COMMISSION CONCLUDES GENERAL DEBATE ON ADVISORY SERVICES AND TECHNICAL COOPERATION IN FIELD OF HUMAN RIGHTS

19 April 2004



Experts on Liberia, Somalia, Cambodia and Haiti Present Reports;
General Debate on Rationalization of Work of Commission Concludes


The Commission on Human Rights today concluded its consideration of the question of advisory services and technical cooperation in the field of human rights after hearing Experts on Liberia, Somalia, Cambodia and Haiti present their reports.

Charlotte Abaka, the Independent Expert on Liberia, said she had not been able to visit the country due to security reasons. Another opportunity had been created for the people of Liberia to take back control of their country and reverse the several years of decline that were due to war and conflict. This required strong support, both human and financial, for the establishment of a strong national protection system through the creation of an independent national Commission on Human Rights, a Truth and Reconciliation Commission, as well as the development of a national law enforcement system that was capable of dealing with serious violations and abuses of human rights and humanitarian law.

Guatemala participated in the inter-active dialogue held after the Independent Expert presented her report.

Ghanim Alnajjar, the Independent Expert on Somalia, said over the last year there had been significant political developments in Somalia which offered some promise of providing a more stable framework for addressing issues for the promotion and protection of human rights. Outside of official processes, however, violations continued to be widespread, most notably in areas of the south, and remained cause for grave concern. Vigilance and concerted action should therefore be applied in ensuring respect for human rights in the country, while the peace process should be worked upon to be fundamentally anchored in the observance of the full range of human rights.

Ireland, speaking on behalf of the European Union, participated in the inter-active dialogue with the Independent Expert on Somalia.

Peter Leuprecht, the Special Representative of the Secretary-General for Cambodia, said the international community and the United Nations had a special and heavy responsibility with regard to Cambodia, as during the darkest period in its history, they had left the country alone. Cambodia had come a long way, but still had a long way to go, and the international community should continue to accompany and support it on its way. Cambodia urgently needed a new Government capable of tackling the urgent problems and needs of the country.

Ireland, speaking on behalf of the European Union, participated in the inter-active dialogue with the Special Representative of the Secretary-General for Cambodia.

Louis Joinet, the Independent Expert on Haiti, said that due to security reasons, he had been unable to prolong his stay in Haiti and to visit the countryside. Over the legal status of the transitional process, Mr. Joinet said that some individuals had protested the legitimacy of the transition. In order to deal with impunity, the Prime Minister had set up a Truth, Justice and Reconciliation Commission, which would elucidate the whole situation, particularly crimes committed in the past and during the upheaval. The opening of a branch of the Office of the High Commissioner for Human Rights should be given high priority, among other things.

Haiti, speaking as a concerned country, said the situation of human rights had grown worse under the previous Government and the human rights issue was of central concern under the new administration. The new Government aimed to follow the example of the international community’s commitments towards human rights and planned to open an office in conjunction with the Office of the High Commissioner for Human Rights. In Haiti there was a lack of resources and a lack of judges, among other things. It was necessary to combat these ills.

Switzerland, Canada and France participated in the inter-active dialogue with the Independent Expert on Haiti.

Speaking in the general debate on advisory services and technical cooperation in the field of human rights were Representatives of Egypt, Ireland on behalf of the European Union, Cuba, Argentina on behalf of MERCOSUR, India, Indonesia, Pakistan, European Community, Ghana, Liechtenstein, Afghanistan and Iran.

The following non-governmental organizations also addressed the Commission on advisory services and technical cooperation: Catholic Institute for International Relations, speaking on behalf of International NGO Forum on Indonesia Development and Asian Forum for Human Rights and Development; Human Rights Watch; Federación de Asociaciones de Defensa y Promoción de los Derechos Humanos; International Association of Democratic Lawyers; Médecins du Monde International; North-South XXI; International Young Catholic Students; and Amnesty International.

The Commission also briefly considered its agenda item on the rationalization of the work of the Commission, hearing from Egypt and the non-governmental organization International Service for Human Rights.

The Commission today is meeting non-stop from 9 a.m. to 6 p.m. It started its afternoon meeting at 3 p.m. during which it is scheduled to take action on draft resolutions.



Documents on Advisory Services and Technical Cooperation in Field of Human Rights

As the Commission begins its consideration of advisory services and technical cooperation in the field of human rights, it has before it a note by the secretariat on the report of the Independent Expert of the Commission on Human Rights on the situation of human rights in Liberia submitted under the 1503 procedure (E/CN.4/2004/8), which concerns the visit of the Independent Expert to the country from 16 to 21 December 2002 and notes that the ongoing conflict and the resulting humanitarian problem of refugees and displaced persons aggravates the overall circumstances and contributes to the generally worrisome situation. Considering that the Government of Liberia has done little to prevent human rights violations and has not brought the perpetrators of such violations to justice, the high level of impunity is considered to be one of the key factors contributing to the current alarming rate of human rights violations, including violations of freedom of expression and opinion, harassment of human rights defenders, arbitrary arrests and detention and the recruitment of child soldiers.

Among her conclusions, the Independent Expert says that a comprehensive solution should be sought addressing all aspects and the root causes of the crisis in Liberia, taking into consideration the overall situation in the Mano River region, including a ceasefire disarmament of all non-State armed groups and militias, ensuring conditions for free and fair elections, the rule of law, human rights and good governance. The Government should fully guarantee the fundamental rights of freedom of expression and independence of the media, address the issues of arbitrary arrest and detention of human rights defenders and guarantee the security and physical integrity of all Liberians, irrespective of political affiliation, religion or ethnicity. The grievous practice of using child soldiers must be stopped immediately. Attention should also be paid to the strong need for human rights education and training for the whole population, particularly judicial and law enforcement institutions, prison officers and health care providers. The Government must also give consideration to improving the living conditions of Liberians, including access to nutrition, potable water, sanitation and education.

There is also a report of the Secretary-General (E/CN.4/2004/99) which focuses on two important developments expected to impact on the policy orientation of the Technical Cooperation Programme of the United Nations Office of the High Commissioner for Human Rights: the Secretary-General’s programme of reform and the external global review of the programme for Technical Cooperation in the Field of Human Rights. The report also reflects the serious financial situation of the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights. The dramatic increase in expenditures by the Fund – more than double the previous biennium – has not been accompanied by a parallel increase in contributions.

There is also a note by the secretariat on the situation of human rights in Afghanistan (E/CN.4/2004/102), which notes that the Independent Expert, requested by the Commission in its resolution 2003/77, has yet to be appointed and thus there will be no report submitted on the topic to the sixtieth session of the Commission.

There is also a report by the Independent Expert, Ghanim Alnajjar, on the situation of human rights in Somalia (E/CN.4/2004/103), which notes that the past year in Somalia has been marked by continued efforts towards political stability as well as the persistence of distinct variations between regions in the observance of human rights. The assertion of the increasing importance of economic, social and cultural rights for the country provided further evidence of the resilience of the Somali people and the will of large proportions of the population to regain peaceful and productive lives. Acknowledging that Somalia is at a significant and promising juncture of its political history, he urges the Somali leadership and the international community at large to seize the opportunity to entrench human rights in the legal framework, the structures and the operationalization of the emerging governing modalities. The Expert continues to have faith in the value of civil society organizations for the monitoring, promotion and protection of human rights in the country and applauds the progress made in 2003 in establishing a pan-Somali network of human rights defenders and encourages further efforts, notably with the support of the international community, towards the consolidation and building of capacity among these groups.

There is also a report of the Secretary-General on the role and achievements of the Office of the United Nations High Commissioner for Human Rights in assisting the Government and people of Cambodia in the promotion and protection of human rights (E/CN.4/2004/104), which notes that an external evaluation of the Cambodia Office was undertaken in late October and early November 2003 to assess the impact and relevance of the Office’s programmes, major human rights protection and promotion issues, possible developments as a result of the recent National Assembly election, and the complementarity of the Office’s programme with other relevant activities of the United Nations. The mission concludes that the presence of the OHCHR/Cambodia represents a positive commitment of the international community to Cambodia, and that the continued existence of the Office in Cambodia is essential for fostering respect of human rights until conditions change to a satisfactory extent, and pending the development of effective and independent national human rights institutions. Among its actions to assist the Government in meeting its international human rights obligations, the OHCHR has continued to monitor the general human rights situation, to investigate reports of violations of human rights and to document patterns of such violations. OHCHR also provided protection work during the election campaign and in the months following the elections; and provided information to the Government and the international community on the situation and worked with local non-governmental organizations conducting election-related human rights monitoring and responding to their protection concerns. It has also assisted in the development of natural resource policies, concentrating efforts on the effect of large-scale agricultural plantations on the human rights of populations living within or close to their boundaries, and the extent to which they have contributed to the development and economic and social well-being of the Cambodian people as a whole.

There is also a report of the Special Representative of the Secretary-General for Human Rights in Cambodia, Peter Leuprecht, on the situation of human rights in Cambodia (E/CN.4/2004/105), which notes that the fourth national elections since the Paris Peace Accords of 1991 were held in Cambodia in July 2003. Standards associated with the technical conduct of campaigning and polling improved and levels of political violence were lower than in previous elections, while political parties were allowed more equitable access to the electronic media and greater freedom of expression during the official campaign period. Yet events in 2003 also showed how far Cambodia’s decade-old nation-rebuilding process still has to go. The restriction of freedom of assembly and association outside the official campaign period, the murders and intimidation that surrounded the election and the failure to bring those responsible to account were longstanding problems. Moreover, more than five months after the elections, Cambodians were still awaiting agreement between elected leaders on a new Government.

After considering major developments and human rights issues of concern in Cambodia in the area of elections, legal and judicial reform, impunity, prisons, land and forestry issues, refugees and health, the budget and civil society, the Special Representative recommends, among others, that the Government needs to shift its emphasis from enacting laws to implementing them effectively. The Government should also establish an independent and transparent board of inquiry to assess why mob attacks occur and suggest how to prevent them. In terms of land and forestry issues, the Government should reconsider the concession development model, which has failed to reduce poverty in rural areas or to generate significant revenues for the State. Furthermore, the Government should also take the necessary action to adequately regulate activities of private providers in the health sector. There was a continuing need to promote better access to information about human rights, land rights, contract procedures and the law in general. The Government and donors should recognize the positive role that civil society can play in promoting tolerance, rule of law and accountable government.

There is also a report of the High Commissioner for Human Rights on the situation of human rights in Sierra Leone (E/CN.4/2004/106), which notes that the last months have seen further progress in the implementation of the peace process, stabilization of the human rights situation and consolidation of State authority in Sierra Leone. The administration of justice has benefited from increased staffing of courts with magistrates and Justices of the Peace, as well as from the rehabilitation of court buildings. Similarly, police and prison administration have seen their capacity increase, both in terms of recruitment of officers and strengthening of physical infrastructure. The transition to peace has been aided by the work of the Truth and Reconciliation Commission and the Special Court. Nonetheless, the root causes of the conflict persist, creating a perception that too many impediments remain for the attainment of economic and social rights in Sierra Leone. Thus, given the expected conclusion of the United Nations Mission in Sierra Leone in December 2004, support by the Office of the High Commissioner should be guided by the need to transfer responsibility for human rights monitoring and training and capacity-building and advocacy to local partners. Another main objective should be to ensure the appropriate follow-up to ensure that the post-UNAMSIL residual United Nations presence should include a substantial human rights component with the capacity and personnel to monitor and report on the human rights situation and to help build national capacity through training and human rights advocacy.

There is also a report of the United Nations High Commissioner for Human Rights on the situation of human rights in Timor-Leste (E/CN.4/2004/107), which notes that a new technical cooperation project has been created in 2002 between the Office of the United Nations High Commissioner and the Human Rights Unit of the United Nations Mission of Support in East Timor, in consultation with the Government, to cover a two-year period. The project is designed to support the commitment of the Government of Timor-Leste to promote and protect human rights and includes activities corresponding to human rights needs identified, including the incorporation of international human rights standards in national laws and policies; the building of the rule of law; the formulation of national plans of action for the promotion and protection of human rights; human rights education and training; and promoting an human rights culture. The report also notes, in conclusion, the special relationship that had developed between the people of Timor-Leste and the late High Commissioner, Sergio Vieira de Mello. The bonds of friendship and respect that had developed during Timor-Leste’s transition to democracy stand as a testament to the extraordinarily positive work that the international community can perform in concert with individual nations.

There is also a report of the Independent Expert, Louis Joinet, on the situation of human rights in Haiti (E/CN.4/2004/108), which notes that the institutional crisis in the country, coupled with an increasingly serious social crisis, has led to such insecurity that a return to peace in the near future on the basis of elections seems unrealistic as long as the “rule of law” continues to be superseded by the “rule of impunity”. The crisis has been aggravated by the recent emergence of violent opposition following the murder of Amiot Metayer, the pro-Government leader of one of the main grassroots organizations known as “popular organizations”. Among his recommendations, the Independent Expert proposes that the Office of the United Nations High Commissioner for Human Rights open an office, whose main tasks will be to assist in the implementation of the Government’s solemn commitment to eradicate impunity and to provide assistance and support to the “player of the future” – judges and police officers who would put training on human rights to good use by displaying professionalism and a commitment to upholding the law. The report also stresses the need for reforms of the rules governing the judiciary, the Supreme Council of Justice, the Judicial Training College and the Institute of Forensic Medicine, and proposes that special attention be paid to initiatives taken by non-governmental organizations to provide legal aid and assistance to victims.

There is also a report of the Independent Expert, Charlotte Abaka, on technical cooperation and advisory services in Liberia (E/CN.4/2004/113), which notes the difficulties encountered by the Independent Expert in visiting the country, given the security situation in Liberia in 2003. Therefore, the report had been prepared mainly from information gathered from United Nations agencies and national and international non-governmental organizations based in Liberia. The armed conflict in the country intensified in January 2003, spreading to areas hitherto unaffected by fighting. Informed estimates indicate that one in ten Liberian children may have been recruited into the war and that children had suffered all forms of atrocities, sexual violence, displacement, separation from their families and disruption of education. With international aid workers unable to reach most parts of the country, a humanitarian disaster ensued and reliable information indicates that the lack of food and sufficient water and total breakdown of sanitation facilities led to the outbreak of contagious diseases like diarrhoea and cholera. Peace initiatives led to the signing of a ceasefire agreement between the Government and the two main rebel groups on 17 June 2003. Then, on 11 August, President Charles Taylor handed over power to Vice-President Moses Blah and left Monrovia for Nigeria to begin life in exile.

Among the recommendations, the report notes that after fourteen years of civil war characterized by serious violations of human rights and humanitarian law, there will have to be a systematic creation of political and societal understanding of the ethical and moral responsibilities of the State and civil society in order to ensure the fundamental rights of all individuals in Liberia. The establishment of a strong national protection system and provisions for addressing war-related violations were central to the restoration of Liberia, in which respect here should be strong international support for the establishment of the Independent National Commission on Human Rights and the Truth and Reconciliation Commission provided for in the Comprehensive Peace Agreement, as well as the development of a national law enforcement system capable of dealing with serious violations and abuses of human rights and humanitarian law. Strong emphasis should also be placed on the development of national capacity to protect and promote international human rights.


Statement by Independent Expert on Liberia

CHARLOTTE ABAKA, Independent Expert on Liberia, said several efforts had been made to visit Liberia, but due to security reasons, it had not been possible to undertake a mission to that country. Efforts made to meet at least the leaders of the numerous Liberian refugees living in camps in Ghana were also unsuccessful. This was unfortunate as the refugees that would hopefully return to Liberia needed to be made aware of and understand the principle of tolerance at all levels, respect for people’s human rights and the fact that there could be no development, including personal development, in a non-peaceful environment.

Another opportunity had been created for the people of Liberia to take back control of their country and reverse the several years of decline that were due to war and conflict. This required a strong support, both human and financial, for the establishment of a strong national protection system through the creation of an Independent national Commission on Human Rights, a Truth and Reconciliation Com, as well as the development of a national law enforcement system that was capable of dealing with serious violations and abuses of human rights and humanitarian law. In this regard, the development and implementation of national capacity building programmes to protect and promote international human rights should be considered a priority.

The international community’s quest to assist Liberia to establish a stable democracy demanded that there be a strong focus at all stages and levels on gender justice within the context of human rights. The HIV/AIDS pandemic remained a serious security threat, as the pandemic thrived during conflict and wars, with women being disproportionately affected, and special programmes and resources targeting women and girls were needed. After over a decade of devastating war and conflict, the people of Liberia were now confronted by the terror of poverty, hunger, inequality and HIV/AIDS. These were the real seeds that resulted in the creation of obstacles for both human development and human security, therefore all policies and programmes should aim at reducing poverty, ensuring adequate nutrition, eliminating gender inequalities and sex discrimination, and addressing the HIV/AIDS pandemic. The people of Liberia deserved to enjoy the most basic of all human rights, the right to life, in a dignified way.


Inter-Active Dialogue

LARS PIRA (Guatemala) said that there had been some difficulty in getting the Government of Liberia to report to international bodies, including those monitoring the use of antipersonnel mines and asked whether the Independent Expert could give additional information on demining efforts in Liberia, or whether she could help urge the Government to submit its report.

CHARLOTTE ABAKA, Independent Expert on Liberia, reiterated that she had been unable to visit the country and that her information was based mainly on reports from organizations operating in the country, and added that she had not understood that mines had been widely used in Liberia. However, she would take the first opportunity to bring up the subject with Government officials.

Statement by Independent Expert on Somalia

GHANIM ALNAJJAR, Independent Expert on Somalia, said over the last year there had been significant political developments in Somalia which offered some promise of providing a more stable framework for addressing issues for the promotion and protection of human rights. Outside of official processes, however, violations continued to be widespread, most notably in areas of the south, and remained cause for grave concern. Vigilance and concerted action should therefore be applied in ensuring respect for human rights in the country, while the peace process should be worked on in order to ensure that it was fundamentally anchored in the observance of the full range of human rights.

Somalia remained without a central Government. The right to life continued to be violated on an extensive scale. Infringements of the rights of women merited serious concern. Female genital mutilation affected an estimated 98 percent of the female population, and gender-based violence was a significant problem, with women in displaced persons camps being especially vulnerable. Children had paid an especially high price during the country’s 12 years of conflict. The administration of justice was a continuing challenge, with some progress to be noted thorough training being carried out by the United Nations. Major obstacles were encountered. The conditions of internally displaced persons continued to be disturbing, as they received little assistance, and were allegedly discriminated against.

Somalia also continued to bear some effects of anti-terrorism action. There was increasing relevance of economic, social and cultural rights in the Somali context. Relative peace in several regions had permitted the expansion of commercial activity. Assistance to Somalia should be based on the principle that all human rights were indivisible and interdependent, and on the understanding that progress towards peace and civil and political rights would need to be reinforced by addressing the realization of economic and social rights. There had been commendable progress made in enhancing networking and effectiveness towards the promotion of human rights, and civil society actors had also made a valuable contribution to the peace process. The Secretary-General and the Security Council should establish a committee of independent experts to examine allegations of past massive human rights violations and crimes against humanity committed in Somalia, to support a process of reconciliation which would take the country forward, and the international community and local authorities should give every assistance to civil society in fulfilling its role with respect to the promotion and protection of human rights in Somalia. Peace based on the realization of fundamental respect and enjoyment of human rights for the Somali people was the goal all should work together for.

Inter-Active Dialogue

MARY WHELAN (Ireland) said with regard to children in armed conflict, the Special Rapporteur had expressed concern, and Ireland asked what was the most effective way of dealing with this issue. With regard to gender-based violence and inequality, what were the most effective ways of dealing with this problem.

GHANIM ALNAJJAR, Independent Expert on Somalia, responding, said it was a difficult situation in Somalia. Regarding children in armed conflict, a good example had been seen in Kismayu, where the group involved did the disbanding themselves once the appropriate economic situation had been achieved. Investment should go in this direction, and all donor countries should invest heavily in this regard. Regarding the gender situation, work had been also done in this direction, and women were helped to be active in the peace process and civil society, which contributed towards this.

Statement by Special Representative of Secretary-General on Cambodia

PETER LEUPRECHT, Special Representative of the Secretary-General for Cambodia, said the international community and the United Nations had a special and heavy responsibility with regard to Cambodia, as during the darkest period in its history, they had left the country alone. Cambodia’s journey from the killing fields to peace, harmony, democracy, rule of law and respect for human rights was long and arduous. Cambodia had come a long way, but still had a long way to go, and the international community should continue to accompany and support it on its way. Many in Cambodia put great hope in the United Nations, and they should not be disappointed.

Cambodia urgently needed a new Government capable of tackling the urgent problems and needs of the country. These problems came under five headings. The need to consolidate pluralistic democracy was the first, and Cambodia had to move from an authoritarian to a participatory style of Government, with a true separation of powers, and with transparent, neutral and accountable state institutions. Secondly, there was a need to build a state based on the rule of law, and this was a huge and daunting task. A strong political will was required to make progress on this path. Further, Cambodia urgently needed an independent, impartial and trustworthy judiciary.

Thirdly, there was an urgent need to eradicate corruption, which was a gangrene that ate away at Cambodian society, affecting many areas of life, and appeared to be a top-down phenomenon. Therefore, the fight against corruption needed to be conducted from the top to the bottom. Fourth, the need to fight poverty was clear, as Cambodia was a perfect illustration of the factual indivisibility of human rights. Finally, Cambodia needed to comply with international human rights commitments. These were just a few of the huge and daunting problems which the new Cambodian Government would have to tackle. The international community for its part should continue to assist and accompany Cambodia. The shared objective should be to ensure a life in dignity for all Cambodians.

Interactive Dialogue

MARY WHELAN (Ireland), speaking on behalf of the European Union, asked what ideas the Special Representative had on combating impunity in Cambodia; how greater protection could be given to the rights of women and children, so as to combat paedophilia, sexual trafficking, and violence in the home; and how the problems of landlessness, especially in rural communities, could be tackled.

PETER LEUPRECHT, Special Representative of the Secretary-General for Cambodia, responding, said the United Nations had repeatedly raised the issue of impunity over the last 10 years; it was still a serious issue in Cambodia; many perpetrators of human rights violations were at large and had not been arrested, and this damaged confidence in the rule of law and in development of democracy in the country. Little progress could be made unless corruption was brought under control and a functioning, impartial judiciary was established. Establishment of such a judiciary was especially important, and was proving very hard to accomplish. Political will seemed to be lacking for combating impunity. In a series of high-profile killings and assassinations, there had been no significant progress in arresting, charging, or punishing perpetrators.

UNICEF and Cambodian non-governmental organizations were doing great work to protect women and children, but unfortunately, prostitution was the third most frequent form of employment of women in Cambodia. Some foreigners had been tried and sentenced for paedophilia, but many had bought their way out, and no major traffickers had been charged. Of course the underlying problems of unemployment, poverty, and corruption had to be faced. Some 200,000 women and girls apparently were trafficked in the area per year.

As for landlessness, Mr. Leuprecht said, he had been advocating a human-rights approach to land reform. Landlessness was a huge problem. It was estimated that 36 per cent of the population lived below the official poverty line, a line that was very low in the country. Concessions for forestry and agriculture occupied much of the country’s land. About 2.7 million hectares of Cambodia’s territory was under the control of concessions and unavailable for subsistence to the rural poor.

Statement by Independent Expert on Haiti and Response

LOUIS JOINET, Independent Expert on Haiti, introducing his report, enumerated in detail the result of his recent short visit to Haiti and his meetings with the new Haitian authorities and leaders of civil society. He said that due to security reasons, he had been unable prolong his stay or to visit the countryside to see the situation. Over the legal status of the transitional process, Mr. Joinet said that some individuals had protested the legitimacy of the transition. In order to deal with impunity, the Prime Minister had set up a Truth, Justice and Reconciliation Commission, which would elucidate the whole situation, particularly crimes committed in the past and during the upheaval.

The Independent Expert said that the issue of disarmament had been raised during his visit as part of the transitional process. Special attention should also be drawn by the ministries of health and justice on the legal management of medicine. Concerning the commission of truth, justice and reconciliation, the Expert said that a structure that would allow national dialogue should be put in place to encourage all parties to participate on the basis of the political consensus on transition. The opening of the Office of the High Commissioner for Human Rights should be given a high priority, among other things.

JEAN-CLAUDY PIERRE (Haiti), speaking as a concerned country, said the situation of human rights had grown worse under the previous Government and the human rights issue was of central concern under the new administration. The new Government aimed to follow the example of the international community’s commitments towards human rights and planned to open an office in conjunction with the Office of the High Commissioner for Human Rights. In Haiti there was a lack of resources including the lack of judges, among other things. It was necessary to combat these ills. Haiti had intended to strengthen its existing capabilities and considerable importance was aimed in technical cooperation measures. There would be no improvement unless there was an improvement in the economic situation of the country. Under the former President, the country had claimed bankruptcy. Now, there was a mass appeal for greater solidarity for the Haitian people. International assistance could not be confined to humanitarian aid; this should extend to services and technical cooperation. The current Prime Minister had invited members of the Government to follow the path of human rights already in motion. Among the steps being taken were the dismissal of police officers accused of violations of human rights, and reconsidering the trials of those who were brought to trial extrajudicially. Question of impunity and detention were just a few of the areas which needed to be strengthened.

Inter-Active Dialogue

JEAN-DANIEL VIGNY (Switzerland) asked if Mr. Joinet had held talks on human rights with prominent political parties in Haiti, and with representatives of the rebels.

DEIRDRE KENT (Canada) asked how a return to conditions of security might be brought about throughout the country; and how members of the police who had committed human rights violations might be dealt with.

BERNARD KESSEDJIAN (France) asked how Mr. Joinet viewed the continuation of his mandate, and what he thought was the main subject that should be dwelt upon in the future.

LOUIS JOINET, Independent Expert on Haiti, responding, said he had held talks with the political party of President Aristide; and he had visited a Minister now being held in prison. His concern was that the fight against impunity would be carried out with respect for fair trial standards and a minimum of formality. He had scheduled a meeting with the most important of the rebels; the situation was complex, however; there were several rebel groups, several self-proclaimed gangs, several “neo-militaries”. He hoped the Haitians would not give in again to these temptations.

The challenge was to have a strong police force but a democratic one, Mr. Joinet said. Combating impunity would involve setting up a truth and reconciliation committee, and a national dialogue. That would be the most difficult task of all.

He interpreted his mandate as one of being independent of the presence of a given President in Haiti, Mr. Joinet said. What was needed was a State, a situation of law independent of personalities. He was concentrating on that aspect, on helping to give the country a backbone of law and civil society.

General Debate on Advisory Services and Technical Cooperation in the Field of Human Rights

ALAA ROUSHDY (Egypt) said that his country attached great importance to technical assistance and cooperation, which was the only way to discharge States obligations. States should not be criticized without the availability of such international cooperation. The developing countries could improve their performance if they received international cooperation and advisory services. The criticism by the developed nations of the developing countries under the country specific agenda item nine was unacceptable. That was why Egypt had suggested the transfer of item nine under item 19. The positive contribution of the advisory service would help the countries to better discharge their international obligations and improve their reporting process. In addition to international cooperation, a true dialogue based on equality and mutual respect should be held among the international community. Many developing countries lacked financial means to meet correctly their international obligations.

EAMONN NOONAN (Ireland), speaking on behalf of the European Union, said the Union fully supported the advisory services and technical cooperation programme of the Office of the High Commissioner, and it welcomed the expansion of the technical cooperation programme to the Solomon Islands, El Salvador, Nepal, Sri Lanka, Côte d’Ivoire, Liberia and Iraq. The Union’s commitment to capacity building was demonstrated through the support it extended to civil society and various international and regional organizations; over 100 million Euros was available under the Union’s programme European Initiative for Democracy and Human Rights. The Union also was conscious of the need to protect human rights within the Union, as was illustrated by its adoption of the European Union’s Charter of Fundamental Rights.

The Union encouraged the Office of the High Commissioner to strengthen its links with regional human rights organizations; to build on relations with other United Nations bodies; to develop its strategic programming capacity; and to work towards making the most effective use of limited resources. The Union also supported the movement towards more regular budget funding for the Office from the General Assembly, and encouraged all States to consider contributing to United Nations general funding and to the Office’s voluntary fund.

JORGE FERRER RODRIGUEZ (Cuba) said that achieving international cooperation for the solution of the humanitarian international problems was one of the primary purposes of the United Nations, contained in the Charter of that organization. However, advisory services and technical cooperation issues in the field of human rights were not free from the worrisome deformations and negative trends affecting the Commission and the functioning of the United Nations human rights mechanisms. Almost without a single exception, all technical assistance projects were carried out in countries of the South, in spite of the increase of racism, racial discrimination, trafficking in migrants, trafficking in women for sexual exploitation, child prostitution and pornography, pedophilia, violations of human rights of indigenous populations and other minorities and the restriction of fundamental rights and freedoms with the excuse of the so-called fight against terrorism, in industrial countries.

Contradictorily, 62.5 per cent of staff employed in the field offices in cooperation and in technical assistance projects came from only one regional groupings of the United Nations, that of the developed European and other States, where the attempts to shape the world to their own image came from seeking to force through the globalization of a single model of economic, social and cultural development, alien to the realities and counter to the right to self-determination of the peoples.

GREGORIO DUPONT (Argentina), speaking on behalf of MERCOSUR, said MERCOSUR gave prime place to human rights, which strengthened democratic processes and human dignity and hence led to economic development and healthy trade. Meetings and consultations were continuing to achieve institutionalization in the area of human rights and fundamental freedoms.

United Nations activities to build human rights capacity and education were very useful, and MERCOSUR remained committed to technical cooperation and advisory services in the field of human rights. Follow-up activities in this area should be enhanced, as in the application of international standards in human rights by national courts and procedures. It also was important to enhance the role of civil society; MERCOSUR had found this approach to be effective in promoting human rights.

HARDEEP SINGH PURI (India) was convinced that a durable and effective improvement in the human rights situation in various parts of the world could only be achieved through a well-funded programme of technical cooperation and advisory services. In this regard, India has, together with Germany, tabled its traditional biennial resolution on the subject. It was encouraging that there were 37 ongoing projects on technical cooperation, for which there had been a dramatic increase in expenditure from $ 8.8 million to $ 19.3 million in the 2002-2003 biennium. This momentum needed to be maintained. On the other hand, this growth had not been matched by an increase in contributions, with a serious financial situation faced by the Voluntary Fund for Technical Cooperation. Even with the limitations of resource availability, the mainstreaming of technical cooperation in the functioning of human rights mechanisms could make a substantial difference. It would be useful if treaty bodies, special rapporteurs and special representatives, as well as working groups, working within their respective mandates, included in their recommendations specific projects to be realized under the programme of advisory. India called on the Office of the High Commissioner to assume a larger role through an enhanced programme of advisory services in the field of human rights and urged the High Commissioner to examine ways and means by which the visibility and distinct identity of the technical cooperation activities of the Office could be further improved.

EDDI HARIYADHI (Indonesia) recalled that the Commission, through a statement by its Chairperson, had requested the High Commissioner for Human Rights to develop and implement with the Government of Timor-Leste a programme of technical cooperation in the field of human rights. In this regard, the Chairperson’s statement spoke of technical cooperation between the Office of the High Commissioner and the Government of Timor-Leste. Indonesia supported the need to strengthen international assistance for the enhancement of Timor-Leste’s national capacity in various sectors, including in the area of human rights promotion and protection. It was well recognized that ever since the inception of UNTAET as a provisional authority in Timor-Leste, the Government of Indonesia had committed itself unreservedly to open a new chapter and to foster strong bilateral ties with Dili, which had steadily strengthened after the full independence of Timor-Leste. In view of the commonality of interests and special historical and socio-cultural ties, the Indonesian Government had taken this task to heart in a sincere desire to mend past differences and genuine commitment to develop strings and forward-looking relations with Timor-Leste, based on trust and mutual respect. In accordance with the determination to develop strong bilateral relations with the Government of Timor-Leste, the Indonesian Government welcomed and supported the development of technical cooperation between the Office of the High Commissioner and the Government of Timor-Leste. Nevertheless, this cooperation should be strictly focused on Timor-Leste, i.e. the enhancement of the national capacity of the Government of Timor-Leste, aimed at supporting the Government’s efforts in the promotion and protection of human rights in the new State.

SHAUKAT UMER (Pakistan) said that the technical cooperation and advisory services of the Office of the High Commissioner for Human Rights was not ancillary to the work of the thematic procedures but an integral part of its activities. The Government agreed that while designing technical cooperation programmes, the inputs of relevant treaty monitoring bodies and special rapporteurs were relevant and important. The success of technical cooperation and advisory service programmes stemmed from the fact that it was at the request of the States concerned which were equal partners in its design and education. In Pakistan, there was an increasing awareness of human rights. One of the most impressive developments in Pakistan in the last decade had been the proliferation of non-governmental organizations in the country. Their numbers were estimated to range from 80,000 to nearly 100,000 most of whom were devoted to social welfare, education, health and poverty reduction, yet many were focusing on creating awareness of human rights among the citizens and the policy makers. Some were providing orientation to Pakistan’s legislators, which now included a substantial number of women, to the international human rights regime, international standards and the global discourse on important human rights issues. Lastly, the speakers noted that at the request of the Government, the Office of the High Commissioner for Human Rights conducted a human rights module in the Pakistan Foreign Service Academy for mid-level officers in February this year.

MARIE ANNE CONINSX, of European Union, said the European Union had sent a clear signal of the importance it attached to the issue of children and armed conflict through the adoption of policy guidelines by the Council of Minsters last December. The uncontrolled accumulation and spread of small arms and light weapons in areas of tension or conflict was a related area of concern where the Union had made a significant effort; between 1999 and 2002, over 10 million Euros had been allocated to projects to combat this major problem, including programmes in Cambodia, Mozambique and South Eastern Europe. The Union also was committed to pursuing a vigorous campaign to eliminate the threat posed by anti-personnel landmines.

The fight against the death penalty and torture also were major priorities for the European Union, reinforced by European Commission funding for major projects with non-governmental organizations and international organizations, notably through the European Initiative for Democracy and Human Rights.

ANNA BOSSMAN (Ghana) said her Government strongly believed that the respect for all human rights reinforced democracy and promoted development and the promotion and protection of fundamental rights; moreover, freedoms were the only durable sustainable framework within which the welfare of people could be ensured. Ghana was pursuing national strategies including administrative, legislative, legal and technical measures that would promote and defend human rights in the country. It had repealed the Criminal Libel Law, laws restricting press freedom and had also joined the Peer-Review Mechanism of NEPAD. Also in the pipeline, there was a Freedom of Information Bill which would soon be passed into law. Ghana was proud to be associated with the Right to Development Project, under which the Independent Expert on the right to development was expected to visit Ghana to carry out his work because Ghana believed that that right embodied the enjoyment of all other basic human rights such as the right to food, shelter, clothing, water, work, health and education.

Ghana called on the Office of the High Commissioner to complement its efforts by providing financial, advisory and technical assistance, among others, in the areas of the preparation of its periodic reports to be submitted to treaty bodies; the strengthening of its National Human Rights Institution; the provision of human rights training for law enforcement agencies, lawyers, judges, prison officials, army personnel and academics; and the promotion of human rights education among members of Parliament and public officials.

PIO SCHURTI (Liechtenstein) said it was essential that States entered into dialogues with the treaty body system – non-reporting remained a serious problem that both States and treaty bodies needed to address. Liechtenstein had been happy to host a seminar on treaty body reform in May of last year in Malbun Liechtenstein; the outcome of the meeting was action-oriented and focused on practical measures. In particular there were recommendations on elaborating guidelines for an expanded core document which could be complementary to focused periodic reporting.

Participants at the Malbun meeting also pointed out that an inventory of capacity building should be created. Best practices could then be distilled from this inventory and disseminated. The focus on practical measures was an important point of the agreement at the Malbun meeting – it was felt that the reporting process should be less bureaucratic and less onerous for everyone involved and at the same time should be more politically relevant, especially at the domestic level.

GULAM SEDIQ RASULI (Afghanistan) said Afghanistan welcomed the recent appointment of an Independent Expert by the Secretary-General to provide a report on the human rights situation in the country; Afghanistan hoped that the Expert could help develop a programme of advisory services. Afghanistan was doing its best to protect human rights, but the impact of 23 years of devastating wars had severely affected infrastructure and society, and had left deep wounds. The Government had ratified the optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts, and had ratified or acceded to several other international human rights instruments. It had convened its Constitutional Grand Assembly with the active participation of women. Adoption of the new Constitution was a major step towards creating a civil society based on the rule of law, social justice, and protection of fundamental rights and freedoms.

President Hamid Karzai recently had issued a presidential decree establishing an independent commission to investigate forced evictions and destruction of houses in the Shirpoor district of the capital, and the Kabul Chief of Police, who was responsible for this action, had been relieved of his duties while the investigation was under way. As the country had been a war for almost a quarter of a century, the situation of security remained acute in many areas. There were many irresponsible elements who were still armed and active in carrying out terrorism, thus threatening the fragile peace process. In establishing the rule of law and protecting human rights, the issue of security was directly and intrinsically linked to developing adequate and satisfactory law enforcement bodies. Help in this matter from the international community would be highly appreciated.

MOHAMMAD MADHI AKHONZADEH (Iran) said Iran had invested much effort in recent years in human rights standardization of national laws and policies; strengthening of national institutions capable of promoting and protecting human rights; formulation of national action plans; and human rights education. Human rights courses had been incorporated into university programmes and there had been many cooperation programmes between Iranian universities and foreign partners.

Iran had submitted a request for technical cooperation to the Office of the High Commissioner in 1996, and much had resulted, including a “needs assessment visit” from the Office which identified four priority areas for technical cooperation and advisory services: law implementation, prisons and correctional centers, city councils, and human rights education in schools. Cooperative efforts had followed, and the project on human rights education in the schools had now been finalized and was being implemented. Technical cooperation and advisory services were very effective, but should be fashioned with attention to the national and cultural circumstances of the countries concerned and should be offered within the context of national plans of action, where they existed, and in keeping with States’ priorities.

TEUKU SAMSUL BAHRI, of Catholic Institute for International Relations, speaking on behalf of International NGO Forum on Indonesia Development and Asian Forum for Human Rights and Development, recalled that the International Commission of Inquiry for East Timor had been established to investigate the atrocities committed in 1999 and had recommended that an international human rights tribunal should be established to bring perpetrators to justice. However, the Security Council had not followed the recommendation, but had preferred to rely upon national judicial systems. Investigations and prosecutions had begun in both East Timor and Indonesia. However, the small number of perpetrators brought to justice thus far indicated that the Commission’s resolution had still to be fully implemented. The Commission should follow-up its resolution through continuing to support the Serious Crimes Unit in Timor-Leste and urging the Government of Indonesia to extradite those accused or indicted by the Serious Crimes Unit to face trial in Timor-Leste, to try all those who had been indicted by the Serious Crimes Unit in Indonesian courts or to agree to the establishment of an international human rights tribunal.

LOUBNA FREIH, of Human Rights Watch, said the situations in Afghanistan, Haiti and Nepal were grave, as the serious human rights concerns in these countries warranted scrutiny and appropriate censure. They were also situations in which the international community could help to build stronger systems for human rights protection. The Commission could not hope for technical assistance to be effective however, unless clear benchmarks were set, adequate monitoring mechanisms put in place, regular public reports made on human rights developments and on the functioning of assistance programs, and such programmes were backed up with sustained international pressure to end abuses.

SIRA CORBETTA, of Federación de Asociaciones de Defensa y Promoción de los Derechos Humanos, said Equatorial Guinea did not respect any international legal norms aimed at respecting human rights. The Commission had decided last year to end the mandate of the Special Representative on Equatorial Guinea and advised the Government to adopt effective measures to protect and promote human rights to improve the situation. The Representative had recommended that the Commission be vigilant about the situation of massive detention of the political opposition that took place in March 2002. On 19 April 2002, the European Union had expressed concern about human rights violations in the country, which were recognized by the Representative in his report and requested that special mechanism be applied to monitor human rights developments in the future. Many political opponents were languishing in prisons. The Federation expressed deep concern about the growing human rights situation in Guinea Equatorial and by the dictatorial acts of the country’s President.

YORIO SHIOKAWA, of International Association of Democratic Lawyers, said he wished to draw attention to a report entitled “People’s Voices from Japan”, which cited 27 cases of violations of human rights that called for wider and closer cooperation with the international community. He said he also wished to raise awareness on the need to fund the United Nations Voluntary Funds. His organization’s contributions to the Fund on Contemporary Forms of Slavery had begun in 1998, using money from lawsuits brought against Japanese businesses on grounds such of unjust discriminative treatment of employees. Now, the organization was trying to extend its contributions to the Indigenous Population Fund and to the United Nations Decade and Fund for Victims of Torture. By increasing gradually numbers of contributors and amounts of contributions to the United Nations Voluntary Fund, international cooperation for human rights would become true as more and more people got involved in human rights issues.

GIANFRANCO FATTORINI, of Médecins du Monde International, said the situation with regard to impunity in Haiti was grave, and there was need to work to reinforce the fight against it, which was what Medecins du Monde was doing, from the context of the medico-legal framework. The Commission was urged to renew the mandate of the Independent Expert whose mandate focused on the fight against impunity, and that the Independent Expert in the context of his mandate take initiatives to ensure that the medico-legal institution in Haiti, whose role was indispensable and fundamental in the current climate of violence, was able at last to take independent activity. Further, the Office of the High Commissioner for Human Rights should create a human rights office in Haiti. Finally, a Truth and Reconciliation Commission should be set up in order to give justice where justice did not exist.

RAFAELLA DE LA TORRE LAIMEZ, of North-South XXI, said that the Special Rapporteur on the human rights situation in Guinea had recognized in his report E/CN.4/2002/40 that the technical assistance that country received could be productive if the State party embarked on the recommendations formulated by the Commission and if it adopted monitoring mechanisms of the implementation of the recommendations. Guinea did not have an independent juridical system. The judicial and executive powers were not separated. There was no guarantee that civil matters could be seen in civil tribunal because of the existence of military courts. The barriers put in place by the security agents had impeded people to move freely from one place to the other within the territory. The right to freedom of expression had been restricted and the process of election had been hampered by such measures. A number of obstacles had been placed against the implementation of universal suffrage, including through the imprisonment of political opponents. The Government did not want to recognize the legitimate rights and activities of political parties.

ALEXANDRE OWONA, of International Young Catholic Students, said that despite efforts by international and local leaders recently, much remained to be done in promoting and protecting human rights in Haiti. There was a genuine universal crisis in that country, which was characterized by flagrant violations of human rights, impunity, personal violence, retributions and violations of liberties of all kinds. Furthermore, the report of the Independent Expert on the situation of human rights in Haiti had focused upon the civil and political aspects of the situation, even through the economic, social and cultural aspects were as important. Moreover, the report did not account for the most recent developments in the country. Without mentioning such events, it would be hard to consider how best to advance peace, respect for the rule of law and legality and the democratisation and development of Haiti. The Secretary-General should name a Special Representative on the situation in Haiti and the Haitian authorities should undertake to protect and promote all human rights, to fight impunity and ensure an independent judicial system and to conform to international obligations.

CLAIRE MAHON, of Amnesty International, said assisting Member States to strengthen the promotion and protection of human rights in their territory was one of the most important functions of the Commission. Where a State emerging from a situation marked by serious human rights violations demonstrated a commitment to improve its respect for human rights, the Commission should be prepared to assist it. The Commission should reform the way in which it addressed situations of gross and systematic human rights violations. Measures adopted under item 19 should reflect the twin pillars of promotion and protection. Where the Commission mandated the provision of technical assistance, the availability of adequate resources was essential.

Right of Reply

ANTOINE MINDUA KESIA-MBE (Democratic Republic of the Congo), speaking in exercise of the right of reply, said in response to the concern expressed by Amnesty International that he would like to thank the organization for its fight for human rights throughout the world, and in his country in particular. However, within its efforts, the organization had sometimes unnecessarily rang the alarm bell as in the present case of his country. At the time that the Commission took upon consideration of the draft resolution related to the situation in the Democratic Republic of the Congo, his delegation would address all the concerns expressed by Amnesty International. For the moment, he wished to point out that the Commission must support dialogue rather than confrontation and avoid the pointing of fingers so as to avoid provocative attitudes.

Documents on Rationalization of Work of Commission

As the Commission begins its consideration of the organization and rationalization of its work, it has before it a note by the secretariat on the compilation of views received by the Expanded Bureau in response to Commission decision 2003/116 (E/CN.4/2004/109), which contains submissions by the Member States of the group of Asian States, the Member States of the group of African States, the Member States of the group of Eastern European States, the Member States of the group of Latin American and Caribbean States, a cross-regional group of States, a group of non-governmental organizations and Amnesty International, submitted in conjunction with Commission resolution 2003/116, which authorized the Commission’s Bureau, together with the regional coordinators, and in full consultation with all regional groups, to consider steps to improve further the organization of work of the Commission.

There is also a note by the secretariat on improvement of the organization of work of the Commission (E/CN.4/2004/110/Rev.1), which contains recommendations on the improvement of the organization of work of the Commission, as proposed by the Expanded Bureau of the fifty-ninth session and revised by the Expanded Bureau of the sixtieth session, including in reference to time management; right of reply; fine-tuning the high-level segment; fine-tuning the interactive dialogues; issues relating to format, length and consideration of resolutions; national institutions; and other issues relating to rules and practices of the Commission.

There is also a note by the secretariat (E/CN.4/2004/115), which draws the Commission’s attention to the policy recommendations adopted by the Economic and Social Council at its 2003 substantive session, which should be taken into account in the work of its subsidiary bodies. Attached to the letter is a list of resolutions and decisions adopted by the Council specifically calling for action by its functional commissions. The President of the Economic and Social Council requested that the policy recommendations be brought to the attention of the Commission and that the necessary action be taken to implement them.


General Debate on Rationalization of Work of Commission

MAHY ABDEL-LATIFF (Egypt) said there were a number of important principles the Commission should take into account when organizing its work. Regarding rationalization, there were various other principles including the need for a clear, unified and coherent vision of the Commission’s mandate; transparency; mutual confidence and respect for all cultures; stressing the universality of the membership of the Commission and no need for conditions for membership; and the need for agreed language in resolutions as this did not create new rights whilst old ones had not yet been implemented. All documents should be provided in all languages, and there should be enough time for dialogue with Special Rapporteurs. There should be coordination between the special procedures and the treaty body mechanisms. The effectiveness of such mechanisms were not against the sovereignty of any State, but such balance would guarantee better covering of human rights. National human rights instruments should be given the opportunity to interact more effectively with the Commission by being given a full day for dialogue with the Commission. The Commission should adopt a resolution to support training mechanisms in human rights.

AMANDA MOLESWORTH, of International Service for Human Rights, said that the Service was convinced that the Commission must be able to discuss and respond to all gross violations of human rights, including country-specific violations. To eliminate the consideration of country-specific cases from the agenda of the Commission would undermine the body’s role in promoting and protecting human rights and would represent a victory of the violators of human rights. The experiences of ordinary people could not be dismissed because of the politicization of the Commission and for the convenience of Member States. Yet it must be acknowledged that hypocrisy and inconsistency had been witnessed in regard of the country-specific debate. Thus, the Service proposed that a closer relationship between the Commission’s agenda and the work of thematic rapporteurs and treaty bodies should be considered. If a country situation was being monitored effectively by a treaty body or thematic Rapporteur, and the country was meeting all reports requirements and cooperating fully with processes, then it should not be subject to debate by the Commission. Countries not being monitored by a thematic Rapporteur or treaty body could then be the principal subjects of Commission consideration.