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人权理事会与其咨询委员会举行互动对话(部分翻译)

2014年9月17日

上午

2014年9月17日

结束关于需要理事会关注人权状况的一般性辩论

人权理事会今早与人权理事会咨询委员会主席马里奥•路易斯•科廖拉诺(Mario Luis Coriolano)举行互动对话。理事会还结束了其关于需要理事会关注人权状况的一般性辩论。

人权理事会咨询委员会主席马里奥•路易斯•科廖拉诺(Mario Luis Coriolano)介绍了咨询委员会的几份报告。首先是一份探讨关于灾后及战后处境中促进和保护人权问题的进展报告。该报告强调了该类处境中人道主义活动采取基于人权做法的必要性。第二份报告探讨了使用体育和奥林匹克理想促进人权的可能性,并承认了将体育用作打击种族主义和歧视的工具的重要性。第三份报告探讨了地方政府在促进和保护人权中的角色,旨在收集最佳做法和主要挑战。咨询委员会还在腐败对享有人权造成的负面影响问题、人权和单边强制措施问题以及防范针对白化病人袭击的技术合作问题方面取得了瞩目进展。

在随后的互动对话中,发言者欢迎了委员会关于使用体育和奥林匹克理想促进人权的可能性的报告,并强调了体育可在促进人权、宽容和实现千年发展目标方面发挥的积极作用。发言者还对灾后及战后处境中促进和保护人权问题的报告、腐败对享有人权造成的负面影响问题的报告以及人权和单边强制措施问题的报告表示欢迎。发言者最后欢迎了正式将咨询委员会与非政府组织会议制度化的决定,并对咨询委员会和各机构及区域团体之间的沟通渠道有所加强表示欢迎。

在互动辩论中发言的包括:欧盟、俄罗斯联邦、阿根廷、委内瑞拉、中国和哥斯达黎加。国际奥林匹克委员会也进行了发言。发言的非政府组织还包括:马利基和平与发展基金会以及保护暴力受害者组织。

上午早些时候,人权理事会结束了其关于需要理事会关注人权状况的一般性辩论,听取了非政府组织的一系列声明。在辩论中,发言者提及了许多国家和领土的担忧处境,还提及了移徙者、难民和寻求庇护者处境问题,以及武装冲突中儿童问题和使用无人机问题。

在一般性辩论中发言的非政府组织有:联合国观察组织、世界巴鲁阿人组织、世界公民参与联盟、世界环境与资源理事会、国际穆斯林妇女联合会、千禧运动、世界犹太人大会、人权之家基金、南美洲印第安人理事会、国际人道和伦理联合会、亚洲土著和部落人民网络、国际犹太人律师和法学家协会、英国人文协会、欧洲-第三世界中心、妇女人权国际协会、调查中心、叙利亚人国际联合会、人权监察、环境和管理研究中心、和平、正义和人权国际研究所、世界穆斯林大会、马利基和平与发展基金会、保护受威胁人民协会、大赦国际、非洲发展协会、法国自由-达妮埃尔•密特朗基金会、犹太人组织协调委员会、基亚姆遭受酷刑者康复中心、国际社会工作学校协会、世界公民协会、非洲技术发展联系组织、维护人权与和平中心、古巴妇女联合会、国际妇女争取和平和自由联盟、胜利青年运动、非洲维护人权会议、国际和平学会和非洲技术协会。

理事会于9月16日开始了其关于需要理事会关注人权处境的一般性辩论。辩论总结可由此获取

俄罗斯联邦、苏丹、中国和古巴于昨天和今早的需要理事会关注人权处境的一般性辩论中就声明行使了答辩权。

人权理事会将于今天上午11点30分恢复工作,举行其关于土著人民权利问题的年度辩论,并与土著人民权利问题特别报告员以及专家机制举行集体互动对话。

General Debate on Human Rights Situations that Require the Council’s Attention

United Nations Watch gave the floor to a person from eastern Ukraine occupied by Russia, who spoke about harassment and ill-treatment by Russian forces, including beatings, torture and constant threat of gang-rape. The United Nations should call on Russia to provide guarantee of non-persecution for speaking the truth.

World Barua Organization said that India had not yet ratified the Convention against Torture and the Rome Statute which allowed its security forces to operate with impunity. The people of India wanted police reform, investigation into extra-judicial killings committed by the security forces and accountability for those crimes.

CIVICUS-World Alliance for Citizen Participation remained deeply concerned about the restrictions on civil society in Bahrain as demonstrated by the recent arrest of the human rights defender Mariam Al-Khawaja. The Human Rights Council should take concerted action to address the situation in Bahrain. The situation in Egypt, especially the restrictive civil society law and mass killings of protesters, was also of concern.

World Environment and Resources Council said that only a tiny fraction of the world’s Muslims were committing crimes in the name of Islam. While the world had focused on fighting terrorism, it had not focused enough on addressing the dangerous rhetoric of Islamic groups that was attractive for so many young Muslims around the world.

International Muslim Women’s Union expressed concerns about killings, enforced disappearances, torture, arbitrary detention and other human rights violations in Indian occupied Kashmir. India had not made any efforts to address this situation. If the silence continued, the rights and freedoms of the people of Kashmir would never be respected.

Jubilee Campaign in a joint statement said that Eritrea had shown no interest in combatting human rights violations and holding perpetrators of those violations accountable. Since the creation of the United Nations Commission of Inquiry on the human rights situation in Eritrea, there had been no improvement. The Commission of Inquiry should be allocated the necessary staff and funding.

World Jewish Congress said that the action of the international community to address the rise of extremist groups in Iraq, including ISIS, and the persecution of minority religious and ethnic groups was not sufficient. The vicious attacks on religious minorities required the urgent and concerted action of the Council; Special Procedures should dedicate part of their time to address the situation of Christians in the area.

Human Rights House Foundation said that Azerbaijan was leading an unprecedented crackdown on civil society, including blocking of bank accounts, surveillance, arrests on false charges and intimidation. Persecution of those expressing their opinion had drastically increased paradoxically at the time when Azerbaijan assumed the chairmanship of the Council of Europe and had an even greater obligation to live up to international standards and its own commitments.

Indian Council of South America said that Bolivia needed to ensure access for investigations of human rights violations and the Government needed to address the rights of indigenous peoples by recognizing their traditional governments and institutions. The Mapuche in Chile and in Argentina continued to call for the recognition of their traditional rights.

International Humanist and Ethical Union expressed concern about the current situation in Iraq, with reports of women being used as sex slaves, forced conversions, abductions and mass executions. Actions by the Islamic State in Iraq and the Levant were brutal, but should be understood in the regional context of a pervasive denial of freedom of religion or belief through discrimination and sectarian oppression.

Asian Indigenous and Tribal Peoples Network said that despite the United Nations human rights mechanisms’ calls on Chinese authorities to investigate allegations of excessive use of force against peaceful protestors in the Tibet Autonomous Region, China had failed to undertake such investigation. The relevant mandate holders of this Council should urge China to undertake further efforts on investigating human rights violations.

International Association of Jewish Lawyers was disappointed by the outcome of the Human Rights Council Special Session on Iraq, and said that dispatching a field mission was not enough. A Special Procedure for the matter had to be established.

British Humanist Association said that blasphemy and offence laws were inconsistent with international human rights law, but were increasingly being used to silence debate or dissent on politics and to curtail the activities of human rights defenders in countries like Saudi Arabia or Morocco. There was a need to end the impunity of States regarding human rights abuses, notably the arbitrary use of blasphemy laws.

Centre Europe-Tiers Monde expressed concern about human rights violations by armed forces in southern Madagascar, where people were executed without trial. The goal was to spread fear among the people of this region which was rich in mineral resources and make them leave their land. The Council should investigate the violation of human rights in southern Madagascar, particularly summary and arbitrary executions.

Women’s Human Rights International Association in a joint statement with International Educational Development, Inc. spoke about the situation in Camp Liberty in Iraq where residents had been deprived from basic necessities such as food, medicines, clean water and sanitation. All members of the Council should work with the Government of Iraq to recognise Camp Liberty as a refugee camp and its residents as refugees and grant them international protection.

Centre for Inquiry urged Saudi Arabia to reform its laws to protect the right to freedom of religion, belief and expression, and cease the brutal use of lashing, which violated the Convention against Torture. No human being should be imprisoned or physically beaten for their thoughts or for their criticism of religious or political ideas.

Syriac Universal Alliance said that for almost 2,000 years Christian communities had been living in the region but now, particularly in Iraq and Syria, they were targeted by the Islamic State of Iraq and the Levant for their religious convictions. The ideology that justified this aggression was fundamentally contrary to human rights, resulting in genocide, forced displacement and other grave violations.

Human Rights Watch said the authorities in Egypt continued to implement a new law effectively banning protests and to jail and try political opponents in legal proceedings that flagrantly violated due process rights. In the past year, activists in China had increasingly faced imprisonment and criminal detention, been subjected to torture, and detained in psychiatric facilities and house arrest.

Centre for Environmental and Management Studies said that despite repeated denials by Pakistan, the world knew that the land of Pakistan had been converted into a safe haven for terrorists with the military and civil administrations of Pakistan fully involved. Pakistan had provided safe haven not just for radical Islamist movements targeting its rival India, but also for the Afghan Taliban.

Institut International pour la Paix, la Justice et les Droits de l’Homme drew the Council’s attention to the situation of refugees worldwide, many of whom lost their lives trying to flee conflict zones. Even when refugees made it safely to Western countries, they faced particular vulnerability in detention facilities, particularly children. The European Union should improve its policies to avoid deaths at sea and foster social integration.

World Muslim Congress said that people in Jammu and Kashmir were fighting against Indian occupation, facing natural disasters and human rights violations. Floods had killed hundreds of people there. They lacked access to water and food, and were the first victims of the increase of militarization of the region. The Indian authorities had not reacted appropriately to these disasters.

Maarij Foundation for Peace and Development in a joint statement referred to the violations of international humanitarian law and international human rights law arising from the use of drones and expressed its concern about the legality of their use. The Foundation called on the Human Rights Council to come up with an adequate international legal framework governing accountability for their use.

Society for Threatened Peoples said that the Tibetans were caught in a downward spiral of human rights violations. Those abuses sparked protests and were frequently violently repressed with killings, arbitrary detention and torture. Those breakdowns were unnecessary, illegal and did not benefit the victims or the Chinese Government.

Amnesty International said that Egypt was tightening its chokehold on civil society and the activities of human rights defenders and activists and, in addition to the draconian Law on Associations, continued to propose new legislation that would give the Government a sweeping power over non-governmental organization registration, funding and activities.

African Development Association was gravely concerned by the deteriorating security and human rights situation in Pakistan in so-called Azad Kashmir and Gilgit Baltistan. This included the breakdown of the rule of law in the country, the widespread use of torture, grave and pervasive violations against women, honour killings, forced conversions, and targeted killings of religious minorities, among others.

France Libertes Fondation Danielle Mitterrand said that among the situations requiring the Council’s attention, some had been dragging on for dozens of years without a solution. It was concerned about the human rights situation in the non-autonomous territory of Western Sahara. Some foreign delegations wishing to visit the territory had been prevented from going there or expelled from the territory.

Coordinating Board of Jewish Organizations referred to Resolution S-21/1 establishing a Commission of Inquiry to investigate all violations of international human rights law and international humanitarian law in the Palestinian territories, but without any mention of violations at the expense of Israel, such as indiscriminate launching of rockets and mortars into Israeli civilian sites.

Khiam Rehabilitation Centre for Victims of Torture said that Bahrain had ratified seven international human rights conventions but was still violating human rights. Arbitrarily detention was widespread, including for children and students. More than 20 children had been executed in violation of international conventions.

International Association of Schools of Social Work said that the right to self-determination was denied to the people of Alaska and Hawaii and led to other human rights violations there, including the confiscation of lands, evictions, destruction of sacred sites, and imposition of an economic system.

Association of World Citizens said the African Union recently announced the creation of a Special Envoy on children in armed conflict. Children in armed conflicts were actors in conflicts, and were convinced by militias to play a role in these conflicts. These young people needed to be involved in peace negotiations and decisions that concerned their future.

African Technology Development Link spoke about fundamentalist Islamic organizations in Pakistan, for whom the separation of Bangladesh from Pakistan in 1970 had been a traumatic event.

Centre for Human Rights and Peace Advocacy said that in India, the struggle of civil society against the practice of enforced disappearances was responded to with cruelty and more enforced disappearances. The root cause of inhuman practices by the Indian army and paramilitary was the Armed Forces Act which allowed for total impunity for crimes and human rights violations.

Federation of Cuban Women said that the unilateral embargo imposed by the United States had had an adverse impact on women, children and men in Cuba for more than 50 years. The international community should immediately adopt measures to ensure the release of the five Cuban prisoners held in the United States prisons for 16 years, as well as the lifting of the embargo.

Women’s International League for Peace and Freedom referred to the situation of detainees in Syria, and said that the Syrian regime had used arbitrary detention. This suffering continued under total impunity and mainly targeted human rights defenders and activists. The Council was called upon to move beyond condemnation and reporting and take concrete steps.

Victorious Youths Movement spoke on behalf of the millions of people from Azad Kashmir and Gilgit Baltistan, who lived in fear because of their beliefs or identities. The rights of peoples were closely linked with good governance, which was not possible if social justice was not ensured. If the State was partial and encouraged a particular school of thought, violations and discriminations were bound to take place.

Rencontre Africaine pour les defense des droits de l’homme said the international community had just celebrated the World Day for Democracy with a focus on involving young people. In many countries, young people were indoctrinated in Koranic schools and recruited by mafia-like organizations. It was concerned by the increasing systematic violence and crimes in eastern Ukraine, Sudan, South Sudan, and the Central African Republic, among others.

International Institute for Peace said that Afghanistan had had experience during the Soviet occupation of a system forbidding freedom of religion. American-led coalitions had left Afghan women in the hands of the Taliban and thus women had remained uneducated. Afghanistan’s people wanted to be ruled not by religion but by modernity.

African Technical Association was concerned about attacks against Baloch protestors and violations of their rights by the army and religious groups supported by Pakistan. Depriving the Baloch of their right to education was a gross violation of human rights. The Council should urge Pakistan to stop its genocide in Baluchistan.

Right of Reply

Russian Federation, speaking in a right of reply, said that the people of Crimea had freely decided their attachment to the Russian Federation. Human rights were being used by the European Union to foster their political agenda. The European Union had not made any efforts to condemn violations against Russian minorities in Ukraine. Ukraine was the Russian Federation’s brother, and today it was ill and filled with Nazi-ideology. With regards to the situation in Russia, there were no restrictions on the right to freedom of expression or on the work of non-governmental organizations.

Sudan, speaking in a right of reply, said that all freedoms were guaranteed in Sudan, including the freedom to religion or belief. Sudan had heard concerns about the human rights situation in Darfur, Blue Nile and South Kordofan and said that this concern should be accompanied by efforts to repel the rebels and stop them from committing crimes against civilians. Instead of giving the rebels the green light to escalate the war, they should be urged to join political dialogue under the aegis of the African Union.

China, speaking in a right of reply, resolutely objected to statements made by some non-governmental organizations which were turning a blind eye to the political reality in China. China was a multi-ethnic country in which all enjoyed all rights, including the right to freedom of religion and the right to political participation. The Standing Committee had decided in August that as of 2017 the administration of Hong-Kong would be elected by a popular vote, which would be a historical event.

Cuba, speaking in a right of reply, said that the representative of the United States had criticised Cuba again and wondered about the credibility of the United States to do so.
The United States had abused the rules of procedures of the Human Rights Council to introduce a non-governmental organization speaker, who was a terrorist and an agent of Washington against Cuba.

Documentation

The Council has before it the progress report of the research-based report of the Human Rights Council Advisory Committee on best practices and main challenges in the promotion and protection of human rights in post-disaster and post-conflict situations (A/HRC/27/57)

The Council has before it the progress report of the Human Rights Council Advisory Committee on the study on the possibilities of using sport and the Olympic ideal to promote human rights (A/HRC/27/58)

The Council has before it the progress report of the Human Rights Council Advisory Committee on the role of local government in the promotion and protection of human rights, including human rights mainstreaming in local administration and public services (A/HRC/27/59)

The Council has before it a note by the Secretariat on the reports of the Human Rights Council Advisory Committee on its twelfth and thirteenth sessions (A/HRC/27/62)

Presentation of Report of the Human Rights Council Advisory Committee

MARIO LUIS CORIOLANO, Chairperson of the Human Rights Council Advisory Committee, presenting the reports of the Advisory Committee said that during the period covered by the report, the Advisory Committee had continued to follow-up on requests arising from Council resolutions and had progressed considerably with the mandates entrusted to it. There was a progress report on the promotion and protection of human rights in post-disaster and post-conflict situations. It highlighted the relevant international legal framework and the international humanitarian aid framework, as well as underscored the need for a human rights-based approach to humanitarian activities in such situations. It also emphasized that rescue operations for populations and their rehabilitation were sometimes seriously flawed from the viewpoint of human rights.

The second report was related to the possibilities of using sport and the Olympic ideal to promote human rights. The progress report recognized the importance of sport in all spheres of life, and also as a tool in combating racism and discrimination. It also looked at the legal and social framework governing sports. The third report was on the role of local government in the promotion and protection of human rights, with a view to compiling best practices and main challenges. A progress report was prepared which looked at the definition of local government as well as its legal and regulatory framework, and examined the role of different tiers of government in implementing international human rights obligations. The Committee had also made considerable progress on the negative impact of corruption on the enjoyment of human rights, human rights and unilateral coercive measures, and technical cooperation to prevent attacks against persons with albinism. The reports on these three topics would be presented to the Council in March next year.

Lastly, on challenges, after the March session, the Advisory Committee would once again have to face up to a challenging situation that no new mandates were forth-coming. In anticipation of these possible difficulties, it had therefore stepped up efforts to identify proposals for further future research within the scope of the work assigned to it by the Council. It had submitted for consideration and approval by the Council five new research papers.

Interactive Dialogue with the Human Rights Council Advisory Committee

European Union appreciated the Advisory Committee’s initiative to hold an exchange of views with the Bureau of the Human Rights Council at its thirteenth session last August, and noted concerns expressed by some members of the Advisory Committee. The Russian Federation welcomed the Advisory Committee’s initiative in the field of sport and human rights. Sport could help build tolerance and equality, and international sport cooperation played an important role to promote human rights and tolerance. Argentina welcomed the decision to formally institutionalise meetings of the Advisory Committee with non-governmental organizations. Argentina also welcomed that the channels of communications between the Advisory Committee and the Bureau and regional groups had been enhanced.

Venezuela welcomed the Advisory Committee’s studies on the rights of persons affected by natural disasters, human rights and sports as well as on the negative impact of unilateral sanctions, a democratic international order and the rights of persons with disabilities. China welcomed the Advisory Committee’s report on promoting human rights through sport, and attached great importance of the role of sport in promoting social progress and realising the Millennium Development Goals. International Olympic Committee welcomed the Advisory Committee’s initiative on sport and human rights, and underlined the necessity to do more for children and sport, including addressing discrimination and sexual harassment in sport. Costa Rica welcomed the report on human rights in the context of natural disasters, and underlined the importance of regulating efforts not only focusing on survival of victims but also on their enjoyment of human rights, including economic, social and cultural rights. On the report on sport and human rights, Costa Rica said that sport could teach people about values and tolerance, and could contribute to the realisation of the Millennium Development Goals.

Maarij Foundation for Peace and Development encouraged the Advisory Council to work towards a change in the role of girls from observers to participants in sports, and draw special attention to children living in poor conditions, armed conflicts, street children and youth. Organization for Defending Victims of Violence said that a mechanism should be put in place to endure that the proposals from the Advisory Council were properly studied and evaluated, and that reasons for their rejection were recorded. The Council should seriously study the proposal to establish a Human Rights Court.

MARIO LUIS CORIOLANO, Chairperson of the Human Rights Council Advisory Committee, In his closing remarks expressed gratitude for the support speakers expressed for the new proposals and said that the improvements in the dialogue would assist the Advisory Committee to address the challenges. Mr. Coriolano asked the members of the Council to seriously consider the eight proposals which had been unanimously adopted by the Advisory Committee.

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