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HUMAN RIGHTS COUNCIL HOLDS INTERACTIVE DIALOGUE WITH INDEPENDENT EXPERT ON SITUATION OF HUMAN RIGHTS IN HAITI
17 June 2009
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Human Rights Council
MORNING
17 June 2009
Council Concludes General Debate on Racism and Racial Discrimination, Holds General Debate on Technical Assistance and Capacity Building
The Human Rights Council this morning held an interactive dialogue with the Independent Expert on the situation of human rights in Haiti after he presented his report. The Council also concluded its general debate on racism, racial discrimination, xenophobia and related forms of intolerance, including follow-up and implementation of the Durban Declaration and Programme of Action, and held a general debate on technical assistance and capacity building.
Michel Forst, Independent Expert on the situation of human rights in Haiti, said he had returned to Haiti in May in order to update his report and pursue his investigations. With regards to the reforms of justice, he welcomed the determination of the Minister of Justice who, as soon as he was appointed, dismissed some judges who were not meeting the necessary ethical standards, showing that he had objectives and a clear strategy. In combating corruption, he had also dismissed a number of Government Commissioners, and made available a number of judges, showing the determination of the Government to attack this blemish on Haitian society. The reform of the National Police was also moving forward fast, and effects were visible. Respect for the rule of law was an essential element for human security, and the latter should not be restricted just to the rule of law. Installing the latter required the proper institutions and services.
Speaking as the concerned country, Haiti said that the Haitian authorities welcomed the transparency and openness of spirit that characterized the exchanges the Expert had had with Haitian officials. Haitian authorities had shown their clear will to cooperate with United Nations bodies for the protection of human rights. During his two visits, from 17 to 28 November 2008 and from 27 April to 9 May 2009, the Expert was struck by the commitment of the Head of State towards the reform of the judiciary. A series of measures had been adopted for the protection of human rights, including the ratification on the Convention on Transnational Crimes and the Convention on the Rights of Persons with Disabilities, as well as the Convention Against Torture. The fight against corruption, violence against women and girls, and human trafficking were all at the heart of the Government’s work, which was addressing them despite financial restraints.
In the interactive dialogue with the Independent Expert, speakers reaffirmed the importance attached to the mandate of the Independent Expert and supported the extension of his mandate. The report referred to significant improvements in civil and political rights, and reform of the justice and police, and to a number of inadequacies in the latter reform, as well as points of concern such as violence against women, the situation in prisons, and children's rights. With regards to kidnapping and restaveks, it was important to coordinate the work with the Special Rapporteur on contemporary forms of slavery. Work on economic, social and cultural rights was important to improve the concrete situation of individuals and the situation of Haiti. Overpopulation of the Haitian prisons continued to be a grave problem and it constituted cruel, inhumane and degrading treatment of the inmates concerned.
Speaking in the interactive dialogue were France, Czech Republic on behalf of the European Union, Norway, United States, Luxembourg, United Kingdom, Canada, Sweden, Mexico, Brazil, Argentina and Peru. The National Human Rights Institution of Niger, the International Federation of Human Rights Leagues and the National Centre for Human Rights and Democracy also took the floor.
In the general debate on technical assistance and capacity building, speakers said it was the responsibility of all States to promote and protect human rights and to ensure that the universality of human rights became a reality throughout the world. They all knew the difficulties of such a task. Therefore the international community should devote every effort to assist States, whose Governments had demonstrated such sincere commitment, in removing all obstacles that continued to hamper the implementation and fulfilment of all human rights. Cooperation was not the only aspect to be considered, and technical assistance and capacity building was the other aspect to be further considered in this regard. Since its founding, the Office of the High Commissioner for Human Rights was one way the international community effectively took action to protect and promote human rights for all. The Office had done a noteworthy job in targeted areas around the world in providing technical assistance, preventing human rights abuses and violations, engaging in dialogues with Governments to promote greater respect for human rights, and playing an active role in removing obstacles to the realisation of human rights.
Speaking on technical assistance and capacity building were the Czech Republic on behalf of the European Union, Brazil and the United States. The Arab Commission for Human Rights also took the floor.
In the general debate on racism and racial discrimination, speakers said that racism, racial discrimination, xenophobia and related forms of intolerance undermined the key principle of universality of human rights. Combating them must be a true priority of the international human rights agenda. The Durban Review Conference was dominated by acrimonious inter-State debates that focused overwhelmingly on general issues, providing little space for civil society engagement or any genuine review of State practice domestically. However, despite the hate campaign at the Durban Review Conference, it was nevertheless a success in the battle against racism, racial discrimination, xenophobia and related intolerance. The Review Conference confirmed the success of Durban and addressed new challenges - the question of migrants, the battle against terrorism, stigmatisation and stereotyping based on religious practices. Discrimination based on work or descent, untouchability or caste discrimination was widespread throughout much of Asia and in several countries in Africa, affecting an estimated 250 million people worldwide. Speakers welcomed the statement by the Special Rapporteur on racism that this form of discrimination clearly fell within his mandate.
The following non-governmental organizations took the floor on racism and racial discrimination: Amnesty International, Islamic Human Rights Commission, Association for World Education, Arab Commission for Human Rights, United Nations Watch, International Humanist and Ethical Union, Interfaith International, Rencontre Africaine de defense pour les droits de l’homme, Mbororo Social and Cultural Development Association, North South XXI, International Movement against All Forms of Discrimination and Racism, Mouvement contre le Racisme et Pour l’Amite Entre les Peuples, International Youth and Student Movement for the United Nations, CIVICUS World Alliance for Citizen Participation, World Association for the School as an Instrument of Peace and International Educational Development.
Morocco and Sri Lanka exercised their right of reply.
The Council today is holding back-to-back meetings from 9 a.m. to 6 p.m. During its midday meeting, it will meet in private to discuss its complaint procedure. At 3 p.m. the Council will consider the appointment of mandate holders and begin to tack on draft resolutions.
Document on Haiti
The Council has before it the annual report of the Independent Expert on the situation of human rights in Haiti, Michel Forst (A/HRC/11/5), which records notable progress in Haiti in the area of civil and political rights, with the passing of the framework laws on the reform of the judicial profession, the Supreme Council of the Judiciary and the independence of the Judicial Training College, but finds there is still a long way to go before Haiti’s criminal justice system meets the imperatives of the rule of law. The appointment of the President of the Court of Cassation, who is also President of the Supreme Council of the Judiciary, is a crucial factor in the implementation of the reforms in this respect. The security situation has progressed, the number of kidnappings has fallen and the main gang bosses have been arrested, but the situation still remains precarious. The reform of the Haitian National Police and the vetting process begun by it with the support of the United Nations Stabilization Mission in Haiti (MINUSTAH) are a major test of the determination to effectively overhaul one of the cornerstones of the rule of law. The decisions which will be taken with a view to removing undesirable elements from the Haitian National Police in compliance with statutory provisions will signal to the population the commitment to re-establishing State authority. The issue of violence against women and girls, in particular rape, and issues relating to lynchings, human trafficking and deportees remain matters of concern. In the penitentiary system, the main problem is prison overcrowding, which is closely linked to prolonged pre-trial detention. There is also much evidence that corruption, a scourge of Haitian society, is still rife at all levels. In the area of economic and social rights, economic exclusion is a threat to political stability in Haiti and sustainable development, which cannot be contemplated without the strong and sustained support of the international community to achieve effective institution building, the only means of guaranteeing the provision of basic social services. In the Independent Expert’s view, the rule-of-law issue cannot be resolved solely through reform of judicial institutions and the criminal justice, police and penitentiary systems to allow the enjoyment and exercise of civil and political rights. Establishing the rule of law also means ensuring the functioning of public services and institutions, which, in addition to the safety of persons and property, must guarantee to every citizen the full exercise of economic, social and cultural rights, as set forth in the International Covenant on Economic, Social and Cultural Rights, which is included in the parliamentary agenda for 2009.
Presentation by the Independent Expert on the Situation of Human Rights in Haiti
MICHEL FORST, Independent Expert on the situation of human rights in Haiti, said the Council had asked him to report on the general situation of human rights in Haiti and on the implementation of the recommendations in the previous reports, and to take up the situation of economic, social and cultural rights. The report had been submitted last March, and he had returned to Haiti in May in order to update it and pursue his investigations. With regards to the reforms of justice, there were few changes since the report had been submitted. He welcomed the determination of the Minister of Justice who, as soon as he was appointed, dismissed some judges who were not meeting the necessary ethical standards, showing that he had objectives and a clear strategy. In combating corruption, he had also dismissed a number of Government Commissioners, and made available a number of judges, showing the determination of the Government to attack this blemish on Haitian society.
The reform of the National Police was also moving forward fast, and effects were visible. The population was aware of the reform. Not everything had been finished in this respect, and there were still acts of violence, arbitrary behaviour, and instances of corruption. The Independent Expert was still concerned for the certification of Police. The state of prisons was well known, and prisons were subject to almost daily international visits. Since the report, the foundation stone of a civil prison had been laid which aimed to reduce the burden on the national penal system. Other similar buildings were on their way. The main problem remained the conditions of detention, because of prison overcrowding and prolonged preventive detention. There was concern that the reform of the Police Service should go faster - the rule of law was based on strong and effective police and justice. If one was not up to the other, then there was a danger of imbalance, equivalent to a limping rule of law, which would be worrying for both Haiti and the international community's view of it. Efforts therefore had to be redoubled in the area of justice. The establishment of a national human rights institution was needed.
Respect for the rule of law was an essential element for human security, and the latter should not be restricted just to the rule of law. Installing the latter required the proper institutions and services. Access to education, a health system, drinking water and sanitation services, decent and healthy housing, employment, wages and training should be guaranteed for all. Human rights were indivisible and interdependent, but for the population of Haiti this affirmation needed to be clearly seen in visible programmes, without which it would just be an empty incantation. What was at stake in Haiti was not just a matter of justice, police and the prison system, but of enjoyment of human rights, so that human security could prevail. The population needed to be protected against violence and corruption, but also against hunger, illiteracy, and disease.
Statement by the Concerned Country
JEAN-CLAUDE PIERRE (Haiti), speaking as a concerned country, said that the Haitian authorities welcomed the transparency and openness of spirit that characterized the exchanges the Expert had had with Haitian officials. Haitian authorities had shown their clear will to cooperate with United Nations bodies for the protection of human rights. During his two visits, from 17 to 28 November 2008 and from 27 April to 9 May 2009, the Expert was struck by the commitment of the Head of State towards the reform of the judiciary. A series of measures had been adopted for the protection of human rights, including the ratification on the Convention on Transnational Crimes and the Convention on the Rights of Persons with Disabilities, as well as the Convention Against Torture. The fight against corruption, violence against women and girls, and human trafficking were all at the heart of the Government’s work which was addressing them despite financial restraints. In April 2008, Haiti was shaken by hunger riots which had led to a political crisis for several months. Haiti had also been hit between August and September by four successive hurricanes which had destroyed much infrastructure.
Interactive Dialogue with the Independent Expert on the Situation of Human Rights in Haiti
VERONIQUE BASSO (France) said that France reaffirmed the importance it attached to the mandate of the Independent Expert and for the extension of his mandate. In order to ensure follow up to the recommendations of previous reports, the Independent Expert’s report focused on the enhancement of the rule of law, which was an important element when analysing the human rights situation in Haiti. France asked the Independent Expert, in what key areas was the possible reform of judicial system to take place? How would this address the rampant corruption in the country while ensuring human rights and fundamental freedoms of Haitians were ensured, as corruption was noted as a key cause of human rights violations? What were the key obstacles identified in the process of judicial reform? Lastly, what would the Independent Expert be focusing on in future reports?
BARBORA REPOVA (Czech Republic), speaking on behalf of the European Union, said the report referred to significant improvements in civil and political rights, and reform of the justice and police, and to a number of inadequacies in the latter reform, as well as points of concern such as violence against women, the situation in prisons, and children's rights. How could the difficulties encountered in vetting the Police force be overcome; and would increased awareness of the importance of the issue of juvenile justice and the situation of minors in prison improve the situation, the speaker asked. With regards to kidnapping and restaveks, it was important to coordinate work with the Special Rapporteur on contemporary forms of slavery. Work on economic, social and cultural rights was important to improve the concrete situation of individuals and the situation of the country.
VEBJORN HEINES (Norway) said that Norway shared the view of the Independent Expert that overpopulation of the Haitian prisons continued to be a grave problem and that it constituted cruel, inhumane and degrading treatment of the inmates concerned. Statistics presented to the Military and Police Adviser Community based in New York on a mission to Haiti in May indicated that the number of individuals behind bars had increased twofold from 2006 to 2009, apparently as a result of more effective police work. Unfortunately the judicial system did not seem to be able to cope with this massive increase, resulting in overcrowding, limited access to legal aid as well as prolonged custody. Norway asked how the international community could better assist the Haitian Government to enhance its response to these challenges.
ANNA L. CHAMBERS (United States) said that many of the areas highlighted by the Independent Expert, including judicial reform, corruption, reform of the Haitian National Police, prison conditions, deportees, and violence against women, were also areas that the United States had worked to address in collaboration with Haitian authorities through a variety of bilateral aid programmes. Over the past three years, the United States had provided more than $ 904 million in assistance to Haiti to support programmes aimed at protecting human rights and improving food security, fostering economic development, and strengthening democratic governance. The United States’ annual human rights report noted the difficult conditions in Haitian prisons, and supported the steps outlined by the Independent Expert for prison reform, including reducing overcrowding and improving living conditions, particularly for minors in detention. Similarly, the United States supported calls to take action to reduce violence against women and children in Haitian Society.
JEAN FEYDER (Luxembourg) said the progress made in Haiti was appreciated, as were the challenges for civil and political rights, and the Government of Haiti should ensure proper follow-up to recommendations as soon as possible. Luxembourg looked forward to the next report, which would include economic, social and cultural rights. The population of Haiti was struck by poverty. Haiti was seriously affected by the food crisis of 2008, leading to violence. Structural investment policies had led to various problems including a dramatic loss of competitiveness, with direct impact on the right to food, and the Independent Expert should pay attention to this issue.
ANDREW SOARES (United Kingdom) said that the United Kingdom welcomed Mr. Forst’s March report on human rights in Haiti. He had identified many of the key challenged faced by Haiti, including violence against women and children, trafficking in humans, overpopulation of prisons, and corruption. Amongst the recommendations he had made, which did the Independent Expert suggest were the priorities to be tackled? The United Kingdom noted Mr. Forst’s comment that Haiti must also work to protect its citizens against hunger, sickness and natural disaster. How could the international community’s assistance and aid donations specifically assist Haiti to develop robust and long-term strategies in this area?
DANIEL ULMER (Canada) said that despite important socio-economic, environmental and governance challenges, Haiti had seen some progress on human rights. The Haitian Government, with support from the international community, had achieved tangible results on many fronts. However, the political and security environment in Haiti remained fragile. As noted by the Independent Expert, providing a decent standard of living for the millions of Haitians who faced abject poverty was also of paramount importance. Being aware of improving and resolving these issues was a long-term process, and Canada and its partners were working hard to implement sustainable solutions to these challenges. Security system reform or progress such as dismantling armed gangs with the arrest and imprisonment of several prominent gang leaders as well as over 700 other gangs members were good examples. Canada mobilized resources from various departments, which totalled $ 50 million dollars per year for among other things, capacity building, border management, the prison system and community security.
CHRISTOFFER BERG (Sweden) said the Independent Expert was to be commended for his report which shed light on human rights issues that were of grave concern. Consolidating democracy and the rule of law in Haiti required not only reforming the national police but also addressing the many shortcomings in the judicial system. In this context could the Independent Expert recommend any order or priority in order to strengthen the rule of law and improve respect for human rights, the speaker asked, also asking whether the authorities had shown any willingness or taken any steps towards implementing an oversight mechanism for the judiciary. Further, would starting a process towards ratifying the Convention on the Elimination of Discrimination Against Women be meaningful in regards to the high incidence of violence against women, he asked.
SALVADOR TINAJERO ESQUIVEL (Mexico) said that Mexico thanked the Independent Expert for his report on the situation of human rights in Haiti and noted with satisfaction the progress in the sphere of civil and political rights thanks to the adoption of three pieces of framework legislation, even though there were important challenges ahead to consolidation of the penal system. In that respect, the appointment of the President of the Cassation Court was an essential element for the implementation of the reform. In the sphere of economic and social rights, Mexico underlined the importance of maintaining efforts to resolve issues of economic exclusion in order to avoid repercussions on political stability and sustainable development.
JOAO ERNESTO CHRISTOFOLO (Brazil) said it was hoped that the Independent Expert would be able to give his experience and skill in deploying his mandate with particular focus on economic and social rights, which would restore a balance of the principles of universality, indivisibility and interdependence when working on the situation of human rights in Haiti. Brazil encouraged the Independent Expert to enhance cooperation with the United Nations system and also partner States. Mr. Forst set out the commitment to focus on the right to food, water, schooling and medical care in one of his upcoming missions. The Secretary-General of the United Nations 6 May 2009 said, “With 78 percent of the population living on $2 or less a day, extreme poverty remained one of the most far-reaching and complex challenges facing Haiti, with profoundly deleterious effects on human rights, as well as on political and social stability”. It was no longer possible to continue talking about the human rights situation in developing countries without taking in account the structural causes that existed. A tremendous amount of money and resources had been spent on this situation. The poverty situation and the lack of opportunity available to the people, especially for children, was concerning. Brazil recommended that the Independent Expert coordinate his efforts with the Special Rapporteur on adequate resources. In conclusion Brazil welcomed the report on Haiti.
GONZALO JORDAN (Argentina) said the report gave an account of the efforts made and the sprit of cooperation shown by the people and Government of Haiti. The progress made by Haiti in civil and political rights through the adoption of three laws on the judiciary was welcome. However, the main challenges as regarded security, violence against women and girls and children were noted. The international community as a whole had undertaken a number of steps to provide the necessary assistance to Haiti to increase institution-building and provide the necessary human rights for all the people of Haiti. Argentina had been contributing through MINUSTAH, providing military and police resources, and had been working with the Government and other regional bodies in areas such as food security. It had also helped with the development of an investment bank, which should help with budgeting, helping Haiti to quantify public expenditure.
CARLOS SIBILLE RIVERA (Peru) said that Peru expressed and reaffirmed its support for the Government and the Haitian people and reiterated its commitment to continue cooperating permanently with Haiti to ensure the democracy and human rights, institution-building and the creation for long-term social and economic development in that fraternal country. Peru supported the action taken by the Government of Haiti to stabilize the internal situation and consolidate the progress of the last year, in particular in the field of civil and political rights, as the Independent Expert had noted. However, Peru noted with concern the slow progress in the field of economic, social and cultural rights, as well as the judicial field and institutional capacity building. Therefore, Peru asked the Independent Expert to focus on the realization of economic and social rights which was indeed his intent.
Mr. D. DIJO, of National Human Rights Institution of Niger, in a joint statement with the National Human Rights Institutions of Canada, Togo, Greece, the Consultative Commission of France, Senegal, Ireland, Germany and Luxembourg, said the primary focus of their institutions was to ensure respect for fundamental rights in their respective countries. Their mission was to assist the Governments in their respective countries to address difficult situations while preserving these rights, which was the case in Haiti at the moment. The Office for the Protection of Citizens in Haiti was set up to protect all the rights of its citizens. However the National Human Rights Institutions were working to review the policies and practices of the office to bring it in accordance with the Paris Principles. The network of National Human Rights Institutions in coordination with the Office of the High Commissioner for Human Rights was committed to the time and resources necessary to implement these measures.
PIERRE ESPERANCE, of International Federation of Human Rights Leagues, said since 2006 Haiti had enjoyed certain political stability, but the general human rights situation remained one of concern. The Government was not directly involved in violations of civil and political rights, but the provision of identity documents remained a challenge to be taken up by the State, and there were thus many of voting age who could not vote due to lack of papers. Violence occurred, leading to the annulment of the vote in certain areas. The efforts of the national police and the United Nations Mission had been seriously undermined by the judiciary who had released individuals who had not yet been judged in 2007 and 2008. The prisons kept people in terrible conditions, tantamount to inhuman, cruel, and degrading treatment. Minors in conflict with the law were imprisoned despite Haitian law which stated they should be placed in re-education centres, although these did not exist in Haiti.
CYNTHIA GERVAIS, of International Centre for Human Rights and Democratic Development (Rights and Democracy), said that the organization welcomed that the Haitian Government showed real commitment to protect the rights of its citizens. The organization asked the Government to strengthen the national human rights commission, which should be able to open regional offices in the country and strengthen ties with other authorities. Since Haiti would be considered for the Universal Periodic Review in 2010, the organization wanted to know what form of collaboration with the concerned actors would be useful to complement and support the work of the Independent Expert.
MICHEL FROST, Independent Expert on the situation of human rights in Haiti, in concluding remarks, said that he was thankful for all the comments and questions made and for the participation of Member States and all non-governmental organizations which participated. Many of the questions would be taken as guiding elements in his mission to Haiti. There was fluid communication between the Independent Expert and the Government of Haiti, which ensured that follow up was always welcomed. The determination of the President and the Prime Minister of Haiti to conduct reforms was noted. The national context of Haiti was a very difficult issue, and apart from the political will there was need for concrete action. The reform of the police force was of course an important and necessary measure, and would be conducted in coordination with the authorities. In order to reform the judiciary, one should bear in mind that training was a key element here, and that new judges had to be trained ongoing. With regard to the police and administration, this was crucial. Economic, social and cultural rights would be taken into consideration in his work going forward. Distribution of aid had to shift to a change in language, as it was important that the population of Haiti was able to enjoy that assistance and their rights. The subject of women’s rights would be a central point in his upcoming reports. Access to water, food and education would also be addressed in upcoming reports.
JEAN-CLAUDE PIERRE (Haiti) thanked all countries that had spoken to support the work of the Independent Expert. These were all relevant recommendations. In particular there were special thanks to the United States, Brazil and Argentina for the technical and financial assistance. With regards to Sweden's comment on the ratification of the Convention on the Elimination of Discrimination Against Women, this Convention was ratified without reserve by Haiti on 7 April 1981, and this had entered into force on 11 May 1981. In 2009 a Haitian delegation came to Geneva to go before the Committee and presented a report covering the initial report and the various periodic reports that were due earlier. The next report was to be submitted in 2010.
General Debate on Technical Assistance and Capacity Building
JEANIE TOMKIN (Czech Republic), speaking on behalf of the European Union, said that around the world, in every region, in every country, there were still people for whom in their everyday life human rights were only a mere desire, rather than a reality. It was the responsibility of all States to promote and protect human rights and to ensure that the universality of human rights became a reality throughout the world. They all knew the difficulties of such a task. Therefore the international community should devote every effort to assist States, whose Governments had demonstrated such sincere commitment, in removing all obstacles that continued to hamper the implementation and fulfillment of all human rights. The European Union had made human rights and democracy one of the main pillars of its relations with others. The European Union and its Member States continued to contribute extensively to technical assistance and capacity building in the field of human rights, both in the framework of multilateral relations and in bilateral agreements. The European Union was actively involved in building confidence in enhancing the reliability and transparency of democratic electoral processes.
JOAO ERNESTO CHRISTOFOLO (Brazil) said that with respect to technical assistance and capacity building this item on the agenda of the Human Rights Council provided the Council with one of the only positive items, an item in which concerned countries expressed their will to cooperate with the United Nations system and provided a good path in the promotion and protection of human rights. The Human Rights Council performed its duties in identifying human rights challenges, and now had to help countries deal with these challenges. Brazil was of the opinion that cooperation was not the only aspect to be considered, and that technical assistance and capacity building was the other aspect to be further considered in this regard. Brazil was already engaged in this practice, as were many other countries such as Cuba. With the help of the Office of the High Commissioner for Human Rights in this regard more could be done.
ANNA L. CHAMBERS (United States) said the primary objective of the Human Rights Council and the main criterion by which it was to be judged was to increase the protection and promotion of human rights around the world. This mandate was a tall order - many United Nations Member States contributed greatly to the advancement of human rights in different ways, but one country working bilaterally could accomplish what many countries working collectively could achieve. Since its founding, the Office of the High Commissioner for Human Rights was one way the international community effectively took action to protect and promote human rights for all. The Office had done a noteworthy job in targeted areas around the world in providing technical assistance, preventing human rights abuses and violations, engaging in dialogues with Governments to promote greater respect for human rights, and playing an active role in removing obstacles to the realisation of human rights. The United States greatly supported the Office's important work, and firmly believed it should maintain its complete independence in order to carry out its job to the fullest.
ABDEL WAHAB HANI, of Arab Commission for Human Rights, said that technical assistance for capacity building was needed for the protection of human rights. The Arab Commission had asked for multi-lingual webcasting and also said that many documents were only received in English. Human rights violations did not only occur in English and human rights protection should not occur only in English either. It might be that the commitment of States was lacking, but there was money available. The multi-lingual webcasting and the translation in all United Nations languages would bring the Human Rights Council closer to the people.
General Debate on Racism, Racial Discrimination, Xenophobia and Related Forms of Intolerance
GRAINNE KILCULLEN, Amnesty International, said racism, racial discrimination, xenophobia and related forms of intolerance undermined the key principle of universality of human rights. Combating them must be a true priority of the international human rights agenda. The consensus adoption by the Durban Review Conference of its Outcome Document was a significant achievement for the international community. It was now time to turn to action aimed at the implementation of the Durban Declaration and Programme of Action and the Outcome Document, the adoption of which offered an opportunity for a fresh start in national and international efforts to combat racism. There should be development of the High Commissioner's proposal to establish a United Nations observatory on racism. The Council should take measures to enhance the effectiveness of the follow-up mechanisms to the Durban Declaration and Programme of Action.
JENNIFER LOEWENSTEIN, of Islamic Human Rights Commission, said that the Islamic Human Rights Commission believed that the Durban Review Conference was dominated by acrimonious inter-State debates that focused overwhelmingly on general issues, providing little space for civil society engagement or any genuine review of State practice domestically. For the victims of racial discrimination and related intolerance that traveled from far and wide to be present at the Durban Review Conference, it was a deeply shocking and surprising experience, for the rest of the world it was a highly symbolic event. The Islamic Human Rights Commission remained concerned that the fault lines exposed at Durban however were the same as the posited root causes of the not so new global divide. These included the economic dominance of the Western States, the harmful legacies of colonialism, failure to secure peace in the Middle East and the persistence of xenophobia and discrimination across ethnic, religious and cultural boundaries globally.
DAVID LITTMAN, of Association for World Education, in a joint statement with World Union for Progressive Judaism, said that the Association for World Education felt obliged to speak again of a symbolic case of ‘defamation of religion’, as well as religious and racial hatred, being propagated six months ago. There was an urgent call for a universal condemnation of these blatant defamations of Judiasm and the constant demonization of Jews in the Islamic Educational, Scientific and Cultural Organization publications and in certain media. The Islamic Educational, Scientific and Cultural Organization was the cultural wing of the Organization of the Islamic Conference and its 57 United Nations Member States.
ABDEL WAHAB HANI, of Arab Commission for Human Rights, said despite the hate campaign at the Durban Review Conference, it was nevertheless a success in the battle against racism, racial discrimination, xenophobia and related intolerance. The Review Conference confirmed the success of Durban and addressed new challenges - the question of migrants, the battle against terrorism, stigmatisation and stereotyping based on religious practices. It was regrettable that at a time when the international community had reached this point that people living under foreign occupation had to suffer from discriminatory laws and policies. Despite the marginalisation of civil society, many non-governmental organizations had retained a positive attitude, and were the allies of the Council, not as enemies, in the universal campaign against racism.
MARISSA CRAMER, of United Nations Watch, said that United Nations Watch supported the fight against racism and discrimination which was the essence of the Universal Declaration of Human Rights. Examples of victims worldwide illustrated how this effort was as needed as ever. Firstly, as was underscored recently by this Council concerning China, they needed to see an end to arbitrary detention of ethnic minority members, including Tibetans, Uighurs and Mongols and respect for their freedom of religion and movement and for their languages, history and culture. Second, they could not forget the victims of Darfur, who were the victims of a racist genocide carried out by the Government of Sudan. United Nations Watch supported the indictment by the International Criminal Court of Sudanese President Al-Bashir. His racist crimes should no longer enjoy impunity.
ROY BROWN, of International Humanist and Ethical Union, said discrimination based on work or descent, untouchability or caste discrimination was widespread throughout much of Asia and in several countries in Africa, affecting an estimated 250 million people worldwide. India outlawed such discrimination in its 1950s Constitution, had passed laws against the practice since then and had set up exemplary programmes of affirmative action. Nevertheless, the law was not enforced and caste discrimination remained endemic in India. The International Humanist and Ethical Union therefore welcomed the statement by the Special Rapporteur on racism that this form of discrimination clearly fell within his mandate.
DIPMONI GAYAN, of Interfaith International, said civil society had welcomed the Council's initiatives under this agenda item to provide an opportunity to discuss human rights situations: the situation of indigenous peoples in seven north-eastern States in India, who were subject to the worst kind of discrimination. The region was considerably different on ethnic, linguistic, religious and cultural grounds. People of these areas were treated as aliens in other parts of their own country and were subject to different kinds of discrimination. The Council and civil society organizations should pay attention to the ongoing human rights situation in the region, and should ask the Indian Government to stop its efforts to migrate people to the region and ensure protection of all the fundamental rights of these people in accordance with its obligations.
BIRO DIAWARA, of Rencontre africaine pour la défense des droits de l'homme, in a joint statement with Al-Hakim Foundation, said that one year after the adoption of the Charter of the United Nations in 1946, India had drawn the attention of the General Assembly to the treatment of its nationals in South Africa and asked for this issue to be placed on the agenda. Africa had protested under Article 2 of the Charter. Since then, the issue of racism remained the most controversial subject on the agenda of the United Nations. The historic decision in 2001 and that of Geneva in April was binding on mankind. That was why the organization had suggested that the Special Rapporteur should contribute to the elaboration of a document on ethical orientation and pedagogic training on good practices for the fight against racism.
KAMRAN AFZAL, of Mbororo Social and Cultural Development Association, said it was deeply concerned about the worsening situation of racial discrimination in India. Caste-based discrimination was a form of racism and more. Nearly 1.3 million people in India were employed as manual scavenger workers. It was surprising that after nearly 61 years of independence, such practices remained highly practiced in India. Mbororo Social and Cultural Development Association urged the Indian Government to fulfil its promise and ensure equal rights to all its citizens, and in particular to the most vulnerable groups including the Dalits and others.
LILY AUROVILLIAN, of North South XXI, said the struggle to end racism and other forms of intolerance was ongoing. The convening of the Durban Review Conference, the drafting process and the Outcome Document were three points that needed revisiting. The lack of possibilities for participation of non-governmental organizations was problematic, in particular those from countries where racism was rife. The drafting process also lacked participation of victims of racism, racial discrimination, xenophobia and related intolerance. The Outcome Document lacked mechanisms to monitor and combat racism and related intolerance. All actors should consider the call made at the NGO Forum that an NGO Forum on non-discrimination, should be held in 2011, this should be formally supported.
SUMIE OGASAWARA, of International Movement Against All Forms of Discrimination and Racism, said that the organization welcomed the report of the Special Rapporteur on racism. They welcomed this reference to discrimination as a historic legacy, one of whose typical manifestation was discrimination based on caste and systems of inherited status, also known as discrimination based on work and descent. The organization regretted that this report did not mention the non-reference to this form of discrimination in the outcome document of the Durban Review Conference. They remained encouraged, however, by the commitment of the Special Rapporteur to tackle this problem, and his view that this form of discrimination fell under the Convention on the Elimination of Racial Discrimination, as expressed in a Durban Review Conference side event, which was also the official standpoint of the Committee on the Elimination of Racial Discrimination.
GIANFRANCO FATTORINI, of Movement against Racism and for Friendship among Peoples, said that the issue selected by the Special Rapporteur was indeed pertinent; poverty did give rise to several forms of racism and racist policies. The study between economic and social policies as well as ethnic and cultural policies was the best method to apply in this regard. Of main concern was the issue of migrants, foreign occupation, and populations that were victim of discrimination carried out in the name of terrorism. The Mouvement Contre le Racisme et Pour l’Amitie Entre les Peuples encouraged the Special Rapporteur on racism to focus on the issue of the Roma in France. Finally, in agreement with the Special Rapporteur, the commitments entered into by States in the Durban Review Conference had to be translated into practice.
JAN LONN, of International Youth and Student Movement for the United Nations, in a joint statement with Women's International League for Peace and Freedom, said the first report of the Special Rapporteur was welcomed, and his determination to carry out his mandate for the implementation of the Durban Declaration and Programme of Action by giving special attention to the most vulnerable groups among the victims of racism was welcome. The Special Rapporteur highlighted the linkage between poverty and racism as a central dimension in the fight against racism, and the need for special measures to correct historical injustices and remedy past damage, such as slavery, segregation and apartheid. The Special Rapporteur needed all support in this work. Civil society had much to contribute in the struggle against racism, and no doubt many non-governmental organizations looked forward to a close cooperation with the Special Rapporteur in the continuation of his mandate. Concerted actions should be taken regarding the implementation of the Durban Declaration and Programme of Action.
RENATA BLOEM, of CIVICUS World Alliance for Citizen Participation, said that it welcomed the report of the Special Rapporteur on racism and racial discrimination, in particular its detailed analysis on the outcome document of the recent Durban Review Conference and its focus on poverty and racism. An example and good outcome of the Durban process was presented at a side event during the Durban Review Conference organized by Civicus. A speaker brought alive a positive view of the multiple forms of gender identities, speaking as an Afro Latin American women promoting the rights of the African Diaspora. One of the main issues was political participation. In addition to making positive contributions on the value of multiple identities, Afro Latin American women hoped to celebrate in 2010 the election of the first Afro Latin American woman as President.
JOSHUA COOPER, of World Association for the School as an Instrument of Peace, said with regard to the report by the Special Rapporteur on his visit to the United States, the issue of housing was of concern. People who suffered from the effects of hurricane Katrina were left without housing and their plight had not been addressed adequately by the Government. The Special Rapporteur on racism had presented an overview of the United States, however the United States failed to ensure non-discriminatory practices in the country. The report of the Special Rapporteur was pertinent as the Obama administration moved to join the Human Rights Council. In conclusion the United States was also encouraged to ratify the Convention on the Rights of the Child.
ORETTA BANDETTINI DI POGGIO, of International Educational Development, said the attention of the Council should be drawn to paragraph 45 of the report in which the Special Rapporteur pointed out the connection between racism and genocide and ethnic cleansing and the dangers of exclusionary ideologies based on race and ethnicity. In post ethnic-conflict situations, especially where genocide had been a feature, an anti-racist approach was essential to move from fractious inter-ethnic conflict to inter-ethnic cooperation with a common vision for the future. Such a common vision seemed very far off in Sri Lanka, as the Government continued to carry out extreme anti-Tamil policies, including ethnic cleansing, that were the cause of the conflict. Why did the Special Rapporteur not join the joint statements of mandate holders as the ethnic conflict escalated and the plight of the Tamil people became every more catastrophic, the speaker asked, urging him to undertake an emergency mission to Sri Lanka as soon as possible.
Right of Reply
OMAR RABI (Morocco), speaking in a right of reply, said that as had been noted, the credibility of the non-governmental organization (NGO) International Educational Development was at stake. In schizophrenic terms, it was attacking this Council. It was not the first time that it was taking the floor. In the future, measures should be taken not to allow persons to carry two badges. Country delegates could only have one badge so how could NGO representatives have two. It was also not written anywhere that one NGO could speak under the name of another.
YASANTHA KODAGODA (Sri Lanka), speaking in a right of reply, said two non-governmental organizations made adverse and incorrect references to the prevailing situation in Sri Lanka, saying that an ethnic based genocide was taking place. The internal conflict in Sri Lanka had now come to an end. The Liberation Tigers of Tamil Eelam had been liberated and as such 280,000 ethic Tamil Sri Lankans who were kept hostage by the Liberation Tigers of Tamil Eelam were released by the Liberation Tigers of Tamil Eelam rebels. These people were now housed in internally displaced persons camps and villages. Within the last four weeks alone, the Government of Sri Lanka resettled 20,000 of those persons. Currently, 257,000 persons remained in internally displaced persons camps; however, the International Committee of the Red Cross and the High Commissioner for Refugees were present in these camps. Therefore, it was totally incorrect to say that there was an ethnic genocide taking place in Sri Lanka, this was not the case and this was never the case. Sri Lankans were treated in accordance with internationally recognized norms and standards.
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For use of the information media; not an official record
MORNING
17 June 2009
Council Concludes General Debate on Racism and Racial Discrimination, Holds General Debate on Technical Assistance and Capacity Building
The Human Rights Council this morning held an interactive dialogue with the Independent Expert on the situation of human rights in Haiti after he presented his report. The Council also concluded its general debate on racism, racial discrimination, xenophobia and related forms of intolerance, including follow-up and implementation of the Durban Declaration and Programme of Action, and held a general debate on technical assistance and capacity building.
Michel Forst, Independent Expert on the situation of human rights in Haiti, said he had returned to Haiti in May in order to update his report and pursue his investigations. With regards to the reforms of justice, he welcomed the determination of the Minister of Justice who, as soon as he was appointed, dismissed some judges who were not meeting the necessary ethical standards, showing that he had objectives and a clear strategy. In combating corruption, he had also dismissed a number of Government Commissioners, and made available a number of judges, showing the determination of the Government to attack this blemish on Haitian society. The reform of the National Police was also moving forward fast, and effects were visible. Respect for the rule of law was an essential element for human security, and the latter should not be restricted just to the rule of law. Installing the latter required the proper institutions and services.
Speaking as the concerned country, Haiti said that the Haitian authorities welcomed the transparency and openness of spirit that characterized the exchanges the Expert had had with Haitian officials. Haitian authorities had shown their clear will to cooperate with United Nations bodies for the protection of human rights. During his two visits, from 17 to 28 November 2008 and from 27 April to 9 May 2009, the Expert was struck by the commitment of the Head of State towards the reform of the judiciary. A series of measures had been adopted for the protection of human rights, including the ratification on the Convention on Transnational Crimes and the Convention on the Rights of Persons with Disabilities, as well as the Convention Against Torture. The fight against corruption, violence against women and girls, and human trafficking were all at the heart of the Government’s work, which was addressing them despite financial restraints.
In the interactive dialogue with the Independent Expert, speakers reaffirmed the importance attached to the mandate of the Independent Expert and supported the extension of his mandate. The report referred to significant improvements in civil and political rights, and reform of the justice and police, and to a number of inadequacies in the latter reform, as well as points of concern such as violence against women, the situation in prisons, and children's rights. With regards to kidnapping and restaveks, it was important to coordinate the work with the Special Rapporteur on contemporary forms of slavery. Work on economic, social and cultural rights was important to improve the concrete situation of individuals and the situation of Haiti. Overpopulation of the Haitian prisons continued to be a grave problem and it constituted cruel, inhumane and degrading treatment of the inmates concerned.
Speaking in the interactive dialogue were France, Czech Republic on behalf of the European Union, Norway, United States, Luxembourg, United Kingdom, Canada, Sweden, Mexico, Brazil, Argentina and Peru. The National Human Rights Institution of Niger, the International Federation of Human Rights Leagues and the National Centre for Human Rights and Democracy also took the floor.
In the general debate on technical assistance and capacity building, speakers said it was the responsibility of all States to promote and protect human rights and to ensure that the universality of human rights became a reality throughout the world. They all knew the difficulties of such a task. Therefore the international community should devote every effort to assist States, whose Governments had demonstrated such sincere commitment, in removing all obstacles that continued to hamper the implementation and fulfilment of all human rights. Cooperation was not the only aspect to be considered, and technical assistance and capacity building was the other aspect to be further considered in this regard. Since its founding, the Office of the High Commissioner for Human Rights was one way the international community effectively took action to protect and promote human rights for all. The Office had done a noteworthy job in targeted areas around the world in providing technical assistance, preventing human rights abuses and violations, engaging in dialogues with Governments to promote greater respect for human rights, and playing an active role in removing obstacles to the realisation of human rights.
Speaking on technical assistance and capacity building were the Czech Republic on behalf of the European Union, Brazil and the United States. The Arab Commission for Human Rights also took the floor.
In the general debate on racism and racial discrimination, speakers said that racism, racial discrimination, xenophobia and related forms of intolerance undermined the key principle of universality of human rights. Combating them must be a true priority of the international human rights agenda. The Durban Review Conference was dominated by acrimonious inter-State debates that focused overwhelmingly on general issues, providing little space for civil society engagement or any genuine review of State practice domestically. However, despite the hate campaign at the Durban Review Conference, it was nevertheless a success in the battle against racism, racial discrimination, xenophobia and related intolerance. The Review Conference confirmed the success of Durban and addressed new challenges - the question of migrants, the battle against terrorism, stigmatisation and stereotyping based on religious practices. Discrimination based on work or descent, untouchability or caste discrimination was widespread throughout much of Asia and in several countries in Africa, affecting an estimated 250 million people worldwide. Speakers welcomed the statement by the Special Rapporteur on racism that this form of discrimination clearly fell within his mandate.
The following non-governmental organizations took the floor on racism and racial discrimination: Amnesty International, Islamic Human Rights Commission, Association for World Education, Arab Commission for Human Rights, United Nations Watch, International Humanist and Ethical Union, Interfaith International, Rencontre Africaine de defense pour les droits de l’homme, Mbororo Social and Cultural Development Association, North South XXI, International Movement against All Forms of Discrimination and Racism, Mouvement contre le Racisme et Pour l’Amite Entre les Peuples, International Youth and Student Movement for the United Nations, CIVICUS World Alliance for Citizen Participation, World Association for the School as an Instrument of Peace and International Educational Development.
Morocco and Sri Lanka exercised their right of reply.
The Council today is holding back-to-back meetings from 9 a.m. to 6 p.m. During its midday meeting, it will meet in private to discuss its complaint procedure. At 3 p.m. the Council will consider the appointment of mandate holders and begin to tack on draft resolutions.
Document on Haiti
The Council has before it the annual report of the Independent Expert on the situation of human rights in Haiti, Michel Forst (A/HRC/11/5), which records notable progress in Haiti in the area of civil and political rights, with the passing of the framework laws on the reform of the judicial profession, the Supreme Council of the Judiciary and the independence of the Judicial Training College, but finds there is still a long way to go before Haiti’s criminal justice system meets the imperatives of the rule of law. The appointment of the President of the Court of Cassation, who is also President of the Supreme Council of the Judiciary, is a crucial factor in the implementation of the reforms in this respect. The security situation has progressed, the number of kidnappings has fallen and the main gang bosses have been arrested, but the situation still remains precarious. The reform of the Haitian National Police and the vetting process begun by it with the support of the United Nations Stabilization Mission in Haiti (MINUSTAH) are a major test of the determination to effectively overhaul one of the cornerstones of the rule of law. The decisions which will be taken with a view to removing undesirable elements from the Haitian National Police in compliance with statutory provisions will signal to the population the commitment to re-establishing State authority. The issue of violence against women and girls, in particular rape, and issues relating to lynchings, human trafficking and deportees remain matters of concern. In the penitentiary system, the main problem is prison overcrowding, which is closely linked to prolonged pre-trial detention. There is also much evidence that corruption, a scourge of Haitian society, is still rife at all levels. In the area of economic and social rights, economic exclusion is a threat to political stability in Haiti and sustainable development, which cannot be contemplated without the strong and sustained support of the international community to achieve effective institution building, the only means of guaranteeing the provision of basic social services. In the Independent Expert’s view, the rule-of-law issue cannot be resolved solely through reform of judicial institutions and the criminal justice, police and penitentiary systems to allow the enjoyment and exercise of civil and political rights. Establishing the rule of law also means ensuring the functioning of public services and institutions, which, in addition to the safety of persons and property, must guarantee to every citizen the full exercise of economic, social and cultural rights, as set forth in the International Covenant on Economic, Social and Cultural Rights, which is included in the parliamentary agenda for 2009.
Presentation by the Independent Expert on the Situation of Human Rights in Haiti
MICHEL FORST, Independent Expert on the situation of human rights in Haiti, said the Council had asked him to report on the general situation of human rights in Haiti and on the implementation of the recommendations in the previous reports, and to take up the situation of economic, social and cultural rights. The report had been submitted last March, and he had returned to Haiti in May in order to update it and pursue his investigations. With regards to the reforms of justice, there were few changes since the report had been submitted. He welcomed the determination of the Minister of Justice who, as soon as he was appointed, dismissed some judges who were not meeting the necessary ethical standards, showing that he had objectives and a clear strategy. In combating corruption, he had also dismissed a number of Government Commissioners, and made available a number of judges, showing the determination of the Government to attack this blemish on Haitian society.
The reform of the National Police was also moving forward fast, and effects were visible. The population was aware of the reform. Not everything had been finished in this respect, and there were still acts of violence, arbitrary behaviour, and instances of corruption. The Independent Expert was still concerned for the certification of Police. The state of prisons was well known, and prisons were subject to almost daily international visits. Since the report, the foundation stone of a civil prison had been laid which aimed to reduce the burden on the national penal system. Other similar buildings were on their way. The main problem remained the conditions of detention, because of prison overcrowding and prolonged preventive detention. There was concern that the reform of the Police Service should go faster - the rule of law was based on strong and effective police and justice. If one was not up to the other, then there was a danger of imbalance, equivalent to a limping rule of law, which would be worrying for both Haiti and the international community's view of it. Efforts therefore had to be redoubled in the area of justice. The establishment of a national human rights institution was needed.
Respect for the rule of law was an essential element for human security, and the latter should not be restricted just to the rule of law. Installing the latter required the proper institutions and services. Access to education, a health system, drinking water and sanitation services, decent and healthy housing, employment, wages and training should be guaranteed for all. Human rights were indivisible and interdependent, but for the population of Haiti this affirmation needed to be clearly seen in visible programmes, without which it would just be an empty incantation. What was at stake in Haiti was not just a matter of justice, police and the prison system, but of enjoyment of human rights, so that human security could prevail. The population needed to be protected against violence and corruption, but also against hunger, illiteracy, and disease.
Statement by the Concerned Country
JEAN-CLAUDE PIERRE (Haiti), speaking as a concerned country, said that the Haitian authorities welcomed the transparency and openness of spirit that characterized the exchanges the Expert had had with Haitian officials. Haitian authorities had shown their clear will to cooperate with United Nations bodies for the protection of human rights. During his two visits, from 17 to 28 November 2008 and from 27 April to 9 May 2009, the Expert was struck by the commitment of the Head of State towards the reform of the judiciary. A series of measures had been adopted for the protection of human rights, including the ratification on the Convention on Transnational Crimes and the Convention on the Rights of Persons with Disabilities, as well as the Convention Against Torture. The fight against corruption, violence against women and girls, and human trafficking were all at the heart of the Government’s work which was addressing them despite financial restraints. In April 2008, Haiti was shaken by hunger riots which had led to a political crisis for several months. Haiti had also been hit between August and September by four successive hurricanes which had destroyed much infrastructure.
Interactive Dialogue with the Independent Expert on the Situation of Human Rights in Haiti
VERONIQUE BASSO (France) said that France reaffirmed the importance it attached to the mandate of the Independent Expert and for the extension of his mandate. In order to ensure follow up to the recommendations of previous reports, the Independent Expert’s report focused on the enhancement of the rule of law, which was an important element when analysing the human rights situation in Haiti. France asked the Independent Expert, in what key areas was the possible reform of judicial system to take place? How would this address the rampant corruption in the country while ensuring human rights and fundamental freedoms of Haitians were ensured, as corruption was noted as a key cause of human rights violations? What were the key obstacles identified in the process of judicial reform? Lastly, what would the Independent Expert be focusing on in future reports?
BARBORA REPOVA (Czech Republic), speaking on behalf of the European Union, said the report referred to significant improvements in civil and political rights, and reform of the justice and police, and to a number of inadequacies in the latter reform, as well as points of concern such as violence against women, the situation in prisons, and children's rights. How could the difficulties encountered in vetting the Police force be overcome; and would increased awareness of the importance of the issue of juvenile justice and the situation of minors in prison improve the situation, the speaker asked. With regards to kidnapping and restaveks, it was important to coordinate work with the Special Rapporteur on contemporary forms of slavery. Work on economic, social and cultural rights was important to improve the concrete situation of individuals and the situation of the country.
VEBJORN HEINES (Norway) said that Norway shared the view of the Independent Expert that overpopulation of the Haitian prisons continued to be a grave problem and that it constituted cruel, inhumane and degrading treatment of the inmates concerned. Statistics presented to the Military and Police Adviser Community based in New York on a mission to Haiti in May indicated that the number of individuals behind bars had increased twofold from 2006 to 2009, apparently as a result of more effective police work. Unfortunately the judicial system did not seem to be able to cope with this massive increase, resulting in overcrowding, limited access to legal aid as well as prolonged custody. Norway asked how the international community could better assist the Haitian Government to enhance its response to these challenges.
ANNA L. CHAMBERS (United States) said that many of the areas highlighted by the Independent Expert, including judicial reform, corruption, reform of the Haitian National Police, prison conditions, deportees, and violence against women, were also areas that the United States had worked to address in collaboration with Haitian authorities through a variety of bilateral aid programmes. Over the past three years, the United States had provided more than $ 904 million in assistance to Haiti to support programmes aimed at protecting human rights and improving food security, fostering economic development, and strengthening democratic governance. The United States’ annual human rights report noted the difficult conditions in Haitian prisons, and supported the steps outlined by the Independent Expert for prison reform, including reducing overcrowding and improving living conditions, particularly for minors in detention. Similarly, the United States supported calls to take action to reduce violence against women and children in Haitian Society.
JEAN FEYDER (Luxembourg) said the progress made in Haiti was appreciated, as were the challenges for civil and political rights, and the Government of Haiti should ensure proper follow-up to recommendations as soon as possible. Luxembourg looked forward to the next report, which would include economic, social and cultural rights. The population of Haiti was struck by poverty. Haiti was seriously affected by the food crisis of 2008, leading to violence. Structural investment policies had led to various problems including a dramatic loss of competitiveness, with direct impact on the right to food, and the Independent Expert should pay attention to this issue.
ANDREW SOARES (United Kingdom) said that the United Kingdom welcomed Mr. Forst’s March report on human rights in Haiti. He had identified many of the key challenged faced by Haiti, including violence against women and children, trafficking in humans, overpopulation of prisons, and corruption. Amongst the recommendations he had made, which did the Independent Expert suggest were the priorities to be tackled? The United Kingdom noted Mr. Forst’s comment that Haiti must also work to protect its citizens against hunger, sickness and natural disaster. How could the international community’s assistance and aid donations specifically assist Haiti to develop robust and long-term strategies in this area?
DANIEL ULMER (Canada) said that despite important socio-economic, environmental and governance challenges, Haiti had seen some progress on human rights. The Haitian Government, with support from the international community, had achieved tangible results on many fronts. However, the political and security environment in Haiti remained fragile. As noted by the Independent Expert, providing a decent standard of living for the millions of Haitians who faced abject poverty was also of paramount importance. Being aware of improving and resolving these issues was a long-term process, and Canada and its partners were working hard to implement sustainable solutions to these challenges. Security system reform or progress such as dismantling armed gangs with the arrest and imprisonment of several prominent gang leaders as well as over 700 other gangs members were good examples. Canada mobilized resources from various departments, which totalled $ 50 million dollars per year for among other things, capacity building, border management, the prison system and community security.
CHRISTOFFER BERG (Sweden) said the Independent Expert was to be commended for his report which shed light on human rights issues that were of grave concern. Consolidating democracy and the rule of law in Haiti required not only reforming the national police but also addressing the many shortcomings in the judicial system. In this context could the Independent Expert recommend any order or priority in order to strengthen the rule of law and improve respect for human rights, the speaker asked, also asking whether the authorities had shown any willingness or taken any steps towards implementing an oversight mechanism for the judiciary. Further, would starting a process towards ratifying the Convention on the Elimination of Discrimination Against Women be meaningful in regards to the high incidence of violence against women, he asked.
SALVADOR TINAJERO ESQUIVEL (Mexico) said that Mexico thanked the Independent Expert for his report on the situation of human rights in Haiti and noted with satisfaction the progress in the sphere of civil and political rights thanks to the adoption of three pieces of framework legislation, even though there were important challenges ahead to consolidation of the penal system. In that respect, the appointment of the President of the Cassation Court was an essential element for the implementation of the reform. In the sphere of economic and social rights, Mexico underlined the importance of maintaining efforts to resolve issues of economic exclusion in order to avoid repercussions on political stability and sustainable development.
JOAO ERNESTO CHRISTOFOLO (Brazil) said it was hoped that the Independent Expert would be able to give his experience and skill in deploying his mandate with particular focus on economic and social rights, which would restore a balance of the principles of universality, indivisibility and interdependence when working on the situation of human rights in Haiti. Brazil encouraged the Independent Expert to enhance cooperation with the United Nations system and also partner States. Mr. Forst set out the commitment to focus on the right to food, water, schooling and medical care in one of his upcoming missions. The Secretary-General of the United Nations 6 May 2009 said, “With 78 percent of the population living on $2 or less a day, extreme poverty remained one of the most far-reaching and complex challenges facing Haiti, with profoundly deleterious effects on human rights, as well as on political and social stability”. It was no longer possible to continue talking about the human rights situation in developing countries without taking in account the structural causes that existed. A tremendous amount of money and resources had been spent on this situation. The poverty situation and the lack of opportunity available to the people, especially for children, was concerning. Brazil recommended that the Independent Expert coordinate his efforts with the Special Rapporteur on adequate resources. In conclusion Brazil welcomed the report on Haiti.
GONZALO JORDAN (Argentina) said the report gave an account of the efforts made and the sprit of cooperation shown by the people and Government of Haiti. The progress made by Haiti in civil and political rights through the adoption of three laws on the judiciary was welcome. However, the main challenges as regarded security, violence against women and girls and children were noted. The international community as a whole had undertaken a number of steps to provide the necessary assistance to Haiti to increase institution-building and provide the necessary human rights for all the people of Haiti. Argentina had been contributing through MINUSTAH, providing military and police resources, and had been working with the Government and other regional bodies in areas such as food security. It had also helped with the development of an investment bank, which should help with budgeting, helping Haiti to quantify public expenditure.
CARLOS SIBILLE RIVERA (Peru) said that Peru expressed and reaffirmed its support for the Government and the Haitian people and reiterated its commitment to continue cooperating permanently with Haiti to ensure the democracy and human rights, institution-building and the creation for long-term social and economic development in that fraternal country. Peru supported the action taken by the Government of Haiti to stabilize the internal situation and consolidate the progress of the last year, in particular in the field of civil and political rights, as the Independent Expert had noted. However, Peru noted with concern the slow progress in the field of economic, social and cultural rights, as well as the judicial field and institutional capacity building. Therefore, Peru asked the Independent Expert to focus on the realization of economic and social rights which was indeed his intent.
Mr. D. DIJO, of National Human Rights Institution of Niger, in a joint statement with the National Human Rights Institutions of Canada, Togo, Greece, the Consultative Commission of France, Senegal, Ireland, Germany and Luxembourg, said the primary focus of their institutions was to ensure respect for fundamental rights in their respective countries. Their mission was to assist the Governments in their respective countries to address difficult situations while preserving these rights, which was the case in Haiti at the moment. The Office for the Protection of Citizens in Haiti was set up to protect all the rights of its citizens. However the National Human Rights Institutions were working to review the policies and practices of the office to bring it in accordance with the Paris Principles. The network of National Human Rights Institutions in coordination with the Office of the High Commissioner for Human Rights was committed to the time and resources necessary to implement these measures.
PIERRE ESPERANCE, of International Federation of Human Rights Leagues, said since 2006 Haiti had enjoyed certain political stability, but the general human rights situation remained one of concern. The Government was not directly involved in violations of civil and political rights, but the provision of identity documents remained a challenge to be taken up by the State, and there were thus many of voting age who could not vote due to lack of papers. Violence occurred, leading to the annulment of the vote in certain areas. The efforts of the national police and the United Nations Mission had been seriously undermined by the judiciary who had released individuals who had not yet been judged in 2007 and 2008. The prisons kept people in terrible conditions, tantamount to inhuman, cruel, and degrading treatment. Minors in conflict with the law were imprisoned despite Haitian law which stated they should be placed in re-education centres, although these did not exist in Haiti.
CYNTHIA GERVAIS, of International Centre for Human Rights and Democratic Development (Rights and Democracy), said that the organization welcomed that the Haitian Government showed real commitment to protect the rights of its citizens. The organization asked the Government to strengthen the national human rights commission, which should be able to open regional offices in the country and strengthen ties with other authorities. Since Haiti would be considered for the Universal Periodic Review in 2010, the organization wanted to know what form of collaboration with the concerned actors would be useful to complement and support the work of the Independent Expert.
MICHEL FROST, Independent Expert on the situation of human rights in Haiti, in concluding remarks, said that he was thankful for all the comments and questions made and for the participation of Member States and all non-governmental organizations which participated. Many of the questions would be taken as guiding elements in his mission to Haiti. There was fluid communication between the Independent Expert and the Government of Haiti, which ensured that follow up was always welcomed. The determination of the President and the Prime Minister of Haiti to conduct reforms was noted. The national context of Haiti was a very difficult issue, and apart from the political will there was need for concrete action. The reform of the police force was of course an important and necessary measure, and would be conducted in coordination with the authorities. In order to reform the judiciary, one should bear in mind that training was a key element here, and that new judges had to be trained ongoing. With regard to the police and administration, this was crucial. Economic, social and cultural rights would be taken into consideration in his work going forward. Distribution of aid had to shift to a change in language, as it was important that the population of Haiti was able to enjoy that assistance and their rights. The subject of women’s rights would be a central point in his upcoming reports. Access to water, food and education would also be addressed in upcoming reports.
JEAN-CLAUDE PIERRE (Haiti) thanked all countries that had spoken to support the work of the Independent Expert. These were all relevant recommendations. In particular there were special thanks to the United States, Brazil and Argentina for the technical and financial assistance. With regards to Sweden's comment on the ratification of the Convention on the Elimination of Discrimination Against Women, this Convention was ratified without reserve by Haiti on 7 April 1981, and this had entered into force on 11 May 1981. In 2009 a Haitian delegation came to Geneva to go before the Committee and presented a report covering the initial report and the various periodic reports that were due earlier. The next report was to be submitted in 2010.
General Debate on Technical Assistance and Capacity Building
JEANIE TOMKIN (Czech Republic), speaking on behalf of the European Union, said that around the world, in every region, in every country, there were still people for whom in their everyday life human rights were only a mere desire, rather than a reality. It was the responsibility of all States to promote and protect human rights and to ensure that the universality of human rights became a reality throughout the world. They all knew the difficulties of such a task. Therefore the international community should devote every effort to assist States, whose Governments had demonstrated such sincere commitment, in removing all obstacles that continued to hamper the implementation and fulfillment of all human rights. The European Union had made human rights and democracy one of the main pillars of its relations with others. The European Union and its Member States continued to contribute extensively to technical assistance and capacity building in the field of human rights, both in the framework of multilateral relations and in bilateral agreements. The European Union was actively involved in building confidence in enhancing the reliability and transparency of democratic electoral processes.
JOAO ERNESTO CHRISTOFOLO (Brazil) said that with respect to technical assistance and capacity building this item on the agenda of the Human Rights Council provided the Council with one of the only positive items, an item in which concerned countries expressed their will to cooperate with the United Nations system and provided a good path in the promotion and protection of human rights. The Human Rights Council performed its duties in identifying human rights challenges, and now had to help countries deal with these challenges. Brazil was of the opinion that cooperation was not the only aspect to be considered, and that technical assistance and capacity building was the other aspect to be further considered in this regard. Brazil was already engaged in this practice, as were many other countries such as Cuba. With the help of the Office of the High Commissioner for Human Rights in this regard more could be done.
ANNA L. CHAMBERS (United States) said the primary objective of the Human Rights Council and the main criterion by which it was to be judged was to increase the protection and promotion of human rights around the world. This mandate was a tall order - many United Nations Member States contributed greatly to the advancement of human rights in different ways, but one country working bilaterally could accomplish what many countries working collectively could achieve. Since its founding, the Office of the High Commissioner for Human Rights was one way the international community effectively took action to protect and promote human rights for all. The Office had done a noteworthy job in targeted areas around the world in providing technical assistance, preventing human rights abuses and violations, engaging in dialogues with Governments to promote greater respect for human rights, and playing an active role in removing obstacles to the realisation of human rights. The United States greatly supported the Office's important work, and firmly believed it should maintain its complete independence in order to carry out its job to the fullest.
ABDEL WAHAB HANI, of Arab Commission for Human Rights, said that technical assistance for capacity building was needed for the protection of human rights. The Arab Commission had asked for multi-lingual webcasting and also said that many documents were only received in English. Human rights violations did not only occur in English and human rights protection should not occur only in English either. It might be that the commitment of States was lacking, but there was money available. The multi-lingual webcasting and the translation in all United Nations languages would bring the Human Rights Council closer to the people.
General Debate on Racism, Racial Discrimination, Xenophobia and Related Forms of Intolerance
GRAINNE KILCULLEN, Amnesty International, said racism, racial discrimination, xenophobia and related forms of intolerance undermined the key principle of universality of human rights. Combating them must be a true priority of the international human rights agenda. The consensus adoption by the Durban Review Conference of its Outcome Document was a significant achievement for the international community. It was now time to turn to action aimed at the implementation of the Durban Declaration and Programme of Action and the Outcome Document, the adoption of which offered an opportunity for a fresh start in national and international efforts to combat racism. There should be development of the High Commissioner's proposal to establish a United Nations observatory on racism. The Council should take measures to enhance the effectiveness of the follow-up mechanisms to the Durban Declaration and Programme of Action.
JENNIFER LOEWENSTEIN, of Islamic Human Rights Commission, said that the Islamic Human Rights Commission believed that the Durban Review Conference was dominated by acrimonious inter-State debates that focused overwhelmingly on general issues, providing little space for civil society engagement or any genuine review of State practice domestically. For the victims of racial discrimination and related intolerance that traveled from far and wide to be present at the Durban Review Conference, it was a deeply shocking and surprising experience, for the rest of the world it was a highly symbolic event. The Islamic Human Rights Commission remained concerned that the fault lines exposed at Durban however were the same as the posited root causes of the not so new global divide. These included the economic dominance of the Western States, the harmful legacies of colonialism, failure to secure peace in the Middle East and the persistence of xenophobia and discrimination across ethnic, religious and cultural boundaries globally.
DAVID LITTMAN, of Association for World Education, in a joint statement with World Union for Progressive Judaism, said that the Association for World Education felt obliged to speak again of a symbolic case of ‘defamation of religion’, as well as religious and racial hatred, being propagated six months ago. There was an urgent call for a universal condemnation of these blatant defamations of Judiasm and the constant demonization of Jews in the Islamic Educational, Scientific and Cultural Organization publications and in certain media. The Islamic Educational, Scientific and Cultural Organization was the cultural wing of the Organization of the Islamic Conference and its 57 United Nations Member States.
ABDEL WAHAB HANI, of Arab Commission for Human Rights, said despite the hate campaign at the Durban Review Conference, it was nevertheless a success in the battle against racism, racial discrimination, xenophobia and related intolerance. The Review Conference confirmed the success of Durban and addressed new challenges - the question of migrants, the battle against terrorism, stigmatisation and stereotyping based on religious practices. It was regrettable that at a time when the international community had reached this point that people living under foreign occupation had to suffer from discriminatory laws and policies. Despite the marginalisation of civil society, many non-governmental organizations had retained a positive attitude, and were the allies of the Council, not as enemies, in the universal campaign against racism.
MARISSA CRAMER, of United Nations Watch, said that United Nations Watch supported the fight against racism and discrimination which was the essence of the Universal Declaration of Human Rights. Examples of victims worldwide illustrated how this effort was as needed as ever. Firstly, as was underscored recently by this Council concerning China, they needed to see an end to arbitrary detention of ethnic minority members, including Tibetans, Uighurs and Mongols and respect for their freedom of religion and movement and for their languages, history and culture. Second, they could not forget the victims of Darfur, who were the victims of a racist genocide carried out by the Government of Sudan. United Nations Watch supported the indictment by the International Criminal Court of Sudanese President Al-Bashir. His racist crimes should no longer enjoy impunity.
ROY BROWN, of International Humanist and Ethical Union, said discrimination based on work or descent, untouchability or caste discrimination was widespread throughout much of Asia and in several countries in Africa, affecting an estimated 250 million people worldwide. India outlawed such discrimination in its 1950s Constitution, had passed laws against the practice since then and had set up exemplary programmes of affirmative action. Nevertheless, the law was not enforced and caste discrimination remained endemic in India. The International Humanist and Ethical Union therefore welcomed the statement by the Special Rapporteur on racism that this form of discrimination clearly fell within his mandate.
DIPMONI GAYAN, of Interfaith International, said civil society had welcomed the Council's initiatives under this agenda item to provide an opportunity to discuss human rights situations: the situation of indigenous peoples in seven north-eastern States in India, who were subject to the worst kind of discrimination. The region was considerably different on ethnic, linguistic, religious and cultural grounds. People of these areas were treated as aliens in other parts of their own country and were subject to different kinds of discrimination. The Council and civil society organizations should pay attention to the ongoing human rights situation in the region, and should ask the Indian Government to stop its efforts to migrate people to the region and ensure protection of all the fundamental rights of these people in accordance with its obligations.
BIRO DIAWARA, of Rencontre africaine pour la défense des droits de l'homme, in a joint statement with Al-Hakim Foundation, said that one year after the adoption of the Charter of the United Nations in 1946, India had drawn the attention of the General Assembly to the treatment of its nationals in South Africa and asked for this issue to be placed on the agenda. Africa had protested under Article 2 of the Charter. Since then, the issue of racism remained the most controversial subject on the agenda of the United Nations. The historic decision in 2001 and that of Geneva in April was binding on mankind. That was why the organization had suggested that the Special Rapporteur should contribute to the elaboration of a document on ethical orientation and pedagogic training on good practices for the fight against racism.
KAMRAN AFZAL, of Mbororo Social and Cultural Development Association, said it was deeply concerned about the worsening situation of racial discrimination in India. Caste-based discrimination was a form of racism and more. Nearly 1.3 million people in India were employed as manual scavenger workers. It was surprising that after nearly 61 years of independence, such practices remained highly practiced in India. Mbororo Social and Cultural Development Association urged the Indian Government to fulfil its promise and ensure equal rights to all its citizens, and in particular to the most vulnerable groups including the Dalits and others.
LILY AUROVILLIAN, of North South XXI, said the struggle to end racism and other forms of intolerance was ongoing. The convening of the Durban Review Conference, the drafting process and the Outcome Document were three points that needed revisiting. The lack of possibilities for participation of non-governmental organizations was problematic, in particular those from countries where racism was rife. The drafting process also lacked participation of victims of racism, racial discrimination, xenophobia and related intolerance. The Outcome Document lacked mechanisms to monitor and combat racism and related intolerance. All actors should consider the call made at the NGO Forum that an NGO Forum on non-discrimination, should be held in 2011, this should be formally supported.
SUMIE OGASAWARA, of International Movement Against All Forms of Discrimination and Racism, said that the organization welcomed the report of the Special Rapporteur on racism. They welcomed this reference to discrimination as a historic legacy, one of whose typical manifestation was discrimination based on caste and systems of inherited status, also known as discrimination based on work and descent. The organization regretted that this report did not mention the non-reference to this form of discrimination in the outcome document of the Durban Review Conference. They remained encouraged, however, by the commitment of the Special Rapporteur to tackle this problem, and his view that this form of discrimination fell under the Convention on the Elimination of Racial Discrimination, as expressed in a Durban Review Conference side event, which was also the official standpoint of the Committee on the Elimination of Racial Discrimination.
GIANFRANCO FATTORINI, of Movement against Racism and for Friendship among Peoples, said that the issue selected by the Special Rapporteur was indeed pertinent; poverty did give rise to several forms of racism and racist policies. The study between economic and social policies as well as ethnic and cultural policies was the best method to apply in this regard. Of main concern was the issue of migrants, foreign occupation, and populations that were victim of discrimination carried out in the name of terrorism. The Mouvement Contre le Racisme et Pour l’Amitie Entre les Peuples encouraged the Special Rapporteur on racism to focus on the issue of the Roma in France. Finally, in agreement with the Special Rapporteur, the commitments entered into by States in the Durban Review Conference had to be translated into practice.
JAN LONN, of International Youth and Student Movement for the United Nations, in a joint statement with Women's International League for Peace and Freedom, said the first report of the Special Rapporteur was welcomed, and his determination to carry out his mandate for the implementation of the Durban Declaration and Programme of Action by giving special attention to the most vulnerable groups among the victims of racism was welcome. The Special Rapporteur highlighted the linkage between poverty and racism as a central dimension in the fight against racism, and the need for special measures to correct historical injustices and remedy past damage, such as slavery, segregation and apartheid. The Special Rapporteur needed all support in this work. Civil society had much to contribute in the struggle against racism, and no doubt many non-governmental organizations looked forward to a close cooperation with the Special Rapporteur in the continuation of his mandate. Concerted actions should be taken regarding the implementation of the Durban Declaration and Programme of Action.
RENATA BLOEM, of CIVICUS World Alliance for Citizen Participation, said that it welcomed the report of the Special Rapporteur on racism and racial discrimination, in particular its detailed analysis on the outcome document of the recent Durban Review Conference and its focus on poverty and racism. An example and good outcome of the Durban process was presented at a side event during the Durban Review Conference organized by Civicus. A speaker brought alive a positive view of the multiple forms of gender identities, speaking as an Afro Latin American women promoting the rights of the African Diaspora. One of the main issues was political participation. In addition to making positive contributions on the value of multiple identities, Afro Latin American women hoped to celebrate in 2010 the election of the first Afro Latin American woman as President.
JOSHUA COOPER, of World Association for the School as an Instrument of Peace, said with regard to the report by the Special Rapporteur on his visit to the United States, the issue of housing was of concern. People who suffered from the effects of hurricane Katrina were left without housing and their plight had not been addressed adequately by the Government. The Special Rapporteur on racism had presented an overview of the United States, however the United States failed to ensure non-discriminatory practices in the country. The report of the Special Rapporteur was pertinent as the Obama administration moved to join the Human Rights Council. In conclusion the United States was also encouraged to ratify the Convention on the Rights of the Child.
ORETTA BANDETTINI DI POGGIO, of International Educational Development, said the attention of the Council should be drawn to paragraph 45 of the report in which the Special Rapporteur pointed out the connection between racism and genocide and ethnic cleansing and the dangers of exclusionary ideologies based on race and ethnicity. In post ethnic-conflict situations, especially where genocide had been a feature, an anti-racist approach was essential to move from fractious inter-ethnic conflict to inter-ethnic cooperation with a common vision for the future. Such a common vision seemed very far off in Sri Lanka, as the Government continued to carry out extreme anti-Tamil policies, including ethnic cleansing, that were the cause of the conflict. Why did the Special Rapporteur not join the joint statements of mandate holders as the ethnic conflict escalated and the plight of the Tamil people became every more catastrophic, the speaker asked, urging him to undertake an emergency mission to Sri Lanka as soon as possible.
Right of Reply
OMAR RABI (Morocco), speaking in a right of reply, said that as had been noted, the credibility of the non-governmental organization (NGO) International Educational Development was at stake. In schizophrenic terms, it was attacking this Council. It was not the first time that it was taking the floor. In the future, measures should be taken not to allow persons to carry two badges. Country delegates could only have one badge so how could NGO representatives have two. It was also not written anywhere that one NGO could speak under the name of another.
YASANTHA KODAGODA (Sri Lanka), speaking in a right of reply, said two non-governmental organizations made adverse and incorrect references to the prevailing situation in Sri Lanka, saying that an ethnic based genocide was taking place. The internal conflict in Sri Lanka had now come to an end. The Liberation Tigers of Tamil Eelam had been liberated and as such 280,000 ethic Tamil Sri Lankans who were kept hostage by the Liberation Tigers of Tamil Eelam were released by the Liberation Tigers of Tamil Eelam rebels. These people were now housed in internally displaced persons camps and villages. Within the last four weeks alone, the Government of Sri Lanka resettled 20,000 of those persons. Currently, 257,000 persons remained in internally displaced persons camps; however, the International Committee of the Red Cross and the High Commissioner for Refugees were present in these camps. Therefore, it was totally incorrect to say that there was an ethnic genocide taking place in Sri Lanka, this was not the case and this was never the case. Sri Lankans were treated in accordance with internationally recognized norms and standards.
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