lundi 31 mars 2008

7th Session of the HRC, Friday 28 March 2008

Morning

THE COUNCIL EXTENDED MANDATES ON USE OF MERCENARIES AND VIOLENCE AGAINST WOMEN, APPOINTED INDEPENDENT EXPERT ON SAFE DRINKING WATER

Texts also Adopted on Climate Change, Genocide, Enforced Disappearances, Extreme Poverty, Missing People, Rights of Child and Occupied Syrian Golan

The Human Rights Council this morning decided to extend for a period of three years the mandates of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination and of the Special Rapporteur on violence against women, its causes and consequences. It appointed for a period of three years an Independent Expert on human rights obligations related to access to safe drinking water and sanitation.

The Council also adopted texts on the effects of climate change on the enjoyment of human rights, prevention of genocide, the International Convention for the Protection of All Persons from Enforced Disappearance, human rights and extreme poverty, missing persons, the rights of the child, and on the occupied Syrian Golan.

Of the ten resolutions adopted this morning, two were adopted by a vote and eight by consensus without a vote.

Resolutions on the Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, Including Right to Development

Resolution on Mandate of Working Group on Use of Mercenaries

In a resolution (A/HRC/7/L.7/Rev.1) on the mandate of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, adopted by a vote of 32 in favour, 11 against, and 2 abstentions, the Council decides to extend the mandate of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination for a period of three years to elaborate and present concrete proposals while facing current and emergent threats posed by mercenaries or mercenary-related activities; to seek opinions and contributions from Governments and intergovernmental and non-governmental organizations on questions relating to its mandate; to monitor mercenaries and mercenary-related activities, to monitor and study the effects on the enjoyment of human rights of the activities of private companies offering military assistance, consultancy and security services on the international market; also decides to authorize the Working Group to hold three sessions per year of five working days each, two in Geneva and one in New York.

The results of the vote were as follows:

In favour (32): Angola, Azerbaijan, Bolivia, Brazil, Cameroon, China, Cuba, Djibouti, Egypt, Ghana, Guatemala, India, Indonesia, Jordan, Madagascar, Malaysia, Mali, Mauritius, Mexico, Nicaragua, Nigeria, Pakistan, Peru, Philippines, Qatar, Russian Federation, Saudi Arabia, Senegal, South Africa, Sri Lanka, Uruguay and Zambia.

Against (11): Bosnia and Herzegovina, Canada, France, Germany, Italy, Japan, Netherlands, Republic of Korea, Romania, Slovenia and United Kingdom.

Abstentions (2): Switzerland and Ukraine.

Speaking in explanation of the vote were Slovenia on behalf of the European Union :

ANDREJ LOGAR (Slovenia), said that the European Union continued to believe that the issue of the use of mercenaries was outstanding and that their use could lead to dangerous situations that could endanger armed conflicts. The issue of mercenaries deserved to be addressed by the United Nations, but the European Union did not believe that it should be dealt with by the Human Rights Council and that it was a human rights problem, thus the European Union would call for a vote and would vote against the resolution.


Resolution on Human Rights and Access to Safe Drinking Water and Sanitation

In a resolution (A/HRC/7/L.16) on human rights and access to safe drinking water and sanitation, adopted without a vote, the Council decides to appoint, for a period of three years, an Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation, whose tasks will be to develop a dialogue with Governments, the relevant United Nations bodies, the private sector, local authorities, national human rights institutions, civil society organizations and academic institutions, to identify, promote and exchange views on best practices related to access to safe drinking water and sanitation. To advance the work by undertaking a study on the further clarification of the content of human rights obligations, including non-discrimination obligations, in relation to access to safe drinking water and sanitation.

Resolution on Human Rights and Climate Change

In a resolution (A/HRC/7/L.21/Rev.1) on human rights and climate change, adopted without a vote, the Council decides to request the Office of the United Nations High Commissioner for Human Rights (OHCHR), in consultation with and taking into account the views of States, other relevant international organizations and intergovernmental bodies, including the Intergovernmental Panel on Climate Change, the secretariat of the United Nations Framework Convention on Climate Change and other stakeholders, to conduct, within existing resources, a detailed analytical study of the relationship between climate change and human rights, to be submitted to the Council prior to its tenth session; encourages States to contribute to the study conducted by OHCHR;


ABDUL GHAFOOR MOHAMED (Maldives), introducing the resolution, said that the Maldives believed that the large number of co-sponsors of this resolution coming from all regional groups was indicative of the importance of the issue of climate change. It was also an issue of existential importance to the Maldives. Its future as a viable state would be decided by the success or failure of negotiations under the United Nations Framework Convention on Climate Change. This resolution dealt with the impact of the phenomenon on human beings. Developing an understanding of the impact of climate change on human rights was important. The resolution was a procedural one; it requested the Office of the High Commissioner for Human Rights to conduct a study into the relationship between human rights and climate change. The Maldives was hoped that the resolution would be adopted by consensus.

AKIO ISOMATA (Japan), in a general comment, said that Japan was concerned by the effects that climate change could bring on to the enjoyment of human rights, especially this impact on small island countries. Japan fully supported this resolution. As a host country of the G8 Summit this July, Japan had actively been contributing to the issue of climate change in collaboration with the international community.

MUSTAFIZUR RAHMAN (Bangladesh) said that climate change was the biggest threat the world was facing today. It was resulting in extreme weather conditions. These changes had great impact on the enjoyment of human rights of livelihood and shelter among others. No countries were protected and this was a global phenomena. All parties had to be part of the solution. The broad consultations conducted by the Maldives were appreciated and Bangladesh hoped the text would be adopted by consensus.

Resolution on Elimination of Violence against Women

In a resolution (A/HRC/7/L.22/Rev.1) on the elimination of violence against women, adopted without a vote, the Council strongly condemns all acts of violence against women and girls, and calls for the elimination of all forms of gender-based violence, in accordance with the Declaration on the Elimination of Violence against Women, and stresses the need to treat all forms of violence against women and girls as a criminal offence, as well as the duty to provide access to just and effective remedies and specialized assistance to victims; decides to extend the mandate of the Special Rapporteur on violence against women, its causes and consequences, for a period of three years; invites the Special Rapporteur to seek and receive information on violence against women, its causes and its consequences, from Governments, treaty bodies, specialized agencies, other special rapporteurs, and intergovernmental and non-governmental organizations, and to respond effectively to such information;

Resolution on Prevention of Genocide

In a resolution (A/HRC/7/L.26/Rev.1) on prevention of genocide, adopted without a vote, the Council calls upon States that have not yet ratified or acceded to the Convention on the Prevention and Punishment of the Crime of Genocide to consider doing so as a matter of high priority; calls upon all States to cooperate, including through the United Nations system, in strengthening appropriate collaboration among existing mechanisms that contribute to early detection and prevention of massive, serious and systematic violations of human rights, which if not halted, could lead to genocide; recognizes the important role of the Secretary-General in contributing to prompt consideration of early warning or prevention cases, and the functions of the Special Adviser, who collects existing information, liaises with the United Nations system on activities for the prevention of genocide and works to enhance the capacity of the United Nations to analyse and manage information relating to genocide or related crimes; requests all Governments to cooperate fully with the Special Adviser in the performance of his work;

Resolution on International Convention for the Protection of All Persons
from Enforced Disappearance

In a resolution (A/HRC/7/L.31/Rev.1) on the International Convention for the Protection of All Persons from Enforced Disappearance, adopted by consensus, the Council encourages States that are in the process of signing, ratifying or acceding to the International Convention for the Protection of All Persons from Enforced Disappearance to complete their internal procedures towards those ends in compliance with domestic legislation as expeditiously as possible; encourages all States that have not done so to consider signing, ratifying or acceding to the International Convention for the Protection of All Persons from Enforced Disappearance; and invites States to consider joining the campaign to share information on best practices and to work towards the early coming into force of the Convention with the aim of its universality.

Resolution on Human Rights and Extreme Poverty

In a resolution (A/HRC/7/L.32/Rev.1) on human rights and extreme poverty, adopted without a vote, the Council affirms that the fight against extreme poverty must remain a high priority for the international community; Jean-Baptiste Mattei (France), introducing the draft resolution, said that combating extreme poverty had to remain a high priority for the international community.

Resolution on Missing Persons

In a resolution (A/HRC/7/L.33/Rev.1) on missing persons, adopted without a vote, the Council calls upon States that are parties to an armed conflict to take all appropriate measures to prevent persons from going missing in connection with armed conflict and account for persons reported missing as a result of such a situation; calls upon States that are parties to an armed conflict to take all necessary measures, in a timely manner, to determine the identity and fate of persons reported missing in connection with the armed conflict and to provide their family members with all relevant information they have on their fate;


Resolution on the Rights of the Child

In a resolution (A/HRC/7/L.34) on the rights of the child, adopted without a vote, the Council calls on States to take action in a number of areas, including implementation of the Convention on the Rights of the Child, with regard to which it calls upon States parties to designate, establish or strengthen relevant governmental structures for children and to ensure adequate and systematic training in the rights of the child for professional groups working with and for children.

ALEJANDRO ARTUCIO RODRIGUEZ (Uruguay), introducing the draft resolution on the rights of the child, said this was an initiative that had been addressed earlier during the former Commission on Human Rights with the sole importance of having States implement their commitments on the rights of the child. This was the first time this resolution was before the Human Rights Council. The resolution took as a base the Convention on the Rights of the Child and its Optional Protocols. Through this draft, it was proposed that future work be undertaken with a focused and thematic analysis in future sessions of the Council in order to generate areas for interactive dialogue thus enabling a greater depth into the best practices in the area of the rights of the child. It was necessary for the Council to have a more effective, regular and systematic way in its programme of work.


Resolution on Human Rights Situation in Palestine and other Occupied Arab Territories

Resolution on Human Rights in the Occupied Syrian Golan

In a resolution (A/HRC/7/L.2) on human rights in the occupied Syrian Golan, adopted by a vote of 32 in favour, 1 against, and 14 abstentions, the Council calls upon Israel, the occupying Power, to comply with the relevant resolutions of the General Assembly, the Security Council and the Human Rights Council, particularly Security Council resolution 497 (1981), in which the Council decided that the Israeli decision to impose its laws, jurisdiction and administration on the occupied Syrian Golan is null and void and without international legal effect, and demanded that Israel should rescind forthwith its decision; also calls upon Israel to desist from changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian Golan, and emphasizes that the displaced persons of the population of the occupied Syrian Golan must be allowed to return to their homes and to recover their property; further calls upon Israel to desist from imposing Israeli citizenship and Israeli identity cards on the Syrian citizens in the occupied Syrian Golan and to desist from its repressive measures against them.

In favour (32): Angola, Azerbaijan, Bangladesh, Bolivia, Brazil, China, Cuba, Djibouti, Egypt, Gabon, Ghana, India, Indonesia, Jordan, Madagascar, Malaysia, Mali, Mauritius, Mexico, Nicaragua, Nigeria, Pakistan, Peru, Philippines, Qatar, Russian Federation, Saudi Arabia, Senegal, South Africa, Sri Lanka, Uruguay and Zambia.

Against (1): Canada.

Abstentions (14): Bosnia and Herzegovina, Cameroon, France, Germany, Guatemala, Italy, Japan, Netherlands, Republic of Korea, Romania, Slovenia, Switzerland, Ukraine and United Kingdom.


Marco

jeudi 27 mars 2008

7th Session of the HRC 27th March 2008

Afternoon

The Council is voting for the following draft resolutions.

Agenda Item 3, A/HRC/7/L.25
Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development.

7/…Human rights of persons with disabilities – submitted by Mexico

Mexico made amendments in the text. The draft resolution is adopted by consensus.

Agenda Item 3, A/HRC/7/L.23
Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development.

7/…Mandate of the Special Representative of the Secretary-General on the situation of human rights defenders – submitted by Norway

Norway made amendments in the text. Russia, India, Bangladesh, Pakistan, Egypt and China made comments approving Norway’s initiative. The draft resolution is adopted by consensus.

Agenda Item 3, A/HRC/7/L.27
Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development.

7/…Human rights and arbitrary deprivation of nationality – submitted by the Russian Federation

The Russian Federation emphasised the right to citizenship, especially in cases of State successions. Institutions and legal means have to be used for this cause by all member states.
The draft resolution is adopted by consensus.

Agenda Item 3, A/HRC/7/L.29
Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development.

7/…The role of good governance in the promotion and protection of human rights – submitted by Poland

This resolution deals with this effectiveness of institutions, the struggle against corruption. The good governance is a universal notion that has to be implemented in any kind of social, political or economic environment. It is a matter of freedom before the law.

Vote request: Cuba.
Cuba wants a separate vote to delete the mention of “Community of democracies”. Good governance would be based on the principle of democracy and the Cuban representative stated that this proposal was made by the Americans within their imperialism views toward non democratic states in the world. Cuba calls on other delegations to act in the same way. If the text is adopted with the phrasing remains, then Cuba will ask for the vote of the entire draft resolution.
India : supports the draft resolution at all levels, but it’s important to note that governance depends on local particularities as well. Good governance has to be implemented into international institutions too.
Russian Federation: does not agree on the reference to the latest international conferences, especially the Bamako conference that is the representation of a “club of just democracies”.

Results from the separate vote requested by Cuba:
YES: 5 NO: 27 Abst.: 13 Rejected

Vote on the whole resolution:
YES: 41 Abst: 6 Adopted

Agenda Item 3, A/HRC/7/L.30
Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development.

7/…Enforced or involuntary disappearances – submitted by France

France wants to renew the mandate. It wants the community to pay particular attention to children or people who are particularly vulnerable. Draft resolution adopted by consensus.

Agenda Item 3, A/HRC/7/L.35
Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development.

7/…Mandate of the Special Rapporteur on the sale of children, child prostitution, and child pornography – submitted by Uruguay

Uruguay wants to renew the mandate for 3 years. It makes amendments to the texts.
Draft resolution adopted by consensus.

Agenda Item 3, A/HRC/7/L.6/Rev.1

7/…Right to food – submitted by Cuba

Cuba has submitted this draft resolution to respond to the food crisis affecting developing countries, especially in Africa. It insists on the rise of food prices worldwide too.
United Kingdom: makes a remark on paragraph 12. UK does not agree with universal international law. Endogenous individuals are entitled to human rights on an equal basis. It a long standing position for UK.
Adopted by consensus.

Agenda Item 4, A/HRC/7/L.28
Human rights situations that require the council’s attention

7/…Situation of human rights in the Democratic People’s Republic of Korea – submitted by Japan and EU

Japan and Slovenia regret that DPRK hasn’t adopted Special Reporters recommendations.
Canada: the situation in DPRK remains a serious concern for Canada. The renewal of the mandate is important.
DPRK: regrets the resolution. The delegation states that EU and Japan have more serious concerns with human rights.
Cuba: the council should be based on a constructive dialogue. Cuba believes that this draft does not do credit to this new country. Requests a separated vote and will vote against.
Indonesia: the only way to resolve a problem is by using productive dialogue, which Japan and EU have not done. Indonesia will vote against the resolution.
Philippines: this kind of resolution should be made in a consensus with the country concerned. Philippines will abstain.
China: has always been opposing discriminative country resolution that is implemented with political pressures. China will vote against.
Russian Federation: this confrontation will not contribute to improvement in DPRK. The community of States should focus on help and not accusations.
Results:
YES: 22 NO: 7 Abst.: 10 Adopted.

Agenda Item 4, A/HRC/7/L.38
Human rights situations that require the council’s attention

7/…Situation of human rights in the Sudan – submitted by Egypt (African Group)

Slovenia: express deep concern for continuation of human rights violations, particularly in Darfur.
Canada: regret that the resolution was not more robust, it does not accurately reflect the gravity of the situation
Sudan: accept the draft resolution terms, agreeing on the cooperation with the HRC.
Draft resolution adopted by consensus.

Agenda Item 7, A/HRC/7/L.3
Human rights situations that require the council’s attention

7/…Human rights in Palestine occupied territories and the right of self determination – submitted by Pakistan (on behalf OIC + Arabic group)

Pakistan: support Palestinian population in their right to self determination. Makes an oral revision to the text.
Israel: does not oppose the right to self determination, but it doesn’t apply to one party. The resolution proposes no constructive proposals for the construction of two states.
Palestine: support resolution
Slovenia: support Palestinian right to self determination

Draft resolution adopted by consensus.

Agenda Item 7, A/HRC/7/L.4
Human rights situations that require the council’s attention

7/…Israeli settlements in occupied Palestinian territories, east Jerusalem and Syrian occupied territories – submitted by Pakistan

Israel: regrets that this resolution is in opposition with the bilateral agreements on about the 10 Israeli settlements. The resolution does not recognize any of the progress that have been made.
Canada: the resolution does not contribute toward continuation of a peaceful situation: request a vote and will vote against.

Results:
YES: 46 NO:1 Abst.:0 Adopted.

Agenda Item 9, A/HRC/7/L.15

7/…Struggle against religious defamations – submitted by Pakistan

Slovenia: requests a vote. It is not about protecting religions itself, but human being within their religions. Islam is mentioned in the resolution whereas no other religion is.

Results:
YES: 21 NO: 10 Abst.: 14 Adopted.

Agenda Item 10, A/HRC/7/L.13

7/…Technical cooperation and assistance due to the situation in the Democratic Republic of Congo – submitted by Egypt

Egypt makes revisions of the text.
Slovenia, Canada, and Switzerland: regret the interruption of the Special Rapporteur Mandate.
Draft resolution adopted by consensus

Elodie F., Virginia S.

7th Session of the HRC 26th March 2008

Morning

The Human Rights Council held a General Debate on racism, on the follow-up and implementation of the Durban Declaration, on technical assistance and capacity building.

During the General Debate Egypt, Slovenia (EU), Russia, Nigeria, Azerbaijan, Brazil, Cuba, Switzerland, China, Finland, Armenia, Iran and Syria took the floor.

Also speaking were representatives of the Indian Council of South America, speaking on behalf of several NGOs1, Movement against Racism and for Friendship among Peoples, International Humanist and Ethical Union, in a joint statement with Association for World Education, Liberation, North-South XXI, Franciscans International, Association for World Education, B'nai B'rith International, speaking on behalf of Coordination Board of Jewish Organizations, International Committee for the Respect and the Application of the African Charter on Human and Peoples' Rights, Consultative Council of Jewish Organizations, Association of World Citizens, African Commission of Health, Human Rights Promoters, Asian Forum for Human Rights and Development (FORUM-ASIA), Interfaith International, International Islamic Federation of Student Organization (IIFSO), Society for Threatened Peoples, World Union for Progressive Judaism and UNESCO Centre Basque Country.

Dayan Jayatilleka, Chairperson-Rapporteur of the Intergovernmental Working Group on the effective implementation of the Durban Declaration and Programme of Action, in concluding remarks, said that no political movement or individual wanted to be termed a racist. And yet, there was a very real challenge to combating contemporary forms of racism. He renewed his pledge to engage in pushing the Durban Declaration forward, excluding no one and no one’s point of view. He also appealed to Member States not to engage in partisan or zero-sum games, which aimed to paralyze or postpone progress within the Durban Review Conference.

Idriss Jazairy, Chairperson-Rapporteur of the Ad-Hoc Committee on Complementary Standards, in concluding remarks, said that his impression was that there was still a long way to go, even within the Council, in order to respect the engagements made at the Durban Conference. The issues that should be tackled in the follow-up work were planned to answer several questions Why was racism happening? Were there different manifestation of racism or not? Did it result from a lack of standard or not, or was it just a problem of implementation? How should the issue be tackled? He said he was still hoping that he would be contacted by the delegations to consult in order to set the dates and to resume their work.

Egypt: on behalf of the African Group. The review and follow-up to the implementation of the Durban Declaration and Programme of Action was a continuous and necessary exercise, even while the international community was engaged in preparations for the Durban Review Conference. It was regrettable that the review of some of the core provisions and issues contained in the Durban Declaration and Programme of Action, or even discussion, had not been possible to date. It was the view of the African Group that everyone must summon the necessary political will if the Council, and the world at large, were to make real progress in the fight against racism.

Slovenia: Slovenia took the floor on behalf of the EU, Croatia, The Former Yugoslav Republic of Macedonia, the Countries of the Stabilization and Association Process and potential candidates Albania, Montenegro, Serbia, and the EFTA country Liechtenstein, member of the European Economic Area, Ukraine, the Republic of Moldova and Armenia. The EU is fully committed to the fight against racism, racial discrimination, xenophobia and related intolerance. Therefore, the EU has its own strategy to combat racism and promote equality among its citizens in a fully endorsement of the Durban Declaration. Slovenia stressed that for the EU all forms of discriminations are unacceptable.

Russia: The Russian Federation urged that the International Community has not yet succumbed to any solution to combat racism. Concerns were expressed about the increasing use of racism – also religious- in politics. Russia also drew attention to the recent escalation of fascist organizations (neo-Nazi ideologies, the rewriting of history and the revision of the Nuremberg trials) which have risen in several countries. States have the primary responsibility to fight this phenomenon.

Cuba: The Cuban delegation stressed the escalation of racism, xenophobia and racial discrimination as a consequence of globalization. Cuba underlined how racist incidents are increasing in several developed countries. Cuba stated that, following September 11, 2001, the anti-terrorist laws make use of arbitrary detention.
Cuba concluded urging the concretization of all agreements signed.

China: China expressed thanks to the Ambassador of Sri-Lanka and Algeria and to the Intergovernmental Working Groups for their reports. Despite the several conferences convened by the UN, racism is still growing. China urged that the Council cannot walk away from its responsibilities. Justice must be brought to the victims of discriminations. China will support the international efforts to fight racism and any form of discrimination.



Concluding Remarks

DAYAN JAYATILLEKA, Chairperson-Rapporteur of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, said that no political movement or individual wanted to be termed a racist. And yet, there was a very real challenge to combating contemporary forms of racism. Given that racism, racial discrimination and xenophobia were at the heart of many manifestations of violence in today’s world, why was it so difficult to address racism? Secondly, he also wished to make an appeal to take note of new ways to look at the interrelated phenomena of racism.

IDRISS JAZAÏRY, Chairperson-Rapporteur of the Ad hoc Committee on Complementary Standards, in concluding remarks said that his impression was that there was still a long way to go, even within the Council, in order to respect the engagements made at the Durban Conference. He said he was still hoping that he would be contacted by the delegations to consult in order to set the dates and to resume their work. A piece of good news was a report of the Political Commission of the Council of Europe, which said that Islam and the West were based on the same concepts. Also, the report rejected the idea of a clash of civilisations.

Right to reply: The Delegations of Morocco and Algeria spoke in right of reply.

General Discussion on Technical Assistance and Capacity-Building

ANDREJ LOGAR (Slovenia), speaking on behalf of the European Union, said that technical assistance and capacity building were important aspects to helping countries improve their human rights situations. The international community had an obligation to provide greater technical assistance to countries in need. Efforts to enhance national protection institutions, to eliminate impunity and to reinforce judicial systems were crucial to addressing the most outstanding human rights violations in the world.



RICHARD KAY (New Zealand) said New Zealand recognized that in many cases the provision of technical and financial resources could assist in the implementation of human rights obligations. This was reflected in New Zealand’s aid programme, human rights policy and assistance to partner countries in their effort to achieve the Millennium Development Goals. Working in close cooperation with countries, international and regional organizations and civil society, New Zealand considered that the full and universal implementation of human rights and fundamental freedoms was essential to ending poverty, hunger and disease and to stimulating development that was truly sustainable.


Marco Minocri

samedi 22 mars 2008

34th meeting of the 7th session of the Human Rights Council, March 20th 2008


The topics of the conference were the Democratic Republic of Congo (DRC) and the Transitional Federal Republic of Somalia (TFG).

First, the question was to discuss if the mandate of the special rapporteur for the DRC, Mr. Pacéré, was to be renewed or not.
The Special Rapporteur has taken the floor, and denounced the sexual violence on women and children, the massacres, the repression, the insecurity and many other issues were raised by him. But he particularly denounced the impunity in which these awful acts happen, because the government doesn’t take care of the reports of Mr. Pacéré.
Then, the representant of the DRC took the floor to answer. He said that the government has new institutions, democratic elections, and that the country has to be treated in equality. He denounced the politisation of the issue and hopes that there will be new possibilities of mechanisms rather than the renewal of the mandate of the special rapporteur.
Then, the countries and NGO’s took the floor, to discuss these aspects. Egypt was the only country to refuse the renewal of the mandate, all the other countries accepted it, such as: Slovenia, Netherlands, France, Switzerland, Canada, Russia, UK, Belgium, Algeria, USA, Norway. The NGO’s also agreed to renew the mandate, denouncing the crimes in the country.
The delegation of Sweden was more sceptical, and was wondering how to renew the mandate in a more efficient way.

Then, the question of the humanitarian situation in TFG was raised, since the discussion about Congo was finished. The country has become the TFG since the agreements of Nairobi, but it is divided between Somaliland and Puntland.
The Special Rapporteur, Mr. Alnajjar, presented his work on this country. He denounced the absence of protection of the civilians, the terrorist attacks and the murder of many journalists, and the important issue of the IDP’s. Many other issues were raised, such as the sexual violence against women and children, the arbitrary arrestations, etc.
The representant of the TFG then took the floor, and asked for more resources to secure the country again, and to resolve the problem of IDP’s. He said that a dialogue without preconditions must be established between the countries concerned. Thus he asked for the renewal of the mandate of the special rapporteur. After the speech of the NGO called “Human Rights Watch”, he also insisted on the fact that more sessions had to be held for this issue, but that unfortunately it is not interesting for the international community to do so.
Even if all the countries who took the floor agreed on the fact that the Human Rights situation in the country has deteriorated, they didn’t seem to be much enthusiastic about the work of the special rapporteur. Slovenia notingly asked the special rapporteur how to improve the Human Rights in the country, so the European Union was clearly asking for more concrete solutions by the expert.
It is interesting to note the denunciation made by Ethiopia, which said that the report fails to verify allegations made by the other countries. They clearly attacked the special rapporteur on this issue, saying that his work has nothing to do with the mandate of an independent special rapporteur.

jeudi 20 mars 2008

7th Session of the HRC 18th and 19th March 2008 morning

7th Session of the Human Rights Council
Geneva, 18th March 2008, 10:00 – 13:00




General debate on Presentation by Special Advisor of the Secretary-General on the prevention of Genocide

Sweden
: believes that human rights and development are strongly linked to the maintenance of international peace and security and to the protection of the fundamental rights and human dignity of all persons. Education, in particular human rights education and information, is a key-point. It is necessary to identify early warning signals and to sensitive the population. It is the responsibility of every State to protect its citizens from genocide.

Switzerland
: The Human Rights Council needs to create a mechanism to deal with prevention of genocide. It is urgent to implement useful instruments to prevent genocide and to support the work of the Special Advisor. Combating impunity and preventing genocide should be tackled simultaneously.

Armenia: Early warning is of crucial importance. The appointment of the Special Adviser is timely and significant. His mandate is a fundamental building block in the international system of prevention.

Kenya: Early warning mechanisms are very important. The violence which took place in Kenya should serve as a reminder. The Government and people of Kenya had taken steps to stop violence. Prevention is not a one shot activity but a continuous process. Kenya calls the international community for its support in the implementation of the peace agreement reached in Kenya.

Bangladesh: The risk of genocide remains and urgent action is needed to address the root causes of genocide. The Council should recognize the early warning signs of genocide to avert potential disasters.

Russian Federation: Asks for clarification about the statement that deprivation of citizenship is one of the signs of genocide. There is a tendency in Europe to glorify collaborators with the Nazis during the Second World War. The Special Adviser should give recommendations to the international community in order to prevent a revival of this ideology.

Belgium
: The United Nations often has first-hand information on situations which could lead to genocide. Strengthening cooperation between the human rights mechanisms and the Special Adviser of the Secretary-General on the prevention of genocide would strengthen his work. Has he observed good practices for his future work?

Israel: Iranian leaders have called for the eradication of the State of Israel and have threatened it of political and physical genocide.

Azerbaijan
: The population of Azerbaijan suffered from ethnic cleansing on several occasions in the last century. Early warning and early action are crucial. To prevent genocide in the future, legalistic arguments shouldn’t be held on whether a particular atrocity met the definition of genocide or not.

Ethiopia
: Guaranteeing the rights of all groups to exercise their civil, political, economic, social and cultural rights is of crucial importance to prevent genocide. Ethiopia encourages the Special Adviser to inspires from the example of this country that suffered from atrocities between 1974 and 1991 and prosecuted massively the officials who were responsible.

Slovenia (EU): How helpful have country visits been? What were the priority for this mandate and was the Special Adviser satisfied with the cooperation of Kenya during his recent visit?

Francis Deng, Special advisor of the Secretary-General on the prevention of Genocide:
The role of States is crucial. They have to ensure that genocide do not happen on their territory and to protect their own citizens. It is also important for the international community to help the countries in this regard. This mandate required close collaboration with all bodies of the United Nations system and particularly with the Office of the High Commissioner for Human Rights. Cooperation with Governments are absolutely critical.


Review, Rationalization and Improvement of Mandate of Working Group on Enforced and Involuntary Disappearances

France
: The Working Group was created in 1980. It was the first thematic mechanism set up by the Commission on Human Rights. 41 000 cases have not been cleared up yet in 78 countries. The Working Group has received about 1000 new communications in 2007. Over the last five years, the Working Group has solved 2702 cases. France proposes to renew the mandate of the Working Group for three more years.

Slovenia, Russia
: The both countries stress the Working group to keep on reflect on cooperation between every stakeholder (International Organization, private sector, Government and civil society. They want to reiterate the mandate by consensus. A special attention is given on the necessity of the innovation (paragraph 20), which change the humanitarian works.

Brazil, Morocco and Chile: Support renews of the Working group and thanks them for their work.

Argentina: Also support the continuation of the Working group and underline the fact that they cooperate in ratify the convention.

Amnesty International: they underlined the situation: more than 600 disappearances people ask every government to cooperate, and wish that the mandate of the working group was renew.

Darko Göttlicher, member of the working group on Enforced and Involuntary Disappearances: Thanks all the delegation for the cooperation and would like they continue to support the Working group.


Review, Rationalization and Improvement of Mandate of Independent Expert on International Solidarity

Cuba: The mandate had been created as a follow-up of the recognition by Governments of the fundamental value of solidarity.

Gay McDougall, on behalf of Rudi Muhammad Rizki, Independent Expert on human rights and international solidarity:
The working group had to study the issue of international solidarity and human rights and to prepare a draft declaration on the rights of peoples to international solidarity. Globalization and natural disasters, fostered by the new climate change issue, have shown the importance of international solidarity.

Slovenia (EU): The European Union has not supported the initial proposal for the mandate on human rights and international solidarity and its position had not changed. The concept of international solidarity can not be articulated in terms of human rights norms. It is therefore more rhetorical than something that could be actively applied. The State has the responsibility to promote and protect the human rights and fundamental freedoms of all its citizens and international solidarity can not be used to offset these national obligations.

Bangladesh: It is very important in the context of globalization to work through international solidarity. It is not an option but an obligation.

Nicaragua: The new liberal policies often deny solidarity and mutual assistance and undermines community identities.

China: believes in the right to development and is concerned by the growing gap between developed and developing countries.

Malaysia: Thanks the countries that have achieved the target of allocating 0.7 per cent of their gross national income for official development assistance.

Cuba
: Is confident that the mandate of the Independent Expert will be carried over for three more years.


Review, Rationalization and Improvement of Mandate of Working Group on Use of Mercenaries

Cuba: Notes the continued presence of mercenaries in Africa and elsewhere. Traditional mercenary groups continue to operate but there is also multi-purpose mercenary groups being increasingly used and recruited by governments.



Jose Gomez del Prado, Chairperson-reporter of the Working group on the use of Mercenaries as a mean of impeding the exercise of the right of peoples to self-determination :
We need to protect minority and promote Human Right through this Working group.

Pakistan: The main purpose of the HRC in the next years would be to improve Human Right condition in the private company.

Slovenia
: decided to not support the continuation of the Working group.

Russia: Support, help to change non state actor and condemn Human Right violation through the use of mercenaries.

Pakistan: The main challenge in the next years will be to protect religious threaten on Human Right.

Slovenia: Since 2005, we could see many constructive consultation of government. Especially we support the resolution about Women issues. You need to continue to implement the “best practise’’ on your future mandate.

Russia and Brazil
: Also support the continuation of the mandate of the Working group.

IMADR (International Movement against All Forms of Discrimination and Racism, in the name of NGOs): Underline the importance of the independence of the experts, permit the positive development and recommend implementation. The NGO recalls the importance of the mandate. They want renew and also strengthening this mandate.

Ms Gay Mc Dougall: Gratitude for every government and underline the critical issue about the minority. We need to be more effective, use tools to identify best practises because we’ve have different point of view in the world concerning minority. The reduction of the poverty is also a critical priority, we need to ensure the political participation of the minority. Citizenship is also an important thematic like the education. She would like to thanks Austria for the work setting up about Human Right.

Austria: Since 2005, we’ve worked for a solid framework and basis, to link the both Human Right and minority. We’ve prepared a reviewed text.

The morning session finished with a new confrontation and exchange of political critics between Israel and Iran about Palestine.



Jean Chamel and Damien Afonso





7th Session of the Human Rights Council

19th March – Morning



The session started with the oral presentation of the reports of :
- the Intergovernmental Working Group on the effective implementation of the Durban Declaration and Programme of Action;
- the special Rapporteur on Contemporary forms of racism, racial discrimination, xenophobia and related intolerance;
- the Independent Expert on minority issues (for her visit in Dominican Republic) ;
- the Chairperson-Rapporteur of the Working Group on people of African descent.

After the answers of the Delegations of Estonia, Latvia, Lithuania, Mauritania and the Dominican Republic as concerned countries, started the interactive dialogue.
Slovenia on behalf of the European Union, Cuba on behalf of the Non-Aligned Movement, Pakistan on behalf of the Organization of the Islamic Conference, Israel, Indonesia, the Holy See, Italy, France, India, Brazil, the Russian Federation, China, Haiti, Djibouti, Nepal, the Republic of Korea, Bangladesh, Egypt on behalf of the African Group, Algeria, Cameroon, Chile, Uruguay, Morocco and Palestine on behalf of the Arab Group took the floor.


ORAL PRESENTATIONS:

- Dayan Jayatilleka, Chairman-Rapporteur of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, said that racism was a concern to all peoples and countries. In its most pervasive manifestations, racism invariably and disproportionately affected marginalized or vulnerable groups. In this perspective, it represents a threat to international peace and security.

- Doudou Diene, Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance, stressed the three key observations of his rapport: the erosion of the political determination to combat racism and discrimination, the raise of violence and the raise of the political legitimization of racism in the political arena. He added that there was a general increase in the manifestations of religious hatred and intolerance, coupled with the growing ideological and intellectual suspicion of minorities. He finally presented his comments concerning his visits to Estonia, Lithuania and Latvia and to the Dominican Republic.

- Gay Mcdougall, Independent Expert in minority issues, presenting her report on her visit to the Dominican Republic, raised the issue of the rights of the Haitian minority in the Dominican Republic.

- Peter Kasanda, Chairperson-Rapporteur of the Working Group on People of African Descent, said that the Working Group had been requested by the Durban Review Conference Preparatory Committee to assist it by undertaking review and submitting recommendations. The Working Group had thus decided to do a review and analysis of observations and conclusions that had been adopted in previous sessions. Themes that had been analysed included, amongst others, the administration of justice, racism and the media, access to education, racism and employment, racism and health and racism and housing.


INTERACTIVE DIALOGUE:

Most of the speeches were focused on the rapport on Contemporary forms of racism, racial discrimination, xenophobia and related intolerance. Only the Russian Federation criticized the rapport. France clarified some allegations concerning its immigration policy and the neutrality of the French institutions in the religious domain.

Pakistan (OIC)
The Delegation of the Pakistan, speaking on the behalf of the OIC, said the OIC noted with grave concern the assessment of the Special Rapporteur on racism that the most serious manifestation of defamation of religions was the increase in Islamophobia and the worsening of the situation of Muslim minorities around the world.
Moreover, the Delegation of Pakistan said that it was the view of the OIC that there was a need to fill the juridical vacuum in addressing the issue of religious intolerance. The OIC reiterated its suggestion that the HRC, in conjunction with the Office of the High Commissioner for Human Rights, should take a lead and start consultations to examine the possibility of drafting a convention to combat defamation of religions and to promote religious tolerance.

Indonesia
The Delegation of Indonesia said that Islam was still being stereotypically associated with violence and terrorism. In response, the Indonesian authorities was of the view that freedom from defamation of religion should be consistently promoted through inter-religious and intercultural dialogue. In one final question, Indonesia asked if the concept of multiculturalism, as defined in the rapport, was a social construct which was perhaps difficult to attain because its divergences with the concept of national identity.

India
The Delegation of India noted that the Special Rapporteur on racism had referred to the caste system in his report. India rejected his suggestion that discrimination on the grounds of caste was one of the contemporary manifestations of racism. The caste system did not have racial but social origins.

Russian Federation
The delegation of the Russian Federation expressed its dissatisfaction at Mr. Diene’s reports on his visits to the Baltic States concerning the situation of the Russian minorities in these countries.

Egypt (African Group)
The Delegation of Egypt, speaking on the behalf of the African Group, stressed that the report emphasized the alarming increase in instances of incitement to racial and religious hatred, and stressed the dangers associated with the practice of defamation of religions, amidst continuing denial and refusal by some States to comply with their international obligations and make such acts punishable by law. The African Group fully endorsed the Special Rapporteur’s proposal to convene an international seminar addressing this subject.

Chile
The Delegation of Chile, concerning the spreading of a Christianophobia because of its association with the West and the proselytism of certain evangelical movements presented in the report Mr Diene, asked to the Special Rapporteur what he meant by “proselytism” and whether it dealt with Christianophobia.


Palestine
Israel is still developing new forms of racist discrimination against Arab citizens in the Occupied Palestinian Territory by continuing to build its separation wall. Arab citizens had been deprived of their right to Arab identity by having Israeli documentation imposed on them. The Arab Group supports the Durban Review Conference as an opportunity for it to express its concern with regard to racism.

National Human Rights Institute of India
Had been proactive in identifying districts with repeated instances of discrimination and initiating special measures to spread awareness.Baha’i International Community
Over the past three years there had been an increase in violent and derogatory attacks against the beliefs of those belonging to the Baha’i faith in Iran. A campaign of defamation took place in government-controlled media, inciting the public to religious hatred.

Action internationale pour la paix et le développement dans la région des Grands Lacs
Many cases had undermined the dignity of Africans around Europe, in particular in the context of sporting activities. With the "war on terror" there is no longer a presumption of innocence. Action Internationale demanded an end to police violence against black people, an end to discrimination in the area of housing and employment, and an end to the humiliating actions against them in the context of the fight against drug trafficking.Association of World Citizens,
The stigma against immigrants, refugees and asylum seekers makes victims into perpetrators. All citizens needed to receive equal treatment and access to health coverage.

European Union of Jewish Students
The fight against racism and anti-Semitism is a fight to improve coexistence among peoples, religions and cultures and it should be a priority. We encourage the holding of an international conference against racism in principle. However, we should be careful: during Durban a number of countries had trampled on the fundamental values of the United Nations. Will Durban two be a repeat of Durban one?


Jean and Pierre-Etienne

mardi 18 mars 2008

18.03.2008 : ICRC Visit./ 17.03.08 Human Rights Council

18.03.2008 : ICRC Visit.

By Mr Bouvier.

Origins of ICRC :
- 1859: battle Solferino (France, italy and Austria).
- 1862: publication A memory of Solferino.
- 1863: founding International Committee for relief to the wounded.
- 1864: adoption of the Geneva Convention for the amelioration of the condition of the wounded armies in the field.
Development international humanitarian law. Important role of ICRC to this development (for instand to the development until Ottawa Convention on landmines).
Here we considere humanitarian law as what States are ready to accept.

Structure of ICRC:
Dual character:
- in terms of its organization, ICRC is a private association incorporated under Swiss land.
- In terms of its activities, ICRC has a distinct international status due to the public international functions it performs.
à Between intergovernmental and nongovernmental organization. Local institution with international mandate and personality.
Association on Swiss law is a simple legal form.

ICRC action:
At the beginning of the hostilities, the ICRC reminds the parties of their obligations under international humanitarian law, offers its services, evaluates needs and acts in favour of victims.

Definition of humanitarian law (unofficial definition, but commonly accepted):
Principles and rules which set limitations to the use of violence during armed conflicts, in order to:
- spare those persons (“civilians”) not directly involved in hostilities.
- Limit the effect of violence (even to “combattants”) to the amount necessary for the purpose of war. The goal is not to stop violence but at least to limit it.

People protected by humanitarian law:
Prisoners of war, military wounded and sick if not fighting any more, troups (reference to civil war, if recognized by State, for instance Colombia) and civilian population (with additional protection for children, women, refugees and IDPs).

ICRC activities:
- Conventional tasks in international armed conflict: visit and interview without witnesses of prisoners of war, provide relief to protect civilians, prisoners of war...
- Conventional and extra-conventional “right to initiative”: more used because broader implementation.

Different types of operational activities:
- Protect (civilians, deteinees, restoring family links),
- Assist (health, economic security, water, habitat),
- Preventive action (making the rules known).

Presence:
81 delegations.
more than 12.000 employees.

Resources of ICRC:
Voluntary contributions of States, not fixed.
Half of the budget expense in Africa, then Asia and Pacific and then Middle East.


For more informations please go on ICRC web site: www.icrc.org

Suzanne Roset.


Monday 17th March 2008: Human Rights Council, afternoon session
Review, Rationalization and Improvement of mandates (RRI)

Review of the mandate of the Special Rapporteur on situation of human rights in Myanmar


Slovenia, speaking on behalf of the EU, introduced this mandate. It recognized the fact that this mandate, established in 1992, has proven its usefulness in addressing human rights situation in Myanmar.

The Special Rapporteur has made a comprehensive work in a non-cooperative environment. Indeed as Mr. Pinheiro, the Special Rapporteur on situation of human rights in Myanmar has explained that since his appointment in 2000, he has been able to visit the country only seven times. Between 2003 and 2007, he was not allowed by the Myanmar authorities to access the country.

The EU and Mr. Pinheiro are deeply preoccupied by the situation of human rights in Myanmar.
Slovenia stressed different human rights violations such as
‘the continued imposition of restriction on the freedoms of movement, expression, assembly and association, prevalence of a culture of impunity, ongoing summary executions, torture, and forced labour practices, recruitment of child soldiers and sexual violence … the great number of political prisoners … ongoing large scale arbitrary land confiscation’.

According to Slovenia, Mr. Pinheiro and other countries such as Canada, the Republic of Korea, Japan, Sweden or the USA, this mandate should be renewed because it ‘allowed those inside the country to overcome the internal obstacles and to voice their concerns to the United Nations’ (Mr. Pinheiro’s speech). 
This mandate is an important tool for the International Community to be aware of the situation and to ‘hear’ the voice of those who are suffering.

Pakistan (on behalf of the OIC) and China expressed their opposition to country-specific mandates because this kind of mandate has no positive impact but leads only to conflicts. It recommends dialogue and cooperation. As Myanmar is in a political transition process, trying to establish a peaceful and stable democracy, the International Community should testify more support to Myanmar.
Pakistan added that the UPR is a sufficient tool to review the commitments of Member States to human rights.

Myanmar criticised this mandate and as it will be reviewed under the UPR, it esteemed that this mandate is no longer required. Furthermore, it accused the Special Rapporteur to have used unfounded allegations (based mostly on rumors and unreliable sources).

Mr. Pinheiro explained that he has created his own channel of information through 'reliable Civil Society Organizations, NGOs and individuals'. He has no interest to be against the Government of Myanmar

MJ

vendredi 14 mars 2008

HRC, March 13th and 14th, 2008

Human Rights Council, March 14th, midday session

Review, Rationalization and Improvement of mandates (RRI)

Review of the mandate of the Special Rapporteur on violence against women, its causes and consequences.

Canada introduced the mandate and declared that Ms. Yakin Ertürk, who was appointed in 2003, made a tremendous work, focusing in the effective implementation of international norms and standards. The work of the Special Rapporteur has brought significant contributions to address violence against women, even if there is still much work to be done.

Ms. Ertürk acknowledged that many challenges still remain. The international legal framework has still to be fully and effectively implemented. Therefore, the mandate should be improved because as Ms Ertürk explained: 
“as we confront new, emerging and complex issues concerning violence against women there will be a need to refine our legal and societal responses to them as well as our conceptual tools”
She hopes that the indicators proposed in the report will be accepted and implemented in order to better address violence against women.

Slovenia (on behalf of the European Union), Netherlands, India, Cuba, Norway, Finland, Columbia, Argentina, Chile, Turkey, Morocco, Algeria, Tunisia, Sweden fully support the mandate of the Special Rapporteur on violence against women and approved for its renewal.

This mandate and the work made by the Special Rapporteur are crucial to help the States to have a better understanding of the problems. Aware and conscious of the issue, they can then take specific and effective measures in order to protect women.
Several States welcomed the indicators proposed by Ms Ertürk in her report. 
Sweden emphasises the fact the violence agains women is a human right issue, it is not only a gender based problem but men have also a role to play. They must be fully involved in this process. 

Pakistan (on behalf of the OIC) has highlighted several points. First, it has asked for a more comprehensive approach in terms of implementation of the mandate. Second, focus should be on instances and implications of violence against women as a result and consequences of armed conflict. The social context must be taken into account too, and finally, the role of the family should not be neglected because it has an important protective role.

Egypt and Saudi Arabia regret also that some elements were not taken into account such as the social environment, the effect of poverty or marginalisation, or armed conflict.

MJ


Review of the mandate of the Special Rapporteur on the situations of human rights in the Democratic People’s Republic of Korea (DPRK)

Sponsors of this resolution: European Union (EU) + Japan
Slovenia, speaking on behalf of the EU, strongly supports the mandate on the situation of human rights in the Democratic People’s Republic of Korea. Established in 2004, the country remains in a worrisome situation: widespread and systematic use of torture, discrimination, violations of economic, social and cultural rights, death penalty due to political or religious beliefs/reasons, re-education or forced labour camps…
Japan agrees with Slovenia. The DPRK must cooperate and let the Special Rapporteur enter the country. • Special Rapporteur, Mr. Muntarbhorn regrets that the DPRK declined several times his invitation to cooperate and engage with the UN.
DPRK as the state concerned replied that as the Commission of Human Rights, a highly discredited body, well-known for its politicisation, selectivity and double-standards, has adopted this mandate, it should not be renewed. General debate

• Countries in favour of the renewal of the mandate of the SR:
Republic of Korea,
Canada,
Argentina,
Japan,
Slovenia (EU).

• Countries against the renewal:
Pakistan (on behalf of the OIC),
Cuba,
China,
Vietnam,
Algeria.

Issue of the country-specific mandates

Those in favour of the renewal of the mandate of the Special Rapporteur on the situation of human rights in the DPRK emphasise on the importance of this type of mandate.
Country-specific mandates with the UPR process help to address situations with grave human rights violations.

Most of the countries against the renewal have always stated their strong opposition to this type of mandate because targeting countries in such a way would only lead to provocation, if not confrontation. The role of the HRC is to promote a new spirit, based on dialogue, and cooperation. Furthermore, there exists a new mechanism, the UPR. This is an important tool to observe whether States respects their committments in human rights.

MJ


7th Session of the Human Rights Council
(March 13th, 2008)

AFTERNOON

Discussion of the reports presented by the Special Rapporteurs on the situation of human rights in Myanmar



Concluding remarks

During the concluding remarks, Paulo Sergio Pinheiro, Special Rapporteur on the situation of human rights in Myanmar, said he did not invent his mandate. It was a very longstanding mandate in the United Nations which had included a number of important principles. He also noted that the resolutions adopted by the Council were the product of the Council and not his own.
Then he highlighted the follow-up function of the HRC. He affirmed that when the HRC drafted and adopted resolutions or proposed recommendation, these must be followed up. He added that if the HRC wanted to be relevant, it had to follow up on its resolutions and verify what was implemented and what was not implemented. The Special Rapporteur said he was happy that there was a Seven-Step Road Map as well as a plan by the Government to hold a referendum in May. But he asked how this could take place in a country that is far from to be in a democratic transition.
Mr. Pinheiro stressed that in Myanmar there were today about 1,800 political prisoners and a lack of freedom of assembly. If the Constitution had plenty of human rights provisions and if the referendum was held in the usual etiquette of elections throughout the world, he would be the first to praise Myanmar. Looking at the crackdown in September 2007 and the continuous crackdowns, it would be difficult to imagine that the referendum would take place with the usual etiquette used in other democracy processes. There were several rules that were not yet in place. He hoped that these conditions could soon be in place.

The speech of Paulo Sergio Pinheiro was applauded by a majority of Delegates present in the conference room.


General debate on human rights situations that require the Council’s attention

During the general debate on human rights situations that require the Council’s attention Slovenia on behalf of the European Union, Canada, Italy, France and the United Kingdom took the floor. The Delegations expressed concerns about the situation of human rights in Myanmar, Sudan, Kenya, the Democratic Republic of the Congo, Sri Lanka, Zimbabwe, Belarus, China, Somalia, and Iran.

The Delegation of Slovenia, speaking on the behalf of the European Union, mentioned the situation in Sudan, DPRK, Myanmar, Kenya, Somalia, DRC, Sri Lanka, Zimbabwe, Belarus and China.

The delegation of Canada mentioned the situation in Zimbabwe, Myanmar, Iran, DPRK.
The Delegation of Canada stressed that the implementation of human rights norms at the national level remained a critical priority for the protection of the human rights. In this perspective, Canada saluted those countries that had memoranda of understanding with the Office of the High Commissioner for Human Rights for this tangible sign of their commitment to the protection and promotion of human rights.
Concerning the situation in Myanmar, Canada underlined the need for all concerned parties, including members of the democratic movement and ethnic minorities, to be included in the constitutional and electoral process. He also called for the release of all political prisoners, including Aung San Suu Kyi.

The Italian Delegation mentioned the situation in Darfur, Myanmar, DPRK, Somalia.
The Delegation of Italy continued to express its profound concern with regard to the human rights situation in Myanmar. Italy was of the view that the situation of human rights in Myanmar should remain a high priority on the agenda of the HRC and called for the mandate of the Special Rapporteur to be renewed and strengthened.

The French Delegation mentioned the situation in DPRK, Iran, Sri Lanka, Myanmar.
The Delegation of France remained greatly concerned about the restrictions imposed in Myanmar. France urged the authorities in Myanmar to cooperate with the Special Rapporteur and the Council.

The Delegation of United Kingdom mentioned the situation in Sudan, Somalia, Zimbabwe, Iran and DPRK.

-Pierre-Etienne
(Virginia Schippers)


Human Rights Council 7th Session, March 13th 2008, 

Morning

At the beginning of the meeting, the Council concluded its interactive dialogue with the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living (and on the right to non-discrimination) and the Independent Expert on minority issues. Then the HRC held a general debate on the promotion and protection of all human rights: civil, political, economic, social and cultural rights including the right to development.

Interactive Dialogue on Reports on Right to Adequate Housing and Minority Issues

Speaking in the interactive dialogue on the reports on the right to adequate housing and minority issues were Brazil, the Russian Federation, Estonia, Pakistan on behalf of the Organization of the Islamic Conference, Sudan, Hungary, Austria, Canada, Bangladesh, Mexico, Venezuela, former Yugoslav Republic of Macedonia, Sri Lanka, Peru, Turkey, Bhutan, Nepal, Kenya, Iran, and Latvia.
The Unites Nations Population Fund also took the floor.
The following NGOs also spoke: Ombudsman of Spain, Asian Forum for Human Rights and Development, Minority Rights Group International speaking on behalf of several NGOs, Human Rights Advocates, Centre on Housing Rights and Evictions, International Movement against all Forms of Discrimination and Racism.

In the Interactive Dialogue, delegations noted that minorities were often the most vulnerable categories of society, not only in developing countries but in developed ones as well. In national legislation, discriminatory norms were being enshrined by a number of countries. Speakers said that they endorsed the Independent Expert’s observation that prevention of violence and hate crimes against minority groups was a core obligation of States under the Declaration on the Rights of Minorities and other universal standards. Moreover, they listed national efforts to ensure adequate housing for all their citizens.

Concluding Remarks by Special Rapporteur on Adequate Housing and Independent Expert on Minority Issues

Miloon Kothari
, Special Rapporteur on adequate housing as a component of the right to an adequate standard of living and on the right to non-discrimination in this context said that the creation of his mandate had permitted better exposure of these rights. It had also made the indivisibility between all human rights even more obvious. M. Kothari hoped that the work of the past seven years had convinced all members of the Council that without the recognition of these rights, many other human rights would remain unfulfilled. However, this recognition encountered numerous problems such as the implementation through legislation policy and through budgetary commitment. States should devise strategies to the implementation of this right. Finally, M. Kothari introduced the problems within missions to Spain, South Africa, Canada, Mexico, but also in European Union.

Gay McDougall, United Nations Independent Expert on minority issues, insisted on the question of the issue of minorities and the discriminatory denial or deprivation of citizenship. The situation of minorities was often closely linked with citizenship and the conceptualization of national identity. The experience of minorities in all religions of the world demonstrated those realities. Ms. McDougall also spoke on the importance of her visit to France. Concerning regional mechanisms, the Independent Expert noted that she had fruitful consultations with the Council of Europe, the African Union and the Organisation for Security and Cooperation in Europe and welcomed the opportunity to meet with other regional bodies, particularly those in Asia.

Item 3: Reports on the Promotion and protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, Including the Right to Development - General debate

Kyung-Wha Kang
, United Nations Deputy High Commissioner for Human Rights, began by citing the report on progress in relation to access to medication in the context of pandemics such as HIV/AIDS, tuberculosis and malaria. This report is a compilation of governmental, United Nations and non-governmental replied on steps they have taken to improve such access. It also includes information on the exploration of new financing mechanisms to foster improvements, as well as on the impact of intellectual property rights on access to medication.
She insisted also on the issue of extreme poverty linked to human rights.
She’s also mentioned the question of integrating gender into the human rights mechanisms.
Concerning the report on human rights of persons with disabilities, it provides an update of OHCHR activities supporting the Convention on the Rights of persons with Disabilities and its Optional Protocol.

Andrej Logar, the representative of Slovenia on behalf of the European Union, said that economic deprivation was a standard definition of poverty. In fact, poverty and discrimination are both the causes and consequences of human rights violations and attacks on human dignity. A case in point was arbitrary confiscation of farmer’s land by the authorities in Burma/Myanmar. Moreover, migration is an important human right area where there is no room for complacency and that goes for all regions, including the EU. Other issues was also underlighted such as violence against women, sexual orientation and gender identity, rights of children, practices of torture, the use of mercenaries as a means of violating human rights.
Zimbabwe was called on to respect freedom of expression and opinion. Finally, the EU remains deeply convened about the renewed conflict in Sudan, particularly in West Darfur.

Marghoob Saleem Butt, the representative of Pakistan, said that the right to self-determination was the “bedrock” on which the edifice of international relations among States was based. This right should be exercised freely without coercision or repression. It cannot be exercised under conditions of foreign occupation. He stressed that the free exercise of this right been denied in several other parts of the world, such as in Jammu, Kashmir and Palestine. The President of Pakistan has presented several creative ideas for finding a solution to the Indian Occupied Kashmir issue, such as demilitarization, self-governance and joint management.

Others speakers in the general debate on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, were Japan, the Netherlands, Malaysia, Brazil, Senegal, France and the Russian Federation.


Aurélie and Meriam


7th Session of the Human Rights Council 12th March 2008 -

Afternoon session
INTERACTIVE DIALOGUE WITH EXPERTS ON HUMAN RIGHTS DEFENDERS, VIOLENCE AGAINST WOMEN AND EFFECTS OF ECONOMIC REFORM POLICIES


Ms. Hina Jilani: Special Representative of the Secretary-General on the situation of human rights defenders.

Human rights (HR) defenders play an important role in promoting and protecting human rights. Ms Jilani acknowledged that ‘there cannot be respect for human rights if activities in defense of those very rights are curtailed’ therefore:
The UPR is an important tool in monitoring the situation of HR defenders so are the regional mechanisms for the protection of HR defenders.
Country visits:
Indonesia (5-12 June 2007)
Visit of different parts of the country (Jakarta, Aceh and West Papua)
Positive steps in the strengthening of the legal and institutional framework for the promotion and protection human rights, but still several gaps and shortcomings, especially absence of concrete measures to protect effectively HR defenders. HR defenders experience many constraints imputed to certain activities of the police, the military, or even non-state actors (groups of religious extremists).
In West Papua: climate of fear for the HR defenders engaged with the rights of the Papuan communities.

Serbia (17-21 September 2007)
Existence of ‘a vibrant community of HR defenders’ however, existence also of a certain ‘degree of hostility towards HR defenders working on transitional justice and minority rights’. 
Necessity to end the impunity for the attacks against HR defenders. 

Kosovo (20-21 September 2007)
Challenging environment for governance. Dynamics between civil society and public authorities are weak. Important to ensure ‘the growth of a vibrant and vigilant civil society and a human rights community’

Former Yugoslav Republic of Macedonia (23-25 September 2007)
Since the 1st visit of Ms Jilani in 2003, she recognized there have been positive developments: ‘adoption of several laws relevant to the work of HR defenders’, but lack of effective implementation. 

Guatemala (18-20 February 2008)
A report will be soon submitted.


Ms. Yakin Ertürk: Special Rapporteur on violence against women, its causes and consequences. 

Progress has been made during the last years in fighting violence against women and in implementing international norms and standards to protect women. Violence against women has 'gained visibility world wide and has become a major agenda item' within the UN.However, there is still much to be done.
The report of Ms. Ertürk focused on indicators on violence against women and State action to address such violence. Those indicators are crucial 'in providing guidance on policies and programmes, enabling measurement and monitoring progress, and guiding systematic data collection' (Ms. Ertürk's speech).

Proposal of 3 types of indicators:
1- ‘Grave violence’. 
This indicator does not only focus on 'intimate partner violence' but takes into account different forms of violence such as rape, serious sexual assault against girls and women, forced marriage...
2- ‘Femicide’.
Gravest form of violence against women.
3- ‘Social tolerance’
The major challenge is of course the full and acceptance of these proposals, and their implementation.

Presentation of the findings from the country missions conducted in 2007.
Algeria, visit from the 21st to 31st of January 2007.
Progress towads gender equality (legislative reforms and social policy areas). However, women face discriminations (lack of equal access to the labour market and decision-making positions, legal gaps concerning marriage, child custody and inheritance). Other problems are: feminized poverty and maginalization, sexual harassment and abuse.

• Ghana, visit from the 7th to 14th July 2007.
Violence against women = too pervasive, within or outside the home.
Physical and sexual abuse = widespread. 
Early/child marriage, Female genital mutilation. Although the Ghanaian government has taken some measures to protect women, those who are supposed to implement those measures and protect women (the police, courts, social or health services) are not 'sufficiently equipped and trained to effectively protect women facing violence'.Ms. Ertürk called on the Ghanaian government to comply with its national and international commitments to women's rights.

Democratic Republic of Congo, visit from the 16th to 27th July 2007.
Sexual violence, sexual atrocities = used as a weapon of armed conflict. 
Aim = 'complete physical and psychological destruction of women with implications for the entire society'.Those sexual violences are committed by the State armed forces, the Congolese National Police, non-state armed groups and increasingly civilians.Problem of accountability and impunity, lack of care.

Statements by the concerned countries
Indonesia: the country is strengthening HR law. It is adopting and implementing several national laws that protect HR defenders. Furthermore, Indonesia is also promoting the participation of women in politics and public policy.

Serbia: thanks Ms Jilani for recognizing the fact that there exists a vibrant and active HR community in Serbia. However, there are some elements in the report that quite ambiguous, particularly the situation in the Serbian province of Kosovo, and those elements does not reflect well the real situation.

Former Yougoslav Republic of Macedonia: Support the mandate of HR defenders.

Algeria: The report on violence against women is not objective enough and does not take into account the 'muslim' culture, the Islamic law. The recommandations are unacceptable and countered the 'plurality of human family'.
The rights of women are integrated in the Algerian legislation, women and girls receive the same education than boys, they are protected. Algeria faced a few years ago terrorism crimes, but is now trying to implement a charter for national peace and  reconciliation. 

Ghana: some critics about the report on violence against women. The Special Rapporteur relied mainly on secondary sources as she could not stay more than seven days. Unfortunately, she made generalization and stated that Ghana is a  violator of human rights. She did not understand that there is a specific cultural milieu in Ghana. 
The rule of law prevails in Ghana, and although traditional institutions are still effective, the traditional chefs are not as powerful as the report states.
Women have equal status than men. They have economic power. 
The report on violence against women should be more balanced.

Democratic Republic of Congo: recognized that sexual violences increased since the conflict. It is a major preoccupation for the Government. These horrific acts are committed by men in uniforms, using rape and sexual violences as a weapon of war. The Government is combatting impunity. It has ratified the Rome Statue of the International Criminal Court. Sanctions are now being applied to the perpetrators of sexual violences. The judiciary system of the country is being reformed, in partnership with the European Union.
 
MJ


Morning session

Interactive dialogue
Reports on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, on the right to food and on the promotion and protection of the right to freedom of opinion and expression.

The comments focused on the three reports presented yesterday by the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, the Special Rapporteur on the right to food and the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression.

Comments of States:

The Delegations of Tunisia, Cote d’Ivoire, Slovenia, Nicaragua, Iran, Peru, Russian Federation, Venezuela, UNFPA, Zimbabwe, Belgium, Vietnam, Switzerland, Thailand, Syria, Australia, Germany, Morocco, Maldives, African Union, Sudan, Canada, Nigeria, Japan, Norway, New Zealand, Republic of Korea, Belarus, Luxemburg, Bangladesh, Israel, Angola, South Africa and Malaysia took the floor.

Report of Jean Ziegler, Special Rapporteur on the right to food

All delegations welcomed the report of the Special Rapporteur and congratulated the work done by Prof. Ziegler. The Delegation of Vietnam said that the right to food has to be treated as equivalent to the civil and political rights.

Some Delegations (Nicaragua, Iran, Russian Federation, Zimbabwe, Vietnam, Syria, Angola) welcomed particularly the report of the Special Rapporteur on the situation in Cuba. They stressed the cooperative behaviour of the Cuban authorities and the positive evolution of the human rights in the country despite the economic blockade.

During his comment, the Delegation of the Venezuela raised the question of the agro-fuel and its impact on the right to food.

The delegation of the Russian Federation raised the issue of the impact of trans-national corporations on the right to food.

After praising Mr. Ziegler’s work, the Malaysian delegation declared how the fight against poverty and hunger represents a priority in their national policy for the interest of all Malaysian nationals.

The Angolan Delegation expressed deeply concerns about the number of children who die every day in the world of hunger.

Report of Ambeyi Ligabo, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression

Most of the comments were centred on the relationship between the right of expression and religious defamation.

During his comment, the Delegation of Belgium said that the protection of the rights of individuals was compatible with the protection of the freedom of religion. Belgium expressed its concern about the intent of certain country to add defamation of religion to the Special Rapporteur’s mandate.

The Iranian delegation said that Iran did not share the view of the Special Rapporteur affirming that, in a context of growing islamophobia, the right of expression cannot be considered absolute if it used to aggress and insult a religion. In this perspective, the report should be more balanced.

The delegation of Germany expressed its concern about a worldwide and increasing trend to censor and restrict the freedom of internationally active media, resulting in a severe infringement on the individual’s information freedom.

The Malaysian Delegation particularly appreciated Mr. Ligabo’s report for its fully endorsement to right to freedom of religions.

The Delegation of Australia expressed its preoccupation about the situation of the freedom of expression in Sri Lanka and Fiji.


Report of Paul Hunt, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health

The report was welcomed by all the Delegations.

The Delegation of Thailand said that the right to health has to be considered a fundamental component of the human rights. Moreover, pandemics poses a grave security threat to all nations. The lack of new and existing medicines requires more resources and new thinking, not only between the members of the international community, but also between States and private actors.

The Delegation of Peru said that it looked forward to the implementation of Mr. Hunt’s proposal that the Council hold a thematic panel on maternity health.


Comments of NGOs:

Several NGOs took the floor: Ugandan Human Rights Commission, Movement against Racism and for Friendship among Peoples, Federation of Cuban Women, Foodfirst Information and Action Network, International Humanist and Ethical Union, Amnesty International, Europe-Third World Centre, Human Rights Advocates, Centrist Democratic International, Reporters without Borders – International, International Federation of Rural Adult Catholic Movements.

Report of Jean Ziegler, Special Rapporteur on the right to food

Foodfirst Information and Action Network stressed that the moratorium on agro-fuels would be an important tool to address the long-term risks associated with biofuels.


Europe-Third World Centre, in a joint statement with France Libertés – Fondation Danielle Mitterrand; and Movement against Racism and for Friendship among Peoples reminded that 18,000 children died per day due to malnutrition. The situation of food security was solely due to the will of States, who were responsible for perpetuating this injustice.

Human Rights Advocates said that the right to food could not be separated from the right to water

Report of Ambeyi Ligabo, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression

International Humanist and Ethical Union said that attempts by some States to further restrict freedom of expression, by making human rights subject to religious law, were seen with alarm. Such restriction elevated faith above human rights. States were urged to reject such attempts.

Concerning the situation in Sri Lanka, Amnesty International said that since the resumption of armed conflict in 2006, threats to the media and media freedom had become very serious and there had been reports of at least ten media workers having been unlawfully killed.

Reporters Without Borders said that the it shared and reiterated the Special Rapporteur’s urge for minimal restrictions on freedom of expression while offering wise advice to those who may not weigh the full consequences of publications which offended cultural and religious sensitivities.


Special Rapporteurs’ final remarks:

Paul Hunt, Special Rapporteur on the right to everyone to the enjoyment of the highest attainable standard of physical and mental health, in concluding remarks, thanked all delegations for comments and questions posed to him and said he would be available for further consultations. Regarding questions posed on the draft guidelines on pharmaceutical companies, he recalled that his report stated the intention for States to adopt these guidelines. Pharmaceutical companies had a major impact on the right to health, often it was positive, but something it was not. The guidelines were aimed for these companies to improve their activities, and to especially benefit those living in poverty.

Jean Ziegler, Special Rapporteur on the right to food, in concluding remarks, thanked all the delegations that supported his mandate and contributed to its success. He addressed three specific questions, the first of which was asked by the Ambassador of Pakistan, on behalf of the Organization of Islamic Conference. This had to do with the role of transnational corporations on the right to food. The United Nations Conference on Trade and Development had made an inventory of 85,000 transnational companies and the five largest ones were much more powerful in terms of annual revenue than most countries in the world. They were beyond the control of this Council. One positive step to reducing the power of multinational corporations was the guidelines of the Organization for Economic Cooperation and Development on human rights and multinationals, which should be signed by as many Governments as possible. The Human Rights Council had not yet focussed on this problem and had accepted to prepare an inventory of ombudsmen and officials but there was a great need for a regulatory framework and a Special Rapporteur on this issue as these non-state actors had become incredibly powerful in recent years.The second point of order raised by Mr. Ziegler referred to the report on Cuba, which raised a great deal of interest in the Council. Cuba was engaged in a process of in depth reform of its agricultural sector. The causes were different from most other countries. Cuba boasted some 500,000 university students, which was double the number in Switzerland with regards to population. If children of farmers became scientists, biologists and lawyers, they would not stay on the land. The same applied to the market.

Ambeyi Ligabo, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, in concluding remarks, said that, concerning the remarks of Ukraine, nobody had any doubts about the multicultural society of Ukraine, and nobody had cast this society as racist, but his focus on the racist attacks had mainly been because of the restriction of expression of minorities in the country. He agreed that cases of expression of hate against religions had to be vehemently condemned. On the criminalization of defamation, there was an annex in his report about this topic. On the issue of the Danish cartoon, he had made a visit to Denmark, and had made a report on this topic in the past. He thanked the Maldives for their invitation.


The Sri Lankan and the Ukrainian Delegations took the floor during the right to reply session.

Pierre-Etienne & Marco