Human Rights Council considers follow up to its Special Sessions on Côte d'Ivoire and on Libya

Human Rights Council
AFTERNOON

14 March 2011

Starts General Debate on Human Rights Situations that Require the Council’s Attention

The Human Rights Council this afternoon considered follow up of its Special Sessions on Côte d’Ivoire and on Libya, and started its general debate on human rights situations that require the Council’s Attention.

Kyung-wha Kang, United Nations Deputy High Commissioner for Human Rights, speaking on behalf of the High Commissioner, introduced her report on the situation of human rights in Côte d’Ivoire. The report covered developments until 31 January 2011. Ms. Kang also took the opportunity to update the Council on developments on the ground where many feared an impeding war. The report described the drastic deterioration of the human rights situation in the context of the crisis which had followed the elections. It referred to cases of extrajudicial killings, abductions, enforced disappearances, harassment and intimidation and other violations of human rights, allegedly committed by security forces and armed groups allied to Mr. Laurent Gbagbo in Abidjan and other parts of the country.

Ms. Kang said the violence had led to the internal displacement of more than 200,000 persons. An estimated 80,000 refugees had fled the country directed primarily to Liberia. The political tension had been exacerbated by ethnically motivated strife in parts of the country. The atmosphere of impunity also encouraged sexual violence. In addition to the general climate of violence, the protracted crisis, combined with the imposition of economic and financial sanctions, had had severe consequences on freedom of movement and access to basic social services, and particularly affected the rights to health and education. Given the risk of resurgence of civil war, the High Commissioner urged all parties to show utmost restraint to prevent violence from escalating and to resolve their differences peacefully.

Speaking as a concerned country, Côte d’Ivoire said that since the delegation’s last statement on 28 February, major developments had occurred in the situation in Côte d’Ivorie. The Council of Peace and Security of the African Union had called for the recognition of the victory of President Alassane Ouattara in the presidential election on 28 November 2010. This victory for democracy was also a victory for the Human Rights Council and for all United Nations delegations for their contribution to the process. Given the serious decline in the human rights situation, the President and Government of Côte d’Ivoire would like to receive an International Commission of Inquiry to look at human rights violations so that those who committed those crimes were brought to justice. The residents of the country were at the end of their strength and since the presidential elections there had been thousands of deaths. There was organised crime and a new form of violence: looting and vandalizing by the tribal forces of Laurent Gbagbo. It was imperative that the perpetrators were held accountable for their acts before the International Criminal Court.

In the discussion, speakers said the situation in Côte d’Ivoire had not improved since the Special Session and it was the responsibility of all parties involved to protect all irrespective of their ethnicity, nationality or religion. There was particular concern at the recruitment and arming of youth, and the rearmament of former militia groups which might lead to a further escalation of violence. Speakers supported the call for an International Commission of Inquiry to look into the human rights abuses that had been committed. It was necessary to increase humanitarian aid to refugees and those displaced by the violence. The gross abuses of human rights and trampling of fundamental freedoms in Côte d’Ivoire were condemned. Despite months of comprehensive efforts by the international community, Mr. Gbagbo’s intransigence had pushed the country to the brink of a humanitarian catastrophe. The escalation of violence could once again precipitate a civil war. It was vital that the Council supported humanitarian actions to protect the population and to safeguard the rights of those belonging to vulnerable groups such as children and women and to ensure the protection of United Nations’ staff. The mediation efforts of the African Union and the Economic Community of Western African States were important with a view to bringing the crisis to an end.

Speaking in the discussion on Côte d’Ivoire were Hungary on behalf of the European Union, Spain, France, United States, Switzerland, United Kingdom, Brazil, Japan, Russia, Ghana, Republic of Korea, Chile, Nigeria on behalf of the African Group, Namibia, Canada, Egypt, Turkey, Germany, Slovenia and Portugal.

The following non-governmental organizations also took the floor: Amnesty International, Human Rights Watch, World Association for the School as an Instrument of Peace, International Educational Development, International Federation for Human Rights Leagues, Centre for Human Rights and Peace Advocacy and Cause Premiere.

On the situation in Libya, the Deputy High Commissioner provided an oral update on the human rights situation in Libya as the country continued to be gripped in violent strife. Since the fifteenth Special Session of the Human Rights Council on the situation in Libya and the Security Council resolution, the human rights situation had continued to deteriorate with reports of intensified fighting and indiscriminate air strikes that resulted in numerous civilian injuries and deaths. The League of Arab States had now appealed to the United Nations to impose a no-fly zone on Libya. Of utmost concern were numerous accounts received by the Office of the High Commissioner regarding cases of summary executions, rape, torture and disappearance. The Office of the High Commissioner was extremely concerned over reports of the massive circulation of weapons throughout the Libyan territory and their potential availability to any actor including children. The Deputy High Commissioner also condemned in the strongest terms what appeared to be a deliberate campaign targeting Libyan and foreign journalists.

In the discussion on Libya, speakers said that the Special Session on Libya had been initiated in view of the unacceptable, and indeed, shocking human rights violations in the country. The Special Session provided a remarkable and exemplary show of unity by the Council in the face of gross and systematic human rights violations, and took important decisions on the formation of a Commission of Inquiry and on recommending the suspension of Libya from the Human Rights Council. Unfortunately, the situation on the ground had only deteriorated since then. Some speakers welcomed the decision of the Peace and Security Council of the African Union condemning in strong and unequivocal terms the indiscriminate use of force and lethal weapons by all sides resulting in the loss of life and the transformation of peaceful demonstrations into an armed rebellion. Nevertheless, they saw the need for the respect of the unity and territorial integrity of Libya and rejected the notion of any foreign military intervention. Speakers called on Colonel Gaddafi to leave and for his regime to put an immediate end to the violence and meet the legitimate demands of its own people and they urged the Council to remain strongly engaged on this matter. The situation in Libya was extremely worrying, especially the inacceptable use of force of the regime of Gaddafi towards civilians who were expressing in a legitimate way their aspirations of freedom and democracy. The attention of the international community needed to focus on pressuring the Libyan Government to immediately cease the use of excessive force against Libyan demonstrators.

Speaking in the discussion on Libya were Hungary on behalf of the European Union, Nigeria on behalf of the African group, United Kingdom, France, Switzerland, United states, Norway, Jordan, Japan, Brazil, Maldives, Russian Federation, Namibia, Canada, Italy, Algeria, Turkey, Slovenia, Israel, Germany and Portugal.

The following non-governmental organizations also took the floor: Human Rights Watc, cfairo Institute for Human Rights, CIVICUS – World Alliance for Citizen Participation, Mouvement contre le racisme et pour l’amité entre les peoples, Reporters without Borders International, Indian Movement “Tupaj Amaro”,
International Federation for Human Rights Leagues and United Nations Watch.

In the general debate on human rights situations that require the attention of the Human Rights Council, speakers raised specific human rights violations in a number of countries and regions.

Speaking in the general debate were Hungary on behalf of the European Union, Lithuania on behalf of a Group of Forty-four States, Spain, United Kingdom, France, United States, Norway, Japan, Slovakia and Switzerland.

Speaking in right of reply were Belarus, Sri Lanka, Iran, Venezuela, Zimbabwe, Azerbaijan, Cuba and China.

The Council will meet from 9 a.m. to 6 p.m. on Tuesday, 15 March. It will conclude its general debate on human rights situations that require the attention of the Council and then hold an interactive dialogue with the Independent Expert on minorities. It will also hear from its Social Forum and Forum on Minority Issues.

Documentation

The Report of the High Commissioner on the abuses and violations of human rights in Côte d’Ivoire in relation to the conclusion of the 2010 presidential election, (A/HRC/16/79), outlines abuses and violations of human rights in Côte d’Ivoire in relation to the conclusion of the 2010 presidential election. The report covers events up to 31 January 2011.

Statement by Deputy High Commissioner for Human Rights on Côte d’Ivoire

KYUNG-WHA KANG, United Nations Deputy High Commissioner for Human Rights, speaking on behalf of the High Commissioner, introduced her report on the situation of human rights in Côte d’Ivoire (HRC/16/79) submitted pursuant to resolution S-14/1 adopted at the fourteenth Special Session of the Human Rights Council on the situation in Côte d’Ivoire since the elections on 28 November 2010. The report covered developments until 31 January 2011. Ms. Kang also took the opportunity to update the Council on developments on the ground where many feared an impeding war. The report described the drastic deterioration of the human rights situation in the context of the crisis which had followed the elections. It referred to cases of extrajudicial killings, abductions, enforced disappearances, harassment and intimidation and other violations of human rights, allegedly committed by security forces and armed groups allied to Mr. Laurent Gbagbo in Abidjan and other parts of the country. Between 16 December 2010 and 8 March 2011, more than 385 extrajudicial killings were reported, allegedly mostly committed by the Force de Defense et de Securité loyal to Mr. Gbagbo as well as more than 520 arbitrary arrests and detention, in some cases involving torture. Further, more than 70 cases of disappearances had been registered by the Human Rights Division of the United Nations Operation in Côte d’Ivoire (UNOCI). In addition, the violence had led to the internal displacement of more than 200,000 persons. An estimated 80,000 refugees had fled the country directed primarily to Liberia.

The political tension had been exacerbated by ethnically motivated strife in parts of the country. The atmosphere of impunity also encouraged sexual violence. In addition to the general climate of violence, the protracted crisis, combined with the imposition of economic and financial sanctions, had had severe consequences on freedom of movement and access to basic social services, and particularly affected the rights to health and education. Humanitarian actors had encountered enormous difficulties in accessing areas such as Abobo, a neighbourhood of Abidjan, where there had been violent clashes. This had severely undermined their ability to respond to the need of the population. The report of the High Commissioner called on Mr. Gbagbo and his supporters to cease all infringements of human rights, to stop the recruitment, armament and use of youth groups, militias and mercenaries, and to fully cooperate with the United Nations, the African Union and other partners for a peaceful resolution of the crisis. The High Commissioner remained deeply concerned about the escalation of violence in Côte d’Ivoire. Given the risk of resurgence of civil war, the High Commissioner urged all parties to show utmost restraint to prevent violence from escalating and to resolve their differences peacefully.

Statement by Côte d’Ivoire as Concerned Country

JEANNOT KOUADIO AHOUNSSOU, (Côte d’Ivoire), speaking as a concerned country, said that since the delegation’s last statement on 28 February major developments had occurred in the situation in Côte d’Ivorie. The Council of Peace and Security of the African Union had called for the recognition of the victory of President Alassane Ouattara in the presidential election on 28 November 2010. This victory for democracy was also a victory for the Human Rights Council and for all United Nations delegations for their contribution to the process. The delegation would like to salute the commitment of the Human Rights Council and the United Nations operations in the field and it denounced the massive human rights violations that were detailed in the report and confirmed by non-governmental organizations such as Human Rights Watch.

Given the serious decline in the human rights situation, the President and Government of Côte d’Ivoire would like to receive an International Commission of Inquiry on human rights violations so that those who had committed those crimes were brought to justice. Between 3 and 8 March 2011, 11 women were assassinated by the tribal forces of Mr. Laurent Gbagbo. The residents of the country were at the end of their strength and since the presidential elections there had been thousands of deaths. Organised crime and a new form of violence, which consisted in looting and vandalizing by the tribal forces of Laurent Gbagbo, was occurring, especially against the homes of United Nation’s workers. It was imperative that the perpetrators were held accountable for their acts before the International Criminal Court.

Discussion on Côte d’Ivoire

ANDRAS DEKANY (Hungary), speaking on behalf of European Union, said that the Human Rights Council had the mandate and the duty to respond promptly to human rights emergencies and to prevent the escalation of atrocities. That was why the European Union unanimously supported the request of the African Group and the countries from the region to convene a Special Session on Côte d’Ivoire last Christmas. The situation had not improved since then and it was the responsibility of all parties involved to protect all irrespective of their ethnicity, nationality or religion. The European Union had been particularly concerned at the recruitment and arming of youth, and the rearmament of former militia groups which might lead to a further escalation of violence. The European Union deplored incitement to violence by influential leaders and condemned the interferences with non governmental media and abuse of governmental media channels for incitement to hatred. The European Union had decided to impose targeted restrictive measures including a visa ban and assets freeze on leading figures in Côte d’Ivoire who refused to place themselves under the authority of democratically elected President Outtara. The European Union stressed the need for the Government to conduct in-depth, impartial and independent investigations concerning all reported human rights violation and abuses and to bring all perpetrators to justice. The urgency and seriousness of the situation required the further attention of the Council and fully justified a follow-up report by the High Commissioner at the seventeenth session.

OLIVIA WIDEN (Spain) said Spain expressed its solidarity with the people of Japan. Spain supported the renewal of the mandates of the Special Rapporteurs on the situation of human rights in the Democratic People’s Republic of Korea and Myanmar. The situation of oppression in Iran was also of grave concern, particularly because of the systematic repression against members of Iran’s political opposition. In the Democratic Republic of the Congo, the violence perpetrated against women in some areas, like Northern Kivu, remained serious.

Turning to Côte d’Ivoire, Spain supported the call for an International Commission of Inquiry to look into human rights abuses that had been committed. Popular movements for freedom in North Africa and the Middle East were encouraging and Spain urged countries to listen to the voices of the people. In Libya, the international community had watched with alarm the grave human rights abuses that had been committed by Government forces. In closing, Spain also expressed its concern about the elections of December 2010 in Belarus and condemned that Government for violently repressing peaceful demonstrations.

JEAN BAPTISTE MATTEI (France) said the situation in Côte d’Ivoire had deteriorated. The High Commissioner’s report described the situation in detail, the poor conditions of the internally displaced persons which were counted in the hundreds of thousands and that the country was on the verge of civil war. France welcomed the increasing participation of the international community in this crisis and the African Union’s affirmation of the legitimacy of President Alassane Ouattara. It was necessary to increase humanitarian aid to refugees and those displaced by the violence. France requested that information on mass graves be verified and called once again for the re-establishment of liberties and the protection of women, who were subject to violence and children, whom the militias had tried to recruit. France called for the establishment of an International Commission of Inquiry to determine the nature and extent of the crimes committed and to ensure that perpetrators would be brought to the appropriate courts and held accountable.

EILEEN CHAMBERLAIN DONAHOE (United States) said that the report of the High Commissioner left no doubt that the situation in Côte d’Ivoire was grave and deteriorating and the United States deplored the gross abuses of human rights and trampling of fundamental freedoms in this country. Despite months of comprehensive efforts by the international community, Mr. Gbagbo’s intransigence had pushed the country to the brink of a humanitarian catastrophe. It was vital that the Human Rights Council and the Office of the High Commissioner for Human Rights remained vigilant in responding to the horrific abuses. They should not let up pressure in response to a situation that was clearly deteriorating. Continued reports of mass human rights abuses and violations of international law must be investigated and the United States urged all parties to respect the freedom of religion and to investigate and hold accountable perpetrators of crimes of violence against civilians, including sexual violence. The initiative of the Ivorians to introduce a resolution on the situation in Côte d’Ivoire deserved strong support to send an unequivocal message to former President Gbagbo that he must respect the will of the Ivorian people, step down immediately and acknowledge that President Outtara was the legitimate Head of State.

JURG LAUBER (Switzerland) said that Switzerland remained deeply concerned by the degradation of the situation in Côte d’Ivoire, particularly in Abidjan and the west of the country. The escalation of violence could once again precipitate a civil war. According to some estimates, more than 370 people had been killed since the post-electoral crisis and more than 75,000 had sought refuge outside of Côte d’Ivoire’s borders. In addition, many acts of sexual violence had been reported and Switzerland urged the concerned parties to respect the fundamental human rights of their compatriots. Finally, Switzerland asked for the immediate cessation of violence against the blue helmet forces of the United Nations, who were doing their best to protect local civilian populations.

CHRISTOPHER LOMAX (United Kingdom) said the United Kingdom was concerned that the security situation and the situation of human rights in Côte d’Ivoire had deteriorated. It was also worried about the increasing number of deaths and at the growing number of refugees. The United Kingdom called on Mr. Gbagbo to cede power peacefully and allow Mr. Alassane Ouattara to accede to the presidency.

CARLOS EDUARDO DA CUNHA OLIVEIRA (Brazil) said that, despite the efforts of the Human Rights Council, the situation in Côte d’Ivoire remained of grave concern and was possibly deteriorating. Violence from both sides was causing great damage to the enjoyment of all human rights, including the right to education, to food, and to health. In that context, Brazil said that a question must be asked on whether the economic sanctions imposed on the country were helping the human rights situation. Brazil called upon all parties to refrain from violence, including the use of mercenaries, and from incitement to hatred. Impunity had led to a long-lasting cycle of violence and must come to an end. The increased engagement of the international community could be instrumental in finding a solution to the crisis. Brazil appealed to the parties to put the rights and the well-being of the Ivorian people before any political or economic consideration.

OSAMU SAKASHITA (Japan) said that Japan remained deeply concerned by the continued turmoil and dire human rights situation since the run-off election last December in Côte d’Ivoire. Japan demanded that all Ivorian parties fully observed resolution S-14/1 adopted at the fourteenth session of the Council. It was extremely distressing that Mr. Gbagbo’s supporters had shot unarmed civilians and committed other serious offences, which included extra-judicial killings, torture, rape and use of the public media to incite hatred. Moreover, the involvement of under-age youth groups and mercenaries in these acts was also a cause of serious concern. Japan concluded by joining others in condemning the attacks on the United Nations mission in Côte d’Ivoire (UNOCI) as well as the forceful prevention of the mission from fulfilling its mandate.

GRIGORY LUKIYANTSEV (Russia) said the situation that prevailed in Côte d’Ivoire was alarming and constituted a violation of the fundamental freedoms of the citizens that the constitution of that country should uphold. Russia said the electoral processes in any sovereign State should be resolved by the citizens in that State and under the rule of law. Russia appreciated the mediation efforts of the Economic Community of Western African States and the African Union to find a political settlement and would continue to support such efforts.

ELLEN S. NEE-WHANG (Ghana) said Ghana remained deeply concerned about the political stalemate and the deteriorating human rights situation in Côte d’Ivoire which had already led to internal and cross-border displacement of thousands of people. Particularly worrying were the disruptions to the means of livelihoods and the general negative impact of the deteriorating political and human rights situation on the economic, social and cultural rights of the population. In view of the serious human rights violations being perpetuated by both sides, Ghana endorsed the recommendations made in the report, particularly the call on both parties to cease all action to inciting the security forces to commit human rights violations and to ensure that serious human rights violations committed in the country were thoroughly investigated by a credible and representative International Commission of Inquiry.

PARK YOUNG-KYU (Republic of Korea) said the Republic of Korea was deeply concerned that the human rights situation in Côte d’Ivoire had drastically deteriorated since the run-off election. Since last December, the human rights situation had been exacerbated by increasing cases of abductions, illegal detentions, forced displacement, sexual violations and attacks against civilians, which included members of the UN peacekeeping mission. In particular, the Republic of Korea took serious note of the possible resumption of civil war in the country trailed by the current political stalemate, as was mentioned in the report. Given the fragile situation, the Republic of Korea called on all parties to refrain from any acts of human rights violations and incitement to violence. In addition, the Government of Côte d’Ivoire should conduct a thorough investigation and bring serious human rights perpetrators to justice, as well as strengthen its efforts to protect innocent civilians.

JUAN PEDRO SEPULVEDA (Chile) said that Chile was gravely concerned about the situation in Côte d’Ivoire and it believed that it was vital that the Council supported humanitarian actions to protect the population and to safeguard the rights of those belonging to vulnerable groups such as children and women and to ensure the protection of United Nations’ staff. The mediation efforts of the African Union and the Economic Community of Western African States were important with a view to bringing the crisis to an end. Chile called on all parities to avoid violence and to respect the current constitutional framework and stressed the need for regional cooperation to foster the peace process. Chile called on the Ivoirians to foster a spirit of reconciliation and national unity and welcomed the recommendations from the High Commissioner.

OSITADINMA ANAEDU (Nigeria), speaking on behalf of the African Group, said the African Group was concerned about the situation in Côte d’Ivoire and said it was regrettable that despite various initiatives by a number of actors, such as the United Nations Security Council, progress in resolving the crisis had not been achieved and the situation had even deteriorated. The African Group reiterated its firm condemnation of all atrocities and other violations of human rights, threats and acts of intimidation and acts of obstruction directed at the operations of the United Nations Operation in Côte d’Ivoire. As the world continued to make efforts at ending the stalemate in this county, the African Group hoped that Mr. Gbagbo and his military commanders were conscious of their responsibility to protect civilians, irrespective of their political affiliations. It was troubling that the longer the deadlock lasted, the more innocent people would continue to lose their lives. The African Group noted with concern that according to the investigations by the United Nations human rights officers, almost 400 people had been killed since mid-December. The deterioration of human rights in the county was occasioned by the state of political affairs and to avoid a further deterioration, the post-electoral crisis required a political solution. That was why the African Group urged the international community to effectively support the efforts of the African Union and the Economic Community of West African States in this regard.

SIMON MADJUMO MARUTA (Namibia) said it was almost four months since the Human Rights Council had held its Special Session on the situation in Côte d’Ivoire and Namibia expressed grave concern at the worsening situation which called for the Council’s urgent attention. The Council must take further steps to address the situation at hand and Namibia therefore called for the Council to dispatch a Commission of Inquiry to investigate all alleged violations of human rights. Namibia commended the African Union for its continued efforts to provide a peaceful solution to the current stalemate in Côte d’Ivoire by holding a High-Level Panel and to appoint a High Representative who would work with all Ivorian parties to develop modalities for the implementation of a peaceful solution to the current situation.

ALISON LECLAIRE CHRISTIE (Canada) said Canada thanked the countries of the African Group for playing a key role in trying to manage the current crisis in Côte d’Ivoire. Canada said that the report of the High Commissioner clearly illustrated the extent of the human rights violations since the crisis erupted after the elections in November 2010. The delegation also noted with concern the dramatic increase in the acts of violence against innocent civilians, in particular as these acts were linked to a repressive strategy to target anyone opposed to Laurent Gbagbo. In closing, Canada said that it was extremely shocked at the murder of seven women killed during a peaceful demonstration by security forces loyal to Gbagbo. It was essential that the Council acted to ensure that these violations ceased immediately and that those responsible were brought to justice.

OMAR SHALABY (Egypt) said Egypt remained highly concerned about the situation in Côte d’Ivoire and the reports on the continued atrocities and violations of human rights in different parts of the country, including the loss of life. The only answer to the current crisis was to respect the results of the presidential election held on the 28 November 2010 as proclaimed by the Independent Electoral Commission that recognized the election of Mr. Alassane Outtara as the President of the Republic of Côte d’Ivoire. Parties in the country should abide by relevant international and regional resolutions and decisions, including the United Nations Security Council resolution 1962 that requested all parties to extend full cooperation with the United Nations operation in the discharge or its mandate. The African mechanisms were highly responsive and alert in dealing with the situation. The recommendations of the communiqué issued on 10 March 2011 which endorsed the recommendations of the High Level Panel established by the African Union on 28 January 2011 offered a viable basis for a way out of the crisis that reconciled respect for democracy and the quest for peace. This should be complemented by the decision taken to appoint an African Union High Representative who should be working on convening negotiations between the Ivorian parties to develop modalities for the implementation of the proposals of the High Level Panel.

ELA GORKEM-GOKÇE (Turkey) said Turkey remained concerned about the events in Côte d’Ivoire and the violence against civilians. Turkey would like to see a peaceful transfer of power and called on Mr. Gbagbo to hand over power to the legitimately elected new President. Turkey was alarmed by recent attacks on the United Nations Operations in Côte d’Ivoire and supported the High-Level Panel of the African Union on Côte d’Ivoire. The opening of the Embassy of Turkey in Abidjan was a clear sign of the confidence of Turkey in the capacity of Côte d’Ivoire to manage its democratic process.

REINHARD SCHWEPPE (Germany) said Germany welcomed the decision of the Peace and Security Council of the African Union to confirm Allassane Ouattara as the elected President of Côte d’Ivoire. The German Government reiterated its support to the African Union and the Economic Community of Western African States in their commitment to solve the crisis in Côte d’Ivoire. Germany remained deeply concerned over reports of continued violence and human rights violations and the deteriorating humanitarian situation in Côte d’Ivoire. Since the Special Session, the number of victims of rape, abductions or killings had been growing. Germany was also worried about the abuse of the media to incite hatred, and about an apparent growth of acts of ethnically motivated violence. Against this background, Germany saw an urgent need to remain engaged and to follow-up on the human rights situation in Côte d’Ivoire.

MATJAZ KOVACIC (Slovenia) said that Slovenia was deeply concerned about the serious human rights violations committed in Côte d’Ivoire after the November 2010 elections and the humanitarian situation which had arisen in the aftermath of the elections. Slovenia called on all parties to the conflict to immediately cease the attacks on civilian populations and make it possible for the international community to assist the victims of human rights violations. Slovenia called for a thorough investigation of all human rights violations committed in the country and for the perpetrators of these violations to be brought to justice.

RICARDO EDUARDO V.P. PRACANA (Portugal) said that Portugal had supported the African Group’s call for the Special Session on Côte d’Ivoire and had co-sponsored the resolution during that Special Session. Portugal noted with serious concern serious human rights violations committed in this country and condemned with the strongest terms the human rights abuses and violence against civilians. There were more than 70,000 refugees and internally displaced persons and this was an issue of concern too. Portugal supported the recommendation of the High Commissioner to create a Commission of Inquiry to look into the human rights violations in this country. Portugal appealed to all parties to comply with decisions of the international community and protect civilians.

PETER SPLINTER, of Amnesty International, said that during a recent four-week mission, Amnesty International collected first-hand evidence of systematic human rights violations and abuses including extra-judicial executions, enforced disappearances, excessive use of force, arbitrary detention, ill treatment and sexual violence committed by security forces and groups of supporters loyal to the outgoing President Laurent Gbagbo. Amnesty International considered the situation particularly worrying in some areas of Abidjan where armed militias had launched attacks against security forces loyal to Gbagbo who had reacted with heavy gunfire. The population was caught amidst this heavy gunfire exchange and in the last two weeks tens of thousands of people had fled this area for shelter and food in other parts of the city and elsewhere.

PHILIPPE DAM, of Human Rights Watch, said that the human rights situation in Côte d’Ivoire continued to deteriorate. Human Rights Watch documented an organized stream of abuses by Gbagbo’s security forces, including killings, forced disappearances, politically-motivated rape, and excessive use of force against largely peaceful demonstrators. In recent weeks, West African nationals in Côte d’Ivoire had suffered particularly heinous abuses. Residents from Mali, Burkina Faso, Nigeria and Niger described daily attacks by pro-Gbagbo security forces and militia who tortured victims to death or doused them with gas and burned them alive. In conclusion, the Human Rights Council had an obligation to immediately denounce the ongoing violations by both sides and to call for a Commission of Inquiry to investigate the ongoing human rights violations.

MARIE GISELE SOHO, of World Association for the School as an Instrument of Peace, said it was pleased that the Human Rights Council was focused on the situation in Côte d’Ivoire. The medical coverage was almost nonexistent in the country because they had run out of stocks of medicine, in addition there was limited access to food and banks had closed down. There was regular suspension of classes and children had to migrate to other areas with more than 800,000 children that were affected by the crisis. The World Association supported the establishment of an independent Commission of Inquiry into the human rights violations in Côte d’Ivoire.

KAREN PARKER, of International Educational Development, said there were over 450,000 refugees and displaced persons, approximately 80,000 now in Liberia, who needed urgent assistance. According to France 24, Mr. Gbagbo’s forces attacked the Abobo district in Abidjan with tanks and helicopter gunships, killing at least 10 civilians. Mr. Gbagbo had defended this as anti-terrorism actions and had used mercenaries. International Educational Development urged the Working Group on mercenaries to look into this on an emergency basis. International Educational Development also urged the Council and the international community to step up their actions dramatically to protect the rights of the Ivorian people, especially their right to the Government that they elected.

TRAORE DRISSA,of International Federation for Human Rights Leagues, said that the International Federation was concerned about the security situation since the second round of elections in Côte d’Ivoire and called on the Council to make all efforts to stop the serious violation of human rights. In this context the press was subject to harassment and human rights defenders lived in fear of reprisal. They appealed to the Human Rights Council to adopt a resolution which condemned the violation of human rights in Côte d’Ivoire. International Federation underlined that appeals for hatred by the media constituted crimes that fell under the competence of the International Criminal Court.

SEKHON AWATAR SINGH, of Centre for Human Rights and Peace Advocacy, said that in Côte d’Ivoire minorities were threatened and organizations had been given a free hand to suppress minorities. Accordingly space for minority communities had been compromised.

BANDING GASSAMA, of Cause Première, said that the situation in Côte d’Ivoire was deteriorating rapidly. The situation remained very volatile and the African Union had a duty to act swiftly. The death of innocent persons should be sufficient cause for alarm and international intervention. The very real risk of civil war should be taken seriously. Cause Premiere did not understand how the Human Rights Council could ignore the atrocities caused by Laurent Gbagbo and his supporters. In closing, the speaker reiterated the need for the international community to urgently show its support and solidarity for democracy in Côte d’Ivoire.

Follow up to the Special Session on Libya

Statement by the Deputy High Commissioner for Human Rights on Libya

KYUNG-WHA KANG, Deputy High Commissioner for Human Rights, provided an oral update on the human rights situation in the Socialist People’s Libyan Arab Jamahiriya as the country continued to be gripped in violent strife. Since the fifteenth Special Session of the Human Rights Council on the situation in Libya and the Security Council resolution that had urged Libyan authorities to act with utmost restraint, respect human rights and international humanitarian law, allow immediate access to international human rights monitors and ensure the safe passage of humanitarian and medical supplies, humanitarian agencies and workers in the field, the human rights situation had continued to deteriorate with reports of intensified fighting and indiscriminate air strikes that resulted in numerous civilian injuries and deaths. The Deputy High Commissioner noted the League of Arab States had now appealed to the United Nations to impose a no-fly zone on Libya. Of utmost concern were numerous accounts received by the Office of the High Commissioner regarding cases of summary executions, rape, torture and disappearance. The Office of the High Commissioner was extremely concerned over reports of the massive circulation of weapons throughout the Libyan territory and their potential availability to any actor including children.

The Deputy High Commissioner condemned in the strongest terms what appeared to be a deliberate campaign targeting Libyan and foreign journalists. At this time, Mr. Abdel-Elah Mohamed Al Khatib, Special Envoy of the Secretary-General on Libya, was on his way to Tripoli and a senior official of the Office of the High Commissioner for Human Rights was accompanying him. The Office of the High Commissioner urged the Council and all relevant bodies of the United Nations to take all appropriate measures to stop the violence and bring a peaceful end to the conflict. Independent and impartial investigations into egregious human rights violations which reportedly were and continued to be perpetrated against the civilian population in Libya were indispensible vehicles of accountability and necessary stepping stones to the restoration of peaceful coexistence.

Discussion on Libya

ANDRAS DEKANY (Hungary), speaking on behalf of the European Union, thanked the High Commissioner for her updated report on Libya and welcomed the recent establishment of a Commission of Inquiry as stipulated in the resolution. The European Union, together with a large number of Member and Observer States of the Human Rights Council, initiated the Special Session on Libya in view of the unacceptable, and indeed, shocking human rights violations in the country. The Special Session provided a remarkable and exemplary show of unity by the Council in the face of gross and systematic human rights violations, and took important decisions on the formation of a Commission of Inquiry and on recommending the suspension of Libya from the Human Rights Council. Unfortunately, the situation on the ground had only deteriorated since then. The European Union welcomed the United Nations Security Council Resolution 1970, and the unanimous decision of the United Nations General Assembly to suspend Libya’s membership rights in the Human Rights Council. Insisting on individual criminal responsibility for crimes against humanity was an important element of the fight against impunity.

OSITADINMA ANAEDU (Nigeria), speaking on behalf of the African Group, said the African Group believed that the situation in Libya required urgent action. The African Group welcomed the decision of the 265th meeting of the Peace and Security Council of the African Union condemning in strong and unequivocal terms the indiscriminate use of force and lethal weapons by all sides resulting in the loss of life and the transformation of peaceful demonstrations into an armed rebellion. Nevertheless, the African Group saw the need for the respect of the unity and territorial integrity of Libya and rejected the notion of any foreign military intervention.

CHRISTOPHER LOMAX (United Kingdom) said the United Kingdom was appalled by the gross and systematic violations of human rights by Colonel Gaddafi and his supporters and were particularly concerned by reports of summary executions, hostage taking, arbitrary detention and torture. The United Kingdom welcomed the outcome of the Arab League’s meeting which showed that Gaddafi’s actions were not supported in the region. The United Kingdom called on Colonel Gaddafi to leave and for his regime to put an immediate end to the violence and meet the legitimate demands of its own people and it urged the Council to remain strongly engaged on this matter.

JEAN-BAPTISTE MATTEI (France) said that the situation in Libya was extremely worrying, especially the inacceptable use of force of the regime of Gaddafi towards civilians who were expressing in a legitimate way their aspirations of freedom and democracy. France had evacuated 4,200 people and had delivered humanitarian assistance operations for the central hospital of Benghazi and had devoted 3.5 million euros to help the population. The international community had to act as the atrocities committed in Libya were inacceptable. France welcomed the essential role played by the Arab League Union and the African Union and they wished to work in cooperation with them. France appealed for the full respect of the resolution of the Council and welcomed the nomination made by the President of the Human Rights Council of the members of the Commission of Inquiry. France said that this Commission had to start its mandate very swiftly and paid tribute to the courage of the Libyan people.

DANTE MARTINELLI (Switzerland) said that Switzerland condemned with the greatest vigour the violence perpetrated by the Libyan authorities against its own civilians. Switzerland welcomed the results of the Special Session of the Human Rights Council and welcomed the United Nations General Assembly’s decision to suspend Libya from the Council. In the short term, Switzerland said that the attention of the international community needed to focus on pressuring the Libyan Government to immediately cease the use of excessive force against Libyan demonstrators. Moreover, Switzerland deplored that the Libyan Government was preventing humanitarian aid convoys from reaching certain parts of the country. In conclusion, Switzerland added that the rule of law and the promotion of international human rights needed to be urgently enforced throughout the country.

EILEEN CHAMBERLAIN DONAHOE (United States) said that violence, including airstrikes against the Libyan people, was ongoing and that gross and systematic human rights violations by the Libyan Government continued at an appalling pace. The United States deplored the reports of summary executions, rapes, torture and disappearances at the hands of Gaddafi’s supporters. The United States would continue to work with its partners in the United Nations, NATO, the African Union, the Arab League and the Gulf Cooperation Council to isolate and sanction Gaddafi and to pressure him to stop the violence against his own people and the United States would work to hold accountable those who enabled these horrific attacks. The Independent Commission of Inquiry should be supported as they carried out their work and issued their recommendations. The United States appreciated the proactive and timely efforts of those mandate holders who had issued reports, the Special Rapporteur on torture, the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Working Group on enforced or involuntary disappearances, for having used their influence to identify those responsible for gross violations of human rights against the Libyan people.

BEATE STIRO (Norway) commended the rapid and unambiguous response of the United Nation to the crisis in Libya and the unanimous condemnation by the international community of the Libyan authorities’ ruthless use of violence against the civilian population. They welcomed the timely and unanimous decision of the General Assembly to suspend the membership of Libya to this Council. The international community had to continue to stand united in its opposition to the Libyan Government’s brutality and lack of respect for international law. Norway welcomed the appointment of the International Commission of Inquiry to investigate the violent suppression of protests in the country. Norway appreciated the initiatives taken by the African Union and the Arab League to help the civilian population in Libya and contributed to a lasting solution to the conflict.

MUTAZ FALEH HYASSAT (Jordan) said that in spite of the ongoing efforts of the international community to put an end to the crisis in Libya, the suffering of the civilian population continued unabated. The gravity of the situation required an urgent action that went beyond the unequivocal condemnation of the brutal attacks against civilians. In this context, it was imperative to immediately heed the request of the League of Arab States to impose a no-fly zone on Libya. This step would help to minimize the dangers facing the civilian population, thus contributing to their protection and alleviating their suffering. In the interim, Jordan reiterated its call on the Libyan authorities to ensure the safety and well-being of all civilians, including those of third countries, and to immediately end all acts of violence against them and the media. Finally, Jordan said it looked forward to a solution that fulfilled the aspirations of the Libyan people, achieved stability and promoted the democratic progress.

OSAMU SAKASHITA (Japan) said Japan strongly condemned the Libyan authorities’ continued use of armed force against the Libyan people and demanded that these acts cease immediately. The international community had sent a clear and unambiguous message to the Libyan Government through the actions of the Human Rights Council and the Security Council and the Government of Libya should immediately cease violence and respect the human rights of its citizens. Japan urged the Government of Libya to listen to the voice of its people and strongly hoped that a peaceful situation would return and that reforms would be allowed to occur.

CARLOS EDUARDO DA CUNHA OLIVEIRA (Brazil) said Brazil had joined the call for the fifteenth Special Session and had co-sponsored resolution S-15/1, and the General Assembly resolution that suspended Libya’s membership in the Council. The consensual adoption of both resolutions showed the relevance of this Council and its capability to uphold the highest human rights standards. Brazil also supported the adoption of the Security Council resolution 1970, as a means to stop the bloodshed and to protect the civilian population. They reiterated that exemptions of certain categories of individuals from the International Criminal Court jurisdiction were not helpful to advance the cause of justice and accountability. Brazil called upon all countries to respect the human rights of migrants and refugees particularly the principle of non-refoulement, and to combat discrimination or xenophobia against Libyan nationals. They congratulated the neighboring countries for their solidarity in keeping the borders open for the movement of persons.

AISHATH LIUSHA ZAHIR (Maldives) said that the Maldives was proud to be one of the co-sponsors of the fifteenth Special Session on the human rights situation in Libya. Unfortunately, despite this and other actions by the international community, most notably in the United Nations Security Council, the Libyan authorities had intensified their attacks against their own people – people who had asked for nothing more than the right to choose their own Government, speak their mind, and determine their own future. The Maldives utterly condemned the unjust and unfair war currently being waged by Muammar Gaddafi, in which he was pitting tanks, helicopters and warplanes against innocent Muslim men, women and children. The Maldives warned that if the international community did not intervene with the imposition of a no-fly zone, there was no doubt that Gaddafi would use his superior military forces to snuff out the flame of democracy in Libya and unleash terrible retribution against those who dared oppose him.

GRIGORY LUKIYANTSEV (Russian Federation) said the situation in Libya had given rise to the most serious concern. The Russian position was that there was a need for the immediate cessation of violence against the civilian population. The President of Russia had signed a decree to implement a number of restrictions against Libya. An independent objective analysis should be carried out to determine what had happened in Libya and Russia looked forward to the report of the Commission of Inquiry convened by the Council. Russia had sent aid to the region but it would not consider foreign or armed interference as the means to resolve the crisis in Libya. Any use of force against a sovereign State should only be done by the agreement of the Security Council. Russia advocated a resolution of problems in Arab countries through a broad based dialogue and was convinced that this could be done independently. Russia cited examples in the Arab region of Morocco and Algeria who had done, on their own, major political and economic reforms that were currently being carried out.

SIMON MADJUMO MARUTA (Namibia) said Namibia expressed concern at the prevailing situation in Libya. Namibia condemned the on-going violence from all parties involved in the current political situation and called for restraint in the indiscriminate use of force and lethal weapons. Namibia commended the work of the International Organization of Migration, the Office of the United Nations High Commissioner for Refugees, and the International Committee of the Red Cross in assisting those fleeing the conflict. Namibia called on the Libyan authorities to adopt and implement economic and political reforms necessary for the elimination of the causes of the current crisis.

ALISON LECLAIRE CHRISTIE (Canada) said that Canada was gravely concerned by the unfolding situation in Libya. The actions of Colonel Gaddafi and his followers had shocked and appalled Canada and the international community. The crackdown in Libya continued, with reports of mass executions, arbitrary arrests, detention, and torture of protestors. Military aircraft and tanks had reportedly been used indiscriminately, while soldiers and mercenaries fired from rooftops on unarmed civilians. Yet, even in the face of this brutal repression, the Libyan people continued to struggle for democracy and respect for human rights, at great personal risk and high cost to themselves and their families. Canada also welcomed the General Assembly’s decision to suspend Libya’s membership to the Human Rights Council. Its membership, in the aftermath of its appalling disregard for the rights of its own citizens, was an insult to everything for which this body stood for. Governments that brutalized their own people were not welcome here.

LAURA MIRACHIAN (Italy) said that in line with the conclusions of the European Council, Italy reiterated the concerns and strongly condemned the violence against civilians in Libya and requested an immediate stop of the violence. Italy was ready to support all decisions taken or to be taken in the framework of the European Union or the United Nations. Italy expected immediate investigations into the human rights violations in the country and the bringing to justice of those responsible. A national dialogue must be opened as soon as possible to bring the country towards democracy. The humanitarian situation in the country was another issue of concern and Italy stood ready to assist the population, including through the use of its military basis.

The Representative of Algeria expressed Algeria’s deep concern in light of the painful event in the friendly neighbour country Libya. They thanked the Deputy High Commissioner for her report. The Commission of Inquiry was a step that came in addition to all serious measures adopted with respect to the situation in Libya. The situation was deteriorating day after day and the flow of refugees continued and Algeria had kept their borders open to grant protection to the refugees. They had also evacuated the Algerian population in Libya for those who wished to return to Algeria. Algeria very much attached importance to humanitarian assistance and continued to provide its support and assistance to foreigners coming from Libya in the form of tents, medicines, and food. They called on Libya to stop using force. This in fact risked to make the country open to exploitation from terrorist groups and would justify foreign military intervention. Algeria hoped that the country would be able to find in the very near future peace and stability.

YAPRAK ALP (Turkey) said that Turkey was gravely concerned about the recent developments in Libya. The disproportionate use of force and the violence against civilians in the country were inacceptable. Libya must be prevented from drifting into an environment of long-term conflict and civil war. The legitimate demands of the Libyan people for reform, rights and freedoms should be met. At the same time, Turkey said that it was essential to protect the territorial integrity, independence and sovereignty of Libya. Humanitarian assistance was needed to prevent a shortage of food and medical supplies and should be provided not only to the people of Libya but also to those who were waiting at the borders with Tunisia and Egypt under very difficult circumstances. Turkey concluded by saying that if the developments in the country reached such a stage as to warrant the proclamation of a no-fly zone, the legitimacy of such a decision should be ensured through a decision taken within the framework of the United Nations.

MATJAZ KOVACIC (Slovenia) said Slovenia was following the developments in Libya with great concern and there were signs of a deepening security and humanitarian crisis in the country. Slovenia urged Libyan President Gaddafi to resign, immediately terminate all military actions and end the grave violations of human rights. Slovenia welcomed the quick and efficient convocation of the Special Session of the Human Rights Council on the urgent and grave human rights situation in Libya and the consensual and substantive outcome of the debate. The main duty of every country was to protect its citizens and if a country failed to do so or was responsible for severe human rights violations, the international community assumed responsibility. A very important part of this responsibility was to ensure individual criminal responsibility at the international level. As crimes against humanity affected not only the people of Libya but were the concern of a collective conscience, they must not go unpunished. Bearing this in mind, Slovenia welcomed the recent announcement of the Prosecutor of the International Criminal Court that he would launch an official investigation into the matter.

WALID ABU-HAYA (Israel) said that for the first time they had spoken in one voice for the Libyan people when they condemned the massacres in Libya and supported the suspension of the membership of Libya from the Council. Israel wondered whether the international community was doing enough. The humanitarian situation was getting more and more difficult every day and forces of Gaddafi were advancing towards the east of the country. Attacks against Bengazi would threaten half a million people. Israel called upon the Gaddafi regime to end the massacres and allow a transition to democracy. The international community had the responsibility to take a stand and learn from the lessons of the past and do everything it could to stop the violence against the people of Libya before it was too late.

REINHARD SCHWEPPE (Germany) said that Germany joined others in expressing its satisfaction with the clear and concise message that the Human Rights Council issued at its Special Session on the human rights situation in Libya. Nevertheless, Germany was shocked by the pictures from Libya documenting the ongoing violence against the Libyan people. In the last days, the situation in Libya had further deteriorated and many more innocent civilians had lost their lives. The use of force against the people of Libya had to end now. Germany called on the Libyan regime to embark on a process of dialogue with the Libyan people in order to allow for a transition to democracy. The European Union and Germany stood together with the people of Libya and were ready to support a process of peaceful democratization.

RICARDO EDUARDO V.P. PRACANA (Portugal) said Portugal had supported the call for a Special Session on Libya and the strong call for immediate and urgent action in view of the gross and systematic human rights violations committed by the Libyan regime. The Special Session had been an outstanding demonstration of the capacity and determination of the Human Rights Council to react urgently and to stand united in face of gross and systematic human rights violations. Unfortunately the tragic degradation of the human rights situation in Libya due to unacceptable acts of aggression required the international community to remain determined in the fight against impunity. The human rights violations in Libya could not remain unpunished and those responsible must be held accountable in the framework of international justice. Portugal therefore welcomed the establishment of the Commission of Inquiry and looked forward to its first visit to the region. Portugal was concerned about the humanitarian crisis in Libya and at its borders which was reaching worrying proportions due mainly to hundreds of thousands of foreign migrant workers who were leaving the country.

PHILIPPE DAM, of Human Rights Watch, said Human Rights Watch welcomed the appointment of three high-level experts to the Commission of Inquiry on Libya. They were concerned by the violence by Gaddafi forces. Migrants workers in Libya needed international help for evacuation and de facto authorities in Benghazi should do what they could to safeguard vulnerable persons from attacks. In Tripoli, state security forces had launched a wave of arrests and disappearances that had gripped the city with fear. The Libyan Government had blocked foreign journalists from visiting parts of Tripoli, as well as nearby areas where clashes between opposition and government forces had taken place. These serious human rights challenges justified the continued attention of this Council. The Commission of Inquiry would play a key role in instigating violations and setting the stage for investigations by the International Criminal Court.

ZIAD ABDEL TAWAB, of Cairo Institute for Human Rights, reiterated its call to the international community including governments and non government organizations present today, to provide urgent humanitarian assistance to the Libyan people and to the hundreds of thousands of foreign nationals who were still trapped in Libyan towns or were seeking refuge on the borders with Egypt and Tunisia. The request by the League of Arab States for the Security Council to carry out its prime responsibility for enforcing peace and security by imposing a no-fly zone on the movement of Libya’s air force should not be ignored. The Cairo Institute for Human Rights called upon the Council to immediately dispatch the assigned Commission of Inquiry to the eastern and western parts of Libya given the recent escalation of violence by Gaddafi’s armed forces.

RENATE BLOEM, of CIVICUS – World Alliance for Citizen Participation, said that it welcomed the Special Session on Libya and the strong unanimous outcome document. However, it was now very concerned about the ongoing precarious situation and the threats to the people of Libya who had courageously stood up against the dictatorial regime. While the shooting and bombing of innocent victims continued, CIVICUS asked the Council to call once more on the General Assembly and Security Council to immediately impose a no-fly zone over Libya, as a sign of support and hope to the people of Libya.

GIANFRANCO FATTORINI, of Movement against Racism and for Friendship among Peoples, said that it was concerned about the violence that had been perpetrated against the Libyan people, along with thousands of individuals from Sub-Saharan Africa who had been caught in the middle of this brutal conflict. The non-governmental organization was firmly opposed to the intervention of foreign military services, and pointed to the invasions of Iraq and Afghanistan as clear examples that this strategy never worked.

DELEMONTEX MARION, of Reporters Without Borders International, said they wished to inform the Human Rights Council about the violence against journalists in Libya and said that President Gaddafi did not hesitate to brutally block any reporting that contradicted the image he wanted to present to the world. With it hate speeches against journalists, the Gaddafi Government bore entire and direct responsibility for the attack on Al-Jazeera cameramen in Benghazi. Three BBC journalists were exposed to violence and humiliating treatment while detained on 7 and 8 March.

LAZARO PARY, of Indian Movement “Tupaj Amaru”, said that the awakening of the people throughout the Arab world demonstrated that colonialism, oppression and dictatorship could not last forever and would lose to the market economy. Despite hundreds of deaths, the Western countries still had not taken the initiative to call on the Human Rights Council to consider the situation. Libya was an example of double standards; the European Union and United States managed to exclude Libya from the Human Rights Council and sanctions against Libya were being adopted. Right now, consideration was being given to various options, including sending the bombers to the territory of Libya under the pretext of humanitarian causes and protection of civilians.

JULIE GROMELLON, of International Federation for Human Rights Leagues, said that the Libyan League for Human Rights expressed concern for the deteriorating human rights situation in Libya and called for a no-fly zone to guarantee the protection of the Libyan population. The International Federation for Human Rights Leagues was alarmed that the Gaddafi regime had forced migrants to fight in the rank of troops loyal to him. The Security Council had to urgently interfere with the Government of Libya to stop this practice that violated migrants’ rights and to release all who are forced in the army. They called on the Security Council to strengthen the legal protection of migrants who did not want to stay in Libya. The International Federation called upon the Commission of Inquiry to investigate all the abuses committed in Libya, including those committed towards migrants.

HILLEL NEUER, of United Nations Watch, said that United Nations Watch was shocked and appalled by the Libyan regime’s bloody and brutal repression of its own population. United Nations Watch condemned the gross and systematic violations of human rights being committed by Col. Gaddafi and his followers. These included indiscriminate armed attacks against civilians, extrajudicial killings, arbitrary arrests, and detention and torture of peaceful demonstrators. United Nations Watch urged the international community to use all available means to put an end to these crimes against humanity. They saluted the General Assembly for suspending Libya’s membership to the Council.

General Debate on Human Rights Situations that Require the Council’s Attention

ANDRAS DEKANY (Hungary), speaking on behalf of the European Union, said that across North Africa, the Middle East and beyond, people were standing up for that core human aspiration: to be able to shape ones own life and to live in freedom with dignity. The European Union supported the Tunisian people’s aspirations for a democratic transition and called on all parties to engage in an inclusive dialogue and to adopt a credible calendar for reforms. The Council needed to remain seized of developments in Libya as a matter of priority. Regarding Belarus, the European Union reiterated its demands for the immediate release and rehabilitation of all political prisons. The European Union also remained extremely concerned about the deteriorating human rights situation in Iran, particularly the dramatic increase in executions, carried out without respect for international safeguards. In this respect, the European Union deplored the systematic repression of Iranian citizens and called for the immediate release of political prisoners. The European Union remained preoccupied by the situation in Zimbabwe and recalled the importance of a peaceful process towards credible and democratic elections. Moving to Cuba, the European Union said that it was concerned about the human rights situation in that country, including the lack of respect for freedom of expression and information and for the freedom of assembly. The European Union fully supported the call to establish a specific mandate on the situation of human rights in the Democratic Republic of the Congo. The European Union also expressed profound concerns about the increasing number of acts of religious intolerance and discrimination in various countries. The European Union was strongly committed to freedom of religion or belief.

JONAS RUDALEVICIUS (Lithuania), speaking on behalf of a Group of Forty-four States, expressed deep concern about the serious human rights violations that had followed the presidential elections in Belarus in December 2010. The Group of Forty-four States strongly condemned the use of violence against peaceful protesters and the arbitrary arrests of presidential candidates, opposition activists, independent journalists and civil society representatives. In this regard, they were particularly concerned about the recent sentencing of some opposition activists to several years imprisonment for participating in the demonstrations that followed the elections in Belarus. They were persecuted by the authorities of Belarus for exercising their rights to freedom of expression and assembly. Especially worrying were reports about the use of torture on detainees. The Group of Forty-four States called on the Belarusian authorities to refrain from the use of torture or cruel, inhuman or degrading treatment or punishment. The Group of Forty-four States strongly urged the authorities of Belarus to immediately and unconditionally release and rehabilitate all persons detained on political grounds following the elections. They noted with regret the decision of the Belarus not to extend the mandate of the Organization for Security and Co-operation in Europe in Minsk and encouraged the Government to reconsider this decision.

JUAN VILAR (Spain) said that Spain supported the renewal of the mandate in Myanmar and in the Democratic People’s Republic of Korea and they also followed the situation in Iran and expressed concern at the systematic persecution of members of religious communities and supported the creation of a mandate on the human rights situation in Iran. The human rights situation in the Democratic Republic of Congo had been a concern for the Council and they were grateful for the report of the High Commissioner on Côte d’Ivoire and said that the situation there was a matter of concern. Spain was particularly concerned about allegations of extensive violations of human rights that needed to be brought to justice and urged the authorities to cooperate with the United Nations; it supported the establishment of a Commission Inquiry. Spain urged the authorities of the region to listen to the aspirations of the region and to commit to a real dialogue. With regard to the Libyan situation, they said that all the messages confirmed that the international community would not tolerate abuses. They also made reference to the human rights violations committed in Belarus and urged the authorities to allow freedom of assembly, association and opinions.

GRAHAM CLOUGH (United Kingdom) said that the United Kingdom believed that the Council should play particular attention to the continued deterioration of the human rights situation in Iran. President Ahmadinejad had hailed the Egyptian people for expressing their views about their country, while his own security forces were attacking and arresting peaceful protestors on the streets of Iran. The United Kingdom called for the immediate release of all Iranian political prisoners, including Mr. Mousavi and Mr. Karoubi. Despite the fact that Iran had not allowed any United Nations Human Rights experts to visit the country since 2005, the delegation hoped that the proposed visit by the High Commissioner would in fact take place, and that she would be given complete and unrestricted access to all areas and persons by the Iranian authorities.

In addition, the United Kingdom was increasingly concerned by the escalation in politically motivated intimidation and violence in Zimbabwe, including against serving Government Ministers, members of Parliament and civil society. The United Kingdom urged the Zimbabwean authoritirs to act in an impartial manner and to fully respect the rule of law. Finally, in closing, the United Kingdom also deplored the grave human rights abuses committed in Eritrea, Belarus and Yemen.

JEAN BAPTISTE MATTEI (France) said that France paid tribute to reforms in Morocco and Tunisia and supported the developments in Egypt. France strongly condemned the repression in Libya and the bombing by Gaddafi of civilians and cities. Those attacks could constitute crimes against humanity and must cease immediately. In Iran repression continued and there were no obvious signs of improvements. The number of deaths by execution since the beginning of the year had reached new proportions. The situation had deteriorated in Côte d’Ivoire, where the policy of hatred was being used by Mr. Gbagbo who was bringing the country to the brink of civil war. In the Democratic Republic of the Congo there was no progress in combating the impunity for violence and abuse and France called for the immediate release of all persons arrested after presidential elections in Belarus.

EILEEN CHAMBERLAIN DONAHOE (United States) said the United States called attention to a number of country situations. In Libya, where Government airstrikes against civilians had resulted in hundreds of deaths. In Iran, where arbitrary detention, torture, intimidation and violence had been used to restrict the universal rights of its citizens and where the United States called on the Council to create a Special Rapporteur on the human rights situation at this session. In the Democratic People’s Republic of Korea where there were controls on all aspects of citizens’ lives, the denial of freedoms of expression, assembly, association, religion, movement and worker rights and where the United States called on the Council to renew the mandate of the Special Rapporteur. In Syria, where the Government had tortured, arbitrarily detained and unlawfully killed it citizens, repressed political opposition and limited freedoms of association and expression. In Côte d’Ivoire, where there were forced disappearances and targeted killings. In Eritrea, which had severely restricted freedoms of expression. In Myanmar, where more than 2,100 political prisoners were held and the United States called for the renewal of the Special Rapporteur’s mandate.

BEATE STIRO (Norway) said Norway was deeply concerned about the continued incidents of violence in Côte d’Ivoire conducted by security forces close to Mr. Gbagbo, youth groups and militias following the second round of the presidential elections. The deteriorating human rights situation had led to a sharp increase in internal and cross-border refugees, with the risk of further instability in other areas. Norway appealed to both sides in the conflict to refrain from violence and to protect the civilian population and ensure that international humanitarian principles were respected. Norway noted with concern the negative developments on the human rights situation in Swaziland. Norway condemned the assassination of Minorities Minister Shahbaz Bhatti. With his death, Pakistan had lost a fearless advocate of human rights. The dire security situation in Afghanistan would require the broad participation of religious, ethnic and civil society groups, including women. The Participation of women was crucial to any durable peace process. Norway regretted having once again to voice their deep concern over the situation in Belarus, as expressed in the joint statement with which Norway was aligned. They were also concerned about developments in Azerbaijan in terms of restrictions on the freedom of expression and assembly, as demonstrated most recently through the clampdown on street protests in Baku last weekend and the arrests of several activists. The serious and systematic human rights violations in Iran were continuing. Over the past year the situation of Iranian human rights defenders had deteriorated considerably.

OSAMU SAKASHITA (Japan) said Japan was concerned about a number of countries in the Middle East and North Africa where death and injuries occurred as a result of recent events. Japan called on Governments to exercise restraint when dealing with peaceful protestors. Japan was monitoring the situation in Egypt and Tunisia where new governments had been formed. Concerning Iran, there were a number of issues to address, including freedom of expression and freedom of assembly, and the use of cruel punishment. The number of deaths and injuries during recent demonstrations was a matter of concern and Japan called upon the Government of Iran to exercise restraint when confronting peaceful demonstrations. Japan encouraged Iran to gradually implement the 132 recommendations it accepted during its Universal Periodic Review, and to develop a better relationship with United Nations Special Procedures.

FEDOR ROSOCHA (Slovakia) said Slovakia condemned the increased pressure against independent journalists, political opponents and civil society in Belarus after the December 2010 presidential elections. Slovakia demanded that the Libyan authorities provide for a peaceful transition to democracy, respect for human rights and fundamental freedoms, the rule of law, good governance and sustainable development. Slovakia was concerned about the reports of physical abuse of peaceful demonstrators by law enforcement personnel in Egypt and commended Egypt for the invitation issued to the High Commissioner for Human Rights to carry out a mission in the country. The human rights situation in Iran was of great concern and Slovakia supported a prompt establishment of the country’s mandate. Slovakia deplored the intensifying controls on Internet content in the People’s Republic of China and urged the Government to ensure the unconditional release of Noble Peace Prize laureate Liu Xiaobo.

DANTE MARTINELLI (Switzerland) said that the rights to freedom of expression and association were fundamental rights that belonged at the heart of any society and it was thanks to them that people and civil society could advance their interests, and defend their freedoms. Unfortunately, in Libya hundreds of demonstrators had lost their lives and Switzerland called on the establishment of a rule of law and on those who perpetrated these violations to be persecuted. In Belarus the situation was worrying and the Representative of the Organization for Security and Cooperation in Europe was not able to visit this country in January. Switzerland deplored the assassination of the Minister responsible for minorities in Pakistan, Mr. Bhatti, and said that he was not the only person to be killed for having opposed a law on blasphemy. However, developments in the Middle East and Northern Africa recalled that the excessive use of force by enforcement agencies could not stop the aspirations of people to participate in the political, economic and social processes.

Right of Reply

LARISA BELSKAYA (Belarus), speaking in a right of reply, said that the accusations in statements on Belarus by a group of States were inappropriate and represented double standards. Belarus said that international law guaranteed the right to peaceful assembly, but any country would deal with the authors of violence and disorder. Such statements moved the objective of dialogue in this Human Rights Council further away.

KSHENUKA SENEWIRATNE (Sri Lanka), speaking in a right of reply in response to the statement delivered by the European Union, drew the Council’s attention to the process of restorative justice with the Commission of Inquiry and the strength it drew from its mandate. The terms of reference and the Commission’s mandate should include any violation of human rights law and the Commission would be able to gather testimony from internally displaced persons. It was a universally accepted principle that countries should only give credence to international institutions when the domestic process was not under way. The Government was in the process of preparing an invitation to the High Commissioner for Human Rights to visit Sri Lanka. Sri Lanka had taken substantive measures to scale down the presence of its emergency restrictions.

SEYED MOHAMMAD REZA SAJJADI (Iran), speaking in a right of reply in response to statements by the United States and the United Kingdom, said that it was an irrefutable argument that the violation of human rights by these governments had increased. Killing civilians and establishing secret detention centres over the work were examples of violations of human rights and the United States had failed to close the Guantanamo detention centre which was the world’s most famous example of human rights violations. Iran said that one could imagine the full extent of the United States human rights violations and disrespect of internationals standards. The international community expected a real change of the attitude of the United States towards human rights law.

FELIX PENA RAMOS (Venezuela), speaking in a right of reply, said that the United States had once again displayed its usual behaviour of demonising and insulting States in this forum. It had made accusations about the deterioration of Venezuela’s democratic institutions, thus seeking to use the Human Rights Council in the same manner it was using the international media. Nobody believed what was said by the United States. Venezuela reiterated its commitment to the full enjoyment of human rights in its territory and said that in Venezuela the enjoyment of human rights and fundamental freedoms was absolute and that nobody there suffered censure, persecution or arrests based on political opinion. Venezuela asked the United States to stop with the policy of accusation of Venezuela and to live up to its promise of a new policy with Latin America, based on mutual respect and equality of the people.

ENOS MAFEMBA (Zimbabwe), speaking in a right of reply, said there was no State represented here that had a perfect human rights record. Zimbabwe would go full throttle to have total control of its resources and to overcome over a century of colonial and neo colonial human rights abuses and humiliation. Zimbabwe questioned the right of the United Kingdom and the United States to point their fingers at Zimbabwe for human rights violations when those two countries had their own share of violations. There were no sacred cows in Zimbabwe; those who broke the law should be prepared to face the consequences of breaking the law.

ISMAYIL ASADOV Azerbaijan, speaking in a right of reply in response to the delegation of Norway, said that Norway intended to mislead the international community about certain democratization processes in Azerbaijan. The rights to freedom of expression and assembly were ensured by the constitution and Azerbaijan called on the delegation of Norway to avoid double standards with regard to certain countries.

LUIS AMOROS NUNEZ (Cuba), speaking in a right of reply, said that for Cuba, the United States and the European Union did not have moral authority to judge or speak about Cuba in terms of human rights. Their own list of human rights violations was long enough that it had deprived them of any authority to speak on the matter. The case of Wikileaks had shown the total hypocrisy of those countries and their opposition and understanding of freedom of expression. No one had made the slightest reference to secret prisons and secret flights and the crimes committed. There was a full silence concerning the establishment of the military court in the occupied territory of Cuba.

JIANG YINFENG (China), speaking in a right of reply, said it had always held the view that all countries should resolve human rights issues in a spirit of cooperation. This afternoon the European Union, the United States and Slovakia had made statements against China that lacked objectivity and fairness and the Chinese delegation expressed deep regret about this and rejected these statements. In the human rights field, the United States and the European Union should not adopt an attitude of confrontation but should engage in dialogue. With regard to Liu Xiaobo in Slovakia’s statement, China found it regretful that the delegate knew nothing of his crimes which were incitement to subversion of state power and the Chinese judicial system sentenced him based on this crime. No country would allow any acts of violations of state laws and the question of Liu Xiaobo had nothing to do with the question of the freedom of fundamental rights. China firmly opposed the use of Liu Xiaobo to engage in illegal acts in China and to intervene in the sovereign legal rights of the Chinese Government.

 

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For use of the information media; not an official record