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instance,   sayingthathis    orher  rights:   political,     economic,  the  place   where   cultural   mat-  of   this  problem   today   when
              rights   have   been   iged    in  social    and   last   but  by   no  ters  should   be  dealt   with   and  we   still   have   many    atmed
              this  or  that   way.   These   com-  means   least  culturalrights.   All  this   the   territory   of  {JNESCO.  conflicts   taking   place   all  over
              plaints   are  first   screened   by   a  human    rights    should    be  We,   on   our   side,   tried    to  the  world.   It  was  not   just   an
              group   of   experts   that   used   to  treated   equally,   as they   are  convince    our   interlocutors  attempt   to   repeat  the  previous

              be  called   the  Working   Group  interdependent     and   indivisi-  that   the   emphasis    of  this  texts.  We  wanted   to  submit
              on  Cornrnunications.    When   it  ble.   So,  there  should   be  no  initiative    is  not   on  cultiu'e   as  some   fresh   ideas   and   to
              is  judged   that   the  complaint  hierarchy     between     those  such,   but   about   cultural   rights  strengthen   the  operative   part
              meets   certain   criteria   of  eligi-  rights.  being   an  integral   part   of   all  of  the  draft   and   make   it  more
              bility   Member   States  may   in               hutnan   rights.   We  succeeded  result    oriented:    hence,   our
              fact    consider     them,    first  We  looked   at  issues   of  viola-  in   doing   so,   around    thirty  idea  to  use   the  new   tool   of  the
              within   the  Working    Group   on  tions   of   human   and  cultural  countries     have    joined  Council    -  thematic    panel
              Situations   and  if   the  case  is  rights   in  the  context   of  aimed  Azerbaijan    as  co-sponsors   of  discussions   -  at  one  of  the
              considered    to    be    serious  conflicts.   Very   often  parties   to  tis   draft.    Through    lengthy  forthcoming    sessions   of   the
              enough,    within    the   Human  an    amied    conflict     while  consultations    with   interested  Human   Rights   Council    -
              Rights   Council   at  large.  conducting    their   activities  stakeholders,   we  managed   to  hopefiilly    in  September-with
                                       deliberately    destroy   part   of  come   up  with   the  version   of  the  participation    of  all   interes-
              We  were   nominated    to  repre-  the   cultural  artefacts,   religious  the  draft   that  has  not  been  ted   stakeholders,    including
              sent   the   Eastern   European  objects,   monwients,    cemete-  challenged   and  was  adopted  Member     States,    NGOs,
              Group,   and  it  was   quite   a  deli-  ries,    other    symbols  by   consensus   diu'ng   the   sixth  national   hiunan   rights   institu-
              cate  and  sensitive   experience  considered    to   be   part   of  regular   session   of  the  Council  tions,   the  ICRC,   etc.  We   hope
              in  itself   since   the  complaints  another    party's    cultural  last   September.  to   initiate   and  facilitate    an
              filed   have   to  do  with   the  sta-  heritage   so  as to   erase  the  interactive    dialogue    on  the

              tes-members    of  the   United  traces   of   that   party's   or  peo-  The   second   initiative    put  existing   problem   concerning

              Nations.   Here   you   are  expec-  pie's presencein  the count.  forward   by  the  delegation   of  missmg   persons.


              ted   to  make   a  pronouncement  Wehave   facedthis   problemin  Azerbaijan    was  adopted   very
              with   regard   to  alleged   viola-  the   occupied    territories    of  recently,   on  28  March   of  this  We  thinkthatttffls   panel,   when
              tions   or  human   rights   pro-  Azerbaijan.    As   you   know,  year.    We    initiated     and  conducted,    can  add  to   our
              blerns   or  concerns   in   other  roughly   20%   of   our   territory  managed  to  adopt,   once   again  efforts   to   raise   awareness
              countries.   We   were   joined   by  or   almost    one-fifth     of   the  without   a  vote,   a  traditional  about  this   issue   in  the   intema-
              other    countries-Argentina,  intemationally     recognized  draft    resolution    on  missing  tional   community.    Ater   this
              France,     Bangladesh,  territory   of   the  Republic   of  persons.   Missing   persons    is  interactive   panel   we   expect
              Zimbabwe,    one   from   each  Azerbaijan    is  cwently    under  another   area  which   involves  the  High   Commissioner    for
              regional   group-so   there   were  foreign    occupation    and   in  serious   elements   of  human  Hiunan   Rights   to  prepare   a
              five   of  us  and   tried   to  do  our  these   areas   all   traces   of  rights    law  and  intemational  summary    so  that   later    the
              best  to  arrive   at  consensual  Azerbaijani    culture   have   been  humanitarian     law.    Our  Human   Rights    Council    can
              decisions   on  each  and  every  either   seriously   damaged   or  resolution    focuses   on   the  task    the    newly     created
              complaint,    and   it  is  gratifying  destroyed.   Therefore,   without  persons   who   went   tnissing   as  Advisory    Committee    to  pre-
              that   in   most   cases  we  succee-  naming     the    country  a  result   of   an  amied   conflict.  pare   a  study   on   best   practices
              ded   to  acbieve   this   goal.  concerned,   we  thought   that   it  In   our  own   case,   we  have  existing   in  the  world   on  mis-
                                       is  in'iportant   for   us  to  flag   this  more   than   4,400   people   who  sing   persons.
              Q:   What    are   the   priority  serious   concem   and  to   say  still   fall   under   this   category   as
              areas   for  Azerbaijan    on  the  that   cultural   rights   in  a  more  a  result   of   our   ongoing  The   Advisory    Committee    is  a
              Human   Rights   Council?  general   framework    shall  be  conflict  withArmenia.    We   are  t)-tank    consisting   of   eigh-
                                      respected   by  States,  especial-  not   the  only   State   that   has  this  teen   experts   on  human   rights
              A   lot   of   issues   dealt   with   by  ly  given   the  fact   that   many  problem.     This    is    why  of  high   standing,   wich    is  tas-
              the   Council    are   of  genuine  States  have   certain   clear-cut  Azerbaijan    had   consistently  ked  by  the   Council   to  conduct
              interest   to  us,  but   if   we  have  commitments    under   inter-  pursued   the  matter   both   here  studies    and    engage    in
              to  prioritize    I  should   mention  national    law   as  parties   to  in  Geneva   since  the  time   of  research    on    particular
              in  the  first   place   two   initiati-  various   international    conven-  former     Commission     on  subjects.   It  will   present   the
              ves  put  forward   byAzerbaijan  tions   or  other   binding   legal  Human   Rights   and  in  New  results   of   its   studies   to  the
              on  which    resolutions    were  instturnents.    Theyhave    to  live  York  within  the   framework    of  Council,     and    receive    an
              tabled    and    adopted    by  up  to  that  con'unitment    and  the  General   Assembly.   It  was  endorsement   or  approval   by
              consensus.   The   first   one  dealt  this   process   should  be  closely  the  first   time   the  newly   crea-  the  Council.
              with   the  protection   and  pro-  scrutinized   and  assessed  by  ted   Human   Rights   Council
              motion   of   cultural   rights   in  the   international    community.  addressedthis   problem,   so  the  So  these   two   resolutions    were
              situations   of   armed   conflict.              major   ttu'ust   of  Azerbaijan    at  the   two   major   Azerbaijani
              Our   major   idea  behind   this  For   this  reason,   our   initiative  this   particular    time   is  that   the  initiatives.    Let  me   tell   yori
              initiative     was   to   draw   the  was  greeted   with   a  great   deal  Human     Rights    Corincil  that  the  second   one-the   one
              attention   of  the   HRC   and  of  a  of  interest    and   enthusiasm,  should   keep   this   issue   high   in  conceming   tnrssuig   persons-
              broader   international    cotnrtni-  and   opposition    from   some  its  agenda   and  mobilize   the  was  co-sponsored    by  thirty-
              nity   on  the  equal   importance  States  who   thought   that  the  attention   of   the  intemational  eight   countries,   all  Member
              of  all   categories   of  human  Human   Rights   Council   is  not  community    to  the  relevance  States  and  observers   on  the

                 12  2  2008   Diva

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