HUMAN RIGHTS COUNCIL HEARS PRESENTATION OF REPORTS ON HUMAN RIGHTS AND EXTREME POVERTY AND ON THE EFFECT OF FOREIGN DEBT ON HUMAN RIGHTS

Human Rights Council
MORNING
5 June 2009


Council Concludes General Debate on Update by High Commissioner for Human Rights

The Human Rights Council this morning heard the presentation of reports by the Independent Expert on the question of human rights and extreme poverty and the Independent Expert on the effects of foreign debt and other related international financial obligations on the full enjoyment of all human rights, particularly economic, social and cultural rights. At the beginning of the meeting, the Council concluded its general debate on the update of the High Commissioner for Human Rights.

Magdalena Sepulveda Carmona, Independent Expert on the question of human rights and extreme poverty, said that in recent years, numerous cash transfer programmes have been implemented in all regions of the world, especially in Latin America, Africa and South Asia. Cash transfer programmes provided non-contributory payments in the form of cash to individuals or households living in extreme poverty with the aim of improving their situation. From a human rights point of view, cash transfer programmes had many reported benefits. They had the potential to assist in the realization of the right to an adequate standard of living, including food, clothing and housing, and the rights to health and work. As a component of social assistance policies, cash transfer programmes could also contribute to the realization of the right to social security. The report stressed that cash transfer programmes alone could not provide a substitute for social security schemes as defined by international human rights law and labour law. States must fully integrate cash transfer programmes within broader social protection systems.

Cephas Lumina, Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights, said that his report highlighted the limitations of the current debt relief initiatives and called for a human rights-based approach to the debt crisis which took into account the principles of transparency, accountability, participation, non-discrimination and the universality, interdependence and indivisibility of all human rights. Human rights should occupy a central place in the global response to the debt crisis. The Independent Expert recently concluded missions to Norway and Ecuador, the primary aim of which was to examine the unique roles of the two countries as creditor and debtor in the debate concerning illegitimate debt and its cancellation with a view to identifying best practices that could be replicated in other countries. In the period before the next report, the Independent Expert planned to continue work on the development of the draft general guidelines on foreign debt and human rights, with a view to presenting an update thereon to the Council next year, and to devote attention to the linkages between trade and debt and to the issues of co-responsibility and illegitimate debt.

Ecuador spoke as a concerned country. Nigeria and Ecuador spoke in the interactive dialogue on the reports on human rights and extreme poverty and on the effect of foreign debt on human rights.

In the general debate on the High Commissioner’s update, countries agreed with the focus that the High Commissioner had put on migrants and their human rights. Discussing the situation of migrants, States had to focus on their human rights. It was crucial for the international community to address the root causes of migration, such as poverty, social inequality, conflict, natural disaster, or persecution, and to take into consideration the political, economic and social dimensions in the host countries as well. Countries also supported the High Commissioner’s emphasis on the issue of civilians in armed conflicts and the need to maintain the respect for their human rights. Her notion about the ability of the Council to draw attention to civilian suffering through various formats and to create and sustain permanently a pattern of vigilance was widely welcomed by States. The current global economic crisis was having an enormous impact on the enjoyment of human rights and socially vulnerable people were particularly susceptible to such a crisis. Thus, countries hoped that the Office would continue to work on the issue of the socially vulnerable. Several countries agreed that addressing human rights issues was an integral part of the peace process in Nepal, and urged the Government of Nepal to extend the mandate of the Office of the High Commissioner for Human Rights there.

In the general debate on the High Commissioner’s update, the following countries spoke: United Kingdom, China, Switzerland, Brazil, Philippines, Azerbaijan, Japan, Mexico, Jordan, Canada, Republic of Korea, Nigeria, Pakistan, France, Germany, Malaysia, Slovenia, Qatar, Chile, Algeria, Turkey, Maldives, Norway, Austria, Ireland, Australia, Morocco, Denmark, the United States and Kazakhstan.

Also speaking were the following non-governmental organizations: France Libertés – Fondation Danielle Mitterrand, Arab Commission for Human Rights, Lawyers Rights Watch, in a joint statement with, Asian Legal Resource Centre; Cairo Institute for Human Rights Studies, Asian Forum for Human Rights and Development (Forum-Asia), Amnesty International, Canadian HIV/Aids Legal Network, North-South XXI, Human Rights Council of Australia, Asia Pacific Forum on Women, Law and Development, Indian Movement “Tupaj Amaru”, International Movement against all Forms of Discrimination and Racism (IMADR), in a joint statement with, Lutheran World Federation, and Pax Romana; Indian Council of South America, Colombian Commission of Jurists, International Institute for Non-Aligned Studies, and Commission to Study the Organization of Peace.

The Council will meet again this afternoon at 3 p.m. to conclude its general debate on human rights and extreme poverty and on the effect of foreign debt on human rights. It will then hear Deputy High Commissioner for Human Rights Kyung-wha Kang present reports by the Office of the High Commissioner for Human Rights and by the Secretary-General.


Documents

The Council has before it the report of the Independent Expert on the question of human rights and extreme poverty, (A/HRC/11/9), which focuses on cash transfer programmes. These are non-contributory programmes providing payments in the form of cash to individuals or households. The primary objective of cash transfer programmes is to increase the real income of beneficiaries in order to enable a minimum level of consumption within the household. Cash transfer programmes have been identified as effective tools for poverty eradication due to their capacity to reduce economic inequalities and break the intergenerational transmission of poverty. Yet these programmes have seldom been discussed or analysed from a human rights perspective. The Independent Expert recognizes that cash transfer programmes are a tool that can assist States in fulfilling their obligations under national, regional and international human rights law; however, the transfers may have an impact on the exercise of a number of economic, social, cultural, civil and political rights. In particular, cash transfer programmes have the potential to assist in the realization of the right to an adequate standard of living, including adequate food, clothing and housing. Nonetheless, cash transfer programmes are not necessarily the most appropriate and effective means of tackling extreme poverty and protecting human rights in all contexts. The report also notes that cash transfer programmes should be seen as only one component of social assistance policies. As such, they must be integrated within social protection systems and grounded by solid legal and institutional frameworks framed by human rights standards and principles. This report aims to promote further analysis of the impact of cash transfer programmes on the fulfilment of the human rights of beneficiaries.

The Council has before it the report of Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights (A/HRC/11/10), which recalls the plan of implementation of the mandate and the broad objectives it seeks to achieve and proposes a preliminary conceptual framework for understanding the connection between foreign debt and human rights, based on international legal standards. The framework includes a definition of foreign debt, a brief discussion of the relationship between foreign debt and human rights, the value of a human rights-based approach to foreign debt, a review of international standards that are relevant to the mandate, States’ obligations in the framework of international cooperation, the obligations of international financial institutions, and the principle of shared responsibility. While acknowledging the important role of the international financial institutions in addressing the debt crisis, the report argues that a human rights-based approach to foreign debt offers specific value through its emphasis on participation, non-discrimination, transparency, accountability and the universality, interdependence and indivisibility of all human rights, to ensure that the goals of development in general and debt relief measures in particular are consistent with international human rights standards. Finally, the report outlines the issues to which attention would be devote to during the period 2009-2010; which include the review and development of the draft general guidelines on foreign debt and human rights, exploring the linkages between trade and debt, and examining the issue of illegitimate debt.

Presentation of Reports on Foreign Debt on the Full Enjoyment of Human Rights, and on Human Rights and Extreme Poverty

MAGDALENA SEPULVEDA CARMONA, Independent Expert on the question of human rights and extreme poverty, said both reports addressed the relationship between extreme poverty and human rights and focused on analyzing concrete initiatives that aimed to alleviate the situations of those living in poverty. As proposed in her initial report to the General Assembly in 2008, the thematic report addressed cash transfer programmes. In recent years, numerous cash transfer programmes have been implemented in all regions of the world, especially in Latin America, Africa and South Asia. Cash transfer programmes provided non-contributory payments in the form of cash to individuals or households living in extreme poverty with the aim of improving their situation. These programmes have been identified by many States and international financial institutions as effective tools for poverty eradication, as they may help to improve economic indicators, reduce economic inequalities and broke the intergenerational transmission of poverty. A large number of cash transfer programmes were also extremely interesting because they were developed and replicated through South-South cooperation.

From a human rights point of view, cash transfer programmes had many reported benefits. They had the potential to assist in the realization of the right to an adequate standard of living (including food, clothing and housing), and the rights to health and work. As a component of social assistance policies, cash transfer programmes could also contribute to the realization of the right to social security, observed Ms. Carmona. Cash transfer programmes were not necessarily the most appropriate and effective means of tackling extreme poverty and protecting human rights in all contexts. Much more attention needed to be paid to human rights standards and principles in the design, implementation and monitoring of the many different types of cash transfer programmes in place today, to avoid negative side-effects and ensure a long lasting impact for those living in extreme poverty. Cash transfer programmes did not work in isolation. Cash transfer programmes must be based on appropriate legal and institutional frameworks. The implementation of social protection systems was not a matter of charity, but were part of States’ human rights obligations, underscored the Expert.

The report stressed that cash transfer programmes alone could not provide a substitute for social security schemes as defined by international human rights law and labour law. States must fully integrate cash transfer programmes within broader social protection systems. Ms. Carmona said the question of who should benefit from cash transfer programmes was a question of central concern for policy makers and those responsible for their implementation. The principle of equality and non-discrimination required States to give priority to disadvantaged and marginalized individuals and groups. Moreover, the report stressed that States implementing conditional cash transfer programmes must have the financial and administrative capacity to monitor compliance with conditions while simultaneously providing access to quality social services such as education and health. The report also stressed the need to reinforce the participation of people receiving cash transfers in decisions affecting them. Without fair, transparent and effective mechanisms that enabled beneficiaries to actively participate, cash transfer programmes were vulnerable to political manipulation. Further, Ms. Carmona noted that the report referred in detail to the impact of cash transfer programmes on women, children and persons with disabilities; and highlighted the importance of mainstreaming gender in these programmes.

CEPHAS LUMINA, Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights, said since taking up his appointment, he had undertaken numerous activities broadly aimed at achieving the objectives he announced in his initial report to the General Assembly. These activities had included consultations with a wide range of stakeholders, and participating in various meetings and conferences such as the Social Forum. His report to the Council proposed a preliminary conceptual framework for understanding the link between human rights and debt, and proceeded from the basis that foreign debt, in so far as its servicing entailed the diversion of scarce national resources away from programmes aimed at improving a variety of social conditions which were also framed as human rights, was a human rights issue. The conceptual framework underscored the principles of international assistance and cooperation and shared responsibility in global efforts to address the debt crisis.

The report also highlighted the limitations of the current debt relief initiatives and called for a human rights-based approach to the debt crisis which took into account the principles of transparency, accountability, participation, non-discrimination and the universality, interdependence and indivisibility of all human rights. Human rights should occupy a central place in the global response to the debt crisis. The Independent Expert recently concluded missions to Norway and Ecuador, the primary aim of which was to examine the unique roles of the two countries as creditor and debtor in the debate concerning illegitimate debt and its cancellation with a view to identifying best practices that could be replicated in other countries. It was clear that the absence of an internationally-accepted definition of illegitimate debt was an obstacle in the global efforts to address the debt crisis. Vibrant civil society advocacy, and responsive Government and media campaigns to inform the public about the complex issues related to sovereign debt were critical elements in Government efforts to examine their roles as creditor and debtor.

In the period before the next report, the Independent Expert planned to continue work on the development of the draft general guidelines on foreign debt and human rights, with a view to presenting an update thereon to the Council next year, and to devote attention to the linkages between trade and debt and to the issues of co-responsibility and illegitimate debt. The current global economic and financial crises provided a prime opportunity to integrate principles such as accountability, participation and transparency into the process of reforming the global financial architecture, working towards a more equitable system, which not only promoted economic prosperity, but also, more importantly, advanced the enjoyment of all human rights. The crises should not result in a scaling-down of debt relief, nor should they be used as an excuse to stop debt relief measures, as this would have negative implications for the enjoyment of human rights in the affected countries. Both creditors and debtors should urgently consider the preparation of human rights impact assessments, with regard to development projects, loan agreements, or Poverty Reduction Strategy Papers as a preliminary step towards incorporating a human rights-based approach to development cooperation in general, and the debt problem in particular.

Statement by Concerned Country

MARIA ELSA VITERI (Ecuador), speaking as a concerned country, said that the current Government of Ecuador had decided to target its management tools to poverty reduction and to the reduction of extreme poverty. The delegation stressed that education and health were free in Ecuador. In the Independent Expert’s report, seven recommendations had been set out. Those were going to be considered closely by the relevant bodies in Ecuador. The Government agreed fully that it should avoid any backtracking regarding economic social and cultural rights in the country. Access to free health services and education had to be improved, as well as the quality of those services. Ecuador also agreed with the recommendation that it needed to redouble efforts to ensure the direct application of rights through the organs responsible for the administration of justice. Ecuador was already working on the elimination of obstacles to access to the justice system and other institutions. Measures had also been taken with regard to the elimination of geographical and economic obstacles to access to the justice system. Ecuador was committed to strengthening mechanisms for accountability as well as social mechanisms. The right to social security had to be made universal. Despite the serious economic and financial crisis, budgetary allocations for the social sector would be continued as social investment needed a structure that helped the depressed areas and helped promote human rights.

Interactive Dialogue on Reports on Foreign Debt on the Full Enjoyment of Human Rights, and on Human Rights and Extreme Poverty

IFEANYI NWOSY (Nigeria) commended the Independent Expert on the question of human rights and extreme poverty. The focus on cash transfer programmes was well noted. Nigeria agreed that poverty was not an economic issue, but a human rights one and as such needed to integrate a human rights perspective when analysing and addressing it. This issue was of particular importance with respect to developing countries. The delegation of Nigeria asked the Independent Expert how could the various grants and allowances mentioned in paragraph 11 of her report be achieved, especially in the face of the global and financial crisis?

MARIA ELSA VITERI (Ecuador) said the financial crisis severely affected the ability to implement social programmes. The attention of the Council should be drawn to the fact that the financial crisis also had an impact on the servicing of external debt. There should be real public debt conversion programmes established in the developing countries, turning them into social programmes. Debtor and creditor States should work together openly to determine transparent and fair financing, allowing all countries to live in compliance with their human rights commitments and obligations. Ecuador fully corroborated the words of the Independent Expert Mr. Lumina - in order to tackle fairly and properly the problems of the low and medium-income countries, the obligations of international cooperation needed to be fully recognised. Ecuador was moving towards a positive balance in levels and types of debt. After decades of servicing debt, the Government had decided to carry out an independent audit to assess the legitimacy of this, a pioneering action in the international context, and the results of the audit had been rather alarming. Those who had suffered most from the economic burden had been the poorest in the country, whereas other groups had been enriched. No definition of illegitimate debt had been internationally accepted. The difficulties facing international lawyers in defining this should not be restricted to sovereign States and public, private and international institutions.

Continuation of Debate on Update of High Commissioner for Human Rights

PETER GOODERHAM (United Kingdom) said the United Kingdom welcomed the support of the Office of the High Commissioner for the Durban Review Conference - its outcome document represented an opportunity to move on from the divisions of the past, but international efforts to combat racism had to be more than just the Durban process if the lives of victims were to be improved. It was essential that the Office continue to give a voice to rights holders around the world, including civilians caught up in armed conflict. Neglect for basic human rights, as well as discriminatory practices, were often at the root of conflicts. Where allegations of grave violations of international humanitarian law and human rights law had been made, there should be investigation to ensure accountability of those responsible. Colombia should take all necessary steps to protect civilians and address their need for justice. The Office should support the Somali authorities to improve the human rights situation. The Government of the Democratic Republic of Congo should take up offers of assistance. The situation in Sudan continued to be of great concern. Sri Lanka should take up the High Commissioner's offer of assistance. The mandate of the Nepal Office should be renewed.

QIAN BO (China) thanked the Office of the High Commissioner for Human Rights for its effective efforts under the guidance of the High Commissioner. China supported the Office in its efforts to protect migrants. In the context of the financial crisis, the Council and the High Commissioner had to focus on developing countries. The Durban Review Conference was held with great success and China congratulated the High Commissioner on the smooth running of the Conference. China was committed to eliminating racism. China had followed with concern attempts to help treaty bodies to standardize their procedures, the treaty bodies should abide by the principles of objectivity and impartiality and should be guided by the Office of the High Commissioner for Human Rights. The Chinese Government would continue its commitment for the promotion and protection of human rights through the Human Rights Council, especially after its reelection to the Council.

JURG LAUBER (Switzerland) thanked the High Commissioner for her report and presentation, which was noted with great interest. The High Commissioner nourished the debate and gave oxygen to the discussion. There was no need to go back on the independence of the High Commissioner and her Office. The independence of Special Rapporteurs and Independent Experts should also be preserved. The Durban Review Conference was an important step in combating racism, racial discrimination, xenophobia and related forms of intolerance. The High Commissioner noted that a rights based approach was to be applied to the rights of migrants for the period of 2010-2011 in the Office of the High Commissioner for Human Rights, which was welcomed. Switzerland had been engaged in the dialogue on migrants, as the situation of migrants residing illegally or long-term was an ongoing issue. Whether migrants were residing in the country illegally or legally, there were social services available to them. Switzerland continued to reinforce integration and encouraged coexistence and respect for the values contained in the Constitution, including tolerance. Further, it was of the utmost importance that the civilian population must be protected, and whoever violated human rights should be brought to justice, and human rights should be protected in all situations whether in times of peace or conflict.

ALEXANDRE GUIDO LOPES PAROLA (Brazil) said it was up to the Council to make itself the leading venue within the United Nations system to safeguard fundamental human rights. The Durban Review Conference was a successful platform to allow the international community to fight racism. Unity in diversity was the spirit to move ahead with the Durban agenda. States of origin and of destination shared the responsibility for the well-being of migrants and the protection of their human rights. Brazil concurred with the High Commissioner's assessment of failed migration policies, such as those on return and criminalisation of undocumented migrants. Successful policies were those that promoted integration and the full enjoyment of fundamental rights. On internally displaced persons, Brazil had been very encouraged by recent presentations by John Holmes to the Humanitarian Liaison Working Group in New York.

TERESA C. LEPATAN (Philippines) said that the Philippines appreciated the focus given by the High Commissioner on the protection of the human rights of migrants. The Philippines felt that there must be better dialogue and understanding on the importance of promoting and protecting the human rights of migrants between countries of origin, transit and destination. The Philippines believed that migration was a force for human development, economic growth, and intercultural understanding. Many present day countries of destination relied on international migration as a source of growth, with populations going abroad in the search of better opportunities. The Philippines strongly encouraged all States, especially destination countries, to sign and ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.

MAMMAD TALIBOV (Azerbaijan) said the Human Rights Council during its three years of existence had demonstrated on many occasions that it was able to address a great variety of serious concerns of the victims of violations of human rights around the world. No one would deny these achievements and looking back one could be satisfied with the work done: during these three annual cycles the Council had finalized its institution building, successfully launched the Universal Periodic Review mechanism, reviewed all mandates of the former Commission as well as managed to expeditiously react to the urgent human rights situations around the globe. All this testified to the positive track on which the United Nations human rights machinery found itself since the inception of the Council. Being a founding member of this Council Azerbaijan had always actively engaged in its work conducted in the spirit of dialogue, cooperation and transparency. However, there should be no room for complacency since there still remained much to be done by this body to live up to its task of improvement of human rights situations in the world. Azerbaijan appreciated that the High Commissioner gave focus to the pertinent problem of the human rights of migrants. Azerbaijan was particularly concerned about the human rights of child migrants as one of the most vulnerable groups suffering from exploitation in the workplace and sexual exploitation. Azerbaijan also shared the grave concerns expressed by the High Commissioner with respect to the human rights of civilians in armed conflicts.

The Representative of Japan said the Durban Review Conference in April served as a platform for the renewed commitment of the international community to combat the issues of racism, racial discrimination, xenophobia and related intolerance. That the international community was able to reach an agreement on the outcome document testified to the existence of a clear commitment from the international community on these issues. Promoting a human rights-based approach to migration would be one of the priorities of the Office of the High Commissioner for Human Rights in the coming years. The current global economic crisis was having an enormous impact, and socially vulnerable people were particularly susceptible to such a crisis. Thus, Japan hoped that the Office would continue to work on the issue of the socially vulnerable. Japan welcomed the timely reference in the High Commissioner's statement to several country situations in the context of civilians in armed conflict, and shared the concern on these situations, and urged the parties to the conflicts to ensure the security of civilians, including internally displaced persons, during armed conflict. By focusing on every individual facing various mutually related threats such as poverty and armed conflict and by protecting and empowering these individuals and communities, the international community would be able to deal with threats in an inclusive and effective manner, which also contributed to the process of nation-building.

MABEL GOMEZ OLIVER (Mexico) said that Mexico agreed with the High Commissioner’s assessment as regards the success of the Durban Review Conference. Mexico reiterated her invitation to those countries that did not participate in the Conference to lend their support to its results, guided by the unequivocal commitment to the elimination of racism in all its forms and on the basis of an objective analysis of the outcome document. Mexico believed that discussions on migration should have at their heart the human rights of migrants. Without doubt, the Council had the responsibility to remain vigilant for the protection of civilians in armed conflict, irrespective of where they happened to be. Mexico joined the High Commissioner in her appeal to all parties of conflict to comply with their obligation to protect the civil population from the terrible consequences of hostilities, with special attention to vulnerable groups.

MUTAZ HYASSAT (Jordan) thanked the High Commissioner for her interesting statement and assured her of Jordan’s continued and full support for her sincere efforts in the promotion and protection of human rights and fundamental freedoms worldwide. With respect to the issue of migrants and irregular migration, Jordan believed that the underlying causes and consequences of this issue should be tackled in a comprehensive manner, while at the same time ensuring that all measures and actions taken in this regard must be measured against the provisions and standards of human rights law. In this context, Jordan welcomed the intention of the High Commissioner to promote a human rights based approach to migration and looked forward to her updates and progress reports made in the future. It was deplorable that civilians in armed conflicts continued to suffer and faced grave violations of international humanitarian law and human rights law. In this regard, Jordan fully shared the appeals for the strict and full compliance with the provisions of international humanitarian law and human rights law, stressing that issues relating to the provision of humanitarian assistance, accountability, national reconciliation and reparation must be in line with international law. With regard to the translation of documents into the official languages of the United Nations, Jordan urged the Secretariat to find a satisfactory solution to the issue of translating documents into the official languages of the United Nations.

MARIUS GRINIUS (Canada) said Canada was deeply concerned by the renewed fighting in Somalia and the severe impact the worsening humanitarian situation was having on the civilian population. Canada was encouraged by the steps taken thus far by the Government to form a more inclusive Government. Additional efforts would be necessary to bring lasting peace and stability to the Somali people. All parties should respect international humanitarian law and human rights. Canada welcomed the Colombian Government's invitation to a number of special procedure mandate holders. However, there remained numerous ongoing challenges in Colombia at this time. Groups as human rights defenders, community leaders, journalists and trade unionists were particularly vulnerable, while indigenous groups, women and children continued to be the most affected by the conflict. The Government should act on the recommendations to which Colombia committed under the Universal Periodic Review process. Canada concurred with the assessment of the High Commissioner that addressing human rights issues was an integral part of the peace process in Nepal, and urged the Government to extend the mandate of the Office there.

SUNG-JOO LEE (Republic of Korea) said that migration today posed a real challenge to any society, whether in countries of origin, transit or destination. It was the Republic of Korea’s firm belief that migrants should enjoy the entire range of human rights and should be treated with dignity. Unfortunately, however, the reality was that migrants, wherever they were, tended to be subject to multiple forms of discrimination. Low awareness, cultural misunderstanding or racism were some of the common root causes of discrimination. The lack of economic and social capacity could be an inevitable reason that restrained a host country’s political wick from upholding all kinds of human rights for migrants. A human rights-based approach to migration would indeed be useful to raise the level of accountability by clearly identifying claim-holders and duty-bearers. The Republic of Korea also believed that it was crucial for the international community to address the root causes of migration, such as poverty, social inequality, conflict, natural disaster, or persecution, and take into consideration the political, economic and social dimensions in the host countries as well.

IFEANYI NWOSY (Nigeria) commended the High Commissioner for Human Rights for her assessment of the activities of her Office. Nigeria appreciated increasing engagement between the High Commissioner and the Council and called for more formal and informal dialogues. It was imperative that the mandate of the High Commissioner should be maintained and the advocacy role of her Office should remain unconstrained. The role of the Council was never in question, given the nature of all intergovernmental processes to take policy decisions and the mandate of the secretariat to facilitate its implementation. The statement of the High Commissioner was quite timely with regard to migration. The rapid increase in international migration had continued to impact on the desire to ensure a dignified life and respect for the rights of migrants. More troubling was the vulnerable situation of unskilled or irregular migrant workers whose abuse was seldom reported. Irregular migrants who were subjected to abuse by immigration authorities in the course of deportation rarely reported their experiences or took legal actions on arrival in their home country. Violations had been generally under-recorded and a policy framework to address these reoccurring problems was nonexistent. These thorny questions on migration must be comprehensively addressed.

EMMANUEL PINEDA (France) said with regards to the protection of civilians during armed conflict, too often civilians, in particular women and children, were the first victims of armed conflicts, children enrolled as soldiers, and women raped as a weapon of war. Faced with this intolerable situation, the international community needed to react. The fight against sexual violence should be stepped up, and the European Union waged this fight as part of its civilian and military activities. The question of sexual violence against children should also be tackled, regardless or not of whether there were child soldiers involved. The problem of the protection of civilians was included in European Union peace-keeping operations under the United Nations flag. The global financial crisis had worsened xenophobic tendencies, and work had to be done to ensure that this did not impact on the rights of migrants and refugees. More work should be done on investigating allegations of impunity, with impartial investigations to examine alleged violations of human rights throughout the world, which implied supporting the International Criminal Court. There was no peace without justice.

REINHARD SCHWEPPE (Germany) said that the last special session on Sri Lanka had just highlighted the importance of the independence of the High Commissioner and her Office. Germany commended the High Commissioner for participating in the debate in spite of her absence from Geneva, and notably for the open and clear assessment of the suffering of hundreds of thousands of innocent civilians during and after the end of the fighting. The High Commissioner’s report put particular emphasis on the issue of civilians in armed conflicts and the need to maintain the respect for their human rights. Germany supported the High Commissioner’s notion about the ability of the Council to draw attention to civilian suffering through various formats and to create and sustain permanently a pattern of vigilance. Germany was looking forward to the dialogue on the promotion of a human rights based approach to migration as one of the priorities of the Office of the High Commissioner for Human Rights in 2010 and 2011.

SITI HAJJAR ADNIN (Malaysia) said the issue of migration mentioned by the High Commissioner in her update statement was undoubtedly one of the crucial challenges which the international community was facing today. Given that migration and development was an integral part of today’s global economic, financial and social life, Malaysia was of the view that the issue needed to be addressed in a comprehensive manner, in particular in the context of the current international challenges, including the current economic crisis. Many developing countries were now enduring multiple and growing crises linked to trade, financial flows, balance of payment, and export and currency fluctuations. Governments were now faced with the challenge to ensure that this crisis would not turn into a humanitarian crisis for their populations. It was therefore important for the international community to find a solution to the economic crisis quickly by giving equal attention to developing countries. This was to ensure that the Governments’ capacity to carry out their responsibilities to protect the human rights of vulnerable groups would not be diminished. Malaysia shared the High Commissioner’s concern on the situation of civilians trapped in armed conflict. Compliance with international humanitarian law, human rights law, refugee law and international criminal law by all parties concerned provided the best basis for ensuring the safety of the civilian population.

ANDREJ LOGAR (Slovenia) said the High Commissioner's statement highlighted the fight against racism, racial discrimination, xenophobia and related intolerance and discrimination. For Slovenia, combating racism and discrimination was a priority not only in the national framework, but also in its role as the current Chairman of the Committee of Ministers of the Council of Europe. Respect for the human rights of migrants was to be addressed in the context of all current international challenges, including the economic and financial crises; climate change; human trafficking, and counter-terrorism. The human rights of migrants should be protected in countries of origin, transit, and destination. This was a complex issue in which all different stakeholders needed to play their role. Slovenia was alarmed by the grave human rights situation in Sudan, and was convinced that the Council must address without delay appropriately the human rights situation in that State. Ending impunity was a precondition for sustainable peace and security. All alleged breaches of international law should be lawfully investigated by credible, independent, and transparent accountability mechanisms.

KHALID FAHAD AL-HAJRI (Qatar) said that Qatar was proud about everything that had been accomplished since the Council had been set up. Qatar was pleased to note the success that had been achieved regarding the mandates of special procedures, the Universal Periodic Review and the immediate response to emergency situations through special sessions. Qatar shared the High Commissioner’s concern with respect to challenges and gaps that impeded the Council in a number of areas. Qatar stressed the need to make additional efforts to combat racism; the need for human rights training and education; and the need to face up to the consequences of the economic and financial crisis and its impact on the enjoyment of human rights. Qatar was committed to join the Council in its efforts for greater efficacy.

CARLOS PORTALES (Chile) congratulated the High Commissioner for her annual report. Chile agreed that the Durban Review Conference was important and emphasized the role of the High Commissioner there, and how important it was to implement the agreements made there to fight racism, racial discrimination, xenophobia and related forms of intolerance. The issue of migrants was extremely important and a rights-based approach was key to this issue. There were many countries that were both host countries and countries of origin; a long-term solution was necessary. Concerns were raised, including on civilians caught in armed conflict, sexual violence, and respect for international humanitarian law, among others, which were key issues and viable topics for the Council to address. Colombia noted measures of cooperation it planned to take with respect to the invitation of Special Rapporteurs to visit the country and should be replicated by others. Cooperation was necessary for the promotion and protection of human rights. The protection of individuals’ vis-à-vis the State was the starting point for cooperation with the international human rights system, and without this there could not be true cooperation. Chile supported the High Commissioner and her Office.

IDRISS JAZAIRY (Algeria) said Algeria agreed with the position of the High Commissioner on migration, and urged her to do more in Western host countries to ensure the respect of the Convention on the Rights of Migrant Workers and Members of their Families. In future, the presentation should be made as part of a formal Council meeting - it was time to address the institutional relationship between the Council and the High Commissioner, while respecting the independence of both. The presentation tackled the issue of protection of civilians in armed conflict, but some of the situations mentioned, such as that of Pakistan, did not really come under the concept of armed conflict. In Sri Lanka, it was up to Sri Lanka alone to prepare a strategy to prepare them to escape from the situation they were now in. Algeria was surprised at the declaration recently made by the High Commissioner on the issue of sexual orientation - this issue had no relevance to human rights. The High Commissioner should ensure that the special procedure mandate holders respected their code of conduct. The creation of a regional or sub-regional Office was not a matter between the Office and the host country, but should be debated and collectively agreed to by all countries concerned.

ALI ONANER (Turkey) said that Turkey welcomed the recognition of the human rights based approach to migration as one of the priorities of the Office in 2010 and 2011. In promoting human rights of migrants, the Office should address the multiple forms of discrimination that migrants faced in host societies, in particular their exclusion from democratic processes. Concerning the human rights of all persons in the context of armed conflict, Turkey believed that while the Council was responsible for the protection of all human rights, its engagement in the protection of civilians in armed conflict should be considered with a consensual approach taking into account the necessity to avoid duplication. Turkey said that the launch and the successful functioning of the Universal Periodic Review would not have been possible without the valuable assistance of the Office. This support had enabled the Universal Periodic Review to be perceived as the most significant outcome of the reform process establishing the Council.

SHAZRA ABDUL SATTAR (Maldives) welcomed the High Commissioner’s decision to prioritize human rights in the context of migration, and agreed that work in this area must be sensitive to the full range of contemporary international challenges. The Maldives requested that in the course of its work, the Office of the High Commissioner for Human Rights give particular emphasis to rights and responsibilities in the context of climate-driven displacement. Such displacement was already a significant problem and would become increasingly important over the coming decades. The Global Humanitarian Forum’s recently-released climate change human impact report estimated that there were currently around 26 million people who had been displaced because of climate change impacts including weather-related disasters, sea-level rise, desertification and the long-term failure of food crops and water sources. This number was expected to triple by 2030 while the Intergovernmental Panel on Climate Change and the Stern Review predicted that there would be between 150 million and 200 million people displaced as a cause of global warming by 2050. And yet at present the rights of these people were undefined and unprotected. Neither the 1961 Refugee Convention and its protocol, nor the United Nations Framework Convention on Climate Change covered or safeguarded climate displaced persons. Current protection for internally displaced persons was also inadequate as people would increasingly need to move across borders. The Maldives called on the Office of the High Commissioner for Human Rights, in the course of its work on the rights of migrants, to address this gap.

BEATE STIRO (Norway) said the Human Rights Council had an obligation to deal with the situations raised by the High Commissioner in a timely and effective manner. It was equally important that the Office continue to offer its valuable assistance in critical phases of transition. The Durban Review Conference became a success thanks to the efforts of the High Commissioner, who played a key role in building a broad consensus for a strong and relevant message from the United Nations on the continued need for fighting racism and racial discrimination. Institutionalised gender discrimination involving an element of State sanction was entirely incompatible with the Universal Declaration of Human Rights and the United Nations Charter. The Human Rights Council should address this issue with an open mind, and assume responsibility for progress when it came to pledges made to revoke any laws that discriminated on the basis of sex. Norway would support the establishment of a mechanism to address discriminatory laws.

CHRISTIAN STROHAL (Austria) said that the High Commissioner had rightly stated that the protection of civilians in armed conflict must remain an absolute priority. Austria was particularly concerned by the increase of sexual and gender-based violence as a tactic of war as well as the effect of armed conflict on women and children. The continuing practice of recruitment and use of child soldiers in armed conflicts by State and non-State actors was a continuing concern. Austria encouraged the Human Rights Council as well as the Office of the High Commissioner for Human Rights to put a special emphasis on the protection of the civilian population, inter alia through resolutions, reports, briefings, panels and exchanges of best practices. Austria also expressed it continuous support to the Office of the High Commissioner for Human Rights country engagement and field offices which played an important role in assisting countries in their monitoring, promotion and protection of human rights.

DAITHI O CEALLAIGH (Ireland) thanked the High Commissioner for her report and leadership shown by her and her Office in recent months, most notably during the Durban Review Conference and during the eleventh Special Session of the Council, when the High Commissioner called for a credible international investigation into recent events in Sri Lanka, a call which Ireland fully supported. As the 2008 report on its activities outlined, the Office of the High Commissioner for Human Rights was engaged in important advocacy and protection work in all regions of the world. This work most often took place in a constructive and mutually respective manner. The High Commissioner and her staff were engaged in conversations with all Governments. That was their job and they were to be commended strongly for the independent and impartial manner in which they carried out this work. Ireland welcomed the attention drawn by the High Commissioner in her report on themes and areas of pressing concern. Now more than ever was the time for the Council to prove that it could act more effectively in giving political and other support to the excellent work of Office of the High Commissioner for Human Rights and the United Nations system as a whole in their independent discharge of their duties. Ireland was conscious of the increased demands placed on the Office arising from the support that the Office provided to the Council, in particular the Office’s excellent activities in support of the demanding Universal Periodic Review process.

PHILIP KIMPTON. (Australia) said the High Commissioner's update on key human rights themes and her assessment of situations of particular concern were welcome, and Australia supported the Office fully. Australia continued to welcome her focus on the Asia-Pacific region, in particular the call for unfettered access for humanitarian agencies in Sri Lanka and reconciliation for all Sri Lankans to create a lasting peace. Australia encouraged the Office's regional Office in Suva, working with other stakeholders to strengthen human rights in Fiji. Australia strongly supported the continuation of a strong and independent Office in Kathmandu, which would help to improve the understanding of Nepal's human rights situation and enable early and effective responses to concerns as they arose.

OMAR HILALE (Morocco) said that Morocco attached great importance to the issue of migrants since millions of Moroccans were working abroad. Morocco, as a country of origin, transit and destination, was convinced that trade agreements were necessary between countries that were most involved in migratory flows. This was even more important in the situation of an economic crisis which rendered the situation of migrants even more difficult. As to the protection of civilians in armed conflict, Morocco said that it was imperative to take into account the underlying causes of armed conflict and then support a peaceful resolution. Armed conflicts directly and considerably affected the civilian populations and their human rights and fundamental freedoms.

MARIE-LOUISE OVERVAD (Denmark) thanked the High Commissioner for her comprehensive statement on updates on human rights themes and on situations of particular concern. With regard to the field office in Nepal, as the delegation reiterated during the March session of the Council, Denmark had been a longstanding supporter and major donor to the field office in Nepal. Denmark strongly supported the role of the Office of the High Commissioner for Human Rights in monitoring, promoting and reporting on human rights conditions, as well as providing advisory services and support to the National Human Rights Commission and to the Government. Nepal underwent a difficult transition and the recent political developments were now creating new challenges to the peace process that the Government needed to address. Though progress had been made, the continuing presence of Office of the High Commissioner for Human Rights was crucial and needed in the years to come to support and enable the Government’s efforts to address the remaining challenges of the peace process and the human rights issues that were both a cause and a consequence of the conflict. The mandate of the office of Office of the High Commissioner for Human Rights expired on 9 June. Denmark acknowledged the just concluded 3-month extension and strongly urged the Government of Nepal and the Office of the High Commissioner for Human Rights to use the upcoming period to agree on a sustainable and viable extension of the mandate of the field office.

LAWRENCE RICHTER (United States) said this week and this month in particular, the United States recalled the courage of those who stood to defend and promote human rights and fundamental freedoms; with those who called for transparent and accountable governance; with those who risked their lives and their freedom simply to express their views. With the upsurge in conflict along the Sudan-Chad border and the cessation of hostilities in Sri Lanka, the report on human rights and armed conflict was timely. The United States urged all countries to grant free, unhindered and full access by the United Nations, the International Committee of the Red Cross and the international community to internally displaced persons. Lack of access to education, employment, housing, food, information and justice were issues that societies needed to address in order to promote equality and fair treatment. The Office should focus on best practices and particularly on Governmental measures which combated discrimination and promoted access for all citizens to basic services.

ORETTA BENADETTINI DI POGGIO, of France Libertés – Fondation Danielle Mitterrand, said that the organization applauded the High Commissioner for her focus on the situation of human rights of civilians in armed conflict. The organization had expressed concern about a number of armed conflict situations identified by the High Commissioner, especially that in Sri Lanka. The rights of the Tamil civilians in that war had been severely violated in contravention of basic norms of humanitarian and human rights law. What had been especially clear was the refusal by the Sri Lankan authorities to provide or insure provision of humanitarian aid such as food, water and medical care to Tamil civilians caught in the conflict.

ABZAL SAPARBEKULY (Kazakhstan) said that the statement made by the High Commissioner noted the key concerns felt by all. Tackling the rights of migrants was of particular concern, and Kazakhstan welcomed the rights based approach in addressing this issue. The most vulnerable categories of migrants included women and children. Kazakhstan agreed that the rights and protections of migrants would have to be addressed at the international level. The Durban Review Conference helped all to understand the complexity surrounding the issue of human rights. Kazakhstan attached great importance to the work of the Council and shared the principles of universality, non-politicization and non-selectivity. The promotion of human rights could only exist with these principles in mind. The Government was currently in the process of undergoing legal reform to improve the legal basis in the country to make it in line with international legislation.

ABDEL WAHAB HANI, of Arab Commission for Human Rights, said recent times showed evidence of criminalisation of immigration, as well as those bringing assistance to migrants. Italy had introduced a new law on immigration with particularly worrying concerns for migrants. Administrative detention centres were becoming lawless places where men, women and children were placed without adequate guarantees. The Council should establish a new mandate on administrative detention centres. The Office should study the links between occupation, racism and racial discrimination, in particular in the context of colonial occupation, specifically that undergone by the Palestinian people.


GAIL YVONNE DAVIDSON, of Lawyers Rights Watch , in a joint statement with, Asian Legal Resource Centre, said the Human Rights Council was the leading venue within the United Nations to safeguard the fundamental rights of men and women in all countries and to respond systematically and effectively to violations of these rights regardless of where they occurred. In the case of gross violations of human rights, including significant occurrences of torture, forced disappearances and extra-judicial killings, an effective response by the Council must include ensuring investigations of the causes of these violations. The Human Rights Council should create the means to itself to provide prompt, competent investigations as one of the Council's primary response mechanisms. In the absence of independent investigations, all other responses were ineffective.

DINA MANSOUR, of Cairo Institute for Human Rights Studies, said that the organization strongly endorsed the High Commissioner’s comments on the Durban Review Conference outcome document and those of the Special Rapporteur on freedom of opinion and expression. The organization saw the Durban outcome as an important tool to combat discrimination, as well as a highly positive development concerning the issue of freedom of expression and defamation of religions. The organization strongly urged all States who had not yet given their full support to the Durban outcome document to do so immediately and without reservations.

GIYOUN KIM, of Asian Forum for Human Rights and Development (Forum-Asia), appreciated the first official visit to Nepal and India by the High Commissioner which was conducted last March. The High Commissioner’s statements and dialogue with various Government officials and stakeholders in the two countries presented valuable insight and shed light on both the challenges and opportunities towards the realization of human rights on the ground. In particular, Ms. Pillay was thanked for her sincere interaction with civil society actors in the countries, thus encouraging the work and efforts of human rights defenders. During her visits, she highlighted those structural and pervasive problems which served as a major obstacle hampering further advancement of human rights and leading to significant protection gaps in the two countries. The organization echoed the emphasis placed by the High Commissioner on the issues of discrimination, religious and cast-based prejudices, lack of access to economic, social and cultural rights as well as the urgent need to tackle the institutional impunity faced by both countries.

PETER SPLINTER, of Amnesty International, said an element common to all the situations addressed by the High Commissioner was the prevalence of impunity for violations of international human rights or humanitarian law or both. The Council should establish an anti-impunity index as an integral part of the Universal Periodic Review mechanism. Used systematically, such an index would contribute to encouraging all States to provide victims and their families, as well as investigators and prosecutors, with the necessary legal framework to pursue justice. The High Commissioner should speak about how the Council could better contribute to efforts to ensure that proper attention was given to combating impunity for violations of international human rights and humanitarian law as one element of the United Nations strategy for protecting civilians in situations of armed conflict.

JOHN FISHER, of Canadian HIV/Legal Network, said that it commended the High Commissioner on her consultative approach. Regarding the special procedures, the organization remained concerned about assaults on the credibility of the special rapporteurs. There was no need for more restrictions but for more support by States to the mandate holders. As to sexual orientation, some States raised questions on the issue. There was now a significant body of jurisprudence on this issue and when faced with grave human rights violations, nobody could suggest the Council should look the other way. Regarding the independence of the Office of the High Commissioner, the organization said that the Human Rights Council was a political body and it provided an essential forum for nations to come together. The organization looked to the High Commissioner to uphold the principle of fairness and objectivity in the Council’s work.

LILY AUROVILLIAN, of North South XXI, welcomed the High Commissioner’s report to the Council. Highlighted and welcomed was the fact that the situation of human rights in Iraq was finally being mentioned in this chamber and in the High Commissioner’s report. Particularly welcomed was the High Commissioner’s expression of concern about the serious and widespread violations of human rights in occupied Iraq that clearly recognized the recent increase in violence and the continued, and apparently intentional failure by the Government of Iraq to ensure basic human rights, such as the right to fair trial and of an independent judiciary. Also noted was that the High Commissioner’s own field workers indicated that her office’s technical assistance was at best having mixed results. These reports indicated that Iraq was one of the most dangerous places in the world and was a place where human rights continued to be regularly violated.

CHRIS SIDOTI, of Human Rights Council of Australia, said there was great value in the strongly thematic approach in the report of the High Commissioner. The human rights of migrants affected every State in one way or another. It was unfortunate that the States that had ratified the Convention on the Rights of Migrant were mostly States of origin. The concern on the use of administrative detention was shared. The efforts made by the Australian Government in this regard were appreciated. The specific examples of civilians affected by armed conflict were of concern. There was concern for comments on the relationship between the Council and the High Commissioner - in many of the discussions, unfairness was obvious.

MADHU MEHRA, of Asia Pacific Forum on Women, Law and Development, said that the last two decades had seen important developments in the struggle of women. The organization also commended the contributions of the current mandate holder on violence against women to reveal all forms of violence against women. There were increasing levels and new forms of violence against women. The organization reminded Governments of their engagement to the elimination of the root causes and not only the manifestation of violence against women. Human rights played a crucial role in the elimination of violence against women. The organization looked to the High Commissioner to strengthen the mandate of the Special Rapporteur on violence against women, to ensure consistent follow-up measures and to hold a special session on the implementation of measures.

LAZARO PARY, of Indian Movement “Tupaj Amaru”, said in the vision of indigenous peoples one could not remedy damage unless one understood the economic phenomenon in the world today. The economic crisis showed that multinationals divided resources among themselves, with capital investment, car industries, petrol and telecommunication companies affecting electricity and water services. Ninety percent of the large multinationals had headquarters in Japan, United States, and the European Union. The consequences of this crisis were well known to all, and in particular the victims and among them the indigenous peoples; modest families which were doomed to poverty. Also highlighted and called into question was the legitimacy of the capitalist system. After 9/11 the world spiralled into a dangerous place with increased organized crime, insecurity and anarchy, which were all threats to peace. There was a clamp down on freedom of expression and opinion. With regard to the Durban Review Conference, it was regrettable that the western States walked out of the room instead of responding to the clamour of victims of racism, racial discrimination, xenophobia and related forms of intolerance. The right of indigenous people to reparation was reinforced both spiritually and materially as a result of colonial oppression.

SUMI OGASAWARA, of International Movement against all Forms of Discrimination and Racism (IMADR), in a joint statement with, Lutheran World Federation, and Pax Romana, said while the Durban Review Conference addressed the human rights of some specific groups, including migrants, one of the most entrenched forms of discrimination, discrimination based on work and descent, was once again left out of the final outcome document. This was one of the biggest, yet most overlooked human rights problems facing the international community today. A neglect of basic human rights, as well as discriminatory practices, was often to be found at the roots of conflicts. It was regrettably observed that violent clashes in caste-affected countries were often related to caste dynamics, which exacerbated the vulnerability of affected groups in emergences and post-conflict situations. The High Commissioner should continue to call for increased international recognition of caste-based discrimination and make the protection and promotion of these victims' rights a key priority in her work.

RONALD BARNES, of Indian Council of South America, said that the Indian Council of South America strongly encouraged the High Commissioner to persistently raise human rights issues and to call upon States to take measurable steps to address the violations. Her interventions came as a breath of fresh air when States filled the gap left by the disappearance of the Sub-Commission on Human Rights who took up issues that the former Commission refused to raise due to politicization and selectivity. Indigenous and other movements were being accused loosely as terrorists or insurgents or threats to national security when they legitimately pursued their human rights.

JEAN-PATRICK SANTORO, of Commission to Study the Organization of Peace, said in the last few decades millions of lives of civilians had been claimed and tens of millions had been displaced permanently. Homes had been destroyed and access to food, medicine and shelter had been denied. Grave violations of international humanitarian and human rights law were common to many armed conflicts. Civilians had become the primary target of attack, motivated by ethnic or religious hatred, political confrontation, or simply ruthless pursuit of economic interests. In the Swat region as well as other neighbouring regions such as Sindh, Baluchistan and Gilgit, millions of children, particularly girls, had been condemned to a life without education and of missed opportunities. The international community should step in to save the lives, livelihood, and ways of life of peoples in regions of civil conflict.

PRAMILA SRIVASTAVA, of International Institute for Non-Aligned Studies, said that in all armed conflicts it was the civilian population, especially the women and children, who faced maximum problems. Unfortunately, international humanitarian law and human rights law were violated by all the warring parties, which resulted in mass displacement and destruction. Due to increasing social strife in the society, the civilians had become the soft primary target by attacks motivated by ethnic and religious hatred. International humanitarian and human rights law needed to strive to protect the dignity and self-respect of all human beings. The present work of the Office of the High Commissioner for Human Rights would help in providing effective and timely help to civilians in armed conflict.

GUSTAVO GALLON, of Colombian Commission of Jurists, thanked the High Commissioner for the deep concern expressed on the conflict in Colombia. The Government claimed it had reduced the drug trafficking which fed into the violence experienced in the country and impunity in the country. However, some weeks ago a huge operation was conducted into the magistrates of the Supreme Court which was carried out by the President of the Republic who had been accusing them of being linked to armed paramilitary groups affecting the security situation in the country. This however was not the case and it was hoped that the Special Rapporteur on the independence of judges and lawyers could make a visit to the country as soon as possible to address this most serious and heinous situation affecting the judicial system in Colombia.

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