COUNCIL REVIEWS MANDATE OF SPECIAL RAPPORTEUR ON RACISM, HOLDS INTERACTIVE DIALOGUE WITH EXPERT ON DEMOCRATIC REPUBLIC OF CONGO
The Human Rights Council today heard the presentation of the report of the Ad Hoc Committee on the elaboration of complementary standards; reviewed the mandate of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance; and held an interactive dialogue with the Independent Expert on the situation of human rights in the Democratic Republic of the Congo.
Idriss Jazairy, Chairperson-Rapporteur of the Ad Hoc Committee on the Elaboration of Complementary Standards, presented the report of the Ad Hoc Committee on the first part of its first session, held from 11 to 21 February 2008. During that session, the Ad Hoc Committee had reviewed the Conclusions and Recommendations on Complementary Standards adopted by consensus by the Intergovernmental Working Group and intended for submission to the Preparatory Committee to the Durban Review Conference. The Ad Hoc Committee would hold the second part of its first session in 2008 at a date still to be determined. While disagreements had not been overcome on whether substantial protection gaps needed to be addressed through complementary standards, the expectation was that concrete proposals should be drawn up by interested parties and discussed informally by Member States during the interim period, with a view to achieving the broadest possible margin of agreement.
The President of the Council said the interactive debate on the report of the Ad Hoc Committee on the Elaboration of Complementary Standards would be held on Tuesday, 25 March.
Egypt, on behalf of the African Group, introducing the mandate of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, said the mandate had and continued to address the daily plight of hundreds of millions of people across the world who were victims of the scourge of racism and its various manifestations. The current Special Rapporteur, Doudou Diene, had made an immense contribution to the global fight against racism through the adoption of a multifaceted comprehensive approach to his mandate. Despite ongoing efforts and a number of positive developments, racism and racial discrimination continued to be among the main sources of violations of human rights impacting the lives of billions people on a daily basis. The African Group urged countries to renew and fully support the mandate of the Special Rapporteur on racism.
Doudou Diene, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, said that the mandate focused on contemporary forms of racism, which was used by a number of countries in order to level criticisms. No form of racism was actually recent. Every manifestation of racism hinged upon a long historical construct. One must bear in mind this history when considering the mandate. There was a growing complexity with the concept of racism, which was very difficult to define. When one looked at what the concept of racism encompassed, it was necessary to think about the many manifestations of racism that affected entire communities. Given the rise of amalgamating different factors, there was a need to review the mandate.
In the interactive dialogue on the review of the mandate of the Special Rapporteur on racism, overwhelming support was extended to the renewal of the mandate of the Special Rapporteur. Speakers said one of the main challenges impeding the effective fulfilment of the mandate of the Special Rapporteur lay in weak legislation and the absence of appropriate strategies and policies at the national level, and sometimes at the regional level, to tackle racism and racial discrimination. Some speakers said that all had to understand that the right to freedom of expression had its limit when it was used to express racism. Delegations called for the strengthening of the mandate. Some expressed concern about including religious discrimination in the work of the Special Rapporteur.
Speaking in the interactive dialogue were Slovenia on behalf of the European Union, Pakistan on behalf of the Organization of the Islamic Conference, Switzerland, the Russian Federation, Azerbaijan, Senegal, India, Turkey, Algeria and Kenya.
The following non-governmental organizations also took the floor: Becket Fund, the International Network for the Prevention of Elder Abuse, the Comision Juridica para el Autodesarrollo de los Peublos Originarios Andinos, United Nations Watch, the Islamic Human Rights Commission and the International Movement Against All Forms of Discrimination and Racism.
Titinga Frederic Pacere, Independent Expert on the situation of human rights in the Democratic Republic of the Congo, presenting his report, said that since his last presentation, he had visited the Democratic Republic of the Congo on two occasions, at the end of November and the beginning of December 2007, and more recently, in January 2008. The human rights situation in the Democratic Republic of the Congo continued to be very worrisome. Serious and repeated criminal acts and violations including arbitrary executions, rapes, torture and ill-treatment, in particular in the east of the country and in the Lower Congo, remained every day occurrences. Those acts were perpetrated by all the forces on the ground – the armed forces, the police forces and other armed groups – who were acting in a climate of impunity. On a positive note, Mr. Pacere said that, from 6 to 24 January, a conference on peace security and development for the Provinces of North and South Kivu had been held by President Kabila.
The Democratic Republic of the Congo, speaking as a concerned country, said that the Independent Expert had recently conducted two visits to the country. The report simply highlighted a few cases of human rights violations instead of giving concrete recommendations. The need for technical and financial assistance was underscored. The Government through its technical ministry had submitted a number of projects to the local Office of the High Commissioner for Human Rights. These projects had not retained the attention of the Independent Expert. The Democratic Republic of the Congo was doing everything in order to improve the human rights situation which had already improved since the end of the conflict. The Democratic Republic of the Congo had made several improvements inside its political institutions. The allegations about the non-independence of the magistrate were without substance. Regarding the various cases pertaining to women and children, the Government was determined to bring to a halt sexual violence.
In the interactive dialogue, speakers commended the Democratic Republic of the Congo for extending significant cooperation to the Independent Expert. Many delegations said they were very worried about the human rights violations in the country, especially the increasing acts of sexual violence and the situation of the internally displaced persons in the east of the country. The violations included extrajudicial killings, rape, torture and ill-treatment, all of which were carried out in an atmosphere of impunity despite major justice and police reforms. The international community had an obligation to encourage the Democratic Republic of the Congo to create the foundations for a lasting peace, and to extend more financial and technical assistance.
Speaking in the interactive dialogue with the Independent Expert on the situation of human rights in the Democratic Republic of the Congo were Slovenia on behalf of the European Union, the United States, Canada, Tunisia, Belgium and Algeria.
The following non-governmental organizations also took the floor: International Commission of Jurists and Pax Romana.
The Council today is holding three back-to-back meetings from 9 a.m. to 6 p.m. When the Council starts its afternoon meeting at 3 p.m., it will hold an interactive dialogue with the Special Representative of the Secretary-General for human rights in Cambodia and the Independent Expert on the situation of human rights in Liberia.
Presentation of Report of Ad Hoc Committee on the Elaboration on Complementary Standards
IDRISS JAZAIRY, Chairperson-Rapporteur of the Ad Hoc Committee on the Elaboration of Complementary Standards, presented the report of the Ad Hoc Committee on the first part of its first session, held from 11 to 21 February 2008, and attended by representatives of Member States, regional groups, national institutions, United Nations specialized agencies, intergovernmental and non-governmental organizations. During that session, the Ad Hoc Committee had reviewed the Conclusions and Recommendations on Complementary Standards adopted by consensus by the Intergovernmental Working Group and intended for submission to the Preparatory Committee to the Durban Review Conference. In particular, the Ad Hoc Committee considered the study by the five experts entitled "Report of the study by five experts on the content and scope of substantive gaps in the existing international instruments to combat racism, racial discrimination, xenophobia and related intolerance" (see A/HRC/4/WG.3/6) and the study by the Committee on the Elimination of Racial Discrimination on "Possible measures to strengthen implementation through optional recommendations or the update of monitoring procedures" (see A/HRC/4/WG.3/7).
Mr. Jazairy said that, while considering the Study by the Five Experts, the Ad Hoc Committee had discussed the categories of victims and the various phenomena of racism as examined in the study. The categories examined were: religious groups; refugees; asylum-seekers; stateless persons; descent-based communities; indigenous peoples; minorities; and people under foreign occupation. The phenomena examined were multiple discrimination or aggravated forms of racial discrimination; ethnic cleansing; genocide; religious intolerance and defamation of religious symbols; racial discrimination in the private sphere; and incitement to racial hatred and dissemination of hate speech and xenophobic and caricature pictures, through traditional mass media and information technology, including the Internet. The Committee considered the conclusion reached by the Five Experts, particularly regarding the existence of a normative gap in the area of human rights education, as well as their recommendation that a convention on human rights education be adopted. In that regard, the Committee recalled that, in its resolution 6/10, the Council had requested the Human Rights Council Advisory Committee to prepare a draft declaration on human rights education and training.
The Ad Hoc Committee recommended to the Council to refer back to the Committee on the Elimination of Racial Discrimination’s proposals regarding the elaboration of an optional protocol as contained in that Committee's study on the subject. The Ad Hoc Committee expressed its readiness to further review any position and/or clarification relating to those proposals included in those suggested protocols, as the Committee on the Elimination of Racial Discrimination remained the most competent body to make suggestions to the Ad Hoc Committee regarding elaboration of measures to improve the effectiveness of its procedures. However, the Ad Hoc Committee was the appropriate body to elaborate complementary standards on the substance of issues relating to racism, racial discrimination, xenophobia and all forms of discrimination. The Ad Hoc Committee would hold the second part of its first session in 2008 at a date still to be determined. While disagreements had not been overcome on whether substantial protection gaps needed to be addressed through complementary standards, the expectation was that concrete proposals should be drawn up by interested parties and discussed informally by Member States during the interim period, with a view to achieving the broadest possible margin of agreement, Mr. Jazairy concluded.
Review, Rationalization and Improvement of Mandate of Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination and Xenophobia
OMAR SHALABY (Egypt), speaking on behalf of the African Group, introducing the mandate, said that since its establishment via resolution 1993/20 of the Commission on Human Rights, the mandate of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance had been one of the most instrumental mandates to the work of the former Commission and the present Council. The mandate had and continued to address the daily plight of hundreds of millions of people across the world who were victims of the scourge of racism and its various manifestations. The rationale for the creation of the mandate was made clear in the resolution. The scourges of racism and racial discrimination were continually assuming new forms thus requiring a periodic re-examination of the methods used to combat them.
As of its fifteenth session held in 1994, the Commission on Human Rights gave more specific guidance to the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance in carrying out his mandate. This included a more thorough examination of incidents of contemporary forms of racism and any form of discrimination against people of African descent, Arabs and Muslims, xenophobia, Negrophobia, anti-Semitism and related intolerance. The mandate-holder also had to exchange views with the relevant mechanisms and treaty bodies with the United Nations system. A key feature of the work of the Special Rapporteur had been the ability to conduct country visits to assess the situation firsthand. Those visits had numbered more than 25 since the creation of the mandate and had been instrumental to the fulfilment of the mandate of the Special Rapporteur.
The African Group said that the current Special Rapporteur, Doudou Diene, had made an immense contribution to the global fight against racism through the adoption of a multifaceted comprehensive approach to his mandate. His many reports to the Commission of Human Rights, Human Rights Council and the General Assembly deepened the understanding of racist phenomena and the required strategies and measures necessary for their elimination, including legal, moral, educational and practical strategies. The Government expressed its concern at the lack of political will to combat racism and the weak legislation and absence of appropriate strategies and policies at the national level to tackle racism and racial discrimination. Moreover, the persistence of impunity for acts of racism could not strengthen more the rationale for renewing the mandate of the Special Rapporteur. Despite ongoing efforts and a number of positive developments, racism and racial discrimination continued to be among the main sources of violations of human rights impacting the lives of billions of people on a daily basis. The African Group therefore urged countries to renew and fully support the mandate of the Special Rapporteur on racism.
DOUDOU DIENE, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, said that one must look at the challenges faced by the Special Rapporteur in discharging his mandate. The mandate focused on contemporary forms of racism, which was used by a number of countries in order to level criticisms. No form of racism was actually recent. Every manifestation of racism hinged upon a long historical construct. One must bear in mind this history when considering the mandate. There was a growing complexity with the concept of racism, which was very difficult to define.
When one looked at what the concept of racism encompassed, it was necessary to think about the many manifestations of racism that affected entire communities, Mr. Diene stated. Another complexity stemmed from the interpretation given after 11 September 2001. After this date, the international community began living in a new context with an emergence of a new pattern of discrimination. Entire communities were being singled out as being possible terrorists. In the practice of many governments, and in the mass media, it was evident that racism persisted. Given the rise of amalgamating different factors, there was a need to review the mandate. It was clear that racism was like a fetus which was reborn out of its ashes. There was a need for political will to combat racism.
ZIVA NENDL (Slovenia), speaking on behalf of the European Union, said that the European Union had as one of its fundamental founding principles the fact that all men and women were born free and equal in dignity and rights. Racism, racial discrimination, xenophobia and related intolerance undermined that principle and were a challenge that the European Union was fully determined to tackle. One of the main challenges impeding the effective fulfilment of the mandate of the Special Rapporteur on contemporary forms of racism often lay in weak legislation and the absence of appropriate strategies and policies at the national level – and indeed sometimes at the regional level – to tackle racism and racial discrimination. For that reason, the European Union favoured inclusion in the racism mandate of a provision for the mandate holder to promote the establishment of national mechanisms and regional bodies which combated racism, racial discrimination, xenophobia and related intolerance.
The European Union was pleased that the current mandate holder had recently taken the initiative to issue a press release expressing concern regarding the post-election situation in Kenya – an initiative to which 13 other mandate holders had subscribed. The mandate on racism should include early warning and prevention functions, including cooperation with the relevant United Nations bodies and mechanisms, for situations where the development of racial discrimination might lead to violent conflict and even genocide. The European Union also saw a role for the Special Rapporteur in contributing to a better understanding of the situation of victims suffering from multiple or aggravated forms of disarmament. The European Union hoped that the mandate would be renewed with the full support of the Council.
IMRAN AHMED SIDDIQUI (Pakistan), speaking on behalf of the Organization of the Islamic Conference (OIC), said that the OIC attached great importance to this mandate. The work of the Special Rapporteur in the last six years had clearly demonstrated the persistence of this regrettable phenomenon in many parts of the world. The unfortunate reality was that the world was now faced with additional and new manifestations of racism. As mentioned by the Special Rapporteur, the erosion of political will to combat racism and xenophobia, the growing political trivialization of racism and xenophobia, and the intellectual legitimization of racist and xenophobic discourse posed serious threats to democracy and the coexistence of all societies. Unfortunately, the extremist elements which promoted these trends sought legitimacy by abusing the right of freedom of expression and political association. All States must understand and institute legitimate limitations on the exercise of the right to freedom of expression to counter the racist and xenophobic agenda. The OIC strongly supported the renewal of the mandate.
ANH THU DUONG (Switzerland) said Switzerland believed it was important that the mandate of the Special Rapporteur was extended by the Council. Considering that racial discrimination persisted today, the fight against racism was a priority of Switzerland which had drafted a number of strategies and projects in that regard. Measures had been taken with civil society to fight this scourge. Racism was a universal problem for which there must be a clearly defined universal mandate to improve the Special Rapporteur’s work. The fight against this scourge required the strengthening of this mandate.
SERGEY KONDRATIEF (Russian Federation) said that the Russian Federation was pleased with the existing format of the mandate of the Special Rapporteur on contemporary forms of racism and was interested in continuing constructive cooperation with that mandate. However, Russia believed that the Special Rapporteur should focus his work on problems of the contemporary world and not get involved in unnecessary historical discourses. On that basis, Russia supported the continuation of the mandate.
MAMMAD TALIBOV (Azerbaijan) said that the mandate was not an easy one. It had undergone certain transformations since its creation. Unfortunately, the subject was still relevant in today’s world as racism and racial discrimination continued to claim victims. The trends were extremely dangerous and worrying.
CHEIKH TIDIANE THIAM (Senegal) said Senegal believed the Special Rapporteur would mark the activities of the Human Rights Council by his relevant work and exemplary and multi disciplinary approach to his mandate, taking into consideration the historical context of the issues. Contemporary forms of racism and racial discrimination faced the world today. There was a need to ensure that light was shed on the invisible forms and manifestations of racism. The international community had to update its views in advance of the Durban Review Conference. There was a need to maintain the mandate by renewing it.
RAJIV KUMAR CHANDER (India) said the Special Rapporteur had specifically mentioned India's position on the scope of the mandate, and India reiterated its position that discrimination on the basis of caste was not within the mandate. India invited the Special Rapporteur to review India's arguments put forward on that position. India would like to continue the mandate, keeping in view its position.
ALI ONANER (Turkey) said that racism continued to challenge the exercise of most fundamental human rights. It was threatening the fabric of all societies. In some parts of the world, racist ideas were gaining additional ground or even legitimacy in political platforms. Equality and non-discrimination were fundamental principles. The mandate thus bore significant importance for States and for individuals. Turkey was fully committed to contribute to the ideal of the universal eradication of racism.
MOHAMMED BESSEDIK (Algeria) said Algeria was of the view that the work of the Special Rapporteur should continue and favoured that the mandate be maintained. Much still remained to be done despite progress made. There was a revival of this scourge and political involvement. Clarification was needed with regard to some of the concepts of the mandate. The mandate should be extended and, in particular, Algeria would like to see a distinction made between freedom of religion and conviction and the promotion of that right.
JEANNETTE MWANGI (Kenya) said that Kenya aligned itself with the statement made by Egypt on behalf of the African Group. Kenya expressed its appreciation to the Special Rapporteur on the contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Doudou Diene, for the work he had undertaken since his appointment and his efforts to combat racism, racial discrimination, xenophobia and related intolerance. Kenya was cognizant of the crucial importance of the mandate as an early warning mechanism to prevent racism, ethnic or religious prejudice, intolerance and hatred, including preventing incitement to racial, ethnic or religious hatred, which, if unchecked, could lead to a spiral of unprecedented levels of inter-ethnic violence. Due to recent events in Kenya over the past two months, the effects of negative ethnicity in the political process were all too fresh in their minds. As part of the implementation of the concluded National Accord and Reconciliation Agreement, Kenya's Parliament was currently debating a crucial Ethnic Relations Commission Bill in order to promote, inter alia, inter-ethnic tolerance and co-existence. Kenya fully supported the renewal of the mandate.
LINDSAY GRAHAM, of Becket Fund for Religious Liberty, said that this mandate was extremely important. The fight against racism was at the core of recognizing the dignity of others. However, the inclusion of religious discrimination in the mandate was of concern. Religious discrimination was a very serious problem, but there was a difference between racism and religious discrimination. Race could not be changed but religion was influenced by the context of birth and what one believed was subject to change and maturation. Thus, the issue of religious discrimination should be excluded from the mandate.
SUSAN SOMERS, of International Network for the Prevention of Elder Abuse (INPEA), called the attention of the Human Rights Council to the urgent need to designate a high priority to the recognition and protection of the human rights of older persons. Older persons were marginalized, seen as burdens and they and their rights were largely invisible within societies. In many societies, older persons suffered from the decriminalization of Ageism and were targets of social and economic discrimination based on racial and religious grounds. The International Network called on the Human Rights Council to declare that older persons had the right to live a life in security and dignity free from abuse and discrimination and to appoint a Special Rapporteur on the question of abuse of older persons.
TOMAS ALARCON, of Comisión Jurídica para el Autodesarollo de los Pueblos Originarios Andinos (CAPAJ), expressed solidarity with those delegations who had spoken in favour of renewing the mandate of the Special Rapporteur on racism and to extending it to certain areas that required further work, as outlined by the Special Rapporteur. There were many victims of racism as a result of colonialism, and history which was propagated by colonial views. The Special Rapporteur should be authorized to gather information on the real history of such people and to report on them, with a view to combating the existing beliefs.
ROZ ROTHSTEIN, of United Nations Watch, said that what had once begun with racist words had ended with genocide. The United Nations and the Human Rights Commission had been created to prevent such evil from ever happening again. Sadly ant-Semitism continued to exist. There were many examples; Iran’s President actively promoted holocaust denial, Hamas and Hezbollah were systematically promoting the same kind of genocidal anti-Semitism. Organizations were doing vital work to educate against hatred. But the United Nations had to do more to fight words that killed.
KARIN LINDAHL, of the Islamic Human Rights Commission, said when considering the mandate, the Human Rights Council should take into account that racism and intolerance continued to pose a grave threat to modern society. This was a phenomenon no longer confined to extreme right parties but it had permeated mainstream politics. The work of the Special Rapporteur was extremely important and the Islamic Human Rights Commission urged the Council to renew and strengthen the mandate accordingly.
SUMIE ORASAWARA, of the International Movement Against All Forms of Discrimination and Racism, said that combating discrimination and racism was a vital task in the promotion and protection of human rights. The Special Rapporteur on racism, Doudou Diene, had guided that difficult process with his excellent work for six years, addressing the widely ranged manifestations of racism, racial discrimination and xenophobia, including discrimination based on descent, with a profound and comprehensive manner. Today, the international community stood at an important stage, eyeing the Durban Review Conference next year as well as the fortieth anniversary of the enforcement of the International Convention on the Elimination of All Forms of Racial Discrimination. The International Movement expected that this mandate would continue to provide a valuable contribution to the efforts for the elimination of racial discrimination. The Human Rights Council was urged to renew and strengthen the mandate.
DOUDOU DIENE, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, in concluding remarks said that in renewing the mandate, the Council had to look at the possible links with other mandates, such as the Independent Expert on Minority Issues, in order to avoid duplication. Also, the fight against racism had to happen on a global scale with all the involved institutions. The collaboration with the Committee on the Elimination of Racial Discrimination was very important. Each time he had visited a country he had been able to share information with them. This collaboration should be formalized. Also, the problem of the follow-up of recommendations should be addressed, because it was frustrating for a Special Rapporteur when his recommendations were not implemented.
OMAR SHALABY (Egypt), in concluding remarks, on behalf of the African Group, thanked the Special Rapporteur for his insightful contributions and the delegations who demonstrated support for the continuation of the mandate. The issue of racism and racial discrimination was a complex one and it was of a cross cutting nature. The Human Rights Council was treating this issue seriously in the context of the proposed resolution. Minimizing certain racist practices only reflected the erosion of political will that prevailed vis a vis these practices, as noted by the Special Rapporteur. The fact that this had remained static since 11 September 2001 was not helpful. The African Group hoped that action would follow words in a show of unity of the international community in combating racism.
Document
The Council has before it the report of the Independent Expert appointed by the Secretary-General on the situation of human rights in the Democratic Republic of the Congo, Titinga Frederic Pacere (A/HRC/7/25). [Currently available in French only.]
Introduction of Report by Special Rapporteur on the Situation of Human Rights in the Democratic Republic of the Congo
TITINGA FREDERIC PACERE, Independent Expert on the situation of human rights in the Democratic Republic of the Congo, presenting his report, said that since his last presentation, he had visited the Democratic Republic of the Congo on two occasions, at the end of November and the beginning of December 2007, and more recently, in January 2008. The human rights situation in the Democratic Republic of the Congo continued to be very worrisome. Serious and repeated criminal acts and violations including arbitrary executions, rapes, torture and ill-treatment, in particular in the east of the country and in the Lower Congo, remained every day occurrences. Those acts were perpetrated by all the forces on the ground – the armed forces, the police forces and other armed groups – who were acting in a climate of impunity.
On a positive note, Mr. Pacere said that, from 6 to 24 January, a conference on peace security and development for the Provinces of North and South Kivu had been held by President Kabila. On 23 January 2008 participants had signed an act of commitment in the presence of the Head of State. The Independent Expert congratulated the Government and those who had attended for engaging in that dialogue. Nevertheless he was deeply concerned about reports that the situation in the Lower Congo continued to deteriorate. Last year, conflicts between the security forces and political-religious groups there had given rise to a large number of deaths and injured. Impunity remained the background and part of the scenario supporting criminality in the Democratic Republic of the Congo. Despite the elections, not much had been seen in the area of reparative justice. Moreover, the absence of sanctions and the promotion of those who had committed human rights violations to high ranks in the army were presenting problems of credibility in the State's ability to deliver on justice and human rights. He had strongly recommended that a vetting mechanism had to be put in place by the Congolese Government, one that would allow the Government to immediately remove officers implicated in violations and allow for them to be brought to justice. One incident that had shown the sensitive social situation concerned the Appeals Court in Kisangi, which had acquitted the former chief of the military police in Ituri, as well as one of his subordinates. That recourse to an amnesty law by Congolese courts for cases involving mass killings had given rise to a very serious problem in public opinion.
Mr. Pacere said there was an imminent deployment of a mapping team in the Democratic Republic of the Congo, which would be of fundamental importance to the Government to draft a strategy of transitional justice. Other important areas looked at in the report included sexual violence and economic, social and cultural rights. Sexual violence continued to be perpetrated with an alarming intensity throughout the territory, but especially in the east of the country. An important initiative in that area had been the signing on 23 November 2007 in Bukavu by the provincial authorities of South Kivu of a commitment to fight against impunity for sexual violence. As for the enjoyment of economic, social and cultural rights, for most citizens that remained only very remote. Despite the right to education being enshrined in the Constitution, very few children attended school. Only 5 per cent of the budget had been earmarked for education. Among recommendations, the Independent Expert had requested compliance with the Act of Commitment on peace security and development signed in Goma on 23 January 2008. There also had to be a policy of true enforcement of justice, and the bringing to justice of perpetrators of violations, as well as a need to clarify competencies between civilian and military tribunals for actions brought against civilians. The defence and affirmation of the independence of the magistracy and access to the judicial system had to be facilitated. The standards for sexual violence, and the adoption of a standard medical certificate for court cases, as well as the prosecution of those responsible for sexual violence was of the utmost necessity.
Statement by Concerned Country
TITINGA FREDERIC PACERE (Democratic Republic of the Congo), speaking as a concerned country, said that the Independent Expert had recently conducted two visits to the country. The report simply highlighted a few cases of human rights violations instead of giving concrete recommendations. The need for technical and financial assistance was underscored. The Government through its technical ministry had submitted a number of projects to the local Office of the High Commissioner for Human Rights. These projects had not retained the attention of the Independent Expert. The Democratic Republic of the Congo was doing everything in order to improve the human rights situation. The situation had already improved since the end of the conflict. The Democratic Republic of the Congo had made several improvements inside its political institutions. The allegations about the non-independence of the magistrate were without substance as the bill of law setting it up was still being examined by the Senate. Regarding the International Criminal Court, three and not two cases were pending before it. Regarding the various cases pertaining to women and children, the Government was determined to bring to a halt sexual violence. The Democratic Republic of the Congo was a country on the road to improvement. The free elections that had taken place with the backing of the international community had helped in the setting up of democratic institutions. The remaining questions of human rights violations had been identified only in two territories. The international community was called upon to help the Democratic Republic of the Congo.
Interactive Dialogue on Report of Independent Expert on Situation of Human Rights in the Democratic Republic of the Congo
ANDREJ LOGAR (Slovenia), speaking on behalf of the European Union, said the European Union shared the Special Rapporteur’s concern regarding the level of insecurity and the magnitude of sexual and gender-based violence in the east of the Democratic Republic of the Congo, as well as the general climate of impunity for these and other violations and abuses. The European Union read with interest his analysis of the weaknesses of the justice system in terms of budget, capacity and independence. In a series of questions to the Special Rapporteur, the European Union asked how could the international community best support the efforts of the Government of the Democratic Republic of the Congo to improve peace and security for the civilian population, in particular women and children, in the Kivus? With regard to the continued massive-scale sexual violence in the conflict-affected areas, how much sexual violence was currently being under-reported in the Democratic Republic of the Congo? Finally, the European Union wished to know what were the Special Rapporteur’s views on how to improve this very important mandate?
MICHAEL S. KLECHESKI (United States) said that this was an excellent exercise in the review of the work of a human rights expert whose mandate was providing technical cooperation and assistance. The Independent Expert had been afforded significant cooperation by Congolese officials. In his report, the Independent Expert had commented on significant peace initiatives undertaken in the country, and the United States echoed the Expert's call for the observance of the peace agreement in North Kivu. The United States strongly supported this mandate, and would like the Democratic Republic of the Congo to receive more technical and legal assistance for drafting and training and legal reform.
DANIEL ULMER (Canada) said that the report of the Independent Expert enabled the Council to be mindful of the very worrying human rights violations in the Democratic Republic of the Congo. Canada was especially worried by the increasing acts of sexual violence and the situation of the internally displaced persons. The recommendations made by the Independent Expert in this regard were supported. The numerous violations of human rights and humanitarian rights were preoccupying. What were the Independent Expert’s recommendations for the training and information of police personnel with regards to human rights?
ALI CHERIF (Tunisia) said that Tunisia had followed with interest the positive evolution of the human rights situation in the Democratic Republic of the Congo. However, it noted that these improvements were not duly reflected in the report of the Special Rapporteur. The delegation believed that the international community had an obligation to encourage that country to create the foundations for lasting peace. Moreover, the international community needed to work alongside the efforts of the Democratic Republic of the Congo and to help the Government improve the living conditions of its population. The role of the Special Rapporteur should be as an active protagonist in the positive development of the Democratic Republic of the Congo.
BART OUVRY (Belgium) said that the success of the elections and the move to demobilize rebel forces had constituted real progress in the Democratic Republic of the Congo. Nevertheless there remained serious violence in the east of the country. The Goma peace agreement allowed them to hope that there would be a genuine post conflict recovery. But they should not delude themselves: each week saw additional outbreaks of violence. Belgium asked what the priorities of the mandate were for the next few months. Moreover, recruitment of child soldiers was continuing, and Belgium wanted to know about plans to combat that, as well as to address sexual violence against women. Belgium contributed actively to projects for the improvement of the administration of justice, and Belgium saw the Independent Expert's work in that area as central to the mandate.
MOHAMMED BESSEDIK (Algeria) said that it had to be admitted that significant progress had been made by the Government of the Democratic Republic of the Congo. Thus, the situation was normalizing. These improvements were not sufficiently reflected in the report. Could the Independent Expert say what his specific work had been in the field of technical assistance since he had been entrusted with the mandate?
LUKAS MACHON, of the International Commission of Jurists, said that the human rights situation and the status of the implementation of human rights and international humanitarian law, described in the report, remained preoccupying. Violence had erupted again, following last year’s elections. Of particular concern were the massive and systematic human rights violations taking place in the east of the country, in Kivu, which had been committed by militias, rebel forces and the Armed Forces of the Democratic Republic of the Congo. Gross violations of human rights, including extrajudicial killings, rape, torture and ill-treatment, continued to be carried out countrywide in an atmosphere of impunity, which persisted despite major justice and police reforms. In conclusion, given the extent of the human suffering and persistent challenges to the enjoyment of human rights and freedoms, the International Commission of Jurists wholly supported the renewal of the mandate of the Independent Expert on the situation of human rights in the Democratic Republic of the Congo.
IRMA, of Pax Romana, said that since 1990 until the present, mass-killings had been committed in the Great Lakes region. There had been Congolese, Rwandan, Canadian, Belgian, British, Italian and French victims, and, among them, nine Spanish citizens had been murdered in the conflict. On 6 February 2008 a Spanish judge had indicted 40 current or former Rwandan military officers, some of them presently working at the United Nations. Those individuals had been indicted, among others, of several counts of genocide, war crimes and crimes against humanity. More than 4 million people had died or disappeared in the Democratic Republic of the Congo between 1990 and 2000. Did the United Nations plan to remove some of those indicted officers from United Nations peacekeeping missions? Regarding nine United Nations staff members killed along the border between the Democratic Republic of the Congo and Rwanda in January and February 1997, was the United Nations going to take any action to clarify those killings?
TITINGA FREDERIC PACERE, Independent Expert on the human rights situation in the Democratic Republic of the Congo, in concluding remarks, said that on the comments by the delegation from the Democratic Republic of the Congo that he had not given support to the Government’s initiatives, he had not been associated with this process and had not been given any information on these initiatives. On sexual violence, he had looked at the situation, particularly in the lower Congo. He did not have enough time there to give himself a full picture of the situation but he could say that the situation was extremely serious and it required the attention of the whole international community. The international community should provide its assistance in order to stop these major human rights violations. On the cases of sexual violence committed by military personnel, there had been attempts to integrate, into the armed forces, training on human rights, morals and civil conduct. On the topic of technical assistance, as an Independent Expert he had noted that the situation in the field was quite difficult and complex. It was essential to support the Goma peace agreement. The overall situation remained one of concern and the international community had to do its utmost against impunity.
For use of the information media; not an official record
HRC08034E