HUMAN RIGHTS COUNCIL REVIEWS MANDATES OF INDEPENDENT EXPERTS ON HUMAN RIGHTS IN DEMOCRATIC REPUBLIC OF CONGO AND SOMALIA

The Human Rights Council this morning reviewed the mandates of the Independent Experts on the situation of human rights in the Democratic Republic of the Congo and in Somalia. The Council also listened to the Independent Expert on Somalia present his report and held an interactive dialogue with him.

As part of the review, rationalization and improvement of mandates, Egypt, introducing the mandate of the Independent Expert on the human rights situation in the Democratic Republic of the Congo on behalf of the African Group, said that significant post-conflict political progress had been achieved in the Democratic Republic of the Congo after free Presidential elections held in 2006. With regard to security, the Government had made headway in stabilizing the situation. As regards to the mandate itself, an objective assessment of the work accomplished by the Independent Expert clearly indicated that he was unable to mobilize nor provide such assistance to the Democratic Republic of the Congo so as to support the ongoing human rights reforms undertaken by the country. The Democratic Republic of the Congo had explicitly expressed its wish not to renew the mandate of the Independent Expert and the African Group fully supported this decision.

Titinga Frederic Pacere, Independent Expert on the situation of human rights in the Democratic Republic of the Congo, said that he was saddened to hear that the African Group believed that the renewal of the mandate would be counterproductive. The prevalence of sexual violence, child soldiers, and other human rights abuses needed to be dealt with. He said he had made 150 recommendations to the Government but had not even received one confirmation of receipt. While he agreed that the international community should provide support, the Government also had to make some efforts. They had an obligation to protect their citizens. His mandate had not been unsuccessful. If nothing else, he had managed to raise awareness of the situation and made necessary recommendations.

Speaking as a concerned country, the Democratic Republic of the Congo said that any decision on mandates should be taken by taking into account principles of cooperation and real dialogue. Several factors called for a non-renewal of the mandate. On the national level, the Democratic Republic of the Congo had created new free and democratic institutions. The Government was doing everything in order to improve the human rights situation. At the international level, with the establishment of the Universal Periodic Review, the Democratic Republic of the Congo would be reviewed just like the others. Thus, the Independent Expert was no more needed. The Democratic Republic of the Congo was also continuously being reviewed through the different treaty bodies. Visits of thematic mandates would continue and would help the country improve its human rights situation.

Speaking in the debate on the mandate on the Democratic Republic of the Congo were the delegations of Slovenia on behalf of the European Union, the Netherlands, France, Switzerland, Canada, the Russian Federation, the United Kingdom, Belgium, Algeria, the United States, Norway and Sweden.

Also speaking were representatives of the International Federation of Human Rights Leagues, Human Rights Watch, International Committee for the Respect and Application of the African Charter on Human Rights and People’s Rights, Action International pour la Paix et le Développement dans la Région des Grands Lacs, Amnesty International and the Centre on Housing Rights and Evictions.

In the review, rationalization and improvement of the mandate of the Independent Expert on the situation of human rights in Somalia, Egypt, introducing the mandate of Ghanim Alnajjar on behalf of the African Group, commended the Independent Expert for the work he had undertaken during his tenure. The African Group was fully cognizant of the obstacles that had faced the Independent Expert in carrying out his mandate and expressed hope that with recent positive developments concerning the security situation in Somalia, the new Independent Expert would have the opportunity to fulfill this mandate in the most effective possible manner. The situation in Somalia had been a serious source of concern for the African continent. While being against country mandates, the African Group believed that this specific mandate was an important one and should be renewed.

Ghanim Alnajjar, Independent Expert on the situation of human rights in Somalia, speaking about his mandate, said that this mandate was incredibly vital to protecting vulnerable Somalis. More visits needed to be made in the context of this mandate. He also stressed the importance of visiting prisons. He reiterated the need for regular reporting. Finally, renewing this mandate was extremely important and would be useful in the promotion of Somalia’s stability and prosperity.

Somalia, speaking as a concerned country, said that despite the numerous amnesties and appeals for peaceful dialogue made by the President of the Transitional Federal Government, pockets of radical forces still remained to be a source of disruption and frustration toward the ongoing internal and external efforts towards political dialogue. Efforts to politically marginalize these terrorists would continue. All stakeholders were urged to ease the task of stabilizing the country and establishing the rule of law. Unfortunately, violations of human rights had been the norm in Somalia. The Government was concerned over the human rights situation. The Transitional Federal Government believed that national reconciliation and dialogue were the key components of the Government’s wider strategy to stabilize the country. The situation of long-term internally displaced persons in Mogadishu was still bad and needed to be urgently resolved.

Speaking in the review of the mandate of the Independent Expert of Somali were the delegations of Slovenia on behalf of the European Union, Italy, Switzerland, Canada and Sudan.

Also speaking was the representative of Human Rights Watch.

Earlier in the meeting, the Council heard Mr. Alnajjar present his report on Somalia and then held an interactive dialogue with him. The Independent Expert said that it was not a great pleasure for him to present his report, because there was nothing to be pleased about. Hundreds of people had been killed or had disappeared in the last months. Mr. Alnajjar said that almost six months after his last mission the situation appeared to be worse. Repeated rounds of fighting had exacerbated the human rights situation. Indiscriminate violence, attacks against civilians, arbitrary detention of human rights defenders, killings of journalists, house-to-house searches and sexual and gender based violence characterized the situation in Mogadishu. The Council should do more than just producing resolutions.

Speaking in the general debate on Somalia were the delegations of Egypt on behalf of the African Group, Canada, Djibouti, Slovenia on behalf of the European Union, Italy, the United Kingdom, Ethiopia, Yemen, New Zealand, the United States, Kenya and Sweden.

Also speaking on Somalia were representatives of Human Rights Watch and Amnesty International.

When the Council next meets at 10 a.m. on Tuesday, 25 March, it will meet in private to discuss its Complaint Procedure. Around 11 a.m., it will meet in public to hold general debates on its agenda items on the implementation of the Durban Declaration and Programme of Action and on racism and racial discrimination.




Review, Rationalization and Improvement of Mandate of Independent Expert on Situation of Human Rights in the Democratic Republic of the Congo

OMAR SHALABY (Egypt), speaking on behalf of the African Group, introducing the mandate of the Independent Expert on the situation of human rights in the Democratic Republic of the Congo, noted that significant post-conflict political progress had been achieved in the Democratic Republic of the Congo after free Presidential elections held in 2006, which provided the country with a democratic environment conducive to the promotion and protection of human rights, underpinning the political, legislative and judicial reforms undertaken by the Democratic Republic of the Congo. The Government of the Democratic Republic of the Congo had also taken serious measures aimed at promoting the realization of economic, social and cultural rights. With regard to security, the Democratic Republic of the Congo had made headway in stabilizing the situation in the country and had signed a number of agreements with the countries of the region which were endorsed by the international community. As regards to the mandate itself, an objective assessment of the work accomplished by the Independent Expert clearly indicated that he was unable to mobilize nor provide such assistance to the Democratic Republic of the Congo so as to support the ongoing human rights reforms undertaken by the country. The mandate had not offered clear prospects for improving the human rights situation on the ground and had not been of benefit to the Democratic Republic of the Congo.

The Democratic Republic of the Congo had explicitly expressed its wish not to renew the mandate of the Independent Expert and the African Group fully supported this decision. The African Group recalled that the institution building text of the Human Rights Council stated that decisions to create, renew or discontinue country mandates should also take into account principles of cooperation and genuine dialogue aimed at strengthening the capacity of Member States to comply with their human rights obligations. In view of the desire expressed by the Government of the Democratic Republic of the Congo, any renewal of the mandate would be counterproductive and would not bring about any improvement of the situation on the ground. The African Group was of the view that a joint visit to be undertaken by a number of concerned Special Procedures, as well as reporting by the Government of the Democratic Republic of the Congo on its internal human rights situation to the Human Rights Council, could enhance monitoring of the human rights situation on the ground, and would provide a more viable alternative to a mandate to which no clear achievement could be attributed. For these reasons the African Group opposed the renewal of the mandate of the Independent Expert on the human rights situation on the Democratic Republic of the Congo.

TITINGA FREDERIC PACERE, Independent Expert on the situation of human rights in the Democratic Republic of the Congo, said that he had listened to what was said by the African Group and was saddened to hear that they believed that the renewal of the mandate would be counterproductive. He was appointed by the Council to deal with the human rights situation in the Democratic Republic of Congo and he went several times to address those issues. The prevalence of sexual violence, of child soldiers, and other human rights abuses needed to be dealt with. The Independent Expert had made a number of recommendations to the Government on such issues as mobility of populations, extrajudicial killings, elections and the need for disarmament and social reinsertion programmes. He had also made recommendations concerning technical assistance and proposals on how to address the problem of impunity.

The Government of the Democratic Republic of the Congo had received information on all of the different fields affecting its human rights situation. Mr. Pacere had made 150 recommendations to the Government but had not even received one confirmation of receipt. While he agreed that the international community should provide support, the Government also had to make some efforts. When an act of sexual violence occurred, it was the responsibility of the Government. They had an obligation to protect their citizens. He had not heard, even once, that the recommendations of the Council were being taken into consideration by the Government. This did not mean, however, that the mandate had been unsuccessful. If nothing else, he had managed to raise awareness of the situation and made necessary recommendations. Regardless of what happened with respect to the mandate, he called upon the Office of the High Commissioner for Human Rights to continue consultations with the Democratic Republic of the Congo. The High Commissioner had been in the Democratic Republic of the Congo and should present a report on the situation.

Finally, Mr. Pacere said that he had asked for a minimal amount of assistance from the Government but was unable to meet with important Ministers. He once waited for twenty minutes to meet the Minister of Justice and, despite having a scheduled meeting, was eventually told that the Minister was too busy to meet with him. Again, the Independent Expert had not received any replies to his numerous requests and so if the mandate was ineffectual, the blame should be placed on the complete lack of cooperation from the Democratic Republic of the Congo and not the mandate-holder.

TITINGA FREDERIC PACERE (Democratic Republic of the Congo), speaking as a concerned country, said that any decision on mandates should be taken by taking into account principles of cooperation and real dialogue. Several factors called for a non-renewal of the mandate. On the national level, the Democratic Republic of the Congo had created new free and democratic institutions. The country was still in a post conflict situation but no more in an emergency situation with systematic human rights violations. The Government was doing everything in order to improve the human rights situation. A human rights unit had been created in the Ministry of Justice. Another step forward was the future opening of an independent national human rights commission. Steps towards the reform of security forces were undertaken. Several other steps towards the improvement of the human rights situation had been undertaken. At the international level, with the establishment of the Universal Periodic Review, the Democratic Republic of the Congo would be reviewed just like the others. Thus, the Independent Expert was no more needed. The Democratic Republic of the Congo was also continuously being reviewed through the different treaty bodies. Visits of thematic mandates would continue and would help the country improve its human rights situation. The mandate of the Independent Expert did not have necessary logistic and financial support. The actual country mandates were politicized. The mandate should not be renewed. The results were clearly insufficient. The Democratic Republic of the Congo was open for any other propositions of collaboration.

VESNA MOKOREL (Slovenia), speaking on behalf of the European Union, said that since its establishment in 1994 the mandate of the Independent Expert had proved to be a useful tool for reporting on the human rights situation in the Democratic Republic of the Congo. The European Union welcomed the initiative of the conference for peace, security and development in North and South Kivu, undertaken by the Congolese authorities in January 2008. In spite of positive developments in terms of political stabilization and institution building, much still remained to be done to promote and protect human rights in the country. Civil and political rights, as well as economic, social and cultural rights, continued to be violated. The period after the elections had shown certain political intolerance, which was shown through repression towards political opponents, through intimidation, physical violence, and arbitrary arrests and arbitrary detentions of journalists, human rights defenders and members of the opposition. Impunity prevailed in the country, due to weaknesses of the justice system, capacity building and the lack of an independent judiciary.

Economic, social and cultural rights were out of reach of most Congolese people and the situation of vulnerable groups, such as internally displaced persons, children and women remained alarming. The European Union was concerned about the ongoing and escalating violence in the eastern part of the country, in particular sexual and gender-based violence, violence against children and other serious violations and abuses. The European Union firmly believed that the Independent Expert should play a key role not only in monitoring, assisting and advising but also in engaging with donors and the international community to highlight the need for on-going and further assistance. The European Union emphasized the need for the renewal of this mandate.

MARGRIET KUSTER (Netherlands) said that the Netherlands was deeply shocked by the grave human rights situation in the Democratic Republic of the Congo, especially on what had been referred to as the “war on women”. The victims of sexual violence - women, girls and children – trusted that the Human Rights Council would ensure that the world did not look away from their incredible plight. The Council must not disgrace their trust. The Council should take its responsibility in achieving concrete improvements in the human rights situation on the ground in the eastern part of the country, as well as in other parts.

DANIEL VOSGIEN (France) stressed the importance of the work of the Independent Expert. Despite the current reforms, there was still a lot that needed to be done to strengthen the situation in the Democratic Republic of the Congo. The judiciary was not able to fight against impunity, the population was not enjoying socio-cultural rights and the situation of women was worrying. The international community should provide continuous support in the form of technical assistance to help the Democratic Republic of the Congo to assess their human rights situation. The Independent Expert should play a key role by working closely with the international community and donors. The Independent Expert’s mandate was supported.

MURIEL BERSET (Switzerland) said while the latest report of the Independent Expert noted certain progress made in the area of human rights in the Democratic Republic of the Congo, it also noted the challenges that needed to be overcome. The recent agreement signed in Goma in January this year augured well and was a sign of hope that the situation would improve in the eastern part of the country; nevertheless much work needed to be done. Women were still victims of sexual violence in the eastern part of the Democratic Republic of the Congo and children were vulnerable, were involved in the armed forces and were the first victims of this unbearable situation. Switzerland was of the view that deep change was required, as noted by the Independent Expert, especially in the area of the judiciary in order to ensure access to justice and the efficiency of the judiciary. Continuous monitoring of the human rights situation in the country was necessary in the form of technical assistance in order to improve the human rights situation in the country.

DANIEL ULMER (Canada) thanked the Independent Expert for his efforts since 2004. This mandate had helped to better understand the situation of human rights in the Democratic Republic of the Congo. The mandate of the Independent Expert allowed the Council to monitor the constant evolution of the human rights situation and also to assess the progress that had been achieved. However, the allegations of human rights violations were worrying, especially the fact that these violations were oftentimes linked to members of the armed forces and the national police services.

Canada recognized the commitment of the Congolese Government to implementing democracy and noted the progress that had been made thus far. It also congratulated the Government for the Nairobi Pact and other efforts to promote peace in the Great lakes region. The loss of this mandate would create an additional challenge to establishing peace and stability in this volatile region and as such Canada asked the members of the Council to renew this important mandate.

ALEXEY GOLTYAEV (Russian Federation) said that the Russian Federation was in favour of reaching stability in the Democratic Republic of the Congo as quickly as possible and ensuring the respect of human rights in the country. Technical assistance should be carried out with respect of countries’ request. In view of the upcoming Universal Periodic Review, such assistance should not be imposed on any country. Technical assistance and capacity building should be carried out and continued with the agreement of the country. The Democratic Republic of the Congo upon was called to develop collaboration with existing thematic Special Procedures of the Council.


HARRIET CROSS (United Kingdom) said the United Kingdom continued to be concerned with the human rights situation throughout the Democratic Republic of the Congo. Particularly critical were the levels of sexual and gender-based violence, compounded by impunity for all violations and abuses. The United Kingdom urged the Government of the Democratic Republic of the Congo, with the support of the international community, to take serious and sustained steps to tackle these problems and to promote and protect human rights throughout the country. The United Kingdom strongly believed that an Independent Expert was vital to assist and coordinate this process and to ensure that appropriate technical assistance was provided in a timely fashion. As such, the United Kingdom fully supported the renewal of the mandate.

BART OUVRY (Belgium) said that Belgium appreciated the work of the Independent Expert in highlighting the human rights abuses in the Democratic Republic of the Congo. The conditions were of serious concern. The national budget allotted for judicial reform had been reduced and this would pose a problem to addressing the serious impunity in the Democratic Republic of the Congo. Belgium would take a closer look at the draft resolution proposed by the African Group. It really wished that the Council could achieve consensus on renewing this mandate as it was never meant to provoke the Democratic Republic of the Congo but was established to help the Government address very real human rights violations.

MOHAMMED BESSEDIK (Algeria) said that Algeria was pleased about the adoption of the Universal Periodic Review in order to avoid selectivity and politisization. In its report, the Independent Expert had stressed some weaknesses of the Democratic Republic of the Congo, while not clearly highlighting the progress made by the country. This excessive concentration of weaknesses had resulted in an unbalanced report and had not focused on the assistance the international community should provide to help the process.

MICHAEL S. KLECHESKI (United States) said the United State reiterated its strong support for the mandate of the Independent Expert for the human rights situation in the Democratic Republic of the Congo. The Independent Expert’s findings reflected in his report demonstrated the urgent need for continued engagement by the international community. The United States welcomed the extensive interaction of the Congolese authorities with Mr. Pacere in his November/December visit. The report noted that some steps had been taken concerning the climate of impunity, but much more had to be done. Given the continued situation in the Democratic Republic of the Congo, the United States strongly urged the Council to continue this important mandate.

VEBJORN HEINES (Norway) said that Norway appreciated the statement by the Democratic Republic of the Congo, in particular for its openness to cooperating with the United Nations and the international community. The mandate had been useful to monitor the situation of human rights on the ground and it recognized some of the improvements that had been made. However, the growing escalation of violence in the eastern part of the country was of concern. Norway sincerely hoped that a consensual solution could be found with regards to the renewal of this particular mandate.

CHARLOTTA SCHLYTER (Sweden) said that the Democratic Republic of the Congo had made significant improvements but there were still many challenges. The problem of impunity and the situation of women were of concern. How did the Independent Expert believe that his mandate could help assist the Democratic Republic of the Congo in this regard?

PAUL NSOPU, of the International Federation of Human Rights League, in a joint statement with World Organization against Torture, expressed deep concern over the human rights situation in the Democratic Republic of the Congo and about the climate of impunity that prevailed. Given the continuing human rights situation in the country, the mandate should be extended. Recent confrontations had led to hundreds of deaths in both the east and west of the country. The independence of justice had also been called into question. In light of this alarming situation, the Human Rights Council was asked to renew the mandate of the Independent Expert and to provide him with the necessary assistance to conduct his work.

JULIE DE RIVERO, of Human Rights Watch, said that numbers told a story of horrible suffering in the Democratic Republic of the Congo. Since 1998, an estimated five million people had died from war-related causes, the highest death toll since World War II. At least 60,000 women had been raped, making the conflict unique for the scale of sexual violence. In one province alone, 4,000 of the rape victims were children. Moreover, an estimated 30,000 child soldiers were still serving in various armed forces. Even though Human Rights Watch applauded the signing of the Goma ceasefire agreement, it recognized the continued fragility of this and other agreements. Given the gravity of abuses throughout the country, the Human Rights Council should not limit its concern to specific themes of regions but must retain the country mandate in order to remain seized of the situation throughout the country. Finally, while looking to the Government of the Democratic Republic of Congo to end these abuses, the Human Rights Council must not back away from its engagement on behalf of the people of the Congo.

MALUZA WASILUADIO, of the International Committee for the Respect and Application of the African Charter on Human Rights and People’s Rights, said that, in light of the alarming situation of human rights violations in the Democratic Republic of the Congo, the International Committee strongly recommended the renewal of the mandate. This was the only way to deal with the shortcomings of the authorities of the Democratic Republic of the Congo. There was a bloody repression in the country. The mandate of the Independent Expert should benefit from support and encouragement by the Human Rights Council and the whole international community. Despite the past elections, violence against women and human rights defenders had continued with total impunity.

MAURICE KATALA, of Action internationale pour la paix et le développement dans la région des Grands Lacs (AIPD), recalling the holding of the conference for peace in North and South Kivu, said that afterwards the Special Representative of the Secretary-General noted that despite progress, stability in the region was fragile and could blow up at any time. The organization and its associates were of the view that the mandate of the Independent Expert should be maintained, improved and strengthened. A programme of technical assistance concerning impunity should be set up and a centre should be set up to reintegrate child soldiers. Action Internationale called for the creation of a committee to work with other United Nations bodies to cover the needs of all victims of the conflict. It also recommended that an international conference be convened with participation of the Independent Expert and all States in the region to address the human rights situation in the country.

DANIELE VANNUCCHI, of Amnesty International, said that in 2004, the Special Rapporteur on the Democratic Republic of the Congo was replaced with an Independent Expert to focus on advisory and technical services. This was an acknowledgement of the expressed readiness of the Government to address human rights violations. However, it also contributed to an erroneous impression that the human rights situation in the country was no longer dire. The human rights situation in the Democratic Republic of Congo continued to be extremely grave. Unlawful killings, arbitrary arrests and detentions, torture and other cruel, inhuman and degrading treatment by the security forces and armed groups were common across the country. Rape by members of security forces and armed groups had continued on a large scale. Humanitarian needs remained acute nationwide with more than 1.4 million people displaced by the conflict. For these reasons, Amnesty International called upon the Council to extend the mandate of the Independent Expert and would welcome additional reinforcement of its ability to advise and inform the Council about the human rights situation in the Democratic Republic of the Congo.

CLAUDE CAHN, of the Centre on Housing Rights and Evictions, expressed grave concern over the proposed non-renewal of the mandate of the Independent Expert on the situation of human rights in the Democratic Republic of the Congo. 1.4 million people were reportedly displaced in the country and extreme gender violence had also been reported. Displaced persons found themselves in a situation of extreme vulnerability. Many of the displaced persons had no access to humanitarian assistance provided by the international community because of security concerns. The public sector was dysfunctional. It would be inappropriate to end the mandate of the Independent Expert.

TITINGA FREDERIC PACERE, Independent Expert on the situation of human rights in the Democratic Republic of the Congo, in concluding remarks, said if the mandate was maintained it was important that it be provided with minimal assistance and support in order to deal with all the issues. Despite what he said at the beginning of the meeting about his appointment with the Minister of Justice, he wished to underline that he was well received by Government officials, such as the Ministers of Interior and Defence, who provided him with all the required information.

TITINGA FREDERIC PACERE (Egypt), speaking on behalf of the African Group, wrapping up the debate, said that the comments from the delegations were duly noted. The African Group reiterated that it held Mr. Pacere in high esteem and all of the work that he had done in the context of his mandate. The question was not one of performance but of the output of his mandate. The purpose of the mandate was not merely to report but to improve the human rights situation on the ground. The mandate-holder had faced difficult situations and the international community had not provided as much assistance as was needed. While a number of positive recommendations had been made by the Independent Expert, many of them were simply not implementable given the existing political and economic conditions.

Egypt mentioned again that the Government of the Democratic Republic of the Congo had expressed its wish not to renew the mandate of the Independent Expert and, with a view to improving their capacity, the Council needed to take into consideration their wishes and concerns. No one was denying the challenges in the Democratic Republic of the Congo. No one was saying that there were no human rights violations. On the contrary, the situation was concerning, especially in the eastern part of the country. Special thematic mandates, including the Special Representative of the Secretary-General on children and armed conflict, would continue to visit the Democratic Republic of the Congo to monitor the situation. The African Group therefore believed that this alternative proposal would better address the human rights situation in the country and hoped that it received approval from the members of the Human Rights Council.

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The Council has before it the report of the Independent Expert appointed by the Secretary-General on the situation of human rights in Somalia, Ghanim Alnajjar (A/HRC/7/26), which notes that in 2007 Somalia witnessed intense and repeated rounds of fighting between Ethiopia military/Somali forces and insurgent groups, particularly in the capital city of Mogadishu. It was also a year of political deadlocks and fragmentation for the Transitional Federal Institutions. These conflicts further weakened the fledgling Transitional Federal Institutions and fostered an environment of impunity resulting in a marked deterioration in the already dire human rights situation in Somalia, which for almost two decades has been marked by widespread insecurity, extrajudicial killings and disappearances, arbitrary arrests and detentions, threats to freedom of opinion and expression, violations of the human rights of women, children and minorities, and infringements on economic, social and cultural rights. Despite the deterioration in the past year, the Independent Expert noted optimism surrounding the appointment of the new Special Representative of the Secretary-General and the continued commitment among the Resident and Humanitarian Coordinator, Eric Laroche, and United Nations Country Team to continue working together on the difficult issues of Somalia. He also noted very small, yet incremental changes in terms of human rights awareness and knowledge, if not human rights compliance, were taking place in pockets around Somalia. The international community is encouraged to continue to support the Transitional Federal Government and Somali civil society, especially technical and financial support in order to establish independent national institutions, protect internally displaced persons, establish and uphold the rule of law and protect economic, social and cultural rights. The Transitional Federal Government and Transitional Federal Institutions are urged to make decisions and take actions, with the meaningful inclusion of women, minorities and civil society that promote and protect human rights in Somalia.

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

GHANIM ALNAJJAR, Independent Expert on the situation of human rights in Somalia, said that it was not a great pleasure for him to present his report, because there was nothing to be pleased about. Hundreds of people had been killed or had disappeared in the last few months. Most of them were not known and it was difficult to find their names. One example of the situation of human rights in Somalia that was not being highlighted in the media was what was called the “boat people”. People were trying to escape Somalia to Yemen crossing the sea on boats. This was very dangerous and when asked why they were doing this people answered that for them it was either crossing or dying. Last year, more than 300 people had died while trying to cross to Yemen.

Mr. Alnajjar said that almost six months after his last mission; the situation appeared to be worse. Repeated rounds of fighting had exacerbated the human rights situation. Indiscriminate violence, attacks against civilians, arbitrary detention of human rights defenders, killings of journalists, house-to-house searches and sexual and gender based violence characterized the situation in Mogadishu. In February of 2007, the Security Council had authorized the deployment of an African Union Force. Only one-third of the planned force had been deployed. The situation in Somalia was one of the worst. People there were suffering and dying every day. More attention should be given by the Council, more than just producing resolutions. Resolutions were not bringing anything to the situation on the ground. The international community should support the Somalia society in order for peace and security to prevail.

Mr. Alnajjar also urged the international community to provide technical support in order to strengthen civil society. It was also highly needed to establish national human rights institutions. Other short-term recommendations included that the United Nations should strengthen its support to the Transitional Federal Government; the United Nations and the Somali authorities had to increase their efforts to address the needs of internally displaced persons. The international community should also support the implementation of Somali Reconciliation Congress resolutions. In case that a United Nations mission was authorized, it should include a human rights component. It was also noted that there was currently no human rights presence in the country. It was urgently needed to bring such a presence there.

Interactive Dialogue on Situation of Human Rights in Somalia

MONA EL BAHTIMY (Egypt), on behalf of the African Group, reiterated the African Union’s full commitment to continuing its serious efforts that aimed at supporting the Somali-led endeavors towards reconciliation and stability. The situation in Somalia had been a serious source of concern for the African continent. The African Group had decided to present its initiative on Assistance to Somalia in the field of human rights during the present session of the Human Rights Council. It was the firm conviction of the African Group that all parties in Somalia should refrain completely from all acts of violence and from engaging in hostilities and at the same time should fully respect their obligations under international human rights and international humanitarian law, as these were indispensable preconditions to achieve peace and stability in Somalia and hence to improve the human rights situation in the country.

The African Group was of the view that development and humanitarian assistance were of paramount importance to alleviate poverty and to promote a more peaceful, equitable and democratic society in Somalia. The African Group supported the Independent Expert’s call for the provision of technical and financial support to Somalia in order to establish independent national institutions, protect internally displaced persons, establish and uphold the rule of law and protect economic, social and cultural rights of the Somali people. The African Group commended the efforts of the Independent Expert and encouraged him to further maximize the provisions and the flow of technical assistance to Somalia in the field of human rights in order to enable the people of Somalia to fully enjoy their human rights.

JULANAR GREEN (Canada) said that Canada commended the Independent Expert for his comprehensive and insightful report. The situation in Somalia was rendered difficult and complex by the ongoing insecurity and violence, a lack of political reconciliation and incomplete governance. The denial of humanitarian access and frequent attacks on aid workers were also an ongoing challenge. Canada therefore called upon all parties of the conflict to respect international humanitarian law and to ensure safe and unhindered access to humanitarian aid workers to best assist those in need. Canada shared the Independent Expert’s concern on acts of violence against journalists and hoped that the role of the media and freedom of expression could be respected. In one final question to the Independent Expert, how could countries like Canada support his recommendation for the establishment of an engagement mechanism for the United Nations to address humanitarian and human rights issues with Transitional Federal Institutions?

MOHAMED-SIAD DOUALEH (Djibouti) said that in Somalia, virtually every right was violated for the Somalis. The Council was called upon to conduct a serious consideration of the situation. There was a need to establish a human rights presence in the country. The Independent Expert was thanked for his tireless efforts.

ANDREYA KORINSEK (Slovenia), speaking on behalf of the European Union, said in view of the latest events and positive signals following the July 2007 National Reconciliation Congress, the Independent Expert was asked which concrete steps he would recommend for the international community and regional actors to advance in the respect for human rights and what role he envisaged for the Office of the High Commissioner for Human Rights. As to the situation of the human rights of women in Somalia, he was asked what measures he would recommend to improve the protection of the human rights of women and to enhance their participation in the political process. He was also asked what concrete steps could be taken to prevent and stop the massive internal displacement and tragic phenomenon of mixed migration, including the smuggling of people. He was also asked for his views as to what would be the most effective ways of enabling humanitarian actors to assist the Somali population, particularly vulnerable groups, in light of the situation of humanitarian workers and human rights defenders who were often victims of widespread harassment.

ROBERTO VELLANO (Italy) said that the situation on the ground in Somalia remained very complex and volatile. As mentioned in the report of the Independent Expert, this war-torn country required specific attention and long-standing programmes, both at the humanitarian and at the human rights level. Italy reiterated its support to the Transitional Federal Authorities in restoring security, peace and stability and expressed its confidence in an all-inclusive national reconciliation process leading to national elections in 2009. It also asked the Independent Expert to elaborate further on the situation of the protection of children’s rights in Somalia. More specifically, Italy wished for a specific update about Somali street children, who were the most exposed to recruitment in armed militia groups.

MELANIE HOPKINS (United Kingdom) said that the United Kingdom was extremely concerned about the situation in Somalia. All parties were called on to focus their efforts on the human rights situation on the ground. All steps should be taken to protect citizens. The Office of the High Commissioner for Human Rights could play a strong role. Impunity should be tackled as well as the situation faced by journalists.

ALLEHONE MULUGETA ABEBE (Ethiopia), speaking in response to the numerous assertions and allegations incorporated in the report of the Independent Expert, some of which pertained to the conduct of Ethiopian troops who were stationed in Somalia upon an official request for assistance by an internationally recognized government, said Ethiopia was gravely disappointed by the Independent Expert’s decision to incorporate allegations against Ethiopia without any effort on his part to seek the views of the Ethiopian Government on these allegations. It was regretted that the report failed to verify and confirm these allegations. Regarding the number of internally displaced persons in Somalia, the Independent Expert failed to present an accurate figure and hesitated to indicate the challenge of presenting balanced data.

IBRAHIM SAIED MOHAMED AL-ADOOFI (Yemen) said that the situation was tragic in Somalia. There was an urgent need to restore peace and there was an enormous responsibility on the international community to promote these peace efforts. Yemen had tried to do its best to absorb refugees from the conflict. In fact, some 750,000 Somali refugees were now living in Yemen. Ninety per cent of refugees who arrived to Yemen by sea were Somali, demonstrating the severity of the conflict. The Republic of Yemen had never shirked its humanitarian obligations and hundreds of thousands of Somali brothers were scattered throughout Yemen and enjoyed the same rights offered to Yemeni citizens. In conclusion, Yemen urged the Council to shed light on this situation and to address the invisibility of Somalia’s victims.

RICHARD KAY (New Zealand) said that all parties in the conflict in Somalia had violated human rights. It was distressing to see the continuing impact the situation had on the civilian population, in particular the targeting of humanitarian workers. The African Union Mission in Somalia was welcomed. The efforts of the Secretary-General to deploy a possible United Nations mission were also welcomed.

MICHAEL S. KLECHESKI (United States) said the United States appreciated the report of the Independent Expert and his comments. Somalia in 2007 saw repeated surges of violence and a deteriorating security situation due to the continuing violence. Most of these difficulties were caused by fighting, but hijackings and targeting of aid workers also contributed to these difficulties. Journalists also worked under constant threats. The United States strongly supported this mandate.

JEANNETTE MWANGI (Kenya) said that Kenya firmly believed in the principle of good neighbourliness. Kenya bore a heavy burden because of the conflict in Somalia and was actively engaged on a bilateral, regional and international level to resolve the humanitarian conflict there. The Kenyan Government therefore called for a more concerted effort from the international community to support the restoration of political stability and to extend support to the current transitional Government.

JAN NORLANDER (Sweden) welcomed the cooperation of the transitional authorities with the Independent Expert. It was distressing that the human rights situation had further deteriorated. What measures would the Independent Expert suggest for the training and support for investigations of the security forces?

JULIE DE RIVERO, of Human Rights Watch, said Human Rights Watch was deeply concerned about the scale of the violations of international human rights and humanitarian law affecting the civilian population in Somalia. Somali civilians had suffered greatly from targeted and indiscriminate armed attacks, mass detentions, and enforced disappearances. The international community had failed to give sufficient attention to both the nature of this human rights crisis and possible solutions to it. Given the gravity of this crisis, Human Rights Watch was of the view that the Council should hold a full day dedicated to Somalia, during which the Independent Expert, representatives of the Transitional Federal Government of Somalia, United Nations and humanitarian agencies, civil society and other relevant stakeholders could brief the Council on the realities on the ground and the particular human rights challenges facing Somalis.

ANITA GOH, of Amnesty International, said that insufficient attention was being paid by the international community to the inter-linked human rights and humanitarian crisis in Somalia, currently one of the worst in the world. In the near-total absence of the rule of law and effective institutions of governance, over 6,000 civilians were killed in the last year. Over a million were now internally displaced, including at least 600,000 who fled Mogadishu in the past year. Women and girls, as well as journalists and human rights defenders had been frequently subjected to unlawful killings, sexual violence, arbitrary detention or pillage perpetrated with impunity. Amnesty International requested that the international community allocate sufficient resources to the Office of the High Commissioner for Human Rights to monitor and report on the situation of human rights. Finally, it also urged that the African Union’s Mission in Somalia (AMISOM) and any succeeding United Nations peace-keeping mission be mandated to protect civilians, particularly women, children discriminated Somali minorities and internally displaced persons.

Concluding Remarks

GHANIM ALNAJJAR, Independent Expert on the situation of human rights in Somalia, in concluding remarks, expressed his appreciation over the good will of delegations and the good words he had received. On the only attack about his report by the delegation of Ethiopia, he said that if he had wanted to put allegations in his report, he would have had plenty more to put as there were many allegations. The information he was putting in his report had been thoroughly checked. On the question about what support was needed, he said that there were several success stories. There was now a police academy in Somalia which was doing a very good job. On awareness and protection of women, it all was dependent on the presence of an independent human rights entity. Only then could they start dealing with the human rights situation. One issue was education; the level was too low. There was a need to invest in creating schools in safe and secure places. He supported the idea of having a Special Session on Somalia. The international community was urged to put more support to bring Somalia out of this situation. People had been dying in the country for eight years and all the Council was doing was to produce resolutions.

Review, Rationalization and Improvement of Mandate of Independent Expert on the Situation of Human Rights in Somalia

MONA EL BAHTIMY (Egypt), speaking on behalf of the African Group, introducing the mandate of the Independent Expert on the situation of human rights in Somalia, said the African Group commended the Independent Expert for the work he had undertaken during his tenure. The African Group was fully cognizant of the obstacles that had faced the Independent Expert in carrying out his mandate and expressed hope that with recent positive developments concerning the security situation in Somalia, the new Independent Expert would have the opportunity to fulfill this mandate in the most effective possible manner. The situation in Somalia had been a serious source of concern for the African continent. While maintaining its principles position vis a vis country mandates, the African Group had decided to include a provision in its initiative on Assistance to Somalia in the field of human rights renewing the mandate of the Independent Expert, given the willingness of the Somali authorities to accept this measure, and in the view of the exceptional circumstances and challenges facing the country since the early nineties. The African Group encouraged the new mandate holder to further maximize the provision and the flow of technical assistance to Somalia in the field of human rights in order to enable the people of Somalia to have the full enjoyment of their human rights. The African Group also stressed its position that regardless of the titles of various mandate holders, their selection would have to conform fully with the relevant provisions of the institution building text of the Human Rights Council.

GHANIM ALNAJJAR, Independent Expert on the situation of human rights in Somalia, on the review, rationalization and improvement of his mandate, said that this mandate was incredibly vital to protecting vulnerable Somalis. More visits needed to be made in the context of this mandate. He also stressed the importance of visiting prisons. If you wanted to know the quality of life in a country, you went to prisons not to hotels. He was lucky he had the mandate to visit prisons. Some prisoners that he had met with were prisoners of war from a conflict that had occurred over a year and half ago. While they were totally neglected and forgotten about, he was able to get them released because of his numerous and frequent visits. The next mandate-holder would have to continue these frequent visits and take risks.

Mr. Alnajjar also reiterated the need for regular reporting. If someone was paying regular visits, people felt safe. Almost 100 per cent of Somalis watched BBC Somalia and so he always made a point of addressing human rights issues on that particular television station. Finally, renewing this mandate was extremely important and would be useful in the promotion of Somalia’s stability and prosperity.

YUSSUF MOHAMMED ISMAIL BARI-BARI (Somalia), speaking as a concerned country, said that he would prefer not to go into the history of the Somali conflict as all were well aware of its history. Despite the numerous amnesties and appeals for peaceful dialogue made by the President of the Transitional Federal Government, pockets of radical forces still remained as a source of disruption and frustration toward the ongoing internal and external efforts towards political dialogue. Efforts to politically marginalize these terrorists would continue. The Transitional Federal Government had taken a series of security measures that had yielded some positive results. All stakeholders were urged to ease the task of stabilizing the country and establishing the rule of law. Unfortunately, the violations of human rights had been the norm in Somalia. The Government was concerned over the human rights situation. It had established an independent and impartial national human rights commission. This body was created to investigate war crimes and crimes against humanity. The Government attached top priority to issues of security and reconciliation. The Transitional Federal Government believed that national reconciliation and dialogue were the key components of the Government’s wider strategy to stabilize the country.

The other major issues confronting the Transitional Federal Government were the completion of the draft Federal Constitution, the organisation of a national referendum and the establishment of a national electoral commission. The Government was fully aware of its obligations under the Transitional Federal Charter. Somalia wanted to establish a rule based society in which the rights of individuals were respected. A judicial system based on the Charter had been put in place and was working despite many hardships. The Government had also embarked on a rapid disarmament, demobilisation and reintegration programme with little or no funding from the international community. The Government was committed to build up the new security force. The civil war had profoundly affected the Somali people. It had displaced millions of Somalis either as refugees or internally displaced persons. The situation of long-term internally displaced persons in Mogadishu was still bad and needed to be urgently resolved. Many of them were occupying Government buildings. The Government was trying to relocate these people, with limited assistance from the international community. The Government was ready to provide the necessary facilities towards the achievement of the humanitarian goals. Somalia appealed to the international community to help with the recovery development programme.

ANDREYA KORINSEK (Slovenia), speaking on behalf of the European Union, said the European Union was perfectly aware of the fluid and volatile situation in Somalia and of all the difficulties that Somali authorities were facing. The European Union had closely followed the latest developments in the country, including the National Reconciliation Congress, the appointment of the new Prime Minister and the Transitional Federal Government plan of action that should pave the way to free elections in 2009. The European Union believed that, within this framework, the new mandate holder would be able to raise awareness of the human rights standards and their implementation, contribute to the establishment of a self-standing field presence of the Office of the High Commissioner for Human Rights and facilitate the launch of human rights assistance programmes. The European Union shared the concerns of the Independent Expert about the dire situation of human rights in Somalia.

The situation in Somalia had, for almost two decades, been marked by widespread insecurity, extrajudicial killings and disappearances, arbitrary arrests and detentions, torture, threats to freedom of opinion and expression, violations of the human rights of women, children and minorities, and infringements of economic, social and cultural rights. The European Union hoped that the latest political developments would allow for an improvement of the living conditions of the Somali people and would facilitate a specific engagement, by the Somali Transitional Federal Government, in following up on the indications contained in the last report submitted by the Independent Expert. For these reasons the European Union believed the mandate of the Independent Expert should be renewed. The Independent Expert was also asked for any suggestions that could enhance the effectiveness of this mandate.

ROBERTO VELLANO (Italy) expressed Italy’s sincere appreciation for the initiative that the African Group had undertaken to present a draft resolution on the human rights situation in Somalia under agenda 10, which included the renewal of this mandate. The situation in Somalia had been and remained in great need of international attention, both in terms of monitoring and providing cooperation and technical assistance in the field of human rights. Somalia was still facing a number of problems and huge challenges to restore peace and stability. The delegation believed that it was vital to commit itself towards the improvement of the situation and it was in this context that Italy firmly supported the renewal of the mandate. Finally, he also welcomed the fact that a Representative of Somalia, Ambassador Yusuf, had come to speak to the Council. His presence was a clear indication that it was time to collectively pursue the goal of supporting Somalia and advance the effective protection of human rights through a common and consensual approach.

ANH THU DUONG (Switzerland) said that the situation in Somalia remained alarming. The humanitarian needs of displaced persons were not covered. There was still much to do in the field of justice and freedom of expression. The reinforcing of the presence of the High Commissioner for Human Rights was supported as well as the renewal of the mandate of the Independent Expert.

TERRY CORMIER (Canada) said Canada was deeply concerned about the security and humanitarian situation in Somalia. A political solution must be found to solve this situation as well as the continuing displacement of persons. As the Independent Expert’s report pointed out, the persisting human rights violations would be alleviated through the involvement of all stakeholders in Somalia. The effective implementation of the United Nations and African Union programmes would improve the situation in Somalia. The international community was helping to continue efforts to improve diplomatic channels, but it was ultimately up to the Somali people to take the political situation in their hands and to ensure the full enjoyment and respect for human rights in the country. The provision of humanitarian aid and development in Somalia was a priority. Human rights must come at the top of the agenda of the Transitional Federal Government. Canada fully supported the renewal of this mandate.

ABDUL DIEM ZUMRAWI (Sudan) said that Sudan supported the work of the mandate-holder and wished to express its commitment to promoting peace in Somalia. Furthermore, Sudan encouraged all regional efforts to restore peace and normalize relations. In order to develop an effective human rights record in Somalia, Sudan reiterated that it was incredibly important to support Somalia, especially in terms of technical cooperation, so that it could urgently and effectively deal with the situation of internally displaced persons within its territory.

JULIE DE RIVERO, of Human Rights Watch, said that civilians had borne the brunt of the escalating conflict in Somalia, which was currently more intense than in 2007. The human rights and humanitarian situation in Mogadishu was dire. According to United Nations estimates, up to 700,000 people – or 60 percent of the city’s residents – were estimated to have been displaced from the city since early 2007. The causes and scale of this displacement were inextricably linked to widespread and ongoing violations of international humanitarian law, many of which amounted to widespread war crimes. Somali citizens had been terrorized by targeted and indiscriminate attacks, mass detentions and enforced disappearances. Finally, Human Rights Watch reiterated its support for the renewal of this mandate and called on the Human Rights Council to establish an independent commission of inquiry to look into the current human rights situation in Somalia.

GHANIM ALNAJJAR, Independent Expert on the situation of human rights in Somalia, in concluding remarks, said it had been a dream for him to have a Somali representative in the room to speak before. This was an achievement. As to how to improve the mandate, there had to be a provision of regular reporting before the Human Rights Council and the General Assembly, with specific dates. Moreover, the Office of the High Commissioner for Human Rights must have an independent presence in Somalia. The Independent Expert thanked all delegates who expressed appreciation for his work.
OMAR SHALABY (Egypt), speaking on behalf of the African Group, reiterated appreciation for the cooperation of Italy with the African Group. The presence of the Somali Ambassador was welcomed. Full cognizance was expressed over the obstacles the Independent Expert had encountered, it was hoped that the situation would improve. While being against country mandates, the African Group believed that this specific mandate was an important one and should be renewed.


For use of the information media; not an official record

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