Press releases Human Rights Council
HUMAN RIGHTS COUNCIL CONTINUES HIGH-LEVEL SEGMENT AND HEARS STATEMENTS BY SIXTEEN DIGNITARIES
03 March 2009
Share
Human Rights Council
MORNING
3 March 2009
Sixteen dignitaries from the Czech Republic, speaking on behalf of the European Union, Luxemburg, Cuba, Belgium, Indonesia, Netherlands, Botswana, Denmark, Jordan, Germany, Kazakhstan, Italy, Equatorial Guinea, Portugal, Sudan and Serbia this morning addressed the High-Level Segment of the Human Rights Council.
In addition to describing national efforts to promote and protect human rights, a number of speakers raised the importance of the upcoming Durban Review Conference, and stressed the need to ensure that the conference would not undermine certain freedoms. The need for international cooperation and solidarity to help overcome the effects of the economic and financial crises was underscored.
Speakers raised the situation of human rights abuses in a number of countries and territories. Many referred to the Universal Periodic Review process of the Council, giving mixed reviews of its performance so far.
Karel Schwarzenberg, Minister of Foreign Affairs of the Czech Republic, speaking on behalf of the European Union, said today the Human Rights Council, having completed the institution-building process, should be able to assess whether it was succeeding in the effective employment of mechanisms and procedures, and through them in examining human rights situations in a professional, independent, non-selective, unbiased and complex manner. The fact that very serious human rights violations could not be adequately addressed on account of regional or ideological solidarity did little for the credibility of the Human Rights Council.
Jean Asselborn, Vice Prime Minister of Luxemburg, said that the capacity of the international community to show solidarity was now being put to the test. The solution of the financial and economic crisis would rely on a strengthening of international cooperation. It was important to maintain strategies to combat poverty, to pursue with determination the realization of the Millennium Development Goals and to fully live up to their engagements in respect to public development aid.
Maria Esther Reus Gonzales, Minister for Justice of Cuba, said that during its brief lifespan, the Council had managed to strengthen effective practices for a truly universal scrutiny of the human rights situation in the world, and a climate of respect and confidence that were essential for its work. The Council also demonstrated its capacity to tackle emergency situations requiring the attention of the international community.
Karel de Gucht, Vice Prime Minister of Belgium, said that the Human Rights Council was born from the wish of the international community to have an efficient mechanism to reinforce the international human rights system. Thus, today, its main concern should be those men and women whose rights were violated and who were denied their fundamental freedoms, whoever the violators of those rights may be. It was regrettable that that which seemed to be an ordinary way of life, such as the freedom to eat to sate one's hunger, was not so for a too great number of people in the world.
Hassan Wirajuda, Foreign Minister of Indonesia, said that Indonesia regarded development, human rights and democracy as inseparable. The strong correlation between development and democracy reflected the fact that economic development was conducive to democracy. Indonesia shared the view that beyond a certain point, economic progress made it difficult to avoid democratization as people began to place a growing emphasis on free choice in politics and also began to demand civil and political rights.
Maxime Verhagen, Minister for Foreign Affairs of the Netherlands, said the protection and promotion of human rights, both at home and abroad, was central to the Council’s task. For without respect for human rights, there would be no sustainable security or development. A safer, more prosperous world in which human rights were respected was in the Council’s true common interest.
Dikgakgamatso N. Seretse, Minister for Justice Defence and Security of Botswana, said that the current global economic and financial crises threatened to reverse the marginal gains that countries, particularly developing ones, were making to achieve the internationally agreed development goals for the full enjoyment of fundamental human rights. The holding of the Human Rights Council's Special Session last week demonstrated that the Council had the ability to address promptly and effectively the relevant and urgent thematic issues aimed at furthering human rights protection and promotion.
Per Stig Moller, Minister for Foreign Affairs of Denmark, said that the Universal Periodic Review clearly underlined the pivotal role for independent international monitoring in holding States responsible for the implementation of human rights. All States must cooperate fully and in good faith with the international monitoring mechanisms. Denmark encouraged all States to issue a standing invitation to all Special Procedures established by the Human Rights Council and to honor such invitations in practice.
Hala Latouf, Minister for Social Development of Jordan, said that Jordan had taken concrete actions to reform national laws, in order to ensure the advancement and promotion and protection of gender equality as well as to prevent and eliminate all forms of violence against women, in particular “crimes committed in the name of honour”. Jordan took this problem very seriously.
Also speaking this morning were the following dignitaries: Günter Nooke, Federal Commissioner for Human Rights and Humanitarian Aid of Germany; Nurlan Danenov, Vice Minister of Foreign Affairs of Kazakhstan; Vincenzo Scotti, Vice Minister for Foreign Affairs of Italy; Salomon Nguema Owono, Vice Minister of Human Rights and Social Affairs of Equatorial Guinea; Teresa Ribeiro, Deputy Minister for Foreign Affairs of Portugal; Abdel Daiem Zumrawi, Deputy Minister for Justice of Sudan; and Marko Karadzic, State Secretary of the Ministry for Human and Minority Rights of Serbia.
The Council will resume its meeting this afternoon at 3 p.m. to continue with its High-Level Segment.
High-Level Segment
KAREL SCHWARZENBERG, Minister of Foreign Affairs of the Czech Republic, speaking on behalf of the European Union, said today the Human Rights Council, having completed the institution-building process, should begin to reflect on the shortcomings of the Commission, which it had now overcome. In particular, it should be able to assess whether it was succeeding in the effective employment of mechanisms and procedures, and through them in examining human rights situations in a professional, independent, non-selective, unbiased and complex manner. Success could not be measured by the number of resolutions, special sessions, panels or Working Groups. The goal was not to do more, but to do better. The Council had to remain focused on its primary mandate, human rights.
The fact that very serious human rights violations could not be adequately addressed on account of regional or ideological solidarity did little for the credibility of the Human Rights Council. Over the last few decades, it had been the European Union's firm belief that human rights could only be promoted and protected by abiding by fundamental principles; that human rights were truly universal, indivisible and interdependent; civil, political, economic, social and political rights should be established and maintained in a balanced way; and the respect of human rights was only possible in an environment where security was organised and guaranteed, and, in a system, which was both just and fair, where people could participate in the decision-making process. The rights of an individual human being, in particular his or her value and dignity, could not be subject to cultural relativism, counter-terrorism measures, or the level of economic development.
If the Council were to be successful, it required cooperation and support from all States - including those which were not currently members. After all, the protection and promotion of human rights was, and remained to be, a matter for the entire international community. The European Union was committed to the fight against all forms of racism and discrimination, and engaged constructively in the preparatory process and was ready to fully participate in the Durban Review Conference next month - nevertheless, the European Union could not subscribe to the outcome of this Conference where the result would limit, or undermine human rights and fundamental freedoms.
JEAN ASSELBORN, Vice Prime Minister of Luxembourg, said that the meeting of the Human Rights Council took place in a very special context since the major part of the world was struck by an unprecedented economic and financial crisis. Many economies of the developed countries and the countries in transition were now in recession. The result of this was poverty that the world wanted to reduce but was now increasing. According to the World Bank 53 million persons were in danger of being trapped in the vicious circle of poverty.
In this situation, the capacity of the international community to show solidarity was now put to the test. The solution of the crisis would rely on a strengthening of international cooperation. It was important to maintain strategies to combat poverty, to pursue with determination the realization of the Millennium Development Goals and to fully live up to their engagements in respect to public development aid. Luxemburg would spend this year close to 0,92 percent of its GDP in development aid. Further, the food crisis was far from being over. This crisis was affecting Africa in particular.
Luxembourg invited the Human Rights Council to show its solidarity with the Democratic Republic of the Congo and to strengthen its partnership with the country. The population suffered from malnutrition and diseases. Education remained basic. Some spoke of a social tsunami. Tensions had led to new waves of refugees and displaced persons. The sexual violence against women was disgusting and continued in a massive scale. Impunity could not be tolerated. The Human Rights Council had to continue monitoring the situation as it had done recently in a Special Session.
MARIA ESTHER REUS GONZALEZ, Minister of Justice of Cuba, said that the Council was the result of the urgent necessity of facing up to the profound disrepute into which the Commission on Human Rights had sunk, trapped by double standards, confrontation and political manipulation imposed on its work by the United States and its allies. As it should be, the Council was subordinated to the United Nations General Assembly. There were no dangers of veto or impositions to hold back its work. The Council bore witness to solid democratic foundations in its working methods and in the drafting of its agenda. United States neo-conservatives had disqualified and furiously attacked it.
The Non-Aligned Movement had denounced the fact that it had not been possible to put an end to all the mandates of countries established on the discriminatory and selective bases that characterized the treatment of agenda item nine of the Commission on Human Rights. Nevertheless, Mrs. Gonzalez said the positive balance of the past three years of work of the Council could not be rationally or objectively denied. During its brief lifespan, the Council had managed to strengthen effective practices for a truly universal scrutiny of the human rights situation in the world, and a climate of respect and confidence that were essential for its work. The Council also demonstrated its capacity to tackle emergency situations requiring the attention of the international community. A milestone in the work of the Council was the holding of two Special Sessions to look after thematic matters; one, on the world food crisis and the realization of the human right to food, and the second, on the current economic and financial crisis.
The international community hoped that all could respond collectively and effectively to the great expectations that had been generated by the arrival of a new United States Government, and that all could ensure a just and efficacious response to the colossal crisis affecting humankind. While an unjust and excluding international economic and political order persisted, the Council must continue to call for a democratic and equitable world order. Recently, Cuba presented its report to the Universal Periodic Review mechanism. The positive results of this review constituted an important recognition of the work of the Cuban Revolution on behalf of human rights. Starting in July, under the presidency of Egypt, the non-aligned countries would continue working with the same maturity, commitment and determination. The blockade against Cuba had been lifted, underscored Mrs. Gonzalez. The people of Cuba were now permitted, in peace, to build their own future of justice, equality and dignity for all their sons and daughters.
KAREL DE GUCHT, Vice Prime Minister and Foreign Minister of Belgium, said the Human Rights Council was born from the wish of the international community to have an efficient mechanism to reinforce the international human rights system. Thus, today, its main concern should be those men and women whose rights were violated and who were denied their fundamental freedoms, whoever the violators of those rights may be. It was regrettable that that which seemed to be an ordinary way of life, such as the freedom to eat to sate one's hunger, was not so for a too great number of people in the world. For many, it even seemed to be unattainable. These men, women and children deserved respect and protection - and it was the first responsibility of the State to protect these human beings, as well as their human rights and fundamental freedoms.
Too often, impunity prevailed. Victims had no possible recourse. This should be the primary concern of the Council - it should act to stop these human rights violations from taking place. It should consolidate and ensure the implementation of existing international law. Belgium was concerned by attempts by some to question these norms or deny their universality. In a world where ethnic, economic and religious tensions as well as nationalist tendencies were threatening to come to the fore, it was even more important to reaffirm the universality of these norms. The Universal Declaration of Human Rights was the most translated text in the world - it should, some day, become the most applied text in the world.
The Council also had to face up to new challenges, whilst respecting the existing judicial context. It had to use its instruments to treat the issues of specific countries, as well as thematic issues such as the fight against torture, and the fight against racism or discrimination. In this regard, the Durban Review Conference was being prepared - and its consensual aspect should be preserved. Racism and discrimination were a problem which affected all countries. Some concepts, such as defamation of religion, had no place in this process, as they impacted the bases on which the international system of protection of human rights was built. Human rights should protect individuals and their freedoms, and not religions as such. The Council also needed to continue to be able to address country-specific situations - the history of the United Nations had shown too well that ignoring these could lead to catastrophe. It was the common responsibility of the international community to act in a credible and efficient manner when grave human rights violations were committed.
HASSAN WIRAJUDA, Foreign Minister of Indonesia, said that it was imperative that the Council remained committed to ensuring respect for human rights in the Occupied Palestinian Territories, including the Gaza Strip. Indonesia was pleased that the Council had acted immediately and passed a firm resolution on such a crime against humanity. Nonetheless, they must also ensure that all resolutions on Palestine were effectively implemented, or else, the credibility of the Council would be at stake.
The global economic and financial crisis had not diminished Indonesia’s efforts to strengthen access of the poor and marginalized to justice, including social justice. To Indonesia, the economic, social and cultural rights of people and individuals were just as important as their political and civil rights. In addition to their own challenges, Indonesia was facing a new influx of irregular migrants from South Asia. These people were often victims of trafficking in persons and people-smuggling. They suffered enormous deprivation in their countries of origin and were treated with unspeakable cruelty on their journey to countries of destination.
Indonesia regarded development, human rights and democracy as inseparable. The strong correlation between development and democracy reflected the fact that economic development was conducive to democracy. Indonesia shared the view that beyond a certain point, economic progress made it difficult to avoid democratization as people began to place a growing emphasis on free choice in politics and also began to demand civil and political rights. In the absence of democracy, economic progress was often pursued at the expense of respect for human rights.
MAXIME VERHAGEN, Minister of Foreign Affairs of the Netherlands, said that everyone worried in times of crisis; everyone rejoiced in times of happiness. Fundamentally, humanity was not so different, whether born in Maputo, Manila, or Miami. Everyone had the same, inalienable human rights. The protection and promotion of human rights, both at home and abroad, was central to the Council’s task. For without respect for human rights, there would be no sustainable security or development. A safer, more prosperous world in which human rights were respected was in the Council’s true common interest.
Yet despite this common interest, the world was more often than not portrayed in terms of divisions. Especially with the global power shift that had been witnessed today, and the uncertainties of the global economic crisis, the world’s nations seemed at times to be drifting apart rather than working more closely to shoulder today’s challenges together. A ‘West against the rest’ mentality at the United Nations had been observed. It was as if Huntington’s infamous ‘clash of civilizations’ was unfolding on the United Nation’s main stage, though subtly. The very concept of human rights was a bone of contention. These developments were worrisome. Mr. Verhagen said that the Netherlands was a staunch supporter of inclusive reforms, both at the United Nations and at the international financial institutions. However, the Netherlands strongly disagreed with the notion that human rights were a new form of colonialism.
The Council had already achieved some meaningful results; the Universal Periodic Review mechanism was one of its most notable successes. However, more remained to be done, and 2009 would be a crucial year in this respect. The Council should not degenerate into a politicised and ineffective body. If this was the outcome of the review of the Council in two years’ time, it would have failed the peoples of the world. Firstly, the Council needed engagement; everyone should invest in making the world a better place. Secondly, the Council needed empathy; often States failed to understand one another, because of being so engrossed in one way of thinking. Countries should reach out to one another more than they had. Finally, said Mr. Verhagen, the Council needed effectiveness. The Netherlands would like to reach out to other regional groups and build cross-regional coalitions of Member States that held human rights in high esteem. However, the Council could not succeed in doing so if Member States continued to attach themselves immovably to group positions, committing themselves irrevocably to a predetermined outcome and foregoing the flexibility to engage with others. The Netherlands challenged the usual regional blocs and standard coalitions, within and beyond the European Union, and strove for new allies and coalitions in promoting human rights.
DIKGAKGAMATSO N. SERETSE, Minister for Defence, Justice and Security of Botswana, said three years ago, when the Human Rights Council was established, all participants pledged to make it an authority on human rights issues - underlining the basic principles of credibility, efficiency, non-selectivity and transparency in the examination of human rights throughout the world, with a firm ground on optimism and a solid vision. Botswana had, in December 2008, been assessed on its human rights record at the Universal Periodic Review. Botswana was most pleased by the demonstration of genuine and constructive dialogue and cooperation which it had experienced during the review process. Botswana was committed to the protection and promotion of human rights. It continued to implement policies and programmes that sought to safeguard and protect the notion of the universality, indivisibility and interdependence of human rights, and in doing so was guided by the Universal Declaration of Human Rights and the Vienna Declaration and Programme of Action.
Botswana remained cooperative and receptive to the Human Rights Council's Special Procedures and mechanisms. Consultations towards the establishment of an independent national human rights institution in accordance with the Paris Principles had been concluded. The Children's Act was being amended to incorporate the provisions of the United Nations Convention on the Rights of the Child. The Government was committed to the implementation of human rights obligations. It continued to face challenges in financial and human resources, and to this end, Botswana appealed to the international community for technical assistance towards capacity building and strengthening the institutional machinery.
It was important to reflect that, as the Human Rights Council was meeting today, the current global economic and financial crises threatened to reverse the marginal gains that countries, particularly developing ones, were making to achieve the internationally agreed development goals for the full enjoyment of fundamental human rights. The holding of the Human Rights Council's Special Session last month had demonstrated that the Council had the ability to address promptly and effectively the relevant and urgent thematic issues aimed at furthering human rights protection and promotion. As for the Durban Review Conference, Botswana was hopeful that the Conference would achieve universality of human rights norms relating to racism, racial discrimination, xenophobia, and related intolerance. The expectation of the majority of the international community on the Council was high - and the Council was sure to deliver.
STIG MOLLER, Minister for Foreign Affairs of Denmark, said that for many people around the world the rights enshrined in the Universal Declaration of Human Rights were only a dream and not a reality in their daily life. The sixtieth anniversary of the Universal Declaration of Human Rights therefore did not leave room for complacency. Its celebration must not be allowed to overshadow the regrettable fact that the human rights situation in many parts of the world was still precarious. Executions of minors, use of torture, restrictions on the freedom of expression, and persecution of persons because of their religion or race were only but a few of the grave violations faced by many. The international community should use the sixtieth anniversary to confirm its commitment to the promotion and protection of human rights and fundamental freedoms for all. Countries should make their common goal that universal rights be enjoyed by all human beings in all corners of the world irrespective of origin, race, color or religious belief.
It was the responsibility of all States to promote and protect human rights and to ensure that the universality of human rights became a reality throughout the world. The Member States of the United Nations must therefore work together to secure that the Human Rights Council served as the intended central platform for the promotion and protection of human rights and fundamental freedoms. Last year, Denmark had pointed to two important yardsticks to this end: The Universal Periodic Review and the review of Special Procedures mandates. Measuring the past year’s work against these two yardsticks, Denmark welcomed the completion of the first rounds of the Universal Periodic Review. One of the more important challenges to the instrument was the overwhelming interest to participate in the dialogues. This had to be addressed.
The Universal Periodic Review clearly underlined the pivotal role for independent international monitoring in holding States responsible for the implementation of human rights. All States must cooperate fully and in good faith with the international monitoring mechanisms. Denmark encouraged all States to issue a standing invitation to all Special Procedures established by the Human Rights Council and to honor such invitations in practice. The criticism such visits might result in should be seen as part of a constructive dialogue leading to an improvement of the human rights situation in all countries.
HALA LATOUF, Minister of Social Development of Jordan, said that Jordan continued to attach great importance to the promotion and protection of human rights and fundamental freedoms. While acknowledging the existing challenges and realities on the ground, the Government started to tackle human rights in an integrated approach as a cross cutting issue and not a stand alone objective. Recently Jordan enacted the Family Violence Law in April 2008, which focused on handling family violence cases in a just way, respecting family unity without jeopardizing the individual rights of the family members. For the first time, social workers, health and educational service providers were now under an obligation to report any cases of abuse and/ or violence they encountered, thereby the law provided protection for the victim/battered women and children. As a precautionary measure, the law also made it possible to apply a restraining order for the family member/abuser from entering the family house. The Government launched a pioneering project against family violence by establishing Dar Al Wifak Al-Usari 2007, which had been receiving victims of family violence, especially battered women and their children as needed. Additionally, Dar Al Wifak Al-Usari was being transformed into a Family Justice Center, and as a one stop for all the family protection services, in collaboration with family Protection Unit, the Ministry of Health and in addition to non-governmental organisations.
With respect to women under administrative detention, a pioneer programme to rehabilitate and empower women was launched in May 2008. These women, after the needed social work, were integrated back into the society. Jordan was considered as a regional hub for training on Family Protection, and as such Jordan was cooperating with other Arab countries to share best practices and lessons learned. On children, a media national campaign was launched to decrease “violence against children” with advocated protection and prevention, in order to ensure that there was zero-tolerance. Jordan had taken concrete actions to reform national laws, in order to ensure the advancement and promotion and protection of gender equality as well as to prevent and eliminate all forms of violence against women, in particular “crimes committed in the name of honour”. Jordan took this problem very seriously and continued to work closely with all stakeholders in order to further raise awareness about such crimes, which were incompatible with all religious, human and cultural values, stressed Mrs. Lattouf. These efforts were also complemented by introducing substantive amendments to national laws, particularly, the Penal Code where exemption from punishment was abolished and harsher penalties for perpetrators were imposed.
GUNTER NOOKE, Federal Government Commissioner for Human Rights Policy and Humanitarian Aid of Germany, said since the adoption of its comprehensive institution-building package in 2007, the Council had devoted its time to substantial issues in several regular meetings, and a remarkable number of Special Sessions. Yet, halfway to the review of the Council in 2011, more should be done to enable the Council to fulfil its role as an efficient and credible centrepiece of the United Nation’s human rights protection system. In this sense, 2009 and 2010 would be crucial test years for the Council, for example when it came to dealing with the severe humanitarian crisis in Sri Lanka or the untenable situation in Zimbabwe. In taking stock of the achievements and the shortcomings of the Council, the following points were of note: the Universal Periodic Review had not only become an accepted procedure, but was, in most cases, being undertaken as part of a sincere effort by States to come face to face with reality. At the same time, it should be hoped that the Review's efficacy was not merely a matter of who was or who was not on the list of speakers.
The Council should maintain a clear focus on human rights institutions, both in its deliberations and its mechanisms. This requirement had not been met when the Council convened a Special Session on the world financial crisis in February. Germany fully supported holding a Special Session in November on the situation in eastern Democratic Republic of the Congo, as it was clearly warranted by the situation. However, the lack of implementation of the related decisions was deplored. All States should fully cooperate with the Council and extend a permanent, standing invitation to all Rapporteurs and Working Groups. Germany was concerned that more and more States were placing severe restrictions on the work of internationally funded human rights organisations. Human rights defenders played a crucial part in the endeavour to realise fundamental human rights for all.
With regards to the Durban Review Conference, Germany placed great importance on the fight against racism - however, in order to efficiently contribute to this fight, greater efforts needed to be made to ensure that the Conference would focus on the review and implementation of the 2001 Durban Conference. It was beyond any doubt that it was important to protect the rights of minorities in law and practice - but it should not be forgotten that it was the individual human being that was at the centerstage of human rights protection. Thus, from a human rights perspective, it remained vital to ensure that the most basic rights were guaranteed for each and every individual, regardless of their belonging to a collective group or ethnicity. It was the fundamental rights, emanating from the dignity of every human being, which States needed to protect.
NURLAN DANENOV, Deputy Minister for Foreign Affairs of Kazakhstan, said that the deteriorating global economic situation not only affected the living standards of the population, especially in the least developed countries, but also jeopardized one of the key items in the international agenda: the attainment of the Millennium Development Goals. It was precisely for this reason that development issues and the Millennium Development Goals should become the focus of their closest attention. These big challenges could be addressed in a timely manner and to the full extent only if the United Nations Member States were firmly committed to a global partnership at the international, regional and national levels. It had never been more important for nations to honour their commitments made at the United Nations international conferences, including in Monterrey, Mauritius, Brussels and Almaty.
It was common knowledge that social and economic upheavals considerably increased the probability of a surge in manifestations of racism, gender-based discrimination, xenophobia and conflicts driven by interethnic and interreligious differences. Kazakhstan, therefore, called on all countries and organizations of the United Nations system to take all necessary actions to prevent any similar affairs. In this regard, Kazakhstan attached great importance to the full implementation of the Durban Declaration and the Programme of Action, adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance. Kazakhstan welcomed the fact that the Human Rights Council and the Office of the High Commissioner of Human Rights considered that subject a priority in their activities.
Kazakhstan hoped that the upcoming Durban Review Conference, scheduled to be held in April, would provide an opportunity to significantly broaden understanding of the diversity and value of respect for human rights, which had become today an even more urgent need. Firmly convinced that diversity was an asset for the world and not a threat to it and that co-existence, in the era of globalization, dictated the need to be constantly engaged in a constructive intercultural and interfaith dialogue, based on common values and aspiration, Kazakhstan sought to act as an all-purpose bridge between East and West. Kazakhstan was firmly committed to the further development of a legislative framework in the area of human rights and to consistent efforts to bring it in line with international standards. Today, Kazakhstan could acknowledge that had made important progress in the human rights area.
VINCENZO SCOTTI, State Minister for Foreign Affairs for Italy, said that Italy was determined to pursue its ongoing efforts to make a substantial contribution to the objectives of the Council. This session of the Council fell in the year of the twentieth anniversary of the adoption of the Convention on the Rights of the Child. The Convention marked a turning point in the history of human rights law, enshrining in a single document the civil, political, economic, social and cultural rights of the child. However, the contradiction of between what was agreed in the Convention and what happened in reality remained striking. The gap between the law and its implementation challenged the Council’s capacity and determination to live up to the expectations the text raised worldwide. Italy strongly encouraged all States to become parties to the Convention and to effectively implement its provisions. In particular, Italy was deeply concerned about the worrying phenomenon of juvenile executions which was expressly forbidden by the Convention.
In this regard, Mr. Scotti recalled Italy’s strong commitment towards the universal abolition of the death penalty. The adoption of a new resolution on a moratorium on capital executions by the sixty-third session of the United Nations General Assembly proved to be an extraordinary success, thanks to a wide cross-regional alliance. Italy would continue to work in close collaboration with all States that supported the campaign for the United Nations General Assembly resolution and with those that, while not fully sharing Italy’s commitment, were ready to discuss this issue.
This session of the Council provided Member States with a good opportunity to address the most urgent and critical human rights issues, and to strengthen the capacity of the Council to tackle them. It should not be missed by letting political or ideological confrontation come in the way, stressed Mr. Scotti. Country and thematic mandates were indeed crucial tools for the Council’s action. Moreover, some of them were of particular importance as they dealt with situations that required the full attention of the international community. In this respect, Italy hoped that the mandates of the Special Rapporteur on the situation of human rights in Myanmar, and the Independent Expert on Somalia be extended. Italy strongly believed that dialogue among cultures and religions was one of the keys to ensure peace and security in the world’s increasingly interconnected societies. In this respect, Italy was extremely concerned about the continuous reports of manifestations of intolerance and discrimination based on religion or belief.
SALOMON NGUEMA OWONO, First Vice Minister of Human Rights of Equatorial Guinea, said Equatorial Guinea fervently hoped for international peace and security and harmony throughout the world, and intended to promote, guarantee, protect and daily consolidate human rights in the country and throughout the whole world. It would cooperate closely with the United Nations human rights system to ensure a world that was ever more committed to the principles of sustainable development, based on the principles of peace and equality. The Government was making great efforts to comply with obligations arising from its adherence to international instruments, through adopting legislation to incorporate these Conventions into national legislation, and taking measures to improve the life of the people.
In the last few years, there had been considerable development, as the Government was committed to achieving changes in the political, cultural and social spheres. Groundwork for sustainable development by the year 2020 had been accomplished, including human rights. The world was living through deep changes today, and their extent and scope could scarcely be gauged. Recent trends in global evil in the planet, such as hunger, war, piracy, natural disasters, terrorism, pandemics, international networks for trafficking and other social ills were all calling into question basic principles of nations. Therefore, all countries should join in efforts to eradicate these evils and work for peace and justice in the world and to achieve human rights for now and future generations.
The transformations of Equatorial Guinea in terms of basic infrastructure, healthcare, education, housing and acceptable social and democratic co-existence showed the progress that could be achieved. The Government was working on a programme to combat trafficking, focusing on training public officials and on migrants' rights, as well as with institutional measures. Gender issues were being addressed in the social, economic, cultural and political dimensions. Despite progress on human rights, there was still a need for further support for the Government through aid, cooperation, technical assistance and others, in order to help improve the situation with regards to human rights. The Government's purpose was to endow people with the best possible conditions and opportunities to enjoy well-being in a context that did not promote economic, political or terrorist instability. Equatorial Guinea was seeking a society in which the spirit of human rights prevailed in a context of peace, equality and justice.
TERESA RIBEIRO, Deputy Foreign Minister of Portugal, said that the spirit of cooperation that they were seeing in the Universal Periodic Review could not prevail at the expense of remaining silent in the face of gross and systematic human rights violations. It was vital that the Human Rights Council addressed and made recommendations on situations of violations of human rights or it would lose its credibility. Silence or inaction would not be understood, not by the victims of human rights violations around the world, and not by their own constituencies. They were presently witnessing such situations of concern in various parts of the world that should be dealt with by the Council in this session. That was why Portugal supported the renewal of the mandates of technical cooperation and assistance for Somalia and for the Democratic Republic of Congo.
At the same time, they could not forget the victims of human rights violations. Their number did not cease to grow in Sudan, particularly in Darfur, or Iran. In Zimbabwe, the new government had brought hope that their situation would finally begin to be addressed, but urgent steps needed to be taken in that direction. In Sri Lanka, their situation remained of concern and again action was required to stop these violations. mIt was their moral duty to speak up so they could work together to better ensure that human rights were duly observed.
Portugal also praised the countless anonymous human rights defenders, staff of human rights organizations, lawyers, journalists, judges, teachers, doctors, politicians, students and numerous activists who contributed, through their daily work, to the prevention of human rights violations that could otherwise escalate into more suffering. Often, they were themselves the target of threats, attacks and harassment. The work of the human rights defenders was crucial to the work of the Council. Therefore the Council had the duty to ensure their freedom of movement and speech and to make sure that their protection was safeguarded at all times. Many voices had already brought up the issue of the review of the Human Rights Council. While Portugal agreed on the importance of preparing well for this exercise, Portugal would like to see them more concentrated on the realization of the full potential of this Council in the time ahead.
ABDEL DAIEM ZUMRAWI, Deputy Minister of Justice for Sudan, said that many developments had taken place in Sudan over the past year. On a political level, the Government had held meetings with the armed groups, and had encouraged the laudable exercise by the Government of South Sudan to unify the negotiating positions of those groups. Similarly, dedicated pursuits had succeeded in invigorating the Dakar understanding between the Government of Sudan and Chad, leading to a resumption of diplomatic ties. All of the political actors, either in the Government or in the opposition, had participated alongside the social and tribal leaders and representative structures and organizations of the women in Darfur.
The Doha negotiations had affirmed the good intentions between the Government and the Justice and Equality movement. The two sides fell short of adopting a framework agreement that included cessation of hostilities; however, the negotiations brought movement to the dialogue with the Government for the first time. Another step forward in the negotiations was the setting of a timeframe for continued negotiations and that both sides were engaged in dialogue without a desire to exclude others from it. Key facilitators and supporters of the Doha negotiations included Qatar, the United Nations mediator, the African Union and the Arab League. Mr. Zumrawi said that Sudan called upon the United States, the European Union and the Organization of the Islamic Conference to increase their contribution to a peaceful solution, especially by applying pressure on all armed groups.
The Ministry of Justice in Sudan recently appointed a special prosecutor to investigate the major cases cited in the reports of the national and international commissions of enquiry. The prosecutor commenced his mandate by looking into the Deleij case, underscored Mr. Zumrawi. The Government legislated registration of political parties, to pave the way to democratic transition that was prescribed by the Comprehensive Peace Agreement. In addition, the Government passed the elections law, which spelt out the peaceful devolution of power and assigned a representation of 25 percent being women. Furthermore, an Election Commission was set up following wide consultations with political parties. The Commission was composed of independent persons and was chaired by a prominent lawyer in South Sudan. The economic development of Darfur, especially with regard to infrastructure, directly and adequately addressed the roots causes of the crisis. As such The Government had allocated $ 650 million to carry out a comprehensive plan for roads.
MARKO KARADZIC, State Secretary at the Ministry for Human and Minority Rights of Serbia, said human rights were the foundation of a fair, democratic, inclusive and peaceful society. The struggle to instil a sense of respect and obligation in all States and all individuals to promote human rights throughout the world stood at the very peak of mankind's twentieth century achievements. The Democratic Government of Serbia was proud of its record as a central pillar of human rights protection in Southeast Europe. Since democratic changes in October 2000, it had taken significant steps forward in the protection of human rights in the country - nevertheless, it still had a long way to go. In the last few years, a considerable increase in the pace of reform had been achieved, and Serbia had embarked upon far-reaching measures to strengthen and reform the judiciary so as to ensure an independent, effective and efficient institution that was essential for a just, transparent, and accountable Government.
Among the main commitments of Serbia was to cooperate fully with treaty bodies and actively participate in the discussions on reform of the treaty bodies for a more effective monitoring system; to promote the further development of multi-ethnic and multicultural societies in all their aspects, domestically and worldwide; and to work with civil society in the promotion and implementation of human rights programmes, as well as to undertake the widest possible promotion of human rights through actions to combat impunity. Serbia was dedicated to pressing forward with its promotion of cultural diversity, believing diversity to be a source of strength, and embracing the view that individual cultures prospered and progressed where they came into contact with others.
Unfortunately, these values were not respected in the Autonomous Province of Kosovo and Metohija, a place where the vulnerable had been simply forgotten. In Kosovo, human rights were frequently violated, and political violence, impunity for common and political crimes, intimidation and discrimination were common place. Organised crime and corruption were largely unchecked, witness harassment was widespread, and trafficking of women remained a serious issue, as was forced prostitution. The unilateral, illegal and illegitimate declaration of independence of Kosovo's Assembly on 17 February from Serbia had profoundly affected that country, and it would never recognise the attempt by the Pristina authorities to unilaterally secede. Serbia called upon the countries that had recognised Kosovo to reconsider and help Serbia defend the international system from being fundamentally undermined. Recognising the unilateral declaration of Kosovo's independence from Serbia legitimised the forced partition of internationally recognised sovereign States.
______________
For use of the information media; not an official record
MORNING
3 March 2009
Sixteen dignitaries from the Czech Republic, speaking on behalf of the European Union, Luxemburg, Cuba, Belgium, Indonesia, Netherlands, Botswana, Denmark, Jordan, Germany, Kazakhstan, Italy, Equatorial Guinea, Portugal, Sudan and Serbia this morning addressed the High-Level Segment of the Human Rights Council.
In addition to describing national efforts to promote and protect human rights, a number of speakers raised the importance of the upcoming Durban Review Conference, and stressed the need to ensure that the conference would not undermine certain freedoms. The need for international cooperation and solidarity to help overcome the effects of the economic and financial crises was underscored.
Speakers raised the situation of human rights abuses in a number of countries and territories. Many referred to the Universal Periodic Review process of the Council, giving mixed reviews of its performance so far.
Karel Schwarzenberg, Minister of Foreign Affairs of the Czech Republic, speaking on behalf of the European Union, said today the Human Rights Council, having completed the institution-building process, should be able to assess whether it was succeeding in the effective employment of mechanisms and procedures, and through them in examining human rights situations in a professional, independent, non-selective, unbiased and complex manner. The fact that very serious human rights violations could not be adequately addressed on account of regional or ideological solidarity did little for the credibility of the Human Rights Council.
Jean Asselborn, Vice Prime Minister of Luxemburg, said that the capacity of the international community to show solidarity was now being put to the test. The solution of the financial and economic crisis would rely on a strengthening of international cooperation. It was important to maintain strategies to combat poverty, to pursue with determination the realization of the Millennium Development Goals and to fully live up to their engagements in respect to public development aid.
Maria Esther Reus Gonzales, Minister for Justice of Cuba, said that during its brief lifespan, the Council had managed to strengthen effective practices for a truly universal scrutiny of the human rights situation in the world, and a climate of respect and confidence that were essential for its work. The Council also demonstrated its capacity to tackle emergency situations requiring the attention of the international community.
Karel de Gucht, Vice Prime Minister of Belgium, said that the Human Rights Council was born from the wish of the international community to have an efficient mechanism to reinforce the international human rights system. Thus, today, its main concern should be those men and women whose rights were violated and who were denied their fundamental freedoms, whoever the violators of those rights may be. It was regrettable that that which seemed to be an ordinary way of life, such as the freedom to eat to sate one's hunger, was not so for a too great number of people in the world.
Hassan Wirajuda, Foreign Minister of Indonesia, said that Indonesia regarded development, human rights and democracy as inseparable. The strong correlation between development and democracy reflected the fact that economic development was conducive to democracy. Indonesia shared the view that beyond a certain point, economic progress made it difficult to avoid democratization as people began to place a growing emphasis on free choice in politics and also began to demand civil and political rights.
Maxime Verhagen, Minister for Foreign Affairs of the Netherlands, said the protection and promotion of human rights, both at home and abroad, was central to the Council’s task. For without respect for human rights, there would be no sustainable security or development. A safer, more prosperous world in which human rights were respected was in the Council’s true common interest.
Dikgakgamatso N. Seretse, Minister for Justice Defence and Security of Botswana, said that the current global economic and financial crises threatened to reverse the marginal gains that countries, particularly developing ones, were making to achieve the internationally agreed development goals for the full enjoyment of fundamental human rights. The holding of the Human Rights Council's Special Session last week demonstrated that the Council had the ability to address promptly and effectively the relevant and urgent thematic issues aimed at furthering human rights protection and promotion.
Per Stig Moller, Minister for Foreign Affairs of Denmark, said that the Universal Periodic Review clearly underlined the pivotal role for independent international monitoring in holding States responsible for the implementation of human rights. All States must cooperate fully and in good faith with the international monitoring mechanisms. Denmark encouraged all States to issue a standing invitation to all Special Procedures established by the Human Rights Council and to honor such invitations in practice.
Hala Latouf, Minister for Social Development of Jordan, said that Jordan had taken concrete actions to reform national laws, in order to ensure the advancement and promotion and protection of gender equality as well as to prevent and eliminate all forms of violence against women, in particular “crimes committed in the name of honour”. Jordan took this problem very seriously.
Also speaking this morning were the following dignitaries: Günter Nooke, Federal Commissioner for Human Rights and Humanitarian Aid of Germany; Nurlan Danenov, Vice Minister of Foreign Affairs of Kazakhstan; Vincenzo Scotti, Vice Minister for Foreign Affairs of Italy; Salomon Nguema Owono, Vice Minister of Human Rights and Social Affairs of Equatorial Guinea; Teresa Ribeiro, Deputy Minister for Foreign Affairs of Portugal; Abdel Daiem Zumrawi, Deputy Minister for Justice of Sudan; and Marko Karadzic, State Secretary of the Ministry for Human and Minority Rights of Serbia.
The Council will resume its meeting this afternoon at 3 p.m. to continue with its High-Level Segment.
High-Level Segment
KAREL SCHWARZENBERG, Minister of Foreign Affairs of the Czech Republic, speaking on behalf of the European Union, said today the Human Rights Council, having completed the institution-building process, should begin to reflect on the shortcomings of the Commission, which it had now overcome. In particular, it should be able to assess whether it was succeeding in the effective employment of mechanisms and procedures, and through them in examining human rights situations in a professional, independent, non-selective, unbiased and complex manner. Success could not be measured by the number of resolutions, special sessions, panels or Working Groups. The goal was not to do more, but to do better. The Council had to remain focused on its primary mandate, human rights.
The fact that very serious human rights violations could not be adequately addressed on account of regional or ideological solidarity did little for the credibility of the Human Rights Council. Over the last few decades, it had been the European Union's firm belief that human rights could only be promoted and protected by abiding by fundamental principles; that human rights were truly universal, indivisible and interdependent; civil, political, economic, social and political rights should be established and maintained in a balanced way; and the respect of human rights was only possible in an environment where security was organised and guaranteed, and, in a system, which was both just and fair, where people could participate in the decision-making process. The rights of an individual human being, in particular his or her value and dignity, could not be subject to cultural relativism, counter-terrorism measures, or the level of economic development.
If the Council were to be successful, it required cooperation and support from all States - including those which were not currently members. After all, the protection and promotion of human rights was, and remained to be, a matter for the entire international community. The European Union was committed to the fight against all forms of racism and discrimination, and engaged constructively in the preparatory process and was ready to fully participate in the Durban Review Conference next month - nevertheless, the European Union could not subscribe to the outcome of this Conference where the result would limit, or undermine human rights and fundamental freedoms.
JEAN ASSELBORN, Vice Prime Minister of Luxembourg, said that the meeting of the Human Rights Council took place in a very special context since the major part of the world was struck by an unprecedented economic and financial crisis. Many economies of the developed countries and the countries in transition were now in recession. The result of this was poverty that the world wanted to reduce but was now increasing. According to the World Bank 53 million persons were in danger of being trapped in the vicious circle of poverty.
In this situation, the capacity of the international community to show solidarity was now put to the test. The solution of the crisis would rely on a strengthening of international cooperation. It was important to maintain strategies to combat poverty, to pursue with determination the realization of the Millennium Development Goals and to fully live up to their engagements in respect to public development aid. Luxemburg would spend this year close to 0,92 percent of its GDP in development aid. Further, the food crisis was far from being over. This crisis was affecting Africa in particular.
Luxembourg invited the Human Rights Council to show its solidarity with the Democratic Republic of the Congo and to strengthen its partnership with the country. The population suffered from malnutrition and diseases. Education remained basic. Some spoke of a social tsunami. Tensions had led to new waves of refugees and displaced persons. The sexual violence against women was disgusting and continued in a massive scale. Impunity could not be tolerated. The Human Rights Council had to continue monitoring the situation as it had done recently in a Special Session.
MARIA ESTHER REUS GONZALEZ, Minister of Justice of Cuba, said that the Council was the result of the urgent necessity of facing up to the profound disrepute into which the Commission on Human Rights had sunk, trapped by double standards, confrontation and political manipulation imposed on its work by the United States and its allies. As it should be, the Council was subordinated to the United Nations General Assembly. There were no dangers of veto or impositions to hold back its work. The Council bore witness to solid democratic foundations in its working methods and in the drafting of its agenda. United States neo-conservatives had disqualified and furiously attacked it.
The Non-Aligned Movement had denounced the fact that it had not been possible to put an end to all the mandates of countries established on the discriminatory and selective bases that characterized the treatment of agenda item nine of the Commission on Human Rights. Nevertheless, Mrs. Gonzalez said the positive balance of the past three years of work of the Council could not be rationally or objectively denied. During its brief lifespan, the Council had managed to strengthen effective practices for a truly universal scrutiny of the human rights situation in the world, and a climate of respect and confidence that were essential for its work. The Council also demonstrated its capacity to tackle emergency situations requiring the attention of the international community. A milestone in the work of the Council was the holding of two Special Sessions to look after thematic matters; one, on the world food crisis and the realization of the human right to food, and the second, on the current economic and financial crisis.
The international community hoped that all could respond collectively and effectively to the great expectations that had been generated by the arrival of a new United States Government, and that all could ensure a just and efficacious response to the colossal crisis affecting humankind. While an unjust and excluding international economic and political order persisted, the Council must continue to call for a democratic and equitable world order. Recently, Cuba presented its report to the Universal Periodic Review mechanism. The positive results of this review constituted an important recognition of the work of the Cuban Revolution on behalf of human rights. Starting in July, under the presidency of Egypt, the non-aligned countries would continue working with the same maturity, commitment and determination. The blockade against Cuba had been lifted, underscored Mrs. Gonzalez. The people of Cuba were now permitted, in peace, to build their own future of justice, equality and dignity for all their sons and daughters.
KAREL DE GUCHT, Vice Prime Minister and Foreign Minister of Belgium, said the Human Rights Council was born from the wish of the international community to have an efficient mechanism to reinforce the international human rights system. Thus, today, its main concern should be those men and women whose rights were violated and who were denied their fundamental freedoms, whoever the violators of those rights may be. It was regrettable that that which seemed to be an ordinary way of life, such as the freedom to eat to sate one's hunger, was not so for a too great number of people in the world. For many, it even seemed to be unattainable. These men, women and children deserved respect and protection - and it was the first responsibility of the State to protect these human beings, as well as their human rights and fundamental freedoms.
Too often, impunity prevailed. Victims had no possible recourse. This should be the primary concern of the Council - it should act to stop these human rights violations from taking place. It should consolidate and ensure the implementation of existing international law. Belgium was concerned by attempts by some to question these norms or deny their universality. In a world where ethnic, economic and religious tensions as well as nationalist tendencies were threatening to come to the fore, it was even more important to reaffirm the universality of these norms. The Universal Declaration of Human Rights was the most translated text in the world - it should, some day, become the most applied text in the world.
The Council also had to face up to new challenges, whilst respecting the existing judicial context. It had to use its instruments to treat the issues of specific countries, as well as thematic issues such as the fight against torture, and the fight against racism or discrimination. In this regard, the Durban Review Conference was being prepared - and its consensual aspect should be preserved. Racism and discrimination were a problem which affected all countries. Some concepts, such as defamation of religion, had no place in this process, as they impacted the bases on which the international system of protection of human rights was built. Human rights should protect individuals and their freedoms, and not religions as such. The Council also needed to continue to be able to address country-specific situations - the history of the United Nations had shown too well that ignoring these could lead to catastrophe. It was the common responsibility of the international community to act in a credible and efficient manner when grave human rights violations were committed.
HASSAN WIRAJUDA, Foreign Minister of Indonesia, said that it was imperative that the Council remained committed to ensuring respect for human rights in the Occupied Palestinian Territories, including the Gaza Strip. Indonesia was pleased that the Council had acted immediately and passed a firm resolution on such a crime against humanity. Nonetheless, they must also ensure that all resolutions on Palestine were effectively implemented, or else, the credibility of the Council would be at stake.
The global economic and financial crisis had not diminished Indonesia’s efforts to strengthen access of the poor and marginalized to justice, including social justice. To Indonesia, the economic, social and cultural rights of people and individuals were just as important as their political and civil rights. In addition to their own challenges, Indonesia was facing a new influx of irregular migrants from South Asia. These people were often victims of trafficking in persons and people-smuggling. They suffered enormous deprivation in their countries of origin and were treated with unspeakable cruelty on their journey to countries of destination.
Indonesia regarded development, human rights and democracy as inseparable. The strong correlation between development and democracy reflected the fact that economic development was conducive to democracy. Indonesia shared the view that beyond a certain point, economic progress made it difficult to avoid democratization as people began to place a growing emphasis on free choice in politics and also began to demand civil and political rights. In the absence of democracy, economic progress was often pursued at the expense of respect for human rights.
MAXIME VERHAGEN, Minister of Foreign Affairs of the Netherlands, said that everyone worried in times of crisis; everyone rejoiced in times of happiness. Fundamentally, humanity was not so different, whether born in Maputo, Manila, or Miami. Everyone had the same, inalienable human rights. The protection and promotion of human rights, both at home and abroad, was central to the Council’s task. For without respect for human rights, there would be no sustainable security or development. A safer, more prosperous world in which human rights were respected was in the Council’s true common interest.
Yet despite this common interest, the world was more often than not portrayed in terms of divisions. Especially with the global power shift that had been witnessed today, and the uncertainties of the global economic crisis, the world’s nations seemed at times to be drifting apart rather than working more closely to shoulder today’s challenges together. A ‘West against the rest’ mentality at the United Nations had been observed. It was as if Huntington’s infamous ‘clash of civilizations’ was unfolding on the United Nation’s main stage, though subtly. The very concept of human rights was a bone of contention. These developments were worrisome. Mr. Verhagen said that the Netherlands was a staunch supporter of inclusive reforms, both at the United Nations and at the international financial institutions. However, the Netherlands strongly disagreed with the notion that human rights were a new form of colonialism.
The Council had already achieved some meaningful results; the Universal Periodic Review mechanism was one of its most notable successes. However, more remained to be done, and 2009 would be a crucial year in this respect. The Council should not degenerate into a politicised and ineffective body. If this was the outcome of the review of the Council in two years’ time, it would have failed the peoples of the world. Firstly, the Council needed engagement; everyone should invest in making the world a better place. Secondly, the Council needed empathy; often States failed to understand one another, because of being so engrossed in one way of thinking. Countries should reach out to one another more than they had. Finally, said Mr. Verhagen, the Council needed effectiveness. The Netherlands would like to reach out to other regional groups and build cross-regional coalitions of Member States that held human rights in high esteem. However, the Council could not succeed in doing so if Member States continued to attach themselves immovably to group positions, committing themselves irrevocably to a predetermined outcome and foregoing the flexibility to engage with others. The Netherlands challenged the usual regional blocs and standard coalitions, within and beyond the European Union, and strove for new allies and coalitions in promoting human rights.
DIKGAKGAMATSO N. SERETSE, Minister for Defence, Justice and Security of Botswana, said three years ago, when the Human Rights Council was established, all participants pledged to make it an authority on human rights issues - underlining the basic principles of credibility, efficiency, non-selectivity and transparency in the examination of human rights throughout the world, with a firm ground on optimism and a solid vision. Botswana had, in December 2008, been assessed on its human rights record at the Universal Periodic Review. Botswana was most pleased by the demonstration of genuine and constructive dialogue and cooperation which it had experienced during the review process. Botswana was committed to the protection and promotion of human rights. It continued to implement policies and programmes that sought to safeguard and protect the notion of the universality, indivisibility and interdependence of human rights, and in doing so was guided by the Universal Declaration of Human Rights and the Vienna Declaration and Programme of Action.
Botswana remained cooperative and receptive to the Human Rights Council's Special Procedures and mechanisms. Consultations towards the establishment of an independent national human rights institution in accordance with the Paris Principles had been concluded. The Children's Act was being amended to incorporate the provisions of the United Nations Convention on the Rights of the Child. The Government was committed to the implementation of human rights obligations. It continued to face challenges in financial and human resources, and to this end, Botswana appealed to the international community for technical assistance towards capacity building and strengthening the institutional machinery.
It was important to reflect that, as the Human Rights Council was meeting today, the current global economic and financial crises threatened to reverse the marginal gains that countries, particularly developing ones, were making to achieve the internationally agreed development goals for the full enjoyment of fundamental human rights. The holding of the Human Rights Council's Special Session last month had demonstrated that the Council had the ability to address promptly and effectively the relevant and urgent thematic issues aimed at furthering human rights protection and promotion. As for the Durban Review Conference, Botswana was hopeful that the Conference would achieve universality of human rights norms relating to racism, racial discrimination, xenophobia, and related intolerance. The expectation of the majority of the international community on the Council was high - and the Council was sure to deliver.
STIG MOLLER, Minister for Foreign Affairs of Denmark, said that for many people around the world the rights enshrined in the Universal Declaration of Human Rights were only a dream and not a reality in their daily life. The sixtieth anniversary of the Universal Declaration of Human Rights therefore did not leave room for complacency. Its celebration must not be allowed to overshadow the regrettable fact that the human rights situation in many parts of the world was still precarious. Executions of minors, use of torture, restrictions on the freedom of expression, and persecution of persons because of their religion or race were only but a few of the grave violations faced by many. The international community should use the sixtieth anniversary to confirm its commitment to the promotion and protection of human rights and fundamental freedoms for all. Countries should make their common goal that universal rights be enjoyed by all human beings in all corners of the world irrespective of origin, race, color or religious belief.
It was the responsibility of all States to promote and protect human rights and to ensure that the universality of human rights became a reality throughout the world. The Member States of the United Nations must therefore work together to secure that the Human Rights Council served as the intended central platform for the promotion and protection of human rights and fundamental freedoms. Last year, Denmark had pointed to two important yardsticks to this end: The Universal Periodic Review and the review of Special Procedures mandates. Measuring the past year’s work against these two yardsticks, Denmark welcomed the completion of the first rounds of the Universal Periodic Review. One of the more important challenges to the instrument was the overwhelming interest to participate in the dialogues. This had to be addressed.
The Universal Periodic Review clearly underlined the pivotal role for independent international monitoring in holding States responsible for the implementation of human rights. All States must cooperate fully and in good faith with the international monitoring mechanisms. Denmark encouraged all States to issue a standing invitation to all Special Procedures established by the Human Rights Council and to honor such invitations in practice. The criticism such visits might result in should be seen as part of a constructive dialogue leading to an improvement of the human rights situation in all countries.
HALA LATOUF, Minister of Social Development of Jordan, said that Jordan continued to attach great importance to the promotion and protection of human rights and fundamental freedoms. While acknowledging the existing challenges and realities on the ground, the Government started to tackle human rights in an integrated approach as a cross cutting issue and not a stand alone objective. Recently Jordan enacted the Family Violence Law in April 2008, which focused on handling family violence cases in a just way, respecting family unity without jeopardizing the individual rights of the family members. For the first time, social workers, health and educational service providers were now under an obligation to report any cases of abuse and/ or violence they encountered, thereby the law provided protection for the victim/battered women and children. As a precautionary measure, the law also made it possible to apply a restraining order for the family member/abuser from entering the family house. The Government launched a pioneering project against family violence by establishing Dar Al Wifak Al-Usari 2007, which had been receiving victims of family violence, especially battered women and their children as needed. Additionally, Dar Al Wifak Al-Usari was being transformed into a Family Justice Center, and as a one stop for all the family protection services, in collaboration with family Protection Unit, the Ministry of Health and in addition to non-governmental organisations.
With respect to women under administrative detention, a pioneer programme to rehabilitate and empower women was launched in May 2008. These women, after the needed social work, were integrated back into the society. Jordan was considered as a regional hub for training on Family Protection, and as such Jordan was cooperating with other Arab countries to share best practices and lessons learned. On children, a media national campaign was launched to decrease “violence against children” with advocated protection and prevention, in order to ensure that there was zero-tolerance. Jordan had taken concrete actions to reform national laws, in order to ensure the advancement and promotion and protection of gender equality as well as to prevent and eliminate all forms of violence against women, in particular “crimes committed in the name of honour”. Jordan took this problem very seriously and continued to work closely with all stakeholders in order to further raise awareness about such crimes, which were incompatible with all religious, human and cultural values, stressed Mrs. Lattouf. These efforts were also complemented by introducing substantive amendments to national laws, particularly, the Penal Code where exemption from punishment was abolished and harsher penalties for perpetrators were imposed.
GUNTER NOOKE, Federal Government Commissioner for Human Rights Policy and Humanitarian Aid of Germany, said since the adoption of its comprehensive institution-building package in 2007, the Council had devoted its time to substantial issues in several regular meetings, and a remarkable number of Special Sessions. Yet, halfway to the review of the Council in 2011, more should be done to enable the Council to fulfil its role as an efficient and credible centrepiece of the United Nation’s human rights protection system. In this sense, 2009 and 2010 would be crucial test years for the Council, for example when it came to dealing with the severe humanitarian crisis in Sri Lanka or the untenable situation in Zimbabwe. In taking stock of the achievements and the shortcomings of the Council, the following points were of note: the Universal Periodic Review had not only become an accepted procedure, but was, in most cases, being undertaken as part of a sincere effort by States to come face to face with reality. At the same time, it should be hoped that the Review's efficacy was not merely a matter of who was or who was not on the list of speakers.
The Council should maintain a clear focus on human rights institutions, both in its deliberations and its mechanisms. This requirement had not been met when the Council convened a Special Session on the world financial crisis in February. Germany fully supported holding a Special Session in November on the situation in eastern Democratic Republic of the Congo, as it was clearly warranted by the situation. However, the lack of implementation of the related decisions was deplored. All States should fully cooperate with the Council and extend a permanent, standing invitation to all Rapporteurs and Working Groups. Germany was concerned that more and more States were placing severe restrictions on the work of internationally funded human rights organisations. Human rights defenders played a crucial part in the endeavour to realise fundamental human rights for all.
With regards to the Durban Review Conference, Germany placed great importance on the fight against racism - however, in order to efficiently contribute to this fight, greater efforts needed to be made to ensure that the Conference would focus on the review and implementation of the 2001 Durban Conference. It was beyond any doubt that it was important to protect the rights of minorities in law and practice - but it should not be forgotten that it was the individual human being that was at the centerstage of human rights protection. Thus, from a human rights perspective, it remained vital to ensure that the most basic rights were guaranteed for each and every individual, regardless of their belonging to a collective group or ethnicity. It was the fundamental rights, emanating from the dignity of every human being, which States needed to protect.
NURLAN DANENOV, Deputy Minister for Foreign Affairs of Kazakhstan, said that the deteriorating global economic situation not only affected the living standards of the population, especially in the least developed countries, but also jeopardized one of the key items in the international agenda: the attainment of the Millennium Development Goals. It was precisely for this reason that development issues and the Millennium Development Goals should become the focus of their closest attention. These big challenges could be addressed in a timely manner and to the full extent only if the United Nations Member States were firmly committed to a global partnership at the international, regional and national levels. It had never been more important for nations to honour their commitments made at the United Nations international conferences, including in Monterrey, Mauritius, Brussels and Almaty.
It was common knowledge that social and economic upheavals considerably increased the probability of a surge in manifestations of racism, gender-based discrimination, xenophobia and conflicts driven by interethnic and interreligious differences. Kazakhstan, therefore, called on all countries and organizations of the United Nations system to take all necessary actions to prevent any similar affairs. In this regard, Kazakhstan attached great importance to the full implementation of the Durban Declaration and the Programme of Action, adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance. Kazakhstan welcomed the fact that the Human Rights Council and the Office of the High Commissioner of Human Rights considered that subject a priority in their activities.
Kazakhstan hoped that the upcoming Durban Review Conference, scheduled to be held in April, would provide an opportunity to significantly broaden understanding of the diversity and value of respect for human rights, which had become today an even more urgent need. Firmly convinced that diversity was an asset for the world and not a threat to it and that co-existence, in the era of globalization, dictated the need to be constantly engaged in a constructive intercultural and interfaith dialogue, based on common values and aspiration, Kazakhstan sought to act as an all-purpose bridge between East and West. Kazakhstan was firmly committed to the further development of a legislative framework in the area of human rights and to consistent efforts to bring it in line with international standards. Today, Kazakhstan could acknowledge that had made important progress in the human rights area.
VINCENZO SCOTTI, State Minister for Foreign Affairs for Italy, said that Italy was determined to pursue its ongoing efforts to make a substantial contribution to the objectives of the Council. This session of the Council fell in the year of the twentieth anniversary of the adoption of the Convention on the Rights of the Child. The Convention marked a turning point in the history of human rights law, enshrining in a single document the civil, political, economic, social and cultural rights of the child. However, the contradiction of between what was agreed in the Convention and what happened in reality remained striking. The gap between the law and its implementation challenged the Council’s capacity and determination to live up to the expectations the text raised worldwide. Italy strongly encouraged all States to become parties to the Convention and to effectively implement its provisions. In particular, Italy was deeply concerned about the worrying phenomenon of juvenile executions which was expressly forbidden by the Convention.
In this regard, Mr. Scotti recalled Italy’s strong commitment towards the universal abolition of the death penalty. The adoption of a new resolution on a moratorium on capital executions by the sixty-third session of the United Nations General Assembly proved to be an extraordinary success, thanks to a wide cross-regional alliance. Italy would continue to work in close collaboration with all States that supported the campaign for the United Nations General Assembly resolution and with those that, while not fully sharing Italy’s commitment, were ready to discuss this issue.
This session of the Council provided Member States with a good opportunity to address the most urgent and critical human rights issues, and to strengthen the capacity of the Council to tackle them. It should not be missed by letting political or ideological confrontation come in the way, stressed Mr. Scotti. Country and thematic mandates were indeed crucial tools for the Council’s action. Moreover, some of them were of particular importance as they dealt with situations that required the full attention of the international community. In this respect, Italy hoped that the mandates of the Special Rapporteur on the situation of human rights in Myanmar, and the Independent Expert on Somalia be extended. Italy strongly believed that dialogue among cultures and religions was one of the keys to ensure peace and security in the world’s increasingly interconnected societies. In this respect, Italy was extremely concerned about the continuous reports of manifestations of intolerance and discrimination based on religion or belief.
SALOMON NGUEMA OWONO, First Vice Minister of Human Rights of Equatorial Guinea, said Equatorial Guinea fervently hoped for international peace and security and harmony throughout the world, and intended to promote, guarantee, protect and daily consolidate human rights in the country and throughout the whole world. It would cooperate closely with the United Nations human rights system to ensure a world that was ever more committed to the principles of sustainable development, based on the principles of peace and equality. The Government was making great efforts to comply with obligations arising from its adherence to international instruments, through adopting legislation to incorporate these Conventions into national legislation, and taking measures to improve the life of the people.
In the last few years, there had been considerable development, as the Government was committed to achieving changes in the political, cultural and social spheres. Groundwork for sustainable development by the year 2020 had been accomplished, including human rights. The world was living through deep changes today, and their extent and scope could scarcely be gauged. Recent trends in global evil in the planet, such as hunger, war, piracy, natural disasters, terrorism, pandemics, international networks for trafficking and other social ills were all calling into question basic principles of nations. Therefore, all countries should join in efforts to eradicate these evils and work for peace and justice in the world and to achieve human rights for now and future generations.
The transformations of Equatorial Guinea in terms of basic infrastructure, healthcare, education, housing and acceptable social and democratic co-existence showed the progress that could be achieved. The Government was working on a programme to combat trafficking, focusing on training public officials and on migrants' rights, as well as with institutional measures. Gender issues were being addressed in the social, economic, cultural and political dimensions. Despite progress on human rights, there was still a need for further support for the Government through aid, cooperation, technical assistance and others, in order to help improve the situation with regards to human rights. The Government's purpose was to endow people with the best possible conditions and opportunities to enjoy well-being in a context that did not promote economic, political or terrorist instability. Equatorial Guinea was seeking a society in which the spirit of human rights prevailed in a context of peace, equality and justice.
TERESA RIBEIRO, Deputy Foreign Minister of Portugal, said that the spirit of cooperation that they were seeing in the Universal Periodic Review could not prevail at the expense of remaining silent in the face of gross and systematic human rights violations. It was vital that the Human Rights Council addressed and made recommendations on situations of violations of human rights or it would lose its credibility. Silence or inaction would not be understood, not by the victims of human rights violations around the world, and not by their own constituencies. They were presently witnessing such situations of concern in various parts of the world that should be dealt with by the Council in this session. That was why Portugal supported the renewal of the mandates of technical cooperation and assistance for Somalia and for the Democratic Republic of Congo.
At the same time, they could not forget the victims of human rights violations. Their number did not cease to grow in Sudan, particularly in Darfur, or Iran. In Zimbabwe, the new government had brought hope that their situation would finally begin to be addressed, but urgent steps needed to be taken in that direction. In Sri Lanka, their situation remained of concern and again action was required to stop these violations. mIt was their moral duty to speak up so they could work together to better ensure that human rights were duly observed.
Portugal also praised the countless anonymous human rights defenders, staff of human rights organizations, lawyers, journalists, judges, teachers, doctors, politicians, students and numerous activists who contributed, through their daily work, to the prevention of human rights violations that could otherwise escalate into more suffering. Often, they were themselves the target of threats, attacks and harassment. The work of the human rights defenders was crucial to the work of the Council. Therefore the Council had the duty to ensure their freedom of movement and speech and to make sure that their protection was safeguarded at all times. Many voices had already brought up the issue of the review of the Human Rights Council. While Portugal agreed on the importance of preparing well for this exercise, Portugal would like to see them more concentrated on the realization of the full potential of this Council in the time ahead.
ABDEL DAIEM ZUMRAWI, Deputy Minister of Justice for Sudan, said that many developments had taken place in Sudan over the past year. On a political level, the Government had held meetings with the armed groups, and had encouraged the laudable exercise by the Government of South Sudan to unify the negotiating positions of those groups. Similarly, dedicated pursuits had succeeded in invigorating the Dakar understanding between the Government of Sudan and Chad, leading to a resumption of diplomatic ties. All of the political actors, either in the Government or in the opposition, had participated alongside the social and tribal leaders and representative structures and organizations of the women in Darfur.
The Doha negotiations had affirmed the good intentions between the Government and the Justice and Equality movement. The two sides fell short of adopting a framework agreement that included cessation of hostilities; however, the negotiations brought movement to the dialogue with the Government for the first time. Another step forward in the negotiations was the setting of a timeframe for continued negotiations and that both sides were engaged in dialogue without a desire to exclude others from it. Key facilitators and supporters of the Doha negotiations included Qatar, the United Nations mediator, the African Union and the Arab League. Mr. Zumrawi said that Sudan called upon the United States, the European Union and the Organization of the Islamic Conference to increase their contribution to a peaceful solution, especially by applying pressure on all armed groups.
The Ministry of Justice in Sudan recently appointed a special prosecutor to investigate the major cases cited in the reports of the national and international commissions of enquiry. The prosecutor commenced his mandate by looking into the Deleij case, underscored Mr. Zumrawi. The Government legislated registration of political parties, to pave the way to democratic transition that was prescribed by the Comprehensive Peace Agreement. In addition, the Government passed the elections law, which spelt out the peaceful devolution of power and assigned a representation of 25 percent being women. Furthermore, an Election Commission was set up following wide consultations with political parties. The Commission was composed of independent persons and was chaired by a prominent lawyer in South Sudan. The economic development of Darfur, especially with regard to infrastructure, directly and adequately addressed the roots causes of the crisis. As such The Government had allocated $ 650 million to carry out a comprehensive plan for roads.
MARKO KARADZIC, State Secretary at the Ministry for Human and Minority Rights of Serbia, said human rights were the foundation of a fair, democratic, inclusive and peaceful society. The struggle to instil a sense of respect and obligation in all States and all individuals to promote human rights throughout the world stood at the very peak of mankind's twentieth century achievements. The Democratic Government of Serbia was proud of its record as a central pillar of human rights protection in Southeast Europe. Since democratic changes in October 2000, it had taken significant steps forward in the protection of human rights in the country - nevertheless, it still had a long way to go. In the last few years, a considerable increase in the pace of reform had been achieved, and Serbia had embarked upon far-reaching measures to strengthen and reform the judiciary so as to ensure an independent, effective and efficient institution that was essential for a just, transparent, and accountable Government.
Among the main commitments of Serbia was to cooperate fully with treaty bodies and actively participate in the discussions on reform of the treaty bodies for a more effective monitoring system; to promote the further development of multi-ethnic and multicultural societies in all their aspects, domestically and worldwide; and to work with civil society in the promotion and implementation of human rights programmes, as well as to undertake the widest possible promotion of human rights through actions to combat impunity. Serbia was dedicated to pressing forward with its promotion of cultural diversity, believing diversity to be a source of strength, and embracing the view that individual cultures prospered and progressed where they came into contact with others.
Unfortunately, these values were not respected in the Autonomous Province of Kosovo and Metohija, a place where the vulnerable had been simply forgotten. In Kosovo, human rights were frequently violated, and political violence, impunity for common and political crimes, intimidation and discrimination were common place. Organised crime and corruption were largely unchecked, witness harassment was widespread, and trafficking of women remained a serious issue, as was forced prostitution. The unilateral, illegal and illegitimate declaration of independence of Kosovo's Assembly on 17 February from Serbia had profoundly affected that country, and it would never recognise the attempt by the Pristina authorities to unilaterally secede. Serbia called upon the countries that had recognised Kosovo to reconsider and help Serbia defend the international system from being fundamentally undermined. Recognising the unilateral declaration of Kosovo's independence from Serbia legitimised the forced partition of internationally recognised sovereign States.
______________
For use of the information media; not an official record
Tags
VIEW THIS PAGE IN: