Statement by Ambassador Amjad Hussain B. Sial, Deputy Permanent Representative of Pakistan to the United Nations Under agenda item 69 "Promotion and Protection of Human Rights" 26 October 2009.

Mr. Chairperson,

Last year we celebrated the sixtieth anniversary of the adoption of the Universal Declaration of Human Rights (UDHR). Since the adoption of UDHR, international community has come a long way in evolving normative and institutional framework for promotion and protection of human rights. The Vienna Declaration and Programme of Action (VDPA) helped to establish the normative bridge between the UDHR and all other human rights instruments.

While the Universal Declaration of Human Rights affirmed “inherent dignity” and “equal and inalienable rights” of all members of the human family to be the foundation of “freedom, justice and peace in the world”, the central message of Vienna conference placed human person as the central subject of human rights and fundamental freedoms.

Mr. Chairperson,

The implementation of international human rights instruments will remain an uphill struggle as millions of people continue to endure conflicts across the world, especially in the poorest countries - sparked and sustained by the politics of scarcity, greed and exploitation. Millions continue to suffer under the yoke of foreign occupation, and are denied the fundamental freedom and right encompassed in the Charter and in the first article of two International Covenants - the right to self-determination.

Mr. Chairperson,

The first Article of Universal Declaration of Human Rights affirmed that "all human beings are born free and equal in dignity and rights". It signifies the correlation between civil and political rights on the one hand and economic, social and cultural rights on the other. We must give equal attention to economic and social as well as political rights. While we reaffirm the universality, indivisibility and interdependence of all the human rights, in reality the existing international order continues to be led by selectivity, economic and political exploitation. Full enjoyment of human rights is bound to happen only if diverse stakeholders guided by the common aim of promotion and protection of human rights join together to affirm their leadership and commitment to human rights. Political considerations need to be separated from the promotion and protection of human rights.

The important question remains the level of success achieved by the international community in implementing the human rights instruments and securing human rights of all regardless of race, religion, sex, nationality or economic class. One-third of the world's population lives in abject poverty, twenty thousand people die every day from hunger, poverty and preventable diseases have been further aggravated by the ongoing food and financial crises. The successful implementation of human rights instruments will remain an illusive dream till poverty alleviation becomes the central theme of the human rights mechanism. The freedom to live in dignity cannot be realized unless the majority of the population is able to enjoy the benefits of globalization which have been primarily limited to a privileged few.

The implementation of the Right to Development is a way out to address the plight of millions aspiring to be lifted out of poverty. It is indeed a matter of deep concern that even two decades after the adoption of the Declaration, little progress has been made by the international community towards its realization.

Mr. Chairperson,

Human rights are in constant movement. While they should express absolute timeless injunctions, they need to reflect the development of history. It cannot remain frozen in time. There are emerging challenges and issues which need to be addressed by the international human rights law. The growing trends of racism, racial and religious discrimination including xenophobic tendencies are threatening the multi-cultural fabric of many of our societies. Negative stereotyping or defamation of religions is a contemporary manifestation of religious hatred, discrimination and xenophobia.

While this freedom of expression is sacrosanct, it must not be exploited to defame any religion and to incite thereby violence against its followers. This defamation applies not only to individuals but also to the religion and belief systems. It results in negative stereotyping of the followers of those religions and beliefs and leads to incitement, discrimination, hatred and violence against them, hence directly affecting their human rights. There is a need to address the excess being committed in the name of freedom of expression and opinion and arrive at a consensus and in particular look at how we can jointly tackle this phenomenon.

Mr. Chairperson,

We have listened to different Special Rapporteurs and look forward to hear those who will be coming to the Committee during the course of next few days. The dialogue with them provides an opportunity to listen to their views and work done by them within their mandate. Special Procedure hold the trust of this house and that of millions of people with the responsibility to report on their mandates relating to promotion and protection of human rights under carefully crafted inter-governmentally agreed mandates.

We have noted that some of the reports of the Special Rapporteurs convey politically motivated perspectives and are inspired to please a particular point of view. This runs contrary to the Special Procedures mandate. Special Procedures is a vital element of the international human rights architecture for promotion and protection of human rights of all. We expect that the Special Procedures as per their mandates “ensure that their personal political opinions are without prejudice to the execution of their mandate” and not “undermine the independent nature of their mandate.”

Mr. Chairperson,

Pakistan’s Constitution is built on the principle of equal rights and equal treatment of all citizens and persons without any distinction. It guarantees fundamental rights and freedoms, including social, economic and political justice, freedom of thought, expression, belief, faith, worship and association. It directs the state to take appropriate measures to enable women to participate in all spheres of life and community activities, and safeguard the rights and interests of the minorities.

The aspirations of our constitution and people is for a modern, moderate and democratic polity that would uphold all human rights and foster respect especially for the rights of women, children and minorities.

Mr. Chairperson,

Pakistan is a State party to several human rights instruments including International Covenant on Economic, Social and Cultural Rights , Convention on Elimination of Racial Discrimination (ICERD), Convention on Elimination of Discrimination against Women (CEDAW), Convention on the Rights of the Child (CRC), minimum age for employment, elimination of the worst form of child labour, and combating trafficking of women and girls.We have also signed the International Covenant on Civil and Political Rights; Convention Against Torture (CAT) and Convention on the Rights of Persons with Disabilities. Joining these international human rights instruments reflect the priorities of the democratic government of Pakistan to ensure promotion and protection of human rights.

Pakistan has a separate Ministry of Human Rights which monitors and addresses human rights violations and trends, with special reference to women, minorities and vulnerable segments of society. Elaborate groundwork has been done for establishment of National Commission on Human Rights (NCHR). The NCHR will be in accordance with the Paris Principles and would help in combating human rights violations and fulfilling the international obligations.

Mr. Chairperson,

In the past two years Pakistan has made an impressive transition to democracy. Today Pakistan has a sovereign Parliament, an independent judiciary, a free media, and a vibrant civil society. The democratically elected government has a citizen-centric vision of our society.

Our media is one of the freest and most vibrant media in South Asia, an increased number of private and independent channels are operating in the country than ever before. The media, besides aggressively monitoring the government policies, has also worked zealously to raise awareness in the masses of their human rights.

There has been a perceptible increase in the number and influence of civil society in providing alternate view and safeguarding the human rights in the country. The civil society is playing a key role in fostering a culture of accountability and transparency in the formulation and implementation of policies on human rights and assisting in changing societal attitudes.

Similarly our independent judiciary has taken wide ranging steps to guarantee protection of constitutional rights of all citizens even by taking suo motto actions in a number of cases.

Mr. Chairperson,

Today, the world, in particular our region is faced with the challenges of extremism and terrorism. Pakistan is determined to eliminate these evils from its soil, as they are alien to our ethos. The entire nation is united in its determination to root out these menaces through a comprehensive and effective strategy. We have registered success in the fight against terror. We have through national efforts dealt effectively with the issue of dislocation arising out of the law enforcement action. We are also grateful for the generous support and assistance of our friends and partners in the international community.

Mr. Chairperson,

While there are many complex challenges ahead, the democratically elected government in Pakistan is determined to pursue the legacy of our founding father Mohammad Ali Jinnah which is of tolerance, respect and moderation, and to translate these into a culture for the promotion and protection of human rights in all spheres of life.

I thank you Mr Chairperson.