COMMISSION ADOPTS CHAIRMAN’S STATEMENTS ON AFGHANISTAN, HAITI, NEPAL, TIMOR-LESTE AND COLOMBIA

21 April 2004


Under Advisory Services Item Appoints Independent Experts on Burundi, Chad,
Democratic Republic of Congo; Also Appoints Independent Expert on Terrorism


The Commission on Human Rights approved this afternoon Chairman’s statements related to the provision of advisory services and technical cooperation to Afghanistan, Haiti, Nepal and Timor-Leste. It also adopted a Chairman's statement on Colombia.

It also decided to appoint Independent Experts to help with human rights matters and advisory and technical services in Burundi, Chad, and the Democratic Republic of the Congo. It appointed an Independent Expert to assist the High Commissioner for Human Rights with various tasks related to the effect of anti-terrorism measures on human rights. And it extended for a further year the mandate of the Independent Expert on the situation of human rights in Somalia.

In a Chairman’s statement on advisory services and technical cooperation in Afghanistan, the Commission welcomed progress on a number of fronts, including preparations for upcoming elections, strongly emphasized that an environment free from violence, discrimination and abuse, for all Afghans, was essential for a viable and sustainable recovery and reconstruction process; called for the creation of democratic institutions within the constitutional framework that were broad-based, gender-sensitive, multi-ethnic and fully representative of the Afghan people; said continued attention to the protection and promotion of women’s and children’s rights was of paramount importance, and expressed concern for the continuing and serious incidence of violence against women and girls; and recommended that the Secretary-General extend for a further year the mandate of the Independent Expert on the situation of human rights in Afghanistan.

In a Chairman’s statement on the situation of human rights in Haiti, the Commission condemned the human rights violations that had occurred in Haiti and called on all actors and sectors of national life to protect and promote human dignity; reaffirmed the importance of pursuing and intensifying the efforts to combat impunity and to strengthen the rule of law; and encouraged the interim Government to implement Haiti’s international human rights undertakings.

In a Chairman’s statement on human rights assistance to Nepal, the Commission expressed its concern at the human rights situation since the breakdown of the ceasefire on 27 August 2003, and at the growing number of civilian victims as a result of ongoing violence. It appealed to His Majesty's Government of Nepal to strengthen its efforts to ensure the enjoyment of fundamental rights and condemned the indiscriminate violence perpetrated by the Communist Party of Nepal. It encouraged the Government in its efforts to investigate and prosecute all violations, including those committed by the security and armed forces, and welcomed, among other things, the fact that the Government had extended invitations to the special procedures of the Commission to visit Nepal.

In a Chairman’s statement on technical cooperation and advisory services in Timor-Leste, the Commission congratulated the Government of Timor-Leste for its accession to the main international human rights instruments; welcomed steps to establish a national institution of human rights; and underlined the importance of a continuing United Nations human rights presence in Timor-Leste to ensure an effective transition and to help the Government strengthen its capacity to promote and protect human rights.

In a Chairman’s statement on the situation of human right in Colombia, the Commission welcomed the priority given by the Government to the development of a fully functioning democratic State throughout the national territory that was more capable of protecting the most basic human rights of citizens; reiterated the need for all measures taken under the policy of “Democratic Security” to comply with obligations under international law; strongly condemned all acts of terrorism and other criminal attacks committed by paramilitary groups; expressed grave concern about reports that members of the security forces were responsible for breaches of international humanitarian law; and at reports of summary, extrajudicial and arbitrary executions attributed to the security forces and at increased reports of arbitrary and mass detentions in areas of military operations.

In a consensus resolution on the situation of human rights in Burundi, the Commission encouraged the transitional Government to continue its actions aimed at associating all sectors of society in the work of national reconciliation; encouraged it to continue the cantonment and disarmament process; condemned all acts of violence and violations of human rights and international law and called on the transitional Government to put an end to impunity for such offences; applauded the establishment by the transitional Government of a “child soldier project” to deal with disarmament, demobilization and return to society; and decided to appoint an Independent Expert to provide backing for the Government in its efforts to improve the human rights situation.

A Representative of Burundi said the Government thanked the sponsors of the resolution and those who recognized the positive developments in the country.

In a consensus resolution on technical cooperation and advisory services in the Democratic Republic of the Congo, the Commission welcomed, among other things, the activities of human rights defenders and the actions of the Congolese Ministry of Human Rights; and expressed deep concern over violations of the freedom of opinion, association and assembly, over attacks against human rights defenders throughout the country, particularly in the eastern part. The Commission condemned persistent violations of human rights; over all the massacres that had occurred in Ituri; over cases of summary or arbitrary execution, disappearance, torture, victimization, illegal arrest, and over widespread sexual violence; and urged all parties to refrain from all military activity. It decided to appoint an Independent Expert to provide assistance to the Government in the field of human rights, to study the evolving situation and to verify that the country’s obligations in the field of human rights were being fulfilled.

A Representative of the Democratic Republic of the Congo said the text appeared balanced and realistic, and brought to the fore serious lacks in human rights as well as the progress made in the promotion and protection of human rights in the country.

In a consensus resolution on technical cooperation and advisory services in Chad, the Commission took note of the existence in Chad of a formal regulatory and institutional framework answering to the requirements of the rule of law; voiced deep concern at violence, in particular inter-communal violence exacerbated by ethnic tensions; at a culture of impunity resulting from the dysfunction of the judicial system; urged the Government to strengthen the justice sector in order to combat impunity; to promote the rights of women and children; and to take action to eradicate violence, insecurity and social and cultural antagonism; and decided to appoint an Independent Expert for an initial period of one year to facilitate cooperation between the Government of Chad and the Office of the High Commissioner for Human Rights in the promotion and protection of human rights.

In a resolution on protection of human rights and fundamental freedoms while countering terrorism, adopted by consensus, the Commission reaffirmed that States must ensure that any measure taken to combat terrorism complied with their obligations under international law; requested the High Commissioner for Human Rights to examine the question of the protection of human rights and fundamental freedoms while countering terrorism, taking into account reliable information from all sources; to make general recommendations concerning the obligations of States in this matter; to complete a study requested by the General Assembly concerning the extent to which the human rights special procedures and treaty monitoring bodies were able to address the compatibility of national counter-terrorism measures with international human rights obligations in their work; and decided to designate, for a period of one year, an Independent Expert to assist the High Commissioner in these tasks.

In a consensus resolution on technical cooperation and advisory services in Cambodia, the Commission, among other things, welcomed the progress that Cambodia had been making in improving its human rights situation for the past decade, but said it was still concerned about continuing violations; urged the Government to strengthen its efforts to establish rule of law; to further enhance judicial reform; to continue efforts to improve human rights, especially of women and children, and to make additional efforts to combat human trafficking, sexual violence, domestic violence, and sexual exploitation of women and children.

A Representative of Cambodia said the resolution was an improvement over those passed in previous years, but the Government disagreed with unjustifiable views it expressed on some social issues.

In a consensus resolution on assistance to Somalia in the field of human rights, the Commission, among other things, expressed deep concern at reported cases of rape, arbitrary and summary executions, and torture; expressed deep concern at the prevalence of sexual violence; ongoing widespread violations and abuses of human rights and humanitarian law; and the forced or compulsory recruitment of children for use in armed conflict; and decided to extend for a further year the mandate of the Independent Expert on the situation of human rights in Somalia.

In a consensus resolution on technical cooperation and advisory services in Liberia, the Commission welcomed the peace initiatives led by the Economic Community of West African States; the deployment of a multinational force to implement the resulting ceasefire under the leadership of Nigeria; expressed deep concern at the continued existence of paramilitary groups; at the serious violations of human rights and international humanitarian law that continued to be perpetrated; and urgently requested the Transitional National Government to establish a national capacity to protect human rights and combat impunity.

In a consensus resolution on assistance to Sierra Leone in the field of human rights, the Commission welcomed the conclusion of the High Commissioner for Human Rights that considerable progress had been made in Sierra Leone; urged the Government to continue to promote and protect human rights; to continue to give priority attention to the special needs of all mutilated victims and of women and children in its care; to reconsider the issue of resettlement and reintegration of Sierra Leonean combatants who were being demobilized and repatriated from Côte d’Ivoire and Liberia; and decided to request the Secretary-General and the High Commissioner for Human Rights to give full consideration to the maintenance of a United Nations human rights field presence when the activities of the United Nations Mission in Sierra Leone were completed.

A Representative of Sierra Leone said the principle objective of the resolution was to provide technical assistance to rebuild the country after its terrible war, and Sierra Leone had no reservation in supporting the text.

A resolution on advisory services and technical cooperation in the field of human rights was also adopted by consensus. And the Commission decided that the first meeting of the Commission on Human Rights to elect officers would be held on the third Monday in January 2005 with the sole purpose of electing its officers, and that the sixty-first session of the Commission on Human Rights would be held from 14 March to 22 April 2005.

Earlier in the afternoon, under its agenda item on the effective functioning of human rights mechanisms, the Commission adopted measures on regional cooperation in the Asian and Pacific region; national institutions for the promotion and protection of human rights; human rights and special procedures; protection of United Nations personnel; and effective implementation of international instruments on human rights.

The Commission will reconvene at 10 a.m. on Thursday, 22 April, to act on remaining draft resolutions and decisions tabled under a number of agenda items.

Action on Resolutions and Decisions on Effective Functioning of Human Rights Mechanisms

In a resolution (E/CN.4/2004/L.84) on regional cooperation for the promotion and protection of human rights in the Asian and Pacific region, adopted by consensus, the Commission stressed the importance of the linkages and mutually reinforcing aspects of all four areas of the Framework for Regional Technical Cooperation Programme in the region; expressed deepest sorrow for the loss of former High Commissioner for Human Rights Sergio Vieira de Mello, whose life was tragically lost while pursuing human rights in the Asian and Pacific region; stressed that developing and strengthening national capacities for the promotion and protection of human rights in accordance with national conditions provided the strongest foundation for cooperation in the region; and encouraged all States in the region to take concrete steps in connection with the implementation of the Framework for Regional Technical Cooperation.

In a resolution (E/CN.4/2004/L.87) on national institutions for the promotion and protection of human rights, adopted by consensus, the Commission reaffirmed the importance of effective, independent, and pluralistic national institutions; reiterated the continued importance of the Paris Principles for such institutions; welcomed the decisions of a growing number of States to establish national institutions consistent with the Paris Principles; took note with satisfaction of those States that had provided their national institutions with more autonomy and independence; and welcomed the continuation of the practice of national institutions’ convening regional meetings.
Before taking action on a draft resolution on human rights and special procedures, the Commission rejected, by a roll-call vote of 24 in favour and 27 opposed, with 2 abstentions, a draft text (E/CN.4/2004/L.112) to change the title of the draft resolution.

In a resolution (E/CN.4/2004/L.91) on human rights and special procedures, adopted by a roll-call vote of 35 in favour and none opposed, with 18 abstentions, and as orally revised, the Commission urged all Governments to cooperate with the Commission through the pertinent special procedures, including by responding without undue delay to requests for information; considering inviting special procedures to visit their countries and considering favourably accepting visits from special procedures when requested; facilitating follow-up visits as appropriate; called upon the Governments concerned to study carefully the recommendations addressed to them and to keep the relevant mechanisms informed without undue delay on the progress made towards their implementation; and called on all States to protect individuals, organizations or groups of persons who provided information to, met with, or otherwise cooperated with the special procedures from any type of violence, coercion, harassment, or other form of intimidation or reprisal

The resolution also invited civil society, in particular non-governmental organizations, to continue and to strengthen their cooperation with special procedures including through inputs to special procedures´ collection of information and to ensure that the material provided was as detailed and accurate as possible and fell under the mandate of these procedures; requested the special procedures to focus the resources available to them in ways that best advanced the fulfilment of their mandates; to provide concise, comprehensive and focused reports within their respective mandates based on credible and reliable information; to include in their reports information provided by Governments on follow-up action, as well as their own observations thereon, including in regard to both problems and improvements, as appropriate; and to include gender-disaggregated data.

The resolution suggested that the special procedures of the Commission, acting within their mandates, consider how they could also promote public awareness; requested the High Commissioner for Human Rights to continue to organize periodic meetings among the special procedures and also joint meetings with the States; and to continue to develop criteria and strengthen the methodologies for operations and reporting functions of special procedures.

The result of the vote was as follows:

In favour (35): Argentina, Armenia, Australia, Austria, Bhutan, Brazil, Chile, Congo, Costa Rica, Croatia, Dominican Republic, France, Gabon, Germany, Guatemala, Honduras, Hungary, India, Ireland, Italy, Japan, Mexico, Nepal, Netherlands, Paraguay, Peru, Republic of Korea, Russian Federation, South Africa, Sri Lanka, Sweden, Uganda, Ukraine, United Kingdom and United States.

Against (0)

Abstentions (18): Bahrain, Burkina Faso, China, Cuba, Egypt, Eritrea, Ethiopia, Indonesia, Mauritania, Nigeria, Pakistan, Qatar, Saudi Arabia, Sierra Leone, Sudan, Swaziland, Togo and Zimbabwe.

SHAUKAT UMER (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said some important concerns about the draft resolution remained, and the issue of fundamental importance was the title of the draft text. Changing the title from “thematic” procedures to “special” procedures represented a quantum jump in the whole consideration process and a serious departure from the consideration of the draft of two years ago, which had been adopted by consensus. The thematic procedures, with few exceptions, had come into existence with the full consent of the Commission. The same could not be said about the country-specific procedures. Lumping the two under the single heading of “special” procedures either demeaned the thematic procedures, or elevated the country-specific procedures, neither of which was acceptable. For that reason, the members of the Organization of the Islamic Conference would join the Cuban delegation in support of the amendment to the draft resolution.

CAROLINE REES (United Kingdom) said the United Kingdom hoped the draft could be adopted by consensus. It was a technical resolution, having nothing to do with politics. A large number of concessions had been made to the draft by the cosponsors. The text called for the allocation of resources to all areas. The content was carefully balanced. Some of the amendments proposed by Cuba would undermine the main objective of the draft. The United Kingdom requested a roll-call vote on the amendments proposed by Cuba.

LA YIFAN (China) said great importance was attached to the role played by special procedures in promoting and protecting human rights, although these needed to be reformed as they were fraught with many problems, including item 9, which had been seriously poisoned by politicization and reduced to being a tool for penalizing countries. Item 9 should be reformed in order to restore credibility to the Commission. China supported the statement made by Pakistan in support of the amendments proposed by Cuba.

GABRIEL KELLER (France) said France supported the work carried out under the special procedures. The draft would play an important role in strengthening the special procedures. The text presented by the delegation of the Czech Republic reflected concessions made during the drafting process.

JORGE FERRER RODRIGUEZ (Cuba) requested a vote on the draft resolution L.91. Following the introduction of draft L.112, the sponsors were unaware of certain facts to which attention was drawn during informal consultations on various issues, including the lack of signatures by Special Rapporteurs and the fact that special procedures frequently issued recommendations and observations that were unrealistic and not based on the letter of international standards or on recognized mandates, but instead based on personal interpretations. There was a danger of duplication, overlap and contamination of the different mandates. The text, in summary, placed an excessive emphasis on the monitoring of States and not on the monitoring of the special procedures. It did not offer alternative solutions to the defamations and problems mentioned before, and used some words that had been shown to be wrong in the past. Cuba requested a vote and would abstain.

NATALIYA ZOLOTOVA (Russian Federation) said Russia would support the draft resolution, as it felt that the effective functioning of the special procedures set up by the Commission was important. The draft was important as an attempt to unify the work of the thematic and so-called “country-specific” procedures. However, it was felt that the Commission should only use country-specific procedures in the instance of massive violations of human rights and when it had the agreement of all members of the Commission.

Before taking action on a draft resolution on the protection of United Nations Personnel, the Commission rejected a proposal to amend the text by a roll-call vote of 4 in favour and 40 opposed, with 9 abstentions.

In a resolution (E/CN.4/2004/L.101) on the protection of United Nations personnel, adopted by consensus, the Commission called upon all States to consider as a matter of priority becoming parties to and to respect fully their obligations under the relevant international instruments, in particular the Convention on the Safety of United Nations and Associated Personnel, especially those receiving United Nations operations on their territories; to consider as a matter of priority becoming parties to the Rome Statute of the International Criminal Court; urged all States to take the necessary measures to ensure the full and effective implementation of the relevant provisions of human rights and refugee law relating to the safety and security of United Nations and associated personnel, as well as relevant principles and rules of international humanitarian law; to take stronger actions to ensure that any threat or act of violence committed against United Nations and associated personnel on their territory was fully investigated, and to ensure that the perpetrators of such acts were brought to justice in accordance with international law and national law, and noted the need for States to end impunity for such acts; and to facilitate and expedite, consistent with their national laws and regulations, the use of communications resources necessary to ensure the protection and safety of United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation.

The resolution also called upon all States and others concerned to provide adequate and prompt information concerning the arrest or detention of United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation; to grant the representatives of the competent international organization safe, prompt and unhindered access to such personnel; to allow independent medical teams to investigate the health of detained United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation and to afford them the necessary medical assistance; to ensure the prompt release of United Nations and associated personnel and other personnel; to promote a climate of respect for the security of United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation; and encouraged all States to contribute to the Trust Fund for the Security of United Nations Personnel.

The resolution requested the Secretary-General to take the necessary measures to ensure full respect for the human rights, privileges and immunities of United Nations and associated personnel; and to take further steps, within his mandate, to improve the safeguards for the security and safety of locally recruited United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation, and to continue to consider ways and means of strengthening their protection.

KATHERINE M. GOROVE (United States) said this was an important draft resolution addressing an issue of pressing concern. However, the United States Government remained concerned about several loosely addressed references to international law, and especially to international humanitarian law. The paraphrases used could not be taken to alter or change in any way States’ obligations under existing international law. With respect to overall substance – the protection of international personnel – efforts in this regard should be concentrated in the most appropriate forum: the United Nations Security Council. Thus, while the United States would join consensus, it was obliged to put forward two amendments with regard to the International Criminal Court, including one that would delete operative paragraph 2(b).

MARY WHELAN (Ireland), speaking on behalf of the European Union, said the Rome Statute of the International Criminal Court was useful for the protection of human rights personnel. The European Union called for a vote on the amendments proposed by the United States and would vote against them.

In a resolution (E/CN.4/2004/L.102) on the effective implementation of international instruments on human rights, adopted by consensus, the Commission encouraged all key stakeholders to continue to examine ways of improving the effectiveness of the treaty body system, including by reducing the duplication of reporting required under the different instruments; providing preliminary lists of issues to States in advance of consideration of reports by treaty bodies; harmonizing general guidelines; coordinating reporting schedules; limiting the length of States parties’ reports; and establishing consistent methods of work for the treaty bodies; urged States parties to contribute to identifying practical proposals and ideas for improving the functioning of the treaty bodies; affirmed the importance of concrete and practical observations addressed to States parties and encouraged treaty bodies to provide them; and urged States parties, in particular those with overdue reports, to make every effort to meet their reporting obligations.

Action on Resolutions and Decisions on Advisory Services and Technical Cooperation in the Field of Human Rights

In a resolution (E/CN.4/2004/L.89) on technical cooperation and advisory services in Cambodia, adopted by consensus and as orally amended, the Commission, on the subject of the Khmer Rough Tribunal, welcomed the Agreement reached to set up Extraordinary Chambers exercising their jurisdiction in accordance with international standards, and urged the United Nations Secretary-General and the Government of Cambodia to take all necessary measures for the establishment of these Chambers; welcomed the generally peaceful conclusion of general elections held in July 2003; urged the concerned parties to make every effort urgently to form a new government; welcomed the progress that Cambodia had been making in improving its human rights situation for the past decade while still concerned about continuing violations; urged the Government to strengthen its efforts to establish rule of law; to further enhance judicial reform; and to continue efforts to improve human rights, especially of women and children, and to make additional efforts to combat human trafficking, sexual violence, domestic violence, and sexual exploitation of women and children.

SUOS SOMETH (Cambodia) said time and again, Cambodia was revisited under agenda item 19. The repetition of the report of the Special Representative of the Secretary-General, and the resolution process, appeared to point to a deficiency in at least three major situations that should be seriously addressed by the Commission: inefficient field advisory services and dialogue with the host Government; lack of strong support and follow up of implementation activities; and institutional weakness in the country. The draft resolution, L. 89, presented by Japan, showed a clear improvement over previous resolutions as it was well focused on the substance of the technical cooperation needs. Some co-sponsors had cited social issues they believed to exist in Cambodia, but their contentions were flimsy. Cambodia disagreed with their unjustifiable views and their approach towards cooperation, as spelled out under item 19.

Cambodia believed that Japan, together with a large number of members of the international community, was walking with the Government on the arduous road to further improve human rights in the country. There was no reserved effort on the part of the Government, but with its own strength alone it would be hard to win the multi-fronts battle to build from scratch a desirable good social structure.

In a resolution (E/CN.4/2004/L.92) on assistance to Somalia in the field of human rights, adopted by consensus, the Commission encouraged all parties to participate in the peace process; the Intergovernmental Authority on Development, the Authority’s Facilitation Committee and all neighbouring States to move the peace process forward; expressed concern that Somalis continued to suffer from high rates of malnutrition and an ongoing humanitarian crisis; expressed deep concern at reported cases of rape, arbitrary and summary executions, and torture; called upon all States, relevant organizations and other actors to combat impunity; expressed deep concern at the prevalence of sexual violence; and at the practice of asiwalid, whereby parents sent disobedient children to be kept in prison until they ordered them to be released.

The resolution also condemned the serious violations of the commitment undertaken by the parties on 27 October 2002, which were still occurring; the ongoing widespread violations and abuses of human rights and humanitarian law; the forced or compulsory recruitment of children for use in armed conflict; all acts of violence; called upon all parties to strengthen their commitment to dialogue; to ensure the effective participation of women in the Somali National Reconciliation Process; all States, relevant organizations and other actors to support a stronger field presence of the Office of the High Commissioner for Human Rights in Somalia; all Member States to continue to provide increased assistance; and Member States and all relevant organizations to intensify assistance and to enhance projects, particularly in the field of human rights.

The resolution urged all parties to stop all acts of violence; to respect human rights and international humanitarian standards; to comply scrupulously with the arms embargo; not to interfere in the internal affairs of Somalia; and to prevent persons and entities from taking advantage of the situation in Somalia to finance, plan, facilitate, support or commit terrorist acts from the country; and decided to extend for a further year the mandate of the Independent Expert on the situation of human rights in Somalia.

In a resolution (E/CN.4/2004/L.83) on advisory services and technical cooperation in the field of human rights, adopted by consensus, the Commission declared that these mechanisms constituted one of the most efficient and effective means of promoting and protecting all human rights, democracy and the rule of law; welcomed the increasing number of requests for such services; called for a substantial increase in available financial resources for advisory services and technical cooperation; invited all Governments to consider providing unearmarked contributions, to the extent possible, to the Office of the High Commissioner for Human Rights; encouraged efforts to integrate in a comprehensive manner strategies aimed at gender mainstreaming; and requested the Secretary-General to submit a further analytical report to the Commission on progress and achievements made, and obstacles encountered, in implementation of the programme of advisory services and technical cooperation.

Before taking action on the draft resolution on the situation of human rights in Burundi, the Commission rejected, by a roll-call vote of 2 in favour and 41 opposed, with 10 abstentions, an amendment proposed by the United States.

In a resolution (E/CN.4/2004/L.96/Rev.1) on the situation of human rights in Burundi, adopted by consensus and as orally amended, the Commission encouraged the transitional Government to continue its actions aimed at associating all sectors of society in the work of national reconciliation; encouraged it to continue the cantonment and disarmament process; condemned all acts of violence and violations of human rights and international law and called on the transitional Government to put an end to impunity for such offences; condemned the sale and illegal distribution of weapons and related materials; and deplored the killing of the Apostolic Nuncio, Mgr. Michael Courtney, and called upon the Government to bring those responsible to justice.

In the resolution, the Commission also renewed its invitation to the transitional Government to ratify the Rome Statute of the International Criminal Court; applauded the establishment by the transitional Government of a “child soldier project” to deal with disarmament, demobilization and return to society; encouraged the transitional Government to continue to improve the status of women; called on the transitional Government to establish an independent national human rights commission; requested the High Commissioner for Human Rights to continue with the programme of technical assistance to Burundi; and decided to appoint an Independent Expert to provide backing for the Government in its efforts to improve the human rights situation.

KATHERINE M. GOROVE (United States) said that the African Group was greatly thanked for its flexibility, and this was a very important text. However, a change proposed by the United States to operative paragraph 9 did not appear in the text as orally revised. The United States had difficulty in joining in this paragraph as orally revised, as it was not in the position to urge Burundi to ratify the Rome Statute, as it was not party to the Statute. It could join in consensus were Burundi urged to consider ratifying the Statute.

HIDENOBU SOBASHIMA (Japan) said Japan was concerned with the human rights situation in Burundi and thus celebrated the strength of the draft resolution. However, in regard of the proposed appointment of an Independent Expert, without specifications for the mandate and term, among other factors, Japan wished to reiterate that regular resources were limited and each Member State should be vigilant about their use. However, Japan would not block consensus on the adoption of the text.

ZACHARIE GAHUTU (Burundi) thanked all the sponsors of the draft and those who recognized the positive developments in the country. Burundi was against the amendment proposed by the United States delegation, in which it requested Burundi to consider ratifying the Rome Statute on the establishment of International Criminal Court.

Consideration of a draft resolution on assistance to Sierra Leone in the field of human rights was postponed, as the Arabic translation of the document was not available.

In a resolution (E/CN.4/2004/L.98/Rev.1) on technical cooperation and advisory services in Liberia, adopted by consensus and as orally amended, the Commission welcomed the peace initiatives led by the Economic Community of West African States; the deployment of a multinational force to implement the resulting ceasefire under the leadership of Nigeria; the commitments undertaken at the International Conference for the Reconstruction of Liberia; regretted that the Independent Expert did not participate in the various initiatives and activities that led to the end of the war, that there was no official interaction between the Independent Expert and the Economic Community of West African States, and that it was impossible for her to travel to Liberia, which made it difficult to ensure that concern for human rights was reflected in the peace process.

In the resolution, the Commission also expressed its deep concern at the continued existence of paramilitary groups; at the serious violations of human rights and international humanitarian law that continued to be perpetrated; at the extent of sexual violence perpetrated against women and children; at the culture of impunity; called upon all the parties to respect the comprehensive peace agreement; to put an end to acts of violence and to violations of human rights; urgently requested the Transitional National Government to establish a national capacity to protect human rights and combat impunity; to establish an independent national commission on human rights; to increase the participation of woman and girls in the process of peace and national reconciliation; and called upon the international community to support the Government of Liberia in the process of disarmament, and to mobilize the necessary resources to enable the Transitional Government to implement relief and recovery programmes.

Before taking action on a draft resolution on technical cooperation and advisory services in the Democratic Republic of the Congo, the Commission rejected, by a roll call-vote of 1 in favour and 41 opposed, with 11 abstentions, a proposal to amend the text.

In a resolution (E/CN.4/2004/L.99) on technical cooperation and advisory services in the Democratic Republic of the Congo, adopted by consensus, the Commission welcomed the promulgation by the Head of State of the Constitution which was to govern the country during the period of transition; the activities of human rights defenders and the actions of the Congolese Ministry of Human Rights; the action taken by the Human Rights Field Office in the country; and the joint initiative of the Government and United Nations agencies and non-governmental organizations to combat sexual violence against women and children.

In the resolution, the Commission expressed deep concern at violations of the freedom of opinion, association and assembly, and at the attacks against human rights defenders throughout the country, particularly in the eastern part; condemned persistent violations of human rights, particularly armed violence and reprisals against the civilian population in Ituri, North Kivu, South Kivu, North Katanga and other areas in the eastern part of the country; all the massacres that had occurred in Ituri; cases of summary or arbitrary execution, disappearance, torture, victimization, illegal arrest, systematic persecution and arbitrary detention; the widespread sexual violence as a means of subduing the civilian population; impunity; illegal exploitation of the natural resources of the country; urged all parties to refrain from all military activity; to provide support for the transition and its institutions; to allow free and secure access to all areas; to ensure that military officers mentioned in the report of the High Commissioner for Human Rights in connection with serious violations should continue to be investigated and, if the conclusions warranted, be brought to justice; to prevent conditions that led to flows of displaced persons; to respect the human rights of women.

In the resolution, the Commission called upon the transitional Government, among other things, to cooperate with the International Criminal Court and with the International Tribunal for Rwanda; to continue to reform the judicial system; to reinstate the moratorium on capital punishment; to adopt speedily and implement the national disarmament, demobilization and reintegration programme; called on the international community to support the transition and its institutions, particularly by providing financial and political support; and decided to appoint an Independent Expert to provide assistance to the Government in the field of human rights, to study the evolving situation and to verify that the country’s obligations in the field of human rights were being fulfilled.

MARY WHELAN (Ireland), speaking on behalf of the European Union, said the European Union had worked closely with the coordinator of the African Group and other co-sponsors on this draft text. It was to be hoped that the members of the Commission would support the text and adopt it by consensus.

KATHERINE M. GOROVE (United States) said the United States was disappointed that its suggestions were not taken into consideration by the co-sponsors with regard to operative paragraph 5 (e) and wished to make amendments.

ANTOINE MINDUA KESIA-MBE (Democratic Republic of the Congo) speaking as a concerned country, said the Government no longer accepted draft resolutions under item 9 that were designed to ridicule poor countries in general. These draft resolutions were often selective in their choice of targets, and were to the detriment of economic, social and cultural rights, focusing instead on civil and political rights. The selectiveness and politicization of certain members of the Commission were a real concern.

However, the Democratic Republic of the Congo accepted that human rights were for all, and should be the object of international control. Thus, in a spirit of compromise, the Government welcomed the draft resolution initiated by the African Group. The text contained serious criticism of the country, and had been the object of negotiations from the beginning. The discussions were hard, but sincere, open and constructive, and all were thanked for their cooperation. Thus, the text appeared balanced and realistic, and brought to the fore serious lacks in human rights as well as the progress made in the promotion and protection of human rights in the country. These efforts should be recognized by the international community and the Commission through the adoption of the resolution, which should be by consensus.

In a resolution (E/CN.4/2004/L.100/Rev.1) on technical cooperation and advisory services in Chad, adopted by consensus, the Commission took note of the existence in Chad of a formal regulatory and institutional framework answering to the requirements of the rule of law; and welcomed the willingness of the Government to cooperate with its international partners in improving the legal and institutional environment to improve respect for human rights.

In the resolution, the Commission voiced deep concern at violence, in particular inter-communal violence exacerbated by ethnic tensions; at the dependence of the judiciary upon the executive; at the culture of impunity resulting from the dysfunction of the judicial system; at the weakness of national human rights structures and institutions; urged all parties to establish coordination among the various national structures and institutions and Chad’s development partners; to promote collaboration and dialogue to prevent and resolve inter-communal conflicts; and to support structures and institutions for human rights.

In the resolution, the Commission urged the Government to strengthen the justice sector in order to combat impunity; to promote the rights of women and children; to take action to eradicate violence, insecurity and social and cultural antagonism; to promote the rights of refugees and displaced persons; to ratify the international human rights agreements and apply them in full; decided to appoint an Independent Expert for an initial period of one year to facilitate cooperation between the Government of Chad and the Office of the High Commissioner for Human Rights in the promotion and protection of human rights, and to submit a report to the Commission at its sixty-first session.

HIDENOBU SOBASHIMA (Japan) said Japan was concerned at the current state of human rights in Chad. However, it was deeply concerned about the proliferation of the number of Special Rapporteurs and Independent Experts. As for operative paragraph 6a, concerning an Independent Expert, there was concern with the fact that the appointment was to be approved without sufficient discussion of needs or mandate. Resources were limited, and should be attributed efficiently. However, acknowledging the importance of the resolution, Japan would not disturb the consensus.

Returning to its consideration of the draft text on assistance to Sierra Leone in the field of human rights, the Commission, in a resolution (E/CN.4/2004/L.97), adopted by consensus, welcomed the report of the High Commissioner for Human Rights (E/CN.4/2004/106), including his conclusion that considerable progress had been made in Sierra Leone since his last report; and the indictments by the Special Court for Sierra Leone and its ongoing work to bring to justice those persons who bore the greatest responsibility for war crimes and crimes against humanity.

In the resolution, the Commission urged the Government of Sierra Leone to continue to promote and protect human rights; to continue to give priority attention to the special needs of all mutilated victims and of women and children in its care; to continue to facilitate the effective functioning of the National Commission for War-Affected Children; to reconsider the issue of resettlement and reintegration of Sierra Leonean combatants who were being demobilized and repatriated from Cote d’Ivoire and Liberia; decided to request the Secretary-General and the High Commissioner for Human Rights to give full consideration to the maintenance of a United Nations human rights field presence when the activities of the United Nations Mission in Sierra Leone were completed; to urge all States to submit their outstanding pledged funds to meet the budget of the Special Court; and decided to request the High Commissioner to report to the General Assembly and to the Commission at its sixty-first session on assistance to Sierra Leone in the field of human rights.

LA YIFAN (China) said this year the draft had been prepared with the full participation of members of the Like-Minded Group. The draft was well balanced and was a consensus text that avoided confrontation. The country needed genuine support in its efforts to reconstruct and reconcile. The Office of the High Commissioner for Human Rights should also continue to help the country by providing technical assistance and advisory services.

NICHOLAS THORNE (United Kingdom) said cooperation was the key to improving the human rights situation in Sierra Leone and elsewhere. However, it was disappointing that the draft resolution did not include reference to the work done on combating corruption in Sierra Leone. Eliminating corruption was one of the essential steps for establishing long-term peace and stability, as it denied citizens their basic human rights, and it was only in stamping it out that the benefits of human rights and democracy would be felt in Sierra Leone. In future resolutions, Sierra Leone should be asked to continue its efforts to eliminate corruption.

JUAN ANTONIO FERNANDEZ PALACIOS (Cuba) said it was pleasing to see that the text on Sierra Leone had this year been a truly African text. One saw here a country that had emerged from armed conflict and needed international support and assistance, not just in the field of human rights but in all aspects of political and social life. Sierra Leone did not need conditions, blackmail or threats, but unconditional support. Cuba also wished to recognize the Government’s laudable efforts to move forward on the road to peace, development and reconciliation. Cuba also felt some confusion over the reference to “corruption”, but wished to support the text as drafted.

SYLVESTER ROWE (Sierra Leone) said the principle objective of the draft resolution was to provide technical assistance to rebuild the country after the terrible war. The Commission should not hesitate to fully endorse the text. Sierra Leone had no reservations on supporting the text. The corruption referred to by some speakers, concerned diamond smuggling that was commanded from outside, and despite the efforts of the international community to curb the activities of those dealers, no person outside the country had been punished for that crime.

Statements by the Chairman on Advisory Services and Technical Cooperation in the Field of Human Rights

In a Chairman’s statement on technical cooperation in the field of human rights in Afghanistan, the Commission welcomed the adoption of the new Afghan Constitution by the Constitutional Loya Jirga on 5 January 2004, which commits the Afghan people to the creation of a society free of oppression, discrimination and violence and based on the rule of law, social justice, the protection of human rights and dignity, and ensuring the fundamental rights and freedoms of the people; and welcomed the commitment of the Government of Afghanistan to continue and complete the transformation process as well as the continuous support by the international community. The Commission also welcomed the provisions of the new Constitution which stated that the citizens of Afghanistan, whether men or women, were equal before the law and that at least two women were to be elected to the Wolesi Jirga from each province, as a national average, and which provided for half of the President’s nominees to the Meshrano Jirga to be women.

Although there had been improvements in the institutional capacity of the Transitional Authority to deal with human rights, the Commission encouraged the Transitional Authority to maintain a focus on the promotion and protection of human rights and fundamental freedoms.

The Commission welcomed the preparations for forthcoming elections being undertaken by the Transitional Authority and the United Nations, and called upon the international community to support these preparations fully. It strongly emphasized that an environment free from violence, discrimination and abuse, for all Afghans, was essential for a viable and sustainable recovery and reconstruction process. The Commission welcomed the efforts of the Transitional Authority to establish democracy, the rule of law, good governance and respect for human rights and fundamental freedoms and called for the creation of democratic institutions within the constitutional framework that were broad-based, gender-sensitive, multi-ethnic and fully representative of the Afghan people.

In the Chairman’s statement, the Commission recalled that continued attention to the protection and promotion of women’s and children’s rights was of paramount importance, and expressed concern for the continuing and serious incidence of violence against women and girls, as well as increasing reports of trafficking in women and children in many parts of the country, in particular in rural areas, and called for the implementation of the recommendations contained in the last report of the Special Rapporteur on violence against women and girls, its causes and consequences, to the General Assembly (A/58/421). The Commission requested in particular that the Transitional Authority continue cooperating fully with all Special Rapporteurs and human rights mechanisms of the United Nations and to implement their recommendations; and that the Secretary-General extend for a further year the mandate of the Independent Expert on the situation of human rights in Afghanistan.

In a Chairman’s statement on the situation of human rights in Haiti, the Commission condemned the human rights violations that had occurred in Haiti and called on all actors and sectors of national life to protect and promote human dignity. It reiterated its deep concern at the human rights situation in Haiti. The Commission reaffirmed the importance of pursuing and intensifying the efforts to combat impunity and to strengthen the rule of law, in particular in cooperation with the international community. It welcomed the deployment of a multinational interim force with a mandate that included the promotion and protection of human rights. It encouraged the interim Government to implement Haiti’s international human rights undertakings.

The Commission requested the Independent Expert on the situation in Haiti to include in his report to the Commission at its sixty-first session information on the progress of the efforts of Haiti to combat impunity and on the administration of justice and other proposals in those respects.

In a Chairman’s statement on human rights assistance to Nepal, the Commission expressed its concern at the human rights situation since the breakdown of the ceasefire on 27 August 2003, and at the growing number of civilian victims as a result of ongoing violence. It appealed to His Majesty's Government of Nepal to strengthen its efforts to ensure the enjoyment of fundamental rights by all people in Nepal; condemned the indiscriminate violence perpetrated by the Communist Party of Nepal (CPN-Maoists), including the use of children in armed conflict, and strongly appeals to the CPN-Maoists to respect the human rights of all people and to renounce violence. It encouraged the Government in its efforts to investigate and prosecute all violations, including those committed by the security and armed forces. In this context, the Commission welcomed the Government's "Commitment on the implementation of human rights and international humanitarian law" of 26 March 2004, in particular its commitment to promote and protect human rights and fundamental freedoms and to fulfil all its international obligations.

The Commission supported the efforts of the Government and the Office of the High Commissioner for Human Rights aimed at developing technical assistance and advisory services and to facilitate necessary external assistance, especially to the National Human Rights Commission, including through the signing of a memorandum of understanding, and strongly encouraged the Government to continue its efforts to these ends and welcomed the fact that the Government had extended invitations to the special procedures of the Commission to visit Nepal. It encouraged the Government to cooperate fully with them and to implement their recommendations. The Commission also welcomed the signature by the Government of Nepal of the optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and appealed to the Government to ratify the instrument.

In a Chairman’s statement on technical cooperation and advisory services in Timor-Leste, the Commission congratulated the Government of Timor-Leste for its accession to the main international human rights instruments. It welcomed the steps taken to establish the national institution of human rights. It also acknowledged the work undertaken so far by the Commission for Reception, Truth and Reconciliation. The Commission noted with satisfaction the development of a programme of technical cooperation between the Office of the United Nations High Commissioner for Human Rights and the Human Rights Unit of the United Nations Mission of Support in East Timor (UNMISET) in consultation with the Government of Timor-Leste.

The Commission underlined the importance of a continuing United Nations human rights presence in Timor-Leste after the end of the mandate of UNMISET in order to ensure an effective transition and to help the Government of Timor-Leste strengthen its capacity to promote and protect human rights. The Commission emphasized the need for continuing international assistance for strengthening the justice system in Timor-Leste and encouraged the international community to maintain its engagement with the Government of Timor-Leste in its efforts to promote and protect human rights.

In a Chairman’s statement on the situation of human rights in Colombia, the Commission said it continued to attach great importance to President Uribe’s commitment to seek a negotiated solution to the conflict, as this would bring about a lasting peace in the framework of good governance, democracy, the rule of law and respect for human rights. The Commission emphasized the importance of the principles of truth, justice and reparations for a comprehensive peace strategy. The Commission appreciated the priority placed by the democratically elected Government of Colombia, with the support of the great majority of the Colombian people, on the development of a fully functioning democratic State throughout the national territory that was more capable of protecting the most basic human rights of citizens, including the right to life.

The Commission reiterated the need for all measures taken under the policy of “Democratic Security” to comply with obligations under international law, in particular international human rights, refugee and humanitarian law. The Commission encouraged the Government to pursue its commendable intention to have the National Action Plan on Human Rights and International Humanitarian Law agreed to by the end of June 2004, following full and transparent consultation with representatives of civil society.

The Commission condemned all breaches of international humanitarian law arising from the conflict. It strongly condemns all acts of terrorism and other criminal attacks, the recruitment of a large number of children by illegal armed groups, and all acts of violence and breaches of international humanitarian law which were being committed by paramilitary groups in violation of their declared ceasefire. It expressed grave concern about reports that members of the security forces were responsible for breaches of international humanitarian law; at reports of summary, extrajudicial and arbitrary executions attributed to the security forces; and at increased reports of arbitrary and mass detentions in areas of military operations.

The Commission reiterated its particular concern regarding the climate of hostility that had been generated regarding the work of human rights defenders. It also deplored violations to the right of life of large numbers of children, and that vulnerable sectors of the population, including women and children, were especially affected by the ongoing violence. It reminded the Government of Colombia of its commitment to take into account and implement recommendations contained in the statement by the Chairperson, and welcomed the commitment of the Government to work in a constructive spirit with the office in Colombia of the Office of the High Commissioner for Human Rights to examine the implementation and evaluation of the Office’s recommendations.

General Comment on Advisory Services and Technical Cooperation

JEFFREY DE LAURENTIS (United States) said the United States wished to recognize the efforts of the drafters of the Chairperson’s statement on Afghanistan, as it accurately reflected positive developments in Afghanistan over the last year, and the positive contributions that women in that country could make in the future. The United States’ support for the statement signified its strong commitment to the rights of women in Afghanistan and to democracy in that country. Exceptional circumstances in some post-conflict countries that were trying to eradicate negative policies against women could cause them to consider quotas as a means for jump-starting reform, but the United States considered legal reform, among other things, to be the best way to ensure women’s human rights.

Action on Resolution on Promotion and Protection of Human Rights

Before taking action on a draft resolution on the protection of human rights and fundamental freedoms while countering terrorism, the Commission rejected two proposals for amendments to the text by role-call votes of 22 in favour and 26 opposed, with 5 abstentions, and 22 in favour and 27 opposed, with 4 abstentions, respectively.

In a resolution (E/CN.4/2004/L.106) on the protection of human rights and fundamental freedoms while countering terrorism, adopted by consensus, the Commission reaffirmed that States must ensure that any measure taken to combat terrorism complied with their obligations under international law; called upon States to raise awareness of the importance of these obligations among national authorities involved in combating terrorism; requested the High Commissioner for Human Rights to examine the question of the protection of human rights and fundamental freedoms while countering terrorism, taking into account reliable information from all sources; to make general recommendations concerning the obligations of States in this matter; to complete the study requested by the General Assembly concerning the extent to which the human rights special procedures and treaty monitoring bodies were able to address the compatibility of national counter-terrorism measures with international human rights obligations in their work; and decided to designate, for a period of one year, an Independent Expert to assist the High Commissioner in these tasks.

HARDEEP SINGH PURI (India) said terrorism was a scourge that violated basic human rights, and India agreed with the widely held view on how to fight that scourge. Thus, India wished to note that the co-sponsors had not incorporated some of the suggestions that had been made in that respect to improve the draft text. There was a need to take into account the work of the Sub-Commission on the Promotion and Protection of Human Rights and to make the best use of existing mechanisms and resources. Thus, India wished to propose the introduction of a new paragraph and to amend another paragraph to recognize these priorities.

PATRICIA OLAMENDI (Mexico) said the co-sponsors had made extensive consultations with other delegations, including India, with the view to adopting the text by consensus. The Indian suggestion was not acceptable. The proposed amendments were not compatible with the objectivity of the draft resolution.

SUGEESHWARA GUNARATNA (Sri Lanka) said different dimensions of the impact of terrorism and counter-terrorism continued to be discussed in the Commission and the Sub-Commission. Therefore there was a need to recognize and take into account the work already done on the subject, and the amendments by India did so. Therefore Sri Lanka would vote in favour of these additions.

LI XIAOMEI (China) said China had expressed its views on Independent Experts during the negotiation process. The High Commissioner and Secretary-General, as well as the special mechanisms, were all continuing their work on the issue of human rights and counter-terrorism. The Sub-Commission was a more appropriate locale for work in that regard to proceed. Therefore, the Chinese delegation endorsed the amendments tabled by India.

JUAN ANTONIO FERNANDEZ PALACIOS (Cuba) said the effort of the co-sponsors to obtain consensus was not satisfactory. The Sub-Commission had continued to carry out studies on the issue. Had India not submitted the amendments, Cuba would have done so. Cuba would vote for the amendments presented by India.