COUNCIL CONCLUDES DEBATE ON UPDATE OF HIGH COMMISSIONER, HOLDS DIALOGUE WITH REPRESENTATIVE FOR CHILDREN AND ARMED CONFLICT

Human Rights Council
MORNING

16 September 2009


Hears Statement by the Federal Minister for Human Rights of Pakistan


The Human Rights Council this morning concluded its general debate on the High Commissioner’s update on the situation of human rights around the world and held an interactive dialogue with the Special Representative of the Secretary-General for children and armed conflict. It also heard an address by the Federal Minister for Human Rights of Pakistan.

Mumtaz Alam Gilani, Federal Minister for Human Rights of Pakistan, said Pakistan was a progressive and forward-looking country whose citizens could thrive in peace, and its Constitution reflected this. Over the decades, the challenge had been to translate the constitutional provisions into an ethos and a popular culture for the protection and promotion of human rights in all spheres of life. Pakistan had a separate Ministry of Human Rights which monitored and addressed human rights violations and trends, with special reference to women, minorities and vulnerable segments of society. In the past year and a half, Pakistan had made an impressive transition to democracy, and today it had a sovereign Parliament, an independent judiciary, a free media, and a vibrant civil society.

In the general debate on the update which High Commissioner for Human Rights Navi Pillay presented yesterday, speakers shared the High Commissioner's concerns on the suffering of civilians during armed conflicts, the repression of human rights defenders and discrimination against minorities. Speakers invited the Office of the High Commissioner for Human Rights to share more details on its strategies in addressing the gravest root causes of chronic and emergency human rights situations. The Council should help reverse such trends and establish a dedicated mandate to exercise early warning of the emergence of human rights violations in any crisis situation. Several speakers drew the attention of the Council to the situation in Ashraf Camp and requested a series of measures from the United Nations and the Iraqi and United States Governments. The Council and the international human rights system were urged to move beyond simple expressions of dismay at violations and to take credible steps to study and address the institutional failings that were at the root of human rights abuse and impunity cycles.

Speaking in the general debate were the following non-governmental organizations: Human Rights Watch, International Federation of Human Rights Leagues, United Nations Watch, International Commission of Jurists, France Libertés: Fondation Danielle Mitterrand, Asian Legal Resource Centre, International Humanist and Ethical Union, Colombian Commission of Jurists, International Human Rights Association, International Lesbian and Gay Association, CIVICUS, North-South XXI, Women’s Human Rights International Association, Amnesty International and Indian Council of South America.

The presentation of the update of the High Commissioner can be found in press release HRC/09/100 of 15 September.

In the interactive dialogue with the Special Representative of the Secretary-General for Children and Armed Conflict, Radhika Coomaraswamy, most speakers agreed that the key for improved protection of children in armed conflict was in ending the impunity for grave violations committed against children. Among principal challenges was the implementation of normative standards for protection of children in armed conflicts. Several speakers raised the issue of the specific vulnerabilities of the girl child and the need for comprehensive protection measures. A specific challenge for the international community was reintegration and rehabilitation of child soldiers, as it required resources to be committed for the long term. In order to improve the situation of children in armed conflict, normative progress made on the international level should be implemented at the local level and a permanent and strengthened commitment by the international community was essential in this regard.

Ms. Coomaraswamy presented her annual report to the Council yesterday and her presentation can be found in press release HRC/09/101 of 15 September.

Speaking in the interactive dialogue with the Special Representative of the Secretary-General were Pakistan on behalf of Organization of the Islamic Conference, Sweden on behalf of European Union, Tunisia on behalf of Arab Group, Sri Lanka, Sudan, Switzerland, Iraq, France, Algeria, United States, Philippines, Egypt, Russian Federation, India, Djibouti, Norway, Democratic Republic of the Congo, United Kingdom, Slovenia, Japan, Italy, Canada, Republic of Korea, Australia, Austria, Iran, Uruguay, the European Commission, China, Nepal, Brazil, Hungary, African Union, Syria, and South Africa.

Also speaking were the following non-governmental organizations: Colombian Commission of Jurists, and International Club for Peace Research, and the International Human Rights Association of American Minorities. The Network of African Human Rights Institutions also took the floor.

The Human Rights Council will resume its work at 3 p.m. this afternoon, when it is scheduled to hear the presentation of reports and hold interactive dialogues with the Special Rapporteur on contemporary forms of slavery, Gulnara Shahinian and the Special Rapporteur on the sale of children, child prostitution and child pornography, Najat M’jid Maalla.


General Debate on Update of High Commissioner for Human Rights

JULIE DE RIVERO, of Human Rights Watch, said Human Rights Watch shared the High Commissioner's concerns on the sufferings of civilians during armed conflict, in particular with regards to the situation in Sri Lanka, where the fundamental rights of more than 260,000 displaced persons, who had been deprived of their liberty and freedom of movement by being confined to detention camps in northern Sri Lanka, continued to be violated. The Council should call on the Sri Lankan Government to promptly restore the right to freedom of movement to the displaced population, and invite the Representative of the Secretary-General on the human rights of internally displaced persons to visit the country. The Council should establish an independent international investigation into violations of international humanitarian law during the fighting between the Government and the Liberation Tigers of Tamil Eelam.

JULIE GROMELLON, of World Organization against Torture, on behalf of International Federation of Human Rights Leagues (FIDH), said that despite the deep emotion and the outrage expressed about the murder of Natalia Estemirova, the repression of human rights defenders continued in the Russian Federation, especially in Chechnya. Other human rights defenders were subjected to acts of intimidation and harassment. In Iran, the post-electoral arrest and repression in June 2009 had particularly targeted defenders of human rights and many remained detained whilst others were subjected to judiciary harassment. Human rights defenders were also under fire in Uzbekistan, the Democratic Republic of the Congo and Syria, among other countries, and the list of human rights defenders who had been assassinated, disappeared, arbitrarily detained, tortured, threatened with death or otherwise had been harassed was becoming longer every day.

CHARLOTTE PETTERSSON, of Women's International League for Peace and Freedom, on behalf of Movement against Racism and for Friendship among Peoples, drew the attention of the Council to the particular situation of the Iranian citizens living in Ashraf camps, who had become the target of severe violations of human and humanitarian rights. The crack down on the residents had resulted in 11 deaths and over 500 wounded. The Mouvement Contre le Racisme et pour L’amitié Entre les Peoples asked the High Commissioner what steps had been taken in that regard and urged her Office to provide a monitoring presence in the camp, in the view of the threats of further violations by the Iraqi Government.

NAZANIN AFSHIN JAM, of UN Watch, said with regards to victims of torture, the High Commissioner was thanked for spotlighting discrimination in Tibet and other parts of China; the violation of women's rights in Sudan; and the shooting of human rights defenders in Russia. In Iran, there had been fraudulent elections, the brutal arrest of thousands, the murder of innocents, and the rape of female and male detainees. The evidence was documented in a new report by Stop Child Executions. There should be an immediate Special Session of the Council to investigate Iran's gross violation of all basic human rights, and to take critical action to protect the victims. President Ahmadinejad did not represent the people of Iran, who wanted freedom, democracy and human rights, and the abuses were getting worse and worse every day.

LUKAS MACHON, of International Commission of Jurists, said that the International Commission of Jurists invited the Office of the High Commissioner for Human Rights to share more details on its strategies in addressing the gravest root causes of chronic and emergency human rights situations. The Council should help reverse such trends and establish a dedicated mandate to exercise early warning of the emergence of human rights violations in any crisis situation, such as in public emergency, armed conflicts, internal instability or generalized situations of violence. This mandate would carry out fact-finding missions and make recommendations to the United Nations in order to prevent and to help stop human rights violations and crimes. The Council should move beyond its call for victims’ access to remedies and urge accountability of perpetrators of human rights violations in counter-terrorism.

ORETTA BANDETTINI DI POGGIO, of France Libertés – Fondation Danielle Mitterrand, on behalf of Movement against Racism and for Friendship among Peoples, deplored that the United States had not assumed their legal responsibility to protect the inhabitants of the Ashraf camp. They further requested the Government of Iraq to protect the refugees, guarantee their fundamental rights and abstain from any action that might endanger their lives or security. France Libertés: Fondation Danielle Mitterrand requested the United Nations to assure the respect of rights as defined by the Fourth Geneva Convention and to establish a permanent delegation in the camp. The United States needed to provide the protection to the delegation to enable them to implement their mission.

MICHAEL ANTONY, of Asian Legal Resource Centre, said in many Asian nations, the main barrier to the protection and enjoyment of human rights stemmed not simply from a lack of means, but from the efforts of States to ensure the inability of national institutions of the rule of law to produce justice and guarantee the primacy of rights. The Council and the international human rights system needed to move beyond simple expressions of dismay at violations and take credible steps to study and address the institutional failings that were at the root of human rights abuse and impunity cycles. Cases such as that of Daw Aung San Suu Kyi were symptoms of the diseases that pervaded the institutions that were supposed to protect rights. The Council and the Office of the High Commissioner for Human Rights should evolve their capacity to address the root causes of these ills. The grave and persisting problem of discrimination based on work and descent was witnessed in South Asia.

ROY W. BROWN, of International Humanist and Ethical Union, said the International Humanist and Ethical Union welcomed the High Commissioner’s emphasis on the discrimination against minorities but regretted that she made no mention of the discrimination based on religion or belief. Such discrimination was widespread, even in many of the Member States of this Council. Was it not time that the Council took far more seriously the issue of discrimination based on religion or belief, the International Humanist and Ethical Union asked, also asking how many times here in this Council it would be necessary to repeat that it were individuals that had human rights, not their religions or beliefs.

ISABELLE HEYER, of Colombian Commission of Jurists, said that the recent massacre of the Awa people had shown that the human rights situation of indigenous people in Colombia was critical. This massacre of the Awa people, the second this year, had shown there was no protection for the Awa, regardless of the fact that their particular situation had been brought to the attention of human rights defenders. In Colombia, there was a systematic stigmatisation of the human rights defenders by the highest level of authorities. Only implementation of the rule of law could lead to lasting peace and the Colombian Commission of Jurists counted on the support of the Office of the High Commissioner for Human Rights to continue monitoring the human rights situation in Colombia.

DAMIEN PERCY, of International Human Rights Association of American Minorities, said there were a number of pertinent issues raised in the High Commissioner's statement that the people of Indian-held Kashmir faced on a daily basis and that they had faced for the past 60 years. The people were unable to cross the ceasefire line and visit family members. They were routinely denied freedom of movement resulting in the violation of a number of their human rights. Freedom of speech was strictly curtailed with local and international journalists, human rights defenders and ordinary civilians facing persecution, beatings and arbitrary arrest and even death for attempting to report the facts on the ground.

JOHN FISHER, of European Region of the International Lesbian and Gay Association, in a joint statement with several NGOs1, said the High Commissioner’s articulation of a broad range of human rights violations in countries and regions around the world had been a sobering reminder that the Council needed to redouble its efforts to address all human rights violations wherever they occurred. The International Lesbian and Gay Association welcomed the focus of the High Commissioner on the need to eliminate the “scourge of discrimination”. This principled position was timely and appropriate. Too many people continued to face criminal sanctions, violence, torture, death, denials of freedom of expression and assembly, and discrimination in enjoying economic, social and cultural rights in all regions of the world, solely because of their sexual orientation or gender identity.
RENATE BLOEM, of CIVICUS - World Alliance for Citizen Participation, said that the confluence of the global crises was an overwhelming challenge to the strategy of civil organizations to address the challenges of the global financial crisis, climate change, war, violence and instability. Inadequate responses meant that the problems were actually growing, the Millennium Development Goals would not be achieved and billions were condemned to death, poverty and fear. CIVICUS strongly reiterated the High Commissioner’s call to Governments to ensure the rapid realisation of all economic, social and cultural rights and the speedy adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. CIVICUS and the International Centre for Not-for-Profit Law had developed an early warning system to monitor, document and respond to early signs of threats to civil society and would introduce this system to the Council with a side event later during the session.

MARGREET WEWERINKE, of North-South XXI, said the world was watching the Council as it underwent a paradigm shift, moving away from the culture of confrontation and mistrust that pervaded its predecessor, the Commission on Human Rights, in its final years. A new and deep commitment to justice, objectivity and non-selectivity were needed to gain respect and confidence of the world. The High Commissioner and her Office had an indispensable role to play in encouraging and materialising this commitment in the Council's work. The problems created by the massive violations of human rights in Iraq deserved the Council's specific attention. Iraq was just one example of the illegal use of force, and the Council could not afford to ignore these violations without compromising its credibility. The Council should make increased efforts to correct this shameful omission of a serious situation of human rights violations that were reliably attested, widespread and continuing.

ELI FARHAM, of Women's Human Rights International Association, said the High Commissioner had rightly expressed concern about another global trend, that of the protection of civilians in situations of armed conflict. The Women’s Human Rights International Association called on the High Commissioner to ask for serious international action regarding the 2009 attack by Iraqi forces on the Ashraf camp which left 10 dead and 500 injured. This was in clear violation of the Fourth Geneva Convention. Following this event, 36 captives were on hunger strike.

PETER SPLINTER, of Amnesty International, said it was important for the Council to start its review process with a serious examination of how well it had done in implementing its mandate from the General Assembly. The Human Rights Council had fallen short in key elements of its mandate and had largely failed to address situations of violations of human rights, including many involving gross and systematic violations. Outside of the Universal Periodic Review, the Council had hardly addressed any other situations in specific countries even though there had been and continued to be gross and systematic violations in many countries. It had responded to some human rights emergencies and ignored others. The Council had some successes from which lessons should be drawn, such as the Universal Periodic Review. The Council needed to start a period of reflection and assessment. It had a sound institutional base from which to work and needed to find ways to generate much greater political will.

RONALD BARNES, of Indian Council of South America, said the right to self-determination was not excluded in the International Covenant on Civil and Political Rights, and this right was inextricably linked to all other rights, and should be considered when addressing the rights of all peoples, including indigenous peoples. Its application should be universal and non-selective. So-called anti-terrorism legislation was often used by States to avoid their obligations associated to the right to self-determination. States continued to suppress the aspirations of peoples through semi-legal means, and this violation of rights would continue unless States were pressured to cease, and the Council ceased to overlook this, as it perpetuated colonialism and oppression of peoples. The phenomenon of denial was perpetrated by treaty bodies who were instructed by States to overlook their own mandates. Human rights defenders were accused of terrorism. This issue should be specifically identified so the denial of the right to self-determination was recognised as a root cause of many violations.

Interactive Dialogue with Special Representative of the Secretary-General on Children and Armed Conflict

ABRAR HUSSAIN HASHMI (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said that the recommendations of the High Commissioner to end impunity for grave violations committed against children, and at the same time undertake appropriate reforms of national legislation for the protection of children in line with international standards and obligations, should be seen as desired stepping stones to achieve the objective of protection of children in all circumstances. The Organization of the Islamic Conference also supported the High Commissioner’s call for added emphasis on the subject by different human rights mechanisms which would serve to highlight the plight of affected children as well as to exert desired international pressure on parties to conflicts to ensure adherence to requisite international standards for the protection o children. The Organization of the Islamic Conference would also like to hear the views of the High Commissioner on some of the delicate issues dealt with in the report, namely the use of children by terrorists for their nefarious activities and the needed calibrated anti-terrorism measures. Her views on how the Council could ensure application, enforcement and compliance of parties to conflict with international norms and standards to protect children’s rights would also be important, and the Organization of the Islamic Conference would like to emphasize the need for accurate description of specific situations in order to avoid inaccurate projection of these.

HANS DAHLGREN (Sweden), speaking on behalf of the European Union, said the main challenge to implement normative standards for protection of children involved in armed conflict was their implementation. Addressing impunity by bringing perpetrators to justice was key in this regard. Despite positive developments noted in the report, grave violations continued to be committed against children by all parties to conflicts and the European Union wanted to know what action the Special Representative of the Secretary-General on children and armed conflict had in mind when requiring more to be done to systemize and activate the full range of options available to the international community. Widespread and systematic sexual violence against children in armed conflict received special emphasis in the report. National strategies to prevent and combat sexual violence were a priority and the European Union inquired to what extent the existing national strategies included specific provisions regarding the protection of the girl child. The Special Representative had identified several emerging challenges in the protection of children in armed conflict. The European Union asked in which of the areas identified the protection gap was most significant and where and how the Human Rights Council could be more active.

ABDELWAHEB JEMAL (Tunisia), speaking on behalf of the Arab Group, said the Arab Group accorded great attention to the situation of children in armed conflicts, while strongly condemning all crimes perpetrated against children, and the crimes that children fell prey to, including abduction. It was important to address this question at the roots, and the Arab Group valued the comprehensive strategy of the Office of the Special Representative, and called for the strengthening of international standards for the protection of children, and for them to be implemented fully for the protection of children. The Arab Group also underlined the importance of paying attention to the situation of children in the occupied Arab Golan, as the rights of children there were violated by acts of murder and torture by Israel, the occupying power, and this constituted violations of all humanitarian norms. The destructive effects of armed conflict on children should not be neglected or ignored, and efforts should be made to reintegrate them into society after the conflict ended.

U.L.M. JAUHAR (Sri Lanka) said Sri Lanka welcomed the statement of the Special Representative of the Secretary-General on children and armed conflict. Sri Lanka had registered that the Special Representative had clearly condemned the Liberation Tigers of Tamil Eelam (LTTE) for breaching international humanitarian law and for exploiting children. As evidence mounted, Sri Lanka hoped that the United Nations held accountable those of its officials who condoned the use of seventeen-year olds by the LTTE, and those who concealed that the LTTE used one to two children per family for its purposes. Sri Lanka was nevertheless grateful to the International Labour Organization which collaborated with the Government of Sri Lanka for the country’s rehabilitation. Whilst the United Nations technical support system was not as good as it used to be, Sri Lanka was the only country which provided education at all levels to children living in welfare camps.

HAMZA OMER HASSAN AHMED (Sudan) took note of the recommendations the Special Representative of the Secretary-General made to the Government of Sudan in her report and would seek to implement them. In paragraph 14 of the report the Special Representative of the Secretary-General mentioned that important legal reforms had been implemented in Sudan to stop crimes against children, such as limiting the age for recruitment. The law also contained clear sanctions for a number of crimes, such as murder, sexual exploitation, rape, torture and others. The Government of Sudan would continue to follow the work of the Special Representative of the Secretary-General with great interest and expected the international community to put pressure on armed groups to stop recruiting children.

DAMARIS CARNAL (Switzerland) said Switzerland welcomed the adoption by the Security Council of resolution 1882, which included rape and all forms of sexual violence, as well as murder and mutilation of children in armed conflicts as criteria for inclusion of the parties to armed conflict in the annexes to the reports of the Secretary-General. This was an important step in the efforts to improve the protection of girls and boys in armed conflict. With regards to the general thrust of the Monitoring and Reporting Mechanism established by the Security Council, Switzerland supported the request by the Special Representative for the recommendations of the Secretary-General and of the Working Group to be taken into account in the reports of the Committee on the Rights of the Child. In order to improve the situation of children in armed conflict, normative progress made on the international level should be implemented at the local level, and a permanent and strengthened commitment by the international community were essential in this regard.

FARIS AL-ANI (Iraq) said Iraq welcomed the report presented by the Special Representative of the Secretary-General on children and armed conflict which focused on a very dangerous subject – use of children in armed conflicts, especially by terrorist groups. The protection of children and providing
an appropriate environment was necessary to ensure a better future, and Iraq aimed to protect children to the best of its ability as they were the seed for a better future. In this spirit, and despite various challenges, Iraq sought to implement all articles of the treaty on the promotion and protection of children’s rights and the Government aimed to establish an organ to foster the protection of the rights of children. The Government of Iraq aimed to ensure that all rights of children were protected, including the right to education and other rights of children in prison.

JEAN-BAPTISTE MATTEI (France) said that much had been done since the publication of the Machel Report in 1996, which had raised the awareness of the international community on the gravity of the problem of child soldiers. In spite of the progress made, the scourge of child soldiers had still not been eradicated and too many grave violations of the rights of child continued in situations of armed conflict. The specific challenge for the international community was reintegration and rehabilitation of child soldiers, as it required resources to be committed for long term. France wanted to know what strategy the Office of the Special Representative of the Secretary-General had and what role it could play in the implementation of the forum on follow-up to commitments held in Paris. France assured the Special Representative of its full support for her work and assured her of its determination to pursue fruitful cooperation with her office and with UNICEF.

SELMA MALIKA HENDEL (Algeria) said Algeria attached great importance to the protection and promotion of the rights of the child. Algeria welcomed the commitments made by certain States parties involved in conflicts to ensure the protection of children, even if it often took place in extremely difficult conditions. Despite these commendable commitments, the report showed that in various regions of the world, children continued to suffer the worst violations of human rights, such as forced recruitment into militias, armed groups and terrorist groups, internal displacement, sexual violations, and being placed in detention centres. There was a need to fight against impunity for the grave violations of children's rights in armed conflicts. There should be a new conference to define terrorism, whilst distinguishing it from the legitimate struggle of peoples under colonial oppression to exercise their right to self-determination. Palestinian children were specifically targeted by Israeli military operations. In the context of terrorist crimes, Algeria stood as a rule of law State, and paid the price of nearly a decade of terrorism which did not spare children, women, or the elderly. Children victims of violence were taken care of medically and psychologically, and their reintegration was aided by the State.

MELANIE KHANNA (United States) said the United States commended the High Commissioner for the progress she had achieved during this year in addressing the situation of children in armed conflict. The United States welcomed the Special Rapporteur’s report and agreed with many of its recommendations as well as the concern regarding the disturbing increases in the number of rapes and other acts of sexual violence committed against children. The United States supported her call to end impunity for violations and abuses committed against children in situations of armed conflicts. Further, the United States strongly urged all parties to follow through on their agreements with the Special Representative and to devote themselves to ensuring that children were protected from violations and abuses in armed conflicts. The Government of the United States commended the Ugandan Government for signing an action plan in 2008 and hoped that other affected countries would take Uganda’s lead by adopting and implementing strategies to combat sexual violence in armed conflict. The United States noted that the Government of Sri Lanka was engaging proactively with UNICEF and encouraged more attention to the plight of child soldiers. It urged governments to implement legislation to address children and armed conflict. In December 2008, the United States Congress passed the 2008 child Soldiers Prevention Act and the Child Soldiers Accountability act.

JESUS ENRIQUE G. GARCIA II (Philippines) said the Government of the Philippines had facilitated the visit of the Special Representative of the Secretary-General in December 2008 and highlighted some policy measures and initiatives the Government had been taking, such as not permitting recruitment of children to armed forces and non-state actors, among others. It was rebel groups in the Philippines which had been observed to recruit or use children in situation of armed conflict. The Government continued to strengthen its capacity to resource, recover and rehabilitate and integrate into society children recruited for armed conflict by non-state actors. It provided a package of social services and interventions designed to protect and rehabilitate children directly affected by armed conflict, particularly in the sectors of education, health, life-skills and so on. By law, children 15 years of age or younger should be exempt from criminal responsibility. The Philippines reiterated its position that engaging non-state actors, including for purposes of securing the protection of children, should be approached in a careful manner and strategies to protect children should be in consonance with the larger peace process that the Government had with non-state actors in the country and in full coordination with the Philippines Government.

RANIA ABDELMEGUEID (Egypt) said the situation of children in the Occupied Palestinian Territories was one of the most serious situations faced by children. Egypt regretted that the report of the Special Representative of the Secretary-General on children and armed conflict had neglected the human tragedy of children in the Occupied Palestinian Territories where children were killed and wounded due to Israeli military operations. The Special Representative had only paid attention to one incident, and it was thus unbalanced, as it misrepresented the truth, ignoring the wide-spread shelling and use of phosphorus missiles. The Special Representative should have provided relevant information on the grave violations of children's rights in the Occupied Palestinian Territories during the Israeli aggression and should have demanded that an end be put to this, as well as an end to impunity. She should objectively cover this aggression and violations in the future report on her visit to the Occupied Palestinian Territories and Israel in February 2009 in order to fill the gap.

ROMAN KASHAEV (Russian Federation) said the Russian Federation commended the work of the Special Representative of the Secretary-General on children and armed conflict and was happy that this mandate had been extended. It also shared the great concern noted in the report of the Special Representative as to continuing serious violations of the rights of the child involved in armed conflict. The Russian Federation called on the Special Representative of the Secretary-General to pay equal attention to all violations of children in armed conflict and to categorically condemn all attacks on civilians, including those on children. In this context, it was unacceptable to attempt to describe civilian victims as collateral damage, and such incidents needed to be investigated. The Russian Federation requested the Special Representative of the Secretary-General to explain in greater detail how parties violating rights were pursued. One year after the ratification of the Optional Protocol of the Convention on the Rights of the Child, the Russian Federation had embarked on the first report on the implementation of this international instrument in Russia, which highlighted the Russian Federation’s willingness to continue a frank dialogue with all interested countries.

SANJEEV KUMAR SINGLA (India) said that the Special Representative of the Secretary-General had highlighted in her report the need to address impunity and bring to justice those responsible for violations of the rights of children in armed conflict. India took note of the commitments made by various groups and governments cited in the report. The Special Representative of the Secretary-General had outlined outstanding and continuing concerns in the report. Many of her recommendations with regard to those concerns were in the domain of action by those States whose capacities might often be strained in their attempts at nation rebuilding or containing internal strife. Violations were often perpetrated by powerful non-state actors. Progress had already been made on one of the recommendations, namely rape and sexual violence against children in armed conflict in the shape of United Nation Security Council resolution 1882 adopted last month. India requested the Special Representative of the Secretary-General to share her thoughts on additional measures that might be useful to induce meaningful action by and against the persistent non-state violators listed in her report.

MOHAMED SIAD DOUALEH (Djibouti) said armed conflict and the degradation of the security situation that it caused created an environment favourable to the violation of all rights of the civilian population as a whole, and affected in particular the most vulnerable categories, namely women and children. While Government efforts should be entirely devoted to creating a safe space allowing the total and successful implementation of the Convention on the Rights of the Child, children found themselves caught in the toils of armed conflict, confronted with the worst brutalities and the denial of their fundamental rights. The activities of the Special Representative, including her visits in the field, gave a greater visibility to the situation of children and armed conflict. The recommendations contained in the report gave a clear view of the actions to take in the context of collective efforts to improve the protection of the rights of the child in times of armed conflict. Children participating in armed conflicts were dangerous children, but they should be viewed as innocent victims submitted to multiple pressures and psychological manipulation which could lead them to commit grave atrocities.

BEATE STIRO (Norway) said Norway thanked the Special Representative of the Secretary-General on children and armed conflict for her independent expert advice on this issue. Norway commended her for lending her voice to the thousands of children throughout the world who would otherwise not be heard. Norway also appreciated the recommendation given by the Special Representative of the Secretary-General to give special attention to girls and women regarding education, and it wished to be given specific advice and follow-up on this. Norway emphasized its strong approval of the adoption of landmark resolution 18/82 by the United Nations General Assembly. This empowered the United Nations to enter into dialogue with armed groups and to bring perpetrators to accountability. Norway looked forward to seeing how this would be implemented in future reports.

SEBASTIEN MUTOMB MUJING (Democratic Republic of the Congo) said that the situation in the Democratic Republic of the Congo mentioned in the report of the Special Representative of the Secretary-General was of particular interest to the Government and would remain so until it was resolved and eradicated. The Government had a zero tolerance policy for impunity in the armed forces and the police. Multiple measures had been taken to avoid that rebel groups that had committed crimes were integrated into the national army. Recruitment of children in armed forces in the Democratic Republic of the Congo had been carried out since 1999 and had surged with the recurrence of armed conflict. Children that either had been or still needed to be demobilised belonged to residual rebel groups from the east of the country. The National Commission on Disarmament, Demobilisation and Reintegration had demobilised over 30,000 children since 2003. The Government had undertaken a number of measures such as promulgation of the law that prohibited mobilisation of children in the armed forces, a zero tolerance policy with regard to use of child soldiers, and a comprehensive plan carried out in cooperation with MONUC and UNICEF to prevent recruitment of children in armed forces, among others.

BOB LAST (United Kingdom) said in too many situations children remained in danger. More action at the national level was vital to address the culture of impunity for violations against children and ensure investigation and prosecution of those responsible. Widespread and systematic rape and other forms of sexual violence against children were increasingly a feature of armed conflict, and the attention of the report to this was positive. It was crucial to ensure accountability and remedy to such cases of crimes against children. The high incidence of rape and sexual violence in a number of countries including Burundi, Chad, the Democratic Republic of the Congo, the Central African Republic, Sudan and others was mentioned, and these States should indicate how they combated this and engaged with the work of the Special Representative. The positive commitment given by countries in the report such as Iraq, Chad, the Central African Republic, Nepal and the Democratic Republic of the Congo was welcomed. The United Kingdom supported the ongoing mandate of the Special Representative.

ANDREJ LOGAR (Slovenia) said Slovenia expressed its firm support to the Special Representative of the Secretary-General on children and armed conflict. Since 2005 the activities in protecting children affected by armed conflict had shifted from mainly creating the normative standards to implementing them. In these four years, the gap between standards and reality had been in some situations narrowed whilst unfortunately expanded in others. In strengthening the fight against impunity at the national level it was important that international and regional actors on the ground found the right formula of cooperation, and Slovenia would like to ask the Special Representative of the Secretary-General on children and armed conflict for her opinion on how this could be achieved. The problem of intentional killing and maiming and sexual violence of children in armed conflict had also become more and more serious. How did the Special Representative of the Secretary-General see the role of the international community to stimulate further action to address this issue, especially on the ground, Slovenia asked, and how could the activities for the protection of children in conflict from sexual violence and abuse be complemented with the implementation of the SCR 1820 and SCR1325.

AKIO ISOMATA (Japan) said there had been no significant decline in grave violations of child rights such as recruitment of child soldiers, sexual violence against children or their murder. The international community must take a firm stand against impunity for perpetrators and accelerate the implementation of measures to remove children from these situations. Japan welcomed legislative reforms undertaken at the national level in countries affected by conflict to respond to the issue of impunity. It was essential that a strong political message continued to be sent to those who had committed offences against children. Japan supported the idea of “Rights and Guarantees” which should be accorded to every internally displaced child affected by armed conflict as outlined in the report. The Government was actively supporting the United Nations Trust Fund for Human Security. The question now was how best to combine the various tools in place related to the agenda on children and armed conflict, for a well-organized response.

ROBERTO VELLANO (Italy) said in the past decades children had been increasingly involved in armed conflicts all over the world, as porters, sex slaves, and also as soldiers. The fight to stop their plight was one of the priorities of the international community's policy in the protection and promotion of human rights. Three lines of action were crucial: prevention (also through the fight against the illicit trade in small arms and light weapons); recovery of the victims; and their reintegration in the social context. Specific provisions on the protection of children should be included in the mandates of United Nations peacekeeping missions. Italy fully supported the commendable activities of the Special Representative, and wished to fully subscribe to her reminder on the prohibition of the death penalty for any offences committed by children under the age of 18. The report also referred to the fact that there was an emerging consensus that children below the age of eighteen should not be prosecuted for war crimes and crimes against humanity by the international courts, and the Special Representative should elaborate more on this issue.

JEFFREY HEATON (Canada) said the adoption of resolution 1882 had brought incremental improvement to the children and armed conflict agenda and Canada was happy to have contributed to bringing them forward. It was especially pleased that incidents of rape and sexual violence against children in situations of conflict would now trigger action by the Monitoring and Reporting Mechanism and in turn inform the Security Council and its Working Group on Children and Armed Conflict. Canada was confident that concrete results on children and armed conflict as a result of resolution 1612 would continue with the adoption of resolution 1882. Specifically, given the on-the-ground reduction of child soldiers as a result of the diligent monitoring and reporting of persistent perpetrators, Canada believed that a similar exercise for perpetrators of rape and sexual violence would result in a significant reduction of these incidents. Canada was also pleased to see the element of accountability brought into the agenda of the Security Council Working Group. Sanctions should be imposed more systematically in order for persistent perpetrators to be held accountable for violations. With the adoption of resolution 1882, the international community needed to continue the momentum and keep the children and armed conflict agenda moving forward. Areas where the international community could focus on were: taking stronger measures to bring persistent perpetrators to account; strengthening the monitoring and reporting mechanism with the addition of rape and sexual violence and killing and maiming of children to the agenda; and adding to the agenda the remaining three categories of violations as outlined in resolution 1612.

CHUN HYE RAN (Republic of Korea) welcomed recent improvements in addressing impunity for crimes against children. It was regrettable many perpetrators were still unpunished. The Republic of Korea remained alarmed by the fact that many children often become the primary target of armed actors and were shocked to learn they have been abused even by people who were there to protect them. The Government had co-sponsored the resolution 1882 of the United Nations Security Council, believing it could serve, together with Paris Principles and Commitments, as an effective deterrent to grave violations against children in situations of armed conflict. The Republic of Korea was concerned about a wide gap between the normative infrastructure and the stern reality regarding children in situations of armed conflict. It was crucial that member states, particularly those in conflict, took necessary actions to narrow the gap in their territories.

ANGELA ROBINSON (Australia) said Australia welcomed the reports of progress included in the report of the Special Representative of the Secretary-General on children and armed conflict, and acknowledged her efforts in undertaking field visits in support of the protection of children, which had yielded results. Nevertheless, elements of the report were deeply disturbing, particularly information regarding the use of sexual violence against children. The Special Representative emphasised the importance of monitoring and timely follow-up on commitments of parties to conflict in order to secure concrete results, and she asked how the Council and the international community could assist in this role. The Special Representative also underlined the need to address concerns around a number of issues relating to children displaced as a result of conflict, including the care and protection of children with disabilities - she should suggest what measures could be taken to protect this particularly vulnerable group.

PETER GUSCHELBAUER (Austria) said that over the last decade, the international protection system for children affected by armed conflict had evolved like no other thematic area on the agenda of the United Nations. Security Council resolutions 1583 and 1612 were milestones in creating an international protection system for children. It had been encouraging to learn that the Monitoring and Reporting Mechanism on grave violations against children had been established in all situations mentioned in the Secretary-General report’s annexes and that the work at the country level had led to a number of action plans and the release of a number of children. Austria would be interested to hear the views of the Special Representative of the Secretary-General on children and armed conflict on possible ways of cooperation between this mechanism and the United Nations human rights mechanism, in particular the Human Rights Council and relevant Special Procedures. How had the Special Representative of the Secretary-General cooperated with the Office of the High Commissioner for Human Rights, and what was the relevance of the newly established focal point for children and armed conflict within the Office of the High Commissioner for Human Rights, Austria asked.

ASADOLLAH ESHRAGH JAHROMI (Iran) said Iran supported various initiatives to promote the protection of children armed conflict. It was indispensable to make those initiatives integral parts of peacekeeping and peacebuilding missions. All States must raise awareness about children in armed conflict both during and in post-conflict contexts, with particular attention given to the rights of the girl child. Iran drew the attention of the Council to the situation of children in the Occupied Palestinian Territory and the occupied Syrian Golan. Children’s well-being was best assured in their families and communities.

PAULINE DAVIES (Uruguay) said Uruguay supported the progress achieved in coordination between the Office of the Special Representative of the Secretary-General on children and armed conflict and the Office of the High Commissioner for Human Rights. Uruguay attached a great deal of importance to the work done, and saw with concern the grave violations of the rights of the child, and the impunity that persisted, despite extensive international legislation on the matter. Resolution 1882 was a great advance for the protection of children in situations of armed conflict. Within the framework of its participation in peacekeeping operations of the United Nations and its commitment to the rights of the child, Uruguay supported the inclusion of advisors on the rights of the child in the missions. Uruguay wished to mention recommendations contained in the report, saying that children should be dealt with as victims and in accordance with international norms on juvenile justice, including their psychological, social and physical rehabilitation.

JOELLE HIVONNET, (European Commission) said the European Commission remained deeply concerned about the situation of children affected by armed conflicts and agreed that children continued to bear the overwhelming burden of instability and armed conflict, as well as the related collapse of State institutions. The European Commission attached great importance to the coordination between the work promoted by the Office of the High Commissioner for Human Rights and the European Commission’s activities in this area, which aimed at implementing the European Union’s guidelines on children and armed conflict. How could coordination among its initiatives be enhanced, specifically for the prevention of rape and other sexual violence against children in situations of armed conflict, the European Commission asked. The European Commission would also be grateful if the Special Representative of the Secretary-General on children and armed conflict could elaborate on the role of international assistance and cooperation on the protection of children and internally displaced as a result of armed conflict.

YAO SHAOJUN (China) said that protecting children during and after armed conflict was a task that required the work of many organizations and bodies. United Nations organizations and agencies must take necessary and concerted action and work together to that end. China was concerned with long-term effects of armed conflict on children. Long-term measures must be taken to help children return to their regular lives. In promoting post-conflict rehabilitation, China agreed with the Special Representative of the Secretary-General that the international community must give priority to children returning to their families, schools and communities and to provide necessary resources.

BHARAT RAJ PAUDYAL (Nepal) said the report contained comprehensive strategies for protecting the rights of the child, particularly in situations of armed conflict. Nepal attached great importance to the protection and promotion of the rights of the child, and during the armed conflict, the Government had taken extra measures and care of these rights and those of other vulnerable groups. The laws of the country forbade the recruitment of child soldiers and their use in the conflict. The rehabilitation and reintegration of children affected by the conflict was provided for. It was in this context that Nepal had welcomed the Special Representative in December last year, and appreciated her constructive approach, having benefited greatly from her expertise. The Special Committee formed under the CPA had begun the discharge of combatants, and this was an important priority of the Government.

MURILO VIEIRA KOMNISKI (Brazil) said the report of the Special Representative of the Secretary-General on children and armed conflict affirmed that grave violations of the right of children in armed conflict posed a great challenge in the international order. The segments that were most exposed to vulnerability, namely women, children and elders, were often most targeted. Brazil also noted alarming issues such as rape, sexual violence, the impact of terrorism and counter-terrorism, as well as attacks on schools. It attached great importance to the issue of protection of children in conflict which reflected its signing of the Optional Protocol to the Convention on the Rights of the Child, among others. Human rights obligations of States did not stop during armed conflicts and Brazil perceived progress in the establishment of monitoring and reporting in these issues. An aspect that deserved close attention was that children living in camps had been recruited to engage in armed conflict. Although this action, conducted by whomever, needed to be condemned, there was a responsibility of the State to protect its citizens from this. In this issue, Brazil emphasized the relevance of the Universal Periodic Review in supporting and strengthening the activities of the Special Representative of the Secretary-General. Besides being a grave human rights violation, violence against children in armed conflict was also an obstacle for future reconciliation, and human rights perspectives needed to be guaranteed in all cases and every situation.

ZOLTAN BANYASZ (Hungary) shared the concerns of the Special Representative of the Secretary-General regarding the alarming issue of systematic sexual violence used as a tactic of war to deliberately target civilians, including children and women. Such assaults significantly aggravated situations of armed conflicts and post-conflict situations, while their lasting negative impact might seriously impede the restoration process. No efforts should be spared to take effective steps to put an end to such violence. Hungary asked the Special Representative of the Secretary-General on children and armed conflict about the actions she planned to increase the effectiveness of the efforts on the international community to halt such violations.

KHADIJA RACHIDA MASRI (African Union) said the recommendations in the report of the Special Representative of the Secretary-General on children and armed conflict were very useful, in particular with regards to internally displaced persons and the obligation to report violations of children's rights. The protection of children in armed conflict was a major concern for the Commission of the African Union. The African Union had since its creation multiplied its efforts and programmes to deal with the issue of children and armed conflict from all its aspects, and aimed to protect children from all forms of abuse and negligence, in particular those affected by armed conflicts and those who were sexually exploited. The Plan of Action of 2001 should be implemented to create an Africa that was suitable for children. The Heads of the Union should adopt a convention which reasserted the obligation to protect children in the context of armed conflicts, including among those who were other than State forces. In situations of armed conflict, children risked greatly having their rights violated, and consciousness-raising and training should be undertaken on a massive scale to avoid this to the greatest possible extent. There should be mobilisation of the international community as a whole to prevent violations of children's rights.

ABDULMONEM ANNAN. (Syria) said Syria welcomed the report of the Special Representative of the Secretary-General on children and armed conflict. However, the report failed to address the violations of the rights of children that had been taking place in the Occupied Palestinian Territories and the Syrian Golan, particularly the military intervention earlier this year in the Occupied Palestinian Territories, during which many civilians had been killed. The report also failed to discuss the measures that could be taken to assist internally displaced children, as well as the juridical responsibility resulting from the blind bombardment of schools. The report of the Special Representative of the Secretary-General on children and armed conflict also discussed protection and prevention systems on children in conflict, but this was confined to some aspects which were events resulting from armed conflict. Further, as the Special Representative of the Secretary-General on children and armed conflict referred to the death of civilians as ‘collateral damage’, she failed to sufficiently refer to the responsibility of States to protect civilians.

KGOMOTSO DAPHNE RAHLAGA (South Africa) said that important precedents had been set to end impunity for crimes against children. Several individuals who had committed grave violations against children in situations of armed conflict had been brought to justice by national, international and special courts and tribunals. The Universal Periodic Review still remained an effective tool to deal with situations of violations of human rights of children in all their aspects. Long-term needs of children affected by armed conflict must not be forgotten and more attention should be paid to the reintegration and rehabilitation of children associated with armed forces and groups, with particular attention being paid to the specific needs of the girl child. South Africa asked for more information about care and protection of children with disabilities in situations of armed conflict.

MAHYOUB EL HAIBA, of Network of African Human Rights Institutions, said the Network of African Human Rights Institutions welcomed the progress that had been made in mainstreaming child right issues relating to armed conflict into the work of the Office of the High Commissioner for Human Rights in various parts of the world as well as into the work of human rights mechanisms, including the Universal Periodic Review of the Council. In relation to the tasks that had been clearly marked out by the Special Representative of the Secretary-General on children and armed conflict, the Network would liaise with its member institutions with a view to building their capacities in and understanding of the principles and guidelines on children associated with armed forces or armed groups. The Network was pleased to report that in some countries where it had memberships some of the rights of children who had been displaced by armed groups had being accorded. It was also pleased to inform the Human Rights Council that it was planning to closely collaborate with the African Commission on Human and People’s Rights, the African Court on Human and People’s Rights as well as the African Committee of Experts on the Rights and Welfare of the Child so as to build the capacities of African national human rights institutions that used the African human rights mechanisms in the promotion and protection of the rights of the child.

ISABELLE HEYER, of Colombian Commission of Jurists, said that many boys and girls in Colombia continued to be victims of violations of human rights. The Colombian Commission of Jurists stressed the need to stop impunity and bring to justice those who committed genocide and crimes against humanity against children in armed conflicts. Internally displaced children were of particular concern. In addition to having had their rights violated, those children were also the most vulnerable among the children in Colombia. The Colombian Commission of Jurists called on all parties to the conflict in Colombia to respect life and integrity of boys and girls and free any of those who were still held.

STEPHAN CICOL, of International Club for Peace Research, said the violence perpetrated by arms groups raped the lives of young boys and girls. Groups such as the Liberation Tigers of Tamil Eelam and the militias in Africa engaged in the forcible recruitment of children, but also groups such as Al Qaeda took children from their parents and enrolled them forcibly in their groups, sometimes grooming them to be suicide bombers. Pakistan should ask itself why it allowed the creation of an environment where such groups could flourish. Successive military and civilian Governments in Pakistan allowed the creation of an ethos that allowed this, and the West was not entirely blameless in this regard.

SYED FAM NAQSHBANDI, of International Human Rights Association of American Minorities, said that children were among those who were most affected in areas of conflict. They were disadvantaged in several regards as they were mentally and physically defenceless. In Indian Kashmir, many children were living as orphans as their parents had been taken prisoners or had been killed. The International Human Rights Association of American Minorities urged the Human Rights Council to take account of the severe situation of children in armed conflict.


Statement by the Federal Minister for Human Rights of Pakistan

MUMTAZ ALAM GILANI, Federal Minister for Human Rights of Pakistan, said Pakistan attached highest importance to the work of the Council, and had remained actively and constructively involved in its work. Pakistan was a progressive and forward-looking country whose citizens could thrive in peace, and its Constitution reflected this, as it was based on equal rights for all, without distinction, including social, economic and political justice, freedom of thought, expression, worship and association, and independence of the judiciary. Over the decades, the challenge had been to translate these constitutional provisions into an ethos and a popular culture for the protection and promotion of human rights in all spheres of life. Some impressive strides had been made, but progress remained to be achieved, in concert with the human rights machinery.

Pakistan was a signatory to several human rights instruments, and joining these international human rights instruments reflected the priorities of the democratic Government of Pakistan to ensure the protection and promotion of human rights. Pakistan had a separate Ministry of Human Rights which monitored and addressed human rights violations and trends, with special reference to women, minorities and vulnerable segments of society. Elaborate groundwork had been done for the establishment of an independent Human Rights Commission, and the matter was presently before the Parliament. Highest importance was attached to human rights education. The core human rights education curriculum was being incorporated in different relevant subjects in schools.

In the past year and a half, Pakistan had made an impressive transition to democracy, and today it had a sovereign Parliament, an independent judiciary, a free media, and a vibrant civil society. Democracy should lead to prioritising the interests of all groups, and the Government had developed a coherent vision of a welfare state for Pakistan. An end had been put to the murderous killings carried out under the pretext of "honour killings" through the 2004 Criminal Law Act. Pakistan had one of the freest and most vibrant media in South Asia and indeed in the world, acting not only as a watchdog on Government policies but also to raise awareness in the masses about their human rights. Today the world and in particular South Asia were faced with the spectre of terrorism and extremism. Pakistan was determined to eliminate these evils from its soil, as they were alien to its ethos, and the entire nation was united in its determination to do this. Pakistan was committed to strengthening its democracy, improving its governance, and enhancing its institutional capacities.
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1Joint statement on behalf of: European Region of the International Lesbian and Gay Association; Canadian HIV/Aids Legal Network; Swedish Federation of Lesbian, Gay, Bisexual and Transgender Rights; Lesbian and Gay Federation in Germany; International Commission of Jurists; Danish National Organisation for Gay Men and Lesbians; and Center for Women's Global Leadership.

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For use of the information media; not an official record