doCip - latest news

CLOSURE OF THE HUMAN RIGHTS COMMISSION AND CREATION OF THE HUMAN RIGHTS COUNCIL

OPEN-ENDED INFORMAL CONSULTATIONS ON PREPARATIONS FOR THE FIRST SESSION OF THE HUMAN RIGHTS COUNCIL[1]

The designate-president of the HRCo, Amb. de Alba, introduced the new program of work as it results from the former consultation on Tuesday. This one is not the final one yet. In this last program of work, the report of the Working Group on the Draft Declaration (mentioned as WG Indigenous) appears on Tuesday PM (second part).

However, the review of the reports of the WG of the CHR begins on Monday PM and their order may change, if States wish to do so. The final program of work will be distributed on Monday.

Argentina, Peru, EU, Cuba and the International Service for Human Rights (ISHR) advocated for having a fixed date for the IPs NGOs (which have to organize their work) and for not postponing it. The same is valid for the enforced disappearances. NGOs and IPs are coming from far away and it is not enough to give them the floor only at the end of the theme. Peru added that the Draft Declaration should again be addressed the first week as IPs cannot always stay two weeks. Mexico also wants to know when the reports of the WGs will be examined in order to allow the NGOs to participate: they need to know in advance when they will be able to participate. For Switzerland, the reports on mechanisms and mandates, of the WGs on disappearances, on IPs and on development should not be discussed at the end as they are the most difficult ones.

It was not quite clear but probably, at the end of each theme, a period of 15 minutes (minimum) will be for all NGOs. So IPs and NGOs, in principle, will have 15 minutes for speaking about the Draft Declaration on Tuesday PM. The president will be flexible with the NGOs (flexibility is the key word of Amb. de Alba).

For the reports: The HCHR, the chairs of the Coordinating Committee of the Special Rapporteurs, the chair of the Sub-Commission, the chair of the meeting of the chairs as well as each Treaty Body will have 15 minutes for presenting their report.

Each HRCo member will be able to speak during 5 minutes and each observer 3 minutes. This rule will be put into practice from the beginning of the debate on the report of the HCHR.

Interventions of members and observers may be mixed. Then come the NGOs and the representatives of the civil society. Switzerland would agree to also mix the NGOs with the members and observers but it is probably not realistic.

The speakers’ lists will be open since Monday at 9:00 AM for all themes. It will be closed 15 minutes after the beginning of the theme.

Decisions and resolutions will be taken on June 29 and 30. Deadline for presenting a draft decision or resolution: Tuesday 27, beginning of PM.

These rules are only valid for the June’s session. They will be reconsidered in September.

When will the report of the 1^st session of the HRCo be considered and adopted?

There is also the possibility of a session at the end of the year. The March-April one will be the main one.

Extension of mandates of the CHR

The Russian Federation wishes that financial incidences of the decisions and resolutions be taken into account. The mandates of the CHR should not be examined with the idea that they will automatically be extended. They should be analysed before being extended for one more year. The Russian Federation still has reservations about the Draft Declaration of IPs. They retain the right to formulate observations on the procedure, which could not always be observed during the WG.

Austria for EU: the mandates should not be extended automatically. Each of them should be examined in order to avoid the errors of the CHR.

President: We will first speak about the extension of the mandates as a whole and then about individual cases and all this before the end of the year. The extension of the mandates and mechanisms is a provisional measure in order not to paralyse the system. Procedure will be considered case by case.

Human rights education and learning

Colombia : We will have to think concretely about the tools for the cooperation and the education on HR.

Saudi Arabia : Would like to know better what is meant by development and education on HR.

Algeria, China, Czech Republic, Egypt, India, Indonesia, Iran, Korea, Morocco (on behalf of the African group), Pakistan, Syria, Saudi Arabia, Sri Lanka, Sudan, Sweden, Amnesty International, International Federation of Women Universities.

Monday 19 June in the Assembly Room (Salle des Assemblées)

Exceptionally, the meeting will start at 9:00 AM and people are expected to arrive at 8:30. The meeting will also exceptionally last until 7:00 PM with a lunch break between 1:00 PM and 3:00 PM.

Then the schedule will be normal (10:00 AM – 1:00 PM and 3:00 – 6:00 PM). The conference room will be the Assembly Room during the firs week and Room XVIII (18) the second week.

Rooms are very few as ILO, ECOSOC and other important meetings are also taking place in June. Those who need rooms should ask for them very rapidly to the HRCo Secretariat.

Algeria, Argentina, Azerbaijan, Bahrain, Bangladesh, Brazil, Cameroon, Canada, China, Cuba, Czech Republic, Djibouti, Ecuador, Finland, France, Gabon, Germany, Ghana, Guatemala, India, Indonesia, Japan, Jordan, Malaysia, Mali, Mauritius, Mexico, Morocco, Netherlands, Nigeria, Pakistan, Peru, Philippines, Poland, Republic of Korea, Romania, Russian Federation, Saudi Arabia, Senegal, South Africa, Sri Lanka, Switzerland, Tunisia, Ukraine, United Kingdom, Uruguay, Zambia.

[1] This summary should be read with the draft agenda as per June 15

OPEN-ENDED INFORMAL CONSULTATIONS ON PREPARATIONS FOR THE FIRST SESSION OF THE HUMAN RIGHTS COUNCIL[1]

During this 2^nd meeting, 2 interventions mentioned the Draft Declaration on Indigenous peoples (EU and Spain), 1 the Indigenous peoples (Costa Rica), 6 the reports on the WG and 4 the Sub-Commission.

Due to quite a full room and non working earphones, the first 15 minutes are missing, in which the President proposed a revised version of the agenda proposal for the 1^st week resulting from the negotiations realised since the meeting of June 9.

Please, note that quite all documents mentioned in the minutes are available on the UNHCHR Extranet site.

The designated chair of the HRCo, Amb. de Alba from Mexico, presented a new draft program of work for the 1^st session (June 19 to 30, 2006).

PM: Informal consultations as soon as possible depending on the evolution of the negotiations concerning the appointment of the Bureau in particular.

The President informs also that the NGOs sent a list of criteria for the selection of their speakers.

MONDAY and TUESDAY AM: Reports of the 5 intergovernmental Working Groups (WGs) mainly all the reports transferred by the CHR to the HRCo with the aim to conclude this examination at September session.

PM: Pressing HR issues: the delegates will be free to address the issues they think the most pressing. Do not prejudge of the importance of these issues. No decision taken unless the discussion is clarified enough but the President is ready to continue the discussion during the week about these issues. New ways of deciding or resolving such as panels of experts, thematic sessions etc. should be elaborated. Balance between the logic of the work (innovation, predictability etc.) and the issues States wish to address should exist.

THURSDAY: AM: Discussion about cooperation on HR such as education in HR and all forms of capacity building at the national levels: presentation of issues allowing to identify mechanisms for follow up.

FRIDAY: Program of work for 2006 and 2007. Eventually draft decision on provisory measures such as extension of mandates and of their holders.

Algeria: Does not agree with a whole meeting for the HCHR report. Wants to begin with the urgent issues. Wishes also to speak about a work developed by Nepal.

Colombia: Universal Periodic Review is essential : an official WG should elaborate the procedure and all states should commit themselves to establishing a balanced and universal mechanism in reasonable deadlines. Elimination of duplications is also important as well as predictability in order to have the possibility to prepare oneself in a responsible way.

South Africa: On Tuesday AM there will be urgent HR issues. What is meant by urgent?

Saudi Arabia, as coordinator of the Asian group: They sent a proposal. The annual report could take place during the main session, the HLS should. So, which session will be the main one? The reports of the WGs should be examined in an independent way and the HRCo should not implement two intercessional WGs at the same time. The SCom should be kept as it is, until the revision be completed. Should the mandates be strengthened or new structures be planned?

President: We will distribute your proposal. The procedures and rules of procedure are not specifically mentioned but can be discussed. They are those of the GA.

Cuba: 1^st week is clear enough. The HCHD should distribute in advance her updated report. 2^nd week: would like more discussion and predictability. It is not clear which decisions we will have to take. Isn’t it a waste of time to speak about cooperation on HR on Tuesday AM? One should speak about the SCom instead: the experts would like to know if they will meet, how long, who will be elected etc. The same preoccupation exists for the creation of the WGs. The agenda must be clearer: who will chair, organise the work, how many sessions? The continuation of all mechanisms should be dealt with seriously but is only foreseen for Thursday PM.

Morocco for the African group: The Group supports the elaboration of the program for the whole year and its adoption by consensus by all members. This program should be adopted at the end of the June session. In the program they submitted, particular attention is dedicated to the HR violations in Palestine as well as the Combating incitement to racial and religious hatred and promotion of tolerance between civilisations and religions. Any kind of politicisation should be avoided about these issues. When will the report of the HCHR be presented during the following sessions? The program of work of the whole year should be decided on the 28 of June and not the 29. Some results should be reached for the cooperation on HR.

President: Dialogues can be the cause of some abuses but he takes the risk : he thinks better that everybody can listen to each other. Philosophy is of inclusion and responsibility with, among others, the creation of a mechanism defining what is urgent. We have to identify which themes are fundamental for the delegates. Then, the follow up will be very important.

Austria in the name of EU: The program of work of the president is excellent. The first session must be positive and lay the foundations of the future ones. One should be realistic and consider the June and September sessions as a whole. Important to deal with all the existing reports, interactive dialogue with the SR, thematic issues as foreseen. The HCHR have to inform the HRCo and SPs have a role to play since the first session. She is pleased with the future panels of experts and the review of all governmental reports. EU is ready to consider the adoption of the Convention on enforced disappearances and the Draft Declaration on IPs. An agreement about the program of work 2006-2007 should be reached very rapidly so that the participants know that their concerns will be addressed; a 3^rd session is necessary which should not overlap the 3^rd GA Committee. The program of the 1^st year is not a precedent.

Philippines: during the 1^st week wants an interactive and the updated report of the HCHR. One afternoon is not enough for pressing issues. A whole day is necessary. HR of migrants is one of them with the High Level Dialogue that will take place in New York in September; the opportunity is unique for the HRCo to bring its insights to that issue. The session report should be factual without judgements and long discussions.

President: The time for the review of the report depends on the number of speakers who will have 3 to 5 minutes each. Takes note of the issues of the migrants as it will be addressed in New York en September. In June all issues should be discussed and then detailed in September.

Costa Rica: Do we have enough time to speak on the reports of the WGs? On disappearances, IPs etc. and take decisions on them? An open-ended WG should be created to see how these mechanisms would be conducted because it is a very important job of the CoDH. Shares also the preoccupation of South Africa: what need immediate action ? How to avoid situation of non-protection? We need to be inclusive and objective. They are very delicate issues and we need time for them. We will have to examine how these questions will be addressed in the future, how important they are. The SCom is also a very important issue.

President: Time for debate will depend on the number of speakers. 10-15 minutes for the chairs of the reports. The decisions will be taken on Thursday.

USA: Support agenda of 1^st week. Resolutions must be priority. All mandates, functions, including the national reports should be examined. Rules for the annual mechanisms also and the specific resolutions by countries as a last resort : it is a serious issue but not a highly politicised one, and it should take place at the 1^st session. The agenda should be more flexible in order to address HR issues as and when they come in order to be efficient.

Arab Republic of Syria: Endorses Algeria and Morocco interventions. Stresses the importance of violations of HR in Arab territories, which deserve enough time, and have to be dealt with the 1^st day of the 2^nd week. The program of the session should take place on Monday AM and not on Thursday 22 only. NHRI and NGOs should not speak during the HLS but only during the general segment. The program of work for all upcoming sessions must be defined on Thursday 29 so that the delegations know when the different issues will be addressed. The papers prepared by the groups – African, Asian etc. – must be given proper attention.

President: Participation of NGOs is planned after the HLS at the request of the Asian Group.

Pakistan: Appropriate subjects for the program of work of the 2^nd week are: pressing HR issues, review and ? Concerning the reports of mechanisms and mandates: all must be considered. The mandates and mechanisms must be reviewed and rationalized in one year says the OP6. The 29 June: HR education and extension of mandate should be discussed. More time should be dedicated to the universal periodic review and it should be better defined. The paper elaborated by the Islamic states will be distributed. It suggests 2 parts: (1) Agenda for the 1^st session; (2) Agenda inspired by the rules of procedures of GA resolution 60/251. Foresees also a general session, pressing issues, Palestine, religious freedom. The HRCo should come to a decision about the mandates, mechanisms, functions and responsibilities of the HRCo. Agrees with the proposal of 2 intergovernmental WG for the mandates and the periodic review. Includes fundamental principles about the organisation of the work, the methodology and the periodic universal review.

President: Invites the transmission of the document for distribution. Concerning the rules for decision taking, Pakistan would like a decision but the President thinks that sometimes joint declarations are better. Review of the mandates in September because reports will have been received. The delegations do not wish to have more than 2 parallel procedures or processes (?).

Canada: Adequate balance is needed in the program of work between decisions to be taken, procedure and substantial issues. Concerning the periodic universal review, the delegates seem to agree that a decision should be taken on the modalities of elaboration of the review in June. A non-paper has been prepared by Canada and Switzerland and will be posted on the UNHCHR Extranet. It suggests the nomination of a facilitator with 2 or 3 days of consultation before the September session and 3 to 4 days after it. The objective is a final report about the periodic universal review. The HRCo could decide and implement it at the end of the year. The decision about this procedure has then to be taken in June.

Norway: the program of work is a very good basis for consensus. Norway has submitted a non-paper, which is a framework for a program of work for the important transitional year 2006. The HRC heritage should be taken upon and the substantive issues addressed. As well as reports on mechanisms and mandates, emerging and pressing issues. All of them are interrelated. 4 sessions are foreseen in a very indicative way as well as dates.

President: There will be a new meeting on Thursday PM in room XVII (17). The Norwegian non-paper could be taken again by other delegations.

Indonesia: The agenda and program of work have to be elaborated for the whole year. Then, there should be flexibility for the following years. Balance when dealing with all the HR issues including civil and political rights, economic, social and cultural rights including development. For the periodic review, the spirit of al. 1 of par 5 of GA resolution 251/60 that is transparency and openness to all of the WG.

Brazil: Program of work is balanced and objective. It really reflects the consultations and the substantial issues will be examined such as the reports of the 5 WGs. On Wednesday AM, sufficient time should be dedicated to the periodic review in order to decide about an intersession WG. On Wednesday PM, review of mechanisms such as the SCom, the creation of intersession WG in which all kind of questions about mechanisms, methods of work et.c could be addressed. The WGs should not be too numerous because small delegations will not be able to participate. On Thursday, it would be better to have first the program of work and then the dialogue. More space should be given to this issue as predictability depends on it. Some fears of some countries will be calmed down when they will know the future program of work.

Chile: Chile is delighted that all the issues which have to be reviewed are scheduled during the second week. The creation of WGs is very important as are the reviews of the mandates and mechanisms. The 3^rd WG foreseen by Norway is welcome but should be well prepared in order to avoid overlaps. Cooperation on HR is very important and all states think that pressing issues are also very important. The issues to be dealt with should be announced well in advance. Invites all the delegations to reach a precise idea of the agenda and the program of work on next Thursday.

Iran: The report of the UNHCHR should be distributed well in advance in order to guarantee interactivity. The WGs should be informal, open to all and include states-observers. Pressing issues are not predictable enough.

President: The request about the UNHCHR will be communicated. The WGs should foresee a formal and a non-official part.

Belgium: Is delighted with the time dedicated to the 5 WGs: it is important to deal with them very early. Mentions the Convention on enforced disappearances. Decisions should be taken rapidly. On Thursday 22 AM, the Optional Protocol to the Convention Against Torture will enter into force: could we raise the issue?

Sweden: Is delighted with the pragmatic, open and inclusive approach. Important to include the pressing issues during the 1^st session. Agrees with concluding the elaboration of the procedure or the universal review in 2006 in order to address substantive issues in 2007.

UK: The 2^nd week gives a good idea about the substantive session. Likes the Canada and Swiss initiative and several suggestions of Pakistan. Too many WGs should be avoided as well as overlaps. The beginning should be informal and a group of friends of the Chair created. Would like to know more about the work made by Nepal and mentioned by Algeria about the periodic review in order to learn from it. OECD seems to also have an interesting mechanism and one delegation could present it. Time to be dedicated to the UNHCHR report depends on the report itself but seems sufficient. The UNHCHR should be able to communicate as often as it wishes with the HRCo about issues it wishes to address.

President: He agrees concerning the UNHCHR: a form of dialogue should be defined, one of them being the periodical reports.

Poland: The program of work should be elaborated for the whole year and be flexible. The agenda must favour the SPs, the review of the reports of the WGs, and initiate the debate about procedure.

France: Agrees with the program of the president. All issues must be addressed during the 1^st session.

Spain: In June, the HRCo should reach to conclusions for example about the Convention on enforced disappearances and the Declaration of IPs. Cooperation on HRs can count on the active participation of Spain and on its restraint which means Spain will only address pressing items and not those interesting only such or such delegations. The June session is the most important.

Mexico: The reports on mechanisms and mandates including the reports of the 5 WGs scheduled on Monday 26 should also be scheduled in September (in conformity with res. 251/60). This issue should be addressed by balancing the civil and political rights, the economical, social and cultural rights as well as the right to development. Innovative methods of work are necessary and the issues of migrants are important and urgent. Interactive dialogue with GA is essential. On Thursday 22, the entering into force of the Optional Protocol Against Torture should be mentioned as well as OAS mechanisms.

Pakistan: Concerning the non-paper distributed by Norway, when the papers of other delegations will be distributed? How will they be taken into account? Shouldn’t we compile all contributions and distribute the compilation in advance for discussion?

President: The Norwegian proposal includes many proposals. The representative of Norway specified that it is not a Norwegian proposal. All proposals will be taken into account, of course, but they will not be compiled.

Arab Republic of Syria: Until Thursday, all proposals of the regional groups should be taken into account.

[1] The summaries of both days must be read with the respective draft agendas

OPEN-ENDED INFORMAL CONSULTATIONS ON PREPARATIONS FOR THE FIRST SESSION OF THE HUMAN RIGHTS COUNCIL

This summary is extended in order to allow you to shape your own political analysis. Only Switzerland mentioned the Indigenous peoples (!) but 7 states and the European Union mentioned the reports of the WGs which include the report of the WGDD. Russia mentioned the importance of the Sub-Commission. Only two countries of GRULAC took the floor and one can expect that more will do so at the next meeting. On Tuesday 13, the President de Alba hopes to be able to present an agenda about substantive issues.

The designated chair of the HRCo, Amb. de Alba from Mexico, presented 1) a draft agenda for the 1^st session (June 19 – 30, 2006), 2) a draft program of work.

4. Implementation of General Assembly (AG) Resolution A/60/251 “Human Rights Council”.

This agenda is one of transition and does not prejudge the agenda of the following years. The final agenda will be established in 2007.

Session exceptionally takes place at 9:00 AM to 1:00 PM and from 3:00 PM to 7:00 PM – There will be no special guests.

High Level Segment (HLS): a speakers’ list has been prepared by the Secretariat. Speaking-time limit : 10 minutes.

AM: Not many requests for interventions allowing eventually some delegates not pertaining of the HLS to speak. They will stay at their seat, distinguishing them from the HLS personalities who will speak from the podium! Speaking-time limit : 7 minutes.

AM: HLS with notably the governmental delegates of the Organization of the Islamic Conference (OIC). Speakers’ list will probably be short and this should allow to go on with the work.

The President underlines the constructive character of the NHRI (which are presently working at a common declaration), as well as of the NGOs (whose speakers will also express the views of all NGOs).

AM: The substantive debate begins with : (1) The report of the HCHR : interactive dialogue about the report which could not be presented at the Human Rights Commission (HRC) and has been updated. Opportunity to spot items which are of particular interest for the HCHR and the states. (2) Chair of the Coordination Committee of the Special procedures (SP), Chair of Sub-Commission (SubC) and Representatives of the Treaty Bodies (TB). About the SubC, substantive matters will be examined as well as its next session in March 2007 (?) and the issues which will then be addressed. The representatives of the TB will have to discuss the general situation of the present coordination process and the relationship with the universal periodic review which should complement (not duplicate) the work of the TB.

Tuesday : The president wishes to establish the program of work of the 1^st and 2^nd sessions (June and September) namely to organize all the essential issues which has been examined at the HRCo.

Substantive remark for the 2 weeks : Only item 4 addresses substantive issues in June and September. The new philosophy of the HRCo, which is cooperation, dialogue and technical assistance, should then prevail. All concerns of all states and about all issues have to be addressed before the end of the year.

Next Tuesday, the President will suggest an agenda of the substantive issues to be addressed. Consultations are not finished yet. There are 3 types of resolutions/decisions to consider : (1) Resolutions/decisions which have to be taken; (2) Resolutions/decisions which can be taken later; (3) Resolutions/decisions which can be taken with other means.

Dates of the September and December sessions: This session will eventually be postponed at the request of the non aligned countries which meet in Havana in September. 2 weeks should be scheduled at the beginning of or mid December in order to avoid any overlap with the 3^rd Committee of the GA.

The chair gives then the floor to the participants about the agenda and the program of work.

Palestine : Given the dramatic humanitarian situation in Palestine, this issue should be considered as urgent. Palestine is open to discuss it with all delegations present in the room.

Pakistan on behalf of ISC : ISC sent to all state-members a document about the agenda of the 1^st session. It includes (1) Opening ceremony; (2) Palestine issue. It is a strong recommendation from OIC which is a member of the HRCo.

Morocco on behalf of the African Group : Suggest the following agenda (1) Election of Officers; (2) Adoption of Agenda and Organization of the work; (3) Participation of the General Secretary, of …. (?) and the HCHR; (4) HLS; (5) TPI ? with one representative of the SP and one of the NGOs. (6) ? ; (7) : Implementation of Res A/60/251with decision on the mandates of the one-year elected states, on the SubC and the intercessional mechanisms.

Two Working group (WG) should discuss about (a) review of the agenda of the Special Rapporteurs (SR), SubC, Res 1503, continuation of mandates and their holders, discussion on the concept of Human Rights in order to avoid politicisation and double standards of implementation, institutional link between the Bureau and HCHR. (b) ? and universal and periodic review. The WGs could continue their work during the year.

(8) Palestine; (9) Combating incitement to racial and religious hatred and promotion of tolerance between civilisations and religions. (10) provisional agenda of the first year of the HRCo ; (11) Report of the first session of the HRCo.

Russian Federation : Agenda must be well structured and predictable since the first session. SubC helped a lot the CHR during 60 years and should not stay so much in the shade : 7 draft decisions, 15 proposals and decision 2114 must be examined. Among the proposals there is the implementation of WG, of studies etc and decision 2114 is about the role of the independent experts.

Pres de Alba : Comments on SubC are relevant; its report has to be presented and decisions taken including their financial impacts.

Egypt : Will examine the suggested agenda. Item 4 should be more detailed, the agenda predictable and consultations full.

Syria : Mention Palestine, the report of the HCHR and the items 5 and 8 of the HRC which should be included in the agenda of the HRCo.

Canada : Praise the agenda which is flexible, operational and reflects the new spirit. Warn against old customs such as given to much importance to themes like religious intolerance whereas torture, freedom of expression etc. are as important.

Malaysia : Want structure and predictability and that urgent matters be addressed during the 2^nd week as foreseen in the resolution. Want : order in the house, discussion about “prolongation des mandates”, SR, other mechanisms etc namely all issues concerning procedure. Agrees with ISC about Palestine.

Austria in the name of the European Union (EU) : The June and September sessions should establish the agenda of the whole year. EU is pleased of the inclusion in the Agenda of the Chair of item 3, the reports of the WG and the Coordination Committee in item 4. The SP have a essential role to play and should be included since the beginning. Is also satisfied of Palestine’s dialogue position and of the work programme which is quite complete.

Pakistan : The agenda is not final nor complete. They indicated their preferences, will do another proposal after consultation of their members and take into account the African proposal. Item 2 should clearly deal with rules of procedure. Item 4 can imply certain subjects. Item 5 : how to organize the work about these items. Perspective should be short and long term.

Uruguay : approve the program of work of the 1^st week and will examine the global one. The agenda do not need to be too detailed. Item 4 and 5 are linked. The session must be positive because the whole world is watching. Reports of the WG, the Convention on enforced disappearance and a global perspective for the whole year should allow to include the particular preoccupation and the procedure.

Sri Lanka: The session of September cannot take place during the Havana Conference and should be limited to 2 weeks because of the GA 1^st Committee in New York. Governments should distribute their statements in advance, time should be cautiously distributed in order to be well prepared.

France : As all EU states, begin supporting the EU statement. Support particularly the report of the 5 WG in item 4.