COUNCIL HOLDS GENERAL DEBATE ON PROMOTION OF CIVIL, POLITICAL, ECONOMIC, SOCIAL AND CULTURAL RIGHTS, INCLUDING RIGHT TO DEVELOPMENT
The Human Rights Council this morning 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, hearing Deputy High Commissioner for Human Rights Kyung-wha Kang present a number of reports prepared by the Office of the High Commissioner for Human Rights and by the Secretary-General on, among other issues, access to medication in the context of pandemics such as HIV/AIDS, tuberculosis and malaria, extreme poverty and human rights, integrating gender into the human rights mechanisms of the United Nations, and human rights of persons with disabilities.
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 in this context and the Independent Expert on minority issues.
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. The report included information on the exploration of new and innovative financing mechanisms to foster improvements as well as on the impact of intellectual property rights on the access to medication. Turning to the issue of extreme poverty and human rights, there was a growing recognition in the international community that extreme poverty was an affront to human dignity. The report on this issue provided suggestions for the Council’s consideration on how to move forward in this area. On integrating gender into the human rights mechanisms of the United Nations, the Deputy High Commissioner said that the Council had before it the report of the Secretary-General transmitting the joint work plan of the Division for the Advancement of Women and the Office of the High Commissioner for Human Rights. A full report on this topic would be presented to the ninth session of the Human Rights Council in December 2008. On the report on the human rights of persons with disabilities, the Deputy High Commissioner provided an update of activities of the Office of the High Commissioner for Human Rights supporting the Convention on the Rights of Persons with Disabilities and its Optional Protocol.
Speaking 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 Slovenia on behalf of the European Union, Japan, Pakistan, the Netherlands, Malaysia, Brazil, Senegal, France and the Russian Federation.
Topics raised in the general debate included the relationship between poverty and discrimination, the continuation of gender based violence, the important role of human rights defenders, the right to freedom of expression and opinion, discrimination against leprosy-affected persons and their families, the right to self determination, violence against children and child labour, defamation of religions, and the right to food.
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, in concluding remarks, said
that, on Spain, even though there was a time lag between the visits and the report, he had taken into account the latest change in the country. The issue of affordability, which had also been recognised by the Spanish ombudsman today, was still an important issue. It was urgent to tackle it and to build more social housing. On South Africa, it was very important to recognise that there was a need to have legal aid for the people affected in order for them to have access to the legal system. On Canada, the concern he had had was that three housing provisions would come to an end this year and thus the annual housing funding would decrease. The situation risked worsening but all new developments would be taken in account in the final report.
Gay McDougall, United Nations Independent Expert on minority issues, in concluding remarks, said
that on the situation in France, there was somewhat of an obstacle in terms of policy initiatives which risked preventing serious consideration of affirmative action programmes. She noted that the acknowledgement of ethnicity and religion did not in itself mean an acknowledgement of collective rights but rather a tackling of the reality of a very diverse population in France. As to collaboration with regional mechanisms, the Independent Expert noted that she had fruitful consultations with the Council of Europe, the African Union and the Organization for Security and Cooperation in Europe and welcomed the opportunity to meet with other regional bodies, particularly those in Asia.
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. Discriminatory immigration laws were also becoming more and more frequent. Speakers said they shared the view of the Independent Expet that stripping minorities of citizenship through a deliberate and systematic way could accentuate their vulnerabilities and result in the denial of their basic human rights. 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.
Addressing the right to adequate housing, speakers listed national efforts to ensure adequate housing for all their citizens. They spoke of how Constitutions stipulated the right of all persons to adequate housing and listed land ownership reforms. Speakers said that as the Special Rapporteur had always noted, access to water was a prerequisite to the realization of a range of human rights, including the right to adequate housing. There was an urgent need for dramatically increased investments to promote the right to decent housing, for all populations, including the urban poor.
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 United Nations Population Fund also took the floor.
The following non-governmental organizations also spoke: Ombudsman of Spain, Asian Forum for Human Rights and Development, Minority Rights Group International, speaking on behalf of several NGOs1, Human Rights Advocates, Centre on Housing Rights and Evictions, International Movement against all Forms of Discrimination and Racism, in a joint statement with Asian Legal Resource Centre, World Muslim Congress, Jubilee Campaign, Interfaith International, Baha'i International Community and International Organization of Indigenous Resource Development.
The Special Rapporteur and the Independent Expert presented their reports in the afternoon meeting on 12 March. For further details, please see press release HRC/08/23.
The Council today is holding three back-to-back meetings from 9 a.m. to 6 p.m. When the Council starts its midday meeting at noon, it will conclude the general debate on reports on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, before it starts interactive debates with the Special Rapporteurs on the situation of human rights in the Democratic People’s Republic of Korea and in Myanmar.
Interactive Dialogue on Reports on Right to Adequate Housing and Minority Issues
MURILO VIEIRA KOMNISKI (Brazil) noted, in connection with the recommendations in the report of the Special Rapporteur on adequate housing, that Brazil had created a Ministry of Cities to oversee housing and urban planning policies which upheld the principle of the rights of ethnic minorities. There was a total 650 Indian lands out of a total of 1.07 million square kilometers. Of this 422 lands, or 97.2 million hectares, were duly demarcated with recognizing that they were possessed by the indigenous population. Brazil was fully committed to combat all forms of discrimination. Referring to the report of the United Nations Independent Expert, Brazil created in 2003 a special secretariat for promoting racial equalities and a national policy to promote racial equality. In 2006 the first national conference was held in Brazil on disabled persons.
ROMAN KASHAEV (Russian Federation) said 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. Discriminatory immigration laws were also becoming more and more frequent. In addition, massive statelessness was becoming more acute and the Government welcomed the efforts of the Independent Expert in this field. It also supported the proposal of the Independent Expert to prepare appropriate studies with regards to the problem of statelessness. Finally, the Russian Federation hoped that this issue was one that would be considered and supported by other Member States.
TONIS NIRK (Estonia) said that, on minority issues, Estonia could not be considered a newly independent State, as was mentioned in the Independent Expert’s report. The Republic had been established in 1918 and its independence had been restored in 1991. Regarding the situation of stateless persons, all persons with undetermined citizenship had the right to acquire the Estonian citizenship. Citizenship could not be forced on anyone. Citizens and permanent residents had equal access to all social benefits and services. Also, all persons with undetermined citizenship were permanent residents and were enjoying more rights than foreseen in the Convention relating to the Status of Stateless Persons, as had been confirmed by the United Nations High Commissioner for Refugees.
MARGHOOB SALEEM BUTT (Pakistan), speaking on behalf of the Organization of the Islamic Conference (OIC), noted that the Independent Expert on minorities had focused on the complex issue of discriminatory denial or deprivation of citizenship as a tool of exclusion of various minorities. The OIC shared the view that stripping minorities of citizenship through a deliberate and systematic way could accentuate their vulnerabilities and result in the denial of their basic human rights. The OIC 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. The OIC supported the recommendation of the Independent Expert that States must not deny or deprive minorities of citizenship on the basis of colour, descent, language, race or religion. The OIC asked the Independent Expert for her views on recent practices in some States which tended to justify restrictions and limitations on the policies of immigration and citizenship in order to exclude minorities belonging to certain religions.
ABDEL DAYM ZUMRAWI (Sudan) reiterated Sudan’s efforts and commitment to provide adequate housing for all its citizens. Regions that were directly affected by the construction of hydro-dams had been taken into consideration and in some cases were adapted to accommodate schools, hospitals, and other development sites. Lists of entitlements were also being established in many rural parts of Sudan. In addition, an appeal body was also established in the Ministry of Justice to deal with any complaints. Concerning dams, preliminary feasibility studies had been held and despite the sometimes adverse affects on nearby communities, the interest of the general public at large should not be sacrificed because of these elements.
ISTUAN LAKATOS (Hungary) expressed Hungary’s support for the continuation of the mandate of the Independent Expert on minority issues in its current form. The country visits she had undertaken so far were seen to be an excellent tool for raising awareness. Was there any practical cooperation between the Independent Expert and other mandate holders? Did the Inter-Agency Group on Minorities have a role to play on the issue of hate crimes against minority groups?
EVA SCHOFER (Austria) said Austria appreciated the efforts of the Independent Expert on minority issues to further integrate minority issues into the work of the relevant United Nations mechanisms and bodies and commended the positive developments in this regard, especially within the United Nations Development Programme. Austria also commended the very effective and useful work of the Inter-Agency Group on Minorities, in particular the production of the pamphlet to assist agency field representatives in their handling of minorities issues and asked the Independent Expert whether there had already been some experiences on the use of this pamphlet in the field which could be shared with the Council. The Independent Expert was also asked whether she could elaborate on some of the best practices in the areas she had been working on over the last two years in more detail.
INES KWAN (Canada) said that Canada shared the Independent Expert’s concern that persons belonging to minorities were disproportionately affected by the discriminatory denial or deprivation of citizenship, leading to increased vulnerability and deprivation of basic rights and freedoms. Regrettably, the number of affected minorities continued to grow worldwide. The Government welcomed the recent court decisions in Egypt allowing Bahais to leave the religious affiliation field blank on identity cards necessary to prove citizenship and looked forward to the rulings’ implementation. Canada also welcomed the efforts of Nepal and Sri Lanka and other countries which had undertaken campaigns and dispatched mobile units to register their citizens.
NAHIDA SOBHAN (Bangladesh), on the reference to Bangladesh in the report of the Independent Expert on minority issues, said the issue of Biharis was a historical one with its root in the 1947 partition of the Indian subcontinent. After independence, these people had been given the option either to accept the new state of Bangladesh or go to Pakistan, their expected destination. Most of them had expressed their wish to move to Pakistan. The last repartition had been held in 1993. The issue was an unresolved one, on which both countries were engaged in dialogue. The assumption of the Special Rapporteur that their citizenship had been denied for disloyalty or political support to Pakistan was not true. Citizenship could not be imposed on somebody against will. Bangladesh was not responsible for the situation and was doing everything possible within its limited resource capacity to help these persons and was actively considering granting citizenship to those who had been born after independence. Bangladesh expressed extreme unhappiness about the misrepresentation of facts. It was hoped that in the future the Special Rapporteur would have the courtesy to check facts with the concerned country.
ELIA DEL CARMEN SOSA NISHIZAKI (Mexico) noted the important contribution made by the Special Rapporteur on adequate housing and thanked him for the cooperative way in which he had carried out his mandate through seven years of intensive work. The Special Rapporteur was also thanked for his visit to a hydro-electric project in Mexico in September 2007, within the framework of a seminar held under the auspices of civil society. The Government of Mexico had organized the various meetings that the Special Rapporteur had had with various officials. Mexico also wished to highlight the contributions that the Independent Expert on minority issues made on the rights of women and repeated its support that her findings could be re-disseminated in a user-friendly publication.
FRANK VALDERRAMA GARCIA (Venezuela) said that Venezuela approved of the work of the Special Rapporteur on the right to adequate housing. The Constitution of Venezuela stipulated that all persons had the right to a comfortable, safe and hygienic dwelling. The right to land was immutable and priority should be given to agrarian reform as an important step in assuring equality. In this context, the Government did not view land as belonging to just a few and supported land redistribution efforts. Large landholding systems were clearly contradictory to the objectives of sustainable rural development. Laws on the redistribution of land in Venezuela had allowed peasants to gain access to land that was otherwise unproductive.
DUSKO UZUNOVSKI (Former Yugoslav Republic of Macedonia), said that, on minority issues, the Independent Expert had had a guiding role in this matter and her mandate was fully supported. The improvement of the status and rights of minorities in the Republic of Macedonia was noted. Several amendments had been passed in order to protect minorities. Regarding the law on citizenship mentioned in the Independent Expert’s report, the delegation wanted to inform her that with the passed amendments, the situation had improved. The report was based on outdated data.
SHIRANI GUMATILLAKE (Sri Lanka) said, while the consultative process used by the Independent Expert on minority issues to arrive at her conclusions with regard to Sri Lanka, as noted in her report in paragraph 61, was not known, it was necessary to state that it was inaccurate to infer that the conferral of citizenship occurred only through 2003. Furthermore, it was essential to state the historical context through which this issue arose and to outline the different stages through which the entitlement to fundamental rights as well as the granting of citizenship took place through processes which began long before 2003. It was noted that citizenship was accordingly granted while repatriation to India continued in 1984. The 1978 Constitution of Sri Lanka also entitled stateless persons who had not received the citizenship of any country and who had been permanently and legally resident in Sri Lanka, to fundamental rights enshrined in the Constitution for a period of ten years. Tamils of Indian origin were now represented in Parliament and participated as full citizens in the public life of Sri Lanka.
DANIEL ZEGARRA BLOCH (Peru) said that adequate housing was a central component to an adequate standard of living. The Special Rapporteur, Miloon Kothari, had visited Peru in 2003 and had made a number of recommendations on the conditions of housing in that country. Since that visit, many improvements had been made and while Mr. Kothari would soon be leaving his post, the Government would extend a follow-up invitation to his successor to come and view the progress made by Peru with respect to adequate housing. Finally, Peru expressed its sincere gratitude to the Special Rapporteur for his commitment to the mandate and wished him much luck in his future endeavours.
TUGBA SARAYONLU ETENSEL (Turkey) expressed Turkey’s appreciation for the work of the Special Rapporteur on adequate housing. It focused on the main obstacles, while highlighting the situation of specific groups. The Special Rapporteur‘s recommendation to further collaborate with United Nations-Habitat was noted and supported. The United Nations Housing Rights Programme had been launched in 2002 under the initiative of United Nations Habitat and the Office of the High Commissioner for Human Rights. The Special Rapporteur had pointed on several occasions that the collaboration with United Nations Habitat was not taking place on the desired level. Why was this the case and how could his successor strengthen this relationship?
SIRI TELLIER, of the United Nations Population Fund (UNFPA), said UNFPA shared with the Special Rapporteur on adequate housing the opinion expressed in his latest report which strongly advocated a combination of a humanitarian and human rights approach to address the situation of millions of people living in grossly inadequate housing conditions and those facing homelessness and landlessness. UNFPA worked in supporting data collection and evidence-based policy development to show the links between urbanization and its effects on populations, as one example of how access to appropriate housing was a critical step in ensuring that human rights were delivered. As stated by the Special Rapporteur throughout his mandate, access to water was a prerequisite to the realization of a range of human rights, including the right to adequate housing. There was an urgent need for dramatically increased investments to promote the right to decent housing, for all populations, including those in the urban poor.
DOMA TSHERING (Bhutan) said that Bhutan had always been and continued to be a responsible member of the international community, committed to the well being of all its people and promoting the rule of law. The policies of Bhutan were grounded in domestic legislation, in conformity with their international obligations, which the Government took very seriously. Nevertheless, Bhutan was disappointed with the selective and simplistic reproduction in the report of the Independent Expert on assertions that emerged during the so-called Expert Consultations of December 2007, of which the Royal Government was neither aware of nor invited to participate in. References to Bhutan contained in paragraph 58 of that report were regrettably rife with factual inaccuracies and fell far short of the minimum standard of objectivity expected of United Nations reports.
BAHRAT RAJ PAUDYAL (Nepal) said that Nepal concurred with the Independent Expert that systematic denial or stripping of citizenship could be an effective method of compounding their vulnerability that could even lead to mass expulsion. It was regretted that even in the twenty-first century, the scars of hatred and blatant discrimination on the basis of ethnicity, language, religion, race and colour were prevalent in many corners of the world. Such discrimination was a criminal offence and liable to punishment in Nepal. The reference to “discriminatory sentiment” by the Independent Expert seemed largely due to an inadequate understanding of Nepalese society. It was understood that the Independent Expert came from a totally different region, and she perhaps needed time to comprehend an alien society. On adequate housing, what criteria did the Special Rapporteur apply to screening the merit or truthfulness of any communication before sending it to the States concerned?
JEANNETTE MWANGI (Kenya), referring to the report of the Independent Expert on minorities, noted that the Independent Expert highlighted the situation of Nubians in Kenya as a group being excluded in Kenyan society. Nubians had lived in Kenya for centuries and their rights were upheld through Kenyan law and afforded full citizenship. In order to address their needs, an inter-ministerial committee had been set up to addressing, among other things, their nationality. This committee had begun its work through a visit all over the country, including where the Nubian communities resided. Nubians held Kenyan passports and, in some cases held public offices. It was erroneous to state that Nubians did not posses lands in Kenya; it was also misleading for the expert to suggest that Nubians were discriminated against on the grounds of being denied identity documents.
ASADOLLAH ESHRAGH JAHROMI (Iran) expressed its alarm about the report of the Independent Expert on minority issues on her mission to France. The conclusions of her visit required serious attention and the Government requested more information from the Independent Expert on concrete measures that needed to be taken to overcome such discriminatory difficulties against minorities in that society. With regards to the visit by the Special Rapporteur on the right to adequate housing to Canada and his reference to the “grave housing conditions faced by numerous indigenous people in both rural and urban areas in that country”, what were the Special Rapporteur’s views on the ways and means for the improvement of conditions in those areas?
JANIS MAZEIKS (Latvia) said that as a country that historically attached great importance to the issues of national minorities, Latvia followed with much attention the work of the Independent Expert. The work done in the area of poverty alleviation and realisation of Millennium Development Goals was highly valued. The Independent Expert’s view, that it was necessary to be constantly mindful of early warning of mass atrocities and genocide, was shared. The close collaboration with United Nations Treaty Bodies was appreciated.
KATHARINA ROSE, of Ombudsman of Spain, with regard to the report of the Special Rapporteur on adequate housing, noted that there was currently a housing boom in Spain which presented many obstacles including difficulties in receiving adequate housing and in making mortgage payments . It was essential to deal with the public housing issues in Spain by infusing human rights in these issues. Legislative reform must be pursued to ensure that Spanish citizens were afforded this right. Many of the conclusions in the report must be tackled by the autonomous communities. The Ombudsman was the institution in Spain which upheld rights in accordance with the Paris Principles.
GIYOUM KIM, of Asian Forum for Human Rights and Development, said that the report of the Independent Expert on minority issues did not mention the phenomenon of undocumented minors, which was becoming a serious problem in Malaysia, Indonesia and the Philippines. These children were a vulnerable group and could eventually become stateless persons. It was disappointing that a number of Asian countries continued to neglect minority rights within their borders. The Asian Forum also urged members to ensure that the Association of South East Asian Nations (ASEAN) address the issue of ethnic minorities and asked the Independent Expert how she intended to engage with regional bodies like ASEAN.
KATHRYN RAMSAY, of Minority Rights Group International, speaking on behalf of several NGOs1, said that the discriminatory denial or deprivation of citizenship was a serious problem. The contribution of the Independent Expert on minority issues was welcomed as well as her balanced report. The wide engagement of States was also welcomed. The resolution of the Council to establish a new Forum on Minority Issues was welcomed. How did the Independent Expert see the development of her mandate in the coming year?
MINA LITVAK, of Human Rights Advocates, while welcoming the report of the Independent Expert on minority issues, added that national, ethnic, and racial minorities in the United States also faced great discrimination, including persistent racial disparities in the criminal justice system. The Committee on the Elimination of Racial Discrimination found that young offenders belonging to racial, ethnic, and national minorities constituted a disproportionate number of the 2,381 child offenders sentenced to life imprisonment without parole. With regard to juvenile death penalty, Saudi Arabia executed its first child offender since 1992 last year, and Human Rights Watch had reported that Iran executed 17 child offenders since the beginning of 2004. Human Rights Advocates asked the Independent Expert on minority issues for her views on the criminalization of minority youth and for her suggestions to end racial disparity in juvenile sentencing.
DEANNA FOWLER, of Centre on Housing Rights and Evictions, welcomed the South African Constitutional Court ruling of 19 February, which found that the Johannesburg Municipality’s attempts to eject people from their homes without meaningful engagement were illegal. However, despite such achievements, the housing rights situation in South Africa remained a very serious concern. For instance, throughout South Africa, 942,303 people were forcibly evicted from farms from the period of 1994 to 2004. Only one percent of the evictions involved any legal process. Finally, it also regretted that the recent events in Kenya had reportedly led to the displacement of up to 300,000 persons.
NIMALKA FERNANDO, of International Movement against all Forms of Discrimination and Racism, in a joint statement with Asian Legal Resource Centre, said that they appreciated the Independent Expert’s focus on the impact of the denial or deprivation of citizenship on the capacity of minority communities to enjoy their rights. The report mentioned the situation of the plantation Tamil community in Sri Lanka who continued to face problems in obtaining documentation affirming their status as full citizens. The Tamil community had been worst affected by the emergency laws and prevention of terrorism act; they had been subjected to arbitrary arrest and detention. The Muslim community of Sri Lanka also faced a series of challenges to their rights. Sri Lanka was called on to positively respond to the request of the Independent Expert to visit the country.
SARDAR USUAN ALI KHAN, of World Muslim Congress, said the report of the Independent Expert on minorities painted another picture of discrimination against minorities which had to be tackled. In the Indian State of Gujarat in 2002, crimes were committed which compared to those committed in Rwanda. This was another manifestation of genocide. The international community looked the other way when the master of these exercises, Minister Narendra Modi won election after election. The Council was asked if it had the courage to stand up to such grave crimes. In India, discrimination began with the Muslims, but did not stop there. The Independent Expert should seek an invitation from the State of India to see for herself the discrimination occurring in the country.
ELISABETH BATHA, of Jubilee Campaign, said that the Sabian Mandaean community of Iraq was a small ethnic religious minority that had been severely persecuted since the outbreak of war. Since 2003, this ancient and pacifist community had been the target of a sustained and violent campaign by insurgents and militia in their homeland of Iraq, reducing their population from approximately 60,000 to 6,000. Jubilee Campaign therefore requested that the Independent Expert identify vulnerable minority communities and seek prompt investigation of murders, rapes, kidnappings and forced conversions. Moreover, it requested that the Government of Iraq establish a mechanism to safeguard the cultural heritage of the Sabian Mandaean community and to also protect its historical artefacts and property.
KARMVIR SINGH, of Interfaith International, draw attention to the caste based violation of human rights in India. Undereducated, poor and discriminated against, the Dalits minorities were exploited and looked down as second class citizens. They were also prevented from climbing up the social and economic ladder. Dalits should be given preference in various Government work contracts. Better quality education was demanded. The Government should take every effort to stop human rights violations against the Dalits.
BANI DUGAL, of Baha’i International Community, noted that Baha’i in Egypt were being denied official identity, solely because the Egyptian Government demanded that citizens declared their religion but restricted the choice to Islam, Christianity or Judaism. Anyone who did not belong to one of these religions would have to commit perjury to obtain a national ID card and other vital records such as birth or death certificates. With no ID documents, Egyptian Baha’i were denied the simplest and most fundamental rights. The Egyptian Baha’i had sought legal remedy. The Independent Expert was asked for her views about the results of any of her discussions with the Egyptian Government in this context.
RONALD BARNES, of the International Organization of Indigenous Resource Development, said that the mandates of both the Special Rapporteur and the Independent Expert were both essential to the “Making Poverty History” campaign. The organization commended the recent achievements by the Committee on the Elimination of All Forms of Racism on 7 March 2008. The work on adequate housing for indigenous people was important and it appreciated the assessment of conditions in Canada regarding the situation of indigenous people, particularly women. Finally, the International Organization of Indigenous Resource Development wished to remind countries of their stated commitment to providing the rights to food and housing, which had been established by the General Assembly in its Declaration on Indigenous Peoples.
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, in concluding remarks, said that, on Spain, even though there was a time lag between the visits and the report, he had taken into account the latest change in the country. The issue of affordability, which had also been recognised by the Spanish ombudsman today, was still an important issue. It was urgent to tackle it and to build more social housing. On South Africa, it was very important to recognise that there was a need to have legal aid for the people affected in order for them to have access to the legal system. On Canada, the concern he had had was that three housing provisions would come to an end this year and thus the annual housing funding would decrease. The situation risked worsening but all new developments would be taken in account in the final report. On the European Union‘s questions about the collaboration with United Nations Habitat, the Special Rapporteur noted that the work of United Nations Habitat had not followed the Human Rights Council approach. However, United Nations Habitat had been very cooperative in the development of indicators. This was a very important and a necessary task. The compilation of best practices would also be important. On the future of the mandate, it was important to pursue the work on key issues, as the right to land, and what a “combined human rights and humanitarian approach” implied. The Special Rapporteur hoped that the collaborative spirit of work would continue.
GAY MCDOUGALL, Independent Expert on minority issues, in concluding remarks, affirmed that the expressed views of delegations during the dialogue would be duly taken into account. To the States mentioned in her report, she looked forward to a continued dialogue with those States. Turning to France, she said there was somewhat of an obstacle in terms of policy initiatives which risked preventing serious consideration of affirmative action programmes. It was noted that the acknowledgement of ethnicity and religion did not in itself mean an acknowledgement of collective rights but rather a tackling of the reality of a very diverse population in France.
As to collaboration with regional mechanisms, the Independent Expert noted that she had fruitful consultations with the Council of Europe, the African Union and the Organization for Security and Cooperation in Europe and welcomed the opportunity to meet with other regional bodies, particularly those in Asia. Also, with regard to her work with the treaty bodies, she said she looked forward to working with the Human Rights Committee, the Committee on the Rights of the Child and the Committee on the Elimination of All Forms of Discrimination Against Women. As to best practices, she pointed out that what had occurred over the last few year in many GRULAC countries where governments bodies had been set up to address the issues of minorities in order to advance their rights could easily be considered as a best practice model.
Reports on the Promotion of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, Including the Right to Development
The Council has before it the report of the Secretary-General on access to medication in the context of pandemics such as HIV/AIDS, tuberculosis and malaria (A/HRC/7/30), which says almost 2 billion people have inadequate or no access to life-saving medicines, 80 per cent of whom live in developing countries. In 2007, 33.2 million people were living with HIV out of which 2.5 million people were newly infected. Every day, 5,700 people die from AIDS, primarily due to inadequate access to HIV prevention and treatment services. Although preventable and curable, malaria causes more than 1 million deaths per year worldwide. Tuberculosis is also a neglected disease and a major cause of death worldwide, particularly among persons living in poverty. There were an estimated 8.8 million new cases in 2005, out of which 7.4 million were in Asia and sub-Saharan Africa. The report summarizes contributions received from States, intergovernmental and non-governmental organizations on steps they have taken to improve access to medication in the context of pandemics such as HIV/AIDS, tuberculosis and malaria. It highlights that the number of people receiving treatment for HIV, tuberculosis and malaria has increased over the years due to efforts by Governments, civil society, international donors, and multilateral agencies. However, the fact that a large number of people continue to live with, are affected by, and die from HIV/AIDS, tuberculosis and malaria means that renewed efforts are required to ensure better access to medicines especially among vulnerable groups. Access to medicines is a fundamental human right. The need to overcome legal and regulatory, trade and other barriers that block access to prevention, treatment, care and support is considered critically important to the enjoyment of this human right. The value of the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights and the Doha Declaration adopted in 2001 by the WTO’s Fourth Ministerial Conference were noted as essential to facilitating access. Nonetheless, the continued lack of affordable and appropriate drugs continues to impede access to medicines. Finally, the need to create incentives for research and development into new drugs, vaccines and diagnostic tools for HIV, tuberculosis and malaria was also recognized as essential to saving more lives.
The Council has before it the report of the United Nations High Commissioner for Human Rights on the draft guiding principles on extreme poverty and human rights: the rights of the poor (A/HRC/7/32), summarizing the views of, inter alia, States, United Nations agencies, intergovernmental organizations, special procedures, and national human rights institutions solicited by the secretariat on the draft guiding principles.
The Council has before it the report of the Secretary-General on progress on reports and studies relevant to cooperation with representatives of United Nations human rights bodies (A/HRC/7/45), containing a compilation and analysis of any information, from all appropriate sources, on alleged reprisals against private individuals or groups who have cooperated or sought to cooperate with United Nations human rights bodies or their representatives. Chapter I of the report refers to information gathered over the period under review and brought to the attention of the mechanisms of the Council and to the Office of the High Commissioner, as well as replies received from two Governments. This chapter lays out the methodological framework according to which action for the protection of victims of reprisals was taken by the United Nations human rights bodies. It also gives an account of situations in which persons have reportedly been intimidated or suffered reprisals for having cooperated with United Nations human rights bodies, for having availed themselves of international procedures, for having provided legal assistance for this purpose and/or as relatives of victims of human rights violations. However, in many instances it has not been possible to include information on such cases in this report due to specific security concerns or because the individuals exposed to reprisals have explicitly requested that their cases should not be raised publicly. Chapter II provides the reports conclusions, underlining that the gravity of reported acts of reprisal reinforces the need for all representatives of United Nations human rights bodies in cooperation with States to continue to take urgent steps to help prevent the occurrence of such acts.
The Council has before it the note by the Secretariat on the report of the Secretary-General on the rights of persons belonging to national or ethnic, religious and linguistic minorities (A/HRC/7/48), which says the Office of the High Commissioner for Human Rights will submit an updated report on the rights of persons belonging to national or ethnic, religious and linguistic minorities to the ninth session of the Human Rights Council in September 2008.
The Council has before it the report of the Secretary-General on the Joint workplan of the Division for the Advancement of Women and the Office of the United Nations High Commissioner for Human Rights (E/CN.6/2008/8-A/HRC/7/52), which provides a review of the implementation of the 2007 joint workplan of the Division for the Advancement of Women and the Office of the High Commissioner for Human Rights, and contains the joint workplan for 2008.
The Council has before it the note by the Secretary-General transmitting the report of the United Nations Development Fund for Women on the elimination of violence against women (E/CN.6/2008/9-A/HRC/7/53).
The Council has before it the note by the secretariat on the Secretary-General’s study on the question of violence against children (A/HRC/7/54), which provides information on events and activities undertaken in 2007 as follow-up to the final report of the Secretary-General on the study on violence against children presented to the sixty-first session of the General Assembly.
The Council has before it the report of the Secretary-General on the question of the realization in all countries of economic, social and cultural rights (A/HRC/7/58), which outlines the activities of the OHCHR, treaty bodies and special procedures in relation to economic, social and cultural rights. These activities include those of the Committee on Economic, Social and Cultural Rights, the Committee on the Rights of the Child, several special procedures and of the Open-ended Working Group on an optional protocol to the International Covenant on Economic, Social and Cultural Rights. The report also covers OHCHR activities on assistance and technical cooperation to States, United Nations agencies, civil society and other relevant stakeholders. In line with the Strategic Management Plan for the period 2006-2007 in which the Office’s priorities are articulated, the present report reflects a significant increase in the work on economic, social and cultural rights, highlighting some of the major areas of enhanced capacity and engagement.
The Council has before it the note by the Secretariat on the progress report of the Secretary-General on the protection of human rights in the context of human immunodeficiency
virus (HIV) and acquired immunodeficiency syndrome (AIDS) (A/HRC/7/59), which says the latest report on this issue was submitted to the fourth session of the Council in 2007 (A/HRC/4/110). The next report on the issue will be submitted in 2009.
The Council has before it the note by the Secretariat on the reports of the Secretary-General on the status of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; of the Convention on the Rights of the Child; of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; and of the International Covenants on Human Rights (A/HRC/7/60), which refers the Council to the website of the Office of the High Commissioner for Human Rights (www.ohchr.org) for regularly updated information on the status of those conventions.
The Council has before it the report of the United Nations High Commissioner for Human Rights on progress in the implementation of the recommendations contained in the study on the human rights of persons with disabilities (A/HRC/7/61), which sets out progress in implementation of those recommendations and lists activities and achievements of OHCHR over the year 2007 in the area. In its conclusions, the report notes that the current reporting year has seen a continuation of the strengthening of OHCHR’s work on human rights and disabilities. The opening for signature of the Convention on the Rights of Persons with Disabilities and its Optional Protocol has seen a move from a focus on support for standard-setting to promotion of ratification and implementation of standards. While the Convention and its Optional Protocol have not yet come into force, OHCHR has promoted a policy of strengthening technical assistance and promoting partnerships with United Nations agencies and departments so that the Office is prepared for the entry into force of both instruments. The formation of a joint secretariat for the Convention with the Department of Economic and Social Affairs of the Secretariat has provided an opportunity to maximize strengths across United Nations departments. And the holding of the first session of the Inter-Agency Support Group on the Convention has provided an opportunity to ensure the United Nations and the World Bank work jointly on implementation issues. Strengthening partnerships with civil society organizations has also been important in accordance with the principle of participation identified in the Convention.
The Council has before it the note by the Secretariat on the report of the Secretary-General on fundamental standards of humanity (A/HRC/7/62) [not currently available.]
The Council has before it the note by the Secretariat on the report of the United Nations High Commissioner for Human Rights on indigenous issues (A/HRC/7/65), which says the High Commissioner will submit an updated report on indigenous peoples’ issues to the ninth session of the Council.
The Council has before it the note of the Secretariat on the report of the High Commissioner for Human Rights on the protection of human rights and fundamental freedoms while countering terrorism (A/HRC/7/71), which says the next annual report on the current issue will be submitted to the Council at its eighth session, in June 2008.
The Council has before it the note by the Secretariat on the report of the Secretary-General on the question of the death penalty (A/HRC/7/72), which says OHCHR will submit the most up-to-date report on the question of the death penalty to the Council at its eighth session in June 2008.
The Council has before it the note by the Secretariat on the report of the High Commissioner for human rights in relation to conscientious objection to military service (A/HRC/7/73) [currently available in Russian and Chinese only.]
The Council has before it the report of the Secretary-General on advisory services and technical cooperation in the field of human rights (A/HRC/7/74), which looks at the work of the Board of Trustees of the Voluntary Fund for Technical Cooperation in the Field of Human Rights since the report submitted to the Council at its fourth session. It looks at the translation of human rights themes into technical cooperation programme and policy recommendations; technical cooperation and capacity-building activities implemented through human rights advisers and United Nations peace missions; recent developments regarding the United Nations reform process and the Universal Periodic Review; the financial situation of the Voluntary Fund; and OHCHR's Strategic Management Plan for 2008/2009.
The Council has before it the note by the Secretariat on the right to development (A/HRC/7/75), which notes that the Secretary-General and the High Commissioner will submit a consolidated report to the Human Rights Council at its eighth session in 2008.
The Council has before it the letter dated 5 March 2008 from the Ambassador and Permanent Representative of the United Kingdom of Great Britain and Northern Ireland addressed to the President of the Human Rights Council (A/HRC/7/G6), which asks for its comments to be placed on the record with regard to the intervention made by Mauritius at the High-level Segment on 5 March 2008, to the effect that the United Kingdom has no doubt about its sovereignty over the British Indian Ocean Territory and, as they have reiterated on many occasions, the United Kingdom has undertaken to cede the Territory to Mauritius when it is no longer required for defence purposes.
Presentation of Reports by Deputy High Commissioner for Human Rights
KYUNG-WHA KANG, United Nations Deputy High Commissioner for Human Rights, presented some of the reports and documents submitted to the seventh session of Human Rights Council. The Deputy High Commissioner 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. The report included information on the exploration of new and innovative financing mechanisms to foster improvements as well as on the impact of intellectual property rights on the access to medication. Turning to the issue of extreme poverty and human rights, there was a growing recognition in the international community that extreme poverty was an affront to human dignity. The report on this issue provided suggestions for the Council’s consideration on how to move forward in this area.
On integrating gender into the human rights mechanisms of the United Nations, the Deputy High Commissioner said that the Council had before it the report of the Secretary-General transmitting the joint work plan of the Division for the Advancement of Women and the Office of the High Commissioner for Human Rights. A full report on this topic would be presented to the ninth session of the Human Rights Council in December 2008.
On the report on the human rights of persons with disabilities, the Deputy High Commissioner provided an update of activities of the Office of the High Commissioner for Human Rights supporting the Convention on the Rights of Persons with Disabilities and its Optional Protocol. She also drew the attention of the Council to a number of reports submitted under items 5 and 9. Under item 5 could be found the report of the Secretary-General (A/Human Rights Council/7/50) on the operations of the United Nations Voluntary Fund for Victims of Torture. Also, the 28th session of the Board of Trustees of the Fund took place in February 2008 and the 29th session would take place in October 2008. The results of these two sessions would be reported to the Human Rights Council in 2009, unless otherwise decided by the Council. Finally, the progress report on the implementation of relevant recommendations of the Intergovernmental Working Group on the effective implementation of the Durban Declaration and Programme of Action contained recommendations addressed to the Office of the High Commissioner for Human Rights and was pending consideration and endorsement by the Council.
Interactive Dialogue on Reports on the Promotion of Civil, Political, Economic, Social and Cultural Rights, Including the Right to Development
ANDREJ LOGAR (Slovenia), speaking on behalf of the European Union, said that economic deprivation was a standard definition of poverty but it did not take into account various economic, social and cultural aspects of this phenomenon. Poverty and discrimination often went hand in hand. A case in point was the arbitrary confiscation of farmers’ land in Myanmar. Vulnerable groups, such as migrants and persons belonging to minorities were very often exposed to economic deprivation. The European Union attached utmost importance to the question of migrants; it was an important human rights area. Gender based violence impaired the enjoyment of rights by women but also created obstacles to the achievement of equality. The many disturbing instances of discrimination based on sexual orientation and gender identity was also noted with concern. Utmost importance was attached to the rights of children. Children continued to be affected by armed conflicts around the globe. The European Union believed that opposition and ethnic groups had to be given the right to participate fully in the political process in Myanmar. The European Union also reiterated the important role of human rights defenders. Zimbabwe was called on to respect freedom of expression and opinion. Different practices of torture existing in many States had to end. Mercenaries were often used as a means of violating human rights, and the European Union condemned this. The renewed conflict in Sudan was also of concern.
MAKIO MIYAGAWA (Japan) drawing attention to the issue of discrimination against leprosy-affected persons and their families, said there were many people in the world suffering from this disease and the prejudice and discrimination against these persons continued to exist. They suffered from forcible seclusion, inhumane treatment and discrimination due to such prejudice. Their families were also ostracized and forced to live separately from the family member who was a patient or a former patient of leprosy. The international community should recognize that this issue of discrimination against leprosy-affected persons was a serious violation of human rights and the stigma must be erased. It was noted that the Government of Japan had taken a variety of measures to eliminate discrimination against leprosy patients and those recovered. In order to further its endeavor to tackle this important issue, Japan intended to take the initiative in the coming session of the Human Rights Council.
MARGHOOB SALEEM BUTT (Pakistan), in a statement on the right to self-determination, said this right, enshrined in Article 1 of the United Nations Charter, was the bedrock on which the edifice of international relations among States was based. It was the most fundamental collective human rights of peoples and the basis of all individual human rights. In fact, it was the universal recognition of this right that led to independent existence of the majority of the present membership of the United Nations. Nevertheless, the free exercise of this right had been denied, so far, in several parts of the world, such as Jammu and Kashmir and Palestine. Since 2004, Pakistan had pursued with India a composite dialogue process to resolve all outstanding issues. Unfortunately, however, the human rights situation in Indian Occupied Kashmir continued to be serious. The Government therefore stated the need to seize the opportunity to continue the search for a negotiated settlement of the Jammu and Kashmir issue, of course, with the involvement of Kashmiris.
ROBERT-JAN SIEBEN (Netherlands) said that this week there had been discussions on the right to expression. All peoples had the right to express their opinion without prior consent of authorities. It implied respect for other people and it had to be defended. Terrorism had to be resisted. Everyone had to constantly weigh the consequences of what they said. This right was precious and the Netherlands would defend it uncompromisingly. Much information coming from Africa noted that the media was not free there, and this was alarming. Children deserved more attention from the Council. Violence against children was multidimensional and it called for a multifaceted response. Corporal punishment was still standard practice in a large number of countries. Child labour affected millions of children. Harmful traditional practices, such as female genital mutilation were still affecting girls.
TANTY EDAURA ABDULLAH (Malaysia) said, with regard to the report of the Special Rapporteur on human rights of migrant workers, Malaysia had long recognized the contribution of migrant workers with regard to economic developments in the country. On the issue of illegal migrants, Malaysia would endeavor to exercise continued cooperation with source countries for the purpose of addressing the various issues, particularly in safeguarding and protecting the welfare and rights of these migrants in the legislative framework and national policies. Malaysia also recognized the right to freedom of expression, which was guaranteed under the Malaysian Constitution. Malaysia was deeply concerned with the increasing acts of defamation of religions hiding behind the disguise of the freedom of opinion and expression. Malaysia strongly believed that the act of insulting and ridiculing any religion was harmful and unbecoming and should be stopped. Malaysia also took note of the report of the Special Rapporteur on violence against women and would like to emphasize the need for a collective effort in addressing this issue. Moreover, Malaysia welcomed the report of the Special Rapporteur on the sale of children, child prostitution and child pornography and was strongly against this and human trafficking. In addressing this problem, Malaysia had put in place various legal frameworks such as the Child Act and the Anti-Trafficking in Persons Act.
SERGIO ABREU E LIMA FLORENCIO (Brazil) commended the report on pandemics such as HIV/AIDS, tuberculosis and malaria. Brazil had implemented a number of concrete measures regarding the right to development and it believed that it should be given more attention and placed as high as other human rights. With regards to extreme poverty, the Working Group, as suggested by France, should look into finding innovative funds to eliminate poverty. In addition, Brazil had been currently developing new systems to improve its income distribution policies. Extreme poverty fell from 28 per cent of the total population to 16 per cent between 1990 and 2005. Also, poverty decreased from 52 per cent to 38 per cent and about ten million Brazilian citizens passed above the poverty line in the same time period. About 45 million people, in all municipalities of the entire country, had benefited from governmental programmes dedicated to the alleviation of poverty.
PIERRE DIOUF (Senegal) commended the Special Rapporteur on the right to food for all the efforts he had undertaken. An important element in his report was the food situation in the world. The Special Rapporteur had noted that the number of victims of hunger and malnutrition had been increasing in past years. He had also stressed that the world was producing enough food for everyone. By raising human rights as a fundamental pillar of the United Nations, the international community should avoid making socio-economic rights take primacy over human rights. On hunger refugees, the link between hunger and migration had to be addressed. Migration was not simply a problem of food; young people were abandoning their job to trys to find better conditions. It was hoped that the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights could soon be adopted.
CHRISTINE GUETIN (France) noted that the 60th anniversary celebration of the Universal Declaration of Human Rights provided an opportunity for States to fulfill their obligations in respect of human rights in an effort to protect all the victims of human rights violations which persisted. France was determined to support the Special Procedures in the continuation of their mandates and to preserve their capacity for action. The work of the Special Procedures on the issues of freedom of expression, torture, human rights defenders, and violence against women was noted, in particular, as being among the basic rights addressed in the Declaration. As to the question of enforced and involuntary disappearances, France was of the view that this was a cruel form of human rights violation, given the anxiety of families of those who had disappeared which could never be assuaged. All means must be made to resolves such cases. France also called on all States to ratify the Convention on Forced Disappearances to allow it to enter into force as soon as possible. Extreme poverty was a major concern expressed by a large number of States and members of civil society. It was noted that the ten co-sponsors of a draft resolution on this issue would further revised it and present it during the current session and that France and the other co-sponsors would be working towards a consensus text.
VLADIMIR ZHEGLOV (Russian Federation) said that the protection of human rights was one of the three pillars of the United Nations, together with security and development. The Russian Federation positively evaluated the institution building that had occurred thus far since the creation of the Council. However, progress had been tainted by a selective approach to human rights. Also, the exercise of politicization and double standards clearly hampered the Council’s work and divided the Council into pupils and teachers. He had heard allegations of torture in Russia and assured the Council that the Russian legislation punished acts of torture severely. Nevertheless, he appealed to his European colleagues to recognize what was happening on their own territories, including flying prisons and hidden acts of torture. While certain European countries had initially denied that such acts were taking place, it had since been proven as fact. Furthermore, the mistreatment of minority groups and police brutality in certain European countries should also be pointed out and addressed.
In order to achieve real change, Russia asserted that all stakeholders needed to accept a process of reform. The United Nations was established with a view to preventing the atrocities of the Second World War. Acts of vandalism were a blemish on history, including the defacing of monuments and graves of those who fought against fascism. Terrorism was also an important issue facing the contemporary world and Russia was convinced that there was no justification for terrorist actions or dividing good terrorists from bad. There was a clear geographical bias in the Office of the High Commissioner for Human Rights, and that needed to be urgently addressed. Moreover, the Russian Federation supported the work of High Commissioner on making poverty eradication an immediate priority.
1Joint statement on behalf of: Minority Rights Group International; International Movement against all Forms of Discrimination and Racism; Pax Romana; Lutheran World Federation and Islamic Human Rights Commission.
For use of the information media; not an official record
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