理事会在有关高级专员年度报告的讨论中探讨有关危地马拉、玻利维亚、哥伦比亚、塞浦路斯和伊朗的报告

下午

2015年3月25日

在有关技术援助和能力建设的讨论中探讨有关阿富汗、利比亚、几内亚和南苏丹的报告

人权理事会今天下午在有关高级专员年度报告和人权高专办与秘书长报告的议程项目下听取了有关危地马拉、玻利维亚、塞浦路斯和伊朗的国家报告的介绍，随后进行了一般性辩论。理事会还在有关技术援助和能力建设的议程项目下听取了有关阿富汗、利比亚、几内亚和南苏丹的报告，并在之后进行了一般性辩论。

人权事务副高级专员弗拉维亚·潘谢里在介绍有关危地马拉、玻利维亚、哥伦比亚、塞浦路斯和伊朗的报告时对危地马拉在应对过去和现在人权侵犯方面取得的进步表示欢迎，并对特别法庭在处理杀害妇女和其他形式的暴力侵害妇女案件方面的工作表示赞赏。她指出，有关玻利维亚的报告强调了该国政府在消除赤贫、营养不良、种族主义和其他形式的歧视方面采取的重要措施。司法行政方面的结构性缺陷仍是玻利维亚面临的一大主要挑战。

潘谢里女士表示，随着和谈进入第二年，哥伦比亚的武装冲突继续造成重大死伤，该国正处于一个转折点：通过谈判结束武装冲突意味着对人权局势的极大改善，这是一代人中前所未有的。她指出，有关塞浦路斯的报告描述了2014年的几项积极进展，包括识别和送回失踪人口的尸体，另外宗教间交流和合作的气氛也有所改善。岛上的持续分裂仍是阻碍塞浦路斯全体人民全面享有所有人权的障碍。潘谢里女士在谈及伊朗时表示，秘书长对妇女教育和健康方面取得的成就表示欢迎，对伊朗继续存在的，包括对未成年人施加的处决现象表示关切，并呼吁暂缓使用死刑。

危地马拉、玻利维亚、哥伦比亚、塞浦路斯和伊朗作为当事国发言。

危地马拉表示，过渡司法对带来法治至关重要，并表示不能对一些人追究刑事责任，因为这可能会停止实现真相与和解的步骤。特赦带来的影响与国际法并不矛盾。

玻利维亚表示确保对人权的审查是在多边环境下进行的十分重要，普遍定期审议便是进一步加强民间社会参与的机制。

哥伦比亚赞同通过谈判停止武装冲突会确保稳定和经济增长，且便于哥伦比亚在全国各地解决不平等问题。

塞浦路斯表示，其岛内仍处于分裂状态，这障碍了促进和保护所有塞浦路斯人人权的过程，并表示保持有利于谈判的环境和停止对塞浦路斯专属经济区的威胁十分重要。

伊朗对秘书长报告中的一些部分表示反对，并强调伊朗的死刑是由法律规定的且仅适用于包括恐怖主义活动在内的最严重犯罪。伊朗在对18岁以下罪犯判处死刑方面表现出极大的同情。

在有关高级专员年度报告和人权高专办和秘书长报告的一般性辩论中，发言者对人权高专办在促进暂缓使用死刑方面的努力表示赞赏，并对相关国家在促进和保护人权方面采取的措施表示祝贺。但挑战仍然存在。危地马拉的费德里克·莫拉（Federico Mora）精神病院仍是引人关切的问题。哥伦比亚的和平进程令人赞赏，但杀害人权活动家的问题仍然存在。玻利维亚在所有国家结构中承认性别平等的做法受到赞赏。讨论者对关于塞浦路斯的报告中并未涉及暴力侵害土耳其塞族人的问题表示担忧，后者面临着不断增加的歧视和暴力。各方对伊朗尚未解除对一些工会的禁令且仍在继续执行死刑表示关切。各国都愿意团结起来制止伊斯兰国犯下的罪行，而收集与这些罪行相关的证据则对伸张正义至关重要。各方一致承认增加人权高专办预算的必要性。

拉脱维亚代表欧盟，阿尔及利亚代表非洲集团，荷兰代表由45国组成的集团，爱尔兰、美国、挪威、希腊、西班牙、土耳其、布隆迪和瑞士在讨论中发言。

以下非政府组织也在讨论中发言：预防酷刑协会，世界禁止酷刑组织，哥伦比亚法学家委员会，南风政策发展协会，世界巴鲁阿组织，人权倡导者协会，国际特赦组织，欧洲中心——第三世界，亚述人全球联盟美洲分会，国际人权服务社，南美印第安人理事会，国际和睦团契和瑞士国际和平团。

伊朗、希腊、塞浦路斯、马来西亚和土耳其行使答辩权发言。

潘谢里女士在有关技术援助和能力建设的议程项目下介绍有关阿富汗、利比亚、几内亚和南苏丹的报告时表示，阿富汗2014年的人权状况受到反政府势力兴起的较大影响，这也导致了严重的平民伤亡。暴力侵犯妇女和女童现象仍然较为普遍且未获解决，对包括酷刑在内的虐待性拘留做法的有罪不罚现象仍在继续。她表示，利比亚2014年的人权状况有所恶化。武装团体无差别地炮击的黎波里和班加西人口密集区域，使用重炮和飞机杀害和伤及数百名平民。妇女、人权维护者和媒体专业人士特别受到针对。司法系统在国内许多地区形同虚设，有罪不罚现象也十分盛行。

在几内亚方面，潘谢里女士指出，埃博拉病毒的爆发加剧了该国困难的社会经济局势。促进和确保自由与开放的对话十分必要。该国在改革安全部门方面取得了一些进展，但在加强法制和解决有罪不罚现象方面则缺乏进步。在南苏丹方面，她指出，在暴力爆发一年多之后，侵犯国际人权和人道主义法的行为仍在继续，包括杀戮和伤害平民和与冲突相关的性暴力。报告记录了严重侵犯和践踏儿童权利的现象，包括冲突双方大规模招募童军的现象。

阿富汗、几内亚和南苏丹作为当事国发言。

阿富汗表示，2014年6月，约有700万阿富汗人（其中有31%的妇女）参与了历史性的总统决选，其民族团结政府也致力于促进所有公民人权。

利比亚表示，对所有暴行肇事者——伊斯兰国问责至关重要。该国政府希望获得更多的资源用于该国的能力建设。实现和平和稳定的努力对改善人权状况和建立法治至关重要。

几内亚表示，该国致力于解决司法系统的局限。该国仍存在暴力行为，包括在不反映民主文化的公共游行中。政府致力于继续培训和提高人权领域的意识。

南苏丹表示，该国政府已采取措施打击性暴力和招募童军现象，明确冲突的根源和保护国内流离失所者。政府承诺将和谈作为唯一选择，并向所有对国家发动战争之予以特赦。

在有关技术援助和能力建设的一般性辩论中，发言者重申了他们对高级专员及其办事处的强烈支持，并对他们在技术援助和能力建设领域的宝贵工作致敬。发言者对政府间发展管理局的监测和核查机制在为南苏丹寻求解决持久冲突的长期方法方面的不懈努力表示欢迎。他们还对非盟南苏丹调查委员会的工作表示欢迎，但对该国的不安全和有罪不罚局势表示关切。发言者对阿富汗妇女更多参与选举过程感到鼓舞，但对暴力侵害妇女现象仍在持续表示关切。他们对几内亚在保护人权和抗击埃博拉病毒方面的行动表示欢迎，但对埃博拉幸存者的污名表示关切。发言者呼吁利比亚各方结束敌对行动并参与包容性政治对话。各国都对伊斯兰国对伊拉克和叙利亚人民的威胁表示关切。发言者强调了技术援助的重要性，但也强调了各国选择如何发展权利的重要性。

欧盟，加拿大代表一个国家集团，埃塞俄比亚代表政府间发展管理局，埃及代表17个意见相似的国家组成的集团，爱尔兰，美国，荷兰，英国，中国，法国，泰国，埃及，塞内加尔，苏丹，乌克兰，意大利，格鲁吉亚和安哥拉在讨论中发言。

俄罗斯联邦和泰国行使答辩权发言。

人权理事会将于2015年3月26日星期四上午9点再次召开会议，届时将结束有关技术援助和能力建设的一般性辩论并通过有关冈比亚的普遍定期审议结果。理事会预计将于中午开始对决议草案和决定采取行动。

文件


理事会已收到联合国人权事务高级专员的年度报告（A/HRC/28/3）

理事会已收到联合国人权事务高级专员关于其办事处在危地马拉活动的报告增编（A/HRC/28/3/Add.1）

理事会已收到联合国人权事务高级专员关于其办事处在玻利维亚多民族国活动的报告增编（A/HRC/28/3/Add.2）

理事会已收到联合国人权事务高级专员关于哥伦比亚人权状况的报告增编（A/HRC/28/3/Add.3）

理事会已收到联合国人权高专办关于塞浦路斯人权问题的报告（A/HRC/28/20）

理事会已收到秘书长关于联合国人权高专办报告的说明（A/HRC/28/23）

理事会已收到秘书长关于伊朗伊斯兰共和国人权状况的报告（A/HRC/28/26）

高级专员年度报告和人权高专办与秘书长报告下的高级专员和秘书长国别报告介绍

联合国人权事务副高级专员弗拉维亚·潘谢里在介绍秘书长和高级专员国别报告时对危地马拉解决过去和现在人权侵犯方面的进步表示欢迎，并对特别法庭在处理杀害妇女和其他形式的暴力侵害妇女案件方面的工作表示赞赏。报告强调了有损司法独立性和打击有罪不罚现象方面的进展，尤其是在选择司法当局方面的严重缺陷，

该国政府在消除赤贫、营养不良、种族主义和其他形式的歧视方面采取的重要措施。司法行政方面的结构性缺陷仍是玻利维亚面临的一大主要挑战，以及参与调查或起诉有关腐败或有组织犯罪的法官和检察官受到的越来越多的威胁和袭击。在此方面，国际反有罪不罚委员会仍在危地马拉发挥着至关重要的作用。

潘谢里女士表示，有关玻利维亚活动的报告强调了该国政府在消除赤贫和营养不良，改善获得教育、卫生和饮用水以及打击种族主义和其他形式的歧视方面采取的重要措施。随着保障妇女免受暴力的法律的通过，该国在解决为害甚剧的基于性别的暴力方面取得了一些进步。由于司法系统改革尚未解决过度和长期使用审前拘留和有罪不罚等长期问题，司法行政方面的结构性缺陷仍是主要挑战。该国需采取全面司法改革方案才能有效促进司法独立。

潘谢里女士表示，哥伦比亚的人权状况出现了非常有前途的进步，该国在和平方面的努力和将冲突受害者的声音提到谈判桌上的前所未有的举动就是明证。由于哥伦比亚大部分人还是被边缘化，不平等问题必须得以解决。共同寻求解决农村发展等与和平议程相关的问题的方法也令人深受鼓舞。解决过去的侵犯问题也是和平的基石：虽然总检察长办公室已作出努力，严重人权侵犯仍得不到问责，尤其是在指挥官层面。随着和谈进入第二年，哥伦比亚的武装冲突继续造成重大死伤，该国正处于一个转折点：通过谈判结束武装冲突意味着对人权局势的极大改善，这是一代人中前所未有的。

潘谢里女士表示，有关塞浦路斯的报告描述了2014年的几项积极进展，包括识别和送回失踪人口的尸体，另外宗教间交流和合作的气氛也有所改善。岛上的持续分裂仍是阻碍塞浦路斯全体人民全面享有所有人权和基本自由的障碍。应将人权和性别相关的问题纳入旨在为全面解决塞浦路斯问题而开展的谈判和政治对话中。

潘谢里女士指出，秘书长关于伊朗人权状况的报告概括了该国死刑方面的模式和趋势，限制言论、结社与和平集会的情况，继续逮捕和起诉媒体工作者、人权维护者和律师，妇女权利，少数群体权利等。秘书长对妇女教育和健康方面取得的成就表示欢迎，鼓励该国政府在包括政治、社会和文化在内的生活各方面消除对妇女的歧视。正如之前的报告中所言，秘书长对伊朗继续存在的，包括对未成年人施加的处决现象表示关切，并呼吁暂缓使用死刑。伊朗缺乏与伊朗伊斯兰共和国人权状况特别报告员的合作是令人遗憾的。

Statements by Concerned Countries

Guatemala, speaking as a concerned country, stated that while some of the recommendations of the report of the Office of the High Commissioner for Human Rights were objective and acceptable, others were questionable because they took into account information that was unclear and had not taken into account information provided by the Government. The legitimate actions of the Government were thus put into question, including actions in view of transitional justice which was fundamental to bring about the rule of law. Individuals could not be criminally prosecuted because this would mean stopping the steps taken towards truth and reconciliation. The implications of amnesty were not contrary to international law and were necessary for a negotiated finalization of the armed conflict. They were not incompatible with the State’s right to investigate the violation of human rights. A negotiable solution was superior to the annihilation of the opponent in a conflict. The firm determination to ensure the respect of human rights meant that States had to exercise moderation when looking at armed conflict and widespread violence. Amnesty or pardon was an institution enshrined in the Geneva Conventions.

Bolivia, speaking as a concerned country, reiterated its commitment to maintain dialogue on the human rights situation in the country and to the promotion and protection of human rights, as evidenced by its invitation to the High Commissioner for Human Rights to open an office in Bolivia. It was important to ensure that a review of a human rights situation was done in a multilateral setting, and the Universal Periodic Review was a mechanism to be further bolstered with the involvement of civil society. Bolivia reserved the right to present a more detailed reply to the report in question in the next few days.

Colombia, speaking as a concerned country, appreciated the work by the Office of the High Commissioner that was an important partner in the promotion and protection of human rights, and said that the report recognized the efforts by the Government to fulfil its human rights obligations. The Government agreed that the negotiated end of the armed conflict would ensure stability and economic growth, and would enable Colombia to address inequalities in all parts of the country. Colombia welcomed the appeal of the High Commissioner to FARC to respect their humanitarian and human rights obligations. For the first time in history, Colombia’s National Development Plan had a territorial approach, which was an attempt to correct regional disparities. The Office of the Prosecutor General had established a new procedure for the investigation of human rights violations, and Colombia was seeking to ensure the protection of human rights defenders.

Cyprus, speaking as a concerned country, reiterated appreciation for the continued interest of the Office of the High Commissioner for Human Rights in Cyprus. The island still remained partitioned, with the northern part occupied by the Turkish military, which impeded the promotion and protection of human rights of all Cypriots. It was noted that some references of the Turkish Cypriot documents ran contrary to United Nations resolutions, and in some instances those references were misleading. For example, references to settlements from Turkey failed to mention that they were illegal. The Government of Cyprus would take up all those problematic references in a constructive manner with the High Commissioner. It was imperative that an environment conducive to negotiations prevailed, and that all threats to the Cyprus Exclusive Economic Zone stopped.

Iran, speaking as a concerned country, said it was trying to respect and promote the fundamental freedoms of all its citizens, respecting their cultural heritage and social and economic rights. It objected to some parts of the Secretary-General’s report, noting that he should have paid more attention to facts on the ground and that he should have refrained from using unfounded statements. It was stressed that the death penalty in Iran was regulated by law and that it was applied only to the most serious crimes, including terrorist activities. A great deal of compassion was demonstrated when handing down death sentences to those under the age of 18. Women’s health and education were given great consideration and attention in Iran. Profound regret was expressed about the fact that the report was silent about the unjust sanctions imposed against the people of Iran. Nevertheless, Iran was determined to continue working towards the creation of a better society.

General Debate on the Annual Report of the United Nations High Commissioner for Human Rights and Reports of the Office of the High Commissioner and the Secretary-General

Latvia, speaking on behalf of the European Union, commended the Office of the High Commissioner for Human Rights’ efforts to promote the moratorium on the death penalty. The European Union welcomed the reports on Colombia, Guatemala, Afghanistan and Libya and condemned the loss of over 1,000 civilians last summer in and around the Gaza Strip. While recognizing Israel’s legitimate right to defend itself, it recalled the obligation that military operations had to be proportionate and in line with international humanitarian law. It called on all parties to reach a durable ceasefire based on the agreement of 26 August 2014. It stressed the need for accountability for possible excessive use of force.

Algeria, speaking on behalf of the African Group, thanked the High Commissioner for the two reports on South Sudan and congratulated him for the steps taken to help the transitional Government in Sudan South. Despite challenges, South Sudan had managed to overcome some of the difficulties with the help of the United Nations Mission in South Sudan. South Sudan’s partners and the international community were urged to provide the country with technical assistance in the field of human rights. The measures taken by the Government were perfectly in line with the commitments made in the framework of the African Union. Setting up any other parallel mechanism was dangerous and would undermine the process taken under the Inter-Governmental Authority on Development.

Netherlands, speaking on behalf of a group of 45 States, expressed grave concern about continuing human rights abuses and violations in South Sudan over the past 15 months. The Government of South Sudan and the Sudan People’s Liberation Movement/Army in Opposition Forces had failed to make the necessary compromises for peace. The people of South Sudan were suffering disproportionately as a result of this impasse and continued conflict. The African Union Commission of Inquiry would document abuses and gross violations on a mass scale by all parties. It was important that this report was released so that the cycle of impunity could be broken.

Ireland welcomed the report on Colombia and noted the importance of the peace process for the achievement of human rights objectives. The human rights situation remained of concern and the killing of 45 human rights activists in 2014 was deeply disturbing. In Bolivia, Ireland looked forward to the recognition of gender equality in all State structures and was concerned about issues related to the justice system, saying that impunity should not be tolerated.

United States said that the international community was united in putting an end to ISIS crimes. Efforts to collect and preserve the evidence of those crimes were crucial for the attempts to provide justice. The United States condemned abuses committed against civilians in the Central African Republic and said that perpetrators must face justice for their crimes. In Gambia, the enjoyment of rights of lesbian, gay, bisexual and transgender persons was of concern, especially in light of the recent introduction of the crime of aggravated homosexuality.

Norway appreciated the commitments of the new Government in Sri Lanka and said that the extra time granted for the High Commissioner’s report would allow the Government to set up a credible domestic mechanism to deal with human rights violations. In Colombia, the increase in the attacks and threats against human rights defenders, especially in rural areas, was worrying; Colombia should increase their protection. The Office of the High Commissioner for Human Rights played a key role in addressing human rights challenges in Guatemala, and it was important to provide it with adequate resources and support.

Greece expressed its appreciation for the report on Cyprus. The High Commissioner had to remain seized of the situation as the reason for the mandate still existed, given the continuing partition of the island. Settlements from Turkey were contrary to the United Nations Security Council resolutions. Families of the missing had been struggling for decades to find out the truth. The Security Council had condemned the illegal secession of the north.

Spain noted that the reports testified to the important work done by the Office of the High Commissioner in the field. Spain supported the announced reform of the Office and the increase in its staff. It welcomed Colombia’s efforts to achieve a peace agreement and expressed hope that definitive peace would be achieved and that victims would receive justice and compensation. Spain supported the proposal that the mandate for Colombia be extended for another three years. It also supported the Commission for Impunity in Guatemala and would follow proposals for the renewal of its mandate.

Turkey said that the absence of a solution for the crisis in Cyprus continued to impede the rights of Turkish Cypriots. The report did not address the violations against their rights, such as increasing cases of discrimination and violence against Turkish Cypriots, the ban on the use of Turkish geographic names, and impediments to their freedom of movement and visits to places of worship in the southern part of island. The continuing crisis in the island was perpetuated by the Greek Cypriot community. Turkey supported a United Nations-sponsored settlement.

Burundi considered it necessary to increase the budget of the Office of the High Commissioner for Human Rights. Peace and security prevailed in Burundi and the electoral process was going on normally. Upcoming elections would be free, transparent and fair. The exercise of freedoms went hand in hand with obligations. No one could be above the law. Burundi reiterated its commitment to work with the Office of the High Commissioner for Human Rights.

Switzerland thanked the High Commissioner for his report on the situation in Columbia. With the peace process, Colombia was living a decisive phase in strengthening the protection and promotion of human rights, especially in rural areas. Switzerland was concerned about the high level of human rights abuses of human rights defenders. It congratulated the Colombian Government on the restructuring of the Bureau of the Prosecutor General and hoped that the investigations would be more efficient with respect to human rights defenders.

Association for the Prevention of Torture welcomed the reports on Columbia and Guatemala. The establishment of the national preventative mechanism against torture in Guatemala and the ratification of the Optional Protocol to the Convention against Torture were welcomed by the report. Challenges included the psychological hospital Federico Mora and the Government was encouraged to work with the national mechanism in this respect. On Columbia, the High Commissioner had recommended that the Optional Protocol to the Convention against Torture be ratified. Prison overcrowding prompted the need to establish a national preventative mechanism against torture to look into the situation of detention centres in Columbia.

World Organization against Torture said that in Colombia, the ongoing acts of torture were of concern and it was imperative to introduce a separate crime of torture. Colombian prisons were suffering from the serious problem of overcrowding and the rights of detainees were being seriously violated. There was an alarming increase of extrajudicial executions in Guatemala in the context of social protests.

Colombian Commission of Jurists said that the report on Colombia highlighted challenges in terms of lack of political will to accept the human rights violations of the past, and the contravening of international obligations such as the expansion of military justice. The Office of the High Commissioner for Human Rights remained the eyes of the international community as far as the human rights situation in Colombia was concerned.

Verein Sudwind Entwicklungspolitik said that Iran had not yet lifted the ban on some trade unions, which were still subject to prosecution and unfair trial. Member States should stand up for the rights of Iranian prisoners and vote in favour of the renewal of the mandate of the Special Rapporteur on Iran.

World Barua Organization applauded the determination to redouble efforts to strengthen protection and end persistent discrimination and impunity in those countries where violence against minorities was rising. In India there were heightened threats against minorities by the new Hindu nationalist government, whose idea of the nation’s good was tied up with economic growth. Special development allocations for minorities had been considerably slashed down.

Advocates for Human Rights welcomed the High Commissioner’s report on the death penalty in Iran. The administration of the death penalty in Iran was alarming. Iran executed more juvenile offenders than any other country. It was worrying that the new code specified that the age of criminal responsibility under Sharia Law was 15 for boys and 9 for girls. Advocates for Human Rights urged the Council to renew the mandate of the Special Rapporteur on Iran.

Amnesty International said that the peace talks between the Colombian Government and FARC continued to make progress. However, the Government and FARC had failed to make an explicit commitment to guarantee justice for all victims of the conflict in line with international human rights law. In addition, the Government’s effort to promote legislation that would make it more difficult to prosecute alleged perpetrators could undermine the long-term viability of an eventual peace agreement.

Centre Europe-Tiers Monde shared concern about the extension of military jurisdiction into human rights violations in Colombia and said that the prosecutorial capacities of the State seemed to focus on investigating human rights defenders rather than perpetrators of human rights violations. Human rights defenders were vital in building peace and Colombia should guarantee their safety. Human rights problems would continue until impunity was tackled.

AUA Americas Chapter Inc in a joint statement with Assyrian Aid Society – Iraq, called for an end to genocidal attacks on Syriacs and Yazidis in Syria and Iraq, who, without meaningful intervention, would disappear. The attacks on these peoples were happening because they were Christians, and ISIS was systematically destroying their cultural heritage in the Ninwe Plain in an attempt to annihilate their future and their past.

International Service for Human Rights said that many attacks against human rights defenders had been registered in 2014 in Colombia and in Guatemala and urged the Governments to protect them from any further attacks. Human rights defenders in Guatemala who were working on indigenous and land rights were particularly vulnerable. Latin Americans States should protect women human rights defenders and defenders working on the rights of lesbian, gay, bisexual, transgender and intersex persons.

Indian Council of South America underlined that mining activities in Colombia affected the lives of indigenous people, and regretted that the plan proposed by Colombia to modernize the country did not take access to lands by indigenous people into account.

International Fellowship of Reconciliation regretted that murderers of persons rejecting the conflict in Colombia had not been held to account. The practice of mass kidnappings of young men in public places still persisted. International Fellowship of Reconciliation deplored the continued failure of the Government to enact general provisions to allow conscientious objectors not to perform military service.

Peace Brigades International Switzerland in a joint statement with World Organisation Against Torture and International Federation of Human Rights Leagues expressed concern about the vulnerability of human rights defenders in Guatemala and underlined threats and attacks against them. Arbitrary detention and criminal prosecution were used to obstruct the work of human rights defenders. There was furthermore a tendency to pass restrictive laws that criminalized the activities of human rights defenders, such as the Ley de Tumulos.

Right of Reply

Iran, speaking in a right of reply in response to unfounded allegations made by Canada, noted that such allegations were motivated by narrow-minded Canadian politicians. Bearing in mind that Canadian citizens were recruited by Da’esh, it was surprising that Canada questioned Iran’s efforts in providing assistance to the Iraqi Government to fight Da’esh. Iran invited Canadian politicians to open their eyes to the human rights violations against indigenous peoples in Canada, and to express their views in a more elegant fashion.

Greece, speaking in a right of reply in response to the statement made by Turkey, noted that the Treaty of Guarantee of 1960, whose signatory was Greece among others, could not justify in any way the blatant violation of international law which took place when the Turkish forces invaded the northern part of Cyprus in 1974.

Cyprus, speaking in a right of reply in response to the statement made by Turkey, noted that the invasion by the Turkish army and the subsequent partition of the island could not be justified with the Treaty of Guarantee of 1960. It was noted that no excuse could be used to intervene unilaterally. It was recalled that severe violations of human rights of all Cypriots took place due to the Turkish invasion.

Malaysia, speaking in a right of reply, said that Malaysia had an independent judiciary and the case of Mr. Ibrahim had been brought about by an individual. This case had reached a verdict after evidence had been heard and examined.

Turkey, speaking in a right of reply, said that 1960 Treaty of Guarantee had been based on equality between Turkish and Greek Cypriots and that this balance had been destroyed by Greek Cypriots in the name of annexing the island to Greece. The Turkish intervention had been legitimate and its presence on the territory of Cyprus was not disputed by the United Nations. Greek Cypriots should acknowledge the reality, return to the negotiating table and find a permanent solution.

Documentation

The Council has before it a report of the United Nations High Commissioner for Human Rights on the situation of human rights in Afghanistan and on the achievements of technical assistance in the field of human rights in 2014 (A/HRC/28/48)

The Council has before it a report of the United Nations High Commissioner for Human Rights on the situation of human rights in South Sudan and recommendations on technical assistance and capacity-building measures (A/HRC/28/49)

The Council has before it a report of the United Nations High Commissioner for Human Rights on the situation of human rights in Guinea (A/HRC/28/50) (Currently only available in French)

The Council has before it a report of the United Nations High Commissioner for Human Rights on the situation of human rights in Libya and on related technical support and capacity-building needs (A/HRC/28/51)

The Council has before it a report of the United Nations High Commissioner for Human Rights on the panel discussion on the human rights situation in South Sudan (A/HRC/28/53)

Presentation of the Country Reports of the High Commissioner for Human Rights under Technical Assistance and Capacity Building

FLAVIA PANSIERI, Deputy High Commissioner for Human Rights, presented reports of the High Commissioner concerning Afghanistan, Libya, Guinea, and South Sudan. In 2014, the human rights situation in Afghanistan was considerably affected by the security, political and economic transitions, which resulted in a 22 per cent increase in civilian casualties compared to 2013. Violence against women and girls remained pervasive and unaddressed, and impunity for abusive detention practices, including torture, continued. The Office of the High Commissioner had identified four priority areas for Afghanistan: protection of civilians in armed conflict, including children; elimination of violence against women; prevention of torture and arbitrary detention; and human rights aspects of the peace and reconciliation processes.

Ms. Pansieri said the report on Libya stressed that armed groups indiscriminately shelled heavily populated areas in Tripoli and Benghazi, killing and injuring many hundreds of civilians, and committed reprisals in the form of unlawful killings, abductions and torture. Women participating in political and public life, human rights defenders and media professionals had been targeted, and thousands of persons remained in detention since the 2011 conflict without due process. Many migrants continued to be detained in abysmal conditions, and those seeking to leave Libya by sea often died en-route. Impunity prevailed.

Moving to the report on Guinea, Ms. Pansieri stated that Guinea was preparing to hold presidential elections at the end of the year in a difficult socio-economic context, which had been exacerbated by the terrible outbreak of Ebola, and stressed that it was essential to promote and ensure free and open dialogue, and to peacefully address any unrest and tension. She stressed the need to prosecute the authors of human rights violations committed during the 28 September 2009 events.

Ms. Pansieiri said more than one year after violence erupted in South Sudan, violations of international human rights and humanitarian law continued, including the killing of civilians and sexual violence. There were also reports of large scale recruitment of children by both parties to the conflict. There were over 1.3 million internally displaced persons and around 500 000 refugees in neighbouring countries. The right to freedom of expression had further deteriorated, and civil society actors and journalists were detained and harassed. A key issue highlighted in the report was the continued impunity with regard to serious violations of international human rights law and humanitarian law.

Statements by Concerned Countries

Afghanistan, speaking as a concerned country, said that in June 2014, nearly 7 million Afghans, of whom 31 per cent women, had turned out to vote in the historic run-off presidential elections, and its National Unity Government was ready to promote human rights of all citizens. Afghanistan was a war-torn country that had achieved enormous gains and successes in the past 13 years, and was paying particular attention to the human rights of its people. The Ministry of Women’s Affairs had the strict mandate to examine and follow up the cases of violence against women, and the National Action Plan on the Elimination of Torture had been announced this year. Afghanistan was still facing major challenges: the legacy of war and the continued conflict caused the loss of lives and suffering, while terrorist and anti-Government armed groups targeted civilians, and political and religious leaders. The National Unity Government was pursuing a comprehensive peace process, within which it would preserve its national values and would not compromise the 13 years of achievements.

Libya, speaking as a concerned country, welcomed the report on the human rights situation in the country. The report noted changes in Libya, such as some 400,000 displaced persons, and non-functioning schools and courts, which were all due to the activities of Da’esh. It was vital that the perpetrators of atrocities be held accountable. The Government expressed hope that increased resources would be provided for capacity building in the country. Efforts to achieve peace and stability were vital for improving the human rights situation and establishing the rule of law. A reform of the Criminal Code would stipulate that civilians would no longer be judged by military courts. As for women’s rights, appropriate legal amendments had been made. Necessary legal safeguards and improved conditions for detainees had also been undertaken. Libya needed regional and international assistance to overcome security challenges, such as effecting disarmament and combatting terrorism.

Guinea, speaking as a concerned country, reiterated its commitment to human rights and democracy. The report highlighted modest progress as well as gaps remaining for the promotion and protection of human rights. Guinea was committed to address limitations relating to its judicial system. Guinea had started deep structural reforms for the promotion and protection of human rights. Acts of violence continued, including during public manifestations that did not reflect the culture of democracy. The Government was committed to continue training and awareness raising in the field of human rights. The Government was also committed to continue addressing acts of arbitrary detentions that occurred in the country. Despite progress achieved, violence against women continued, including forced marriage, female genital mutilation and domestic violence. The struggle to combat such violence would be long and had to be intensified, not only to punish perpetrators but also to change mind-sets. The question of impunity was an important one, and constituted a priority for the State. Guinea was committed to continue its efforts for the protection of human rights with the support of the international community.

South Sudan, speaking as a concerned country, said that the Government had undertaken steps to combat sexual violence. As a result, out of 133 cases of rape in 2014, 79 had been investigated and 55 referred to court for prosecution. Investigation continued on the rest of the cases identified. On the recruitment of children, the implementation of the action plan had resulted in 3,000 children being identified as being associated with the former rebel leader David Yau Yau, and over 1,000 had been demobilized. An alternative educational system had been put in place to provide basic adult education and courses for demobilized children. In terms of inter and intra-community violence, numerous conferences had been held to identify root causes of the conflict and undertake resolutions. On the administration of justice, where there was capital punishment, this had to be confirmed by both the Supreme Court and the President of the Republic. Internally displaced persons in Civilian Protection Sites of the United Nations Mission in South Sudan were freely moving out and back without restrictions. In the case of Juba, these internally displaced persons had voluntarily moved back to their homes. Amnesty had been declared by the President on February 24, 2015 to all those waging war against the State. Despite shifting positions by the rebels at every session of peace talks, the Government was committed to peace talks as the only option.

General Debate on Technical Assistance and Capacity Building

European Union reiterated its strong support for the High Commissioner and his Office, and paid tribute to their valuable work in the areas of technical assistance and capacity building. The European Union valued the important role of the Office’s Human Rights Mission in Ukraine, as well as the efforts of the Government of Mali to re-establish constitutional order and encouraged it to focus on accountability for human rights violations. It appreciated the full cooperation of the Central African Republic with international mechanisms, but remained gravely concerned about the volatility of the security situation and persisting human rights abuses in the country. It noted Guinea’s cooperation with United Nations human rights mechanisms.

Canada, speaking on behalf of a group of States, commended the continuing efforts of Ukraine to promote and protect the human rights of all on its territory within internationally recognized borders. It welcomed the cooperation of the Government of Ukraine with Special Procedures of the Human Rights Council. Notwithstanding existing challenges in the field of security, Ukraine had embarked on the path of comprehensive reforms based on respect for human rights. The occupation and illegal self-declared annexation of Crimea by the Russian Federation and hostile actions by Russia-backed illegal armed forces in the Donetsk and Luhansk regions were worrying. Ukraine needed appropriate technical assistance in order to better fulfil its human rights obligations.

Ethiopia, speaking on behalf of the Inter-Governmental Authority for Development, welcomed the relentless efforts by the Authority’s Monitoring and Verification Mechanism for South Sudan in the search for a lasting solution to the on-going conflict in the country. It also welcomed the work of the African Union Commission of Inquiry in South Sudan. The continued conflict had resulted in the suffering of people and unprecedented humanitarian crises. The Inter-Governmental Authority for Development called on the Human Rights Council, the international community and development partners of South Sudan to further enhance their efforts to provide necessary humanitarian and technical assistance to the people of South Sudan.

Egypt, speaking on behalf of a group of 17 like-minded countries, said that the reason why some States fell short of implementing their international obligations was because of challenges they faced due to limited resources and capacities. Pointing out shortcomings did not help, and what was needed was technical assistance and capacity building by the international community. The Human Rights Council should play a greater role in encouraging more technical assistance and capacity building upon request by States, and should refrain from using this item for politicization and addressing country-specific situations.

Ireland was encouraged by the growing participation of women in the election process in Afghanistan, but remained concerned that violence against them persisted. Ireland welcomed actions by Guinea to protect human rights and combat the Ebola virus, but expressed concern about stigmatization of Ebola survivors. Ireland called on all parties in Libya to end hostilities and engage in an inclusive political dialogue. Ireland remained extremely concerned about insecurity and impunity in South Sudan.

United States remained deeply concerned about Bahrain’s harassment of human rights defenders and journalists, as well as acts of torture there. The United States urged countries with human rights problems to engage with the Office of the High Commissioner. The deteriorating situation in Libya had resulted in human rights abuses, and all parties there should engage in dialogue and put an end to targeting civilians. The United States urged all parties to the conflict in Nigeria to protect civilians. It also referred to the situation in Thailand, and called for respect of freedom of expression and the organization of elections there.

Netherlands said that it was deeply concerned about the increased polarization in Libya and the pressure that this put on the population, especially activists, minorities and women. It fully supported the efforts of the United Nations Special Representative to come to an agreement on a ceasefire and a National Unity Government and stressed the need for dialogue to be as inclusive as possible. It was alarmed about the widespread insecurity and ongoing violations in the Central African Republic and the human rights situation in Yemen.

United Kingdom remained very concerned by the threat from ISIL to the peoples of Syria and Iraq. It continued to support Nigeria as it tackled the terrorist threat posed by Boko Haram. The United Kingdom remained concerned about the dire security and humanitarian situation in the Central African Republic. It supported the work of the International Criminal Court in relation to Côte d’Ivoire. In Mali, the United Kingdom believed that an inclusive and sustainable peace agreement would improve the human rights situation.

China believed that technical assistance could help developing countries strengthen their human rights protection. Through constructive technical assistance and capacity building, countries could enjoy development and thereby promote human rights. There was no one-size-fits-all model. The way States chose to develop their human rights had to be respected. The Human Rights Council had to avoid putting pressure in this respect. Developed countries had to come up with the political will to increase financial support to developing countries.

France said that the fight against impunity in the Central African Republic was crucial in order to discourage armed groups from resorting to violence, and in order to bring justice to victims and bring about national reconciliation. France welcomed the work of the Independent Expert on the situation of human rights in Mali, and supported the extension of his mandate. It also welcomed the adoption of the resolution on the human rights situation in Guinea, the mandate of the Independent Expert on the human rights situation in Côte d’Ivoire, and the full cooperation of Haiti with human rights mechanisms.

Thailand reiterated its support for the High Commissioner and his Office. It believed that the promotion of technical cooperation was not only about securing more resources and funding, but also about strengthening partnership, ensuring better coordination and engaging countries in the sharing of experiences and best practices. Technical assistance and capacity building was even more important as countries embarked to develop future development goals.

Egypt welcomed the measures taken by the Government of Libya to promote human rights, despite the difficult security situation. The rights to physical safety and education, and the rights of women and children were particularly endangered in that country. There was no proper administration of justice and thus Egypt welcomed the appointment of a body to draft the Libyan Constitution, as well as the creation of a national council for civil freedoms.

Senegal said technical assistance was the most important tool to promote and protect human rights, and had to be supported by the true political will by the beneficiary State as well as by the inclusion of civil society actors. Technical assistance and capacity building had to take into account the local realities and required strong support from the international community in order to properly address human rights challenges.

Sudan supported a peaceful solution to the crisis in South Sudan, and underlined the importance of capacity building and technical cooperation in the field of human rights. Sudan was concerned about the situation in Libya, and supported efforts to reach sustainable peace there, including technical support and capacity building in the field of human rights.

Ukraine was committed to implementing human rights reforms, and appreciated human rights technical assistance provided to Ukraine by several international agencies. The United Nations and the Office of the High Commissioner for Human Rights had to expand the mission in Ukraine, and had to have access to all parts of the country, including the occupied Crimea, where the situation continued to deteriorate.

Italy commended the Office of the High Commissioner for Human Rights for its support to the human rights mandate of the United Nations Mission in Libya and for the technical assistance provided to the Libyan authorities. The atrocities in Iraq committed by ISIL were unacceptable. Italy supported Iraq on a bilateral and multilateral basis in its efforts to restore the co-existence among different ethnic and religious communities in the country. In Mali, Italy welcomed all efforts aimed at facilitating the signature by all stakeholders of the Algiers declaration.

Georgia commended Ukraine’s commitment to promote and protect human rights and was deeply concerned about the situation in Crimea, which included human rights abuses by Russian authorities. The United Nations Mission in Ukraine was welcomed but it unfortunately could not access all parts of the country due to the obstruction of the Russian authorities. Georgia supported the sovereignty and territorial integrity of Ukraine, and stood ready to continue to provide aid to Ukraine.

Angola welcomed the provision by the Office of the High Commissioner for Human Rights of technical cooperation aimed at guaranteeing human rights. Strengthening technical cooperation in countries facing difficulty was crucial. Angola had benefited from technical cooperation provided by the Office of the High Commissioner for Human Rights through seminars, especially within the framework of the Universal Periodic Review. International cooperation was crucial in facing enormous challenges. In this regard Angola would continue give its modest contribution to Mali and South Sudan.

Right of Reply

Russian Federation, speaking in a right of reply in response to Canada’s statement, noted that it was unclear what kind of success had been achieved in the area of human rights in Ukraine. Arrests and political detentions continued, and freedom of religion was violated. Mercenaries in Donbass committed crimes, as was reported by international non-governmental organizations. They used prohibited weapons and ammunition. There could be no talk of progress in such a situation. Convoys sent by the Russian Federation were the only form of aid for the survival for the population in the Donbass area. The Minsk Agreements should be strictly complied with, and the Russian Federation called on the international community to put pressure on Ukraine to comply with them. As for Crimea, it was the people there who had made their decision to join the Russian Federation. As for the rights of Tatars, they had all the means to protect their rights.

Thailand, speaking in a right of reply in response to the statement by the United States, said it was disappointing that the situation in Thailand was brought up in the Council. Thailand had been on the brink of a wide internal conflict, which the Government could not allow. Democracy was in the hands of the Thai people, and it was noted that change could not be imposed from outside. As for the martial law, it was used only to stop those who threatened the security of the country, and only a few cases had appeared in front of the court. The Government emphasized inclusiveness, which would be reflected in the drafting of the new Constitution. Thailand was strongly committed to the promotion and protection of human rights.

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For use of the information media; not an official record