THIRD COMMITTEE HEARS HIGH COMMISSIONER FOR HUMAN RIGHTS

UNCLAS USUN NEW YORK 001045 DEPT FOR IO/HR, DRL/MLGA, PRM/PIP, S/GWI SIPDIS E.O. 12958: N/A TAGS: PREL PGOV PHUM SOCI UNGA MY SUBJECT: THIRD COMMITTEE HEARS HIGH COMMISSIONER FOR HUMAN RIGHTS AND SPECIAL ADVISOR ON MYANMAR ¶1. SUMMARY: High Commissioner for Human Rights, Pillay, told the UN Third Committee of her priorities for the upcoming year and justified the controversial Goldstone Report on human rights violations in the Gaza Strip. END SUMMARY. ¶2. Following are summary points of the High Commissioner for Human Rights' (HCHR) statement to the UN General Assembly's Third Committee on October 21. HCHR Pillay, referring to the Goldstone report, now in the hands of the UNGA, said that possible effects on the peace process are not a sufficient rationale to ignore accountability for human rights violations. She noted that her office, OHCHR, has identified six thematic priorities to guide its upcoming work: - Ensuring the realization of human rights in the context of migration; - Eliminating racial, gender, and religious discrimination; - Protecting economic, social and cultural rights in efforts to combat inequalities; - Protecting human rights in armed conflict, violence, and insecurity; - Combating impunity and strengthening accountability and rule of law; - Strengthening international human rights mechanisms. ¶3. Pillay reported that OHCHR had established an internal Task Force to strengthen its work on racism and intolerance and that OHCHR had joined the SG's High-Level Task Force on the food crisis and participated in the GA High-Level Conference on the financial crisis. She highlighted the Early Warning and Urgent Action Procedure of the Committee on the Elimination of Racial Discrimination as a model to be utilized and emulated. She noted that OHCHR had deployed a fact-finding mission to Honduras on October 18th, and said she will submit her report during the 13th session of the Human Rights Council. Pillay added that she will address the Security Council Counter-Terrorism Committee, stressing the need to uphold human rights while fighting terrorism. COUNTRY QUESTIONS ¶4. Chile and Colombia asked what Pillay's views were on the creation of a mechanism that gave special attention to women and girls and what mechanisms would be put in place to boost cooperation with States, including national partners, such as civil society organizations. Sudan and Maldives asked if more attention would be given to the effects of climate change. China remarked that the HCHR should receive more guidance from the HRC and that the GA should take more of a hand in determining her mandate. Sweden, New Zealand, and Liechtenstein asked how the Office would improve the follow-up procedure of treaty monitoring bodies and how States could best support efforts to mainstream human rights within the UN. They also asked how accountability to violations would be supported. ¶5. Syria, Palestine, Egypt and Sweden referred to the Goldstone Report, asking what the international community needed to do, including UN, to ensure accountability. Egypt also asked for more information about the trafficking-in-persons programs and her views on the overall gender coordination efforts within the UN. Pakistan, Malaysia, and India wanted to know about work being done on the issues of inter-religious and inter-faith dialogue and what her Office was doing to ensure that special procedures upheld the code of conduct. They also asked about the geographic imbalance in her Office and how she planned to remedy it. ¶6. Mexico's delegate wanted more information on achievements of the rights of migrants. The U.S. and Australian representatives asked Pillay to elaborate on strengthening human rights mechanism, including their weaknesses, and how their independence could be ensured. The delegate of the United Kingdom welcomed the establishment of the office in Nepal and asked how that office would inform work being done elsewhere. Iran asked about good practices initiatives and the provision of technical assistance. Benin asked how her activities could reach everyday people at the grass-roots level. Several countries asked about MDGs HIGH COMMISSIONER'S RESPONSE ¶7. Responding, Ms. Pillay said the Human Rights Council was an essential element of the overall UN reform, including its Universal Periodic Review. Regarding her Office's independence. She said transparency, discussion and dialogue would provide a better understanding of the work and independence of the Office. She said improving the geographical diversity of her Office was imperative and that reform measures were improving the diversity of her staff. She also noted that she had to abide by the staffing rules, including internal candidates, set forth by the General Assembly and if there was dissatisfaction, perhaps those rules should be reviewed. ¶8. Regarding fears that special procedures were exceeding their mandates, she said the mandate-holders had taken the code of conduct very seriously and had engaged in ongoing dialogue with Member States. Concerning implementation, she said she had asked for States to be given technical assistance and resources to support the implementation of recommendations and she would like to see greater coordination among civil society and treaty bodies to implement recommendations resulting from the UPR. ¶9. Responding to Benin's delegate, she said it was developing human rights education and training materials and could be used to support national efforts. To date, over 200 non-governmental organizations had participated in her Office's training sessions but noted that more still needed to be done in training workshops. Regarding questions on the MDG, she stressed that human rights values permeated and underpinned all eight goals. She was trying to ensure that that specific human rights language was inserted in the MDGs. ¶10. Responding to Mexico, she said her Office was preparing for the Global Forum on Migration and Development. She had addressed a panel on alternatives to detention and the conditions of detained migrants and said the Convention for the Protection of the Right of All Migrant Workers and Members of Their Families was the basis on which her Office would plan its actions. On questions relating to women's rights and gender, she strongly supported a new gender architecture. She mentioned that she wanted to participate in the process to select the head of that entity. ¶11. She acknowledged that climate change effects were felt not only by States or economies, but by individuals. She called on all States to abolish the use of the death penalty and ratify the second optional protocol of the International Covenant on Civil and Political Rights. ¶12. Regarding achievements in Nepal, she said a judicial commission was established to investigate serious incidents. It had led to laws being amended, including a draft bill criminalizing disappearances and creating a commission on disappearances. In response to Sweden, she said investigations into human rights violations required independent expert mechanisms that were free from interference by parties to a conflict. She said assistance provided by her office to national investigations and prosecutions was done based on the principles in the Rome Statute. ¶13. In regard to Palestine, Egypt, Syria and Sweden on the situation in Palestine and the Goldstone Report, she said that the Human Rights Council had addressed that matter, and 25 Member States had adopted a resolution placing it under the Assembly's jurisdiction. Nevertheless, she said the Goldstone report had made important recommendations aimed at ending impunity, and accountability should not be sidelined in the name of the peace process. Regarding people under foreign occupation, she said she recognized the vulnerability of such persons and had always insisted on the full application of international law, including refugee and international criminal law, and was providing assistance in the Occupied Palestinian Territories and other places. MYANMAR ¶14. Mr. Ibrahim Gambari, Special Advisor to the Secretary-General, introduced the report on the situation of human rights in Myanmar from August 25, 2008 to August 25, 2009. It covered the SG's visit on July 3-4, 2009, where he laid out his five-point agenda: 1) the release of political prisoners, 2) the promotion of dialogue with stakeholders, 3) creating conditions conducive to a credible electoral process, 4) addressing the country's economic challenges, and 5) regularizing engagement through UN good offices. He urged political parties and ethnic nationality groups to engage constructively in the political process. ¶15. Gambari assessed the high turnout at a meeting of the Group of Friends on Myanmar as a demonstration of strong interest in the future of Myanmar and a unity of purpose in three areas: 1) to encourage Myanmar to work with the UN to ensure an inclusive dialogue process, 2) to maintain the role of the UN in helping Myanmar meet its immediate and long-term challenges, and 3) to signal the international community's willingness to help the people of Myanmar address its political, humanitarian and development challenges, especially the MDG. At the General Assembly, Prime Minister Thein Sein said Myanmar was committed to hold free and fair elections in 2010. ¶16. Gambari noted two particular issues of interest since the SGs visit last July. He said the trial and sentencing of Daw Aung San Suu Kyi was a missed opportunity to signal commitment to a new era of political openness and inclusiveness. Also, tensions had flared between the Government and armed ethnic groups in August, highlighting the importance of dialogue. However, the SG was encouraged by the release of over 130 political prisoners and resumed talks between Daw Aung San Suu Kyi and the Government. Gambari said three concerns still needed to be addressed or Myanmar's commitment to the political process would be in doubt: 1) the release of all political prisoners and their free participation in the political realm, 2) a dialogue between the Government and opposition ethnic groups, and 3) conditions conducive to credible elections. Myanmar, he said, still needed to address the pressing humanitarian and socio-economic challenges facing its people, especially in regard to the MDGs. STATEMENT BY MYANMAR ¶17. The delegate of Myanmar stated that progress had been made since the SG's visit and that the report failed to note that over 7,000 prisoners were released last month. He also said that every right of defense and appeal had been granted to Aung San Suu Kyi. He denied that anyone had been jailed because of his or her beliefs. Q&A ¶18. Japan and the U.S. asked about further plans to release more political prisoners, including Aung San Suu Kyi. Mr. Gambari suggested that the question on the release of more political prisoners be directed to Myanmar because he had no information, but, based on past experience, he said he believed that the Government would continue granting amnesty to political prisoners. Mr. Gambari assured the delegate from Japan that the SG had coordinated with the Association of South-East Asian Nations (ASEAN),and that the Group of Friends of the SG on Myanmar had had nine meetings. In terms of lowering tension between the Government and armed ethnic groups, he said the SG's good offices had a good understanding of underlying causes and believed that there was no alternative besides dialogue. ¶19. Gambari said his mandate had obligated him to coordinate his activities with the Special Rapporteur on the situation of human rights in Myanmar, exchanging views before, during, and after each visit. They have also discussed their draft reports to the General Assembly. Rice