人权理事会
上午

2016年6月20日

结束关于暴力侵害妇女问题以及在法律和实践中歧视妇女问题的互动对话

人权理事会今天上午与境内流离失所者人权问题特别报告员查洛卡•贝亚尼（Chaloka Beyani）以及法外处决、即审即决或任意处决问题特别报告员克里斯托夫•海恩斯（Christof Heyns）开展了一次集体互动对话。理事会也结束了其与暴力侵害妇女问题特别报告员杜布拉夫科娃•西蒙诺维奇（Dubravka Šimonović）以及在法律和实践中歧视妇女问题工作组主席弗兰西斯•莱迪（Frances Radday）的集体互动对话。

贝亚尼先生在呈交报告时表示，2015年末，有四千万人民由于冲突沦为境内流离失所者，有无数人由于灾害、暴力和发展项目而流离失所。必须更多地检查和关注发展和商业活动作为推动因素所发挥的作用，还需要更多地考虑在原籍国保护流离失所者，尤其是边缘化群体及其易遭到流离失所的问题。各国需要优先制定改善自力更生的解决方案，将境内流离失所者融入国家安全网、教育方案、劳动力市场和发展计划。贝亚尼先生还呈交了对伊拉克、叙利亚、菲律宾和洪都拉斯的国家访问报告。

海恩斯先生在呈交报告时提到了关于联合国《有效防止和调查法外处决、任意处决和即审即决手册》（或称《明尼苏达议定书》）正在修订的一份文件，这项关键案文为在实践中落实保护生命的职责和调查潜在非法死亡的义务提供了指导。他表示，这份专题报告提出了各国在执法中越来越多使用私营安保公司所带来的挑战，提出了各国有责任对此类活动增加管制和立法框架，包括禁止致命武器的使用，除非这在严格意义上无法避免、其使用是适当且必要的。特别报告员还呈交了一份在乌克兰的访问报告和其在墨西哥访问的跟进报告。

洪都拉斯、伊拉克、菲律宾、叙利亚和乌克兰作为当事国发言。

在讨论境内流离失所者的人权时，发言者警觉地指出了冲突导致的流离失所者急剧增加的问题。他们坚持，需要以更加强有力和综合的方式进行以结果为导向的持久解决倡议，尤其是确保境内流离失所者有获取教育和医疗卫生服务的渠道。国际社会有责任就解决流离失所根源的政治解决方案达成一致。发言者询问了进一步加强联合国系统响应的措施，以更好地处理境内流离失所者——包括那些由于气候变化导致的流离失所者——的需求。

关于法外处决、即审即决或任意处决，发言者一致同意，各国必须规范私营安保公司，并指出，海恩斯先生的报告在此方面包含了十分有价值的指导。代表团询问了这一任务授权在未来的发展，并询问特别报告员对于通过有法律约束力的国际文书规范私营安保公司活动的看法。他们重申了法治对于起诉法外处决犯罪者和确保受害者获取正义的重要性，并询问最容易受到私营安保公司侵犯的群体。

贝亚尼先生在总结发言中强调，境内流离失所问题并非过渡时期现象，证据表明，流离失所平均持续时间为17年；这使解决流离失所问题的根源和为仍在流离失所的人制定持久的解决方案显得尤为必要。

海恩斯先生在结束发言中表示，任务授权继续调查与处决有关的生命权各个方面，同时不仅涉及直接涉事国，还涉及冲突中侵犯生命权行为的问题，这是十分重要的。

欧盟、代表阿拉伯集团的卡塔尔、尼日利亚、俄罗斯、纳米比亚、奥地利、古巴、欧洲委员会、丹麦、新西兰、塞拉利昂、美国、伊朗、塞尔维亚、挪威、厄瓜多尔、南非、瑞士、中国、大韩民国、比利时、红十字国际委员会、土耳其、利比亚、格鲁吉亚、委内瑞拉、澳大利亚、埃及、苏丹、马耳他主权骑士团、亚美尼亚、阿塞拜疆、伊拉克、乌克兰、巴基斯坦、爱沙尼亚、拉脱维亚、巴勒斯坦、加纳和中非共和国在讨论中发言。

墨西哥国家人权委员会作了发言，以下非政府组织也作了发言：南风（Sudwind）、 少数人权利团体 （Minority Rights Group）、胡维基金会（Al-Khoel Foundation）、国际方济会（Franciscans International）、墨西哥委员会（Commission Mexicana）、 全球巴鲁阿组织（World Barua Organization）、 国际律师组织（International Lawyers Organization）、 世界穆斯林大会（World Muslim Congress）、 国际伊斯兰学生组织联合会（International Islamic Federation of Student Organizations）、欧洲－第三世界中心（Centre Europe-Tiers Monde）、 世界犹太人大会（World Jewish Congress）、 巴勒斯坦人居住和难民权利巴迪尔资源中心（BADIL Resource Centre for Palestinian Residency and Refugee Rights）、 人权与和平倡导中心（Centre for Human Rights and Peace Advocacy）、希亚姆酷刑受害者康复中心（Khiam Rehabilitation Centre for Victims of Torture）以及“最后的晚餐”（Il Cenacolo）。

在今天上午的会议开始之际，理事会结束了关于在法律和实践中暴力侵害妇女行为和歧视妇女行为的互动对话，对话开始于6月17日。报告发言总结及互动对话的第一部分可通过这里查看。

暴力侵害妇女问题特别报告员杜布拉夫科娃•西蒙诺维奇（Dubravka Šimonović）在总结发言中口头修正了主题优先事项，纳入了政治上的暴力侵害妇女行为，以纪念几天前被暴力杀害的英国议会成员乔•考克斯（Jo Cox）。她表示，关于收集和运用防止杀害妇女行为数据的观点得到了许多关注和支持，她计划为各国准备一份准则，这将包含在她2016年10月向联合国大会呈交的报告中。特别报告员强调了数据收集和各个行为体之间进行合作以解决冲突中性暴力案件少报问题的重要性，还指出，对法官和律师在暴力侵害妇女行为方面进行教育，以此作为预防手段，这是十分重要的。

在互动对话中，发言者欢迎特别报告员关注在《2030年发展议程》的支持下缩小在暴力侵害妇女行为方面的落实差距。他们询问了发展协同作用的措施，这对于落实可持续发展目标中关于性别平等的第五个目标至关重要，还询问了呼吁建立杀戮女性观察机制得到的反馈。

关于歧视妇女问题，代表团询问了各国为落实工作组建议应该采取的最紧急的措施，以确保残疾妇女拥有平等获取性健康和生殖健康服务的渠道。

突尼斯、尼日利亚、马尔代夫、亚美尼亚、爱沙尼亚、巴拉圭、缅甸、列支敦士登、芬兰、墨西哥、阿拉伯联合酋长国、圣多美和普林西比、玻利维亚、哥伦比亚、捷克共和国、厄瓜多尔、摩尔多瓦共和国、乌拉圭、土耳其、葡萄牙、大韩民国、菲律宾、加纳、苏丹、阿根廷、希腊和巴西作了发言。

以下非政府组织也作了发言：荷兰文化与休闲中心（COC Netherlands）、妇女争取和平与自由国际联盟（Women's International League for Peace and Freedom，联合声明）、“母亲重要”组织（Make Mothers Matter）、韩国促进联合国人权政策中心（Korea Centre for United Nations Human Rights Policy）、捍卫自由联盟（Alliance Defending Freedom）、法律与社会研究中心民间协会（Centro de Estudios Legales y Sociales Asociacion Civil）、国际天主教儿童局（International Catholic Child Bureau）、胜利青年运动（Victorious Youth Movement）、人权和发展普世联盟（Ecumenical Alliance for Human Rights and Development）、英国人道主义协会（British Humanist Association）、加拿大人口与发展行动组织（Action Canada for Population and Development）、支持公平审判和人权国际理事会（Conseil international pour le soutien à des procès équitables et aux droits de l’homme）、日本征募军队性奴妇女问题韩国委员会（Korean Council for the Women Drafted for Military Sexual Slavery by Japan）、促进巴林民主和人权的美国人联盟（Americans for Democracy and Human Rights in Bahrain Inc）以及解放组织（Liberation）。

理事会在今天举行全天会议。理事会将随后听取秘书长和人权事务高级专员呈交的专题报告，随后开展有关促进和保护所有人权、包括发展权在内的公民、政治、经济、社会及文化权利的一般性辩论。

Concluding Remarks

DUBRAVKA ŠIMONOVIĆ, Special Rapporteur on violence against women, in her closing remarks, orally amended her thematic priorities to include violence against women in politics, in honour of Jo Cox, a Member of the United Kingdom’s Parliament who had been killed several days ago. Concerning Sudan’s remarks about the country visit report, the Special Rapporteur underlined that Sudan had 26 laws which were discriminatory against women, including the law which allowed the marriage of ten-year-old girls if it was justified before the court. Sudan should immediately repeal all the laws that were in violation of international human rights laws and standards, and which were also contrary to the initiative by the Sudanese First Lady against child and forced marriage. Ms. Šimonović stood ready to support the Government of Sudan in the implementation of the report’s recommendations.

The Special Rapporteur reiterated that she intended to develop stronger cooperation with regional and global mechanisms and had already taken steps in this regard. As far as women fleeing conflict were concerned, there was a need to look into the joint use of international human rights law, international humanitarian law and refugee law in order to increase the protection of women and girls in conflict and crisis situations. There was a lot of interest and support for the idea of collecting and using data on the prevention of femicide and the Special Rapporteur intended to prepare guidelines to States which would make up part of her report to the General Assembly in October 2016. The Special Rapporteur stressed the importance of data collection and cooperation between actors in order to address the under-reported sexual violence in conflicts, and also underlined the significance of the education of judges and lawyers on violence against women as a tool of prevention.

Documentation

The Council has before it the Report of the Special Rapporteur on the human rights of internally displaced persons (A/HRC/32/35).

The Council has before it an addendum to the Report of the Special Rapporteur on the human rights of internally displaced persons – mission to Iraq (A/HRC/32/35/Add.1).

The Council has before it an addendum to the Report of the Special Rapporteur on the human rights of internally displaced persons – mission to the Syrian Arab Republic (A/HRC/32/35/Add.2).

The Council has before it an addendum to the Report of the Special Rapporteur on the human rights of internally displaced persons – mission to the Philippines (A/HRC/32/35/Add.3).

The Council has before it an addendum to the Report of the Special Rapporteur on the human rights of internally displaced persons – mission to Honduras (A/HRC/32/35/Add.4).

The Council has before it an addendum to the Report of the Special Rapporteur on the human rights of internally displaced persons – mission to the Philippines – comments by the State (A/HRC/32/35/Add.5).

The Council has before it an addendum to the Report of the Special Rapporteur on the human rights of internally displaced persons – mission to the Syrian Arab Republic – comments by the State (A/HRC/32/35/Add.6).

The Council has before it an addendum to the Report of the Special Rapporteur on the human rights of internally displaced persons – mission to Iraq - comments by the State (A/HRC/32/35/Add.7).

The Council has before it the Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions on the right to life and the use of force by private security providers in law enforcement contexts (A/HRC/32/39).


The Council has before it an addendum to the Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions on the right to life and the use of force by private security providers in law enforcement contexts – mission to Ukraine (A/HRC/32/39/Add.1).

The Council has before it an addendum to the Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions on the right to life and the use of force by private security providers in law enforcement contexts – mission to Mexico (A/HRC/32/39/Add.2).

The Council has before it an addendum to the Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions on the right to life and the use of force by private security providers in law enforcement contexts – Observations on Communication (A/HRC/32/39/Add.3).

The Council has before it an addendum to the Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions on the right to life and the use of force by private security providers in law enforcement contexts – Revision of the UN Manual on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary executions (A/HRC/32/39/Add.4).

The Council has before it an addendum to the Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions on the right to life and the use of force by private security providers in law enforcement contexts – mission to Ukraine – mission by the State (A/HRC/32/39/Add.5).

Presentation of Reports by the Special Rapporteur on Internally Displaced Persons and the Special Rapporteur on Summary Executions

CHALOKA BEYANI, Special Rapporteur on the human rights of internally displaced persons, said that as of the end of 2015, 40.8 million persons were internally displaced by conflict globally, with countless more persons displaced due to disasters, violence and development projects. It was the primary responsibility of Governments to provide durable solutions for internally displaced persons, and while the focus of the attention was currently on cross-border movements of “migrants” and asylum seekers, greater consideration had to be given to the protection of persons displaced within their countries of origin. The role of development and business activities was a push factor which should be given greater scrutiny, and another area which required more attention was the particular vulnerability of marginalized groups to displacement. He urged all African Union Member States to ratify the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), which was a model of good practice for other regions. At the World Humanitarian Summit, he had emphasized the need to prioritize solutions that improved self-reliance by integrating internally displaced persons into national safety nets, education programmes, labour markets and development plans, as well as the need to support the strengthening of policy and legal frameworks to protect and foster the inclusion of displaced people.

Turning to his country visits, he said that in Iraq, the Government had to intensify its efforts to protect and assist internally displaced persons on the basis of legal and policy frameworks in line with international standards, and prepare for a new protracted displacement scenario. Regarding Syria, he said that at the time of his visit, over 11 million people were displaced either internally or in neighbouring countries; the extent of the protection and humanitarian needs was overwhelming. It was imperative that all parties to the conflict fulfilled their obligations under international humanitarian and human rights law. He had visited the Philippines following the landfall of a typhoon which had displaced more than 4 million people, and said the Government should be commended for its reconstruction efforts to date and its initial responses to the massive internal displacement challenges. Yet attention to internally displaced persons and resources allocated to them appeared to be waning before durable solutions had been achieved. Commenting on his visit to Honduras, he said that the Government needed to strengthen measures to prevent internal displacement and put in place overdue support, protection and assistance measures for internally displaced persons who to date had had to fend for themselves.

CHRISTOF HEYNS, Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, presented a document on the ongoing revision of the United Nations Manual on the Effective Prevention of Extra-legal, Arbitrary and Summary Executions (known as the Minnesota Protocol), which was a key text providing guidance on the practical implementation of the duty to protect life and the obligation to investigate potentially unlawful deaths. The Protocol was undergoing a revision process by the Office of the High Commissioner for Human Rights, the Special Rapporteur and other experts, including consultations with a broad range of relevant actors. Turning to his main thematic report on the use of force by private security providers in law enforcement, he noted that States increasingly relied on the private security sector, which led to many challenges. States had a duty to respect and protect human rights, including the public’s right to bodily integrity, and they had therefore an obligation to install regulative and legislative frameworks for the activities of private security providers.

All reasonable precautionary steps to protect life and prevent excessive violence must be taken, including the provision of appropriate equipment and training, the proscription of inappropriate weapons, and careful planning of individual operations. The intentional lethal use of force had to be prohibited unless strictly unavoidable, and had to be proportionate and necessary. Those using force as part of a private security provider should be subjected to strict scrutiny, and be held accountable for this use of force. There had to be a system of mandatory reporting of all incidents involving the use of firearms, all deaths, and any serious injuries. Laws should not grant a company the right to exculpate itself from intentional or grossly negligent excessive force, he added. Those responsibilities also applied extraterritorially, the Special Rapporteur said. Without such standards of liability, victims would often have no effective recourse. The Special Rapporteur also presented a report concerning his visit to Ukraine and a follow-up report concerning his visit to Mexico.

Statements by Concerned Countries

Honduras, speaking as a concerned country, believed that the stress placed by the Special Rapporteur on the displacement caused by gang violence was relevant and appropriate. The impact on the lives of those affected was catastrophic. Honduras recognized that the issue of internally displaced persons required a holistic approach. Honduras was working on developing a firm national response, which would include an action plan through a multi-sectoral approach. Organized crime organizations ought to be dismantled. The Government recognized that women and girls were at a particular risk, which was why special steps were taken to promote safe cities. Awareness was being raised on the issue of gender violence as well. International support needed to be provided, stated Honduras. Being a victim of generalized crime should be considered as a factor that qualified a person for refugee status, especially when it was unaccompanied minors, who should not be returned. Honduras appreciated the recommendations provided by the Special Rapporteur.

Iraq, speaking as a concerned country, welcomed the efforts by the Special Rapporteur to meet internally displaced persons and listen to their concerns. The war on terrorism in Iraq had been underway for several years. Despite difficulties in armed operations, Iraqi forces had respected their humanitarian obligations towards the public and had taken populations to safe places before liberating regions. The Government paid particular attention to internally displaced persons, some 3.6 million of whom were receiving assistance from the United Nations agencies. Efforts were being made to reduce the burden of the internally displaced persons by providing them with necessary assistance, humanitarian and otherwise. Assistance was being provided in a number of provinces, while children were provided with access to education as much as possible. Thousands of citizens had been allowed to enter Baghdad, coming from different regions, but in certain cases, their legal status had to be examined with the view of avoiding crime within refugee groups and avoiding infiltration by terrorists.

Philippines, speaking as a concerned country, said that in order to understand the existence of the internally displaced persons in the country, it was important to take into account the natural geographical hazards, a long-term armed insurgency from communists and extremists groups, and sporadic civil unrest by the culturally rooted Rido system among some indigenous people’s communities. The Government’s approach to the issue of internal displacement went beyond the provisions of care and assistance, and addressed also the roots of displacement and vulnerability of the displaced persons. The Philippines was seriously engaged in a peace process with the armed groups while at the same time pursuing the whole of nation initiative. The National Disaster Response Plan addressed natural and human-made disasters, while its Operational Protocol on Internally Displaced Persons provided guidance on assisting them and protecting their rights, and ensured that humanitarian actors avoided the pitfalls of discrimination, abuse, violence, neglect of exploitation. The Government was also proactively monitoring the condition of indigenous peoples in areas threatened by development projects, including those in extractive industries.

Syria, speaking as a concerned country, said that the Special Rapporteur had visited the country a year ago and wished that he had visited all the provinces to see the people displaced by terrorists. There was a need to update the report by the Special Rapporteur and also to include in it the opinion expressed by the Government of Syria. Mr. Beyani should have focused on events that followed his first visit rather than politicize his report and repeat simplified versions of the events in Syria that reduced the role of terrorism that targeted civilians. This selective approach had removed the impartiality of the mandate-holder and his report had fallen into the trap of stereotypes, including in analysing the context of displacement and ignoring the threat to the lives of civilians by terrorists and the hardship on civilians posed by unilateral coercive measures. It was clear that the factors of displacement solely depended on security and there were no other considerations as insinuated in the Special Rapporteur’s report. Terrorists were carrying out crimes against the civilians and it was unlawful to place them on an equal footing with the Government.

Ukraine, speaking as a concerned country, reiterated grave concern about the violations against Ukrainian civilians in the occupied Crimea and other areas controlled by Russian-supported forces. The report lacked crucial information which would support better understanding of the human rights violations committed against the civilians, notably, the illegal occupation and the attempted annexation of Crimea by Russia. The influx of foreign fighters, arms and ammunition into eastern areas of Ukraine, and the presence of Russian mercenaries in the Ukrainian territory were the chief reasons of human rights violations and abuses. Ukraine agreed with the Special Rapporteur that the human rights situation in Crimea must remain under the scrutiny of international bodies. It must be noted that the Government of Ukraine was very open to this recommendation, but it was Russia which refused such scrutiny. Ukraine stood ready to make every effort to ensure proper functioning of the accountability system and to bring to justice those who committed human rights violations, in particular the violations of the right to life, regardless of where or by whom they were committed.

Interactive Dialogue with the Special Rapporteur on Internally Displaced Persons and the Special Rapporteur on Summary Executions

European Union asked what could be done to further strengthen the response by the United Nations system to better address the needs of internally displaced persons, including their need for durable solutions. European Union asked what the Council should do regarding the future of the mandate of the Special Rapporteur on summary executions. Qatar, speaking on behalf of the Arab Group, said that displacement in Syria and Iraq required a strong stance and assistance by the international community. Internally displaced persons required humanitarian assistance, which required financial aid. Nigeria was alarmed at the number of internally displaced persons worldwide, and stressed the importance of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), which Nigeria was in the process of domesticating. Concluding, Nigeria reiterated its invitation to the Special Rapporteur to visit the country. Russian Federation asked the Special Rapporteur how he assessed the adoption of an international legally-binding instrument regulating the activities of private security companies. It shared the view that the Government of Ukraine shared direct responsibility for abuses by armed groups on its territory. The Russian Federation said that unilateral actions fuelled internal displacement in Syria. Namibia said that States had to regulate private security companies, particularly for protecting human rights, including the right to life. The Special Rapporteur’s report contained valuable guidance in that regard. Austria supported the call for new and innovative durable solutions for internally displaced persons, including for those displaced as a result of climate change.

Cuba noted the urgent need for a legally binding treaty which would regulate private security companies. Cuba recalled the need to avoid non-politicization of the issue of persons internally displaced by conflicts and natural disasters. Council of Europe said that its action plan for Ukraine emphasized the need to provide support to internally displaced persons in Ukraine, including by increasing the capacity of local stakeholders and raising the profile of the issue of internally displaced persons. Denmark believed the rule of law was necessary for the prosecution of the perpetuators of extrajudicial killings and securing justice for the victims. Were any groups at a particular risk of being violated by private security companies? Humanitarian action and development cooperation needed to be linked to address the needs of internally displaced persons. New Zealand said that the manual on extrajudicial executions provided useful guidance on the need to protect lives and prevent unlawful deaths. What were the appropriate next steps for the updated manual? New Zealand reiterated its opposition to the continuation of the death penalty, including on foreign nationals. Sierra Leone said that internally displaced persons might have fled for the same reasons as refugees, but they were receiving less attention. The international community ought to put more emphasis on that issue, for which the Kampala Convention was an important milestone, and durable solutions needed to be found. United States voiced its concern over the updated manual, and would appreciate the continuation of the dialogue with the Special Rapporteur on that matter. The United States asked what recommendations could be given to Governments to better prevent trafficking in persons and more effectively provide support to the victims.

Iran said the growing reliance on private military companies undermined the rule of law, and insisted that States should consider a system for regulating the provision of licences. Iran said that a comprehensive approach was needed to address the root causes of displacement, and that the right to development should be an integral part of any approach to displacement. Serbia noted a serious increase of persons displaced by conflict, and agreed that more result-oriented and durable solution initiatives were needed. Serbia had undertaken initiatives for accommodating returnees. Norway insisted on the need for a stronger and more comprehensive approach to ensure that internally displaced persons had access to education and health services. The international community had a responsibility to agree on political solutions to situations leading to displacement. Ecuador presented measures taken to address the needs of those displaced as a result of the earthquake that recently struck the country, including measures to relocate and to register those concerned. South Africa said that the Council should continue paying attention to the issue of human rights abuses by private security providers, and that it was imperative that new standards were elaborated to hold such companies accountable. Switzerland encouraged States to draw on the model proposed by the Kampala Convention to adopt similar instruments in other regions. What measures could guarantee appropriate protection to those displaced because of private companies’ activities? Outsourcing security services should not derive States from their responsibilities, Switzerland added.

China said that the causes of persons becoming internally displaced were very complex, and expressed hope that developed countries would reinforce their assistance to developing countries to alleviate the plight of internally displaced persons. China supported efforts to standardise the oversight of private security firms to ensure they were in line with international human rights law. Republic of Korea said the issue of extrajudicial killings should be addressed in the framework of business and human rights. Regarding internally displaced persons, it was important to identify the root causes of displacement at the earliest stages; the Special Rapporteur was asked to elaborate on how States, business and civil society could address the root causes of displacement in the context of development and business activities. Belgium said private companies could have a major impact on keeping law and order, noting that the country had experience monitoring private security companies, and asking how the international community could prevent States from skirting their responsibilities by outsourcing or shifting responsibility to non-State actors, and what the Special Rapporteur’s recommendation was when States were weak or failed. International Committee of the Red Cross expressed agreement for the importance of unlocking protracted conflicts and called on governments to keep urban displacement in mind during the upcoming United Nations Conference on Housing and Sustainable Urban Development (HABITAT III); looking ahead also to the United Nations General Assembly High-Level Meeting on Refugees and Migrants, the Assembly was urged to promote solutions that also addressed the plight of internally displaced persons. Turkey said addressing the needs of internally displaced persons and their rights would help the international community relieve the pressure of refugees and forced migrants; that would require the partnership of all stakeholders. Libya said that the security situation in the country had led to displaced persons, who were not granted sufficient importance in the Special Rapporteur’s report, adding also that the Government of the National Coalition was making efforts to meet the needs of internally displaced persons, expressing hopes that the international community would continue to provide support to that Government.

Georgia shared the Special Rapporteur’s view that the global picture of internal displacement was alarming, and was affecting many regions. In Georgia, hundreds of thousands of displaced Georgians were unable to return to their homes because of the occupying forces. Recently, a young Georgian internally displaced person had been shot by the so-called “border guards”. The right of return should not be directly linked to political solutions, stressed Georgia. Venezuela believed that when there was internal displacement, the full respect for human rights needed to be ensured, especially for the most vulnerable. On extrajudicial killings, Venezuela said that the repercussions of private security companies on the right to life had to be addressed. Legally binding international rules in that regard were necessary. Australia supported the call to the Syrian Government and the international community to allow unimpeded access to people in besieged areas in Syria. The operation to retake Falluja needed to take into consideration the rights of people living there. Australia strongly condemned extrajudicial executions as well as the death penalty carried out by States. Egypt concurred that contracting private security providers did not exempt the State from its primary responsibility to protect human rights. Egypt believed that the work on the revision of the Minnesota Protocol would add value to any future intergovernmental discussion supported by relevant expertise. The geographical spread of displacement in the world showed that the global crisis needed bold and innovative action. Sudan said that it was facing stability following the withdrawal of the armed groups. The needs of migrants and internally displaced persons were taken into consideration with urban planning. Sudan was hosting a large number of refugees from other countries. In Sudan, capital punishment was executed only in extreme circumstances, and never on the elderly and those under 18. Amnesty was also possible.

Sovereign Order of Malta said that it had participated in the World Humanitarian Summit and its commitments included strengthening international humanitarian law, adding that the Order was going to participate in the high-level meeting on refugees to be held in the margins of the upcoming United Nations General Assembly in September. Armenia said that following ethnic cleansing and armed conflict in the 1980s and 1990s, Armenia had faced the problem of hundreds of thousands of displaced persons, and had focused on local integration and made efforts for lasting solutions. Armenia deplored certain States’ policy of curtailing freedom of movement and using the displaced for political ends. Azerbaijan said the continuing military aggression of Armenia had resulted in the occupation of one fifth of the country’s territory, including Nagorno Karabakh. Iraq said that the country had given great importance to internally displaced persons and deployed efforts aimed at providing relief to them with the help of specialised agencies. Ukraine said the mandate on internally displaced persons had been and should remain an important voice for internally displaced persons, adding that those issues were very pertinent for Ukraine, where the number of internally displaced people now exceeded 1.7 million. Pakistan said that in recent years, the international community had seen a proliferation of private security companies, which constituted a serious threat to human rights protection, adding that Pakistan believed that drone strikes amounted to extrajudicial killings, and that the view of the Special Rapporteur was sought on the need to develop legal standards or frameworks on such attacks.

Estonia was deeply disturbed by human rights abuses in the separatist areas of eastern Ukraine and the occupied Crimea. Estonia had contributed to the humanitarian projects in Ukraine and would continue to do so. Georgia had also experienced an influx of hundreds of thousands of internally displaced persons when parts of its territory had been occupied. How could interested States help increase policy planning and budgeting on issues affecting internally displaced persons? Latvia stated that the unprecedented global displacement was very alarming. The drivers of internal displacement needed to be addressed. Latvia welcomed the focus on the durability of solutions when it came to displacement. Latvia asked what instruments were most important when addressing the vulnerabilities of indigenous peoples to forced displacement? Palestine said that the unregulated use of force by private security providers could seriously harm human rights. G4S, a company used by Israel, had been profiting financially from the illegal occupation of Palestine. The murder of Palestinians continued to be glorified. The Palestinian people continued to suffer from Nakba, perpetuated by the illegal policies and ethnic cleansing by the Israeli authorities. Ghana concurred with the recommendation that the root causes of displacement had to be addressed globally. Ghana shared the view that licenses should be given only to those private security providers that respected the national legislation and met all the legal requirements. Central African Republic was well aware of issues, challenges and stakes connected to internally displaced persons. The fact of being displaced was a very painful situation and if they were not treated properly, that could cause a life-long trauma. The Central African Republic hoped that such a situation would never happen to it again.

Comision Nacional de los Derechos Humanos Mexico, speaking in a video message, said that its mandate included monitoring of the implementation of international treaties and following up on recommendations issued by treaty bodies and other United Nations human rights mechanisms. The Commission found delays in implementing those and the Commission’s own recommendations by Mexico, which prevented the adoption of measures for non-repetition.

Verein Sudwind Entwicklungspolitik said that Iran should accept the request for a visit by the Special Rapporteur, which would enable him to verify the reports on 401 secret executions implemented in 48 hours during the third week of April in the Vakil Abad prison in Mashhad, Iran. Minority Rights Group said that the ongoing military assault on the city of Fallujah was triggering new waves of displacement in Iraq and was a glaring example of the need to establish precautionary protection and humanitarian measures, both for the civilians in the city and those fleeing violence. Al-khoei Foundation called the attention of the Council to the increasingly difficult situation of 3.4 million internally displaced persons in Iraq, and said that, as the war against Daesh intensified, the fighting itself left hundreds of people fleeing the conflict every day. Franciscan International spoke about the proposed copper and gold open-pit mining project in Ancestral Domains in the Philippines, which posed a serious risk to the survival of the Bla’aans as a tribe, and to their indigenous rights. Comisión Mexicana de Defensa y Promoción de los Derechos Humanos Asociación Civil said that yesterday there had been an extremely violent reaction of Mexican authorities against protesters, and the excessive use of force by the law and security forces had left six persons dead. The encroachment of military justice over civilian justice enabled impunity for human rights violations and abuses. World Barua Organization said that in the absence of the proper safeguards, excessive force and arbitrary use of power were being used against Dalits and minorities in India.

International-Lawyers.Org urged the Human Rights Council to address the situation in Iraq, where over 322 members of the Sunni Albu Nimr tribe had been executed by non-State actors, after having been repeatedly displaced in Iraq. World Muslim Congress said that India continued to ignore the work of neutral human rights activists on the ground in Kashmir, noting that rights defenders around the world needed the help of the Human Rights Council. International Islamic Federation of Student Organizations said that in the first five months of the year, 12 cases of extrajudicial killings had been reported by local human rights groups, urging the Special Rapporteur and the Human Rights Council to remind the Government of India of its international obligations and improve its record of human rights and end its policy of oppression in Indian-occupied Jammu Kashmir. Centre Europe – Tiers Monde – Europe-Third World Centre expressed concern about the human rights of Afro-descendants in Colombia living in Pacific coastal regions, where the aggressive mining policies of trans-national companies caused armed conflict between the Government and insurgents, forcing people to go to cities where they faced social exclusion. World Jewish Congress expressed dismay at the systematic violations in Syria and Iraq, noting that the situation was not just a refugee crisis, but that the international community was faced with a breakdown in human dignity. World Jewish Congress supported changing the mandate of the Special Rapporteur to that of a Special Representative of the Secretary-General. BADIL Resource Centre for Palestinian Residency and Refugee Rights said that Palestinians were internally displaced persons after losing their homes following Israel’s assault on the Gaza Strip, noting that in 2015 there were over 380,000 Palestinian internally displaced persons inside Israel, where they were denied citizenship which increased their vulnerability to displacement.

Centre for Human Rights and Peace Advocacy referred to the genocide of Sikhs and about arbitrary killings of members of the Sikh youth by Indian security forces. The Council should send a fact-finding team to affected areas. Khiam Rehabilitation Centre for Victims of Torture said that torture was being used to threaten human rights activists, and referred to an imam stripped of his nationality in Saudi Arabia. There, many activists faced capital punishment. The Council should pressure Saudi Arabia to end such practices. Il Cenacolo referred to the impossibility for international oversight mechanisms to visit Tindouf camp and to monitor serious human rights violations there, including extrajudicial killings by Algerian security services and Polisario forces.

Concluding Remarks

CHALOKA BEYANI, Special Rapporteur on the human rights of internally displaced persons, noted that many delegations had commented on protracted displacement and the cooperation between humanitarian and development actors and said that in his experience, they often worked in separate silos. It was important to ensure joint planning, both short- and long-term planning, reconciliation of budget in relation to both, and the inclusion of internally displaced persons in national development plans and budgetary provisions for internally displaced persons. Equally important was to consider alternative approaches that built resilience, as well as building and investing in internally displaced persons.

Turning to comments related to his country visits, Mr. Beyani reiterated the commitment to continue to work with the Government of Honduras. Iraq was still classified as a middle-income country, while oil revenues were diminished and the fact that it was fighting a war meant that less was being allocated for internally displaced persons. The Special Rapporteur welcomed the peace initiatives in the Philippines which were crucial to resolve the causes of the crisis of internal displacement, and the conclusion of the Internally Displaced Persons Law, which was probably going to be the best piece of such legislation in the world. As for Syria, the best would be to invite the Special Rapporteur for unilateral coercive measures to look into the situation in the country.

In conclusion, the Special Rapporteur stressed that internal displacement was not a transitional phenomenon, with the evidence pointing that the average duration of displacement was 17 years; this put an imperative on dealing with root causes of displacement and on durable solutions for those still displaced.

CHRISTOF HEYNS, Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, spoke about the Minnesota Protocol, which he said was an expert document. Regarding the future of the mandate and stock-taking, he said it seemed important that the mandate remained involved with aspects of the right to life that dealt with executions, and not just in regard to direct State involvement. It was important that the mandate would continue to be involved with questions of violations of the right to life in conflict. It was important to acknowledge the role of technology both in weapons technology but also in terms of protecting life, through all the new apps and similar things which were available. Drones were not inherently unlawful weapons, but their usage had to be addressed. On the death penalty, the argument was made that international law required progressive abolition. In response to questions asked about a legally binding instrument regarding security providers, he said that work should continue. He noted the positive role that private security providers could play in many States, saying their role should be recognized. In response to questions on how to prevent weak States from shifting responsibility to private security providers, he said there was no easy answer to that question, but in looking at the multinational nature of such companies, it was important that in their home countries there was proper regulation.

__________

For use of the information media; not an official record

Follow UNIS Geneva on: Website | Facebook | Twitter | YouTube |Flickr