Council holds general debate on the Implementation of the Vienna Declaration and Programme of Action

Human Rights Council
AFTERNOON 19 March 2012


Concludes General Debate on the Human Rights Situation in Palestine and Other Occupied Arab Territories

The Human Rights Council this afternoon held its general debate on the implementation of the Vienna Declaration and Programme of Action after concluding its general debate on the human rights situation in Palestine and other Occupied Arab Territories.

In the general debate on the implementation of the Vienna Declaration and Programme of Action, some speakers said the commitment to fighting discrimination based on sexual orientation and gender identity was an important step for the Council and urged Governments to enforce discriminatory legislation.  Cultural relativism should not be used as a pretext to violate human rights.  Other speakers said the inclusion of terms such as sexual orientation and gender identity into binding United Nations documents would amount to an unprecedented departure from the universal and objective foundation of the International Bill of Human Rights.  

There was a need to focus on the human rights of older people.  It was vital for the Council to remain vigilant about protecting the rights of migrants, including undocumented ones.  Civil society was crucial to the protection and promotion of democracy and speakers noted that civil society’s essential role was under threat around the world.  The Human Rights Council should more closely consider the aspect of multilingualism in human rights and speakers supported the declaration on multilingualism to promote the principle of universality.  The international community should give equal attention to economic, social, cultural, civil and political rights and the right to development.  The existing international order continued to be plagued by selectivity and double standards.  

Senegal on behalf of the African Group, Denmark on behalf of the European Union, Argentina on behalf of the Southern Common Market MERCOSUR, the United States, Spain, Djibouti on behalf of the Francophone Group, Chile, Iran, Monaco, Colombia, Algeria and Morocco took the floor.  

The Australian Human Rights Commission also took the floor, as did the following non-governmental organizations: Associazione Comunita Papa Giovanni XXIII, Agence Internationale pour le Développement, Action internationale pour la paix et le développement dans la region des Grands Lacs, Canadian HIV/AIDS Legal Network, Comité International pour le Respect et l’Application de la Charte Africaine des Droits de l’Homme et des Peuples, International Islamic Federation of Student Organizations, United Nations Watch, Liberation, World Muslim Congress, Centrist Democratic International, Verein Sudwind Entwicklungspolitik and Amnesty International.

China spoke in a right of reply.

In the general debate on the human rights situation in Palestine and other Occupied Arab Territories, speakers said that for more than 60 years Palestinians had suffered from the illegal occupation of their land by Israel.  Speakers condemned the recent attacks on the Gaza Strip, resulting in the death of 25 people, and called for the immediate lifting of the illegal blockade.  There was concern about an increase in settler attacks against Palestinians over the past two years and speakers noted that over 90 per cent of investigations of settler attacks had resulted in no charges being brought against violators.  Other speakers noted that Israel was the sole liberal democracy in the Middle East, yet each year it received around 50 per cent of the time for all human rights violations while the Council overlooked the radical Governments of the region.

Iraq, Venezuela, Lebanon, Yemen, and Iceland took the floor.  

The following non-governmental organizations also spoke: BADIL Resource Centre for Palestinian Residency, Refugee Rights, Al-Haq, Commission of the Churches on International Affairs of the World Council of Churches, Coordinating Board of Jewish Organizations, Institute for Women’s Studies and Research, Charitable Institute for Protecting Social Victims, International Association of Jewish Lawyers and Jurists, North-South XXI, International Association of Democratic Lawyers, Cairo Institute for Human Rights, European Union of Jewish Students, International Federation for Human Rights Leagues, The Institute on Human Rights and the Holocaust, Union of Arab Jurists, United Nations Watch and Maarij Foundation for Peace and Development.

Iran spoke in a right of reply.

The Council will meet at 9 a.m. on Tuesday, 20 March behind closed doors to take up its Complaint Procedure.  At noon, it will meet in public to hold a panel discussion on human rights and those people affected or living with HIV/AIDS.  It will then hear from the International Working Group on Durban Follow-up and will hold a general debate on the Durban Declaration and Programme of Action.  

General Debate on the Human Rights Situation in Palestine and Other Occupied Arab Territories

Iraq said there were more than 5,000 Palestinian detainees in Israeli occupation prisons, including women and children, and 3,000 Palestinians under administrative detention, including women and children, who suffered in inhuman conditions.  This violated the rights to decent housing, education, health and other rights of children, in line with the Convention on the Rights of the Child.  The economic, social and cultural reality faced by Palestinians rendered children more vulnerable to human rights violations.

Venezuela said fundamental rights were denied in Palestine, violations which were left unresolved for more than 60 years as the Palestinians suffered from the illegal occupation of their land by the Israelis.  Venezuela reaffirmed its appeal to Israel to adhere to its international obligations.  Israel should be held accountable before the international community.  Venezuela called for the immediate lifting of the illegal blockade of Gaza.

Lebanon highly stigmatized the actions of the Israeli authorities in the occupied Palestinian territories and condemned the recent attacks on the Gaza Strip, resulting in the death of 25 people.  While the rest of Middle East was undergoing great changes, it was regrettable that the situation in the Occupied Arab Territories had taken a reverse turn.  The occupying power continued to gnaw away at Palestinian territory and undermine the basis for a desirable settlement.  

Yemen praised the High Commissioner for her report and reaffirmed the need for Israel to comply with its obligations and respect human rights and international humanitarian law.  After the occupation of the Palestinian territories in 1967, Israel had proceeded with policies aimed at destroying the Palestinian economy and restricting its economic growth.  Palestinian losses were estimated at $ 7 million per day or $ 2 billion per year.  
 
Iceland remained deeply concerned about the continued serious human rights violations in the Occupied Palestinian Territories and said that developments on the ground, such as settlement activities, remained key obstacles to peace.  It was imperative to find a way to move things forward.  It was no longer possible to deny Palestine her statehood which was long overdue.  That was why Iceland in December last year had recognized Palestine as an independent and sovereign State within the pre-1967 borders.

BADIL Resource Centre for Palestinian Residency and Refugee Rights said that frequent attacks of Israel were an effort to intimidate the Palestinians living in the Gaza Strip.  The 2009 Goldstone report had recognized Israel’s impunity in carrying out those acts but despite those findings, Israel continued its destruction of Gaza.  The Human Rights Council should draw urgent attention to Israel’s continued impunity and the ongoing aggression against Gaza.  

Al-Haq was concerned about the administrative detainee Hana Shalabi who was beginning her thirty-third day of hunger strike in protest against her arbitrary detention and inhumane treatment.  The number of settler attacks against Palestinians had increased by over 144 per cent in two years.  Palestinians in the Occupied Palestine Territories were subject to practices of apartheid.  

Commission of the Churches on International Affairs of the World Council of Churches said there was a significant rise in Israeli settler attacks in the Occupied Palestinian Territories which took place in an atmosphere of impunity.  Over 90 per cent of investigations of settler attacks against Palestinians had resulted in no charges being brought against the violators.  Forced displacement undermined Palestinian presence in Area C.  

Coordinating Board of Jewish Organizations, in a joint statement, asked how the annual condemnation of violations in the occupied Golan sat with the onslaught of the Syrian armed forces against demonstrators who wished to remind the international community of their desire to rid themselves of a dictatorship that had lasted over four decades.  Would Syrians’ desires to return to their homeland include a desire to return to the devastated city of Homs?

Institute for Women’s Studies and Research urged the Council to call upon Israel to fully respect the norms of humanitarian law in the Occupied Palestinian Territory, rescind its blockade policy and urgently allow entry of construction materials necessary for rebuilding homes and civilian infrastructure.  

Charitable Institute for Protecting Social Victims said water and sanitation installations, hospitals and other healthcare facilities were facing severe difficulties in providing basic services to the people of Gaza.  The Institute called upon the Human Rights Council to immediately take action to stop such crimes.

International Association of Jewish Lawyers and Jurists said the solution to the ongoing conflict was not a country mandate, nor a session dedicated to the selective criticism of one of the parties to conflict.  The ongoing conflict should be solved by sincere, direct and concrete negotiations without any imposition of preconditions.  

North-South XXI welcomed the initiative taken by Palestine to achieve full recognition as a Member State of the United Nations.  But mere recognition of Palestine would not ensure respect of the human rights of the Palestinian people; the commitment of the Council would be needed to ensure that Israel did not enjoy impunity for more than half a century of massive human rights abuses.  States should consider adding real teeth to the resolutions on the Gaza flotilla, self-determination and illegal settlements.

International Association of Democratic Lawyers in a joint statement delivered demand for justice on behalf of 5,000 Palestinians who were currently detained in Israeli prisons and the 1.7 million imprisoned in the Gaza Strip.  Both detainees and the imprisoned civilians were subject to collective punishment, which graphically illustrated the consequences of impunity extended to Israel.  

Cairo Institute for Human Rights said that the world had witnessed an escalation of the violence in Gaza, including disproportionate bombardment, illegal expansion of settlements, and Israeli attacks on human rights defenders.  The failure for the United Nations to take concrete follow up to the Goldstone and the flotilla report was a major factor in the continuation of those human rights violations.  

European Union of Jewish Students said that Israel was the sole liberal democracy in the Middle East and each year it received around 50 per cent of the time for all human rights violations while the Council overlooked the radical Governments of the region.  The failure to investigate State actors such as Hamas and Hezbollah inaccurately diverted the attention of human rights violations.  The Council should put an end to agenda item 7.

International Federation for Human Rights Leagues, speaking in a joint statement, said Israel had subjected the 1.7 million inhabitants of the Gaza Strip to an illegal policy of absolute closure for over 1,700 days.  During the second half of 2011, Israel had restricted imports into Gaza to 24.7 per cent of the minimum needs.  The illegal closure of Gaza affected the entire spectrum of human rights in Gaza including employment, housing, freedom of movement and access to health and education.

Institute on Human Rights and the Holocaust said that while the death toll in Syria was over 7,000, the Human Rights Council had diverted the attention of the international community away from Syria through pursuing agenda item 7.  Today, the Council had advertised and facilitated a United Nations event to a member of the terrorist group of Hezbollah.  

Union of Arab Jurists said in 1967, thousands of Syrians were cut off from their country, family and friends, making their daily lives unbearable.  Syrian prisoners were subjected to cruel treatment and physical and mental torture.  Instead of following United Nations resolutions, Israel had intensified its human rights violations.  

United Nations Watch said the agenda item under which the Council met symbolized the policy to allow governments committing human rights, such as Libya, Syria and Egypt, to act and be treated as champions of human rights.  While thousands were tortured, the only country to be the object of a permanent agenda item was Israel.  

Maarij Foundation for Peace and Development said the vast majority of the Council had condemned settlements in the West Bank.  Palestinians were subjected to threats by Israeli citizens resettled in areas taken from Palestinians.  This constant tension undermined chances for peace and exacerbated the conflict.  

Right of Reply

Iran, speaking in a right of reply, rejected the absurd distortion of truth and accusations put forward by Israel and said that demagogy and distortion of truth by this country were well known.  

General Debate on the Vienna Declaration and Programme of Action

Senegal, on behalf of the African Group, said that as the wind of reform was blowing today, the time had come to think about the ways to make progress in social development and more just and equitable systems for all.  This was a world without hunger, disease and inequalities.  It was vital for the Council to remain vigilant about the protection of the rights of migrants, including undocumented ones.  The African Group reiterated the call for respect of their rights and freedoms and abstaining of any action that might exacerbate their vulnerability.

Denmark, on behalf of the European Union, reiterated the commitment to fighting discrimination in all its aspects and that was why the panel on ending violence and discrimination based on sexual orientation and gender identity was an important step for the Council.  In addition to universal ratification of core human rights issues, a strong and independent system of administration of justice and strict adherence to the rule of law within States remained essential to the full realisation of human rights on a non-discriminatory basis.

Argentina, speaking on behalf of the Common Southern Market MERCOSUR, attached particular importance to the rights of older people.   An Inter-American Special Rapporteur on the rights of older persons had taken an active part in drafting a regional text with recommendations on human rights policies to target older persons.  All countries should sign and ratify the Optional Protocol on the communication procedure to the Convention on the Rights of the Child.

United States said that civil society was crucial to the protection and promotion of democracy and human rights around the globe.  Civil society’s essential role was under threat around the world.  Governments made it harder for groups to register and obtain funding and some Governments used intimidation, persecution and even violence to bully groups into submission.  The Council should respond to attacks against civil society groups.

Spain said it was concerned that the right to freedom of expression was violated against persons based on their sexual orientation.  Different social characteristics should not be used as a pretext to discriminate against lesbian, gay, bisexual and transgender persons in employment or other areas.  Governments should enforce legislation and train judges and police officers on fighting discrimination based on sexual orientation.  

Djibouti, on behalf of the Francophone Group, said the question of bilingualism was very important to the United Nations, but much needed to be done to ensure the equal treatment of all of the six official languages.  The Human Rights Council, as the sole body responsible for human rights, should more closely consider the aspect of multilingualism in human rights.  Everything should be done to ensure that stakeholders could make use of the information provided by the Council.  Sufficient resources and all other necessary actions should be undertaken to ensure equality among languages in the Council.

Chile said certain questions had been raised regarding the Vienna Declaration and Programme of Action related to improving the use of human rights instruments, the effectiveness of the United Nations in this regard, and the need for resources.  Recognising the interdependence and indivisibility of all human rights ensured effective protection.  There should thus be heightened cooperation among the international community on human rights, as this was pertinent to its capacity to react.  Equality, dignity and tolerance were also fundamental.  

Iran said decades after the adoption of the Vienna Declaration and Programme of Action, concerns related to cooperation on human rights remained unaddressed.  The international community had to give equal attention to economic, social and cultural rights, civil and political rights and the right to development.  The existing international order continued to be plagued by selectivity and double standards.  It was time to assess the progress achieved as well as the shortcomings in order to ensure the better promotion and protection of human rights at the international level.  

Monaco said that the availability of documents in United Nations languages was necessary for the good quality of work in the Human Rights Council.  Monaco therefore associated itself with the declaration on multilingualism in the work of the Council in order to promote the principle of universality.

Colombia said it had started a broad consultation aimed at contributing to the National Action Plan in the area of human rights.  Civil society organizations and non-governmental organizations could debate on the preparation of the national human rights conference in December this year when the National Action Plan would be finalized.  

Algeria reiterated the call to the international community to take tangible measures to put an end to foreign occupation and respect the right to self-determination of the people.  At the national level, the Government was continuing the promotion and protection of human rights for genuine democracy and rule of law.   There could be no democracy without respect for human rights, concluded Algeria.

Morocco said that national sovereignty, territorial integrity and non-interference were the fundamental principles of the Vienna Declaration and Programme of Action.  Self-determination could not be limited to one form and should apply to all peoples.  The Vienna Declaration had focused on promoting the specific features of regions and international law promoted autonomy as the best way to enhance self-determination.  Morocco said that negotiation was the only way to settle political disputes in a peaceful way.  

Australian Human Rights Commission said the Australian Government had announced it would incorporate accepted Universal Periodic Review recommendations as actions with timeframes into a National Action Plan, a four year action plan that would be undertaken by all levels of Government.  The Australian Government had accepted in full or in part almost 95 per cent of the recommendations.  The Commission expressed concern on the ongoing system of mandatory immigration detention.  

Associazione Comunita Papa Giovanni XXIII, speaking in a joint statement, said that the inclusion of terms such as sexual orientation and gender identity into binding United Nations documents would amount to an unprecedented departure from the universal and objective foundation of the International Bill of Human Rights.  The promotion of new rights for particular groups would threaten the universality of human rights as well as national sovereignty.  
 
Agence Internationale pour le Développement was concerned about the daily violations of the provisions of the Vienna Declaration and Programme of Action.  One of the most preoccupying examples was that of the detained Sahrawi population living in a harsh climate in the Polisario para-military camps.  

Action internationale pour la paix et le développement dans la region des Grands Lacs said the detained Saharwi population in the Polisario military camps were subject to daily and systematic violations of their fundamental rights, mainly the right to freedom of movement and speech.  

Canadian HIV/AIDS Legal Network said that all human rights applied equally, everywhere and to everyone.  The High Commissioner had documented cases of extreme violence against people on the basis of their sexual orientation and gender identity.  Some denied universality of human rights by stating culture or religion.  It was the duty of States to promote and protect all human rights and fundamental freedoms and there was no justification for denying human rights to people.

Comité International pour le Respect et l’Application de la Charte Africaine des Droits de l’Homme et des Peuples said that the Talibanization of Pakistan’s society was leading to violence and was taking place with the overt and covert connivance of the State, while the perpetrators were enjoying immunity.  They were now propagating against sports activities and dissuading the young generation from participating in sports, which was a situation the world had witnessed in Afghanistan during the Taliban rule.

International Islamic Federation of Student Organizations said that the denial of the right to self-determination by India had led to a regime of human rights violations in the occupied Jammu and Kashmir, where the Indian army enjoyed blanket impunity for crimes against humanity.  The situation of women and children there was incomputable with any other situation around the world.

United Nations Watch said that cultural relativism should not be used to violate human rights.  The Tehran Declaration of Action claimed that human rights should apply differently to various cultural practices which United Nations Watch said had been used to discriminate against homosexuals.  The Vienna Declaration implored the international community to fully apply international human rights in a universal way without regard to cultural relativism.

Liberation was concerned by the use of torture in India by police and in the judicial system.  Torture was widespread in India; from 2001 to 2010, 14,000 persons had died while in custody, many of them from torture.  The Government of India should ratify the Convention against Torture and compensate all victims of torture.  

World Muslim Congress said the Vienna Declaration urged the full and equal enjoyment by women of all human rights and that this should be a priority of Governments and the United Nations.  The situation of women in Indian-held Kashmir was made worse by the over 12,000 disappeared men.  The World Muslim Congress urged the Council to bring the situation of mass graves in Indian-held Kashmir to the attention of the Working Group on enforced disappearances.  

Centrist Democratic International said the principles in the Vienna Declaration and Programme of Action continued to be violated on a systematic basis in many parts of the world.  An example of this was the population held against their will administered by the separatist Polisario movement.  

Verein Sudwind Entwicklungspolitik expressed concern about the arrest of and criminal procedures taken against Nedim Senar, an investigative journalist.  Women rights defenders with small children who were behind bars were not allowed to leave to visit their children as normal prisoners did in Iran.

Amnesty International said restrictions on the right to freedom of expression and religion and on cultural rights continued in the Tibet Autonomous Region.  The authorities had used force to break up peaceful demonstrations and branded those who had self-immolated as people with very bad reputations or criminal records.  

International Buddhist Relief Organization said that gender-based violence and all forms of sexual violence must be eliminated and it was Governments that had to take all measures.  Sexual harassment was common in India where it was emerging as a major challenge in many sectors, and particularly in the service sector.

Right of Reply

China, in a right of reply, strongly rejected remarks made by Amnesty International, which were totally groundless and baseless.  China was working very hard to promote the human rights of the Tibetan people and the regional autonomous system was now deeply rooted there.  Remarks such as those were aimed at destroying stability and not many people were happy with that.  Non-governmental organizations should stop hyping up extreme actions.