Human Rights Council hears presentation of thematic reports and starts general debate

Human Rights Council
AFTERNOON

3 June 2011

Concludes Interactive Dialogue on Freedom of Opinion and Expression and on Violence against Women

The Human Rights Council this afternoon heard a presentation by Bacre Ndiaye, Director of the Human Rights Council and Special Procedures Division of the Office of the High Commissioner for Human Rights, of the thematic reports of the Secretary General and the High Commissioner for Human Rights and held a general debate on agenda item two on the annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General, and agenda item three on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development.

The Council also concluded its interactive dialogue with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Rapporteur on violence against women, its causes and consequences.

Bacre Ndiaye, Director of the Human Rights Council and Special Procedures Division of the Office of the High Commissioner for Human Rights, introduced thematic reports by the High Commissioner for Human Rights and the Secretary-General submitted to this session of the Human Rights Council. The report of the High Commissioner on the outcome of the seminar on the right to truth held on 24 and 25 February 2011 summarised the views expressed by the participations in the seminar on the importance of archives as a means to guarantee the right to truth. There was also a report containing a summary of the expert workshop entitled “The elimination of all forms of violence against women – challenges, good practices and opportunities”, which had taken place in Geneva on 24 and 25 November 2010. The report of the High Commissioner on the question of the realisation in all countries of economic, social and cultural rights outlined the activities of the Office of the High Commissioner for Human Rights, treaty bodies and Special Procedures in relation to those rights and also covered the technical assistance activities to States, United Nations agencies and entities civil society and other relevant stakeholders.

Mr. Ndiaye said the summary of the High Commissioner on the full-day meeting on the rights of the child which had dealt with the promotion and protection of the rights of the children living and or working in the street, focused on the root causes and factors leading children to live and work on the street, as well as preventive strategies and responses. The report of the Secretary-General on cooperation with the United Nations, its representatives and mechanisms in the field of human rights had not been submitted due to technical reasons and would be submitted at the eighteenth session. The report of the Secretariat of the Office of the President of the Human Rights Council entitled “Review of the work and functioning of the Human Rights Council” adopted the outcome document of the review process in Geneva.

Speaking in the general debate on agenda items two and three, speakers said they attached the same importance to all human rights and sought to promote economic, social and cultural rights. The right to development was based on equality, nondiscrimination, accountability and other tenets, and speakers looked forward to the full and active participation of States in its promotion. The protection of human rights while intrinsically important also encouraged long-term stability by ensuring free and fair elections, a vibrant civil society, accountable and effective democratic institutions, and responsible regional leadership. Speakers said that the founders of the United Nations gave hope to the post-war world by instilling the principles of equal rights and self-determination of peoples as the first article of the UN Charter. Colonization was incompatible with these covenants, as well as with the UN Charter, which affirmed peoples’ right to self-determination and their right to decide their own social, economic and political systems. Climate change was a product of the irresponsible inaction of industrialized countries. Climate change remained the greatest environmental challenge the world was facing today and it affected directly the enjoyment of human rights, starting with the most fundamental right to life. The effect of climate change was real and visible. Developing countries were the ones feeling the impacts of climate change most keenly, although the situation was not of their making.

The following speakers addressed the Council in the general debate: Hungary on behalf of the European Union, United States, Spain, Pakistan, Russian Federation, Guatemala, Cuba, Argentina, Bangladesh on behalf of a number of countries, Algeria, South Africa, Iran, Holy See, Sovereign Military Order of Malta and Morocco.

The following national human rights institutions and non-governmental organizations also took the floor: National Human Rights Council of the Kingdom of Morocco, Franciscans International, in a joint statement with Pax Romana, Bischofliches Hilfswerk Misereor, and Swiss Catholic Lenten Fund, Conectas Direitos Humanos, France Libertés – Fondation Danielle Mitterrand, Reporters without Borders International, International Educational Development, Liberation, Centre for Human Rights and Peace Advocacy, United Towns Agency for North-South Cooperation, and Tchad Agir pour l’environment.

China spoke in right of reply.

At the beginning of the meeting, the Council concluded its interactive dialogue with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Rapporteur on violence against women, its causes and consequences.

In concluding remarks, Frank La Rue, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, noted that several States had agreed with his approach in compiling the report. The principle was to have access to content and access to services and infrastructure. Access to content meant access to diversity of information in a number of languages and varied cultural content. The Internet should be a common space for the free flow of ideas. It was important to have every single minority and ethnical people represented with no separation by socio-economic background. This would be crucial for the right to information and the right to development. There were pitfalls in terms of cultural dominance on the Internet. The whole world should have the possibility of using the Internet in different scripts and languages, even people with disabilities. There were exceptional moments when use of the Internet should be limited in relation to crime, particularly organized crime such as in Latin America. Those restrictions had to be seen as the exception and not the rule and needed to be carried out in accordance with international law and human rights norms.

Rashida Manjoo, the Special Rapporteur on violence against women, its causes and consequences, in concluding remarks, reminded delegations that the more specific issue of violence against women in the context of conflict would be dealt with by the Council next Friday and commended the efforts for political reform undertaken by Governments in response to her reports. Ms. Manjoo noted that innovative approaches had been ventured in the debate and she urged States to develop further initiatives and approaches on the basis on the principles outlined in her report, as well as sharing best practices. There was a continuum of violence extending across different settings, against different groups and perpetrated by different actors, also in relation to different characteristics and life choices, including family and sexuality. Political will was necessary in order to develop policy and legislative frameworks which effectively addressed the problem of violence against women.

Speaking in the interactive dialogue on freedom of opinion and expression and violence against women were Honduras, Norway, India, Holy See, Bolivarian Republic of Venezuela, India, Denmark, Slovenia, Iraq, Viet Nam, Russian Federation, Bangladesh, Israel, and the Republic of Moldova.

The following national human rights institutions and non-governmental organizations also took the floor: National Human Rights Commission of the Republic of Korea, Society for Threatened Peoples, Human Rights Watch, Canadian HIV/AIDS Legal Network, European Disability Forum, Freedom House, Association of Progressive Communications, MINBUYN-Lawyers for a Democratic Society, Amnesty International, and Reporters without Borders.

At the end of the meeting, Sihasak Phuangketkeow, President of the Human Rights Council, said that the Bureau had decided during its meeting this afternoon that the discussion on the follow-up to the fifteenth Special Session on Libya and the interactive dialogue organized by the Office of the High Commissioner for Human Rights on the human rights situation in Libya would be postponed from Monday, 6 June to Wednesday, 8 June in order to allow for ample time for consultations.

When the Council meets at 10 a.m. on Monday, 6 June, it will conclude its general debate on agenda item two on the annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General, and agenda item three on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development. It will then consider the report of the Intergovernmental Working Group on an Optional Protocol to the Convention to the Rights of the Child on its second session. This will be followed by a general debate on human rights bodies and mechanisms.

Interactive Dialogue on Freedom of Opinion and Expression and on Violence against Women

VERONICA AGUILAR (Ecuador) said Ecuador thanked the Special Rapporteur on violence against women for her report which shed light on a phenomenon which affected all countries around the world. She looked at the issue’s complexity and nuances. Ecuador would like to underscore some of the relevant points in the report. The Special Rapporteur pointed out that for years the issue had been viewed from the vantage point of equality and non discrimination. What was attempted was to correct this inequality through public policies or positive action without solutions being provided to the actual violence against women. There was a need for a holistic approach to combat violence and to deal with systemic discrimination and marginalization. It was this holistic approach that Ecuador was currently implementing with the adoption of laws to combat and condemn violence, as well as combating the causes of discrimination.

ROBERTO FLORES BERMUDEZ (Honduras) said that the indivisibility of human rights meant that respecting the right to freedom of opinion and expression could be a gateway to other human rights. Honduras shared the concern of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression that lack of access to the Internet contributed to the loss of economic opportunities. It was important for education, and thus Honduras implemented a one-child-per-computer programme. Honduras shared embrace of a holistic approach to combating violence against women advocated by the Special Rapporteur on violence against women, its causes and consequences. Honduras had approved plans and policies to prevent violence against women and promote women’s rights, and looked to understand better the relationship between discrimination and violence. Honduras shared the opinion that violence against women could not be solved through a one-size-fits all plan and supported a diverse range of policies and plans in that regard.

MARIA PHILIPPA ROSSI (Norway) noted with regard to the report of the Special Rapporteur on freedom of opinion and expression that over the last few months the international community had been witnessing that social media and the Internet played a key role in mobilizing populations’ calls for democracy. In the Middle East and North Africa people had demonstrated their will to fight for justice, equality, accountability and better respect for human rights. Norway had also noted that some States had tried to shut down Internet access during times of political unrest. Norway asked the Special Rapporteur to elaborate on what more could be done to make sure that all States maintained Internet access, including in times of political unrest. On violence against women, Norway supported the Special Rapporteur’s emphasis on women’s access to economic inependence and social and political empowerment as a prerequisite for fulfillment of human rights. Gender equality was contingent upon the realization of women’s sexual and reproductive rights, including respect for women’s freedom of choice and self determination. Efforts to mobilize boys and men were essential in the fight against gender based violence.

SILVANO M. TOMASI (Holy See) said the Holy See noted that the root problem of violence against women derived from the view of women that ignored or rejected their equality and dignity, a problem which remained a tragic reality. Amidst the prevalence of rape, human trafficking and sexual exploitation, the Holy See noted with concern that some legal systems and traditions still condoned these instances of violence. Negative treatment of women often caused long-lasting physical, psychological and social negative effects; personal and structural forms of violence against women were often inter-related and demanded assertive efforts to achieve their elimination. Improvement in the standard of living and provisions of equal access to education would enable society to prevent additional occurrence of such violence, and education itself could serve as a vehicle to support respect for women.

EDGARDO TORO CARRENO (Bolivarian Republic of Venezuela) took issue with the recommendation of the Special Rapporteur that the warrant for Guillermo Zuloaga should be revoked. Bolivarian Republic of Venezuela reiterated that the rule of law and justice and the constitutional separation of powers were in force and were important in cases of crime, such as this. The recommendation of the Special Rapporteur went beyond his mandate.

RACHITA BHANDARI (India) noted that the report of the Special Rapporteur on the right to freedom of opinion and expression had elaborated general principles on the right to freedom of opinion and expression on the Internet, including a test that must be applied in accordance with article 19 (3) of the International Covenant on Civil and Political Rights. India noted the Special Rapporteur’s emphasis on enhancing access to the Internet and his reference to the Government of India’s public e-kiosk initiative to address the digital divide. While care must be exercised to protect intellectual property rights, such measures failed the requirements of article 19 (3) of the International Covenant on Civil and Political Rights. India would be watchful of the incorporation of any such measures in the anti-counterfeit trade agreements which it, in any case, rejected as being non-transparent and inimical to the interests of developing countries. The digital divide existed not only because of differential access to the Internet but also in terms of quality of access, content and application generation, language and relevance, on account of current Internet management.

STEFFEN SMIDT (Denmark) said that the report of the Special Rapporteur on freedom of opinion and expression underlined the important role that the Internet played in enhancing freedom of expression and the exercise of other human rights. Denmark emphasized the importance of the private sector in relation to access and in facilitating the exercise of freedom of opinion and expression, and asked the Special Rapporteur how should Governments best engage with the private sector on this matter. Regarding the report of the Special Rapporteur on violence against women, Denmark noted that discrimination affected women in different ways according to social, cultural and economic hierarchies. Denmark had issued a national strategy to combat violence in intimate relations, providing support to victims. Highlighting the importance of prevention, Denmark asked the Special Rapporteur about methods and approaches to facilitate long-term change in the behaviour of perpetrators of violence.

MATJAZ KOVACIC (Slovenia) said the Special Rapporteur on violence against women had emphasized the importance of the perception of the universality, interdependency and indivisibility of human rights for women and highlighted that the civil and political aspects of women’s lives depended on social, economic and cultural aspects. Slovenia asked whether there was a role for regional organizations to play in overcoming such perceived tensions between these two categories of rights and in preventing and addressing violence against women. Slovenia agreed that ensuring universal access to the Internet was an important goal for all States. Slovenia inquired whether any Human Rights Council members were among States that had committed violations of human rights in cutting off access to the Internet. Slovenia asked to hear the opinion of the Special Rapporteur about the roles, if any, and responsibilities of companies and producers of communication technologies in blocking, filtering and cutting off access to the Internet.

MOHAMMED AL-OBAIDI (Iraq) referred to the close relationship between freedom of opinion and expression and those changes that had taken place in a number of countries recently. Iraq noted that the Iraqi constitution referred to freedom of expression and had set up structures to implement this. Iraq facilitated the use of the Internet at very modest prices for the population. With regard to political change in Iraq, it had suspended all laws that put restrictions on freedom of expression and political expression. Iraq underlined that its constitution guaranteed freedom of the media. The Government was now putting in place legislation to protect freedom of expression for journalists.

VU ANH QUANG (Viet Nam) refuted the claim that Vietnamese bloggers had been arrested in violation of their right to freedom of expression as reported in the report of the Special Rapporteur on freedom of opinion and expression. Freedom of expression, as other human rights, must be respected and protected in conformity with international norms but in the light of national and regional specificities, including the respect of order, public health and morality. Vietnamese media had developed rapidly and this diversification rendered testimony to the freedom of expression enjoyed by its population, including the 20 million bloggers. The media had become a platform that allowed the expression of views and opinions, active participation in the elaboration of national policies and accountability in the application of the law by the Vietnamese Government.

SERGEY KONDRATIEV (Russian Federation) said the Russian Federation supported the Special Rapporteur’s affirmation that the use of the Internet required a review in fulfilling human rights and the possibility for human rights violations. The Russian Federation drew the attention of the Special Rapporteur to the fact that States that hosted Internet sites often reviewed and controlled data. Internet sites that incited violence and hate had been moved to States that supported these actions. The Russian Federation asked, with regard to Special Rapporteur’s insistence that the anonymity of Internet users be protected, who should be held responsible for dissemination of hateful sites and child pornography. The Russian Federation asked why the report was not translated into all UN languages.

ABDUL HANNAN (Bangladesh) noted that instances of trafficking and migration on a large scale impacted greatly on women’s vulnerability to violence. Bangladesh noted that it wanted to know more from the Special Rapporteur on violence against women on how to protect women from violence under these circumstances. With regard to the report of the Special Rapporteur on freedom of opinion and expression, Bangladesh noted that the Internet was an important tool to receive information of all kinds and it enabled individuals to exercise their right to freedom of opinion. In this regard the respect for the provisions of the International Covenant on Civil and Political Rights needed to be kept in mind. Bangladesh noted that the Internet carried benefits as well as problems such as children being able to access pornography online. Bangladesh emphasized the issue of the digital divide. In this regard, the transfer of technology was of utmost importance in receiving access to the Internet. Bangladesh noted that this did not receive attention in the report of the Special Rapporteur. The realization of an information society required steps toward an international governance system based on equal participation with benefits for all.

WALID ABU-HAYA (Israel) said that recent political upheavals and transitions throughout the Middle East had illustrated the pivotal role that the Internet played in the realisation of peoples’ fundamental rights and freedoms. Israel noted that this issue had not been sufficiently discussed in the Council and asked the Special Rapporteur how to further pursue the topic of the Internet as a manifestation of the right of freedom of opinion and expression. Israel looked forward to the visit of the Special Rapporteur in December and urged all countries with pending requests for visits by the Special Rapporteur to accept his requests without delay.

VLADIMIR CHIRINCIUC (Republic of Moldova) said the Republic of Moldova welcomed the deep analysis of causes of violence against women and shared the opinion of the Special Rapporteur that this violence occurred at intersection of different types of discrimination. Multiple and intersecting forms of discrimination led to exacerbated violence against women. The Republic of Moldova further shared the view that the obligations to prevent, protect and provide compensation to women victims of violence and to hold perpetrators accountable contained a wide range of issues, including legislation and public education on gender-based violence and multiple forms of discrimination. The Republic of Moldova wished to hear more about the educational efforts aimed at addressing the prejudices and stereotypes of gender-based violence and discrimination.

KATHARINA ROSE, of the National Human Rights Commission of the Republic of Korea, said that it had been making various efforts to enhance freedom of expression within the Republic of Korea. The National Human Rights Commission of Korea noted that as elaborated in the report of the Special Rapporteur, the Commission dismissed a few cases involving the issue of the freedom of expression, regretfully due to the majority of dissenting views among commissioners. The Commission however, assured everyone that it continued to take actions to protect the freedom of expression, such as recommendations for the improvement of the regulation of online content, as mentioned in the report.

TENZIN KAYTE, of Society for Threatened Peoples, expressed concern about the well-being of Jigme Gyatso. In 2004 the Special Rapporteur on torture noted that Mr. Gyatso’s sentence had been extended after he yelled out “Long live the Dalai Lama”. On 25 March, Chinese authorities were alerted that Mr. Gyatso was held in isolation, had been denied the right to meet his family, and was reportedly in extremely poor health condition. The Society for Threatened Peoples thanked the Special Rapporteur for intervening on behalf of the physical condition of Dhondup Wangchen, who suffered acts of torture in detention and had been repeatedly denied adequate medical treatment, and urged the Special Rapporteur to immediately seek clarification from the Chinese Government.

JULIE DE RIVERO, of Human Rights Watch, said that it was estimated that the Chinese Government employed over 40,000 Internet censors, working on blocking and removing content critical of the Government. Agencies under the Ministry of Propaganda employed numbers of contracted Internet users to flood discussion forums with pro-government propaganda and blocked access to popular social media websites such as YouTube, Twitter, Facebook and Flicker. The Government routinely asserted that it only imposed restriction on expression in line with Chinese law; however, such laws were incompatible with international standards, for instance, criminalising criticism of the one-party system. In closing, Human Rights Watch asked how would the Special Rapporteur and the Council urge the Chinese Government to amend the definition of crime of “incitement to subvert state power”.

PHELISA NKOMO, of Canadian HIV/AIDS Legal Network, said the Network commended the Special Rapporteur on violence against women for her continued attention to the disturbing and widespread violence against lesbian, gay, bisexual and transgender persons and for her communications to the Governments of Honduras and South Africa. In El Salvador, the Special Rapporteur had noted discrimination against lesbian, gay, bisexual and transgender persons often overlooked by the Government. Canadian HIV/AIDS Legal Network asked the Special Rapporteur what States could do to promote tolerance, respect for diversity and address root causes of such violations.

ELLEN WALKER, of European Disability Forum, said that women with disabilities faced a specific form of violence which included forced isolation in institutions, abuse, forced sterilization and abortion, and rape. Many factors affected the risk of violence against women with disabilities, such as lack of education, increased dependence, lack of enjoyment of equal socio-economic opportunities and others. Some forms of violence and abuse against women with disabilities were invisible, while some were allowed by law. The European Disability Forum recommended that the Special Rapporteur maintain attention on women with disabilities. The European Disability Forum thanked the Special Rapporteur on freedom of expression for including some important references to persons with disabilities in his report and noted that many social networks showed a low level of accessibility and persons with disabilities faced a lot of barriers.

SANJA KELLY, of Freedom House, noted that its research supported the conclusions of the Special Rapporteur on freedom of opinion and expression and it shared the concerns about threats to the freedom of expression on the Internet. The key findings of its study identified a growing set of obstacles that posed a common threat to Internet freedom, particularly in four areas. There was a prevalence of online blocking and filtering of politically and socially relevant content. Cyber attacks against regime critics had intensified over the last two years. Some Governments and their sympathizers were increasingly using technical attacks to disrupt activists’ online networks, eavesdrop on their communications and cripple their websites. In one-third of States, the authorities exploited their control over infrastructure to limit widespread access to controversial content or in extreme cases to cut off access entirely.

JOY LIDDICOAT, of Association of Progressive Communications, urged the Council to recognize that the protection of freedom of expression on the Internet presented an historical challenge. The Association of Progressive Communications welcomed the response of States which had embraced the opportunity for extending the greater voice and participation to their citizens. The Association of Progressive Communications believed that this approach would contribute to peace building and collective welfare much more than restrictive policy and regulation, or arbitrary shut-downs. This included addressing discrimination and equality and advancing women’s rights. The Association of Progressive Communications noted that States needed to address cyber crime but they also needed to do this in accordance with international law. The Special Rapporteur’s report was evidence of the need for the Council, with its special mandate and expertise, to ensure that policies at the national, regional and global level, including those involving business, were consistent with international human rights law and standards.

HEEKYUNG CHO, of MINBYUN - Lawyers for a Democratic Society, in a joint statement with Korean Progressive Network "Jinbonet", and People's Solidarity for Participatory Democracy, reiterated the importance of the proposals of the Special Rapporteur on the right to freedom of expression. While numerous examples of violations of the right to freedom of expression existed in the Republic of Korea, the fundamental problem was a deliberate unwillingness on the part of the Government to protect and promote human rights in general and the right to freedom of opinion and expression in particular. The recommendations of the Special Rapporteur were similar to those made by Mr. Abid Hussain, the former Special Rapporteur, in 1995. MINBUYN-Lawyers for a Democratic Society urged the Government of the Republic of Korea to implement the recommendations made by the Special Rapporteur and affirm its commitments to protect freedom of expression.

PATRIZIA SCANELLA, of Amnesty International, said that the report of the Special Rapporteur on freedom of opinion and expression raised critical issues about growing restrictions on individuals’ right to freedom of opinion and expression in the Republic of Korea and noted the silence of the National Human Rights Commission of the Republic of Korea in response to negative human rights developments. Amnesty International welcomed the commitment of the Mexican Government, while noting that further legal reforms and protection mechanisms were needed. With regards to the report of the Special Rapporteur on violence against women, Amnesty International lamented the continued violence against women and girls in the Democratic Republic of the Congo and encouraged the Council to create a country-specific mandate.

HELENE SACKSTEIN, of Reporters without Borders - International, asked the Special Rapporteur on freedom of opinion and expression for his opinion on Article 19 of the International Covenant on Civil and Political Rights and whether he would recommend the adoption of a resolution by the Human Rights Council recognising that Internet access was a fundamental right. Some of the Internet corporations had developed personalised information filters and so had set themselves up as gatekeepers with the right to edit information they provided and Reporters without Borders wanted to hear from the Special Rapporteur whether he would consider the possibility of applying the guiding principles of Professor Ruggie in this type of situation.

Concluding Remarks

FRANK LA RUE, Special Rapporteur on the right to freedom of opinion and expression, reiterated his thanks and recognized those countries that formulated invitations and actually allowed him to visit their countries. He emphasized that Algeria issued the invitation at their initiative. The Special Rapporteur noted in reference to the visit that what was most important was to have the visit and to follow up with the Rapporteur on recommendations. The Special Rapporteur noted in relation to this point that his visit to Mexico had had positive results in this light, as it had resulted in enhanced access to information and the development of an institute for access to information. The Special Rapporteur agreed that the Internet should be studied further in terms of freedom of expression. However, he noted that this did not only apply to the Internet but was important for consumer protection and intellectual property rights. Several States had agreed with his approach in compiling the report. The principle was to have access to content and access to services and infrastructure. Access to content meant access to diversity of information in a number of languages and varied cultural content.

Mr. La Rue emphasized that the Internet should be a common space for the free flow of ideas. The Special Rapporteur noted the importance of access for the poor. It was important to have every single minority and ethnical people represented with no separation by socio-economic background. This would be crucial for the right to information and the right to development. There should be a multi-layered and multi-stakeholder approach to policy initiatives. There were pitfalls in terms of cultural dominance on the Internet. The whole world should have the possibility of using the Internet in different scripts and languages, even people with disabilities. There were exceptional moments when use should be limited in relation to crime, particularly organized crime such as in Latin America. Those restrictions had to be seen as the exception and not the rule and needed to be carried out in accordance with international law and human rights norms.

RASHIDA MANJOO, Special Rapporteur on violence against women, its causes and consequences, in concluding remarks, reminded that the more specific issue of violence against women in the context of conflict would be dealt with by the Council next Friday and commended the efforts for political reform undertaken by Governments in response to her reports. Ms. Manjoo noted that innovative approaches had been ventured in the debate and urged States to develop further initiatives and approaches on the basis on the principles outlined in her report, as well as sharing best practices. The Special Rapporteur reiterated the importance of understanding that intra-gender discrimination was an important dimension of a broader inquiry about the capacity of marginalized groups to express concerns and preferences that helped shape policies and programmes. Ms. Manjoo expressed concern with the predominance of urban-based middle-class elites in shaping public policy, as suggested by many reports. She noted that looking at individual attributes and material conditions of women was important, as well as paying attention to the fluidity of violence across time and space. There was a continuum of violence extending across different settings, against different groups and perpetrated by different actors, also in relation to different characteristics and life choices, including family and sexuality. Political will was necessary in order to develop policy and legislative frameworks which effectively addressed the problem of violence against women.

Ms. Manjoo said the interpretation of the law in the fulfilment of remedies was also important, as well as addressing impunity. Mainstreaming and specificity, access to political and economic opportunities and increasing resources to fight against violence were all necessary. Moreover, Ms. Manjoo urged States to think about comprehensive strategies on the basis of an understanding of the root causes of violence, emphasising broader social, economic and cultural conditions rather than deviant individual behaviour. In the context of marginalised groups, the greatest challenges were the lack of knowledge and awareness on rights and remedies; the inability of victims to negotiate protection; and the predominance of stigmatisation. For this reason, education remained the key to empower and illuminate alternatives to violence. Concerning her visit to Algeria, Ms. Manjoo clarified that she was unable to meet with a victim due her unavailability rather than lack of Governmental collaboration.

Documentation

The Report of the Secretariat on the Office of the President of the Human Righty Council, (A/HRC/17/19), is submitted pursuant to Human Rights Council resolution 16/21 on the review of the work and functioning of the Council, in which it was decided that, in line with the procedural and organizational roles of the President, the Office of the President of the Council should be established, within existing resources, in order to support the President in the fulfilment of his or her tasks and enhance efficiency, continuity and institutional memory in this regard.

The Note by the Secretariat: Report of the Secretary-General on the cooperation with the United Nations, its representatives and mechanisms in the field of human rights, (A/HRC/17/20), notes that in its resolution 12/2, the Human Rights Council invited the Secretary-General to submit a report to the Council at its fourteenth session and annually thereafter, in accordance with its programme of work, containing information and analysis of any available information, from all appropriate sources, on alleged reprisals against persons referred to in paragraph 1 of the resolution, as well as recommendations on how to address the issues of intimidation and reprisals. For technical reasons, the report will not be submitted to the Council at its seventeenth session, but at its eighteenth.
 
The Summary Report of the High Commissioner on the outcome of the seminar on the experiences of archives as a means to guarantee right to truth, (A/HRC/17/21), outlines the importance of archives to the ability of victims to realize their right to the truth, to judicial accountability and non-judicial truth-seeking processes, and for reparations.  It records the views of participants regarding the duties of States to protect and preserve information concerning human rights violations, including that from truth commissions, courts and tribunals, NGOs, and regional and intergovernmental organizations, and the obligations on States to ensure the preservation of archives and to enact laws to govern the management and access to archives. The report further notes possible initiatives for the preservation and management of archives during transitional periods.

The Report of the High Commissioner on the expert workshop: The elimination of all forms of violence against women: challenges, good practices and opportunities: Geneva, 24-25 November 2011, (A/HRC/17/22), contains a summary of discussions of the expert workshop entitled “The elimination of all forms of violence against women – challenges, good practices and opportunities”, which was held in Geneva on 24 and 25 November 2010, pursuant to Human Rights Council resolution 11/2 on “Accelerating efforts to eliminate all forms of violence against women”.

The Report of the High Commissioner on good practices in efforts aimed at preventing violence against women, (A/HRC/17/23), provides an analytical summary of the information submitted by stakeholders on efforts aimed at preventing violence against women, and challenges thereto.
 
The Report of the High Commissioner on the question of the realization in all countries of economic, social and cultural rights, (A/HRC/17/24), outlines the activities of the Office of the United Nations High Commissioner for Human Rights (OHCHR), treaty bodies and special procedures in relation to economic, social and cultural rights.  The report also covers OHCHR activities on assistance and technical cooperation to States, United Nations agencies and entities, civil society organizations and other relevant stakeholders. 
 
Corrigendum, (A/HRC/17/24/Corr.1), 1. Paragraph 54, second line For April 2010 read August 2010  2. Paragraph 55, third line For April 2010 read August 2010 3. Paragraph 56 The last sentence should read In 2010, the Expert presented reports on her mission to Zambia, and on a joint mission with the Independent Expert on water and sanitation to Bangladesh.

The Summary of the High Commissioner on the full-day meeting on the rights of the child, (A/HRC/17/46), is submitted pursuant to Human Rights Council resolution 16/12, 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 Council resolution 7/29.  The report contains a summary of the discussions held on 9 March 2011 during the annual full-day discussion on a holistic approach for the protection and promotion of the rights of children working and/or living on the street.

Presentation of Thematic Reports of the Secretary-General and the High Commissioner for Human Rights

BACRE NDIAYE, Director of the Human Rights Council and Special Procedures Division of the Office of the High Commissioner for Human Rights, introduced thematic reports by the High Commissioner for Human Rights and the Secretary-General submitted to this session of the Human Rights Council. The report of the High Commissioner on the outcome of the seminar on the right to truth held on 24 and 25 February 2011 summarised the views expressed by the participations in the seminar on the importance of archives as a means to guarantee the right to truth. There was also a report containing a summary of the expert workshop entitled “The elimination of all forms of violence against women – challenges, good practices and opportunities”, which had taken place in Geneva on 24 and 25 November 2010. The workshop considered challenges, good practices and opportunities in relation to five essential and cross-cutting aspects of the elimination of violence against women: investigation of cases of violence against women, the prosecution of perpetrators, remedy and reparation to victims, prevention of violence against women and protection of women subjected to violence. The report of the High Commissioner on the question of the realisation in all countries of economic, social and cultural rights outlined the activities of the Office of the High Commissioner for Human Rights, treaty bodies and Special Procedures in relation to those rights and also covered the technical assistance activities to States, United Nations agencies and entities, civil society and other relevant stakeholders. The report showed that the international community was increasingly aware of the crucial importance of economic, social and cultural rights and witnessed the call for greater inclusion of human rights in the Millennium Development Goals.

Turning to the summary of the High Commissioner on the full-day meeting on the rights of the child which had been focused on the promotion and protection of the rights of the children living and or working in the street, Mr. Ndiaye said that this report reflected the discussions held during the day, focusing on the root causes and factors leading children to live and work on the street, as well as preventive strategies and responses. The report emphasized the importance of different stakeholders working together to prevent and protect children in the street, the essential role of the family and the need to incorporate children’s rights into national, social and development policies. The report of the Secretary-General on cooperation with the United Nations, its representatives and mechanisms in the field of human rights had not been submitted due to technical reasons and would be submitted at the eighteenth session. The report of the Secretariat of the Office of the President of the Human Rights Council entitled “Review of the work and functioning of the Human Rights Council” adopted the outcome document of the review process in Geneva. Through this report the Secretariat provided the Council with the information which might be relevant to its consideration of the composition, modalities and financial implications of the formal establishment of the office of the President replacing the current ad hoc arrangements that had existed over the past five years.

General Debate on Agenda Items Two and Three

ANDRAS DEKANY, (Hungary), speaking on behalf of the European Union, said the European Union attached the same importance to all human rights and sought to promote economic, social and cultural rights. The rights of the child were a good example of the indivisibility and universality of human rights. Another example arose from the so-called Arab Spring, which would have lasting consequences for the European Union, in bringing democratic opportunities to the neighborhood. The European Union supported wholeheartedly the rights of the people to enjoy all human rights, particularly as it related to the so-called Arab Spring. As part of the European Neighborhood Policy, the European Union supported democratic, social and economic reform in the Middle East and North Africa. The European Union planned to provide additional funding to address the urgent needs of the region. The European Union was also in the process of developing a stronger immigration policy as a result of the Arab Spring. The European Union took into account the vulnerability of migrants forced to move due to the uprisings, and provided support for the repatriation of third-country nationals, as well as other assistance. In light of the twenty-fifth anniversary of the right to development, the European Union affirmed that the right to development was based on equality, non-discrimination, accountability and other tenets, and looked forward to the full and active participation of States in its promotion.

JOHN C. MARIZ (United States) noted that the events of the last six months had reinforced how important respect for human rights was for the stability of any society. There could be no stability where peaceful protestors were met with violence by their governments. Neither could there be stability when opposition leaders and human rights defenders were arbitrarily imprisoned. The protection of human rights while intrinsically important also encouraged long-term stability by ensuring free and fair elections, a vibrant civil society, accountable and effective democratic institutions, and responsible regional leadership. Respect for human rights also provided space for the kinds of political and economic reforms that helped to meet legitimate aspirations of ordinary people by increasing accountability and transparency in government, and by enabling the economic growth and broad based prosperity that were necessary to democratic transition.

AGUSTIN SANTOS MARAVER (Spain) reiterated Spain’s conviction for the great principles of the human rights system and defended the indivisible and interrelated character of human rights. The international community had a key role to play in defending human rights, rule of law and democracy. Economic, social and cultural rights were a pre-requirement in exercising citizenship and in this regard Spain had undertaken an initiative with Germany to propose a draft resolution on safe drinking water. Spain was very satisfied to have taken part in the panel on human rights of victims of terrorism which was an important step in raising awareness in the international community on this issue and protecting the rights of the victims. Abolition of the death penalty was high on the list of priorities of Spain and it considered this issue a moral and political imperative. Spain therefore promoted the establishment of the International Commission against the death penalty, which was created in October 2010. Spain was further committed to combating forced disappearances, gender-based violence, racism and racial discrimination and intolerance and discrimination on the basis of sexual orientation and gender identity.

MARIAM AFTAB (Pakistan) said the founders of the United Nations gave hope to the post-war world by instilling the principles of equal rights and self-determination of peoples as the first article of the UN Charter. This proclamation was distilled from two of the most important treaties of the civilized world from which all other rights of humanity flow: the Covenants on Civil and Political Rights, and the Covenant of Economic, Social and Cultural Rights. Colonization was incompatible with these covenants, as well as with the UN Charter, which affirmed people’s right to self-determination and their right to decide their own social, economic and political systems. In the Middle East, the continued denial of the rights of the Palestinian people was the core underlying cause of conflict and the primary impediment to comprehensive peace. Pakistan was committed to supporting the just struggle of the Palestinian people. In South Asia, the unresolved Jammu and Kashmir dispute, recognized by several UN resolutions, involved the exercise of the right to self-determination by the Kashmiri people. Pakistan had extended political, moral and diplomatic support. The Council should play a lead role in upholding, promoting and protecting human rights worldwide. Selective implementation of its mandate should be avoided as it created an unjust environment which deepened conflicts, compounded sufferings of peoples, eroded confidence in the system and undermined credibility. The Office of the High Commissioner of Human Rights and the High Commissioner in particular were under obligation to monitor and report on the human rights violations in Occupied Jammu and Kashmir.

SERGEY KONDRATIEV (Russian Federation) noted that recent events in North Africa and the Middle East demonstrated that a stable and safe world order should have the process of social and economic justice and democratization at its core. The Russian Federation noted that mass protests in these countries showed the relationship between poverty, unemployment and problems of the protection of human rights. The Russian Federation was convinced that the peoples of the Middle East and North African regions could independently develop implement reforms without any interference from abroad. At the same time, there was a double standard because some countries using the mass media for repression were ignored while others were not ignored. It was unfortunate that the last few years had witnessed regular attempts to replace the established view of human rights at the international level to one that was a one-sided view. The Russian Federation noted that only a comprehensive approach mindful of cultural diversity could make human rights universal. The Russian Federation said that it was the foundation and tradition of human rights that was common to all. Aims could not be used for ends that were not compatible with international human rights law.

ANA ISABEL CARRILLO FABIAN DE PIMENTEL (Guatemala) said that there were many barriers standing in the way of Guatemalan migrants. Guatemala was very much aware that thousands of people from other countries transited though its territory and considered that it was not fair to demand just treatment for its own citizens, and at the same time mistreat citizens of other countries in its own territory. Guatemala was a party to major international instruments on migration and had its own National Council for Migration which was the principal national entity for coordination and supervision of migration-related issues. Guatemala had been working hard to approve new legislation which would include the most significant steps forward in terms of human rights compliance. Regarding the protection of Guatemalan migrants transiting neighbouring countries, Guatemala had established regional cooperation with private and public entities in those countries and on most frequently used routes.

JUAN ANTONIO QUINTANILLA ROMAN (Cuba) said Cuba affirmed the importance of the protection, promotion and bringing about of economic, social and cultural rights. The situation of poverty, marginalization and underdevelopment were made worse by the financial and economic crises and the sky-rocketing of food prices, while much of these commodities were destined for use as biofuels. Climate change was also a product of the irresponsible inaction of industrialized countries. The enjoyment of fundamental rights, including the right to health, life, food, work, water and others, were being denied to at least one in six people on the planet. Political will not resources were lacking. All that was needed was thirty billion dollars to eradicate hunger, instead these resources were being used to bail out banks and design weapons. Cuba contributed millions in assistance to many countries, despite not having many resources and being subject to a blockade by one of the most powerful countries in the world. This amounted to the widespread violation of human rights. Cuba requested the immediate lifting the blockade as had been requested by the UN General Assembly on 19 previous occasions.

SEBASTIAN ROSALES (Argentina) noted a discussion that had occurred regarding a seminar focused on the preservation of archives and the right to truth, the archives in criminal procedures, the use of archives in searching for the truth and in locating archives that existed in the time of repression. Argentina noted that these archives were important because they were used in judicial proceedings. The Special Rapporteur report’s conclusions could make a contribution to guaranteeing the right to truth and justice. There was also the question of the role of national archive systems. In times of transition there needed to be an organized transfer of information. Information obtained by truth commissions and special courts was information that must be safeguarded. There were issues on how this information could be used to guarantee the right to justice. The report of the High Commissioner and the other reports on witness protection and forensics would be borne in mind for any initiatives that Argentina would submit at the next Council session.

ABDUL HANNAN (Bangladesh), in a joint statement, said that climate change remained the greatest environmental challenge the world was facing today and it affected directly the enjoyment of human rights, starting with the most fundamental right to life. The effect of climate change had been real and visible. The countries were concerned about the immediate and far-reaching consequences and threats posed by climate change to peoples and communities around the world. Developing countries were the ones feeling the impacts of climate change most keenly, although the situation was not of their making. Climate change was a global problem requiring global solutions and effective international cooperation to enable the full and sustained implementation of the United Nations Framework Convention on Climate Change and the Kyoto Protocol. It was important to support national efforts for the realization of human rights jeopardised by climate change. The international community should help developing countries, particularly those most vulnerable and developed countries should continue to deliver on their commitments. The human rights regime had a significant role to play in global discourse and action on this crucial issue. The countries urged the Human Rights Council to pay greater attention to the impact of climate change on the enjoyment of human rights and added that focused attention was needed to address the plight of victims of climate change.

IDRISS JAZAIRY (Algeria) said Algeria renewed its full commitment to the right of people to self-determination, a necessary condition for the enjoyment of economic, social and cultural rights and the right to development. The principle involved political aspects, in which people were free to choose their government, a social element, in which people were free choose their own development, an economic element, in which people were free to choose a manner in which to pursue a livelihood, and further, the right to ownership over natural resources. The right to self-determination was not respected by all countries. The United Nations did not recognize countries listed as non-autonomous. It was the mandate of the Human Rights Council to pay special attention to human rights situations worldwide, especially with regard to the right to self-determination for people suffering under foreign occupation.

TSELA JOSEPH KGOELENYA (South Africa) welcomed the thematic focus on the relationship between the right to health and development and the need to use the right to health approach to development. South Africa was committed to the promotion, recognition, respect, protection, fulfilment and progressive achievement of the realization of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health as entrenched in article 27 of the South African constitution. South Africa’s Government had placed emphasis on training nurses. South Africa would continue to prioritize the renovations and refurbishments of clinics around the county. On the subject of HIV/AIDS, South Africa aimed to revitalize the programme and promote various prevention measures including medical male circumcision, prevention of mother to child transmission and the promotion of HIV testing.

FARAMARZ HEJAZI (Iran) said that this year the world was commemorating the twenty-fifth anniversary of the Declaration on the Right to Development which was a unique opportunity for the realisation of this right. Iran attached the greatest importance to the right to development and believed that due attention must be given to barriers to the natural development of countries, such as embargos, internal armed conflict, wars and foreign occupation. Unfortunately the right to development had been neglected in a systematic manner and detrimental impacts of sanctions created grave concerns for food security, adequate housing, civil aviation and all other essential human rights. There was an urgent need for a structured and multidisciplinary dialogue between States, United Nations agencies and the financial and development institutions to find ways and means to further implement the right to development.

SILVANO M. TOMASI (Holy See) said with regards to human rights as they related to business, the Holy See endorsed the Guiding Principles on Business and Human Rights. The process of developing the framework and guiding principles had been open to all stakeholders and made a positive contribution by creating a standard whereby companies were expected to adopt comprehensive human rights policies. This approach was consistent with that outlined by Pope Benedict XVI. The recognition of this multi-layered and multi-dimensional responsibility was becoming more urgent and essential. Transnational corporations had failed to measure up to standards on numerous occasions, violated established rules and regulations, and thus caused exceptional damage. Looking to the future, the Holy See hoped that the increased protection and promotion of human rights by transnational operations could promote a globalization with a human face and a sustainable framework.

KEVIN GELZHISER (Sovereign Military Order of Malta) commended the High Commissioner for Human Rights and her Office for speaking out clearly, reacting immediately to unfolding recent events in many countries and supporting the aspirations of citizens claiming for their rights; and welcomed the renewed attention given by the Council to the subject of violence against women. The right to health and the question of human rights and extreme poverty were intimately linked to the medical, social and development activities carried out by the Sovereign Military Order of Malta in 120 countries. Health and development were key factors in the fight against poverty. Initiatives to support self-sufficient livelihoods among those impacted by poverty were most likely to ensure sustainability, thus enabling them to live a healthy life in dignity.

OMAR HILALE (Morocco) said that Morocco appreciated the reports of the High Commissioner for Human Rights and the Secretary-General and thanked the High Commissioner for the report on the establishment of the Office of the President of the Human Rights Council. The current arrangements were becoming increasingly inadequate and the creation of the Office remained within the framework of the institutional capacity building package. Morocco also welcomed the report on the seminar on the right to truth and said that reconciling the past and present was a necessary step in reconciliation and transitional justice. Morocco was currently undergoing many reforms that aimed to consolidate the rule of law, the democratic and human rights system and enlarge individual freedoms. The Moroccan Sahara would benefit from the constitutional reform, through the establishment of an autonomous region.

KATHARINA ROSE, of National Human Rights Council of Morocco, said as part of the process of the implementation of transitional justice in Morocco that aimed at overcoming human rights violations, the Special Rapporteur had made recommendations to preserve historical evidence and archives. The transfer of archives to the competent national authority had been achieved. The reconciliation commission had started a programme to support these efforts, financed by the European Union. The archives of Morocco had the objective of preserving memories and maintaining archives, while respect national needs in accordance with international standards.

ENKELEDA PAPA, of Franciscans International, in a joint statement with Pax Romana, Bischofliches Hilfswerk Misereor, and Swiss Catholic Lenten Fund, expressed support for the UN “Protect, Respect, Remedy Framework” and the Guiding Principles presented to the Human Rights Council by Special Representative John Ruggie. However, both would be challenged on their relevance, not because of their content, but on their application in practice. The framework and guiding principles would only be effective if the ability to access remedy, whether judicial or non-judicial, had been realized. Ensuring and protecting access to information by the victims should be a prerequisite. The follow-up on the mandate should have the power to investigate country-specific cases to instruct the application of judicial and non-judicial remedies.

MARIANA DUARTE, of Conectas Direitos Humanos, noted with concern the work on the hydroelectric power-plant in Belo Monte, in the Brazilian Amazon, in disregard of the complaints made by the Inter-American Commission on Human Rights, concerning the lack of public consultations, in particular with indigenous groups, and the impact assessments. The attitude of the Brazilian Government, by ignoring the importance of the regional system of human rights and its obligations, weakened one of the major pillars for the international protection of human rights.

HAYIN RAY ANTILEO, of France Libertés – Fondation Danielle Mitterrand, reiterated the view of the Special Rapporteur on human rights and transnational corporations, that protection, respect and reparation were necessary for an equilibrium between human rights and transnational businesses. The Hydroaysen project in Chile did not respect these principles. The project endangered protected areas and lacked participatory consultation from indigenous communities concerned with this project, in violation of the Convention on Indigenous Populations. The Chilean Government had the responsibility to respect its commitments with the international community by privileging sustainable development provided for by its knowledge base and natural resources.

HELENE SACKSTEIN, of Reporters without Borders - International, said that new professional predators on information had direct access to availability of information, namely cartels which had converted and spread after the Cold War under the name of organised crime. During this period the average figures in terms of United States dollars represented more than one hundred billion, for different activities such as arms trafficking, money laundering and others. The capacity of those invisible organizations was so great that they could compete with States and were jeopardising the work of reporters. The international community, United Nations and States must do more to fight those groups.

KAREN PARKER, of International Educational Development, welcomed the information by the Special Rapporteur on extrajudicial, summary or arbitrary executions concerning Sri Lanka and said that there was ample proof that the armed forces of this country had carried out sustained and concerted violations of the right to life of Tamil civilians throughout the 26 years of war. The Human Rights Council must respond appropriately to the requests of the Advisory Panel and the High Commissioner. The issue of the will of people and the right to self-determination must receive more attention by this Council, which could enlarge the mandate of the Working Group on mercenaries to address the right to self-determination more comprehensively.

DIPMONI GAYAN, of Liberation, said campaigners against human rights violations continued to face harassment, intimidation and arrests on false and politically motivated charges. These concerns were raised by the Special Rapporteur on human rights defenders in her recent visit to India and concluded that many violations were commonly attributed to law enforcement authorities that used several means to harass and target human rights defenders. The Special Rapporteur concluded that defenders engaged in denouncing development projects had been targeted by State agents and private actors, and were particularly vulnerable. Liberation urged the Council to play its due role in persuading all States to ensure a safe and conducive environment for human rights defenders.

SANGHAMITRA DEBBARMA, of Centre for Human Rights and Peace Advocacy, said violence against women and girls was the worst form of gender discrimination. Countries that had a lower ratio of female births to male births needed to identify this trend. This disparity could indicate signs of non-preference toward female births based on economic, social and cultural grounds. It was a concern for the Centre for Human Rights and Peace Advocacy that in some countries paramedics were advertising the advantages they provided by identifying the gender of unborn babies. The Centre asked the Special Rapporteur and the Human Rights Council to take special measures to look into this practice, which was contrary to fundamental human rights.

ELIAS KHOURI, of United Towns Agency for North-South Cooperation, denounced the presence of armed groups among the civilian population engaged in protests in Syria and accused them of inciting violence. Despite the measures taken by the Government to positively respond to the demands of the population, as a result of intervention, these reforms could not be continued. The destabilization of Syria would have catastrophic consequences for peace and development in the region.

ADJIDATOU BARRY BAUD, of Tchad Agir pour l'environnement, condemned the aggression against Guinean women after the elections. These were carried out by members of the Guinean military, individually or in groups, and were committed in public or inside military vehicles. One of the victims was pregnant during the aggression and other victims were hospitalised with fractures. Tchad agir pour l’environment urged the Council to carry out an investigation in order to bring those responsible to justice.

Right of Reply

M. JIANG YINGFENG (China), speaking in a right of reply, said out of vicious political motives, some non-governmental organizations today had made accusations against China in a statement that had nothing to do with freedom of expression. This was a pure violation of the procedure which was even supported by some countries. China asked the President to take action to prevent the recurrence of such incidents. The situation of freedom of expression in China was granted by the Constitution and the Government had been protecting the right to free speech of its citizens according to the law. China was the leader in the whole world according to the number of cell phone users, Internet users and bloggers and this was an evidence of the enjoyment of freedom of expression by the Chinese citizens. The channels for citizens to express their views were true but must be exercised within international human rights law framework and must not harm national security and public order.

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For use of information media; not an official record