Council holds dialogue on Côte d'Ivoire and general debate on country reports by the High Commissioner and Secretary-General

Human Rights Council
MORNING 21 March 2012

The Human Rights Council this morning held an interactive dialogue on the report of the Independent Expert on the situation of human rights in Côte d’Ivoire and then started its general debate on country reports presented by the Office of the High Commissioner for Human Rights and the Secretary-General.

Doudou Diene, the Independent Expert on the situation of human rights in Côte d’Ivoire, said the long-lasting roots of the crisis in the country were based on the fight for political power to the detriment of human rights, the relationship between political structure and ethnicity and rural land policy which constituted a ticking time bomb, and the predominance of a culture of impunity and lawlessness at all levels of power. One of the principal causes of insecurity was the fact that irregular troops were not being integrated into the army. Priority had to be accorded to the question of reform in the security sector and, notably, the disarmament, demobilization and reintegration of former rebels.

Côte d’Ivoire, speaking as the concerned country, said that the country had experienced rapid, positive changes as it emerged from the crisis and in order to reduce tension, the Government had taken strict measures to confine to barracks and reform the troops of the Republican Forces who had participated in the conflict. The National Commission of Inquiry would soon report on its findings; the Dialogue, Truth and Reconciliation Commission was working at the grass roots level; and individuals who had committed offences and human rights violations were now before the courts.

In the interactive dialogue on Côte d’Ivoire, speakers commended the Government for its willingness to take concrete steps to promote human rights and for its continued engagement with the Council’s mechanisms. Human rights must play a central role in the process of recovery, reconciliation, reform and peace-building in Côte d’Ivoire. Speakers said efforts to establish transitional justice and to fight impunity were carried out impartially and independently and would be vital for the return of internally displaced persons and national reconciliation. Speakers called on the international community to provide constructive technical and financial assistance to Côte d’Ivoire.

Speaking in the interactive dialogue on Côte d’Ivoire were Senegal on behalf of the African Group, the European Union, Canada, United Kingdom, Maldives, United States, Morocco, Switzerland, Nigeria, Australia, France, Burkina Faso and China. United Nations Children’s Fund also spoke.

The following non-governmental organizations also spoke on Côte d’Ivoire: Femmes Africa Solidarité, Human Rights Watch, International Federation for Human Rights Leagues, United Nations Watch and the Democracy Coalition Project.

Kyung-wha Kang, United Nations Deputy High Commissioner for Human Rights, introducing the country reports by the High Commissioner and the Secretary-General, said that the report of the High Commissioner on the activities of her Office in Guatemala reiterated the importance of a comprehensive, rights-based response to widespread violence and insecurity affecting the country, and to curtail impunity. In her report on Bolivia, the High Commissioner noted the progress made in the elimination of racism and discrimination but noted important gaps remained to be overcome, such as combating impunity; addressing the deepening crisis in the administration of justice; and improving the situation of highly vulnerable indigenous peoples, particularly the Guaraní people.

The High Commissioner’s report on Colombia highlighted significant developments in relation to transitional justice but raised concerns regarding the increased violence generated by criminal gangs which emerged after the demobilization of paramilitary organizations. The High Commissioner regretted that her Office in Nepal was closing, following the decision of the Government to terminate its mandate, while significant elements of the peace process, relevant to human rights, remain unresolved.

On the question of Cyprus, the High Commissioner highlighted in her report human rights concerns in Cyprus and expressed hope that the current efforts by the Greek Cypriot and Turkish Cypriot leaders to achieve a comprehensive settlement of the Cyprus problem would provide avenues to improve the human rights situation on the island. The report of the Secretary-General on the situation of human rights in Iran reflected the patterns and trends in the human rights situation in Iran including the death penalty, torture, women’s rights and the rights of minorities. It expressed great concern about the significant increase in executions, including in public, and highlighted the intensified crackdown on media professionals, human rights defenders and lawyers ahead of the parliamentary elections of 2 March 2012.

Speaking as concerned countries were Bolivia, Colombia, Cyprus, Guatemala, Iran and Nepal.

Bolivia said evidence of Bolivia’s commitment to human rights was shown by the elections that took place to fill judgeships in the Constitutional Court, the Supreme Court and other courts. Colombia said any analysis had to bear in mind that efforts to safeguard human rights were taking place in a country without full peace. Cyprus said the right to property should be fully recognized and lawful owners should be given the right to choose whether to retain, exchange or be compensated for their properties. Guatemala said the fight against violence had a huge cost on the Government which was required to allocate considerable resources to combat it. Iran said the resolution of the General Assembly mandating the Secretary-General to submit the report to the Council had been a result of political ambition of certain countries and had been voted against by Iran and a number of other Member States. Nepal said the peace process and constitution writing had gained new momentum. Most of the issues incorporated into the new constitution had been agreed upon. Dialogue was ongoing with respect to outstanding issues.

In the general debate on the reports of the High Commissioner and Secretary-General, speakers noted that despite the adversary context, the Office of the High Commissioner for Human Rights continued to address new challenges and respond to the growing demands set by the Human Rights Council. Speakers regretted the closing of the High Commissioner’s Office in Nepal and called on the authorities to step up efforts in the fight against impunity and to adhere to the treaties and conventions to which it was a party. Speakers supported the implementation of the Victims and Land Restitution Law in Colombia and urged the Government to establish a special unit to investigate crimes related to the process of land restitution. Speakers noted the humanitarian challenges in Yemen which stemmed from an increasing number of refugees and said citizens should be able to engage in peaceful political expression without the threat of violence. Speakers called for a resolution of the matter of internally displaced persons in Cyprus and hoped that the two communities would continue their negotiations with patience to find a mutually acceptable solution as soon as possible.

Speaking in the general debate were Switzerland, the Russian Federation, Norway, China, Spain, Armenia, Greece, United Kingdom and Turkey. The Network of African National Human Rights Institutions and the Australian Human Rights Commission also spoke.

The Council today is holding a full day of meetings from 9 a.m. to 6 p.m. During its midday meeting, the Council will hold an annual thematic discussion on ‘Sharing best practices and promoting technical cooperation: paving the way towards the second cycle of the Universal Periodic Review’. At 3 p.m., the Council will conclude its general debate on the reports of the Office of the High Commissioner and the Secretary-General, and will then hold a general debate on technical cooperation. The Council might also start to take action on draft decisions and resolutions before it.

Documentation

The Council has before it the Report of the Independent Expert on the situation of human rights in Côte d’Ivoire, Doudou Diène (A/HRC/19/72).

Statement by the Independent Expert on the Situation of Human Rights in
Côte d’Ivoire

DOUDOU DIENE, Independent Expert on the situation of human rights in Côte d’Ivoire, said the human rights situation in Côte d’Ivoire needed to be described based on the following facts: the historically deep-rooted political crisis, the extreme and grave nature of massive human rights violations, a culture of violence that held in all sectors of society and the moral and political responsibility of political actors since independence. The long-lasting roots of the crisis were based on the fight for political power to the detriment of human rights, the relationship between political structure and ethnicity and rural land policy which constituted a ticking time bomb, and the predominance of a culture of impunity and lawlessness at all levels of power. One of the principal causes of insecurity was the fact that irregular troops were not being integrated into the army. Priority had to be accorded to the question of reform in the security sector and, notably, the disarmament, demobilization and reintegration of former rebels. Building multiculturalism which was democratic, equality-based and interactive, was required. The fragility of political pluralism lay at the very heart of the political crisis in Côte d’Ivoire. A holistic approach to human rights was required, as was support for the dialogue, truth and reconciliation commission, which would be decisive if the society was to rebuild and work together. Mr. Diene suggested the creation of a high–level meeting on the question of impunity, in cooperation with the African Human Rights Commission and the International Commission of Jurists.

Statement by Côte d’Ivoire as the Concerned Country

Côte d’Ivoire, speaking as the concerned country, said that Côte d’Ivoire had experienced rapid, positive changes as it emerged from the crisis and in order to reduce tension, the Government had taken strict measures to confine to barracks and reform the troops of the Republican Forces who had participated in the crisis. The Government worked on a daily basis to protect children from exploitation and any form of hard labour. There had been a drastic reduction in checkpoints and roadblocks across the country. Some recommendations in the report were already being implemented, including protecting the rights to education and health with targeted free health care for mothers and children. The National Commission of Inquiry would soon report on its findings; the Commission for Truth, Reconciliation and Dialogue was working at the grass roots level; and individuals who had committed offences and human rights violations were now before the courts. The Government welcomed the involvement of the international community to assist the people of Côte d’Ivoire to be able to live in a State governed by the rule of law.

Interactive Dialogue with the Independent Expert on the situation of human rights in Côte d’Ivoire

Senegal, on behalf of the African Group, wished to encourage the Government of Côte d’Ivoire to continue to promote and protect human rights, with substantial support from the international community. The African Group subscribed to the recommendations provided by the Independent Expert. Mechanisms set up by the authorities seemed to operate effectively, particularly with respect to post-conflict justice and impunity. The African Group noted the plan for socio-economic development recovery for young people and women, groups which had paid a heavy price during the crisis.

European Union said the Independent Expert considered the elections in December as an important step toward normalization. The traditional justice established by the authorities had to be expanded to meet the needs for reconciliation, particularly for the Commission for Truth and Reconciliation. The European Union asked what steps could be advocated to combat sexual violence against women and how cooperation could be envisaged. What were the plans for implementing the recommendations in the report? The European Union asked whether there had been developments with respect to the humanitarian and security situation in the last two months.

Canada congratulated the Government for its willingness to take concrete steps to promote human rights. Canada reiterated its position that all those responsible for human rights violations had to be held responsible. With respect to refugees, Canada encouraged the country to ensure respect for the human rights of refugees. Canada asked the Independent Expert for further information about the steps taken by the Government to combat sexual violence. Also, given that fair and free elections were fundamental to democracy, how would the Independent Expert evaluate the situation in Côte d’Ivoire?

United Kingdom said that transitional judicial and non-judicial justice mechanisms in Côte d’Ivoire must be preserved and should be impartial and independent. The work of the International Criminal Court in the country should prosecute the perpetrators of human rights violations, regardless of their political, regional, religious or tribal affiliations.

Maldives said that human rights must play a central role in the process of recovery, reconciliation, reform and peace-building in Côte d’Ivoire. What were the main challenges that faced the Dialogue, Truth and Reconciliation Commission and what international support was being and should be extended to that process, especially building on the experience of other post-conflict countries?

United States said that Côte d’Ivoire’s continued engagement with the Council’s mechanisms allowed the Council to contribute positively to the task of reconciliation and had provided a model for working with the Council. The Government must make progress in implementing security sector reform as a peace building activity; combating impunity by all parties to the conflict; and building the capacity of the judiciary.

Morocco congratulated the Government and its President on the holding of legislative elections in December under good conditions as confirmed by observers. This marked an important step towards normal conditions. Morocco noted the commitment of the Government to human rights and transitional justice through its national dialogue on truth and reconciliation. It was important to get the economy going again, as it had been hindered by sanctions imposed by the international community. International financial institutions and bilaterally partners should provide support to economic development.

Switzerland was convinced that if efforts to establish transitional justice and fight impunity were carried out impartially and independently, they would be vital for the return of internally displaced persons and national reconciliation. Switzerland asked the Independent Expert how the Dialogue, Truth and Reconciliation Commission could address the root causes of the crisis. How should reparations and the non-repetition of human rights violations be effectively guaranteed? What concrete measures could be adopted in order to support reform of the security sector.

Nigeria found the Independent Expert’s discussion of the challenges of identity, security, economic recovery and combating impunity in Côte d’Ivoire to be a useful preface to the in-depth analysis of the human rights situation in the country. Nigeria was pleased to note that the Independent Expert met with political leaders outside the ruling Rassemblement des Republicains, as well as representatives of civil society. The broad-based consultation added weight to the report. Nigeria welcomed the establishment of the Dialogue, Truth and Reconciliation Commission.

Australia commended Côte d’Ivoire’s prioritization of economic recovery and commitment to transparent governance. The international community should increase its involvement in Côte d’Ivoire by supporting the ongoing democratic process; providing assistance to the Dialogue, Truth and Reconciliation Commission; strengthening the judiciary and security apparatus; and actively contributing to the economic recovery of the country.

France asked how the Government had responded to the recommendation of the Dialogue, Truth and Reconciliation Commission to publish a white paper on human rights violations committed between 2002 and 2010. What role could the High Commissioner or the Independent Expert play in promoting this initiative?

Burkina Faso said that the report of the Independent Expert had contained positive elements in the efforts made by the Government of Côte d’Ivoire to implement proposed recommendations. The cooperation of the Government with the Independent Expert had been exemplary and the international community should provide the country with all the technical assistance it required.

China commended the fact that the Government of Côte d’Ivoire had received the visit of the Independent Expert twice and provided conditions to facilitate the work of the Independent Expert. Côte d’Ivoire faced challenges in rebuilding peace and economic development. China hoped the international community could provide constructive technical and financial assistance to Côte d’Ivoire. China looked forward to a continued relationship with Côte d’Ivoire and, within its means, providing further support for truth and reconciliation in the country.

United Nations Children’s Fund said women and children were the first victims of the post-election crisis. Over 1,800 cases of violence against women and children were documented during the crisis. Only 11 per cent of cases were prosecuted in court. Health centres and schools were damaged, pillaged and destroyed. Almost 800,000 children were deprived of the right to education. The question of identity remained at the centre of national peace and reconciliation. Approximately 3.5 million people had no documentation to prove their legal existence and only half of births were registered.

Femmes Africa Solidarité was concerned about the security situation, impunity, violence against women and difficulties related to access to justice. Rape was now commonplace. The existing legal framework should be applied to combat impunity. Free legal aid should be provided and an information campaign should be launched.

Human Rights Watch expressed concern about the insufficient analysis of justice meted out in the report of the Independent Expert. Given the promises of impartial justice given by the President, there was a need to explain why the prosecutor had not received the required support and resources. The partial justice prevailed despite the evidence of crimes against humanity and war crimes committed by both parties in Côte d’Ivoire.

International Federation for Human Rights Leagues was concerned about persistent human rights violations in Côte d’Ivoire and called upon the Government to ensure that the restoration of security was a priority. There was a need to establish a mechanism for receiving victims’ complaints.

United Nations Watch expressed great concern about sexual violence against women in Côte d’Ivoire perpetrated by men in uniform. Exploitation was prevalent in the form of child labour as many children were unable to attend school. What were the measures that could bring an end to the violence against women and restore their basic security?

Democracy Coalition Project said that the report of the Independent Expert gave the global picture of human rights violations committed by both parties to the conflict in Côte d’Ivoire, but it did not set any priorities for the implementation of recommendations. Insecurity was prevalent nationwide because of weapons proliferation and the irresponsible behaviour of the army forces.

Concluding Remarks by the Independent Expert on the human rights situation in Côte d’Ivoire

DOUDOU DIENE, Independent Expert on the situation of human rights in Côte d’Ivoire, in concluding remarks, said support and assistance from the international community was vital. The deep laying historical nature of the crisis must be recognized as the seeds had been sown at least 10 years prior and therefore long-term action by the Government and international community was required. The mandate of the Truth, Reconciliation and Dialogue Commission was weakened by a lack of justice and it was vital to ensure that the operations of the Commission should include a reference to justice. The concept of truth could be defined at three levels: establish the facts and what crimes were committed; establish those who were responsible for the violations; and discover and analyze the underlying causes. The people of Côte d’Ivoire had to face the truth and that was why a white paper was crucial because it provided a shared memory that could be taken up by all people in the country. Concerning continued gender based violence, the Independent Expert said there should not only be measures to sanction such acts but also to prevent them from occurring. The fragile soft spot in the current crisis was the lack of an ethical vision by political leaders and that was why there was a need for a democratic charter on ethical principles to underline political behaviour. A high-level meeting in the next two months should occur on impunity. Long-term decisions should place political pluralism at the heart of democratic reconstruction.

Documentation

The Council has before it the report of the High Commissioner on the question of human rights in Cyprus (A/HRC/19/22)

The Council has before it the report of the Secretary-General on the situation of human rights in Iran (A/HRC/19/82)

The Council has before it an addendum to the annual report of the High Commissioner, on the activities of her office in Guatemala (A/HRC/19/21/Add.1)

The Council has before it an addendum to the annual report of the High Commissioner, on the activities of her office in Bolivia (only available in Spanish: A/HRC/19/21/Add.2)

The Council has before it an addendum to the annual report of the High Commissioner, on the situation of human rights in Colombia (A/HRC/19/21/Add.3)

The Council has before it an addendum to the annual report of the High Commissioner, on the human rights situation and the activities of her office, including technical cooperation, in Nepal (A/HRC/19/21/Add.4)

Introduction of the Country-Related Reports of the Secretary-General and the High Commissioner for Human Rights

KYUNG-WHA KANG, United Nations Deputy High Commissioner for Human Rights, said that the report of the High Commissioner on the activities of her Office in Guatemala reiterated the importance of a comprehensive, rights-based response to widespread violence and insecurity affecting the country, and to curtail impunity. It underlined the need for profound structural reforms to eradicate racism and discrimination against indigenous peoples, and addressed their collective rights to land and territories. Other issues of concern included the high level of femicide and other violence against women, the denial of sexual and reproductive rights, and persistently high rates of malnutrition in rural and low income families.

In her report on Bolivia, the High Commissioner noted the progress made in the elimination of racism and discrimination and reflected advances in the field of economic and social rights, including the reduction of child and maternal mortality and of chronic malnutrition of children. Important gaps remained to be overcome, such as combating impunity; addressing the deepening crisis in the administration of justice; and improving the situation of highly vulnerable indigenous peoples, particularly the Guaraní people. Continued violence against women, violations of the rights of detainees, the situation of human rights defenders and restrictions on freedom of expression remained areas of concern.

The High Commissioner’s report on Colombia highlighted significant developments in relation to transitional justice and the proposal for the first agrarian reform. The report raised concerns regarding the increased violence generated by criminal gangs which emerged after the demobilization of paramilitary organizations.

The High Commissioner regretted that her Office in Nepal was closing, following the decision of the Government to terminate its mandate, while significant elements of the peace process, relevant to human rights, remain unresolved. This included addressing impunity for violations; establishment of transitional justice institutions; clarifying the fate of those disappeared during the conflict; and protecting human rights defenders.

On the question of Cyprus, the High Commissioner highlighted in her report human rights concerns in Cyprus and expressed hope that the current efforts by the Greek Cypriot and Turkish Cypriot leaders to achieve a comprehensive settlement of the Cyprus problem would provide avenues to improve the human rights situation on the island.

The report of the Secretary-General on the situation of human rights in Iran reflected the patterns and trends in the human rights situation in Iran including the death penalty, torture, women’s rights, and the rights of minorities. It expressed great concern about the significant increase in executions, including in public, and highlighted the intensified crackdown on media professionals, human rights defenders and lawyers ahead of the parliamentary elections of 2 March 2012. The report highlighted noteworthy developments, and noted that the new Islamic Penal Code, adopted in January 2012, omitted the penalty of stoning and reduced the range of offences for which the death penalty may be applied against juveniles, although other areas of concern remained.

Statements by the Concerned Countries

Bolivia, speaking as a concerned country, said evidence of Bolivia’s commitment to human rights was shown by the elections that took place to fill judgeships in the Constitutional Court, the Supreme Court and other courts. Now judges were elected by the people and served the people, unlike in the past. Bolivia appreciated that the Office of the High Commissioner commended the prosecution of persons responsible for the deaths of protestors in 2003, some of which were former State authorities. The report valued Bolivia’s efforts to reduce poverty, which had made considerable progress. The rate of extreme poverty was reduced from 38 per cent in 2005 to 26 per cent in 2009. Further progress had been made in the pursuit of all human rights for all men and women.

Colombia speaking as a concerned country, expressed solidarity with the 11 soldiers murdered by the Revolutionary Armed Forces of Colombia (FARC) and echoed the national protest and appeal of the Office of the High Commissioner to release all abducted persons. Any analysis had to bear in mind that efforts to safeguard human rights were taking place in a country without full peace. The Victims and Land Restitution Act reflected the will of the Government to make progress toward peace and reconciliation. The process of consultation had provided a sense of satisfaction to the victims. The Government was aware of the related challenges, including those calling for the return of their lands. The Government expressed dissatisfaction with the assertion in the report that extrajudicial executions had not been totally eradicated and respectfully deferred from what was stated.

Cyprus, speaking as a concerned country, said the report’s original mandate had been adopted in 1975 by the Commission of Human Rights in the aftermath of the Turkish invasion of 1974. Thirty-seven years later, 40 per cent of the population was unable to return to their homes in safety due to the continuing presence of foreign troops and the resultant forced division of the island. In the last few years through the work of a Tripartite Committee on Missing Persons, significant work had been done to collect information, exhumations, identification and return of remains to families. On displaced persons, the report had pointed out that Cyprus was still considered to have the highest proportion of internally displaced persons. The right to property should be fully recognized and lawful owners should be given the right to choose whether to retain, exchange or be compensated for their properties. Cyprus was concerned that the exercise of religious worship was seriously controlled and restricted in the northern areas not under the effective control of the Government both for the small community of Greek Cypriots that remained as well as the displaced communities. Only the withdrawal of foreign troops would achieve a comprehensive solution of the Cyprus problem and an effective remedy to the massive forced displacement and other deprivations of human rights.

Guatemala, speaking as a concerned country, said the recent visit of the High Commissioner for Human Rights had allowed her to meet the new Government and representatives of State bodies and civil society and to see first hand the efforts being made to respect and promote human rights. Despite progress made, there were challenges that remained in security, justice, the right to life, the fight against impunity and poverty, and the right to food. The causes of high instances of violence were related to international crime, drug trafficking and trafficking in persons. The fight against violence had a huge cost on the Government which was required to allocate considerable resources to combat it. A number of recommendations in the report were being implemented including the ratification of the Rome Statue. The Government would extend the mandate of the International Commission against Impunity. A Ministry of Social Development had been established. In 2012, provisions were approved to strengthen the tax system. The Government was committed to promoting human rights and peace in Guatemala.

Iran, speaking as a concerned country, said that the resolution of the General Assembly mandating the Secretary-General to submit the report to the Council had been a result of political ambition of certain countries and had been voted against by Iran and a number of other Member States. It represented an unfortunate manipulation of the United Nations human rights system. Producing two identical reports, one by the Special Rapporteur and another by the Secretary-General, was procedurally wrong and rationally unjustifiable. The reporting process on human rights situations should be a healthy mechanism and the Council should not allow its reporting process to be manipulated by some countries. The report of the Secretary-General was not inclusive and tended to turn a blind eye to a number of achievements and positive developments in the country. Iran had always manifested its sincere commitment to the promotion and protection of human rights nationally and internationally which emanated from the provisions of the Constitution and the international instruments to which Iran was a party. Notwithstanding the strong criticism of the Secretary-General’s report, Iran would continue its efforts to promote human rights for a happier, brighter and more prosperous nation.

Nepal, speaking as a concerned country, said the peace process and constitution writing had gained new momentum. Most of the issues incorporated into the new constitution had been agreed upon. Dialogue was ongoing with respect to outstanding issues. Nepal had adopted an exemplary plan to implement the recommendations of the Universal Periodic Review. The national human rights institution enjoyed independence as well as functional and financial autonomy. Any form of censorship was forbidden. The Government had generously provided shelter to a large number of refugees on humanitarian grounds. It had been a longstanding policy, however, to not allow the use of its territory for hostile actions against other countries. Acts of enforced disappearances and extra-judicial executions were strictly outlawed. The democratic transition in Nepal, as elsewhere in the world, was a complex and multifaceted process which needed constructive support from the international community.

General Debate on Reports of the Office of the High Commissioner for Human Rights and the Secretary-General

Switzerland said that in Colombia the authorities faced important human rights challenges regarding peasants, indigenous people and human rights defenders. Switzerland regretted the closing of the High Commissioner’s Office in Nepal and called on the authorities to step up efforts against impunity. In the Democratic Republic of the Congo, a weak judiciary and security forces was of concern as well as the large number of cases of sexual violence. In Yemen, citizens should be able to engage in peaceful political expression without the threat of violence.

Russian Federation called for a resolution of the matter of internally displaced persons in Cyprus and said there was a need to protect the religious freedom of minorities as highlighted in the report. The international community should continue its engagement on the situation of human rights in Cyprus.

Norway supported the implementation of the Victims and Land Restitution Law in Colombia and urged the Government of Colombia to establish a special unit to investigate crimes related to the process of land restitution. Norway was concerned about the humanitarian challenges in Yemen; in order to stabilize the situation it was necessary to tackle the fundamental problems in society which stemmed from an increasing number of refugees and water shortages.

China took note of the report on the human rights situation in Cyprus and expressed its concern about the right to life, to property, and to cultural life in this country. The question of Cyprus should be settled in a peaceful manner in accordance with the relevant United Nations resolutions. China hoped that the two communities would continue their negotiations with patience to find a mutually acceptable solution as soon as possible.

Spain said despite the adversary context, the Office of the High Commissioner for Human Rights continued to address new challenges and respond to the growing demands set by the Human Rights Council. Spain was aware of the need to increase resources of the Office and added that the Council should prioritize and rationalize those demands. Spain commended the Office for its work on strengthening treaty bodies, activities in the field, especially in Tunisia and Cairo, and on the death penalty.

Armenia said that in Cyprus, one of the most important issues remained the question of missing persons and one could only wish that the Turkish authorities showed more cooperation with the Committee for Missing Persons. Important issues of property rights needed to be addressed openly and sincerely and the rightful owners should be given the right to choose what to do with their property.

Greece said the report had overlooked the root cause of the problem on Cyprus, which was the Turkish occupation of 37 per cent of the island. Around 28,000 Greek Cypriots were denied their rights to live in their ancestral homes and many families still had no knowledge of the fate of their relatives who had been missing since the invasion. Turkey must facilitate an effective and all around investigation of the fate of those who disappeared during the 1974 Turkish invasion.

United Kingdom was concerned that the proposal to grant a general amnesty for serious crimes in Nepal would not meet international standards of justice. The Government of Nepal should adhere to the treaties and conventions to which it was a party, and uphold the rights of Tibetans residing in Nepal, including the freedoms of religion, expression and assembly.

Turkey said the report on the question of human rights in Cyprus had not addressed the issue of the isolation of the Turkish Cypriots. Inhumane and unnecessary isolation imposed upon them constituted the most flagrant human rights violation on the island. A serious shortcoming of the report was the discrimination and racism against Turkish Cypriots and the repeated cases of ill-treatment of the Turkish Cypriot people by the Greek Cypriot side.

Network of African National Human Rights Institutions brought to the attention of the international community the unfortunate events in Malawi, where the Chairperson of the Commission had been incarcerated by the State, while the Chairperson in Togo had been forced to seek refuge in France after releasing a report that the Government considered unfavourable.

Australian Human Rights Commission expressed its concern over the arrest of the Chairperson of the Commission in Malawi, which was the latest in a series of incidents that pointed to the deteriorating situation of human rights defenders in Malawi. The Government of Malawi should acknowledge the essential role of human rights defenders by promoting a safe environment for their work and by promptly investigating any alleged attacks against them.

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For use of information media; not an official record