HUMAN RIGHTS COUNCIL OPENS SEVENTH REGULAR SESSION

Human Rights Council
MORNING

3 March 2008




UN Secretary-General Tells Council that Commitments and Accountability Are Necessary to Make Human Rights a Reality for All


United Nations Secretary-General Ban Ki-moon today told the opening of the seventh regular session of the Human Rights Council that to make human rights a reality for all, clear commitments and clear accountability for those commitments were needed. Such accountability depended on the collective efforts of international organizations and Governments, as well as civil society. It required appropriate checks and balances and relentless scrutiny, so as to prevent or correct abuses and negligence. It was a duty of the highest order for each individual State, and the raison d’être of the Human Rights Council.

Mr. Ban said essential to the proper functioning of the Council’s machinery was the system of independent Special Procedures. The Universal Periodic Review, which the Council members were about to embark on, was conceived to prompt, support, and expand the promotion and protection of human rights on the ground. The Council must help ensure that assessments were fair, that review processes and methods were transparent, and, crucially, that nations were accountable for progress, stagnation or regression in the implementation of human rights standards. No country, however powerful, should escape scrutiny of its record, commitments and actions on human rights. The review must reaffirm that just as human rights were universal, so was the collective respect for them and the commitment to them.

High Commissioner for Human Rights Louise Arbour said the launch of the Universal Periodic Review should constitute a turning point in the historic development of the Council, centered on the substance of human rights, to the greatest benefit of all whose lives, security and dignity depended on the respect of fundamental human rights. The Universal Periodic Review would help focus people’s attention on the true sense of human rights situations around the world. This situation presented all with a rather gloomy picture. Only a very small number of individuals were benefiting from the ideals of equality and non-discrimination enshrined in the Universal Declaration of Human Rights.

Micheline Calmy-Rey, Head of the Federal Department of Foreign Affairs of Switzerland, said that this year the world was celebrating the 60th anniversary of the Universal Declaration of Human Rights. Many infringements throughout the world continued to be a challenge. Certain situations in the world called for special attention. Switzerland was disappointed by the fact that no efforts had been made by Myanmar since the Council’s Special Session on the situation in Myanmar. The human rights situation in Sri Lanka was also worrying. The Council had to pay particular attention to Darfur, as well as the Occupied Palestinian Territories.

Doru Romulus Costea, the President of the Council, said one should not lose from sight that improving the situation on the ground was the most important part of the work. The Council had all its mechanisms working now and everyone should help towards making them work efficiently.

Following the conclusion of the opening statements, the Council started its high-level segment which will continue until 5 March. Speaking were dignitaries from Colombia, Slovenia on behalf of the European Union, Cuba, Egypt, Luxembourg, the Philippines, Angola, Argentina, Romania Morocco, Brazil, Hungary, Nepal, Montenegro and the Republic of Korea.

Speaking in right of reply were Algeria and Morocco.

When the Council resumes its meeting at 3 p.m. this afternoon, it will continue with its high-level segment.

Opening Statements

DORU ROMULUS COSTEA, (Romania), President of the Human Rights Council, opening the seventh regular session of the Council, said that it was a pleasure to open the present session, as it was unique. Mainly because this session dealt with a whole series of themes while, at the same time, concluding the institution building process.

The President said that these times were also unique, as for the first time the budget of the United Nations in Geneva had been increased precisely for the work of the Council. This was good news as they were opening the celebrations for the 60th anniversary of the Universal Declaration of Human Rights. But one should not lose from sight that improving the situation on the ground was the most important part. Many victims counted on the Council to improve their situation on the ground and this was the Council’s principal task. The Council now had all its mechanisms in place and it was the responsibility of all stakeholders to make them work efficiently. The results of its deliberations would be valued to the extent that they changed things on the ground, be it under the form of responding to violations of human rights, or through assisting those States needing and willing to improve their human rights institutions and records, or through sharing good practices. The universality of human rights must be at the core of the Council’s proceedings. Dialogue and interaction with an open mind and focused on deliverable results were key to the successful implementation of the Declaration.

BAN KI-MOON, Secretary-General of the United Nations, while noting the 60th anniversary of the Universal Declaration of Human Rights being observed this year, said that over the past six decades, the international human rights enterprise had made remarkable, even triumphant, strides. To make human rights a reality for all -- to implement and enforce these rights where it mattered -- clear commitments and clear accountability for those commitments were needed. Such accountability depended on the collective efforts of international organizations and Governments, as well as civil society. It required appropriate checks and balances and relentless scrutiny, so as to prevent or correct abuses and negligence. It was a duty of the highest order for each individual State, and the raison d’être of the Human Rights Council.

Essential to the proper functioning of the Council’s machinery was the system of independent Special Procedures, the Secretary-General said. The Universal Periodic Review, which the Council members were about to embark on, was conceived to prompt, support, and expand the promotion and protection of human rights on the ground. This was an historic undertaking, with significant consequences for people around the globe. It must help ensure that assessments were fair, that review processes and methods were transparent, and, crucially, that nations were accountable for progress, stagnation or regression in the implementation of human rights standards. No country, however powerful, should escape scrutiny of its record, commitments and actions on human rights. The review must reaffirm that just as human rights were universal, so was the collective respect for them and the commitment to them. It must help prevent the distrust that surrounded the work of the Commission on Human Rights in its final years. The Council must respond to crises as they built up or unfolded, and address situations of concern that were neglected or forgotten by the international community. The Office of the High Commissioner for Human Rights, with all the authority of the office of the Secretary-General behind it, had for many years played a crucial role in advancing the cause of human rights worldwide, and continued to do so.

To underscore his personal commitment, the Secretary-General recalled that he had mobilized the entire UN family in the campaign for the 60th anniversary of the Universal Declaration of Human Rights. Ultimately, the work to uphold human rights rested on integrating human rights obligations into national legislation and policy, and using these to prevent and punish violations. But the Human Rights Council was responsible for securing such an outcome. The power of the Council lay in persuading rather than compelling, in cooperating rather than imposing mandatory measures. This power stemmed from credibility, not force. For the Human Rights Council to fulfil its true promise, its members must create an environment of trust and must foster a climate where best practices thrived. Moreover, the members of the Council must spur greater accountability for action on human rights. That was certainly the hope of the framers of this Council, it was the conviction of the world’s Governments when they united behind it, and it was the spirit in which the international community’s predecessors drafted the Universal Declaration of Human Rights.

LOUISE ARBOUR, High Commissioner for Human Rights, said since it was established almost two years ago, the Human Rights Council had been busy establishing its institutional framework, guided by the principles of universality, non-selectivity and non-politicization which inspired the reform of the former Commission on Human Rights. Its guidelines included an explicit commitment to improve existing norms, but also to work to implement universally recognized and accepted norms, which had been ignored and flouted in the daily reality of today’s world. This underlined the principles of the Universal Periodic Review. The launch of this process should constitute a turning point in the historic development of the Council, centered on the substance of human rights, to the greatest benefit of all whose lives, security and dignity depended on the respect of fundamental human rights.

The members of the Human Rights Council had good reason to welcome the progress made in the last two years, Ms. Arbour added. Yet, they would have to be cautious and agree to redirect their efforts to implement their adopted norms effectively. Their effectiveness would only be measurable with a visible improvement. The Universal Periodic Review would help focus people’s attention on the true sense of human rights situations around the world. This situation presented all with a rather gloomy picture. Only a very small number of individuals were benefiting from the ideals of equality and non-discrimination enshrined in the Universal Declaration of Human Rights. Now that it was well-founded, the Council was ready and prepared to contribute to the affirmation of the vision of universal human rights enshrined in the Declaration. The members of the Council were aware that they had a special responsibility in this regard.

MICHELINE CALMY-REY, Head of the Federal Department of Foreign Affairs of Switzerland, said that this year the world was celebrating the 60th anniversary of the Universal Declaration of Human Rights. Many infringements throughout the world continued to be a challenge, thus the Council had a duty to protect and respect the Declaration. The very intense working schedule of the present session reflected the thorough work awaiting the Council after a year of institution building.

Ms. Calmy-Rey said that the methodologies of the Universal Periodic Review were still to be defined. Undue haste had to be avoided. Also, the Special Procedures were seen as the cornerstone of human rights and they had to aim towards a coherent system. The Human Rights Council should aim to be exemplary and achieve a balance between men and women. Discrimination and violence against women were still present throughout the world; strengthening their rights was seen as important. All stakeholders were urged to take into account the gender perspective in the implementation of their mandates. Certain situations in the world called for special attention. Switzerland was disappointed by the fact that no efforts had been made by Myanmar since the Council’s Special Session on the situation in Myanmar. The human rights situation in Sri Lanka was also worrying. The Council had to pay particular attention to Darfur, as well as the Occupied Palestinian Territories and Switzerland called for an end to the Israeli military actions as well as the rocket attacks by Palestinians. Civilians in the Gaza strip were suffering from these conditions.

Ms. Calmy-Rey noted that the distribution of tasks between the General Assembly and the Human Rights Council was being finalized. A balance between those two bodies had to be achieved. Switzerland thought that the Human Rights Council had to work towards the implementation of human rights in all countries. The Universal Periodic Review was also posing new challenges. Switzerland strongly supported the Office of the High Commissioner and underscored the importance of its independence. The Council had to remain the main actor and defendant of human rights.

High-Level Segment

FRANCISCO SANTOS CALDERON, Vice-President of Colombia, said Colombia had been one of the most scrutinized countries recently regarding human rights, not always in a fair and objective way. Recent progress made included that Colombia had voluntarily postulated itself to be examined under the Universal Periodic Review. From 2007 and to 2010, Colombia would invest $ 550 million every year to provide assistance for the internally displaced population. Colombia had established Protection Programs for victims and witnesses under the enforcement of the Law of Justice and Peace and it had redressed the victims of violence in a sum of $ 230 million. As Vice President of Colombia and as a former victim of kidnapping, he wished to share with the Council the happiness caused by the release of three women and three Colombian men during the past weeks after more than five years of captivity by a group that had been labeled as terrorist by the European Union, Canada and the United States, the FARC. A concern and an affront for Colombians was the fact that there were still more than 700 people kidnapped by the FARC, and they knew nothing about their situation.

Mr. Calderon emphasized that Colombia had demonstrated its will, initiative and persistence to attain the freedom of the kidnapped people. He called on the Human Rights Council to condemn kidnapping as a crime against humanity and to demand the immediate unconditional liberation of all kidnapped people. Colombia was a country fond of peace, respectful of the Charter of the United Nations and faithful to international law. It had never been an adventurous country militarily or politically. It had been respectful of the principle of non-interference in internal affairs of States. It did not accept any provocation that might jeopardize the stability of the region. There should be no misunderstanding that Colombia would continue to be firm in the fight against the worldwide drug problem and against terrorism, within due respect to human rights and international law.

DIMITRIJ RUPEL, Minister of Foreign Affairs of Slovenia, speaking on behalf of the European Union, said the Universal Declaration on Human Rights continued to be a common standard of achievement today just as much if not more than nearly 60 years ago when adopted. Since the adoption of the Universal Declaration of Human Rights the universality of human rights and fundamental freedoms had also achieved universal recognition. Full implementation of human rights remained a goal in all regions of the world and none could claim exclusivity. This year the international community was also celebrating 15 years since the adoption of the Vienna Declaration and Programme of Action. The European Union fully subscribed to the inter-relatedness and interdependence of all human rights. Based on the original Universal Declaration on Human Rights vision, this anniversary year provided an opportunity to further reinforce this indivisibility of all human rights. This year also marked 15 years since the establishment of the Office of the High Commissioner for Human Rights. The European Union commended the High Commissioner for providing a presence in the field and for spearheading human rights into the work of the Organization.

With the ability to meet throughout the year and possibility to create country mandates or to call special sessions, the Council was provided with a solid foundation to become the most important United Nations human rights body, Mr. Rupel said. While the Universal Periodic Review would be looking into the human rights situation in all countries, this should not prevent the Council from looking into situations that due to their urgency or severity demanded the Council’s attention outside the Universal Periodic Review’s framework. The Council would be judged on the basis of its responsiveness and effectiveness in dealing with human rights issues and situations. During the current session the European Union would be presenting initiatives to extend mandates of the Special Rapporteurs for Burma/Myanmar and for the Democratic People’s Republic of Korea. It would also work for extending the technical cooperation and assistance mandate for the Democratic Republic of the Congo and the mandate of the Independent Expert for Somalia. The European Union was deeply concerned and would pay special attention to the deteriorating situation and the most serious violations of human rights in Sudan. Moreover, the European Union commended the High Commissioner for sending a mission to Kenya and remained concerned over the situation in Sri Lanka, which warranted a human rights monitoring mission.

FELIPE PEREZ ROQUE, Minister of Foreign Affairs of Cuba, said that the fact that Cuba was a founding member of this Council was a proof that the defense of principles had defeated power and wealth. During 2007, the institution building of the Human Rights Council had been concluded. Those who had fought to replace the old Commission finally saw the fruits of their patience. But could one be sure that the Council was different from the Commission? This was to be proved in the coming months, especially when the Universal Periodic Review started. It was not enough for every country to be subjected to the review, the Council had also to function under strict respect of the principles of subjectivity. If the Council became once more a tribunal to harass the southern countries, while turning a blind eye to the violations committed by powerful countries, it would be a failure.

Mr. Roque said that the Council had now to show that it was up to its task. To cause the Human Rights Council to fail would be an enormous responsibility and the countries responsible for its failure would have to bear it for the rest of the history. The Council had to exist and had to act. While some were defending suffocation and abduction, clandestine flights and confinement in concentration camps; while the Palestinian people were struggling for their freedom; this Council had to live and act. The United States, responsible for the most grievous crimes and human rights violations, had not been able to manipulate or control the Human Rights Council. Cuba, David, had won the battle against Goliath, the giant with its nuclear weapons.

Mr. Roque noted that Cuba had just concluded an electoral process. The people had massively supported the revolution and socialism. President Bush had urged the Cuban people not to vote, nevertheless 97 percent of the registered voters cast their ballots. Many thought that the authority of Fidel stemmed from his office. But this election showed that Fidel was the people, his ideas were those of the people and Raul was also Fidel. Fidel was every man and woman in the world fighting for justice and liberty everywhere in the world. In the year of the 60th anniversary of the Universal Declaration, Cuba renewed its commitment in the struggle for a world of justice, liberty and equality for all.

MOFID SHEHAB, Minister of Legal Affairs and Parliamentary Councils of Egypt, stated that in carrying out its responsibility the Council would hopefully do away with its shortcomings and politicization of the past Commission and contribute effectively to the United Nations system in the area of human rights. It was hoped that the Council would treat human rights and fundamental freedoms for all equally without distinction or discrimination. The Gaza Strip had seen a new Israeli aggression in recent days, which Egypt strongly condemned. This constituted a grave violation of the human rights of the Palestinian people and a breach of the principle of proportionality. The international community must recognize that the present situation was a dire consequence of the continued Israeli occupation of the Occupied Palestinian Territory, and of the Council’s failure to implement its own resolutions on the situation of human rights in the Occupied Palestinian Territory.

Egypt had always been a member of the global movement of human rights and had signed key international human rights instruments, Mr. Shehab said. Egypt had taken important steps along the road of updating important human rights instruments, attached great importance to the periodic review of its international human rights framework and was keen to update its human rights framework, accordingly. A number of human rights departments had been established in various government offices and human rights had been indoctrinated into the country’s education system. The Government of Egypt remained fully committed to the modernization of its human rights architecture. However, the politicization of human rights had often slowed down this process. Persistent insults addressed to people of belief and religion could not reflect the right of freedom of expression and could only lead to effective violations of the rights of those who believed in a certain religion or belief. Egypt called on all parties to look at these matters with tolerance and open-mindedness. It was important for the Council to play an effective role to prevent acts of hatred and discrimination resulting from the defamation of religions and to strengthen tolerance for religions. The right to self-determination was at he forefront of the rights to be upheld.

JEAN ASSELBORN, Vice Prime Minister for Foreign Affairs and Immigration of Luxembourg, said the Universal Periodic Review was a major institutional innovation of the new Human Rights Council and should have great influence on the credibility and future status of the Council. Luxembourg hoped that while carrying out the first reviews of 32 Member States in April and May, the Council would do so in a spirit of dialogue, cooperation and transparency, including cooperation from civil society. Luxembourg remained concerned about the violation of human rights in Darfur and denounced the deteriorating situation. The Council should also keep a vigilant eye on the situation in Myanmar/Burma. In Kenya, following the grave violations of human rights committed at the end of the past year, Luxembourg congratulated the fruitful mediation efforts of Mr. Kofi Annan. In the Democratic Republic of the Congo, physical and sexual violence still affected thousands of women and the Government had to find a way to end this flagrant violation. Luxembourg also called for reinforced efforts against discrimination against women, children, and for the prevention of genocide and impunity.

ALBERTO ROMULO, Secretary for Foreign Affairs of the Philippines, said that, six decades ago, the nations of the world had taken an important step. They had moved as an undivided family to protect men and women from abuses. Drafting the Universal Declaration of Human Rights had been an important task in which the Philippines had played an important role.

Mr. Romulo noted that 60 years later, ironically, the same violations were still taking place. Basic human rights were being broken in several countries. The Philippines, as the oldest democracy in Asia, had abolished capital punishment, was protecting the unborn and was working to advance human rights. It was one of the few countries that had ratified all seven human rights core treaties and it was now fully prepared for the Universal Periodic Review. It was working with its partners in the region to broaden the borders of human rights. But before Asia could give life to a regional human rights system, every member should first respect the Universal Declaration.

Dialogue was the bond for human rights and the weapon in the fight against terrorism, said Mr. Romulo. The Philippines would be one of the first countries to be reviewed under the Universal Periodic Review. The Universal Periodic Review would prove vital for helping countries to enhance the protection of human rights, by identifying means of implementation. It was not a device to increase tension between countries. The world was still facing challenges in the protection of human rights; the Council provided the venue to solve them. One should not let its guard down and let dark forces take it over. The Philippines pledged to do even more for the advancement of human rights.

MANUEL MIGUEL DA COSTA ARAGAO, Minister of Justice of the Republic of Angola, said that this session was particularly significant as it took place at the time of a historical turn around, as they celebrated 60 years of the United Nations adoption of the Universal Declaration of Human Rights. It was also an occasion to reflect upon the advances and failures of this global fight. Previous years had been characterized by events of impact to human rights and to international humanitarian law. But there had also been negative events. Racial discrimination, mainly against communities of African descent, religious intolerance, xenophobia, and the abuse and premeditated discrimination against migrant workers and members of their families had reached worrying levels, especially in Western Europe.

It was up to the Council members to address all these issues in a realistic and transparent way, without the rhetoric that often followed this debate. In this context, it was fundamental that the Council ensured the presence of the High Commissioner on the ground did not have underlying political motivations and that it encompassed the most sensitive territories. In five years of peace, Angola had implemented a set of policies that had radically changed the course of the country, placing it among the successful cases in the world. This would obviously have been impossible if it was not subjacent to the special attention that it had been dedicating to the issue of human rights respect. Angola had an ever open, active and dynamic society where the administration of justice was ever more extensive to the access of its citizens. The same way it had won the battle for peace, Angola was totally assured that it would win the battle for building an advanced, stable and prosperous democracy in the southern part of the African continent.

JORGE TAIANA, Minister of Foreign Affairs, International Trade and Worship of Argentina, said this year was particularly important in the history of human rights, given the celebrations of the 60th anniversary of the Universal Declaration of Human Rights, the Convention for the Prevention and Punishment of the Crime of Genocide, and, in South America, the American Declaration on the Rights and Duties of Man, constituting basic pillars in the universal system and inter-American system of human rights. This celebration should provide an effective impetus to implement all the possible actions to advance an international framework to ensure the respect, protection and promotion of human rights. Argentina attached particular importance to the promotion and strengthening of the universal and regional system for the protection of human rights. Ever since 2003, memory, truth, justice and reparation had been the pillars of Argentine society and the three powers the country which were considered as irreplaceable in the fight against impunity, as well as the fundamental basis to build a future.

The widespread and systematic nature of the forced disappearances committed by the last military dictatorship of Argentina, along with the follow up action by groups of human rights defenders, sparked the former Commission on Human Rights to create the Working Group on Forced or Involuntary Disappearances to give the power to investigate the thousands of denunciations which occurred in Argentina, he recalled. Argentina intended to organize an event at the United Nations in New York to promote the universal ratification of the Convention for the Protection of Forced Disappearances, which was fundamental in Latin America. At the same time, in an effort to commemorate the 60 years of the genocide convention, Argentina planned to hold a regional seminar in Buenos Aires with the aim of drawing up an inventory of action taken on the Convention giving an effective balance to the application of the Convention and to promote its implementation. Moreover, Argentina had recently created an international human rights prize to recognize the work of human rights institutions in other countries. Argentina supported the establishment of the Council and had the honor of being a Member State during its first round contributing to key decisions, including the creation of the Universal Periodic Review mechanism. Argentina would be one of the first States to be reviewed under this mechanism.

ADRIAN MIHAI CIOROIANU, Minister of Foreign Affairs of Romania, said that the Council opened its seventh session in the context marked by numerous global challenges and opportunities for promoting and protecting human rights. The Council should protect its capacity to take action in urgent situations and to promote and protect fundamental, universal and indivisible values. In the year marking the sixtieth anniversary of the adoption of the Universal Declaration of
Human Rights, the activity of the Council and its mechanisms should launch a signal to those whose rights were being violated that it would protect the most vulnerable members of the society.

Mr. Cioroianu said to mark the anniversary of the Universal Declaration in 2008, Romania envisaged national campaigns about human rights mechanisms to ensure protection at the national, regional and intentional levels. The main institution building in the Council had basically been achieved, and now Member States had arrived to the crucial stage of the Council undertaking its role as the United Nations mechanism responsible for the promotion and protection of human rights. The new modalities used to choose Special Rapporteurs should consolidate the work of the Council. With the work and efforts of the members of the Council, the Universal Periodic Review should work as a transparent and efficient instrument, capable of ensuring that governments upheld their obligations to protect human rights. Romania would undergo its Universal Periodic Review in a constrictive and sincere spirit. It would also use this spirit of cooperation and openness to dialogue in evaluating other States. If the Council wanted to fulfil its role in the promotion and protection of human rights, it had to effectively assume its early warning role and bring to the attention of the world situations of potential risk which could turn into humanitarian crises, with the loss of life and suffering that accompanied such situations. It also had to take up grave violations of human rights in a non-politicized and constructive approach.

ABDELWAHED RADI, Minister of Justice of Morocco, said that this session of the Council was being held at a time marked by the tragic development of human rights violations occurring right before their eyes in the Occupied Palestinian Territories and with the eruption of acts of intolerance, religious intolerance and xenophobia. In effect, as the Council was inaugurating its seventh session, Israel was launching its war machine against the Gaza Strip, causing the death of innocent victims, particularly among women and children. Morocco had condemned those atrocious acts and had called upon the international community to intervene immediately to put a stop to those abuses. In addition, this session was being held as they were gearing up to implement the Universal Periodic Review mechanism, to which Morocco attached a particular importance for the promotion of human rights in their universality and without selectivity. To that end, Morocco had organized a training seminar on the Universal Periodic Review on 2 and 3 February 2008 in Rabat, in cooperation with the International Organization of La Francophonie and the Office of the United Nations High Commissioner for Human Rights, and had hosted a seminar on Arab national human rights institutions, in cooperation with the Office of the High Commissioner on Human Rights in September 2007. Moreover, at the fourth session of the Council, Morocco had launched an initiative on a United Nations Declaration on human rights education, which had been presented, conjointly with Switzerland, as a resolution before the Council at its sixth session and which was subsequently adopted.

Mr. Radi said that Morocco was committed to a frank and constructive dialogue with the United Nations and its bodies as it was dedicated to the protection and promotion of human rights. As it had done with other reports, the elaboration of its report under the Universal Periodic Review process had been undertaken in a consultative and participative manner, following the directives established by the Council. With a view to ensuring the consistency and efficiency of its work, Morocco had undertaken a process of evaluation of its public policies undertaken since independence. That process had led to two plans of action. A plan on civil and political rights, which was related to institutional, legislative and operational reforms to close the case of grave human rights violations that had followed the recovery of Morocco’s independence, and to avoid such human rights violations in the future. A human rights advisory council had been established to follow up on that process. A second a plan of action on the promotion of social, cultural and economic rights had been applied through the National Initiative on Human Development – a genuine strategy for development based on the individual, to encourage job and income creation, to combat poverty and marginalization and to establish economic balance in the regions. In terms of the international sphere, Morocco had not been silent in the face of the precarious and untenable humanitarian situation of the thousands of Moroccans currently in camps in the Tindoof in Algeria. To promote their return to Morocco under favourable conditions, Morocco had proposed an initiative for the negotiation of an autonomous region of the Sahara, which incorporated international human rights norms and standards.

PAULO DE TARSO VANNUCHI, Minister and Special Secretary on Human Rights of Brazil, recalling Brazil’s success in its policies in the fight against hunger, poverty and extreme misery, noted that through programmes of economic growth with social inclusion, Brazil had been able to fulfill the first half of the eight Millennium Development Goals. Between 2003 and 2005, nearly 10 million Brazilians rose above the poverty line and seven million more moved beyond destitute situations. On the occasion of the 60th anniversary of the Universal Declaration of Human Rights, Brazil has advanced a far-reaching campaign for the promotion and protection of human rights. This past 25 January, the President of Brazil announced the beginning of a national programme to update the National Programme of Action on Human Rights. Moreover, Brazil was planning its eleventh National Conference Human Rights Conference in December this year and, in June, would be hosting a regional preparatory meeting for the Durban Review Conference. Additionally, the country was hosting the third World Congress on Confronting the Sexual Exploitation of Children and Adolescents, organized jointly by UNICEF and ECPAT [End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes], expected to bring together more than 130 countries.

Brazil believed that only the preservation and construction of a Council equipped with instruments that allowed it to effectively overcome selectivity and bias would allow it to move towards the full enjoyment of human rights. The Human Rights Council must live up to its commitment it reached in June 2007 when the institutional package was adopted. Brazil had committed itself to the building of the Universal Periodic Review mechanism and believed this mechanism was capable of overcoming selectivity and particularity. Brazil had always maintained that in each country a review should be carried out in a broad and inclusive process. A year ago Brazil had proposed the setting up of a voluntary human rights goals system within the framework of the observance of 60th anniversary of the Universal Declaration on Human Rights. This initiative was put forward by MERCOSUR with the understanding that the Council would provide greater visibility to human rights issues. Brazil appealed to all representatives present at the meeting to respect the situation in Haiti, in particular, which was the first country in the world to achieve a victorious slave rebellion leading to its independence. Despite progress achieved in the country, the people of Haiti were suffering from a lack of resources and a fragile State and therefore the international community must show more solidarity with Haiti.

KINGA GONCZ, Minister for Foreign Affairs of Hungary, said that 2008 would see the celebration of the sixtieth anniversary of the Universal Declaration of Human Rights and the fiftieth anniversary of the Office of the High Commissioner on Human Rights. That double anniversary provided the Council with the unique chance to look back and take stock of what had been accomplished since 1948. The Universal Declaration was full of idealism, but also provided a practical reminder to avoid repeating mistakes of the past. It was the first international recognition of the idea that every human being everywhere was entitled to their universal human rights and freedoms. Those principles were reaffirmed at the Vienna Conference in 1993, and later States reaffirmed their commitments to those principles during follow-up to the Millennium Summit in 2005. Indeed, the Universal Declaration had been at the root of the international human rights treaty system. Today, all States had ratified at least one of the nine core human rights treaties, and 80 per cent of States had ratified four or more of them.

The Universal Periodic Review had the potential to make an enormous impact on the promotion and protection of human rights. In implementing the Universal Periodic Review, the Universal Declaration was the source to turn to. For the Universal Declaration to become a lasting legacy, the Universal Periodic Review process had to be transparent, cooperative and efficient. In that connection, Hungary announced that in the course of its own review, it would not request that one of the troika reporters be from Hungary’s regional group, nor would it use its veto to one of the troika members, and it hoped other countries would do the same. Hungary supported and welcomed the consensus resolution on establishing a forum on minority issues. The forum was expected to provide a more elaborate space for dialogue and exchange of views among all stakeholder, including minority communities. Minorities were a source of inspiration and enrichment for the communities in which they lived. Hungary expressed its firm conviction that the forum would be results oriented and effective. Finally, Hungary wished to support the full and unfettered participation of non-governmental organizations in the work of the Council, in particular widening the participation of non-governmental organizations (NGO) in the Universal Periodic Review process. NGO participation would further enrich the dialogue in the Council, and bring it closer to those on the ground who they sought to help.

SAHANA PRADHAN, Minster of Foreign Affairs of Nepal, said on this Diamond Jubilee year of the Universal Declaration, it was befitting to pay rich tributes to the authors of the Declaration with a pledge to redouble national and international efforts to achieve those common standards of human rights, freedom and justice for all human beings without distinction of any kind, as to race color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Ms. Pradhan noted that Nepal firmly believed in the universality of human rights and considered all rights, civil and political, economic, social and cultural rights, including the right to development, as indivisible, interdependent, interrelated and mutually reinforcing. Nepal continued to work on promoting and protecting all human rights. The Human Rights Council had an essential role to play in strengthening the human rights of women and its resolution on integrating the human rights of women throughout the United Nations provided a crucial framework. Only the democratic path paved the way for a harmonious, just and fair society in a multi-racial, multi-lingual and multi religious setting like Nepal. The people of Nepal looked forward to April 10 as a great historic day when they would vote for the Constituent Assembly elections. In conclusion, Nepal reiterated its total commitment to promote and protect human rights and fundamental freedoms in the country.

MILAN ROCEN, Minister of Foreign Affairs of Montenegro, said that Montenegro was strongly committed to strive for the universality and indivisibility of human rights, civil and political, economic, social and cultural rights, including the right to development. As a state in the stabilization and association process with the European Union, Montenegro was following the views expressed by the European Union. The institution building process was fully supported and the Universal Periodic Review was seen as providing an important tool to address the human rights situation in all countries. Montenegro was a party to all major human rights treaties.

Mr. Roæen said that Montenegro was in the process of preparing several reports to submit to the human rights bodies. Also, Montenegro was proud to be recognized as a multi-ethnic country. It looked forward to the success of the Human Rights Council. The success of the Human Rights Council depended not only on its members, but on each and every UN Member State and every actor in the international community. Montenegro hoped that the Human Rights Council would continue to shape the modern system of human rights protection based on traditional values in the Universal Declaration of Human Rights shoes sixtieth anniversary was being celebrated this year.

IN-KOOK PARK, Deputy Minister for International Organisations and Global Issues of the Republic of Korea, said the Human Rights Council was now on the verge of bringing into operation a new creative instrument in the field of human rights – the Universal Periodic Review. The Universal Periodic Review was expected to serve as a valuable tool in overcoming the chronic criticism about the inter-governmental discussion on human rights, those of politicization, selectivity and double standards. The review should be a forum of fairness, transparency and inclusiveness that ensured reliable outcomes and follow-up. Special Procedures should remain a chariot of the Human Rights Council together with the Universal Periodic Review. The Code of Conduct for the Special Procedures mandate holders should aim at enhancing the effectiveness of the system of special procedures. With regard to thematic mandates, a standing invitation to all mandate holders was clear evidence of a government’s willingness to cooperate with and contribute to the strengthening of the Special Procedures system. With the expectation of an overwhelming participation of the international community, the Republic of Korea extended a standing invitation to all thematic Special Procedures mandate holders.

The Council should be equipped with the appropriate mechanisms to effectively respond to persistent and gross violations of human rights, he said. Country-specific resolutions were the mechanism designed to best serve this function, by urging the United Nations system and the country concerned to take appropriate actions. The Republic of Korea shared the view that the Council should seek ways to encourage cooperation by providing technical assistance and capacity building to help governments willing to improve their human rights records. The overall situation in Darfur, especially for women and children, continued to be a source of serious concern. Impunity, above all, was a priority to be urgently addressed. The international community should also continue to pay attention to the human rights situation in Myanmar. The Republic of Korea, underscoring human rights as a universal value, called upon the Democratic People’s Republic of Korea to take measures to address the international community’s concern that the human rights situation in that country had not improved. Ongoing conflicts and unmitigated violence in other regions also required the continued and unified engagement of the international community. The Government of the Republic of Korea greatly valued the work of the special sessions of the Council convened to tackle human rights situations in the regions.


Right of Reply

IDRISS JAZAIRY (Algeria), speaking in a right of reply referring to the statement by the Minister from Morocco which referred to the Sahrawi refugees seeking refuge in Tindouf, said this occupation constituted the worst forms of human rights violations. The human rights defenders in the territory would testify to that. These human rights violations were aggravated by Morocco’s refusal to abide by Article 1 of the Universal Declaration of Human Rights dealing with the right to self-determination.

MOHAMMED LOULICHKI (Morocco), speaking in right of reply, addressing the statement made by the Minster of Algeria, said those comments called for clarification. Since 1975, several thousand Moroccans had unfortunately lived in Tindouf refugee camps in southern Algeria. It was true that they had braved all kinds of dangers and were exposed to the worst dangers in efforts to cross the desert to go back home to Morocco. The fact of the recent return of about 100 persons showed that they were fleeing the worst kind of human rights situation. If not, they were surely gluttons for self-flagellation. For its part, Morocco had put forth a proposal for a peaceful, negotiated settlement to this dispute. If anyone read that text, they would note that it called for negotiations to find a mutually acceptable solution, with consultations of the people concerned. Self-determination could be expressed through a solution that satisfied the aspirations of the people concerned. That was what the proposal put forward by Morocco had done: it expressly called for the consultations to be undertaken with the people.

IDRISS JAZAIRY (Algeria), speaking in a second right of reply, said that if the thousands of Sahari were imprisoned as Morocco said, that would mean that the World Food Programme and the non-governmental organizations that went to the region were all accomplices of human rights violations; this was not credible. On the right to self determination, it was noted that it had been denied by Morocco. Algeria hoped that the Covenant was not treated as a dead letter by Morocco.

MOHAMMED LOULICHKI (Morocco), in a second right of reply, said the Ambassador of Algeria had been referring selectively and in a singular fashion to UNHCR’s report. Algeria claimed that humanitarian assistance had been extended to 200,000 persons, whereas UNHCR and WFP had determined that humanitarian assistance had been extended to 90,000. UNHCR and WFP had determined that figure quite exactly. Regarding those being held, their freedom of movement was curtailed, as they were policed by the FRENTE POLISARIO, who surrounded the refugee camps. In Morocco persons were free to go abroad and to return to Morocco without being deprived of their fundamental freedoms. The same applied to those, male and female, who had come to the Human Rights Council, and even insulted Morocco. Nevertheless, Morocco observed human rights and that was therefore permissible. One only had to look at the reports of the Working Group on Enforced Disappearances and of the Human Rights Council to see who was or was not enforcing human rights.

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For use of the information media; not an official record