COUNCIL DISCUSSES REPORTS ON GUATEMALA, BOLIVIA, COLOMBIA, CYPRUS AND IRAN UNDER ANNUAL REPORT OF THE HIGH COMMISSIONER

The Human Rights Council this afternoon heard the presentation of country reports on Guatemala, Bolivia, Colombia, Cyprus and Iran under the agenda item on the annual report of the High Commissioner for Human Rights and reports by the Office of the High Commissioner and the Secretary-General, followed by a general debate. It then heard the presentation of reports on Afghanistan, Libya, Guinea and South Sudan under its agenda item on technical assistance and capacity building, followed by a general debate.

Introducing the reports on Guatemala, Bolivia, Colombia, Cyprus and Iran, Flavia Pansieri, Deputy High Commissioner for Human Rights, welcomed the progress made in addressing past and present human rights violations in Guatemala and commended the work of specialized courts established to handle cases of femicide and other forms of violence against women. She said the report on Bolivia highlighted the important policies implemented by the Government to combat extreme poverty, malnutrition, racism and other forms of discrimination, and the progress in addressing the pernicious problem of gender-based violence. Structural deficiencies in the administration of justice remained a major challenge in Bolivia.

Two years into the peace negotiations, Ms. Pansieri said the armed conflict in Colombia continued to take a toll on human lives, and the country was at a turning-point: a negotiated end to the armed conflict could mean tremendous improvement to the human rights situation, on a scale not seen in a generation. She said the report on Cyprus described several positive developments in 2014, including on the identification and return of the remains of missing persons, and an improved climate of interreligious communication and cooperation. The persisting division of the island remained an obstacle to the full enjoyment of all human rights by the whole population of Cyprus. Ms. Pansieiri said concerning Iran, the Secretary-General welcomed achievements in the field of women’s education and health, and expressed concerns about continued executions in Iran, including for minors, and advocated a moratorium on the use of the death penalty.

Guatemala, Bolivia, Colombia, Cyprus and Iran spoke as concerned countries.

Guatemala said that transitional justice was fundamental to bring about the rule of law, and said that some individuals could not be criminally prosecuted because this would stop the steps being taken towards truth and reconciliation. The implications of amnesty were not contrary to international law.

Bolivia said that it was important to ensure that the review of the human rights situation was done in a multilateral setting, and the Universal Periodic Review was a mechanism to be further bolstered with the involvement of civil society.

Colombia agreed that the negotiated end of armed conflict would ensure stability and economic growth, and would enable Colombia to address inequalities in all parts of the country.

Cyprus said that the island still remained partitioned, which impeded the promotion and protection of human rights of all Cypriots, and said that it was imperative that an environment conducive to negotiations prevailed, and that all threats to the Cyprus Exclusive Economic Zone stop.

Iran objected to some parts of the Secretary-General’s report and stressed that the death penalty in Iran was regulated by law and that it was applied only to the most serious crimes, including terrorist activities. A great deal of compassion was demonstrated when handing down death sentences to those under the age of 18.

In the general debate on the annual report of the High Commissioner for Human Rights and reports by the Office of the High Commissioner and the Secretary-General, speakers commended the efforts of the Office of the High Commissioner for Human Rights to promote the moratorium on the death penalty and congratulated the steps taken by the concerned countries in the promotion and protection of human rights. Challenges still remained however. In Guatemala the psychological hospital Federico Mora remained an issue of concern. In Colombia, the peace process was commended; however there was concern about the killing of human rights activists. In Bolivia, the recognition of gender equality in all State structures was commended. In Cyprus, there was concern that the report did not address the violations against the rights of Turkish Cypriots, who faced increased discrimination and violence. There was concern that Iran had not yet lifted the ban on some trade unions, and that the administration of death penalty continued. All countries were united in putting the end to the crimes committed by ISIS; the collection of evidence of those crimes was crucial to provide justice. All agreed on the necessity to increase the budget of the Office of the High Commissioner for Human Rights.

Speaking were Latvia on behalf of the European Union, Algeria on behalf of the African Group, Netherlands on behalf of a group of 45 States, Ireland, United States, Norway, Greece, Spain, Turkey, Burundi, and Switzerland.

The following non-governmental organizations also took the floor: Association for the Prevention of Torture, World Organization against Torture, Columbian Commission of Jurists, Verein Sudwind Entwicklungspolitik, World Baura Organization, Advocates for Human Rights, Amnesty International, Centre Europe-Tiers Monde, AUA Americas Chapter, International Service for Human Rights, Indian Council of South America, International Fellowship of Reconciliation, and Peace Brigades International.

Speaking in right of reply were Iran, Greece, Cyprus, Malaysia and Turkey.

Introducing the reports on Afghanistan, Libya, Guinea and South Sudan under the agenda item on technical assistance and capacity building, Ms. Pansieri said in Afghanistan, the human rights situation in 2014 was considerably affected by the rise of anti-government element offensives, and resulted in an extremely heavy toll on civilians. Violence against women and girls remained pervasive and unaddressed, and impunity for abusive detention practices, including torture, had continued. She said Libya faced deterioration in its the human rights situation in 2014. Armed groups indiscriminately shelled heavily populated areas in Tripoli and Benghazi, using heavy artillery and aircraft, killing and injuring many hundreds of civilians. Women, rights defenders and media professionals were particularly targeted. The justice system was not operational in parts of the country, and impunity prevailed.

In Guinea, Ms. Pansieri said the difficult socio-economic context was exacerbated by the terrible outbreak of Ebola. It was essential to promote and ensure free and open dialogue. There had been improvements in reforming the security sector but lack of progress in strengthening the rule of law and addressing impunity. In South Sudan, she said more than one year after violence had erupted, violations of international human rights and humanitarian law continued, including the killing and wounding of civilians and conflict-related sexual violence. Grave violations and abuses perpetrated against children, including large scale recruitment of children by both parties to the conflict, had been documented.

Afghanistan, Libya, Guinea, and South Sudan spoke as concerned countries.

Afghanistan said that in June 2014, nearly 7 million Afghans, of whom 31 per cent women, had turned out to vote in the historic run-off presidential elections, and its National Unity Government was ready to promote human rights of all citizens.

Libya said that it was vital that the perpetrators of atrocities, namely Da’esh, were held accountable. The Government expressed hope that increased resources would be provided for capacity building in the country. Efforts to achieve peace and stability were vital for improving the human rights situation and establishing the rule of law.

Guinea said it was committed to address limitations relating to its judicial system. Acts of violence continued, including during public manifestations that did not reflect the culture of democracy. The Government was committed to continue training and awareness raising in the field of human rights.

South Sudan said the Government had undertaken steps to combat sexual violence and the recruitment of children, to identify root causes of the conflict, and to protect internally displaced persons. It was committed to peace talks as the only option and had granted amnesty to all those waging war against the State.

In the general debate on technical assistance and capacity building, speakers reiterated their strong support for the High Commissioner and his Office, and paid tribute to their valuable work in the areas of technical assistance and capacity building. Speakers welcomed the relentless efforts by the Intergovernmental Authority on Development’s Monitoring and Verification Mechanism for South Sudan in the search for a lasting solution to the ongoing conflict in the country. They also welcomed the work of the African Union Commission of Inquiry in South Sudan but remained concerned about insecurity and impunity in the country. Speakers were encouraged by the growing participation of women in the election process in Afghanistan, but remained concerned that violence against them persisted. They welcomed actions by Guinea to protect human rights and combat the Ebola virus, but expressed concern about the stigmatization of Ebola survivors. Speakers called on all parties in Libya to end hostilities and engage in an inclusive political dialogue. All countries remained concerned by the threat of ISIL to the people of Iraq and Syria. Speakers stressed the importance of technical assistance but also the right of States to choose how to develop their rights.

European Union, Canada on behalf of a group of States, Ethiopia on behalf of the Inter-Governmental Authority for Development, Egypt on behalf of a group of 17 like-minded countries, Ireland, United States, Netherlands, United Kingdom, China, France, Thailand, Egypt, Senegal, Sudan, Ukraine, Italy, Georgia, and Angola took the floor.

Russian Federation and Thailand spoke in right of reply.

The Human Rights Council will next meet on Thursday, 26 March 2015, at 9 a.m. to conclude the general debate on technical assistance and capacity building, and to adopt the outcome of the Universal Periodic Review of the Gambia. It is expected to start to take action on draft resolutions and decisions at noon.

Documentation


The Council has before it the annual report of the United Nations High Commissioner for Human Rights (A/HRC/28/3)

The Council has before it an addendum to the report of the United Nations High Commissioner for Human Rights on the activities of his office in Guatemala (A/HRC/28/3/Add.1)

The Council has before it addendum to the report of the United Nations High Commissioner for Human Rights on the activities of his office in the Plurinational State of Bolivia (A/HRC/28/3/Add.2)

The Council has before it an addendum to the report of the United Nations High Commissioner for Human Rights on the situation of human rights in Colombia (A/HRC/28/3/Add.3)

The Council has before it the report of the Office of the United Nations High Commissioner for Human Rights on the question of human rights in Cyprus (A/HRC/28/20)

The Council has before it a note by the Secretariat on the report of the Office of the United Nations High Commissioner for Human Rights (A/HRC/28/23)

The Council has before it the report of the Secretary-General on the situation of human rights in the Islamic Republic of Iran (A/HRC/28/26)

Presentation of Country Reports of the High Commissioner and the Secretary-General under the Annual Report of the High Commissioner and Reports by the Office of the High Commissioner and the Secretary-General

FLAVIA PANSIERI, United Nations Deputy High Commissioner for Human Rights, introducing country reports of the Secretary-General and the High Commissioner, welcomed the progress made in addressing past and present human rights violations in Guatemala and commended the work of specialized courts established to handle cases of femicide and other forms of violence against women. The report highlighted developments that undermined the independence of the judiciary and the fight against impunity, in particular serious flaws in the selection of judicial authorities, and increased threats and attacks against judges and prosecutors involved in the investigation or prosecution of high profile cases linked to corruption and organised crime. In that regard, the role of the International Commission against Impunity in Guatemala remained crucial.

Ms. Pansieri said the report on the activities in Bolivia highlighted the important policies implemented by the Government to combat extreme poverty and malnutrition, to improve access to education, health and water, and to combat racism and other forms of discrimination. Progress had been made in addressing the pernicious problem of gender-based violence, with the adoption of the Law on Guaranteeing Women a Life Free from Violence. Structural deficiencies in the administration of justice remained a major challenge, as the reform of the judicial system had not yet eliminated chronic problems, such as excessive and prolonged use of pre-trial detention and impunity. A comprehensive justice reform plan was needed to effectively promote judicial independence.

There were very promising developments in the human rights situation in Colombia, said Ms. Pansieri, not least the peace efforts and the unprecedented decision to bring the voices of the victims of the conflict to the negotiating table. Inequalities must be addressed, as large segments of Colombia’s population remained marginalised. The joint search for innovative approaches to issues linked to the peace agenda, such as rural development, was also very encouraging. Addressing past violations was also a cornerstone for peace; despite the efforts by the Attorney General’s Office, impunity persisted for gross human rights violations, particularly at command levels. Two years into the peace negotiations, the armed conflict continued to take a toll on human lives, and Colombia was at a turning-point: a negotiated end to the armed conflict could mean tremendous improvement to the human rights situation, on a scale not seen in a generation.

The report on the human rights situation in Cyprus described several positive developments in 2014, said Ms. Pansieri, including on the identification and return of the remains of missing persons, and an improved climate of interreligious communication and cooperation. The persisting division of the island remained an obstacle to the full enjoyment of all human rights and fundamental freedoms by the whole population of Cyprus. Human rights and gender-related issues should be integrated in the negotiations and the political dialogue aimed at achieving a comprehensive settlement of the Cyprus problem.

Ms. Pansieri said the report of the Secretary-General on the situation of human rights in Iran outlined patterns and trends in the death penalty; limitations on freedoms of expression, association and peaceful assembly; the continued arrest and persecution of media professionals, human rights defenders and lawyers; women’s rights; and the rights of minorities. The Secretary-General welcomed achievements in the field of women’s education and health, and encouraged the Government to eliminate discrimination against women in all spheres of life, including political, social and cultural. As in previous reports, the Secretary-General expressed concerns about continued executions in Iran, including for minors, and advocated a moratorium on the use of the death penalty. The lack of Iran’s meaningful cooperation with the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran was regrettable.

Statements by Concerned Countries

Guatemala, speaking as a concerned country, stated that while some of the recommendations of the report of the Office of the High Commissioner for Human Rights were objective and acceptable, others were questionable because they took into account information that was unclear and had not taken into account information provided by the Government. The legitimate actions of the Government were thus put into question, including actions in view of transitional justice which was fundamental to bring about the rule of law. Individuals could not be criminally prosecuted because this would mean stopping the steps taken towards truth and reconciliation. The implications of amnesty were not contrary to international law and were necessary for a negotiated finalization of the armed conflict. They were not incompatible with the State’s right to investigate the violation of human rights. A negotiable solution was superior to the annihilation of the opponent in a conflict. The firm determination to ensure the respect of human rights meant that States had to exercise moderation when looking at armed conflict and widespread violence. Amnesty or pardon was an institution enshrined in the Geneva Conventions.

Bolivia, speaking as a concerned country, reiterated its commitment to maintain dialogue on the human rights situation in the country and to the promotion and protection of human rights, as evidenced by its invitation to the High Commissioner for Human Rights to open an office in Bolivia. It was important to ensure that a review of a human rights situation was done in a multilateral setting, and the Universal Periodic Review was a mechanism to be further bolstered with the involvement of civil society. Bolivia reserved the right to present a more detailed reply to the report in question in the next few days.

Colombia, speaking as a concerned country, appreciated the work by the Office of the High Commissioner that was an important partner in the promotion and protection of human rights, and said that the report recognized the efforts by the Government to fulfil its human rights obligations. The Government agreed that the negotiated end of the armed conflict would ensure stability and economic growth, and would enable Colombia to address inequalities in all parts of the country. Colombia welcomed the appeal of the High Commissioner to FARC to respect their humanitarian and human rights obligations. For the first time in history, Colombia’s National Development Plan had a territorial approach, which was an attempt to correct regional disparities. The Office of the Prosecutor General had established a new procedure for the investigation of human rights violations, and Colombia was seeking to ensure the protection of human rights defenders.

Cyprus, speaking as a concerned country, reiterated appreciation for the continued interest of the Office of the High Commissioner for Human Rights in Cyprus. The island still remained partitioned, with the northern part occupied by the Turkish military, which impeded the promotion and protection of human rights of all Cypriots. It was noted that some references of the Turkish Cypriot documents ran contrary to United Nations resolutions, and in some instances those references were misleading. For example, references to settlements from Turkey failed to mention that they were illegal. The Government of Cyprus would take up all those problematic references in a constructive manner with the High Commissioner. It was imperative that an environment conducive to negotiations prevailed, and that all threats to the Cyprus Exclusive Economic Zone stopped.

Iran, speaking as a concerned country, said it was trying to respect and promote the fundamental freedoms of all its citizens, respecting their cultural heritage and social and economic rights. It objected to some parts of the Secretary-General’s report, noting that he should have paid more attention to facts on the ground and that he should have refrained from using unfounded statements. It was stressed that the death penalty in Iran was regulated by law and that it was applied only to the most serious crimes, including terrorist activities. A great deal of compassion was demonstrated when handing down death sentences to those under the age of 18. Women’s health and education were given great consideration and attention in Iran. Profound regret was expressed about the fact that the report was silent about the unjust sanctions imposed against the people of Iran. Nevertheless, Iran was determined to continue working towards the creation of a better society.

General Debate on the Annual Report of the United Nations High Commissioner for Human Rights and Reports of the Office of the High Commissioner and the Secretary-General

Latvia, speaking on behalf of the European Union, commended the Office of the High Commissioner for Human Rights’ efforts to promote the moratorium on the death penalty. The European Union welcomed the reports on Colombia, Guatemala, Afghanistan and Libya and condemned the loss of over 1,000 civilians last summer in and around the Gaza Strip. While recognizing Israel’s legitimate right to defend itself, it recalled the obligation that military operations had to be proportionate and in line with international humanitarian law. It called on all parties to reach a durable ceasefire based on the agreement of 26 August 2014. It stressed the need for accountability for possible excessive use of force.

Algeria, speaking on behalf of the African Group, thanked the High Commissioner for the two reports on South Sudan and congratulated him for the steps taken to help the transitional Government in Sudan South. Despite challenges, South Sudan had managed to overcome some of the difficulties with the help of the United Nations Mission in South Sudan. South Sudan’s partners and the international community were urged to provide the country with technical assistance in the field of human rights. The measures taken by the Government were perfectly in line with the commitments made in the framework of the African Union. Setting up any other parallel mechanism was dangerous and would undermine the process taken under the Inter-Governmental Authority on Development.

Netherlands, speaking on behalf of a group of 45 States, expressed grave concern about continuing human rights abuses and violations in South Sudan over the past 15 months. The Government of South Sudan and the Sudan People’s Liberation Movement/Army in Opposition Forces had failed to make the necessary compromises for peace. The people of South Sudan were suffering disproportionately as a result of this impasse and continued conflict. The African Union Commission of Inquiry would document abuses and gross violations on a mass scale by all parties. It was important that this report was released so that the cycle of impunity could be broken.

Ireland welcomed the report on Colombia and noted the importance of the peace process for the achievement of human rights objectives. The human rights situation remained of concern and the killing of 45 human rights activists in 2014 was deeply disturbing. In Bolivia, Ireland looked forward to the recognition of gender equality in all State structures and was concerned about issues related to the justice system, saying that impunity should not be tolerated.

United States said that the international community was united in putting an end to ISIS crimes. Efforts to collect and preserve the evidence of those crimes were crucial for the attempts to provide justice. The United States condemned abuses committed against civilians in the Central African Republic and said that perpetrators must face justice for their crimes. In Gambia, the enjoyment of rights of lesbian, gay, bisexual and transgender persons was of concern, especially in light of the recent introduction of the crime of aggravated homosexuality.

Norway appreciated the commitments of the new Government in Sri Lanka and said that the extra time granted for the High Commissioner’s report would allow the Government to set up a credible domestic mechanism to deal with human rights violations. In Colombia, the increase in the attacks and threats against human rights defenders, especially in rural areas, was worrying; Colombia should increase their protection. The Office of the High Commissioner for Human Rights played a key role in addressing human rights challenges in Guatemala, and it was important to provide it with adequate resources and support.

Greece expressed its appreciation for the report on Cyprus. The High Commissioner had to remain seized of the situation as the reason for the mandate still existed, given the continuing partition of the island. Settlements from Turkey were contrary to the United Nations Security Council resolutions. Families of the missing had been struggling for decades to find out the truth. The Security Council had condemned the illegal secession of the north.

Spain noted that the reports testified to the important work done by the Office of the High Commissioner in the field. Spain supported the announced reform of the Office and the increase in its staff. It welcomed Colombia’s efforts to achieve a peace agreement and expressed hope that definitive peace would be achieved and that victims would receive justice and compensation. Spain supported the proposal that the mandate for Colombia be extended for another three years. It also supported the Commission for Impunity in Guatemala and would follow proposals for the renewal of its mandate.

Turkey said that the absence of a solution for the crisis in Cyprus continued to impede the rights of Turkish Cypriots. The report did not address the violations against their rights, such as increasing cases of discrimination and violence against Turkish Cypriots, the ban on the use of Turkish geographic names, and impediments to their freedom of movement and visits to places of worship in the southern part of island. The continuing crisis in the island was perpetuated by the Greek Cypriot community. Turkey supported a United Nations-sponsored settlement.

Burundi considered it necessary to increase the budget of the Office of the High Commissioner for Human Rights. Peace and security prevailed in Burundi and the electoral process was going on normally. Upcoming elections would be free, transparent and fair. The exercise of freedoms went hand in hand with obligations. No one could be above the law. Burundi reiterated its commitment to work with the Office of the High Commissioner for Human Rights.

Switzerland thanked the High Commissioner for his report on the situation in Columbia. With the peace process, Colombia was living a decisive phase in strengthening the protection and promotion of human rights, especially in rural areas. Switzerland was concerned about the high level of human rights abuses of human rights defenders. It congratulated the Colombian Government on the restructuring of the Bureau of the Prosecutor General and hoped that the investigations would be more efficient with respect to human rights defenders.

Association for the Prevention of Torture welcomed the reports on Columbia and Guatemala. The establishment of the national preventative mechanism against torture in Guatemala and the ratification of the Optional Protocol to the Convention against Torture were welcomed by the report. Challenges included the psychological hospital Federico Mora and the Government was encouraged to work with the national mechanism in this respect. On Columbia, the High Commissioner had recommended that the Optional Protocol to the Convention against Torture be ratified. Prison overcrowding prompted the need to establish a national preventative mechanism against torture to look into the situation of detention centres in Columbia.

World Organization against Torture said that in Colombia, the ongoing acts of torture were of concern and it was imperative to introduce a separate crime of torture. Colombian prisons were suffering from the serious problem of overcrowding and the rights of detainees were being seriously violated. There was an alarming increase of extrajudicial executions in Guatemala in the context of social protests.

Colombian Commission of Jurists said that the report on Colombia highlighted challenges in terms of lack of political will to accept the human rights violations of the past, and the contravening of international obligations such as the expansion of military justice. The Office of the High Commissioner for Human Rights remained the eyes of the international community as far as the human rights situation in Colombia was concerned.

Verein Sudwind Entwicklungspolitik said that Iran had not yet lifted the ban on some trade unions, which were still subject to prosecution and unfair trial. Member States should stand up for the rights of Iranian prisoners and vote in favour of the renewal of the mandate of the Special Rapporteur on Iran.

World Barua Organization applauded the determination to redouble efforts to strengthen protection and end persistent discrimination and impunity in those countries where violence against minorities was rising. In India there were heightened threats against minorities by the new Hindu nationalist government, whose idea of the nation’s good was tied up with economic growth. Special development allocations for minorities had been considerably slashed down.

Advocates for Human Rights welcomed the High Commissioner’s report on the death penalty in Iran. The administration of the death penalty in Iran was alarming. Iran executed more juvenile offenders than any other country. It was worrying that the new code specified that the age of criminal responsibility under Sharia Law was 15 for boys and 9 for girls. Advocates for Human Rights urged the Council to renew the mandate of the Special Rapporteur on Iran.

Amnesty International said that the peace talks between the Colombian Government and FARC continued to make progress. However, the Government and FARC had failed to make an explicit commitment to guarantee justice for all victims of the conflict in line with international human rights law. In addition, the Government’s effort to promote legislation that would make it more difficult to prosecute alleged perpetrators could undermine the long-term viability of an eventual peace agreement.

Centre Europe-Tiers Monde shared concern about the extension of military jurisdiction into human rights violations in Colombia and said that the prosecutorial capacities of the State seemed to focus on investigating human rights defenders rather than perpetrators of human rights violations. Human rights defenders were vital in building peace and Colombia should guarantee their safety. Human rights problems would continue until impunity was tackled.

AUA Americas Chapter Inc in a joint statement with Assyrian Aid Society – Iraq, called for an end to genocidal attacks on Syriacs and Yazidis in Syria and Iraq, who, without meaningful intervention, would disappear. The attacks on these peoples were happening because they were Christians, and ISIS was systematically destroying their cultural heritage in the Ninwe Plain in an attempt to annihilate their future and their past.

International Service for Human Rights said that many attacks against human rights defenders had been registered in 2014 in Colombia and in Guatemala and urged the Governments to protect them from any further attacks. Human rights defenders in Guatemala who were working on indigenous and land rights were particularly vulnerable. Latin Americans States should protect women human rights defenders and defenders working on the rights of lesbian, gay, bisexual, transgender and intersex persons.

Indian Council of South America underlined that mining activities in Colombia affected the lives of indigenous people, and regretted that the plan proposed by Colombia to modernize the country did not take access to lands by indigenous people into account.

International Fellowship of Reconciliation regretted that murderers of persons rejecting the conflict in Colombia had not been held to account. The practice of mass kidnappings of young men in public places still persisted. International Fellowship of Reconciliation deplored the continued failure of the Government to enact general provisions to allow conscientious objectors not to perform military service.

Peace Brigades International Switzerland in a joint statement with World Organisation Against Torture and International Federation of Human Rights Leagues expressed concern about the vulnerability of human rights defenders in Guatemala and underlined threats and attacks against them. Arbitrary detention and criminal prosecution were used to obstruct the work of human rights defenders. There was furthermore a tendency to pass restrictive laws that criminalized the activities of human rights defenders, such as the Ley de Tumulos.

Right of Reply

Iran, speaking in a right of reply in response to unfounded allegations made by Canada, noted that such allegations were motivated by narrow-minded Canadian politicians. Bearing in mind that Canadian citizens were recruited by Da’esh, it was surprising that Canada questioned Iran’s efforts in providing assistance to the Iraqi Government to fight Da’esh. Iran invited Canadian politicians to open their eyes to the human rights violations against indigenous peoples in Canada, and to express their views in a more elegant fashion.

Greece, speaking in a right of reply in response to the statement made by Turkey, noted that the Treaty of Guarantee of 1960, whose signatory was Greece among others, could not justify in any way the blatant violation of international law which took place when the Turkish forces invaded the northern part of Cyprus in 1974.

Cyprus, speaking in a right of reply in response to the statement made by Turkey, noted that the invasion by the Turkish army and the subsequent partition of the island could not be justified with the Treaty of Guarantee of 1960. It was noted that no excuse could be used to intervene unilaterally. It was recalled that severe violations of human rights of all Cypriots took place due to the Turkish invasion.

Malaysia, speaking in a right of reply, said that Malaysia had an independent judiciary and the case of Mr. Ibrahim had been brought about by an individual. This case had reached a verdict after evidence had been heard and examined.

Turkey, speaking in a right of reply, said that 1960 Treaty of Guarantee had been based on equality between Turkish and Greek Cypriots and that this balance had been destroyed by Greek Cypriots in the name of annexing the island to Greece. The Turkish intervention had been legitimate and its presence on the territory of Cyprus was not disputed by the United Nations. Greek Cypriots should acknowledge the reality, return to the negotiating table and find a permanent solution.

Documentation

The Council has before it a report of the United Nations High Commissioner for Human Rights on the situation of human rights in Afghanistan and on the achievements of technical assistance in the field of human rights in 2014 (A/HRC/28/48)

The Council has before it a report of the United Nations High Commissioner for Human Rights on the situation of human rights in South Sudan and recommendations on technical assistance and capacity-building measures (A/HRC/28/49)

The Council has before it a report of the United Nations High Commissioner for Human Rights on the situation of human rights in Guinea (A/HRC/28/50) (Currently only available in French)

The Council has before it a report of the United Nations High Commissioner for Human Rights on the situation of human rights in Libya and on related technical support and capacity-building needs (A/HRC/28/51)

The Council has before it a report of the United Nations High Commissioner for Human Rights on the panel discussion on the human rights situation in South Sudan (A/HRC/28/53)

Presentation of the Country Reports of the High Commissioner for Human Rights under Technical Assistance and Capacity Building

FLAVIA PANSIERI, Deputy High Commissioner for Human Rights, presented reports of the High Commissioner concerning Afghanistan, Libya, Guinea, and South Sudan. In 2014, the human rights situation in Afghanistan was considerably affected by the security, political and economic transitions, which resulted in a 22 per cent increase in civilian casualties compared to 2013. Violence against women and girls remained pervasive and unaddressed, and impunity for abusive detention practices, including torture, continued. The Office of the High Commissioner had identified four priority areas for Afghanistan: protection of civilians in armed conflict, including children; elimination of violence against women; prevention of torture and arbitrary detention; and human rights aspects of the peace and reconciliation processes.

Ms. Pansieri said the report on Libya stressed that armed groups indiscriminately shelled heavily populated areas in Tripoli and Benghazi, killing and injuring many hundreds of civilians, and committed reprisals in the form of unlawful killings, abductions and torture. Women participating in political and public life, human rights defenders and media professionals had been targeted, and thousands of persons remained in detention since the 2011 conflict without due process. Many migrants continued to be detained in abysmal conditions, and those seeking to leave Libya by sea often died en-route. Impunity prevailed.

Moving to the report on Guinea, Ms. Pansieri stated that Guinea was preparing to hold presidential elections at the end of the year in a difficult socio-economic context, which had been exacerbated by the terrible outbreak of Ebola, and stressed that it was essential to promote and ensure free and open dialogue, and to peacefully address any unrest and tension. She stressed the need to prosecute the authors of human rights violations committed during the 28 September 2009 events.

Ms. Pansieiri said more than one year after violence erupted in South Sudan, violations of international human rights and humanitarian law continued, including the killing of civilians and sexual violence. There were also reports of large scale recruitment of children by both parties to the conflict. There were over 1.3 million internally displaced persons and around 500 000 refugees in neighbouring countries. The right to freedom of expression had further deteriorated, and civil society actors and journalists were detained and harassed. A key issue highlighted in the report was the continued impunity with regard to serious violations of international human rights law and humanitarian law.

Statements by Concerned Countries

Afghanistan, speaking as a concerned country, said that in June 2014, nearly 7 million Afghans, of whom 31 per cent women, had turned out to vote in the historic run-off presidential elections, and its National Unity Government was ready to promote human rights of all citizens. Afghanistan was a war-torn country that had achieved enormous gains and successes in the past 13 years, and was paying particular attention to the human rights of its people. The Ministry of Women’s Affairs had the strict mandate to examine and follow up the cases of violence against women, and the National Action Plan on the Elimination of Torture had been announced this year. Afghanistan was still facing major challenges: the legacy of war and the continued conflict caused the loss of lives and suffering, while terrorist and anti-Government armed groups targeted civilians, and political and religious leaders. The National Unity Government was pursuing a comprehensive peace process, within which it would preserve its national values and would not compromise the 13 years of achievements.

Libya, speaking as a concerned country, welcomed the report on the human rights situation in the country. The report noted changes in Libya, such as some 400,000 displaced persons, and non-functioning schools and courts, which were all due to the activities of Da’esh. It was vital that the perpetrators of atrocities be held accountable. The Government expressed hope that increased resources would be provided for capacity building in the country. Efforts to achieve peace and stability were vital for improving the human rights situation and establishing the rule of law. A reform of the Criminal Code would stipulate that civilians would no longer be judged by military courts. As for women’s rights, appropriate legal amendments had been made. Necessary legal safeguards and improved conditions for detainees had also been undertaken. Libya needed regional and international assistance to overcome security challenges, such as effecting disarmament and combatting terrorism.

Guinea, speaking as a concerned country, reiterated its commitment to human rights and democracy. The report highlighted modest progress as well as gaps remaining for the promotion and protection of human rights. Guinea was committed to address limitations relating to its judicial system. Guinea had started deep structural reforms for the promotion and protection of human rights. Acts of violence continued, including during public manifestations that did not reflect the culture of democracy. The Government was committed to continue training and awareness raising in the field of human rights. The Government was also committed to continue addressing acts of arbitrary detentions that occurred in the country. Despite progress achieved, violence against women continued, including forced marriage, female genital mutilation and domestic violence. The struggle to combat such violence would be long and had to be intensified, not only to punish perpetrators but also to change mind-sets. The question of impunity was an important one, and constituted a priority for the State. Guinea was committed to continue its efforts for the protection of human rights with the support of the international community.

South Sudan, speaking as a concerned country, said that the Government had undertaken steps to combat sexual violence. As a result, out of 133 cases of rape in 2014, 79 had been investigated and 55 referred to court for prosecution. Investigation continued on the rest of the cases identified. On the recruitment of children, the implementation of the action plan had resulted in 3,000 children being identified as being associated with the former rebel leader David Yau Yau, and over 1,000 had been demobilized. An alternative educational system had been put in place to provide basic adult education and courses for demobilized children. In terms of inter and intra-community violence, numerous conferences had been held to identify root causes of the conflict and undertake resolutions. On the administration of justice, where there was capital punishment, this had to be confirmed by both the Supreme Court and the President of the Republic. Internally displaced persons in Civilian Protection Sites of the United Nations Mission in South Sudan were freely moving out and back without restrictions. In the case of Juba, these internally displaced persons had voluntarily moved back to their homes. Amnesty had been declared by the President on February 24, 2015 to all those waging war against the State. Despite shifting positions by the rebels at every session of peace talks, the Government was committed to peace talks as the only option.

General Debate on Technical Assistance and Capacity Building

European Union reiterated its strong support for the High Commissioner and his Office, and paid tribute to their valuable work in the areas of technical assistance and capacity building. The European Union valued the important role of the Office’s Human Rights Mission in Ukraine, as well as the efforts of the Government of Mali to re-establish constitutional order and encouraged it to focus on accountability for human rights violations. It appreciated the full cooperation of the Central African Republic with international mechanisms, but remained gravely concerned about the volatility of the security situation and persisting human rights abuses in the country. It noted Guinea’s cooperation with United Nations human rights mechanisms.

Canada, speaking on behalf of a group of States, commended the continuing efforts of Ukraine to promote and protect the human rights of all on its territory within internationally recognized borders. It welcomed the cooperation of the Government of Ukraine with Special Procedures of the Human Rights Council. Notwithstanding existing challenges in the field of security, Ukraine had embarked on the path of comprehensive reforms based on respect for human rights. The occupation and illegal self-declared annexation of Crimea by the Russian Federation and hostile actions by Russia-backed illegal armed forces in the Donetsk and Luhansk regions were worrying. Ukraine needed appropriate technical assistance in order to better fulfil its human rights obligations.

Ethiopia, speaking on behalf of the Inter-Governmental Authority for Development, welcomed the relentless efforts by the Authority’s Monitoring and Verification Mechanism for South Sudan in the search for a lasting solution to the on-going conflict in the country. It also welcomed the work of the African Union Commission of Inquiry in South Sudan. The continued conflict had resulted in the suffering of people and unprecedented humanitarian crises. The Inter-Governmental Authority for Development called on the Human Rights Council, the international community and development partners of South Sudan to further enhance their efforts to provide necessary humanitarian and technical assistance to the people of South Sudan.

Egypt, speaking on behalf of a group of 17 like-minded countries, said that the reason why some States fell short of implementing their international obligations was because of challenges they faced due to limited resources and capacities. Pointing out shortcomings did not help, and what was needed was technical assistance and capacity building by the international community. The Human Rights Council should play a greater role in encouraging more technical assistance and capacity building upon request by States, and should refrain from using this item for politicization and addressing country-specific situations.

Ireland was encouraged by the growing participation of women in the election process in Afghanistan, but remained concerned that violence against them persisted. Ireland welcomed actions by Guinea to protect human rights and combat the Ebola virus, but expressed concern about stigmatization of Ebola survivors. Ireland called on all parties in Libya to end hostilities and engage in an inclusive political dialogue. Ireland remained extremely concerned about insecurity and impunity in South Sudan.

United States remained deeply concerned about Bahrain’s harassment of human rights defenders and journalists, as well as acts of torture there. The United States urged countries with human rights problems to engage with the Office of the High Commissioner. The deteriorating situation in Libya had resulted in human rights abuses, and all parties there should engage in dialogue and put an end to targeting civilians. The United States urged all parties to the conflict in Nigeria to protect civilians. It also referred to the situation in Thailand, and called for respect of freedom of expression and the organization of elections there.

Netherlands said that it was deeply concerned about the increased polarization in Libya and the pressure that this put on the population, especially activists, minorities and women. It fully supported the efforts of the United Nations Special Representative to come to an agreement on a ceasefire and a National Unity Government and stressed the need for dialogue to be as inclusive as possible. It was alarmed about the widespread insecurity and ongoing violations in the Central African Republic and the human rights situation in Yemen.

United Kingdom remained very concerned by the threat from ISIL to the peoples of Syria and Iraq. It continued to support Nigeria as it tackled the terrorist threat posed by Boko Haram. The United Kingdom remained concerned about the dire security and humanitarian situation in the Central African Republic. It supported the work of the International Criminal Court in relation to Côte d’Ivoire. In Mali, the United Kingdom believed that an inclusive and sustainable peace agreement would improve the human rights situation.

China believed that technical assistance could help developing countries strengthen their human rights protection. Through constructive technical assistance and capacity building, countries could enjoy development and thereby promote human rights. There was no one-size-fits-all model. The way States chose to develop their human rights had to be respected. The Human Rights Council had to avoid putting pressure in this respect. Developed countries had to come up with the political will to increase financial support to developing countries.

France said that the fight against impunity in the Central African Republic was crucial in order to discourage armed groups from resorting to violence, and in order to bring justice to victims and bring about national reconciliation. France welcomed the work of the Independent Expert on the situation of human rights in Mali, and supported the extension of his mandate. It also welcomed the adoption of the resolution on the human rights situation in Guinea, the mandate of the Independent Expert on the human rights situation in Côte d’Ivoire, and the full cooperation of Haiti with human rights mechanisms.

Thailand reiterated its support for the High Commissioner and his Office. It believed that the promotion of technical cooperation was not only about securing more resources and funding, but also about strengthening partnership, ensuring better coordination and engaging countries in the sharing of experiences and best practices. Technical assistance and capacity building was even more important as countries embarked to develop future development goals.

Egypt welcomed the measures taken by the Government of Libya to promote human rights, despite the difficult security situation. The rights to physical safety and education, and the rights of women and children were particularly endangered in that country. There was no proper administration of justice and thus Egypt welcomed the appointment of a body to draft the Libyan Constitution, as well as the creation of a national council for civil freedoms.

Senegal said technical assistance was the most important tool to promote and protect human rights, and had to be supported by the true political will by the beneficiary State as well as by the inclusion of civil society actors. Technical assistance and capacity building had to take into account the local realities and required strong support from the international community in order to properly address human rights challenges.

Sudan supported a peaceful solution to the crisis in South Sudan, and underlined the importance of capacity building and technical cooperation in the field of human rights. Sudan was concerned about the situation in Libya, and supported efforts to reach sustainable peace there, including technical support and capacity building in the field of human rights.

Ukraine was committed to implementing human rights reforms, and appreciated human rights technical assistance provided to Ukraine by several international agencies. The United Nations and the Office of the High Commissioner for Human Rights had to expand the mission in Ukraine, and had to have access to all parts of the country, including the occupied Crimea, where the situation continued to deteriorate.

Italy commended the Office of the High Commissioner for Human Rights for its support to the human rights mandate of the United Nations Mission in Libya and for the technical assistance provided to the Libyan authorities. The atrocities in Iraq committed by ISIL were unacceptable. Italy supported Iraq on a bilateral and multilateral basis in its efforts to restore the co-existence among different ethnic and religious communities in the country. In Mali, Italy welcomed all efforts aimed at facilitating the signature by all stakeholders of the Algiers declaration.

Georgia commended Ukraine’s commitment to promote and protect human rights and was deeply concerned about the situation in Crimea, which included human rights abuses by Russian authorities. The United Nations Mission in Ukraine was welcomed but it unfortunately could not access all parts of the country due to the obstruction of the Russian authorities. Georgia supported the sovereignty and territorial integrity of Ukraine, and stood ready to continue to provide aid to Ukraine.

Angola welcomed the provision by the Office of the High Commissioner for Human Rights of technical cooperation aimed at guaranteeing human rights. Strengthening technical cooperation in countries facing difficulty was crucial. Angola had benefited from technical cooperation provided by the Office of the High Commissioner for Human Rights through seminars, especially within the framework of the Universal Periodic Review. International cooperation was crucial in facing enormous challenges. In this regard Angola would continue give its modest contribution to Mali and South Sudan.

Right of Reply

Russian Federation, speaking in a right of reply in response to Canada’s statement, noted that it was unclear what kind of success had been achieved in the area of human rights in Ukraine. Arrests and political detentions continued, and freedom of religion was violated. Mercenaries in Donbass committed crimes, as was reported by international non-governmental organizations. They used prohibited weapons and ammunition. There could be no talk of progress in such a situation. Convoys sent by the Russian Federation were the only form of aid for the survival for the population in the Donbass area. The Minsk Agreements should be strictly complied with, and the Russian Federation called on the international community to put pressure on Ukraine to comply with them. As for Crimea, it was the people there who had made their decision to join the Russian Federation. As for the rights of Tatars, they had all the means to protect their rights.

Thailand, speaking in a right of reply in response to the statement by the United States, said it was disappointing that the situation in Thailand was brought up in the Council. Thailand had been on the brink of a wide internal conflict, which the Government could not allow. Democracy was in the hands of the Thai people, and it was noted that change could not be imposed from outside. As for the martial law, it was used only to stop those who threatened the security of the country, and only a few cases had appeared in front of the court. The Government emphasized inclusiveness, which would be reflected in the drafting of the new Constitution. Thailand was strongly committed to the promotion and protection of human rights.


For use of the information media; not an official record

HRC15/053E