HUMAN RIGHTS COUNCIL DISCUSSES HUMAN RIGHTS IN SOMALIA AND DEMOCRATIC REPUBLIC OF CONGO UNDER TECHNICAL ASSISTANCE/CAPACITY-BUILDING ITEM

The Human Rights Council today took up its agenda item on technical assistance and capacity building, hearing presentation of reports from the Independent Expert on the situation of human rights in Somalia, the Special Representative of the Secretary-General on internally displaced persons concerning a joint report with other mandate holders on the situation of human rights in the Democratic Republic of the Congo, and the Deputy High Commissioner for Human Rights on the situation in Guatemala, Bolivia, Cyprus, Sierra Leone, Afghanistan, Democratic Republic of the Congo, Colombia and Nepal.

Shamsul Bari, Independent Expert on the situation of human rights in Somalia, said since the Independent Expert's primary concern was the protection and welfare of the Somali people, he would insist that efforts must continue to bring the war to an end sooner rather than later, and these efforts must be made more inclusive than had been the case so far, and should have a long-term perspective, closely involving the Governments of Somaliland and Puntland, and they should include reaching out to Al-Shabab and its allies. As long as the latter were citizens of Somalia and willing to denounce terrorism and sever relations with foreign terrorists, they should be considered as legitimate stakeholders in the future of Somalia, and a mechanism must be found for this purpose. Of immediate concern, however, were the increased humanitarian needs of the people.

Somalia, speaking as a concerned country, said despite the efforts and calls of the Somali Government for increased and timely support from the international community, initiatives in the field of technical assistance were still lagging behind and did not match the needs and expectations of the Somali Government. The challenges Somalia was continuing to face were enormous. The so-called radical Islamists, notably Al Shabab, were pursuing their political agenda by terror, violating fundamental human rights, and offending the religious sentiments of the people. While the political solution to the political crisis was in the making, the protection of the people from further human rights violations relied mainly on the implementation of the much needed technical assistance in terms of institutional capacity-building.

In the interactive dialogue with the Independent Expert on the situation of human rights in Somalia, speakers called on all armed groups to lay down their weapons and to join in a genuine broad-based dialogue towards national reconciliation. They stressed the importance of a comprehensive approach linking security with development, rule of law, good governance and the protection of human rights. Speakers were particularly troubled by extensive reports of Al-Shabab's summary executions and mutilations, indiscriminate shelling of civilian areas by all parties to the conflict, pervasive gender-based violence, the conscription of children into the armed conflict, and blocked humanitarian assistance. It was important to reconfirm the necessity of increasing financial and technical assistance to Somalia, and it was high time to identify a comprehensive strategy to solve all problems facing Somalia, including piracy. Action taken by the international community should be aimed at reinforcing that Government both at the national and local levels with technical assistance and capacity building. Due note was taken of the Independent Expert’s statement that the United Nations should consider moving its base into Somalia so that there was actually work done in Somalia and not only on Somalia. It was time to put an end to the United Nations’ involvement by remote control from Nairobi. The United Nations should move to securitised areas in Somalia itself, and provide aid from within the borders of the country, moving as one.

Speaking in the debate were the European Union, United States, Sudan on behalf of the Arab Group, Italy, Nigeria on behalf of the African Group, United Kingdom, Djibouti, United Arab Emirates, Australia, Canada, Kuwait, Norway, Bangladesh, China, Belgium, Yemen, Algeria and Ethiopia.

The following non-governmental organizations (NGOs) also took the floor: International Federation of Journalists, Human Rights Watch and Cairo Institute for Human Rights Studies.

Walter Kalin, Representative of the Secretary-General on human rights of internally displaced persons, introducing the joint report on the situation of human rights in the Democratic Republic of the Congo, said the seven mandate holders were of the view that the human rights situation in the Democratic Republic of the Congo had not improved since their initial report and that the situation remained serious, including in areas not affected by conflict. Members of the Armed Forces of the Democratic Republic of the Congo, the National Congolese Police and intelligence forces had been reported as being responsible for summary executions, ill-treatment and sexual violence, particularly rape. The Government had been inefficient, making it difficult for partners to provide technical assistance. Violence against women, committed both by men in uniform and civilians, continued to be a serious concern. Certain members of the Armed Forces of the Democratic Republic of the Congo continued to recruit child soldiers, an issue which the Government urgently needed to tackle by an action plan.

The joint report was prepared by the Special Rapporteur on violence against women, its causes and consequences, the Representative of the Secretary-General on human rights of internally displaced persons, the Special Rapporteur on the independence of judges and lawyers, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, the Special Rapporteur on the situation of human rights defenders, the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises and the Special Representative of the Secretary-General for children and armed conflict.

The Democratic Republic of the Congo, speaking as a concerned country, said the allegations in the report were not a reflection of the reality. Experts had expressed regret that the Government had not implemented recommendations made in the first report. That was inaccurate. The report also said that technical assistance had not been provided to the Democratic Republic of the Congo due to a lack of will by the country to ensure human rights. On the contrary, the Democratic Republic of the Congo thought it was a lack of technical assistance that had hindered attaining its country’s human rights policy. With regard to combating impunity over human rights violations, the Government had a zero tolerance policy. The Democratic Republic of the Congo rejected the conclusions of the report. It was obvious that rape against women and children did not exist as it did at the height of war. Contrary to the report, the Government of the Democratic Republic of the Congo was in fact fulfilling its obligation to protect internally displaced persons, yet the needs were admittedly enormous.

In the interactive dialogue on the Democratic Republic of the Congo, speakers expressed concern that the Government’s policy of intolerance of impunity was not being implemented on the ground. Despite the efforts of the Government, serious violations of the rights of the people continued. Concern was also expressed about the fact that little progress had been made in the implementation of recommendations made in the first joint report of the seven experts. Speakers appreciated the experts’ finding of the link between ongoing violence and the illegal trade in natural resources and underscored that the Congolese Government needed to gain transparent and effective control over natural resource management and bring about an end to the diversion of profits towards armed conflict. Various United Nations officials had ignored improvements made in the protection and promotion of the country in human rights. That seemed even odder given that members of the Council had accepted, after adopting the Universal Periodic Review on the Democratic Republic of the Congo last week, that it had made considerable improvements in that regard. Technical assistance focused on the needs identified by the Government would help. A number of speakers were in favour of establishing a Special Procedures mechanism to address the human rights situation in the Democratic Republic of the Congo partly due to a lack of improvement and persistent violations in that regard.

Speaking in the interactive dialogue were the European Union, Australia, Nigeria on behalf of the African Group, Algeria, Brazil, Canada, Sweden, Switzerland, Norway, China, United Kingdom, United States, Belgium and Japan.

The following NGOs also took the floor: Femmes Africaines Solidarite, Action International Pour la Paix et le Developpment Dans la Region Des Grands Lacs, Women's International League for Peace and Freedom, International Federation of Human Rights Leagues, Franciscans International, Amnesty International, and International Commission of Jurists.

Kyung-Wha Kang, Deputy High Commissioner for Human Rights, said concerning the report on the activities of the Office of the High Commissioner in Guatemala, the level of insecurity remained alarmingly high and the National Civilian Police had been unable to address the significant challenges posed by that situation. As for Bolivia, a new Constitution had been adopted in that country, granting increased levels of recognition to the rights of indigenous peoples. However, legislative initiatives and institutional reinforcement were necessary to give practical effect to those rights. The report on Cyprus noted that the underlying situation of the country had not been resolved in spite of commendable efforts on all sides. The report on Sierra Leone, for its part, noted that the law reform process had made little progress and there persisted a need to separate the Office of the Attorney-General from the Ministry of Justice. Turning to Afghanistan, Ms. Kang said that country had last year been engulfed by levels of violence not experienced in the recent past, suffering the highest civil death toll since the fall of the Taliban regime in 2001. As for the report on the Democratic Republic of the Congo, that document described a number of the daunting human rights challenges the country faced, including appalling conditions in the penitentiary system, sexual violence and impunity of offenders, and illegal exploitation of natural resources. As for Colombia, the Government had undertaken bold steps to address the illegal use of intelligence services, Ms. Kang said, but stressed that critical steps remained to be taken on investigations of past abuses. Concerning Nepal, determined and consistent efforts were required to end impunity and restore confidence in rule of law institutions.

Speaking as a concerned country, Afghanistan said despite the challenges, Afghanistan had managed to make important achievements with the cooperation of the international community. Bolivia, speaking as a concerned country, said the major challenge was to improve the economic and social conditions under which the majority of the country lived, in particular the most disadvantaged. Colombia, speaking as a concerned country, said the State policy was to do its utmost to uphold human rights. It was important to note improvements in the police force. Cyprus, speaking as a concerned country, said it was deeply regrettable that a solution had not been reached yet. Cyprus was committed to exert efforts until reunification became a reality. The Democratic Republic of the Congo, speaking as a concerned country, said the report contained erroneous and tendentious allegations and suffered from negative prejudices. Guatemala, speaking as a concerned country, said Guatemala had taken steps to improve the situation of the most vulnerable and unprotected groups. Nepal, speaking as a concerned country, said Nepal was committed to the protection and promotion of human rights and fundamental freedoms. The President of the Council noted that the Secretariat had been in contact with Sierra Leone, which was one of the concerned countries, but it had no representation at the United Nations Office at Geneva.

Speaking in the general debate on technical assistance and capacity building were the European Union, Brazil, Italy, Ghana, United Kingdom, India, Pakistan, Egypt, Canada, Kuwait, Algeria, Greece, Turkey, New Zealand and Switzerland.

The Afghanistan Independent Human Right Commission also took the floor, as did the following NGOs: Centre Europe Tiers Monde, Colombian Commission of Jurists, Human Rights Watch, Cairo Institute for Human Rights Studies, United Nations Watch, Comite International pour le Respect et l’Application de la Charte Africaine des Droits de l’Homme et des Peuples, Action Internationale pour la Paix et le Développement dans la Région des Grands Lacs, World Union for Progressive Judaism, Commission to Study the Organization of Peace, European Union of Public Affairs, International Club for Peace Research, International Institute for Peace and Centre for Human Rights and Peace Advocacy.

Nepal spoke in right of reply.

The Human Rights Council today is meeting in back-to-back meetings from 9 a.m. to 6 p.m. This afternoon, after meeting in private to consider its complaint procedure, the Council is scheduled to start taking action on draft resolutions and decisions in the afternoon meeting.

Documents

The note of the Secretary-General (A/HRC/13/24) transmits, in an annex, the report of the United Nations High Commissioner for Human Rights on the question of human rights in Cyprus, covering the period up to 31 December 2009, and which concludes that persisting de facto partition of the island of Cyprus continues to constitute an obstacle to the full enjoyment of human rights.

The report of the United Nations High Commissioner for Human Rights on the activities of her office in Guatemala (A/HRC/13/26/Add.1), which covers the period 2009, addresses human rights issues such as insecurity and the right to life, the rule of law, violence against women, attacks against human rights defenders, impunity, racism and discrimination, issues related to transitional justice, and the situation of economic, social and cultural rights, and also gives an overview of the activities of OHCHR-Guatemala in 2009.

The report of the United Nations High Commissioner for Human Rights on the activities of her office in Bolivia (A/HRC/13/26/Add.2) gives an overview of the human rights situation in Bolivia and the activities of OHCHR in the country during 2009, tracing important developments, such as the adoption of a new Constitution, which provides new levels of recognition for indigenous peoples and prominently reflects economic, social and cultural rights, and efforts undertaken to fight impunity. It also notes that, despite efforts, indigenous peoples continue to register adverse social and economical living conditions and some are subjected to servitude and the judicial system is still experiencing a deep institutional crisis.

The report of the United Nations High Commissioner for Human Rights on assistance to Sierra Leone in the field of human rights (A/HRC/12/28) notes achievements by Sierra Leone, such as progress in building capacity for the promotion and protection of human rights and in strengthening the rule of law, as well as remaining challenges, including police detentions beyond the lawful period, a lack of implementation of the recommendations of the Truth and Reconciliation Commission, the need to amend discriminatory provisions of the Constitution, and the fact that customs and traditions continue to bar full implementation of the Child Rights Act and the Domestic Violence Act.

The report of the United Nations High Commissioner for Human Rights on the situation of human rights in Afghanistan and on the achievements of technical assistance in the field of human rights (A/HRC/13/62) says 2009 was difficult for Afghanistan, as hard-won gains, particularly in relation to human rights, were put in jeopardy. Long-standing human rights concerns such as entrenched impunity, lack of accountability, justice and the rule of law, extreme poverty and discrimination against women, need to be urgently addressed if confidence in the Government is to be restored and Afghanistan transformed into a peaceful and democratic society.

The report of the United Nations High Commissioner for Human Rights on the situation of human rights and the activities of her Office in the Democratic Republic of the Congo (A/HRC/13/64) says that the human rights situation in the country remains extremely problematic. The report assesses the Government’s response to the conclusions and recommendations of the High Commissioner and seven thematic special procedures in their previous reports to the Council, as well as those of other special procedures and treaty bodies, during the period from March to November 2009, and seeks to identify setbacks and to determine the causes for the insufficient implementation of the recommendations.

The report of the United Nations High Commissioner for Human Rights on the situation of human rights in Colombia (A/HRC/13/72), covering 2009, records a drastic reduction in the number of complaints of extrajudicial executions and the continuous prosecution of members of Congress and public officials for alleged links with paramilitary organizations. It also looks at the increase in cases of sexual violence, significant gaps in the full realization of economic, social and cultural rights, and de facto discrimination and marginalization of Afro-Colombian and indigenous populations. The report also summarizes the main activities carried out by OHCHR-Colombia and formulates recommendations.

The report of the United Nations High Commissioner for Human Rights on the human rights situation and the activities of her office, including technical cooperation, in Nepal (A/HRC/13/73) notes some positive developments, including in relation to policies on violence against women and reducing discrimination. However, Nepal’s peace process has lost considerable momentum over the past year and widespread inequality and discrimination that gave rise to the conflict persist. Despite many challenges, the report concludes that the peace process in Nepal still holds promise, provided all parties recommit themselves to its core human rights principles.

The report of the Secretary-General on advisory services and technical cooperation in the field of human rights (A/HRC/13/61) is an update of the Secretary-General’s previous report (A/HRC/10/57 and Corr.1), and focuses on the work of the Board of Trustees of the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights in 2009.

Presentation of Country Reports by Deputy High Commissioner for Human Rights on Technical Assistance and Capacity Building

KYUNG-WHA KANG, Deputy High Commissioner for Human Rights, said her presentation today introduced country-related reports. Concerning the report on the activities of the Office of the High Commissioner in Guatemala, Ms. Kang said the level of insecurity remained alarmingly high and the National Civilian Police was unable to address the significant challenges posed by that situation. Important progress had however been made in the fight against impunity for past violations. The severe food crisis that hit the country in 2009 had affected 2.5 million people, and the situation of indigenous peoples was a major focus of the work of the Office. As for Bolivia, a new Constitution had been adopted in that country, granting increased levels of recognition to the rights of indigenous peoples. However, legislative initiatives and institutional reinforcement were necessary to give practical effect to those rights. There had been some advances in the fight against impunity, and progress into investigations into the Pando massacre of September 2008. However, for the gains against impunity to be sustained, the judicial system must be strengthened, and this was a particularly serious challenge in the context of a deep institutional crisis.

The report on Cyprus noted that the underlying situation of the country had not been resolved in spite of commendable efforts on all sides. The document focused primarily on aspects of the human rights situation related to the unresolved conflict across the entire island, offering an update on the tracing and identification of missing persons, and noting some progress in the question of property rights. Other human rights issues covered by the report included freedom of movement, equality and non-discrimination, freedom of expression, right to life, freedom of religion and the right to education. The report on Sierra Leone, for its part, noted that the country had continued to progress in building its national capacity for the promotion and protection of human rights, with important legislative developments, and a second poverty reduction strategy adopted, as well as a plan to address challenges in the health sector. Nevertheless, serious challenges remained. The law reform process had made little progress and there persisted a need to separate the Office of the Attorney-General from the Ministry of Justice.

Turning to Afghanistan, Ms. Kang said that country had last year been engulfed by levels of violence not experienced in the recent past, suffering the highest civil death toll since the fall of the Taliban regime in 2001. Conflict-related detention polices continued to be a major concern given the lack of legal framework, policies and practices that complied with Afghanistan’s obligations under international and national law. The Office of the High Commissioner for Human Rights was paying particular attention to the situation of women, and had documented the degree to which violence against women, in both public and private spheres, remained pervasive and widespread. The Government should also address the issue of widespread fraud and irregularities which damaged the integrity of elections. Efforts to develop accountable governance and the rule of law in Afghanistan continued to be thwarted by the impunity enjoyed by abusive power holders.

As for the report on the Democratic Republic of Congo, that document described a number of the daunting human rights challenges the country faced, including appalling conditions in the penitentiary system, sexual violence, impunity of offenders, and illegal exploitation of natural resources. Nevertheless, the Office acknowledged positive efforts by the Government to align its policies and practices with international human rights obligations. Yet, the human rights situation remained extremely problematic; poor governance, absence of the rule of law and lack of political will would continue to compound an already dire situation. The issue of impunity was central to the report, and protection of civilians remained of grave concern. As for Colombia, the Government had undertaken bold steps to address the illegal use of intelligence services, Ms. Kang said, but stressed that critical steps remained to be taken on investigations of past abuses. The Government had undertaken bold steps to address the illegal use of intelligence services, including against human rights defenders. The internal armed conflict continued to pose serious challenges, including the complete disregard for international humanitarian law by guerrilla groups. The Government had taken steps to protect vulnerable populations, but continued efforts were necessary to better address the issue of impunity.

Concerning Nepal, while the peace process was stalled for much of 2008, recently there had been signs of progress, and the Government had taken a number of significant steps to address human rights issues, including measures to eliminate discrimination, a campaign against sexual and gender-based violence, and other important initiatives, but many human rights issues remained to be addressed to ensure a sustainable peace. The Office of the High Commissioner for Human Rights was pleased to be supporting Nepal’s transitional justice process through a United Nations Peace Fund Project. However, determined and consistent efforts were required to end impunity and restore confidence in rule of law institutions. Preventing and addressing ongoing violations was also a top priority as militant groups continued to threaten public security. The coming months offered opportunities for the consolidation of the peace process and the protection of human rights, and, with persistence and political will, the Office was convinced that the outstanding obstacles to the peace process could be surmounted, and the root causes of conflict addressed.


Statements by Concerned Countries

NANGUYALAI TARZI (Afghanistan), speaking as a concerned country, said that following almost three decades of war, Afghanistan was still facing challenges in rebuilding its political, social, cultural and legal infrastructure. Despite these challenges, with the cooperation of the international community, Afghanistan had managed to make a number of important achievements, such as the formation of a democratic government, the holding of elections and securing the independence of the judiciary. The Government had also initiated a peace, reconciliation and reintegration process. Afghanistan had accepted most of the Universal Periodic Review’s recommendations. Also, the commitment of Afghanistan towards the protection and promotion of women’s rights had been guaranteed in the Constitution. They had further ratified the Convention on the Elimination of Discrimination against Women. The Afghan Government was also committed to fight and resolve corruption of any nature and a High Office for Oversight of the implementation of the Anti-Corruption Strategy had been set up. Afghanistan was moving towards democracy and was looking forward to free and fair parliamentary elections in September. The new media law of Afghanistan also guaranteed freedom of speech, provided a better environment for journalists and protected them from undue intimidation, censorship and violence. Further, a number of steps had also been taken for improvement and monitoring of the situation of prisoners.

MAYSA URENA MENACHO (Bolivia), speaking as a concerned country, said this annual report had been submitted at the request of Bolivia, as proof of the transparency that was the hallmark of the new plurinational State. However, Bolivia wished to point out that there were no developed countries that were subject of a report. Bolivia paid tribute to the important work done by the Office of the High Commissioner for Human Rights in the country, and had an excellent relationship with the Office, valuing its criticisms, as they made the country view challenges in a different light and find ways to solve them. As the report said, the major challenge was to improve the economic and social conditions under which the majority of the country lived, in particular the most disadvantaged, such as the Guarani, and that was why the country continued to work to eliminate contemporary forms of slavery, and full implementation of the right to be consulted, as included in the Constitution. Measures had been taken to improve access to food, health, and education, with very positive results, but there was still a lot of work to be done. Bolivia was proving it had the political will to build an inclusive State, and one that was supportive of human rights. The judicial system needed to be strengthened to fight impunity, and that was why the Government had put in place transition measures to appoint magistrates to fill vacant posts, and it was setting forth a democratic process to appoint these. There was full guarantee in the new Constitution of the principles of independence of Government bodies. The Office of the High Commissioner for Human Rights was thanked for recognising the efforts being made to ensure the right to truth and justice for the victims of human rights violations.

ADRIANA MEJIA HERNANDEZ (Colombia) said Colombia thanked the Office of the High Commissioner for Human Rights for the report on the human rights situation in Colombia in 2009. There was reference in the report on significant steps forward made during the year. Those were tributes that urged Colombia to work with enthusiasm to ensure human rights. The State policy was to do its utmost to uphold human rights. It was important to note improvements in the police force. In that regard, there had been improvements in the fight against organized crime. The work of the military and the police force was carried out in transparency and with human rights. Many of the Council’s priorities were entirely in line with national priorities including the fight against impunity and all forms of criminality, the fight against sexual violence, a streamlining process relating to the laws of justice and peace. Colombia had also seen improvements in bilateral relations. It hoped the international community would match efforts made by Colombia. As in all democratic States, there were different ideas on a number of issues regarding judicial decisions. For its part, the Government had made its views known in full transparency. The report also expressed concerns on persistent structural problems in the administration of justice. The Government was aware of that and recognized it. Faced with that challenge, the Government had acted transparently by putting in place standards and mechanisms. On justice and peace there had to be greater efforts for full implementation. Colombia asked the international community for more forceful statements, calling for the freeing of all people who had been abducted. It also reiterated its will to work with the international community. In that regard, Colombia would uphold its policy of openness and transparency to advance the realization of human rights and fundamental freedoms within its national territories.

ANDREAS HADJICHRYSANTHOU (Cyprus), speaking as a concerned country, said that 35 years ago, the Government of Cyprus had brought before the Commission on Human Rights the matter of the massive human rights violations that had occurred in Cyprus as a result of the 1974 Turkish invasion and continuing occupation of the northern part of the island. Despite the fact that so many years had elapsed, there had been no progress towards the implementation of the resolution that had been adopted by the Commission in 1974, nor of relevant subsequent ones. Throughout the years, the Government of Cyprus had engaged in many rounds of talks under the good offices of the United Nations Secretary-General. It was deeply regrettable that an overall solution had not been reached yet. The Cypriot Government was committed to continue exerting every effort until reunification for the country became a reality. However, it was deplorable and inexcusable that pending the attainment of a political solution, the human rights violations of Cypriots continued to persist. Cyprus was pleased to note that the High Commissioner attributed particular attention to relevant rulings of the European Court of Human Rights which had repeatedly reaffirmed that Turkey was accountable for numerous human rights violations under the European Convention of Human Rights. The issue of the human rights of the missing persons was probably the only area where some positive progress could be reported. The Committee on Missing Person had to date returned the remains of 196 individuals to their families.

SEBASTIEN MUTOMB MUJING (Democratic Republic of the Congo) said the Government thanked the Office of the High Commissioner for Human Rights in the Democratic Republic of Congo for its cooperation with national bodies and encouraged it to step up this collaboration with regard to resolution 10/33 of the Human Rights Council. On the report of the High Commissioner, in paragraph five, it was incorrect to state that the Government was not taking action to combat arbitrary arrests. Magistrates and other functionaries, where they were found responsible for illegal acts, were punished through the system and through disciplinary measures. Paragraph 10 did not mention recent efforts to improve prison conditions, and actions were underway to completely reform the penitentiary system, contrary to the allegations made in paragraph 15. The process of criminalisation of torture mentioned in paragraph 13 was being developed in the National Assembly. The impunity of perpetrators of crimes of sexual violence was not chronic as alleged in paragraph 23, and harsh sentences were handed down. On the issue of human rights defenders, the statement made in paragraph 34 according to which campaigners and journalists were everyday submitted to arbitrary arrests, harassment and death threats was refuted. On administration of justice, the statements made in paragraph 39 were not supported, and there was no privatisation of the judicial function, nor endemic interference by political and military authorities in administration of justice. The report also contained erroneous and tendentious allegations, in particular in the conclusion of paragraph 49 that the people had no security to exercise their most basic human rights, and that bad governance, the absence of the rule of law and absence of political will were at the root of a worrying balance-sheet on human rights. The report also suffered from negative prejudices.

CARLOS RAMIRO MARTINEZ ALVARADO (Guatemala) thanked Navi Pillay and paid tribute to the work that she had done to ensure the promotion of human rights. The report reflected the backwardness of the country in terms of solving certain social problems such as the exclusion of a high percentage of the population, including indigenous people. The Government had taken steps to improve the situation of the most vulnerable and unprotected groups. Guatemala had put in place social cohesion activities, the clear aim being to overcome centuries old backwardness within families and to ensure that their human indices improved. One of the aims was to ensure that children went to school, which went hand in hand with providing them with vaccinations. Guatemala approved the law on public appointments, some aspects of which would have been unthinkable two years ago. In terms of security, the Government recognized that it was still the weakest point and the most difficult for it to achieve. Given the nature and complexity of the problems, results tended to be seen in the medium term yet people wanted immediate results. Guatemala thanked the Office of the High Commissioner for Human Rights for the work that was being done in the country and wanted to assure that Guatemala no longer had impunity and corruption in the country.

DINESH BHATTARAI (Nepal), speaking as a concerned country, said that Nepal was making a transition from an armed conflict to sustainable peace and inclusive democracy within the framework of the Comprehensive Peace Accord signed in November 2006. The peace process had freed the Nepali society from mistrust and fear. This had created an environment for laying a solid and sustained foundation for respect of human rights. The Government had launched a series of programmes to address the basic socio-economic issues and had allocated substantial resources, which it expected would have a positive impact on the progressive realization of the economic, social and cultural rights of the people. It was the policy of the Government of Nepal to constructively remain engaged with the United Nations human rights machinery. The Government had also put into implementation the Special Security Plan for strengthening the rule of law, fixing accountability and ending impunity. It had further presented to the Parliament a draft Bill on disappearances that would pave the way for establishing an independent commission to investigate the whereabouts of the missing persons. Nepal remained committed to honour its obligations to international human rights instruments to which it was a party. Nepal was committed to the protection and promotion of human rights and fundamental freedoms. Nepal’s peace process had shown that violence could never be an instrument to achieve political objectives. The successful conclusion of the peace process depended on the sincere and honest implementation of peace commitments into distinctly visible actions on the ground.

General Debate on Technical Assistance and Capacity-Building

LORETTA CARRILLO MODDERMAN (European Union) said one of the crucial elements of technical assistance was its forward-looking nature. The European Union welcomed the mid-term report presented by the Independent Expert on the human rights situation in Somalia, and saw the mandate as indispensable to help Somalia overcome the huge human rights challenges it was faced with after almost 20 years of war and civil violence. The European Union would also like to acknowledge the role of technical assistance and capacity-building in the Democratic Republic of the Congo and called upon the Government to fully implement the recommendations contained in the report, but believed that an independent expert was the best way to address the human rights needs of the Democratic Republic of the Congo. The Office of the High Commissioner for Human Rights should further develop their presence in areas where the protection and promotion of human rights was most needed. An example of the important role played by the Office could be seen in Guinea, where serious human rights violations had been perpetrated by security forces on unarmed civilians in September 2009. The European Union was nevertheless encouraged by the subsequent actions of the Government and the international community. The European Union was firmly committed to technical assistance and capacity-building in the area of human rights. The European Union paid particular attention to the promotion of human rights and democracy. Technical assistance and capacity-building were irreplaceable tools for fostering cooperation with and among Governments, addressing the human challenges they faced, and helping to enhance democracy and the rule of law.

OTAVIO DRUMONT CANCADO (Brazil) said Brazil believed that cooperation was a fundamental element for both preventing and remedying human rights situations. That had already been recognized in the Council’s institutional process. The annual report of the Secretary-General on technical cooperation in the field of human rights should provide adequate input to the Council for taking stock of cooperation activities of the Office of the High Commissioner for Human Rights on the ground. The report could help the Council identify gaps in technical assistance and encourage the international community to support requests for assistance. Nonetheless, Brazil had noted that very few cooperation activities undertaken by the Office of the High Commissioner for Human Rights had been brought to the attention of the Council in the report. It also believed that this report should compile concrete cooperation activities carried out by mandate holders, human rights advisers within United Nations country teams, human rights components of United Nations peace missions, and country offices with technical cooperation components.

PASQUALE D'AVINO (Italy) said that since 2002, Italy had committed considerable resources for the reconstruction of Afghanistan, paying particular attention to the promotion and protection of human rights and the rule of law. One of the main areas of their cooperation was the support to good governance, especially in the judiciary sector. The issue of national reconciliation, raised in the report, was central to the future of the Afghan people. All individuals and political forces willing to be included in a democratic process should renounce violence. Open and independent information was also a crucial component of any democratic society. In the case of Afghanistan, it could also constitute a fundamental contribution to the fight against corruption and impunity. Concerning the human rights situation in Somalia, the Council needed to remain actively seized on the matter and technical assistance and capacity building was crucial.

MERCY YVONNE AMOAH (Ghana) said concerning the Democratic Republic of the Congo, Ghana noted that many of the country's challenges were linked to the armed conflict, poverty and dysfunctional and understaffed institutions. These and other challenges cited in the report could be addressed through a strengthened role of the Government, assisted by the relevant national and international stakeholders to implement the necessary recommendations. The international community should support the Democratic Republic of the Congo in its efforts to, among others, strengthen its institutions and facilitate the use of its huge natural wealth for improving the living standards of its people. In Guinea, the assistance of the international community would also be required to accompany the efforts of the African Union, the Government and the Economic Community of West African States to achieve a lasting peace, successful elections, economic recovery and eventually improvement in the lives of its citizens. The human rights situation in Somalia had continued to be one of the most difficult humanitarian crises in the world for some time, and the international community should take a fresh look at the situation, and consider what had been done and not done in order to find a solution to the crisis. The international community should redouble its efforts to address the humanitarian situation, enhance its assistance to enable the Transitional Federal Government to fulfil its responsibilities beyond the security sector, and support the efforts of the African Union and the United Nations Mission in Somalia Forces in their task to restore order and security in the region.

BOB LAST (United Kingdom) said the United Kingdom welcomed the report on Nepal and noted the progress made by Nepal on transitional justice mechanisms. However, not a single perpetrator of human rights violations had been brought to justice. Freedom of expression for Tibetans in Nepal continued to be of concern. Furthermore, reports of extra judicial killings were alarming. The United Kingdom called on the Government of Nepal to comply with court orders. A renewed focus on human rights and the continued cooperation between Nepal and the Office of the High Commissioner for Human Rights remained crucial especially as Nepal entered a post conflict phase. The United Kingdom welcomed the work of the Office of the High Commissioner for Human Rights in capacity building. Building a strong national capacity for promoting and protecting human rights was essential for Nepal. It also thanked the High Commissioner for her report on Colombia. The United Kingdom would continue to focus on the promotion and protection of human rights in that country.

GOPINATHAN ACHAMKULANGARE (India) said with regard to the situation in Nepal, India agreed with the conclusions of the High Commissioner’s report that Nepal had reached several major milestones in the past three years. India took positive note of the progress made by Nepal in the promotion and protection of human rights. They also appreciated the commitment displayed by the Government of Nepal to safeguard its human rights obligations amidst serious challenges. Turing to the situation in Afghanistan, India shared the conclusion that the Government faced a complex set of challenges in improving the human rights situation. Transformation in Afghanistan would not occur overnight; democracy was likely to take time to take root. The road to peace in Afghanistan would be long and hard. The evolution of that country as a stable and moderate nation state was vital for the region and the world. The international community must stand steadfast against the challenge posed by religious fundamentalism in Afghanistan.

ZAMIR AKRAM (Pakistan) said Pakistan not only shared a common border but also shared a common history, religion and culture with Afghanistan. It fully empathised with the challenges faced by the Government and peoples of Afghanistan and wished them well in their efforts to overcome challenges. Pakistan would continue to extend its support to them. Despite challenges, Afghanistan had made some notable progress in the recent past, such as holding of Presidential and Parliamentary elections, reforms of the legal and judicial system, and creation of mechanisms for supporting and monitoring human rights, among others. Given the background to the situation prevailing in Afghanistan, it was also the responsibility of the international community to extend its fullest cooperation and support to the Government and people of Afghanistan. Such support was essential for Afghanistan to make significant progress in all spheres, including promotion and protection of human rights. Unfortunately, so far greater amounts had been spent on security and counter-insurgency operations than on development purposes. Indeed, even those pledges made by developed countries for Afghanistan’s reconstruction and rehabilitation had not been fully realized. Moreover, failure of the international community to help Afghanistan overcome the problems created by the increasing poppy cultivation and the drug trade also added to the problems faced by this country.

JASMINE MOUSSA (Egypt) said the Human Rights Council and the Office of the High Commissioner for Human Rights and the international community must help Somalia to overcome existing challenges in an effective, pragmatic and constructive manner. Somalia had expressed its will to work towards receiving much needed technical support. International inaction would obviously not help the situation on the ground. For its part Egypt had actively provided humanitarian and technical assistance in a variety of fields. Equal attention had to be given to the developmental and humanitarian needs of Somalia, in order to achieve progress and to advance the overall realization of human rights for the Somali people.

ALISON LECLAIRE CHRISTIE (Canada) said that the High Commissioner’s report on Afghanistan highlighted the breadth of human rights issues facing that country. Promoting and protecting human rights, including women’s rights, was a core element of Canada’s engagement in Afghanistan. Canada was committed to working with the Government of Afghanistan and the civil society groups dedicated to protecting and promoting human rights across the country. Canada noted with concern the abuses of women’s rights outlined in the report. Establishing legislation to protect women’s rights was an important step. With the upcoming Parliamentary elections, Canada would be looking to the Afghan Government to protect Afghanistan’s ability to fully exercise their political rights. Canada also looked to the Afghan Government to undertake concrete steps to uphold its commitment to human rights.

AHMAD AL-BUAIJAN (Kuwait) said Kuwait called on the international community to support Afghanistan in its efforts to fulfil its goals concerning development, human rights and ensuring a situation of national reconciliation. Kuwait intended to contribute to international efforts in this regard in the form of donations.

SIM MELLOUH (Algeria) said international cooperation in the field of human rights was a key element for the full achievement of the effective promotion and protection of all human rights. Providing technical assistance and capacity building upon the request of concerned States fell in the Council’s mandate to promote and protect all human rights, the Algerian delegation said, and stressed the importance that priorities set by concerned States guided such technical assistance. Algeria had also reviewed with interest the update report on the work of the Board of Trustees of the Voluntary Fund in 2009, and was encouraged that the income of the Voluntary Fund had increased to reach over $ 19,800,000. While Algeria had been briefed on the High Commissioner’s intentions regarding the proposed OHCHR Office for the Middle East and North Africa Region, the Algerian Government looked forward to having an opportunity to engage with the Office in the “thorough consultations” that General Assembly resolution 64/243 called for.

GEORGE J. KAKLIKIS (Greece) thanked the High Commissioner for the report on the human rights situation in Cyprus and said that it was indeed important that the Council remained ceased of this matter, which was as pertinent as ever. This year’s report had managed to include the most recent developments but it missed the root causes that had led to the adoption of this mandate. One third of Cypriots were still refugees and displaced persons and deprived of their rights. According to the European Court of Human Rights, pursuant to which Turkey bore the full responsibility for human rights violations, it must conduct investigations on those who had disappeared in 1974. The Bi-Communal Committee on Missing Persons’ work would not be sufficient to address the issue of missing persons in Cypriot. The issue was critical because Greek citizens were still missing in Cyprus. Until they reached a lasting and viable solution in the form of a unified Cyprus, Greece hoped the Office of the High Commissioner for Human Rights would take into account its observations and prepare a report that reflected more accurately the situation in that divided island.

ASLIGUL UGDUL (Turkey) said that, regarding the report of the High Commissioner on the situation in Cyprus, the report left out the United Nations Secretary-General’s mission of good offices towards a settlement and sidestepped the overall political nature and developments on the island. The report also included references to documents which were not decisions or rulings of international bodies. Turkey was also disappointed that this year’s report did not address the issue of economic rights. The isolations imposed upon Turkish Cypriots constituted the most flagrant human rights violation on the island. Turkish Cypriot commercial vehicles were also prevented from crossing the Green Line. The report also excluded the prohibitions imposed on the freedom of movement throughout the island which prevented third country nationals who entered the island via the North to cross to the South. As regards to the right of education the report also failed to mention the Greek Cypriot reluctance towards its commitments to open a Turkish primary school in the South. The Turkish Cypriots, who were suffering the status quo, or isolationism, could not be left on the sideline of the international community.

LUCY RICHARDSON (New Zealand) said it was clear that Afghanistan faced a multitude of challenges. New Zealand welcomed President Karzai’s plans to promote reconciliation and his efforts to engage broad national support in that process. However, New Zealand had been explicit in stating that that work could not be at the expense of human rights. New Zealand welcomed the steps Afghanistan had taken to promote and protect human rights, but continued to be concerned about ongoing infringements of fundament human rights, including access to justice, freedom of expression and increased Government control over media. Also, the plight of women in Afghanistan was of serious concern to the New Zealand Government which urged that more be done to ensure that the Shia Personal Status Law and other laws were consistent with Afghanistan’s commitments under the Convention on the Elimination of All Forms of Discrimination against Women. New Zealand was also concerned about the use of the death penalty and the failure to observe the safeguards and restrictions set out in international standards on imposing capital punishment.

MURIEL BERSET (Switzerland) thanked the Office of the High Commissioner for Human Rights for its report on the human rights situation in several countries. Generally Switzerland wished to have more time to consider these reports and to discuss them in the Council. Nonetheless, it was pleased to see that Nepal had requested an extension of the mandate for a further two years. Switzerland would commit to supporting that financially. It commended the work of the Office of the High Commissioner for Human Rights in Afghanistan, which it would continue to support. In that regard, it urged all parties concerned, including the international community, to take note of the recommendations made in the report of that Office. The protection of human rights and international humanitarian law was essential to ensuring peace. The culture of impunity was not compatible with the objective of reconciliation and in most cases, with international law.

SIMA SAMAR, of Afghanistan Independent Human Right Commission, said that the Afghan Independent Human Rights Commission fully supported the report of the High Commissioner on the situation of human rights in Afghanistan. The Commission supported all national and international efforts leading to sustainable peace and reconciliation. However, they were concerned about the effectiveness and credibility of the reintegration and reconciliation strategy, as the draft of that strategy had not been consulted on with Afghan men and women, civil society institutions and particularly the victims’ families and women’s rights activists groups. Violence against women was still a growing concern in Afghanistan and due to low capability of legal and judicial organs; they had a long way to bring to justice those who were abusing women’s rights. The rampant corruption within the Government had further caused the situation where suspects of human rights and crimes against humanity were still at large and continued to enjoy impunity.

MALIK OZDEN, of Europe-Third World Centre, in a joint statement with several NGOs1, said the organizations were gravely concerned by the threat that Afro-Colombian communities had to be displaced due to a gold mining project in Colombia and a project on barriers that would flood the land. Mining licenses had been granted and several holders had asked the police to remove Afro-Colombian communities that had been working there for 160 years. The mining project now threatened 50,000 people living from gold mining and giving licenses to people external to the community was a violation of international law and Colombian legislation. Further, the International Labour Organization’s Convention 169 allowed local communities to be consulted prior to such actions. Centre Europe Tiers Monde called upon the Colombian Government to guarantee the security of members of the cooperative of miners that had been threatened by death threats and called on it to set up an independent inquiry on the killing of four leaders in the region.

ANA MARIA RODRIGUEZ, of Colombian Commission of Jurists, welcomed the publication of the annual report on Colombia that reflected the serious human rights situation in that country. The Colombian Government had promoted a culture that ran counter to human rights, through strategies to militarize civilian lives, for example by offering financial incentives to report about people that had reportedly been killed in combat. There were also instances of sexual violence, extrajudicial killings, and forced disappearances, the Colombian Commission of Jurists observed. Also, there were sufficient elements to prove that senior Government officials had been involved in illicit activities of the DAS against human rights defenders, magistrates of the Supreme Court, journalists and political opponents.

JULIE DE RIVERO, of Human Rights Watch, said Human Rights Watch was concerned that human rights had not been enough of a priority of the international effort in Afghanistan. The international community was still not prioritising the problem of impunity and the absence of the rule of law. Efforts at reforms in those areas remained slow. The report stated that 2009 had been a tough year for Afghanistan. Recent trends had shown that an already poor human rights environment could worsen there. In 2009, the Council reviewed the situation in Afghanistan. During the Universal Periodic Review, concerns had been raised about the violation of human rights, in particular a lack of progress in the fight against impunity and the need for a stronger protection of women’s rights, which should be addressed as a matter of urgency. In that regard Human Rights Watch supported a call for the creation of a Special Rapporteur mandate on the situation of human rights in Afghanistan.

JOSEPH NDAYIZEYE, of Cairo Institute for Human Rights Studies, in a joint statement, encouraged the Council and Burundi to invite an Independent Expert to visit that country. There had been improvements in the human rights situation in Burundi. Still, the Cairo Institute for Human Rights Studies called on the Council to improve the human rights situation there. It urged authorities to invite the Independent Expert on Burundi to the Council’s June session.

SHELBY MARZOUK, of United Nations Watch, said that, in light of the atrocities occurring in the Democratic Republic of the Congo, the Council should fulfil its responsibilities by holding the perpetrators to account, ending impunity and reinstating the independent human rights monitor whose mandate had been terminated by the Council two years ago. The draft resolution currently before the Council did the contrary. Would the resolution help the millions of victims in the Democratic Republic of the Congo, United Nations Watch wondered.

MALUZA WASILUADIO, of International Committee for the Respect and the Application of the African Charter on Human and Peoples' Rights, said that last week had seen the adoption of the Universal Periodic Review report of the Democratic Republic of the Congo. This had made commonplace the most deadly conflict since World War II, despite the presence of blue helmets. Any technical cooperation with the Democratic Republic of the Congo would be useless as long as neighbouring countries would continue to get the support of certain western countries. United Nations and non-governmental organization reports clearly indicated that the Democratic Republic of Congo’s mining resources were the driving causes behind the conflict. Both the names of Uganda and Rwanda were cited in these reports. Rwanda wished to balkanize the province and was trying to displace the people using rape as a tool.

MAURICE KATALA, of Action internationale pour la paix et le développement dans la région des Grands Lacs (AIPD), said the current situation in the Democratic Republic of the Congo was characterized by the complexity of a trans-boundary conflict involving Rwanda, Uganda and Burundi. That conflict had its roots in the illegal exploitation of natural resources, mercenaries, and the expansionist ambitions of Rwanda, among other factors. The refusal of the Human Rights Council to condemn the aggressive neighbours of the Democratic Republic of the Congo must be interpreted as its tacit support to those forces that aimed to block the emergence of a free and sovereign Democratic Republic of the Congo.

DAVID LITTMAN, of Association for World Education, in a joint statement with World Union for Progressive Judaism, said he had read with attention the report on Afghanistan and had noted the terrible situation of women. Mr. Littman recalled that the texts of the Great Cyrus, translated into many languages, had been considered as the first Charter of Human Rights. Shirin Ebadi had also cited the Great Cyrus in one of her speeches. The Great Cyrus, who preached religious liberty, and respect of cultures, among others, should be studied, the World Union for Progressive Judaism said.

Mr. R. K. JOSHI, of Commission to Study the Organization of Peace, said that human rights were most important for the ordinary person who had neither wealth nor power. Dignity and respect for his choice of destiny was what he craved for. A human rights discourse couched in incomprehensible terminology and enshrined in numerous documents that he could not comprehend would not improve his life. Action needed to be taken on the ground too. One also had to end the overt role of religion in matters of State.

STEPHAN CICCOLI, of European Union of Public Relations, said that the people of Balochistan had always maintained that their territory had been forcibly annexed. The people of Balochistan believed that there had been a deliberate policy of exploiting the resources of their land, only to benefit the Punjab. In the coming decades, South Asia was going to become increasingly important to the entire world. A first step would be the involvement of the Human Rights Council in the affairs of Balochistan.

MONICA PAGADOR, of International Club for Peace Research, said the International Club for Peace Research had in 2009 continued to play a lead role within the United Nations system to bolster accountability, good governance, and the rule of law. It had also worked with governments and other national actors, by providing technical advice and assistance. The family members of Gilgit Baltistan had become victims of involuntary disappearances, molestations, and brutal murder by militants and military backed tribal invaders. In that regard it requested that the High Commissioner to dispatch a Special Rapporteur to find facts on these brutalities help the families get justice.

PASCAL GYSEL, of International Institute for Peace, said the International Institute for Peace had an abiding interest in South Asia as it believed that the realization of the full potential of the countries of the region was being hampered by strife and turmoil. It was natural that one would look into the status of the different ethnic, religious and racial groups that inhabited the land. It was imperative that the Human Rights Council appoint a Special Rapporteur to study and report on the contemporary forms of slavery situation in Balochistan, the International Institute for Peace said.

RACHEL BESSONNET, of Centre for Human Rights and Peace Advocacy, said the process of globalization was meant to enrich the world. However, the past decade had shown that the unthinking implantation of western capitalist economic models by some developing countries had not only exacerbated the problem of income disparity but had also unleashed forces of resentment and disaffection, particularly in the younger generation, that could be a prelude to an upsurge of violence. Extremism, terrorism, economic disparities, and the weakening of democratic structures were challenges that needed to be addressed urgently, the Centre for Human Rights and Peace Advocacy said.


Right of Reply

HARI PRASAD ODARI (Nepal), speaking in a right of reply, noted with appreciation comments made by a number of delegations on his country. The Government of Nepal was also aware of the current deadline in the Office of the High Commissioner for Human Rights local office mandate. The Government of Nepal would reach a decision at an appropriate time in this regard. On Nepal’s army, it was disciplined and well-trained. It was also participating in United Nations Peacekeeping Missions.


Document

The report of the independent expert on the situation of human rights in Somalia, Shamsul Bari (A/HRC/13/65) says that, beginning with a big push for control of Mogadishu by hardline Islamist groups in May 2009, repeated indiscriminate exchanges of fire between all parties have resulted in numerous civilian deaths and many injured, as well as provoking tens of thousands to flee. Extreme interpretations of Sharia law by armed opposition groups and local militias has led to amputations and stoning; grave violations against women and children have been reported throughout the country, including the recruitment and use of children by all parties to the conflict; and killing, maiming and sexual and gender-based violence are also rife throughout the country.

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

SHAMSUL BARI, Independent Expert on the Situation of Human Rights in Somalia, said members of the Council would appreciate that the ground realities in Somalia did not permit the Independent Expert to visit regions in the country where human rights violations were most endemic, namely the south-central region. He could not visit the victims, talk to them, console them or share their sense of suffering and helplessness in the face of the terrible deprivations they had to endure. He could only meet and empathise with those who managed to flee the country or were displaced to safer areas within the country. He could not visit the capital and talk to Government officials, parliamentarians, members of the judiciary, law enforcement authorities or others to discuss issues relating to human rights and humanitarian law, and thus his ability to advance the mandate was very limited. Over the last two years he had visited Somalia four times. The content of the report on the human rights situation in the crucial south-central region had been largely based upon information obtained through talks with United Nations officials, civil society members and written reports. In the two years since he had assumed the mandate, he had maintained a rather optimistic view about the prospects for peace, despite escalating violence and the attendant violations of human rights and humanitarian law.

Since the Independent Expert's primary concern was the protection and welfare of the people, he would insist that efforts must continue to bring the war to an end sooner rather than later, and these efforts must be made more inclusive than had been the case so far, and should have a long-term perspective, closely involving the Governments of Somaliland and Puntland, and they should include reaching out to Al-Shabab and its allies. As long as the latter were citizens of Somalia and willing to denounce terrorism and sever relations with foreign terrorists, they should be considered as legitimate stakeholders in the future of Somalia, and a mechanism must be found for this purpose. A way must be found to include the people of Somalia in the peace-building efforts, and they must be given a sense of ownership of the process. While the Independent Expert believed that the Somali crisis should ideally be resolved by the Somalis themselves, there were good reasons for international help to stop the situation from getting any worse. Of immediate concern, however, were the increased humanitarian needs of the people, and to meet them properly, the role of the United Nations and other humanitarian agencies had assumed greater importance. By being with the people who were victims of one of the most painful and long-standing humanitarian crises of the world today, the United Nations agencies would not only be able to serve them better, but in the process perhaps contribute to an early settlement of the crisis. It was a pity that with so much violation of human rights and humanitarian law had been going on in Somalia for such a long time, and that the presence of the Office of the High Commissioner for Human Rights was virtually non-existent in the country. If it was a matter of funding, then the Independent Expert urged the international community to urgently look into this.

Statement by Concerned Country

YUSUF MOHAMED ISMAIL BARI-BARI (Somalia), speaking as a concerned country, said despite the efforts and calls of the Somali Government for an increased and timely support by the international community, initiatives in the field of technical assistance were still lagging behind and did not match the needs and expectations of the Somali Government. On a more positive note, it was worth mentioning the recent political agreement signed on 15 March 2010 in Addis Ababa by the Transitional Federal Government and the genuine Muslim Somali brotherhood organization Ahlu Sunna wa al Jamaa in line with the Djibouti peace process. Nevertheless, the challenges Somalia was continuing to face were enormous. The so-called radical Islamists, notably Al Shabab, were pursuing their political agenda by terror, violating fundamental human rights, and offending the religious sentiment of the people. While the political solution to the political crisis was in the making, the protection of the people from further human rights violations relied mainly on the implementation of the much needed technical assistance in terms of institutional capacity-building as indicated by the two resolutions of last year and by the Independent Expert. In that regard, Somalia reiterated its willingness to find the best possible ways to overcome the obstacles to the implementation of the programme in a pragmatic and constructive manner. Prevention of human rights abuses was a top priority; without it lasting peace could not be reached in the complex Somali society. As long as that programme was not fully implemented, the Somali Government did not see any viable reason to support a Special Session on Somalia.

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

JOELLE HIVONNET (European Union) said the European Union welcomed Shamsul Bari’s report and expressed its gratitude for his commitment and work over the last two years. The European Union shared his concern over the continuing human rights and humanitarian law violations in Somalia. Reaffirming its support to the Transitional Federal Government, the European Union called on all armed groups to lay down their weapons and to join in a genuine broad-based dialogue towards national reconciliation. It stressed the importance of a comprehensive approach linking security with development, rule of law, good governance and the protection of human rights. It encouraged constructive engagement from all regions of Somalia. What was the Independent Expert’s assessment on the activities of technical cooperation in the field of human rights, institution building and rule of law that were currently being carried out by the Office of the High Commissioner for Human Rights and by other United Nations entities. What priorities would he indicate in order to improve their performance. To conclude, the European Union reiterated its willingness to step up its engagement for promoting peace and development in Somalia.

MARK C. STORELLA (United States) said the report cited the tremendous problems faced by Somalia, including a dire security situation, an ongoing humanitarian crisis, and severe challenges to human rights, particularly to women and children. The United States highlighted these serious concerns and the Independent Expert's decreasing optimism about the situation and stressed the need for international support for Somalia. The United States was particularly troubled by extensive reports of Al-Shabab's summary executions and mutilations, indiscriminate shelling of civilian areas by all parties to the conflict, pervasive gender-based violence, the conscription of children into the armed conflict, and blocked humanitarian assistance. The Independent Expert should elaborate on the steps that the Office of the High Commissioner for Human Rights could take to assist the country. One of the tragedies of the ongoing conflict in Somalia had been the depletion of human capital. What could be done to address this issue?

HAMZA OMER HASSAN AHMED (Sudan), speaking on behalf of the Arab Group, said the Arab Group wished to thank the Independent Expert on the human rights situation in Somalia for his adequate and comprehensive report. The Arab Group appreciated his persistent efforts and his follow-up on the situation in Somalia and supported all recommendations. As for the suspension of humanitarian assistance, it was necessary that United Nations agencies were able to work in secure zones in Somalia. It was further important to reconfirm the necessity of increasing financial and technical assistance to Somalia, and it was high time to identify a comprehensive strategy to solve all problems facing Somalia, including piracy. What were, in the view of the Independent Expert, the major causes for not implementing the resolution on capacity building, the Arab Group asked, also wondering what were the reasons behind the non-implementation of the technical assistance programme that was supposed to be implemented by the Office of the High Commissioner for Human Rights.

LAURA MIRACHIAN (Italy) said Italy thanked the Independent Expert for his report and expressed its gratitude for his engagement and determination in bringing the attention of this Council to one of the worst and longest crises in the contemporary world. The Somalia crisis affected the whole international community. The current situation could evolve positively depending on the Transitional Federal Government’s capacity to manage the various dimensions of the crisis as well as the response of the international community. Action taken by the international community should be aimed at reinforcing that Government both at the national and local levels with technical assistance and capacity building. Italy asked the International Expert what reaction he had encouraged towards moving the hub of United Nations activities into safer parts of the country.

MOHAMMED HAIDARA (Nigeria), speaking on behalf of the African Group, said the African Group understood the difficulties faced by the Independent Expert in the discharge of his mandate, particularly the fragile security condition which made it rather impossible for an on-the-spot assessment of the situation in Mogadishu and other parts of the country. The African Group was deeply concerned about the growing number of civilian casualties resulting from counter-attacks of the opposition forces. The humanitarian and human rights situation in Somalia was of great concern to the Africa Group. In spite of some positive political developments, as indicated in the report, the continuous fighting among armed groups continued to occasion unimaginable suffering and displacement to the people of Somalia. As a result of this, thousands of Somalis were internally displaced, and many more were forced to flee to neighbouring countries. While the African Group welcomed the conclusions and recommendations of the Independent Expert, it regretted to note that insufficient mention was made about much-needed technical assistance for Somalia. The international community should intensify efforts to assist Somalia in building and strengthening its institutions of governance and provide the necessary logistical and financial support to peace-keeping missions in the country.

MARIA TODD (United Kingdom) said the United Kingdom agreed with the Independent Expert that it was essential to combat impunity and hold accountable those committing human rights violations. Addressing impunity would be key to improving the human rights situation in Somalia, not only by allowing legitimate livelihoods but also by removing a key driver of the high number of internally displaced persons. The United Kingdom believed that that should be a Somali-led process and as such agreed with the Independent Expert that an announcement by the Transitional Federal Government to banish the culture of impunity would be of paramount importance. The United Kingdom remained concerned by the increasing number of internally displaced persons caused by ongoing conflict in Somalia. As such, it welcomed the call of the Independent Expert for those African Union Member States who had pledged troops to the African Union Mission in Somalia to redeem their pledges. What mechanism could be put in place to address impunity, the United Kingdom asked the Independent Expert, also asking whether the Independent Expert believed there was scope to establish a Somali-led commission of inquiry? Further, did the Independent Expert intend to incorporate the recommendations of the local United Nations agencies into his work?

MOHAMED SIAD DOUALEH (Djibouti) said Djibouti thanked the Independent Expert on the situation of human rights in Somalia for his update and welcomed his willingness to improve awareness on the topic that remained tragic. The establishment of the Transitional Federal Government had generated enthusiasm among the Somali people. The international community should reaffirm that the peace process represented the basis for peace in Somalia. However promises had yet to be fulfilled by the international community. Djibouti called on the international community to support the Government of Somalia both technically and financially. Djibouti condemned all armed attacks on institutions of the Transitional Federal Government. It expressed serious concern on the targeting of women and children by those who killed people in the name of Jihad. Eritrea continued to provide support to armed groups in Somalia. The international community had to reengage and should not allow the peace process to fail. The benefits out weighed the costs.

SAEED AL-HABSI (United Arab Emirates) said the Independent Expert was right on what he said with regard to assistance to Somalia in terms of capacity building. Somalia was thanked for having cooperated with this difficult mission. The United Arab Emirates accepted the recommendations in the report, in particular on the role of the United Nations and its agencies in enhancing all areas relating to human rights. It also welcomed the recommendations on the duties of the international community in terms of technical and financial support to help the country build up its potential in human rights as a necessary condition to emerge from this tragic situation. The Untied Arab Emirates hoped the High Commissioner would attach due importance to the report.

HELEN HERSINGTON (Australia) shared the Independent Expert’s concern about the gravity of the situation in Somalia, one of the worst humanitarian crises in the world. Australia agreed that resolution of the conflict in Somalia was essential to relieving this human rights and humanitarian crisis and supported the Security Council’s call for all foreign actors to cease undermining the process towards peace and stability in Somalia. By contrast, Australia noted with deep concern the suspension of the World Food Programme’s operations in south-central Somalia and called on all parties to allow the safe delivery of food to vulnerable populations, particularly given the severe drought conditions in some parts of the country. Australia reiterated its support for the Transitional Federal Government and shared the Independent Expert’s view that that Government needed to demonstrate its determination and commitment to lead the country out of conflict. In all of its endeavors, the Transitional Federal Government – given its limited capacity – would require the support of its regional and international partners. Also, Australia would be interested to hear the Independent Expert’s views on which areas, beyond the security sector, should be prioritized for financial and technical support from the international community.

JENNIFER MARCOTTE (Canada) said Canada thanked the Independent Expert on human rights in Somalia for his work. It was deeply concerned by the dangerous and unpredictable human rights situation in Somalia. A recent surge in attacks had seen more civilians being killed. Still, Canada was encouraged by plans to ratify the Convention on the Rights of the Child in Somalia. Taking note of the report’s findings, Canada condemned the Al Shabab’s use of corporal punishment against women. Canada also opposed the recruitment of child soldiers. Ultimately, the peaceful resolution of the conflict was the surest means of ensuring the full attainment of human rights, rule of law and access to justice in Somalia. Canada asked what steps the Transitional Federal Government could take to end impunity.

ABDELMOHSEN AL-REFAI (Kuwait) said Kuwait reaffirmed its full support for the sovereignty of Somalia and its territorial integrity, as well as the efforts to restore stability. The international community should support the plan established by Somalia to improve the health and education sectors, particularly in the camps for internally displaced persons. There was concern for the deteriorating humanitarian situation, which increased crime and decreased security and also increased internally displaced persons. Kuwait wished to extend all aid and assistance through humanitarian loans to improve the situation and realise human rights in accordance with international instruments. The Office of the High Commissioner for Human Rights should intensify efforts to reach agreement with the Government in the field of technical assistance and also capacity-building.

GEIR SJOBERG (Norway) said it was important to have reports from the Independent Expert on a frequent basis as they were an important aspect of the overall international efforts. Norway had taken due note of the Independent Expert’s statement that the United Nations should consider moving its base into Somalia so that there was actually work done in Somalia and not only on Somalia. Norway also strongly encouraged the approach that efforts had a visible human rights component. It would welcome a clear human rights focus in the cooperation with the Transitional Federal Government of Somalia; strengthening human rights staff to make soldiers more familiar with human rights area; and follow that up in practice. Norway could associate itself with almost all statements today but despite such discussions things in Somalia had not changed but rather seemed to stay the same. Norway urged the international community to refocus on Somalia in terms of what could be done to curtail the negative impacts and would welcome a focus on what could be done to build human capacity for once the conflict was resolved. Also, Norway supported the emphasis on the role of women and stated that it had given financial support to the Transitional Federal Government to achieve results on the ground in that regard.

MUSTAFIZUR RAHMAN (Bangladesh) said Bangladesh thanked the Independent Expert for his comprehensive presentation on Somalia. However, Bangladesh regretted that he could not visit areas where violations had been reported. The report reflected a precarious human rights situation that had resulted from a prolonged military crisis in Somalia. Bangladesh agreed with most of the recommendations. Somalia had undergone turmoil for about two decades. There was no sign of progress. Extreme poverty confirmed the deepening desperate situation of the people of Somalia. The Transitional Federal Government was struggling to exert political influence and to maintain law and order. Those were a precondition for a stable country. In that regard, the international community had to bolster the hands of the Transitional Government so that it could fight insurgency and restore normalcy in the country. The morale of the people had reached its lowest ebb. Bangladesh reaffirmed its support for work on the human rights situation in Somalia.

XIANG XIN (China) said China had noticed that the Independent Expert carried out exchanges and communications with all parties, and had made some meaningful recommendations, including strengthening capacity-building, increasing the financial and technical support of the international community, and others. All parties should study the above recommendations seriously. The Somalia issue had lasted for many years, bringing about deep sufferings, and it was a serious challenge for the international community to stabilise the situation. A lasting peace was the hope of the Somali people, and was also in the interest of the Horn of Africa and the international community. China was very concerned about the situation, and had provided support, within its capacities. The international community should increase its support to the peaceful process. Key to the solution of the Somali issue was the joint efforts of all parties to reach a broad-based national reconciliation. All parties concerned should take to heart the interests of the nation and the country, cast away their differences, and work to improve the human rights situation. The international community should provide needed support to the stabilisation of the situation, and the United Nations should accelerate the implementation of the package to support the African Union Mission in Somalia. China would work with the international community and play a constructive role.

XAVIER BAERT (Belgium) said Belgium continued to be seriously concerned about the grave humanitarian crisis and the situation of general insecurity in Somalia. Numerous and gross violations of human rights and of humanitarian rights were still being committed in that country, often with impunity. Belgium was particularly concerned about attacks committed by armed opposition groups and underscored that the protection of civilians was a priority in that regard. Belgium had taken due note of the Transitional Federal Government’s significant efforts, including its recent decision to ratify the Convention on the Rights of the Child, its efforts in terms of dialogue and negotiation with opposition groups and efforts in the field of education. Belgium shared the Independent Expert’s concern about the recruitment of child soldiers, violence against women, the situation of internally displaced persons as well as attacks against journalists and human rights defenders. Belgium condemned cruel acts, such as corporal punishment, that Al Shabab had committed on the basis of an extreme interpretation of Sharia.

IBRAHIM SAIED MOHAMMED AL-ADOOFI (Yemen) said Yemen appreciated the detailed report by the Independent Expert that had sought to contribute to solutions to the situation in Somalia. For its part, Yemen had realized early on that the situation there would involve the entire country and gradually involve regional and international actors. It was also aware of the importance of the recommendations contained in the report. Yemen agreed with those, especially in terms of enhancing the role of the Transitional Federal Government. The international community must shoulder its responsibility by bolstering Somali institutions. To that end, United Nations offices should move to more secure areas of Somalia. Yemen asked in what way could the international community provide assistance to help neighbouring countries that had taken on the burden of receiving refugees from Somalia.

IDRISS JAZAIRY (Algeria) said Algeria's view on the necessity for the Somali Government to agree with the need for such a mandate to be useful had been demonstrated, as was its view of the necessary attitude of the Independent Expert, who was most effective, as he was cooperative, not arrogant, opinionated, or condescending. All representatives of the Secretary-General on this situation since the beginning had emphasised that there was no solution to the crisis other than one based on the broadest consultations; an enforcement would not do to put an end to the violence and assassination of hope. It was time to put an end to the United Nations’ involvement by remote control from Nairobi, and an office of only two people could not help. The United Nations should move to securitised areas in Somalia itself, and provide aid from within the borders of the country, moving as one. This immense tragedy brought out the linkage between civil and political rights and economic, social and cultural rights. As there was no security, the protection of the people could not be ensured, and no one could ensure their right to life or to livelihood, leading many to join terrorist groups to have a basic standard of living, leading to more violence. The international community needed to live up to its commitment to provide financial and technical assistance. Value judgements alone would not protect vulnerable groups from violence, and food aid must be restored.

ALLEHONE MULUGETA ABEBE (Ethiopia) said the human rights and humanitarian situation in Somalia remained dire. In places controlled by Al Shabab and Hizbu Islam, the civilian population was subjected to the worst cases of human rights violations including abduction, flogging, arbitrary killing, extortion and restrictions in humanitarian assistance. The Ethiopian Government had recently opened the third refugee camp in Ethiopia in Melkadida. That camp was the fifth in the country that accommodated Somali refugees in Ethiopia and Ethiopia was committed to continue providing assistance and protection to that vulnerable group. In his last report, the Independent Expert had promised to examine the human rights dimensions of Eritrea’s training and arming of jihadist groups in Somalia. The Ethiopian delegation therefore regretted that his current report had not included the promised information in that regard. Ethiopia welcomed the recent signing of the peace deal between the Transitional Federal Government and El Sunna Waljammaa. It very much hoped that Somalis would enjoy the human rights and peace dividend of that important agreement.

ERNEST SAGAGA, of International Federation of Journalists, said the International Federation of Journalists welcomed the report by the United Nations Independent Expert for Somalia. Violations of freedom of expression and freedom of the press had reached unprecedented levels due to impunity, insecurity and self-censorship. Somali media was under sustained and deadly assault. To date, 19 journalists had been killed since 2007. Somali warring sides had sought out to punish journalists that had taken an independent stance. Human rights could not be guaranteed in the absence of press freedom and freedom of expression. The International Federation of Journalists called for urgent international action to make violators of human rights accountable through international law. There could be no peace without justice and there could be no democracy without the rule of law.

PHILIPPE DAM, of Human Rights Watch, said throughout south-central Somalia civilians bore the brunt of pervasive abuses in the ongoing armed conflict. Although much of southern Somalia was now relatively stable under the control of Al Shabab, stability was accompanied by extensive repression. Civilians in Mogadishu continued to be victims of widespread and indiscriminate attacks. Human Rights Watch urged all international actors, including the Council to publicly condemn violations by all parties to the conflict. The Office of the High Commissioner for Human Rights should also increase its staff monitoring human rights abuses and ensure that regular reporting was made public. Women in particular had paid a high price and had been barred from any activities that would make them mingle with men. Human Rights Watch hoped the Independent Expert would explore ways for the Human Rights Council to better address the dramatic human rights abuses affecting Somalia’s long-suffering population.

FARTHUN ADEN, of Cairo Institute for Human Rights Studies, said as the human rights situation in Somalia continued to deteriorate, there needed to be concrete efforts in the sphere of accountability and human rights reporting on the ground. First and foremost was the current lack of human rights monitoring and documenting on the ground. Human rights defenders in Somalia were among the few actors that continued to speak out against the widespread human rights violations, and they paid a significant price for this. This reality was further aggravated by the current absence of a permanent international human rights presence on the ground, further isolating national human rights defenders, and largely obscuring the true extent and nature of the daily violations from the international community. The Council should call on key actors, notably the Human Rights Unit of the United Nations Political Office on Somalia and the Office of the High Commissioner for Human Rights to step up their current efforts to relocate to Somalia. The ongoing absence of accountability mechanisms was also alarming.

Concluding Remarks

SHAMSUL BARI, Independent Expert on the Situation of Human Rights in Somalia, in concluding remarks on the debate, said he recognized a number of key points and questions that had been raised during the debate. The Transitional Federal Government found itself in a situation where it would be too much to expect that it would do all that was recommended. The Office of the High Commissioner for Human Rights had signed a technical cooperation agreement, including training of officials, law-enforcement authorities and institutions, but in a situation where they were unable to go to Somalia, there was not much that could be done. However, the Transitional Federal Government had committed to the establishment of a national human rights institution. In order to see some progress, there was a need to visit Mogadishu and talk to the Government, and the United Nations did not have this possibility. A momentum needed to be created to ensure that, despite the situation, there was awareness that the Government was concerned about the human rights situation. Statements of the right type could play an important role in this regard, such as a visit by the Government and Parliamentarians to internally displaced person camps, to talk with internally displaced persons about their hopes. Women and youth were the worst sufferers in the crisis, and for the latter, there was no alternative but a search for livelihood, and the only place to get a good livelihood was to join the opposition forces. The international community had to sit down with the Government so that a beginning was made in this regard. By being in Somalia, the impression would be created in the minds of the long-suffering population that there were people who were with them, who supported them, and who wished to help. The Government must show, despite security concerns, that it cared for the people, and sought for their help to bring peace to Somalia.

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The second joint report of seven United Nations experts on the situation in the Democratic Republic of the Congo (A/HRC/13/63) says the human rights situation remains serious, including in areas not affected by conflict. Members of the Armed Forces, the Police, the National Intelligence Agency have been reported as being responsible for summary executions, sexual violence, torture and ill-treatment, and armed groups such as the Lord’s Resistance Army commit atrocities that amount to grave breaches of international humanitarian law and, in some instances, may also constitute crimes against humanity.

Presentation of Joint Report by Seven United Nations Experts on the Situation of Human Rights in the Democratic Republic of the Congo

WALTER KALIN, Representative of the Secretary-General on the human rights of internally displaced persons, introducing the joint report on the situation of human rights in the Democratic Republic of the Congo, said the seven mandate holders noted the cooperation of the Government of the Democratic Republic of the Congo which had received the visits of three Special Procedure mandate holders this year. However, the experts regretted not having received any response to a letter sent to the Government in 2009 requesting information on steps taken to implement the recommendations of the previous report. The experts were of the view that the human rights situation in the Democratic Republic of the Congo had not improved since their initial report and that the situation remained serious, including in areas not affected by conflict. Members of the Armed Forces of the Democratic Republic of the Congo, the National Congolese Police and intelligence forces had been reported as being responsible for summary executions, ill-treatment and sexual violence, particularly rape. It had also been reported that human rights violations had been committed by other actors, including armed non-State groups, including the Lord’s Resistance Army. The Government had been inefficient, making it difficult for partners to provide technical assistance, Mr. Kalin said, also saying it was unfortunate that the Ministry charged with protecting and promoting human rights no longer existed.

Turning to the conclusions of the seven United Nations experts on the situation of human rights in the Democratic Republic of the Congo, Mr. Kalin said violence against women, committed both by men in uniform and civilians, continued to be a serious concern; laws and practices discriminating against women were still in place and remained a root cause of violence against women; certain members of the Armed Forces of the Democratic Republic of the Congo continued to recruit child soldiers, which the Government urgently needed to tackle by an action plan; there was a risk that displaced populations could not participate in the 2010 elections; unresolved land conflicts were increasingly recognized by the Government and other actors; the lack of budget allocations for the fulfillment of human rights were reflected in several sectors; and there had been little progress in moving forward to strengthen State and civil society structures to promote and protect human rights. Mr. Kalin reiterated the applicability of existing recommendations and strongly recommended that the Government issue a standing invitation to all Special Procedure mandate holders. Since the situation in the Democratic Republic of the Congo had not improved, it was of utmost importance that the Human Rights Council continued monitoring the situation in that country on the basis of reports of the Office of the High Commissioner for Human Rights and Special Procedure mandate holders. The experts encouraged the Council to consider establishing a country mandate on the Democratic Republic of the Congo.

Statement by Concerned Country

SEBASTIEN MUTOMB MUJING (Democratic Republic of the Congo) said the Democratic Republic of the Congo had followed closely the report on the situation of human rights in the country. In its introduction and conclusion, the report had stated that in 2009 peace had returned to parts of the country whereas in other parts conflict had resumed. Such allegations were not a reflection of the reality. Experts had expressed regret that the Government had not implemented recommendations made in the first report. That was also inaccurate. The report also said that technical assistance had not been provided to the Democratic Republic of the Congo due to a lack of will by the country to ensure human rights. On the contrary, the Democratic Republic of the Congo thought it was a lack of technical assistance that had hindered attaining its country’s human rights policy. The report also alleged that the reform of the justice and security sectors had not been achieved. With regard to combating impunity over human rights violations, the Government had a zero tolerance policy. The Democratic Republic of the Congo rejected the conclusions of the report. It was obvious that rape against women and children did not exist as it did at the height of war. The drop was even sharper in areas not affected by the conflict. Contrary to the report, the Government of the Democratic Republic of the Congo was in fact fulfilling its obligation to protect internally displaced persons, yet the needs were admittedly enormous. Human rights defenders were able to carry out their activities totally legitimately. The Government thought that the Human Rights Council should not be continuously addressing the human rights situation in the Democratic Republic of the Congo.

Interactive Dialogue on Joint Report by Seven United Nations Experts on the Situation of Human Rights in the Democratic Republic of the Congo

NICOLE RECKINGER (European Union) said the European Union fully shared concerns about the deteriorating situation in the Democratic Republic of the Congo, and commended the efforts of all parties, including the Government and other stakeholders, to re-establish human rights on the ground. There was concern that the policy of intolerance of impunity was not being implemented. Despite the efforts of the Government, serious violations of the rights of the people continued. There was concern about the fact that little progress had been made in the implementation of recommendations made in the first joint report of the seven experts. How should the Human Rights Council respond to the findings and numerous recommendations of this and earlier reports to ensure more effective response to the needs of the Democratic Republic of the Congo? Several of the violations in the report occurred in areas that were not affected by the armed conflict - what efforts were being made in these areas, the European Union asked, also wondering how the international community could assist with regard to the recruitment of child soldiers, and how could the Government ensure that all internally displaced persons had the ability to participate in elections. A more action-oriented approach should be adopted in order to better support the Government of the Democratic Republic of the Congo. The European Union thanked the Government of the Democratic Republic of the Congo for its open stance in receiving mandate holders, and hoped this would continue in the future.

HELEN HERSINGTON (Australia) said Australia was deeply concerned by the experts’ finding that the fight against impunity was being undermined by the Government not implementing its declared “zero tolerance” policy in respect to certain influential individuals suspected of human rights violations. It would be interesting to hear the experts’ views on how the international community could better assist in ending impunity, noting that international technical assistance was difficult without concerted Government efforts. Also, Australia appreciated the experts’ finding of the link between ongoing violence and the illegal trade in natural resources and underscored that the Congolese Government needed to gain transparent and effective control over natural resource management and bring about an end to the diversion of profits towards armed conflict. Australia welcomed the experts’ finding that child soldier demobilization efforts continued but was concerned that certain elements within the country’s armed forces continued to use and recruit children. In that regard, Australia supported the recommendation that the Government should prepare and implement an action plan for the prevention of recruitment and use of child soldiers.

FRANCK ISOH (Nigeria), speaking on behalf of the African Group, thanked the mandate holders for their work on the human rights situation in the Democratic Republic of the Congo. The visit among others, of the Special Representative for the Secretary-General for children in armed conflict was a sign of the country’s will to cooperate in improving human rights. Nonetheless various United Nations officials had ignored improvements made in the protection and promotion of the country in human rights. That seemed even odder given that members of the Council had accepted, after adopting the Universal Periodic Review on the Democratic Republic of the Congo last week, that it had made considerable improvements in that regard. Nonetheless, the African Group welcomed the willingness of the Democratic Republic of the Congo to cooperate with thematic rapporteurs. It should be recognized that the country was a post conflict State facing various challenges.

IDRISS JAZAIRY (Algeria) said less than a week had passed since the adoption by the Council of the Universal Periodic Review report of the Democratic Republic of the Congo, and this review had been yet another opportunity for the country to inform the Council about the situation of human rights, the constraints it faced, and the efforts it was deploying to concretely remedy the situation in the field. The examination of the two reports should take into account the fact that the Democratic Republic of the Congo had shown itself to be firmly disposed to support a number of recommendations. The High Commissioner noted in her report that despite the efforts made by the Government to improve the human rights situation in the country, there were still many obstacles and challenges because of the instability in various eastern provinces. Poverty and illegal exploitation of natural resources made the situation worse. Technical assistance focused on the needs identified by the Government would help. The seven thematic procedures' report should have focused more on the ways and means which the Congolese Government could use to implement the recommendations made. The United Nations human rights mechanisms that were in the field provided an appropriate framework for the situation of human rights in the country.

OTAVIO DRUMONT CANCADO (Brazil) said Brazil shared the concern about the serious human rights situation in the Democratic Republic of the Congo and agreed with the High Commissioner that there existed a “recommendation fatigue” in the case of that country. Attention must therefore now be devoted to designing ways to implement existing recommendations. The Council should take this opportunity to develop new formats for cooperation with a view to effectively improving the situation on the ground, Brazil recommended, saying that existing practices and other United Nations fora may provide valuable examples. The Government of the Democratic Republic of the Congo nevertheless had the primary responsibility for protecting and promoting all human rights. It must therefore step up efforts to combat impunity; prevent and repress violence against women and children; protect human rights defenders; and reduce extreme poverty, among other difficult challenges. Brazil firmly believed in full engagement with the international human rights mechanisms as a way not only to monitor but, most importantly, to improve the human rights situation on the ground.

MANON BOISCLAIR (Canada) welcomed the high calibre cooperation and the willingness to engage in dialogue with Special Procedures mandate holders shown by the Democratic Republic of the Congo. Nonetheless, Canada was alarmed by reports that the human rights situation had not improved. Noting the need to work together to end impunity, Canada asked what the international community could do to encourage the Democratic Republic of the Congo to establish a zero tolerance policy in that regard. It recognized the linkage between the illegal extraction of natural resources and human rights violations of people living in the country. Canada was in favour of establishing a Special Procedures mechanism to address the human rights situation of persons partly due to a lack of improvement and persistent violations in that regard. That would among other things, aim to help eliminate human rights violations, especially those committed against women and children, the fight against impunity and the economic roots of human rights violations.

HANS DAHLGREN (Sweden) said Sweden welcomed that the Government of the Democratic Republic of the Congo had responded positively to the request of individual mandate holders, and urged the Government to issue a standing invitation to all Special Procedure mandate holders. There should be a country-specific mandate under the Human Rights Council - this was a natural conclusion, in light of the seriousness of the human rights situation in the Democratic Republic of the Congo. Such a mandate would make possible close monitoring of the situation, as well as assistance to the Government to improve the human rights situation in the country. The situation of human rights defenders in the Democratic Republic of the Congo was of great concern, as were reports of interference by Congolese authorities by interrupting radio signals, thus violating the freedom of expression and contributing to harassing human rights defenders. The experts had identified eight priority objectives for Government action, but the Government had made little progress in respect of these objectives. Sweden deplored that there were no signs of decreasing violence against women in the Democratic Republic of the Congo, and asked the experts how the international community could act more effectively and coordinate with the Government to combat the extensive sexual violence.

MURIEL BERSET (Switzerland) said the picture the experts had provided on the developments regarding the human rights situation in the Democratic Republic of the Congo was alarming. The recommendations made in the initial report had been slow to take a tangible form, on the fight against impunity, the reform of the justice and security system, violence against children as well as violence against human rights defenders and the protection of the rights of internally displaced persons and minorities. That situation could not be ignored, the Swiss delegation said, adding that it was the Council’s task to mobilize the international community to ensure the respect of all human rights in the Democratic Republic of the Congo. This situation must remain on the agenda of the Human Rights Council. Also, Switzerland welcomed the cooperation of the authorities of the Democratic Republic of the Congo and encouraged them to issue a standing invitation to Special Procedure mandate holders. Further, given the grave human rights situation, Switzerland pleaded for the creation of a mandate to follow-up the implementation of the recommendations made.

SVEN MICHELSEN (Norway) said there was broad agreement that the Government of the Democratic Republic of the Congo needed to show a stronger commitment to fulfilling its human rights obligations and that the international community should lend its support towards such an endeavour. The second joint report of the seven United Nations experts outlined the myriad challenges facing the Democratic Republic of the Congo. It drew the Council’s attention to: the fight against sexual and gender based violence; exploiting the Democratic Republic of the Congo’s vast natural resources for the benefit of the country’s population; and supporting civil society and protecting human rights defenders. No meaningful progress could be made without addressing impunity. In the near absence of functioning government institutions, Congolese civil society played a pivotal role in providing welfare to the population. Human rights defenders also played a role in defending human rights. All violations against human rights defenders must be investigated and prosecuted. Norway encouraged the Democratic Republic of the Congo to respond to the recommendations and follow-up actions proposed by the Special Rapporteurs.

HOU JANPING (China) said China appreciated the report submitted by the seven mandate holders, notably with regard to the cooperation between the Democratic Republic of the Congo’s Government and the Human Rights Council. Due to long years of war and poverty, the Government was faced with many difficulties in efforts to improve human rights. At present, the human rights situation was quite challenging, however, there had been some improvements. While fighting against the rebels, the Government should strengthen the protection of civilians in conflict zones. The Government had had a serious attitude during the Universal Periodic Review, and had made an effort to solve the issue of child soldiers, and reform the judicial system. The Government had set up a Ministry of Human Rights and a Ministry for Family, Health, and Children, reflecting the commitment for human rights, but still had to overcome a lot of difficulties to improve human rights, and China encouraged the Government to continue efforts to reform the security forces, the judiciary, and other branches, hoping that the Government would cooperate with the existing special mechanisms. China highly appreciated the positive role played by the African Union in maintaining and improving the human rights situation, and called upon the international community to provide financial and technical support to the Government of the Democratic Republic of the Congo so that it could achieve peace and security and effectively improve the human rights situation in the country.

MARIA TODD (United Kingdom) said the reports presented before the Council today provided valuable assistance to countries, such as the United Kingdom, who were committed partners to the Government of the Democratic Republic of the Congo in supporting its efforts to move forward against a difficult backdrop. The United Kingdom took careful note of a number of stark messages in the reports, including that the human rights situation continued to be of serious concern; that there had been little progress in implementing the recommendations made to the Democratic Republic of the Congo to date; and that strong concerns remained around impunity and sexual violence, particularly gender-based violence. The United Kingdom was keen to work with the Government of the Democratic Republic of the Congo as well as interested delegations to look at how the Council could express both a voice of concern and a voice of support in a meaningful way. It was the United Kingdom’s strong hope that a mechanism to address coordination of support on the implementation of human rights recommendations could be incorporated in the resolution to be adopted at this session. It also hoped that, through the resolution, the Council could deliver a clear political message to support Government efforts to tackle sexual violence and impunity.

KRISTEN MCGEENEY (United States) said the United States welcomed the comprehensive report of the Special Procedures and shared their concerns regarding the state of human rights in the Democratic Republic of the Congo. The United States was deeply troubled that the human rights situation continued to deteriorate, and by the report's conclusion that the Government had achieved little progress in implementing the prior reports' recommendations, including those targeting impunity and to protect human rights defenders. The United States was also concerned that serious abuses continued to be committed by Government security forces, and that security sector reform was seriously lagging. The report highlighted valuable opportunities for technical assistance in screening the security forces and bolstering the judiciary through joint initiatives by the Government and the United Nations so that human rights abusers would be held accountable for their crimes. The Government's lack of accountability and failure to respond to requests for information made it difficult for partners to provide related technical assistance. The United States supported the eight priority objectives outlined in the 2009 report, and agreed that fighting impunity was the number one priority, and that technical assistance was key to success on the ground, and urged the Council and the Government to strongly consider the experts' recommendation to create a country-specific special mechanism on the human rights situation in the Democratic Republic of Congo.

XAVIER BAERT (Belgium) said Belgium thanked the High Commissioner for her report, and the report of the seven experts. Belgium regretted that globally the situation in the Democratic Republic of the Congo had not improved, including with regard to the implementation of recommendations made earlier. Human rights violations, including sexual violence, committed by the security forces remained particularly of concern, as well as the persisting climate of impunity. There was further concern that this was not being followed up, despite oral commitments. Progress had been made with regard to identification and demobilisation of child soldiers, although many children remained in armed groups, where they were victims of violence and bad treatment. The Special Rapporteurs also underlined the problem of illegal exploitation of natural resources, and Belgium supported the Government's intention of putting an end to this phenomenon. The lack of progress at the legislative level made it difficult for partners to provide the necessary technical assistance, and Belgium wished to know in which areas was the adoption of legislative measures most urgent. Belgium welcomed the participation of the Democratic Republic of the Congo in its Universal Periodic Review and the numerous recommendations it adopted voluntarily, but regretted that the authorities had rejected certain important recommendations. Belgium encouraged the Government to implement all recommendations.

YUJI YAMAMOTO (Japan) said Japan shared many of the concerns and recommendations presented in the second joint report of the experts on the situation of human rights in the Democratic Republic of the Congo. It sincerely hoped that some kind of mechanism aimed at facilitating the Government’s implementation of the recommendations and coordinating the work of the Special Rapporteurs would be created in collaboration with the Government of the Democratic Republic of the Congo. The human rights situation in that country remained serious and marked by issues such as violence against women, child soldiers and impunity. Japan hoped, with the zero tolerance policy launched last year, that the Government would fully address human rights violations and the issue of impunity. While Japan understood that security was an important element, it requested that sufficient consideration be given to the safety of civilians during operations against armed groups. Japan welcomed the agreements between the Democratic Republic of the Congo, Rwanda and Zambia on the return of refugees and hoped for their steady implementation. Japan was willing to support the Government in taking the necessary steps to improve its human rights and humanitarian situation.

HILDE VAN DER MOLEN, of Femmes Africa Solidarite, said Femmes Africaines Solidarite remained concerned over violence against women and children in the east of the Democratic Republic of the Congo. It urged the Democratic Republic of the Congo to realize the implementation of a recent law on combating sexual violence. It also called on the authorities to provide a voice for women to be involved in policy making. Turning to the mining industry, Femmes Africaines Solidarite encouraged the implementation of a transparency policy to curb the illegal extraction of natural resources.

MAURICE KATALA, of Action internationale pour la paix et le développement dans la région des Grands Lacs (AIPD), said impunity, armed groups and the illegal extraction of resources had been targeted by Special Procedures as an obstacle to peace in the Democratic Republic of the Congo. The violence that was continuing today had only exacerbated human rights. Moreover, the illegal exploitation of resources and the expansionist ways of neighbours such as Rwanda had made transparency and negotiations a necessity. With regard to a protocol on illegal resource exploitation, they had agreed on a regional approach, since such acts violated the sovereignty of the State, posing a constant source of instability. To ensure lasting peace, expanding sanctions to companies involved in the illicit trade in ores and other measures would be necessary.

KATHERIN MACHALEK, of Women's International League for Peace and Freedom, said sexual violence was not cultural or traditional in the Democratic Republic of the Congo, but a consequence and a strategy of war, having been used as a tool to humiliate, destabilise and displace communities. It could not be combated without addressing the war and its root causes. The command of the army was dictated by the interest of multinational corporations active in the Democratic Republic of the Congo, and the Women’s International League denounced the strategy of some international interests to encourage armed violence in the country and provoke a low intensity war, prolonging human insecurity, humanitarian disaster and the displacement of the population. There should be restoration of the rule of law and the respect of human rights, and the international community should demonstrate the political will to end the conflict.

JULIE GROMELLON, of International Federation of Human Rights Leagues, said there was concern for the Government's clear inability of installing a vetting process allowing it to identify and eliminate from the armed forces the authors of human rights violations. There was also concern for the total impunity given to the authorities and members of armed groups when these committed violations against human rights defenders. There was repression of the latter, and a denigration campaign organised by certain Government representatives, and the Government had not provided the effective implementation of the recommendations made, nor had it taken measures to facilitate their implementation. A follow-up mechanism for the Democratic Republic of the Congo would facilitate effective implementation of the recommendations, and help to draw up a plan of action.

YAO AGBETSE, of Franciscans International, shared the experts’ concern on gender inequality and underscored that the Government of the Democratic Republic of the Congo needed to take action to combat violence against women. Legal and psychological assistance must be provided and compensation ensured. The Special Procedures mandate holders had also emphasized the need for the Congolese Government to take decisive measures to deal with economic causes of human rights violations. What measures were needed for effective State control of the export of natural resources, Franciscans International asked. Franciscans International also supported the experts’ recommendation that the Council once again examine the possibility of creating a specific mandate on the Democratic Republic of Congo.

CATHERINE BEVILACQUA, of Amnesty International, said Amnesty International welcomed the Government’s acceptance of visits by individual mandate holders. However, it deplored that the Congolese Government neither provided information on the implementation of the recommendations made in the initial report nor responded to any of the 14 urgent appeals and letters of allegations sent by Special Procedures in 2009. Amnesty International urged the Government to move from words to deeds and actually cooperate with this Council and its mechanisms. Amnesty International was also concerned that plans for a withdrawal of the United Nations Mission to the Democratic Republic of the Congo had been announced in the absence of any significant improvement of the human rights situation. That withdrawal would severely diminish the protection of civilians, Amnesty International said.

LUKAS MACHON, of International Commission of Jurists, said that members of the Armed Forces of the Democratic Republic of the Congo, the National Congolese Police, intelligence services, the Republican Guard and other armed groups had been implicated in gross and systematic human rights abuses. Action against prevailing impunity was undermined by the weak law enforcement institutions and an apparent lack of political will to arrest and prosecute high-profile suspects. Impunity was further fostered by structural deficiencies of the justice system and challenges such as interference with the independence of the judiciary. The International Commission of Jurists urged the immediate implementation of the Government’s commitment during the Universal Periodic Review to provide legal aid to victims of human rights violations.


Concluding Remarks

WALTER KALIN, Representative of the Secretary-General on the human rights of internally displaced persons, said questions focused on two topics: on how the international community, in particular the Human Rights Council, could act more effectively to support the Government; and what would be recommended on various specific issues. Technical assistance was not a one-way street; it required cooperation from both sides. There was this sort of cooperation last year when the first report was being prepared, but not this year. Some of the experts had made specific offers during the year to provide technical assistance or promote and arrange it, but there had been no response. A letter had been sent, with several reminders, to the Government, but no answer was received. The draft of the report was shared with the Government, and information could have been integrated if it had been provided by the country. On what the Council could do to more effectively support the Democratic Republic of Congo and what the experts would recommend on specific issues, this issue was being discussed under agenda item 10 on technical cooperation and assistance, and the Council should strongly encourage the Democratic Republic of the Congo to enter into a real dialogue with the mandate holders, which was a pre-requisite for the mandate holders to provide the real kind of technical assistance that the country required.


1Joint statement on behalf of: Europe-Third World Centre; International Educational Development; Movement against Racism and for Friendship among Peoples; Women's International League for Peace and Freedom; and France Libertés – Fondation Danielle Mitterrand



For use of the information media; not an official record

HRC10/044E