Fifty-ninth General Assembly

Third Committee

24^th & 25^th Meetings (AM & PM)

addressing third committee, high commissioner for human rights stresses intention

 

to strengthen capacity regarding rule of law

Also Says International Community Must Not Abandon Resolve

To Confront Terrorism within Framework of Existing Rights, International Law

Emphasizing the rule of law as central to all human rights initiatives, the United Nations High Commissioner for Human Rights, Louise Arbour, today told the Third Committee (Social, Humanitarian and Cultural) that she intended to strengthen the capacity of the Office of the United Nations High Commissioner for Human Rights (OHCHR) in the area of the rule of law.

She said the Universal Declaration of Human Rights had articulated a legal framework that served to bind global efforts to promote and protect human rights.She highlighted her Office’s work to promote human rights in the areas of business, globalization, women, trafficking, indigenous people, racial discrimination, and the implementation of human rights legislation.  Noting that deeply entrenched rights had been rolled back in the name of the war against terrorism, she said the international community must not abandon its resolve to confront terrorist acts within the framework of existing rights and the rule of law.

She said providing human rights support for a growing number of United Nations peace missions was one of her Office’s principal functions.  The protection of human rights must be a core priority in United Nations field activities.  Gross human rights violations were invariably an advance indicator and by-product of conflict.  Her office, therefore, needed to strengthen its capacity and readiness to participate actively in United Nations conflict resolution efforts to deal appropriately with urgent requests to investigate large-scale human rights violations.

Addressing concerns about the implementation of human rights legislation, she said only 104 States had ratified the First Optional Protocol to the International Covenant on Civil and Political Rights, which provides the right of petition to individuals.  She urged all Member States to work towards greater ratification of and adherence to that protocol.  She also called on States to ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, whose purpose was to establish a system of regular visits by independent bodies to places where people were deprived of their liberty and where fundamental rights were particularly at risk or were insufficiently protected.  The Optional Protocol so far had received only five ratifications, and 20 were needed for it to become operational.

During the dialogue with delegations following her presentation, Ms. Arbour responded to questions posed by the representatives of Switzerland, Netherlands (on behalf of the European Union), Norway, Canada, Guinea, Cuba, Peru, New Zealand, Indonesia, India, China, Algeria, Libya, Argentina and Burkina Faso.  She said the Secretary-General’s “Action 2” reform initiative, to be officially launched on 27 October, was aimed at consolidating the efforts of the United Nations system to advance human rights protection at the country level, so that international standards and laws could have practical effects on the ground.  If properly supported by the United Nations and other partners, she said, the initiative could assist in the protection and promotion of human rights to a greater extent than any other managerial initiative to date.

At the outset of the meeting, the representatives of Iraq, Mozambique, Jordan and Indonesia presented statements on issues related to the implementation of human rights instruments and the Vienna Declaration and Programme of Action.

Continuing the Committee’s consideration of items related to human rights, the representatives of the following countries made statements:  Netherlands (on behalf of the European Union), Morocco, Suriname (on behalf of CARICOM), Norway, the United States, Myanmar, Japan, New Zealand, Sri Lanka, Cuba, Kenya, China, India, the Democratic People’s Republic of Korea, Turkey, Burkina Faso, Fiji, Jordan, and Eritrea presented general statements.  The Observer of the Holy See, and a representative from the Food and Agriculture Organization also spoke.

Bacre Waly Ndiaye, Director of the New York Office of the High Commissioner for Human Rights, introduced reports submitted for the Committee’s consideration on human rights.  Johan Schölvinck, Director of the Division for Social Policy and Development of the United Nations Department of Economic and Social Affairs, also addressed the Committee.

Concluding today’s meeting, the representatives of China, Belarus, Japan, and the United States made statements in exercise of the right of reply.

The Third Committee will reconvene at 10 a.m. tomorrow, 27 October, to continue its consideration of human rights issues.

Background

The Third Committee (Social, Humanitarian and Cultural) met today to continue its consideration of human rights questions.  This morning, it was expected to conclude its general discussion of the implementation of human rights instruments, including follow-up to the Vienna Declaration and Programme of Action.  For additional background information on these matters, please see Press Release GA/SHC/3791 of 25 October.

Also today the Committee was expected to begin consideration of “human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms”, “human rights situations and the reports of special rapporteurs and representatives” and “report of the United Nations High Commissioner for Human Rights”.

In regard of these issues, the Committee had before it a large number of reports, including the report of the United Nations High Commissioner for Human Rights (document A/59/36), presented today by High Commissioner Louise Arbour. Please see the following introductory statement for a summary of her report and recommendations.

Also before the Committee were the reports of many of the special mechanisms of the Commission on Human Rights, including those of the Special Rapporteurs and Independent experts on the situation worldwide regarding:  extrajudicial, summary or arbitrary executions (document A/59/319); the elimination of all forms of religious intolerance (document A/59/366); the human rights of migrants (document A/59/377); the right to food (document A/59/385); human rights defenders (document A/59/401); the situation of human rights in the Democratic People’s Republic of Korea (document A/59/316); advisory services and technical assistance in Burundi (document A/59/352); the situation of human rights in Afghanistan (document A/59/370); the situation of human rights in the Democratic Republic of the Congo (document A/59/378); the situation of human rights in the Sudan (document A/59/413); the right to enjoyment of the highest attainable standard of physical and mental health (document A/59/422); the question of the violation of human rights in the occupied Arab territories, including Palestine (document A/59/256); and the situation of human rights in Myanmar (document A/59/311).  Each of these reports is expected to be presented by the relevant Special Rapporteur or Independent expert during forthcoming meetings.

There was also a report of the Secretary-General on The right to development (document A/59/255), which supplements the report of the United Nations High Commissioner for Human Rights, and provides information on the two-day high-level seminar, organized by the Office of the High Commissioner on the theme of “Global partnership for development”, which was held on 9 and 10 February in Geneva.  It also notes the establishment, for a one-year period, of a high-level task force on implementation of the right to development.

The report of the Secretary-General on Globalization and its impacts on the full enjoyment of all human rights (document A/59/320) presents the views of MemberStates and relevant United Nations agencies received in response to a request for information on the subject.  Responses were received from the Governments of Azerbaijan, Chile, Costa Rica, Cuba, Finland, Italy and Syria.

The report on regional arrangements for the promotion and protection of human rights (document A/59/323) focuses on the regional strategies of the Office of the United Nations High Commissioner for Human Rights.  In order to maximize the impact of the activities of the United Nations at the national level, the Office has pursued a regional and subregional approach through various means, in particular by supporting the establishment of regional frameworks for promoting and protecting human rights.

The report of the Secretary-General on strengthening United Nations action in the field of human rights through the promotion of international cooperation and the importance of non-selectivity, impartiality and objectivity (document A/59/327) presents the responses of Member States to a note verbale from the Secretary-General to contribute proposals and ideas on strengthening United Nations action in the field of human rights.  As of 23 August 2004, replies have been received from the Governments of Azerbaijan, Burundi and Cuba.  Additional replies will be issued as addendum to the present report.

The report of the Secretary-General on Protection of migrants (document A/59/328) contains a summary of communications received from Azerbaijan, Croatia, Denmark, Germany, Greece, Italy, Mexico, Morocco, Panama, Romania, Slovenia and Ukraine, on legal provisions put in place to protect migrants, as well as on programmes, campaigns and policies.  The report also welcomes the establishment of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, as well as the entry into force of the United Nations Convention against Transnational Organized Crime and its Protocols on trafficking in persons and smuggling of migrants.

The report of the Secretary-General on the Question of enforced or involuntary disappearances (document A/59/341) contains information on the activities undertaken to promote the Declaration on the Protection of All Persons from Enforced Disappearance, in compliance with General Assembly resolution 57/215.

The note by the Secretary-General transmits the Report of the Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities on its fourth session (document A/59/360), which was held at United Nations Headquarters from 23 August to 3 September 2004.  Among its conclusions, the Ad Hoc Committee recommends that it continue its work in 2005 and that its Bureau hold an intersessional meeting regarding the preparation and organization of its fifth session.

The report of Secretary-General on Strengthening the rule of law (document A/59/402) notes that the Office of the United Nations High Commissioner for Human Rights (OHCHR) has made the promotion of the rule of law a priority in its technical cooperation programmes, recognizing the link between the rule of law and respect for human rights.  The Office also continues to emphasize the importance of respecting the international legal framework for states of emergency and is strengthening its capacity to offer technical assistance in this area.  It has provided advice to the United Nations peace operations on human rights and rule of law issues, and made concrete proposals on the scope, structure and function of human rights components to ensure that the promotion and protection of human rights law was integrated into respective mandates.

The report of the Secretary-General on the Subregional Centre for Human Rights and Democracy in Central Africa (document A/59/403) provides an overview of the activities carried by the Centre as a contribution of the efforts by the United Nations to promote human rights and democratic principles and values in the Central African subregion, and the most significant developments since July 2001.

The report of the Secretary-General on Human Rights and unilateral coercive measures (document A/59/436) provides information received from Azerbaijan, Costa Rica, Cuba, Mexico and the SyrianArabRepublic in response to a note verbale of the Secretary-General.  Replies received at a later date will be submitted in an addendum to the present report.

The report on the situation of human rights in Myanmar (document A/59/269) is based on efforts undertaken by the Secretary-General and his Special Envoy, Razali Ismail, to discuss the need for the Myanmar Government to ensure the credibility of the seven-step road map for democratic transition, presented by Prime Minister General Khin Nyunt in August 2003.  The report notes that the National Convention was reconvened without the participation of the National League for Democracy and some ethnic nationality political parties.  Daw Aung San Suu Kyi, detained since May 2003, remained under house arrest at the time of reporting.  Myanmar has not cooperated with the United Nations to the maximum extent possible, concludes the report.  The Secretary-General remains concerned by the absence of an all-inclusive process of national reconciliation and democratization in Myanmar.  He has urged the authorities to lift remaining restrictions on Suu Kyi.

The report of the United Nations High Commissioner for Human Rights on assistance to Sierra Leone in the field of human rights (document A/59/340) contains information on developments through the middle of August 2004.  The report notes that the United Nations assistance over seven years has provided a basis for lasting peace, transformation of the war-torn country and establishment of institutions, mechanisms and processes for national healing and reconciliation. However, the worsening socio-economic conditions, attributed in part to the country’s inability to implement targeted Millennium Development Goals, was a critical challenge to peace, justice and reconciliation.

The note by the Secretariat on the Situation of human rights in the Democratic Republic of the Congo (document A/59/367) notes that the effect of the Commission on Human Right’s resolution 2004/84, approved by Economic and Social Council decision 2004/225 was to terminate the mandate of the Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo.

Finally, the note by the Secretary-General on internally displaced persons (document A/59/389) informs the General Assembly of the appointment of Walter Kalin of Switzerland as his representative on the human rights of internally displaced persons.

Statements on Implementation of Human Rights Instruments, Including Vienna Declaration and Programme of Action

FATMA ALDOSKI (Iraq) said the former regime of her country had violated all standards of human rights and values.  Although Iraq had been party to various international agreements guaranteeing its citizens civil, political, economic, social and cultural rights, as well as the elimination of racial discrimination and protection of the rights of the child, the former regime had violated those agreements.  Thus, as it moved through its transitional phase, Iraq had begun to promote the rights provided for in international documents and the Universal Declaration of Human Rights.

The provisional Government, established in 2003, had promulgated laws and laid open the way forward for newspapers and political parties to reflect all the different currents in Iraqi public opinion, she said.  The provisional Government now sought to strengthen democracy, to increase the number of rights and liberties guaranteed to the population, to set up effective and responsible institutions and provide for free and fair elections in the coming year.  The provisional Government also remained committed to increasing gender equality, the independence of the judiciary and the living standards of the population, among other goals. The provisional Government remained convinced that the establishment of liberty would be ensured by Iraq’s membership in the international community, which constituted the way forward.

GERALDO SARANGA (Mozambique) commended the report of the chairpersons of human rights treaty bodies following their sixteenth meeting in June 2004, which highlighted the need for streamlining the working methods of the treaty bodies and reporting requirements imposed to States Parties.  He noted that the majority of Member States had endorsed the draft reporting guidelines, which would avoid duplication and conflicting interpretations of human rights provisions.  Of singular importance was the need for capacity-building and technical assistance which should be provided to States that were committed to preparing and presenting their periodic reports.  His Government supported the idea that capacity-building should focus on the establishment of structures which were indispensable for coordination, evaluation and monitoring of legislation and programmes pertaining to the national implementation of human rights treaties.  He reaffirmed Mozambique’s firm commitment to the protection and promotion of human rights.

He said his Government had established the first ever Constitutional Council, responsible for monitoring the legality of the acts of State bodies and for promoting democracy, good governance, human rights and the rule of law. Despite all his Government’s efforts, however, much still remained to be done to allow full enjoyment of human rights in his country.  Its main concern was law enforcement, which required institutional capacity-building and training of law enforcement personnel.  The lack of adequate resources continued to be an impediment.  He urged the international community to continue rendering the necessary technical assistance to countries in need.

SAJA S. MAJALI (Jordan) said her country had committed itself to pursuing a path of democratic reform, and had, to that end, established a ministry for political development, which signalled the start of a new phase of genuine participation in decision-making.  Recommendations and proposals had been made to advance that process, and a draft national plan on political development had been elaborated.  To further advance democracy and regulate the media profession, the Ministry of Information had been abolished, and the Higher Media Council had been established as a regulatory body, charged with setting laws to grant the media the independence to function freely in a pluralist environment.  Efforts had also been made to disengage the State from direct control of media outlets and to allow private media to function.

On the judiciary, she noted that the Government had undertaken to modernize the judicial system in its day-to-day operations, including through the training of judicial officials and the introduction of new curricula in judicial programmes.  As a strong legal foundation remained necessary to the development of the judicial system, a three-year plan of reform had been developed to improve national judicial performance.  Jordan had also spearheaded the judicial reform component of a joint initiative between six Arab countries, and ranked twenty-third among 102 countries on independence of the judiciary.  The national strategy’s planners hoped to achieve a higher ranking by 2006.

To promote human rights, she continued, new curricula aimed at enhancing dialogue and democratic principles had also been introduced in the education system.  Thirty human rights concepts, divided into five areas –- freedom, justice, dignity, tolerance and equity –- had been included in the national curricula.  Furthermore, strategies had been undertaken to bridge the existing gender gap and to end discrimination against women and children.  A new centre for human rights had been established in 2002, and had acted as the national ombudsman on violation of human rights.

Finally, expressing concern that the comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action was impeded by gross, grave and mass violations of human rights in the world at large, she urged that particular attention be given to violations that occurred as a result of armed conflict and foreign occupation.  The international community had a duty to take a firm stand against such violations.

JONNY SINAGA (Indonesia) noted that his country’s constitution had been amended in 2000 to provide a stronger foundation for and better implementation of the promotion and protection of human rights.  Moreover, Human Rights Law 39/1999 and 26/2000 ensured that there would be no impunity for violators of human rights in Indonesia.  Reviewing those international instruments that had been ratified or acceded to by his country, he reiterated that the ratification of international human rights instruments strengthened national human rights legal instruments and supported the policy of national legal reform and development, in conformity with internationally-accepted norms.

However, ratification did not constitute an end in itself, he added. Implementation of those instruments remained essential, and Indonesia was doing its utmost to submit its compliance reports in a timely manner.  Indonesia had made a great deal of progress, and the elections of 2004 and inauguration of the new Government would further facilitate continuation of human rights reforms and initiatives.  The international community’s support would contribute importantly to that process.

The country’s second National Plan of Action on Human Rights, 2004-2008, he continued, aimed to ensure enhanced respect, promotion, fulfilment and protection of human rights nationally.  It took into account the religious values, customs and cultural values of the Indonesian people and had an established timeline for attainment of concrete goals in the areas of ratification of international human rights instruments, education on human rights issues, implementation in priority areas concerning human rights, and domestic implementation of international human rights instruments.

Statement by High Commissioner for Human Rights

LOUISE ARBOUR, the United Nations High Commissioner for Human Rights, highlighting the importance of human rights as law, said the Universal Declaration of Human Rights articulated a legal framework that bound all global efforts to promote and protect human rights work.  That body of law was a democratic institution that upheld dignity, equality and justice, and that was why she intended to strengthen the capacity of the Office of the United Nations High Commissioner for Human Rights in the area of the rule of law.  She said the Secretary-General’s Action 2 reform initiative, to be officially launched tomorrow, was aimed at consolidating the efforts of the United Nations system in advancing the protection of human rights at the country level, so that international standards, norms and laws could have practical effects on the ground.

Outlining the role of the rule of law in various areas affecting human rights, she said that while States had repeatedly affirmed the indivisibility of all human rights, economic, social and cultural rights had not always enjoyed the same level of legal protection as civil and political rights.  That needed to be addressed.  Efforts to adopt a new treaty needed to spell out more clearly the obligations States had accepted to ensure human rights protection to the 600 million persons living with disabilities.  In the fight against terrorism, a high priority must be placed on ensuring respect for human rights, and the international community must not abandon its resolve to confront terrorist acts within the framework of existing rights and the rule of law.  Deeply entrenched rights had been rolled back in the name of the war against terrorism, and that was neither principled nor effective.

She said her Office was addressing human rights in many areas, including, business, globalization, women, trafficking, indigenous people, racial discrimination and the implementation of human rights legislation.  She highlighted how the process of policy formulation and the implementation of development programmes could benefit from human rights principles.  There was no question that States had the primary responsibility for their own economic and social development.  The role of national policies and development strategies could not be overemphasized.  At the same time, the international community had the responsibility to create a conducive international environment for the realization of the right to development.  There was a need to move beyond the rhetoric of commitments outlined in the Millennium Declaration five years ago, as much still remained to be done to realize commitments to reduce extreme poverty.

The link between human rights and economic and development issues raised the issue of the role played by non-State economic actors, she said, highlighting the importance of the debate concerning the responsibility of corporations in upholding human rights protections.  Furthermore, the adoption of a human rights-based approach to decision-making on trade, information and communications, and migration could increase the beneficial impact of globalization and minimize its harmful consequences.  Her Office, as mandated by the Commission on Human Rights, was increasingly exploring links between human rights and globalization.

Turning to the advancement of women, she said the Universal Declaration had enshrined the right of everyone to enjoy all human rights without discrimination based on their sex.  Much work still remained to be done, including the attainment of universal ratification of the Convention on the Elimination of All Forms of Discrimination against Women.  Numerous examples of discriminatory legislation persisted in many countries around the world.  Women were all too often still experiencing discrimination without legal remedy.

In the area of trafficking, she said measures to combat that menace should not simply focus on crime prevention but must do more to ensure that the human rights of the victims were protected.  Her Office would continue to promote a human rights-based approach to the fight against trafficking.

Her Office was also ready to provide its fullest possible support to advancing efforts to adopt a United Nations declaration on the rights of indigenous people.  She said there had been slow progress of the adoption of the draft, with only two of 45 articles provisionally adopted.  She was also determined to make the struggle against racism, racial discrimination and xenophobia a priority of her Office.

Addressing concerns about the implementation of human rights legislation, she said only 104 States had ratified the Optional Protocol to the International Covenant on Civil and Political Rights, and she urged all Member States to work towards greater ratification of and adherence to that important procedure.  She also called on States to ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, whose purpose was to establish a system of regular visits by independent bodies to places where people were deprived of their liberty and where fundamental rights were particularly at risk or were insufficiently protected.  The Optional Protocol so far had received only five ratifications, and 20 were needed for it to become operational.

On the issue of the reform of the treaty reporting system, she said that among the backlogs of reports awaiting review, the Committee on the Rights of the Child was most affected.  She supported the Committee’s request to the Assembly to allow it to meet in two chambers for a trial period of two years in order to clear the report backlog, and she appealed to delegations for a favourable consideration of that proposal.

She said the protection of human rights must be a core priority in the United Nations field activities, noting that providing human rights support for a growing number of United Nations peace missions was one of her Office’s principal functions.  Gross human rights violations were invariably an advance indicator and by-product of conflict.  The Office of the United Nations High Commissioner for Human Rights (OHCHR capacity and readiness to participate actively in the United Nations conflict resolution efforts to deal appropriately with urgent requests to investigate large-scale human rights violations.

In conclusion, she highlighted the importance of national human rights defenders who were targeted in many countries to prevent them from speaking.  The silencing of human rights defenders compromised the capacity to respond to crises, and the international community had a collective responsibility to protect human rights defenders to preserve their unique role in the fight to defend human rights.

Dialogue with High Commissioner for Human Rights

Participating in a subsequent question-and-answer session with the High Commissioner were the representatives of Switzerland, Netherlands (on behalf of the European Union), Norway, Canada, Guinea, Cuba, Peru, New Zealand, Indonesia, India, China, Algeria, Libya, Argentina and Burkina Faso.

Asked about the priorities she intended to set for her Office in the short- and medium-terms, Ms. ARBOUR underscored the importance of fighting racism and racial discrimination, as well as the need to focus on matters related to the rule of law as central to all human rights initiatives.  She also highlighted the necessity of engaging fully in acute crisis management and fulfilling the Office’s protection mandate.

However, she continued, she would not neglect more chronic –- but still catastrophic –- violations of human rights, such as those associated with extreme poverty and severe violations of economic and social rights.  The Office would also continue to support robust international anti-terrorism initiatives, while ensuring that they were properly constrained by existing human rights mechanisms and deployed with respect for the rule of law.

Elaborating upon her “Action 2” initiative, she said that, if properly supported by the United Nations and her other partners, the initiative could assist in the protection and promotion of human rights to a greater extent than any other managerial initiative to date.  The “Action 2” initiative’s ultimate aim remained empowerment of national actors -– national human rights institutions, human rights defenders, courts and other country-based mechanisms –- to develop their full-fledged capacity to ensure respect for human rights on the ground.

The “Action 2” initiative, she added, would require the mainstreaming of a human rights approach by all United Nations partners and would be implemented through joint initiatives between her Office and the United Nations Development Programme (UNDP).  As the Office of the High Commissioner would develop a presence on all country teams, the initiative would constitute a long-term, sustained effort to multiply the Office’s visibility and presence on the ground.  It would require endorsement and other voluntary contributions by States.

Regarding the emergency response and early detection unit, whose creation she had proposed, she said her Office was currently in the process of elaborating the new mechanism.  Its needs would be reflected in the Office’s annual appeal and in the regular budget. Developing and strengthening capacities for promotion and protection of human rights meant that the Office must become a full-fledged partner in peacekeeping and post-conflict management operations, including to bring the culture of impunity to an end.  The High Commissioner’s Office must assist States recovering from conflict to articulate appropriate accountability mechanisms, which required the creation of the new unit attuned to the early signs of potential conflict.

She also said that she would make a particular plea to the Advisory Committee on Administrative and Budgetary Questions (ACABQ) to provide an appropriate level of support for the Office’s core activities.

On her Office’s role in supporting the human rights treaty bodies, she stressed the urgency of sustaining the excellent work being done by the treaty bodies and the special mechanisms of the Commission on Human Rights and said they must be enabled to follow up their own recommendations.  The High Commissioner should collect information regarding compliance with these entities’ recommendations.  Much energy had been devoted to treaty ratification, but not enough had been devoted to ensuring capacities for follow-up on recommendations made after the due consideration of issues.

Regarding women’s rights, particularly during times of conflict, she noted that the subject would be addressed by the Security Council later in the week.  She would specially speak on the subject at that time.  However, she acknowledged that more progress had been made on the situation of women in armed conflict over the last decade than had been made in the preceding five.  The work of international tribunals such as those for the former Yugoslavia, Rwanda and Sierra Leone, and the elaboration of the Rome Statute on the International Criminal Court, had been particularly important to that end.  They had recognized the special oppression and abuse suffered by women in times of conflict.  Rape and sexual violence had been recognized, in given circumstances, as constituting a war crime, crime against humanity and even as an act of genocide.  Now efforts must be made to sustain and reflect these advances in national legal systems.

On terrorism and counter-terrorism initiatives, she noted that the work of the Special Rapporteur would greatly aid the international community and her Office in its efforts.  Counter-terrorism must be pursued within the framework of existing human rights instruments, which placed the responsibility to protect human rights squarely upon Governments.  At the same time, the international community must respond imaginatively and in robust fashion to the particular threat posed by sinister organizations, which sometimes had capacities surpassing those of States.

Regarding the protection of migrant workers, she acknowledged the need to increase ratification of the related International Convention and to discuss the issue in conjunction with interrelated topics.

Regarding application of the principle of equitable geographic distribution on the human rights treaty bodies, she noted that appointments to those bodies did not fall within her mandate.  However, she remained committed to implementing the principle of equitable geographic distribution in those forums she did control, as any human rights enterprise must be fully inclusive and reflect the pluralism, which enriched the human rights discourse.

In response to a follow-up question, she urged governments to forward appropriate candidates for posts within the Office of the High Commissioner, reminding them that she could not just go out and find qualified candidates from underrepresented countries.

In response to a question on restructuring the mandates of the special procedures of the Commission on Human Rights, she explained that they had been framed so as to allow the special procedures both to speak within the United Nations and as independent entities.  This was both a strength and weakness; the strength was their ability to raise awareness on all issues, the weakness that they remained only one voice.

She reiterated her commitment to devoting equal attention to the promotion of economic and social, as well as to civil and political rights and reaffirmed that the principle of the universality and indivisibility of human rights must be respected.

Progress had been made in the field of human rights, she concluded, particularly in the declaratory field, which related to the articulation of human rights norms and standards.  However, the international community was now emerging from the declaratory era and must embrace the more challenging era of enforcement.

PIET DE KLERK (Netherlands), speaking on behalf of the European Union, said it was the Union’s strong conviction that in dealing with terrorist threats, human rights and the rule of law must be respected in compliance with States’ obligations under international law, in particular human rights, refugee and humanitarian law.  Noting that certain country situations warranted particular attention by the General Assembly, he said the European Union would table draft resolutions on the human rights situations in Myanmar, the Democratic Republic of Congo, the Sudan, and Turkmenistan.  The European Union had adopted policy guidelines around four themes -- the abolition of the death penalty, the prevention of torture, children and armed conflict, and the protection of human rights defenders—-to serve as a framework for the protection and promotion of human rights in third countries.  He emphasized that focus on those themes did not exhaust other important human rights concerns of the European Union, such as intolerance towards persons, which posed a constant threat.

He said the abolition of the death penalty remained one of the fundamental goals of the human rights policy of the European Union.  The European Union was opposed to the death penalty in all circumstances and considered its abolition a crucial step towards the advancement of human dignity and the progressive development of human rights.  It called upon all States to abolish the death penalty or at least to establish a moratorium on executions.  Where capital punishment did persist, it should be carried out so as to inflict the minimum possible suffering and should not be carried out in public or in any degrading manner.  The European Union urged all countries that performed public executions to abolish it by law as a matter of priority.  The European Union was concerned about the trend to include the death penalty in new anti-terrorism laws.  The fight against terrorism should not be abused as an excuse to reintroduce capital punishment.

The prevention of torture and other cruel, inhuman or degrading punishment or treatment was another issue of great concern to the European Union, he said. Despite the growing number of countries that have ratified the Convention against Torture and other Cruel, Inhumane or Degrading Treatment or Punishment, torture remained endemic even among States that had become party to the very same convention.  The European Union called upon these States to make clear to all public officials and any persons acting in an official capacity that no exceptional circumstances or any other public emergency, might be invoked as a justification of torture.  The European Union continued to cooperate with all interested States in order to eradicate torture, also by means of technical assistance.

The European Union was presently working on the implementation of the Guidelines on Children and Armed Conflict adopted in December 2003, and he said it intended to work with all relevant actors to ensure that existing international safeguards relating to the rights of the child were implemented.  It urged countries that had not already done so to ratify the Optional Protocol on the Involvement of Children in Armed Conflict.

Lastly, on the European Union’s concerns regarding human rights defenders, he said special tribute should be paid to all dedicated individuals and non- governmental organizations who were committed to the cause of promoting and protecting human rights.  The European Union was worried about the situation of human rights defenders in many countries and strongly supported the work of the Special Representative of the Secretary-General for human rights defenders.

OMAR KADIRI (Morocco) said the Vienna Declaration and Programme of Action called on the entire international community to deploy sustained efforts to enable the people of the world to free themselves from the burdens of poverty and underdevelopment.

The Moroccan Constitution, he noted, had affirmed the country’s attachment to internationally-agreed standards of human rights.  Reviewing the efforts undertaken in recent years to harmonize national laws with the commitments undertaken in various international instruments, he cited reform of national codes on the family, labour, the electoral process, the press, and civil and penal procedures.

Since 1999, Morocco had implemented a National Education Programme on human rights, he added, which had provided for the training of more than 3,000 teachers and the revision of textbooks to bring them into harmony with internationally recognized human rights principles.  There had also been efforts to train police and judges, and an institutional framework for the promotion of human rights had been developed.

The Advisory Council on Human Rights worked to promote a culture of human rights, he said, and was responsible for considering the situation of political detainees and victims of enforced or involuntary disappearances.  It also dealt with compliance with international standards on civil and political, as well as economic, social and cultural rights and had assumed coordination of national institutions for the protection of human rights.  The Council had recently presented its 2003 report, and its report on the state of Morocco’s prisons.

An independent arbitration body had been established, with a mandate to work from 1999 to 2003, he said, to consider the situation of victims of enforced disappearances and arbitrary detention.  That body had allocated $10 million in indemnities.  A reconciliation body had also been established with the responsibility to settle unresolved cases of enforced disappearances and would shortly submit its final report.

He expressed satisfaction with the entry into force of the Convention on the Rights of Migrant Workers and Their Families and expressed concern over the continued violation of the rights of Palestinian people, as a result of illegal Israeli practices.  The international community should call upon Israel to bring the situation to an end and to comply with international standards and norms.

EWALD LIMON (Suriname), speaking for the Countries of the Caribbean Community (CARICOM), said the importance of strong national human rights institutions could not be overemphasized as a contribution to implement international obligations to effectively carry out recommendations of human rights bodies.  It acknowledged reporting requirements under treaty provisions were an important means of monitoring the implementation of human rights instruments, but the requirements weighed heavily on small States like the CARICOM members that had limited resources.  The CARICOM called for increased technical cooperation to assist States wishing to report, or requiring further assistance to carry out recommendations of treaty bodies.

He said the international community should be mindful of the fact that the fight against terrorism must at all times take place within the framework of the rules of international human rights and humanitarian law.  The CARICOM welcomed the decision taken at the sixtieth session of the Human Rights Commission to appoint an independent expert to examine the question of the protection of human rights while countering terrorism.

Equal attention should also be given to the impact of globalization on the full enjoyment of human rights and fundamental freedoms.  In this context, issues such as creating debt relief programmes for the least developed countries, fair competition rules, the democratization of international financial institutions, and creating market opportunities for developing countries could positively contribute to the advancement of social and economic development.

TORMOD C. ENDRESEN (Norway) said that, while all had agreed that preventing acts of terror remained necessary to secure the civilian population from potential random violence, the fight against terrorism must not become a pretext for deviating from the fundamental principles of rule of law and fair trial guarantees.  If such fundamental principles were disregarded and the international community descended to totalitarian methods, then terrorists could truly claim ideological victory.

As human rights standards had increasingly been ignored, he added, human rights defenders were often the first to fall victim to Government measures that set aside the rule of law.  Building and sustaining democratic structures required securing every citizen’s right to freedom of expression and association; securing those rights also constituted a long-term investment in sustainable security.  The suppression of political opposition led to exclusion and marginalization, which could generate violence.

The human rights violations perpetrated against human rights defenders were most often violations of legally-binding human rights standards.  The general tendency to focus on the development of new norms as a means of addressing human rights problems remained a source of concern; if all existing human rights norms were implemented faithfully in all parts of the world, serious human rights violations would be very rare.  Finding ways to ensure the implementation of existing norms would make a much greater difference than elaborating new ones.

However, he acknowledged, the rights of especially vulnerable groups must be emphasized in some areas.  The elaboration of a convention on the rights of disabled persons was supported, as were the elaboration of a declaration on the rights of indigenous peoples and the activities of the working group on enforced disappearances.

Efforts to enhance implementation of human rights instruments should focus on universal adherence, he said.  Furthermore, reservations to the core human rights treaties should be withdrawn, especially those contrary to a treaty’s object and purpose, or inconsistent with international customary law.  Another stumbling block was embodied by the right of derogation.  While it remained a legitimate and necessary legal regime enabling States to balance the need for national security against that for individual protection, abuse of derogation rules amounted to failure to implement human rights.

He noted that non-implementation of human rights was a particular risk in situations of conflict; some situations were so grave that the international humanitarian law regime became applicable.  Thus, the clarification that both human rights law and international humanitarian law were applicable in such conflict situations was welcomed.  He reiterated his Government’s opposition to the death penalty, and support for the elimination of torture, racial discrimination, discrimination against women, suppression of freedom of speech, religion and assembly, and other violations of human rights.

YOUSIF GHAFIRI (United States) noting the strides made on the path to democracy by Afghanistan and Iraq, said positive developments towards democracy had also taken place in Algeria and Morocco.  However, in some countries in the Middle East there was no abatement in the use of torture, in the repression of free speech and of independent political and religious activity.  The need for concrete reform continued in Syria, and Iran’s poor human rights record had worsened.  The United States welcomed positive steps in Saudi Arabia, including increased citizen participation and the announcement of municipal elections.  It urged all governments in the region to fulfil the promise of the Doha Declaration for Democracy and Reform, which called on all Arab countries to adopt modern, democratic constitutions and to regularly hold free elections, place limits on executive power, guarantee freedom of expression, permit women full participation in political life, and end extra-judicial procedures, emergency laws and torture.

He noted countries where democracy and human rights were faring poorly, including Belarus, China, Myanmar, the Democratic People’s Repubic of Korea, the Sudan, Turkmenistan and Zimbabwe.  The regimes in these countries, he said, were violating basic political and civil liberties of their people on a daily basis. The United States would support resolutions on several of these countries’ human rights records this year, and it called on all States to join in promoting and defending human rights in those countries.

He said the United States was pleased that the Office of the High Commissioner for Human Rights was pursuing a plan to raise the number of human rights monitors in Darfur.  His country was doing everything it could to help resolve the security situation.  His Government had been in the forefront of providing assistance to the people of Darfur and would remain in the forefront. However, it was time for the entire international community to increase its assistance.  The United States recalled that Security Council Resolution 1556 provided for the establishment of a Commission of Inquiry to explore whether genocide had occurred in Darfur and it hoped the Government of the Sudan would cooperate with the individuals selected for the panel.

Introduction of Reports

BACRE WALY NDIAYE, Director of the New York Office of the United Nations High Commissioner for Human Rights, introduced a number of reports by the Secretary-General, on human rights questions, including the report on regional arrangements for the promotion and protection of human rights (document A/59/323). The Office of the High Commissioner had supported the establishment of regional frameworks for the promotion and protection of human rights, adopted a subregional focus wherever appropriate, outposted regional and subregional representatives, concluded cooperative agreements with the United Nations agencies and regional institutions, undertook joint regional projects and sponsored or organized consultations and dialogues.

On the report on enforced or involuntary disappearances (document A/59/341), he noted that the number of cases submitted to the attention of the Working Group during the period of the last two years had drastically increased.  In the past, the phenomenon of disappearances had mainly been associated with policies of authoritarian regimes; disappearances today occurred in the context of much more complex situations of internal conflict and tension.

On the report on strengthening the rule of law (document A/59/402), he said it provided examples of technical cooperation projects related to strengthening of the rule of law undertaken in 28 countries.  Activities therein included provision of advice on transitional justice, truth and reconciliation processes and criminal justice reform.  Assistance had also been provided for drafting criminal justice legislation and advice on witness protection issues.  Other assistance included training for parliamentarians, judges, prosecutors, lawyers, law enforcement and prison officials.  The Office of the High Commissioner was also in the final stages of implementing a project to provide tools to help ensure the centrality of human rights in the administration of justice in post-conflict and post-crisis countries.

On the report on the right to development (document A/59/255), he noted that the Commission on Human Rights had endorsed the conclusions and recommendations of the Working Group on the Right to Development, including to establish a high-level task force on implementation of that right for the period of one year.  On the report on the Subregional Centre for Human Rights and Democracy in Central Africa (document A/59/403), he noted that the Centre had intensified contacts with partner agencies and institutions and had focused its activities on:  support to human rights organizations; collaboration with and technical support for governments and national human rights bodies; provision of human rights perspectives to the United Nations Development Assistance Framework processes; and establishment of a documentation unit.

Regarding the report on the proposed plan of action for the first phase of the world programme for human rights education, he noted that the draft plan of action comprised six main sections and two annexes.  Section A provided a general introduction to human rights education based on internationally-agreed principles, while Sections B to F, and the two annexes, had been devoted to human rights education in the school system.

He also noted that the two reports dealing with protection of human rights while countering terrorism had been based on belief in the central role of the judiciary in ensuring that counter-terrorism measures complied with international human rights obligations. The Study of the High Commissioner for Human Rights on the extent to which special procedures and treaty monitoring were able to address the compatibility of national counter-terrorism measures with international human rights obligations was also before the Committee.

The report on protection of migrants (document A/59/328), he added, provided information on legal provisions put in place to protect migrants, as well as programmes, campaigns and policies for the same purpose.  Finally, the report on globalization and its impact on the full enjoyment of all human rights (document A/59/320) indicated that adopting a human rights-based approach to decision-making on trade, financial flows, information and communications or migration would be essential to increasing the beneficial impact of international economic integration.

JOHAN SCHÖLVINCK, Director of the Division for Social Policy and Development, United Nations Department of Economic and Social Affairs (DESA), briefing the Committee on the implementation of General Assembly resolution 58/246, said the work of the Ad Hoc Committee had given the DESA and the Office of the High Commissioner for Human Rights (OHCHR) an opportunity to work closer together.  Consultations between the two offices had been carried out routinely on both substantive and organizational matters.  All activities of the Ad Hoc Committee that took place in 2004 were serviced by the DESA in close collaboration with the OHCHR.

Following the adoption of resolution 57/299, establishing a voluntary fund to support the participation of non-governmental organizations and experts from developing countries, a sub-account of the United Nations Voluntary Fund had been created to receive contributions that had been earmarked for the above mentioned purpose, he said.  Up to now, it had been possible to sponsor all applicants who applied for funding:  a total of 47 participants, 20 of whom were women.

KYAW WIN (Myanmar) said it was regrettable that many of the current human rights allegations against Myanmar had emanated from splinter groups of former armed insurgents and expatriate dissidents who, having lost their significance as armed movements, were now diverting their resources to wage a propaganda war based on half-truths.  His Government was pleased to report the progress that Myanmar had made in the area of human rights since peace had been achieved with over 95 per cent of armed insurgencies in the past decade.  Among the milestones reached in the efforts to improve human rights standards were:  the establishment of the International Committee of the Red Cross (ICRC) office in Myanmar; creation of a National Human Rights Committee; establishment of a liaison office of the International Labour Organization (ILO); and the introduction of human rights education in middle and high schools.

He stressed that Myanmar was one of a handful of countries that had become subjected to greater scrutiny by the United Nations than others despite the fact such allegations had remained unproven for so many years.  Partiality and selectivity had remained hallmarks of a General Assembly resolution called the Human Rights Situation in Myanmar, from which Myanmar had no choice but to reject and dissociate itself for some years.  However, cooperation with the United Nations still remained the cornerstone of Myanmar’s foreign policy.  The United Nations should rest assured that his Government was committed to maintaining the momentum it had achieved to promote and protect the legitimate rights of its 51 million people until the final goal of establishing a modern, democratic nation was realized.

SHINICHI KITAOKA (Japan) reaffirmed that fundamental human rights were universal values that should be promoted and protected in every part of the world. Their promotion and protection were the legitimate concern of the international community, which should facilitate all countries’ efforts to improve their human rights situation, taking into account factors such as history, culture and tradition.

Regarding the situation in the Democratic People’s Republic of Korea, he said he welcomed the appointment of the new Special Rapporteur and pledged Japan’s support in the discharge of his mandate.  Japan sincerely hoped that the Government of the Democratic People’s Republic of Korea would honour its commitments under the Pyongyang Declaration.  On the situation in Myanmar, he called for continued positive steps towards national reconciliation and democratization, with full involvement of all concerned parties.  Myanmar should receive the Secretary-General’s special envoy and Special Rapporteur, Paulo Sergio Pinheiro, as soon as possible.

Among its efforts to promote and protect human rights, he continued, the Governments of Japan and the Sudan had co-organized a symposium aimed at ending female genital mutilation in August 2003, in conjunction with the United Nations Children's Fund (UNICEF).  His country remained particularly concerned about the serious human rights situation of the people of the Darfur region of the Sudan. Japan welcomed the Sudanese Government’s decision to increase and expand the numbers and duties of the African Union monitors and hoped that ongoing talks between the Sudanese Government and the rebels would soon reach a compromise for a peaceful settlement.  He also welcomed Cambodia’s ratification of the agreement with the United Nations regarding the Khmer Rouge trials.

EDWARD ABLETT-HAMPSON (New Zealand), addressing concerns about the more than 600 million people around the world with disabilities, said persons with disabilities were not asking for new or different rights.  They simply aspired to enjoy all human rights on an equal basis with other people and without discrimination based on their disability.

He said the international community now had the opportunity to make good its neglect and often wilful disregard of the rights of this large, diverse and marginalized group of people.  It was important to conclude the negotiations as rapidly as possible, though not at the expense of the quality of the final document.  The Convention would break new ground, and the international community must ensure that it would be a significant addition to the body of international human rights law.  New Zealand urged the international community to put its full weight behind these important negotiations.

MANEL ABEYSEKERA (Sri Lanka) said she regretted that the report of the United Nations High Commissioner for Human Rights on a study to identify the means and measures for strengthening the promotion and protection of human rights and fundamental freedoms while countering terrorism was not available.  She said her country’s commitment to upholding human rights was demonstrated not only by becoming a party to all seven major human rights conventions, but also by subjecting members of its armed forces and police to training in human rights affairs while actively combating terrorism.

Noting that only a few countries had responded to Assembly resolution 58/193 on the subject of “globalization and its impact on the full enjoyment of human rights”, she said while globalization would be a positive force in the long term, it would heighten inequalities in the short term, particularly for the people in the developing and least developed countries.  In the short term, millions of people would be pushed out of employment, thus impinging on their rights to food, housing, healthcare, education and many other necessities.

Turning to the subject of “forcible religious conversions”, she said that in her country the sudden emergence of alleged unethical conversions and tensions arising from it had been firmly dealt with by law enforcement.

RODNEY LOPEZ (Cuba) said that a certain group of developed countries would not base their analysis of the worldwide human rights situation on building dialogue through objectivity, impartiality and non-selectivity and on the universality of human rights, as agreed in the Vienna Declaration.  On the contrary, they would not cease to manipulate the United Nations’ human rights machinery to satisfy their interest in domination.  They would favour civil and political rights to the detriment of economic, social and cultural rights, and remain silent in the face of the daily flagrant violations of human rights occurring in the name of the war on terror.

After centuries of colonial plunder and contemporary neoliberal globalization, he added, those countries had amassed 83 per cent of all global wealth.  That situation should bring one to question whether the 1.2 billion people living in conditions of absolute poverty, the 876 million illiterate adults and the more than 115 million children with no access to school, could enjoy any human rights at all.

Few people in the world had to struggle as tenaciously as the Cuban people to enjoy fully their human rights, he said.  The Cuban people had been subjected to one of the most intensely aggressive campaigns ever, promoted and financed by successive United States administrations.  The group currently exercising power in the United States had never admitted the right of the Cuban nation fully to exercise its sovereignty; the defiance of the Cuban people in the face of global hegemonic domination by the superpower was unacceptable to them.

Strengthening cooperation on human rights would never be fully achieved, he concluded, unless the principles of universality, objectivity, impartiality and non-selectivity served as pillars to international efforts.  There was an imperative need for a new dialogue and mutual respect among the countries of the North and South.

FRANKLIN ESIPILA (Kenya) said his Government believed that strengthening of national capacities to promote and protect human rights was paramount to achieving the ideals of upholding human rights standards for peace and justice.  To this end Kenya was currently undertaking comprehensive legal reform.  Earlier this year the Kenyan Parliament had enacted the Persons with Disabilities Act, providing for the protection and full participation of people with disabilities.

He said the Constitution of Kenya contained a Bill of Rights, which guaranteed human rights and fundamental freedoms as enshrined in any international human rights treaties and conventions.  There had been a deliberate effort to strengthen the Bill of Rights to include economic, social and cultural rights.  The Kenya National Commission on Human Rights had been established last year and was a watchdog to oversee and report on the activities of the Government and its relationship with the people.  Its functions included investigation of complaints and acting as the Government’s chief agent in implementing international human rights standards.  Human rights could only be enjoyed in an atmosphere of peace and stability in all Member States.  For this reason Kenya called on the international community to support peace processes in the Great lakes and Horn of African regions.

ZHANG YISHAN (China) noted that while traditional threats such as regional conflict continued to exist, non-traditional threats such as terrorism had become more prominent.  Meanwhile, the gap between the North and South, and the digital divide, had widened further.  Responding to these new circumstances must be the focus of the international community; fulfilling the noble mission of the Commission on Human Rights to promote and protect human rights would require a review of the past and insight into the future.

In spite of past achievements such as the eradication of apartheid, the Commission now remained hindered by serious political confrontation and low credibility, he noted.  In recent years, some countries had attempted to turn the Commission into a tool to be manipulated.  Those countries ignored large-scale violations of human rights, such as foreign military occupation and wilfully “named and shamed” developing countries they did not like.  The grave politicization and double standards witnessed at the Commission had wasted United Nations resources and deepened the differences among countries, which had resulted in a situation in which human rights issues of universal concern received little attention.

There must be reform in the area of human rights, he stressed, including through adherence to the principles of the United Nations Charter.  Achieving international cooperation should serve as the starting point.  Consideration must be given to different countries in terms of social systems, level of economic development and cultural background.  Discussion at the Commission should focus more on human rights at the national level, with countries either presenting national progress and experiences or frankly highlighted their problems.  It was also necessary to strengthen dialogue on the basis of equality and mutual respect. This remained the only means of giving the Commission new enthusiasm and vigour.

As a victim of terrorism, he added, China remained opposed to all forms of terrorism and had taken an active part in the international fight against that scourge.  In combating terrorism, the international community must abide by the terms of the United Nations Charter and international law.  All countries should employ the same standards against both domestic and foreign terrorists.  Nor should any country turn a blind eye to certain forms of terrorism.

P.S. GADHAVI (India) said his Government believed development had to be pursued in its comprehensive sense.  While its first objective must be to eradicate poverty, it should be people-centred.  A rights-based approach to development, or the mainstreaming of human rights in development efforts, was a concept distinct from the mainstreaming of the right to development in the promotion and protection of all human rights.  Each had its place, and one could not subsume the other.

He said India supported the work of the Office of the United Nations High Commissioner for Human Rights in enhancing human rights capacities through dialogue and programmes directly with national governments and through work with national human rights institutions.  However, the proposal of Office of the United Nations High Commissioner for Human Rights (OHCHR) to support human rights at the country level was another issue altogether.  Incorporating human rights activities at the country level would result in the possible diversion of very limited resources currently available for technical cooperation in development areas, particularly in crucial areas of human resources development.  Although many of the international conferences had pledged additional resources for development for capacity-building and for technical cooperation, those had hardly been forthcoming.  In these circumstances, entrusting the Resident Coordinator system to promoting human rights at the country-level would only be at the expense of the much-needed traditional technical cooperation and would be unacceptable to developing countries.  In such connection, India appreciated the work undertaken by the OHCHR in the effort expended in national capacity-building activities through its technical cooperation programmes.

PAK TOK HUN (Democratic People’s Republic of Korea) said the most serious obstacle to improve effective enjoyment of human rights was the infringement of sovereignty and interference in internal affairs of other countries under the cover of “democracy” and “protection of human rights”.  The military occupation of Iraq and the massacre of civilians by the United States under the cover of liberating the people from dictatorship and recovering “democracy” constituted a wanton violation of the United Nations Charter and proved that military occupation was accompanied by violations of human rights.

A typical example of an attempt to change another country’s system under the pretext of human rights protection was the “North Korean Human Rights Act” of the United States, adopted on 18 October, he said.  The act included 12 hours per day anti Democratic People’s Republic of Korea broadcasting in the Korean language and infiltration of pre-tuned radios in the country.  It forced international organizations and neighbouring countries to join in its implementation.  His Government had established a people-centred human rights system of Korean style. All citizens without exception enjoyed freedom and rights on an equal footing under a system of free educations, free medical care and free housing.  Accordingly, his country was now free from unemployment, illiteracy, homelessness, violence, prostitution and other social evils.

HAKAN TEKIN (Turkey) said that although human rights in today’s world could not be seen merely as a domestic issue, primary responsibility to promote and protect human rights remained with States.  There was room for improvement in every country; no State could claim immunity from criticism in regard of human rights.  Instead, working for achievement of the highest standards of human rights should be the duty and responsibility of each member of the international community.

To that end, Turkey had continued its wide-ranging reform process, he said. Since 2001, an extensive series of legal reforms had been implemented to strengthen democracy, the rule of law, human rights and fundamental freedoms.  This unprecedented reform process had led to abolition of the death penalty, adoption of a “zero tolerance” policy on torture, and expansion in the freedoms of expression, religion, association and assembly.  The independence of the judiciary had been reinforced and enjoyment of various economic, social and cultural rights had been ensured.  The prison system had been reformed and measures had been taken to eradicate corruption.

The reform process had been based on three pillars, he continued, including a thorough review of legislation, measures to ensure effective implementation of new legislation and strengthened international commitments.  Eight comprehensive reform packages and two substantial sets of constitutional amendments had been adopted in the past three years.  Those reforms had been coupled with strengthened partnerships with civil society on issues of human rights, as well as emphasis on human rights education and the implementation of comprehensive joint projects for human rights training for security forces and the judiciary, in conjunction with the Council of Europe and European Union.  Bilateral programmes had also been established with several European countries, and a Reform Monitoring Group had been established to oversee progress in the actual implementation of reforms.

Turkey had also become a party to all principal United Nations human rights treaties, he added.  Special priority had been attached to increasing engagement with the human rights mechanisms of the United Nations system, and with regional instruments.  A standing invitation had been issued to all thematic special procedures of the Commission on Human Rights.

MOUSSA NEBIE (Burkina Faso) said the migrants issue was an issue of great importance and had always gone hand in hand with development.  It must therefore be integrated into national policy.  The history of peoples was marked by migration flows.  Very few people lived on the soil of their ancestors.  The recent history of Africa bore witness to this.

He said migrant workers contributed greatly to the economic and social development of their countries of residence.  Unfortunately they often became targets if the country where they resided entered a socio-political crisis.  His Government reaffirmed its commitment to respecting the rights of migrants and had never strayed from that tradition.  Burkina Faso had made integration and a policy of good neighbourliness one of the cardinal principles of its foreign policy.

He said his Government was pleased with the report of the Secretary-General on migrants and fully endorsed the conclusions and recommendations of the Secretary-General.  He hoped the visit to his country by the Special Rapporteur on migrants, would take place in February 2005.  Globalization had been marked by a great opening up of markets.  In a world where wealth accumulated in the North and poverty in the South, it was vain to prevent people from looking for their daily bread wherever they might find it.  He urged the international community to continue the fight to reduce poverty and inequality.

SIMIONE ROKOLAQA (Fiji) said the independent statutory body –- the Fiji Human Rights Commission –- had been established in 1997 to play a leading role in protection and promotion of human rights in his country.  The Commission had been specifically mandated to educate the public about human rights, to make recommendations to the Government on matters related to human rights and to perform such other functions as conferred upon it by Parliament.  The 1999 Fiji Human Rights Commission Act had empowered that body to investigate allegations of human rights violations and to investigate unfair discrimination in employment.

The Constitution provided for freedom of religion, he added, and one of its main aims had been to achieve equality for opportunity for all the races and peoples of the Fiji islands.  One chapter had been devoted to social justice, which had, in practice, been translated into the 2004 Social Justice Bill.  That legislation required Parliament to provide equal access to services such as education and training, land, housing, trade and participation in decision-making to all groups.

Fiji had made significant progress in the last decade in terms of respect for the rights of disabled persons, he added.  Disability had been prohibited as grounds for discrimination in employment, housing, land and education, among other areas.  Persons with disabilities had also been identified as one of four targets of the national equal employment opportunity policy, and the 2001 Social Justice Act had prescribed two specific affirmative action programmes for persons with disabilities, including for improvement of their educational opportunities and their care and rehabilitation.

Concluding, he expressed concern about the situation of human rights in Darfur, the Sudan.  Fiji condemned the atrocities perpetrated upon the weak, particularly women and children, and supported efforts to find an amicable solution to the crisis.

MU’TAZ HYASSAT (Jordan) said his delegation was deeply concerned about the dire situation in the occupied Palestinian territories caused by the violations of human rights and international law by the Israeli Government.  The obligation of Israel to abide by international humanitarian law and human rights law in the Palestinian territories had been well established in numerous decisions by international, interregional and regional human rights bodies and courts.  Israel’s argument that its actions were to be measured only against the rules of international humanitarian law was unacceptable.  The International court of Justice had reemphasized this conclusion in its advisory opinion on the legal consequences of the construction of a wall in the occupied Palestinian territory.

Jordan called on the Israeli Government to fulfil its obligations with respect to the Palestinian people in accordance with international law, he said. Bringing an end to such violations would create the right conditions for the parties concerned to achieve a just, comprehensive and lasting peace in accordance with the Road Map and other relevant United Nations resolutions and agreements.

AMARE TEKLE, Diplomatic and Foreign Affairs Advisor in the Office of the President of Eritrea, recalled that the people of his country had been denied the exercise of their right to self-determination just two years after the adoption of the Universal Declaration of Human Rights.  To exercise that right, the people of Eritrea had fought a bitter war of liberation for 30 years -- a war in which the noblest principles of the Declaration had been massively and systematically violated with brutal efficiency while the world remained silent.  Nothing could convince the people of his country that the enjoyment, promotion, protection and consolidation of human rights could be guaranteed in anything less than a sovereign and independent State, free of external impositions and restrictions.

The Eritrean people, he added, had been additionally disheartened by current efforts on the part of some member of the international community to find a means of circumventing the country’s sovereignty and its rights to determine its internal and external political status.  All nations had the right to determine their destiny in development and cooperation; none could choose their friends for them, nor their development partners.

The people of the Horn of Africa had suffered an untold hardship due to the scourge of war in the past century, he added.  They must no longer be exposed to war, hunger and pestilence.  The respective governments of the region had a responsibility to ensure realization of the rights of life, peace and development, as well as respect for the rule of law and other principles of the Charter of the United Nations.  The Government of Eritrea had made eradication of poverty and access to health care and education facilities the urgent priorities of national, economic, social and cultural development initiatives and had taken steps to integrate the Millennium Development Goals.

On terrorism, he noted that all nations big and small had become vulnerable to the scourge.  Terrorism could be perpetrated by mercenaries acting on the behest of States, as the recent experience of his country showed.  Mercenaries from many lands, recruited, trained and financed by the security force of two States, had infiltrated Eritrea in recent months and had attempted to assassinate the President and to terrorize the population.

CELESTINO MIGLIORE, Observer of the Holy See, said religious freedom must be considered a positive value and should not be manipulated or seen as a threat to peaceful coexistence and mutual tolerance.  Religious leaders had a special responsibility in dispelling any misuse or misrepresentation of religious beliefs and freedom.  Similarly, public authorities, legislators, judges and administrators carried a grave responsibility to favour peaceful coexistence between religious groups.

He said that in the age of globalization new forms of religious intolerance had emerged.  What was being challenged, in effect, was the right of religious communities to participate in public, democratic debate in the way other social forces were allowed.  He said attempts to secularize or interfere in the internal affairs of religious institutions undermined their raison d’être and the very fabric of society.  The recognition of the primacy of the individual conscience was basic to the dignity of the human person.

FLORENCE CHENOWETH, Director of the Food and Agriculture Organization’s New York Liaison Office, recalled that the Intergovernmental Working Group on the Right to Adequate Food had been established to develop voluntary guidelines to support Member States’ efforts to achieve progress realization of the right to adequate food in the context of national food security.  The Intergovernmental Working Group had met several times during the period March 2003 to September 2004, she said, and had adopted the Voluntary Guidelines at its fourth and final session in September 2004.  Those Guidelines had been submitted to the thirtieth session of the Committee on World Food Security for endorsement and transmission to the Food and Agriculture Organization (FAO) Council.  There had been widespread participation during the process of elaborating the Guidelines, with approximately 200 delegates from 90 Member States and representatives of United Nations bodies, including the High Commissioner for Human Rights, the Special Rapporteur on the right to food, the World Food Programme, International Fund for Agricultural Development and representatives of civil society.

Among the FAO initiatives to eradicate world hunger, she cited the observance of World Food Day on 18 October, which had taken the theme:  “Biodiversity for Food Security”.  Conserving biodiversity for agriculture would require effort on many fronts, including measures to preserve the environment, improve education and increase research and government support.  To that end, the FAO would continue to count on collaboration with its partners, including other international organizations, research, trade and policy institutes, grass-roots community groups and consumers.

Statements in Exercise of Right of Reply

The representative of China, responding to the statement made by the United States delegation, said the United States had assumed the stance of a judge in human rights without addressing the question of human rights in its own country. If the United States truly wanted to contribute to the defence of human rights, her delegation would advise it to exhibit less arrogance and to engage in more communication exchanges, and to be less confrontational and engage in more constructive cooperation.

Regarding the death sentence issue raised by the representative of the European Union, she said the question of whether to abolish the death penalty should not be separated from a country’s historical traditions.

Speaking in exercise of the right of reply, the representative of Belarus said his country shared the position adopted by China regarding the statements of certain delegations, including the United States and the Netherlands on behalf of the European Union, concerning the observation and development of international obligations on human rights.  Modern complexity made it impossible to compare all to the same measure, and to approach all aspects of the question on the basis of economic strength.  It was impossible to expect that respect for human rights would prompt the same behaviour from all States.  Any attempt to limit sovereignty, or to distort facts, could not be permitted.  It would not provide the basis for successful implementation of human rights and respect for the sovereignty and equality of States.  From that standpoint, he wished to thank China and those other States, which had approached the issue with understanding and from the standpoint of the equality of States.  The question of the referendum and elections in Belarus could not be used to justify the adoption of a resolution on the observation of human rights in his State.

The representative of Japan, in response to the statement made by the Democratic People’s Republic of Korea (DPRK) delegation, requested that the DPRK also take sincere measures to resolve outstanding issues between the two countries.

Also speaking in exercise of the right of reply, the representative of the United States noted that several delegations had levelled accusations against her country this afternoon.  She did not wish to make a detailed statement at this juncture, but would only reply that the record and facts would speak for themselves.

In a second statement in exercise of the right of reply, the representative of Belarus said his delegation wished to express its categorical disagreement with the statements made by the United States and the Netherlands on behalf of the European Union.  They had neither moral nor factual basis.  The National Assembly elections and the referendum had shown the determination of the people of Belarus to establish democratic institutions.  The Government had taken all necessary measures to ensure the democratic and open holding of the elections and referendum, which had been observed by representatives of the Commonwealth of Independent States and other international organizations, as well as more than 50 countries.

In light of the disappointment expressed by the United States, he wished to draw attention to fact that, during a 2004 mission headed by a member of the American administration, inadequacies in the American electoral system and the absence of equality of electoral conditions throughout the country had been raised.  The use of electronic voting machines had led to duplications, and to the ruling out of certain voters, especially minorities.  The American presidential elections had led his country to develop its own conclusions about the irreproachability of the United States elections.  Belarus reserved the right to give objective information to the Third Committee about the observance of human rights in the country.

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