Address by Ms. Kyung-wha Kang, United Nations Deputy High Commissioner for Human Rights to the Introduction of Reports by the Secretary-General and the High Commissioner for Human Rights

6 March 2009
Geneva

Mr. President,
Distinguished Members of the Human Rights Council,
Excellencies,
Ladies and Gentlemen,


I am pleased to begin the presentation of reports by the Secretary-General and the High Commissioner. These reports are before you. Thus, I will highlight only some of their main features. In the interest of clarity and time, my presentation will be in several parts, taking into account the availability and the nature of the documents, following the appropriate numerical order. Today, I will illustrate aspects on thematic reports that may inform and, hopefully, enrich your discussion. Later in this session, I will cover topics under agenda item 7 of your program of work. Lastly I will introduce country-specific reports in consonance with your program of work.

Let me begin by highlighting the report on prevention of genocide (A/HRC/10/25). In its resolution 7/25, the Human Rights Council (HRC) requested the High Commissioner to circulate the reports of the Secretary-General on the prevention of genocide submitted to the HRC in order to obtain the views of States, relevant UN agencies, treaty bodies and special procedures. The report contains a summary of the views received. It also refers to the work of the Secretary-General’s Special Advisor and the UN human rights system in the prevention of genocide. The Special Advisor will present an updated report (A/HRC/10/030) on his activities and, more generally, on the efforts of the United Nations system to prevent genocide.

I wish to draw your attention to the note by the High Commissioner transmitting the report of the 15th annual meeting of special rapporteurs/representatives, independent experts and chairpersons of working groups - collectively known as special procedures mandate holders (A/HRC/10/24). Also before the HRC is the OHCHR report on the enhancement of international cooperation in the field of human rights (A/HRC/10/26 and Add.1) submitted pursuant to HRC resolution 7/3. It summarizes replies received in response to a request for information to States, intergovernmental and non-governmental organizations on ways and means to enhance international cooperation and dialogue in the UN human rights machinery, including the HRC.

The report by the Secretary-General on missing persons (A/HRC/10/28) that you also have before you builds on developments since his last report on the subject to the General Assembly in August 2008. This latest report refers to the panel discussion on the question of missing persons held at the 9th session of the HRC. It presents information on the right of families to know the fate of their relatives reported missing during armed conflicts. It also highlights the assistance and recent measures provided to States by the International Committee of the Red Cross (ICRC), the International Commission on Missing Persons (ICMP) and the Council of Europe. The report also illustrates measures to be taken by States, intergovernmental and non-governmental organizations to prevent persons from going missing, establishing the right to know, collect, protect and manage credible and reliable data and develop forensic capacity.

Mr. President,

OHCHR annually submits a note (A/HRC/10/33) on its efforts to promote universal ratification of the International Convention on the Elimination of All Forms of Racial Discrimination. Pursuant to Commission on Human Rights resolution 2005/64, OHCHR has published a list of countries which have not yet ratified the Convention on its website. The list includes six States which have signed but not ratified the Convention, and sixteen States which have neither signed nor ratified the Convention. In April 2008, the High Commissioner also sent a letter to these States, encouraging them to take the necessary action.

Moving now to the report of the Secretary-General on arbitrary deprivation of nationality (A/HRC/10/34), I note that this document compiles and summarizes responses to a note verbale sent as a follow-up to HRC resolution A/HRC/7/10, provided by Governments, as well as by the Office of the UN High Commissioner for Refugees, and one nongovernmental organization. Further, the report outlines those Member States’ constitutional and legal provisions regulating the granting and deprivation of nationality.

Ladies and Gentlemen,

As in previous years, the Secretary-General has introduced a report on cooperation with representatives of UN human rights bodies, pursuant to HRC decision 2/102 (A/HRC/10/36). This report reviews cases of intimidation, harassment and reprisals against private individuals or groups who seek to cooperate with the UN and representative of its human rights bodies or against family members of victims of human rights violations.

We have received information that yesterday evening gunmen killed two Human Rights Defenders who had provided information to the SR on extrajudicial executions during the recent mission to Kenya. We are extremely shocked and dismayed about this development. We urge the Government of Kenya to ensure the safety of the witnesses to the shooting, investigate this killing and bring the perpetrators to justice. We also urge the Government to take all necessary steps to ensure the safety of all persons with whom the Special Rapporteur met, including human rights defenders.

The report of the Secretary-General on the rights of persons belonging to national or ethnic, religious and linguistic minorities (A/HRC/10/38) features the activities OHCHR has carried out to strengthen the promotion and protection of these rights. It includes a review of relevant developments arising out of the work of treaty bodies and special procedures as well as information on recent OHCHR activities in the field and at headquarters. Of note is the new Forum on Minority Issues, the 1st session of which was held last December, with wide participation including experts from all regions in minority education, who are themselves from minorities,. In the addendum to this report (A/HRC/10/38/Add.1), you will find a summary report of an expert meeting on integration with diversity in policing, organized by OHCHR, in cooperation with ILO, the UN Office on Drugs and Crime and the independent expert on minority issues, in Vienna in January 2008.

The report of the Secretary-General on the operations of the UN Voluntary Fund for Victims of Torture (A/HRC/10/40) covers the activities of the Fund since August 2008. This report also describes the financial situation of the Fund and its needs for 2010. The 30th session of the Board of Trustees of the Fund took place in February this year and the 31st session will take place in October 2009. The results of the two sessions will be reported to the HRC in 2010, unless otherwise decided by the HRC.

I will now turn to the note by the Secretary-General transmitting the report of the UN Development Fund for Women (UNIFEM) on the activities of the UN Trust Fund in support of actions to eliminate violence against women (A/HRC/10/43). OHCHR cooperates with UNIFEM on a variety of activities. The document before you reflects the progress made according to the strategic directions of the Fund in 2008, as well as the programming of UNIFEM on the elimination of violence against women. Meanwhile the report A/HRC/10/42 discusses the joint workplan of OHCHR and the Division for the Advancement of Women. We will continue cooperation with the Division to further expand the areas of work where joint efforts will bring added value for women’s rights and gender mainstreaming throughout the UN system.

Let me now draw your attention to our report on the composition of the OHCHR Staff (A/HRC/10/45). The High Commissioner extensively addressed the questions and comments coming from delegations in this matter during the interactive dialogue yesterday. You will find in the report much further details which make clear our continuing efforts to enhance the geographic diversity of staff while maintaining professional competence.

The report of the Secretary-General on the question of the realization in all countries of economic, social and cultural rights (A/HRC/10/46) focuses on activities undertaken by OHCHR, treaty bodies and special procedures. Such activities, as was evinced during the campaign for the 60th anniversary of the Universal Declaration of Human Rights, demonstrate an ongoing commitment by OHCHR to further strengthen its work in the field of economic, social and cultural rights at the country, regional and international levels. The adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights by the General Assembly on 10 December 2008 marked a very significant development for the promotion and protection of these rights.

The progress report of the Secretary-General on the protection of human rights in the context of HIV and AIDS (A/HRC/10/47) provides an update on actions taken by Governments, UN entities, international and non-governmental organizations to ensure the respect, protection and fulfillment of HIV/AIDS-related human rights, as contained in the International Guidelines on HIV/AIDS and Human Rights. The information received for this report highlights those groups that are vulnerable to HIV infection or vulnerable to human rights violations related to the disease, and areas that require further attention to discern their impact on the enjoyment of human rights. It concludes that, while some progress has been made in the global response to the epidemic, a number of human rights challenges remain.

Let me now note that in implementing HRC resolution 7/9, we are submitting an OHCHR thematic study on enhancing awareness and understanding of the Convention on the Rights of Persons with Disabilities (A/HRC/10/48), prepared with input from and in consultation with relevant stakeholders, including organizations of persons with disabilities. The findings and recommendations that emerged from the consultation process, including a one-day open-ended consultation held in Geneva last October, have been incorporated in the study. It focuses on legal measures, such as those concerning equality and non-discrimination that are key to the effective implementation of the Convention. I hope the report will provide substantive information for the HRC’s first annual debate on the rights of persons with disabilities, which gets underway later this morning with the High Commissioner opening the debate.

The report of the Secretary-General on the Trust Fund on Contemporary Forms of Slavery (A/HRC/10/49) contains the recommendations adopted by the Board of Trustees of that Fund at its 13th session, held in Geneva last September. It covers the financial status of the Fund; new project grants for 2008; progress in implementing the recommendations of the Office of Internal Oversight Services (OIOS); and the Board’s needs assessment for 2009. The report shows that voluntary contributions to the Fund have increased significantly, enabling the Fund to support 71 grassroots’ initiatives to combat contemporary forms of slavery in 45 countries.

Based on HRC decision 2/102, the High Commissioner submitted a report on the rights of indigenous peoples (A/HRC/10/51). The report contains a review of relevant developments as regards the rights of indigenous peoples, and includes references to the UN Declaration on the Rights of Indigenous Peoples. It covers the work of treaty bodies, special procedures and OHCHR field presences from 2007 to 2008. Taking this opportunity, I would like to invite the HRC to reflect on the nature of this report and to consider grouping all reports on the rights of indigenous peoples together to be submitted to the HRC at one session each year, in order to facilitate their consideration.

Further, I wish to draw your attention to two reports of the Secretary-General (A/HRC/10/54 and A/HRC/10/55) on OHCHR activities regarding national human rights institutions (NHRIs), and the accreditation process of NHRIs, respectively. The first report shows that OHCHR is continuing to strengthen the role of NHRIs at country, regional and global levels. In most cases, our support was provided in close cooperation with national UNDP offices and regional networks of NHRIs, such as the Asia Pacific Forum. OHCHR also supported an enhanced role for NHRIs in HRC sessions, treaty bodies and special procedures. The second report elaborates upon the accreditation process of the International Coordinating Committee of NHRIs (ICC), to which OHCHR provides substantive and secretariat support. The accreditation process has recently been strengthened by increased transparency, consultations with regional bodies and national stakeholders, as well as more specific and time-bound recommendations. As of December 2008, 64 NHRIs worldwide were accredited with A status.

OHCHR report on Advisory Services on Technical Cooperation in the field of Human Rights (A/HRC/10/57) presents an update of the work of the Board of Trustees of the Voluntary Fund for Technical Cooperation in the Field of Human Rights. The report provides an account of the progress and concrete achievements made by OHCHR – as well as obstacles encountered - in the implementation of the programme of advisory services and technical cooperation in the field of human rights. It also contains detailed financial overviews of how the funds for technical cooperation were put to use.

OHCHR report on promotion of the enjoyment of cultural rights of everyone and respect for cultural diversity (A/HRC/10/60) is the result of the consultation with relevant stakeholders, requested by the HRC, on the content and scope of the mandate of an independent expert in the field of cultural rights. The report summarizes the views of fifteen Member States, UNESCO and a coalition of non-governmental organizations on the issue of establishing such mandate.

Allow me to illustrate a few points of the OHCHR report on the relationship between climate change and human rights (A/HRC/10/61) submitted pursuant to HRC resolution 7/23. The report explores how specific groups tend to be particularly vulnerable to climate change-related effects. It considers the human rights implications of climate change-related displacement and conflict, as well as the possible human rights impact of policies and measures taken by States in the face of climate change. The report also discusses how international human rights law can provide protection for individuals against climate change-related effects. It concludes that climate change-related impacts have a range of direct and indirect implications for the effective enjoyment of human rights. Moreover, the effects of climate change on human rights are often determined by non-climatic factors, including discrimination and unequal power relationships. This underlines the importance of designing adequate policy measures to address the human rights threats posed by climate change.

I will now turn to the OHCHR report on the elimination of discrimination against persons affected by leprosy and their family members (A/HRC/10/62). The report summarizes various submissions received from stakeholders on this issue as well as a one-day open-ended consultation organized by OHCHR in Geneva in January 2009 with the participation of Member States, international and non-governmental organizations and experts, as well as persons affected by leprosy and their organizations. The outcome of the meeting is briefly summarized in this report, which will be forwarded to the Advisory Committee for follow-up action.

Let me draw your attention to the High Commissioner’s report on trafficking in persons (A/HRC/10/64), which has been submitted to the HRC for the first time. The report reviews recent policy developments and activities within the UN system to combat trafficking in persons, including activities of OHCHR and various UN entities, as well as of the UN human rights mechanisms. It further presents the Recommended Principles and Guidelines on Human Rights and Human Trafficking, developed by OHCHR in 2002.

Finally, regarding the Secretary-General’s report on the question of the death penalty (A/HRC/10/67), the note before you indicates that, in light of developments in 2008, it will be presented at the September session of the HRC.

This concludes my presentation today focused on thematic reports submitted to the HRC at its present session. I do hope that you will find them informative and enriching as you continue your discussions.

Thank you.