Human Rights Council
MORNING
13 March 2007


The Human Rights Council this morning continued its high-level segment, hearing from 21 dignitaries, who raised a wide range of issues, including the building of the institutions of the Council and ensuring their impartiality and credibility, as well as national efforts to promote and protect human rights.

Jadranka Kosor, Deputy Prime Minister of Croatia, said the Human Rights Council had been established as a new and credible United Nations body for the protection and promotion of universal human rights in all Member States. Its credibility would certainly depend on the quality of the mechanism established to execute the mandate.

Jorge Valero, Vice-Minister of Foreign Affairs of Venezuela, said the Council should be faithful to the values of universality, objectivity and non-selectivity, and the eradication of double standards and the politicization of human rights. The Universal Periodic Review should be based on the Universal Declaration of Human Rights and the Vienna Declaration and Plan of Action.

Mohammed Bouzoubaa, Minister of Justice of Morocco, said today’s meeting was an important phase in the existence of the Human Rights Council. The shortcomings of the past must be remedied and the basis of working mechanisms must be defined. Morocco was proud of the confidence showed by the international community in choosing it as a Member of the Council and was fully aware of its responsibilities so that human rights would be universally applied.

Datuk Seri Syed Hamid Albar, Minister of Foreign Affairs of Malaysia, said countless victims, still denied their most basic human rights, looked to the Council for redress. A fresh beginning should usher in a more constructive approach in dealings on human rights issues: there should be consistency in treatment of human rights situations, and no selective targeting of specific countries, or different emphasis and urgency accorded to the implementation of Council’s decisions.

Vartan Oskanian, Minister of Foreign Affairs of Armenia, said religion, language and ideology were driving people apart. But faith could also bind people together. The record of human rights in the past was not something that the region around Armenia could be envied for. As the conflicts were heightening, so did the abuse of human rights. The universal respect for human rights was therefore something crucial to improve the situation in the region.

Anna Fotyga, Minister for Foreign Affairs of Poland, said Poland attached special importance to the Universal Periodic Review and the objective of improving human rights implementation on the ground, but argued that the system should not excessively encumber the Council’s work or be administratively burdensome on individual States and should involve interactive dialogue with concerned States.

Felipe Perez Roque, Minister for Foreign Affairs of Cuba, said today, the Human Rights Council was running the risk of falling into disrepute through politicisation and double standards, even before the establishment of its methods and practices. There were attempts by some to delay the institutional building of the Council until after 18 June 2007, and bring back to life the practice of punitive resolutions against countries of the South.

P. T. C. Skelemani, Minister for Presidential Affairs and Public Administration of Botswana, said Botswana had expressed some concerns about the conduct of Special Rapporteurs in the past, which had the effect of rendering their reports not credible. It was necessary to enhance the credibility of the system by putting in place operational guidelines for such Rapporteurs.

Dimitrij Rupel, Minister of Foreign Affairs of Slovenia, said an efficient Council whose activities were based on cooperation and dialogue, remained the goal. Slovenia urged the rapid completion of the institution-building phase, and hoped the Universal Periodic Review mechanism would enable the use of available expertise and reliable sources for objective and non-selective reviews.

Aniceto Ebiaka Mohote, Vice Prime Minister in Charge of Human Rights of Equatorial Guinea, said the great ills that were afflicting Africa and the world at large were jeopardising the basic principles of the United Nations, and all should join together to root out these evils and enhance peace, which was essential if peace and development were to contribute to the development of human rights.

Monique Ilboudo, Minister for the Promotion of Human Rights of Burkina Faso, said Burkina Faso had committed itself to the promotion and protection of human rights. Extreme poverty must not be accepted as a fatality because it could and must be abolished. Burkina Faso was very satisfied with the work of the Council and especially with the progress on the Universal Periodic Review and the revision of the mandates of the Special Procedures, among others.

Abdulhati Al Obeidi, Secretary for European Affairs of Libya, said Libya wanted a strong Council and cooperation and dialogue in the implementation of the Council’s principles, rather than confrontation. The Council should be free from politicization, and should ensure there was follow up to its judgments.

Kinga Goncz, Minister for Foreign Affairs of Hungary, said the Universal Periodic Review needed attention and full cooperation if it were truly to succeed. It should provide an effective system of human rights protection with far-reaching capacity for review and assistance. While focusing on the efforts on the architecture of the Council, the international community should not lose sight of the plight of the victims of human rights violations.

Mpeo Mahase-Moiloa, Minister of Justice, Human Rights and the Correctional Service and of Law and Constitutional Affairs of Lesotho, said the Council should adopt an agenda that was predictable, transparent, non-selective and enabled accountability. The agenda should provide the interdependence and the indivisibility of civil and political rights to development and the elimination of widespread abject poverty. The Universal Periodic Review mechanism represented a milestone if all parties concerned cooperated fully.

Pradeep Kumar Gyawali, Minister for Culture, Tourism and Civil Aviation of Nepal, said people around the world were vigorously looking to see that the Council gave adequate space to their concerns and aspirations, and adopted an even-handed approach towards civil and political rights and economic, social and cultural rights, including the right to development, simply because they were indivisible. The world community should pursue a holistic approach to promote and protect these rights. There was no room for selectivity, double standards and politicisation in the effort to advance the universal values of human rights.

Artis Pabriks, Minister of Foreign Affairs of Latvia, said Latvia supported the development of a rapid response to human rights crises, endorsed the Universal Periodic Review mechanism, and hoped it would lead to genuine dialogue to promote human rights in subject countries. Latvia warned that the worrying tendency towards non-cooperation should be addressed, such as by revitalizing the mechanism of standing invitations.

U Joy Ogwu, Minister of Foreign Affairs of Nigeria, said Nigeria called upon the Council to be focused, principled, credible, objective, firm and timely in its response to human rights violations. Nigeria supported the Council’s scrutiny of human rights abuses in the Middle East and Darfur, which showed a paradigm shift in values away from the selectivity and double standards of old. The evolving Universal Periodic Review system was important and the African Peer Review Mechanism could be seen as a possible model.

Celestine Akouavi Aidam, Minister of Human Rights of Togo, said the international community should make further efforts to ensure that economic and social conditions were in place to allow all peoples to enjoy fully their civil and political rights and economic, social and cultural rights. There was unquestionable interdependence between these two groups of rights and democracy. However, in the current context of the developing world, the exercise of economic, social and cultural rights was of great importance.

Adrian Vierta, State Secretary, Minister of Foreign Affairs of Romania, said that Romania considered the Universal Periodic Review as a key element in the strengthened United Nations human rights architecture. Romania also strongly supported the consolidated system of Special Procedures including country mandate-holders.

Vittorio Craxi, Under Secretary of State of Foreign Affairs of Italy, said Italy would redouble efforts on the promotion of democracy, and the fight against torture and all forms for discrimination, and would urge a moratorium on the death penalty in the hope of stimulating serious consideration and discussion of the prospect of its abolition. Italy was also active in protecting women’s rights and gender equality and was working closely with United Nations agencies over these matters.

Mame Basine Niang, Minister and High Commissioner for Human Rights and the Promotion of Peace of Senegal, said that this fourth session of the Human Rights Council marked an important turning point concerning the process of institutionalisation of the new mechanisms indispensable to the Council in order to assure its credibility and efficacy. Senegal was determined to contribute to this collective goal and was always committed to peace and the respect of human rights.

Speaking in right of reply were Representatives of Iran, Sudan, Colombia, Democratic People’s Republic of Korea, Morocco, Japan, Algeria and Sweden.

The Council is meeting non-stop today from 10 a.m. to 7 p.m. At 4 p.m., it continued to hear speakers in the context of the high-level segment.


Statements

JADRANKA KOSOR, Deputy Prime Minister of Croatia, said the Human Rights Council had been established as a new and credible United Nations body for the protection and promotion of universal human rights in all Member States. Its credibility would certainly depend on the quality of the mechanism established to execute the mandate. The Universal Periodic Review was one of the most important elements within the Council which should be effective and credible in order to meet the needs of all the people whose rights were violated. With the Universal Periodic Review, all Member States should be under review without any distinction in addressing all human rights. The process should be impartial, objective and inclusive. With regards to the system of Special Procedures, the nomination of candidates should be a transparent process for which a number of criteria, such as expertise, experience, independence, impartiality and equitable geographic representation should be met.

Croatia, as a country which experienced war with all its atrocities including enforced disappearances, was among the first countries to sign the International Convention for the Protection of All Persons from Enforced Disappearance. The right not to be subjected to enforced disappearance, as well as the right to know what really happened to loved ones were basic principles which deserved the full support of the Council. Trafficking in human beings was also a crucial security and human rights issue and represented a great concern. It was the responsibility of all the actors of the Council to protect and promote human rights as universal rights. It was hoped that all would contribute to the common goal to fulfil the purpose of the Human Rights Council as envisaged by the General Assembly.

JORGE VALERO, Vice Minister of Foreign Affairs of Venezuela, said Venezuela believed that civil and political rights should have value equal to social, economic and cultural rights. In Venezuela, the Government was working to fight poverty. It worked with communal councils to explore self-government within Venezuela, and had eliminated illiteracy and reduced mortality and morbidity rates. Whereas proponents of neo-liberalism claimed to uphold human rights, in reality their economic system limited rights and freedoms and fostered systems and institutions that served narrow political, social and economic elites. This deepened inequality, social exclusion and discrimination in Latin America and the Caribbean. The extreme poverty seen across the region showed the failure of capitalism, and battling to overcome this poverty was high on the Government’s agenda

Only true tolerance and respect for different models of democracy and development would ensure the success of the Human Rights Council, Mr. Valero said. The establishment of the Council was a sine qua non in attaining the goals of Resolution 60/251. It should be faithful to the values of universality, objectivity and non-selectivity, and the eradication of double standards and the politicization of human rights. The Universal Periodic Review should be based on the Universal Declaration of Human Rights and the Vienna Declaration and Plan of Action. Election of mandate holders should be based on standards that ensured the respect of the principles of independence, impartiality, objectivity, gender equality and equal geographical representation. Venezuela would fully support the work to consolidate the Human Rights Council.

MOHAMMED BOUZOUBAA, Minister of Justice of Morocco, said that today’s meeting was an important phase in the existence of the Human Rights Council. The shortcomings of the past must be remedied and the basis of working mechanisms must be defined. Morocco was committed to this process. There were many achievements that Morocco had sought in order to ensure the rule of law of all the inhabitants of its country. Morocco was proud of the confidence showed by the international community in choosing it as a Member of the Council and was fully aware of its responsibilities so that human rights would be universally applied.

On national accomplishments, Morocco had lifted its reservations on Article 14 of the Convention on the Rights of the child and Article 20 of the Convention against Torture, Mr. Bouzoubaa said. Parliament had ratified a law on the fight against money laundering. In order to ensure the principle of the equality of the sexes, Morocco had ratified a law on this issue. Concerning the Sahara question and the issue of autonomy of that region, Morocco would be organizing a referendum in order to know the opinion of the Moroccan people on adopting a regional system. Morocco was thus seriously determined to find a just and fair solution to end the Sahara question. This year, the Government of Morocco had created the justice and reconciliation body. Also the liberalization of the media sector was moving forward. The national plan was also covering the promotion of the right of women and children, as well as disabled persons. The national initiative for human development had been initiated together with organizations of the civil society in order to strengthen human rights. In order to carry out the recommendations of the justice and reconciliation body, a national plan for the promotion and protection of human rights had been implemented. The role of the governmental sector and the one of civil societies needed to be strengthened. Morocco had therefore also proposed the adoption of some international declarations.

Datuk Seri Syed Hamid Albar, Minister of Foreign Affairs of Malaysia, said the inaugural year of the Human Rights Council would soon draw to a close. Much time and effort had been exerted to forge consensus on the structure of this strengthened human rights body. There was a common responsibility to seize this unique opportunity to mould the Council into an effective and credible human rights body, befitting its enhanced status and broader mandate. The foundation that was laid would impact on the Council’s future work, and the challenge was to find meaningful ways of working together, in a manner which would significantly improve human rights situations on the ground. Countless victims, still denied their most basic human rights, looked to the Council for redress. A fresh beginning should usher in a more constructive approach in dealings on human rights issues: there should be consistency in treatment of human rights situations, and no selective targeting of specific countries, out of political expediency, or different emphasis and urgency accorded to the implementation of Council’s decisions.

Human rights concerns should be addressed through dialogue and engagement. In designing the Council’s processes and procedures, Member States should not be overburdened. The commitment to human rights should be translated into deeds, and the principles of universality, indivisibility, interrelatedness and interdependence of all human rights, including the right to development, should be upheld. Diversity should be a source of strength for the Council, not a cause for division. It should capitalise on the multifarious national and regional particularities. Through these approaches, the Council was better placed to meaningfully contribute towards the protection and promotion of human rights. Realising the highest standards of human rights for all still remained a lofty goal. The Council should demonstrate political resolve and a spirit of cooperation: the victims of human rights abuses deserved no less.
VARTAN OSKANIAN, Minister of Foreign Affairs of Armenia, said that in the first year of the Human Rights Council, the processes were redefined so that the joint challenges could be met. There were high expectations from the Council and what could be noticed at the core of all conflicts was the absence of human rights. The strength of the Commission on Human Rights drove the international community to create an ever-stronger body with a broader reach. The Universal Periodic Review would hold the promise of inclusiveness that should be met by the new body. The common goal was a world where every community, every city and every region was a save haven for those who needed to travel there. Religion, language and ideology were driving people apart. But faith could also bind people together. The record of human rights in the past was not something that the region around Armenia could be envied for. As the conflicts were heightening, so did the abuse of human rights. The universal respect for human rights was therefore something crucial to improve the situation in the region, as it would take a lot of time to overcome the deep distrust.

Regarding self-determination, the Minister noted that this right was still not strongly enough observed. Today, Armenia would like to engage in a dialogue with Turkey, so that the past conflicts may be overcome and reconciliation could take place. The task of the new Government was among others to alleviate poverty in the country. The newly elected Parliament showed the will of Armenia to continue to have elections worthy of a democratic system. But the institutions needed to be strengthened so that democracy could be developed furthermore. It was the Council’s obligation to ensure that human rights could be promoted furthermore. The challenge was to commit to this and try to achieve it.

ANNA FOTYGA, Minister of Foreign Affairs of Poland, said the principle of international solidarity was crucial to the process of building the new institutions of the Human Rights Council. The international system of protection and promotion of human rights should focus on victims’ interests rather than political interests. Approaches should be consensual in order for the Council to become a credible, objective and effective institution. Poland attached special importance to the Universal Periodic Review and the objective of improving human rights implementation on the ground, but argued that the system should not excessively encumber the Council’s work or be administratively burdensome on individual States and should involve interactive dialogue with concerned States. Special Procedures, thematic and country-based, should be unbiased, objective and independent, and procedures should be established to define actions needed in the event of a lack of collaboration or its refusal by States. The Council’s institutions should be based on the experience and professionalism of independent experts.

Ms. Fotyga said effective mechanisms were needed for rapid response to human rights crises, and called on the international community to work with the Sudanese Government to bring about improvements in Darfur. Poland supported the maintenance of country resolutions and, in certain cases, mandates. Poland stressed the importance of democracy and good governance in the protection and promotion of human rights, and called for coordinated action to tackle corruption. The role of civil society was also vital in the promotion and protection of human rights, and the presence of non-governmental organizations within the Council should not be questioned.

FELIPE PEREZ ROQUE, Minister for Foreign Affairs of Cuba, said since Cuba was the current Chair of the Non-Aligned Movement, comprising 118 countries, of which 27 were founding Members of the Council, the results of the latest summit of the Movement which were relevant to the interests of the Council would be explained. The Heads of Government had rejected selectivity and double standards in the protection and promotion of human rights, as well as the attempt to use human rights as a pretext to pursue political goals. The legitimacy and credibility of the Human Rights Council would depend on this just demand from the Movement. Heads of Government were emphatic at the Summit about underscoring the need for the Council to facilitate the equating of the right to development with all human rights and fundamental freedoms and promoting the realisation of the right to development as a priority. Cuba would devote a sizeable part of its efforts at the helm of the Movement to integrate the right to development into all United Nations policies and programmes. Cuba had been working on preparing guidelines that could provide the basis of the subsidiary advisory body, the complaints procedure, and the programme of work for the Council each year. It was the will and determination of the Movement to work towards the establishment of a real international system for the protection of human rights, with the sole commitment of achieving justice, transparency and truthfulness.

On behalf of Cuba, Mr. Roque said, this was a country dedicated to human rights and to the legitimacy and credibility of the Council. Cuba had pointed out in the past that this was a new stage in the endeavour to create a genuine system for the protection and promotion of all human rights for all, and not just for the rich and privileged. It had been made clear that a radical change was required in the conceptions and methods that had been behind the discredited Commission. However, Cuba had no illusions as to the will of the developed countries, allies of the United States, to do this, but gave them the benefit of the doubt. Today, the Human Rights Council was running the risk of falling into disrepute through politicisation and double standards, even before the establishment of its methods and practices. There were attempts by some to delay the institutional building of the Council until after 18 June 2007, and bring back to life the practice of punitive resolutions against countries of the South. Those who most strongly supported this course of action were the same players interested in pervading the Council with selectivity, political manipulation and double standards - they wished to turn the new body into an inquisition tribunal against the countries of the South, and ensure impunity for atrocities committed even outside the borders of their country by those with imperialistic designs. The United States, which had been sidelined, had become the most scathing critic of the Council, and its lackeys had emulated this. However, their schemes would not succeed. Cuba demanded that hypocrites let the Council work: having a fully operational Council, capable of fulfilling its mandate, was an essential necessity and an achievable goal. This was an opportunity to build a new era of opportunity for human rights for all, but if confrontation and the pursuit of hegemony was to be maintained in the Council, then Cuba would remain as a fighter.

P.T.C. SKELEMANI, Minister for Presidential Affairs and Public Administration of Botswana, said that Botswana attached great importance to the mandate of the Human Rights Council because it was in line with the expectations of its own people. Botswana was pleased to report some developments aimed at deepening democracy and the promotion of human rights, such as the further democratisation of the country’s traditional systems and the abolition of marital powers. Botswana believed that the promotion of civil and political rights should be balanced with economic and social rights. In this regard, the county was proud of its record of achievement, as for example concerning the fight against HIV/AIDS. The Government had allocated sizeable resources for programmes aiming at the promotion of gender equality and youth empowerment.

Botswana believed in the principle of the universality of human rights, Mr. Skelemani said. However, as the colonial systems did not end until the mid 1990s, some developing countries were still grappling with their nation building and therefore the inappropriate application of that principle could divide these fragile societies. Botswana expressed some concerns about the conduct of Special Rapporteurs in the past, which had the effect of rendering their reports not credible. It was necessary to enhance the credibility of the system by putting in place operational guidelines for such Rapporteurs. Another concern was the burden of reporting on the same human rights issues to a multiplicity of United Nations bodies. Therefore, a system should be developed where a report on a human rights issue could be shared among all relevant United Nations agencies. Botswana had always been in the forefront in efforts to promote the respect for human rights both in its neighbourhood in Southern Africa and the African continent as a whole. The country was concerned about the suffering of internally displaced persons and refugees everywhere and made a contribution to peacekeeping efforts in Darfur.

DIMITRIJ RUPEL, Minister for Foreign Affairs of Slovenia, said the priorities of the Human Security Network expressed at the Human Rights Council’s first session remained accurate. There were great expectations for the new body and Slovenia hoped it would prove its ability to respond to, and prevent, grave human rights violations. An efficient Council whose activities were based on cooperation and dialogue remained the goal. Slovenia urged the rapid completion of the institution-building phase, and hoped the Universal Periodic Review mechanism would enable the use of available expertise and reliable sources for objective and non-selective reviews. Slovenia was fully in line with the views expressed in the statement of the European Union. Slovenia wanted to cooperate with others in furthering the Council’s work. The rights of children were an urgent item on the Council’s agenda. Slovenia pledged to promote transparency and good exchange with and between Council Member States.

The Council’s first priorities should be institution building, and preparedness in facing human rights crises. The Council should strive to improve understanding among different cultures and religions, and promote dialogue and cooperation among nations, cultures and ethnic groups. The Balkans region, despite its tragic recent history, showed how it was possible for ethnically and religiously mixed societies to co-exist, and the Government was actively involved in intercultural dialogue in the region.

ANICETO EBIAKA MOHOTE, Vice Prime Minister in Charge of Human Rights of Equatorial Guinea, said constant efforts were being made to promote and protect human rights in Equatorial Guinea, and to cooperate with the United Nations in the field of human rights so as to produce a world that was committed to human development and justice and peace. Equatorial Guinea had been undergoing significant change and development in recent years, and the Government was determined to bring about change in the main social, political and economic spheres. There were external reports that showed what was being done in this connection, and this was despite the efforts of external enemies who were attempting to interfere in the country. The great ills that were afflicting Africa and the world at large were jeopardising the basic principles of the United Nations, and all should join together to root out these evils and enhance peace, which was essential if peace and development were to contribute to the development of human rights.

The Government of Equatorial Guinea had entered into agreements regarding the promotion of human rights in the country with many bodies, including bilateral bodies, non-governmental organizations and the European Union, and these had provided funds in that regard. The changes taking place in the country in the economic and social sectors, such as combating AIDS and free education, were all democratic, changing society in a positive way. The Government had been carrying out major projects on its national territory, covering the most precarious of the citizens of the country. Inhuman or degrading treatment was an offence in the country’s legal order. Despite the progress that had been made and which the people had been benefiting from, it was still necessary to continue to support the people through technical assistance programmes on human rights. The Government was trying to provide its people with the best possible conditions and enjoyment of human rights.

MONIQUE ILBOUDO, Minister for the Promotion of Human Rights of Burkina Faso, said the international environment was still today disturbed by serious and repeated violations of human rights in certain regions of the world such as in Darfur and Palestine. Burkina Faso had committed itself to the promotion and protection of human rights. In this respect, measures to consolidate democracy such as free, viable and transparent elections were indispensable. As the Government was conscious about the important role it could play concerning the promotion and protection of human rights, it had engaged in a continuous promotion of a culture of citizenship through information, education and the raising of awareness among its citizens about their rights and duties. Specific education of human rights was being set up within the educative system. A national week of citizenship had also been organized in the past. Burkina Faso was reaffirming its willingness of putting into action the recommendations from previous Human Rights Council sessions in order to assure the respect of the rights of foreigners living abroad. The Government was also working out programmes for the promotion and protection of children, women and persons with disabilities. Concerning the situation of migrants, effective and durable programs should be established to ameliorate their situation.

Burkina Faso considered that the mandate of the Special Rapporteurs should go beyond visits to the concerned countries, the Minister said. The principles of universality and indivisibility of the human rights needed that the work of the Human Rights Council was carried out with the respect of the equality between nations. These principles also needed the respect of the equilibrium between civic and political rights on one hand, and economic, social and cultural rights on the other. Extreme poverty must not be accepted as a fatality because it could and must be abolished. Burkina Faso was very satisfied with the work of the Council and especially with the progress on the Universal Periodic Review and the revision of the mandates of the special procedures, among others. Burkina Faso was calling upon the members of the Council to be guided by the principles of objectivity and transparency.

ABDULHATI AL OBEIDI, Secretary for European Affairs of Libya, said Libya wanted a strong Council and cooperation and dialogue in the implementation of the Council’s principles, rather than confrontation. It should be free from politicization, and should ensure there was follow up to the Council’s judgments. Fundamental human, political, civil, economic, social and cultural rights were being systematically violated in Palestine, and Libya supported the Special Rapporteur’ s mandate on Palestine and called for strong international backing for the Palestinian Authority and people in their plight.

HIV/AIDS had been a tragedy for thousands of children in Libya, and the Government of Libya was committed to ensuring fair trials for Bulgarian nurses there, whose situation had been closely followed by international lawyers and experts. Legal judgments were guaranteed to take account of humanitarian and social considerations as well as criminal law. The future health of the children would be safeguarded with the aid of a fund that has been established. Problems with migrants and migration issues in Libya had led to several deaths and the government was committed to dealing with this phenomenon too. Major achievements had been made in recent months and a strategy was in preparation to improve cooperation between Member States over the issue of migrants’ rights. All decisions taken by the Libyan popular conferences were based on the principles of human rights, and Libya strongly supported the universality of human rights values.

KINGA GONCZ, Minister for Foreign Affairs of Hungary, said the past year had seen major changes in the United Nations human rights system. A brand new chapter had been opened with the establishment of the Human Rights Council. This was indeed an ambitious exercise for the international community to more efficiently protect human rights. The achievements of the former Commission, which set important norms and standards which governed societies today, should and would stay with all. But there was now a need to work out the details of the enhanced inter-Governmental machinery, which would provide the highest possible level of protection for people all over the world. There was a need for genuine dialogue about the international protection and promotion of human rights and fundamental freedoms, and efforts should continue both on the definition of the Council’s architecture and on the improvement of the human rights machinery as a whole.

Among the items on the agenda of the Council was the Universal Periodic Review which had the potential to make everything different. It needed attention and full cooperation if it were truly to succeed. It should provide an effective system of human rights protection with far-reaching capacity for review and assistance. The past year had seen important achievements in the field of codification of human rights law. The Human Rights Council was at an important milestone right now. When devoting most of the efforts to the institution-building process, it should be borne in mind that the foundations which were being built now would stay for a long time, and it should be sure that they could and would withstand the tests of future challenges. While focusing on the efforts on the architecture of the Council, the international community should not lose sight of the plight of the victims of human rights violations. The Council should redouble its efforts to build a world based on the inherent dignity of the human person, and the respect of all human rights and fundamental freedoms.

MPEO MAHASE-MOILOA, Minister of Justice, Human Rights and the Correctional Service and of Law and Constitutional Affairs of Lesotho, said that a statement and a comprehensive report circulated by the High Commissioner for Human Rights had laid good ground for discussions during this session of the Council. Noteworthy among the inputs was the strengthening of Special Procedures, supporting substantive interaction participation of mandate holders, and the Universal Periodic Review mechanism among others. Lesotho associated itself with the statements made on behalf of the African Group and the Non-Aligned Movement. The Council should adopt an agenda that was predictable, transparent, non-selective and enabled accountability. The agenda should provide the interdependence and the indivisibility of civil and political rights to development and the elimination of widespread abject poverty. The Universal Periodic Review mechanism represented a milestone if all parties concerned cooperated fully.

The Durban Declaration and Programme of Action against racism should be put on the centre stage and be fully implemented, the Minister said. Lesotho had recently conducted elections in a free, peaceful and fair manner. As regards the rights of the child, the country had made a milestone in enhancing the promotion and protection of children’s rights through institution building and legislation. The Government was also demonstrating its willingness to fight AIDS by diverse programmes. Democracy, human rights and the rule of law remained the core principles of good governance in Lesotho. There were a number of independent statutory commissions on various facets of public life in order to ensure a system of checks and balances. Capacity building, technical assistance and advisory services were among others necessary to enable Lesotho to continue the practice of human rights. A constructive attitude, spirit of cooperation and consensus building with compassion for the victims of the violations of human rights should be placed at centre stage.

PRADEEP KUMAR GYAWALI, Minister for Culture, Tourism and Civil Aviation of Nepal, said the Human Rights Council had been in place almost for a year now. It was evolving its methods of work, rules of procedure, complaint procedures, mandates and the Universal Periodic Review that would guide the body and its work in the future. People around the world were vigorously looking to see that the Council gave adequate space to their concerns and aspirations, and that it adopted an even-handed approach towards civil and political rights and economic, social and cultural rights, including the right to development, simply because they were indivisible. The world community should pursue a holistic approach to promote and protect these rights. There was no room for selectivity, double standards and politicisation in the effort to advance the universal values of human rights.

Democracy, development and human rights were mutually inextricable and reinforcing elements of a civilised society. Oppression, poverty and blatant violation of human rights were sources of instability not only for the countries where they occurred but also for other countries in the region and beyond. Linkages between state and human security were equally strong. The Government of Nepal believed that no durable peace was possible without dialogue and no uplifting of oppressed and marginalized societies without democracy. Constructive partnership and mutual respect as well as understanding of mutual aspirations, sensitivities and concerns between countries constituted the foundations of interstate relations. Such relations could only flourish in an environment of mutual trust and friendship among countries and lead to shared peace, security and prosperity. The international community might find the on-going situation in Nepal less than ideal, but the situation should be viewed taking into account the sincere and dedicated efforts that had been made to advance the delicate, difficult and homegrown peace process. It was time to provide Nepal with greater moral and financial assistance so it could build the foundations for a peaceful and prosperous country where all human rights could fully flourish.

ARTIS PABRIKS, Minister of Foreign Affairs of Latvia, said the international community should mobilize all its strength to ensure that the United Nations was respected for its adherence to the principle of “responsibility to protect”, sparing no effort to develop the principle into a powerful tool for action. The highest priority must be to protect the vulnerable and a common effort was needed for the Council to achieve the goals it had set itself. Promotion and protection of human rights undoubtedly had a beneficial impact on national development and Latvia was happy to share its own experiences.

Latvia aligned itself fully with the position expressed by the German Foreign Minister on behalf of the European Union on the finalising and reforming the Council’s institutions, Mr. Pabriks said. Latvia supported the development of a rapid response to human rights crises, endorsed the Universal Periodic Review mechanism, and hoped it would lead to genuine dialogue to promote human rights in countries. Latvia warned that the worrying tendency towards non-cooperation should be addressed, such as by revitalizing the mechanism of standing invitations. The main task of the Council was to monitor implementation of human rights obligations and promote good governance, and in the coming months the Council must summon the political will to arrive at viable and sustainable ways of operationalising its work. It was in the common interest of the international community to ensure an inclusive approach to reform and achieve the full potential of the Human Rights Council.

U JOY OGWU, Minister of Foreign Affairs of Nigeria, said Nigeria affirmed its commitment to advance dialogue and cooperation towards the promotion and protection of human rights. It called upon the Council to be focused, principled, credible, objective, firm and timely in its response to human rights violations. Nigeria supported the Council’s scrutiny of human rights abuses in the Middle East and Darfur, which showed a paradigm shift in values away from the selectivity and double standards of old. The evolving Universal Periodic Review system was important and the African Peer Review Mechanism could be seen as a possible model. The system should be universal, pragmatic and cooperative.

The Minister said the main human rights problems in the world today were poverty, discrimination, conflict and disease, in all of which Africa was particularly affected. An umbilical link between security and development lent these problems a concrete human rights dimension. A balance should be found between civil and political rights and economic, social and cultural rights. There should be an increase in development and financial assistance to developing countries, and efforts to establish durable democracy and rule of law are also of key importance. In Nigeria, the fight against corruption was a sign of change and the growing empowerment of citizens, and there had been important progress in gender equality and women’s rights. The Council should open its mind to the dynamics of international processes and practices, and deliver full enjoyment of the spectrum of human rights to all its peoples, she said.

CELESTINE AKOUAVI AIDAM, Minister of Human Rights of Togo, said for several decades now it had been the fact that the Commission’s sessions had to be taken against the backdrop of an international context that was strongly marked by crises and armed confrontations, accompanied by systematic human rights violations and infringements of the rights of peoples to self-determination. While it was true that the Universal Declaration on Human Rights continued to be seen as the shared ideal to be attained by all peoples, by reason of the work done to date, all should face up to the fact that the objectives that had been set continued to be difficult to achieve, due to the vicissitudes between States and the fact that the world continued to be the arena for deadly battles, undermining the future of children and young people, fuelling crime and terrorism, and destabilising entire countries. The conflicts in the Middle East and elsewhere were ample illustration of the state of neither peace nor security that the world was in, and undermined the value and scope of the noble goals of the United Nations.

The international community should make further efforts to ensure that economic and social conditions were in place to allow all peoples to enjoy fully their civil and political rights and economic, social and cultural rights. There was unquestionable interdependence between these two groups of rights and democracy. However, in the current context of the developing world, the exercise of economic, social and cultural rights was of great importance. It was undeniable that achieving success in democratic endeavours was based upon ensuring that each and every person’s rights and obligations were met, and this was no easy task, as States were obliged to show appropriately their responsibilities towards their citizens, requiring major financial resources. The lack or insufficiency of appropriate resources to support and bolster democraticisation efforts seriously jeopardised this endeavour. Today, the world’s economic situation was strongly marked by the constantly widening gap separating developed and developing countries. The struggle for human dignity was a daily and long-term effort which still fitted into a political, economic and social framework which was marked by great differences, and this challenge should be met.

ADRIAN VIERTA, State Secretary at the Minister of Foreign Affairs of Romania, said that Romania had actively taken part in the negotiations of various aspects of the institution building of the Human Rights Council. As the Secretary-General of the United Nations urged to make the Human Rights Council a “spring-board of action”, it was the task of the members to ensure that the outcome of this institution-building process was a more responsive human rights body. The Council should bear in mind that there were real women, children and men that wanted to live in dignity and freedom, enjoy full respect from their fellow human beings and plan their future in peace and security. Romania considered the Universal Periodic Review as a key element in the strengthened United Nations human rights architecture. This mechanism should assist all States in their efforts to implement their human rights obligations and to protect their citizens’ rights.

Romania also strongly supported the consolidated system of Special Procedures including country mandate-holders, Mr. Vierta said. As the most relevant area for the promotion and protection of the human rights was the State’s territory, Romania called for an improved mechanism of cooperation of States with the Special Procedures as well as for an efficient follow up process. After having examined the report of the High Commissioner for Human Rights, Romania welcomed the opportunity of an interactive dialogue on the report. The Romanian Government was reaffirming its commitment to the independence of the Office of the High Commissioner for Human Rights and its endeavours. Speaking of the inventory of human rights problems that Romania was concerned about, the question of the death penalty and violence against children and women were mentioned among others. Soon, decisions concerning the final shape of the Human Rights Council should be adopted.

VITTORIO CRAXI, Under Secretary of State of Foreign Affairs of Italy, said the Human Rights Council presented an historic challenge to establish an effective and influential organ for the promotion of human rights. Italy wished to participate, open to diversity and responsive to the need for mutual respect and cooperation among nations, willing to further understanding and dialogue across continents and civilizations. But the Council must act promptly and determinedly to tackle violations around the world. Commitment to cooperation over instruments like the Universal Periodic Review system should be made by all Member States of the Council.

Italy would redouble efforts on the promotion of democracy, and the fight against torture and all forms for discrimination, and would urge a moratorium on the death penalty in the hope of stimulating serious consideration and discussion of the prospect of its abolition, Mr. Craxi said. Italy, in common with 88 other countries who had signed to a recent Declaration of Association, hoped sincerely for an early end to the practice. With regard to child soldiers, Italy urged continued struggle against the phenomenon. Italy was active in protecting women’s rights and gender equality and was working closely with UN agencies over these matters. The forthcoming UN General Assembly meeting on the rights of disabled people was an important step forward, and a development in which Italy and its EU partners had been instrumental. Lastly, Italy honoured the daily sacrifices made by individuals and non-governmental organizations fighting for liberty and in defence of human rights, and for a future of peace and prosperity.

MAME BASINE NIANG, Minister and High Commissioner for Human Rights and the Promotion of Peace of Senegal, said that this fourth session of the Human Rights Council marked an important turning point concerning the process of institutionalisation of the new mechanisms indispensable to the Council in order to assure its credibility and efficacy. Senegal was determined to contribute to this collective goal and was always committed to peace and the respect of human rights. Senegal had ratified almost all the international instruments addressing human rights and was proud of having accomplished such an important step for the deepening of its democratic system. The country had committed itself to the reinforcement of the normative system related to human rights. The present session intervened within an institutional context marked by the new mechanisms of the Human Rights Council, in particular the Universal Periodic Review. In the end, a performing system for the promotion and protection of human rights should result out of it.

Regarding some thematic questions, Senegal would like to point out the fight against poverty within the establishment of the right to development as well as the questions of racism, migrants and violence against women, among others, the Minister said. Senegal was recently praised by the Committee on the Rights of the Child concerning the ameliorations that were brought to this field for the promotion and protection of the rights of the child. As a new spirit was coming up to the United Nations system concerning the promotion and protection of human rights, it was important at this special stage to show the world the common willingness to work in favour of an intensification of the dialogue and the co-operation to efficiently serve the human rights cause.


Right of Reply

SEYED HOSSEIN REZVANI, (Iran), speaking in a right to reply, said with regards to the statements made by Sweden and France yesterday, it was a cause of serious concern and dismay to Iran to witness the Swedish Foreign Minister take recourse to name-calling within this forum. This was an unhealthy exercise of the past, and had been identified as a great deficiency of the Commission. It was ironic that at this crucial juncture, when all were working to get rid of politicisation and selectivity, and to kick the bad habits of name-calling, the Minister of Sweden, whose Government was involved in the illegal CIA operation, had resorted to these unconstructive and unhelpful approaches. The most serious and unequivocal recommendation to the two speakers from Sweden and France was to immediately stop the old and unhealthy practices of politicisation, selectivity and double standards. The speech of France, where increasing incidents of anti-Muslim and migrant-related violence were taking place, was similarly offensive, as it accorded itself the prerogative to accuse others, ignoring the violation of the rights of Muslims living in their countries.

ABDAL MONEIN OSMAN TAHA (Sudan), speaking in a right of reply on the issue of the high-level mission to Darfur, observed that that mission was supposed to have been part of the solution, but had that indeed been so? The Government had cooperated with the idea of establishing a mission, and had invited it to be partial. However, from the start its composition had been a sign of the pressure brought to bear on the mission. Sudan had issued visas to all participants but one, who was known to be partial, but the mission refused that compromise. Indeed, the hostile stance of the Head of the Darfur Mission, who was from a country known to be hostile to the Sudan, showed that it was not impartial. If the Council were to decide to adopt the report of that mission it should also adopt the reports of three other fact-finding missions that had visited Darfur. If not that would be discriminatory. In doing so, the Council would also have declared impunity for the strong, those who occupied others and killed innocent people. How could the Council consider adopting a report that was illegally prepared, as the mission did not include the five members it was supposed to and they had not gone to the area they were tasked with visiting?

ALMA VIVIANA PEREZ (Colombia), speaking in a right to reply, said with regards to the statement made by Ecuador, ties existed between the two countries and the political dialogue would continue to strengthen these, and Colombia relied on bilateral issues in order to deal with the frontier situation. The two Governments had agreed to establish a bi-national scientific and technical commission to verify the effects of aerial spraying of illicit crops which Colombia had carried out on its territory. The eradication of illegal crops and the programmes for alternative development were being carried out in Colombia in the framework of international commitments. They were based on a State policy based on considerations of national security. It was not believed that the Council was the appropriate venue to deal with matters that required vigorous specialised scientific reports. Such a discussion went beyond the functions of the Rapporteurs who collected information in the field, and whose technical background meant they were not competent to address this issue fully.

CHOE MYONG NAM (Democratic People’s Republic of Korea), speaking in a right of reply, rejected the provocative allegations made by Japan. As a party to the Democratic People’s Republic of Korea-Japan Joint Declaration, the Democratic People’s Republic of Korea had faithfully and seriously fulfilled all its obligations, including with regard to the abduction case. The abduction case had been fundamentally and completed resolved. Continuous allegations by Japan on this matter were nothing more than an ill minded attempt to abuse the Democratic People’s Republic of Korea for political objectives. Japan continued to raise that issue because it was looking to eliminate the Democratic People’s Republic of Korea as a State. Japan itself had huge human rights problems to address. In Korea alone, Japan had abducted and drafted 8.4 million, and imposed sexual slavery on 200,000. Yet they had not settled those crimes against humanity, nor did they even acknowledge them. Just a few days ago the Prime Minister of Japan had declared that he could neither admit nor apologize for the crime of military sexual slavery, among others. The Democratic People’s Republic of Korea suggested that Japan settle past crimes rather than continue to raise claims that had already been resolved.

MOHAMMED LOULICHKI (Morocco), speaking in a right to reply, said with regards to the statement made by Algeria, this contained some contradictions which required correction. First, the comparison between the Palestinian question and that of the Sahara was completely improper and insulting to the Moroccan people and the people of the Maghreb whose blood had been spilt in the struggle for independence. Algeria had done everything possible since 1975 to thwart Morocco’s retrieval of its southern provinces. The statement bore on a confusion of bearings as to who had made the more constructive proposals. Algeria talked about delays in the implementation of the peace plan, but it was not possible to discuss this when the plan was deficient and did not include the opinions of all. Morocco had had the courage to take the initiative and present a solution based on autonomy, turning to the Security Council to that end. It was hoped that Algeria would end by associating itself with the peace movement.

AHMET UZUMCU (Turkey), speaking in a right to reply, said with regards to the statement made by Armenia, referring to the events that took place in 1950, those events were in the context of a civil war in which all suffered. The sufferings of Armenia should not be belittled, but 2 million Turks also perished under similar conditions. A commission had been proposed to investigate the events, with the participation of experts of other countries. The discussions had been inconclusive, due to Armenia’s reluctance to discuss the issue. Should it take place, it would contribute to the normalisation of relations between the two countries. On the border issue, the circumstances leading to the closure had not changed. The issue of Nagorno-Karabakh was tantamount to a mockery of the international community, but Turkey supported the search for a peaceful solution, while respecting the territorial integrity of Azerbaijan. The murder of the Turkish journalist in Istanbul was a great loss to Turkey, including the country at large. The only consolation was the rapid capture of the perpetrator.

ANDREI MOLCHAN (Belarus), speaking in a right of reply, said that Representatives of Sweden and France had claimed concern for the human rights situation in Belarus. Belarus asked them to pay more attention to the human rights situations in their own countries. What about, for example, the attitude of Sweden with regard to the secret prisons of the CIA and the transfer of illegal prisoners? In France, street riots were occurring on a daily basis – just manifestations of racism. Belarus continued to advocate a structured and balanced dialogue on human rights issues. It was also for that reason that the Council had been developed to replace the discredited Commission. It was hoped that certain delegations would set their watches accordingly, so as not to miss the train.

ICHIRO FUJISAKI (Japan), speaking in a right to reply, said the resolution on the human rights situation in the Democratic People's Republic of Korea adopted last December at the General Assembly explicitly expressed its serious concern at questions of international concern related to the abduction of foreign nationals. This was not only an issue for Japan, but was one of international concern, as the abductions were not limited to Japanese nationals, but there were also citizens of other countries. No satisfactory explanation of the fate of the Japanese nationals had been given, and Japan therefore could not accept that the issue was closed. The Democratic People's Republic of Korea should return the abductees, and give full account of what their fate had been. Japan had been facing past history consistently with remorse and apologies, and therefore worked to enhance international peace and prosperity as well as democracy. The Japanese Prime Minister had repeatedly said that he supported the previous statements made, to the effect that Japan apologised and felt remorse for those who had been linked to the issue of comfort women.

LAZHAR SOUALEM (Algeria), speaking in right of reply with regard to the statements made by Morocco, observed that the United Nations, through its Committee on Decolonization, had been considering the question of the self-determination of the Western Sahara since 1975. That had been an option that Morocco supported at the time. Who were they seeking to convince? Pointing the finger at Algeria was just a smokescreen. Algeria would not associate itself with any approach that would deprive the people of the Western Sahara of their right to self-determination, and Morocco would not alter that or impede the determination of the people in that territory to exercise that right.

JAN AXEL NORDANDER (Sweden), speaking in a right to reply, said with regards to the statement of Belorussia and Sweden’s view of illegal transport of prisoners, Sweden had been criticised by Special Procedures of the United Nations and other United Nations bodies with regards to two cases of refoulement. It was part of Sweden’s policies to respect all United Nations policies, and it was taking all necessary steps to fully remedy the situation, including compensation of the victims.

CHOE MYONG NAM (Democratic People's Republic of Korea), speaking in a second right to reply, said the previous Japanese crimes were not groundless, but were historical facts. The abduction case had been fully resolved. The Japanese colonisation of Korea should continue to be under scrutiny, as it had been a grave situation, with the death of millions. Japan continued to avoid its responsibilities to avow all past crimes, and even deny these. The repetition of Japanese past war crimes deserved the concern of the international community, and Japan should immediately fulfil its obligations, settling all past crimes, rather than discussing the situation of other countries, which were innocent.

MOHAMMED LOULICHKI (Morocco), speaking in a second right of reply, said that Algeria had observed that the Fourth Committee (Decolonization Committee) had this question under consideration. Then why had Algeria introduced this issue in the Human Rights Council? In any case, it had to be acknowledged that Algeria was an active party in this question and was providing financing.

ICHIRO FUJISAKI (Japan), speaking in a second right to reply, said with regards to the previous statement by the Democratic People's Republic of Korea, that Kim Jong-Il had apologised for the abduction of Japanese nationals. This was a serious crime, and a grave human rights violation, and it violated international law. The Democratic People's Republic of Korea should respond to the calls of the international community to resolve this situation, as expressed in General Assembly resolutions. Both Japan and the Democratic People's Republic of Korea were repeating themselves, and this was a sad moment. It was hoped progress could be made, and repetitions would cease.

LAZHAR SOUALEM (Algeria), speaking in a second right to reply, said with regards to the statement of Morocco, the Representative had forgotten that during last year’s high-level segment, it had not exercised a right to reply. This was a universal democratic forum in which all could express themselves. Algeria shared its opinion on international issues, including this one, which covered a territory under the responsibility of the United Nations. The Moroccan delegation should read a book by former United States Secretary of State Charles Baker, who had noted that there were more soldiers in the Sahari region than there was a population of civilians.
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