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Statement on the Inauguration of the UN Human Rights Council
Human Rights Trust of Southern Africa (SAHRIT)
July 13, 2006

The Human Rights Trust of Southern Africa (SAHRIT) welcomes the establishment of the Human Rights Council pursuant to the United Nations resolution A/RES/60/251, which was adopted by the UN General Assembly in March this year. The Human Rights Council replaces the Commission on Human Rights, which had lost its credibility and effectiveness as world body for the promotion and protection on human rights, and becomes the main UN forum for dialogue and cooperation on human rights. It will focus on assisting states to meet their human rights obligations through, inter alia, dialogue, capacity building and technical assistance. It will also make recommendations for development in international human rights law.

In this regard SAHRIT calls upon all countries, intergovernmental bodies, nongovernmental organizations and other stakeholder to support the Human Rights Council and ensure that it is an effective and efficient body for the promotion and protection of human rights throughout the world. To this end, SAHRIT supports the call by the Secretary-General of the United Nations, Mr. Kofi Annan, that the Council's work should mark a clean break from the past, and that should be apparent in the way it develops and applies the universal periodic review mechanism; and in its willingness to confront hard issues and engage in difficult discussions, where these are necessary to remedy or to prevent human rights violations. As aptly noted by the United Nations High Commissioner for Human Rights, Ms. Louise Arbour, great hopes have been placed in the new Council, which should herald the way to a new period of affirmation of the ideals and standards of human rights, towards a period that would ensure their effective implementation.

SAHRIT therefore calls on all members of the Council not only to ensure that they respect and fulfil voluntary pledges and commitments with regard to the promotion and protection of human rights, which they made before their election to the Council, but also to ensure that all countries are made to account for their human rights performance. They must discharge their duty objectively and impartially, and consider each case on its merits rather than be swayed by political and such other undue considerations. Their main concern must the protection of citizens against human rights violations. The Council must therefore be immune to the ills that inflicted the former Commission, such as politicisation of human rights issues, block voting and double standards. Rather, the work of the Council 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, pursuant to paragraph 4 of United Nations resolution A/RES/60/251.

SAHRIT also welcomes the recognition of the role of non-governmental organizations (NGOs) in paragraph 11 of the said resolution, and that the Council should ensure the most effective contribution of NGOs, among other stakeholders, in the work of the Council. It is pleasing to note that the UN and AU have acknowledged the fact that NGOs are a major force in the promotion and protection of human rights, hence provision has been made for them to participate in the work of the former UN Commission on Human Rights and the work of the African Commission on Human and Peoples' Rights.

SAHRIT therefore joins other NGOs who have made calls for a greater role of NGOs in the work of the new Council. In the light of this, SAHRIT is dismayed by remarks made by the Minister of Justice, Legal and Parliamentary Affairs, Hon. Patrick Chinamasa, at the inaugural session of the Council. Minister Chinamasa unjustly accused NGOs involved in human rights and governance work as instruments of the foreign policy of developed countries, with the objective of destabilising and interfering with the political processes in Zimbabwe, indulging in opposition politics and undermining the sovereignty of the country. This untrue and unfortunate statement clearly reflects how the Minister has misunderstood the crucial and positive watchdog role that NGOs play in the areas of human rights and governance. That the Minister went on to call on the Council to ban foreign funding to NGOs involved in human rights and governance work, at a time when people's hopes for greater promotion and protection of human rights have been raised with the inauguration of the Council, is a cause for serious concern and it raises questions as to the government's commitment to its human rights obligations.

SAHRIT urges the Government of Zimbabwe to follow the example that has been set by both the UN and the AU in the recognition and the acknowledgment of the role played by human rights NGOs in the promotion and protection of human rights in Zimbabwe.

SAHRIT further urges the Government of Zimbabwe to engage in confidence building mechanisms so as not to alienate human rights NGOs whose role in the development of Zimbabwe is very critical. This alienation of human rights NGOs by the Government of Zimbabwe will serve no other purpose other than to deepen the suspicions between the Government of Zimbabwe and human rights NGOs a situation which is totally undesirable for the development of Zimbabwe as a nation.

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