HUMAN RIGHTS COUNCIL HEARS ADDRESS BY SPECIAL REPRESENTATIVE ON CHILDREN AND ARMED CONFLICT AFTER CONCLUDING ITS GENERAL DEBATE

The Human Rights Council this afternoon concluded its general debate and heard an address by Radhika Coomaraswamy, Special Representative of the Secretary-General on children and armed conflict. The President of the Council also announced the appointment of members of the Commission of Inquiry to investigate alleged violations of human rights law in Syria.

Laura Dupuy Lasserre, President of the Council, said that the Commission of Inquiry to be dispatched to investigate violations of international human rights law in Syria would be chaired by Paulo Sergio Pinheiro (Brazil) and included Karen Abu Zeid (United States) and Yakin Erturk (Turkey). On 23 August 2011 the Council at a special session decided to dispatch a Commission of Inquiry to investigate violations of international human rights law in Syria since July 2011, to establish the facts and circumstances which may amount to such violations and, where possible, to identify those responsible, with the view of ensuring that perpetrators were held accountable.

After hearing the High Commissioner for Human Rights update the Council on events during the morning meeting, the Council continued and concluded its general debate this afternoon. Speakers welcomed the report of the High Commissioner and in many cases shared her concerns about the human rights situation worldwide. Speakers noted the impact of the economic crisis and austerity measures, natural disasters and recent events in the Middle East and North Africa as causes of concern. Some speakers referred to the current crisis in the Horn of Africa and emphasized the need for concerted international action to prevent the loss of life. In the context of the twenty-fifth anniversary of the Declaration on the Right to Development, some speakers noted the importance of international cooperation and propitious international economic conditions to the fulfillment of some economic and social rights. Concerning the recent upheaval in the Middle East and North Africa, delegations recognized the role played by the Council and the Office of the High Commissioner for Human Rights in highlighting and bringing attention to instances of violence and alleged human rights violations against civilian populations. Others reiterated the importance of ensuring that the work of the Council had an impact on the ground. The importance of international cooperation and support from the international community was also noted.

Speakers said the Council and the international community should endeavor to promote consensus building, the cooperation of concerned countries and the development of the domestic capacity of States to fulfill international human rights obligations. Some delegations expressed concerns about the failure of some concerned countries to respond and engage with Special Procedure mandate holders; and with regards to cases of retaliation against human rights advocates and United Nations staff investigating human rights violations. Many delegations expressed their sympathies on the commemoration of the September 11 terrorist attacks and condemned acts of violence against civilians which violated the very right to life. It was noted, however, that any counterterrorist efforts should respect human rights norms and commitments; and speakers indicated that States’ were accountable in this regard. The important role played by United Nations High Commissioner for Human Rights and her Office was also underlined and some delegations reiterated the importance of protecting their independence and capacity by ensuring sufficient funding and cooperation from Member States.

Speaking in the general debate were representatives of Norway, India, Romania, Ecuador, Czech Republic, Maldives, Belgium, Jordan, Costa Rica, Philippines, Egypt, Sri Lanka, Turkey, France, Canada, Brazil, Algeria, Republic of Korea, Australia, Pakistan, Azerbaijan, Ethiopia, Japan, Germany, Paraguay, Honduras, Morocco, Vietnam, United Kingdom, Iran, Nepal, Afghanistan, Tunisia, Uzbekistan, Sudan and Kenya.

Representatives from the following non-governmental organizations also made statements: Asian Forum for Human Rights and Development, the European Region of the International Lesbian and Gay Federation, the Mouvement contre le racism et pour l’amitié entre les peuples, Lawyers’ Rights Watch Canada, Indian Council of South America, International Humanists and Ethical Union, France Libertes: Fondation Danielle Mitterrand, United Nations Watch, Amnesty International, Nord-Sud XXI, International Human Rights Association of American Minorities, and the Indian Movement “Tupaj Amaru”.

At the end of the meeting, Radhika Coomaraswamy, Special Representative of the Secretary-General on children and armed conflict, introducing her annual report, said that the year 2011 continued to be a devastating one for children in situations of armed conflict, although some progress was observed. Among the successes were action taken by the Security Council in July 2011 to make attacks on schools and hospitals a trigger for listing of parties to conflict in the annexes of the Secretary-General’s Annual Report on Children and Armed Conflict. The United Nations had facilitated the release of over 10,000 children associated with armed forces and armed groups.

New instruments of war, including the use of new technologies, the absence of clear battlefields and identifiable opponents had led to greater risks to children during military operations, Ms. Coomaraswamy said. Child casualties during ongoing military operations remained an issue of serious concern. The detention and prosecution of children in situations of armed conflict was another new challenge. Given the forced nature of children’s association with armed groups and considering their age, children should be treated primarily as victims, not as perpetrators. Emphasis should be placed on prosecuting adult recruiters and commanders based on human trafficking concept of command responsibility.

The Council will reconvene at 9 a.m. on Tuesday, 13 September 2011, to start its interactive dialogue with the Special Representative of the Secretary-General on children and armed conflict. It will then hold a clustered interactive dialogue with the Independent Expert on international solidarity and the Working Group on the use of mercenaries.

General Debate

HARRIET E. BERG (Norway) said Norway shared the concern of the High Commissioner concerning the crisis in the Horn of Africa. The prime cause was the protracted conflict in Somalia. The only long-term solution was a political solution that required peace and stability as well as good governance, rule of law and human rights. On the situation in the Middle East, it was a key priority of Norway that the Human Rights Council react urgently and send a clear message that the use of violence in the Arab world against peaceful protesters would not be tolerated. The proposal to establish a new mandate on the promotion of truth, justice, reparation and guarantees of non recurrence was highly relevant to the work of the Council. The Human Rights Council should support the Office of the High Commissioner for Human Rights in the Middle East and North Africa region in every way possible. Norway shared the concerns of the High Commissioner on violations of international criminal and humanitarian law in Sudan and stressed that a political solution should be found in the Blue Nile and South Kordofan regions. The Office of the High Commissioner for Human Rights should be deeply engaged in Libya, particularly in protecting human rights, above all for vulnerable groups. Human rights stood at the heart of peace, development and security.

GOPINATHAN ACHAMKULANGARE (India) said India was privileged to resume its membership of the Human Rights Council and its approach to the issues of the Council would be guided by the promotion and protection of human rights pursued through dialogue and cooperation while adhering to the principles of objectivity, transparency, non-selectivity, non-politicization and non-confrontation. India announced its decision to extend a standing invitation to Special Procedures. India noted that the continuance of the global economic crisis had serious implications for not only economic progress and prosperity but also for the enjoyment of human rights, particularly economic, social and cultural rights and consequently for world peace and security in the medium and long term. The insufficient regard for human rights by some States while adopting measures to fight terrorism deserved serious consideration. India expressed a reservation to the reference to discrimination based on descent and work being sought to be placed on par with discrimination faced by the Roma community, migrants, refugees, minorities and indigenous people.

MARIA CIOBANU (Romania) welcomed the emphasis placed by the High Commissioner for Human Rights on the promotion and protection of human rights as a prerequisite for peace, development and security; and expressed support for the independence of her Office in the fulfillment of her mandate. Violations of human rights in many parts of the world continued to raise concerns. Romania joined the calls to take action in order to counter intolerance, combat discrimination, fight marginalization and reject violence in all forms. The brutal terrorist attacks of September 11 were commemorated yesterday. Romania noted that the killing of civilians, regardless of the circumstances, had no justification and the international community should spare no effort to fight impunity and ensure accountability for human rights violations. In recent months people in the Middle East and Africa had demonstrated their commitment to engage themselves in shaping their future, to secure their welfare and to defend their rights and freedoms. This should be a lesson for all authoritarian States wherever they may be. Romania appreciated the strong role played by the Office of the High Commissioner in observing and reporting on the situation in these countries and in monitoring it, in dialogue and cooperation with the countries concerned. Romania welcomed and concurred with her evaluation that unless good governance, based on the rule of law and respect of human rights, became common practice, the road to democracy would be insecure and slowed down by hardship.

VERONICA AGUILAR (Ecuador) said the Horn of Africa was suffering from one of the worst hunger crises the world had known. Some countries had passed on their economic problems to the entire world. The food crisis was one of the reasons that caused people of Africa to seek a better life in the west. As such Western States should ease migratory polices. Ecuador agreed with the High Commissioner in the condemnation of terrorism but wished to draw attention to means taken to combat terrorism. Violence begot violence. Ecuador reminded that civilians had died in Iraq, Afghanistan and Pakistan not only at the hands of terrorists but also by the hands of international forces. The protection of civilians should receive the highest priority. Ecuador thanked the High Commissioner for drawing attention to the open wound of organized crime in Latin America and viewed with dismay that criminal violence surpassed that of internal conflicts. It was necessary to increase social investment to help young people avoid a life of crime.

KATERINA SEQUENSOVA (Czech Republic) reiterated the full support of the Czech Republic for the independence, integrity and impartiality of the Office of the High Commissioner for Human Rights. Good governance and the rule of law were two elements vital to creating an environment conducive to the promotion and protection of human rights, as well as for the prevention of human rights violations. Active and effective engagement of the Office of the High Commissioner for Human Rights in the Middle East and North Africa and the subsequent briefings on Libya and Syria had largely contributed to the increased attention that the Security Council had paid to these dire emergencies and gross human rights violations. The Czech Republic shared the emphasis on the crucial role of the Special Procedures mandate holders which, as an independent mechanism, played an important role in early warning processes by drawing attention not only to the full fledged crisis but also to emerging issues in the field of human rights.

AHMED NASEEM (Maldives) said that 2011 had been an important year for human rights and many countries which had suffered under autocratic rule had begun processes of transition and renewal. The success or otherwise of those transitions would depend to a large extent on the efforts of domestic stakeholders and the international community should play its part in supporting them. The Maldives believed that Sri Lanka was a clear case of a country undergoing a difficult transitional process and this needed the support of the international community. Their transition was not from one form of government to another but from war to peace; it constituted a process of post-conflict reconstruction and reconciliation and would be both long and difficult. The country had only recently emerged from a bloody and divisive 30-year long war in which the country faced a terrorist organization. It was surprising that steps taken by Sri Lanka to deal with the past and to strengthen human rights in the future continued to be met with disbelief and criticism. This autumn would also be a crucial moment for Palestine and its aspiration for statehood. The Palestinian people had, like everyone else, the right to self-determination, the right to a State of their own. They had waited long enough for that most basic of rights. United Nations recognition of Palestinian statehood would not harm the chances of a negotiated peace. The Maldives believed rather that it would help those chances by creating a situation in which two States could negotiate as equals.

FRANCOIS ROUX (Belgium) said the Office of the High Commissioner for Human Rights and its independence was indispensible for the promotion and protection of human rights. The Office of the High Commissioner for Human Rights played a crucial role in transitional countries that were in the process of moving toward democracy; Belgium would like to know the status of negotiations for the establishment of a regional office in Cairo which was essential for providing technical assistance to such transitional countries in the region. Belgium was concerned about activities in the Blue Nile and in South Kordofan and would support all initiatives of the Council to assist the Government of Sudan to implement the Council’s recommendations.

MUHIB MAHMOUD AHMAD NIMRAT (Jordan) said Jordan was saddened by the humanitarian suffering in the Horn of Africa and it had dispatched food aid to that country. The international community should continue to send humanitarian assistance to that region. Jordan wished to extend condolences to families of the 9/11 attack and stated that terrorism had no religion or nationally and combating it was the responsibility of the world at large. Jordan stressed the importance of refraining from violence in relation to the right of freedom of assembly.

MANUEL B. DENGO (Costa Rica) said that it was the obligation of the members of the Council and the international community to advocate the defense of victims of human rights violations and to become their voice. The High Commissioner had done well in reminding how the current economic crisis was affecting directly and indirectly the most vulnerable. This should be a source of inspiration and guidance for the work of the Council. The crisis of the Horn of Africa was absurd given the wealth possessed by States. The role of the Council was to move the international community to cooperate with those States in order to advance a sustainable system where the human being was at the heart of the concerns. Terrorism was the most cowardly form of war and the world had been confronting it for decades, but this was not an excuse to the systematic violation of human rights in the struggle against terror. This would imply the very denial of the international commitments States had acquired through the Universal Declaration of Human Rights and the Vienna Declaration. Sovereignty and national security should not be used as excuses to use force against civilian populations. The Council would do wrong to remain silent before obvious cases of human rights violations or if it allowed impunity to become common currency.

DENIS Y. LEPATAN (Philippines) said there was a growing demand for human rights throughout the world and consequently the work of the Human Rights Council and the Office of the High Commissioner for Human Rights would only continue to grow. The Philippines asked how the Human Rights Council could contribute solutions to the deepening economic and financial crises and their resulting adverse effects on the enjoyment of human rights within the reality of shrinking resources. The Philippines congratulated the Government of Sri Lanka on the progress so far achieved in reconstruction, rehabilitation, resettlement and reconciliation in the two short years after the end of armed conflict. The Philippines believed it was imperative for the Council to continue to highlight the human and social costs of climate change and said it was working with Bangladesh on an initiative on climate change at this session of the Council.

MAHMOUD AFIFI (Egypt) said Somalia and East African countries needed more attention from the international community. The right to development was an overarching right and Member States should not let human rights issues be neglected. Austerity measures alone may not address economic woes. Developments in the Middle East and North Africa region should not cause the international community to forget the usurpation of the rights of the Palestinian people. The Israeli blockade continued despite worldwide condemnation and Egypt called on the Council to assume its responsibility toward the Palestinian people.

TAMARA KUNANAYAKAM (Sri Lanka) said that terrorism had not raised its head since 2010 in Sri Lanka. The partiality of the High Commissioner had been once again manifested in the Council today. In April this year, after the release of the report of the panel set up by the Secretary-General, the High Commissioner had referred to Sri Lanka. Sri Lanka reminded the High Commissioner of the inaccuracy of her statement. The humanitarian operation was part of the State’s efforts to protect its people. Sri Lanka had incurred great cost to relocate vulnerable populations. Sri Lanka was combating one of the most ruthless terrorist organizations in the world. Sri Lanka categorically disputed that the combat of terrorism was designed with insufficient regard for human rights, considering the energy invested by the Government in the reconciliation process. The High Commissioner was unwilling to acknowledge the paradigm shift in governmental policy. It had to be appreciated that each Member State required a framework of security legislation. The current legislation in Sri Lanka was less stringent concerning terrorism than that of many other countries. Sri Lanka recalled that all national institutions functioned with due regard to principles of international law and Sri Lanka remained committed to providing unity and equality.

OGUZ DEMIRALP (Turkey) said that the food crisis was a subject that the Turkish Government had indentified as a priority. Somalia was undergoing a humanitarian catastrophe. Turkey had launched a vast national campaign to help Somalis affected by drought and famine and had sent humanitarian assistance material consisting of food, medical supplies and two fully equipped and staffed mobile field hospitals to Somalia. Turkey had also hosted the Emergency Meeting of the Executive Committee of the Organization of the Islamic Conference on Somalia on 17 August in order to draw attention to the crisis. Turkey was concerned about the negative repercussions of the current economic crisis on migrant communities and noted that the freedom of movement was an area in which artificial obstacles were being created with the excuse of economic woes and believed that the Human Rights Council should proactively play a role in strengthening the efforts of prevention in this problematic area. Turkey said that the democratic transformation in the Middle East and North Africa was of global importance but stressed that the cornerstone of any future stable order in the Middle East would be based on the resolution of the Palestinian question and urged Israel to take the necessary steps to meet the expectations of the Human Rights Council in this regard, including the flotilla case.

JEAN-BAPTISTE MATTEI (France) said the mission of the Office of the High Commissioner to Syria shone a light on grave violations which could be crimes against mankind. This blind repression had already caused 2,600 deaths. France had decided to increase its contribution to the Office of the High Commissioner for Human Rights this year. France shared the High Commissioner’s concern about Sudan and supported the High Commissioner’s call for a panel concerning matters in South Kordofan as well as the need for the renewal of the mandate of the Independent Expert on Sudan and urged the need for a follow-up mechanism concerning South Sudan. Finally given the famine in the Horn of Africa, France would triple its assistance to 30 million Euros. The international community must step up efforts to prevent a major humanitarian catastrophe in that region.

ALISON LECLAIRE CHRISTE (Canada) said that it was important to understand all the underlying factors of the changes seen in the last year to determine the most effective responses. Recent events in the Middle East reminded that human rights were non-negotiable and failure to respect them and to heed the call of people for freedom and democracy was unacceptable, unsustainable and must be condemned wherever they happened. The scourge of corruption was preventing people from accessing development opportunities and the full enjoyment of their rights. Religious freedom was a priority for the Government of Canada and it hoped to see the cross-regional cooperation in this area expand at the Council. Better addressing reprisals against human rights defenders, including those cooperating with the United Nations, and the targeting of United Nations staff was also needed. Canada recognized that the Council’s responses to grave situations had placed a growing burden on the Office of the High Commissioner for Human Rights. It was important to ensure that the challenges to the Office’s ability to effectively discharge its mandate were met. While recognizing the Council’s increased capacity to act, lengthy diplomatic efforts had also fallen short of protecting victims. For instance, despite repeated calls from the Secretary-General and the High Commissioner, what had been done to stop bloodshed and tyranny in Syria? The Council should hear and learn from those countries which had undergone wars and dramatic changes in recent years.

MARIA NAZARETH FARANI AZEVEDO (Brazil) said that as an emergency measure, Brazil had contributed to the World Food Programme with over $ 20 million for Somalia and with another $ 12 million for refugees in Kenya and Ethiopia and agreed with the need to foster long-term sustainability of food security. Brazil was worried at the impact of a renewed economic downturn on human rights and noted that it had managed to navigate the waters of the crisis by deepening its social programmes. Brazil remained alarmed by the rise of racism and discrimination in political circles and in society at large. To strengthen democracy, Governments and societies should ensure that such manifestations would not permeate politics and erode the values that the United Nations’ countries embraced in 1948. Brazil said that through sports the values enshrined in the Universal Declaration could be further promoted and Brazil would, in cooperation with the United Kingdom, introduce a draft resolution for the convening of a high-level panel on the topic. Brazil emphasized the need for the Human Rights Council and the Office of the High Commissioner for Human Rights to avoid double standards in dealing with countries.

IDRIS JAZAIRY (Algeria) said the food crisis in the Horn of Africa was caused not just by climate and governmental measures but also by international speculation on the price of basic foodstuffs. Algeria had granted $ 10 million in humanitarian assistance to the countries concerned. Algeria was undertaking wide spread reform to de-penalise press offences and guarantee protection for human right defenders.
Algeria noted the High Commissioner’s silence regarding the deteriorating human rights situation in Palestine. The dangers of terrorism were worsened by increased access to weapons due to developments in the region. Algeria regretted that the tenth anniversary of the Durban Declaration and Programme of Action had been attacked for political reasons by pressure groups. Algeria believed that imposing solutions in post conflict situations was not effective and in cases such as Sri Lanka exit strategies must be given time to bear fruit.

PARK SANG-KI (Republic of Korea) expressed the concern of the Republic of Korea that the dire humanitarian crisis in the Horn of Africa had put as many as 750,000 lives at risk of starvation. The Republic of Korea had actively contributed to relief efforts and stood ready to continue further in its work with the international community towards overcoming the crisis. The Republic of Korea was pleased to see that the Council had responded promptly to recent human rights emergencies across the Middle East and North Africa. The Council had delivered a unified message that serious human rights violations should be ended immediately and that accountability should be established. Transitional justice was essential for countries which were in the long-term process of state-building. It could not be overemphasized that lasting stability and true reconciliation could only be brought about by firm commitments to accountability, respect for human rights and good governance. The Republic of Korea shared the concern of the High Commissioner about civilian killings in situations of violence and supported her view that the protection of civilians should be at the centre of the Council’s efforts.

RUTH STONE (Australia) said that Australia valued the independence of the Office of the High Commissioner for Human Rights and commended the High Commissioner for her public statements on situations of human rights violations, particularly on the situation in Syria. Australia valued the work of the Office of the High Commissioner for Human Rights field officers engaged in human rights promotion and protection in insecure and hardship environments. Australia welcomed the High Commissioner’s strong support for national human rights institutions, which played an invaluable role in promoting and protecting human rights around the world and encouraged the Office of the High Commissioner to continue its valuable work and outreach to States as the Council moved towards the second cycle of the Universal Periodic Review.

MARIAM AFTAB (Pakistan) said it was important to combat intolerance and prejudice. Many Muslims in Western countries were the victims of growing intolerance and xenophobia. Terrorism was a critical issue for Pakistan which had resulted in a considerable loss of life and economic growth for the country. Pakistan said there was a need for a special responsibility on behalf of all States to avoid illegal practices such as torture in the shared campaign against terrorism. Pakistan had always maintained that the ultimate solution to resolve terrorism would require not military means but an understanding of the drivers that led individuals to pursue terrorist acts, notably in Palestine and India occupied Kashmir.

ISMAYIL ASADOV (Azerbaijan) said Azerbaijan was deeply concerned about the humanitarian crisis in the Horn of Africa and in particular, in Somalia. Azerbaijan had already financially contributed to the food crisis. Faced with the horrifying terrorist attacks on its territory long before the world witnessed the tragic events of 11 September 2001, Azerbaijan was continuing to stick to its policy of a high level of tolerance towards various groups and religions and was the bulk of intercultural and interreligious harmony in the South Caucasus. Azerbaijan had always displayed its consistent policy of full cooperation and active interaction with the Office of the High Commissioner, and noted its letters dated 3 May, 7 June and 22 July 2011 concerning the intentional killing of two Azerbaijani children, asking the High Commissioner to condemn the incident. Azerbaijan was upset to see no substantive reaction from the Office of the High Commissioner.

LULIT ZEWDIE GEBREMARIAM (Ethiopia) said that the changing nature of climate had aggravated natural disasters in certain parts of the world. In Ethiopia, the prolonged La Nina conditions had affected two consecutive rainy seasons causing rapidly deteriorating food security in the drought affected lands. The Government was determined to guarantee food security through effective implementation of the five-year Growth and Transformation Plan. In the Vienna Declaration and Programme of Action, States reaffirmed their commitment to fulfill their obligations to promote the universal respect for human rights. Ethiopia had recently elaborated and launched a National Plan of Action for the Promotion and Protection of Human Rights in the country. The implementation of the plan would foster the concepts of human rights and human development and set specific goals to enhance the human rights cause in the country. Ethiopia would join other countries which adopted their respective action plan in line with the recommendations of the Universal Periodic Review mechanism. In addition, Ethiopia had set up a steering committee in charge of designating human rights promoting and protection programme led by the Foreign Affairs Ministry. Ethiopia remained fully committed to the protection and promotion of human rights through concrete legislative and institutional measures.

KENICHI SUGANUMA (Japan) said constant dialogue and cooperation were important in the protection and promotion of human rights. Regarding States in transition, Japan shared the High Commissioner’s views on the need for each new nation to build a society by achieving reconciliation among its citizens. The issue of international justice was crucial and Japan welcomed the expertise offered by the Office of the High Commissioner for Human Rights. Japan urged the Syrian Government to cooperate fully in implementing the adopted resolution on the Special Session on Syria held in August. Japan reiterated the importance of the financial responsibility concerning the Council’s decisions and said it was important that Member States and the Office continued to pay further attention to this matter.

REINHARD SCHWEPPE (Germany) said people in the Middle East and North Africa longed for freedom and the possibility to live a life in which they enjoyed their self-determination. Human rights were at the heart of the world’s present political and economic challenges. Germany supported the High Commissioners’ call for an end to impunity for gross violations of Human rights. The economic crisis could not be used as an excuse for the violation of human rights. The work of Special Procedures and their independence must be respected by all countries.

RAUL MARTINEZ (Paraguay) said that the tragic events of 11 September had serious consequences in the international order and joined the commemoration of its victims in order to remind that people from different nationalities died n the attacks, including two Paraguayans. Paraguay had contributed to the struggle against terrorism and Paraguay’s foreign policy rejected the use of force; States’ activities should observe the respect for human rights among their citizens in this area. Paraguay agreed with the High Commissioner that the Special Procedures collaborated in the construction of the human rights in many States. Paraguay kept its doors open to the Special Procedure mandate holders and their visits were always welcome. States could demonstrate their spirit of openness and trust by expressing their permanent disposition to welcome visits from the Special Procedures.

ROBERTO FLORES BERMUDEZ (Honduras) said that when faced with a crisis of survival, good governance, human rights and the rule of law were essential in responding to difficult situations. Honduras wished to highlight the reference in the High Commissioner’s report to organized crime activities that had resulted in human rights violations and said it would face this problem with the backing and support of international stakeholders.

MOHAMED ACHGALOU (Morocco) said Morocco shared the conviction of the High Commissioner of the need to make all efforts to mitigate the effect of the global food and financial crises, especially in the Horn of Africa. Morocco appreciated that transitional justice must take into account specific contexts. Morocco had ensured the constitutionality of the recommendations of the Truth and Reconciliation Committee crowning the process of transitional justice that followed a decade of reform in the Kingdom.

Libya needed long-term assistance and an integrated development programme and Morocco called on the Human Rights Council to allow Libya to regain its seat on the Human Rights Council, which would give a strong signal to the National Transitional Council which had already placed human rights at the heart of proposed constitution for their country.

VU DUNG (Viet Nam) expressed concern regarding the current human rights challenges such as the negative effects of public debt crises and the global recession, social cuts and other austerity measures, and natural disasters, of which victims were often people belonging to vulnerable groups such as women, children, persons with disabilities and migrants. The international community should work together closely in finding solutions and addressing these concerns more effectively and the High Commissioner had an important role to play in this common endeavor. Peace, stability and development remained top priorities. Without them, even the right to life, the most fundamental right, could not be ensured. Viet Nam expressed its concern with the situation in North Africa and the Middle East. Scenes of hunger and death in the Horn of Africa were appalling. The international community should provide generous assistance to the people in the region. Counterterrorism and the prevention of violence were legitimate, but they must be based on the rule of law and in compliance with international standards in order to avoid the erosion of human rights. Any selectivity and double standards must end.

PETER GOODERHAM (United Kingdom) said that it took courage and commitment to promote and protect human rights as the tragic attacks on the United Nations personnel in Abuja had recently demonstrated. The United Kingdom would work closely with the Office of the High Commissioner for Human Rights and the Member States of the Council to build on the progress made particularly at its June session and looked forward to the oral update from the Commission of Inquiry on Libya and to the Office of the High Commissioner for Human Rights’ Fact Finding Mission report on Syria. The United Kingdom remained concerned about the situation in Southern Kordofan and the Blue Nile state and deplored the suffering of civilians affected by the ongoing violence. The United Kingdom urged the Government of Sudan and the Sudan People’s Liberation Movement-North to allow access for humanitarian assistance.

SEYED MOHAMMAD REZA SAJJADI (Iran) said that resolving the ongoing food crisis in the Horn of Africa, in particular in Somalia, should be at the heart of efforts of the international community and all relevant United Nations bodies. In order to address accurately the mounting fears of another global recession as a result of economic and financial policies of certain Western countries at their national level there was an urgent need for a more vigilant, crystal clear, accountable and rights-based approach by those countries. Muslims around the world continued to be confronted with ever increasing instances of intolerance, negative stereotyping, stigmatization, discrimination and violence on the basis of their religion. There was an essential need for the Human Rights Council to investigate the role of some Western countries in crimes committed against the people of countries under dictatorship regimes in the region taking into account the recent revealed classified documents confirming assistance and support of their intelligent services.

DINESH BHATTARAI (Nepal) said Nepal welcomed the focus on the situation in the Horn of Africa. Nepal believed in the enhancement of national institutions in supporting human rights as there was no substitute for local knowledge. Nepal condemned terrorism in all its terms and called for collective action to combat the growing menace of terrorism. Human rights issues must be made with due respect to national sovereignty. On the twenty-fifth anniversary of the Declaration on the Right to Development, States must work to realize this right.

ZALMAI AZIZ (Afghanistan) indicated that the people of Afghanistan continued to suffer from terrorism and insurgency and continued attacks on government and civilian targets. These attacks were carried out at random and caused serious damages to the civilian population. An ongoing process of transferring responsibilities for security to the Afghan Government was currently taking place. As the Government of Afghanistan was increasingly responsible for security, it reiterated its commitment to ensure the safety and the protection of civilians and its intention to protect non-combatants.

SAMI BOUGACHA (Tunisia) said that on 14 January 2011, the people of Tunisia achieved freedom, dignity and human rights following a popular uprising. On 23 October there would be constituent elections for the Parliament which would place Tunisia on the footing for establishing firm human rights. International organizations would help with these elections by sending observers. The Government had withdrawn reservations to the Treaty of Rome and had created a general amnesty for all prisoners of opinion. An overall revision of legislation and practices regarding human rights was ongoing with an open invitation to all Special Rapporteurs and mechanisms to visit Tunisia. On 31 October a meeting would be held with the High Commissioner on the implementation of the recommendations of the Universal Periodic Review.

BADRIDDIN OBIDOV (Uzbekistan) noted the importance of setting up follow-up mechanisms to ensure the implementation of the recommendations of the Universal Periodic Review, like it had highlighted at the previous session. Uzbekistan was pleased to note the stand of the Office of the High Commissioner for Human Rights that it was ready to assist in the implementation of the Review’s recommendations. A delegation from the Office of the High Commissioner had recently visited Tashkent and Uzbekistan was involved in negotiations for assistance regarding measures in which Uzbekistan may be assisted, in respect of recommendations made in their own Universal Periodic Review.

ABDELRAHMAN DHIRAR (Sudan) said that the report of the High Commissioner showed great interest in the economic crises experienced by rich and developing countries, but did not address the situation of developing countries which had suffered from pillage, and the need for technology transfers, in the context of the right to development. The report was based on biased information and its validity had been brought into question. This issue had been addressed before and independent committees had been set up to assess human rights violations. There was therefore no need for any international inquiry. The fact that the Government of Sudan was fulfilling its responsibility and that the military and police was in charge of the situation and protecting the civilian population after they were terrorized by the rebels, had not been taken into account by the High Commissioner, as she had also ignored previous achievements of Sudan. Furthermore, while the Office of the High Commissioner asked for an international inquiry, Sudan was confident that the Council would listen only to well-founded claims.

JAMES KIHWAGA (Kenya) said that concerning the food emergency and humanitarian situation in the Horn of Africa, Kenya encouraged more concerted efforts by the international community to address this issue with an emphasis on long term solutions and sustainability. Kenya was fully convinced that the cooperation of the international community would produce positive results for the long term solution of the food crisis.

GIYOUN KIM, of Asian Forum for Human Rights and Development, expressed concern at the Prevention of Terrorism Act in Sri Lanka, which conferred extraordinary powers to the military, police and the executive while drastically curtailing civil liberties and judicial protection of human rights. The findings and recommendations contained in the report of the Secretary-General’s Panel of Experts on accountability issues must be brought to the agenda of this Council for its debate and action. The Asian Forum regretted that the drafting committee appointed by the ASEAN Member States human rights declaration was following a closed process without consultation and participation of civil society; and urged the intergovernmental commission to ensure regular, transparent, inclusive and substantive dialogue with its national constituencies.

SHEHEREZADE KARA, of European Region of the International Lesbian and Gay Federation (ILGA-EUROPE), in a joint statement with Canadian HIV/Aids Legal Network, commended the work of the High Commissioner to address acts of violence and discrimination based on sexual orientation and gender identity and looked forward to the report that her Office had been tasked to prepare. The Federation encouraged the High Commissioner to integrate information about these human rights issues within her reports and updates to the Council. It remained a concern that two-thirds of the communications from Special Procedures on these issues went unanswered. Systematic monitoring, follow up and concrete action to address situations of reprisals remained an important priority.

GIANFRANCO FATTORINI, of Mouvement contre le racisme et pour l'amitié entre les peuples, said that the Movement against Racism denounced implementation of policies that were invested in military campaigns that impoverished the people. The Movement against Racism believed that the protection of civilians was a priority and noted the violations of human rights in the Kurdistan areas of Turkey and requested that the Human Rights Council investigate this issue along with a campaign by the Chinese Government called Strike Heart against the Muslim Uighur population in China.

GARY ANANDASANGAREE, of Lawyers Rights Watch Canada, said that the international effort in the name of fighting terrorism had allowed many Governments to trample on individual liberties and liberally suspend civil rights. One such tragedy was the deteriorating situation in Sri Lanka where the Government had embarked on a no-holds barred attack against the Liberation Tigers of Tamil Eelam and in doing so had ignored the plight of innocent Tamil civilians. It was imperative that the United Nations’ human rights system act as a deterrent to breaches of international human rights laws and war crimes and Lawyers Rights Watch urged the Council to ensure that Sri Lanka adopted the recommendations of the Secretary-General’s Panel of Experts on Accountability in Sri Lanka.

RONALD BARNES, of Indian Council of South America, said denial of self-determination had been the source of grave human rights violations leading to disappearances, extrajudicial killings, torture, arbitrary arrest and detention. They disagreed with the recent statement by the President of the Human Rights Council that indigenous peoples could only implement their right to self-determination via the United Nations Declaration on the Rights of Indigenous Peoples.

HANNAH BOCK, of International Humanist and Ethical Union, welcomed remarks condemning the killing of 20 people in Abuja in a terrorist attack. The representative called on religious leaders to make it plain that no religion justified the taking of innocent lives.

ORETTA BANDETINI DI POGGIO, of France Libertés – Fondation Danielle Mitterrand, expressed concern regarding the situation of Camp Ashraf in Iraq. Two massacres in July 2009 and April 2011 had occurred despite urgent previous alerts to the international community by human rights non-governmental organizations which had gone unheeded. France Libertes was appalled and worried by the Iraqi Government’s deadline to close Camp Ashraf without having provided a safe solution and called upon the Council to recall Iraq’s obligations. France Libertes also called on the High Commissioner for Human Rights to monitor the human rights situation in Camp Ashraf and called upon the High Commissioner for Refugees to provide effective international protection measures.

ALEXIA BEDAT, of United Nations Watch, said that more than 50 pro-democracy dissidents and human rights groups, led by United Nations Watch, would meet next to the United Nations in New York on 21 and 22 September for a Global Summit Against Non-Discrimination and Persecution. The activists would produce a draft United Nations resolution for world leaders to adopt on governments that committed genocide, torture, discrimination and that systematically violated civil, religious and political freedoms.

ISHTIYAQ HAMEED, of International Human Rights Association of American Minorities, said the Association would like to bring to the attention of the Council and the Office of the High Commissioner for Human Rights the recent report by the Jammu and Kashmir Human Rights Commission which confirmed the presence of hundreds of bodies in mass graves in Indian-held Kashmir. What efforts were being undertaken by the Office of the High Commissioner for Human Rights to ensue that the Government of India was complying with both its moral and human rights obligations?

LAZARO PARY, of Indian Movement “Tupaj Amaru”,, said that the major challenge facing the global community was the financial crisis and public debt which was an international public disorder imposed by the people of the north on the people of the south. There was an urgent need for controls on the speculation of food prices. Tupak Amaru said it opposed the use of violence and bombs to impose the will and ideas of one people on another.

CURTIS DOEBBLER, of North South XXI, welcomed heightened attention to social and economic rights. North South XXI also highlighted the importance of the issue of non-discrimination. North South XXI requested the High Commissioner to encourage States to participate in the high-level meeting on 22 September condemning racial and other forms of discrimination.

PETER SPLINTER, of Amnesty International, welcomed the fact that the Government of Sri Lanka had come before the Human Rights Council to discuss its serious human rights problems. The end of the conflict in Sri Lanka two years ago had not ended the human rights violations. Amnesty International said their analysis of the Lessons Learned and Reconciliation Commission was that it was not a genuine accountability mechanism. The Council must envisage the creation of an independent international accountability mechanism to aid the Sri Lankan Government in providing the truth and justice necessary for a genuine sustainable reconciliation process.


Documentation

The Annual Report of the Special Representative of the Secretary-General for Children and Armed Conflict, Radhika Coomaraswamy (A/HRC/18/38) presents her activities undertaken in discharging her mandate, including information on her field visits and on the progress achieved, as well as challenges remaining on the children and armed conflict agenda. The report covers the period from May 2010 to May 2011. In the report, the Special Representative highlights how children continue to be disproportionately affected by armed conflict and to have their basic rights violated. She sheds light on the growing trend of attacks on schools and hospitals, which increasingly deprives children in situations of armed conflict of education and access to health care. She also discusses the complex issue of accountability of children involved in armed conflict and children’s access to justice, by examining how the current system enables child witnesses and victims to give evidence against perpetrators. The report includes information on the Special Representative’s field visits to Somalia, Afghanistan and the Philippine. The report concludes with recommendations for State parties to the Convention on the Rights of the Child, for States undergoing the Universal Periodic Review and for members of the Human Rights Council to comply with international law.

Statement by the Special Representative of the Secretary-General on Children and Armed Conflict

RADHIKA COOMARASWAMY, Special Representative of the Secretary-General on Children and Armed Conflict, said that the year 2011 continued to be a devastating one for children in situations of armed conflict, although some progress was observed. Among the successes were actions taken by the Security Council in July 2011 to make attacks on schools and hospitals a trigger for listing of parties to conflict in the annexes of the Secretary-General’s Annual Report on Children and Armed Conflict. The Security Council recognized the importance of these institutions, essential for children, and the need to make them areas of safety during armed conflict. Child protection partners around the world had insisted that the right to education be an important part of emergency response and that schools should continue even in emergency situations.

The United Nations had facilitated the release of over 10,000 children associated with armed forces and armed groups. Commitments made by the Unified Communist Party of Nepal-Maoist, the Moro Islamic Liberation Front in the Philippines and the Sudan People’s Liberation Army had been translated into concrete actions by these parties. Efforts on the ground also ensured the release of children in the Central African Republic, the Democratic Republic of Congo, Myanmar and Sri Lanka. New Action Plans to cease the recruitment of children as well as to secure their release were signed by the Untied Nations and the Government of Afghanistan on 30 January 2011 and the Chadian National Forces on 16 June 2011. Religious leaders were also responding to the concerns of children in armed conflict by taking a public stance against acts of violence against children.

New instruments of war, including the use of new technologies, the absence of clear battlefields and identifiable opponents, had led to greater risks to children during military operations. Child casualties during ongoing military operations remained an issue of serious concern. Whether in Afghanistan, Libya or Pakistan, wherever aerial attacks and drone operations occurred, the technological potential to kill civilians, including children, may result in devastating circumstances. Another growing concern was the use of children as suicide bombers. Throughout the years, in different countries, there had been an increase in the use of child suicide bombers and child victim bombers, those who had not even known they were carrying explosives and who were detonated from a distances. The use of girls’ and boys’ bodies as bombs of destruction was one of the most perverse developments in modern welfare and there was a need for a universal outcry on this issue, across regions, religions and national boundaries. The detention and prosecution of children in situations of armed conflict was another new challenge. Children who were captured and placed in detention were sometimes kept in conditions which would not meet human trafficking minimum standards set out in various international legal instruments. Given the forced nature of children’s association with armed groups and considering their age, children should be treated primarily as victims, not as perpetrators. Emphasis should be placed on prosecuting adult recruiters and commanders based on human trafficking concept of command responsibility.

Ms. Coomaraswamy said a working paper on children and justice would be launched at this session of the Human Rights Council which would further explore the issue of accountability of children who had committed criminal acts during armed conflict and alternatives that could be used to assist children in reintegrating into society. The international community and national Governments should have the resources to help children who were victims of violations to begin a new life.


For use of the information media; not an official record

HRC11/105E