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Statement by H.E. Ambassador SHA Zukang, on behalf of the Like Minded Group, at the 61st Session of the Commission on Human Rights
(14 March 2005, Geneva)
2005-03-14

Mr. Chairman

On behalf of the member states of the Like Minded Group, namely Algeria, Bangladesh, Belarus, Bhutan, Cuba, Egypt, India, Indonesia, Iran, Malaysia, Myanmar, Nepal, Pakistan, the Philippines, Sri Lanka, Sudan, Viet Nam, Zimbabwe and my own country China, I wish at the outset to congratulate you on your well-deserved election to chair the 61st   session of the Commission on Human Rights.  Given your rich experience and extraordinary diplomatic skills, we are confident that you will guide the session to a successful conclusion.  My congratulations also go to other members of the Bureau on their election.  I would also like to take this opportunity to express my appreciation to the outgoing Chairman, H.E. Mike Smith, and his bureau for their tireless work over the last year. 

Mr. Chairman,

The United Nations will celebrate its 60th anniversary this year.  It is time to toast; it is also time to take stock, and to look into the future.  Over the past 60 years, the world has undergone tremendous changes in every field, including in the area of human rights.  These changes call for corresponding adjustment of the UN human rights system, as well as the way the member states behave in it.

Established in 1946, the Commission on Human Rights is the world's foremost human rights forum.  Among other things, it has "woven the international legal fabric that protects our fundamental rights and freedoms".  However, to quote the Secretary General's High Level Panel Report, the Commission is confronted with credibility problem.  And it can not be credible if it is seen to be maintaining double standards in addressing human rights concerns.

Human rights progress in certain parts of the world is exaggerated in order to fulfill hidden political agendas.  For the same reason, serious human rights violations can also be ignored on purpose.  The Commission has turned into a place of naming and shaming of developing countries, especially with regard to the deliberations under Item 9 whose original intention was to address only situations of massive, flagrant and systematic violations of human rights.  The record of the last several years shows that there has been indiscriminate use of country specific resolutions under Item 9 targeting mainly developing countries.  The record also reveals lack of transparency, application of double standards and political motives in the way in which country specific resolutions are identified, negotiated and tabled.  It is these factors that have contributed to the intense politicization and confrontation of the Commission, and to loss of its objectivity, credibility and impartiality.  

The High Level Panel Report has diagnosed serious symptoms ailing the Commission.  It has put forward specific proposals, and yet, it has failed to address the problem of misuse of Item 9 and proliferation of country specific resolutions.  In addition, the report should have highlighted the following concerns of the developing countries:  First, while taking note of the worsening situation of developing countries in health, social and economic areas, the report should have put more emphasis on the promotion of economic social and cultural rights, and the right to development. Second, the UN Charter clearly stipulated that the way of promotion and protection of human rights is " to achieve international cooperation".  The Vienna Declaration and Program of Action reaffirmed this important principle. It's about time that members of the Commission do more to promote dialogue instead of confrontation, and have more soul-searching instead of finger-pointing.     

Mr. Chairman,

Special Mechanisms play an important role in the promotion and protection of internationally recognized human rights.  In order to facilitate their work, there is also a pressing need for a comprehensive and objective review.  In his Agenda for Further Change {A\57\387} in 2002, the Secretary General also emphasized the importance of special mechanisms and for enhancing their effectiveness.  We have noted with appreciation the efforts of the Asian Group to carry out a review late last year, and come up with a paper on enhancing the effectiveness of the special mechanisms. We welcome the recommendations put forward.  We do hope that the Asian Paper, together with written comments from other regional groups, will serve as a basis for further study and discussions during this session.

Mr. Chairman,
  
The LMG welcomes the constructive participation of non-governmental organizations and their positive contribution to the work of the Commission.  No one, either GO or Non GO, should be above rules.  We note with regret that certain NGOs, however, in violation of the ECOSOC Resolution 1996/31, have abused their consultative status to promote interests other than human rights.  Such practices not only poison the atmosphere of the Commission but also undermine the ability of genuine and responsible NGOs to make their contribution.   We therefore would like to reiterate that the role of the NGOs should be clarified in such a way as to ensure that their participation enhances the capability of the Commission to address human rights issues in a more effective manner.  The Secretariat should strictly apply the guidelines prescribed in the relevant rules and regulations, especially the Resolution 1996/3 as well as document E/CN.4/2002/153.  It is our belief that these measures are essential to ensuring the objectivity and effectiveness of NGOs and to generating an atmosphere of dialogue and cooperation between Government delegations and NGOs.
   
Mr. Chairman,

Let me conclude by assuring you that the Like Minded Group will spare no effort to assist you and your Bureau in conducting the affairs of the Commission in a smooth and constructive way.  The LMG member states will do their utmost to create a climate of cooperation and harmony. We believe that our efforts in this regard will be reciprocated by all other delegations.

Thank you, Mr. Chairman.

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