Introductory Statement by Mr. Bacre Waly Ndiaye, Director of Human Rights Council and Special Procedures Division, OHCHR to the 15th session of the Human Rights Council, Presentation of Reports on Items 2 and 3

16 September 2010
Geneva

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

I wish to thank the Human Rights Council (HRC) for this opportunity to address you.  My presentation today introduces thematic reports in numerical order with the exception of one, which is presented last, because it has been prepared in conjunction with the Division of Conference Management. Colleagues of the Division are with us this morning to respond to any questions delegations may have in respect of this report.

Two reports,(A/HRC/15/34, A/HRC/15/38) the annual report on the rights of indigenous peoples and a second relating to the proposal made by the Expert Mechanism on the Rights of Indigenous Peoples to expand the mandate of the Voluntary Fund for Indigenous Populations have been held over.  They will now be presented on Monday 20 September when the reports of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people and the Expert Mechanism on the Rights of Indigenous Peoples will be introduced.

Turning first to the Report of the Secretary-General on the question of the death penalty (A/HRC/15/19), this report covers developments from 30 June 2009 to 1 July 2010. I would draw your attention to the Secretary-General’s latest quinquennial report of 2009 (E/2010/10), as well as to the report of the Secretary-General (A/63/293 and Corr.1) and the forthcoming report of the Secretary-General to the Assembly on moratoriums on the use of the death penalty.

Developments on the question of the death penalty suggest that the trend towards abolition is continuing. A number of States are engaging in national and regional debates on whether to lift existing moratoriums or to abolish the death penalty altogether, while others have gradually restricted its use.

Serious problems remain however, with regard to respect for international law in countries where the death penalty is still imposed, particularly in its limitation to the most serious crimes, the exclusion of juvenile offenders from its scope, and due process guarantees.
 
Analysis of the application of the death penalty remains difficult in the light of a lack of transparency by some States in providing information on individuals sentenced to death and executed.

Ladies and gentlemen,

The General Assembly in its resolution 64/172 entitled “the right to development” reaffirmed its request to the High Commissioner, “to undertake… activities aimed at strengthening the global partnership for development between Member States, development agencies and the international development, financial and trade institutions, and to reflect those activities in detail in her next report to the Human Rights Council”.

The Assembly also requested that the Secretary-General submit an interim report to the Council on the implementation of the above resolution. As per the established practice, the reports of the Secretary-General and the High Commissioner have been consolidated in this report A/HRC/15/24.

This update to the Council is a reflection of the weight the Office gives to this priority area. The report provides a detailed account of an increasing number of activities the Office has undertaken in mainstreaming the right to development, it demonstrates the effort the Office has made in strengthening global partnerships and it concludes by identifying the challenges that lie ahead and lessons learned.

Mr. President,

For this session of the Council the Office of the High Commissioner was also requested  pursuant to resolutions 9/11 and 10/26 “to prepare a report identifying trends and best practices in the use of forensic experts in case of gross violations of human rights”. 

Further, the Office was asked to include in its report, “the use of forensic genetics for identifying victims of serious violations of human rights and international humanitarian law with a view to considering the possibility of drafting a manual that may serve as a guide for the application of forensic genetics, including, where appropriate, the voluntary creation and operation of genetic banks, with appropriate safeguards” (A/HRC/15/26).

The report describes the existing human rights framework, outlines national practices, and frames the context and primary components of a possible text on forensic genetics and human rights as suggested in the Council resolution.

It concludes that the use of forensic experts, and in particular the use of forensic genetics, have a crucial role to play in identifying victims of serious violations of human rights and international humanitarian law.

The report stresses that to the maximum extent possible, these practices should be based on objective scientific methods.  In the collection, processing, use and storage of human genetic data respect for human dignity and the protection of human rights and fundamental freedoms must be ensured.

The Human Rights Council in resolution 11/3 on “Trafficking in persons, especially women and children,” requested the Office of the High Commissioner to organize a seminar aimed at “identifying opportunities and challenges in the development of rights-based responses to trafficking in persons with a view to acknowledging emerging good practices and further promoting the practical application of the Recommended Principles and Guidelines on Human Rights and Human Trafficking.”

This report (A/HRC/15/27) contains a summary of discussions and recommendations from the seminar, “A human rights approach to combating human trafficking: challenges and opportunities. Implementing the Recommended Principles and Guidelines on Human Rights and Human Trafficking,” which was held in May.

The seminar confirmed that a human rights approach to trafficking is one that is normatively based on international human rights standards and operationally directed to promoting and protecting human rights. The participants affirmed that this perspective now enjoys widespread support and there is growing agreement as to the key elements of an effective, rights-based strategy to trafficking.

An Addendum requested in the same resolution provides a brief introduction and background to the Recommended Principles and Guidelines, and a compilation of experiences, including both challenges and emerging good practices with respect to applying a human rights-based approach to identification and victim protection, criminal justice responses, and prevention.

The World Programme for Human Rights Education (2005-ongoing) was launched by the General Assembly in 2004 in order to advance implementation of human rights education in all sectors.

While the General Assembly this year is reviewing the evaluation of the first phase (2005-2009) of this Programme which was dedicated to the primary and secondary school systems, the Human Rights Council, in resolution 12/4, requested OHCHR to prepare a draft plan of action for the World Programme’s second phase (2010-2014). This draft is focused on human rights in higher education and on human rights training for teachers and educators, civil servants, law enforcement officials and military personnel.

The draft plan of action before the Council (A/HRC/15/28), offers specific guidance for Governments and other relevant actors with regard to national implementation of human rights education in the above-mentioned sectors, both in terms of process and content. It has been developed through broad consultations with governmental and non-governmental actors. Governments, in particular, have been invited to comment on an advanced draft, which has been revised accordingly.

If adopted, this text will serve as a reference and methodological tool for human rights education work throughout the second phase of the World Programme and beyond.

Ladies and gentlemen,

The “Study of the Office of the High Commissioner for Human Rights on challenges and best practices in the implementation of the international framework for the protection of the rights of the child in the context of migration”(A/HRC/15/29) has been submitted pursuant to Human Rights Council resolution 12/6.  

The study sets out the specific standards and principles that inform the international framework for protection of the rights of the child in the context of migration. It examines challenges in the practical implementation of this framework, and notes best practices in terms of legislation, jurisprudence and joint efforts at the bilateral, regional and international levels.

The report ends with conclusions and recommendations to strengthen the implementation of the international framework and better protect the rights of the child in the context of migration. 

Noting that children in this situation are all too often subjected to discrimination, violence, deprivation, and abuse, the study concludes that the most effective strategy for their protection is to ensure that migration policies in general do not criminalize migrants; are non-discriminatory; address the entire process from a child and gender perspective; are premised on and respectful of human rights norms and standards; and are evidence-based with coordination between all relevant stakeholders.

 The report entitled, “Right to the Truth” (A/HRC/ 15/33) is submitted pursuant to Human Rights Council resolution 12/12.

The report reviews various international legal provisions on States’ obligations to protect witnesses, victims and others concerned, and discusses relevant judicial practice and jurisprudence. Witness protection measures and programmes at the international and national levels are discussed along with the key elements essential for establishing an effective witness protection programme.

The report concludes that there are too few examples of witness protection programmes operating at the national level relating to investigation and prosecution of gross violations of human rights or serious violations of international humanitarian law.

Consequently it is recommended that States consider developing comprehensive witness protection programmes covering all types of crimes. It makes the point however, that witness protection within the framework of criminal procedures relating to gross human rights violations or serious violations of international humanitarian law require particular elements. In that regard, the development of a normative framework based on existing legal obligations to enhance common standards and best practices may be useful.

This report proposes that witness protection measures should be consistent with the principle of the right to a fair trial, and an integral part of the justice sector strategy. It also affirms the need to refine the effectiveness of witness protection methods through the provision of adequate financial, technical and political support for national programmes.

Ladies and gentlemen,

In resolution 12/17 the Human Rights Council requested the High Commissioner for Human Rights “to prepare a thematic study on discrimination against women, in law and practice, and on how the issue is addressed throughout the United Nations human rights system”.
It requested the High Commissioner to take into account efforts made to address discrimination against women in law and practice, particularly by the Commission on the Status of Women. The Council decided that it would address the thematic study at its fifteenth session, “in order to consider taking further possible action on discrimination against women at that session.”
By note verbale of 29 March 2010 the High Commissioner solicited information on the issues to be addressed from member and observer States, United Nations agencies and programmes, non-governmental organizations and other stakeholders.  The study also drew on a substantial body of previous work undertaken by the Office of the High Commissioner.
The report outlines international standards, obligations and commitments of States to ensure equality between women and men, to eliminate discrimination against women in general and to address discriminatory laws in particular. It gives a non-exhaustive overview of how discrimination against women has been addressed by the human rights system, and also offers options for action in terms of working methods and mechanisms of the Human Rights Council and coordination with UN Women including the establishment of a special mechanism focusing on this issue.
The response to the note verbale is detailed in an addendum to the report (A/HRC/15/40.Add.1.).

Efforts by OHCHR and the United Nations to strengthen the implementation of the 1992 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities are summarized in the following report (A/HRC/15/42), submitted in accordance with Human Rights Council resolution 13/12.

Through its leading role in the Inter-Agency Group on Minorities, the Office fosters cooperation on minority issues between UN agencies globally to promote realization of the rights of persons belonging to national or ethnic, religious and linguistic minorities.

This report provides a critical overview of the Declaration in various contexts and also describes the specific activities of the Office to support and promote its implementation, for example, through regional consultations on Good Practices in Policing and Minority Communities which offer an opportunity to share experiences and focus on successful practices.

The Office continued it’s Minority Fellowship Programme in 2009 providing representatives of minority communities from different regions of the world with training to familiarize them with UN human rights processes and institutions and the mechanisms dealing with minority rights issues.

The report highlights the work of the Independent Expert on Minority Issues and notes that OHCHR’s network of more than 50 field presences increasingly include in their programmes that advance the rights of persons belonging to minorities.

Let me turn now to the analytical report (A/HRC/15/43) of the Secretary-General on the impact of unilateral coercive measures on the enjoyment of human rights, submitted in accordance with Human Rights Council resolution 12/22.

The report contains summaries of responses from eleven countries - Algeria, Argentina, Belarus, Burkina Faso, Costa Rica, Guatemala, Jamaica, Qatar, the Russian Federation , Serbia, and Slovakia - and a brief analysis.

Most States responded with reference to the requirements of international law and reconfirmed their adherence to Human Rights Council resolution 12/22 and other international standards relevant to unilateral coercive measures. 

Mr. President,
 
The Council has before it the report of the seventeenth annual meeting of special procedures (A/HRC/15/44), held in Geneva from 28 June to 2 July 2010. Discussions focused on the independence and effectiveness of the special procedures, harmonization of working methods and the approach of special procedures to the Human Rights Council review. 

A broad exchange of views was held with the President of the Council, members of the Bureau, States, participants in the eleventh Inter-Committee Meeting of treaty bodies, as well as with representatives of United Nations entities, the Office of the High Commissioner for Human Rights, non-governmental organizations and national human rights institutions. 

Mandate holders stressed the need for the Council review to strengthen the independence, effectiveness and scope for action of the special procedures system. They emphasized the importance of according Special Procedures the possibility of participating in the process as equal partners.

The role of special procedures in early warning and natural disasters and how to enhance coordinated follow-up to the work of human rights mechanisms, including with treaty bodies and the universal periodic review was also discussed. 

They elected their Coordination Committee, which expressed its commitment to being a constructive interlocutor in respect of the system with all stakeholders and to engage proactively with the Council President, States and others.

The updated report (A/HRC/15/49) of the Secretary-General on the comparative summary of existing communications and inquiry procedures and practices under international human rights instruments and under the UN system is under preparation with a view to making it available at the December meeting of the Working Group on the Optional Protocol of the Convention on the Rights of the Child.

Distinguished members of the Council,

On 4 June this year, the Human Rights Council held a panel discussion on the protection of journalists in armed conflict, pursuant to its resolution 13/24. The panel took place against the backdrop of alarming reports of killings, harassment, intimidation or kidnapping of journalists, men and women, in situations of armed conflict. As such, the panel is a testimony to the importance the Council gives to this serious issue.

Many journalists and media professionals make the courageous choice to go to conflict zones so that the world can be told about armed conflicts and the human cost they entail. As a consequence, they have increasingly become targets of intentional attacks by parties to the conflict. A genuine willingness on the part of States to effectively address the protection of journalists at a national level is therefore of the utmost importance. Preventing impunity is indeed the most important deterrent.

The existing body of law is sufficient to protect journalists even when they report from war zones. Nevertheless, in almost all cases the perpetrators of crimes against journalists escaped justice. The erosion in the observance of the international norms highlights not only the need for more vigorous implementation of these norms, but also the need to take proactive measures to ensure they will be fully respected and implemented. 

It is expected that this panel will guide the Council in devising concrete action to address these challenges (A/HRC/15/54).

The next report (A/HRC/15/56) follows from an international workshop entitled “Enhancing cooperation between international and regional human rights mechanisms” held in Geneva in May this year, in compliance with Council resolution 12/15.

The workshop was attended by representatives of regional human rights mechanisms, UN member States, representatives of treaty bodies and special procedures, national human rights institutions, international and national non governmental organizations and academic institutions.

The participants discussed ways and means to strengthen the existing cooperation between the United Nations and regional arrangements in the field of human rights, including information-sharing with regard to best practices, jurisprudence, urgent situations and the UPR. They also identified possible joint activities by international and regional human rights mechanisms: country visits, reports and publications, press releases and statements, awareness-raising and capacity building activities.

Participants also recommended that biannual meetings be convened with the participation of international, regional and sub-regional human rights mechanisms, governments, national human rights institutions and non government organizations. The participants urged States and intergovernmental organizations to allocate the necessary financial and human resources in order to ensure the implementation of the workshop recommendations.

The Office of the High Commissioner has prepared a report to the General Assembly on behalf of the Secretary-General containing a draft programme of activities for the International Year for People of African Descent (A/HRC/15/59).

In its resolution 64/169, the General Assembly during its last session proclaimed the year beginning 1 January 2011 as the International Year for People of African Descent and requested the Secretary-General to present a report at its 65th session with a draft programme of activities for the Year.

The resolution also requested that the Secretary-General consult a number of parties in preparing his report. The Office solicited views and recommendations from Member States, the Committee on the Elimination of Racial Discrimination, the Working Group of Experts on People of African Descent of the Human Rights Council and other relevant United Nations agencies, funds and programmes.

 Summaries of the contributions received are included in the report along with a draft programme of activities for the International Year. In accordance with Human Rights Council resolution, 14/16 the report is being made available to the Human Rights Council during its 15th session.

During its 12th session in October 2009 Council requested a report on how to improve conference and secretariat services for the Council (A/HRC/15/17).  The issue is well known to all and was addressed in great detail in a report to the 9th session of the Council in September 2008.

That earlier report examined the reasons for the provision of inadequate conference services, assessed the additional resources that would be required to adequately support the Council and its mechanisms, in particular the UPR process and made appropriate recommendations. Unfortunately, that report was not acted upon by the General Assembly, and the issues remain. 

The present report has been prepared in conjunction with the Division of Conference Management in UNOG. As you may have noted from it, the Secretariat believes that the resource requirements are unchanged. Without the provision of sufficient permanent capacity to address the massive workload of the Council and the UPR process, not to mention all of the treaty bodies with similarly increasing workloads, the Council will face ongoing difficulties. 

As such, our assessment is that these needs will have to be addressed at the very least in the context of the upcoming budget process for the next biennium.  We will count on all of your support as those proposals are reviewed by the General Assembly.

That concludes the presentation of thematic reports. Thank you.