Address by Ivan Šimonović, Assistant Secretary-General for Human Rights, to the 30th Session of the Human Rights Council, introducing country reports of the Secretary-General and the High Commissioner, Geneva, 30 September 2015

Mr President,
Excellencies,
Ladies and gentlemen,

Let me start with South Sudan.

In July 2015, in response to the deteriorating human rights situation,   the Human Rights Council requested OHCHR to undertake a mission to South Sudan to monitor and report on the situation of human rights, and to conduct a comprehensive assessment of allegations of violations and abuses of human rights, with a view to ensuring accountability.

To fulfil this important mandate, the Office mobilised resources and is finalizing the recruitment of 10 staff members who will be deployed to South Sudan in early October. In the meantime, an OHCHR advance team visited Juba and Addis Ababa from 15 to 18 September to solicit cooperation from relevant stakeholders. The team received assurances of support to the OHCHR assessment mission from all interlocutors, including Government officials, members of the opposition SPLA/IO, civil society organizations, the African Union and the United Nations. Following this visit, the Government has established an inter-sectoral technical team comprised of representatives of relevant line ministries, the police, and SPLA who will work with the OHCHR team. As requested, the Office will provide a full written report to the Council at its thirty-first session, in March 2016.

South Sudan continues to witness an extremely volatile and tense security situation with consequent human rights violations and abuses. Despite the signing of a new peace agreement in August 2015, and the subsequent declaration of a permanent ceasefire by the leaders of the two factions, hostilities have continued in the Greater Upper Nile region. UNMISS continues to receive reports of gross human rights violations and abuses against the civilian population, reportedly committed largely by SPLA, and often in conjunction with armed militia groups. Witness reports indicate that widespread killing, conflict-related sexual violence, recruitment of child soldiers, the burning of homes, looting and livestock raids have continued.

The humanitarian situation has also worsened, with more displacements resulting from the continuous fighting. According to OCHA, thousands of civilians fleeing from conflict areas, especially in Unity State, have had to trek through swamplands in order to reach safe areas. At the end of August, there were more than 1.6 million internally displaced persons in the country, and over 600,000 refugees had fled to neighbouring countries. The number of IDPs protected in UNMISS bases across South Sudan stands at around 200,000. In Juba, an aid worker was murdered in a brutal attack on 10 September, bringing to 34 the total number of aid workers killed since the conflict began. 

There is also growing indication that insecurity and consequent human rights violations and abuses are spreading to other states, previously not affected by the crisis, in particular the Equatoria and Lake states. In August, unrest in Yambio, Western Equatoria, resulted in 14 deaths, including 10 civilians and four SPLA soldiers, and triggered the displacement of thousands who later sought protection at the UNMISS site in Yambio.

The last few months have also been characterized by an increased crackdown on freedom of expression and the press, including the closure of media outlets  and threats against reporters. Two prominent newspapers, the Al Rai and Citizen newspapers and one radio station, the Free Voice of South Sudan, were reportedly ordered to cease operations by the National Security Service. Allegedly, they were shut down for publishing various articles the Government deemed offensive. On 19 August, well-known journalist Peter Julius Moi was shot dead on his way from work, three days after the President made comments that were widely interpreted as a death threat against South Sudanese journalists who criticized the Government’s response to the peace accord.  

Impunity for the serious violations of human rights and international humanitarian law committed since the conflict erupted remains of grave concern. In July, the African Union Peace and Security Council failed to publicly release the long-awaited report of the African Union Commission of Inquiry on South Sudan, even though the report was shared with the Government, the opposition SPLA/IO as well as African Union Member States. The international community must insist on the publication of the report, thereby sending a strong message to the leaders of both the Government and the opposition that there will be accountability for all the atrocities committed. Further delay in the publication of the report would also hamper the work of the OHCHR assessment mission, which is required by resolution 29/13 to ensure complementarity with the work of the Commission of Inquiry. In this regard, we welcome the African Union Peace and Security Council’s decision on 26 September 2015 authorising the release of the report and look forward to its immediate publication.  

The recently signed peace agreement offers renewed hope for justice and a chance to break the long cycle of impunity that the country has been enduring. The call for the creation of a hybrid court with authority to try genocide, war crimes, crimes against humanity and other serious crimes that violate international and South Sudanese law, and for the establishment of a Truth and Reconciliation Commission to establish a record of violations of human rights, may advance the prospects for justice for the numerous victims of the conflict. We hope that the OHCHR assessment mission will contribute to this accountability and reconciliation process by establishing an accurate record of patterns of human rights violations and abuses that have been committed since the conflict in South Sudan erupted in December 2013.

Let me now move to the report pursuant to resolution S23/1 on atrocities committed by Boko Haram and the impact on human rights in the affected countries with a view towards establishing accountability.

Producing this report represented a major challenge for my office, in particular in view of the short timeframe and difficulties in accessing remote and insecure areas where many human rights violations have allegedly taken place.

Nonetheless, OHCHR human rights officers deployed to Cameroun, Chad, Niger, and Nigeria, where they received information from witnesses and victims on allegations of human rights abuses and violations under international humanitarian law committed by Boko Haram including killings, the use of children in hostilities, rape, torture and ill-treatment. Some of these acts, given their nature and scale, if confirmed by a court of law, could amount to war crimes and crimes against humanity.

Although the greatest majority of victims can be attributed to Boko Haram, heavy-handed military as well as the affiliated militia's response, including against civilians, has taken its toll. In the course of collecting information on abuses committed by Boko Haram, OHCHR also received information on allegations of violations of international human rights and humanitarian law by State agents, including extra-judicial killings, enforced disappearances, torture and ill-treatment, and arrests and detentions. The gravity of these allegations demands prompt and independent investigations by national authorities. We are also urging the concerned authorities to fully cooperate with OHCHR, including by providing access to all places of detention.

In more recent developments, the execution of 10 suspected Boko Haram members on 29 August in Ndjamena under the new terrorism laws in Chad are of the utmost concern. While States must indeed take measures to protect their populations, I urge concerned States to ensure that counter-terrorism legislation complies with international principles including due process, legality and proportionality.

Ladies and gentlemen,

The increasing humanitarian impact of the insurgency has triggered the displacement of some 2.3 million people including 1.4 million children in the Lake Chad region due to Boko Haram attacks, which have intensified in the past few weeks. 

Having visited recently camps in Borno State, Nigeria, I also remain particularly concerned at the plight of the many women and girl victims of Boko Haram atrocities, some of whom are pregnant or have given birth to children as a consequence of rape by members of Boko Haram. I call upon relevant authorities to provide urgent and compassionate assistance to these victims.

Reconciliation and sustainable peace cannot be achieved simply through military means without addressing the root causes of the Boko Haram movement. It will be important to also ensure a comprehensive transitional justice process, which includes reparations to the victims and accountability for the worst atrocities committed by all sides.

I thank all Governments mentioned in this report for their good cooperation with our teams in their respective countries and urge them to ensure accountability for all abuses by all parties in line with their international obligations.   

Finally, let me conclude with Iraq. The report before you on technical assistance provided to assist in the promotion and protection of human rights in Iraq was prepared in cooperation with the human rights component of the United Nations Assistance Mission in Iraq.

The report describes technical assistance provided to key institutions and civil society. In this context, it also reflects upon the human rights challenges in Iraq, and describes violations of international human rights and humanitarian law. The report further addresses the protection of civilians, community reconciliation, and the need to strengthen the administration of justice, including by improving respect for due process and fair trial standards through legal and institutional reforms.

UNAMI estimates that as of 27 September, 5,902 civilians were killed in 2015. The brutality of the so-called Islamic State in the Levant has continued unabated. Targetted ethnic and religious communities continue to suffer from a range of violations at ISIL hands. Women and children have been specifically targeted.

Ensuring accountability for crimes and violations and providing justice to the victims is a pre-requisite to restoring trust between communities. Members of groups that have been targeted and displaced should be able to return home in safety and dignity, and be afforded the restoration of basic services.

In August, thousands of people protested in Iraq against corruption, social inequality, and the lack of accountability for officials. I have been encouraged by the Government’s response to these protests. It is my hope that future reforms are undertaken in an inclusive, transparent, and consultative manner - with human rights at their core. OHCHR will do all it can to support these efforts and the protection of human rights in Iraq.

Thank you.