AFTERNOON - Human Rights Council Holds Dialogue on Technical Assistance and Capacity Building for South Sudan and Begins Dialogue on the Situation of Human Rights in Cambodia
Council Concludes Enhanced Dialogue on the Situation of Human Rights in the Democratic Republic of the Congo
The Human Rights Council this afternoon held an interactive dialogue on the oral update of the Office of the High Commissioner for Human Rights on technical assistance and capacity building for South Sudan, and started an interactive dialogue with the Special Rapporteur on the situation of human rights in Cambodia. The Council also concluded its enhanced interactive dialogue on the situation of human rights in the Democratic Republic of Congo.
At the beginning of the meeting, at the request of Afghanistan, the Council held a minute of silence for the victims of the devastating earthquake in Afghanistan. It also held a minute of silence at the request of Pakistan on behalf of the Organization of Islamic Conference for the loss of innocent lives in the occupied Palestinian territory and elsewhere, and to remember victims of decades of foreign occupation in the occupied Palestinian territory.
Christian Salazar Volkmann, Director of the Field Operations and Technical Cooperation Division of the Office of the High Commissioner for Human Rights, said extrajudicial executions carried out by South Sudanese security forces remained a grave concern in South Sudan, and women and girls continued to be subjected to sexual violence, especially during outbreaks of clashes. The absence of formal judicial institutions in various parts of the country continued to be a hindrance to the fair and just implementation of accountability measures. The Office also remained deeply concerned with the continued restrictions on civic and political space and lack of protection for those who engaged in peaceful civic action. An important development in the field of transitional justice was the passage of the bills on the Commission for Truth, Reconciliation and Healing, and the Compensation and Reparation Authority by the Council of Ministers.
South Sudan, speaking as a country concerned, said two bills for the establishment of the Commission for Truth, Reconciliation and Healing, and the Compensation and Reparation Authority were approved by the National Council of Ministers, and were on their way to the Transitional National Legislative Assembly for enactment. In September 2023, the President signed into law the National Elections Act, which would be used in the conduct of the general elections at the end of the transitional period. The international community was urged to provide much-needed financial resources to the Government of South Sudan through the United Nations Mission in South Sudan and other United Nations agencies.
In the ensuing discussion on South Sudan, some speakers said they continued to be deeply worried about the developments in South Sudan, as they continued to see new crimes committed, hearing about extrajudicial killings, abductions, attacks on civilians, and horrific accounts of sexual and gender-based violence, among them mass rapes and sexual slavery. Speakers expressed deep concern regarding the safety of humanitarian aid workers. It was of the utmost importance to establish proper accountability mechanisms, to make sure impunity did not prevail. One speaker said all parties should resolve their differences in human rights through constructive dialogue: the discussions in the Council should contribute to the stability and development of South Sudan, without politicisation, and not the other way around.
Speaking in the discussion on South Sudan were the European Union, Costa Rica, Egypt, United States, Luxembourg, United Nations Children's Fund, Netherlands, France, China, Russian Federation, Australia, United Kingdom, Venezuela, Senegal, Democratic People's Republic of Korea, Sierra Leone, Sudan, Botswana, Burundi, Kenya and Eritrea.
Also speaking were Centre for Human Rights and Peace Advocacy, East and Horn of Africa Human Rights Defenders Project, Interfaith International, Elizka Relief Foundation, and Rencontre Africaine pour la defense des droits de l'homme.
The Council then started an interactive dialogue with the Special Rapporteur on the situation of human rights in Cambodia.
Vitit Muntarbhorn, Special Rapporteur on the situation of human rights in Cambodia, said during the past year, constructive actions in regard to the country’s link with human rights could be identified. Regarding the progressive assessment of the human rights situation in the country, these progressive developments tended to be in the economic, social and cultural fields rather than in the political arena. This was especially due to the monopolisation of power at the top, fencing in the political and civic space as a systemic, restrictive enclosure. At a time when the path of the country’s development was being reshaped by a new generation, it was pivotal to integrate the call for human rights and democracy substantively into the trajectory towards the future.
Cambodia, speaking as a country concerned, said Cambodia appreciated the affinity of the Special Rapporteur and his recognition, through a very narrow scope, of Cambodia’s gains. However, it was regretful that the report did not set the record straight on many fronts due to the incomplete and unbalanced integration of factual and legal accounts provided by various bodies of the State. The benchmarks did not reflect unfolding efforts and progress made in areas, including the opposition, legal and judicial reforms, and the crackdown on human trafficking. As a country which had ratified almost all core international human rights instruments, Cambodia remained steadfast in promoting and protecting human rights.
In the discussion, some speakers said Cambodia had made remarkable progress over the past two decades. One speaker said the working methods of the Special Rapporteur should be balanced and constructive, taking into account the perspective of the Government and national circumstances. The use of reliable, verifiable sources and factual information was critical. Some speakers remained concerned by the human rights situation in Cambodia, noting that the shrinking democratic space had a clear negative impact on the right of Cambodians to participate fully and equally in all aspects of the electoral process and public affairs. The 2023 elections were neither free nor fair.
Speaking in the discussion on Cambodia were Lao People's Democratic Republic on behalf of the Association of Southeast Asian Nations, European Union, United Nations Children's Fund, Egypt, Switzerland, Luxembourg, France, United States, Belgium, Thailand, China and the Russian Federation.
At the beginning of the meeting, the Council concluded the enhanced interactive dialogue on the reports of the High Commissioner and the team of international experts on the situation of human rights in the Democratic Republic of the Congo, which started in the previous meeting and a summary can be found here.
In concluding remarks, Fifi Baka Mule, Executive Secretary of the Gender and Women’s Rights Network, said it was pleasing that most delegates had recognised the urgent needs for humanitarian assistance and to restore lasting peace. When it came to the transitional justice mechanisms established by the Government, progress had been made, but resources needed to be swiftly available to ensure survivors and victims could have access to these mechanisms.
Bessole Rene Bagoro, Member of the team of international experts on the Democratic Republic of the Congo, in concluding remarks, said on the ground, the United Nations Stabilisation Mission to the Democratic Republic of the Congo had provided support through the joint office, and its withdrawal would have an impact on capacity. The capacities of the joint office needed to be increased to allow it to continue its work.
Bintou Keita, Special Representative of the Secretary-General in the Democratic Republic of the Congo, in concluding remarks, said regarding the scourge of gender-based violence and sexual violence against women, there were comprehensive solutions, and all must join forces so that the centres that supported these women could be scaled up.
Albert Fabrice Puela, Minister of Human Rights of the Democratic Republic of the Congo, in concluding remarks, said the Government had been working, contrary to what had been said: it had not been setting up alliances with armed groups, there had never been any such alliance. Efforts were being made by the Government to implement transitional justice, and the international community needed to provide support in this regard. The international community had every possibility of ending this war, putting pressure on and adopting sanctions against Rwanda, which was where the threats to peace and civilians, and the human rights violations, were coming from.
Nada Al-Nashif, United Nations Deputy High Commissioner for Human Rights, in concluding remarks, said the Office of the High Commissioner remained concerned regarding elections, and about shrinking civil space and hate speech. The authorities were urged to guarantee a peaceful election process, and Member States were called on to continue to support the authorities, in a coordinated and constructive approach. There needed to be lasting solutions to the conflict and Congolese partners should build on the success achieved in the fight against impunity, by applying accountability to all equally, regardless of the rank of the perpetrators.
In the discussion on the Democratic Republic of the Congo, some speakers said the terror wrought upon the innocent by the activities of armed groups had resulted in a catastrophic humanitarian crisis, including massive internal displacement, together with the perpetration of deplorable human rights violations and abuses, encompassing, among others, sexual and gender-based violence against women and girls. Speakers called on these armed groups to cease their activities immediately. A speaker commended the authorities of the Democratic Republic of Congo for the enhanced cooperation with the team of international experts which allowed the team to implement its mandate. It was vital to hold a constructive dialogue with the authorities, without any politicisation and with direct consideration of the national, cultural, ethnic and religious situation of the country, said one speaker.
Speaking in the discussion on the Democratic Republic of the Congo were United Nations Children’s Fund, France, Malawi, Belgium, China, Russian Federation, South Africa, Angola, United Kingdom of Great Britain and Northern Ireland, Venezuela, Senegal, Mauritania, Sudan, Botswana, Sovereign Order of Malta, Eritrea and Rwanda.
Also speaking were Collectif des Associations Contre l'Impunité au Togo, Caritas Internationalis (International Confederation of Catholic Charities), Franciscans International, Interfaith International, Service for Human Rights, CIVICUS - World Alliance for Citizen Participation, Rencontre Africaine pour la defense des droits de l'homme, Next Century Foundation, Centre du Commerce International pour le Développement, and Elizka Relief Foundation.
The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s fifty-fourth regular session can be found here.
The Council will next meet at 10 a.m. on Tuesday, 10 October, when it will continue the interactive dialogue with the Special Rapporteur on the situation of human rights in Cambodia, followed by an interactive dialogue with the Independent Expert on the situation of human rights in Somalia, followed by an interactive dialogue with the Independent Expert on the situation of human rights in the Central African Republic.
Minute of Silence
Afghanistan called on the Council to hold a minute of silence for the devastating earthquake which hit the western city of Herat in Afghanistan, with aftershocks continuing in the past 48 hours. There were around 11,500 casualties, including 2,500 people killed, representing a huge humanitarian catastrophe within the country.
The Council stood for a minute of silence.
Pakistan, speaking on behalf of the Organization of Islamic Conference, expressed deep concern over the loss of innocent lives in the occupied Palestinian territory and elsewhere. Regrettably the huge loss of lives and unabated violence was the sad reminder of over seven decades of aggression and disrespect for international law. There needed to be steps to ensure the realisation of the right to self-determination for the Palestinian people. Pakistan called on all parties to exercise restraint and respect their human rights obligations under international law. Pakistan remained concerned about the human costs of the escalating situation. Pakistan said all hearts went out to Afghanistan for the huge loss of lives in the devastating earthquake. Pakistan requested a minute of silence for the loss of innocent lives, including women, children and the elderly, and to remember victims of decades of foreign occupation in the occupied Palestinian territory.
The Council stood for a minute of silence.
Enhanced Interactive Dialogue on the Reports of the High Commissioner and the Team of International Experts on the Situation of Human Rights in the Democratic Republic of the Congo
The enhanced interactive dialogue on the reports of the High Commissioner and the team of international experts on the situation of human rights in the Democratic Republic of the Congo started in the previous meeting and a summary can be found here.
Discussion
Some speakers said the crisis in the Democratic Republic of the Congo, including ongoing violence and attacks against the civilian population, continued to have a devastating impact on the rights of children and women. Sexual violence also remained a deep concern: there had been a 40 per cent increase in the number of verified cases of rape and other forms of sexual violence from January to June 2023, compared to the same period last year. As these indicators showed a worsening of the situation, speakers called on all parties to the conflict to take necessary measures to prevent and end all forms of violence against civilians, especially the most vulnerable, such as children and women.
The terror wrought upon the innocent by the activities of armed groups had resulted in a catastrophic humanitarian crisis, including massive internal displacement, together with the perpetration of deplorable human rights violations and abuses, encompassing, among others, sexual and gender-based violence against women and girls. Speakers called on these armed groups to cease their activities immediately. Further, the Government should, a speaker said, implement a swift, well-coordinated and comprehensive response to the increased levels of sexual violence and exploitation in the eastern area of the country. There should be full, safe, equal and meaningful participation of women in the decision-making processes to this response.
Arbitrary arrests and the recruitment of children were also topics of concern, as was the increase in violence; the M23 group should immediately withdraw and disarm, a speaker urged. Regional peace initiatives, including the Lwanda and Nairiobi peace initiatives, must be implemented and respected. The authorities must give this process all necessary resources to succeed, in coordination with the slow withdrawal of the United Nations Stabilisation Mission in the Democratic Republic of the Congo. Concern remained for the shrinking of civic space and the rise of self-censorship, in particularly in the context of the upcoming elections, and the reports of arbitrary arrests of journalists and other media workers. The Government must respect the freedom of expression, which was crucial in the context of the elections.
A speaker commended the authorities of the Democratic Republic of the Congo for its cooperation with the team of international experts which allowed the team to implement its mandate, and further urged the authorities to work on ending the conflict in the eastern part of the country, which had resulted in the displacement of the population. The recommendations made by the team of international experts were welcome, and the authorities in charge of implementing the Disarmament, Demobilisation, Community Recovery and Stabilisation Programme and the partners were urged to strike a balance between legal proceedings, which guaranteed victims’ right to justice, and resocialisation strategies, which fostered a climate of reconciliation within communities.
The situation in the Democratic Republic of the Congo affected the whole region, a speaker said, and thus countries of the region should cooperate in order to bring an end to violence, upholding comprehensive and sustainable concepts of security. A key issue for normalisation was, another speaker said, the lack of stability, with an increase of victims among the civilian population, and more internally displaced persons as well as refugees in neighbouring countries. Normalisation in the eastern areas was crucial to normal life for the population and preparation for the elections: it was vital to hold a constructive dialogue with the authorities, without any politicisation, and with direct consideration of the national, cultural, ethnic and religious situation of the country.
Some speakers urged the High Commissioner to continue to provide technical assistance to the Democratic Republic of the Congo, in accordance with its needs. Other speakers called upon the United Nations team of experts to integrate technical advice and assistance on economic, social and cultural rights in their efforts to support the national authorities. Beyond the relevant international investment in peace undertaken in the Democratic Republic of the Congo, it was crucial that specific solutions based on human rights standards and taking into consideration local experiences could contribute to tackling a range of problems on the ground that still existed and created difficulties for the full enjoyment of human rights by the people of the Democratic Republic of the Congo.
Concluding Remarks
FIFI BAKA MULE, Executive Secretary of the Gender and Women's Rights Network, said the situation for women and young girls in the Democratic Republic of the Congo was very worrying. It was pleasing that most delegates had recognised the urgent need for humanitarian assistance and to restore lasting peace. When it came to the transitional justice mechanisms established by the Government, progress had been made, but resources needed to be swiftly available to ensure survivors and victims could have access to these mechanisms. Ms. Mule called on the Council to reflect on a swift solution to the suffering faced by Congolese people, particularly women and girls. This situation had been dragging on for over 30 years and she called upon all stakeholders to realise that a definitive solution was needed for all women and girls.
BESSOLÉ RENE BAGORO, Member of the Team of International Experts on the Democratic Republic of the Congo, said the communications strategy had been at the heart of discussions with the Congolese Minister. On the ground, the United Nations Stabilisation Mission in the Democratic Republic of the Congo had provided support through the joint office, and its withdrawal would have an impact on capacity. The capacities of the joint office needed to be increased to allow it to continue its work. Mr. Bagoro reiterated thanks to the Government of the Democratic Republic of the Congo. He called for technical support to be provided to authorities, and called for the Commission to be given increased and necessary support.
BINTOU KEITA, Special Representative of the Secretary-General in the Democratic Republic of the Congo, said regarding the scourge of gender-based violence and sexual violence against women, there were comprehensive solutions, and all must join forces so that the centres that supported these women could be scaled up. There must be an end to small projects that stopped help being given to all survivors. On the progressive withdrawal of the United Nations Stabilisation Mission in the Democratic Republic of the Congo, it was important to work both centrally and in a decentralised manner with the authorities to determine what needed to be done and by whom, so that it could be done properly. On the ongoing important work of the Office of the High Commissioner for Human Rights, technical cooperation and capacity building needed to be put in place so that work continued after the withdrawal of the United Nations Stabilisation Mission in the Democratic Republic of the Congo.
ALBERT FABRICE PUELA, Minister of Human Rights of the Democratic Republic of the Congo, said the Government thanked all those who had taken the floor for their contributions during this important debate, which showed the readiness of the Democratic Republic of the Congo to protect and promote human rights in the country. Regarding the shrinkage of freedoms before the election, political parties and journalists were carrying out their activities freely, unless they broke the law. The Government had been working, contrary to what had been said: it had not been setting up alliances with armed groups, there had never been any such alliances. The Government had never recruited mercenaries: what was clear in the United Nations reports was the presence of Rwandan armed forces among the armed groups.
Regarding the efforts of the Government, Mr. Puela said efforts were being made to implement transitional justice, and the international community needed to provide support in this regard. The international community had every possibility of ending this war, putting pressure on and adopting sanctions against Rwanda, which was where the threats to peace and civilians, and the human rights violations were coming from. The international community must uphold justice and equal treatment in human rights.
NADA AL-NASHIF, United Nations Deputy High Commissioner for Human Rights, thanked all speakers for their questions, comments and support. The Office of the High Commissioner remained concerned regarding elections, and about shrinking civil space and hate speech. The authorities were urged to guarantee a peaceful election process. Member States should continue to support the authorities in a coordinated and constructive approach. There needed to be lasting solutions to the conflict and Congolese partners should build on the success achieved in the fight against impunity, by applying accountability to all equally, regardless of the rank of the perpetrators. Ms. Al-Nashif reiterated the call for the promotion and protection of human rights in the Democratic Republic of the Congo to remain of the highest priority.
Interactive Dialogue on the Oral Update of the Office of the High Commissioner for Human Rights on Technical Assistance and Capacity Building for South Sudan
Presentation of Oral Update
CHRISTIAN SALAZAR VOLKMANN, Director of the Field Operations and Technical Cooperation Division of the Office of the High Commissioner for Human Rights, said the Office’s support, which was implemented by the Human Rights Division of the United Nations Mission in South Sudan, was designed to respond to key human rights challenges identified in Human Rights Council resolution 52/43, as well as monitoring, reporting, and root cause analysis. In South Sudan, persistent inter-communal violence in the context of cattle raiding and revenge attacks involving community-based militia and/or civil defence groups continued to pose a major threat to local populations. The majority of the casualties were recorded in Eastern Equatoria, Jonglei and Warrap states.
Extrajudicial executions carried out by South Sudanese security forces also remained a grave concern in South Sudan. Women and girls continued to be subjected to sexual violence, especially during outbreaks of clashes. The absence of formal judicial institutions in various parts of the country continued to be a hindrance to the fair and just implementation of accountability measures. The Office also remained deeply concerned with the continued restrictions on civic and political space and lack of protection for those who engaged in peaceful civic action. Human rights defenders – including political activists and journalists – continued to be at high risk of harassment, threats, arbitrary detention and physical attacks. The Office urged the Government of South Sudan to foster an environment that was respectful of all human rights, including freedom of expression, peaceful assembly and the right to participation, particularly in the context of the general elections scheduled to take place in December 2024.
An important development in the field of transitional justice was the drafting of the bills on the Commission for Truth, Reconciliation and Healing, and the Compensation and Reparation Authority by the Government with the support of various stakeholders, including the Human Rights Division – and the recent passage of both bills by the Council of Ministers. The Human Rights Division continued to strengthen the capacity of national human rights institutions, including the South Sudan Human Rights Commission, to effectively monitor, investigate and document human rights violations and abuses. Joint activities were also organised with the Government to strengthen national capacity to implement the recommendations made during its third cycle of the Universal Periodic Review in 2022. To enhance a conducive environment for civic and political space, the Human Rights Division continued to strengthen the capacity of State and non-State actors through advocacy and trainings.
The Office had always valued the good cooperation of the Government of South Sudan with the Office, including the United Nations independent mechanisms, and therefore regretted the Government’s sudden decision to postpone the country visit of the Special Rapporteur on the human rights of internally displaced persons, which was scheduled to take place from 9 to 20 October 2023, and strongly encouraged the Government to reschedule the country visit as soon as possible.
Statement by Country Concerned
South Sudan, speaking as a country concerned, said in May 2023, the Government, with support from the African Union and the United Nations Development Programme, organised a transitional justice conference facilitated by leading transitional justice experts. The conference culminated in the drafting and presentation of bills for the establishment of the Commission for Truth, Reconciliation and Healing, and the Compensation and Reparation Authority, which were approved by the National Council of Ministers. The two bills were on their way to the Transitional National Legislative Assembly for enactment. In September 2023, the President signed into law the National Elections Act, which would be used in the conduct of the general elections at the end of the transitional period.
After the recent accession to regional and international instruments, the Government of South Sudan, in collaboration with the United Nations Mission in South Sudan, had conducted sensitisation training in Juba on the domestication of the instruments. Two matrixes were being developed, one for the implementation of Universal Periodic Review recommendations accepted by the Government at its second review cycle, and one for the implementation of the Human Rights Council resolution for technical assistance and capacity building. The Government, in conjunction with United Nations partners, had developed the official website of the Ministry of Justice, which would enhance access to justice and data, and improve communication of the Ministry. The international community was urged to provide much-needed financial resources to the Government of South Sudan through the United Nations Mission in South Sudan and other United Nations agencies.
Discussion
Some speakers said they continued to be deeply worried about the developments in South Sudan, as they continued to see new crimes committed, hearing about extrajudicial killings, abductions, attacks on civilians, and horrific accounts of sexual and gender-based violence, among them mass rapes and sexual slavery. Some speakers expressed deep concern regarding the safety of humanitarian aid workers, and called on the Government of South Sudan to ensure safe, rapid and unhindered humanitarian access, condemning the appalling level of sexual and gender-based violence perpetrated also by security forces. It was of the utmost importance to establish proper accountability mechanisms, to make sure impunity did not prevail. Survivors needed justice.
A number of speakers said recent developments in South Sudan were also significantly adding to the protection and assistance challenge: with refugees and returnees coming into the country, scarce resources fuelled new conflicts. Rising violence gave cause to further grievances. For South Sudan to build a stable and prosperous future for itself, the authorities must adhere to the roadmap of August 2022, and show real effort to get back on track with the implementation of the Revitalised Agreement on the resolution of the conflict in South Sudan.
The authorities must take effective measures to protect human rights and strengthen cooperation with the Office of the High Commissioner for Human Rights, put their efforts towards full accountability, and guarantee safety, especially of women and girls in conflict-affected areas as well as other persons in vulnerable situations. South Sudan must make efforts to operationalise transitional justice mechanisms in order to stabilise the situation in the country, and address challenges, consolidating the peacebuilding process. There seemed to be, a speaker said, a lack of political will to address accountability. The transitional justice mechanisms of the peace agreement needed to be operationalised and fully funded.
Curbing impunity and performing the main outstanding tasks for ensuring political transition, with free, fair and credible elections by the end of 2024, were vital, a speaker said. The shrinking of democratic and civil space was notable. There was still a need for sustaining and improving technical assistance and capacity building support to South Sudanese authorities and civil society organizations, especially when the ability of local and international non-governmental organizations, as well as international organizations, to deliver was restricted by the structural inadequacies of funding provided to human rights organizations.
The international community must ensure the durability of technical assistance and capacity building opportunities for human rights workers and support effective monitoring, reporting and response to human rights abuses. South Sudan must show political will to ensure its transition: general elections would be the culmination of the process.
All parties should resolve their differences in human rights through constructive dialogue: the discussions in the Council should contribute to the stability and development of South Sudan, without politicisation, and not the other way around, a speaker said. The people of South Sudan had the wisdom and ability to resolve their own problems, and the international community should give them more understanding and support, providing assistance to allow the country to develop its economy and improve people’s livelihood.
All efforts should be made, another speaker said, without politicisation, to support the efforts of the country’s authorities. Strengthening peace and security through regional players was vital: peace would only come with a definitive settling of the conflict. The use of international fora, including the Council, to place pressure on South Sudan was rejected: it must be based on respect of national and cultural needs.
Speakers asked what the Council, and the larger United Nations system with it, could do to best support the people in South Sudan, and to help the country on a path to justice and accountability; how could the international community more effectively urge South Sudan’s leaders to ensure accountability and respect for human rights and fundamental freedoms; and what could the international community do to support the reversal of the shrinking of civil and democratic space and to create a space where journalists and human rights defenders could operate freely.
Concluding Remarks
CHRISTIAN SALAZAR VOLKMANN, Director of Field Operations and Technical Cooperation Division of the Office of the High Commissioner for Human Rights, expressed appreciation to the Ministry of Justice of South Sudan and to the delegations for their comments and questions. On transitional justice and elections, there were high prospects that the Commission for Truth, Reconciliation and Healing, and the Compensation and Reparation Authority would be set up soon. Setting up the hybrid court required the political will of the Government, and the Office would call on the Government to garner its will for establishing this hybrid court.
There had been recent progress with the National Elections Act, however, there were delays in the roadmap, and subsequently and a lack of clarity about the timeline. The establishment and resourcing of elections should be prioritised. On civic space and civil society, the United Nations Mission in South Sudan continued to strengthen the capacity of civil society, and strengthen relationships to protect civic space, which was also essential for free and fair elections.
Addressing questions on supporting justice and accountability, Mr. Volkmann said this kind of technical assistance was important to continue, but to pair it with the monitoring of human rights violations, and actions to improve impunity. The Office of the High Commissioner would continue to engage with civil society to ensure they were heard when they reported cases of abuses. It was not just working at the national level but also at the decentralised and State level. The Office of the High Commissioner continued to engage with the Government to address the civic space challenges, extrajudicial executions, and the implementation of the peace agreements.
Interactive Dialogue with the Special Rapporteur on the Situation of Human Rights in Cambodia
Report
The Council has before it the report of the Special Rapporteur on the situation of human rights in Cambodia (A/HRC/54/75).
Presentation of Report
VITIT MUNTARBHORN, Special Rapporteur on the situation of human rights in Cambodia, said during the past year, constructive actions in regard to the country’s link with human rights could be identified, and they included more attention to child protection, introduction of social protection measures such as pensions for employees, expanded help for the poor and vulnerable, and improvements of the justice system to clear case backlogs and to introduce non-judicial dispute resolution. During this period, various economic, social and cultural issues also arose, at times with implications for law making, enforcement and anti-crime measures. There were multiple cases of human trafficking of a modernistic kind, especially on-line fraud or scam; many nationals from other countries had been tricked to come to Cambodia and prey on other people on-line.
Regarding the progressive assessment of the human rights situation in the country, there were innovative benchmarks and indicators in the Special Rapporteur’s 2022 and 2023 reports which had provided an opportunity to take stock of the realities. However, those progressive developments tended to be in the economic, social and cultural fields rather than in the political arena. This was especially due to the monopolisation of power at the top, fencing in the political and civic space as a systemic, restrictive enclosure.
In truth, the 2023 national elections were neither free nor fair, despite having many election observers at the field level. Today, in interfacing with the new Government, the world community should invite it to seize the opportunity to turn the tide and rectify the discrepancies of the recent past. At a time when the path of the country’s development was being reshaped by a new generation, it was pivotal to integrate the call for human rights and democracy substantively into the trajectory towards the future.
Cambodia was embarking on its Pentagonal Strategy and he called on the authorities to integrate into this Strategy, the implementation of the Pentagonal Commitment to Human Rights, including to ensure access to justice for all, such as to release expeditiously the range of persons detained for political reasons and detained human rights defenders; open up the space for political pluralisation and inclusivity; and cooperate with the United Nations system, including the mandate, to enable genuine implementation of the Paris Peace Accords, human rights treaties, other international obligations, and related national laws, policies and practices, enhancing the incontrovertible nexus between peace, human rights, democracy and sustainable development.
Statement by Country Concerned
Cambodia, speaking as a country concerned, said Cambodia appreciated the affinity of the Special Rapporteur and his recognition, through a very narrow scope, of Cambodia’s gains. However, it was regretful that the report did not set the record straight on many fronts due to the incomplete and unbalanced integration of factual and legal accounts provided by various bodies of the State. The benchmarks did not reflect unfolding efforts and progress made in areas, including the opposition, legal and judicial reforms, and the crackdown on human trafficking. Cambodia attached great importance to the liberal, democratic path, and multi-party elections were regularly held in the country. In the run-up to the communal and parliamentary elections in 2022 and 2023, civic and political space had been broadened.
Concerning convicts who had instigated a national insurgency, over 100 of them had had their political activity ban relinquished and had joined different political parties to compete in the recent elections. The recent general elections recorded a voter turnout of almost 85 per cent and the electoral processes were closely monitored. Civic and political space were indisputably free and open in the country, and the Government remained committed to holding dialogue with non-governmental organizations. Judicial independence was guaranteed by Cambodia’s constitution. As a country which had ratified almost all core international human rights instruments, Cambodia remained steadfast in promoting and protecting human rights.
Discussion
Some speakers said Cambodia had made remarkable progress over the past two decades, culminating in its attainment of lower-middle income status in 2015, which had helped to improve the lives of countless families and children. While acknowledging the challenges it was facing, a speaker recognised Cambodia’s initiatives, efforts and remarkable advancement in promoting various aspects of human rights, including through delivering diverse social assistance schemes for impoverished households and vulnerable groups; enabling people with disabilities to access a high standard of social welfare services; and further noting the vibrancy and the large number of media outlets, civil society organizations and trade unions in Cambodia. Cambodia had also undertaken significant efforts to combat climate change, which should be commended.
A speaker commended Cambodia for positive and constructive engagements with human rights mechanisms, and reiterated that the working methods of the Special Rapporteur should be balanced and constructive, taking into account the perspective of the Government and national circumstances. The use of reliable, verifiable sources and factual information was critical. The mandate of the Special Rapporteur was to identify gaps and provide advice on the needed technical assistance and capacity building.
Some speakers remained concerned by the human rights situation in Cambodia, including reports of continuous intimidations, attacks, and unjustified arrests and prosecutions of human rights defenders, journalists and media personnel, political dissidents, trade unionists and others seen as opponents to the authorities, condemning the human rights violations and severe restrictions of the civic and political space perpetrated in the context of the July 2023 general elections. Some speakers said the shrinking democratic space had a clear negative impact on the right of Cambodians to participate fully and equally in all aspects of the electoral process and public affairs. The 2023 elections were neither free nor fair, and had denied citizens of Cambodia the chance to participate in decisions about their country.
The Government of Cambodia should respect, protect and fulfil all human rights and fundamental freedoms without discrimination. All human rights defenders should be released and all political parties should be able to participate freely within the country. The Government should do more to establish a national commission for human rights in accordance with the Paris Principles. Some speakers also encouraged the Government to cooperate more with the United Nations and the Office of the High Commissioner. One speaker said the Cambodian authorities bore the responsibility for ensuring human rights in the country and the international community should focus on technical and capacity building. The role of the Council in delivering, through constructive dialogue and cooperation, concrete and meaningful human rights impact on the ground was underscored.
Speakers asked the Special Rapporteur how to encourage Cambodia to advance the implementation of the 20 benchmarks identified in his previous report; could international partners of Cambodia do more to assist free civic space and an independent judiciary; and what specific action could the international community take to address the deteriorating human rights situation in Cambodia?
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HRC23.145E