H.E. Mr. Desra Percaya
Ambassador/Deputy Permanent Representative
of the Republic of Indonesia to the United Nations, WTO and Other International Organizations
Agenda item 64:
Report of the Human Rights Council
New York, 29 October 2009
Let me begin by reaffirming Indonesia’s commitment to strengthen the role and uphold the credibility of the Human Rights Council in promoting universal respect for and the protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner.
We would also like to thank the Human Rights Council for the report submitted to the General Assembly, contained in document A/64/53.
Last June, the Human Rights Council entered its fourth year cycle. We are heartened to acknowledge that, notwithstanding all the challenges, the Human Rights Council are working in a progressive, determined and promising manner based on the spirit of dialogue and cooperation.
Within a considerably short period of time, the Council has managed to hold 12 regular sessions, 12 special sessions, and 5 sessions of the Universal Periodic Review. It has also set up the institution building package through its Resolution 5/1 and the Code of Conduct for Special Procedures Mandate Holder through Resolution 5/2.
Yet, there remains room for further improvement, among others, the need to uphold 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.
Indonesia values the positive contributions of all special procedures to the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, as well as the need for all mandate-holders to act in an objective, independent, non-selective, impartial and non-politicized manner.
Having said this, Indonesia regrets that there remain cases of incompliance with the provisions of the Code of Conduct for Special Procedures mandate holders.
Therefore, Indonesia is of the view that it is imperativeon the special procedures mandate holders exercise their functions in full respect for and strict observance of their mandates, as outlined in the relevant Human Rights Council resolution, namely Resolution 5/2, as well as to comply with the provisions of the Code of Conduct.
In addition, my delegation would like to particularly highlight a procedural issue concerning the granting of credential of a certain delegation.We are of the view that the Credentials Committee must take a timely decision in granting credentials and to immediately convey its decision to other relevant UN bodies, particularly the Human Rights Council. Such instance was particularly relevant in the case of a UN member stateduring the previous 12th Session of the Human Rights Council. It is pertinent that the Committee takes a proper decision in accordance withthe Rules of Procedure of the General Assembly.
As also continuously recommended by the Council, my delegation reiterates its request to the High Commissioner to enhance the ongoing efforts made in the fulfillment of the goal of a geographical balance in the composition of the staff of the Office.
My delegation welcomes the recommendations submitted by the Human Rights Council resulting from its works during this reporting period.
Among others, we welcome the endorsement by the Council of the Guidelines for Alternative Care of Children, and heartened to note that the guidelines include elements on care in emergency situations, as well as tracing and family reintegration.
We welcome the Council’s growing attention to the economic, social and cultural rights, to place them on the same par as the civil and political rights, as reflected in many of its recommendations.
We value the Council’s attention on members of the vulnerable group, including children and juveniles as well as persons with disabilities.
We also welcome the Council’s timely deliberations on the impact of the global economic and financial crisis on the universal realization and effective enjoyment of human rights, made through its 10th Special Session. Let me reiterate what Indonesia underscored during the discussions of this Special Session, “… international cooperation is crucial both in tackling the causes and effects of the financial crisis. Finding the solutions to pulling out of the crises – and learning from it – has to be a multilateral exercise, with the maximum degree of consultation”.
Having reflected upon the Council’s journey thus far, Indonesia would also like to reiterate the point we made last year which we believe it is timely for the Third Committee to pay a greater attention on the division of labor between the Third Committee and the Council.
The Third Committee needs to focus on policy-oriented discussion, to provide strategic policy recommendations to the General Assembly, which will guide the international community, including the Human Rights Council, in further enhancing the promotion and protection of all human rights.
In this context, country-based review should fall under the purview of the Human Rights Council, through its established mechanisms, particularly the Universal Periodic Review, which is consistent to UNGA Resolution 60/251 and Human Rights Council Resolution 5/1.
Indonesia considers the UPR, as envisaged in the GA Resolution 60/251 and elaborated in the Human Rights Council’s resolution 5/1, as pertinent and relevant in the collective efforts to promote and protect human rights through dialogue and cooperation.
Indonesia acknowledges that the UPR has thus far proven to be a significant success following the review of 80 States in five sessions of the UPR Working Group. In effect, the UPR has, among others, enabled some notable increases in the following: the number of standing invitations to Special Rapporteurs; the establishment and improvement of national human rights institutions; the interactions and cooperation between governments and national human rights institutions, civil society organizations, local NGOs and various other relevant stakeholders.
My delegation believes that the most effective elements of this mechanism will be duly recognized when the second cycle of the UPR commences in four years time, when States will be in a position to report to the HRC with regard to the implementation of the recommendations that were made. Hence, Indonesia is not only committed to the universality, transparency and inclusiveness of the mechanism, but also to its immense potential towards the promotion and protection of human rights throughout the world.
Finally, my delegation places considerable importance to the ranges of thematic issues of human rights. We are of the view that the Council must refrain from broadening and proliferating thematic issues which may eventually diminishes the focus of the work of the Council.
I thank you, Mr. Chairman.
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