HUMAN RIGHTS COUNCIL DISCUSSES TECHNICAL COOPERATION AND CAPACITY BUILDING IN HAITI AND MALI
The Human Rights Council this afternoon held separate interactive dialogues with the Independent Expert on the situation of human rights in Haiti and the Independent Expert on the situation of human rights in Mali.
Gustavo Gallón, the Independent Expert on the situation of human rights in Haiti, reiterated the need to focus on five major issues, namely illiteracy, prolonged pre-trial detention, reparation to victims of past human rights violations, absence of the elections and the living conditions of internally displaced persons. The efforts by the authorities to address literacy were not enough. Haiti still suffered from a serious problem of prison overcrowding, and it was hoped that the new initiative launched by the Prosecutor would release 8,500 persons held in pre-trial detention. Further reforms were needed in the area of elections, including the adoption of a law on elections. The creation of a National Commission for Reparation was needed to face problems with victims of human rights violations by the previous regime, and urgent measures were needed to help the internally displaced persons from the 2010 earthquake.
Haiti, speaking as the concerned country, said the Government had launched a schooling programme and a literacy campaign targeting 2.5 million adults. Considering prison crowding, the “punch” operation had been launched. In 2013, over 5,000 had benefited from this operation. Drastic measures to enable future elections had been taken, including the setting up of a temporal electoral commission, the adoption of an electoral decree, and the announcement of the date of the first elections. Concerning people living in tents, the number had fallen from 1.7 million to under about half a million.
In the ensuing discussion, speakers noted with satisfaction the efforts made by the Government, including the efforts to fight impunity, to ensure democratic elections in 2015, and to fight illiteracy and eradicate poverty and hunger. Challenges still remained in these areas however. Speakers called for municipal elections, and regretted that the precarious living conditions of the majority of the population were still a major issue. Speakers called on the international community to provide funding and to identify new forms of cooperation to support Haiti’s needs. They also called for assistance in ensuring free, fair and inclusive elections in August 2015, fighting social inequality, strengthening the rule of law, and strengthening the resilience to disasters.
Ecuador on behalf of the Community of Latin American and Caribbean States, the European Union, Togo, Cuba, Chile, Brazil, Morocco, China, Ecuador, Norway, Mali, the United Kingdom, Senegal, Canada, and France took the floor.
Also speaking in the discussion was United Nations Watch.
Suliman Baldo, Independent Expert on the situation of human rights in Mali, said that the demand for re-opening peace negotiations by the Coordination of Movements of Azawad placed Mali at a critical juncture of its history. The withdrawal of the civilian authorities from the north following the events of May 2014, in particular the criminal justice system personnel, had enhanced the atmosphere of impunity that reigned there. The people in the north were deprived of access to water, health and education. Sexual violence was widespread. The threat of jihad was at its highest level in the region, and 47 terrorist attacks had occurred. Speedy investigations on violations that had occurred in the north since the onset of conflict in 2012 were mandatory. The authorities needed to refer to the International Criminal Court all international crimes such as war crimes, crimes against humanity and other serious violations.
Mali, speaking as the concerned country, stated that the Government had undertaken several actions to fight against impunity and re-establish peace and national reconciliation. These steps included efforts to restore judicial administration in the north of the country, to fight against impunity, to implement transitional justice through the Truth and Justice Reconciliation Commission, to reform the National Commission of Human Rights, and to protect the rights of victims. The Government and armed groups had signed the Peace and Reconciliation Agreement, however some groups had not respected it.
In the ensuing discussion, speakers noted Mali’s efforts to re-establish constitutional order in the country, its steps taken towards national reconciliation, its efforts to combat impunity and its progress in the peace negotiations. They called on all parties to sign and respect the peace agreement, and to include women in the reconciliation process. They also called on parties to respect human rights and humanitarian law, condemning the serious violations of human rights in the north, and in particular the sexual abuse of women and children by government forces as well as armed groups. The recruitment of children in armed groups was strongly condemned. There was concern about the escalation of rebel activity and terrorist attacks in the north, which impeded the peace efforts made thus far, and the fight against impunity.
Algeria on behalf of the African Group, the European Union, France, Australia, Togo, Côte d’Ivoire, United States, Ireland, Germany, Angola, Belgium, Denmark, United Kingdom, Senegal, Algeria, Sudan, Norway, Mauritania, China, Ghana and Egypt took the floor, as did the United Nations Children’s Fund.
The following non-governmental also took the floor: Femmes Africa Solidarité, Espace Afrique International, International Federation for Human Rights Leagues, Human Rights Watch, International Catholic Child Bureau, Rencontre Africaine Pour la Defense des Droits de l'Homme, and Friedrich Naumann Foundation
The Council will next meet on Wednesday, 25 March 2015, at 9 a.m., to hold its Annual Thematic Discussion on Technical Cooperation.
Documentation
The Council has before it the report of the Independent Expert on the situation of human rights in Haiti, Gustavo Gallón (A/HRC/28/82)
Presentation by the Independent Expert on the Situation of Human Rights in Haiti
GUSTAVO GALLÓN, Independent Expert on the situation of human rights in Haiti, said that in his first report he had called upon the international community to focus on five major issues, namely illiteracy, prolonged pre-trial detention, reparation to victims of past human rights violations, absence of the elections and the living conditions of internally displaced persons. The efforts of the authorities to address literacy were not enough and at this rate would take about 20 years to teach everyone to read. Resources to combat illiteracy must be increased to accelerate this time frame and address social inequality and thus enjoyment of human rights. About 80 per cent of prisoners were deprived of liberty without having gone before the judge. The new initiative launched by the Prosecutor aimed to reduce the number of people in detention, including pre-trial, and it was hoped that, in combination with other measures taken, the great majority of some 8,500 persons held in pre-trial detention would be released. Haiti suffered from a serious problem of prison overcrowding: currently 10,000 people were held in prisons which had capacity for 4,000. Among detainees were also children under the age of 12, which was contrary to international law.
The law on elections had not been adopted and the delay in elections threatened democracy and the rule of law. Social tensions were increasing, and were exacerbated by the loss of purchasing power, while demonstrators were complaining of arbitrary arrests. As far as victims of human rights violations by the previous regime were concerned, the Independent Expert had suggested the creation of the National Commission for Reparation, along the lines of the Truth and Reconciliation Commission that had been established following the 1991 coup d’êtat. Further, urgent measures needed to be adopted in order to find a sustainable solution to the problem of persons displaced by the 2010 earthquake. Particular attention should be given to the rights of women in all those areas, and Mr. Gallón said that a specialist had assisted in the preparation of the national report to the Committee on the Elimination of Discrimination against Women.
Statement by the Concerned Country
Haiti, speaking as the concerned country, stated that it was an honour and pleasure to take part in the Human Rights Council. It thanked the Independent Expert for presenting his report on the human rights situation in Haiti and acknowledged his professional and solidarity efforts in this respect. Haiti wished to provide further information on the efforts made by the Government to establish the rule of law. In the previous report the Independent Expert had emphasized five key areas to be worked on, which the Government had made a priority, including illiteracy, lengthy pre-trial periods, elections, and the conditions of internally displaced people. The Government had launched a schooling programme and a literacy campaign targeting 2.5 million adults. Considering prison crowding, the “punch” operation was launched, by giving a swift follow-up for those who had not yet been brought before a judge. In 2013, over 5,000 had benefited from this operation, and over 2,000 were currently having their files dealt with. The draft revision of the Haitian Criminal Code had been presented to the Government. There were efforts to limit crime. Drastic measures to enable future elections were being taken, including by setting up a temporal electoral commission, adopting and publishing the electoral decree, and announcing that the first elections would be held on 9 August 2015. The Government was set on fighting impunity. Concerning people living in tents, the number had fallen from 1.7 million to under about half a million.
Office of Civil Protection of Haiti (Office de Latin America Protection du Citoyen) in a video message recognized the efforts by the State in the civil and political sphere, and regretted that municipal elections had not been undertaken for four years now. This hindered the respect and enjoyment of human rights in the country. Precarious living conditions were a major issue which affected most of the people and it was regrettable that the Government had not developed the national poverty reduction strategy. The national human rights institution voiced support for the inter-ministerial body on human rights which would ensure development, coordination and harmonization of public policies in the field of human rights.
Interactive Dialogue with the Independent Expert on the Situation of Human Rights in Haiti
Ecuador, speaking on behalf of the Community of Latin American and Caribbean States, expressed the will to identify new forms of cooperation in a bid to support the needs expressed by Haiti and to support the holding of free, fair and inclusive elections in August 2015. Haiti had taken tangible steps to address the human rights situation, which included the submission of reports to human rights treaty bodies, improvements in security and in the living conditions of the people. Illiteracy hampered the effective enjoyment of human rights and Haiti should continue to provide free access to education.
European Union said that Haiti had made progress in recent months on human rights, notably through transposing the Optional Protocol on the Rights of the Child in national legislation, and the publication of the electoral calendar. The efforts to fight impunity should be supported and the European Union welcomed the revision of the Criminal Code. How could the international community cooperate with Haiti to ensure effective access to economic, social and cultural rights for its people?
Ireland welcomed the steps taken by Haiti and hoped that the elections which were announced for the coming months would be freely and fairly conducted without further delays. It remained concerned that little progress had been made in the improvement of the justice system or with a view to ending the blatant impunity for the grave human rights violations committed during the time of the former dictator.
United States said that long-term sustained capacity building was critical to the establishment of the rule of law and its respect and for improving the efficiency and effectiveness of Haiti’s democratic institutions. Attention should be given to the pre-electoral situation in Haiti. The holding of overdue elections was seen as essential for Haiti’s democratic development and reconstruction. What were the immediate steps to be taken to ensure that elections would be held in 2015 and what was the role of civil society.
Venezuela said that poverty had exacerbated the situation of Haiti. Attention should be paid to food and health assistance as well as in the rebuilding of the educative infrastructure. Venezuela shared the view that a committee providing reparations and compensation to victims of cholera should be created. It called for financial support and technical assistance from the international community in order to improve the living conditions of the people in Haiti and the enjoyment of their human rights.
Togo welcomed the full cooperation of the Haitian authorities with the Independent Expert and in particular the establishment of measures by the Government to allow for free and fair parliamentary elections. It also welcomed the Government’s measures to wipe out illiteracy, and the national programmes to eradicate hunger and poverty. Despite these reforms, challenges remained. Togo invited all main actors to continue to cooperate with Haiti.
Cuba said that clearly the situation in Haiti remained complex. The international community’s responsibility could not be ignored. Reconstruction and development was owed to the people following several centuries of colonisation. The Government’s needs and priorities had to be attended to. Cuba continued to cooperate with the Government in the areas of education and health and participated in development programmes, fully respecting Haiti’s right to self-determination.
Chile said that the report underlined the need to secure the rule of law and justice in Haiti. Chile commended the country’s reforms in this respect. Holding free and fair elections was vital. Chile had organized a visit to Haiti with the Security Council to assess the escalation of violence and the situation in Haiti. Developments in the area of early childhood were commended. What did Haiti think of short-term priorities for technical assistance?
Brazil reiterated the conviction that the collective efforts to support Haiti should be based on the consolidation of political stability and the fight against poverty. Such an approach aimed at enhancing the promotion and protection of human rights in the country and could lay the ground for sustainable development. Brazil maintained a special humanitarian migration policy for nationals of Haiti.
Morocco called upon the international community to support Haiti in areas identified by the Independent Expert, including fighting social inequality, strengthening the rule of law and strengthening resilience to disasters. Morocco welcomed the launching of the national social assistance programme and the programme to fight hunger and malnutrition, and expressed its support for transitional justice.
China took positive note of the recommendations by the Independent Expert and commended Haiti for promoting the political process, post-earthquake reconstruction and the improvement of the human rights situation, but said that Haiti still had a long way to go to address the humanitarian situation in the country. The international community should honour effectively its promise to help Haiti reduce poverty and achieve sustainable development.
Ecuador described efforts it had made in support of Haiti, including its participation in security sector reforms and its activities to train staff and help rebuild Haiti’s infrastructure. Ecuador supported efforts for the promotion of human rights and rebuilding of the State, and invited the international community to continue to provide Haiti with international support.
Norway said the issue of illiteracy had to be seen in the larger issue of access to education. The State had to take measures to implement recommendations relating to pre-trial detention, and had to take measures to combat corruption. Norway expressed deep concern about the fate of Dominicans of foreign descent, many of whom ran the risk of being stateless, which could lead to instability in the region.
Mali welcomed the collaboration of Haiti with the Independent Expert, and called for international assistance to Haiti to enable it to address the priority areas identified by the Independent Expert. Mali welcomed efforts to combat hunger and ensure social assistance, and called for further efforts for access to housing and addressing the needs of stateless persons.
United Kingdom said that the human rights situation in Haiti was both complex and challenging. Social inequality persisted and the country was still feeling the effects of the recent natural disasters. The implementation of the emergency measures proposed should be a priority and all sides should work together in ensuring free, fair and transparent elections. The United Kingdom asked what could be done regarding the issue of statelessness and pre-trial detention.
Senegal welcomed all the efforts that had been made and invited the international community to continue to support Haiti in all what they needed. Support should be given in the education area such as providing infrastructure for schools and care centres for children. It motivated the cooperation with the diaspora to consolidate solidarity amongst brothers.
Canada was encouraged by the progress made but was alarmed by the problem of the pre-detention system, where many of the prisoners were detained without a prior conviction, and the lack of capacity of the judiciary. Canada welcomed the efforts and improvements that had already been made in that regard and urged Haiti to take more measures to reform the penitentiary and the judiciary system. It recalled that democratic elections were essential to ensure a transition and to ensure security and stability in the Country.
France welcomed the quality of the work of the Independent Expert, and said that his recommendations were a useful tool for Haiti and the international community. France commended the recent advancements in standard settings, including the adoption of the law on corruption and on human trafficking. The fight against impunity was a priority and France asked the Independent Expert to suggest ways of facilitating access to justice and improving the functioning of the judiciary.
United Nations Watch was concerned about continuing violations of basic rights in Haiti and agreed that they were linked to deep inequalities present in the society. Illiteracy plagued more than half of the society, prisoners suffered cruel and inhumane treatment, children continued to be used for labour, and the situation of internally displaced persons was deplorable. What measures could be implemented to empower women and combat widespread gender inequality and violence?
Concluding Remarks by the Independent Expert on the Situation of Human Rights in Haiti
GUSTAVO GALLÓN, Independent Expert on the situation of human rights in Haiti, welcomed the positive exchange of views between him and the Haitian authorities and noted that the Government had decided to increase the number of adults targeted by the literacy campaign, which was a positive development. He noted that some persons were surprised about the importance given to the illiteracy issue, and underscored the importance of literacy as a fundamental right that must be realized, protected and supported by the State. Ensuring literacy of children and adults was also a good economic decision, as it empowered the population to contribute to development. Literacy was also linked to human rights awareness among the population. He welcomed efforts by several countries to support Haiti. On prolonged pre-trial detention, the Independent Expert noted that the Government had just launched a campaign which seemed to be moving forward in the right direction. Further steps would have to be taken to reorganize the judiciary and ensure its proper functioning.
Elections were the subject this year. Mr. Gallón said the proper functioning would rely on several factors, including international observation and the participation of civil society. Elections would face challenges, including on the financial side, but were absolutely necessary. With regard to impunity, the Independent Expert underlined the importance, not only for the Haitian society but for the entire international community, of bringing perpetrators of past crimes to justice. It was also important to address the lack of knowledge by the younger generation of the past crimes and events in Haiti. Although important progress had been made, a lot remained to be done to resolve the situation of displaced persons. He reiterated the call on the Haitian authorities to respect the rights of Dominicans of foreign descent, in collaboration with the Dominican Republic. Statelessness had to be addressed. The dispersion of international assistance sometimes meant a lack of effectiveness, and focused and targeted assistance would lead to better results, for example in the field of illiteracy.
Documentation
The Council has before it the report of the Independent Expert on the situation of human rights in Mali, Suliman Baldo (A/HRC/28/83)
The Council has before it a corrigendum to the report of the Independent Expert on the situation of human rights in Mali, Suliman Baldo (A/HRC/28/83/Corr.1)
Presentation by the Independent Expert on the Situation of Human Rights in Mali
SULIMAN BALDO, Independent Expert on the situation of human rights in Mali, presenting this report, said that the demand for re-opening of peace negotiations by the Coordination of Movements of Azawad placed Mali at a critical juncture of its history. The withdrawal of the civilian authorities from the north following the events of May 2014, in particular the criminal justice system personnel, had enhanced the atmosphere of impunity that reigned there. The people in the north were deprived of access to water, health and education, and the lack of implementation of economic, social and cultural rights was both a cause and a consequence of the conflict. The threat of jihad was at its highest level in the region, and attacks with improvised explosive devices targeted civilians and armed forces. During the reporting period, 47 terrorist attacks had occurred, including on the compounds of the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA). Mr. Baldo stressed the obligation of all armed groups to respect international humanitarian law and international human rights law, particularly in relation to the protection of civilians, and said that it was vital for the judicial staff to be redeployed. Delayed investigations into the violations of human rights and international humanitarian law that had occurred in the north since the onset of conflict in 2012 must be resumed as soon as possible, to avoid the feeling of abandonment by the communities, who could take things in their own hands.
Most of the children in the north had been deprived of their right to education for two years now, which made them vulnerable to recruitment by armed groups, exploitation and violence. As an illustration, 200 of the 604 schools in the Gao region had been closed. During the occupation of the north, sexual violence had been widespread, but impunity prevailed because judges were not present. The Secretary-General of the Truth, Justice and Reconciliation Commission had assumed his functions in September 2014, but the appointment of members, the plan of activities and the resources of the Commission were still unclear. Mr. Baldo stressed the need for the absolute independence and impartiality of the Commission and said that he had received reassurance that the Ministry of Justice would soon start work with the Ministry of Reconciliation on the issue of transitional justice. The National Assembly should speed up the review of the bill establishing a national human rights institution. The authorities should show more diligence in addressing the crimes committed in the north, strengthen the capacities of different actors involved in judicial investigations, and refer to the International Criminal Court all international crimes such as war crimes, crimes against humanity and other serious violations.
Statement by the Concerned Country
Mali, speaking as the concerned country, said it had suffered an institutional, security and humanitarian crisis in 2012, marked by numerous grave violations of human rights. The Government had undertaken several actions, in particular to fight against impunity and re-establish peace and national reconciliation. These steps included the opening of judicial documents on war crimes. Efforts regarding the judicial administration in the north of the country had also been made, as well as reform of the security system in order to fight against impunity. The implementation of a transitional justice through the Truth and Justice Reconciliation Commission, the reform of the National Commission of Human Rights, and the protection of the rights of victims were also among the positive developments. Seventeen mobile support units had been deployed to areas affected by the crisis. Not all areas could be reached due to the situation on the ground. The Government and the armed groups had signed the Peace and Reconciliation Agreement, however some groups did not respect it. Mali called on the international community to put pressure on all parties to respect the agreement. Mali requested the renewal of the mandate of the Independent Expert.
Interactive Dialogue with the Independent Expert on the Situation of Human Rights in Mali
Algeria, speaking on behalf of the African Group, noted with satisfaction Mali’s renewed willingness to collaborate with the Independent Expert and other mechanisms of the Human Rights Council. The African Group noted that the situation in Mali remained fragile, but said there was hope as a result of the Algiers agreement. It called on all Malian parties to sign the peace agreement in order to put an end to the suffering of the civilian population.
European Union welcomed the return to constitutional order in Mali and the strengthening of the authority of the State in all parts of the country. The European Union condemned serious human rights violations and violations of international humanitarian law by armed groups in the north of Mali. The European Union was in favour of the renewal of the mandate of the Independent Expert, and asked what more could be done to address the needs of displaced persons and to re-establish the State’s sovereignty in the north.
France said the mandate of the Independent Expert was particularly important as Mali was entering a crucial phase. France condemned serious violations in the north and expressed concerns about the population living there and those who had left to neighbouring countries. France called on all parties to sign the peace agreement. Combatting impunity was an essential condition for national reconciliation. France asked the Expert how to encourage displaced persons to return home.
Australia said that peace negotiations were a step forward, but achieving lasting peace and reconciliation required an end to impunity for human rights abuses committed by all parties. Could the Independent Expert suggest how to ensure that the rights of victims were protected in the ongoing political process, address the difficulties encountered in collecting information on sexual violence, and encourage participation of women in the process of national reconciliation.
Togo noted with concern that the progress of a few months ago in rolling out the Government’s authority in the north and the fight against impunity had been stopped by renewed attacks. All parties to the conflict should sign the Algiers peace agreement initialled in March 2015, and the international community should continue supporting Mali in its efforts to combat impunity, promote reconciliation, and strengthen social cohesion.
Côte d’Ivoire appreciated the efforts by Mali to set up the Truth and Reconciliation Commission and to strengthen the judicial system in order to address human rights violations. It was regrettable that Mali was taking backward steps due to the resurgence of rebel activity, while terrorist attacks including against the MINUSMA were an issue of concern. The international community should provide technical support and financial assistance for the strengthening of the judicial system in order to bring to justice perpetrators of crimes and human rights violations.
United States acknowledged the ongoing efforts by the Government to reform the security sector and establish the National Human Rights Commission and the Truth, Justice and Reconciliation Commission. The United States was concerned about the increased terrorist attacks and violence involving sexual assaults on women, as well as children. Both government forces and armed groups were allegedly involved. What was the status of the request of the Secretary-General to establish a commission to shed light on violations of human rights, and how would this commission eliminate impunity?
Ireland said that the significant increase in serious violations of human rights and international humanitarian law committed by armed groups in the north was extremely worrying. Ireland condemned in the strongest possible terms the attacks on innocent civilians and peacekeepers earlier this month. It welcomed the progress in peace negotiations between the Government and rebel factions. It was also deeply concerned about the rape cases involving minors allegedly committed by members of the armed forces.
Germany was deeply concerned about the deterioration of the human rights situation, especially in the north of the country. It called on all stakeholders to reject and distance themselves from violence and intimidation and to continue efforts to arrive at a peaceful resolution of the conflict. Germany supported the Malian armed forces with personnel on the ground, through the European Union Training Mission. It asked the Independent Expert to elaborate on how the issue of impunity and amnesty granted for political reasons would be dealt with.
United Nations Children’s Fund expressed concern about children in detention in Mali after 28 children had been arrested over the past two years for being affiliated with armed groups. Six of these children remained in custody today. Female genital mutilation was not subjected to any national ban, UNICEF regretted. The family and child protection codes were still drafts but would not completely address Mali’s obligation under international law to ban this practice.
Angola welcomed efforts at the national and regional level to bring peace to Mali, and encouraged technical and financial support for the establishment of democratic institutions in Mali. Angola noted that technical assistance to Mali had contributed to improvements, and called upon the international community to work with Mali towards a sustainable solution to the conflict.
Belgium was concerned about the worsening of the situation in the north of the country, and about the lack of accountability for abuses there. Belgium was alarmed about violence against civilians by armed groups, and shared the Expert’s concerns regarding sexual violence against children. Belgium insisted that all peace agreements be part of a normative framework excluding amnesty for the most serious crimes.
Denmark was deeply worried about the grave human rights and humanitarian crisis in the north of Mali and in the Sahel region and called on all parties to the conflict to urgently sign the peace agreement and tackle the root causes of the conflict through an enhanced process of inclusion and reconciliation. If the peace agreement was not signed by all parties, what would be the consequences for the human rights situation in northern Mali and what would the priorities for the international community be in this case?
United Kingdom urged Mali to step up the efforts to end impunity for human rights violations and said that there should be no amnesty for such acts, and commended MINUSMA’s important work in this regard. The Mission’s hearing of testimonies of victims would provide evidence for future trials. In light of the worrying high incidence of sexual violence, Mali should strengthen the codes of practice against sexual violence within the armed forces.
Senegal welcomed the establishment of the Truth, Justice and Reconciliation Commission which brought together all stakeholders, including belligerents, to build a stable political and social environment which would be a guarantee of durable peace. The commitment of the Government to the promotion and protection of human rights was a guarantee of the search for a lasting solution to multiple challenges that Mali was still confronted with, such as inter- and intra-communal violence and the fight against impunity.
Algeria was pleased about the gradual return to constitutional order in Mali. A peace and reconciliation agreement was viewed as an opportunity to achieve a durable peace. That initiative should be taken by all the parties in mutual cooperation. Algeria called on the international community to support the improvement of human rights in Mali and requested it to continue its technical assistance and capacity building in that country.
Sudan said that the establishment and strengthening of the national commission of human rights was a commendable step. It encouraged Mali to pursue its efforts to overcome the remaining human rights challenges in the country and it remained confident that the national reconciliation process through the constructive dialogue would represent the most appropriate mechanism to achieve durable peace and stability in Mali.
Norway expressed its concern about the number of violent incidents perpetrated by terrorist groups and the reports of rape and gross abuses against women and children. All parties to the Malian conflict had the responsibility to adhere to fundamental international rights norms. The violations against human rights had fuelled the ongoing conflict and had complicated efforts to reach a lasting peace. Truth, justice and reconciliation were viewed as the essential elements for the consolidation of peace.
Mauritania saluted the considerable efforts made by Mali to ensure the promotion and protection of human rights. It shared the concerns raised by the Independent Expert, in particular the rise of terrorist groups and attacks in the north. Progress in terms of deployment and fighting impunity was commended. The international community was called upon to assist Mali in its efforts. Mauritania supported the renewal of the mandate of the Independent Expert.
China condemned the attacks on the personnel of the United Nations Multidimensional Integrated Stabilization Mission in Mali and called on the United Nations to boost peacekeepers to assist the efforts of the mission. China supported Mali’s efforts to preserve its peace and integrity. It called upon all parties to reach an all-inclusive peace agreement as early as possible. China had sent peacekeepers to Mali in order to ensure peace in the country and the wider region. It hoped that this would help Mali achieve stability.
Ghana noted that in spite of progress made during the first quarter of 2014 in the north, fresh fighting had broken out in Kidali, delaying progress made. Citizens trapped in that area had suffered from serious infringements on their human rights. Humanitarian workers were also targeted by jihadi groups. Ghana called on Mali to continue efforts to reform the National Human Rights Commission to bring it up to international standards. Ghana also called on the international community to provide financial and technical support to Mali.
Egypt said that despite the progress in 2014, including the consolidation of the State’s authority, the fighting that had erupted in the north had put the gains at risk. Restoring public order and the rule of law could only happen if the Government fought impunity for various human rights violations and Egypt called upon Mali to reform its National Commission for Human Rights. The international community should provide support to Mali to strengthen its judiciary and reform the security sector.
Femmes Africa Solidarité condemned human rights violations and extreme acts of terrorism, and called for coordinated efforts by the international community to establish stability. The increasing number of rapes, particularly of minors, was an issue of great concern; impunity only perpetuated the crime. There would be no end to the cycle of violence without justice and if an environment of impunity remained.
Espace Afrique International said that the power struggles between the Government and armed groups gave rise to human rights violations and abuses on a significant scale, including rape, torture and ill-treatment. The report of the Commission of Inquiry on the crimes committed in the country, which was stipulated by the Ouagadougou agreement, had not yet been made public. It was vital to endow the State with the necessary means to protect civilians from terrorism and to fight impunity.
International Federation for Human Rights Leagues underscored that combatting impunity was one of the essential elements for a durable and fair reconciliation in Mali. It called on the authorities to guarantee the means to effectively and fairly pursue the perpetrators of human rights violations without taking into account their political status. It also encouraged the Government to accelerate the establishment of a Truth and Reconciliation Commission with independent and competent members.
Human Rights Watch expressed its concern at the Government’s lack of progress in addressing deep-rooted impunity and the weakness of the justice system that underscored Mali’s near collapse in 2012. The insufficient progress made by the national judiciary in investigating the disappearances and torture and holding accountable those who had been implicated in serious abuses committed by all sides during the armed conflict was also a great concern.
International Catholic Child Bureau said that children had been victims of amputations and deprived of schools due to the occupation. Reforms were urged to the judicial system as well as the need to carry out investigations on the perpetrators of human rights violations. It requested Mali to take into account principles in favour of children’s rights, including the prohibition of sexual violence against children and the prohibition to use children in armed forces. Children should be protected and not associated with armed forces.
Rencontre Africaine Pour la Defense des Droits de l'Homme said that the attack in Bamako on March 6 was proof of the fragile situation faced by the Government. The reinforcement of the fight against impunity without amnesty was the only way to end the repeating violations of human rights. Given the prevailing situation in the country, what solution did the Independent Expert have in mind with regards to the increase in isolated attacks in the north, as well as the rejection of the peace accord by one of the groups?.
Friedrich Naumann Foundation said that the German Government had provided funds with the aim of strengthening the capacity of human rights institutions in Mali, carrying out advocacy lobbying and networking work, and drawing the international community’s attention to the situation. The Foundation was alarmed about the situation of children in the north of Mali, their lack of access to education and health, and the enlistment of children in armed groups. Victims of violations were still waiting for justice to be carried out on perpetrators.
Concluding Remarks
Mali, speaking as the concerned country, reiterated its appreciation for the Independent Expert’s efforts and thanked the delegations for their contributions to the discussion, which would help improve the human rights situation. Mali thanked the international community for actively dealing with the socio-economic crisis in the country and renewed the commitment to cooperate with the United Nations system and the Human Rights Council in the search for appropriate solutions to the challenges facing the country.
SULIMAN BALDO, Independent Expert on the situation of human rights in Mali, on the question concerning consequences of failure of the peace talks for the human rights situation in the country, said that the collapse of the talks would spell disaster for Mali. Up to now, the conflict had been between the Government and the rebel groups in the north, which could be described as a low-intensity high-impact conflict. The conflict had transformed since May 2014 with the entry of new actors who recruited on the basis of ethnic alliance which would lead to more massive and serious violations. The international community must do all possible to assist the achievement of lasting peace, especially as fighting jihadist groups and terrorism was not the responsibility of Mali alone. The situation in the north was affected by the free flow of arms, and drug trafficking which targeted Europe – all this put Mali at the heart of a regional conflict and regional and international actors must pay adequate attention. An important priority for the return of displaced persons was to bring about peace to northern Mali.
In order to help Mali strengthen its sovereignty, the international community must address phenomena that were not purely national: more efforts needed to be put in combatting international crime, addressing terrorism which was raging in the region, and fighting the international drug trade. On the reintegration of children associated with armed groups, it was important to ensure education and psycho-social rehabilitation; Mali was poorly equipped for this and resources and efforts needed to be directed towards schooling, training, small business skills, rural development – this would help the children stay with their families and have livelihood options. With regard to the Commission of Inquiry requested by the Ouagadougou agreement, the Independent Expert said that Mali had already drawn up a letter to this effect and the process was well underway. Very few women had participated in the Algiers process and parties should recognized that women were the prime victims of the conflict and they were the ones who would build the peace.
For use of the information media; not an official record
HRC15/050E