11th Session Human Rights Council

June 15th 2009

H.E Mr. Liuz Inacio Lula de Silva : Brazil invests in a south- south cooperation to enhance human rights, in areas such as the access to food, to medicines, peacekeeping attempts through the promotion of economic development which enhances social cohesion and inclusion. Also makes an appeal to peace in the Middle East. Highlights the advancement of Brazils society in terms of the lessening inequalities, exemplified by a growing middle class etc. Hopes that the future global economy will focus on production not speculation and states that Brazil is an open country that has solidarity wit migrant workers and their families.
In terms of racism, xenophobia and intolerance, the Durban review conference must be a guiding principle.
To guarantee and promote peace is the raison d’etre of the HR. Democracy and diversity are essential to this.
World global economic crisis, its causes and effects, and what is occurring is that instead of the poor countries complaining about the crisis, there is discussion between all countries.
Brazil has legalised thousands of migrants who until now have been illegal. Those responsible for the crisis were those that knew how to teach and interfere in the poor states of Latin American and Africa. These no longer know how to analyse the crisis.
There needs to be a fairer distribution of wealth.

Mr. Uhomoibhi: Responds that Brazils attempts to respects human rights is exemplary, and crosses borders.

11th Session Agenda Item 7

President’s Uhomoibhi statement on the Fact Finding Mission

Progress in the mission authorised by the 9th special session of January 2009. justice Richard Goldstone etc to examine the claim of crimes in Gaza. First meeting held in Geneva from 4-8th may, including abroad range of stakeholders, and established terms of reference. From 1 to 5june first field visit was held. Team was denied access through Israel, so instead came through Egypt at Rafa crossing point.
Plans to hold public hearings in Geneva. The mission hopes to visit other areas but has not had cooperation from Israel

High commissioner, Ms. N. Pillay
Res S-9/1 was established to authorise the fact finding mission.
Human rights situation in OPT has deteriorated further since January, especially due to restrictions on imports and exports. Citizens of Gaza rights continue to be severely undermined freedom of movement, food, adequate housing, highest attainable standard of physical and mental health and education
As a result, poverty is increasing.
Need to combat impunity; therefore any claims of attacks on civilians etc must be investigated.
Need to uphold rights of victims.
Unimpeded access should be given to the fact finding mission.

Palestine: The violations must be accounted for, and therefore it is very important to facilitate the fact finding missions. Israel continues to deny its compliance to international legality. It needs to respect its legal responsibility to international humanitarian law, and the fourth Geneva Convention.

Egypt (African Group)
The African group would appreciate a clarification of the concrete efforts made by the Council
Asks High Commissioner what has been done to ensure Israel’s cooperation with the Mission
Latest targeting of Palestine must be accounted for and Report disseminated to General Assembly, which was issued but not given for consideration of GA.

UAE (Arab Group)
The Arab groups looks forward to the second steps of the Mission, where actual meetings take place with those in Gaza
General hearings need to be held concerning the general attacks on OPT
Calls on international organisation to call upon Israel to assume its responsibilities under international law and human rights in particular the fourth Geneva Convention
Look forward to a full report of all Israeli violations, and positive results for the legitimate rights of the Palestinian people with its capital in Jerusalem

Czech Republic (EU)
The EU deplores the loss of life that occurred in the OPT
It supports the emphasis on the immediate easing on the restrictions placed on the Palestinian territories

Pakistan (OIC)
It confirms its arrogance by defying the international community and the UN
The independent fact finding mission was able to establish initial contacts with those within OPT, as well as to physically witness the damage done to people and infrastructure
Hopes that the mission will be able carry out second steps: public hearings in Gaza and meeting public officials in Gaza
the mandate of submitting public reports must be carried out regularily to council sessions

Cuba (NAM)
There has not been much change in Gaza and none of the recommendations made have been carried out by Israel.
The blockade by Israel have significantly contributed to deterioration of Gaza strip
No effective accountability processes have been established.
Convening of 9th special session and NAM condemned the air strikes and ground offense by Israel.
There are indications that war crimes and crimes against humanity may have taken place and therefore this needs to be accounted for under international law
There is no military conclusion only a peaceful solution will be feasible, with 1967 borders and Jerusalem as its capital

Egypt
Hoping to witness a more effective action on behalf of the UN, the targeting of UN facilities in OPT. the report has not been submitted to the GA,
The Security Council has not discussed it as though it has anything to do with peace and security.
The most horrendous fact made available within the Report; the report asserts that there have been nine premeditated and violent attacks, for example of schools.
There has not been comment on the position taken by Israel and it is the right of council to question this position.

Mauritius
There is continuing deterioration of OPT, the loss of life is tragic, but when it is avoidable it becomes a moral issue.

Norway
Deeply deplores the loss of life in Gaza
Highlights that the Israeli embargo remains in place which only allows a minimum of goods and movement
Israel must open the borders to Gaza and evidently brings Israel less and not more security.
Settlement activity in the OPT continues and have evolved into a coherent structure strangling the Palestinian economy
The economy of Palestinian is failing, and economic growth must be fostered through the lifting of restrictions. Economic progress is an essential part of bringing this conflict to an end.

Algeria
The refusal of Israelis to allow the fact finding mission into Gaza resulted in the mission being able to witness first hand the area and problems.
the Gazans are still under siege and the right to life, nutrition amongst others are denied
The responsibility falls squarely on the occupying force not on the Palestinians.

Lebanon
Laws established by the international community should not be forgotten, especially by this Council. The right of persons to freedom, life and an independent country must be ensured.
There should be an attempt to apply these laws so as to ensure peace

The Organisation Islamic Conference
The persons most concerned be met by the mission in order to have a more exhaustative investigation.
The appeal launched by the international community has made it possible to send medicines to Gaza, and humanitarian assistance to the area.
Amnesty International
Victims of conflict have a right to justice and reparation and the perpetrators on both sides must be held accountable. Justice goldstone has clearly committed to investigation violations by all parties to the conflict.
Israel has not facilitated the fact finding mission so far but its not too late
International Commission of Jurists
The previous internal investigations found that Israel was not guilty of discriminate attacks and violence which resulted in the loss of life and significant destruction of infrastructure, which was reported to the ICJ.
These claims must be examined and redress for civilian casualties must be granted.
The UN Security Council is still to ensure accountability.

Climate Change

Ms. Kyung-wha Kang Deputy High commissioner of Human Rights,: resolution 10/4 acknowledging that climate change has both direct and indirect effects on the world.
-‘Climate injustice’- vulnerable countries in developing world, with an unequal burden falling on those that are least able to carry its weight.- The human rights framework brings clearly into focus the adverse effects on individuals and communities.
- Those that are already disadvantaged are often the worst affected by climate change
-climate change is intrinsically related to poverty, discrimination, and inequalities
- Human rights perspective underlines the importance of empowerment, such as access to education, ensuring participation etc.
- Most acutely felt by the most vulnerable segments of world population
- Final wording of outcome in Copenhagen do not take away from state responsibilities.

Mr. Feng Gao, UN Framework Convention on Climate Change Secretariat
Recognition of the human suffering that climate change can have should motivate all to act.
Five key building blocks: - shared vision of long term efforts, a long term global goal
-an enhanced agreement for adaptation for all states
-agreement on emission reduction targets for developed countries
-an agreement for mitigating ….
-an agreement finance, tech, capacity building that will enable these actions
National adaption planning, streamlining technological and financial support, enhancing knowledge sharing and institutional arrangements for knowledge sharing. These will enhance the efforts made in especially in developing countries.
There needs to be a strengthening of sustainable development which should ultimately lead to greater human prosperity.
Dr. Atiq Rahman, Executive Director Bangladesh Centre for Advanced Studies
Human poverty and security and basic human rights must be observed. Climate change may displace a large number of people which will result in a larger number of climate refugees. Millions will disperse and rights to food water and development will be violated. Climate changes such as rising sea levels etc
there are a large number of rights that have been violated by climate change .
Mr. Dalindyebo Shabalala, managing attorney, Geneva office of the centre for international environmental law
There needs to be the establishment of a lowest threshold below which standards cannot fall.
In terms of mitigation, it is necessary to question the relations between states and between elites in states and their people.
Instrumental role of human rights which requires one to distinguish those that are below or above the threshold and thus makes it possible to determine the least privileged and most privileged.
Ms. Raquel Rolnick Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
Highlights the fact that poverty, location, more exposure to climate change related events are the most extreme nexus they have ever been.
Mr. John Knox, Professor Wake University,
-climate change is highly complex and arises from many sources, and its causes difficult to untangle from other causes.
-the state has a responsibility to address all human rights related environmental

General debate:
Maldives ( SIDS +14)
Interrelationship between climate change and human rights is highly important. Small island developing states are especially vulnerable, and inadequacies of new and additional funding etc will make it increasingly difficult fo these states to ensure the fundamental human rights of their populations.
-International cooperation to address climate change, which is vital, there is a clear extraterritorial agreement which limits countries from acting in ways that harms the human rights of other countries.
-imperative that there needs to be a historic responsibility and a ‘polluter pays’ policy
Philippines
-Report did not take into account the concepts of historic and shared responsibilities.
-20% of the worlds population is responsible for over 80% of the worlds emissions, the poor suffer most from this.
-Hopes that Copenhagen will result in cuts in emissions.
India
-there are serious threats to India from rising sea levels
-the best and most appropriate way to deal with climate change is to take an integrated approach based on principles of equity and shared responsibilities
-targets assumed under Kyoto have not been implemented which is of great concern, progress achieved so far has not been satisfactory
-There is not sufficient focus on those segments in developed society which are culpable for significant amount of emissions.
China
-calls for a reduction of trade barriers to technology transfers from developed to developing countries
Pakistan
-certain countries have imposed climate change upon developing countries
-There needs to be respective responsibilities which cannot be attributed to state parties alone,
UAE
-Raises the development of its project of Mustar city which will be carbon free and will take a population of 40 0000 and include 1500 companies.
-Is making various attempts to offset carbon such as Zaid Prize
Bhutan
-its own enviroment seriously threatened by emissions and aggravates its impact on vulnerable communities.
EU
- also reiterates the points made concerning the effect of climate change on the worlds most vulnerable.
Switzerland: the changes and dialogue is the only way in which to mitigate the effects of climate change.
The adoption of the resolution 10/4 highlights Switzerland’s efforts.
Climate change is essential to have on the agenda of the HRC
Chad
Recalls that in 1992 the Kyoto was finalised a legal instrument. For island states climate change has had severe implications. For other countries heat-waves have affected them, the existence of the populations are seriously under threat.

Cuba
-Unsustainable amount of production and consumption in developed countries is the main cause of climate change. Growth and development of the south are affected highly.
Canada
-UNSCC is the most appropriate forum for dealing with climate change. The right to life is directly threatened and therefore it is the respnsiblity of states to protect their populations from adverse climate changes.
Maldives
-The council must send s strong message that climate change is already undermining the human rights of millions of people
-State parties have an extraterritorial responsibility.
-In long term the Council should consider the globalised and interdependent world and the need to develop legal instruments that concur with this emerging reality.