Human Rights Council concludes General debate on the promotion and protection of all human rights and interactive dialogue on Libya

Human Rights Council
MORNING 12 March 2012

The Human Rights Council this morning concluded its general debate on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, and its interactive dialogue with the Commission of Inquiry on Libya.

In the general debate on the promotion and protection of all human rights, speakers condemned alleged violations of human rights in a number of countries. The following non-governmental organizations took the floor in the general debate: Liberation, Asian Indigenous and Tribal Peoples Network, Centre for Human Rights and Peace Advocacy, Maarij Foundation for Peace and Development, and Indian Council of South America.

The Holy See and China spoke in right of reply.

In its interactive dialogue with the Commission of Inquiry on Libya, speakers were concerned about human rights violations committed by all sides and urged a fair and equal enforcement of the law.
They were encouraged that the interim Government in Libya had established the National Council on Civil Liberties and Human Rights and the National Fact-Finding and Reconciliation Commission under the Transitional Justice Law. All serious human rights violations should be investigated and those who had committed them must be held accountable. The President of the Commission of Inquiry was asked to comment on the investigation process. How could Libya best ensure that the investigations met international standards and what mechanism could ensure the implementation of recommendations of the Commission of Inquiry. Speakers encouraged the international community and all mechanisms of the Human Rights Council to support Libya in facing difficult challenges and to achieve the people’s democratic aspirations.

Speaking in the interactive dialogue were Japan, Malaysia, Jordan, China, New Zealand, Tunisia,
Kyrgyzstan, Morocco, Germany, Algeria, Saudi Arabia, Nigeria, Poland, Switzerland, United Arab Emirates, Slovakia, India, Canada, and Norway.

The following non-governmental organizations also took the floor: International Educational Development, Human Rights Watch, Cairo Institute for Human Rights Studies, Amnesty International, and Reporters without Borders.

The Council today is holding a full day of meetings from 9 a.m. to 6 p.m. At 10:30 a.m., it started its separate interactive dialogues with the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea, the Special Rapporteur on the situation of human rights in Myanmar, and the Special Rapporteur on the situation of human rights in Iran.

Continuation of General Debate on the Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, Including the Right to Development

Liberation said that in India women were subject to significant violence: a crime was recorded against women every 3 minutes and 50 per cent of women suffered from domestic violence. The Government should develop a strategy to tackle violence against women with a focus on minority women.

Asian Indigenous and Tribal Peoples Network, speaking in a joint statement, said there were massive and significant cases of arbitrary detention of Tibetans. There should be a monitoring of State compliance with international commitments as recommended by the Working Group on arbitrary detention.

Centre for Human Rights and Peace Advocacy said that an increase in urban poverty required policies to address the challenges of the urban poor, especially in India. Nearly 3 million or 7 per cent of the population of India lived in slums without access to safe water, education and health services.

Maarij Foundation for Peace and Development said the situation of children kidnapped by armed persons in Southern Kordofan was an important manner which required consideration by the Council. The Foundation expressed concern about the medical experiments conducted on Palestinian prisoners, which were human transplant experiments done without their consent.

Indian Council of South America said the United States, Canada and several other countries had not recognized and implemented the right to self-determination, causing human rights violations. The Tipni situation in Bolivia had to be solved with consideration of the right to self-determination.

Right of Reply

Holy See, speaking in a right of reply, said the Holy See was accused of not presenting its report and not giving any explanation with regard to sexual abuse of children. The Holy See wished to underline that these statements did not correspond to the truth. The Holy See had some time ago presented its report to the Committee on the Rights of the Child and presented measures taken to protect the rights of children.

China, speaking in a right of reply, said it categorically rejected the accusations made by the Asian Indigenous Tribal People’s Network. The Government had always been against forced or arbitrary detention; criminals were dealt with by judicial organs and according to the rule of law. China had developed and implemented ethnic religious policies to ensure freedom of religion and ethnic tolerance. China said that the human rights situation in Tibet was currently in its best period.

Continuation of Interactive Dialogue with the Commission of Inquiry on Libya

Japan welcomed the reinstatement of Libya to the Human Rights Council and called on the interim Government to cooperate with all human rights mechanisms. Japan was concerned about human rights violations committed by all sides and urged a fair and equal enforcement of the law. There was a need to promote and protect women’s rights and to hold the Constituent Assembly election in June in a free and fair manner.

Malaysia was encouraged that the interim Government in Libya had established the National Council on Civil Liberties and Human Rights and the National Fact-Finding and Reconciliation Commission under the Transitional Justice Law. All serious human rights violations should be investigated and those who had committed them must be held accountable.

Jordan said the first steps towards a new era of human rights and fundamental freedoms were demonstrated by the Libyan Government’s preparations for the first parliamentary elections. Jordan supported the measures taken by the Government to integrate the Qadhaffi forces into the security services and its implementation of the rights of detainees by fighting torture and mistreatment. The Government had stated its intention to investigate violations of human rights.

China said at the moment a political transition in Libya had started, towards which much progress had been made. Libya was still healing the wounds of war and working to restore order. China respected the choice of the Libyan people and hoped the Libyan Government would bring about an inclusive political process, a path towards development, societal harmony and national reconciliation at an early date.

New Zealand said Australia had condemned the gross and systematic violations of human rights in Libya and supported the creation of the Commission of Inquiry. Australia asked the President of the Commission of Inquiry to comment on the investigation process and queried how Libya could best ensure that the investigations met international standards. Also, Australia asked the President to comment further on what a mechanism to ensure the implementation of the recommendations could look like.

Tunisia welcomed the establishment of the institutions of a modern state in Libya. Tunisia was ready to cooperate with the interim Government and encouraged the international community and all mechanisms of the Human Rights Council to support Libya in facing the difficult challenges and to achieve the people’s democratic aspirations.

Kyrgyzstan said the commitment to human rights demonstrated by the interim Government of Libya through the establishment of new institutions was encouraging; however, there were gaps in the existing judicial legislation. The international community should assist Libya in the establishment of an independent judiciary.

Morocco said there had been positive cooperation on behalf of the transitional Government in Libya including efforts made to create a human rights institution based on the Paris Principles. The High Commissioner for Human Rights should visit Libya. Since 2011 Morocco had assisted the Libyan people and had welcomed a group of medical doctors from Libya.

Germany said human rights violations had been committed by all parties in the Libyan conflict. The Council had to consider all human rights violations. Germany supported the Commission’s recommendation to establish a mechanism to support the Government’s delivery on public commitments and implementation of recommendations. Germany asked what steps or mechanisms could provide the most consistent help for implementing the recommendations of the Commission. What would be the first steps towards establishing an independent judiciary in Libya?

Algeria said Algeria had been watching very closely the tragic events and loss of life in Libya, which had had grave impacts on the prosperity to the region. Algeria welcomed the institutional changes and wished every success to the Libyan people. Algeria expressed support for the draft resolution tabled by the Group of Libya under item 10 of the agenda. Algeria wished stability and territorial integrity would be restored.

Saudi Arabia said the report of the Commission of Inquiry confirmed that flagrant violations of human rights were committed by the former regime’s forces against civilians. Libya’s transition called for the support of the international community. Multiplication of international mechanisms should be avoided. Saudi Arabia agreed with the Commission of Inquiry that the Government had to continue its investigation into human rights violations and bring perpetrators to justice.

Nigeria was concerned that breaches of international human rights law by the anti-Gadhafi forces were continuing and condemned the targeting of specific communities. The maltreatment of migrant workers in Libya, particularly those from Sub-Saharan Africa, should halt and migrant workers should be protected from any cruel and inhumane treatment.

Poland said the international community had the responsibility to rebuild Libya and asked the Chairperson of the Commission of Inquiry to elaborate on the areas of the highest priority for engagement. There was a need to refrain from acts of revenge and retaliation by insurgents against former supporters of the old regime. What was the current situation of those who had been detained or experienced ill-treatment?

Switzerland said the report of the Commission of Inquiry had noted serious violations of human rights which could be considered crimes against humanity and war crimes. The interim Government should uphold the rule of law regarding the prosecution of all crimes. Switzerland urged the international community to cooperate with any extradition requests. Was there a need to establish an office of the High Commissioner for Human Rights in Libya?

United Arab Emirates appreciated the Libyan Government’s efforts to activate the National Council on Freedom and Human Rights that was working to establish a state of law, justice and freedom for all. The United Arab Emirates wished to renew its support for the Libyan Government during these difficult times and was certain it would be able to continue its battle for peace and development for the benefit of the people as a whole.

Slovakia said due accountability, compliance with international fair trial standards, regardless of the perpetrators’ ethnicity or affiliation, represented a key cornerstone, along with democratic elections, for national reconciliation. Slovakia welcomed the planned establishment of a judicial monitoring commission to provide oversight to prisons and detention centers. Slovakia asked the Commission to elaborate further on their view of the desirable form and structure of a mechanism to ensure the implementation of the recommendations.

India noted that amongst the 20 North Atlantic Treaty Organization air strikes investigated, the Commission documented five air strikes where a total of 60 civilians were killed and 55 injured. India welcomed the commitment of the National Transnational Council to new mechanisms for accountability, including the creation of a National Fact-Finding and Reconciliation Commission. India had extended assistance to the National Transnational Council, the Office of the Commissioner for Humanitarian Aid and arranged to send a team of Jaipur Foot to Tripoli.

Canada said there were several immediate challenges in Libya, notably to control the armed militias, eliminate weapons and remnants of the war and ensure the rights and freedoms of all, including women. Absence of a judiciary system and allegations of torture and ill-treatment of detainees were matters of particular concern. Canada asked how the international community could better support implementation of the recommendations of the Commission of Inquiry.

Norway said that many positive steps had already taken place in Libya and welcomed the Libyan Government’s taking the responsibility for detention centres to ensure that detainees were treated according to the international law. Minorities were particularly vulnerable and their protection must be ensured. Norway underlined the importance of including women in all stages on transition in Libya, to mobilize them and ensure they participated as citizens.

International Educational Development said that the situation in Libya was becoming increasingly difficult with Benghazi claiming some sort of independence, with discrimination against minorities and clashes of rival groups in the capital and elsewhere. Without a credible and nationally accepted judiciary, the situation in Libya could remain extremely precarious.

Human Rights Watch said that Libyan militias still illegally held between 5,000 and 6,000 detainees and that most had not received any judicial review. Some 35,000 people from Tawergha were blocked from returning to their homes by militias from Misrata which amounted to a collective punishment and a likely crime against humanity.

Cairo Institute for Human Rights Studies noted with concern that the mandate of the Commission of Inquiry on Libya was limited to events that had taken place since 15 February 2011 and had not addressed the inheritance of violations and the culture of impunity. The Human Rights Council should continue to provide technical assistance, including accountability mechanisms, to support Libya.

Amnesty International said that the Commission’s report had made no reference to universal criminal jurisdiction for international crimes committed during and after the Libyan conflict. The Council should call for the expansion and strengthening of the human rights monitoring component of the United Nations Support Mission and for the appointment of a Special Rapporteur to monitor the evolving human right situation in the country.

Reporters without Borders said in February 2012 Nicholas Davies-Jones and Gareth Montgomery-Johnson were arrested in Tripoli by a militia from Misrata. Reporters without Borders called for the immediate transfer of these journalists to the competent authorities and insisted on the need to protect journalists and allow them to work in a climate of security in Libya.

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For use of the information media; not an official record