AFTERNOON - Human Rights Council Discusses Reports on the Philippines and the Central African Republic under Technical Assistance and Capacity Building
Hears the Presentation of Reports on Cambodia, Georgia and Yemen
The Human Rights Council this afternoon, under its agenda item 10 on technical assistance and capacity building, held an enhanced interactive dialogue on the report of the High Commissioner for Human Rights on the Philippines, and an interactive dialogue with the Independent Expert on the situation of human rights in the Central African Republic. The Council also heard the presentation of reports on Cambodia, Georgia and Yemen.
Nada Al-Nashif, United Nations Acting High Commissioner for Human Rights, presenting the High Commissioner’s report which examined the results of technical cooperation and capacity building for the protection of human rights in the Philippines since October 2020, said that the Office had been working with the United Nations Country Team, in coordination with the Commission of Human Rights of the Philippines, the Government and various civil society organizations to develop and implement a three-year United Nations Joint Programme on Human Rights in the Philippines, which provided technical assistance and capacity building for reforms in six key areas. During this period, the Government had taken some steps to pursue accountability for human rights violations and abuses. However, access to justice for victims remained elusive and victims’ willingness to engage was hampered by inadequate support and protection, and fear of reprisals.
Gustavo González, United Nations Resident Coordinator and Humanitarian Coordinator to the Philippines, welcomed commitments by the new administration to enhance implementation of the United Nations Joint Programme. However, polarisation and a deficit of trust among different actors remained a critical obstacle. He shared five recommendations which, if implemented, would contribute greatly to human rights protection and promotion in the Philippines as they moved forward together. All should recognise that the ultimate responsibility was to the victims of human rights violations and abuses, and that they should be at the centre of the work. Justice was still needed in thousands of killings in the context of anti-drug operations. Further steps should be taken towards health-centred and evidence-based treatment and preventive approaches, increasing access to services for people who used drugs. A National Human Rights Action Plan for the period 2023 to 2027 should be developed. And finally, the Office of the High Commissioner should produce a public follow-up report in two years’ time.
Jesus Crispin Remulla, Secretary of Justice of the Philippines, said the Government of the Philippines was undertaking transformational reforms of its justice and law enforcement sectors. The President had refocused the anti-illegal drug campaign, tackling the source of the problem, stating that criminal masterminds must be apprehended and punished, not small-scale users on the street. These targeted measures aimed to change the culture of the judicial and law enforcement system, which had caused delays in justice. The system was being reformed to deliver real justice in real time. Investigative and accountability processes between prosecutors and law enforcement were being streamlined, to improve the quality of the cases that reached the courts and increase chances of success in prosecution. The reforms for transformational change, for real justice in real time, would continue, and he asked the Human Rights Council and partners to listen and understand the context of the challenges on the ground.
Beda Angeles Epres, Commissioner of the Commission on Human Rights of the Philippines, said the Commission greatly welcomed the several recommendations of the High Commissioner related to the pivotal role of the Commission and civil society in the United Nations Joint Programme, the call for strengthened collaboration of the Government with the Commission and civil society, and of ensuring the continued independence of the Commission. There was a need for the Government to support and approve the Commission’s budget, prioritise and pass legislation on the Commission’s Charter, and to appoint the remaining Members of the Commission’s decision-making body.
Inez Feria, Director of NoBox, said there was a clear risk of institutionalising human rights violations under the Joint United Nations Programme for Human Rights. The question was on how to move forward, without recognising what had happened and what was happening, without acknowledging the wrongs that had been done to Filipinos, and without accountability. In many places, there was no understanding of where the violations were coming from, and actions remained punitive and repressive. There continued to be a culture of surveillance and control. The Joint Programme was a unique space where the Government and civil society could work together, but all needed to be seriously committed to create the changes it was meant for, and it should not be just a ticking-off exercise, but should really translate into capacity changes on the ground.
In the discussion on the Philippines, some speakers said that the human rights situation in the Philippines remained concerning. While recognising that many of the core human rights challenges the Philippines faced were of a long and structural nature, the continued reports of harassment, threats, arrests, attacks, red tagging against civil society actors and journalists, as well as of continued extra-judicial killings associated with the campaign against illegal drugs, the so-called “war on drugs”, in the past two years raised serious ongoing concerns. Further steps should be taken towards the protection of civic space and the enabling of constructive domestic discussions to address human rights challenges. Other speakers said that freedom of speech and assembly were guaranteed in the Philippines, pointing out the efforts made to make progress in the drug war, and the cooperation with the United Nations system. The use of international fora, including the Human Rights Council, to put any type of political pressure on the Philippines in the context of human rights was rejected.
Speaking in the discussion on the Philippines were European Union, Cambodia on behalf of the Association of Southeast Asian Nations, Saudi Arabia on behalf of the Gulf Cooperation Council, Liechtenstein, Switzerland, United Nations Children’s Fund, France, Luxembourg, Australia, Venezuela, Russia, China, Iceland, Indonesia, United States, Sri Lanka, United Kingdom, Lao People’s Democratic Republic, Yemen, Belgium, New Zealand, Japan, Brunei Darussalam, Ethiopia, Egypt, Iraq, Nicaragua, Türkiye, Lebanon, Kenya, Cambodia, Belarus, Bahrain, Viet Nam, Iran, Timor-Leste, Thailand, Azerbaijan, Cuba, Samoa, India, Bolivia, and Denmark on behalf of a group of countries.
Also speaking were Asia Pacific Forum on Women Law and Development, Dominicans for Justice and Peace - Order of Preachers, IDPC Consortium, Human Rights Watch, Franciscans International, International Bar Association, Lawyers’ Rights Watch Canada, Amnesty International, IBON.International Foundation Inc, and CIVICUS - World Alliance for Citizen Participation.
The Council then held an interactive dialogue with the Independent Expert on the situation of human rights in the Central African Republic.
Yao Agbetse, Independent Expert on the situation of human rights in the Central African Republic, said the authorities were cooperating with the mandate, and the Government was participating in the work of the Council, showing its willingness to deal with human rights issues. The strengthening of democracy was essential to ensure the recovery of the country and restore the State by ensuring it was respected throughout the country, representing a democratic and political solution to the situation. Implementation of the 117 recommendations required the resolute commitment of the authorities and technical cooperation to ensure that they took place. The international community must concentrate its efforts on the ways and means to totally dissolve the armed groups throughout the territory, and hold meetings to find solutions. A political response was also necessary, as it was contrary to the achievement of lasting peace. Challenges remained on the humanitarian level in many areas.
Arnaud Djoubaye Abazene, Minister of Justice and Human Rights of the Central African Republic, said the Government was interested in human rights issues, national reconciliation and restoring national unity and strengthening the rule of law, as well as rebuilding the security forces by stressing the republican nature of those forces. Local elections were planned for 2023 to restore local governments and ensure the participation of local inhabitants in decision making. The rule of law was being reinforced by the adoption of laws up to international standards. On transitional justice, the Government was operationalising efforts to ensure justice and reconciliation. There would be prosecutions on war crimes and crimes against humanity. Disarmament was underway, supplemented by a programme to reduce community violence, aimed at civilian populations. The Independent Expert was thanked for having reaffirmed the cooperation of the Government despite the difficult environment. There were still challenges, but together, lasting peace in the Central African Republic would be achieved.
In the discussion on the Central African Republic, some speakers said it was important to effectively implement the political agreement on peace and reconciliation and the Luanda Agreement by all stakeholders. Concern remained for the many cases of human rights violations committed, with some speakers saying that there was a need to fight against impunity and bring the perpetrators to justice, including those among the armed forces and internal security forces. Large-scale killings targeting civilians, including ethnic minorities, recruitment of child soldiers, and sexual and gender-based violence were all of great concern. The actions of the Wagner Group mercenaries, who had committed mass human rights violations and impeded the work of the United Nations Multidimensional Integrated Stabilisation Mission in the Central African Republic, were strongly condemned. There was too slow progress in reforming the judiciary; continuing impunity and the failure to deliver justice could not serve the cause of peace and reconciliation. Opening investigations into alleged violations would be the task of the authorities, a speaker said, and not of those Governments that continued to sponsor combatants in the country.
Speaking in the discussion on the Central African Republic were European Union, Belgium on behalf of the Benelux countries, Norway on behalf of the Nordic Baltic countries, Morocco, Egypt, Ireland, France, Venezuela, Russian Federation, Mauritania, China, United States, United Kingdom, Angola, Portugal, Togo, Sudan, Gabon, and Botswana.
Also speaking were the following non-governmental organizations: Christian Solidarity Worldwide, Elizka Relief Foundation, Rencontre Africaine pour la defense des droits de l'homme, and International Organization for the Elimination of All Forms of Racial Discrimination.
At the end of the meeting, Francesco Motta, Chief of the Asia Pacific Section at the Office of the High Commissioner for Human Rights, presented the report of the Secretary-General on Cambodia, the report of the High Commissioner for Human Rights on Georgia, and the report of the High Commissioner for Human Rights on Yemen. Mr. Motta noted the progress of the Government of Cambodia on advancing a number of significant laws aimed at improving human rights in the country, and encouraged authorities to ensure these laws were implemented without delay. He welcomed progress made by the Government of Georgia in creating the necessary conditions to implement the United Nations Convention on the Rights of People with Disabilities, amongst other improvements made in the country, noting with concern the lack of access by the Office of the High Commissioner to regions like Abkhazia and South Ossetia. On Yemen, he regretted that meaningful reparations for the victims of the conflict remained non-existent, and that there was no longer any United Nations mechanism tasked exclusively with monitoring and documenting violations in the country. He urged all parties to the conflict to cooperate with the Commission and grant access to all areas of Yemen.
The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s fifty-first regular session can be found here.
The Council will next meet at 9 a.m. on Thursday, 6 October 2022, when it will hear country concerned statements from Cambodia, Georgia and Yemen, after which it will hold its general debate under agenda item 10 on technical assistance and capacity building.
Enhanced Interactive Dialogue on the Report of the High Commissioner on the Philippines
The Council has before it the report of the High Commissioner for Human Rights on the Philippines (A/HRC/51/58).
Key-note Speakers
NADA AL-NASHIF, United Nations Acting High Commissioner for Human Rights, presented the High Commissioner’s report which examined the results of technical cooperation and capacity building for the protection of human rights in the Philippines since October 2020. Ms. Al-Nashif said that the Office had been working with the United Nations Country Team, in coordination with the Commission of Human Rights of the Philippines, the Government and various civil society organizations to develop and implement a three-year United Nations Joint Programme on Human Rights in the Philippines, which provided technical assistance and capacity building for reforms in six key areas. These included accountability measures; data gathering on police violations; the establishment of a follow-up mechanism; engagement with civil society; counter-terrorism; and a human-rights based approach to drug control. During this period, the Government had taken some steps to pursue accountability for human rights violations and abuses. However, access to justice for victims remained elusive and victims’ willingness to engage was hampered by inadequate support and protection, and fear of reprisals.
Ms. Al-Nashif said that in June 2020 an inter-agency panel was established to review 5,655 anti-drug operations during which deaths had occurred; however, none of the cases investigated had resulted in convictions. While official figures reflected a decrease in killings in the context of anti-drug operations, the Office continued to receive allegations of unlawful killings by members of the Philippines’ National Police. The Government took some steps towards addressing narcotic drug concerns through health-centred and evidence-based treatment, however, the overall approach remained punitive and security focused. A high number of people remained in pre-trial detention on non-bailable drug-related offences, contributing to severe overcrowding in prisons. The United Nations Joint Programme had begun to create spaces for engagement between the Government and human rights organizations. However, killings, arbitrary detention, and physical and legal intimidation of journalists and human rights defenders reportedly continued. They were often targets of “red-tagging,” a tactic used to accuse individuals of association with the Communist Party of the Philippines. The report recommended that the Government adopt legislation on human rights defenders and implement measures to protect civic space to enable them to operate safely, without reprisals.
Ms. Al-Nashif said the adoption in June 2020 of the Anti-Terrorism Act raised concerns about its compliance with international human rights law, namely its broad definition of terrorism, and that its implementation could result in violations of press freedom. The Act also contained provisions allowing for the detention without charge for up to 24 days and conferring broad powers to members of the security forces to conduct surveillance without due process. The initial progress of the United Nations Joint Programme had laid the foundation for future technical cooperation and capacity building and enhanced engagement between the Government, the national human rights institution and civil society. In the time remaining in the Joint Programme, concrete progress on accountability needed to occur. Ms. Al-Nashif urged the Council to monitor the progress and outcome of domestic and international initiatives, with a view to assessing further approaches that may be required.
GUSTAVO GONZÁLEZ, United Nations Resident Coordinator and Humanitarian Coordinator to the Philippines, welcomed commitments by the new administration to enhance implementation of the United Nations Joint Programme. However, polarisation and a deficit of trust among different actors remained a critical obstacle. He shared five recommendations which, if implemented, would contribute greatly to human rights protection and promotion in the Philippines as they moved forward together. First was recognising that the ultimate responsibility was to the victims of human rights violations and abuses, and that they should be at the centre of the work. Further efforts should be focused on strengthening support for victims and witnesses. There was a need for increased focus on providing psycho-social, legal and financial support to help victims and their families rebuild their lives, and to enable them to seek justice without fear of repercussions. Secondly, justice was still needed in thousands of killings in the context of anti-drug operations. He recommended increased urgency on the accountability agenda. Increased efforts in this area must include increasing transparency on the status of investigations and on any obstacles to achieving justice, and sustained engagement with civil society and victims.
Mr. González said thirdly, in line with commitments in the 2016 United Nations General Assembly Special Session on the world drug problem, it was recommended that further steps be taken towards health-centred and evidence-based treatment and preventive approaches, increasing access to services for people who used drugs. Moving further from the current law enforcement response to more outpatient, community and voluntary approaches was crucial, from prevention to treatment and harm reduction services. Fourth, he recommended the development of a National Human Rights Action Plan for the period 2023 to 2027. The new administration had a historic opportunity to launch an all-inclusive consultative process to set a transformative milestone in the human rights agenda. The United Nations Joint Programme could provide the required technical support.
Fifth, Mr. González recommended that the Office of the High Commissioner produce a public follow-up report in two years’ time, to evaluate changes in the human rights situation and the impact of the United Nations Joint Programme. This would allow them to take stock and look forward to next steps.
JESUS CRISPIN REMULLA, Secretary of Justice of the Philippines, said the Government of the Philippines was undertaking transformational reforms of its justice and law enforcement sectors. The President had refocused the anti-illegal drug campaign, tackling the source of the problem, stating that criminal masterminds must be apprehended and punished, not small-scale users on the street. He had emphasised the need for rehabilitation, prevention, education and assistance to victims and their families. These targeted measures aimed to change the culture of the judicial and law enforcement system, which had caused delays in justice. The system was being reformed to deliver real justice in real time. Last month, 371 persons deprived of their liberty were released from prison, and the congested prison system was being decentralised, with the aim to release 5,000 prisoners by June next year.
Mr. Remulla said investigative and accountability processes between prosecutors and law enforcement were being streamlined, to improve the quality of the cases that reached the courts and increase chances of success in prosecution. This was exemplified through the Review Panel created by the Department of Justice to re-examine incidents that transpired in the context of the Government’s anti-illegal drug campaign. Recently, at least seven incidents involving deaths were filed before the courts, for which 25 police officers had been indicted, with at least eight officers dismissed from services and five suspended. A total of 302 cases had been referred by the Review Panel to the National Bureau of Investigation for case build up. The Department was ready to provide needed support and security to witnesses, with a more comprehensive witness protection programme so that fear would not impede justice. All these concrete reforms had taken place within the first 100 days of the Marcos Administration.
The Philippines would continue to engage constructively with States, the United Nations and various stakeholders on human rights. The Philippine Commission on Human Rights was an independent Constitutional body that served as an important national human rights monitor. The United Nations Joint Programme was a partnership that supported the sovereign institutions, and ongoing programmes and policies on human rights and good progress had been made in terms of capacity building and training. The Philippines would continue to work with the United Nations Resident Coordinator and the United Nations Joint Programme Steering Committee to make its deliverables more responsive to local conditions and needs, transparent, accountable and process driven. Mr. Remulla said the reforms for transformational change, and for real justice in real time, would continue, and asked the Human Rights Council and partners to listen and understand the context of the challenges on the ground.
BEDA ANGELES EPRES, Commissioner of the Commission on Human Rights of the Philippines, said the Commission greatly welcomed the several recommendations of the High Commissioner related to the pivotal role of the Commission on Human Rights and civil society in the United Nations Joint Programme, the call for strengthened collaboration of the Government with the Commission and civil society, and of ensuring the continued independence of the Commission. Hence there was a need for the Government to support and approve the Commission’s budget, prioritise and pass legislation on the Commission’s Charter, and to appoint the remaining Members of the Commission’s decision-making body.
Mr. Epres said the Commission this year released its comprehensive report on the investigated killings in relation to the anti-illegal drug campaign. This report had also been formally communicated to the concerned government agencies in fulfilment of its constitutional mandate, with the hope that the Commission’s recommendations may be acted upon.
The overcrowding and congestion of detention facilities could not be addressed without recognising the impact of the Government’s campaign against illegal drugs, as well as the delays in the delivery of justice. Solutions to drug addiction should focus on mental health services, rehabilitation, and education. Speedy disposition of cases should be given priority, especially for those who were elderly, with consistent review of cases for eligibility of detainees for good conduct and time allowance. The Commission recognised the building blocks laid down through the United Nations Joint Programme to pave the way for long-term, structural reforms, including institutionalising respect for human rights in the bureaucracy. At the same time, it drew attention to pressing challenges pertaining to accountability for cases of human rights violations in the country in relation to the campaign against drugs. Increased visibility on the work of the United Nations Joint Programme would similarly sustain the public’s interest and keep this initiative on track. There was a need to sustain the progress made under the United Nations Joint Programme.
INEZ FERIA, Director of NoBox, said there was a clear risk of institutionalising human rights violations under the Joint United Nations Programme for Human Rights. The question was how to move forward, without recognising what had happened and what was happening, without acknowledging the wrongs that had been committed against Filipinos, while they should be facilitating accountability. In many places, there was no understanding of where the violations were coming from, and this was especially true when they spoke of treatment and health, while actions and programmes remained punitive and repressive. There continued to be a culture of surveillance and control. In the drug response, people continued to be placed on lists, and it became easy to scape goat, arrest and kill in the name of the drug response. People on the lists had been arrested, and they had heard reports that evidence was planted; it was easy to fabricate drug charges against individuals who were considered as enemies and to leave them to languish in jail.
Ms. Feria said the Joint Programme was a unique space where the Government and civil society could work together, but all needed to be seriously committed to create the changes it was meant for, and it should not be just a ticking-off exercise, but should really translate into capacity changes on the ground. The question needed to be asked: were these programmes really improving lives, or were they just placing people in more harm.
Up until now, there were no ethical standards put in place, said Ms. Feria. The Joint Programme did not exist in a vacuum. They had to recognise that there were laws that had caused overcrowding in prisons. Sections of the law were disproportionate, and people who sold infinitesimal amounts of drugs were punished for longer than those who committed homicide. The Joint Programme had to be monitored - the work was not done. If the ball was dropped now, and monitoring did not happen, the opportunity would be missed for other nations to learn from the Philippines, and to put in place opportunities and safeguards for the next generation. Civil society organizations were the ones working on the ground to create the kind of environment that truly protected human rights. None of their recommendations would work if it were still in the narrative of living in a drug-free Philippines, which narrative was only causing further human rights violations. The Joint Programme was an opportunity - it should not be just empty words, and there should be serious commitment among all those involved.
Discussion
In the discussion on the Philippines, speakers said that the human rights situation in the Philippines remained concerning. While recognising that many of the core human right challenges the Philippines faced were of a long and structural nature, the continued reports of harassment, threats, arrests, attacks, red tagging against civil society actors and journalists, as well as of continued extra-judicial killings associated with the campaign against illegal drugs, the so-called “war on drugs”, in the past two years raised serious ongoing concerns. Some speakers reminded that in 2020, the Office of the High Commissioner released a report highlighting more than 8,600 cases of extrajudicial killings related to the drug campaign of security forces of the Government of the Philippines. The United Nations Joint Programme was set up in response to these widespread and systematic killings as well as other related violations. According to the latest report, so far, only half of the technical working groups under the Joint Programme had been constituted and the Joint Programme had not yet delivered tangible results for victims and survivors, while the red-tagging against civil society actors and the drug-related killings by police continued unabatedly. Access to justice continued to be very limited, and transparency and public scrutiny in investigative processes remained a challenge.
A number of speakers said further steps should be taken towards the protection of civic space and the enabling of constructive domestic discussions to address human rights challenges. Further progress on accountability was crucial in this regard. The targeting of indigenous communities, including the closing of schools and detention of teachers, were particularly worrying. The Government should uphold its commitments to the Convention on the Rights of the Child, to end and prevent grave child rights violations and to strengthen child protection systems to protect against all forms of violence. There were reports of arbitrary detention, physical intimidation and extra-judicial killings, and the ongoing comments of the Government to strengthen domestic processes related to the rule of law and accountability were welcomed in this regard.
Freedom of speech and assembly were guaranteed in the Philippines, some speakers said, pointing out the efforts made to make progress in the drug war, and the cooperation with the United Nations system. The use of international fora, including the Human Rights Council, to put any type of political pressure on the Philippines in the context of human rights was rejected. The efforts and achievements in terms of socio-economic development and poverty alleviation progress was commended. The Office of the High Commissioner’s technical assistance should observe the principles of the United Nations Charter and avoid turning it into a tool to intervene in a country’s affairs and its political process, and should respect the country’s ownership and support its own efforts to promote human rights and constructive support on the basis of its cultural specificity.
Concluding Remarks
INEZ FERIA, Director of NoBox, said without acknowledging what was wrong first, nothing could be done, and the Government needed to take responsibility for what had happened, showing concretely their commitment to change and take reparative actions. All here had invested in the Joint Programme - they should protect the space for civil society to participate in its work. For good implementation, civil society needed to feel safe to criticise and recommend, to ensure the Government took it seriously that the goals for human rights protection were unified goals. Those who were impacted the most were primary in importance. The bar for human rights had been set too low, for example in the reduction of 1 per cent of those in pre-trial detention. The drug laws and policies, which drove the over-incarceration, needed to be amended. Efforts needed to be made to right wrongs and improve the situation for the next generation, to institutionalise human rights and not human rights violations.
BEDA ANGELES EPRES, Commissioner of the Commission on Human Rights of the Philippines, said the Joint Programme was an opportunity to make great changes. The United Nations treaty bodies mechanisms were also in place, and their concluding observations served as binding to the Philippines, who published these observations, working to implement the recommendations with the help of civil society. The Commission was hopeful that the Government would take action in a concrete manner to improve the human rights situation on the ground, such as a reduction of violence, an enforced accountability mechanism, and a safe space for victims and their families.
JESUS CRISPIN REMULLA, Secretary of Justice of the Philippines, said the Philippines had always engaged with the Council, the Office of the High Commissioner, and stakeholders to ensure the way forward. The democracy of the Philippines was empowered by a free and robust civil society. The obligations under international human rights law were sacrosanct, and violations were taken seriously. The report recognised the many strides made to strengthen domestic human rights mechanisms and frameworks, but many of the recommendations outlined were already being taken, including those on reinforcing cooperation between the security forces and civil society, and the implementation of a comprehensive victim-centric and human rights-based approach to the drug problem. Reforms to achieve real justice in real time would be unrelenting and tireless. National programmes and commitments would continue, but much remained to be done: the protection and promotion of human rights in any society was a work in progress, and the Philippines would not waver in that regard.
GUSTAVO GONZÁLEZ, United Nations Resident Coordinator and Humanitarian Coordinator to the Philippines, said one of the consistent themes today had been accountability: there was a call for improved victim- and witness-support, and improved prosecution. An important number of human rights-related processes required the involvement of the State, non-State processes, and the international community, such as the Universal Periodic Review, the visit of the Special Rapporteur on the sale and exploitation of children, which would happen soon, and others. The United Nations could play an important role, but transformation required more than technical assistance: it was a question of long-standing commitment and decisions taken by government and non-government actions, requiring all to stay the course over a sustained period of time. The work started had the potential to facilitate broader participation and progress.
NADA AL-NASHIF, Acting United Nations High Commissioner for Human Rights, said today’s discussion encouraged the new administration in its efforts to strengthen the rule of law, prevent and address human rights violations, bring changes to the culture of impunity and judicial systems, and build human rights into every stage of the reform processes underway. On the protection of human rights defenders, red-tagging remained a serious threat and must be condemned and stopped. The Government should pass new legislation on human rights defenders. There must be continued monitoring of both domestic and international initiatives, considering and assessing their impact and future approaches that might be required. On the importance of efforts to improve reporting, United Nations mechanisms were involved. The new administration’s commitment to the Joint Programme was welcomed; the Office was on stand-by and ready to support a full and effective implementation, and looked forward to renewed close cooperation.
Interactive Dialogue with the Independent Expert on the Situation of Human Rights in the Central African Republic
The Council has before it the report of the Independent Expert on the situation of human rights in the Central African Republic (A/HRC/51/59).
Presentation of Report
YAO AGBETSE, Independent Expert on the situation of human rights in Central African Republic, presenting his report, said this was the third annual report. The authorities were cooperating with the mandate, and the Government was participating in the work of the Council, showing its willingness to deal with human rights issues. The strengthening of democracy was essential to ensure the recovery of the country and restore the State by ensuring it was respected throughout the country, representing a democratic and political solution to the situation. The authorities should anticipate the election with the support of technical partners. A process of revision and re-writing of the Constitution had been initiated, and there should be a participatory process, in the interests of the Nation. The authorities should obey the decisions of the Court and ensure the protection of all involved.
Mr. Agbetse said the implementation of the 117 recommendations required the resolute commitment of the authorities and technical cooperation to ensure that they took place. The international community must concentrate its efforts on the ways and means to totally dissolve the armed groups throughout the territory, and hold meetings to find solutions. The situation remained volatile, despite the announcement of the unilateral ceasefire by the President. Since April, there had been a resurgence of violence committed by armed groups, which was a source of concern for the population. Insecurity was an effective obstacle to human rights.
On reforms in security and justice, Mr. Agbetse said the training of the security forces should further emphasise discipline, human rights, and appropriate conduct towards the civilian population. Concerning hate speech and incitement to violence, there was a proliferation of these, with disinformation and misinformation in the media and on social networks, poisoning efforts between all parties, including the Government, civil society, the opposition and the international community, impeding elections, and the authorities should support the work to deal with these cases. A political response was also necessary, as it was contrary to the achievement of lasting peace. Challenges remained on the humanitarian level in many areas. The solution to the crisis in the Central African Republic would come from a political approach, based on authentic political dialogue, producing an environment that was conducive to reform and human rights.
Statement by Country Concerned
ARNAUD DJOUBAYE ABAZENE, Minister of Justice and Human Rights of the Central African Republic, said the Government was interested in human rights issues, national reconciliation and restoring national unity, and strengthening the rule of law, as well as rebuilding the security forces by stressing the republican nature of those forces. Local elections were planned for 2023 to restore local governments and ensure the participation of local inhabitants in decision making. The rule of law was being reinforced by the adoption of laws up to international standards. On transitional justice, the Government was operationalising efforts to ensure justice and reconciliation. There would be prosecutions on war crimes and crimes against humanity. Progress was being made, with strategies for priority actions and specialised commissions dealing with gender and the protection of minors, conducting justice and ensuring reparations.
Mr. Abazene said disarmament was underway, supplemented by a programme to reduce community violence, aimed at civilian populations. Ongoing dialogue continued to be the priority to ensure the authority of the State, in a climate of easing social and political tensions. There was a Joint Roadmap with Rwanda, and efforts were also being made to look at the social dialogue, addressing the guaranteed minimum wage and extending the national reconciliation plan. On tackling impunity, the Government had taken steps to create internal mechanisms in national courts to prosecute perpetrators of serious crimes.
On respect for international and regional mechanisms on the protection of human rights, the Minister said a National Plan had been undertaken to tackle child trafficking and prevent the use of children in conflict, and a law had been adopted to remove the death penalty. The recommendations of international treaties were being followed, with the support of the United Nations Multidimensional Integrated Stabilisation Mission in the Central African Republic and other partners to build capacity in this area. The Government was setting up a mechanism to prevent torture, with the participation of civil society. The Independent Expert was thanked for having reaffirmed the cooperation of the Government despite the difficult environment: there were still challenges, but together, lasting peace in the Central African Republic would be achieved.
Discussion on the Central African Republic
In the discussion, some speakers said it was important to effectively implement the political agreement on peace and reconciliation and the Luanda Agreement by all stakeholders. The abolition of the death penalty was welcomed. Concern remained for the many cases of human rights violations committed: there was a need to fight against impunity and bring the perpetrators to justice, including those among the armed forces and internal security forces. Large-scale killings targeting civilians, including ethnic minorities, recruitment of child soldiers, and sexual and gender-based violence were all of great concern. Many speakers said the Government should continue its efforts to advance the human rights situation, and continue disarmament, demobilisation, and reintegration efforts.
A number of speakers said the actions of the Wagner Group mercenaries, who had committed mass human rights violations and impeded the work of the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic, were strongly condemned. The Government could not divorce itself from the activities of the Wagner Group. The Government should investigate all incidents, hold the guilty accountable, and ensure that the Russian mercenary groups were not able to continue their activities. The risks involved in drafting a new Constitution were noted, and speakers said it should take place in an inclusive framework, including the concerns of the inhabitants of the country. There was too slow progress in reforming the judiciary; continuing impunity and the failure to deliver justice could not serve the cause of peace and reconciliation. The Government should continue its efforts to bolster the capacity of the judicial system so that those guilty of human rights abuses could be brought to justice.
The efforts made to strengthen peace and stability were welcomed, some speakers said. International support was required to ensure that peace and prosperity grew in the Central African Republic and was maintained, including in technical assistance and capacity building. Some speakers said the Government had taken great strides in protecting human rights, including in fighting sexual violence. This article on technical cooperation was one of the bedrocks of the Council’s work, and the concerned country must approve its inclusion under this item. Some speakers said the Special Rapporteur must continue his work in the context of the code of conduct, whilst respecting the specificity, independence and sovereignty of the country concerned. Opening investigations into alleged violations would be the task of the authorities, a speaker said, and not of those Governments that continued to sponsor combatants in the country. The weapons embargo on the country must be respected. It was counterproductive to throw accusations at the country and make ultimatums.
Concluding Remarks
YAO AGBETSE, Independent Expert on the situation of human rights in Central African Republic, said he was happy to pursue the dialogue with delegations and have further exchanges. On the way that the international community could better support the Truth Reconciliation and Justice Commission, it could do so by using the experience of other similar commissions that had done similar work. The Commission should have local offices throughout the country, and be staffed so that it could discharge its mandate. Reparation was a necessary part of the work; without funds, there would be challenges in issuing these. The international community should make sure that resources were available so that when the time came, the Commission and the Criminal Court could pay reparations.
On the question on strengthening documentation on human rights violations, civil society organizations had referred to a lack of resources to undertake documentation missions - the international community should provide technical assistance and other forms of support to the civil society organizations to do this. On hate speech, the report referred to a number of different situations, and a political response was needed to reduce the number of cases. The authorities needed to take steps to reduce hate speech in the media and in social media. There should be a Government Plan of Action to implement the provisions on stopping child labour, child marriage, and combat all forms of trafficking in children. The international community must make long-term efforts to help the population of the country, which should not be the toy of geo-political games.
Presentation of Reports on Yemen, Cambodia and Georgia
Reports
The Council also has before it the report of the High Commissioner for Human Rights on Yemen (A/HRC/51/62), the report of the Secretary-General on Cambodia (A/HRC/51/63), and the report of the High Commissioner for Human Rights on Georgia (A/HRC/51/64).
Presentation of Reports
FRANCESCO MOTTA, Chief of the Asia Pacific Section at the Office of the High Commissioner for Human Rights, said concerning the work of the Country Office in Cambodia, he welcomed the growing cooperation with various Government Ministries and the Cambodian Human Rights Committee among other bodies. He also noted the Government’s progress on advancing a number of significant laws aimed at improving human rights in the country. He encouraged authorities to ensure these laws were implemented without delay. He also acknowledged the many challenges faced by Cambodia as a result of the COVID-19 pandemic, and other global headwinds. Mr. Motta regretted that a number of housing and land issues had not been resolved, and the use of violence against protesters trying to improve these situations. Continued restrictions on civic space, and attacks on human rights defenders were also problematic. He welcomed the cooperation of the Government with the Office of the High Commissioner’s Country Office in Cambodia, which would continue to offer technical support, and looked forward to the renewal of the agreement on the Country Office.
Presenting the report on cooperation with Georgia, Mr. Motta noted that as requested, the report contained key information on developments between 1 June 2021 and 31 May 2022, and concerns about developments in a number of key regions. He welcomed progress made by the Government in creating the necessary conditions to implement the United Nations Convention on the Rights of People with Disabilities, amongst other improvements made in the country. He called on Georgia to complete the investigation of the events that resulted in injuries to dozens of journalists and prevented members of the lesbian, gay, bisexual, transgender, queer and intersex community from exercising their rights of peaceful assembly in Tbilisi on 5 July 2021. He also noted with concern the lack of access by the Office of the High Commissioner to regions like Abkhazia and South Ossetia. Mr. Motta called on relevant actors to investigate all allegations of the violation of the right to life, torture and ill-treatment, and intensify efforts to establish accountability, provide redress and prevent the occurrence of similar acts in the context of Abkhazia and South Ossetia.
Moving to the report on the implementation of technical and capacity building assistance to the Yemeni National Commission of Inquiry, pursuant to resolution 48/21, Mr. Motta noted the role played supporting the efforts of the Special Envoy of the Secretary-General for Yemen to reach a renewal of the ceasefire. It was important that this held. He regretted that meaningful reparations for the victims of the conflict remained non-existent, apart from the efforts of the National Commission of Inquiry to Investigate Alleged Violations of Human Rights, and that there was no longer any United Nations mechanism tasked exclusively with monitoring and documenting violations in the country. Yemen was one of the world's worst humanitarian crisis with 23.4 million people in need of humanitarian assistance. Security and political constraints had impeded the National Commission’s ability to conduct investigations in the country, and the report presented today set out recommendations to reinforce its work. He urged all parties to the conflict to cooperate with the Commission and grant access to all areas of Yemen.
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HRC22.0115E