jeudi 19 juin 2008

8th session of the Human Right Council, 18th june 2008 15-18h

8th session of the Human Right Council
18th june 2008 15-18h

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

Comments before the vote of Resolution L.4: Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
Council adopted the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights and recommended that the General Assembly adopt and open for signature, ratification and accession the Optional Protocol, at a signing ceremony in Geneva in March 2009.
The annexed Optional Protocol provides for Committee on Economic, Social and Cultural Rights to receive and consider communications by individuals or groups of individuals claiming to be victims of a violation of any of the rights set forth in the Covenant.

Canada refuses the additional protocol partly because the delegation considers that all rights are indivisible. The canadian delegation regrets the non transparent progress.

Pakistan remind the members of the Council that the right to autodetermination belongs to ius cogens, and that a reference to some articles of the 1966 Pact means the respect of all other rights expressed in this same Pact.

Philippines will not bloc the adoption.

Adoption of Resolution L.4 without vote.



Resolution on the mandate of the Special Rapporteur on extrajudicial, summary or arbitrary executions.
The Council requested the Special Rapporteur, inter alia, to continue to examine situations of extrajudicial, summary or arbitrary executions in all circumstances and for whatever reason and to submit her or his findings on an annual basis and decided to extend the mandate of the Special Rapporteur for three years.

African group thanks the Council but regrets the failure of recognition of arbitrary executions in conflits situations and targeted assassinations. The African group also deplores that others forms of arbitrary executions are eliminated. The African group requests for more negociations.

Adoption of the Resolution without vote.



Resolution L. 5 on the right to education.
The Council decided to extend the mandate of the Special Rapporteur on the right to education for a period of three years, inter alia, to gather, request, receive and exchange information from all relevant sources on the realization of the right to education and on obstacles limiting effective access to education.
First text on this subject.

Adoption of the Resolution L. 5 without vote.



Resolution L. 6 on the promotion of a democratic and equitable international order.

The Council urged all actors on the international scene to build an international order based on inclusion, and promotion of and respect for cultural diversity and universal human rights, and to reject all doctrines of exclusion based on racism, racial discrimination, xenophobia and related intolerance. 12 additional co-writers.

No comment.

European Union will vote against this resolution.

Vote: 32 yes. 13 no. 2 abstentions. Adoption of the Resolution L. 6.



Resolution L. 7 on the mandate of the Special Rapporteur on the independence of judges and lawyers.

The Council decided to extend the mandate of the Special Rapporteur for a period of three years, and requested the Special Rapporteur, inter alia, to inquire into any substantial allegations transmitted to him or her and to report his or her conclusions and recommendations thereon.

No comment. No explaination before the vote.

Adoption of the Resolution L. 7 without vote.



Resolution L. 8 on the mandate of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises.

The Council decided to extend the mandate of the Special Representative for a period of three years, and requested the Special Representative to provide views and concrete and practical recommendations on ways to strengthen the fulfilment of the duty of the State to protect all human rights from abuses by, or involving, transnational corporations and other business enterprises.

India would like to reminds the Council about the obligation to promote, cooperate Human Rights.

Slovenia would like to put the accent on non-state actors.

South Africa considers the importance of the weak national legislations and hopes for more transparency. The South African delegation will dissociate of the adoption of this resolution.

Adoption of the Resolution L. 8 without vote.



Resolution L. 9 on the prohibition of torture and other cruel, inhuman or degrading treatment or punishment.

The Council decided to extend the mandate of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment for a further period of three years, inter alia, to seek, receive, examine and act on information regarding issues and alleged cases concerning torture or other cruel, inhuman or degrading treatment or punishment.

Adoption of the Resolution L. 9 without vote.



Resolution L. 13 on the promotion of the right of peoples to peace.

The Council requested the United Nations High Commissioner for Human Rights to convene, before April 2009, a three-day workshop on the right of peoples to peace, with the participation of two experts from countries of each of the five regional groups, in order to further clarify the content and scope of this right; to propose measures that raise awareness of the importance to realize this right; and to suggest concrete actions to mobilize States, intergovernmental and non-governmental organizations in the promotion of the right of peoples to peace.

Cuba asks for a large support. Absence of peace does not mean right to violate Human Rights.

European Union will vote against this resolution.

Vote: 32 yes. 13 no. 2 abstentions. Adoption of the Resolution L. 13.



Resolution L. 14 on the human rights of migrants: mandate of the Special Rapporteur on the human rights of migrants.

The Council decided to extend for a period of three years the mandate of the Special Rapporteur, inter alia, to examine ways and means to overcome the obstacles existing to the full and effective protection of the human rights of migrants, recognizing the particular vulnerability of women, children and those undocumented or in an irregular situation.

Adoption of the Resolution L. 14 without vote.



Resolution L. 16 on human rights and extreme poverty.

The Council decided to extend the mandate of the Independent Expert on human rights and extreme poverty for a period of three years, in order to, inter alia, further examine the relationship between the enjoyment of human rights and extreme poverty; and to identify alternative approaches for removing all obstacles to the full enjoyment of human rights for all people living in extreme poverty. The Council also requested OHCHR to give high priority to the question of the relationship between extreme poverty and human rights and invited it to pursue further work in this area. 72 additional co-sponsors.

France expresses that poor have no political, civil, social and cultural rights, and this concerns people in poor and in rich countries, even if developing countries are far more touched.

South Africa considers the challenges for developing countries. The South African delegation will dissociate of the adoption of this resolution.

Adoption of the Resolution L. 16 without vote.



Resolution L. 17 on the Special Rapporteur on trafficking in persons, especially women and children.

The Council decided to extend the mandate of the Special Rapporteur for a period of three years, in order to, inter alia, promote the prevention of trafficking in persons in all its forms and the adoption of measures to uphold and protect the human rights of victims. The Council also requested OHCHR to submit to the Council, at its ninth session, a report on the latest developments in the United Nations relating to combating trafficking in persons as well as on the activities of the Office on this issue.

Timor-Leste is co-sponsor for this resolution.

Adoption of the Resolution L. 17 without vote.



Resolution L. 18 on the elimination of discrimination against persons affected by leprosy and their family members.

The Council called upon Governments to take effective measures to eliminate any type of discrimination against persons affected by leprosy and their family members, including awareness-raising; requested OHCHR to collect information on the measures that Governments had taken to eliminate discrimination against persons affected by leprosy and their family members, and to submit a report to the Council and the Human Rights Council Advisory Committee; and requested the Advisory Committee to formulate a draft set of principles and guidelines to eliminate discrimination against persons affected by leprosy and their family members, and to submit it to the Council for its consideration by September 2009.
34 additional co-sponsors.

Adoption of the Resolution L. 18 without vote.

End of item 3.



Resolution on Human Rights Situations that Require the Council’s AttentionResolution L. 12 on the situation of human rights in Myanmar.

The Council strongly urged the Government of Myanmar to desist from further politically motivated arrests and to release all political prisoners without delay; called upon the Government to fully implement the commitments it had made to the Secretary-General on granting immediate, full and unhindered access by relief workers to all persons in need throughout the country; called for an absolute and immediate stop to the recruitment of child soldiers into both the Government armed forces and armed groups; and called for a full, transparent and effective, impartial and independent investigation into all reports of human rights violations, including enforced disappearances, arbitrary detentions, torture and ill-treatment, forced labour and forced displacement.

Slovenia for all European Union: referendum was more important than survival of the population.

Philippines, Sri Lanka, Indonesia, Russia, Malaysia and China consider that it should be better that international community encourage the efforts of national reconciliation and of demecratization with referendum instead of condamning it. Russia added that the international community does not take into account the begun efforts.

Myanmar considers this resolution as similar to the one presented last march to the Council. The Myanmar delegation considers it as pression from several States. The delegation reminds the challenge of nargis cyclone, the ccoperation of the country with the international community and the referendum for a new Cosntitution (92,7% of the voting were approving it. 98% of the popultation voted). The Myanmar delegation accepts the entranceon its territory of a Special Rapporter before next Human Rights Council. Myanmar will dissociate of the adoption of this resolution.

Adoption of the Resolution L. 12 without vote.


Texts on Organizational and Procedural Matters
In a resolution on conference facilities and financial support for the Human Rights Council, the Council reaffirmed the need to ensure the provision of necessary financial resources to the Council and its Working Groups in order to discharge its mandate fully; expressed its concern at the delays in the submission of documents to the Council, and in particular the delays in the translation of documents; and reaffirmed that the Council would consider favourably the adoption of a decision on the webcasting of all public proceedings of its various Working Groups. In a Presidential statement on terms in office of Special Procedure mandate holders, the Council stated that in accordance with General Assembly and Human Rights Council resolutions, a Special Procedure mandate holder’s tenure would not exceed six years in a particular position. The Human Rights Council guaranteed the integrity and independence of the system of Special Procedures and would also follow up on the implementation of the Code of Conduct for Special Procedure mandate holders.

Suzanne Roset.

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