Deputy High Commissioner for Human Rights Expresses Deep Concern at the Widespread Deterioration of the Human Rights Situation in Haiti

10 October 2023

Human Rights Council Hears the Presentation of Reports on Cambodia, Georgia and Yemen, and Starts General Debate on Technical Assistance and Capacity Building

 

The Human Rights Council this afternoon held an interactive dialogue on the interim report of the High Commissioner on the situation of human rights in Haiti.  It also heard the presentation of reports by the Secretary-General and the High Commissioner on Cambodia, Georgia and Yemen, and started a general debate on technical assistance and capacity building.

Nada Al-Nashif, United Nations Deputy High Commissioner for Human Rights, said she was deeply concerned by the continued and widespread deterioration of the human rights situation in Haiti and its impact on the region.  The magnitude of armed violence, which had exacerbated since President Moïse’s assassination in July 2021, now affected all communes in the metropolitan area of ‎Port-au-Prince, including those considered safe until recently, spilling over into neighbouring regions.  Gangs were threatening the authority of the State at an unprecedented scale, having access to sophisticated high-calibre firearms and ammunition trafficked into Haiti, with brutal attacks committed against the population, including killings, mutilations and kidnappings. 

Ms. Al-Nashif said between 1 January and 30 September 2023, the Office had recorded 5,599 cases of gang related violence, including 3,156 killings, 1,159 injuries, and 1,284 kidnappings, a sharp increase compared to the same period last year.  Individuals accused of petty crime or suspected of association with gangs continued to be lynched to death, or burned alive by members of the population or so-called “self-defence brigades”.  This year, the Office in Haiti had recorded at least 420 cases of lynching, with most cases recorded in the capital.  Widespread corruption, combined with poor oversight, had penetrated most of the State’s entities, including those in charge of law enforcement.  Another issue of concern was the sharply deteriorating humanitarian situation on the ground, with widespread insecurity impeding access to basic services, including education and health. 

The recent adoption of resolution 2699 authorising Member States to deploy a Multinational Security Support Mission to Haiti to help re-establish security in the country offered a glimpse of hope in the grim landscape, said Ms. Al-Nashif. 

William O’Neill, designated expert on human rights in Haiti, said his first official visit as the designated expert on human rights in Haiti was in late June, and during that visit, he observed Haiti to be in the worst shape he had ever seen.  The situation was dire but not hopeless.  The gangs, which controlled most of the capital, had a devastating impact on the countryside as well, obstructing roads and preventing vital shipments of food, medication and other supplies from reaching rural areas.  Consequently, the entire country was suffering. 

Haiti, speaking as a country concerned, said armed gangs were showing increasing barbarity by burning bodies publicly, then sharing the horrific images on social media.  The gangs were further consolidating their control over most of the capital and surrounding areas.  The Haitian justice system was facing a problem of human resources and logistics, and was unable to process all the cases within the deadlines set by the procedural rules.  The Anti-Corruption Unit had carried out a series of anti-corruption prevention measures.  According to the World Bank, 90 per cent of Haitians lived below the poverty line, a third of them lived in extreme poverty on
2.15 USD a day, while the number of people in need of humanitarian assistance in
the country had increased from 2.6 million in 2019 to 4.9 million in 2022.

In the discussion, a number of speakers were deeply troubled by the deteriorating humanitarian and security situation in Haiti.  The increasing violence, illicit arms flows, and human rights abuses undermined the stability and security of Haiti and the region.  The widespread use of sexual and gender-based violence was of particular concern.  The ongoing spiralling of violence and attacks against the population were of immense concern: the criminal groups terrorised the population and impeded the enjoyment of their rights, in particular women and girls, who were targets of sexual violence.  Weak accountability combined with large-scale corruption had resulted in State institutions that were not able to protect human rights.  Efficient judicial institutions were needed to strengthen the fight against impunity; the Government must continue to address these aspects of governance. 

Speaking in the discussion on Haiti were Norway on behalf of a group of countries, European Union, Bahamas on behalf of a group of countries, Ecuador, Costa Rica, Malta, Colombia, Switzerland, United States, Chile, France, Canada, Belgium, China, Russian Federation, Argentina, Peru, United Kingdom, Venezuela, Spain, Kenya, Jamaica, Trinidad and Tobago, Cuba, Luxembourg, Dominican Republic, Mexico, New Zealand Brazil.

Also speaking were the Office for the Protection of Citizens, Every Casualty Worldwide, International Human Rights Internship Programme, Rencontre Africaine pour la defense des droits de l'homme, and Human Rights Watch.

The Council then heard the presentation of reports by the Secretary-General and the High Commissioner on Cambodia, Georgia and Yemen.

Christian Salazar Volkmann, Director of the Field Operations and Technical Cooperation Division of the Office of the High Commissioner for Human Rights, presented the report of the Secretary-General on Cambodia, and the reports of the High Commissioner on Yemen and Georgia.

He said that since the submission of the last report on Cambodia to the fifty-first session of the Council, the Office of the High Commissioner had continued to assist the Government to implement its obligations under international human rights law, and supported the United Nations country team in Cambodia in mainstreaming human rights in national programming frameworks.  The High Commissioner expressed concerns that the Cambodian general elections were conducted in a severely restricted space and was also concerned about the continued restrictions on civic space.

Mr. Volkmann welcomed Georgia’s submission of its overdue periodic report on the implementation of the International Covenant on Economic, Social and Cultural Rights and encouraged the State to submit its pending report on the implementation of the Convention against Torture.  Georgia needed to guarantee the right to freedom of peaceful assembly in the country.  The Office’s lack of access to Abkhazia and South Ossetia despite repeated calls by the Council since 2017 was concerning; the Office should be granted unimpeded access to these areas.

On Yemen, Mr. Volkmann said all parties to the conflict were called on to cooperate fully with the National Commission of Inquiry so that it could fulfil its mandate.  Technical support
was provided through several activities, including the development of an integrated monitoring and tracking system of case files submitted to the Attorney General’s Office.  Mr. Volkmann highlighted the importance of a transitional justice process in Yemen in building a peaceful State, democratic institutions, and achieving the rule of law.  The Office remained committed to providing technical assistance and advice to the National Commission of Inquiry.

Cambodia, speaking as a country concerned, said that despite the Government’s genuine dialogue and cooperation, the report contained unverified facts and neglected information submitted by Cambodia.  Cambodia’s key achievements included that regular elections were held: the power in Cambodia was constitutionally and democratically elected overwhelmingly by the population.  The Office of the High Commissioner for Human Rights said it had documented intimidation of human rights defenders - this was a one-sided interpretation.  The Office of the High Commissioner for Human Rights had failed to deliver an objective and impartial report. 

Georgia, speaking as a country concerned, said so far, several United Nations resolutions had been adopted by the Council addressing the dire situation in Russian-occupied areas of Georgia.  The report presented today once again clearly depicted the consequences of the Russian occupation, with massive human rights violations on the ground.  As noted in the report, the restrictions to freedom of movement and others had a dire impact on socio-economic conditions.  Only with a strong stance could the Russian Federation be made to live up to its international commitments and cease human rights violations in the occupied territories.

Yemen, speaking as a country concerned, valued the efforts made in preparing the
report, which highlighted the active role of the National Commission of Inquiry in
monitoring, documenting and verifying allegations of human rights.  Since its inception, the Presidential Leadership Council had adopted measures that contributed to the restoration of peace and stability in Yemen.  The Yemeni Government remained committed to the humanitarian truce and to the implementation of all its provisions.  However, the Houthi militias refused to implement the provisions of the truce, the most important of which was the opening of crossings and roads between all Yemeni cities.

In the general debate on agenda item 10 on technical assistance and capacity building, some speakers said it was vital for the High Commissioner for Human Rights to provide technical assistance throughout the world, and in Africa in general.  This, at the request of the States concerned, brought hope for achieving the rule of law, and strengthening democracy.  Technical assistance supported countries in overcoming national, regional and global challenges, and also strengthened links with the United Nations system and civil society, improving the situation for everyone.  Some speakers said there was a need for efficient and impartial usage of the Council’s technical assistance mandate, which should especially be focused on the promotion and protection of economic, social and cultural rights, including the realisation of the right to development, particularly in the context of recovery from multifaceted crises. 

Speaking in the general debate were Côte d'Ivoire on behalf of the African Group, Pakistan on behalf of the Organization of Islamic Cooperation, Spain on behalf of the European Union, Timor-Leste on behalf of a group of countries, Venezuela on behalf of a group of countries, Oman on behalf of a group of countries, Azerbaijan on behalf of the Non-Aligned Movement, Libya on behalf of the Arab Group, Burkina Faso on behalf of a group of countries, Thailand on behalf of a group of countries, Belarus on behalf of a group of countries, Finland, Ukraine, France, United States, Georgia, Costa Rica, United Arab Emirates, Malaysia, Luxembourg, China and Lithuania.

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 Wednesday, 11 October, when it will continue its general debate on technical assistance and capacity building.  It will then start to take action on draft resolutions.

Interactive Dialogue on the Interim Report of the High Commissioner on the Situation of Human Rights in Haiti

Report

The Council has before it the interim report of the High Commissioner for Human Rights on Haiti (A/HRC/54/79).

Presentations

NADA AL-NASHIF, United Nations Deputy High Commissioner for Human Rights, said she was deeply concerned by the continued and widespread deterioration of the human rights situation in Haiti and its impact on the region.  The magnitude of armed violence, which had exacerbated since President Moïse’s assassination in July 2021, now affected all communes in the metropolitan area of ‎Port-au-Prince, including those considered safe until recently, spilling over into neighbouring regions.  Gangs were threatening the authority of the State at an unprecedented scale, having access to sophisticated high-calibre firearms and ammunition trafficked into Haiti, with brutal attacks committed against the population, including killings, mutilations and kidnappings. 

Between 1 January and 30 September 2023, the Office had recorded 5,599 cases of gang related violence, including 3,156 killings, 1,159 injuries, and 1,284 kidnappings, a sharp increase compared to the same period last year.  Individuals accused of petty crime or suspected of association with gangs continued to be lynched to death, or burned alive by members of the population or so-called “self-defence brigades”.  This year, the Office in Haiti had recorded at least 420 cases of lynching, with most cases recorded in the capital.

This past July marked the two-year commemoration of the killing of President Moïse.  Investigations into his assassination had made limited progress so far, illustrating the general inertia of competent authorities in achieving genuine accountability.  A significant number of national police personnel were reportedly associated with gangs, notably in the capital.  Widespread corruption, combined with poor oversight, had penetrated most of the State’s entities, including those in charge of law enforcement. 

Another issue of concern was the sharply deteriorating humanitarian situation on the ground, with widespread insecurity impeding access to basic services, including education and health.  Staggering levels of violence had forced people to flee their homes, with almost 200,000 registered internally displaced people, a tenfold increase in two years.  The recent closure of the border by the Dominican Republic had already had a deleterious impact on heath care centres in Haiti.  Ms. Al-Nashif welcomed humanitarian exemptions granted for United Nations agencies following the closure of the border and requested the Dominican Republic to reconsider its decision. 

The recent adoption of resolution 2699 authorising Member States to deploy a Multinational Security Support Mission to Haiti to help re-establish security in the country offered a glimpse of hope in the grim landscape.  It needed to be ensured that all safeguards were in place for a successful mission.  The Office stood ready to work with the Mission in developing a human rights compliance mechanism.  The deployment of the Mission needed to be accompanied by measures supporting the re-establishment of State institutions, as well as a profound reform of the judiciary and penitentiary system. 

Ms. Al-Nashif said the Haitian Government, with the cooperation of the international community, needed to urgently invest in socio-economic development to enable the people of Haiti to have access to better living conditions and ensure lasting stability and prosperity in the country.  The organisation of elections would be crucial to restore faith in State institutions.  The international community had finally mobilised to respond to the urgency that the crisis demanded.  Creating a dynamic for change was imperative.  Ms. Al-Nashif urged the Government to make every effort to address the challenges it faced with determination, as guaranteed by the international instruments ratified by the State of Haiti.

WILLIAM O’NEILL, designated expert on human rights in Haiti, said his first official visit as the designated expert on human rights in Haiti was in late June, and during that visit, he observed Haiti to be in the worst shape he had ever seen.  The situation was dire but not hopeless.  The gangs, which controlled most of the capital, had a devastating impact on the countryside as well, obstructing roads and preventing vital shipments of food, medication and other supplies from reaching rural areas.  Consequently, the entire country was suffering.  Beneath the visible issues of gang violence, the underlying cause must be considered: why was there violence, and why did these gangs exist?  That was what he hoped to address in the report and through his work in the near future.

Preliminary conclusions indicated that there were two principal reasons: one was rampant corruption pervasive throughout State institutions and the private sector in Haiti; and two was impunity – a failure to hold people accountable for their crimes and for neglecting to perform their duties as officials and State representatives.  The current incentive structure was all wrong; people got away with illicit activities and rarely got punished, while those who strove to act ethically and uphold their duties were not rewarded and in fact were often even penalised; this had to change.  Mr. O’Neill had met officials who were striving to do the right thing in the right way, risking their lives and their future: the international community must collaborate with them to change this dynamic in Haiti, so that the rule of law prevailed, addressing the root causes of the gang problem, and preventing the recurrence of this dire situation.

Statement by Country Concerned

Haiti, speaking as a country concerned, said the Government welcomed the independent expert's interim report and the United Nations Security Council resolution 2699 of 2 October 2023.  Armed gangs were showing increasing barbarity by burning bodies publicly, then sharing the horrific images on social media.  Between 1 January and 15 August 2023, at least 2,439 people were killed, 902 injured and 951 abducted, according to a United Nations report.  The gangs were further consolidating their control over most of the capital and surrounding areas.  Police officers were murdered every day, police stations were attacked, and women and girls were repeatedly raped during captivity.  Despite the meagre resources of the National Police, some gang members had been apprehended.  The Haitian justice system was facing a problem of human resources and logistics, and was unable to process all the cases within the deadlines set by the procedural rules.

The Anti-Corruption Unit had carried out a series of anti-corruption prevention measures, including a workshop to present a draft law on the protection of whistle blowers in criminal matters; training for judicial actors on the prevention, detection and punishment of corruption; the creation of an Anti-Corruption Documentation Centre; and the official launch of the Anti-Corruption Circuit, a formal coordination mechanism, among other measures.  Over the past three years, the Unit had submitted 31 investigation reports on major corruption cases to prosecute authorities.  According to the World Bank, 90 per cent of Haitians lived below the poverty line, a third of them lived in extreme poverty on 2.15 USD a day, while the number of people in need of humanitarian assistance in the country had increased from 2.6 million in 2019 to 4.9 million in 2022. 

Haiti reaffirmed the sovereign right of the Haitian people to use the shared water resources of the Massacre River in a fair and equitable manner, and renewed its willingness to continue to dialogue with the Dominican Republic. 

Discussion

In the discussion, some speakers were deeply troubled by the deteriorating humanitarian and security situation in Haiti.  Support to help Haiti restore security and the rule of law was much needed and there must be efforts to ensure the Multinational Security Support Mission was urgently deployed.  The increasing violence, illicit arms flows, and human rights abuses undermined the stability and security of Haiti and the region.  The widespread use of sexual and gender-based violence was of particular concern.  The ongoing spiralling of violence and attacks against the population were of immense concern: the criminal groups terrorised the population and impeded the enjoyment of their rights, in particular women and girls, who were targets of sexual violence.

Due to organised crime and gang violence, close to 200,000 people were currently displaced. Some speakers said weak accountability combined with large-scale corruption had resulted in State institutions that were not able to protect human rights.  Efficient judicial institutions were needed to strengthen the fight against impunity; the Government must continue to address these aspects of governance.  Enabling a solution led by Haiti required adequate international support and engagement.  The situation had reached a critical point. 

It was vital to report on violations of human rights and all abuses, some speakers said.  Any comprehensive solution required a Haitian-led political solution.  All political actors must continue to meaningfully engage in restoring Haiti’s democratic institutions and create a safe and secure environment.  The State must redouble efforts to support women and girls through the provision of, among others, psycho-social and economic support.  The State must focus its efforts on good governance, based on human rights, upholding the principles of transparency and accountability.  It must accelerate its efforts to eliminate corruption.

A number of speakers said the humanitarian situation remained dire, with millions of Haitians experiencing food insecurity, and many children suffering from severe acute malnutrition.  Humanitarian actors must be given safe, rapid and unimpeded access to those in need, and armed gangs must make sure that basic humanitarian standards were met.  The current situation was untenable, and required urgent international attention.  The people of Haiti deserved a future where their fundamental human rights were protected and upheld.

Among questions posed during the discussion were: what progress had been made in ensuring that measures to re-establish security focused on accountability, prevention and protection; and how could the Office of the High Commissioner for Human Rights cooperate in the best way with the Multinational Security Support Mission to reduce the violence and open up long-term support for human rights. 

Concluding Remarks

NADA AL-NASHIF, United Nations Deputy High Commissioner for Human Rights, thanked speakers for supporting Haiti which was facing a compounded crisis.  Tackling insecurity was the priority in order to save lives.  This required strong international support to the Haitian police.  The root causes of the crisis - corruption, impunity and socioeconomic conditions - needed to be addressed.  More needed to be done to ensure the Multinational Security Support Mission was in line with human rights standards.  The Office of the High Commissioner would continue to work closely with United Nations partners to develop relevant human rights due-diligence mechanisms.  To meet these expectations, the capacities of the human rights services would require further strengthening, particularly relating to violence against children.

The root causes of the violence needed to be addressed in the medium and long term, which would require a strong focus on the rule of law and the relevant institutions.  There needed to be free and fair elections, the provision of basic services and basic infrastructure, and the creation of jobs and economic opportunities.  There also needed to be the strict implementation of an arms embargo.  Due to gang violence, there were around 200,000 displaced persons from Haiti and currently 31,000 were sleeping in the open air, which increased the risk of sexual and physical assaults by gangs.  The Office was working with the Government to improve coordination, to scale up efforts and address protection needs. 

Ms. Al-Nashif said there was a chronic underfunding of the humanitarian response plan; more resources were needed to ensure a tangible support response.  The High Commissioner had carried out an official visit to Haiti and had stressed the need for increased security measures.  The Anti-Corruption Unit had made significant efforts to address corruption, but there was still a lot of fragility and police stations continued to be targets of gang violence.  The whole area of impunity needed to be tackled. 

WILLIAM O’NEILL, designated expert on human rights in Haiti, said with regard to impunity and institutional lack of accountability, if he had one dollar to spend on institutional reform, he would spend it on increasing the accountability and effectiveness of oversight mechanisms in institutions, and this would apply to any Ministry or Haitian institution, including the courts, police and prisons.  The problem was that these had largely failed recently.  Mentoring had in the past been shown to work very well with the police force.  This could happen again. 

Regarding the judiciary, there was a bureau of legal inspection that was supposed to function, but his interviews revealed that it was barely the case, and it hardly ever inspected to ensure court officials were doing their jobs.  Similarly, there was a lack of prison inspections.  People lost faith in institutions when they saw a lack of oversight.  Eighty-three per cent of persons in Haitian prisons had never been convicted of anything, he noted, and the pressure point on the court system to do its job was missing as the justice system was not processing cases due to the lack of pressure to make progress. 

The Anti-Corruption Unit had done some very good work, but the members feared for their safety, lacked resources, and had no security of tenure.  Work was being carried out to determine what could be done to crack down on the flow of illicit weapons, in particular from Miami, and to prosecute corrupt acts such as illegal weapons imports and human rights violations.  The violence was quite serious in many areas, which in addition to the food shortage, made the situation very grave.

Presentation of Reports of the Secretary-General and the High Commissioner for Human Rights on Georgia, Cambodia and Yemen

Reports

The Council has before it the country report of the Secretary-General on Cambodia (A/HRC/54/72), and the country reports of the High Commissioner for Human Rights on Georgia (A/HRC/54/80), and on Yemen (A/HRC/54/74).

Presentation of Reports

CHRISTIAN SALAZAR VOLKMANN, Director of the Field Operations and Technical Cooperation Division of the Office of the High Commissioner for Human Rights, introduced three reports.  The Secretary-General’s report (A/HRC/54/72) provided an overview of the work of the country office in Cambodia.  Since the submission of the last report to the fifty-first session of the Council, the Office of the High Commissioner had continued to assist the Government to implement its obligations under international human rights law, and supported the United Nations country team in Cambodia in mainstreaming human rights in national programming frameworks. 

The Office welcomed the inclusion of comments on the draft law on the National Human Rights Commission, and hoped the engagement would lay a solid foundation for the establishment of an independent and effective Commission, in line with the Paris Principles.  The High Commissioner expressed concerns that the Cambodian general elections were conducted in a severely restricted space and was also concerned about the continued restrictions on civic space.  The population’s heavy reliance on microfinance loans was also worrying and the Office also expressed concern at reports of trafficking in persons in Cambodia in relation to illegal operations of online scam centres.  The report called on the Cambodian Government to address these issues with assistance from the international community.  The Office of the High Commissioner appreciated the cooperation from the Cambodian Government, and would continue to work to provide technical support.

The report on cooperation with Georgia (A/HRC/54/80) outlined the technical assistance delivered by the Office’s team in Georgia to the Government and institutions of Georgia, and information on key human rights developments between 1 June 2022 and 31 May 2023.  Mr. Volkmann welcomed Georgia’s submission of its overdue periodic report on the implementation of the International Covenant on Economic, Social and Cultural Rights and encouraged the State to submit its pending report on the implementation of the Convention against Torture.  Georgia was encouraged to amend or replace the Code of Administrative Offences to bring it in line with international human rights standards. 

There needed to be investigations conducted into recent events of peaceful protests in March 2023, and of those in July 2021.  Georgia needed to guarantee the right to freedom of peaceful assembly in the country.  The Office’s lack of access to Abkhazia and South Ossetia despite repeated calls by the Council since 2017 was concerning; the Office should be granted unimpeded access to these areas.  Mr. Volkmann called for prompt and thorough investigation of all allegations of the violation of the right to life, or of torture, followed by concrete actions to establish accountability in the context of Abkhazia and South Ossetia.  The Office continued to support efforts made within the framework of the Geneva International Discussions.

The report of the High Commissioner on the implementation of technical assistance provided to the National Commission of Inquiry to investigate allegations of violations and abuses committed by all parties to the conflict in Yemen (A/HRC/54/74) found that during the reporting period, the National Commission of Inquiry had operated in a relatively calmer environment, despite the absence of a formal truce after its expiration on 2 October 2022.  However, the report acknowledged numerous challenges facing the investigative team of the National Commission of Inquiry.  The de facto authorities in Sana’a continued to deny the National Commission of Inquiry formal access to the areas, but the National Commission’s field monitors were active in the areas controlled by the de facto authorities. 

All parties to the conflict were called on to cooperate fully with the National Commission of Inquiry so that it could fulfil its mandate.  Technical support was provided through several activities, including the development of an integrated monitoring and tracking system of case files submitted to the Attorney General’s Office.  Mr. Volkmann highlighted the importance of a transitional justice process in Yemen in building a peaceful State, democratic institutions, and achieving the rule of law.  The Office remained committed to providing technical assistance and advice to the National Commission of Inquiry.

Statements by Countries Concerned

Cambodia, speaking as a country concerned, said that despite the Government’s genuine dialogue and cooperation, the report contained unverified facts and neglected information submitted by Cambodia.  The Office of the High Commissioner for Human Rights should deliver its mandate in light of its duties.  Cambodia’s key achievements included that regular elections were held: the power in Cambodia was constitutionally and democratically elected overwhelmingly by the population.  The general election had shown a turnout of over 84 per cent and had been closely monitored by thousands of independent observers.  The Office of the High Commissioner for Human Rights said it had documented intimidation of human rights defenders - this was a one-sided interpretation. 

The Office of the High Commissioner for Human Rights had failed to deliver an objective and impartial report.  All human rights in all countries should be treated on the same footing.  Cambodia worked to combat trafficking in persons.  Cambodia remained resolute in its cooperation with all stakeholders to protect human rights and fundamental freedoms in the rule of law and in its context of democratic freedom.

Georgia, speaking as a country concerned, said so far, several United Nations resolutions had been adopted by the Council addressing the dire situation in Russian-occupied areas of Georgia.  The report presented today once again clearly depicted the consequences of the Russian occupation, with massive human rights violations on the ground.  Russia was seeking to destabilise further the human rights situation on the ground.  Torture, ill-treatment, ethnic discrimination of Georgians and other infringements were suffered by the populations of the Russian-occupied regions, and internally displaced persons remained deprived of their fundamental right to return to their homes.  As noted in the report, the restrictions to freedom of movement and others had a dire impact on socio-economic conditions. 

It remained alarming that impunity in the cases of deprivation of life of Georgians continued to drive ethnically based violence.  The Russian occupation’s regime continued to arrest the most vulnerable parts of the population, including women, children, and the elderly, sometimes for the sole reason of owning a Georgian passport.  Despite numerous calls by the Council, Russia, the occupying power, continued to stop the Office of the High Commissioner for Human Rights and other human rights mechanisms from inspecting the occupied regions.  Only with a strong stance could the Russian Federation be made to live up to its international commitments and cease human rights violations in the occupied territories.

Yemen, speaking as a country concerned, valued the efforts made in preparing the report which highlighted the active role of the National Commission of Inquiry in monitoring, documenting and verifying allegations of human rights.  The National Commission of Inquiry was an independent national mechanism that exercised its work efficiently and independently, and received all facilities and cooperation to reach the truth to achieve accountability, justice and reparation for victims.  The positive assessment in the report was strong evidence for the continuation of the National Commission.  Since its inception, the Presidential Leadership Council had adopted measures that had contributed to the restoration of peace and stability in Yemen.  Steps had been taken to reconstitute the Supreme Judicial Council, appoint a new Attorney General, appoint judges to the Supreme Court, including eight female judges, and extend the work of the National Commission of Inquiry for the next two years. 

The Yemeni Government remained committed to the humanitarian truce and to the implementation of all its provisions.  However, the Houthi militias refused to implement the provisions of the truce, the most important of which was the opening of crossings and roads between all Yemeni cities, in particular the lifting of the siege on the city of Taiz.  Yemen called on the international community and the Human Rights Council to pressure the Houthi militias to stop their violations.  Yemeni citizens had been abducted en masse a few days ago, while celebrating the 26 September revolution, with around 1,400 people detained.  This act did not suggest the commitment of these militias to engage in good faith with the United Nations envoy and regional efforts.    

General Debate on Technical Assistance and Capacity Building

Some speakers said it was vital for the High Commissioner for Human Rights to provide technical assistance throughout the world, and in Africa in general.  This, at the request of the States concerned, brought hope for achieving the rule of law, and strengthening democracy.  Technical assistance supported countries in overcoming national, regional and global challenges, and also strengthened links with the United Nations system and civil society, improving the situation for everyone.  One speaker said the Trust Funds made an effective contribution to least developed countries and small island developing States, helping to support the principles of inclusivity. 

The protection and fulfilment of human rights required constant building and strengthening of national structures in every State.  The Office of the High Commissioner for Human Rights, with its expertise, made a critical contribution to States that sought assistance from the United Nations family.  This mandate offered a vital toolkit to promote genuine dialogue and constructive engagement among States, the Office of the High Commissioner for Human Rights, and the Council’s mechanisms, a speaker said, and it should only be extended to States upon their request and with their consent, as enshrined in United Nations General Assembly resolution 60/251. 

Some speakers said technical assistance was most efficacious and beneficial in cases where it was offered in consultation with the States in the form of assistance to advance their national human rights and development priorities.  A more worrying aspect was the use of technical assistance as a tool for interference into domestic affairs of sovereign States.  Technical cooperation should not be used to name-and-shame countries, a speaker insisted, saying that this item had become unmanageable.

Climate change and the COVID pandemic had eroded decades of development gains, some speakers said.  The greatest impact of this multifaceted crisis had been on developing and least developed States.  To build back better and stronger, a fundamental shift in the approach and orientation was required.  It was clear from the human rights consequences of the COVID pandemic that all human rights must be promoted on an equal footing.  A speaker hoped these hard-learnt lessons would lead to re-orienting the focus of the Council’s technical cooperation mandate towards addressing structural inequalities.

One speaker said there was a need for efficient and impartial usage of the Council’s technical assistance mandate, which should especially be focused on the promotion and protection of economic, social and cultural rights, including the realisation of the right to development, particularly in the context of recovery from multifaceted crises. 

Technical assistance and capacity building in the field of human rights were among the crucial mandates of the Human Rights Council.  Besides being implemented with a focus on the areas that needed improvement, it should also be demand-driven and based on consultations with and the consent of States concerned, a speaker said, calling on the Office of the High Commissioner for Human Rights to respond favourably to requests from States in need of technical assistance to strengthen their capacity and to comply with their human rights obligations, make progress towards achieving the Sustainable Development Goals, and implement recommendations made by international human rights mechanisms.  At the same time, all States and stakeholders should further increase their voluntary contributions to the Voluntary Funds dedicated to technical cooperation.

Some speakers expressed concern for the lack of adequate, predictable and sustainable funding of the United Nations’ human rights bodies and mechanisms, including the Office of the High Commissioner for Human Rights.  The Voluntary Funds supported small island developing States in strengthening their human rights frameworks at the national level and were of critical importance.  There should be sustained and enhanced support provided through these Voluntary Funds: this assistance was vital to bolster small island developing States’ efforts in promoting and safeguarding human rights of all, and ensuring that no one was left behind.

The United Nations remained, a speaker said, a central and indispensable forum for addressing and advancing issues relating to international cooperation for economic development and social progress, on the basis of dialogue, cooperation and consensus-building approaches amongst States, and therefore all should remain fully committed to both its revitalisation and the strengthening of its role, particularly at the current international juncture, in which the world needed much more solidarity and cooperation, as well as the diplomatic tools provided within its very own founding Charter. 

 

Link: https://www.ungeneva.org/en/news-media/meeting-summary/2023/10/le-conseil-se-penche-sur-la-situation-des-droits-de-lhomme-en

 

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