The morning session of the Human Rights Council (the Council) saw the opening of Item 9 on racism, racial discrimination, xenophobia and related forms of intolerance, and follow-up and implementation of the Durban Declaration and Programme of Action. The Chairperson-Rapporteur of the Inter-Governmental Working Group for the effective implementation of the Durban Declaration and Programme of Action, Ambassador Jayatilleka, presented his report, and the President announced that the general debate on this issue would take place on Tuesday, 25 March. This was followed by the reports of the Special Rapporteur on contemporary forms of racism, Mr Doudou Diène, who was joined by Ms Gay McDougall, Independent Expert on minority issues, to report on their joint mission to the Dominican Republic. The final presentation of the morning meeting was the report of the President of the Working Group on people of African descent, Mr Peter Kasanda. The major portion of the morning meeting was devoted to the replies of concerned States and the interactive dialogue on the reports of the Special Rapporteur on racism. The contentious issues of balancing freedom of expression and freedom of religion, and the defamation of religion and its relationship to racial hatred and Islamophobia resurfaced. Preparations for the Durban Review Conference and renewed commitments to the Durban Declaration and Programme of Action were also widely expressed. The unfortunate practice of attacking the whole system of special procedures by States whose human rights records have been critically examined by individual mandate holders also persisted during the dialogue.
The midday meeting of the Council began with a presentation of the report of the Ad Hoc Committee of the Durban Intergovernmental Working Group on the elaboration of complementary standards, although discussion on the matter was suspended until the general debate under Item 9 on Tuesday 25 March. The Council then took up the review, rationalisation and improvement of the mandate of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance. All States and non-governmental organisations (NGOs) who took the floor supported the renewal of the mandate, although particular States and NGOs expressed opposition to the idea of incorporating religious discrimination and the defamation of religion into the mandate. Egypt, on behalf of the African Group, as sponsor of the mandate, referred to this opposition as a collective lack of political will to address new manifestations of discrimination.
The Council then moved to Item 10. Under this item, it considered the following reports:
· Independent Expert on the situation of human rights in the Democratic Republic of the Congo (DRC);
· Special Representative of the Secretary-General on human rights in Cambodia;
· Independent Expert for technical cooperation and advisory services in Liberia;
· Voluntary Fund for Technical Cooperation.
The consideration of the report by the Independent Expert appointed by the Secretary-General on the situation of human rights in Somalia was postponed to the following day.
Mr Titinga Frédéric Pacéré, the Independent Expert on the situation of human rights in the Democratic Republic of the Congo noted that considerable improvements had occurred in the country (a point that many States claimed was not given sufficient weight in his report) yet gross violations continue to occur in a climate of impunity, including sexual violence. Mr Yash Ghai, the Special Representative of the Secretary-General on human rights in Cambodia, highlighted the important positive effect the Extraordinary Chambers to the Court of Cambodia could have on the domestic court system, if the Government should accept the support of his mandate. He and a number of NGOs highlighted the widespread use of forced evictions and called for a moratorium on this practice. Cambodia was ‘disappointed’ about the negative focus of his report. Ms Charlotte Abaka, the Independent Expert for technical cooperation and advisory services in Liberia, and the States that intervened in the dialogue, welcomed the exemplary cooperation by the Government.
A member of the Board of Trustees (the Board) of the Voluntary Fund for Technical Cooperation (the Voluntary Fund) presented the Board’s report, and highlighted the Voluntary Fund’s possible complementarity with the fund established in the context of the upcoming universal periodic review (UPR).
Against all odds, the Council is back on schedule, and has even acquired half day’s advance on its programme. Given that most of the original programme for 20 March 2008 is expected to be completed during the morning segment of that day, the afternoon will be spent in an informal meeting. The President announced that he would be holding an informal meeting at 3:00 p.m. with the 32 States that will be reviewed in the first two sessions of the UPR Working Group in April and May respectively. The meeting will be private.
these panel discussions, that may require putting aside more time for such discussions in the future. The Council should clearly set out the objectives of such panel discussions and carefully select topics and speakers.
Published in: Council Monitor Daily Update, International Service for Human Rights, 19 March 2008.