Statement by Ms. Navi Pillay, United Nations High Commissioner for Human Rights to the United Nations General Assembly - 66th Session

New York, 19 October 2011

Mr. President of the General Assembly,
Excellencies,
Ladies and Gentlemen,

         I am very pleased to present my report to the 66th session of the General Assembly.  Since I last stood before you, the protest movements in the Middle East and North Africa have reaffirmed the reach of human rights in areas where repression and a denial of rights once seemed immutable conditions. My Office sought to support this quest for civil, political, economic and social rights both at the national level and at international fora.

         In that region as elsewhere, I draw great encouragement from the progress we are making on the ground. With the inauguration of a country office in Tunisia this year, OHCHR now  supports 56 human rights field presences: 12 regional presences, 13 country/stand-alone offices, 14 human rights components in United Nations peace missions and 17 human rights advisers within United Nations country teams. Furthermore, in 2011, the expertise of OHCHR’s Rapid Response Section was solicited more than ever as numerous human rights crises erupted.

These presences are bolstered by our activities at headquarters and the missions of OHCHR’s leadership. 

Not only did we seek to address rapidly unfolding developments, and throw light on chronic human rights conditions, we also pursued OHCHR’s thematic priorities often in collaboration with UN partners and human rights mechanisms.  Let me recall that these priorities entail strengthening human rights mechanisms and building international human rights law; countering discrimination; eradicating poverty and asserting economic, social and cultural rights and the Right to Development; promoting human rights in the context of migration; protecting human rights in situations of armed conflict and violence; and combating impunity. 

You will find more details of OHCHR program of work in the report before you.  I will now highlight some of its key features by providing concrete examples of how our work is making a difference on the ground. 

Strengthening human rights mechanisms and building international human rights law
In addition to its regular sessions, the Human Rights Council held three special sessions. OHCHR has been readily available to support the Council’s multi-faceted activities, including its Universal Periodic review which allows the international community to take stock of the human rights situation in all Member States and provides a framework for implementation. By now all 193 UN Member States have been reviewed through the UPR process, with 100 per cent participation rate of States, reflecting their engagement with this mechanism.  Throughout this process, my Office provided support to States in the preparation of the reviews and by proposing practical ways to follow up the UPR’s recommendations.  Thus far, we provided assistance to 40 countries. 

We continue to facilitate the work of the special procedures both at headquarters and in the field. With the Council’s establishment in 2011 of two new thematic mandates and two new country mandates, there are now 44 mandates.  A working group on the issue of human rights and transnational and other business enterprises replaced the independent expert on that issue, and the mandate on toxic wastes has been expanded to cover the implications for human rights of environmentally sound management of hazardous substances and toxic wastes.

I note that more than 89 Member States have extended standing invitations to special procedures, but they still face difficulties in securing approval to visit States, including from some that have extended standing invitations. I urge the General Assembly to encourage intensified dialogue at the national, regional and international levels.  I welcome the fact that the General Assembly strongly rejects any act of intimidation or reprisal against those who cooperate with the United Nations and its representatives in the field of human rights.

OHCHR supported the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises in the preparation of Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework, which were adopted by the seventeenth session of the Council.

The Working Group on discrimination against women in law and in practice held its first session in June 2011. I am confident that its future compendium of best practices related to the elimination of discrimination in law and practice will provide valuable guidance to States.

As for treaty bodies, their number has doubled in the last 10 years; the number of weeks in session annually has grown from 44 to 73; and the number of experts has expanded from 74 to 172. At the end of July there were 1,905 ratifications and accessions of human rights treaties and their substantive and procedural protocols. This remarkable success has, however, a downside, and that is system overload.

Following my call for a process of reflection, OHCHR has encouraged and facilitated further dialogue among different stakeholders aimed at developing ideas and proposals for further strengthening of the treaty body system. To this effect, consultations engaging States and civil society organizations were convened at various locations.  In May 2011, representatives of almost 90 Member States met in Sion, Switzerland, with the chairs of the treaty bodies.  Discussions are continuing and we hope to produce a full commentary next year.

As for the production of treaty body’s jurisprudence, it has continued in earnest.  By way of example, let me note the adoption of General Comment No. 34 on the interpretation of article 19 of the International Covenant on Civil and Political Rights by the Human Rights Committee.  I would also like to highlight that in December 2010, the Committee on Migrant Workers (CMW) adopted its first general comment on the rights of migrant domestic workers.
An innovative instrument for the study and advocacy of the work of human rights mechanisms is the Universal Human Rights Index, an electronic tool which my Office manages and which allows for wide dissemination of the recommendations and observations of the human rights treaty bodies and special procedures. Soon we will also index UPR recommendations. This integrated approach will assist States in the implementation of recommendations, and facilitate and streamline follow-up at the national level.

Countering Discrimination
Moving now to the topic of countering inequality and discrimination, OHCHR continued to draw attention to human rights violations, including discrimination, perpetrated against individuals on the basis of their sexual orientation or gender identity. In June, the HRC adopted resolution 17/19 “expressing grave concern at acts of violence and discrimination, in all regions of the world, committed against persons because of their sexual orientation and gender identity.” The resolution requests my Office to commission a dedicated study which will be released at the Council’s 19th session.

OHCHR convened a series of expert workshops on the prohibition of incitement to national, racial or religious hatred in order to strengthen compliance with the prohibition of incitement to hatred in full respect of freedom of expression.

I am pleased to report that my Office played a leading role in the 2011 International Year for People of African Descent (IYPAD), developing an office-wide Framework for Action to combat discrimination against Afro-descendants. OHCHR also launched a fellowship programme for people of African descent aimed at empowering them.  

This year also marks the tenth anniversary of the adoption of the Durban Declaration and Programme of Action (DDPA). My Office continued to assist member States to translate their obligations under international and regional human rights instruments to prohibit and eliminate racial discrimination into national laws, policies and programmes. Technical assistance for the development of national action plans against racial discrimination has been provided to five countries.

To similar effect, OHCHR continued to support the work of the Forum on Minority Issues and issued two publications: (1) “Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities,” and (2) “Minority Rights: International Standards and Guidance for Implementation”. And in May 2011, OHCHR launched the United Nations Indigenous Peoples Partnership (UNIPP) together with UN partners. UNIPP will fund programmes on access to justice, land and ancestral territories; legislative review and reform; democratic governance and indigenous peoples' institutions; and natural resources and extractive industries, thus promoting the UN Declaration on the Rights of Indigenous Peoples and facilitating its implementation.

Ladies and Gentlemen,

        Discrimination and inequality are to be found at the roots of violence against women.  We seek to counter this violence with a variety of instruments and interventions.  In November 2010 OHCHR, organized an expert workshop to identify challenges, good practices and opportunities to eradicate violence against women. OHCHR also prepared a report on good practices and remaining gaps in the prevention of violence against women, which was presented to the Council at that same session.

Among the most exposed and most vulnerable to discrimination are persons with disabilities. But the mind-set and prejudice that exclude them is changing. By the end of July, less than five years since its adoption by the General Assembly, there were 103 States parties to the Convention on the Rights of Persons with Disabilities. My Office has increased its support to the Committee that monitors the CRPD, which has begun considering States parties’ reports and individual communications. Twenty-five field presences provided assistance to States and civil society in 2010 in this area, compared to four in 2006.

And, increasingly, the vulnerability of the human rights of older persons around the world is coming into sharp focus.  My Office has undertaken targeted research and advocacy in this field, and is supporting this Assembly’s open-ended working group.

Advancing Human Rights in Development
“Development is a Human Right for All,” is the main theme of this year’s commemoration of the twenty-fifth anniversary of the adoption of the UN Declaration on the Right to Development. As a result of the efforts of Member States and other relevant stakeholders, the commemoration has inspired activities to advance the right to development, which will go beyond the anniversary year.

I am pleased to report that in May 2011, my Office participated in the fourth UN Conference on the Least Developed Countries (LDC- IV) in Istanbul (Turkey). The Istanbul Declaration and Programme of Action, adopted by the Conference, integrate human rights considerations in growing recognition of the importance of human rights to successful development outcomes.       

Similarly, building on Member States’ commitments of the 2005 World Summit, the 2010 General Assembly High-Level Plenary Meeting on the Millennium Development Goals (MDGs Summit) reached a historic agreement on the importance of human rights in Member States’ efforts to achieve the MDGs.  Eight specific human rights commitments were reflected in the Outcome Document’s Plan of Action.   My Office contributed to the preparatory processes, including through a communications strategy and advocacy campaign; research and policy analysis; and support to special procedures on MDG issues. At the MDGs Summit, I offered my Office’s support to all Member States willing to show leadership in integrating human rights in their national development plans. For instance, in Ecuador, the planning Ministry and OHCHR cooperated in the development of a methodology to integrate human rights in national development planning processes. This work continued in 2011, with a focus on the water sector.

Drawing from its rights-based budget monitoring carried out in Haiti and Liberia, in October 2010, OHCHR finalized a learning package on budget processes and human rights directed at supporting Member States and national partners to integrate human rights in their national development and poverty reduction strategies.  This learning package and a “training of trainers” module is being piloted in Africa, with the support of national, UN and civil society partners.

         In this context, let me offer some concrete examples of OHCHR advocacy of economic, social and cultural rights, such as the training activities on the justiciability of these rights that we conducted in 14 countries. 

In Cambodia, OHCHR assisted in 42 land disputes between villagers and companies, and provided legal advice to provincial and local authorities, communities and NGOs.  In Colombia, we offered legal advice in the context of debates on the Law of Victims and Land Restitution aimed at compensating victims of internal armed conflict and returning land to millions of displaced persons.

Migration
         In pursuing our task of promoting human rights in the context of migration, OHCHR highlights the situation of all migrants, including irregular migrants, whose human rights are routinely violated. I kept this issue in sharp focus when, as Chair of the Global Migration Group (GMG), I addressed the fourth Global Forum for Migration Development (GFMD) in Mexico in November 2010. During my chairpersonship, the GMG issued a landmark statement calling on States to protect the human rights of migrants in an irregular situation.

Combatting Impunity

Excellencies,

Let me move now to the topic of combating impunity, and of protecting human rights in the context of armed conflict and  insecurity.   As you know, OHCHR leads UN efforts in the field of transitional justice, a key element of post-conflict situations to ensure that violence is neither condoned nor perpetuated through impunity. The Secretary-General’s Guidance Note on the UN’s approach to transitional justice, adopted in March 2010, was used by the UN system as a common standard to support the establishment and functioning of transitional justice mechanisms.

In Nepal, OHCHR supported victim participation in transitional justice dialogues.  We provided training on the elements of truth-seeking bills, and in April and May 2011, convened three consultations on these bills designed to draw nationwide participation of victims groups.

Further to transitional justice initiatives in the DRC, OHCHR provided technical advice in March 2011 on a draft law introduced by the Government of the DRC on the establishment of special chambers for the prosecution of violations of international human rights law and humanitarian law.

In close collaboration with relevant UN entities, we contributed to putting into effect the operational elements of Security Council’s resolutions 1820, 1888 and 1960 on conflict-related sexual violence. The report of my high-level panel on sexual violence in the Democratic Republic of Congo was launched in March 2011 in Geneva. The UN Joint Human Rights Office/MONUSCO has been strengthened to assist in the follow-up to the recommendations of the report and is starting the implementation of pilot reparations initiatives in close cooperation with UN Women. My Office also continues to promote the implementation of Security Council Resolution 1325.

An important part of our work, which often goes unreported, pertains to the situations of detainees.  We advocate for the right to judicial review of their detention by an independent and impartial court, and to seek redress following torture, ill-treatment or other violations, as well as the right of pre-trial detainees to legal counsel and a speedy trial or release. In 2010, the United Nations Integrated Peacebuilding Office in the Central African Republic (BINUCA) obtained authorization to visit all detention centres. OHCHR in Cambodia obtained authorization to visit all civilian prisons in the country, while in Guinea, OHCHR assisted 60 youths detained after demonstrations in September 2010 to obtain legal aid from a pool of pro bono lawyers.

Human Rights Education
A firm conviction underpins various aspects of my presentation today, and that is the need to propagate human rights education as a means to combating impunity and strengthening accountability, the rule of law and democracy.  To this effect, OHCHR implemented human rights education programmes, provided assistance to Governments, institutions and civil society, and developed related tools.  On my visits to girls’ schools in Gaza and Goree Island in Senegal, I was inspired to hear children speak of human rights, dignity, and reconciliation.  In April 2011 in cooperation with UNDP, OHCHR launched the seventh phase of the “Assisting Communities Together” Project, which will provide grants in support of human rights education and training projects in 14 countries.

Indeed, recent developments in various countries of the Middle East and North Africa, and other situations, such as those in the Sudan (Abyei, South Kordofan) and Côte d’Ivoire, have highlighted the critical need to develop sustainable ways to prevent the escalation of violence and protect civilians promptly and effectively.  In 2011, OHCHR deployed high-level missions to Tunisia, Egypt, and Libya to engage with their transitional authorities and other counterparts. In July, I sent a mission to Yemen to conduct a preliminary assessment of the human rights situation and submitted a report to the Human Rights Council at its 18th session.  OHCHR has also supported independent commissions of inquiry mandated by the Human Rights Council on Côte d’Ivoire, Libya and Syria.  I also dispatched a Fact-Finding Mission on Syria which presented its reports last month.

The value of commissions of inquiry is unquestionable as they are a key step towards accountability.

My Office and DPKO finalized an Operational Concept on the Protection of Civilians (PoC) for mission planning, and conducted a stock-taking exercise on resources and capacity needed to implement PoC mandates. The principles underlying OHCHR’s work in this area are the complementarity and mutually reinforcing nature of international humanitarian and human rights law, and the central role of human rights in the effective protection of civilians in conflict situations.

The imperative of such protection, however, does not apply exclusively in situations of full-fledged hostilities.  In an increasing number of countries, large-scale violent crime exacts an enormous toll on human rights.  It also seriously erodes the democratic functioning of the State.

But the fight against crime, if not carried out in full respect for human rights, can also result in further attacks on the rights of those it seeks to protect. This is an issue that I raised in the course of my visit to Mexico and that is firmly on OHCHR’s radar.

Mr. President,

Let me conclude by drawing your attention to the fact that in the face of these towering challenges and escalating expectations, it has become increasingly difficult for OHCHR to keep pace with the multiplication of mandates and requests for assistance.

I welcome the General Assembly’s decision to consider ways to make essential resources available quickly in response to urgent and time-sensitive mandates created by the Human Rights Council.

Indeed, the relevance of human rights to all UN activities cannot be disputed. Let me enlist your good offices to pass on to your capitals this simple message: this is your human rights program; it belongs to all Member States. I urge your support so that human rights can truly constitute the third pillar of the United Nations and respond to the legitimate demands of people in all parts of the world.

Thank you.