MORNING

5 March 2012

The Human Rights Council this morning heard the presentation of reports presented by the United Nations Secretary-General and the High Commissioner for Human Rights and held a general debate on the reports.

Kyung-wha Kang, Deputy High Commissioner for Human Rights, presented the more than 20 reports of the Secretary-General and the High Commissioner, which dealt with issues ranging from the composition of the staff of the Office of the High Commissioner for Human Rights and the Voluntary Funds for the Universal Periodic Review and for victims of torture, to the rights of minorities, harmonizing the treaty body system and the protection of human rights in the context of HIV/AIDS.

In the general debate, speakers thanked the High Commissioner for her focus on the right to development and the Millennium Development Goals. The draft guiding principles on human rights and extreme poverty that were currently being developed would provide the world with a concrete tool for integrating human rights into a new development framework. The report on the relationship between human rights and the environment provided a chance to regain momentum and take forward and mobilize the links. There was an urgent need to strengthen human rights mechanisms to ensure unhindered access to new information technologies. Speakers shared the concern of the High Commissioner on the lack of freedom of association and constant monitoring of associations ending in detention and prosecution of civil society activists. Some speakers expressed appreciation for the High Commissioner’s efforts in correcting the geographic and gender imbalance in her Office, while other speakers said they were concerned about the continued imbalance in the geographical distribution of staff.

Concerning the report on discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, some speakers said the report was rooted in a highly controversial mandate and reiterated consistent and firm opposition to the subject in the work of the Human Rights Council. Other speakers said the right of each person to decide on their sexual orientation without social rejection and with full legal guarantees required strengthening. Concerning the report on the outcome of the panel discussion on the issue of the human rights of victims of terrorism, speakers said that although the United Nations had provided a sound legal structure on counter-terrorism, there remained a significant gap between the objectives behind United Nations measures and the stark reality. Speakers noted that the final report of Sri Lanka’s Domestic Lessons Learnt and Reconciliation Commission fell short of the comprehensive accountability process recommended by the Secretary-General’s Panel of Experts.

Speaking in the general debate were Senegal on behalf of the African Group, Pakistan on behalf of the Organization of Islamic Cooperation, United States, Qatar, Cuba, India, Maldives, Belgium, Mauritius, Libya, Spain, Turkey, Egypt, Tunisia, Bahrain, Council of Europe, Argentina and Australia.

The following non-governmental organizations also took the floor: International Confederation Federation of Catholic Charities, International Movement ATD Fourth World, Movement against Racism, Human Rights Watch, International Human Rights Association of American Minorities, Reporters Without Borders International, Verein Sudwind Entwicklungspolitik, World Muslim Congress, North South XXI, International Humanist and Ethical Union, International Federation of Journalists, Indian Council of South America, International Institute for Peace, International Islamic Federation of Student Organizations, Action Internationale pour la Paix et le Développement dans la Région des Grand Lacs, Comité International pour le Respect et l’Application de la Charte Africaine des Droits de l’Homme et des Peuples, European Union of Public Relations, Center for Environmental and Management Studies, Commission to Study the Organization of Peace, United Schools International, International Commission of Jurists, World Environment and Resources Council and United Nations Watch.

At the beginning of the meeting, Syria and Israel spoke in right of reply, which were postponed from Friday 2 March following the general debate.

Laura Lasserre Dupuy, President of the Human Rights Council, said that the language of violence and intimidation was inacceptable. Concerning threats and intimidation experienced by some civil society organizations in the Room XX, the Human Rights Council would undertake a very serious investigation into the events.

At noon, the Council starts its midday meeting during which it will hear the presentation of reports by the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and the Special Rapporteur on the situation of human rights defenders, followed by an interactive dialogue.

Right of Reply

Syria, speaking in a right of reply, said Syria strongly condemned the reference to a violation of human rights in Syria made in the remarks of Israel as the Government of Israel was the greatest violator of human rights in the Occupied Territories. The failure of the United Nations to address the violations of the rights of women and children undertaken by Israel in violation of all United Nations resolutions should be a priority of the Council.

Israel, speaking in a right of reply, said that the statement of Syria was intended to divert the attention of the Human Rights Council from what was currently happening in Syria and notably in Homs. History was repeating itself as the massacre that had occurred in 1982 in Hama was happening again in Homs because the Syrian regime wanted to cling to power.

Syria, speaking in a right of reply, said that it was only the Syrian people who had the right to decide the future of their country and stressed that there was no room for those who were committing crimes in their own country and who were violating in the gravest way human rights to comment on the actions of other Governments.

Statement by the President of the Council

LAURA LASSERRE DUPUY, President of the Human Rights Council, said that the language of violence and intimidation was inacceptable. Concerning threats and intimidation experienced by some civil society organizations in the Room XX, the Human Rights Council would undertake a very serious investigation into the events. The Council took its responsibility seriously and ensured that those wishing to participate in human rights discussions were free from any threat of reprisal.

Documentation

The Council has before it the Report of the Secretary-General containing conclusions and recommendations by special procedures (A/HRC/19/23)

The Council has before it a report on the Composition of the staff of the Office of the United Nations High Commissioner for Human Rights - Report of the United Nations High Commissioner for Human Rights (A/HRC/19/24)

The Council has before it the Report of the Office of the High Commissioner for Human Rights on the operations of the Voluntary Fund for participation in the Universal Periodic Review (A/HRC/19/25)
The Council has before it the Report of the Secretary-General on the United Nations Voluntary Fund for Victims of Torture (A/HRC/19/26)
The Council has before it a report on the Rights of persons belonging to national or ethnic, religious and linguistic minorities - Report of the United Nations High Commissioner for Human Rights (A/HRC/19/27)

The Council has before it the Report of the Secretary-General on measures taken to implement resolution 9/8 and obstacles to its implementation, including recommendations for further improving the effectiveness of, harmonizing and reforming the treaty body system (A/HRC/19/28)

The Council has before it a report on the Special Fund established by the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment - Note by the Secretary-General (A/HRC/19/29)

The Council has before the Report of the United Nations Entity for Gender Equality and the Empowerment of Women on the activities of the United Nations Trust Fund in Support of Actions to Eliminate Violence against Women - Note by the Secretary-General (A/HRC/19/30)

The Council has before it the Joint work plan of the United Nations Entity for Gender Equality and the Empowerment of Women and the Office of the United Nations High Commissioner for Human Rights - Report of the Secretary-General (A/HRC/19/31)

The Council has before it the Analytical compilation of the submissions received in writing and made at the consultation on the progress report on the draft guiding principles on extreme poverty and human rights - Report of the Office of the United Nations High Commissioner for Human Rights (A/HRC/19/32)

The Council has before it the Thematic study of the Office of the United Nations High Commissioner for Human Rights on the impact of unilateral coercive measures on the enjoyment of human rights, including recommendations on actions aimed at ending such measures (A/HRC/19/33)

The Council has before it the Analytical study on the relationship between human rights and the environment - Report of the United Nations High Commissioner for Human Rights (A/HRC/19/34)

The Council has before it the Report of the High Commissioner - Study on challenges, lessons learned and best practices in a holistic, child rights and gender-based approach to protect and promote the rights of children working and/or living on the street (A/HRC/19/35)

The Council has before it the Thematic study by the Office of the United Nations High Commissioner for Human Rights on participation in political and public life by persons with disabilities (A/HRC/19/36)

The Council has before it a report on The protection of human rights in the context of human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS) - Report of the United Nations High Commissioner for Human Rights (A/HRC/19/37)

The Council has before it the Summary of the Human Rights Council panel discussion on the issue of human rights of victims of terrorism - Report of the United Nations High Commissioner for Human Rights (A/HRC/19/38)

The Council has before it the Summary of the panel discussion of the Human Rights Council on the theme: “The way forward in the realization of the right to development: between policy and practice” (14 September 2011, Geneva) - Report of the United Nations High Commissioner for Human Rights (A/HRC/19/39)

The Council has before it the Summary of the Human Rights Council panel discussion on the promotion and protection of human rights in the context of peaceful protests prepared by the Office of the United Nations High Commissioner for Human Rights (A/HRC/19/40)

The Council has before it a report on Discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity - Report of the United Nations High Commissioner for Human Rights (A/HRC/19/41)

The Council has before it a Comprehensive study on the negative impact of the non-repatriation of funds of illicit origin to the countries of origin on the enjoyment of human rights, in particular economic, social and cultural rights - Report of the United Nations High Commissioner for Human Rights (A/HRC/19/42)

The Council has before it a report on Human rights and arbitrary deprivation of nationality - Report of the Secretary-General (A/HRC/19/43)

The Council has before it a report on The right to development - Report of the Secretary-General and the United Nations High Commissioner for Human Rights (A/HRC/19/45)

The Council has before it a Compilation prepared by the Office of the United Nations High Commissioner for Human Rights, in accordance with paragraph 10 of Human Rights Council resolution 16/22 (A/HRC/19/50)

Presentation of the Reports

KYUNG-WHA KANG, United Nations Deputy High Commissioner for Human Rights, presented thematic reports of the Secretary-General and High Commissioner and said that the report of the High Commissioner on the composition of the staff of her Office provided updated information on the staffing of the office as at 31 December 2011 and the improvement in geographic diversity of the staff. The report of the Secretary-General on the United Nations Voluntary Fund for Victims of Torture noted with concern the dramatic shortfall in funds available. The report of the High Commissioner on the rights of persons belonging to minorities gave an overview of the recent developments under the treaty bodies and the Council’s Special Procedures and mechanisms. The Secretary-General’s report on measures taken to implement resolution 9/8 on reforming the treaty body system highlighted the most recent developments and the activities undertaken by treaty bodies in 2011. The note by the Secretary-General on the Special Fund for Victims of Torture provided financial information on the Fund. The Secretary-General also transmitted the report of United Nations Women which highlighted the achievements in the elimination of violence against women and marked the fifteenth anniversary of the Trust Fund to End Violence against Women. The Joint Work Plan of United Nations Women and the Office of the High Commissioner for Human Rights contained recommendations for new and strengthening modalities for cooperation with a focus on the promotion of gender equality and the empowerment of women.

The Office of the High Commissioner for Human Rights submitted to the Council the analytical compilation of comments of the draft guiding principles on extreme poverty and human rights; the study on the impact of unilateral coercive measures on the enjoyment of human rights; an analytical study on the relationship between human rights and the environment in which it recommended that the Council examine the possibility of establishing a Special Procedure; the thematic study on the participation of persons with disabilities in political and public life; and the study on discriminatory laws and practices and acts of violence perpetrated on the basis of sexual orientation and gender identity. The report of the High Commissioner on the promotion and protection of the rights of children working and/or living on the street analyzed the causes leading children to the street and made recommendations to States and stakeholders. The High Commissioner’s report on the protection of human rights in the context of HIV/AIDS provided an overview of human rights challenges and an analysis of 2011 and concluded that the Declaration presented an opportunity to chart a new course for the global AIDS response. The High Commissioner further presented summaries of panel discussions on the human rights of victims of terrorism; on the way forward in the realization of the right to development; and on the promotion and protection of human rights in the context of peaceful demonstrations. The Council had before it the consolidated report of the Secretary-General and the High Commissioner on the right to development which mentioned the interconnectedness of global challenges and crises and said that economic, social and environmental concerns were inseparable and that human rights were integral to them all.

General Debate

Senegal, speaking on behalf of the African Group, said that concerning the report on the negative impact of the non-reparation of funds of illicit origin to their country of origin, the African Group was right to stress the urgency of the issue of non-reparation of funds because the countries concerned required significant investment in their socio-economic development. The challenge of addressing the non-reparation of illicit funds remained immense and would require proper handling of judicial proceedings and the development of political will.

Pakistan, speaking on behalf of the Organization of Islamic Cooperation, said that the Organization of Islamic Cooperation was concerned over the continued imbalance in geographical distribution of the staff of the Office of the High Commissioner for Human Rights as the latest report noted that one region continued to hold almost half of the posts in the Office. Concerning the report on discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, the Organization of Islamic Cooperation believed that the report was rooted in a highly controversial mandate and reiterated its consistent and firm opposition to the subject in the work of the Human Rights Council.

United States said that the resolution adopted on the human rights situation in Syria had sent a forceful message about the international community’s outrage at the ongoing human rights violations and the deepening humanitarian crisis created by the Assad regime. Concerning the final report of Sri Lanka’s Domestic Lessons Learnt and Reconciliation Commission, the report had not included any plan to implement those recommendations or to adequately address accountability. The United States would join Sweden to call for the renewal of the mandate of the Special Rapporteur on human rights in Iran.

Qatar said Qatar took note of the activities carried out by the High Commissioner in 2011, which partly covered events in the Arab region. The international community must assume its responsibility and end violence against civilians and the bloodshed in Syria. Qatar welcomed the thematic priorities of the Office of the High Commissioner and on the focus on the right to development and regretted that the report failed to mention the grave situation in the Occupied Palestinian Territories.

Cuba welcomed the study of the negative impact of coercive measures on the enjoyment of human rights, adding that it was hard to assess them. The blockade on Cuba by the United States for the past 50 years had caused massive damage and was a flagrant violation of the human rights of the entire Cuban people. On the report of the staffing of the Office, Cuba asked what other measures were planned to change the marked imbalance in geographic diversity of its personnel.

India thanked the High Commissioner for her focus on the right to development, the Millennium Development Goals, and on the empowerment of women, and expressed appreciation for efforts in correcting the geographic and gender imbalance in her Office. India remained deeply concerned that the Office still did not have specific targets and deadlines to improve the geographic diversity of the staff and asked the High Commissioner to provide further information on future plans to address this.

Maldives thanked the Office of the High Commissioner for the report on human rights and the environment. The study usefully outlined the limits of the current consensus and proposed ways to further the common understanding. The Maldives believed the report provided a chance to regain momentum and take forward and mobilize the links between human rights and the environment. The benefits would be enormous at three levels: in informing and improving policies; in better understanding how environmental harm undermined and even violated human rights and how environmental protection could contribute to the enjoyment of human rights; and in better understanding and leveraging the interconnections.

Belgium supported Council resolution 48/141 and reaffirmed that independence and impartiality were important for the High Commissioner. Belgium underscored the fundamental role of regional offices, particularly in supporting the transitional role of governments after the Arab Spring. Belgium supported the Commission of Inquiry investigating the situation in Syria. Belgium remained concerned about the multiplication of discrimination across the world and was pleased to see there would be a panel on sexual orientation and gender identity. Belgium supported the High Commissioner’s work in Burundi and the Democratic Republic of the Congo, and was concerned about the increased use of the death penalty in Iran and Iraq.

Mauritius shared the view, as indicated in the report on human rights and the environment, that the issues were inherently interlinked. Many fundamental human rights, such as the right to live in security, the right to adequate health and housing and others depended on a clean and healthy environment. Human rights law needed to be strengthened in this area. Along with the human factor, involving the accountability frameworks and other human rights approaches were important to the protection of the environment. Article 24 of the African Charter could be considered in this regard, which stated that all people should have the right to a generally safe environment to ensure their human development.

Libya said that many international instruments had demonstrated the close link between the protection of the environment and the protection of human rights. The challenges the world faced in terms of access to water and the rise in global warming highlighted the importance of these links. Libya fully agreed with the conclusions of the report on human rights and the environment which called for a high-level debate and conducting further studies on the role of the environment and human rights.

Spain said that with over 15 countries visited in 2011, the High Commissioner for Human Rights had shown her commitment to her work. Spain believed that the strengthening of human rights mechanisms was a priority. Special attention should be paid to the fight against impunity. Spain was aware of the growing demand on the services of the Office and stressed the need for significant investments in her work. The opening of the Office’s presence in Tunis was significant as well as the opening of a regional office in Cairo.

Turkey said that concerning the report on the outcome of the panel discussion on the issue of the human rights of victims of terrorism, although the United Nations had provided a sound legal structure on counter-terrorism, there remained a significant gap between the objectives behind United Nations measures and the stark reality and it was necessary to make a candid assessment of remedies. Concerning the report on the outcome of the panel decision on the promotion and protection of human rights in the context of peaceful protests, Turkey would remain a main sponsor of a decision on this subject during the current session.

Egypt said that the report 19/41 on sexual orientation was another one of the attempts of the Office of the High Commissioner for Human Rights to undertake a promotional role aimed at mainstreaming issues that went beyond the provisions of international human rights law instruments. The formulation and adoption of new international human rights standards and norms were exclusive prerogative of States.

Tunisia said that concerning the process of strengthening the treaty body system, States needed to quickly find an acceptable formula for all because the credibility of the system was at stake. On the right to development, Tunisia believed that what lacked from the current vision was a serious regard on this right despite its existence for 25 years.

Bahrain said Bahrain was particularly attached to the enhancement of human rights and the Government always implemented all international commitments and obligations in the field of human rights. An independent Commission had been established in Bahrain to investigate alleged violations of human rights in this country and it had presented its report and recommendations to the State.

Council of Europe wished to welcome the opening for signature of the third Optional Protocol to the Convention on the Rights of the Child, which the Council of Europe had supported since its outset. The Council of Europe had worked in close cooperation with the United Nations Children’s Education Fund and the Special Representative of the Secretary-General on the question of violence against children. It also held the first regional seminar for Europe on this topic in 2009 in Strasbourg. The Council followed with interest the second cycle of the Universal Periodic Review and would provide technical assistance for implementing the related recommendations.

Argentina welcomed the presentation of document A/HRC/19/41. This was the first time the Human Rights Council addressed the theme of sexual orientation and gender identity. Argentina welcomed the resolution of South Africa which was a step towards eliminating violence based on sexual orientation and gender identity. The right of each person to decide on their sexual orientation without social rejection and with full legal guarantees required strengthening.

Australia welcomed the report of the Secretary-General on harmonizing and reforming the treaty body system. Australia supported the Secretary-General’s proposals of an interim calendar reflecting temporary increases in meetings to address backlogs and a fixed calendar. However, such proposals would need to be considered more closely in the context of limited resources. Regarding the High Commissioner’s report on the environment, Australia recognized the significant threat to human rights posed by environmental degradation and climate change. Australia supported the High Commissioner’s call for further studies on the relationship between human rights and the environment.

International Confederation of Catholic Charities, in a joint statement, said that at the end of 2010, 2 million children were living with HIV and 50 per cent of treatable HIV children had died. Approximately 80 per cent of HIV infants were born to mothers who were never tested for the disease due to high levels of stigma and unaffordable prices for tests.

International Movement ATD Fourth World said that the draft guiding principles on human rights and extreme poverty that were currently being developed would provide the world with a concrete tool for integrating human rights into a new development framework. The guiding principles should be adopted in September 2012.

Movement against Racism, in a joint statement, said that the rights of the Roma people could only be respected when countries showed political will to address racism and stigmatization. The Council should address the needs of the Kurdish people, many who had been detained in Turkey and had not been allowed the full opportunity to enjoy their rights.

Human Rights Watch said the High Commissioner noted that the report of the Sri Lanka Lessons Learned and Reconciliation Commission fell short of the comprehensive accountability process recommended by the Secretary-General’s Panel of Experts. Real progress in Sri Lanka could only come through an independent international investigation mechanism.

International Human Rights Association of American Minorities said the Office of the High Commissioner should not shift focus away from the already established areas of work. The International Human Rights Association of American Minorities had brought attention to the impunity related to the situation in Indian-administered Kashmir. The Office of the High Commissioner should continue to focus on areas where human rights violations had been continuing for decades.

Reporters Without Borders International said there was an urgent need to strengthen human rights mechanisms to ensure unhindered access to new information technologies. Many large enterprises of the internet sector not only ignored how their technologies were being used, some had even actively collaborated with governments in the installation of filtering and surveillance systems. More rigorously binding measures needed to be considered.

Verein Sudwind Entwicklungspolitik said that too many peaceful protests in the world were brutally suppressed and shared the concern of the High Commissioner on the lack of freedom of association and constant monitoring of associations ending in detention and prosecution of civil society activists.

World Muslim Congress drew attention to the responsibility of States to protect the human rights of their citizens in the context of peaceful protests and said that occupied Kashmir had been ignored during the recent panel on the protection of human rights in the context of peaceful protests.

North South XXI urged the Council to enhance its involvement in the international forums discussing climate change and to consider it essential to name a Special Rapporteur on human rights and climate change.

International Humanist and Ethical Union deplored the resistance of some States to the upcoming panel discussion on sexual orientation and gender identity and said that its objective was not to promote homosexual behaviour but to defend those of different sexual orientation from discrimination and violence.

International Federation of Journalists said the Human Rights Council was meeting at a trying time for journalists when the loss of media lives continued unabated on a shocking scale. One hundred and six journalists and news media personnel were killed in 2011. This cried out for more action by internationals institutions such as the United Nations and its agencies.

Indian Council of South America said the World Intellectual Property Organization process regarding indigenous peoples had reduced their status and was a heavy concern. The Indian Council of South America called upon the High Commissioner to convene a meeting with indigenous peoples, given that the World Intellectual Property Organization had no process to address their issues.

International Institute for Peace said terrorist groups that were clever enough to utilize democratic and human rights mechanisms were a threat to citizens and democracy, and could force nations to adopt draconian measures to fight terrorism; those measures must be temporary and justified by law.

International Islamic Federation of Student Organizations highlighted the importance of combating impunity and strengthening accountability, given the many individuals who had lost their lives and liberty in pursuit of those aims in the last year. The Government of India had blocked legal processes to ensure accountability of human rights violators in the state of Kashmir.

Action Internationale pour la Paix et le Développement dans la Région des Grand Lacs expressed satisfaction at seeing those responsible for violence against human rights defenders being brought to justice and said that the last report from the United Nations in the Democratic Republic of the Congo clearly stated that the eastern part of the country remained unstable.

Comité International pour le Respect et l’Application de la Charte Africaine des Droits de l’Homme et des Peuples expressed its concern about the continuing attacks against human rights defenders in the Democratic Republic of the Congo and said that human rights needed to play a crucial role in this country where violence and impunity ruled regardless of the presence of 20,000 United Nations blue helmets.

European Union of Public Relations said that violence against women was rampant in all corners of the world. Millions of women lived in a state of abject deprivation and poverty only because they were women. It was imperative to ensure that ages old practices did not contribute to discrimination against women and girls.

Centre for Environmental and Management Studies said what really mattered was what happened when freedom of expression or lack of it got translated into real societies and real communities. The internet could be deceptive and confusing and could be used to provide incorrect information.

Commission to Study the Organization of Peace said that terrorism was a matter of serious concern. It was time for the United Nations to take a more aggressive stance and set up a regional group made up of countries with an interest in the economic and social development Afghanistan.

United Schools International said the internet was a phenomenon that transformed the phrase “freedom of expression” and enabled people in the farthest corners of the world to articulate their viewpoints.

International Commission of Jurists, in a joint statement with Human Rights Watch and Amnesty International, expressed concern about the precarious human rights situation in Nepal, where the criminal justice system had proved ineffective in combating impunity. The Office of the High Commissioner for Human Rights was urged to make a strong and unambiguous statement that a general amnesty for serious human rights abuses would have serious consequences for Nepal’s standing in the international community, and also to release its completed conflict mapping and emblematic case report prior to its departure from Nepal in June 2012.

World Environment and Resources Council highlighted the lasting psychological impact suffered by children in conflict situations, in addition to physical injury. When societal norms broke down, serious violations of children’s human rights took place, for example the use of child soldiers, and girls being treated as sex slaves, especially by Jihad groups.

United Nations Watch said that terrorism did not grow in a vacuum – it bred in an atmosphere that taught extremism and legalized violence against civilians. The Human Rights Council had not convened one special session, nor adopted one resolution, to condemn terrorist atrocities. It was time for the Council to adopt a new approach to protect the human rights of victims of terrorism.
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For use of the information media; not an official record