Human Rights Council holds Interactive dialogue with the High Commissioner for Human Rights on her Annual report

Human Rights Council
MORNING 2 March 2012

United States Under-Secretary of State for Democracy and Global Affairs
Addresses the Plenary

The Human Rights Council this morning held an interactive dialogue with the United Nations High Commissioner for Human Rights on her annual report. It was also addressed by the Under-Secretary of State for Democracy and Global Affairs of the United States.

Navi Pillay, High Commissioner for Human Rights, said that 2011 had been a critical year for human rights and the mobilization of civil society in contesting repressive power structures and failed forms of governance, particularly in the Middle East and North Africa. Ms. Pillay commended the leadership of the Human Rights Council which had promptly responded to the situations in Libya and the Syrian Arab Republic, notably by establishing commissions of inquiry for the two countries. The Council was also on its way to completing the first Universal Periodic Review Cycle with a 100 per cent participation rate. Over the past year, there had been the creation of two new thematic mandates, three new country mandates, the expansion of the mandate of the Special Rapporteur on toxic waste, and the creation of a working group on human rights and transnational corporations and other business enterprises.

Opposing the criminalization of irregular migration, as well as drawing attention to the vulnerability and human rights violations experienced by migrants in the context of the Arab Spring, was a strong focus of the Office’s work last year. Ms. Pillay concluded by noting that the continued increase in the tasks requested of her Office had tested the limits of its ability to absorb mandates without commensurate resources and appealed for a commitment to ensure that adequate resources were attached to each vital mandate.

In the interactive dialogue on the annual report of the High Commissioner for Human Rights, speakers said that the Council’s focus on country situations in the past year and a half had allowed the strengthening of the protection of human rights. Speakers emphasized the need to increase the proportion of the United Nations regular budget funding in overall funding of the High Commissioner’s Office. Many speakers shared the High Commissioner’s concern with the rise in discrimination based on religious and cultural identity. Many speakers rejected the attempt to impose the issue of sexual orientation on the agenda of the Council and said it was important to bear in mind that moral consensus and values in a community were rooted in cultural and religious beliefs. Speakers said that investigating human rights violations was primarily the responsibility of Member States and warned that intervention by foreign States could lead to escalation in these situations.

Speakers included the Philippines, Senegal on behalf of the African Group, Switzerland, Denmark on behalf of the European Union, Pakistan on behalf of the Organization of Islamic Cooperation, Egypt on behalf of the Non-Aligned Movement, Mauritania on behalf of the Arab Group, Costa Rica, Malaysia, Cuba, Australia, Israel, Turkey, the Russian Federation, Norway, India, Saudi Arabia, Peru, Ecuador, Nigeria, Uruguay, Japan, Latvia, Thailand, Tunisia, Uzbekistan and Greece.

At the beginning of the meeting, Maria Otero, Under-Secretary of State for Democracy and Global Affairs of the United States, said the Commission of Inquiry’s mandate on Syria should be extended so that it could continue to document the atrocities being committed in Syria. The United States had supported human rights protection and promotion in Kyrgyzstan, Guinea, Haiti, Côte d’Ivoire, the Democratic People’s Republic of Korea, Myanmar, and Sri Lanka, among others, and hoped to reach agreements to provide additional assistance to Yemen and Libya. Ms. Otero reiterated that the universal freedoms of expression, assembly and association were as applicable to on-line as well as off-line modes of communication.


The Council will resume its work at 3 p.m. this afternoon when it will continue the interactive debate on the annual report of the High Commissioner for Human Rights. It will then hear the introduction of thematic reports of the Office of the High Commissioner and the Secretary-General.


Statement by United States Under-Secretary of State for Democracy and Global Affairs

MARIA OTERO, United States Under-Secretary of State for Democracy and Global Affairs, said the Commission of Inquiry’s mandate had to be extended, so that it could continue to document the atrocities being committed in Syria. The United States stood with religious and political leaders around the world in condemning the conviction of Youcef Nadarkhani. The United States had supported human rights protection and promotion in Kyrgyzstan, Guinea, Haiti, Côte d’Ivoire, Democratic People’s Republic of Korea, Myanmar and Sri Lanka, among others. The United States hoped to reach agreement to provide additional assistance to Yemen and Libya during this session. The United States had also worked through the Council to address significant cross-cutting issues that affected all, including combating discrimination on the basis of religion or belief. The United States reiterated that the universal freedoms of expression, assembly and association were as applicable on the Internet and mobile technologies as they were to traditional modes. The United States was disappointed that the review process did not address the unfair singling out of one country for a permanent agenda item. The United States remained gravely concerned about recent violence and continuing tensions in Tibetan areas of China.

Documentation

The Council has before it the Annual report of the United Nations High Commissioner for Human Rights (A/HRC/19/21) which provides an update on the key activities undertaken by the Office of the United Nations High Commissioner for Human Rights in 2011. It focuses on the implementation of the six thematic priorities established by the Office for the period 2010-2013.

Statement by United Nations High Commissioner for Human Rights

NAVI PILLAY, United Nations High Commissioner for Human Rights, said that 2011 was a critical year for human rights and the mobilization of civil society in contesting repressive power structures and failed forms of governance, particularly in the Middle East and North Africa. Ms. Pillay commended the leadership of the Human Rights Council which promptly responded to the situations in Libya and the Syrian Arab Republic, notably by establishing commissions of inquiry for the two countries. The Council was also on its way to completing the first Universal Periodic Review Cycle with a 100 per cent participation rate. Supporting the work of treaty bodies and the Special Procedures of the Human Rights Council was a priority for the Office of the High Commissioner. Over the past year, there had been the creation of two new thematic mandates, three new country mandates, the expansion of the mandate of the Special Rapporteur on toxic waste, and the creation of a working group on human rights and transnational corporations and other business enterprises. The newly established Committee on Enforced Disappearances had held its first session, and the Committee on the Rights of Persons with Disabilities had considered its first State party report. The treaty body system would continue to grow with more ratifications, reporting and the development of new international instruments. However, the ability of the Office of the High Commissioner to support the treaty bodies had become unsustainable and the human rights protection offered by the treaty bodies would be weakened unless changes occurred.

The High Commissioner was deeply concerned about the rise in xenophobic and discriminatory practices around the world. Indigenous peoples continued to lose their traditional lands and religious minorities were increasingly targeted in sectarian violence. The United Nations Indigenous Peoples Partnership was launched in early 2011 to advance the right of indigenous peoples to participate in decision-making processes. Last year, considerable advances were made in the promotion and protection of the rights of persons with disabilities. Opposing the criminalization of irregular migration, as well as drawing attention to the vulnerability and human rights violations experienced by migrants in the context of the Arab Spring, was a strong focus of the Office’s work last year. The Office had provided support for transitions to democracy in the Middle East and North Africa, including by providing expertise on transitional justice and rule of law issues.

The exercise of freedoms of expression, assembly and association, so critical in transition processes, had increasingly been met by violent crackdowns on peaceful protests, obstruction in formation of associations, interference and monitoring of associations' activities, and arrest, detention and trial of civil society actors. Ms. Pillay was alarmed at the surge in executions that was reported to have taken place in Iran during the last year and a recent spike in the number of executions in Iraq – particularly since fair trial standards had usually not been guaranteed. In Sudan, areas of South Kordofan, Blue Nile and also Darfur had continued to see heavy fighting and related human rights violations, while South Sudan had struggled to contain deadly inter-communal violence in Jonglei, Warrap and Unity states. These developments underscored the need to resolve the causes of violence and the urgency of addressing widespread impunity.

Ms. Pillay concluded by noting that the continued increase in the tasks requested of her Office had tested the limits of its ability to absorb mandates without commensurate resources and appealed for a commitment to ensure that adequate resources were attached to each vital mandate.

Interactive Dialogue with the High Commissioner

Philippines said the Philippines commended the efforts of the High Commissioner for Human Rights on speaking out for the rights of migrants, as had been seen last year in Libya, and in raising standards in peacekeeping operations. The Philippines extended sincere appreciation for the work of her Office in the area of human trafficking, poverty eradication, human rights education, and climate change.

Senegal, speaking on behalf of African Group, commended the outstanding involvement of the High Commissioner in the commemoration of the tenth anniversary of the Durban Declaration and Programme of Action and the International Year of People of African Descent. The African Group remained concerned about the situation of migrants and said they deserved the full attention of the Council.

Switzerland said that the Council had decided to create a mandate on truth and justice, which reflected the importance that the international community attached to those issues. Switzerland asked how the Office of the High Commissioner intended to work together with this new Special Procedure. Also, how the International Commission against the Death Penalty could support the efforts of the Office of the High Commissioner for Human Rights in this regard?

Denmark, speaking on behalf of the European Union, reiterated its appreciation to the High Commissioner’s Office during the events in the Middle East and North Africa. Thanks to the High Commissioner’s determination to raise the profile of human rights in New York, the Security Council now paid greater attention to human rights issues in its thematic and country resolutions. Promoting and protecting human rights for all, without any discrimination, was the shared objective.

Pakistan, speaking on behalf of the Organization of Islamic Cooperation, commended the High Commissioner’s advocacy of the right to development for inclusion in the post 2015 agenda. The Organization of Islamic Cooperation was disappointed at the failure to close the detention facility at Guantanamo Bay. With respect to sexual orientation, the High Commissioner should not act as the promoter of a notion that was outside the framework of international human rights law. It was disappointing that the High Commissioner did not mention the burning of the holy Koran or the situation in the Palestinian Occupied Territories in her report.

Egypt, speaking on behalf of the Non-Aligned Movement, emphasized the need to increase the proportion of the United Nations regular budget funding in overall funding of the office. The Non-Aligned Movement welcomed the attention of the High Commissioner to counter the escalation of incitement of national, racial or religious hatred and intolerance, and promote the rights of migrants and the right to development. Any action by this Council with respect to Sri Lanka was unwarranted.

Mauritania, speaking on behalf of the Arab Group, said that the Arab Group was in favour of strengthening and streamlining human rights mechanisms as long as this work occurred in an intergovernmental forum. The Arab Group supported the efforts of the Office of the High Commissioner to fight all forms of racism and xenophobia but regretted reference to subjects related to sexual preferences, which were not compatible with the values, principles, moral precepts and legal texts enforced in the countries of the Arab Group. The international community should act seriously to prevent hatred and incitement to hatred as illustrated by the recent burning of the Koran.

Costa Rica said that 20 years on from its creation, the Office of the High Commissioner for Human Rights had exceeded its expectations. Costa Rica was aware that the work of the Office should give priority to regions going through a transitional period or who were emerging from domestic conflicts, but stressed that other countries also required the support of the High Commissioner and noted the important role provided by the High Commissioner’s regional office, most recently in drafting a code against racism.

Malaysia said that it was important to bear in mind that moral consensus and values in a community, in particular on matters related to sexual orientation, were rooted in cultural and religious beliefs and that the views of the majority in a democratic society should be respected. The process of state building and national reconciliation should be driven at the domestic level and given the necessary time to meet its objectives. Malaysia had decided to repeal a number of restrictive laws including the Internal Security Act of 1960.

Cuba took note of the priorities for the High Commissioner and the increase in the treatment of country specific situations. Resources dedicated to monitoring the countries should not be diverted from thematic priorities and the Office needed to find a balance in the attention given to the promotion of all generations of human rights. Cuba asked what measures the Office had adopted to support the second cycle of the Universal Periodic Review.

Australia said that the support of the Office of the High Commissioner in the Universal Periodic Review was crucial and acknowledged the support in establishing national human rights institutions all over the world. Australia asked the High Commissioner to provide further information on collaboration with the International Coordinating Committee of National Human Rights Institutions.

Israel said Israel appreciated the quick response of the High Commissioner to human rights situations that needed the attention of the international community and asked when the High Commissioner planned to open country or regional offices in North African and Middle Eastern countries. On Syria, Israel regretted the lack of adequate response by the Security Council and hoped the international community would rise to its responsibility and stop the human and humanitarian catastrophe there.

Turkey said the Council’s focus on country situations in the past year and a half had allowed the strengthening of the protection of human rights. However, the Council had to further focus on and strengthen the aspect of the promotion of human rights. The thematic work of the Council sometimes seemed to take a back seat to country-specific issues, but the thematic issues formed the backbone of the Council’s work. The two thematic resolutions Turkey sponsored this session would strengthen the conceptual framework of human rights.

Russian Federation supported the idea that the violation of human rights should not go unpunished. However, acts intended to protect human rights did themselves sometimes lead to mass violations, including deaths of civilian populations. Investigation of human rights was primarily the responsibility of the States themselves. Intervention by foreign States could lead to escalation in these situations. At the Council, there continued to be a shift in favour of monitoring functions and disproportionality in geographic focus.

Norway appreciated the proposal for a fixed reporting calendar which would provide predictability and more even distribution of reporting obligations. The issue of funding was nonetheless a major challenge. Norway welcomed the groundbreaking report from the High Commissioner on discriminatory laws and practices and acts of violence against individuals on the basis of sexual orientation and gender identity. The human rights perspective needed to be more effectively integrated into all relevant United Nations funds and programmes.

India said that there was a need to enhance the quality of interaction between treaty bodies and States parties on ways to strengthen the treaty body system. India highlighted the need to increase the proportion of the United Nations regular budget funding in the overall funding of the Office of the High Commissioner commensurate with the increasing number of mandates. India encouraged the High Commissioner to include in her annual report detailed informaiton on important aspects of funding to her Office and on the composition of the staff of her Office.

Saudi Arabia said it shared the High Commissioner’s concern with the rise in discrimination based on religious and cultural identity and urged an exploration of the root causes of this discrimination to better combat it. Saudi Arabia rejected the attempt to impose the issue of sexual orientation on the agenda of the Council. The fight against poverty and the economic and food crisis were critical for the full enjoyment of human rights around the world.

Peru said that the food crisis, particularly in the Horn of Africa, had threatened the lives of many and the Human Rights Council could consider how it could play a role by implementing preventive and emergency response actions to support human rights during such crises. The increase in extreme poverty and unemployment among vulnerable groups necessitated the design of economic policies with a human rights based approach. Concerning the rise in immigration and migration, Peru said there was a need for a human rights based approach in migration.

Ecuador said that the national plan Living Well was based on the traditional values of Ecuador’s indigenous peoples and was a successful paradigm of development, as proven by continuing economic growth in the country. Ecuador was particularly supportive of the work of the High Commissioner on the human rights of migrants, and said it was time to end impunity for those who continuously violated the human rights of migrants.

Nigeria said Nigeria agreed that 2011 had been an extraordinary year for human rights and that the mission of the High Commissioner and her Office had never been this relevant. Nigeria commended the High Commissioner for the priority accorded to supporting the work of the Special Procedures, but noted a low rate of approval of country visits and urged States to increase their cooperation with mandate-holders.

Uruguay said Uruguay was aware of the progress in consolidating the universal system of the promotion and protection of human rights and said that countries must provide necessary resources to support this increase in the scope of the work of the Office of the High Commissioner. Uruguay shared thematic priorities identified by the High Commissioner and welcomed the second cycle of the Universal Periodic Review.

Japan appreciated the role of the Office of the High Commissioner for Human Rights in regard to freedom of expression and association. The prohibition of racial discrimination, mainstreaming human rights in sustainable development, and human rights protection for persons with disabilities were important themes. The violence, impunity and lack of security occurring in specific States were important issues and Japan hoped that the discussion could advance on them.

Latvia took note that the scope of everyday tasks and challenges before the Office of the High Commissioner had increased significantly. Latvia attached importance to the six thematic priorities established for the period of four years. The revelation of the report that approval by States of visits and responses to communications of Special Procedures mandate holders remained at 35 per cent should be an alarm call. Discrepancy between words and deeds devalued the idea of a standing invitation.

Thailand said it was pleased to see that the High Commissioner attached importance to capacity building and training. Thailand supported the High Commissioner and her Office in mainstreaming human rights into sustainable development policies of States. On the treaty body strengthening process, Thailand welcomed the High Commissioner’s initiative for consultations. Thailand appreciated the High Commissioner’s engagement with and support through the Association of Southeast Asian Nations Intergovernmental Commission on Human Rights.

Tunisia said that Tunisia shared the concern of the High Commissioner on the challenges represented by change in North Africa and the role that human rights mechanisms could play in the process of transition. The office of the High Commissioner in Tunis had cooperated with the Government on strengthening the legal framework in the country to promote and protect human rights. Tunisia regretted the lack of progress of the Working Group on the right to development and urged the Council to be more active in the area of the right to development by adopting the Tunis imperative.

Uzbekistan said that the Government had carried out a national plan of action to implement the recommendations of the Council under the Universal Periodic Review. A new stage of democratic changes had opened in the country with the active participation of civil society groups. Judicial strengthening was ongoing in a joint project with the Office of the High Commissioner to train judges and improve the rule of law.

Greece said that the country faced enormous challenges on migrants as Greece was a country of destination and a transit country of ever increasing flows of irregular migration and asked for the Office’s expertise to avoid having marginalized groups affected in a discriminatory way. The Greek Government was currently considering the matter of recognizing same sex couples.

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For use of the information media; not an official record