Human Rights Council holds interactive dialogue with High Commissioner for Human Rights on Situation of Human Rights in Libya

Human Rights Council
MIDDAY 10 June 2011

Holds General Debate on Follow-Up and Implementation of the Vienna
Declaration and Programme of Action

The Human Rights Council at its midday meeting today held an interactive dialogue with the High Commissioner for Human Rights regarding the situation of human rights in Libya, which was followed by a general debate on its agenda item on the follow-up and implementation of the Vienna Declaration and Programme of Action.

United Nations High Commissioner for Human Rights, Navi Pillay, presenting her report on the situation of human rights in Libya, noted that given the fluctuating situation in Libya and the lack of possibility to deploy the Office of the High Commissioner for Human Rights’ own staff on the ground, OHCHR had been unable to verify and assess the totality of allegations received. The report set out the allegations as were related to OHCHR. Information by all the sources indicated that a significant number of human rights violations were committed by the Government forces in Libya and were likely to amount to serious violations of both international human rights and humanitarian law in breach of Libya’s international obligations. Violations included arbitrary deprivation of life, torture and ill-treatment, sexual violence, arbitrary detentions and enforced disappearances, and violence against children. The report also included allegations of violations committed by armed groups, connected with the opposition, as well as allegations of casualties caused by international forces’ air strikes. Allegations of violations reportedly committed by opposition forces were considerably less frequent.

Rashid Khalikov, Director of the Office for the Coordination of Humanitarian Affairs, said that as they were all too aware, in most conflicts it was the civilian population that suffered the most. They were directly exposed to the violence and became innocent victims of indiscriminate shelling and retaliation from various armed groups. As documented by a series of assessments, their living conditions and capacities to cope had been severely eroded due to the decreasing availability of basic supplies and services in terms of electricity, fuel, food, medical care, to mention just a few. Measuring the short and longer-term impact on the population was extremely challenging. Insecurity and lack of access to several conflict areas continued to pre-empt effective assessments and delivery of assistance to all civilians in need.

Yacoub El Hillo, Director of the Regional Bureau for North Africa and the Middle East of the United Nations High Commissioner for Refugees, said before the crisis, there had been 11,000 refugees and asylum-seekers registered with the United Nations High Commissioner for Refugees in Libya, but that had not been a final number. The estimate was that there were about 50,000 persons of concern in Libya waiting for protection and solutions. About one million people had left Libya since the crisis began, fleeing to Egypt, Tunisia, Sudan and other countries. Some of those fleeing across the Mediterranean had lost their lives in attempts to reach safety. The situation was dire, mainly due to limited access for humanitarian organizations and the increase in the number of internally displaced persons. Mr. El Hillo expressed the hope that the conflict would soon come to an end, and that those displaced would be able to go back home.

In the interactive dialogue, speakers asked the Human Rights Council to hold Muammar Gaddafi accountable and to work to meet the needs of the Libyan people. Human rights violations were being attributed to the Gaddafi regime. An investigation should be conducted and the perpetrators brought to justice and redress provided to victims. Speakers said that they shared conclusions from the report of the High Commissioner that all the alleged violations of international humanitarian law deserved genuine and effective investigations, and said they would continue to provide humanitarian assistance to refugees in neighbouring countries and were ready to conduct operations to support humanitarian action in the region according to the principles of independence, impartiality and neutrality.
Speakers were particularly concerned by the fact that abuses of human rights were occurring in context of the suspension of the judicial processes, the absence of a structure for internal security and policing and the absence of any civilian oversight of detention facilities. They expressed concern over the lack of a presence in Libya of the Office of the High Commissioner for Human Rights and the regular United Nations partners at relevant locations.

Speaking in the interactive dialogue were the United States, Argentina, European Union, Jordan, France, Palestine on behalf of the Arab Group, United Kingdom, and Spain.

The following non-governmental organizations also took the floor: Amnesty International, International Educational Development, CIVICUS, Rencontre Africaine pour la défense des droits de l’homme, and Press Emblem Campaign.

In the general debate on the Vienna Declaration and Programme of Action, speakers said that the Vienna Declaration and Programme of Action had been adopted at the time of great enthusiasm and hope that there would be democracy and development for all. The change witnessed now in the Arab world was in demand of democracy and rule of law. The Vienna Declaration and Programme of Action left no doubt that people in the Arab world were entitled to democracy like everyone else. Without political participation there could be no democracy. The Vienna Declaration and Programme of Action were groundbreaking in making the promotion and protection of human rights a legitimate concern of the international community and since then the situation of citizens was not regarded as a national issue only and the international community had an obligation to protect the rights of all and support their enjoyment. The Vienna Declaration and Programme of Action asserted that all human rights were interdependent and interrelated. The positive potential in that statement had been amply demonstrated by the incredible spread and use of modern communication technologies. These technologies had enabled ordinary citizens in all corners of the world to disseminate their views and communicate with others on a scale that was quire unimaginable not long ago. Speakers said they remained firmly committed to ensuring that human rights of all persons were protected and said that the human rights of many marginalised groups remained poorly protected. This threat was particularly acute for lesbian, gay, bisexual and transgender persons whose very existence was denied by many Governments and who faced horrific violence and repression around the world.

Participating in the general debate were Hungary on behalf of the European Union, Paraguay on behalf of the Southern Common Market (MERCOSUR), Sweden on behalf of a Group of 40 States, United States, China, Russian Federation, Poland, Brazil on behalf of the Group of Latin American and Caribbean Countries, Algeria, and Iran.

The following non-governmental organizations also took the floor: International Educational Development, European Region of the International Lesbian and Gay Federation, Marangopoulos Foundation for Human Rights jointly with the Inter-African Committee, World Union for Progressive Judaism, France Libertés: Fondation Danielle Mitterrand, United Nations Watch, Amnesty International, Mouvement contre le racisme et pour l’amitié entre les peoples, Liberation, Union D’action Feminin, International Youth and Student Movement for the United Nations, Indian Council of South America, and Organisation pour la communication en Afrique et de Promotion de la Cooperation Economique Internationale, Agence Internationale pour le Developpement.

At the end of the meeting, the President of the Council Sihasak Phungketkeow said that the Council under its Complaint Procedure had examined the situation in Tajikistan and had decided to keep the situation in that country under review.

The Council today is holding a full day of meetings from 9 a.m. to 6 p.m. In the afternoon meeting, it will hold the second part of its annual day of discussion on the rights of women, with a focus on conflict-related violence against women.

Documentation

The Report of the High Commissioner on the situation of human rights in the Libyan Arab Jamahiriya, (A/HRC/17/45), provides follow-up information on the situation of human rights in the Libyan Arab Jamahiriya, as requested by operative paragraph 13 of resolution S-15/1 of 25 February 2011.

Introductory Statements

NAVI PILLAY United Nations High Commissioner for Human Rights, noted that given the fluctuating situation in Libya and the lack of possibility to deploy the Office of the High Commissioner for Human Rights’ own staff on the ground, OHCHR had been unable to verify and assess the totality of allegations received. The report set out the allegations as were related to OHCHR. Information by all these sources indicated significant numbers of human rights violations were committed by the Government forces in Libya and were likely to amount to serious violations of both international human rights and humanitarian law in breach of Libya’s international obligations. The violations included arbitrary deprivation of life, torture and ill-treatment, sexual violence, arbitrary detentions and enforced disappearances and violence against children. The report also included allegations of violations committed by armed groups, connected with the opposition, as well as allegations of casualties caused by international forces’ air strikes. Allegations of violations reportedly committed by opposition forces were considerably less frequent. All parties to the conflict were urged, including NATO forces, to exercise the utmost caution and vigilance so as to avoid civilian casualties. The report condemned attacks against civilians that had been carried out since the beginning of the uprising in February and that were still ongoing. It was emphasized that the parties to the armed conflict bore the primary responsibility for putting the protection of civilians at the centre of their considerations. Parties to the conflict were also urged to ensure the full protection of women and children who were particularly vulnerable in situations of armed conflict. The findings of the International Commission of Inquiry, now before the Council, reflected the evidence collected in the course of investigations on the ground.

The High Commissioner for Human Rights noted that the plight of migrants and refugees, within and outside Libya was deeply alarming. Humanitarian agencies and Member States, notably countries bordering Libya, had carried out an impressive coordinated response to the crisis, evacuating thousands of third country nationals and wounded persons by air and by sea. However, hundreds of persons, many of them refugees, seeking to flee Libya were unable to do so. There were also disturbing accounts of refugees who had survived life threatening journeys to Europe, many of whom had previously fled armed conflict or persecution, and who, therefore, had become refugees for a second time. Migrants and refugees had human rights, regardless of their legal status, and they were particularly vulnerable to all kinds of violations of human rights and therefore needed special protection. The onus of receiving migrants, refugees and other displaced persons fleeing Libya had fallen disproportionately on countries within the region. Tunisia had welcomed close to 400,000 Libyans. Egypt hosted 285,000. Others had reached Algeria, Chad and Sudan. In comparison, 13,000 had fled to the Italian island of Lampedusa and 1,100 to Malta. The High Commissioner said she recognized that these migration flows posed challenges to countries in Europe, but forcefully underscored that receiving States had the responsibility to take all necessary measures to ensure that all refugees and migrants from Libya were treated with respect for their human dignity, and in conformity with international human rights standards.

RASHID KHALIKOV, Director of the Office for the Coordination of Humanitarian Affairs, said that he was representing his colleague Panos Moumtzis, the Humanitarian Coordinator for Libya, who was in the region taking care of previous obligations. As they were all too aware, in most conflicts it was the civilian population that suffered the most. They were directly exposed to the violence and became innocent victims of indiscriminate shelling and retaliation from various armed groups. As documented by a series of assessments, their living conditions and capacities to cope had been severely eroded due to the decreasing availability of basic supplies and services in terms of electricity, fuel, food, medical care, to mention just a few. Measuring the short and longer-term impact on the population was extremely challenging. Insecurity and lack of access to several conflict areas continued to pre-empt effective assessments and delivery of assistance to all civilians in need. The total number of people who had left Libya and had not returned was over 635,000 of which some 280,000 were third country nationals and over 250,000 nationals from neighbouring countries. Some 56 per cent of Libyan nationals crossing the border to Ras Ajdir, Tunisia and 87 per cent of Libyans crossing the border at Saloum, Egypt had returned to Libya. Over 160,000 Libyans were living in Tunisia and Egypt since the start of the crisis in February. Most Libyans were living with host families or renting housing.

Mr. Khalikov went on to say that the number of internally displaced was about 250,000; 160,000 of these internally displaced persons were located in government controlled areas while 90,000 were in non-government controlled areas. In the south of Libya, the International Organization for Migration had been able to access Chadians and Nigeriens and had set up reception centres at the border. Up to 25,000 Chadians remained stranded in Gatroum in south western Libya, and the International Organization for Migration had received clearance from the Government to travel to the area and organize evacuations to Chad. Concerns over migrants fleeing by boats had again increased over the past week. At least 150 people drowned and scores remained missing after a boat capsized off the Tunisian coast on 1 June 2011. An overcrowded boat carrying an estimated 850 people, mostly from West Africa, Pakistan and Bangladesh, was heading from Tripoli to Lampedusa. Their tragedies should not be ignored. Based on data and information available, 15 per cent of the population of Libya overall, both Libyans and non-Libyans, may have been displaced as a result of the crisis. While this represented an indicative figure, it meant that there was a need to provide more humanitarian assistance in the short term and to find a solution to the crisis as soon as possible. The revised humanitarian flash appeal called on donor countries and other parties to provide $ 407 million in order to meet the most urgent humanitarian needs of the affected civilians inside and outside Libya; so far this appeal was 47 per cent covered.

In conclusion, Mr. Khalikov said that the key message he wished to convey on behalf of Panos Moumtzis, the Humanitarian Coordinator in Libya, OCHA and its partners, was their hope that a solution to the present crisis would soon be found. They were clearly at a crossroad with their humanitarian work and they needed to demonstrate the principles and values they pursued, to show flexibility in view of the constantly changing environment on the ground and to act in a decisive and proactive way while safeguarding their independence and neutrality. They were very privileged to have on the ground a very responsive and dynamic team of UN agencies and non-governmental organizations who had been able to achieve so much and so fast while working in such a difficult environment. The road ahead was even more challenging and they therefore needed to be ready in terms of emergency preparedness and response for the worst still to come. There were clear expectations of them from all sides, and most importantly from the aspirations of the Libyan people who looked to the humanitarian workers as the sole actors able to deliver.

YACOUB EL HILLO, Director of the Regional Bureau for North Africa and the Middle East of the United Nations High Commissioner for Refugees, said that the account of the humanitarian situation in Libya provided by the Director of the United Nations Office for the Coordination of Humanitarian Affairs was very accurate. Mr. El Hillo said he would provide more information on persons of concern in Libya and on those who had crossed international borders. Before the crisis, there had been 11,000 refugees and asylum-seekers registered with the United Nations High Commissioner for Refugees, but that had not been a final number. The estimate was that there were about 50,000 persons of concern in Libya waiting for protection and solutions. About one million people had left Libya since the crisis began, fleeing to Egypt, Tunisia, Sudan and other countries. Some of those fleeing across the Mediterranean had lost their lives in attempts to reach safety. The situation was dire, mainly due to limited access for humanitarian organizations and the increase in the number of internally displaced persons. Mr. El Hillo expressed the hope that the conflict would soon come to an end, and that those displaced would be able to go back home.

In Tunisia, the refugees were mainly staying with host families, straining the phenomenal Tunisian generosity and while the international community was trying to assist Tunisia in carrying this burden, Mr. El Hillo reiterated the appeal of the High Commissioner for Human Rights not to take the generosity of Tunisia for granted but to come to their aid and assist the refugees. It was important to look to Europe, North America, Australia and others, and their resettlement programmes. So far about 900 places had been offered, and Mr. El Hillo appealed to countries to offer more so that refugees could move from camps to their new homes. The need was estimated at 6,000 immediate resettlement places and it was obvious that there was a shortfall which international solidarity needed to fill. Finally, it was important to join the appeal of the United Nations Office for the Coordination of Humanitarian Affairs to continue supporting humanitarian partners, delivering assistance and finding the solution for the growing number of people in need. Without this generosity, the efforts would have to be scaled down and the price would be paid in human lives.

Interactive Dialogue

EILEEN CHAMBERLAIN DONAHOE (United States) asked the Human Rights Council to hold Gaddafi accountable and to work to meet the needs of the Libyan people. Human rights violations were being attributed to the Gaddafi regime. Although the regime played lip service to the cease fire and peaceful transition, its actions told a different story. There continued to be reports of sexual attacks and attacks on hospitals and humanitarian deliveries. The regime had issued threats and called for retribution against its own citizens. The Gaddafi regime had denied human rights to its people for 40 years and had blocked good faith efforts to institute a cease fire and start towards a democratic transition.

GONZALO M. JORDAN (Argentina) said that Argentina was concerned about the human rights violations in Libya. Argentina welcomed the report prepared by the High Commissioner and reiterated that Argentina felt the State must protect international law and the rights of citizens. An investigation should be conducted and the perpetrators brought to justice and redress provided to victims. The Council should continue to consider the human rights situation in Libya.

MARIANGELA ZAPPIA (European Union) said that the European Union shared conclusions from the report of the High Commissioner that all the alleged violations of international humanitarian law deserved genuine and effective investigations. The European Union would continue to provide humanitarian assistance to refugees in neighbouring countries and was ready to conduct operations to support humanitarian action in the region according to the principles of independence, impartiality and neutrality. The European Union had repeatedly denounced the gross human rights violations against civilians by the Gaddafi regime. Those responsible must be held accountable and the European Union welcomed the steps undertaken by International Criminal Court to implement international human rights law. The European Union fully supported the cross-regional resolution extending and expanding the mandate of the Commission of Inquiry. Finally, the European Union asked for the opinion of the High Commissioner on the engagement with Libya now and in the future.

MAJD HATTAR (Jordan) thanked the High Commissioner for providing an update on the human rights situation in Libya and expressed gratitude to the High Commissioner and her team for all the support and assistance rendered to the International Commission of Inquiry. Jordan wished to ask the High Commissioner to elaborate more on the needed actions to address the suffering of civilians, especially women and children, particularly in view of recent reports that rape had been used as a tool of war by the regime in Tripoli.

JEAN-BAPTISTE MATTEI (France) thanked the High Commissioner for her report. The extent of human rights violations and international humanitarian law by Gaddafi forces were overwhelming, practicing forced disappearances, torture and attacks against civilians. They were particularly shocked by allegations of murder and sexual attacks against women. These were massive violations and France firmly supported battling impunity. The only legitimate authority representing the Libyan people was the National Transitional Council. The first priority for France had been the repatriation of people from third countries out of Libya and they had helped with an air bridge to evacuate people back to their countries of origin. France called on Member States of the Council to unanimously support the resolution on the human rights situation in Libya which would be submitted next week.

IMAD AL ZUHAIRI (Palestine), speaking on behalf of the Arab Group, said that the Arab Group appreciated the effective role played by the High Commissioner in offering adequate support to the mandate of the Commission of Inquiry and the diligent work on the promotion and protection of human rights in Libya. The Arab Group asked the High Commissioner about her views on priorities in dealing and putting an end to human rights violations in Libya and also what she considered adequate means and rehabilitation of victims. The Arab Group fully supported the work of the High Commissioner and added that there was a need to exert more work in protecting human rights and in responding to the aspirations of the Libyan people.

MELANIE HOPKINS (United Kingdom) thanked the High Commissioner for her informative statement regarding Libya. The United Kingdom shared concerns about the further deterioration in the human rights situation in Libya and was gravely concerned by the widespread credible and consistent reports of systematic human rights violations. The United Kingdom was appalled by reports of huge civilian casualties in Zawiya and Misrata and now had similar concerns for the towns in the Nafusa Mountains where there continued to be reports of attacks and the blocking of humanitarian supplies. It was therefore vital that the Council continued to support the people of Libya in calling for free, full and unimpeded access to Libya for international humanitarian organizations and human rights bodies. The United Kingdom asked the High Commissioner to assess the immediate human rights priorities of the Libyan population affected by the conflict. The United Kingdom also inquired what effect the conflict had had on children and what more could be done to promote and protect their human rights.

MANUEL ALHANA (Spain) said that Spain was grateful for the report presented by the High Commissioner and they regretted that the situation in the country had prevented the High Commissioner from assessing the entire situation on the ground. The report was hair-raising with its tales of disappearances, torture and other human rights violations. The culprits must be prosecuted with the intervention of the International Criminal Court and brought to justice. It was of vital importance that humanitarian assistance reached those who required it and pressure from the international community was key in this process. Spain asked what role the High Commissioner envisaged her Office playing in post-conflict Libya.

PETER SPLINTER, of Amnesty International, said that Amnesty International had documented violations of international humanitarian law and international human rights law by the Gaddafi forces which in some cases amounted to war crimes and crimes against humanity. Amnesty International had also confirmed abuses committed with impunity by individuals supporting the 17 February revolution. Amnesty International was particularly concerned by the fact that those abuses were occurring in context of the suspension of the judicial processes, the absence of a structure for internal security and policing and the absence of any civilian oversight of detention facilities. Amnesty International urged the Human Rights Council to extend the mandate of the Commission of Inquiry to enable it to pursue its investigations and encouraged the Commission to visit additional parts of Libya.

KAREN PARKER, of International Educational Development, expressed concern over the lack of a presence in Libya of the Office of the High Commissioner for Human Rights and the regular United Nations partners at relevant locations. International Educational Development requested that the Office of the High Commissioner for Human Rights establish an on-going presence in Benghazi and undertake regular interactions with the National Transitional Council. As in all armed conflicts, the civilians in Libya were at great risk and International Educational Development was concerned by threats of the Libyan authorities that civilians would be used to shield legitimate military targets. The situation in Western Libya had created a catastrophe as hundreds of thousands of non-Libyans fled into neighbouring countries. International Educational Development asked the High Commissioner about the information she had concerning the international response to the fleeing of 300,000 Libyans and what could be done about African workers who could not go back to their country of origin. Also, International Educational Development wanted to hear from the High Commissioner about the best ways to monitor this situation and how the initiatives could be revamped to better prevent gross human rights violations.

RENATE BLOEM, of CIVICUS - World Alliance for Citizen Participation, welcomed the detailed update of the High Commissioner and lauded the continued calls for impartial investigations, protection of journalists and restraint in military interventions. It was worthwhile to recall the legal framework and applicable laws both for State and non-State actors. CIVICUS wanted to nevertheless put the spotlight on the peculiar governance structure of the Jamahiriyan system instituted by the Gaddafi regime. Paramilitary and security apparatuses consolidated a climate of fear, mistrust and submission in Libya. CIVICUS noted the tremendous challenges present during these times of revolutionary transition and reiterated and supported the call for staying focused on addressing the root causes which had brought the people to the streets and to establish transitional justice and an institutional framework in which it could function. CIVICUS supported the Commission of Inquiry’s request to the Council to extend its mandate.

BIRO DIAWARA, of Rencontre africaine pour la défense des droits de l'homme, in a joint statement with United Towns Agency for North-South Cooperation, thanked the High Commissioner for her report and supported her activities to shed light on the activities in Libya. Recontre Africaine pour la défense des droits de l’homme called on States to consider the duty and right to intervene concerning xenophobia and racism against migrant workers. Recontre Africaine pour la défense des droits de l’homme remained concerned about the number of African migrants taken hostage, who had been accused by both sides of being mercenaries. Racism against black Africans had been widespread throughout the conflict. A major concern was how to protect the rights of these vulnerable victims. African States should endeavor to protect their citizens. Efforts must be better coordinated among the United Nations and other humanitarian bodies in order to avoid a major humanitarian disaster. The coalition should also shoulder their obligations in terms of protecting migrants and refugees in accordance with international law.

GIANFRANCO FATTORINI, of Press Emblem Campaign, wanted to draw the Council’s attention to the five journalists from Qatar, Libya, the United Kingdom, the United States and South Africa who were killed during the current conflict in Libya. They were ambushed and targeted. Dozens of others were detained and brutally treated, and many had disappeared. The Press Emblem Campaign asked the High Commissioner whether those responsible for the killing of these five journalists would be brought to justice in the future, as well as those who had intimidated and tortured journalists. The second point regarded existing international law provisions and whether they were sufficient to protect journalists in military conflicts or whether there was an urgent need to look into this global matter by discussing and introducing new guidelines to protect journalists in military conflicts and situations of civil unrest. The ongoing conflicts such as the Libyan one showed without a doubt that media work was challenged by unprecedented dangers and new situations that made it impossible for journalists to register as witnesses of gross human rights violations.

Concluding Remarks

NAVI PILLAY, United Nations High Commissioner for Human Rights, in her concluding remarks thanked the delegations and non-governmental organizations for their comments on the report. There was an extensive discussion in the Council on the occasion of the presentation of the report by the Commission of Inquiry yesterday, focused on the issues of violations and accountability. The discussion today was particularly important as the Council heard from humanitarian partners and now had elements for a holistic plan. The priorities now were the protection of civilians, particularly women and children, and the protection of their rights to life, food and water. Protection issues ranked highest and the High Commissioner was very pleased to hear the calls today for full and impeded access to Libya for humanitarian agencies and human rights bodies. Lack of access to the field impeded the work of the Office of the High Commissioner for Human Rights. The Office would continue to be actively engaged with the work of the Commission of Inquiry, pursuant to the decision of the Human Rights Council and would deploy staff to Libya to monitor the human rights situation and the conduct of all parties. Also, the Office would take part in other United Nations initiatives and would be part of the United Nations responding as one. Tunisia would be of a particular importance as one country that undertook un-proportionate burden in assisting refugees.

In closing, the High Commissioner noted that any future viable political solution in Libya would flounder if human rights were not one of the main pillars of peace solution. The High Commissioner shared the concern expressed today about the safety of journalists and said that the perpetrators of crimes against journalists must be prosecuted. The Office of the High Commissioner for Human Rights would also seek to provide assistance for transitional justice processes based on inclusive and transparent consultations with all parties. The State institutions must be built practically from the ground in Libya and the Office stood ready to assist Libyan people in this regard.

YACOUB EL HILLO, Director of the Regional Bureau for North Africa and the Middle East of the United Nations High Commissioner for Refugees, expressed the need for cooperation among all United Nations agencies, Member States and the Libyan Government in promoting and protecting human rights in Libya. Mr. El Hillo thanked the High Commissioner for her statement.

THIERRY DELBREUVE, Senior Humanitarian Officer at Office for the Coordination of Humanitarian Affairs (OCHA), speaking on behalf of Rashid Khalikov, Director of the Office for the Coordination of Humanitarian Affairs, in concluding remarks thanked the High Commissioner and the Council President for allowing them to share their assessment of the situation in Libya and in the region. They were working closely with their partners from other agencies and non-governmental organizations to assist the population in the region and OCHA remained available to support them as need be.

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

ANDRAS DEKANY (Hungary), speaking on behalf of the European Union, said that the Vienna Declaration and Programme of Action had been adopted at the time of great enthusiasm and hoped that there would be democracy and development for all. The change witnessed now in the Arab world was in demand of democracy and rule of law. The Vienna Declaration and Programme of Action left no doubt that people in the Arab world were entitled to democracy like everyone else. Without political participation there could be no democracy. Respect for democracy and the rule of law were bedrocks of the European Union. In addition, the Vienna Declaration and Programme of Action were groundbreaking in making the promotion and protection of human rights a legitimate concern of the international community and since then the situation of citizens would not be regarded as a national issue only and the international community had an obligation to protect the rights and support their enjoyment. The European Union called on the Government of Syria to cooperate with the Commission of Inquiry as requested by this Council. The European Union attached great importance to the independence of the Office of the High Commissioner for Human Rights and also underscored the role of civil society in the promotion and protection of human rights.

RAUL MARTINEZ (Paraguay), speaking on behalf of the Southern Common Market (MERCOSUR), indicated that the States that made up the Southern Common Market met periodically to assess the protection and promotion of human rights. At the nineteenth session of the Southern Common Market’s working group on human rights in 2011 in Paraguay, States were encouraged to make efforts to ensure the equality of opportunity for people with disabilities, to disseminate the Convention on Rights of People with Disabilities and to highlight that access to work for people with disabilities was a cross-cutting subject not simply a right. Concerning human rights education, members of the Southern Common Market approved support for inter-American institutions and conventions to ensure human rights education became a reality. For the Member States of the Southern Common Market, it was important that work at the regional level promoted human rights.

JAN KNUTSSON (Sweden), speaking on behalf of a Group of 40 States, said that the Vienna Declaration and Programme of Action asserted that all human rights were interdependent and interrelated. The positive potential in that statement had been amply demonstrated by the incredible spread and use of modern communication technologies. These technologies had enabled ordinary citizens in all corners of the world to disseminate their views and communicate with others on a scale that was quire unimaginable not long ago. The Internet, social media, and mobile phone technology had played, and should continue to play, a crucial role as instruments for participation, transparency and engagement in socio-economic, cultural and political development. For them, one principle was very basic: the same rights that people had offline freedom of expression, including the freedom to seek information, freedom of assembly and association, amongst others, must also be protected online. They called on States to ensure strong protection of freedom of expression online in accordance with international human rights law. Recognizing the global nature of the Internet, they shared the objective of universal access; the present digital divide must be bridged to enable the participation of all. They also wanted to preserve and promote diversity on the Internet, both cultural and linguistic, and to promote local culture regardless of language or script. All users, including persons with disabilities, should have the greatest possible access to Internet-based content. In this context network neutrality and openness were important objectives. As Governments they should encourage cooperative efforts by the private sector to promote respect for human rights online. Such efforts could address human rights impacts of action taken by the private sector and could encourage respect for human rights. While adherence to human rights principles by businesses had become essential to ensuring online freedom of expression, it could not be a substitute for the responsibility of Governments to uphold human rights and the rule of law in all internet and telecommunications policy and regulation.

CHARLES O. BLAHA (United States) said that the Vienna Declaration and Programme of Action reaffirmed the universality of human rights and fundamental freedoms to which the United States and the Human Rights Council were committed. As the world witnessed the dramatic events unfolding in North Africa, the Middle East and beyond, the United States had repeatedly called upon Governments to promote and protect human rights in the context of peaceful protests. The United States expressed outrage at the violence used by some Governments to quash the universal rights to freedom of expression, peaceful assembly and democratic participation. The United States remained firmly committed to ensuring that the human rights of all persons were protected and said that the human rights of many marginalised groups remained poorly protected. This threat was particularly acute for lesbian, gay, bisexual and transgender persons whose very existence was denied by many Governments and who faced horrific violence and repression around the world. The persecution and the abuses of the human rights of lesbian, gay, bisexual and transgender persons was not only an affront to human dignity but diminished human progress and potential. The Vienna Declaration and Programme of Action was a powerful instrument in the fight against such intolerance.

YANG ZHILUN (China) emphasized that the Vienna Declaration and Programme of Action was a product of a group of certain counties. Cooperation under the Declaration and Programme of Action should adhere to the principles enshrined in the Universal Declaration of Human Rights and other UN conventions. Many developing countries were finding it difficult to attain their objectives for sustainable development given the impact of the food crisis, economic and financial crisis and the fluctuation of the energy market. China hoped the international community would provide resources and support developing countries to pursue their objectives under the Millennium Development Goals and respect the right to development. Considerations should be given to geographical, economic, cultural and religious characteristics specific to national situations. China was of view that all countries had right to proceed from their national situation in the pursuit of development and respect for human rights according to their national situation. Other States should respect the right of countries to prioritize in this regard. The exercise of the freedom of expression should not impair public security and other people’s rights and freedoms. The exercise of freedom to speech on the Internet should not be an exception and it should abide by law and by moral and ethical standards to prevent the dissemination of harmful information and disruption of public harmony. It should also protect citizens and ensure public security. China was still working toward improving human rights institutions and mechanisms.

NATALIA ZOLOTOVA (Russian Federation) attached great importance to the activities of the treaty bodies for human rights. In relation to the reform of the treaty bodies, the Russian Federation noted that the formal and technical consultations held this year were a landmark in that path to achieving this reform. The crisis of the treaty bodies was of a systemic nature and was not due to the increase in the number of States parties. In order to overcome these problems, there was a need for a comprehensive approach based on what was expected from the work of those bodies. The Russian Federation was concerned at the recent tendency in the work of the treaty bodies that fostered an increase in monitoring functions and preventive roles. The Russian Federation reminded the treaty bodies that it was their role to assist Governments in implementing the treaties. With regard to the recommendations which were being prepared concerning the reform of the treaty bodies, the Russian Federation noted that such recommendations must be introduced at the governmental level for consideration.

REMIGIUSZ A. HENCZEL (Poland) said that the events that had transformed Central and Eastern Europe including Poland 20 years ago, and the latest developments in North Africa and the Middle East provided the world with firm evidence that the demands for better material living conditions and the hopes for freedom and dignity went hand in hand. Successful political transformation towards democracy remained a necessary condition to satisfy those hopes and demands, accompanied by good governance and the rule of law. Poland also addressed the issue of protection of people belonging to religious minorities and said that regretfully many provisions of the Vienna Declaration and Programme of Action in this regard were still to be accomplished. Poland was particularly concerned with the growing number of attacks against the members of the Christian minority communities in many parts of the world.

CIRO LEAL M. DA CUNHA (Brazil), speaking on behalf of the Group of Latin American and Caribbean Countries (GRULAC) and a Group of States, stated that the world population was in a steady, and in many places, rapid process of aging. This was an unprecedented process in the history of mankind. Older persons were too often subject to discrimination and stigmatization, exploited economically and physically abused. The dignity of older people should be respected. Brazil expressed its unwavering commitment to ensuring the human rights and quality life of its senior citizens at the national level and to mainstreaming the issue in all relevant international fora. Unlike other key vulnerable groups, older persons did not have at their disposal any specific mechanism of the UN human rights system. Brazil urged all Governments to use the full extent of national and international tools to ensure the protection of older persons. The Permanent Council of the Organization of American States, the European Union and the Common Southern Market (MERCOSUR) had taken various initiatives to promote the rights of older people. The African Charter on Human and People’s Rights contained specific provisions in this regard.

BOUALEM CHEBIHI (Algeria) supported the statement by Brazil and hoped that older persons would benefit by receiving greater attention in the United Nations system. As part of Algeria’s national policy on family and inter-generational solidarity, a law established a family responsibility to deal with the needs of the aged. The President of Algeria Abdelaziz Bouteflika announced in April a series of socio-economic reforms to deepen democratic practices and reinforce state laws and the observance of human rights in the country. Algeria had revised the constitution and had put forward a draft law modifying the criminal code regarding press officials. There was now a law that had been implemented to guarantee 30 per cent of the national assembly were women. Other laws that had been adopted characterized terrorism as a scourge.

SEYED HOSSEIN ZOLFAGHARI (Iran) said that equal attention must be given to economic, social and cultural rights and political and civil rights in order to promote the common objectives of the Vienna Declaration and Programme of Action. To achieve those goals and aspirations, Member States should create favourable conditions at the national, regional and international levels. Iran had always rendered its support to the idea of improving coordination, efficiency and effectiveness of the United Nations human rights organs and had enjoyed working with the Office of the High Commissioner for Human Rights. Iran had the honour of hosting the Non-Aligned Movement Centre for Human Rights and Cultural Diversity which had started its activities with the aim of realising the goals and objectives of the Tehran Declaration and Programme of Action on Human Rights and Cultural Diversity. The Centre had also recently started a human rights forum for the promotion of dialogue and better sharing of different views on a wide variety of human rights issues.

KAREN PARKER, of International Educational Development, in a joint statement with Marangopoulos Foundatan Rights, and Mouvement contre le racisme et pour l'amitié entre les peuples (MRAP), drew the attention of the Council to the provisions of the Vienna Declaration and Programme of Action related to measures to protect civilian populations and other protected peoples in armed conflicts. International Educational Development specifically drew attention to obligations that parties ensured compliance with humanitarian law norms. It also underlined the right that victims of armed conflict were ensured timely and safe access to assistance by humanitarian organizations. The international community had not risen to this imperative in the situation of Camp Ashraf in Iraq. When there were situations such as this where rights under the Geneva Conventions were at issue, the Council should respond forcefully.

SHEHEREZADE KARA, of European Region of the International Lesbian and Gay Federation (ILGA-EUROPE), stated that many people continued to be denied their rights solely on the basis of their sexual orientation or gender identity. The time was overdue for this Council to take up its responsibility to address these human rights violations. The European Region of the International Lesbian and Gay Federation welcomed initiatives taken by States to enhance dialogue and understanding of these issues. The European Region of the International Lesbian and Gay Federation called on the Human Rights Council to call for an expert-led modality which would allow for a constructive discussion of the application of human rights law in relation to sexual orientation and gender identity, with a view to addressing violence and related human rights violations. Such a modality could be in the form of an experts’ panel, similar to the panel on the rights of women.

TOM GANIATSOS, of Marangopoulos Foundation for Human Rights, in a joint statement with Inter-African Committee on Traditional Practices affecting the Health of Women and Children, were disappointed with resolution 16/3 on the subject of protecting human rights and fundamental freedoms through a better understanding of traditional values of mankind as adopted at the last Council session. Several of the preambular paragraphs paid lip service to the universality of human rights and freedoms undertaken by States under the United Nations Charter and international humanitarian law. However, the operative paragraphs failed to endorse the conclusions of the workshop on traditional values that the Council itself had previously requested. By seeming to suggest that the family could replace State initiatives in promoting basic human rights, the Council had placed the cart before the horse. States had to be proactive and engage at a deeper level to promote such rights in compliance with general obligations under international law.

DAVID LITTMAN, of World Union for Progressive Judaism, noted that only last week a popular Egyptian preacher, Abu Ishaq al-Huwaini, confirmed on Egyptian television what he said 18 years ago that Jihad still justified plundering, enslaving and raping the infidels, for which he provided quotations from sacred texts for justification. The World Union for Progressive Judaism remained convinced that such crimes, carried out traditionally but also with official religious sanction, should not be treated as taboo subjects at the Council. It noted that the growing phenomenon of cultural relativism should not be supported by self censorship at the United Nations, especially not under the guise of complementary standards or sensitivity and understanding.

SIDI AHMED ASFARI, of France Libertés – Fondation Danielle Mitterrand, said that the Vienna Declaration and Programme of Action had recognised the rights of people under colonial domination to self determination and the right to define their future. The right to self determination was a sine qua non and the basis of all other rights. The situation in the Western Sahara must receive more attention from the Human Rights Council and the action by the United Nations until the referendum could be carried out. It was vital to take all possible measures to ensure that the people of the Western Sahara exercised their rights and to put an end to the whole sequence of the human rights violations.

REBECCA WERTMAN, of United Nations Watch, said that the first responsibility of Governments was the protection of human rights. If Governments failed, it was then an obligation of the international community to do so. United Nations Watch drew the attention of the Council to three urgent cases: in Darfur, where 300,000 people had been killed and another 2.7 million forced from their homes; in the Democratic People’s Republic of Korea, as an estimated 200,000 people were held in political prison camps, treated as slaves and subjected to torture and other cruel and inhumane treatment; and in Syria, where peaceful protesters were being killed every day and even the Organization of the Islamic Conference had expressed its concern over the escalating violence.

PETER SPLINTER, of Amnesty International, stated that the Vienna Declaration and Programme of Action encouraged States to avoid resorting to reservations to human rights treaties and to ensure that no reservation was incompatible with the object and purpose of the relevant treaty. Amnesty International welcomed the recent pledges made by States, including those States emerging from the so-called Arab spring, to ratify core international human rights treaties. Although States could enter permissible reservations when they ratified a treaty, too often States sought to enter reservations that were incompatible with the object and purpose of the treaty. The reservations of Pakistan to certain conventions and covenants were cause for strong concern and breached international treaty law. It was in the interest of all States parties committed to the integrity of the treaties and the functioning of the treaty body system to raise formal objections to these reservations.

GIANFRANCO FATTORINI, of Mouvement contre le racisme et pour l'amitié entre les peuples, stated that in the preamble to the Vienna Declaration and Programme of Action, States took note of people’s determination to protect future generations from war. Mouvement contre le racisme et pour l’amitié entre les peuples noted that since 1993, many conflicts had continued and arisen. The arms market remained an important economic sector. Mouvement contre le racisme et pour l’amitié entre les peuples emphasized that three of the five United Nations Security Council members were the most significant arms exporters and also initiated armed operations in respect for human rights and peace. Mouvement contre le racisme et pour l’amitié entre les peuples invited the Human Rights Council to take part in the General Assembly’s debate on the responsibility to protect and asked the High Commissioner to hold a session on arms and human rights.

HARSHINDAR KAUR, of Liberation, noted that the killing of females after birth has been happening since Neolithic and Paleolithic times. It was further noted that crimes against women such as incest, rape, honour killings, dowry deaths, domestic violence and inequality still existed all over the world. The killing of females if it was taking place on a larger scale should be considered a variety of genocide and hence the Human Rights Council must take note of this crime against humanity: wilful denial of birth of a female child. Liberation requested that the Council take some stern steps to stop the heinous crime of killing female children either before or after birth around the world.

ROWAIDA MROUE, of Union de l'action féminine, noted that the international community needed to make every effort to eliminate all violations of human rights. To realize the promise of the Vienna Declaration and Programme of Action, all States must keep their obligations. Freedom of opinion and expression was universal. Further, this right lay at the heart of every person’s right not to be oppressed. Union D’action Feminin reiterated its support for freedom of expression and opinion in accordance with article 19 of the Universal Declaration of Human Rights. Individuals should be able to express their opinion in all circumstances. Some States under military action continued to violate this right daily.

ABDESLEM LEHCEN OMAR, of International Youth and Student Movement for the United Nations, said that the people of the Western Sahara had been deprived of their right to self determination for decades. In his recent report on the Western Sahara, the Secretary-General had stressed that the sentiments of the population of the Western Sahara were now more essential then ever. It was clear that any solution to the conflict involved the referendum on self determination. The Secretary-General in his report also expected the Human Rights Council to engage on this issue. The Council and its mechanisms could not keep silent on the situation of human rights in the Western Sahara.

JUANA CALFUNAO, of Indian Council of South America, said that the Mapuche people had been subjugated under a system of repression for over 50 years and they continued to suffer repression by civil and military courts in Chile. The Government should live up to its promises and the future Mapuche leaders should be given their rights. The Mapuche people had to be given their rights to enjoy their land, culture and tradition. The courts could not apply the law because those were foreign to the Mapuche, who were not Chileans.

SIDATI EL GHALLAOUI, of Organisation pour la communication en Afrique et de promotion de la coopération économique internationale (Ocaproce International), said the provisions of the Vienna Declaration and Programme of Action had been systematically violated worldwide. The Organisation pour la communication en Afrique et de Promotion de la Cooperation Economique Internationale regretted that some States and groups daily violated the provisions of the Vienna Declaration. Populations were subject to all types of violations, including by armed militias. This was regrettable because States supporting separatists groups were trying to shirk their responsibilities. The right of self determination could not be interpreted as authorizing or encouraging any measure that infringed on territory integrity and sovereignty of any State. These principles were instrumental. The Organisation pour la communication en Afrique et de Promotion de la Cooperation Economique Internationale expressed its concern for the population in Tinduf and asked the Council to do whatever it could to put an end to these violations.

NANCY HUFF, of Agence Internationale pour le Developpement (Aide-Federation), said that universality was an essential aspect of all human rights as these rights were not a menu a la carte from which a few items could be selected. Unfortunately some groups and militias still violated the very essence of the provisions of the Vienna Declaration and Programme of Action. The populations taken hostage by the polisario separatist militia in the Tindouf camps were a case where the provisions of the Vienna Declaration were systematically being violated. These populations had been denied all rights guaranteed by the Vienna Declaration and Programme of Action. Violations were taking place on the territory of a State that had signed the Vienna Declaration. Agence Internationale pour le Developpement urged the Council to take the necessary steps to ensure the provisions of the Vienna Declaration and Programme of Action were respected and applied at the Tindouf refugee camps.

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