COUNCIL DISCUSSES REPORTS BY OFFICE OF HIGH COMMISSIONER ON HUMAN RIGHTS AND OTHERS ON VARIOUS ISSUES

Human Rights Council
AFTERNOON HRC/07/11/Rev.3
15 March 2007

Chairpersons of Working Groups on Right to Development and on Durban Declaration and Programme of Action Present Reports

The Human Rights Council this afternoon heard the United Nations High Commissioner for Human Rights present a number of country-specific and thematic reports prepared by her Office, and discussed other reports on various issues, including by the Working Groups on the right to development and on the effective implementation of the Durban Declaration and Programme of Action.

High Commissioner Louise Arbour said no country was immune from human rights problems. Thus, all countries could benefit from cooperation with human rights mechanisms and with the Office. On Afghanistan, Ms. Arbour said her Office remained committed to supporting the Afghanistan Independent Human Rights Commission, which continued to do excellent work. All efforts should be made to sustain its work. In Cambodia, the Office continued to monitor the overall human rights situation and responded to reports of human rights violations. On Colombia, it was crucial to put an end to extrajudicial executions, enforced disappearances, and to ensure that demobilised paramilitary groups did not rearm.

Afghanistan, Cambodia, Colombia, Cyprus, Israel, Palestine, Syria and Nepal spoke as concerned parties.

The Chairpersons of the Working Group on the right to development and on the effective implementation of the Durban Declaration and Programme of Action also presented their reports.

Ibrahim Salama, Chairman of the Working Group on the right to development, said the right to development was no longer wishful thinking, but firmly grounded in empirical evidence, and these showed that gaps existed between norms and policies. Checking right to development criteria against realities must continue, and the input of Member States was crucial to this.

Juan Martabit, Chairman of the Working Group on the effective implementation of the Durban Declaration and Programme of Action, said that at its fifth session, the Working Group had studied national plans of action to combat racism, racist discrimination and xenophobia. These were specific experiences. The establishment of mechanisms for the implementation of the plans and the process of follow up for the monitoring was important.

Speaking on the reports presented today were Representatives of Canada, Indonesia, Cuba (on behalf of the Non-Aligned Movement), Germany (on behalf of the European Union), India, Romania, Bangladesh, Morocco, Malaysia, China, Poland, Brazil, Algeria (on behalf of the African Group), Greece, Turkey, Portugal and Belgium.

The following non-governmental organizations also spoke: Centre Europe Tiers Monde, Colombian Commission of Jurists, Amnesty International, Franciscans International, International Association of Democratic Lawyers, Women’s International League for Peace and Freedom and World Union of Progressive Judaism.

Cyprus, the Philippines and Turkey exercised their right of reply.

When the Council convenes at 10 a.m. on Friday, 16 March, it will continue to discuss the reports presented today, before starting consideration of the follow-up of the decisions of the Council.

Presentation by High Commissioner for Human Rights

LOUISE ARBOUR, United Nations High Commissioner for Human Rights, introducing country-specific and thematic reports prepared by her Office, said she often noted that no country was immune from human rights problems. Thus, all countries could benefit from cooperation with human rights mechanisms and with her Office. These forms of cooperation and interaction typically varied in depth and scope, but more openness and receptivity on the part of Governments brought additional benefits and resources in facing up to human rights challenges.

On Afghanistan, the Compact and National Development Strategy provided a positive framework for development and improvement of the human rights situation. Serious efforts were being made towards reform in key sectors, including security and justice; however, the transition was overshadowed by the armed conflict. Increased violence impeded much-needed development aid from reaching the population. Arbitrary detention and torture were reported regularly. The Office remained committed to supporting the Afghanistan Independent Human Rights Commission, which continued to do excellent work. All efforts should be made to sustain its work.

In Cambodia, the Office continued to monitor the overall human rights situation and responded to reports of human rights violations, giving priority to persisting patterns of impunity and to issues faced by non-governmental organizations, as well as other groups and individuals defending human rights. On Colombia, the country still faced critical human rights challenges in several regions. Efforts to achieve reparation for victims of human rights violations were very encouraging; it was crucial to put an end to extrajudicial executions, enforced disappearances, and to ensure that demobilised paramilitary groups did not rearm.

There were a number of thematic issues that were priorities for the Office and engaged the international community as a whole. A constant theme was combating discrimination in all its forms. Likewise, the fight against impunity was of paramount importance. The report submitted today reaffirmed the need for a comprehensive approach towards combating impunity, making perpetrators accountable, ensuring effective remedies and reparations to victims, and upholding the inalienable right to know the truth about violations. The Office was committed to ensuring that economic, social and cultural rights were fully recognised and upheld, and it was important to continue efforts to preserve political consensus on the right to development.
Presentations by Chairpersons of Working Groups on Right to Development and Implementation of the Durban Declaration and Programme of Action

IBRAHIM SALAMA, Chairman of the Working Group on the right to development, said the past four years had been challenging, and the right to development was moving into areas of clarity and substance. The outcome of the eighth session of the Working Group on the right to development had successfully produced a road map and programme of work encompassing development of standards, development partnerships, and Millennium Development Goals. He welcomed the High Commissioner’s reference to the role of her Office in relation to the right to development. Reviewing progress, four factors were behind the successes: commitment from regional groups to advance the work of the Group; high quality Task Force reports; a wider scope of actors involved in the debates; and the support of the Secretariat to this mandate. Never before had the debate reached such a level of seriousness and maturity, with increasing contribution from non-governmental organizations, development agencies, foundations and others from the North and South.

Mr. Salama said the right to development was no longer wishful thinking, but firmly grounded in empirical evidence, and these showed that gaps existed between norms and policies. Checking right to development criteria against realities must continue, and the input of Member States was crucial to this. There must be engagement by Member States through input into the Task Force based on national experiences and concerns. With this commitment, the process on tracking and application of criteria would be accelerated. Much political legitimacy of the work in progress depended on the technical soundness of the Task Force’s work.

On the broader scale, the main task now was to bridge the gap between rhetoric and reality, and this demanded holistic and deep analysis of these realities. The common cause should be to develop concepts and institutions to cope with complex realities.

JUAN MARTABIT, Chairman of the Working Group on the effective implementation of the Durban Declaration and Programme of Action, said that he wanted to present the first part of the oral report of the fifth session of the Working Group. The Working Group had studied national plans of action to combat racism, racist discrimination and xenophobia. Concerning national action plans, the Working Group enjoyed contributions from selected panellists. These were specific experiences. The establishment of mechanisms for the implementation of the plans and the process of follow up for the monitoring were important.

The Working Group also had a presentation by the Secretariat on the cooperation that the Office of the High Commissioner for Human Rights could provide on the implementation, Mr. Martabit said. Five qualified experts had studied the content of the shortcomings in the international instruments for the fight against racism, racial discrimination and xenophobia as forms of intolerance. The experts had made an excellent contribution and had informed the Working Group on how to address the subject. In the dialogue that had taken place, many members had dynamically shared their views. The experts should continue their work for the full implementation of the Durban Declaration and Programme of Action. In the course of the first part of the session, interest about the support of the High Commissioner concerning the follow up of the Durban Declaration had been made.

The African Group had presented a joint position on this topic and the Chairman said that he had undertaken the step to communicate this concern to the High Commissioner. The report of the fifth session would be adopted in September 2007. The report would consolidate the work done. As Chairman of the Working Group, he wanted to make a few more comments. The anti-discrimination unit of the Office of the High Commissioner made a lot of efforts and deserved praise. It was essential for the work of the Council to be efficient that a rationalization and better order in regard to the different mechanisms concerning the follow up of the Durban Declaration should be installed. The resources should be rationalized and optimised. It was fundamental that agreements were made on a consensus basis. The success so far should be made concrete.

Statements by Concerned Countries

NANGUYALAI TARZI (Afghanistan), speaking as a concerned country, said for over more than two decades, Afghanistan had been a victim of war and violence, and all institutions had been damaged. Despite considerable challenges, Afghanistan had made progress, particularly in the field of human rights. Work was being carried out to improve the situation, increasing democracy, with universal suffrage, including participation of women. Twenty-seven per cent of parliamentary seats had been reserved for women. Afghanistan was clear that it was far from meeting all the standards of the various Conventions signed in the field of human rights, but it was working to improve living conditions and the respect for these rights.

Afghanistan suffered under international terrorism, with murders and attacks taking place against the population. Afghanistan still needed political and humanitarian support and cooperation from the international community. The freedom of expression had also come under attack. In coordination with the United Nations Development Fund for Women and the Ministry for Women, programmes of legal aid for women had been set up in coordination with national and international non-governmental organizations. One of the first acts of the new Government was to establish human rights and ratification of the Convention Against All Forms of Discrimination Against Women. The recommendations in the report complemented to a large degree the wishes and objectives of the Government of Afghanistan.

CHHEANG VUN (Cambodia), speaking as a concerned country, said Cambodia had moved from a land of conflict to one of dialogue. Cambodia reaffirmed its attachment to the Universal Declaration of Human Rights. There was now greater emphasis on the issue in the education system. Democracy, freedom and rights had improved in Cambodia in recent decades. Institutions to support democracy and the rule of law were in place. Poverty was being reduced; there were free elections and improved local democracy and decentralization; and there were greater press freedoms.

Cambodia was eager to combat corruption and impunity, and judicial reform was under way. The special and extraordinary court to judge the crimes of former members of the Khmer Rouge for crimes of genocide was on the rails. Settlement of land disputes was a priority. Cambodia was working to tackle trafficking of women, kidnapping and exploitation of persons. Cambodia supported the fight against terrorism.

CARLOS FRANCO (Colombia), speaking as a concerned country, said that Colombia welcomed the High Commissioner’s report. The success and appreciation of the report was due to the cooperation received through the Office of the High Commissioner for Human Rights and civil society, which improved the work carried out by the State. Colombia acknowledged the need to prosecute violations of human rights. On occasions there were differences with non-governmental organizations, but they were not undermining the Government’s efforts to protect human rights. A plan to seek disappeared persons had received resources from the Government this year. Colombia noted the importance of the strengthening of democratisation in the country. Different elections had taken place recently.

Colombia wanted to strengthen democracy with the promotion of economic, social and cultural rights. Concerning the process of mobilizing self-defence forces, the Government was determined to have a country without paramilitary and trafficking groups. It was a challenge to compensate victims and administration justice related to this issue. The Government had a policy to put an end to paramilitary actions and was concerned by the political comments made by certain sources. Colombia wanted its efforts to be recognized and not to be unjustly accused for crimes. Kidnapping and attacks on infrastructure were subjects affecting the human rights of the Colombian population. Colombia was committed to strengthening the work of the Council.

JAMES DROUSHIOTIS (Cyprus), speaking as a concerned country, said over the years numerous resolutions and decisions had been adopted by international bodies and organizations as a result of the Turkish invasion and occupation. These resolutions and decisions remained unimplemented. The issue had been taken up by United Nations bodies including the Commission since 1975. Reports by the Secretary-General had been issued, calling for the restoration of all human rights to all inhabitants, the accounting for missing persons, and the restoration and human rights of all Cypriots, including the right to property and restoration. Today, there was a pressing need for the restoration of human rights in Cyprus. The forcible division of the country had had consequences on a number of human rights.

In the past few years, United Nations treaty bodies had noted that the impact of the division constituted a serious obstacle to the enjoyment of human rights. The European Court of Human Rights had also held that there were massive and grave violations of fourteen articles of the European Covenant on Human Rights. Ongoing violations were Turkey’s responsibility, as it was responsible for all acts committed by its own troops or subordinate administration. The unacceptable status quo remained unchanged, and the humanitarian and human rights consequences on the population of the country persisted. The relatives of Cypriot missing persons had been denied their right to truth. Cyprus was concerned that the new report of the Secretary-General on Cyprus contained emissions, in particular with regards to the plight of the Greek Cypriot refugees, and the evident attempt to change the ethnic structure of the island.

ADY SCHVENMANN (Israel), speaking as a concerned country, said regarding the report on women giving birth at checkpoints, that only two cases had been reported in 2006. The United Nations Relief and Works Agency for Palestinian Refugees in the Near East, which operated in the Palestinian Territories, had stated that they had no knowledge of cases in 2005. Given the limited statistics, was continued reporting on this issue a judicious use of the resources of the Office of the High Commissioner for Human Rights?

MOHAMMED ABU-KOASH (Palestine), speaking as a concerned country, said that with regard to the report concerning Palestinian pregnant women giving birth at Israeli check points, the Council should question why Israel was among its members. With reference to the statistics, 69 pregnant women had given birth at checkpoints. The times of peace and those of violence continued to resemble each other. Therefore, true justice could not be achieved under occupation. The international community fully recognized the moral imperative of ending the Israeli occupation. Nothing could justify why the Palestinian people continued to live in humiliation. All what was asked was freedom and returning the human dignity with the help of the Council.

KHALIT BITAR (Syria), speaking as a concerned country, said on the report of the Secretary-General on the occupied Syrian Golan that the States and organizations who had contributed to the implementation of the operative paragraph were thanked. The violations committed against the citizens of the Golan affected their civil and political rights. These Syrians had been displaced, villages had been destroyed, and thousands were living in camps. Charitable organizations were not allowed to work in the area, and were accused of spying for Syria. The occupying forces had put 45 settlements into the occupied Syrian Golan.

Syrian nationals had no access to health care, and educational programmes were imposed by the Israelis. The Arabs were living under very difficult conditions under the occupation, which was contrary to international law. They had rejected the Israeli annexation, refusing to take on Israeli identity. They were victims of all human rights violations under the occupation. Some were living in prisons where they were tortured physically and morally. The Council should show solidarity with the Syrian prisoners, in particular those whose health had suffered significantly. Such Israeli practices should be stopped. The illegal occupation of the land of Syria should stop, and its sovereignty should not be reduced.

BHARAT RAJ PAUDYAL (Nepal), speaking as a concerned country, said that Nepal thanked United Nations High Commissioner for Human Rights Louise Arbour for her report on the activities carried out in Nepal. There had been substantial improvement on the human rights situation in Nepal. However, if the comments of the Government had been reflected in the report, it would have raised even more the contents of the report. Nepal wanted to update the High Commissioner for Human Rights on ongoing processes. The signing of the peace agreement between the Government and the Maoists was an example.

The peace accord provided the fundamental freedom on human rights. The Government was working on the restitution of property and the return of internally displaced persons. There was also a committee ensuring human rights for all. The first phase of collecting arms had been finished. Nepal wanted to inform about substantial improvement. The people of Nepal were eager to see improvements as well as the upcoming elections. The Government was fully committed to the respect of all human rights. Nepal was in a crucial phase and wanted to create a new Nepal. There was every reason to be optimistic about the progress made so far. Nepal wanted to clarify some points raised by the United Kingdom and Norway yesterday when it affirmed that the peace process went beyond the ceasefire. The insurrection had stopped since the peace accords in 2006.

General Debate on Reports by the Secretariat, the Office of the High Commissioner for Human Rights and the Secretary-General

TERRY CORMIER (Canada) said that Canada welcomed the report on the situation in Afghanistan, but that there remained a culture of impunity in that country. Canada had supported wide-ranging measures – on women’s rights, legal aid, justice sector reform, and human rights monitoring, and encouraged the international community to do the same in supporting transitional justice in Afghanistan.

Canada shared concerns over patterns of impunity affecting vulnerable citizens and non-governmental organizations in Cambodia, and supported the presence of the Office of the High Commissioner for Human Rights in the country. Canada agreed that structural reform of key institutions was necessary to deliver an independent and professional judiciary and the need for the harmonization of legislation with international human rights norms.

In Colombia, Canada echoed the concern over “human rights defenders and victims who had been targeted and threatened for demanding justice”, but applauded President Uribe’s extension of the mandate of the Office of the High Commissioner for Human Right’s office there. A successful peace process was essential to sustainable improvement of the human rights situation. Canada encouraged cooperation by the Colombian Government with implementation of the Justice and Peace law to limit the power of paramilitary groups and provide victims with truth and reparations essential to lasting peace. Canada was pleased to support peace building through peace-process funding and chairmanship of the G24.

WIWIEK SETYAWATI (Indonesia) said that all the reports presented dealt with important issues, ranging from economic, social and cultural rights to the right to development, to civil and political rights and generally across the entire spectrum of major human rights issues. Indonesia wanted to focus on selected studies among the activities undertaken such as the defamation of religions, the implementation of the recommendations of the Working Group on the right to development, including the work of its high-level Task Force, as well as the report of the Inter-governmental Working Group on the effective implementation of the Durban Declaration and Programme of Action. Indonesia supported the appointment of highly qualified experts to produce recommendations on how to bridge the gap in international instruments to combat racism, xenophobia, racial discrimination and other related forms of intolerance.

Indonesia had for some years been particularly active in this field, as evidenced by its initiative to organize a number of national, regional and international events on interfaith dialogue. In an effort to implement the Council’s decision 3/102, the Government of Indonesia was pleased to announce its decision to host the regional Asia-Pacific Workshop on regional cooperation for the promotion and protection of human rights in the Asia-Pacific region in Jakarta, Indonesia, from 10 to 12 July 2007. Preparations, both logistical and substantive, would be carried out as soon as possible in consultation with the Asia-Pacific countries and the Office of the High Commissioner for Human Rights. Indonesia strongly believed that in order to be able to carry out its mandates, the Council should be able to give to all stakeholders the opportunity to contribute their views effectively and usefully on the work of the institution’s mechanism.

RODOLFO REYES RODRIGUEZ (Cuba), speaking on behalf of the Non-Aligned Movement, said the fourteenth summit of the Non-Aligned Movement, held in September 2006, had called for the elevation of the right to development to the same level and on par with all other human rights and fundamental freedoms elaborated in human rights instruments, and for the consideration of ways and means to ensure the operationalisation of the right to development, as a priority, including through the elaboration of a Convention on the right. Twenty years after the adoption of the United Nations Declaration on the Right to Development, the international community had very little to show in terms of the implementation of this inalienable right, yet to be realised for the vast majority of peoples.

The gap between developed and developing countries continued to widen unacceptably, and national efforts by developing countries were increasingly impacted negatively by the persistence of a number of obstacles which escaped the control of their Governments, as a result of the existing unfair and inequitable international economic order. In terms of the Declaration on the Right to Development, States had the duty to cooperate for the creation of national and international conditions conducive to the realisation of the right to development, and accordingly formulate individual and collective policies.

BIRGITTA SIEFKER-EBERLE (Germany), speaking on behalf of the European Union, said the European Union acknowledged the work of the Office of the High Commissioner for Human Rights in Nepal, saying that this warranted a continuation of the work for at least two more years, and asking whether the Nepal Government had agreed to allow this. The European Union fully supported the contribution towards efforts to rebuild Afghanistan, and emphasized the need to support the Afghan Human Rights Commission and enhance the peace and reconciliation plan.

The constructive engagement with Colombia was an excellent example of cooperation with the Office of the High Commissioner for Human Rights, and the European Union expressed satisfaction at the recent announcement regarding a continued presence there, and Colombia’s readiness to volunteer to be one of the first countries to undergo the Universal Periodic Review. Was there any link between the offer to provide technical cooperation to the Democratic People’s Republic of Korea and the previous resolutions that the Government of that country had opposed.

The European Union supported progress on the death penalty - an issue of major importance to its Member States, and welcomed the report of the Working Group on the right to development and the Task Force. The work of the Working Group on follow-up to the Durban Declaration and Programme of Action was welcomed, and the European Union asked how High Commissioner saw the role of her anti-discrimination unit in the exchange and promotion of best practices.

RAJIV CHANDER (India) said that India associated itself with the statement made by Cuba on behalf of the Non-Aligned Movement on the report of the Working Group on the right to development. India remained concerned at the extremely slow progress towards the operationalization of the right to development despite repeated reaffirmation of this commitment. It was India’s aim to develop a set of criteria for periodic evaluation of the global partnership for development as identified in Millennium Development Goal number eight from the perspective of the right to development. This would enable India to evaluate the policies and operational activities of relevant actors at the national, regional and international levels, including multilateral financial, trade and development institutions.

India was conscious of the fact that for effective evaluation, the criteria would have to be progressively developed and refined. For that purpose, India supported the proposal for extending the mandate of the Working Group and the high-level Task Force with an extended meeting time for the latter. This would enable the implementation of the phased approach proposed by the Task Force in the development of these criteria. It was a matter of satisfaction that the report of the Working Group on the right to development had been adopted by consensus.

DORU COSTEA (Romania) said the report introduced yesterday by the High Commissioner, as well as today’s reports, highlighted, among other issues, the importance and impact of the cooperative attitude of national authorities in order to promote and develop human rights. The High Commissioner had said she was persuaded that more openness and receptivity on the part of Governments brought additional benefits and resources in facing up to human rights challenges. Romania had learned that the observance and promotion of human rights were processes of high complexity that needed commitment, perseverance and readiness to dialogue and cooperation, both internally, with all political forces and representatives of the civil society, and externally, with international organizations specialised in human rights.

Difficulties related to the national capacity in terms of legislature, institutions and, not least, wide-spread education and culture dedicated to human rights could be overcome, and so could challenges and crises. In this world of increasing interdependency, resources and help provided by the international community proved to be most appropriate.

MUSTAFIZUR RAHMAN (Bangladesh) associated Bangladesh with the statement of Cuba on behalf of the Non-Aligned Movement. It had taken a long time to recognise the right to development as universal, indivisible, inter-related and interdependent. The Millennium Declaration and the Monterey Consensus had underlined the importance of this and it was widely agreed that an open, critical, rule-based and non-discriminatory trade and financial system was needed. More work was needed to bring a focus on debt burden, intellectual property regimes, and other matters.

There was a move towards an operational framework for the right to development and Bangladesh hoped for a legal framework to follow. Debt relief, trade, migration, technical transfer and other concerns were not covered yet. Bangladesh had agreed to extend the term of high-level Task Force for two years and looked forward to working with them.

MOHAMMED LOULICHKI (Morocco) said that Morocco wanted to associate itself with the statements made by the Non-Aligned Movement and the African Group. Morocco accorded a great importance to the cause of human rights and took note with interest of the reports relating to the Programme on the Education on Human Rights, reflecting the efforts made by the Office of the High Commissioner for Human Rights. Since more than ten years, Morocco had begun to introduce progressively the education and the culture of human rights. In the continuation of its efforts, Morocco had established a national programme for the education on human rights, resulting from a close cooperation between governmental authorities, national institutions on human rights and non-governmental organizations. This five-year plan of action for the promotion of human rights was based on three pillars, such as the implication of pedagogic and educational institutions, youth education and a broad diffusion of those principles within a large public.

Morocco noted with satisfaction that measures were taken to remedy the imbalance concerning the composition of staff in the Office of the High Commissioner for Human Rights. The High Commissioner must step up efforts so that a positive effect on different cultures could be observed. It was indispensable that the people working in one determined region had at their disposal the necessary aptitudes to understand the specificities of the region in question. Morocco wished that the distribution of the posts financed by extra budgetary funds would also take into account the geographical equilibrium. The Working Group on the follow up of the Durban Declaration was considered to be one of the pillars of the mechanisms for the implementation of the decisions taken at this important conference.

ANIL FAHRIZA ADENAN (Malaysia) said two decades had passed since the adoption of the Declaration on the Right to Development by the United Nations General Assembly in 1986. Yet, millions of people were still trapped in a vicious circle of underdevelopment, poverty and hunger, as they were being deprived of their right to development, and inevitably their other basic rights and fundamental freedoms. Governments had the primary responsibility for the creation of national conditions favourable to the realisation of the right to development, but implementation of this right at the national level was intertwined with a multitude of factors operating at the international level. Efforts by national Governments to bring people into the mainstream of development were being hampered by shrinking policy space at the national level and an unfavourable international environment.

Given these circumstances, the international community, including the Council, should exert utmost efforts to progressively work towards operationalising the right to development. There was a need for a clear vision, enhanced coherence and effective coordination at both national and international levels to achieve this objective. The right to development was not just about poverty eradication: it also served as a bridge between economic, social and cultural rights on the one hand and civil and political rights on the other. There was a need for a genuine global partnership to adopt practical measures to realise this right to ensure economic growth and development for all.

ZHAO XING (China) said concerning the Secretary-General’s report, individual and group cases in several developing countries had been singled out, but the criteria for singling these out had not been given, therefore there were doubts about objectivity and fairness. China had always investigated cases in China, and had three times replied to the accusations from several Rapporteurs, yet the report did not mention the reply from the Chinese Government. China’s representative in Geneva had also written to the Council.

On the right to development, China supported the statement by Cuba on behalf of the Non-Aligned Movement. All countries should formulate strategies for sustainable development. The high-level Task Force should take both international and domestic dimensions into account. The limit of the Task Force lay in its focus on development aid, but this was just a small part of the whole issue of development. China hoped there would be a broadening of the study, with efforts focused on eradicating poverty, trade, technology transfer and other areas.

The reality concerning the Durban Declaration was that the anti-discrimination unit had had problems, and it was hoped there would be full financial and human resources to support the unit.

ZDZISLAW RAPACKI (Poland) said that Poland associated itself with the statement delivered today by the German Presidency of the European Union. Poland assured its continued support for the commendable work of the Office of the High Commissioner for Human Rights. Poland viewed the fight against corruption as a crucial component in the process of creating an environment in which good governance and the rule of law could flourish and human rights could be protected and promoted. In this context, the report of the High Commissioner on anti-corruption, good governance and human rights was welcomed.

Poland wished to raise two questions related to the report. First, it was asked how the possibility of enhancing effective international cooperation in the fight against corruption, with a view to protecting and promoting human rights, was perceived. Second, Poland wanted to know concerning the follow-up of the Warsaw Conference the opinion of the High Commissioner on the possibility of the preparation by the Office of the High Commissioner a compilation of best practices related to the fight against corruption in the context of the protection and promotion of human rights.

SERGIO ABREU E LIMA FLORENCIO (Brazil) said with regards to both Working Groups, on the right to development, in the last three years the Working Group on the right to development had largely benefited from the technical expertise of a task force, which had identified and applied criteria to assess the different expertise for an international partnership on development. Brazil recommended that in the future its work should encompass other regions such as Latin America and Asia, and that the task force expand its work to other areas, and not be limited to aid effectiveness. The impact of a large number of criteria on development was central, and required consideration by the task force. Development was a complex phenomenon, involving both domestic and international institutions. The role of national institutions should never overshadow the wide responsibility of the international community, which was clearly stated in the concept of development partnerships of the Millennium Development Goal number eight.

On the Working Group on the Durban Declaration, the mandate that was established in that document on the elaboration of international complementary standards to fulfil gaps should be implemented. Brazil firmly supported the idea of a study on complementary standards.

IDRISS JAZAIRY (Algeria), speaking on behalf of the African Group, noted the intention to improve geographical representation among the staff of the Office of the High Commissioner for Human Rights, especially regarding the African region. The African Group shared concerns over possible damage to credibility of the Office and the United Nations as a whole due to unequal treatment. On the right to development, the African Group encouraged support for the Working Group on the right to development and implementation of its work. The African Group supported an International Convention on the Right to Development, in which the Working Group should integrate its activity with the resolutions 61/169 of the General Assembly.

On racism xenophobia and associated intolerance, the African Group underlined that this issue came directly under the aegis of the High Commissioner’s Office, and it had emphasized concerns regarding the operation of this body in order for its activities to be re-launched. The African Group asked the High Commissioner to re-launch this important mechanism and report actions taken as soon as possible. It also would be grateful for a response to earlier questions concerning commemoration of Universal Declaration of Human Rights.

FRANCISCOS VERROS (Greece) said it was indeed regrettable that the situation of human rights in Cyprus remained a matter of grave concern. Numerous judgements, resolutions and decisions had been adopted by the Security Council, the General Assembly, the European Court of Human Rights and other international organizations and bodies. The Secretary-General’s actual report was unfortunately and sadly not nearly as balanced as previous ones. It omitted substantial elements of the situation. It was the sad reality that, despite the opening of several crossing points in the Green Line, parts of the occupied territories of Cyprus remained inaccessible to all Cypriots.

Property rights continued to be ignored and violated. The issue of missing persons remained of primary importance for their relatives, as well as for the respect of human rights principles themselves. Though positive steps towards settling the issue had been taken, it was unacceptable that in some cases no concrete traces of individuals could be found. Thirty-three years after the military occupation of Cyprus by a foreign country, no substantial progress had been achieved. Greece welcomed the continuing interest of the Secretary-General and of the Council on the situation in Cyprus.

FAZIL CAN KORKUT (Turkey) said Turkey could not comment in detail on Cyprus. The present report was more balanced, but failed to reflect the full picture. Greek rejection of the United Nations plan and the subsequent impasse had been all but forgotten. The Greek Cypriot authorities had no authority over the island as a whole. Turkey concurred with the assertion that there would be great benefit in a negotiated settlement, but found Greek objections and politicization did not contribute and undermined the process. Both the Greek Cypriot Representative and the Greek Representative persisted in making baseless accusations. It was indisputable that Turkish military presence was legitimate, yet Greeks saw this as an invasion and occupation whereas in fact it was human rights violations over the Turkish population that were at issue. A recent controversy over participation of Turkish delegates at an environmental conference highlighted the problems faced.

FRANCISCO XAVIER ESTEVES (Portugal) said that the report on economic, social and cultural rights provided a view on the main activities of the United Nations related to economic, social and cultural rights. Portugal wanted to thank the Office of the High Commissioner for Human Rights for its work and the High Commissioner as well for her dedication. The promotion and protection of human rights went along with the enhancement of economic, social and cultural rights and these were seen as the key to development and peace in the world.

ALEX VAN MEEUWEN (Belgium) said the creation of the Council opened up new perspectives on the theme of regional agreements in human rights, as the Council met more often, and could react more promptly to events and concentrate on operational issues. This would allow the use of varying methods of action to reach goals by adapting these to the situation or the problems to be studied. The information contained in the reports of the High Commissioner showed a positive tendency in the development and reinforcement of active regional mechanisms that were operating in the field of human rights.

With regards to the last session of the Working Group on the Durban Declaration, discussions had been of high quality, and the discussion with the five experts had been very helpful, showing that their task would be vast. The Committee on the Elimination of Racial Discrimination would also contribute to the work of the Group in the future, bringing an indispensable perspective, based on many years of experience, which should be taken into account during the discussion of complementary norms.

MALIK OZDEN, of Europe-Third World Centre, said since the creation of the high-level Task Force in 2004, the activities of the Working Group on the right to development was limited to approving the proposals made by the Task Force for the establishing of criteria on a world partnership for development in the context of the Millennium Development Goals. This situation was grave, as the Working Group was moving ever further from its initial mandate. It was deplorable that the order of the day of the Working Group was limited to this approval, when the activities of the Task Force were far from the mandate of the Working Group. The Working Group should become a permanent oversight mechanism for the realisation of the right to development, with an annual report with recommendations to the Council.

ANDRES SANCHEZ, of Colombian Commission of Jurists, said that numerous and frequent violations of the right to life, freedom and personal security in Colombia were noted and could be attributed to the army and Government policies. The indigenous people were still in danger of being displaced. The total number of internally displaced persons amounted to three million people. Because of the still existing links between the public authorities and the paramilitary, the justice was transitional and should be avoided. They were held responsible for murders, violence and other charges. The Colombian Commission of Jurists requested that there should be a compliance with the declaration and that the Council should adopt an instrument to follow up the declaration.

PATRIZIA SCANNELLA, of Amnesty International, said the trend towards abolition and restriction in the application of the death penalty had continued, according to the United Nations Secretary-General, but executions persisted in 25 countries in 2006, with China accounting for the vast majority of these. The Council should build on the important work of the Commission on the question of the death penalty, including by reminding States of their international obligations regarding safeguards on the use of the death penalty and by calling for a universal moratorium on executions in countries that retained the death penalty, which was a violation of fundamental human rights.

CESAR HENRIQUEZ, of Franciscans International, said the situation in Colombia was still critical. This had become worse with the implementation of new democratic security policies by the Government, and paramilitary and State agents were involved in violations and criminal action. Over 9,000 members of supposedly illegal groups had been killed between 2002 and 2006. The Office of the High Commissioner for Human Rights had warned about the systematic practice of extrajudicial killing by public order authorities, disguised as deaths “in combat.” The influence of paramilitaries in economic and social arenas had been observed. The influence of paramilitaries in the election results of 2002 and 2006 was noted and there were concerns about the judicial authorities. There had been threats to judges involved in investigation of the link between paramilitaries and public servants, and victims seeking justice.

YORIO SHICKAWA, of International Association of Democratic Lawyers, wanted to make a short comment about the World Programme for Human Rights Education. Referring to a report by the United Nations High Commissioner for Human Rights saying that all Member States were encouraged to identify and support a resource centre for collecting and disseminating related initiatives and information, article 9 of the Constitution of Japan was mentioned. To prevent war, this article provided for the elimination of military forces, which were violent means, and therefore embodied peace without armed forces. It was vital not only to protect article 9, but also to disseminate its universal value throughout the world.

JULIA FEDERICO, of Women’s International League for Peace and Freedom, said the human rights of displaced persons in Colombia had not been respected as the Constitution demanded, and a grave humanitarian crisis persisted with respect to these persons. The institutional response to victims, with differential and gender perspective, continued to be a strong challenge for the authorities. The human rights violations related to the violence and armed conflict in Colombia would continue, unless all serious and concrete efforts were maintained to monitor, report and address the human rights crisis in the country.

DAVID LITTMAN, of Association for World Education in a joint statement with World Union for Progressive Judaism, said the report had mentioned the importance of the fight against impunity and forced disappearances. He asked how individual complaints on these would be addressed by the Committee on Forced Disappearances. There was the case of Iranian Jews who had disappeared at the Pakistan border many years ago, and the issue of Holocaust denial, from which Iran had disassociated itself. Iran’s President had called for Israel to be wiped off the map, had made his claim concerning the “fabrication” of the Nazi Holocaust, and there had been other claims by and events concerning Iran. What would the High Commissioner propose regarding Iran’s defiance of the 1945 UN Charter and Genocide Convention?


Right of Reply

JAMES DROUSHIOTIS (Cyprus), speaking in a right of reply, said that concerning a statement made by Turkey, there were numerous resolutions of the United Nations Security Council referring to the occupation of Cyprus and demanding the immediate withdrawal of the Turkish troops. The rejection of the United Nations Annan Plan by the Greek Cypriots in a referendum was democratically taken and should be respected. It did not exempt Turkey from its obligations as the occupying country.

Mr. Droushiotis referred to the so-called “isolation” of the Turkish Cypriot community. This emanated solely from the occupation of the northern part of the island. Indeed, it was a non substantiated allegation with which the Turkish side attempted to promote a separate political entity in Cyprus in violation of UN resolutions. Cyprus placed a high importance on the monitoring function of the Office of the High Commissioner for Human Rights. Accurate monitoring from crises was needed in the United Nations machinery. The newly founded Council needed to effectively carry out its mandate, unlike the wishes of the Turkish Representative, which he had stated.

JUNEVER MAHILUM WEST (Philippines), speaking in a right of reply to a statement by the Asian Forum for Human Rights and Development about a specific incident in the Philippines, said that the reference had no bearing on the agenda item being discussed. Effective debate could result only if all participants confined themselves to the particular topic under consideration.

The attention of all concerned was drawn to the fact that the Council was constantly trying to conduct sessions in a timely and orderly manner, and, like yesterday and today, had to resort to continuous sessions with no lunch breaks. All should cooperate in helping the proceedings of the Council follow their orderly and timely path by keeping interventions to the agenda item being discussed.

ASHGUL UGDUL (Turkey), speaking in a right of reply, said with regards to the intervention of the Greek Cypriot Representative, all distinguished delegates were surely tired of listening to these repetitive and futile interventions. The Council was meant to embody the conscience of humanity for peace, development and human rights. This was a responsibility the Council should adhere to, changing its working process from confrontation to development. The Greek Cypriot Representative portrayed the Cyprus question as a problem of invasion and occupation, and directed a series of unfounded allegations against Turkey. There was no occupation of Cyprus.

Reports Before the Council

The Council has before it the Note by the High Commissioner (A/HRC/4/43), transmitting the report of the Thirteenth Meeting of Special Rapporteurs/ Representatives, Independent Experts and Chairpersons of Working Groups of the Special Procedures of the Commission on Human Rights and of the Advisory Services Programme, which was held in Geneva from 19 to 23 June 2006.

The Council has before it the report of the Special Representative of the Secretary-General for children and armed conflict (A/HRC/4/45), which highlights the significant advances made in the efforts of the international community to ensure tangible protection for children affected by armed conflict and outlines strategies that will be undertaken to ensure the institution of an “era of application” of international child protection standards and norms since the adoption of Security Council resolution 1612 (2005) on 26 July 2005. The Special Representative recommends that the Human Rights Council support the monitoring and reporting mechanism for children and armed conflict in all situations of concern, and that it recognize and make an integral part of the agenda of its future sessions the five categories of grave violations against children other than child soldiering.

The Council has before it the report of the United Nations High Commissioner for Human Rights on combating defamation of religions (A/HRC/4/50), which focuses on activities undertaken by States, the Office of the United Nations High Commissioner for Human Rights and human rights mechanisms to support intercultural dialogue, respect and tolerance. The report concludes that Member States, the United Nations system, and the wider international community, including non-governmental organizations, are continuing to take steps to counter religious intolerance. Nevertheless, intolerance and discrimination on the grounds of religion and belief continue to be a problem. The political will of Member States is paramount to counter this phenomenon effectively.

The Council has before it the note by the Secretariat on Efforts by the Office of the United Nations High Commissioner for Human Rights for universal ratification of the International Convention on the Elimination of All Forms of Racial Discrimination (A/HRC/4/51), outlining the progress achieved since the last report to the Commission on Human Rights. Among other things, it notes that Andorra and Saint Kitts and Nevis had become parties to the Convention, Djibouti had become a signatory and five other States had signed but not yet ratified the Convention: Bhutan, Grenada, Guinea Bissau, Nauru and Sao Tome and Principe.

The Council has before it the report of the High Commissioner for Human Rights on the right to development (A/HRC/4/55), which addresses developments in respect of the right to development over the last year, and outlines the activities of the Office of the High Commissioner for Human Rights in that regard. Among other things, the OHCHR undertook preparations for the implementation of the recommendations of the seventh session of the Working Group on the Right to Development, and for the third session of the high-level task force on the implementation of the right to development, which was held from 22 to 26 January 2007 in Geneva.

The Council has before it the report of the Secretary-General on human rights in the occupied Syrian Golan (A/HRC/4/56), submitted in accordance with the Council resolution 2/3, "“Human Rights in the occupied Syrian Golan”, in which it requested the Secretary-General to bring that resolution to the attention of all Governments, the competent United Nations organs, the specialized agencies, international and regional intergovernmental organizations and international humanitarian organizations and to give it the widest possible publicity. The report outlines the steps taken by the Secretary-General in that regard.

The Council has before it the annual report of the High Commissioner for Human Rights on the issue of Palestinian pregnant women giving birth at Israeli checkpoints (A/HRC/4/57), which addresses developments in respect of this issue since the last report submitted to the Commission on Human Rights. On 6 February 2007, OHCHR received a report compiled by the Palestinian Ministry of Health according to which, from 2000 to 2006, 69 cases of Palestinian pregnant women giving birth at Israeli checkpoints.

The Council has before it the report of the Secretary-General on progress on reports and studies relevant to cooperation with representatives of United Nations human rights bodies (A/HRC/4/58), which contains a compilation and analysis of information on alleged reprisals against private individuals and groups who seek to cooperate with the UN and representatives of its human rights bodies. The report underlines the continued seriousness of such reprisals, as victims suffer violations of the most fundamental human rights. The gravity of reported acts of reprisal reinforces the need for all representatives of United Nations human rights bodies in cooperation with States to continue to take urgent steps to help prevent the occurrence of such acts.

The Council has before it the report of the High Commissioner on the question of human rights in Cyprus (A/HRC/4/59) [not immediately available].


The Council has before it the note of the Secretariat on the report of the United Nations High Commissioner for Human Rights on the human rights situation in the Democratic People’s Republic of Korea (A/HRC/4/60), which details efforts of the Office of the High Commissioner for Human Rights to engage in a comprehensive dialogue with the authorities of the Democratic People’s Republic of Korea with a view to establishing technical cooperation programmes in the field of human rights.

The Council has before it the report of the Secretary-General on Human rights and unilateral coercive measures (A/HRC/4/61), summarizing replies received in response to a request for information sent to Member States. Responses were received from the Governments of Colombia, Cuba, Mexico and Trinidad and Tobago.

The Council has before it the report of the Secretary-General on the question of the realization in all countries of economic, social and cultural rights (A/HRC/4/62). Section I provides a brief overview of main activities of the UN human rights mechanisms and of the OHCHR related to economic, social and cultural rights during the year 2006. Section II elaborates upon the realization of economic, social and cultural rights in conflict and post-conflict societies. The report discusses how, in spite of the constant reaffirmation of the interdependence of all human rights, the protection and realization of economic, social and cultural rights in many areas of law and practice, including in conflict and post-conflict settings, still appear weaker than for other rights.

The Council has before it the report of the High Commissioner on progress on reports and studies relevant to the promotion of the enjoyment of
the cultural rights of everyone and respect for different cultural identities (A/HRC/4/64), which recalls the latest activities and reporting on the subject matter including a one-day informal consultation on cultural rights undertaken by OHCHR in conjunction with the Observatory for Diversity and Cultural Rights and the High Commissioner's report (E/CN.4/2006/40) prepared for submission to the sixty-second session of the Commission, which contained a number of related recommendations and suggestions with regard to this topic.

The Council has before it the report of the Secretary-General on the operations of the United Nations Voluntary Fund for Victims of Torture (A/HRC/4/66), which provides updated information on the activities of the Fund since the publication of the Secretary-General’s report to the General Assembly (A/61/226) on 28 July 2006, including further progress in implementing the review recommendations of the Office of Internal Oversight Services. It also describes the financial situation of the Fund and its needs for 2008.

The Council has before it the report of the Secretary-General on the joint workplan of the Division for the Advancement of Women and the Office of the United Nations High Commissioner for Human Rights (A/HRC/4/68-E/CN.6/2007/5), providing a review of the implementation of the 2006 joint workplan of the Division for the Advancement of Women and the Office of the High Commissioner for Human Rights. It also contains the joint workplan for 2007. In conjunction with the review of the 2006 workplan, the report looks at support for human rights treaty bodies; interaction with special procedures mandate holders; and support for intergovernmental bodies. With regard to the workplan for 2007, the report treats the topics of support for human rights treaty bodies; support for intergovernmental bodies and special procedures; technical cooperation, advisory services and meetings; awareness-raising and outreach; and interagency cooperation.

The Council has before it the a note of the Secretary-General transmitting the report of the United Nations Development Fund for Women on the elimination of violence against women (A/HRC/4/69-E/CN.6/2007/6), documenting the activities undertaken by United Nations Development Fund for Women (UNIFEM) in 2006 to eliminate violence against women and to manage the United Nations Trust Fund in Support of Actions to Eliminate Violence against Women.

The Council has before it the report of the United Nations Conference on anti-corruption, good governance and human rights (A/HRC/4/71), which contains a summary of proceedings and the Chairperson's statement of the Conference on anti-corruption, good governance and human rights, organized in Warsaw on 8 and 9 November 2006 by the Office of the High Commissioner for Human Rights (OHCHR).

The Council has before it the report of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises (A/HRC/4/74), describing principles and characteristics of human rights impact assessments for business, including similarities to environmental and social impact assessments, and provides updates on current initiatives. Among the observations in its Outlook chapter, the report concludes that, while human rights impact assessments are not currently required by any law, lending institution or standard, it should be reasonable to expect that such assessments will be undertaken for significant prospective investments in conflict zones or areas where human rights abuses have been prevalent.

The Council has before it the Report of the High Commissioner on progress in the implementation of the recommendations contained in the study on the human rights of persons with disabilities (A/HRC/4/75), which sets out progress on the implementation of the recommendations contained in the study on human rights and disability and the achievements of the objectives set forth in the programme of work of the Office of the High Commissioner for Human Rights in relation to the human rights of persons with disabilities. The report recommends that the Human Rights Council maintain the issue of human rights and disability under consideration and suggests that the Council might wish to consider requesting the High Commissioner to submit annual analytical thematic reports on human rights and disability.

The Council has before it the Report of the High Commissioner for Human Rights on indigenous issues (A/HRC/4/77), which notes that indigenous peoples remain among the poorest sectors of society in the countries in which they live, notwithstanding progress in legal protection and recognition through national legislation and international norms. The report concludes by noting that indigenous issues are increasingly mainstreamed into the work of the human rights mechanisms and the technical cooperation activities of the OHCHR. It also acknowledges the ongoing discussions to develop universal standards on the rights of indigenous peoples.

The Council has before it the report of the Secretary-General on the question of the death penalty (A/HRC/4/78), which contains information covering developments during 2006 on that topic. The report indicates that the trend towards abolition of the death penalty continues. This is illustrated, inter alia, by the increase in the number of countries that have abolished the death penalty and by the increase in ratifications of international instruments that provide for the abolition of this form of punishment.

The Council has before it the report of the Secretary-General on the effective implementation of international instruments on human rights (A/HRC/4/81), which looks at developments in the human rights treaty body system, including harmonization of working methods; treaty body reform; streamlining reporting procedures; follow-up to concluding observations; individual complaints procedures; dissemination of the work of the treaty bodies; the Optional Protocol to the Convention against Torture (creating the international Subcommittee for the Prevention of Torture); integration of a gender perspective in the work of the treaty bodies; and the transfer of the responsibility for support to the Committee on the Elimination of Discrimination against Women to the Office of the High Commissioner for Human Rights.

The Council has before it the report of the Secretary-General on impunity (A/HRC/4/84), which notes that, on the current issue of impunity, a comprehensive annual report (E/CN.4/2006/93) was submitted to the sixty-second session of the Commission on Human Rights, and the information in the report remains relevant.

The Council has before it the report of the High Commissioner on the World Programme for Human Rights Education (A/HRC/4/85), which provides information on activities which took place from February to December 2006 with regard to the World Programme, supplementing an earlier report of the High Commissioner on the subject presented to the Commission on Human Rights in 2006 (E/CN.4/2006/90).

The Council has before it the report of the Office of the High Commissioner for Human Rights on human rights and transitional justice (A/HRC/4/87), which outlines the progress achieved by OHCHR in the development of lessons learned and best practices since the last report to the Commission on Human Rights (E/CN.4/2006/93). Among others, at the beginning of 2006, the first series of the OHCHR rule of law policy tools addressing different aspects of transitional justice were published. This included tools on truth commissions; prosecution initiatives; vetting and institutional reform; mapping the justice sector in post-conflict States; and legal systems monitoring. The report concludes that the OHCHR has continued to enhance its leading role in the area of human rights and transitional justice, including through the development of transitional justice policies, tools and best practices and in assisting in the conceptualisation of transitional justice mechanisms.

The Council has before it the report of the High Commissioner on protection of human rights and fundamental freedoms while countering terrorism (A/HRC/4/88) [not immediately available].
The Council has before it the report of the Secretary-General on national institutions for the promotion and protection of human rights (A/HRC/4/91), which concludes that assistance to national human rights institutions is a key part of the efforts of OHCHR to engage countries in closing protection gaps.

The Council has before it the report of the Secretary-General on the process currently utilized by the International Coordinating Committee to accredit national human rights institutions in compliance with the Paris Principles and ensure that the process is strengthened with appropriate periodic review and on ways and means of enhancing participation of national human rights institutions in the work of the Commission (A/HRC/4/92), which outlines the progress achieved since the last report to the sixty-second session of the Commission on Human Rights entitled “Effective functioning of Human Rights Mechanisms: National Institutions and Regional Arrangements” (E/CN.4/2006/102).

The Council has before it the report of the High Commissioner on Composition of the staff of the Office of the United Nations High Commissioner for Human Rights (A/HRC/4/93), which addresses developments in respect of the composition of OHCHR staff during the year 2006. The report concludes that the action plan contained in document E/CN.4/2006/103 and its implementation to date reflect the high priority that the High Commissioner is giving to the improvement of geographical diversity in OHCHR. Additional measures being developed by the Office of Human Resources Management pursuant to General Assembly resolutions will further strengthen these efforts.

The Council has before it the report of the Secretary-General on advisory services and technical cooperation in the field of human rights (A/HRC/4/94), updating document E/CN.4/2006/104 and focuses on the work of the Board of Trustees of the Voluntary Fund for Technical Cooperation in the Field of Human Rights.

The Council has before it the report of the Secretary-General on the role and achievements of the Office of the High Commissioner for Human Rights in assisting the Government and people of Cambodia in the promotion and protection of human rights (A/HRC/4/95), providing an account of the activities in Cambodia of the OHCHR from January to mid-December 2006. During the reporting period, the Office continued to monitor the overall human rights situation. It responded to reports of violations of human rights, regularly bringing its concerns to the attention of provincial and national authorities for their intervention and resolution. The present High Commissioner made her first visit to Cambodia in May, during which she focused on the centrality of an independent, professional judiciary in protecting human rights and freedoms, and on the ability of civil society actors to work freely and safely. The Office also facilitated the second mission of the Special Representative of the Secretary-General for human rights in Cambodia in March.

The Council has before it the report of the High Commissioner on assistance to Sierra Leone in the field of human rights (A/HRC/4/96), which addresses developments regarding the assistance to Sierra Leone in the field of human rights over the last year. Sierra Leone continues to enjoy relative peace and political stability even after the termination of the mandate of the UN Assistance Mission in Sierra Leone (UNAMSIL) on 31 December 2005. However, the justice system remains weak and requires considerable support and intervention to address perennial problems such as lack of access to justice and significant delays in trials. While OHCHR remains committed to assisting the Government and people of Sierra Leone in addressing considerable human rights needs of the country, it is necessary that the Government strengthen its commitment to the promotion and protection of human rights.

The Council has before it the Report of the United Nations High Commissioner for Human Rights on the human rights situation and the activities of her Office, including technical cooperation, in Nepal (A/HRC/4/97), which looks at the human rights situation in the context of the peace process in Nepal and covers the period from September 2006 up to the beginning of January 2007. With the cessation of hostilities, conflict-related violations ended and the rights to freedom of assembly and expression were largely restored. However, many challenges remain with regard to ending ongoing serious abuses, upholding and strengthening respect for human rights, which must be addressed in the short and long term. Ending impunity for gross human rights violations as well as deep-rooted discrimination and other abuses against marginalized groups are among those challenges.

An addendum to the report contains the report of the High Commissioner on her visit to Nepal from 19 to 24 January 2007.

The Council has before it the report of the High Commissioner on the situation
of human rights in Afghanistan and on the achievements of technical assistance in the field of human rights (A/HRC/4/98), which says that The Afghanistan Compact and the Afghanistan National Development Strategy provide a positive framework for development and improvements in the enjoyment of human rights. There are serious efforts towards reform in key sectors and a number of achievements, including in the security and justice sectors. However, Afghanistan’s transition is overshadowed by the armed conflict which intensified in 2006 and which poses challenges to political, social and economic achievements.

The Council has before it the report of the High Commissioner on human rights in the administration of justice, in particular juvenile justice (A/HRC/4/102), [not immediately available].

The Council has before it the updated report of the Office of the High Commissioner for Human Rights on human rights and forensic science (A/HRC/4/103), which refers to activities undertaken from January 2002 to December 2006 with respect to the database and roster of forensic experts; the consolidation and dissemination of standards; the special procedures and forensic science; training and capacity-building activities; and the use of forensic experts in fact-finding missions and commissions of inquiry. It also refers to replies received from Governments to a note verbale soliciting information on the subject.

The Council has before it the report of the Secretary-General on the implementation of resolution 2005/42, integrating the human rights of women throughout the UN system (A/HRC/4/104), which contains a summary of human rights treaty body activities aiming to promote gender equality and women's human rights and traces how various special procedures have addressed gender and women's rights issues in their respective mandates. The report also provides information on the work of the OHCHR on gender and women's human rights, at headquarters and in the field, and brief conclusions and recommendations pertaining to greater protection and promotion of women's human rights.

The Council has before it the report of the High Commissioner on human rights and mass exoduses (A/HRC/4/105), [not immediately available].

The Council has before it the report of the Secretary-General on public information activities in the field of human rights, including the World Public Information Campaign on Human Rights (A/HRC/4/106), which details global activities undertaken in line with the World Public Information Campaign on Human Rights. The report does not contain any specific recommendations. It includes activities performed by the Office of the High Commissioner for Human Rights, the United Nations information services in Geneva and Vienna, and other United Nations information centres. It describes a variety of products and services addressed to different publics and audiences, with a special emphasis in the use of modern tools of communication such as websites and webcasts.

The Council has before it the report of the Secretary-General on the rights of persons belonging to national or ethnic, religious and linguistic minorities (A/HRC/4/109), covering developments concerning minorities and activities undertaken by the United Nations, with a particular focus on the work of the independent expert on minority issues and the Working Group on Minorities. The report concludes that the Council is mandated to serve as a forum for dialogue on thematic issues on all human rights and, therefore, may wish to consider how it can maintain and improve existing mechanisms, including a forum on minority issues offering opportunities for the meaningful participation of civil society and a special procedure of the Council.

The Council has before it the report of the Secretary-General on the protection of human rights in the context of human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) (A/HRC/4/110), which concludes that, while the various contributions show the wide range of challenges still facing the international community in dealing with the human rights aspects of HIV/AIDS, there are a growing and diverse number of initiatives which have been undertaken with positive results.

The Council has before it the report of the Regional Conference of the Americas on Progress and Challenges in the Programme of Action against Racism, Racial Discrimination, Xenophobia, and Related Intolerance (A/HRC/4/111), containing the report of the Regional Conference held in Brasilia from 26 to 28 July 2006.

The Council has before it the report of the High Commissioner on combating defamation of religions (E/CN.4/2006/12), which focuses on activities undertaken by States, the Office of the United Nations High Commissioner for Human Rights, human rights mechanisms and the United Nations system to support intercultural dialogue, respect and tolerance. The report concludes that Member States, the UN system and the wider international community, including non-governmental organizations, are taking steps to counter religious intolerance.

The Council has before it the report of the High Commissioner containing a draft basic document on the development of a racial equality index (E/CN.4/2006/14), which addresses the different aspects involved in the construction of the index, with a view to assessing its feasibility. The advantages and disadvantages of constructing the index are identified, the difficulties and obstacles are discussed and some solutions are proposed.

The Council has before it the report of the Secretary-General on combating defamation of religions (A/61/611), which provides an overview of reports relevant to the issue of defamation of religions, and promotion of tolerance for all religions and their value systems by the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, the Special Rapporteur on freedom of religion or belief and the United Nations High Commissioner for Human Rights. The report concludes that the measures it outlined are indicative of a will on the part of Member States, the UN system and the wider international community to counter religious intolerance. It also says that continuous reporting on allegations of incidents involving intolerance and discrimination on the grounds of religion or belief indicate that much more needs to be done.
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