Human Rights Council holds Interactive debate with the High Commissioner for Human Rights

4 March 2010

High Commissioner Presents Annual Report on the Activities of her Office

This morning the Human Rights Council heard a presentation by United Nations High Commissioner for Human Rights, Navi Pillay, of the annual report of the work of her Office. Following the presentation there was an interactive debate with the High Commissioner, during which speakers raised a range of issues, including measures to ensure a more equitable geographic distribution of the staff of her Office; the role and support of the High Commissioner in the context of the Council’s upcoming five-year review; developments in priority areas such as the elimination of discrimination and the right to development; and the work carried out by the Office in the field. This Council also adopted its Programme of Work for this session.

Introducing her report, Ms. Pillay said her Office had supported the Council in its wide and expansive range of activities, including its special sessions over the past year. The Special Procedures now benefited from the work of 55 mandate holders, including the new Independent Expert in the field of cultural rights. To maximize their contribution, States should ensure that those experts were enabled to work in full independence and latitude and that those who were in contact with Special Procedures were protected against reprisals. In 2009 her Office had carried out work on a number of priority areas, including countering discrimination; strengthening accountability, good governance and the rule of law; and promoting and realizing the right to development. Her Office had worked strenuously to ensure the successful outcome of the Review Conference against racism held in April 2009 in Geneva and had established an in-house Task Force to develop strategies to effectively implement the recommendations of both the Durban Declaration and Programme of Action and the Outcome Document of the review. During 2009, she had also enhanced the capacity and expertise on gender issues in four of her Office’s regional offices to integrate a gender-dimension into national policies and programmes.

Turning to activities in the field, the High Commissioner highlighted situations of concern and positive developments in a few outstanding cases, including in Sri Lanka, where the opportunity for peace and reconciliation continued to be marred by the treatment of journalists, human rights defenders and other critics of the Government, and in Iran, where there had been a violent crackdown on dissent, including the arbitrary arrest of demonstrators, human rights activists, journalists and prominent political figures. Positive notes included the global precedent set in October 2009 by the Heads of States of the African Union in reaching agreement on a regional treaty that sought to prevent the forced displacement of populations inside countries and to safeguard the rights of those who had been internally displaced.

In the ensuing interactive debate, speakers raised a range of issues such as the crucial role of Special Procedures and the need to eliminate discrimination. Several countries were concerned over the geographic imbalance in the staff of the High Commissioner’s Office, and the impact that had on its work. A speaker also said he had wanted to see more attention to the challenges the global economic and financial crises had placed to the achievement of human rights in 2009. In that context, many reiterated the need to further the right to development in a more globalized political economy. There were also varying positions put forward with regard to field offices of the High Commissioner. Some countries requested more field offices, as well as the reopening of certain regional offices; others said there had been a lack of consultation and a politicized approach to setting up certain regional offices. Some speakers also criticized what they saw as a lack of professionalism and the use of false allegations by the Office of the High Commissioner in dealing with their countries. Many expressed concern at the overly high proportion of voluntary contributions to fund human rights activities of the United Nations, which was detrimental to the independence of those mechanisms. They called for more resources to be allocated from the regular budget in particular for the High Commissioner’s Office.

Speaking this morning in the interactive debate were the representatives of Cuba, Nigeria on behalf of the African Group, Spain on behalf of the European Union, China, the United States, Pakistan on behalf of the Organization of the Islamic Conference, Egypt on behalf of the Non-Aligned Movement, the Russian Federation, Brazil, India, Egypt, France, Chile, the Philippines, Slovenia, Indonesia, Norway, Saudi Arabia, Bolivia, Sri Lanka, Algeria, Peru, Uzbekistan, Morocco, Canada, Belarus and Argentina.

The Council will resume its interactive debate with the High Commissioner this afternoon at 3 p.m., after which it will also hear presentations of further reports of the Office of the High Commissioner for Human Rights and the Secretary-General by the Deputy High Commissioner for Human Rights.

Documentation

Follow-up to the World Conference on Human Rights: report of the United Nations High Commissioner for Human Rights (A/HRC/13/26) provides an update on the activities of the High Commissioner and her Office in 2009, including an assessment of progress on specific thematic human rights issues; an overview of the work of the regional and country offices; and a report on the Durban Review Conference, including strategies to ensure implementation of its Outcome Document.

The report of the United Nations High Commissioner for Human Rights on the activities of her office in Guatemala (A/HRC/13/26/Add.1) and the report of the United Nations High Commissioner for Human Rights on the activities of her office in Bolivia (A/HRC/13/26/Add.2), are currently unavailable.

Presentation by the High Commissioner for Human Rights of her Office’s Report

NAVI PILLAY, United Nations High Commissioner for Human Rights, said her Office had supported the Council in its wide and expansive range of activities, including its special sessions over the past year. It was now imperative that States devoted their utmost effort to implement the Council’s recommendations and that it involve all relevant stakeholders to help them discharge that vital task. The Special Procedures now benefited from the work of 55 mandate holders, including the new Independent Expert in the field of cultural rights. To maximize their contribution, States should ensure that those experts were enabled to work in full independence and latitude. States should also ensure that those who were in contact with Special Procedures were protected against reprisals.

Ms. Pillay said countering discrimination, in particular racism and intolerance, as well as exclusion on the grounds of sex, disability, religion, against indigenous groups and national minorities, and against others who were marginalized, was one of her Office’s priorities. The Office of the United Nations High Commissioner for Human Rights (OHCHR) had worked strenuously to ensure the successful outcome of the Review Conference against racism that had been held in April 2009 in Geneva and, following the Durban Review Conference, she had established an in-house Task Force to develop strategies to effectively implement the recommendations of both the Durban Declaration and Programme of Action and the Outcome Document of the review. To improve implementation of indigenous peoples’ and minority rights, the Office had supported activities to enhance the visibility and impact of the pertinent Declarations, as well as other key standards. During 2009, she had also enhanced the capacity and expertise on gender issues in four of OHCHR's regional offices to integrate a gender-dimension into national policies and programmes. In 2009, her Office had also continued to play a lead role within the United Nations system to strengthen accountability, good governance and the rule of law, and had advocated a human rights approach to migration, including through its active participation in the Global Migration Group. Another key dimension of the work of her Office was the promotion and realization of the right to development. In that context, OHCHR had paid increasing attention to mainstreaming human rights in national poverty-reduction strategies and supporting the realization of the Millennium Development Goals.

Turning to activities in the field, since the last report to the Human Rights Council, new OHCHR field presences had been established, Ms. Pillay observed. The rapid response unit had provided support to fact-finding missions and commissions of inquiry in Gaza and Guinea, and to missions aimed at providing technical advice to the United Nations country teams in the aftermath of crises, such as those in Honduras, Madagascar and now in Haiti. The Office was also actively engaged with United Nations Country Teams, deploying additional human rights advisers. Outlining situations of concern and positive developments in a few outstanding cases, the High Commissioner noted that in Sri Lanka the opportunity for peace and reconciliation continued to be marred by the treatment of journalists, human rights defenders and other critics of the Government. She also remained deeply concerned by the deteriorating human rights situation in Iran, where there had been a violent crackdown on dissent, including the arbitrary arrest of demonstrators, human rights activists, journalists and prominent political figures. On a positive note, the announcement by the President of Mongolia of a formal moratorium on the death penalty was wholeheartedly welcomed, and she commended the leadership shown by several Member States on that issue in the Asia-Pacific region, to address the fact that more executions continued to take place there than in the rest of the world combined. Also highlighted was the global precedent set in October 2009 by the Heads of States of the African Union in reaching agreement on a regional treaty that sought to prevent the forced displacement of populations inside countries and to safeguard the rights of those who had been internally displaced.

Throughout 2009, the High Commissioner had met with representatives of Sudan, and Ms. Pillay expressed deep concern over death sentences and executions imposed and carried out in that country. A positive step in the peace process in Sudan had been last month’s Framework Agreement between the Government of Sudan and the Justice and Equality Movement (JEM), reached with the help of Qatar and Chad. Last month, in the Central African Republic, she had met with various government authorities and representatives of civil society, focusing on the critical place of human rights in the context of the peace process and upcoming elections. Earlier this week, she had called on the Egyptian Government to immediately order its security forces to stop using “lethal force” against unarmed migrants trying to enter Israel via the Sinai Desert. In October, when she opened the regional office in Brussels, she had raised issues of persisting concern, particularly combating discrimination against migrants and minorities, such as the Roma. While the European Union and some European Governments had sought to improve the situation of Roma, in many other countries, including Slovakia and the Czech Republic, their condition appeared to be deteriorating. Reports over the past year of a spate of attacks on Indian residents in Australia were also disturbing. She had also consistently voiced her concern regarding attacks against human rights defenders and her dismay at the impunity of their assailants. Those were subjects that she would continue to prioritize in the future and would also discuss in the course of her upcoming visit to the Russian Federation in May. In parts of Central Asia, freedom of expression and association continued to be severely curtailed and both Uzbekistan and Turkmenistan should also invite additional Special Procedures’ visits to their countries. Furthermore, the United States should now conduct thorough investigations into allegations of torture at the detention centres in Guantanamo Bay and Bagram, account for practices that might have contravened international law, and hold violators to account.

At the opening of this Council’s session, Ms. Pillay had mentioned her concern over the situation in Haiti in the aftermath of the earthquake. Despite the global effort to assist the population, essential services and essential means of subsistence had not yet reached a significant portion of the affected population. The lack of food, water, shelter, and medical assistance continued to jeopardize the lives and livelihoods of countless Haitians. She was particularly concerned about the most vulnerable people, including orphaned children and those separated from their parents. In partnership with the Government and supporting United Nations agencies, her Office was engaged to ensure that human rights were put at the centre of all humanitarian and reconstruction activities in Haiti. Indeed, all States and all stakeholders should join efforts in the vital task of responding to the expectations and needs of countless victims all over the world.

Interactive Dialogue with High Commissioner

RODOLFO REYES RODRIGUEZ (Cuba) was concerned at the slow progress in implementation of recommendations regarding the imbalance in the geographic composition of Office of the High Commissioner for Human Rights (OHCHR) staff. That tendency responded to political and ideological concerns. What emergency measures were being taken by OHCHR to remedy that geographical imbalance? Also, there was a lack of professionalism and the use of false allegations in dealings with Cuba. Cuba hoped to have an opportunity to debate OHCHR’s management plan during a special session of the body. There were so many victims of poverty and still money had been spent on operational costs. More of the resources needed to be spent in the field. Cuba confirmed its commitment to work so that OHCHR would be able to meet the need for cooperation in the area of human rights.

OSITADINMA ANAEDU (Nigeria), speaking on behalf of the African Group, commended the support of the Office of the United Nations High Commissioner for Human Rights (OHCHR) to the work of the Human Rights Council. The African Group was conscious of the value of Special Procedures and supported their immense contribution to the work of the Council. The Code of Conduct for Special Procedures was meant to enhance their independence within established rules and practices. It was incumbent on all to ensure that experts abided by that norm. The African Group recognized the increased workload of the Office. That might still increase as a result of recommendations from the Universal Periodic Review process, and the Group requested more funds for that. The African Group further appreciated the work of OHCHR on racism and discrimination. It asked OHCHR to take action to facilitate the outcome of the Durban Review and to encourage States to take action in that regard. The right to development was also among the Group’s major concerns, and it would pursue the realization of that right. The Group stood ready to collaborate with the United Nations for a commemoration of the twenty-fifth anniversary of the right to development. With regard to cooperation between OHCHR and the African Union Commission, the Group hoped that that framework would help reach human rights goals in the region. Africa was committed to work with all concerned to attain the promotion and protection of human rights.

JAVIER GARRIGUES (Spain), speaking on behalf of the European Union, strongly emphasized the importance that Special Procedures performed with independence the responsibilities assigned to them. Their role was essential to the work and credibility of the Council, since they had the ability to make human rights relevant to all victims, and played a crucial role in early warning. As the principal intergovernmental body in the field of human rights, the Council's role had to be enhanced. Innovative formats should be discussed and the Council’s toolbox should be expanded so it could promptly and effectively deal with emergency human rights situations. In terms of developments in strategic thematic areas, the European Union wished to express appreciation for the efforts carried out in combating discrimination on the basis of sex, disability, sexual orientation and gender identity or gender expression and work and descent, as well as discrimination against indigenous peoples, minorities and other marginalized groups. Also highlighted was the plight of migrants, one of the most critical human rights challenges, and the need for timely action in the face of deteriorating human rights situations. The European Union also attached great importance to tackling racism, racial discrimination, xenophobia and related intolerance.

HE YAFEI (China) expressed China’s support for the priorities of the Office of the High Commissioner for Human Rights regarding the combat against discrimination and impunity, the promotion of economic and social rights, the protection of human rights in conflict situations and the protection of the rights of migrants. China hoped the Office would further strengthen its cooperation and coordination with the Human Rights Council and that it would seriously listen to and adopt the views of the Council. The Office should also take serious efforts to ensure universalization and implementation of the Outcome Document of the Durban Review Conference. China asked how the Office would strengthen its guidance of the work of the Council with regard to the upcoming review. China hoped the Office would adopt the attitude of openness in discussing that issue, so as to maintain its credibility and neutrality. While the efforts the Office had made to correct the geographical imbalance of its staff were welcome, it still needed to pay more attention to the concerns expressed by developing countries. China said it would continue to cooperate with the Office on the basis of mutual respect and invited the Special Rapporteur on the right to food to visit China.

BETTY KING (United States) said the United States deeply appreciated the High Commissioner’s dedication to better implementing the rights enshrined in the Universal Declaration of Human Rights, as well as her commitment to promoting and protecting women’s rights. The report had mentioned cases of persons being killed after meeting with Special Procedures mandate holders. That was a deeply disturbing development. Turning to questions, the United States asked how the High Commissioner envisioned retaining her Office’s independence from the United Nations? Given the rise in arbitrary arrests seen last year, how did the Office envision protecting the fundamental freedoms involved and addressing their violation? The United States would also be interested to hear more about the Office’s role in matters related to sexual violence as a weapon of war, including progress being made in naming and deploying a team of experts to address that issue.

ZAMIR AKRAM (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said one fact that stood out from the report of the High Commissioner was the clear expansion of work both in terms of quality and quantity and, in that regard, the Organization of the Islamic Conference fully supported her call for additional budgetary allocations from the regular budget that would lessen her dependence on voluntary contributions or earmarked funding. That would allow the Office to function in a truly independent manner. The range of activities carried out by the Office in diverse and important fields such as women's rights, combating impunity, active participation in the Global Migration Group, servicing treaty bodies and Special Procedures, and providing technical assistance and training to Government officials, as well as support to the Council, were all reflective of the Office’s dedication. With regard to the independence and latitude of the Special Procedures, it was noted that their independence was not an absolute right. They did not have a status above the Council. Full respect for mandates and the Code of Conduct would not only improve mutual trust, but also raise the status of the Special Procedures. The Council should have an oversight role on the need and content of the Office's country engagements. Field presences should also be balanced and time bound. Finally, it was regretted that the High Commissioner's statement had made no reference to recent incidents of defamation of religions and discrimination based on religion.

HISHAM BADR (Egypt), speaking on behalf on the Non-Aligned Movement, emphasized the need to increase the proportion of the United Nations regular budget funding, as well as the need for an urgent increase in the proportion of un-earmarked contributions for the Office of the High Commissioner for Human Rights. The Non-Aligned Movement took note of the six priority areas of activity presented by the High Commissioner and reaffirmed that the work of her Office should be guided by the Strategic Framework adopted by the General Assembly, as well as by the resolutions adopted by the Council. The efforts of the High Commissioner and her Office in the implementation of the outcome document of the Durban Review Conference were commended. Like the High Commissioner, the Non-Aligned Movement regretted that the resolution on the right to development had been adopted by a vote, and called on all countries and regional groups to join in pushing forward in the direction of the full and effective realization of the right to development. The Non-Aligned Movement would appreciate hearing more from the High Commissioner on the strengthening of the support for mainstreaming human rights into the country level work of United Nations partners. The Non-Aligned Movement remained committed to strengthening the credibility of the Council and to broadening its agenda, while achieving more balance between all categories of human rights.

VALERY LOSHCHININ (Russian Federation) said the Russian Federation was generally satisfied with the work of the High Commissioner’s Office in 2009, and underscored that it was crucial to ensure appropriate financing for that Office. However, there were still shortcomings, including politicized approaches, a lack of transparency and a lack of geographic balance in staff. The Russian Federation called on the High Commissioner to remedy those insufficiencies. The Office should react to cases of human rights violations. It should be unbiased and take account of the opinions of all interested parties. The main goal was to improve human rights situations in the field. For its part, Russia was pursuing its judicial reform. It had had a generally positive evaluation of its cooperation with the High Commissioner’s Office. The Russian Federation wished the Office and the High Commissioner all success and looked forward to welcoming her in Russia.

MARIA NAZARETH FARANI AZEVEDO (Brazil) congratulated the High Commissioner and her Office on the work done over the past year, a year of significant challenges and accomplishments. The visit had been marked by a deep sense of professionalism and mutual respect, and most importantly by a shared responsibility and desire to improve the situation on the ground, and it had resulted in a Memorandum of Intent aimed at establishing relationships aiming to improve the situation of human rights. The role played by the High Commissioner and her Office in the Durban Review Conference was also commended. That was a victory for dialogue. The priority given to migrants was welcome, and the issue should be mainstreamed in relevant forums, such as the International Organization for Migration. With regard to the Universal Periodic Review, more than half the United Nations membership had now been examined in a truly universal manner, and the Office had played a key role in that process, as well as in the regular and special sessions of the Council held over the past 12 months, in particular during the Special Session on Haiti. The field presence of the Office, in coordination with local Governments and communities, was also central in assessing the situation and preparing the ground for cooperation and improvement. The support of the High Commissioner would be essential in reviewing the Council's work and functioning, and that review should take place in an all-inclusive, transparent, and pragmatic manner, with the aim of making changes where necessary. The improvement of the situation on the ground depended on the Council's capacity to engage local Government and communities and provide aid and cooperation.

GOPINATHAN ACHAMKULANGARE (India) appreciated the acknowledgement in the High Commissioner’s report that the food and global economic and financial crises were among the most serious human rights challenges in 2009, but had wanted to see more attention to those challenges in the report. India reiterated that the Special Procedures continued to strive to produce work of high quality that built on the work of their predecessors, was not repetitive and addressed the core of their mandate. India thanked the High Commissioner for the briefing on the priorities for the biennium 2010-2011 and, while acknowledging that the oversight of her Office remained with the General Assembly, there was a case for enhancing the consultations with the Council at least on the thematic component of the document. India urged the High Commissioner to update the Council on the issue of the composition of the staff of her Office and requested the High Commissioner to provide more information about the Office’s plans to step up efforts on the issues of gender equality and women’s rights.

HISHAM BADR (Egypt) referred to comments by the High Commissioner on illegal killings of those crossing over to Israel through Egypt’s borders. Egypt’s officers had used such force in self-defence and when their lives had been threatened. The border with Israel was no ordinary one – it was a sensitive one, due to the work of armed groups. Terrorist groups had also infiltrated it. Many crossing attempts had involved the exchange of fire. Egypt hoped that, in future, the Office would offer more accurate information and better advice on that issue.

JEAN-BAPTISTE MATTEI (France) said France attached great importance to the independence of the High Commissioner and the reinforcement of the capacity of her Office. The field presences of the Office were valuable, in particular to assist countries emerging from crisis and conflict to reconstruct a State based on the rule of law and the respect for human rights. The human rights situations in Nepal and Colombia required close watching, as well as technical assistance and the reopening of country offices. An office should be opened in Guinea as well. All issues raised in the report required the attention of the Council. The international community had to cooperate effectively to contribute to implementing the right to development. No one would contest that development made a contribution to the enjoyment of human rights, and an insufficient level of development could not be an excuse to restrict any of the key human rights. On the Universal Periodic Review, that had already allowed the Council to examine the situation of human rights in more than half the Member States. However, although that innovative mechanism was a promising tool, it could be improved. France shared the High Commissioner’s desire to see States fully cooperating with the Special Procedures, and stressed that that cooperation should flow both ways.

CARLOS PORTALES (Chile) said that the Universal Periodic Review – which had shown that there was no country free from human rights problems – was the most important innovation of the Human Rights Council. Chile fully agreed with the priority placed in the High Commissioner’s report on combating discrimination, particularly racism, racial discrimination, xenophobia and related forms of intolerance, discrimination on the basis of sex, against indigenous peoples and migrants. Chile supported the intention of the Office of the United Nations High Commissioner for Human Rights to organize panels on the issue of gender mainstreaming in the work on the United Nations, and said discussions on maternal mortality and inequality before the law were necessary. Chile reiterated its conviction regarding the fundamental role of the High Commissioner and her Office in the promotion and protection of human rights.

EVAN P. GARCIA (Philippines) observed that the relationship of the Council and the Office of the United Nations High Commissioner for Human Rights (OHCHR) should be based on mutual trust, mutual cooperation and communication. The Philippines hoped for an improvement in equitable geographic distribution within OHCHR. Given limited funding, there was a need to balance competing priorities nationally and internationally. The Philippines supported more funding for OHCHR that was earmarked for work towards fulfilling the Millennium Development Goals. The right to development had to be furthered in a more globalized political economy. Protecting human rights in the context of migration was also one of the priorities of OHCHR that the Philippines shared, as migrants continued to face severe human rights violations all over the world. In that connection, the Philippines asked what the Office’s plans were with regard to promoting the universalization of the International Convention on the Protection of All Migrant Workers and Members of Their Families?

ANDREJ LOGAR (Slovenia) said it fully supported the High Commissioner’s Office in its endeavours to strengthen the mechanism of Special Procedures. The Special Procedures complemented and added value to other international human rights mechanisms, particularly the human rights treaty bodies, and also had a vital and important role in engaging in and contributing to the Universal Periodic Review. All countries should cooperate with mandate holders and assist them in performing their tasks. The number of States maintaining a standing invitation was increasing, but others should issue such an invitation and implement their recommendations accordingly. More systematic measures also had to be taken to stimulate cross-regional initiatives. New momentum for action on women's rights had been created in 2009. The report paid special attention to promoting the ratification of the International Convention on the Protection of the Rights of All Migrant Workers. Slovenia had not ratified that Convention, but most of the rights of migrant workers and their family members were already guaranteed in Slovenia. The economic and financial crisis had led to many violations of economic, social and cultural rights, as well as civil and political rights; in that context, the international community had to ensure that all States protected and respected the rights of human rights defenders, and enabled them to freely and fully exercise their rights.

DIAN TRIANSYAH DJANI (Indonesia) said that over the past years the international community had faced ongoing human rights challenges. The recent global economic and financial crises had had a detrimental impact on the enjoyment of human rights. Climate change and the right to development were important strategic priorities for Indonesia and it was regrettable that consensus had not been achieved on the resolution on the right to development last session. Countering discrimination remained a matter of great importance for Indonesia and more should also be done to counter defamation of religion globally. Indonesia fully shared the High Commissioner’s concerns about the protection of human rights of all migrants and the need for serious efforts to be undertaken in that regard. In that regard, Indonesia had been pleased to learn the Office of the High Commissioner for Human Rights would assume the chair of the Global Migration Group this year and looked forward to seeing further progress on migrant protection worldwide. The Council should explore more effective ways in which to follow up on the Universal Periodic Review recommendations. Indonesia asked the High Commissioner about her views regarding the modalities for enhancing cooperation, technical assistance and capacity building for States under the review.

BENTE ANGELL-HANSEN (Norway) thanked the High Commissioner for her annual report; victims of human rights abuses needed a strong and independent voice to speak on their behalf. Norway was impressed by the work of OHCHR in Nepal. It also welcomed the High Commissioner’s leadership in the fight against discrimination. On women’s rights and gender, what did the High Commissioner see as the greatest challenges? Turning to the Universal Periodic Review, the real test for the success of that mechanism was in follow up on the recommendations. States under review and other stakeholders had to speed up their implementation of recommendations. The Review was a unique tool to mainstream human rights in the United Nations work. On the Office’s efforts in geographical balance, how would the High Commissioner ensure that that did not happen at the cost of countries that had not been represented or which were underrepresented?

ABDULWAHAB ABDULSALAM ATTAR (Saudi Arabia) said it had read the report of the High Commissioner for Human Rights on the work of her Office over the past year with interest. The report had showed a spirit of transparency and cooperation, through extensive information on the various initiatives and plans implemented by the Office, taking into account the various views and opinions shown in the various mechanisms, including the Council. Saudi Arabia supported the efforts made by the High Commissioner, and understood that she needed more funding for the work of the Office, in particular for the Special Procedures and treaty bodies, and supported the call to enhance her budget. The report had addressed a number of important issues, including the right to development. Saudi Arabia supported all efforts on enhancing those rights, and wished for the right to development to be recognized as one of the fundamental pillars of the human rights system. All efforts were worthy of praise, but discrimination on the basis of faith and religion should receive equal attention from the Office, in particular attacks on Muslims and the Muslim faith.

MAYSA URENA MENACHO (Bolivia) recognized the work of the Office of the High Commissioner for Human Rights in Bolivia, which had contributed to the promotion of human rights at this crucial stage in the construction of the new Bolivia. Bolivia shared the concerns of the High Commissioner regarding different forms of discrimination that still existed in many parts of the world, including Bolivia. That was why the Bolivian Government had implemented national campaigns against racism and discrimination. Bolivia confirmed that the right to food was a human right and, even though independent from other human rights, it was related to the right to development. If all countries could enjoy the same conditions for development, they would not have to suffer a food crisis again. They needed to overcome injustices of capitalism and the aftermath of colonization.

MOHAN PEIRIS (Sri Lanka) welcomed the statement made by the High Commissioner and would consider matters set out in her report and their implications for the promotion and protection of human rights in Sri Lanka. Sri Lanka acknowledged the keen interest of the High Commissioner in Sri Lanka. Sri Lanka also yearned to enjoy the dividends of peace. Sri Lanka had seized upon the opportunity for peace and reconciliation by the implementation of meaningful mechanisms, and pledged to pursue those mechanisms with hope and enthusiasm. The ultimate aim was to create a Sri Lankan identity that nurtured unity in diversity. The Government had already put in place a review mechanism for the early release of detainees. The Government’s philosophy was restorative and not retributive. Sri Lanka had also expressed its firm resolve not to countenance or tolerate acts of violence or intimidation against journalists and human rights defenders. That necessarily involved taking adequate measures to investigate and punish perpetrators of any violence against those persons. That being said, it was observed that the very amorphous nomenclature of “human rights defender” was used very loosely to encompass just about every form of activity however distantly associated with the sphere of human rights promotion and protection. Sri Lanka had to discourage persons representing themselves as such and making assertions for collateral purposes of political gain and causing embarrassment to the Government in pursuit of extraneous agendas in the name of human rights. The rule of law had been the cornerstone of Sri Lanka’s anti-terrorist activities for decades. It wished for nothing more than peace, prosperity and the ability to live in dignity in a united land that all people could consider their own.

IDRISS JAZAIRY (Algeria) said independence was essential for the work of the Special Procedures, but it did not dispense them from compliance with their mandates and the Code of Conduct, the prime objective of which was to enhance their status and moral objectivity. The issue of financing of the Special Procedures, but also of the entirety of the mechanisms and activities of the Council, raised some fundamental issues, including the overly high proportion of voluntary contributions vis-à-vis resources from the regular budget for human rights activities. That was detrimental to the independence of mechanisms. With regard to the opening of regional offices, what measures had been taken by the Office to implement paragraph 95 of resolution 64/243 of the General Assembly, which called for in-depth consultations with the countries concerned before such offices were opened? Regarding the mainstreaming of human rights in the United Nations system, Algeria wondered if the Office could play a role in coordinating that process, through the creation of a standing inter-agency task force on human rights, which it could head.

CARLOS CHOCANO (Peru) agreed with the High Commissioner’s view that the Council should strengthen its existing mechanisms to be able to effectively and efficiently respond to human rights violations and challenges. The value added of the Universal Periodic Review was the open-mindedness of members. Peru welcomed the announcement concerning the creation of the support and follow-up mechanism in the Office of the High Commissioner for Human Rights for the Universal Periodic Review. Peru highlighted the work of Special Procedures. States had to guarantee their independence and had to cooperate with the mandate-holders if those mechanisms were to be effective. Peru noted the role of the Group on Migration and said it would be a valuable opportunity to promote the rights of migrants, which was particularly important in the current, rather hostile context.

AKMAL SAIDOV (Uzbekistan) said Uzbekistan supported the joint declaration made on behalf of the Organization of the Islamic Conference. On the Office of the United Nations High Commissioner for Human Rights (OHCHR) regional office in Central Asia, which was in Bishkek (Kyrgyzstan), Uzbekistan pointed out that it had been in favour of dialogue and transparency. However, it had been excluded from talks on setting up of that office. It could therefore not recognize the legitimacy of that office and its activities. The High Commissioner’s comments in the context of that office and the work of Special Procedures of the Council could not be qualified as other than a selective and politicized approach and forcing a State to accomplish activities of a voluntary nature. Uzbekistan wished to welcome the new approach of broad, informal consultations on the third Strategic Management Plan. However, those had to be discussed formally in the Council in a balanced and transparent way.

OMAR HILALE (Morocco) said the review process of the Council should be carried out in respect of the institution-building package and based on a spirit of cooperation and transparency. The Office of the United Nations High Commissioner for Human Rights (OHCHR) was currently creating an additional mechanism, financed by the Voluntary Fund for the Universal Periodic Review, and that should be better known, and made systematically available to countries in respect to their needs. OHCHR had made goals to promote the ratification of the Convention on the Rights of All Migrant Workers. The right to development was also a priority of the Office, showing a sincere commitment to effectively implement that right. That objective could only be attained through an in-depth dialogue with all stakeholders, ideally tending towards the creation of an international instrument. Morocco further advocated sustained efforts to help African countries, in a context of multidimensional world crises, to implement and achieve the Millennium Development Goals. All donors should also make available additional funds to fully implement the Durban Declaration and Programme of Action.

ALISON LECLAIRE CHRISTIE (Canada) welcomed the priority given by the High Commissioner to combating impunity and discrimination and to reinforcing responsibility, primacy of law and democratic societies. Independent and specialized support provided by the Office of the High Commissioner for Human Rights to the international bodies was essential for the efficacy of those mechanisms and constituted one of the basic functions of the Office. Canada urged States to accept requests for visits by Special Procedures mandate-holders and to accept their recommendations. It welcomed the progress that Nepal had made in its transition and recognized the important role that the High Commissioner’s Office had played in that process. Canada was monitoring the human rights situation in Sri Lanka and urged the Government to ensure respect for freedom of expression, as well as protection of journalists and human rights defenders. Canada was also gravely concerned at the harsh crackdown by Iran on peaceful protestors. Canada encouraged the High Commissioner in her efforts to mainstream human rights into all United Nations activities, including United Nations peace missions and development work.

NAVI PILLAY, United Nations High Commissioner for Human Rights, said she appreciated the questions, comments and words of support. Her Office was taking good note of all the suggestions made today. She had appreciated country situation responses; it was most encouraging that countries were investigating situations and had taken action on protection of human rights defenders or protection of migrants and investigations into allegations of killings. Regarding comments that misinformation was being spread by her Office, if that was the case, her Office stood ready to assist them in that regard and to send a team into the situation they described and so that they could make an assessment of the human rights situation. It was to the benefit of all that the correct facts were being put out there.

On the Human Rights Council review, there were two distinct components of the review, one on the status and another on the working methods. That provided clear roles for both the General Assembly and the Council in the review process. The General Assembly should focus its attention on the status of the Council, and whether it should be upgraded to a principal organ under the Charter. The aim of their efforts should be to ensure that decisions or resolutions on new mandates and mechanisms were considered urgently by the General Assembly to provide a sound legal and financial basis for the Council. States had to reflect on lessons learned to improve human rights situations and do so in a constructive and pragmatic manner, by including civil society and other stakeholders. Her Office was fully committed to supporting the formal and informal review process, to providing analysis and background information and to elaborating on new ideas. It was important to ensure that the Council was equipped with the tools and mechanisms to address chronic human rights violations on the ground, and Ms. Pillay urged the Council to pay attention to those situations.

Ms. Pillay noted that responsibility for implementation of Universal Periodic Review recommendations rested with the State under review, with international support. Several States had begun implementing recommendations. For its part, her Office had started mainstreaming the Universal Periodic Review’s recommendations into its overall programmes and activities at headquarters, regional and country levels. There was widespread agreement that offices should be bolstered to follow up on all human rights mechanisms including the Review. Implementation and follow up would be key in the next cycle. On Special Procedures, she was pleased with many positive responses and that the number of standing invitations by States had increased in 2009, to 66 – with Albania, Chile and Kazakhstan issuing standing invitations. Mandate holders had taken the Code of Conduct very seriously in their daily work, to ensure ongoing dialogue with Council and Members. The tools available to handle any allegations of breaches of the Code of Conduct were quite sufficient in her opinion to address any complaints. Her Office also took the Code of Conduct very seriously and worked with Special Procedures on complying with the Code. She underscored that the Special Procedures were a very important tool that States had created themselves to advance the protection and promotion of human rights. Regarding the relationship of the Office of the United Nations High Commissioner for Human Rights and the Council, she said that they could and should work closely work together for human rights. Many positive examples of their cooperation had already been witnessed, including the setting up of panel discussions during Human Rights Council sessions. An atmosphere of trust was now shaping up and information sharing was now the rule and not the exception. Her Office wanted to be as accessible as possible and was willing to brief States on its work. Finally, it was pleasing to see the focus that the topic of treaty bodies had received this morning. She had addressed firsthand each of the treaty bodies and knew the challenges and workload that they faced. There had been an entry into force of new treaties, and soon there would be an increase in the number of treaty bodies to 10, with the entry into force of the Convention for the Protection of All Persons from Enforced Disappearance.

ANDREI TARANDA (Belarus) noted the positive changes made in the work of the Office of the High Commissioner for Human Rights since the arrival of Ms. Pillay, with a more operational and transparent focus, and this opportunity to brief Member States was welcome. Last year a delegation from the Office had visited Belarus for the first time. That was a good foundation for further cooperation. Belarus reaffirmed that it was prepared to work together to provide specific follow-up for the visit. Belarus had, however, remarked worrying trends in the work of the Office, and there were several cases where the Office had ignored official communications from States, not answering them or answering them after long delays. The High Commissioner should be personally involved in ensuring that that was remedied. Also, no real progress had been made in the representation of countries from Eastern Europe among the staff. The issue of the trafficking of human beings did not feature in the report of the High Commissioner, and that was a global challenge for all humanity, requiring a coordinated response. The Office should play a greater role in combating the global slave trade, and the High Commissioner should consider strengthening the anti-trafficking measures of her Office.

ALBERTO J. DUMONT (Argentina) highlighted the importance of combating impunity and the need to ensure accountability and the primacy of law. That was why Argentina was carrying out with Switzerland a series of forums for prevention of genocide. Since the right to truth was one of the pillars in that battle, Argentina attached particular importance to it and invited all States to participate in the event it was organizing during the current session of the Council. Argentina was also committed to the abolition of the death penalty and highlighted the active role played by the civil society in that fight. It was of a great importance to deal with human rights situations on the country level and, in that regard, special sessions dealing with the country situations were particularly important. Argentina was pleased to note that discussions in connection with the upcoming review of the Council were already taking place and members were exchanging views with the view to reaching an agreement. During the course of this year Argentina would be fulfilling its international human rights commitments by presenting reports to the Committee on the Rights of the Child and other treaty bodies, which was illustrative of Argentina’s commitments to human rights and to this body.

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For use of the information media; not an official record