HUMAN RIGHTS COUNCIL REVIEWS MANDATES OF EXPERTS ON RIGHT TO HEALTH AND HUMAN RIGHTS IN LIBERIA AND SUDAN

The Human Rights Council this afternoon reviewed the mandates of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, the Independent Expert on the situation of human rights in Liberia and the Special Rapporteur on the situation of human rights in Sudan.

Brazil, main sponsor of the draft resolution on the mandate of the Special Rapporteur on the right of everyone to the enjoyment of the highest sustainable standard of physical and mental health, said Brazil was convinced that the continuation of the mandate was of the utmost importance to guarantee the fulfilment of the right to health, as well as all human rights. The mandate had been renewed in 2004, and since then the Special Rapporteur had contributed significantly to issues such as neglected diseases, promotion of the rights of persons with disabilities, and it had contributed to the dissemination of information on the health-related Millennium Development Goals. Brazil counted on a wide cross-regional support for the resolution, and was thankful for this and the constructive approach that all delegations and relevant stakeholders had given the resolution.

Paul Hunt, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, said some had argued that the mandate should focus on human rights and health, but he believed that the focus of the mandate should remain on the right to the highest attainable standard of health. He was dismayed by the lack of familiarity with the right to the highest attainable standard of health amongst key policy makers, with many not knowing that the right existed in international law. Mainstreaming the right to the highest attainable standard of health was extremely important and greatly needed. One way to aid this would be for the Human Rights Council to spend time focusing on one health theme and invite others to participate in a discussion.

Speaking in the general debate on the review of the mandate of the Special Rapporteur on the right to health were Portugal on behalf of the European Union, Cuba, Russian Federation, Italy, Switzerland, Peru, Canada, Egypt, Pakistan, China, Luxembourg, Israel, Uganda and Algeria.

The following non-governmental organizations also took the floor: Action Canada for Population and Development, North-South XXI and International Service for Human Rights.

On the assessment of the mandate of the Independent Expert on the situation of human rights in Liberia, Portugal, speaking on behalf of the European Union, said Liberia had the view that extension of the mandate of the Independent Expert would help it to continue its work to improve the human rights situation. The mandate holder could play a useful role in supporting the Government to progress, and could usefully focus on areas including continued financial and technical assistance and engagement with donors to highlight the need for ongoing assistance. The mandate holder should assist the Government to implement its Interim Poverty Reduction Strategy and the Full Poverty Reduction Strategy currently in preparation. The European Union believed that the international community should remember the dangers of repeating past mistakes; it owed the people of Liberia its continued commitment to support them and their Government. The mandate should be extended for one year.

The statement of Charlotte Abaka, Independent Expert on the situation of human rights in Liberia, which was read out on her behalf by Miloon Kothari, the Special Rapporteur on the right to adequate housing, said that Liberia now had a democratically elected Government that had openly committed itself to addressing the issues of equality and State accountability. The political will to achieve these existed. However, after 14 years of war, the State had insufficient capacity or resources to fulfil its basic functions of protecting and providing for security, meeting people’s basic needs and ensuring equal political participation throughout the country. It was of the utmost importance that the mandate of the human rights technical cooperation and advisory services was renewed, to assist the Government in establishing institutions that would ensure promotion of human rights and elimination of all forms of discrimination and gender-based violence.

Liberia, speaking as a concerned country, said Liberia joined the sponsors of the draft resolution in asking for an extension of one year of the mandate. Liberia endorsed this resolution and appealed for its consideration by the Council members. The professionalism of the Special Rapporteur was recognized. Liberia was committed to the promotion of human rights, nationally and internationally. To rebuild the country, the Government needed the support of the international community.

Speaking on the assessment of the mandate of the Independent Expert on the situation of human rights in Liberia were Switzerland, Ghana, Canada, Zambia, Côte d’Ivoire, United States, Sweden and Algeria. Human Rights Watch also took the floor.

On the assessment of the mandate of the Special Rapporteur on the situation of human rights in Sudan, Egypt, speaking on behalf of the African Group, said there should be a stop to the proliferation of human rights mechanisms on Sudan as they were a burden on the State in its ongoing efforts. The African Group welcomed the efforts of Sudan and acknowledged its cooperation with the Group of Experts. All parties were called on, and the Special Rapporteur in particular, to assist the Government of Sudan in its further efforts. What was the Special Rapporteur’s assessment of the objectives of bringing a clearly identified improvement in human rights in Sudan? Were any achievements directly related to the mandate? What role had the then incumbent mandate-holder played when the current situation began four years ago?

Sima Samar, Special Rapporteur on the situation of human rights in Sudan, said that she had made her fourth visit to Sudan from 25 July to 2 August 2007. Progress had been made with regard to the signing of the Convention on the Rights on Persons with Disabilities, the drafting of new bills and the issuance of orders to military and police. However these steps had not yet had a tangible effect. Much still had to be done. Several fundamental rights continued to be violated by law enforcement authorities. In Da rfur, gross violations of human rights and humanitarian law continued to be perpetrated by all armed factions. The grave human rights situation in Sudan was the reason for the establishment of her mandate and the situation had not significantly improved. The Council had to remain engaged until the situation was improved. Ms. Samar called for the renewal of the mandate, but not necessarily for herself.

Sudan, speaking as a concerned country, said Sudan hoped the questions raised by Egypt would be answered in all clarity, which would allow the Council to fully asses the situation. Regarding the mandate of the Special Rapporteur, all decisions taken in the Council referred to Sudan’s cooperation with the various mechanisms of the Council. However, the politicisation that led to the dismantlement of the former Commission had begun to infiltrate the work of the Council. Certain obstacles impeded the work of Sudan, the Council, and the persons concerned. Among these
were more specific obstacles, including taking into account unverified erroneous information. What were the tangible positive results achieved practically from the activities of four Special Rapporteurs since 1992, Sudan asked? Sudan was determined to continue its cooperation with the Council.

Speaking on the assessment of the mandate of the Special Rapporteur on the situation of human rights in Sudan was Portugal, speaking on behalf of the European Union.

The Council held three back-to-back meetings today from 9 a.m. to 6 p.m. When it resumes its work at 10 a.m. on Friday, 14 December, it will finish the discussion on the mandate of the Special Rapporteur on the situation of human rights in Sudan before taking action on draft resolutions and decisions and concluding its resumed sixth session.

Introduction of Assessment of Mandate of Special Rapporteur on Right to Health

MURILO VIERA KOMNISKI (Brazil), introducing the assessment of the mandate of the Special Rapporteur on the right of everyone to the enjoyment of the highest sustainable standard of physical and mental health, said Brazil had submitted a draft resolution through a wide process of consultations, both at the level of the Council and with observers and Member States in an informal manner, and at the level of civil society in Brazil, the region, and the Human Rights Council. Brazil was convinced that the continuation of the mandate was of the utmost importance to guarantee the fulfilment of the right to health, as well as all human rights. The mandate had been renewed in 2004, and since then the Special Rapporteur had contributed significantly to issues such as neglected diseases, promotion of the rights of persons with disabilities, and had contributed to the dissemination of information on the health-related Millennium Development Goals.

At an informal dialogue, Mr. Hunt had shared with Member States the human rights approach to policy-making and execution of policies on health-related issues, whilst they communicated their own approach. Brazil counted on a wide cross-regional support for the resolution, and was thankful for this and the constructive approach that all delegations and relevant stakeholders had given the resolution. This constructive and consensual approach would be safeguarded in the current process of reform, rationalisation and improvement of the mandate. The Human Rights Council was committed to the guarantee of the right to health, as well as all human rights. It was necessary to guarantee and fully safeguard the universality, interdependence and indivisibility of all human rights. All should be aware that for millions of people, the full enjoyment of the highest attainable standard of health was still a distant standard.

Statement by Special Rapporteur on Right to Health

PAUL HUNT, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, said that some had argued that the mandate should focus on human rights and health, but that he believed that the focus of the mandate should remain on the right to the highest attainable standard of health. The right to the highest attainable standard of health was receiving more attention and generating more policy and civil society activity than ever before. One reason for this was the attention devoted to it by the former Commission and the Human Rights Council. He was dismayed by the lack of familiarity with the right to the highest attainable standard of health amongst key policy makers, with many not knowing that the right existed in international law.

Those working on the right to health were devising new tools and techniques, such as indicators, benchmarks and impact assessments, and were trying to identify sensible policies and programmes that delivered the right to the highest attainable standard of health. There was a huge amount common ground between the health community and the human rights community. Both could assist each other, and health workers were human rights workers. The mainstreaming of the right to the highest attainable standard of health was extremely important and greatly needed. One way to aid this would be for the Human Rights Council to spend time focusing on one health theme and invite others to participate in a discussion.

Maternal mortality was an extremely important human rights issue, with the death of over 500 000 women from childbirth or pregnancy related causes. Most of these deaths were entirely preventable. Last year, the Council passed a resolution for the Special Rapporteur to look at health systems, which were an extremely important area and a core social institution. The complexity of the right to the highest attainable standard of health was such that one way of giving sufficient attention to themes such as HIV/AIDS would be to carve out other mandates within the right to health. The international dimension of the right to health, in terms of high-income countries having a responsibility to help developing countries, should also continue to receive close attention. The greatest obstacle to the mandate was complacency, and many avoidable deaths remained invisible and unnoticed.

General Debate on the Review of the Mandate of the Special Rapporteur on the Right to Health

CARLOS PEREIRA MARQUES (Portugal), speaking on behalf of the European Union, said that the European Union attached particular value to the extension of the mandate. For many millions of people around the world the right for everyone to the enjoyment of the highest sustainable standard of physical and mental health remained a distant goal. It was believed that the Special Rapporteur could help to make significant progress towards meeting this goal. He should do so by providing advice and recommendations to all stakeholders. A number of issues were felt to merit attention, including the inclusion of a gender perspective to his work. He should also make proposals which could contribute on the realisation of the health related Millennium Development Goals.

RAFAEL GARCIA COLLADA (Cuba) said the mandate of the Special Rapporteur had been established some five years ago, and during that period circumstances around the right of people to the highest attainable standard of health had not changed - this continued to be one of the challenges which the international community could simply not shirk. The mandate carried out by Mr. Hunt had a global, comprehensive universal dimension, with an indirect impact on many of the United Nations countries, in particular developing countries. The mandate had taken on the new problems connected with the attainment of this right. The important thing was not to establish a punitive monitoring approach, as a large number of countries faced difficulty in reaching this standard. Cuba attached importance to the work still to be carried out. To question the relevance of the mandate would be criminal, considering the harsh situation of millions around the world today.

ROMAN KASHAEV (Russian Federation) thanked the Special Rapporteur and pointed out that when carrying out his mandate he should pay more attention to the level of economic development and the social and cultural situation in each country. Activities should not support contradictory concepts, even if they were important in some countries. Given the interest in and importance of this mandate, the Russian Federation supported the renewal of the mandate.

NICOLETTA PICIRILLO (Italy) said that Italy supported the Special Rapporteur’s mandate. He had focused on a number of thematic issues, including the drafting of guidelines and the access to drinking water. How could the health-linked Millennium Development Goals be supported within the Human Rights Council and the whole United Nations system? On safe drinking water and sanitation, what steps could be taken to improve the situation? The mandate of the Special Rapporteur should be extended.

JEANINE VOLKEN (Switzerland) said the right to health was recognised in the Universal Declaration of Human Rights, however, the links between health providers and human rights defenders were new and tenuous. The work of the Special Rapporteur had shown how these two groups shared a common platform. The mandate gave the possibility of reinforcing these important links for both the practice and the achievement of the right to health. For these reasons, Switzerland supported the extension of the mandate of this Special Procedure, as well as the resolution submitted by Brazil.

ALEJANDRO NEYRA SANCHEZ (Peru) thanked the Special Rapporteur for coming here today and for his work over the past years. His mandate was particularly important. The Special Rapporteur had not simply worked with Peru on issues such as access to medicines and intellectual property, but he had also visited interior areas and made recommendations that were welcomed by the State. Peru had been able to work with civil society to fulfil these recommendations and continued to work in those areas. A dialogue on maternal mortality was supported and Peru would be interested to consider the issue of infant mortality as well. Being a middle-income country and knowing the issues, there must be greater impacts in poorer countries. What other serious issues could also be addressed in the next session? It was hoped that Mr. Hunt would continue to work within the human rights system beyond the end of his mandate.

RACHEL CLOUTIER (Canada) said that Canada supported the progressive realization of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. The important contributions of the Special Rapporteur were supported. The issues falling within the mandate of this Special Procedure were considered to be of critical importance and Canada had been pleased to be able to host his visit. Many challenges remained and thus the continuation of the mandate of the Special Rapporteur remained important and necessary.

AMR ROSHDY (Egypt) said the stance Mr. Hunt had always taken on the affordability of medicine and policies by some pharmaceutical companies with regards to pricing would always be remembered. Some of his remarks were, however, uncomfortable, such as, for example, his mention of “therapeutic abortion”, which had been used by some groups in distorting the United Nations view of abortion and homosexuality. Sexual orientation was also an issue of concern. Mr. Hunt should be encouraged to sign some statements as an individual, but not as a United Nations Special Rapporteur. The attempts to streamline such issues at the United Nations were a problem for a range of countries, and should not be allowed. Abortion and sexual orientation remained issues for a number of countries. Mr. Hunt had done a great job, but Egypt was against any attempt to use the United Nations name to endorse concepts that were not agreed upon within the United Nations.

IMRAN AHMED SIDDIQUI (Pakistan) said Pakistan supported the extension of the mandate of the Special Rapporteur on the right to health for a further period of three years. Health had received more attention recently but, given the advances in medical science and techniques, the right to health still remained an unattainable goal for many, particularly the poor. Pakistan believed that public health took precedence over commercial interests. If the world really wanted to effectively address the global health issues, it had to set the priorities right and fill the existing wide gaps. Access to medicines at affordable prices, transfer of technology, an intellectual property regime which did not hinder but facilitated further research and development, were all key issues which would have to be addressed and the Special Rapporteur should focus on them. The mandate should take into account the development of countries, as well as cultural and social specificities. Could the Special Rapporteur make recommendations on access and affordability? Pakistan felt the submission of Egypt was important and hoped it would be considered.

YOUSHENG KE (China) thanked the Special Rapporteur for the work which he had carried out. The right of everyone to the enjoyment of the highest attainable standard of physical and mental health was a fundamental human right. China believed that the Special Rapporteur could continue to make contributions in this area by helping to strengthen research.

JEAN FEYDER (Luxembourg) said in the context of the completion of its work, the Council should for all development-related issues try to fit its action into current international strategies. The Millennium Development Goals were a part of international development strategy. Luxembourg welcomed that the draft resolution before the Council expressed the concern to ensure that actions and policies were consistent. Three of the eight Millennium Development Goals were related to health: reduction of child mortality, maternal mortality, and major pandemics. These goals had been set for 2015, and half of the time had already passed. The international community was still far from realising the goals, and would have to redouble its efforts in this regard. The Special Rapporteur should submit proposals, created in coordination with other relevant United Nations players, on how to reach the Millennium Development Goals.

TIBOR SHALEV-SCHLOSSER (Israel) said Israel had long believed that the right to health was a fundamental right that helped form the basis for a healthy society. The Special Rapporteur had been invited to visit Israel during 2008, where the right to health was extended to all without discrimination or distinction. Health expertise was also shared beyond Israel’s own borders through partnerships with the United Nations and Governments in Africa to send Israeli doctors to provide training and medical care to vulnerable populations.

The mandate of the Special Rapporteur remained important and there continued to be a number of challenges in providing adequate health care to all citizens. Israel therefore supported the resolution to renew the mandate of the Special Rapporteur. Had the Special Rapporteur had any success in convincing pharmaceutical corporations to enter into a dialogue with him on the draft moral guidelines that he presented recently?

CISSY TALIWAKU (Uganda) thanked the Special Rapporteur for his visit to Uganda. There was mounting evidence that the incidence of chronic non-communicable diseases was on a rapid increase, especially among the low and middle-income countries. Such diseases were projected to increase by 17 per cent over the next 10 years. Unfortunately, the general public and many health decision makers in developing countries were not fully aware of the threats of such diseases. The Special Rapporteur should highlight the dangers from such diseases.

IDRISS JAZAIRY (Algeria) said Algeria supported the extension of the mandate of the Special Rapporteur on the right to health. Access to cheap medicine should be emphasised. Attention should be paid to gender issues and specificities. The multi-disciplinary nature of the mandate should be noted. The European Union statement on sexual and reproductive health independent of someone’s sexual orientation was of concern and the second part of the statement should be deleted. The comments of Egypt were agreed with, and there was a need for minimum sensitiveness to cultural specificities.

HOSSAM BAHGAT, of Action Canada for Population and Development, said that five years after the mandate was established, the goal of all people enjoying the right to the highest attainable standard of health was still remote. The Special Rapporteur on the right to health had done great work, including developing human rights indicators to assess the effectiveness of health systems. He had also consistently paid particular attention to the needs and concerns of people living in the global south, and had addressed issues such as neglected diseases and skills drain. Action Canada supported the extension of the mandate of the Special Rapporteur.

NIRAJ PABARI, of North-South XXI, said that North-South XXI supported the mandate of the Special Rapporteur. Cooperation within the United Nations specialised agencies was seen as important and was encouraged. The Special Rapporteur should report on the requests for cooperation he had received as well as his responses to them.

KATRINE THOMASEN, of International Service for Human Rights, said the mandate and work of the Special Rapporteur on the right to health had brought focus to the enjoyment of the right and highlighted that its full enjoyment still remained a distant goal for millions. The mandate was challenging in view of the wide-ranging and complex factors and determinants that affected the right and its application to a broad range of groups. The Special Rapporteur had brought a balanced approach to the mandate and these issues situating the right to health in a human rights analytical framework while responding to the needs of those affected, and the International Service for Human Rights hoped that the Council would renew the mandate by consensus.


Concluding Remarks

PAUL HUNT, Special Rapporteur on the right to the highest attainable standard of health, thanked the delegations for their support and comments. In response to questions from delegates, he said that gender perspective and the needs of children should certainly be considered and it would be important to coordinate with other bodies to make concrete suggestions in relation to the Millennium Development Goals. He intended to do so on Millennium Development Goal 5 in India during his next visit.

Any Special Rapporteur should take into account the development of a country and he would certainly endeavour to do so himself. One way to advance issues within the broader United Nations system would be to devote a few hours in a Human Rights Council meeting to a subject such as Millennium Development Goal 5. He thanked the delegation from Peru for their kind words and said that focussing on maternal mortality as an issue was a possible way to enable further work to be done in this area. In response to Egypt, he said that he had observed that if abortion was legal at a national level, it should be accessible in a practical way within a country, and although he may be associated with a particular non-governmental organization that was not to say that he was fully aligned with them.

The international community should work hard to help low- and middle-income countries to attain better levels of health. He agreed with China that more work would need to be done in the area of development and the right to health. Because of the importance of the health-related Millennium Development Goals he had devoted a full report to them and hoped that the future mandate-holder would continue to consider them.

MURILO VIERA KOMNISKI (Brazil), in concluding remarks, said that this opportunity of engaging in a frank dialogue had been of outmost importance. The right to health was at the core of human rights issues. Brazil continued to support the mandate and thanked all delegations for their support. Brazil remained attentive to the issues of health in the enjoyment of human rights, under which the access of medication in developing countries was of outmost importance. The achievement of the Millennium Development Goals was important in order to protect health-linked human rights.

Introduction of Assessment of Mandate of Independent Expert on the Situation of Human Rights in Liberia

FRANCISCO XAVIER ESTEVES (Portugal), speaking on behalf of the European Union, in an assessment of the mandate of the Independent Expert on the situation of human rights in Liberia, said the suggestions of Ms. Abaka for further areas in which the mandate could support the Government of Liberia in its work to improve the human rights situation in the country would be helpful for the Council’s consideration of the next steps that it should take to support Liberia. After 14 years of devastating war, the elections of 2005 had marked a turning point in Liberia’s troubled history. Since then, the democratically elected Government had made significant improvements, in particular in areas such as security and economic development. But Liberia still faced many challenges, including in the protection and promotion of human rights.

Liberia was of the view that extension of the mandate of the Independent Expert would help it to continue its work to improve the human rights situation in the country. The mandate holder could play a useful role in supporting the Government to progress, and could usefully focus on areas including continued financial and technical assistance and engagement with donors to highlight the need for ongoing assistance; and assistance to the Government in implementing its Interim Poverty Reduction Strategy and the Full Poverty Reduction Strategy currently in preparation. The European Union believed that the international community should remember the dangers of repeating past mistakes; it owed the people of Liberia its continued commitment to support them and their Government. The mandate should be extended for one year.

Statement on Behalf of the Independent Expert on the Situation of Human Rights in Liberia

MILOON KOTHARI, reading out the statement of CHARLOTTE ABAKA, Independent Expert on human rights, technical cooperation and advisory services in Liberia, said that Liberia had been described as a failed State in 2004. Now, the people of Liberia were beginning to experience positive aspects of life as a result of the heavy investment made by the international community, by the United Nations and, indeed, by the people of Liberia. The conflict could be traced to the exclusion and marginalization of significant portions of society from institutions of political governance and access to key economic assets, such as land. There had been an over-concentration of power, a closed political system and massive corruption. Restricted access to the decision-making process and limited participation of civil society in governance had greatly helped to fuel ethnic and class hatred and rivalries.

Liberia now had a democratically elected Government that had openly committed itself to addressing the issues of equality and State accountability. The political will to achieve those existed. However, after 14 years of war, the State had insufficient capacity or resources to fulfil its basic functions of protecting and providing for security, meeting people’s basic needs and ensuring equal political participation throughout the country. The political will was clearly documented in the Interim Poverty Reduction Strategy document. It was of the utmost importance that the mandate on human rights, technical cooperation and advisory services was renewed, to assist the Government in establishing institutions that would ensure promotion of human rights and elimination of all forms of discrimination and gender-based violence.

The Independent National Human Rights Commission was yet to be established and capacity built. After long delays, the Truth and Reconciliation Commission was finding its feet and needed assistance. There were serious concerns in the implementation of the rape law, including the rampant out-of-court settlement of cases. The Independent Expert for the first time had had a successful meeting with the Paramount Chiefs and some traditional leaders in Grand Cape Mount County. The meeting had focused on customary and traditional practices, and deliberated extensively on harmful and discriminatory ones that needed to be abolished. The international community should not abandon Liberia again. The massive human and material investment made by the United Nations and donors in Liberia should ensure sustainable peace and developments, based on human rights principles.

Statement by Concerned Country

THOMAS MCKINLEY (Liberia), speaking as a concerned country, said that the Council members were aware that Liberia was coming out of a long war that had worn out the country, and had harmed the protection of the human rights of its citizens. Liberia joined the sponsors of the draft resolution for an extension of the mandate of the Independent Expert on the situation of human rights in Liberia for one year. Liberia endorsed the draft resolution on the extension of the mandate and appealed for its positive consideration by the Council members. The professionalism of the Special Rapporteur had been recognized. Liberia was committed to the promotion of human rights, nationally and internationally. To rebuild the country, Liberia needed the support of the international community.


General Debate on the Mandate of the Independent Expert on the Situation of Human Rights in Liberia

BLAISE GODET (Switzerland) said Switzerland welcomed that there was emerging consensus on the renewal of the mandate of the Independent Expert on the situation of human rights in Liberia, with the support of the authorities in that country. This dialogue expressed tangibly the will to cooperate and protect human rights in Liberia. This openness was also seen in the field. There were still many challenges in a range of sectors, and still a long way to travel before stability was attained and a state of socio-political justice could be achieved. However, the will of the Government of Liberia was an essential component for progress. That was an important message: the Council should be, first and foremost, a body that worked to protect and promote human rights in a concrete and tangible way. Switzerland supported the renewal of the mandate, and urged the Government of Liberia to redouble the efforts made so far.

KWABENA BAAH-DUODU (Ghana) said that the full enjoyment of human rights could only be attained in an environment of peace and security. Ghana was further convinced that human dignity could only be preserved in an environment of peace and security, and was delighted that peace had at long last returned to Liberia. Liberia now had to be assisted so that democratic institutions could be nurtured to maturity.

Ghana thanked the Independent Expert for drawing attention to the needs of Liberia and its people in their quest to regain their well deserved freedom from the devastating effects of civil war. Liberia was on its way to recovery and should not be abandoned to its fate at this time. Ghana urged the international community to continue to provide Liberia with appropriate funding and assistance to enable it to consolidate more effectively.

RACHEL CLOUTIER (Canada) said that Canada acknowledged that Liberia had made considerable improvements. However, some were still needed. Thus, Canada considered the Independent Expert’s role as important in the promotion of human rights in Liberia. Despite the difficulties, progress was being made and Liberia was on the road of stability. Canada supported the extension of the mandate.

SINDISO N. KANKASA (Zambia) said Zambia congratulated the Government of Liberia on the programmes and activities that it intended to put in place for the protection and promotion of human rights there, and called upon the international community to continue assisting the Liberian Government in its endeavours. Zambia supported the renewal of the mandate of the Independent Expert on the situation of human rights in Liberia, and had to that effect co-sponsored the resolution aimed at renewing the Independent Expert’s mandate.

ALAIN PORQUET (Côte d’Ivoire) said that the realistic, bold and responsible approach of the Liberian authorities to the renewal of the mandate of the Independent Expert on the situation of human rights in Liberia showed their respect for and interest in promoting human rights. Côte d’Ivoire hoped that the renewal of the mandate would permit the international mobilization of resources to consolidate the renewed peace process in Liberia.

Côte d’Ivoire was grateful to the international community for supporting the cause of peace in Liberia. To emphasize that, it should be remembered that the President of Côte d’Ivoire had said, “when there is peace in Liberia, there will be peace in West Africa”.

MICHAEL S. KLECHESKI (United States) said that the United States strongly supported the renewal of the mandate of the Independent Expert on the situation of human rights in Liberia. Liberia was to be commended for taking significant steps towards rebuilding itself and creating democratic institutions. But there was still work to be done. Liberia had been working to implement the Special Rapporteur’s recommendations. Given Liberia’s interest in continuing the mandate, the United States believed that the Council should support the mandate’s renewal.

HANS DAHLGREN (Sweden) said Sweden greatly appreciated the broad support of human rights issues that the Independent Expert on human rights in Liberia had addressed in her report. That work was an excellent example of how country-specific Special Procedures were useful, both in assessing a situation and in providing recommendations on measures for improvement. Sweden hoped that the Expert could continue to intensify her work, so as to render it as specific and results-oriented as possible.

Sweden had a few questions related to the mandate: how could it be used to assess progress in the field of successful judicial reform and to what degree had the Expert’s recommendations been implemented? With regard to the right to education of girls, was it traditional attitudes, a lack of resources or something else that was posing a challenge, and how could the mandate help in that regard?

MOHAMMED BESSEDIK (Algeria) did not favour the imposition of Special Procedures mandates on particular countries. However, that should not prevent countries from requesting technical assistance. Liberia had in fact continued to request technical assistance, which had helped to bring about peace and stability, and to normalize an African country.

SEBATIEN GILLIOZ, of Human Rights Watch, welcomed the essential work of the Independent Expert on the situation of human rights in Liberia. Liberia had made tangible efforts in rebuilding the country’s failed institutions. However, deficiencies within the judicial system and security sector continued to undermine basic human rights. The deployment of United Nations peacekeepers appeared to have had little impact on the escalating rates of violent crimes. Human Rights Watch encouraged the Council to support the continuation of the mandate.


Concluding Comments

CARLOS PEREIRA MARQUES (Portugal), speaking on behalf of the European Union, in concluding remarks on the discussion, said the European Union had listened to the remarks of all, including the representative of Liberia. Liberia required continuing support to protect human rights in the country. The European Union looked forward to broad support for the draft resolution to extend the mandate of the Independent Expert on the situation of human rights in Liberia for one year, and hoped it would pass by consensus.

Introduction of Assessment of Mandate of the Special Rapporteur on the Situation of Human Rights in Sudan

SAMEH SHOUKRY (Eqypt), speaking on behalf of the African Group, in an assessment of the mandate of the Special Rapporteur on the situation of human rights in Sudan, said that the mandate being examined today had been in place since 1992. Since then, agreements had been reached in the North, South and East of Sudan. The diverse challenges and technical difficulties involved in those efforts should be recognized. All issues should be addressed in a comprehensive framework. That was by definition an ongoing process, and required the development of new legislation, the building of new and strengthening of existing institutions, and the promotion of human rights on the ground. To aid that process, there should be a stop on the proliferation of human rights mechanisms in Sudan, as they were a burden on the State in its ongoing efforts.

The African Group welcomed the efforts of Sudan and acknowledged its cooperation with the Group of Experts on Darfur. All parties were called on, and the Special Rapporteur in particular, to assist the Government of Sudan in its further efforts. What was the Special Rapporteur’s assessment of the objectives of bringing a clearly identified improvement in human rights in Sudan? Were any achievements directly related to the mandate? What role had the then-incumbent mandate holder played when the current situation began four years ago? How had she coordinated her work with all existing international and national mechanism, and were there concrete examples? Had she engaged to promote assistance in the area of human rights capacity-building (rather than humanitarian assistance)?

Statement by the Special Rapporteur on the Situation of Human Rights in Sudan

SIMA SAMAR, Special Rapporteur on the situation of human rights in Sudan, said that she had made her fourth visit to Sudan from 25 July to 2 August 2007. Progress had been made with regard to the signing of the Convention on the Rights on Persons with Disabilities, the drafting of new bills, and the issuance of orders to the military and police. However, those steps had not yet had a tangible effect. Much remained to be done. Several fundamental rights continued to be violated by law enforcement authorities. Detainees were often subjected to torture and ill-treatment.

Ms. Samar noted that, during her visit, a number of important members of the political opposition had been arrested. The Government had continued to restrict freedom of expression. In Darfur, gross violations of human rights and humanitarian law continued to be perpetrated by all armed factions. The Government had the primary responsibility to prevent attacks on civilians. Rebel groups were also obliged to abide by humanitarian law in the territory under their control.

The grave human rights situation in Sudan was the reason for the establishment of her mandate, and the situation had not significantly improved. The Special Rapporteur was a mechanism for engagement with the concerned country and was a means for it to demonstrate its willingness to address human right challenges. The Council had to remain engaged until the situation improved. Ms. Samar called for the renewal of the mandate, but not necessarily for herself.

Statement by Concerned Country

OMER DAHAB FADOL MOHAMMED (Sudan), speaking as a concerned country, said Sudan hoped the questions raised by Egypt on behalf of the African Group would be answered in all clarity, which would allow the Council to fully asses the situation. Regarding the mandate of the Special Rapporteur, all decisions taken in the Council referred to Sudan’s cooperation with the various mechanisms of the Council. However, the politicization that had led to the dismantlement of the former Human Rights Commission had begun to infiltrate the work of the Council. Certain obstacles impeded the work of Sudan, the Council, and the persons concerned. Among those were more specific obstacles, including taking into account unverified erroneous information. Reports were often based on such information, and the Special Rapporteur should reflect very carefully and precisely on the information forwarded by the Sudanese authorities and which the Council should be aware of so that it did not base its decisions on baseless claims.

The Council should in fact reflect on its experience of cooperation with Sudan – that was beneficial and essential for cooperation in an environment of conflict. Unfortunately, the violations were the characteristics of any conflict, and no violation could be stopped without proper attention and without tackling the foundations of the conflict and bringing it to an end. That was what the Abuja Agreement sought. Solutions could only be built on that Agreement, which had been approved and witnessed by the world. On that basis, Sudan could not accept any attempts to disregard the Agreement. The Council should call on the armed groups not to undertake any action that undermined the Agreement. Sudan then asked what the tangible positive results achieved practically from the activities of four Special Rapporteurs since 1992 had been. The report of the Special Rapporteur should also take into account political, cultural and civil rights, and give them equal importance. Sudan was determined to continue to cooperation with the Council.

General Debate on the Review of the Mandate of the Special Rapporteur on the Situation of Human Rights in Sudan

CARLOS PEREIRA MARQUES (Portugal), speaking on behalf of the European Union, expressed its strong support for the mandate on the situation of human rights in Sudan and for the excellent work of the Special Rapporteur. The Commission on Human Rights and the Human Rights Council had been able to follow the gross and systematic violations of human rights and grave breaches of international law that continued today. While the focus had been on Darfur, there were also violations elsewhere in Sudan. The European Union welcomed the detailed analysis of other regions of Sudan in the Independent Expert's report, and felt that the mandate was clearly still necessary to help improve the human rights situation.

The European Union was deeply concerned about repression of demonstrators, arbitrary detentions of members of the political opposition, the persistence of torture and the curtailment of the freedom of expression and the freedom of the press, particularly as Sudan was preparing for elections in 2009. The European Union condemned the use of the status of humanitarian non-governmental organizations to perpetrate actions that violated the law. It was hoped that the extension of the mandate would be decided upon by consensus.


For use of the information media; not an official record

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