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RUEHJM/AMCONSUL JERUSALEM PRIORITY 1381
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UNCLAS USUN NEW YORK 001132 
 
SIPDIS 
 
DEPARTMENT FOR DRL 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV PREL KDEM AORC UNGA
SUBJECT: UNGA THIRD COMMITTEE DISCUSSES PROMOTION AND 
PROTECTION OF HUMAN RIGHTS 
 
REF: USUN NEW YORK 1100 
 
¶1. SUMMARY:  From October 21-30, the UN General Assembly 
Third Committee formally discussed the promotion and 
protection of human rights, and on October 31, the Committee 
heard the report of the Human Rights Council.  Key themes 
from the two-week discussion included freedom of expression, 
freedom of assembly, freedom of association, freedom of 
religion, strengthening the rule of law, respecting human 
rights in fighting terrorism, and eliminating the use of 
torture.  Many delegates emphasized the need to address 
broader problems, particularly those outlined in the 
Millennium Development Goals, in order to fully promote and 
protect human rights.  Mentions of specific countries' human 
rights practices drew heated reactions, particularly the 
Special Rapporteurs' reports on the human rights situations 
in Burma, the Democratic People's Republic of Korea (DPRK), 
and the West Bank and Gaza.  The DPRK, Cuba, China and Russia 
reacted strongly to the U.S. statement outlining human rights 
violations in a number of countries of concern, interrupting 
DRL A/S Kramer to the extent that he was unable to finish 
delivering the statement.  The question of UN human rights 
institutional and bureaucratic leadership consistently was 
explored, with developing countries and many countries known 
to violate citizens' rights throwing their weight behind the 
Human Rights Council and calling for a clearer division of 
work between the Council and the Third Committee.  END SUMMARY 
 
¶2. During 14 formal meetings October 21-30, the UN General 
Assembly (UNGA) Third Committee discussed the promotion and 
protection of human rights, including the following 
sub-topics:  implementation of human rights instruments; 
human rights questions, including alternative approaches for 
improving the effective enjoyment of human rights and 
fundamental freedoms; human rights situations and reports of 
special rapporteurs and representatives; comprehensive 
implementation of and follow-up to the Vienna Declaration and 
Program of Action; and the Convention on the Rights of 
Persons with Disabilities.  In a formal meeting on October 
31, the committee heard the report of the Human Rights 
Council (HRC), presented by the HRC President.  The complete 
texts of all U.S. statements can be found at 
www.usunnewyork.usmission.gov. 
 
¶3. The October 21-30 discussion included the presentation of 
reports by and/or dialogue sessions with the following 
experts:  the Special Rapporteurs on freedom of religion or 
belief; the promotion and protection of human rights while 
countering terrorism; the situation of human rights in 
Myanmar (Burma); the situation of human rights in the 
Democratic People's Republic of Korea (DPRK); the situation 
of human rights in "the Palestinian territories occupied 
since 1967;" torture and other cruel, inhuman or degrading 
treatment or punishment; extrajudicial, summary or arbitrary 
executions; violence against women, its causes and 
consequences; the situation of human rights defenders; the 
independence of judges and lawyers; the right to education; 
adequate housing as a component to the right to an adequate 
standard of living; on the right to food; and the right of 
everyone to the enjoyment of the highest attainable standard 
of physical and mental health; Independent Experts on the 
question of human rights and extreme poverty; the effects of 
foreign debt and other related international financial 
obligations of States on the full enjoyment of human rights, 
particularly economic, social, and cultural rights; the 
Chairperson of the Working Group on the Right to Development; 
the Representative of the Secretary-General (SYG) on the 
human rights of internally displaced persons (IDPs); and the 
Special Representative of the SYG on human rights and 
transnational corporations and other business enterprises. 
 
KEY THEMES 
---------- 
 
¶4. There were a number of recurring key themes throughout the 
two-week discussion.  In general statements, many delegations 
highlighted the need to protect freedom of expression, 
freedom of assembly and association, and freedom of religion, 
and to strengthen the rule of law.  (NOTE:  Freedom of 
religion was more thoroughly addressed during the discussion 
on racism and xenophobia, particularly the push by the 
Organization of the Islamic Conference to take measures 
against "defamation of religion;" full report reftel.) 
Protecting the rights of vulnerable groups, such as the 
elderly, women and children, disabled persons, minorities, 
and internally displaced persons was also a common topic. 
Many speakers noted the need to close the gap between human 
 
 
rights commitments and implementation. 
 
¶5. Speakers from many developing countries emphasized the 
need to address many broader problems in order to establish 
an environment conducive to the protection and promotion of 
human rights.  This could be done, they said, by focusing on 
fulfillment of the Millennium Development Goals (MDGs), 
particularly through poverty eradication.  Several of the 
same speakers, including those from Central and Latin 
American states, highlighted the importance of protecting 
citizens' economic, social, and cultural rights, calling for 
ratification of the new Optional Protocol to the 
International Covenant on Economic, Social, and Cultural 
rights as a good starting point.  The High Commissioner for 
Human Rights stressed the need for a rights-based approach to 
development, including in implementing the MDGs, focusing on 
prioritizing people's basic needs over political issues.  She 
expressed concern regarding the tendency of post-conflict 
countries to ignore human rights in the name of security. 
The High Commissioner also noted that climate change and 
extreme weather were causing a number of emerging human 
rights issues requiring attention, including the right to 
food and water, to adequate housing, and to life itself.  The 
Independent Expert on the question of human rights and 
extreme poverty underscored the need to approach extreme 
poverty from a human rights perspective, especially in light 
of the current food and financial crises. 
 
¶6. Though approaching the issue from different angles, 
speakers from several Arab, Latin American, and European 
countries mentioned the importance of respecting human rights 
in the fight against terrorism.  Some speakers accused the 
United States of committing acts of torture, through methods 
such as waterboarding (see paragraph 11 below).  While not 
referring to the United States, the Special Rapporteur on 
torture and other cruel, inhuman or degrading treatment or 
punishment listed waterboarding as a form of torture.  The 
Special Rapporteur on the promotion and protection of human 
rights while countering terrorism stated that promoting and 
protecting human rights was "an essential element" to 
effectively combat terrorism.  He reaffirmed his "misgivings" 
regarding the operation of U.S. Military Commissions in 
Guantanamo Bay, stating that he found it "highly unlikely" 
that they would be able to conduct trials in accordance with 
international human rights law standards.  The Special 
Rapporteur on extrajudicial, summary or arbitrary executions 
said that military justice systems are often incompatible 
with human rights obligations, noting that military personnel 
who commit extrajudicial executions often receive only minor 
punishments, or are not punished at all.  Speaking of his May 
visit to Afghanistan, the Special Rapporteur called for 
international military forces to "get serious" about 
promoting accountability and transparency in response to 
alleged killing of civilians.  Speaking of his June visit to 
the United States, the Special Rapporteur said that 
"significant reforms are urgently needed to the criminal 
justice system to prevent the execution of innocent people." 
He also called for reforms to reduce the number of deaths in 
U.S. immigration detention facilities, and to conduct full 
and open investigations into all deaths of detainees at 
Guantanamo Bay. 
 
EXPERTS' COUNTRY HUMAN RIGHTS REPORTS 
------------------------------------- 
 
¶7. The October 23 presentations by three experts on the human 
rights situations in specific countries were highly attended 
and drew mixed reactions.  Special Rapporteur on the 
situation of human rights in Myanmar (Burma) Tomas Ojea 
Quintana said that while the Burmese government's recent 
release of seven prisoners of conscience was a positive step, 
problems remained, including continuing arrests of political 
activists, the food crisis, and the military's use of 
violence against unarmed civilians.  To move forward, 
Quintana said he had recommended that the government address 
four core human rights areas:  revising domestic laws to 
ensure compliance with international human rights standards, 
and including human rights provisions in the new 
constitution; releasing all prisoners of conscience; 
providing human rights training for and reforming the 
military; and ensuring judicial independence to uphold the 
rule of law.  The Burmese delegation responded to Quintana's 
presentation by noting appreciation for the Special 
Rapporteur's "openness and candor," and desire to cooperate 
with the Burmese government.  However, the delegate said, 
criticisms made by Quintana and others regarding the Burmese 
government's response to international humanitarian 
 
 
assistance efforts in the wake of Cyclone Nargis were false. 
The delegate also claimed that the report "readily lends an 
ear" to incorrect allegations of irregularities surrounding a 
recent constitutional referendum.  (NOTE:  In UNGA Third 
Committee formal meetings, the Burmese delegation 
consistently has made Points of Order when Qher delegations 
refer to the country as "Burma" rather than "Myanmar," 
prompting the Secretariat to restate its pro-forma request 
for delegations to call countries by their name as recognized 
by the UN.) 
 
¶8. Special Rapporteur on the situation of human rights in the 
DPRK Vitit Muntarbhorn said that the situation remained grave 
in terms of "inequity" which Muntarbhorn summed up as "the 
elite do well, while the rest are left at the margins of 
development;" disparity in access to food; "severely 
constrained" civil and political rights, including "rigid 
control" over the media, the profession of religious beliefs, 
and abductions of foreign nationals; and restrictions on 
freedom of movement.  Muntarbhorn implored the DPRK 
government to take a number of immediate short-term steps, 
including extending an invitation to him to enter the country 
and assess the human rights situation at the ground level, as 
well as a number of specific longer-term steps.  The United 
States, France (on behalf of the European Union - EU), the 
United Kingdom, and the Czech Republic called upon the DPRK 
to cooperate with the Special Rapporteur and to grant him 
access to visit the country.  The delegate from the DPRK 
stated that his government "totally opposed and categorically 
rejected" the report, which he labeled as "political fraud." 
He said that the DPRK's position of not recognizing or 
accepting the resolution that had established the Special 
Rapporteur's mandate remained unchanged.  Further, the 
delegate said that imposing Western values on the DPRK was "a 
waste of time and a dream that could never come true." 
 
¶9. Of the country-specific reports, Special Rapporteur on the 
situation of human rights in "the Palestinian Territories 
occupied since 1967" Richard Falk's presentation was the most 
controversial.  Noting that only a country visit would allow 
for first-hand observation of the situation, Falk stated that 
Israel's failure to ease restrictions on movement of 
Palestinians subject to occupation and to freeze settlement 
expansion activity, as stipulated in the November 2007 
Annapolis Joint Statement, seriously violated the human 
rights of Palestinians.  While the current cease-fire, which 
came into effect on June 20, has been "generally effective," 
Falk said that there was evidence suggesting "a harsher 
regime of confinement and siege imposed on the Gazan 
population."  Falk criticized Israel's persistence in 
constructing a wall in Gaza, and deemed the "severe hardships 
associated with the unlawful features of this occupation" an 
urgent matter requiring UN decisive action.  Israel reacted 
to Falk's presentation by noting that it had hoped for an 
insightful, balanced, and constructive approach; rather, the 
report was one-sided and reflected Falk's "highly 
politicized" views.  The Palestinian observer expressed hope 
that Falk would be able to visit the region, and said it was 
"high time" for the international community to "wake up" and 
fulfill its commitments in moving the peace process forward. 
The United States called the report "one-sided," said that it 
mischaracterized the Annapolis Conference and failed to 
include terrorist acts committed against Israel.  The United 
States also noted its concern regarding Falk's "biased" 
mandate, stating that the international community could not 
expect much from a Special Rapporteur obliged "to concentrate 
only on potential violations committed by one party in a 
two-party conflict."  Recognizing that Falk had requested a 
broadening of his mandate, the United States called on the 
Human Rights Council (HRC) to review the current mandate and 
eliminate the standing agenda item on Israel.  France (on 
behalf of the EU) called for Israel and the Palestinian 
Authority to cooperate with the Special Rapporteur and allow 
him to visit the West Bank and Gaza.  Falk said he regretted 
the "personal attack" by Israel's representative. 
 
COUNTRY-SPECIFIC STATEMENTS TRIGGER HEATED REACTION 
--------------------------------------------- ------ 
 
¶10. In statements delivered during two formal sessions 
October 29-30, France (on behalf of the EU), New Zealand, 
Australia, and the United States outlined serious human 
rights violations in specific countries of concern.  France 
detailed abuses in Burma, the DPRK, Sudan, Sri Lanka, the 
Democratic Republic of Congo, Iran, Zimbabwe, Somalia, 
Belarus, Uzbekistan, and Cuba; New Zealand spoke of 
violations in the DPRK, Sudan, Zimbabwe, the West Bank and 
 
 
Gaza, Iran, and Afghanistan; and Australia listed problems in 
Burma, Sudan, the DPRK, and Fiji.  DRL A/S Kramer delivered 
the U.S. statement, which outlined human rights violations in 
Iran, the DPRK, Burma, Syria, Uzbekistan, Zimbabwe, Sudan, 
Cuba, Belarus, Russia, and China.  When A/S Kramer reached 
the seven-minute time limit, delegates from Cuba, Russia, 
Iran, and China repeatedly interrupted him with Points of 
Order, noisily banging their placards against the desk to the 
extent that the Vice Chair was unable to allow A/S Kramer to 
finish reading the written statement.  (NOTE:  During the 
63rd session of Third Committee plenary meetings, many 
speakers have exceeded the time limit, and none of the others 
were interrupted by other delegations with Points of Order 
regarding the time limit.) 
 
¶11. Each of the country-specific statements triggered a 
flurry of Right of Reply statements from countries named as 
human rights abusers, but the responses to the U.S. statement 
were the most critical.  Cuba, Iran, Sudan, and Syria accused 
the United States of committing serious human rights 
violations at the U.S. military's Guantanamo Bay Detention 
facility, including the use of torture via methods such as 
waterboarding, and keeping detainees in "horrendous 
conditions."  The DPRK, Iran, and Syria accused the United 
States of committing human rights abuses in Iraq and 
Afghanistan, taking the lives of innocent civilians, as well 
as supporting alleged abuses committed by Israel in the West 
Bank and Gaza.  Syria and the DPRK said that the United 
States interferes in the internal affairs of other countries. 
 Cuba, Iran, and Sudan accused the United States of 
discriminating against immigrants and racial minorities 
within the United States, with Cuba maintaining that the 
United States applies segregationist policies in its schools 
and prisons.  Russia argued that the United States had its 
own freedom of expression problems, citing the case of a New 
York Times journalist (presumably Judith Miller), and the 
alleged detention by U.S. forces in Iraq and Afghanistan of 
12 journalists.  Cuba also accused the United States of 
allowing thousands of citizens to die in the wake of natural 
disasters. 
 
SPLIT VIEWS ON UN HUMAN RIGHTS LEADERSHIP 
----------------------------------------- 
 
¶12. Throughout the two-week discussion, the question of UN 
leadership on human rights issues consistently was explored. 
The United States and the EU, via France's statements, 
maintained that treaty bodies were most important in 
overseeing national implementation of international treaty 
obligations.  However, some countries, such as Algeria and 
Russia, argued that working with these bodies was too 
complicated, entailing heavy reporting burdens and lacking 
transparency and fairness.  Many speakers noted the need to 
more clearly delineate the division of work between the UNGA 
Third Committee and the HRC.  A few speakers lauded the 
Universal Periodic Review (UPR) process and encouraged all 
Member States to cooperate fully with the Council.  Others, 
including the DPRK and Belarus, took a more hostile approach, 
accusing the United States and the EU of undermining the work 
of the HRC.  The representatives of several countries known 
to violate citizens' human rights, such as the DPRK, Iran, 
Cuba and Russia bemoaned the "politicization" of human rights 
discussions within the UN, claiming that human rights abuses 
by the United States and the EU countries were ignored, while 
those in "weaker" states were singled out in a process that 
Iran described as "naming and shaming." 
 
THE HRC REPORT 
-------------- 
 
¶13. On October 31, HRC Council President Martin Ihoeghian 
Uhomoibi briefed the Committee on the HRC Report and the 
Council's work, including 106 resolutions, 35 decisions, five 
President's statements, and review of 24 Special Procedures. 
During the year, the first group of 32 countries had been 
reviewed under the UPR process; Uhomoibi explained that all 
Member States were scheduled to be reviewed by 2011.  He 
urged Member States to adopt and ratify the Optional Protocol 
to the International Covenant on Economic, Social, and 
Cultural Rights.  The Committee's reaction to the HRC Report 
was mixed, with many developing nations (notorious human 
rights abusers among them) praising the Council's work, and 
others maintaining some reservations.  The overall mood can 
best be summed up by the Korean delegation's pronouncement 
that it was "prudent though optimistic" in its expectations 
for the HRC.  In the discussion following Uhomoibi's 
presentation, Israel and the United States expressed concern 
 
 
regarding the Council's biased approach towards Israel. 
 
¶14. In accordance with a decision by UNGA's General 
Committee, the HRC report was allocated for discussion this 
year to both the Third Committee and the UNGA Plenary.  The 
Plenary took up the report on November 4.  Fifteen 
delegations took the floor following HRC President 
Uhomoibhi's introduction.  Speaking for the EU, France urged 
the HRC "to come up with balanced solutions" to the human 
rights problems in the West Bank and Gaza, called on the 
Council "not to lower its guard in terms of the situations 
that deserve our full attention,"  and said it hoped the 
experience of the two previous sessions of the UPR would 
improve the current one and that in future the UPR "should be 
consolidated to guarantee that the recommendations and 
pledges made by the States under review are effectively 
implemented."  New Zealand, announcing it would stand for 
election to the Council next year, also called on Member 
States to implement UPR recommendations and said it hoped the 
UPR and the work of the treaty bodies would help close the 
gap between policy and practice in the area of human rights. 
Switzerland said it strongly opposed any attempt by the HRC 
to impose control over the Office of the High Commissioner 
for Human Rights. 
 
¶15. Former HRC President Costea (Romania) said gross and 
systematic human rights violations should not be prevented 
from being brought before the HRC by accusations of 
"selectivity."  But Egypt said the Council should avoid 
country-specific resolutions, Russia and Iran said the UPR 
should replace country-specific resolutions, and the DPRK 
rejected the "stereotyped" DPRK resolution adopted in the 
Council's seventh session.  Israeli Deputy PermRep Daniel 
Carmon protested the Council's "obsessive and discriminatory" 
targeting of Israel and said, "Certain members of the Council 
appear intoxicated with the automatic majority they enjoy as 
they abuse the Council's procedures and mechanisms."  He said 
the Council had evaded its duty to review the mandate of the 
Special Rapporteur on the situation of human rights in the 
West Bank and Gaza, pointing out that "Even the Special 
Rapporteur himself publicly called for the mandate to be 
reviewed and updated." 
 
¶16. On the procedural question of whether to allocate 
discussion of the HRC report to the Third Committee or the 
UNGA Plenary, Brazil and Mexico said the Plenary is the 
appropriate place.  Senegal said the General Committee's 
decision to split the report's allocation was not ideal, but 
would do until the five-year review of the HRC.  Egypt said 
it went along with the decision only on the understanding 
that it does not prejudice the right of Member States in the 
Third Committee to address "all issues considered in the 
report." (NOTE:  The General Committee also decided the split 
allocation will be reviewed before the beginning of the 64th 
UNGA session.) 
Wolff