ADDRESS
BY THE VICE-MINISTER OF FOREIGN AFFAIRS OF CHILE, AMBASSADOR ALBERTO
VAN KLAVEREN,
AT THE HIGH LEVEL SECTION OF THE TENTH REGULAR SESSION OF THE HUMAN
RIGHTS COUNCIL
Geneva,
2 march 2009.
Mr. President,
Mr. Secretary-General,
Mrs. High Commissioner for Human Rights,
Ladies and gentlemen heads of delegation,
Representatives of organizations of the Civil Society,
Ladies and Gentlemen,
I
wish, at the outset, to express my gratitude to you, Mr. President,
for the way in which you have conducted this Human Rights Council
and reiterate to the High Commissioner, Mrs. Pillay, our support to
her and her staff in the fulfillment of their mandate with due independency.
Mr.
President,
It
is a great honor for me to address the Human Right Council in representation
of a country committed to the promotion and protection of human rights.
Chile
was one of the driving forces for the creation of this important U.N.
organ and, inconsonance with our own historical experience, we pleaded
for the incorporation of effective supervision and control mechanisms.
We
reaffirm, as members of this Council, our responsibility of supporting
this organism in the fulfillment of its mandate of promoting and protecting
human rights in the best possible way. In this perspective, we insist
once again on the universality, indivisibility and interdependence
of all human rights.
Mr.
President,
The
multilateral setting is the appropriate space to represent the shortcomings
and weaknesses affecting each of the international community's members.
The frank, honest and constructive language between States constitutes
one of the most efficient ways to improve the standards of compliance
with our human rights commitments. The dialogue and consensus that
should prevail in this instance, however, should not mean erosion
of the deep-rooted principles and values common to the universal consciousness.
The
Council should effectively address situations which may imply non-compliance
with human rights standards for all, without any distinction whatsoever.
The present and future legitimacy of this Council depends on the way
and good sense with which it tackles the said situations and solves
the controversies that may arise among its members.
Mr.
President,
The
level of expertise of the Delegations that have presented their national
reports so far shows the importance States attribute to the Universal
Periodical Review Mechanism (UPT). And the reports provided by the
treaty bodies and the civil society contribute, undoubtedly, to getting
an objective, equilibrated and accurate view of the human-rights situations
in each of the countries examined.
The
UPR is a new mechanism that has to be gradually improved and this
is a responsibility which is incumbent upon all of us. It is necessary
to ensure the adequate participation of all interested parties, particularly
the members of the Council, in the UPR Working Group and put the right
to formulate recommendations into effect. We should also improve NGO
participation at all stages of the UPR process.
But,
one stage is the UPR and the interactive dialogue. However, the other
more complex and difficult one, which will prove our degree of coherence
and earnestness with regard to the UN system, is the adequate response
to questions put forward by other States, the due consideration of
the recommendations formulated and the follow-up of and compliance
with the commitments undertaken.
Mr.
President,
The
Human Rights Council has also other means at its disposition to face
and adequately respond to urgent situations of grave and systematic
human rights violations. The special procedures, both the thematic
ones and those on country situations, are of vital importance.
Chile
supports the work of the special procedures and is constantly cooperating
with them. Our position will continue to be an open-door one, since
we firmly believe that these communication channels constitute a support
to national efforts.
Mr.
President,
One
of the biggest challenges to this Council is the preparation of the
next Durban Review Conference. The combat against racism, racial discrimination,
xenophobia and related intolerance, scourges which in varying degrees
affect all regions, requires an ethical and political commitment of
the international community in its entirety.
Subsequently,
in order to ensure the success of the process, the largest possible
participation is needed, as well as maintenance of the rule of consensus.
Civil society has a lot to say and contribute, since they are the
voice of the victims.
Mr.
President,
It
is essential for this Council to defend the most important freedoms
of the individual with regard to his autonomy and his own capacity
to decide: the right to have a religion, to change creed or simply
not have one. This concerns a freedom closely linked to a basic right
to manifest thoughts without restriction, except for the legitimate
restrictions laid down in the Covenant on Civil and Political Rights.
Chile will keep on defending freedom of expression as an essential
pillar of democracy and the defense of human rights.
The
Council has to defend equality in the eyes of the law and the principle
of non-discrimination as these constitute basic pillars of the international
human rights law. The Universal Declaration of Human Rights, whose
60th Anniversary we recently celebrated in all regions of the world,
points our in its preamble that "the recognition of the inherent
dignity and of the equal and inalienable rights of all members of
the human family is the foundation of liberty, justice and peace in
the world". Thereby we have recognized that the right to equity
does not allow any discrimination and constitutes the core of all
liberties and therefore we have to advance towards the full realization
of both principles.
In
this perspective, we are concerned about the fact that even today
there are still laws that discriminate women, devaluing them politically,
civilly and socially, contrary to the most elementary human rights
principles. The promotion and protection of women's human rights is
of prime concern to Chile, as we have demonstrated both in the Commission
and in the Human Rights Council. During the forthcoming June session
of the HRC there will be a Panel on the human rights of women, in
conformity with the HRC resolution on "the integration of the
human rights of women throughout the UN system". The aforementioned
Panel, in accordance with a proposal made by my country, will be dedicated
to the principle of equality before the Law.
Also,
basing itself on the principle of equality before the law and of non-discrimination,
Chile was one of the 66 countries that supported the General Assembly
Declaration of last December, which stated that the enjoyment of human
rights cannot be infringed upon on grounds of sexual orientation or
gender identity.
Mr.
President,
For
an effective implementation of the economic, social and cultural rights,
elimination of extreme poverty is indispensable. The most dramatic
expression of inequality is the standard of well-being enjoyed by
some and the want of others, but still deeper are the contrasts as
to the security with which each one faces life. This is even worse
in the case of extreme poverty.
The
big challenge for Chile has been the creation of a system of social
benefits based on the right to social protection, which generates
better access to and equality of opportunities. Therefore we reaffirm
our commitment to the work carried out within the framework this Council
aimed at establishing basic guiding principles on extreme poverty
and human rights.
Mr.
President,
When
the Human Rights Council will examine our degree of compliance with
the human right obligations, it will have the opportunity to appreciate
the concrete steps that have gradually been taken to give concrete
expression to the concept of "historic memory, peace and justice",
which include sanction and repairs of the human rights violations
that have taken place in the recent history of my country and, in
particular, measures to prevent recurrence of such violations.
As
far as redressal to the victims is concerned, a special chapter is
dedicated to the memory of what happened. While bringing dignity to
the victims, it allows us to build a society based on solidarity,
inclusiveness, tolerance towards diversity and commitment to the future.
One
of the main measures taken by the present government is the creation
of the "Museum on Memory and Human rights", with the objective
of reconstituting our historic memory in order to convert it into
experience. President Michelle Bachelet said textually in this respect:
"We cannot change our past. The only choice we have is to learn
from what we have gone through".
Mr.
President,
Just
as we have highlighted our progress, we have to recognize that there
is still a lot left to be done in our country to achieve effective
implementation of the rights and freedoms laid down in the international
instruments of which we are part.
An
important task, in our view, is to succeed in preventing human rights
violations, in conformity with the final objective of the international
human rights law of being a law meant to prevent rather than to sanction.
In this context, we have to continue basing our public on policies
the principles of equality, non-discrimination and integration.
Chile
will soon celebrate its 200 years of independence. With a view to
the future, we are elaborating a new human rights agenda which will
specifically incorporate all those needs for more protection, more
equity and more integration still pending for many.
In
the international context, we commit ourselves to continue cooperating
in the ever ongoing task of this Human Rights Council of promoting
the universal observance of all human rights and fundamental freedoms
for all human beings, without any restrictions whatsoever, in a fair
and equitable way.
We
reiterate our hope that, at the time of reviewing the statute of the
Human Rights Council, a consensus will be reached on the modification
of the Charter with a view to granting the Council the status of main
body, so that Human
Rights will be given the same institutional importance as security
and development within the United Nations.
