人权理事会举行有关加强人权领域国际合作的高级别小组会议（部分翻译）

人权理事会
上午

2015年3月3日

人权理事会今天上午举行了一场有关联合国系统内人权主流化问题的高级别小组讨论，其中重点关注了加强人权领域的国际合作问题。

人权理事会主席约阿希姆·卢埃克（Joachim Rücker）表示，今年的年度小组讨论将关注加强在人权领域的国际合作，并重点关注发展权、2015年后发展议程和北京+20。

联合国人权事务副高级专员弗拉维亚·潘谢里在为小组讨论作开场致辞时提到了自70年前联合国宪章通过以来取得的进步，尤其是在全球安全、儿童生存、教育与卫生、减贫和人权方面的进步。虽然妇女权利获得了更大的尊重，仍有三分之一的妇女遭受着身体或性方面的暴力，每年仍有成千上万名妇女和女童死于与生育相关的可预防原因，6000万女童遭到女性生殖器官切割，性别陈规定型观念仍然存在。她表示，必须将公平和法制延伸到经济领域，人权必须成为2015年后发展议程的核心。

伊朗驻联合国日内瓦办事处大使兼常驻副代表阿巴斯·巴格普尔·阿德卡尼（Abbas Bagherpour Ardekani）在代表不结盟运动发表主旨讲话时表示，促进和保护人权的承诺应基于真正的合作和建设性对话，并应着眼于加强成员国落实其义务的能力。文化多样性应成为团结而非分裂的根源，而不应被用作新的意识形态和政治对抗的理由。人权领域的国际合作可能促成解决日常生活中各个领域出现的新挑战所需的制度发展，而为此必须加强创新机制以加速发展权的落实。

小组成员包括马来西亚南方中心执行主任马丁·霍尔（Martin Khor），国际劳工组织前总干事、秘书长区域间政策合作问题特别顾问胡安·索马维亚（Juan Somavía），联合国妇女署战略合作部主任克里斯汀·赫特尔（Kristin Hetle），俄罗斯常驻联合国日内瓦办事处代表阿列克谢·鲍罗达夫京（Alexey Borodavkin）以及马德里康普顿斯大学政治科学教授胡安·卡洛斯·蒙内德罗·费南德斯-加拉（Juan Carlos Monedero Fernández-Gala）。

马来西亚南方中心执行主任马丁·霍尔指出，水、食物或健康等基本需求已经变成了人权；国际合作对在各国实现这些权利十分必要。必须审议国际贸易、科学、知识产权和金融投资体系以将合法人权作为重点事宜，理事会也应找到更多在经济和社会领域将人权主流化的具体办法。

国际劳工组织前总干事、秘书长区域间政策合作问题特别顾问胡安·索马维亚表示，千年发展目标的一大缺陷便是其关注各个部门的方法忽视了整体。它使经济放任自由，不平等现象加剧，且未能实现全面就业和性别平等。需要定义一种新的增长方式，而今天比二十年前具有更多新框架的政策空间。

联合国妇女署战略合作部主任克里斯汀·赫特尔表示，性别平等和妇女权利是实现和平与安全的基础，并指出暴力和歧视仍在影响着妇女和女童，而在妇女权利方面缺乏资源则是审议北京宣言和行动纲要方面的重要挑战。为了实现真正的变革，2015年后发展议程必须解决经济不平等问题，而这则需要强调平等、人权和经济、社会与环境可持续性的替代方法。

俄罗斯常驻联合国日内瓦办事处代表阿列克谢·鲍罗达夫京表示，全球化和互相依存，不断增加的冲突，极端主义和多方合作都会对如何解决人权问题产生影响。促进人权的重点工作便是打击暴力和恐怖主义等极端主义力量，必须重点关注保护平民免受恐怖主义团体伤害。

马德里康普顿斯大学政治科学教授胡安·卡洛斯·蒙内德罗·费南德斯-加拉谈到了应用人权方面的选择性问题，称这通常只有在符合强权逻辑时才会被注意。人权不能成为一种独白，一种强者对弱者、男性对女性、异性恋对同性恋、多数对少数的独白，人权必须成为一种对话。

在随后的讨论中，发言者表示，发展水平上的不平等正阻碍着世界许多地区促进和保护人权方面的工作，因此应将基于发展的方法作为克服这些不平等现象的基础。国际合作必须支持各国在国家层面履行人权义务的努力，应基于中立性和非选择性的原则，并促进宽容和团结的文化，其重要组成部分则应是技术合作和能力建设。一名发言者表示，基于发展权的方法可为促进国际合作和全面应对人权挑战提供正确的框架。许多人谈到了2015年后发展议程，并强调了问责和透明度的重要性，将发展权纳入其目标和指标中以及将人权和人类尊严置于议程的中心。

在讨论中发言的有纳米比亚、萨尔瓦多、印度代表意见相似的团体、瑞士代表一个国家集团、阿尔及利亚代表非洲集团、巴基斯坦代表伊斯兰合作组织、土耳其、委内瑞拉、印度尼西亚、美国、澳大利亚、摩洛哥、欧盟、法国、葡萄牙、巴西、塞拉利昂、布基纳法索、埃及、苏丹、中国、智利、阿联酋、阿尔及利亚、厄瓜多尔和泰国。

国际协调委员会、世界公民参与联盟和加拿大人口与发展行动也在讨论中发言。

理事会今天将召开全日会议，并将从正午开始恢复高级别讨论。

开场致辞

人权理事会主席约阿希姆·卢埃克在开场致辞中表示，今年的年度小组讨论将重点关注加强人权领域的国际合作问题，并重点关注发展权、2015年后发展议程和北京+20。

联合国人权事务副高级专员弗拉维亚·潘谢里在为小组讨论作开场致辞时表示，自70年前联合国宪章通过以来，全球安全方面已有所进步。儿童存活率有所提高，人们获得了更好的教育和医疗集会，大部分地区实现了真正的减贫。人权确实有所进步。例如，妇女权利获得了比当时更多的尊重。但不幸的是，仍有三分之一的妇女遭受着身体或性方面的暴力，每年仍有成千上万名妇女和女童死于与生育相关的可预防原因，荣誉杀害仍多得令人震惊。6000万女童遭到女性生殖器官切割，性别陈规定型观念仍然存在。

千年发展目标在许多方面都带来了进步，但政策制定者关注的是总体经济增长。他们忽视了大多数弱势群体并未能采取基于人权的方法。必须将公平和法制延伸到经济领域，人权必须成为2015年后发展议程的核心。为了实现变革，一项具有前瞻性的测量方法也是十分重要的。对超出监督平均值的新数据进行投资是十分重要的，这将有助于监测所有社会群体的进展，不抛下任何人。2015年是国际合作的关键一年，它也将为再次强调和刺激各国和国际保护人权的努力提供真正的契机，并为世界人民带来他们应有的尊严和平等。 

Key-Note Address

ABBAS BAGHERPOUR ARDEKANI, Deputy Permanent Representative of the Islamic Republic of Iran, speaking on behalf of the Non Aligned Movement, said that the United Nations had been founded on the principles of peace, justice, freedom and human rights. Its clearly defined purposes were enshrined in its Charter, in particular developing friendly relations among nations based on respect of the principle of equal rights and self-determination of people, achieving international cooperation in solving international problems of an economic, social, cultural or humanitarian character, and promoting and encouraging respect for human rights and fundamental freedoms for all. Tolerance and respect for different viewpoints would deepen and enrich the intensity of the commitment to the promotion and protection of human rights, which should be based on genuine cooperation and constructive dialogue and focus on strengthening the ability of Member States to implement their obligations, including through appropriate technical cooperation and capacity building upon their request. Cultural diversity should be a source of unity rather than division and should be used as a vehicle for creativity, dynamism and promoting social justice, tolerance and understanding, not as a rationale for new ideological and political confrontation. The multiple and complex contemporary challenges called for global solutions, and bringing about a democratic and equitable international order; international cooperation in the field of human rights could lead to the normative development necessary to address emerging challenges in different social, economic and cultural fields of daily life. To that end, innovative mechanisms must be strengthened to accelerate the implementation of the right to development and make it a reality for all.

Statements by Panellists

MARTIN KHOR, Executive Director of the South Centre, Malaysia, said that States provided basic public services, such as water, food and health, and considered that within the context of social protection and human rights. Basic needs had turned into human rights. However, international cooperation was necessary in order to achieve those rights nationally. At the economic level the world had globalized so much that it influenced how States conducted their policies. For example, the issue of sovereign debt influenced the realization of people’s rights. States could not provide basic services to their citizens if they were indebted and lacked appropriate funds. Accordingly global debt restructuring mechanisms were needed, but under fair conditions in order to avoid future debt crises. The most distorted part of international trade was agriculture. The right to food had been elevated to a human right. For example, it had achieved constitutional status in India. Developing countries, such as those in Africa, suffered from withdrawal of agricultural state subsidies and lowering of tariffs on agricultural imports. Those countries therefore became dependent on food aid. It was thus necessary to remove agricultural subsidies in developed countries. The reform of international agricultural trade depended on political will to allow for proper implementation of human rights policies. In the area of health, access to medicines was still problematic. The reduction of prices per patient per year had helped millions of people suffering from AIDS. However, hepatitis C patients still could not afford proper medicines. The clashing of the realization of the right to health with strict observance of intellectual property regulation impeded advances in that area. There was a need to re-examine the international system of trade, technology, intellectual property and financial investments in order to prioritize legitimate human rights. Four suggestions could be made in that respect. First, international organizations should examine the impact of current international trade rules on human rights. Secondly, States had to consider not only the effect of their policies in the country but also abroad. Thirdly, the Human Rights Council should examine and discuss further mainstreaming of human rights in the economic and social area in more specific ways. Finally, the Secretariat should be given resources to study those effects and take advantage of the post-2015 development agenda to mainstream human rights in all those processes.

JUAN SOMAVĺA, Former Director-General of the International Labour Organization and Special Adviser of the Secretary-General on Interregional Policy Cooperation, addressed the right to development and said that various conferences during the 1990s had addressed this issue. In every one of those conferences it was concluded that problems existed due to root and structural causes. Such a conclusion had led to the development of the Millennium Development Goals, which had galvanized the world around them and placed the United Nations at the centre of those discussions. However, the drawback of the process was its sectorial approach, which lost sight of the overall picture. Inequality rose enormously, whereas full employment and gender equality were not realized. The economy was left to work on its own. The globalization process was supposed to help realize the set objectives, but instead it hindered them. The same mistake could be repeated as no country or region exhibited an obvious global policy leadership. Unless there was cooperation it would be extremely difficult to come up with a new development framework. A different growth path needed to be defined and today there was more policy space for a new framework than there was 20 years ago. The financial crisis was approached differently in different regions. For example, Africa, Asia and Latin America dealt with the crisis through pro-development and pro-growth, pro-social protection and pro-employment policies. They abandoned the classical conditionality approach of the international financial institutions. In order to advance on global development issues it was necessary to be conscious that in many societies a growing distance between the system and citizens had emerged, due to the way the financial crisis was treated. When citizens were told that banks were too big to fail, it became evident that the objective of resolving the crisis was not citizens themselves. The trust of citizens could be kept and earned only if their needs were made priority. Finally, growth patterns and growth models needed to be changed: an economy that produced real jobs had to be given preference. If the global economy was defined by financial reasoning again then the development paradigm would not shift. The rights based approach would define the way everyone looked at the future.

KRISTIN HETLE, Director of the Strategic Partnerships Division of UN Women, said that gender equality and women’s rights were fundamental for achieving peace and security. The Beijing Declaration and Platform of Action, adopted 20 years ago, firmly anchored gender equality within a human rights framework. Many challenges remained today, however. Violence and discrimination continued to affect women and girls. Change towards gender equality had not been deep enough, or irreversible. Women’s rights continued to be threatened by violent extremism around the world. The lack of resources for women’s rights was a key challenge for reviewing the Beijing Declaration and Platform of Action. The Convention on the Elimination of all Forms of Discrimination against Women remained central to the realization of women’s human rights. Urgent actions had to be taken to remove discriminatory laws against women. Investments in gender equality and women’s rights had to increase, and laws and policies had to be backed with adequate resources for their full implementation. Accountability mechanisms had to be strengthened and better resourced to ensure women were empowered to claim their rights and had access to redress and remedies.

Inequalities had to be addressed, and marginalized women had to be better reached through better disaggregated data. The gap between laws and policies on one hand, and women’s practical enjoyment of their rights on the other hand, had to be closed. In order to be truly transformative, the post-2015 development agenda had to address economic inequalities. This required alternative approaches that emphasized equality, human rights and economic, social and environmental sustainability, as well as enhanced international cooperation.

ALEXEY BORODAVKIN, Permanent Representative of the Russian Federation to the United Nations Office at Geneva, said that the United Nations was created 70 years ago on the basis of cooperation. Human rights were no exception and had to be discussed on this basis too. Globalization and interdependence, the increased number of conflicts, extremism, and multi-actors cooperation, all had an impact on how human rights had to be addressed. The priority area for the promotion of human rights was the need to fight against extreme forces of violence and terrorism. A human rights-based approach to counterterrorism had so far focused on the rights of the persons accused or suspected to be involved in acts of terrorism. But now it had to focus on protecting civilians from terrorist groups.

Double standards, subjectivity, false accusations against governments, and politicization within the United Nations had a negative effect on combatting terrorism and promoting human rights. Cooperation and technical assistance in the area of human rights were really important and in demand. Country-specific resolutions and monitoring special procedures were ineffective and did not serve the advancement of human rights. The Universal Periodic Review was the best way to promote cooperation and dialogue in the field of human rights. Dialogue and respect for cultural diversity and different civilizations had to be rehabilitated in the field of human rights, as a mean to combat terrorism.

JUAN CARLOS MONEDERO FERNÁNDEZ-GALA, Professor of political science at the Universidad Complutense de Madrid, spoke about selectivity in the application of human rights, which was often observed only if they fit with the logic of power. Three principles underpinned human rights, application through the States, the primacy given to the concept of understanding of law, and the links to liberal democracy, but they had broadened the chasm between North and South and placed the world in a new paradox. Places where this new global order was questioned were exactly ones where greater human rights violations occurred. How did the world arrive to such a limited conception of human rights? The history of human rights was the history of winners; they frequently limited other understandings of human dignity, hampered the understanding of collective rights, and denied the rights of victims. Human rights could not be a monologue, a monologue of the powerful over the weak, men over women, heterosexual over homosexual, majority over minority; human rights must become a dialogue. The humility of human rights was paradoxically a guarantee of their universality.

Discussion

Namibia said that inequality in levels of development was hampering the protection and promotion of human rights in many regions of the world; hence it was time to adopt a development-based approach as the basis for overcoming those inequalities. El Salvador stressed the importance of cooperation of any kind, be it international, regional, multilateral or bilateral, to support the efforts of States to meet their human rights obligations at national levels and said that the post-2015 agenda should have the human being and human dignity at its heart. India, speaking on behalf of the Like-Minded Group, said that an approach based on the right to development could provide the right framework to promote international cooperation and to comprehensively address human rights challenges. Switzerland, speaking on behalf of a group of States, emphasised the importance of accountability in the post-2015 development agenda and was pleased that gender equality was included as a stand-alone goal. In light of the diverse nature of attacks on human rights, the collective capacity to protect human rights should be strengthened, said Algeria on behalf of the African Group; it should be based on the principles of neutrality and non-selectivity and promote a culture of tolerance and solidarity. Pakistan, speaking on behalf of the Organization of Islamic Cooperation, urged the international community to include the right to development in the goals and targets negotiated for the post-2015 development agenda. Respect for human rights was at the core of development, said Turkey, highlighting the key instruments at the disposal of the international community: technical cooperation and capacity building. Venezuela said that only support for the right to development could reverse the structural injustice and inequality that existed in the world today. Indonesia stressed the importance of the balance between political and civil rights, and economic, social and cultural rights. The Council must account for the specific conditions of women and girls around the world in order to effectively integrate a gender perspective in its work, the United States said, adding that recognizing their differing experiences was the first step in identifying tools to promote and protect the human rights of women, men, girls and boys.

Australia supported efforts to enhance dialogue on human rights. It recognized the importance of the Universal Periodic Review in strengthening human rights, and welcomed opportunities to work with partner countries. Morocco stressed that the protection of human rights should take into account cultural diversity, adding that the right to development was marginalized and had to become more visible in the work of the Human Rights Council, in light of the ongoing discussions on the post-2015 development agenda.

International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights said that sharing experiences was important for learning from each other. Cooperation among governments was particularly important in working to promote and strengthen human rights. Civicus welcomed the debate on the post-2015 development agenda, noting that accountability and transparency were key in achieving development goals. Continued dialogue was crucial in maintaining accountability, as well as inclusion of a broader range of civil society stakeholders. Action Canada for Population and Development said international cooperation was crucial for achieving development goals and human rights standards. The process needed to include the most vulnerable groups, and development projects should refrain from hurting indigenous populations, women, children, and persons with disabilities.

MARTIN KHOR, Executive Director of the South Centre, Malaysia, agreed with other panellists that a paradigm shift was needed towards a human rights-based approach, and that double-standards impeded the credibility of efforts to promote and protect human rights. There was a vacuum in the international system to address debt restructuring and debt crises. The balance between the right to intellectual property and the right for the public to access medicines had to be addressed again. Impunity for incidents such as the Bhopal incident had to be addressed as well.

JUAN SOMAVÍA, Former Director-General of International Labour Organization and Special Adviser of the Secretary-General on Interregional Policy Cooperation, regretted that the same policies that created crises were being applied to solve these crises. Sustainable development had to be at the centre of policies.

KRISTIN HETLE, Director of the Strategic Partnerships Division of UN Women, said that the issue of gender equality cut across all areas of human rights and development. It was important to recall that laws and policies, though very important, were not sufficient. In order for women’s rights to truly exist, deeply rooted gender stereotypes had to be addressed. Gender equality and the empowerment of women had to be a universal agenda applicable to all countries and to everyone, and had to be at the heart of the post-2016 agenda.

ALEXEY BORODAVKIN, Permanent Representative of Russia to the United Nations Office at Geneva, expressed support for the ideas presented by the Organization of Islamic Cooperation and the Like-Minded Group of countries.

JUAN CARLOS MONEDERO FERNÁNDEZ-GALA, Professor of political science at the Universidad Complutense de Madrid, said that civil society must participate by denouncing the solutions to the economic and financial crisis. The twenty-first century must seek to put an end to those solutions and must contribute to the building of new common sense. Civil society must raise the profile of the invisible, namely inequalities, while the media had a crucial role to play in the construction of that new common sense.

European Union expressed strong commitment to promoting development, eradicating poverty and conflict resolution. The right to development was the responsibility of States to their citizens, and development policies should be carried out in a transparent manner. France noted that human rights should be at the heart of international cooperation. The promotion and protection of human rights was the primary responsibility of States, but it could be enhanced through international and regional cooperation. Portugal stressed the responsibility of all States and of the United Nations to promote and protect human rights. The eradication of poverty and hunger and the promotion of gender equality and the sustainable use of maritime resources should be key issues on the post-2015 development agenda. Brazil said that international cooperation rested on employing various global mechanisms, and on the principle of solidarity, due to great disparities in the resources that were available to States. It was also important to mainstream the rights of women in all development goals. Sierra Leone noted that national economic development was a prerequisite for the promotion of human rights. The right to development should remain at the centre of the work of the Human Rights Council. Burkina Faso stressed the link between human rights development and security, adding that all actors should act in line with the principle of solidarity. Recognition and acceptance of others and sharing of responsibility should guide international cooperation.

Egypt underlined the importance of international cooperation for the promotion and protection of human rights through exchanges of experience and of best practices, taking into account the delicate balance of universality and cultural specifications. The right to development had to be mainstreamed and complemented with structural reforms at the United Nations level. Sudan regretted that the right to development still lacked attention from the international community, and denounced the negative impact of unilateral coercive measures on the enjoyment of this right. The Human Rights Council had to allocate more resources to international cooperation. China highlighted the importance of cooperation and genuine dialogue in the field of human rights, as well as respect for the diversity of countries and cultural backgrounds. The international community had to encourage mutual assistance and south-south cooperation. Chile underlined the need for more decisive action by States to formulate a dynamic international policy that was consistent with human rights. Human rights mainstreaming in the post-2015 development agenda was essential. United Arab Emirates said that cooperation in the field of human rights had become more and more important, particularly in light of this year’s adoption of the post-2015 development agenda. It was time for the right to development to be made a reality for all, in both its collective and individual aspects. Algeria said that the Human Rights Council offered opportunities for dialogue and cooperation in the field of human rights. The international community had to take into account the equality of all rights, including economic, social and cultural rights and the right to development. Ecuador said it was important to recognize that poverty and inequality continued to affect many people throughout the world and had a negative impact on the enjoyment of human rights by marginalized groups.

Ecuador had made eradicating poverty one of its priorities. Thailand said international cooperation was a key element to achieve participatory development, inclusive of women and other vulnerable groups. To strengthen human rights and the realization of the right to govern, States and non-State stakeholders had to continue to engage in cooperation.

MARTIN KHOR, Executive Director of the South Centre, Malaysia, said in concluding remarks that most delegates from developing countries stressed development and the need for the international community to help them realize their development goals. It was necessary to address obstacles to development goals both at the national and international levels. Developing countries needed aid and trade preferences. For example, countries with grave health situations, such as Sierra Leone, could not be expected to achieve those goals on their own. In addition, States had to prioritise policies that were consistent with the right to development.

JUAN SOMAVÍA, Former Director-General of International Labour Organization and Special Adviser of the Secretary-General on Interregional Policy Cooperation, noted in concluding remarks that it was important for statesmen to say the truth to each other, to listen to each other and to understand each other. The developing world was worried about the conditionality coming from developed countries. International development mechanisms should be applied equally across the board, and it was important to see what the developed world was doing.

KRISTIN HETLE, Director of the Strategic Partnerships Division, UN Women, in concluding remarks said she was encouraged by the renewed commitment with respect to the goals of the Beijing Declaration and Platform for Action, which aimed to advance women’s rights and empowerment. It was important to fully implement the commitments that had been made. Words had to be turned into actions.

ALEXEY BORODAVKIN, Permanent Representative of Russia to the United Nations Office at Geneva, in concluding remarks expressed his satisfaction that speakers had underlined the importance of developing and deepening cooperation with civil society in the area of human rights. This gave rise to optimism, but it was clear that the concept of cooperation was viewed differently by different States, who believed that it should be applied differently in different areas.

JUAN CARLOS MONEDERO FERNÁNDEZ-GALA, Professor of political science at the Universidad Complutense de Madrid, in concluding remarks said that six problems were identified today that were responsible for the human rights challenges. States were part of the problem but also part of the solution. Nature must not be forgotten, and greater awareness of the role of women was needed. People living in the South were subject to various forms of neo-colonialism: as long as this continued, human rights could not be realized. Human rights could not be simply defined from the angle of powerful countries; other voices speaking about human dignity must be heard.

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