March 4, 2009

Statement by State Secretary for Foreign Affairs Frank Belfrage at the UN's Human Rights Council.

Mr President,
To begin with, let me state that I align myself with the statement made by the Minister of Foreign Affairs of the Czech Republic on behalf of the European Union.
 
Mr President,
One of the main purposes of the creation of the United Nations, as is evident from the Charter, was to achieve international cooperation in promoting respect for human rights and fundamental freedoms. Since then a lot has happened. Together, in different fora within the UN, we have created  universal standards and a human rights machinery that includes treaty bodies, special procedures, advisory services, technical assistance and capacity-building.

Freedom from oppression, the integrity of the individual, democracy and the rule of law are no longer just big words and unattainable ideals. They have become a tangible reality for hundreds of millions of people over the past six decades. Many people are, however, still denied their freedom and rights.

Mr President,
When the General Assembly in 2006 decided to establish the Human Rights Council, it was a decision aimed at strengthening the ability of the UN to ensure that all persons would be able to enjoy all human rights. As Member States, we also decided that the Council should address situations of violations of human rights, including gross and systematic violations and respond promptly to human rights emergencies.

Some progress has been made since the establishment of the Council. For instance, a number of states have engaged themselves very constructively in the process of Universal Periodic reviews, others have, however, tried to hamper the process in order to avoid criticism.

We welcome the encouraging assurances by the US government that it will engage in the work of this Council.

Some situations of violations have been addressed in resolutions and Special Sessions, for instance in the Special session on the human rights crisis in Burma/Myanmar. This situation  needs to continue to be on the agenda of the Council as widespread and systematic violations continue to take place in the country and no efforts have been made to investigate and prosecute perpetrators of the violent crackdown on peaceful mass demonstrations.
 
The Council has, regrettably, not been able to address some other human rights emergencies, such as the situation in Zimbabwe. We hope that with the establishment of the new government of National Unity in Zimbabwe, measures can be taken to alleviate the suffering of the Zimbabwean people. An important move in the right direction would be the immediate release of all political prisoners.

Not everyone is able to effectively take part in the government of his or her country. In Cuba, political opponents are being harassed, intimidated and often prosecuted. In the Democratic People’s Republic of Korea systematic violations of human rights, including torture, arbitrary arrests, and enforced disappearances continue. In Sri Lanka the human rights situation is critical, in particular in the conflict zone, but also in other parts of the country. Abductions and killings are commonplace. In the Horn of Africa, the continued disrespect for human rights and international humanitarian law, has affected the population in an unacceptable way. Also in Gaza the human rights situation is critical and the residents are denied any possibility of living normal lives. In the case of Belarus, a continued dialogue on increased respect for civil and political rights is required: the arbitrary deprivation of liberty of political opponents gives rise to concern. 
 
A number of Special Rapporteurs or country mandates, such as the Group of Experts on the situation of human rights in Darfur and the Independent expert on the situation of human rights in the Democratic Republic of the Congo unfortunately have been discontinued. Country mandates are needed to keep the Council and other parts of the UN-system informed of serious situations and may contribute to obtaining tangible improvements on the ground. Sweden hopes that during this session the mandate of the Independent Expert on the situation of human rights in DRC will be reestablished. There are a number of issues that need to be addressed, not least the widespread use of sexual violence against women and children and the impunity enjoyed by those responsible for violations of human rights and international humanitarian law in DRC.

It is crucial for the credibility of the Council that it can live up to its promise of ensuring universality, objectivity and non-selectivity, in accordance with its mandate. The mandate of the Council is not to protect governments from scrutiny, but individuals from human rights violations. We refuse to accept an artificial divide between raising human rights violations in individual countries, and support to improve respect for human rights. The important role of the Council rapporteurs and the Office of the High Commissioner in providing advice and capacity building is a case in point.

In responding to human rights violations, this Council should act as part of a broader UN response which bears in mind the links between human rights, security and development. We should recognise the key role played by other UN bodies, including peace support missions, in promoting respect for human rights and the rule of law.

The Human Rights council has also been able to address a number of important thematic issues. There are, of course a number of other serious problems that need our attention.

One issue that remains a priority for the EU is the death penalty. Although there is a consistent trend towards the abolition of the death penalty, we are concerned by its continued extensive use. The EU has raised this issue with the new US administration. It will continue to address its concern over the use of this cruel, inhuman and degrading punishment also with other countries like China and Iran. As was decided this fall, the General Assembly will continue to keep the issue on the agenda. 

We deplore the continued violations of the freedom of expression in many parts of the world, including arbitrary arrests of those using the Internet to express their views. But time is against those who want to restrict free speech and thought – in a globalized world, a world where information is exchanged in real time, the truth about a human rights situation will come out sooner or later. We urge states to respect the freedom of expression, but also look to the corporate Internet sector to recognise its role in promoting the exercise of this freedom.

The fact that many homosexual, bisexual and transgender persons continue to suffer discrimination in terms of enjoying the rights and freedoms that we are all entitled to, is a serious issue which we believe this Council has to address.

Mr. President,
We are now halfway to the deadline for the General Assembly to review the status of the Council. We should not wait until then to address some of the shortcomings of the Council’s work. If we fail to do so we will be severely judged by those who we are here to serve and protect.

From the 1st of July this year Sweden will hold the presidency of the European Union. Human rights will be a priority for the Swedish Presidency, and we look forward to engaging with the Council in this capacity.

Thank you,