人权理事会讨论高级专员关于斯里兰卡的报告（部分翻译）

下午

2015年9月30日

听取关于缅甸、柬埔寨、也门、南苏丹、博科圣地和伊拉克的报告和情况更新讲话，开始有关技术援助和能力建设的一般性辩论

人权理事会今日下午听取关于高级专员斯里兰卡人权状况报告的讲话并就此开展互动讨论。理事会随后听取秘书长和高级专员关于缅甸、柬埔寨、也门、南苏丹、博科圣地和伊拉克国家报告和情况更新的讲话，并开始有关人权领域技术援助和能力建设的一般性辩论。

人权事务高级专员扎伊德·拉阿德·侯赛因在视频讲话中呈报了关于斯里兰卡的报告，对新政府的宪法改革和为言论自由打开的空间表示欢迎。然而仍有关于监控和干预的报告，这就要求安全部门进行更多的改革。泰米尔伊拉姆猛虎解放组织 （Liberation Tigers of Tamil Eelam）和政府安全部队在冲突期间严重违反国际人权法和国际人道主义法，其中很多行为可能构成战争罪和／或危害人类罪。斯里兰卡的刑事司法系统目前尚无法对这些指控进行独立可信的调查。因此高级专员建议成立一个包括国际法官、检察官、律师和调查者的特设混合特别法庭，让受害者对这一进程的独立性和公正性有信心。

作为相关国家发言的斯里兰卡表示，其致力于推动族裔、文化和语言多样性，民主机构，言论自由，法治，善治和人权，以及通过真相、司法、赔偿和保证不再发生机制来促成和解，斯里兰卡还承诺与联合国人权机制和所有其他伙伴进行充分的合作，以保障和维护所有公民的权利。

在随后的互动对话中，发言人对报告关于斯里兰卡冲突各方都犯下了战争罪的调查结果表示关切。然而，发言人为新政府愿意参与联合国人权机制并设立真相、司法、赔偿和保证不再发生的机制深受鼓舞。发言人强调了技术援助对于支持斯里兰卡行动的重要性并突出了人权高专办在这一领域的重要作用。

发言的是欧盟、爱尔兰、韩国、塞拉利昂、俄罗斯联邦、英国、日本、爱沙尼亚、黑山共和国、法国、前南斯拉夫马其顿共和国、越南、巴基斯坦、德国、美国、阿尔巴尼亚、泰国、澳大利亚、加拿大、瑞士、缅甸、斐济、挪威、丹麦、伊朗、联合国儿童基金会、捷克、比利时和新西兰。

发言的还有联合国观察、少数人权利团体国际（Minority Rights Groups International）、亚洲人权与发展论坛（Asian Forum for Human Rights and Development）、反对一切形式的歧视和种族主义国际运动（International Movement Against All Forms of Discrimination and Racism）、国际法学家委员会（International Commission of Jurists）、绿化母国基金会（Pasumai Thaayagam Foundation）、解放组织（Liberation）、世界公民参与联盟（CIVICUS）、人权观察、国际特赦组织、加拿大律师人权观察（Lawyers’ Rights Watch Canada）、残疾人联盟（League of Persons with Disabilities）、创意社区项目联盟（Alliance Creative Community Project）、马里青年农业协会（Association des Jeunes pour l’Agriculture du Mali）、布基纳法索儿童生存协会（Association Burkinabe pour la Survie de l’Enfance）、毛里塔尼亚法律促进协会 （Association Mauritanienne pour la Promotion du droit）、世界福音派教会联盟（World Evangelical Alliance）和独立研究和提倡对话中心 （CIRID – Centre independent de recherches et d’initiatives pour le dialogue）。

理事会随后听取人权事务高级专员和秘书长呈报国家报告和口头情况更新。

人权事务副高级专员弗拉维亚·潘谢里在介绍高级专员的国家报告和口头情况更新时表示，缅甸政府在一些重大人权议题上取得的进展与解决针对罗兴亚人的体制性歧视方面的进展并不相称。因此促请缅甸取消国内对行动自由的限制并启动该社群再次融入社会的进程。她对柬埔寨限制言论、结社与和平集会自由且司法部门缺乏独立性并存在着腐败问题这一点表示关切。政府令人震惊地宣布计划驱回200名寻求庇护者，以及《社团及非政府组织法》的颁布都是一大问题。她促请也门国家调查委员会和其他主管当局确保对各方犯下严重侵犯行为的所有可靠指控开展迅速、彻底、有效、独立而公正的实地调查。随着盟军施加海上封锁，人道主义危机不断深化，百分之八十的人口需要人道主义援助。

主管人权事务助理秘书长伊万·西蒙诺维奇（Ivan Šimonović）在呈报秘书长的国家报告和口头情况更新时表示，南苏丹的安全状况仍然极其动荡和紧张，因此也发生了针对平民人口的人权侵犯和侵害行为。最近签订的和平协议重新带来了正义和打破有罪不罚循环可能性的希望。博科圣地犯下的人权侵犯和侵害行为，特别是针对妇女和女童的行为，可能构成战争罪和危害人类罪。仅仅通过军事手段却不解决博科圣地运动的根本原因无法达成和解和可持续的和平。关于伊拉克的状况，伊拉克与黎凡特伊斯兰国实施的残忍行径仍然十分猖獗，针对的是少数和宗教社群，妇女和儿童。确保对罪行和侵犯行为问责并让受害者得到正义，这是恢复社群间互信的前提。

缅甸、柬埔寨、也门、南苏丹、喀麦隆、乍得、尼日利亚和伊拉克作为相关国家发言。

缅甸表示，“罗兴亚人”一词从未在族裔历史中存在过，并解释称缅甸营救了船上的数百名移徙者。若开邦未再发生暴力，在安置救济营里的人方面作出了努力。

柬埔寨再次重申其坚定地致力于司法改革，目的是保障司法部门的独立性，柬埔寨已在土地和住房权方面作出了巨大努力。最近颁布的非政府组织法旨在扩大非政府组织的自由并将其合法化，以更透明地在法律内运作。

也门表示已采取措施调查针对平民的空袭并与人权事务高级专员办事处合作。罪行要以尽可能严厉的方式惩处。

南苏丹表示已落实确保和解、救助和问责的国家机制。已落实停火行动和过渡时期安全安排，国内的安全状况已恢复正常。

喀麦隆表示，与博科圣地之战需要国家和国际层面各方行为者的协调努力，需要人道主义和技术支持。

乍得称博科圣地继续加强攻击。随着难民数量的增加，这一状况给乍得带来了预算压力和卫生危机。

尼日利亚表示，博科圣地的活动在继续不断地减少，这是由于尼日利亚、喀麦隆、乍得、尼日尔和贝宁的继续努力，尼日利亚促请各方承认当前针对博科圣地的运动。

伊拉克对伊拉克与黎凡特伊斯兰国犯下的暴行表示谴责，将严肃对待据称其他各方犯下的侵犯行为，并将采取措施调查它们。已采取措施确保恐怖分子未渗透到境内流离失所者之中。

在随后关于技术援助和能力建设的一般性辩论中，发言人对该议程项目下讨论的一些国家状况表示关切。他们对人权领域的技术援助和能力建设表示支持，并鼓励各国与联合国机制合作。

在一般性辩论中发言的有代表欧盟的卢森堡、代表法语国家国际组织的摩洛哥、代表阿拉伯集团的沙特阿拉伯、代表意见相同的会员国小组的印度、代表非洲集团的阿尔及利亚以及代表伊斯兰合作组织的巴基斯坦。

苏丹作了答辩发言。

人权理事会将于10月1日（周四）上午9点结束关于技术援助和能力建设的一般性辩论。之后将开始采取草案决定和决议方面的行动。

Documentation

The Council has before it a report on promoting reconciliation, accountability and human rights in Sri Lanka - Report of the Office of the United Nations High Commissioner for Human Rights (A/HRC/30/61)
Presentation of the Report on Sri Lanka

ZEID RA’AD AL HUSSEIN, United Nations High Commissioner for Human Rights, in a video message, presented the report on promoting reconciliation, accountability and human rights in Sri Lanka, and the findings of the comprehensive investigation mandated by the Human Rights Council resolution 25/1. The context in which the report was presented was very different from the one during which it had been mandated, said the High Commissioner, noting that the January 2015 Presidential elections had marked a watershed in the political environment in Sri Lanka. The manifesto of the new Government included a 100-day programme of important constitutional reforms, and a space had significantly opened up for freedom of expression, at least in Colombo. But surveillance and interference continued to be reported at the district level in the north and east, including harassment and intimidation by military and intelligence services, which demonstrated the pervasiveness of the structures and institutional cultures that had created the repressive environment of the past, and highlighted the importance of much more fundamental security-sector reforms.

The investigation had found that there were reasonable grounds to believe that gross violations of international human rights law and serious violations of international humanitarian law had been committed by all parties during the period under review, and that many of the allegations might amount to war crimes, and/or crimes against humanity. Sri Lankan security forces and paramilitary groups associated with them had been implicated in widespread and unlawful killings of civilians and other protected persons, with Tamil politicians, humanitarian workers and journalists particularly targeted. The Liberation Tigers of Tamil Eelam (LTTE) had unlawfully killed civilians, rival Tamil political figures, public officials and academic figures. The investigation documented long-standing patterns of arbitrary arrests and detentions, and widespread torture by government security forces, particularly in the immediate aftermath of the armed conflict, when former LTTE and civilians had been detained en masse, and the widespread use of rape and other forms of sexual violence against both female and male detainees. The investigative team also documented extensive recruitment and use of children by the LTTE over many years.

Both the Government and the LTTE had failed to comply with key principles of international humanitarian law on the conduct of hostilities designed to protect civilians. The sheer number of allegations, their gravity and recurrence and the similarities in their modus operandi pointed to system crimes; such acts could not be treated as ordinary crimes and they were of interest to the international community. Sri Lanka’s criminal justice system unfortunately was not currently equipped to conduct an independent and credible investigation into allegations of this breadth and magnitude, or to hold accountable those responsible for such violations. It lacked a reliable system for victim and witness protection, its domestic legal framework was inadequate to deal with international crimes of this magnitude, and the State’s security sector and justice system had been distorted and corrupted by decades of impunity. This was why the High Commissioner for Human Rights had recommended the establishment of an ad hoc hybrid special court, integrating international judges, prosecutors, lawyers and investigators, mandated to try notably war crimes and crimes against humanity, with its own independent investigative and prosecuting organ, defence office and witness and victim protection programme. In a highly polarized environment, such a mechanism was essential to give all Sri Lankans, especially victims, confidence in the independence and impartiality of this process. This was a time of tremendous hope, said High Commissioner Zeid, in which Sri Lanka could finally break the cycle of impunity that for so long had wracked its past. This would require more than prosecuting a few emblematic cases. It would require a comprehensive approach that drew on the full range of transitional justice measures of judicial accountability, truth-seeking, reparations, and deep institutional reform.

Statement by Sri Lanka as the Concerned Country

Sri Lanka said the President and Prime Minister of the country aimed to create a ‘New Sri Lanka’, where ethnic, cultural and linguistic diversity, independent democratic institutions, freedom of expression, rule of law, good governance, and protection of human rights were fully ensured. Accordingly, efforts had been launched immediately to restore and renew the country’s relations with the international community. Soon after the parliamentary election on 17 August, the President and the Prime Minister had worked to forge a National Unity Government that was essential for the political and policy stability required for reconciliation to succeed. The Government’s new vision intended to achieve reconciliation and uphold human rights via setting up mechanisms for truth seeking, justice, reparations, and non-recurrence through consultations with all stakeholders. Sri Lanka would work with the High Commissioner, his Office, systems and procedures of the Human Rights Council, and all other partners to safeguard and uphold the rights of its citizens.

Interactive Dialogue

European Union hoped that this report would make a major contribution to the efforts to establish truth and deliver justice in Sri Lanka, as it sought to address the legacy of the civil war. The full implementation of the Government’s commitments was now needed, starting with prompt action on a fully participatory national consultation, especially with victims, for the design of a comprehensive justice process and the immediate adoption of essential confidence building measures.
Ireland was seriously concerned by the report’s findings of violations and abuses of human rights as well as crimes during the armed conflict. The report’s recommendations were essential in the process of promoting reconciliation, accountability and human rights in Sri Lanka.

Republic of Korea appreciated the ongoing work carried out by the High Commissioner on Sri Lanka. It was very encouraging that his findings and recommendations had been received, and begun to be implemented by the new Government. The delegation highlighted the commitment by Sri Lanka in the area of accountability to establish independent, credible and empowered mechanisms for truth-seeking, justice and reparation as well as guarantees of non-occurrence. Sierra Leone commended the newly elected Government of Sri Lanka for its willingness to engage in dialogue and to cooperate with the international human rights mechanisms. Sierra Leone remained concerned that rape and similar forms of violence against women and girls had served as a widespread tool for intimidation. Nevertheless, any investigation into alleged atrocities or violations should not be prejudicial to the process.

Russian Federation noted Sri Lanka’s openness to dialogue on human rights, and its willingness to discuss ways to solve problems through technical assistance. Sri Lanka should itself decide which assistance it needed and which recommendations it would follow. Prosecutions of past crimes should be undertaken by Sri Lanka itself. United Kingdom said it was essential to acknowledge past human rights violations and abuses to ensure justice and reconciliation and to end impunity. It was encouraging that Sri Lanka had taken steps towards accountability and reconciliation, including the replacement of military governors in the north and east with civilians. The United Kingdom welcomed the Government’s willingness to engage with the Council and to develop a process of reconciliation. Japan supported positive steps and measures by Sri Lanka, and said it was imperative to promote Sri Lanka’s own efforts towards reconciliation. It was important to provide Sri Lanka with technical assistance, and the Office of the High Commissioner for Human Rights played a crucial role in this regard. Japan welcomed the establishment of mechanisms for truth, justice, reparation and non-recurrence. Japan planned to send a prominent Japanese prosecutor to Sri Lanka next month to support efforts there. Estonia said the findings of the Office of the High Commissioner contained sufficient evidence that gross human rights violations and violations of international humanitarian law had been perpetrated by all parties. Estonia invited Sri Lanka to ratify the Rome Statute of the International Criminal Court, and to hold wide consolations on reconciliation, involving all communities.

Montenegro agreed that Sri Lanka had a historic opportunity to address the grave human rights violations and abuses from the past conflict and stressed that only a credible approach to the investigation of serious crimes committed in the past and ensuring justice for victims and their families could help the country find durable peace, and improve the rule of law and the human rights situation at large. France said that the report portrayed a full picture of tragic events that had unfolded in Sri Lanka between 2002 and 2011 which might amount to crimes against humanity. The rapid establishment of a credible and independent transitional justice mechanism was a crucial element for justice and durable peace. The former Yugoslav Republic of Macedonia encouraged Sri Lanka to continue with its meaningful reforms in the areas of justice and reconciliation, and its engagement with the international community. The improvement and the implementation of the Witness Protection Act would be of utmost importance in the administration of justice, and it was hoped that Sri Lanka would accept involvement of international experts in this process. Viet Nam encouraged Sri Lanka on its path towards reconciliation, and commended the recent positive developments in the country, which would contribute to the improvement of the situation on the ground.

Pakistan said that after the end of the struggle against terrorism, the people of Sri Lanka deserved the support and assistance of the international community to rebuild their country. Despite the challenges of the past three decades, Sri Lanka had remained a free and democratic society. As a sovereign and proud nation, Sri Lanka had the right to chart its own course in pursuing its domestic agenda. Germany said the developments in Sri Lanka were an inspiring example and an encouraging sign for the future of the country. After decades of war, the society needed a broad and comprehensive process of reconciliation, making sure that victims and their families were heard. It was vital that all communities were involved in that process, regardless of their ethnic and religious background. United States said the new Government in Sri Lanka sought to address the legacy of the civil war, yet much more needed to be done to overcome all the challenges faced by the country. The United States appreciated Sri Lanka for its open and transparent cooperation with all partners. Albania warmly welcomed the fair and free parliamentary elections, and the presidential elections held in January and August 2015. The delegation expressed concern for the reports of ongoing violations of human rights, and encouraged the Government to deliver its commitments to put an end to those violations.

Thailand supported Sri Lanka’s efforts for truth, justice and reconciliation, and encouraged legislative reforms to ensure the implementation of its commitments and the recommendations by the High Commissioner for Human Rights. Australia recognized the Sri Lankan Government’s efforts to engage with the international community, and its constructive response to the High Commissioner’s report. Implementing mechanisms for truth, justice, reparation and guarantees of non-recurrence would provide Sri Lanka with a platform to achieve genuine reconciliation. Canada said progress remained to be achieved to consolidate democracy, human rights and the rule of law. It encouraged Sri Lanka to follow through on its commitments to undertake an independent investigation, including active engagement with all stakeholders when designing and implementing transitional justice processes. Switzerland was deeply concerned by war crimes and serious human rights violations by all parties in Sri Lanka, and called on Sri Lanka to amend its criminal code to fully criminalize the most serious crimes with a retroactive effect, and to ratify the Rome Statute of the International Criminal Court.

Myanmar welcomed the progress in Sri Lanka on the issues of human rights, rule of law, governance, justice, institutional and legal reform and reconciliation. Myanmar commended Sri Lanka for its continued cooperation with international human rights mechanisms, particularly with the High Commissioner for Human Rights. Fiji noted many positive steps taken by the Government of Sri Lanka since the end of the civil war to ensure accountability for all crimes, democratic values and the rule of law. It expressed understanding for the serious implications on development when a country was forced to contain and control political and social instability. Norway appreciated the commitments and initial steps taken by the new Sri Lankan Government to set up independent, credible and empowered mechanisms for truth-seeking, justice, reparations and guarantees of non-recurrence. It supported international assistance to that end. Denmark noted that justice and accountability were keys elements for reconciliation, adding that Sri Lanka had consistently failed to independently or credibly investigate the alleged human rights violations. It thus fully supported the High Commissioner’s call for a solid and credible justice process with the support and participation of the international community to ensure accountability for war crimes and crimes against humanity.

Iran said that the success of the mechanism would require common understanding of the challenges and history, and should take into account cultural diversity. Iran underscored that technical assistance and capacity activities building must be taken with the consent of the concerned country. United Nations Children’s Fund said that children had borne the brunt of the war in Sri Lanka. The reconciliation process must recognize the damage the conflict had caused to childhood and all efforts must be made to ensure that children were brought into the national discussion about the causes, injustices and impacts of the conflict as a means to break the inter- and intra-generational transmission of suspicion and mistrust. Czech Republic stressed that Sri Lanka’s progress towards a society based on respect for human rights and the rule of law depended on the effective delivery of accountability and reconciliation. The Czech Republic supported the proposal to complement national efforts with an international component. Belgium said that the High Commissioner’s report could not leave anyone indifferent and that the criminal behaviour should not go unpunished. Belgium supported the call to dispense with the current Presidential Commission on missing persons and create a credible independent institution which could deal with the sorrow of many families of victims.
New Zealand recognized the efforts of the Sri Lankan Government over the past nine months to develop a reform programme designed to achieve meaningful reconciliation. It welcomed the 2015 presidential and parliamentary elections, which were recognized as the most free and fair in Sri Lanka’s history. It viewed the latest Government measures as a significant step towards genuine reconciliation and political devolution, especially for Tamil communities in the north and east of the country.

United Nations Watch expressed disappointment at the Sri Lankan Government’s refusal to meet or cooperate with the investigation by the Office of the High Commissioner for Human Rights, and the fact that Government officials sought to undermine the investigation. It was alarmed by the documented violations of the laws of armed conflict by both Government forces and the LTTE, and the oppression of the Tamils and other minority groups. Minority Rights Group noted that years after the formal end of the conflict, impunity persisted; the situation remained grave for minority women. Many faced chronic insecurity, protracted displacement, land grabbing and the threat of sexual violence. The Muslim community, but also Christians, faced violent attacks and hate speech. Asian Forum for Human Rights and Development expressed serious concern about the gross and systematic crimes in Sri Lanka and urged the Government and people of Sri Lanka and the international community to address the findings of the report and fully implement its recommendations.

International Movement Against All Forms of Discrimination and Racism regretted that it had taken six long years for the international community to recognize war crimes, crimes against humanity and gruesome gender-based violence in Sri Lanka committed by both sides of the conflict. The Government should fully implement all recommendations, including reforming the security sector and establishing the hybrid court. International Commission of Jurists said it had documented the erosion of judicial independence and impartiality in Sri Lanka and the resulting culture of impunity. Any credible and effective accountability process in Sri Lanka must involve, at a minimum, a majority of international judges, prosecutors and investigators; the Commission welcomed the recommendation for a hybrid court. Pasumai Thaayagam Foundation said that even the new Government had not allowed the investigative team to visit the country, and Tamil people in Sri Lanka still lived in fear. The Foundation urged the Office of the High Commissioner for Human Rights to establish a presence in the north and east of Sri Lanka to ensure effective witness protection. Liberation stressed that the credibility of the mechanism proposed by the High Commissioner that would serve truth, justice and accountability would largely depend on the sincere and genuine cooperation of Sri Lanka. This was the chance for the Human Rights Council to act as a guardian and guarantor for the future conduct and cooperation of one of the members of the United Nations.

CIVICUS - World Alliance for Citizen Participation noted the seriousness of the findings of the report on the plight of civilians in Sri Lanka. All victims should be able to look at the Council as a forum for support. Regrettably, the Council had largely failed to provide them with redress. Acts of intimidation were brought to the building of the Council itself in order to silence any dissent against the Government of Sri Lanka. Human Rights Watch stated that the Government of Sri Lanka and the international community needed to engage credibly, promptly and transparently to see that the report’s recommendations were implemented. The Government had to accelerate the return of confiscated lands; end divisive military involvement in civilian activities in the country’s north and east; investigate allegations of attacks on civil society, media and religious minorities; and work towards the devolution of authority. Amnesty International drew attention to unfair legal proceedings and lack of witness protection in Sri Lanka and appealed to the international community and the Human Rights Council for help. Lawyers’ Rights Watch Canada noted that the Sri Lankan Government for good reason lacked the basic trust of the predominantly Tamil war-affected population. Without such trust any domestic accountability mechanism would lack credibility and meaning. League of Persons with Disabilities emphasised that the Tamil people had suffered tremendously in the past 67 years and they were counting on the United Nations and the international community to give them justice and assure their protection. The Tamil people were disappointed that the report did not fully refer the issue to the International Criminal Court or a full international mechanism.

Alliance Creative Community Project appreciated the findings of the report, and welcomed its recommendations on the comprehensive criminal investigation. All future steps regarding a criminal investigation must make sure that the current ‘distorted and corrupted’ Sri Lankan judicial structures were excluded until reforms were made. Association des Jeunes pour l’Agriculture du Mali said the ethnic conflict still continued in Sri Lanka. In order to move forward and create genuine reconciliation, it was vital that the root causes were addressed. A conducive atmosphere could eliminate the fear and insecure feelings felt among the Tamil people in the island. However, the new Government had not shown its political will to create normalcy in the country. Association Burkinabe pour la Survie de l’Enfance said Sri Lanka had used the concept of ‘sovereignty’ as a defence against international ‘intervention’, and executed its genocidal plans on Tamils. The organization welcomed the Secretary-General’s referral of Syria to the International Criminal Court, and hoped that there would be an international criminal tribunal for Sri Lanka to investigate the genocide against Tamils. The representative of Association Mauritanienne pour la Promotion du droit said she was the direct eye witness to several crimes committed by the Government from 1983 to date, including the massive genocidal war on Vanni in 2009. The unitary state system in the island denied Tamils’ nationhood, sovereignty, and the right to self-determination. Without addressing such denial, there could be no political solution or justice for the Tamil people.

World Evangelical Alliance said that since 2012, several thousand incidents had been recorded against Evangelicals in Sri Lanka; victims of religious persecution were often denied legal recourse, and courts often pressured victims and lawyers to settle cases. CIRID – Centre independent de recherches et d’initiatives pour le dialogue said that no real progress had been made since the end of the war in Sri Lanka to deliver justice to Tamils. There could be no real justice for Tamils without an independent international investigation in the war crimes committed during the conflict in Sri Lanka.

Concluding Remarks on the Report on Sri Lanka

FLAVIA PANSIERI, Deputy United Nations High Commissioner for Human Rights, thanked the delegations for their appreciation of the report which could not have been possible without the active contribution of victims and their families, sometimes at risk to their well-being. The environment in Sri Lanka since the Human Rights Council had mandated the Office of the High Commissioner for Human Rights, until today, had considerably changed, and there was hope that together, it would be possible to address the issues and wounds that still remained open after the painful events during the internal war. The Office was prepared and keen to provide technical advice and support in key tasks, notably in the extensive consultation process leading to the establishment of a fair and transparent mechanism to ensure accountability for past crimes; legislative reform, especially in relation to the Anti-Terrorism Act; and in the larger area of truth, reconciliation and guarantee of non-recurrence. Sri Lanka had already issued an invitation to several Special Procedures, and the Council should continue to devote attention to the progress in Sri Lanka, and to provide support through bilateral and multilateral channels in a coherent and coordinated manner.


Documentation
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The Council has before it a report on the situation of human rights in Yemen - Report of the Office of the United Nations High Commissioner for Human Rights (A/HRC/30/31)
The Council has before it a report on the promotion and protection of human rights in Iraq - Report of the United Nations High Commissioner for Human Rights (A/HRC/30/66)
The Council has before it a report on violations and abuses of human rights and atrocities committed by the terrorist group Boko Haram in the countries affected by such acts - Report of the United Nations Office of the High Commissioner for Human Rights (A/HRC/30/67)
Presentation of Reports and Oral Updates by the Secretary-General and the High Commissioner under Agenda Items 2 and 10

FLAVIA PANSIERI, Deputy United Nations High Commissioner for Human Rights, introduced reports on Myanmar, Yemen and Cambodia. After 50 years of military rule and armed conflict, the Government of Myanmar had undertaken sweeping and potentially transformative reforms, accelerating economic development, and relaxing restrictions on civil and political rights. However, its advances on a number of important human rights issues were not matched with progress to address institutionalized discrimination against Rohingya and other minorities. Since 2012, an ever-increasing number of Rohingya Muslims had risked their lives to depart Myanmar. The atrocious conditions under which they lived were overlaid by discriminatory laws, policies and practices - forms of institutionalized discrimination. The 1982 Citizenship Law denied equal access to citizenship to ethnic minorities that were not listed under its regulations, leading to the creation of one of the largest stateless populations in the world. Since the violence in Rakhine in 2012, violence against Muslim communities had occurred in several locations across the country, leaving some 130,000 internally displaced persons in Rakhine. The deteriorating living conditions of those displaced, and the severe and discriminatory restrictions on freedom of movement, continued to affect all areas of life, including access to health, education and basic services, entrenching the marginalization of Muslims, particularly the Rohingya. The Government of Myanmar was thus urged to remove freedom of movement restrictions in the State and begin a process of reintegration of communities.

Turning to Cambodia, Ms. Pansieri noted that the Government’s stance toward freedoms of expression, association and peaceful assembly had become increasingly restrictive. In addition, its alarming announcement that it planned to refoule over 200 asylum seekers was of great concern. Cambodia had pursued laudable reforms in court administration with the assistance of the Office of the High Commissioner, leading to notable results, including a significant reduction in excessively delayed cases awaiting appeal. Nevertheless, serious concerns about the independence of and corruption in the judiciary persisted. The Office of the High Commissioner for Human Rights continued to build the capacity of other national counterparts on the Peaceful Demonstration Law and the use of force; of prison officials on the rights-based approach to prison management; and of government and private sector actors on business and human rights. Another deeply worrying development was the promulgation of the Law on Associations and Non-Governmental Organizations, which created burdensome new requirements for civil society organizations and allowed for denial of registration without explanation. The judicial harassment of the minority party intensified, with 11 members and supporters recently convicted of “insurrection” and three more charged.

As for Yemen, in the period from 1 July 2014 until 30 June 2015, the human rights situation had seriously deteriorated. The report highlighted alleged violations and abuses by all parties. The Office of the High Commissioner for Human Rights urged the Yemen National Commission of Investigation and other competent authorities to ensure prompt, thorough, effective, independent and impartial investigations on the ground into all credible allegations of serious violations and abuses by all parties. The Office had gathered information indicating that over 2,355 civilians had been killed and more than 4,862 wounded. With the naval blockade imposed by the Coalition Forces, the humanitarian crisis continued to deepen. An estimated 21 million Yemenis, which was 80 per cent of the population, required humanitarian assistance. The Office of the High Commissioner in Yemen needed reinforcement in order to provide scrutiny for human rights violations and accountability in the future.

IVAN ŠIMONOVIĆ, Assistant Secretary-General for Human Rights, said that in July 2015, the Human Rights Council had requested the Office of High Commissioner for Human Rights 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 of human rights. South Sudan continued to witness an extremely volatile and tense security situation with consequent human rights violations and abuses. The United Nations peacekeeping mission in the country continued to receive reports of gross human rights violations and abuses against the civilian population. Furthermore, the humanitarian situation had worsened, with more displacements resulting from the continuous fighting. At the end of August, there had been more than 1.6 million internally displaced persons in the country, and over 600,000 refugees had fled to neighbouring countries. To that end, insecurity and consequently human rights violations and abuses were spreading to other states previously not affected by the crisis, in particular the Equatoria and Lake states. The recently signed peace agreement offered renewed hope for justice and a chance to break the long cycle of impunity that the country had been enduring.

Turning to Boko Haram, Mr. Šimonović noted that the Office of the High Commissioner for Human Rights had deployed human rights officers to Cameroon, Chad, Niger, and Nigeria. In those countries, the officers had received information from witnesses and victims on allegations of human rights abuses and violations under international humanitarian law committed by Boko Haram. Some of those acts could amount to war crimes and crimes against humanity. Although the greatest majority of victims could be attributed to Boko Haram, heavy-handed military as well as the affiliated militias' response, had taken its toll. The increasing humanitarian impact of the insurgency had 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 had intensified in the past few weeks. The magnitude of women and girl victims of Boko Haram atrocities was particularly concerning. Accordingly, he called upon relevant authorities to provide urgent and compassionate assistance to these victims. Reconciliation and sustainable peace could not be achieved simply through military means without addressing the root causes of the Boko Haram movement.

On the situation of Iraq, Mr. Šimonović highlighted that the United Nations Assistance Mission for Iraq estimated that as of 27 September, 5,902 civilians had been killed in 2015. The brutality of the so-called Islamic State in the Levant had continued unabated. Targeted ethnic and religious communities continued to suffer from a range of violations at ISIL hands. Women and children had been specifically targeted. Ensuring accountability for crimes and violations and providing justice to the victims was a pre-requisite to restoring trust between communities. It was his hope that future reforms were undertaken in an inclusive, transparent and consultative manner.

Statements by Concerned Countries

Myanmar, speaking as a concerned country, strongly rejected resolution 29/21, on which the High Commissioner had based his report. The term “Rohingya” had never existed in Myanmar’s ethnic history, and its use had always been rejected by the people of Myanmar. Regarding the issue of smuggling and human trafficking, Myanmar had rescued several fishing boats off the coast of Rakhine State, saving hundreds and providing rescued people with temporary shelter, food, water, healthcare and other humanitarian assistance. Most of the boat people who came ashore were not from the country and purposely identified themselves as “Rohingya” to gain access to international protection. The Government had taken initiatives to facilitate access to citizenship in view of the next elections, and no one was discriminated against in this process on the basis of race or religion. Laws adopted in relation to faiths sought to prevent forced religious conversions and combat harmful practices on the ground of religion. Concerning violence, there had been no recurrence of violence in Rakhine state since 2012, and efforts had been undertaken to re-settle those in relief camps.

Cambodia, speaking as a concerned country, appreciated the Office of the High Commissioner’s continued support for education, training and seminars on human rights to various sectors of the society. It reiterated its firm commitment to judicial reform with a view to ensure the independence of the judiciary, including through a law on the statute of judges and prosecutors, a law on the organization and functioning of courts, and a law on the organization and functioning of the Supreme Council of Magistracy. Cambodia also appreciated the support of the Office of the High Commissioner on its prison reform, including through organizing training for prison staff. Cambodia had made great efforts regarding land and housing rights in setting up and adopting policies, laws and regulations to respond to the needs of the population. The eviction of people was not a policy, and was carried out in compliance with international standards. The recently enacted law on non-governmental organizations did not intend to limit the freedoms of civil society organizations, but to expand and legitimize their freedom to more transparently operate within the law and to enhance effective cooperation between them and the Government.

Yemen, speaking as a concerned country, recalled that the Government had been closely following the issue of air strikes against civilians, and that it had been undertaking measures to investigate those strikes. The most serious crimes committed by the Houthi militias were the destruction of the social fabric and hate speech. The militias sought to bring war based on sectarian discourse. The crisis in Yemen deserved the condemnation of the entire international community. The Yemeni Government had always actively cooperated with the Office of the High Commissioner for Human Rights. It recalled that for justice to be served there had to be national willpower, and crimes had to be punished in the severest way possible. An independent body had to be created to investigate alleged crimes. The Government invited all relevant bodies to return to work to ensure respect for human rights.

South Sudan, speaking as a concerned country, reiterated that the primary responsibility for the protection of civilians and the promotion of international human rights laws and international humanitarian laws lay with States. The Government of South Sudan had put in place national mechanisms to ensure reconciliation, healing and accountability. It had also cooperated fully with the African Commission of Inquiry. The ceasefire and transitional security arrangements were in place and the security situation had returned to normal in the country. The Government had started the withdrawal of the National Army from the capital Juba, in compliance with security arrangement provisions. South Sudan called on the Human Rights Council, regional groups and other partners to strengthen and support the national Government by providing technical assistance and capacity building in order to support the implementation of the peace agreement.

Cameroon, speaking as a concerned country, said the activities of Boko Haram included the use of innocent children and women as suicide bombers, targeting of civilian populated areas, summary executions, torture and be-heading of victims. The terrorist group had caused not only deaths and injuries among the population, but had also created a stream of internally displaced persons. War against Boko Haram needed the coordinated efforts of all actors at the national and international level. Concluding, Cameroon called on the United Nations and the international community to ensure humanitarian and technical support to Cameroon.

Chad, speaking as a concerned country, thanked the High Commissioner for preparing the report on the actions of the terrorist group Boko Haram. The murderous attacks carried out by this terrorist group against innocent civilians in the Lake Chad region had led to a wave of returnees and refugees coming from Nigeria. These attacks and the consequences had affected the socio-economic situation in Chad, creating a budgetary burden and health crisis for the country.

Nigeria, speaking as a concerned country, said the report validated Nigeria’s previous statements to the Council that Boko Haram had committed serious human rights abuses, and violated international human rights law. The positive development was that the heinous activities of the terrorist group continued to diminish as a result of renewed efforts of the combined military forces of Nigeria, Cameroon, Chad, Niger, and Benin. There was abundant verifiable evidence in the report of the activities of Boko Haram, including the killing of innocent civilians, abductions of women, boys and girls, forced marriages, forced labour, forced conversions to Islam, and sexual and gender based violence. While Nigeria remained committed to the investigation and punishment of all infractions of human rights by any persons, the delegation urged all parties to recognise the ongoing campaign against Boko Haram.

Iraq, speaking as a concerned country, stated that the Commission of Inquiry’s report highlighted the latest human rights violations and abuses, including the cutting of water supplies for criminal purposes. ISIS openly committed crimes that challenged all international human rights standards. It was regrettable that the report attached the label “Sunni” to certain groups that fought for their freedom and security. The report also documented some daily activities of international humanitarian activities, and detailed alleged violations by elements not committed by the ISIS. Those allegations were taken seriously by the Government and it would take measures to investigate them. Internally displaced persons were very well received, but some measures were taken to ensure that they were not infiltrated by terrorists. The Government agreed with the report’s observations on ethnic and religious minorities being targeted by ISIS. It noted that it was committed to its international obligations regarding torture.

General Debate on Technical Assistance and Capacity Building

Luxembourg, speaking on behalf of the European Union, remained concerned about the number of victims and grave human rights violations in eastern Ukraine and Crimea, which was illegally annexed by the Russian Federation. It also deplored the security and humanitarian situation in Libya and the Central African Republic. The human rights situation in Sri Lanka, the humanitarian crisis in Yemen, and impunity in South Sudan also raised concerns. While welcoming the progress made by the Democratic Republic of the Congo, the European Union regretted persistent violence in the east of the country which had led to human rights violations.

Morocco, speaking on behalf of the International Organization of Francophonie, invited the international community to supply appropriate financial and logistical resources to the Democratic of Congo in order to fight impunity. As for the Central African Republic, the Group reiterated its encouragement and full support for the national authorities to implement the recommendations of the Independent Expert concerning the next presidential and parliamentary elections, and the investigation of alleged crimes of sexual abuse committed by international forces. The Group also welcomed the efforts of Cambodia to engage in a constructive dialogue with the Independent Expert on the improvement of human rights.

Saudi Arabia, speaking on behalf of the Arab Group, drew attention to the fact that Yemen had faced numerous crises caused by the Houthis, including overturning the legitimate government and commandeering the country’s resources. The Houthis had committed serious human rights violations, including the destruction of homes, and blocking the delivery of medicines and food. The situation in Yemen required support and assistance in order to restore security and stability. The Arab Group was committed to provide all forms of aid to restore stability, the rule of law, and respect for human rights in Yemen.

India, speaking on behalf of the Like-Minded Group, said the Council’s efforts should focus on providing technical assistance to States at their request, to develop necessary institutions for that purpose. The Like-Minded Group’s collective experience suggested that engaging in a constructive dialogue with a country in need of assistance was a more pragmatic way forward.

Algeria, speaking on behalf of the African Group, welcomed the collaboration of countries affected by the terrorism group Boko Haram in the Lake Chad region, and the creation of a multinational force to deal with it. Nigeria was congratulated for providing $ 50 million to this force. The African Group condemned the atrocities committed by Boko Haram, which continued to violate human rights, without any respect for international humanitarian law.

Pakistan, speaking on behalf of the Organization of Islamic Cooperation, said it was important to take all necessary measures to address the spread of discrimination and prejudice against Muslims in Myanmar. There was an urgent need to address the root causes of violence against Rohingya Muslims and the Organization of Islamic Cooperation urged the Government to conduct credible and independent investigations into allegations of widespread and systematic human rights violations against Muslims in Myanmar and reform the Citizenship Act.

Right of Reply

Sudan, speaking in a right of reply, thanked all the Governments for their support and cooperation. Sudan confirmed its commitment to cooperate with all international bodies. However, it noted that turning a blind eye on all human rights abuses committed by terrorist groups, and on unilateral sanctions by some Governments, made it very difficult to meet international human rights obligations.

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