HUMAN RIGHTS COUNCIL HOLDS GENERAL DEBATE ON FOLLOW-UP AND IMPLEMENTATION OF THE VIENNA DECLARATION AND PROGRAMME OF ACTION

The Human Rights Council this morning held a general debate on follow-up and implementation of the Vienna Declaration and Programme of Action. The Council also concluded its general debate on the human rights situation in Palestine and other Occupied Arab Territories.

In the general debate on follow-up and implementation of the Vienna Declaration and Programme of Action, speakers said the Vienna Declaration and Programme of Action constituted a significant step forward in the commitment of the international community toward the full realization of all human rights for all. Despite respectable progress achieved, continued attention and efforts were still required in order to implement the recommendations of the Declaration, 17 years after its adoption. Discrimination was still a daily reality experienced by too many people in all parts of the world. Speakers said they would continue to support an open and constructive dialogue with all human rights bodies and civil society. The participation of the latter was important for the functioning of the system for the promotion and protection of human rights. No one was the single guarantor of these rights, and all individuals should enjoy them. There was a defamation of religions in some countries, with amplification of hate speech and xenophobia, confirming the belief that there was a need to strengthen efforts to promote dialogue between religions, strengthening tolerance and co-existence, with peaceful tolerance. There should be an additional Protocol to the Convention against Racism and Xenophobia, with boundaries between freedom of expression and attacks on religion, which sowed religious hatred.

Speakers noted that there was no doubt that the true genius of the Vienna Declaration and Programme of Action lay in its comprehensiveness and all-encompassing provisions. Therefore, the preoccupation for the Council, and indeed the international community, should be to seize the opportunity offered by this valuable document to genuinely assess the progress achieved as well as the obstacles that still stood in the way of efforts to enhance cooperation for the promotion and protection of human rights. Measures should be used to manage the migration phenomenon, and there should be a use of alternative solutions to detention of migrants, bearing in mind the need to reinforce human rights and the fundamental freedoms of all migrants and their family members. The principle of the universality of human rights must be applied to the rights of migrants. In today’s world women faced numerous obstacles to the enjoyment of basic human rights and they continued to be the victims of pervasive discrimination and injustice. There was an immediate need for mainstreaming women’s rights and integrating them in the Council’s programmes and procedures.

Speaking on the Vienna Declaration and Programme of Action were Spain n behalf of the European Union, Argentina on behalf of the Common Market of the South, Viet Nam on behalf of the Association of Southeast Asian Nations, Sudan on behalf of the Arab Group, Nigeria on behalf of the African Group, Colombia on behalf of the Latin American and Caribbean Countries, Côte d'Ivoire on behalf of the African Group, the Group of Latin American and Caribbean Countries and the Philippines,
Pakistan on behalf of the Organization of the Islamic Conference, Italy, China, Russian Federation, Indonesia, United States, Algeria, Australia on behalf of New Zealand and Canada, Paraguay, and Morocco.

The following national human rights institutions also took the floor: New Zealand Human Rights Commission, National Commission of Human Rights of Mexico, Non-Governmental Organization Network of National Human Rights Institutions of the Americas, National Human Rights Commission of Togo, Advisory Council on Human Rights of Morocco, National Human Rights Commission of Honduras and the National Human Rights Committee of Qatar.

The following non-governmental organizations (NGOs) also took the floor: International Service for Human Rights, Indian Council of South America, Association for World Education, United Nations Watch, North South XXI, Amnesty International, Centrist Democratic International, World Union for Progressive Judaism, Indian Council of Education, Commission to Study the Organization of Peace, World Peace Council, International Action for Peace and Development, Latin American Federation of Associations of Relatives of Disappeared Detainees, and Inter-African Committee on Traditional Practices Affecting the Health of Women and Children.

Iran spoke in right of reply.

At the beginning of the meeting, the Council concluded its general debate on the human rights situation in Palestine and other Occupied Arab Territories, hearing from a series of NGOs who said, among other things, that as part of its historical policy to change the demographic composition and impose a Jewish majority in Israel and the Occupied Palestinian Territory, Israel had systematically induced forcible displacement and dispossession of Palestinians on a discriminatory basis. Others noted that almost a million Jews had deliberately been targeted as a religious group in Arab countries, many of which were now religiously-cleansed of all Jews. Two thirds of dispossessed Jews settled in Israel, and they and their descendants represented almost 50 per cent of the Jewish population. That great injustice should be addressed at the United Nations within the context of an equitable global solution for a peaceful, international recognition of a two-State solution. Speakers urged the Human Rights Council to request that human rights and international law be returned to the forefront of international relations, and that they be recognized as the essential, non-derogable components of any future peace process. Palestinians continued to ensure more than 60 years of occupation and all States were urged to take effective action to end the occupation of Palestine. Israel had violated holy sites in Jerusalem, including encroachments on the al-Aqsa Mosque, the denial of Palestinian access to the mosque, and the use of excessive force to repress Palestinians protesting these violations of the Geneva Conventions. These violations of Palestinian religious rights came at the same time as a decision by Israel to extend the scope of Jewish settlements within East Jerusalem.

The following NGOs took the floor on the human rights situation in Palestine and other Occupied Arab Territories: Hadassah, the Women's Zionist Organization of America, BADIL Resource Centre for Palestinian Residency and Refugee Rights, Progressive Union for Progressive Judaism, Palestinian Centre for Human Rights, North South XXI, Charitable Institute for Protecting Social Victims, Cairo Institute for Human Rights Studies, Organization for Defending Victims of Violence, Institute for Women’s Studies and Research, General Arab Women Federation, European Union of Jewish Students, Union de l’action feminine, and Al-Haq.

The Council today is holding three back-to-back meetings from 9 a.m. to 6 p.m. During its midday meeting, the Council will hold an interactive dialogue with the Chairperson of the Working Group on People of African Descent, and will then proceed with the consideration of the report of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action and the report of the ad hoc Committee on complementary standards. It will then hold a general debate on racism, racial discrimination, xenophobia and related forms of intolerance: follow-up to and implementation of the Durban Declaration and Programme of Action.


General Debate on the Human Rights Situation in Palestine and Other Occupied Arab Territories

HANNAH SHABATHAI, of Hadassah, the Women's Zionist Organization of America, Inc., said the most prominent medical centre in the Middle East with two hospitals, a research centre and five medical schools, Hadassah, took pride in its state-of-the-art clinical care, innovative research and excellence in medical training. As an exceptional oasis of peace, it catered to the dignity of all human beings irrespective of their race or religion. However, the Palestinian Authority had maintained its decision to cease payment for treatment of its citizens in any Israeli hospital, including Hadassah's. Hadassah, supported by the State of Israel, had absorbed millions of dollars in costs each year for the health care and medical training that its healthcare professionals provided to Palestinians, and believed that this was not an insignificant contribution to the peace for which all aspired.

RANIA AL MADI, of Badil Resource Center for Palestinian Residency and Refugee Rights, in a joint statement with Women's Centre for Legal Aid and Counseling, said as part of its historical policy to change the demographic composition and impose a Jewish majority in Israel and the Occupied Palestinian Territory, Israel systematically induced forcible displacement and dispossession of Palestinians on a discriminatory basis. More than 128,000 Palestinians were estimated to have been internally displaced during the last four decades of the occupation. The widespread and systematic forcible internal displacement of Palestinians by the Israeli occupying power for the purpose of acquiring land and altering the demographic composition of the territory amounted to a forcible transfer of population, a grave breach of the Fourth Geneva Convention and a crime against humanity.

DAVID LITTMAN, of Progressive Union for Progressive Judaism, said almost a million Jews had deliberately been targeted as a religious group in Arab countries, many of which were now religiously-cleansed of all Jews. Two thirds of dispossessed Jews settled in Israel, and they and their descendants represented almost 50 per cent of the Jewish population. That great injustice should be addressed at the United Nations within the context of an equitable global solution for a peaceful, international recognition of a two-State solution. All delegates should become better informed about the neglected million Jewish refugees whose original numbers from Arab lands was larger than Arab-Palestinian war refugees.

DARAGH MURRAY, of Palestinian Centre for Human Rights, said this past year had arguably been the worst in the history of the Occupied Palestinian Territory; the illegal closure of the Gaza Strip had now been continuously imposed by Israeli forces for over 2 ½ years and illegal settlements continued to flourish and new settlements to be developed in the West Bank in explicit violation of international law. That was the result of a fundamentally flawed peace process. The Palestinian Centre for Human Rights said the Council should request that human rights and international law be returned to the forefront of international relations, and that they be recognized as the essential, non-derogable components of any future peace process.

CURTIS DOEBBLER, of North South XXI, emphasized the human rights of the Palestinian people and their right to self-determination. North-South XXI supported the work of the Special Rapporteur on the situation of human rights in the Occupied Palestinian Territory. He had shown patience and integrity in his work. Still, it regretted the lack of cooperation of the Israeli authorities. The reputation of the United Nations and Council were at stake. Palestinians continued to ensure more than 60 years of occupation. Women and children were regularly attacked. Students were regularly denied the right to education. Thousands remained in prison without a trial. Finally, North-South XXI strongly urged all States to take effective action to end the occupation of Palestine.

MARYAM SAFARI, of Charitable Institute for Protecting Social Victims, said the dramatic situation caused by Israel was putting tremendous pressure, especially on women and children. It was no surprise that post traumatic stress syndrome was rife. Women and children in the Golan Heights had to be empowered. They had to realize their social, legal, economic and health rights. In that regard, the Charitable Institute for Protecting Social Victims urged the Council to ensure that the right to life of the people of Gaza, especially that of more vulnerable groups, which had been deteriorating due to a deliberate blockade, was guaranteed and subject to strong protection by all Members of the Council.

JEREMIE SMITH, of Cairo Institute for Human Rights Studies, said Israel had violated holy sites in Jerusalem, including encroachments on the al-Aqsa Mosque, the denial of Palestinian access to the mosque, and the use of excessive force to repress Palestinians protesting these violations of the Geneva Conventions. These violations of Palestinian religious rights came at the same time as a decision by Israel to extend the scope of Jewish settlements within East Jerusalem. The Arab Group of States within the United Nations should work to ensure that the Human Rights Council and the General Assembly of the United Nations no longer delayed a clear decision on whether national investigations into war crimes committed during the Gaza offensive met international standards. The European Union should make continued economic cooperation with Israel dependent upon its respect of Palestinian rights.

MAHMOUDREZA GOLSHANPAZHOOH, of Organization for Defending Victims of Violence, said for over 60 years, war and insecurity in Palestine had been intertwined with the lives of the people of the region, and every day this crisis increased to an extent that the right to life was threatened. The current unfair and prolonged blockade of the Gaza Strip and unsafe conditions made the ordinary people of Gaza very dependent on the tunnels on the border, and any form of disruption by anyone to the flow of vital food, medical and hygiene necessities would be catastrophic for the people of the region. The international community should adopt special measures for the reopening of the officially-recognized border crossings, and the elimination of any form of forced restrictions of links between the Gaza Strip and the outside world.

PARICHEHRE SHAHSAVAND, of Institute for Women’s Studies and Research, said the International Covent on Civil and Political Rights clearly called upon the members of the international community to respect human rights. Nevertheless, human rights violations and violations of humanitarian rights had increased in Palestine and led non-governmental organizations, the General Assembly and the Security Council to constantly adopt resolutions asking Israel to respect human rights and commitments in that regard. In spite of that, the Israeli army continued to commit inhuman acts. The Institute for Women’s Studies and Research therefore called upon the international community to adopt binding measures to oblige Israel to respect international instruments and United Nations resolutions in order to stop the violence and ensure that human rights were being respected.

JULIETTE SAYEGH, of General Arab Women Federation, said Israel continued to defy the international community and reject its resolutions. That would continue as long as Israel was not faced with internationally adopted and appropriate measures. Practices in the occupied Syrian Golan were identical to those in the Palestinian territories, which was a trampling of international human rights and humanitarian law. Israeli continued torturing and the occupying power was persisting in imposing Israeli identity documents on Syrian citizens. The start of the building of 1,200 housing units had also been seen. Given that situation, the General Arab Women Federation called for measures to end such practices and to end Israeli occupation of the Occupied Palestinian Territories and in the Occupied Syrian Golan.

JANE BRADEN, of European Union of Jewish Students, said the teachings and values of the European Union of Jewish Students were the same as those at the core of the Human Rights Council. That was why it supported the High Commissioner’s attempts to reform the Council. The execution of ideals had at times fallen short. The European Union of Jewish Students said the world should appreciate its continued responsibility. Often it was within these Council sessions that the need for change was highlighted. The process of achieving equal human rights took time. Leadership should define this session and through example they should lead the world.

MOHAMED MADANI, of Union de l'action féminine, addressed the suffering of Palestinian women and children on a day to day basis, said it was not just the occupation but the humiliation and the insults that were an issue. The Union de l’action feminine asked what women of the world would do in such a situation. The civilized human conscience was called upon to take care of these Palestinian women who sometimes give birth in occupation, who were subjected to difficulties and, who sometimes died in custody. They joined their voices to all appeals, to implement all resolutions on Palestine.

NADA KISWANSON, of Al-Haq, Law in the Service of Man, said recently Israel had attacked human rights defenders by resorting to several different measures aimed at frustrating the ability of Palestinian civil society to effectively monitor and voice opposition to Israel's practices. Israel had additionally increased efforts to arbitrarily detain and deport human rights defenders, and there had been notable repression of those campaigning against the illegal Annexation Wall. Israel's attack on human rights defenders appeared to be part of a wider campaign by Israel against those whom it saw as being responsible for engaging in "law fare" against it. In practice, the concept characterised all human rights defenders as illegitimate or subversive in order to justify the increasingly repressive measures taken against them. The Council should ensure that human rights defenders were afforded their human rights and in particular the protection afforded to them in accordance with the General Assembly's Declaration on Human Rights Defenders.

Documents

The report of the Secretary-General on national institutions for the promotion and protection of human rights (A/HRC/13/44) is currently unavailable in English.

The report of the Secretary-General on the process currently utilized by the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights to accredit national institutions in compliance with the Paris Principles (A/HRC/13/45) contains information on the activities of the Subcommittee on Accreditation of the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights, including the improved accreditation process and the adoption of general observations.

General Debate on follow-up and Implementation of the Vienna Declaration and Programme of Action

BORJA MONTESINO (Spain), speaking on behalf of the European Union, said the Vienna Declaration and Programme of Action constituted a significant step forward in the commitment of the international community toward the full realization of all human rights for all. Despite respectable progress achieved, continued attention and efforts were still required in order to implement the recommendations of the Declaration, 17 years after its adoption. Discrimination was still a daily reality experienced by too many people in all parts of the world. The full realisation of the rights of persons belonging to national or ethnic, religious and linguistic minorities, the rights of persons with disabilities as well as the rights of persons in vulnerable situations remained elusive for too many. However, there had been progress. The Declaration highlighted the important role of civil society and non-governmental organizations (NGOs) in the promotion of all human rights and in humanitarian activities. States and international organizations should cooperate with NGOs to create favourable conditions at the national, regional and international levels to ensure the full and effective enjoyment of human rights. The Vienna Declaration affirmed that the protection and promotion of all human rights was a legitimate concern of the international community - the European Union would continue to take this responsibility very seriously and was seeking the cooperation of all Member States in joining efforts towards the full realization of human rights which were universal, indivisible, interdependent and interrelated.

HECTOR RAUL PELAEZ (Argentina), speaking on behalf of the Common Market of the South (MERCOSUR), said MERCOSUR was firmly committed to the promotion and protection of human rights both at the regional and the international levels. Since 2005, MERCOSUR had an institutionalized body at the regional level that met periodically to deal with major issues on the human rights agenda. Also, a Working Group to deal with such issues had been set up. Experiences had been exchanged on a number of points, including the follow-up to instruments on the protection of human rights. Also, information had been exchanged on cooperation regarding trafficking in persons; human rights education; and progress indicators. Discrimination and human rights of migrants, discrimination on the ground of sexual orientation, the rights of women, and issues of torture had also been discussed. MERCOSUR underscored that it would continue to support an open and constructive dialogue with all human rights bodies and civil society. The participation of the latter was important for the functioning of the system for the promotion and protection of human rights.

VU DUNG (Viet Nam), speaking on behalf of the Association of Southeast Asian Nations (ASEAN), said the establishment of the ASEAN Intergovernmental Commission on Human Rights last year had been a major step forward in enhancing regional cooperation on human rights. ASEAN had high hopes that the Commission would provide impetus to addressing human rights issues. One of its tasks was to compile human rights reports. It would also promote bolstering national and regional human rights frameworks. The Vienna Declaration and Programme of Action paid particular attention to the human rights of vulnerable groups. The soon-to-be established ASEAN commission on women and children would help ensure that the specific needs of these groups were fully addressed. The hosting of workshops on regional cooperation for the promotion and protection of human rights reflected a collective ASEAN commitment to promoting and protecting human rights at a wider level.

HAMZA AHMED (Sudan), speaking on behalf of the Arab Group, said the Arab Group was committed to the Vienna Declaration and Programme of Action for the protection of human rights in all policies. Human rights were universal, indivisible, interdependent and interrelated and the Arab Group shared this perspective. No one was the single guarantor of these rights, and all individuals should enjoy them. The Arab States had launched strategies to consolidate human rights in the field, seeking to disseminate a human rights culture and build capacity. There was ongoing defamation of religions in some countries, with amplification of hate speech and xenophobia, confirming the belief that there was a need to strengthen efforts to promote dialogue between religions, strengthening tolerance and co-existence. There should be an additional Protocol to the International Convention for the Elimination of All Forms of Racial Discrimination, with boundaries between freedom of expression and attacks on religion, which sowed religious hatred. The Arab States were seeking to strengthen national institutions as effective partners to strengthen human rights.

MOHAMMED HAIDARA (Nigeria), speaking on behalf of the African Group, said the African Group was fully committed to the implementation of the Vienna Declaration and Programme of Action which categorically stressed that the international community must treat human rights globally in a fair and equal manner. That overarching principle was translated into numerous specific provisions, including international cooperation for the promotion and protection of human rights and provisions that the international community should make all efforts to help alleviate the external debt burden of developing countries in order to supplement the efforts of such countries’ Governments. There was no doubt that the true genius of the Vienna Declaration and Programme of Action lay in its comprehensiveness and all-encompassing provisions. Therefore, the preoccupation for the Council, and indeed the international community, should be to seize the opportunity offered by this valuable document to genuinely assess the progress achieved as well as the obstacles that still stood in the way of efforts to enhance cooperation for the promotion and protection of human rights. It was an occasion for all and sundry to collectively rededicate themselves to the cause of human rights and to identify further measures necessary to achieve the full realization of the vision elaborated by the Durban Declaration and Programme of Action.

ADRIANA DEL ROSARIO MENDOZA AGUDELO (Colombia), speaking on behalf of the Group of Latin American and Caribbean Countries (GRULAC), reiterated the importance the Group of Latin American and Caribbean Countries attached to promoting and protecting human rights. In the 19702 and 1980s, there had been a lot of turbulence and unrest in South America which left many victims of violations of human rights. Systematic repression was challenged by massive social protestations and the appearance of guerrilla groups. In this historical context, the personality of Monsenor Romero appeared. He denounced all violations of civil, political, economic, social and cultural rights and he spoke out against violations committed against civil society. He constantly called for dialogue and rejected confrontation. His devotion to the defence of the most vulnerable ended when criminals put an end to his life in 1980. Given that, the Group of Latin America and Caribbean States was working on a draft decision due to be submitted to the Council’s fourteenth session whereby March 14 would be pronounced as the International Day for the Right to Dignity in honour of Monsenor Romero.

N'VADRO BAMBA (Côte d'Ivoire), speaking on behalf of the African Group, the Group of Latin American and Caribbean Countries GRULAC and the Philippines, said the panel of the Human Rights Council on the Rights of Migrants, held during the twelfth session, should lead to a consensus resolution that should achieve substantial changes of policies leading to the detention of migrants in centres. Other measures should be used to manage the migration phenomenon, and there should be a use of alternative solutions to detention of migrants, bearing in mind the need to reinforce human rights and the fundamental freedoms of all migrants and their family members. This goal had been partly achieved. The principle of the universality of human rights must be applied to the rights of migrants. The importance of the issue and of the sensitivity of the subject showed that it would be important to consider alternatives to detention. The High Commissioner should continue her initiatives in this field with the aim of supporting States in their search for alternative solutions, in particular by holding a seminar this year that could have as a theme the search for alternative solutions to the detention of irregular migrants and asylum seekers. All these initiatives should provide complementary and substantial elements allowing the Council to adopt a consensual resolution on the issue during its next sessions.

SALJUK TARRAR (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said the international community had come a long way since the adoption of the Universal Declaration of Human Rights. The Vienna Declaration and Programme of Action placed the human person as the central subject of human rights and of fundamental freedoms. Nevertheless, the implementation would remain an uphill struggle as millions were denied their fundamental freedoms and rights, including the right to self-determination which should be respected along with full respect for territorial unity. The existing international order continued to be led by selectivity. Full enjoyment of human rights was bound only to happen if diverse stakeholders joined to affirm their leadership in the field of human rights, the Organization of the Islamic Conference underscored, also saying that human rights were in constant movement and human rights instruments needed to reflect the development of history and to take into account current trends.

LAURA MIRACHIAN (Italy) said 17 years after the adoption of the Vienna Declaration and Programme of Action, its recommendations still represented a fundamental reference in the human rights agenda. The right of religious freedom was a fundamental right. Italy had put it at the core of its human rights policy domestically and internationally. To its dismay, in many countries, freedom of religion had not yet been guaranteed. Minorities had become the target of systematic killings. More and more, the recurrent targets of such persecutions had become Christians. All States had to ensure the full protection of the right to freedom of thought, conscious, religion and belief. Italy would remain active in the fight for freedom of religion and belief. It reiterated its full support to the Special Rapporteur on religious freedom and looked forward to his successor.

LUO CHENG (China) said 17 years ago, delegates gathered in Vienna, and made efforts for the adoption of the Vienna Declaration and Programme of Action by consensus, erecting another milestone for the global human rights cause. All human rights were universal, indivisible, interdependent and inter-related, and the international community must adopt human rights in a fair and equal manner. The Chinese Government attached great importance to the balance of the economic, social and cultural rights of its citizens, and had adopted an election law providing for equal representation by representatives from urban and rural areas. China was overcoming various difficulties brought by the financial and economic crisis, and had expanded its expenditure on education, health, and social security. The Vienna Declaration reiterated that the right to development was universal and indivisible, a basic part of human rights, but many years after the adoption of the Declaration, the goal of sustainable development was a goal beyond many developing countries, which had had their efforts hampered by the financial and economic crisis and by such phenomena as climate change. In tackling human rights, consideration must be given to national and cultural characteristics, as well as the religious background. Finger-pointing and humiliation would solve nothing. The Human Rights Council must live by the standards of fairness and avoid politicisation and double-standards, and play a positive and constructive role for the protection and promotion of all human rights.

ALEXEY GOLTYAEV (Russian Federation) said almost two decades had passed since the adoption of the Vienna Declaration and Programme of Action which aimed at practically implementing the goals of the Universal Declaration of Human Rights. The implementation of the provisions of the Vienna Declaration and Programme of Action must remain among the priorities of the work of the Human Rights Council. However, there was a persistent belief that human rights were only instruments to influence the beliefs of the people of some countries. Numerous attempts had been seen by various States and groups to place themselves above criticism of human rights. One also lost sight of the fact that human rights must act as a stimulus for a prosperous society rather than be perceived as an element leading to conflict. Also, there had been almost a complete loss of the ethical dimension of human rights. At the heart of standards and norms were the values of humanity and deeper understanding of those values may contribute to the promotion and protection of human rights.

DESRA PERCAYA (Indonesia) expressed Indonesia’s commitment to the promotion and protection of human rights, which had been reflected in the mainstreaming of human rights in all spheres. Indonesia’s National Action Plan included its accession to core human rights tools, wider human rights education, harmonization of legislation and more effective evaluation and reporting. 2009 had shown notable successes. Challenges remained and its efforts in that regard must continue. Human rights awareness had become an integral part of the curriculum. Over the past years, Indonesia had enacted laws such as the protection of women, children, migrant workers and anti-discrimination. The inadequate implementation of laws was one of the drawbacks of the National Action Plan. In conclusion, Indonesia reaffirmed its commitments to its continued efforts to mainstream and to improve existing human rights mechanisms.

EILEEN CHAMBERLAIN DONAHOE (United States) said 17 years ago, the World Conference on Human Rights stated that human rights and fundamental freedoms were the birthright of all human rights; their protection and promotion was the first responsibility of Governments. The United States took its responsibility to protect and promote human rights and fundamental freedoms seriously. The duty to guarantee the rights of citizens was the touchstone of the system of Government. The principle that each person possessed equal moral value was a simple, self-evident truth, but securing a world in which all could exercise the rights that were naturally theirs posed an immense practical challenge. The world had watched the events of the past several months in Iran with alarm, knowing of the large scale detentions and mass trials, the political executions, the intimidation of family members of the opposition, and the refusal to grant Iranian citizens their right to peaceful assembly and free expression. The United States joined other nations in condemning these events. Respect for different faiths was essential to the success of pluralistic societies, as was the right to speak freely. The United States stood for the defence of both freedom of religion and expression, and believed that the best way to promote tolerance and respect for all religions was through legal protections against discrimination and hate crimes, along with outreach to minority religious groups and public education campaigns.

IDRISS JAZAIRY (Algeria) said in adopting the Vienna Declaration and Programme of Action, a milestone had been made in reaffirming the primordial role that national human rights institutions played as organs that assisted the competent authorities in their efforts aimed at preventing and remedying human rights violations. Aware of the importance of national human rights institutions, Algeria had for its part established, in 2001, a National Commission for the Promotion and Protection of Human Rights. That was an independent organ with a consultative character to monitor, alter and evaluate human rights issues. To strengthen the role of that Commission and to raise its international profile, a presidential decree was made. Algeria reiterated its full commitment of the rights of peoples under colonial domination, or other forms of domination or foreign occupation, to self-determination which was enshrined in the Vienna Declaration and Programme of Action.

MIRANDA BROWN (Australia), speaking on behalf of New Zealand and Canada, said that the Vienna Declaration and Programme of Action reaffirmed that all human beings were entitled to the full enjoyment of all human rights. Australia, New Zealand and Canada thanked the United Nations High Commissioner for Human Rights for recognizing that no human should be subjected to discrimination, violence or abuse because of their perceived sexual orientation or gender identity. In that regard they were concerned that legislation in Uganda could provide for life imprisonment and even the death penalty for homosexuality. This Council’s mandate was to promote the universal respect for the protection of all human rights. Australia called on all States to promote and protect the human rights all. Sexual and gender identity must never be the basis for discrimination or abuse or deprivation of any human rights. Australia, New Zealand and Canada urged for all States to ensure the protection of human rights defenders.

RAUL MARTINEZ (Paraguay) said the Vienna Declaration stated that great importance should be attached to the protection and promotion of human rights of persons belonging to vulnerable groups, including migrants, and the strengthening and more effective implementation of human rights instruments. There was concern for the human rights situation of migrants, including in the developed world. Some sectors accused them of unfair competition, others of increasing crime. Migration should rather be seen as a result of structural poverty leading to inequality and social inclusion. There were shared responsibilities here - States had the obligation to adopt and maintain appropriate measures at the national level such as education and social support to protect these vulnerable groups and aid them to find solutions to their problems. The developed world needed to find a solution, and to understand that migrants did not bring problems, or poverty, but made significant economic contributions to the economies of the countries they adopted.

OMAR HILALE (Morocco) said with the Vienna Declaration and Programme of Action, a major step forward had been made in the development of international human rights law as it set out the principles of equality, indivisibility and inter-dependence of all human rights. The promotion and protection of human rights was dependent on recognizing those without any hierarchy. International human rights law was in development and the changes in society could not be ignored as constant changes, the Moroccan delegation said, underscoring that opportunism must be rejected. As for the right to self-determination, that had seen developments which had updated it, leading to resolutions that gave more sense to that right as well as its implementation. The United Nations Charter, the Vienna Declaration and Programme of Action, and the Non-Aligned Movement and the Organization of the Islamic Conference Declarations set that out, and pursuing this right did not mean an authorization for any action that could damage the integrity of Member States. In several conflict situations, autonomy was established with the consent of the population. Autonomy allowed a number of situations to move beyond status quo and ensured reconciliation.

JOANNA COLLINGE, of New Zealand Human Rights Commission, said the Vienna Declaration encouraged States to bolster human rights tools and called on the United Nations to protect them. The New Zealand Human Rights Commission highlighted how national human rights institutions had come together to contribute to the bolstering of such institutions. Over the last ten years, the New Zealand Human Rights Commission had grown into a national institution with a broad mandate to protect social, political and civil rights. It had welcomed the rigorous International Coordinating Committee’s accreditation process. It had also shared experiences and expertise with other institutions. It had learned about how to be more effective. Within the International Coordinating Committee, it had identified that more engagement with bodies was a priority. It was a privilege to contribute to new national institutions.

LUIS ORTIZ MONASTERIOS, of National Commission of Human Rights of Mexico, said as recognized in the Vienna Declaration and Programme of Action, national human rights institutions played an important and constructive role and a relevant function in the protection and promotion of human rights and their dissemination. The National Commission of Human Rights of Mexico had initiated a new administration and a new stage in its institutional life, with the main objective of enhancing the closeness to civil society, acting as effective defenders of those suffering from an abuse of power, and covering the needs of citizens in order to meet the demands of contemporary society. This year, the National Commission of Human Rights of Mexico was celebrating its twentieth anniversary, and was committed to continuing to work with the Human Rights Council and its mechanisms, as well as with the entire United Nations system for the protection and promotion of human rights.

GABRIELA RAMIREZ DEL MAR, of Non-Governmental Organization Network of National Human Rights Institutions of the Americas, underscored that the Non-Governmental Organization Network had made major efforts to foster training opportunities. In July 2007, it had held a seminar on social rights in Venezuela, organized by the Ombudsman’s Office through the Secretary-General. Following the statements made at that occasion, the participating institutions had adopted a number of conclusions, including that neither the economic crisis nor the lack of public resources may be used as an excuse not to implement the rights that States were under the obligation to meet. Another conclusion was that international human rights provisions on social rights should prevail in practice and take precedence over transnational commercial agreements. The Non-Governmental Organization Network reiterated its willingness to work with the Council on all matters relating to the promotion and protection of human rights.

KOFFI MENSAH ATTOH, of National Human Rights Commission of Togo, said recent political events in Togo had been dominated by the holding of elections. Although elections were themselves a difficult process and carried out in a climate of suspicion, ensuring human rights had remained a preoccupation of political actors and the international community. Nonetheless, the National Human Rights Commission of Togo had ensured respect for human rights at all stages of the elections. After the provisional and final results, it recommended that the Council invited protagonists to use existing legal mechanisms to contest the result and if necessary to carry out demonstrations. It stood by Togo in carrying out reforms in a consolidated and democratic manner and in reinforcing respect for human rights.

AHMED HERZENNI, of Advisory Council on Human Rights of Morocco, said human rights were effectively entrenched in Morocco's programmes and actions. The drawing up of the Plan of Action was launched in Rabat in April 2008, with the participation of all concerned stakeholders, Government departments, civil society and academic experts. The symposium was an opportunity to reinforce the importance of dialogue and the importance of coordination in this regard. Various issues had been discussed, such as organization and participation of stakeholders, identification of issues to be addressed and priorities to be established, as well as needs in terms of capacity building. The various parties concerned with the elaboration of the national strategy had begun a variety of meetings, all affirming their commitment to the project and the will to take an active role. A Steering Committee for the effective launching of the meeting had met in Rabat in December 2008 to discuss issues identified as priorities, including the thematic rights and categories and human rights and development. The setting up of these thematic groups was aimed at ensuring participation of stakeholders in discussions on priorities on the national plan.

RAMON CUSTODIO LOPEZ, of National Human Rights Commission of Honduras, said truth might cause offense to those who felt that their lies were not supported but the defense of human rights called for determination of what had actually happened and proclamation of that. Knowing how to seek and find the truth was an important step in the reparation for victims because their dignity and faith were reinforced in the unveiled truth. It was a first step in a process that ended with justice. Hiding or manipulation of the truth by other people was as grave as the concealment of the responsibility.

ALI AL-MERRY, of National Human Rights Committee of Qatar, spoke of the Euro Arab dialogue, a meeting of the national human rights institutions of Europe and the Arab world. That meeting sought to raise awareness of the rights of women. The aim was also to bolster the role of such institutions and to abide by the Paris Principles. The Euro Arab dialogue led to recommendations such as a call for the participation of women in executive and judiciary bodies as a necessity for democracy, so as to ensure the full participation of women in all legal and juridical bodies. The participation of these countries was used to encourage women to take part in decision-making. Equality before the law was also one topic for which a decision was taken. The institutions were also called upon to combat violence against women. Those were some of the broad issues that were covered in the Euro Arab dialogue.

KATRINE THOMASEN, of International Service for Human Rights, in a joint statement with several NGOs1, said the Vienna Declaration and Programme of Action emphasised the important work of human rights defenders and underlined the need for States and international organizations, in cooperation with non-governmental organizations (NGOs), to create favourable conditions at the national, regional and international levels to ensure the full and effective enjoyment of human rights. There was thus particular alarm at the tone of negotiations on the resolution on the protection of human rights defenders taking place during this session, with some Governments showing themselves to be more concerned with regulating NGOs than protecting human rights defenders. Many States seemed intent on using the draft resolution to selectively quote from, rewrite, or restrict the clear provisions of the Declaration on Human Rights Defenders. States should recognize the protection needs of all human rights defenders who often faced increased risks of violence, threats and harassment because of their peaceful activities.

RONALD BARNES, of Indian Council of South America, said the Vienna Declaration and Programme of Action contained the full realization of the right to self-determination, which had been denied by the Human Rights Council and had been taken off its agenda, despite the General Assembly adopting resolutions on an annual basis for the Human Rights Council to address all human rights violations, especially of the right to self-determination. Today, there was no place to bring complaints concerning the right to self-determination and no body to address this vitally important issue, which was the root of other human rights violations, including torture, disappearances, detention, extrajudicial killings and others. Why did the Human Rights Council not address or take up the question, or even allow for a study, the Indian Council of South America asked.

DAVID LITTMAN, of Association for World Education, in a joint statement with World Union for Progressive Judaism, paid homage to Sergio Vieira De Mello. The former High Commissioner for Human Rights had underscored that members of the Commission on Human Rights must carry responsibility and had wondered whether time had not come for the Commission to adopt a code of conduct for its members. Mr. De Mello had said that without universal respect for human rights the vision of the United Nations Charter would remain an illusion. He also said that the international community shall continue in the direction of history rather than being diverted from the cause it knew to be just. That statement was also the conclusion on the follow-up to the Vienna Declaration and Programme of Action, the Association for World Education said.

CINDY TAN, of United Nations Watch, noted that one of the most serious threats to women today was also one of the oldest traditions; every year, more than 5,000 women and girls were brutally murdered in “honour” killings. It was unacceptable that many countries – including some that were elected to this Council on a pledge to promote and protect human rights – tolerated honor killings that involved the murder of thousands of women and girls every year. That happened in countries like Iran, Saudi Arabia, Syria, Pakistan and Yemen. If the international community was to truly honour the principles of the Vienna Declaration on human rights, it must never forget that the very lives of their daughters and sisters were at stake.

CURTIS DOEBBLER, of North South XXI, emphasized the interrelated and interdependent nature of human rights and the need for coordination to achieve their respect. North-South XXI especially drew attention to the fact that implementing human rights required the provision of resources by developed countries to developing countries. It was regrettable that the European Union had recently decided to cut funding in the area of human rights education within the Palestinian territories.

PATRIZIA SCANELLA, of Amnesty International, said although in 2009 no one had been executed in Europe, last week the execution of two men in Belarus obscured that important milestone on the way to the abolition of the death penalty. The United Nations Human Rights Committee had asked Belarus not to execute them. Amnesty International was concerned that Belarus had still carried out the sentences despite Belarus being a State party to the International Covenant on Civil and Political Rights. Amnesty International urged the President of Belarus to ensure that the bodies of the two men were returned to their relatives, should they wish to receive them, or at a minimum to inform them of where their family members were buried, Amnesty International also called on Belarus to immediately establish a moratorium on the use of the death penalty and to commit Belarus to adhere to the Second Optional Protocol to the International Covenant on Civil and Political Rights.

SEMLALI AABADILA, of Centrist Democratic International, said the provisions of the Vienna Declaration and Programme of Action continued to be violated in many States. The question remained unanswered, but it was the following - what would happen to the Saharawis in the Tinduf? Upholding the principle of inviolability of borders would not help them. Algeria was carrying out terrible oppression, and all members of the Saharawi society in the Tinduf were subject to terrible exactions and discrimination. Despite the fact that the Vienna Declaration had played an important role in the rights of the child, their right to education and health had been taken away by the Polisario. The Council should help this population that was suffering to regain its dignity. All the articles in the Vienna Declaration should be implemented, particularly in the situation in the Tinduf.

DAVID LITTMAN, of World Union for Progressive Judaism, said the term of traditional or customary practice was a shameful and barbaric euphemism for a crime against girl-children, tens of thousands of whom in both Africa and Europe were being shamefully mutilated each year. In many countries, it was the Sharia ruling on excision which kept the female genital mutilation figures high. It would be well to consult in document 13/67 the report of Mona Zulficar, who explained that female genital mutilation was now banned by law in Egypt, but until the fatwa was passed by the Grand Sheikh this terrible barbarism would continue, as the law did not stop it.

JASJIT KAUR, of Indian Council of Education, said in today’s world women faced numerous obstacles to the enjoyment of basic human rights and continued to be the victims of pervasive discrimination and injustice. Millions of young women were trafficked into slavery and prostitution before our very eyes. Gender-related characteristics were embedded in poverty, social violence and militarism. War and injustice illuminated certain gender perspectives, particularly the denial of human rights of women and the legitimizing of women as targets of violence in war. There was an immediate need for mainstreaming women’s rights and integrating them in the Council’s programmes and procedures.

Mr. R.K.JOSHI, of Commission to Study the Organization of Peace, said the World Conference on Human Rights and the resulting Vienna Declaration and Programme of Action was a historical milestone which resulted in the recent history of international human rights in terms of creating human rights mechanisms. However, the Commission to Study the Organization of Peace underscored that looking into the enjoyment of human rights in practice revealed that the basic human rights of the Universal Declaration remained illusory. It also observed with regret the absence of political will on the part of the United Nations and its Member States to uphold the commitments made during the World Conference on Human Rights and those included in the Vienna Declaration and Programme of Action.

AJIT SINGH, of World Peace Council, said it was now widely acknowledged that the preservation of human rights of individuals and groups was possible only through close cooperation between civil society and Nation States. In that respect, civil society and non-governmental organizations played an extremely important role in acquainting public opinion about various developments. One of the biggest problems facing the international community was the upsurge in extremism and fundamentalism. Civil society had a crucial role to play in sensitising the global community about attempts by different groups to destabilize democratic Nation States. There was no need for separatist agendas on grounds of religion and language.

MOULAY AHMED, of Action internationale pour la paix et le développement dans la région des Grands Lacs (AIPD), said the Vienna Declaration stipulated that, among other things, development was an inalienable right. The Sahrawi people were sequestrated in that region. All obstacles had prevented them from enjoying their rights. They had been prevented from returning to Morocco where they could enjoy their rights fully. In that regard, Morocco, through its initiatives and institutions for development, had implemented a policy on health, transportation and communications, which ensured development. Unfortunately part of the sequestrated population was not able to enjoy these rights. The principle remained instrumentalzed subject to ideological considerations.

LAKHLIFI NHABOUHA, of Latin American Federation of Associations of Relatives of Disappeared Detainees, said the Vienna Declaration and Programme of Action stated that effective international measures to guarantee and monitor the implementation of human rights standards should be taken for people under foreign occupation, and legal redress for the violation of their human rights should be provided under international law. Since 1991, the United Nations mission for the referendum in Western Sahara had been in the field without reaching its goal, namely to achieve a self-determination referendum, and no measures had been implemented by the United Nations to uphold human rights in this territory. Serious violations of human rights in the Western Sahara would have been halted had this been the case.

BERHANE RASWORK, of Inter-African Committee on Traditional Practices affecting the Health of Women and Children, in a joint statement with Women's Federation for World Peace International, said while advances had been made, mainstreaming women's rights was far from a reality. Traditions and belief systems had been shaped over the years into cultures that were dominated by patriarchy. The Universal Declaration of Human Rights was adopted within the context of universality and interdependence to support the human rights of all. Human rights were women's rights. The use of traditional beliefs, practices and cultural beliefs underpinned many violations committed against women, and thus cultural relativism should not be allowed to justify these violations. This was the twenty-first century, and historical analysis was useful to determine where a situation came from, but a gender-equality lens should be used to see the way forward for the world community. The Council should make the participation of women of all sectors, including indigenous and rural, a positive thing.


Right of Reply

MOHAMAD REZA GHAEBI (Iran), speaking in a right of reply, said Iran wished to draw the Council’s attention to the politically motivated statement delivered by the United States. That statement was completely out of context and contained baseless accusations against Iran. Those unsubstantiated allegations were attempts to distract the attention of the international community and public opinion from the severe human rights violations and crimes committed by the United States in Iraq and Afghanistan as well as those occurring inside the United States and in the Occupied Palestinian Territories.

1Joint statement on behalf of: International Service for Human Rights, Canadian HIV/Aids Legal Network, Cairo Institute for Human Rights Studies, Amnesty International, Human Rights Watch, and Al-Haq, Law in the Service of Man.



For use of the information media; not an official record

HRC10/042E