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Cuba denounces political manipulation of Human Rights Commission

Statement by Mr. Juan Antonio Fernández Palacios Representative of the Republic of Cuba

Agenda item 3: Organization of the work of the session
Geneva, 15 March 2004

Mr. Chairman:

I congratulate you on your election. I also take this opportunity to express our recognition to Ambassador Najat Al-Hajjaji, who did an excellent job in leading the work of the 59th Session of this Commission. We keep fond memories of her Chairpersonship. Perhaps, no one like her had to overcome huge difficulties. And Ambassador Najat displayed wisdom, talent and dedication.

Mr. Chairman:

The 60th Session should be the appropriate occasion for a critical reflection on the situation in which this Commission is, weighed down by its lack of credibility. The Commission on Human Rights have been kidnapped by the interests of a small, but powerful group of countries which have turned it into a sort of Inquisition tribunal in order to get political advantages, point their accusing finger at developing countries and try to silence the voices that dare to dissent from the current unipolar world order.

Like every year, even before our work begins, the news disseminated by the media transnationals of power were only referring to country cases –some already known out of the tedious routine, and others new, which were to join the list of the likely condemned-- that were the focus of attention by this Commission. Seldom, if ever, was any other item of our thick agenda mentioned.

What does this mean? Nothing we did not know already. To the western countries, this Commission’s raison d'etre is not pursuing the promotion and protection of human rights through dialogue and cooperation. Their goals and objectives are others. They are only interested in agenda item 9, which should theoretically focus on the “question of human rights violations in any part of the world”. The truth is that this item could have changed its title some years ago to “question of violation of human rights in any part of the Third World". How not to say it straightforwardly, if never in its almost 60 years has this Commission paid any attention to a single case of human rights violations that continue to take place in the countries of the rich and industrialized North!

Is this international cooperation! Is this a legitimate way to defend the universality of democratic values and respect for human rights? Would this be the suggested way in order to deal with this issue with objectivity, impartiality and without discrimination?

Would it be possible for this Commission to show its concern vis-à-vis the very serious violations of human rights that the main industrial powers are accountable for, and in particular, those stemming from the imperialist adventures of the hegemonic superpower?

Of course NOT. We know all too well the fate of any proposal against any of them. It would die before coming to life or otherwise fail in face of the gross pressures and the accomplice vote of their allies.

It seems the time has come to say Enough! and change the rules of the game. Our strength lies in unity. None of us, alone, could face the world centers of power, which do not hesitate to resort to all its capacity for coercion and threats in order to impose their views.

Mr. Chairman:

The main challenges posed to this Commission are not, in essence, organizational, technical or procedural. The problems of this Commission are fundamentally marked by political manipulation, the cynical use of its mechanisms by several industrialized countries in their plans of domination, and the grossest selectivity. Our several organizational and procedural deficiencies are but the practical expression of that very manipulation and the tool with which they try to apply it.

A corollary of this situation is the intent ever more evident to dictate rules of conduct aimed at curtailing our action capabilities, homogenizing our thoughts, and setting conditions that tend to pull this body ever farther away from any possibility of debate and respect for differences.

Document E/CN.4/2004/110 revised (Improvement of the organization of work of the Commission) poses a serious peril for the integrity of this body. In its philosophy prevails the intention to continue limiting the intergovernmental nature of the Commission and, particularly, reducing to intolerable limits of the rights of participation, initiative and to speak of the Member and Observer States; which negatively affects the South countries that are permanently judged and condemned.

Mister Chairman:

The industrialized countries interested in continuing the manipulation the Commission like an instrument of domination are the true beneficiaries of these proposals geared to inhibit even more the most effective weapon available to small countries for our defense in this forum: access to the rostrum to speak out the truth and confront ideas, make our cases and denounce a world order, which is evidently more undefendable due to its antidemocratic and unsustainable nature.

Without intending to carry out and exhaustive analysis of deficiencies and omissions, which we will do when the process of consultation and negotiation resumes, we feel the duty to draw attention on five essential issues of document 110 revised.

1. The scope of the Rules agreed by the Economic and Social Council for the work of all its functional commissions is limited and made relative, while seeking to turn into rules and codify the malpractices of this body. Every direct or indirect attempt to limit the validity of the Rules in force in this Commission cannot have our support. We will not accept that the negative practices of the Commission be established in spite of the letter and spirit of the Rules adopted by our higher organ. We do not have the power to change them. It is that simple. Only the ECOSOC could do it.

2. In barely 3 years, the Member States have seen the time for our statements reduced in over 30%. To cap it all, this year we are also invited to voluntarily limit the number of our interventions not only in the general debate, but also on the content of the various draft resolutions and in the exercise of the right to reply.

3. Particularly dramatic is the situation of Observer States, some with a population of millions, whose benefits received from the Bureau have been less than the Commission’s experts’, and equivalent to that of the actors who occasionally represent merely a few tens of members.

4. Overly disproportionate privilege is given to the time allotment of the so-called interactive dialogue with the system of Special Rapporteurs.

5. In the context of a Commission that is used as a tool to demonize and exert pressure on the South countries, special consideration and greater benefits as regards time allotment should be given to the so-called concerned countries, in conformity with the most elemental principles of due process and legitimate defense.

Based on these and other reasons, Cuba cannot accept document 110, revised. Therefore, Mr. Chairperson, such document does not have consensus. However, the Cuban delegation reiterates its will and expresses its disposition to participate in a broad and transparent process of negotiation which allows us all to reach an agreement.

Thank you very much.

 

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