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