HUMAN RIGHTS COUNCIL CONSIDERS REPORTS OF GROUP OF EXPERTS ON DARFUR AND SPECIAL RAPPORTEUR ON SITUATION OF HUMAN RIGHTS IN MYANMAR
The Human Rights Council today discussed the reports of the Group of Experts on Darfur and the Special Rapporteur on the situation of human rights in Myanmar.
Sima Samar, Special Rapporteur on the situation of human rights in Sudan and Chairperson of the Group of Experts on Darfur, presenting the report, said the Group of Experts concluded that the process of cooperative engagement with the Government of Sudan had worked well in procedural terms; however, in terms of substance, it observed that few recommendations were fully implemented or had a tangible impact. Several recommendations, which were prioritised as short-term and which could have been implemented within three months, had not yet been implemented. While first steps had been taken by the Government with regards to many of the recommendations, these had not yet led to an improvement of the situation of human rights in Darfur. The Group recommended that the Human Rights Council continue the process of review in accordance with the time frames and indicators for assessing implementation that the Group had developed. The Group also suggested that a renewed mandate should envisage the possibility of an assessment mission to Sudan, including its Darfur region.
Sudan, speaking as a concerned country, thanked the Council for addressing once again the situation in Darfur, and expressed strong hopes that a solution would be found in the ongoing work for a consensus. It had not only been cooperation in formal matters, but a cooperation that had guaranteed credibility. The Government of Sudan had very sincerely provided the Council and the former Commission on Human Rights with all necessary information. On the ground, several thousands of displaced people had been able to return to their homes. Also, the Human Rights Council and the High Commissioner were requested to speak out in very strong terms against the attempt by a French NGO to kidnap children. A new stage of positive cooperation should now be envisaged to promote human rights in all parts of the world. No efforts had been spared by Sudan and the Government was ready to work hand in hand with the Council.
Speakers acknowledged the efforts of the Government of Sudan to cooperate fully with the Group of Experts. However, they said the report showed that little or no tangible impact had been reported on the bulk of the recommendations and many had not been implemented at all. Other speakers stressed the efforts being made by the Government of Sudan to ameliorate the human rights of and humanitarian situation of the people of Darfur. They said considering the extent of the efforts required and the area to be covered by the Government of Sudan, immediate results could not be expected. Some speakers welcomed the new cooperative spirit prevailing in the Council. They noted the upcoming deployment of the United Nations-African Union hybrid force. Others said the persistent human rights violations, including the acts of sexual violence and the violations of international humanitarian law committed by all parties to the conflict, required the renewal of the mandate of the Group of Experts on Darfur.
Speaking in the debate on the report of the Group of Experts were Portugal on behalf of the European Union, Pakistan on behalf of the Organization of the Islamic Conference, Egypt on behalf of the African Group, India, Canada, Zambia, China, Netherlands, Italy, Republic of Korea, Japan, Indonesia, Malaysia, Switzerland, France, United Kingdom, Norway, New Zealand, Iceland, Algeria, Australia, United States, Belgium and Sweden.
The following non-governmental organizations also took the floor: Association for World Education, International Federation of Human Rights Leagues, UN Watch, Amnesty International, International Commission of Jurists, Human Rights Watch, Hawa Society for Women, Cairo Institute for Human Rights Studies, African–American Society for Humanitarian Aid and Development and Consultative Council of Jewish Organizations.
Manfred Nowak, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Hina Jilani, Special Representative of the Secretary-General on the situation of human rights defenders, and Philip Alston, Special Rapporteur on extrajudicial, summary or arbitrary executions, all members of the Group of Experts on Darfur, made concluding remarks at the end of the debate.
Sudan spoke in right of reply.
Paulo Sergio Pinheiro, Special Rapporteur on the situation of human rights in Myanmar, said
that, in his opinion, security forces had used excessive force against civilians. The crackdowns had been a military response and it was difficult to clearly identify the chain of command that had led to these events. These serious abuses may constitute international crimes and could invoke individual criminal responsibility. He continued to receive reports alleging arrests and release of people. An estimated 3,000 to 4,000 people had been arrested in September and October. Most of them were charged under the criminal code for terrorism while others were still under investigation. Reports from released detainees gave the impression that the detainees had undergone harsh conditions during their interrogation phase. The level of violence and insults against monks and monasteries were particularly shocking. No specific signs were found that the Government of Myanmar was implementing the Human Rights Council resolution S-5/1. The Government was urged to repeal or amend old laws and regulations in accordance with international human rights standards in relation to the right to peaceful assembly, the right to freedom of expression, freedom of movement and all maters related to criminal, penal procedures and prison regulations.
Myanmar, speaking as a concerned country, said that it had cooperated with the Human Rights Council in a spirit of goodwill and sincerity. However, it was disappointing that the report did not reflect the true situation on the ground and lacked objectivity and impartiality. Constructive dialogue and genuine cooperation were the cornerstones for enhancing the promotion and protection of human rights. There had been many positive developments, and the Special Rapporteur had seen that peace and stability had been restored. The report attempted to intrude into the internal affairs of Myanmar by criticizing the efforts of the Government to restore law and order and to maintain peace and stability. Putting on pressure to politicize the situation could be counter-productive, and condemning, naming, shaming and blaming would not help to improve the situation.
The Council today held three back-to-back meetings from 9 a.m. to 6 p.m. When the Council resumes its work at 10 a.m. on Wednesday, 12 December, it will start the debate on the report of the Special Rapporteur on the situation of human rights in Myanmar.
Report of the Group of Experts on Darfur
The Council has before it the final report on the situation of human rights in Darfur prepared by the Group of Experts mandated by the Human Rights Council in its resolution 4/8 (A/HRC/6/19). In the report, the Group of Experts concludes that, while overall the process of cooperative engagement with the Government of Sudan has worked well in procedural terms, in terms of substance, few recommendations have been fully implemented or reportedly had a tangible impact on the ground. While initial steps have been made by the Government with regard to many of the recommendations, they have not yet yielded a sufficient impact on the ground according to reports received from organizations operational in Darfur. Finally, a significant number of recommendations have not been addressed by the Government at all.
Regarding protection of the civilian population, the Government asserted that measures taken to implement the Group's recommendations led to clear progress in Darfur as attested, in particular, by the return of 359,000 internally displaced persons and refugees to their places of origin, a fall in reported cases of violence against civilians, including women, and the massive presence of humanitarian workers in Darfur. The Group of Experts, without taking position on the nature and sustainability of reported returns of displaced persons, notes that, according to United Nations figures, more than 267,000 persons had been displaced since the beginning of 2007, with particularly high figures in August, September and October. The Group also takes note of the very detailed reports on continuing acts of violence committed against civilians in different parts of Darfur, indicating that the measures taken had little or no impact on the ground.
As for protection for women, the Government informed the Group that, on 18 August 2007, the Minister for Justice issued a declaration on the measures for the elimination of violence against women in Darfur, and that the Government had undertaken to investigate, identify and prosecute perpetrators, to provide legal compensation to victims, and to strengthen its commitment in the implementation of the 2005 national action plan to combat violence against women. However, United Nations agencies, bodies and programmes operational in Darfur observed that the problem of violence against women in Darfur persisted. From June to October, United Nations agencies documented incidents of sexual violence almost every week, totalling 46 victims (45 women and one 10-year-old boy).
With regard to the recruitment of child soldiers, the Government informed the Group of Experts that it had identified 857 child soldiers in the eastern Jebel Marra/Sharia areas. Although the Government reported that several laws protected children, there were no reports on the rigorous and systematic investigation and prosecution of violations against children to address the prevailing sense of impunity for such violations. The Group was informed by the Government that gender and child units within the police had been set up, but has not received information on any impact of this measure on the ground.
In its recommendations, the Group of Experts calls on the Human Rights Council to continue the process of review in accordance with the time frames and indicators for assessing implementation developed by the Group. It suggests, among others, that a renewed mandate should envisage the possibility of an assessment mission to Sudan, including its Darfur region, and sufficient time for analysis of the implementation of medium-term recommendations, which expire on 20 June 2008.
Presentation of Report of Group of Experts on Darfur
SIMA SAMAR, Special Rapporteur on the situation of human rights in Sudan and Chairperson of the Group of Experts on Darfur, recalled that the mandate of the Group of Experts had been to ensure effective follow-up and to foster implementation of pre-existing resolutions and recommendations on Darfur in a way that supported human rights Special Procedures mandates relating to the situation in Darfur. In its interim report of 22 September 2007, the Group of Experts indicated that at that stage, it was not in a position to provide, on the basis of the information received from the Government of Sudan and other sources, a full assessment of implementation. The Group felt that the Government of Sudan should be given the maximum opportunity and time to implement the recommendations compiled by the group and to provide further information. The Group also needed more time to gather information from all reliable sources concerning the status of implementation and to consider the level of impact implementation could have had at the ground level.
Following the September Council session, the Group of Experts invited the Government to submit further information and, on 9 October, it sent a list of questions to the Government to help it clarify outstanding questions and to facilitate the process of constructive dialogue. The Group had been pleased to continue working with the Government at a very good level of cooperation. In the present report, the Group of Experts reviewed the efforts of the Government of Sudan to implement the recommendations the Group had compiled, using the indicators it put forward in its first report, on the basis of information that the Group had received from the Government, as well as from other sources.
Ms. Samar said the Group of Experts concluded that the process of cooperative engagement with the Government of Sudan had worked well in procedural terms; however, in terms of substance, it observed that few recommendations were fully implemented or had a tangible impact. Several recommendations, which were prioritised as short-term and which could have been implemented within three months had not yet been implemented. While first steps had been taken by the Government with regards to many of the recommendations, these had not yet led to an improvement of the situation of human rights in Darfur. The Group recommended that the Human Rights Council continue the process of review in accordance with the time frames and indicators for assessing implementation that the Group had developed. The Group also suggested that a renewed mandate should envisage the possibility of an assessment mission to Sudan, including its Darfur region.
Statement by Concerned Country
OMER DAHAB FADOL MOHAMMED (Sudan), speaking as a concerned country, thanked the Council for addressing once again the situation in Darfur, and expressed strong hopes that a solution would be found in the ongoing work for a consensus. It had not only been cooperation in formal matters, but a cooperation that had guaranteed credibility. The Government of Sudan had very sincerely provided the Council and the former Commission on Human Rights with all necessary information. On the ground, several thousands of displaced people had been able to return to their homes. Also, the Human Rights Council and the High Commissioner were requested to speak out in very strong terms against the attempt by a French non-governmental organization to kidnap children. A new stage of positive cooperation should now be envisaged to promote human rights in all parts of the world. No efforts had been spared by Sudan and the Government was ready to work hand in hand with the Council.
Debate on Report of Group of Experts on Darfur
FRANCISCO XAVIER ESTEVES (Portugal), speaking on behalf of the European Union, said that the compilation of all United Nations recommendations with a timeframe and indicators was a major step forward to having a concrete positive impact on the lives of the people of Darfur. The efforts of the Government of Sudan to cooperate fully with the Group of Experts were acknowledged. However, the report showed that little or no tangible impact had been reported on the bulk of the recommendations and many had not been implemented at all. The Government of Sudan was primarily responsible for the promotion and protection of human rights in Sudan but neither they nor the international community had yet been able to address the suffering of victims of human rights violations in Darfur.
The Human Rights Council was asked to urge Sudan to fully assume its human rights obligations and to call upon all parties to put an end to all acts of violence against civilians and internally displaced persons, human rights defenders and humanitarian workers. The Council should also urge Sudan to address the question of impunity by investigating all allegations of human rights and international humanitarian law violations, and to bring to justice the perpetrators of these violations. The Group of Experts should have their mandate extended until at least June 2008, and at the same time all States should contribute actively for the improvement of the situation in Darfur.
TEHMINA JANJUA, (Pakistan), speaking on behalf of the Organization of the Islamic Conference (OIC), said the conclusions of the report of the Group of Experts reflected the efforts being made by the Government of Sudan to ameliorate the human rights and humanitarian situation of the people of Darfur. The Group of Experts had concluded that the process of review was facilitated by the very good cooperation of the Government of Sudan; and that in some areas, necessary steps were carried out fully or to a substantial degree, while in other areas first steps towards implementation were taken. Considering the extent of the efforts required and the area to be covered by the Government of Sudan, immediate results could not be expected - even the Group acknowledged that implementation of certain recommendations could be complex and required more time for full execution.
The OIC supported the Government of Sudan in its efforts to improve the human rights and humanitarian situation in Darfur, and hoped the legal and administrative measures being taken would address the issues of impunity and end all types of violence, especially against women, children, the elderly and those with disabilities. The OIC agreed with the African Group that there could not be two United Nations mechanisms for the same situation, and therefore hoped that the matter of the extension of the two mandates would be resolved as a result of the ongoing dialogue between the African Group, European Union, and other interlocutors. Efforts by the Sudanese Government needed concrete support and acknowledgement by the international community.
AMR ROSHDY (Egypt), speaking on behalf of the African Group, welcomed the efforts exerted by the Group of Experts. The contents of the final report were a testimony of the new cooperative spirit prevailing in the Council. The constructive dialogue between the Government of Sudan and the Group of Experts was noted. The measures taken by the Government of Sudan in issuing decrees to the Army and Police Forces were welcomed. These and other measures had led to a marked improvement in the situation in Darfur. Many challenges still remained. The international community was urged to guarantee that all parties joined the peace agreement in Darfur. The recent attempt by a non-governmental organization to abduct a number of children in Chad was strongly condemned. The relevant mechanisms of the Council were requested to examine this issue. The African Group believed that the Group of Experts had fulfilled its objectives.
SWASHPAWAN SINGH (India) said that India had been closely following developments in Darfur and had consistently urged that the situation be resolved through a peacefully negotiated solution. India looked forward to the facilitation of the deployment of the United Nations-African Union hybrid force and hoped this would receive support from the international community. India hoped that the Human Rights Council and the work of the Group of Experts would continue to be undertaken in a consensual manner.
MARIUS GRINIUS (Canada) said the situation in Darfur was critical. The persistent human rights violations, including the acts of sexual violence and the violations of international humanitarian law committed by all parties to the conflict, required the renewal of the mandate of the Group of Experts on Darfur. The protection of civilians continued to be compromised, including safe humanitarian access. Governmental and rebel forces continued to act with impunity in Darfur. However, there was still a glimpse of hope, in particular the agreement for the deployment of a joint peace mission between the United Nations and the African Group, as well as the progress accomplished with regards to the resumption of the peace talks on 27 October. Despite these positive steps, however, the long road to a political settlement in Darfur remained full of potholes.
At the last session of the Human Rights Council the Government of Sudan agreed to cooperate with the Group of Experts, including to implement the recommendations to improve the human rights situation in Darfur. Canada had welcomed this spirit of cooperation, and was, in that regard, appalled by the recent decision of the Government of Sudan to appoint an individual who had been indicted by the International Criminal Court for war crimes and crimes against humanity in Darfur as co-Chair of a National Committee to investigate human rights violations in Sudan. This could only cast doubt on the Government’s real commitment to improve the human rights situation in the country. Canada was also concerned that steps to implement a number of the measures recommended by the Group had yet to be taken. It was time that the Government of Sudan matched its rhetoric on human rights with concrete action.
ENCYLA SINJELA (Zambia) said that Zambia supported the recommendations of the Group of Experts contained in the report and the steps required of the Government of Sudan. It was believed that, if implemented, the proposed recommendations could bring peace to Darfur. The cooperation between the Government of Sudan and the Group of Experts was welcomed but it was regretted that it had only been in terms of procedural matters. Sudan was encouraged to implement the recommendations.
BO GIAN (China) said China appreciated the work of the Group of Experts and the cooperation of the Government of Sudan with their work. The development of a timetable was a useful step.
The United Nations-African Union hybrid force was to be deployed in Darfur and the recommendations of the Group of Experts had been implemented to some extent and with some impact. These results should take into account the poverty of Sudan and the lack of development. The situation would require the continued effort of Sudan and support from the international community. China would continue to support a peaceful solution in the region.
ROBERT JAN SIEBEN (Netherlands) said the work of the Group of Experts on Darfur was an excellent example of how the Human Rights Council could respond in a very concrete manner to ongoing human rights violations in a region. The Group was mandated to foster the implementation of resolutions and recommendations on Darfur of various United Nations bodies, and by compiling these and setting timeframes and indicators for their implementation, in consultation with the Government of Sudan, the Group had created foundations for a real improvement in the lives of the people in the province. However, the Group’s report to the Council gave cause for serious concern. It was clear that to date only a very small part had been implemented.
In essential areas, short-term progress was required and possible, but what were seen instead were ongoing human rights violations and a continued climate of impunity. Accountability and justice was an essential area where no serious progress was made. Nevertheless, the Group reported that the process of cooperative engagement with the Government had been positive. In the next half year, a real and tangible improvement of the situation of the people in Darfur could and should be achieved. The Council should urgently call the Sudanese Government to implement fully and without further delay the recommendations, and the Council should continue its review of the implementation.
ROBERTO VELLANO (Italy) said that the report of the Group of Experts represented a very important tool to improve the human rights situation in Darfur, thanks mainly to a results-oriented approach. The important effort of Sudan to cooperate with the Group of Experts was a positive example to follow. The tasks entrusted to the Group still deserved enduring engagement in order to assess the real impact of the measures that were being put in place. Italy would continue to support a broad consensus in this Council on the situation in Darfur. Italy had announced its willingness to contribute to the deployment of the African Union-United Nations hybrid force, financially as well as technically. In the coming days, the Council would have a chance to show to the international community that it could make a substantive contribution to the improvement of human rights in the region.
LEE SUNG-JOO (Republic of Korea) appreciated Sudan's efforts to take a cooperative approach and establish a constructive dialogue with the Group of Experts on Darfur. However, the lack of improvement in the situation in Darfur was of concern, and the situation on the ground remained alarming. Serious violations of international humanitarian law and human rights persisted, with civilians being primary targets – especially the vulnerable populations of internally displaced persons, women, children and activists. Sudan needed to take urgent measures in that regard, to address the consequences of past violations and to bring an end to impunity.
HIROSHI MINAMI (Japan) appreciated the efforts of the Group of Experts on Darfur to complete their final report, as well as the cooperation of the Government of Sudan in that regard. However, Japan had to echo the grave concerns expressed by some previous speakers about the human rights and humanitarian situation in Darfur. The situation of Darfur had been a matter of concern for the international community for several years, and it should not forget that many people in many corners of the world had been watching the performance of the Human Rights Council in that matter. The constructive dialogue between the Group and the Government of Sudan should continue. In that regard, the Government of Sudan should further implement the recommendations reviewed in the final report. The Council, for its part, should have a consensual agreement on the follow-up report.
GUSTI AGUNG WESAKA PUJA (Indonesia) observed that progress had been made by the Government of Sudan in several respects. It was encouraging to learn that Sudan had also taken various steps to rectify the situation in Darfur. The conclusions and recommendations of the Group of Experts were noted with interest.
Indonesia called on Sudan to continue in this direction and to further efforts towards improving conditions in the country. In that connection, Indonesia asked the Group of Experts whether it considered that the strategies and policies undertaken by the Sudanese Government would be sufficient in enabling the latter to effectively meet the next series of challenges in the near future.
IDHAM MUSA MOKTAR (Malaysia) welcomed the commitment of Sudan and its cooperation with the Group of Experts on Darfur, and recognized the difficult challenges the Government faced in meeting the expectations of the international community. It was important to give time and space, and the resources and technical assistance required to move forward.
Continued engagement and support was key to improving the human rights and humanitarian conditions of the people in Darfur. The Human Rights Council should adopt a consensual approach in full consultation with Sudan. Moreover, those responsible for the Zoe’s Ark case should be held accountable for their actions.
BLAISE GODET (Switzerland) said Switzerland welcomed the good coordination that had prevailed between the Government of Sudan and the Group of Experts on Darfur, and had been pleased to learn that the process had been facilitated by a frank and constructive dialogue. That, however, did not impede Switzerland from sharing the preoccupations of the Group on the extremely limited impact of the initiatives taken by the Government towards the concrete improvement of the situation of human rights in Darfur. The excellent work of the Group should therefore continue, and its mandate should be renewed.
In its report, the Group had reiterated the need for donor countries to support the main United Nations bodies implicated in the implementation of the recommendations. It was vital to continue a policy of cooperation and of constructive dialogue within the Council, and to give due importance to the mechanisms for the reinforcement of capacity and technical assistance. The Sudanese authorities should redouble their efforts to respond to the expectations of all and apply as soon as possible the recommendations that applied to it.
JEAN-BAPTISTE MATTEI (France) thanked the Group of Experts on Darfur for their report. The report underlined that the Sudanese Government had cooperated with the Group of Experts in a satisfactory manner. However, the Group had concluded that the situation on the ground had not improved since its interim report. Clearly the task was far from finished. The Human Rights Council had to continue to work in a consensus manner to encourage Sudan to pursue its efforts. The Group of Experts should continue its evaluation work until June 2008.
NICHOLAS THORNE (United Kingdom) expressed, at the outset, the profound distress of the United Kingdom over the recent events in Algiers. Turning to the report of the Group of Experts on Darfur, the United Kingdom welcomed the report and aligned itself with the European Union statement in that regard. The potential impact of the work of the Group of Experts depended on the commitment of Sudan to work with them and to implement their recommendations. Sudan's cooperation with the Group had been a welcome step forward, but the magnitude of the abuses in Sudan should not be understated. The response of Sudan was still slow and there was a refusal to act on some recommendations.
While there had been some procedural progress, there had been little practical progress, and there had been a gross failure to address impunity or to cooperate with the International Criminal Court. Given the scale of abuses and the limited cooperation of Sudan, the recommendations of the Group of Experts to continue its mandate should be accepted.
VEBJORN HEINES (Norway) said the report of the Group of Experts was substantive, action-oriented and constructive. It built on extensive information provided by the African Union and United Nations agencies, bodies and programmes, as well as other relevant actors. It constituted a very good basis for further – and much needed – efforts to improve the human rights situation on the ground in Darfur. The Sudanese Government’s efforts to provide information, as well as to be engaged in an open and constructive dialogue with the Group, were commendable. It was, however, essential that that cooperative and constructive approach materialized in the form of effective implementation and concrete improvements on the ground. According to the report, that was still not the case.
Norway was particularly concerned about the lack of security for the civilian population as well as for those engaged in efforts to protect and assist the civilian population in Darfur. Clashes between signatories and non-signatories to the Darfur Peace Agreement, banditry and general lawlessness continued, resulting in new displacements and re-displacement of citizens. That was indeed alarming. The fighting should stop, and all parties should ensure unimpeded humanitarian access to all those in need in Darfur. Norway strongly supported the recommendation to renew the mandate of the Group in order for the Council to be able to continue the process of ensuring effective follow-up and implementation of existing resolutions and recommendations in close cooperation with the Government, and hoped such a decision could be taken by consensus.
JOAN MOSLEY (New Zealand) said the Government of Sudan had condemned violence against women, and reaffirmed a zero-tolerance policy for such crimes. But, according to United Nations agencies, the problem had persisted. On children in armed conflict, it was disturbing to read that while the Government of Sudan had reported that several laws protected children, there had been no reports of rigorous and systematic prosecution of perpetrators of violence against children. New Zealand was also deeply concern that the rights and security of humanitarian workers continued to be violated.
With regard to the report of the Group of Experts as a whole, it was highly regrettable that, despite some evidence of steps being taken by the Government of Sudan to address the situation on the ground, few of the recommendations had been fully implemented, and a significant number of recommendations had not been addressed. Moreover, with very few exceptions, there had not been an improvement of the situation of human rights in Darfur. The Government should act with much greater urgency to improve the human rights situation in the region. New Zealand supported the continuation of the mandate of the Group, and called upon the Government to continue its cooperation with the Group to ensure that all of its recommendations were implemented, in particular those prioritized for the short and medium term.
KRISTINN F. ARNASON (Iceland) fully supported the Group of Experts on Darfur and wanted to see its mandate extended. Sudanese cooperation had been acknowledged by the Group, but the report made it clear that only a few of the recommendations had been implemented.
Most importantly, the activities undertaken had not led to an improved situation in Darfur. Violence against women continued and humanitarian workers remained at risk. The Sudanese Government had the primary responsibility for the promotion and protection of human rights in Sudan. The international community also had responsibilities, and everything should be done to stop human rights violations, to assist victims and to bring perpetrators to justice.
IDRISS JAZAIRY (Algeria) said the report of the Group of Experts was presented in the context of the Council's resolution OM/1/3, and therefore called upon the Human Rights Council to respect its own decisions and put an end to the work of the Group. The Special Rapporteur on the human rights situation in the Sudan had a wider mandate which could, as indicated in the report, continue until September 2008 to oversee, in tight collaboration with the Government, the application of the recommendations. The evaluation of the implementation of the recommendations should have as a priority those with direct effect on the humanitarian situation.
The report underlined that the Sudanese Government had cooperated with the application of a number of recommendations, thus fulfilling its obligations without the support that had been promised. There should be a balanced approach to the situation in Darfur. The solution to the situation of human rights in that region did not lie in the international tutelage of Sudan, as some were advocating. It could only come following a ceasefire, and after the return of a minimum of security, which latter should be ensured by the joint United Nations-African Union force.
CAROLINE MILLAR (Australia) said that the most important function of the Human Rights Council was to act quickly and decisively when confronted with evidence of urgent human rights situations. No one doubted that Darfur fell into that category. The report of the Group of Experts made regrettably clear that, although Sudan had taken some steps, few of the recommendations had been fully implemented. More troubling was the fact that a significant number of recommendations had not yet been addressed at all by Sudan. In the report, it was observed that the situation of human rights in Darfur had not improved. Australia urged Sudan to implement fully and without further delay the report’s recommendations. Australia supported the renewal of the Group’s mandate.
WARREN W. TICHENOR (United States) shared the concerns of the Group of Experts regarding the state of human rights in Sudan. Continuing conflict in the country was causing widespread displacement and the death of non-combatants, impeding the delivery of humanitarian assistance, and threatening the peace process. Sudan was called upon to fully and without delay implement the recommendations of the Group.
It was necessary for Sudan to meet the commitments it had made in accepting the United Nations-African Union Hybrid Mission in Darfur and to provide peacekeepers with access to the land, water, flight clearances and visas necessary to carry out their mission. All parties should cease hostilities, facilitate deployment of the Mission, and refrain from attacks on peacekeepers.
ALEX VAN MEEUWEN (Belgium) thanked the Group of Experts for their high-quality report. Belgium welcomed the important work done by the Group. The time frames and clear indicators for implementation of the recommendations were a reference both for the Government of Sudan and for the international community. The Group had underlined the cooperation which it had enjoyed with the Sudanese Government, and that was a first step by the latter, especially in a context in which the international community was ready to increase its presence in the field.
Belgium regretted, however, the insufficient implementation of the majority of the recommendations. Problems such as violence against women and children, the disastrous security situation of humanitarian workers, and the problem of impunity persisted, and remained of concern. The Government of Sudan was primarily responsible for the protection and promotion of human rights in Darfur, and should guarantee justice to punish those guilty of crimes committed there. It should urgently put an end to impunity. The evaluation of the implementation of the recommendations of the international community had barely begun, and therefore the mandates of the Special Rapporteur on the situation of human rights in the Sudan and of the Group of Experts on Darfur should be extended.
CHRISTOFFER BERG (Sweden) said that Sweden recognized the efforts made by Sudan with regard to the human rights situation in Darfur. However, the picture provided by the Group of Experts in its report had underlined several outstanding issues. The United Nations and the international community should continue to engage in capacity building. Sweden was ready to play its part, but the Government of Sudan had the main work to do. The situation was worrying and the recommendations of the Group needed to be implemented by June 2008. The Council should do everything possible in order for the recommendation made by the Group of Expert to be implemented, as that Group had been mandated by consensus by the Council.
DAVID G. LITTMAN, of Association for World Education, quoted the then Secretary-General Kofi Annan, who had said in 2004 “we must never forget our collective failure … in Rwanda”. Less than four years later, "never" was again "ever". A letter from 43 non-governmental organizations of May 2006 had predicted that “the role of the new Human Rights Council will be, in part, tested by the way the Darfur conflict is faced”. The High Commissioner was called upon to do everything in its power to halt the continuing genocide in Darfur.
AMIR SULEIMAN, of International Federation of Human Rights Leagues, welcomed the report of the Group of Experts. The International Federation expressed grave concern for the human rights situation in Darfur, which remained critical in terms of the actual human rights violations still occurring, and the total impunity of perpetrators; in terms of the protection needs and the deployment of the United Nations-African Union hybrid force; and in terms of the renewed peace process. The continuation of the mandate of the Group remained of great importance in light of the critical need to address and improve the human rights situation on the ground, as that would allow an effective follow-up of the recommendations, and avoid a loss of acquired institutional knowledge and understanding of the current human rights needs in Darfur.
GIBRIEL HAMID, of United Nations Watch, said that many thought that the tragedy in Darfur began in 2003, but that was not the case. As early as 1989, gunmen had attacked a village. Since 2003, Darfur had been known as the worst humanitarian catastrophe. Diplomatic efforts had failed to stop the crimes of the Sudanese Government. The victims of Darfur had hoped that the Human Rights Council would give them a voice and make a difference in their lives. Yet, the genocide continued and it seemed that all the Council did was to ask for more reports. More reports were not needed; action was needed.
PATRIZIA SCANNELLA, of Amnesty International, said the report of the Group of Experts offered a stark and timely reminder that the Human Rights Council should continue to monitor the human rights situation in Darfur, and should urge the Government of Sudan to implement all recommendations made by the United Nations human rights bodies on Darfur. Since convening a special session on Darfur in December 2006, the Council had expressed its serious concern about the human rights situation in Darfur, yet the report of the Group of Experts pointed out that Sudan had, with very few exceptions, failed to implement the recommendations.
LUKAS MACHON, of International Commission of Jurists, said the final report of the Group of Experts on Darfur, assessing the progress of the implementation of the short and medium-term recommendations, regrettably indicated that most of the requested measures had not been met. Despite the Government’s constructive engagement with the Group, there had been no visible improvement in the human rights crisis on the ground. The ongoing gross human rights violations, the grave breaches of international humanitarian law through violence and sexual abuse against civilians, had been exacerbated by impunity for crimes, which continued to destabilize Darfur. The Council should urge the Sudanese Government to comply fully with the Group of Experts and with the Special Rapporteur on the human rights situation in Sudan when addressing the violations of the human rights of civilians.
SEBASTIEN GILLIOS, of Human Rights Watch, said that the situation in Darfur remained dire. Banditry and violence against humanitarian aid workers and their convoys had surged. For the vast majority of recommendations made by the Group of Experts, only preliminary actions had been undertaken with little or no tangible impact. Among key concerns was the fact that Sudan had not prevented attacks on civilians, and that sexual violence was still prevalent in Darfur. The Sudanese Government had also refused to cooperate with the International Criminal Court. It was important to recognize that the approach taken by the Group of Experts represented a new model of engagement and had showed the benefit of constructive dialogue, but it was critical to support and extend its mandate. The Human Rights Council was urged to call on Sudan to fully implement all the recommendations.
ABLA MAHDI ALD ELMANIEM, of Hawa Society for Women, hoped that the Human Rights Council would consider carefully the clear violation of human rights and the rights of the child in Sudan and Chad. The children smuggled to France by Zoe’s Ark without their parents’ knowledge or permission should be returned to their families and the perpetrators punished for that serious crime. The issue of human rights should not be used as a weapon against Sudan.
JEREMIE SMITH, of Cairo Institute for Human Rights Studies, said the work of the Group of Experts on Darfur had been of the utmost quality and integrity, and represented one of the most valuable outcomes of the Human Rights Council. Out of the 46 United Nations human rights recommendations monitored by the Group, only 4 had been substantially implemented by Sudan. Despite this lack of progress and serious commitment by the Government, the recommendations and monitoring activities of the Group had proven useful in mobilizing the Government to begin the process of addressing certain aspects of human rights violations through legal and regulatory reform. The mandate of the Group should be preserved as an independent mandate – subsuming it into the country mandate would greatly weaken the ability of both to operate effectively.
ZOUSIF EL TAYEB EL NOUR, of African-American Society For Humanitarian Aid and Development, said that the participation of civil society of Sudan, in monitoring the situation in Darfur, was an indispensable contribution. The international community should also help all parties to respect human rights in Sudan. Without a serious non-biased intervention from the international community in helping the warring parties in Sudan to put an end to the conflict, further clashes were inescapable. It should be noted that civil society had received negligible, if any, assistance from the international community to fulfil its vital role. The conditions for the full resolution of the conflict were not in place now.
CARLY MEISAL, of Consultative Council of Jewish Organizations, repeated that "mass killings, massacres, summary executions, rape and sexual violence, and torture" had been noted as much as three years ago by the International Commission of Inquiry into Darfur. Now was the time for immediate, decisive international action. The Human Rights Council should ensure the mandate of the Group of Experts to continue to contribute to efforts to bring about a peaceful resolution to the conflict, with the support of all parties and the immediate implementation of their recommendations.
Concluding Remarks by Members of the Expert Group on Darfur
MANFRED NOWAK, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, responding to the surprise expressed by some delegations in the face of the Group of Experts silence on the Ark of Zoe situation, explained that the Group of Experts' mandate was very limited, and extended narrowly to the human rights situation in Darfur. With regard to the question asked by Indonesia, as to whether the Group considered the strategies and policies enforced so far by the Government were sufficient, he referred the speakers to the conclusions, in which it was stated that a very constructive dialogue had taken place with the Government.
HINA JILANI, Special Representative of the Secretary-General on the situation of human rights defenders, said, on the issue of the protection of women against violence and the situation of human rights defenders, that the situation of women was so significant and the problem so serious that there had been many recommendations put forward for implementation. Although some of the steps that had been taken in this area had been welcomed, those had been only initial steps, and as yet no significant impact had been seen on the ground. On human rights defenders, the situation remained even more serious, as there had been no evidence that any concrete measures had been undertaken to implement the recommendations to protect them and facilitate their work. There was concern about the ability of human rights defenders to enter the country and monitor the situation. There were also constraints on freedom of association, and more information on this matter was required.
PHILIP ALSTON, Special Rapporteur on extrajudicial, summary or arbitrary executions, said the bottom line was the need for the Council both to acknowledge the cooperation by the Sudanese Government, and that there were still ongoing grave problems. That the position of the Group of Experts and the Special Rapporteur on the human rights situation in Sudan were interchangeable was a grave error, as they had entirely different mandates and scope for their work.
The Group of Experts clearly deplored the situation with regard to Zoe’s Ark, and welcomed that it was being dealt with by the authorities of the country concerned. On violence against children and humanitarian workers, it should be borne in mind that in September there had been 40 cases of sexually transmitted diseases reported in children under five, and with regard to humanitarian workers, 118 staff had been taken hostage this year, more than 59 physically or sexually assaulted, and 12 killed.
SIMA SIMAR, Special Rapporteur on the situation of human rights in Sudan, said that, while the Group of Experts did acknowledge the cooperation of the Government and its transparent manner, the responsibility for the protection of human rights was the prime responsibility of the Government. The United Nations and the international community, as individuals, also had the duty to protect every human being from violations of their human rights, and should therefore support the people of Darfur and the Government in its efforts to stop the human rights violations. There was no military solution to the situation - there should be a political solution, and all should work towards that end, which would not be reached without accountability and justice.
Right of Reply
OMER DAHAB FADOL MOHAMMED (Sudan), speaking in right of reply, noted that, in its statement, the United Kingdom had said that 270,000 of the displaced persons in Darfur had been displaced in December 2007. That was inaccurate. The figures that Sudan had provided in its statement showed that 400,000 displaced people had returned to their villages in Darfur, and that was the precise figure. That was on top of 125,000 refugees from Chad that had returned to Sudan. The return process had begun in 2006, but had expanded in 2007.
Sudan also had questions to ask the Expert from the Human Rights Council, and would like to know how many of the members of the Group of Experts had attended the meeting that was held with the Inter-Governmental High Level Group at the request of the Group in July 2007; and whether the fact that there was no absolute majority had an impact on the objectiveness of the report. Sudan had provided its written replies within the deadline, and asked why they had not been published and disseminated.
Documents on Situation of Human Rights in Myanmar
The Council has before it the Report of the Special Rapporteur on the situation of human rights in Myanmar, Paulo Sérgio Pinheiro, mandated by resolution S-5/1 adopted by the Human Rights Council at its 5th Special Session (A/HRC/6/14), which contains findings gathered by the Special Rapporteur prior to and during his official mission to Myanmar, undertaken from 11 to 15 November 2007, and presents a number of recommendations to address the human rights situation there. In particular, the report focuses on the tragic events that took place in Myanmar from 26 to 29 September 2007, when the security forces, including the army and riot police, used excessive force against civilians. The use of lethal force by law enforcement officials during that period in Myanmar "was inconsistent with the fundamental principles reflected in the basic international norms deriving from international customary law", the Special Rapporteur concludes.
The Government has acknowledged the death of 15 people during the demonstrations, but the figure provided by the authorities "may greatly underestimate the reality", according to the report. Regarding the use of non-law enforcement officials in the crackdowns, the participation of Union Solidarity and Development Association (USDA) members and Swan Ah Shin (SAS) militia largely contributed to the excessive use of force against the peaceful protesters. It is estimated that between 3,000 and 4,000 people were arrested in September and October, and between 500 and 1,000 are still detained. In addition, 1,150 political prisoners held prior to the protests have not been released. In that connection, the Special Rapporteur expresses particular concern about the numerous accounts of the use of large capacity informal detention centres which are regarded as ‘secret’ facilities. Moreover, the Special Rapporteur notes with grave concern the long-standing use of arbitrary detention by the authorities against prisoners of conscience including Daw Aung San Suu Kyi. It has been confirmed that the release of many detainees to date has been conditional on their signing an agreement to refrain from further political activity. The practice of torture in Myanmar has been documented by various observers, including by the Special Rapporteur, for the last seven years, and reports have confirmed appalling detention conditions which fail to meet international standards and in fact constitute cruel, inhuman and degrading treatment.
The Special Rapporteur shares a list of names of 653 persons detained, 74 persons disappeared and 16 killed (in addition to the list of 15 dead provided by the authorities) with the Government of Myanmar for comments. He concludes that the right to freedom of expression and the right to peaceful assembly have yet to be fully guaranteed. The events also reveal that decades of denial of basic civil and political rights have compromised the standard of living of the population. While praising the decision by the Government to authorize him to visit Myanmar, the Special Rapporteur did not find significant signs that the Government is implementing the substantive demands set out in Council resolution S-5/1.
The report concludes with a number of concrete recommendations, including for immediate measures to secure the physical and psychological integrity of all persons in custody; to reveal the whereabouts of people who are still detained or missing; to release unconditionally all persons who have been taken into custody for peaceful assembly or the peaceful expression of their political beliefs; to conduct an independent and thorough investigation into the killings, severe beatings, hostage-taking, torture and disappearances; to bring the perpetrators of human rights violations to justice and to provide the victims and their families with effective remedies; and to invite an international commission of inquiry or fact-finding mission to investigate in a more comprehensive manner the recent events.
The Council has before it the note verbale dated 9 December 2007 from the Permanent Mission of Myanmar to the United Nations Office and other international organizations in Geneva addressed to the secretariat of the Human Rights Council (A/HRC/6/14), transmitting the comments of Myanmar on the report of the Special Rapporteur before the Council. Referring to the protests, the comments stress that the Myanmar Government "exercised utmost restraint and was very careful in dealing with the situation". It was the protestors who "provoked the security details to create riots" and who "took advantage" of the restraint shown by the law enforcement officials. In particular the international media and "certain western countries" are charged with having "used situation as pretexts to paint the Government in the image of a callous and repressive Government, unwittingly inciting more violence inside the country, at the same time pushing the protests in the direction of large-scale social uprising which will constitute a strong justification for intervention". The Government concludes that the report of the Special Rapporteur "is replete with unfounded allegations based on unreliable sources and hearsay provided by dissidents and oppositions" and then goes on to address, point by point, information set out in the report.
Presentation of Report of Special Rapporteur on Human Rights Situation in Myanmar
PAULO SERGIO PINHEIRO, Special Rapporteur on the situation of human rights in Myanmar, introducing his report, expressed his gratitude to the Government of Myanmar for its hospitality during his visit in November 2007. During his five days' stay, he had been able to meet with several Ministers and government officials, representatives of the diplomatic corps and international non-governmental organizations. He had been authorized to hold one-on-one meetings in Insein prison with some political prisoners. He regretted not having been able to meet with Daw Aung San Suu Kyi, but had been reassured that that option would remain on the agenda of his follow-up mission.
Mr. Pinheiro noted that his report contained his preliminary findings gathered prior and during his official mission. His mission, however, could not be considered as a full-fledged fact-finding mission, which would have required independent access to all places and people enabling him to verify the information collected. His visit was an initial part of a process and he stood ready to conduct a follow-up mission at earliest convenience. The authorities had expressed willingness for his return.
Mr. Pinheiro noted that, in his opinion, security forces had used excessive force against civilians. The crackdowns had been a military response and it was difficult to clearly identify the chain of command that had led to those events. These serious abuses might constitute international crimes and could invoke individual criminal responsibility. He also continued to receive reports alleging arrests and release of people. An estimated 3,000 to 4,000 people had been arrested in September and October, most of them charged under the criminal code for terrorism, while others were still under investigation. A week after his visit, 58 prisoners had been released for humanitarian reasons, according to the Government.
In his report, Mr. Pinheiro called on the Government to urgently release unconditionally all persons detained. Reports from released detainees gave the impression that the detainees had undergone harsh conditions during their interrogation phase. The level of violence and insults against monks and monasteries were particularly shocking. No specific signs were found that the Government of Myanmar was implementing the Human Rights Council resolution S-5/1. The persecution of members of political parties in the opposition and human rights defenders showed that nowadays the seven-step road map for democracy faced many obstacles to bring a genuine transition. The incidents reported also demonstrated the vulnerability of the economic and social foundations of Myanmar’s society. The Government was urged to repeal or amend old laws and regulations in accordance with international human rights standards in relation to the right to peaceful assembly, the right to freedom of expression, freedom of movement and all maters related to criminal, penal procedures and prison regulations.
Statement by Concerned Country
WUNNA MAUNG LWIN (Myanmar), speaking as a concerned country, said that it had cooperated with the Human Rights Council in a spirit of goodwill and sincerity. However, it was disappointing that the report did not reflect the true situation on the ground and lacked objectivity and impartiality. Constructive dialogue and genuine cooperation were the cornerstones for enhancing the promotion and protection of human rights. There had been many positive developments, and the Special Rapporteur had seen that peace and stability had been restored.
The report attempted to intrude into the internal affairs of Myanmar by criticizing the efforts of the Government to restore law and order and to maintain peace and stability. Myanmar had issued comments on the 17 recommendations for immediate and transitional measures in the report, and it was necessary to reiterate that Myanmar had fully cooperated with the Council. Putting on pressure to politicize the situation could be counter-productive, and condemning, naming, shaming and blaming would not help to improve the situation.
For use of the information media; not an official record
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