RIGHT TO DEVELOPMENT MUST BE GIVEN SPECIAL ATTENTION, THIRD COMMITTEE TOLD, AS DEBATE ON HUMAN RIGHTS CONTINUES

Fifty-ninth General Assembly

Third Committee

32^nd & 33^rd Meetings (AM & PM)

RIGHT TO DEVELOPMENT MUST BE GIVEN SPECIAL ATTENTION, THIRD COMMITTEE TOLD,

AS DEBATE ON HUMAN RIGHTS CONTINUES

Interdependence of Economic, Social, Cultural Rights with Civil,

Political Rights Stressed; Respect for All Human Rights Essential for Development

The right to development is a fundamental human right that must be accorded special attention in the implementation of human rights protections, delegates today told the Third Committee (Social, Humanitarian and Cultural) as it continued its general discussion of human rights questions.

The representative of Cameroon said the interdependence between development and respect for human rights had been internationally reaffirmed.  The recognition of the interdependence of economic, social and cultural rights with political and civil rights had led to an increasing awareness that respect for all human rights constituted a prerequisite for international development.  However, he noted, destitution and poverty continued to jeopardize peace and security.  There was an urgent need to redress the inequalities that had emerged with globalization.

The representative of Iran said market-based globalization tended to further marginalize developing countries by favouring those countries with a higher stock of assets.  The opportunities proffered by globalization had been restricted to developed countries and had not resulted in further economic growth for poor countries to enable them to enjoy the right to development.  He said realization of the right to development required responsibility and accountability on the part of all to create a fair and conducive international economic environment.  International cooperation for development must provide a transparent and non-discriminatory environment to promote universal access and equity in the distribution of the benefits of development.

Human rights could not be guaranteed in an environment of abject poverty, said the representative of Zimbabwe.  While the international community had grappled with the question of eradicating poverty, that goal would never be recognized unless the right to development was guaranteed.  Many developing countries, especially in Africa, had struggled for independence and then realized that freedom did not count for much unless it was accompanied by access to the natural resources necessary for development.

The representative of Mongolia emphasized the urgency of the alleviation of poverty to ensure the right to food.  He said in Mongolia, poverty remained widespread, with about one-third of the population living in poverty and many others were close to the poverty line.  Hunger was not due to a lack of food supply, but rather to the inadequate purchasing power of poor people.  The human right to food required that measures be taken to increase the food access for the poor through direct or indirect means.

Given the abject poverty witnessed in Africa, Asia and Latin America, fulfilling the right to development, as the parent to other economic, social and cultural rights, remained crucial, said the representative of Algeria.  He noted that while the promotion of civil and political rights had gradually improved, the situation of economic, social and cultural rights had not and had even regressed somewhat.

The representative of Thailand said that as a developing country, Thailand had strongly advocated that national and international efforts to promote civil and political rights must not lose sight of economic, social and cultural rights, as well as the right to development.  In order for all of these rights to be effectively realized, the promotion of human rights and socio-economic development must go hand in hand as they were interlinked, interdependent and mutually reinforcing.

The representative of Haiti said that extreme poverty was among the key challenges facing the international community.  Poverty prevented the full enjoyment of human rights, presenting significant obstacles to achieving the Millennium Development Goals and posing a significant threat to the stability of societies.  His Government therefore welcomed the efforts of the High Commissioner for Human Rights to define the framework for the implementation of the right to development.

Also addressing the Third Committee today were the representatives of Nepal, New Zealand, Australia, Libya, Iceland, Mali, Ukraine, Canada, Ecuador, Peru, Turkmenistan, Viet Nam, Russian Federation, Sudan, and Serbia and Montenegro.

The Committee also heard statements from the representatives of the International Development Law Organization, the International Organization for Migration, the Inter-Parliamentary Union, the International Committee of the Red Cross and the International Federation the Red Cross, and the Red Crescent Society.

Exercising their right of reply following the general discussion, the representatives of Mali, China, Nigeria, Cote d’Ivoire and the Democratic People’s Republic of Korea made additional statements.

Also today, the representative of Argentina introduced a draft resolution on the rights of the child, and the representative of Cuba introduced a draft resolution on the Second International Decade of the World’s Indigenous People.

The Third Committee will reconvene at 9:30 a.m. on Tuesday, 2 November, to conclude its general discussion of human rights questions.

Background

The Third Committee (Social, Humanitarian and Cultural) met today to continue its consideration of human rights questions.  For additional background information, please see Press Release GA/SHC/3792 of 26 October, as well as Press Releases GA/SHC/3793, GA/SHC/3794 and GA/SHC/3795, of 27, 28 and 29 October, respectively.

Statements on Human Rights

MOHAMED ABDELSATTAR EL-BADRI (Egypt) said his country had taken measures to promote and protect human rights, which remained important to ensuring economic, social and political development.  Thus, a National Council on human rights had been established by Parliament, and had entered into force on 1 January 2004.  The Council served as the primary, independent organ on human rights issues nationally and was chaired by former United Nations Secretary-General Boutros Boutros-Ghali.  Among its mandated duties, the Council had been tasked to sensitize the population on the importance of human rights and to ensure their effective enjoyment.  In that regard, it had adopted a national action plan and had laid out measures for its implementation.

The Council, he added, had also been mandates to make proposals and recommendations to stakeholders on all human rights concerns transmitted to it by relevant parties and to ensure follow-up on to legal procedures on charges and complaints received by the Council.  It had been tasked to ensure implementation of international human rights conventions and to facilitate close cooperation with international human rights stakeholders.  It had also been mandated to elaborate annual reports on the situation of human rights in Egypt and on its own activities.

Egypt remained fully convinced that protection and promotion of human rights remained the primary responsibility of Member States, he concluded, but maintained that human rights could only be effectively ensured by the cooperation of all.  The international responsibility to promote and protect human rights was no less than that of individual States.  All individuals had the right to their own religious and/or cultural identity.  None could impose modes of behaviour or thought upon peoples or populations, but should instead consecrate those identities.

PUREVJAV GANSUKH (Mongolia) said that given the progress achieved in the field of human rights the challenge now was to build on this progress and to reflect on future actions.  The international community must intensify efforts to strengthen the rule of law and promote democracy at both national and international levels.  While the United Nations had been at the centre of the promotion and protection of human rights, it was primarily the responsibility of each and every State.  Support and assistance on the part of the international community for building strong human rights institutions at the country level was therefore of particular importance in ensuring the sustained protection of human rights.

He emphasized the urgency of the alleviation of poverty to ensure the right to food.  Human rights were being violated throughout the world because of poverty, armed conflicts, terrorism and bad governance.  Poverty remained widespread in Mongolia, with about one-third of the population living in poverty, and many others were close to the poverty line.  Hunger was not due to a lack of food supply, but rather to an inadequate purchasing power of poor people.  The human right to food required that measures be taken to increase the food access for the poor through direct or indirect means.

PRADIP NEPAL (Nepal) highlighted recent developments in the promotion and protection of human rights in Nepal.  His Government had approved a three-year National Human Rights Action Plan, which sought to strengthen the civil and political rights and economic, social, and cultural rights of its people.  Included in the action plan were measures for prison reform, administration of justice, legal reform and institutional strengthening.  Nepal had also established a Human Rights Promotion Centre at the Office of the Prime Minister and the Council of Minister to coordinate the activities of the various agencies of the Government in the field of human rights.

He said Nepal was a member of the Human Rights Commission and was working closely with the international community to promote respect for human rights around the world.  His Government was negotiating a Memorandum of Understanding with the Office of the United Nations High Commissioner for Human Rights to provide technical assistance for capacity strengthening of the national human rights commission of Nepal.  It had also welcomed visits from Special Rapporteurs on human rights and had extended invitations to several others.  Nepal had met its reporting obligations to the various treaty bodies under the international human rights instruments.

He added that Nepal was fully committed to protecting and promoting the human rights of its people while combating terrorist attacks by the Maoists.  Nepal believed that cooperation and capacity-building rather than confrontation and censure would help ensure the respect for human rights in countries facing situations of fragile transition and conflict.

TIM MCIVOR (New Zealand) said his country remained deeply concerned by the human rights situations in the Sudan, where the Government had elected to use a widespread and systematic campaign of murder, torture, rape, looting and burning of homes and crops to terrorize and forcibly displace civilians in the western province of Darfur.  The Government must disarm the “Janjaweed” militias and bring the perpetrators of crime to justice.  Also of concern were the human rights situations in northern Uganda, Zimbabwe, Central African Republic, Chad, Cote d’Ivoire and Equatorial Guinea.  However, the improved situations in Angola, Mozambique, Sierra Leone, Liberia and Somalia were welcomed.

In Iraq, ongoing violence posed a severe threat to the holding of free and fair elections, he noted.  In Afghanistan, the recent elections had constituted a milestone in progress towards peace and democracy, but much remained to be done in leading-up to the 2005 parliamentary elections.  In Israel and the occupied territories, innocent civilians continued to fall victim.  And in a number of other Middle Eastern countries, respect for human rights -- including the rights of women, religious and ethnic minorities and the rights of political expression and choice –- remained of concern.  Iran should begin a constructive international dialogue on substantive human rights issues.

Also of concern were the human rights situations in the Democratic People’s Republic of Korea, he said, where human rights violations –- including unlawful execution, torture and forced labour -– remained a feature of life.  In Myanmar, there continued to be reports of systematic and pervasive human rights violations against women, ethnic and religious minorities, and of forced labour and poor prison conditions.  He also expressed concern about the human rights situation in China, Indonesia, Turkmenistan, and in Chechnya and Ingushetia.

The international community’s energy was too often spent on backward-looking processes of questioning and defending internationally-agreed norms, he stressed.  The international community must return to the basics of human rights, including through universal ratification, implementation and monitoring of the core human rights treaties.  Human rights must be accepted as universal, indivisible, interrelated and interdependent.  The principle of non-discrimination must be applied to all human beings. Finally, violations of human rights must be recognized as a significant source, as well as outcome, of international, regional and civil conflict.

JOHN TIERNEY (Australia) said it was deeply regrettable that, after years of effort to promote human rights, not one region of the world was free from serious violations of human rights.  His country would continue to speak out against the treatment of those that did not enjoy the protection of robust democracy, good governance, free press, a strong civil society and the basic protections laid out in international human rights covenants.  Today, he intended to draw attention to situations of great concern, acknowledge progress where it had been made and draw particular attention to the plight of women, children and minorities.

Among those situations, in which respect for human rights had improved, he cited Iraq, where efforts had been expended to build a modern, representative democracy based on respect for human rights.  China had increasingly recognized the need to improve its human rights practices and was urged to press ahead with planned legal and administrative reforms.  Additionally, the steps taken to end the conflict in the Democratic Republic of the Congo were welcomed; however, the massacre of more than 150 Congolese refugees in Burundi had horrified Australia.  The Government of the Democratic Republic of the Congo and the rebel groups must work to prevent violence against civilians and take immediate action to ensure lasting peace and stability.

Among situations of particular concern, he noted the lack of progress on human rights in Myanmar, as well as the systematic campaign of human rights abuses carried out by the Mugabe regime in Zimbabwe.  In Darfur, Sudan, the world had seen horrific atrocities; the Government must comply with international obligations and disarm the militias.  The situations in the Democratic People’s Republic of Korea, Iran, Indonesia and northern Uganda also continued to be of concern.  Moreover, the continued violence and loss of life in the Middle East must be brought to an end.  Israel and the Palestinian Authority were urged to implement the Road Map to Middle East peace.  Israel’s proposed withdrawal from Gaza and parts of the West Bank must be consistent with the Road Map and give impetus to the peace process.

AHMED GZILAL (Libya) said conferences and international instruments had reaffirmed the importance of protecting and promoting human rights.  The Vienna conference in 1993 was the culmination of international efforts and reaffirmed the commitment of States to promote and protect those rights.  Libya was a party to the main human rights instruments, which were a cornerstone of the international system for the promotion and protection of human rights.  His country was working on the implementation of those rights at national and international levels.  Libya believed respect for human dignity was the basis for the advancement of people.  That respect should extend to the protection of the right to movement, residence and work for all people and the right to citizenship, property, health, and housing, among other fundamental rights.

He said that, in spite of the increasing awareness of these rights, there were still gross violations of human rights, including genocide of those under foreign occupation.  He called on the international community to take a firm stand to protect human rights in the occupied Palestinian territories, where innocent civilians, including women and children were being killed by the occupying forces on a regular basis.

Furthermore, he added, the right to development must be given the necessary attention.  The necessary commitment to implement that right was still lacking.  Human rights meant getting rid of hunger, poverty and disease.  He deplored the use human rights as a political issue and the use of human rights as a means of achieving political and economic aims.  Libya hoped the international community would collaborate in neutrality so that the promotion and protection of human rights would continue to be a purely humanitarian effort that would contribute to the consolidation of international peace and security.

HJALMAR W. HANNESSON (Iceland) acknowledged that terrorists were responsible for many of the worst human rights abuses in the world today, and that States had both the right and the duty to secure the right to life and other rights through effective counter-terrorism action.  However, the United Nations’ framework of international conventions on protection of human rights must be upheld.  In prosecuting the fight against terrorism, the international community must not compromise its international human rights obligations.

In the long run, commitment to human rights and the rule of law would remain key to countering terrorism, he added.  Welcoming the Secretary-General’s report, as well as the continued dialogue between the Office for the High Commissioner of Human Rights and the Counter-Terrorism Committee, he also welcomed the appointment of an independent expert on protection of human rights and fundamental freedoms while countering terrorism.

Additionally, he wished to express continued concern over signs of growing religious intolerance, not least regarding terrorism.  The United Nations system had a crucial role to play in checking and reversing this dangerous trend, and the report of the Special Rapporteur on freedom of religion or belief was welcomed in that regard.  Her next report, which would provide a more general assessment of religious intolerance, was anticipated.

ISSA KONFOUROU (Mali) recalled the 1948 adoption of the Universal Declaration on Human Rights in 1948, and deplored that, nearly 56 years later, those rights continued to be flouted throughout the world.  As stressed by the High Commissioner for Human Rights, it was now time to move beyond the era of elaborating human rights standards, to an era of implementation.  For its part, Mali had, since independence, prioritized the maintenance of a society that respected the rule of law, equality and human dignity.  The rights of all citizens to equality before the law had been affirmed by successive national constitutions.

Among national efforts, Mali had established a National Advisory Commission on human rights, he said, with the aim of promoting and popularizing human rights.  A Mediator had been created to serve as an independent authority for the processing of claims by any public service body.  Moreover, the National Committee on equal access to the State media ensured the balance of information, while taking into account particular economic, social and cultural traditions.

However, the most original of Mali’s contributions on human rights was the Forum for Political Claims, which had been established in 1994, he continued.  Each year, individual complaints about State infringements on human rights were accepted.  The Forum ruled on the admissibility of individual complaints, which were then distributed to relevant State departments.  The complainants had the right to present their complaints, and members of Government could respond.  A jury then made recommendations, and follow-up was ensured.

He also reaffirmed the national commitment to freedom of opinion, religion, association, the free press and the right to vote.  Mali now had more than 30 private newspapers and 150 radio stations.  Each individual’s right to a fair trial had been reaffirmed.  Moreover, consonant with the national will to observe human rights obligations, nearly all international human rights instruments had been ratified.  Effective implementation hinged on strengthened regional and international cooperation.

MARKIYAN KULYK (Ukraine) said violence against national, ethnic, racial or religious groups continued to occur in many parts of the world.  United Nations human rights mechanisms must therefore continue to reveal patterns of human rights violations.  Impartial investigations into all allegations of human rights violations, and following up their findings were essential.  There was a need to move away from selectivity and partial approaches and to establish an open dialogue between human rights mechanisms and Member States.  International and national efforts must be strengthened to prevent human rights violations and their outgrowing into armed conflicts.  Ukraine supported the efforts of the Secretary-General and the Office of the United Nations High Commissioner for Human Rights to modernize the human rights machinery, as well as the consolidation of all United Nations system efforts to advance human rights protection at the country level.

He said Ukraine was fully committed to strengthening national institutions aimed at guaranteeing democracy and the rule of law and respect for human rights.  An important mechanism for protection of human rights and freedoms, stipulated by the Constitution of Ukraine, was the right of every citizen to appeal to respective international judicial institutions or respective bodies of international organizations to protect their rights and freedoms.  Ukraine had elaborated new laws and established national monitoring mechanisms to ensure adequate implementation of the legislation.  He said yesterday’s free and transparent presidential election in Ukraine was another manifestation of his country’s adherence to the highest democratic values and standards.

GILBERT LAURIN (Canada) highlighted areas of human rights where implementation had fallen short of obligations, namely the physical integrity of the person, political and democratic rights, the protection of minorities, the protection of civilians during conflict, and impunity.  He said the physical integrity of the person was threatened or under attack in Turkmenistan, Nepal, the Democratic Peoples’ Republic of Korea, Belarus, Eritrea, Saudi Arabia, Nigeria, Burundi, and Chechnya.  He deplored the use of torture, arbitrary arrest, detention, extrajudicial killings and enforced disappearances in these countries.  He said human rights abuses were common occurrences in many places, partly because of the impossibility to exercise political and democratic rights and freedoms, and in particular freedom of expression.  Where there was no freedom of expression, it was impossible to address and report human rights abuses.  He said political freedoms were being violated in Iran, Zimbabwe, Cuba, Viet Nam, China and Burma.

The protection of minority rights, he continued, was of concern throughout the Western Balkans.  Also of great concern were the human rights violations of civilians in situations of conflict, such as those in the Democratic Republic of the Congo, Uganda, the occupied Palestinian territories, and Darfur, Sudan.  In its efforts to enforce its security, Israel should not resort to disproportionate force and must prevent non-combatant civilian casualties.  In the Sudan, all parties to conflicts must ensure that the protection of human rights was integral to any peace settlement.

He said human rights violations would continue wherever the violators of human rights benefited from impunity.  States must therefore prosecute human rights abusers to show their commitment to the protection of human rights.  Canada remained concerned about the impunity of human rights violations in Afghanistan, the Ivory Coast, Iran, Liberia, Sierra Leone, Colombia and Indonesia.

He added that Canada was not beyond accountability for its domestic human rights record and had received the visit of the United Nations Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people.  Canada recognized its responsibility to fully promote and protect the human rights of its citizens and would continue to cooperate with other States and with multilateral institutions to promote and protect human rights internationally.

ABDELOUAHAB OSMANE (Algeria) said the importance placed upon human rights and fundamental freedoms had become one of the key developments recently in international relations.  Human rights now figured high on the agenda of the United Nations and the international community.  While none denied the universality of human rights, it had been internationally accepted that this did not mean uniformity.  Cultural and societal specificities could not be overlooked, and cooperation on human rights must be couched in honest and authentic partnership, based on equality and devoid of hegemony.  The promotion of civil and political rights had gradually improved, yet the situation of economic, social and cultural rights had not, he noted, and had even regressed somewhat.  Given the abject poverty witnessed in Africa, Asia and Latin America, fulfilling the right to development, as the parent to other economic, social and cultural rights, remained crucial.

Algeria had held pluralist, transparent presidential elections in April 2004, he noted, which had been preceded by a lively, open campaign.  The election had acquainted Algerians with the national political agenda and with democratic values and principles.  Moreover, the justice sector reform, begun two years ago, had continued.  Respect for human rights, fundamental freedoms and collective duties had been augmented nationally, and political pluralism, civil society, active political movements and the freedoms of expression and press now constituted a part of everyday life.

Algeria set great store by human rights and fundamental freedoms, he concluded, as signified by its accession to international human rights covenants.  For example, the Government had recently ratified the 1952 Convention on the Political Rights of Women, reformed its Family Code and looked forward to ratification of the Convention on the Elimination of All Forms of Discrimination against Women.  The promotion and protection of all human rights remained an area of shared responsibility; given the universality of the Organization, all should share in the moral duty to serve and protect human rights in all circumstances, free from conditionality and paternalistic approaches.

BONIFACE G. CHIDYAUSIKU (Zimbabwe) reiterated that human rights could not be guaranteed in an environment of abject poverty.  Thus, while the international community had grappled with the question of eradicating poverty, that goal would never be recognized unless the right to development was guaranteed.  Many developing countries, especially in Africa, had struggled for independence, and then realized that freedom did not count for much, unless it was accompanied by access to the natural resources necessary for development.  Human rights remained indivisible, and the tendency of some Member States to subordinate one set of human rights to another was regrettable.

Double standards and selective application of human rights standards and norms could only destroy the spirit of cooperation essential to promotion and protection of human rights, he said.  On many occasions, selectivity had been witnessed at the Commission on Human Rights and in the work of the Third Committee, particularly in relation to the practice of “naming and shaming” certain States to settle political scores.  This practice made the United Nations appear as an extension of the foreign policies of specific MemberStates or groups of States.  No single country’s record was without blemish, and picking and choosing specific countries to condemn was not helpful.  The condescending approach applied toward target countries was always counterproductive.  Furthermore, Member States should not use the fight against terrorism to deny individuals or groups their fundamental rights.  The international community must ensure compliance with obligations under international law.

Since achieving independence in 1980, he concluded, Zimbabwe had begun a march toward economic independence and social justice.  The recently completed land reform programme had repossessed land from a minority that had controlled the lion’s share of fertile land.  To those familiar with the tactics of Zimbabwe’s erstwhile colonizers, the allegations made by the United States and the European Union would come of no surprise.  Those countries had been concerned to protect the privileged rights of a tiny minority, which had illegally obtained those rights in the first place.  Those self-appointed global protectors had deemed the African majority in Zimbabwe incapable to rule. Their hope was to make the black majority in Zimbabwe as marginalized as black Americans.  The criminal hypocrisy of the American Government, responsible for grave human rights abuses at Abu Ghraib, Guantanamo Bay and other prison camps, and the silence of the European Union when faced with the human rights violations perpetrated by one of its members were of grave concern.

LUIS GALLEGOS (Ecuador) said his country was especially concerned about the issue of international migration.  The migration of people to industrialized centres in search of employment had been met in certain countries with restrictive and unfair policies based on xenophobic concepts.  He said the transnational nature of this issue required the cooperation between countries of origin and countries of destination.  Thousands had migrated from his country, as a result of a grave economic crisis.  Many died every year on their way to destinations that they believed would offer better living conditions.  Migrants had also faced adverse situations caused by political restrictions and hostile attitudes caused by social intolerance and xenophobia.  He called on States to recognize the positive and fruitful aspects of migration.

He then turned to concerns about the human rights of persons with disabilities, a group that was particularly vulnerable and required special attention.  He called on all governments to persist in their efforts to ensure that the convention on the rights of disabled people entered into force.  No society could be truly integrated if it continued to exclude persons with disabilities.

IYA TIDJANI (Cameroon) said the 1948 adoption of the Universal Declaration of Human Rights had aimed to avert war, recognizing human rights violations as one of the major causes of conflict.  The same values espoused in the Declaration had been reiterated in the Millennium Declaration.  Yet, despite the international community’s activities to advance and protect human rights, the situation of human rights worldwide continued to be of concern.  There was continued bloody conflict and horrific violations of human rights, mostly due to rising religious fundamentalism, exacerbating racial and religious discrimination and terrorism.

On terrorism, he stressed that the time had come to act together in a coordinated and concerted manner to eradicate that scourge.  There was a need to increase both the effectiveness of the international fight against terrorism and to conduct it in conformity with international human rights standards.  To that end, he recalled the statement of the President of Cameroon at the General Assembly’s general debate, which had, among other recommendations, proposed establishing a post of an international observer of ethics within the Secretariat to promote universally recognized values within and among nations.

Destitution and poverty continued to jeopardize peace and security, he affirmed.  Development remained a concept transcending traditional ideas of growth and progress; the interdependence between development and respect for human rights had been internationally reaffirmed.  Moreover, recognition of the interdependence of economic, social and cultural rights with political and civil rights had led to the recognition that respect for all human rights constituted a prerequisite for international development.  The inequality, which had emerged with globalization, must be redressed; human rights must be backed by strengthened international cooperation and solidarity.

His own country had acceded to most international legal instruments and had universalized human rights into its primary, secondary and higher education and into training for the armed forces, he said.  Cameroon remained dedicated to promoting peace and stability at the national, regional and international levels and requested the international community to assist Nigeria and itself in implementing the International Court of Justice’s ruling on their shared border.

In exercise of the right to reply, the representative of Mali said his Government noted the consultations that were held between his Government and the European Union on the death penalty.  He said he wished to inform the Committee that the Government of Mali recognized that capital punishment constituted part of its legal instrumentation and had been enforced.  However, the new penal code no longer used the death penalty for acts against public property.  Moreover, there was a draft law that had laid down a moratorium on capital punishment for a two-year period.

Introduction of Draft Resolutions

At the outset of the afternoon meeting, the representative of Argentina introduced a draft on Rights of the child (document A/C.3/59/L.29), stating that the text sought to bring together various aspects related to the rights of the child and childhood.  The co-sponsors had attempted to synthesize a more flexible text, and had incorporated novel ideas therein.  Among new suggestions, it had been proposed to focus next year’s general discussion on the rights of the child on a specific subject.  The extension of an invitation to the Chair of the Committee on the Rights of the Child to address the Third Committee next year had also been proposed.

Introducing a draft on the Second International Decade of the World’s Indigenous People (document A/C.3/59/L.30), the representative of Cuba said a number of serious advances had been made throughout the first International Decade, but efforts must be redoubled fully to recognize the rights of indigenous people.  The aim of the second International Decade would be to resolve various problems faced by indigenous people through specific action focused upon specific problems, including through increased technical assistance.  It was also hoped that the text would appeal to all stakeholders to ensure the successful completion of the Working Group’s mandate by extending it, in order to enable the adoption of a final United Nations declaration on the rights of indigenous people.

Statements on Human Rights

MARCO BALAREZO (Peru) said Peru’s relationship with human rights was marked by the bitter experiences of the last two decades.  The violence that marked his country between 1998 and 2000 had aggravated poverty and marginalization, and geographic and social disparity.  The people of Peru had learned that respect for human rights did not stand in way of the fight against terrorism.

He said various sectors of the State and of civil society had constructed or reconstructed institutions and followed a sustained growth that had brought stability to the country.  There had also been important advances to combat corruption and impunity and to modernize the judiciary.  The outcome of such developments had been that human rights had prevailed and a new stage opened up in the area of human rights.  Peru supported all initiatives that sought to support and broaden the scope of human rights protection worldwide.

Turning to the question of development, he said extreme poverty was a problem that had afflicted the society of Peru and was a problem that continued to grow.  To combat poverty and to reduce social inequalities required the issue to be addressed in greater detail and depth within the United Nations.  Extreme poverty and social exclusion were a violation of human dignity.

ESEN M. AYDOGODYEV (Turkmenistan) said his country had made significant advances to strengthen the political system, economic development and social well-being in the 13 years since independence.  Among other progress, the exit visa requirement temporarily introduced last year had been abolished, allowing citizens full freedom of movement.  A decree ensuring religious freedom had also been signed, which permitted the registration of religious organizations and groups throughout Turkmenistan.  At present, 155 religious organizations and groups had officially registered.  Moreover, the law on abolishing criminal liability for violations of legislation on religious organizations ensured effective realization of the right to freedom of belief and maintained international standards on freedom of conscience.

Several conscientious objectors had been released from prison, he added, and the country was in process of elaborating alternative service options for such objectors.  During its current session, the Parliament would also consider draft legislation to decriminalize unregistered activities of public association.

Turkmenistan had engaged actively with various international bodies on human rights, he said, including the Office of the High Commissioner for Human Rights, Organization for Security and Cooperation in Europe (OSCE), International Committee of the Red Cross (ICRC) and others.  On Turkmenistan’s initiative, a group of experts from the Office of the United Nations High Commissioner for Human Rights had visited the country on a technical assistance mission.  The country had also been visited by senior officials and delegations from the United Nations, the OSCE, European Union and other international organizations in the past two years.  Pledges had been made to allow foreign diplomats and representatives the International Committee of the Red Cross (ICRC) and other international organizations access to persons serving sentences in prison, with the exception of those sentenced for terrorism.

The country had also continued to prepare for its reporting obligations under the Conventions on the Elimination of All Forms of Racial Discrimination, Rights of the Child and Elimination of All Forms of Discrimination against Women, he said.  His Government remained committed to fulfilling its international treaty obligations in the human rights field -- tabling yet another draft resolution on the human rights situation in Turkmenistan would not positively impact this process.

PHAM THI KIM ANH (Viet Nam) said it was frustrating that even fundamental human rights, such as the right to food, in many developing countries were still being denied, that women and children were subjected to violence and trafficking, that innocent civilians were killed by daily bombings, and that human dignity was deprived by torture and inhuman treatment.  Viet Nam believed that human rights could be truly promoted only when each nation and the international community treated them in the same manner at home and abroad, with due regard to the principles of objectivity, impartiality and the legitimate right of each nation to choose its own political, economic and social system.

During the past yeas, the Government of Viet Nam had done its utmost to build a legal system that would ensure and safeguard the human rights of every Vietnamese.  This had included efforts to incorporate the essence of international legal instruments into its domestic laws.  Viet Nam was a multi-ethnic and multi-religion country, and the Government had pursued a policy of equality, solidarity and mutual assistance among all ethnic groups co-existing in Viet Nam, prohibiting any act of racial discrimination and preserving the identities and norms of all ethnic groups.  Many projects had been initiated for the development of the socio-economic infrastructure of the remote mountainous areas so that the people of ethnic minorities, especially those living in remote or mountainous areas, could enjoy not only equality but also priority support in the areas of education, culture and health.  The Government would not allow or accept any attempt to abuse the rights to freedom of religion and belief to advocate separatist or ill-willed agenda aimed at sowing division among religions.

ANDREY I. DENISOV (Russian Federation) said human rights questions had more and more often been politicized.  While the discussion of human rights should facilitate rapprochement between countries, the present discussion had largely been characterized by double standards that aimed to meet the political ambitions of some.  Human rights had become a divisive issue, which provoked confrontation and division among civilizations.  That situation had been further exacerbated by attempts to focus on individualism and liberal values, without taking into account historical, cultural and religious specificities, nor the diversity of political and economic systems.  The international community must abandon the unilateralist approach to human rights and start acting in solidarity.  Given his country’s efforts to reinstall peace and legal authority in Chechnya, statements such as that heard earlier today only provided a trump card to Chechen terrorists.  It was to be hoped that the new High Commissioner for Human Rights would seek to establish cooperation free from politicization, and thus facilitate an equitable world order.

Terrorism had swept through the world, he noted, raising the question of a general right to protect against terrorism.  His country had emphasized its preparedness to strengthen inter-State cooperation on antiterrorism time and again.  Yet, the prospects of such cooperation most often ran aground on the issue of dividing terrorists between “good” and “bad”.  States bore a collective responsibility to root out terrorism and the terrorist threat.  All members of the international community must meet their responsibility in that regard, including under the regime of compliance with and enhancement of human rights and freedoms.  His country had submitted a human rights and terrorism draft and hoped the initiative would be widely supported.

Finally, he noted that the sixtieth session of the Commission on Human Rights had witnessed increased confrontation.  It was damaging to use that forum to settle bilateral disputes, and the campaign to search for new “offenders” in human rights did not help to remedy the situation.  Above institutional and technical reform, all States, non-governmental organizations and other members of the international community must address their approaches to the current human rights agenda.  Of particular concern was the proliferation of special mechanisms of the Commission and the attendant duplication of mandates.  There should be a moratorium of the establishment of new mechanisms, and a comprehensive analysis of the existing system of treaty bodies and special procedures should be undertaken.

Moreover, while the participation of non-governmental organizations was generally welcomed, there had been cases in which experts of certain committees had drawn upon “alternative reporting” by non-governmental organizations, instead of drawing upon dialogue with States’ delegations, he said.  There had also been cases in which the Office of the High Commissioner had prepared observations with no input at all from the experts.  Such cases seriously compromised the credibility of both the Office and the treaty bodies themselves.

KHUNYING LAXANACHANTORN LAOHAPHAN (Thailand) said sustainable peace and development could not be attained without the effective implementation and realization of human rights and fundamental freedoms of all peoples.  As a developing country, Thailand had strongly advocated that national and international efforts to promote civil and political rights must not lose sight of economic, social and cultural rights, as well as the right to development.  In order for all of these rights to be effectively realized, the promotion of human rights and socio-economic development must go hand in hand as they were interlinked, interdependent and mutually reinforcing.

She said Thailand believed that while States had the primary responsibility to promote and protect human rights in their respective countries, the international community also had a moral obligation to promote and protect human rights worldwide.  The most effective approach for the international community to further the respect for human rights was through a process of dialogue and cooperation aimed at strengthening national capacity.  Thailand therefore welcomed the approach of the recently launched Action 2 initiative of the United Nations that attached priority to strengthening national protection systems.  Her Government could not agree more with the rationale behind this new initiative that respect for human rights must start at home.

For its part, she continued, Thailand had been active both regionally and internationally in promoting a human rights agenda through constructive dialogue and cooperation, including working closely with international civil society.  It had established legal and institutional frameworks to support human rights and had been in favour of supporting specific requests for cooperation with United Nations programmes and activities.  It was committed to supporting the works of human rights defenders operating in her country.  It was determined to strengthen its national protection systems in order to ensure they were in accord with international standards.

OMAR BASHIR MOHAMED MANIS (Sudan) said the report of the Special Rapporteur on the human rights situation in his country had been closely examined.  The conclusion had been that the Special Rapporteur had exceeded his mandate.  He had not provided clear statistical information to substantiate his findings.  Moreover, it was felt that he should focus more specifically on the consequences of the crisis situation.  The Sudan remained committed to protecting human rights and had extended an invitation to the Special Rapporteur because it had nothing to hide.  There had been insufficient time to analyze the Special Rapporteur’s finding, and he felt certain that misleading conclusions had been offered.  The Special Rapporteur had spent only two days in Darfur and, given the size of the region, he was unlikely to be acquainted with the actual situation there.

The Sudan had established a national human rights body to deal with complaints and to monitor implementation of the country’s international human rights obligations, he added. Moreover, an independent committee had been established to investigate the various problems that had afflicted Darfur, as had special tribunals to try those accused of committing crimes there.  The international strategy of attacking his country, which was led by countries that had violated human rights themselves, was an example of the pot calling the kettle black.

The international community continued to focus its attention selectively, he continued.  It did not draw adequate attention to the situations in the occupied Palestinian territories, Iraq and Afghanistan, nor to situations like that at Abu Ghraib.  Why did the international community not pay attention to these problems?  Was there fear of a high political price to be paid?  To Australia, specifically, he said there should be an account of the situation of aborigines in that country.  Or, if the representative was unaware of the grave infringements of the human rights of aborigines, there could be a discussion of the situation of asylum seekers, who had been isolated in the desert and deprived of basic services.  Australia should commit itself fully to respect its international commitments before shedding crocodile tears over the situation of human rights in other nations.

He had also studied the report of the previous Special Rapporteur on extrajudicial, summary or arbitrary executions, he said, and had concluded that she too had exceeded the bounds of her mandate.  For instance, the conflict between the south of the country and the Government had been characterized as an instance of religious discrimination.  However, this clearly contradicted her earlier conclusion that the origin of the conflict was political, not religious.  The report lacked all professional accuracy and did not adhere to customary United Nations procedures.  It lacked statistics and hard evidence.  The report remained void of credibility.  It had been based on hearsay and remained vague and imprecise in nature.  Moreover, it lacked neutrality and clearly attacked the Sudanese Government, using a number of terms to declare that the Government was responsible for the problems witnessed.

The report suggested that the Government had been unable to save any victims in Darfur, he continued, which contradicted the conclusion of the Special Representative of the Secretary-General, who had informed the Security Council to the contrary.  Moreover, a vicious tendency to emphasize the tribal and internecine aspects of the conflict had been seen.  The complex social and ethnic situation of the country was ignored.  The Sudanese Government had acknowledged that there was a problem in Darfur and had demonstrated its commitment to finding a lasting political solution; during the current session, a number of Member States had welcomed efforts in that regard.  He therefore deplored the fact that the Special Rapporteur had not acquitted herself of her task and hoped that the new Rapporteur would be more effective and neutral.

MOSTAFA ALAEI (Iran) said that realization of the right to development required responsibility and accountability on the part of all to create a fair and conducive international economic environment.  Not only did the current international economic order obstruct the economic and social welfare of developing countries, it also exacerbated the poverty and despair that contributed to the emergence of violence and political instability.  Market-based globalization tended to further marginalize developing countries by favouring those countries with a higher stock of assets.  The opportunities proffered by globalization had been restricted to developed countries and had not resulted in further economic growth for poor countries to enable them to enjoy the right to development.

Despite their attempts to liberalize their economies and further integrate into the global economy, he noted that developing countries had not accrued anticipated benefits, nor diminished the gap between rich and poor.  International cooperation for development must provide a transparent and non-discriminatory environment to promote universal access and equity in the distribution of the benefits of development.  Every country’s access to international financial, monetary and trade organizations should be facilitated, and the international economic environment should be made responsive to the needs of the world’s majority.  Good governance for globalization should be encouraged in all international economic and financial decision-making forums.

The right to development hinged largely on fulfilment of Article 4 of the Declaration on the Right to Development, he concluded.  That article held that “as a complement to the efforts of developing countries, effective international cooperation is essential in providing developing countries with appropriate means and facilities to foster their comprehensive development”.  The international community’s obligation to foster implementation of the right to development and the Millennium Development Goals was paramount, yet progress towards the Goals had been too uneven and slow.

YOURI EMMANUEL (Haiti) said that despite the successes achieved in the protection and promotion of human rights, there were important challenges that continued to face the international community.  Extreme poverty still prevented the full enjoyment of human rights.  It presented significant obstacles to achieving the Millennium Development Goals and posed a significant threat to the stability of societies.  His Government therefore welcomed the efforts of the High Commissioner for Human Rights to define the framework for the implementation of the right to development.

He said Haiti had strengthened national institutions working for human rights in his country.  This included the reform of the judicial system and the professionalization of the national police, which had been too politicized in the past.  Combating impunity was also a major priority of his Government.  It believed there should be a reliable mechanism to allow victims recourse to reimbursement.  Measures had been taken to strengthen the police and judiciary in order to more effectively fight corruption.

He said the provisional Government in Haiti had taken very seriously its obligations under the international instruments to which Haiti was party.  In that regard it had opened a Commissariat for Human Rights.  Haiti believed that economic and social rights required as much attention as political and civil rights.  He noted that the recent floods had been major obstacle to the right to jobs, health and education.

NEBOJSA KALUDJEROVIC (Serbia and Montenegro) his country had demonstrated a firm determination to improving the human rights situation and had invested enormous effort to that end.  The country’s accession to the Council of Europe in March had served as proof of progress achieved, and had also provided strong impetus for further change designed to improve the human rights situation and to establish democracy and the rule of law.  Serbia and Montenegro had ratified the European Convention on Human Rights and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.  Other European human rights instruments were pending ratification.  Legislative measures had also been put in place to strengthen the independence of the judiciary and to reform the police and security services.  Ombudsman institutions had become functional in Montenegro and in the Serbian province of Vojvodina.  An Ombudsman law would soon be adopted in Serbia.

Special importance had been attached to minority rights, he added.  The Serbian Council for National Minorities had been established last year, and the electoral law had been amended to abolish the minimal threshold for parties representing national minorities.  The Law on Minorities in Montenegro was in its final stages of elaboration.  A national strategy for the integration of Roma had also been launched in Serbia, and a plan of action on the Roma had been prepared in Montenegro.  Both had four priorities:  education, employment, housing and problems of displaced Roma.  Judicial structures had also been put in place to prosecute war crimes, and further measures for capacity-building would be undertaken.  Trying war crimes before the national courts would help the country to face up to the burden of the past.

Regrettably, he concluded, there continued to be serious concern about the situation of human rights in Kosovo and Metohija.  Every international report on the human rights situation there cited lack of security and freedom of movement, ethnically-motivated attacks, harassment and intimidation and widespread discrimination against the non-Albanian population.  The situation had disintegrated into a brutal explosion of violence in March 2004.  To improve the human rights situation there, his Government had proposed to the Human Rights Committee that the United Nations Interim Administration Mission in Kosovo (UNMIK) submit a report on the implementation of the International Covenant on Civil and Political Rights to the Committee, as Serbia and Montenegro was not in its position to discharge its responsibility as a State party to the treaty.  However, this should in no way be interpreted to imply that Kosovo and Metohija or UNMIK was actually a State party to the Covenant.

WILLIAM LORIS, Director-General of the International Development Law Organization (IDLO), said that in its 21-year history, the IDLO had been a pioneer in promoting the rule of law and improved democratic governance as important elements of the development process.  It offered technical assistance to legislative, regulatory, and judicial bodies in developing and transition economy countries.  The Secretary-General had emphasized the importance of justice and the rule of law as critical elements in the process of rebuilding societies in post-conflict situations.  He had pointed to the need to take a comprehensive approach involving local actors, including prosecutors, defence lawyers, judges and court administrators.  The IDLO had made such an approach central to its mission.

To promote the rule of law, the IDLO was working alongside the United Nations in rebuilding the judiciaries in such places as Afghanistan and Kosovo.  The IDLO viewed the development of strong judiciaries as an essential component of the advancement of human rights underlying societies committed to the rule of law.

SUSANNA CHRISTOFIDES, Liaison Officer for the International Organization for Migration (IOM), said that migration had increasingly been recognized as an essential, inevitable and potentially beneficial component of the economic and social life of every State and region.  Governments could, and must, manage migration through international cooperation and policy approaches addressing all facets of this complex phenomenon, including human rights.

For its part, the IOM had played an increasing role in promoting understanding and effective practices in migration management, she said.  A central aspect of the organization’s promotion of managed migration centred upon effective respect for the human dignity and well-being of migrants.  The IOM sought to promote and protect the rights of migrants through activities in the fields of forced migration, facilitated migration, migration control, migration and development, and through cross-cutting activities such as advocacy, public information and education, policy debate and guidance, regional and international cooperation, information gathering and research, technical cooperation and health.

Among its efforts regarding forced migration, she explained, the IOM had played a strong role in providing assistance in emergency and post-conflict situations, including through provision of transportation to safety for refugees and internally displaced persons.  Activities for facilitated migration responded to governments’ increased awareness of the need for orderly migration schemes, including through recruitment, consular services, family reunification, documentation, health assessments, cultural orientation and language training.  Moreover, activities recognizing and promoting the link between migration and development had long been among the IOM’s programmes in certain parts of the world.  The IOM was now implementing a number of Migration for Development in Africa programmes to enable African countries of origin to access the economic, social and professional resources of their communities abroad.

ALESSANDRO MOTTER, representing the Inter-Parliamentary Union (IPU), said the promotion and protection of human rights lay at the very heart of the IPU’s work.  The IPU regularly debated human rights questions during its biannual statutory Assemblies.  By doing so, it had contributed to the development and strengthening of international norms, but also encouraged the normative actions of national parliaments.  The IPU had taken action to familiarize parliaments with the various United Nations human rights mechanisms and the treaty bodies and to involve them more in national reporting.  It had consistently recommended that member Parliaments create human rights committees.

He stressed the need to raise individual parliamentarian’s awareness of human rights issues, which could only encourage them to speak out.   Parliamentarians all too often were themselves victims of human rights violations.  Parliaments were also usually the first institutions to disappear as a result of a coup d’etat.  Sometimes they were simply not allowed to convene.  The IPU had therefore created in 1976 the Committee on the human rights of Parliamentarians, which worked on the basis of international, regional and national human rights law.  The IPU looked forward to strengthening its cooperation with the United Nations in the field of human rights and hoped that such cooperation would help to ensure greater respect for human rights in the future.

DANIEL HELLE, of the International Committee of the Red Cross (ICRC), said he wished to provide an update of the ICRC activities addressing the problems of missing persons and their families.  The ICRC had convened a conference of governmental and non-governmental experts in Geneva in February 2003, he recalled, at which participants had affirmed the magnitude of the problem and adopted a set of recommendations to prevent and resolve cases of disappearances, and to respond to the needs of families left behind.  In the December 2003, at the twenty-eighth International Conference of the Red Cross and Red Crescent, all States parties to the Geneva Conventions had confirmed commitment to those objectives and had adopted an Agenda for Humanitarian Action, by which participants undertook to “respect and restore the dignity of persons missing as a result of armed conflicts or other situations of armed violence and of their families”.

For its part, the ICRC pledged to strengthen its operational practices, to work with relevant authorities and organizations and to contribute to the strengthening of relevant international and domestic law, he added.  The recommendations and best practices concluded at both meetings had already been included in its operation instructions.  Wherever necessary, the ICRC was also reinforcing its traditional activities to re-establish family links, collect and centralize information on vulnerable persons and the dead, and trace persons when their families were without news of them.

Additionally, the ICRC would seek to promote best practices among all relevant actors, he concluded, to which end a plan of action had been elaborated.  The plan would be implemented progressively, with the support of an internal taskforce, and would address areas such as promotion of existing international law and development of legal guidelines for non-international armed conflict; support for enhancement of domestic law; cooperation with armed forces and regional military organizations; enhancement of family news networks; promotion of standards regarding proper handling of the dead; and promotion of guidelines regarding the specific needs of families and the means to support them.

ENCHO GOSPODINOV, representing the International Federation of Red Cross and Red Crescent Societies (IFRC), said that while the IFRC was not a human rights organization, its mission was the protection of human dignity, and its work was guided by human rights principles.  Its work was also interconnected with the goals set out by the United Nations Millennium Summit and its corresponding Millennium Development Goals.  The IFRC had placed emphasis on the achievement of universal primary education, and that goal was the foundation for the achievement of the other Millennium Development Goals and the basis of human rights.  Addressing the connection between poverty and the impact of disasters, he said the IFRC’s disaster preparedness programmes could be found at all of its national societies.

He said the issue of community resilience was the theme of the 2004 World Disasters Report, the flagship publication of the IFRC.  The material in the report was central to the achievement of the Millennium Development Goals.  It was important that delegations considered issues related to community resilience and empowerment as a priority within the context of human rights questions.  Doing so would pave the way for important contributions to the fulfilment of many fundamental human rights aspirations and to the achievement of the Millennium Development Goals.

Statements in Exercise of the Right of Reply

Speaking in exercise of the right of reply, the representative of China said the representatives of Australia and Canada had named more than 10 developing countries for criticism, but had not demonstrated equal courage to criticise their Western partners, nor to conduct self-criticism.  Those countries had only been concerned with some human rights in some countries, which constituted a demonstration of typical double standards.  Australia had spoken of the human rights dialogue with China, yet had not mentioned that China had frankly expressed its concern over human rights violations in Australia.  China looked forward to future constructive dialogue with Australia.

Also speaking in exercise of the right of reply, the representative of Nigeria said that the statement by the representative of Canada had not taken cognizance of the democratic and political realities in her country.  Nigeria was a federation, she recalled, and the states making up that federation enjoyed some autonomy, such as the right to make laws.  The promulgation of Sharia law could only be addressed through appropriate constitutional amendments, and it had been decided that Sharia did not necessarily contradict the Nigerian constitution.  In instances such as those cited by the representative of Canada, the accused, if found guilty, had the right to appeal the verdict.  If unsuccessful, the accused had the right to appeal to the Supreme Court.  He also wished to draw attention to the fact that, since the introduction of Sharia in 2000, no one had been stoned because higher courts of appeal had overturned all such sentences.  Moreover, President Obasanjo had recently inaugurated a study on the death penalty, the results of which would soon be available.  Nigeria continued to support the universality of human rights, as well as their indivisibility.

Addressing his statement in right of reply to New Zealand and Canada, the representative of Cote d’Ivoire said his country had tried to engage with various human rights bodies to counteract impunity.  Furthermore, from his point of view, denunciation should be avoided in favour of cooperation.  Cote d’Ivoire had always put human rights at heart of its concerns and had ratified most of international human rights conventions.  Unfortunately, the situation in the country had been exacerbated by the split in two and the lack of justice that had been applied in areas under rebel control.  However, despite the difficulties, Ivorian institutions continued to operate and to pursue those accused of perpetrating violations.

Issues of human rights remained important, he affirmed, and should be approached in a constructive way.  His country had been open to investigations by Special Representatives and had invited the United Nations investigation committee to visit the country.  It now awaited the results of the study carried out between June and September regarding violations of human rights in Cote d’Ivoire.  The Government maintained that disarmament would support a return to normality and respect for human rights.  There should be international support for that process.

Responding to New Zealand, Canada and Australia, the representative of the Democratic People’s Republic of Korea said those delegations had tried to pass judgement on the situations of human rights in various countries in their statements.  However, they had neglected to mention the human rights situation in their own countries.  Among other concerns, New Zealand had seen increasing violence against women, the physical abuse of children, discrimination against the disabled and against minorities.  He had no intention to respond to their summary of the situation in his own country, as it constituted nothing but the repetition of allegations by hostile countries bent on tarnishing the image of the Democratic People’s Republic of Korea.

To Canada and Australia, he said that it had been his country’s consistent policy to respect human rights instruments and to have dialogue with human rights bodies.  Whether or when the Democratic People’s Republic of Korea acceded to human rights treaties remained the Government’s decision.  International dialogue should be based on cooperation.  The promulgation of resolutions condemning specific countries for political purposes constituted a cancer blocking dialogue and cooperation.

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