D. Open-ended Working Group on an optional protocol to the International
Covenant on Economic, Social and Cultural Rights
113. At the 5th meeting, on 4 June 2008, the Chairperson of the Open-ended Working Group on an optional protocol to the International Covenant on Economic, Social and Cultural Rights, Catarina de Albuquerque, presented the report on the fifth session of the Working Group (A/HRC/8/7 and Corr.1).
114. During the ensuing general debate, at the same meeting, the following made statements:
(a) Representatives of States members of the Council: Bangladesh, Brazil, Chile2 (on behalf of the Group of Latin American and Caribbean States), Cuba, Egypt (on behalf of the Group of African States), France, India, Indonesia, Italy, Mexico, Pakistan, Qatar (on behalf of the Group of Arab States), Russian Federation, South Africa, United Kingdom of Great Britain and Northern Ireland;
(b) Observers for the following States: Algeria, Argentina, Austria, Croatia, Ecuador, Finland, Iran (Islamic Republic of), Poland, Portugal, Syrian Arab Republic, Turkey;
(c) Observer for: Holy See;
(d) Observer for a national human rights institution: Commission on Human Rights of the Philippines (also on behalf of the Danish Institute for Human Rights, the German Institute for Human Rights, the Mexican Human Rights Commission and the National Consultative Commission on Human Rights of France);
(e) Observers for non-governmental organizations: Amnesty International, Colombian Commission of Jurists, Europe-Third World Centre (also on behalf of Mouvement contre le racisme et pour l’amitié entre les peuples and the Women’s International League for Peace and Freedom), Foodfirst Information and Action Network (also on behalf of the Asia Pacific Women’s Watch, the Baha’i International Community, the Centre on Housing Rights and Evictions and the International Federation of Human Rights Leagues), Indian Council of South America (also on behalf of the International Human Rights Association of American Minorities and the Union of Arab Jurists), Permanent Assembly for Human Rights.
E. Reports presented under agenda item 3 and general debate on that item Reports prepared by the Office of the United Nations High Commissioner for Human Rights and by the Secretary-General
115. At the 5th meeting, on 4 June 2008, the Director of the Council and Treaties Division of OHCHR introduced reports prepared by OHCHR and the Secretary-General under item 3 (A/HRC/8/13, A/HRC/8/11, A/HRC/8/14 and A/HRC/8/9) (see paragraph 78 above).
General debate on agenda item 3
116. At the 6th meeting, on 4 June 2008, the Council held a general debate on the above mentioned reports and on item 3, during which the following made statements:
(a) Representatives of States members of the Council: Indonesia, Italy, Japan, Malaysia, Pakistan (also on behalf of the Organization of the Islamic Conference), Russian Federation, Slovenia (on behalf of the European Union, Albania, Armenia, Bosnia and Herzegovina, Croatia, Georgia, Iceland, Moldova, Montenegro, the former Yugoslav Republic of Macedonia, Turkey and Ukraine), Switzerland (also on behalf of Denmark, Germany, Liechtenstein, the Netherlands and Sweden);
(b) Observers for the following States: Morocco, Oman;
(c) Observers for non-governmental organizations: American Association of Jurists, Asian Forum for Human Rights and Development (Forum-Asia), Centrist Democratic International, Federación de Asociaciones de Defensa y Promoción de los Derechos Humanos, France Libertés: Fondation Danielle Mitterand, Indian Council of South America, Indian Movement Tupaj Amaru, International Educational Development, Inc., Interfaith International, International Human Rights Association of American Minorities, International Movement against All Forms of Discrimination and Racism (also on behalf of Anti-Slavery International, the Asian Forum for Human Rights and Development, the Asian Legal Resource Centre, Human Rights Watch, the Lutheran World Federation, Minority Rights Group and Pax Romana), International NGO Forum on Indonesian Development, International PEN, Liberation, the Mbororo Social and Cultural Development Association, Nord-Sud XXI, the Society for Threatened Peoples, Union de l’action feminine, Union of Arab Jurists (also on behalf of the Arab Lawyers Union, the Society for Threatened Peoples, the Indian Council of South America, the International Association of Democratic Lawyers, the International Organization for the Elimination of All Forms of Racial Discrimination, the General Arab Women Federation and the United Towns Agency for North-South Cooperation).
117. At the same meeting, statements in exercise of the right of reply were made by the representatives of China, India, Pakistan, Sri Lanka and Zimbabwe.
F. Consideration and action on draft proposals Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
118. At the 27th meeting, on 18 June 2008, the representative of Portugal introduced draft resolution A/HRC/8/L.2/Rev.1/Corr.1, sponsored by Portugal and co-sponsored by Belgium, Bosnia and Herzegovina, Chile, Croatia, Ecuador, Finland, France, Germany, Guatemala, Honduras, Italy, Mexico, Montenegro, Panama, Peru, Portugal, Slovenia, Spain, the former Yugoslav Republic of Macedonia, Timor-Leste, Ukraine and Uruguay. Subsequently, Angola, Armenia, Azerbaijan, Bolivia, Bulgaria, Burkina Faso, Colombia, Cuba, Djibouti, Egypt, Ethiopia, Mali, Morocco, Nicaragua, Senegal, Slovakia, Uganda and Venezuela (Bolivarian Republic of) joined the sponsors.
119. At the same meeting, general comments in connection with the draft resolution were made by the representatives of Canada, China, Egypt, Germany, Mexico (on behalf of Chile and States members of the Group of Latin American and Caribbean States that are members of the Council), the Philippines, Qatar (on behalf of States members of the Group of Arab States that are members of the Council), Romania, the Russian Federation, Switzerland and the United Kingdom of Great Britain and Northern Ireland.
120. Statements in explanation of vote before the vote were made by the representatives of Pakistan and South Africa.
121. The draft resolution was adopted without a vote.
122. At the same meeting, general comments in connection with the adoption of the resolution were made by observers for Algeria, Australia, Denmark, Ireland, Morocco, the Sudan, the Syrian Arab Republic and Turkey. At the 28th meeting, on the same day, a statement in explanation of vote after the vote was made by the representative of Japan (for the text as adopted, see part one, chap. I, resolution 8/2).
Mandate of the Special Rapporteur on extrajudicial, summary or arbitrary executions
123. At the 28th meeting, on 18 June 2008, the representative of Sweden introduced draft resolution A/HRC/8/L.4/Rev.1, sponsored by Sweden and co-sponsored by Albania, Argentina, Austria, Belgium, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Cyprus, the Czech Republic, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Guatemala, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Mexico, the Netherlands, New Zealand, Norway, Panama, Peru, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia, Timor Leste, the United Kingdom of Great Britain and Northern Ireland and Uruguay. Subsequently, Armenia, Bosnia and Herzegovina, Colombia, Israel, Nicaragua, Serbia, Ukraine and Venezuela (Bolivarian Republic of) joined the sponsors.
124. At the same meeting, the representative of Sweden orally revised the draft resolution by deleting paragraph 7 (b).
125. In accordance with rule 153 of the rules of procedure of the General Assembly, the attention of the Council was drawn to the estimated administrative and programme budget implications of the draft resolution (see annex II).
126. Statements in explanation of vote before the vote were made by the representatives of Egypt (on behalf of States members of the Group of African States that are members of the Council) and Pakistan (on behalf of States members of the Organization of the Islamic Conference that are members of the Council).
127. The draft resolution, as orally revised, was adopted without a vote (for the text as adopted, see part one, chap. I, resolution 8/3).
The right to education
128. At the 28th meeting, on 18 June 2008, the representative of Portugal introduced draft resolution A/HRC/8/L.5, sponsored by Portugal and co-sponsored by Albania, Argentina, Austria, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Bulgaria, Canada, Costa Rica, Croatia, Cyprus, the Czech Republic, Chile, Denmark, Estonia, Finland, France, Greece, Honduras, Hungary, Ireland, Italy, Latvia, Liechtenstein, Luxembourg, Mexico, Montenegro, the Netherlands, Norway, Panama, Peru, Poland, the former Yugoslav Republic of Macedonia, Romania, Serbia, Slovakia, Slovenia, Spain, Switzerland, Timor-Leste, the United Kingdom of Great Britain and Northern Ireland and Uruguay. Subsequently, Andorra, Angola, Armenia, Azerbaijan, Bangladesh, Brazil, Burkina Faso, Cameroon, Côte d’Ivoire, Cuba, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Germany, Guatemala, Haiti, Iceland, Israel, Japan, Lesotho, Lithuania, Madagascar, Malta, Monaco, Morocco, Mozambique, Nicaragua, Nigeria, Pakistan, the Republic of Korea, the Russian Federation, Senegal, Sri Lanka, Sweden, Thailand, Tunisia, Ukraine, the United Republic of Tanzania, Venezuela (Bolivarian Republic of), Viet Nam and Zambia joined the sponsors.
129. At the same meeting, the representative of Portugal orally revised the draft resolution by modifying subparagraphs (a) and (d) of paragraph 9.
130. In accordance with rule 153 of the rules of procedure of the General Assembly, the attention of the Council was drawn to the estimated administrative and programme budget implications of the draft resolution (see annex II).
131. The draft resolution, as orally revised, was adopted without a vote (for the text as adopted, see part one, chap. I, resolution 8/4).
Promotion of a democratic and equitable international order
132. At the 28th meeting, on 18 June 2008, the representative of Cuba introduced draft resolution A/HRC/8/L.6, sponsored by Cuba and co-sponsored by Algeria, Bolivia, the Democratic People’s Republic of Korea, Nicaragua and Nigeria. Subsequently, Bangladesh, Belarus, China, Congo, the Democratic Republic of the Congo, Djibouti, Iran (Islamic Republic of), Pakistan, the Sudan, the Syrian Arab Republic, Venezuela (Bolivarian Republic of) and Zimbabwe joined the sponsors.
133. At the same meeting, the representative of Cuba orally revised the draft resolution by adding a new second preambular paragraph and modifying paragraph 3 (m).
134. A statement in explanation of vote before the vote was made by the representative of Slovenia (on behalf of States members of the European Union that are members of the Council).
135. At the request of the representative of Slovenia (on behalf of States members of the European Union that are members of the Council), a recorded vote was taken on the draft resolution. The draft resolution, as orally revised, was adopted, by 32 votes to 13, with 2 abstentions. The voting was as follows:
In favour: Angola, Azerbaijan, Bangladesh, Bolivia, Brazil, Cameroon, China, Cuba, Djibouti, Egypt, Gabon, Guatemala, India, Indonesia, Jordan, Madagascar, Malaysia, Mali, Mauritius, Nicaragua, Nigeria, Pakistan, Peru, Philippines, Qatar, Russian Federation, Saudi Arabia, Senegal, South Africa, Sri Lanka, Uruguay, Zambia.
Against: Bosnia and Herzegovina, Canada, France, Germany, Italy, Japan, Netherlands, Republic of Korea, Romania, Slovenia, Switzerland, Ukraine, United Kingdom of Great Britain and Northern Ireland.
Abstaining: Ghana,3 Mexico.
136. For the text as adopted, see part one, chap. I, resolution 8/5.
Mandate of the Special Rapporteur on the independence of judges and lawyers
137. At the 28th meeting, on 18 June 2008, the representative of Hungary introduced draft resolution A/HRC/8/L.7 sponsored by Hungary and co-sponsored by Albania, Argentina, Austria, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Honduras, Iceland, India, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Montenegro, the Netherlands, New Zealand, Norway, Panama, Peru, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia, Turkey, the United Kingdom of Great Britain and Northern Ireland and Uruguay. Subsequently, Andorra, Armenia, Australia, the Dominican Republic, Poland, the Russian Federation, Ukraine and Venezuela (Bolivarian Republic of) joined the sponsors.
138. In accordance with rule 153 of the rules of procedure of the General Assembly, the attention of the Council was drawn to the estimated administrative and programme budget implications of the draft resolution (see annex II).
139. The draft resolution was adopted without a vote (for the text as adopted, see part one, chap. I, resolution 8/6).
Mandate of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises
140. At the 28th meeting, on 18 June 2008, the representative of India introduced draft resolution A/HRC/8/L.8, sponsored by Norway and co-sponsored by Argentina, India, Nigeria, Panama and the Russian Federation. Subsequently, Andorra, Angola, Australia, Austria, Belgium, Bolivia, Brazil, Bulgaria, Canada, Chile, Colombia, Cuba, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Guatemala, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Mexico, the Netherlands, Nicaragua, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, the United Kingdom of Great Britain and Northern Ireland and Venezuela (Bolivarian Republic of) joined the sponsors.
141. At the same meeting, the representative of India orally revised the draft resolution by modifying the sixth and seventh preambular paragraphs and operative paragraphs 1, 2, 4 (a), (e) and (g) and 6.
142. In accordance with rule 153 of the rules of procedure of the General Assembly, the attention of the Council was drawn to the estimated administrative and programme budget implications of the draft resolution (see annex II).
143. At the same meeting, a general comment in connection with the adoption of the draft resolution was made by the representative of Slovenia, on behalf of the European Union.
144. Also at the same meeting, a statement in explanation of vote before the vote was made by the representative of South Africa.
145. The draft resolution, as orally revised, was adopted without a vote. At the same meeting, a statement in explanation of vote after the vote was made by the representative of Japan (for the text as adopted, see part one, chap. I, resolution 8/7).
Torture and other cruel, inhuman or degrading treatment or punishment
146. At the 28th meeting, on 18 June 2008, the representatives of Denmark introduced draft resolution A/HRC/8/L.9, sponsored by Albania, Argentina, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Chile, Costa Rica, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Guatemala, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Panama, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia, the United Kingdom of Great Britain and Northern Ireland and Uruguay. Subsequently, Armenia, Australia, Bolivia, Brazil, Cameroon, Côte d’Ivoire, Ecuador, Egypt, Iceland, Israel, Japan, Monaco, Montenegro, Morocco, Peru, the Republic of Korea, Timor-Leste, Turkey, Ukraine and Venezuela (Bolivarian Republic of) joined the sponsors.
147. In accordance with rule 153 of the rules of procedure of the General Assembly, the attention of the Council was drawn to the estimated administrative and programme budget implications of the draft resolution (see annex II).
148. At the same meeting, a general comment in connection with the adoption of the draft resolution was made by the representative of Jordan.
149. The draft resolution was adopted without a vote (for the text as adopted, see part one, chap. I, resolution 8/8).
Promotion of the right of peoples to peace
150. At the 28th meeting, on 18 June 2008, the representative of Cuba introduced draft resolution A/HRC/8/L.13, sponsored by Cuba and co-sponsored by Algeria, Angola, Belarus, Bolivia, China, Honduras, Kenya, Nicaragua, Nigeria, Panama, the Sudan, Uruguay and Venezuela (Bolivarian Republic of). Subsequently, Cameroon, the Democratic People’s Republic of Korea, the Democratic Republic of the Congo, Djibouti, Gabon, Haiti, Iran (Islamic Republic of), the Lao People’s Democratic Republic, the Libyan Arab Jamahiriya, Qatar, the Syrian Arab Republic, Tunisia, Uganda, Viet Nam and Zimbabwe joined the sponsors.
151. In accordance with rule 153 of the rules of procedure of the General Assembly, the attention of the Council was drawn to the estimated administrative and programme budget implications of the draft resolution (see annex II).
152. A statement in explanation of vote before the vote was made by the representative of Slovenia (on behalf of States members of the European Union that are members of the Council).
153. At the request of the representative of Slovenia (on behalf of States members of the European Union that are members of the Council), a recorded vote was taken on the draft resolution. The draft resolution was adopted, by 32 votes to 13, with 2 abstentions. The voting was as follows:
In favour: Angola, Azerbaijan, Bangladesh, Bolivia, Brazil, Cameroon, China, Cuba, Djibouti, Egypt, Gabon, Ghana, Guatemala, Indonesia, Jordan, Madagascar, Malaysia, Mali, Mauritius, Nicaragua, Nigeria, Pakistan, Peru, Philippines, Qatar, Russian Federation, Saudi Arabia, Senegal, South Africa, Sri Lanka, Uruguay, Zambia.
Against: Bosnia and Herzegovina, Canada, France, Germany, Italy, Japan, Netherlands, Republic of Korea, Romania, Slovenia, Switzerland, Ukraine, United Kingdom of Great Britain and Northern Ireland.
Abstaining: India, Mexico.
154. For the text as adopted, see part one, chap. I, resolution 8/9.
Human rights of migrants: mandate of the Special Rapporteur on the human rights of migrants
155. At the 28th meeting, on 18 June 2008, the representative of Mexico introduced draft resolution A/HRC/8/L.14, sponsored by Mexico and co-sponsored by Albania, Algeria, Argentina, Benin, Bolivia, Brazil, Costa Rica, Cuba, Chile, Ecuador, Egypt, Guatemala, Honduras, Indonesia, Montenegro, Mozambique, Nicaragua, Nigeria, Panama, Peru, the Philippines, Turkey and Uruguay. Subsequently, Armenia, Azerbaijan, Bangladesh, Bosnia and Herzegovina, Colombia, El Salvador, Kenya, Madagascar, Morocco, Nicaragua, Senegal, Serbia, Sri Lanka, Tunisia and Venezuela (Bolivarian Republic of) joined the sponsors.
156. In accordance with rule 153 of the rules of procedure of the General Assembly, the attention of the Council was drawn to the estimated administrative and programme budget implications of the draft resolution (see annex II).
157. At the same meeting, a statement in explanation of vote before the vote was made by the representative of Slovenia (on behalf of States members of the European Union that are members of the Council).
158. The draft resolution was adopted without a vote (for the text as adopted, see part one, chap. I, resolution 8/10).
Human rights and extreme poverty
159. At the 28th meeting, on 18 June 2008, the representative of France introduced draft resolution A/HRC/8/L.16, sponsored by France and co-sponsored by Albania, Andorra, Argentina, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Costa Rica, Croatia, Cuba, Cyprus, the Czech Republic, Chile, Denmark, Estonia, Finland, Germany, Greece, Guatemala, Haiti, Honduras, Ireland, Italy, Lithuania, Luxembourg, Malta, Mexico, Montenegro, Mozambique, the Netherlands, Nicaragua, Norway, Panama, Peru, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Turkey and Uruguay. Subsequently, Armenia, Australia, Canada, Colombia, Côte d’Ivoire, Djibouti, El Salvador, Equatorial Guinea, Gabon, Hungary, Iceland, Israel, Japan, Latvia, Madagascar, Mali, Monaco, Morocco, the Philippines, the Republic of Korea, the Russian Federation, Senegal, Switzerland, Thailand, Timor-Leste, Ukraine, the United Kingdom of Great Britain and Northern Ireland and Venezuela (Bolivarian Republic of) joined the sponsors.
160. At the same meeting, the representative of France orally revised the draft resolution, by modifying the fourth, fifth, seventh and twelfth preambular paragraphs; deleting the sixth, ninth and tenth preambular paragraphs; adding a fourth preambular paragraph; modifying paragraphs 1, 2 (a), (d) and (j) and adding a new subparagraph 2 (b).
161. In accordance with rule 153 of the rules of procedure of the General Assembly, the attention of the Council was drawn to the estimated administrative and programme budget implications of the draft resolution (see annex II).
162. At the same meeting, a statement in explanation of vote before the vote was made by the representative of South Africa.
163. The draft resolution, as orally revised, was adopted without a vote (for the text as adopted, see part one, chap. I, resolution 8/11).
164. At the same meeting, a general comment in connection with the adoption of the draft resolution was made by the representative for the Sudan.
Mandate of the Special Rapporteur on trafficking in persons, especially women and children
165. At the 28th meeting, on 18 June 2008, the representatives of Germany and the Philippines introduced draft resolution A/HRC/8/L.17, sponsored by Germany and the Philippines and co sponsored by Albania, Belarus, Belgium, Bosnia and Herzegovina, Costa Rica, Croatia, Cyprus, the Czech Republic, Denmark, Finland, France, Guatemala, Honduras, Indonesia, Italy, Latvia, Lithuania, Luxembourg, Montenegro, Netherlands, Panama, Peru, Portugal, Serbia, Slovakia, Slovenia, Spain, Sri Lanka, the former Yugoslav Republic of Macedonia, Turkey, Uruguay and Viet Nam. Subsequently, Andorra, Angola, Armenia, Australia, Austria, Bangladesh, Benin, Bolivia, Brazil, Bulgaria, Burkina Faso, Cambodia, Chile, Colombia, Congo, Côte d’Ivoire, Cuba, Egypt, El Salvador, Estonia, Gabon, Greece, Ireland, Israel, Japan, the Lao People’s Democratic Republic, Lesotho, Liechtenstein, Maldives, Monaco, Morocco, Nicaragua, Nigeria, Norway, Poland, Qatar, the Republic of Korea, Romania, Senegal, Sweden, Switzerland, Thailand, Timor-Leste, Ukraine, the United Republic of Tanzania, Venezuela (Bolivarian Republic of) and Zimbabwe joined the sponsors.
166. In accordance with rule 153 of the rules of procedure of the General Assembly, the attention of the Council was drawn to the estimated administrative and programme budget implications of the draft resolution (see annex II).
167. The draft resolution was adopted without a vote (for the text as adopted, see part one, chap. I, resolution 8/12).
Elimination of discrimination against persons affected by leprosy and their family members
168. At the 28th meeting, on 18 June, the representative of Japan introduced draft resolution A/HRC/8/L.18, sponsored by Japan and co-sponsored by Andorra, Bangladesh, Bolivia, Brazil, Chile, Cuba, Djibouti, Egypt, Finland, Greece, Guatemala, Indonesia, Ireland, Maldives, Mauritius, Montenegro, the Netherlands, Philippines, Romania, Slovenia, Spain, Sri Lanka and Venezuela (Bolivarian Republic of). Subsequently, Australia, Austria, Bhutan, Bosnia and Herzegovina, Bulgaria, Cameroon, China, Colombia, Cyprus, the Czech Republic, Denmark, Estonia, Germany, Honduras, Israel, Italy, Jordan, Madagascar, Mali, Nepal, Nicaragua, Nigeria, Pakistan, Portugal, the Republic of Korea, Saudi Arabia, Senegal, Serbia, Slovakia, Thailand, Timor-Leste, Turkey, Uganda, Ukraine and the United Kingdom of Great Britain and Northern Ireland joined the sponsors.
169. At the same meeting, the representative of Japan orally revised the draft resolution by modifying the sixth preambular paragraph and paragraph 1.
170. The draft resolution, as orally revised, was adopted without a vote (for the text as adopted, see part one, chap. I, resolution 8/13).
171. A statement in explanation of vote after the vote was made by the representative of Japan.
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