HUMAN RIGHTS COUNCIL HOLDS INTERACTIVE DIALOGUES WITH SPECIAL RAPPORTEUR ON CAMBODIA AND INDEPENDENT EXPERT ON SOMALIA
The Human Rights Council this morning started its consideration of its agenda item on technical assistance and capacity-building, hearing presentations of reports by the Special Rapporteur on the situation of human rights in Cambodia and the Independent Expert on the situation of human rights in Somalia, and holding interactive dialogues with them.
Surya Prasad Subedi, Special Rapporteur on the situation of human rights in Cambodia, said the human rights situation in Cambodia had been the subject of extensive analysis since the conclusion of the Paris Peace Accords. He intended to build on the work done, and engage with the Government in a constructive manner aimed at achieving tangible results for the people of Cambodia. Since returning from his mission to Cambodia, the Special Rapporteur had joined a number of other Special Procedure mandate holders in expressing concern about the reported instances of lawsuits filed by the Government and high-ranking public officials against opposition party Parliamentarians and members. The Government of Cambodia had responded to the communication stating that they had taken the measures in compliance with the rule of law. There was no doubt that Cambodia had made great strides in recent years, but there remained a number of human rights challenges, including the rule of law, the independence of the judiciary, the chronic underfunding of courts, the issue of impunity and the separation of powers at the heart of the Government.
Cambodia, speaking as a concerned country, said that the report described a number of issues relating to the progress, achievements and constraints affecting Cambodia in the promotion and protection of human rights. They had also taken note of certain concerns and challenges that had been addressed by the Special Rapporteur. They believed that there had been discrepancies of views on certain issues that needed further consultations for a better understanding. The Government was also pleased with the first visit of the Special Rapporteur to Cambodia last May and commended his sincere efforts and good willingness to work constructively with it on the advancement of human rights in the country. The Government remained committed to this spirit of partnership and agreed that it was important to continue the dialogue. Over the years, Cambodia had made significant progress in advancing democracy and promoting and protecting human rights. Progress had been made in the adoption and enforcement of basic laws and the completion of the drafting of the anti-corruption law. They had also made it clear that they would create a national institution of human rights, according to the Paris Principles.
In the interactive dialogue with the Special Rapporteur on the situation of human rights in Cambodia, speakers noted that the Special Rapporteur had stated in his report that Cambodia was a country which was still coming to terms with a tragic past and the progress thus far was encouraging. They believed that the tremendous efforts that the Government and people of Cambodia had made so far in developing the country and improving the conditions of people's lives in many ways should be acknowledged. It was also true that there were still some challenges for the Government to address, such as land issues. Mr. Subedi was asked to comment on whether the defamation and disinformation laws themselves were particularly harsh or whether they were being interpreted and enforced at a level beyond the letter of the law. The Government of Cambodia should be encouraged in its on-going reform efforts. Only by promoting best practices and changing mindsets within the public sector could future reform efforts be undertaken. The international community was encouraged to continue its support for Cambodia.
Speaking in the interactive dialogue on Cambodia were Japan, Sweden on behalf of the European Union, Singapore, Canada, Indonesia, Malaysia, Ireland, Lao People’s Democratic Republic, Myanmar, United Kingdom, Nepal, Australia, United States, Thailand, Philippines and China.
The following non-governmental organizations also took the floor: Human Rights Watch, United Nations Watch, Asian Legal Resource Centre, Asian Forum for Human Rights and Development, and International Federation of Human Rights Leagues.
Shamsul Bari, the Independent Expert on the human rights situation in Somalia, said that in his report last March, the Independent Expert had described the situation in Somalia to be one of the worst humanitarian crises in the world today; he maintained that view, and believed that life for the ordinary people in areas affected by recent upsurge of fighting and violence had become even worse. The renewed violence had heavily impacted on the civilian population in the affected areas - more people had been killed, many more had been internally displaced or forced to seek refuge in neighbouring countries, and there had been human rights violations caused as a result of this violence and other reasons. In terms of senseless killings and mayhem, inhuman suffering and deprivations, Somalia seemed to surpass other crises in the world. And yet, the international community's attention to it had been woefully insufficient. He could not over-emphasise the importance of concerted international effort to bring the humanitarian crisis in Somalia, one of the contemporary world's longest and most painful crises, to an end in the shortest possible time, and it was imperative for the international community to show greater resolve in finding a solution.
Somalia, speaking as a concerned country, said that Somalia could not agree more with the exhaustive report that the Independent Expert on the situation of human rights in Somalia had presented before this Council. There were two main and interconnected challenges that any Somali Government would have to face. The first challenge consisted of the harmonization between Somalia’s traditional system and the modern and suitable federal statehood, as well as the harmonization between the genuine Islamic Sharia Law, the Somali Customary Law and the Modern Law. The second challenge was that the statehood of Somalia itself was at stake. To this end, a strengthened commitment of international agencies and United Nations bodies was indispensable.
Somalia looked forward to having a comprehensive, constructive and far-sighted cooperation process with all genuine stakeholders and friends of Somalia in order to enhance the prevention of all human rights abuses.
In the interactive dialogue with the International Expert on the human rights situation in Somalia, speakers welcomed the valuable efforts of the Independent Expert and fully appreciated the contents of the report which emphasized the tragic humanitarian situation in Somalia. The situation had greatly deteriorated in the past few months. This had led to an influx of refugees. A political solution was indispensable in order to build capacity for the protection of human rights. The international community should give the necessary support to the Government of Somalia to help it restore security and stability. The efforts of the international community to stabilise Somalia was of great importance. The Independent Expert should carry out his work in close collaboration with other bodies working in Somalia. The presence of the Minister of Gender of Somalia clearly signaled the determination of the Transitional Government of Somalia to continue to cooperate with the Human Rights Council and the mandate-holder. The Somali crisis affected the whole of the international community. The current situation could evolve positively, depending on the Somali Government’s capacity to manage the various dimensions of the crisis. The Government of Somalia was the only hope, as it was only through a strong State that peace would spread, as well as international security. Speakers repeatedly expressed support for the renewal of the mandate of the Independent Expert based on the expressed wishes of Somalia.
Speaking in the interactive dialogue on Somalia were Tunisia on behalf of the Arab Group, Sweden on behalf of the European Union, Nigeria on behalf of the African Group, Italy, Yemen, Djibouti, Australia, Algeria, Norway, United States, Ethiopia, United Kingdom, Switzerland, Organization of the Islamic Conference, Egypt, Canada and Bangladesh.
The following non-governmental organizations also took the floor: Human Rights Watch, Amnesty International, Cairo Institute of Human Rights Studies, International Federation of Human Rights Leagues, and International Youth and Student Movement for the United Nations.
At the beginning of the meeting, the President of the Council, Ambassador Alex Van Meeuwen of Belgium, said that according to established practice, the Council had examined in closed session the situation of human rights in the Republic of Guinea under the Complaints Procedure set in place according to Human Rights Council resolution 5/1, and decided to keep the situation under consideration.
The Council today is holding three back-to-back meetings from 9 a.m. to 6 p.m. During its midday meeting, the Council is scheduled to hold a general debate on its agenda item on technical assistance and capacity building and will hear Deputy High Commissioner for Human Rights, Kyung-wha Kang present a number of reports by the High Commissioner on Liberia and Burundi and by the Secretary-General on Cambodia.
Documents on Cambodia
The Council has before it the report of the Special Rapporteur on the situation of human rights in Cambodia, Surya Subedi (A/HRC/12/40), based largely on the Special Rapporteur’s mission to Cambodia in June 2009. In initial findings, the Special Rapporteur says Cambodia has made remarkable progress over the last three decades in promoting human rights and democratizing the system of governance. Cambodia is now enjoying high economic growth and relative political stability and a great deal of credit for these achievements goes to the leaders in Government. Since 1993, the people have enjoyed an unprecedented degree of freedom of assembly, expression and movement, although people need by law to seek permission to hold public demonstrations, which is sometimes refused on unspecified security grounds, and arbitrary restrictions on travel or holding meetings have sometimes been imposed. The Government has also faced the complex issue of land ownership, including by making an effort to improve land tenure security for the population. An ambitious project of land titling is under way in mostly rural areas. Other noteworthy achievements have been made in combating trafficking in human beings, especially women and children for purposes of sexual exploitation. Efforts of the Government to combat HIV/AIDS have been widely commended, as have mine removal efforts. In spite of these achievements, a major challenge for the Government is the ability to strike a balance between economic development and human rights protection. There appears to be a disconnect between national law that recognizes people’s rights to own land and establishes clear property safeguards, and what appears to be widespread land grabbing and alienation, in both urban and rural areas. In the current context of escalating land values, evictions of communities which have been living for years in informal settlements appear to be commonplace. The Special Rapporteur has also been informed that in rural areas, indigenous and rural communities are often left without recourse to protect their land from being taken by powerful individuals, or for mining or land concessions. There is a need to strengthen the implementation of the land law in a fair manner in this domain, both by the administration and by the courts. Another concern was a series of defamation and disinformation charges filed by or on behalf of the Government against members of opposition parties and other critics of public policies or practices. That was a disturbing trend which, if allowed to continue, could seriously undermine the exercise of the constitutional right to freedom of expression.
The Council has before it the report of the Secretary-General on the role and achievements of the Office of the United Nations High Commissioner for Human Rights in assisting the Government and people of Cambodia in the promotion and protection of human rights (A/HRC/12/41), which notes that, in the past 18 months, OHCHR in Cambodia has stepped up its efforts to engage in effective dialogue and cooperation with the Government. It has developed initiatives with government institutions critical to the protection of human rights. In doing so, OHCHR has carried out its protection mandate as an integral part of its technical cooperation. This approach, which is based on direct dialogue with government interlocutors, aims at building working relationships with them based on mutual confidence and joint cooperation so that issues of concern can be addressed in a constructive and effective manner. At the same time, OHCHR has continued to draw public attention to certain issues of concern, when avenues for dialogue were exhausted and insufficient to address the situation. The success of this approach requires an honest commitment to recognizing issues and seeking practical solutions. While this approach has translated into fruitful partnerships with several government institutions, including the Ministries of Interior, Justice and Social Affairs, other institutions have shown little or no interest in dialogue and cooperation, much to the regret of OHCHR. During the same period, OHCHR also developed its cooperation with community-based organizations, non-governmental and other civil society actors, as well as with multilateral and bilateral development cooperation agencies. The report gives an overview of the specific activities undertaken by OHCHR to support the Government and people of Cambodia in the promotion and protection of human rights.
Presentation by Special Rapporteur on Situation of Human Rights in Cambodia
SURYA PRASAD SUBEDI, Special Rapporteur on the Situation of Human Rights in Cambodia, said that the human rights situation in Cambodia had been the subject of extensive analysis since the conclusion of the Paris Peace Accords, and that he intended to build on the work done, and engage with the Government in a constructive manner aimed at achieving tangible results for the people of Cambodia. In a society still in transition, the civil society had a great contribution to make in so many areas of activity to complement the Government’s action, maximize the potential of the people of Cambodia and help them realize their human rights. Since returning from his mission to Cambodia, the Special Rapporteur had joined a number of other Special Procedure mandate holders in expressing concern about the reported instances of lawsuits filed by the Government and high-ranking public officials against opposition party Parliamentarians and members. The Government of Cambodia had responded to the communication stating that they had taken the measures in compliance with the rule of law. Mr. Subedi was however concerned that the laws in question themselves fell short of the standards required by international human rights treaties and practice, and that Cambodia’s judiciary was taking a restrictive approach in interpreting these laws, ultimately leading to excessive restrictions on freedom of expression.
The Special Rapporteur was of the view that, regardless of the practices in any given country, the spirit of the provisions guaranteeing freedom of speech in international human rights treaties was to treat any matters relating to restrictions on such freedom. With the new draft Penal Code before the National Assembly this was an important opportunity to decriminalize defamation altogether, and to curtail those provisions that could lead to excessive restrictions on fundamental freedoms, including freedom of expression. Mr. Subedi was further pleased that the Government of Cambodia had responded to some of the issues raised in his report, and he was encouraged by their recognition of the challenges faced in the area of land administration as well as their willingness to engage in a constructive dialogue on the issue of land evictions. The Special Rapporteur agreed with the Government that issues of such nature required political will and a commitment to implement the legal framework. There was no doubt that Cambodia had made great strides in recent years, but there remained a number of human rights challenges, including the rule of law, the independence of the judiciary, the chronic underfunding of courts, the issue of impunity and the separation of powers at the heart of the Government. In conclusion, the Special Rapporteur appealed to the United Nations and the international community to lend their support to the Government in its efforts to promote and protect human rights, and invited the Government of Cambodia to outline its priority areas and a concrete programme of action with a time-frame. The Council would be well placed to encourage the Government to do so during the forthcoming Universal Periodic Review of Cambodia in December this year.
Statement by Cambodia as Concerned Country
SUN SUON (Cambodia), speaking as a concerned country, said that the report described a number of issues relating to the progress, achievements and constraints affecting Cambodia in the promotion and protection of human rights. They had also taken note of certain concerns and challenges that had been addressed by the Special Rapporteur. They believed that there had been discrepancies of views on certain issues that needed further consultations for a better understanding. Concerning the issues on freedom of expression, Cambodia had sent its replies explaining the few related cases to the Special Rapporteur. It was the Court’s view that the verdicts had been delivered in compliance with the existing law in Cambodia. The people of Cambodia had largely enjoyed a considerable freedom of expression as enshrined in the Constitution since 1993. There were almost 600 newspapers, journals and magazines, 40 radio stations, and seven television channels. Some of the media had been critical of the Government on a daily basis. Cambodia believed that freedom of expression should be exercised along with responsibilities as practiced in most democratic countries.
The Government was also pleased with the first visit of the Special Rapporteur to Cambodia last May and commended his sincere efforts and good willingness to work constructively with it on the advancement of human rights in the country. The Government remained committed to this spirit of partnership and agreed that it was important to continue the dialogue. Over the years, Cambodia had made significant progress in advancing democracy and promoting and protecting human rights. Progress had been made in the adoption and enforcement of basic laws and the completion of the drafting of anti-corruption law. They had also made it clear that they would create a national institution of human rights, according to the Paris Principles. Cambodia acknowledged that the task ahead was challenging and the Government was sparing no efforts.
Interactive Dialogue with Special Rapporteur on Situation of Human Rights in Cambodia
KENICHI SUGANUMA (Japan) said the Special Rapporteur was proceeding judiciously in establishing a relationship of mutual trust and understanding with the Cambodian Government and opening channels of communication with senior members of the Government so that he could smoothly exercise his mandate in the future. The Special Rapporteur stated in his report that Cambodia was a country which was still coming to terms with a tragic past and the progress thus far was encouraging. Japan shared the same view, and believed that the tremendous efforts that the Government and people of Cambodia had made so far in developing the country and improving the conditions of people's lives in many ways should be acknowledged. It was also true that there were still some challenges for the Government to address, such as land issues, and Japan hoped the Government would continue its efforts to address these challenges, and at the same time hoped that the international community would lend its valuable support to the Government to help it continue to strive for the protection and promotion of human rights in the country. Considering various challenges Cambodia faced now, what was the issue of highest priority for the Government, and what could the international community as well as the Government do about this issue, the speaker asked the Special Rapporteur.
HANS DAHLGREN (Sweden), speaking on behalf of the European Union, said that the Special Rapporteur on the situation of human rights in Cambodia complimented the Government on the openness of its attitude and the willingness of interlocutors to engage in a constructive debate with a view to improving the human rights situation. The report later mentioned that the Special Rapporteur was willing to act as a bridge between the Government and civil society to “foster an environment of cooperation rather than confrontation between them”. Could the Special Rapporteur elaborate on this, and did he have any ideas on how relations could be improved, and how did he think a proposal for a non-governmental organization law could affect the environment in Cambodia, the European Union asked. Further, was the national law, if fully enforced and adhered to, sufficient to stabilize the situation in the opinion of the Special Rapporteur, and what useful and practical steps were needed for the national law to be implemented, the European Union further enquired. Could Mr. Subedi comment on whether the defamation and disinformation laws themselves were particularly harsh or whether they were being interpreted and enforced to a level beyond the letter of the law, the European Union further asked, also enquiring whether the Special Rapporteur had specific plans on how to engage with the Government in a constructive dialogue.
SYED HASSIM SYED NOUREDDIN (Singapore) said that Singapore noted the cooperation extended by the Cambodian authorities to the new Special Rapporteur and recognised the on-going dialogue and cooperation with various donor countries, United Nations agencies, international financial institutions and organizations to implement public sector reform in a number of areas. The Government should be encouraged in its on-going reform efforts. They should also not overlook the positive impact of the Cambodian Government’s continuing focus on human resource development. Only by promoting best practices and changing mindsets within the public sectors could future reform efforts be undertaken. Cambodia had progressed significantly over the past two decades. It had made considerable improvement in areas such as infrastructural development, healthcare, education, poverty reduction and rural development.
JENNIFER MARCOTTE (Canada) said Canada noted the resolute will of the Government of Cambodia to install good governance, democracy, and respect for human rights on a country-wide scale; however, the situation of human rights remained worrisome, and the Government had to surmount this issue. How could the international community encourage Cambodia to reconcile human rights and economic development, in particular in the context of human rights violations including forced evictions; what steps did the Special Rapporteur believe should be taken to support the Government to reverse the trend of using the courts to limit freedom of expression and political freedom and encourage dynamic political dialogue; and what work was being done to address the impacts on rural livelihoods that landmines caused by impeding access to productive resources and basic social services.
DICKY KOMAR (Indonesia) said that Indonesia had observed that Cambodia had openly and earnestly worked with various international partners in order to foster international cooperation in the field of the promotion and protection of human rights. In this regard, Indonesia had been pleased to render its cooperation in an exchange of views in the context of the preparation of Cambodia’s national report on Universal Periodic Review last May. The financial crisis which had continued for well over a year and a half had had reverberating consequence on most countries, and Indonesia hoped that Cambodia would be able to progress economically in spite of the ongoing financial and economic downturn. Indonesia was also pleased to note that the Government of Cambodia was taking steps to implement the Optional Protocol to the Convention against Torture through the recently created National Torture Prevention Mechanism, and hoped that similar achievements would be further facilitated by working closely with treaty body mechanisms. Indonesia maintained the view that cooperation was an essential element for the success of any country resolution, but was also of the opinion that it was fundamental that the views of the country concerned and its willing participation in the process must be assured if the mandate was to be truly effective in meeting its established objective.
SITI HAJJAR ADNIN (Malaysia) said that Malaysia noted with encouragement the outcome of the Special Rapporteur’s first mission to Cambodia, in particular the willingness on part of the Government of Cambodia to engage openly in substantive discussions on efforts related to the improvement of the situation of human rights in the country. They were also encouraged with the progress undertaken by Cambodia to promote and protect human rights, especially in the achievement and improvement of social, economic and political fields over the past years. As a fellow Association of Southeast Asian Nations member, Malaysia acknowledged the many and complex challenges Cambodia needed to address. Given the current global financial crisis, the challenges ahead were daunting but not insurmountable. Malaysia encouraged the international community to continue its support for Cambodia.
MICHEAL TIERNEY (Ireland) said it was through human rights guarantees for all sections of the population that long-term stability could best be assured in post-conflict situations. Ireland encouraged the Special Rapporteur to bear in mind the provisions of the 1998 Declaration on Human Rights Defenders, and asked him how he could best incorporate this in his dialogue with the Cambodian Government, as well as comment on what was a realistic timetable for the establishment of a National Human Rights Commission in accordance with the Paris Principles and assuming broad participation of the Ombudsman.
KHONEPHENG THAMMAVONG (Lao People’s Democratic Republic) said that Lao People’s Democratic Republic wished to express its appreciation to the Government of Cambodia for the sincere efforts and firm commitment toward the policy of promoting and protecting human rights under the United Nations framework. As a neighbor country and member of Association of Southeast Asian Nations, Lao People’s Democratic Republic welcomed the significant progress that had been made by the Government of Cambodia in the area of human rights, socio-economic development, legal and judicial reform, and the continuing efforts to implement the National Strategic Development Plan and the land reform program according to its strategic instruments. Lao People’s Democratic Republic also welcomed Cambodia’s endorsement to extend the existing Memorandum of Understanding for continuing the presence of the Office of the High Commissioner for Human Rights in order to provide the technical assistance. Lao People’s Democratic Republic further hoped that Cambodia would continue deploying every effort to overcome the task and challenges, especially the eradication of poverty and improvement of the economic and social conditions of Cambodia’s people.
KYAW MYO HTUT (Myanmar) said that Myanmar took note with satisfaction of the remark mentioned in the Special Rapporteur’s report concerning the positive developments for better enjoyment of economic, social and cultural rights of Cambodian people since 1979. They were also pleased to note that the Government of Cambodia was extending all possible collaboration with the Special Rapporteur to successfully carry out his mandate. Myanmar welcomed Cambodia’s land reform programme as a good example to follow by others. They also commended Cambodia and Japan for reaching agreement on the draft resolution “Advisory services and technical assistance for Cambodia.
BOB LAST (United Kingdom) said the United Kingdom noted the progress made on human rights in the report, including the recent establishment of a task force to examine pre-trial detention cases; the consultation process between the Government and civil society ahead of the Universal Periodic Review; and the existence of an energetic civil society and media working on a range of human rights issues. The United Kingdom recognised the particular challenges of Cambodia's history and its lack of capacity in some areas essential to human rights protection, and was concerned that these were leading to a failure to protect the rights of individuals in a number of key areas highlighted by the Special Rapporteur, in particular actions that appeared to undermine freedom of expression for civil society, the media, and opposition politicians. The Special Rapporteur should assist in these areas, among others. The United Kingdom also strongly supported the Special Rapporteur's observations on the importance of the advisory and monitoring role of the Office of the High Commissioner for Human Rights in Cambodia. The United Kingdom asked the Special Rapporteur how he envisaged his role in assisting the Government in the months ahead, and what challenges Cambodia faced in establishing an independent human rights institution, and when might it be expected to do so?
DINESH BHATTARAI (Nepal) said that Nepal appreciated the report of the Special Rapporteur on human rights in Cambodia. Nepal also noted with satisfaction that Cambodia was steadily moving forward and leaving its past behind. It also appreciated Cambodia’s willingness to cooperate with United Nations agencies and human rights organizations. Cambodia’s progress in building a socio-economic infrastructure was commendable and this progress had given rise to improved living standards of its people, and their enjoyment of economic, social and cultural rights. Nepal wished to ask the international community to extend all support to Cambodia so as to build an institutionalized form of democracy and to lay the ground for sustained protection of democracy. Nepal wished the Government of Cambodia all the best in building a sustainable democracy.
ANGELA ROBINSON (Australia) welcomed the Special Rapporteur’s encouraging assessment of his initial meetings with the Cambodian Prime Minister and other key interlocutors. Had the Cambodian Government identified priority areas for dialogue since the Special Rapporteur had prepared the report? Australia further agreed that the Government should be congratulated for the progress made in responding to a range or areas, such as conducting regular elections and enacting legislation to protect women and children. However challenges remained, as identified in the Special Rapporteur’s report and the resolution on advisory services and technical assistance. Australia was concerned about the implementation of the Land Law and the relocation of communities to ill-prepared resettlement areas.
COURTNEY MUSSER (United States) said the Special Rapporteur noted that Cambodia was a country that had made tremendous strides from a tragic past, with positive growth and peaceful general elections, but also pointed out some serious issues in the areas of human rights protection, including some instances in which peoples’ right to own property was being violated and they were being arbitrarily deprived of their property. Could the Special Rapporteur elaborate on this issue and say how he intended to address the issue with the Government? The report also noted a trend of disturbing charges being filed by the Government against prominent critics; worse still, the legal representatives of persons accused of these crimes were also coming under pressure and were withdrawing their services. Had the Special Rapporteur had any response from the Government regarding these charges against opposition figures? The Special Rapporteur's predecessor had cited a number of areas in which the judicial process had broken down or individual rights had been abridged - did the Special Rapporteur plan to follow up on some of the broad areas of inquiry begun by his predecessor, and, if so, which areas?
SIHASAK PHUANGKETKEOW (Thailand) said that Thailand appreciated the Special Rapporteur’s comprehensive report. As a country that had endured and overcome considerable conflict, Cambodia continued facing modern-day challenges that were both immense and complex. Through it all, Cambodia had shown great resilience and determination, and in recent years had made great strides forward on all fronts, be they political, economic or social. In this regard, Cambodia’s efforts to tackle poverty and promote development within the country could be considered important steps in helping the people of Cambodia to realize their human rights. Thailand also welcomed the work that had been undertaken by the Government of Cambodia in the area of legal and judicial reform, and the adoption and enforcement of new laws. These endeavors would undoubtedly help strengthening the framework for the promotion and protection of human rights in Cambodia. As for the report on Cambodia, Thailand commended the constructive approach that Cambodia had taken in enhancing human rights protection within the country in accordance with international human rights standards. Despite all the progress that had been made so far, various challenges still remained for Cambodia to overcome, and Thailand stood ready to extend its full cooperation and support to Cambodia.
ERLINDA F. BASILIO (Philippines) said that, while taking note of the previous and present resolutions on Cambodia and considering Cambodia’s sincere cooperation with sponsors of these resolutions, the Philippines hoped that these resolutions would not become a regular feature of the Council’s sessions. Cambodia had made laudable progress in rebuilding the country and establishing the appropriate civil, political, social and economic structures that would serve as foundations for democracy, the rule of law and the promotion and protection of human rights, including economic, social and cultural rights. The Philippines congratulated Cambodia for its commitment to comply with periodic reporting under the core human rights treaties and encouraged Cambodia to continue the reforms that it had undertaken.
QIAN BO (China) said China thanked the Special Rapporteur for his report, and appreciated his efforts to keep the dialogue going with the Government, and hoped that he would fully respect his mandate in his work. China also congratulated the Government for its evident achievements in protecting and promoting human rights, and for their good cooperation with the Office of the High Commissioner for Human Rights and the Special Rapporteur. In the recent past, the Government had secured rapid economic growth and reduced poverty. The right to development was being effectively guaranteed, and the democratic legal framework had been strengthened, judicial procedures improved, and human rights guaranteed in political, economic and social spheres. Cambodia had also fulfilled in earnest its international human rights obligations, conducting effective cooperation with the United Nations human rights mechanisms. As a developing country, Cambodia had made enormous efforts to protect and promote human rights, and this was admirable. The international community should show full understanding and provide full support in this regard. At the moment, Cambodia was suffering from the financial crisis, and the international community should provide better targeted and more effective assistance and help.
JULIE DE RIVERO, of Human Rights Watch, said that Human Rights Watch called on the Human Rights Council to renew the mandate of the Special Rapporteur on the situation of human rights in Cambodia. During the past year, Human Rights Watch had documented a dramatic deterioration of the human rights situation in Cambodia, and in particular, freedoms of expression, association and assembly had been seriously compromised. Further, the Government of Cambodia had made virtually no progress on legal and judicial reform and ongoing political interference in the work of the United Nations-backed tribunal on Khmer Rouge atrocities continued to severely obstruct efforts for accountability and justice. The worsening rights situation demonstrated the need for continued United Nation engagement in Cambodia. With Cambodia’s Universal Periodic Review coming up this December, it was essential that the Cambodia Government commit to continue its cooperation efforts with all parties.
CINDY TAN, of United Nations Watch, said that every year, millions of girls were sold for slavery in Cambodia, but the issue of sexual trafficking was missing from the report. Every year children were trapped. Would the Special Rapporteur address the urgent question of human trafficking in his next report? The Khmer Rouge who had destructed the country, still held the reigns of the Government. She noted that many Cambodians did not even know that they had rights. United Nations Watch recognized the enormity of the task and they were counting on the Special Rapporteur’s support.
MICHAEL ANTHONY, of Asian Legal Resource Centre, said the Asian Legal Resource Centre welcomed the report, in particular the highlighted areas of priority for future work, namely: the freedom of expression, the independence of the judiciary, land and housing rights, and prison reform. There was a need for an end to long-standing delays by the Government in implementing provisions of the 1993 Constitution of Cambodia concerning the functioning and independence of the judiciary. Cambodians were not entitled to be tried by an independent, competent and impartial tribunal, in practice- they were being tried by judges whose status had not been defined by law and by courts whose establishment had no legal basis. Had the Special Rapporteur taken up the issue with the authorities, and had they shown any credible intent to take action to ensure the separation of powers and an independent judiciary? Without a functioning, independent judiciary, there would always be a disconnect between the law and the enjoyment of rights in practice.
AISHA GILANI, of Asian Forum for Human Rights and Development, said that the report of the Special Rapporteur on the situation of human rights in Cambodia outlined many key and serious challenges faced by Cambodia. The Asian Forum for Human Rights and Development fully supported the concerns expressed by the Special Rapporteur with regards to the deteriorating situation of freedom of expression in the country. It would also like the Special Rapporteur to further elaborate on how he envisaged carrying out the role of “acting as a bridge between the Government and the civil society in order to foster an environment of cooperation between them”, as stated in his report, given that the Cambodia Government had recently announced its intention to introduce a law on Local Associations and Non-governmental Organizations without adequate consultation and open debate with civil society. The Asian Forum for Human Rights and Development believed that this sought to limit the work of human rights defenders.
SAMUEL DANSETTE, of the International Federation of Human Rights Leagues, said that they fully supported the renewal of the mandate of the Special Rapporteur, which offered a unique possibility for dialogue with the Royal Cambodian Government and ensured that the international community was objectively informed. The Human Rights Council should renew its support to the role and work of the Special Rapporteur in a context of widespread deterioration of human rights in Cambodia. The Government continued to use criminal charges such as defamation and incitement to violence to silence criticism, among others from the political opposition, the media and non-governmental organizations.
SURYA PRASAD SUBEDI, Special Rapporteur on the Situation of Human Rights in Cambodia, responding to questions and observations, said he was particularly encouraged by the comments various delegations made about the challenges he faced, the work he had carried out this far, and how to work together to improve the human rights situation in Cambodia. Cambodia had made a constructive statement, promising more support for his work and for the work of the United Nations human rights machinery in general, and this was the spirit of cooperation and constructiveness that he intended to maintain. He had offered his assistance to the Government to address some of the challenges which some speakers had highlighted. As to what was the issue of highest priority for the Government and what could the international community and the Government do for this, the biggest challenge was to strike a balance between developmental efforts and human rights. These two had to go ahead together, and Cambodia must pay attention to human rights issues in its economic efforts. The non-governmental organization law was in the process of formation in Cambodia, and the international community could influence and help the Government in this regard. Many delegations asked what were the main challenges. His proposal to the Government of Cambodia was to say that the country needed binding national guidelines so that people knew what the parameters were when carrying out developmental projects to complement and supplement the existing laws in the country. He intended to engage in a constructive dialogue with the Government and offer his suggestions on how the new Penal Code could be brought into conformity with international instruments, and act as a bridge between the Government and the civil society sector.
Document on Somalia
The Council has before it the report of the Independent Expert on the situation of human rights in Somalia, Shamsul Bari (A/HRC/12/44), which covers the period from March to August 2009. The independent expert undertook his third mission to Somalia in June 2009 and was able to visit Somaliland and Puntland, although the south-central region of Somalia, remains out of bounds. The report presents background information on the activities conducted during the mission, the places visited and the people met and outlines developments since his previous report in the fields of security, human rights and humanitarian law, including the human rights situation in Puntland and Somaliland. Overall, the independent expert not only renews his previous assessment of the situation in Somalia as one of the worst humanitarian crises in the world today, but believes that the situation has worsened in recent months, with renewed violence and bloodshed. The Somalis with whom the independent expert met almost universally expressed their dismay at the fact that the international community’s attention to Somalia has remained woefully limited. In his conclusions, the independent expert says is imperative that the international community show greater resolve in finding a solution to Somalia’s crisis, and must also seek to eliminate the culture of impunity that has flourished in Somalia for so long. The conflict in Somalia has reached a critical juncture which, if handled properly, may yield positive results soon. This opportunity must not be missed. Otherwise, the forces of terror and violence will continue to triumph not only in Somalia, but spread elsewhere in the region too.
Presentation by Independent Expert on Human Rights Situation in Somalia
SHAMSUL BARI, Independent Expert on Situation of Human Rights in Somalia, said he had visited Somalia three times, but he had so far not been able to visit Mogadishu, the capital of Somalia, at all. The fighting that had been going on in and around Mogadishu almost incessantly did not make it possible. As a result, and as had been the case since his appointment, it was hardly possible for the Independent Expert to link up with the Transitional Federal Government of Somalia. However, he was able to meet with a few key members of the Government in Nairobi and Djibouti, but such meetings were fleeting and infrequent, and thus the possibility to discuss matters relating to the mandate with the Somali authorities was very limited. The report mentioned in some detail the places visited and the persons met during the last mission in June this year. In his report last March, the Independent Expert had described the situation in Somalia to be one of the worst humanitarian crises in the world today; he maintained that view, and believed that life for the ordinary people in areas affected by the recent upsurge of fighting and violence had become even worse. The renewed violence had heavily impacted on the civilian population in the affected areas - more people had been killed, many more had been internally displaced or forced to seek refuge in neighbouring countries, and there had been human rights violations caused as a result of this violence and other reasons.
Grave violations against women and children had been reported throughout the country, including the recruitment and use of children by several parties to the conflict, the killing and maiming and sexual and gender-based violence. Journalists and human rights defenders in all parts of Somalia continued to face increasing risks, severe threats and targeted killings for their work. In terms of senseless killings and mayhem, inhuman suffering and deprivations, Somalia seemed to surpass other crises in the world. And yet, the international community's attention to it had been woefully insufficient. But despite the surge in violence, there was a glimmer of hope for the future, and the international community should make full use of it very quickly - the situation in Somalia had reached a critical juncture, and, if dealt with properly, it was likely to yield positive results. The people of Somalia by and large were beginning to realise that their best hope for the future lay in the success of the Government and not with the hard-line Islamist opposition. But for hopes to materialise, there was an urgent need to fulfil the rising expectations of the people. In doing so, the Transitional Government, United Nations agencies and the international community as a whole must work together, hand in hand, and with a greater sense of urgency. The Independent Expert could not overemphasise the importance of concerted international efforts to bring the humanitarian crisis in Somalia, one of the contemporary world's longest and most painful crises, to an end in the shortest possible time, and it was imperative for the international community to show greater resolve in finding a solution. The window of opportunity must not be lost, and should be used with greater commitment and creativity than shown so far - otherwise, the forces of terror and violence would continue to triumph not only in Somalia, but spread elsewhere in the region.
Statement by Somalia as a Concerned Country
FAUZIA MOHAMED SHEKH (Somalia), speaking as a concerned country, said that Somalia could not agree more with the exhaustive report that the Independent Expert on the situation of human rights in Somalia had presented before this Council. Somalia welcomed this report. There were two main and interconnected challenges that any Somali Government would have to face. The first challenge consisted of the harmonization between Somalia’s traditional system and the modern and suitable federal statehood, as well as the harmonization between the genuine Islamic Sharia Law, the Somali Customary Law and the Modern Law. In this regard, a fair balance of the socio-economic and cultural rights among the alleged majority and minority social groups of Somalia was the main tool to obtain the long-due lasting and sustainable political settlement of Somalia’s political crisis. Further, the Somali women were an important component of the civil society, and a backbone of the economy of Somalia, and their socio-economic empowerment was therefore among the main strategies to enhance Somalia’s security situation at large. Somalia also looked forward to having a comprehensive, constructive and far-sighted cooperation process with all genuine stakeholders and friends of Somalia in order to enhance the prevention of all human rights abuses. The second challenge was that the statehood of Somalia itself was at stake. To this end, a strengthened commitment of international agencies and United Nations bodies was indispensable.
The Transitional Federal Government of Somalia, as well as the Regional Authorities, were determined to play a greater role in this Council with the objective to enhance partnership with all national and international human rights bodies, and to safeguard the promotion and protection of all human rights by the people of Somalia.
Interactive Dialogue with the Independent Expert on the Human Rights Situation in Somalia
ABDELWAHEB JEMAL (Tunisia), speaking on behalf of the Arab Group, said that the Arab Group expressed is appreciation for the efforts exhorted by the Council in order to extend assistance to, and build the capacity of Somalia. The African Group welcomed the valuable efforts of the Independent Expert. They fully appreciated the contents of the report which emphasized the tragic humanitarian situation in Somalia. The situation had greatly deteriorated in the past few months. This had led to an influx of refugees. The Arab Group believed that a political solution was indispensable in order to build capacity for the protection of human rights. They called upon the international community to give the necessary support to the Government of Somalia to help it restore security and stability. They also called upon the High Commissioner for human rights to provide further assistance. They hoped that security and stability would be maintained in Somalia; a country which had suffered too many crises.
ANNA UGGLA (Sweden), on behalf of the European Union, said the report was excellent, and the European Union shared the concern about the unstable situation in Somalia, one of the worst humanitarian situations in the world, where impunity and the lack of law continued to threaten victims. The efforts of the international community to stabilise Somalia were of great importance. The Independent Expert should carry out his work in close collaboration with other bodies working in Somalia. How could the international community best assist Somalia in implementing the provisions of the Djibouti agreement, the European Union asked. There was a need to address impunity to end human rights violations. It was timely to interact with the Government, Parliament and civil society. What was the strategic approach of the Independent Expert in this regard? The European Union fully supported the extension of the mandate of the Independent Expert for another year. The European Union was keen to see the Human Rights Council do more in Somalia, and was willing to look at constructive ways to undertake this.
MARTIN IHOEGHIAN UHOMOIBHI (Nigeria), speaking on behalf of the African Group, said that the African Group thanked the Independent Expert on the situation of human rights in Somalia for his comprehensive report. It was regrettable that the security conditions in parts of Somalia remained too fragile to allow a visit by the Independent Expert. The African Group expressed its dismay at the cowardly and criminal terrorist attack against African Union Mission in Somalia peacekeepers, and applauded the positive role being played by the African Union, particularly by the Peace and Security Council. The African Group further recognized with appreciation the positive and constructive engagement of the Transitional Federal Government of Somalia in this process. In this context, the presence of the Minister of Gender clearly signaled the determination of the Transitional Government of Somalia to continue to cooperate with the Human Rights Council and the mandate-holder. The humanitarian and human rights situation in Somalia was of great concern to the African Group, but the Group welcomed positive developments in the promotion and protection of human rights both in Somaliland and Puntland. Finally, the African Group reiterated its support for the renewal of the mandate based on the expressed wishes of Somalia.
LAURA MIRACHIAN (Italy) expressed Italy’s gratitude for the Special Rapporteur’s personal commitment and for the work he had accomplished over the last year. Since its establishment in 1993, the mandate had been a useful tool in monitoring and promoting human rights in Somalia, despite the grave situation on the ground. This time, Italy was particularly glad to register a clear engagement. The Somali crisis affected the whole of the international community. The current situation could evolve positively, depending on the Somali Government’s capacity to manage the various dimensions of the crisis. Action taken by the international community should be aimed at reinforcing and consolidating the Transitional Federal Government. Growing cooperation between the Transitional Federal Government, Puntland and Somaliland was also paramount. Decentralization and effective local government was a key component of stabilization and development. Time had also come to confront the root causes of piracy. What was, in the Independent Expert’s opinion, the top priority in the immediate future? Did the Independent Expert envisage devoting more attention in his future work to the active involvement of the Somali Diaspora?
IBRAHIM SAIED MOHAMED AL-ADOOFI (Yemen) said Yemen had read the report, and highly appreciated it and shared the concerns voiced by the Independent Expert on the plight of human rights in Somalia, one of the most egregious crises in the world, and yet the situation continued to worsen. The Government of Somalia was the only hope, as it was only through a strong State that peace would spread, as well as international security. The mechanism which the Independent Expert suggested was a good idea. The international community should ensure that the necessary financial resources were earmarked and made available to the Government. This also meant that commitments must be honoured. Yemen thought the suffering of the people of Somalia should come to an end - they were suffering dire poverty, and the number of refugees had doubled in the last year.
MOHAMED SIAD DOUALEH (Djibouti) said that Djibouti welcomed the report by the Independent Expert on the situation of human rights in Somalia. It was indeed very sad to note that the situation continued to deteriorate at an alarming rate and despite the high degree of enthusiasm and expectations raised by the formation of a new Government and the Djibouti accord. The violence had caused an outrageous number of civilian casualties; destruction and displacement, forced recruitment of children, and rape and sexual violence was widespread. Djibouti agreed with the Independent Expert that there could be no dramatic improvement of the human rights situation in Somalia if current efforts towards reconciliation and stabilization, led by the Transitional Federal Government, did not translate into significant progress in the security front. In conclusion, Djibouti concurred with the view expressed by the Independent Expert that urgent and concerted international action was needed to bring the humanitarian crisis in Somalia to an end in the shortest possible time. They should not allow Somalis to be disillusioned and lose hope – the international community must re-engage in Somalia in a robust way.
ROBYN HODGKIN (Australia) welcomed the report of the Independent Expert and expressed Australia’s support for the continuation of the mandate. Australia was gravely concerned by the situation in Somalia, particularly by the continued attacks on the Transitional Federal Government and the civil population by armed groups and foreign fighters who undermined peace and stability, leading to a worsening of the humanitarian situation. The Transitional Federal Government ought to be given every opportunity to re-establish peace and security. The report highlighted the seriousness of the situation with respect to a wide-range of human rights violations. Australia welcomed the goodwill and commitment of the new Government. They further endorsed the recommendation for the international community to continue to support efforts to promote peace, reconciliation and reconstruction, as well as to address humanitarian needs.
SELMA MALIKA HENDEL (Algeria) said Algeria saluted the commitment of Somalia to cooperate with the mechanisms of the Human Rights Council, led by the Independent Expert. The competence and objectivity evident in the report was welcome. The constructive interaction between the Government and the Independent Expert should continue in order to consolidate the results already achieved. The assistance of the international community was of crucial importance for the success of the efforts to normalise the situation in Somalia. Sectarian constraints could not justify the disengagement from the country. Efforts aiming to set up a state of law that respected and protected human rights, stability and economic and social development required the support of the international community, and it should provide the multiform aid required. The African Union was making colossal efforts in this domain - these efforts should be supported and upheld by those of the international community to consolidate the Somali Transitional Government. It was particularly important that technical assistance be provided and all initiatives be made in this context, aiming to ensure national reconciliation, peace and security.
GEIR SJOBERG (Norway) underlined the importance of enhanced multilateral cooperation on Somalia – the plight of the Somali people had continued for far too long. Norway welcomed the report of Mr. Bari and shared his assessment of the situation in Somalia as one of the worst humanitarian crises in the world. Norway further noted with deep concern that the situation was reported to be even worse now than at the time of the previous report, and noted with equally deep concern the reportedly accelerated engagement by foreign elements seeking to undermine the process towards peace and stability in Somalia. Norway further agreed with the recommendation that the Transitional Federal Government must itself take the bull by the horns – violations of human rights, humanitarian law corruption and inefficiency must be checked from within the Government itself. The Government must strive to promote accountability and seek to put an end to impunity in Somalia. A human rights focal point within the Government may be a useful step in this direction. Finally, for this Council to give the serious and long-lasting crisis in Somalia the proper consideration, Norway had noted with interest the proposal for a special session on Somalia.
MARK C. STORELLA (United States) said that the Independent Expert’s report cited tremendous problems that faced Somalia, including a dire security situation, an ongoing humanitarian crisis, and severe challenges to human rights, particularly for women and children. The human rights situation in Somalia had deteriorated markedly as a result of the escalation of armed conflicts since May 2009. They had been particularly troubled by extensive reports of summary executions and mutilations, indiscriminate shelling of civilian areas by all parties to the conflict, pervasive gender-based violence, and the conscription of children. As the Independent Expert pointed out, almost two generations of Somali children had not had the benefit of a full education. What could be done to remedy this situation? Would he consider holding a quarterly human rights umbrella meeting in Mogadishu, Hargeisa and Bosasso to engage and train human rights activists?
ALLEHONE MULUGETA ABEBE (Ethiopia) said Ethiopia agreed with the observation of the Independent Expert that the international community had given far too little attention to Somalia, and believed that the international community could not remain complacent, and its words needed to be matched by immediate and appropriate action in order to give the prospect of peace and human rights a chance. This needed to be demonstrated with concrete technical and material assistance to Somalia. Ethiopia also strongly supported the role played by the African Union, whose Peace and Security Council had recently taken a decision to confront those who were exacerbating the human rights situation in Somalia. That decision singled out Eritrea, which continued to arm and train insurgents and terrorist groups. It was regrettable that the Independent Expert's report did not fully confront the reality of the negative role played by Eritrea and how it undermined international peace and security, and the Independent Expert should explain whether he intended to consider this issue in future reports.
MELANIE HOPKINS (United Kingdom) said that the United Kingdom welcomed the conviction of the Independent Expert on the situation of human rights in Somalia that the time had come to make an all-out effort to bring the conflict in Somalia to an end. The United Kingdom remained gravely concerned about the human rights situation in Somalia. It was further of the view that the extension of the mandate for an Independent Expert for another year provided the scope to keep abreast of developments in the country and to support efforts aiming at making a real impact on the ground. The United Kingdom also welcomed the call from the Independent Expert for the implementation of measures to end the deep-rooted culture of impunity in Somalia. Further, ensuring accountability for all Government servants must be a key priority. The United Kingdom believed that this process should be Somali-owned and Somali-led, with support from the international community. What, in the Independent Expert’s assessment, should the international community prioritize in their work with Somalia in the coming months, the United Kingdom asked, before concluding that the United Kingdom strongly supported the need for the Human Rights Council to continue to follow closely the human rights situation in Somalia with a view to supporting the Government efforts to achieve real improvements on the ground.
MURIEL BERSET (Switzerland), thanked the Independent Expert for his commitment and for his report. Switzerland supported the draft resolution submitted by Nigeria on behalf of the African Group and was in favour of a prolongation of the mandate. A culture of impunity prevailed throughout Somalia. The recruitment and the use of children in the conflict was terrifying. What measures had been taken by the Government and the various armed groups to address this issue? It was important for the Government to be able to strengthen its authority. Combating impunity, not only needed the relevant legal machinery, but also measures to ensure that such violations did not reoccur. There were also encouraging developments. Switzerland welcomed the nomination of a focal point for human rights within the Somali Government.
BABACAR BA (Organization of the Islamic Conference) said the Organization of the Islamic Conference gave prime importance to following the Somali situation, and the Heads of the Conference had instructed the Secretary-General to deploy all possible efforts to support the actions undertaken by the United Nations, the African Union and the League of Arab States, as well as other partners such as the European Union, in the search for a global, durable and definitive solution to the conflict. The respect of the sovereignty and territorial integrity of Somalia was a major goal for the Organization. It was in this spirit that the Organization of the Islamic Conference supported the Djibouti Peace Accord, which was a good base to finalise the dialogue process in a context including all factions. The Organization of the Islamic Conference also supported the resolutions of the League of Arab States on the support given to the democratically elected Somali authorities. The gravity of the security and humanitarian situation in Somalia was a cause for concern to all. Despite the numerous obstacles in the path of a durable solution, the path must continue. International security depended on it. The increase of incidents of piracy off Somali coasts was a perfect illustration of the grave consequences this crisis could have on international maritime traffic. The international community should double its efforts to help the Somali Government to confront this situation.
AHMED IHAB GAMALELDIN (Egypt) said that Egypt fully supported Somalia and welcomed the high-level representation attending this meeting. Egypt also fully supported the mandate of the Independent Expert on the situation of human rights in Somalia, which was what this Council had decided in March, and also what the High Commissioner for Human Rights had decided. Egypt looked forward that the assessment mission went to Somalia and provided concrete input for further action. It further encouraged the Human Rights Council and all States to set the foundations for development and enjoyment of all human rights in Somalia. Finally, Egypt asked the Independent Expert what his concerns and needs were in carrying out his mandate.
MANON BOISCLAIR (Canada), said that Canada thanked the Independent Expert for his excellent work in carrying out his difficult mandate. A strong, effective and neutral United Nations presence was an important source of support to Somalis in resolving the current conflict. Canada was very concerned about the state of human rights in the country. Over the last few months, an already difficult humanitarian situation had grown worse. It was increasingly difficult for the international community to help meet the basic needs of vulnerable populations. Attacks on aid workers had to be immediately stopped in order to ensure full, safe and unhindered access to those in need. Given the complex security situation and limited capacity, what did the Independent Expert feel were the most important steps the federal and regional governments of Somalia could take to fight impunity and increase the rule of law? Also how could the international community and international aid agencies best protect the human rights of the most vulnerable populations, such as internally displaced persons and refugees?
MUSTAFIZUR RAHMAN (Bangladesh) said the Independent Expert was doing a commendable job despite all the obstacles he was faced with in discharging his mandate. The security situation in Somalia did not allow him to undertake his mission and familiarise himself with the situation on the ground. The situation was indeed precarious: the people of Somalia were facing the worst form of human rights and humanitarian crisis. Senseless violence, killings, and abductions were going on unabated before the very eyes of the international community. It should not be allowed to continue or to deteriorate further. The international community must do everything possible to help the Government of Somalia strengthen the Government so that it could exert its authority over the entire territory and support the institutions capable of delivering this for the people. The ray of hope generated by the Djibouti Peace Agreement and efforts made by the Special Representative of the Secretary-General should not be allowed to drift away. Neighbouring countries and the African Union had a very important role to play in improving the situation. The United Nations and its agencies should be supported politically as well as through providing adequate financial means. The international community must show a greater resolve to bring peace and stability that eluded the country for more than two decades to the people of Somalia, who had been suffering for too long.
PHILIPPE DAM, of Human Rights Watch, said that, as the Independent Expert had pointed out, Somalia's deeply entrenched culture of impunity was the primary cause of the patterns of abuse that prevailed in much of the country. Human Rights Watch had long called for an independent commission of inquiry to lay the groundwork for future accountability by documenting the worst abuses and identifying the people responsible for them. Did the Independent Expert discuss that possibility in meetings with key interlocutors in Nairobi and elsewhere, and what steps were needed to establish such a mechanism? One of the challenges in gathering an accurate impression of the human rights situation in Somalia was the lack of sustained and systematic monitoring and documentation work being done by United Nations agencies on the ground. That was a job that should be done by the Office of the United Nations High Commissioner for Human Rights, which worked through the human rights unit of the United Nations peacekeeping operations in the country. Staffing shortfalls had left the peacekeeping operations incapable of fulfilling that vital role until now. Was the Independent Expert confident that that situation would soon be remedied?
CATHERINE BEVILACQUA, of Amnesty International, said that the people of Somalia continued to pay a heavy price because of the armed conflict. The September 2009 suicide attacks on the base of the African Union Mission in Somalia in Mogadishu had attracted widespread international condemnation. Yet at the same time, other instances of killings of civilians had been barely reported. Civilians were primary casualties of the conflict; they suffered from indiscriminate shelling on populated areas by all parties. Journalists, humanitarian workers and civil society activists continued to be targeted, mainly by armed oppositions groups. Many of the abuses against civilians constituted serious human rights violations or war crimes and were carried out in a context of almost total impunity. Amnesty International looked forward to the renewal of the mandate of the Independent Expert.
HASSAM SHIRE SHEIKH, of Cairo Institute of Human Rights Studies, said the Council's acknowledgement of the need to pay immediate attention to the human rights crisis in Somalia should translate into concrete and immediate steps in the field of accountability and human rights reporting, and the Council should renew the mandate of the Independent Expert and enhance Council monitoring of the human rights situation in Somalia. Among issues requiring immediate attention were the repeated attacks against human rights defenders in Somalia, which were closely linked to two other issues that should be prioritised by the Council: impunity and the absence of a permanent international human rights presence on the ground. No national, regional or international accountability mechanisms were currently in place to hold those responsible for the most serious human rights violations to account. The Council should call on the United Nations to set up an international commission of inquiry into past and present violations in Somalia. The current absence of international monitoring should also be dealt with.
SAMUEL DANSETTE, of International Federation of Human Rights Leagues, said the Federation expressed its deep concern over the situation in Somalia, and urged the Council to strongly react and provide protection of human rights in that country. Since the beginning of the year, several incidents involving civil society and the media had occurred, such as deliberate attacks, assassinations, and the arbitrary arrest of journalists. The Human Rights Council should renew the mandate of the Independent Expert, request the conduct of a United Nations Mission of Inquiry to identify and qualify the crimes committed by all parties to the conflict and make specific recommendations to fight impunity, and adopt a resolution calling upon the Government and all non-State warring parties to desist from assaulting civilians and from attacking human rights defenders, journalists and humanitarian workers, as well as urging the international community to ensure that a genuine and inclusive peace and reconciliation process was carried out, placing particular emphasis on accountability.
JAN LONN, of International Youth and Student Movement for the United Nations, strongly welcomed the report of the Independent Expert and congratulated him for the very powerful message of alarm and concern with regard to the situation in Somalia. That was more needed than ever now, and the international community had to increase all of its actions in solidarity with the people of Somalia. It should not be forgotten that the grave situation in Somalia today was not just the result of Somali action, but several years of aggression and occupation from outside. It was also important to note that there was a very large Somali diaspora, who could be tapped to work in favour of peace. In that regard, did the Independent Expert have any plans to work with Somalis living abroad to facilitate the peace process and the improvement of the situation in Somalia?
SHAMSUL BARI, Independent Expert on the situation of human rights in Somalia in concluding remarks, thanked everyone for the kind words over his report. He had tremendous difficulties to do justice to his mandate and it would continue to be so as long as the security situation in Mogadishu did not allow him to travel there. But there were other opportunities, in other parts of the country and he would continue to look at how to engage the authorities there. He was quite confident that activities on a decentralised, regional basis might help to plan for the future. On what could be his personal role, he said that he could not see any activities he could take up among the recommendations he had made; these were points he had merely wanted to bring to the attention of the international community. He said that it was also time the Government realised that it had to do its job and that it could not solely rely on the international community. Surely there were areas where the international community could provide help and capacity building. The opposition forces did much better in their communication with the people and the Government would need to do better than them. International expertise could be helpful in this matter. There was also a need for the Government to declare its intent to prosecute violations of human rights and humanitarian law. On impunity, he was very pleased that the United Nations, under the Special Representative of the Secretary-General, had taken a role with regard to impunity. Accountability was also something the international community and the United Nations had to insist on.
On what sectors should be the basis for an effective technical assistance programme, Mr. Bari said that the United Nations was already doing a number of very useful things. They should extend these activities and bring in girls and boys for vocational training. One of the most important things for the Government to succeed was to create the impression that it was preparing for a not too distant future. Concerning the Diaspora he had not engaged with it yet; he would require more time to work on that. On what were the most important steps that the Government could take to fight impunity and increase the rule of law, he noted that this issue was very much on the agenda of the United Nations with the Transitional Federal Government. Given the current context, he could not assure that there would be a quick success. Further, the United Nations High Commissioner on Refugees needed support in Kenya, because they were receiving a high number of refugees. Kenya should also provide more space for the refugees. He said there was a need to put more focus on education in Somalia.
For use of the information media; not an official record
HRC09122E