COMMISSION ON HUMAN RIGHTS APPROVES CHAIRPERSON'S STATEMENTS ON HAITI AND COLOMBIA; RESOLUTIONS ON AFGHANISTAN, SOMALIA, CAMBODIA, AND SIERRA LEONE

Commission on Human Rights
59th session
25 April 2003
Morning




Other Measures Adopted on Promotion and
Protection of Human Rights, Effective Functioning
of Human Rights Mechanisms



The Commission on Human Rights, on the final morning of its 2003 session, adopted Chairperson's statements on situations in Haiti and Colombia and lengthy resolutions on states of affairs in Afghanistan, Somalia, Cambodia, and Sierra Leone. It also approved brief measures on situations in Chad and Liberia.
The Chairperson's statement on Haiti requested the Office of the High Commissioner for Human Rights to expand its activities in Haiti by setting up an office in that country. The resolution on Afghanistan requested the Secretary-General to appoint an independent expert to aid and advise the Transitional Authority of Afghanistan on human rights matters. And, in its resolution on Liberia, the Commission decided to appoint an independent expert for an initial period of three years to facilitate cooperation between the Government of Liberia and the Office of the High Commissioner.
All the measures were tabled under the Commission's agenda item on advisory services and technical cooperation in the field of human rights.
The Chairperson's statement on Haiti, among other things, expressed deep concern at the deteriorating human rights situation in that country. The Commission urged the Haitian Government to continue to step up its efforts to combat impunity for human rights violations, to strengthen the rule of law, to safeguard democratic pluralism, to ensure the independence of the judiciary and to protect political leaders, journalists, trade union activists and human rights defenders. The Commission took note of cooperation in promoting human rights between Haitian authorities and international fora.
The Chairperson's statement on Colombia, among other things, noted the effort of the Government of Colombia to increase human rights training, but remained concerned at continued reports of human rights abuses attributed to the armed and security forces. It urged the Government to further ensure that the members of State forces against whom credible allegations existed were suspended while speedy investigations were undertaken in order to bring those responsible to civilian justice. The Commission also firmly condemned all acts of terrorism and other criminal acts in Colombia; the recruitment of a large number of children by illegal armed groups; all acts of violence and breaches of international humanitarian law by paramilitary groups; the practice of kidnapping; and all threats, attacks and assassinations by paramilitary or other illegal armed groups against persons who carried out peaceful political activities.
In the resolution on Afghanistan, the Commission, among other things, noted with concern reports of violence perpetrated by Afghan elements against certain ethnic groups, internally displaced persons and refugees who had returned, as well as cases of arbitrary arrest and detention and attacks against women and girls; affirmed the primary responsibility of the country's Transitional Authority, supported by the United Nations, to establish an environment of good governance, democracy and the rule of law; and called upon the Transitional Authority to investigate allegations of human rights violations, in particular against ethnic minorities, women and girls.
A Representative of Afghanistan praised the measure and said the continued support of the international community helped to strengthen the resolve of the Afghan people to ensure that human rights and fundamental freedoms were respected.
In a resolution on assistance to Somalia in the field of human rights, adopted without a vote, the Commission, among other things, expressed deep concern at reported cases of rape, arbitrary and summary executions, torture and violence, in particular against women and children, and at the absence of an effective judicial system; condemned ongoing widespread violations and abuses of human rights and humanitarian law; forced or compulsory recruitment of children for use in armed conflict, the use of these children by the militias, and the practice of child labour; called on all States not to interfere in the internal affairs of Somalia; and decided to extend the mandate of the independent expert on the situation of human rights in Somalia for a further year.
In a resolution on the situation of human rights in Cambodia, adopted without a vote, the Commission, among other things, cited progress made in a number of human rights matters; noted with concern continued problems related to the rule of law and the functioning of the judiciary; expressed serious concern about impunity; and expressed grave concern about continued violations of human rights, including torture, excessive pre-trial detention, violation of labour rights, as well as political violence, including killings of political activists, involvement by police and military personnel in violence and an apparent lack of protection from mob killings.
A Representative of Cambodia said the resolution contained prejudicial sentiments that bore no relation to the behaviour or character of the Cambodian people, and added that the Government was actively building on progress already made in improving human rights.
In a resolution on the situation of human rights in Sierra Leone, adopted by consensus, the Commission welcomed progress on a number of fronts, including the ongoing work of the Special Court for Sierra Leone to bring to justice those who bore the greatest responsibility for crimes against humanity, war crimes and other serious violations of international humanitarian law; and the ongoing work of the Truth and Reconciliation Commission; expressed deep concern at the number of girls and women still held against their will; at the continuing reports of trafficking and illegal supply of small arms; and at reports of the use of children in diamond-mining activities; and urged the Government to continue to reintegrate the remainder of ex-combatants and to give priority attention to the special needs of all mutilated victims of the conflict and to the needs of women and children.
A Representative of Sierra Leone said the delegation was grateful for the resolution but felt it was too long, should have focused more on technical assistance, and should have had a different title to more accurately reflect the situation.
In a brief resolution on technical cooperation and advisory services in Chad, adopted without a vote, the Commission requested the High Commissioner for Human Rights, in consultation with the Government of Chad, to elaborate a programme of technical assistance and advisory services in the field of human rights.
And in the brief measure on technical cooperation and advisory services in Liberia, adopted without a vote, the Commission invited the newly appointed independent expert to visit Liberia to assess the situation and to submit an initial report on the matter to the Commission at its sixtieth session.
The Commission also approved this morning a series of measures under its agenda item on the promotion and protection of human rights. These dealt with the protection of human rights and fundamental freedoms while countering terrorism; impunity; human rights and bioethics; the United Nations Decade for Human Rights Education; human rights and the environment; and the prevention of human rights violations caused by the availability and misuse of small arms and light weapons.
Under its agenda item on the effective functioning of human rights mechanisms, the Commission, adopted resolutions on the composition of the staff of the Office of the High Commissioner for Human Rights; on enhancement of the functioning of the Office; on regional cooperation for the promotion and protection of human rights, including in the Asian and Pacific region; and on national institutions for the promotion and protection of human rights.
In addition, the Commission approved three decisions under its agenda item on organization of work. These related to the dates for next year's session, the Commission's methods of work, and the intersessional activities of the Commission's bureau.
The Commission will reconvene at 2:30 p.m. to take action on remaining draft resolutions and decisions and to adopt the report of its fifty-ninth session.

Action on Measures on Promotion and Protection of Human Rights
In a resolution on the protection of human rights and fundamental freedoms while countering terrorism (E/CN.4/2003/L.94), approved by consensus, the Commission affirmed that States must ensure that any measure taken to combat terrorism complied with their obligations under international human rights, refugee and humanitarian law; invited the High Commissioner for Human Rights and the Human Rights Committee to continue the important dialogues they had established with the Counter-Terrorism Committee of the Security Council; requested the High Commissioner to continue to examine the question of protecting human rights while combating terrorism, to continue to make general recommendations on the topic, to continue to provide assistance and advice to States on the topic, and to submit a report on implementation of the present resolution to the Commission at its sixtieth session.
A Representative of Pakistan condemned terrorism in all its forms. Pakistan stressed that terrorism could not be defined exclusively from a legal perspective. The growing body of international rules and measures were failing to address the root causes. A distinction must be drawn between terrorism and legitimate struggles of peoples against foreign occupation and alien domination. The fight against terrorism must be inclusive of the principles of international law relating to self-determination and self-defense. The war against terrorism could not be successfully won on options seeking to potentially justify oppression or prolongation of the occupation of people through State terrorism. While Pakistan remained a partner in the exercise to counter terrorism, it believed that the resolution remained deficient in addressing the issue of terrorism.
A Representative of Algeria said Algeria supported the draft resolution. This resolution was supplementary to the resolution on human rights and terrorism. It was recommended that all who had voted in favour of the latter resolution should support the draft presently before the Commission.
A Representative of the Syrian Arab Republic said the delegation noted with some concern that the text had overlooked the issue of State terrorism. Syria would reserve the right to explain further its position after the vote.
In a resolution on human rights and bioethics, (E/CN.4/2003/L.95) the Commission invited the High Commissioner for Human Rights to participate, within his area of competence, in the discussion on questions relating to human rights and bioethics; urged States to take measures for the protection and confidentiality of personal genetic data concerning persons living or dead; called upon States that had not yet done so to address the issue of discrimination arising from the application of genetics; drew the attention of Governments to the importance of research on the human genome and its applications for the improvement of health, and the need to safeguard the human rights, the dignity, and the identity of the individual; and invited Governments to consider establishing independent, pluralist committees of ethics to assess research relating to the human genome and its applications.
A Representative of Argentina expressed Argentina's gratitude to Germany and France for promoting draft resolution L. 95. However, Argentina stressed that, as regarded operative paragraph 8, it was opposed to any kind of human cloning.
A Representative of the United States said operative paragraph 8 referred to the Sixth Committee Working Group on discussions during the fall, 2003 United Nations General Assembly on the topic of human cloning. It had been agreed that the name of the agenda item must not prejudge the scope of the convention involved. The United States did not interpret that the Sixth Committee's agenda item name limited it in any way to considering only the cloning of human embryos for reproductive purposes.
A Representative of Chile said the delegation would join consensus; however, Chile believed that the scientific benefits from genetic research should not be hampered from reaching all people.
In a resolution (E/CN.4/2003/L.99) on the United Nations Decade for Human Rights Education, the Commission urged all Governments to contribute further to the implementation of the Plan of Action for the Decade; urged them to intensify their efforts in the field of education, including human rights education, in order to promote an understanding and awareness of the causes, consequences and evils of racism, racial discrimination, xenophobia and related intolerance; encouraged the appropriate authorities to provide education, in children's schools, that included lessons in mutual understanding, tolerance, active citizenship, human rights and the promotion of a culture of peace; requested the Office of the High Commissioner for Human Rights to consult with member States and to report to the Commission at its sixtieth session on the establishment of a voluntary fund for human rights education; and requested the Office of the High Commissioner to organize jointly with the United Nations Educational, Scientific and Cultural Organization an intergovernmental workshop to assess the achievements and shortcomings of the current Decade and to discuss strategies for a second decade.
A Representative of India said India believed that human rights education and national capacity building should be the cornerstone of international efforts to promote human rights across the world. Such efforts were much more productive than naming and shaming countries. This said, India could not agree with the new language contained in preambular paragraph 10 of L.99, which sought to circumscribe and limit the role of human rights education to certain situations. The importance of human rights education was over-arching and all-encompassing. It went beyond conflict prevention. Further, preambular paragraph 10 referred to human security. This was a concept which was still very much evolving and it was not yet clear what it meant. However, keeping in mind the value of the resolution as a whole, India would join the consensus on the resolution.
A Representative of Cuba said the country associated itself with the comments made by India. If a vote had been requested on this paragraph, Cuba would have voted against it.
In a resolution on the human rights and the environment as part of sustainable development (E/CN.4/2003/L.100/Rev.1), adopted without a vote, the Commission recalled that environmental damage could have potentially negative effects on human rights; called upon all United Nations bodies and institutions working on environmental protection and sustainable development to take into consideration the extensive reports and resolutions adopted by the Commission on relevant issues; reaffirmed that everyone had the right to participate in peaceful activities against violations of human rights and fundamental freedoms and called upon States to take all necessary and appropriate measures to protect the exercise of everyone's human rights when promoting environmental protection and sustainable development; invited States to consider non-discriminatory measures to provide a safe and healthy environment for individuals who were victims of or subject to racism; and requested the Secretary-General to submit to the Commission at its sixtieth session a report on the consideration being given to the possible relationship between the environment and human rights, including the right to development, as part of sustainable development.
A Representative of Australia questioned whether this issue should be dealt with in the Commission. The environment and sustainable development were being dealt with by the Second Committee of the United Nations General Assembly and by the Commission on Sustainable Development. With regard to operative paragraph 5, Australia noted that environmental policies might fall within the responsibility of the State. Australia accepted this paragraph on the basis that it was consistent with existing domestic policy and legislation. Regarding operative paragraph 6, Australia endorsed all the principles contained within the Rio Declaration. Australia accepted this paragraph on the basis that it did not imply a hierarchy of principles, or that the implementation of one principle was more important than another.
In a resolution on impunity (E/CN.4/2003/L.101), adopted without a vote, the Commission emphasized the importance of combating impunity; the importance of taking all necessary steps to hold accountable perpetrators, including their accomplices, of violations of international human rights and humanitarian law, recognized that amnesties should not be granted to those who committed such violations and urged States to take action in accordance with their obligations under international law; acknowledged the historic significance of the entry into force of the International Criminal Court and called upon all States to consider ratifying or acceding to the Rome Statute of the International Criminal Court; called upon States to continue to support the work of the International Criminal Tribunal for the Former Yugoslavia and the International Tribunal for Rwanda; encouraged States to provide financial and other support to the Special Court for Sierra Leone; urged States to intensify their efforts to provide victims of human rights violations with a fair and equitable process through which these violations could be investigated and made public; recognized that crimes such as genocide, crimes against humanity, war crimes and torture should be prosecuted or extradited by States; stressed the importance of bringing to justice those responsible for gender-related crimes and crimes of sexual violence that constituted in defined circumstances crimes against humanity and/or war crimes and/or serious violations or grave breaches of international humanitarian law; and requested the Secretary-General to commission an independent study within existing resources on best practices to assist States in strengthening their domestic capacities for combating all aspects of impunity.
Earlier, the delegation of the United States requested a separate vote on preambular paragraph 8 and operative paragraphs 3 and 4. The Commission decided to retain the paragraphs in a recorded vote of 38 in favour and 5 against, with 10 abstentions.
The results were as follows:
In favour (38): Argentina, Armenia, Australia, Austria, Belgium, Brazil, Burkina Faso, Canada, Chile, Costa Rica, Croatia, Democratic Republic of the Congo, France, Gabon, Germany, Guatemala, Ireland, Japan, Kenya, Malaysia, Mexico, Pakistan, Paraguay, Peru, Poland, Republic of Korea, Russian Federation, Senegal, Sierra Leone, South Africa, Sweden, Thailand, Uganda, Ukraine, United Kingdom, Uruguay, Venezuela, and Zimbabwe.
Against (5): Bahrain, India, Libyan Arab Jamahiriya, Saudi Arabia, and United States.
Abstentions (10): Algeria, Cameroon, China, Cuba, Sri Lanka, Sudan, Swaziland, Syrian Arab Republic, Togo, and Viet Nam.
A Representative of the United States said the delegation had a number of concerns on many of the operative paragraphs in the draft. Revision of these paragraphs was necessary. The US would request a separate vote on preambular paragraph 8 and on operative paragraphs 3 and 4.
A Representative of the Democratic Republic of the Congo said the country was a co-sponsor but regretted that that had not been referred to, given the situation of impunity in the country, as pointed out by the Secretary-General in his speech to the Commission yesterday.
A Representative of India said the delegation associated itself with the statement made by United States. When the paragraphs were put to a vote India would vote against them.
A Representative of the Libyan Arab Jamahiriya said the country's position was well known on the issue; Libya would request the deletion of preambular paragraph 8 and operative paragraphs 3 and 4 of the draft resolution.
In a measure on the prevention of human rights violations caused by the availability and misuse of small arms and light weapons, adopted without a vote, the Commission endorsed the decision of the Sub-Commission on the Promotion and Protection of Human Rights to appoint Barbara Frey as Special Rapporteur to prepare a study on the topic.

Action on Resolutions on Effective Functioning of Human Rights Mechanisms
In a resolution (E/CN.4/2003/L.82) on regional cooperation for the promotion and protection of human rights in the Asian and Pacific region, adopted without a vote, 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; stressed that developing and strengthening national capacities for human rights in accordance with national conditions provided the strongest foundation for such cooperation in the region; endorsed the conclusions of the eleventh Workshop on the next steps to be taken to facilitate such regional cooperation; encouraged Governments to promote the development of national strategies for human rights education; and recognized the importance of good governance at the national and international levels for ensuring that all human rights were protected.
In a resolution on the composition of the staff of the Office of the High Commissioner for Human Rights (E/CN.4/2003/L.83), adopted by a recorded vote of 32 in favour and 14 against, with 7 abstentions, the Commission regretted that no progress had been achieved in the implementation of the resolutions on this subject; that one region accounted for more than half of the posts of the Office and for more posts than the four remaining regional groups combined; expressed its concern that new recruitment had not been used to correct the imbalance; expressed its concern about the widespread assignment of technical advisers to carry out line functions; considered that it was necessary to take urgent, concrete and immediate action to change the currently prevailing geographical distribution of staff of the Office in favour of a more equitable distribution of posts; requested the Secretary-General to take the necessary measures to ensure that particular attention was paid to recruiting personnel from unrepresented and underrepresented member States; urged donors to make their voluntary contributions unearmarked to enable the High Commissioner flexibility in the allocation of staff and resources; stressed that the staff of the Office needed to maintain their neutrality and fully respect the independence of the work of all mechanisms of the Commission and the treaty bodies; and requested the High Commissioner to submit a comprehensive report on the implementation of the present resolution to the Commission at its sixtieth session.
The results were as follows:
In favour (32): Algeria, Argentina, Armenia, Bahrain, Burkina Faso, Cameroon, China, Cuba, Democratic Republic of the Congo, Gabon, India, Kenya, Libyan Arab Jamahiriya, Malaysia, Pakistan, Paraguay, Russian Federation, Saudi Arabia, Senegal, Sierra Leone, South Africa, Sri Lanka, Sudan, Swaziland, Syrian Arab Republic, Thailand, Togo, Uganda, Uruguay, Venezuela, Viet Nam, and Zimbabwe.
Against (14): Australia, Austria, Belgium, Canada, France, Germany, Ireland, Japan, Poland, Republic of Korea, Sweden, Ukraine, United Kingdom, and United States.
Abstentions (7): Brazil, Chile, Costa Rica, Croatia, Guatemala, Mexico, and Peru.
A Representative of Guatemala said Guatemala shared the view that more efforts were needed to ensure the broadest possible geographical representation at the Secretariat while ensuring competence and integrity. At the same time, Guatemala indicated that it trusted the Office of the High Commissioner for Human Rights and believed that it should not be micromanaged. Guatemala would abstain on the vote on the resolution on the staff of the High Commissioner for Human Rights.
A Representative of Ireland, speaking on behalf of the European Union, said the European Union could not support the draft resolution on the staff of the Office of the High Commissioner, since the General Assembly was the only body with the competence to deal with administrative and budgetary questions. The European Union supported the efforts of the Secretary-General in assuring both gender balance and geographical distribution within the United Nations. The European Union would therefore ask for a vote and would vote against the draft.
A Representative of the Russian Federation said the delegation would support the draft resolution. However, Russia considered that there was a problem of unfair geographical distribution of posts throughout the United Nations system, and that the problem was not new.
In a resolution (E/CN.4/2003/L.88) on regional arrangements for the promotion and protection of human rights, adopted without a vote, the Commission recognized that progress in human rights depended primarily on efforts made at the national and local levels, and that the regional approach should imply intensive cooperation and coordination with all partners involved, while bearing in mind the importance of international cooperation; stressed the importance of the programme of technical cooperation in the field of human rights; invited States in areas in which regional arrangements did not yet exist to consider establishing suitable regional machinery; and requested the Office of the High Commissioner to continue to pay special attention to the most appropriate ways of assisting countries of the various regions, at their request, under the programme of technical cooperation.
In a resolution on national institutions for the promotion and protection of human rights (E/CN.4/2003/L.89), adopted without a vote, the Commission reaffirmed the importance of the development of effective, independent, pluralistic national institutions; reiterated the continued importance of the Paris Principles for such national institutions; encouraged States to establish or, where they already existed, strengthen such institutions; recognized the important and constructive role that such institutions could play in human rights education; and requested the Secretary-General to continue to provide the necessary assistance for the holding of meetings of the International Coordinating Committee of such institutions during the sessions of the Commission.
In a measure (E/CN.4/2003/L.96) on enhancement of the functioning of the Office of the High Commissioner for Human Rights in regard to the operation of the mechanisms of the Commission on Human Rights, adopted by a roll-call vote of 28 in favour to 24 against, with 1 abstention, the Commission decided to request the High Commissioner to ensure more effective coordination to preclude any overlapping and/or duplication among all the mechanisms mandated and/or reporting to the Commission; to ensure that communications received or urgent appeals issued were forwarded to the country concerned with written authorization from the Special Rapporteurs, independent experts or working groups in accordance with the basic criteria and standards of admissibility existing in this connection; and to discontinue the present practice of transmitting ex officio monthly lists of communications and their contents to other organs/bodies of the United Nations system, unless express authorization to this effect had been granted by the Commission and the Economic and Social Council
The vote was as follows:
In favour (28): Algeria, Bahrain, Burkina Faso, Cameroon, China, Cuba, Democratic Republic of the Congo, Gabon, India, Kenya, Libyan Arab Jamahiriya, Malaysia, Pakistan, Russian Federation, Saudi Arabia, Senegal, Sierra Leone, South Africa, Sri Lanka, Sudan, Swaziland, Syrian Arab Republic, Thailand, Togo, Uganda, Venezuela, Viet Nam, and Zimbabwe.
Against (24): Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Costa Rica, Croatia, France, Germany, Guatemala, Ireland, Japan, Mexico, Paraguay, Peru, Poland, Republic of Korea, Sweden, Ukraine, United Kingdom, United States, and Uruguay.
Abstention (1): Armenia.
A Representative of Ireland, speaking on behalf of the European Union's Member States of the Commission and Poland, said the EU was concerned by resolution L. 96 and considered that, if adopted, it would have a negative impact on the effective functioning of the mechanisms of the Commission. The EU also wished to stress that the main way to enhance the functioning of the mechanisms of the Commission was to allocate more budgetary resources to them. Unfortunately, this was one key issue which the present decision failed to address. Accordingly, the EU requested a recorded vote on L.96 and would vote against it.
A Representative of Canada said the delegation associated itself with the concerns expressed by the European Union.
BERTRAND RAMCHARAN, Deputy High Commissioner for Human Rights, said he would like to provide some information on the decision just taken. The High Commissioner had already established a special procedures branch and was therefore ahead of the resolution in some regards. The utmost was also being done to coordinate activities while respecting the independence of each special procedure. The Commission's decision under L.96 would be brought to the attention of the Secretary-General and the Economic and Social Council.

Action on Resolutions on Advisory Services and Technical Cooperation in the Field of Human Rights
In a resolution on the situation of human rights in Afghanistan (E/CN.4/2003/L.78), approved without a vote, the Commission welcomed the ratification by Afghanistan of the Convention on the Elimination of All Forms of Discrimination against Women and acknowledged its accession to the Rome Statute of the International Criminal Court, and urged the Afghan Transitional Authority to consider as a matter of priority acceding to the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and ratifying Conventions No.100 and No.182 of the International Labour Organization; recognized the steps already taken by the Transitional Authority to promote and protect human rights; noted with concern reports of violence perpetrated by Afghan elements against certain ethnic groups, internally displaced persons and refugees who had returned, as well as cases of arbitrary arrest and detention and attacks against women and girls; affirmed the primary responsibility of the Transitional Authority, supported by the United Nations, to establish an environment of good governance, democracy and the rule of law; called upon the Transitional Authority to declare a moratorium on the death penalty in the light of procedural and substantive flaws in the Afghan judicial system; to investigate allegations of human rights violations, in particular against ethnic minorities, women and girls; to facilitate the orderly return and reintegration, in safety and dignity, of Afghan refugees and internally displaced persons; to cooperate effectively with the international community in the fight against drug trafficking; recognized the huge burden shouldered by neighbouring countries, especially Iran and Pakistan, and appreciated the efforts undertaken in those host countries to ease the plight of Afghan refugees; urged the United Nations to provide assistance to the Transitional Authority in the organization and carrying out of a credible, free and fair electoral process for the elections due to take place by June 2004; and requested the Secretary-General to appoint an independent expert for a period of one year to develop, in collaboration with the Transitional Authority, a programme of advisory services to ensure the full respect and protection of human rights and the promotion of the rule of law and to seek and receive information about and report on the human rights situation in Afghanistan in an effort to prevent human rights violations.
A Representative of Afghanistan said Afghanistan wished, upon the adoption of the resolution, to express a few words of gratitude to the sponsors. Certainly every effort had been made to keep the overall thrust of the resolution on the building up of the technical capacity of the present and future generations of the Afghan people in terms of human rights. The continued support of the international community strengthened the resolve of the Afghan people to ensure that human rights and fundamental freedoms were respected. In this connection, the Secretary-General would be asked to commission an independent expert to visit Afghanistan.
In a resolution on assistance to Somalia in the field of human rights, (E/CN.4/2003/L.79) adopted without a vote, the Commission emphasized the necessity of undertaking efforts against international terrorism in accordance with Security Council resolution 1371 (2001) and urged all States and relevant international agencies to provide assistance to Somalia for the implementation of that resolution; expressed the belief that the national reconciliation process would contribute to ending the suffering of the Somali people; expressed deep concern at reported cases of rape, arbitrary and summary executions, torture and violence, in particular against women and children, and at the absence of an effective judicial system; condemned the serious violations of the commitment undertaken by the parties on 27 October 2002 which were still occurring; ongoing widespread violations and abuses of human rights and humanitarian law; forced or compulsory recruitment of children for use in armed conflict, the use of these children by the militias, the practice of child labour, and a juvenile justice system not in accordance with international standards; all acts of violence such as hostage-taking, abduction and murder, including of humanitarian relief workers and of United Nations agency personnel; called upon all parties to stop acts of violence; all States to comply scrupulously with the arms embargo of Somalia established by the Security Council; all States not to interfere in the internal affairs of Somalia; 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; all Parties throughout Somalia to protect and facilitate the work of United Nations personnel, humanitarian relief workers, human rights defenders and representatives of non-governmental organizations and the international media; and decided to extend the mandate of the independent expert on the situation of human rights in Somalia for a further year.
In a resolution (E/CN.4/2003/L.81) on the situation of human rights in Cambodia, adopted without a vote, the Commission requested the Secretary-General, through his Special Representative for human rights in Cambodia, to ensure adequate resources for the continued functioning of the operational presence in Cambodia of the Office of the High Commissioner for Human Rights and to enable the Special Representative to continue to fulfill his task expeditiously; noted with concern continued problems related to the rule of law and the functioning of the judiciary and urged the Government to expedite legal and judicial reform; welcomed drafts of a penal code, a code on criminal procedures, a civil code and a code on civil procedures; urged the Government to enhance the training of judges and lawyers; urged the Government to strengthen its efforts to tackle problems related to land; welcomed progress made by the Government towards removing anti-personnel landmines and reducing the number of small arms in Cambodia; expressed serious concern that the situation of impunity still existed in Cambodia, recognized some actions taken by the Government to prosecute perpetrators and called upon the Government to increase its efforts to investigate urgently and prosecute all those who had perpetrated serious crimes, including violations of human rights; encouraged the Government to work towards free and fair elections in July 2003 and to investigate fully past incidents of intimidation, violence and killings and reports of vote-buying, and to prosecute those responsible; noted with concern the serious prison conditions in Cambodia; expressed grave concern about continued violations of human rights, including torture, excessive pre-trial detention, violation of labour rights and forced evictions, as well as political violence, including killings of political activists, involvement by police and military personnel in violence and the apparent lack of protection from mob killings, and noted that some progress had been made by the Government in addressing these issues; urged the Government to take all steps to prevent racial violence against members of any ethnic group; commended the efforts of the Government to impede the spread of HIV/AIDS; noted with serious concern the problem of child labour in its worst forms; and encouraged the international community to assist the Government of Cambodia in its efforts to implement the present resolution.
A Representative of Cambodia said the resolution contained prejudicial sentiments that bore no relation to the social or customary behaviour or the character of the Cambodian people. The Government was actively building on the progress made to improve the human rights situation and that today the country had one of the most open societies, with a liberal market economy, far greater freedom and a more vibrant democracy than in the recent past. The report presented to the Commission by the Special Representative of the Secretary-General on the human rights situation in Cambodia was repetitive and generalized some single events, making them sound as if they were the wholesale situation in the country and as if such problems happened only in Cambodia.
In a resolution on the situation of human rights in Sierra Leone (E/CN.4/2003/L.85), adopted by consensus, the Commission welcomed the ongoing work of the Special Court for Sierra Leone to bring to justice those who bore the greatest responsibility for crimes against humanity, war crimes and other serious violations of international humanitarian law; the ongoing work of the Truth and Reconciliation Commission; steps taken by the Government to extend its authority throughout the country, but noted with concern that it continued to face serious resource and other constraints; the decision of the Government to extend a standing invitation to the special mechanisms of the Commission; the initiatives being taken by the Government and Sierra Leonean civil society to build the human rights infrastructure in the country; the work done by the National Commission on Disarmament, Demobilization and Reintegration; the human rights training provided to national human rights monitors, police officers and military personnel; the ongoing work of the National Commission for War-Affected Children; expressed deep concern at the continuing financial shortfall of the Multi-Donor Trust Fund for the Disarmament, Demobilization and Reintegration Programme; at the number of girls and women still held against their will; at the continuing reports of trafficking and illegal supply of small arms; at reports of the use of children in diamond-mining activities; urged all relevant parties in Sierra Leone to continue to cooperate with the Special Court and the Truth and Reconciliation Commission; all relevant parties in the region to work towards the establishment of conditions for the safe and voluntary return of displaced and refugee populations; all States in the Mano River sub-region to cooperate with the Special Court and the Truth and Reconciliation Commission; the international community, including relevant United Nations agencies, to make available the necessary resources to the Special Court and the Truth and Reconciliation Commission; urged the Government to continue working to reintegrate the remainder of ex-combatants; to ensure that the necessary conditions were provided for women and girls forced into matrimonial or other relationships during the conflict and that any other girls were immediately released if they so wished; to give priority attention to the special needs of all mutilated victims and of women and children; and decided to request the High Commissioner for Human Rights and the international community to make further relevant technical assistance available to the Special Court and the Truth and Reconciliation Commission.
A Representative of Sierra Leone thanked the Canadian delegation for its initiative and coordinating efforts in drafting the resolution. The co-sponsors also deserved recognition for having moved consideration of the issue from agenda item 9 to item 19. All States, from the north to south, east to west, could work together on human rights issues without accusations but in cooperation. The Sierra Leonean delegation still felt that the resolution was too long, should have focused more on technical assistance, and should have had a different title to more accurately reflect the situation. This resolution was not a Canadian or a Sierra Leonean resolution; it was a resolution of the Commission. The Commission was therefore thanked. Sierra Leone expressed the wish that sometime in the not too distant future, all resolutions of the Commission could be adopted by consensus.
A Representative of the Syrian Arab Republic said the delegation was satisfied that the question of Sierra Leone had been moved from agenda item 9 to agenda item 19, which signalled that progress had been achieved in the field of human rights in that country.
In a resolution on technical cooperation and advisory services in Chad, (E/CN.4/2003/L.97), adopted without a vote, the Commission requested the High Commissioner for Human Rights, in consultation with the Government of Chad, to elaborate a programme of technical assistance and advisory services in the field of human rights.
In a measure on technical cooperation and advisory services in Liberia, (E/CN.4/2003/L.98), adopted without a vote, the Commission decided to appoint an independent expert for an initial period of three years to facilitate cooperation between the Government of Liberia and the Office of the High Commissioner for Human Rights in the area of the promotion and protection of human rights by providing technical assistance and advisory services; and invited the independent expert to visit Liberia to assess the situation and to submit an initial report on the matter to the Commission at its sixtieth session.

Chairperson's Statement on Human Rights Situation in Haiti
In a Chairperson's statement on the human rights situation in Haiti, the Commission expressed its deep concern at the deteriorating human rights situation in that country. The Commission urged the Haitian Government to continue to step up its efforts to combat impunity, to strengthen the rule of law, to safeguard democratic pluralism, to ensure the independence of the judiciary and to protect political leaders, journalists, trade union activists and human rights defenders, in compliance with its international obligations.
The Commission took note of cooperation in promoting human rights between the Haitian authorities and international fora, including regional bodies. The Commission stressed the need for the rapid creation of conditions conducive to the development of international cooperation. It also encouraged the international community, as a matter of priority, to step up its technical cooperation, including in the area of justice, the police and the prison service. The Commission requested the Office of the High Commissioner for Human Rights to expand its activities in Haiti by setting up an office in that country, working together with the Haitian authorities, in line with the recommendations of the Independent Expert and within existing resources.

Chairperson's Statement on the Situation of Human Rights in Colombia
In a Chairperson's statement, the Commission welcomed the extension of the mandate of the office in Colombia of the United Nations High Commissioner for Human Rights granted by the Government of Colombia for a four-year period until 2006. The Commission expressed deep concern at the further deterioration in the situation that followed the collapse in February 2002 of the process of dialogue and negotiation with the Revolutionary Armed Forces of Colombia (FARC) as well as the suspension of the process of dialogue and negotiation between the Government and the National Liberation Army. The Commission strongly believed that a negotiated solution was necessary for an end to the internal conflict in Colombia and a lasting peace in the framework of good governance, democracy, the rule of law and respect for human rights.
While understanding the priority placed by the new Government on increased security and on fighting violence, terrorism and drug trafficking, in order to strengthen state institutions and establish the rule of law, the Commission stressed the responsibility of the Colombian Government with regard to the human rights situation and the observance of international humanitarian law and democratic principles. The Commission noted the effort of the Government of Colombia to increase human rights training, but remained concerned at continued reports of human rights abuses attributed to the armed and security forces. It also urged the Government of Colombia to further ensure that the members of State forces against whom credible allegations existed were suspended while speedy investigations were undertaken in order to bring those responsible to civilian justice. The Commission firmly condemned all acts of terrorism and other criminal acts; the recruitment of a large number of children by illegal armed groups; all acts of violence and breaches of international humanitarian law committed by paramilitary groups; the practice of kidnapping; and all threats, attacks and assassinations by paramilitary or other illegal armed groups of persons who carried out peaceful political activities. The Commission requested the High Commissioner for Human Rights to submit to it at its next session a detailed report containing an analysis by his Office of the situation of human rights in Colombia.

Action on Measures on Organization of Work
The Commission adopted, without a vote, three decisions on the dates of the sixtieth session of the Commission on Human Rights (15 March - 23 April 2004); organization of work of the Commission; and on the intersessional activities of the Commission Bureau.



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