5/21 Report on the fifth session of the Human Rights Council / RightDocs

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Document Type: Final Report

Date: 2007 Aug

Session: 5th Regular Session (2007 Jun)

Agenda Item: Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

GE.07-13562 (E) 160807

UNITED NATIONS

General Assembly Distr. GENERAL

A/HRC/5/21 7 August 2007

Original: ENGLISH

HUMAN RIGHTS COUNCIL Fifth session 11-18 June 2007 Agenda item 3

REPORT TO THE GENERAL ASSEMBLY ON THE FIFTH SESSION OF THE COUNCIL*

Vice-President and Rapporteur: Mr. Mousa Burayzat (Jordan)

* The format of the present report is based on the agenda and “Draft framework for a programme of work of the Human Rights Council for the first year” for the fifth session as adopted by the Council in its decisions 1/105 of 30 June 2006 and 2/103 of 6 October 2006. It should therefore not serve as a precedent for future sessions of the Council.

CONTENTS

Chapter Page

I. Resolutions and decisions adopted by the Council at its fifth session ........... 4

A. Resolutions

5/1. Institution-building of the United Nations Human Rights Council .................................................................. 4

5/2. Code of Conduct for Special Procedures Mandate-holders of the Human Rights Council ........................................................ 37

B. Decisions

5/101. Institution-building of the Human Rights Council and draft code of conduct for special procedures mandate-holders of the Human Rights Council ............................. 45

5/102. Postponement of consideration of all pending draft resolutions and decisions, and of the draft report .......................... 45

Paragraphs

II. Adoption of the agenda and organization of the work of the session ................................................................................... 1 - 14 46

A. Opening and duration of the session ...................................... 1 - 3 46

B. Attendance ............................................................................. 4 46

C. Adoption of the agenda .......................................................... 5 47

D. Organization of work ............................................................. 6 - 7 47

E. Meetings and documentation ................................................. 8 - 14 47

III. Implementation of General Assembly resolution 60/251 of 15 March 2006 entitled “Human Rights Council” ................. 15 - 63 48

A. Reports of the special procedures .......................................... 15 - 41 48

1. Thematic reports ............................................................ 15 - 24 48

Independence of judges and lawyers/Contemporary forms of racism, racial discrimination, xenophobia and related intolerance ................................................... 15 - 19 48

CONTENTS (continued) Chapter Paragraphs Page

Right to food/Adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights/Adequate housing as a component of the right to an adequate standard of living/Question of human rights and extreme poverty ............................................................. 20 - 24 49

2. Country reports .............................................................. 25 - 41 50

Belarus ........................................................................... 25 - 27 50

Cuba ............................................................................... 28 - 30 51

Cambodia ....................................................................... 31 - 33 51

Haiti ............................................................................... 34 - 36 51

Somalia .......................................................................... 37 - 41 52

B. Follow-up to decisions of the Human Rights Council .......... 42 - 56 53

1. Follow-up to resolution 4/2 ........................................... 42 - 46 53

2. Follow-up to resolution 3/3 ........................................... 47 - 50 54

3. Follow-up to resolution 4/8 ........................................... 51 - 53 54

4. Follow-up to other decisions of the Human Rights Council .......................................................................... 54 - 56 55

Decisions 2/105 and 2/111 ............................................ 54 - 55 55

Resolution 3/2 ................................................................ 56 55

C. Institution-building ................................................................ 57 - 59 55

D. Consideration and action on draft proposals ......................... 60 - 63 56

Annexes

I. Agenda of the fifth session of the Council ........................................................... 57

II. Estimated administrative and programme budget implications of Council resolutions and decisions .................................................................... 58

III. List of attendance .................................................................................................. 63

IV. List of documents of the Council ......................................................................... 73

I. Resolutions and decisions adopted by the Council at its fifth session

A. Resolutions

5/1. Institution-building of the United Nations Human Rights Council

The Human Rights Council,

Acting in compliance with the mandate entrusted to it by the United Nations General Assembly in resolution 60/251 of 15 March 2006,

Having considered the draft text on institution-building submitted by the President of the Council,

1. Adopts the draft text entitled “United Nations Human Rights Council: Institution-Building”, as contained in the annex to the present resolution, including its appendix(ces);

2. Decides to submit the following draft resolution to the General Assembly for its adoption as a matter of priority in order to facilitate the timely implementation of the text contained thereafter:

The General Assembly,

Taking note of Human Rights Council resolution 5/1 of 18 June 2007,

1. Welcomes the text entitled “United Nations Human Rights Council: Institution-Building”, as contained in the annex to the present resolution, including its appendix(ces).

Annex

UNITED NATIONS HUMAN RIGHTS COUNCIL: INSTITUTION-BUILDING

I. UNIVERSAL PERIODIC REVIEW MECHANISM

A. Basis of the review

1. The basis of the review is:

(a) The Charter of the United Nations;

(b) The Universal Declaration of Human Rights;

(d) Voluntary pledges and commitments made by States, including those undertaken when presenting their candidatures for election to the Human Rights Council (hereinafter “the Council”).

2. In addition to the above and given the complementary and mutually interrelated nature of international human rights law and international humanitarian law, the review shall take into account applicable international humanitarian law.

B. Principles and objectives 1. Principles

3. The universal periodic review should:

(a) Promote the universality, interdependence, indivisibility and interrelatedness of all human rights;

(b) Be a cooperative mechanism based on objective and reliable information and on interactive dialogue;

(d) Be an intergovernmental process, United Nations Member-driven and action-oriented;

(e) Fully involve the country under review;

(f) Complement and not duplicate other human rights mechanisms, thus representing an added value;

(g) Be conducted in an objective, transparent, non-selective, constructive, non-confrontational and non-politicized manner;

(h) Not be overly burdensome to the concerned State or to the agenda of the Council;

(i) Not be overly long; it should be realistic and not absorb a disproportionate amount of time, human and financial resources;

(j) Not diminish the Council’s capacity to respond to urgent human rights situations;

(k) Fully integrate a gender perspective;

(l) Without prejudice to the obligations contained in the elements provided for in the basis of review, take into account the level of development and specificities of countries;

(m) Ensure the participation of all relevant stakeholders, including non-governmental organizations and national human rights institutions, in accordance with General Assembly resolution 60/251 of 15 March 2006 and Economic and Social Council resolution 1996/31 of 25 July 1996, as well as any decisions that the Council may take in this regard.

2. Objectives 4. The objectives of the review are: (a) The improvement of the human rights situation on the ground;

(b) The fulfilment of the State’s human rights obligations and commitments and assessment of positive developments and challenges faced by the State;

(c) The enhancement of the State’s capacity and of technical assistance, in consultation with, and with the consent of, the State concerned;

(d) The sharing of best practice among States and other stakeholders;

(e) Support for cooperation in the promotion and protection of human rights;

(f) The encouragement of full cooperation and engagement with the Council, other human rights bodies and the Office of the United Nations High Commissioner for Human Rights.

C. Periodicity and order of the review

5. The review begins after the adoption of the universal periodic review mechanism by the Council.

6. The order of review should reflect the principles of universality and equal treatment.

7. The order of the review should be established as soon as possible in order to allow States to prepare adequately.

8. All member States of the Council shall be reviewed during their term of membership.

9. The initial members of the Council, especially those elected for one or two-year terms, should be reviewed first.

10. A mix of member and observer States of the Council should be reviewed.

11. Equitable geographic distribution should be respected in the selection of countries for review.

12. The first member and observer States to be reviewed will be chosen by the drawing of lots from each Regional Group in such a way as to ensure full respect for equitable geographic distribution. Alphabetical order will then be applied beginning with those countries thus selected, unless other countries volunteer to be reviewed.

13. The period between review cycles should be reasonable so as to take into account the capacity of States to prepare for, and the capacity of other stakeholders to respond to, the requests arising from the review.

14. The periodicity of the review for the first cycle will be of four years. This will imply the consideration of 48 States per year during three sessions of the working group of two weeks each.1

D. Process and modalities of the review

1. Documentation

15. The documents on which the review would be based are:

(a) Information prepared by the State concerned, which can take the form of a national report, on the basis of general guidelines to be adopted by the Council at its sixth session (first session of the second cycle), and any other information considered relevant by the State concerned, which could be presented either orally or in writing, provided that the written presentation summarizing the information will not exceed 20 pages, to guarantee equal treatment to all States and not to overburden the mechanism. States are encouraged to prepare the information through a broad consultation process at the national level with all relevant stakeholders;

(b) Additionally a compilation prepared by the Office of the High Commissioner for Human Rights of the information contained in the reports of treaty bodies, special procedures, including observations and comments by the State concerned, and other relevant official United Nations documents, which shall not exceed 10 pages;

(c) Additional, credible and reliable information provided by other relevant stakeholders to the universal periodic review which should also be taken into consideration by the Council in the review. The Office of the High Commissioner for Human Rights will prepare a summary of such information which shall not exceed 10 pages.

16. The documents prepared by the Office of the High Commissioner for Human Rights should be elaborated following the structure of the general guidelines adopted by the Council regarding the information prepared by the State concerned.

1 The universal periodic review is an evolving process; the Council, after the conclusion of the

first review cycle, may review the modalities and the periodicity of this mechanism, based on best practices and lessons learned.

17. Both the State’s written presentation and the summaries prepared by the Office of the High Commissioner for Human Rights shall be ready six weeks prior to the review by the working group to ensure the distribution of documents simultaneously in the six official languages of the United Nations, in accordance with General Assembly resolution 53/208 of 14 January 1999.

2. Modalities

18. The modalities of the review shall be as follows:

(a) The review will be conducted in one working group, chaired by the President of the Council and composed of the 47 member States of the Council. Each member State will decide on the composition of its delegation;2

(b) Observer States may participate in the review, including in the interactive dialogue;

(d) A group of three rapporteurs, selected by the drawing of lots among the members of the Council and from different Regional Groups (troika) will be formed to facilitate each review, including the preparation of the report of the working group. The Office of the High Commissioner for Human Rights will provide the necessary assistance and expertise to the rapporteurs.

19. The country concerned may request that one of the rapporteurs be from its own Regional Group and may also request the substitution of a rapporteur on only one occasion.

20. A rapporteur may request to be excused from participation in a specific review process.

21. Interactive dialogue between the country under review and the Council will take place in the working group. The rapporteurs may collate issues or questions to be transmitted to the State under review to facilitate its preparation and focus the interactive dialogue, while guaranteeing fairness and transparency.

22. The duration of the review will be three hours for each country in the working group. Additional time of up to one hour will be allocated for the consideration of the outcome by the plenary of the Council.

2 A Universal Periodic Review Voluntary Trust Fund should be established to facilitate the

participation of developing countries, particularly the Least Developed Countries, in the universal periodic review mechanism.

23. Half an hour will be allocated for the adoption of the report of each country under review in the working group.

24. A reasonable time frame should be allocated between the review and the adoption of the report of each State in the working group.

25. The final outcome will be adopted by the plenary of the Council.

E. Outcome of the review

1. Format of the outcome

26. The format of the outcome of the review will be a report consisting of a summary of the proceedings of the review process; conclusions and/or recommendations, and the voluntary commitments of the State concerned.

2. Content of the outcome

27. The universal periodic review is a cooperative mechanism. Its outcome may include, inter alia:

(a) An assessment undertaken in an objective and transparent manner of the human rights situation in the country under review, including positive developments and the challenges faced by the country;

(b) Sharing of best practices;

(d) The provision of technical assistance and capacity-building in consultation with, and with the consent of, the country concerned;3

(e) Voluntary commitments and pledges made by the country under review.

3. Adoption of the outcome

28. The country under review should be fully involved in the outcome.

29. Before the adoption of the outcome by the plenary of the Council, the State concerned should be offered the opportunity to present replies to questions or issues that were not sufficiently addressed during the interactive dialogue.

3 A decision should be taken by the Council on whether to resort to existing financing

mechanisms or to create a new mechanism.

30. The State concerned and the member States of the Council, as well as observer States, will be given the opportunity to express their views on the outcome of the review before the plenary takes action on it.

31. Other relevant stakeholders will have the opportunity to make general comments before the adoption of the outcome by the plenary.

32. Recommendations that enjoy the support of the State concerned will be identified as such. Other recommendations, together with the comments of the State concerned thereon, will be noted. Both will be included in the outcome report to be adopted by the Council.

F. Follow-up to the review

33. The outcome of the universal periodic review, as a cooperative mechanism, should be implemented primarily by the State concerned and, as appropriate, by other relevant stakeholders.

34. The subsequent review should focus, inter alia, on the implementation of the preceding outcome.

35. The Council should have a standing item on its agenda devoted to the universal periodic review.

36. The international community will assist in implementing the recommendations and conclusions regarding capacity-building and technical assistance, in consultation with, and with the consent of, the country concerned.

37. In considering the outcome of the universal periodic review, the Council will decide if and when any specific follow-up is necessary.

38. After exhausting all efforts to encourage a State to cooperate with the universal periodic review mechanism, the Council will address, as appropriate, cases of persistent non-cooperation with the mechanism.

II. SPECIAL PROCEDURES

A. Selection and appointment of mandate-holders

39. The following general criteria will be of paramount importance while nominating, selecting and appointing mandate-holders: (a) expertise; (b) experience in the field of the mandate; (c) independence; (d) impartiality; (e) personal integrity; and (f) objectivity.

40. Due consideration should be given to gender balance and equitable geographic representation, as well as to an appropriate representation of different legal systems.

41. Technical and objective requirements for eligible candidates for mandate-holders will be approved by the Council at its sixth session (first session of the second cycle), in order to ensure that eligible candidates are highly qualified individuals who possess established competence, relevant expertise and extensive professional experience in the field of human rights.

42. The following entities may nominate candidates as special procedures mandate-holders: (a) Governments; (b) Regional Groups operating within the United Nations human rights system; (c) international organizations or their offices (e.g. the Office of the High Commissioner for Human Rights); (d) non-governmental organizations; (e) other human rights bodies; (f) individual nominations.

43. The Office of the High Commissioner for Human Rights shall immediately prepare, maintain and periodically update a public list of eligible candidates in a standardized format, which shall include personal data, areas of expertise and professional experience. Upcoming vacancies of mandates shall be publicized.

44. The principle of non-accumulation of human rights functions at a time shall be respected.

45. A mandate-holder’s tenure in a given function, whether a thematic or country mandate, will be no longer than six years (two terms of three years for thematic mandate-holders).

46. Individuals holding decision-making positions in Government or in any other organization or entity which may give rise to a conflict of interest with the responsibilities inherent to the mandate shall be excluded. Mandate-holders will act in their personal capacity.

47. A consultative group would be established to propose to the President, at least one month before the beginning of the session in which the Council would consider the selection of mandate-holders, a list of candidates who possess the highest qualifications for the mandates in question and meet the general criteria and particular requirements.

48. The consultative group shall also give due consideration to the exclusion of nominated candidates from the public list of eligible candidates brought to its attention.

49. At the beginning of the annual cycle of the Council, Regional Groups would be invited to appoint a member of the consultative group, who would serve in his/her personal capacity. The Group will be assisted by the Office of the High Commissioner for Human Rights.

50. The consultative group will consider candidates included in the public list; however, under exceptional circumstances and if a particular post justifies it, the Group may consider additional nominations with equal or more suitable qualifications for the post. Recommendations to the President shall be public and substantiated.

51. The consultative group should take into account, as appropriate, the views of stakeholders, including the current or outgoing mandate-holders, in determining the necessary expertise, experience, skills, and other relevant requirements for each mandate.

52. On the basis of the recommendations of the consultative group and following broad consultations, in particular through the regional coordinators, the President of the Council will identify an appropriate candidate for each vacancy. The President will present to member States and observers a list of candidates to be proposed at least two weeks prior to the beginning of the session in which the Council will consider the appointments.

53. If necessary, the President will conduct further consultations to ensure the endorsement of the proposed candidates. The appointment of the special procedures mandate-holders will be completed upon the subsequent approval of the Council. Mandate-holders shall be appointed before the end of the session.

B. Review, rationalization and improvement of mandates

54. The review, rationalization and improvement of mandates, as well as the creation of new ones, must be guided by the principles of universality, impartiality, objectivity and non-selectivity, constructive international dialogue and cooperation, with a view to enhancing the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development.

55. The review, rationalization and improvement of each mandate would take place in the context of the negotiations of the relevant resolutions. An assessment of the mandate may take place in a separate segment of the interactive dialogue between the Council and special procedures mandate-holders.

56. The review, rationalization and improvement of mandates would focus on the relevance, scope and contents of the mandates, having as a framework the internationally recognized human rights standards, the system of special procedures and General Assembly resolution 60/251.

57. Any decision to streamline, merge or possibly discontinue mandates should always be guided by the need for improvement of the enjoyment and protection of human rights.

58. The Council should always strive for improvements:

(a) Mandates should always offer a clear prospect of an increased level of human rights protection and promotion as well as being coherent within the system of human rights;

(b) Equal attention should be paid to all human rights. The balance of thematic mandates should broadly reflect the accepted equal importance of civil, political, economic, social and cultural rights, including the right to development;

(d) Areas which constitute thematic gaps will be identified and addressed, including by means other than the creation of special procedures mandates, such as by expanding an existing mandate, bringing a cross-cutting issue to the attention of mandate-holders or by requesting a joint action to the relevant mandate-holders; (e) Any consideration of merging mandates should have regard to the content and predominant functions of each mandate, as well as to the workload of individual mandate-holders;

(f) In creating or reviewing mandates, efforts should be made to identify whether the structure of the mechanism (expert, rapporteur or working group) is the most effective in terms of increasing human rights protection;

(g) New mandates should be as clear and specific as possible, so as to avoid ambiguity.

59. It should be considered desirable to have a uniform nomenclature of mandate-holders, titles of mandates as well as a selection and appointment process, to make the whole system more understandable.

60. Thematic mandate periods will be of three years. Country mandate periods will be of one year.

61. Mandates included in Appendix I, where applicable, will be renewed until the date on which they are considered by the Council according to the programme of work.4

62. Current mandate-holders may continue serving, provided they have not exceeded the six-year term limit (Appendix II). On an exceptional basis, the term of those mandate-holders who have served more than six years may be extended until the relevant mandate is considered by the Council and the selection and appointment process has concluded.

63. Decisions to create, review or discontinue country mandates should also take into account the principles of cooperation and genuine dialogue aimed at strengthening the capacity of Member States to comply with their human rights obligations.

64. In case of situations of violations of human rights or a lack of cooperation that require the Council’s attention, the principles of objectivity, non-selectivity, and the elimination of double standards and politicization should apply.

4 Country mandates meet the following criteria:

− There is a pending mandate of the Council to be accomplished; or

− There is a pending mandate of the General Assembly to be accomplished; or

− The nature of the mandate is for advisory services and technical assistance.

III. HUMAN RIGHTS COUNCIL ADVISORY COMMITTEE

65. The Human Rights Council Advisory Committee (hereinafter “the Advisory Committee”), composed of 18 experts serving in their personal capacity, will function as a think-tank for the Council and work at its direction. The establishment of this subsidiary body and its functioning will be executed according to the guidelines stipulated below.

A. Nomination

66. All Member States of the United Nations may propose or endorse candidates from their own region. When selecting their candidates, States should consult their national human rights institutions and civil society organizations and, in this regard, include the names of those supporting their candidates.

67. The aim is to ensure that the best possible expertise is made available to the Council. For this purpose, technical and objective requirements for the submission of candidatures will be established and approved by the Council at its sixth session (first session of the second cycle). These should include:

(a) Recognized competence and experience in the field of human rights;

(b) High moral standing;

68. Individuals holding decision-making positions in Government or in any other organization or entity which might give rise to a conflict of interest with the responsibilities inherent in the mandate shall be excluded. Elected members of the Committee will act in their personal capacity.

69. The principle of non-accumulation of human rights functions at the same time shall be respected.

B. Election

70. The Council shall elect the members of the Advisory Committee, in secret ballot, from the list of candidates whose names have been presented in accordance with the agreed requirements.

71. The list of candidates shall be closed two months prior to the election date. The Secretariat will make available the list of candidates and relevant information to member States and to the public at least one month prior to their election.

72. Due consideration should be given to gender balance and appropriate representation of different civilizations and legal systems.

73. The geographic distribution will be as follows:

− African States: 5

− Asian States: 5

− Eastern European States: 2

− Latin American and Caribbean States: 3

− Western European and other States: 3

74. The members of the Advisory Committee shall serve for a period of three years. They shall be eligible for re-election once. In the first term, one third of the experts will serve for one year and another third for two years. The staggering of terms of membership will be defined by the drawing of lots.

C. Functions

75. The function of the Advisory Committee is to provide expertise to the Council in the manner and form requested by the Council, focusing mainly on studies and research-based advice. Further, such expertise shall be rendered only upon the latter’s request, in compliance with its resolutions and under its guidance.

76. The Advisory Committee should be implementation-oriented and the scope of its advice should be limited to thematic issues pertaining to the mandate of the Council; namely promotion and protection of all human rights.

77. The Advisory Committee shall not adopt resolutions or decisions. The Advisory Committee may propose within the scope of the work set out by the Council, for the latter’s consideration and approval, suggestions for further enhancing its procedural efficiency, as well as further research proposals within the scope of the work set out by the Council.

78. The Council shall issue specific guidelines for the Advisory Committee when it requests a substantive contribution from the latter and shall review all or any portion of those guidelines if it deems necessary in the future.

D. Methods of work

79. The Advisory Committee shall convene up to two sessions for a maximum of 10 working days per year. Additional sessions may be scheduled on an ad hoc basis with prior approval of the Council.

80. The Council may request the Advisory Committee to undertake certain tasks that could be performed collectively, through a smaller team or individually. The Advisory Committee will report on such efforts to the Council.

81. Members of the Advisory Committee are encouraged to communicate between sessions, individually or in teams. However, the Advisory Committee shall not establish subsidiary bodies unless the Council authorizes it to do so.

82. In the performance of its mandate, the Advisory Committee is urged to establish interaction with States, national human rights institutions, non-governmental organizations and other civil society entities in accordance with the modalities of the Council.

83. Member States and observers, including States that are not members of the Council, the specialized agencies, other intergovernmental organizations and national human rights institutions, as well as non-governmental organizations shall be entitled to participate in the work of the Advisory Committee based on arrangements, including Economic and Social Council resolution 1996/31 and practices observed by the Commission on Human Rights and the Council, while ensuring the most effective contribution of these entities.

84. The Council will decide at its sixth session (first session of its second cycle) on the most appropriate mechanisms to continue the work of the Working Groups on Indigenous Populations; Contemporary Forms of Slavery; Minorities; and the Social Forum.

IV. COMPLAINT PROCEDURE

A. Objective and scope 85. A complaint procedure is being established to address consistent patterns of gross and reliably attested violations of all human rights and all fundamental freedoms occurring in any part of the world and under any circumstances.

86. Economic and Social Council resolution 1503 (XLVIII) of 27 May 1970 as revised by resolution 2000/3 of 19 June 2000 served as a working basis and was improved where necessary, so as to ensure that the complaint procedure is impartial, objective, efficient, victims-oriented and conducted in a timely manner. The procedure will retain its confidential nature, with a view to enhancing cooperation with the State concerned.

B. Admissibility criteria for communications

87. A communication related to a violation of human rights and fundamental freedoms, for the purpose of this procedure, shall be admissible, provided that:

(a) It is not manifestly politically motivated and its object is consistent with the Charter of the United Nations, the Universal Declaration of Human Rights and other applicable instruments in the field of human rights law;

(b) It gives a factual description of the alleged violations, including the rights which are alleged to be violated;

(c) Its language is not abusive. However, such a communication may be considered if it meets the other criteria for admissibility after deletion of the abusive language;

(d) It is submitted by a person or a group of persons claiming to be the victims of violations of human rights and fundamental freedoms, or by any person or group of persons, including non-governmental organizations, acting in good faith in accordance with the principles of human rights, not resorting to politically motivated stands contrary to the provisions of the Charter of the United Nations and claiming to have direct and reliable knowledge of the violations concerned. Nonetheless, reliably attested communications shall not be inadmissible solely because the knowledge of the individual authors is second-hand, provided that they are accompanied by clear evidence;

(e) It is not exclusively based on reports disseminated by mass media;

(f) It does not refer to a case that appears to reveal a consistent pattern of gross and reliably attested violations of human rights already being dealt with by a special procedure, a treaty body or other United Nations or similar regional complaints procedure in the field of human rights;

(g) Domestic remedies have been exhausted, unless it appears that such remedies would be ineffective or unreasonably prolonged.

88. National human rights institutions, established and operating under the Principles Relating to the Status of National Institutions (the Paris Principles), in particular in regard to quasi-judicial competence, may serve as effective means of addressing individual human rights violations.

C. Working groups

89. Two distinct working groups shall be established with the mandate to examine the communications and to bring to the attention of the Council consistent patterns of gross and reliably attested violations of human rights and fundamental freedoms.

90. Both working groups shall, to the greatest possible extent, work on the basis of consensus. In the absence of consensus, decisions shall be taken by simple majority of the votes. They may establish their own rules of procedure.

1. Working Group on Communications: composition, mandate and powers

91. The Human Rights Council Advisory Committee shall appoint five of its members, one from each Regional Group, with due consideration to gender balance, to constitute the Working Group on Communications.

92. In case of a vacancy, the Advisory Committee shall appoint an independent and highly qualified expert of the same Regional Group from the Advisory Committee.

93. Since there is a need for independent expertise and continuity with regard to the examination and assessment of communications received, the independent and highly qualified experts of the Working Group on Communications shall be appointed for three years. Their mandate is renewable only once.

94. The Chairperson of the Working Group on Communications is requested, together with the secretariat, to undertake an initial screening of communications received, based on the admissibility criteria, before transmitting them to the States concerned. Manifestly ill-founded or anonymous communications shall be screened out by the Chairperson and shall therefore not be transmitted to the State concerned. In a perspective of accountability and transparency, the Chairperson of the Working Group on Communications shall provide all its members with a list of all communications rejected after initial screening. This list should indicate the grounds of all decisions resulting in the rejection of a communication. All other communications, which have not been screened out, shall be transmitted to the State concerned, so as to obtain the views of the latter on the allegations of violations.

95. The members of the Working Group on Communications shall decide on the admissibility of a communication and assess the merits of the allegations of violations, including whether the communication alone or in combination with other communications appear to reveal a consistent pattern of gross and reliably attested violations of human rights and fundamental freedoms. The Working Group on Communications shall provide the Working Group on Situations with a file containing all admissible communications as well as recommendations thereon. When the Working Group on Communications requires further consideration or additional information, it may keep a case under review until its next session and request such information from the State concerned. The Working Group on Communications may decide to dismiss a case. All decisions of the Working Group on Communications shall be based on a rigorous application of the admissibility criteria and duly justified.

2. Working Group on Situations: composition, mandate and powers

96. Each Regional Group shall appoint a representative of a member State of the Council, with due consideration to gender balance, to serve on the Working Group on Situations. Members shall be appointed for one year. Their mandate may be renewed once, if the State concerned is a member of the Council.

97. Members of the Working Group on Situations shall serve in their personal capacity. In order to fill a vacancy, the respective Regional Group to which the vacancy belongs, shall appoint a representative from member States of the same Regional Group.

98. The Working Group on Situations is requested, on the basis of the information and recommendations provided by the Working Group on Communications, to present the Council with a report on consistent patterns of gross and reliably attested violations of

human rights and fundamental freedoms and to make recommendations to the Council on the course of action to take, normally in the form of a draft resolution or decision with respect to the situations referred to it. When the Working Group on Situations requires further consideration or additional information, its members may keep a case under review until its next session. The Working Group on Situations may also decide to dismiss a case.

99. All decisions of the Working Group on Situations shall be duly justified and indicate why the consideration of a situation has been discontinued or action recommended thereon. Decisions to discontinue should be taken by consensus; if that is not possible, by simple majority of the votes.

D. Working modalities and confidentiality

100. Since the complaint procedure is to be, inter alia, victims-oriented and conducted in a confidential and timely manner, both Working Groups shall meet at least twice a year for five working days each session, in order to promptly examine the communications received, including replies of States thereon, and the situations of which the Council is already seized under the complaint procedure.

101. The State concerned shall cooperate with the complaint procedure and make every effort to provide substantive replies in one of the United Nations official languages to any of the requests of the Working Groups or the Council. The State concerned shall also make every effort to provide a reply not later than three months after the request has been made. If necessary, this deadline may however be extended at the request of the State concerned.

102. The Secretariat is requested to make the confidential files available to all members of the Council, at least two weeks in advance, so as to allow sufficient time for the consideration of the files.

103. The Council shall consider consistent patterns of gross and reliably attested violations of human rights and fundamental freedoms brought to its attention by the Working Group on Situations as frequently as needed, but at least once a year.

104. The reports of the Working Group on Situations referred to the Council shall be examined in a confidential manner, unless the Council decides otherwise. When the Working Group on Situations recommends to the Council that it consider a situation in a public meeting, in particular in the case of manifest and unequivocal lack of cooperation, the Council shall consider such recommendation on a priority basis at its next session.

105. So as to ensure that the complaint procedure is victims-oriented, efficient and conducted in a timely manner, the period of time between the transmission of the complaint to the State concerned and consideration by the Council shall not, in principle, exceed 24 months.

E. Involvement of the complainant and of the State concerned

106. The complaint procedure shall ensure that both the author of a communication and the State concerned are informed of the proceedings at the following key stages:

(a) When a communication is deemed inadmissible by the Working Group on Communications or when it is taken up for consideration by the Working Group on Situations; or when a communication is kept pending by one of the Working Groups or by the Council;

(b) At the final outcome.

107. In addition, the complainant shall be informed when his/her communication is registered by the complaint procedure.

108. Should the complainant request that his/her identity be kept confidential, it will not be transmitted to the State concerned.

F. Measures

109. In accordance with established practice the action taken in respect of a particular situation should be one of the following options:

(a) To discontinue considering the situation when further consideration or action is not warranted;

(b) To keep the situation under review and request the State concerned to provide further information within a reasonable period of time;

(c) To keep the situation under review and appoint an independent and highly qualified expert to monitor the situation and report back to the Council;

(d) To discontinue reviewing the matter under the confidential complaint procedure in order to take up public consideration of the same;

(e) To recommend to OHCHR to provide technical cooperation, capacity-building assistance or advisory services to the State concerned.

V. AGENDA AND FRAMEWORK FOR THE PROGRAMME OF WORK

A. Principles

− Universality

− Impartiality

− Objectivity

− Non-selectiveness

− Constructive dialogue and cooperation

− Predictability

− Flexibility

− Transparency

− Accountability

− Balance

− Inclusive/comprehensive

− Gender perspective

− Implementation and follow-up of decisions

B. Agenda

Item 1. Organizational and procedural matters

Item 2. Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General

Item 3. Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

Item 4. Human rights situations that require the Council’s attention

Item 5. Human rights bodies and mechanisms

Item 6. Universal Periodic Review

Item 7. Human rights situation in Palestine and other occupied Arab territories

Item 8. Follow-up and implementation of the Vienna Declaration and Programme of Action

Item 9. Racism, racial discrimination, xenophobia and related forms of intolerance, follow-up and implementation of the Durban Declaration and Programme of Action

Item 10. Technical assistance and capacity-building

C. Framework for the programme of work

Item 1. Organizational and procedural matters

− Election of the Bureau

− Adoption of the annual programme of work

− Adoption of the programme of work of the session, including other business

− Selection and appointment of mandate-holders

− Election of members of the Human Rights Council Advisory Committee

− Adoption of the report of the session

− Adoption of the annual report

Item 2. Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General

− Presentation of the annual report and updates

Item 3. Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

− Economic, social and cultural rights

− Civil and political rights

− Rights of peoples, and specific groups and individuals

− Right to development

− Interrelation of human rights and human rights thematic issues

Item 4. Human rights situations that require the Council’s attention

Item 5. Human rights bodies and mechanisms

− Report of the Human Rights Council Advisory Committee

− Report of the complaint procedure

Item 6. Universal Periodic Review

Item 7. Human rights situation in Palestine and other occupied Arab territories

− Human rights violations and implications of the Israeli occupation of Palestine and other occupied Arab territories

− Right to self-determination of the Palestinian people

Item 8. Follow-up and implementation of the Vienna Declaration and Programme of Action

Item 9. Racism, racial discrimination, xenophobia and related forms of intolerance, follow-up and implementation of the Durban Declaration and Programme of Action

Item 10. Technical assistance and capacity-building

VI. METHODS OF WORK

110. The methods of work, pursuant to General Assembly resolution 60/251 should be transparent, impartial, equitable, fair, pragmatic; lead to clarity, predictability, and inclusiveness. They may also be updated and adjusted over time.

A. Institutional arrangements

1. Briefings on prospective resolutions or decisions

111. The briefings on prospective resolutions or decisions would be informative only, whereby delegations would be apprised of resolutions and/or decisions tabled or intended to be tabled. These briefings will be organized by interested delegations.

2. President’s open-ended information meetings on resolutions, decisions and other related business

112. The President’s open-ended information meetings on resolutions, decisions and other related business shall provide information on the status of negotiations on draft resolutions and/or decisions so that delegations may gain a bird’s eye view of the status of such drafts. The consultations shall have a purely informational function, combined with information on the extranet, and be held in a transparent and inclusive manner. They shall not serve as a negotiating forum.

3. Informal consultations on proposals convened by main sponsors

113. Informal consultations shall be the primary means for the negotiation of draft resolutions and/or decisions, and their convening shall be the responsibility of the sponsor(s). At least one informal open-ended consultation should be held on each

draft resolution and/or decision before it is considered for action by the Council. Consultations should, as much as possible, be scheduled in a timely, transparent and inclusive manner that takes into account the constraints faced by delegations, particularly smaller ones.

4. Role of the Bureau

114. The Bureau shall deal with procedural and organizational matters. The Bureau shall regularly communicate the contents of its meetings through a timely summary report.

5. Other work formats may include panel debates, seminars and round tables

115. Utilization of these other work formats, including topics and modalities, would be decided by the Council on a case-by-case basis. They may serve as tools of the Council for enhancing dialogue and mutual understanding on certain issues. They should be utilized in the context of the Council’s agenda and annual programme of work, and reinforce and/or complement its intergovernmental nature. They shall not be used to substitute or replace existing human rights mechanisms and established methods of work.

6. High-Level Segment

116. The High-Level Segment shall be held once a year during the main session of the Council. It shall be followed by a general segment wherein delegations that did not participate in the High-Level Segment may deliver general statements.

B. Working culture

117. There is a need for:

(a) Early notification of proposals;

(b) Early submission of draft resolutions and decisions, preferably by the end of the penultimate week of a session;

(c) Early distribution of all reports, particularly those of special procedures, to be transmitted to delegations in a timely fashion, at least 15 days in advance of their consideration by the Council, and in all official United Nations languages;

(d) Proposers of a country resolution to have the responsibility to secure the broadest possible support for their initiatives (preferably 15 members), before action is taken;

(e) Restraint in resorting to resolutions, in order to avoid proliferation of resolutions without prejudice to the right of States to decide on the periodicity of presenting their draft proposals by:

(i) Minimizing unnecessary duplication of initiatives with the General Assembly/Third Committee;

(ii) Clustering of agenda items;

(iii) Staggering the tabling of decisions and/or resolutions and consideration of action on agenda items/issues.

C. Outcomes other than resolutions and decisions

118. These may include recommendations, conclusions, summaries of discussions and President’s Statement. As such outcomes would have different legal implications, they should supplement and not replace resolutions and decisions.

D. Special sessions of the Council

119. The following provisions shall complement the general framework provided by General Assembly resolution 60/251 and the rules of procedure of the Human Rights Council.

120. The rules of procedure of special sessions shall be in accordance with the rules of procedure applicable for regular sessions of the Council.

121. The request for the holding of a special session, in accordance with the requirement established in paragraph 10 of General Assembly resolution 60/251, shall be submitted to the President and to the secretariat of the Council. The request shall specify the item proposed for consideration and include any other relevant information the sponsors may wish to provide.

122. The special session shall be convened as soon as possible after the formal request is communicated, but, in principle, not earlier than two working days, and not later than five working days after the formal receipt of the request. The duration of the special session shall not exceed three days (six working sessions), unless the Council decides otherwise.

123. The secretariat of the Council shall immediately communicate the request for the holding of a special session and any additional information provided by the sponsors in the request, as well as the date for the convening of the special session, to all United Nations Member States and make the information available to the specialized agencies, other intergovernmental organizations and national human rights institutions, as well as to non-governmental organizations in consultative status by the most expedient and

expeditious means of communication. Special session documentation, in particular draft resolutions and decisions, should be made available in all official United Nations languages to all States in an equitable, timely and transparent manner.

124. The President of the Council should hold open-ended informative consultations before the special session on its conduct and organization. In this regard, the secretariat may also be requested to provide additional information, including, on the methods of work of previous special sessions.

125. Members of the Council, concerned States, observer States, specialized agencies, other intergovernmental organizations and national human rights institutions, as well as non-governmental organizations in consultative status may contribute to the special session in accordance with the rules of procedure of the Council.

126. If the requesting or other States intend to present draft resolutions or decisions at the special session, texts should be made available in accordance with the Council’s relevant rules of procedure. Nevertheless, sponsors are urged to present such texts as early as possible.

127. The sponsors of a draft resolution or decision should hold open-ended consultations on the text of their draft resolution(s) or decision(s) with a view to achieving the widest participation in their consideration and, if possible, achieving consensus on them.

128. A special session should allow participatory debate, be results-oriented and geared to achieving practical outcomes, the implementation of which can be monitored and reported on at the following regular session of the Council for possible follow-up decision.

VII. RULES OF PROCEDURE5

SESSIONS

Rules of procedure Rule 1

The Human Rights Council shall apply the rules of procedure established for the Main Committees of the General Assembly, as applicable, unless subsequently otherwise decided by the Assembly or the Council.

5 Figures indicated in square brackets refer to identical or corresponding rules of the

General Assembly or its Main Committees (A/520/Rev.16).

REGULAR SESSIONS

Number of sessions Rule 2

The Human Rights Council shall meet regularly throughout the year and schedule no fewer than three sessions per Council year, including a main session, for a total duration of no less than 10 weeks.

Assumption of membership Rule 3

Newly-elected member States of the Human Rights Council shall assume their membership on the first day of the Council year, replacing member States that have concluded their respective membership terms.

Place of meeting Rule 4

The Human Rights Council shall be based in Geneva.

SPECIAL SESSIONS

Convening of special sessions Rule 5

The rules of procedure of special sessions of the Human Rights Council will be the same as the rules of procedure applicable for regular sessions of the Human Rights Council.

Rule 6

The Human Rights Council shall hold special sessions, when needed, at the request of a member of the Council with the support of one third of the membership of the Council.

PARTICIPATION OF AND CONSULTATION WITH OBSERVERS OF THE COUNCIL

Rule 7

(a) The Council shall apply the rules of procedure established for committees of the General Assembly, as applicable, unless subsequently otherwise decided by the Assembly or the Council, and the participation of and consultation with observers, including States that are not members of the Council, the specialized agencies, other

intergovernmental organizations and national human rights institutions, as well as non-governmental organizations, shall be based on arrangements, including Economic and Social Council resolution 1996/31 of 25 July 1996, and practices observed by the Commission on Human Rights, while ensuring the most effective contribution of these entities.

(b) Participation of national human rights institutions shall be based on arrangements and practices agreed upon by the Commission on Human Rights, including resolution 2005/74 of 20 April 2005, while ensuring the most effective contribution of these entities.

ORGANIZATION OF WORK AND AGENDA FOR REGULAR SESSIONS

Organizational meetings

Rule 8

(a) At the beginning of each Council year, the Council shall hold an organizational meeting to elect its Bureau and to consider and adopt the agenda, programme of work, and calendar of regular sessions for the Council year indicating, if possible, a target date for the conclusion of its work, the approximate dates of consideration of items and the number of meetings to be allocated to each item.

(b) The President of the Council shall also convene organizational meetings two weeks before the beginning of each session and, if necessary, during the Council sessions to discuss organizational and procedural issues pertinent to that session.

PRESIDENT AND VICE-PRESIDENTS

Elections

Rule 9

(a) At the beginning of each Council year, at its organizational meeting, the Council shall elect, from among the representatives of its members, a President and four Vice-Presidents. The President and the Vice-Presidents shall constitute the Bureau. One of the Vice-Presidents shall serve as Rapporteur.

(b) In the election of the President of the Council, regard shall be had for the equitable geographical rotation of this office among the following Regional Groups: African States, Asian States, Eastern European States, Latin American and Caribbean States, and Western European and other States. The four Vice-Presidents of the Council shall be elected on the basis of equitable geographical distribution from the Regional Groups other than the one to which the President belongs. The selection of the Rapporteur shall be based on geographic rotation.

Bureau

Rule 10

The Bureau shall deal with procedural and organizational matters.

Term of office Rule 11

The President and the Vice-Presidents shall, subject to rule 13, hold office for a period of one year. They shall not be eligible for immediate re-election to the same post.

Absence of officers Rule 12 [105]

If the President finds it necessary to be absent during a meeting or any part thereof, he/she shall designate one of the Vice-Presidents to take his/her place. A Vice-President acting as President shall have the same powers and duties as the President. If the President ceases to hold office pursuant to rule 13, the remaining members of the Bureau shall designate one of the Vice-Presidents to take his/her place until the election of a new President.

Replacement of the President or a Vice-President Rule 13

If the President or any Vice-President ceases to be able to carry out his/her functions or ceases to be a representative of a member of the Council, or if the Member of the United Nations of which he/she is a representative ceases to be a member of the Council, he/she shall cease to hold such office and a new President or Vice-President shall be elected for the unexpired term.

SECRETARIAT

Duties of the secretariat Rule 14 [47]

The Office of the United Nations High Commissioner for Human Rights shall act as secretariat for the Council. In this regard, it shall receive, translate, print and circulate in all official United Nations languages, documents, reports and resolutions of the Council, its committees and its organs; interpret speeches made at the meetings; prepare, print and circulate the records of the session; have the custody and proper preservation of the documents in the archives of the Council; distribute all documents of the Council to the members of the Council and observers and, generally, perform all other support functions which the Council may require.

RECORDS AND REPORT

Report to the General Assembly

Rule 15

The Council shall submit an annual report to the General Assembly.

PUBLIC AND PRIVATE MEETINGS OF THE HUMAN RIGHTS COUNCIL

General principles

Rule 16 [60]

The meetings of the Council shall be held in public unless the Council decides that exceptional circumstances require the meeting be held in private.

Private meetings

Rule 17 [61]

All decisions of the Council taken at a private meeting shall be announced at an early public meeting of the Council.

CONDUCT OF BUSINESS

Working groups and other arrangements

Rule 18

The Council may set up working groups and other arrangements. Participation in these bodies shall be decided upon by the members, based on rule 7. The rules of procedure of these bodies shall follow those of the Council, as applicable, unless decided otherwise by the Council.

Quorum

Rule 19 [67]

The President may declare a meeting open and permit the debate to proceed when at least one third of the members of the Council are present. The presence of a majority of the members shall be required for any decision to be taken.

Majority required

Rule 20 [125]

Decisions of the Council shall be made by a simple majority of the members present and voting, subject to rule 19.

Appendix I

RENEWED MANDATES UNTIL THEY COULD BE CONSIDERED BY THE HUMAN RIGHTS COUNCIL ACCORDING TO ITS ANNUAL PROGRAMME OF WORK

Independent expert appointed by the Secretary-General on the situation of human rights in Haiti

Independent expert appointed by the Secretary-General on the situation of human rights in Somalia

Independent expert on the situation of human rights in Burundi

Independent expert on technical cooperation and advisory services in Liberia

Independent expert on the situation of human rights in the Democratic Republic of the Congo

Independent expert on human rights and international solidarity

Independent expert on minority issues

Independent expert on the effects of economic reform policies and foreign debt on the full enjoyment of all human rights, particularly economic, social and cultural rights Independent expert on the question of human rights and extreme poverty

Special Rapporteur on the situation of human rights in the Sudan

Special Rapporteur on the situation of human rights in Myanmar

Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea

Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 (The duration of this mandate has been established until the end of the occupation.)

Special Rapporteur on adequate housing as a component of the right to an adequate standard of living

Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance

Special Rapporteur on extrajudicial, summary or arbitrary executions Special Rapporteur on freedom of religion or belief

Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights.

Special Rapporteur on the human rights aspects of the victims of trafficking in persons, especially women and children

Special Rapporteur on the human rights of migrants

Special Rapporteur on the independence of judges and lawyers Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism

Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression

Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health

Special Rapporteur on the right to education

Special Rapporteur on the right to food

Special Rapporteur on the sale of children, child prostitution and child pornography

Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people

Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment

Special Rapporteur on violence against women, its causes and consequences

Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises

Special Representative of the Secretary-General for human rights in Cambodia

Special Representative of the Secretary-General on the situation of human rights defenders

Representative of the Secretary-General on human rights of internally displaced persons

Working Group of Experts on People of African Descent

Working Group on Arbitrary Detention

Working Group on Enforced or Involuntary Disappearances

Working Group on the question of the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination

Appendix II

TERMS IN OFFICE OF MANDATE-HOLDERS

Mandate-holder Mandate Terms in office

Charlotte Abaka Independent Expert on the situation of human rights in Liberia

July 2006 (first term)

Yakin Ertürk Special Rapporteur on violence against women, its causes and consequences

July 2006 (first term)

Manuela Carmena Castrillo Working Group on Arbitrary Detention July 2006 (first term)

Joel Adebayo Adekanye Working Group on Enforced or Involuntary Disappearances

July 2006 (second term)

Saeed Rajaee Khorasani Working Group on Enforced or Involuntary Disappearances

July 2006 (first term)

Joe Frans Working Group on people of African descent

July 2006 (first term)

Leandro Despouy Special Rapporteur on the independence of judges and lawyers

August 2006 (first term)

Hina Jilani Special Representative of the Secretary-General on the situation of human rights defenders

August 2006 (second term)

Soledad Villagra de Biedermann Working Group on Arbitrary Detention August 2006 (second term)

Miloon Kothari Special Rapporteur on adequate housing as a component of the right to an adequate standard of living

September 2006 (second term)

Jean Ziegler Special Rapporteur on the right to food

September 2006 (second term)

Paulo Sérgio Pinheiro Special Rapporteur on the situation of human rights in Myanmar

December 2006 (second term)

Darko Göttlicher Working Group on Enforced or Involuntary Disappearances

January 2007 (first term)

Mandate-holder Mandate Terms in office

Tamás Bán Working Group on Arbitrary Detention April 2007 (second term)

Ghanim Alnajjar Independent Expert appointed by the Secretary-General on the situation of human rights in Somalia

May 2007 (second term)

John Dugard Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967

June 2007 (second term)

Rodolfo Stavenhagen Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people

June 2007 (second term)

Arjun Sengupta Independent Expert on the question of human rights and extreme poverty

July 2007 (first term)

Akich Okola Independent Expert on the situation of human rights in Burundi

July 2007 (first term)

Titinga Frédéric Pacéré Independent Expert on the situation of human rights in the Democratic Republic of the Congo

July 2007 (first term)

Philip Alston Special Rapporteur on extrajudicial, summary or arbitrary executions

July 2007 (first term)

Asma Jahangir Special Rapporteur on freedom of religion or belief

July 2007 (first term)

Okechukwu Ibeanu Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights

July 2007 (first term)

Vernor Muñoz Villalobos Special Rapporteur on the right to education

July 2007 (first term)

Juan Miguel Petit Special Rapporteur on the sale of children, child prostitution and child pornography

July 2007 (second term)

Mandate-holder Mandate Terms in office

Vitit Muntarbhorn Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea

July 2007 (first term)

Leila Zerrougui Working Group on Arbitrary Detention August 2007 (second term)

Santiago Corcuera Cabezut Working Group on Enforced or Involuntary Disappearances

August 2007 (first term)

Walter Kälin Representative of the Secretary-General on the human rights of internally displaced persons

September 2007 (first term)

Sigma Huda Special Rapporteur on trafficking in persons, especially in women and children

October 2007 (first term)

Bernards Andrew Nyamwaya Mudho

Independent expert on the effects of economic reform policies and foreign debt on the full enjoyment of human rights, particularly economic, social and cultural rights

November 2007 (second term)

Manfred Nowak Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment

November 2007 (first term)

Louis Joinet Independent Expert appointed by the Secretary-General on the situation of human rights in Haiti

February 2008 (second term)

Rudi Muhammad Rizki Independent Expert on human rights and international solidarity

July 2008 (first term)

Gay McDougall Independent Expert on minority issues July 2008 (first term)

Doudou Diène Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance

July 2008 (second term)

Jorge A. Bustamante Special Rapporteur on the human rights of migrants

July 2008 (first term)

Mandate-holder Mandate Terms in office

Martin Scheinin Special Rapporteur on the promotion and protection of human rights while countering terrorism

July 2008 (first term)

Sima Samar Special Rapporteur on the situation of human rights in the Sudan

July 2008 (first term)

John Ruggie Special Representative of the Secretary-General on human rights and transnational corporations and other business enterprises

July 2008 (first term)

Seyyed Mohammad Hashemi Working Group on Arbitrary Detention July 2008 (second term)

Najat Al-Hajjaji Working Group on the use of mercenaries as a means of impeding the exercise of the right of peoples to self-determination

July 2008 (first term)

Amada Benavides de Pérez Working Group on the use of mercenaries as a means of impeding the exercise of the right of peoples to self-determination

July 2008 (first term)

Alexander Ivanovich Nikitin Working Group on the use of mercenaries as a means of impeding the exercise of the right of peoples to self-determination

July 2008 (first term)

Shaista Shameem Working Group on the use of mercenaries as a means of impeding the exercise of the right of peoples to self-determination

July 2007 (first term)

Ambeyi Ligabo Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression

August 2008 (second term)

Paul Hunt Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health

August 2008 (second term)

Peter Lesa Kasanda Working Group on people of African descent

August 2008 (second term)

Mandate-holder Mandate Terms in office

Stephen J. Toope Working Group on Enforced or Involuntary Disappearances

September 2008 (second term)

George N. Jabbour Working Group on people of African descent

September 2008 (second term)

Irina Zlatescu Working Group on people of African descent

October 2008 (second term)

José Gómez del Prado Working Group on the use of mercenaries as a means of impeding the exercise of the right of peoples to self-determination

October 2008 (first term)

Yash Ghai Special Representative of the Secretary-General for human rights in Cambodia

November 2008 (first term)

9th meeting 18 June 2007

[Adopted without a vote. See chap. III.]

5/2. Code of Conduct for Special Procedures Mandate-holders of the Human Rights Council

The Human Rights Council,

Guided by the aims and principles of the Charter of the United Nations and the Universal Declaration of Human Rights and recognizing the ensuing obligations inter alia of States to cooperate in promoting universal respect for human rights as enshrined therein,

Recalling the Vienna Declaration and Programme of Action adopted on 25 June 1993 by the World Conference on Human Rights,

Recalling also that in resolution 60/251 of 15 March 2006, entitled “Human Rights Council”, the General Assembly:

(a) Reaffirmed that all human rights are universal, indivisible, interrelated, interdependent and mutually reinforcing and that all human rights must be treated in a fair and equal manner on the same footing and with the same emphasis;

(b) Acknowledged that peace and security, development and human rights are the pillars of the United Nations system and that they are interlinked and mutually reinforcing;

(c) Decided that members elected to the Council shall uphold the highest standards in the promotion and protection of human rights and shall fully cooperate with the Council;

(d) Stressed the importance of “ensuring universality, objectivity and non-selectivity in the consideration of human rights issues, and the elimination of double standards and politicization”;

(e) Further recognized that the promotion and protection of human rights “should be based on the principles of cooperation and genuine dialogue and aimed at strengthening the capacity of Member States to comply with their human rights obligations for the benefit of all human beings”;

(f) Decided that “the work of the Council shall be guided by the principles of universality, impartiality, objectivity, and non-selectivity, constructive international dialogue and cooperation, with a view to enhancing the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development”;

(g) Also decided that “the methods of work of the Council shall be transparent, fair and impartial and shall enable genuine dialogue, be results-oriented, allow for subsequent follow-up discussions to recommendations and their implementation and also allow for substantive interaction with special procedures and mechanisms”;

Underlining the centrality of the notions of impartiality and objectivity, as well as the expertise of mandate-holders, within the context of special procedures, along with the need to give the required degree of attention to all human rights violations, wherever they may be taking place,

Bearing in mind that the efficiency of the system of special procedures should be reinforced through the consolidation of the status of mandate-holders and the adoption of principles and regulations taking the specificities of their mandate into consideration,

Considering that it is necessary to assist all stakeholders, including States, national human rights institutions, non-governmental organizations and individuals, to better understand and support the activities of mandate-holders,

Recalling articles 100, 104, 105 of the Charter of the United Nations, section 22 of article VI of the Convention on the Privileges and Immunities of the United Nations of 13 February 1946 and paragraph 6 of General Assembly resolution 60/251,

Noting decision 1/102 of 30 June 2006, in which the Council decided to extend exceptionally for one year the mandates and mandate-holders of the special procedures of the Commission on Human Rights, of the Sub-Commission for the Promotion and Protection of Human Rights as well as the procedure established pursuant to Economic and Social Council resolution 1503 (XLVIII) of 27 May 1970,

Noting also decision 1/104 of 30 June 2006, in which the Council established the Open-ended Intergovernmental Working Group entrusted with the task of formulating

recommendations on the issue of the review and possibly the enhancement and rationalization of all mandates, mechanisms, functions and responsibilities of the Commission on Human Rights, in order to maintain a regime of special procedures in accordance with paragraph 6 of General Assembly resolution 60/251,

Noting further resolution 2/1 of 27 November 2006, in which the Council requested the Open-ended Intergovernmental Working Group to “draft a code of conduct regulating the work of the special procedures”,

Considering that this code of conduct is an integral part of the review, improvement and rationalization called for in General Assembly resolution 60/251 that, inter alia, seeks to enhance the cooperation between Governments and mandate-holders which is essential for the effective functioning of the system,

Considering also that such a code of conduct will strengthen the capacity of mandate-holders to exercise their functions whilst enhancing their moral authority and credibility and will require supportive action by other stakeholders, and in particular by States,

Considering further that one should distinguish between, on the one hand, the independence of mandate-holders, which is absolute in nature, and, on the other hand, their prerogatives, as circumscribed by their mandate, the mandate of the Human Rights Council, and the provisions of the Charter of the United Nations,

Mindful of the fact that it is desirable to spell out, complete and increase the visibility of the rules and principles governing the behaviour of mandate-holders,

Noting the Regulations Governing the Status, Basic Rights and Duties of Officials other than Secretariat Officials, and Experts on Mission that was adopted by the General Assembly in resolution 56/280 of 27 March 2002,

Noting also the draft Manual of the United Nations Human Rights Special Procedures adopted in 1999 by the sixth annual meeting of mandate-holders, as revised,

Taking note of the deliberations and proposals of the Open-ended Intergovernmental Working Group on Review of Mandates,

1. Urges all States to cooperate with, and assist, the special procedures in the performance of their tasks and to provide all information in a timely manner, as well as respond to communications transmitted to them by the special procedures without undue delay;

2. Adopts the Code of Conduct for Special Procedures Mandate-Holders of the Human Rights Council, the text of which is annexed to the present resolution and whose provisions should be disseminated by the Office of the United Nations High Commissioner for Human Rights, to the mandate-holders, to the Member States of the United Nations and to other concerned parties.

Annex

DRAFT CODE OF CONDUCT FOR SPECIAL PROCEDURES MANDATE-HOLDERS OF THE HUMAN RIGHTS COUNCIL

Article 1 - Purpose of the Code of Conduct

The purpose of the present Code of Conduct is to enhance the effectiveness of the system of special procedures by defining the standards of ethical behaviour and professional conduct that special procedures mandate-holders of the Human Rights Council (hereinafter referred to as “mandate-holders”) shall observe whilst discharging their mandates.

Article 2 - Status of the Code of Conduct

1. The provisions of the present Code complement those of the Regulations Governing the Status, Basic Rights and Duties of Officials other than Secretariat Officials, and Experts on Mission (ST/SGB/2002/9) (hereinafter referred to as “the Regulations”);

2. The provisions of the draft manual of United Nations Human Rights Special Procedures should be in consonance with those of the present Code;

3. Mandate-holders shall be provided by the United Nations High Commissioner for Human Rights, along with the documentation pertaining to their mission, with a copy of the present Code of which they must acknowledge receipt.

Article 3 - General principles of conduct

Mandate-holders are independent United Nations experts. While discharging their mandate, they shall:

(a) Act in an independent capacity, and exercise their functions in accordance with their mandate, through a professional, impartial assessment of facts based on internationally recognized human rights standards, and free from any kind of extraneous influence, incitement, pressure, threat or interference, either direct or indirect, on the part of any party, whether stakeholder or not, for any reason whatsoever, the notion of independence being linked to the status of mandate-holders, and to their freedom to assess the human rights questions that they are called upon to examine under their mandate;

(b) Keep in mind the mandate of the Council which is responsible for promoting universal respect for the protection of all human rights and fundamental freedoms for all, through dialogue and cooperation as specified in General Assembly resolution 60/251 of 15 March 2006;

(c) Exercise their functions in accordance with their mandate and in compliance with the Regulations, as well as with the present Code;

(d) Focus exclusively on the implementation of their mandate, constantly keeping in mind the fundamental obligations of truthfulness, loyalty and independence pertaining to their mandate;

(e) Uphold the highest standards of efficiency, competence and integrity, meaning, in particular, though not exclusively, probity, impartiality, equity, honesty and good faith;

(f) Neither seek nor accept instructions from any Government, individual, governmental or non-governmental organization or pressure group whatsoever;

(g) Adopt a conduct that is consistent with their status at all times;

(h) Be aware of the importance of their duties and responsibilities, taking the particular nature of their mandate into consideration and behaving in such a way as to maintain and reinforce the trust they enjoy of all stakeholders; (i) Refrain from using their office or knowledge gained from their functions for private gain, financial or otherwise, or for the gain and/or detriment of any family member, close associate, or third party;

(j) Not accept any honour, decoration, favour, gift or remuneration from any governmental or non-governmental source for activities carried out in pursuit of his/her mandate.

Article 4 - Status of mandate-holders

1. Mandate-holders exercise their functions on a personal basis, their responsibilities not being national but exclusively international.

2. When exercising their functions, the mandate-holders are entitled to privileges and immunities as provided for under relevant international instruments, including section 22 of article VI of the Convention on the Privileges and Immunities of the United Nations.

3. Without prejudice to these privileges and immunities, the mandate-holders shall carry out their mandate while fully respecting the national legislation and regulations of the country wherein they are exercising their mission. Where an issue arises in this regard, mandate-holders shall adhere strictly to the provisions of Regulation 1 (e) of the Regulations.

Article 5 - Solemn declaration

Prior to assuming their functions, mandate-holders shall make the following solemn declaration in writing:

“I solemnly declare that I shall perform my duties and exercise my functions from a completely impartial, loyal and conscientious standpoint, and truthfully, and that I shall discharge these functions and regulate my conduct in a manner totally in keeping with the terms of my mandate, the Charter of the United Nations, the

interests of the United Nations, and with the objective of promoting and protecting human rights, without seeking or accepting any instruction from any other party whatsoever.”

Article 6 - Prerogatives

Without prejudice to prerogatives for which provision is made as part of their mandate, the mandate-holders shall:

(a) Always seek to establish the facts, based on objective, reliable information emanating from relevant credible sources, that they have duly cross-checked to the best extent possible;

(b) Take into account in a comprehensive and timely manner, in particular information provided by the State concerned on situations relevant to their mandate;

(c) Evaluate all information in the light of internationally recognized human rights standards relevant to their mandate, and of international conventions to which the State concerned is a party;

(d) Be entitled to bring to the attention of the Council any suggestion likely to enhance the capacity of special procedures to fulfil their mandate.

Article 7 - Observance of the terms of the mandate

It is incumbent on the mandate-holders to exercise their functions in strict observance of their mandate and in particular to ensure that their recommendations do not exceed their mandate or the mandate of the Council itself.

Article 8 - Sources of information

In their information-gathering activities the mandate-holders shall:

(a) Be guided by the principles of discretion, transparency, impartiality, and even-handedness;

(b) Preserve the confidentiality of sources of testimonies if their divulgation could cause harm to individuals involved;

(c) Rely on objective and dependable facts based on evidentiary standards that are appropriate to the non-judicial character of the reports and conclusions they are called upon to draw up;

(d) Give representatives of the concerned State the opportunity of commenting on mandate-holders’ assessment and of responding to the allegations made against this State, and annex the State’s written summary responses to their reports.

Article 9 - Letters of allegation

With a view to achieving effectiveness and harmonization in the handling of letters of allegation by special procedures, mandate-holders shall assess their conformity with reference to the following criteria:

(a) The communication should not be manifestly unfounded or politically motivated;

(b) The communication should contain a factual description of the alleged violations of human rights;

(d) The communication should be submitted by a person or a group of persons claiming to be victim of violations or by any person or group of persons, including non-governmental organizations, acting in good faith in accordance with principles of human rights, and free from politically motivated stands or contrary to, the provisions of the Charter of the United Nations, and claiming to have direct or reliable knowledge of those violations substantiated by clear information;

(e) The communication should not be exclusively based on reports disseminated by mass media.

Article 10 - Urgent appeals

Mandate-holders may resort to urgent appeals in cases where the alleged violations are time-sensitive in terms of involving loss of life, life-threatening situations or either imminent or ongoing damage of a very grave nature to victims that cannot be addressed in a timely manner by the procedure under article 9 of the present Code.

Article 11 - Field visits

Mandate-holders shall:

(a) Ensure that their visit is conducted in compliance with the terms of reference of their mandate;

(b) Ensure that their visit is conducted with the consent, or at the invitation, of the State concerned;

(c) Prepare their visit in close collaboration with the Permanent Mission of the concerned State accredited to the United Nations Office at Geneva except if another authority is designated for this purpose by the concerned State;

(d) Finalize the official programme of their visits directly with the host country officials with administrative and logistical back-up from the local United Nations Agency and/or Representative of the High Commissioner for Human Rights who may also assist in arranging private meetings;

(e) Seek to establish a dialogue with the relevant government authorities and with all other stakeholders, the promotion of dialogue and cooperation to ensure the full effectiveness of special procedures being a shared obligation of the mandate-holders, the concerned State and the said stakeholders;

(f) Have access upon their own request, in consultation with the Office of the High Commissioner for Human Rights and after a common understanding between the host Government and the mandate-holder, to official security protection during their visit, without prejudice to the privacy and confidentiality that mandate-holders require to fulfil their mandate.

Article 12 - Private opinions and the public nature of the mandate

Mandate-holders shall:

(a) Bear in mind the need to ensure that their personal political opinions are without prejudice to the execution of their mission, and base their conclusions and recommendations on objective assessments of human rights situations; (b) In implementing their mandate, therefore, show restraint, moderation and discretion so as not to undermine the recognition of the independent nature of their mandate or the environment necessary to properly discharge the said mandate.

Article 13 - Recommendations and conclusions

Mandate-holders shall:

(a) While expressing their considered views, particularly in their public statements concerning allegations of human rights violations, also indicate fairly what responses were given by the concerned State;

(b) While reporting on a concerned State, ensure that their declarations on the human rights situation in the country are at all times compatible with their mandate and the integrity, independence and impartiality which their status requires, and which is likely to promote a constructive dialogue among stakeholders, as well as cooperation for the promotion and protection of human rights;

(c) Ensure that the concerned government authorities are the first recipients of their conclusions and recommendations concerning this State and are given adequate time to respond, and that likewise the Council is the first recipient of conclusions and recommendations addressed to this body.

Article 14 - Communication with Governments

Mandate-holders shall address all their communications to concerned Governments through diplomatic channels unless agreed otherwise between individual Governments and the Office of the High Commissioner for Human Rights.

Article 15 - Accountability to the Council

In the fulfilment of their mandate, mandate-holders are accountable to the Council.

9th meeting 18 June 2007

[Adopted without a vote. See chap. III.]

B. Decisions

5/101. Institution-building of the Human Rights Council and draft code of conduct for special procedures mandate-holders of the Human Rights Council

At its 9th meeting, on 18 June 2007, the Human Rights Council decided, without a vote, to agree on the text introduced by the President entitled “United Nations Human Rights Council: institution-building” (A/HRC/5/L.2) considered jointly with the draft code of conduct for special procedures mandate-holders of the Human Rights Council (A/HRC/5/L.3/Rev.1).

[See chap. II.]

5/102. Postponement of consideration of all pending draft resolutions and decisions, and of the draft report

At its 9th meeting, on 18 June 2007, the Human Rights Council decided, without a vote, to postpone action:

(a) On the following draft resolutions tabled at its fifth session:

− A/HRC/5/L.4 entitled “Report of the United Nations High Commissioner for Human Rights on the follow-up to the report of the Commission of Inquiry on Lebanon”;

− A/HRC/5/L.5 entitled “Human Rights situation in the Occupied Palestinian Territory: follow-up to Human Rights Council resolution S-1/1 and S-3/1”;

− A/HRC/5/L.6 entitled “Follow-up to resolution 4/8 of 30 March 2007 adopted by the Human Rights Council at its fourth session entitled ‘Follow-up to decisions S-4/101 of 13 December 2006 adopted by the Human Rights Council at its fourth special session entitled “Situation of human rights in Darfur”’”;

(b) On the following draft decisions and resolution deferred from previous sessions pursuant to its decision 4/105 of 30 March 2007:

− A/HRC/2/L.19 entitled “The use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination”;

− A/HRC/2/L.30 entitled “World Programme for Human Rights Education”;

− A/HRC/4/L.3 entitled “Israeli violations of religious and cultural rights in Occupied East Jerusalem”;

− A/HRC/4/L.4 entitled “Human rights situation in the Occupied Palestinian Territory”;

[See chap. II.]

II. Adoption of the agenda and organization of the work of the session

A. Opening and duration of the session

1. The Human Rights Council held its fifth session at the United Nations Office at Geneva from 11 to 18 June 2007 (see also paragraph 8 below). It held nine meetings (see A/HRC/5/SR.1-9)* during the session.

2. The session was opened by Mr. Luis Alfonso de Alba, President of the Human Rights Council.

3. At the 1st meeting, on 11 June 2007, the United Nations High Commissioner for Human Rights, Ms. Louise Arbour, addressed the Council.

B. Attendance

4. The session was attended by representatives of States members of the Council, observers for non-member States of the Council, observers for non-member States of the United Nations and other observers, as well as observers for United Nations entities, specialized agencies, and related organizations, intergovernmental organizations and other entities, national human rights institutions and non-governmental organizations. An attendance list is given in annex III to the present report.

* Summary records of each of the meetings are subject to correction. They are considered final with the issuance of a consolidated corrigendum (A/HRC/5/SR.1-9/Corrigendum).

C. Adoption of the agenda

5. At the same meeting, the Council considered the provisional agenda (A/HRC/5/1) as proposed by the President. The agenda was adopted without a vote. For the text as adopted, see annex I to the report.

D. Organization of work

6. At its 1st meeting, on 11 June 2007, the Council considered the organization of its work, including the speaking-time limits, which would be as follows: five minutes for statements by States members of the Council and concerned countries, and three minutes for statements by observers for non-member States of the Council and other observers, including United Nations entities, specialized agencies and related organizations, intergovernmental organizations and other entities, national human rights institutions and non-governmental organizations. The list of speakers would be drawn up in chronological order of registration and the order of speakers would be as follows: concerned countries, if any, followed by States members of the Council, observers for non-member States of the Council, and other observers. Statements in exercise of the right of reply would be limited to two statements per delegation, three minutes for the first statement and two minutes for the second, exercised at the end of the meeting, at the end of the day or at the end of the discussion of the issue.

7. At the 9th meeting, on 18 June 2007, due to the lack of time, the Council decided, without a vote, to defer action on all outstanding matters to its organizational meeting, scheduled to take place on 19 June. For the text of the decision as adopted, see chapter I, section B, decision 5/102.

E. Meetings and documentation

8. As indicated in paragraph 1 above, the Council held nine fully serviced meetings.

9. The 4th meeting, on 12 June 2007, and the 7th meeting, on 13 June, were additional meetings without additional financial implications.

10. The texts of the resolutions and decisions adopted by the Council are contained in chapter I of the present report.

11. Annex I contains the agenda of the fifth session of the Council as adopted.

12. Annex II contains the estimated administrative and programme budget implications of Council resolutions and decisions.

13. Annex III contains the list of attendance.

14. Annex IV contains the list of documents issued for the fifth session of the Council.

III. Implementation of General Assembly resolution 60/251 of 15 March 2006 entitled “Human Rights Council”

A. Reports of the special procedures

1. Thematic reports

Independence of judges and lawyers/Contemporary forms of racism, racial discrimination, xenophobia and related intolerance

15. At the 1st meeting, on 11 June 2007, Mr. Leandro Despouy, Special Rapporteur on the independence of judges and lawyers, presented his report (A/HRC/4/25 and Add.1-3). At the same meeting, Mr. Doudou Diène, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, presented his reports (A/HRC/4/19/Add.1 and 3 and A/HRC/5/10).

16. At the same meeting, the observers for the Democratic Republic of the Congo and the Maldives made statements, as concerned countries, on the relevant mission reports presented by Mr. Despouy, and the representative of the Russian Federation made a statement, as a concerned country, on the report presented by Mr. Diène.

17. During the ensuing interactive dialogue, at the same meeting, and at the 2nd meeting, on 11 June 2007, the following delegations made statements and put questions to Mr. Despouy and Mr. Diène:

(a) Representatives of States members of the Council: Algeria, Argentina, Bangladesh, Brazil, Canada, China, Djibouti, Germany (on behalf of the European Union), India, Indonesia, Japan, Mexico, Morocco, Nigeria, Pakistan (on behalf of the Organization of the Islamic Conference), Peru, Philippines, Republic of Korea, Russian Federation, Tunisia and Uruguay;

(b) Observers for the following States: Australia, Belgium, Cambodia, Chile, Democratic People’s Republic of Korea, Georgia, Iraq, New Zealand, United States of America, Uzbekistan and Venezuela (Bolivarian Republic of);

(c) Observers for the following non-governmental organizations: Amnesty International, Asian Legal Resource Centre, General Arab Women Federation, Indian Council of South America, International Commission of Jurists (also on behalf of the Colombian Commission of Jurists), International Federation of Human Rights Leagues, North South XXI, United Nations Watch, Union of Arab Jurists and World Peace Council;

(d) Observer for the following intergovernmental organization: African Union;

(e) Observer for the following national human rights institution: National Human Rights Commission of India.

18. Also at the 2nd meeting, Mr. Despouy and Mr. Diène responded to questions and made their concluding remarks.

19. Also at the same meeting, statements in exercise of the right of reply were made by the representatives of Japan, the Russian Federation and Sri Lanka, and the observers for the Democratic People’s Republic of Korea, Iraq, the Sudan and Zimbabwe. At the 3rd meeting, on 12 June 2007, a statement in exercise of the right of reply was made by the observer for Australia. At the same meeting, statements in exercise of the right of reply for a second time were made by the representative of Japan and the observers for the Democratic People’s Republic of Korea and Zimbabwe.

20. At the 2nd meeting, on 11 June 2007, Mr. Jean Ziegler, Special Rapporteur on the right to food, presented his report (A/HRC/4/30 and Add.1 and 2); Mr. Okechukwu Ibeanu, Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights, presented his report (A/HRC/5/5 and Add.1); Mr. Miloon Kothari, Special Rapporteur on adequate housing as a component of the right to an adequate standard of living presented his report (A/HRC/4/18 and Add.1-3); and, Mr. Arjun Sengupta, independent expert on the question of human rights and extreme poverty, presented his report (A/HRC/5/3).

21. At the same meeting, the representative of Ukraine and the observers for Australia and Spain made statements, as concerned countries, on the relevant mission reports. At the 3rd meeting, on 12 June 2007, the observer for Bolivia made a statement, as a concerned country, on the relevant mission report.

22. During the ensuing interactive dialogue, at the same meeting, and at the 3rd meeting, on 12 June 2007, the following delegations made statements and put questions to Mr. Ziegler, Mr. Ibeanu, Mr. Kothari and Mr. Sengupta:

(a) Representatives of States members of the Council: Algeria, Argentina, Bangladesh, Brazil, Canada, China, Cuba, Ecuador, Finland, Germany (on behalf of the European Union), India, Indonesia, Mexico, Morocco, Nigeria, Pakistan (on behalf of the Organization of the Islamic Conference), Philippines, Republic of Korea, Russian Federation, Senegal, Switzerland, Tunisia, United Kingdom of Great Britain and Northern Ireland, and Uruguay;

(b) Observers for the following States: Cambodia, Chile, Luxembourg, Nicaragua, Norway, Sudan, Thailand and Venezuela (Bolivarian Republic of);

(c) Observers for the following non-governmental organizations: Cairo Institute for Human Rights Studies, Centre on Housing Rights and Evictions, Colombian Commission of

Jurists, Commission to Study the Organization of Peace, European Union of Public Relations, FoodFirst Information and Action Network, Human Rights Watch, International Educational Development, International Federation for the Protection of the Rights of Ethnic, Religious, Linguistic and Other Minorities, International Movement ATD Fourth World, Movement Against Racism and for Friendship Among Peoples (also on behalf of Europe-Third World Centre, France Libertés-Fondation Danielle Mitterrand, International League for the Rights and Liberation of Peoples, Women’s International League for Peace and Freedom), National Association of Community Legal Centres, United Nations Watch, and Women’s International League for Peace and Freedom;

(d) Observer for the following intergovernmental organization: African Union (on behalf of the President of the Commission of the African Union);

(e) Observer for the following national human rights institution: National Human Rights Commission of India.

23. At the 3rd meeting, Mr. Ziegler, Mr. Ibeanu, Mr. Kothari and Mr. Sengupta responded to questions and made their concluding remarks.

24. At the same meeting, statements in exercise of the right of reply were made by the representatives of Algeria and China, and by the observers for Angola, Cambodia and Zimbabwe.

2. Country reports

Belarus

25. At the 4th meeting, on 12 June 2007, Mr. Adrian Severin, Special Rapporteur on the situation of human rights in Belarus, presented his report (A/HRC/4/16). The observer for Belarus made a statement as a concerned country.

26. During the ensuing interactive dialogue, at the same meeting, the following delegations made statements and put questions to Mr. Severin:

(a) Representatives of States members of the Council: Algeria, Bangladesh, Canada, China, Cuba, Czech Republic, Germany (on behalf of the European Union), India, Indonesia, Malaysia, Pakistan, Poland, Russian Federation and South Africa;

(b) Observers for the following States: Democratic People’s Republic of Korea, Iran (Islamic Republic of), Lithuania, Sudan, Sweden, United States of America, Uzbekistan and Venezuela (Bolivarian Republic of).

27. At the same meeting, Mr. Severin responded to questions and made his concluding remarks.

Cuba

28. At the 4th meeting, Ms. Christine Chanet, Personal Representative of the High Commissioner for Human Rights on the situation of human rights in Cuba presented her report (A/HRC/4/12). The representative of Cuba made a statement as a concerned country.

29. During the ensuing interactive dialogue, at the same meeting, the following delegations made statements and put questions to Ms. Chanet:

(a) Representatives of States members of the Council: Algeria, Bangladesh, Canada, China, Czech Republic, Ecuador, Germany (on behalf of the European Union), India, Indonesia, Malaysia, Pakistan, Russian Federation, South Africa and Sri Lanka;

(b) Observers for the following States: Angola, Belarus, Bolivia, Democratic People’s Republic of Korea, Iran (Islamic Republic of), Libyan Arab Jamahiriya, Nicaragua, Sudan, Syrian Arab Republic, United States of America, Uzbekistan, Venezuela (Bolivarian Republic of), Viet Nam and Zimbabwe;

30. At the same meeting, Ms. Chanet responded to questions and made her concluding remarks.

Cambodia

31. At the 5th meeting, on 12 June 2007, Mr. Yash Ghai, Special Representative of the Secretary-General for human rights in Cambodia, presented his report (A/HRC/4/36). The observer for Cambodia made a statement as a concerned country.

32. During the ensuing interactive dialogue, at the same meeting, the following delegations made statements and put questions to Mr. Ghai:

(a) Representatives of States members of the Council: Canada, Germany (on behalf of the European Union), Indonesia, Japan, Malaysia and Philippines;

(b) Observers for the following States: Australia, Slovakia and United States of America.

33. At the same meeting, Mr. Ghai responded to questions and made his concluding remarks, and the observer for Cambodia made a statement.

Haiti

34. At the 5th meeting, Mr. Louis Joinet, independent expert appointed by the Secretary-General on the situation of human rights in Haiti, presented his report (A/HRC/4/3). The observer for Haiti made a statement as a concerned country.

35. During the ensuing interactive dialogue, at the same meeting, the following delegations made statements and put questions to Mr. Joinet:

(a) Representatives of States members of the Council: Algeria, Brazil, Canada and Germany (on behalf of the European Union);

(b) Observers for the following States: Chile, Luxembourg and United States of America.

36. At the same meeting, Mr. Joinet responded to questions and made his concluding remarks, and the observer for Haiti made a statement.

Somalia

37. At the 5th meeting, Mr. Ghanim Alnajjar, the independent expert appointed by the Secretary-General on the situation of human rights in Somalia, presented an oral update (see A/HRC/5/2).

38. During the ensuing interactive dialogue, at the same meeting, the following delegations made statements and put questions to Mr. Alnajjar: (a) Representatives of States members of the Council: Djibouti and Germany (on behalf of the European Union);

(b) Observers for the following States: Italy and United States of America.

39. At the same meeting, Mr. Alnajjar responded to questions and made his concluding remarks.

40. Also at the 5th meeting, the following made statements:

(a) Observers for the following non-governmental organizations: Amnesty International, Asian Legal Resource Centre, Europe-Third World Centre, Centrist Democrat International, Comisión Jurídica para el Autodesarrollo de los Pueblos Originarios Andinos, Human Rights Watch, Indian Council of South America (also on behalf of International Educational Development), International Federation of Human Rights Leagues, International Helsinki Federation for Human Rights (also on behalf of International Federation of Human Rights Leagues) and World Federation of Trade Unions;

(b) Observers for the following national human rights institutions: Asia Pacific Forum of National Human Rights Institutions (on behalf of the national human rights institutions of Australia, India, Indonesia, Malaysia, Mongolia, Nepal, New Zealand, Philippines, Republic of Korea, Sri Lanka and Thailand) and National Consultative Commission on Human Rights of France.

41. At the same meeting, a statement in exercise of the right of reply was made by the observer for Haiti.

B. Follow-up to decisions of the Human Rights Council

1. Follow-up to resolution 4/2

42. At the 6th meeting, on 13 June 2007, the Council discussed the follow-up to its resolution 4/2 of 27 March 2007 entitled “Human rights situation in the Occupied Palestinian Territory: follow-up to Human Rights Council resolutions S-1/1 and S-3/1”. The Council had before it the report (A/HRC/5/11) of Mr. John Dugard, Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, submitted pursuant to resolution S-1/1.

43. At the same meeting, the President of the Council and the United Nations High Commissioner for Human Rights reported to the Council on the implementation of resolution 4/2 and updated the Council on the follow-up to the report of the Commission of Inquiry on Lebanon (A/HRC/5/9), pursuant to Council resolution 3/3 (see paragraph 47 below).

44. Also, at the same meeting, Archbishop Desmond Tutu, head of the High-Level Fact-Finding Mission, established pursuant to Council resolution S-3/1, reported to the Council (A/HRC/5/20) on the implementation of the mandate of the mission. The observers for Israel and Palestine made statements, as concerned countries, or parties.

45. During the ensuing interactive dialogue, at the same meeting, the following delegations made statements and put questions to Archbishop Desmond Tutu:

(a) Representatives of States members of the Council: Algeria, Bangladesh, Cuba, Germany (on behalf of the European Union), Indonesia, Malaysia, Nigeria, Pakistan (on behalf of the Organization of the Islamic Conference) and South Africa;

(b) Observers for the following States: Central African Republic, Iran (Islamic Republic of), the Sudan and Syrian Arab Republic;

(d) Observers for the following non-governmental organizations: Amnesty International, Badil Resource Center for Palestinian Residency and Refugee Rights (also on behalf of Defence for Children International), B’nai B’rith International (also on behalf of the Coordinating Board of Jewish Organizations), International League for the Rights and Liberation of Peoples, North South XXI (also on behalf of General Arab Women Federation and Union of Arab Jurists), and United Nations Watch.

46. At the same meeting, Ms. Christine Chinkin, member of the High-Level Fact-Finding Mission to Beit Hanoun, established pursuant to Council resolution S-3/1, responded to questions and made her concluding remarks.

2. Follow-up to resolution 3/3

47. The observers for Lebanon and Israel made statements as concerned countries on the report of the United Nations High Commissioner for Human Rights (A/HRC/5/9) (see paragraph 43 above).

48. At the same meeting, the following delegations made statements in relation to the report of the United Nations High Commissioner for Human Rights:

(a) Representatives of States members of the Council: Cuba, Germany (on behalf of the European Union), Malaysia and Pakistan (on behalf of the Organization of the Islamic Conference);

(b) Observer for the following State: United States of America;

49. At the same meeting, Ms. Christine Chinkin, member of the High-Level Fact-Finding Mission to Beit Hanoun, established pursuant to Council resolution S-3/1, responded to questions and made her concluding remarks.

50. At the 7th meeting, on 13 June 2007, a statement in exercise of the right of reply was made by the observers for the Islamic Republic of Iran and Lebanon.

3. Follow-up to resolution 4/8

51. At the 6th meeting on 13 June 2007, Ms. Sima Samar, the Special Rapporteur on the situation of human rights in the Sudan and Chairperson of the group of experts established pursuant to Council resolution 4/8, presented the report of the group (A/HRC/5/6). The observer for the Sudan made a statement as a concerned country.

52. At the 7th meeting, during the ensuing interactive dialogue, the following delegations made statements and put questions to Ms. Samar:

(a) Representatives of States members of the Council: Algeria (on behalf of the Group of African States), Canada, China, Cuba, France, Germany (on behalf of the European Union), Malaysia, Morocco, Nigeria, Pakistan (on behalf of the Organization of the Islamic Conference), Republic of Korea, Russian Federation, Switzerland and Tunisia;

(b) Observers for the following States: Australia, Central African Republic, Iceland, Iraq, Norway, Syrian Arab Republic, United States of America, Yemen and Zimbabwe;

(d) Observer for an intergovernmental organization: African Union;

(e) Observers for the following non-governmental organizations: African-American Society for Humanitarian Aid and Development, Amnesty International, Cairo Institute of Human Rights Studies, Femmes Africa Solidarité, Hawa Society for Women, International Federation of Human Rights Leagues, Human Rights Watch (also on behalf of International Commission of Jurists) and World Federation of Trade Unions.

53. Also at the same meeting, Mr. Walter Kälin, Representative of the Secretary-General on human rights of internally displaced persons, and member of the group of experts established pursuant to Council resolution 4/8, and Ms. Samar responded to questions and made their concluding remarks.

4. Follow-up to other decisions of the Human Rights Council

Decisions 2/105 and 2/111

54. Also at the 7th meeting, on 13 June 2007, the Council discussed the follow-up to its other decisions. The Council had before it the follow-up report of the Office of the United Nations High Commissioner for Human Rights on the study on the right to the truth (A/HRC/5/7), submitted pursuant to decision 2/105, and the note by the Secretariat on progress on reports and studies relevant to human rights and arbitrary deprivation of nationality (A/HRC/5/8), submitted pursuant to decision 2/111.

55. At the same meeting, the following delegations made statements:

(a) Representatives of States members of the Council: Argentina, Brazil, Cuba, France, Russian Federation, Switzerland and Uruguay;

(b) Observers for the following States: Bolivia, Chile and Spain;

(c) Observers for the following non-governmental organizations: Action Canada for Population Development and International Indian Treaty Council (also on behalf of International Organization of Indigenous Resource Development and Native Women’s Association of Canada).

Resolution 3/2

56. At the 8th meeting, on the same day, the President of the Council updated the Council on the implementation of Council resolution 3/2 of 8 December 2006 entitled “Preparations for the Durban Review Conference”.

C. Institution-building

57. At the 8th meeting, on the same day, the President of the Council updated the Council on the progress made on the institution-building process of the Council, pursuant to General Assembly resolution 60/251 of 15 March 2006.

58. At the same meeting the representative of Algeria (on behalf of the Group of African States) made a statement.

59. At the 9th meeting, on 18 June 2007, Ms. Patricia Espinosa, Minister of Foreign Affairs of Mexico, made a statement.

D. Consideration and action on draft proposals

Institution-building of the United Nations Human Rights Council, Code of Conduct for Special Procedures Mandate-Holders of the Human Rights Council

60. At the 9th meeting, on 18 June 2007, the President of the Council informed the Council that there was agreement on the President’s text entitled “Institution-building of the United Nations Human Rights Council”, and on the draft code of conduct for special procedures mandate-holders of the Human Rights Council, which were to be considered jointly by the Council.

61. In accordance with rule 153 of the rules of procedure of the General Assembly, the estimated administrative and programme budget implications* of draft resolution A/HRC/5/L.2 entitled “Institution-building of the United Nations Human Rights Council” were made available to the Council.

62. At the same meeting, the Council decided, without a vote, that there was agreement on the President’s text entitled “Institution-building of the United Nations Human Rights Council” (A/HRC/5/L.2), and on the draft code of conduct for special procedures mandate-holders of the Human Rights Council (A/HRC/5/L.3/Rev.1), considered jointly by the Council. For the text of the decision, see chapter I, section B, decision 5/101. For the text of the resolutions, see chapter I, section A, resolutions 5/1 and 5/2.

63. At the same meeting, the Council also decided, without a vote, to defer action on all pending draft resolutions and decisions and on the draft report to its organizational meeting, scheduled to begin on 19 June 2007. For the text of the decision, see chapter I, section B, decision 5/102.

* See annex III.

ANNEXES

ANNEX I

Agenda

1. Adoption of the agenda and organization of work.

2. Implementation of General Assembly resolution 60/251 of 15 March 2006 entitled “Human Rights Council”.

3. Report to the General Assembly on the fifth session of the Council.

ANNEX II

Estimated administrative and programme budget implications of Council resolutions and decisions

5/1. Institution-building of the United Nations Human Rights Council

1. Under the terms of its resolution 5/1, the Human Rights Council has adopted the text entitled “Institution-building of the United Nations Human Rights Council”, annexed to the resolution, including its appendices and decided to submit a draft resolution to the General Assembly for its adoption as a matter of priority in order to facilitate the timely implementation of the text contained thereafter.

2. Under the terms of the text entitled “Institution-building of the United Nations Human Rights Council”, the Council will establish a universal periodic review (UPR) mechanism, special procedures, a Human Rights Council Advisory Committee and a complaint procedure. According to that text, the operational structure and modalities of the human rights machinery will be established. Incremental resource requirements in respect of some of the proposals in the President’s text are being addressed in a separate report of the Secretary-General to the General Assembly on the implementation of the Human Rights Council decision 3/104, namely additional sessions of the Council (regular/organizational, etc.), special sessions and a high-level segment. Therefore, only incremental resources requirements over and above those submitted in connection with the decision 3/104 are included in this statement.

3. As regards the universal periodic review mechanism, the Council decides that:

(a) The review will begin after the adoption of the UPR mechanism by the Council;

(b) The periodicity of the review for the first cycle will be of four years, implying the consideration of 48 States per year during three sessions of the working group of two weeks each;

(c) A compilation of the information contained in the reports of treaty bodies and special procedures, including observations and comments by the State concerned, and in other relevant official United Nations documents, will be prepared by OHCHR. This shall not exceed 10 pages;

(d) In the review, the Council could also take into consideration additional credible and reliable information provided by other relevant stakeholders to the UPR. OHCHR will prepare a summary of such information that shall not exceed 10 pages;

(e) Each member State will decide on the composition of its delegation [to the review] and a UPR Voluntary Trust Fund should be established to facilitate the participation of developing countries, particularly LDCs, in the UPR mechanism;

(f) A group of three rapporteurs, selected by drawing of lots among the members of the Council and from different Regional Groups (the “troika”), will be formed to facilitate each review, including the preparation of the report of the working group. OHCHR will provide the necessary assistance and expertise to the rapporteurs;

(g) Interactive dialogue between the country under review and the Council will take place in the working group. The rapporteurs may collate issues or questions to be transmitted to the State under review to facilitate its preparation and focus the interactive dialogue, while guaranteeing fairness and transparency.

4. In order to implement the above-mentioned proposals, it is estimated that the following additional resources will be required:

(a) Seventeen (17) new posts for OHCHR at the P-4 level to ensure the preparation of the relevant documents to be submitted for the review of each country during the sessions of the UPR working group and for support to the rapporteurs in their review and preparation of the report of the country group as from 2007;

(b) Conference services requirements for six weeks of meetings of the UPR working group starting from 2008;

(c) Information services requirements to provide for press, radio, television and documentation coverage as well as webcasting.

5. Total estimated resource requirements will amount to:

2006-2007 2008-2009 United States dollars

Section 2, General Assembly and Economic and Social Council affairs and conference management

- 3 847 300

Section 23, Human rights - 3 139 800 Section 27, Information Service - 353 700 Section 28E, Administration, Geneva - 323 100 Total 7 672 900

6. Provisions have not been made in the proposed programme budget for the biennium 2008-2009 for the above-mentioned activities, and as illustrated under paragraph 5 above. It does not appear that it will be possible to absorb the estimated additional requirements within the provisions for the 2008-2009 biennium. Therefore, an additional appropriation by the General Assembly will be required for the biennium 2008-2009. Although it is estimated that the 17 new P-4 posts will be required as from 2007, since it is expected that the General Assembly will only approve the requirements at its sixty-second session and recruitment will take several months, the workload will be met by use of temporary arrangements such as the use of vacant posts.

7. As regards special procedures, the Council decides that:

(a) OHCHR shall immediately prepare, maintain and periodically update a public list of eligible candidates in a standardized format, which shall include personal data, areas of expertise and professional experience. Upcoming vacancies of mandates shall be publicized;

(b) A consultative group will be established to propose to the President a list of candidates who possess the highest qualifications for each mandate and meets the general criteria and particular requirements. The Group will be assisted by OHCHR;

(c) The Council will continue the review of mandates through an individual consideration of each mandate during its session of 2007/2008. With this purpose the Council will extend the mandates until they will be reviewed, in accordance with annex I [of the President’s text on institution-building].

8. In order to implement the proposals relating to the public list and the consultative group, one additional new post for OHCHR at the P-3 level is required. For the biennium 2006-2007 the workload will be met through temporary arrangements such as the use of a vacant post for the reason given in paragraph 6 above. As from biennium 2008-2009, it is proposed that a new post be established at the P-3 level to implement the terms of the President’s statement.

9. Total estimated resource requirements will amount to:

2006-2007 2008-2009 United States dollars

Section 23, Human rights - 156 200 Section 28E, Administration, Geneva - 17 400 Total 173 600

10. Provision has not been made in the proposed programme budget for the biennium 2008-2009 for the above-mentioned activities, as illustrated under paragraph 9 above. It does not appear that it will be possible to absorb the estimated additional requirements of $151,200 within the provisions for the 2008-2009 biennium. Therefore, an additional appropriation by the General Assembly will be required for the biennium 2008-2009.

11. As regards the extension of existing special mandates, related provisions have been included under Section 23, Human rights, of the programme budget for the biennium 2006-2007 and requested under the proposed programme budget for the biennium 2008-2009.

12. The Human Rights Council Advisory Committee will replace the Sub-Commission on the Promotion and Protection of Human Rights. The Council will decide that the Advisory Committee shall convene up to two sessions for a maximum of 10 working days per year. Additional sessions may be scheduled on an ad hoc basis with prior approval of the Council.

13. In order to implement the above-mentioned proposals, resources of US$ 710,600 for travel and daily subsistence allowance (DSA) for 18 Committee members attending two sessions annually will be needed under Section 23, Human rights, starting from the biennium 2008-2009.

14. Provisions for travel and DSA on a maintenance basis for the former Sub-Commission and its working groups have been requested under the proposed programme budget for the biennium 2008-2009.

15. Requirements for conference servicing of two sessions of the Advisory Committee of five days duration each required under Sections 2, General Assembly and Economic and Social Council affairs and conference management and 28E, Administration, Geneva, will be covered within the resources approved for the former Sub-Commission (three weeks per year). The resulting one-week saving in conference servicing requirements vis-à-vis the existing provisions for the Sub-Commission will be used to offset requirements for an additional week of meetings of the Working Group on Situations under the Complaint Procedure (see paragraph 18 below).

16. Resource requirements for travel, DSA and conference services relating to the working groups of the former Sub-Commission will be determined in connection with the Council’s review of their status at its sixth session.

17. The complaint procedure will replace the former 1503 procedure. The Council decides that:

(a) Two distinct Working Groups shall be established with the mandate to examine the communications and to bring to the attention of the Human Rights Council consistent patterns of gross and reliably attested violations of human rights and fundamental freedoms;

(b) The Human Rights Council Advisory Committee shall appoint five of its members, one from each Regional Group, with due consideration to gender balance, to constitute the Working Group on Communications;

(c) Each Regional Group shall appoint a representative of a member State of the Council, with due consideration to gender balance, to serve on the Working Group on Situations;

(d) Both Working Groups shall meet at least twice a year for five working days each session.

18. In order to implement the above-mentioned proposals, conference servicing resources starting in the biennium 2008-2009 will be required for two five-day sessions per year for both the Working Group on Communications and the Working Group on Situations.

19. Provisions for two weeks of meetings for the Working Group on Communications and one week for the Working Group on Situations under the former Commission and Sub-Commission mandates have been included in the 2006-2007 budget and were also requested under the proposed programme budget for the biennium 2008-2009. The additional week of meetings for the Working Group on Situations will be offset against savings from the reduction of meetings of the former Sub-Commission by one week. Thus, no additional resources will be required.

20. In summary, should the Council adopt the proposed resolution, the following additional resources will be required by budget section:

2006-2007 2008-2009 United States dollars

Section 2, General Assembly and Economic and Social Council affairs and conference management

- 3 847 300

Section 23, Human rights - 3 296 000 Section 27, Information Service 353 700 Section 28E, Administration, Geneva 349 500 Total 7 846 500

21. The Secretary-General notes that the Council is expected to continue its review in September 2007 of the existing special mandates through 2007/2008. Accordingly, it may also be noted that the submission of related estimated additional requirements of US$ 7,846,500 will be submitted to the General Assembly at its sixty-second session by which time the Council is expected to have concluded its revision of such mandates. The Secretariat will then be in a better position to determine the totality of resources required to implement recent Human Rights Council decisions.

ANNEX III

List of attendance

Members

Algeria

M. Idriss Jazairy,* M. Mohammed Bessedik, M. Mohamed Chabane, M. Ahmed Saade, M. El Hacene El Bey, M. Boumediene Mahi, M. Samir Stiti

Argentina

Sr. Roberto Garcia Moritan,* Sr. Alberto J. Dumont,* Sr. Sergio Cerda,** Sr. Federico Villegas Beltran, Sr. Antonio Eduardo Seward

Azerbaijan Mr. Elchin Amirbayov,* Mr. Azad Cafarov, Mr. Mammad Talibov, Mr. Seymur Mardaliyev

Bahrain

Mr. Abdulaa Abdullatif Abdulla,* Mr. Yasser G. Shaheen, Mr. Ammar M. Rajab Bangladesh

Mr. Toufiq Ali,* Mr. Mustafizur Rahman, Mr. Muhammed Enayet Mowla, Ms. Sadia Faizunnesa, Mr. Nayem U. Ahmed

Brazil

Mr. Sergio Abreu E. Lima Florencio,* Ms. Anna Lucy Gentil Cabral Petersen,** Mr. Carlos Eduardo Da Cunha Oliveira,** Ms. Claudio De Angelo Barbosa, Ms. Luciana Da Rocha Manzini, Mr. Murilo Vieira Komniski, Ms. Silviane Rusi Brewer

Cameroon

M. Francis Ngantcha,* M. Yap Abdou, Mme Odette Melono, M. Samuel Mvondo Yaolo, M. Michel Mahouve, Mme Chantal Nama, M. Bertin Bidima

* Representative.

** Alternate.

Canada

Mr. Paul Meyer,* Mr. Terry Cormier,** Mr. Robert Sinclair, Mr. John Von Kaufmann, Mr. Karim Amegan, Ms. Nadia Stuewer, Ms. Heidi Smith, Ms. Cyndy Nelson, Ms. Patrycia Zawierucha, Ms. Mary Wade

China

Mr. Jingye Cheng,* Mr. Yifan La,** Ms. Zhihua Dong,** Mr. Yousheng Ke, Ms. Xiaoxia Ren, Mr. Yi Zhang, Ms. Lingxiao Liu

Cuba

Sr. Juan Antonio Fernández Palacios,* Sr. Rodolfo Reyes Rodríguez,* Sr. Yuri Ariel Gala López,** Sra. María del Carmen Herrera, Sr. Carlos Hurtado Labrador, Sra. Vilma Thomas Ramirez, Sr. Abdel La Rosa Domínguez, Sr. Rafael Garcia Collada

Czech Republic

Mr. Tomas Husak,* Mr. Pavel Hrncir,** Ms. Blanka Souskova, Mr. Petr Hnatik, Ms. Zuzana Stiborova

Djibouti M. Mohamed Ziad Doualeh*

Ecuador

Sr. Juan F. Holguin,* Sr. Luis Vayas Valdivieso, Sra. Leticia Baquerizo Guzman

Finland

Mr. Vesa Himanen,* Ms. Johanna Suurpää,** Ms. Satu Mattila,** Ms. Katri Silfverberg, Mr. Lasse Keisalo, Ms. Kirsti Pohjankukka, Ms. Anni Valovirta, Ms. Johanna Kajosaari

France

M. Jean-Maurice Ripert,* M. Michel Doucin, M. Christophe Guilhou, M. Jacques Pellet, M. Armand Riberolles, M. Daniel Vosgien, M. Francois Vandeville, M. Fabien Fieschi, M. Raphaël Droszewski, M. Emmanuel Pineda, M. Raphael Trapp, Mme Gallianne Palayret, Mme Dorothée Basset, M. Marc Giacomini

Gabon

M. Patrice Tonda,* M. Samuel Nang Nang

Germany

Mr. Gunter Nooke,* Mr. Michael Steiner,* Ms. Birgitta Siefker Eberie,** Mr. Martin Huth, Mr. Andreas Berg, Ms. Anke Konrad, Mr. Martin Frick, Ms. Nicole Bjerler, Ms. Nicola Brandt, Mr. Gunnar Berkemeier, Ms. Isabelle Walther

Ghana

Mr. Kwabena Baah-Duodu,* Mr. Paul Aryene,** Ms. Loretta Asiedu

Guatemala

Sr. Carlos Martinez,* Sra. Angela Chavez Bietti, Sra. Stephanie Hochstetter, Sra. Ingrid Martinez Galindo, Sra. Sulmi Barrios Monzon, Sra. Soledad Urruela, Sra. Elizabeth Valdes Rank De Sperisen

India

Mr. Swashpawan Singh,* Mr. Mohinder Grover,** Mr. Rajiv Chander, Mr. Vijay Kumar Trivedi, Mr. Kumaresan Ilango, Mr. S. Ramesh, Mr. Munu Mahawar, Ms. Nutan Mahawar

Indonesia

Mr. Makarim Wibisono,* Mr. Gusti Agung Wesaka Puja,** Mr. Suryana Sastradieredja, Mr. Muhammad Anshor, Mr. Benny Yan Pieter Siahaan, Mr. Hari Prabowo, Mr. Abdul Hakim Nusantara

Japan

Mr. Ichiro Fujisaki,* Mr. Masato Kitera,** Mr. Makio Miyagawa,** Mr. Hiroshi Minami,** Mr. Tetsuya Kimura, Mr. Shigeharu Orihara, Mr. Osamu Yamanaka, Mr. Shu Nakagawa, Ms. Yukiko Yamada, Mr. Akira Kato, Ms. Yukiko Harimoto, Ms. Masako Sato, Mr. Hiroaki Otawa, Ms. Tomoko Matsuzawa, Mr. Derek Seklecki, Ms. Tomomi Shiwa, Mr. Yuji Yamamoto, Ms. Noriko Tanaka

Jordan

Mr. Mousa Burayzat,* Mr. Hussam Al Husseini, Mr. Bashar Abu Taleb, Mr. Hussam Qudah, Mr. Mohammed Hindawi

Malaysia

Ms. King Bee Hsu,* Mr. Mohamed Zin Amran,** Mr. Westmoreland Palon, Mr. Idham Musa Moktar

Mali

M. Sidiki Lamine Sow,* M. Bakary Doumbia, M. Sekou Kasse, M. Alhacoum Maiga

Mexico

Sra. Patricia Espinosa Cantellano,* Sr. Juan Manuel Gomez Robledo,** Sr. Luis Alfonso De Alba,** Sr. Pablo Macedo, Sr. Alejandro Negrin, Sr. Erasmo Martinez, Sr. Jose Antonio Guevara, Sra. Dulce Valle, Sra. Elia Sosa, Sra. Mariana Olivera, Sr. Gustavo Torres, Sr. Victor Genina, Sra. Gracia Pereza, Sr. Victor Aviles, Sra. Marcelina Cruz

Morocco

M. Mohammed Loulichki,* M. Driss Isabayene, M. Driss Najim, M. Ali Bargachm, M. Omar Rabi, M. Brahim Bastaoui, M. Hamid Benhaddou, M. Omar Kadiri, Mme Fatimatou Manssur, M. Brahim Ballali, Mme Fatima Seida, Mme Masgoula Baamar

Netherlands

Mr. Boudewijn Van Eenennaam,* Mr. Piet De Klerk,** Ms. Marion Kappeyne Van De Copello, Mr. Hanno Wurzner, Mr. Pieter Ramaer, Ms. Reneko Elema, Ms. Emilie Kuijt, Mr. Amaury De Bruijn, Ms. Maryam Van Den Heuvel, Ms. Birgitta Tazelaar, Ms. Suzanne De Groot

Nigeria

Mr. Martin Uhomoibhi,* Mr. Bayo Ajagbe,** Mr. Frank Isoh, Mr. Ozo Nwobu, Mr. Columbus O. Okaro, Mr. Usman Sarki, Mr. Ositadinma Anaedu, Mr. Mohammed Haidara, Mr. Mustapha Kida

Pakistan

Ms. Tehmina Janjua,* Mr. Mazhar Iqbal, Mr. Aftab Khokher, Mr. Miran Ahmed Siddiqui, Mr. Marghoob Salem Butt, Mr. Seyed Ali Gillani, Mr. Ahmar Ismail, Mr. Arzoo Syeddah, Mr. Waqas Ali Saqib

Peru

Sr. Eduardo Ponce Vivanco,* Sr. Carlos Chocano,** Sr. Juan Pablo Vegas, Sr. Alejandro Neyra Sanchez, Sr. Inti Cevallos, Sra. Genis Sandrine Simon

Philippines

Mr. Enrique Manalo,* Ms. Junever Mahilum West,** Mr. Jesus Enrique Garcia, Ms. Leizel Fernandez

Poland

Mr. Zdzislaw Rapacki,* Mr. Marcin Nawrot, Mr. Miroslaw Luczka, Mr. Andrzej Misztal, Ms. Krystyna Zurek, Ms. Agnieszka Wyznikiewicz, Mr. Maciej Janczak, Ms. Agnieszka Klausa, Ms. Bogumila Warchalewska

Republic of Korea Mr. Sung-joo Lee,* Mr. Dong-hee Chang,** Mr. Joon-kook Hwang, Mr. Hyun-joo Lee, Mr. Sang-young Lee, Mr. Hoon-min Lim, Mr. Bum-hym Bek, Mr. Pil-woo Kim, Mr. Chul Lee

Romania

Mr. Doru Romulus Costea,* Ms. Brandusa Predescu, Ms. Steluta Arhire, Ms. Florentina Voicu, Mr. Nicolae Blindu, Ms. Elisabeta David, Ms. Ana Maria Stoian

Russian Federation

Mr. Valery Loshchinin,* Mr. Oleg Malginov,** Mr. Alexander Matveev, Mr. Yuri Boychenko, Mr. Pavel Chernikov, Mr. Grigory Lukiyantsev, Mr. Sergey Chumarev, Mr. Yuri Chernikov, Mr. Alexey Goltyaev, Ms. Nataliya Zolotova, Ms. Galina Khvan, Mr. Sergey Kondratiev, Mr. Valentin Malyarchuk, Mr. Alexander Shchedrin, Mr. Semen Lyapichev, Mr. Liubov Shapshav, Ms. Ekaterina Yarovitsyna

Saudi Arabia

Mr. Abdulwahab Attar,* Mr. Abdulaziz Henaidy, Mr. Mohammad Alqunaibet, Mr. Mamdoh Al Shamari, Mr. Ahmed Fawzan Al Fawzan, Mr. Abdullah Rashwan, Mr. Abdullah Al Sheikh, Mr. Fouad Rajeh, Mr. Fahd Al Eisa, Mr. Yousef Ali Alsaabi

Senegal

M. Moussa Bocar Ly,* M. Abdou Salam Diallo, M. Cheikh Tidiane Thiam, M. Daouda Maligueye Sene, M. Nadiame Gaye, M. El Hadji Ibou Boye, M. Abdoul Wahab Haidara, M. Mamdou Seck, M. Mohamed Lamine Thiaw, M. Malick Sow, M. Samba Faye

South Africa Ms. Claudine Mtshali,* Mr. Pitso Montwedi, Mr. Samuel Kotane, Ms. Brulah Naidoo, Ms. Ketlareng Matlhako

Sri Lanka

Mr. Mahinda Samarasinghe,* Mr. C.R. De Silva,** Mr. Dayan Jayatilleke, Mr. W.J.S. Fernando, Mr. Yasantha Kodagoda, Mr. G.K.D. Amarawardane, Mr. Sumedha Ekanayake, Mr. O.L. Ameerajwad, Mr. Douglas Devananda, Mr. Keheliya Rambukwella, Mr. Lalith Weeratunga, Mr. Palitha Kohona, Mr. S. Tavarajah

Switzerland

M. Blaise Godet,* Mme Muriel Berset Kohen,** M. Jean-Daniel Vigny,** Mme Jeannie Volken, Mme Anh Thu Duong, M. Florian Ducommun, Mme Alexandra Fasel

Tunisia

M. Samir Labidi,* M. Ridha Khemakhem, M. Mohamed Chagraoui, M. Hatem Landoulsi, M. Ali Cherif, M. Samir Dridi

Ukraine

Mr. Volodymyr Vassylenko,* Mr. Yevhen Bersheda,** Ms. Svitlana Homonovska, Ms. Tetiana Sementuta, Ms. Olena Petrenko, Ms. Olena Artemyuk

United Kingdom of Great Britain and Northern Ireland Mr. Nicholas Thorne,* Ms. Rebecca Sagar, Ms. Helen Upton, Mr. Rob Dixon, Ms. Catriona Gaskell, Mr. Robert Last, Ms. Denise Regan, Mr. Michael Watson, Ms. Sylvia Chubbs, Mr. Babu Rahman

Uruguay

Sr. Reinadlo Garngano,* Sr. Alejandro Artucio,** Sra. Alejandra De Bellis, Sra. Pauline Davies, Sra. Lourdes Bone

Zambia

Mr. Love Mtesa,* Mr. Mathias Daka,** Ms. Encyla Sinjela, Mr. Alfonso Zulu

States Members of the United Nations represented by observers

Afghanistan El Salvador Mozambique Albania Equatorial Guinea Myanmar Andorra Estonia Nepal Angola Ethiopia New Zealand Armenia Greece Norway Australia Guinea Panama Austria Haiti Portugal Bangladesh Honduras Qatar Barbados Hungary San Marino Belgium Iceland Serbia Benin India Singapore Bhutan Iran (Islamic Republic of) Slovakia Bosnia and Herzegovina Iraq Slovenia Botswana Ireland Spain Brunei Darussalam Israel Sudan Bulgaria Italy Sweden Burkina Faso Jamaica Syrian Arab Republic Cambodia Kazakhstan Thailand Cape Verde Kenya The Former Yugoslav Republic Central African Republic Kuwait of Macedonia Chile Kyrgyzstan Timor Leste Colombia Latvia Togo Congo Lesotho Turkey Costa Rica Libyan Arab Jamahiriya Uganda Côte d’Ivoire Liechtenstein United Arab Emirates Croatia Lithuania United Republic of Tanzania Cyprus Luxembourg United States of America Democratic People’s Madagascar Uzbekistan Republic of Korea Maldives Venezuela Democratic Republic of Malta Viet Nam The Congo Mauritania Yemen Denmark Moldova Zimbabwe Dominican Republic Monaco Egypt Mongolia

Non-member States represented by observers

Holy See

Other Observers

Palestine

United Nations

Office of the United Nations High United Nations Population Fund Commissioner for Refugees United Nations Relief and Works Agency United Nations Children’s Fund for Palestine Refugees in the Near East

Specialized agencies and related organizations

International Labour Office United Nations Educational, Scientific and Cultural Organization

Intergovernmental organizations

African Union League of Arab States Council of Europe Organisation Internationale de la European Union Francophonie

Other entities

International Committee of the Red Cross Sovereign Order of Malta International Federation of Red Cross and Red Crescent Societies

Non-governmental organizations

General consultative status

Asian Legal Resource Centre International Institute for Non-Aligned Europe-Third World Centre Studies Franciscans International International Movement ATD Fourth World Friends World Committee for Consultation International Save the Children Alliance International Alliance of Women World Federation of Trade Unions International Association for Religious World Federation of United Nations Freedom Associations International Council of Women World Movement of Mothers International Federation of Business and World Vision International Professional Women

Special consultative status

Action Canada for Population and Development

Action Internationale pour la Paix et le Developpement dans la Region des Grands Lacs

African Commission of Health and Human Rights Promoters

Al-Haq, Law in the Service of Man Amnesty International Anti-Racism Information Service Asian Indigenous and Tribal Peoples

Network Association for the Prevention of Torture Association Tunisienne des Droits de

L’Enfant Baha’i International Community Cairo Institute for Human Rights Studies Centre on Housing Rights and Evictions Centrist Democratic International Comision Juridica para el Autodesarollo

de los Pueblos Originarios Andinos Congregation of our Lady of Charity of

the Good Shepherd Consultative Council of Jewish

Organizations Coordinating Board of Jewish

Organizations Defense for Children International Development Alternatives with Women

for a New Era European Region of the International

Lesbian and Gay Federation Federation des Associaciones pour la

Defense et la Promotion des Droits de L’Homme

Federation of Western Thrace Turks in Europe

Femmes Africa Solidarité General Conference of Seventh-day

Adventists Global Alliance Against Traffic in

Women Hadassah, the Women’s Zionist

Organization of America

Hawa Society for Women Human Rights Council of Australia Human Rights Watch Ingenieurs du Monde Interfaith International International Association Against Torture International Association of Democratic

Lawyers International Association of Jewish

Lawyers and Jurists International Bridges to Justice International Catholic Migration

Commission International Centre for Human Rights

and Democratic Development International Commission of Jurists International Committee for the Indians

of the Americas International Council of Jewish Women International Federation of Human Rights

Leagues International Federation of Social

Workers International Federation of University

Women International Federation Terre des

Hommes International Helsinki Federation for

Human Rights International Humanist and Ethical Union International League for the Rights and

Liberation of Peoples International Network for the Prevention

of Elder Abuse International Organization for the

Development of Freedom of Education International Organization for the

Elimination of all Forms of Racial Discrimination

International Organization of Indigenous Resource Development

International Pen International Religious Liberty

Association

International Service for Human Rights International Society for Threatened

Peoples International Women’s Rights Action

Watch Asia Pacific International Work Group for Indigenous

Affairs Ligue Internationale Contre le Racisme et

L’Antisemitisme Lutheran World Federation Mandat International National Association of Community

Legal Centres North South XXI Norwegian Refugee Council Pan Pacific and South East Asia

Women’s Association International Pax Christi International, International

Catholic Peace Movement

Pax Romana, International Catholic Movement for Intellectual and Cultural Affairs and International Movement of Catholic Students

Planetary Association for Clean Energy Reporters Without Borders International Society for the Protection of Unborn

Children Sudan Council of Voluntary Agencies Union of Arab Jurists United Nations Watch World Information Clearing Centre World Organization Against Torture World Union of Catholic Women’s

Organization Youth With a Mission

Roster

African American Society for Humanitarian Indigenous Peoples’ Centre for Aid and Development Documentation, Research and Information B’nai B’rith International Institute for Planetary Synthesis Commission to Study the Organization of International Buddhist Foundation Peace International Educational Development European Union of Public Relations Liberation Friedrich Ebert Stiftung Medical Care Development International 3HO Foundation Movement Against Racism and for International Federation for the Protection of Friendship Among Peoples the Rights of Ethnic, Religious, Linguistic Servas International and Other Minorities Unesco Etxea International Fellowship of Reconciliation World Association for the School as an International Society for Human Rights Instrument of Peace Indian Council of South America World Peace Council

ANNEX IV

List of documents of the Council

General series documents for the fourth session, consideration of which was deferred to the fifth session Symbol Agenda

item

A/HRC/4/3 2 Report on the situation of human rights in Haiti prepared by the independent expert, Louis Joinet

A/HRC/4/7 2 Report of the independent expert on the situation of human rights in the Democratic Republic of the Congo, Titinga Frédéric Pacéré

A/HRC/4/8 2 Human rights and international solidarity: note by the United Nations High Commissioner for Human Rights submitting the report of the independent expert

A/HRC/4/12 2 Situation of human rights in Cuba: report submitted by the Personal Representative of the High Commissioner for Human Rights, Christine Chanet

A/HRC/4/16 2 Report of the Special Rapporteur on the situation of human rights in Belarus, Adrian Severin

A/HRC/4/18 2 Report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, Miloon Kothari

A/HRC/4/18/Add.1 and Corr.1

2 ____________: summary of communications sent and replies received from Governments and other actors

A/HRC/4/18/Add.2 2 ____________: mission to Australia (31 July to 15 August 2006)

A/HRC/4/18/Add.3 2 ____________: preliminary note on the mission to Spain (20 November to 1 December 2006)

General series documents for the fourth session, consideration of which was deferred to the fifth session (continued) Symbol Agenda

item

A/HRC/4/19/Add.1 2 Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Doudou Diène: summary of cases transmitted to Governments and replies received

A/HRC/4/19/Add.3 2 ____________: mission to the Russian Federation (12-17 June 2006)

A/HRC/4/23 and Corr.1 2 Report of the Special Rapporteur on the human rights aspects of the victims of trafficking in persons, especially women and children, Sigma Huda

A/HRC/4/23/Add.1 2 ____________: summary of cases transmitted to Governments and replies received

A/HRC/4/23/Add.2 and Corr.1

2 ____________: mission to Bahrain, Oman and Qatar (29 October-12 November 2006)

A/HRC/4/25 2 Report of the Special Rapporteur on the independence of judges and lawyers, Leandro Despouy

A/HRC/4/25/Add.1 2 ____________: situations in specific countries or territories

A/HRC/4/25/Add.2 2 ____________: mission to Maldives (25 February- 1 March 2007)

A/HRC/4/25/Add.3 2 ____________: preliminary note on the mission to the Democratic Republic of the Congo

A/HRC/4/30 2 Report of the Special Rapporteur on the right to food, Jean Ziegler

A/HRC/4/30/Add.1 2 ____________: communications sent to Governments and other actors and replies received

A/HRC/4/30/Add.2 2 ____________: preliminary note on the mission to Bolivia (29 April-6 May 2007)

General series documents for the fourth session, consideration of which was deferred to the fifth session (continued) Symbol Agenda

item

A/HRC/4/36 2 Report of the Special Representative of the Secretary-General for human rights in Cambodia, Yash Ghai

General series documents for the fifth session Symbol Agenda

item

A/HRC/5/1 1 Provisional agenda

A/HRC/5/1/Add.1 1 Annotations to the provisional agenda

A/HRC/5/2 2 Note by the Secretariat on the report of the independent expert appointed by the Secretary-General on the situation of human rights in Somalia

A/HRC/5/3 2 Report of the independent expert on the question of human rights and extreme poverty, Arjun Sengupta

A/HRC/5/4 2 Note by the Secretariat on the report of the Special Rapporteur on the situation of human rights in the Sudan, Sima Samar

A/HRC/5/5 2 Report of the Special Rapporteur on adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights

A/HRC/5/5/Add.1 2 ____________: preliminary note on the mission to Ukraine

A/HRC/5/6 2 Report on the situation of human rights in Darfur prepared by the group of experts mandated by Human Rights Council resolution 4/8 presided by the Special Rapporteur on the situation of human rights in the Sudan and composed of the Special Representative of the Secretary-General for children and armed conflict, the Special Rapporteur on extrajudicial, summary or arbitrary executions,

General series documents for the fifth session (continued) Symbol Agenda

item

the Special Representative of the Secretary-General on the situation of human rights defenders, the Representative of the Secretary-General on the human rights of internally displaced persons, the Special Rapporteur on the question of torture and the Special Rapporteur on violence against women, its causes and consequences

A/HRC/5/7 2 Report of the Office of the High Commissioner for Human Rights on the right to the truth

A/HRC/5/8 2 Progress reports and studies relevant to human rights and arbitrary deprivation of nationality: note by the Secretariat

A/HRC/5/9 Report of the United Nations High Commissioner for Human Rights on the follow-up to the report of the Commission of Inquiry on Lebanon

A/HRC/5/10 2 Political platforms which promote or incite racial discrimination: updated study by the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Doudou Diène

A/HRC/5/11 2 Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, John Dugard, on the non-implementation of Human Rights Council resolution S-1/1

A/HRC/5/12 2 Intersessional open-ended intergovernmental working group on the agenda, annual programme of work, methods of work and rules of procedure of the Human Rights Council established pursuant to Council resolution 3/4: non-paper on working methods and rules of procedure prepared under the authority of the facilitator, Mr. Enrique A. Manalo (Philippines), 27 April 2007

A/HRC/5/13 2 ____________: non-paper on the agenda and annual programme of work prepared under the authority of the facilitator, Mr. Carlos Ramiro Martinez (Guatemala), 27 April 2007

General series documents for the fifth session (continued) Symbol Agenda

item

A/HRC/5/14 2 Intersessional open-ended intergovernmental Working Group to develop the modalities of the universal periodic review mechanism established pursuant to Human Rights Council decision 1/103: non-paper on the universal periodic review mechanism prepared under the authority of the facilitator and Vice-President of the Human Rights Council, Mr. Mohammed Loulichki (Morocco), 27 April 2007

A/HRC/5/15 2 Inter-sessional open-ended intergovernmental working group on the implementation of operative paragraph 6 of General Assembly resolution 60/251 established pursuant to Human Rights Council decision 1/104: non-paper on the complaint procedure prepared under the authority of the facilitator, H.E. Mr. Blaise Godet (Switzerland), 27 April 2007

A/HRC/5/16 2 ____________: non-paper on expert advice prepared under the authority of the facilitator and Vice-President of the Human Rights Council, Mr. Mousa Barayzat (Jordan), 27 April 2007

A/HRC/5/17 2 __________: non-paper on special procedures prepared under the authority of the facilitator, Mr. Thomáš Husák (Czech Republic), 17 April 2007

A/HRC/5/18 2 Letter dated 18 May 2007 addressed by the Rector of the United Nations University to the President of the Human Rights Council

A/HRC/5/19 2 Letter dated 14 June 2007 addressed by the Chairperson of the Coordination Committee of Special Procedures to the President of the Human Rights Council

A/HRC/5/20 2 Report of the High-Level Fact-Finding Mission to Beit Hanoun established under resolution S-3/1

A/HRC/5/SR.1-9 and Add.1 2 Summary records of meetings held by the Human Rights Council at its fifth session

Documents issued in the limited series

Symbol Agenda item

A/HRC/5/L.2 2 Institution-building of the United Nations Human Rights Council

A/HRC/5/L.3/Rev.1 2 Code of Conduct for Special Procedures Mandate-holders of the Human Rights Council

A/HRC/5/L.4 2 Report of the United Nations High Commissioner for Human Rights on the follow-up to the report of the Commission of Inquiry on Lebanon

A/HRC/5/L.5 2 Human rights situation in the Occupied Palestinian Territory: follow-up to Human Rights Council resolutions S-1/1 and S-3/1

A/HRC/5/L.6 2 Follow-up to resolution 4/8 of 30 March 2007 adopted by the Human Rights Council at its fourth session entitled “Follow-up to decision S-4/101 of 13 December 2006 adopted by the Human Rights Council at its fourth special session entitled ‘Situation of human rights in Darfur’”

A/HRC/5/L.10 2 Draft report of the Human Rights Council

A/HRC/5/L.11 2 Idem

Documents issued in the Government series

Symbol Agenda item

A/HRC/5/G/1 2 Letter dated 24 April 2007 from the Permanent Mission of Cuba to the United Nations Office at Geneva addressed to the President of the Human Rights Council

A/HRC/5/G/2 2 Note verbale dated 3 May 2007 from the Permanent Mission of Turkey to the United Nations Office at Geneva addressed to the Office of the High Commissioner for Human Rights

Documents issued in the Government series (continued)

Symbol Agenda item

A/HRC/5/G/3 2 Note verbale dated 8 June 2007 from the Permanent Mission of Cambodia to the United Nations Office at Geneva addressed to the secretariat of the Human Rights Council

A/HRC/5/G/4 2 Note verbale dated 6 June 2007 from the Permanent Mission of the Syrian Arab Republic to the United Nations Office at Geneva and Specialized Institutions in Switzerland addressed to the President of the Human Rights Council

A/HRC/5/G/5 2 Letter dated 8 June 2007 addressed to the President of the Human Rights Council by the Ambassador and Permanent Representative of the Democratic People’s Republic of Korea to the United Nations Office at Geneva

A/HRC/5/G/6 2 Note verbale dated 11 June 2007 addressed to the secretariat of the Human Rights Council by the Permanent Mission of Turkey to the United Nations Office at Geneva and Other International Organizations in Switzerland

A/HRC/5/G/7 2 Note verbale dated 7 June 2007 addressed to the secretariat of the Human Rights Council by the Permanent Mission of the Republic of the Sudan to the United Nations Office at Geneva and Other International Organizations in Switzerland

A/HRC/5/G/8 2 Note verbale dated 11 June 2007 from the Permanent Mission of Cuba to the United Nations Office at Geneva addressed to the secretariat of the Human Rights Council

A/HRC/5/G/9 2 Note verbale dated 14 June 2007 addressed to the secretariat of the Human Rights Council by the Permanent Mission of Bahrain to the United Nations Office at Geneva

A/HRC/5/G/10 2 Note verbale dated 14 June 2007 addressed by the Permanent Mission of Cyprus to the United Nations Office at Geneva to the secretariat of the Human Rights Council

Documents issued in the Government series (continued)

Symbol Agenda item

A/HRC/5/G/11 2 Letter dated 18 June 2007 from the Permanent Representative of the Democratic People’s Republic of Korea to the United Nations Office at Geneva addressed to the President of the Human Rights Council

A/HRC/5/G/12 2 Note verbale dated 19 June 2007 from the Permanent Mission of the Russian Federation to the United Nations Office at Geneva addressed to the President of the Human Rights Council

A/HRC/5/G/13 2 Letter dated 13 June 2007 from the Ministry of Foreign Affairs of Somalia addressed to the President of the Human Rights Council

Documents issued in the non-governmental organizations series

Symbol Agenda item

A/HRC/5/NGO/1 2 Joint written statement submitted by Cairo Institute for Human Rights Studies (CIHRS), Commonwealth Human Rights Initiative, Conectas Direitos Humanos, International Helsinki Federation for Human Rights (IHF) and Open Society Institute (OSI), non-governmental organizations in special consultative status

A/HRC/5/NGO/2 2 Written statement submitted by Nord Sud XXI, a non-governmental organization in special consultative status

A/HRC/5/NGO/3 2 Idem

A/HRC/5/NGO/4 2 Written statement submitted by UNESCO Centre of Catalonia, a non-governmental organization on the Roster

A/HRC/5/NGO/5 2 Written statement submitted by Franciscans International (FI), a non-governmental organization in general consultative status

Documents issued in the non-governmental organizations series (continued)

Symbol Agenda item

A/HRC/5/NGO/6 2 Written statement submitted by the Asian Legal Resource Centre (ALRC), a non-governmental organization in general consultative status

A/HRC/5/NGO/7 2 Idem

A/HRC/5/NGO/8 2 Idem

A/HRC/5/NGO/9 2 Joint written statement submitted by the International Alliance of Women (IAW), Commission of the Churches on International Affairs of the World Council of Churches (CCIA/WCC), non-governmental organizations in general consultative status, Conscience and Peace Tax International (CPTI), Dominicans for Justice and Peace (Order of Preachers), Federación de Asociaciones de Defensa y Promoción de los Derechos Humanos, Interfaith International, Pax Romana (International Catholic Movement for Intellectual and Cultural Affairs and International Movement of Catholic Students), Temple of Understanding (TOU), Women’s International League for Peace and Freedom (WILPF), Women’s World Summit Foundation (WWSF), World Organization Against Torture, non-governmental organizations in special consultative status, Institute for Planetary Synthesis (IPS), International Peace Bureau, International Society for Human Rights (ISHR), UNESCO Centre Basque Country (UNESCO Etxea) and 3HO Foundation, non-governmental organizations on the Roster

A/HRC/5/NGO/10 2 Written statement submitted by the Mouvement contre le racisme et pour l’amitié entre les peoples (MRAP), a non-governmental organization on the Roster

A/HRC/5/NGO/11 2 Written statement submitted by the Asian Legal Resource Centre (ALRC), a non-governmental organization in general consultative status

Documents issued in the non-governmental organizations series (continued) Symbol Agenda

item

A/HRC/5/NGO/12 2 Written statement submitted by International Educational Development (IED), Inc., a non-governmental organization on the Roster

A/HRC/5/NGO/13 2 Written statement submitted by the Cairo Institute for Human Rights Studies (CIHRS), a non-governmental organization in special consultative status

A/HRC/5/NGO/14 2 Written statement submitted by the International Federation of Human Rights Leagues (FIDH), a non-governmental organization in special consultative status

A/HRC/5/NGO/15 2 Idem

A/HRC/5/NGO/16 2 Idem

A/HRC/5/NGO/17 2 Exposición escrita presentada por la International Federation of Human Rights Leagues (FIDH), organización no gubernamental reconocida como entidad consultiva especial

A/HRC/5/NGO/18 2 Idem

A/HRC/5/NGO/19 2 Written statement submitted by the International Federation of Human Rights Leagues (FIDH), a non-governmental organization in special consultative status

A/HRC/5/NGO/20 2 Idem

A/HRC/5/NGO/21 2 Idem

A/HRC/5/NGO/22 2 Idem

A/HRC/5/NGO/23 2 Idem

A/HRC/5/NGO/24 2 Idem

A/HRC/5/NGO/25 2 Exposé écrit par la Federation Internationale des Ligues des Droits de L’homme (FIDH), organisation non gouvernementale dotée du statut consultatif spécial

Documents issued in the non-governmental organizations series (continued)

Symbol Agenda item

A/HRC/5/NGO/26 2 Written statement submitted by the Commonwealth Human Rights Initiative, a non-governmental organization in the special consultative status

A/HRC/5/NGO/27 2 Joint written statement submitted by Europe-Third World Centre, World Federation of Trade Unions (WFTU), non-governmental organizations in general consultative status, and Mouvement contre le Racisme et pour l’Amitié entre les Peuples (MRAP), a non-governmental organization on the Roster

A/HRC/5/NGO/28 2 Written statement submitted by the International NGO Forum on Indonesian Development (INFID), a non-governmental organization in special consultative status

A/HRC/5/NGO/29 2 Written statement submitted by Foodfirst Information and Action Network - FIAN, a non-governmental organization on the Roster

A/HRC/5/NGO/30 2 Exposé écrit par le Mouvement contre le racisme et pour l’amitié entre les peuples (MRAP) organisation non gouvernementale inscrite sur la Liste

A/HRC/5/NGO/31 2 Written statement submitted by Conectas Direitos Humanos, a non-governmental organization in special consultative status

A/HRC/5/NGO/32 2 Joint written statement submitted by the American Indian Law Alliance (AILA), the Assembly of First Nations - National Indian Brotherhood (AFN), the Foundation for Aboriginal and Islander Research Action (FAIRA), the Indigenous World Association (IWA), the International Indian Treaty Council (IITC), the International Organization of Indigenous Resources Development (IOIRD), the Native Women’s Association of Canada, the Union of British Columbia Indian Chiefs, non-governmental organizations in special consultative status, and the Asociación Kunas Unidos por Napguana, a non-governmental organization on the Roster

Documents issued in the non-governmental organizations series (continued)

Symbol Agenda item

A/HRC/5/NGO/33 2 Idem

A/HRC/5/NGO/34 2 Written statement submitted by the International Indian Treaty Council (IITC), non-governmental organization in special consultative status

A/HRC/5/NGO/35 2 Idem

A/HRC/5/NGO/36 2 Written statement submitted by the Global Alliance Against Traffic in Women (GAATW), a non-governmental organization in special consultative status

A/HRC/5/NGO/37 2 Joint written statement submitted by Badil Resource Centre for Palestinian Residency and Refugee Rights and Defence for Children International (DCI), non-governmental organizations in special consultative status

A/HRC/5/NGO/38 2 Written statement submitted by the International NGO Forum on Indonesian Development (INFID), a non-governmental organization in special consultative status

A/HRC/5/NGO/39 2 Written statement submitted by the Women’s International League for Peace and Freedom (WILPF), a non-governmental organization in special consultative status

A/HRC/5/NGO/40 2 Written statement submitted by the Hawa Society of Women (HSW), a non-governmental organization in special consultative status

A/HRC/5/NGO/41 2 Written statement submitted by the African-American Society for Humanitarian Aid and Development (ASHAD), a non-governmental organization on the Roster

A/HRC/5/NGO/42 2 Written statement submitted by the Jammu and Kashmir Council for Human Rights (JKCHR), a non-governmental organization in special consultative status

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