Informal Briefing to the Human Rights Council: Statement by the Deputy High Commissioner on Honduras and Iraq

30 November 2016

Thank you, Mr President.

Excellencies, colleagues and friends,

I have just returned from the privilege of representing the High Commissioner in Honduras, where I was joined by the Administrator of UNDP, Helen Clark. With the strong public support of President Hernandez, our new country office there has now been officially opened.

Together with the Government, we have agreed that the office's mandate will encompass monitoring of the human rights situation in the country; provision of advice and technical cooperation to State institutions and civil society to enhance the promotion and protection of human rights; and advocacy on situations that are of serious concern. Our brand new human rights team there is already establishing influential partnerships, and is fully committed to working for the effective, sustained advance of human rights in Honduras. We are confident that with the strong support given us by the Government, with the engagement of civil society and the courageous example of Honduras’ human rights defenders, we can help international standards come alive with relevance and impact in the Honduran context.

As part of our mandate there we will present to the Human Rights Council an annual report setting out recommendations to the Honduran authorities. The first report will be released in the country and presented to the Council in March.

I would also like to touch briefly on the situation in Iraq, and the developments that have taken place since my mission to the country earlier this year.

The horrors to which the communities of Iraq have been subjected as a result of ISIL’s grave breaches of international human rights and international humanitarian law will have escaped nobody in this room.

In and around Mosul, as we speak, ISIL has been installing rocket launchers, placing snipers on the rooftops of civilian homes; those who refuse to allow their houses to be used for these purposes are threatened or killed. Families are effectively used as human shields, placed squarely and deliberately in harm’s way. Hundreds of people reportedly have been abducted by ISIL and moved to unknown locations. We are also receiving reports that ISIL kills those it suspects of leaking information to the Iraqi security forces - only last week, ISIL publicly shot to death 27 civilians in Muhandiseen Park in northern Mosul city.

In this context, it is only natural that we feel utter despair. But as our mission earlier this year concluded, there is opportunity for all parties, all communities, and indeed all Iraqis to start planning for the day after ISIL.

There urgently needs to be a negotiated, inclusive settlement for all people of Iraq to break the cycles of violence and to build a truly inclusive democratic state with full respect for human rights and the rule of law. A state where all citizens can participate fully and equally in the political, economic, social and cultural life of the country - including minority ethnic and religious groups, including women, and including other disempowered or marginalised groups.

The Government of Iraq recognizes this as fundamental; but the challenges are very considerable. Let me briefly touch on three key action points that the mission identified earlier this year, and on the progress which has occurred on these issues since then.

Firstly, justice for victims and survivors of crimes, violations and abuses is essential, irrespective of when, where or by whom such crimes were committed. And this needs to happen quickly, particularly in the areas retaken from ISIL, to ensure that captured fighters and their perceived supporters are dealt with according to the law; to limit the opportunity for revenge attacks; and to prevent further violence. We welcome the Iraqi Government’s expressed desire to ensure there is accountability for perpetrators, and we welcome the fact that the Government has been promoting international mechanisms to ensure accountability. We believe that by referring the situation in Iraq to the International Criminal Court; by giving Iraqi courts jurisdiction over international crimes; by reforming the criminal justice system to respect due process and fair trial standards, and by reinforcing the capacity of judicial officers to document, investigate and prosecute violations, the Government of Iraq can prepare the way for ensuring justice, and secure the foundations for a lasting peace.

Second, the principles of IHL and human rights must be scrupulously observed, protected and respected, including in the conduct of operations to eliminate ISIL. This is crucial for the Government’s credibility as an institution that provides protection, security and justice for all its citizens. The Prime Minister has repeatedly stressed that all armed forces operating in support of the Government in the campaign are operating under his control as commander in chief and that all violations of human rights will be properly and appropriately investigated. These allegations must be properly and appropriately investigated. Again, we are encouraged by the Government’s favourable response to the principles on the protection of civilians in armed conflict provided by the human rights office of UNAMI prior to the commencement of the Mosul campaign. Our human rights experts on the ground continue to closely monitor adherence to international legal standards by all parties to the conflict, and we stand ready to assist.

Third, we must support the restoration and reconstruction of communities devastated by violence. The Government has recognized that a lasting national reconciliation must be inclusive and must be built on principles of respect for human rights and the rule of law. The initial attempts at dialogue between the major groups and interests are encouraging. To succeed, they must ensure that the voices of all Iraq’s communities must be heard in this process for reconciliation. Supportto women and children who have been subjected to sexual and other forms of violence is essential; support to thousands of children who have been subjected to ISIL indoctrination must be prepared and provided; support must also be givem so that individuals and entire communities can return to their homes.

These processes are urgent and fundamental. If they are not adequately implemented, the future will be bleak indeed. OHCHR and the human rights office of UNAMI continues to work with all stakeholders - Government, civil society, UN, and Iraqi men and women – to address these challenges and to find and implement solutions to those challenges.

Thank you.