Deputy High Commissioner presents Thematic Report by the Office of the High Commissioner and the Secretary-General

Human Rights Council
MORNING

4 March 2011

Council Hears Address by President of Italy

The Human Rights Council this morning heard a presentation from the Deputy High Commissioner for Human Rights of a series of thematic reports by the Office of the High Commissioner for Human Rights and the United Nations Secretary-General, which was followed by a general debate on the reports. The Council also heard an address by
Giorgio Napolitano, the President of Italy.

Mr. Napolitano said that human rights had progressively become a paramount pillar of international relations and massive infringements of human rights made a regime illegitimate and placed it out of the community of States. Italy’s thoughts were with the suffering of the Libyan people and it would like them to know that they should stand for freedom and true democracy and that Italy was fully behind the United Nations Security Council’s call for a swift end to the Libyan tragedy and the powerful message sent to Tripoli by the General Assembly to suspend Libya from this body. Violence against the Libyan people could not be tolerated and Colonel Ghaddafi must stop any military action against his own people. One major human rights issue that the European Union and Italy in particular faced was the successful integration of migrants. The Council must remain vigilant to the unfolding of human rights violations around the world and ensure that it would assist those countries on the path to recovery and reconstruction.

Kyung-wa Kang, United Nations Deputy High Commissioner for Human Rights, said before the Council was the report of the Secretary-General on the activities of the United Nations Voluntary Fund for Victims of Torture, and the report reviewing the implementation of the 2010 joint workplan of the Division for the Advancement of Women, now part of UN Women, and the Office of the High Commissioner for Human Rights. The Council had before it two compilations, one of United Nation’s manuals, guidelines, training materials and other tools on minority issues and another of references to paragraphs containing conclusions and recommendations in reports of Special Procedures. There was also a thematic study on the role played by the international community in support of national efforts for the realisation of the Convention on the Rights of Persons with Disabilities.

Ms. Kang said there was also the report of the High Commissioner on the rights of persons belonging to national or ethnic, religious and linguistic minorities; the High Commissioner’s report on the protection of human rights and fundamental freedoms while countering terrorism; the report of the Secretary-General on the protection of human rights in the context of HIV/AIDS; two reports regarding national human rights institutions; and the High Commissioner’s report on the composition of the Office of the High Commissioner for Human Rights staff.

In the general debate on the reports of the Office of the High Commissioner for Human Rights and the Secretary-General, speakers said, concerning the report on the protection of human rights and fundamental freedoms while countering terrorism, that in the Council the rights of victims of terrorism had been left out. The right of persons with disabilities was a priority for a number of speakers who said it was now time to study the contributions of the international community without sidelining national efforts. Concerning the report of the Secretary-General on the protection of human rights in the context of HIV/AIDS, speakers confirmed that human rights were essential pillars of the HIV/AIDS response, and highlighted the need for greater inclusion of key populations such as sex workers, persons with disabilities or migrant workers. The report should have given greater attention to access to medicines, which was an essential element of the realisation of the right to health.

Concerning the report on the composition of the staff of the Office of the High Commissioner, one speaker said that imbalances still existed. A speaker was concerned that the Office still did not have specific targets to reduce imbalance in the geographical distribution of the staff and requested the High Commissioner to share information about her plans to formulate specific targets and deadlines on this question. National human rights institutions consistent with the Paris Principles should be empowered to play a more active role in the Council, since these institutions performed a considerable role regionally by monitoring and reporting on human rights conditions.

At the beginning of the meeting this morning, Sihasak Phuangketkeow, President of the Human Rights Council appraised the Member States of deliberations of the Bureau concerning the suspension of Libya from membership of the Human Rights Council and said that it meant that Libya would be deprived of the rights of a member. The suspension however would not affect other rights of Libya as a member of the United Nations.

Speaking in the general debate on the reports of the Office of the High Commissioner for Human Rights and the reports of the Secretary-General were Hungary on behalf of the European Union, Spain, Russian Federation, Qatar, Brazil, Maldives, Cuba, Iran, India, Australia, Nepal and Costa Rica. Also speaking was the Joint United Nations Programme on HIV/AIDS.

The Advisory Council on Human Rights of Morocco took the floor, as did the following non-governmental organizations: Comunità Papa Giovanni XXIII, International Humanist and Ethical Union, International Human Rights Association of American Minorities, International Association for Democracy in Africa, United Schools International, International Club for Peace Research, North-South XXI, International Institute for Peace, Commission to Study the Organisation of Peace, Indian Movement Tupaj Amaru, Liberation, International Islamic Federation of Student Organisations, Tchad agir pour l’environment, UN Watch, Comité International pour le Respect at l’Application de la Charte Africaine des Droits del’Homme et des Peuples, and Action Internationale pour la Paix et le Développement dans la Region des Grand Lacs.

At 3 p.m. this afternoon, the Council will hold a panel discussion on the human rights of persons with disabilities.

Statement by the President of Italy

GIOGRIO NAPOLITANO, President of Italy, said that human rights had progressively become a paramount pillar of international relations and massive infringements of human rights made a regime illegitimate and placed it out of the community of States. Italy’s thoughts were with the suffering of the Libyan people and it would like them to know that they should stand for freedom and true democracy and that Italy was fully behind the United Nations Security Council’s call for a swift end to the Libyan tragedy and the powerful message sent to Tripoli by the General Assembly to suspend Libya from this body. Italy looked forward to the day that Libya resumed its place in the Human Rights Council as soon as its people and Government were able to establish the necessary standards and conditions. Violence against the Libyan people could not be tolerated and Colonel Ghaddafi must stop any military action against his own people.

Italy praised the outstanding work relayed by the High Commissioner for Human Rights and her Office, and the work of the Member States of the Council who were entrusted a common responsibility. Italy urged members to resist the temptation to point fingers at each other; differences should be overcome by building mutual confidence through constant dialogue and positive actions.

Italy would celebrate its 150th anniversary and the same foundations that had inspired the Italian Constitution were also the ones that the Human Rights Council was built on. Italy was one of the founding fathers of today’s European Union and the expansion of European integration had been based on the values of peace, solidarity, democracy and human rights as enshrined in the Charter of Fundamental Rights. One major human rights issue that the European Union and Italy in particular faced was the successful integration of migrants; in the past decade immigrant residents in Italy had increased by almost 250 per cent to reach 7 per cent of the total population. Immigrants would become a positive force if they were given the opportunity to fully participate in the social, economic and cultural life and they obeyed the rule of law.

The main human rights priorities that had inspired Italy included religious freedom, which guaranteed identity and self-confidence and eliminated the perception of hostility and threats. It was essential to reject all forms of religious intolerance and discrimination. Italy expressed its deep condolences to the Pakistani people for the tragic loss of Minorities Minister Shabbaz Bhatti. Special protections should be made for women and girls and all minors who were vulnerable to violence and the lack of equality, development and female empowerment. Italy actively supported the Security Council’s resolutions on women, peace and security and the rights of the child. Italy remained committed to the abolition of the death penalty and was glad to see a growing trend in this direction by the international community. The Council must remain vigilant to the unfolding of human rights violations around the world and must ensure that it would assist those countries on the path to recovery and reconstruction where there was a need for justice, healing, national reconciliation and a process of institution building which would await the liberated peoples and their new democratic governments.

Statement by the President

SIHASAK PHUANGKETKEOW, President of the Human Rights Council, in opening remarks appraised the Member States of the deliberations of the last Bureau meeting. The Bureau discussed the implications of suspension of the rights of membership in the Human Rights Council of Libya as decided by the General Assembly. Taking into account the view of the Office of Legal Affairs, the Bureau considered that “suspension of the rights of membership” meant that Libya would be deprived of prerogatives of the membership of the Council such as the right to vote, the right to participate in procedural debate, right to elect officers, privilege in the list of speaker and speaking time, right to participate in closed meetings of the Council (e.g. for the consideration of the report of the Complaint Procedure), and right to request or support special sessions. However, this should not affect other rights of Libya as a member of the United Nations. Questions were also raised on other implications that may arise, on which the Bureau would continue to consult with relevant parties, particularly the African Group. In light of the current situation, the Bureau also agreed to the proposal to postpone the consideration of the Universal Periodic Review report of Libya to the seventeenth session tentatively. The President said he had also informed the Bureau about his intention to proceed as soon as possible on the appointment of three members of the commission of inquiry pursuant to the Council resolution on the human rights situation in Libya, in consultation with the parties concerned.

Documents

The Annual Report of the High Commissioner for Human Rights, (A/HRC/16/20), provides an update of the activities undertaken by the Office of the United Nations High Commissioner for Human Rights (OHCHR) since its reports in 2010 to the Human Rights Council (A/HRC/13/26) and to the General Assembly (A/65/36). It focuses on implementation of the six thematic priorities established by the Office for 2010/11.

The Report of the High Commissioner on the Activities of her Office in Bolivia, (A/HRC/16/20/Add.1), is currently unavailable.

The Report of the High Commissioner on the Activities of her Office in Cyprus, (A/HRC/16/20/Add.2), is currently unavailable.

The Report of the Office of the United Nations High Commissioner for Human Rights: Compilation of United Nations manuals, guides, training material and other tools on minority issues, (A/HRC/16/29), is submitted pursuant to Human Rights Council resolution 13/12 of 25 March 2010 which requested the Office of the United Nations High Commissioner for Human Rights to prepare a compilation of United Nations’ manuals, guides, training material and other tools dealing with minority issues. Various United Nations entities have published methodological material which can provide useful guidance in the promotion and protection of the rights of minorities. This report provides summaries of the essential contents of such material.

Report of the Secretary-General containing conclusions and recommendations by special procedures, (A/HRC/16/30), is a list of conclusions and recommendations of special procedures contained in reports issued in 2010 and submitted to the Human Rights Council at its thirteenth, fourteenth and fifteenth sessions.

Report by the Secretary-General on the United Nations Voluntary Fund for Victims of Torture, (A/HRC/16/31), presents updated information on the activities of the United Nations Voluntary Fund for Victims of Torture, and in particular on the recommendations adopted by the Board of Trustees of the Fund at its thirty-third session, held in Geneva from 18 to 22 October 2010. The United Nations High Commissioner for Human Rights approved the recommendations on behalf of the Secretary-General. The present note will be complemented by the report of the Secretary- General on the activities of the Fund, to be submitted to the General Assembly at its sixty-sixth session, detailing the outcomes of the thirty-third and thirty-fourth sessions of the Board of Trustees.

Report of the Secretary-General on measures taken to implement resolution 9/8 on obstacles to its implementation , including recommendations for further improving the effectiveness, harmonizing and reforming the treaty body system, (A/HRC/16/32), briefly highlights the most recent developments regarding Human Rights Council resolution 9/8 entitled “Effective implementation of international human rights instruments”, in which the Human Rights Council requested the Secretary-General to report annually on measures taken to implement that resolution and on obstacles to its implementation, including recommendations for further improving the effectiveness of, harmonizing, and reforming the treaty body system.

The Report of the Secretary-General on the joint work plan of the Division for the Advancement of Women and OHCHR, (A/HRC/16/33), provides a review of the cooperation between the Division for the Advancement of Women, now part of the newly established United Nations Entity for Gender Equality and the Empowerment of Women (UN Women), and the Office of the High Commissioner for Human Rights. It also indicates a commitment to maintain and strengthen cooperation between the Office of the United Nations High Commissioner for Human Rights and UN Women.

Note by the Secretary-General on: Report of the United Nations Development Fund for Women on the activities of the fund to eliminate violence against women, (A/HRC/16/34), provides a review of the activities of the United Nations Trust Fund in Support of Actions to Eliminate Violence against Women, an interagency grant-making mechanism, as well as a review of programming by the United Nations Development Fund for Women, now part of UN Women, on ending violence against women.

The Report of the High Commissioner on the composition of the staff of the Office of the United Nations High Commissioner for Human Rights, (A/HRC/16/35), focuses on further measures taken to correct the imbalance in geographical composition of the staff of the Office.

The Report of the Office of the United Nations High Commissioner for Human Rights on the workshop on traditional values of humankind, (A/HRC/16/37), contains a summary of the discussions held during the workshop on traditional values and human rights, which was held in Geneva, on 4 October 2010, in accordance with Human Rights Council resolution 12/21. The workshop, which was opened by the United Nations High Commissioner for Human Rights, saw the participation of experts representing different civilizations and legal systems, as well as delegates from interested States, academics and intergovernmental and civil society organizations.

The Thematic Study by the Office of the United Nations High Commissioner for Human Rights on the role of international cooperation in support of national efforts for the realization of the rights of persons with disabilities, (A/HRC/16/38), focuses on the role of international cooperation in realizing the rights of persons with disabilities. It analyzes international cooperation under the Convention on the Rights of Persons with Disabilities, sets out examples of international cooperation involving States, international and regional organizations and civil society organizations and identifies challenges to international cooperation.

The Report of the Office of the United Nations High Commissioner for Human Rights on rights of persons belonging to national or ethnic, religious and linguistic minorities, (A/HRC/16/39), provides a summary of the main developments in the work of United Nations human rights bodies and mechanisms and of the activities undertaken by the Office of the United Nations High Commissioner for Human Rights, at Headquarters and in the field, that contribute to the promotion and implementation of rights provided for under the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities.

The Report of the Office of the United Nations High Commissioner for Human Rights on the protection of human rights and fundamental freedoms while countering terrorism, (A/HRC/16/50), highlights recent developments including the reaffirmation by the General Assembly of the United Nations Global Counter-Terrorism Strategy, activities of the Counter-Terrorism Implementation Task Force, the Security Council Committee established pursuant to resolution 1373 (2001) concerning counter-terrorism (Counter-Terrorism Committee) and its Executive Directorate, and other developments related to the regulation of private military and security companies.

The Report of High Commissioner: Summary of the full day meeting on the rights of the child, (A/HRC/16/55), is submitted pursuant to Human Rights Council resolution 13/20 of 26 March 2010 on the rights of the child, in which the Council requested the United Nations High Commissioner for Human Rights to prepare a summary of the full-day meeting on the rights of the child, as a follow-up to paragraph 7 of Council resolution 7/29 of 28 March 2008. The report contains a summary of the discussions held on 10 March 2010 during the annual full day of discussion on the fight against sexual violence against children.

The Report of the Secretary-General on advisory services and technical cooperation in the field of human rights, (A/HRC/16/66), is an annual report on technical cooperation in the field of human rights, reflecting the discussions of the Board of Trustees of the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights.

The Report of the Secretary-General: Analytical Study on the steps taken to Promote and Implement programmes to address HIV/AIDS-related human rights, (A/HRC/16/69), reports some success in strengthening human rights elements of national HIV responses, but also many deep and politically difficult challenges yet to be overcome. Protection from HIV-related discrimination is embodied in national AIDS strategies and national laws, but discrimination remains widespread in many sectors of society. Discrimination is linked closely to HIV-related stigma, which is in turn linked to both fear and ignorance regarding modes of transmission of HIV and to association of HIV with behaviours that are criminalized or considered “immoral”. There is increasing knowledge of programmes that can work to reduce HIV-related stigma, however such programmes are often not funded or implemented at a scale necessary to make a significant difference.

Note by the Secretariat: Special Fund established by the OPCAT, (A/HRC/16/74), provides information on the status of the Special Fund established by the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

The Report of the Secretary-General on national institutions for the promotion and protection of human rights, (A/HRC/16/76), highlights the main achievements, challenges and priorities at the national level regarding the establishment and strengthening of national human rights institutions. The activities of national human rights institutions on thematic issues, such as business and human rights, torture prevention, the rights of migrants and persons in mobility and the rights of indigenous peoples are also discussed.

The Report of the Secretary-General on the process currently utilized by the ICC of National Institutions to accredit national institutions in compliance with the Paris Principles, (A/HRC/16/77), contains information on the activities carried out by the Subcommittee on Accreditation of the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights, in considering and reviewing applications for accreditation and carrying out re-accreditation and accreditation reviews of national human rights institutions. It also contains detailed information on the development of the general observations of the Subcommittee, aimed at a more rigorous but at the same time fairer and more transparent accreditation and review process.

Statement by the Deputy High Commissioner for Human Rights

KYUNG-WA KANG, United Nations Deputy High Commissioner for Human Rights, said before the Council was the Secretary-General’s report on the effective implementation of international human rights instruments, which called for recommendations regarding ways to improve the effectiveness of treaty bodies and to foster harmonisation and reform of the system. There was also the report of the Secretary-General on the activities of the United Nations Voluntary Fund for Victims of Torture, and the report on the operations and the financial status of the Special Fund established by the Optional Protocol to Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment. The High Commissioner presented a report containing a summary of the full-day meeting on the rights of the child at the thirteenth session of the Human Rights Council. The Council had before it two compilations, one of United Nation’s manuals, guidelines, training materials and other tools on minority issues and another of references to paragraphs containing conclusions and recommendations in reports of Special Procedures. There was also the report of Secretary-General that reviewed the implementation of the 2010 joint workplan of the Division for the Advancement of Women, now part of UN Women, and the Office of the High Commissioner for Human Rights, and a note of the Secretary-General on the progress and achievements of the United Nations Trust Fund in Support of Actions to Eliminate Violence against Women. The High Commissioner also presented the report on discussions held at the workshop in traditional values of humankind which took place in October 2010 in Geneva.

There was a thematic study by the Office to enhance awareness of the role played by international cooperation in support of national efforts for the realisation of the purpose and objectives of the Convention on the Rights of Persons with Disabilities, which set out examples of international cooperation and identified challenges such as ensuring the development cooperation was inclusive of and accessible to persons with disabilities. The report of the High Commissioner on the rights of persons belonging to national or ethnic, religious and linguistic minorities summarized main activities of the Office and underscored the shortcomings in measures adopted by States to fulfil the requirements of the Declaration. Problems affecting minority communities were often linked to violations of the fundamental principle of non-discrimination. The Deputy High Commissioner then turned to the High Commissioner’s report on the protection of human rights and fundamental freedoms while countering terrorism, which described recent developments concerning counter-terrorism and other issues related to the regulation of private military and security companies. The erosion of respect for due process, including the right to a fair trial, remained a deep concern. Also before the Council was the report of the Secretary-General on the protection of human rights in the context of HIV/AIDS, which in fact was an analytical study on steps taken to promote and implement programmes to address HIV/AIDS-related human rights. It indicated that many politically difficult challenges remained, such as stigma and discrimination, or structural risks and exclusion faced by specific groups such as sex workers, transgender persons, prisoners and migrants and others.

The report of the Secretary-General on advisory services and technical cooperation in the field of human rights presented an account of progress and concrete achievements made by the Office of the High Commissioner for Human Rights in this area. Two reports were submitted regarding national human rights institutions. The report of the Secretary-General on National Institutions for the Promotion and Protection of Human Rights contained information on the activities taken by the Office to establish and strengthen national human rights institutions and to support the International Coordination Committee of National Human Rights Institutions to accredit national institutions in compliance with the Paris Principles. Ms. Kang said the High Commissioner’s report on the composition of the Office of the High Commissioner for Human Rights staff detailed noticeable and sustained progress on increasing geographic diversity of the staff of the Office while maintaining professional competence.

General Debate on the Annual Report of the High Commissioner for Human Rights and Reports of the Office of the High Commissioner and the Secretary-General

ANDRAS DEKANY (Hungary), speaking on behalf of the European Union, thanked the Deputy High Commissioner for the presentation of the thematic reports. The important tasks carried out by the treaty bodies and Special Procedures were essentially the main pillars of success for the human rights protection system. This accomplishment remained highly determined by their ability to function with strict impartiality and independence. Hungary took note with interest of the informal technical consultations to be held in May for States parties on the strengthening of the treaty bodies system.

The Principles relating to the Status of National Human Rights Institutions adopted by the General Assembly resolution 48/134 were essential guidelines to strengthen national human rights protection systems worldwide. The European Union warmly welcomed the steady progress of accredited national human rights institutions in accordance with the Paris Principles. The European Union believed that national human rights institutions consistent with the Paris Principles should be empowered to play a more active role in the Council.

JAVIER GARRIGUES (Spain) said Spain thanked the High Commissioner for her thematic reports that were presented to the Council and reaffirmed its commitment to cooperation with the treaty bodies. It was now time to strengthen the treaty bodies in order to ensure that they worked more effectively and in cooperation with the Universal Periodic Review process. It was equally important to maintain their independence and neutrality. The role of national human rights institutions in accordance with the Paris Principles should be strengthened. Turning to the report on the protection of human rights while countering terrorism, Spain said there could be no shortcuts in fighting terrorism. Spain believed that in the Council the rights of victims of terrorism had been left out, and that was why Spain with several other countries would be holding a side event on this. The rights of persons with disabilities were a priority for Spain and it was now time to study the contribution of the international community without sidelining national efforts. Spanish cooperation included persons with disabilities, by including them in cross-cutting issues, and Spanish cooperation agencies agreed with associations of persons with disabilities to study this issue.

VLADIMIR ZHEGLOV (Russia) said that Russia called upon all delegations to pay due attention to the report on the workshop on human values and its premise that positive, cultural and religious traditions could and should be used to advance human rights. Russia would like to highlight that human rights had a moral and ethical dimension which were common to all peoples and that all cultures shared a common set of values that belonged to humankind. Three such values had been identified: dignity, freedom and responsibility which had all been enshrined in the Universal Declaration of Human Rights. Russia would submit a resolution on human rights values to this Council and urged all Member States to support it.

KHALID FAHAD AL-HAJRI (Qatar) addressed thanks and appreciation to the High Commissioner for Human Rights for her reports. The reports of the High Commissioner reflected how much attention she devoted to priority issues such as migrants, the elderly, the food crisis and climate changes. Despite all this progress the world was still witnessing violations of human rights and racism and xenophobia were taking new forms. Discrimination in the Middle East constituted an obstacle for the enjoyment of human rights, in particular civil and political rights. Qatar supported the activities to celebrate the tenth anniversary of the Durban Declaration and Programme of Action and supported the holding of a workshop to stop discrimination and hatred. Qatar rejected any foreign intervention in countries. The right to development was one of Qatar’s priorities and they hoped that the commemoration of the twenty-fifth anniversary of this Declaration would be an occasion to energize this right.

CIRO LEAL MARTINS DA CUNHA (Brazil) said that human rights were essential pillars of the HIV/AIDS response, especially the achievement of universal access to HIV prevention, treatment, care and support. There was need for greater participation of civil society and a gender perspective remained critical for effective prevention, treatment and care. Key populations such as men who had sex with men and sex workers should receive greater attention, together with persons with disabilities and migrant workers. Access to medicines were an essential element of the realisation of the right to health and Brazil considered that the report of the Secretary-General should have given greater attention to the need to ensure access to affordable retrovirals. This concern was at the core of a human rights-based approach to HIV/AIDS. Brazil would be presenting during this session a draft resolution on the protection of human rights in the context of HIV/AIDS which would focus on access to health and non-discrimination.

IRUTHISHAM ADAM (Maldives) said the Maldives welcomed the High Commissioner’s Report on Technical Cooperation and Advisory Service in Nepal. The Maldives congratulated Nepal for the steps it had taken to improve the lives of its citizens since 2006 and looked forward to the full realization of human rights for the Nepalese people. The Maldives supported the prevention of violence against women. One in three Maldives women aged 14 to 49 experienced sexual violence in their lives. The Government appreciated the work done to improve the coordination between treaty bodies and was a party to all but one human rights convention. The Maldives shouldered the heavy burden of timely treaty reporting and supported a comprehensive, harmonized treaty reporting mechanism.

LUIS AMOROS NUNEZ (Cuba) thanked the Deputy High Commissioner for the presentation of the thematic reports which were useful to guide their work and welcomed the efforts of the High Commissioner to reduce the imbalance in the geographic representation among the staff of the Office of the High Commissioner for Human Rights. However, Cuba pointed out that this imbalance still existed. Cuba shared the concern at the challenges that the expansion of treaties bodes implied and hoped that in this process the uniqueness of each treaty body would be taken into account. In conclusion, Cuba said that the Council should maintain the exclusive path of cooperation with these bodies and that they were sure that with the intergovernmental discussions they would have good results.

MOHAMMAD ZOREIAN (Iran) said Iran attached great importance to the role of the human rights instruments and the related treaty body system in maximizing the observance and implementation of human rights norms and commitments. Considering the principles of universality, indivisibility and interrelatedness of all economic, social, cultural, civil and political rights, the human rights treaty bodies should appropriately emphasise different aspects of human rights. To this end, Iran said that the national and domestic particularities, the level of development and existing internal infrastructures, and the barriers which could affect the natural development of countries such as embargos, internal armed conflicts, wars and foreign occupation, should be considered.

The treaty body system for monitoring international human rights instruments was one of the most important achievements of the United Nations human rights mechanism. In this regard, Iran had extended continuous and full cooperation to the then Centre for Human Rights and the Office of the High Commissioner for Human Rights. Concerning the obligations in respect of the international instruments, the second periodic report of Iran on the International Covenant on Economic, Social and Cultural Rights and the third periodic report on the International Covenant on Civil and Political Rights had been submitted to their respective bodies in 2009.

GOPINATHAN ACHAMKULANGARE (India), addressing the High Commissioner’s report on the composition of the staff of the Office of the High Commissioner for Human Rights, said that India was deeply concerned that the Office still did not have specific targets to reduce the imbalance in the geographical distribution of the staff and requested the High Commissioner to share information about her plans to formulate specific targets and deadlines on this question. In the absence of those targets, India remained unconvinced about the sustainability of the limited progress that had been achieved over the past four years. India further requested additional information from the High Commissioner on the plans to address the issue of the recruitment for Associate Experts of Junior Professional Officers, and about the geographic composition for the final results of the last National Competitive Recruitment Examination in respect of Office of the High Commissioner for Human Rights.

ALEXANDER SMITH (Australia) said that Australia welcomed the report on National Institutions for the Protection and Promotion of Human Rights and said that these institutions performed a considerable role throughout the Asia Pacific region by monitoring and reporting on human rights conditions. Australia supported the work of the United Nations Trust Fund on actions to eliminate violence against women which was both a symptom and cause of gender inequality and particularly welcomed the establishment of the new agency United Nations Women to work in the areas of human rights, peace and security and trafficking. Australia had developed a 12 year commitment to address instances of sexual violence against women and children.

DINESH BHATTARAI (Nepal) said that in line with the mandate of the People’s Movement, and the peace process that started in 2006, the commitment of the Government to uphold the highest standards of human rights remained unwavering. One of these standards was the upgrading of the National Human Rights Commission that was established in the year 2000 as a statutory body to the constitutional status. The National Human Rights Commission was an autonomous institution by all standards. Like other constitutional organs and bodies, their expenditures were met from the consolidated fund of the Government, which was not controlled by the executive’s budgetary regulations. This was indeed a financial autonomy by any standards. As far as the question of appointing administrative personnel was concerned, the regular administrative staff members were selected through competition at the national level by another constitutional body called the Public Service Commission. The National Human Rights Commission had an authority to appoint its experts.

JASON SIGURDSON, of Joint United Nations Programme on HIV/AIDS, said that 2011 marked 30 years of AIDS response. While the world had initially been slow to respond to the epidemic, at least 56 countries had stabilised or reduced new HIV infections. New HIV infections among babies had dropped by 25 per cent, which represented a major step toward achieving virtual elimination of mother-to-child transmission by 2015. While the gains were real, not everyone in need had been reached. More than ten million people were awaiting treatment and stigma, discrimination, homophobia and gender inequality remained widespread. Where HIV-related stigma, inequality and violence persisted, the global response would fall short of the transformations required to reach the vision of zero HIV infection, zero AIDS-related deaths and zero discrimination. In December 2010 the Board of the Joint United Nations Programme on HIV/AIDS had adopted a new five-year strategy that made human rights and gender equality one of its three pillars, on par with revolutionising HIV prevention and catalyzing the next phase of treatment, care and support.

ABDELWAHED EL ATIR, of Advisory Council on Human Rights of Morocco, said that the Advisory Council on Human Rights of Morocco supported the meeting on treaty bodies. The Marrakesh declaration was adopted in response to the call in 2009 to invite a streamlining and strengthening of the treaty body systems. The Advisory Council on Human Rights of Morocco would hold the seventh Arab National Human Rights Meeting on Monitoring National Human Rights Institutions.

STEFANO NOBILE, of Associazione Comunita Papa Giovanni XXIII, in a joint statement with several NGOs1, said that there were 2.5 million HIV positive children; over 700,000 urgently needed antiretroviral therapy and only 250,000 received it; 50 per cent of children died before their second year of age and 90 per cent of HIV infected infants were born to mothers who were never tested and never received PMTCT prophylaxis. Recommended governments should invest in innovative financing mechanisms to promote research on child testing and drugs, increase efforts to achieve Millennium Development Goals four and five and negotiate with pharmaceutical industries to make medicines available at the lowest cost.

ROY BROWN, of International Humanist and Ethical Union, said that they found it deeply troubling that the reports from the Office of the High Commissioner had largely overlooked the worldwide phenomenon of corruption and its devastating impact on the lives of the world’s poorest people. International Humanist and Ethical Union referred to their report on this subject A/HRC/16/NGO/93. Kofi Annan had referred to corruption as an “insidious plague”, that “undermines democracy and the rule of law, leads to violation of human rights, distorts markets, erodes the equality of life and allows organized crime, terrorism, and other threats to human rights security to flourish”.

Corrupt governments tended to spend government resources on projects which were capital intensive in order to maximize their bribe receipts. International Humanist and Ethical Union urged States to address corruption as a matter of urgency, and to criminalize the use of their financial institutions for transactions related to corruption, and it urged all States that had not yet done so to sign and ratify the United Nations Convention Against Corruption.

ISHTIYAQ HAMEED, of International Human Rights Association of America Minorities, noted that 2010 was another busy year for the Office of the High Commissioner for Human Rights and relevant mechanisms offered their thanks to all of the staff who they knew worked very hard with limited resources to achieve the positive results that they all strove for. While the International Human Rights Association of American Minorities praised the work of the Office of the High Commissioner for Human Rights, and that work was increasing respect for human rights globally, they pointed out that they would like to see more attention paid to those situations that had been ongoing for years or even decades.

VISHAL SHAH, of International Association for Democracy in Africa, said that this week Pakistan’s Minister for Religious Minorities had been killed by Islamist militants and earlier this year Punjab’s Governor had been killed by a body guard. How did the Government of Pakistan react to the Governor’s murder, the International Association for Democracy in Africa asked? The Pakistani Government as well as other governments had failed to take sufficient steps to halt the repression and discrimination against religious minorities.

GAYATSI CHORAGUDI, of United Schools International, said that it went without saying that children were among the most vulnerable and the impact of armed conflict on children and their rights was of great concern. Food, shelter and education ceased functioning when children became refugees or internally displaced persons. Many get separated from their parents and were more vulnerable to sexual violence and sexual abuse. United Schools International was deeply concerned by the persistent and forced recruitment of child soldiers in Pakistan and further exposure of children to drugs.

JOSEPH ANAND, of International Club for Peace Research, expressed its appreciation for the Counter Terrorism Implementation Task Force which played a crucial role in facilitating and promoting coordination and coherence in the implementation of the Global Strategy. Regimes in Pakistan and other such countries must be made to understand that submission to pressures of fundamentalists in the name of purity of religious values, keeping silent on so called Jihad non Muslims and justifying terrorism as a fight for self-determination could not be justified.

CURTIS DOEBBLER, of North-South XXI, welcomed the report and the commitment of the High Commissioner’s Office especially against combating discrimination and would like to see more diversity in the Office of the High Commissioner including an inclusion of civil society outside of Europe into the Council’s work as there would be much to learn from people who had been demanding their fundamental rights around the world. North South XXI would also like to see the High Commissioner more involved in climate change.

Mr. V. K. GUPTA, of International Institute for Peace, said that one of the issues that the High Commissioner said was becoming of prime concern, particularly for developing countries, was the increasing cost and sometime the non-availability of basic foodstuffs. Malnutrition in children was a matter that should concern all because it would lead to the creation of a weaker future generation. But the frustrations born of hunger and deprivation could easily translate into violence as had often been witnessed in countries where inflationary pressures had resulted in food riots. The International Institute for Peace focused on the right to food. Over the past three decades developing countries had noticed a major under-investment in the agriculture sector, particularly because farming was no longer considered attractive by a more educated and mobile younger population and also because industrialization and urbanization had reduced the profitability of agriculture.

PRAVEEN GAJJALA, of Commission to Study the Organization of Peace, welcomed the work done by the High Commissioner for Human Rights. The High Commissioner for Human Rights was absolutely correct in her observation that discrimination remained a persistent obstacle to the realization of human rights and the empowerment of the vulnerable. One such group was women. The report prepared by the High Commissioner’s Office for the Council which led to the adoption of a resolution at its fifteenth session was very significant. They took this opportunity to bring to the notice of the High Commissioner the plight of the women who were victims of militancy, terrorism, and fundamentalism, and were living as “half-widows”.

LAZARO PARY, of Indian Movement Tupaj Amaru, said that this session of the Human Rights Council would be remembered by the great protest movements in the Arab world that had led to the fall of retrograde leadership. The causes of this amazing social phenomenon could be found in high rates of unemployment, poverty, and the demand for freedom. More than 300 demonstrators had died in Egypt, killed by weapons that Western governments, particularly Washington, every year provided to dictators all over the world. They did not have much interest in human lives, turned a blind eye to corruption and theft and pursued the interest for oil reserves and resources to fuel high-level lifestyles of their people.

SAEED MOKBIL, of Liberation, concerning the report of the High Commissioner on the strengthening of human rights mechanisms, said Liberation believed that preventive advocacy and early warning on the situation could be another important benchmark. Treaty bodies which had almost doubled in size must remember that the last developments in the Middle East and Northern Africa region helped them realise the fact that their comments and recommendations did not change the situation on the ground.

ALTAF WANI, of International Islamic Federation of Student Organizations, said that the International Islamic Federation of Student Organizations would like to commend the High Commissioner for leading the process of elaboration of guidelines to the Secretary-General on the United Nations approach to transitional justice which provided a right based perspective of transitional justice. It would like to note that the events in Indian-held Jammu and Kashmir should elicit the attention of the Council as over 122 young civilians were killed by the military and paramilitary forces of the government while exercising their right to freedom of expression and freedom of security.

ABDOU LAYE YAYA ALI, of Tchad Agir Pour l'Environnement, said that the recent international attention on African migrants should be dealt with because they were labeled as mercenaries and this hatred and discrimination should be stopped immediately. There were Libyan villages made up of only black Libyans and the High Commissioner should pay attention to this issue and the shameful detention of Chad migrants and make sure that there was a rapid intervention to protect them.

MALUZA WASILUSDIO, of International Committee for the Respect and the Application of the African Charter on Human and Peoples' Rights, congratulated the High Commissioner on the report on the mapping project on violations in the Democratic Republic of Congo. This report gave a unique contribution to combating impunity and the attempt to block it underlined the extremely sensitive nature of this report and the lack of political desire to bring to justice those responsible for humanitarian violations in the Democratic Republic of Congo. The Congolese courts had very few resources and would have difficulties to try those responsible for these violations. Given the lack of independency, political will, and the few resources of the Congolese authorities, these courts were not in a position to judge sexual violence and their resources were clearly insufficient.

HILLEL NEUER, of United Nations Watch, said that the High Commissioner for Human Rights had failed to issue any public statement in response to the well-documented violence against demonstrators in Iran following the June 2009 presidential elections. Her first comment appeared three months after her initial report and video evidence of government-backed paramilitary forces concerning arbitrarily arresting, beating and killings protestors was released. Moreover, her call on the Iranian Government to “release those detained for peaceful protest, to investigate reports of their ill-treatment, and to ensure respect for human rights” was made only as part of her traditional opening speech at the United Nations Human Rights Council session in September 2009. She did not give a press conference and chose not to issue a dedicated statement on the matter.

MAURICE KATALA, of Action internationale pour la paix et le développement dans la région des Grands Lacs (AIPD), said that resources were necessary to deal with human rights situations around the world. The conflicts in the Great Lakes Region had led to the death of eight million Congolese. The system in the Democratic Republic of the Congo was still fragile due to interference from its neighbours. A permanent solution to this conflict must be found through ending the impunity and exploring new strategies for the replacement of failed diplomatic efforts.

CHRISTIAN GUILLERMET-FERNANDEZ (Costa Rica) said that the delegation would like to thank the High Commissioner for the report and said that there should be cooperation in two ways as the experience in Colombia had shown where the open approach of the Government of President Santos had shown a greater cooperation. Costa Rica also wished to highlight the issue of a more equitable geographical distribution of staff and women in the Office of the High Commissioner. United Nations bodies should have balanced nationalities among the staff. Costa Rica supported the Optional Protocol against Torture and in it Article 23 established funding to implement recommendations. The Government had provided a contribution and urged other delegations to make contributions to these funds. The Government would like to see institutional follow up to Special Procedures and their contact with regional offices.
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1Joint statement on behalf of: Associazione Comunita Papa Giovanni XXIII, International Volunteerism Organization for Women, Education and Development (VIDES), Istituto Internazionale Maria Ausiliatrice delle Salesiane di Don Bosco, International Catholic Child Bureau, and Caritas Internationalis (International Confederation of Catholic Charities).

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For use of the information media; not an official record