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COMMISSION ON HUMAN RIGHTS ENDS SECOND DAY OF HIGH-LEVEL SEGMENT
15 March 2005
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Commission on Human Rights
AFTERNOON
15 March 2005
Hears from Dignitaries from Brazil, Nepal,
Saudi Arabia, Sweden, Latvia, South Africa,
Croatia, Italy and Burkina Faso
The Commission on Human Rights concluded the second day of its high-level segment this afternoon after hearing from dignitaries from Brazil, Nepal, Saudi Arabia, Sweden, Latvia, South Africa, Croatia, Italy and Burkina Faso.
The speakers addressed, among other things, issues pertaining to the reform of the Commission, national human rights policies and practices, and social inequalities.
Nilmario Miranda, Minister and Special Secretary for Human Rights of Brazil, said the Brazilian Government had been implementing a political programme for the implementation of human rights for all of Brazil’s citizens in conjunction with civil society. The Brazilian President’s initiative to eradicate hunger remained a priority, and Brazil also continued to work for the realization of other economic, social and cultural rights.
Ramesh Nath Pandey, Minister for Foreign Affairs of Nepal, said the effective implementation of Nepal’s human rights commitments would depend on its ability to effectively put down the insurgency in its territory and restore peace and security in the country. The larger threat of terrorism on the enjoyment of human rights should not escape from the attention of the international community.
Nizar Obaid Madani, Assistant Minister for Foreign Affairs of Saudi Arabia, stated that respect for human rights constituted a fundamental component of the policy of the Government of Saudi Arabia. The greatest challenge at the present time was that of terrorism, and combating that scourge had become a goal of the new international order. As a target of indiscriminate terrorism, Saudi Arabia had denounced, condemned and deplored terrorism in all its forms.
Laila Freivalds, Minister for Foreign Affairs of Sweden, said xenophobia and racial and ethnic discrimination had for too long and too often hindered development and peace. The empowerment of women and the promotion of gender equality was not only essential in order to fulfil a global vision of equality in dignity and rights, but it was crucial for the eradication of poverty and the international community’s ability to meet the Millennium Development Goals.
Artis Pabriks, Minister for Foreign Affairs of Latvia, noted that the Commission was the only body within the Economic and Social Council that had been mentioned in the report of the High-Level Panel on Threats, Challenges and Change. Before starting extensive discussion about the composition of the body, its place in the current legal and institutional framework of the United Nations must be assessed.
Brigitte Mabandla, Minister of Justice and Constitutional Development of South Africa, said the Commission, perhaps more than ever before, faced serious questions about its role, especially in the manner in which it responded to global human rights challenges. The Commission should continuously seek constructive strategies in collaboration with partners requiring assistance to improve their human rights situations.
Jadranka Kosor, Deputy Prime Minister of Croatia, said that all measures for reform of the Commission on Human Rights should be carefully elaborated to strengthen the body’s role as a principal intergovernmental body of the United Nations for the protection and promotion of human rights. Similarly, proposals to reform of the treaty body system should serve to strengthen the whole United Nations human rights system.
Margherita Boniver, State Minister for Foreign Affairs of Italy, expressed Italy's view that the promotion of democracy and respect for fundamental freedoms created the conditions for peace, security and prosperity. Italy also believed that there was a need to link both these issues in everyday language, and to speak simultaneously of promoting both democracy and human rights.
Monique Ilboudo, Minister for Promotion of Human rights of Burkina Faso, said poverty and extreme poverty today were still the daily reality of millions of human beings on this planet with their concomitant injustices, exclusions, privations and inequalities. This poverty compromised fundamental human rights and ignored the dignity of individuals and families.
Turkey, Algeria, the United Kingdom and Morocco exercised their right of reply.
When the Commission meets at 10 a.m. on Wednesday, 16 March, it will continue with its high-level segment and is expected to hear addresses by the Minister for Foreign Affairs of Venezuela, the Minister for Presidential Affairs and Public Administration of Botswana, the Vice President of Guatemala, the Minister of Governance and Justice of Honduras, the President of the International Committee of the Red Cross, the Assistant Minister for Foreign Affairs of Viet Nam, the Minister for Foreign Affairs of Cuba, the Parliamentary Secretary for Foreign Affairs of Japan, the Deputy Minister for Foreign Affairs of Greece, the Minister for Foreign Affairs of Belarus, the Minister for International Human Rights of the United Kingdom, and the Vice President of Colombia.
Statements
NILMARIO MIRANDA, Minister and Special Secretary for Human Rights of Brazil, said the Brazilian Government had been implementing a political programme for the implementation of human rights for all of Brazil’s citizens, in conjunction with civil society. Recalling that standards and consensus-based guidelines had been established over the past decade during the cycle of international summits and conferences, he regretted the shortfalls seen in some areas, especially with regard to the follow-up to the Durban World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance. There had also been excesses in the fight against terrorism; for example, the detention of individuals for extended periods of time, without respect for their right to due process. Thus, Brazil came to this Commission to ensure the increasing relevance of its work, although it remained disturbed by the excessive degree of selectivity and politicization demonstrated in the assessment of human rights situations in specific countries.
The drawing up of a global human rights report would make an appropriate contribution to increase respect for and monitoring of human rights, Mr. Miranda said. It would reaffirm the principles of universality and non-selectivity, without eliminating the possibility that country-specific resolutions could be tabled. Therefore, the Commission should adopt a clear position with regard to the proposed global report. Other international priorities must include attainment of the Millennium Development Goals, strengthening of the United Nations system, and strengthening relations between developed and developing countries, as well as between developing countries themselves.
Turning to regional cooperation, Mr. Miranda cited the importance of MERCOSUR’s recent initiative to bring senior-level human rights authorities together to strengthen their individual mandates to promote human rights. Among the regional organization’s chief priorities was to ensure the right to truth, particularly with respect to the periods of military dictatorships that had occurred in many member countries. Additionally, at the national level, the Brazilian President’s initiative to eradicate hunger remained a priority, and the country continued to work for the realization of other economic, social and cultural rights. Programmes to train the national police and to increase monitoring of their activities had also been established, as had a programme to protect human rights defenders, among others.
RAMESH NATH PANDEY, Minister for Foreign Affairs of Nepal, drew the Commission’s attention to the escalating violence and the indiscriminate terrorist atrocities perpetrated by the insurgents in Nepal over the past nine years that had seriously undermined the basic rights of the Nepalese people. The terrorist violence had taken such a heavy toll that the right to life and security had been gravely endangered. The brutal attacks and the savagery inflicted by the terrorists on the innocent civilian population had no parallel in the history of Nepal. Those atrocities and systematic human rights violations by the terrorists were unprecedented in a nation known in the world for peace, tolerance and harmony. The magnitude and the gravity of the threat posed by the insurgency were too great for the nation to ignore.
Nepal had pronounced its firm commitment to implement its human rights obligations and reiterated its commitment and the continuation of the progress made since last year. That affirmation symbolized Nepal’s deep faith and commitment to its international obligations and reflected the efforts to augment its own national legal and institutional capacities for their effective implementation. In that regard, the Government had undertaken various measures to strengthen institutional mechanisms to implement its commitments. In order to give further momentum to the monitoring of human rights in a coordinated and effective manner, His Majesty’s Government was putting in place an institutional mechanism of a high-level human rights protection committee.
The effective implementation of Nepal’s commitments would depend on its ability to effectively put down the insurgency and restore peace and security in the country. Nepal appealed for greater international understanding and solidarity. The larger threat of terrorism on the enjoyment of human rights should not escape from the attention of the international community.
NIZAR OBAID MADANI, Assistant Minister for Foreign Affairs of Saudi Arabia, stated that respect for human rights constituted a fundamental component of the policy of Saudi Arabia. The National Human Rights Commission continued to play the role of helping to protect and to develop human rights concepts in a fully independent and transparent manner, and its activities to monitor conditions in prisons and reform institutions had recently been expanded to ensure that the rights of prisoners and accused persons were respected. Other initiatives included the promulgation of the "Basic Law", the institution of a national dialogue among all segments of society, and the broadening of membership in the Consultative Council, whose competence had been extended to include the review and development of laws and regulations. A process of municipal elections had also begun. Mr. Madani drew attention to an official statement from the Government of Saudi Arabia affirming that there was nothing to prevent Saudi women from participating in future elections. Furthermore, Saudi Arabia’s education reforms had produced a new generation of highly educated, trained and knowledgeable women, who were now taking their proper place in society.
The international community faced tremendous challenges in many fields linked to the relationship between the individual and society, and to the relationship between governments and the governed, Mr. Madani said. The greatest challenge at the present time was that of terrorism, and combating that scourge had become a goal of the new international order. As a target of indiscriminate terrorism, Saudi Arabia had denounced, condemned and deplored terrorism in all its forms, and had affirmed its determination to eradicate the scourge. All States should work to deprive terrorists of safe refuge, and to emphasize that any attempt to associate terrorism with any religion would only strengthen the position of the extremists. He also emphasized that the war against terrorism should not be used as a pretext for violations of the rights of individuals, groups, nations, or States.
No modernization or development programme could succeed in the absence of a suitable environment, including enjoyment of security, stability and peace, Mr. Madani added. Of all the regions in the world, the Middle East suffered most from the lack of those characteristics, due to the ongoing Israeli occupation of Palestinian and Arab territories. Saudi Arabia hoped that the recent efforts to revive the peace process would lead to the implementation of the Arab peace initiative – proposed by Saudi Arabia – and the reactivation of the Road Map peace plan. He noted that Iraq still required international cooperation and support to establish security, achieve stability and consolidate its sovereignty and territorial integrity.
LAILA FREIVALDS, Minister for Foreign Affairs of Sweden, said xenophobia and racial and ethnic discrimination had for too long and too often hindered development and peace for both individuals and societies. In a climate of insecurity, xenophobia and fear of the unknown easily took hold of the international community. Those were however, irrational – and irresponsible – answers to complex problems and should not be allowed to prevail. Only through the respect for human rights for all and working for a common global vision that individuals were equal in dignity and rights, might long-term solutions be found to social and political problems – and thus increase security. If racism and xenophobia were not properly tackled, the danger of such elements being used for various political goals would remain high. Conflicts fuelled by ethnic or racial hatred would become fierce, and atrocities – even genocide – might be the result. Prevention was key to success, and one needed to be better at identifying indicators of racism and ethnic intolerance, which might develop into grave human rights violations and conflict.
At least half of the world’s population was made up of women. Women carried a substantive part of society’s responsibilities and duties, but far too often they were deprived of the enjoyment of human rights and democratic powers. Women all over the world were victims of violence which affected their everyday life. Violence committed against women in the name of honour continued to threaten the health and even lives of women and girls around the world. The widespread recourse to sexual violence as a means of warfare was a frightening example of the most severe violations of the human rights and the dignity of women and young girls. To buy and sell a human being was a grave breach against the dignity and rights of that person. Yet trafficking of human beings was an increasing and prosperous trade today.
The empowerment of women and promotion of gender equality was not only essential in order to fulfil a global vision of equality in dignity and rights, but it was crucial for the eradication of poverty and the international community’s ability to meet the Millennium Development Goals. It was truly time for women and men in all States to act together to stop all forms of violence and discrimination against women.
ARTIS PABRIKS, Minister for Foreign Affairs of Latvia, noted that the Commission was the only body within the Economic and Social Council that had been mentioned in the report of the High-Level Panel on Threats, Challenges and Change, and said that, before starting extensive discussion about the composition of the body, its place in the current legal and institutional framework of the United Nations must be assessed. Latvia believed that a country’s human rights record played a minor role in its election to the Commission. Latvia intended to introduce a draft resolution during the Commission which would contain proposals to improve the functioning of the Sub-commission on the Promotion and Protection of Human Rights.
Welcoming the activities of the Office of the High Commissioner for Human Rights to coordinate the work of treaty bodies and technical assistance programmes, as well as the efforts of the Commission’s special mechanisms, Mr. Pabriks stressed that such coordination would both increase the effective use of the Office’s resources and provide significant practical assistance to countries themselves. The periodic examination of State parties’ reports by human rights treaty bodies remained one of the most valuable tools of the Commission; however, it must be recognized that the failure of many States to honour their reporting obligations, as well as the delays and backlogs in the work of various committees, posed difficulties.
In Latvia, different national, ethnic and religious groups had coexisted peacefully throughout the centuries. Last summer, the Government had adopted a National Programme for the Promotion of Tolerance which aimed to address various forms of intolerance, including anti-Semitism. The programme included education, public awareness raising, research and monitoring, and strengthening national anti-discrimination legislation. The issue of anti-Semitism deserved attention and Latvia would support initiatives to combat this form of intolerance. In that vein, the establishment of the post of Personal Representative of the Chairman of the Organization for Security and Cooperation in Europe for anti-Semitism was critical.
BRIGITTE MABANDLA, Minister of Justice and Constitutional Development of South Africa, said the Commission, perhaps more than ever before, faced serious questions about its role, especially in the manner in which it responded to global human rights challenges. The fact that the Commission had not been able to unite behind its stated mandate had constrained its ability to respond effectively to global human rights challenges. The mandate of the Commission was a positive one which called on all to respond constructively to human rights situations by assisting States to create internal capacities to promote and protect as well as ensure the elimination of their violations. Consistent with this mandate, the Commission should continuously seek constructive strategies in collaboration with those partners requiring assistance to improve their human rights situations.
A form of selectivity that was found to be problematic was the emergence of false impressions that human rights were violated only in developing countries. Since the last session of the Commission, appalling scenes of torture with impunity had been witnessed, as had cases of arbitrary detentions. These wrongful acts should not go unpunished, and required the Commission to respond in a manner that ensured the collective responsibility to protect the victims of human rights violations. The Commission should demonstrate commitment to the priority issues within its mandate such as the global drive for the total elimination of racism, racial discrimination, xenophobia and related intolerance.
For South Africa, human rights could only be affirmed in their practical enjoyment. This was why South Africa fully supported the project to elaborate an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The reform of the United Nations, culminating in the Millennium Review Summit, had galvanized the international community with the United Nations playing a central role to come up with strategies and an action-oriented agenda to effectively deal with the problems facing all. To this end, all should strive together to make poverty history in the affairs of mankind. The best place to deal with problems of human rights violations in a transparent, fair and equitable way was in the Commission.
JADRANKA KOSOR, Deputy Prime Minister of Croatia, said that all measures for reform of the Commission on Human Rights should be carefully elaborated to strengthen the body’s role as a principal intergovernmental body of the United Nations for the protection and promotion of human rights. Similarly, proposals to reform the treaty body system should serve to strengthen the whole system and make it more efficient in terms of implementation at the national level. Having recently ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Croatia also supported the elaboration of an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights concerning the establishment of a communications procedure.
Among its national priorities, Croatia had resolved to actively combat the phenomenon of trafficking in human beings, for which close cooperation and coordination at the regional and global levels would be necessary. Nationally, the country had strengthened its legislative framework for the prosecution of perpetrators of this crime, while the Criminal Proceedings Law, Juvenile Courts Law, Witness Protection Law, and Law on Foreigners provided a legal framework for the protection of victims. Moreover, a new national strategy to prevent human trafficking had been enacted which focused on the legislative framework, assistance to and protection of victims, prevention, education, international cooperation and coordination of activities.
The Government also remained committed to full cooperation with the International Criminal Tribunal for the former Yugoslavia, and to the resolution of the problems of missing persons, the return of refugees and displaced persons, and to other human rights and humanitarian issues connected with post-war recovery. Other issues of concern included promotion of gender equality and combating domestic violence, support for children’s rights, support for the rights of disabled persons, and support for migrants’ rights. Among other initiatives, the Government had adopted a National Programme of Activities for the Prevention of Violence among Children, the Protocol of Proceedings in Cases of Violence among Children, and the National Programme for Roma.
MARGHERITA BONIVER, State Minister for Foreign Affairs of Italy, said since last year’s meeting, the international scenario had undergone radical changes, not all of which were positive. The international community was once again being called upon to question the effectiveness of the instruments at its disposal to pre-empt and to redress great humanitarian disasters. Public opinion would judge the Commission by its determination to bring those guilty to justice.
Ancient cultures with a glorious history were now reaching out to the values of democracy, and countries that had been thrown into turmoil by war and dictatorship were now winning back peace and freedom for their people. The promotion of democracy and respect for fundamental freedoms created the conditions for peace, security and prosperity. There was a need to link both these issues in everyday language, and to speak simultaneously of promoting both democracy and human rights.
The fact that democracy had moved forward in some parts of the world should not, however, divert the focus from situations which were still characterised by gross violations of fundamental rights. The use of torture and inhuman and degrading treatment still remained one of the most serious and aberrant forms of human rights violations, very often as a result of entirely arbitrary policies and conduct. The capacity to prevent and pre-empt such practices should be one of the parameters by which to judge governments. It should be reaffirmed that preventing and combating terrorism should be pursued tirelessly and intransigently, but this fight could never justify suspending the implementation of the rule of law and the exercise of the fundamental rights.
MONIQUE ILBOUDO, Minister for Promotion of Human Rights of Burkina Faso, said poverty and extreme poverty today were still the daily reality for millions of human beings on this planet with their concomitant injustices, exclusions, deprivations and inequalities. This poverty compromised fundamental human rights and ignored the dignity of individuals and families. In as such, it was a threat for the political, economic and social stability of States. There was therefore a need for more justice and more solidarity as well as a more equitable cooperation between States for a more universal sharing of the richness of humanity in order to face those immense needs, which no State could satisfy alone. This solidarity should also be demonstrated by bridging the "digital divide".
The present session of the Commission was taking place in an international context that was marked by a period of calm in certain armed conflicts, and an advance in the search for peace in other conflicts, such as in Sudan. This progress was a comfort, and incited all to persevere in the search for solutions for a durable peace in the world. Peace was the primary condition for the respect and promotion of human rights. Furthermore, tolerance was the keystone for human rights, for religious and cultural pluralism, for democracy and the rule of law and social peace.
The reform of the United Nations system would no doubt reinforce the usefulness of the Commission. The reform of the Commission’s membership was justified, even if such an extension necessarily implied other reforms. The extension of membership to all Member States of the United Nations would require further reflection. The Commission was the lighthouse of the United Nations; it should shed light on all actors, without taking part, but without being complacent either. It should remind all States of their responsibilities, both individual and collective, in the face of violations of human rights. It should constantly provide reminders of the principles of universality, inalienability and indivisibility of human rights. Moreover, it should constantly remind the international community that only such a base could give rise to a free, just and peaceful international society, where each could live in dignity.
Rights of Reply
TURKEKUL KURTTEKIN (Turkey), speaking in a right of reply, referred to the speech of Armenia during the morning meeting in which the distinguished Foreign Minister made a reference to a fictional genocide. The tragic events of 1915 were the tragic results of a World War where all sides suffered terribly due to the war conditions, harsh climatic conditions and mutual inter-communal atrocities. Turkey did not wish to denigrate the suffering of the Armenians nor belittle their feelings of loss, but one should not gloss over the fact that no less than two million Turks also perished under similar conditions. Genocide was a legal term which could not be used casually. The events of 1915 could never be defined as genocide. Armenia was still haunted by a distorted version of history, and should not expect the world to keep a closed eye to its occupation of 20 percent of Azerbaijan's territories, or to its non-recognition of the border with Turkey.
LAZHAR SOUALEM (Algeria), speaking in a right of reply, said the issue of Moroccans detained by the Polisario, as mentioned in the speech made earlier by Morocco, could not be separated from the issue of the decolonization of the last territory under foreign occupation. Without delving into the historical details of this issue, currently under consideration by the Security Council, he wished to remind the Commission of Morocco’s refusal of the offer of Polisario made in the 1980s to receive prisoners through the Red Cross. The international community should decide for itself on the issue.
NICHOLAS THORNE (United Kingdom), speaking in exercise of a right of reply, recalled the earlier statement by the Organization of the Islamic Conference which had stated bluntly that the United Kingdom had no laws to prevent discrimination on religious grounds against Muslims, whereas there were laws to prevent discrimination against Sikhs and Jews in employment and social services, health and other areas. There had long been laws in the country to prevent discrimination on racial grounds against members of all ethnic minorities, in employment and the areas of social policy mentioned, and the United Kingdom had some of the most progressive legislation in the world aimed at preventing and prosecuting incitement to hatred and violence on racial grounds. It was correct that Jews and Sikhs had been defined, by virtue of the common law system, as ethnic groups in the interpretation of this legislation, while Muslims and Christians had not been interpreted as ethnic groups. However, the Government was seeking to enact legislation to ensure that all religious groups were subject to equal protection from discrimination and incitement to hatred or violence.
OMAR HILALE (Morocco), speaking in a right of reply in response to a right of reply made by the Representative of Algeria, said the statement was disappointing. The prisoners remained in the territory of Algeria. The Commission on the situation of prisoners had not yet completed its work. Morocco called on Algeria to release all prisoners detained by the Polisario in its territories. Once the Moroccan prisoners were released, there would be no talk of prisoners.
LAZHAR SOUALEM (Algeria), speaking in a second right of reply in response to Morocco, stated that Algeria was a land of asylum for those who had fled a situation and were looking for assistance. A city in Algeria had been mentioned, and this was why it was necessary to respond. The Moroccan side had had contact with the Polisario in New York, and this was therefore not just a bilateral problem; Morocco should read all the reports published by the United Nations.
OMAR HILALE (Morocco), speaking in a second right of reply, said that for the time being, Algeria continued to be the territory in which hundreds of detainees from Morocco were located. Hundreds of television stations around the world had shown the Moroccan detainees, as well as demonstrations for their freedom. All Morocco was asking for was that Algeria free the detainees, and open the camps in which so many Moroccans of Sahrawi origin were being held. There were independent reports that showed that Moroccan detainees were being held and tortured by Algerian military personnel, and the name Tindouf would always be associated with this tragedy.
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For use of the information media; not an official record
AFTERNOON
15 March 2005
Hears from Dignitaries from Brazil, Nepal,
Saudi Arabia, Sweden, Latvia, South Africa,
Croatia, Italy and Burkina Faso
The Commission on Human Rights concluded the second day of its high-level segment this afternoon after hearing from dignitaries from Brazil, Nepal, Saudi Arabia, Sweden, Latvia, South Africa, Croatia, Italy and Burkina Faso.
The speakers addressed, among other things, issues pertaining to the reform of the Commission, national human rights policies and practices, and social inequalities.
Nilmario Miranda, Minister and Special Secretary for Human Rights of Brazil, said the Brazilian Government had been implementing a political programme for the implementation of human rights for all of Brazil’s citizens in conjunction with civil society. The Brazilian President’s initiative to eradicate hunger remained a priority, and Brazil also continued to work for the realization of other economic, social and cultural rights.
Ramesh Nath Pandey, Minister for Foreign Affairs of Nepal, said the effective implementation of Nepal’s human rights commitments would depend on its ability to effectively put down the insurgency in its territory and restore peace and security in the country. The larger threat of terrorism on the enjoyment of human rights should not escape from the attention of the international community.
Nizar Obaid Madani, Assistant Minister for Foreign Affairs of Saudi Arabia, stated that respect for human rights constituted a fundamental component of the policy of the Government of Saudi Arabia. The greatest challenge at the present time was that of terrorism, and combating that scourge had become a goal of the new international order. As a target of indiscriminate terrorism, Saudi Arabia had denounced, condemned and deplored terrorism in all its forms.
Laila Freivalds, Minister for Foreign Affairs of Sweden, said xenophobia and racial and ethnic discrimination had for too long and too often hindered development and peace. The empowerment of women and the promotion of gender equality was not only essential in order to fulfil a global vision of equality in dignity and rights, but it was crucial for the eradication of poverty and the international community’s ability to meet the Millennium Development Goals.
Artis Pabriks, Minister for Foreign Affairs of Latvia, noted that the Commission was the only body within the Economic and Social Council that had been mentioned in the report of the High-Level Panel on Threats, Challenges and Change. Before starting extensive discussion about the composition of the body, its place in the current legal and institutional framework of the United Nations must be assessed.
Brigitte Mabandla, Minister of Justice and Constitutional Development of South Africa, said the Commission, perhaps more than ever before, faced serious questions about its role, especially in the manner in which it responded to global human rights challenges. The Commission should continuously seek constructive strategies in collaboration with partners requiring assistance to improve their human rights situations.
Jadranka Kosor, Deputy Prime Minister of Croatia, said that all measures for reform of the Commission on Human Rights should be carefully elaborated to strengthen the body’s role as a principal intergovernmental body of the United Nations for the protection and promotion of human rights. Similarly, proposals to reform of the treaty body system should serve to strengthen the whole United Nations human rights system.
Margherita Boniver, State Minister for Foreign Affairs of Italy, expressed Italy's view that the promotion of democracy and respect for fundamental freedoms created the conditions for peace, security and prosperity. Italy also believed that there was a need to link both these issues in everyday language, and to speak simultaneously of promoting both democracy and human rights.
Monique Ilboudo, Minister for Promotion of Human rights of Burkina Faso, said poverty and extreme poverty today were still the daily reality of millions of human beings on this planet with their concomitant injustices, exclusions, privations and inequalities. This poverty compromised fundamental human rights and ignored the dignity of individuals and families.
Turkey, Algeria, the United Kingdom and Morocco exercised their right of reply.
When the Commission meets at 10 a.m. on Wednesday, 16 March, it will continue with its high-level segment and is expected to hear addresses by the Minister for Foreign Affairs of Venezuela, the Minister for Presidential Affairs and Public Administration of Botswana, the Vice President of Guatemala, the Minister of Governance and Justice of Honduras, the President of the International Committee of the Red Cross, the Assistant Minister for Foreign Affairs of Viet Nam, the Minister for Foreign Affairs of Cuba, the Parliamentary Secretary for Foreign Affairs of Japan, the Deputy Minister for Foreign Affairs of Greece, the Minister for Foreign Affairs of Belarus, the Minister for International Human Rights of the United Kingdom, and the Vice President of Colombia.
Statements
NILMARIO MIRANDA, Minister and Special Secretary for Human Rights of Brazil, said the Brazilian Government had been implementing a political programme for the implementation of human rights for all of Brazil’s citizens, in conjunction with civil society. Recalling that standards and consensus-based guidelines had been established over the past decade during the cycle of international summits and conferences, he regretted the shortfalls seen in some areas, especially with regard to the follow-up to the Durban World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance. There had also been excesses in the fight against terrorism; for example, the detention of individuals for extended periods of time, without respect for their right to due process. Thus, Brazil came to this Commission to ensure the increasing relevance of its work, although it remained disturbed by the excessive degree of selectivity and politicization demonstrated in the assessment of human rights situations in specific countries.
The drawing up of a global human rights report would make an appropriate contribution to increase respect for and monitoring of human rights, Mr. Miranda said. It would reaffirm the principles of universality and non-selectivity, without eliminating the possibility that country-specific resolutions could be tabled. Therefore, the Commission should adopt a clear position with regard to the proposed global report. Other international priorities must include attainment of the Millennium Development Goals, strengthening of the United Nations system, and strengthening relations between developed and developing countries, as well as between developing countries themselves.
Turning to regional cooperation, Mr. Miranda cited the importance of MERCOSUR’s recent initiative to bring senior-level human rights authorities together to strengthen their individual mandates to promote human rights. Among the regional organization’s chief priorities was to ensure the right to truth, particularly with respect to the periods of military dictatorships that had occurred in many member countries. Additionally, at the national level, the Brazilian President’s initiative to eradicate hunger remained a priority, and the country continued to work for the realization of other economic, social and cultural rights. Programmes to train the national police and to increase monitoring of their activities had also been established, as had a programme to protect human rights defenders, among others.
RAMESH NATH PANDEY, Minister for Foreign Affairs of Nepal, drew the Commission’s attention to the escalating violence and the indiscriminate terrorist atrocities perpetrated by the insurgents in Nepal over the past nine years that had seriously undermined the basic rights of the Nepalese people. The terrorist violence had taken such a heavy toll that the right to life and security had been gravely endangered. The brutal attacks and the savagery inflicted by the terrorists on the innocent civilian population had no parallel in the history of Nepal. Those atrocities and systematic human rights violations by the terrorists were unprecedented in a nation known in the world for peace, tolerance and harmony. The magnitude and the gravity of the threat posed by the insurgency were too great for the nation to ignore.
Nepal had pronounced its firm commitment to implement its human rights obligations and reiterated its commitment and the continuation of the progress made since last year. That affirmation symbolized Nepal’s deep faith and commitment to its international obligations and reflected the efforts to augment its own national legal and institutional capacities for their effective implementation. In that regard, the Government had undertaken various measures to strengthen institutional mechanisms to implement its commitments. In order to give further momentum to the monitoring of human rights in a coordinated and effective manner, His Majesty’s Government was putting in place an institutional mechanism of a high-level human rights protection committee.
The effective implementation of Nepal’s commitments would depend on its ability to effectively put down the insurgency and restore peace and security in the country. Nepal appealed for greater international understanding and solidarity. The larger threat of terrorism on the enjoyment of human rights should not escape from the attention of the international community.
NIZAR OBAID MADANI, Assistant Minister for Foreign Affairs of Saudi Arabia, stated that respect for human rights constituted a fundamental component of the policy of Saudi Arabia. The National Human Rights Commission continued to play the role of helping to protect and to develop human rights concepts in a fully independent and transparent manner, and its activities to monitor conditions in prisons and reform institutions had recently been expanded to ensure that the rights of prisoners and accused persons were respected. Other initiatives included the promulgation of the "Basic Law", the institution of a national dialogue among all segments of society, and the broadening of membership in the Consultative Council, whose competence had been extended to include the review and development of laws and regulations. A process of municipal elections had also begun. Mr. Madani drew attention to an official statement from the Government of Saudi Arabia affirming that there was nothing to prevent Saudi women from participating in future elections. Furthermore, Saudi Arabia’s education reforms had produced a new generation of highly educated, trained and knowledgeable women, who were now taking their proper place in society.
The international community faced tremendous challenges in many fields linked to the relationship between the individual and society, and to the relationship between governments and the governed, Mr. Madani said. The greatest challenge at the present time was that of terrorism, and combating that scourge had become a goal of the new international order. As a target of indiscriminate terrorism, Saudi Arabia had denounced, condemned and deplored terrorism in all its forms, and had affirmed its determination to eradicate the scourge. All States should work to deprive terrorists of safe refuge, and to emphasize that any attempt to associate terrorism with any religion would only strengthen the position of the extremists. He also emphasized that the war against terrorism should not be used as a pretext for violations of the rights of individuals, groups, nations, or States.
No modernization or development programme could succeed in the absence of a suitable environment, including enjoyment of security, stability and peace, Mr. Madani added. Of all the regions in the world, the Middle East suffered most from the lack of those characteristics, due to the ongoing Israeli occupation of Palestinian and Arab territories. Saudi Arabia hoped that the recent efforts to revive the peace process would lead to the implementation of the Arab peace initiative – proposed by Saudi Arabia – and the reactivation of the Road Map peace plan. He noted that Iraq still required international cooperation and support to establish security, achieve stability and consolidate its sovereignty and territorial integrity.
LAILA FREIVALDS, Minister for Foreign Affairs of Sweden, said xenophobia and racial and ethnic discrimination had for too long and too often hindered development and peace for both individuals and societies. In a climate of insecurity, xenophobia and fear of the unknown easily took hold of the international community. Those were however, irrational – and irresponsible – answers to complex problems and should not be allowed to prevail. Only through the respect for human rights for all and working for a common global vision that individuals were equal in dignity and rights, might long-term solutions be found to social and political problems – and thus increase security. If racism and xenophobia were not properly tackled, the danger of such elements being used for various political goals would remain high. Conflicts fuelled by ethnic or racial hatred would become fierce, and atrocities – even genocide – might be the result. Prevention was key to success, and one needed to be better at identifying indicators of racism and ethnic intolerance, which might develop into grave human rights violations and conflict.
At least half of the world’s population was made up of women. Women carried a substantive part of society’s responsibilities and duties, but far too often they were deprived of the enjoyment of human rights and democratic powers. Women all over the world were victims of violence which affected their everyday life. Violence committed against women in the name of honour continued to threaten the health and even lives of women and girls around the world. The widespread recourse to sexual violence as a means of warfare was a frightening example of the most severe violations of the human rights and the dignity of women and young girls. To buy and sell a human being was a grave breach against the dignity and rights of that person. Yet trafficking of human beings was an increasing and prosperous trade today.
The empowerment of women and promotion of gender equality was not only essential in order to fulfil a global vision of equality in dignity and rights, but it was crucial for the eradication of poverty and the international community’s ability to meet the Millennium Development Goals. It was truly time for women and men in all States to act together to stop all forms of violence and discrimination against women.
ARTIS PABRIKS, Minister for Foreign Affairs of Latvia, noted that the Commission was the only body within the Economic and Social Council that had been mentioned in the report of the High-Level Panel on Threats, Challenges and Change, and said that, before starting extensive discussion about the composition of the body, its place in the current legal and institutional framework of the United Nations must be assessed. Latvia believed that a country’s human rights record played a minor role in its election to the Commission. Latvia intended to introduce a draft resolution during the Commission which would contain proposals to improve the functioning of the Sub-commission on the Promotion and Protection of Human Rights.
Welcoming the activities of the Office of the High Commissioner for Human Rights to coordinate the work of treaty bodies and technical assistance programmes, as well as the efforts of the Commission’s special mechanisms, Mr. Pabriks stressed that such coordination would both increase the effective use of the Office’s resources and provide significant practical assistance to countries themselves. The periodic examination of State parties’ reports by human rights treaty bodies remained one of the most valuable tools of the Commission; however, it must be recognized that the failure of many States to honour their reporting obligations, as well as the delays and backlogs in the work of various committees, posed difficulties.
In Latvia, different national, ethnic and religious groups had coexisted peacefully throughout the centuries. Last summer, the Government had adopted a National Programme for the Promotion of Tolerance which aimed to address various forms of intolerance, including anti-Semitism. The programme included education, public awareness raising, research and monitoring, and strengthening national anti-discrimination legislation. The issue of anti-Semitism deserved attention and Latvia would support initiatives to combat this form of intolerance. In that vein, the establishment of the post of Personal Representative of the Chairman of the Organization for Security and Cooperation in Europe for anti-Semitism was critical.
BRIGITTE MABANDLA, Minister of Justice and Constitutional Development of South Africa, said the Commission, perhaps more than ever before, faced serious questions about its role, especially in the manner in which it responded to global human rights challenges. The fact that the Commission had not been able to unite behind its stated mandate had constrained its ability to respond effectively to global human rights challenges. The mandate of the Commission was a positive one which called on all to respond constructively to human rights situations by assisting States to create internal capacities to promote and protect as well as ensure the elimination of their violations. Consistent with this mandate, the Commission should continuously seek constructive strategies in collaboration with those partners requiring assistance to improve their human rights situations.
A form of selectivity that was found to be problematic was the emergence of false impressions that human rights were violated only in developing countries. Since the last session of the Commission, appalling scenes of torture with impunity had been witnessed, as had cases of arbitrary detentions. These wrongful acts should not go unpunished, and required the Commission to respond in a manner that ensured the collective responsibility to protect the victims of human rights violations. The Commission should demonstrate commitment to the priority issues within its mandate such as the global drive for the total elimination of racism, racial discrimination, xenophobia and related intolerance.
For South Africa, human rights could only be affirmed in their practical enjoyment. This was why South Africa fully supported the project to elaborate an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The reform of the United Nations, culminating in the Millennium Review Summit, had galvanized the international community with the United Nations playing a central role to come up with strategies and an action-oriented agenda to effectively deal with the problems facing all. To this end, all should strive together to make poverty history in the affairs of mankind. The best place to deal with problems of human rights violations in a transparent, fair and equitable way was in the Commission.
JADRANKA KOSOR, Deputy Prime Minister of Croatia, said that all measures for reform of the Commission on Human Rights should be carefully elaborated to strengthen the body’s role as a principal intergovernmental body of the United Nations for the protection and promotion of human rights. Similarly, proposals to reform the treaty body system should serve to strengthen the whole system and make it more efficient in terms of implementation at the national level. Having recently ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Croatia also supported the elaboration of an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights concerning the establishment of a communications procedure.
Among its national priorities, Croatia had resolved to actively combat the phenomenon of trafficking in human beings, for which close cooperation and coordination at the regional and global levels would be necessary. Nationally, the country had strengthened its legislative framework for the prosecution of perpetrators of this crime, while the Criminal Proceedings Law, Juvenile Courts Law, Witness Protection Law, and Law on Foreigners provided a legal framework for the protection of victims. Moreover, a new national strategy to prevent human trafficking had been enacted which focused on the legislative framework, assistance to and protection of victims, prevention, education, international cooperation and coordination of activities.
The Government also remained committed to full cooperation with the International Criminal Tribunal for the former Yugoslavia, and to the resolution of the problems of missing persons, the return of refugees and displaced persons, and to other human rights and humanitarian issues connected with post-war recovery. Other issues of concern included promotion of gender equality and combating domestic violence, support for children’s rights, support for the rights of disabled persons, and support for migrants’ rights. Among other initiatives, the Government had adopted a National Programme of Activities for the Prevention of Violence among Children, the Protocol of Proceedings in Cases of Violence among Children, and the National Programme for Roma.
MARGHERITA BONIVER, State Minister for Foreign Affairs of Italy, said since last year’s meeting, the international scenario had undergone radical changes, not all of which were positive. The international community was once again being called upon to question the effectiveness of the instruments at its disposal to pre-empt and to redress great humanitarian disasters. Public opinion would judge the Commission by its determination to bring those guilty to justice.
Ancient cultures with a glorious history were now reaching out to the values of democracy, and countries that had been thrown into turmoil by war and dictatorship were now winning back peace and freedom for their people. The promotion of democracy and respect for fundamental freedoms created the conditions for peace, security and prosperity. There was a need to link both these issues in everyday language, and to speak simultaneously of promoting both democracy and human rights.
The fact that democracy had moved forward in some parts of the world should not, however, divert the focus from situations which were still characterised by gross violations of fundamental rights. The use of torture and inhuman and degrading treatment still remained one of the most serious and aberrant forms of human rights violations, very often as a result of entirely arbitrary policies and conduct. The capacity to prevent and pre-empt such practices should be one of the parameters by which to judge governments. It should be reaffirmed that preventing and combating terrorism should be pursued tirelessly and intransigently, but this fight could never justify suspending the implementation of the rule of law and the exercise of the fundamental rights.
MONIQUE ILBOUDO, Minister for Promotion of Human Rights of Burkina Faso, said poverty and extreme poverty today were still the daily reality for millions of human beings on this planet with their concomitant injustices, exclusions, deprivations and inequalities. This poverty compromised fundamental human rights and ignored the dignity of individuals and families. In as such, it was a threat for the political, economic and social stability of States. There was therefore a need for more justice and more solidarity as well as a more equitable cooperation between States for a more universal sharing of the richness of humanity in order to face those immense needs, which no State could satisfy alone. This solidarity should also be demonstrated by bridging the "digital divide".
The present session of the Commission was taking place in an international context that was marked by a period of calm in certain armed conflicts, and an advance in the search for peace in other conflicts, such as in Sudan. This progress was a comfort, and incited all to persevere in the search for solutions for a durable peace in the world. Peace was the primary condition for the respect and promotion of human rights. Furthermore, tolerance was the keystone for human rights, for religious and cultural pluralism, for democracy and the rule of law and social peace.
The reform of the United Nations system would no doubt reinforce the usefulness of the Commission. The reform of the Commission’s membership was justified, even if such an extension necessarily implied other reforms. The extension of membership to all Member States of the United Nations would require further reflection. The Commission was the lighthouse of the United Nations; it should shed light on all actors, without taking part, but without being complacent either. It should remind all States of their responsibilities, both individual and collective, in the face of violations of human rights. It should constantly provide reminders of the principles of universality, inalienability and indivisibility of human rights. Moreover, it should constantly remind the international community that only such a base could give rise to a free, just and peaceful international society, where each could live in dignity.
Rights of Reply
TURKEKUL KURTTEKIN (Turkey), speaking in a right of reply, referred to the speech of Armenia during the morning meeting in which the distinguished Foreign Minister made a reference to a fictional genocide. The tragic events of 1915 were the tragic results of a World War where all sides suffered terribly due to the war conditions, harsh climatic conditions and mutual inter-communal atrocities. Turkey did not wish to denigrate the suffering of the Armenians nor belittle their feelings of loss, but one should not gloss over the fact that no less than two million Turks also perished under similar conditions. Genocide was a legal term which could not be used casually. The events of 1915 could never be defined as genocide. Armenia was still haunted by a distorted version of history, and should not expect the world to keep a closed eye to its occupation of 20 percent of Azerbaijan's territories, or to its non-recognition of the border with Turkey.
LAZHAR SOUALEM (Algeria), speaking in a right of reply, said the issue of Moroccans detained by the Polisario, as mentioned in the speech made earlier by Morocco, could not be separated from the issue of the decolonization of the last territory under foreign occupation. Without delving into the historical details of this issue, currently under consideration by the Security Council, he wished to remind the Commission of Morocco’s refusal of the offer of Polisario made in the 1980s to receive prisoners through the Red Cross. The international community should decide for itself on the issue.
NICHOLAS THORNE (United Kingdom), speaking in exercise of a right of reply, recalled the earlier statement by the Organization of the Islamic Conference which had stated bluntly that the United Kingdom had no laws to prevent discrimination on religious grounds against Muslims, whereas there were laws to prevent discrimination against Sikhs and Jews in employment and social services, health and other areas. There had long been laws in the country to prevent discrimination on racial grounds against members of all ethnic minorities, in employment and the areas of social policy mentioned, and the United Kingdom had some of the most progressive legislation in the world aimed at preventing and prosecuting incitement to hatred and violence on racial grounds. It was correct that Jews and Sikhs had been defined, by virtue of the common law system, as ethnic groups in the interpretation of this legislation, while Muslims and Christians had not been interpreted as ethnic groups. However, the Government was seeking to enact legislation to ensure that all religious groups were subject to equal protection from discrimination and incitement to hatred or violence.
OMAR HILALE (Morocco), speaking in a right of reply in response to a right of reply made by the Representative of Algeria, said the statement was disappointing. The prisoners remained in the territory of Algeria. The Commission on the situation of prisoners had not yet completed its work. Morocco called on Algeria to release all prisoners detained by the Polisario in its territories. Once the Moroccan prisoners were released, there would be no talk of prisoners.
LAZHAR SOUALEM (Algeria), speaking in a second right of reply in response to Morocco, stated that Algeria was a land of asylum for those who had fled a situation and were looking for assistance. A city in Algeria had been mentioned, and this was why it was necessary to respond. The Moroccan side had had contact with the Polisario in New York, and this was therefore not just a bilateral problem; Morocco should read all the reports published by the United Nations.
OMAR HILALE (Morocco), speaking in a second right of reply, said that for the time being, Algeria continued to be the territory in which hundreds of detainees from Morocco were located. Hundreds of television stations around the world had shown the Moroccan detainees, as well as demonstrations for their freedom. All Morocco was asking for was that Algeria free the detainees, and open the camps in which so many Moroccans of Sahrawi origin were being held. There were independent reports that showed that Moroccan detainees were being held and tortured by Algerian military personnel, and the name Tindouf would always be associated with this tragedy.
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For use of the information media; not an official record