HUMAN RIGHTS COUNCIL HOLDS INTERACTIVE DIALOGUES WITH INDEPENDENT EXPERT ON SUDAN AND SPECIAL RAPPORTEUR ON CAMBODIA

The Human Rights Council today held an interactive dialogue with the Independent Expert on the situation of human rights in Sudan, Mashood Baderin, followed by an interactive dialogue with the Special Rapporteur on the situation of human rights in Cambodia, Surya Prasad Subedi. It also concluded its interactive dialogue on the report of the High Commissioner for Human Rights on Ukraine.

Mashood Baderin, Independent Expert on the situation of human rights in Sudan, presenting the report noted that Sudan continued to adopt relevant human rights legislation and policy, including the adoption of the 2014-2018 strategic plan by the National Commission on Human Rights. He urged the Government to improve the human rights situation on the ground by amending the 2010 National Security Act, stopping the curtailment of the activities of civil society organizations and the continuing press censorship, and ensuring that the National Security Service carried out its operations in conformity with Sudan’s constitutional and international human rights obligations. The security situation in the conflict-affected regions of the country remained precarious and the ongoing armed conflicts in Darfur, South Kordofan and Blue Nile continued to have a negative impact on the situation of human rights.

Sudan, speaking as the concerned country, said Sudan was making strides on the road to national reconciliation and dialogue to achieve peace, security and stability. The President had launched an initiative for national dialogue in order to achieve a comprehensive solution with all parties and political components without distinction. This had also led to a dialogue with all components of society. Sudan had welcomed the Independent Expert several times and cooperated in order to allow the evaluation of technical needs to build capacity in the field of human rights. Unfortunately, Sudan had not received technical assistance since 2011, therefore the mandate had not achieved its objectives and Sudan was taking stock of this experience.

In the discussion, speakers expressed serious concern about the human rights situation in Sudan. The aerial bombings, killings of civilians, rampaging of villages, destruction of property, and sexual and gender-based violence perpetrated by Government forces were condemned. There was also alarm to hear of increasingly harsh measures targeting political protestors, journalists, students and civil society organizations. The Council should condemn the imposition of unilateral sanctions, which hurt the most vulnerable sectors of society and daily life. The report acknowledged that Sudan had made some progress in putting in place legislation, policies and structure to promote and protect human rights. Nonetheless, implementation remained a significant challenge.

Speaking were United Kingdom on behalf of a Group of States, the European Union, United Arab Emirates on behalf of the Arab Group, Ethiopia on behalf of the African Group, Spain, Qatar, the Czech Republic, Montenegro, United Arab Emirates, United States, Venezuela, Belgium, Belarus, Togo, Italy, Sri Lanka, Norway, Ireland, Indonesia, Pakistan, Mali, Algeria, Yemen, Egypt, Kuwait, Germany, South Sudan, Morocco, Cote d’Ivoire, Australia, United Nations Children’s Fund, China, Eritrea, and France.

The following non-governmental organizations also spoke: East and Horn of Africa Human Rights Defenders Project, United Nations Watch, Society Studies Centre (MADA ssc), International Federation for Human Rights Leagues, Al Zubair Charitable Foundation, Working Women Association, Human Rights Watch, and Maarij Foundation for Peace and Development.

Surya Prasad Subedi, Special Rapporteur on the situation of human rights in Cambodia, presenting the report said the situation in Cambodia had changed a great deal over the past six years and spoke about progress made and challenges remaining in the areas of judicial and parliamentary reform, land rights and tackling corruption and impunity for perpetrators of violence against peaceful protestors in repeated incidents since last September. The world had witnessed unprecedented events in the Khmer Rouge Tribunal. Cambodia was on the cusp of historical change, not in the political arena but in the human rights protection infrastructure. The watchful eye and helping hand of the international community was critical now to keep the momentum going in a positive direction.

Cambodia, speaking as the concerned country, expressed satisfaction with the overall assessment by the Independent Expert that the human rights situation in Cambodia was moving forward on the right track and said that in July a political agreement had been reached to end a year-long crisis following the national election which called for a comprehensive reform of the National Election Committee. Remarkable reforms were underway in the National Assembly and the Senate leadership was under reform as well. With regard to the judicial reform, Cambodia had adopted three fundamental laws to strengthen the capacity, independence, impartiality and integrity of the judiciary. The process on establishing a national human rights institution in accordance with the Paris Principles was moving forward.

In the discussion, speakers welcomed the efforts of Cambodia in promoting and protecting human rights in the country including, among others, gender equality, empowering women and protecting the rights of children, and progress made in poverty alleviation and socio-economic development of the country. Cambodia was called upon to adopt legislation on freedom of assembly and association, and to hold accountable perpetrators of violence during demonstrations, including members of the security forces. The Government was urged to undertake credible, public and parliamentary consultations before introducing new laws, including the draft cyber-crime law, to ensure they did not curtail fundamental rights. The international community was called upon to view the human rights situation in Cambodia with objectivity and impartiality and to provide technical assistance with a constructive attitude.

Speaking were the European Union, Japan, New Zealand, Morocco, France, Ireland, Viet Nam, Malaysia, United States, China, United Kingdom, Lao People’s Democratic Republic, Thailand, and Australia.

The following non-governmental organizations also took the floor: World Organization against Torture, Forum Asia, Canadian HIV/AIDS Legal Network, Human Rights Now, International Federation for Human Rights Leagues, Article 19 International Centre against Censorship, Human Rights Watch, and World Association for the School as Instrument of Peace.

At the beginning of the meeting, the Council concluded its interactive dialogue on the report of the High Commissioner for Human Rights on Ukraine. The Council heard the presentation of the report and from Ukraine as the concerned country on 23 September, and a summary of the remarks can be found here.

In the discussion on Ukraine, speakers commended the Government of Ukraine for its cooperation with and support to the Office of the High Commissioner for Human Rights monitoring mission. The crisis in Ukraine had many dimensions and was rightly being paid attention to in other United Nations bodies. Finding a peaceful solution to the conflict was urgent. Illegal armed groups operating on the territory had to be withdrawn and human rights violations had to be thoroughly investigated. The difficult situation of ethnic and religious minorities in Crimean was of concern. All sides were urged to fully implement recommendations contained in the report.

Speaking were the United States on behalf of a group of 22 countries, Netherlands, Poland, Estonia, Germany, United States, Czech Republic, Australia, Latvia, Ireland, European Union, Hungary, Norway, France, Italy, Belgium, Slovakia, Republic of Moldova, Canada, Bulgaria, United Kingdom, Spain, China, Lithuania, Romania, Georgia, Austria, Russia, Council of Europe, Iceland, Switzerland, and Denmark.

Ukrainian Parliamentary Commission for Human Rights, International Federation for Human Rights Leagues, United Nations Watch, International Fellowship for Reconciliation, International Federation of Journalists, Minority Rights Group, Human Rights House Foundation and Human Rights Watch also took the floor.

Ivan Simonovic, Assistant Secretary-General for Human Rights, in concluding remarks said the report was just the tip of the iceberg, many more violations lay beneath the surface. The ceasefire should be upheld, this was a lot, but not enough. It was a precondition for a political solution that should ensure sustainable peace, reconciliation and the rights of all, respecting all legitimate interests of people of Ukraine. This was important to prevent the situation turning into a frozen conflict. It was also important to ensure the participation of minorities and civil society organizations in the peace process.

Sudan and Russia spoke in right of reply.

The Human Rights Council during its afternoon meeting will hold a panel discussion on the human rights situation in South Sudan.

Interactive Dialogue on High Commissioner’s Report on Ukraine

United States, speaking on behalf of a group of 22 countries, said they remained concerned by reports of violations by the de facto authorities in Russian-occupied Crimea of the human rights of Tatars and other religious and ethnic minorities since the violence began. The group of countries called on Russia to cease its repressive actions towards these communities. Netherlands said that those who had lost their lives in the skies had no connection to the situation in Ukraine but their loved ones would always make this connection. The investigation into the crash and bringing the perpetrators to justice remained an absolute priority for the Government. The presence of Russian forces on Ukrainian soil had resulted in further aggravation of the situation. Poland said that finding a peaceful solution in areas controlled by the armed groups was crucial to prevent the systematic violations of human rights. While striving to put an end to violence, Poland welcomed all efforts to protect civilians in conflict areas. Systematic discrimination against Ukrainians in Crimea and Crimean Tatars was of concern. Estonia said that it did not recognize the annexation of Crimea and would continue to support Ukrainian sovereignty and territorial integrity. Estonia was concerned by reports that illegal armed groups in eastern Ukraine had continued to commit human rights violations. The need for accountability was stressed.

Germany remained concerned about the human rights situation in Ukraine, in particular in Crimea. A durable and peaceful solution had to be found. Russia was asked to take a constructive role, including by preventing the flow of weapons and fighters through its borders into Ukraine. United States said Russian-backed separatists in eastern Ukraine continued to commit abductions, torture and other serious human rights abuses. While the vast majority of abuses occurred at the hands of Russian-backed separatists, it commended the Ukrainian Government’s pledge to investigate abuses committed by its side. Czech Republic said the situation in the east of Ukraine was of serious concern, with an impact on the civilian population, including arbitrary detention and physical and psychological torture. All allegations of human rights abuses and violence had to be investigated and the perpetrators brought to justice. It was deeply concerned by the illegal transfer of detainees from Crimea to Russia.

Ireland said that the crisis in Ukraine had many dimensions and was rightly being paid attention to in other United Nations bodies. The period since last November had seen an extensive catalogue of human rights abuses. It was imperative that all violations of human rights be thoroughly investigated. Australia said the ceasefire had brought some respite, allowing humanitarian groups to deliver urgent humanitarian aid to those in need, including women and children who often bore the brunt of such conflicts. Militants in eastern Ukraine were urged to adhere to and not take advantage of the ceasefire. Latvia was deeply concerned about the ongoing suffering of civilians. The latest reports on the increasing numbers of internally displaced persons were extremely alarming, especially in light of the approaching winter. It was also concerned by human rights violations in Crimea, including widespread discrimination.

European Union fully supported the work of the Office of the High Commissioner for Human Rights monitoring mission and urged all sides to fully implement recommendations contained in the report. It was concerned by multiple reports that armed groups had conducted killings, torture and other abuses of human rights and humanitarian law. Hungary said that fundamental international humanitarian law principles and other relevant principles had to be respected during the delivery of humanitarian aid. Illegal armed groups operating on the territory to be withdrawn and human rights violations had to be thoroughly investigated. Norway said that finding a peaceful solution to the conflict was urgent. The difficult situation of ethnic minorities in Crimea was outlined in the report, and was of concern. Russia should take responsibility and refrain from actions that violated human rights and international law.

France encouraged the Office of the High Commissioner for Human Rights to continue its activities in Ukraine and make its contribution to the fight against impunity, and said that the entrenchment of the crisis was not an option. Italy remained deeply concerned by human rights violations perpetuated by armed groups in Ukraine and the deterioration of human rights in Crimea due to acts committed by local authorities. Belgium said that the work of the monitoring mission in Ukraine was crucial to hold the attention of the international community on the difficult human rights and military situation in the country, and stressed the urgency to find a quick solution to the situation of civilians trapped by fighting.

Slovakia said that ensuring the protection of civilians in areas of conflict was a matter of priority and expressed concern about the vulnerable situation of internally displaced persons, particularly women and children. The High Commissioner’s report described the dramatic situation of human rights in Eastern Ukraine, said the Republic of Moldova and expressed hope that the current efforts towards de-escalation of the crisis would create an improvement in the overall human rights situation. Canada said that since February, Russian-sponsored armed groups had caused the loss of 2,500 lives and the emerging discrimination against ethnic minorities, and Tatars in particular, and asked how to strengthen the role of civil society in political decision-making.

Bulgaria was deeply concerned by the assessment of the human rights situation in Ukraine by the Office of the High Commissioner for Human Rights and called for a political solution to the conflict respecting the sovereignty and territorial integrity of Ukraine, and with the inclusion of minorities. United Kingdom remained committed to Ukraine’s sovereignty, independence and territorial integrity, and supported a renewal of the mandate of the Office of the High Commissioner for Human Rights monitoring mission on Ukraine when it expired in December. Separatist fighters armed by the Russian Federation were responsible for human rights abuses. Spain said the situation in Eastern Ukraine was of great concern, including threats against the civilian population and abuses of international humanitarian law. Spain did not recognize the illegal annexation of Crimea by the Russian Federation. Spain welcomed the Government of Ukraine’s efforts to foster democracy and the rule of law.

China was concerned about the situation in Ukraine, and said that dialogue was the only solution. All minorities and groups in Ukraine had to be respected. The top priority was that all parties in Eastern Ukraine made efforts to respect the recently agreed ceasefire agreement, with constructive support provided by the international community. Lithuania said that this conflict had claimed too many lives, as a result of actions by illegal armed groups and persons from the Russian Federation. Accountability was the key to ensure that a solution was found. All perpetrators of human rights abuses had to be brought to justice. Romania was concerned by the worsening of the conflict and the humanitarian situation in Eastern Ukraine, including abuses against the minorities there. Romania remained confident that the Office of the High Commissioner for Human Right would keep the situation in Ukraine high on its agenda, and commended the Ukrainian authorities for beginning investigations on the events in Maidan and Odessa, and on the crash of Malaysian Airline flight 17.

Georgia underlined the urgent need for a political solution based on Ukraine’s sovereignty, independence and territorial integrity. Georgia did not recognize the annexation of Crimea, and urged the Russian Federation to withdraw its armed forces from Eastern Ukraine. Georgia expressed concerns about the situation of internally displaced persons. Austria appreciated the continuous reporting by the Office of the High Commissioner for Human Rights monitoring mission, and encouraged Ukraine to continue collaborating with international and regional organizations. Austria supported a political solution that respected the rights of minorities, and deplored that armed groups had committed serious human rights violations. Austria also expressed concerns about acts of violence and intimidation against foreign journalists.

Russia said that the monitoring mission of the Office of the High Commissioner for Human Rights was supposed to provide truth about events on the grounds, but instead it was biased and ignored evil acts committed by ultranationalists. It was urgent to stop this fratricidal war and Russia called on the Council to support the peace process in Ukraine. Council of Europe was grateful for the High Commissioner’s reliable and truthful report and stressed that in today’s Europe it was unacceptable to use force to change borders of States. The Council of Europe would continue to support the forthcoming parliamentary elections and the adoption of comprehensive laws for the protection of internally displaced persons. Iceland condemned the illegal annexation of Crimea by Russia and strongly urged all parties to respect the ceasefire agreement to achieve a peaceful solution to the crisis. Switzerland expressed concern about arbitrary detention, enforced disappearances and torture and called for strict adherence to human rights norms, particularly in the context of custody and combating terrorism. The fight against impunity was necessary for stability in the short and long terms. Denmark welcomed the ceasefire agreement agreed on in Minsk and supported the recommendations contained in the High Commissioner’s report.

Ukrainian Parliamentary Commission for Human Rights welcomed the report and drew the Council’s attention to unhindered discrimination against Crimean Tatars after the occupation of Crimea. Participation in resulting protests had caused prosecution for those who had stood for their rights. International Federation for Human Rights Leagues said that the human rights situation in Ukraine was alarming. Serious human rights violations and abuses, including abduction and arbitrary detention, had been committed, and it had become increasingly difficult to investigate these in light of the escalating security situation. United Nations Watch was deeply concerned by the escalating situation in Ukraine. There had been repeated human rights violations against civilians, including women, children and journalists. The voices of the victims had to be heard. Russia could not be allowed to invade its neighbours with impunity.

International Fellowship of Reconciliation said that Ukraine had used the deteriorating situation in the east of the country as a pretext to reintroduce obligatory military service from the spring call-up of 2014. Young Ukrainians were now being conscripted into a civil war, a situation which was especially likely to cause a crisis of conscience. International Federation of Journalists said that according to its records at least seven journalists had been killed while covering the crisis in Ukraine since the start of this year. Many were also attacked, injured and detained by members of various armed groups. These incidents constituted serious violations of the rights and freedoms of journalists to work in safety and security. Minority Rights Group said the issue of minorities, their place in Ukrainian society, safeguarding their rights and their participation in political decision-making processes had been at the centre of the crisis. This was not only a challenge and humanitarian imperative for Ukraine, but also part of the solution to the conflict and a way to prevent further degradation.

Human Rights House Foundation called for full accountability for human rights violations on all sides, including those responsible for killing peaceful protestors in Maidan and armed groups in Eastern Ukraine. An investigation by the International Criminal Court would ensure accountability. Human Rights Watch was alarmed at the failure by all parties to protect civilians in Eastern Ukraine. Ukrainian and separatist forces had indiscriminately launched rockets in populated areas that killed dozens of civilians. Indiscriminate attacks were strictly prohibited by international humanitarian law, and perpetrators of these and other serious crimes had to be held accountable.

Concluding Remarks on Report on Ukraine

IVAN SIMONOVIC, Assistant Secretary-General for Human Rights, said in concluding remarks that the report was just the tip of the iceberg, many more violations lay beneath the surface. The ceasefire should be upheld, this was a lot, but not enough. It was a precondition for a political solution that should ensure sustainable peace, reconciliation and the rights of all, respecting all legitimate interests of people of Ukraine. This was important to prevent the situation turning into a frozen conflict. It was important to ensure the participation of minorities and civil society organizations in the peace process. Accountability was traditionally lacking in Ukraine. There was a need for accountability for what happened in Maidan and other cities, as well as for crimes committed during the conflict under international humanitarian law. It was also important to address the issue of the rule of law, to ensure the independence of judges and combat corruption. Internally displaced persons were in a particularly difficult situation, and additional resources were needed to prevent humanitarian emergencies during the next winter.

Interactive Dialogue with the Independent Expert on the Situation of Human Rights in Sudan

Documentation

The Council has before it the report of the Independent Expert on the situation of human rights in the Sudan (A/HRC/27/69)

The Council has before it an addendum to the report of the Independent Expert on the situation of human rights in the Sudan (A/HRC/27/69/Add.1)

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

MASHOOD BADERIN, Independent Expert on the situation of human rights in the Sudan, presenting his third report to the Human Rights Council, noted that Sudan continued to adopt relevant human rights legislation and policy, including passing of the Human Trafficking Act in January 2014 and the adoption of the 2014-2018 strategic plan by the National Commission on Human Rights. The international community should provide the required funds to the United Nations Development Programme to enable it to continue supporting Sudan in the implementation of the recommendations received under the Universal Periodic Review. However, the practical improvement of human rights on the ground still remained protracted and the Independent Expert urged Sudan to amend the 2010 National Security Act in conformity with its constitutional and international human rights obligations, to stop the curtailment of activities of civil society organizations and the continuing press censorship, and to ensure that the National Security Service carried out its operations with due consideration for Sudan’s constitutional and international human rights obligations.

The report also highlighted the continuing negative impact of armed conflicts on human rights in different parts of Sudan; Darfur, South Kordofan and Blue Nile continued to experience sporadic cycles of armed conflicts, violent attacks and banditry, which had serious effects on the lives of civilians. The recurrent armed conflicts between Government forces and armed rebel groups, as well as tribal clashes, continued to result in serious human rights violations and large-scale displacement of civilians in different parts of the country. The security situation in the conflict-affected regions of the country remained precarious. Mr. Baderin commended Sudan for the successful prosecution of perpetrators of gang-rape committed against a United Nations peacekeeper in El-Fasher and urged the Government to increase its efforts in ensuring that all perpetrators of crimes in the conflict areas were brought to justice to deter impunity. It was important for the international community to continue to provide adequate assistance and capacity building to Sudan and civil society organizations in order to address the challenges, and also to provide support to the United Nations Development Programme and the United Nations Assistance Mission in Darfur to enable them to continue to support the Government’s efforts in improving the human rights situation in the country.

Statement by the Concerned Country

Sudan, speaking as the concerned country, said that the country was making strides on the road to national reconciliation and dialogue to achieve peace, security and stability. The President had launched an initiative for national dialogue in order to achieve a comprehensive solution with all parties and political components without distinction. This had also led to a dialogue with all components of society. An Independent Expert had been designated in order to provide recommendations needed for technical assistance and capacity building. During his mandate, Sudan had welcomed him several times and cooperated in order to allow the evaluation of technical needs to build capacity in the field of human rights, and Sudan had given him its needs. Unfortunately, Sudan had not received technical assistance since 2011, therefore the mandate had not achieved its objectives and Sudan was taking stock of this experience. Unilateral sanctions were affecting the human rights of the Sudanese, more than they were affecting the Government. It had been hoped that the Special Rapporteur would submit recommendations to the Council in this regard, but he had totally ignored this.

Interactive Dialogue on Sudan

United Kingdom, speaking on behalf of 24 countries, welcomed positive steps taken by the Government of Sudan but remained deeply concerned about remaining human rights violations and urged Sudan to implement recommendations made by the Independent Expert. Sudan should allow full access to the Independent Expert, including where hostilities were taking place and to prisoners and civil society organizations. European Union welcomed the announcement of a national dialogue and the release of detainees. The European Union remained concerned about the human rights situation in Sudan, including the crackdown on the media and civil society. The European Union also condemned international humanitarian law violations in South Kordofan, Blue Nile and Darfur, including indiscriminate bombings and recruitment of children in armed forces.

United Arab Emirates, speaking on behalf of the Arab Group, welcomed Sudan’s cooperation with the Independent Expert and its initiative for a global national dialogue. It also appreciated all international and regional efforts to support this dialogue, including by the African Union. The Arab Group appreciated that measures had been taken place for the empowerment of women. Ethiopia, speaking on behalf of the African Group, welcomed Sudan’s cooperation with the Independent Expert and the initiative for a national political dialogue aiming at achieving peace. The African Union was participating in the preparatory process of this dialogue. Sudan should be supported in order to overcome the challenges in the country, including through technical assistance and capacity building.

Spain underscored its concern at the deterioration of the human rights situation in Sudan and the situation in South Kordofan, Blue Nile and Darfur, including indiscriminate bombing. Spain was concerned about restrictions on freedom of expression and freedom of religion, and violence against women. The use of the death penalty for the crime of apostasy was alarming. Qatar underlined the constructive cooperation of Sudan with the Independent Expert and welcomed the initiative for a national dialogue. Qatar noted the challenges faced by Sudan, and had made efforts to support reconstruction projects in Darfur. Qatar had recently committed to allocate $ 88.5 million for development in Darfur.

Czech Republic said the human rights situation in Sudan remained of serious concern, especially in Southern Kordofan, Blue Nile and Darfur. It condemned the aerial bombings, killings of civilians, rampaging of villages, destruction of property, and sexual and gender-based violence perpetrated by Government forces in Sudan. Montenegro was alarmed to hear of increasingly harsh measures targeting political protestors, journalists, students and civil society organizations. The Government was encouraged to further intensify its efforts towards an inclusive national dialogue, where participants could discuss political reform, economic equality, religious tolerance, and other issues. United States was greatly concerned by the escalation of violence and deterioration in the human rights situation in Sudan. Given that the Government was impeding international access to conflict areas, how could the international community take immediate action to assuage the adverse effects of attacks on the civilian population and assist in ending the armed conflict altogether?

United Arab Emirates said that through the report it had understood how the Government had responded to facilitating the mission of the Independent Expert. It was underlined that Sudan had made great steps to promote and protect human rights in the country. It had no doubt that the Government had the political will to overcome all challenges. Venezuela valued efforts made by Sudan to ensure that human rights in the country were respected. Sudan continued to make progress in legislative reforms required to improve the human rights situation. The Council should condemn the imposition of unilateral sanctions, which hurt the most vulnerable sectors of society and daily life.

Belgium supported the call on Sudan to implement recommendations by the Independent Expert. Belgium welcomed efforts and improvements, but remained extremely concerned about remaining challenges and violations in the conflict zones. Belgium urged Sudan to put an end to atrocities and bring those responsible to justice. Sudan should also take further steps to strengthen freedom of expression. Belarus noted the cooperation of Sudan with the Independent Expert, and welcomed Sudan’s constructive work in the field of human rights, including measures to combat human trafficking, establish a national dialogue and eradicate poverty. Belarus supported the call on the international community to provide technical assistance to Sudan. Togo noted with satisfaction that Sudan had engaged constructively with the Independent Experts and welcomed Sudan’s commitment to promote and protect human rights. Togo called on all parties to the conflict to find a peaceful solution, and called on the international community to support efforts by Sudan and provide it with technical assistance.

Italy shared concerns on the insufficient protection of civilians in conflict areas, restrictions on freedom of expression and harassment of civil society organizations. Italy welcomed the recent Addis Ababa agreement and the release of political prisoners, and would be ready to provide technical and financial support to initiatives for peace. Italy called on Sudan to ensure that freedom of religion and belief was protected. Sri Lanka took note of the peace negotiations and political dialogue initiated by Sudan, and welcomed efforts by Sudan to implement its human rights action plan, strengthen the protection of women, and combat human trafficking. The international community should provide technical assistance to Sudan. Norway welcomed Sudan’s willingness to improve the human rights situation in the country, but fully shared the concerns by the Independent Expert. Norway called on Sudan to lift restrictions against human rights defenders. Equally important was the protection of civilians in conflict zones, including from sexual violence. Full humanitarian access should be allowed.

Ireland said the report acknowledged that Sudan had made some progress in putting in place legislation, policies and structure to promote and protect human rights. Nonetheless, implementation remained a significant challenge. Sustainable long term change would not come about until a culture of peace was embedded across Sudanese society. Indonesia recognized the challenges faced by Sudan in pursuit of the promotion and protection of human rights. It believed that these challenges would be effectively addressed through constructive engagement between Sudan and the international community, taking into account the need to provide technical assistance as underlined by the Independent Expert. Mali was very pleased by the level of cooperation established between the Independent Expert and the Government of Sudan, which it encouraged Sudan to continue. It noted with great interest the 10-year Plan of Action drawn up by the Government, and Sudan was encouraged to step up its efforts aimed at implementing this plan. Yemen commended the cooperation and efforts deployed by the Government of Sudan in facilitating the tasks of the Independent Expert and cooperating with him. Yemen lauded the initiative of the President to hold an all-inclusive national dialogue in order to address the challenges facing the country in a just and comprehensive manner.

Pakistan acknowledged the efforts of the Government of Sudan for the protection and promotion of its people. However, a number of challenges faced by Sudan as a result of the absence of sustained peace due to rebel attacks and unilateral coercive measures could not be ignored and undermined the capacity of the Government to achieve sustained economic growth. Algeria noted with satisfaction the numerous measures undertaken by Sudan aimed at improving the human rights situation. Efforts deployed had temporarily improved the situation, particularly economic and social rights. These were encouraging, but were being hampered by foreign debt and unilateral coercive measures.

Egypt said despite remaining challenges, the situation and efforts by the Sudanese Government had improved over the past few years. Egypt welcomed the decision to initiate a national dialogue and called upon all stakeholders to provide technical assistance to Sudan. Egypt was concerned that representatives of donors subjected the allocation of financial support to the respect of human rights by Sudan. Kuwait was pleased to note the cooperation of Sudan with the Independent Expert, which demonstrated the willingness of Sudan to improve the situation and its willingness to receive technical assistance and capacity building. Kuwait welcomed the national dialogue initiated by the Government of Sudan. Germany welcomed that Sudan cooperated with the Independent Expert, and called on Sudan to allow him unhindered access to all parts of the country. Germany welcomed the initiative to hold a national dialogue. This had to be inclusive and allow the participation of all stakeholders, free of harassment. Germany called on Sudan to ensure accountability and the realization of the right to freedom of religion.

South Sudan commended the Independent Expert’s engagement with the Sudanese Government and other stakeholders, and Sudan’s cooperation with the mechanism. South Sudan encouraged all parties to work towards achieving peace. Sudan was facing challenges that needed support from all stakeholders. The situation in Sudan should continue being followed under item 10 of the Human Rights Council. Morocco highly valued Sudan’s efforts for the promotion and protection of human rights, including its cooperation with the Independent Expert. Morocco welcomed the national dialogue initiative and took note of positive measures such as the adoption of national legislation to combat human trafficking and the law on political participation of women. Cuba was as a matter of principle opposed to country specific mandates against countries of the South, and the use of item 10 of the Council to establish politicized country-mechanisms. Cuba however welcomed Sudan’s achievements in the promotion and protection of human rights. Cuba urged the international community to stand up against unilateral sanctions imposed on Sudan.

France said the Independent Expert on Sudan was a crucial mechanism to monitor the deeply concerning human rights situation in Sudan, especially in Darfur and South Kordofan where massive rights violations had taken place. The Government should fight impunity decisively; the indiscriminate bombing attacks on medical and humanitarian facilities and the targeting of humanitarian workers should not go unanswered. United Nations Children’s Fund said the humanitarian situation in Sudan was one of the worst children’s crises in the world. Over two million Sudanese children suffered acute malnutrition every year. Despite encouraging trends, much more needed to be done to address the nutrition crisis and the use of child soldiers. New legislation prohibiting female genital mutilation was commended, but the law had to be implemented. Australia expressed deep concern about human rights violations in Sudan with regard to freedom of religion or belief as well as restrictions on the freedom of the press, arbitrary detention of political leaders and serious abuses in Darfur, South Kordofan and the Blue Nile. Concern was also expressed about interruptions to vaccination campaigns.

Eritrea said it did not accept any country-specific mandates. However, as the mandate was established with the support of the concerned State, Eritrea said it would comment to commend the ongoing positive measures taken by Sudan to promote and protect human rights despite challenging circumstances. The lack of technical assistance since the establishment of the mandate was a great concern and Eritrea urged the international community to improve its support. China commended Sudan for progress made including its 10 year National Action Plan for Human Rights, advances in human rights education, poverty reduction programmes and legislative measures such as the new human trafficking act and the amendment of election laws to increase women’s participation. Côte d’Ivoire praised Sudan’s measures taken to enhance the national dialogue on human rights and encouraged the Sudanese authorities to continue their efforts to provide security to people living in conflict areas. It urged the international community to support Sudan in those endeavours.

East and Horn of Africa Human Rights Defenders Project said the human rights situation in Sudan continued to deteriorate as one of the most hostile and dangerous environments for human rights defenders in the world. Sudan one year ago cracked down on popular protests, resulting in the death of 170 people. Perpetrators of this violence had not faced justice. United Nations Watch was deeply concerned about the deteriorating situation in Sudan. Bombings had intensified in the Blue Nile region, mostly targeting civilians. Peaceful protestors were seriously injured in Khartoum, and other incidents occurred against human rights defenders. There was widespread impunity in Sudan. The situation in Sudan should be moved to item 4. Society Studies Centre (MADA ssc) said the situation in Sudan had to be perceived in the local context, taking into consideration that Sudanese people had been suffering from the imposition of unilateral measures and years of civil war. In this view, the Council should terminate the mandate of the Independent Expert and the international community should support the efforts for peace by Sudan.

International Federation for Human Rights Leagues was concerned about the deterioration of the human rights situation in Sudan, and the failure by this Council to adequately address the gravity of the situation there. Media and civil society associations continued to be victims of harassment and violence. Perpetrators of killings of peaceful protestors one year ago had still not been held accountable. Al Zubair Charitable Foundation in a joint statement with Eastern Sudan Women Development Organization regretted that civil society organizations had not received adequate support in Sudan. Financing civil society organizations had to be a priority for this Council, to allow them better cooperation with United Nations human rights mechanisms. The Council should end the Independent Expert’s mandate. Working Women Association said that it had worked on the empowerment of women in Sudan, including internally displaced women and rural women. Working Women Association required better support from the United Nations to support the achievement of the Millennium Development Goals in Sudan.

Human Rights Watch urged the Council do more on Sudan than just technical assistance, saying it should condemn in the strongest words the indiscriminate attacks on civilians, and that 11 years on, Sudan had made no meaningful progress in holding to account those responsible for crimes in Darfur. Maarij Foundation for Peace and Development asked the Independent Expert and the Council how the 18-year long sanction regime against Sudan had been effective, given its damaging impact on civilians leading to a reliance on humanitarian aid. More than half of Sudan’s population had lived their entire lives under sanctions.

Concluding Remarks by the Concerned Country

Sudan, in concluding remarks, thanked the delegations which had commended its efforts in promoting and protecting human rights. Regarding remarks made by the European Union and others, Sudan emphasized that it had fully cooperated with the Independent Expert, including on his visits to the country. Yes, there were discrepancies in the way Sudan promoted and protected human rights, but civilians were being attacked by rebels, not the Government. It was not true that there were still political detainees as the President of Sudan recently released them; those still detained had been arrested for common law crimes. Non-governmental organizations were allowed free access to all parts of Sudan and the number of non-governmental organizations operating in the country had increased by more than 150 per cent to 91.

Sudan had provided the Independent Expert with a report on the legal measures it had taken regarding the events of 2013; it was trying to end impunity and ensure the rule of law. Sudan asked the Council why some Members had not responded positively to its efforts such as the new National Human Rights Action Plan. The international community had failed to provide any technical assistance to Sudan. It was time for the international community to lift the unilateral sanctions on the people of Sudan.

Concluding Remarks by the Independent Expert on Sudan

MASHOOD BADERIN, Independent Expert on the situation of human rights in Sudan, said that the purpose of the mandate was to assess and verify the human rights situation in the country to determine what kind of capacity building and technical assistance was required. The main issue that affected the human rights situation in Sudan was the armed conflict. In order to encourage the ongoing national dialogue, it was essential to respect freedom of expression and transparency and to include political parties and actors. There were four urgent letters or appeals sent to Sudan during the reporting period; they were confidential in nature and the delegations wishing to know what they were in relation to should contact the relevant Special Procedures. One of the results of the capacity building efforts in Sudan was the creation of the National Human Rights Commission. The recently adopted 10-year National Action Plan was the ground to continue the cooperation with the Government and plan for the capacity building and technical assistance. The African Union/United Nations hybrid operation in Darfur (UNAMID) was doing a lot of work in community policing, especially in areas of armed conflict where Government institutions were absent. Technical assistance and capacity building must be attached to institutions which addressed the human rights situation on the ground, namely the judiciary, the police and civil society organizations. The Independent Expert supported the call of Sudan for the removal of the sanctions which adversely affected institutions and essential sectors such as health and education. There was a need to put pressure on the rebel groups controlling conflict areas to allow access to the Independent Expert.

Interactive Dialogue with the Special Rapporteur on the Situation of Human Rights in Cambodia

Documentation

The Council has before it the report of the Special Rapporteur on the situation of human rights in Cambodia (A/HRC/27/70)

Presentation of Report by the Special Rapporteur on the Situation of Human Rights in Cambodia

SURYA PRASAD SUBEDI, Special Rapporteur on the situation of human rights in Cambodia, commended Cambodia for its cooperation with his mandate over the last six years, noting that this would be his last presentation to the Council as his term would end in March 2015; however, he would make a final visit to the country in January 2015. The situation in Cambodia had changed a great deal over those six years. The leaders of the ruling and opposition parties struck a deal in July this year to end the political deadlock in the country, which was currently in the process of a peaceful political transition. The Special Rapporteur commended Cambodia for implementing some of his recommendations, and its assurances that other recommendations were in the process of being implemented.

There had been periods of despair, recalled the Special Rapporteur, when the leader of the opposition party had been in exile due to politically motivated charges, and a prominent human rights activist and director of an independent radio station had been imprisoned, and there had been attempts to silence dissent from many quarters, including through assassinations. Despite being subject to orchestrated harassment himself, he had remained persistent, objective and impartial in the implementation of his mandate, and things were beginning to take a turn for the better. He spoke about progress made and challenges remaining in the areas of judicial and parliamentary reform, land rights and tackling corruption and impunity for perpetrators of violence against peaceful protestors in repeated incidents since last September.

The Special Rapporteur said the world had witnessed unprecedented events in the Khmer Rouge Tribunal, which convicted two of the most senior leaders of the Pol Pot regime on charges of crimes against humanity. It was difficult to convey what that meant to those who suffered atrocities at their hands. In a message to the Tribunal’s donors, who understandably showed signs of fatigue, he stressed how critical their steadfast support was as the Tribunal advanced on the most important crime of all – genocide. Without a doubt, the most significant change since July 2013 was that the Cambodian people had found their voice, and that deserved to be celebrated. Cambodia was on the cusp of historical change, not in the political arena but in the human rights protection infrastructure. The watchful eye and helping hand of the international community was critical now to keep the momentum going in a positive direction.

Statement by Concerned Country

Cambodia, speaking as the concerned country, expressed satisfaction with the overall assessment by the Independent Expert that the human rights situation in Cambodia was moving forward on the right track and said that in July a political agreement had been reached to end a year-long crisis following the national election which called for a comprehensive reform of the National Election Committee. Remarkable reforms were underway in the National Assembly and the Senate leadership was under reform as well. With regard to the judicial reform, Cambodia had adopted three fundamental laws to strengthen the capacity, independence, impartiality and integrity of the judiciary. The process on establishing a national human rights institution in accordance with the Paris Principles was moving forward and the Government had put in place a temporary national preventive mechanism against torture under the Ministry of Interior.

Interactive Dialogue on Cambodia

European Union said that further progress in the improvement of the situation of human rights in Cambodia was needed and was deeply concerned about the use of violence and excessive force since the elections and urged the Government to ensure public and parliamentary transparency in the passing of new laws. Japan welcomed the agreement reached in July between the ruling and the opposition parties and the passage of the three laws which would strengthen judiciary independence and transparency and encouraged Cambodia to address the outstanding human rights challenges. New Zealand commended positive recent developments in Cambodia such as the engagement with the Sub-Committee on Torture and the reforms that would make its electoral and parliamentary systems more transparent, and expressed concern about poor conditions of detention. Morocco said that the political openness of Cambodia had been demonstrated in the recent elections and welcomed its cooperation with human rights bodies and mechanisms, including the visits by Special Procedures.

United States commended Cambodia for the successes cited in the report, but regretted it had drafted key laws and submitted them to parliament with little public consultation or transparency. It called on Cambodia to adopt legislation on freedom of assembly and association, and to hold accountable perpetrators of violence during demonstrations, including members of the security forces. France commended Cambodia for the largely peaceful progress in the broadening of democratic space, reform of the political system and protection of economic, social and cultural rights. The political crisis and related violence were nevertheless a serious concern, and France called for greater transparency from the Government. Ireland called on Cambodia to officially lift the ban on demonstrations in law and practice and to protect human rights defenders and trade union leaders so they could continue their work without threat and violence. It also called on Cambodia to support civil society in its work, particularly in areas where it was supplementing Government services.

Viet Nam said sharing cultural, social and historical similarities, Viet Nam stood hand in hand with Cambodia on its road to independence, freedom and development and commended it for the remarkable progress made in recent years. Challenges ahead included strengthening national solidarity, continuing the fight against racism, intolerance and poverty, and promoting education and the rights of women, children, the elderly and migrants. Malaysia commended Cambodia for its achievements, noting in particular positive developments from the private land titling programme which was led personally by the Prime Minister, and its national housing policy. The proper management of land was essential to a nation’s development, said Malaysia, reiterating it would continue to provide technical assistance in various fields to Cambodia. China said it endorsed the Special Rapporteur’s recognition of Cambodia’s progress in human rights, particularly in the rights to land and housing. China called on the international community to view the human rights situation in Cambodia with objectivity and impartiality and to provide technical assistance with a constructive attitude.

Lao People’s Democratic Republic welcomed the efforts of Cambodia in promoting and protecting human rights in the country, including, among others, gender equality, empowering women and protecting the rights of children, and progress made in poverty alleviation and socio-economic development of the country. United Kingdom urged the Government to undertake credible, public and parliamentary consultations before introducing new laws, including the draft cyber-crime to ensure they did not curtail fundamental rights, such as freedom of expression. It was concerned about reports of anti-Vietnamese rhetoric in Cambodia. Thailand hoped to see Cambodia further strengthen its legal framework for human rights protection. It was felt that some recommendations relating to Cambodian migrants in Thailand went beyond the mandate. Thailand had been closely working with the relevant Cambodian authorities to address the situation regarding these Cambodian migrants. Australia urged the Government to build upon work towards legal and judicial reforms. It was encouraged to develop a mechanism to ensure workers had a right to an adequate and fair minimum wage. It looked forward to Cambodia establishing a national human rights institution, in line with the Paris Principles.

World Organization against Torture expressed concern over the situation of human rights defenders in Cambodia. Threats against human rights defenders were widespread and systematic and frequently took the form of physical and psychological violence as well as judicial harassment. Human rights defenders who worked on land and housing rights were particularly at risk. Forum Asia said that in 2014 a crackdown on peaceful protests in Cambodia had been witnessed. Several demonstrations had been violently dispersed, a blanket ban on assembly had been enforced without any legal basis, and human rights defenders continued to be targets of intimidation, arbitrary arrest and detention.

Canadian HIV/AIDS Legal Network said in a joint statement with International Lesbian and Gay Association that Cambodian lesbian, gay, bisexual and transgender persons were severely discriminated against, abused and subjected to socio-economic exclusion in families, communities and workplaces. Human Rights Now was concerned about the widespread violations of the right to peaceful assembly and the right to fair trial in Cambodia and called on the Council to closely monitor the situation. International Federation for Human Rights Leagues said the progress in the human rights situation in Cambodia remained weak, adding that the three judicial laws adopted by the Assembly failed to guarantee the independence of judges, placing them under the control of the executive branch. Article 19 said that the presence of the United Nations and in particular the Special Procedures was essential given the absence of a national human rights institution and the persistence of the Government in committing human rights violations in complete impunity.

Human Rights Watch said that since the July 2013 elections which were neither free nor fair, Cambodia had suffered particularly serious human rights violations as a result of determined efforts by the Cambodian People’s Party Government to suppress mass demonstrations against election fraud, strikes by trade unions for increased wages and protests all over the country against land-grabbing. The Council should continue to scrutinize the situation in the country and call on the Government to implement the substantive reforms to protect human rights and advance democratic governance in the country. World Association for the School as an Instrument of Peace regretted that the situation in Cambodia had worsened, and said the last elections were marked with irregularities. Cambodia’s problems were deeply rooted. There was a total lack of justice there. The Tribunal in charge of judging the Khmer Rouge should strengthen its efforts to ensure justice to the victims.

Concluding Remarks by the Concerned Country

Cambodia, in concluding remarks in response to statements made by non-governmental organizations on human rights violations based on sexual orientation and gender identity, said that there was no law in Cambodia that led to violations of the rights of lesbian, gay, bisexual and transgender persons, and therefore no legislation to repeal.

Concluding Remarks by the Special Rapporteur on Cambodia

SURYA PRASAD SUBEDI, Special Rapporteur on the Situation of Human Rights in Cambodia, shared some concerns expressed this afternoon. Without the support of the United Nations and civil society organizations, it would not have been possible for him to implement his mandate. He agreed with observations made that impunity was a major concern in Cambodia. The list of perpetrators of human rights violations who had not been brought to justice was growing, and Cambodia should step up its efforts to ensure accountability. An independent national human rights institution had not been acted upon by the Government. The use of violence in Cambodia had been disproportionate, illegal and non-justifiable. Judicial and prison reforms had begun, and tangible progress had been achieved to address deficiencies. The process of broadening the democratic space was encouraging. The political deal concluded with the opposition last July was a positive step. Concrete achievements in the field of human rights had now to be achieved. Monitoring of the situation in Cambodia had to remain, and every positive evolution there had to be supported by the international community. There had been some encouraging progress in Cambodia, the two political parties had reached a deal and the national assembly was functioning. There was an opportunity for Cambodia to carry out significant electoral reforms, including through modifications of the Constitution. New legislation should be introduced to strengthen the role and independence of the judiciary. Regarding the crackdown in January this year, concerns had been raised at the highest level, and as a result people arbitrarily detained had been released. The Special Rapporteur was concerned about the situation of lesbian, gay, bisexual and transgender persons. He would continue to monitor their situation, engage with civil society organizations working on the issue, and make recommendations accordingly.

Right of Reply

Sudan, speaking in a right of reply, urged States to refrain from undue criticism which did not serve the interests of the Human Rights Council and to support human rights instead of giving a green light to rebel movements. Human rights were independent and indivisible and the right to development was a fundamental right which States should not use as a political tool in blatant violation of human rights.

Russia, speaking in a right of reply, said that the efforts of the international community, including the Human Rights Council, must now be focused on supporting the fragile peace in Ukraine and the peace negotiations between Kiev and Moscow.


For use of the information media; not an official record

HRC14/136E