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Presentation at the inaugural meeting of the Human Rights Council 19-22 June 2006
Arnold Tsunga¹
June 23, 2006

It is an honour for me to be one of the very select few human rights defenders chosen to speak at this inaugural session of the newly established Human Rights Council. I thank the more than 60 NGO representatives based in Geneva collaborating with other human rights groups globally that saw it fit to choose me to make this presentation which I must say at the outset represents my personal views. The creation of space for human rights defenders to speak at this inaugural session is the right spirit given that human rights defenders carry out the vital work of protecting everyone's rights at the grassroots level.

Politicization, selectivity and double standards were commonly acknowledged to be shortcomings of the Human Rights Commission which this Council replaces². Standard -setting to reinforce human rights cannot be performed by States that lack a demonstrated commitment to their promotion and protection. The United Nations has commendably made tremendous progress in developing international human rights norms and standards over the years. The challenge remains one of implementation of human rights for all.

Expectations
It is in the field of realization and enforcement of human rights that we continue to have considerable challenges. This Council will be expected to show leadership and have a pioneering role in the greater realization of all rights by ordinary women, men and children globally so that this world becomes a better world for humanity everywhere and anywhere. A strong and effective universal periodic review mechanism is therefore important. Further the positive work of the human rights experts (special rapporteurs) who deal with regions or themes needs to be retained and strengthened. There may also be need to explore the possibility of encouraging greater use of the Council's findings on human rights situations in particular countries as a basis for bi-lateral and multi-lateral negotiations as a method of enforcement for greater realization of rights globally.

In exercising its mandate and defining its methodologies, the Council's guiding principle should be the universality, indivisibility, interdependence and interrelatedness of all human rights especially regard being had to the fact that violating parties usually explain violating a certain class of rights e.g. civil and political rights on the basis that it is an inevitable consequence of addressing another class of rights such as economic, social and cultural rights. The Council must work to remove this myth.

The Council will be expected to have a particular focus on HIV/AIDS as a sustained threat to the full enjoyment of human rights especially in sub-Sahara Africa. Measures will have to be devised to cause states to enact, strengthen or enforce, as appropriate, legislation, regulations and other measures to eliminate all forms of discrimination against, and to ensure the full enjoyment of all human rights and fundamental freedoms by, people living with HIV/AIDS and members of vulnerable groups, in particular to ensure their access to, inter alia, education, inheritance, employment, health care and social services, prevention, support and treatment, information and legal protection.

One area that the Council will be expected to deal with without fear or favour relates to endemic intra-state deficits in good governance and democracy and exploration of any relationship with accelerated poverty and resultant threats to peace and security. To this extent this Council will be expected to speak out in a determined, fair and balanced fashion against the atrocities and gross human rights violations and when urgent issues need to be addressed. Some pro-activity will do humanity good.

It is therefore inevitable that this Council needs to protect and enhance the participation of non-governmental organizations and grass roots human rights defenders who unfortunately continue facing significant threats in their operating environments. Human Rights Defenders are often the only force standing between ordinary people and the unbridled power of the state³. Regrettably as people on the frontline of defending other people's rights, Human rights defenders often find themselves being targets of systematic and sometimes situational persecution. They are vital to the development of democratic processes and institutions, ending impunity and the promotion and protection of human rights. Protection of such defenders must take singular importance for the Council.

Finally Chairperson, I end on a word of caution. If you become effective as a Council in jealously guarding and protecting human rights for all, then you, like all other human rights defenders, will risk being criticised by states that have a poor human rights record. Brace yourself for this occupational hazard and you will have to devise ways of working with such states to realize their obligations to protect human rights. This is why Secretary General Koffi Annan at some point had this to say, "Human rights…are African rights. They are Asian rights; they are European rights; they are American rights. They belong to no government; they are limited to no continent, for they are fundamental to humankind itself."

Thank you, Chairperson and ladies and gentlemen, for your audience.

1. Arnold Tsunga is the Executive Director of Zimbabwe Lawyers for Human Rights, Secretary of the Law Society of Zimbabwe and a co-winner of the 2006 Martin Ennals Award for Human Rights Defenders with Akbar Ganji of Iran
2. A/59/847-E/2005/73
3. Enrique Eguren, Peace Brigades International, European Office (PBI BEO): PROTECTION MANUAL FOR HUMAN RIGHTS DEFENDERS: Frontline The International Foundation for the Protection of Human Rights Defenders: 2005

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