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