5th Session of the HRC, 11 of June, Morning

The opening of the session started with the report of the President De Alba about the year that is ending and the progress made until now. Consensus are closed to be found however it is important to assure that the new instrument will be an effective one. The purpose is to build to foundations of the new body, knowing that details are left for ulterior stages.

Ms. Louise Arbour took the floor after President de Alba and reported her work of this year and the situation of the Human rights in the world. Important progress were made in Kirghistan, Congo and Rwanda however there are still high risk of conflict that influence the humand rights, mainly the problem of impunity. (Her report is available on the extranet for people interested).

The programm was then adopted and De Alba explained the procedure. He precised that the code of conduct are now part of the work on institutional building.

2 special raporteurs presented their report. Mr. Despouy on the independance of the juges and Mr. Diène on racism and discrimination.

Mr. Despouy first explained the general situation: corruption, difficult access to justice, slowness of the judicial process, harrying of the juges by the State members, influence of the struggle against terrorism which gives rise to a state of emergency.... he then passed to the situation in Maldives and Congo.
The main problem in Maldives is the balance between international law and the shariah. The judicial system really lacks independance.
In congo, a new constitution was adopted by democratic elections (the first) but tribunals are still not sufficient, the army is very present and summary executions are not punished. It is therefore important to strenghten the judicial power with a better budget and to put emphasis on economic recuparation.

Mr. Diène noted that general tendency are still going on. Racism and political programs are going along. He pointed out the perception of the emigrants as a securtiy problems for many states which makes the situation of the emgirants very unsecure.
He then spoke about his visit in Russia (who invited him) and noted that although there is no official politic of racism there is an important xenophobia within the population that comes from a lack of identity and a social and economic crisis. He thus recommands to officially admit the existence of xenophobia and to set a federal programm of action that involves every national community. He also recommands the adoption of legal measures for the liberty of expression and religion. Liberty of expression must not be a way for discrimination.

Algeria made a first technical remark concerning the timing between the publication of the reports and the traduction. Delegations have no time to prepare their response because reports are distributed to late and they are often not traduced.

The interested states took their right to response and generally accepted the remarks. However Congo tried to explain the failure by the great influence of the war and the autoritarian regime on the lenght of the reforms....it takes time.
Russia was the only one very upset and rejected the report that is supposed to be not impartial and unrealistic. They deny being in any social or economic crisis and much more lacking from any identity!!

Many countries took then the floor as observers. Mainly they asked for a group of expert on the repression of the new forms of racism. Many islamic countries stressed the hierarchy of the liberties that western countries are imposing. Liberty of expression is seen as superior to liberty of religion.
Morocco made an interesting declaration and spoke about the importance of education and dialogue in the issue of racism. Morocco started a program called "100 imams and rabbins" to promote the intercultural dialogue.
Indonesia made a declaration a little bit contradictory: accept independance of the judicial system but stress that the State should be able to choose its own legislation. Domestic law should be sufficient in a state of emmergency and must not always follow International Law.
Georgia reacted at the declaration of Russia and found the report of Mr. Diène very good.
Zimbabwe and Fijii were the countries for which the delegations asked the more details and questions. The statements followed during the afternoon.

EAD