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
• 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
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.
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,
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
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.
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.
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
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