Council holds general debate on technical assistance and capacity building

Human Rights Council
MIDDAY 16 June 2011

The Human Rights Council in a midday meeting today considered the report of the High Commissioner for Human Rights on technical assistance and cooperation on human rights for Kyrgyzstan, and held a general debate on agenda item 10, technical assistance and capacity building.

Presenting the report of the High Commissioner, Kyung-Wha Kang, United Nations Deputy High Commissioner for Human Rights, commended the Government of Kyrgyzstan for the commitment demonstrated during the past year to strengthen the national human rights protection system. Since April 2010, Kyrgyzstan had seen unprecedented violence and political turmoil and the Office of the High Commissioner for Human Rights had deployed a mission to Osh. In the aftermath of the June 2010 violence, there were numerous reports of discriminatory practices by law enforcement bodies toward ethnic minorities. Law enforcement, prosecutorial and judicial activities, as well as the use and practice of torture raised concerns about human rights violations. The team from the Office of the High Commissioner worked closely with prosecutors and human rights defenders to help identify effective preventive measures and support the respect for judicial guarantees in the conduct of police investigations.

Ms. Kang went on to say that serious deficiencies in the administration of justice posed a major impediment to confidence in the rule of law throughout Kyrgyzstan and in ensuring accountability for perpetrators of crimes committed during the June 2010 violence; trials monitored by the Office of the High Commissioner illustrated these grave concerns. The lack of public confidence in the rule of law, the continued culture of official impunity and the lack of mechanisms for redress would only intensify resentment and inter-communal tensions to the detriment of reconciliation efforts, long-term stability and peace. Reports of continued discriminatory practices towards Kyrgyzstan’s various national and ethnic minorities were deeply troublesome.

Kyrgyzstan, speaking as a concerned country, noted that the protection of human rights remained a priority for the country. So far, Kyrgyzstan had ratified a number of international instruments in the field of human rights, which was evidence of its commitment to the promotion and protection of human rights. The Constitution had created effective mechanisms for the protection of human rights and for political pluralism. Kyrgyzstan recognised the importance of the supremacy of the law and was putting great efforts into judicial and legal reforms in the country. After the adoption of the Constitution in 2010, there was a historic opportunity to reform the judiciary in line with internationally recognised standards. Kyrgyzstan was drafting a concept for consultation with civil society which was laying the foundation for a pluralist and multilingual society, in which a large number of institutions were participating.

Regarding the report of the High Commissioner on technical assistance and cooperation on human rights for Kyrgyzstan, speakers praised the recent efforts of the Kyrgyz authorities to implement its human rights obligations, including on the administration of justice as well as the work of the General Prosecutor’s office concerning torture allegations. Speakers also congratulated Kyrgyzstan for its constructive approach to overcoming the legacy of the June events and welcomed Kyrgyzstan’s willingness to work closely with the international community in pursuit of reconciliation and stability. Delegations said they were committed to supporting Kyrgyzstan on its path to democracy and urged Member States to support the resolution introduced in partnership with the Government of Kyrgyzstan under this agenda item. The Government of Kyrgyzstan was encouraged to fully implement the recommendations of the Independent International Commission of Enquiry and continue its close cooperation with the Office of the High Commissioner for Human Rights.

Concerning agenda item 10, technical assistance and capacity building, delegations recognised that technical assistance had an invaluable role to play in assisting States to realise their obligations and urged all Member States who had agreed to visits from the Office of the High Commissioner for Human Rights and Special Procedures to facilitate those as soon as possible in order to benefit from the support they could provide. Speakers stressed the importance of technical assistance and capacity building which improved the impact of the work of the Human Rights Council on the ground. They welcomed the worldwide engagement and the visits of the High Commissioner, including to areas that were not covered either by regional offices of the Office of the High Commissioner or by specific mechanisms of the Council. Technical assistance was a key factor in assisting countries in transition and in addressing human rights abuses around the world.

The following countries spoke during the general debate: Hungary on behalf of the European Union, the United States, the United Kingdom, China, Brazil and Belarus.

The following non-governmental organizations also took the floor: Human Rights Watch, UN Watch and the Centre Indépendant de Recherches et d’Initiatives pour le Dialogue.

The Council today is holding a full day of meetings from 9 a.m. to 6 p.m. The Council will meet at 3 p.m. for its final meeting of the day in which it will address organizational and procedural matters with the consideration of draft resolutions.

Documents

The Report of the High Commissioner on technical assistance and cooperation on human rights for Kyrgyzstan, (A/HRC/17/41) identifies the main areas of assistance that will aid Kyrgyzstan in fulfilling its human rights obligations. In the report, the United Nations High Commissioner for Human Rights describes activities undertaken by her Office on technical cooperation through the Regional Office for Central Asia and its mission to Osh. The present report covers the period from June 2010 to February 2011, focuses on developments in legislative and electoral processes, and in particular in the human rights sphere, and outlines a set of conclusions and recommendations for the Government of Kyrgyzstan aimed at improving the human rights situation in the country through the implementation of the provisions of international human rights norms.

Statements

KYUNG-WANG KANG, United Nations Deputy High Commissioner for Human Rights, introduced the report of the High Commissioner for Human Rights on technical assistance and cooperation on human rights for Kyrgyzstan. The report outlined the activities undertaken by the Office of the High Commissioner for Human Rights Regional Office for Central Asia through advice, guidance and support to the government and the work of its mission team in the aftermath of the June 2010 inter-ethnic violence. Ms. Kang commended the Government of Kyrgyzstan for the commitment demonstrated during the past year to strengthen the national human rights protection system. Since April 2010, Kyrgyzstan had seen unprecedented violence and political turmoil and the Office of the High Commissioner had deployed a mission to Osh. In the aftermath of the June 2010 violence, there were numerous reports of discriminatory practices by law enforcement bodies toward ethnic minorities. Law enforcement, prosecutorial and judicial activities, as well as the use and practice of torture raised concerns about human rights violations. The team from the Office of the High Commissioner worked closely with prosecutors and human rights defenders to help identify effective preventive measures and support the respect for judicial guarantees in the conduct of police investigations.

Serious deficiencies in the administration of justice posed a major impediment to confidence in the rule of law throughout Kyrgyzstan and in ensuring accountability for perpetrators of crimes committed during the June 2010 violence. Trials monitored by the Office of the High Commissioner of Human Rights illustrated these grave concerns. The lack of public confidence in the rule of law, the continued culture of official impunity and lack of mechanisms for redress would only intensify resentment and inter-communal tensions to the detriment of reconciliation efforts, long-term stability and peace. Reports of continued discriminatory practices towards Kyrgyzstan’s various national and ethnic minorities were deeply troublesome. Discrimination on any grounds remained a major obstacle to the realization of human rights, the empowerment of the vulnerable and to a peaceful future. Ms. Kang called on the government to take immediate steps to address deficiencies in these areas. Other activities of the Office of High Commissioner of Human Rights in the country included consultations and provision of expert opinion for reform and support for enabling the government to further engage with United Nations human rights mechanisms. The High Commissioner had formulated a set of recommendations for all these areas and others outlined in the report. The government’s comments on the report and subsequent action indicated its intention to implement the Commissioner’s recommendations. Ms. Kang thanked the government for its close cooperation.

TURATBEK DJUNUSHALIEV, Deputy Minister of Foreign Affairs of Kyrgyzstan, speaking as a concerned country, said that the protection of human rights remained a priority for the country. So far, Kyrgyzstan had ratified a number of international instruments in the field of human rights, which was evidence of its commitment to the promotion and protection of human rights. The Constitution had created effective mechanisms for the protection of human rights and for political pluralism. Kyrgyzstan was grateful for the report of the High Commissioner for Human Rights on the progress made in this country, which included the development of the concept of legal reform, holding of the referendum on the Constitution and adoption of other legal acts, with the broadest possible participation of civil society. The Office of the High Commissioner for Human Rights had provided valuable technical assistance to Kyrgyzstan in overcoming consequences of the tragedy of June 2010. There was a need to teach citizens to respect international human rights law and domestic law and those requirements needed to be taught to the state structures as well. The Government of Kyrgyzstan was grateful to the Office of the High Commissioner for providing a very detailed and balanced assessment of human rights violations in the country last year and of measures undertaken to address them.

Kyrgyzstan was now working on creating a national mechanism for openness and transparency in places of detention. Kyrgyzstan recognised the importance of the supremacy of the law and was putting great efforts into judicial and legal reforms in the country. After the adoption of the Constitution in 2010, there was a historic opportunity to reform the judiciary in line with internationally recognised standards. Last year a conflict had been provoked between different ethnic groups which had been characterised by a high level of violence. The Government had agreed to an independent international investigation into this conflict and had also agreed with many of their recommendations and conclusions. The June 2010 events could not be described as genocide and Kyrgyzstan recognised it needed to prosecute the guilty parties. Kyrgyzstan was drafting a concept for consultation with civil society which was laying the foundation for a pluralist and multilingual society, in which a large number of institutions were participating. Kyrgyzstan would continue to follow the course of the promotion and protection of human rights of its citizens and implementing the strategy of stable socio-economic development, in which human rights and fundamental freedoms played the vital role.

ANDRAS DEKANY (Hungary) on behalf of the European Union, said it stressed the importance of technical assistance and capacity building through the Human Rights Council which would improve the impact of the work of this Council on the ground. The European Union welcomed the worldwide engagement and the visits ‘on the spot’ of the High Commissioner for Human Rights, including in areas that were not covered either by the Office of the High Commissioner for Human Rights offices or by specific mechanisms of the Council. The European Union welcomed the engagement of the Office of the High Commissioner for Human Rights with Tunisia in view of establishing a presence there and said that technical assistance was a key factor in assisting countries in transition. The European Union praised the recent efforts of the Kyrgyz authorities to implement its human rights obligations, including on the administration of justice as well as the work of the General Prosecutor’s office concerning torture allegations. The European Union was disappointed at the Government of Nepal’s decision to extend the mandate of the Office of the High Commission for only a six month period and urged it to reconsider and to extend the mandate for a minimum of 12 months. The European Union appreciated the role of the Special Procedures in strengthening respect for human rights and welcomed the work of the Independent Expert on Haiti and the continued work undertaken by Cambodia in co-operation with the local presence of the Office of the High Commissioner.

EILEEN CHAMBERLAIN (United States of America) said it viewed item 10, technical assistance and capacity building, as an important tool for addressing human rights abuses around the world. Under Item 10, a number of countries demonstrated their commitment to promoting and protecting human rights by working with the Council on technical assistance resolutions. Through its field offices, human rights advisors, and human rights components of peace missions, the Office of the High Commissioner of Human Rights was uniquely placed to provide critical technical assistance. The United States was also pleased by the Ivoirian initiative at the Council to create an Independent Expert on Cote d’Ivoire and encouraged Member States to support this resolution. The United States welcomed the High Commissioner’s report on technical assistance and cooperation on human rights for Kyrgyzstan and called upon the Kyrgyzstan government to ensure that the rights of all citizens were respected. The United States congratulated Kyrgyzstan for its constructive approach to overcoming the legacy of the June events and welcomed Kyrgyzstan’s willingness to work closely with the international community in pursuit of reconciliation and stability. The United States was committed to supporting Kyrgyzstan on its path to democracy and urged Member States to support the resolution introduced in partnership with the Government of Kyrgyzstan under this agenda item. The United States also encouraged Member States to support the resolution on Somalia and welcomed the effort of this country to work with the international community to improve human rights of its people.

PETER GOODERHAM (United Kingdom) said the United Kingdom recognised that technical assistance had an invaluable role to play in assisting States to realise their obligations and urged all Member States who had agreed to visits from the Office of the High Commissioner for Human Rights and Special Procedures to facilitate those as soon as possible in order to benefit from the support they could provide. The United Kingdom encouraged the Government of Kyrgyzstan to fully implement the recommendations of the Independent International Commission of Enquiry and continue its close cooperation with the Office of the High Commissioner for Human Rights. Events in the Middle East and North Africa rightly continued to be high on the agenda of the Human Rights Council, and the United Kingdom said that the success should be fully recognised. In that vein, the United Kingdom welcomed the progress made by Tunisia and the planned visit of the High Commissioner for Human Rights to Egypt. The United Kingdom said that the need for continued support for Haiti should not be forgotten and added that it hoped the national human rights institution in Burundi would develop quickly into an effective institution in line with the Paris Principles. The United Kingdom strongly supported the extension of the mandate of the Office of the High Commissioner for Human Rights in Cambodia.

YANG ZHILUN (China), said it took note of the reports submitted by the Independent Experts on Haiti and Burundi and hoped that the Office of the High Commissioner for Human Rights would approach economic, social and cultural rights and the right to development with a more balanced approach, as these were the priorities for developing countries. China supported the provision of technical assistance and capacity building for developing countries.

JOAO ERNESTO CHRISTOFOLO (Brazil), in a joint statement, said the concept of cooperation was present in a number of key documents that shaped the UN human rights system. Cooperation had affirmed itself as one of the fundamental tools for the promotion and protection of human rights. Resolution 60/252 and Human Rights Council Resolution 5/1 expressly affirmed the Council should promote technical assistance. Countries in need of technical assistance and capacity building could engage more effectively with the UN human rights system if they were provided with such support, upon their request and based on their priorities. The potential of the mandate under item 10 should be fully developed. The willingness of concerned States to engage with the United Nations human rights system had been observed. This opportunity should be seized by responding positively and providing concrete means to improve the situation on the ground. The first cycle of the Universal Periodic Review had shown a large number of countries requesting technical assistance and capacity-building support. The Human Rights Council, the Office of the High Commissioner of Human Rights and the country concerned should be able to carefully design a mandate under item 10 on the basis of extensive negotiations. The process of developing mandates, technical assistance and capacity building needed to be reformed.

LARISA BELSKAYA (Belarus), said that Belarus had undergone its Universal Periodic Review in May and had accepted most of the recommendations. Belarus had developed a national plan for the effective implementation of the recommendations and in this aspect the provision of technical assistance by the Office of the High Commissioner for Human Rights was essential. Belarus had also developed a number of practical projects to implement the Universal Periodic Review recommendations. That was why Belarus was aware of the importance of technical assistance. Belarus expected that further stimulus to cooperation between Belarus and Office of the High Commissioner for Human Rights would be the upcoming visits by eight Special Procedures.

PHILIPPE DAM, of Human Rights Watch, said that it had found that law enforcement officials had frequently restored to torture and ill-treatment in cases related to violence, about 65 cases in the last year. Human Rights Watch found that many trials occurred in hostile environments and that the Kyrgyz authorities had failed to take adequate measures to address these problems. Human Rights Watch urged the Government of Kyrgyzstan to adopt a zero-tolerance policy with regards to torture, conduct prompt, objective and thorough investigations of all torture allegations and to facilitate a visit by the United Nations Special Rapporteur on torture as soon as possible to benefit from his expertise and recommendations.

MATTIA ZANAZZI, of United Nations Watch, welcomed the report on Kyrgyzstan and the draft resolution sponsored by Canada and others. Last year, United Nations Watch took the floor to condemn the outbreak of violence in Kyrgyzstan. The High Commissioner’s report and the constructive efforts by the government of Kyrgyzstan were the first steps toward improving the country’s human rights protection system. United Nations Watch was concerned by the lack of fair trials for those involved in the June 2010 violence, the ill-treatment and torture of prisoners and the culture of impunity among those who carried out crimes against ethnic Uzbeks. United Nations Watch believed that victims in Kyrgyzstan needed more than aid; they needed justice. United Nations Watch called on all stakeholders to support the draft resolution and urged the Council to continue monitoring the situation in Kyrgyzstan.

DEO HAKIZIMANA, of Centre Indépendant de Recherches et d’Initiatives pour le Dialogue, said the Centre welcomed the two decisions taken by Canada which had encouraged the defence of human rights in Burundi. The first was the expulsion of an alleged killer who had taken refuge in Canada and the second was the refusal to grant entry to an alleged killer of Burundi’s Prime Minister. Other governments should follow the example of Canada and not allow those on blacklists to find refuge in their countries. The Centre had a project in Sierra Leone and Burundi to provide lessons learned in peace-building. It was particularly successful in Burundi, but unfortunately it suffered from a lack of funding. The Centre would submit a document of this project to the delegation of Burundi during this session of the Council.

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