Re: [hr-wsis] Fwd: Mello

[Amali De Silva <amalidesilva@yahoo.com>]

We may also want to make reference to the actual draft declaration of principles that has a significant section on HR already. The need for their involvement is important to make comment on these already existing sections as well !

 

Amali De Silva, VP Vancouver Community Network, Canada.

 

Meryem Marzouki <marzouki@ras.eu.org> wrote:

Hi Rik,

I'm forwarding to you a proposal from Diana Bronson, representative of
the International Centre on Human Rights and Democratic Development, a
HR caucus member.
Do you agree with this alternative proposal, which sounds very relevant
to me ?
Best regards,
Meryem

Début du message réexpédié :

> Resent-From: hr-wsis@iris.sgdg.org
> De: dbronson@ichrdd.ca
> Date: Ven 30 mai 2003 21:10:12 Europe/Paris
> À: hr-wsis@iris.sgdg.org
> Objet: [hr-wsis] Mello
> Répondre à: hr-wsis@iris.sgdg.org
>
>
>
>
>
> Friends
>
> I have attached the transcript for the press conference where Sergio
> De
> Mello was named to run to run the UN's operations in Iraq and it is
> clearly
> stated that Bertie Ramcharan will be acting High Commissioner during
> ! his
> four-month absence. I suggest we aim in the letter for the
> involvement
> of the OHCHR, ask for Ramcharan's attendance at prep com 3 and De
> Mello's
> personal involvement at the Summit in December. It strikes me that it
> would be odd for human rights organizations to request he leave the
> desperate situation in Iraq -- where phone lines are not even working
> --
> to attend a prep com on information technology. We are interested
> not in
> his personal involvement, but it the involvement and centrality of the
> UN
> human rights system: the Commission, the treaty bodies, the special
> rapportuers etc.
>
> The relevant quote from Kofi Annan is this
>
>
> No one has more experience in this area than Sergio Vieira de Mello,
> and I
> think for us to really get organized and become operational and
> effective
> immediately I ! needed someone who can hit the ground running and help
&g! t; us set
> up the operation at its early stages, so Sergio will be there for four
> months and will then return to his assignment in Geneva. In the
> meantime,
> Bertie Ramcharan will serve as Acting High Commissioner. I hope Sergio
> will
> have the support of all the Member States, and I am confident he will
> work
> well with the coalition Authority in Baghdad and with all the other
> groups
> in Iraq.
>
>
> Along with others, we have decided not to submit to meet the 31 may
> deadline but rather will try and get something better in the coming
> weeks.
> As many of you know, we have a draft essay on human rights and
> information
> technology under production.
>
> Best regards to everyone. It is great to see some energy in this
> caucus.
>
> Diana
>
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> xxxxxxxxxx TRANSCRIPT OF PRESS CONFERENCE BY SECRETARY-GENERAL KOFI
> xxxxxxxxxx
> ANNAN AND
> SPECIAL REPRESENTATIVE FOR IRAQ,
> SERGIO VIEIRA DE MELLO, 27 MAY
>
>
>
>
>
>
> 27 May 2003
>
>
>
>
>
> The Secretary-General: Good afternoon, Ladies and Gentlemen.
>
> Last week the Security Council came together in Resolution 1483 to
> chart the way forward for post-conflict Iraq. The Council has called
> on the United Nations to assist the Iraqi people, in coordination
> with the Authority, in a wide range of areas, including humanitarian
> relief, reconstruction, infrastructure rehabilitation, legal and
> judi! cial reforms, human rights and return of refugees, and also t! o
> assist with civilian police. These efforts are going to demand a lot
> from us and from the international community.
>
> I have asked Mr. Sergio Vieira de Mello to serve as my Special
> Representative. He will lead the United Nations effort in Iraq for
> the next four months.
>
> You saw him at work in Kosovo and in East Timor, running a complex
> mission there. I don't think he needs an introduction. He has an
> exceptional and unique experience in running these operations and is
> also known as a good team builder and a consensus builder. I think
> he is someone who will hit the ground running.
>
> Obviously, I have to admit it was a rather difficult decision for me
> to name a sitting High Commissioner as my Representative in Iraq,
> even on a temporary basis, particularly as human rights has been on
> top of my own agenda and it is absolutely important to this
>! ; organization. It was not an easy decision, but it also reflects the
> important challenge that we need to take on.
>
> No one has more experience in this area than Sergio Vieira de Mello,
> and I think for us to really get organized and become operational
> and effective immediately I needed someone who can hit the ground
> running and help us set up the operation at its early stages, so
> Sergio will be there for four months and will then return to his
> assignment in Geneva. In the meantime, Bertie Ramcharan will serve
> as Acting High Commissioner. I hope Sergio will have the support of
> all the Member States, and I am confident he will work well with the
> coalition Authority in Baghdad and with all the other groups in
> Iraq.
>
> I will now invite Sergio to say a few words.
>
> Mr. Vieira de Mello: Thank you, Secretary-General, for your kind
> words and for your rene! wed confidence in me.
>
> The people of Iraq, as ! we know only too well, have suffered and have
> suffered enough. It is time that we all -? the Iraqis first, the
> coalition Authority and the United Nations ?- come together to
> ensure that this suffering comes to an end and that the Iraqi people
> take their destiny into their own hands, as the Security Council
> resolution calls for, as quickly as possible. We must not fail.
>
> It will not come to you as a surprise, as the Secretary-General just
> indicated, that I consider the development of a culture of human
> rights in Iraq as fundamental to stability and true peace in that
> country. You may have read me in recent weeks, writing to that
> effect in the media. I believe, on the basis of my experience, that
> respect for human rights is the only solid foundation for durable
> peace and for development. I shall place particular importance, as
> agreed with the Secretary-General, on the! need to ensure women's
> rights and their full participation in the consultative processes ?-
> not least the political one ?- that lie ahead.
>
> As the Secretary-General said, the decision to appoint me to this
> relatively short-term assignment was not easy for him and for me,
> which is why we kept it to a relatively short duration, in order to
> lay the foundations of the United Nations role in that country. But
> I will leave behind, as he pointed out, a very strong team in Bertie
> Ramcharan and the senior management in my Office, and I will remain
> in very, very close touch with them.
>
> I think I will stop here, and we will take your questions.
>
> Question [UNCA President]: Thank you, Secretary-General, for coming
> here today, and Mr. Sergio Vieira de Mello, as well.
>
> I would like to abuse my role, if I may, Sir, by asking a question
> about housekeepi! ng before I ask a substantive question about Iraq.
> Th! e housekeeping question has to do with a briefing that the United
> Nations Correspondents Association wanted to have on Friday of last
> week, which we were prevented from having because of pressures by
> one of the Member States.
>
> Article 19 of the Universal Declaration of Human Rights stands
> solidly in defence of the principle of freedom of the press. I was
> hoping to get an assurance from you, Sir, that in the future you
> would be able to rely on this Article in defending our right to meet
> with whoever we choose. If I could get your answer to that, and then
> I will ask you a question about Iraq.
>
> The Secretary-General: Let me say that we have always respected that
> right. And I think you in this room are very much aware of the
> practice and my own approach towards that issue. While we respect
> your rights, I think as an Organization we also have certain
> princ! iples. I think you have to respect those principles just as
> much as we have to. I think the explanation you got was that the
> event you planned conflicted with the "one China" policy, that you
> had an individual who was coming here to discuss with you Taiwan's
> relationship with the World Health Organization and its efforts to
> become an observer. That, quite frankly, you will have to admit, was
> not in line with the United Nations policy. So, this was an
> exceptional and unique situation. In the past, we have not
> interfered, and in the future we will not interfere.
>
> Question: Obviously, this is not the place for a debate on the
> issue, and we will be taking this up in the future. I thank you for
> your answer.
>
> To move on to the issue of Iraq, resolution 1483 (2003) is silent on
> the issue of human rights, silent on the proposals by the occupying
> powers to est! ablish military courts. I was wondering if you are
> di! stressed or upset in any way by that omission.
>
> More specifically, there have been reports today that the United
> States is now considering establishing a death row for its camp in
> Guantanamo, and I am wondering what your reaction to that is.
>
> The Secretary-General: Let me say that the resolution does talk
> about promoting human rights, so human rights is covered. But on the
> legal and judicial issue, I think we are going to have lots of work
> to do. That is one of the areas that I am sure my Representative
> will have to tackle with the coalition Authority, and discuss this
> issue on the ground.
>
> Concerning the Guantanamo Bay development, I have not seen the
> details of it, and I would hesitate to comment on it at the moment.
>
> Question: There are critics in the Middle East who are very strongly
> criticizing the United Nations, first, for in their eyes> legitimizing the results of an illegal war -- which you yourself
> described as illegal -- in resolution 1483 (2003). Secondly, it has
> proved once again that the United Nations is unable to stop the
> unilateral action of a powerful State if it wishes to do so.
>
> My question concerning the special envoy is, why so short? Why only
> four months? Why not longer?
>
> The Secretary-General: On your first question, let me say that this
> is an issue that the Council debated and considered for a long
> period. There have been divisions, and we cannot overlook that.
> Those divisions and issues -- positions of principle that
> governments and individuals took -- are a matter for the record. I
> do not think that the resolution that the Council adopted last week
> is going to change the history of the recent past. However, the
> Council has given us a solid and a legal basis for our ! operations in
> Iraq, and I think at this stage that al! l the Council members are
> focused on what they can do to help Iraq and the Iraqi people -- and
> I think that should be our focus and our emphasis. I think if we
> pursue our actions on that basis, we will be able to make a
> difference.
>
> On the question of the duration of Mr. Sergio Vieira de Mello's
> appointment, obviously, as I said, he has an important assignment in
> Geneva. Yet he was uniquely qualified for this, and I have asked him
> to go and help establish the United Nations presence ?- establish a
> relationship, mount the operation. He will be replaced at the end of
> the four months. I had to use him in a similar vein in Kosovo, as
> some of you may remember, and at that time, I limited it to two
> months. This time it will be four months. Iraq is a much more
> complex operation.
>
> Question: I think the forthcoming interim Government is going to be
> an ! important one for the Iraqi people. People are wondering how the
> leader of the interim Government, as well as the cabinet members,
> will be decided on or selected. I hear that the Special
> Representative of the Secretary-General is going to assist in
> establishing the interim Government. Are you going to make
> suggestions, and the Americans will decide who is going to be the
> head, and the cabinet members? Would you explain the role of the
> Special Representative?
>
> Mr. Vieira de Mello: I think I will be in a better position to
> answer your question after I have reached Baghdad and had an
> opportunity to consult, as I said, with a broad spectrum of Iraqi
> leaders and opinion-makers, as it were. I am not privy to the
> intentions of the Authority in terms of establishing this Iraqi
> interim administration ?- transitional administration. I will do my
> best, however, on beha! lf of the Secretary-General and the Security
> Council ! to make sure that the interests of the Iraqi people come
> first.
>
> The Secretary-General: And you should also remember that everyone is
> agreed ?- and it is in the Council resolution -? that the Iraqis
> should be responsible for their own political future. They are going
> to be very much at the centre of this. We will be there to assist
> and to work with them; we are not going to impose any leaders on
> them.
>
> Question: You are apparently reluctant during this process to
> delineate the role that the United Nations could or should play in
> Iraq. But after the Security Council has spoken, the United Nations
> has ended up with quite a broad and long-ranging mandate. How close
> does the resulting role come to what you think the ideal United
> Nations role should be? Secondly, since Mr. Vieira de Mello's
> appointment is only for four months, are you preparing a successor! ?
> Who might that be?
>
> The Secretary-General: Good try. No, let me say that the resolution,
> indeed, does give us a broad mandate, and each situation is unique.
> When one refers to an ideal United Nations mandate ?- it is
> difficult to describe an ideal United Nations mandate. First of all,
> this is a unique situation. It is the first time we are working on
> the ground with an occupying Power, side-by-side, trying to help the
> population in the territory. Therefore, there are certain things
> that we will have to work out on the ground. We have to define and
> work out our relationship with the coalition Authority or the
> occupying Power, and also our relationship with occupied Iraq. As he
> said, we are going to be in touch -? he will be in touch -? not only
> with the coalition but with a broad range of authorities. Some of
> the activities are very clear. The humanitarian ! mandate is very
> clear. We have a direct responsibilit! y for it and we are going to
> carry it out as we are doing.
>
> In other areas, we have to work in partnership with the coalition
> and, of course, with Iraqi civil society and leaders. And, of
> course, these relationships will have to be worked out on the
> ground; we cannot decide it here before Mr. Vieira de Mello gets in.
> As he indicated earlier, most of it he will have to work out on the
> ground. But as far as the resolution is concerned, I think we can
> work with it. I think it gives us specific areas of responsibility,
> and we are going to carry on with it.
>
> Mr. Vieira de Mello will be replaced in four months, and I will
> announce his successor in due course ?- but not today.
>
> Question: This might be a little unrelated, but it is in the news.
> On the Road Map, reportedly one of the 14 conditions or reservations
> Israel has made is that the only part of! the Quartet that will
> oversee the implementation on the ground will be the United States,
> and not the other three. Being one of the other three, will you
> insist that the United Nations will be in it? Also, what do you
> think of Israel's acceptance of the Road Map?
>
> The Secretary-General: I think it is a very encouraging development
> that Israel has accepted the Road Map. The Prime Minister has
> indicated that he has some questions that he is going to pose later.
> But the fact that he has accepted it is a positive development. And
> the Quartet, and the international community, has the basis for
> moving forward in assisting the two parties to resolve their
> conflict.
>
> As to the suggestion that Israel will only accept the United States
> as a party on the ground ?- I take it to monitor the Road Map ?- it
> is something that we will tackle as we move forward. But I! think
> that all the partners are concerned to see eff! ective action. We want
> to see progress; we want to see an end to this painful conflict. And
> we will, I am sure, accept any arrangement that will help us achieve
> that objective.
>
> Question: The sanctions were lifted in the name of the Iraqi people,
> and now Mr. Vieira de Mello has been appointed in the name of the
> Iraqi people. Who are these Iraqis? Have they been consulted? And
> secondly, there are 300 million Arabs and 1 billion Muslims in the
> world. Why not one of them, with all due respect to Mr. Vieira de
> Mello?
>
> The Secretary-General: Let me, first of all, correct you. I did not
> say that Mr. Vieira de Mello had been named in the name of the Iraqi
> people. I said that Sergio Vieira de Mello has been named to go and
> work with the Iraqi people, to assist them, and it is their
> interests and their concerns that should be forefront in our minds.
>> As to your second question, I have a great deal of respect for all
> religions. It was not a religious factor. I think that, as we move
> forward and the team is formed, you will see that your question will
> be answered.
>
> Question (interpretation from French): How does Mr. Vieira de Mello
> envisage the work that lies ahead with the coalition? Could he tell
> us something about this four-month mandate?
>
> Mr. Vieira de Mello (interpretation from French): On the four-month
> mandate, I believe the Secretary-General has just responded. I have
> other full-time functions in Geneva. It was not easy to reach an
> understanding on the duration of the mission, so it seemed to us
> that four months was a reasonable duration that would not put my
> other functions in Geneva at risk. You are well aware of the
> importance of those functions, although, my mission in Iraq also
> re! lates to the protection of human rights, you will agree to th! at.
>
> Working with the Authority is part of the rules of the game. They
> are responsible for the administration of the country until there is
> a new order. As the Secretary-General has said and as the resolution
> says, we all hope that that new order will come soon. It is
> imperative that the Iraqi people take the destiny of their country
> in their own hands. We will contribute to that, working with the
> Authority, working with the other components of the international
> community: the diplomatic community in Baghdad, the neighbouring
> countries ?- because Iraq cannot be dealt with in isolation from
> those countries ?- and with all the representatives of civil and
> political society in Iraq.
>
> Question: Mr. Secretary-General, you have said that human rights is
> at the top of your agenda, and you, Mr. Vieira de Mello, have
> pointed to the importance of promoting wome! n's rights. May I ask you
> what, specifically, do you think the United Nations can do to
> further women's rights in Iraq, especially when we hear now about
> various conservative clerics who want to turn back the clock and
> limit women's roles?
>
> Mr. Vieira de Mello: I think experience has shown that an assertive
> policy in the promotion of the full range of the human rights of
> women ?- be they civil, political, or economic, social and cultural
> ?- can only lead to peace, stability, development and tolerance. So,
> we will do our utmost ?- within, obviously, the limitations of our
> own mandate ?- to bring that about among the components of Iraqi
> society and to assist the Authority, which is charged to do the

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Amali De Silva AAT(CMABC), BSc(Hons) Econ, PgDip Acc/Fin, MSc Int. Acc/Fin

Tel: 604-736-9012 & Email: amali@amalidesilva.com