Sixty-third General Assembly

Third Committee

18^th & 19^th Meetings (AM & PM)

THIRD COMMITTEE SPEAKERS HIGHLIGHT GAP BETWEEN HUMAN RIGHTS PRINCIPLES

EMBODIED IN GLOBAL DECLARATIONS AND IMPLEMENTATION ON THE GROUND

Marking the sixtieth anniversary this year of the Universal Declaration of Human Rights and the fifteenth anniversary of the Vienna Declaration and Programme of Action, delegates to the Third Committee (Social, Humanitarian and Cultural) raised concerns about how the ideals embodied by those Declarations were being implemented on the ground, including through the Human Rights Council and the monitoring bodies of various international human rights conventions.

“The Human Rights Council now stands at a critical juncture,” said the representative of Japan, one of 19 speakers to address the promotion and protection of human rights.  She said the Universal Periodic Review, a mechanism that had been established by the General Assembly to review the fulfilment by each State of its human rights obligations and commitments, was expected to become one of the important pillars of the Human Rights Council and, as a member of the Council, Japan had undergone the review in May.  If it was impartial, efficient and effective, that mechanism -- together with the follow-up measures that were taken -- would prove useful to the Council.

In regard to the implementation of specific human rights treaties, the representative of the United States and the representative France, who was also speaking on behalf of the European Union, said the treaty bodies were remarkable guides for implementation of international conventions.  Although the General Assembly could play an important role in calling attention to the most serious human rights violations, they said treaty bodies played the most valuable role in strengthening national implementation of international treaty obligations.

Nevertheless, many delegates expressed their concerns over the difficulties those bodies had in effectively assisting countries in implementation, for a variety of reasons, ranging from excessively complicated and heavy reporting mechanisms to a lack of transparency and fairness in dialogues with States parties.  For instance, the representative of Algeria, in a question and answer session with the Director of the New York Office of the High Commissioner for Human Rights, Ngonlardje Mbaidjol, said that her Government had participated in what had been intended to be a fair and transparent process of dialogue with the treaty-based bodies dealing with torture and on civil and political rights, only to find that the spirit of transparency had not prevailed and the comments made by her country had not been taken into account in the eventual recommendations.

The representative of the Russian Federation, following up on those remarks, said that, due to poor reporting procedures, his country had found difficulties in preparing its report to one of the Committees, specifically because it had received additional questions too late in the reporting process.  Often times, he noted, the treaty bodies, in the absence of a country report, would make

recommendations to countries based solely on information from non-governmental sources, whose reliability had not necessarily been proven.  Such recommendations were particularly undesirable, he said, while noting that any efforts to turn treaty bodies into a “super body”, charged with quasi-judicial tasks, would only further minimize the effectiveness of the monitoring process.

Mr. Mbaidjol, in response to those concerns, emphasized the independence of the Special Procedures and the treaty-based bodies.  He also explained that the Office of the High Commissioner was intended to support those bodies and to assist them logistically, while refraining from influencing the conclusions that they might draw.

Over the course of the discussion, many delegates made recommendations on how to best improve the effectiveness of the treaty-based bodies and their work in connection with the Office of the High Commissioner.  The Sudan’s delegate said respect for cultural diversity should be at the centre of any attempt to create human rights instruments, since such an approach would help prevent hegemony and a situation in which one group dominated over proceedings, a sentiment that was echoed by the representatives of Iran and the Russian Federation.  Representatives from India and China recommended greater efforts to streamline reporting through harmonization of the guidelines, which reduced duplication of work at the national level and helped provide a certain amount of standardization.

Meanwhile, national and regional efforts towards better implementation of international human rights treaties were ongoing.  Austria, for example, had organized an international expert conference on the occasion of the fifteenth anniversary of the World Conference on Human Rights.  Austria’s delegate told the Committee that the conference had been aimed at identifying the major challenges in the implementation of international human rights standards from the perspective of local and regional human rights actors.  It had made a number of recommendations, including the need to establish national human rights institutions to work in cooperation with international human rights monitoring bodies and the need for greater engagement by local stakeholders, in order to increase local ownership.

Earlier in the day, the Committee concluded its discussion on indigenous issues, with representatives from Ecuador, Nicaragua and Bolivia taking the floor.  The three delegates all stressed the importance of ensuring the participation of indigenous peoples in discussions and debates on the protection of their rights at the national and regional levels, as well as at the international level and through the United Nations.

In other business, the Committee heard the introduction of three draft resolutions by the representatives of the Netherlands (speaking also on behalf of Belgium), Antigua and Barbuda (on behalf of the “Group of 77” and China) and Senegal.  One draft resolution, on efforts to eliminate all forms of violence against women, was aimed specifically at ending the culture of impunity that currently existed for acts of violence against women.  The two other draft resolutions were on the future operation of the International Research and Training Institute for the Advancement of Women and on supporting efforts to end obstetric fistula.

Also speaking on the issue of the promotion and protection of human rights were the representatives of Suriname (on behalf of Caribbean Community (CARICOM)), Algeria, Sri Lanka, Iraq, Republic of Korea, Egypt, Venezuela, Republic of Tanzania, Iran and Syria.

The Committee will meet again at 10 a.m. Wednesday, 22 October, to hear a presentation by the High Commissioner for Human Rights and reports from a number of human rights special rapporteurs.

Background

The Third Committee (Social, Humanitarian and Cultural) met today to conclude its discussion on indigenous issues and matters relating to the Second International Decade of the World’s Indigenous People (for background see press release GA/SHC/3923) and to begin its discussion on the promotion and protection of human rights, including the implementation of human rights instruments and the comprehensive implementation of, and follow-up to, the Vienna Declaration and Programme of Action.

The Committee had before it the report of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families on its seventh and eighth sessions (document A/63/48).  The report summarizes the work of the Committee during its seventh and eighth sessions, at which country reports from Bolivia, Ecuador and the Syrian Arab Republic were considered.  Suggestions and recommendations to those countries, all of which are mainly but not exclusively countries of origin of migrant workers, are included in the report.   Annexed to the report is a list States that have signed, ratified or acceded to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families as of 25 April 2008, as well as a proposal to the Second Global Forum on Migration and Development concerning Roundtable 1.  The proposal describes emerging issues for Governments –- such as reconciling economic pressures to reduce rights-based protections for foreign workers with the need to uphold equality and non-discrimination as guarantors of labour market coherence -- and includes a list of suggestions for policymakers, including the formulation of comprehensive national migration policies and the adoption of the Convention.

A note by the United Nations High Commissioner for Human Rights on the status of the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery (document A/63/137) was also before the Committee informing it of a change in the grant cycle of the Fund, based on a recommendation made by the Office of Internal Oversight Services.

The Committee also had before it the report of the Secretary-General on the United Nations Voluntary Fund for Victims of Torture (document A/63/220), which describes the recommendations for grants that were adopted by the Board of Trustees of the Fund during the reporting period, as well as providing information on policy decisions adopted by the Board in implementation of the recommendations made by the Office of Internal Oversight Services.  The report recognizes the Board’s efforts to attain a greater geographical balance in grant allocation and highlights the increase in the level of funding allotted, a 31 per cent increase between 2004 and 2008.  In the report, the Board urges regular donors to increase their contributions to the Fund and encourages non-donor countries to contribute. 

Also before the Committee was a note by the Secretary-General transmitting the interim report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (document A/63/175), in which the Rapporteur draws attention, in particular, to the situation of persons with disabilities.  He says the recent entry into force of the Convention on the Rights of Persons with Disabilities and its Optional Protocol provided a timely opportunity to review the anti-torture framework in relation to persons with disabilities.  He also examines the use of solitary confinement and its impact on mental health.  Annexed to the report is the Istanbul Statement on the Use and Effects of Solitary Confinement. 

Also before the Committee was a note by the Secretary-General submitting the report of the chairpersons of the human rights treaty bodies on their twentieth meeting on the effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights (document A/63/280), in which the chairpersons discussed reform of the treaty body system, including harmonization of working methods and the universal periodic review mechanism of the Human Rights Council, as well as the work of the Council in general.  They met with representatives of States parties and the President of the Human Rights Council, who emphasized the complementary role of the treaty bodies and the Council, as well as their mutually reinforcing nature.  The report also provides a summary of the decisions and recommendations adopted by the chairpersons at their twentieth meeting, including recommendations to strengthen direct interaction between the treaty bodies and the special procedures and to continue dialogue on the complementary nature of the universal periodic review mechanism and the treaty body system.

The Committee also had before it the report of the United Nations High Commissioner for Human Rights (document A/63/36), which focuses on the High Commissioner’s activities throughout the previous year, as well as on the institution-building phase of the Human Rights Council and treaty body reform.  The report anticipates some of the final conclusions that might be reached at the end of the four-year universal periodic review cycle, in particular that the universal periodic review could benefit from some form of independent expertise in the process, in order for it to evolve into an implementation-oriented mechanism with targeted and prioritized recommendations to be addressed to the States under review.

The High Commissioner also addresses ways in which to strengthen her Office’s engagement at country and regional levels.  She also cites recent developments in strategic thematic areas, including:  equality and non-discrimination; development, poverty reduction and the Millennium Development Goals; economic, social and cultural rights; indigenous peoples; minorities; migration and trafficking; rule of law and democracy; the Global Compact; human rights education and training; climate change; and women’s rights.  The report also highlights the recent entry into force of the new Convention on the Rights of Persons with Disabilities, as well as ongoing efforts to reform and streamline the work of the human rights treaty bodies and OHCHR support for special procedures.

The Committee was also expected to consider the report of the Human Rights Committee on its ninety-third session (document A/63/40 Vols. I and II) and the report of the Committee against Torture on its fortieth session (document A/63/44).

In addition, the Committee had before it the draft text of three proposed resolutions on the advancement of women, including:  on the intensification of efforts to eliminate all forms of violence against women (document A/C.3/63/L.12); on the future operation of the International Research and Training Institute for the Advancement of Women (document A/C.3/63/L.14); and on supporting efforts to end obstetric fistula (document A/C.3/63/L.15).

Statements on Indigenous Issues

MARÍA FERNANDA ESPINOSA ( Ecuador) said her country had played an active supporting role in helping pass the Declaration on the Rights of Indigenous Peoples in the General Assembly.  In Ecuador, the National Council of Indigenous Peoples had long participated in crafting the most recent national development plan, a roadmap or guide that would change the trajectory of Ecuador’s development to include the concepts of multiculturalism and sustainability.  She went on to stress the importance of ensuring the participation of indigenous peoples in the United Nations Sub-committee on the Promotion and Protection of Human Rights, and called on civil society to maintain or increase contributions to the Voluntary Fund for Indigenous Populations, which was intended to facilitate their participation in the deliberations of the working group. 

She said Ecuador had ratified the convention on the elimination of discrimination in general, and, as a result, had reformed its laws with the goal of removing all forms of racial discrimination in national policies and programmes.  Ecuador condemned all activities that applied sanctions on people that sought to combat discrimination.  Ecuador prohibited racial discrimination through its Constitution, and the State had created spaces to encourage the direct participation of indigenous peoples in the national development process.  Those policies pre-dated the Durban conference on racism.  Ecuador had a council for the development of indigenous peoples and Afro-Ecuadorian peoples, as well as a Department dedicated to both those communities and an organization at the ministerial level.  The country’s social agenda for 2007-2010 guaranteed a budget allocation for the protection of the most vulnerable sectors of the population.  She ended by voicing support for Guatemala’s call for the Special Rapporteur on indigenous peoples to present a report on the subject.

MARÍA RUBIALES DE CHAMORRO ( Nicaragua) said that her Government had played an active role within the General Assembly towards the approval of the historic Declaration on the Rights of Indigenous Peoples.  As such, Nicaragua supported the full implementation of that Declaration.  To do so, the international community would need to ensure strong cooperation among States and with the United Nations.  Indigenous persons could not be allowed to continue to be excluded from debates on questions relating to them; instead, they should be placed at the forefront of those discussions.  Only in that way could a multicultural society be guaranteed.  The Permanent Forum on Indigenous Issues was both a space for dialogue for indigenous persons and an advisory body to other entities.  Its role in both those regards should be strengthened.   It was unfortunate that the Special Rapporteur on the issue had not been invited to participate in Third Committee discussions on the topic and, in the following year, that situation should be reversed.

At the national and regional levels, she said her Government had increased the participation of indigenous groups through various initiatives, such as the Atlantic Coast Development Council and the elaboration of a Caribbean Coast initiative, entitled “The Roots of the Caribbean”.  Efforts were aimed at promoting the role of indigenous peoples in line with other development goals, such as reducing poverty.  Nicaragua was also working to support local communities and municipalities, specifically in terms of strengthening their ability to implement the bilingual education programme and offering support for rural teachers.  As well, Nicaragua was developing road and maritime infrastructure and launching property title reforms that would further protect the rights of indigenous persons.

One of the Government’s most significant advances in the promotion of the rights of indigenous peoples had been the installation of the first indigenous local government, which had been created, through an executive decree, as part of the process of national reconciliation, she continued.  Touching briefly on the YATAMA case dealt with by the Inter-American Court of Human Rights in 2005, she noted that YATAMA had been paid the necessary indemnity.  In 2007, there was an increase in the number of indigenous and Afro-descendant members in the national assembly, and similar increases had been seen in the autonomous region of the north and south Atlantic.  In conclusion, she called on Member States and the United Nations to increase cooperation to end the marginalization that indigenous peoples had suffered from since colonial times.

HUGO SILES-ALVARADO ( Bolivia) said that his country had moved to ratify the Declaration on the Rights of Indigenous Peoples about a year after its passage.  The Declaration aimed to guarantee the rights of almost 370 million indigenous people worldwide, who had long been victims of racism, discrimination, marginalization and a lack of protection.

In Bolivia, President Morales had signed the 46 articles of the Rights of Indigenous Peoples into law.  A new draft constitution, to be presented for public referendum in January 2009, was to incorporate substantive parts of that Declaration.

Among other things, he continued, the text would acknowledge that the indigenous justice system was compatible with “ordinary” justice systems, since both were essentially founded on respect for life.  Authorities in Bolivia would be empowered to apply the standards contained in both those judicial systems to ensure that indigenous peoples could benefit from a legal system that had long been biased against them.  For example, the law would protect the labour rights of families belonging to the Guaraní community, who, in the twenty-first century, were still living under indentured service, which was incompatible with international labour legislation.  In addition, the Government was dedicated to the redistribution of lands and income derived from natural resources, whose benefits must ensure the development of indigenous peoples.  He voiced support for the Permanent Forum and the outcomes of its deliberations.

Introduction of Reports on the Promotion and Protection of Human Rights

NGONLARDJE MBAIDJOL, Director of the New York Office of the High Commissioner for Human Rights, introduced the reports submitted under agenda item 64 (a), entitled “Promotion and protection of human rights:  implementation of human rights instruments”.  He drew particular attention to the report of the Human Rights Committee (document A/63/40 Vols. I and II), noting that the Committee had adopted concluding observations on 13 periodic reports and had made final and public the provisional concluding observations adopted in relation to one country situation that had been considered in the absence of a report.  The Committee had adopted 40 views on communications from past sessions.  As well, 6 new communications were declared admissible; 25 inadmissible; and 11 discontinued.

In introducing the annual report of the Committee against Torture (document A/63/44), he said the Committee had considered the reports of 14 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and took decisions on 16 individual complaints.  145 States had now ratified the Convention and 35 States had ratified the Optional Protocol.

Mr. Mbaidjol also introduced a number of reports already before the Committee, including:  the annual report of the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (Suppl. 48) (document A/63/48); the annual report of the chairpersons of the human rights treaty bodies (document A/63/280); the report of the Secretary-General on the United Nations Voluntary Fund for Victims of Torture (document A/63/220); and the status of the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery –- note by the secretariat (document A/63/137).

Questions and Answers

The representative of Algeria remarked on the working methods of treaty bodies, namely with regard to their recommendations to countries upon submission of country reports.  Algeria had participated in such processes in a transparent manner and in complete confidence that whatever was said at the dialogue between the representatives of those treaty bodies and her own Government would be taken into account in the eventual recommendations that were made.  However, it was found that, in terms of Algeria’s most recent dialogue with treaty bodies dealing with torture and on civil and political rights, that spirit had not prevailed.  As a result, Algeria had written two aides-memoires to be annexed to the reports of the Human Rights Council, reflecting those concerns.  But, she noted that, to date, those reports had not been circulated.  She, therefore, requested that they be made available before the Third Committee took note of them.  She asked that the statement she had just made be reflected in official records.

The representative of the Russian Federation, addressing the working methods of the Office of the High Commissioner for Human Rights (OHCHR), said that Office’s achievements in servicing treaty bodies were to be commended.  However, he felt the Office had not been able to enhance the effectiveness of treaty bodies’ actions, particularly after the attempt to join treaty bodies into a sort of “super body” charged with quasi-judicial tasks.

With regard to General Comment 33 of the Human Rights Committee, dealing with violations of the International Covenant on Civil and Political Rights, he expressed hope that the Sixth Committee (Legal) would draw attention to its legal aspects.  The Third Committee, meanwhile, would do well to note that treaty bodies were not legal bodies.  Furthermore, there was no legal basis for considering the situation in a State in the absence of such a country report –- for example, using information from non-governmental sources, whose reliability needed to be proven, since that would amount to “legal nonsense”.  In such cases, he did not welcome recommendations made by treaty bodies and special procedures.  Treaty bodies must work in cooperation with States parties to the treaty in question, and should provide technical assistance, if requested.  That was especially pertinent given the increasing complexity of procedures facing States parties.  For example, the Russian Federation had presented a report to the Committee on the elimination of discrimination, but had found difficulties in preparing and defending the report, since it received additional questions “two months late”.

He went on to say that, compared to the situation five or six years ago, the Fund that provided assistance to victims of torture had improved its work.  However, he would like to welcome efforts made by leaders of the Fund in finding more ways to cooperate with States in identifying the “real” victims of torture requiring international assistance.  He noted that resources were being used for situations that were 20 to 30 years old, while more well-known cases in terrorism were not seen as central.

Mr. Mbaidjol, in response to the comments made by the representative of Algeria, congratulated the Government of that country for its dedication to the promotion of human rights and for having signed seven of the international human rights treaties.  In terms of delays in the publication of reports, he suggested that translation issues might be at the root of many of those delays, but said he would convey the concerns of Algeria to the proper persons, as well as Algeria’s wish to see specific comments annexed to the reports.  He also emphasized the independence of the Special Procedures and the Committees set up to follow-up on the implementation of the treaties.

In response to the comments made by the delegate from the Russian Federation on the role of the Office of the High Commissioner, he stressed that the Office was intended to support the Committees that had been established and to assist them logistically, for example by dealing with documents they issued, and that the High Commissioner was expected to refrain from influencing the conclusions that the Committees drew from their work.  He said that questions regarding the effectiveness of the treaty bodies should be directed to the High Commissioner, and it was at that level that such issues needed to be discussed.  The concerns over reporting were legitimate and he pledged to bring those concerns to the High Commissioner.

HENRY MAC-DONALD (Suriname), speaking on behalf of the Caribbean Community (CARICOM), stated that its members were guided by fundamental principles of good governance, the rule of law, and respect for the basic rights and freedoms of all, and welcomed the recent entry into force of the Convention on the Rights of Persons with Disabilities.  As a regional contribution towards the advancement of the Universal Declaration of Human Rights, comprehensive capacity development training would be organized from 8 to 12 December, in conjunction with the United Nations Institute for Training and Research (UNITAR), the United Nations Development Programme (UNDP) and the Office of the United Nations High Commissioner for Human Rights.  The training would enable Caribbean national Governments to better monitor and implement international human rights treaties.

He advised a holistic approach to the three pillars of the United Nations system:  development; peace and security; and human rights; noting that the pervasiveness of poverty, the increase in inequities between and within countries, the spread of infectious diseases, armed conflict, and intolerance still stood in the way of “real implementation” of all human rights for all.  Despite “notable progress” in the human rights field, particularly in the areas of civil and political rights, he said efforts towards the realization of economic, social and cultural rights by the international community “still fall short”.  Further, he urged finding a “durable” solution to the debt problems of developing countries, which could all positively advance human rights; creating market opportunities for them, especially small island developing States; and democratizating international financial institutions.

He noted the ongoing work of the Human Rights Council as it worked to fulfil its mandate with Member States in the promotion and protection of human rights for all, and he emphasized the critical importance of universal coverage and equal treatment of all States to periodic review of human rights situations.  He urged the Human Rights Council to deliver on expectations to create a more conducive environment in pursuit of its work to advance human rights.  In closing, he expressed appreciation for those who had supported the passing of the General Assembly resolution for the creation of a permanent memorial at the United Nations to honour the victims of slavery and the transatlantic slave trade, and urged continued commitment to finalize its placement, which represents the “very principles and ideals of the United Nations Charter”.

PHILIPPE DELACROIX (France), speaking on behalf of the European Union, recalled that 2008 was the sixtieth anniversary of the adoption of the Universal Declaration of Human Rights, which afforded the opportunity to reiterate the importance of that text as the very basis of international policies promoting and ensuring human dignity.  That celebration was also cause for reaffirming the universality, interdependence and indivisibility of all human rights, and the “equality” of all civil, political, economic, social and cultural rights, including the right to development.  But, despite progress on the international human rights agenda, the European Union was aware that the international community needed to redouble efforts to ensure full enjoyment of human rights.  In view of issues brought about by globalization and security challenges, universal ratification of important international conventions “must take precedence more than ever before”.

He said States that had not yet done so must make additional efforts to ratify the International Covenant on Civil and Political Rights, as well as the International Covenant on Economic, Social and Cultural Rights.  The same call was made with regard to the International Convention on the Elimination of All Forms of Racial Discrimination, and in the case of reservations to the International Convention on the Elimination of All Forms of Discrimination against Women.  He remarked that the entry into force of the Convention against Enforced Disappearance would enhance and supplement standard-setting texts already in place.

He said treaty bodies were “remarkable guides” on how to implement those international instruments.  States parties to those instruments should ratify their Optional Protocols, or else submit statements to treaty bodies so that they could “receive individual communications”.  In that regard, the European Union supported the idea for a complaints procedure in the context of the International Covenant on Economic, Social and Cultural Rights.  It was regrettable that there were major delays in the submission of the reports of some States parties, since treaty bodies must be allowed to study the situations in countries and make recommendations within reasonable time frames.  He said the European Union viewed Optional Protocols as important adjuncts to international human rights instruments, particularly the Convention against Torture, which sought to establish independent institutions to prevent torture in places of detention, as well as the International Covenant on Civil and Political Rights, which committed all States parties to abolish the death penalty.

IDREES MOHAMED ALI MOHAMMED SAEED ( Sudan) said his Government was convinced of the need for the promotion of human rights through international and regional instruments that had been adopted.  As such, the Sudan was committed to reinforcing human rights by ratifying the relevant international treaties.  The universality of human rights and their interdependence and indivisibility required that all rights be given equal status and, as such, human and cultural rights should be given the same importance as civil and political rights.  However, though mechanisms had been put in place to reinforce civil and political rights, there were no such mechanisms supporting human and cultural rights.  Operational steps were needed to further strengthen human and cultural rights, such as the right to food, the right to development and other social rights.

Cultural diversity should also be at the centre of any attempt to create human rights instruments, since such an approach would help prevent hegemony and a situation in which one group dominated over proceedings, he continued.  A reform of the Office of the High Commissioner should help the Office achieve a better balance on its positions and to ensure that certain geographic groups would not be excluded from its work.  The Office should study concerns over geographic imbalances, to ensure that it operated in full neutrality and without serving any narrow interest.

The Sudan was cooperating strictly with all human rights mechanisms, because it was convinced of the need for dialogue and communications to deal with the questions of human rights, he said.  The African Group in Geneva had presented a draft resolution that had been adopted by the Human Rights Council, inviting them to include that resolution in its mandate for June of 2009.  Such efforts underscored the progress made in human rights, which were the fruit of international cooperation and national and regional efforts.  Collective action on human rights should be taken through the multiple mechanisms currently in use and should be done without dividing States.  There were States that had not yet achieved various goals in the area of human rights.  To help those countries meet those goals, all nations should participate in the “global march for the reinforcement of human rights” and work to reinforce the spirit that guided the Human Rights Council in its work.

SALIMA ABDELHAK (Algeria) said, in order to provide the best framework for the protection of human rights at the national level, her Government had implemented a number of judicial reforms that were aimed at aligning national efforts with international norms.  Since the protection of human rights was, primarily, the responsibility of States, her Government had undertaken a number of revisions, including revisions to the penal, civil, family and nationality codes.  Free and transparent elections were a priority for her Government and enshrined in national law.  Now, dozens of political parties were active on the political scene and represented in the national assembly.  Algeria also placed the enjoyment of the social, cultural and economic rights of its citizens among its top priorities and had implemented a number of measures to ensure the protection of those rights.

Aware of the fundamental role of women in building a society based on progress and modernity, she said her Government had ensured their full participation in economic, social and political life.  For example, a national consultative commission on the promotion of fundamental human rights and freedoms had 44 members, 16 of whom were women.  That commission was responsible for examining all human rights violations and reported annually to the President.  Aware of the interdependence and the universality of human rights, Algeria showed great interest for humanitarian rights as well, since all human rights were essential to the organization of a democratic society, to peaceful domestic relations and to the rule of law.

NOBUKO KUROSAKI ( Japan) said that Japan had ratified six of the principal international human rights instruments and had been implementing them in good faith.  Furthermore, in celebration of the sixtieth anniversary of the Universal Declaration of Human Rights, Japan would observe a “Human Rights Week” in December to promote respect for human rights and to raise awareness of the importance of the Declaration.  Japan recently underwent the Universal Periodic Review and its Governmental report was reviewed last week by the Human Rights Committee.  The Government would continue to faithfully implement international human rights instruments and strive to find more effective ways of implementing them through treaty body reviews.

“The Human Rights Council now stands at a critical juncture”, she said.  Soon it would be possible to determine whether the Council would become a truly effective organization that could meet the expectations of the international community.  The Universal Periodic Review was expected to become one of the important pillars of the Human Rights Council and, as a member of the Council, Japan had undergone the review in May.  If it was impartial, efficient and effective, that mechanism, together with the follow-up measures that were taken, would prove useful to the Council.  Overall, it was essential to make comprehensive efforts in a wide range of areas, including peace and development, to secure human rights and fundamental freedoms for all.

MAHINDA SAMARASINGHE ( Sri Lanka), Minister of Disaster Management and Human Rights, noted his country’s “strong and vibrant human rights protection system” and shared both the progress and the challenges the country faced in its efforts to promote and ensure human rights.  His country was a State party to seven core human rights treaties and several international instruments in the field of humanitarian law.  The country’s National Human Rights Commission had been established more than a decade ago.  Further, the Government had implemented effective policies that laid the foundation of economic, social and cultural rights, among them, a free education system with a resulting literacy rate on par with developed countries, a national health care system, and a national campaign to achieve the Millennium Development Goals.  The objective of the Government, as pointed out by the President in his address to the General Assembly, was to speed development activities in those areas where there was a heavy presence of terrorists; fast-tracking economic development in the Eastern Province, for example, where former terrorists, having abandoned terrorism and embraced democracy, now served as government officials.  Significantly, the restoration of democracy in the east of Sri Lanka had been achieved after less than one year of it being freed. 

His country’s efforts to promote and protect human rights took place under difficult and trying circumstances, due to the continuing challenge posed by the terrorist group, the LTTE, that still operated in the Northern Province.  Despite that challenge, his Government had a policy of open and constructive engagement with the human rights treaty bodies and submitted regular reports.  In May this year, Sri Lanka submitted its national Human Rights Report for review under the Universal Periodic Review mechanism of the Human Rights Council, which was reflective of the open engagement by the Government with that process and its belief that openness and accountability through international means could strengthen national efforts.  The National Human Rights Commission, operating through ten regional offices, also played a pivotal role in protecting human rights.

As a country affected by terrorism, the Government was committed to the physical safety and security of all civilians, non-combatants, internally displaced persons and humanitarian and development workers.  During the conflict, food, medicine, educational supplies and other essential items were sent into the affected areas with the knowledge that a good deal would be seized by the LTTE.  However, the Government’s commitment to that humanitarian policy was not exclusionary.  As a practical example, over the past three weeks the Government had ensured the supply of approximately 2,000 metric tons of food relief to the so-called uncleared areas.  The Consultative Committee on Humanitarian Assistance was a high-level coordinating mechanism that brought together the Government, international partners and civil society to discuss and implement policy on humanitarian assistance, and was geared to addressing the challenges that arise when dealing with countering a terrorist campaign.

In keeping with the Vienna Declaration and Programme of Action, he concluded by announcing the recent steps taken to draft a national plan of action for the promotion and protection of human rights.  Working closely with the United Nations Development Programme and the senior advisor of the United Nations country team, the plan promised to expand the capacity of its national institutions and fulfil the objectives shared with the Human Rights Council during its recent Universal Periodic Review.

T. VANCE McMAHAN ( United States) said his country was deeply committed to the protection of human rights and fundamental freedoms, and took its obligations under human rights treaties very seriously.  That commitment, it was hoped, was evidenced by the depth and breadth of its reporting and the extensive consultations held throughout the Government and civil society in preparation for each appearance before a treaty committee.  Indeed, implementation of existing human rights obligations should remain a priority for the General Assembly and the United Nations as a whole.  Full realization of “human rights for all” was best served by a sharp focus on the implementation of existing instruments, rather than the creation of new ones.

He said that, although the Assembly could play an important role in calling attention to the most serious violations of human rights, treaty bodies were extremely valuable in strengthening countries’ implementation of their treaty obligations.  While their observations and comments were non-binding, they might prod countries to work on a particular problem area.  The overall treaty reporting process itself was useful for compelling States to undertake a Government-wide effort to evaluate their progress in meeting treaty obligations, which often brought about changes in States policies and practices.  The United States’ most recent treaty body experience was its reporting on the implementation of two Protocols to the Convention on the Rights of the Child, on the sale of children, child prostitution and child pornography and on children in armed conflict, which helped it to consider a variety of issues.

With regard to the Convention on the Elimination of Discrimination against Women, which the United States was not party to, he expressed regret that the Committee tasked with overseeing its implementation often pressed for “legislative changes far beyond the text and spirit of the Convention itself”.  For example, the Committee took a stance against a draft law in Lithuania that would provide legal protection for unborn children by prohibiting abortion except in certain carefully defined circumstances.  Likewise, it strongly criticized the Government of Honduras for its abortion laws, as well as Slovakia’s laws allowing conscientious objection for health workers.  That focus struck him as being misplaced, since there was no mention of abortion in the Convention.  Moreover, the Committee spent “comparatively little time” on the top two measures that could reduce maternal mortality:  skilled attendance at birth and emergency obstetric care.  The Committee had also used its dialogue with countries to call for the decriminalization of prostitution and to pressure changes in States’ definition of family, based on what appeared to be the personal opinion of individual members of the Committee, rather than any relevant text in the Convention.

MOHAMED RIDA AL-HUSSAINI ( Iraq) said his Government respected the goals and principles of the United Nations and, as such, his Government was resolved to honour its commitments and harmonize its national laws with international conventions and covenants.  More specifically, the Government had completed legislative measures to adhere to the Optional Protocols on the Rights of the Child and the Convention on torture.  The situation of migrants and displaced persons was an issue that held a great deal of interest and importance for his Government.  As such, Iraq had allotted significant amounts of money to help resolve the situations of displaced Iraqis currently residing both inside and outside of the country.  The Government was also focused on improving the living and economic conditions of its citizens through various economic measures aimed at the reconstruction and reactivation of the national economy.  Efforts towards that goal had already achieved tangible progress, including a decrease in inflation and unemployment rates.  In addition, Iraq had established a social protection network to provide better care to vulnerable groups, and it had embarked on a reform of the health sector to ensure basic health services for all.

The Government of Iraq had also launched a series of legal reforms and an anti-corruption initiative, he said, all in an effort to further protect the rights of its citizens.  Iraq was keen to promote a human rights culture within the country, and it had already made significant progress towards that end.  It had established a national system for the monitoring of human rights violations and had formed “monitoring task forces”, in coordination with other human rights entities.  In addition, much had been done to resolve issues surrounding the situation of persons who had disappeared during the war, prisoners of war and the existence of mass graves.  The Government of Iraq was also committed to promoting the role of the judiciary in the protection of human rights.  In closing, he drew attention to the upcoming provincial council elections and reaffirmed his Government’s commitment to building an environment conducive to free, fair and democratic elections.

LIU ZHENMIN ( China), emphasizing the great importance his Government attached to the role of international human rights instruments in promoting and protecting those rights, highlighted a number of such treaties to which China was a party.  Most recently, the Convention on the Rights of Persons with Disabilities had been ratified in June and had come into force on 31 August.  China earnestly fulfilled its obligations to all treaties to which it was party and to that end had adopted legislative, judicial, and administrative measures towards their implementation.  It also attentively submitted periodic reports to treaty bodies and maintained an excellent dialogue with them.  Active support had also been given to the Governments of Hong Kong and Macao in protecting human rights.

Noting that this year marked the sixtieth anniversary of the Universal Declaration of Human Rights, he said all countries should stick to the spirit of the Declaration and engage in dialogue on the basis of equality and mutual respect, with view to seeking common ground, narrowing differences and expanding consensus.  But, while international human rights instruments had played a positive role overall, their excessively complicated and heavy reporting burden was a problem.  The current reporting mechanism and duplication of labour among different treaty bodies was particularly notable.  Further, certain treaty bodies often exceeded their mandates in the exercise of their duties.  His Government had noted the recommendations by the Office of the United Nations High Commissioner for Human Rights to harmonize those reporting guidelines.  Reform should be aimed at streamlining reporting mechanisms and enhancing efficiency.  It was also imperative for treaty bodies to adhere to the principles of fairness, objectivity and neutrality and use caution when it came to unverified information from unreliable sources.

TARIQ ANWAR ( India) noted that a few reports relating to today’s agenda had been made available only very recently, while some were still not ready.  That had denied States adequate time to study them, and so he requested that all reports be made available to Member States well in advance.

He went on to say that the observance of human rights was at the core of any civilized society.  Progressive negotiations had brought about institutional mechanisms to handle human rights issues.  The establishment of the Human Rights Council and the Office of High Commissioner for Human Rights rounded out the international “human rights regime”, as set forth in the Universal Declaration on Human Rights and in proceeding texts, such as the Convention on the Rights of Persons with Disabilities.  The protection of the civil and political rights of people was equally important to the promotion of their economic, social and cultural rights, including the right to development.  He expressed gratitude to the treaty bodies for their help in helping strengthen domestic policies.  He stressed that experts serving on those bodies should handle development, democracy and human rights, which were strongly interrelated to each other, as a single “compact”.

He said he welcomed efforts to streamline reporting by revised harmonization of the guidelines, which reduced duplication of work at the national level and helped provide a certain amount of standardization.  Treaty bodies and the Office of the High Commissioner should develop the capacity of various Member States who found it difficult to submit their periodic reports due to lack of experience and capability.  Strengthening national reporting procedures helped Member States identify gaps in their national policies and find the means to reduce them.  For its part, India had consistently supported international efforts to evolve a normative framework for the promotion and protection of human rights.  India was also concerned over the delays by various treaty bodies in examining country reports, and agreed, in principle, with the idea of holding Committee meetings in parallel chambers.  The Office of the High Commissioner could also explore submitting a suitable proposal to temporarily increase the number of days that the Committee met, at least until the backlog was dealt with.  The treaty body system had assisted India greatly in implementing its international obligations with regard to human rights, and it was hoped that all Member States were able to benefit in a similar way.

JO JOO-SUNG ( Republic of Korea), noting the sixtieth anniversary of the Universal Declaration on Human Rights, said significant progress had been made under United Nations leadership, notably in establishing legal frameworks and monitoring mechanisms.  Norms, such as the International Covenants on Human Rights, had played a valuable part in contributing to an overall improvement in human rights situations.  However, gaps remained between the ideals pursued through such norms and reality, as established international human rights conventions had not been fully implemented, and the protection of women, children and minorities, among others, left “much to be desired”.

He said States’ duty to promote human rights and fundamental freedoms should not be eclipsed by excessive emphasis on the significance of national and regional particularities and various historical backgrounds, as underlined in the Vienna Declaration.  He emphasized maintaining momentum for the Universal Periodic Review process, whereby the human rights situations of all Member States were subject to review.  His country attached great importance to -- and fully supported -- that process, as effective follow-up measures within it could lead to actual human rights improvements.

Vienna Declaration

MAX-OLIVIER GONNET (France), speaking on behalf of the European Union and associated countries, said that 2008 not only marked the sixtieth anniversary of the Universal Declaration of Human Rights, but also the fifteenth anniversary of the Vienna Declaration and Programme of Action, adopted at the World Conference on human rights.  The Vienna Declaration provided the reference framework to overcome obstacles to the promotion and universal protection of those rights.  International attention should, therefore, remain focused on that framework and efforts should continue to effectively implement the Programme of Action.  Huge progress had been made in promoting and protecting human rights over the last 15 years, including the founding of the Office of the High Commissioner for Human Rights.  The Office had significantly raised awareness on human rights issues and had helped spread human rights within the United Nations system and on the ground.  As such, it should have all necessary resources at its disposal to undertake its work, particularly in the area of technical assistance, and to independently determine its plan for strategic management.  He added that the rules currently governing its budgetary policy and human resources should be maintained and efforts to broaden its activities on the ground, through the establishment of regional offices, should be encouraged.

Over the past 15 years, great strides had been made towards the universal ratification of relevant United Nations human rights conventions and the adoption of new conventions, he said.  As well, there had been a worldwide emergence of associations and non-governmental organizations whose primary goal was the implementation of international treaties and the protection of human rights.  In addition, the international codification of human rights continued to move forward with the negotiation of new international instruments, such as the Convention on the Rights of Persons with Disabilities.  However, in practice, too many people continued to be denied the right to fundamental rights and freedoms.  In order for the Vienna Declaration and Programme of Action to be fully implemented and for all human rights violations to be put to a stop, all stakeholders would need to reiterate their commitment to justice, the rule of law, and the fight against impunity.  “It is our collective responsibility, in collaboration with international and non-governmental organizations, to lay down conditions which allow human rights to be effectively exercised at a national, regional and international level,” he said.  Recommendations adopted at the international conference of experts, organized by the Austrian Government in August to discuss how best to strengthen local implementation of the Vienna Declaration and Programme of Action, deserved the Committee’s full attention and should be an inspiration for future work.

SERGEI CHUMAREV(Russian Federation) noted that “human rights” was being used by some Members States as a way to advance their political ideology, and a kind of “human rights doctrine” -- a major component of “mass political culture” ‑- was having negative impacts on the cultural and national identities of people and their traditional value systems.  It was entirely possible for believers in the human rights doctrine and their democratic bodies to adopt double standards, thereby contributing to the emergence of totalitarian regimes.  An example from Europe included the birth of Nazism and xenophobia, including Russophobia.  The human rights doctrine was a form of state ideology, exemplified by the return of the police state which interfered in people’s private lives.  The international community should avoid exporting that human rights ideology through economic circles, which resulted in the commercialization of human rights, in a kind of “market of human rights services”.

He said that such a human rights ideology, which claimed to be universal, had not been able to prove its effectiveness in settling intergovernmental and interpersonal conflicts, such as conflicts over religion or the implementation of various economic, social and political rights.  United Nations agencies involved in advancing the cause of human rights seemed to underestimate the value of holding dialogues among civilizations, and of fostering respect for religious values.  It was important for them to look at the interdependence of all categories of rights, and to examine the question of rights from a philosophical angle.

He said the Russian legal tradition gave primacy to the notion of collective rights -- an organic unity of rights and duties of individuals in society, as embodied by responsible interactions between people.  It was important to adopt a critical view of various attempts to create an ideal society, which was only serving to alienate people from their roots.  He ended by stressing that he did not claim to establish an ultimate truth about human rights, but aimed to promote the idea of exploring the idea of “rights” through a dialogue of cultures.  He appealed for a fresh look at many human rights dogmas that had led to the “emasculation” of the profound humanistic content of Universal Declaration and the Vienna Programme of Action.

MAGED A. ABDELAZIZ( Egypt) said the establishment of the Human Rights Council, and the endorsement of its “institutional building package”, followed by the launch of the Universal Review Mechanism and the review process of the mandates of special procedures, were among the steps taken by the international community to reformulate the human rights agenda.  However, the world was still witnessing attempts on the part of a few who wished to “impose their view” on how certain concepts and internationally agreed standards should be applied, making it necessary to redirect international efforts on a number of key tracks.  As a start, the international community should confront certain nations for their “sense of superiority” -- in assuming that their values, cultures and social and legal justice systems were superior to others.  “We should not be misguided by the attempts to limit the consideration of human rights issues to those related to civil and political rights, at the expense of economic, social and cultural rights,” he said.

Headded that full respect for the principles of international law and the complementarity between international human rights law and international humanitarian law would require a simultaneous recognition of “the right to development” as a fundamental right.  Giving due attention to the right to development would allow for the provision of better living standards that would contribute to the promotion of human rights, with no attached conditionalities aimed at imposing “controversial concepts” or linking them to development assistance.  It would also entail “respecting the institutional balance” between the General Assembly and the Economic and Social Council in supervising the activities of the Human Rights Council and its special procedures and treaty bodies, while ending the use of the Security Council as a tool to politicize human rights questions.  Further, there should be a clear commitment not to supersede the Third Committee’s mandate as the Assembly’s negotiating body on human rights issues.  Further, countries should not override the mandate of the Human Rights Council by tabling country-specific resolutions or creating parallel structures in an attempt to strengthen the Office of the Human Rights Commissioner, or by appointing people responsible for monitoring human rights situations to the offices of United Nations developmental programmes.

He said the international community must reinforce the notion that “human rights” was primarily the responsibility of national Governments, such as when coming to a comprehensive international understanding of the “responsibility to protect” and on “human security”.  Also, efforts should be made to correct the geographical distribution in the staffing structures of the Office of the High Commissioner, and in striking a balance between the assessed regular budget and voluntary contributions.  The international community should engage in constructive dialogue based on respect for “cultural identities and particularities”.  Egypt was seeking to improve its legislative framework to encourage the articulation of a communal idea of human rights.  Such efforts had led to the adoption of constitutional amendments through a referendum to create a larger degree of balance between the Presidency, the Government, Parliament and the courts.

Mr. CASAL ( Venezuela) said, at the adoption of the Universal Declaration on Human Rights 60 years ago and at the adoption of the Vienna Declaration and Programme of Action 15 years ago, individuals had expressed their hope for the protection and promotion of all human rights, including rights to peace, justice, equality, rule of law, and better living conditions.  Yet, despite significant achievements over the past 60 years, including the creation of the Human Rights Council, many of those rights had still not been satisfied.  Success now depended on the political will to implement the principles of human rights, enshrined in those declarations.  International cooperation was the only means to achieve universal respect and compliance with basic human rights, and such cooperation should be based on genuine dialogue, with respect for the social, cultural, and political legacies of different regions.

He expressed his county’s deep concern over the apparent neglect by some countries of their international commitments, including their commitment to solidarity and cooperation.  Solidarity was closely tied in with human rights and the achievement of collective goals in the field.  Countries of the South had launched numerous initiatives, based on the principle of solidarity, which had resulted in concrete examples of success.  Consumerism, capitalism that benefited only a few, and financial speculation worked against the notion of solidarity.  Turning to the Office of the High Commissioner for Human Rights, he said the new High Commissioner should work to remove all obstacles on the path to the achievement of human rights, especially in regards to the promotion and protection of the right to development.  A clear and transparent dialogue between the Office and Member States was essential.  In closing, he said the poor of the world were calling for a new international order, where human rights would prevail over economic interests.

Introduction of Draft Resolutions

The Committee then resumed its consideration of the agenda item relating to the advancement of women with the introduction of three draft resolutions.  The representative of the Netherlands, speaking also on behalf of Belgium, introduced the draft resolution on the intensification of efforts to eliminate all forms of violence against women (document A/C.3/63/L.12), which reflected the committed and comprehensive response of Member States on the issue.  A culture of impunity for acts of violence against women continued to exist throughout the world and, as such, the main theme of the current draft resolution was aimed at ending that culture of impunity, he said.  Negotiations on the draft resolution were taking place in an open and constructive manner and contributions on best practices proposed by Member States with a view to ending impunity were being included in those discussions.

Introducing the draft resolution on the future operation of the International Research and Training Institute for the Advancement of Women (INSTRAW) (document A/C.3/63/L.14), the representative of Antigua and Barbuda, speaking on behalf of the “Group of 77” developing countries and China, said that the draft recognized important contributions of INSTRAW to the implementation of the Beijing Declaration and Platform for Action and its role in promoting gender equality and the empowerment of women.  The draft text also acknowledged the Institute’s contributions to ongoing efforts on gender mainstreaming, through its research and training outputs involving national gender machineries, academic institutes, regional intergovernmental organizations, non-governmental organizations and the private sector.  She invited all Member States to continue to provide assistance and political and material support to the Institute, through voluntary contributions, substantive involvement in the Institute’s projects and activities, and by offering unconditional support and co-sponsorship to the draft text.

The representative of Senegalthen introduced the draft resolution on supporting efforts to end obstetric fistula (document A/C.3/63/L.15), while highlighting the slow progress overall on achieving Millennium Goal 5 on maternal health.  Obstetric fistula continued to be a major issue in many developing countries and the condition continued to be the cause of far too many deaths.  Its victims were often poor, illiterate and had little or no access to health services.  The draft resolution was aimed at raising public awareness of the condition, with a view to prevention.  The text did not contain any substantial changes from a similar text that had been adopted at the previous session, but it did contain the recommendations made by the Secretary-General in his report.  On that subject, she noted the late submission of the Secretary-General’s report and suggested that, in the future, an earlier submission of the report would facilitate more effective discussions on the issue within the Committee.

Resumed Debate

CHRISTIAN EBNER (Austria), aligning himself with the statement by the European Union, informed the Committee that an international expert conference had been held in Austria from 28 to 29 August on the occasion of the fifteenth anniversary of the World Conference on Human Rights in Vienna.  Entitled “Global Standards –- Local Action”, the conference gathered national human rights institutions, civil society groups, educational institutions, United Nations agencies and human rights experts.  Its purpose had been to assess progress and identify major challenges in the implementation of international human rights standards from the perspective of local and regional human rights actors.  The Vienna Programme of Action had had a significant impact on the development of human rights standards and machinery, leading, among other things, to the creation of the Office of the United Nations High Commissioner for Human Rights.

He said the major message emanating from that conference had been that, while the existing human rights framework was working well and “should not be put to question”, there was a gap between standards and their implementation on the ground.  In particular, participants said efforts to secure universal ratification of all major human rights treaties should be strengthened.  People in all countries must be better informed about their rights through human rights education and have access to justice when their rights were violated.  National human rights institutions should be established to work in cooperation with international human rights monitoring bodies, and human rights texts should be translated into local languages.  Recommendations made by United Nations human rights mechanisms should be regularly integrated into the Organization’s development of programmes and field activities.  Local stakeholders must be engaged in that process, in order to increase local ownership.  Cooperation between United Nations human rights mechanisms and human rights mechanisms at the regional level should be enhanced to ensure better coordination on issues of mutual concern.

SARAH MWAIPOPO (United Republic of Tanzania) said her country was committed to promoting human rights, and was party to the core human rights instruments of both the United Nations and African Union.  During the past two years, it had submitted four country reports on the Covenant on Civil and Political Rights, the Optional Protocol to Rights of the Child, and the Women’s Anti-Discrimination Convention.  The Government was preparing the country report on the International Covenant on Economic, Social and Cultural Rights, for submission “in due course”.  The Government had been encouraged by the constructive dialogue during its report presentation and would work with treaty bodies to implement concluding remarks.  She requested streamlined reporting within treaty bodies, and reducing the time lag between report submission and presentation before the bodies.  She also underscored the importance of international cooperation in assisting developing nations to fulfil their treaty obligations.

She commended the treaty body chairs, for their preparedness to test new approaches, and the working group on the Optional Protocol to the Covenant on Economic, Social and Cultural Rights, for finalizing the draft adopted by the Human Rights Council.  Her country would undergo a review in 2011 by the Universal Periodic Review mechanism, and would need technical assistance in the preparation process.  Supporting the commemoration of the sixtieth anniversary of the Universal Declaration, she said her Government had passed a circular declaring 10 December National Human Rights Day, and also continued to implement the Vienna Declaration, notably through “fruitful discussions” with the Special Rapporteur, on the illicit movement and dumping of toxic wastes, who visited the country from 21 to 30 January.  His Government was now working to implement his recommendations.  The United Republic of Tanzania reiterated the need for global cooperation in implementing human rights standards.

SEYED MOHSEN EMADI ( Iran) said the adoption of the Vienna Programme of Action and holding of the World Conference on Human Rights had marked a turning point for human rights.  Yet, six decades since the adoption of the United Nations Charter, and the Universal Declaration of Human Rights, as well as the Vienna Programme, most of the international community’s aspirations regarding international cooperation in the field of human rights remained unfulfilled.  To achieve the Vienna Programme’s lofty goals, Member States must create favourable conditions for their implementation.  Iran had always rendered support to improving the effectiveness of United Nations human rights organs and had enjoyed good relations with the Office of the Human Rights Commissioner.  The Government of Iran had planned to provide voluntary funding to organize a seminar on human rights and cultural diversity, to be held in Geneva in the near future.

He said Iran had initiated a number of human rights dialogues with some countries, namely members of the Non-Aligned Movement and the Organization of Islamic Conference.  The Government would soon designate 5 August as “Islamic Human Rights and Human Dignity Day”, a proposal that was adopted at the thirty-fifth session of the Council of Foreign Ministers of the Organization of Islamic Conference on 19 May.  Iran also had the honour of hosting the Non-Aligned Movement Centre for Human Rights and Cultural Diversity, along the lines of the Tehran Declaration and Programme of Action on Human Rights and Cultural Diversity.  He indicated that the Vienna Declaration and Programme of Action had put particular emphasis on the right to development as an “inextricable” component of human rights.  But, the realization of that right still faced obstacles.

WARIF HALABI ( Syria) said the fight against slavery, oppression, deprivation and poverty, and even the fight for the right to nutrition and daily subsistence, were manifestations of the overall fight for human rights.  But, each nation should be given the chance to view the notion of “human rights” through its own lens, as shaped by their culture and traditions.  Further, human rights must be upheld in a fair, just and “equal” way, and without double standards, and taking into account the socio-religious and historic characteristics of each country.

She said that, for its part, the economic, civil, political and social rights of Syrians were enshrined in the country’s Constitution.  It had ratified over 17 human rights instruments, including the 7 main human rights documents.  It was unfortunate that the politicization of the human rights issue had allowed some countries to place pressure on others to obtain political concessions.  Some States that were worthy of help were deprived of loans and other forms of assistance.  Advances in various fields of knowledge had led to marked improvement in human life; yet humankind still lived in need.  Local conflicts were causing human disasters, the most brutal of which were being committed collectively, such as through ethnic cleansing.  The Vienna Programme provided for measures to ensure that human rights standards were being upheld, to be guaranteed through legal protection against violations.  According to such human rights standards, foreign occupation was a serious violation of human rights.  Consequently, ending human rights violations would mean putting an end to foreign occupation.  It was high time that the international community imposed certain human rights standards, as enshrined in United Nations Charter, to address the serious violations posed by foreign occupation.

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For information media • not an official record