Council discusses human rights and international solidarity and promotion of an equitable international order

AFTERNOON

12 September 2012

Commissioner for Political Affairs of the African Union Addresses the Council

The Human Rights Council this afternoon held a clustered interactive dialogue with the Independent Expert on human rights and international solidarity and the Independent Expert on the promotion of a democratic and equitable international order. It also heard an address by the Commissioner for Political Affairs of the African Union.

Julia Dolly Joiner, Commissioner for Political Affairs of the African Union, said that the drafting of the Guiding Principles on human rights and extreme poverty deserved attention with special focus on the need to understand the manifestations, attributes and social dynamics of extreme poverty in given context or country in order to develop an efficient implementation strategy. It had become evident that the realization of the Millennium Development Goals by 2015 had been adversely challenged by a number of unforeseen phenomena. However that should not stop determination to build on the progress made towards achievement of the goals.

Virginia Dandan, Independent Expert on human rights and international solidarity, presented her first report to the Human Rights Council and said that States were vital conduits of international solidarity and the driving force of international cooperation. Ms. Dandan also spoke about her work plan for developing a draft declaration. A right to international solidarity would establish and strengthen space for participation and increase accountability of national and international stakeholders by creating duties and obligations, including the respect for cultural diversity and the right to peace.

Alfred de Zayas, Independent Expert on the promotion of a democratic and equitable international order, said there was a real need for greater democracy at the international level, which entailed participation by all peoples in global decision making, with due respect for the principles of self-determination and for the cultures and identities of peoples. The dynamics of economic power must change if progress and a more inclusive and balanced growth paradigm were to be achieved. The process of establishing a democratic and equitable international order was not likely to move ahead as long as Governments were not truly representative of their constituencies and as long as economic exploitation persisted.

In the interactive dialogue, delegations agreed on the importance of international solidarity and cooperation, particularly in light of the current global economic crises and threats to peace. It was a basis for countries to realize peace, security and national prosperity. The report referred to concrete initiatives taken in the areas of agriculture, food security, safe drinking water, health care and infrastructure that gave a certain degree of concreteness to the idea of international solidarity. However, some speakers said that international solidarity failed to meet all the requirements of a legal concept, and more specifically a human right.

On the promotion of a democratic and equitable international order, some delegations said the Independent Expert should place more focus on the possible obstacles to the promotion and protection of a democratic and equitable international order, as well as to best practices to overcoming challenges. Some speakers said that elements of the resolution establishing the mandate of the Independent Expert on the promotion of a democratic and equitable international order and the subsequent report were beyond the scope of the Human Rights Council.

Speaking in the interactive dialogue were Brazil, Pakistan on behalf of the Organization of Islamic Cooperation, Philippines, Cuba, European Union, Venezuela, Russia, Belarus, Morocco, Ecuador, China, Algeria, Indonesia, Romania, Peru, and Sri Lanka.

Also speaking were the following non-governmental organizations: United Nations Watch, United Schools International, International Institute of Non-aligned Studies, Associazione Communità Papa Giovanni XXIII, International Association for Democracy in Africa, and the Organisation pour la Communication en Afrique et de Promotion de la Cooperation Economique Internationale (OCAPROCE).

In her concluding remarks, Ms. Dandan said that she would be guided in her future work by the comments heard today. Future actions to advance the project of the draft declaration would include the continuation of country study visits and consultations with States, particularly those members of the Human Rights Council.

Mr. de Zayas in his concluding remarks said that it was his ambition to convince all Member States that his mandate had an added value. One of the major obstacles he could see was the selectivity and non-objective way in which international norms were sometimes applied. It was important to do a study on democracy and participation, as well as on self-determination and corruption.

The Human Rights Council will resume its work on Thursday, 13 September at 9 a.m., when it will hold a clustered interactive dialogue with the Special Rapporteurs on hazardous substances and waste and on contemporary forms of slavery. During its midday meeting, the Council will hold a panel on the issue of intimidation or reprisal against individuals and groups who cooperate or have cooperated with the United Nations, its representatives and mechanisms in the field of human rights.

Statement by the Commissioner for Political Affairs of the African Union

JULIA DOLLY JOINER, Commissioner for Political Affairs of the African Union, said that the drafting of the Guiding Principles on extreme poverty and human rights deserved attention with special focus on the need to understand the manifestations, attributes and social dynamics of extreme poverty in given context or country, in order to develop an efficient implementation strategy. The approach should not be a game of blame and shame but one encouraging open and frank dialogue at the national, regional and international levels. It had become evident at this stage that the realization of the Millennium Development Goals by 2015 had been adversely challenged by a number of unforeseen phenomena. However that should not relent determination to build on the progress made towards achievement of goals set, even if partially.

On Mali, in June 2012 with several humanitarian agencies, the African Union had launched an international appeal to address the humanitarian situation not only in that country but also other concerned countries in the Sahel region and that initiative and its outcome should be supported and exploited by the international community in order to deliver the necessary and most urgent assistance to the affected peoples in the sub-region. Concerning Sudan, the continued cooperation between the Council and the African Union remained vital to bringing about sustainable peace between Sudan and South Sudan. On Somalia, the continued intervention of the African Union Mission in Somalia and the support of the international community to Somalia remained of greater necessity. With regards to the Democratic Republic of the Congo, the international community was called upon to support the African Union’s efforts, providing a conducive environment for the promotion and protection of human rights.

Ms. Joiner said concerning the fight against racism, racial discrimination, xenophobia and related intolerance, a lot more needed to be done to ensure a higher level of implementation of the Durban Declaration and its Plan of Action. Though progress had been recorded through the work of the Working Group of Experts on People of African Descent, it was a paramount collective responsibility to ensure that the proposed agenda for the Decade for People of African Descent was adopted at the General Assembly in order to make a real difference in the lives of people of African descent.

Documentation

The Council has before it the report of the Independent Expert on human rights and international solidarity (A/HRC/21/44) and its Addendum summary of the expert workshop on human rights and international solidarity (Geneva, 7 and 8 June 2012) (A/HRC/21/44/Add.1)

The Council has before it the preliminary report of the Independent Expert on the promotion of a democratic and equitable international order (A/HRC/21/45) and its corrigendum (A/HRC/21/Corr.1)

Presentations by Independent Experts on Human Rights and International Solidarity and on the Promotion of an Equitable International Order

VIRGINIA DANDAN, Independent Expert on human rights and international solidarity, presented her first report to the Human Rights Council under the mandate, in which she described her engagement with the Council’s Advisory Committee, participation in relevant international conferences and events and taking into account outcomes of major United Nations and other global summits and ministerial meetings. The Independent Expert had conducted her first country study mission to Brazil to gather the experience of that country in international solidarity, including in the context of international cooperation. States were vital conduits of international solidarity and the driving force of international cooperation and therefore it was critical to take into account the policy and actual practice of States in the development of the draft declaration on the rights of people and individuals to international solidarity. Ms. Dandan also spoke about her work plan for developing a draft declaration, which was to take place in three stages; stage one had already been conducted under the previous mandate holder and included reaffirmation of international solidarity in various ways. Stage two involved empirical methods in exploring and examining issues, principles, standards and norms, and had shifted the focus from the concept of a principle of international solidarity to a right to international solidarity.

Based on preliminary considerations, the draft declaration would embark from a level playing field mirroring the current international political and economic realities, as a right to international solidarity reached beyond the economic sphere to the humanitarian, environmental and other fields. The draft declaration would also invoke the legal bases of a right to international solidarity, and would take into account how good practices of collective action on the ground gave rise to desirable outcomes toward the realization of human rights. Because international solidarity resided in a fragile balance of empathy, openness and readiness to take action, its outcomes could either be directed towards the realization of human rights or manipulated and misused; a right to international solidarity would provide a mechanism to prevent, protect against and manage this risk. A right to international solidarity would establish and strengthen space for participation and increase accountability of national and international stakeholders by creating duties and obligations, including the respect for cultural diversity and the right to peace. Positive obligations would include taking concrete steps to regulate financial markets, cooperating to regulate migration on the basis of solidarity, guaranteeing access to communication and information technology, and others.

ALFRED DE ZAYAS, Independent Expert on the promotion of a democratic and equitable international order, said that the report explored the conceptual and legal framework of the mandate and highlighted some of the challenges inherent to the notion of democracy. The report viewed international law as the expression of humanity’s agreement to live together and human rights treaties as universal commitments binding States and individuals. The intention of the Council was to give practical application to human rights norms in the international order and, while pertinent norms and mechanisms existed, an important implementation gap prevailed. There was a real need for greater democracy at the international level, which entailed participation by all peoples in global decision making, with due respect for the principles of self-determination and for the cultures and identities of peoples. Traditionally democracy had been understood in terms of the relationship of the State with its inhabitants. It was imperative to move beyond national boundaries and to adopt a holistic approach towards the notion of democracy. Its vital elements, including equity, participation, the rule of law and an independent judiciary backed up by accountability, were hardly present at the international level; and a serious obstacle to the realisation of an international democratic order was the ability of some powerful States and non-State actors to subvert the clear will of the majority of the people and States.

A democratic international order demanded a well-functioning interaction between the democratic will of peoples and the concrete policies that affected them, an equitable international order required a correlation between production and wealth, performance and reward, and rejected the excesses of the uncontrolled financial markets that more than once had adversely impacted the world economy. Certain conditions appeared necessary to achieve an international order that was more equitable, such as holistic peace. An international order that was more democratic and more equitable could only evolve if every State committed to respect the right to peace. The dynamics of economic power must change if progress and a more inclusive and balanced growth paradigm were to be achieved. The process of establishing a democratic and equitable international order was not likely to move ahead as long as Governments were not truly representative of their constituencies and as long as economic exploitation persisted. As all human rights derived from human dignity it was important to recognise that dignity was not a product of positivism but an expression of natural law and human rationality. The International Labour Organization had long worked under the motto: if you desire peace, cultivate justice, could well be the motto of this mandate and report.

Interactive Dialogue with Independent Experts on Human Rights and International Solidarity and on the Promotion of an Equitable International Order

Brazil said that during the visit of the Independent Expert on human rights and international solidarity, she had an opportunity to take a deeper look at the experiences of Brazil in the domain of South-South cooperation: a collaboration of partners facing similar socio-economic realities and similar challenges in development. The report prepared by Ms. Dandan referred to concrete initiatives taken in the areas of agriculture, food security, safe drinking water, health care and infrastructure. Examples in this report gave a certain degree of concreteness to the idea of international solidarity.

Pakistan, speaking on behalf of the Organization of Islamic Cooperation, underscored that international solidarity was a broad concept that went beyond aid, charity and humanitarian assistance, to include sustainability in international relations, peaceful co-existence of all members of the international community, equal partnership and equal sharing of benefits and burden. Turning to the presentation by Mr. de Zayas, the Organization of Islamic Cooperation requested that he continue focusing on the possible obstacles to the promotion and protection of a democratic and equitable international order.

Philippines noted with appreciation that Ms. Dandan recognized the value of building on the work of her predecessor and suggested that she took into account the final paper on human rights and international solidarity submitted by the Human Rights Council’s Advisory Committee in her efforts to further advance this critical dimension of human rights. The Philippines also thanked the Independent Expert on a democratic and equitable international order for his initial report and wished them both well in fulfilment of their mandates.

Cuba said that given the current world situation that was marked by a range of crises and threats to peace, international solidarity and cooperation were more necessary than ever. It was vital to step up efforts in developing guidelines, ideas, norms and principles closely linked with the fundamental principle of solidarity. The Independent Expert should give more prominence to obstacles to the promotion and implementation of a democratic and international order, as well as good practices to overcoming obstacles.

European Union said that international solidarity was an important moral principle and a political commitment. The European Union reaffirmed its position that international solidarity failed to meet all the requirements of a legal concept, and more specifically a human right. It also reaffirmed that elements of the resolution establishing the mandate of the Independent Expert on the promotion of a democratic and equitable international order and the subsequent report were beyond the scope of the Human Rights Council.

Venezuela said that it had made international solidarity one of the higher principles of its legal order. Venezuela encouraged the Independent Expert to continue the significant work to make progress on frank dialogue. To move forward, there was a need for a change in mindsets, requiring the recognition that all have the same dignity and human rights. A more equitable international order had to be placed beyond international economic dynamics.

Russian Federation regretted that it had received no Russian versions of the reports, and noted how important it was to develop concepts of international solidarity and a democratic and equitable international order. An equitable international order should be based on the principle of national sovereignty, the Russian Federation said, and should be built through combating racism.

Belarus said that the Independent Expert on the promotion of a democratic and equitable international order should pay attention to the practice of Western States to use unilateral coercive measures, in contradiction to international law and the United Nations Charter. Belarus asked the United Nations Secretariat to speed up the translation of the reports into all official United Nations languages.

Morocco commended the Independent Expert on human rights and international solidarity for her efforts to contribute to the definition of the concept of international solidarity in relation to human rights and development. Morocco called for the negotiations on the draft declaration on the right to international solidarity to be inclusive. It was important to emphasize the responsibilities of all stakeholders to limit the negative effects of globalization. Morocco hoped that this process would lead to the adoption of an international framework in the long term.

Ecuador said that international solidarity constituted a basic principle for peaceful coexistence in international relations and should be based on shared responsibility, mutual respect and support. International solidarity had been a powerful force in history and had led to the legal-framework underpinning international humanitarian and human rights law. As a response to the current crisis, international solidarity could be an important mean to strengthen governance, promote human rights, democracy and the rule of law, and to enhance social participation.

China said that international solidarity was a basis for countries to realize peace, security and national prosperity. It should be based on mutual respect and on respect for national sovereignty and territorial integrity. China hoped that the Independent Expert would continue with her research and the promotion of the understanding of international solidarity in the world. Further, China said that everyone was entitled to an equitable and democratic international order and said that the internal affairs of a country should be decided by its own people.

Algeria said that international solidarity played a vital role in resolving the world’s problems and in achieving human rights, including the right to development. Algeria supported the Independent Expert in the second phase of her mandate to define rules and norms on which the draft declaration would be based. Turning to the presentation by Mr. de Zayas, Algeria encouraged him to further explore avenues he identified and wished him success in the implementation of his mandate.

Indonesia noted with appreciation the three stages that Ms. Dandan applied to her work and welcomed the recommendations from the 2011 Expert Workshop on human rights and international solidarity, particularly the call to States to apply international solidarity to overcome the negative impacts of globalization. Indonesia fully concurred that a democratic and equitable international order was best secured by a growing number of democratic States and by the constant improvement of democratic institutions, and believed that there was no single model for democracy.

Romania said that it took note with great attention of the practices presented in the report of the Independent Expert on human rights and international solidarity. States might sometimes need international assistance in order to overcome challenges they faced. Romania had itself benefited from international assistance in the past, and was now starting to provide assistance to other countries. Romania did however not consider international solidarity as a human right, as there was still no clear definition of the notion of international solidarity.

Peru said that it was universally recognized that the political will of States and the allocation of resources were necessary to achieving the enjoyment of human rights. It was necessary to ensure that the work carried out reflected the indivisible nature of human rights. Peru insisted on the links between education and human rights, and said that education had a positive impact on fostering an equitable international order.

Sri Lanka said that international solidarity, based on shared responsibilities, mutual respect, cooperation and national sovereignty, was fundamental to achieving a peaceful and secure future for all and to achieving the human right to development. Sri Lanka was committed to create prosperity and to work on a home-grown reconciliation process while counting on international solidarity. It considered that the international order needed more transparency and respect for the aspirations of all peoples. Finally, Sri Lanka said that the continued existence of nuclear weapons was in contradiction with the notion of a democratic and equitable international order.

United Nations Watch said that the Independent Expert on the promotion of a democratic and equitable order had outlined the future plans for the work of the mandate in his report and asked whether the statements made therein concerning the suffering of Germans in the World War II conformed to international norms. United Nations Watch said that the many books written by the Independent Expert were quoted by websites as denying the Holocaust.

United Schools International said that the global community functioned in an exemplary manner whenever nations had been affected by national disasters; resources were mobilized and ordinary citizens joined in the effort to help the victims. The problems were created when individuals in different countries or governments began to feel threatened by political, economic and security considerations.

International Institute of Non-aligned Studies said that recent global events made it imperative that the international community developed the ethos of closer cooperation and collaboration and also worked to establish democratic ideals across the globe. International solidarity and globalization would remain unrealized dreams if the gap between the North and South widened even further.

International Association of Schools of Social Work said that the mandate of the Independent Expert on the promotion of a democratic and equitable international order was important and widely supported. The International Association supported the efforts of the Independent Expert on human rights and international solidarity to develop guidelines in the field of international solidarity. The right to self-determination had to be recognized internationally to allow minorities to fully enjoy their rights.

Associazione Comunita Papa Giovanni XXIII, in a joint statement, said that the recognition of the right to international solidarity brought added value to the panoply of human rights, and would reinforce the rights of indigenous people, the right to peace and the right to development. The organization said that a legal framework to regulate the global market was crucial for the protection of human rights, and called for the inclusion of civil society organizations in the consultation process and the drafting of the declaration.

International Association for Democracy in Africa said that it was people in a true democratic setup who must influence policies and practices. It was also imperative that there be an equitable sharing of economic resources and recognition that every country had a political point of view before decisions were made. The International Association expressed concern about developments in Afghanistan and Pakistan and stressed the importance of protecting the rights of minorities.

OCAPROCE International, in a joint statement, noted that the Independent Expert on promoting a democratic and equitable international order had consulted with national human rights institutions and civil society to hear their views and to identify obstacles and good practices. OCAPROCE International welcomed the approach of the Expert and suggested further work on the links between an international order and national democracy, the role of women in the promotion of a democratic and equitable order, and the importance of the right to peace for the realisation of a democratic order.


Concluding Remarks by the Independent Experts on Human Rights and International Solidarity and on Promoting a Democratic International Order

VIRGINIA DANDAN, Independent Expert on human rights and international solidarity, said in her closing remarks that she would be guided in her future work by the comments heard today. Future actions to advance the project of a draft declaration would include the continuation of country study visits, and consultation with States, particularly those members of the Human Rights Council. One of the obstacles that slowed down the work on the draft declaration was the lack of clarity of what the right to international solidarity was; that was why the Independent Expert intended to present in 2013 a draft document to be used as a basis for discussion in the Council.

ALFRED DE ZAYAS, Independent Expert on the promotion of a democratic and equitable international order, said that it was his ambition to convince all Member States that his mandate had an added value. He said that he was committed to the principles of the United Nations Charter. Mr. de Zayas said that one of the major obstacles he could see was the selectivity and non-objective way in which international norms were sometimes applied. It was important to do a study on democracy and participation, as well as on self-determination and corruption. He took good note of the observations made by delegations and non-governmental organizations. He was surprised by the accusations of United Nations Watch, and said that many scholars usually received his work positively.

__________

For use of the information media; not an official record