GLOBAL DEVELOPMENT GOALS SHOULD NOT BE PURSUED IN ISOLATION FROM HUMAN RIGHTS, NEW UNITED NATIONS HUMAN RIGHTS COMMISSIONER TELLS THIRD COMMITTEE
Committee Also Hears from Special Adviser on Myanmar;
Rapporteurs on Freedom of Religion, Terrorism, Expert on Extreme Poverty
By pursuing the United Nations Millennium Development Goals in isolation from human rights, nations were forgoing the chance to apply a people-centred approach to development that could help mediate conflicting claims arising from the development process, the Third Committee (Social, Humanitarian and Cultural) was told today, as delegates held a day-long discussion with four prominent human rights officials -- the newly-appointed High Commissioner for Human Rights and three United Nations experts specializing in freedom of religion, terrorism and extreme poverty -- on the general topic of promotion and protection of human rights.
The new High Commissioner for Human Rights, Navanethem Pillay, who received a warm welcome from delegates at her first appearance before the Committee since her appointment in September, argued that a rights-based development process would provide content and legitimacy to the United Nations development agenda, primarily in providing a motive for building the capacity of the poorest States and to make the entire development process sustainable in the long run. She further argued that placing human rights at the centre of United Nations discussions -- and therefore placing people’s needs above political considerations -- could help keep the international community from becoming mired in “defensive politics”, which was widely known to be the case at the 2001 Durban World Conference against Racism, where various sensitive issues had been excluded from the agenda.
“Having grown up in apartheid South Africa, I know too well what it is like to live in an environment permeated by racism. As a judge of the International Criminal Tribunal for Rwanda, I heard the testimony of ordinary people who found themselves suddenly victimized by an explosion of ethnic hatred,” she told the Committee, painting a view of the world where impunity, armed conflict and authoritarian rule stood undefeated. Societies emerging from conflict sought peace at the expense of justice, and human rights were sidestepped in the name of security. The world, in her view, was a place where still too many countries systematically discriminated against minority groups.
Ms. Pillay explained that, under her predecessor, Louise Arbour of Canada, the High Commissioner’s Office had expanded its field operations and widened its partnerships with civil society in an effort to help nations provide recourse for victims of human rights abuses. That philosophy dovetailed neatly with Ms. Pillay’s intentions to bring concrete improvement to the lives of everyday people. As she explained in a lengthy question-and-answer session with delegates, Ms. Pillay said she would promote implementation of human rights standards by encouraging States to allow mandate holders to visit countries, as many had already done. She also said she would examine how the expertise of independent experts could be instilled into the universal review process -- a mechanism established by the General Assembly to review the fulfilment by each State of its human rights obligations and commitments.
Asma Jahangir, Special Rapporteur on freedom of religion or belief, and Martin Scheinin, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, each participated in a question-and-answer session where they also fielded questions regarding country visits. Ms. Jahangir pointed out how essential country visits were and said greater country engagement and good cooperation could result in positive national developments, such as the implementation of legislative reforms or the increased representation of minority groups in political processes. She stressed, however, that good cooperation on the part of states meant that Governments gave access to the departments, materials and places that she might wish to see, as well as providing space for private meetings without surveillance of, or threats to, the people who had talked to her.
Mr. Scheinin noted that his mandate covered a difficult and sensitive issue, where national security posed additional difficulties for countries. To facilitate requests for country visits, he often turned to the Counter-Terrorism Committee and its Executive Directorate. Overall, he expressed an interest in increasing cooperation with States by providing services to countries should they need it, such as the drafting of counter terrorism legislation.
The Committee also heard from the Independent Expert on the question of human rights and extreme poverty, Magdalena Sepulveda Carmona, who drew attention to the need for greater cooperation across the board, both within nations and among them. That was especially important for the achievement of her mandate, since poverty eradication required national efforts -- with the participation of vulnerable groups, non-governmental organizations and civil society -- as well as the support of the international community in terms of aid, debt relief, and other forms of assistance.
Also today, the Committee considered the human rights situation in Myanmar, hearing from the Secretary-General’s Special Adviser on Myanmar, Ibrahim Gambari, who praised the Myanmar Government’s “unprecedented” levels of cooperation with the United Nations in the wake of Cyclone Nargis last May. But, several outstanding issues remained to be worked out, including on the release of Aung San Suu Kyi and other political prisoners, and how the country would transition to a democratically-elected Government.
Following the official adoption of a new constitution in May 2008, Mr. Gambari said the Government of Myanmar had committed itself to multiparty elections by 2010, in its self-styled “7-Step Roadmap”. But that process had been rejected by a number of key stakeholders, including the National League for Democracy headed by Ms. Suu Kyi.
The representative of Myanmar responded, saying the Government had made every effort to ensure the constitutional referendum was free and fair. The fact that the referendum had been carried out as scheduled, despite being hit by the cyclone, was evidence of its commitment to the road map. He also stressed that cooperation with the United Nations was a cornerstone of his Government’s foreign policy.
The Committee will meet again at 10 a.m. Thursday, 23 October, to hear statements from the Special Rapporteurs on the situations of human rights in Myanmar, the Democratic People’s Republic of Korea and in the Occupied Palestinian Territories, as well as statements by the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living.
Background
The Third Committee (Social, Humanitarian and Cultural) met today to continue its discussion on the promotion and protection of human rights, with a focus on alternative approaches for improving the enjoyment of human rights and fundamental freedoms. It was also expected to discuss the Convention on the Rights of Persons with Disabilities.
In addition, it was slated to hear the reports of the Special Rapporteur on freedom of religion or belief, Special Rapporteur on the promotion and protection of human rights while countering terrorism, and of the Independent Expert on the question of human right and extreme poverty
Texts from Member States transmitted through letters
The Committee had before it the text of four resolutions adopted by the Inter-Parliamentary Union at its 118th Assembly in April ( Cape Town, South Africa). The texts were transmitted in a letter dated 8 July 2008 from the Chargé d’affaires a.i. of the Permanent Mission of Italy to the United Nations addressed to the Secretary-General (document A/63/123). The first text has the Inter-Parliamentary Union urging national parliaments to pass legislation requiring terror suspects to be delivered to judicial authorities immediately upon arrest, so that they are not taken anywhere else for interrogation or further detention. The second text is on the role of Parliaments and the Inter-Parliamentary Union in ensuring a halt to the rapidly deteriorating humanitarian situation in occupied Palestine, in ending the blockade in Gaza and in accelerating the creation of a Palestinian State. A third resolution, on migrant workers, people trafficking, xenophobia and human rights, emphasizes the need to protect victim’s rights. The final resolution relates to Parliamentary oversight of State policies on foreign aid, in light of Parliament’s role in shaping decisions on their respective country’s budget allocation.
It also had before it identical letters dated 19 September 2008 from the Permanent Representatives of China, Kazakhstan, Kyrgyzstan, the Russian Federation, Tajikistan and Uzbekistan to the United Nations addressed to the Secretary-General and the President of the Security Council transmitting the text of the Dushanbe Declaration (document A/63/370-S/2008/614).
Also before the Committee was the text of a press conference by the Minister of Foreign Affairs of Cuba at the Ministry of Foreign Affairs on 22 May 2008, transmitted in a letter dated 30 June 2008 from the Permanent Representative of Cuba to the United Nations addressed to the Secretary-General (document A/63/281-S/2008/431). At the press conference, the Minister demands to know whether the Chief of Mission of the United States Interests Section, based at the Embassy of Switzerland, had delivered cash from parties in the United States to a group of terrorists within Cuba. He says the activities of the Interests Section were in breach of the Vienna Convention on Diplomatic relations, and amounted to the promotion of subversive activity against Cuba.
Documents on the question of alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms
The Committee had before it a report of the Secretary-General on globalization and its impact on the full enjoyment of all human rights (document A/63/259), based on input from the Governments of Algeria, Belarus, Mauritius, the Russian Federation, Spain, Venezuela, Azerbaijan, Bosnia and Herzegovina, Ireland and Oman. Issues raised by countries include: the impact of financial liberalization on social welfare; the need to ensure that countries comply with international labour standards; and the need to guide the globalization process while protecting countries most vulnerable to the consequences of globalization.
The report says that countries also discussed the effect of globalization on the full enjoyment of human rights, particularly in the context of poverty alleviation. They said globalization could pose a serious threat to societies that were not culturally equipped to face the new ways of life, especially if practices associated with certain traditions and customs were out of touch with the spirit of the age. Countries also referred to the global food crisis as an example of the shortcomings of globalization. They noted that the rise of transnational corporations opened the possibility of large-scale violations of all human rights, which needed to be addressed. Globalization, especially with an economic focus, could lead to intense ecosystem degradation, countries said.
The report also contains inputs from the Department of Economic and Social Affairs, in which it highlighted the findings contained in numerous reports of the United Nations, including the World Economic and Social Survey, which discusses socio-economic development issues.
Also before the Committee was a report of the Secretary-General on human rights and unilateral coercive measures (document A/63/272), which contains details of requests from Belarus and Syria for information regarding unilateral coercive measures against their citizens by other nations. Belarus expressed concern over visa restrictions by the United States against high-ranking Belarusian officials and executives at Belarusian State enterprises. Their assets and property have been frozen. A similar complaint was lodged against the European Union. In addition, a temporary suspension of the Generalized System of Preferences was adopted in 2006 by the Council of the European Union at the recommendation of the European Commission, in connection with alleged violations of the right to freedom of association in Belarus. According to the Government, that measure was adopted despite an effective high-level dialogue on the matter between Belarus and the International Labour Organization and open cooperation by Belarus with the European Commission and its experts.
As for Syria, the report says the United States continued to impose unilateral coercive measures on that country through the Syria Accountability Act, which it believes was designed to exert political and economic pressure on Syria to alter its sovereign decisions.
Also before the Committee was the Secretary-General’s report on protection of migrants (document A/63/297), containing input from several countries relating to the implementation of resolutions 62/156 and 61/165 on the protection of migrants. Those countries are Argentina, Bosnia and Herzegovina, Burkina Faso, Italy, Lebanon, Mauritius, Togo, Canada, Cuba, Japan, Slovakia and Turkey.
The report also discusses activities of the Special Rapporteur on the human rights of migrants, saying that Jorge Bustamante submitted a report to the Human Rights Council on the criminalization of irregular migration. In the same reporting period, he conducted country visits to Mexico and Guatemala. According to the report, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, which entered into force on 1 July 2003, has been ratified by 37 States. The report also states that the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, which monitors implementation of the Convention, considered country reports by Mali, Mexico, Egypt, Ecuador, Bolivia and the Syrian Arab Republic.
Before the Committee was a report of the Secretary-General on moratoriums on the use of the death penalty (document A/63/293 and Corr.1), which surveys respect for the rights of those sentenced to death as set out in treaties and the guidelines established by the Economic and Social Council in 1984. Drawing on input from Member States, the report surveys various motivations for establishing a moratorium on, or abolishing, the death penalty, as well as those for retaining the death penalty. It also includes statistics on the worldwide use of the death penalty, including moratoriums established in States that have not abolished this form of punishment. The report concludes by confirming the global trend towards abolition of the death penalty, the important role played by moratoriums in those States that seek to abolish it and possibilities for further work on the issue.
Before the Committee was a report of the Secretary-General on missing persons (document A/63/299). According to the report, the International Committee of the Red Cross has prepared a model law to help States develop and adopt laws on missing persons. The report discusses mechanisms for clarifying the fate of missing persons and how to manage a missing persons archive. Of key importance to the issue of missing persons is that the problem often originates in the context of armed conflict and remains well after such conflicts have ended. The transition from conflict to stability, which includes the full implementation of the rule of law, is a lengthy process. The issue of missing persons is, thus, part of the process of delivering good governance, implementing the rule of law and ending impunity. The report adds that the missing are often victims of heinous crimes, and the location where their remains are recovered are often the sites of crimes. Beyond the criminal justice dimension, the families of the missing also have entitlements under civil and public.
Also before the Committee was the Secretary-General’s report on combating defamation of religions (document A/63/365), based on input provided by 13 Member States. The replies presented in the current report indicate that States’ constitutions frequently protect freedom of religion, and prohibit discrimination against religions and on the basis of religious belief. Some replies expressed concern regarding the negative portrayal in the media of religions, in particular Islam. Some States have specific provisions in their criminal codes against the incitement of hatred on various grounds. In others, sanctions are imposed on conduct that amount to interference with worship or religious practice through violence or threat of violence, or accompanied by abuse of religious feelings of believers or ministers of religion. The desecration, damage or destruction of places of worship, religious symbols and other items related to religion are also criminalized.
According to the report, most of the replies which speak of defamation of religions do not reveal a common understanding of what is considered defamation of religions. A comprehensive review of trends and patterns would be required to establish how and where incidences of religious defamation and incitement to racial and religious hatred are manifested, before it is possible to establish the correlation between defamation of religions and the upsurge in incitement, intolerance and hatred in many parts of the world.
The Committee had before it a report of the Secretary-General on the right to development (document A/63/340), which discusses the adopted conclusions and recommendations of the Working Group on the Right to Development at its ninth session. In February 2004, the Group set up a task force, which revised the right-to-development criteria for the periodic evaluation of global partnerships for development. The Group agreed to recommend to the then Commission on Human Rights that it establish a high-level task force on the implementation of the right to development. The task force has convened four sessions.
Also before the Committee was a report of the Secretary-General on the protection of human rights and fundamental freedoms while countering terrorism (document A/63/337). The High Commissioner for Human Rights, human rights treaty bodies and various Special Rapporteurs of the Human Rights Council have all expressed grave concerns regarding extrajudicial killings and summary executions, the alleged use of secret detention centres and the practice of irregular transfers of persons suspected of engagement in terrorist activities in the pursuit of counter-terrorism activities. Serious concerns also have been expressed over the use of diplomatic assurances to justify the return and transfer of suspects to countries where they may face a risk of torture. States must ensure respect for all rights, in particular non-derogable rights such as the right to life and the prohibition of torture.
The report calls on Member States to reaffirm their commitment to the prohibition of torture and cruel, inhuman or degrading treatment in national law, prosecuting those responsible for torture and ill-treatment, and prohibiting the use of statements extracted under torture, whether the interrogation has taken place at home or abroad. Measures should be taken to ensure the access of monitoring bodies to all prisoners in all places of detention, and to abolish places of secret detention. Further, Member States should abide by the principle of non-refoulement and refrain from returning persons to countries where they may face torture. Member States are encouraged to ratify and implement the Convention against Torture and its Optional Protocol and the International Convention for the Protection of All Persons from Enforced Disappearance. States resorting to military or specialized courts or tribunals in countering terrorism are called upon to accord due attention to the basic standards of fair trial and to the right of equality before the courts, in order to ensure a proper administration of justice and respect for the rule of law.
The Committee had before it a note by the Secretary-General transmitting the interim report of Asma Jahangir, Special Rapporteur, on freedom of religion or belief (document A/63/161). In her report, the Special Rapporteur addresses citizenship issues and religious discrimination in administrative procedures. She notes that, while most States do not openly discriminate on the basis of religion with respect to citizenship issues and in administrative procedures, there are instances where State practice or domestic legislation is inconsistent with human rights standards. In particular, she is concerned about the denial or deprivation of citizenship based on a person’s religious affiliation; compulsory mentioning of selected religions on official identity cards or passports; requirements to denounce a particular faith when applying for official documents; and restricted eligibility for State functions for persons of certain faiths.
Along with an overview of her activities and a summary of her recent visits to Angola, India, Israel and the Occupied Palestinian Territory, the Special Rapporteur also presents conclusions and recommendations with regard to citizenship issues and administrative procedures in the context of her mandate. She emphasizes that the legitimate interests of the State have to be balanced on a case-by-case basis with the individual’s freedom of religion or belief, also taking into account his or her right to privacy, liberty of movement, right to nationality and the principle of non-discrimination. She also highlights some aspects that may help to determine whether certain restrictions on the right to freedom of religion or belief in the context of citizenship issues and administrative procedures are in contravention of human rights law.
The Committee had before it a report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, transmitted through a note from the Secretary-General (document A/63/223). In December 2007, the Special Rapporteur visited Guantánamo Bay to observe hearings under the United States Military Commissions Act of 2006. The persons detained at Guantánamo Bay have been categorized by the United States as “alien unlawful enemy combatants”, which the Special Rapporteur says is determined by administrative bodies within the United States Government, whose decisions are subject to limited judicial review. Those restrictions result in non-compliance with provisions of the Covenant on Civil and Political Rights. In addition, he expressed concern over the ability of detainees to seek a judicial determination of their status.
The Special Rapporteur argues that the right to a fair trial is recognized in human rights treaties, international humanitarian and criminal law, counter-terrorism conventions and customary international law, and, in certain circumstances, the denial of the right to a fair trial can amount to a war crime. Furthermore, the International Covenant on Civil and Political Rights, which encompasses the right of access to court, is not limited to citizens of the States, but must be available to all individuals, regardless of nationality, statelessness or whatever their status (as asylum seekers, refugees or other persons who may find themselves in the territory or subject to the jurisdiction of a State).
The report says that, in the case of persons directly participating in hostilities during the course of armed conflict, they may arguably be detained for the duration of the hostilities, or treated as criminal suspects for the use of their violence. However, there is the chance that ensuring a fair trial diminishes over time. In order to ensure that there is no impunity for those that commit war crimes, States should not await the end of hostilities to determine whether a person should be tried or not, and to proceed with the criminal trial in the affirmative cases.
Among other topics covered by report are: competence, independence and impartiality of courts; aspects of a fair hearing; privilege against self-incrimination (which may lead to coercive frameworks that facilitate confessions that are used as evidence in court); distinctions between admissible and inadmissible evidence; and standards of proof (proof beyond a reasonable doubt). The report also says that individuals who are listed as terrorists by the Security Council similarly deserve a right to review, because the freezing of their assets amounts to a criminal punishment.
Before the Committee was a report of the Secretary-General’s Special Representative on the issue of human rights and transnational corporations and other business enterprises (document A/63/270), on the Human Rights Council’s response to his policy framework on the protection of human rights from abuse by corporations. In that framework, he identifies criteria to strengthen non-judicial grievance mechanisms while urging States to strengthen their judicial capacity to hear complaints and enforce remedies. Under the next mandate, the Human Rights Council has tasked the Special Representative with operationalizing that framework, and the Special Representative plans to convene a group of leaders from different sectors and regions to provide strategic and substantive advice. To begin with, he has initiated collaboration with interested organizations to establish a “wiki” about dispute mechanisms around the world.
Before the Committee was a note by the Secretary-General transmitting the interim report of the Special Rapporteur on the independence of judges and lawyers (document A/63/271), Leandro Despouy, which contains a summary of the main conclusions and recommendations of the international seminar on “The protection of human rights under states of emergency, particularly the right to a fair trial” as well as a summary of the latest developments in the field of international justice. He emphasizes the role of the judiciary, together with that of international human rights protection bodies, as a crucial element to stop a worrisome trend towards the restriction of rights during states of emergency or in the name of defending national security, combating terrorism and controlling immigration. The report also refers to judges’ remuneration and the serious effect that insufficient or conditional remuneration can have on access to justice and the proper administration of justice.
Before the Committee was a note by the Secretary-General transmitting the interim report of the newly-appointed independent expert on the question of human rights and extreme poverty, Magdalena Sepúlveda Carmona (document A/63/274). In her report, the independent expert highlights some of the main concerns that will guide her activities including the impact of discrimination and social exclusion; the specific challenges faced by women, children and persons with disabilities; the lack of meaningful participation of people living in poverty; the impact of public policies on people living in extreme poverty; and the lack of awareness of poverty as a human rights issue. She also says that a human rights approach to poverty reduction and eradication had never been more urgently needed, though it should not be used as a policy panacea or as an alternative to development efforts. Rather, such an approach should complement other efforts and help promote more comprehensive and legitimate processes, policies, initiatives and practices.
Before the Committee was a note by the Secretary-General transmitting the report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context, Raquel Rolnik (document A/63/275). In her report, she says the right to adequate housing must be closely linked to congruent human rights such as those concerning food, water, health, work, land, livelihood, property and security of person, as well as protection against inhuman and degrading treatment, non-discrimination and gender equality and that efforts to strengthen all those rights in national normative and judiciary systems was an important goal. She also draws attention to one of the challenges to the implementation of the right to adequate housing, which is that housing, land and property tend to be viewed as marketable commodities rather than as a human right, unlike political and civil rights that generate prerogatives for the citizens and judicially enforceable obligations for the State.
The Special Rapporteur urges States to take a number of immediate measures to ensure full implementation of the right to adequate housing, including the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights by the General Assembly; the integration of the right to adequate housing in urban planning and housing policies at local and national levels; and the adoption of urgent measures to address the plight of the homeless and in particular to stop their criminalization. She also lays out new thematic areas to be explored in the coming years, including: the relation between the organization of mega-events and housing policies, the right to adequate housing in post-conflict and post-disaster reconstruction, the effects of climate change on the right to adequate housing, migration and housing and issues of social inclusiveness, and the development of practical tools to ensure a gender approach to the right to adequate housing.
The Committee had before it a note by the Secretary-General transmitting the interim report of Olivier De Schutter, Special Rapporteur, on the right to food (document A/63/278), in which the Special Rapporteur highlights the impacts of the recent and significant increase in the prices of food commodities and recommends working within a human rights framework to achieve world food and nutrition security in the future. He says, with an estimated 900 million people suffering from hunger, ensuring the right to adequate food must be a top priority for all States and the international community as a whole. The right to adequate food was not one which any State could fulfil in isolation. Rather, all States had a shared responsibility, grounded in international law, to ensure that the international environment in which States operate enables them to respect, protect and fulfil the right to food for the benefit of their own populations.
At the country level, strategies should be put in place that would ensure the progressive realization of the right to adequate food. For example, States should consider strategies that supported local agriculture, built adequate infrastructure for transport and communication, and facilitated access to credit, to insurance mechanisms, and to inputs at an affordable price, particularly for small farming households where roughly half of the world’s hungry live. The Special Rapporteur also reaffirmed his interest in working with all interested stakeholders towards developing sustainable solutions for eradicating hunger and implementing the right to food.
The Committee had before it a note by the Secretary-General transmitting the report of the Representative of the Secretary-General on the human rights of internally displaced persons, Walter Kälin, (document A/63/286). In his report, which was submitted on the ten-year anniversary of the Guiding Principles on Internal Displacement, the Representative reviewed some of the major accomplishments in the field in the past decade, as well as the remaining challenges. He notes ongoing displacements in many countries as a result of acts of violence, the difficulty in finding durable solutions for those displaced, and the widespread impunity that exists in certain context for crimes against humanity and war crimes against displaced persons.
The report also summarizes the Representative’s country missions to Sri Lanka and the Democratic Republic of Congo and working visits to Afghanistan, Norway, Canada, Kenya, Bosnia and Herzegovina, the United States of America, Honduras, Panama, Mozambique, Madagascar and South Africa. It concludes with a set of recommendations for strengthening the response in matters relating to internal displacement for the consideration of States, humanitarian agencies and donors. In particular, he cites three pre-requisites for finding durable solutions for internally displaced persons: physical safety during and after return or resettlement, restitution of property, and creation of an economic and social environment conducive to durable returns, including access, without discrimination, to public services, livelihoods and income-generating activities.
The Committee had before it a note by the Secretary-General transmitting the report of the Special Rapporteur, Margaret Sekaggya, on the situation of human rights defenders (document A/63/288). In her report, she highlights the fundamental need for the establishment and strengthening of regional mechanisms to help protect human rights defenders. She also notes the greater emphasis she intends to place on the promotion aspect of her role, by focusing on good practices related to the protection of defenders and the promotion of the defence of human rights.
The specific needs of defenders who deal with human rights challenges deemed sensitive or controversial -- such as those working to promote the rights of minorities, indigenous peoples, and lesbian, gay, bisexual and transgender people -- are addressed in the report, as is the difficult situation women defenders often find themselves in. She adds that the entire human rights community in all its aspects had a role in monitoring and following up on human rights cases and recommendations. To mark the occasion of the tenth anniversary of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, the Special Rapporteur annexes to her report a number of key messages outlining principles and positions concerning defenders and the Declaration.
Also before the Committee is a report of the independent expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights (document A/63/289). The independent expert is requested by the Human Rights Council to develop a draft general guideline on the execution of debt repayments, to be followed by States, financial institutions and private institutions. He plans to convene multi-stakeholder regional consultations on the subject, and has already held informal meetings with civil society organizations. The independent expert faces a deadline of 2010.
Also before the Committee was a note by the Secretary-General on the composition of the staff of the Office of the United Nations High Commissioner for Human Rights (OHCHR) (document A/63/290), in which the Secretary-General transmits the report of the High Commissioner for Human Rights on the composition of the staff of the Office of the United Nations High Commissioner for Human Rights (A/HRC/7/57).
The Committee had before it a note from the Secretary-General transmitting the interim report of the Special Rapporteur on the right to education (document A/63/292), Vernor Muñoz. In his report, the Special Rapporteur draws attention to the situation regarding the right to education in emergency situations arising out of armed conflict or natural disaster. He notes that, in the past, international efforts in emergency situations focused primarily on the provision of food, health and shelter, with little attention paid to education and the vital role it played in the overall welfare of a person. The recent creation of the Inter-Agency Standing Committee Education Cluster was a very welcome development and a step towards changing previous trends.
The Special Rapporteur recommends in his report that the right to education in emergency situations be recognized by States, donors, multilateral agencies and organizations as an integral part of their humanitarian response and suggests that the international community intensify its search for models and examples of best practices, based on an increased use of qualitative research methodologies, and improved curriculum design based on a detailed analysis and understanding of pervious educations systems.
The Committee had before it a note by the Secretary-General transmitting the report of the Special Rapporteur of the Human Rights Council, Philip Alston, on extrajudicial, summary or arbitrary executions (document A/63/313), in which he addresses two main issues: the provision of effective witness protection arrangements and the importance of ensuring that military justice systems are compatible with human rights standards. He concludes that, in countries where extrajudicial executions are most common, there was generally a lack of programmes or procedures in place to protect witnesses. Such a lack was partly due to resource constraints but, mainly, due to the absence of political will. He also notes that, in too many countries around the world, military justice systems were incompatible with human rights obligations and recommends that Governments periodically review their military justice systems in light of human rights norms. The report also includes an update on visits undertaken by the Special Rapporteur to Brazil, the Central African Republic, Afghanistan and the United States of America.
The Committee had before it a report of the Human Rights Council Advisory Committee on the right to development (document A/63/318), transmitted to it by a note from the Secretary-General. The precursor to the Advisory Committee is the Subcommission on the Promotion and Protection of Human Rights on the right to development, which submitted a concept document in 2005 on an international legal standard on the right to development. The Advisory Committee held its first session in August, and will continue its deliberations on the promotion of a democratic and equitable international order at its next session.
Reports on human rights situations and reports of special rapporteurs and representatives
Before the Committee was the report of the Secretary-General on the situation of human rights in the Democratic People’s Republic of Korea (document A/63/332), in which he registers his serious concern at the lack of tangible progress on the part of the Government of the Democratic People’s Republic of Korea in addressing the range of serious human rights concerns outlined by the General Assembly in its resolution 62/167. The report draws particular attention to the food situation in the Democratic People’s Republic of Korea and its impact on the population, as well as the need for the Government to allocate budget resources and adopt policy measures to alleviate the impact of the food situation, and to prevent discrimination in the distribution of food and health services.
While welcoming the efforts undertaken by the Government of the Democratic People’s Republic of Korea in facilitating access for humanitarian relief and increasing cooperation with United Nations agencies in regards to the food situation, the Secretary-General notes, in his report, the Government’s lack of cooperation and constructive dialogue with the Office of the United Nations High Commissioner for Human Rights, the Special Rapporteur on the situation of human rights in the country, or other special procedures mandate-holders. As well, the report draws attention to the fact that the Democratic People’s Republic of Korea has neither recognized the resolutions adopted by the Human Rights Council and the General Assembly on the situation of human rights in the country, nor accepted the High Commissioner’s offer to engage in technical cooperation activities, as recommended in the resolutions.
The Secretary-General urges the Government to safeguard fundamental rights and freedoms and show visible signs of domestic legal reform, so as to fulfil its treaty obligations and comply with international standards and he renews his recommendation that the authorities of the Democratic People’s Republic of Korea engage in a constructive dialogue with the High Commissioner for Human Rights. The Secretary-General also welcomes the positive developments under the six-party talks and calls upon all regional and international actors to facilitate the creation of an environment conducive to generating greater engagement between the Government of the Democratic People’s Republic of Korea and the international community.
The Committee had before it a report of the Secretary-General on the situation of human rights in the Islamic Republic of Iran (document A/63/459). According to the report, the Penal Code and the Code of Penal Procedure in Iran provide various procedural guarantees aimed at ensuring due process of law. It was reported that a revised Penal Code drafted in January 2008 was being debated in Parliament, which, if adopted, would lead to provisions that were incompatible with international human rights standards. That would include an article on apostasy that would make the death penalty mandatory for conversion from Islam to other religions. Some negative trends have also been reported in terms of rights violations against women, university students, teachers, workers and other activist groups. Ongoing harassment against human rights defenders, including women’s rights activists, has been reported. In addition to those issues, the report touches on the use of torture and cruel, inhuman or degrading treatment or punishment, including flogging and amputations; death penalty for juveniles; and violations of the rights of minorities, such as allegations of violence targeting Baha’is and their homes, shops, farms and cemeteries throughout the country.
The Secretary-General encourages the Government of the Islamic Republic of Iran to continue to revise national laws, particularly the new Penal Code and juvenile justice laws, to ensure compliance with international human rights standards and prevent discriminatory practices against women, ethnic and religious minorities and other minority groups. He also welcomes recent steps taken by the Government to explore cooperation on human rights and justice reform with the United Nations. He encourages the Government to ratify major international human rights treaties, in particular the Convention on the Elimination of All Forms of Discrimination against Women and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and to withdraw the general reservations it has made upon the signature and ratification of various human rights treaties, as recommended by the respective treaty bodies.
Before the Committee was the Secretary-General’s report on the situation of human rights in Myanmar (document A/63/356). At the time of the Special Adviser’s visit in November 2007, the Government had just completed the first step in its seven-step road map to democracy, the National Convention. By the time the Special Adviser returned to Myanmar in August 2008, the Government was preparing for the fifth step in its road map -- multiparty elections in 2010. At the same time, a number of key stakeholders, including the National League for Democracy, have formally rejected the Constitution and the process by which it was adopted, and are reserving their position with regard to their participation in any election under the current circumstances. Thus, despite the Government’s efforts in implementing its road map process and addressing the challenges facing the country, the political situation in Myanmar has become potentially more polarized.
The report further states that the United Nations remains concerned about reports of armed conflict and associated human rights abuses and humanitarian problems in ethnic minority areas, such as Kayin and Kayah States. Substantive talks leading to the sustainable cessation of hostilities between the Government and armed ethnic groups need to be concluded. Although the Government has reached ceasefire agreements with a majority of armed ethnic groups, disarmament plans are yet to be formalized. Having seen first hand the nature and complexity of the challenges facing Myanmar, the Secretary-General is aware of the need for the United Nations and the international community to persevere in helping Myanmar to address those challenges through incremental but tangible progress. Following his meetings in May with the Chairman of the State Peace and Development Council, Senior General Than Shwe, and other members of Myanmar’s senior leadership in the capital city, Nay Pyi Taw, the Secretary-General is determined to continue his good offices efforts through his Special Adviser.
The Committee had before it a note from the Secretary-General transmitting the report of the Special Rapporteur, Vitit Muntarbhorn, on the situation of human rights in the Democratic People’s Republic of Korea (document A/63/322), in which he notes, with regret, that the authorities of the country had declined to cooperate with him in his work. The report examines the human rights situation in the Democratic People’s Republic of Korea from various perspectives, including human rights and the development process, access to food and other necessities, rights and freedoms, displacement and asylum, groups of special concern, and consequences of violence and violations. In his report, the Special Rapporteur underlines the long-standing and systematic nature of human rights transgressions in the country, which were highly visible, substantial and exponential. He also notes that the six-party talks regarding the nuclear issue on the peninsula provided an avenue to address some key human rights issues and created more opportunities in a variety of settings to deal with various humanitarian matters between the parties.
The Special Rapporteur ends his report with a variety of recommendations addressed to both the Democratic People’s Republic of Korea and to the rest of the international community. In particular, he underscores the need to press the Democratic People’s Republic of Korea for concrete actions to address the human rights situation in the country, which remained grave on several fronts. He specifically recommends that the Democratic People’s Republic of Korea ensure the effective provision and access to food and other basic necessities for its citizens and to abide by international human rights standards, overall. He invites the international community to emphasize more strongly the need for participatory, sustainable and equitable development in the country, and highlight strategies for food security, while continuing to ensure that humanitarian aid reaches the target groups, including through effective monitoring. The report also recommends maximum dialogue and engagement between the Democratic People’s Republic of Korea and the United Nations system on human rights to ensure improvement of the protection of human rights at the national and local levels.
The Committee had before it a note by the Secretary-General transmitting the report of the Special Rapporteur, Tomás Ojea Quintana, on the situation of human rights in Myanmar (document A/63/341). The report concentrates on issues related to the protection of human rights in the context of the new Constitution and the question of participation in the democratic process and organization of the 2010 elections. The Special Rapporteur also addresses the right to assembly and right to freedom of opinion and expression in the country, including the crackdown on the 26-29 September 2007 demonstrations and its implications for free elections in 2010. He also raises the question of international humanitarian law and protection of civilians, as well as the situation of specific groups such as ethnic groups, women and children.
The Special Rapporteur, in his report, elaborates on the mechanisms in place to ensure maximum protection in the context of the natural disaster cyclone Nargis, which struck Myanmar in May 2008. During his most recent visit to Myanmar, the Special Rapporteur met with Myanmar’s Human Rights Group and makes recommendations in four core human rights elements: a review of national legislation in accordance with the new constitution and international obligations; the progressive release of prisoners of conscience; the armed forces; and the judiciary. Annexed to the report is a programme of the Special Rapporteur’s visit to the country, during which he met with national authorities, prisoners of conscience, and local associations among others.
The Committee had before it a report of the Special Rapporteur, Richard Falk, on the situation of human rights in the Palestinian territories occupied since 1967 (document A/63/326). The report describes the political developments and major changes in the setting of the occupation, specifically details regarding the breaching of the wall separating Egypt from the Gaza Strip in January 2008. It highlights some encouraging developments in the region that might indirectly lead to improvements in the occupation regime, such as the negotiation of an agreement between Hizbullah and the Government of Lebanon and ongoing negotiations between Israel and the Syrian Arab Republic. The Special Rapporteur provides three case studies in an effort to examine the significant human rights challenges in the region. Those case studies include: the case of Mohammed Omer, dealing with freedom of expression and harassment of media personnel; the closures and Israeli Defense Forces military operations in the West Bank, including abuses against the civilian population in Nablus; and demonstrations against the wall in the West Bank and the right to peaceful assembly.
The Special Rapporteur writes, in his report, that it was discouraging to note Israeli settlement growth and further restrictions on West Bank movement, as well as the abuse of international humanitarian law associated with the separation wall and owing to Israeli use of excessive force to quell non-violent demonstrations. Attention is also drawn to abuses by Israel at border crossings and the crisis in health care, especially in Gaza. The report laments the failure of Israel to implement the recommendations of the International Court of Justice, as endorsed by the General Assembly. It calls for a further clarification of the rights of the Palestinian people by recommending that the General Assembly seek legal guidance as to the extent to which the occupation is endangering the realization of the Palestinian right of self-determination. It also recommends the resumption of economic assistance by the international community to Gaza, in view of the ongoing health crisis. Such assistance was not dependent on whether Hamas satisfied political conditions set by Israel or whether the ceasefire held.
Documents on the Convention on the Rights of Persons with Disabilities, the Committee
Also before the Committee was a report of the Secretary-General on the status of the Convention on the Rights of Persons with Disabilities and the optional protocol thereto (document A/63/264 and Corr.1), which entered into force on 3 May. The report describes actions taken to develop standards and guidelines on accessibility within the United Nations. For instance, these include measures taken to install assistive listening devices, as well as to provide materials in large print and Braille and audio recordings. Regarding human resources policy at the United Nations, the report says the recently established Human Resources Network of the Working Group on Disability, Chief Executives Board for Coordination, is developing a common policy statement on the employment of persons with disabilities in the United Nations workplace. In addition, various agencies of the United Nations are conducting feasibility studies for improving accessibility to their facilities.
The report says the Inter-Agency Support Group on the Convention -- established by the Chief Executives Board in September 2006 to prepare a strategy for advancing its implementation -- has met twice so far. The Special Rapporteur on disability of the Commission for Social Development has convened numerous regional and national conferences on disability, raising awareness of the Convention within Governments and within civil society.
Introduction of reports
NAVANETHEM PILLAY, the High Commissioner for Human Rights, addressing the Third Committee for the first time since she began her four-year term in September 2008 and introducing the report on the activities of her Office, said that she had assumed her functions as High Commissioner in a year marked by a number of important anniversaries, specifically the sixtieth anniversary of the Universal Declaration of Human Rights and of the Genocide Convention, the tenth anniversaries of the Declaration on Human Rights Defenders and of the Guiding Principles on Internal Displacement, and the fifteenth anniversary of the Vienna World Conference on Human Rights, which had established her mandate. Such important anniversaries not only represented rallying points for the human rights community, but also opportunities to reflect on the progress made and the challenges that remained. Such moments should also galvanize all to reflect more systematically on how the interconnection of human rights, development, peace and security could enhance everyone’s freedoms, entitlements, prosperity and safety.
“The Universal Declaration is a beacon of hope for the future, as it contemplates a world with the full realization of civil, political, economic, social and cultural rights, without distinction,” she said. That vision should be a unifying, rather than divisive, force within and among all cultures. Yet, for all the solemn commitments and normative advances made in the promotion and protection of international human rights, serious implementation gaps remained. Impunity, armed conflict and authoritarian rule had not been defeated and, lamentably, a trade-off between justice and peace was often erroneously invoked when societies emerged from conflict and combatants returned to their communities. Human rights were also, at times, sidestepped in the name of security and there were still too many countries in the world that systematically discriminated against minority groups. Indeed, a root cause of violence against women was discrimination and, therefore, gender equality would contribute to development and security, as well as human rights.
Human rights norms provided uniform and universal standards that helped ensure that all were held to the same measure, she said. Her priority would, thus, not be the ranking of various human rights, but rather their implementation on the ground, in a way that affected and improved the lives of all persons. The credibility of human rights work depended on a commitment to truth, impartiality and integrity, with no tolerance for double standards or selectivity. That was what would guide her in her work as High Commissioner and she intended to ensure that the universality of human rights norms guided discussions in politically charged environments. She also hoped to instil both measure and substance to political discourse in an objective manner.
The development of an expanding framework of international and national law represented an effort to implement the principles of the Universal Declaration, she said. She welcomed the adoption, by the Human Rights Council, of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, which was now before the Committee for adoption. That Optional Protocol established a procedure of individual communications for cases of alleged violations of economic, social and cultural rights and underscored the equal value of all human rights. The mechanisms that had been fostered by the expanding framework, such as the treaty bodies and special procedures, had created a global system for the promotion and protection of human rights worldwide.
The challenge now was to make that system work better, to overcome the persisting abuses, omissions and neglect that still stood in the way of the full implementation of human rights, she said. That was one of her priorities and she intended to use her Office to promote the strengthening of the system and the productive interaction of the various mechanisms within it. She also intended to use the influence of her Office to promote the implementation of human rights treaties, to encourage universal ratification of those treaties and to promote the strengthening of the treaty body system. The work of the independent special procedures was also of note, as their impartial vigilance ensured that emerging issues were identified and all human rights situations were addressed. States should, therefore, cooperate and engage with the special procedures in a meaningful and constructive manner.
The launching of the Universal Periodic Review was also a progressive step forward towards the promised impartial scrutiny of all Member States’ human rights records, she continued. That initiative carried a promising potential to reduce the politicization and selectivity that had long exacerbated already dire human rights conditions around the world, though only time would tell whether the review would effectively improve human rights situations on the ground. However, human rights mechanisms and instruments were not self-fulfilling, and more determined collaborative action -- at the international level and national level -- was needed to maximize the potential for change and development.
There were a number of emerging human rights issues that required international attention, she said. Climate change upheavals posed a direct threat to a wide range of universally-recognized human rights, including the right to food, adequate housing, water and the right to life itself. The food crisis also had a human rights dimension, as the lack of affordable food had been more acute for individuals, families and communities who had already been victims of deep-rooted practices of exclusion and discrimination. The financial crisis was already spilling into the global real economy, with dire and possibly enduring consequences. No measure should be overlooked to mitigate the most nefarious effects of those crises and a good starting point for action in that regard could be offered by paying heed to the Secretary-General’s appeal to do more and work faster in meeting the Millennium Development Goals.
Yet, in too many cases, she said, the Millennium Development Goals were pursued in isolation from human rights. Among the “added values” of the human rights approach to poverty reduction and the right to development was that it provided a framework of institutions and norms to help reduce disparities, and it helped mediate conflicting claims that inevitably arose through development processes. Rights-based programming could provide content and legitimacy to capacity-development, and could make that process more sustainable in the long run.
Terrorism represented a towering threat and profound challenge to human rights and States had a duty to protect their populations against it, while being mindful of human rights obligations, she said. States must avoid vague, unclear or overbroad definitions of terrorism, which might lead to inappropriate restrictions on the legitimate exercise of fundamental liberties and must also ensure that measures to combat terrorism complied with international human rights law. Migration was another major human rights challenge and a human rights approach to migration was the best way to address that issue. Migration policies should be based on human rights principles and draw upon the International Convention on the Rights of All Migrant Workers.
Racism, xenophobia, discrimination and intolerance were problems that continued to occur on a daily basis, across the world, she said. In regards to the review conference that would take place in Geneva in 2009 on those issues, she accepted that there would be diverging points of view among States and said that she would try to promote participation and address those concerns in a constructive manner. Having grown up in apartheid South Africa, she knew all too well what it was like to live in an environment permeated by racism and she expressed her hope that all States would take the opportunity provided by the review conference to give new momentum to the struggle against discrimination, xenophobia, intolerance and racism, and to bring into focus the need to implement the Durban Declaration and Programme of Action at the national level.
Sixty years after the adoption of the Universal Declaration, the world understood much more clearly that the pursuit of human rights required individual and collective commitment, she said. That commitment must overcome partisanship and narrowly defined interests, and required imagination, energy, diplomacy, determination and hard work. In closing, she expressed her confidence that States and civil society could harness those qualities and put them to optimal use in the service of human rights.
Questions and Answers
All speakers congratulated Ms. Pillay on her appointment, and voiced support for her Office.
The representative of France, speaking also on behalf of the European Union, turned the Commissioner’s attention to the upcoming review process of the 2001 Durban Conference, stressing the need for Member States to act “as one” in ensuring that tangible results were obtained. In his opinion, States should not “re-open” debates that had already been brought to a close. He asked what the Commissioner believed were the prospects of a consensus at the Durban review conference.
The representative of Benin remarked that the world was divided on the issue of human rights, which ought not to be the case, seeing that all human beings benefited from the exercise of such rights. Sixty years after the Universal Declaration on Human Rights was proclaimed, there still existed some men and women who did not know their rights. He suggested that it was time to step up efforts to ensure that people were made fully aware of their rights, including the limitations of those rights, and asked Ms. Pillay for her comments on that subject. He also asked Ms. Pillay to elaborate further on her view on the promotion of human rights as part of the development process.
The representative of Lebanon asked to know more about how Ms. Pillay would ensure that nations maintained a spirit of cooperation in the face of multiple global crises, especially with regard to the right to food for the poorest people. On the issue of defamation of religion, he asked how she intended to strike a balance between combating religious intolerance with promoting the freedom of speech.
The representative of Canada did not ask a question, but made comments regarding the strategic management plan devised by Ms. Pillay’s predecessor, whic
Published on: 2008-10-23
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