Professional Documents
Culture Documents
G OVERNMENT P OSITIONS
2007 2008
ON
K EY I SSUES
COUNTRY
MEMBER
COUNTRY
MEMBER
COUNTRY
Angola
Guatemala
Philippines
Azerbaijan
India
Qatar
Bangladesh
Indonesia
Republic of Korea
Bolivia
Italy
Romania
Japan
Russia
Brazil
Jordan
Saudi Arabia
Cameroon
Madagascar
Senegal
Canada
Malaysia
Slovenia
China
Mali
South Africa
Cuba
Mauritius
Sri Lanka
Djibouti
Mexico
Switzerland
Egypt
Netherlands
Ukraine
France
Nicaragua
United Kingdom
Gabon
Nigeria
Uruguay
Germany
Pakistan
Zambia
Ghana
Peru
REGIONAL GROUPS
African Group (13 members)
Asian Group (13 members)
Eastern European Group (6 members)
Latin American and Caribbean States (GRULAC) (8 members)
Western European and Others Group (WEOG) (7 members)
Methodology
DCP has selected a set of indicators from the debates and decisions
taken by the Council over the 2007-2008 cycle and tracked
government positions for them.2 They consist of key thematic,
country-specific, and procedural issues identified by DCP as key
indicators of a governments commitment to the promotion and
protection of human rights.
DCP did not track the positions of governments on all the decisions
and issues considered by the Council as some issues lacked
substantive debate among member states; some debates did not result
in any action or produce sufficient government positions to warrant
tracking; and on some resolutions and issues, DCP did not take
positions. In our analysis, we discuss what we believe were the most
significant debates of the second cycle even if positions for them were
not tracked.3
To establish the positions of governments on these issues, DCP
consulted the public record through available documentation and
1
Thematic issues
A/HRC/RES/8/2
24
Myanmar
On October 2, 2007, the Human Rights Council convened a special
session in response to the human rights crisis in Myanmar after
authorities responded with violence toward Buddhist monks and
Burmese citizens protesting high fuel prices. Portugal (on behalf of
the EU) sponsored the session, which received cross-regional support
from 17 member and 36 observer states. In addition to the EU, Bosnia
and Herzegovina, Canada, Switzerland, Japan, Guatemala, Mexico,
Peru, the Republic of Korea, and Uruguay supported the special
session. Brazil signed on in support only after the session was called.32
Conspicuously, no African or OIC member of the Council supported
the session. Nonetheless, the robust debate led to the adoption of a
A/HRC/RES/6/34
Cuba aligned itself with the statement made by the African Group.
The mandates of Liberia and Somalia were renewed because of the governments support for their
extension.
32
For this reason, Brazil was given a yellow mark for this indicator in the accompanying chart.
A/HRC/RES/S-5/1
A/HRC/RES/7/20
A consensus resolution, Situation of human rights in the Sudan (A/HRC/RES/7/16), adopted
by the Council on March 27, was so shockingly watered down as a result of negotiations between the
EU and the African Group that it failed to hold the government of the Sudan accountable for ignoring
Security Council resolutions and its role in continued human rights violations.
36
The issue of human rights in the OPT is addressed through a permanent agenda item on the Councils
agenda Item 7: Human rights situation in Palestine and other occupied Arab Territories.
29
33
30
34
31
35
to include violations by
both sides in the conflict.
It has yet to be seen if
this proposal will attract
support among member
states of the Council.
Democratic
Peoples Republic
of Korea
During the Seventh session,
the Council adopted a
resolution, Situation
of human rights in the
Democratic Peoples
Republic of Korea,42
submitted by Slovenia (on
behalf of the EU) and
Japan, which extended the
mandate of the Special
Rapporteur for one year.
The largely procedural resolution drew the usual sharp criticism
from the government of the Democratic Peoples Republic of Korea
(DPRK). Several states, including Cuba, Indonesia, the Philippines,
and China argued that the mandate was politicized and ineffective
and that the UPR is the more appropriate mechanism for considering
the human rights situation in the DPRK. Nevertheless, the mandate
was adopted by a vote of 22 in favor, seven against, and 18
abstentions. The high number of abstentions reflects the uncertainty
of the Council about the future of country mandates, primarily
those that do not enjoy the support of the state in question. The EU,
Bosnia and Herzegovina, Ukraine, Switzerland, Canada, Japan, the
Republic of Korea, and the majority of Latin American states, with
the exception of Nicaragua, Cuba, and Guatemala, supported the
extension of the mandate. The majority of African and OIC countries
abstained from the vote; notable exceptions were Ghana, Madagascar,
Saudi Arabia, and Jordan, which supported the resolution. The seven
states that voted against the extension of the mandate were China,
Cuba, Egypt, Indonesia, Malaysia, Nicaragua, and the Russian
Federation. Egypt was the only African country to stand by the African
groups stated position against country mandates when it voted against
the resolution.
A/HRC/RES/7/15
42
Participation of Nongovernmental
Organizations
An additional area of concern at the Council was the upward trend
towards limiting the participation of NGOs by member states
through restrictive interpretations of the Councils modalities.44 This
became apparent during discussions surrounding the UPR as well as
discussions under the Follow-up and implementation of the Vienna
Declaration and Programme of Action.
Exceptions to this were Bosnia and Herzegovina, Japan, Albania, Croatia, Georgia, Iran, Macedonia,
and Pakistan.
The indicator titled Favored a broad interpretation of the participation of NGOs in the UPR outcome debate
reflects government positions expressed during the review of the UPR outcome reports at the Eighth
session in June. A country was given a green mark if they argued for a broader interpretation of NGO
participation. Countries receiving a red mark argued for a narrower interpretation of NGO participation.
Countries given a yellow mark were silent during this debate.
43
45
44
46
rights crisis in Tibet, raised the issue during the general debate
under discussion on the Vienna Declaration and Programme of Action.
China supported by several states moved aggressively to silence
the discussion by raising 12 points of order and arguing that country
specific situations belonged under the agenda item Human rights
situations that require the Councils attention.47 Slovenia (on
behalf of the EU) and Switzerland stressed that it was necessary
to cite progress made in implementing commitments, which could
include references to specific situations. President Costea clarified
that implementation of the Vienna Declaration and Programme of
Action takes place on the ground and not in a vacuum; therefore,
references to specific country situations can be made as they relate to
implementation of the Declaration, but country situations should not
be the primary focus of the statement.
Independence of OHCHR
A recurring issue from the first cycle of the Council related to the
strengthening of OHCHR and its relationship to the Council.
A resolution submitted during the Seventh session by Cuba,48
Composition of the staff of the Office of the United Nations High
Commissioner for Human Rights,49 raised concerns within the
human rights community that states may be working to undermine
the independence of OHCHR. The resolution, adopted by a vote of
34 in favor, 10 against, and three abstentions, encouraged the General
Assembly to consider additional measures for the promotion of
geographical balance representing national and regional specificities,
various historic, cultural, and religious backgrounds, as well as the
diversity of political, economic and legal systems. Slovenia (on
behalf of the EU) and Canada opposed the resolution stating that
the Council was not the appropriate body to address these issues
and was duplicating efforts already underway by the OHCHR and
other bodies.50 The Republic of Korea and Switzerland noted that
the resolution had a negative tone and impact and interfered with the
work of OHCHR; therefore, both abstained from the vote along with
Japan. All members of the African Group, the OIC, and GRULAC
supported the resolution, as well as Asian states with the exception
of the Republic of Korea and Japan. The issue re-emerged during
the Eighth session when several states called for a formal discussion
of OHCHRs 2009-2010 strategic framework.51 The Netherlands and
Ireland rejected the view that the Council should have any oversight
over OHCHR. By the start of the third cycle, states remained split on
this issue leading the new President of the Council Martin Ihoeghian
Uhomoibhi to appoint Moroccan Ambassador Mohammed Loulichki
to facilitate further consultations.
Interestingly, during the Sixth session, China stated that there were too many human rights situations
requiring the Councils attention to be covered under Human rights situations that require the Councils
attention,, so they urged states to address broad situations such as children dying of curable diseases,
rights of indigenous people, and poverty in the global south.
48
The following countries joined Cuba in sponsoring the resolution: Belarus, Bolivia, Cuba, Democratic
Republic of Korea, Ecuador, Iran, Libyan Arab Jamahariya, Nicaragua, Sri Lanka, Syrian Arab
Republic, Uruguay, and Zimbabwe.
49
A/HRC/RES/7/2
50
Bosnia and Herzegovina and Ukraine also opposed the resolution.
51
Malaysia, Philippines, Algeria, and Uzbekistan.
47
10
Conclusion
The Human Rights Councils transition from institution building
to addressing human rights situations got off to a rocky start in the
second cycle. After delays in the Sixth session caused by uncertainty
on how to move forward with the task of reviewing mandates, the
Council eventually began this work in December and also started
addressing human rights situations. While the Council considered
numerous country situations throughout the year, it acted only
on a few. It failed to effectively address several unfolding human
rights crises, such as Zimbabwe and Tibet, or speak forcefully on
ongoing situations as urgent as Darfur. The Council discontinued
the mandates on the Democratic Republic of the Congo and Group
of Experts on Darfur, two areas of the world where gross and
systematic human rights violations continue to take place. On the
issue of country scrutiny, the Council split almost evenly between
members of the EU and WEOG that support the principle of country
scrutiny and the African Group, which under the leadership of
Egypt, conditions such attention only at the request of a government.
A Code of Conduct for special procedures mandate holders contained in Resolution 5/2 was adopted
by the Council, despite opposition from the human rights community.
Alston was criticized by Nigeria, the Philippines, India, Algeria, Singapore, Sri Lanka, Sudan, and
Pakistan (on behalf of the OIC). Alston had recently visited the Philippines, Sri Lanka and voiced
criticism of them in his report. He also noted that India had not responded to a request for visit.
54
Russia and Indonesia criticized Nowaks working methods, including unannounced visits and private
interviews. Nowak responded that these methods were necessary for fact-finding missions.
55
The Presidential Statement, A/HRC/8/PRST/2, provides that the terms of office of the mandate
holder shall be extended for a second three year term by the Council, only if no information on
persistent non-compliance by a mandate holder with the provisions of the [Code of Conduct] is brought
to the attention of the Council.
52
53
11
INDICATOR
Albania
Algeria
Argentina
Armenia
OBSERVER STATES
Angola
Azerbaijan
Bangladesh
Bolivia
Bosnia and Herzegovina
Brazil
Cameroon
Canada
China
Cuba
Djibouti
Egypt
France
Gabon
Germany
Ghana
Guatemala
India
Indonesia
Italy
Japan
Jordan
Madagascar
Malaysia
Mali
Mauritius
Mexico
Netherlands
Nicaragua
Nigeria
Pakistan
Peru
Philippines
Qatar
Republic of Korea
Romania
Russia
Saudi Arabia
Senegal
Slovenia
South Africa
Sri Lanka
Switzerland
Ukraine
United Kingdom
Uruguay
Zambia
MEMBER STATES
12
Voted against
Amendment
on Reporting
on Abuses of
Freedom of
Expression
Voted against
Amendment on the
"importance of the
media to report and
deliver information in
a fair and impartial
manner"
Supported
Special
Session
on the
Right to
Food
Voted in Favor of
Resolution on
Good Governance
in the Promotion
and Protection of
Human Rights
Favored a broad
interpretation of
the participation
of NGOs in the
UPR outcome
debate
Supported
Special
Session on
Myanmar
Voted to Extend
Mandate on the
Democratic
People's
Republic of
Korea
Favored
Renewal of
Mandate on the
Democratic
Republic of the
Congo
Favored
Renewal of
Mandate on the
Group of
Experts on
Darfur
Voted in favor of
resolution on Israeli
settlements in the
Occupied
Palestinian Territory
Australia
Austria
Bahrain
Belarus
Belgium
Bhutan
Bulgaria
Chile
Congo
Cote d'Ivoire
Croatia
Cyprus
Czech Republic
Democratic People's Republic of Korea
Democratic Republic of the Congo
Denmark
Dominican Republic
Ecuador
Estonia
Finland
Greece
Guinea
Haiti
Honduras
Hungary
Iceland
Iran
Ireland
Laos
Latvia
Lesotho
Libya
Liechtenstein
Lithuania
Luxembourg
Maldives
Malta
Monaco
Montenegro
Morocco
Mozambique
New Zealand
Norway
Palestine
Panama
Poland
Portugal
Serbia
Singapore
Slovakia
Spain
Sudan
Sweden
Tanzania
The Former Yugoslav Republic of Macedonia
Tunisia
Turkey
United States of America
Venezuela
Vietnam
Zimbabwe
13
INDICATOR
14
development
Amendment on Reporting on
Abuses of Freedom of Expression
Fax +1 202.721.5658
info@demcoalition.org
No position
taken
24
No position
taken
13
Abstained
0
Favored the
renewal
12 members
8 observers
Voted in favor
46
Against the
renewal
22 members
1 observer
Against the
renewal
14 members
2 observers
Voted against
extension
7
During the Seventh session, the Council adopted this resolution with a vote of 46 states in favor, 1
against, and no abstentions. The resolution urged Israel to reverse the settlement policy in the occupied
territories and to stop immediately the expansion of the existing settlements.
During the Sixth session, the mandate of the Group of Experts on Darfur was terminated through the
adoption of a resolution by consensus. Only twelve member states had earlier stated their support for its
renewal. The Council tasked the Special Rapporteur on the Sudan with the responsibility of following up
on the medium-run implementation of the recommendations made by the Group of Experts.
During the Seventh session, the mandate of the Independent Expert on the DRC was terminated. Only
nine member states publicly supported the extension of the mandate before a consensus resolution was
passed failing to renew the mandate and calling on the OHCHR and thematic mandates to provide
assistance to the DRC.
During the Seventh session, the resolution extending the mandate on the DPRK was adopted by a vote
of 22 states in favor, 7 against, and 18 abstentions. The resolution expresses deep concern about the
widespread violations of human rights in the DPRK. It also urges the government of the DPRK to
cooperate fully with the Special Rapporteur on the DPRK.
With the support of 17 member states and 36 observer states, the President on October 2, 2007 convened
the Fifth special session to address the human rights situation resulting from the escalating violence in
Myanmar. It resulted in the adoption by consensus of a resolution that "strongly deplores" the violent
repression of peaceful demonstrations and encourages the government of Myanmar to cooperate with
the UN and the Special Rapporteur on Myanmar.
Favored the
renewal
9 members
4 observers
coalition-building
Contact us
22
Abstained
During consideration of the the UPR working group reports during the Eighth session, some member
states interpreted the institution-building package in a way that limits NGOs to commenting only on
issues already contained in the final reports. NGOs speaking during the reviews of Bahrain, Morocco,
Algeria, Pakistan, and Indonesia were continuously interrupted by points of order on whether their
statements were within the scope of the working group reports.
During the Seventh session, the resolution was adopted by a vote of 41 states in favor, none against and 6
abstentions. The resolution welcomed the OHCHRs publication on good governance practices and
requested the OHCHR to prepare another report on anti-corruption, good governance and human rights.
The President convened the Seventh special session on March 22, 2008 to address the global food crisis.
The session was supported by 41 member states and 41 observer states. The session resulted in the
adoption by consensus of a resolution that urges states to pursue the necessary means to ensure that the
right to food is upheld.
This amendment to the draft resolution on the mandate on the right to freedom of expression was passed
by a vote of 29 in favor, 3 abstentions and 15 against during the Seventh session. It cites the importance
of the media to report and deliver information in a fair and impartial manner. The draft resolution was
adopted by a vote of 32 in favor, none against, and 15 abstentions, thereby renewing the mandate.
Voted to extend
1 member
3 observers
democratic crises
Did not sign call
for special
session
29
29
Favored a
restrictive
interpretation
12 members
3 observers
Voted against
0
Supported by
signing call for
special session
17 members
36 observers
Favored a broad
interpretation
Abstained
6
Voted in favor
29
Supported by
signing call for
special session
41 members
41 observers
Abstained
3
Voted in favor
27
This amendment to the draft resolution on the mandate on the right to freedom of expression was passed
by a vote of 27 in favor, 3 abstentions and 17 against during the Seventh session. It altered the scope of
the mandate to report on instances of abuse of freedom of expression. The draft resolution was adopted
by a vote of 32 in favor, none against, and 15 abstentions, thereby renewing the mandate.
OUTCOME
The Democracy Coalition Project is a
Voted against
15
Abstained
3
development.
Voted against
17
POSITIONS
About the Democracy Coalition Project
Ph. +1 202.721.5630
Contact us
Democracy Coalition Project
1120 19th Street, NW, 8th Floor
Washington, DC 20036, U.S.A.
Ph. +1 202.721.5630
Fax +1 202.721.5658
info@demcoalition.org
Busi Langa
Payal Patel
BOARD OF DIRECTORS:
Morton H. Halperin, President and Chairman
Theodore Piccone
Dokhi Fassihian
Robert Herman
www.demcoalition.org
16
ON