Human Rights Council discusses pressing human rights issues - 26 June Morning

ORDER OF THE DAY

[GENEVA, 26 June 2006] - The Human Rights Council this morning began its general substantive debate, taking up, under agenda item 4, namely, the Implementation of General Assembly resolution 60/251 of 15 March 2006, the situation of human rights in the occupied Arab territories, including Palestine; support for the Abuja Agreement; avoiding incitement to hatred and violence for reasons of religion or race; the human rights of migrants; and the role of human rights defenders in promoting and protecting human rights.

On the situation of human rights in the occupied Arab territories, speakers indicated concern at the negative impact the continued settlement activities, the construction of the barrier on Palestinian land and restrictions on movement and access had on the human rights of the Palestinian population. The Council should take concrete measures to redress the situation by dispatching immediately the Special Rapporteur to the region on a fact-finding mission; and ensuring the end of the economic siege of Palestine.

The Abuja peace agreement was vital in order to protect human rights in the Darfur region, speakers said, and it should be possible to strengthen the rights of all in the region. Through a constructive dialogue and cooperation, the international community should help the authorities based on the recommendations of the High Commissioner for Human Rights, and the Council should contribute to the various actions being taken to put an end to that worrying situation. Since respect for human rights was based on peace, it was hoped that a genuine human rights culture would prevail in the region.

Many delegations indicated the deep concern of their countries for the intensification of Islamophobia and ethnic and religious profiling of Muslims in recent years. Great importance was given to promoting greater tolerance and to combating all forms of discrimination based on religion or belief and incitement to religious hatred. Discrimination on the basis of religion was one of the most serious threats which undermined the efforts of the international community, speakers said. The struggle against all forms of religious and racial hatred, and the promotion of the dialogue among civilizations, should be addressed as an issue of great importance for the Council.

Several countries also took up the issue of migrants, pointing out that migrants could contribute to the social, economic and cultural development of all countries, and therefore it was a sine qua non not to forget the human rights of migrants, who were often fleeing from discrimination, violations of their fundamental human rights, and illicit trafficking in human beings. International mechanisms should be established and strengthened for sustained dialogue in addressing issues related to migration, especially in the context of human rights, and the Council would be an important forum to tackle issues relating to the human rights of migrants.

On the issue of human rights defenders, speakers said the level of protection and the level of freedom given to these defenders to exercise their functions were the clearest indicator of how far human rights prevailed. Grave concern was expressed about the continuing violations committed against persons engaged in promoting and defending human rights and fundamental freedoms around the world. The crucial role that certain individuals, non-governmental organizations and groups played in the promotion and protection of human rights and fundamental freedoms was also praised.

Taking the floor this morning were the representatives of Argentina, Pakistan for the Organization of the Islamic Conference, Mexico, Canada, Austria on behalf of the European Union, Peru, Japan, Switzerland, Tunisia for the Arab Group, Germany, Cuba, the United Kingdom, Bahrain, India, France, Algeria for the African Group, China, Jordan, the Netherlands, Morocco, Malaysia, South Africa, Azerbaijan, the Philippines, Tunisia, Senegal, Mali, Brazil, Sri Lanka, Saudi Arabia, Indonesia, and Bangladesh.

The next meeting of the Human Rights Council will be on Monday 26 June at 12 p.m. when it will continue with this general discussion.

Statements

SERGIO CERDA (Argentina) said that General Assembly resolution 60/251 covered the issues concerning the mandate of the Human Rights Council. The Council had to take forward the mandate of the Commission, but with a new focus, leaving behind confrontation and sterility and seeking to work better with the cooperation of States to ensure implementation of the commitments entered into by Governments. Any resolution taken henceforth had to be consistent with the main objective of the promotion and protection of human rights. According to that resolution all human rights had to prevail – that meant civil and political rights, as well as economic, social and cultural rights, including the right to development. The resolution evinced a clear wish on the part of the international community that they could not ignore.

Argentina wished to share its concern for the broad reaching themes outlined by the President, in particular that of protection of human rights defenders. The level of protection and the level of freedom given to these defenders to exercise their functions were the clearest indicator of how far human rights prevailed.

TEHMINA JANJUA (Pakistan), speaking on behalf of the Organization of the Islamic Conference (OIC), said for more than half a century, the people of Palestine and other occupied Arab territories had been victims of a great injustice and human rights abuses. The situation in the occupied Palestinian territory had worsened in recent months due to a rise in indiscriminate attacks by the occupying power killing, maiming and injuring the civilian population. Cutting off international aid, and denying legitimate tax revenues to Palestine had further aggravated the situation. The economic siege had traumatized the Palestinians. Food was scarce and medicines not available in hospitals. The Council should take concrete measures to redress the situation by dispatching immediately the Special Rapporteur to the region on fact-finding mission; and ensuring the end of the economic siege of Palestine.

OIC countries were deeply concerned about the intensification of Islamophobia and ethnic and religious profiling of Muslims in recent years. Manifestations of that phenomenon were expanding and its implications growing. Hate speech targeting Muslims, physical attacks them and their business, cultural centres, mosques and religious symbols were on the increase.

LUIS JAVIER CAMPUZANO (Mexico) said the Middle East situation was developing in a worrying manner. Respect for international humanitarian law was vital to promote peace and security in the region, and the Human Rights Council could help in this, in order to ensure harmonious co-existence and boundaries. It was important for the High Commissioner to provide the Council with information as to her view on how her Office and the Council could contribute to protecting the human rights of all in the region. In Sudan, the Abuja Peace Agreement was vital in order to protect human rights in the Darfur region. It should be possible to strengthen the rights of all in the region, and the Council should contribute to the various actions being taken to put an end to that worrying situation.

The opinion of the Human Rights Committee was that incitation to violence was incompatible with the freedom of religion and belief. The fundamental rights of others were incompatible with these, and improvements should be made in order to protect these rights better and ensure constructive exercise of the freedom of opinion. The challenges of international migration should be better addressed. This focus should be based on shared principles, in particular regarding human rights, and migrants should be further protected. In order to promote the struggle against xenophobia, discrimination and racism, and to fight the trafficking in persons, further work should be done, and the Council should go further to protect the rights of this vulnerable group.

PAUL MEYER (Canada) said that Canada was encouraged by the signing of the Peace Agreement in Darfur. In that regard, it supported the role of the Office of the High Commissioner for Human Rights in Sudan and the Special Rapporteur on human rights in Sudan, and asked them to brief the Council on the situation there at its next session in September. Canada was confident that the International Criminal Court investigation would also contribute to helping the situation. Canada condemned the situation in camps for the internally displaced, where rape continued to be used as a weapon of war, and called for perpetrators of human rights violations to be called to justice and held accountable.

Canada said that the situation in the Middle East was another cause of concern. The right of the people in the Middle East to live in security had repeatedly been refused. Terrorism had to be stopped. Police actions against terrorism, however, could not continue to endanger the lives of civilians. Canada welcomed the statement of President Abbas that he sought to cooperate with Israel in building peace for the two States. Canada also agreed with the High Commissioner that the continuation of myths and stereotypes that degraded or offended religious or cultural groups should be prevented. Canada supported the protection of human rights defenders, all of whom made enormous personal sacrifices, and saluted the many anonymous human rights defenders, working at the national level, whose efforts were vital to the Council. Finally, Canada asked for the High Commissioner to provide an update on her report at the Council's September session.

WOLFGANG PETRITSCH (Austria), speaking on behalf of the European Union, called on all States to undertake all necessary measures to establish a safe environment to enable human rights defenders to carry on their important work. With regard to the occupied Palestinian territories, the European Union called both parties to fulfil their obligations under human rights and humanitarian law. The European Union was concerned at the negative impact the continued settlement activities, the construction of the barrier on Palestinian land and restrictions movement and access had on the human rights of the Palestinian population. While it recognized Israel's right to protect its citizens from terrorist attacks, it underlined that Israel was obligated to exercise that right within the limits of international law. The European Union urged both sides to make every possible effort to guarantee that the Israeli and Palestinian peoples could live in an environment where their protection from armed attack and enjoyment of their fundamental rights were assured.

The European Union welcomed the signing of the Darfur Peace Agreement and called on the remaining parties to join. The European Union would work with others for the full and early implementation of the Agreement as a precondition for lasting peace and security in Darfur and an end to the suffering of millions of people in the region. The European Union called on the Burmese Government to release Daw Aung San Suu Kyi and all the other estimated 1,150 political prisoners. The Union attached great importance to promoting greater tolerance and to combating all forms of discrimination based on religion or belief and incitement to religious hatred.

ELIANA BERAUN ESCUDERO (Peru) said with regards to the human rights of migrants, the social, economic and cultural contributions of migrants were positive aspects that were worthy of appreciation. Migrants could contribute to the social, economic and cultural development of all countries, and therefore it was a sine qua non not to forget the human rights of migrants, who were often fleeing from discrimination, violations of their fundamental human rights, and illicit trafficking in human beings. Within the framework recognising their rights, there should be increased efforts to ensure that cases of xenophobia, discrimination and other forms of intolerance were combated. The protection of the human rights of migrants was a vital means of ensuring their integration in the countries of destination.

Peru had organised the first international special conference of developing countries with substantial flows of migrants. The respect for the human rights of migrants was encouraged, and the contribution of migrants to development in countries of destination as well as of origin was crucial. Many themes remained pending, and would require tackled by the international community in the future. A global discussion forum should be initiated in order to coordinate the multilateral decisions taken on migrants.

SHIGERU ENDO (Japan) said that Japan welcomed the inclusion of the present item under consideration to the substantive agenda of the first session of the Council. Japan considered that all of the five issues deserved the Council's attention. First, the human rights situation in Palestine and the other occupied Arab territories was of the utmost interest for Japan. Japan was encouraged by Israeli Vice Prime Minister Livni's recent statement that the Israeli Government might consider the possibility of unfreezing the tax revenue fund for humanitarian purposes. Such a move would be conducive to enhancing the confidence between Israelis and Palestinians, an essential ingredient for promoting the peace process. Japan called on both sides to exercise their utmost self-restraint, so that peace could be restored. Secondly, Japan was gravely concerned about the humanitarian situation in Darfur. On 22 June, Japan had decided to extend grant aid totalling 10 million dollars to contribute to improving the humanitarian situation in the Darfur region.

Thirdly, Japan attached importance to the promotion and mutual understanding through peaceful dialogue and mutual respect between people of different creeds and cultural traditions. For that reason, Japan had carried out various dialogues, including the Japan-Arab Dialogue forum and the Japan-Middle East Cultural Exchanges and Dialogue Mission. Fourthly, Japan would be looking forward to the United Nations General Assembly High-Level Dialogue on International Migration and Development. Migration had several dimensions that had to be addressed, and the human rights perspective was an important one. Fifthly, Japan was gravely concerned about the continuing violations committed against persons engaged in promoting and defending human rights and fundamental freedoms around the world. Japan highly valued the crucial role that certain individuals, non-governmental organizations and groups played in the promotion and protection of human rights and fundamental freedoms.

BLAISE GODET (Switzerland) said that in accordance with the General Assembly resolution A/60/251, the Council could consider country situations in addition to its universal periodic review procedure. It should examine violations of flagrant and systematic character in order to support victims of such violations. The different approaches enumerated in the resolution would enable the Council to undertake investigations of all human rights violations taking place in the world. The role of the human rights defenders was primordial. The international community should support the recommendations made by the Special Representative Hina Jilani with regard to the defenders. The role of the justice system in guaranteeing an environment of security for human rights defenders should be underlined. The defenders were often victims of persecution, criminilization and harassment because of their activities.

In Sudan, although a peace agreement had been reached, the human rights situation in Darfur was of concern. Through a constructive dialogue and cooperation, the international community should help the authorities based on the recommendations of the High Commissioner for Human Rights. Since respect for human rights was based on peace, it was hoped that a genuine human rights culture would prevail in the region.

SAMIR LABIDI (Tunisia), on behalf of the Arab Group, said the Arab Group supported the statement by Pakistan on behalf of the Organization of the Islamic Conference. The serious human rights violations committed by Israeli occupation forces in the occupied territories had continued and increased in severity, and the Council should not remain indifferent to them. Israel's policy of siege and famine had a negative impact on the economic, social and health conditions of the Palestinian people. The human rights of Palestinians had deteriorated due to the restrictions imposed upon them, and civilians had paid the highest price. Israel's restrictions hampered the delivery of food, and the economic crisis was exacerbated. The intensification of barriers at border crossing points served no purpose other than to humiliate Palestinians.

The Israeli authorities had no respect for international law, in particular with regards to the rights of the Palestinian people. The international community, within the framework of the Council should put an end to all violations, and establish a mechanism to investigate the situation, as well as the extra-judicial acts of murder that were committed by Israeli forces. The obstacle to overcoming these violations was the Israeli occupation. Justice and human rights could not be brought about unless Israel obeyed and respected international legitimacy.

MICHAEL STEINER (Germany) said that Germany fully aligned itself with the statement made by Austria on behalf of the European Union. Germany welcomed this opportunity to address the situation in Sudan after the signing of the Abuja Peace Agreement. The Peace Agreement was important, but implementation was the most important issue now. Germany called on all parties to protect the civilian population and to prevent such violations in the future. The fate of the over 1 million internally displaced persons also remained of concern. Impunity for human rights violations continued to be one of the most worrisome problems, and steps by the Sudanese Government in that regard remained largely on paper. Germany had heard the promises of the Government of Sudan towards peace, and Germany called on it to follow up its commitments.
Regarding the human rights situation in the occupied Palestinian territories, Germany was particularly concerned about the indiscriminate attacks, extrajudicial executions and suicide attacks, which had resulted in numerous civilian casualties. Germany supported the provision of substantial direct assistance to the Palestinian people for humanitarian purposes. The role of civil society, and especially of human rights defenders, in the promotion and protection of human rights could not be overestimated. It was their courage and perseverance that contributed to the fall of the Iron Curtain across Europe. Germany was very concerned about attempts to prevent human rights defenders from pursuing their activities. Germany felt it was important that the President had identified the important issues they were considering today, without excluding any other issues they might want to consider, and Germany offered its full cooperation in that regard.

JUAN ANTONIO FERNANDEZ PALACIOS (Cuba) said the international community was unequivocal in condemning the abuses committed by the occupying power in the Palestinian territories. The human rights violations of Palestinians were one of the most abhorrent ones in the world. The human rights violations were also perpetrated in other Arab territories occupied by Israel. Only recently, the Israel army had killed many Palestinians, including children. The Palestinian cause had a history of wars, where the people were suffering from human rights violations by Israeli hands. In January this year, the Palestinian people had exercised their political rights and elected their leaders. Cuba exhorted the Western countries for their blackmailing actions by suspending their aid to the Palestinian people.

NICHOLAS THORNE (United Kingdom) said on human rights defenders, the deterioration in the environment in which they operated was a critical issue which concerned all. The latest report of the Special Representative on human rights defenders was eagerly anticipated. Restrictions on human rights defenders varied widely in nature, and it was particularly distressing to hear of situations of the justice machinery of a State being turned against those who sought to defend human rights. Happily, in many countries civil society was vibrant, and there were many countries, including Ghana and the Ukraine, where progress was being made.

However, the situation was worsening in other countries, and some countries had closed non-governmental organizations and media organizations, and had prosecuted those who reported unofficial versions of events. Burma should cooperate with the ILO, and release those who had been imprisoned for reporting on forced labour. All States should treat these challenges with urgency, and establish a safe environment for human rights defenders, whose brave work should be supported, encouraged and further developed. The United Kingdom was committed to the promotion and protection of religious freedom, and condemned instances of prosecution, and urged States to pursue laws and practices which promoted tolerance and respect.

ABDULLA ABDULLATIF ABDULLA (Bahrain) said that Bahrain expressed its support for the statement by the Organization of the Islamic Conference on the situation in the occupied Arab territories, including Palestine. Bahrain would spare no effort to see the Israeli siege on the occupied territory in the West Bank and Gaza lifted. The Council must make every effort to see that the Darfur peace agreement bore fruit. In addition, the struggle against all forms of religious and racial hatred, the refusal of violence and the promotion of the dialogue among civilizations, should be addressed as issues of great importance for the Council. Bahrain hoped that the Council would continue its activities to increase the transparency and efficacy of its work, and said that, in that regard, all should commit themselves to cooperation and dialogue so that the Council could shoulder its responsibilities as best possible.

SWASHPAWAN SINGH (India) said India was concerned about the hardship and suffering faced by the Palestinian people as a result of the violence and the evolving situation in Gaza and the West Bank. India was contributing to international efforts to alleviate the difficult situation affecting the Palestinian people by providing humanitarian assistance. There could be no military solution to the Israel-Palestine issue. Both sides should cease all acts of violence and return immediately to a peaceful political process, which should lead to the establishment of a viable, independent, sovereign and united State of Palestine living in peace, side by side with the State of Israel. For durable peace and stability, the Middle East peace process should bring comprehensive peace to the region that would address all the final status issues, and all tracks including the Syrian and Lebanese tracks, through negotiation. India supported a two-State solution and urged a return to the Roadmap as early as possible.

Concerning migration, India was a major country of origin, destination and transit with a long history of attracting and sending people to other lands. It had a sizeable number of migrants, including irregular migrants, living in the country. Similarly, there were a significant number of Indians living in other parts of the world. The forthcoming High Level-Dialogue on migrants at the General Assembly should look at the phenomenon of international migration in a positive and cooperative spirit.

JEAN-MAURICE RIPERT (France) said this discussion was a very important moment for the work of the Council, giving additional impetus to the collective reflection on cross-cutting issues on serious human rights violations and the denunciation of those committing those violations. The situation in Darfur, the need to fight against impunity, the crucial role played by human rights defenders who should be fully supported, were all issues that required attention.

On the freedom of religion and belief, the Universal Declaration of Human Rights stated that each person had the freedom of belief and religion, and also the right to change their religion or belief, and the concept was broader than simply belonging to a religion. France recognised the freedom of religion. Each State should ensure the effectiveness of measures of prevention and ensure that persons on its territory were protected against any form of discrimination, no matter the grounds.

IDRISS JAZAIRY (Algeria), speaking on behalf of the African Group, said that the right to self-determination, to which the African Group attached great importance, was one of the founding principles for international relations and one of the imperatives of international law. Nevertheless, despite the achievements that had been made in that respect, the process of decolonization, to which the United Nations had pledged itself, was still to be completed. The Palestinian people thus continued to struggle for their right to exist and to establish a sovereign State with Al Quds Al Sharif as its capital. The practices of Israelis in Palestine and the other occupied Arab territories constituted grave human rights violations that went unnoticed by the developed world. Were they talking about a lesser form of humanity when discussing black people or those coming from underdeveloped countries?

The African Group shared the concerns voiced by the Special Rapporteur, John Dugard, highlighting Israeli practices that were against international law, human rights and international humanitarian law. Recently the world was shocked by the cartoons representing the Prophet Mohammed as an Arab stereotype with a bomb on his head. That was not just an insult to 1.3 billion people, it was a call for religious and racial hatred. It was a violation of human rights – one tolerated by the developed countries, because the objective of the cartoons was Muslims. Algeria, on behalf of the African Group, called on the international community to condemn those actions.

SHA ZUKANG (China) said the Middle East situation was a threat not only to the region but also to world peace. The Palestinian people had been victims of violations of human rights. Recently, a new Palestinian Government had been inaugurated through the leadership of Hamas. The Hamas Government had so far refused to recognize the State of Israel. China believed that the Government should recognize Israel and take a responsible stand. China welcomed the Abuja Peace Agreement with regard to the Darfur situation and called on all parties to abide by their obligations. Over many decades, migration had made a tremendous contribution to the countries of origin and destination in many aspects. However, there had been other problems related to trafficking, which had a negative impact on migration. The countries of origin of migrants should respect the human rights of those persons by preventing discrimination and other phenomenon affecting the migrants.

MUSA BURAYZAT (Jordan), said foreign occupation was one of the worst forms of human rights violations, and the Israeli occupation of Palestine and other Arab territories was more than 40 years old, and had had significant negative effects, with the deaths of many civilians, including children. The economic blockade had increasingly negative effects on the situation. There was a moral responsibility on the part of the international community, which could change the situation. There was a political advantage in saying that the political situation was getting worse and there was no solution, but the High Commissioner had said that the political method was the only way to solve the situation. The Council should take action, and send a fact-finding mission in order to put an end to the blockade of the Palestinian people and the human rights violations.

Discrimination on the basis of religion was one of the most serious threats which undermined the efforts of the international community, and was a growing trend in particular against Muslim people. Xenophobia was spreading, and hatred was growing with regards to Islam, a religion which was being insulted. The Council was the body which had a responsibility to defend human rights defenders, on the basis of cooperation and dialogue.

IAN DE JONG (Netherlands) said that the Netherlands supported the statement made by Austria on behalf of the European Union. Regarding the human rights situation in Darfur, it was unacceptable that after several resolutions from the Security Council, the General Assembly and the Commission on Human Rights, acts of violence against the civilian population continued to occur. It was unacceptable that civilians, especially women and children, continued to be victims of such violence. Those responsible had to be brought to justice. In that regard, the Netherlands continued to work closely with the International Criminal Court in its investigations. Ending the climate of impunity was essential to ensuring the non-recurrence of human rights violations. In addition, last week the Netherlands hosted talks at The Hague between delegates from the Government of Sudan and the Darfur SLM to discuss the implementation of the Darfur Peace Agreement and the region's short-term reconstruction needs.

Regarding the Middle East, the Netherlands deplored the deterioration in the situation there and called on the Palestinian Authority to take the necessary measures to improve security and prevent acts of terrorism. The Netherlands also called on the Hamas-led Palestinian Government to implement the three principles of the Quartet: to renounce violence; recognize Israel; and accept all previous agreements and obligations. While recognizing the obligation of the Israeli Government to protect its citizens from acts of terrorism, the Netherlands stressed that all measures and actions taken to ensure the safety of its citizens should be in line with Israel's obligations under international law. The Netherlands remained fully committed to working with the Quartet towards the goal of a just, viable and lasting solution based on existing agreements, the relevant United Nations Security Council resolutions, the principles laid down in the road map, and with respect for human rights.

MOHAMMED LOULICHKI (Morocco) said Morocco was concerned about the recent increase in violence against the Palestinian people and those living in other Arab occupied territories. The suffering of the Palestinian people had been made worst by the occupying power. The people were victims of killings and assassinations, while the situation was being exacerbated by the Israeli attacks on the civilian population. The Council should work to bring a peaceful solution to this situation. Morocco did not support any extremist attitudes in any conflict. With regard to human rights defenders, an environment of peace and security should prevail in all countries where human rights defenders were operating so that they accomplished their mission in protecting and promoting human rights.

Concerning migrants, Morocco had been a fervent advocate of migration to be carried out in a legal context and in accordance with international norms. It believed that migrants positively contributed to the host countries by building up their societies. Under the auspice of the African Union, Morocco would organize in July a conference on migration. Morocco believed that migration should be handled in line with the full international commitments on the issue.

HSU KING BEE (Malaysia) said at a time when the world community strove for effective implementation of various international human rights instruments, the credibility and legitimacy of the Council required that it urgently and effectively addressed the grave and ever-worsening human rights and humanitarian situation of the Palestinians and other Arabs still living under prolonged foreign occupation. The United Nations had permanent responsibility towards the question of Palestine, until it was resolved, in all aspects on the basis of international law, including a just resolution to the plight of Palestinian refugees. Human rights and fundamental freedoms of the Palestinians were being continuously trampled, as a result of the unlawful policies and practices of Israel.

The plurality of the world's citizens, in terms of faith, culture and ethnicity, compelled each and every one to make every effort to co-exist peacefully. Any incitement to racial and religious hatred should stop, as it also impinged on the human rights of the victims of such actions. The Council had an important role and responsibility to redress this dangerous tendency, and take concrete steps to promote racial and religious tolerance, and fight against defamation of religions, and this could be achieved through the promotion of genuine dialogue which would result in enhanced understanding among different civilisations and real action to right wrongs.

GLAUDINE MTSHALI (South Africa) said that South Africa viewed the thematic discussion as being in line with the spirit of cooperation and dialogue, rather than confrontation and condemnation. South Africa was concerned at the decline in the well-being and quality of life of the Palestinian people in the occupied territories owing to the withholding of funding to the Palestinian Authority, and the ongoing economic isolation of Palestine. South Africa reiterated its call for the implementation of the Roadmap, which guaranteed the creation of a sovereign Palestine living side by side with a secure Israeli State. With regard to the Abuja peace efforts, South Africa welcomed the recent signing of the Darfur Peace Agreement. South Africa reaffirmed its support for the continued peacemaking efforts of the African Union, and called for them to be strengthened. South Africa also noted that, alongside the peace efforts, there was a grave humanitarian situation and a need to protect the human rights of the Sudanese people.

The human rights of migrants were one of the most pressing human rights issues confronting the Council, in South Africa's view. Concerns about and policies to deal with insecurity were threatening to compromise individual's fundamental human rights. The South African delegation believed that the Council could not have a debate on increased and coherent migration management policies without taking into account the fundamental human rights of the subjects of such policies. The categorization of migration was increasingly becoming racial zed, classed and gendered. The development of the so-called "Safe third country Agreement", which asserted the principle that refugees should claim protection in the first safe country they reached were nothing else than a policy of containing refugee populations in the regions were crises occurred – essentially a "not in my backyard" approach to refugee protection. There were some non-derogable rights that must be upheld by all human beings, citizens and non-citizens, South Africa said.

ELCHIN AMIRBAYOV (Azerbaijan) said the human rights situation in Palestine and other occupied Arab territories remained to be an extremely important problem that needed to be discussed today. Indeed, systematic deadly attacks against civilians and the economic siege of the occupied Palestinian territories had further aggravated the suffering of the Palestinian people, whose basic human rights continued to be violated under persisting foreign occupation. In the absence of progress on the ground, the Council should remain seized of the mater. For Azerbaijan, migrants in a broad sense of the word constituted one of the vulnerable and marginalized groups well referred to in the Durban Declaration and Programme of Action. It was the priority of the Government of Azerbaijan to contribute to the activities aimed at advancing the protection of vulnerable groups.

Azerbaijan recognized the importance of the role of human rights defenders, through dialogue, openness, participation and justice, in the prevention of violence and the promotion of sustainable peace and security. Azerbaijan emphasized the important role that individuals, non-governmental organizations and groups played in the promotion and protection of human rights and fundamental freedoms.

JUNEVER MAHILUM WEST (Philippines) said the Council had an important message to convey to the high-level dialogue on the rights of migrants, from the perspective of human rights. This message should contain, among other elements, that the United Nations should place the highest priority on strengthening collaboration within the international community, at the multilateral, regional and bilateral levels, in order to enhance the promotion and protection of migrants' rights. The Council would have the key role in coordinating such approaches.

International mechanisms should be established and strengthened for sustained dialogue in addressing issues related to migration, especially in the context of human rights. The Council would be an important, if not the principal United Nations Forum, to tackle issues relating to the human rights of migrants. The Council should include human rights of migrants as a regular item in its work programme, and there should be a sustained multilateral follow-up process.

SAMIR LABIDI (Tunisia) said that all who were observing the events in the international arena could see that the clash of civilizations was indeed an element that had fed into the violence and violent reactions of today. All of those trends would undermine their civilizations if left unchecked. It was natural that the Human Rights Council should try and put an end to that hatred and violence. The Council needed to raise awareness of the situation in order to put an end to that intolerance and xenophobia. Tunisia paid tribute to all those thinkers and academics who had risen above their particular culture or religion to work for all of humanity. Tunisia was always in favour of dialogue between cultures, religions and civilizations. It was necessary to overcome the North-South divide, that between developed and underdeveloped, and to find common grounds of humanity; it was necessary to strengthen communication and build bridges on the basis of equal treatment, and without any religious exclusion or hatred, to overcome the current crisis and preserve the balance and flourishing of the civilizations of the world.

BASSINE NIANG (Senegal) said Senegal endorsed the statements made by previous speakers who stressed on the ongoing aggravation of violations of Palestinian human rights. The physical and moral dignity of the Palestinian people should be protected. The situation of human rights of the civilian population was being aggravated by the occupying power, which disregarded all international norms. Palestinians were being subjected to different atrocities committed by the Israeli army. With regard to Islamophobia, it was unacceptable that in many countries people were becoming victims because of their religion and beliefs. The campaign of hate speech in many western countries had stigmatised those individuals having different beliefs and races. The cartoons attacking Islamic belief were unacceptable. Senegal had taken the initiative of holding an international conference on Islamic-Christian dialogue to defuse the tension created between the two groups.

The issue of migration should also be regulated with the Convention on the Protection of Migrant Workers and Their Family Members. The Convention, although it had entered into force, was not widely ratified by many countries. Senegal appealed to all countries to accede to the treaty so that the issue of migrants would be mutually promoted and the problems solved.

FATOUMATA DIALL (Mali) said the issues under consideration were very urgent. It was high time for the international community to take its responsibility to put an end to the almost daily violence carried out by the occupying power not only in the occupied Palestinian territories, but also in the Syrian Golan and Lebanon. The Council should continue to review this matter, and the Special Rapporteur should submit a report at the next session.

On Darfur, Mali had contributed significantly to a peaceful solution to the question. Leaders in Africa and other countries had welcomed the signing of the Abuja Agreement, and the focus should now be on its implementation. The international community, especially developed countries, should share both knowledge and the considerable means they had to allow the African Union to implement the agreement for the well-being of the population of Darfur.

CLODOALDO HUGUENEY (Brazil) said that Brazil reaffirmed its position regarding the Palestinian people and their plight and for the respect for human rights in the region. Brazil strongly supported all efforts aimed at a solution by peaceful means. Brazil wanted to concentrate on the issue that it had asked be included in the present debate: migration. The reasons for that were: the absence of migration in international economic negotiations; Brazil's conviction that it was one of the issues in which developed and developing countries could really play a win-win game; and the wide misunderstanding and stereotyped views on the issue on the part of certain States and the civil societies of countries of destination.

Migration was the big missing link in globalization. Trade liberalization advanced, international capital movements prospered rapidly, but migration did not even have a truly universal forum for discussion. Numerous studies and research work demonstrated the beneficial effects of migration on a worldwide scale as well as for developed and developing nations. Those views of experts, however, contrasted with the situation faced by migrants: neglect by major players, absence in international economic negotiations and rooted misconceptions on the part of civil societies. Instead of being interpreted as part of the rhetoric of developing nations, or social demands of countries of origin, the human rights of migrants should be viewed as an intrinsic dimension of the migration phenomenon and an essential pillar of the values of mankind.

SUGEESWARA GUNARATNE (Sri Lanka) said it was only through a rights-based approach to migrants that one could maximize the benefits while minimizing the adverse side effects and bringing about a win-win outcome for all, the sending and receiving countries as well as the migrants themselves. The International Convention on the Rights of Migrant Workers and Members of Their Families was the most comprehensive international instrument dealing with the rights of migrant workers. It was therefore disappointing that only 34 Member States had so far ratified that important instrument which was the latest of the seven international human nights treaties. In keeping with its pledge, Sri Lanka would continue to take an active advocacy role towards strengthening the treaty body system.

On the issue of avoiding incitement to religious or racial hatred and violence, thought the promotion of tolerance and dialogue, Sri Lanka believed it was time to call for a zero tolerance policy on attacks on places of worship of any faith. In Sri Lanka, one could not forget the senseless attacks by the terrorist group, the Tamil Tigers, on the Temples of the Tooth in Kandy and on pilgrims praying around the sacred Bo tree in Anuradhapura.

ABDULWAHAB ABDULSALAM ATTAR (Saudi Arabia) said respect for human rights and peace in the Middle East would only be achieved by the establishment of a Palestinian State in the occupied Palestinian territories. Further bloodshed should be avoided. To contain bloodshed and terrorism would mean that all the countries of the region would be provided with peace and security. Israel's indiscriminate killings, which had led to the deaths of women and children, would not solve the problem. Violation of the rights of the Palestinian people led to the killing of civilians, and the international community should reach a fair solution, and its failure to do so had led to mounting violence in the region. The Council was duty-bound to stop Israel in its inhuman practices of indiscriminate killing of the innocent, and should be made to respect international humanitarian law and the resolutions respecting the rights of the Palestinian people.

Israel should withdraw from the occupied territories. There was also concern for the denigration of Islam and the desecration of its sacred places. Civilisations should understand each other thanks to common values of honour and peace. Islamophobia reflected increased ignorance of Islam, and international respect for its culture was essential. There should be increased understanding of cultural differences, and all forms of denigration and inferior treatment of the other should be rejected. Justice and freedoms should be respected.

WIWIEK SETYAWATI (Indonesia) said that Indonesia would like to associate itself with the statement made by Pakistan on behalf of the Organization of the Islamic Conference on issues on the agenda. The first concerned the human rights and humanitarian situation in the Palestinian and other occupied Arab territories. Daily incidents continued to see the death of civilians, including children, in the area. In addition, the siege against Palestinian cities was subjecting the civilian population to unbearable hardship. Indonesia believed that such violations of the Palestinian people's human rights warranted the Council's immediate attention at its historic first session. A second issue which the Council had been mandated to address as a priority was the promotion of tolerance and respect for religion and belief through the enhancement of international dialogue. Although Indonesia did not believe that the world was in danger of a clash of civilizations, international incidents of that kind did have the potential to create enduring misperceptions and misinterpretations that could aggravate disputes on how human rights were to be implemented. Thus it was imperative that the Council promote dialogue among civilizations and religions, particularly in the application of human rights.

Regarding migration, Indonesia continued to stress the importance of continuous collaboration on the part of the various stakeholders, including Governments, intergovernmental and non-governmental organizations. The issue required firm and affirmative action on the part of all stakeholders. In that regard, future migration policies and strategies should not be unilateral as they required intra-country cooperation and dialogue.

HUMAYET UDDMI (Bangladesh) said it was most unfortunate that as the Council was meeting, killing of Palestinians was going on. The killing and assassination of Palestinians should be brought to an end. The suffering of the population could not be tolerated and the Council should strive to provide a situation to the problem. In order to solve the problem, the two parties should pursue the peace talks. With regard to attacks against Islam, these were worrying acts being committed by non-Muslims around the world. Concerning the rights of migrants, Bangladesh was of the view that migrants should enjoy their human rights wherever they were.

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