LATIN AMERICAN COUNTRIES CHALLENGE LEGITIMACY OF THE HONDURAN DELEGATION AT THE HUMAN RIGHTS COUNCIL, ASK FOR COUNCIL TO SUSPEND ITS SESSION

Human Rights Council
AFTERNOON

14 September 2009



Council Holds Informal Meeting to Determine Order of Review of States and Troikas for Upcoming Universal Periodic Review Sessions

Latin American countries this afternoon challenged the legitimacy of the Honduran delegation at the Human Rights Council, saying that it did not represent the constitutional Honduran Government of President Zelaya and therefore should not be allowed to attend the session. They asked the Council to suspend its session until the matter was resolved.

Brazil, joined by Argentina, Mexico, speaking for the Group of Latin American and Caribbean States, and Cuba, asked for confirmation that the delegation of Honduras, present in the meeting, represented the constitutional and legal Government of President Zelaya. Brazil called the attention of the Council to the resolution passed by the Organization of American States in July, which called upon organizations not to recognize Governments other than that of President Zelaya. Argentina also observed that the subject had also been addressed in the United Nations, with the General Assembly in resolution 63/301 condemning the coup d'état in similar terms. Mexico, speaking on behalf of the Group of Latin American and Caribbean States, said that Latin America had fought to consolidate democracy in the region and was not willing to commit any people to undergo undemocratic changes. Moreover, the representatives of Honduras did not represent the Government of President Zelaya, as the Foreign Minister of Honduras had sent a communication to the Secretary-General of the United Nations informing him that the currently accredited ambassador to Geneva had been dismissed. Cuba said the Secretariat should not allow the participation of any representative of Honduras with accredited documents signed by the constitutional Government of President Zelaya.

Ambassador Alex Van Meeuwen of Belgium, the President of the Human Rights Council, said he had asked the Secretariat and the Legal Office in Geneva to review and give an opinion on the issue.

The Council then held an informal meeting to draw lots to determine the order of review of States to be considered at the seventh, eighth and ninth sessions of the Universal Periodic Review Working Group and to select the troikas for the sixth, seventh and eighth Universal Periodic Review Working Group sessions. Decisions taken today informally will be confirmed and adopted at a later date and the lists of countries and troikas will be available on the website of the Office of the High Commissioner for Human Rights under: http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx

The President of the Council, at the end of the informal meeting, said the Council will reconvene at 10 a.m. on Tuesday, 15 September when it is scheduled to hear an update by the High Commissioner for Human Rights, Navi Pillay, to be followed by a general debate.


Statements

MARIA NAZARETH FARANI AZEVEDO (Brazil) said that Brazil would like to have a confirmation that the delegation of Honduras, present in the meeting, represented the constitutional and legal Government of President Zelaya, which was the only Government that Brazil recognised. Brazil also reiterated General Assembly resolution which condemned the coup d'état in Honduras, and called upon States to recognise no Governments other than that of the Constitutional President, namely President Zelaya. Brazil also called the attention of the Council to the resolution passed by the Organization of American States in July which called upon organizations not to recognise other Governments. Brazil did not recognise the participation of the delegation of Honduras in this meeting or others, as it did not represent the Government of President Zelaya.

ALBERTO J. DUMONT (Argentina) said the Government of Argentina had clearly expressed its rejection of the coup d'état against the constitutional order in Honduras and for that reason it had called on many occasions for the restoration of the elected Government of President Zelaya. That was of great importance for the Council, as it could not recognize a Government that was put in place by force and the violation of human rights law. As had been said by Brazil, there had been a series of statements on this subject by the Latin American Group. The subject had also been addressed in the United Nations, and General Assembly resolution 63/301 condemned the coup d'état in similar terms. Argentina requested, as Brazil had done, that it be ensured that the delegation of Honduras represented the properly elected Government.

JUAN JOSE IGNACIO GOMEZ CAMACHO (Mexico), speaking on behalf of the Group of Latin American and Caribbean Countries (GRULAC), said that Latin America had seen illegal violations of constitutional order in one of its member countries. Latin America had fought to consolidate democracy in the region and was not willing to commit any people to undergo undemocratic changes. That was the reason for which the Rio Group decided to suspend Honduras from the regional organizations in accordance with the Inter-American Democratic Charter. The General Assembly of the United Nations had called for recognition of the Government of President Zelaya. The delegation of Honduras did not represent the Government of President Zelaya, as the Foreign Minister of Honduras had sent a communication to the Secretary-General of the United Nations informing him that the currently accredited ambassador to Geneva had been dismissed. Mexico wanted the Secretariat to confirm the existence of this communication. If it existed, then the discussion was concluded as it meant that the present representative of Honduras could not represent the constitutional Government. Therefore, the session of the Council had to be suspended and the present delegation of Honduras could not participate.

RODOLFO REYES RODRIGUEZ (Cuba) said from the substantive point of view, Mexico had clearly stated on behalf of the Group of Latin America and Caribbean Countries, and supported by Argentina and Brazil, the elements of the position. There were genuinely authentic documents presented by the authentic authorities of Honduras which dismissed the representative currently here in Geneva. The speaker had the highest opinion of the Ambassador, his work and conduct, but this was an inter-Governmental body of Member States or Observers representing States with legitimately constituted Governments, and in Honduras there could only be on legitimate Government, one recognised by the international community, and this was that headed by President Zelaya. The Foreign Minister nominated by that President had signed documents saying that he did not recognise the authority of any representative here in Geneva. This should apply to any representative of the current mission in any meeting here in Geneva. They should only be allowed to represent Honduras at the meetings should they have documents accrediting them signed by the President or the Foreign Minister of the Zelaya Government. The Secretariat should not allow the participation of any representative of Honduras without such documents. No representative present was authorised to speak for Honduras, as no such documents had been seen or submitted. These problems needed to be resolved. The proposal that the session be suspended until the problem had been clarified, as submitted by Mexico on behalf of GRULAC, was supported.
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