HUMAN RIGHTS COUNCIL ADOPTS TWO RESOLUTIONS ON CULTURAL RIGHTS AND ENFORCED OR INVOLUNTARY DISAPPEARANCES

The Human Rights Council this morning continued its scheduled programme of voting, adopting two resolutions on the promotion of the enjoyment of cultural rights, and on enforced or involuntary disappearances.

In the first resolution, the Council called upon all Governments to cooperate with and assist the Independent Expert on the promotion of the enjoyment of cultural rights in the discharge of her mandate.

In the second text, the Council called upon Governments to offer support to all victims of enforced disappearances, especially women and children affected by this crime, and to ensure that competent authorities in charge of investigation and prosecution were provided with adequate means and resources to resolve cases and bring perpetrators to justice. The Council also encouraged the General Assembly to proclaim 30 August the International Day of the Victims of Enforced Disappearances.

Speaking in introduction of resolutions were Cuba, France, Morocco and Argentina.

Speaking in general comments were France on behalf of the European Union and the United States.

The next meeting of the Council will be at 3 p.m. this afternoon, when it will conclude its scheduled programme of voting on texts, after which it will close the fourteenth session.


Action on Draft Resolutions Under Agenda Item on the Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights

In a resolution (A/HRC/14/L.14) on the promotion of the enjoyment of the cultural rights of everyone and respect for cultural diversity, adopted without a vote as orally amended, the Council reaffirms that cultural rights are an integral part of human rights; recognizes the right of everyone to take part in cultural life and to enjoy the benefits of scientific progress and its applications; reaffirms that it is the duty of the States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms; recalls that no one may invoke cultural diversity to infringe upon human rights guaranteed by international law, nor to limit their scope; recognizes that respect for cultural rights is essential for development, peace and the eradication of poverty, building social cohesion, and for the promotion of mutual respect, tolerance and understanding between individuals and groups, in all their diversity; reiterates its call upon all Governments to cooperate with and assist the independent expert in the discharge of her mandate; requests the United Nations High Commissioner for Human Rights to provide all the necessary human and financial resources for the effective fulfilment of the mandate by the independent expert; requests the independent expert to present her next report to the Council at its seventeenth session.

RESFEL PINO ALVAREZ (Cuba), introducing draft resolution L.14, thanked the many delegations that had sponsored the draft and extended gratitude to all delegations which had committed themselves to the negotiation process. This draft followed up on the work of this Council in this important area and the establishment of the new Special Procedure in the area of cultural rights. The draft also took note of the recognition of the first report of the Independent Expert on cultural rights and flagged areas of concern and priorities for further work. As stated by the Independent Expert in her report, the respect for cultural rights and cultural diversity were a mutually supporting and reinforcing concept. Cuba regretted there were still unjustified fears and tendencies to equate cultural diversity with cultural relativism and hoped that the work of the Independent Expert could further contribute to a better understanding of those aspects and to the creation of an atmosphere of trust.

JEAN-BAPTISTE MATTEI (France), speaking in a general comment on behalf of the European Union, said the European Union had decided to join the consensus on L. 14. The European Union attached the greatest importance to the promotion and protection of all human rights, including cultural rights and cultural diversity. As asserted in the pertinent conventions, cultural diversity lay in the plurality of identities that characterised the groups and societies of which humanity was composed. Cultural diversity could only be promoted and protected if human rights and fundamental freedoms were guaranteed. No one should invoke cultural diversity to undermine human rights or change their scope. The European Union had attempted to ensure that the draft resolution did not contain text that might be used to justify human rights violations or abuses; human rights and cultural diversity should rather reinforce each other. The European Union would have preferred that the title of the draft resolution not only referred to one aspect of the work of the Independent Expert on cultural rights, but it was happy that common ground and a common understanding had been found with that mandate holder.

JOHN C. MARIZ (United States), speaking in a general comment, said the United States supported the diversity of culture, dialogue and tolerance between all peoples and cultures. Cultural diversity could strengthen human rights, and improve legal protections for minority groups. Human rights were universal, and all Governments were responsible for protecting them under international human rights law. The United States believed that the respect for human rights substantially enhanced respect for diversity. However, the concept of cultural diversity could be misused by non-democratic Governments - it should not be used to limit the enjoyment of human rights. It should be used to help all to achieve a better world.

In a resolution (A/HRC/14/L.19) on enforced or involuntary disappearances, adopted without a vote as orally amended, the Council calls upon Governments to offer support to all victims of enforced disappearances, especially women and children affected by this crime; also calls upon Governments to prevent the occurrence of enforced disappearances, including by ensuring that secret places of detention and interrogation were abolished; urges Governments to continue their efforts to elucidate the fate of disappeared persons and to ensure that competent authorities in charge of investigation and prosecution are provided with adequate means and resources to resolve cases and bring perpetrators to justice, including after considering the establishment, where appropriate, of specific judicial mechanisms or truth and reconciliation commissions that complement the justice system;
requests the Office of the United Nations High Commissioner for Human Rights to organize, within existing resources, a one-day event to commemorate the thirtieth anniversary of the Working Group on enforced or involuntary disappearances; encourages the General Assembly to proclaim 30 August the International Day of the Victims of Enforced Disappearances; and requests the Working Group to prepare a report for submission to the Human Rights Council at its sixteenth session on best practices on enforced disappearances in domestic criminal legislation based on inputs solicited from Member States.

JEAN-BAPTISTE MATTEI (France), introducing draft resolution L.19 on enforced or involuntary disappearances, said France had been presenting a draft resolution on this topic every year and in its national capacity. This year it had decided to change the approach and had included other States from other regions. Thirty years had passed since the creation of the Working Group on enforced or involuntary disappearances and it had been almost four years since the General Assembly had adopted with consensus the International Convention for the Protection of All Persons from Enforced Disappearances. Still, this scourge persisted throughout the world and thousands of persons still suffered from forced disappearances and this must end. International efforts must be stepped up and therefore France decided to include other States in the project of the resolution. France thanked Argentina and Morocco for joining this initiative and thus showing the universality of human rights and the common will to protect and respect them in the entire world.

OMAR HILALE (Morocco), also introducing L.19, said this draft resolution was the fruit of long and constructive discussions. Morocco’s interest to this initiative demonstrated the country’s irreversible commitment to safeguarding human rights, democracy and the rule of law. The strongest manifestation of that engagement was the establishment of the body for equity and reconciliation in Morocco, which had reviewed all past human rights violations, including forced disappearances. That experience of transitional justice had been considered by the Working Group on enforced or involuntary disappearances as a pioneering experience in the region. Morocco had also committed itself to promoting the topic of forced disappearances internationally, and today’s draft resolution represented a new benchmark in this field. The draft resolution before the Council served three objectives; that a one-day event to commemorate the thirtieth anniversary of the Working Group be organised; that 30 August was proclaimed the International Day against Forced and Involuntary Disappearances; and that the Working Group elaborated a report on best practices in terms of national legislation regarding the fight against forced disappearances.

ALBERTO J. DUMONT (Argentina), also introducing the draft resolution, said this was not just one more resolution of the Human Rights Council - there was a close link between the Working Group and the tragic national experience and history of Argentina. Since its return to democracy, Argentina had done its utmost to cooperate with the Working Group, and to identify forced disappearances and punish them. Argentina then introduced some oral amendments to the text.


For use of information media; not an official record

HRC10/084E