International: Freedom of religion and Human Rights Defenders

Walter Kalin, the Representative of the Secretary-General on the human rights of internally displaced persons, presenting his reports, said as this dialogue was unfolding, more than 26 million people in over 50 countries continued to be internally displaced, away from their homes, as a result of armed conflict or other violence. Many millions more were internally displaced due to natural disasters. The Council should address situations where forced and arbitrary displacement resulted from deliberate Government policy and due to the action of ruthless non-state armed groups as a priority concern. The Council should remain open to consider all aspects of internal displacement and their human rights implications. Over the last 12 months, Georgia and Chad had invited him to carry out official visits. He had also had the opportunity to directly engage with the authorities of several other countries through a number of working visits, including visits to Bosnia and Herzegovina, Colombia, Timor-Leste and Sri Lanka to follow up on previous missions. In the remainder of 2009, he planned to carry out further country visits, and had asked the Philippines to extend an invitation, as well as reiterating his request to carry out a visit to Sudan, including the Darfur region. He also intended to visit Somalia as soon as security conditions permitted, and he urged the Council and the international community in general to increase their attention to this critical situation.

Joy Ngozi Ezeilo, Special Rapporteur on trafficking in persons, especially women and children, said trafficking in persons continued to pose a serious challenge to humanity, and required a concerted international assessment and response through genuine multilateral cooperation among countries of origin, transit and destination in order to be eradicated. On the basis of her mandate, her first annual report was devoted to an analysis of the problem of trafficking in persons, and the scope of the mandate, as well as her vision of how she intended to carry out her work. In terms of the challenges associated with tackling human trafficking, the lack of reliable and complete data was a major problem. There was also a need for close international cooperation. The root causes of trafficking, such as demand for cheap labour, sex tourism, widespread poverty, gender discrimination, conflicts, corruption and restrictive immigration policies were insufficiently tackled. In light of her analysis, Ms. Ezeilo said she had made a range of recommendations, including urging States to ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and that States should take immediate steps to incorporate the provisions of the Palermo Protocol in their domestic legislation. States should also consider urgent action to address the root causes of trafficking, such as growing poverty, youth unemployment and gender in equalities, which increased vulnerability to trafficking, especially of women and girls.

Francis Deng, the Special Adviser on the Prevention of Genocide to the Human Rights Council, said sovereignty was a positive concept of the responsibility of the State to protect its own citizens and all those under its jurisdiction, if need be with the support of the international community to enhance the capacity of the State to discharge its national responsibility. It was only if a State was failing to discharge its responsibility and masses of people were suffering and dying that the international community was called upon to be more assertive in providing protection to those who fell into the vacuum of national responsibility. The concept of sovereignty as responsibility, which guided him in his work as representative of the Secretary-General on internally displaced persons from 1992 to 2004, had since been strengthened and mainstreamed into the responsibility to protect, which stood on the same three pillars of the primary responsibility of the State, international support for the State, and a more robust international involvement when the State was manifestly failing to discharge its responsibility amidst massive suffering and death. Genocide was a manifestation of a national crisis of identity that involved an extreme degree of conflict. The challenges to prevent, manage and resolve those conflicts were to address the urges of identity stratification, discrimination, marginalization, and exclusion and to develop policies and strategies that promoted inclusivity and equality in the enjoyment of all the rights of citizenship. This should provide a common ground that should transcend divisive controversies on the negative perception of sovereignty as a barricade to external involvement and postulate its positive values as a concept on one's responsibility to protect one's citizens, if need be with the support of the international community. That was the only meaning of sovereignty that was credible and sustainable.

Asma Jahangir, the Special Rapporteur on the freedom of religion or belief, and Margaret Sekaggya, the Special Rapporteur on human rights defenders, presented their reports in the midday meeting today. (See HRC/09/30 of 12 March). They also made concluding remarks during the afternoon meeting.

In the interactive dialogue on freedom of religion or belief and on human rights defenders, some speakers shared the view of the Special Rapporteur on human rights defenders that the valuable work of human rights defenders needed to be recognised and promoted in the Universal Periodic Review as much as possible in order to better protect human rights defenders and to improve the conditions in which they worked. Others said that the Universal Periodic Review related elements of the report corresponded neither to the mandate of the Special Rapporteur nor to already established principles and objectives of the mechanism. Some speakers raised concerns about the Bahai religious minority. One speaker said that last year witnessed the rise of religious intolerance, in particular its contemporary manifestations in several parts of the world. Stereotyping of religions, prejudice and insult to religious feelings sometimes hiding behind freedom of expression were taking the shape of trends which may have many ramifications. The human rights machinery should therefore explore and where needed, take effective measures at the international level to better protect and realize individuals' rights. Another speaker said that the most lasting and effective way to encourage acceptance of religious diversity and minimise discrimination on the basis of religion was through education.

Speaking in the interactive dialogue on freedom of religion or belief and on human rights defenders were Canada, Azerbaijan, Kuwait, Qatar, United States, Australia, Serbia, Iran, Tunisia, Uzbekistan, Djibouti, Armenia, Ireland, Algeria, Uganda, Denmark, Malaysia, Republic of Korea, United Kingdom and Colombia. The National Human Rights Commission of Togo also took the floor, as did the following non-governmental organizations: Amnesty International, European Centre for Law and Justice, Baha'i International Community, Colombian Commission of Jurists, Human Rights First, World Organization against Torture, in a joint statement with International Federation of Human Rights Leagues, Cairo Institute for Human Rights Studies, France Libertés – Fondation Danielle Mitterrand, and Asian Forum for Human Rights and Development (Forum-Asia).

The Democratic Republic of Korea, Sri Lanka, Iraq, Iran, Egypt, Morocco and Japan exercised their right of reply.

When the Council next meets at 10 a.m. on Friday, 13 March, it will conclude its interactive dialogue on the reports on internally displaced persons, trafficking in persons, especially women and children, and on the prevention of genocide. It will then start its consideration of reports by the Independent Expert on minority issues, Gay McDougal. If it has time, the Council will also start the general debate on the current agenda item on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development.

Continuation of Interactive Dialogue on Freedom of Religion or Belief and on Human Rights Defenders

DANIEL ULMER (Canada) said all human rights were universal, indivisible, interdependent and interrelated, as noted in the report by the Special Rapporteur on freedom of religion or belief. Canada remained concerned with situations around the world where minority religious groups were discriminated against, where equal access to education was not possible for minority groups, and where human rights defenders were systematically threatened, harassed and attacked. Canada remained deeply concerned by the situation of seven members of the Baha'i leadership in Iran, who had been recently charged with espionage after spending almost a year in prison without access to legal counsel; it appeared that these individuals were being prosecuted solely on the basis of their faith.

The Special Rapporteur on the situation of human rights defenders was also thanked for her overview of the strategic value of the Universal Periodic Review in potentially improving the situation of human rights defenders around the world, and Canada shared the view that the valuable work of human rights defenders needed to be recognised and promoted in the Universal Periodic Review as much as possible in order to better protect human rights defenders and to improve the conditions in which they worked.

SAMIRA SAFAROVA (Azerbaijan) said regarding the report of Asma Jahangir, the Special Rapporteur on freedom of religion or belief, that unfortunately, last year witnessed the rise of religious intolerance, in particular its contemporary manifestations in several parts of the world. Stereotyping of religions, prejudice and insult to religious feelings sometimes hiding behind freedom of expression, were taking shape of a trend which may have many ramifications. Places of worship and religious sites were still deliberately subjected to attacks and vandalism, especially when it came to the context of armed conflict. The human rights machinery should therefore explore and where needed, take effective measures at the international level, to better protect and realize individuals' rights. Intellectual debate on how correctly to define the clear line between incitement to religious hatred and freedom of expression or artificial theoretical argumentation still did not help millions of rights-holders.

Azerbaijan condemned all discriminatory and intolerant acts on the grounds of religion and belief and also in the name of religion which tarnished the image of religions. Followers of religions should not fall prey to extremism and radicalism. Religious communities, especially those living in receiving countries, should bear in mind that they did not only have rights but also duties. Interreligious dialogue was an undisputable tool in eliminating existing challenges and in this regard, Azerbaijan welcomed the Catholic-Muslim forum held last November. It agreed with the Special Rapporteur that the rule of law and efficiency of democratic institutions provided a favourable climate for such real dialogue and understanding.

ALIA AL-MUZAINI (Kuwait) said Kuwait had looked at the report on freedom of religion or belief and thanked the Special Rapporteur for her report as it covered a range of issues. Kuwait was committed to fulfilling all human rights which were indivisible. With regard to a call made by the Secretary-General on attacks on religion, everyone needed to look at their respective responsibilities in this context, and specifically with the recent discrimination facing Islam. Kuwait called on the international community to seek moderation and to combat discrimination in this context. Before the General Assembly, a representative of Kuwait said that "religions in their very text had the means to fight against discrimination, and that it was the men and women in the area of religion that had a responsibility to combat religious discrimination". Kuwait was surprised that the International Conference on the Dialogue of Religions held in Madrid in 2008 was not mentioned in the report. Furthermore, Kuwait wondered if the fund of donations created through the conference had been used to further the cause of religions.

FAISAL ABDULLA AL-HENZAB (Qatar) said the Special Rapporteur on freedom of religion or belief was to be congratulated, and her report gave a very clear overview, pointing out the obstacles lying in the way of freedom of religion or belief, and ways of overcoming this. She had described the international legal system and the state of religion in the world. Religion had a great positive effect, but could also whip up tension. Qatar wished to be a model for religion in the world, and had done all it could to strengthen freedom of religion and belief. Its Constitution enshrined fundamental rights and freedoms underlying the indivisible nature of these rights. As part of strengthening the legislative structure, the penal code in Qatar also listed that certain acts were an aggression and attack on these freedoms - defamation of religions, desecration of places of worship and others. As part of this respect for religious rights, Qatar had signed an agreement with the representatives of six Churches.

All this had been strengthened by awareness-raising and information campaigns, international conferences and other events bringing together the different viewpoints in order to promote tolerance between religions. The Government of Qatar was trying to ensure that it was in a position to recognise and acknowledge difference and coexistence between religions, and recognised that proper political will needed to be ensured in order to ensure peaceful coexistence between religions.

ANNA CHAMBERS (United States) said that the United States valued the ability of the thematic mandates to draw international attention to critical human rights issues. The report of the Special Rapporteur for human rights defenders reminded the Council that it had the opportunity to strengthen its support for courageous individuals and organizations around the world who stood up for human rights and fundamental freedoms. The United States supported the Special Rapporteur's efforts to work with regional mandate holders and human rights bodies, such as her joint visit to Togo and her efforts to strengthen ties with the Inter-American Commission on Human Rights. The Special Rapporteur's in-depth analysis of the first year of the Universal Periodic Review highlighted excellent suggestions for improving this mechanism.

The United States joined the Special Rapporteur in encouraging all States to include all civil society stakeholders – including human rights defenders - in the preparation of their Universal Periodic Review reports and their follow-up actions. The United States also believed that the situation of human rights defenders was an important topic to cover in submitted Universal Periodic Review reports and in the interactive dialogue. The United States welcomed the report of the Special Rapporteur on freedom of religion or belief, which highlighted the fact that Member States imposed undue limits on religious freedom or failed to adopt measures to promote and protect this fundamental freedom far too often.

MARIANNA LINNIK (Australia) thanked the Special Rapporteurs for their reports. Australia welcomed the release of the report of the Special Rapporteur on freedom of religion or belief.. The Government believed that the most lasting and effective way to encourage acceptance of religious diversity and minimise discrimination on the basis of religion was through education. Australia asked Ms. Jahangir, from her experience, what examples if any could she provide of best practices using education to minimise discrimination on the basis of religion? Regarding the report on the situation of human rights defenders, Australia congratulated the Special Rapporteur on her appointment. Australia noted with concern that, in many countries, people and organizations that promoted and defended human rights continued to face threats, harassment, and physical violence on the basis of their legitimate and commendable activities. Of particular concern was that human rights defenders in many countries, including women defenders and those working on the right of indigenous peoples, continued to be subject to violations and attacks.

Australia believed that NGOs had an important role to play in ensuring the protection of human rights defenders through the Universal Periodic Review process. Australia asked Ms. Sekaggya how could Member States encourage greater participation of non-governmental organizations in States' preparations for the Universal Periodic Review?

SLOBODAN VUKCEVIC (Serbia) said Serbia supported the work of the Special Procedures, whose work contributed to the wide range of human rights issues, and the Government was determined that it would cooperate fully with all the Special Procedures of the Council, extending an open invitation to them all. It had had constructive engagements with Ms. Sekaggya's predecessor. Being a country under review in the first year of the Universal Periodic Review, Serbia was fully aware of the advantages it offered. The Government of Serbia was ready to share its experience with all interested stakeholders.

One year ago, Serbia had noted that the previous Special Rapporteur on human rights defenders had noted that human rights in Serbia were vibrant and active. The Government had been putting a lot of effort into creating an unimpeded environment for the work of human rights defenders. In order to further enhance and intensify the interaction with civil society, the Ministry of Internal Affairs had signed a memorandum of understanding with a wide range of non-governmental organizations, with the aim of improving further the protection and promotion of human rights in the field. The Government would spare no efforts to protect the rights of all its citizens and to continue to improve the situation for human rights defenders..

ALI BAHREYNI (Iran) said with regard to the report of the Special Rapporteur on human rights defenders, Iran appreciated the overview of the Special Rapporteur's vision and priorities which were provided in her report to the last meeting of the General Assembly. However, Iran thought that before approaching some issues like what had been given priority in the present report of the Special Rapporteur about the relevance of the issues under her mandate and the Universal Periodic Review mechanism, there had been a need to complete the conceptual work within the mandate and to elaborate the main criteria in order to define human rights defenders. Iran encouraged the Special Rapporteur to complement her visionary work with preparing a paper to this effect.

With regard to the report of the Special Rapporteur on freedom of religion or belief on her mission to the Occupied Palestine, Iran expressed its deep concern over the variety of alarming issues which had been reflected in the report. These concerns included restricted access for Muslims and Christians to places of worship, violation of the religious rights of persons deprived of their liberty, and the Israeli regime's discriminatory laws and practices and its official incitement to hatred. Meanwhile the report had failed to address the reality on the ground and the main cause of the atrocities which were happening in Occupied Palestine. The Special Rapporteur had also failed to point toward the nature of the occupation and the occupying power was based on racial ideologies.

ALI CHERIF (Tunisia) said that what should be pointed out about the situation in Tunisia was that the Government was firmly on the path towards becoming more modern and it had taken measures to proliferate human rights. Tunisia ensured the protection of human rights defenders who were a vital partner in democratization and political reform in the country. The Government of Tunisia stressed that they were combating any form of impunity through a number of mechanisms implemented to protect human rights. Those developments, among others, shed light on the fact that the Government was open-minded and encouraged political pluralism, among other things. Tunisia stressed that it would continue to live up to political challenges and often flawed use of human rights.

BADRIDDIN OBIDOV (Uzbekistan) said the report of the Special Rapporteur on the situation of human rights defenders focused mainly on the Universal Periodic Review. This was an inter-Governmental process which had been developed through comprehensive negotiations in order to establish an effective mechanism to address human rights situations in all Member States of the United Nations equally, transparently and constructively in accordance with the principles outlined in Resolution 5/1 of the Human Rights Council. Unfortunately, the Universal Periodic Review related elements of the report corresponded neither to the mandate of the Special Rapporteur nor to already established principles and objectives of the mechanism. Moreover, recommendations made to the Office of the High Commissioner for Human Rights and treaty bodies on the Review process were also not covered under her mandate. In future reporting, the Special Rapporteur should give more space to identifying concrete and effective strategies to better fulfil major tasks in accordance with her mandate and the Code of Conduct through adoption of a universal approach.

Non-governmental organizations (NGOs) were actively protecting human rights in Uzbekistan. The partnership, constructive relations and collaboration between the authorities and NGOs facilitated the development of civil society and the rule of law in the country. Uzbekistan paid attention to civil society, and they had participated directly in the preparations of the national report for the Universal Periodic Review. Registration of NGOs was carried out by the Ministry of Justice in accordance with the national law on NGOs which was in full compliance with international standards.

AHMED MOHAMED ABRO (Djibouti) said that Djibouti welcomed the report on human rights defenders and supported the Special Rapporteur's approach to human rights defenders in the Universal Periodic Review process. The success would be determined by the preparatory process and the participation of human rights defenders therein. Djibouti asked the Special Rapporteur about what measures could be taken to protect human rights defenders better at the international level?

SATERIK ABGARIAN (Armenia) thanked Ms. Sekaggya, the Special Rapporteur on human rights defenders, for the report, and took note of the addendum to the report and emphasized that information presented in reports should be as comprehensive as possible including various sources such as those of the Council of Europe. In this respect Armenia noted that the reference made in the report to the situation in Armenia was incomplete and did not fully reflect the real state of affairs. Events like 1 March became the true test of commitment for Armenia to proceed on the selected path unabated despite all challenges ahead.

Turning specifically to the points raised in the report, it was necessary to note that upon receiving the urgent appeal on 3 April 2008, it was not possible to immediately provide comprehensive information as the inquiry was being held at that time. Currently all the issues mentioned in the report had been resolved and the Council of Europe, which had closely monitored the situation of human rights in Armenia, including that of human rights defenders, reported all the developments concerning the people detained during the post-electoral protests. Armenia stressed that in June 2008, for the first time in its history, the National Assembly set up an Ad Hoc Commission for inquiry into the events of 1 and 2 March.

MICHEAL TIERNEY (Ireland) said with regards to the report of the Special Rapporteur on human rights defenders, it was interesting in how it addressed the Universal Periodic Review process and the degree to which issues pertaining to human rights defenders were being addressed in that process. Ireland noted with interest the recommendation by the Special Rapporteur that best practices relating to human rights defenders be shared, and also that States attempt to make specific recommendations on the issues relevant to defenders, in order to ensure a meaningful follow-up.

In cases where improvements could be made to the national processes of consultation, could the Special Rapporteur suggest ways in which the Council could promote the importance of such systematic consultation as a key indicator of commitment to the United Nations human rights system; how could consultation with marginalised groups or groups at particular risk be promoted and improved; and how could the Universal Periodic Review process be used to ensure that the possibilities for open debate about human rights issues remained open, Ireland asked.

LAZHAR SOUALEM (Algeria) said that Algeria had listened to the presentation of reports by the two Special Rapporteurs with great interest. With the implementation of the institutional architecture of the Council, it was agreed that all mandates of the former Commission would be reviewed in order to make them more effective, more visible and give them a universal dimension. The study carried out by the Special Rapporteur on human rights defenders on the manner by which the States had prepared their national reports, the process of the review carried out by the Working Group and the recommendations by the Human Rights Council remained in Algeria's view of a very limited impact, particularly concerning human rights defenders. It was certainly very early to evaluate the mechanism of the Universal Periodic Review and to carry out a full analysis.

The Universal Periodic Review process was an intergovernmental process which should have put an end to the politization and a selective treatment that was criticized by certain States. According to the mandate of the Special Rapporteur, the Special Rapporteur had to monitor the attacks on human rights defenders worldwide. However, the concerns of the Special Rapporteur should not interfere with the competencies of the Human Rights Council and the General Assembly which would start a revision of the Council's mandate and its subsidiary bodies in 2011.

JUSTINIAN M. KATEERA (Uganda) said the Government noted with interest the proposals of the Special Rapporteur, Ms. Sekaggya, on the potential of the Universal Periodic Review process to the enhancement of the protection regimes of human rights defenders. Uganda noted with concern the particular vulnerabilities of women defenders, and therefore sought the views of the Special Rapporteur on mechanisms that could be adopted to enhance their protection. Uganda was interested in the Special Rapporteur's views on the efficacy of regional mechanisms.

Uganda was of the view that regular collaboration with the African Union Commission would not only compliment its efforts, but would also strengthen the overall system. The Special Rapporteur's efforts in building this collaborative mechanism was also consistent with the mandate granted to her by the Declaration on Human Rights Defenders. Uganda reiterated its commitment to supporting and cooperating with the mandate of the Special Rapporteur on human rights defenders.

ARNOLD SHIBSTED (Denmark) said the report of the Special Rapporteur on freedom of religion or belief had been very interesting, in particular the impact of discrimination based on freedom of religion or belief on the enjoyment of economic, social and cultural rights, and could she elaborate on these issues: the report mentioned that the most salient issues raised in her recent communications remained among others questions of conversion - what measures was she undertaking to ensure the fulfilment of every human being's right to change their religion or belief; education was vital in the promotion of tolerance, and teaching about religions was the duty of schools - what measures was she taking to ensure that inaccurate or prejudicial educational material was not disseminated; and the protection of the rights of those belonging to religious minorities was central to the freedom of religion or belief - did she have any specific suggestions of how to improve the situation of these groups with regards to the enjoyment of economic, social and cultural rights, Denmark asked.

ABD. AZIZ AZRIL (Malaysia) said that Malaysia had studied the reports carefully and noted that the Special Rapporteurs had been engaging with many stakeholders in many programmes and activities in the course of discharging their mandates and Malaysia commended them for those efforts. Malaysia concurred with the view of the Special Rapporteur on freedom of religion or belief that interreligious dialogue constituted one of the principal means of countering sectarian attitudes and enhancing religious tolerance and understanding worldwide. Malaysia believed that such dialogue must be encouraged further. The goal of dialogue however, was not to impose one's viewpoint or even to reach consensus. Malaysia also believed that its interactions would be successful if Malaysia engaged in respectful dialogue, where it did not pass judgment on other cultural norms before examining its own. Dialogue must be undertaken with sincerity, frankness and in search of greater understanding.

As a country with a multi-religious and multicultural character, Malaysia had long practiced tolerance and understanding in particular on sensitive issue of religion and belief. Malaysia also commended the Special Rapporteur for undertaking a visit to the Occupied Palestinian Territories. It fully shared her concern at the rising trend both in the Occupied Palestinian Territories and Israel where children were being incited to express hatred towards adherents of other religions.

KIM PIL WOO (Republic of Korea) thanked the Special Rapporteurs for their extensive and insightful reports. The Republic of Korea said that it supported their mandates and was committed to cooperating with them. Freedom was a multifaceted issue and combating discrimination in this regard had become a challenging task as it involved a wide range of civil and political rights, among other rights, and in this regard the Republic of Korea appreciated the approach of the Special Rapporteur in addressing this issue. The Republic of Korea had become increasingly diverse and as such took her recommendations very seriously. The Republic of Korea welcomed the efforts taken to apply a gender perspective through identifying discrimination in the context of religious obligations, and asked the Special Rapporteur how could they prevent such practices or support the victims in this?

On enhancing protections for human rights defenders and given that the Universal Periodic Review was one of the core features of the Council, the Republic of Korea said that it was meaningful to pay attention to the contribution that human rights defenders made. Further, the wide participation of society at all stages was necessary in the protection of human rights defenders. It was recommended by the Special Rapporteur in her report that the outcome of the review should be held in conjunction with stakeholders reviews. Having said that, the Republic of Korea asked the Special Rapporteur how the creditability of such information could be verified, and what would be the role played by regional mechanisms in this regard?

BOB LAST (United Kingdom) said the United Kingdom welcomed the reports of the Special Rapporteur on human rights defenders, and supported her mandate. The United Kingdom welcomed her emphasis on the Universal Periodic Review process, particularly the comments on the importance of involving national civil society organizations in a meaningful way during States' preparations for their reviews. The United Kingdom agreed that the Review mechanism could be an important tool for dialogue, and presented a challenge to Governments and civil society to use its full potential to strengthen their cooperation and enhance protection for human rights defenders - how did she plan to take forwards these recommendation, and how did she plan to consult with civil society in the Middle East and Asia as she mentioned in her report, the United Kingdom asked.

Could the Special Rapporteur also provide an update on her request to visit Zimbabwe, the United Kingdom asked. The lack of progress in bringing the perpetrators of attacks against human rights defenders in Sri Lanka to justice was likely to fuel the perceived culture of impunity. Did the Special Rapporteur have plans to visit Sri Lanka and what action did she plan to take to improve protection for members of the media and human rights defenders? The situation for human rights defenders in Colombia continued to cause significant concern. Did the Special Rapporteur intend to visit either Burma or Iran?

ANGELINO GARZON (Colombia) thanked the Special Rapporteurs for the presentation of their reports.. Colombia restated its support for the mandate of the Special Rapporteur on human rights defenders. In relation to the Universal Periodic Review, Colombia had undertaken five commitments concerning human rights defenders, among them the improvement of the guarantees for the exercise of their work, ongoing dialogue, and developing a commitment as a part of the Tripartite agreement with the International Labour Organization. Colombia said that it would pursue its efforts to combat impunity. Colombia condemned the murder of a human rights defender in Cali and supported all efforts by the legal authorities to bring the murderers to justice. During the Universal Periodic Review an invitation to the Special Rapporteur had been extended. Colombia believed that such a visit would be extremely useful to continue the dialogue between the civil society and the Government. Without any doubt, the active participation of civil society was absolutely useful in this regard. Such a dialogue should involve all the regional governments which were often led by opposition leaders.

KOFFI KOUSTE, of the National Human Rights Commission of Togo, thanked the Special Rapporteur for her report. The Commission recalled that in the 1990s in Togo, the human rights situation had been very worrying, however today this had changed and there was now an increasingly better situation emerging in the field of human rights. The Commission encouraged the work done by the human rights defenders. The Commission expressed concern on properly addressing the protection of human rights defenders in Togo. The Commission wanted to increase the work done for human rights defenders, promoting partnerships, through forums, and round table discussions, and said that this could only be achieved with all international players.

PATRIZIA SCANELLA, of Amnesty International, said with regards to the report of the Special Rapporteur on freedom of religion or belief, her report was welcome, as was the attention it drew to restrictions on the religious activities of individuals and groups over the last years, including the imposition of legal or policy restrictions on registration of religious communities, places of worship, religious material, religious education, conscientious objection and proselytism. What assurances had the Special Rapporteur been given from the Government of Turkmenistan that it would implement her recommendations? Amnesty International remained concerned about reports of harassment and intimidation both of registered and unregistered religious groups. Did the Special Rapporteur have any plans to carry out missions in the Middle East and Asia in the future, Amnesty International asked.

Mr. PUPPICK, of European Centre for Law and Justice, said that it was an organization defending religious freedom. It appreciated that special attention had been given by the Special Rapporteur to the Christian community in the Holy Land. They were the target of violence and had to live their religion in a clandestine fashion. Their religious freedom had to be protected by the international community. The European Center for Law and Justice was very concerned about redefining human rights in view of freedom of religion and expression. The abuse of the weakest by the strongest could not be confirmed. If the concept of defamation was to be accepted this would give international legality to the repressive laws directed against religious minorities, as the laws against proselytism and blasphemy.

BANI DUGAL, of the Bahai International Community, noted that in the report of the Special Rapporteur on freedom of religion or belief, Ms. Jahangir communicated with the Government of Iran about the case of the seven Bahais who were held incommunicado for over three months, and who had been detained in the notorious section 209 of Evin prison in Tehran for 10 months – without access to their legal counsel, Ms. Shirin Ebadi. Further the report stated that the Government had not responded to this communication. Bahai International asked if the Special Rapporteur had received any information recently from the Iranian Government about this case?

GUSTAVO GALLION, of Colombian Commission of Jurists, said the Special Rapporteur was right that the Universal Periodic Review process on Colombia had helped to shed light on the serious situation of human rights defenders in that country. Only with an absolute commitment to guaranteeing the life and freedom of human rights defenders could the international community improve their situation. The attitude of the Government was a contradictory one - the Government said it had a policy of guaranteeing them independence, and also said that international non-governmental organizations and other organizations had a policy of discrediting it internationally. This shed discredit on the country, which had committed itself to improving the situation of the human rights defenders. Most cases of killings of human rights defenders were attributed either directly or indirectly to the Government.

ELIZABETH JORDAN, of Human Rights First, said that in every region in the world human rights defenders and their loved ones were facing harassment and violence and were limited in various human rights. The Universal Periodic Review was a useful tool to monitor the human rights defenders' situation. How could the Special Rapporteur assist countries in assuring human rights defenders' participation in the national consultative process in the preparation of the Universal Periodic Review?

CARLOS GARCIA, of World Organization against Torture, in a joint statement with International Federation of Human Rights Leagues, said the Special Rapporteur on the situation of human rights defenders had mentioned the necessity for questions and recommendations on human rights defenders formulated in the framework of the Universal Periodic Review process to be more precise and concrete, in order to be fully implementable. It was of the utmost importance that such recommendations complied with the Declaration on Human Rights Defenders and other international human rights standards and instruments. The inclusion of genuinely independent civil society activists in the preparation of the national report was essential. At the level of follow-up, inclusion of independent civil society was equally important. The situation of human rights defenders in conflict situations required particular attention, and the Special Rapporteur should address such situations more closely and interact with the United Nations Security Council when relevant.

HOSSAM BAHGAT, of Cairo Institute for Human Rights Studies, said that although the Egyptian Constitution guaranteed the right to freedom of religion and belief, many citizens suffered from a discriminatory registration policy when they attempted to obtain mandatory identification documents, where a citizen's religion had to be mentioned. Without any basis in statutory law, the Government refused to recognize conversion from Islam to any other religion, and limited available choices to the three State-recognized religions of Judaism, Christianity or Islam.

MARION BEETSCH, of France Libertés – Fondation Danielle Mitterrand, said that although regrettably the Declaration on Human Rights Defenders was not yet an internationally recognized instrument, it was undeniable that many of its articles were relevant here. Their promotion and protection constituted a crucial challenge in the implementation of all human rights. This aspect was well reflected by the Special Rapporteur's report on human rights defenders, several paragraphs addressed, inter alia, violations of torture and ill-treatment or the denial of freedom of movement were relevant here. These were all rights which were recognized in the International Covenant of Civil and Political Rights, as well as in the Declaration on Human Rights Defenders. Reference had also been made regarding the situation of human rights defenders in Morocco which continued to deteriorate. Human rights defenders continued to be the targets of repression that were justified by Morocco by the fact that the legislation justified all manifestation of dissent to attack to territorial integrity of Morocco and was therefore a risk to security and public order.

EMMA GERMANOS, of Asian Forum for Human Rights and Development (Forum-Asia), said for the Universal Periodic Review process to become a genuine platform to enhance the protection of human rights defenders, there must be inclusive and meaningful national consultations prior to the finalisation of the national report, as well as effective follow-up mechanisms on the national level to assess the status of implementation of the recommendations. The central and vital actors for these national consultations and follow-up processes were the national human rights institutions. There was a need for independent and effective national human rights institutes in the protection of human rights defenders on the ground, and the Special Rapporteur should express her views on whether she had any specific plan in discharging her mandate to further elaborate the role of the national human rights institutes for the protection of human rights defenders, and how she would strengthen her working relations with the national human rights institutes in Asia.

ASMA JAHANGIR, Special Rapporteur on the freedom of religion or belief, in concluding remarks, thanked all the States for their remarks, and in particular the ones who she had made a country visit to. With regard to the reservation made by Angola with respect to the Special Rapporteur visiting detention centres during her country mission there, that was the case with every country mission. Visiting detainees and detention centres was an important part of her work, as had proven to be the case in Angola, where she had discovered that over 95 per cent of persons detained did not have access to religious figures and did not have their dietary needs met.

On the comment made by Palestine regarding the case of the Al-Ibrahimi mosque in the 1990s, she stressed that her report was finalized in October 2008, and therefore it was not possible to include information on that case. Noting concerns that there was no mention of the recent events in Gaza in the report, Ms. Jahangir noted her mission to the area had taken place before the latest events, but highlighted that the Coordination Committee had issued a statement in January 2009 on the situation in Gaza, which was a departure from the usual practice of the Coordination Committee; however she strongly welcomed it.

Ms. Jahangir was deeply apologetic to the delegations of Saudi Arabia and Malaysia, and regretted that she did not receive their responses in time, and would therefore issue a correction in the next report. On human rights training for the police authorities and security forces, among others, the approach that must be taken was a rights-based approach. It was important that those being trained were exposed and sensitized to groups and religious minorities. An effective way to do that could be through the review of cases on how religious minorities suffered, and what they had experienced. Moreover, Government policies had to be clearly expressed, as sometimes relics of past administration's policies were maintained. Some speakers had also asked how could affirmative action could be implemented considering that there were challenges facing the identification of religion, for example in the workplace. She said that India was a good example to refer to, where statistical data in that regard was compiled; however, individuals were not identified by such on their identity cards, for instance. On the issue of the Bahai peoples, that was a confidential topic in which confidential procedures needed to continue to be carried out.

MARGARET SEKAGGYA, Special Rapporteur on the situation of human rights defenders, said that this was a very lively debate and that issues were still pending, such as whether the Universal Periodic Review process could be reviewed. The Universal Periodic Review process was now an opportunity for considering the situation of human rights defenders. Many delegations had pointed to best practices. She said that the present moment was not premature. As they went on, the Universal Periodic Review process was still ongoing. They should go on and see what was happening at every stage. Some countries were doing well; others were not.

Concerning regional mechanisms and her dealing with such mechanisms, the Special Rapporteur said that it was useful to share best practices. They were in the process of establishing a good relationship with all those mechanisms. As regarded country missions, some countries had already extended standing invitations. At the moment, she had accepted an invitation by Colombia, which she would visit since she knew that there were issues there. Armenia, Honduras and the Congo had also accepted a visit. Other countries were considering, and a number had not responded to her requests. All mechanisms of the State were important, including a vibrant civil society. She welcomed that countries such as Chile had shared best practices. Sometimes these best practices led to protection for human rights defenders. Serbia had also talked about best practices; that was also one of the countries to look at. The Czech Republic had also asked a question, and she was ready to dialogue with them. The Universal Periodic Review was a process in which the human rights defenders should be included; it should be an inclusive process. They would inject best practices as they came up. She thanked the Council for their ideas, questions and support for her work.

Documents

The Council has before it the report of the Representative of the Secretary-General on the human rights of internally displaced persons, Walter Kälin (A/HRC/10/13 and Adds.1-3), which, in a first section, addresses the status of the Guiding Principles on Internal Displacement 10 years after their submission to the Commission on Human Rights; the protection of persons displaced by natural disaster; and the inclusion of the issue of internal displacement and the people it affects in peace processes. The second part of the report addresses the Representative's activities including his country missions and working visits to Bosnia and Herzegovina, Colombia, Honduras, Kenya, Madagascar, Mozambique, Sri Lanka and Timor-Leste. The report concludes that progress has been made in the past 10 years towards greater recognition of the phenomenon of displacement caused by armed conflicts, situations of generalized violence, natural or human-made disasters and similar causes, and of the primary responsibility of national Governments to respond to such situations. At the same time, over the past 10 years the number of internally displaced persons has not declined but continues to increase, primarily as a result of the growth in disaster-induced displacement related to climate change, but also because of protracted displacement in the context of unresolved armed conflicts. More than 26 million people are currently internally displaced as a result of armed conflict or other violence in more than 50 countries, with the Sudan, Colombia, and Iraq having the highest numbers. In recommendations, among others, States are called on to advocate for the protection of persons displaced by the effects of climate change within current efforts to strengthen the normative framework on climate change. Governments, humanitarian and development agencies, and donors should also ensure that return or other solution is the result of an individual decision freely taken, without coercion, on the basis of adequate information.

A first addendum, the Representative's report on the protection of internally displaced persons in situations of natural disasters, is currently not available.

In Addendum two, the findings of an official mission to Georgia in October 2008, the Representative deeply regrets the current policies of the parties to the conflict on access to the Tskhinvali region/South Ossetia, which prevented his planned visit to this area. As a result of the hostilities in northern Georgia, some 133,000 persons became displaced within Georgia. The Representative welcomes the prompt response of the Government to that crisis and plans to find durable solutions for all IDPs, including those in protracted displacement since the early 1990s. However, he is concerned about the almost exclusive emphasis on infrastructure and recommends that the Government develop a comprehensive integration policy that would encompass the whole range of civil, cultural, economic, political and social rights of IDPs. With regard to the approximately 220,000 internally displaced persons living in displacement for more than a decade, the Representative welcomes the adoption, in late July 2008, of the Action Plan which foresees measures aimed at integrating IDPs into mainstream society and the information that a first draft of the new action plan has been prepared. Unimpeded humanitarian access to the Tskhinvali region/South Ossetia and Abkhazia continues to be a key concern. In recommendations, the Representative urges all parties to agree on a monitoring mechanism to ensure the protection of the human rights of the displaced population in all conflict-affected areas.

Addendum three contains the chairperson's summary of the High-level Conference on "Ten years of the Guiding Principles on Internal Displacement – achievements and future challenges", held in Oslo on 16 and 17 October 2008. Following a discussion of achievements and challenges, there are a number of recommendations. Among them, it is urged that planning for durable solutions must start soon after displacement occurs so as to facilitate the transition from humanitarian assistance to development through effective early recovery strategies. It also says that political dialogue, including peace negotiations, needs to ensure that IDPs' voices are represented and heard on all issues which affect them. Experience shows that early and sustained dialogue on issues relating to access to land, housing and property is essential to the identification of durable solutions..

The Council has before it the report submitted by the Special Rapporteur on trafficking in persons, especially women and children, Joy Ngozi Ezeilo (A/HRC/10/16), which provides a global perspective of the trafficking phenomenon and its trends, forms and manifestations. It looks at the definition of trafficking, as articulated in the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, and outlines the scope of the mandate. The report also examines the legal and policy framework, especially the human rights frameworks and mechanisms, for combating trafficking in persons at international, regional and national levels. A section is also devoted to outlining the vision and agenda of the Special Rapporteur for the mandate and the working methods she intends to use, including the gathering of baseline information and data mapping on all forms of trafficking, a focus on promotion and protection of human rights of trafficked victims, and awareness-raising, including on the root causes of trafficking in persons. In conclusions, the Special Rapporteur notes that the lack of reliable and complete data is a major problem and suggests that effective means for combating trafficking in persons will require enhanced information-sharing between States through bilateral and multilateral cooperation and increased data collection capacities, including through the systematic collection of gender- and age-disaggregated data. She recommends, inter alia, that States provide all trafficked persons access to specialized support and assistance, regardless of their immigration status and the granting of temporary or permanent residency status and/or access to services should not be dependent on participation in criminal proceedings.

The Council has before it the report of the Secretary-General on the efforts of the United Nations system to prevent genocide and the activities of his Special Adviser on the Prevention of Genocide (A/HRC/10/30), which describes a series of ongoing United Nations efforts to prevent genocide, including a new Framework of Analysis designed by the Special Adviser to determine whether there may be a risk of genocide in a certain situation. It also describes progress in operationalizing the "responsibility to protect", including a decision that implementation of the responsibility to protect should be conducted jointly with the office of the Special Adviser. The responsibility and essential contribution of the United Nations operational departments and specialized agencies in preventing genocide – from monitoring and early warning, to addressing ongoing genocide, to building peace and restoring justice – is emphasized. An update on the activities of the Advisory Committee on the Prevention of Genocide, including its October 2008 meeting, is also provided. The report then describes the response of the Special Adviser to specific situations of concern including, in the Democratic Republic of the Congo, the conclusion that there is cause for deep concern regarding the grave human rights and humanitarian situation in North Kivu, including the risk of genocidal violence, with implications for the entire subregion. The report briefly summarizes the Special Adviser's recommendations and, in a final section, describes a series of efforts by the Special Adviser to respond to the situation in Darfur, including his strong insistence that any decision by the International Criminal Court regarding the request for indictment of President Omar Al Bashir should under no circumstances lead to reprisals that would expose civilians in Darfur or in any other part of the country to even greater levels of violence, including the risk of genocide.

Presentation of Reports on Internally Displaced Persons, Trafficking and Genocide

WALTER KALIN, Representative of the Secretary-General on the human rights of internally displaced persons, said that, since he last addressed the Council in June last year, there had been the commemoration of the tenth anniversary of the Guiding Principles on Internal Displacement, which had become the normative point of reference for all actors dealing with internal displacement. It was now key to incorporate that framework into regional and national policies and legislation. He was particularly encouraged by the fact that the African region had been leading the way in shaping binding international treaties that incorporated the Guiding Principles. While those achievements were notable, the dire situation on the ground did not allow for celebration. As this dialogue was unfolding, more than 26 million people in over 50 countries continued to be internally displaced, away from their homes, as a result of armed conflict or other violence. Many millions more were internally displaced due to natural disasters.

Mr. Kalin said the Council should address situations where forced and arbitrary displacement resulted from deliberate Government policy or due to the action of ruthless non-state armed groups as a priority concern. The Council should remain open to consider all aspects of internal displacement and their human rights implications. No region was safe from natural disasters causing large-scale displacement and disasters were likely to increase in terms of frequency and magnitude due to climate change. No State or institution dealing with internal displacement had a perfect policy in place, but many had developed good practices that could be shared and adapted to the specificities of other country situations. The international community also had to remain open to engage in an open and constructive dialogue, especially with regard to the most difficult issues.

Mr. Kalin said the Council had asked him to seek dialogue with Governments, international and non-governmental organizations and also encouraged Governments to respond favourably to his requests for country visits. In that context, he was glad to report that over the last 12 months Georgia and Chad had invited him to carry out official visits. The need to adopt and implement a revised action plan in line with the requirements of the Guiding Principles on Internal Displacement was urgent. It was important that shelter solutions were understood as one essential – but not the only one – as a component of broader integration efforts. The Representative also had the opportunity to directly engage with the authorities of several other countries through a number of working visits, including visits to Bosnia and Herzegovina, Colombia, Timor-Leste and Sri Lanka to follow up on previous missions. In the remainder of 2009, he planned to carry out further country visits, and had asked the Philippines to extend an invitation, as well as reiterating his request to carry out a visit to Sudan including the Darfur region. He also intended to visit Somalia as soon as security conditions permitted, and he urged the Council and the international community in general to increase their attention to that critical situation.

JOY NGOZI EZEILO, Special Rapporteur on trafficking in persons, especially women and children, said she took on the responsibility of the mandate with a great sense of honour and a firm commitment to actively strive to promote a human rights-based approach to end the ugly phenomenon of trafficking in persons, especially women and children – a heinous crime that violated human dignity and impaired the enjoyment of human rights. Trafficking in persons continued to pose a serious challenge to humanity and required a concerted international assessment and response through genuine multilateral cooperation among countries of origin, transit and destination in order to be eradicated. On the basis of her mandate, her first annual report was devoted to an analysis of the problem of trafficking in persons and the scope of the mandate.

UNITED NATIONS Press release
Human Rights Council
Afternoon
12 March 2009