mercredi 5 mars 2008

HLS 5th March 2008

7th Session of the Human Rights Council
High Level Segment
Geneva, 5th March 2008
Morning

This morning Cameroon, United Kingdom of Great Britain and Northern Ireland, Botswana, Sweden, Denmark, Lithuania, Germany, Saudi Arabia, Italy, Spain, Equatorial Guinea, and Zimbabwe took the floor.


H.E. Mr. Mark Malloch-Brown, Minister for Africa, Asia and the United Nations of the United Kingdom of Great Britain and Northern Ireland
After praising UN former Secretary General Kofi Annan’s reform, Mr. Malloch-Brown stated that the Human Rights Council must drive the international community to a better protection of human rights. The international action can and does make a difference, particularly when it is sustained and coordinated. The UK remained concerned about the considerable human rights problems affecting Pakistan. The international community must, therefore, continue its engagement to improve this issue. Similarly, this engagement must continue in Kenya in order to solve the current escalation of violence. Mr. Malloch-Brown, expressing his support to Mrs. Arbour, urged the Sri Lankan government to work constructively with Mrs. Arbour’s Office to achieve an improvement of the human rights situation in Sri Lanka. Concerns about the terrible human rights situation in Zimbabwe were also expressed. Mr. Marloch-Brown also stated that human rights are genuinely universal, and the Council must therefore continue to tackle the discrimination against homosexuals whose basic rights are often violated.
The involvement of a country in the UPR must reflect the commitment to the Council in order to make it effective and strong.

H.E. Mr. Frank Belfrage, State Secretary for Foreign Affairs of Sweden
Aligning with the statement of Slovenia on behalf of the European Union, Mr. Belfrage, referring to UN Secretary General statement, stated that we all need clear commitments and clear accountability to implement those commitments. The Sweden representative saluted the importance of the Universal Declaration, and confirmed his government’s determination to give priority to human rights respect. Mrs. Arbour and her office are the key to respond to the many challenges we have to face to improve the situation of human rights. Sweden expects the Council to move on, since it has different tools and it has demonstrated the values of Special Sessions. Sweden expressed its concerns regarding the serious situation of Myanmar, DPRK, Sri Lanka and Ethiopia.
Despite the moratorium on the death penalty called on by the GA, a large scale of that practice continues in countries like the USA, China and Iran. Concerns have also been expressed about the violation of human rights of homosexuals in Nigeria, Iran and Saudi Arabia. Mr. Belfrage also stated: <Successful elections this past year in countries like Sierra Leone and Timor-Leste […] have underlined the remarkable spread of democracy>.

H.E. Mr. Per Stig Moeller, Minister for Foreign Affairs of Denmark
Denmark underlined the unique role of the UN as promoter of dialogue among states.
Mr. Moeller also stressed the universality of human rights, and defined the Council as the central platform to promote the respect of human rights. The UPR represents a unique tool in the promotion of the Council’s goal.
Mr. Moeller also stated that the exercise of the freedom of speech can never justify death threats or indeed killing another person.

H.E. Mr. Gunter Nooke, Vice-Minister and Commissioner of the Federal Government for human rights and Humanitarian Aid of Germany
Mr. Nooke expressed his Government’s appreciation and esteem for the valuable work undertaken by Mrs. Arbour and her staff. These feelings were also addressed to the work of those NGOs which contributed to enrich the Council’s success. Mr. Nooke declared that the Council is now equipped with the tools and procedures required to enable it to fulfill its role as an efficient and credible centerpiece of the UN’s human rights protection system. Given this fact, the UPR represent the Council’s centerpiece.

H.E. Mr. Gianni Vernetti, Under-Secretary for Foreign Affairs of Italy
Italy, supporting the statement of the Slovenian Presidency on behalf of the European Union, is determined to pursue its ongoing efforts to make a substantial contribution to the objectives of the Council. Mrs. Arbour’s work was also greeted on behalf of the Italian Government. Mr. Vernetti urged all participants to take this opportunity to work together in order to solve the most urgent and critical human rights issues and to strengthen the capacity of the council to tackle them. Italy wishes the mandate of the Special Rapporteur for Myanmar to be renewed to enhance the collaboration between the Government of Myanmar and the Special Rapporteur. Italy expressed its concerns regarding the critical situation of Somalia and Darfur. Mr. Vernetti also confirmed its country’s commitment towards the universal abolition of the death penalty. An equitable access to safe water remains a priority for the Italian Government.

H.E. Bernardino Leon, Secretary of State for Foreign Affairs of Spain
Spain expressed its desire to join the Council and praised the Council commitment as major tool to protect human rights. The biggest challenge for the Council is the fulfillment of a constructive cooperation and dialogue. According to Spain, equality and the elimination of discrimination is a priority. Security policies must respect human rights, and so the war on terrorism cannot justify any kind of violation. Mr. Leon also expressed his country’s commitment towards the universal abolition of the death penalty. Spain wishes to become a member of the council during the 2008-2001 mandate, given the strong commitment for the respect of human rights.

Marco.



7th Session of the Human Rights Council
Geneva, 5th March 2008, 15:00 – 18:00

Panel on Human Rights Voluntary Goals (12:00 – 15:00)

The organisation of this panel is the result of the UN Resolution 6/26 adopted in December 2007 by the Human Right Council in Geneva. The objective is to elaborate Human Rights Voluntary Goals to be launched on the occasion of the celebration of the 60th anniversary of the Universal Declaration of Human Rights.


• Presentation of the panellists

Switzerland: Mr. Andrew Kaplan, Director of International Law and International Humanitarian Law and Human Rights, IHEID Geneva.
The set of Voluntary Goals makes participants to HRC, both States and NGOs, nervous. I is feared that fixing goals may induce a prioritisation of Human Rights, undermining some Rights for the profit of others, or that it may undermine the obligation for States to respect the Universal Declaration. States may also be afraid that if they don’t reach the goals they could be punished in terms of cooperation. But the idea is to capture the imagination of the Millennium Development Goals (MDGs), which require discipline and imitate them to set Voluntary Goals to improve the implementation of Human Rights. The main danger would actually be to celebrate the 60th anniversary of the Universal Declaration without further commitment for their implementation.

Brazil: MR. Paulo Vannuchi, Minister-Chief of the Special Secretariat of Human Rights of the Presidency of the Republic.
Human Rights violation are still widespread around the world and on the occasion of the 60th anniversary the Voluntary Goals are expected to help to improve the situation. These goals have to be innovative but also consensual in order to avoid tensions. It is an opportunity for dialogue, the fight between two different ideas should be overcome by a third new idea surmounting the earlier opposite positions. The implementation of Human Rights is not an easy task and Brazil still faces problems, particularly in terms of extrajudicial executions.

Italy: MR. Gianni Vernetti, Vice-Minister of Foreign Affairs (National Authority for Human Rights issues).
The Voluntary Goals don’t rise the issue of redefining the standards of Human Rights, they are meant to render their implementation more effective. There is a specific action to be carried: the abolition of death penalty, which has been the object of a resolution of the General Assembly in December 2007. The adoption of this resolution is the proof that Human Rights are not the imposition of Western values, since many non-Western countries, especially African voted for it. This example is the evidence that cross-regional approach is possible. In a context of globalisation, the rights of workers are also very important. It is moreover fundamental to maintain a civilisational dialogue, as culture and religion are very sensitive subjects related to Human Rights, and the panel on intercultural dialogue on Human Rights to be hold during this session is a first step in the good direction.

Morocco: MR. Abdelwahed Radi , Minister of Justice.
Intolerance and the respect of cultural diversity are main issues to be addressed by the Voluntary Goals: the fight should be directed against all the extremisms. Morocco supports the Universal Periodic Review (UPR) and the Voluntary Goals. The country has ratified almost all the conventions on Human Rights and has already implemented national institutions to deal with the Human Rights, particularly focusing on gender equality, women promotion and children conditions, and is ready to share its experience with others. The voluntary goals shouldn’t add new obligations for the States and the Human Rights should be dealt primarily at the national level.

Sri Lanka: Mr. Mahinda Samarasinghe, Minister of Disaster Management and Human Rights.
The Voluntary Goals are seen as a good mean for improving the capacities to solve Human Rights problems. But they should only be considered on request of the States. The most needed are national structures for an effective implementation. Moreover, it should be kept in mind that situations vary a lot among countries, and they are evolutive. Therefore, each State should take its own decisions to deal with its particular situation.


• Interactive dialogue

Pakistan (speaking on behalf of the OIC): The specificity of Islam should be considered. For this reason, the Islamic Conference has adopted a Declaration on Human Rights in Islam in 1990. Similarly, a charter on Women’s Rights has been adopted in 2007. The assimilation of Islam and terrorism has to be stopped.

Slovenia (speaking on behalf of the EU): A lot is still to be done for the implementation of the Human Rights, especially in terms of gender equality and homosexual and transsexual rights. Other concerns are the implementation of the Convention on the Rights of Persons with Disabilities and the follow up of Durban Conference.

Mexico: Mexico agrees with the principles of the Voluntary Goals and is particularly concerned by the ratification of the Convention on the Protection of Migrant Workers.

France: Most important is to make sure that all of the Declarations in the Universal Declaration of Human Rights (UDHR) are upheld before moving on to new subjects or creating new declarations. Must focus on improving the already-existing problems before trying to solve new ones. The universality of the Declaration should be strongly reaffirmed, and its unity is also fundamental. The fragmentation of the Declaration should be avoided.

Cuba: UDHR is not as universal as one might wish or one might think. There must be a set of goals to serve as a guide so that each specific country can work with them. These sets of goals must adapt to the specific needs of the country itself, so as to address the individual needs of each country more thoroughly.

Nicaragua: Hunger and Poverty are the largest and most frequent human rights violations.
It is also important that all citizens are involved in policymaking, (mentioning specifically men and women), so as to address the needs of everyone.

Saudi Arabia: There must be a focus on strengthening international and regional cooperation in dialogue of the Millennium Development Goals.

Ireland: One of the most important human rights issues that must be addressed is the acceptance of different sexual orientations. There must start to be more of a celebration of difference. Domestic law is another issue that must be addressed, along with the full abolition of the Death Penalty.

Colombia: There must be a national punishment for all human right violations (please verify with your notes—I’m not sure that is correct)

Algeria: There are two priorities concerning Human Rights:
1) Must put and end to foreign occupation, for it concerns one of the worst violations of human rights, (mentioning specifically, settlements). It leads to racism, xenophobia, and in particular, attacks by groups with a shared religion.
2) Religion defamation has reached its height in atrocity, most specifically anti-Semitic policy against Arabs. Racial discrimination must also continue to be seriously addressed.

Uruguay: The drawing up of national plans to enforce the elimination of all forms of discrimination is imperative.

Canada: Ratification of the core international instruments along with the establishment of Human Rights educational programs are important

Singapore: No consensus exists on the death penalty, for there are many countries that consider it simply a form of criminal justice, therefore it shouldn’t be considered as a Human Right.

China: When emphasizing the universality of the UDHR, it is important to remember that each country has its own policies, and it is equally as important to consider these different policies when creating declarations. It is imperative to leave enough space in these declarations so that each country and its individual policies can easily be addressed. It is also important that the international level provides better protection for each and every country.

Portugal: Agrees with the Slovenia (who spoke on behalf of the EU) on the subject of creating deadlines. There is a worry about creating new deadlines for the fear that they could undermine the already-existing deadlines. Agrees also with France about the importance of focusing on the already-existing Voluntary Goals instead of focusing all of the attention on creating new ones. It is important not to undermine the already-established Voluntary Goals.

Palestine (Speaking on behalf of the League of Arab States): It is important to take into consideration the Millennium Development Goals. The main concern of the Arab countries is making declarations compatible with international freedom in the exercise of these rights.

NGO—CIBICUS (?): Civil society and governments must work together to implement the UDHR, and they are ready as a civil organization to work with all governments around the world to better achieve this goal.

General Segment (15:00-1800)

This meeting was a general debate on different topics such as:
the situation in the Occupied Palestinian Territories,
the work of the Office of the High Commissioner on Human Rights (OHCHR), the Universal Periodic Review (UPR),
the rising problem of Islamophobia, the place of freedom of expression or opinion in relation with defamation of religions,
the climate change which will, if not already has, many consequences on human rights (rights of refugee and migrants).


Palestine: There are still many huge violations of human rights taking place around the world. Specifically mentioned were the abduction of children in Darfur. The situation in Palestine is the Arab Nations’ main concern, and also the cause of a lot of animosity between these Arab Nations and many Western Countries who continue to support Israel. Voices condolences and support for the Iraqi situation.
Critics about the imbalanced geographical representation within the OHCHR

Pakistan (Speaking on behalf of the Islamic Conference): Islamophobia is becoming bigger and anyone ever thought it could, and it is a priority to find ways to stop this individual intolerance. States (on a national capacity) the desire to be elected to the Council for the year 2011-2012.

Uruguay: Wants the adoption, by consensus, of the declarations concerning the Rights of the Child.

China: The situations of xenophobia and the plight of immigrants are worsening. It is imperative that we learn to respect one another in order to reach a common ground. It is also important to adopt a more inclusive way to implement human rights declarations by understanding differences.

Mexico: Two main priorities include the fight against terrorism and defending the Rights of Disabled Persons

Bangladesh: Five imperative priorities.
1) Poverty is the cause and the consequence of many human right violations today. The priority to how the international community can better fight poverty.
2) Climate change. Bangladesh will be submerged underwater if the sea level raises only 1 meter
3) Migration. Migrant workers are discriminated, and we must protect their rights
4) The defamation of religion
5) Support of Palestine

Malaysia: The priority is the Right to Development.
Critics about the impunity enjoyed by Israel, no implementation of the decisions of the three special sessions on the Occupied Palestinian Territories.
Malaysia played a crucial role in establishing an ASEAN HR mechanism = important in order to build an ASEAN community

Russian Federation: Constructive cooperation between the states, intergovernmental bodies, and civil society is imperative. There is also great concern for the growth of xenophobia and racial violence around the world. Also, in referring to a discussion yesterday, it is important that the famine of 1938 is not considered genocide.

Canada: Two main priorities.
1) The Freedom of Opinion and Expression. Full exercise to free speech gives rights to all other rights. Violations often occur with impunity, and requests supports of all delegations to renew this mandate.
2) Violence Against Women. Violations of this mandate also continue to occur frequently, and requests support of all delegations to renew this mandate as well as the consideration of taking further steps to put a stop to these violations.

Jordan: Voices importance of putting a stop to domestic violence, the best interests of the child. Torture. 

UNHCR:
UNHCR and HRC = complementary work. The universal applicability of HRs (particularly asylum-seekers, refugees, stateless persons and internally displaced persons) must be respected.
Right to asylum is difficult because of anti-migration laws.

AUSTRALIA:
It commended the OHCHR for its work to the promotion and protection of HRs around the world, including in the Asia-Pacific region.
Positive attitude and constructive work with the HRC.

USA:
The basic mission of HRC is to protect people, not governments.
The USA welcomed the special session on Sudan and Myanmar, but is still waiting for substantive action by those countries, and stringent actions in DPRK.
About Freedom of expression, the USA is surprised by the increased demands for a limitation to this right. Freedom of expression is crucial, and some countries use limitations on the freedom of expression in order to censor the press. Freedom of expression and Freedom of religion inseparable, instead of limiting these rights, the HRC should do all its best to defend and protect them.
The USA asked for the renewal of the mandate of the Special Rapporteur on freedom of religion, and on HR defenders.


Jean, Virginia, MJ

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