Human Rights Council holds General debate on Implementation of the Vienna Declaration and Programme of Action

Human Rights Council  
AFTERNOON

10 June 2013

The Human Rights Council this afternoon held a general debate on follow-up to and implementation of the Vienna Declaration and Programme of Action.

Speakers expressed concern about attempts by countries to suppress the activities of civil society organizations and stressed the importance of inclusive participation and equal access to the political process which were key in post-conflict situations and in times of transition.  Nevertheless, many continued to face challenges and discrimination in exercising their right to participation, especially women, persons living in poverty and persons belonging to national, ethnic, linguistic and religious minorities.  Delegations were also concerned about the continuing attacks on human rights defenders, especially those engaged on sexual orientation and gender identity issues; discrimination and violence against women, including sexual violence in conflict situations; the right to self-determination; and the slow progress in the realization of the right to development.

Speaking in the general debate were Ireland on behalf of the European Union, Germany in a joint statement on behalf of Germany, the United States and Norway, the Czech Republic in a joint statement on behalf of 56 countries, Norway on behalf of 33 countries, Costa Rica on behalf of a group of countries, Tunisia on behalf of a group of countries, Indonesia, United States, Argentina, Austria, Spain, Venezuela, Brazil, Algeria, Australia, China, South Africa, Morocco, Netherlands, France, Nigeria and the Council of Europe.

The International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights delivered its own statement and also took the floor on behalf of 29 ‘A Status’ national human rights institutions from several regions.

The following non-governmental organizations spoke: European Region of the International Lesbian and Gay Federation, Action Canada for Population and Development, United Nations Watch, Amnesty International, East and Horn of Africa Human Rights Defenders Project, International Service for Human Rights, Press Emblem Campaign, CIVICUS – World Alliance for Citizen Participation, Indian Council of South America, World Barua Organization, Centre for Inquiry, International Humanist and Ethical Union, British Humanist Association, World Muslim Congress, Action internationale pour la paix et le développement dans la region des Grands Lacs in a joint statement, World Federation of Democratic Youth, Centre for Human Rights and Peace Advocacy, Association for Progressive Communication in a joint statement, France Libértes: Fondation Danielle Miterrand, International Buddhist Relief Organization, Liberation, Verein Sudwind Entwicklingspolitik and the International Human Rights Association American Minorities.

Egypt, Iran and Bulgaria spoke in right of reply.

The Council will reconvene at 9 a.m. on Tuesday, 11 June to start the interactive dialogue with the Special Rapporteur on contemporary forms of racism and hear the presentation of the report of the Intergovernmental Working Group on the Durban Declaration and Programme of Action.  It will then hold a general debate on racism, racial discrimination, xenophobia and related forms of intolerance, follow-up to and implementation of the Durban Declaration and Programme of Action.

Documentation

The Council has before it the report of the United Nations Secretary-General on National institutions for the promotion and protection of human rights (A/HRC/23/27).

The Council has before it the report of the United Nations Secretary-General on Activities of the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights in accrediting national institutions in compliance with the Paris Principles (A/HRC/23/28).

The Council has before it the Summary of the Human Rights Council high-level panel discussion to commemorate the twentieth anniversary of the adoption of the Vienna Declaration and Programme of Action (A/HRC/23/29).

The Council has before it a note by the Secretariat concerning Information presented by the Asia Pacific Forum of National Human Rights Institutions (APF) (A/HRC/23/NI/3).

General Debate on the Vienna Declaration and Programme of Action

Ireland, speaking on behalf of the European Union, said the European Union fully supported the Vienna Declaration and Programme of Action’s emphasis on the indispensible role played by civil society, which reflected the plurality of voices that was the bedrock for any open and democratic society.  The European Union was seriously concerned about recent and on-going activities in countries such as Russia and Egypt that aimed to suppress the activities of non-governmental organizations. The European Union reaffirmed that the Office of the High Commissioner must enjoy independence from States, be independent and politically impartial. 

Germany, in a joint statement on behalf of Germany, the United States and Norway, deplored the decision of an Egyptian court in the politically motivated trial of dozens of international and domestic non-governmental organization representatives.  Concerns had already been brought about the state of civil society in Egypt; the current draft law on associations would impose significant government controls on the activities of civic groups.  The Government of Egypt was urged to protect the ability of non-governmental organizations to operate freely and to end the practice of persecuting individuals for exercising their freedom of opinion and expression.

Czech Republic, in a joint statement on behalf of a group of countries from various regions, said every healthy society made sure that all its members had equal access to the political process.  For political participation to be meaningful it had to be fully inclusive, something that was also key in post-conflict situations and times of transition.  Despite recent progress many continued to face countless challenges and discrimination in exercising their right to participation, especially women, persons living in poverty and persons belonging to national, ethnic, linguistic and religious minorities.

Norway, speaking on behalf of a group of countries, said that the International Conference on Human Rights, Sexual Orientation and Gender Identity held in Oslo this year had been the result of a cross-regional process initiated by South Africa.  The Conference reaffirmed the Council’s responsibility to address human rights violations and concluded that there was a need to integrate human rights issues systematically in the work of the United Nations through the establishment of a relevant mechanism.  Such a mechanism could encourage exchange of technical assistance and good practices.    

Costa Rica, speaking on behalf of a group of countries, said that signing the Arms Trade Treaty was a historic moment, and support had come from every region of the world.  The objective of the Treaty, which was meant to be a comprehensive instrument, was to regulate the trade of weapons, an area where global regulation was lacking.  The Treaty would underpin and reinforce the work carried out by the Council, with the collaboration of the civil society.  It was crucial to bring the Treaty into force and then make it universal.

Tunisia, speaking on behalf of a group of countries, said that freedom of expression and access to information promoted development.  The importance of that right could not be overestimated.  The internet and social media were now playing a major role in the dissemination of information.  In order to ensure the full potential of the internet, there should be as little restriction as possible on the flow of information on the internet.  State attempts to address internet security concerns should be done in accordance with international laws. 

Indonesia said that despite the progress achieved after the adoption of the Vienna Declaration and Programme of Action in 1993, challenges remained and Indonesia was particularly concerned about continuing debates about the right to development which impeded its effective realization.  Indonesia called on all States to demonstrate political will to enable progress on this right and to find ways to work across regions, identify common human rights concerns and bridge the gaps.

United States remained gravely concerned about continuing attacks against human rights defenders, particularly those working on sexual orientation and gender identity issues.  It was the duty of States to promote and protect all human rights and fundamental freedoms and the United States urged States to independently investigate all violations of rights of human rights defenders and immediately and unconditionally release human rights defenders, journalists, lawyers and their families who were unjustly arrested.

Argentina said it was working tirelessly towards a society without discrimination and had sanctioned the same sex law, which granted all rights to same sex couples in equality with heterosexual couples.  Any adult could undergo treatment to adapt their body to their gender identity and since the law had been adopted a year ago, more than 2,000 persons had applied for a change in their personal data to reflect their gender identity.

Austria said that in celebrating the Vienna Declaration’s achievements, the international community could not ignore the fact that human rights violations continued around the world.  The persistent implementation gap that divided rhetoric from the realities of human rights protection had to be addressed.  To assess the achievements reached and to look at possibilities for further strengthening response to challenges, Austria, with the Office, would hold an expert conference in June 2013 in Vienna. 

Spain said that it defended the interrelationship of all rights and the need to invest the same efforts in the promotion of civil and political rights and economic, social and cultural rights.  Spain stressed the importance of fighting discrimination of any type.  It should be understood as an ongoing effort to build structure to protect human rights.  Spain underscored that the Vienna Programme of Action was a roadmap for action that States should undertake nationally. 

Venezuela deemed that the implementation and follow up of the Vienna Declaration and Programme of Action was an opportunity that contributed to recalling and taking up the commitment made to the principles governing human rights.  Venezuela felt that in the current period of economic crisis, the fight for economic, social and cultural rights and the right to development could not be postponed.  Equity, tolerance, and non-discrimination were fundamental principles that had to guide all future work.

Brazil said it had made progress in ending violence and discrimination on the grounds of sexual orientation and gender identity when it last month passed legislation to establish civil marriage for lesbian, gay, bisexual and transgender persons.  Brazil was happy to announce that last Thursday, after eight years of negotiations, the Organization of American States’ General Assembly adopted the first international convention that recognized and forbade discrimination on the grounds of sexual orientation and gender identity.

Algeria said it was important to consider how hostage-taking by terrorist groups, followed by ransom demands, allowed terrorist groups to carry out terrorist activities and violate human rights.  The international community must draw up an international agreement on how to combat such hostage taking, and must bring an end to the infringement of national sovereignty through foreign occupation and intervention. 

Australia reaffirmed its strong and continuing commitment to supporting the work of national human rights institutions.  The National Human Rights Institution of Australia, the Human Rights Commission, was mandated to take action on discrimination and human rights complaints and to work with the Government on policy and legislative development. 

China said that the Vienna Declaration and Programme of Action embodied the consent of the international community regarding human rights and today it was still the blueprint for promoting and protecting human rights.  The Council should play an important role in promoting the right to development in the international community. 

South Africa said that no society or community should at any level condone or support violence and discrimination and it was this conviction and vision that bound all in working towards eliminating discrimination on any grounds, including on the basis of sexual orientation and gender identity.  South Africa was of the firm belief that Africa’s views needed to be heard so that a total and comprehensive picture could be reflected.

Morocco said that it had set up human rights as a cross cutting reference in its national and foreign policy.  Moving towards rule of law had brought several developments such as the adoption of the Constitution and separation of powers.  Reform of justice to strengthen confidence in effective, credible and fair justice was also being undertaken.  They all had to remain faithful to the spirit of the Vienna Declaration and Programme of Action, 20 years on. 

Netherlands said that the Vienna Declaration prohibited all forms of discrimination, including discrimination based on sexual orientation and albinism.  National human rights institutes, such as the one created in the Netherlands in 2012, played an important role in linking individuals and their rights.  States should promote societal dialogue, including intercultural and interreligious dialogue.  Only by fostering active involvement could States successfully fulfill their obligation to secure human rights.  

France said that France was an active defender of human rights regardless of sexual orientation, and called on all States to fight discrimination against lesbian, gay, bisexual and transgender persons.  Violence against women endangered their health and life, so it was necessary to protect women and girls and to support victims suffering the physical and psychological consequences.  France called on all Member States to protect the sexual and reproductive rights of women. 

Nigeria said that it continued to see the Vienna Declaration as a significant document in the promotion and protection of human rights.  Despite the importance of various historical, cultural and religious backgrounds, it was the duty of States to promote and protect all human rights and fundamental freedoms.  Racism, xenophobia and other forms of intolerance were some of the remaining challenges which needed to be addressed.  Nigeria called on all States to renew their commitment to the Vienna Declaration.

Council of Europe said the Council of Europe Charter on Education for Democratic Citizenship and Human Rights Education, approved by all 47 Human Rights Council Member States in 2010, was a key tool for the education of children and youth on human rights.  The Council of Europe urged all States to ratify the third Optional Protocol to the Convention on the Rights of the Child on the communications procedure for children’s rights violations. 

International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC), welcomed the report of the Special Rapporteur on human rights defenders which acknowledged that national human rights institutions and their staff could be considered as human rights defenders.  He reasserted the importance of women and girls’ human rights in the Programme of Action.  The International Coordinating Committee encouraged Member States to establish national institutions in accordance with the Paris Principles. 

International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC), in a joint statement by 29 ‘A Status’ National Human Rights Institutions from several regions, said as national human rights institutions in a diversity of cultures and societies, they were concerned by systematic and continuing human rights violations on the basis of sexual orientation, gender identity and of intersex persons in all regions of the world.  The group called on the Council to establish a mechanism on human rights violations on the basis of sexual orientation, gender identity and of intersex persons. 

European Region of the International Lesbian and Gay Federation said that two years ago the Council voted to remain seized of the priority issue of human rights violations based on sexual orientation and gender identity.  It urged the Council to act on the urgent need for follow-up on this resolution and to make sure that more attention was paid to these concerns. 

Action Canada for Population and Development applauded steps taken to promote the protection of women’s human rights and the work done on violence against women through language adopted in the Agreed Conclusions of the Commission on the Status of Women.  It noted with regret the unfortunate subjugation of rights for political expediency by States in forums such as this one. 

A representative from United Nations Watch, from Iran, spoke of her arrest experience in Iran, where she was bound and lashed.  Later in solitary confinement, she was repeatedly raped.  Would the United Nations give equal time to Iran’s torture survivors and allow them to bear witness?

Amnesty International said serious questions arose regarding the incompatible nature of lethal autonomous robots for use against human targets with the existing obligations of States under international law regarding the use of force and respect for human rights.  States were urged to support the call of the Special Rapporteur to impose a moratorium on their development, transfer and deployment. 

East and Horn of Africa Human Rights Defenders Project said that the Council had made significant progress in discussing human rights, sexual orientation and gender identity.  However, continuing violations and repeated acts of discrimination and violence around the world demonstrated the importance of taking concrete action to address those issues. 

International Service for Human Rights said that there had been significant progress in the protection of human rights in all regions of the world since the adoption of the Vienna Declaration.  However, 20 years on there were still many provisions which had not been fully implemented, including violence against women and discrimination on the basis of sexual orientation.

Press Emblem Campaign said that 20 years after the adoption of the Vienna Declaration, over 1,000 journalists had been killed around the world, the majority of whom died in the context of civil unrest.  Too many States acted inconsistently with their international commitments and journalists were facing a vicious climate, for example in Iran.

CIVICUS said that although the Vienna Convention set blueprints and standards it was too often the political will for implementation that was missing.  Today too many countries were falling back into autocratic regimes, afraid of critical voices and silencing human rights defenders.

Indian Council of South America spoke about the right to self determination, which was impinged by foreign occupation.  The recent case of self determination in French Polynesia must be followed by Alaska, Hawaii and other territories.  The Council must call upon the General Assembly to amend the resolution to allow a genuine world conference for indigenous peoples to be able to fully recognize their own self determination. 

World Barua Organization spoke about the flourishing practice of devadasi in India, in which young girls were pledged for life to temples by their parents in return for heavenly favours and to placate the gods.  Once ceremonially ‘dedicated’ the women were then forced to work as prostitutes for upper-caste community members. The organization requested the Special Rapporteur on violence against women to present a report to the Council on the devadasi system. 
Centre for Inquiry said that the rights of women and girls were an indivisible and inalienable part of human rights and still the daily occurrence of violence against women put the commitment of States to the Vienna Declaration and Programme of Action in question.  There were many causes, but two were particularly oppressive: conservative culture and religious doctrine, which should never be allowed to undermine or deny the human rights of women.

International Humanist and Ethical Union drew the attention of the Council to the appalling treatment and neglect of children in Bulgarian institutions and noted that the Government report did not offer any proof of investigation into the death of 238 children and prosecution of those responsible.  All the 238 children who had died of neglect had been children with disabilities. 

British Humanist Association echoed article 22 of the Vienna Declaration and Programme of Action stating that no one should suffer discrimination because of disability and said that in Germany, where one in ten persons was disabled, real inclusion required public awareness campaigns aimed at both the able and disabled.  Barriers that existed in the healthcare sectors, especially in emergency care, must be removed.

World Muslim Congress said that over 10,000 disappearances had been documented and more than 4,000 unmarked mass graves had been identified in Indian-held Kashmir.  The World Muslim Congress urged India to prosecute the perpetrators of those crimes instead of honouring them with awards and promotions. 

Action Internationale pour la paix et le développement dans la region des Grands Lacs, in a joint statement, said that the twentieth anniversary of the adoption of the Vienna Declaration should be an opportunity to pay attention to unresolved conflicts in the Great Lakes Region.  Instead, the role that Rwanda and Uganda had played in the Congolese genocide was ignored in the Addis Ababa agreement.

World Federation of Democratic Youth said that Morocco, supported by France and Spain, rejected any sort of monitoring and protection of human rights in Western Sahara, the last non-self-governing territory in Africa still under colonization.  The lack of implementation of that fundamental right constituted a serious human rights violation. 

Centre for Human Rights and Peace Advocacy said that indigenous persons were often the most marginalised segments of the population, as in the case of the indigenous persons of the north-east of India.  An alien language and culture were being imposed on them.  The Indian Government instead of addressing the justified concerns of these people had enforced an act allowing use of shoot-to-kill policy. 

Association for Progressive Communications expressed strong concern over recent revelations of surveillance of internet and telephone communications of United States and non-United States nationals by the Government of the United States and that it shared results with other Governments.  States were urged to protect those that had made these violations public.

France Liberte Fondation Danielle Miterrand said that States continued to fail in their erga omnes obligations of non-recognition of and non-cooperation with the acquisition of territory by force.  This included population transfers carried out in occupied territories, such as in Western Sahara.  The Council was reminded of Morocco’s systematic violation of the human rights of the Sahrawi people. 

International Buddhist Relief Organization said that incidents of sexual harassment of Dalit women were on the rise and added that several United Nations human rights bodies had raised concerns about the human rights situation of Dalit women.  The Human Rights Council should impress upon the Indian Government to take steps to eliminate this violence.

Liberation said that over the past 10 years, one million women, men and children had been systematically raped in the Democratic Republic of the Congo, where the many armed groups and warlords, including those supported by Rwanda and Uganda, were using rape as a weapon of war to establish control over the mines and natural resources.  Impunity must stop and the recommendations contained in the United Nations mapping report were a step in the right direction.

Verein Sudwind Entwicklingspolitik expressed concern about the increasing trend of executions in Iran, where, according to the official sources, 138 prisoners had been executed since the beginning of 2013.  Physical and psychological torture was very common in all prisons in Iran.  Iran was responsible for the life and health of all prisoners, including Arash Sadeghi who was on hunger strike in protest against torture he experienced.

International Human Rights Association of American Minorities said that the people of Jammu and Kashmir were promised the right to self-determination by no less an authority than the United Nations Security Council in its resolutions but the denial of this right by India had led to a regime of human rights violations in Indian occupied Jammu and Kashmir.  India had refused to allow independent monitoring of the situation. 

Right of Reply

Egypt, speaking in a right of reply, said it was not fair to say that the Government was taking measures to limit the activities of civil society organizations.  Egypt had laws that organised the work of non-governmental organizations within a legal context and these organizations must work and be financed in a transparent way, without impinging on State sovereignty and with respect for Egyptian law.  An independent judiciary addressed a case of a non-governmental organization that was working illegally. 

Iran, speaking in a right of reply, said that Article 19 of its Constitution described that the people of Iran enjoyed equal rights without discrimination.  The Iranian Constitution also provided that men and women enjoyed equal rights.  A limited number of religions had been recognised, but the Bahai were entitled to civil, social and citizenship rights.  Article 19 of the International Covenant on Civil and Political Rights stipulated that freedom to manifestation may be subjected to limitations. 

Bulgaria, speaking in a right of reply, said that Bulgaria attached great attention to children in institutions and that Bulgarian institutions would provide an official response to the statement made earlier by a non-governmental organization.

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For use of the information media; not an official record