Human Rights Council
AFTERNOON 27 February 2012

The Human Rights Council this afternoon continued with its high-level segment, hearing statements from 14 dignitaries who spoke about the human rights situation in Syria, the Universal Periodic Review and the Special Procedures, and national efforts to promote and protect human rights, among other issues.

Speaking were Yerzhan Kazykhanov, Minister for Foreign Affairs of Kazakhstan; Teodoro Ribera Neumann, Minster of Justice of Chile; Mahinda Samarasinghe, Minister of Plantation Industries and Special Envoy of the President on Human Rights of Sri Lanka; Giulio Terzi di Sant’Agata, Minister of Foreign Affairs of Italy; Anifah Aman, Minister of Foreign Affairs of Malaysia; Surapong Tovichakchaikul, Minister for Foreign Affairs of Thailand; Huriah Mashhoor, Minister of Human Rights of Yemen; Ali Akbar Salehi, Minister for Foreign Affairs of Iran; Maria do Rosário Nunes, Minister, Head of the Human Rights Secretariat of Brazil; Enrique Castillo Barrantes, Minister of Foreign Affairs and Worship of Costa Rica; Alain Juppé, Minister for Foreign and European Affairs of France; Bandar bin Mohammed Al-Aban, Chairman of the Human Rights Commission of Saudi Arabia; Wolfgang Waldner, State Secretary at the Federal Ministry for European and International Affairs of Austria; and Bong-hyun Kim, Vice-Minister for Multilateral and Global Affairs of the Republic of Korea.

During the meeting, many speakers condemned the indiscriminate and brutal attacks against civilians in Syria and supported the course of action undertaken by the Arab League and the efforts deployed by the United Nations to find ways to re-establish peace and dialogue, with a view to settling this crisis. A number of speakers commended the Report of the Commission of Inquiry on Syria and said that the Council should support the Commission of Inquiry by prolonging its mandate. Speakers also highlighted the need to avoid politicization, selectivity and double standards in the work of the Council and stressed that human rights should not be used as a tool for some countries to impose values, destabilize or interfere in other countries’ internal affairs.

Other speakers went on to say that the Universal Periodic Review was the primary human rights mechanism allowing Governments to engage constructively with other partners and relevant stakeholders and noted that now was the time to strengthen this mechanism and focus on follow up measures to generate concrete results on the ground. A speaker noted the need for improved coordination between the Human Rights Council and other human rights bodies within the United States system. Member States were urged to consider making voluntary contributions to strengthen the capacity of the Council. Many speakers highlighted the importance of Special Procedures. A speaker said that the Council, in achieving universal norms and standards in human rights, had made significant achievements, including the recent Convention for the Protection of all Persons from Forced Disappearance. Speakers also highlighted the need for a resolution on human rights and the environment and the importance of human rights education and the elimination of discrimination.

At the end of the meeting, the following countries took the floor in a right of reply: Israel, the Democratic People’s Republic of Korea, Japan, China and the Republic of Korea.

When the Council reconvenes at 9 a.m. on Tuesday, 28 February, it will hold a panel discussion on the promotion of human rights throughout the United Nations system. During its midday meeting, the Council will hold an urgent debate on the situation of human rights in Syria.

High-level Segment

YERZHAN KAZYKHANOV, Minister of Foreign Affairs of Kazakhstan, said there had been remarkable progress on human rights over the last six decades thanks to the collective efforts of the United Nations and Member States. There were new challenges and fresh dimensions to old threats such as climate change, increasing energy concerns, water, food and armed conflicts. The Human Rights Council should be rigorous in maintaining a balance between the protection of civil and political rights and of economic, social and cultural rights. Candidates selected for Special Rapporteur positions still did not reflect a fair geographical representation, and improved coordination between the Human Rights Council and other human rights bodies within the United States system was needed. Kazakhstan urged Member States to consider making voluntary contributions to strengthen the capacity of the Council. Concerning Syria, Kazakhstan had convened an extraordinary ministerial meeting of the Executive Committee of the Organization of Islamic Cooperation on Syria; the Government remained convinced that diplomatic measures for a peaceful settlement had not been exhausted and urged the international community to step up efforts to prevent escalation of civil war.

TEODORO RIBERA NEUMANN, Minister of Justice of Chile, opened his statement with a thought for the victims of the earthquake and tsunami which struck Chile on February 27, exactly two years ago. Incorporation of a human rights perspective into natural disaster prevention and response was a priority for the Government. Chile could not remain aloof with respect to the situation in Syria. Chile supported the Arab League’s course of action and efforts deployed by the United Nations to re-establish peace and dialogue, with a view to settling the crisis. Freedom of expression on the internet required regulations based on the guarantees contained in international human rights instruments. Chile was co-sponsoring the establishment of the new Special Rapporteur on the issue of democratic transitions, and placed a high priority on the implementation of recommendations of the Universal Periodic Review, Special Procedures and treaty bodies. It had ratified international treaties, established a national institute for human rights, enacted military justice reforms and created an Under-Secretariat for Human Rights. Chile called upon States to ratify the new Optional Protocol to the Convention on the Rights of the Child.

MAHINDA SAMARASINGHE, Minister of Plantation Industries of Sri Lanka, said in August 2011 the Government had abolished the emergency law, which had led to a further consolidation of peace. The Lessons Learnt and Reconciliation Commission had submitted its report to the President, in which it had made a detailed analysis of past errors including those that led to the failure of peace process. The Commission’s recommendations included past accountability, resettlement of internally displaced persons, rehabilitation and re-integration of ex-combatants, land issues, socio-economic development. The report endorsed the Government’s position that the protection of civilians was a key factor in the formulation of policy for carrying out military operations in the final phases of the conflict in Sri Lanka, and that deliberate targeting of civilians had made no part of it. In light of the commitment by Sri Lanka, there was no need for the Human Rights Council to consider a resolution calling for the implementation of the Commission’s recommendations, when that was already being effectively undertaken by the Government. The international community had to assess Sri Lanka’s efforts objectively and ensure that the process was allowed to advance unimpeded. It was of critical importance that Sri Lanka be provided with time and space to continue its genuine national endeavours towards achieving national reconciliation.

GIULIO TERZI DI SANT’AGATA, Minister for Foreign Affairs of Italy, said the growing attacks against religious minorities had left Italy deeply shaken. Italy would ensure that such horrific acts of intolerance were condemned, fought and never again repeated. Italy would accede to the third Optional Protocol to the Convention on the Rights of the Child and was committed to the abolition of the death penalty. Italy had repeatedly condemned the indiscriminate and brutal attacks against civilians in Syria, supported the imposition of international sanctions on the Syrian leadership, and favoured a political solution, including a joint United Nations-Arab League mission to observe the implementation of a cease fire. Italy regretted that the Security Council was unable to act in support of the Syrian population and called on it to take on its responsibilities. Italy welcomed the high and orderly voter turnout in Tunisia and Egypt’s elections, and noted the Libyan people’s proud expectations for their forthcoming elections, and encouraged the new Arab leadership to incorporate principles of moderation. Somali ownership of the reconciliation and constitutional process was supported by Italy, which welcomed the re-opening of the United Nations political office in Mogadishu. The Italian Government reaffirmed its commitment to protecting the rights of all migrant workers as well as the rights of all minorities and vulnerable groups.

ANIFAH AMAN, Minister of Foreign Affairs of Malaysia, said that the Human Rights Council had an immense responsibility to ensure that its deliberations and decisions were translated into real progress on the ground. The Universal Periodic Review was the primary human rights mechanism allowing Governments to engage constructively with other partners and relevant stakeholders in promoting and protecting human rights. Politicization, selectivity and double standards should be eliminated and human rights should not be used as a tool for some countries to impose values, destabilize or interfere in other countries’ internal affairs. The value of moderation was especially embedded in exercising the right to freedom of speech and freedom of assembly in Malaysia, rights which could be exercised only as long as they would not impinge upon the rights of others. The Government’s efforts to secure the promotion and protection of the human rights and fundamental freedoms of Malaysians were focused on achieving inter-racial harmony within society, coupled with equitable socio-economic development.

SURAPONG TOVICHAKCHAIKUL, Minister for Foreign Affairs of Thailand, said during the past seven months since assuming office, the Thai Government had translated social and human rights policy into concrete actions, including the promotion of an agenda for women, education, improvement of living conditions for elderly and persons with disabilities, and national reconciliation. Human rights were at the heart of Thailand’s foreign policy and progress had been made on adherence to the core human rights instruments, particularly to the withdrawal of reservations. Thailand had brought to the attention of the Human Rights Council the situation of female inmates and had steered the Council to adopt with consensus a resolution on the enhancement of technical cooperation and capacity building. The views of concerned countries should be taken into account in country situations; such an approach should be applied in the case of Sri Lanka, which had made considerable advances towards national reconciliation and sustainable development. Thailand welcomed positive developments in Myanmar and joined the international community in voicing a loud and clear message to end the violence in Syria.

HURIAH MASHHOOR, Minister of Human Rights of Yemen, said Yemen had so far ratified over 60 international agreements and the current constitution underlined the importance of adhering to those agreements. One of the most important achievements was the creation of the Ministry of Human Rights, which established and implemented human rights law and followed up on human rights violations, with the participation of civil society organizations. The Ministry sought to strengthen the culture of human rights by utilizing the media and other fora, and although gaps still existed in the legislative field, national reconciliation had prevented Yemen from sinking into civil war. The political settlement, based on the Gulf Cooperation and United Nations resolutions had succeeded, and had involved all Yemenis, including youth and women. Efforts were being made to respect the recommendations of the High Commissioner and the General Assembly. Successful elections were held on 21 February, despite certain security obstructions, particularly in Sana’a. Yemen had succeeded in containing the violence; now roadblocks and other obstructions to movement had been taken down and agreement on a new Constitution was near. Yemen had survived the Arab Spring at a lesser cost than others, but Yemen emphasized that an extremely serious situation was unfolding in Syria, where human rights were being violated daily.

ALI AKBAR SALEHI, Minister for Foreign Affairs of Iran, said that the nineteenth session of the Human Rights Council was being held at a time when important events in the Middle East continued to unfold. Less than two years after the public uprising, the people of the Middle East and North Africa had achieved much in their quest for dignity and freedom, and had inspired many people in other parts of the world to stand up against greedy minorities and seek their rights for life in equality and dignity. It was regrettable that the peaceful protests representing the will of the majority had been brutally suppressed in the United Kingdom and United States, and Iran urged those Governments to abide by their moral and legal obligations in respecting the will of their people. Iran was continuing its efforts in the promotion and protection of human rights. In just four days time the nation would cast its votes in the parliamentary elections. Iran faced a number of challenges as a result of its independent policy, and unilateral economic and financial sanctions had prevented the nation from exercising its right to choose its own political, economic and social systems. The Human Rights Council was at a critical juncture to convincingly demonstrate its ability to address human rights challenges and remove the atmosphere of mistrust through constructive interaction and genuine respect for diversity in traditions, culture, and history and value systems.

MARIA DO ROSÁRIO NUNES, Minister and Head of the Human Rights Secretariat of Brazil, said that human rights, democracy, peace and socio-economic development were enshrined in the Brazilian Constitution as indivisible pillars of the Brazilian State. Brazil noted the effects of the current financial crisis on the enjoyment of human rights, particularly of vulnerable groups such as women, children, the elderly, persons of African descent, workers, migrants and youth. The Minister reiterated Brazil’s solidarity with the manifestations of Arab societies demanding respect of human rights, and condemned the use of force by any of the parties involved. The international community had to avoid the aggravation of tensions and violence, and emphasis should be on preventive diplomacy. The use of force was to be employed only in exceptional circumstances. The Human Rights Council had the obligation to address serious violations of human rights without selectivity. Occupation was the main source of human rights violations in Palestine. Brazil supported the recognition of a Palestinian State within the United Nations. One of Brazil’s biggest challenges was strengthening the quality of education and access to health care, fighting against child labour, sexual exploitation, and extreme poverty, and protecting early childhood. The Minister announced the signature by Brazil of the Third Optional Protocol to the Convention on the Rights of the Child. Brazil was also concerned about the situation of the rights of lesbian, gay, bisexual and transsexual persons. The protection of migrants against discrimination and human trafficking also constituted an important challenge.

ENRIQUE CASTILLO BARRANTES, Minister of Foreign Affairs and Worship of Costa Rica, said that one year ago the eyes of the world had been on the Human Rights Council because of the humanitarian situation in Libya; today, the Council needed to demand a definitive stop to the bloodshed in Syria, shoulder its responsibility and address the serious situation in this country. The report of the Commission of Inquiry would be extremely useful in establishing responsibility and ending impunity. The Human Rights Council was the main forum for discussions on human rights and during its brief existence it had already started to bear fruit, as witnessed by the successful completion of the first round of the Universal Periodic Review. Costa Rica was ever optimistic and saw the real possibility of the emergence from this forum of a resolution on the right of peoples to peace. Costa Rica, together with a number of other countries, would be submitting during this session the resolution on human rights and the environment, as the unsustainable use of natural resources had a negative impact on the enjoyment of human rights, particularly for the future generations. Costa Rica also spoke about the importance of human rights education, elimination of discrimination, and freedom of expression and the internet. On treaty bodies, Costa Rica said that the challenge over the next few years was to implement recommendations emanating from all the bodies and mechanisms, international and regional. That was why Costa Rica had created the Inter-institutional Commission for Human Rights, and thanks to this Commission Costa Rica was able to become the first country in its hemisphere to ratify all international human rights law instruments.

ALAIN JUPPE, Minister for Foreign and European Affairs of France, said that the Human Rights Council had a duty to express the world’s outrage at the violence and barbaric repression occurring against civilians in Syria, including civilian massacres, the bombarding of villages, the torture of children and an increase in refugees. Mr. Juppe paid tribute to the report of the Commission of Inquiry on Syria and its finding that the Syrian regime was guilty of crimes against humanity against its own population. The Council should support the Commission of Inquiry on Syria by prolonging its mandate. Mr. Juppe condemned the veto on the part of the Russian Federation and China in the Security Council against the Arab League proposal while noting that the vote in the General Assembly was a moral victory. France raised the issue of the human rights situation in Iran which had only worsened since June 2009 and called for a renewal of the mandate of the Special Rapporteur on the human rights situation in Iran. The Council, in achieving universal norms and standards in human rights, had made significant achievements, including the recent Convention for the Protection of all Persons from Forced Disappearance.

BANDAR BIN MOHAMMED AL-ABAN, Chairman of the Human Rights Commission of Saudi Arabia, stressed that Saudi Arabia attached high priority to the achievement of human rights and comprehensive and sustainable development. Saudi Arabia was increasing allocations of funds to education and social development. A National Anti Corruption Commission had been established. Continuous support had been brought to the justice administration, and for the enhancement of the role of women, who could now stand for elections. At the external level, the deterioration of the human rights situation in Syria was not justifiable, yet the international community appeared hesitant to take decisive measures to stop the bloodshed and to protect the Syrian people. The recent positive developments in Yemen proved the need to let wisdom prevail when addressing a major crisis that affected the lives of peoples. Saudi Arabia reaffirmed its position for the achievement of freedom, the respect of human rights, and the right of self-determination of the Palestinian people. The issue of sexual orientation was not an accepted human rights issue, and any attempt to impose such an issue undermined the credibility of the Human Rights Council.

WOLFGANG WALDNER, State Secretary for European and International Affairs of Austria, said the mounting death toll in Syria was a grave concern and called on the Syrian authorities to immediately end the brutal assault on their own people. The International Criminal Court should start proceedings against the perpetrators. Austria supported the Commission of Inquiry and called on the Syrian Government to provide it with all the cooperation and information it required. Austria was proud to be the main sponsor of a panel on the rights of persons belonging to national or ethnic, religious and linguistic minorities. Austria would also introduce a resolution on the Forum on Minority Issues at the Council. Austria was deeply concerned about growing discrimination and the rising number of violent attacks against religious minorities and their places or worship. Attacks against journalists were also unacceptable. The Council needed to send a strong message to perpetrators who threatened journalists. Austria had organised expert consultations in Vienna last November that resulted in a road-map towards a more efficient protection framework. Austria’s ultimate objective was to achieve the adoption of a substantial resolution by the Council on this matter. Austria would be one of the first States to sign the Optional Protocol to the Convention on the Rights of the Child and would also present its first ever candidate to the Committee on the Rights of the Child, Justice Renate Winter.

BONG-HYUN KIM, Vice-Minister for Multilateral and Global Affairs of the Republic of Korea, said that the Republic of Korea was pleased to see that the first cycle of the Universal Periodic Review had fulfilled the important element of universality and that now was the time to strengthen this mechanism and focus on the follow up measures which would have a concrete impact on the ground. The Council had since early last year reaffirmed its credibility with timely and relevant responses to the human rights emergencies in North Africa and the Middle East. Syria was another serious matter and the Republic of Korea urged the Syrian Government to fully comply with the General Assembly resolution and end all human rights violations and attacks against civilians. The human rights situation in the Democratic People’s Republic of Korea continued to deteriorate and that country was strongly urged to allow the Special Rapporteur to visit and to cooperate with him and other international human rights mechanisms to improve its human rights situation. This constituted a visible contrast to the situation in Myanmar where some progress had been made recently. The Republic of Korea would like to turn to violence against women in times of armed conflict. It was deeply concerned with increasing sexual violence against women in armed conflicts, with particular reference to systematic rape and sexual slavery. It recalled the so-called “comfort women”, the victims who were forced into military sexual slavery during the Second World War. These cases of systematic rape and sexual slavery could constitute crimes against humanity.

Right of Reply

Israel, speaking in a right of reply, referred to the statement of the President of the General Assembly, saying that Israel regretted that the President had used his position in the General Assembly and the floor of the Council to present the views and policies of his Government and not those of the 193 Members States of the General Assembly.

Democratic People’s Republic of Korea, speaking in a right of reply, resolutely rejected the statement made by the United Kingdom and the confrontational remarks made by the Republic of Korea. People were illegally crossing the border, some of which were trying to escape punishment. These were not refugees. The Republic of Korea’s intent was to draw the attention of the international community away from the gross human rights violations it committed. The Republic of Korea repeatedly committed inhumane acts by preventing the reunion of families. The Democratic People’s Republic of Korea had taken to supporting reunions of separated families. The Republic of Korea had posed obstacles to this reunification. The Republic of Korea continued to conduct military exercises with the United States against the Democratic People’s Republic of Korea. United States soldiers committed crimes but the Republic of Korea took no action. The Republic of Korea should put an end to daily human rights violations of this kind, including by abolishing the National Secretariat of War.

Japan, speaking in a right of reply, said that Japan had extended its sincere apology to war time comfort women and stressed that the issue of reparations and claims for acts committed during the Second World War had already been concluded. Japan had established the Asian Women’s Fund to support war time comfort women who had reached an advanced age.

China, speaking in a right of reply, said China expressed its regret and dissatisfaction with the statement on the issue of illegal border crossers into China from the Democratic People’s Republic of Korea. China had utilized international practices to deal with these illegal border crossers and was opposed to the politicization and the internationalization of this issue.

Republic of Korea, speaking in a right of reply, called on the Democratic People’s Republic of Korea to cooperate with United Nations mechanisms with respect to human rights situations. The Government urged the Democratic People’s Republic of Korea to make an effort to address and alleviate the suffering of the people concerned. Forced repatriation of the asylum seekers and refugees to the Democratic People’s Republic of Korea continued to be a dire issue. The Special Rapporteur had said these asylum seekers and refugees were known to suffer severe repression by the authorities. Numerous other refugees were forcibly returned to the Democratic People’s Republic of Korea by neighbouring countries, as discussed in the reports of the Special Rapporteur. With respect to the remarks of Japan, the issue of comfort women constituted war crimes and crimes against humanity. The issues related to property and other claims had also not been settled. The Japanese Government remained responsible. The Republic of Korea drew the attention of the Council to a series of reports which confirmed that neither the San Francisco peace treaty nor the other respective treaties had addressed human rights violations. The Republic of Korea proposed developing an agreement to address these issues and complement the other bilateral agreements.

Democratic People’s Republic of Korea, speaking in a second right of reply, said that it denied the accusations made by the delegation of the Republic of Korea. In 2010, the violation of the mourning period by South Korean authorities would not be forgotten by the Government of the Democratic People’s Republic of Korea.

Japan, in a second right of reply, said that it would refrain from repeating the statement it made in relation to its first right of reply.

Republic of Korea, in a second right of reply, said that it had already expressed its opinion fully in relation to the human rights situation in the Democratic People’s Republic of Korea and urged all countries to respect the human rights of asylum seekers. Several recommendations made by Special Rapporteurs had noted that the issue of comfort women during World War II remained unresolved.

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