COUNCIL CONCLUDES PANEL DISCUSSION ON RIGHTS OF CHILD, INTERACTIVE DIALOGUE ON COUNTERING TERRORISM, TORTURE AND ENFORCED DISAPPEARANCES

Human Rights Council
MORNING
12 March 2009

The Human Rights Council this morning concluded its panel discussion on achievements and obstacles in implementing the Convention on the Rights of the Child at the national level, and its interactive dialogue on reports on promoting and protecting human rights while countering terrorism, on torture, and on enforced disappearances.

On 11 March, the Council held an annual full day meeting on the rights of the child. The panel discussion on achievements and obstacles in implementing the Convention at the national level was concluded this morning. Speakers outlined national programmes aimed at promoting and protecting the rights of the child. One speaker said that the elimination of violence against children could be best achieved through sensitizing the public to the problem and the promotion of positive child rearing methods. The importance of education and also the need to harmonize national child laws and programmes was stressed by speakers. The need to ensure financial resources and technical assistance to ensure the promotion and protection of the rights of children was underlined. Speakers also said that children and adolescents must be allowed to live in societies that were free of violence and should be protected in the context of armed conflict.

Speaking in the panel discussion were Peru, Poland, Colombia, Zambia, Tanzania, Qatar, Costa Rica, Slovakia, United Kingdom, France, Russia Federation, Romania, Bosnia and Herzegovina, Norway, Republic of Korea, Australia, Lithuania and Morocco. The following non-governmental organizations also took the floor: Worldvision International and World Alliance of YMCA. Two panellists, Jorge Freyre, Coordinator of the Latin American and Caribbean Network for the Rights of the Child, and Trond Waage, Senior Fellow, UNICEF Innocenti Research Centre, also took the floor to provide concluding remarks, as did Jane Connors of the Office of the High Commissioner for Human Rights. Martin Ihoeghian Uhomoibhi, President of the Human Rights Council, also made concluding remarks.

On 10 March, Martin Scheinin, the Special Rapporteur on the promotion and protection of human rights while countering terrorism; Manfred Nowak, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment; and Santiago Corcuera, Chairperson of the Working Group on enforced or involuntary disappearances, presented their reports to the Council.

In the continued interactive dialogue on the reports, some speakers supported the work of the Special Rapporteur on inhuman, cruel and degrading treatment on interpreting the death penalty in light of the present day understanding of inhuman, cruel and degrading treatment, while others believed that in undertaking this issue, the Special Rapporteur had overstepped his agreed mandate. A number of speakers praised the recommendation of the Special Rapporteur on promoting and protecting human rights while countering terrorism that intelligence agencies develop internal and international training programmes on how to comply with human rights in their operations. The work of the Working Group on enforced or involuntary disappearances as the sole international forum that fulfilled the functions of handling each individual case related to the abduction issue and inquiring into relevant information with the Government concerned so as to work towards resolving the cases was praised.

Speaking on the reports on promoting human rights while countering terrorism, torture and or enforced and involuntary disappearances were New Zealand, Malaysia, Slovenia, Norway,
Yemen, Tunisia, Austria and Japan. Representatives of the Spanish Office of the Ombudsman, the Georgian Office of the Ombudsman, the Commission of Human Rights of the Philippines, and the German Institute for Human Rights took the floor, as did the following non-governmental organizations : World Vision International, in a joint statement with Asian Legal Resource Centre; and Human Rights Advocates, World Alliance of Young Men's Christian Associations (YMCA), Human Rights Watch, Maragopoulos Foundation for Human Rights, Colombian Commission of Jurists, International Harm Reduction Association, World Organization Against Torture, Foundation for Freedom, International Commission of Jurists, International Federation of Journalists, Asian Legal Resource Centre, International Federation of Human Rights Leagues, China NGO Network for International Exchanges, Union of Arab Jurists, International Institute for Peace, and International Federation of Iraqi Women.

The Council is holding three back-to-back meetings today. When it meets at noon, the Council will hear the presentation of the reports of the Special Rapporteur on the freedom of religion or belief, and the Special Rapporteur on human rights defenders, and hold an interactive dialogue on them.

Continuation of Panel Discussion on Achievements and Obstacles in Implementing the Convention on the Rights of the Child at the National Level

ALONSO GARCIA CISNEROS (Peru) said the protection and promotion of the rights of the child was very important. Peru had implemented a series of initiatives and programmes, in particular the national strategy called "Growth". The main objective was to reduce child mortality and child malnutrition. There was also the plan "Together", which gave direct financial support to poor families, giving them access to health, identity and nutrition. A plan for pregnant women had significantly reduced the maternal mortality index. This showed the priorities of the Government and its firm commitment to the rights of the child. Peru did everything possible to enforce the Convention on the Rights of the Child.

MALGORZATA SKORKA (Poland) said that the elimination of violence against children could be best achieved through sensitizing the public to the problem and the promotion of positive child rearing methods. In line with that, national campaigns were conducted titled “childhood under protection”, “small is frail” and “Love. Don’t hurt. Help”. It should be noted that Poland was the first European country that had organized the children and youth parliament. Such an activity for 15 years had been enabling the young to prepare for active participation in social and political life. To support children threatened with disability and their families, a national programme of early assistance for these children had been developed. A system of psychological and pedagogical support had been established to provide assistance to pupils, parents and teachers. A bank had been created of recommended preventive programmes, which were complementary to the school curricula and upbringing programmes. Ensuring the best interests of the child was the priority of the policy of Poland and the implementation of Convention on the Rights of the Child provisions involved a wide range of stakeholders, with respect for the rights of the child to participate in the progress.

ALMA VIVIANA PEREZ GOMEZ (Colombia) said in 2006, as a result of a process promoted by the State and by civil society, the Government of Colombia had adopted the Child and Adolescents Code, which updated the domestic legislation to become in line with the provisions of the Convention on the Rights of the Child. This code guaranteed, among other things, the immediate prevalence of any violation of the rights of children and adolescents to be prosecuted. It also allowed the Government to strengthen the national welfare system. In addition to measures taken, the Governors of the State of Colombia representing the 32 departments of the country drew up their development plans with the view of the rights of the child in mind. Colombia was committed to punishing the violation of the rights of the child in the context of armed conflict. In this regard Colombia accepted the application of the mechanism of the resolution 1612 of the Security Council.

GAUDENTIA MILINO-SALASINI (Zambia) said children had been given more and more priority in Zambia, and the Government would soon introduce human rights to be taught in primary and secondary schools as a way of helping young people understand and appreciate issues of human rights. The Government would also soon be tabling a Bill on gender-based violence which, inter alia, aimed to protect children's rights. Zambia had made several strides towards the attainment of the provisions of the Convention on the Rights of the Child by instituting legislative measures as well as policy reform which had sought to further enhance the rights of the child, and so that they would offer better protection to children.

Zambia had ratified a number of international human rights instruments that aimed at protecting the rights of the child. It had also passed a number of key policies which aimed at enhancing the implementation of the Convention on the Rights of the Child in the country, including the review of the National Child Policy, necessitated by the need to address issues such as increasing household poverty, child labour, child trafficking, HIV/AIDS, and child abuse in various forms. Zambia sought to promote a multi-cultural approach in the implementation of national child and youth programmes. How could the Government further enhance its efforts in effectively taking into account the views of children in the various plans and policies, Zambia asked.

NIXON N. NTIMBWA (Tanzania) said that as a State Party to the Convention on the Rights of the Child and its Protocols, Tanzania was up-to-date in respect of reporting obligations, having resented two reports on the two Optional Protocols on the Involvement of children in Armed Conflict and on the Sale of Children, Child Prostitution and Child Pornography in September last year. Tanzania was implementing policy actions as recommended by the Committee on the Rights of the Child during the consideration of its report in 2007 as well as those that came out of the last year’s deliberations. In recognition that there was no jewel in the world comparable to learning, Tanzania had put in place policy frameworks that guaranteed attainment of quality education to Tanzania’s children. Despite all these strides, challenges remained and the implementation required both financial resources and technical assistance. At present, Tanzania was looking into the possibility of harmonizing child legislation which was unfortunately scattered in not less than 19 statutes. Tanzania renewed its commitment to the implementation of the Convention on the Rights of the Child and its Protocols as Tanzania attached great importance to the welfare of their children.

KHALID AL-MALKI (Qatar) welcomed the holding of the panel discussion, and thanked the members of the panel for their participation and for their excellent presentations. Child rights were an important issue on a legal and human level. A review had been done by the Government of Qatar, with the view of implementing the Convention on the Rights of the Child, and the challenges in doing so were important because it covered legal and human aspects. Qatar had ratified the Convention on the Rights of the Child in 1995, and subscribed to its two Optional Protocols, on the sale of children and pornography, and children involved in armed conflict. Health, education, social and economic rights were covered in domestic legislation for children. Those in both the private and public spheres did all that they could to protect the child, for better growth, security and participation in different activities.

LAURA THOMPSON CHACON (Costa Rica) said Costa Rica welcomed this entire day focused on the rights of the child, and would like to thank the panellists for their important contributions. In Costa Rica, a law had been promulgated on the rights of children to be disciplined without corporal punishment or humiliating treatment, and this was one of the most outstanding events that had taken place in the country in this regard. This law explicitly forbade the use of corporal punishment as a corrective measure, and suggested other child-raising methods. The national authorities had managed to identify legal and practical gaps that existed, as it was at the practical level that most challenges remained.

Children and adolescents must be allowed to live in societies that were free of violence, and should be protected in the context of armed conflict. Taking into account the large number of children who unfortunately lived in this context, how should these societies take measures to effectively implement the rights of the child, Costa Rica asked the panellists.

IVANA KASAROVA (Slovakia) said that the full implementation of the Convention on the Rights of the Child and its Optional Protocols in accordance with the best interests of the child was of the utmost importance and should in Slovakia’s view go hand in hand with the implementation of the recommendations and concluding observations of the Committee of Rights of the Child. The Slovak Government took into account the Committee recommendations made with regard to Slovakia, by the adoption of the National action Plan for Children 2009-2012 in January this year. Thereby one of its voluntary commitments made before the election to the Human Rights Council was fulfilled.

In the National Plan an important goal was set up to establish in line with the Paris Principles an independent mechanism for the protection of the rights of the child and for the monitoring of the implementation of the Convention. The first analysis on changes required in this regard in the national legislation should be finalized by December 2009. Through these positive developments Slovakia wanted to demonstrate its full commitment for the improvement of the situation of children. Slovakia was however fully aware that there were still problematic issues that needed to be addressed. A continued dialogue with the Committee on the Rights of the Child was crucial in this context. Slovakia asked the Ombudsperson’s network what the most symptomatic problems were faced by the independent mechanisms for the protection of the rights of the child by fulfilling their task and if some good practices in finding solutions for them could be identified.

BOB LAST (United Kingdom) said following the ratification of the Convention on the Rights of the Child, the United Kingdom Government had prioritised its implementation through legislation and initiatives including the provisions set out in the Children Act 2004 and the Every Child Matters programme. The Children’s Plan for England was underpinned by the principles of, and aligned with the articles of the Convention on the Rights of the Child. As a sign of the Government’s commitment to implementation, the Government decided recently to remove two of its reservations that had been placed on the Convention. The Government also notified the United Nations of its intention to ratify the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography.

EMMANUEL ROUSSEAU (France) said since the entry into force of the Convention on the Rights of the Child in 1990, many laws had been enacted in France to adapt the legal system to certain provisions of this fundamental text on the rights of the child. France supported the initiative taken by an NGO coalition to set up an Optional Protocol which would be aimed at making it possible to submit to the Committee on the Rights of the Child communications on alleged non-compliance by a State Party to the Convention. France had been very active in promoting the rights of the child, having taken action to protect these rights on its own territory, among others.

In foreign policy, France had contributed to the adoption of guidelines on the rights of the child. Twenty years after the adoption of the Convention which forbade the use of minors under 18 years of age in armed conflict, it was possible to take stock of this scourge. A large number of child soldiers had been demobilised around the world, and this would not have been possible without the Special Rapporteur on child soldiers and the work of UNICEF. Despite success, the existence of child soldiers remained a sad truth, and thus efforts should be redoubled to eliminate this scourge, as well as that of sexual violence.

VLADIMIR ZHEGLOV (Russian Federation) said that the Russian Federation considered the rights of the child to be a priority. A number of federal projects had been planned for the year 2010, including children’s care. Further, a fund for child support had been established. 2008 was declared to be the year of the family. Family values, such as respect for the elderly, were being cultivated. Evidence for the Russian Federation’s commitment to the rights of the child was its ratification of relevant legal instruments and the compliance with international legal instruments. The Russian Federation continued financing development projects, especially those related to the well-being of children.

MARIA CIOBANU (Romania) welcomed the convening of this full day annual meeting on the rights of the child. Romania ratified the Convention on the Rights of the Child in 1990. The extensive reform undertaken over the past several years required the adoption and enforcement of a new legal framework; priority was given to switching from the “institution”-oriented system to the family-centred system. The comprehensive approach of the new legislation on the protection of the child, which came into force on 1 January 2005, showed its results with the decrease in the number of institutionalized children, and the rapid increase in the number of child services, vis-a-vis the children’s hotline, public awareness campaigns and psychological counselling services. However, there remained areas that could be further improved, including prevention services at the local level; having more qualified people to deal with children; and facing new challenges in social development that affected children (i.e. children of migrant workers and the use of safe internet for children).

DRAGANA ANDELIC (Bosnia and Herzegovina) said Bosnia and Herzegovina ratified the Convention on the Rights of the Child in 1993, and included it in its Constitution from 1995 - it also ratified the Optional Protocols in 2000. As a country still overcoming the consequences of the 1992-1995 War, Bosnia and Herzegovina had faced painful transition towards the market economy. Because of poverty, the educational system involved striking examples of ethnic segregation, there was a lack of systematic approach to health care countrywide, there was an inefficient allocation of funds for social security, and there were many mines as direct output of the war. These were only a few among the many factors limiting the full realisation of the rights of the child in the country. However, the country had experienced significant progress since 2002 in terms of issues concerning children's rights since now the national and sub-national Governments dealt with them as well.

In the past seven years, Bosnia and Herzegovina had witnessed significant changes having direct or indirect consequences on the protection of children's rights countrywide. The focus of action had been directed towards the improvement of the legal framework for the protection of children. Although children were not yet considered as relevant participants in the process of decision-making in society, the participation of children had been strengthened over past years through the work of NGOs and by regulating the right of their participation in schools by legal provisions.

RAGNE BIRTE LUND (Norway) said the Council had heard about a number of initiatives, efforts and policy developments at the national level over the two days of thematic debate with a view to further strengthening the implementation of the rights of the child. Norway had incorporated the Convention on the Rights of the Child into Norwegian law, which meant that the Convention would have precedence if any conflict should arise with the Convention and other statutory law. A review process was currently ongoing with a view to examine whether Norwegian legislation in relevant areas satisfied the requirements of the Convention. In that connection, the panel was asked if they could give examples of how they could offer assistance to Governments who might similarly wish to incorporate the Convention into their national laws.

HYE RAN CHUN (Republic of Korea) said since the ratification of the Convention on the Rights of the Child in 1991, the Government of the Republic of Korea had continuously made efforts to meet child protection standards set by the Convention and to identify areas for improvement. The Government in cooperation with civil society was working to publicize the Convention on the Rights of the Child to a wider audience. There were also ongoing efforts to disseminate information on the Convention and to promote children’s rights in schools through teacher training and human rights education programmes targeting both faculty and students. In addition, the Korean Parliamentary Friends of UNICEF was established as a part of the Korean Parliamentary League on Children, Population and Education. This group served as an effective forum where legislators were informed of the Convention on the Rights of the Child.

As part of the effort to implement the Convention on the Rights of the Child, the Korean Government withdrew its reservation to Article 9 (3) (on the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents) of the Convention on the Rights of the Child, in accordance with the Civil Code amendments in 2007.

HENRY WINTER (Australia) said Australia placed the highest priority on protecting and promoting the rights of the child, and welcomed this full-day meeting as an opportunity to raise the profile of the Convention on the Rights of the Child. In Australia, national level advisory bodies helped to ensure effective coordination among various departments and agencies responsible for the implementation of the Convention. Australia was developing a national Framework for Protecting Australia's Children for consideration by both Federal and State Governments this year.

Statutory responsibility for child protection in Australia was with the States and Territories, and each State and Territory jurisdiction had separate policies and laws in relation to children. Consultations were exploring practical ways in which the Australian Government, State and Territory Governments and NGOs could use their resources more effectively to improve the safety and well-being of children. Australia welcomed the opportunity to learn more from the panel and their views on best practices on building partnerships across Government and the community in a Federal system.

EDUARDAS BORISOVAS (Lithuania) said that Lithuania was very grateful to the Committee of the Rights of the Child for providing recommendations after consideration of Lithuania’s reports. They were important tools in advancing national legislation as well as undertaking concrete activities. Both national institutions and policies were necessary for implementation of the Convention and its Optional Protocols. As the experience of Lithuania showed, the institution of Ombudsman dedicated specifically for protection of the rights of the child was of particular importance. In Lithuania the Office of the Ombudsman for children was established in the year 2000. Areas of its activities included implementation of international and national legal norms in protecting children, as well as overseeing the state and municipal bodies, non-governmental institutions and organizations, and even private individual activities, which might violate rights and legitimate interests of children.

In addition, programmes and other activities involving different ministries and institutions allowed addressing cross-cutting issues of implementing international legal obligations in a comprehensive and action-oriented manner. Lithuania asked what the Panel’s recommendations on national institutional arrangements for better protection of the rights of the child were.

MOHAMED ACHGALOU (Morocco) said Morocco welcomed the holding of this annual discussion on the rights of the child. The efforts made by the Government of Morocco in this context, in accordance with its international commitments, were portrayed by the legislative plan for a new family code, and changes to the penal, nationality and civil codes. The 2006-2015 National Action Plan called the Children of Morocco illustrated the Government’s commitment to the implementation of the Convention on the Rights of the Child. The plan included the right to education and training, and the right to health which sought to reduce morbidity and child mortality, among other things. The creation of several Government units for the protection of children was also carried out, which covered topics including but not limited to protections for children who were victims of violence or mistreatment. On the twentieth anniversary of the Convention on the Rights of the Child, Morocco planned to carry out a Social Policy Forum for Children in May this year.

Ms. HOFFMAN HANCHETT, of World Vision International, in a joint statement with Asian Legal Resource Centre; and Human Rights Advocates, said 9.2 million children died before their fifth birthday every year from preventable causes because healthcare systems in most developing countries struggled to respond to the needs of poor and marginal communities. The right to health, the obligation to take measures to reduce levels of child mortality and the role of international assistance was confirmed by the Convention on the Rights of the Child, and the commitment in principle of States to the Millennium Development Goals indicated the acceptance by donor States of their role as duty bearers in the fulfilment of these rights. Donor Governments were called upon to increase aid for primary health care to at least $ 15 billion by 2010, and to help develop national health care capacities. The progressive realisation of the right to health must not be deferred in the light of the current financial crisis.

MOHAMMED OMAN BUSHIN, of World Alliance of Young Men's Christian Associations (YMCA), said that they were a group of young people who were here to advocate on juvenile justice based not just on reports and statistics but on their own personal experience. They spoke as children and young people who had been prisoners and who had been in conflict with the law. They believed that one of the main challenges to the importance of the Convention was States’ failure to address the issue of juvenile justice comprehensively as well as in a manner that respected their dignity. They knew from their experience and through their own research and advocacy that in a number of countries in Europe, Africa and Latin America the Convention was simply not being implemented. Detention was not being used as a last resort, meaning, the prisons were still full of children and young people who were jailed for petty crimes and were not then being rehabilitates and reintegrated into society because comprehensive strategies were not in place.

JORGE FRYERE, Coordinator of the Latin American and Caribbean Network for the Rights of the Child, thanked the United Kingdom for their points on the work and coordination between Governments and non-governmental organizations (NGOs). By giving legitimacy to NGOs this empowered them to contribute and as a result created room for dialogue between themselves and the Governments. In the context of the complex situation, the recommendations in an international document presented that gave concrete solutions was important, and it was through this channel of cooperation that Governments and NGOs could meet to seek solutions together. Mr. Fryere stressed that the legal frameworks in which this work was conducted was important. There were a number of successful codes established already, however, the child codes, which had been adopted with the participation of parliament, Governments, groups and NGOs, and in some cases, where children and adolescents participated, had been the most successful examples. Furthermore, with regard to the appointment of the Special Rapporteur on violence against boys and girls in the context of the study conducted by the Latin American and Caribbean Network for the Rights of the Child, Mr. Fryere said the selection of the representative was extremely important.

KIMBERLY A. GAMBLE-PAYNE, senior Fellow at UNICEF Innocenti Research Centre, said with regards to the question from Norway, UNICEF worked closely with parliamentarians and national justice in order to help them bring their laws into agreement with the Convention on the Rights of the Child. This was an ongoing process for protecting the rights of the child, as new opportunities continually presented themselves. UNICEF was able to monitor law reform processes and undertake research that many Governments considered helpful. On the question from Australia with respect to the implementation of the Convention within Federal forms of Government, this was clearly an opportunity to look carefully at how the rights of the child were promoted at sub-national levels. Many Governments were in the process of de-centralising many of the services that were vital for the implementation of the Convention - UNICEF strongly supported the creation of national coordination mechanisms in order to ensure that the Convention was fully implemented at the sub-national level.

On the number of comments made about child participation, UNICEF strongly supported the participation of children, in particular in the context of legal reform, and working with municipal leaders to make cities child-friendly. The issues of civil rights and freedoms could be considered in the Human Rights Council, and the participation of children in all levels of society should be further considered.

JANE CONNORS, of the Office of the High Commissioner for Human Rights, said that the most important challenge was the stereotypical notion of what children were. Yesterday it was so aptly stated that they were not mini human beings with mini human rights. She also said that the international community had to reflect on very good practices in which children meaningfully participated. They should participate in all relevant fora, particularly in the Human Rights Council. As had been said earlier regarding the Convention, the key area was domestic remedies. The exhaustion of domestic remedies would be a crucial element and how children could access these remedies. Ms. Conors complimented those who spoke of good examples in which Government and civil society had been working together. The rights of the child was one area in which such a cooperation could be most fruitful.

MARTIN IHOEGHIAN UHOMOIBHI, President of the Human Rights Council, said that twenty years ago, precisely in 1989, the United Nations General Assembly had adopted the Convention on the Rights of the Child. The Convention introduced binding obligations to protect and promote the rights of children. The twentieth anniversary of the Convention reminded everyone of two essential dimensions to the realization and enjoyment of the rights of children all over the world. The first dimension was the protection of children against mistreatment, violence, sexual abuses, forced labour, and involvement in armed conflicts, both as victims and combatant, among other situations. The second was the empowerment of children, through the tangible implementation and realization of their fundamental rights to, inter alia, a supportive family environment, education, health, leisure and personal development.

By agreeing to undertake the obligations of the Convention, States parties committed themselves not only to protecting and ensuring children’s rights, but also to holding themselves accountable for this commitment before the international community. Regrettably, despite the existence and the recognition of those rights, children still suffered in all parts of the world from poverty, homelessness, abuse, neglect, preventable diseases, unequal access to education and justice systems that insisted in not recognizing their rights and vulnerability. The urgency of the issue could not be overstated. The protection of today’s children safeguarded a future of progress and peace.


Continuation of Interactive Dialogue on Reports on Promoting Human Rights while Countering Terrorism, on Torture, and on Enforced Disappearances

AMY LAURENSON (New Zealand) said with regards to the proposal that the Human Rights Council launch a project for guidelines on human rights compliance and best practices by intelligence agencies in the context of the report of the Special Rapporteur on terrorism, professional training should include a human rights component, and the Special Rapporteur should elaborate on the key element for any such guidelines, taking into account the breadth of existing standards as well as variations in State law and practice in intelligence gathering.

With regards to the report of the Special Rapporteur on inhuman, cruel, and degrading treatment, concerning his proposal to interpret the death penalty in light of the present day understanding of inhuman, cruel, and degrading treatment, taking into account the universal trend towards abolition, New Zealand wished to reaffirm its ongoing support for the complete abolition of the death penalty. The Special Rapporteur should elaborate on the application of his proposed approach relating to inhuman, cruel, and degrading treatment in the application of the death penalty.

SITI HAJJAR ADNIN (Malaysia) said that Malaysia noted that the present report on torture and other cruel, inhumane or degrading treatment or punishment contained much discussion centering on the death penalty. Malaysia understood that the Special Rapporteur had undertaken this issue upon request by certain delegations. Malaysia was of the view that the Special Rapporteur, in his attempts to characterize capital punishment as a form of cruel, inhuman or degrading treatment, had gone above and beyond his agreed mandate. As a country that maintained the death penalty, Malaysia did not share the inferences made by the Special Rapporteur in his report, nor did it accept the alleged linkages that were purported to exist between the death penalty and the practice of torture or cruel, inhuman or degrading treatment or punishment.

Malaysia remained firm in the belief that the judiciary sanctioned application of the death penalty coupled with the appropriate legal and administrative safeguards, was in full conformity with its laws and accepted by the international community. The Special Rapporteur himself had acknowledged in his report that the question on whether the death penalty constituted cruel, inhuman or degrading treatment or punishment was subject to differing views. Malaysia considered the question of the death penalty as a matter of criminal justice. The application of the death penalty in Malaysia was stringently regulated and scrupulously monitored. Further, it was only applicable to a very small category of particularly heinous crimes, such as murder and trafficking in dangerous drugs.

ANJA MARIJA CIRAJ (Slovenia) thanked Mr. Scheinin for his precise report. Slovenia was convinced that the efficient work of the intelligence agencies was of paramount importance for the successful fight against terrorism. However, Slovenia also shared the Special Rapporteur’s observations that their work should be based on the rule of law and the respect for international humanitarian law and human rights, in particular, and that due process requirements were taken into consideration when implementing counter-terrorism measures.

Slovenia said their first question was on the quality of international cooperation and synergy of different mechanisms, institutions and bodies who dealt with the question of terrorism and human rights in the fight against terrorism. Slovenia asked if Mr. Scheinin could estimate the current quality of the cooperation and elaborate on the possible improvements of the synergy among those mechanisms for a more efficient work towards respect of human rights and fundamental freedoms in the fight against terrorism?

IDUN TUEDT (Norway) said the report of the Special Rapporteur on terrorism was very useful. He was among the first to point to the danger which potential misuse of the term terrorism posed to human rights protection. It was now widely acknowledged that States had violated human rights in their war on terror, such as the use of inhuman, cruel, and degrading treatment and secret and arbitrary detention. To ensure that such abuses ceased and were prevented in the future, an expectation and culture of accountability should be firmly established. In this regard, the Special Rapporteur's recommendation that intelligence agencies develop internal and international training programmes on how to comply with human rights in their operations was particularly interesting.

Norway was quite satisfied that the report of the Special Rapporteur on torture and other inhuman, cruel and degrading treatment and punishment focused on two capital human rights issues. With regards to drug dependence, he recalled that this should be treated like any other health-care condition, and that denial or absence of access to medical care in custodial situations could constitute inhuman, cruel, and degrading treatment. He also focused on the compatibility of the death penalty with the prohibition of inhuman, cruel, and degrading treatment - the death penalty should not only be addressed in relation to the right to life, but also related to the right to personal integrity and human dignity.

FADHI AL-MAGHAFI (Yemen) thanked Mr. Scheinin for his report on the promotion and protection of human rights while countering terrorism and said that the eradication of the roots of terrorism was a major challenge last year. However, the problem had become worse. Yemen’s model had been copied by other States. In Yemen, methods had been stressed that were not based on violence, such as awareness-raising training in consultation with scholars. Yemen was convinced that extremism derived from doctrinal theories, which had to be tackled. Yemen’s new techniques included strengthening security bodies, Yemen trained staff that were capable of respecting international legal norms for people held in detention. Yemen underlined that extremism and terrorism could not be dissociated from foreign policies in conditions of poverty.

ABDELWAHEB JEMAL (Tunisia) thanked the Special Rapporteur on the promotion and protection of human rights while countering terrorism for his presentation and pertinent ideas. Tunisia said that the Government was determined to continue to cooperate and work with all United Nations mechanisms, and specifically the Human Rights Council. Tunisia, recalled that the Government had extended an invitation to the Special Rapporteur, Mr. Scheinin, during the voluntary commitment on behalf of the State during the Universal Periodic Review in spring of 2008. The last talks between Tunisia and the Special Rapporteur took place on 9 March 2009, which Mr. Scheinin had mentioned during his presentation in the context of his discussions with the Mission of Tunisia, which had been cooperative and responsive in this vein. Tunisia hoped that when the Special Rapporteur met with relevant institutions in Tunisia in the context of his mandate, he would be able to discuss ideas in a constructive way.

CHRISTIAN STROHAL (Austria) said with regards to the report of Professor Nowak - what were his views on the cooperation of States with his mandate on torture and other cruel, inhuman or degrading treatment or punishment, taking into account the comprehensive overview he had given in the addendum on activities undertaken by States after his country visits; what could be done to make this cooperation more effective; and what were examples of best practices of a diligent follow-up and assiduous implementation of his recommendations. Austria was concerned about the high number of States who had not replied to his requests for country visits - what could be done, in particular by the Human Rights Council, to convince uncooperative States to issue such invitations or at least enter into dialogue.

Austria wished to express its appreciation to the Special Rapporteur on terrorism for his informative and comprehensive report which particularly highlighted the powers given to intelligence agencies in the struggle against terrorism and related questions of oversight and accountability. The report recommended, inter alia, the adoption of national legislation in the field of data protection - could he please elaborate further on this recommendation or offer any best practices; how could his mandate contribute to ensuring that existing standards developed by international and regional mechanisms were taken into account in the development of such national laws, Austria asked.

OSANU YAMANAKA (Japan) said that the Government of Japan appreciated the valuable work of the Working Group on enforced or involuntary disappearances as the sole international forum that fulfilled the functions of handling each individual case related to the abduction issue and inquiring into relevant information with the Government concerned so as to work toward resolving the cases. One example of such valuable work was following the request made by the families of 12 victims of abduction in Japan by the Democratic People’s Republic of Korea to confirm the whereabouts of their missing relatives. On top of the strenuous work of the Working Group, however, Japan stressed that the Democratic People’s Republic of Korea should conduct a thorough and comprehensive investigation into the matter in order to ascertain the whereabouts of the abductees.

In this regard, the Government of Japan had been urging the Democratic People’s Republic of Korea to start a thorough reinvestigation without delay as agreed. At the same time, Japan believed that it was highly effective for the Working Group to continue to encourage strongly the Democratic People’s Republic of Korea to take concrete action toward confirming the whereabouts of the abductees. Moreover, the Government of Japan, aiming to ratify the International Convention for the Protection of all Persons from Enforced Disappearance in a timely fashion, had already submitted the Convention to the Diet for its approval.

MARIA LUISA DE LLANO Y CARRIO, of the Spanish Office of the Ombudsman, said with regard to the visit by the Special Rapporteur on the promotion and protection of human rights while countering terrorism, Mr. Scheinin, to Spain, he had been received by the Spanish Office of the Ombudsman, but they did not share his views in the report. The Spanish Office of the Ombudsman said that they viewed the rights of people in the framework of collective freedom, and the right of the people to live in peace with respect for fundamental human rights. A defender of human rights should bring into account the preferential treatment of the people who were victims. They said that Mr. Scheinin devoted only a few small paragraphs to the rights of victims of terrorist acts, and focused predominantly more on the legal rights of persons accused of terrorism instead. Spain was preparing a new victim of terrorism act in order to preserve the rights in an effort to address the needs of victims of terrorism.

GIORGI CHKHEIDZE, of the Georgian Office of the Ombudsman, said that the Georgian Office of the Ombudsman thanked Mr. Nowak for his report, in particular the addendum to the report. On implementation of international obligations, Georgia believed that implementation of criminal law was important, as well as the Action Plan that had been adopted by the Government last July, but which had not yet been implemented. The Optional Protocol on Torture had been adopted two years ago, but nothing had been done since. It was crucial for the Human Rights Council and the Special Rapporteur to refer to the reality in penitentiary institutions, where the situation was grave and constituted inhuman, cruel, and degrading treatment. This issue should be taken into account.

Impunity was another big problem in Georgia. Specific cases of torture and ill-treatment were still not investigated, including in police institutions, where they were fewer. There were still cases of police beating suspects, and these cases were not investigated. The role of the Human Rights Council was very important as was that of the Special Rapporteur to push the Government to make real the Anti-Torture Action Plan as well as the Optional Protocol. For Georgia, it was very important for this to take place as soon as possible. On impunity, Georgia needed direct and precise instructions to the Government to prosecute and punish those guilty of torture. Specific cases of disappearance also required investigation.

CECILIA R. V. QUISUMBING, of the Commission of Human Rights of the Philippines, said that the Commission of Human Rights of the Philippines condemned the recent attacks in Sri Lanka and in other countries. Those attacks were also attacks on human rights. For the Special Rapporteur on torture, concerning countries which were suffering from hunger and sickness, Governments often said that there were no financial means to raise living standards in prisons. What recommendations did the Special Rapporteur have in this regard? The Commission of Human Rights of the Philippines encouraged a few actions: the Special Procedures should continue their written reports to the Government and not simply rely on civil society. They should arrange meetings with the delegations of government agencies that were now present in Geneva; and consult with the national human rights institutions. It was strange that national human rights institutes remained undertapped by some mandate holders. Working together would synergize efforts of actors. If the Special Rapporteur had good practices where security forces could successfully fight terrorism while respecting human rights, the Commission of Human Rights of the Philippines said that he should share them with Governments.

KATHARINA ROSE, of the German Institute for Human Rights, said in line with the Paris Principles, national human rights institutions had a broad mandate to promote and protect human rights at the national level, and to monitor Governments’ compliance with international norms and standards. National human rights institutions supported the Special Rapporteur’s findings and recommended, among other things, the establishment of a clear political and legal framework for the work of intelligence agencies was necessary, including on lines of responsibility, accountability and remedies. This framework must be in conformity with States’ human rights obligations.

JULIE DE RIVERO, of Human Rights Watch, said activities of intelligence agencies should be subject to much greater oversight and supervision. Current trends ran in the other direction - Governments were increasingly relying on State secrecy provisions to conceal illegal and abusive acts and to shield themselves from embarrassment, criticism and liability. States should not aid or assist in the commission of torture or other serious human rights violations. They should place constraints on their intelligence cooperation with States that were known to be systematically responsible for such violations. The problems the Special Rapporteur had identified were urgent and compelling, but there was little political will to address these problems, and intelligence agencies had every incentive to turn a blind eye to the abuses committed by other agencies with which they had cooperative relationships.

TOM GANIATSOS, of the Maragopoulos Foundation for Human Rights, said that all countries were fighting terrorism which undermined human security and the right of individuals to live in freedom from fear. But in fighting terrorism Governments had tended to concentrate on symptoms rather than causes. The recommendations of the United Nations General Assembly Global Counter-Terrorism Strategy adopted in September 2006, which urged Member States to address the conditions that favoured the spread of terrorism, including ongoing conflicts, poverty, discrimination, illiteracy, political exclusion and socio-economic marginalization, was largely ignored. In the place of poverty eradication enunciated in the Millennium Declaration, they had seen military, intelligence and other security-dominated counter-terrorism strategies. Effective measures for combating terrorism and protecting human rights were not inconsistent with one another but complementary and mutually reinforcing. As stressed in the United Nations Global Counter-Terrorism strategy and by the report of the Special Rapporteur to this Council, any measure taken to combat terrorism must comply with State obligations under international human rights, refugee and humanitarian law.

ISABELLE HEYER, of Colombian Commission of Jurists, said that it had been estimated in reports that almost 30,000 persons in Colombia were victims of enforced disappearances. The Government had to ratify the Convention on Enforced Disappearances, and in doing so would allow them to look at individual cases in this regard. The Commission was concerned at the practice of torture of five prisoners, and called on the Government to eliminate the use of torture and enforced disappearances.

DAMON BARRETT, of International Harm Reduction Association, said the list of human rights abuses committed in the name of the war on drugs was even longer than the Special Rapporteur's report indicated and included torture and ill-treatment by police, extra-judicial executions, arbitrary detention, racial discrimination, discrimination in access to health care, and the denial of access to essential medicines. This was not just a national issue. Drug policy was a truly global issue and was connected to an international drug control system that had neglected human rights for over 60 years. How could the human rights machinery within the United Nations, including the Council, begin to mainstream human rights into international drug policy, and what could be done on an urgent basis to ensure that the United Nations Commission on Narcotic Drugs addressed the concerns raised in the report?

ALEXANDRA KOSSIN, of World Organization against Torture, in a joint statement with International Federation of ACAT (Action By Christians for the Abolition of Torture, thanked the Special Rapporteur for his report in particular with regard to the issue of the death penalty in light of the prohibition of cruel, inhuman and degrading punishment and the report on his joint visit with the Special Rapporteur on violence against women to the Republic of Moldova. On the first issue, the World Organization Against Torture and the International Federation of Action by Christians for the Abolition of Torture, both members of the World Coalition against the death penalty composed of 83 organizations committed to the universal abolition of capital punishment, recalled that they considered capital punishment as a form of cruel, inhuman and degrading treatment. Both organizations welcomed the Special Rapporteur’s conclusions and recommendations and asked whether in addition to a more comprehensive legal study on the issue by the Human Rights Council, would the Special Rapporteur consider useful for the Committee against Torture to adopt a general comment on article 16 of the Convention?

JAVIER ELORRIETA, of Fundación para la Libertad, said the Foundation was a foundation with people of many ideologies and political carries, but had a common goal of freedom at heart for the people of the Basque country (the Pyrenees in North-Central Spain). They stressed only a political and social defeat of terrorist acts committed by Euskadi Ta Askatasuna (the Basque nationalist and separatist organization) could result in a true freedom in the Basque country. Many of his friends had been assassinated by Euskadi Ta Askatasuna.

LUKAS MACHON, of International Commission of Jurists, said increased powers of intelligence services had led to serious human rights violations - some laws and policies underpinned plans of State secrecy, and these should be reviewed and repudiated. Governments should enhance regulatory frameworks governing intelligence services and remove indemnity. The Council should move on the Special Rapporteur's suggestions to create guidelines in this regard, and should develop a detailed plan of action based on his recommendations and call a special session on countering human rights abuses in the context of counter-terrorism. What steps were the Working Group taking to investigate that authorities were living up to their commitments on forced disappearances?

SETAL PARMAR, of the International Federation of Journalists, said that there was compelling evidence that the argument of preventing terrorism had given cover to the exercising of the prevention of the freedom of expression of journalists worldwide. The current crisis in Sri Lanka was only one example of this. Journalists had been killed in Sri Lanka, others had been kidnapped and tortured. In Sri Lanka, Tamil journalists were in prison, this testified for the impossibility in Sri Lanka to exercise their profession. A United Nations Security Council Resolution called on governments to respect the lives of journalists. The International Federation of Journalists suggested that the Human Rights Council investigated the issue of counter-terrorism policies which gave cover to hindering journalists in exercising their profession.

MICHAEL ANTHONY, of the Asian Legal Resource Centre, asked if Mr. Nowak was aware of a bill to criminalize torture currently under preliminary consideration in Bangladesh? The Asian Legal Resources Centre fully supported this initiative and urged the new Government to remove its reservation under the Convention Against Torture, and ensure the effective implementation of the criminalization of torture. Concerning disappearances, the Asian Legal Resources Centre documented 1,039 cases of forced disappearances since 2002 in Pakistan’s Balochistan province alone, with hundreds also thought to have disappeared in the North Western Frontier Province and elsewhere in the country. Cases showed that women were disappearing and had been used as sex slaves by the military.

JULIE GROMELLON, of International Federation of Human Rights Leagues, said there were provisions in a counter-terrorist law in Russia which was inspired by the events in the Caucuses which were of great concern with regards to human rights, as this allowed the transmission of numerous powers from the Interior Ministry to the security services, which could imperil the rule of law. Did the Special Rapporteur intend to examine whether this legislation conformed with Russia's international commitments, and examine whether it was compatible with admissible restrictions of the International Covenant on Civil and Political Rights, which had been ratified by Russia, the International Federation of Human Rights Leagues asked.

JIANJUN CUI, of the China NGO Network for International Exchanges, said that there was a common threat targeting all countries in the world. Countering terrorism was a common responsibility shared by all nations of the globe. Countering terrorism was a long and complicated struggle and the international community should strengthen its unity and cooperation to face the challenge. In order to root out terrorism, they needed a coherent and comprehensive policy. The Network appealed to the Government representatives to listen to the people’s call: oppose all forms of terrorism no matter where, when and against whom it stroke; do away with double standards based on political or ideological line; benefit peace and security for all instead of for self interest of a few; follow the basic norms of the United Nations Charter and international laws in countering terrorism; oppose linking terrorism with any specific religion or ethnic nationality; and treat both the symptoms and root causes by emphasizing development issues, promoting equality and mutual respect and building a fair and just world order.

ASMA TOUNAKTI, of the Union of Arab Jurists, thanked the Special Rapporteur, Mr. Novak, for his report. The Union of Arab Jurists regretted that Mr. Novak was unable to visit Iraq as of yet, despite all the reports citing cases of torture and inhuman treatment inflicted on detainees in prisons in Iraq. In the view of full impunity, this was a serious violation of human rights in the context of international obligations. The use of torture and the deprivation of detainees of their liberties for months and even years without charges being brought, and moreover where some had even been executed without cases being brought forth, was unjustifiable. Moreover, the Union stressed that the magnitude and severity of the situation was illustrated by what had taken place in the case of Abu Ghareb involving the United States military was not comparable with the deplorable acts taking place in Iraqi prisons to date.

VUKOVIC BRENDA, of the Permanent Assembly for Human Rights, said the support of the Working Group on enforced and involuntary disappearances was appreciated, as was the report, but there were concerns for some conclusions therein. The application of the law in Argentina declaring a person disappeared could not be considered a valid point for closing a case - closing a case without ensuring access to truth, justice and reparation was not acceptable, as this was a matter of vital importance for the victims and their families. On the recommendation to create a public body to implement public policies as State bodies, all institutions dealing with human rights should be independent within the State, and this included those overseeing the security and intelligence agencies. The Working Group was thanked for the valuable report.

The representative of International Institute for Peace, said that Pakistan was a country that was universally acknowledged today as the hub of international terrorism.

Mr. HAMDAN, of General Federation of Iraqi Women, thanked the Special Rapporteur on Torture for his report. It was shocking that he had yet to visit Iraq, although the Council had heard allegations from that country of cooperation with the United Nations bodies. Hundreds of thousands of innocent Iraqi people had been subjected to arbitrary arrest and then subjected to ill-treatment, torture and humiliation. Torture techniques included the ripping out of fingernails, electrically shocking on sensitive parts of the body, tearing out teeth, breaking ribs and bones and ripping open chests. Detainees not only faced torture and rape but also remained in custody without trial for years only because they opposed the occupation and the militias controlled by the Iraqi authorities.

MANFRED NOWAK, Special Rapporteur on torture, and other inhuman, cruel, and degrading treatment and punishment, said he was overwhelmed by the lively and engaged debate on his report. He was confident that the Government of Equatorial Guinea would adopt a positive approach to his report, as had the other concerned countries. He was grateful to the Governments of Nigeria, Togo, Nepal, Indonesia and Sri Lanka for their assurances of implementing his recommendations. He was particularly happy about the consideration of the Draft Bill on establishing the anti-torture Commission as considered by Nigeria. The issue of the death penalty gave rise to a fairly controversial discussion in the Council. He had raised this issue in response to a specific question as asked in the general debate, and had considered it in the context of his mandate. While he respected that Governments had different views on this, he did not think that it was outside his mandate, and had suggested undertaking a more comprehensive study on this issue.

The lively discussion of this chapter of his report proved the need for further study aimed at clarifying the issue - the phenomenon, and the conditions on death row should be taken into account when considering the compatibility of the penalty in the context of inhuman, cruel, and degrading treatment. Medical treatment in the context of drugs treatment should take place in an open environment without forms of discrimination. The Council could bring his recommendations on this issue to the Committee on Drugs Policy. With regards to progress in secret detention, the closure of such places by President Obama was a step forward, but there were other situations which required oversight. The increasing role of intelligence agencies in these places of detention and in interrogation techniques should be limited. Independent preventative national mechanisms which also filled an oversight function should be instituted.

SANTIAGO CORCUERA, Chairperson of the Working Group on enforced or involuntary disappearances, said that, as last year, five minutes was an impossible amount of time to answer all the questions that were asked. Therefore, he would endeavor to reply in writing because in this brief amount in time it was impossible to answer. Many questions had been asked on how it was possible to reconcile mechanisms for seeking truth while seeking justice. Seeking truth and justice did not mean impunity. He referred to a reference to this dilemma in the report on how the balance could be maintained and how one would not erode the other. For example, truth commissions would be a good measure. With regard to women and enforced disappearance, he believed that it would be possible to establish specific programmes to protect the family members of those that had disappeared since they were specifically vulnerable, similar to families of human rights defenders.

Regarding Algeria’s concern on legislation that was similar to amnesty laws, there was a difference of opinion, however, the difference on that issue should not become an obstacle to the cordial ties with Algeria that existed. The Working Group was willing to continue this kind of cooperation with every country that still had pending cases with the Working Group. It was also willing to conduct more country visits in order to verify statements that had been put up. Regarding the question posed by Pakistan, Mr. Corcuera said that this was one very usual case and that not enough information had been provided to the Working Group. This was also the case with many other countries.

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