SUMMARY OF PRESS CONFERENCE BY SIMA SAMAR, CHAIRMAN, AND WALTER KÄLIN OF UN EXPERT GROUP ON SITUATION OF HUMAN RIGHTS IN DARFUR

Sima Samar, Chairman of the United Nations Expert Group mandated at the last session of the Human Rights Council to address the human rights situation in Darfur, presented the Group’s report to the Council this morning. Ms. Samar, who is also Special Rapporteur on the situation of human rights in Sudan, and Walter Kälin, Representative of the Secretary-General on the human rights of internally displaced persons, briefed the press on the report at the Palais des Nations this afternoon. In addition to Ms. Samar and Mr. Kälin, the Expert Group includes five other human rights experts who are mandate holders.

Ms. Samar said that the Group’s priority had been to review all pre-existing UN human rights recommendations and prioritize them with a view to identifying practical steps that could be taken immediately to improve the human rights situation on the ground. Ms. Samar highlighted three significant aspects of the Group’s work. First, the cooperation between the Expert Group and the Government of Sudan in this process had been positive. Second, the Government of Sudan had acknowledged the seriousness of the situation on the ground and the need to address it. Third, the recommendations had been categorized under four headings: protection of human rights, humanitarian access, accountability and justice, and monitoring of implementation of recommendations. The recommendations had been divided into those that could be implemented in the short term, or within three months, and the medium term, or 12 months.

“It has been an interesting process of Special Rapporteurs working together with the Government on the implementation of recommendations,” said Mr. Kälin. “Usually we are just making recommendations. That is our job. We report back and then we are out of business, so to say. Here it was an attempt to really sit down with the Government to figure out what could be done in the short and medium term.” This new methodology was intended to make the work of the Council more effective, “meaning going beyond just recommendations, condemnations, declarations.”

This was just the beginning of the process, said Mr. Kälin. It was expected that the Council would request the Expert Group to evaluate the implementation by the Government of Sudan of the recommendations and report back to the Council. “The yardstick would not be whether this or that law was changed, whether this or that order was given, but whether or not the situation on the ground is improving.”

“The Council very rightly was of the opinion when it adopted our resolution, A/HRC/4/8, that the situation in Darfur is known, that what is at stake is not more fact-finding but implementation of the recommendations that were made… How to transform the dozens if not hundreds of recommendations that were made in the past, how to synthesize them in a form that we can come up with recommendations that are ‘implementable’ but also relevant, be it short or medium term,” said Mr. Kälin

Asked what indications the Expert Group had that the Government of Sudan would continue to cooperate in the next steps, in the actual implementation, Mr. Kälin said that the Government had agreed to cooperate with the Group in drawing up a work plan, which would be very concrete and specific. This was an encouraging sign.

Mr. Kälin said that one issue that had been discussed this morning had been the question of financial or technical support for the Government of Sudan. The Government had come up with a list, which was being assessed. “It is very clear that obligations to respect human rights exist independently from whether or not money is made available and in that sense the responsibility lies with the Government of Sudan. But there are several areas where there is a genuine need for outside support to implement the recommendations.”

Mr. Kälin added that the Expert Group’s report to the Council included only recommendations on which there had been full or partial agreement with the Government of Sudan. Areas of disagreement had not been included, including two key recommendations of the Expert Group, namely that the Government cooperate closely with the International Criminal Court and that the Government guarantee full access to persons and files for human rights monitors. “We would be happy if the Council would ask us to continue also the dialogue with the Government on these recommendations.”

Ms. Samar concluded by emphasizing three points: that the human rights of civilians is the responsibility of the Government; that the Expert Group did not see any military solution to the situation in Darfur; and that the Group insisted on accountability and justice, i.e. that it was essential that the people who had committed crimes be brought to justice in order to build confidence between the public and the Government of Sudan.