人权理事会
下午

2014年3月4日

人权理事会今日下午举行了一场关于在联合国系统内推动预防性方针的高级别对话。

联合国人权事务副高级专员弗拉维亚∙潘谢里代表联合国人权事务高级专员纳维·皮莱发表声明，称保护人权可以帮助预防武装冲突和大规模暴行。她简述了办事处采用的多项预防性方针，包括对人权侵犯的早期预警、推动条约的批准和对国家人权机制的支持。她强调，预防性措施需要创造力、活力和政治领导力，尽管有时难以衡量它们的影响和效力，但其确实能够拯救财产和生命。

参与讨论的小组成员有联合国日内瓦办事处代理总干事迈克尔•默勒（Michael Møller）；联合国秘书长防止灭绝种族问题特别顾问阿达马·迪昂（Adama Dieng）；助理秘书长兼人道事务协调厅紧急救济协调员康京和（Kyung-wha Kang）；联合国防范酷刑小组委员会副主席兼国际法学家委员会（International Commission of Jurists）秘书长怀尔德·泰勒-桑托（Wilder Taylor-Santo）；助理秘书长兼联合国人口基金副执行主任安妮-比吉特•阿尔布雷特森（Anne-Birgitte Albrectsen）。日内瓦大学法学院教授兼日内瓦国际关系及发展高等学院国际法兼任教授保拉·盖塔（Paola Gaeta）主持了讨论。

盖塔女士介绍了小组讨论，表示它将聚焦联合国系统内的预防性行动，并寻求了解如何加强各机制间的协同，用以预防严重和一般的人权侵犯。

默勒先生表示，毫无疑问人权侵犯是当下许多冲突的根源，联合国预防性的介入方面仍存在巨大的挑战。预防是一项人权任务，最迫切需要的是心态的改变以及文化的根本变革，使所有相关行动者走到一起。

迪昂先生表示，历史已经证明，暴行和犯罪是一整个过程而非个别事件，它们并不是在一夜之间发生的，而是起始于针对受害者的仇恨言论、严重歧视和边缘化。他的办事处多年来一直在研究灭绝种族罪行和其他暴行的征兆，并开发了各国可以用于早期预警的工具。

康女士谈到了人道主义团体在预防人权侵犯和相关挑战方面的作用，她说人道主义行动也关乎保护人们免受进一步的伤害，这一举措的关键是理解弱势群体的需求，以及他们如何受到危机的冲击。各国是最终的义务承担人，它们在人道主义危机中不遵守规定会导致生命的逝去。

泰勒-桑托先生强调了独立机制对预防酷刑不断出现的重要性。预防性方针需要牢固地融入更广泛的保护战略中，并需要有力的合作，不断开展对话，交流经验。泰勒-桑托先生强调，坚决打击有罪不罚的政策往往是最具效率、最具保护性的。

阿尔布雷特森女士表示，妇女的生殖权是人权的根本和核心，并补充称联合国人口基金致力于收集有关人权侵犯的数据、以及推动教育和参与决策进程，消除了妇女和女童获得健康服务的障碍，并广泛与地方社区合作，终结对妇女和女童的有害做法。

在随后的讨论中，各会员国表示，只有理事会的做法从“反应”变为“预防”，变革才会切实地发生。理事会拥有各种工具，可以使预防成为现实，并协助制定在早期解决人权问题的更富有合作精神的国际框架，包括确保灭绝种族永远不会发生。联合国条约机构系统为各国提供了细审其体制并发现缺陷的机会，而普遍定期审议已被证明是一个帮助各国开展合作、解决缺陷的重要平台。通过“权利在先”倡议，联合国已表明其制定预防性措施议程的承诺，当下的挑战是在整个系统内落实议程。

在讨论中发言的有以下理事会成员：马尔代夫、纳米比亚、布基纳法索、摩洛哥（代表法语区国家）、波兰、匈牙利、丹麦、塞拉利昂、俄罗斯（代表意见相同的会员国小组）、欧盟、埃塞俄比亚（代表非洲集团）、乌拉圭（代表一组国家）、澳大利亚、美国、瑞士、法国、中国、土耳其、黑山、印度尼西亚、挪威、奥地利、埃及、印度和巴西。红十字国际委员会也作了发言。

作了回复发言的国家有印度尼西亚、叙利亚、朝鲜民主主义人民共和国和沙特阿拉伯。

人权理事会将在3月5日（周三）举行全天会议。会议将在上午9点开始，继续进行高级别部分。

人权事务副高级专员的开幕致辞

人权事务副高级专员弗拉维亚∙潘谢里代表人权事务高级专员纳维·皮莱发表声明，称预防是人权事务高级专员办事处的任务核心。保护人权可以帮助预防武装冲突和大规模暴行。人权状况的恶化可以作为危机即将发生的征兆。促进和保护人权并确保对人权侵犯的问责可以提供有效缓解冲突的方法，并避免人道主义危机的人力和财政代价。冲突一旦爆发，首当其冲的是使用所有实际的方法来保护平民。在这些情况下，遵守国际人道主义法并尊重人权十分关键。秘书长将预防作为一项首要任务，这一内容载于2012-2017年五年行动议程中。各国采取立法、行政和其他适当措施以预防人权侵犯的责任载于法律，但持续出现的人权侵犯显示仍有许多工作要做。

援助可以实现，联合国实体正在付出更大努力，加强其人权活动中预防层面的做法，并与各国开展合作和建设性的交流。“权利在先”倡议中已在此方面强调了六项行动点。人权高专办落实了各类预防性方针，包括对可能的侵犯的早期预警，倡导落实条约，支持国家人权机制。58个国家的外地办事处向各国提供技术援助，建设并加强有效的国家保护系统。办事处还指导各国设计和落实反歧视法律与政策、专题战略、行动计划和民主体制建设，并已开发了实用工具。预防性措施需要创造力、活力和政治领导力。尽管有时难以衡量它们的影响和效力，但其确实能够拯救财产和生命。

主持人的发言

日内瓦大学法学院教授兼日内瓦国际关系及发展高等学院国际法兼任教授保拉·盖塔主持了讨论，她表示今天正在探讨一个至关重要的问题：联合国系统内部正在开展的预防行动、以及如何增强各机制间的协同以预防严重和一般的人权侵犯。预防优于救助。增强预防性方针的必要性有着坚实的国际人权领域框架。各国有责任根据《防止及惩治灭绝种族罪公约》采取一切必要而合理的举措预防灭绝种族。也有必要坚持将教育作为推动人权的必要工具。小组成员将分享各自任务方面的经验。

小组成员的声明

联合国日内瓦总部代理总干事迈克尔•默勒表示，预防是联合国工作的核心，这一点不言而喻：《联合国宪章》已在序言中非常明确地予以指出。然而在许多情况下，联合国的做法仅仅是作出反应而非提前行动。默勒先生说，他自己多年来一直在推动联合国系统内的预防问题议程。这并不是轻松的任务，但已取得了不少成果。联合国需要更善于使用现有的工具，并交流成功和失败经验。毫无疑问，人权侵犯是当今许多冲突的根源。秘书长自上任以来一再关注联合国预防方面的努力。

联合国旨在预防冲突的参与更注重实地、灵活和快速。不过面前依然有巨大的挑战，各种威胁也日益越过国境，越过大洋。预防是一项人权任务。联合国预防问题工具箱仍需扩大。政治特派团的数量和复杂度都显著增加。特别大使被迅速地派往各地缓解紧张局势。目前正在和次区域和区域组织建立更多、更强大的伙伴关系。虽然取得了进展，失败之处令人遗憾。联合国还不能自我庆祝或自我满足。最终的目标在于将安全、发展和人权这几大支柱有效联系起来。最迫切需要的是心态的改变以及文化的根本变革，使所有相关行动者走到一起。

联合国秘书长防止灭绝种族问题特别顾问阿达马·迪昂表示，其任务的核心目标本质上是预防性的，他的办事处作为早期预警系统开展工作，提请秘书长注意可能升级为种族灭绝的人权状况和人权侵犯。其目标在于从“反应”方针转变为“预防”方针，并落实保护的责任。保护人员生命方面还有很多工作要做。历史已经证明，暴行和犯罪是一整个过程而非个别事件，它们并不是在一夜之间发生的，而是起始于针对受害者的仇恨言论、严重歧视和边缘化。特别顾问表示，他的办事处多年来一直在研究灭绝种族罪行和其他暴行的征兆，并开发了各国可以用于早期预警的工具。

特别顾问的办事处还负责联合国系统预防灭绝种族方面的能力建设。特别顾问强调，预防比反应更节省成本，而暴行一旦发生，许多行动的机会就此消失。预防的附加价值有时候很难展示；冲突的预防和灭绝种族/暴行的预防并不是同等的，因为灭绝种族和暴行并非在所有冲突中发生。所有国家都不能以为自己可以完全摆脱暴行罪。暴行可能在任何地方发生。传达这条消息是一项挑战。关键挑战在于教育，在于如何让年轻人获得预防灭绝种族和暴行罪的知识和工具。

助理秘书长兼人道事务协调厅紧急救济协调员康京和回应了主持人关于人道主义团体在预防人权侵犯和相关挑战方面的作用的问题，并表示人道主义行动不仅关乎回应人道主义危机，还关乎保护人们免受进一步的伤害和人权侵犯。了解弱势群体的需求，制定确保他们免受进一步伤害的回应措施，这是人道主义行动的关键。要认识危机对具体群体的影响并制定相应的回应措施，监督援助的提供和与受影响社区的互动是必要的。这项工作还在进展之中，为受影响群体提供问责制是改革人道主义系统的支柱，也为该问题增加了新的活力。

保护应处于人道主义行动所有方面的核心，它被定义为按照国际法规定确保充分尊重个人权利的所有活动。国家和国际层面的人道主义行动者都有重要的外地存在，可以协助国际行为者实时应对人权侵犯和人道主义状况。归根结底，各国是义务承担人。充分遵守国际人道主义法和国际人权法对确保保护受灾群体至关重要。我们遗憾地看到这些规定在叙利亚、南苏丹和其他地方的冲突中公然遭到违背。根本挑战在于，义务承担人在人道主义危机中不遵守规定，由此导致生命的逝去。

联合国防范酷刑小组委员会副主席兼国际法学家委员会秘书长怀尔德·泰勒-桑托表示，《禁止酷刑公约》的任择议定书创立了一个体系，即防范酷刑小组委员会和国家防范机制专家可以对拘留中心开展预防性的访问。 各缔约国同意允许小组委员会和国家机制的专家不受限制地进入所有可能剥夺被拘者自由的地点。任择议定书最具创新的特点是，各缔约国可指派、创立或维持用于在国家层面防范酷刑的独立机制，这反映了小组委员会的职能，也具备显著的优势：国家机制在实地防范酷刑方面实现了持续的存在，其基础在于一项国际协定，也在于其他重要特征，例如贴近政府和民间社会，协助对话与建立信任。

国家防范机制和小组委员会的目标是以互相补充和协调的方式开展工作，虽然创立体系需要时间，但从中期来看仍能期待积极成果。针对以吸取的教训，泰勒-桑托先生表示这与防范体系复杂性方面的挑战有关，尤其包括：变革法律、行政和政治意愿的需要；小组委员会这样的国际机构在推动协作和建立坚实的全国防范机构网络方面的潜在贡献；预防工作需要各级政府的全面努力；需要相称的财政投资。为了取得成功，预防性的方针需要牢固地融入更广泛的保护战略中。预防还需要有力的合作，不断开展对话，交流经验。通过在其他侵犯行为中落实预防性技术，可以取得不俗的成绩，在各类保护措施中，坚决打击有罪不罚的政策往往是最具效率、最具保护性的。

助理秘书长兼联合国人口基金副执行主任安妮-比吉特•阿尔布雷特森谈到了童婚、早婚、早孕和切割女性生殖器官等普遍问题。国际人口与发展会议的行动纲要刚刚开始最新一次审议，其中展现了妇女和女童持续地遭受不平等和歧视对待。妇女的生殖权是人权的根本和核心。为了预防人权侵犯，联合国人口基金已在推动人权侵犯问题的衡量和数据收集，并推进教育和参与决策程序问题。联合国人口基金致力于消除妇女和女童获得健康服务的障碍，并广泛与地方社区合作，终结对妇女和女童的有害做法。

互动对话
 
Maldives said that unless the Council moved from reaction to prevention, changes would not take place on the ground; conditions that promoted human rights abuses should be removed and an enabling environment should be established through concrete measures to reduce risk, including long-term measures such as the promotion of democracy and education.  Namibia said that the United Nations treaty body system provided an opportunity for States to scrutinise their systems and identify deficiencies, and the Universal Periodic Review had proven to be an important platform for States to engage cooperatively and address shortcomings.  Namibia believed that the review served like a preventive mechanism itself.  Burkina Faso emphasised the importance of knowledge of human rights as a form of prevention and said that strengthening early response mechanisms should be a priority, emphasising the need for international cooperation and technical assistance.  Morocco, speaking on behalf of the Groupe des Pay Francophone, said that the adoption of preventive approaches was more necessary than ever and that specific actions to combat impunity and human rights education were also important; civil society and other stakeholders also had an important role to play. 
 
Poland said that the prevention of violations lay at the heart of the mission of the United Nations system, which was set up with prevention as one of its key tasks, and the Council played an important role in the promotion and protection of human rights; the Special Procedures and the Universal Periodic Review constituted an important part of the United Nations prevention system and sharing best practices was crucial to identify gaps and priorities.  The panel constituted an opportunity for a cultural shift from a reactive to a preventive approach to human rights in the United Nations system and Hungary believed that the Council had all the tools at its disposal to make prevention a reality and to contribute to a more cooperative international framework for addressing human rights problems at an early stage, including ensuring that genocide would never take place again.  Denmark said that with “Rights Up Front”, the United Nations demonstrated its commitment to the preventive agenda and that the challenge was now to make it work in practice across the system, a preventive approach was also at the heart of questions concerning the “Responsibility to Protect”.
 
Sierra Lone stressed the importance of prevention in mitigating human rights violations which constituted one of the main causes of conflicts in Africa.  Sierra Leone was undergoing a constitutional review process to address the protection of rights more comprehensively.  Russian Federation, speaking on behalf of a group of like-minded countries, said that protection and prevention involved more than monitoring and sharing, resources and long-term efforts were necessary.  The international community should support the efforts of national governments to protect human rights and prevention should not entail any form of intervention.  Preventive approaches should be state-driven and have a clear agenda, as well as part of the key guiding principles.  European Union indicated the growing consensus about the importance of prevention and avoiding mass atrocities wherever they may occur; the necessary political will across the international community was necessary to overcome the current focus on a reactive approach.  Timely assistance to governments in need and the contribution of Special Procedures and treaty bodies in the provision of technical assistance for the implementation of Universal Periodic Review recommendations were also necessary.  Ethiopia, speaking on behalf of the African Group, said that sustainable development and poverty alleviation should be part of a preventive approach, and development cooperation should respect national policies and the sovereignty of States.  Uruguay, speaking on behalf of a group of countries, said that the United Nations had to focus on reaction and that the Council and the human rights system bore special responsibility and were in a good position to give first signals of early warning and to contribute with technical recommendations for the development of capacities.  
 
CHARLOTTE WARAKAULLE, speaking on behalf of MICHAEL MOLLER, Acting Director-General of the United Nations Office at Geneva, underlined in response to questions raised by the European Union the importance of strengthening the regional dimension in preventing conflicts.  She also underlined the role of the United Nations presence on the ground and the importance of early prevention, through the identification of trends that fuelled tensions between communities. 
 
KYUNG-WHA KANG, Assistant Secretary-General and Deputy Emergency Relief Coordinator, United Nations Office for the Coordination of Humanitarian Affairs, welcomed the landmark resolution on the strengthening of the treaty body system and congratulated all those who had taken part in this process.  Treaty bodies, she said, did have an important preventive role. 
 
ADAMA DIENG, Special Adviser to the United Nations Secretary-General on the Prevention of Genocide, said the “Rights Up Front” initiative was one of the latest measures launched by the Secretary-General to increase the prevention of human rights violations and atrocity crimes.  They hoped each Member State would strongly support this initiative because it was simply a renewal of the commitment to not allow those situations to occur so that the spirit and the letter of the United Nations Charter was respected.  Saying that they did not know should not be allowed any longer and should not be used as a cover for inaction.  Inaction had never been a problem of lack of information or knowledge, but a problem of lack of will to suppress genocide by decision-makers who weighed costs.  The best preventative measure was that everyone took their responsibilities seriously.
 
WILDER TAYLOR-SANTO, Vice-Chairperson of the United Nations Subcommittee on the Prevention of Torture and Secretary-General of the International Commission of Jurists, said that the idea of a general study on prevention in the United Nations was a good one and should focus not only on gaps in practice but also gaps in law.  Torture as a human rights violation was always connected to violations of other rights and there was significant need to identify legal gaps.
 
ANNE-BIRGITTE ALBRECTSEN, Assistant Secretary General and Deputy Executive Director, United Nations Population Fund, said that it was inherent in “Rights Up Front” that better analysis was necessary and eventually this had also been suggested.  A compendium of best practices could be better in this regard.  Concerning the question posed by Sierra Leone about sexual and reproductive rights, Ms. Albrectsen said that all United Nations development programmes on the ground were planned on the basis of development priorities.  Concerning the post-2015 development agenda, the best way to promote it was through participatory processes.  Once Member States developed this agenda, the United Nations would have to find ways to contribute to helping countries achieve development goals. 
 
KYUNG-WHA KANG, Assistant Secretary-General and Deputy Emergency Relief Coordinator, United Nations Office for the Coordination of Humanitarian Affairs, in response to a question raised by Sierra Leone, said that there had to be greater investment in natural disaster preparedness, as well as making sure that vulnerable communities were not left behind in the post-2015 development agenda. 
 
Australia said that the “Rights Up Front” initiative was a valuable preventative approach and was pleased that the Secretary-General had made the responsibility to protect a priority for his next term.  United States was particularly concerned with atrocity prevention and was implementing a whole-of-government approach which focused on collection, analysis and dissemination of key indicators, and the decision to act before the situation escalated.  What role could Member States and civil society play to enhance the United Nations’ work on prevention and enhance the goals of the “Rights Up Front” initiative?  Switzerland believed that prevention was the best way of dealing with armed conflict; it reduced loss of human lives and destruction of property, while human rights violations were often early warning of impending violence and conflict.  France said that the international community had the obligation to protect populations from genocide and atrocities if States concerned were unable to do so and stressed that if prevention was not working in matters concerning international peace and security, the possibility of coercive measures should not be discarded.  China stressed that the discussion on prevention must respect the sovereignty of States and must highlight constructive cooperation; technical assistance and cooperation must be the main direction of prevention.  Turkey spoke about the Alliance of Civilizations Initiative which had over 100 States as members and had been created to bring different cultures and faiths together; now it was seen as the main mediation platform for its members.  Montenegro stressed cooperation between States and inclusion of civil society in efforts to prevent human rights violations and the value of early warning systems therein.
 
Indonesia said that all United Nations work was about prevention and as in the case of disease, prevention indicated a healthy life, and a preventive approach should be placed in the broader perspective of the United Nations system and staying true to the mandates.  Norway said that some information and analysis was important to understanding causes and dynamics and prompting a vibrant civil society and its interaction with the United Nations was an important investment, asking the panellists how could Member States help to move the “Rights Up Front” initiative forward?  Austria said that failing to act early in response to developments or atrocities could have disastrous consequences and would reverberate for generations; prevention entailed national and international responsibilities and while garnering political support could be difficult, different ways to mobilise collective will amid crises should be explored.  Egypt stressed the responsibility of States to ensure the protection on rights and to take measures to fulfil their international obligations.  Preventive approaches should assist States and should not result in conditionality.  India hoped that the dialogue would contribute to collaborative efforts as part of the work of the Council.  The primary responsibility for the protection of rights lay with States and it was of utmost importance that sovereignty was respected and prescriptive or intrusive approaches were not pursued.  India also asked about the role of information management in preventive approaches.  Brazil said that it was necessary to strengthen the system geared towards prevention that addressed the root causes and, if applied timely, was less costly; democracy, development and respect for rights and freedoms were mutually reinforcing, a preventive approach to human rights should recognise the interlinkages between peace, security and sustainable development. 
 
International Committee of the Red Cross said prevention was derived from the obligations of the Geneva Conventions to integrate measures in domestic policies and ensure an environment conducive to the respect for the life and dignity of persons affected by armed conflict.  Spreading knowledge about rules was not enough but they should be transformed into appropriate behaviour.
 
KYUNG-WHA KANG, Assistant Secretary-General and Deputy Emergency Relief Coordinator, United Nations Office for the Coordination of Humanitarian Affairs, on the question of how the “Rights Up Front” initiative could be enhanced, underlined the role of civil society and United Nations mechanisms in telling Member States what they needed to hear in order to prevent or stop human rights violations.
 
ADAMA DIENG, Special Adviser to the United Nations Secretary-General on the Prevention of Genocide, said that although State sovereignty should be protected, it should not be used to protect or justify situations of gross human rights violations or genocide.  He recalled that States had the primary responsibility to implement their international commitments. 
 
WILDER TAYLER-SANTO, Vice-Chairperson of the United Nations Subcommittee on the Prevention of Torture and Secretary, on the question of how to implement the “Rights Up Front” initiative with limited resources, said that the prevention of conflicts was in any case a good investment compared to having to deal with the damages. 
 
ANNE-BIRGITTE ALBRECTSEN, Assistant Secretary-General and Deputy Executive Director, United Nations Population Fund, said that resources were a cardinal point and prevention cost money, but also provided value for money because it saved lives.  One aspect to touch upon was that of communication and how success and failure in conflict prevention could be disseminated.  There was a need to be honest about what worked and what did not.
 
PAOLA GAETA, Professor at the Faculty of Law, University of Geneva and Adjunct Professor of International Law, Graduate Institute of International and Development Studies, Moderator, in her closing remarks thanked the panellists and the delegations for their comments and questions.
BAUDELAIRE NDONG ELLA, President of the Human Rights Council, said that this was the end of the panel discussion.
 
Right of Reply
 
Indonesia, speaking in a right of reply, strongly rejected the accusations concerning the issue of the province of Papua and said that the statement was in contradiction with the communiqué issued after the ministerial visit to this province that had taken place in January this year.  Indonesia would not be distracted by such accusations and would continue with its agenda and promotion of friendly relations with the people of the region.
 
Syria, speaking in a right of reply, responded to speakers who had gone beyond diplomatic boundaries and showed contempt for Syria.  Countries that had barely joined civilisation were now lecturing Syria.  Qatar and Saudi Arabia were criticising Syria for supporting terrorism while they themselves were supporting actors issuing fatwas and carrying out acts of violence, and spreading the words of jihadist doctrines and sending fighters to destroy Syria.  Syria had always been a lighthouse, a beacon of civilisation before being invaded by jihadist forces.  The Syrian people would not forget these acts and would hold the perpetrators accountable.  Responding to the statements made by the United Kingdom and the United States, Syria said they should stop taking about democracy since their Governments had been the first ones to violate human rights and spread acts of terrorism around the world.
 
Democratic People’s Republic of Korea, speaking in a right of reply, rejected allegations made by the United States, Denmark and Estonia earlier today.  Western countries had been leading wars in many parts of the world in the name of counter-terrorism and that had led to countless victims.  Furthermore, the United States was violating not only its citizens’ privacy but also those of its allies, which was a clear violation of human rights.  The Democratic People’s Republic of Korea would continue to promote the rights of its population.
 
Saudi Arabia, speaking in a right of reply, categorically refused the allegations just made by the Syrian regime, which desperately continued unprecedented human rights violations against its population.  All international reports had condemned the Syrian regime and recognised that the scale of human rights violations there, many amounting to crimes against humanity, was unprecedented.  Saudi Arabia would continue its approach of supporting the lives of the Syrian people, including through financial contributions.  Saudi Arabia called for the referral of the situation in Syria to the International Criminal Court.   
 
Syria, speaking in a second right of reply, said that policies against Syria would one day go back to reason and would be reversed.  Some were arrogant enough to say that assistance was being given to the Syrians.  Humanitarian aid was a priority for the Syrians.  The Government of Syria had born 75 per cent of humanitarian assistance to its population.  Where was the funding that was claimed to be provided?  The suffering of Syrians was not a commodity to be traded.
 
Saudi Arabia, speaking in a second right of reply, said that Syria persisted in exposing themselves, using the same lies, attempting to defend a regime that was gone.  The facts were evident and crimes committed by the regime were evident.  The group of Friends of Syria was working around the clock to provide the Syrians with the necessary assistance.  The international community must be strong in facing this regime and in confirming the necessity that it had to abide by a peaceful solution and to put an end to the suffering of Syrians.
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For use of the information media; not an official record