HUMAN RIGHTS COUNCIL HOLDS INTERACTIVE DIALOGUES WITH EXPERTS ON THE SITUATION OF HUMAN RIGHTS IN SOMALIA AND IN SUDAN
The Human Rights Council this morning held interactive dialogues with the Independent Expert on the situation of human rights in Somalia and the Independent Expert on the situation of human rights in Sudan.
Shamsul Bari, Independent Expert on the situation of human rights in Somalia, said that the situation in Somalia was less despondent and more hopeful despite the continuing violence. The Roadmap to completion of the transitional arrangements was coming to an end, which signalled new and important political changes such as the collective development of a provisional Constitution and the selection of members of a new Parliament. The first task in this period was the establishment of the rule of law which was almost totally decimated in the last two decades of warfare; the justice sector would require rebuilding from scratch and the executive branch must play the most critical role in delivering the basic services to the people which had been long denied. The international community should bolster significant financial and technical resources to capitalize on the new opportunity in Somalia.
Somalia, speaking as the concerned country, stressed the success of the recent elections in Somalia which put an end to the 12-year transitional period and ushered the country into a crucial and delicate period of transformation for peace. Somalia acknowledged the principal responsibility of its Government and the Somali people to achieve peace, but reiterated the important role of the international community in overcoming the remaining challenges and ensuring that international assistance made a difference on the ground.
In the ensuing interactive dialogue, delegations welcomed the positive political developments that led to the election of a new President, and the efforts undertaken for the success of the transitional process. The human rights and humanitarian situation in Somalia remained dire. Speakers expressed concern about the high level of civilian deaths and injuries, ongoing sexual and gender-based violence, arbitrary arrests and killings of journalists and human rights activists. Al-Shabaab, and other armed groups continued to commit serious abuses including targeted killings, executions, arbitrary arrests and torture. Vigilance was still needed to ensure that the new dynamism remained and the international community had an important role to play in Somalia’s transition to democracy.
Speaking in the interactive dialogue on Somalia were Senegal on behalf of the African Group, European Union, United Arab Emirates on behalf of the Arab Group, Spain, United States, Djibouti, Czech Republic, Greece, Italy, Thailand, Luxembourg, United Kingdom, Norway, Switzerland, Morocco, Australia, Turkey, United Arab Emirates, Slovakia, Egypt, Austria and Romania. Also taking the floor were the following non-governmental organizations: International Educational Development, International Federation of Journalists, East and Horn of Africa Human Rights Defenders Project, Human Rights Watch and Amnesty International.
Mashood A. Baderin, Independent Expert on the situation of human rights in Sudan, said that there was a general willingness on the part of the Government to fulfil its human rights obligations and to improve the situation of human rights in the country.
Despite the commendable steps taken so far, certain human rights concerns and challenges remained and needed to be urgently addressed. The situation in Darfur, Southern Kordofan and Blue Nile States required urgent attention, in particular the condition of refugees and internally displaced persons and the granting of access to humanitarian actors. The Independent Expert also noted the restricted space for civil society organizations which for fear of arbitrary arrests could not play their important role in promoting and protecting human rights.
Sudan, speaking as the concerned country, said that the Independent Expert had been able to meet with Government officials and members of civil society during his visit to the country and so ascertain the progress made. Unfortunately, he had been unable to visit Darfur, but other mandate holders had visited Darfur before, and the Sudanese Government had nothing to hide there. Sudan had placed high hopes on the new mandate of the Independent Expert in the context of technical assistance and capacity building. Sudan reiterated its deep desire to cooperate with the Independent Expert in various proposals he had made.
In the interactive dialogue on the situation of human rights in Sudan, delegations said that the report of the Independent Expert dealt with a number of issues and did not conceal areas of concern. Regarding the mandate of the Independent Expert, some speakers stressed the importance of respect for its terms of reference, while others said that the mandate should be interpreted in light of the current situation and called for its strengthening. Speakers shared concern about the human rights situation in Sudan, in particular the use of excessive force against peaceful protesters and the dire humanitarian situation in the Blue Nile and South Kordofan states, and called on the Government to take steps to urgently address them.
Speaking in the interactive dialogue on the situation of human rights in Sudan were Senegal on behalf of the African Group, European Union, United Arab Emirates on behalf of the Arab Group, Nigeria, United States, Canada, Croatia, Egypt, the Czech Republic, France, Bahrain, Slovakia, Spain, China, United Kingdom, Norway, Kuwait, Thailand, Switzerland, Greece, Slovenia, Australia, Morocco, United Arab Emirates and Libya.
The following non-governmental organizations also spoke: Human Rights Watch, International Federation for Human Rights Leagues, East and Horn of Africa Human Rights Defenders in a joint statement, Eastern Sudan Women Development Organization and Maarij Foundation for Peace and Development.
The Human Rights Council is holding a full day meeting today and will next hear the Deputy High Commissioner for Human Rights introduce the reports of the United Nations Secretary-General and the United Nations High Commissioner for Human Rights on Cambodia, Somalia, South Sudan and Yemen, followed by the general debate on technical assistance and capacity building.
Documentation
The Council has before it the report of the Independent Expert on the situation of human rights in Somalia (A/HRC/21/61).
Presentation by the Independent Expert on the Situation of Human Rights in Somalia
SHAMSUL BARI, Independent Expert on the situation of human rights in Somalia, said that despite continuing violence, he was happy to present a less despondent and more hopeful account of the situation in Somalia and to update the Council on historic developments in the last one and a half months. Important political changes were scheduled to take place during this period when the Roadmap to complete the transitional arrangements in Somalia would come to an end and a new post-transition arrangement would be put in place. The Roadmap to end the transition had foreseen the formal adoption of a provisional constitution for Somalia which was collectively developed by Somali and non-Somali experts in the last year, and the selection of members of a new Parliament which in turn would elect a Speaker and a new President. Hope was palpable during Mr. Bari’s visit to Mogadishu, from the new Speaker to members of the Parliament, to the two courageous Chairpersons of the Technical Selection Committee and the large number of women leaders of Somali society who fought to achieve a constitutional provision of 30 per cent women representation in all government bodies. The first task was the establishment of the rule of law which had been almost totally decimated in the last two decades of warfare. Only the rule of law could ensure Somalis whole-hearted support for reconstruction, nation building and help establish respect for human rights and human dignity.
The justice sector would require rebuilding from scratch and Mr. Bari urged the international community to consider providing the necessary funding. The executive branch must play the most critical role in delivering basic services to the people which had been long denied. The thematic mandate holders of the Special Procedures system could be invited to help the Government to develop a post-transition human rights roadmap for the three branches of government, including benchmarks and a timeline. A large part of South Somalia remained under control of the insurgents and intense military efforts were taking place to recover these territories, often at the expense of civilians who had been affected by subsequent killings, looting, raping and other human rights violations. Humane and law-based treatment of former militiamen and soldiers was an equally important issue. Another key task of the Government would be to investigate and prosecute attacks against journalists. Journalists were key to the promotion and protection of human rights. There existed tremendous momentum to propel the country forward and Mr. Bari strongly urged the international community as a whole to bolster significant financial and technical resources to capitalize on the new opportunity.
Statement by Somalia as the Concerned Country
Somalia, speaking as the concerned country, drew the Council’s attention to the success of the recent elections in Somalia, which despite the difficulties had put an end to the 12-year transitional period in the country. Somalia had entered into a crucial phase and was moving into a delicate period of transformation for peace. Somalia welcomed the comprehensive report by the Independent Expert, which contained many useful recommendations. While the principal responsibility to achieve peace lay on the Somali people and their Government, the international community had an important role to play. A new bilateral approach was needed to overcome the remaining challenges, and efforts had to be made to ensure that international assistance to Somalia really did make a difference to the people. The Government was determined to increase the level of cooperation with the Independent Expert in order to set-up a Post Transition Human Rights Roadmap that incorporated the outcome of Somalia’s first Universal Periodic Review.
Interactive Dialogue with the Independent Expert on the Situation of Human Rights in Somalia
Senegal, speaking on behalf of the African Group, welcomed the report of the Independent Expert, which did not fail to describe the difficulties faced by Somalia. The African Group was encouraged by the positive political developments that had led to the election of a new President, as well as by the efforts undertaken for the success of the transitional process. Vigilance was still needed to ensure that this new dynamism remained. The African Group hoped that the international community would strengthen its cooperation with Somalia in order to assist the implementation of the Government’s priorities related to human rights and development.
European Union warmly welcomed the election of the new President, which should bring the prospect of lasting peace, prosperity and stability to the country. The coming months and years would be critical for Somalia’s transition to democracy. Serious challenges lay ahead, as the recent attacks against the new President demonstrated. The number of casualties resulting from unconventional warfare and violence remained very high. The European Union remained concerned by ongoing violence against women, recruitment of child soldiers, forced displacement of civilians, as well as widespread harassment, arbitrary arrests and killings of journalists and human rights activists. The humanitarian situation remained critical, and the European Union would continue its aid to Somalia. Finally, the European Union welcomed the engagement of Somalia with the United Nations human rights mechanisms.
United Arab Emirates, speaking on behalf of the Arab Group, welcomed the progress that had been made in Somalia in recent months including adoption of the transitional constitution and appointment of the federal parliament. In light of the positive developments listed in the Independent Expert’s report, the Arab Group was firmly convinced that Somalia had the necessary political will to work on supporting and promoting human rights and hoped that the international community would provide it with the necessary aid to carry out its responsibilities. The Arab Group
hoped Somalia would take the appropriate measures to strengthen the rule of law, social justice and human rights. The latest positive events attested to the fact that Somalia was in fact determined and had the political will to strengthen and promote human rights. The Arab Group asked the international community and the Office of the High Commissioner for Human Rights to continue to give Somalia all the technical assistance it required.
Spain voiced concern about serious ongoing situations implying serious human rights violations that resulted in increased displacement, violence and sexual violence against women and children. The return to Somalia of a high number of refugees from neighbouring countries and the return of internally displaced persons to their places of origin should be a priority. Spain was against the recruitment of children for military purposes and this should be monitored closely.
United States said that it remained gravely concerned by the high level of civilian deaths and injuries, though it was pleased that the number of weapons-related casualties in Mogadishu had decreased. The recruitment and use of child soldiers by Al-Shabaab and other armed groups remained a severe problem that Somali and international actors had to work on. Concern was also expressed about continuing sexual and gender-based violence. Furthermore, the killing and harassment of journalists in Somalia had to end.
Djibouti encouraged all United Nations agencies to support the transition process and the Office of the High Commissioner to contribute to the development of a national human rights plan in Somalia. Djibouti condemned all acts of violence which obstructed the transition process, including the killing of journalists, and called for increased protection for journalists in order to ensure freedom of expression. Djibouti supported all recommendations formulated by the Independent Expert and hoped that the electoral process would lead to the necessary conditions for the free expression of the Somali people’s will and a legitimate government capable of guaranteeing stability.
Czech Republic welcomed the significant political progress in Somalia and urged Somalia to consider developing a human rights road map with clearly defined goals and underlined the urgent need to strengthen the rule of law. The Czech Republic was pleased to learn of the positive steps taken to end the recruitment and use of children by the National Armed Forces and asked how legislative steps translated into the situation of children on the ground. During the Universal Periodic Review of Somalia in May 2011, the Transitional Government committed itself to eradicate female genital mutilation; besides the ban introduced in the provisional constitution, what further legal and awareness raising measures needed to be taken?
Greece warmly welcomed recent political developments and hoped that the end of the eight-year transition would lead to good governance and respect for all human rights. Ordinary people had lost faith in their leadership and the Transitional Government should develop a road map with a clear picture of how to improve the human rights situation. Could the Independent Expert provide more information on the poverty eradication strategy and on the proposed strategy to eliminate piracy? Strengthening access to justice and the rule of law should be a top priority for the new government.
Italy warmly welcomed the election of the new President of Somalia, which marked the successful completion of the transition. Italy hoped the institutions would consolidate security and promote good governance and peaceful transition towards democracy. Millions of civilians and displaced people needed humanitarian assistance and faced human rights violations. While the State had the first responsibility to ensure good governance and human rights, the international community had to enhance its cooperation on the ground. Italy would continue to support Somalia to build a sustainable and democratic society.
Thailand welcomed the new Government of Somalia and commended the progress made, especially the adoption of the Roadmap and the National Security and Stabilization Plan. Thailand appreciated the important development regarding the Somaliland National Human Rights Commission. The empowerment of women was important, and Thailand was concerned about violence against women and children. The Government of Somalia had to ensure the right to food, the right to life, and the right to freedom of expression for the Somali people.
Luxembourg said that hope was increasing in Somalia and that the international community and the newly elected Government had to make everything possible to ensure that the progress made was lasting. Luxembourg fully supported the new President and institutions in their efforts towards good governance, human rights and democracy. Human rights violations persisted, and the humanitarian situation remained dire. In addition to civil and political rights, economic, social and cultural considerations remained at the heart of the needs of the population.
United Kingdom, regarding the recommendation of the Independent Expert that the Somali Government produce a ‘human rights roadmap’, said the United Kingdom was interested in hearing more about that idea and how it should be pursued. Given the scale and variety of human rights challenges set out in the report, what would the Independent Expert’s priorities be in carrying out his mandate following the end of the transition? The United Kingdom condemned the appalling attacks in Mogadishu since the end of the transition, including the attack on the new President.
Norway said that Somalia continued to have serious human rights challenges and continued to be a country that required thorough monitoring and follow-up. Norway was pleased about positive developments that the improved security situation had created in Mogadishu; this had resulted in the improvement of the situation of civilians. Norway believed that more international presence would further improve the situation, and make it easier to monitor human rights abuses. The care of children that had defected from Al-Shabaab after forced recruitment was of special importance.
Switzerland said that it was the prime responsibility of the Somali Government to guarantee that its population benefitted from genuine rule of law and democratic values. Switzerland called on the Government to fully cooperate with Special Rapporteurs. Switzerland suggested the creation of a panel of international and national experts to analyse the grave human rights and international humanitarian law violations that had taken place in Somalia and make recommendations. The Council should continue to closely follow the evolution of human rights in Somalia beyond the transition.
Morocco said that progress remained to be achieved in a number of priorities and human rights must lie at the heart of any assistance provided by the United Nations to countries in a post-conflict situation. There could be no peace without justice and no development without reconciliation and the United Nations Political Office for Somalia and the Office of the High Commissioner should cooperate in the provision of support to Somali authorities. Morocco welcomed the implementation of Universal Periodic Review recommendations by Somalia and asked for further information concerning measures taken to fight against impunity and towards national reconciliation.
Australia said that human rights must be at the heart of efforts to develop peace and strongly endorsed the Independent Expert’s recommendation to develop a roadmap on how to improve the human rights situation. The development of an overarching framework for the protection of human rights, with clear implementation plans and performance benchmarks, and the ratification of all core human rights instruments would send an unambiguous message. Australia, as one of the five largest humanitarian donors to the Horn of Africa, would remain focused on health and basic needs.
Turkey was pleased to see that the Somali leadership had taken the necessary steps in order to smoothly end the twelve year-long transition. The new more legitimate and representative government had before it many new responsibilities which once accomplished would pave the way to a normally functioning government as in any democracy. Somalia should develop a legislative roadmap with the help of the Office of the High Commissioner and mandate holders, and the United Nations was the most important actor and could provide the necessary support in rebuilding State structures.
United Arab Emirates commended the Government of Somalia for its cooperation with the Independent Expert and for putting an end to the transitional period. International solidarity and assistance were key to support the democratic transition in Somalia. The United Arab Emirates had set up an office in Abu Dhabi to assist Somalia. It hoped that the United Nations and the international community would continue their humanitarian assistance to Somalia and their support towards the rule of law, human rights and democracy.
Slovakia congratulated Somalia for the successful conduct of its first democratic elections in the last 20 years. The growing phenomenon of migration of Somalis required cautious consideration. With a view to address violence against women, the Government had to draw on the recommendations made during its Universal Periodic Review. Slovakia commended the introduction of measures for the protection of children’s rights and against the recruitment of child soldiers, and called for their rapid implementation. Finally, Slovakia expressed concerns about the living conditions in detention centres in Somalia, and the persecution of journalists.
Egypt commended the appointment of the new Parliament and the adoption of the new Constitution. Egypt reiterated its full support to Somalia and its efforts for the promotion and protection of human rights. It was important that the international community provided Somalia with financial assistance in order to help it build the infrastructure that would make recent changes sustainable. Egypt was concerned about the persistence of hunger and poverty in Somalia, and said that the international community had to show a clear commitment to assist Somalia and to help it overcome the many challenges it faced.
Austria appreciated the cooperation shown by Somalia. The tasks for the new leadership were huge and urgent, in particular the investigation and prosecution of human rights violations and the building of the necessary structures and mindsets for that task. Austria was interested in hearing from the Independent Expert about concrete measures that should be prioritised to establish an effective justice system, as well as proposals on how to improve perceptions of United Nations activities in the country.
Romania saluted the recent positive developments in Somalia but remained concerned about the overall dire human rights situation. It hoped that the recommendations made would be taken into consideration and implemented as widely as possible. Recommendations made in the Universal Periodic Review should also represent a priority for the Somali authorities. What were the Independent Expert’s recommendations regarding the way to direct assistance for Somalia, taking into account that that was reflected as a problem in his report?
International Educational Development said the most compelling for it had been the right to life which, given the food insecurity of much of the country, seemed ephemeral at best. What could the Independent Expert recommend to the international community in that respect? Women’s rights in Somalia had a long way to go. What did the Independent Expert recommend in that regard?
International Federation of Journalists said that Somalia had seen an unprecedented surge in violence against journalists who continued to face suicide bombings, targeted killings, threats, violence and unlawful detention, while perpetrators operated with impunity. According to the National Union of Somali Journalists, freedom of association was often also violated. The International Federation of Journalists urged Mr. Bari and the Council to address this situation.
East and Horn of Africa Human Rights Defenders Project said that serious human rights violations continued throughout Somalia, Somaliland and Puntland, and Al-Shabaab continued to administer arbitrary justice in the areas it controlled, including beheadings, beatings and torture. The East and Horn of Africa Human Rights Defenders Project encouraged the Government to develop a human rights roadmap and emphasised the importance of civil society inputs to such plan, and was disappointed by the failure of the Government to meet the 30 per cent quota.
Human Rights Watch said that despite the end of the transition period and the selection of a new president, the human rights situation in Somalia remained dire. Al-Shabaab, militias and other armed groups continued to commit serious abuses including targeted killings, executions, arbitrary arrests and torture. Human Rights Watch called on the United Nations to increase its support of the Office of the High Commissioner in Somalia and called for the creation of a commission of inquiry or a comparable mechanism to document serious crimes to improve accountability.
Amnesty International expressed concern about the killings of journalists in Somalia and the failure of the authorities to hold the perpetrators accountable. Amnesty International urged the Human Rights Council to encourage and assist the new Government to prioritize and implement real improvements to the human rights situation, which included taking measures to ensure that the authorities undertook prompt, thorough and impartial investigations into the killings of journalists, and brought the perpetrators to justice in fair trials and without recourse to the death penalty. The Human Rights Unit of the United Nations Political Office for Somalia had to be equipped with the proper resources.
Concluding Remarks by the Independent Expert on the Situation of Human Rights in Somalia
SHAMSUL BARI, Independent Expert on the Situation of Human Rights in Somalia, said that many of the human rights violations that took place in the past were due to the inexistence of the rule of law. The rule of law had to be urgently developed in order to ensure lasting change. The Roadmap was an important part of that effort. He was impressed that the new Government was very well aware of its responsibilities and of the challenges to overcome. The judiciary had to be rebuilt. The United Nations Development Programme had been working on that issue, and the Office of the High Commissioner for Human Rights also had a role to play. Refugees were starting to consider going back to Somalia, which the United Nations High Commissioner for Refugees should start taking into consideration. The security sector had to be strengthened. The health sector also had to be improved. There should be a roadmap for each ministry, in order to allow them to prioritize their activities. The people had lost trust in the previous Governments of Somalia. It was therefore necessary for the new Government and the United Nations to develop tools to include the people in their decisions and activities. The United Nations Special Procedures, and particularly the thematic mandate holders, could play a very important role to identify the immediate needs of the population. The Office of the High Commissioner for Human Rights should identify key mandate holders relevant to the situation in Somalia. That would show the Somali people that the international community cared about their situation.
Documentation
The Council has before it the report of the Independent Expert on the situation of human rights in Sudan (A/HRC/21/62).
Presentation of Report by the Independent Expert on the Situation of Human Rights in Sudan
MASHOOD A. BADERIN, Independent Expert on the situation of human rights in Sudan, said that the initial impression based on information gathered from meetings with different stakeholders was that there was a general willingness on the part of the Government of Sudan to fulfil its human rights obligations and to improve the situation of human rights in the country. There was also evidence that the Government had already started to take some relevant steps in that direction that must be strengthened and further encouraged. Mr. Baderin was encouraged by the establishment of the National Commission for Human Rights and it was hoped that it would serve as an important institution for improving the human rights situation in Sudan. The Government and international partners were urged to provide appropriate support to enable the Commission to fulfill its role effectively. It was emphasized, however, that the mere creation of institutions was not enough. They had to be empowered and supported to perform effectively.
Despite the commendable steps taken by the Government of Sudan, important international concerns were noted in respect of different areas of human rights challenges in the country that needed to be urgently addressed, including deficiencies in the guarantee of important civil and political rights such as freedom of expression, freedom of the press, freedom of assembly, and freedom from arbitrary arrests, among others. The Government was urged to take those concerns seriously and to take the urgent necessary steps to address them. Mr. Baderin had received reports from different stakeholders that highlighted concerns with particular reference to the human rights situations in Darfur, Southern Kordofan and Blue Nile states. While he could not visit those areas during his mission, the disturbing human rights situation in those states was well-known, and included matters relating to the conditions of refugees and internally displaced persons and the need for access for humanitarian actors. On issues of the scope of his mandate, Mr. Baderin thanked the Government of Sudan for its assurance that it recognised the mandate as being country-wide and that it did not object to grant access to every part of Sudan. Many of the civil society organizations that he had met with expressed frustration, particularly with regard to restricted space for human rights activities and fear of arbitrary arrest by Government agencies. There was no doubt that such a climate could not afford these organizations the opportunity to play their important role in promoting and protecting human rights.
Statement by Sudan as the Concerned Country
Sudan, speaking as the concerned country, said that the Independent Expert had been able to meet with Government officials and members of civil society during his visit to the country and so ascertain the progress made. Unfortunately, he had been unable to visit Darfur, but other mandate holders had visited Darfur before, and the Sudanese Government had nothing to hide there. Sudan took seriously the recommendations it had received during its Universal Periodic Review and had develop mid- and long-term strategies to improve the human rights situation in the country with the participation of all. The Plan of Action, prepared with the help of the United Nations Development Programme, contained timelines too and would enable the implementation of this strategy. Sudan had placed high hopes on the new mandate of the Independent Expert in the context of technical assistance and capacity building, particularly after the experience with the Special Procedure established under agenda item 4 on human rights situations that required the attention of the Human Rights Council, in which the country and its reputation was tarnished. The Government was doing everything it could to put an end to the conflict in the Blue Nile; those affected by the conflict needed help and the rebel movements needed to be put to an end. Turning to the latest demonstrations, Sudan said that a Commission of Inquiry had been established to look into the killings that happened during the demonstrations. In closing, Sudan said that the promotion of all human rights remained an absolute priority and voiced its deep desire to cooperate with the Independent Expert in various proposals he had made.
Interactive Dialogue with the Independent Expert on the Situation of Human Rights in Sudan
Senegal, speaking on behalf of the African Group, said that the report of the Independent Expert dealt with a number of issues and did not conceal areas of concern, and urged both the Independent Expert and Sudan to continue to cooperate in the fulfilment of the mandate. The effectiveness of the mandate would be judged by the way in which Sudan was allowed to address the challenge of a continued improvement of the human rights situation. Recent positive developments should be sustained through increased technical cooperation and capacity building. In this spirit, for the continuation of cooperation and dialogue between Sudan and the Council, it was therefore important to respect the terms of reference of the mandate.
European Union said that the mandate of the Independent Expert should be interpreted in light of the current situation. The European Union had engaged with the African Group on the new resolution extending the mandate in order to strengthen and clarify the mandate in two areas: first, including a clear reference to monitoring and reporting; and, second, to ensure that the Independent Expert was given full and unfettered access to the whole country, including to Southern Kordofan, Blue Nile and Darfur. The European Union asked Mr. Baderin to elaborate on the main obstacles for the creation of cooperation with civil society and on the challenges faced by Sudan’s National Commission for Human Rights.
United Arab Emirates, speaking on behalf of the Arab Group, said that it was necessary for the Independent Expert to cooperate with Sudan in order to ensure the success of his visit. The Arab Group stressed the need to work together with the United Nations and the Council to achieve a possible effect on the human rights in Sudan and the region. The Independent Expert referred to the need for Sudan to share the adoption of the principles of consultations in the promulgation of a new Constitution, and to include all parts of society. The Arab Group called on the Independent Expert to cooperate with Sudan to ensure that this process was successful and to implement the recommendations following from the Universal Periodic Review, which covered many areas of human rights.
Nigeria called on the Government of Sudan to consider implementing the various recommendations of the Independent Expert. It particularly acknowledged the importance of the recommendation regarding the incorporation of regular consultation with all national non-governmental human rights organizations in the work programme of the National Commission for Human Rights, in order to foster mutual trust and cooperation between civil society and the Government.
United States said that the Government of Sudan needed to demonstrate its determination and political will to address international human rights concerns, which were considerable, and shared concern about the human rights situation in Darfur, Southern Kordofan and Blue Nile. All Member States of the Council were encouraged to urge the Sudanese authorities to grant access to those areas. It also joined the call for thorough and transparent investigation of every incident of harassment and violence against demonstrators, civil society and journalists.
Canada shared concerns raised in the report, particularly on access of the Independent Expert to regions outside the capital and the need to add follow-up to the mandate. Civil society should be allowed to actively participate in the conduct of public affairs. It was imperative that the protection of vulnerable groups such as religious and ethnic minorities had to be guaranteed by the Government of Sudan. Also stressed was the urgency to adopt appropriate measures to address the humanitarian situation in Sudan.
Croatia said that excessive use of force against the opposition often was a precursor to armed conflict. Croatia expressed serious concern about reports of torture and ill treatment of detainees and the ongoing violence against women and girls in Sudan, including rape. Croatia urged the Government to fight the cruel practice of punishment of women and stressed the need for a stronger mandate for the Independent Expert.
Egypt welcomed the cooperation of Sudan with the Independent Expert and the Human Rights Council, and welcomed the recommendations by the Independent Expert concerning the participation of all stakeholders in the development of the new Constitution. Egypt welcomed the efforts by Sudan to promote development in the country and improve the situation of its people; the international community must support the efforts of the Government to promote the human rights of its people.
Czech Republic was deeply concerned about the human rights situation in Sudan, in particular by the use of excessive force against peaceful protesters and the dire humanitarian situation in the Blue Nile and South Kordofan States. The Czech Republic was disappointed that the Independent Expert had not been allowed access to all the areas in the country and called for strengthening of his mandate to ensure appropriate monitoring of the human rights situation on the ground.
France reiterated the importance of including an in-depth assessment of the human rights situation in Sudan as part of the mandate of the Independent Expert. The multiplication of the violations of public freedom and human rights had been noted since the beginning of the year, in particular in zones of conflict or where independent verification could not be carried out. France reiterated its call to the Sudanese authorities to cooperate with the United Nations mechanisms concerning allegations of crimes against humanity in conflict zones; and invited the Government to implement the recommendations contained in the report.
Bahrain said that the Sudanese Government had taken a number of measures to improve the human rights situation in the field for the promotion and strengthening of human rights, including the establishment of joint courts. Bahrain urged Sudan to seek a peaceful solution to the situation in Darfur and to implement the recommendations of the Universal Periodic Review. Bahrain supported the recommendations of the Independent Expert and called on the Council to extend the mandate.
Slovakia said that the mandate holder should be able to properly identify the need for technical assistance and capacity building including through the monitoring of the human rights situation in the country. Slovakia took note of certain positive steps pursued by Sudan concerning the improvement of its human rights record. However, the situation in Darfur, Southern Kordofan and the Blue Nile states continued to be of serious concern, and Slovakia regretted that the Independent Expert was unable to verify allegations on the ground.
Spain urged the Council for a fresh resolution reflecting the need for better collaboration between the Government of Sudan and the Independent Expert, guaranteeing full access to the whole of the country and relevant actors, including civil society. It recalled the alarming situation in South Kordofan and Blue Nile, and the limited access to humanitarian assistance. Until the Independent Expert could have free access to those regions, his work would be insufficient and unsatisfactory.
China called on the international community to look at the human rights situation in Sudan in an impartial and objective manner and to understand the challenges faced by Sudan in the field of human rights as a developing country, and one where armed conflict still existed. Technical assistance should not become an excuse to interfere in the internal affairs of Sudan. China hoped Sudan and South Sudan would bear in mind the fundamental interests of their people and regional stability, and build on the momentum of negotiations.
United Kingdom agreed that much more needed to be done to address concerns and improve human rights in Sudan. It was important for the mandate holder to be ale to independently assess the human rights situation in Sudan as a whole. It was thus disappointing that the Independent Expert was not permitted to conduct field missions or travel outside of the capital, and the United Kingdom called on the Government to allow him to do so. What did the Independent Expert intend to prioritise over the next 12 months?
Norway urged the Governments of Sudan and South Sudan to find agreement on all outstanding issues in the ongoing negotiations, as conflict represented the most serious challenge for human rights in Sudan. Norway shared the concerns expressed by Mr. Baderin and said that the implementation of the recommendations was key for the creation of a stable and democratic society in Sudan. The humanitarian situation in Blue Nile and South Kordofan was the most urgent human rights issue in Sudan and Norway urged full humanitarian access to all the areas.
Kuwait welcomed the readiness of the Government of Sudan to fulfil its human rights obligations and said that Kuwait had always supported the peace in Sudan through the Fund for Reconstruction and Development which had implemented a number of projects in the areas of reconstruction, health and education. Kuwait hoped that other States would support the mandate of the Independent Expert in the area of technical assistance and capacity building.
Thailand noted with appreciation the ongoing dialogue between Sudan and the Independent Expert and commended tangible steps taken by Sudan to promote human rights. Thailand commended the implementation of the Universal Periodic Review recommendations and expressed regret that the Independent Expert had not been granted access to Darfur, Blue Nile and South Kordofan. Sudan should facilitate access to those regions in order to assess the situation.
Switzerland was convinced that members of civil society were key actors in the new society and any threat against them on the basis of their human rights awareness-raising work was unacceptable. Did the Independent Expert see any possibilities for stepping up cooperation with Sudan’s National Human Rights Commission? Switzerland was alarmed that the criminal code still provided for stoning as punishment for adultery. Furthermore, access to all regions of the country was of crucial importance.
Greece welcomed the cooperation extended to the Independent Expert by the Government of Sudan and that all meetings with Government representatives and other stakeholders were transparent, frank and constructive as mentioned in the report. Greece was deeply concerned by reports of continued human rights violations, the worsening humanitarian situation in Blue Nile and Kordofan, and current national security laws. What immediate steps should be taken by the Government of Sudan to ensure that human rights defenders, humanitarian workers, journalists and other civil society members were not intimated, detained or tortured?
Slovenia said it remained seriously concerned by continued human rights violations in Sudan and stressed the importance of accountability for all human rights violations and abuses. Slovenia wondered whether the Independent Expert had raised those issues with the Government of Sudan. Slovenia called for a reinforced mandate of the Independent Expert, including a human rights monitoring function, and called upon Sudan to allow him unhindered access to all parts of the country.
Australia welcomed the establishment of the National Human Rights Institution in Sudan and encouraged the Government to support this new mechanism to operate freely in all the territory. Australia was concerned about continuing human rights violations in Darfur, Blue Nile and South Kordofan and urged all parties to turn to negotiations. Sudan should protect the rights of human rights defenders, humanitarian workers, journalists and members of civil society in Sudan.
Morocco congratulated Sudan on the steps taken to establish democracy and promote human rights in the country. The authorities had demonstrated their clear will to fulfil their human rights though the creation of national human rights institutions and launching the consultative process for the drafting of the new Constitution. Morocco stressed the importance of continuous support to those efforts and said that the Independent Expert should be given sufficient time to provide assistance.
United Arab Emirates said that the positive engagement by Sudan demonstrated the existence of political will to work with the international community to overcome current obstacles and improve human rights throughout the country. The United Arab Emirates called on the international community to continue to provide assistance to Sudan in the field of human rights in order to support the implementation of the recommendations by the Independent Expert.
Libya said it supported the draft resolution to be submitted at this session regarding the provision of technical assistance and capacity-building to Sudan. Libya called on the international community to continue to provide support to Sudan in order to meet the humanitarian needs of all populations and support the Government in the implementation of all the recommendations of the report, as well as the short and medium term plan submitted by the Government in the framework of the Universal Periodic Review. Libya hoped the Independent Expert would be allowed access to all parts of the country.
Human Rights Watch said it deeply regretted the shift of the mandate from Agenda Item 4 on human rights situations that require the Council’s attention to Agenda Item 10 on technical assistance and capacity building. Human Rights Watch had documented political repression in April, as well as indiscriminate bombing of civilian areas by government forces in Southern Kordofan and Blue Nile. Humanitarian aid groups were still restricted from providing humanitarian assistance. The gravity of the situation necessitated a Special Rapporteur under Agenda Item 4.
International Federation for Human Rights Leagues regretted that the Government of Sudan did not grant full access to the territory to the Independent Expert. Throughout the country, public protests were repressed by the use of excessive force, killings, mass arbitrary arrests, ill-treatment and torture of detained protesters. The International Federation for Human Rights Leagues called upon the Council to strengthen the mandate and to ensure that there was clear and explicit language on the monitoring component.
East and Horn of Africa Human Rights Defenders Project, in a joint statement, expressed their deep concern at the deteriorating situation and the ongoing grave violations of human rights in Sudan. The violent repression of peaceful protests and the intimidation and arbitrary arrests of human rights defenders and journalists were particularly worrying. Civilians continued to suffer from the lack of humanitarian access and continuing violence in the Southern Kordofan and Blue Nile states. It urged the Government of Sudan to fully cooperate with the Independent Expert.
Eastern Sudan Women Development Organization said that it had not benefited from technical assistance like other civil society organizations did. The international community had to provide a positive response to the request made by the Government of Sudan. The Independent Expert was not fully able to respond to it, because he could not collaborate with civil society organizations like other mandate holders could. That showed again double standards in the work of the Council.
Maarij Foundation for Peace and Development said that no technical assistance had been provided to civil society organizations in Sudan, which meant that the Independent Expert could not fully fulfil its mandate. Without such technical assistance, the mandate of the Independent Expert was deprived of any sense and it was not even needed to discuss the situation in Sudan anymore.
Concluding Remarks by the Independent Expert on the Situation of Human Rights in Sudan
MASHOOD A. BADERIN, Independent Expert on the human rights situation in Sudan, in concluding remarks said concerns had been expressed about access to South Kordofan, Darfur and border areas. As he had said in his presentation, this was also of concern for him and the Sudanese Mission had assured him that access would be granted should the mandate be renewed. On cooperation with civil society and other mandate holders, he strongly believed that civil society had a very important role to play within Sudan. He had been informed that there were more than 25,000 human rights organizations in Sudan and thus requested that they outreach to him, and he would be open to recommendations and cooperation to improve the environment for civil society participation. On national security laws concerns, the issues had been raised with the authorities and noted in the report. Should the mandate be renewed, this would be one of the priorities. Humanitarian access to border states was indeed very important and the need to look into those areas could not be overemphasized. Mr. Baderin believed that with the assurance of Sudan that access would be granted, he would be able to make stronger recommendations to ensure that all issues were looked at.
For use of the information media; not an official record
HRC12/123E