Human Rights Council concludes Interactive dialogue with the High Commissioner for Human Rights

Human Rights Council
AFTERNOON 2 March 2012


The Human Rights Council this afternoon concluded its interactive dialogue with Navi Pillay, the United Nations High Commissioner for Human Rights, on her annual report.

In her closing remarks, Ms. Pillay assured countries and non-governmental organizations that her Office would remain vigilant of the issues raised and thanked the Council for its support with respect to the need for more financial resources. The High Commissioner said that the activities of her Office related to the Universal Periodic Review benefitted 51 countries. No amount of harmonization would negate the need for additional resources to allow the treaty body system to fulfill its mandates. Regarding the impact of the work on the right to development, anniversary activities ended two months ago and, as such, it was difficult to assess the impact at this early stage. The Office’s staff members were cooperating to ensure human rights approaches were mainstreamed into Rio+20 deliberations and there was a heightened awareness of the need to integrate human rights into the post-2015 Millennium Development Goals agenda.

In the interactive debate, countries welcomed the work of the High Commissioner and her Office on the rights of migrants, especially women migrants, and the continued focus on combating all forms of discrimination, marginalization and violence. Speakers further commended the High Commissioner for her work with countries that were progressing in their democratic transition, such as Tunisia, Libya and Yemen, and said that the High Commissioner and her staff had ensured a balanced approach to critical human rights situations during the last year. Countries drew the attention of the Council to other situations that needed attention, particularly the Occupied Palestinian Territories. The Universal Periodic Review was proving its worth and it was important to make available technical assistance for the implementation of commitments and recommendations. Some speakers said that the High Commissioner should conduct her work with impartiality and neutrality and with respect to the sovereignty and territorial integrity of all States.

The following States took the floor this afternoon: Bangladesh, Chile, Austria, Indonesia, Honduras, the Maldives, Romania, South Africa, Algeria, Azerbaijan, China, Egypt, Canada, Burkina Faso, Botswana, Colombia, Uganda, France, Ethiopia, Republic of Korea, United Kingdom, Poland, Germany, Iran, Republic of Moldova, Slovenia, Czech Republic, Ireland, Benin, Argentina, Rwanda, Iraq, Brazil, Morocco, Angola, Paraguay, Armenia, Sudan, Sri Lanka and Nepal.

Also speaking were the International Coordinating Committee of National Human Rights Institutions, Society for Threatened Peoples, European Region of the International Lesbian and Gay Association, United Nations Watch, World Alliance for Citizen Participation, BADIL Resource Centre for Palestinian Residency and Refugee Rights, International Islamic Federation of Student Organizations, Lawyers Rights Watch Canada, Action International pour la Paix et le Développment dans la Région des Grands Lacs, Comité International pour le Respect et l’Application de la Charte Africaine des Droits de l’Homme et des Peuples, International Society for Human Rights, Indian Council of South America, Commission to Study the Organization of Peace, North South XXI, Liberation, Rencontre Africaine pour la Defense des Droits de l’Homme, International Service for Human Rights and Institute on Human Rights and Holocaust.

Speaking in a right of reply were China, Sri Lanka, Democratic People's Republic of Korea, and Iran. Syria said it preferred to make its right of reply on Monday, when translation services would be available.

The next meeting of the Council will be on Monday, 5 March at 9 a.m., when it will hear a presentation of reports of the High Commissioner and the United Nations Secretary-General. The presentation of reports will be followed by a general debate, after which the Council will start an interactive dialogue and hear reports from the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and the Special Rapporteur on human rights defenders.

Interactive Dialogue with the High Commissioner

Bangladesh said that the work of the High Commissioner on the rights of migrants was commendable, particularly in protecting them from evictions under the pretext of economic and financial crises. The High Commissioner’s work on climate change and human rights was not included in the report and Bangladesh wished to hear an account of activities in this area.

Chile said that the High Commissioner and her staff had ensured a balanced approach to critical human rights situations during the last year. The prevention of violations of human rights was critical, and the importance of accountability and strengthening of national capacities had to be stressed. The Universal Periodic Review was proving its worth and it was important to make available technical assistance for implementation of recommendations.

Austria said that Governments that killed and raped their people must be held accountable and Austria supported the call for the Security Council to refer the situation in Syria to the International Criminal Court. Austria commended the High Commissioner for her work with countries that were progressing in their democratic transition, such as Tunisia, Libya and Yemen, and for her continued focus on the fight against all forms of discrimination.

Indonesia said Indonesia continued to improve the enjoyment of human rights for its people. The progress made as well as the challenges were reflected in the national report for the second cycle of the Universal Periodic Review. Indonesia was now working on an Association of Southeast Asian Nations Human Rights Declaration to be concluded in 2012. Indonesia appreciated the work of the Office of the High Commissioner in the promotion and protection of human rights workers, the inter-governmental driven process and encouraged the Office to promote the culture of prevention.

Honduras said Special Procedures and treaty bodies played an important role in ensuring human rights. The President of Honduras had extended a standing invitation to Special Procedures bodies and Special Rapporteurs. Honduras shared the concern of the High Commissioner about discriminatory and xenophobia practices worldwide. Honduras restated the commitment of the President regarding the obligations stemming from the tenth anniversary of the Durban Declaration. The country had taken concrete actions to support the Declaration. Honduras agreed that a human rights approach to development was fundamental.

Maldives shared the High Commissioner’s concern about the arbitrary arrest of a Criminal Court judge and widespread disturbances both before and after the resignation of former President Nasheed. The Government had established an independent commission of investigation to look at events surrounding the President’s resignation. This was now a very serious situation. The Maldives concurred with the High Commissioner on the importance of the upcoming Rio + 20 Summit and of ensuring the mainstreaming of human rights into outcomes of the summit. At this session, the Maldives and friends would table a resolution to establish an independent expert on human rights and environment.

Romania said that the number of field-presences and missions conducted by the High Commissioner and her staff had strengthened dialogue and cooperation with countries concerned and were of tremendous importance in assessing technical assistance requirements. The support the Office had given to Special Procedures, treaty bodies and the Universal Periodic Review provided concrete engagement in combating discrimination, fighting marginalization and rejecting all forms of violence.

South Africa said South Africa shared the concern of the High Commissioner on budget constraints but emphasized the principle that the Council should be financed from the regular budget. South Africa would like to learn more about best practices on the first phase of the Universal Periodic Review. In 2002, the Government had extended an open invitation to all Special Procedures. Despite sharing information, the reports of the Special Procedures continued toward a negative trajectory, distorting and misrepresenting the actual situation in the country.

Algeria said that the suffering of the Palestinian people and the deteriorating situation of the Bedouin in the Negev desert, which were caused by the Israeli occupation should not be forgotten by the Council. Algeria said that in transitional States, such as Tunisia, sufficient time should be given for these countries to work through their transitions. The Algerian delegation supported the appeal made by the High Commissioner to receive sufficient resources for the work of her Office.

Azerbaijan said any visit of official, humanitarian or any other nature to the occupied territories of Azerbaijan by any person without prior consent of the Government was considered as illegal and a grave violation of the inviolability of internationally recognized state borders. Persons violating the sovereignty and territorial integrity of Azerbaijan were included in the special list and their entry to the country would be denied.

China said that China hoped that the High Commissioner would conduct her work with impartiality and neutrality and with respect to the sovereignty and territorial integrity of all States. China was most willing to increase dialogue with the Office on the basis of mutual respect, understanding and cooperation. Sri Lanka should be given time to realize its reconciliation without external involvement and any assistance provided should be agreed upon by the Government of this country.

Egypt said that new opportunities were coupled with challenges in countries of the Arab Spring, namely in establishing democracy. Important steps were being taken in Egypt to ensure the rule of law and accountability for crimes; victims had been provided with compensation mechanisms and the possibility to get truth and justice. The human rights of the people in the Occupied Palestinian Territories should not be forgotten and Egypt asked for the High Commissioner’s comment on the recent actions of Israel in Jerusalem.

Canada said there had to be continued engagement in and with Tunisia, Egypt, Libya, Bahrain, Yemen, and of course Syria. Canada welcomed the Office of the High Commissioner for Human Rights’ support for initiatives to combat caste-based discrimination, including against Dalits. The international community had to ensure a strong role for women in all societies and encourage countries that had regressive and punitive laws criminalizing homosexuality on the books or in development to change them. Canada noted that close to a third of United Nations Member States would go to the polls this year. In this, there was immense opportunity.

Burkina Faso said the actions taken by the High Commissioner’s Office in Geneva and offices throughout the world had permitted the High Commissioner to engage in the resolution of different crises despite the constraints it faced. The support brought to States examined in the framework of the Universal Periodic Review, which Burkina Faso had been able to benefit from, notably in implementing recommendations, should be supported and reinforced, to ensure that the mechanism could fulfill its central objective of preventing violations of human rights.

Botswana said the recent past had been characterized by unprecedented hardship related to economic crisis, food shortages and other issues. The delegation took the opportunity to salute all countries which had undergone the first cycle of the Universal Periodic Review. Botswana expressed gratitude to the Office of the High Commissioner for Human Rights for its assistance. Botswana also recognized the important contribution made by the Special Procedures of the Human Rights Council. Botswana reaffirmed its commitment to the implementation of the Durban Declaration and Plan of Action.

Colombia said Colombia had passed the anti-discrimination law in 2011 which banned discrimination on the basis of sexual orientation. A national strategy was developed to improve access for Colombians of African descent to social services. Colombia had engaged indigenous people in a consultative process. The law on victims of violence and land restitution was a landmark piece of legislation and the Government had urged citizens to take an active role in claiming their rights.

Uganda said that Uganda noted with appreciation the active role played by the Office of the High Commissioner in marking the International Year for People of African Descent and the attendant activities. Uganda thanked the support given to the Government by the Office of the High Commissioner to develop a victim and witness protection programme as well as support rendered to the organization of a judicial colloquium on victim and witness protection and the administration of justice in Uganda.

France said that the High Commissioner’s provision of technical assistance to countries in transition in the Middle East was essential. The Syrian Government must immediately put an end to violence against civilians and cooperate with the United Nations. France was concerned about the deterioration of the human rights situation in Iran. The French Government had adopted a national action plan against racism and discrimination.

Ethiopia welcomed the efforts of the High Commissioner on strengthening treaty bodies and on protecting the human rights of migrants, particularly women migrants. Ethiopia was designing a National Action Plan for the promotion and protection of human rights, including the human rights of marginalized groups. This plan would consider the accepted recommendations from the Universal Periodic Review.

Republic of Korea expressed serious concern over the continued and widespread violations of human rights by the Syrian regime. The Republic of Korea attached great importance to transitional justice, strengthening of the treaty bodies system and the second cycle of the Universal Periodic Review, which should focus on follow-up to the recommendations from the previous cycle to improve the human rights situation on the ground.

United Kingdom welcomed the efforts of the High Commissioner to end the death penalty, to promote women’s rights and to combat discrimination in all its forms. The United Kingdom reiterated its strong support for the Special Rapporteurs on Iran and the Democratic People's Republic of Korea and expressed its concern about continued refusal of access by both countries. The United Kingdom called upon Sri Lanka to implement the recommendations of their Lessons Learnt and Reconciliation Commission.

Poland expressed appreciation for the way the High Commissioner and her Office responded to the challenges resulting from the Arab Spring in the Middle East and North Africa region. Poland commended the High Commissioner on the work of the fact-finding mission on Syria as well as the Commisisoner’s assistance for the commission of inquiry. The human rights situation in Syria needed to be further thoroughly examined and monitored and the perpetrators of violations of international law needed to be brought to justice.

Germany looked forward to signing a new agreement regarding Germany’s voluntary contribution to the Office of the High Commissioner. Germany asked what was needed for the Office to keep pace with the fast developments witnessed in the last year. The Council had heard about Tunisia and Yemen, but what about the plan to establish an office in Egypt? Germany would also appreciate the High Commissioner’s comment on how the results of the process for strengthening the treaty body system could be used to achieve concrete improvements and how different stakeholders could make use of the recommendations of the report.

Iran shared the High Commissioner’s concern about the rise in xenophobic practices and hoped the Office would encourage States to support the political declaration adopted in commemoration of the tenth anniversary of the Durban Declaration. Iran asked the High Commissioner about the technical assistance that the Office provided for the development of national action plans to counter racial discrimination and implementation of the outcomes of the Durban world conference. Iran also asked the High Commissioner to elaborate on the kinds of initiatives taken or planned to promote good practices for providing technical cooperation.

Republic of Moldova said that following the High Commissioner’s visit in 2011 to the Republic of Moldova, the relevant authorities had intensified their efforts to combat discrimination, torture and trafficking in human beings. No human rights gaps should exist in regions that were not under the control of legitimate or internationally recognized governments and the Republic of Moldova urged the High Commissioner to continue to follow up on the human rights situation in the Transnistria region.

Slovenia said that Slovenia supported the multi-stakeholder process of strengthening the treaty body system following a bottom-up, inclusive and transparent approach. Slovenia requested more informaiton on the Gender Equality Strategic Plan that was being developed by the High Commissioner’s Office. Slovenia joined the call for the appointment of an independent expert to study the relationship between human rights and the environment.

Czech Republic said the Czech Republic commended the active role of the Office of the High Commissioner in combating impunity and strengthening accountability and reiterated that exercising freedoms of expression, assembly and association were essential conditions for the functioning of a tolerant democratic society. The Czech Republic underlined the importance of the faithful and effective implementation of Universal Periodic Review recommendations including reconsideration of recommendations that had been rejected.

Ireland said that all should stand back and reflect on how far the international community had come in the promotion and protection of human rights in recent years. The Universal Periodic Review gave a template for each country and needed to be complemented with the political will to move forward. Ireland was very impressed by the analysis the High Commissioner had provided to the Chief Executive Board in October, in which she had pointed out that many development agencies had failed to note that civil and political rights were an integral part of progress.

Benin reiterated the willingness of Benin to work with the High Commissioner, her Office and the Special Procedures and called upon the international community to provide the necessary resources for the functioning of the human rights system.

Argentina said that last November had seen the first meeting of the Committee on Forced Disappearances and Argentina encouraged the States which had not as yet ratified the Convention to do so. The mandate on truth and justice that had been created in 2011 at the initiative of Argentina and Switzerland would guarantee accountability and promote recovery, reconciliation and the rule of law.

Rwanda appreciated the initiatives undertaken by the Office of the High Commissioner for Human Rights to counter racial discrimination. Rwanda noted with satisfaction that combating poverty remained an important priority for the Office of the High Commissioner for Human Rights to guarantee the full enjoyment and realization of human rights. The Government of Rwanda had implemented several reforms and strategies in this field, which had resulted significantly in reducing poverty for the most vulnerable.

Iraq said that between 2004 and 2011, 69,263 had died and 239,133 had been injured due to terrorism. The Iraqi Government, seeking to address the human rights of those who fell victim to terrorism, would provide reparations. A law had been passed in this regard, which provided pensions and decent housing for victims of terrorism and their families. Iraq emphasized that the country had suffered immeasurable damage from terrorism.

Brazil said there should be a sense of pride for having completed the first circle of the Universal Periodic Review with a 100 per cent participation rate. The Office of the High Commissioner had been given a number of tasks which had tested the limits of its resources. Brazil supported the strengthening of the treaty body system but States could not be marginalized in the discussion leading to the reform of treaty bodies. The delegation commended the study on the prevalence of violence and discrimination against individuals on the basis of sexual orientation and gender identity. It was high time to add a human rights dimension to sustainable development.

Morocco said that Morocco would hold a workshop with freedom of speech experts against incitement to racial hatred to strengthen legislative practices and policies in this area. The right to development was a fundamental human right and the working group on this topic would require greater attention for progress to be achieved in this area. The human rights of migrants should be a matter of concern taken up by the Human Rights Council. The High Commissioner had shown great accountability and transparency in the financial management of her Office.

Angola said that it welcomed the increase in the number of offices of the High Commissioner around the world to strengthen State capacity in human rights. Angola welcomed the harmonization of methods of work among the existing ten treaty bodies in the framework of reform. Angola was concerned about a lack of funding for programmes for HIV/AIDS patients and for migrants. It also encouraged the High Commissioner to make information available on the website in more languages than the six of the United Nations.

Paraguay said that the Deputy High Commissioner had visited Paraguay in 2011. The Government shared the concern of the High Commissioner on policies that criminalized irregular detainees and discriminated against migrant workers and their families. Could the Office of the High Commissioner elaborate on its cooperation plans for the second round of the Universal Periodic Review Process? Paraguay was party to the ten international treaties and said that it was necessary to streamline the process to facilitate reporting.

Armenia said Armenia supported the work of the High Commissioner in the six thematic priorities and was preparing for the second cycle of the Universal Periodic Review and hoped it would be less politicized. Armenia attached great importance to the fight against discrimination and impunity and said that it was essential that the prohibition of propaganda of intolerance against other countries was included in national plans and also in education systems to promote a tolerant new generation.

Sudan said that the High Commissioner had commented in her report on the battles in the Blue Line Region and the human rights violations committed there and said that those areas were now in the state of South Sudan. On the peace agreement for Darfur, Sudan said that it was currently being implemented. The abduction of children continued by the rebel forces and Sudan could provide the international community with the location of their training camps.

Sri Lanka said that the Lessons Learned and Reconciliation Commission report represented the parameters of the rule of law strategies which had been taken into account by the Government. Dangerous precedents were created with discussions on internal matters of a state and were beyond the parameters of this Council. Sri Lanka was concerned about the insidious attempt targeting this country to spoil its reconciliation efforts. The appropriate forum for those debates was the Universal Periodic Review and Sri Lanka would be presenting its report in September 2012.

Nepal thanked the High Commissioner for highlighting Nepal’s legislative measures to criminalize caste-based discrimination and untouchability and her Office’s support to the Nepal Dalit Commission. The Nepalese peace process had gained momentum and there was a national determination to conclude the peace process and usher in a democratic era. Nepal appreciated the role played by the Office of the High Commissioner for Human Rights in Nepal in monitoring the human rights situation during a difficult period and in providing support and technical assistance to Nepal’s human rights institutions.

International Coordinating Committee of National Human Rights Institutions said the High Commissioner had a crucial mandate to promote the establishment and strengthening of independent and effective national human rights institutions in line with the Paris Principles. The Coordinating Committee expressed appreciation for the decision to allow national human rights institutions to employ video messages.

Society for Threatened Peoples joined others in expressing deep concern about the Government of Nepal’s decision not to extend the mandate of the Office of the High Commissioner for Human Rights in Nepal. The Society for Threatened Peoples asked for the report on the United Nations sponsored seminar on the issue of the death penalty in China and asked if there was progress on the dates of the High Commissioner’s visit to China.

15 European Region of the International Lesbian and Gay Association said that resistance by some States to recognize the rights of lesbian, gay, bisexual, transgender and intersex people highlighted how important it was that violations based on sexual orientation and gender identity be addressed as thematic priorities by the Office of the High Commissioner. There was a need to continue to mainstream the protection from discrimination and violence based on sexual orientation or gender identity in the work of the High Commissioner, including at the field level.

United Nations Watch said that chronic and worsening situations of gross and systematic human rights abuses had affected dissidents, activists, peaceful protestors and defenders of women’s rights who were in need of vital protection. United Nations Watch commended the proposed mission of the High Commissioner to Iran and expressed its concern regarding the ongoing situation of human rights in that country. Would the High Commissioner consider submitting legal briefs to support human rights defenders in Egyptian, Chinese and Pakistani courts?

World Alliance for Citizen Participation said that Syria was just one among many instances of state-led oppression, intimidation and violent crackdowns on civilians and praised the courage of people fighting for more freedom and democratic rule. The World Alliance hailed the High Commissioner’s continued efforts to combat against extreme poverty and inequalities with diligence and a human rights perspective. Integrating human rights into the fight against poverty should step up the process of reaching the Millennium Development Goals.

BADIL Resource Centre for Palestinian Residency and Refugee Rights said that Palestinian Bedouin communities had been deprived of their land and were today divided in two groups, one of which was living in the Negev dessert in Israel. Israel deemed them to be illegal trespassers and as such eligible for forcible eviction.

International Islamic Federation of Student Organizations said fundamental freedoms were universal and the United Nations had painfully failed in upholding them. The non-governmental organization was concerned that the decades old conflicts such as Kashmir and the Occupied Palestinian Territories that continued to be forgotten.

Lawyers Rights Watch Canada asked the High Commissioner to increase her vigilance and increase the protection of journalists. Sri Lanka had failed to achieve peace. The Panel of Experts provided appropriate analysis of violations committed in this country and the measures and recommendations to take.

Action International pour la Paix et le Développment dans la Région des Grands Lacs said major progress should not conceal the extreme challenges involved in combating impunity and promoting the rule of law. The organization asked the Council to put an end to the practice of double standards in the area of the promotion and protection of human rights.

Comité International pour le Respect et l’Application de la Charte Africaine des Droits de l’Homme et des Peuples welcomed the special attention that the High Commissioner had paid to the African continent. The Comité expressed great concern about the deafening silence of the Congolese Government and the international community concerning the grave human rights violations committed in the Democratic Republic of the Congo.

International Society for Human Rights and Indian Council of South America drew the attention of the Council to the situation in Camp Ashraf in Iraq. Preventive and urgent action to address the situation remained important.

Commission to Study the Organization of Peace believed that the Office of the High Commissioner for Human Rights had covered the agenda of global need for economic, social and cultural development through many treaty bodies and mechanisms.

North South XXI said that it regretted that the High Commissioner had not given greater emphasis to climate change and was discouraged by the fact that little action had been made in the Human Rights Council to create a special mechanism and Special Rapporteur on climate change.

Liberation said that an effective world wide mechanism was needed to follow-up on gross human rights violations in affected countries. What measures would the High Commissioner take to enable the office presence in Yemen to meet with international standards in monitoring, evaluating and in reporting?

Rencontre Africaine pour la Defense des Droits de l’Homme said that it welcomed the establishment of new mandates on the promotion of truth, justice and reparations and on an independent expert for the promotion of a democratic and equitable international order. The Council should take note of pre- and post-election violence in many African countries.

International Service for Human Rights said that the High Commissioner had drawn attention to the critical role played in transition processes by human rights defenders who faced risks in doing so. What could be done to enhance the protection of those who cooperated with United Nations mechanisms?

Institute on Human Rights and Holocaust said that in Iran the sentence for same sex relationships was the death penalty, and in Saudi Arabia homosexuality was illegal. Why did the High Commissioner remain silent on this, the Institute asked.


Concluding Remarks by the High Commissioner for Human Rights

NAVI PILLAY, United Nations High Commissioner for Human Rights, assured countries and non-governmental organizations that her Office would remain vigilant of the issues raised. The High Commissioner thanked the Council for its support with respect to the need for more financial resources. With regard to the Universal Periodic Review, the Office was discussing cooperation and reviewing proposals for assistance. Over 2010-2011, 22 activities in 14 countries were supported by the Trust Fund. The Office of the High Commissioner conducted 133 activities related to the Universal Periodic Review, benefiting 51 countries. The High Commissioner appreciated the interest in treaty body strengthening activities. No amount of harmonization would negate the need for additional resources to allow the treaty body system to fulfill its mandates. The lack of mention of the ad hoc committee was not indicative of its progress or attention accorded to it. In 2011, the Office provided support to eight countries to develop national action plans to counter racial discrimination. Regarding the impact of the work on the right to development, anniversary activities ended two months ago and, as such, it was difficult to assess the impact at this early stage.

More non-governmental organizations than ever were engaged with the Office. New policy statements had been agreed to by treaty bodies, Special Procedures and United Nations agencies. The Office’s staff members were cooperating to ensure human rights approaches were mainstreamed into Rio+20 deliberations. There was a heightened awareness of the need to integrate human rights into the post-2015 Millennium Development Goals agenda. Regarding the Special Rapporteur on transitional justice, the Office had taken the lead on transitional justice and provided support for the four pillars of transitional justice and related activities in over 20 countries. The Office of the High Commissioner for Human Rights provided technical and financial support to the International Criminal Court and had given full support to the creation of four International Criminal Court regional networks. The High Commissioner remained hopeful that her Office would be able to open an office in Cairo soon. The observations from the High Commissioner’s visit to the Occupied Palestinian Territories in 2011 remained relevant. There should be consideration of the implementation of the recommendations found in the High Commissioner’s report. The continued expulsion, demolition of homes, forced evictions and revocation of residency permits by the Israeli authorities were in clear violation of international law.

Right of Reply

China, speaking in a right of reply, said that separatist groups outside of China had incited Tibetans to engage in violence and the United States had disregarded this informaiton. Individuals from the Democratic People’s Republic of Korea had resorted to illegal channels to enter China and had violated the laws of the country and were therefore not considered as refugees. China said that the Human Rights Council should be a platform for dialogue but there had been a trend to politicizing the work of the Council with some Member States engaging in naming and shaming. In the United States, deep rooted racial discrimination had given rise to frequent hate crimes and the rights of immigrants were not protected. China was gravely concerned about the failure of the United States to close down Guantanamo Bay and urged the United States to review its own human rights record before criticizing others. Liu Xiaobo had committed crimes against the State and was therefore convicted by the courts.

Sri Lanka, speaking in a right of reply, said that Sri Lanka regretted the comments this morning by the United States Under-Secretary of State and her advice to the Council to engage in practices that would undermine the impartiality and legitimacy of its work. In less than three months since the release of the report on Sri Lanka, significant progress had been made in implementing the recommendations. All but one detention centres had been closed and most combatants who had surrendered had been rehabilitated. Two courts of inquiry and a board of inquiry had been established by the military. The Universal Periodic Review was the appropriate mechanism to address the progress of human rights in Member States.

Democratic People’s Republic of Korea, speaking in a right of reply, said that it strongly rejected the statement made by the United States this morning. This Council should first establish a Special Rapporteur on the state of human rights in the United States. The Government neither accepted nor recognized the mandate of the Special Rapporteur on human rights in the Democratic People’s Republic of Korea. The United States was not a guardian of human rights and should reflect on its own record in committing human rights violations inside and outside the country before pointing at other countries.

Iran, speaking in a right of reply, said that parliamentary elections were being successfully held in Iran, but that the United States and other countries were presenting a wrong picture of the situation on the ground. Such practices had nothing to do with human rights and would harm the credibility of the Human Rights Council and the human rights mechanisms. Iran expected the United States to apologize for the burning of copies of the Koran by its soldiers in bases in Afghanistan.

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For use of the information media; not an official record