many of prison centres had been destroyed, the situation of pre-trial detainees was regrettable. The Government had undertaken actions to reduce the period in which suspected persons were tried so that they might not remain in custody for a long period. In the capital city, Port-au-Prince, the Government had increased the number of correctional courts with the view to decreasing the number of pre-trial detainees. The accused persons themselves had obstructed those efforts by not appearing before the courts and being absent from the hearing proceedings.

The Government recommended that the international partners respect the Haitian court decisions, which were made independently, according to the laws of the nation. The Government of Haiti was committed to strengthen the independence of its justice system and would provide its judicial system with the required competence in the administration of justice through adequate budgetary allocation. The schools of training for magistrates would also be strengthened. The Government fully guaranteed access to education, health and well-being. It was hoped that the future governments would repair the past errors. The current transitional Government exhorted its international partners to meet their promises by providing assistance, which would allow Haitians to undertake development work. The international community also should open their markets to Haitian products and accord them the same advantage as their own products. The increase in labour would decrease delinquency.

Documents on Advisory Services and Technical Cooperation in the Field of Human Rights

Under this agenda item, the Commission has before it a number of documents.

There is the annual report of the Secretary-General on advisory services and technical cooperation in the field of human rights (E/CN.4/2005/110), which focuses on technical cooperation and policy issues as discussed by the Board of Trustees of the Voluntary Fund for Technical Cooperation in the Field of Human Rights. The report also provides an overview of the Technical Cooperation Programme, which has continued to evolve and is in need of additional funding.

There is the report of the Independent Expert on the situation of human rights in Somalia, Ghanim Alnajjar, (E/CN.4/2005/117), which notes that in 2004 the Somalis agreed to establish the Transitional Federal Parliament and Transitional Federal Government, signalling a cautious optimism for peace and reconciliation for Somalia. In that regard, the Independent Expert calls on the international community to consolidate its support to the Transitional Federal Government in this crucial stage, to extend assistance to civil society, and to give integrated support to the United Nations country team for Somalia. The autonomous region of "Somaliland" continued to be relatively secure throughout 2004. Of concern were a slight increase in police brutality, an alarming trend in juvenile suicides and the forced return of refugees to "Somaliland". There were also reports of impunity, threats to human rights defenders and journalists as well as to freedom of association and opinion. The conflict in the contested border regions of Sool and Sanaag, continued between "Somaliland" and "Puntland", causing serious human rights violations, and resulting in prisoners of war on both sides. A highlight of the Independent Expert's mission to "Somaliland" was the negotiated release of Zamzam Ahmed Dualeh of "Puntland", a 17-year-old girl who had been sentenced to five years' incarceration for espionage and for lying about her clan identity. In "Puntland", the human rights issues mostly concerned economic and social rights, the report states.

There is the report of the Independent Expert on the situation of human rights in Afghanistan (E/CN.4/2005/122), which draws attention to an array of continuing violations including repressive acts by factional commanders; arbitrary arrests and other violations by State security forces, including intelligence entities; severe threats to human rights posed by the expanding illegal drug industry; egregious violations of women's rights by the State and as related to an array of social practices; and illegal detentions and abuses committed by the United States-led Coalition Forces. While welcoming recent development regarding a national transitional justice strategy, including activities of the United Nations High Commissioner for Human Rights and the Government's acceptance of a report by the Afghan Independent Human Rights Commission, the Independent Expert called on the Government to work with the international community to design and implement a comprehensive strategic plan regarding the rule of law, justice and human rights focusing on reforms in the administration of justice, actions to combat the illicit drug trade, and anti-corruption policies.

There is the report of the Independent Expert appointed by the Secretary-General on the situation of human rights in Haiti, Louis Joinet, (E/CN.4/2005/123). In the field of human rights, the report notes, serious violations have persisted - attacks, especially armed assaults, reprisals, rapes, murders, summary executions, lootings, destruction through fires, among other things. The Independent Expert has observed that, apart from the too numerous cases of prolonged detention and reprehensible police practices, these violations generally no longer emanated from the Government as such, but were more often the work of two groups of armed adversaries. Although these violations affected all social classes, the poor populations in gang-ridden shantytowns and women and children were the most vulnerable victims. The fight against impunity, which remained one of the Government's declared priorities, had resulted to date in the removal of a number of officials on the strength of vague, perfunctory procedures which provided insufficient guarantees. There had also been the arrest of a number of pro-Aristide figures, including the former Prime Minister Yvon Neptune, and the setting up of a Central Unit of Financial Information to deal with cases of bribery, embezzlement and money laundering.

Presentation by Chairperson of the Board of Trustees of the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights

THOMAS HAMMARBERG, Chairperson of the Board of Trustees of the United Nations Voluntary Fund for technical cooperation in the field of human rights, said throughout its 50 years of existence, the Technical Cooperation Programme had grown in size and complexity, from the delivery of a small number of arbitrary detention ad hoc seminars to institution-building projects in around 30 countries; from activities implemented from Geneva to projects carried out in the field in collaboration with United Nations peacekeeping missions and country teams, and all this despite very limited resources. United Nations regular funding had always been inadequate, and the resources available did not match the needs.

In the context of recent discussions on the Secretary-General's reform initiatives, some had pointed out the need to refine the policy orientation of the Technical Cooperation Programme, others had gone as far as to question its raison d'être. From discussions, it had been concluded, and the Office of the High Commissioner for Human Rights (OHCHR) had recognised, that it was essential for the Office to retain a strong capacity for independent programming and implementation within technical cooperation while taking on the new challenge of assisting others to carry out human rights-related action.
If the Board of Trustees of the Fund had been able to focus on policy issues at the programme level, moving away from the traditional task of reviewing individual projects, this was mainly due to the enhanced capacity at OHCHR to review and implement projects. The Office would take all necessary steps to ensure that this important move towards enhanced management did not negatively affect the recent gains in the area of technical cooperation, including a stronger focus on policy analysis which had translated into a more substantive servicing of the Board.

Presentation by Independent Expert on the Situation of Human Rights in Haiti

LOUIS JOINET, Independent Expert on the situation of human rights in Haiti, cited issues of prolonged detention, the "rumour syndrome", and the question of impunity for human rights violations as the greatest challenges that continued to face Haiti, and noted that the Government continued to be surrounded by gangs, which seemed to wish to exterminate each other. Throughout the country, lack of security continued to prevail. The effort for the future must be to establish national institutions to take over the current efforts of the peacekeeping mission. As the protector of the citizenry, the Government must play its role.

In that regard, there was a real need to strengthen the legal system, he noted. There was a need for forensic medicine, as the judicial system could have all the witnesses it wanted, but had no means of analyzing cases. There must be political will to fix that situation. He also noted that he had recently undertaken a trip to the country, during which he had realized how badly the situation with regard to prison escapees had been underestimated. Disarmament also remained a significant problem, although more fundamentally, judges remained apprehensive about making decisions as they had no security. There must be a reconstruction of judicial facilities, including prisons, police stations and courts, in order to reinforce the judicial system, and a transparent code of justice must be adopted. Moreover, additional seminars on the application of treaties over law must be held; Haiti had acceded to the Inter-American Human Rights Convention, which could help to redress the situation.

Finally, he noted that he had originally been in favour of transferring the former Prime Minister to custody in the town in which he was to be tried. However, following a visit to that locale, during which he had experienced difficulty in securing protection, and during which he had toured the town, visited with authorities and various other parties, and had ascertained the situation to be dangerous, he had changed his position. The former Prime Minister should not be transferred.

Response by Concerned Country

BERNARD GOUSSE (Haiti), speaking as a concerned country, said the Government of Haiti saluted the efforts of the Independent Expert Luis Joinet and his report which had been submitted to the Commission. The Government had noted that there was a fundamental difference between this year's report and the reports of previous years. The human rights violations were no longer attributed to the State, rather they were blamed on the armed bands and demobilized soldiers, which the Government was attempting to control. Concerning violence against women, the Government recognized that it had not improved. However, the Ministry of Empowerment of Women had launched a campaign of sensitisation in collaboration with non-governmental organizations which were working against violence against women. The Government had put in place a legal framework with the view to improve the situation of sexual violence against women. Sexual violence was now considered as an aggravating circumstance in the prosecution of the authors of the crime as promulgated in a new decree.

With regard to violence against children, as recognized by the Expert, the problem was related to poverty. The Government was paying special attention to the respect of fundamental freedoms of all people and the press was functioning without any fear. The opposition media was also operating without any impediment and without any interference by the Government. The administration of justice had been improved and the number of police officers had been doubled.

Presentation by Independent Expert on Situation of Human Rights in Afghanistan

CHERIF BASSIOUNI, Independent Expert on the situation of human rights in Afghanistan, said Afghanistan was currently engaged in a complex process of national reconstruction and development following more than 23 years of sustained and highly destructive conflict within a general context of extreme poverty, limited resources and stagnated development. The initial phase of democratic transition was coming to a close with the adoption of a new Constitution. Advances in nation-building, the presidential elections, upcoming parliamentary elections, the establishment of national human rights institutions, and a growing overall sense of State legitimacy. However, the long-term success of the country's political transition required significant and immediate attention to the rule of law, justice and human rights in order to assist the Afghan people in processing current claims, addressing past atrocities, preventing future violations, and enabling the State to consolidate its role as the primary guarantor of security, stability, justice and human rights.

A number of positive developments had been carried out, including the successful presidential election of 9 October 2004, the return of nearly 4 million refugees and internally displaced persons to their homes, and recent developments towards a national transitional justice strategy, including the Government's acceptance of the report by the Afghan Independent Human Rights Commission and the report of the United Nations High Commissioner for Human Rights on post-conflict justice. Those were positive signs that contributed to a sense of hope and new possibility that existed within Afghanistan. However, the country faced an array of continuing violations which should be addressed to ensure peace, stability, security and the protection of human rights. Following his recommendations, the Government had released 730 individuals who had been illegally held in inhuman conditions for over 30 months. The continuing violations included repressive actions by factorial commanders who were beyond the Government's reach; arbitrary arrest and detention, abuses by the state security forces, including foreign special forces; and severe threats to human rights posed by the expanding illegal drug cultivation industry, among other things.

Response by Concerned Country

ASSAD OMER (Afghanistan), speaking as a concerned country, said the process of reconstruction and promotion of human rights had accelerated in the past year, given the conviction that concrete measures must be taken to ensure protection for individuals, especially in post-conflict countries. As effective strategy for protection and promotion of human rights required cooperation, namely through increased support for national institutions responsible for the protection and promotion of human rights and assistance to Government authorities in the elaboration of structures and mechanisms, all assistance efforts should serve to strengthen the national capacity to protect and promote human rights. Among new initiatives for the restoration of human rights in the country, he cited the project on the right to vote, and to stand as a candidate. These fundamental rights were linked to human dignity and to good governance, as well as to the realization of those political rights essential to democratization and State consolidation as a guarantor of security, stability and fundamental rights.

Noting that more than 10 millions voters had taken part in the presidential elections of October 2004, among whom women had constituted 41 per cent, he stressed that this State consolidation process had also had effects in the economic sphere. Progress had been made in terms of employment, and the general economy, but much remained to be done to rebuild the national economic infrastructure, as well as in the security domain. The demobilization and reintegration of 50,000 combatants was in progress, and more than 43,000 had already been demobilized. More than 30,000 weapons, including 9,000 pieces of heavy weaponry, had been retrieved throughout the country. Moreover, 53,000 new police officers had been trained in the last three years, and more than 20,000 men had joined the new army. These forces often worked to assist the international forces in their security and anti-terrorist operations.

Regarding the administration of justice, he continued, reform of the judicial system was progressing. Professional training programmes for judges continued, including through seminars and specialized courses. The human rights situation throughout the country had improved perceptibly, but much work remained to be done. To that end, the Independent Expert and his recommendations were welcomed. Those recommendations must be viewed through the lens of a country in reconstruction; issues related to security, the economy and reform of the State structure were intimately linked with efforts to strengthen the rule of law, administration of justice and protection and promotion of human rights. The Independent Expert had, however, failed to note the guarantees for freedom of the press and freedom of speech that prevailed in the country. Strategies related to human rights and to the fight against cultivation and trafficking in narcotics were in the process of being elaborated, as were responses to the recommendations concerning strengthening the primacy of law, justice and human rights. However, these proposals must be translated into concrete technical assistance programmes.

Presentation by the Independent Expert on Human Rights in Somalia

GHANIM ALNAJJAR, Independent Expert on the situation of human rights in Somalia, said after over 40 years, late 2004 had signalled a cautious optimism for peace and reconciliation for Somalia, as the last round of the peace process appeared to come to an end and Somalis agreed to establish the Transitional Federal Parliament and Transitional Federal Government. In the context of these political developments and very likely owing to the hard and courageous work of international and national non-governmental organizations in Somalia, there appeared to be an improved appreciation or at least knowledge of human rights in Somalia. This was an encouraging sign, but much remained to be done to shore up this gain, and advance the cause of human rights in Somalia. The international community should consolidate its support to the Transitional Federal Government at this crucial stage, to extend assistance to civil society and to give integrated support to the United Nations country team for Somalia.

The profile of Somali women and support of their rights had increased somewhat over the past few years. There was some small improvement towards the wider participation of women in politics in Somalia. Nevertheless, there was a need to continue improving the economic empowerment of women and their participation rate in the social and political spheres. Another continuing challenge to the human rights of 98 per cent of Somali women was the widespread practice of female genital mutilation. The international community and the UN country teams should support small civil society projects and programmes which undertook fundamental human rights work for the women of Somalia.

Against all odds and in very difficult conditions, Somali civil society continued to make progress through networking and modest activities which protected and promoted human rights, and the Expert strongly supported further advancements to overcoming the significant difficulties faced by civil society in Somalia, including limited resources and skills as well as the restrictions sometimes imposed by authorities. The international community and local authorities should render every assistance to civil society in fulfilling its role with respect to the promotion and protection of human rights in Somalia. Further, the international community should reinforce its financial support and technical assistance to the Transitional Federal Parliament and the Transitional Federal Government, to ensure that human rights were thoroughly integrated into the institutions, frameworks and laws that were being forged. The Transitional Federal Parliament and the Transitional Federal Government were at a critical juncture, and the international community should do all it could to support its efforts and Somalia's dedicated civil society in the critical human rights work which should be carried out if peace and security were to prevail in Somalia.

General Debate on the Promotion and Protection of Human Rights

ALPHONSE BERNS (Luxembourg, on behalf European Union) said the Declaration on Human Rights Defenders affirmed that everyone had the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms. By adopting this Declaration, the international community paid tribute to the courage, commitment and significant contribution made by human rights defenders to this cause throughout the world, both at national and international levels. The European Union was particularly concerned by the continuing increase in reports of serious attacks on the rights of defenders, committed all over the world, and condemned the wide spectrum of harassment and intimidation, from defamation and arbitrary arrest to the physical violence to which human rights defenders were often subjected to.

The Special Representative's suggestions concerning better implementation of the Declaration merited close consideration and a vigorous response from the Commission. States should ensure that their domestic legislation complied with the Declaration, and should guarantee a favourable environment for the defence of internationally recognised human rights, and ensure that the judiciary and bodies responsible for applying those laws were trained. They should endeavour to put an end to impunity, bringing the perpetrators of human rights violations to justice in the framework of appropriate and proportional procedures. In this spirit, since the last session of the Commission, the Council of the European Union had adopted guidelines on human rights defenders, aimed to promote and encourage respect for the rights of defenders, and had proposed practical suggestions for enhancing the European Union's action in the context of its external policy on human rights. These guidelines repeated the European Union's support for the special procedures of the Commission, and it was committed to supporting them in their task.

LUIS VARELA QUIROS (Costa Rica) welcomed the adoption of the World Programme for Human Rights Education, adopted by the General Assembly last December, which was oriented towards primary and secondary education in its first phase. The Programme's approval, and the forthcoming adoption of the related Plan of Action, were largely the result of joint efforts by the Office of the High Commissioner for Human Rights, the United Nations Educational, Scientific and Cultural Organization (UNESCO), Governments and civil society to establish tools for human dignity. An active sponsor of resolutions on human rights education throughout the International Decade for Human Rights Education, Costa Rica remained fully convinced that education for human rights was integral throughout life, and should integrate the concept of the human being at its heart, teaching skills and values for the formation of values for human rights and fundamental freedoms, based on the dignity of the human being. It was to be hoped that all States would soon make implementation of the Programme a reality.

Also addressing the cross-cutting nature of human rights, in which persons, institutions, authorities, and States had, individually and collectively, at the national, regional and international levels, to work to follow-up the goals contained in the Charter of the United Nations, he said that, in many of the outcomes of international conferences and summits over the years, it had been underlined that the concepts of well-being and fulfilment should not be treated in isolation, but as interconnected with various other aspects of peoples' lives. The enjoyment of human rights was largely linked to the quality of the environment. Almost every issue had a planetary impact, and some human rights even depended upon the existence of a healthy environment. Costa Rica had made constant efforts to implement its commitment to a healthy environment.

FRANCISCO BARREIROS (Paraguay, also speaking on behalf of MERCOSUR and associated States), said MERCOSUR supported the decision of Argentina to submit a draft resolution to the Commission on the "right to truth". It was hoped that it would be adopted by consensus because of the noble objective it reflected with regard to thousands of persons who were claiming justice and to know the truth about the persons disappeared. The draft resolution reflected a solid basis and made reference to international instruments on human rights. The draft resolution was also based on solid arguments and approvals of the Human Rights Committee and the Working Group on enforced and involuntary disappearances, which had recognized the right of victims of human right violations to identify the perpetrators and the causes that led to these violations.

If adopted by the Commission, the resolution would enable thousands of victims and families of victims to know the fate of the victims, the circumstances of their disappearances, the origin of the violation of their human rights, and to identify the perpetrators of those serious violations. The resolution would elucidate the truth and would enable the establishment of committees and national mechanisms with the view to investigate the cases for the advantage of the victims and the families of the victims of human rights violations.

ANDREAS PFAFFERNOSCHKE (Germany) said there could be no doubt that the activities of business enterprises could have a huge impact on the enjoyment of human rights by all people. Securing the universal protection of human rights was primarily a task of Government, but the Universal Declaration of Human Rights required individuals and every organ of society, thus also the business community, to play their part in the promotion of respect for human rights. As globalization progressed, this responsibility assumed increasing practical relevance. Even under the conditions created by globalization, every State continued to bear the main responsibility for its own development and for ensuring protection of human rights.

However, companies, especially those operating on a transnational or even global scale, through their business contacts and investment decisions, and also as corporate citizens, were called upon to strive for the promotion and protection of human rights, environmental and social standards within their spheres of activity and influence. Defending fundamental freedoms, encouraging compliance with democratic procedures, promoting political and social justice and protecting the environment as the basis for political stability was also in their own interest. It was imperative to better understand the relationship between business and human rights. There was favour for the establishment of a Special Rapporteur of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, who should in the years to come undertake further work with the aim of deepening the common understanding of the responsibilities of transnational corporations and other business enterprises with regard to human rights, to better clarify standards of corporate responsibility and to document best practices.

ABDULWAHAB A. ATTAR (Saudi Arabia) said that the security and stability of a society depended largely upon the extent to which its laws guaranteed the protection and integrity of the individual and collective behaviour on the basis of justice and equality. Justice was the essence of universal welfare, which could only be achieved if people believed that no innocent person could be punished unjustly, and no guilty person could escape retribution. Legislation was essential to controlling the behaviour of individuals, and especially aggressive practices that could lead to criminal offences. Accordingly, legislation consistent with the nature of the offence minimized the commission of such offences by restraining the individual's tendency towards aggressive practices that could be prejudicial to the security of society. One of the reasons for the peace of mind enjoyed in Saudi society was that all members were aware of the limits they must not exceed, and understood that, if they stepped out of bounds, they would be punished with a legally-stipulated penalty intended to protect society.

Saudi society was governed by a set of legal regulations that controlled individual behaviour, curbed crime and guaranteed security and peace of mind for all members of society, without exception, he affirmed. Justice was indivisible, and its scales were always balanced to ensure that penalties were commensurate with the nature, gravity and consequences of the offence. God had conferred upon man the blessing of life, the preservation and safekeeping of which was an obligation in accordance with the letter and spirit of all divinely-revealed scriptures. The taking of innocent life constituted a crime against humanity, and laws that provided for retaliation against persons that had no compunction against taking innocent life constituted curbs that promoted the inviolable right to life in its most lofty form. They constituted a practical, effective and absolute guarantee of the security and integrity of society. Capital punishment had often been characterized as an human rights issue in the context of the convicted prisoner's right to life, without clear reference to the victim's equal right to life, or to the need for penalties that could deter acts of homicide. It would be inequitable to apply the right to life solely to the criminal, to the exclusion of the victim.

TIM CAUGHLEY (New Zealand, which also spoke on behalf of Andorra, Argentina, Austria, Belgium, Canada, Chile, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Guatemala, Iceland, Ireland, Luxembourg, Mexico, Netherlands, Norway, Portugal, Republic of Korea, Romania, Slovenia, Spain, Sweden, Switzerland, the United Kingdom, Uruguay and Venezuela). He said it had been 60 years since the Universal Declaration of Human Rights first set down that all human beings were equal in dignity, in rights and in freedoms, without distinction of any kind. Over the past decade, relevant United Nations human rights committees had all found that sexual orientation should be understood to be a status protected against discrimination. And, it had been two years since Brazil first tabled a draft resolution at the Commission seeking to condemn discrimination on the basis of sexual orientation. Regrettably, the Commission was not yet ready to address that resolution today.

The mounting evidence of serious human rights violations against individuals on the basis of their sexual orientation, reported by the human rights treaty bodies and the Commission's special procedures, could not be ignored. It was beyond any doubt that in all too many parts of the world, individuals were being deprived of their rights to life, to health and to freedom from torture and violence. Those human rights violations had been brought to the Commission's attention and it should respond. To remain silent was to condone some of the worst forms of discrimination. Sexual orientation was a fundamental aspect of every individual's identity and immutable part of self. It was contrary to human dignity to force individuals to change their sexual orientation, or to discriminate against them on that basis. And, it was repugnant for a State to tolerate violence against individuals.

SHERICH KHALAS (Qatar), said the implementation of human rights presupposed the existence of many factors including legal enforcement, quality of political commitment, availability of resources, civil society activism and the implementation of administrative, educational and other policies. Legal protection, often considered as the primary mechanism for implementing human rights, should be seen as part of wider implementation strategies. Accordingly, Qatar had devoted much effort and endeavour to human rights education programmes and to establishing and strengthening the culture of human rights in society. Numerous activities had been organised by the National Human Rights Commission.
Within the framework of the promotion and protection of human rights, a consultation meeting was held between the Qatari Ministry of Foreign Affairs and a senior delegation from the Office of the High Commissioner for Human Rights. The meeting discussed the practical and technical steps needed to be taken in order to ensure the speedy establishment of the United Nations Centre for Human Rights for Southwest Asia and the Arab Region, proposed to be hosted by Qatar, and with the main objective of contributing to the promotion and protection of human rights in Southwest Asia and the Arab Region, by providing training, documentation, information dissemination, studies and exchange of experiences. It was to be emphasised that any action to promote and protect human rights was inextricably linked to the promotion of democracy and development. This premise underlined the comprehensive reform policy adopted by the State of Qatar, which was an ongoing process that received both political commitment and popular support.

LI WEN (China) said the Secretary-General had stressed that development, security and human rights were inseparable and imperative, and that they reinforced each other. Indeed, the development of human rights marked the continuous progress of society and formed an important part of evolving trends of peace and development in the world. At the same time, safeguarding international peace and security, and promoting the common development of the international community, constituted the preconditions for protection and promotion of human rights. Without peace and security and development, the enjoyment of human rights could not be guaranteed. Sovereign States bore primary responsibility for promoting and protecting the human rights of their people, and in doing so, each State was entitled to choose its own road, in light of national conditions. The concept of human rights resulted from the political, economic, and cultural conditions of a given society, and it was therefore normal that differences existed on human rights issues between States. These differences should be resolved through dialogue, on the basis of equality and mutual respect. United Nations human rights programmes should be based on promoting international cooperation.

The Chinese Government had always attached great importance to the protection and promotion of human rights, she affirmed. Through developing the economy, strengthening democracy and the legal framework, and maintaining social stability, China had striven to enhance the people's enjoyment of various human rights. The principle of State respect and promotion of human rights had been enshrined in the Constitution, and the Government maintained the philosophy of governance for the people. Recalling last year's decision to seek views on a pre-draft Declaration of Human Rights and Human Responsibilities, he said that China fully supported the principle and spirit of the Declaration, but felt the Commission must not neglect the fundamental concept of man's responsibility towards society.

MARY WHELAN (Ireland) said the gravity of the situation facing human rights defenders was best illustrated by two key facts which had been highlighted in the report of the Special Rapporteur on Human Rights Defenders. The Special Rapporteur had received reports of the killing of 47 defenders in 2004. In the same time she had transmitted 34 per cent more communications than in the previous years. There was a growing trend to label some human rights defenders, particularly those upholding the rights of minorities, as terrorists and a threat to the State, thus leaving them vulnerable to abuse. That also often effectively restricted their ability to continue their work on behalf the minority groups they represented.

The abduction, issuing of death threats and killing of journalists were particularly flagrant attempts to suppress their freedom of expression, he added. Those actions, of course, were intended to dissuade others from voicing concerns about human rights situations. Ireland condemned those actions. Ireland welcomed the increased intentional attention given to the issue of human rights defenders as a result of the work of the Special Rapporteur and non-governmental organizations working in that area. Ireland would continue to focus on that area.

SHAVINDRA FERNANDO (Sri Lanka), said promoting and protecting human rights both nationally and internationally had been the policy of Sri Lanka based on its national ethos which derived from age-old traditions as well as a result of its modern commitment to democracy and freedom. Following independence from colonial rule, successive elected Governments had recognized that the promotion and protection of human rights were both a fundamental duty and a Constitutional obligation. The Constitution mandated that all organs of the Government should not only respect and secure fundamental rights guaranteed by the Constitution, but should also advance such rights.

Meaningful steps had been taken to enhance the freedom of expression, which had been identified as an important facet to foster a culture of transparency and greater accountability of public bodies for the benefit of civil society and to enhance confidence in the Government. Since the introduction of the universal franchise, successive Governments had been fully conscious of the importance that democracy should flourish, and regular elections had been held. Acts of terrorism that had prevailed for over two decades had been curtailed by a Ceasefire Agreement which came into force in 2002, facilitated by the Government of Norway. The people of Sri Lanka had been enjoying a peaceful environment throughout the country since then with many positive benefits in terms of human rights.

ELIZABETH JEANETTE WANJIRU MWANGI (Kenya) said that the Government of Kenya had ushered in a new political dispensation, following the historic multi-party elections of December 2002. The Ministry of Justice and Constitutional Affairs had been created with an express mandate on human rights policy, democratic governance, and ethics and integrity, including the fight against corruption. The Government had identified corruption as the principle structural bottleneck to the realization of human rights in the country, and Kenya, in addition to being the first country to ratify the Convention against Corruption, had adopted practical strategies to combat corruption in all spheres of life. Legal and institutional mechanisms aimed to reform the entire governance system including justice, law and order sector, with the purpose of promoting good governance, administration of justice and protection of human rights. A multi-sectoral steering committee was working to develop a national plan of action on human rights, which would provide a comprehensive programmatic strategy and framework for human rights protection and promotion in Kenya.

The country had taken pro-active measures to deal with impunity for human rights violations, she added. The Rome Statute of the International Criminal Court had been ratified, as had the protocol to the African Charter on Human and Peoples' Rights, which would establish the African Court on Human and Peoples' Rights. The Government was also considering ratifying the first protocol to the International Covenant on Civil and Political Rights, which allowed for the Human Rights Committee to hear individual complaints. Although the death penalty remained on the books, there had been a de facto moratorium on its use since 1987. She also noted that, in awarding Kenya's Assistant Minister for Environment the 2004 Nobel Peace Prize, the nexus between sustainable development, democracy, good governance and women's rights had been recognized.

SERGIO CERDA (Argentina) said the Government of Argentina endorsed the statements by Mexico, on behalf of GRULAC, and Paraguay, on behalf of MERCOSUR. Argentina also supported the report presented by the Independent Expert on the protection of human rights and fundamental freedoms in the fight against terrorism, particularly the recommendations in the strengthening of the protection of human rights; the international humanitarian laws related to the rights of refugees; and the establishing of permanent mechanisms. The delegation of Argentina expressed disagreement on the absence of an interactive dialogue with regard to item 17 on the promotion and protection of human rights. During the current session of the Commission, Argentina would submit a draft resolution on the right to truth. The draft was based on doctrines and court decisions with regard to enforced and involuntary disappearances. It would allow the process of truth and reconciliation. With regard to discrimination based on sexual orientation, Argentina endorsed the statement made by New Zealand.

JOSÉ ANTONIO GUEVARA (Mexico), said the Government of Mexico wished to express its thanks to the Independent Expert on the protection of human rights and fundamental freedoms in the fight against terrorism, Robert Goldman, for the submission of his report, in which he identified the existence of a lacunae in dealing with the fight against terrorism in the special procedures and the human rights treaty bodies. The Government also welcomed and fully supported the recommendation made by the Commission to appoint a Special Rapporteur with a mandate to analyze the efforts made by States in the fight against terrorism in the context of international human rights law and of international humanitarian law. It was important to recall that the Secretary-General and the High Commissioner had also recommended that the Commission create such a mandate.

DHARAR ABDUL-RAZZAK RAZZOOQI (Kuwait) said that, while all had recognized that international humanitarian law complemented international human rights law, there were loopholes in international humanitarian law. There was no mechanism to implement it, even in the face of gross violations. In the case of Kuwait, during the invasion of 1991, every norm of international humanitarian law had been violated by the regime of Saddam Hussein, but when Kuwait had approached the International Committee of the Red Cross, as the custodian of the Geneva Conventions, it had been unable to act to uphold international humanitarian law. There were prohibitions on the implementation of international humanitarian law, namely sovereignty. Some States believed in absolute State sovereignty, some felt it was not absolute. Kuwait was on the latter side because it felt that the norms of respect for human rights had been progressively accepted, and as members of the seven core international human rights treaties, the State had given up certain aspects of its national sovereignty. Thought must be given to strengthening international humanitarian law. How could genocide, crimes against humanity and war crimes be allowed to occur in impunity?

WEGGER STRØMMEN (Norway) said human rights defenders contributed to the promotion and protection of human rights and fundamental freedoms. They promoted justice, human dignity and the rule of law. They also provided a veil to victims in an environment of widespread human rights abuse. By doing so, they also enhanced international peace and security, and would help to combat terrorism at its very roots. One could not build peace and security without respect for human rights. Human rights defenders needed respect. They fought on a daily basis to uphold respect for human rights and were putting themselves and their families in danger and were faced with threats, harassment and human rights violations. Norway was concerned about the increase in the number of reports of serious human rights abuses against different groups of defenders and their relatives.

It was most encouraging that several Governments supported the mandate of the Special Representative of the Secretary-General on human rights defenders. That support should be translated into practical commitments and the Representative should be given access to and receive the full cooperation and support of all Governments.

MASRI KHADIJA (African Union) said it supported a specialized institution for the promotion and protection of human rights and peoples throughout the continent, and it cooperated closely with non-governmental organizations and inter-governmental organizations working in the field of human rights. Because of the problems encountered by human rights defenders during their work, initiatives had been taken on the international, regional and national levels in order to implement a protection framework in their regard. The nomination of a Special Rapporteur on the protection of human rights defenders was the concretization of the engagement of the Member States of the African Union on this topic.

The African Union adhered to the United Nations Declaration on Human Rights Defenders without reservations, and had named its own Special Rapporteur with the task of closely following the situation of human rights defenders and making regular reports. This Special Rapporteur cooperated closely with all partners, including other United Nations' special procedures, and the African Union wished for this fruitful cooperation to be reinforced, as these joint efforts would no doubt ensure a better protection of human rights defenders in Africa and on other continents.

ANDRZEJ SADOS (Poland) said there was no single, exhaustive definition of good governance. However, it had been widely recognized that good governance concerned effective institutions and rules, protecting human rights and promoting the widest possible participation in the institutions and rules that affected people's lives. It was also about achieving a more equitable distribution of economic and social goals, towards which all strove. The Commission had repeatedly recognized that transparent, responsible, accountable and participatory government, responsive to the needs of the people, was the foundation upon which good governance rested.

Combating corruption in the public and private sectors remained one of the most important tasks to achieve good governance, he said. Best practices should be shared, and the establishment of professional and adequately paid civil service and ethical conduct in the public sector should be promoted. Corruption must be penalized, and immunity ended. Transparency and incentives for civil society and media monitoring and awareness-raising must be developed. Democratic systems had procedures that allowed a society to control its authorities. The role of international cooperation, bilateral and multilateral, must not be underestimated in supporting national good governance practices.

BURHAN GAFOOR (Singapore), said the question needed to be asked as to why the credibility of the Commission had declined. There were many different explanations, but one fact was undeniable, the Commission had become a forum for some countries to impose their views on others. A good example was the annual resolution presented by the European Union on the death penalty. There was no international consensus on whether the death penalty was a violation of human rights, on the contrary, a large group of countries had always disassociated themselves from the European Union resolution, and in the clear absence of international agreement, countries on one side of the argument had no right to impose their views on others, as though their views were sacred and beyond argument.

Every country had the sovereign right to decide on its own criminal justice system. Whether to maintain or abolish the death penalty was a question of national choice. Each society had to judge what was best for its people according to its unique circumstances. Respect for human rights should include respect for differences in systems and practices; tolerance of diversity could not be restricted only to policies with which one agreed. For the Commission to regain its credibility, it should seek to become a more representative and unbiased body. It should not be a politicized forum for powerful countries to impose their beliefs and practices on a diverse world.

INGEBORG BREINES, of United Nations Educational, Scientific and Cultural Organization (UNESCO), said UNESCO's human rights education activities were based on various normative instruments adopted by it, and by the United Nations. From 1995 onwards, those activities had been placed within the framework of the United Nations Decade for Human Rights Education. UNESCO considered that human rights education was itself a human right within the framework of fulfilment of the right to education, which was a priority of the Millennium Declaration.

During the past year, UNESCO had worked actively for monitoring of normative instruments, in particular through the comments provided to the Committee on the Rights of the Child, she said, as well as to support the development of regional and national capacities with the implementation of projects in Member States. Other activities included the development of educational materials and publications on eliminating corporal punishment, and advocacy and networking through the organization of meetings and seminars. UNESCO had also worked closely with the Office of the High Commissioner for Human Rights to develop the plan of action for the first phase of the World Programme for Human Rights Education.

BOLAT BAIKADAMOV (Kazakhstan) said the delegation of Kazakhstan realized the importance of the process of awareness raising and understood that protection of human rights in many aspects depended on people being aware of their rights. Unfortunately, Kazakhstan was not involved in the implementation of the United Nations Decade for Human Rights Education at the level of special programmes and national action plans for human rights education as it was implemented in other countries.

In November 2004, the institution of the Ombudsman had organized a scientific and practical conference entitled "Human Rights Education in Kazakhstan: challenges and solutions". The conference participants had summarized the outcome for educational work in the country, identifying the main goals and objectives for the next period and had drafted recommendations. The participants had recommended, among other things, to establish under the Commissioner for Human Rights a specialized structure – the Centre for Human Rights Education as well as an Expert and Consultative Council.

AZZAM ALAMEDDIN (Jordan) said terrorism had struck innocent people everywhere, regardless of their religion, race or ethnicity. This had been the nature of this indiscriminate, global threat, which had brought the world together in a united stance to combat it. What was worrying, however, was that whilst the campaign against terrorism had succeeded in stifling this dangerous phenomenon, it recurrently failed to protect human rights and guard fundamental freedoms. Jordan had been among the leading countries to condemn terrorism, regardless of who committed it and for what purpose, and had also played an active role in the international community's efforts to combat terrorism. However, Jordan upheld the two principles that all attempts to link terrorism with any particular religion should be rejected, and that resistance against foreign occupation and the struggle for self-determination should not be viewed or regarded as terrorism.

In Jordan, capital punishment was invoked in cases of certain grave crimes against individuals or crimes that seriously endangered public security. Impunity mostly took place in countries ruled by authoritarian Governments or in territories under foreign occupation. If the spotlight were to focus on non-democratic States and the violations of human rights they committed against their own citizens, then one would acknowledge the suffering of the Palestinian people who not only lived under foreign occupation, but were also subjected to continuous violations of human rights. The rights of such people also needed to be protected.

JEAN-DANIEL VIGNY (Switzerland) said there was no way to justify the death penalty, which inevitably led to the execution of innocent victims. Those countries that had adopted moratoriums on capital punishment should keep them, and those that had broken them should reinstate them. Switzerland welcomed the decision handed down by the United States Supreme Court to ban the execution of minors, and called upon China and Iran to give up the practice without delay.

Switzerland was also concerned about the fresh outbreak of attacks on the physical integrity of human rights defenders, he said, noting that, in many cases, the authorities often failed in their duty to protect human rights defenders. He welcomed the updating of principles to fight impunity as one of the major steps forward at this session of the Commission, and said that all States should take them into consideration in legislation and practice. Justice during periods of transition was a complex issue for which it was important to elaborate international norms and standards. Justice, peace, democracy and respect for human rights were mutually reinforcing, and the United Nations should be given the resources necessary to integrate their different dimensions in all its strategic activities.

DUMITRU CROITOR (Moldova) said Moldova had constantly been promoting and implementing the principles envisaged in the Universal Declaration of Human Rights. The Constitution guaranteed to all citizens, foreigners and stateless persons the respect for rights and freedoms foreseen by it. The State guaranteed to all political parties, organizations, political and social movements, equal rights in performing their activities. The State also guaranteed to all citizens the freedom of expression of their social, economic, cultural and political rights. The ongoing legislative reform in the country would contribute to the gradual elimination of all disparities existing between national legislation and international legislation in the field of human rights. The adopted National Human Rights Action Plan for the period of 2004 to 2008 was being successfully implemented in almost all parts of the country.

Moldova, from the first days of proclaiming its independence, had stood for the respect and protection of fundamental human rights and values. Unfortunately, for more than a decade those principles had been constantly violated in the eastern districts of Moldova, an area that was under the control of a separatist regime.

WITCHU VEJJAJIVA (Thailand) said Thailand was unwavering in its commitment to the promotion and protection of human rights at the national, regional and global levels, and attached great importance to international human rights instruments. While ratification of core international instruments was essential, it was by no means an end in itself, and as the Secretary-General had said, human rights should start at home. Thailand would continue to work in this direction, and would continue to do more to strengthen its human rights promotion and protection systems. At the same time, the most effective approach for the United Nations and the international community to advance the respect for human rights was through a process of sincere dialogue and constructive cooperation aiming at strengthening national capacity. If taken on the basis of understanding particularities and local challenges, such an approach would stand a chance of nurturing human rights culture and allowing it to take firm roots in every society.

The Government was also committed to support human rights defenders and the work of the United Nations in this area. Despite all efforts, Thailand fully realized that human rights promotion and protection was an ongoing task, always with room for possible improvement, and the Government would continue to do more in the area of human rights education, as this was fundamental in making people aware of their rights and others. Finally, the Government wished to reiterate its commitment to uphold the rule of law justly and fairly and to ensure, at its best, the promotion and protection of the rights of all individuals in the country.

FEDERICA BIGI (San Marino) said that the death penalty was incompatible with the raison d'etre of human rights. San Marino had abolished capital punishment in 1865, and supported the universal abolition of the death penalty. The country supported all initiatives to that end, and encouraged States to ratify international and regional instruments that excluded the death penalty. It was to be hoped that the international community could adopt an ad hoc international moratorium on the death penalty. San Marino welcomed the de facto elimination of capital punishment for certain categories of people, including minors, pregnant women, mothers with young children, and persons with mental disabilities. Also noting that countries that maintained capital punishment had often introduced limitations reducing its application to the most serious crimes, he said that an international moratorium would constitute an important step forward in the progressive elimination of capital punishment. The majority of countries had decided that the maintenance of capital punishment was not socially useful, which was encouraging. Despite this progress, many judicial decisions were handed down each year that risked committing irreparable judicial errors.

Right of Reply

OMER BERZINJI (Iraq), speaking in a right of reply, said the World Union for Progressive Judaism had asked the Government of Iraq to turn to the past, but it would have been better to ask it to turn to the present, a present that contained democracy and all ethnic and religious groups. The country had suffered under the past regime, and the past was therefore painful for Iraq. Instead of congratulating Iraq on its successful elections, the non-governmental organization had caused pain. The suggestion of the non-governmental organization was not helpful, as the path to reconciliation was turning to the future. It was hoped that democracy would prevail in all countries of the region in order for peace to prevail.

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For use of information only; not an official record