HUMAN RIGHTS COUNCIL DISCUSSES
REPORTS ON CHILDREN AND ARMED CONFLICT
AND ON LIBERIA
29 September 2006
Human Rights Council HR/HRC/06/53/Rev.1
MORNING 29 September 2006
The Human Rights Council this morning discussed the reports of the Special Representative of the Secretary-General for children and armed conflict, and of the Independent Expert on technical cooperation and advisory services in Liberia.
Radhika Coomaraswamy, Special Representative of the Secretary-General for children and armed conflict, said the Human Rights Council should continue to incorporate specific children in armed conflict when considering country-specific and thematic human rights concerns into its discussions and resolutions. This had been a terrible year for children in armed conflict: in the past, all combatants would create the humanitarian space for the protection of children, but today there was an uphill battle to ensure that these principles remained entrenched. The Council should consider it a primary duty to ensure the protection of civilians during armed conflict, and the vindication of human rights.
Charlotte Abaka, Independent Expert on technical cooperation and advisory services in Liberia, said that the Truth and Reconciliation Commission in Liberia was inaugurated on 20 February 2006. Initial progress was somehow slow. Commissioners had difficulties locating suitable premises, and were delayed in the hiring of staff for the secretariat. The hiring of staff was currently underway and premises had been secured. The people of Liberia deserved commendation for the peaceful elections under very difficult conditions, in terms of logistics and the infrastructure. The result of the presidential election in Liberia had broken the myth of Africa having the first ever democratically elected female President.
Speaking as a concerned country was the representative of Liberia.
Speaking in the interactive debate were the representatives of Finland, Sri Lanka, Switzerland, Canada, Azerbaijan, Australia, Russian Federation, Sudan, Argentina, Algeria, Peru, Ghana, United Kingdom and United States. Also speaking were the following non-governmental organizations: World Young Women's Christian Association in a joint statement with World Alliance of Young Men's Christian Association and United Nations Watch, International Educational Development and North-South XXI.
Sri Lanka exercised its right of reply.
The next meeting of the Council will be at 3 p.m. this afternoon when the Council is scheduled to consider the report of the Special Rapporteur on the situation of human rights in Palestinian Territories Occupied since 1967, and a letter from the members of the Commission of Inquiry on Lebanon addressed to the President of the Human Rights Council.
Report of Special Representative of the Secretary-General for Children and Armed Conflict
The Council has before it the report of the Special Representative of the Secretary-General for children and armed conflict (E/CN.4/2006/66) which provides an update of ongoing efforts to highlight grave violations against children in armed conflict in order to bring pressure to bear on parties to conflict who violate the rights of children. The report highlights elements of ongoing cooperation with the key components of the United Nations human rights system, while highlighting issues for further cooperation in light of reform efforts under way. The report concludes that reform efforts create a strong momentum for the incorporation of the issue of children affected by armed conflict into the policies, strategic plans and programmes of the key United Nations human rights entities. The Special Representative takes the opportunity to call for the renewal of the commitment by the key United Nations entities to ensure, within their respective roles, that the era of application of international norms and standards for the protection of the rights of war-affected children becomes a reality.
Presentation of Report by Special Representative of the Secretary-General for Children and Armed Conflict
RADHIKA COOMARASWAMY, Special Representative of the Secretary-General for Children and Armed Conflict, said fifty-seven years after the creation of the Human Rights Commission, the United Nations had, in the creation of the Human Rights Council, placed human rights on an equal footing with security and economic development, making human rights an equal pillar in the work of the Organization. The effective protection of children affected by war should be based on a rights-based approach to child protection which recognised the responsibility of all actors to address violations of those most fundamental rights of children. Core to the advocacy of the Special Rapporteur’s mandate was to seek to identify perpetrators of grave abuses, and bring them to task by all means at its disposal; key among these was the Human Rights Council.
Next month the office of the Special Rapporteur would launch its strategic framework for the next two years after in-depth consultation with partners, particularly UNICEF. The Framework set out four main objectives: supporting global initiatives to end grave violations against children affected by armed conflict; promoting rights-based protection for children in armed conflict; making children affected by armed conflict concerns an integral part of peacekeeping and peacebuilding; and raising awareness about children in armed conflict issues before, during, and after conflict situations. In pursuing these objectives, the strategies would be followed of strict monitoring and reporting of violations, advocating with partners and the general public, mainstreaming the issue in all international efforts, and in facilitating research and study in key areas such as international criminal law and the child, the girl child, the needs and concerns of former boy soldiers, and transitional justice.
Though the mandate had made impressive headway in the provision of timely monitoring and reporting for the Security Council, more had to be done to engage human rights bodies and actors on the ground, and in Geneva. The Human Rights Council should continue to incorporate specific children in armed conflict when considering country-specific and thematic human rights concerns into its discussions and resolutions. This had been a terrible year for children in armed conflict: in the past, all combatants would create the humanitarian space for the protection of children, but today there was an uphill battle to ensure that these principles remained entrenched. The Council should consider it a primary duty to ensure the protection of civilians during armed conflict, and the vindication of human rights. Impunity should be cast aside, and the independent moral voice of a global community united by the Universal Declaration on Human Rights should reassert itself. Without that reiteration, commitment, and conviction, all else that was attempted was bound to fail.
Interactive Dialogue on Children and Armed Conflict
KIRSTI POHJANKUKKA (Finland), speaking on behalf of the European Union, said the European Union was strongly committed to addressing the situation of children in armed conflict and was actively implementing the EU Guidelines on Children in Armed Conflicts adopted in 2004. The work of the Special Representative contributed to the efforts of the international community to ensure the protection of human rights of the vulnerable part of society that were children in the context of armed conflicts. What were the most urgent human rights concerns that had been revealed and needed to be addressed in the pilot countries of the monitoring and reporting mechanism? What measures could the Council undertake to promote and protect the human rights of children in conflict?
HIRANTHI WIJEMANNE (Sri Lanka) welcomed the report of the Special Representative of the Secretary-General for children and armed conflict, which brought to the attention of the Council current efforts to deal with an issue of importance to many Member States. The Government regretted that despite efforts to engage the LTTE through the Action Plan for Children affected by the armed conflict agreed as far back as 2003, it had not yielded positive results. This Action Plan had to be reviewed and redeveloped to address all fundamental issues, in addition to dealing with the cessation of recruitment and use of children as soldiers.
JEAN DANIEL VIGNY (Switzerland) welcomed the Special Representative’s last reports on the situation in the Democratic Republic of the Congo and the Sudan, and welcomed the recommendations presented by the Security Council Working Group on the Democratic Republic of Congo. After the report on the situation in the Democratic Republic of Congo and the Sudan and Uganda, what were the next countries the Special Rapporteur intended to visit; was the Special Rapporteur in a position to define or determine best practices for non-State actors in her work; and in countries such as the Democratic Republic of Congo and the Sudan, demobilisation and reintegration programmes gave rise to the question as to whether they were including the necessary medical and emotional assistance that children, in particular girls, needed?
SARAH FILOTAS (Canada) applauded the initiative of the Special Representative’s visit to Uganda last June and looked forward to hearing how implementation of monitoring and reporting efforts and of the action plan were progressing. Children became more vulnerable to HIV/AIDS during armed conflict. Should consideration of HIV/AIDS be integrated into reporting on children and armed conflict?
SEYMUR MARDALIYEV (Azerbaijan) welcomed the report of Special Representative of the Secretary-General for children and armed conflict. The monitoring of the situation of children caught in armed conflicts should be of a preventive nature and should be done before the Security Council was seized of the matter, as the Security Council was a measure of last resort. Azerbaijan asked the Independent Eexpert if she was planning to extend her studies to other regions of the world, in addition to Asia and Africa.
HELEN HORSINGTON (Australia) said Australia had been active in ratifying international instruments that sought to enshrine the protection of children, and sought to address the violations of children’s rights that took place during conflict. Australia had recently ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. The Special Rapporteur’s report and recommendations were welcomed, as they aimed at incorporating issues linked to children in armed conflict in the United Nations' core policies and projects.
GALINA KHVAN (Russian Federation) said the report was an additional contribution to protect the rights of children and asked how the Special Representative designed six categories in her report and the criteria used to establish those categories.
HAMATO MUKHTAR MUSA (Sudan) categorically rejected the accusations present in the report with reference to the use of children in the military conflict in Sudan. Sudan’s law prohibited the use of children in hostilities, and recruitment of children in the armed forces. Sudan did not use children in military hostilities. There had been violations of the rights of children carried out by other parties.
SERGIO CERDA (Argentina) said the Special Rapporteur was thanked for her report and presentation. Argentina had ratified the Optional Protocol on the involvement of children in armed conflict, and agreed with the Special Rapporteur that it was important to ensure coordination with the other holders of mandates and with the Committee on the Rights of the Child. With respect to victims, violence against women could not be separated from this issue. The Special Rapporteur should examine issues linked not only to children in armed conflict, but also to the plight of women in such circumstances. Key to this was identifying those responsible for the recruitment of children. Due to the helplessness of the victims, it was most important to fight against impunity.
YURIKO FUKUSHIMA, of World Young Women's Christian Association in a joint statement with World Alliance of Young Men's Christian Association and United Nations Watch, said in every continent, wherever there was conflict, children were disproportionately affected: killed, maimed, recruited as soldiers, orphaned, displaced and injured. Sexual violence during armed conflict also accelerated the spread of HIV/AIDS. The Council should take comprehensive and long-term action to ensure the rights, protection and well being of the girl child before, during and after armed conflicts.
KAREN PARKER, of International Educational Development, said that the Special Representative of the Secretary-General for children and armed conflict faced a difficult task in pursuing her mandate. International Educational Development recognized that the problem of child soldiers had been a major concern in certain African conflicts due to the extremely young age of many of them in proportion to adult soldiers. However, International Educational Development was also concerned that undue attention, usually for geopolitical interests, was paid to so-called child soldiers in other conflicts to the detriment of the full attention to the overall situation of children in these conflicts. Nowhere was this more evident than in the armed conflict in Sri Lanka.
BASSAN KANTOR, of North-South XXI, said there was great concern as to the description that was given to the war that was lately waged on Lebanon, as children were said to have been used as human shields. There was information refuting this in the reports of the Special Rapporteurs who had gone to Lebanon on fact-finding missions. There was evidence from many NGOs that children were the victims of armed conflict, and had never been used as human shields. There had been deliberate massacres of displaced persons, including women and children, in acts that were crimes against humanity, and reports of 1 million cluster bombs dropped in the last few days of the war. All this testified to the fact that these were used only to harm children, as these remaining bombs killed one to two children every day, and this would only get worse. It was hoped the fact-finding mission would bring these crimes to light.
Concluding Statement by Special Representative of the Secretary-General for Children and Armed Conflict
RADHIKA COOMARASWAMY, Special Representative of the Secretary-General for children and armed conflict, said the Security Council had set up a monitoring mechanism so that her office would obtain accurate information from States and UN partners. The checks and balances of data were carried out by the Secretary-General’s office. In Sri Lanka, she had appointed an officer to visit and gather information from that country. At the moment she had planned to visit Lebanon and she had informed the Government of Sudan of her desire to visit that country. As indicated by the Swiss delegation, focus should be made on demobilization and integration of former children combatants. As to the challenges she faced in her monitoring efforts, she said the main violation of recruitment of children was a problem that needed a mechanism to be designed.
Her office had an international scope in monitoring the rights of children and armed conflict. The six categories of violations were based on international humanitarian law. The security forces of Sudan did not recruit children but the armed groups were involved in recruiting children and dragging them into the conflict. The International Court of Justice had now taken firm measures with regard to the involvement of children in armed conflict.
Right of Reply
SARALA FERNANDO (Sri Lanka), in exercise of a right of reply, said one more time, the International Education Development, a non-governmental organization (NGO), had tried to spread disinformation on the situation in Sri Lanka. Sri Lanka would like to suggest that NGOs that accredited LTTE leaders to the session of the Council should instead try to use their influence to persuade the LTTE to renounce terrorism and violence, which would enable all the children of Sri Lanka to grow without risk and in peace.
Report on Technical Cooperation and Advisory Services in Liberia
The Council has before it a report (E/CN.4/2006/114) entitled report of the Independent Expert on technical cooperation and advisory services in Liberia, which contains information obtained during a mission in Liberia from 25 September to 6 October 2005. It states that since the last visit of the Independent Expert in April 2005, progress has been made in several sectors. Improvements in the security situation have enhanced freedom of movement and facilitated the conduct of national elections and a presidential run off in October and November 2005, respectively.
The Truth and Reconciliation Commission (TRC) Act was passed by Parliament on 12 May 2005 and promulgated on 10 June, following the defeat of a parliamentary motion for reconsideration. The Selection Panel led by the Economic Community of West African States submitted its report to the Chairman of the National Transitional Government of Liberia (NTGL) on 22 September 2005. The completion of this stage of the establishment of the Truth and Reconciliation Commission is a significant achievement and lays the groundwork for an effective Commission capable of implementing its mandate in a very challenging context.
Improvements in the security situation and progress in establishing bodies provided for in the Comprehensive Peace Agreement have been complemented by Government efforts to establish a legal framework for compliance with international norms and standards. In this regard, the Government of Liberia in an unprecedented initiative acceded to over 100 international instruments, including a range of human rights treaties.
As Liberia concludes the last quarter of a tight two-year transitional programme, increased actions have to be taken to establish effective and functional mechanisms to combat corruption. NTGL, the incoming Government of Ellen Johnson Sirleaf and the international community should agree on international assistance to reinvigorate the judicial system. Consideration should be given to urgent interim measures while a comprehensive programme of assistance is worked out. Possible interim measures should include provision of international legal experts while the capacity of local personnel is gradually restored. Priority attention should be given to the establishment of an effective law reform commission and comprehensive revision of the civil and criminal code. Additionally, the implementation of the Governance and Economic Management Assistance Programme agreed upon by NTGL and its international partners on 9 September 2005 should commence without delay. The effective implementation, by the Government of Liberia, of the United Nations Convention against Corruption, to which it recently acceded, is central because of its direct impact on the human rights performance of all sectors of government. It is imperative that the mandate of UNMIL be strengthened to not only monitor and report, but also assist in the implementation of all human rights instruments to which the Government is a party.
Presentation of Report by Independent Expert on Technical Cooperation and Advisory Services in Liberia
CHARLOTTE ABAKA, Independent Expert on technical cooperation and advisory services in Liberia, said that the Truth and Reconciliation Commission was inaugurated on 20 February 2006. Cllr. Jerome Verdier, a prominent human rights lawyer, was appointed Chairperson of the Commission. Initial progress was somehow slow. Commissioners had difficulties locating suitable premises, and were delayed in the hiring of staff for the secretariat. The hiring of staff was currently underway and premises had been secured.
With reference to legal reform and the rule of law, a review of national legislation in conformity with international human rights obligations was under way. The Government’s 150-Day Action Plan provided for the development of a draft plan of action to establish a Law Reform Commission. On the Liberian justice system, some positive developments had taken place. Circuit Courts in all of Liberia’s 16 Circuits opened for the February 2006 Term. However, at least six Circuit Courts were not fully functional due to the absence of key judicial personnel and lack of facilities. On ending impunity of past and present crimes, Nigeria announced on 25 March 2006 that it had agreed to a request by President Johnson-Sirleaf to transfer former President Charles Taylor (1997-2003) to Liberia. Immediately upon arrival in Liberia on 29 March 2006, Taylor was detained by UNMIL and transferred to the Special Court for Sierra Leone, in accordance with Security Council Resolution 1638 (2005).
The new rape law came into force on 17 January 2006. Government officials, Liberian and international NGOs, United Nations agencies and UNMIL collaborated to ensure that the law was in accordance with international human rights standards. The human rights situation in Liberia’s rubber plantations remained poor, in spite of increased attention to the problem. On the human rights of women, no significant changes had taken place.
The people of Liberia deserved commendation for the peaceful elections under very difficult conditions, in terms of logistics and the infrastructure. The result of the presidential election in Liberia had broken the myth of Africa having the first ever democratically elected female President.
Statement by Concerned Country
MCKINLEY THOMAS (Liberia), speaking as a concerned country, said while Liberia acknowledged that there was a lot that needed to be done in specific areas of interventions, it was however worthy to mention that in the face of the daunting post-war reconstruction and recovery challenges, significant progress was being made by the Government to address some of the key issues raised in the report. There was an immediate need for technical assistance in building capacities related to human rights treaty bodies reporting and follow-up. Liberia appealed to the Council to support its request for technical assistance in that direction. The Government acknowledged the serious logistical and financial hurdles encountered by the judicial personnel assigned in the hinterland of the country. The impassable road network in rural areas further compounded the problem.
Despite such bottlenecks, tremendous gains had been made in addressing some of those issues. Regarding the issue of corruption by judicial officials involving rape cases, the report did not make particular reference that would serve to enlighten the Council. The Government had embarked on a vigorous initiative to implement all of the recommendations contained in the National Task on Rubber Plantations report. The Ministry of Labour was seriously investigating allegations of child labour and other inhumane labour practices at various rubber plantations around the country. On the issue of the human rights of women and children, significant improvements had been made both internationally and locally. Liberia had signed a number of international conventions.
Interactive Dialogue on Liberia
IDRISS JAZAÏRY (Algeria), speaking on behalf of the African Group, said the report of the Special Rapporteur displayed high professional standards, and the Special Rapporteur was a shining example of what a mandate-holder’s mission should be about. The African Group was relieved and greatly encouraged to note the positive evolution in Liberia. Indeed, it appeared that hard times were over and durably so, as institutional measures were adopted which were extremely promising in terms of the protection and promotion of human rights.
The African Group called on all United Nations Member States in a position to do so and on relevant and regional institutions, including the Office of the High Commissioner for Human Rights, to provide strong technical and financial support to Liberia in order to assist it in achieving the human rights objectives set out in the Independent Expert’s valuable report.
MIIA RAINNE (Finland), speaking on behalf of the European Union, thanked Charlotte Abaka, Independent Expert on technical cooperation and advisory services in Liberia, for her report and work done to facilitate the cooperation between the Government and the High Commissioner, and technical assistance offered. Finland asked how the Independent Expert saw the role of the Truth and Reconciliation Commission in the coming future and how could she assist this body, which constituted a pillar in the implementation of the Comprehensive Peace Agreement; what progress had been made in relation to improving the Liberian justice system over the last year; and what assessment did she make of the current situation on Liberian prisons. Lastly, the European Union asked the Independent Expert for her assessment of the prevalence of ethnic discrimination in Liberia and of the risk that ethnic tensions posed to the long-term stability of the country.
MANUEL RODRIGUEZ CUADROS (Peru) said Peru viewed that progress was being pursued in Liberia, particularly in the areas of elections, the administration of justice, the fight against impunity and steps taken on the human rights situation of persons working in rubber plantations. Within the context of the fight against impunity, what alternative measures should be implemented to address this last issue?
LORETTA ASIEDU (Ghana) said Ghana supported the statement of the African Group, and Ms. Abaka was thanked for her comprehensive report which noted the progress made on the situation in Liberia. However, Liberia still faced a number of challenges which it could not deal with on its own in its current state, and the international community should assist in creating an environment in which human rights should flourish. The Government of Ghana had always supported Liberia, and would continue to provide assistance, within the limits of its resources.
BOB LAST (United Kingdom), supported the statement made by Finland, and wished to ask Charlotte Abaka, Independent Expert on technical cooperation and advisory services in Liberia, about violence against women. The United Kingdom wanted to know what new measures had been taken at the national level, and which other new measures would she recommend. In addition, the Independent Expert should offer an update on the progress made on the selection of candidates for the Independent National Commission on Human Rights, and what role did she envisage for her mandate in assisting the Commission.
PATRICK SMELLER (United States) said that in her report, the Independent Expert on technical cooperation and advisory services in Liberia had commended positive political developments such as the establishment of the Truth and Reconciliation Commission and the successful presidential and parliamentary elections without overlooking continuing human rights concern in the country. The Expert had recommended engaging judges, magistrates and judicial officers from similar jurisdictions, including ECOWAS countries, to address serious gaps in the administration of justice; what other recommendations did she have for addressing that problem? How did she measure Liberia’s progress on respecting human rights since the report was first issued? Obviously there had been progress, but in what area?
Concluding Remarks by the Independent Expert on Liberia
CHARLOTTE ABAKA, Independent Expert on technical cooperation and advisory services in Liberia, said on her assessment of the Commission, the members of the Commission appeared to be very committed people, with a real will to do a good job, but they needed technical assistance. Her role in assisting them was in making them aware of the need to take into account the human rights perspective of whatever they did, for both victims and perpetrators, both of which groups had undergone tremendous psychological torture. In that regard, the Truth and Reconciliation Commission very badly needed clinical psychologists to handle these cases of mental torture for both victims and perpetrators. The Government of Liberia was seriously constrained financially, and could not engage such psychologists, and this was one area in which the international community could help. Within the Independent Expert’s mandate, she constantly strove to impress the gender perspective of what the Truth and Reconciliation Commission was doing, as this was a crucial area, and in many cases she used the CEDAW Convention as a tool in this regard.
On the conditions in prisons, the United States Government had provided some huge sums to improve these, and that had helped a lot, but was unfortunately not enough. Because of lack of facilities, some suspected criminals were allowed to go free, and a lot more assistance was clearly required. Prisoners also had rights which needed to be respected, but the Government was not in a position to be able to do this. On the question on violence against women, in spite of the new rape law, rape cases were on the rise, but the Independent Expert was not disturbed by this, as it was possible that women were now comfortable in reporting rape cases, and that this explained the rise in numbers. Because of increased awareness due to programmes and training and the new law, people were now more comfortable in reporting cases of rape, and this was in itself a good sign.
The Government of Liberia should be encouraged to hire judges from abroad, as this would speed up the process of justice. Maybe Governments could consider giving scholarships to law students from Liberia so that the country could produce its own lawyers, judges and prosecutors, all of which were badly needed. There was no free legal aid in Liberia, and the infrastructure was very damaged, preventing access to the countryside in this regard. The international community and the United Nations were called upon to not abandon Liberia. This was the best time to continue to support the country so that the peace that had been achieved was sustainable - and this would ensure the sustainability of peace in the whole sub-region.
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For use of the information media; not an official record
MORNING 29 September 2006
The Human Rights Council this morning discussed the reports of the Special Representative of the Secretary-General for children and armed conflict, and of the Independent Expert on technical cooperation and advisory services in Liberia.
Radhika Coomaraswamy, Special Representative of the Secretary-General for children and armed conflict, said the Human Rights Council should continue to incorporate specific children in armed conflict when considering country-specific and thematic human rights concerns into its discussions and resolutions. This had been a terrible year for children in armed conflict: in the past, all combatants would create the humanitarian space for the protection of children, but today there was an uphill battle to ensure that these principles remained entrenched. The Council should consider it a primary duty to ensure the protection of civilians during armed conflict, and the vindication of human rights.
Charlotte Abaka, Independent Expert on technical cooperation and advisory services in Liberia, said that the Truth and Reconciliation Commission in Liberia was inaugurated on 20 February 2006. Initial progress was somehow slow. Commissioners had difficulties locating suitable premises, and were delayed in the hiring of staff for the secretariat. The hiring of staff was currently underway and premises had been secured. The people of Liberia deserved commendation for the peaceful elections under very difficult conditions, in terms of logistics and the infrastructure. The result of the presidential election in Liberia had broken the myth of Africa having the first ever democratically elected female President.
Speaking as a concerned country was the representative of Liberia.
Speaking in the interactive debate were the representatives of Finland, Sri Lanka, Switzerland, Canada, Azerbaijan, Australia, Russian Federation, Sudan, Argentina, Algeria, Peru, Ghana, United Kingdom and United States. Also speaking were the following non-governmental organizations: World Young Women's Christian Association in a joint statement with World Alliance of Young Men's Christian Association and United Nations Watch, International Educational Development and North-South XXI.
Sri Lanka exercised its right of reply.
The next meeting of the Council will be at 3 p.m. this afternoon when the Council is scheduled to consider the report of the Special Rapporteur on the situation of human rights in Palestinian Territories Occupied since 1967, and a letter from the members of the Commission of Inquiry on Lebanon addressed to the President of the Human Rights Council.
Report of Special Representative of the Secretary-General for Children and Armed Conflict
The Council has before it the report of the Special Representative of the Secretary-General for children and armed conflict (E/CN.4/2006/66) which provides an update of ongoing efforts to highlight grave violations against children in armed conflict in order to bring pressure to bear on parties to conflict who violate the rights of children. The report highlights elements of ongoing cooperation with the key components of the United Nations human rights system, while highlighting issues for further cooperation in light of reform efforts under way. The report concludes that reform efforts create a strong momentum for the incorporation of the issue of children affected by armed conflict into the policies, strategic plans and programmes of the key United Nations human rights entities. The Special Representative takes the opportunity to call for the renewal of the commitment by the key United Nations entities to ensure, within their respective roles, that the era of application of international norms and standards for the protection of the rights of war-affected children becomes a reality.
Presentation of Report by Special Representative of the Secretary-General for Children and Armed Conflict
RADHIKA COOMARASWAMY, Special Representative of the Secretary-General for Children and Armed Conflict, said fifty-seven years after the creation of the Human Rights Commission, the United Nations had, in the creation of the Human Rights Council, placed human rights on an equal footing with security and economic development, making human rights an equal pillar in the work of the Organization. The effective protection of children affected by war should be based on a rights-based approach to child protection which recognised the responsibility of all actors to address violations of those most fundamental rights of children. Core to the advocacy of the Special Rapporteur’s mandate was to seek to identify perpetrators of grave abuses, and bring them to task by all means at its disposal; key among these was the Human Rights Council.
Next month the office of the Special Rapporteur would launch its strategic framework for the next two years after in-depth consultation with partners, particularly UNICEF. The Framework set out four main objectives: supporting global initiatives to end grave violations against children affected by armed conflict; promoting rights-based protection for children in armed conflict; making children affected by armed conflict concerns an integral part of peacekeeping and peacebuilding; and raising awareness about children in armed conflict issues before, during, and after conflict situations. In pursuing these objectives, the strategies would be followed of strict monitoring and reporting of violations, advocating with partners and the general public, mainstreaming the issue in all international efforts, and in facilitating research and study in key areas such as international criminal law and the child, the girl child, the needs and concerns of former boy soldiers, and transitional justice.
Though the mandate had made impressive headway in the provision of timely monitoring and reporting for the Security Council, more had to be done to engage human rights bodies and actors on the ground, and in Geneva. The Human Rights Council should continue to incorporate specific children in armed conflict when considering country-specific and thematic human rights concerns into its discussions and resolutions. This had been a terrible year for children in armed conflict: in the past, all combatants would create the humanitarian space for the protection of children, but today there was an uphill battle to ensure that these principles remained entrenched. The Council should consider it a primary duty to ensure the protection of civilians during armed conflict, and the vindication of human rights. Impunity should be cast aside, and the independent moral voice of a global community united by the Universal Declaration on Human Rights should reassert itself. Without that reiteration, commitment, and conviction, all else that was attempted was bound to fail.
Interactive Dialogue on Children and Armed Conflict
KIRSTI POHJANKUKKA (Finland), speaking on behalf of the European Union, said the European Union was strongly committed to addressing the situation of children in armed conflict and was actively implementing the EU Guidelines on Children in Armed Conflicts adopted in 2004. The work of the Special Representative contributed to the efforts of the international community to ensure the protection of human rights of the vulnerable part of society that were children in the context of armed conflicts. What were the most urgent human rights concerns that had been revealed and needed to be addressed in the pilot countries of the monitoring and reporting mechanism? What measures could the Council undertake to promote and protect the human rights of children in conflict?
HIRANTHI WIJEMANNE (Sri Lanka) welcomed the report of the Special Representative of the Secretary-General for children and armed conflict, which brought to the attention of the Council current efforts to deal with an issue of importance to many Member States. The Government regretted that despite efforts to engage the LTTE through the Action Plan for Children affected by the armed conflict agreed as far back as 2003, it had not yielded positive results. This Action Plan had to be reviewed and redeveloped to address all fundamental issues, in addition to dealing with the cessation of recruitment and use of children as soldiers.
JEAN DANIEL VIGNY (Switzerland) welcomed the Special Representative’s last reports on the situation in the Democratic Republic of the Congo and the Sudan, and welcomed the recommendations presented by the Security Council Working Group on the Democratic Republic of Congo. After the report on the situation in the Democratic Republic of Congo and the Sudan and Uganda, what were the next countries the Special Rapporteur intended to visit; was the Special Rapporteur in a position to define or determine best practices for non-State actors in her work; and in countries such as the Democratic Republic of Congo and the Sudan, demobilisation and reintegration programmes gave rise to the question as to whether they were including the necessary medical and emotional assistance that children, in particular girls, needed?
SARAH FILOTAS (Canada) applauded the initiative of the Special Representative’s visit to Uganda last June and looked forward to hearing how implementation of monitoring and reporting efforts and of the action plan were progressing. Children became more vulnerable to HIV/AIDS during armed conflict. Should consideration of HIV/AIDS be integrated into reporting on children and armed conflict?
SEYMUR MARDALIYEV (Azerbaijan) welcomed the report of Special Representative of the Secretary-General for children and armed conflict. The monitoring of the situation of children caught in armed conflicts should be of a preventive nature and should be done before the Security Council was seized of the matter, as the Security Council was a measure of last resort. Azerbaijan asked the Independent Eexpert if she was planning to extend her studies to other regions of the world, in addition to Asia and Africa.
HELEN HORSINGTON (Australia) said Australia had been active in ratifying international instruments that sought to enshrine the protection of children, and sought to address the violations of children’s rights that took place during conflict. Australia had recently ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. The Special Rapporteur’s report and recommendations were welcomed, as they aimed at incorporating issues linked to children in armed conflict in the United Nations' core policies and projects.
GALINA KHVAN (Russian Federation) said the report was an additional contribution to protect the rights of children and asked how the Special Representative designed six categories in her report and the criteria used to establish those categories.
HAMATO MUKHTAR MUSA (Sudan) categorically rejected the accusations present in the report with reference to the use of children in the military conflict in Sudan. Sudan’s law prohibited the use of children in hostilities, and recruitment of children in the armed forces. Sudan did not use children in military hostilities. There had been violations of the rights of children carried out by other parties.
SERGIO CERDA (Argentina) said the Special Rapporteur was thanked for her report and presentation. Argentina had ratified the Optional Protocol on the involvement of children in armed conflict, and agreed with the Special Rapporteur that it was important to ensure coordination with the other holders of mandates and with the Committee on the Rights of the Child. With respect to victims, violence against women could not be separated from this issue. The Special Rapporteur should examine issues linked not only to children in armed conflict, but also to the plight of women in such circumstances. Key to this was identifying those responsible for the recruitment of children. Due to the helplessness of the victims, it was most important to fight against impunity.
YURIKO FUKUSHIMA, of World Young Women's Christian Association in a joint statement with World Alliance of Young Men's Christian Association and United Nations Watch, said in every continent, wherever there was conflict, children were disproportionately affected: killed, maimed, recruited as soldiers, orphaned, displaced and injured. Sexual violence during armed conflict also accelerated the spread of HIV/AIDS. The Council should take comprehensive and long-term action to ensure the rights, protection and well being of the girl child before, during and after armed conflicts.
KAREN PARKER, of International Educational Development, said that the Special Representative of the Secretary-General for children and armed conflict faced a difficult task in pursuing her mandate. International Educational Development recognized that the problem of child soldiers had been a major concern in certain African conflicts due to the extremely young age of many of them in proportion to adult soldiers. However, International Educational Development was also concerned that undue attention, usually for geopolitical interests, was paid to so-called child soldiers in other conflicts to the detriment of the full attention to the overall situation of children in these conflicts. Nowhere was this more evident than in the armed conflict in Sri Lanka.
BASSAN KANTOR, of North-South XXI, said there was great concern as to the description that was given to the war that was lately waged on Lebanon, as children were said to have been used as human shields. There was information refuting this in the reports of the Special Rapporteurs who had gone to Lebanon on fact-finding missions. There was evidence from many NGOs that children were the victims of armed conflict, and had never been used as human shields. There had been deliberate massacres of displaced persons, including women and children, in acts that were crimes against humanity, and reports of 1 million cluster bombs dropped in the last few days of the war. All this testified to the fact that these were used only to harm children, as these remaining bombs killed one to two children every day, and this would only get worse. It was hoped the fact-finding mission would bring these crimes to light.
Concluding Statement by Special Representative of the Secretary-General for Children and Armed Conflict
RADHIKA COOMARASWAMY, Special Representative of the Secretary-General for children and armed conflict, said the Security Council had set up a monitoring mechanism so that her office would obtain accurate information from States and UN partners. The checks and balances of data were carried out by the Secretary-General’s office. In Sri Lanka, she had appointed an officer to visit and gather information from that country. At the moment she had planned to visit Lebanon and she had informed the Government of Sudan of her desire to visit that country. As indicated by the Swiss delegation, focus should be made on demobilization and integration of former children combatants. As to the challenges she faced in her monitoring efforts, she said the main violation of recruitment of children was a problem that needed a mechanism to be designed.
Her office had an international scope in monitoring the rights of children and armed conflict. The six categories of violations were based on international humanitarian law. The security forces of Sudan did not recruit children but the armed groups were involved in recruiting children and dragging them into the conflict. The International Court of Justice had now taken firm measures with regard to the involvement of children in armed conflict.
Right of Reply
SARALA FERNANDO (Sri Lanka), in exercise of a right of reply, said one more time, the International Education Development, a non-governmental organization (NGO), had tried to spread disinformation on the situation in Sri Lanka. Sri Lanka would like to suggest that NGOs that accredited LTTE leaders to the session of the Council should instead try to use their influence to persuade the LTTE to renounce terrorism and violence, which would enable all the children of Sri Lanka to grow without risk and in peace.
Report on Technical Cooperation and Advisory Services in Liberia
The Council has before it a report (E/CN.4/2006/114) entitled report of the Independent Expert on technical cooperation and advisory services in Liberia, which contains information obtained during a mission in Liberia from 25 September to 6 October 2005. It states that since the last visit of the Independent Expert in April 2005, progress has been made in several sectors. Improvements in the security situation have enhanced freedom of movement and facilitated the conduct of national elections and a presidential run off in October and November 2005, respectively.
The Truth and Reconciliation Commission (TRC) Act was passed by Parliament on 12 May 2005 and promulgated on 10 June, following the defeat of a parliamentary motion for reconsideration. The Selection Panel led by the Economic Community of West African States submitted its report to the Chairman of the National Transitional Government of Liberia (NTGL) on 22 September 2005. The completion of this stage of the establishment of the Truth and Reconciliation Commission is a significant achievement and lays the groundwork for an effective Commission capable of implementing its mandate in a very challenging context.
Improvements in the security situation and progress in establishing bodies provided for in the Comprehensive Peace Agreement have been complemented by Government efforts to establish a legal framework for compliance with international norms and standards. In this regard, the Government of Liberia in an unprecedented initiative acceded to over 100 international instruments, including a range of human rights treaties.
As Liberia concludes the last quarter of a tight two-year transitional programme, increased actions have to be taken to establish effective and functional mechanisms to combat corruption. NTGL, the incoming Government of Ellen Johnson Sirleaf and the international community should agree on international assistance to reinvigorate the judicial system. Consideration should be given to urgent interim measures while a comprehensive programme of assistance is worked out. Possible interim measures should include provision of international legal experts while the capacity of local personnel is gradually restored. Priority attention should be given to the establishment of an effective law reform commission and comprehensive revision of the civil and criminal code. Additionally, the implementation of the Governance and Economic Management Assistance Programme agreed upon by NTGL and its international partners on 9 September 2005 should commence without delay. The effective implementation, by the Government of Liberia, of the United Nations Convention against Corruption, to which it recently acceded, is central because of its direct impact on the human rights performance of all sectors of government. It is imperative that the mandate of UNMIL be strengthened to not only monitor and report, but also assist in the implementation of all human rights instruments to which the Government is a party.
Presentation of Report by Independent Expert on Technical Cooperation and Advisory Services in Liberia
CHARLOTTE ABAKA, Independent Expert on technical cooperation and advisory services in Liberia, said that the Truth and Reconciliation Commission was inaugurated on 20 February 2006. Cllr. Jerome Verdier, a prominent human rights lawyer, was appointed Chairperson of the Commission. Initial progress was somehow slow. Commissioners had difficulties locating suitable premises, and were delayed in the hiring of staff for the secretariat. The hiring of staff was currently underway and premises had been secured.
With reference to legal reform and the rule of law, a review of national legislation in conformity with international human rights obligations was under way. The Government’s 150-Day Action Plan provided for the development of a draft plan of action to establish a Law Reform Commission. On the Liberian justice system, some positive developments had taken place. Circuit Courts in all of Liberia’s 16 Circuits opened for the February 2006 Term. However, at least six Circuit Courts were not fully functional due to the absence of key judicial personnel and lack of facilities. On ending impunity of past and present crimes, Nigeria announced on 25 March 2006 that it had agreed to a request by President Johnson-Sirleaf to transfer former President Charles Taylor (1997-2003) to Liberia. Immediately upon arrival in Liberia on 29 March 2006, Taylor was detained by UNMIL and transferred to the Special Court for Sierra Leone, in accordance with Security Council Resolution 1638 (2005).
The new rape law came into force on 17 January 2006. Government officials, Liberian and international NGOs, United Nations agencies and UNMIL collaborated to ensure that the law was in accordance with international human rights standards. The human rights situation in Liberia’s rubber plantations remained poor, in spite of increased attention to the problem. On the human rights of women, no significant changes had taken place.
The people of Liberia deserved commendation for the peaceful elections under very difficult conditions, in terms of logistics and the infrastructure. The result of the presidential election in Liberia had broken the myth of Africa having the first ever democratically elected female President.
Statement by Concerned Country
MCKINLEY THOMAS (Liberia), speaking as a concerned country, said while Liberia acknowledged that there was a lot that needed to be done in specific areas of interventions, it was however worthy to mention that in the face of the daunting post-war reconstruction and recovery challenges, significant progress was being made by the Government to address some of the key issues raised in the report. There was an immediate need for technical assistance in building capacities related to human rights treaty bodies reporting and follow-up. Liberia appealed to the Council to support its request for technical assistance in that direction. The Government acknowledged the serious logistical and financial hurdles encountered by the judicial personnel assigned in the hinterland of the country. The impassable road network in rural areas further compounded the problem.
Despite such bottlenecks, tremendous gains had been made in addressing some of those issues. Regarding the issue of corruption by judicial officials involving rape cases, the report did not make particular reference that would serve to enlighten the Council. The Government had embarked on a vigorous initiative to implement all of the recommendations contained in the National Task on Rubber Plantations report. The Ministry of Labour was seriously investigating allegations of child labour and other inhumane labour practices at various rubber plantations around the country. On the issue of the human rights of women and children, significant improvements had been made both internationally and locally. Liberia had signed a number of international conventions.
Interactive Dialogue on Liberia
IDRISS JAZAÏRY (Algeria), speaking on behalf of the African Group, said the report of the Special Rapporteur displayed high professional standards, and the Special Rapporteur was a shining example of what a mandate-holder’s mission should be about. The African Group was relieved and greatly encouraged to note the positive evolution in Liberia. Indeed, it appeared that hard times were over and durably so, as institutional measures were adopted which were extremely promising in terms of the protection and promotion of human rights.
The African Group called on all United Nations Member States in a position to do so and on relevant and regional institutions, including the Office of the High Commissioner for Human Rights, to provide strong technical and financial support to Liberia in order to assist it in achieving the human rights objectives set out in the Independent Expert’s valuable report.
MIIA RAINNE (Finland), speaking on behalf of the European Union, thanked Charlotte Abaka, Independent Expert on technical cooperation and advisory services in Liberia, for her report and work done to facilitate the cooperation between the Government and the High Commissioner, and technical assistance offered. Finland asked how the Independent Expert saw the role of the Truth and Reconciliation Commission in the coming future and how could she assist this body, which constituted a pillar in the implementation of the Comprehensive Peace Agreement; what progress had been made in relation to improving the Liberian justice system over the last year; and what assessment did she make of the current situation on Liberian prisons. Lastly, the European Union asked the Independent Expert for her assessment of the prevalence of ethnic discrimination in Liberia and of the risk that ethnic tensions posed to the long-term stability of the country.
MANUEL RODRIGUEZ CUADROS (Peru) said Peru viewed that progress was being pursued in Liberia, particularly in the areas of elections, the administration of justice, the fight against impunity and steps taken on the human rights situation of persons working in rubber plantations. Within the context of the fight against impunity, what alternative measures should be implemented to address this last issue?
LORETTA ASIEDU (Ghana) said Ghana supported the statement of the African Group, and Ms. Abaka was thanked for her comprehensive report which noted the progress made on the situation in Liberia. However, Liberia still faced a number of challenges which it could not deal with on its own in its current state, and the international community should assist in creating an environment in which human rights should flourish. The Government of Ghana had always supported Liberia, and would continue to provide assistance, within the limits of its resources.
BOB LAST (United Kingdom), supported the statement made by Finland, and wished to ask Charlotte Abaka, Independent Expert on technical cooperation and advisory services in Liberia, about violence against women. The United Kingdom wanted to know what new measures had been taken at the national level, and which other new measures would she recommend. In addition, the Independent Expert should offer an update on the progress made on the selection of candidates for the Independent National Commission on Human Rights, and what role did she envisage for her mandate in assisting the Commission.
PATRICK SMELLER (United States) said that in her report, the Independent Expert on technical cooperation and advisory services in Liberia had commended positive political developments such as the establishment of the Truth and Reconciliation Commission and the successful presidential and parliamentary elections without overlooking continuing human rights concern in the country. The Expert had recommended engaging judges, magistrates and judicial officers from similar jurisdictions, including ECOWAS countries, to address serious gaps in the administration of justice; what other recommendations did she have for addressing that problem? How did she measure Liberia’s progress on respecting human rights since the report was first issued? Obviously there had been progress, but in what area?
Concluding Remarks by the Independent Expert on Liberia
CHARLOTTE ABAKA, Independent Expert on technical cooperation and advisory services in Liberia, said on her assessment of the Commission, the members of the Commission appeared to be very committed people, with a real will to do a good job, but they needed technical assistance. Her role in assisting them was in making them aware of the need to take into account the human rights perspective of whatever they did, for both victims and perpetrators, both of which groups had undergone tremendous psychological torture. In that regard, the Truth and Reconciliation Commission very badly needed clinical psychologists to handle these cases of mental torture for both victims and perpetrators. The Government of Liberia was seriously constrained financially, and could not engage such psychologists, and this was one area in which the international community could help. Within the Independent Expert’s mandate, she constantly strove to impress the gender perspective of what the Truth and Reconciliation Commission was doing, as this was a crucial area, and in many cases she used the CEDAW Convention as a tool in this regard.
On the conditions in prisons, the United States Government had provided some huge sums to improve these, and that had helped a lot, but was unfortunately not enough. Because of lack of facilities, some suspected criminals were allowed to go free, and a lot more assistance was clearly required. Prisoners also had rights which needed to be respected, but the Government was not in a position to be able to do this. On the question on violence against women, in spite of the new rape law, rape cases were on the rise, but the Independent Expert was not disturbed by this, as it was possible that women were now comfortable in reporting rape cases, and that this explained the rise in numbers. Because of increased awareness due to programmes and training and the new law, people were now more comfortable in reporting cases of rape, and this was in itself a good sign.
The Government of Liberia should be encouraged to hire judges from abroad, as this would speed up the process of justice. Maybe Governments could consider giving scholarships to law students from Liberia so that the country could produce its own lawyers, judges and prosecutors, all of which were badly needed. There was no free legal aid in Liberia, and the infrastructure was very damaged, preventing access to the countryside in this regard. The international community and the United Nations were called upon to not abandon Liberia. This was the best time to continue to support the country so that the peace that had been achieved was sustainable - and this would ensure the sustainability of peace in the whole sub-region.
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