GA/SHC/3959
Sixty-fourth General Assembly
Third Committee
28th & 29th Meetings (AM & PM)
Also Hears from UN Human Rights Experts on Migrants, Internally Displaced, Human Rights Protection while Countering Terrorism
Addressing the Third Committee (Social, Humanitarian and Cultural) today, as part of its discussion on ways to enhance the promotion of human rights, Lynn B. Pascoe, Under-Secretary-General for Political Affairs, spoke of increasing attention within the United Nations on safeguarding its reputation for impartiality in electoral assistance to States, adding that there was high demand from Member States for help on elections.
Mr. Pascoe, who presented the Secretary-General's report on the United Nations' work on enhancing elections and the democratization process, said that, as part of his job as the Organization's focal point for electoral assistance, he must ensure consistency of United Nations activities on elections. Since the last report was made in 2007, 52 Member States had received United Nations support -- eight on the basis of a Security Council mandate and the rest at the nations' request.
The true measure of an election was whether it engendered broad public support for the process and outcome, he said. The United Nations was working hard with international, governmental and non-governmental organizations to help countries achieve that goal.
Addressing the Committee during "question time", Craig Jenness, Director of the Electoral Assistance Division in the Department of Political Affairs, pointed to the potential for elections to lead to conflict or division, particularly in their aftermath or over the acceptance of their results. Some of the poorest countries in the world had chosen the most expensive electoral processes, and while it was their sovereign right, he was concerned that these decisions would leave countries dependent on donors or vendors. For its part, the United Nations was poised to offer advice to States on balancing their desire for fair and transparent -- but possibly expensive -- elections with other goals.
Speaking in defence of resource-poor countries, South Africa's representative said some areas of his country were inaccessible and the ability to transfer the information through communications technology was costly. The norms that had grown up around transparency, such as television and radio broadcasting during the election, entailed huge costs. Also, expectations regarding the timeliness of the outcome carried costs. He called for more attention to those issues in future reports.
Earlier in the day, as they entered the second week of interactive discussions with Special Rapporteurs and Representatives, speakers held a vigorous exchange on what constituted a "gender perspective" when safeguarding human rights in the field of counter-terrorism -- specifically on whether it would include members of the lesbian, gay, bisexual and transgender community.
The report by Martin Sheinin, Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism, generated considerable debate among Member States for suggesting that "gender diversity" included the experiences of lesbians, gays, bisexuals and transgender individuals, and that sexual minorities should be seen as a resource in the fight against terrorism and contributing to the design of counter-terrorism measures.
While various speakers noted that the Human Rights Council had requested the Special Rapporteur to "integrate a gender perceptive through the work of his mandate", the representative of St. Lucia -- echoed by a few others -- said he had used personal ideas about a "gender perspective", rather than what was agreed at international conferences, such as the Beijing Conference on women.
The Arab Group, whose views were presented by the delegation of Sudan, said the report brought Assembly into a debate that was based on definitions that had not been agreed upon. It would categorically refuse to be involved in the debate. The African Group, represented by the delegation of Tanzania, said "it would not engage with the report".
Mr. Sheinin said he was aware that the report exceeded many expectations by taking the issue beyond the human rights of women, by describing how gays, lesbians and transgender persons faced particular hardships due to insensitive or maliciously targeted counter-terrorism measures. It also addressed how the interrogation of male terrorism suspects made use of torture methods that used rape and humiliation related to homophobic fears. Among his recommendations, Mr. Sheinin said torture and other inhuman treatment must be investigated and punished when homophobia was used in the selection of torture methods.
Also today, the Committee heard from Walter Kalin, Special Representative of the Secretary-General on human rights and internally displaced persons, and Jorge A. Bustamante, Special Rapporteur on the human rights of migrants.
The interactive discussion with Special Rapporteurs and Representatives was followed by a general discussion on the promotion and protection of human rights in the afternoon, involving the representatives of Suriname (speaking on behalf of the Caribbean Community (CARICOM)), Mexico (speaking on behalf of the Rio Group), Sweden (speaking on behalf of the European Union), Lichtenstein, Japan, Russian Federation, Pakistan, Colombia, China, Morocco, Kazakhstan and Thailand.
The representative of the Observer Mission of the Holy See also made a statement.
In addition to Mr. Pascoe, Jessica Neuwirth, Director of the New York Office of the High Commissioner for Human Rights, introduced the Secretary-General's reports relating to the promotion and protection of human rights.
The Committee will meet again at 10 a.m. Tuesday, 27 October, to hear presentations by the Special Rapporteur on the right to education, the Independent Expert on the effects of foreign debt and the Special Rapporteur on extrajudicial, summary or arbitrary executions. It is also expected to continue its general discussion on improvement of the enjoyment of human rights.
Background
The Third Committee (Social, Humanitarian and Cultural) met today to continue its discussion on the promotion and protection of human rights.
It had before it the Secretary-General's report on protecting human rights and fundamental freedoms while countering terrorism (document A/64/186). The report was submitted pursuant to General Assembly resolution 63/185, which reaffirmed that States must ensure that any measure taken to combat terrorism complies with their obligations under international law, in particular human rights, refugee and humanitarian law, and called upon States to raise awareness about the importance of these obligations among national authorities involved in combating terrorism. It refers to recent developments within the United Nations system in relation to human rights and counter-terrorism, including through the activities of the United Nations High Commissioner for Human Rights, the Human Rights Council and its various special procedures mandates, the human rights treaty bodies, the Counter-Terrorism Implementation Task Force and its Working Group on Protecting Human Rights while Countering Terrorism, the Counter-Terrorism Committee and the Counter-Terrorism Committee Executive Directorate.
Among the report's conclusions is that the United Nations Global Counter-Terrorism Strategy is an important development in ensuring a coordinated and comprehensive response to terrorism at the national, regional and global levels. Member States should continue to implement it and continue to support the work of the Task Force Working Group on Protecting Human Rights while Countering Terrorism, which is led by Office of the United Nations High Commissioner for Human Rights (OHCHR). Member States should further reaffirm their commitment in national law to the total prohibition of torture and the prosecution of those responsible for inflicting torture and ill-treatment; and prohibit the use of statements extracted under torture, whether the interrogation has taken place at home or abroad. Further, measures should be taken to ensure access to monitoring bodies to all prisoners in all places of detention, and to abolish places of secret detention. Member States should also abide by the principle of non-refoulement and refrain from returning persons to countries where they may face torture.
According to the Secretary-General's report on protection of migrants (document A/64/188), 16 countries reported on their implementation of the resolution on the protection of migrants (resolution 62/156) and 9 countries on the importance of family reunification (resolution 63/184). The Special Rapporteur on the human rights of migrants submitted a report to the Human Rights Council's eleventh session, with a section highlighting the protection of children in the context of migration. The Committee on the Protection of the Rights of Migrant Workers and Members of Their Families considered four country reports and also met members of the Committee on Migration, Refugees and Population on the Parliamentary Assembly of the Council of Europe. The Office of the United Nations High Commissioner for Human Rights (OHCHR) continues its efforts to support the rights of migrants through its field offices, engaging in migration-related human rights work by providing training, technical advice and other initiatives.
Among the report's recommendations, the Secretary-General encourages the adoption of national plans informed by international human rights standards to strengthen the protection of migrants. He encourages them to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, as well as protocols to the Convention on Transnational Organized Crime, which deal with the smuggling of migrants and human trafficking.
Also before the Committee was the Secretary-General's report on strengthening the role of the United Nations in enhancing the effectiveness of the principle of periodic and genuine elections and the promotion of democratization (document A/64/304), which describes the activities of the United Nations system in providing electoral assistance to Member States over the past two years.
[United Nations electoral assistance is provided only at the request of a Member State or on the basis of a resolution of the Security Council or the General Assembly. Over the past 20 years, the United Nations has provided electoral assistance to 104 Member States and 4 territories.]
The report indicates that the demand from Member States for United Nations electoral assistance remains high, with assistance provided during the reporting period to 52 Member States, 8 of them on the basis of a Security Council mandate. An increasing number of Member States are using elections as a peaceful means to discern the will of the people, build capacity among newer democracies to administer credible elections, and increase South-South cooperation among electoral administrators. Yet, a number of challenges have emerged, including the potential for elections to be overshadowed by political discord or violence; concerns regarding the cost of elections and sustainability; and the need to ensure coordination and cohesion and safeguard United Nations impartiality.
According to the report, there is a need to: make sustainability and cost-effectiveness more central in the design and provision of electoral assistance; consider additional measures to ensure that elections contribute to peace and good governance, not violence or instability; and increase the use of special or more flexible administrative procedures, with safeguards and controls, for electoral projects in a crisis situation or under a Security Council mandate. It suggests reiteration of the United Nations focal point's role to ensure coordination and consistency as well as appropriate relationships with regional and intergovernmental organizations, and notes that the United Nations must continue to support electoral programmes that facilitate the participation of women and seek to ensure the rights of minorities and marginalized groups.
The Committee also had before it a note by the Secretary-General transmitting the report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (document A/64/211 and Corr.1). Submitted in accordance with General Assembly resolution 62/159 and Human Rights Council resolution 6/28 by Special Rapporteur Martin Scheinin, the report summarizes his activities from 1 January to 31 July 2009. It also offers an analysis of counter-terrorism measures from a gender perspective, including the often unacknowledged and uncompensated collateral gender impacts of counter-terrorism measures.
The report further discusses the relationship between promoting gender equality and countering terrorism, noting that while Governments are required to ensure the right to gender equality and non-discrimination as ends in themselves, a gender perspective is also integral to combating the conditions conducive to the spread of terrorism. Turning to the role of women in both terrorism and counter-terrorism measures, the report notes that, while women are victims of terrorism and counter-terrorism measures, they may also be volitional actors and should be considered as key stakeholders in counterterrorism measures. Finally, the Special Rapporteur offers conclusions and recommendations addressed to States and to various organs and bodies of the United Nations.
Also before the Committee was a note by the Secretary-General transmitting the report of the Special Rapporteur on the human rights of migrants (document A/64/213 and Corr.1). Submitted in accordance with Assembly resolution 63/184 and Human Rights Council resolution 8/10 by Special Rapporteur Jorge Bustamante, the report summarizes his activities from January 2008 to June 2009. It highlights a number of issues related to the human rights of migrants, including the protection of children in the context of migration, as well as several good practices and some of the major challenges.
Among the report's conclusions are that immigration laws and policies should include concrete regulations aimed at protecting the rights of the child in the context of migration and fulfilling their specific needs in migration-related circumstances. States are also encouraged to consider the impact of migration on children in elaborating and implementing national development frameworks, poverty reduction strategies, human rights action plans, and programmes and strategies for human rights education and the advancement of children's rights. In the context of the current economic crisis, States should pay particular attention to preventing human rights abuses against migrants and avoid unreasonable restrictions on labour migration.
The Committee also had before it a note by the Secretary-General transmitting the report on the protection of and assistance to internally displaced persons (document A/64/214). Submitted in accordance with General Assembly resolution 62/153 and Human Rights Council resolution 6/32 by Walter Kälin, the Secretary-General's Representative on the human rights of internally displaced persons, the report provides a brief overview of the current situation of internal displacement and discusses the nexus between climate change and internal displacement. It also outlines the Representative's activities from August 2008 to July 2009.
According to the report, the number of persons internally displaced as a result of armed conflict, generalized violence or human rights violations across the world stood, at the beginning of 2009, at approximately 26 million. Further, an estimated 36 million persons were displaced in 2008 worldwide as a result of natural disasters, but reliable figures do not exist in the absence of an agreed methodology and global system to record displacement that is not related to conflict. Among other things, the report recommends that the increasing recognition of the human rights dimension of internal displacement at the international and regional levels be translated into effective action to protect the human rights of internally displaced persons at the national and local levels. This requires coherent laws and policies, capable coordination and implementation mechanisms, and adequate resources.
