COUNCIL REVIEWS MANDATES OF EXPERTS ON VIOLENCE AGAINST WOMEN, DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA AND SALE OF CHILDREN
The Human Rights Council today conducted its review, rationalization and improvement of mandates process with regards to the mandates of the Special Rapporteurs on violence against women, its causes and consequences, the situation of human rights in the Democratic People’s Republic of Korea, and the sale of children, child prostitution and child pornography.
Canada, introducing the mandate of the Special Rapporteur on violence against women, its causes and consequences, said that Yakin Erturk had held the position of Special Rapporteur since 2003 and had focused her work on the effective implementation of international norms and standards in this regard. Since the establishment of the mandate in 1994, the Special Rapporteur had accomplished a tremendous breadth of work to address the elimination of violence against women in all its forms. This work had included 35 fact-finding country visits, engagement in dialogues with governments, the transmission of urgent appeals and communications, including jointly with other Special Procedures, and engagement with civil society through regional and national consultations. The mandate had made significant contributions to efforts aimed at combating violence against women. It had brought about key successes in combating all forms of violence against women worldwide.
Yakin Erturk, the Special Rapporteur on violence against women, its causes and consequences, said that great progress had been made in standard setting at international and national levels for the promotion and protection of women from violence. While women’s needs were being increasingly addressed, as illustrated by the provision of services, including hot-lines and shelters, the challenge remained to ensure respect for and effective implementation of existing laws and standards. Violence against women and girls continued unabated in the home, in the community, perpetrated and/or condoned by State agents in many countries. Violence also took place in the transnational arena, against women who were migrants, refugees or trafficked. There was a need to refine legal and societal responses to the emerging and complex issues concerning violence against women. Ms. Erturk said she was fully confident that this mandate would continue to play a significant role in supporting endeavours to combat violence against women.
Speaking in the general debate in the review, rationalization and improvement process on the mandate of the Special Rapporteur on violence against women were Slovenia on behalf of the European Union, Pakistan on behalf of the Organization of the Islamic Conference, the Netherlands, Malaysia, India, the Russian Federation, Egypt, Cuba, Norway, Saudi Arabia, Finland, Colombia, Argentina, Chile, Turkey, Morocco, Algeria, Tunisia, Sweden and Nepal.
The following non-governmental organizations also took the floor: World Muslim Congress, International Human Rights Association for American Minorities and International Save the Children Alliance, on behalf of severals NGOs1.
Slovenia, on behalf of the European Union, and Japan introduced the mandate of the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea. The European Union said it strongly supported the mandate of the Special Rapporteur and commended him for his constructive efforts in fulfilling his mandate since his appointment. The mandate had been established in 2004, and Vitit Muntarbhorn had subsequently been appointed as Special Rapporteur. The situation of human rights in the Democratic People’s Republic of Korea remained extremely serious and was not improving. Violations of human rights included the widespread and systematic practice of torture; inhuman conditions of detention; the absence of due process of law; the imposition of the death penalty for political and religious reasons; and the situation of refugees and asylum-seekers expelled or returned to the Democratic People’s Republic of Korea and the harsh punishment of those who left or tried to leave the country without permission. There were also systematic violations of economic, social and cultural rights in the country, which had led to severe malnutrition and widespread health problems for the population, persecution of political dissidents and substandard prison conditions, re-education and forced labour camps.
Japan said that since the Special Rapporteur had been appointed in 2004, he had been making sincere efforts for the improvement of the human rights situation in the Democratic People's Republic of Korea. It was regrettable that the Democratic People's Republic of Korea had been continuously refusing to let the Special Rapporteur enter the country. The Democratic People's Republic of Korea should permit the visit and cooperate fully with him. The renewal of the mandate was strongly supported.
Vitit Muntarbhorn, the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea, said the approach of the Special Rapporteur was to continue to invite the Democratic People’s Republic of Korea to respond to the mandate as a window of opportunity to engage with the United Nations. It was thus regrettable that to date, the authorities of the country had declined to cooperate with the Special Rapporteur and had not invited him to enter the country, despite several requests to do so. He coordinated with other mandates and acted in concert with them to voice the concerns of the affected targeted groups, and to send out communications jointly to seek justice on behalf of these groups, as appropriate.
The Democratic People’s Republic of Korea, speaking as a concerned country, said that they resolutely opposed and rejected the continuation of the mandate of the Special Rapporteur pursued by the Western countries, including the European Union. That completely ran counter to the founding ideals and working methods of the Human Rights Council. It had been that extreme politicization, selectivity and double standards that had obstructed the sincere efforts of the Democratic People’s Republic of Korea from cooperating with the Commission. The decision to continue the mandate of the Special Rapporteur under any circumstance would result in the complete impediment in cooperation between the Democratic People’s Republic of Korea and the Council. The responsibility for that should be borne by the Council.
Speaking in the general debate in the review, rationalization and improvement process of the mandate of the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea were Pakistan on behalf of the Organization of the Islamic Conference, the Republic of Korea, Cuba, Canada, China, Malaysia, Argentina, Zimbabwe, Viet Nam and Algeria.
Introducing the mandate of the Special Rapporteur on the sale of children, child prostitution and child pornography, Uruguay said that this mandate had been created in 1990 by the Human Rights Commission. Over the last six years, the Special Rapporteur had concentrated on visits to countries, thematic investigations and communications with governments. The thematic investigations had concentrated on different important topics, such as: child pornography on the Internet, traffic of organs and prevention of sexual exploitation. These thematic documents were proposing innovative systems for Governments to tackle these complex issues. The Special Rapporteur had conducted nine country visits. In most cases, these visits were about the strengthening of protection systems and complaints procedures. One difficulty had been that not all countries were positively responding.
Juan Miguel Petit, Special Rapporteur on the sale of children, child prostitution and child pornography, said that the General Assembly's adoption of the Convention on the Rights of the Child in 1989 had marked a historic landmark, opening a new era in which it was recognized that in all countries of the world there were children living in exceptionally difficult situations and that they needed special attention. In 1990, the Commission on Human Rights had established the mandate of the Special Rapporteur on the sale of children, child prostitution and child pornography. His work had been another contribution to building a global system for security and protection of children. After six years of work, he could say that the democratic system was the only one in which freedom allowed for the realization of the potential of everyone. Without pluralism, without diversity and tolerance, human rights could not flourish. It was only on the basis of heterogeneity that it was possible to formulate better laws and policies.
Speaking in the general debate on the review of the mandate of the Special Rapporteur on sale of children, child prostitution and child pornography were Slovenia on behalf of the European Union, Malaysia, Brazil on behalf of the Group of Latin American and Caribbean Countries, Switzerland, the Russian Federation, Argentina, Tanzania and Morocco. International Save the Children Alliance also made a statement.
The Council today is holding three back-to-back meetings from 9 a.m. to 3 p.m. When it starts its afternoon meeting at 3 p.m., it will continue its review, rationalization and improvement of mandates process with regards to the mandates of the Special Procedures on the promotion and protection of the right to freedom of opinion and expression, the effects of economic reform policies and foreign debt on the full enjoyment of human rights, and the situation of human rights defenders.
Introduction of Mandate of Special Rapporteur on Violence against Women
MARIUS GRINIUS (Canada), introducing the mandate of the Special Rapporteur on violence against women, its causes and consequences, said the continued support over the last 14 years for the mandate of the Special Rapporteur had been critical to its success. Yakin Erturk had held this position of Special Rapporteur since 2003 and had focused her work on the effective implementation of international norms and standards in this regard. Since the establishment of the mandate in 1994, the Special Rapporteur had accomplished a tremendous breadth of work to address the elimination of violence against women in all its forms. This work had included 35 fact-finding country visits, engagement in dialogues with governments, the transmission of urgent appeals and communications, including jointly with other Special Procedures, and engagement with civil society through regional and national consultations. Since its creation in 1994, this mandate had made significant contributions to efforts aimed at combating violence against women.
This mandate had brought about key successes in combating all forms of violence against women worldwide, Canada noted. The work of the Special Rapporteur was not complete, but rather, continued to evolve. There had been considerable advancement in the development of an international framework to eliminate all forms of violence against women since the establishment of this mandate by addressing discrimination, promoting women’s equality and empowerment, and ensuring the full enjoyment by women of human rights. Despite progress to establish an international framework of global norms and standards, violence against women persisted throughout the world and at an alarming degree. The continued prevalence of violence against women indicated that a greater commitment was required by both States and communities to the implementation of these international commitments. The mandate of the Special Rapporteur on violence against women was a valuable means by which the international community could further the work toward this end. For these reasons, Canada was proposing to renew this mandate for a period of three years in the present session of the Council through the presentation of a draft resolution on the elimination of violence against women.
Statement by the Special Rapporteur on Violence against Women
YAKIN ERTURK, Special Rapporteur on violence against women, its causes and consequences, said that the mandate of the Special Rapporteur was established by the Commission on Human Rights in 1994 after a decade of international activism, culminating in 1993 with the Vienna Human Rights Conference and the milestone adoption of the United Nations Declaration on the Elimination of Violence against Women that same year. Since then, great progress had been made in standard setting at international and national levels for the promotion and protection of women from violence. While women’s needs were increasingly addressed, as illustrated by the provision of services, including hot-lines and shelters, the challenge remained to ensure respect for and effective implementation of existing laws and standards. Violence against women and girls continued unabated in the home, in the community, perpetrated and/or condoned by State agents in many countries. Violence also took place in the transnational arena, against women who were migrants, refugees or trafficked.
Ms. Erturk pointed out many governmental and non governmental actors, including the United Nations Secretary-General, had acknowledged that the mandate of the Special Rapporteur on violence against women had significantly contributed to the common effort to address violence against women. One of the most obvious achievements was that the mandate had become an institutional mechanism for regular in-depth review and reporting on violence against women globally. The work done by the Special Rapporteur, and her predecessor, had given greater attention to sexual violence in conflict and times of peace, to harmful practices in traditional and modern settings, or to trafficking. Furthermore, the Special Rapporteur and her predecessor had underlined the importance in this regard of the State duty of due diligence to prevent, investigate and prosecute private and public acts of violence, and offered remedies and reparations to women victims.
In her report on indicators on violence against women, Ms. Erturk said she strove to offer an innovative framework applicable to a variety of contexts on the issue of assessing and measuring major forms of violence against women, as well as measures taken by States to prevent and address them. This particular mandate had also contributed to greater clarity on the root causes and consequences of violence, which the Commission on Human Rights had the foresight to establish as part of that mandate. In addition, the report on the intersections of violence against women and HIV/AIDS demonstrated how women’s susceptibility to HIV was exacerbated by unequal power between men and women and the use of violence to sustain that imbalance. In conclusion, she asserted the need to refine legal and societal responses to the emerging and complex issues concerning violence against women. She was also fully confident that this mandate would continue to play a significant role in supporting endeavours to combat violence against women.
Statements on Review, Rationalization and Improvement of Mandate of Special Rapporteur on Violence against Women
EVA TOMIC (Slovenia), speaking on behalf of the European Union, thanked the Special Rapporteur on violence against women, Yakin Erturk, for achieving important results that had contributed to the establishment of mechanisms around the world to protect women and girls against all forms of violence. During this session the Council had had an interesting dialogue on her very promising proposals on the development of indicators and on measures taken by States to address violence against women. It was essential that those were implemented. The Special Rapporteur had a key role to play. The European Union welcomed the Secretary-General's 2008 campaign to combat violence against women till 2015. The ambition to move towards a culture of human rights was a high one, but they had to achieve it. The mandate had brought that culture a step closer, by making violence against women visible. The dialogue with countries was of the utmost importance to increase awareness and help Governments take practical steps to put a halt to violence against women in all its forms, including early and forced marriage and female genital mutilation. The mandate had been in place since 1994, but the problem that it addressed had an enormous magnitude and much remained to be done. Challenges included further developing indicators and further integrating the mandate in the work of other Special Procedures and treaty bodies.
IMRAN AHMED SIDDIQUI (Pakistan), speaking on behalf of the Organization of the Islamic Conference (OIC), said the OIC supported the usefulness of this mandate which was complimentary to the Convention on the Elimination of All Forms of Discrimination against Women. However, a more comprehensive approach had to be adopted on the implementation of this mandate. While implementing her mandate, the Special Rapporteur should also focus on instances and implication of violence against women as a result and consequence of armed conflicts, including situations of foreign occupation. There was also a need to analyze the social environment conducive to violence against women, particularly the effect of poverty and marginalization on violence against women. Another important area to look at was the sex industry and instances of commercial sexual exploitation of women. The Special Rapporteur must promote the role of the family as an actor in providing protection to women from different forms of violence.
ROBERT-JAN SIEBEN (Netherlands) said that the Netherlands was opposed to all forms of violence against women. One third of all women were victims of violence worldwide and for this reason the Council needed to address this issue. The mandate on violence against women helped shape the debate on this topic. Furthermore, the Netherlands affirmed that many States would benefit from her visit, as the Netherlands itself had. Finally, the Netherlands fully supported Ms. Erturk and more generally, the mandate on violence against women.
MOHAMED RUSHDAN (Malaysia) reiterated Malaysia’s appreciation and continued support to the efforts by the Special Rapporteur undertaken in observance of the mandate and within the framework of relevant international human rights instruments. Malaysia was a co-sponsor of the resolution on the renewal of the Special Rapporteur's mandate.
Malaysia noted that one of the pertinent elements in its efforts to end violence against women would be the level of response and capability of all Member States to the recommendations made by the Special Rapporteur. In that connection Malaysia was hopeful that the Special Rapporteur would continue to offer recommendations and conclusions that were practicable and which could be implemented by all Member States, taking into consideration the realities on the ground.
RAJIV KUMAR CHANDER (India) said the universally recognized need to end all forms of violence against women had not yet been translated into reality. The need to do so was far greater today than ever before. India strongly supported the continuation of this mandate.
MARINA VIKTOROVA (Russian Federation) said that the mandate on violence against women was extremely important and provided a great potential for States to eradicate gender violence. However, the mandate should be continued in a non-confrontational manner and emphasis should be placed on helping Governments address this particular issue. Consideration of the traditional family unit should also be taken into account in this mandate. Additionally, the indicators provided in Ms. Erturk’s report should be fully considered by all of the relevant United Nations bodies.
OMAR SHALABY (Egypt) said that Egypt aligned itself with the statement made by Pakistan on behalf of the Organization of the Islamic Conference. Egypt attached the greatest importance to the elimination of violence against women. Egypt had taken important steps to address violence against women, and fully supported the mandate of the Special Rapporteur.
Egypt wished to flag how that mandate had developed over the years, and to draw attention to how that mandate had been skewed, giving attention to domestic violence in only a partial manner. The issue of domestic violence was of utmost importance. The mandate also had to widen that scope to look at the social context, social patterns of behaviour, such as excessive alcoholism, that were the main factors for domestic violence. They also had to look more closely at the international framework. The Convention on the Elimination of All Forms of Violence against Women was the most relevant, but women were also falling victims as a result of trafficking and as a result of prostitution and the sex trade at large. The effect of poverty and marginalization also had to be looked at, as well as the effect of armed conflict on women, and Egypt hoped those elements would be introduced into the terms of reference of the mandate.
YURY GALA (Cuba) noted that in the interactive debate a few days ago, Cuba had the opportunity to make substantive comments on the work being done by the Special Rapporteur. Cuba, thus, wished to reiterate its support for the work of this mandate and hoped there would be further refinement of the mandate of this important thematic issue, reflecting the various views expressed.
LARS SIGURD VALVATNE (Norway) said the Special Rapporteur had contributed significantly to a broader understanding of governments that violence against women was a human right violation and that violence against women, particularly in the family, was not a private matter. The work of the Special Rapporteur had given hope to the many women that were victims of violence. Norway welcomed the substantial number of country visits conducted by the Special Rapporteur, and viewed this as a key part of the mandate. The high number of country visits was an indication of the importance and the success of the advocacy role of the mandate. Norway supported the continuation of this important Special Procedure and believed it was fundamental to maintain a strong focus on States’ human rights obligations on the efforts to end violence against women.
ABDULLAH AL-ALSHEIKH (Saudi Arabia) thanked Ms. Erturk for her efforts in combating all forms of violence against women and expressed the need to eradicate these acts. The Government of Saudi Arabia also hoped that this mandate would cover matters such as the role of poverty and social conditions in different societies. Saudi Arabia had already expressed its support for the continuation of this mandate and the review of these issues and wished to reiterate its full support.
JANNE JOKINEN (Finland) said violence against women was a universal phenomenon affecting women in every part of the world. Violence against women was not only a women’s issue but a human rights issue. Violence against women disabled all of society. Finland thanked the Special Rapporteur for the effective way she had fulfilled her mandate. There was need for firsthand data to understand women’s needs and the context in which the violence occurred. The work of the Special Rapporteur had also been important in addressing that violence against women challenges had to be overcome. As stated by the United Nations Secretary-General it was crucial to engage men in the fight to end violence against women. Only through a holistic approach could violence against women be terminated.
ALMA VIVIANA PEREZ GOMEZ (Colombia) thanked the Special Rapporteur on violence against women for the work undertaken during her mandate. Colombia firmly supported the continuation of that mandate. In particular, Colombia welcomed her report on the development of indicators and the responsibilities of States. Colombia condemned and combated all forms of violence against women. In order to move forward on that issue, the Congress of the Republic was looking at a draft bill on that subject, elaborated by women.
SEBASTIAN ROSALES (Argentina) said that Argentina had been actively committed to consolidating human rights reforms. Argentina was grateful for the work of the Special Rapporteur and extended its full and explicit support for the mandate. The Government had ratified the Declaration on the Elimination of All Forms of Discrimination against Women and implemented national legislation that addressed the issues of violence against women.
EDUARDO CHIHUALIAF (Chile) valued the work done by the Special Rapporteur on violence against women under her mandate. The mandate had been of great use to the international community as a whole in its efforts to combat this phenomenon. Among the priorities of the State of Chile was to ensure gender equality, and in doing so it was necessary to eliminate violence against women, which persisted in the country. Chile decisively supported the continuation of the mandate of the Special Rapporteur.
AHMET UZUMCU (Turkey) said Turkey had always been supportive of the mandate of the Special Rapporteur and had traditionally signed on as a co-sponsor of the resolution regarding violence against women. Turkey was pleased to join the co-leads of the initiative submitted by Canada for the renewal of the mandate. Violence against women was worldwide but it was still a hidden problem. No country or region was immune from such violence and its impacts. There would always be a need for such an important mandate; therefore, its renewal was crucial during this session.
The key achievement of the mandate since its inception in 1994 had been, first and foremost, the visibility and recognition of the wide range of violence against women. The mandate had been instrumental in building on the existing normative framework, providing guidance on its implementation through country visits and communication procedures, identifying new areas of concern, as well as thematic issues that were of significance to the mandate such as "due diligence" on the part of States to eliminate violence against women. The project on the development of indicators to measure violence against women proposed by the Special Rapporteur in her thematic report this year deserved the attention of the Council.
OMAR KADIRI (Morocco) said that, during the interactive debate, Morocco had already informed the Council of the great importance it attached to the rights of women and the elimination of violence against them. Morocco fully supported the continuation of the mandate of the Special Rapporteur on violence against women, which was fundamental for the international community to ensure effective measures in that regard. Morocco also thanked the mandate holder for her work.
AHMED SAADI (Algeria) said that Algeria supported the mandate of the Special Rapporteur and would like to see her continue resolving issues of violence against women and their fundamental human rights. Algeria also wished to reaffirm the role of the family in addressing this issue and suggested that the Special Rapporteur take into consideration the various religious and social dimensions associated with this subject. Ms. Erturk had visited Algeria in 2002 and the Government gave her full access and cooperated with her in her mission. The Government was currently working on increasing the role of Algerian women in national institutions as was already the case in other sectors of Algerian society.
ALI CHERIF (Tunisia) said the issue of violence against women was of particular importance for Tunisia. All forms of violence against women must be eliminated so as to avoid equality without any substance. Tunisia continued to make efforts to eliminate violence against women in all its forms through a variety of measures including assistance, aid, prevention and awareness raising activities throughout in the country. Tunisia fully supported the extension of the mandate of the Special Rapporteur on violence against women.
JAN NORLANDER (Sweden) said that Sweden aligned itself with the statement by Slovenia on behalf of the European Union. Sweden reiterated its strong support for the work of the Special Rapporteur on violence against women. To fight violence against women and to prevent it, poverty and marginalization of women had to be addressed, and also men's attitudes. A woman's right to her own body was continuously violated. Women in armed conflict were particularly vulnerable and had to be protected. But they were also a resource, and the role of women in peacebuilding had to be explored, as set out in Security Council resolution 1325. Sweden strongly supported the renewal of the mandate.
BAHRAT RAJ PAUDYAL (Nepal) said that Nepal attached great importance to the work of the Special Rapporteur on violence against women. In fact, Nepal contributed to the overall situation of global human rights. Continuation of this mandate would help further this specific cause and Nepal was fully committed to supporting the renewal of the Special Rapporteur’s mandate on violence against women.
SHAGUPTA ASHRAF, of World Muslim Congress, said the World Muslim Congress believed strongly that women played a pivotal role in reforming and educating the world. Women were left vulnerable at the merciless hands of those promoting hatred and fundamentalism in many societies in the world. World Muslim Congress recommended that the Council seek alternative methods for those States.
UZERS SHAH, of the International Human Rights Association for American Minorities, thanked the Special Rapporteur for her comprehensive report on a subject that continued to haunt even the most civilized societies in different manners. It was a shameful scar on the face of modern civilization and the International Association urged all the United Nations family to fulfil their commitments to international conventions, treaties and agreements to guarantee the protection of women and the girl child from abuse, violence, exploitation and neglect.
Concluding Remarks on Mandate of Special Rapporteur on Violence against Women
YAKIN ERTURK, Special Rapporteur on violence against women, its causes and consequences, in her concluding remarks, thanked the delegations for their continued cooperation and support. In response to several points that were raised, she said that she had already addressed many of their issues, such as conflict, displacement and poverty, in her earlier reports. She also reminded the Council members that she planned to present a report in 2009 with regards to the political economy of rights and again thanked the Council members for their ongoing support.
CYNTHIA TAYLOR (Canada), wrapping up the discussion, expressed Canada’s sincere gratitude for the work of the Special Rapporteur. The delegations and observers were thanked. The dialogue had been a constructive one and many challenges remained in the field of violence against women. The significant level of support for the mandate was a testament of the importance of the topic. It was essential for the mandate to be renewed.
Introduction of Mandate of Special Rapporteur on the Situation of Human Rights in the Democratic People’s Republic of Korea
ANDREJ LOGAR (Slovenia), speaking on behalf of the European Union, presenting the mandate of the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea, said the European Union strongly supported the mandate of the Special Rapporteur and commended him for his constructive efforts in fulfilling his mandate since his appointment. The mandate had been established in 2004, and Vitit Muntarbhorn had subsequently been appointed as Special Rapporteur. The situation of human rights in the Democratic People’s Republic of Korea remained extremely serious and was not improving. Violations of human rights included the widespread and systematic practice of torture; inhuman conditions of detention; the absence of due process of law; the imposition of the death penalty for political and religious reasons; and the situation of refugees and asylum-seekers expelled or returned to the Democratic People’s Republic of Korea and the harsh punishment of those who left or tried to leave the country without permission. There were also systematic violations of economic, social and cultural rights in the country, which had led to severe malnutrition and widespread health problems for the population, persecution of political dissidents and substandard prison conditions, re-education and forced labour camps.
The mandate as carried out by the Special Rapporteur had provided a balanced analysis of the human rights situation in the Democratic People’s Republic of Korea. However, a lack of cooperation from the country, and the failure of the Democratic People’s Republic of Korea to allow the Special Rapporteur into the country, had impeded progress. The Democratic People’s Republic of Korea should not be "rewarded" for its non-cooperation by not extending this as necessary as ever mandate. The human rights situation in the Democratic People’s Republic of Korea remained grave; the Human Rights Council needed to acknowledge that and to review and extend the mandate. Finally, the European Union asked the Special Rapporteur how he was able to fulfil his mandate in the absence of cooperation with the country concerned?
ICHIRO FUJISAKI (Japan) said that since the Special Rapporteur had been appointed in 2004, he had been making sincere efforts for the improvement of the human rights situation in the Democratic People's Republic of Korea. It was regrettable that the Democratic People's Republic of Korea had been continuously refusing to let the Special Rapporteur enter the country. The Democratic People's Republic of Korea should permit the visit and cooperate fully with him. There were still various human rights violations in many areas of the Democratic People's Republic of Korea. In order for the Human Rights Council to closely follow the serious situation, the Special Procedures mechanism should be used. The renewal of the mandate was strongly supported.
Statement by the Special Rapporteur on the Situation of Human Rights in the Democratic People’s Republic of Korea,
VITIT MUNTARBHORN, Special Rapporteur of the Situation of Human Rights in the Democratic People’s Republic of Korea, said that this mandate, established by the United Nations Commission on Human Rights in 2004, was part of the United Nations system of Special Procedures which was essential for human rights monitoring on key themes and various countries with critical human rights situations. The approach of the Special Rapporteur was to continue to invite the Democratic People’s Republic of Korea to respond to the mandate as a window of opportunity to engage with the United Nations. It was thus regrettable that to date, the authorities of the country had declined to cooperate with the Special Rapporteur and had not invited him to enter the country, despite several requests to do so.
Mr. Muntarbhorn said that he coordinated with other mandates and acted in concert with them to voice the concerns of the affected targeted groups, and to send out communications jointly to seek justice on behalf of these groups, as appropriate. On analysis, key lessons, particularly from the value added of this mandate in the setting of the Special Procedures, could be noted. The mandate led to an increased level of human rights protection and promotion by using the advocacy and information base of the Special Rapporteur to call for constructive changes and to address protection gaps. It was also a key opportunity for the United Nations to analyze the situation of human rights in the Democratic People’s Republic of Korea. It provided a much needed voice for the voiceless, particularly for the multitude of actual and potential victims.
In sum, the orientations to be underlined included the reinforcement of the Special Procedures as a system and the facilitation of access of the mandate holders to the actual or potential victims. Furthermore, the Special Rapporteur wished to ensure effective responses from States and other actors to the work of mandate holders, including support for the continuity of mandates. Finally, it enabled an avenue to address substantively the recommendations of the Special Rapporteur and other mandate-holders in the newly established Universal Periodic Review under the Human Rights Council.
Statement by Concerned Country
JONG SONG IL (Democratic People’s Republic of Korea), speaking as a concerned country, said that they resolutely opposed and rejected the continuation of the mandate of the Special Rapporteur pursued by the Western countries, including the European Union. That completely ran counter to the founding ideals and working methods of the Human Rights Council. They would like to recall that the purpose of establishing the Council through an arduous process had been to put an end to distrust and confrontation, and particularly the politicization, selectivity and double standards that had been so prevalent in the Commission. It had been that extreme politicization, selectivity and double standards that had obstructed the sincere efforts of the Democratic People’s Republic of Korea from cooperating with the Commission.
Western countries were now making every attempt to continue the mandate, in disregard of the innovative creation of the Universal Periodic Review as a main mechanism of the Council for treating all countries objectively and fairly. It was an indication of Western countries intention to continue to name and shame other countries as they once did claiming their human rights performance to be perfect during the period of the defunct Commission. The Democratic People’s Republic of Korea said the decision to continue the mandate of the Special Rapporteur under any circumstance would result in the complete impediment in cooperation between the Democratic People’s Republic of Korea and the Council. The responsibility for that should be borne by the Council.
Statements on the Review of the Mandate of the Special Rapporteur on the Situation of Human Rights in the Democratic People’s Republic of Korea
IMRAN AHMED SIDDIQUI (Pakistan), speaking on behalf of the Organization of the Islamic Conference (OIC), said that the OIC believed in a non-selective approach while dealing with situations of human rights. It had therefore, always expressed its strong opposition to the country mandates. This position was based on the experience that had led to the demise of the Commission. The deletion of two country mandates during the adoption of the institution building package had been welcome and it was hoped that this would happen to the remaining ones. The newly created Universal Periodic Review provided a useful opportunity for the review of the commitment of members to human rights. The Council had to avoid selectivity, partiality and double standards. A change in approach with regard to the Democratic People's Republic of Korea was urgently needed.
LEE SONG-JOO (Republic of Korea) expressed its sincere appreciation to the Special Rapporteur for his efforts on the situation of human rights in the Democratic People’s Republic of Korea. His efforts had served to enhance awareness not only in the Human Rights Council but the United Nations system as a whole on the human rights situation in the Democratic People’s Republic of Korea. Maintaining country-specific mandates held great importance. In tandem with the Universal Periodic Review, country-specific Special Procedures were an indispensable tool for the Council to effectively address grave human rights violations in a country. Finally, in the process of review, rationalization and improvement of mandates, the determining criteria had to be the victims and the situation on the ground. In this regard, there was a need for country-specific mandate holders to serve as the constant “eyes and ears” until such time that there was clear evidence of improvements in the field of human rights.
YURI GALA (Cuba) said that Cuba had already expressed its views on the mandate of the Special Rapporteur on the human rights situation in the Democratic People’s Republic of Korea. That was a mandate handed down from the previous Commission on Human Rights that had been discredited. The Human Rights Council, established on a new basis, had established mechanisms and procedures such as the Universal Periodic Review that allowed for States to engage in constructive dialogue on their common concerns.
NADIA STUEWER (Canada) commended the work of the Special Rapporteur. His work brought home to all the importance of the Democratic People's Republic of Korea facilitating the work of the Special Rapporteur. Concern was expressed over the continuous violations of human rights in that country. Canada supported the renewal of the mandate.
BO QIAN (China) said that in principle, China was, and had always been, opposed to country-specific mandates. Unfairly targeting certain nations would provoke confrontation and poison the atmosphere of the Human Rights Council. With this in mind, the Universal Periodic Review would be an important step to bringing about positive change in the future functioning of the Human Rights Council.
TANTY EDAURA ABDULLAH (Malaysia) said that Malaysia believed that a constructive approach by the Council and the Special Rapporteur through dialogue, mutual understanding and cooperation with the Democratic People’s Republic of Korea were crucial if they were to give positive effects to the efforts in addressing genuine human rights problems. Old ways of confrontation and politicisation that had discredited the Commission on Human Rights should not continue in this Council. In that regard, Malaysia would encourage all parties to engage positively and to exercise impartiality in dealing with this issue.
SEBASTIAN ROSALES (Argentina) said that Argentina had voted in favour of the resolutions on the Democratic People's Republic of Korea in the General Assembly and in the Human Rights Council. The last report of the Special Rapporteur stated that the human rights situation in the Democratic People's Republic of Korea continued to be serious. Freedom of expression was not being respected. Argentina thus supported the renewal of the mandate.
ENOS MAFEMBA (Zimbabwe) said that the common understanding of Zimbabwe was that human rights by their nature were indiscriminate, indivisible and thus applied equally to all peoples irrespective of who they were. The respect, protection and promotion of human rights were of primary concern. The Council had already come up with an innovative method, the Universal Periodic Review, to scrutinize the observance of human rights and ensure compliance by Member States to their undertakings. He also drew attention that for instance there was a country-specific mandate on one Middle Eastern country that had disappeared from the Council’s agenda without even being debated in the Council chambers. Countries continued to pay lip service to economic, social and cultural rights and the right to development. In conclusion, Zimbabwe was strongly of the view that country-specific mandates were now obsolete in view of the Universal Periodic Review mechanism and that country mandates were the basis of politicization, selectivity and double standards.
NGUYEN THI XUAN HUONG (Viet Nam) said that Viet Nam attached great importance to international cooperation in the promotion and protection of human rights. General Assembly resolution 60/251 establishing the Human Rights Council affirmed the need for all States to continue international efforts to enhance dialogue and broaden understanding among civilizations, cultures and religions. That resolution also decided that the work of the Council should be guided by the principle of constructive international dialogue and cooperation. Those definitely were essential factors for success in international cooperation in the area of human rights. For those reasons, Viet Nam shared the reservations maintained by many other United Nations Member States about resolutions aimed at specific countries as those resolutions had often been used for non-objective, selective and political purposes, leading to confrontation. The mandates established by those resolutions, including that on the Democratic People’s Republic of Korea, should be reconsidered.
MOHAMMED BESSEDIK (Algeria) reiterated Algeria’s position against country specific mandates. These were a source of confrontation, politicization, selectivity and double standards. Another argument was that the Council had now established the Universal Periodic Review process which was based on equality. This specific mandate had to be terminated.
Concluding Remarks on the Review of the Mandate of the Special Rapporteur on the Situation of Human Rights in the Democratic People’s Republic of Korea
VITIT MUNTARBHORN, Special Rapporteur of the situation of human rights in the Democratic People’s Republic of Korea, in his concluding remarks, said that as part of the Special Procedures, there was a need for both country and thematic Special Rapporteurs and mandates in order to address all the gaps in the international human rights system. It was his sincere pleasure to have given a voice to the victims of the Democratic People’s Republic of Korea, be they victims of trafficking or torture. His approach remained independent and principled, based on United Nations standards. He reminded the Government of the Democratic People’s Republic of Korea that the window of opportunity to debate and dialogue with the United Nations was always open and he was pleased to have had the opportunity to take a role in opening that door.
ANDREJ LOGAR (Slovenia), speaking on behalf of the European Union, expressed sincere appreciation to the Special Rapporteur for his work and for his presentation. For the European Union, this had been an informative and constructive discussion. The assessment of this mandate offered a valuable opportunity to strengthen the mandate and to guide its future direction. The situation of human rights in the Democratic People’s Republic of Korea was serious and was not improving. The Human Rights Council could not sit by and observe the suffering of people if it was to preserve its credibility. This was not about naming and shaming, but about offering a dialogue to the country in question and helping people in need. The Democratic People’s Republic of Korea’s Government was invited to take this opportunity. The European Union also thanked Japan for being a co-sponsor on the draft resolution proposed by the European Union, asking for the renewal of the mandate of the Special Rapporteur on the human rights situation in the Democratic People’s Republic of Korea for one more year.
Introduction of the Mandate of the Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography
MARIA LOURDES BONE (Uruguay), presenting the mandate of the Special Rapporteur on the sale of children, child prostitution and child pornography, said that this mandate had been created in 1990 by the Human Rights Commission. Over the last six years, the Special Rapporteur had concentrated on visits to countries, thematic investigations and communications with governments. The thematic investigations had concentrated on different important topics, such as: child pornography on the Internet, traffic of organs and prevention of sexual exploitation. These thematic documents were proposing innovative systems for Governments to tackle these complex issues. The Special Rapporteur had conducted nine country visits. In most cases, these visits were about the strengthening of protection systems and complaints procedures. One difficulty had been that not all countries were positively responding. It was essential that the mandate continued, in order to achieve a broader representation of the subject throughout the world. The mandate had generated a critical mass of information. This was resulting in continuous improvements on the matter. The subjects addressed by this mandate were currently very topical subjects. Organized crime had found a lucrative playground in these topics. Such crimes would continue to increase in coming times and the international community should unite to combat such violent crimes. Member States of the Council were invited to support the continuation of the mandate.
Statement by the Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography
JUAN MIGUEL PETIT, Special Rapporteur on the sale of children, child prostitution and child pornography, said that the General Assembly's adoption of the Convention on the Rights of the Child in 1989 had marked a historic landmark, opening a new era in which it was recognized that in all countries of the world there were children living in exceptionally difficult situations and that they needed special attention. In 1990, the Commission on Human Rights had established the mandate of the Special Rapporteur on the sale of children, child prostitution and child pornography. His work had been another contribution to building a global system for security and protection of children. After six years of work, he could say that the democratic system was the only one in which freedom allowed for the realization of the potential of everyone. Without pluralism, without diversity and tolerance, human rights could not flourish. It was only on the basis of heterogeneity that it was possible to formulate better laws and policies. He had visited nine countries during his mandate – Mexico, Ukraine, Greece, Albania, Romania, Paraguay, Brazil, France and South Africa. He had also reviewed individual communications and drawn up reports on different themes each year.
The theme of his report this year was to look at the assistance and rehabilitation programmes designed for children victims of trafficking and sexual commercial exploitation. In putting that report together he had sought the contribution of all of those working with children in the field. He had been dealing with new problems and practices. A lot of progress had been made in the development of juridical standards. Today there was work being done to address the roots of the problem, and countries needed to develop new tools for prevention and to protect victims. The mandate was a catalyst for suggestions, solutions and proposals. It required support from countries, which had to open their doors. He regretted that he had not been able to visit more countries. No one was spared of the scourges covered by his mandate, and no country could say that it did not need its help. The challenge of the mandate was to create healthier environments for children, where they could be protected.
In the not too distant future, the system of Special Procedures might have a way of better orienting its actions, and informing people on the ground, for example by recognizing a national day of Special Procedures to make known those burning issues on which they worked. Without wishing to impoverish the mechanisms they had today, he called on everyone to continue to work for a better world with free societies in which human rights were respected.
General Debate on the Review of the Mandate of the Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography
VESNA MOKOZEL (Slovenia), speaking on behalf of the European Union, said the European Union attached great importance to the protection of the rights of the child and more specifically to the mandate of the Special Rapporteur on the sale of children which had a positive impact in the concerted efforts to eliminate these violations of human rights. The European Union shared the view that separate programmes to attend to the needs of child victims were important. The guidelines of the Special Rapporteur for assistance and rehabilitation programmes and his relevant recommendations were deeply appreciated. The European Union would welcome any further suggestions that would enhance effectiveness of this mandate in the future. The Special Rapporteur was asked whether he would agree that raising relevant awareness not only on national but on an international level as well, would be another major step to the right direction.
NIK ADY ARMAN (Malaysia) said that Malaysia believed that the exploitation of children was unacceptable. The international community should enhance cooperation in preventing its occurrence. Malaysia supported the mandate and believed it was imperative that the Special Rapporteur continue to bring together the knowledge and expertise of the many different parties and experts when formulating recommendations.
MURILO VIEIRA KOMNISKI (Brazil), speaking on behalf of the Group of Latin American and Caribbean Countries (GRULAC), said that this mandate had greatly contributed and still could contribute to the battle against the sale of children, child prostitution and child pornography. GRULAC also thanked the mandate holder, Juan Miguel Petit for his efforts. In its national capacity, Brazil also thanked the mandate holder, and Uruguay, for its support of the draft resolution and the rights of the child.
MARTIN GEORGOS KELEMENIS (Switzerland) said the sale of children, child prostitution and child pornography were very serious issues which should not be tolerated and warranted several efforts. There were many gaps in national legislation which had to be filled in order to carry on this work. The work of the Special Rapporteur showed the challenges to be overcome as well as best practices. Switzerland was convinced of the important work of the Special Rapporteur and supported the continuation of this mandate without reservations. However, Switzerland was concerned with the overlap with other entities in this regard and called for more coordination of United Nations bodies.
ROMAN KASHAEV (Russian Federation) said the Russian Federation supported the continuation of the mandate. The Russian Federation hoped that the Special Rapporteur would continue his activities in the same balanced manner, in respect of the Code of Conduct and with the best interest for children in mind. The Russian Federation recommended that the Special Rapporteur should also look into the issue of sex tourism.
SEBASTIAN ROSALES (Argentina) associated itself with the statement by Brazil on behalf of GRULAC. Argentina attached great importance to the consolidation of the Special Procedures. Argentina recognized the importance of the mandate on the sale of children, child prostitution and child pornography, and valued the efforts put forth by the Special Rapporteur and by Uruguay in sponsoring various initiatives in this regard. Argentina therefore supported the continuation of the mandate.
PAUL J. MAKELELE (Tanzania) attached great importance to the fight against the sale of children, child prostitution and child pornography. Tanzania had taken measures to promote and protect the rights of the child. Currently there was legislation encompassing the prohibition of the sale of children which was in line to be adopted. Tanzania would continue to play a significant role to combat all such crimes.
OMAR KADIRI (Morocco) said that the mandate of the Special Rapporteur had contributed to the visibility of the growth of this problem. Morocco was taking specific measures to protect the rights of children. This work required full participation of civil society. The Special Rapporteur‘s predecessor had visited Morocco and this had resulted in fruitful cooperation. Morocco supported the renewal of the mandate.
ROBERTA CECCHETTI, of International Save the Children Alliance, on behalf of severals NGOs1, strongly appreciated the work of the Special Rapporteur on the sale of children, child prostitution and child pornography, its quality and comprehensiveness. They had also enjoyed a close working relationship with the mandate holder. The Special Rapporteur on the sale of children had been key in keeping child rights on the agenda of the Council during its first year of work. The International Save the Children Alliance expected that that focus would be kept and strengthened in the future. Millions of children of all ages from around the world were victims of sexual exploitation, very often by those who had a responsibility to protect them. They therefore very strongly believed that the mandate had to be renewed and the scope maintained if all children were to be protected from sexual exploitation in all its many different manifestations. It was essential that sexual exploitation of children be addressed from a child rights perspective; from a gender perspective – how sexual exploitation impacted differently on boys and girls; and from the perspective of the obligation of all States to realize their accountability to the relevant international legal instruments.
Concluding Remarks on the Review of the Mandate of the Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography
JUAN MIGUEL PETIT, Special Rapporteur on sale of children, child prostitution and child pornography, in concluding remarks, said with concern to the mandate it was absolutely necessary to have support and feedback. When he began his job as Special Rapporteur he had doubts as to the impact he would have given the bureaucracy in the United Nations system. Over the course of six years he had clearly seen how countries were opening up to the international community and beginning to recognize that these problems were shared by all and that it was the responsibility of all to ensure the enjoyment of every person’s rights. Given certain sensitivities, it was important to include private sector stakeholders into the process of combating these human rights abuses. As noted by one delegate, it was important to recall the cross-cutting areas of the issues. The mandate should indeed become more effective and be refined accordingly.
MARIA LOURDES BONE (Uruguay), wrapping up the discussion, said that what had been done so far constituted a good starting point. A set of tools had to be identified. The mandate had resulted in concrete propositions for Governments. It was needed to formulate policies to create a global network to support children. The objective was also for Governments to come up with legislation. The Special Procedures were an important tool in this light. The experience of country visits showed that after the initial mistrust, countries had found an important source of inspiration in this mandate. This mandate was an area of exchange and of multilateral collaboration. The Council was invited to renew the mandate.
1Joint statement: International Save the Children Alliance; World Organization against Torture; World Vision International; International Federation Terre des Hommes; Plan International; Myochikai (Arigatou Foundation); International Catholic Child Bureau; International Alliance of Women; and SOS - Kinderdorf International.
For use of the information media; not an official record
HRC08028E