18 October 2011

General Assembly
GA/SHC/4014
Department of Public Information News and Media Division New York
Sixty-sixth General Assembly
Third Committee
21
st
& 22
nd
Meetings (AM & PM)
SPECIAL RAPPORTEUR ON TORTURE TELLS THIRD COMMITTEE USE OF PROLONGED
SOLITARY
CONFINEMENT ON RISE, CALLS FOR GLOBAL BAN ON PRACTICE

Committee Also Hears from Chairs of Monitoring Body for Convention
Against Torture; Subcommittee on Prevention, Created by Optional Protocol
The Human Rights Councils Special Rapporteur on Torture today proposed to the Third
Committee (Social, Humanitarian and Cultural) a worldwide ban on the practice of prolonged solitary
confinement, which had increased throughout the globe, especially in the context of the war on terror
and threats to national security.
Juan Mndez one of three top United Nations officials to address the Committee today on the
issue of torture said solitary confinement was subject to wide abuse around the world. Further, there
was no universally agreed-upon definition for the practice which was alternately known as anything
from segregation to Supermax, or the hole - so he defined it in his report as the physical and social
isolation of individuals who are confined to their cells for 22 to 24 hours a day.
Given the absence of an international standard for its permitted maximum overall duration, he
suggested 15 days as the limit between solitary confinement and prolonged solitary confinement, since
at that point, according to his research, some harmful psychological effects of isolation could become
irreversible. In my report, I propose a worldwide ban on prolonged solitary confinement, he said.
Pressed by delegates for the rationale of a 15-day deadline for solitary confinement during a
question and answer session, he said it was somewhat arbitrary, and subjective factors determined
whether or not anything beyond that period was torture. Some studies said confinement after seven
days created a long-term psychological impact, but for practical purposes he proposed a 15-day limit.
Also today, Claudio Grossman, Chair of the monitoring body for the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, said the Convention, which now had
149 States parties, had helped advance the unequivocal and absolute prohibition of torture and cruel,
inhuman and degrading treatment or punishment.
Despite these important developments, we cannot affirm that torture has decreased, he said,
noting there were refusals to adopt clear definitions of torture, to criminalize it and to establish adequate
penalties. Rendition of suspects to countries that used torture was still a means of investigation and
interrogation, and forced disappearances continued to deny basic legal safeguards. At the same time,
rehabilitation and redress were rarely provided to victims or their families. Achieving the goals of the
Convention is doable. Let us recommit ourselves to the full realization of those goals, he urged.
He voiced serious concerns about reporting delays, noting that 30 States had yet to present
their initial report, many of which were over a decade overdue. He called on those States parties to
promptly submit their overdue initial reports. Additionally, past due periodic reports of which there
were at least 65 should be submitted without further delay.
At the same time, insufficient resources continued to pose significant challenges to the
Committees work. Currently, there were 101 petitions pending, and States parties must play a leading
role in finding permanent solutions to the resource and workload issues, he said.
Malcolm Evans, Chairperson of the Subcommittee on the Prevention of Torture, agreed that
resources were not sufficient. Although it was mandated to visit places of detention and assist national
measures to prevent torture, the Subcommittee only had funds to visit three countries per year
At a rate of three per year, a country might only receive a full visit from the Subcommittee every
20 years or so, and this is clearly not what was intended, he said, adding that the Subcommittee had
recently expanded its membership from 10 to 25, making it the largest of the United Nations human
rights treaty bodies.
In the general discussion that followed, several representatives welcomed efforts to make treaty
bodies more efficient and better equipped to deal with the growing number of States parties. Costa
Ricas delegate said he awaited with interest the report on treaty body reform to be presented by the
High Commissioner for Human Rights in early 2012.
The representative of the European Union said the independence and expertise of the members
of treaty bodies needed to be guaranteed. Chinas delegate, however, said treaty bodies should, in
accordance with principles of objectivity and impartiality, engage in dialogue with States parties to
ensure that their conclusions and recommendations matched the conditions of States parties.
The Assistant Secretary-General for Human Rights Ivan !imonovi", who heads the New York
Office of the High Commissioner for Human Rights, introduced the related reports today.
Also today, the Committee heard the introduction of three draft texts on promoting social
integration through social inclusion, follow-up to the tenth anniversary of the International Year of the
Family and beyond, and improvement of the situation of women in rural areas.
Also participating in the general discussion today were the representatives of New Zealand (also
on behalf of Canada and Australia), Nigeria, Venezuela, Nicaragua, Egypt, Algeria, Jordan, Japan,
Kyrgyzstan, Cuba, Pakistan, Morocco, India, Ukraine and Iran.
The Committee will reconvene at 10 a.m. Wednesday, 19 October, to begin its consideration of
human rights questions and situations and the reports of special rapporteurs and representatives. It will
hear statements from the High Commissioner for Human Rights and the Secretary-Generals Special
Adviser on Myanmar, as well as presentations from the Special Rapporteurs on Iran, Myanmar and the
Democratic Peoples Republic of Korea.
Background
The Third Committee (Social, Humanitarian and Cultural) met today to begin its general
discussion on the implementation of human rights instruments and comprehensive implementation of
follow-up to the Vienna Declaration and Programme of Action.
It had before it a letter dated 1 June 2011 from the Permanent Representative of Namibia to the
United Nations addressed to the Secretary-General (document A/66/87) transmitting four resolutions
adopted by the 124th Assembly of the Inter-Parliamentary Union, which was held in Panama City from
15 to 20 April 2011. Those texts address: transparency and accountability in the funding of political
parties and election campaigns; providing a sound legislative framework aimed at preventing electoral
violence; improving election monitoring and ensuring the smooth transition of power; strengthening
democratic reform in emerging democracies, including in North Africa and the Middle East; and the role
of parliaments in ensuring sustainable development through the management of natural resources,
agricultural production and demographic change.
It was expected to consider the report of the Human Rights Committee (documents A/66/40
Supplemental Vol. I and A/66/40 Supplemental Vol. II) and the report of the Committee against Torture
(document A/66/44 Supplemental), which are to be issued.
The Committee also had before it the report of the Committee on the Protection of the Rights of
All Migrant Workers and Members of Their Families (document A/66/48). The report contains
information including: organization matters such as the Committees meetings and sessions,
membership and attendance, commemoration of the twentieth anniversary of the Convention,
presentation and adoption of reports, cooperation with bodies concerned and reports by States parties
under article 73 of the International Convention on the Rights of All Migrant Workers and Members of
Their Families. Within the consideration of reports by States parties, in accordance with article 74 of the
Convention, the document offers numerous suggestions and recommendations.
Also before the Committee was the report of the Committee on the Rights of Persons with
Disabilities (document A/66/55), which summarizes its work over four sessions from February 2009 to
October 2010. At its fourth session, it decided to request the General Assembly provide financial
support to expand its meeting time, as it faced a backlog of pending reports amounting to a five-year
delay between their receipt and examination.
The Committee also had before it the report of the Secretary-General regarding the status of the
United Nations Voluntary Trust Fund on Contemporary Forms of Slavery (document: A/66/217), which
receives voluntary contributions from Governments, non-governmental organizations and individuals,
and provides aid to individuals whose human rights have been severely violated through contemporary
forms of slavery. The Fund received over 240 applications for grants amounting to approximately
$3.75 million in 2010, but the Board of Trustees was only able to recommend grants amounting to
$555,115, representing less than 15 per cent of the total amount requested. To meet applications for
2011, the Fund will need at least $1.5 million in new contributions prior to the November 2011 session of
the Board of Trustees. Past donors were urged to increase their contributions, and those who have yet
to donate to do so.
Also before it was the report of the Secretary-General on measures to improve further the
effectiveness, harmonization and reform of the treaty body system (document A/66/344). The report
provides information on workloads of treaty bodies and current use of available resources, saying a lack
of resources is weakening States parties accountability under international human rights law and that
funding to treaty bodies should come from the regular budget. It also provides recommendations on how
to tackle backlogs in the short-term and how the system could work over the long-term without future
backlogs. In the short-term, current backlogs can be reduced through additional meeting time, based on
actual workloads. In the long-term, planning can be made through a fixed calendar, based on
100 per cent compliance with State party reporting obligations. It concludes that the General Assembly
may wish to undertake a comprehensive review of the resources for the treaty body system, taking into
account its current and projected needs.
Additionally, the Committee had before it the report of the Secretary-General regarding the
United Nations Voluntary Fund for Victims of Torture (document A/66/276), which receives voluntary
contributions from Governments, non-governmental organizations and individuals, and provides grants
to non-governmental organizations for medical, psychological, social, financial, legal, humanitarian or
other forms of assistance to victims of torture and their families. The Fund received more than
$9.5 million in contributions in 2010-2011, but its Board of Trustees faced a shortfall of over $2 million
for requests in 2010, and made cuts for the 2011 grants cycle. Unless more contributions are received,
the Board will still face a significant shortfall for the approximately $22 million in requests expected by
organizations in 2012. The biggest single contributor has been the United States, which provided
$7.1 million in 2010. Past donors were urged to increase their contributions, and those who have yet to
donate to do so.
The Committee also had before it the Note by the Secretary-General on effective
implementation of international instruments on human rights, including reporting obligations under
international instruments on human rights (document A/66/175). The report concerns the twenty-third
meeting of the Chairs of the United Nations human rights treaty bodies (treaty bodies), which was held
in Geneva on 30 June and 1 July 2011.
Recommendations include stronger guarantees for independence and competence of elections
and terms of treaty body members; holding the meeting of Chairs in different regions every year to make
treaty bodies more accessible to all stakeholders; and undertaking joint activities, including statements
and general comments or recommendations.
The Committee also had before it the Note by the Secretary-General on the Special Fund
established by the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (document A/66/259). The report contains information on the
status of the Special Fund, including its financial situation and the process of making a contribution. At
the time of writing, the following contributions to the Special Fund had been received: $20,271 from the
Czech Republic, $5,000 from the Maldives, $82,266 from Spain and $855,263 from the United
Kingdom. The report concludes by strongly encouraging that Governments contribute to the Special
Fund, in order to provide it with the resources to carry out its mandate.
Finally, the Report of the United Nations High Commissioner for Human Rights (document
A/66/36) provides an overview of the activities of the Commissioners Office in the past year. It notes
how developments in the work of the Human Rights Council, universal periodic review and initiatives to
harmonize the methods of treaty bodies offered opportunities to strengthen the international system of
protecting and promoting human rights. With the review of the Human Rights Council completed in
March 2011, the Commissioner urged it to respond to situations in a timely manner, including through
more creative modes of work. The report also gives an overview of the work of the Office of the United
Nations High Commissioner for Human Rights (OHCHR) in the field through thematic priorities such as
countering discrimination, pursuing economic rights, human rights in the context of migration, combating
impunity, and strengthening human rights in situations of armed conflict.
The Office had sought to seize momentum created by the Arab Spring protests in North Africa
and the Middle East, through interventions on the ground and in the Organizations policymaking
forums. The Commissioner welcomes some promising steps to initiate long-overdue reforms, but
emphasizes the range of issues that brought people into the streets need to be addressed. The report
concludes that the Office had been challenged to give its increasing number of mandates the attention
they demanded and deserved. Thus, the Commissioner welcomed the decision of the General
Assembly to, during its current session, consider ways in which essential resources could be made more
available in response to urgent Council mandates.
Statement by Assistant Secretary-General
IVAN !IMONOVI#, Assistant Secretary-General for Human Rights and head of the New York
Office of the United Nations High Commissioner for Human Rights (OHCHR), said he was pleased to
present several reports on implementation of human rights instruments. The report of the Secretary-
General on measures taken to further improve the effectiveness of, harmonizing, and reforming the
treaty body system provided information on workloads by treaty bodies, current use of available
resources and the ongoing treaty body strengthening process, he said. The proposals from that process
would be compiled in a report to be launched by the High Commissioner for Human Rights in 2012, but it
would also be advantageous if a way could be found for the report to be presented to the General
Assembly next year.
The report made two proposals on how to tackle current backlogs, he said. In the short-term, to
address current backlogs, it proposed that every two years a comprehensive request be presented for
meeting time for all treaty bodies, based on their actual workload in terms of reports submitted. In the
long-term, it proposed planning be made through a fixed calendar based on 100 per cent compliance
with the reporting schedule, he said. The report also responded to the Assemblys request for equitable
geographical distribution in membership and chairs of human rights treaty bodies, he said.
But, he noted that the Third Committee did not address the operational requirements of treaty
bodies systematically in one resolution, he said. They were dispersed in a number of separate
resolutions tabled on an annual or biannual basis. It could be worthwhile to consider ways to address
issues related to the treaty body system as a whole, such as this report and the proposals it contained,
he said.
Presenting the report of the chairpersons of the human rights treaty bodies on their twenty-third
meeting, he said chairpersons discussed the expertise and independence of treaty body members, as
well as ways to enhance their annual meeting. They recommended their meeting be held every second
year outside Geneva in a different region to raise the awareness about the human rights treaty bodies
work, while strengthening links and implementation between international and regional human rights
mechanisms and institutions. To that end, they decided their twenty-fourth meeting would convene in
Africa in 2012, he said.
On the subject of individual treaty bodies, he said the International Convention for the Protection
of All Persons from Enforced Disappearance entered into force on 23 December 2010 and currently
30 States were party to the Convention. On 31 May 2011, States parties elected the first 10 members of
the Committee on Enforced Disappearances, which would hold its first session in Geneva in November
this year. It would also be beneficial for the Third Committee to hold dialogues with chairs of the Human
Rights Committee, the Committee on Economic, Social and Cultural Rights, and the Committee on the
Rights of Persons with Disabilities, he said.
Lastly, he presented the report of the Secretary-General on the activities of the United Nations
Voluntary Fund for Victims of Torture, which, he said, described recommendations for grants to
beneficiary organizations that were adopted by the Board of Trustees of the Fund. The report also
provided information on policy decisions adopted by the Board in implementation of recommendations
by the Office of Internal Oversight Services (OIOS), he said.
Statement by Chair of Committee against Torture
CLAUDIO GROSSMAN, Chair of the Committee against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, underlined the ongoing cooperation between the Committee, the
Subcommittee on the Prevention of Torture and the special procedure of the Human Rights Council, and
noted that the 1984 Convention against Torture now had 149 States parties. Recalling the scope of the
Committees work, he said the body continued to have serious concerns about reporting delays. It
welcomed the submission of new initial reports during the past year by Madagascar and Djibouti, but
deeply regretted that 30 States parties had yet to present their initial report, many of which were over a
decade overdue. He called on those States parties to promptly submit their overdue initial reports.
Additionally, past due periodic reports of which there were at least 65 should be submitted without
further delay.
He stressed that the optional reporting procedure introduced in 2007, which was referred to as
the list of issues prior to reporting, simplified the reporting process, while enriching the dialogue,
increasing the timeliness and resulting in more specific recommendations. States parties had reacted
favourably to the new procedure and the Committee would evaluate and improve it going forward, taking
into account suggestions from Member States and civil society. Noting that the treaty body system as a
whole was facing serious difficulties owing largely to the inadequate capacity of United Nations
conference services to process and translate documents in a timely manner, he encouraged Member
States to reflect on the need for significant additional resources.
Pointing out that State party acceptance of the individual complaints procedure under article
22 of Convention was optional, he said the Committee regretted that only 65 of the 149 States parties
had made a declaration in favour of that procedure. It, thus, called on the remaining 84 States parties to
accept the procedure, which was an important tool for achieving the Conventions goals by enabling
torture victims to present their cases before the international community. He further noted that the
Committee had considered the merits of 17 cases in the last year.
To address its increased workload, the Committee had increased the number of reports it
examined at each session from six to nine for the November session and to eight for the May session. It
had also increased the number of individual complaints reviewed, deciding 12 individual cases in the last
session, in comparison to five at the previous one. Currently, 101 petitions were pending, as a result of
the growing number of complaints submitted. While that increase reflected the positive development
that individuals deemed it important to seek justice through the Committees complaint procedure, States
parties must play a leading role in finding permanent solutions to the resource and workload issues.
Continuing, he said the Committee had dedicated more time to its confidential procedure under
article 20. He appealed to the nine States that had declared that they did not recognize that
competence to withdraw their reservations. At the same time, the Committee had accelerated its work
on general comments, adopting a first draft on a general comment explaining and clarifying the
obligation of States parties under article 14 of the Convention to ensure in its legal system that the
victim of an act of torture obtains redress and has an enforceable right to fair and adequate
compensation, including the means for as full rehabilitation as possible. A second draft would be
prepared at the Committees upcoming session. The Committee had also been discussing, among other
things, a document regarding facts and evidence designed to address important issues, such as the
weight that should be accorded to domestic determinations and the proper standard of proof.
Turning to the consultation process launched by the High Commissioner for Human Rights to
strengthen the treaty body system, he said measures that led to increased efficiency did not necessarily
reduce costs. Making the Committees work more implementable at the national level required more
investment, more means of cooperation with States and more time. Member States had an obligation to
provide adequate resources, so that the system they created could perform effectively, he said. Thus,
the discussion should be continued in the Committee.
He further stressed that the unequivocal and absolute prohibition of torture and cruel, inhuman
and degrading treatment or punishment was set forth in numerous international and regional
instruments, including the Convention against Torture. That framework affirmed that there was no legal
vacuum that would allow questioning the prohibition and had been essential in advancing, with legal
legitimacy, the values of human dignity embodied in those treaties and conventions. For its part, the
Committee had, over the years, achieved important successes in transforming countries legal norms,
investigating and punishing perpetrators of torture, and excluding confessions extracted through torture
from legal proceedings.
Despite these important developments, we cannot affirm that torture had decreased, he
acknowledged, noting that failures to implement the Conventions provisions and refusals continued
apace, with a refusal to adopt clear definitions of torture, to criminalize it and to establish adequate
penalties. Rendition of suspects to countries that continued to use torture was still used as a means of
investigation and interrogation, and forced disappearances continued to deny persons their basic legal
safeguards. At the same time, rehabilitation and redress were rarely provided to victims or their families.
These failures to realize the obligations laid down in the Convention should strengthen our
resolve, he argued. Achieving the goals of the Convention is doable. Let us recommit ourselves to the
full realization of those goals.
He went on to note that torture was sometimes discussed in abstract terms, with statistics and
normative challenges dominating the discussion. Consequently, the human dimension was lost by
language that failed to fully capture the absolute horror of torture. We should not, however, lose sight of
the fact that we are dealing with women, men and children, he said, stressing that the system that you
have created, through the Convention against Torture, recognizes that crucial dimension.
Emphasizing that the Committees work reflected that foundation, he highlighted a recent case
in which the complainant claimed she would be imprisoned and tortured if returned to her country, in
violation of article 3 of the Convention. Among other things, she had been arrested and, while in
detention, subjected to torture, beatings and multiple rapes due to her religious and political activities.
After consideration, the Committee concluded that there were substantial grounds for believing that the
complainant would be at risk of being tortured if returned to her country. The State party against whom
the complaint was filed fully complied with the decisions, giving the person a chance at a new life. In
1984, with the adoption of the Convention against Torture, you created a system that made this
possible, he told delegates. You have contributed to the realization of its goals by saving numerous
lives.
Statement by Chairperson of the Subcommittee on Prevention of Torture
Presenting the fourth Annual Report of the Subcommittee on Prevention of Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, MALCOLM EVANS said during the course of
2010 the number of States parties to the Optional Protocol of the United Nations Convention against
Torture passed 50 and the number of members to be elected by States parties increased from 10 to 25.
That made the Subcommittee the largest of the United Nations human rights treaty bodies, he said. Last
year the Subcommittee conducted full visits to Lebanon, Bolivia and Liberia, and its first follow-up visit,
to Paraguay. The visit to Paraguay proved useful, confirming the belief that the best way to ensure
implementation of recommendations was continuing face-to-face discussion with authorities who had
day-to-day responsibility for detention issues.
The report contained Guidelines on National Preventative Mechanisms, which was the
Subcommittees definitive statement regarding the establishment of such mechanisms. It was greatly
concerned that nearly half of all States parties had not designed those mechanisms, since that was the
most significant single thing a State could do to prevent torture and ill-treatment. The report also set out
the Subcommittees approach to the concept of prevention, explaining that prevalence of torture and ill-
treatment was influenced by a broad range of factors, including general human rights, the rule of law, the
level of poverty, social exclusion, corruption and discrimination.
There were 61 States parties to the Optional Protocol, and that number was set to increase
significantly, but the Subcommittee would only visit Brazil, Mali and Ukraine this year. At a rate of three
per year, a country might only receive a full visit from the Subcommittee every 20 years or so, and this is
clearly not what was intended, he said. The Optional Protocol envisaged far more dynamic
engagement, and such a pace of visiting did not permit sufficient or appropriate use of the 25 members.
This problem could only be fully solved by increasing resources to support its work, but the
Subcommittee was also aware much could be done by reordering its own methods to make better use of
time and resources at its disposal.
Over the course of the year, he said, the Subcommittee had made changes: the Bureau was
now comprised of five members, the Chair and four Vice-Chairs, who were each responsible for an area
of activity, improving efficiency; Regional Task Forces were established to oversee National Preventative
Mechanisms; and a system of informal meetings during plenary sessions was established to make better
use of meeting time. The Committee was also exploring the possibility of using its visiting mandate more
creatively, tailoring for the most pressing elements in the country concerned, and was seeking new ways
of cooperating with United Nations colleagues for a comprehensive approach to tackling torture and ill-
treatment.
Finally, he said he was pleased to report that the Special Fund, which was provided to assist in
funding recommendation of the Subcommittee and education programmes of the National Preventative
Mechanisms, was about to become operational, and could become another powerful tool of prevention.
The Subcommittees role was to act as a catalyst for change, and in the period under review it had
increasingly focused on new partnerships to carry out its work. We do not seek to be dramatic, but we
do intend to be effective, he said.
Question and Answer Session
Chiles representative noted that his Government had used a system of reparations to victims
families on the belief that even symbolic reparations helped heal society. He stressed that the
Conventions full implementation was needed, while further underlining that the definition of torture, as
well as its criminalization and punishment, were topical issues.
The representative of the European Union requested further details on the scope of cooperation
between the three mechanisms presented to the Committee today, as well as other United Nations
bodies, victims, civil society and academia, as well as other mechanisms at national and regional levels.
Referring to the confidential procedures established in article 22, he requested a general evaluation on
the use of facts and evidence under that procedure. What did the Subcommittee do in the absence of
national preventive mechanisms? How was the enhanced capacity of the enlarged Subcommittee used?
The representative of Liechtenstein, noting the Committee against Tortures pioneering role in
treaty body reform, asked about the benefits of focused reports. He asked if the broad application of the
Convention, including in efforts to prevent domestic violence, undermined the prohibition against torture.
Brazils representative highlighted a draft law currently being considered that called for the
establishment of a national prevention mechanism in accordance with the Paris Principles. That
mechanism, which would have two stages and would be composed of 23 members, would have free
access to places of detention without prior notification. The Brazilian Government was also engaged in
promoting state and local mechanisms, he said, adding that President Dilma Rousseff had sent a
proposal to Congress to set up a national commission for truth. In that context, he asked what measures
could be taken to improve the country visits by the Subcommittee.
The representative of the Czech Republic asked how the work of the Subcommittee had
changed since Mr. Evans first took up his mandate.
Pakistans delegate noted the large number of overdue reports, on one hand, and the backlog of
pending reports, on the other. In that context, he asked for further details on how resources were initially
allocated by the Committee and what mechanisms were in place to help it deal with the submission of
reports, including with new parties joining the Convention.
Norways representative asked about the effect of the new optional reporting procedure. What
were the main trends on follow-up to the Committees recommendations? To what extent did States
parties submit information on follow-up? What was the Committee doing to address the problem of
overdue reports?
Denmarks delegate recalled that the three torture mandate holders appearing today were not
the only United Nations mechanisms working against torture. The Human Rights Committee and the
Special Rapporteur on extrajudicial, summary or arbitrary executions, along with some regional
mechanisms, also played critical roles. Her delegation wondered what the cooperation among those
bodies was like. Regarding the comprehensive review of the treaty body system, what was the most
desired outcome by the Committee and the Subcommittee? Given its recent enlargement and active
mandate, what was the Subcommittee doing to train new members?
Responding, Mr. GROSSMAN agreed that the issue of reparations was essential, including
regarding its impact on non-recurrence. If institutions allowing for torture continued, even if the
Committee had dealt with an individual case, the Committee would have largely failed in its main goals.
Generally speaking, human rights violations were not resolved in victims eyes, if compensation alone
was paid. Indeed, the saying that money cures all ills did not apply to human rights victims. People
wanted some kind of satisfaction. Often their very identity had been challenged, and they wanted
integral, full reparation, not just money. While other treaty bodies dealt with these issues, too, the
Committee against Torture felt a particular need to consider the matter, including in its general
comments.
He heard in the question from the European Union an encouragement for greater cooperation
and he fully agreed. More could be done in that regard and he was particularly interested in combining
efforts, so that the wheel did not have to be reinvented. In addition, when State reports were
considered, the comments of other treaty bodies were borne in mind.
Continuing, he stressed that questions of legitimacy were critical, particularly in the context of
torture, which destroyed legitimacy and required that what was said must constantly be re-evaluated.
He noted that the Committee obviously met with the Subcommittee. In addition, civil society could
always enrich the discussion, as could national human rights organizations. He was a bit disturbed,
however, by shadow reports, because civil society should not be in the corridors shadowing the
Committee.
The standard of proof was also very important, he said, underscoring the importance of looking
into the eyes of the person who said they were tortured. It was possible to use football jargon to speak
about preponderance of proof and reasonableness namely, that in the criminal courts you had to win
the game five to one, which was a much higher standard of proof than in civil courts. The next question
was what value determination was given to national bodies. That also applied to regional courts, where
different standards of proof applied. Thus, weighing legitimacy was very difficult and, as he mentioned in
his presentation, the Committee was discussing a document on the standard of proof.
He agreed there was a timing problem in considering reports. [At this point it was clear that
reports shared be taken up within one year, not three, since by then reports became obsolete]. That
impacted the resource question, while also introducing the temptation to request limits on State
responses. Yet, that latter option seemed rather obscene. For example, could you ask a State party a
question about torture and then limit the amount of pages of response? Among other things, it was a
question of priorities, he said, noting that while the Committee could draw up a list of issues, it had to
consider how to list issues for a country that had not yet submitted a report. He wondered what States
thought the Committee could do to achieve more timeliness in its procedures.
He went on to suggest that there was always a question of how much could be covered by both
the Committee and the Convention including gender issues and domestic violence, which was also a
kind of torture. But, if the Committee tried to cover everything, it became too much. The reality of the
situation must be considered, he stressed.
Responding to Brazil, he said such serious issues had to be investigated. As for Pakistans
comments, he noted the Committee was always very happy to receive a report. It then had to respond
as quickly as it could given its resources. He recalled that the Committee had two rapporteurs to follow-
up to specific articles. Some recommendations stipulated year-long deadlines for follow-up, although it
was impossible to change a legal system in that time. Thus, the Committee sought to have a continuing
dialogue with States parties.
Before hearing from Mr. EVANS, Panamas delegate said that her country ratified the protocol in
July and it wondered what the procedures were for beginning a constructive dialogue with the
Subcommittee and scheduling a country visit.
Next, Mr. EVANS said there was an annual joint meeting between the Subcommittee and the
Committee against Torture, and the two bodies were experimenting on how to make it as useful as
possible, including regarding its procedures and substantive consultations. Careful attention was paid to
all mechanisms working under the United Nations auspices in the Subcommittees approach to country
visits. Much of the focus was on building partnerships and building up the structures of national
preventive mechanisms, which States parties were required to establish.
He noted that it was not possible to include all Subcommittee members in the visiting system,
which was one reason why the Subcommittee was working to reform its internal work practices. The
membership could be used more effectively if the Subcommittee fashioned a variety of working tools.
He said the biggest advantage of confidentiality was that it allowed close relations to be entered
into with States. The Subcommittee could be open and honest, as could States. One of the downsides
of confidentiality, of course, was that recommendations were also secret, which potentially impoverished
the results of a visit by the Subcommittee.
The Subcommittee was delighted that procedures for a national preventive mechanism had
been put in place in Brazil. He said follow-up could be improved if countries could respond to reports
within the 6-month time frame stipulated by the Subcommittee and that they ensured, as far as possible,
their responses mapped the questions. Continuing follow-up could also be useful after the initial follow-
up.
He said the responses over his term had been magnified by the increasing number of States
parties to the Optional Protocol. National preventive mechanisms were also helpful because they
provided an interlocutor within the States. That could potentially fill the gap between the cycle of visits,
which was longer than wished. Pointing out that each country visit commenced a new discrete process,
he said in-country work was logistically and practically difficult, both for members of the Subcommittee
and the Secretariat, which needed more support
He endorsed the suggestions for a broad and wide engagement with other partners, including
throughout the United Nations family. However, while such engagement was rewarding, it was also
challenging, practically speaking. As for the goals of strengthening the treaty body system, he hoped for
enhanced compliance by States parties with their obligations. Preventive visits required a wide skill set
from the Subcommittees membership and the resource pool had been widened with the bodys
enlargement. Yet, training was critical in blending that experience in a common working practice. The
Subcommittee was also using smaller working groups to that end, although the absence of a common
core language meant that working outside a plenary meeting was much more difficult.
Regarding Panamas question, he expressed hope that in the future the Subcommittee would be
able to meet with newly ratifying States possibly on an informal basis, to explain the visiting process. He
stressed that contact in the first year - during which the national preventive mechanism was supposed to
be put in place - would be particularly helpful.
Special Rapporteur on Torture
JUAN MNDEZ, Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, said he wanted to present his findings on the use of solitary confinement, a
practice which was global in nature and subject to wide abuse. There is no universally agreed-upon
definition for solitary confinement; in addition, in many countries, it may also be known as segregation,
isolation, separation, cellular, lockdown, Supermax, the hole, or Secure Housing Unit. For the
purposes of my report, I use the term solitary confinement to allude to all of these practices and define
solitary confinement as the physical and social isolation of individuals who are confined to their cells for
22 to 24 hours a day, he said.
Prolonged solitary confinement was a particular concern of his, given that the practice had
increased, especially in the context of the war on terror and as a threat to national security. There
was no international standard for its permitted maximum overall duration, even though it may amount to
torture. Being aware of the arbitrary nature of the effort to establish a moment in time in which an
already harmful regime becomes prolonged, I suggest that 15 days is the limit between solitary
confinement and prolonged solitary confinement. It is at that point, according to the literature surveyed,
that some of the harmful psychological effects of isolation can become irreversible. In my report, I
propose a worldwide ban on prolonged solitary confinement, he said.
It was important, however, to ensure a clear distinction between solitary confinement and
various forms of segregation within places of detention, he said. Physical segregation might be
necessary, but should not adversely impact a detainees social regime. Given its serious psychological
and physiological effects, he concluded solitary confinement was a harsh measure contrary to the
essential aim of the penitentiary system to rehabilitate offenders and facilitate their reintegration into
society. Juveniles, given their physical and mental immaturity, should never be subjected to solitary
confinement, he said. Equally, individuals with mental disabilities should under no circumstances by
subjected to solitary confinement, even when there was reason to believe they might be a threat to
themselves or others, as it only aggravated their state of mental health and the risk of harm.
He proposed that solitary confinement be banned when used as a penalty, in pre-trial detention,
indefinitely or for a prolonged period, for persons with mental disabilities and for juveniles. Depending
on the severity of physical conditions in a place of detention, the length of a solitary confinement regime
and absence of such factors as family visits, access to media or religious counselling, isolation of
inmates amounted to cruel, inhuman or degrading treatment or punishment or in more severe cases
to torture. He went on to urge States to review their practices of solitary confinement, reinforcing it
should be used only in very exceptional circumstances, for as short a time as possible. Detained
persons in solitary confinement must also be afforded genuine opportunities to challenge the nature of
their confinement and its underlying justification through courts of law, with free access to competent
legal counsel.
He concluded with a brief update on the status of his country visits; with full cooperation of
Tunisias interim Government, he conducted a visit in May 2011 to examine violations during the Ben Ali
regime, assess abuses committed during and after the recent revolution there and identify measures
needed to prevent torture and ill-treatment in the present and future. He looked forward to continued
engagement with Tunisian authorities and key actors during this period of transition and would present
his final report of that mission to the Human Rights Council in March 2012. He described planned visits
for the remainder of this year or in 2012, and the results of his first regional consultation, held in
Santiago, Chile in June.
Question and Answer Session
Tunisias representative confirmed her countrys full commitment to advancing human rights.
The European Unions delegate asked how he cooperated with other players in the area, what
was the overall trend in preventing the use of torture, and what was the difference between solitary
confinement and being kept incommunicado and were they approached the same or differently.
The delegate of the United States said her countrys Constitution said solitary confinement
should not be used without careful analysis of the reasons and psychological effects. She asked
whether the Special Rapporteur would indicate what areas he would focus on this year, and whether the
concerns of protesters would remain a priority focus for the coming year.
Switzerlands delegate asked what was the basis for the 15-day limit for solitary confinement,
what could be done to encourage changes to States approach to solitary confinement and would he
have a report on the link between torture and other cruel, inhuman or degrading treatment or punishment
in States moving towards democracy this year.
Norways delegate asked for examples of control measures that could provide alternatives to
solitary confinement during pre-trial detention.
Denmarks delegate asked if he had practical suggestions on how States could better assist his
mandate and could comment on how States had received him. She also asked him to elaborate on his
victim-centred approach, particularly in respect to States obligations to rehabilitate torture survivors, and
whether that also pertained to a separate State where torture survivors could find themselves afterwards
as refugees.
Responding, Mr. MNDEZ thanked the representative from Tunisia for her statement and the
countrys broad cooperation with his mandate. In response to questions, he said there was much
cooperation with other mandates. Many communications sent to States were in fact joint
communications with other working groups and Special Rapporteurs, which they had found was an
effective way to convey the concerns of the international community. But, he was still working on further
cooperation with other mandates.
On how to prevent torture, he said it was important to support the work of the Subcommittee on
Prevention of Torture and the Optional Protocol to the Convention against Torture. States who ratified
the Protocol should establish National Protective Mechanisms. There had to be full investigations of
cases, along with examination of required reparations and rehabilitation to help deter future cases of
torture. On the subject of holding detainees incommunicado, he said it also had to be shorter than the
15-day period. Incommunicado detention had to be monitored by a judicial authority and for a short
time. It was an exceptional step, with very strict guarantees.
States needed to look at their domestic laws to identify problems and place strong protective
measures, so there was no excessive use of solitary confinement, he said. But, many countries did not
have safeguards for those procedures. So, good practices needed to be promoted from one country to
another to make torture and inhuman treatment less common, he said. The 15-day deadline for solitary
confinement was totally arbitrary, and subjective factors determined whether or not anything beyond
that period was torture. Some studies said confinement after seven days created a long-term
psychological impact, but for practical purposes he proposed a 15-day limit.
On the question how to encourage States to end solitary confinement, he answered that his
report was just an attempt to start a dialogue on the subject; he would like to hear criticism and
comments from States and civil society to get clearer guidelines on the issue. He also said he realized
that when some dictatorial countries moved towards democracy, it was a good time to move away from
torture for the future.
On alternatives to solitary confinement in pre-trial detention when a case is being investigated,
he said such people should be held for very short periods of time, with access to legal counsel. There
may be a justification for limiting access to the outside world, but they should have access to legal
counsel, he said.
Statements
BERNADETTE CAVANAGH (New Zealand), speaking also on behalf of Canada and Australia,
called on States to ratify and fully implement the Convention on the Rights of Persons with Disabilities as
a matter of priority. Her delegation had participated in the Human Rights Councils annual debate on the
rights of persons with disabilities and looked forward to work on the theme of participation in public and
political life by persons with disabilities. This years Fourth Conference of States Parties to the
Convention had drawn welcome attention to a core principle of the Convention: that facilitating the full
participation of persons with disabilities in society benefited entire communities.
She went on to say that Australia and New Zealand had deposited their initial periodic reports
on the Conventions implementation to the Committee on the Rights of Persons with Disabilities, while
Canada was preparing to do so in April 2012. The large number of States that had joined the
Convention meant that the Committee faced a backlog of work. It met for only two weeks a year and
she requested that more time be allocated to that Committees annual meeting time, commensurate with
its workload, to ensure the rights of all persons with disabilities were treated equally within the United
Nations. She also urged that business be conducted efficiently, and that the Committee Chair appear in
an interactive dialogue in future sessions, placing the Committee on par with other treaty bodies.
FRIEDERIKE TSCHAMPA, Delegation of the European Union, said 2011 had been marked by
some advancement towards the universal ratification of core human rights treaties. The implementation,
at the domestic level, of the provisions of human rights treaties, however, remained the key challenge. A
key component of the obligations of States parties to the treaties was the genuine and sincere
cooperation with treaty bodies in the follow-up to both concluding observations and views of individual
cases. Last September, the Union, as a party in its own right, to the Disabilities Convention, participated
in the Conference of States parties and shared its experiences in implementing the Convention. She
also welcomed the entry into force of the International Convention for the Protection of All Persons from
Enforced Disappearance, which marked a significant development in human rights standard-setting.
Welcoming the consultations on how to make treaty bodies more efficient and better equipped to
deal with the growing number of States parties, the increasing number of tasks they had to perform and
increased coordination, she said the independence and expertise of the members of treaty bodies
needed to be guaranteed.
Turning to the OHCHR she said that the independence of the Office was crucial for performing
its tasks in an efficient and impartial manner. She stressed that the free and unhindered contact and
cooperation with individuals and civil society were also indispensable to enable the United Nations and
its mechanisms to fulfil their mandates. Echoing previous calls of the High Commissioner for States to
stop any act of intimidation or reprisal against individuals and groups who cooperate with the
Organization, she called on States to facilitate and encourage such cooperation instead.
GWENDOLYN NWACHUKWU ( Nigeria) said that her country had concluded the first cycle of its
Universal Periodic Review an important process in promoting and protecting fundamental human rights
and the modalities had been put in place for the commencement of the second cycle. She also
pointed out that similarities existed between the Review and the African Unions Peer Review
Mechanism, which had in fact been in practice prior to the adoption of the Periodic Review by the
Human Rights Council. For too long, she said, the world had concentrated on the promotion of civil and
political rights to the detriment of economic and social rights. It was imperative that an agreeable
balance be reached in that regard, she went on, warning that any discussion of human rights in their
civil and political contexts alone would be meaningless to the vast majority of people around the world.
Those people increasingly saw their human rights in the rapid improvement of their livelihood. Increased
developmental and financial assistance to developing countries was needed, as was the redirection of
human rights mechanisms towards the achievement of economic and social rights, in order to realize the
Millennium Development Goals.
Poverty, conflict and diseases remained some of the worlds biggest problems, she continued,
especially in developing countries. Additionally, it was clear that an umbilical connection existed
between security and development, with obvious consequences for the full enjoyment of human rights.
In spite of the concerted efforts of the international community, it was also regrettable that racism, racial
discrimination, xenophobia and related intolerance remained major challenges for the international
community. Nigeria was, therefore, committed to the Durban Declaration and Programme of Action as a
viable platform, and urged others to do likewise including through the establishment of appropriate
political and social conditions to foster national cohesion and tolerance, and the creation of dynamic
networks for sensitizing all segments of society on the evils of racial discrimination. Nigeria had also
implemented its Transformation Agenda, which encompassed political and economic reforms and aimed
at improving the livelihood of all Nigerians in the shortest possible time.
LI XIAOMEI ( China) said her delegation had paid close attention to the work of the human
rights treaty bodies and their reform. While it was necessary for those bodies to improve efficiency, they
must work strictly in accordance with their mandates, avoiding any act that exceeds those limits and
steering clear of politicization and selectivity. In accordance with the principles of objectivity and
impartiality, they should engage in dialogue with States parties to ensure that their conclusions and
recommendations matched the conditions of States parties. That would facilitate the implantation of the
treaty in question. Further, treaty bodies should widely seek inputs by all bodies, including in drafting
general comments, which should be faithful to the original treaty. Treaty bodies must also pay close
attention to the suggestions of member States in drafting general comments. In that regard, her
delegation noted its written response submitted to OHCHR to the Committee against Torture on article
14 of the Convention. China also called for the establishment of an open-ended working group to seek
broad consensus on treaty body reform.
She further noted that China had acceded to 25 human rights instruments, including the
Convention on the Rights of the Child and the Convention against Torture. It had signed the
International Covenant on Civil and Political Rights and was carrying out the necessary reforms to create
conditions for its ratification. The Government was also paying great attention to aligning domestic laws
and policy measures with treaty provisions. At the same time, it was making active preparations for the
consideration of its first compliance report on the Convention of the Rights of Persons with Disabilities.
Preparations were also under way for its combined seventh and eighth periodic reports to the Committee
on the Elimination of Discrimination against Women. The Government was actively supporting both the
Hong Kong and Macao Special Administrative Regions in fulfilling their relevant treaty obligations under
the principle of One Country, Two Systems.
JORGE VALERO BRICEO ( Venezuela) said his country was fully committed to freedom,
justice, equality and solidarity. It had, in practical and concrete steps, enshrined all human rights.
Mechanisms to broaden the enjoyment of human rights were being set up, with greater power being
given to the people every day. The norms contained in the human rights treaties and conventions
ratified by the State had constitutional legitimacy and were paramount in the constitutional system.
Venezuela had ratified nine major human rights instruments and had recently acceded to three more
namely, the Optional Protocol to the Convention against Torture, the Migrant Workers Convention and
the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. Roughly
$38,000 was being donated to the United Nations Voluntary Fund for Victims of Torture, which was
collected at a concert by the Simon Bolivar Youth Symphony Orchestra.
He stressed that the exercise of human rights should be based on objectivity, impartiality and
non-selectivity. The rights were universal and must also take account of national values and systems
around the world. Above all, Venezuela oriented its public policies around poverty eradication and had
cut its rates of extreme poverty from 21 per cent in 1998 to 7.1 per cent last year. Unprecedented levels
of social investment had allowed the country to attain nearly all of the Millennium Development Goals. It
was, therefore, moving towards a quality democracy where freedoms were being exercised. Indeed,
there were no political prisoners, no impunity, no death sentence, no torture, no political persecution and
no secret jails. Protection was not offered to international terrorists and freedom of expression was not
limited. People were allowed to make public protests. Nonetheless, some powers and their allies tried
to accuse certain countries by invoking the war against terrorism. Those same powers launched
fratricidal wars to satisfy their geo-political appetites, while flagrantly violating the human rights of poor
people.
Introduction of Draft Resolutions
In the afternoon, the Committee heard the introduction of several draft texts.
The representative of Peru first introduced the draft resolution on promoting social integration
through social inclusion (document A/C.3/66/L.8). He stressed that social inclusion was a prerequisite
for promoting peaceful, stable and just societies. Economic growth did not guarantee social inclusion;
thus, social inclusion must be a focus in the Third Committee. Stressing that social inclusion formed the
basis of democratic institutions, he noted that the current text aimed to promote the social inclusion of
all, including the most marginalized. Times of economic crisis particularly called for measures to ensure
social inclusion, making the text especially relevant.
Argentinas representative, speaking on behalf of the Group of 77 developing countries and
China, then introduced the draft resolution on follow-up to the tenth anniversary of the International Year
of the Family and beyond (document A/C.3/66/L.12). He recalled that 1994 was proclaimed the
International Year of the Family to emphasize the contribution of the family to social development and on
the basis of the need to focus on people-centred policies. In 2004, the tenth anniversary of the Year was
celebrated and a decision made to support follow-up to the Year, as well as to celebrate its anniversaries
at 10-year intervals.
He emphasized that this biannual resolution had always received wide support and was always
adopted by consensus. The Group of 77 and China had ensured, as it did every year, that no
controversial elements were inserted into the text. However, last years text had been updated to reflect
preparations for the upcoming 2014 twentieth anniversary of the International Year, based on the
Economic and Social Council resolution 29/2011, which was adopted on 28 July 2011.
Finally, Mongolias representative introduced the draft text on improvement of the situation of
women in rural areas (document A/C.3/66/L.19). Noting that this biannual resolution was traditionally
sponsored by her delegation, she noted that it was being co-sponsored this year by Guatemala. She
stressed that women played a vital, yet not fully acknowledged, role in agriculture and rural
development. They continued to be economically and socially disadvantaged. They had limited access
to economic resources and opportunities, while also being excluded from planning and decision-making
processes. That state of play demanded that more efforts be directed towards their empowerment.
Outlining the draft text, she noted that new operative paragraphs, based on the recommendations of the
Secretary-Generals recent report, aimed to help adopt gender-responsive rural strategies and budget
frameworks, incorporating the needs of rural womens needs and priorities.
Statements
MARA ELENA MEDAL ( Nicaragua) said her country had established a legal framework
enshrining the human rights of all its citizens, while its Constitution also guaranteed respect for human
rights, and the country had ratified international human rights instruments. Free access to health care
and education as well as plans for employment and housing were important targets in its national plan
for human development, since rights could not be discussed without first and foremost tackling poverty.
Nicaragua was committed to guaranteeing the promotion of human rights, and it had moved
forward within its legal framework. The country had opened institutions, such as the Counsel for the
Defence of Human Rights, which had offices for groups such as women, children, the disabled and
indigenous peoples, ensuring protection of their rights within the legal system. Major efforts had been
made for administrative and legislative standards, including establishing an office for legal defence, she
said.
HATEM TAG-ELDIN ( Egypt) said the international community must respect efforts to defend
freedoms and support national endeavours towards democracy, good governance and respect for
human dignity, and cultural and religious diversity. It must avoid imposing new controversial notions or
rights through a confrontational approach. Recent developments reaffirmed that real democracy was
born from the values of its societies. It was important to increase attention on the right to development
and the right to food as fundamental rights. The increased participation of developing countries in the
international financial institutions was needed and respect for cultural and religious diversity should be
promoted. Commitments must be made to fully respect all human rights, while countering terrorism.
Institutional balance must be restored among the principal United Nations bodies. A code of conduct
was needed for special procedure mandate holders.
He noted that General Assembly resolution 65/281 on the review of the Human Rights Council
reaffirmed that bodys subsidiary status to the Assembly and the Third Committee. The full and objective
implementation of the institution-building package must be ensured, particularly by guaranteeing
unequivocal adherence by the special procedures to their given mandates. He recalled the foundation
laid by the 2005 Summit Document, which stipulated that protecting human rights was, primarily, the
responsibility of national Governments. The Assembly must work to elaborate a comprehensive
international understanding of the responsibility to protect. Following its revolution of January 2011,
Egypt was considering new legislation to promote freedom of religion and combat any acts that
constituted incitement to religious hatred and violence. New legislation for the establishment of trade
unions and societies had been approved. An inter-ministerial working group had been established to
evaluate Egypts possible accession to the few remaining human rights treaties and protocols to which it
was not yet party. The restructuring process of the National Council for Human Rights was also being
supported.
MOURAD BENMEHIDI ( Algeria) said his country made every effort to protect human rights and
take up its share of responsibility in African and Arab efforts to promote those rights. Its institutional and
political reforms included new constitutional laws and a new law on information. A review done on
political parties, civil society and the rights of women showed the Governments firm commitment to
promoting human rights through an inclusive approach that brought together all political and social
elements of society. Algeria was also concerned about the future of its youth, and had created a number
of programmes so they could join the workforce. Also, advancing womens rights would enable them to
be full agents of change in society and allow them greater involvement in decisions within institutions.
The principle of universal human rights should allow individuals to see that their fundamental
rights and freedoms were protected and acknowledged and that also meant there was no one world
social or political model. There must be respect for the political and social system created by each
State. Promotion and improvement of human rights situations in countries was currently going through a
crisis, because specific characteristics must be taken into account when trying to advance human rights.
Accession to international human rights instruments should not be a selective process. For example, the
International Convention on the Protection of the Rights of All Migrant Workers had mostly been ratified
by countries from which migrants flowed.
MOHAMMAD ALI AL NSOUR ( Jordan) said that his countrys Parliament had, a few weeks
ago, approved comprehensive constitutional reforms to ensure more human rights protections,
enjoyment of freedoms and enhancement of political participation for all citizens. The amended
constitution emphasized the importance of the family, youth and persons with disabilities, and stressed
the need to protect them from exploitation. It prohibited any act of torture and banned detention outside
those places designated by the laws regulating prisons. Any statement extracted under torture was
barred from consideration. Guarantees were explicitly granted to the freedom of opinion and the right of
expression. All postal, telegraphic and telephonic communication would now be treated as private and
not subject to censorship, suspension or confiscation.
In the last few months, the country witnessed unprecedented shifts in terms of exercising the
rights of expression and public assembly, where hundreds of peaceful demonstrations were conducted
every Friday in very organized and responsible manners, he noted, stressing that the new Constitutional
Court was an extremely significant step in accelerating national efforts to apply democracy in a manner
compatible with the highest international criteria. As a critical and impartial body that was binding on all,
the Court maintained a balance that was reflected in the protection of all human rights. An important
amendment was also made to establish an independent election commission to conduct and supervise
fair, transparent and impartial elections. All of those efforts were, he said, part of a comprehensive,
home-grown and home-led process that aimed to enhance democracy and political participation.
ATSUKO HESHIKI ( Japan) said her country had long recognized the protection and promotion
of human rights as one of its most important diplomatic policies and had provided many countries with
support aiming to establish democracy, including assistance to build legal systems. Recent movements
pursuing democracy could help promote fundamental freedoms, human rights and dignity of individuals,
and the international community should respond to that new development positively.
The Human Rights Council played a critical role in protecting human rights around the globe,
and Japan had continuously cooperated to strengthen its functions, providing full support to its Special
Procedures. Japan was standing as a candidate for the Human Rights Council in 2012, and believed it
could enhance the Councils ability to tackle new human rights issues flexibly and responsively. It was
also faithfully implementing international conventions on human rights, and had set concrete
performance objectives for the priority fields in the basic plan for gender equality.
AZAMAT KADYRALIEV ( Kyrgyzstan) recognized the need to support human rights and the full
compliance with human rights standards contained in the Universal Declaration of Human Rights. His
Government advocated strict compliance with the decisions of the Human Rights Council. As a member
of that Council, his Government planned to fairly protect and promote human rights and to ensure that
the Council worked efficiently. He welcomed the report of the Committee against Torture. To reinforce
its interaction with the special procedures of the United Nations, Kyrgyzstan had been implementing
specific concrete measures aimed at the development of its judicial system. It had joined the Optional
Protocol to the Convention against Torture, and it was looking at establishing a national preventative
mechanism to ensure the transparency of its detention centres.
He further stressed that the Kyrgyz Government was interested in enlarging the dialogue on
human rights with the special procedures mandates holders. It was planning to organize a country visit
for the Special Rapporteur on Torture. As a member of the Group of Friends combating human
trafficking, Kyrgyzstan fully supported the efforts of the international community to combat that modern
form of slavery. He appealed to all Member States to continue to work towards carrying out the Global
Plan of Action on Trafficking in Persons.
MARGARITA VALLE CAMINO ( Cuba) said that, in 1959, her country began the construction of
a social system that made the dream of universal human rights a reality. Today, it had made significant
progress in human rights, including the right to self-determination, despite the serious threats by the
Government of the United States for over 50 years. Through participatory democracy designed by its
own people, Cuba had promoted selfless cooperation in human rights. Today, thousands of Cuban
professionals provided services in developing countries, no matter their political or ideological stripe.
Besides being State party to the 42 most important treaties on human rights, Cuba was fully disposed to
frank and open dialogue.
In compliance with its obligations for rights, Cuba was preparing reports along with the
calendars of treaty bodies. It had always defended the noble causes of the people, providing for their
economic and social rights, so they could be at the same level as their civil and political rights. Cuba
was firmly committed to Special Procedures and hoped the sanctions regimes against the countries of
the South, which went hand-in-hand with impunity of the countries of the North, would not be repeated in
the framework of the United Nations.
ASIM AHMAD ( Pakistan) said the implementation of international human rights instruments
remained an uphill task, as millions of people continued to endure conflicts that were often sparked and
sustained by the politics of scarcity, greed and exploitation. Millions also continued to suffer the yoke of
foreign occupation and were denied fundamental freedoms and the right to self-determination. The
Vienna Declaration recognized the inherent link between poverty and human rights violations. Poverty
alleviation must, therefore, become the central theme of the human rights machinery. On the twenty-fifth
anniversary of the Declaration on the Right to Development, the world community should reaffirm that its
implementation was the best way forward to address the plight of millions aspiring to be lifted out of
poverty. Pakistan also welcomed the consensus adoption in the Human Rights Council of a resolution
providing practical steps to combat incitement to intolerance, negative stereotyping and discrimination on
the basis of religions or belief, and looked forward to its adoption in the Assembly.
He went on to say that Pakistans constitution was built on the principle of equal rights and equal
treatment of all citizens and persons without distinction. It directed the State to take appropriate
measures to enable women to participate in all spheres of life and community, and to safeguard the
rights and interests of minorities. As a whole, the constitutions aspiration was for a modern, moderate
and democratic polity that would uphold all human rights and foster respect, especially for the rights of
women, children and minorities. Pakistan was a State party to seven core human rights instruments
and, among other steps, had recently withdrawn its reservation to the International Covenant on Civil
and Political Rights and the Convention against Torture. Its Ministry of Human Rights monitored and
addressed human rights violations and trends. Further, Pakistans media was one of the freest and most
vibrant in South Asia.
SAID AHOUGA ( Morocco) said his country was a Muslim State that attached great importance
to tolerance and dialogue with mutual understanding of all civilizations. The Moroccan Government was
pursuing a society of solidarity, he said. The Constitution had granted the Amazigh language status as a
State language and would integrate it into all areas of public life. The Hassaniya language was also a
very important part of that policy, which promotes teaching the language to encourage the openness of
all of society. In that commitment to cultural rights, Morocco last September hosted the independent
expert on cultural rights. Morocco was also working towards gender equality through formation of a
special authority.
Under the new Constitution, torture, arbitrary or secret detention, or enforced disappearances
were all made the gravest of crimes, for which perpetrators would be punished at the most severe levels,
he said. To implement institutional reforms and preserve the dignity of citizens and protect their rights,
Morocco had established a number of new independent institutions responsible for human rights and
good governance, such as the office of the Ombudsman and the national body on fighting corruption. It
also recognized without ambiguity the supremacy of international law and the need to harmonize its
legislation with human rights principles. It had started to ratify a number of international human rights
instruments, such as the Optional Protocol.
EDUARDO ULIBARRI ( Costa Rica) voiced support for the six thematic priorities of the Office of
the United Nations High Commissioner for Human Rights (OHCHR) and underlined the importance of
fortifying human rights mechanisms and continuing to combat poverty and impunity. Underlining the
importance of recent events in the Middle East and North Africa, he stressed that demands for change
must be followed up on. At the same time, sufficient funding to meet unexpected requirements by the
Human Rights Council was required. The mechanisms for the submission of reports to the treaty bodies
provided an opportunity to review human rights policies openly and comprehensively. Efforts to
strengthen the human rights treaty bodies were critical, given their difficulties in responding to the
growing bodies of work, despite efforts to raise efficiency. Solutions that responded to the real problems
must be sought and should strengthen those bodies, not weaken them.
He stressed that the independence of the treaty bodies must also be guaranteed. Some of the
initiatives undertaken by OHCHR were very positive, he said, citing the human rights index in particular.
For its part, Costa Rica awaited with interested the report to be presented by the High Commissioner in
early 2012 on treaty body reform.
DUSHYANT SINGH ( India) said that the mission of the promotion and protection of human
rights within the United Nations was put on a firm footing with the adoption of the Universal Declaration
of Human Rights in 1948. The Human Rights Council was an important body that the international
community had carefully constructed to strengthen the protection of human rights around the globe.
India considered the Universal Periodic Review to be a positive and unique mechanism that enhanced
its commitment to making a genuine difference to the improvement of human rights on the ground. India
acknowledged the important role played by treaty bodies in monitoring the implementation of the treaty
obligations by the State parties.
The international community took a major step in the promotion and protection of human rights
by adopting the Vienna Declaration and Programme of action in 1993, he said. It was explicitly
recognized for the first time that gross violations of human rights anywhere was a matter of grave
concern for the international community. India attached much importance to the Right to Development,
and recognized that development was a comprehensive economic, social, cultural and political process.
Lasting progress in this respect required effective development policies at the national level, as well as
equitable economic relations at the international level. For its part, India has made important strides in
facilitating the enjoyment of human rights of its citizens in the last two decades. India established an
Independent Human Rights Commission in 1993, and had also enacted the Right to Information Act to
ensure transparency and accountability of the Governments activities. A National Commission for
Women was also created to investigate and register complaints of violations of rights of women.
Recently, India began implementing the Right to Education Act, which applies to all schools whether
private or public. Various laws relating to human rights were underway in parliament, including the
national food security bill and the national rural employment guarantee bill.
YANA BOIKO (Ukraine), underlining the importance of universal adherence to and full
implementation of the international human rights treaties, called on State parties to fully comply with their
obligations, including those related to reporting. Ukraine strictly adhered to its international obligations,
including full and comprehensive cooperation with the relevant treaty bodies and worked to achieve the
highest standards in that sphere. Noting her Governments submission of a number of reports, she
reiterated its commitment to further cooperation with United Nations treaty bodies through its prompt
action on their recommendations.
Saying the Human Rights Council had proved its necessity, she pointed to the Universal
Periodic Review as an extremely important tool that, when working properly, could improve the situation
of human rights globally. She was pleased to see the increased attention within the Council on
prevention, which was a pragmatic alternative to combat human rights violations. The Councils
adoption of a resolution on the role of prevention in the promotion and protection of human rights, which
was initiated by Ukraine, demonstrated the strong potential of preventive strategies, policies and
measures to ensure respect for human rights. Her delegation emphasized the need for enhanced
interaction between the United Nations and regional organizations to intensify common efforts to prevent
human rights violations. As Chair of the Committee of Ministers of the Council of Europe from May to
November 2011, Ukraine had chosen the issue of human rights and the rule of law in the context of
democracy and stability in Europe as a priority theme. In addition, it had hosted an international
conference on the role of prevention in the promotion and protection of human rights from 20-
21 September.
TAGHI M. FERAMI ( Iran) said the promotion and protection of human rights could only be
realized in the spirit of genuine dialogue and constructive cooperation. Iran had fully engaged in the
Universal Periodic Review mechanism of the Human Rights Council by submitting a detailed and
substantiated national report to the Council and sending a high-level delegation to it in February 2010.
Iran was also an active member of many of the core international human rights treaties. Capacity-
building in the field of human rights was needed and must pay due attention to national and domestic
particularities, levels of development and existing internal infrastructures. Barriers obstructing the
natural development of countries, such as embargoes, internal armed conflicts, wars and foreign
occupation should also be considered. Further, universality, indivisibility and inter-relatedness of all
economic, social, cultural, civil and political rights should be fully respected. In that regard, countries
must refrain from adopting selective policies.
He noted that Iran had submitted its third periodic report under the International Covenant on
Civil and Political Rights and was defending that report on 17-18 October before the Human Rights
Committee in Geneva. The second periodic report under the International Covenant on Economic,
Social and Cultural Rights had also been submitted to the Committee overseeing that covenant. It was
in the last stage of preparing its third and fourth reports for submission to the Committee on the Rights of
the Child. His delegation stressed that national and regional particularities, as well as the various
cultural, historical and religious backgrounds of States must be fully taken into account in joint efforts to
promote and strengthen human rights.
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For information media not an official record