Minister of Justice of Timor-Leste, Ms. Lucia Lobato, began her speech by conveying the message of President Jose-Ramos Horta whose health was improving every day. As he came out of his coma his words were of peace and a call for no revenge. Timor-Leste was extremely challenged with its capacity building, which required the stimulation of the economy and the strengthening of the Government. Thus measures to combat poverty had to enhance education, social development and strengthen law, and democracy. Among its successes was the establishment of the National Human Rights Action Plan of Timor-Leste, which involved widespread public engagement and identified six priority areas, the Minister said. Those areas were: education, health, justice, security, agriculture and infrastructure. The Minister concluded her speech by stressing that despite recent setbacks in the process of State-building, the leadership and people of Timor-Leste were even more committed to democracy and human rights, as they remained a vibrant and free society.
Continuation of Item 3: Interactive dialogue with Special Rapporteur on the Human Rights of Migrants, Mr. Jorge Bustamante
During the interactive dialogue, Sri Lanka, Ecuador, The Russian Federation, Pakistan, Philippines, Algeria, Bangladesh, Turkey, Nigeria, Slovenia, Brazil, Indonesia, Senegal, Mauritania, Morocco and several NGOs took the floor.
All the countries which took the floor, expressed their gratitude to Mr. Bustamante’s work as Special Rapporteur on the human rights of Migrants. Most of the speakers conveyed their concerns regarding the thorny situation of migrants around the world. Every State, either country of origin, transit and destination, should make efforts to prevent the spreading phenomenon of xenophobia against migrants. Cooperation and participation of the civil society in this regard was urged this morning.
The representative of Sri Lanka stressed the importance of the ratification of the Convention on Migration, pointing out that many of the Western States have not done so.
The representative of Pakistan stated that the integration of migrants is important to ensure an impartial treatment in the respect of human rights. He also added that it was the sovereign right of States to evaluate border controls and their migration policy.
The representative of the Philippines, said that migrants are vulnerable to trafficking and abuses, and stressed the universality of human rights which, must be valid for migrants as well. The Philippines, underlining their commitment in this regard, will host in October 2008 the Second Global Forum on Migration and Development. In January 2008, the Philippines also participated to the meetings of the Colombo Process in Abu Dhabi for the protection of migrants’ human rights.
The representative of Bangladesh accused Western countries to have unconsciously encouraged xenophobia against migrants among their citizens.
The representative of Slovenia, on behalf of the European Union, expressed his country’s equal concerns with the risks faced by migrants who are looking for a better life, and in particular the need to protect them. A major dialogue is needed, and the contribution of other UN bodies, such as the IOM, is vital to these endeavours.
The representative of Indonesia stressed the importance of the dialogue between the country of origin and the country of destination. Multilateral and bilateral cooperation is therefore important to establish a regulation to prevent irregular migrations.
A series of NGOs then took the floor.
Reports on Toxic and Dangerous Wastes, Arbitrary Detention and Mercenaries
The Special Rapporteur on toxic and dangerous products and wastes on the enjoyment of human rights, Mr. Ibeanu affirmed that the movement of hazardous wastes and products across the globe, and particularly from developed to developing countries continued to flourish. Mr. Ibeanu also noted that he continued to receive information on alleged violations to the right to information regarding environmental matters and the impact on affected populations. He stressed that providing public access to information when requested was imperative for the prevention of human rights violations and the protection of the environment.
The chairperson-Rapporteur of the Working Group on Arbitrary Detention, Ms. Zerrougui stated that during 2007, the Working Group had held three annual sessions, answered to 169 urgent calls and adopted 40 opinions concerning 146 people. In 24 of the 40 cases, the Working Group had estimated that the deprivation of liberty was of arbitrary nature. In the majority of cases, concerned governments had provided the Group with all required information. Other examined situations included secret detentions, illegal transfers and the judgment of civilians by military courts.
In presenting his report, Mr. Gómez del Prado, the chairman of the Working Group on the Use of Mercenaries as a Means of Impeding the Right of Peoples to Self-Determination, said that there was an emergence of a flourishing private military and security industry, and that all geopolitical regions of the world were concerned by this phenomenon. He called on all governments to regulate private military companies and to bring Human Rights violators to justice.
As concerned countries, Ukraine, Tanzania, Norway, Equatorial Guinea, Angola, Peru, Fiji and Chile took the floor.
Ruxandra Mathia & Marco Minocri
Speach of the minister of justice:
REPÚBLICA DEMOCRÁTICA DE TIMOR-LESTE
7th SESSION OF THE HUMAN RIGHTS COUNCIL
GENEVA - SWITZERLAND
MARCH 2008
Address by
H. E. Ms. Lucia Maria Brandao F. Lobato
Minister of Justice
Mr. President,Excellencies,
Firstly, I wish to join my colleagues who spoke before me in extending
my warm congratulations to you, Mr. President on your leadership, over
this august body for the past nine months, which, not only had to deal
with the intensive work of institution building of this Council but
also is confronted with serious and complex challenges such as the
Palestine-Israel situation, Darfur, Sudan to mention a few.
Allow me to also extend my congratulations to the High Commissioner
for Human Rights, Justice Louise Arbor, who, with her team has
indefectibly supported and assist us in our quest for Human Rights
Justice.
I would like to convey to you the message of our President Jose Ramos
Horta whose health is improving every day. He asked me to thank you
heart fully for all the messages of concern and sympathy. Also our
recognition to the peace keeping forces who have assisted us in
providing security to our Timorese people in the most recent event. As
soon as he came out of his induced coma, his words were for a message
of Peace and a call for no revenge. Today, we should look toward the
future and to a government of National Unity where everyone has his
rights and place for his convictions. President Jose Ramos Horta
commitment and determination to the cause of Timorese is even stronger
today. Together, with the Prime Minister, the goal is to pull all energies
in the rebuilding of the country.
I cannot address this august body today without paying tribute to our
previous Secretary General of the United Nations, Mr. Kofi Annan for
his tireless efforts for the search for Peaceful settlement as witness
by his achievement in resolving the crises in Kenya.
Our fight for independence has passed through this august body. The
support of the Human Rights Commission who preceded this Council has
been determinant in the establishment of our State. I would also like
to recognize the invaluable contribution by the special reporters
, which contributed to the recognition of our cause.
We in Timor-Leste, we are proud to say today that we have ratified all Human Rights conventions. Furthermore, in order to ensure that it is
effectively implemented, I, as Minister of Justice, can confirm to you
that all, I repeat all our International commitments, once ratified by
our National parliament become part of our National Law.
I acknowledged that the test for our country will be the
implementation of those treaties to which we have become a party and
to ensure that every citizen has the opportunity to reach his or her
potential. Timor-Leste was one of the first signatory of the Geneva Declaration on armed violenceand Development which aims to develop measures to enhance securityfor all and thus, laying the ground for Development.
Our today priorities are multiple, but the number one priority is with
no contest our battle against poverty, illiteracy and exclusion.
My country is extremely challenged with the capacity building required
to stimulate the economy and to strengthen Government. These needs of
our people are pressing and immediate to ensure the long-term
prosperity of our country. Clean water, security, is one of the
fundamental rights as well as the expectation of our new generation
for a better future with prospect of jobs for everyone. To this, we
have to monopolize all our energies. The measures to combat poverty need to enhance education, enhance social development; strengthen law, order, and democracy; This represent the essential foundations upon which fundamental human rights and the inherent dignity of the individual can be built.
Our duty is to ensure a future for our new generation. We are
accountable toward these coming generations.
Many challenges lay ahead of us, many situation need to be addressed,
Violence is not the way to achieve it, it only represent an attempt to
undermine our collective right to freedom and democracy; an attempt to
reverse the democratic transformations taking place in our country. We
are committed to hold accountable the perpetrators and to bring them to
Justice. For a recent nation such as ours, governance is new, and the
challenge to build a new nation from the ashes of that which was razed
to the ground remains a daunting and difficult task.
We are developing diverse programme or activities to encourage further
growth on the building and strengthening national institutions to
promote and protect human rights and democracy under the rule of law; on the formulation of a national action plan for the promotion and
protection of human rights; on human rights education and training;
and on promoting a human rights culture.
To those ends, our successes include: the establishment of the Office
of the Provedor for Justice and Human Rights; the establishment of a National Commission for the Right of the Child to become effective mid 2008, My ministry is intensely involved in establishing a comprehensive and consistent legal framework to ensure the promotion and protection of the right of the Child. The National Human Rights Action Plan, which
involves widespread public engagement, identifies six priorities
areas: EDUCATION, HEALTH, JUSTICE, SECURITY, AGRICULTURE AND
INFRASTRUCTURE (such as clean drinking water, roads, electricity). On
January 17 of this year, I presented Timor-Leste’s initial report and Common Core Document to the Committee of the Convention here in Geneva and my Government will soon send the initial report of CEDAW. However, In the face of adversity, there are still many obstacles and
much to do.
Indicators for Timor-Leste show that the country continues to be
confronted with significant challenges in health, education,
infrastructure, with high levels of poverty, significant mortality
rates, malnourishment in infants and young children and poor rates of
literacy.
To give you some examples, 41% of Timor Leste's population remains
under the internationally recognized poverty line, with the incidence
particularly high in rural areas. Unemployment is high. It is also
estimated that 45% of children in Timor-Leste are underweight and
approximately 25% of primary education aged children are not enrolled
in school .
Psychological and physical violence against women and girls remains a
serious and deeply ingrained social problem in Timor-Leste that
requires immediate and coordinated attention. Combating domestic
violence and working to address entrenched discrimination against
women, particularly in respect of access to services, is and must
remain a priority for the Government.
Significant challenges to the institutions of law and order also
remain. We are working hard to guarantee the democratic rule of law in
a fair and effective manner that respects human rights, that serves
people, is incorrupt and provides security for Timorese and foreigners
alike.
We are working closely with the UN and international assistance in an
effort to establish a credible and impartial police service and
independent judiciary with capacity and understanding to uphold the
law and to promote the rule of law in a manner that is consistent with
international human rights standards.
In terms of the judiciary, serious limitations in recruiting and
training of qualified judges, prosecutors, and defense attorneys
coupled with a lack of effective and efficient case management within
the judicial system has resulted in delays in bringing matters to
trial. Overall then, the process of establishing an effective and
accountable system of justice has been slow despite the ongoing
commitment of the Government to strengthening the judiciary.
Excellencies
Facing the overwhelming challenge, our commitment to the cause of
Human Rights, deeply embedded in our spirit and our constitution, is
stronger than ever.
· As one of the world’s newest nations, independence marked the watershed of our future. A large part of Timor-Leste’s struggle was fought on the humanitarian front and Timor-Leste had been actively engaged in the human rights processes, especially vis a vis the Geneva based human rights mechanisms. It now falls upon us to reverberate our hard won freedom through respect for human dignity in all of our practices. As a new nation, we have integrated the promotion and protection of human rights into all areas of life and such belief is enshrined in our Constitution.
· The Human Rights Council is of particular interest to us due to our difficult history, struggle for self-determination and international solidarity that Timor-Leste has benefited from.
· Despite of the recent set back in the process of state building, the leadership and the people are even more commited to democracy and human rights. Timor-Leste remains a vibrant and free society.
· Timor-Leste believes it has gained sufficient experience and benefits to share with the International Community. The “success” of TL is consequent of good international partnership and cooperation;
For all these reasons and as many of you know, our intention is to present ourselves to the
Council of Human Rights and we appreciate all expression of your support.
Excellencies
Addressing the challenges facing our World, let me express some of our concern.
My government has established diplomatic relations with Palestine and
accorded the Palestinian envoy all the privileges and immunities
provided for in the Vienna Convention. The same, my government
established full diplomatic relations with the State of Israel.
My government regrets the loss of so many innocent lives, Israelis and
Palestinians in this seemingly endless spiral of violence,
retaliation, revenge, and hatred. We condemn the indiscriminate
killing of innocent civilians whether by Palestinian or by Israeli.
There are many on each side of the border striving for peace and
mutual respect, for the peaceful co-existence of the two states.
Israeli and Palestinian moderates deserve our admiration and support
as they face dangers and pressures from many quarters and yet they are
the only hope for durable peace.
Israel has the right to undertake measures to protect its citizens
against extremist elements; however, escalation has to stop. Violence
is not the road to Peace.
We regret that the so-called Road Map agreed to by all sides is not
being implemented.
The never-ending tragedy in Darfur is challenging our credibility as
promoters of Human rights. We have a collective duty to counter the
gross and systematic abuses of Human rights, war crimes and crime
against humanity.
Excellencies,
Let me again thank the very valuable support we have received from
member States and the ongoing technical assistance and support from
the Office of the High Commissioner for Human Rights.
Thank you
