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Statement by H.E. Ambassador SHA Zukang, on behalf of the Like Minded Group, at the 60th Session of the Commission on Human Rights on Item 4: Report of the High Commissioner for Human Rights (March 19, 2004)
2004/04/16
Mr. Chairman,

I would like to speak on behalf of the Like Minded Group of States: Algeria, Bangladesh, Bhutan, Cuba, Egypt, India, Indonesia, Iran, Malaysia, Myanmar, Nepal, Pakistan, the Philippines, Sri Lanka, Sudan, Viet Nam, Zimbabwe and my own country China, under agenda item 4: Report of the High Commissioner for Human Rights.

First of all, I would like to express our condolences on the tragic loss of our good friend, Sergio, the late High Commissioner. The LMG welcomes the appointment of the new High Commissioner for Human Rights, Ms. Louise Arbour, and we are looking forward to working closely with her to further the cause of the promotion and protection of human rights. At the same time, it is desirable to take due consideration of geographical balance as set out in General Assembly resolution 48/141 concerning the post of High Commissioner.

The LMG takes note of the report of the Acting High Commissioner for Human Rights as contained in document E/CN.4/2004/12 and its addendums. We got the advanced edition of this report only last week. In this regard, we hope the six-week rule for the availability of the CHR documents should be strictly observed, so as to leave enough time for participants to read and digest the substantive proposals contained in it and other documents.

In his report, the Acting High Commissioner, illustrates the present state of human rights in the contemporary world, explores ways for the promotion of human rights in 5 different perspectives: national protection systems, human rights treaty system, special procedures, human rights education and the role of the courts in the protection of human rights. The report also emphasizes the importance for strengthening international protection and raises some issues for the CHR to reflect on. The LMG appreciates the efforts of the Acting High Commissioner in drafting this report and finds itself equally shocked by the state of human rights in the world. In particular the fact that nearly one billion people in poverty can hardly survive, and many will not even live to the age of 55. We cannot talk about "rights" while leaving so many "human" out of picture, and we tend to agree with the Acting High Commissioner when he concludes: the struggle against poverty must remain at the forefront of the human rights agenda. In addition, the LMG would like to make the following comments:

Firstly, regarding the national protection system, the LMG believes that the promotion and protection of human rights is first and foremost the responsibility of states. Bearing in mind the universality of human rights, governments are duty bound to find the appropriate way to attain the goal of promoting and protecting human rights in the light of their specific conditions. The international community should help create favorable conditions and provide necessary assistance for states to build their respective national protection system. We agree that democracy and good governance are important for the realization of human rights; we are also of the view that democracy and good governance should be effected or practiced at the international level too.

Secondly, in his report, the Acting High Commissioner has touched upon a number of important issues. Among them, strengthening of the human rights treaty system and special procedures. He has also mentioned the possibility of creating new ones. The LMG supports the efforts to improve and strengthen the work of treaty bodies and special procedures. At the same time, we should be aware of the problems, such as insufficient funding and overlapping of mandates.    

Thirdly, with the ever-increasing activities of the Office of the High Commissioner for Human Rights, the LMG believes it is desirable to ensure necessary financial and material resources from the UN regular budget to enable the Office to carry out its mandates effectively and expeditiously. We welcome the voluntary contributions to the Office. We call on the donor community to make unearmarked contributions in order to give the Office flexibility in the allocation of resources, and treating all human rights in a fair and equal manner. We also hope the extra-budgetary contributions does not justify to the lack of transparency in the recruitment of personnel of the Office.

Fourthly, the composition of the Office of the High Commissioner for Human Rights remains a serious concern. Even though the CHR has adopted resolutions year after year asking for a more balanced composition of the Office, not much progress has been made in this regard. One region accounts for more than half of the posts of the Office, more than the four remaining regional groups combined. This is unacceptable and the credibility of the Office is eroded. We urge immediate action be taken to address this phenomenon.

The LMG appreciates the work done by the Office of the High Commissioner in providing secretarial services and assistance for promoting and protecting human rights. At the same time, we are of the view that the staff of the Office of the High Commissioner, in discharging their duties, should function within their mandates and maintain the highest UN standards of neutrality, impartiality and objectivity.

Thank you, Mr. Chairman.
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