Human Rights Council concludes General Debate on Right to Development, Optional Protocol on Children's Rights and Thematic Reports

Human Rights Council
AFTERNOON 16 September 2010

The Human Rights Council this afternoon held a general debate on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, and thematic reports presented by the Secretary-General and the High Commissioner for Human Rights and her Office.

Regarding the right to development, during the general debate speakers said that it was disturbing to note that nearly 25 years after the adoption of the Declaration on the Right to Development, not much had been achieved in making this important right a reality. The international community should seize the opportunity of the forthcoming twenty-fifth anniversary to garner the needed good will and put an end to the seemingly unending politics around the plight of the poor around the world. Another delegation noted that the right to development was a complicated one, since it included rights and obligations at various levels, and thus closer partnerships between Member States, international organizations, non-governmental organizations, civil society and private sector were important in this context. Economic, social and cultural rights, including the right to development, should be protected and promoted on an equal basis with civil and political rights; political rights without a matching reduction in poverty and improved quality of life were meaningless.

Numerous speakers also addressed the thematic reports of the Secretary-General and the High Commissioner for Human Rights and her Office, saying, among other things, that concerning forensic genetics and the right to the truth, the report showed that the use of this technology might be extremely useful in the context of the right to the truth, and the relationship between the scientific and legal world contributed to the enhancing of human rights. Speakers also addressed the thematic report on discrimination against women, saying that the report presented to the Council was evidence that despite all the progress achieved, women all over the world suffered from discrimination in law and in practice and this discrimination was often deeply rooted in social and cultural norms. Numerous speakers also commented on the report dealing with the death penalty, noting that the right to life was the most fundamental of all human rights and the death penalty was in their view wholly inconsistent with these principles.

Regarding the protection of children in the context of migration, it was noted that the international community had to find positive, humanitarian and urgent solutions to the migration phenomenon. The study rightly focused on the protection of the most exposed migrants: migrant children. Whatever their legal status was, it was important that children were treated in a humane and fair manner within a legal framework that protected their human rights. Concerning children and armed conflict, speakers said that children were being deliberately recruited as combatants, thanks to the proliferation of light weapons due to the international arms trade. Armed conflict, coupled with the rapid social changes which often preceded or accompanied war, led to a breakdown in the family support systems so essential to a child's survival and development. Other forms of protection also slipped away, particularly Government and community support systems. Children were affected by warfare in many ways, but one of the most alarming trends was their participation as soldiers. The international community should do all it could to prevent the outbreak of fighting by addressing the socio-economic roots of conflict and banning arms shipments to conflict zones. In the meantime, everything must be done to protect children caught in armed struggles.

Speaking in the general debate were Nigeria, Belgium on behalf of the European Union, Egypt, on behalf of the Non-Aligned Movement, Costa Rica, Syria, Brazil, Pakistan, Norway, Russian Federation, China, Mexico, Cuba, Thailand, Argentina, Pakistan on behalf of the Organization of the Islamic Conference, Spain, Chile, Hungary, Maldives, Guatemala, Belgium, Ecuador, Moldova, Switzerland, Burkina Faso, Djibouti, United States, Bangladesh, Libya, Algeria, Egypt, Iran, Honduras, Costa Rica on behalf of the Platform for Human Rights Education and Training, Morocco, Philippines, Slovenia, Rwanda, African Union, Indonesia, Nepal, Organisation Internationale de la Francophonie, Armenia, Iraq, Uzbekistan and Australia.

The following non-governmental organizations also took the floor: European Group of National Human Rights Institutions, Soka Gakkai International, Conectas Direitos Humanos, the Asian Forum for Human Rights and Development, BADIL Resource Centre for Palestinian Residency and Refugee Rights, the World Muslim Congress, the International Islamic Federation of Student Organizations, the Indian Council of South America, the International Movement Against All Forms of Discrimination and Racism, the International Club for Peace Research, the European Union of Public Relations, the International Institute for Peace, Commission to Study the Organization of Peace, the Permanent Assembly for Human Rights, Liberation, the Organization for Defending Victims of Violence, the Charitable Institute for Protecting Social Victims, the Mbororo Social and Cultural Development Association of Cameroon, Action Internationale pour la Paix et le Developpement dans la Région des Grand Lacs, Comité Internationale pour le Respect et l’Application de la Charte Africaine des Droits de l’Homme et des Peuples, International Educational Development Inc., the Society for Threatened Peoples, the Asian Legal Resource Centre, Freedom House, International Humanist and Ethical Union, Amnesty International, the Organisation pour la Communication en Afrique et de Promotion de la Coopération Economique Internationale, United Nations Watch, Rencontre Africaine pour la défense des droits de l’homme, Agence des Cités Unies pour la Coopération Nord-Sud, Afro-Asian People's Solidarity Organization, Organisation mondiale des associations pour l’éducation prénatale (OMAEP), the Colombian Commission of Jurists, Centrist Democratic International and Union de l’action Feminine.

Speaking in right of reply were Azerbaijan, Libya and Armenia.

The next meeting of the Council will be at 10 a.m. on Friday, 17 September, when the Council is scheduled to conduct an interactive dialogue with the Independent Expert on Sudan followed by a general debate on item 4 pertaining to human rights situations that require the Council’s attention.

General Debate
BEATRICE IKEKU-THOMAS (Nigeria), speaking on behalf of the African Group, said as a group of countries from the developing world, the African Group had remained resolute in its support for all efforts geared towards the effective implementation of the right to development, as this right was an inalienable human right by virtue of which every human person and all peoples were entitled to participate in, contribute to, and enjoy economic, social, cultural and political development. It was only through putting into reality this principle that millions of poverty-stricken persons across the globe would feel that they belonged to today's world of enormous affluence. It was disturbing to note that nearly 25 years after the adoption of the Declaration on the Right to Development, not much had been achieved in putting to reality this important right. The international community should seize the opportunity of the forthcoming twenty-fifth anniversary to garner the needed good will and put to an end the seemingly unending politics around the plight of the poor around the world. The African Group remained resolute in the conviction that there was a nexus between the level of development and the full realization of human rights. The criteria and sub-criteria presented for the implementation of the right to development had a glaring omission: the aspect of international cooperation.

ALEX VAN MEEUWEN (Belgium), speaking on behalf of the European Union, said that the European Union was founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and the universality and indivisibility of human rights, including the rights of persons belonging to minorities. These values were common to all Member States in societies in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between men and women prevailed. However, the European Union remained concerned about the notion of so-called “universally recognized human rights”, which limited the universal scope of all human rights. Furthermore, the European Union held a principled position against the death penalty, considering it to be a form of cruel and inhuman treatment denying human dignity and integrity. The European Union was fully committed to the fight against discrimination, racism, xenophobia and religious intolerance and would continue to build on the central importance of the individual’s freedom of expression and opinion. The European Union was also committed to combating discrimination against women as well as defending the rights of all children, in addition to the rights of lesbian, gay, bisexual and trans-gendered individuals.

MAHMOUD AFIFI (Egypt), speaking on behalf of the Non-Aligned Movement, said that as they were approaching the twenty-fifth anniversary of the Declaration adopted by the General Assembly on the Right to Development, the Non-Aligned Movement believed that it was necessary that the Council marked that occasion next year in a manner that took stock of all efforts thus far with a view to measure progress in the collective efforts to operationalize this important right. The objective of such commemoration should be to reaffirm their collective commitment to implement that Declaration and to devise the best ways and means learning from the lessons of experience. As they were preparing for the Millennium Development Goals review summit it was regrettable to acknowledge that most developing countries still fell short of realizing the Millennium Development Goals. The urgent operationalisation and realisation of the right to development would enable countries to face global crises and emerging challenges, and to compensate for the failure and present shortcoming of the present international economic, financial, trading and political systems. The dimensions of international cooperation and solidarity and the international responsibility for creating an enabling environment for the realisation of this right and for overcoming structural impediments in today’s international system had to be properly addressed. While the Declaration had affirmed that States had the primary responsibility for the creation of national and international conditions favourable to the realization of the right to development, it also stressed that States had a duty to cooperate with each other in ensuring development, and in eliminating obstacles to development. Also, the time had come for the Working Group on the Right to Development to craft at the intergovernmental level the way forward.

MANUEL B. DENGO (Costa Rica), speaking on behalf of Group of Latin American and Caribbean Countries, said the Group of Latin American and Caribbean Countries appreciated efforts by the Office of the High Commissioner for Human Rights to provide support to the Special Rapporteur on the human rights and fundamental freedoms of indigenous peoples, the Expert Mechanism, the Forum and the Council, as well as to the administration of the Voluntary Fund for Indigenous Peoples, and praised the work of awareness-raising, dissemination, capacity-building, and other substantive contributions made by the Office including technical cooperation, with many countries in the region. The Group of Latin American and Caribbean Countries was pleased to note that progress in this area had been achieved in cooperation with indigenous peoples, Governments, civil society, national human rights institutions, academics and businessmen, showing that a participatory process was underway towards developing collective awareness of the human rights of indigenous peoples. Other United Nations agencies also played a role, contributing usefully to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples. A little over nine years had elapsed since the mandate of the Special Rapporteur had been established, and from the first mandate in 2001 it had been renewed, as it should continue to do so to allow the mandate to continue to contribute to the protection and promotion of the rights of indigenous peoples, and to provide remedies for the violation of their rights. This mandate paid particular attention to indigenous women and children, who were subjects of major importance for the Group of Latin American and Caribbean Countries. The Group of Latin American and Caribbean Countries was also grateful to the Office for introducing the draft Plan of Action for the second phase of the Decade for Human Rights Education, and welcomed this initiative.

RANIA AL RIFAIY (Syria), speaking on behalf of the Arab Group, said that the Arab Group was committed to the right to development and was pleased to note that it remained of high importance to the Office of the High Commissioner for Human Rights. The right to development was an inalienable right and progress to achieving this right needed effective development policies at the national level as well as favourable trade relations at the international level. The Arab Group welcomed the report of the Working Group on the right to development and the analysis of the challenges facing this right, including the need for greater intergovernmental cooperation. To this end, the Arab Group believed that developing countries needed to have greater involvement in the decision-making processes that surrounded the right to development. The celebration in 2011 of the twenty-fifth anniversary of the Declaration on the Right to Development offered a good opportunity to highlight past achievements and also to focus on common future goals for the realization of the right to development.

CIRO CEAL (Brazil), speaking on behalf of the Southern Common Market (MERCOSUR), said that the right to development required involvement and cooperation at the regional and interregional levels. To this end, MERCOSUR had met in the past to exchange policies and good practices in the field of human rights, particularly with regard to truth and justice commissions, which were the result of the region’s turbulent history. Forensic science could be useful in restoring the identity of those who were disappeared and taken from their families. MERCOSUR would continue to support regional human rights institutions as they were critical in the promotion and protection of universal human rights.

ZAMIR AKRAM (Pakistan) said that the right to self determination was a fundamental principle in international law, recognised by two central Covenants of the United Nations and by the Human Rights Council. By virtue of that right people decided their own destiny and the course of economic and political development. Given its obvious legitimacy, the breach of the right to self determination constituted an international crime and required collective action and therefore the Council had an obligation to protect this right as a basis for all individual rights. The right to self-determination had been denied to peoples around the world, including in Occupied Jammu and Kashmir. Whenever this issue had been raised in the Council, Pakistan encountered politics of avoidance. For the Kashmiris the denial of their right to self determination meant 60 years of living under foreign occupation, whereby they were subjected to grave and serious violations of their human rights, including killings, disappearances and indiscriminate use of force. The Council and the international community must play their role in expediting an early and peaceful resolution to this dispute, Pakistan concluded.

CLAIRE HUBERT (Norway) said that Norway welcomed the report by the High Commissioner on discrimination against women in law and practice. The report put forward many concrete and relevant options for action. Ensuring that the Council acted on this report remained a key priority for Norway. They also believed that the right to life was the most fundamental of all human rights. The death penalty was in their view wholly inconsistent with these principles. Further, there was no evidence that the death penalty was a deterrent against crime. Norway was concerned about the lack of respect for international law in countries where the death penalty was still imposed. Further, they were also concerned about the lack of transparency by some States in providing information on individuals sentenced to death and executed. Norway called on all States where the death penalty was still imposed to bring domestic legislation and practice into line with international law and to publish national statistics on death sentences imposed and executions carried out.

OLEG MALGINOV (Russian Federation) thanked the Office of the High Commissioner for Human Rights for the reports submitted. Many of the recommendations made in the reports would help to strengthen democracy worldwide. Russia believed that establishing standards required collaborative efforts so that no country felt left out or targeted. It was regrettable that in some countries, human rights were merely seen as foreign policy instruments. Russia continued to abide by its international human rights obligations and it would continue to contribute actively to international mechanisms such as the Human Rights Council. Russia drew attention to the celebration of the end of Nazism and the Second World War in which tens of millions of people perished. In conclusion, the Human Rights Council was entering an important phase in reviewing its own activities and it should be commended for the hard work it had conducted to date. While the Council required some small adjustments, it did not need radical reforms.

HOU PEI (China) said China appreciated the efforts of the Working Group on the right to development in promoting and mainstreaming this right throughout the United Nations system. Developing countries still faced tremendous difficulties in meeting their Millennium Development Goals, with recent global food, fuel, economic and financial crises creating more obstacles to development. The international community should urge all countries to take their own path to development and to fight poverty. China also welcomed regional consultations on the report and hoped that when it became operational, States would be further along in supporting the Working Group. The Chinese Government had carried out tremendous efforts and improvements in promoting the right to development, not only in China but in developing countries as well, and had done so through technical cooperation, assistance and trade.

MARIANA OLIVERA (Mexico) said that Mexico was grateful for the presentation of the thematic reports. On the report on challenges and best practices in implementing the legal framework for the protection of children in the context of migration, this report addressed broadly the needs of children as a vulnerable group. It also reiterated the importance for States to give priority to the protection of children, and to always remain guided by the best interests of the child. It was important to bear in mind that international legislation required States to protect children so that their migratory situation did not affect the rights provided for in the Convention on the Rights of the Child. It was important to have a legal framework that protected children and protected their human rights. Criminalizing migration led to situations of detention, xenophobia and marginalisation. The study reminded of the urgent need to increase the international community’s work on the migration phenomenon.

JUAN ANTONIO QUINTANILLA (Cuba) said that Cuba had been a victim of the United States-led blockade for the past 50 years, which could be considered as an act of genocide. The extra-territorial blockade was illegal and restricted the freedom of movement, stopping Cubans from returning to their homes to visit their families. Regrettably, the new United States’ Government had not made any significant policy changes and President Obama had fallen short of expectations. Moreover, five so-called Cuban terrorists continued to be imprisoned in the United States. Finally, Cuba could not give an overview of the report on conference services since it was submitted two days ago and only in English. Cuba wished to record its dissatisfaction on this point and hoped that in the future reports would be distributed in good time and in all official UN languages.

EKSIRI PINTARUCHI (Thailand) said Thailand concurred with the Working Group on the Right to Development that technological innovation was an important tool to help realize this right. Thailand had first-hand experience on how technology could promote human security, especially food security and ultimately raise the standard of living of the people. Thailand strongly believed in the development dimension of intellectual property and hoped that intellectual property could be used more as a development tool that promoted greater technology innovation especially for developing countries. The right to development should be promoted on all levels and mainstreamed into all relevant work of the United Nations system. Thailand hoped that the Millennium Development Goals Summit next week would provide an impetus and political will to further promote the right to development. The right to development could never be met if basic necessities such as healthcare were not met. Health was a vital component of development, and policies in those two areas must complement each other.

SEBASTIAN ROSALES (Argentina) said that, concerning forensic genetics and the right to truth, the report showed that the use of this technology might be extremely useful in the context of the right to truth. He also shared Argentina’s experience with the setting up of a genetic databank and the 2009 law on the identification of disappeared persons and the law on regulating the obtaining of DNA to identify people. One hundred and one children that had disappeared during the dictatorship had been identified thanks to such measures. The purpose of forensic genetics was to combat impunity. Argentina would introduce a resolution on this issue later in the Session. Concerning the right to development and the abolition of the death penalty, Argentina was committed to upholding these two issues.

SAEED SARWAR (Pakistan), speaking on behalf of the Organization of Islamic Conference, said that the right to development was a right of both individuals and peoples and was a way to address the plight of millions aspiring to be lifted out of poverty. However, it was a matter of deep concern that, even after 24 years of the adoption of the Declaration on the Right to Development, little progress had been made by the international community towards its realization. The Organization of the Islamic Conference appreciated the efforts of the high level task force in completing the three phases of the work plan but felt that a number of issues were missing in the criteria and sub-criteria, in particular the aspect of international cooperation for creating an environment with greater participation of developing countries in international economic and financial decision-making. Finally, the Organization of the Islamic Conference stated that it had expected that by creating a consolidate gender entity called “United Nations Women”, it could streamline the work of the UN pertaining to women’s issues. Therefore, the Organization of the Islamic Conference stressed the need to lay trust in the work of UN Women before creating any additional mechanisms. In conclusion, the Organization of the Islamic Conference wished to point out that all delegations had faced great problems due to the fact that reports from the Secretariat were made available late and were not available in all United Nations languages.

JUAN VILLAR ESCUDERO (Spain) said that the rights of women deserved the special attention of this Council as they were often violated in many countries. Spain was applying innovative actions and policies to deal with gender discrimination and particularly with domestic violence. The world had recently celebrated the twentieth anniversary of the Convention on the Rights of the Child and tenth anniversary of its optional protocols. This offered an opportunity to reassess the progress made in implementing rights of child and investigate what more could be done, particularly in combating sexual violence against children. Spain was firmly committed to combating racism, xenophobia and incitation to hatred. In addition to applying the relevant international instruments, Spain had adopted additional measures such as in sectors of education or media, and promotion of pluralism and respect. The resolution adopted by consensus in the Council last year on xenophobia was proof that this Council could work in harmony and without confrontation. Spain was committed to fighting terrorism, and it tackled terrorist groups with full respect of the law. Spain would continue to work with this Council to fill in an inexplicable vacuum which was the recognition of the victims of terrorism.

PEDRO OYARCE (Chile), addressing the report on forensic genetics and the right to truth, said that Chile attached priority to these issues. The relationship between the scientific and legal world contributed to the enhancing of human rights. Chile welcomed the establishment of voluntary DNA databases to bring about justice. Chile itself had established a pool for biological samples and in 2004 a national service for genetic register had been established. While forensic science could help to contribute to truth and justice in matters of grave violations of humanitarian law, it had to be done with full respect for scientific, legal and ethical principles.

BALAZS RATKAI (Hungary) said that it was important to begin a process of reflection on how common efforts could be consolidated to strengthen the protection of minorities all over the world, in particular through the use of the Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities. Hungary looked forward to the compilation of existing manuals, guides and training material dealing with minority issues by various UN entities to be presented by the Office of the High Commissioner to the Council at its sixteenth session. Hungary remained convinced that an independent judicial system was the constitutional guarantee of all human rights. Therefore, competent, independent and impartial tribunals were prerequisites for bringing to justice the perpetrators of murders and attacks against human rights defenders and activists. Finally, Hungary reaffirmed its belief that everyone had the right to freedom of peaceful assembly and to freedom of association at all levels, in particular in political, trade union and civic matters, which implied the right of everyone to form and join trade union for the protection of his or her interests.

IRUTHISHAM ADAM (Maldives) welcomed the report containing the proceedings from the Asian workshop and the Bangkok Action Points. The Maldives strongly supported cooperation between Asian countries and it was equally important for regional and sub-regional human rights mechanisms to improve cooperation with the United Nations human rights mechanisms. Sub-regional and regional mechanisms played complementary role in the area of human rights and cooperation was crucial. Regarding discrimination against women, the Maldives said that the thematic report presented to the Council was evidence that despite all the progress achieved, women all over the world suffered from discrimination in law and in practice. Discrimination against women was often deeply rooted in social and cultural norms. The Maldives was developing a whole series of laws to promote the rights of women and to put an end to discrimination against them. Those laws would also address the issues of domestic violence. In 2007 the Maldives extended a standing invitation to the Special Procedures and had since received a number of visits. The recommendations from those were very useful to the Government to continue improving its human rights system.

CARLOS RAMIRO MARTINEZ ALVARADO (Guatemala) expressed appreciation to the Office of the High Commissioner for Human Rights for the priority it had given to the human rights dimension of migration in the 2010-2011 period. They had to find positive, humanitarian and urgent solutions to the migration phenomenon. The study rightly focused on the protection of the most exposed migrants: migrant children. Whatever their legal status was, it was important that they were treated in a humane and fair manner. Children in this context were often treated as adults, which exposed them to events that risked leaving them with psychological marks. At the national level it was also important to develop an approach to migrants which included the issue of children. Guatemala was a country of departure, transit and destination. They had set up a centre for migrant care which also took care of children. The centre also determined procedures for institutions which provided help to migrants. The best way to protect the rights of migrants was to ensure that migration policy did not criminalize migrants.

LIESBETH GOOSSENS (Belgium) said that following Human Rights Council Resolution 12/15, a workshop was organized in May 2010 to further strengthen the cooperation between the United Nations and regional human rights mechanisms. The workshop benefited largely from its multi-stakeholder involvement, which included regional and sub-regional groups, civil society representatives and academia. Belgium reiterated that regional mechanisms provided a valuable role in the promotion and protection of human rights and contributed to raising global awareness about human rights. The Council should play a more active role in bringing these various groups together and coordinating international and national human rights focused activities. In closing, Belgium said that it looked forward to continuing a fruitful dialogue on this subject with all relevant stakeholders.

JUAN HOLGUIN (Ecuador) said that Ecuador understood the right to development as a mechanism for poverty eradication and for equitable distribution of national resources to achieve a good standard of living. This was a concept to overcome the narrow economics outlook and to develop under the new economic paradigm, which promoted inclusive, sustainable and democratic economic strategy, opposite to the traditional paradigm of material accumulation. On trafficking in persons, Ecuador had declared a national policy to combat trafficking in migrants, women and children. Guiding principles for the protection of victims were a State responsibility, and non-discrimination was in the best interest of the victim. On the right to the truth, Ecuador sad that the President had set up the Truth Commission with the purpose of investigating and establishing the truth because only truth would bring justice. The members of this Commission had full freedom to decide what they wanted to investigate. In this work they heard more than 600 witnesses.

TATIANA LAPICUS (Republic of Moldova), speaking on the issue of strengthening the development partnership, thanked the Chairman of the Working Group on the Right to Development. The Republic of Moldova was satisfied at what the Office of the High Commissioner for Human Rights had been doing to ensure the right to development. The right to development was a complicated one, since it included rights and obligations at various levels. Closer partnerships between Member States, international organizations, non-governmental organizations, civil society and private sector were important in this context. The Republic of Moldova had adjusted its development policies to include the achievement of the Millennium Development Goals in them. Good governance at the national and international levels was important to ensure closer cooperation between human rights development and finance development institutions.

JURG LAUBER (Switzerland) said Switzerland welcomed the decisions taken by States which had amended their legislation or ratified international instruments abolishing the death penalty, and which had declared a moratorium on its use. However, there was concern for the situation in countries where the decision had been taken to resume executions, running counter to the general trend. It was difficult to obtain transparent information on many of those who were executed, and this was a type of disinformation for inhabitants of the country, preventing an in-depth public debate on the subject. On the report of the Secretary-General on support from conference services and from the Secretariat, Switzerland could only encourage conference services and the Secretariat to implement the suggestions of the Office for Internal Oversight. As the functioning of the Council was reviewed, it was essential to remember that an equilibrium still remained to be found between the work of the Secretariat and the Office of the President, as the issue of resources remained problematic.

SABINE BAKYONO KANZIE (Burkina Faso) said that discussions during the eleventh session of the Working Group on the right to development made it possible to further clarify the implication of the application of this right and the difficulties in its implementation. The Declaration on the Right to Development was a point of reference that was guiding all the work on operationalising this right. Burkina Faso commended the Working Group on its conclusions and on giving useful guidance to all organizations working in the area of human development. The Government of Burkina Faso supported the proposition the Working Group made to undertake intergovernmental consultations on the work of the special group regarding the operational criteria and sub-criteria for the implementation of the right to development.

AHMED MOHAMED ABBO (Djibouti) said Djibouti welcomed the progress made by the Working Group on the right to development. Djibouti fully supported the proposed follow-up work at the inter-governmental level. International action was just as essential as national action to allow for the right to development to be fully realized. It was fitting that the conclusion by the Working Group was that States should be given more time to consider the document of the taskforce.

BETTY E. KING (United States) said the United States was pleased to affirm its unwavering commitment to the protection and promotion of human rights, and looked forward to discussing practical ways for the Council to fulfil this goal. Civil society played an essential role in the struggle for human rights, human dignity, and human progress. The right to peaceful assembly and association was at the core of any vibrant society, allowing citizens to build civil society, express political opinions, engage in religious observances, and participate in competitive election processes. This right in the United States had been crucial to combating discrimination on the basis of race, ethnicity, gender and disability, and ensured that workers could agitate for the improvement of their working conditions, and allowed all of the citizenry to join in the discussion for social change. The United States was working in the Council to establish a Special Rapporteur on the freedoms of peaceful assembly and association, as these were the only rights in the Universal Declaration of Human Rights that did not enjoy attention from the Council's Special Procedures.

NAHIDA SOBHAN (Bangladesh) said that a lot remained to be done in addressing social, economic and cultural rights worldwide. An open and equitable, rule-based and non-discriminatory multilateral trading and financial system would be of crucial significance. Also, the role of the international community in realising the commitment to 0.7 per cent of gross domestic product to official development assistance and in creating conductive international environment was of utmost importance in reducing poverty and for integrating social security options. Poverty in its entirety was about deprivation in economic, social, cultural and political life and the proper implementation of the right to development would overcome historic neglect to those groups of rights. The implementation of this right required effective development policies at the national level and equitable economic relations and a favourable economic environment at the international level. Although Bangladesh valued the work of the Working Group, it did miss the balanced representation of the important element of dove-tailing between States’ responsibility and the responsibility of the international community. Bangladesh called for the adoption of a legally binding document on the right to development in order to eradicate extreme poverty and for a world free of hunger and want and terrorism.

IBRAHIM A.E. ALDREDI (Libya) thanked the Working Group on the Right to Development. They all agreed that the right to development was a wider framework which included many other human rights related to the vital needs of every human being. The right to development could only be achieved though collective efforts at the national, regional and international levels. The right to development could not be achieved without cooperation and dropping policies of economic sanctions imposed on some countries. It was important to allocate funds for development to improve the standard of living in one’s country. Libya offered free healthcare and education to all people in the country, without exception. Libya also hoped that other countries would offer an official apology to their former colonized countries, just as Italy had done with Libya. The task force should also be granted more time to do its work.

BOUALEM CHEBIHI (Algeria) said the issue of self determination for peoples under occupation was a part of the United Nations Charter, and was guaranteed in a number of international documents and United Nations Conferences, and this issue was a means of ensuring the enjoyment of all other human rights, including that to dispose of one's own possessions and wealth. The negation of this principle was a self-evident violation of human rights. Sovereignty, recognized by the United Nations, was primordial. The United Nations did not recognize colonies or territories recognized as integral parts of the State administering them. Such a status existed as long as the people of the colony or the non-autonomous territory were unable to exercise their right to self determination. The Human Rights Council should continue to pay attention to the right to self determination.

HEBA MOSTAFA RIZK (Egypt) said Egypt commended the efforts and the assistance extended by the Office of the High Commissioner for Human Rights to the holding of the panel on the protection of journalists in armed conflict. It was the first time that the Council had addressed this important topic and the aim was to ensure a strengthened protection to journalists so that they could effectively and safely perform their mission. Egypt announced its intention to resume presenting its initiative on the protection of civilians in armed conflict in the next sessions of the Council, thereby ensuring the complementarity between both international human rights law and international humanitarian law.

MOHAMAD REZA GHAEBI (Iran) said that 2011 would mark the twenty-fifth anniversary of the United Nations Declaration on the Right to Development. Iran expressed deep concern at the limited progress made toward the realization of the right to development. Further work should be undertaken at the intergovernmental level to highlight further the national and international dimension of the right to development. They had to create a fair and conducive economic environment. The present global context required a well coordinated approach towards the right to development. Regrettably the efforts of countries to achieve development were often blocked by aspects behind their control, such as protection barriers and economic sanctions, among others. The realization of the right to development hinged to a large extent on international cooperation, as stipulated in article four of the Declaration.

ROBERTO FLORES BERMUDEZ (Honduras) said the activities of the Office of the High Commissioner for Human Rights would no doubt work to achieve development through human rights and the assistance of the relevant United Nations bodies. On the eve of the twenty-fifth anniversary of the United Nations Declaration on the Right to Development, the drafting of criteria for the implementation of the right to development was vital to understand not only what had been done, but what progress had been made in achieving the Millennium Development Goals. Integrating the principles of the right to development with good governance at all levels were essential pillars if progress was to be achieved, but were not in themselves enough, as they required implementation to make them work, and two other pillars to be added, namely the financial factor and the opening of markets, transfer of technology and international aid provided according to internationally agreed parameters. The Government of Honduras was confident that the work done next year would undoubtedly produce better criteria to enable significant progress in the achievement of this exercise.

EUGENIA GUTIERREZ RUIZ (Costa Rica), speaking on behalf of the Platform for Human Rights Education and Training, said the Platform was putting forward a draft resolution with a view to adopt the Plan of Action for the Second Phase of the World Programme for human rights education. This second phase would focus on human rights education for higher education and on programmes for teachers and educators, civil servants, law enforcement and military personnel. The Platform for Human Rights Education and Training welcomed the Draft Plan of Action prepared by the Office of the High Commissioner for Human Rights and hoped that all members and observers of the Council would extend their support to this draft resolution. Human rights education and training was a lifelong process and contributed to the establishment and consolidation of more tolerant and peaceful societies. The future adoption of the United Nations Declaration on human rights education and training, on which informal consultation had already started, was a natural step for the international community. This Declaration would provide a broad and inclusive perspective of the different elements that should guide human rights education and training.

MOHAMED ACHGALOU (Morocco) thanked the Working Group on the right to development for its work. Its report provided added value on their way to developing binding norms on this issue. The United Nations Declaration on the Right to Development provided for a balanced responsibility on the national and international levels. States and the international community had the moral responsibility to act. However, States had the prime responsibly to create favourable conditions for the realisation of the right to development. South-South cooperation was one of the big added value tools they could use. States must work to strengthen cooperative links with their neighbours and regional neighbours. On the basis of strong will, Morocco had made the strengthening of South-South cooperation a priority.

EVAN P. GARCIA (Philippines) said concerning the report on the proceedings of the seminar organised by the Office of the High Commissioner for Human Rights in May 2010 which aimed at identifying opportunities and challenges in the development of rights-based responses to trafficking, the Philippines regretted that these documents were not made available in any United Nations language prior to this session. It was virtually impossible to have a discussion on any report if it was not posted in advance on the Office website. The preparation of these documents should have been done on time. However, the Office was commended for organising the seminar, which was very successful, and reinforced the centrality of human rights in the fight against trafficking. The recent adoption by the General Assembly of the Global Plan of Action was appreciated, and all delegations should support its implementation as a matter of priority.

URSKA CAS SVETEK (Slovenia) thanked the Open-ended Working Group on the Optional Protocol to the Convention on the Rights of the Child for the proposal for the draft Optional Protocol and reiterated Slovenia’s full support for the cross-regional initiative. As a member of the Platform for Human Rights Education and Training, Slovenia welcomed the Draft Plan of Action for the second phase of the World Programme for Human Rights Education and said it provided a valuable set of collective goals and actions that could lead to strengthening national efforts to promote human rights education and training. Slovenia called on all United Nations Member States to apply the recommendations and advisable practical steps as set down in the Plan of Action. Finally, Slovenia thanked the Office of the High Commissioner for Human Rights for the thematic study on discrimination against women in law and practice. The study confirmed that the United Nations system lacked the capacity to adequately address this issue and at the same time, it offered valuable recommendations in order to fill the gap.

CYNTHIA L. KAMIKAZI (Rwanda) commended the report of the Working Group on the right to development. Rwanda also appreciated the efforts of the task force to achieve its mandate. Rwanda took note of the activities of the High Commissioner in this regard. The primary responsibility towards the fulfilment of development lay first with States themselves. However, in the case of developing countries, the international community should help them. Economic, social and cultural rights, including the right to development, should be protected and promoted on an equal basis with civil and political rights. Political rights without a matching reduction in poverty and improved quality of life were meaningless. The proposed commemoration to mark the twenty-fifth anniversary of the Declaration should be welcomed.

KHADIJA RACHIDA MASRI, of African Union, said development in Africa remained a concern and at the same time the goal of the Commission of the African Union and of the Member Countries of the Union. With regard to the question on "who was responsible for development in Africa", the responsibility was clearly, first and foremost, that of Africans themselves, and thus they were getting to grips with this, ensuring the right to development had a concrete dimension. The human rights dimension of all stakeholders at the national, regional and international levels must be borne in mind, and any development programme or policy had to factor in the human rights dimension. The twenty-fifth anniversary of the Declaration on the Right to Development was coming up, and this should be an opportunity to operationalise the right to development, and to implement all economic, social and cultural rights. The Commission of the African Union believed it would be useful for the Human Rights Council and the Office of the High Commissioner for Human Rights to work together with other institutions to seize this important opportunity to take stock of all efforts made to implement the Declaration and create propitious conditions for its effective implementation worldwide.

ERIANGGA ARBI (Indonesia) said incorporating an international dimension was an essential factor for the success of national development efforts, and thus Indonesia believed in the need to re-emphasise the pivotal role of international solidarity and cooperation and the importance of partnerships in national policies. Debt relief, technology transfer, investment in developing country research and industry and the avoidance of protectionist policies were just some of the measures which could substantially accelerate the promotion and creation of social well-being in the developing world through a fair distribution of wealth and resources. Further efforts were still needed if the expectations set out in the Declaration on the Right to Development were to be met, with the aim of establishing an international legally-binding instrument which would serve as an important guarantee that the right to development of all countries would be respected and implemented. States needed to do more to integrate the rights of children into national legislation and policies relating to migration.

BHRIGU DHUNGANA (Nepal) thanked the Working Group for the report on the right to development. Nepal valued the functioning of the Working Group in, among other things, monitoring and reviewing the progress made in the promotion and implementation of the right to development, as elaborated in the Declaration on the Right to Development. Nepal firmly believed in the universality of human rights and considered all rights, civil, political as well as economic, social and cultural rights, including the right to development, as indivisible, interdependent, interrelated and mutually reinforcing. This was aptly reflected in the 2007 Interim Constitution of Nepal. In closing, Nepal believed that developed countries should fulfil their commitments and pledges, in particular with respect to the financing of development projects through the allocation of a certain percentage of GDP to developing countries as part of a nation’s overseas development assistance.

LIBERE BARARUNYERETSE of Organisation Internationale de la Francophonie, said that the report on the Conference Services and the Secretariat for the Human Rights Council explicitly recognised that the support provided was not sufficient, particularly concerning making documents available in all the official languages of the United Nations. The problem was flagrant and the Organisation Internationale de la Francophonie said that the non-respect for linguistic pluralism in the United Nations went beyond budgetary constraints. The budgetary deadlock in which the Council had been for years was hopefully going to be resolved soon, but the mishaps in languages were causing serious problems in the work of the Human Rights Council. For example, when the Council adopted a report of the outcome of the Universal Periodic Review for a country in a language which that country did not use, all recommendations ended up in a void and documents produced in Geneva were unusable by national administrations, simply because of the language. The Organisation Internationale de la Francophonie appealed for a timely and constructive resolution of the budgetary constraints of the Human Rights Council.

VAHEH GEVORGYAN (Armenia) said Armenia welcomed continuing efforts to implement the Declaration on the Right to Development. Armenia was continually ready to cooperate with minority organizations to address the issue of their lack of representation in education, even if this was due to cultural standpoints. Armenia stressed the responsibility of States to create an atmosphere of dialogue and tolerance between all people living on their territory, regardless of their ethnic, religious or cultural affiliation. Armenia regretted the absence of consultative structures for representatives of minorities as noted by the Committee. Armenia joined the Special Rapporteur on racism, racial discrimination, xenophobia and related intolerance in his conviction that according to the inaction of Governments, imbalances that had traditionally affected minority groups remained unchecked.

BAKIR AHMED (Iraq) said that the right to development was one of the fundamental rights of all peoples and deserved greater attention, as it brought together and allowed for the enjoyment of economic, social and cultural rights along with civil and political rights. Equal treatment in justice was crucial to sustainable development. Furthermore, the Iraqi delegation said that effective solutions needed to be based on international cooperation. Finally, a large part of the Iraqi budget had been devoted to promoting the right to development, particularly in rural areas of the nation.

BADRIDDIN OBIDOV (Uzbekistan), concerning the report on the question of the death penalty, said Uzbekistan submitted its contribution in February for inclusion to this report. As of January 2008, Uzbekistan had fully abolished the death penalty, which until 1998 had been the most severe punishment for 13 crimes. The Parliament in 1998 removed the death penalty from the list of possible penalties for five of those crimes, while in 2003 the death penalty applied under only two articles of the Criminal Code. The most important result of the reform of the legal and judicial system in Uzbekistan was the full abolishment of the death penalty. Since then, not a single sentence had been handed out, nor had one been implemented, thus effectively establishing a moratorium on the death penalty.

PETER WOOLCOTT (Australia) said Australia supported the universal abolition of the death penalty, as it was inhumane and violated the most basic human right - the right to life. All States should abolish the death penalty. This year, Australia, through its overseas missions, made representations against the death penalty in all nations which maintained it, and would continue to do so with a view to universal abolition, including through the appropriate United Nations mechanisms.

KATHARINA ROSE, of European Group of National Human Rights Institutions, commended the report on the international workshop on enhancing cooperation between international and regional human rights mechanisms. In addition, the European Group of National Human Rights Institutions expressed its strong support for the important work undertaken by the Office of the High Commissioner for Human Rights in this regard. The European Group of National Human Rights Institutions considered that there must be greater systemised cooperation between the European regional human rights mechanisms, both in their approach to human rights issues and to working with national human rights institutions. Moreover, the establishment of a regional secretariat for the European Group, modelled along the lines of the very successful Asia-Pacific Forum, could act as a focal point for the regional mechanisms with national human rights institutions and ensure greater cohesion within the European region.

ANA CALHA, of Soka Gakkai International, in a joint statement with several NGOs1, said that they strongly supported the draft Plan of Action for the second phase of the World Programme for Human Rights Education. There was no doubt that collaboration with and support of civil society at all levels would be a contributing factor to making progress in human rights education, which included translation of the Plan of Action in the local languages of the relevant national actors. The non-governmental organizations also underlined the importance of human rights education in higher education as well as the support for human rights training for civil servants, law enforcements officials and the military.

MARIANA DUARTE, of Conectas Direitos Humanos, welcomed Brazil’s initiative to extend the mandate of the Independent Expert on the right to health. Health was a fundamental right and was indispensable for the realization of other human rights. Conectas firmly supported the mandate and called on the Council to express its commitment to the promotion and protection of the right to health. Access to medicines was one of the fundamental elements in achieving the full realization of the right to health. Improving access to medicines could save millions of lives a year. The adverse impact of intellectual property rights on medicines could not be ignored and governments must urgently take all necessary steps to minimize those impacts.

GIYOUN KIM, of Asian Forum for Human Rights and Development, appreciated the reports on regional human rights arrangements. Those arrangements could reinforce universal human rights standards and the Asian Forum urged that the people-centred aspirations of the Association of Southeast Asian Nations be fully realized in the drafting of the Association of Southeast Asian Nations Human Rights Declaration. The Asian Forum welcomed the expression of interest by the Maldives and Nepal to explore the possibility of establishing a sub-regional human rights mechanism under the South Asian Association for Regional Cooperation and encouraged other members of this organization to join this effort and take concrete steps towards an accountable and independent sub-regional human rights mechanism.

VICTOR ALCALAK HAUDE, of BADIL Resource Centre for Palestinian Residency and Refugee Rights, said the right to development was in fashion today in the third world and developing countries which saw it as progress towards a modern and developed society, but this had a shadowy backdrop in contrast with these times of technological progress which did not allow the life of the person to continue between cultures. Respect for the right of indigenous peoples, fully enforced in Chile, did not mean there was commitment on the behalf of the Government, nor was there political will to enforce the right to development. The situation had serious consequences, such as the forced impoverishment of the Mapuche. Claiming their rights had meant violent repression against those making claims.

SARDAR AMJAD YORSAF, of World Muslim Congress, said fundamental human rights were universal, and the Universal Declaration of Human Rights made no discrimination on religious, national or political bases - these rights were not hierarchical. Unfortunately, when it came to the people of occupied Jammu and Kashmir, who were fighting for their right to self determination, these very fundamental rights were not only denied but even the demand for these rights was met with brute force. The conspiracy of silence over the gross violations of the Universal Declaration of Human Rights in Indian occupied Jammu and Kashmir itself violated the United Nations Security Council resolutions, and the indifferent attitude of the United Nations had encouraged India to continue with its campaign of human rights atrocities against innocent Kashmiris. The people were still looking towards the Council to redress their grievances.

ALTAF HUSSAIN WANI, of International Islamic Federation of Student Organizations, said that freedom of expression was one of the most fundamental rights that individuals could enjoy. It was fundamental to the existence of democracy and the respect of human dignity. The transformation of the military into an agent of domestic repression by silencing people with brute force, arbitrary detention, extrajudicial killings, torture, rape and sexual abuse constituted a substantial part of the militarization in occupied Jammu and Kashmir. As a result of extraordinary powers given to the Indian military, people had lost their voice and those who dared to speak, such as human rights defenders, journalists and lawyers, had been killed, tortured, arrested and persecuted.

RONALD BARNES, of Indian Council of South America, said that the right to self determination was a vitally important foundation for realizing the rights of all peoples, including those under colonial and alien domination and foreign occupation. The right to self determination was an evasive issue in today’s world despite the call by the UN General Assembly in Resolution A/64/149 for the Human Rights Council to address all violations of human rights, including the right to self determination. With regard to work conducted by the Working Group on the right to development, the Indian Council of South America fully supported the development of a legally binding document but this process needed to include greater participation of indigenous peoples.

DAISUKA SHIRANE, of International Movement Against All Forms of Discrimination and Racism, shared the concern about the situation of human rights defenders expressed by the High Commissioner in her opening statement. The International Movement reminded the Council about commitments made by Sri Lanka, especially during the Universal Periodic Review process, and said that up until now, the Government had failed to provide adequate information on cases of disappearances. Furthermore, assassinations and extra-judicial killings were not investigated. The International Movement Against All Forms of Discrimination and Racism recommended that the Council take note of the present development in Sri Lanka and its human rights implications and that it request the Government to inform the Council on the status of the national action plan for human rights.

Ms. S. JOHNSON, of International Club for Peace Research, said that the lack of control and the sense of dislocation and chaos that characterised contemporary armed conflicts could be attributed to many factors, but whatever the causes, the time had come to call a halt to them. The international community must proclaim attacks on children intolerable and unacceptable. The international community had expressed the concern that if the State of Pakistan did not take effective measures with the international community to mitigate the suffering of the victims of the floods, it was really terrorist groups who would benefit. The situation of women and children in parts of Afghanistan and Pakistan required the immediate attention of the international community

NISAR-UI-HAQ, of European Union of Public Relations, said children were being deliberately recruited as combatants, thanks to the proliferation of light weapons due to the international arms trade. Coupled with the rapid social change which often preceded or accompanied war, armed conflict led to a breakdown in the family support systems so essential to a child's survival and development. Other forms of protection also slipped away, particularly Government and community support systems. Children were affected by warfare in many ways, but one of the most alarming trends was their participation as soldiers. There was concern for the plight of children and women in conflict areas of Pakistan and Afghanistan. The international community must do all it could to prevent the outbreak of fighting by addressing the socio-economic roots of conflict and banning arms shipments to conflict zones. In the meantime, everything must be done to protect children caught in armed struggles.

EMMANUELLE DANGE, of International Institute for Peace, said development had traditionally been defined as a process promoting economic growth, but in recent years the international community had pioneered a new understanding in which the aim of development was not merely to produce better results in the leading economic indicators, but to improve the quality of life in every sphere of meaningful activity: economic, social, cultural and political. The Declaration on the Right to Development signalled another significant shift in approaches to development, defining it as a human-centred process that should ideally enlarge the choices of individuals and communities while respecting the principles of self determination, equity and non-discrimination. The international community faced the difficult task of bridging the chasm between developing and developed nations, a task made more complicated by increasing globalisation and the dominant economic power of multinational corporations.

GAJJALA PRAVEEN, of Commission to Study the Organization of Peace, said that the right to development presupposed the existence of an environment where individuals and communities could exploit the resources available to them in the manner best suited to their well-being and progress. People who suffered from inequitable treatment at the hands of nation states had little possibility of ensuring that there was improvement in their lives and success in the developmental process. Baluchistan, a province of Pakistan, was a case in point. The Baluch people continued to experience hostility and oppression and had not received the same level of humanitarian assistance from the Pakistani Government following the recent floods.

VICTORIA PAIS DENARCO, of Permanent Assembly for Human Rights, said that the overriding responsibility for the implementation of the right to development lay with States. However, the international community also had an obligation to promote this right. The Permanent Assembly for Human Rights felt that there was a need to examine more closely international financial institutions, foreign debt, trade and other economic factors. In this regard, unfair trade practices and external debt had impeded development efforts for a number of developing countries. Greater efforts thus needed to be made to end the cycle of dependency of developing countries on developed ones.

ANEZKA PALTOVA, of Liberation, said that during the upcoming review of the Human Rights Council it was expected that Governments would once again succeed in not enhancing its capability and capacity to respond effectively to situations that required its attention. Liberation said that India had systematically failed to uphold its international obligations to ensure the fundamental human rights of Dalits, despite laws and policies in place against caste discrimination. Caste-motivated killings, rapes and other abuses were a matter of routine and remained unnoticed. Persistent economic growth in India over the years had no meaning in the lives of the Dalits as they were not the recipients of economic development in India.

ALIREZA DEIHIM, of Organization for Defending Victims of Violence, said at the beginning of the third millennium, terrorism had been turned to one of the serious concerns for the international community. This concern showed the importance of paying more attention to the fundamental rights of human beings which were violated seriously by this phenomenon. Terrorism was a clear manifestation of the violation of fundamental human rights. They hoped to witness a day in which the dangerous terrorist cults had been totally eradicated from the scene of the world by the common effort of all peace activists and defenseless children’s supporters.

MARYAM SAFARI, of Charitable Institute for Protecting Social Victims, said war and terrorism, homelessness and poverty still took the most tolls on the most vulnerable groups: women and children. Iraqi women and children's lives were practically in danger, and the fate of Afghan women and children survivors of war was poverty, misery and homelessness. In the Occupied Palestinian Territories, in particular Gaza, the situation continued to be dire, with the continuation of the illegal and inhuman blockade. All non-governmental organizations should form a global movement for greater protection of the rights of women and children in armed conflict, and the Council should establish a more effective mechanism for the implementation of the Fourth Geneva Convention, and to implement stronger monitoring systems in regions in conflict for the prevention of the victimisation of civilians.

DINO D.G. DYMPEP, of Mbororo Social and Cultural Development Association of Cameroon, said rights and duties were one of the primary concerns of the human civilisation, and these were closely connected with liberty, growth, development, dignity, responsibility and welfare of the general community - however, knowledge of human rights was neither popular nor well-distributed, and as a result, violation of human rights was so common that the purpose of the Universal Declaration of Human Rights was defeated. North-East India was the best example of being a slaughter house of human rights. The Government of India had over the past failed to implement the recommendations made by different United Nations bodies and this situation required an immediate intervention from the Human Rights Council, which should address the issues pertaining to different human rights situations to play an effective role and request the Government of India to respect its international obligations and accord fundamental rights to all communities in the region.

HAMDI CHERIFI, of Action Internationale pour la Paix et le Developpement dans la Région des Grand Lacs, said that the Universal Declaration on Human Rights listed the importance of all human rights. Unfortunately the population detained in the Polisario camps did not receive humane treatment and were not able to fully enjoy their basic human rights. Within the Polisario camps, enforced disappearances, torture and even the jailing of pregnant women continued to take place. The major part of international humanitarian aid was smuggled by the Polisario leadership and sold in the black market, while the number of refugees was exaggerated to manipulate donors and relief agencies. Action International called for the international community to address this issue and come to the rescue of those in the Polisario camps.

ISSELKOU REBANE, of Comité Internationale pour le Respect et l’Application de la Charte Africaine des Droits de l’Homme et des Peuples, said that all human rights were inalienable and indisvisible. Unfortunately, however, violations of human rights continued to occur in many parts of the globe, especially when it touched upon cases of self determination. In this respect, many Mauritanians had been forcefully disappeared in the Polisario camps. Although the context of this war existed in the past, the vestiges lived on in the memories of the victims. The Comite International urged the Human Rights Council to tackle this problem urgently.

SIBATI EL GHALLAUVI, of Agence Internationale pour le Développement, called for the international community to recognize the rights of the Sahraouis living in the Polisario Front refugee camps. The Comite International also wished to raise its voice to ensure that these defenseless people could exercise their rights and that they could return to their homeland and by reunited with their families. This would be a just and lasting solution to the Moroccan problem.

KAREN PARKER, of International Educational Development Inc., said that International Educational Development appreciated the efforts made by the Independent Expert on international solidarity and urged him to address the situation of ethnic nationalities which were under constant verbal and physical attacks by their own and other governments. Examples of such groups included the Uyghurs. The Sri Lankan Government repeatedly demonized the Tamil people. A number of Kurdish groups in Iraq and Turkey were also labelled as terrorist. Some ethnic nationalities were even treated as outcasts.

KATHY POLIAS, of Society for Threatened Peoples, said they had been concerned for many years about the Chinese Government's flagrant use of security campaigns and the global war on terrorism as pretexts to persecute the Uyghur people of the Xinjiang Uyghur Autonomous Region of China, who used the fact that the Uyghurs happened to be Muslim to appeal to negative stereotypes that unfortunately and unjustly existed in the world about Muslims. The authorities regularly charged Uyghurs who engaged in non-violent forms of expression with vaguely-defined crimes of "endangering State security". The Human Rights Council should call upon the Chinese authorities to stop using security campaigns and the global war on terrorism as reasons to repress and oppress innocent Uyghurs, and to immediately and unconditionally release all Uyghur prisoners of conscience.

NORMAN VOSS, of Asian Legal Resource Centre, said States should develop independent domestic witness protection systems and the suggested development of best practices and common standards by the Council - the absence or failure of such systems were serious barriers to justice, as detailed in written statements on Indonesia, Nepal and the Philippines submitted to the session. Sri Lanka had no witness protection law or programme, and the absence of such a comprehensive mechanism in Nepal contributed significantly to impunity. The Council should develop and ensure the implementation of a normative framework to address the need for witness protection. Particular attention must be given to grave and endemic human rights violations by State agents, such as torture, forced disappearances and extra-judicial killings, in countries with failing justice delivery systems, if these efforts were to be relevant and of practical use.

KRISTYANA VALCHEVA, of Freedom House, said that the Universal Declaration on Human Rights guaranteed that no one would be subjected to torture or to cruel, inhuman or degrading treatment. Yet, around the world, these crimes were being committed with impunity. In Iran, for example, political prisoners were subjected to mistreatment, including those in the notorious Evin prison. The speaker explained that she was a nurse from Bulgaria and in 1999, when working in Benghazi, Libya, she and five others were abducted and then framed on false charges, imprisoned and brutally tortured. She described how she was beaten, injected with drugs and then undressed and tied to a metal bed before being subjected to electrical shocks.

ROY BROWN, of International Humanist and Ethical Union, said that the world was witnessing increasing restrictions on the right to freedom of expression, the right to free assembly and even the right to life, justified by the fight on terrorism. In reality, many of these restrictions were thinly veiled attempts to silence dissident protest and political opposition. In one example, there was a bill currently before the Parliament of Uganda that would have the effect of denying the right of assembly to any group in the run up to parliamentary elections. This bill was in direct contravention with several articles of the Ugandan Constitution. Under the terms of the proposed bill, no meeting of more than three people would be permitted without the permission of the police, which could be arbitrarily withheld. The International Humanist and Ethical Union looked to the Council to hold all Governments to account in cases when they attempted egregious violations of the rights to freedom of expression and free assembly.

PATRIZIA SCANELLA, of Amnesty International, said that the trend towards worldwide abolition of the death penalty was unmistakable, even in States which resorted to this punishment most frequently, like China. Illegitimacy of the death penalty was a most important issue but it was not the only one demanding attention. Retentionist countries had obligations to ensure that the death penalty was imposed only for the most serious crimes, to respect prohibitions under international law regarding its use and to fully respect all safeguards guaranteeing protection of the rights of those facing the death penalty. In Equatorial Guinea, two former military officers had been executed in August 2010, within an hour of being sentenced to death by a military court. This had deprived them of their right to appeal to a higher court and of their right to seek clemency. Amnesty International called on the Council to address the serious problems that still remained with regard to respect for international law in countries where the death penalty was still imposed.

ZARIASHA NIAZI, of Organisation pour la Communication en Afrique et de Promotion de la Coopération Economique Internationale, said that the people of Jammu Kashmir were troubled people, dispossessed and disenfranchised by the democratic process that India claimed to uphold. The rhetoric employed by mainstream Indian politicians, academics, and policy makers was a discourse divorced from the reality of the Kashmiri people. The entire population of Jammu and Kashmir had taken to streets to protest against Indian occupation. In less than two months over 60 protestors, mostly children and teenagers were killed. The Kashmir conflict was a political problem and required a political solution and the Government of India could no longer afford to procrastinate on the intractable Kashmir conflict. The non-governmental organization requested the Council to appoint a United Nations representative for Kashmir to take stock of the situation and to pressure the Indian Government to put an immediate stop to the massacre in Kashmir.

ASHRAF EL HAJOUJ, of United Nations Watch, said that the Member States of the Council had pledged to protect the highest standards of human rights. Many of these could be found in the International Covenant on Civil and Political Rights. Regrettably, however, victims worldwide were being denied these rights. In 1991 he had been arrested under false charges together with the five Bulgarian nurses. A death sentence had been imposed on them. They had been detained under inhuman conditions for an extensive period of time. They had suffered all types of physical, sexual and psychological torture. The evidence of international experts on HIV had been disregarder by the Libyan courts. Who would return those years to them? How could Libya be elected as a member of the Human Rights Council?

BIRO DIAWARA, of Rencontre Africaine pour la défense des droits de l’homme, said that the Council was meeting at the same time as the leaders of the world were heading for New York to attend the Millennium Development Goals Summit. The goals would not be met, although some substantial progress had been made in certain areas. Many regions of the world were today suffering from devastating shortages of water resources. The declaration on social progress and development had been geared towards distributing fairly the advantages derived from scientific and technological advances between developed and developing countries.

Mr. BALLUCH, of Agence des Cités Unies pour la Coopération Nord-Sud, said the International Covenant on Civil and Political Rights stated that all peoples had the right to decide their own political future, and in no case may a people be deprived of their own means of subsistence. When natural floods wrought havoc on Pakistan in recent weeks, Baluchistan was ravaged by military-made floods. The Military, Military Intelligence, Inter-Services Intelligence and paramilitary Frontier Corps had thrown the Geneva Conventions to the wind. A fact-finding mission to Baluchistan was in order.

MINI SHARMA, of Afro-Asian People's Solidarity Organization, said the world production of chemicals had multiplied in the past few decades, and the amount of hazardous wastes was believed to have increased. In many industrial States, waste generators were faced with an increasing scarcity of disposal facilities, growing public opposition to the establishment and operation of such facilities, a tightening of environmental rules and standards, and escalating disposal costs as a result of these developments. The deaths emanating from toxic and dangerous wastes should be considered as human rights issues. States Parties should recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. To avoid human rights being trivialised, it was pertinent for the international community to recognize that all human rights were equal, interrelated and interdependent.

FRANCOIS SCHMITT, of Organisation mondiale des associations pour l’éducation prénatale, said that the subject of their work was to improve everything in the prenatal period and above all to help women, including educating parents on how to provide better lives for their children during the pre-birth period. During the nine months of pregnancy, everything that made the human being was already formed and everything that the mother was going through was experienced by the foetus.

ANA-MARIA RODRIGUEZ, of Colombian Commission of Jurists, welcomed the presentation of the report on the right to the truth and said that in May 2008 the Constitutional Court of Colombia had handed down a ruling related to the security of women victims of violence. In the first half of 2007 four women had been murdered and 20 other persons received death threats to withdraw from the judicial process. The court had evaluated the protection system for the victims and concluded that it had not corresponded to the comprehensive programme for the protection of victims and did not recognise the constitutional and international obligations of the State of Colombia with regard to the prevention of discrimination and violence against women. As a consequence, there was a requirement for a six-month review of this law to ensure it protected the women victims. Two years after the ruling had been handed down, there were still no changes in the protection for women participating in justice and peace processes in Colombia.

AICHA RAHAL, of Centrist Democratic International, said that persons displaced because of armed conflicts must benefit from the protection of competent United Nations bodies. Their right to freedom of movement must be protected. Everyone should have the right to leave their country and go back to their own country. These provisions were not being protected in many conflict situations. Centrist Democratic International was worried about what was happening in the Polissario Camps. This was a flagrant denial of the said provisions. As a Sahraoui Moroccan who had been able to go back to her homeland, she could testify about what was happening in the camps. The most abject violations of human rights happened there.

MALIKA KRITI, of Union de l’action feminine said that the Human Rights Council had been established to maintain the dignity of man. It gave them strength and helped them to resuscitate hope. Restrictions imposed on humans were human rights violations. Separatist movements increasingly used forced kidnappings to destabilize peace and security. Separatist movements used kidnappings and hostages to get financial compensations. The Polissario had kidnapped tourists and transferred them to Al-Qaida. They had also arrested people only because these said they were from Morocco. All kidnapped persons should be freed.

Right of Reply

HABIB MIKAYILLI (Azerbaijan), speaking in a right of reply, said with regard to the remark made in the statement by Armenia today during the general debate, this stemmed from the political agenda which politicised the discussion, and Azerbaijan wished to state that the Armenian delegate referred to the report of the Office of the High Commissioner for Human Rights on persons belonging to minorities, stating that the Committee on the Elimination of Racial Discrimination had noted the lack of information on how the Government was providing instruction for the ethnic Armenians living in Azerbaijan in their native language. Despite the conflict, ethnic Armenians still lived in Azerbaijan, and were being provided with education. There were no ethnic Azerbaijanis in Armenia, as they had all been expelled.

HASNIA MARKUS (Libya), speaking in a right of reply, said that the statements heard by the Council today contained allegations and lies which were very far from the truth. The Libyan judicial system had already taken its decisions on this issue.

VAHEH GEVORGYAN (Armenia), speaking in a right of reply, said that, with regard to the intervention of Azerbaijan, Armenia had been unjustly blamed for the politicization of the agenda item currently under consideration. If the Azerbaijani delegation was not comfortable with the relevant conclusions of the Committee on the Elimination of Racial Discrimination that were included in the High Commissioner’s report, they should address the Office of the High Commissioner for Human Rights directly and not blame Armenia for this.

HABIB MIKAYILLI (Azerbaijan), speaking in a second right of reply, said with regard to the same report to which Armenia had referred, Armenia should focus on its own human rights record, such as in paragraph 53 of the report in which the Committee referred to the high level of dropouts of ethnic girls from school. It was strange that Armenia blamed Azerbaijan, when they had expelled all Azerbaijanis from Armenian territory and conducted ethnic cleansing.

VAHEH GEVORGYAN (Armenia), speaking in a second right of reply, asked Azerbaijan to read the statement in which the speaker had already referred to the point and said that in his statement the point 53 was fully revealed. Armenia said it would make no further comments on the statements regarding the Nagorno-Karabakh conflict.

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1Joint statement on behalf of: Soka Gakkai International, Human Rights Education Associates, Equitas International Centre for Human Rights Education, Soroptimist International, Asian Forum for Human Rights and Development (Forum-Asia), Association Points-Coeur, Pax Christi International, International Catholic Peace Movement, International Organization for the Elimination of all Forms of Racial Discrimination (EAFORD), International Network for the Prevention of Elder Abuse, Planetary Association for Clean Energy, Worldwide Organization for Women, Sovereign Military Order of the Temple of Jerusalem, Institute for Planetary Synthesis, International Alliance of Women, Al-Hakim Foundation, International Catholic Child Bureau, CIVICUS - World Alliance for Citizen Participation, Women's World Summit Foundation, International Movement against all Forms of Discrimination and Racism (IMADR), International Organization for the Right to Education and Freedom of Education (OIDEL) and Asia-Pacific Human Rights Information Center.