HUMAN RIGHTS COUNCIL DISCUSSES CAPACITY BUILDING AND TECHNICAL ASSISTANCE TO SOMALIA AND THE CENTRAL AFRICAN REPUBLIC

The Human Rights Council today held separate interactive dialogues with Bahame Nyanduga, Independent Expert on the situation of human rights in Somalia, and with Marie-Thérèse Keita Bocoum, Independent Expert on the situation of human rights in the Central African Republic. The Council also heard the presentation of country reports by the Secretary-General and the High Commissioner and oral updates on Sri Lanka, Iraq, Cambodia, Yemen and the Democratic Republic of the Congo and held a general debate on technical assistance and capacity building.

In his report on the human rights situation in Somalia, Bahame Nyanduga, Independent Expert on the situation of human rights in Somalia, said that weak State institutions, poverty and displacement had created an environment of rampant violations of civil, political, economic, social and cultural rights of the Somali people. The frequent attacks by Al-Shabab on State institutions and civilians posed a great threat to human rights, while the fight against those forces led to the grave endangerment of freedom of expression and opinion. With regard to accountability, the Government should investigate crimes and abuses and the United Nations should play a crucial role in fighting impunity.

Speaking as the concerned country, Somalia said that it had established ad-interim a Human Rights Task Force to investigate the killing of journalists and sexual violence against women, and to adopt the first post-transition human rights roadmap 2013-2015. Somalia reiterated its zero tolerance policy against sexual violence and exploitation of women and girls and called for the support to its efforts to deal with impunity for all acts of sexual violence committed by parties to the conflict, African Union Mission to Somalia and non-State actors.

In the ensuing discussion, speakers said that a stable country was a precondition to the improvement of the human rights situation in Somalia; it was necessary to focus on the implementation of judiciary and security sector reforms and ensure swift progress on the political front over the next year through agreeing on a federal model, drafting a new constitution and preparing for the 2016 elections. Reports of sexual exploitation by the African Union Forces were a cause for concern and speakers urged all parties to prevent abuses and ensure accountability. Delegations were deeply concerned about the grave and worsening humanitarian situation with worrying levels of food insecurity and malnutrition and underlined the need to act now to avoid escalation of the crisis, and also to consider longer-term solutions to food insecurity in Somalia such as support for agriculture and livelihood programming.

Speaking in the interactive discussion were the European Union, Ethiopia on behalf of the African Group, United Arab Emirates on behalf of the Arab Group, United Kingdom, Italy, Djibouti, China, United States, France, the United Nations Children Fund, Algeria, Yemen, Ireland, Australia, Qatar, Denmark, Morocco, United Arab Emirates, Egypt, and Mozambique.

The following non-governmental organizations also spoke: International Federation of Journalists, East and Horn of Africa Human Rights Defenders Project, International Education Development, Article 19, Amnesty International, and Human Rights Watch.

Marie-Thérèse Keita Bocoum, Independent Expert on the situation of human rights in the Central African Republic, referred to her mission to the Central African Republic and spoke about the political situation following the signing of the Brazzaville Agreement on the cessation of hostilities on 23 July. The humanitarian situation was still very difficult, although the number of internally displaced persons had been reduced, and refugees were starting to return. There had been some improvements to the human rights situation but in Bangui the sense of fear was almost as strong as the actual insecurity and prevented people from going about their daily lives.

Taking the floor as the concerned country, the Central African Republic said that given the climate of insecurity and violence, and the delay in providing the necessary funding, it was unrealistic to expect that the Government could deliver on its commitment to hold the elections. Continuing support and the permanent presence of the international community were crucial and the mandate of the Independent Expert should be renewed to facilitate the implementation of recommendations and the return of the rule of law. The Central African Republic reiterated its commitment to the Rome Statute and welcomed the decision of the International Criminal Court to continue to keep the country under review.

Delegations participating in the discussion remained deeply concerned about the worsening humanitarian situation and the climate of insecurity and its effect on human rights, and reiterated the need to fight impunity through strengthening the judiciary and prosecuting perpetrators of those acts, with the support of the international community. Speakers strongly condemned deliberate attacks against civilians on account of their religion and origin, recruitment of child soldiers and attacks on humanitarian workers. They underlined the importance of renewing the mandate of the Independent Expert and asked about further measures that the international community could undertake in order to protect the most vulnerable groups.

Ethiopia on behalf of the African Group, the European Union, the Republic of the Congo on behalf of Groupe Francophone, Egypt, Morocco, Cote d’Ivoire, Chad, Ireland, Australia, Belgium, Luxembourg, Angola, Lithuania, Estonia, Algeria, Mali, China, Congo, and France took the floor.

Femmes Afrique Solidarite, Amnesty International, Human Rights Watch, and Servas also spoke.

Flavia Pansieri, Deputy High Commissioner for Human Rights, presenting country reports and oral updates by the Secretary-General and the High Commissioner, said that the situation in Iraq continued to deteriorate in the light of abuses committed by the Islamic State in Iraq and the Levant (ISIL). Many of the abuses could amount to war crimes or crimes against humanity; accountability must be established for the brutal, dehumanizing crimes that had been committed and Iraq should ratify the Rome Statute. It was regrettable that Sri Lanka refused to engage in the international investigation which was a unique opportunity to establish an accurate record of patterns of human rights violations committed by both sides during the latter period of the conflict.

In the Democratic Republic of the Congo, armed groups and members of the Congolese defence and security forces continued to commit serious human rights violations, particularly in eastern provinces affected by conflict, which demonstrated the need for more proactive engagement from the Congolese army and troop-contributing countries to protect civilians. Progress in Cambodia had been achieved in several areas, including the administration of justice, while the agreement between the ruling and opposition parties resolved the political stalemate that had led to street protests, some of which had been met with excessive force and restrictions on freedom of expression. In Yemen, the deteriorating security situation, including in the capital, and the continued marginalization of and violations against the Muhamasheen and other minorities remained areas of concern.

Cambodia, the Democratic Republic of the Congo, Iraq, Sri Lanka and Yemen spoke as concerned countries.

Cambodia said it had made strenuous efforts in the implementation of judicial reforms and had adopted a five-year strategy plan on prison reform which provided a framework for prison management and treatment of prisoners in compliance with international norms and standards.

The Democratic Republic of the Congo deplored accusations in the report including human rights violations, torture, arbitrary arrests and the massacre of civilians at the hand of national security forces, and said that the report had taken stock of events that had occurred before June 2013 which was outside of the reporting period.

Iraq said it stood ready to provide any support to the Commission of Inquiry on the crimes committed by the Islamic State in Syria and the Levant and said that it had formed a Government of national unity in September, which was ready to fight terrorism and support recovery and rehabilitation.

Sri Lanka said that the investigation by the Office of the High Commissioner for Human Rights violated national sovereignty and independence, and would impede the process of reconciliation in the country.

Yemen said that the country was undergoing a difficult conflict with many civilian casualties and hoped that the peace agreement concluded in September 2014 would lead to a national dialogue conference, and provisions for the creation of a national unity government.

In the general debate that followed, speakers expressed dismay about the situation in Iraq and the violations and abuses carried out by the Islamic State in Iraq and the Levant, whose spread into Iraq demanded that the international community unite against terrorism in the Middle East. Several delegations urged Sri Lanka to reconsider its decision not to cooperate with the Office of the High Commissioner for Human Rights’ mission into alleged human rights violations during its civil war, while others stressed the politically motivated nature of this resolution and said that investigative powers conferred on the Office were controversial and unwarranted. The high level of impunity and sexual violence and the deteriorating human rights situation in the Democratic Republic of the Congo were issues of concern, and speakers called on the Office to remain transparent in its investigations of human rights violations there. All parties in Yemen should remain committed to the principles of the national dialogue conference and do their utmost for a peaceful and stable country.

Speakers said that technical assistance and capacity building helped countries meet their international and regional obligations in the field of human rights, and stressed the absolute need to respect the principle of the consent of the State concerned. Using technical assistance to politicize human rights issues and impose values could rarely bring about improvements; instead, it should be aimed at rebuilding human rights infrastructure and furthering the rule of law and democracy.

Speaking in the general debate were Italy on behalf of the European Union, Russia on behalf of a Group of States, Egypt on behalf of a Like-Minded Group, United Arab Emirates on behalf of the Arab Group, Thailand on behalf of a Group of States, Montenegro, Ireland, United States, Venezuela, France, United Kingdom, Russia, Morocco, Cuba, China, Sierra Leone, Maldives, India, Philippines, Namibia, Algeria, Costa Rica, Pakistan, Netherlands, Norway, Thailand, Mozambique, United Nations Children Fund, Sudan, Belgium, Council of Europe, Sri Lanka, Qatar, Canada, Switzerland, Myanmar, South Sudan, Azerbaijan, Bangladesh, Lao People’s Democratic Republic, and Uzbekistan.

Pasumai Thaayagam Foundation, Asian Forum for Human Rights and Development, International Federation for Human Rights Leagues, Advocates for Human Rights, International Movement against All Forms of Discrimination and Racism, Alsalam Foundation, Cairo Institute for Human Rights Studies, CIVICUS World Alliance for Citizen Participation, Americans for Democracy and Human Rights in Bahrain, Commonwealth Human Rights Initiative, Servas International, Human Rights Watch, Amnesty International, Rencontre Africaine pour la Defense des Droits de l’Homme, International Buddhist Relief Organization, Reporters Sans Frontieres International, Liberation, and Le Collectif des Femmes Africaines du Hainaut also spoke.

Thailand, Sri Lanka, Ethiopia, and the Democratic Republic of the Congo spoke in a right of reply.

The Human Rights Council is holding a full day of meetings today. This afternoon it will begin to take action on draft decisions and resolutions. The Council will conclude its twenty-seventh regular session on Friday, 26 September.

Interactive Debate with the Independent Expert on the Situation of Human Rights in Somalia

The Council has before it the report of the Independent Expert on the situation of human rights in Somalia (A/HRC/27/71)

Presentation by the Independent Expert on the Situation of Human Rights in Somalia

BAHAME NYANDUGA, Independent Expert on the Situation of Human Rights in Somalia, said he was reporting to the Council only three months after his appointment and without conducting a mission to Somalia, so he had been met with the challenge of preparing a report without interacting with State and government officials and other stakeholders in Somalia. The report contained a summary of meetings with various stakeholders outside Somalia. Nevertheless, he assured the Council that the findings and conclusions in the report were based on extensive research and interviews with various actors familiar with the human rights situation in Somalia. The situation in Somalia was characterized by two decades of anarchy. Weak State institutions, poverty and displacement had created an environment of rampant violations of civil, political, economic, social and cultural rights of the Somali people. Women, children, and the elderly continued to bear the brunt of those violations. Frequent attacks by Al-Shabab on State institutions and the civilian population continued and posed a great threat to human rights in Somalia. The fight against the Al-Shabab forces had led to the grave endangerment of freedom of expression and opinion, and the Government had closed two radio stations in Mogadishu, and some journalists had been detained. The conflict had also led to a great number of displaced persons. The forceful eviction of refugees was particularly worrisome, as well as continuous reports of sexual violence against women and girls, especially those from minority groups. Such crimes were reported to have been committed both by the Somalia National Army and Al-Shabab forces.

Recently, efforts of the United Nations, the African Union, the Inter-Governmental Authority on Development and individual countries from the region and beyond, together with the Somali Government, had sought to contribute to the restoration of peace and stability in the country. Mr. Nyanduga urged the Federal Government of Somalia to investigate committed crimes and to hold perpetrators accountable. He also called on the United Nations to play a crucial role in fighting impunity. He voiced hope that Somalia would awaken to the possibility of peace and stability following a referendum on a permanent national constitution in 2015 and general elections in 2016. The Somali Government had recently put forward a bill for the establishment of a National Human Rights Commission. Mr. Nyanduga called on the Human Rights Council to support the Somali Government to reform its justice and security sector, and called on the international community to commit more resources to alleviate the ongoing food crisis in the country.

Statement by the Concerned Country

Somalia, speaking as the concerned country, welcomed and appreciated the report which clearly indicated the areas where the Independent Expert intended to focus during the coming six years of his mandate and regretted the huge implementation gap of the Council’s resolutions by the United Nations Assistance Mission in Somalia (UNSOM). A major achievement in 2011 had been the robust and frank engagement with the Universal Periodic Review process and the full acceptance of 151 out of 155 received recommendations, while the institutions of the rule of law and justice were now taking root. A Human Rights Task Force ad-interim had been established to investigate the killing of journalists and sexual violence against women, and to adopt the first post-transition human rights roadmap 2013-2015. Somalia faced a peculiar challenge of harmonizing its traditional setting with the modern statehood, while the most immediate challenge remained the provision of social services. The notions of access to resources and political representation had a great impact on securing lasting peace and security in Somalia. Somalia reiterated its zero tolerance policy against sexual violence and exploitation of women and girls and called for the support of its efforts to deal with impunity for all acts of sexual violence committed by parties to the conflict, African Union Mission to Somalia and non-State actors.

Interactive Dialogue

European Union called on Somalia to prioritize the implementation of the human rights roadmap and recognized that improving the human rights situation was a challenge. All parties should minimize the impact of their security operations on civilians and on food security while the African Union should investigate the allegations of sexual exploitation by members of the African Union Mission to Somalia. Ethiopia, speaking on behalf of the African Group, emphasized the importance of supporting the Somali-led peace process and called on the international community to further intensify its efforts to completely liberate the country from Al Shabab and reunite the country. United Arab Emirates, speaking on behalf of the Arab Group, said that the Council should devote more attention to the situation in Somalia, particularly in the light of recurrent human rights violations, and appealed to the international community to show greater interest in the security situation in the country.

United Kingdom remained particularly concerned by violence against women, the recruitment and use of children in the conflict, the vulnerability of refugees, and the targeted killings of journalists, and pledged £ 45 million in relief, calling on international partners to support efforts to avoid the repeat of the famine in 2011. Italy expressed steadfast support to the Government of Somalia in its endeavour to achieve peace and stability in the country, and pledged support to all initiatives to enhance security in the country. To that end, Italy had contributed training courses to the Somali National Police. Djibouti deplored the attacks on civilians and Government officials by the Al-Shabab forces, and welcomed the fact that the Independent Expert would conduct a thorough analysis of human rights violations in the country. China commended the Somali Government for having established institutions that would help secure peace, stability and national reconstruction, and called on the international community to increase its support for the African Union Mission to Somalia.

United States underlined the importance of judicial and security sector reform in Somalia in order to build a sustainable democratic system in the country, adding that there should be zero tolerance for human rights violations. France expressed concern over continued violence in Somalia and impunity for committed crimes, and encouraged the Somali Government to establish the National Human Rights Committee as soon as possible. UNICEF expressed concern about gender-based violence and grave violations of children’s rights in Somalia, such as separation from family and lack of humanitarian access, resulting in acute malnutrition. Algeria said that a stable country was a precondition to the improvement of the human rights situation and it was necessary to focus on the implementation of reforms in the judiciary and security sectors and ensure a stable political system in Somalia. Yemen continued to call on the international community to appropriately address the tragedy in Somalia, which spurred so many Somalis to flee, and said that could only be done through a comprehensive plan composed of political, security, human rights and humanitarian elements.

The humanitarian situation in Somalia and the looming drought which threatened to worsen an already acute crisis were of grave concern to Ireland who called on the international community to consider longer-term solutions to food insecurity in Somalia such as support for agriculture and livelihood programming while also providing immediate food relief. Australia said that swift progress on the political front over the next year would be crucial to consolidate recent progress in Somalia, particularly to agree on a federal model, draft a new constitution and prepare for the 2016 elections, including forming an Electoral Commission. Qatar condemned all attacks against civilians and human rights violations and called for investigations into those crimes and holding perpetrators accountability. The international community should do its utmost to avoid a famine such as the one in 2011. Reports of sexual exploitation and abuse by the African Union forces were a cause for concern and Denmark urged all parties to prevent such abuse and ensure accountability. Denmark was deeply concerned about the grave and worsening humanitarian situation with worrying levels of food insecurity and malnutrition and underlined the need to act now in order to avoid escalation of the crisis.

United Arab Emirates thanked the Independent Expert for preparing his report in exceptional circumstances and agreed with him that the provision of urgent technical assistance was a priority. Stability in Somalia should be a concern for all the international community in light of threats to regional and maritime security, including in the Indian Ocean. Morocco said after years of instability and armed hostilities, Somalia was at a historic turning point. There had been economic development, the return of the Somali diaspora and constitutional and institutional progress. Somalia had a long road ahead and its people needed international solidarity to make progress. Egypt expressed concern that early warning indicators showed that food insecurity and malnutrition were likely to increase this year and 2.9 million people in Somalia needed urgent life-saving and livelihood support, but there was still a funding gap of $ 663 million for humanitarian efforts. Egypt strongly condemned all acts of terrorism committed by Al Shabab, and acknowledged the relentless efforts of the African Union Mission in Somalia. Mozambique said with such adverse circumstances in Somalia, human rights could neither prosper nor be upheld. Two fundamental rights – the right to life and the right to peace – were most at stake, not least from the looming drought. Mozambique appealed to the international community to redouble its efforts in providing multi-faceted assistance to the Somali people.

International Federation of Journalists said Somali journalists had played an important role in exposing rights abuses and mobilizing international support for the country over the past two decades, in particular the National Union of Somali Journalists. Now, their efforts had been dealt a devastating blow by the Government’s adoption of a repressive media law which sought to end independent journalism in Somalia. East and Horn of Africa Human Rights Defenders Project echoed the Independent Expert’s concerns about continuing intimidation and arbitrary killing of journalists, including the arrest of at least 19 journalists in recent weeks. Non-governmental organizations and civil society played a critical role in enabling the Government to implement its Six Pillar Policy, and should be supported.

International Education Development said that without comprehensive judicial reform, it would be difficult to create a stable system that would protect human rights in Somalia. The National Strategic Plan for Judicial Reform conceded the lack of a coherent and functioning system and the organization believed that concerted efforts by the Independent Expert in this area would be most valuable. Article 19 said that more than two decades of civil war in Somalia had created extreme challenges for the media, with the country remaining one of the deadliest for journalists in the world. Government complicity in restricting freedom of express was making the environment for the media worse, adding to instead of abating the underlying cases of instability and conflict. Amnesty International raised concern about many forced returns of refugees to unsafe areas in the country, and noted that forced relocations should be stopped. When returns were not voluntary, that resulted in constructive refoulement, in violation of fundamental refugee protection principles. Human Rights Watch said that the situation in south-central Somalia remained dire. The Government had failed to protect some 120,000 refugees. Women and girls were particularly endangered among the displaced. Human Rights Watch urged the United Nations and other key stakeholders to publicly report on the human rights situation in Somalia, and to investigate crimes committed by the African Union Mission in Somalia forces.

Closing Remarks

Somalia thanked all speakers for the comments made during the discussion and pledged its efforts to ensure the dignity of every Somali citizen.

In his concluding remarks, BAHAME NYANDUGA, Independent Expert on the Situation of Human Rights in Somalia, highlighted the political and human rights concerns, and efforts of the internal community to bring security to Somalia. It was important to reflect on the priorities and support to be given to the Somali Government. He said he was making plans to visit the country in consultation with the United Nations office in Somalia, and once there he hoped to interact in person with various Somali officials and other stakeholders, and to communicate to them the concerns raised at the Human Rights Council. Speaking of the support for the establishment of the Somali National Human Rights Committee, he said his comments had already been communicated to relevant instances of government in Somalia, but that he also might be able to interact with the Government during further discussion of the bill for the establishment of the National Human Rights Committee in October 2014. Mr. Nyanduga said he would follow up on the report of the crimes committed by the African Union Mission to Somalia. He underlined that a comprehensive judicial and security sector reform in Somalia was crucial in promoting stability in the country. The lower levels of Government would require additional international support to implement that reform. He said he would also make sure that the media laws indeed contained provisions to protect freedom of expression.

Interactive Dialogue with the Independent Expert on the Situation of Human Rights in the Central African Republic

Presentation by the Independent Expert on the Situation of Human Rights in the Central African Republic

MARIE-THERESE KAITA BOCOUM, Independent Expert on the situation of human rights in the Central African Republic, referred to her mission to the Central African Republic from 10 to 19 September, which coincided with the transfer of authority from the International Mission of the Central African Republic to the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic on 15 September 2014. Ms. Bocoum spoke about the political situation following the signing of the Brazzaville Agreement on the cessation of hostilities on 23 July, although some forces did not participate. The implementation of that agreement seemed compromised by the many divisions and conflicts within the armed groups. On August 15, the hard line armed group the Ex-Seleka declared the establishment of the State of Dar El Kouti in the north of the country. The same month a new Government, led by Prime Minister Mahamat Kamoun, was established. Elections were planned for 15 February 2015.

Turning to the economic situation, the Independent Expert said the road between Cameroon and Bangui had re-opened but business had not resumed due to the security situation. The humanitarian situation was still very difficult, although the number of internally displaced persons had been reduced, and refugees were starting to return. There had been some improvements to the human rights situation but in Bangui the sense of fear was almost as strong as the actual insecurity and prevented people from going about their daily lives. The many human rights violations including violations of the right to life, restrictions on freedom of movement, people being accused of sorcery and attacked, increase in crime, extrajudicial decisions and illegal prisons attributed to armed groups. Despite the training of law enforcement officers, the situation of impunity had not improved and the parallel justice system was a significant challenge. Security in Bangui had improved to a certain degree thanks to the actions of the international forces and the police. However, the State’s authority had in general deteriorated and there were high levels of violence in the interior of the country.

The Independent Expert spoke about the National Reconciliation Strategy and Action Plan developed in Bangui which should be encouraged and communicated to populations outside of Bangui. The Independent Expert made several priority recommendations for the Government, in particular in pursuit of justice and ending impunity. She thanked the international community for their efforts and encouraged the establishment of an international system of resources to ensure revenue. The United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic should rapidly deploy security forces, especially staff with human rights expertise, into the interior of the country. The United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic was urged to strengthen capacities in the sub-region and take urgent measures to develop reconciliation programmes, as well as improve communications to inform the population about its work. It must also ensure its soldiers were paid. The international community should organize a conference of stakeholders on key issues, including the fight against sexual violence, and ensure the Central African Republic stayed on the global agenda.

Statement by the Concerned Country

Central African Republic, speaking as the concerned country, said it was very concerned about the situation on the ground and the climate of insecurity and violence created by the weakness in State institutions and the fragile rule of law. It was unrealistic to expect that the Central African Republic could deliver on its commitment to hold elections under such conditions, especially since the 36 million Euro promised for the elections were still not provided. The difficult situation in the country and the number of areas requiring further progress and improvement called for the continuing support and permanent presence of the international community in the country. The Central African Republic called for the renewal of the mandate of the Independent Expert which it deemed crucial to facilitate the implementation of recommendations and to ensure the return of the rule of law. The Central African Republic reiterated its commitment to the Rome Statute and welcomed the decision of the International Criminal Court to continue to keep the country under review.

Interactive Dialogue

Ethiopia, speaking said on behalf of the African Group, remained deeply concerned about the worsening humanitarian situation, the climate of insecurity and the resulting effect on human rights, and welcomed the signing of the Cessation of Hostilities Agreement in Brazzaville. The African Group encouraged the country to establish as soon as possible the rule of law and security throughout the country and hold free and independent elections. European Union welcomed the steps to establish the rule of law and investigate violence and was very concerned about the continued difficult human rights situation, including summary executions, rapes and other crimes which occurred in the general climate of impunity. The Republic of the Congo, speaking on behalf of the Groupe Francophone, expressed concern about the difficult humanitarian situation and the numerous human rights violations occurring with impunity throughout the country and reiterated the need to fight impunity through strengthening the judiciary and prosecuting perpetrators of those acts, with the support of the international community.

Togo welcomed the holding of the interactive dialogue on the human rights in the Central African Republic, as well as the signing of the cessation of hostilities agreement in July 2014. Togo called on the Government of the Central African Republic to stop all acts of violence against civilians, and to start the process of disarmament. Czech Republic supported the extension of the mandate of the Independent Expert by one year, and welcomed the establishment of the transitional Government in August 2014. The Czech Republic was deeply concerned about sexual and other forms of violence and urged the international community to support the judicial system in the country, which lacked capacities. United Kingdom welcomed the report of the Independent Expert, but remained gravely concerned about grave human rights violations against civilians. It also welcomed the deployment of the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic. The United Kingdom was pleased that the Mission had a full military mandate, and pledged to continue working towards peace in the country.

Equatorial Guinea said it was necessary to help the Central African Republic to move to a reconciliation phase. To that end, it was necessary to supply technical support to the transitional authorities in the Central African Republic to restore peace and stability. United States valued the Independent Expert’s work and recommendations to the transitional authorities in the Central African Republic. It welcomed the signing of the cease-fire agreement in July 2014, but remained deeply concerned by the continued violence and humanitarian crisis in the country. Successive weak governments and the culture of impunity had further contributed to the lack of national cohesion. Spain supported the transitional Government’s efforts in combating impunity, but it remained concerned about the grave situation of refugees and difficult circumstances for humanitarian aid workers. Spain asked the Independent Expert to elaborate on her mandate’s priorities.

Egypt reaffirmed its strong commitment to the sovereignty of the Central African Republic and welcomed the Brazzaville Agreement to cease hostilities and the appointment of a new Government to lead the political transition process. The Central African Republic was classified as one of the world’s least developed countries; technical assistance and capacity building was essential to help the country develop and return to normalcy. Morocco said that given the deteriorating humanitarian situation in the Central African Republic, the human rights implications were concerning. Morocco expressed its solidarity with the Central African Republic and neighbouring countries who had adopted non-refoulement measures. Morocco called on the international community to provide international assistance to the Central African Republic. Côte d’Ivoire underlined the importance of renewing the mandate of the Independent Expert and deplored the human rights situation of vulnerable persons, particularly of women, children and elder persons. Côte d’Ivoire welcomed the prompt interventions by the international community and regional actors and stressed the importance of technical assistance. Chad was concerned about the grave human rights situation in the Central African Republic, and stood ready to provide aid in different forms so that peace could be restored. Chad would continue receiving refugees.

Ireland remained deeply concerned by the situation in the Central African Republic and the resulting displacement, especially the situation of women and children. Ireland firmly condemned the recruitment of child soldiers. Ireland condemned in the strongest possible terms attacks against humanitarian workers. Australia remained deeply concerned about ongoing human rights violations in the Central African Republic and said that it was imperative that perpetrators were held accountable. The transitional authorities should accelerate their efforts towards dialogue and peace, and ensure the full participation of women in reconciliation processes. Belgium accorded priority importance to combatting impunity, through the design and implementation of a national strategy on accountability. Belgium was concerned about the fate of children, including the recruitment of child soldiers and violations of the right to education.

Luxembourg remained profoundly concerned by the grave violations of human rights and international humanitarian law that continued to be committed in all impunity in the Central African Republic. Deliberate attacks against civilians on account of their religion and origin were condemned. Angola remained concerned by the socio-economic and humanitarian situation prevailing in the country and continued to support the efforts made by the African regional institutions in seeking a peaceful outcome to the crisis. It welcomed the signature of the ceasefire agreement in Brazzaville. Algeria said the worsening of the security situation and intercommunal tensions in the Central African Republic were a source of concern, especially since the situation had led to violations of human rights and large-scale displacement of the population. It supported the different initiatives aimed at restoring peace and security in the country, and the signing of the ceasefire.

Lithuania welcomed the reduction in violence but remained seriously concerned about human rights violations in the country, and supported the opening of the preliminary examination by the International Criminal Court. What further measures could the international community undertake in order to protect the most vulnerable groups? Estonia welcomed the ceasefire agreement in place in the country. It wished the Government the best of luck in preparing for the National Reconciliation Forum in November. It was hoped that the level of protection of civilians would increase, that the level of impunity would decrease, and that the humanitarian situation would improve. Mali expressed full support for the Central African Republic, which faced an unprecedented crisis. The country needed additional support from the international community to ensure that peace and security could be restored and assistance be provided. Mali supported the renewal of the mandate of the Independent Expert.

China hoped that the parties to the conflict would implement their commitment to a ceasefire and commit to national transition and peace. The security and humanitarian situations remained of concern, including their impact on civilians. China called on the international community to strengthen its attention to the Central African Republic and provide it support for peace, security and assistance. Republic of Congo supported developments in the Central African Republic, including the agreement on the cessation of hostilities, and was pleased with the transfer of power to the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic. The Republic of Congo called for the organization of free and fair elections in the country, and supported the renewal of the mandate of the Independent Expert. France praised the high level of cooperation by the Central African Republic with the Council. The progressive stabilization of the situation there was welcomed, thanks to the work of the African-led International Support Mission in the Central African Republic as well as French and European troops. France remained concerned about the depth and scale of challenges to human rights, and the difficult humanitarian situation. All efforts had to be taken to protect citizens, rebuild the judiciary to ensure accountability, rebuild the security sector and disarm the population.

Femmes Africa Solidarité called for the renewal of the mandate of the Independent Expert for another year, and commended the cooperation between the United Nations and the African Union. It encouraged the international community to remain mobilized on the situation in the Central African Republic, and underlined the importance that perpetrators were held accountable. Amnesty International was seriously concerned about remaining insecurity in the Central African Republic, where civilians continued to be threatened by anti-Balaka and Seleka militias. The United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic did not have the necessary resources to adequately protect civilians and fulfil its mandate. Amnesty International stressed the importance of holding all perpetrators of human rights abuses to account. Human Rights Watch said serious violations continued, including the killing of 146 people since June. Peacekeepers should urgently improve their capacity to protect civilians and ensure the safe return of displaced persons. Human Rights Watch urged the Council to press for investigation and accountability for perpetrators of violations in the Central African Republic and welcomed that the International Criminal Court had stepped in. Servas International said that due to the security situation, it could not provide its hospitality services in Mali, Somalia, Sudan, and the Central African Republic. It asked whether the deployment of the military could lead to lasting peace. Could non-governmental organizations on the development path of the Central African Republic contribute to improving the situation?

Concluding Remarks

Central African Republic, speaking as the concerned country in concluding remarks, said that all statements had been heard and it was pleased with the level of concern. Indeed, it was requesting the renewal of the mandate of the Independent Expert but also asked the international community to support the Independent Expert, and to provide her with the necessary financial means. The world was living through an international financial crisis and funds were not readily available, but it did seek this support from those who could help. The Central African Republic had to improve its judicial arsenal but it did not always have the means to resolve all of these problems. It was party to the International Criminal Court and it did wish to ensure that committed crimes were brought before the Court. In order to establish lasting peace and democracy in the country, the Central African Republic did need support. Everyone who had been providing help and assistance was thanked.

MARIE-THERESE KAITA BOCOUM, Independent Expert on the situation of human rights in Central African Republic, in concluding remarks said non-governmental organizations played a crucial role in all areas in the Central African Republic, including in raising public awareness and the fight against impunity. They were present in displaced persons camps and contributed enormously to addressing the humanitarian situation. Recommendations had been made on including women. Women represented the majority of the population of the country and in times of crisis many women and girls were raped and sexually abused. Training was being carried out in order to help these women. A gender perspective had to be reflected in all of the work carried out in the Central African Republic. The Independent Expert did work with the Office of the High Commissioner for Human Rights and the United Nations Office present in the country and this did help in monitoring and reporting. Measures taken by the Government were important. Still, these efforts had to be strengthened and it had to be ensured that the international community supported them. On the role of the Council, it was important that it continue to monitor the situation, especially in light of the precarious nature of the human rights situation.

On measures related to the reinsertion of young boys and girls previously involved in armed groups, a lot of work had been carried out by non-governmental organizations, the international community and the United Nations Children’s Fund. There was a programme of action by the Ministry of Social Affairs that worked on their re-insertion. Financial and technical assistance from the international community was needed for these programmes. The crisis had had a horrible impact on children, including no access to education. Muslim children could not leave the areas where they lived. The United Nations Children’s Fund provided some assistance but this did not fully improve the situation. On impunity, the Government had made some efforts relating to the security of the magistrate, among others. Emergency measures had to be taken and the Government had to be encouraged in this work. It was important for the Central African Republic to launch and continue its dialogue with all stakeholders, all political parties, and women. The dialogue should be inclusive as those were the sectors that could contribute to the peace process.

Documentation

The Council has before it the report of the United Nations High Commissioner for Human Rights on the situation of human rights and the activities of her Office in the Democratic Republic of the Congo (A/HRC/27/42)

The Council has before it the report of the Secretary-General on the role and achievements of Office of the United Nations High Commissioner for Human Rights in assisting the Government and people of Cambodia in the promotion and protection of human rights (A/HRC/27/43)

The Council has before it the report of the Office of the United Nations High Commissioner for Human Rights on the situation of human rights in Yemen (A/HRC/27/44)

The Council has before it an addendum to the report of the Office of the United Nations High Commissioner for Human Rights on the situation of human rights in Yemen (A/HRC/27/44/Add.1) (only available in French)

The Council has before it the interim report of the United Nations High Commissioner for Human Rights on the human rights situation in South Sudan (A/HRC/27/74)

Presentation of Reports by the Deputy High Commissioner for Human Rights

FLAVIA PANSIERI, United Nations Deputy High Commissioner for Human Rights, introduced country reports of the Secretary-General and the High Commissioner. With regard to the situation in Iraq in the light of abuses committed by the Takfiri group which self-identified as the Islamic State in Iraq and the Levant (ISIL), the situation had continued to deteriorate. At least 24,015 civilians were killed or injured in the first eight months of 2014, including at least 8,493 civilians. An estimated 1.8 million Iraqis continued to endure dire conditions of displacement due to the on-going violence. ISIL and associated armed groups had intentionally and systematically targeted Iraq’s diverse ethnic and religious communities, at times aiming at destroying, supressing or cleansing them from areas under their control. Other abuses included attacks directly targeting civilians, executions and other targeted killings of civilians, murdering captured soldiers and other security forces or government personnel, abductions, rape and other forms of sexual and physical violence perpetrated against women and children, forced recruitment of children, destruction or desecration of places of religious or cultural significance, wanton destruction and looting of property, and denial of basic rights and freedoms. Many of these abuses could amount to war crimes or crimes against humanity. The Office of the High Commissioner continued to verify serious violations by Iraqi Security Forces and affiliated armed groups, and would soon deploy a team in Iraq. There had to be accountability for the brutal, dehumanizing crimes that had been committed, she said, and Iraq should ratify the Rome Statute.

On accountability and human rights in Sri Lanka, the Deputy High Commissioner referred to the establishment of a Presidential Commission of Inquiry to investigate cases of abduction and disappearance and noted that concerns had been raised with regards to its functioning by independent observers and families of disappeared persons. The Government had still not published reports of domestic investigations. New mass grave sites continued to be discovered, but exhumations and investigations proceeded slowly. She regretted that the Government would not engage in the international investigation, as it was a unique opportunity to establish an accurate record of patterns of human rights violations committed by both sides during the latter period of the conflict. The ongoing campaign of threats, harassment, intimidation and reprisals against human rights defenders and victims’ organizations, including those engaging with the international inquiry, was deplorable. This climate of intimidation and threat constituted a real challenge for the investigation mandated by the Council and undermined Sri Lanka’s own domestic investigations. The escalation in religious extremism and increasing attacks against Muslim and Christian minorities by militant Buddhist groups was deeply alarming. A more fundamental and far-reaching accountability process which addressed both past and ongoing violations was indispensable.

With regards to technical assistance and capacity-building for human rights in the Democratic Republic of the Congo, Ms. Pansieri said that armed groups as well as members of the Congolese defence and security forces continued to commit serious human rights violations, particularly in eastern provinces affected by conflict. On 6 June 2014, at least 31 civilians of the Bafuliru community were killed in Mutarule, South Kivu province, by a Barundi / Banyamulenge militia. This demonstrated the need for more proactive engagement from the Congolese army and troop-contributing countries to protect civilians. There had also been an increase in violations targeting those who were critical of the Government or perceived as such. The lack of democratic space for the opposition, journalists and human rights defenders was preoccupying, particularly in the lead up to the 2015 and 2016 elections. She welcomed that there had been some progress in the fight against impunity, and 162 were convicted for acts constituting human rights violations. An Amnesty Law also excluded amnesty for genocide, war crimes, crimes against humanity and other serious violations of human rights.

On the report on assistance to the Government and People of Cambodia in the promotion and protection of human rights, the Deputy High Commissioner said that progress had been achieved in several areas, including the administration of justice. She welcomed the agreement between the ruling and opposition parties that resolved the political stalemate that had led to street protests, some of which had been met with excessive force and restrictions on freedom of expression. She welcomed Cambodia’s cooperation with United Nations human rights mechanisms.

The report on the situation of human rights in Yemen welcomed the Government’s active cooperation with the Office of the High Commissioner for Human Rights, and highlighted positive developments, such as the conclusion of the National Dialogue Conference, in January 2014, and its outcomes on the human rights of women, children, minorities and marginalized communities. The continued marginalization of and violations against the Muhamasheen and other minorities remained however an area of concern. The deteriorating security situation, including in the capital, was also of concern. All parties had to contribute to a peaceful transition and implement the Outcome of the National Dialogue Conference. Yemen was encouraged to adopt a law on transitional justice and national reconciliation that was aligned with relevant international standards, and to establish the national commission of inquiry into allegations of human rights violations that occurred in 2011.

Statements by the Concerned Countries:

Cambodia, speaking as a concerned country, said it had made strenuous efforts in the implementation of judicial reforms and stressed the recent adoption of three judicial laws which strengthened capacity, independence, transparency, impartiality and integrity of judicial institutions. The five-year strategy plan on prison reform had provided a framework for prison management and treatment of prisoners in compliance with international norms and standards. Forced eviction of people from their land and property was not a part of official policy. Finally, Cambodia commended the Office of the High Commissioner for Human Rights’ continued efforts at enhancing the capacity in the country for the promotion and protection of human rights and reiterated its commitment to renew the cooperation agreement for a further two years.

Democratic Republic of the Congo, speaking as a concerned country, said that the report had taken stock of events that had occurred before June 2013 which was outside of the reporting period and deplored the accusations therein of human rights violations committed by the national security forces without providing any details about the alleged victims. Instances of torture, ill-treatment and arbitrary arrests were not systematic as claimed in the report but isolated incidents which were adequately punished. As to the claim in the report of the massacre of 70 civilians at the hand of the National Army in Kinshasa and Lubumbashi, the delegation said that it was not true; what happened was clashes and violent confrontations with a group of those who tried to overthrow the Government. No journalists or human rights defenders had been detained and such claims in the future should be supported by information about names, places, etc.

Iraq, speaking as a concerned country, said Iraq was ready to provide any support to the Commission of Inquiry on the crimes committed by the Islamic State in Syria and Levant. Over the past several months, the international community had gotten a much better picture about the threat of this terrorist group and the scale of atrocities it had committed. In September, a national Government had been formed in Iraq with the participation of all representatives of the population; it was ready to fight terrorism and support recovery and rehabilitation. The accession to the Rome of Statute was still under consideration in the country and Iraq reiterated its commitment to support the implementation of the resolution creating the Commission of Inquiry.

Sri Lanka reiterated its rejection of United Nations resolution 25/1 and its call for an investigation by the Office of the High Commissioner for Human Rights (OHCHR) in March 2014. Sri Lanka’s position reflected not only the will of the Sri Lankan people, but also of the majority within the Human Rights Council. The Government of Sri Lanka reminded that a majority of 47 members of the Human Rights Council did not support resolution 25/1, and thus opposed the action taken by the United States and the United Kingdom and other co-sponsors of the resolution to impose an OHCHR investigation and continuous monitoring and assessing of the situation in Sri Lanka. The countries which opposed the resolution warned that the imposition of external mechanisms on Sri Lanka would have a detrimental effect on the ongoing reconciliation process.

Sri Lanka continued to engage with regular mechanisms of the Council and with OHCHR and the High Commissioner, and was continuing its own domestic processes of accountability, justice, reconciliation and nation building with utmost dedication. Sri Lanka condemned all acts of violence and was committed to punishing them. An OHCHR investigation would violate national sovereignty and independence, and would impede the process of reconciliation in the country. Sri Lanka stressed that the proposal for an OHCHR investigation was politicised and that it would violate a fundamental principle of international law, which required that national remedies had to be exhausted before resorting to international mechanisms. Sri Lanka needed to be encouraged, not impeded in its quest for peace.

Yemen said that Yemen was undergoing a difficult conflict, with many civilian casualties. The Government hoped that the peace agreement concluded in September 2014 would lead to a national dialogue conference, and provisions for the creation of a national unity Government. Yemen urged the Human Rights Council to provide humanitarian aid to Yemen, as well as support it in protecting human rights and investigating committed crimes. The restoration of a modern Yemeni State was the only way to achieve that goal.

General Debate on Technical Assistance and Capacity Building

Italy, speaking on behalf of the European Union, expressed its dismay about the situation in Iraq and the violations and abuses carried out by the Islamic State in Syria and the Levant (ISIL). It regretted Sri Lanka’s decision not to cooperate with the Office of the High Commissioner for Human Rights’ mission into alleged human rights violations during its civil war and urged the Government to reconsider. The European Union was also concerned about restrictions on freedom of expression, association and assembly on Sri Lankan civil society, including their cooperation with the United Nations.

Russia, speaking on behalf of a group of States, said the devastating human rights implications of the increasingly radicalized conflict in Syria was a serious concern, especially its attraction of terrorists from all over the world. The spread of the Islamic State in Iraq and Syria (ISIS) into Iraq demanded that the international community unite against terrorism in the Middle East. The root cause of the terrorism had to be combined with effective measures to eradicate the funding of extremist groups, including by smuggling Syria’s oil across the border. The Commission of Inquiry on Syria must carry out separate investigations on the human rights violations committed by terrorist groups.

Egypt, speaking on behalf of the Like-Minded Group, said for the second time this year the Council was engaging on the situation in Sri Lanka, which actively engaged with Council mechanisms. The intrusive mandate given to the Office of the High Commissioner for Human Rights in resolution 25/1 to carry out investigations on Sri Lanka was unwarranted, especially as Sri Lanka was carrying out its own internal investigations. The international community should be mindful not to jeopardize the delicate process of reconciliation in the country.

United Arab Emirates, speaking on behalf of the Arab Group, expressed total commitment to technical assistance and capacity building which helped countries meet their international and regional obligations in the field of human rights, and stressed the absolute need to provide it on the basis of the request of the country concerned which should also set the priorities. Technical assistance and capacity building should be aimed at rebuilding of the human rights infrastructure and furthering of the rule of law and democracy.

Thailand, speaking on behalf of a Group of 11 States, said that the role of the international community in supporting States in delivering on their human rights obligations could not be overemphasized. Pointing out problems would not help and politicizing this agenda item should be avoided at all costs; discussions on technical assistance and capacity building should be used to exchange best practices in the promotion and protection of human rights.

Montenegro urged Sri Lanka to implement the recommendations issued by its Truth and Reconciliation Commission and to fully cooperate with investigations into prior violations of international human rights law and international humanitarian law. Deterioration of the security situation in Yemen was of concern and Montenegro called on all parties to remain committed to the principles of the national dialogue conference and to do their utmost for a peaceful and stable Yemen.

Ireland welcomed positive developments in Yemen, called for the restitution of institutions under the current Government, and condemned the recruitment of children in the armed forces. Ireland called on Sri Lanka to cooperate with the Office of the High Commissioner, and noted that no person who wished to take part in that cooperation should be prevented from doing so. Ireland expressed serious concern about the high level of impunity and sexual violence in the Democratic People’s Republic of the Congo. As for Iraq, Ireland condemned violence against women and children, and found it disconcerting.

United States was disappointed that the Special Rapporteur’s visit to Bahrain was re-scheduled. It remained concerned about the detention of political activists in Bahrain, and urged all sides in the country to achieve reconciliation. It called on Egypt to engage with the Office of the High Commissioner for Human Rights (OHCHR) and to open an OHCHR office in Cairo. The United States was concerned about the deteriorating human rights situation in the Democratic Republic of the Congo, and called on OHCHR to remain transparent in its investigations of human rights violations there. It commended Yemen for its cooperation with the United Nations human rights mechanisms, and urged all parties in the Central African Republic to cease hostilities.

Venezuela endorsed the statement made by Egypt on behalf of like-minded States, and said it had rejected resolution 25/1 concerning Sri Lanka. Venezuela stressed that the High Commissioner for Human Rights had to work with national governments, adding that any external investigation had to be carried out in cooperation with national governments. Sri Lanka continued to adopt measures to promote peace and reconciliation and reconstruct homes and infrastructure, including new investment for the livelihood of people. Venezuela rejected attempts of interference in Sri Lanka’s sovereignty.

France said the terrorism of the Islamic State in Iraq and Syria (ISIL) could amount to crimes against humanity. The civilian population, especially ethnic and religious minorities, had paid too high a price. French compatriot Herve Gourdel and his family were on his mind today, following his terrible assassination by an ISIL-linked group that had no respect for human rights whatsoever. France called on the international community to support efforts in the Central African Republic. It commended positive developments in Côte d'Ivoire, noting that the human rights situation remained fragile. Mali’s positive commitment to the Council was noted, and France urged it to continue its efforts to tackle impunity.

United Kingdom said it remained deeply concerned about the human rights situation in Sri Lanka. It strongly supported the international investigation on Sri Lanka and was confident the team could deliver the robust enquiry needed. Any genuine national enquiry should welcome additional information from the international investigation. The United Kingdom expressed concern about the Sri Lankan Government’s statement that those engaged with the international inquiry could be subject to prosecution. The United Kingdom also spoke about the human rights situations in the Central African Republic, Yemen, Bahrain, Thailand and Côte d'Ivoire, among other countries.

Russia said it saw no objective justification for the international inquiry on Sri Lanka; the activities of the so-called Office of the High Commissioner for Human Rights’ mission was unjustified interference into the domestic affairs of the country. Despite the overt political pressure placed on it, Sri Lanka continued to cooperate with the Mission and other mechanisms of the Council and continued to achieve significant results in the sphere of human rights. The main achievement was that peace now reigned across the island; there were no conflicts or explosions.

Morocco said the provision of technical assistance must ensure the support to national institutions and must be based on the principles of consent of the State concerned and its clearly defined priorities and continuing dialogue. Technical assistance should also seek convergence of the political will of the receiving State, the will of the Office of the High Commissioner for Human Rights to implement programmes, and the will of the Council to accompany the receiving State in achieving its objectives.

Cuba said that despite its cooperation with the Council, Sri Lanka had been singled out by a country-specific resolution. Conferring investigative powers on the Office of the High Commissioner for Human Rights was one of the most controversial points of this resolution, which was interpreted by the Office in its own fashion. The Office did not have investigative powers and Cuba could not support politically motivated treatment of countries.

China said when a State was faced with difficulties in fulfilling its responsibilities it could call on the international community to provide technical assistance to improve its capacity. Using technical assistance and capacity building to politicize human rights issues and impose values could rarely bring about improvements in countries concerned. More resources should be invested in technical assistance and capacity building in the Office of the High Commissioner for Human Rights.

Sierra Leone commended the African Union for its efforts in pursuing peace and stability in African countries affected by conflicts. Sierra Leone remained concerned about human rights violations in Somalia, and urged all parties to end the armed conflict, as well as to alleviate the difficult situation of the displaced population. It urged that an open and inclusive dialogue be held in the country, and called for the facilitation of the return of refugees.

Maldives said it closely observed the situation in Sri Lanka and would continue to encourage the Sri Lankan Government to work with the international community and to abide by its commitments. It was pleased that in August 2014 Sri Lanka made legal provisions to assist and protect the victims and witnesses of crimes. Maldives also welcomed the establishment of the Voluntary Technical Assistance Trust Fund that enabled small island developing States to participate in the Human Rights Council.

India said that with respect to United Nations resolution 25/1 on Sri Lanka, India believed that Sri Lanka should be given all assistance, and took note of its efforts to promote peace and reconciliation in the country. India urged the High Commissioner to keep its reporting transparent. There was a need for a political solution within the framework of a united Sri Lanka, and India urged the Government of Sri Lanka to promote the spirit of tolerance and accountability.

Philippines welcomed positive developments in human rights in Cambodia. Cambodia was encouraged to continue its policies and programmes to promote human rights. The Philippines also acknowledged Sri Lanka’s cooperation and welcomed its continued voluntary and regular updates to the Council on the reconciliation process. However, it was concerned about the persistent allegations of slow implementation of the reconciliation process.

Namibia said that as a matter of principle it usually abstained from country-specific resolutions. Human rights violations in Namibia priori to independence had deepened its commitment to human rights and to reconciliation. Namibia had needed time and space to build trust and healing. Therefore, the international community should not impose solutions on Sri Lanka but encourage the national process, which would be more sustainable.

Algeria underscored the importance of technical cooperation for capacity-building of States in the sphere of the promotion and protection of human rights and commended the efforts of the Council and the Office of the High Commissioner for Human Rights to provide appropriate and quality assistance to those States that had requested this assistance. It welcomed the satisfactory results achieved in improving the human rights situation in several countries that had benefitted from this assistance.

Costa Rica said that technical cooperation programmes had proven to be effective and contributed in a palpable fashion in helping States to adjust their national strategies and laws to comply with international laws, principles and commitments in the area of human rights. Costa Rica had benefitted from technical assistance programmes and approved the national policy for a society free from racism, racial discrimination and xenophobia.

Pakistan was of the firm opinion that for fruitful country specific outcomes, there should be the support of the country concerned. This would strengthen the spirit of constructive cooperation. In the case of Sri Lanka, it had consistently and categorically rejected the resolution. The Council was urged to refrain from allocating precious human and financial resources to counter-productive initiatives. The tangible and significant progress achieved by Sri Lanka should be appreciated.

Netherlands said that progress in Yemen was lacking and stressed the importance of taking forward the conclusions of the national dialogue conference. Large-scale human rights violations in the Democratic Republic of the Congo remained of great concern and the Netherlands urged the Government to protect its population, and in particular women and children, and take responsibility in combating impunity, reforming the judiciary and conducting free and fair elections including on the local levels.

Norway believed it was crucial to conduct serious, independent and impartial investigations into serious violations of human rights committed by all parties to the conflict in Sri Lanka. Reconciliation required justice and truth about past events. Norway remained concerned about the human rights situation in Sri Lanka and about recent events to limit the activities of civil society and stifle the freedom of speech.

Thailand was strongly committed to promoting constructive dialogue and international cooperation through the work of the Council and emphasized that discussion on any country-specific situation under the agenda item on technical assistance and capacity building must genuinely and extensively engage with and aim at addressing the needs of the concerned countries.

Mozambique said the instability in the Democratic Republic of the Congo had brought about a widespread human tragedy, and especially highlighted the widespread gender-based and sexual violence against women and the use of child soldiers. Mozambique applauded measures taken by the Government of the Democratic Republic of the Congo so far and urged the Council to continue providing technical assistance.

United Nations Children’s Fund welcomed Yemen’s efforts to advance child rights, especially the revised Child Rights and Anti-Trafficking laws, as well as efforts to end the recruitment of children into the Yemeni military. The suspension of the execution of 52 juveniles in Yemen was welcomed and Yemen was urged to put into place a moratorium on the use of the death penalty. Concern was expressed about significant recent increases in the number of children being used by militias who suffered serious injuries in conflicts.

Sudan emphasized that any external human rights assistance to countries should only be carried out with the agreement and consent of the country concerned. Sudan said despite challenges faced by Yemen, it appreciated efforts by the Government to implement its transitional plan on the promotion and protection of human rights; it also commended Yemen for its positive cooperation with the Council and its mechanisms. Sudan said it believed that the Council had exceeded its mandate on Yemen.

Belgium invited the Government of the Democratic Republic of the Congo to implement all recommendations. It welcomed efforts made, particularly the appointment of the Special Rapporteur of the Head of State responsible for combating sexual violence. Despite important progress, Belgium was still concerned by the human rights situation, particularly in the east of the country, where actions by armed groups were responsible for murder and massive displacement of the population.

Council of Europe said its cooperation with Jordan concerned constitutional justice, electoral legislation and practice, independence of the judiciary, and the promotion of Council of Europe conventions. In the period between 2015 and 2017 further cooperation would be carried out in the creation of common legal space, support for the independence and efficiency of justice, support on electoral matters, promotion of democratic values and human rights, and support to the Parliament.

Belarus said there were attempts by certain States to use the Human Rights Council for their own political ends. The Council should work in cooperation with national governments. The resolution on Sri Lanka was an example of political pressure. The international human rights mechanisms should listen to the Sri Lankan Government, which demonstrated clear commitment to the protection of human rights.

Sri Lanka said that those who urged Sri Lanka to revisit its position on resolution 25/1 did not wish to help Sri Lanka’s own efforts to promote peace and reconciliation in the country. Sri Lanka stressed that it was not in a situation that required the urgent and immediate attention of the Council.

Qatar commended Yemen’s efforts to protect human rights and hold a national dialogue conference. It voiced hope that the conference would restore stability in the country. Qatar appreciated Sri Lanka’s cooperation with international human rights bodies and continued reporting on the human rights situation. It called on Sri Lanka to finalize the national reconciliation process.

Canada said it shared many of the concerns expressed in the High Commissioner’s report on Sri Lanka. Canada was concerned by efforts to stifle civil society. It continued to see a pattern of impunity as perpetrators were not brought to justice. It thanked the High Commissioner and the Office investigation team for their important work. The request for a comprehensive investigation of crimes by both parties was proof of the Council’s serious concern. It deeply regretted Sri Lanka’s unwillingness to cooperate with the mechanism.

Switzerland welcomed the establishment of an international mechanism to investigate allegations of violations of international human rights laws and international humanitarian laws by all parties in Sri Lanka. It called upon the Government to fully cooperate with the Office of the High Commissioner for Human Rights and the investigation mechanism, to guarantee sustainable reconciliation for all Sri Lankans. It was concerned about the harassment of human rights defenders and media professionals in Sri Lanka.

Myanmar was pleased to observe the continued engagement and cooperation of Sri Lanka with the Council and its regular mechanisms. The Council had mandated the Office to carry out the investigation against Sri Lanka which, in Myanmar’s view, contravened the principles of the United Nations Charter, which did not authorize the organization to intervene in matters which were essentially within the domestic jurisdiction of any States. Only constructive engagement and dialogue would help address human rights challenges.

South Sudan commended Sri Lanka’s continued engagement with mechanisms of the conflict and Sri Lanka’s efforts for reconciliation and justice for victims, and encouraged the commission of Sri Lanka to further its efforts in that regard. South Sudan rejected the politicization of human rights and called for technical assistance to be provided to Sri Lanka.

Azerbaijan commended that Sri Lanka had received two Special Procedures and that it was fully cooperating with the United Nations human rights mechanisms. All measures had to be taken within a climate of mutual understanding and constructive cooperation.

Bangladesh said that developing countries faced impediments to the full realization of human rights, including the right to development, including poverty and climate change. The international community must engage constructively through dialogue and technical cooperation, not through the imposition of values. This aid had to be provided by countries in a position to do so and without conditionality.

Lao People’s Democratic Republic appreciated Sri Lanka’s continued engagement with the mechanisms of the Human Rights Council, as well as with international organizations and bilateral partners to promote and protect human rights. It said that a country-specific human rights resolution would not help to comprehensively address the human rights issues in Sri Lanka. It welcomed Sri Lanka’s efforts in promoting reconciliation, and urged the international community to positively engage with Sri Lanka in that respect.

Uzbekistan welcomed the peace and stability achieved in Sri Lanka in recent years, and noted that Sri Lanka cooperated with the United Nations treaty bodies. It also welcomed the measures taken by the country to resolve the very difficult post-conflict problems, and supported Sri Lanka’s sovereignty in promoting the process of peace-building.

Pasumai Thaayagam Foundation said that the investigation of the human rights violations in Sri Lanka had to address the underlying structural patterns of violations and discrimination of the Tamils, including systems that led to a comprehensive failure in Sri Lanka to promote and protect human rights for all.

Asian Forum for Human Rights and Development said incidents in the six months following the last resolution by the Council on Sri Lanka strongly suggested that a climate of fear had been imposed within the country with the aim of preventing victims, witnesses and human rights defenders from voicing their concerns to human rights bodies outside the country, including United Nations bodies.

International Federation for Human Rights Leagues said that while the international community had indeed taken action on Yemen, there needed to be a stronger international mobilization in order to achieve justice and provide victims with reparation. The International Federation was worried that there had been no accountability for crimes committed since 2011.

Advocates for Human Rights said Ethiopia in 2009 had adopted a proclamation which prohibited certain civil society organizations from working on human rights and imposed strict limits on outside funding for such organizations. It called on Member States to take all possible efforts to provide technical assistance and capacity building to diaspora civil society organizations to promote human rights in their countries of origin and ancestry.

International Movement against All Forms of Discrimination and Racism was disappointed by the refusal of Sri Lanka to cooperate with the United Nations investigation, and was deeply concerned by propaganda carried out by the Government which threatened those collaborating with the United Nations investigation team. The United Nations was called upon to provide full protection to those collaborating with it.

Alsalam Foundation encouraged Bahrain to enhance its cooperation with the Office of the High Commissioner for Human Rights, and demanded that a field office was created. Alsalam Foundation condemned human rights violations in Bahrain, including torture, repression of peaceful demonstrations, lack of guarantees to fair trial, and harassment of human rights defenders and journalists.

Cairo Institute for Human Rights Studies in a joint statement called on the new Government of Yemen to demonstrate its commitment to immediately and unconditionally appoint members to the national commission of inquiry created more than a year ago. Accountability for past and ongoing situations was the only way to ensure peace in Yemen. Yemen was called on to establish a national human rights institution and ensure the development of an action plan to achieve reform and work closely with civil society.

CIVICUS continued to be concerned about persistent harassment, intimidation and attacks against independent journalists and human rights defenders by State security and armed groups in Yemen. It was also alarmed by the violent repression of peaceful pro-reform demonstrations, and restrictions of freedom of expression. CIVICUS called for an independent commission of inquiry to carry out investigations into human rights violations committed in relation to the 2011 demonstrations in Yemen.

Americans for Democracy and Human Rights in Bahrain called attention to the refusal of the leading members of the Human Rights Council to engage with United Nations Special Procedures and mechanisms as a means of technical assistance and capacity building, such as Saudi Arabia’s refusal to cooperate with the Special Rapporteurs on freedom of assembly and association, torture, and extrajudicial killings. It called on Saudi Arabia to implement all recommendations made by the Special Rapporteur on violence against women in 2008.

Commonwealth Human Rights Initiative warned that many Sri Lankans who cooperated with the Council faced reprisals, stressing open death threats by members of the Sri Lankan Government. It called on the Sri Lankan Government to immediately stop all attempts to restrict the flow of information to the investigation team, and called on the Office of the High Commissioner for Human Rights to take all possible measures to minimize the risks faced by individuals who cooperated with the investigation.

Servas International said it was a worldwide peace movement and therefore its members were greatly saddened and touched by the numerous armed conflicts and lack of basic human rights for people around the world. Its vision was based on person to person interaction and exchange with the aim to increase tolerance and understanding amongst cultures.

Human Rights Watch with regards to Sri Lanka was particularly concerned by Government efforts to prevent victims and human rights advocates from providing information to the OHCHR investigation. Pro-Government media had deemed such witnesses to be traitors who wanted to betray their country, creating a climate of fear and intimidation.

Amnesty International had documented violations and abuses of human rights and international humanitarian law violations by both pro-Ukrainian forces and armed separatist groups in the conflict in Ukraine. All parties to the conflict, including Russia, were urged to respect international human rights and international humanitarian law.

Rencontre Africaine pour la Defense des Droits de l’Homme welcomed Sudan’s release of political prisoners and the adoption of a law on human trafficking, but deplored that human rights defenders and journalists remained threatened. It expressed concerns about attacks against civilians in conflict zones and called on Sudan to collaborate with the International Criminal Court. Other issues of concern were the inequality before the law in Somalia and difficulties to access justice, and the insecurity in the Central African Republic. The mandate of the Independent Expert on the Central African Republic should be renewed. Finally, it supported the international investigation on Sri Lanka.

International Buddhist Foundation, with regards to Sri Lanka, expressed concerns that the Human Rights Council targeted selected nations to serve political motives. The investigation by the Office of the High Commissioner was violating the delicate peace in Sri Lanka and did not respect the sovereignty and territorial integrity of the State.

Reporters Sans Frontières International condemned impunity for crimes against media workers in Ukraine. The Office of the High Commissioner should publish best practices and guidelines on the protection of journalists. The National Committee for Public Morality of Ukraine had to be dismantled. Legitimate imperatives such as combatting terrorism or pornography had to be balanced with the right to freedom of information.

Liberation deplored the impunity in Sri Lanka, and the lack of progress in reconciliation efforts carried out by the current Government. The violation of human rights in the north-eastern part of Sri Lanka was catastrophic. The Government was carrying out ethnic cleansing. The efforts of the High Commissioner gave hope for the survival of the Tamil and other minorities in Sri Lanka. Liberation deplored the fact that the Sri Lankan Government was trying to avoid its commitments.

Le Collectif des Femmes Africaines du Hainaut drew attention to the crimes committed against the Tamil people in the north-east part of Sri Lanka, and urged Member States to come up with a strategy to provide witnesses with an opportunity to submit their direct evidence to the inquiry of the Office of High Commissioner for Human Rights. The organization underlined that the refusal to mention Tamil victims was disappointing.

Right of Reply

Thailand, speaking in a right of reply in response to issues raised regarding the situation in Thailand, said that while it appreciated concerns expressed, the overall context of the political situation prior to May 2014 had to be taken into consideration to understand why Thailand was where it was today. Following the change in the country’s administration, relative calm and a sense of normalcy had been restored after more than half a year of uncertainty and unrest. The measures instituted were necessary to restore law and order and had already been progressively relaxed. The transitional period was being use to consolidate the governance system and undertake much needed reform.

Sri Lanka, speaking in a right of reply, said that once again it had been seen that the Council remained divided on the increasing investigative role given to the Office of the High Commissioner for Human Rights in countries. In relation to the comment by Switzerland, Sri Lanka regretted that such comments had been made. All countries were urged not to prejudge the outcome of the national investigation and give it time and space. On the non-cooperation with the Working Group on forced or involuntary disappearance, this was factually incorrect. All these challenges notwithstanding, Sri Lanka reiterated its commitment to continued cooperation with the Council.

Ethiopia, speaking in a right of reply, rejected allegations made by Advocates for Human Rights and said that civil society organizations were subjected to a transparent process of registration, and were very active in a variety of fields. Ethiopia had made innovative measures with donors for the funding of civil society organizations working on advocacy.

Democratic Republic of the Congo, speaking in a right of reply, did not share the view of the United States that there had been a deterioration of the situation in the country. Accountability for perpetrators of sexual violence was considered of great importance by the Government.


For use of the information media; not an official record

HRC14/138E