MIDDAY

28 September 2011

The Human Rights Council in a midday meeting today held interactive dialogues with the Independent Expert on the situation of human rights in Somalia and the Special Rapporteur on the situation of human rights in Cambodia.

Shamsul Bari, Independent Expert on the situation of human rights in Somalia, said the effects of the unprecedented drought and the resultant famine in many parts of Somalia, combined with the vicious armed conflict that had ravaged Somalia for the last two decades, had wreaked unimaginable havoc on the lives of its population. The crisis in Somalia was clearly the worst humanitarian crisis in the world today. Mr. Bari said he believed that the famine in Somalia was as much man-made as it was natural. Unless the war in Somalia was brought to an end, such situations were likely to recur. The international community must assist the Transitional Federal Government of Somalia to demonstrate its leadership in dealing with the humanitarian crisis in order to win the minds and hearts of the people of Somalia, which was essential to winning the war.

Somalia, speaking as a concerned country, said that on the political front, the Government was taking several crucial steps such as developing a national reconciliation strategy and had extended its standing invitations to Special Rapporteurs, including those on the right to food, on safe drinking water and sanitation, on the right to education, on violence against women and its causes and consequences and on the adverse effects of movement and dumping of dangerous toxics. A recent survey had indicated that 750,000 people in southern Somalia were at risk of death and Somalia had been rated as the most food-insecure country. Despite the challenges it was facing, the Government had shown its commitment to human rights. Implementation of human rights would not be accomplished overnight and could not be achieved by Somalia alone.

In the interactive dialogue on Somalia, speakers asked what measures could the international community take concerning the protection of human rights in areas not under the control of the Transitional National Government and concerning the protection of human rights defenders and journalists in Somalia. The situation in Somalia called for more concerted action on the ground and the drought which had ravaged the continent of Africa for the last six months had not achieved due attention from the international community. It was imperative that the international community donate funds to the Transitional Government of Somalia for nation building and to provide coordination of efforts to support internally displaced persons. The long-standing conflict in Somalia had given rise to piracy, which would be most effectively combated by protecting the incomes of Somali fishermen. Improving human rights in Somalia should not be seen in isolation. This was part of a global and integrated solution which needed to mobilize multilateral expertise in order to strengthen capacities, adequate assistance to respond to emergency needs, and a coordinated presence of United Nations mechanisms on the ground. The signing of the roadmap was a step forward in the building of the State of Somalia.

Speakers included Switzerland, Egypt, Algeria, European Union, France, Thailand, United Kingdom, United States, Sudan, Bolivarian Republic of Venezuela, Ethiopia, Czech Republic, Uganda, Australia, Djibouti, Morocco, Canada, United Arab Emirates, Kuwait, Bangladesh, Senegal speaking on behalf of the African Union, and Turkey.

Also speaking were representatives of the following non-governmental organizations: International Educational Development, Worldwide Organization for Women, Cairo Institute for Human Rights, Human Rights Watch and Amnesty International

Surya Prasad Subedi, Special Rapporteur on the situation of human rights in Cambodia, said that in 20 years since the Paris Peace Agreements the conflict had been resolved, a new democratic constitution had been adopted in 1993, and periodic elections had taken place since then. There had been steady economic growth and political stability in recent years, enabling many people to come out of poverty. The overall human rights situation had improved over the years. Cambodia had made a huge transformation, from a State in which the institutional framework had all but been completely destroyed, to one whose law-making and institution-building processes were functioning. However, much work remained to be done to fulfil Cambodia’s obligations under the international human rights treaties it had ratified.

Cambodia, speaking as a concerned country, said Cambodia attached high importance to the promotion and protection of human rights. The Government had made advancements in legal and judicial reform, and the Cambodian economy had grown up to eight per cent in 2011. There were more than 2,000 non-governmental organizations and other stakeholder associations currently operating in the county which demonstrated the vibrant civil society in Cambodia. Cambodia underscored individual rights as one of the essential elements of democracy and would address the challenges to ensure the judicious application in the practice of freedom of expression. The Government had been addressing the concerns over the land issue and was committed to its long-term agenda that aimed at further addressing and resolving land and housing rights issues.

In the interactive dialogue on Cambodia, speakers welcomed Cambodia’s acceleration of its legislative programme to implement the Special Rapporteur’s recommendations on the judiciary. But they noted that provisions in some laws, including the Penal Code, may be interpreted to curtail basic freedoms. Aspects of the draft law required careful attention to ensure they did not hamper freedoms of association and expression. Speakers appreciated the efforts and remarkable success achieved in the protection and promotion of human rights and fundamental freedoms, including the improvements in living conditions, poverty reduction, achieving numerous Millennium Development Goals, applying the rule of law and good governance, and the fight against corruption. Some speakers expressed reservations on the provision extending the mandate of the Special Rapporteur for two years as this was not in accord with the Institution Building text. Other speakers were in favour of extending the mandate of the Special Rapporteur.

Speakers included Australia, Japan, European Union, Viet Nam, Romania, Singapore, Philippines, Ireland, United States, Czech Republic, Thailand, Algeria, United Kingdom, Malaysia, France, Indonesia, Norway, Switzerland, China, Sweden, Myanmar, Nepal, and Canada.

The following non-governmental organizations took the floor: Forum-Asia, Civicus, Human Rights Watch, International Federation for Human Rights, Rencontre Africaine pour la defense des droits de l’homme, and World Association for the School as an Instrument of Peace.

The Council will resume its work at 4 p.m. this afternoon to hear presentations of the Secretary-General’s report on the assistance of the Office of the High Commissioner for Human Rights to Cambodia, and the report of the High Commissioner on the situation of human rights in Côte d’Ivoire, followed by a general debate on its agenda item on technical assistance and capacity-building.

Documentation

The Report of the Independent Expert, Shamsul Bari, on the situation of human rights in Somalia, (A/HRC/18/48), first states how two decades of human rights deprivations in Somalia have been compounded by another humanitarian crisis. The current devastating drought in the Horn of Africa has been compounded by conflict and the denial of humanitarian assistance, and resulted in the declaration of famine in two regions of south-central Somalia. Already in the course of the Independent Expert’s sixth visit to Somalia, in February 2011, the drought had taken a heavy toll on livestock and food reserves. The full impact of the drought can be seen on the Somali population, a large number of whom have been forced to flee their homes in search of food and support. Deaths caused by malnutrition have been documented among new arrivals in refugee camps in Kenya, Ethiopia and Mogadishu. The United Nations has already warned that, unless urgent measures are taken to increase the response, the famine will spread to the whole of southern Somalia in the next two months. The Independent Expert said that this should not be allowed to happen and become another blot on the conscience of mankind. The report examines how the armed conflicts between Islamist insurgents and the Transitional Federal Government, supported by the troops of the African Union Mission in Somalia (AMISOM) continues to cause death and injury to the civilian population. The main causes of death and injury are indiscriminate shelling and firing in urban areas, and suicide and improvised explosive attacks by the insurgent group Al-Shabaab. The report concluded that the recent offensive has resulted in territorial gain for AMISOM and Transitional Federal Government forces. On 6 August 2011, Al-Shabaab announced its withdrawal from positions it had held in Mogadishu for nearly two years. Although Al-Shabaab has been under military pressure in Mogadishu from the combined operations of AMISOM and Transitional Federal Government forces for some time, its sudden withdrawal came as a surprise. The report concludes with a number of recommendations aimed at four separate areas: the Transitional Federal Government, the Government of Somaliland, the authorities of Puntland and for the United Nations and the international community.

Statement by the Independent Expert on the Situation of Human Rights in Somalia

SHAMSUL BARI, Independent Expert on the Situation of Human Rights in Somalia, said the effects of the unprecedented drought and the resultant famine in many parts of Somalia, combined with the vicious armed conflict that had ravaged Somalia for the last two decades, had wreaked unimaginable havoc on the lives of its population. The crisis in Somalia was clearly the worst humanitarian crisis in the world today. The latest survey by the Food Security and Nutrition Analysis Unit, done by the United Nations, indicated that of the 4 million people currently in crisis nationwide in Somalia, 3 million were in the drought area and of these 750,000 people risked death in the next four months. The Food Security and Nutrition Analysis Unit had warned that without a major scale-up in interventions the situation was likely to deteriorate further. With the onset of the rains in October there was fear that the displaced may be hard hit by water borne disease. Aid agencies were taking steps to provide the displaced with emergency assistance packages, basic household items and plastic sheeting for shelter from the rains, but clearly more needed to be done.

It was impossible to fully comprehend the pain and suffering of the ordinary people of Somalia today unless one had the occasion to see them with his or he own eyes. Mr. Bari cited examples of the suffering, he noted the mother who had left Somalia with five children and arrived at a refugee camp in Kenya with only three because the others perished due to hunger, disease and fatigue on the way; or the young girl who, like many others, had suffered multiple rape and torture on the way in their quest for food and safety. All must share these pains and learn to feel the suffering because it was a part of the common humanity and the future of the world depended on recognition of their common responsibility towards one another.

Mr. Bari said he believed that the famine in Somalia was as much man-made as it was natural. While it had been a recurring feature in the region for centuries, the people had learnt to deal with famine and drought in their own way through communal self-help measures. That tradition and many others had been lost because of the havoc caused to the society as a whole by armed conflicts that had lasted for more than two decades. Unless the war in Somalia was brought to an end, such situations were likely to recur and it was therefore imperative that the international community tackle the twin crisis of famine and war jointly with the same tenacity and determination. Positive developments could be seen in the impact of the famine on the situation in Somalia both nationally and internationally. Nationally, the impact was apparent from the statements of refugees in the Dadaab camps in Kenya who said they had fled Somalia because of their disillusionment with Al-Shabaab forces that controlled the territory they lived in and this disenchantment of the people with Al-Shabaab perhaps contributed to the subsequent withdrawal of Al-Shabaab forces from Mogadishu in August.

The international community must assist the Transitional Federal Government of Somalia to demonstrate its leadership in dealing with the humanitarian crisis in order to win the minds and hearts of the people of Somalia which was essential to winning the war. Mr. Bari noted that Al-Shabaab had recently allowed Turkey to distribute assistance to the people living under their control and commended the efforts of Turkish humanitarian organizations which were now providing relief in Bay and Bakool regions and cities like Baidoa and Kismayo. On the political sphere, the high level consultative meeting on the end of the Transition Roadmap in Somalia had taken place in Mogadishu from 4 to 6 September. The roadmap included commitments in the area of security, good governance, elections, reconciliation and the finalization of the draft constitution. Mr. Bari drew the attention of the Council to the appeal of the Somali Prime Minister, Abdiweli Mohamed Ali, for the deployment of additional peacekeeping troops to assist in the stabilization of the country, particularly in those areas vacated by Al-Shabaab. Equally important were calls to the international community to provide additional support to the Transitional Federal Government of Somalia and to consider a change to the African Union’s Mission to Somalia’s mandate from that of peacekeeping to peace enforcement so as to enable the forces to extend their operation to parts of the country under Al-Shabaab control. Mr. Bari commended the work of all those engaged in Somalia, notably the United Nations and its partners and hoped that the international community would have learned a lesson from the Somalia experience and pay more attention to early warnings so that it was not necessary to wait until people started dying in large numbers to wake up to the reality.

Statement by Somalia as the Concerned Country

YUSUF MOHAMED ISMAIL (Somalia), speaking as a concerned country, thanked the Independent Expert for his comprehensive and well-researched report, which made several key recommendations, such as the adoption of a human rights action plan, the improvement of administration of justice and the ratification of the United Nations Convention against Transnational Organized Crime, among other instruments. After consultations, the Government of Somalia had accepted 155 recommendations made during the Universal Periodic Review process, 151 fully and 4 in part. While Somalia was committed to making progress, at this moment the conditions were not right to become part of the Rome Statute of the International Criminal Court. On the political front, the Government was taking several crucial steps such as developing a national reconciliation strategy which included all parties. He was delighted to inform the Council that Somalia had extended its standing invitations to several Special Rapporteurs, including those on the right to food, on safe drinking water and sanitation, on the right to education, on violence against women and its causes and consequences and on the adverse effects of movement and dumping of dangerous toxics. A recent survey had indicated that 750,000 people in southern Somalia were at risk of death and Somalia had been rated as the most food-insecure country. Despite the challenges it was facing, the Government had shown its commitment to human rights. However, Somalia required financial and technical assistance. Implementation of human rights would not be accomplished overnight and could not be achieved by Somalia alone. He thanked the Human Rights Council for its solidarity and full support to Somalia.

Interactive Dialogue on Somalia

DANTE MARTINELLI (Switzerland) said as the Independent Expert pointed out the situation in Somalia was extremely worrying. Lack of drinking water and food resulting from the drought was putting lives at risk. The Al Shabaab forces had withdrawn from Mogadishu in the first half of this year. An action plan was in the works on the reform of institutions. Switzerland asked what measures could the international community take concerning the protection of human rights in areas not under the control of the Transitional National Government. Journalists were subjected to intimation by authorities and non-state armed groups. Switzerland asked what measures the international community could take to protect human rights defenders and journalists in Somalia. Switzerland congratulated Somaliland on the establishment of a national human rights institution. It congratulated Puntland on the establishment of a transitional electoral commission. Switzerland encouraged Puntland and Somaliland to continue their democratic efforts. Territorial conflict between Puntland and Somaliland continued. Switzerland asked how a lasting solution could be found to put an end to this dispute that put at risk the security in the region.

BASSEL SALAH (Egypt) said the situation in Somalia called for more concerted action on the ground and that the drought which had ravaged the continent of Africa for the last six months had not achieved due attention from the international community. It was imperative that the international community donate the funds to the Transitional Government of Somalia for nation building and to provide coordination of efforts to support internally displaced persons. Egypt sought further elaboration on the Independent Expert’s recommendations and noted that the grouping into short, medium and long term could be changed to reflect the immediate priorities on the ground.

IDRISS JAZAIRY (Algeria) said that this exchange of views took place against the backdrop of drought and famine in large parts of Somalia and the Horn of Africa. Algeria was participating in relieving the suffering of the affected people through an air bridge. External aid could be improved if there were better coordination among key donors and authorities. But durable solutions to this crisis must also be sought, notably by considering the failure to realize the rights to food and to development. The long-standing conflict in Somalia had given rise to piracy, which would be most effectively combated by protecting the incomes of Somali fisherman. Improving human rights in Somalia should not be seen in isolation. This was part of a global and integrated solution which needed to mobilize multilateral expertise in order to strengthen capacities, adequate assistance to respond to emergency needs, and a coordinated presence of United Nations mechanisms on the ground.

ANNE KOISTINEN (European Union) said the European Union was deeply concerned about the situation in Somalia, which was marked by massive violations of human rights. Drought and famine had turned a gloomy picture into a humanitarian crisis of impressive magnitude. The withdrawal of Al-Shabaab from Mogadishu had created an atmosphere conducive to advancing the peace process that must be supported by concrete action. The European Union acknowledged that Somalia had accepted in whole or in part all of the recommendations of its Universal Periodic Review. The European Union asked the Independent Expert what areas he should focus on as a priority next year. The European Union also asked how to achieve synergy between humanitarian and human rights assistance addressing the current crisis in Somalia.

EMMANUEL PINEDA (France) said the signing of the roadmap was a step forward in the building of the State of Somalia. The task that awaited the Transitional Government of Somalia was formidable and France would support this process and called on the international community to assist Somalia in capacity building and training of the African Unions’ Mission to Somalia. France said there was a need to combat pirating off the coast of Somalia. It was essential to ensure that the people suffering from famine had unlimited access to humanitarian aid. France asked about the dramatic situation of internally displaced persons, could the Independent Expert give details about how to put in place his proposal for a mechanism on protecting Somalis and their neighbours and would the retreat of Al-Shabaab from Mogadishu guarantee that the distressed population would have access to humanitarian aid?

SEK WANNAMETHEE (Thailand) urged the Transitional Federal Government and all parties in Somalia to join hands in implementing the accepted recommendations of the Universal Periodic Review and those contained in the report of the Independent Expert. Thailand called on the international community and all relevant United Nations agencies to fulfil their commitment to the people of Somalia and to support the work of the African Union Mission in Somalia. On its part, Thailand remained committed to continuing its cooperation with Somalia, especially to overcome the current food crisis. Thailand asked the Independent Expert what the key priorities were among his recommendations for the promotion and protection of human rights and for averting the humanitarian crisis.

MELANIE HOPKINS (United Kingdom) welcomed the important role that the Independent Expert had in promoting greater stability in Somalia. The United Kingdom called on all actors inside Somalia to allow unhindered access for humanitarian agencies. The United Kingdom welcomed Somalia’s constructive approach to the Universal Periodic Review and the acceptance of the vast majority of the recommendations received. The United Kingdom asked what advice the Independent Expert had for the Government of Somalia to gain maximum benefit from the process.

OSMAN TAT (United States) said the United States was deeply alarmed by the dismal human rights and humanitarian situation in the Al-Shabaab controlled south central region of the country where the two decade long conflict continued to threaten innocent civilians. Al-Shabaab and vicious independent clan militias should end practices to recruit and engage child soldiers. Al-Shabaab should also grant unfettered access to humanitarian organizations working to reach Somalis affected by the current drought and famine. The United States supported the recommendations of Mr. Bari and commended the United Nations Development Programme for conducting judicial training which was essential for improving the rule of law. The United States was deeply disturbed by reports of gender-based violence and other abuses against women in the relatively more stable regions of Somaliland and Puntland and welcomed the establishment of the Somaliland National Human Rights Commission. The United States was fully committed to addressing this complex humanitarian crisis and had provided nearly $ 650 million in life-saving assistance in 2011.

OMAIMA ALSHARIEF (Sudan) thanked the Independent Expert for his report and the efforts he had made. The humanitarian crisis in Somalia had been continuing for over two decades, putting the conscience and credibility of the international community to the test. The weak response to the United Nations appeal was regrettable and astonishing at the same time and the efforts were timid before the suffering of the Somali people. Sudan appreciated the work undertaken by the African Union Mission to Somalia in spite of the difficulties faced and urged all international actors to support the efforts made in Somalia. Sudan called on the parties to the conflict in Somalia to settle their differences through negotiation and stood firmly by the people of Somalia. It joined the appeal of the Independent Expert to the international community and the recommendations of his report to assist the people of Somalia through national, regional and other measures so that the people in Somalia could live a life in line with the basic principles of human dignity.

EDGARDO TORO CARRENO (Bolivarian Republic of Venezuela) said the situation in Somalia was a complex situation. What was spent in the first three weeks on the war in Libya could have saved thousands of lives in Somalia. Venezuela called on the international community and particularly those countries that used their wealth to promote wars to promote true solidarity and provide aid to Somalia.

EPHREM BOUZAYHUE HIDUG (Ethiopia) said the Transitional Federal Government of Somalia had made concerted efforts to promote human rights despite the challenges facing the country. The international community, relevant United Nations agencies and regional development partners should enhance humanitarian assistance to those affected by the drought and should assist internally displaced persons. The Transitional Federal Government must do all it could to reclaim its territory and provide services to the people of Somalia.

PATRICK RUMLAR (Czech Republic) said that the international community should work closely with the Somali Government on the roadmap on which the country’s political stakeholders agreed in September. The Czech Republic firmly encouraged the Somali leadership to fully and timely implement the roadmap in order to make significant progress. According to this roadmap, the draft Somali Constitution should be published next May and be approved by July 2012. The Government should take advantage of the constitution-making process, which offered a unique opportunity to strengthen the protection of human rights. It could be used to establish a national human rights commission in compliance with the Paris Principles, according to the Independent Expert’s recommendation. The Czech Republic encouraged the Government to proceed in this direction and it also supported the Independent Expert’s recommendation to re-appoint a focal point for human rights and children in armed conflict.

MAURICE PETER KAGIMU KIWANUKA (Uganda) said Uganda had joined the international efforts to uplift human rights in Somalia with its significant contribution to the African Union Mission to Somalia. Uganda was gratified that the African Union Mission to Somalia had made significant gains that had served as the spring board of the current international humanitarian assistance programmes. Uganda remained deeply concern by the impact of Al Shabaab terrorists on the enjoyment of human rights in Somalia as well on regional countries including Uganda. Uganda condemned the indiscriminate attacks on civilian populations and African Union Mission to Somalia positions. The crucial responsibilities of the Transitional Federal Government could not be over emphasized. The Transitional Federal Government had to play its part in restoring normalcy to the Somali people. Uganda called on the Transitional Federal Government to make progress on the political process and complete the outstanding political tasks.

PETER WOOLCOTT (Australia) commended the Independent Expert for his efforts in highlighting the appalling human rights situation in Somalia. The already devastating situation had only been worsened by the onset of drought, now affecting large areas throughout the Horn of Africa. Australia noted the concern of the Independent Expert that the Transitional Federal Government faced a deepening crisis. To make lasting progress and gain the ongoing support of the people, it was important for the Government, alongside the international community, to capitalize on the withdrawal of the Al-Shabaab forces from Mogadishu through improvement of accessibility to food and water, as well as the protection of civilians in this area. Australia condemned the serious violations of humanitarian and human rights law perpetrated by Al-Shabaab that were detailed in the report and welcomed actions of the African Union Mission to Somalia to limit civilian casualties, including instituting a policy of no-indirect fire and the identification of no-fire zones.

AHMED MOHAMED ABRO (Djibouti) said that Djibouti thanked the Independent Expert for his high-calibre report and congratulated him on having produced, for the first time, a mission report based on his recent visit to Somalia. The President of Djibouti, Ismail Omar Guelleh, had travelled to Somalia to see the situation for himself, based on which he appealed to the international community to come to the aid of people of Somalia. In June this year, the President had also dedicated a significant proportion of a speech to the situation in Somalia. Djibouti also welcomed the visit of the High Commissioner for Refugees Antonio Guterres, who had made a strong statement in favour of the people of Somalia. Djibouti agreed with the Independent Expert that, unless urgent measures were taken, the famine would spread to the whole of Somalia within the next two months. Djibouti expressed support for the Universal Periodic Review and all of the recommendations made on that score.

MOHAMED ACHGALOU (Morocco) said the alarming picture painted by the Independent Expert required the international community and the Human Rights Council in particular to consider it from a perspective that acted to protect human rights. The constructive approach of Somalia to the Universal Periodic Review was a clear signal of its intention to preserve human rights. The rebuilding of the county required the restoration of peace and stability. Hundreds of thousands had lost their lives. The humanitarian disaster needed acts of solidarity. More sustained humanitarian assistance was needed. The United Nations had warned that the famine could spread to other regions. Morocco reiterated its appeal for international assistance to Somalia to preserve the right of people to food and the right to life that were the foundations of all human rights.

LORRAINE ANDERSON (Canada) expressed concern about the plight of millions of people affected by the drought in Somalia and Al-Shabaab’s restrictions on humanitarian access and violations of fundamental human rights such as life and security, which made it much harder to deal with the effects of drought. Canada indicated as recent positive developments the consultations that had taken place in Mogadishu concerning the development of a roadmap that would focus on four pillars, including a constitution, governance, outreach and reconciliation. In this regard, Canada asked the Independent Expert how the roadmap could be used to improve the protection of human rights in Somalia and, given the scope of the existing mandate of the African Union Mission in Somalia, whether this should be expanded rather than creating a new one; Canada also inquired about ongoing efforts to address the challenges of female genital mutilation and violence.

SHEIKHA SALMAN AL ZAABI (United Arab Emirates) said that the United Arab Emirates welcomed the report of the Independent Expert and appreciated his efforts in implementing his mandate within the difficult circumstances in the country. The United Arab Emirates attached great importance to those sections of the report which focused on the tragic situation in which Somalia had been for decades. It hoped that the recommendations of the Independent Expert could begin to relieve the suffering of the people and pave the way for a political solution so that security and stability could be restored. The United Arab Emirates welcomed the recommendations contained in the report, particularly those relating to the role of the United Nations. It would also like to ask what steps the Human Rights Council and the Office of the High Commissioner could take to help coordinate the efforts of donors to implement the recommendations regarding humanitarian assistance to relieve the suffering of the Somali people.

SAAD ALAJMI (Kuwait) said it should not be forgotten that Somalia had been going through a transitional period for decades. The destructive drought had meant this country was undergoing a famine. Millions of children had been affected by malnutrition. Kuwait had given physical and financial support to remedy the situation. Kuwait had spent more than $10 million in the form of aid. Kuwait called on the Human Rights Council to speed up the provision of assistance to Somalia so human rights could be respected there.

NAHIDA SOBHAN (Bangladesh) expressed concerns about the food crisis and the humanitarian situation in Somalia. Bangladesh indicated that the Government of Somalia could not address the crisis alone, despite its best efforts. Assistance from the United Nations and the international community was necessary in order for the Government to successfully address the humanitarian crisis. The situation in Somalia was unethical concerning the advances in other parts of the world.

MOHAMED LAMINE THIAW (Senegal), speaking on behalf of the African Union, thanked the Independent Expert for presenting his report, which emphasised the scale of the disaster facing the country. The African Union was, more than ever, concerned about the alarming situation in Somalia, in a context of a devastating famine affecting the Horn of Africa. Given the almost chronic vulnerability of the country, it was no surprise that Somalia was affected even more insidiously by the food crisis. The world must not turn its face away from Somalia; more efforts must be made for Somalia and heightened attention must be given to the people of the country. The international community must respond through a holistic approach in the face of various challenges which had a strong security dimension. In this connection, the African Union welcomed that some international financial institutions had recently made available funds to assist Somalia in key sectors. However, in the field of human rights, much remained to be done in terms of technical assistance.

ONUR KATMERCI (Turkey) said Turkey had collected $ 280 million of aid in donations for Somalia. It had hosted in Istanbul the emergency meeting of the Executive Committee of the Organization for Islamic Cooperation to draw attention to the most vulnerable segments of the population in Somalia and the refugees affected by the displacement caused by the fighting, drought and famine. Prime Minster Erdogan’s trip to Somalia on 19 August was instrumental in drawing the attention of the world to this crisis. Turkey welcomed the agreement signed between the President of Somalia and the Speaker of the Somali Parliament which resolved the political impasse over ending the transition period and also the agreement in Mogadishu in September 2011 between the Transitional Federal Government and Puntland Administration and some regional leaders on a detailed roadmap for completing the transition period. Turkey would continue with all their means to deliver humanitarian aid to Somalia both officially and through non-governmental organizations and other private initiatives.

KAREN PARKER, of International Educational Development, thanked the Independent Expert for his report and agreed that Somalia found itself at a turning point. It was revealing that the report independently addressed Somalia’s regions. It appeared rather apparent that the people of historic Somalia did not have any cohesive allegiance to a united Somalia with common goals. Except for a small area controlled by the Transitional Federal Government there was no unifying national force. The United Nations, African Union and international community should start thinking outside the usual channels. People in camps, particularly women and children, were dying of starvation. The Council should continue to seek solutions and extend the mandate of the Independent Expert

AFTON BEUTLER, of Worldwide Organization for Women, thanked the Council for organizing this discussion. The Horn of Africa was experiencing the worst food crisis in the world today. The number of people in urgent need for humanitarian assistance had increased by almost 850,000 to some 2.85 million people. This had resulted in an exodus of 3,500 people a day fleeing from Somalia. During this process there had been much sexual violence against women. Hunger was the worst insecurity and famine was the worst enemy. No parent should have to see their children die or have to choose which of their children to save. The world had been slow to recognize the severity of the crisis but there were no longer any excuses for inaction.

AHMED MOHAMED ALI KUMITKO, of Cairo Institute for Human Rights, said that Somali human rights defenders continued to pay a heavy cost. Two journalists had been killed in Mogadishu alone since the report had been issued. The Cairo Institute for Human Rights supported Mr. Bari’s recommendation that those who violated the rights of human rights defenders should be held accountable in a timely manner. News that preparations were underway to place more United Nations staff in Mogadishu were very welcome.

ADRIANNE LAPAR, of Human Rights Watch, said that all warring parties in Somalia should issue clear orders and take all necessary steps to ensure their compliance with international humanitarian and human rights law. Violations should be promptly, impartially and transparently investigated, those responsible should be held to account, and victims should be meaningfully compensated for loss of life, injury or property damage. Human rights monitoring and reporting on Somalia by the Office of the High Commissioner for Human Rights remained inadequate. As a first step towards a longer term accountability mechanism, the Office should document recent and past most serious crimes in violation of international law.

BENEDICTE GODERIAUX, of Amnesty International, said the situation in Somalia was caused by the armed conflict and violations of human rights and humanitarian law. Amnesty International welcomed the Transitional Federal Government’s support for recommendations made at the Universal Periodic Review. International support for Somalia must include regular human rights monitoring and reporting. Among issues to be addressed were impunity and child soldiers. Decades of impunity must be remedied. An independent and impartial commission of inquiry must be established to investigate decades of abuse in Somalia. Amnesty International welcomed the Transitional Federal Government’s comments on combating the use of child soldiers in Somalia. The international community had an obligation to assist in screening Transitional Federal Government units and ensuring the demobilization, rehabilitation and reintegration of former child soldiers into society.

Concluding Remarks

SHAMSUL BARI, Independent Expert on the Situation of Human Rights in Somalia, speaking in concluding remarks, said that many questions addressed required particular attention and he thanked participants for engaging with the report. The main question was concerning the priorities of the Government to improve the human rights situation. From the beginning Mr. Bari had asked the Government to raise the flag of human rights as often as possible, because human rights as a concept had been lost in Somalia for a long time and the concept had to be recreated and understood by the people. It was important for the Government to create an atmosphere conducive to the respect of human rights. The utmost priority was creating a human rights commission and announcing that the Government cared for human rights and that the commission would address people’s concerns. It was very important that the Government had the support of the people. Finding a way of involving people of Somalia in the process was important. Mr. Bari was pained to see that there had been little involvement from civil society; initiatives would not work unless people were involved and they understood that the Government was serious. It was time to create this atmosphere. Mr. Bari was pleased to see there was a Government in Somalia that was committed to increase educational and health coverage. The international community could support these efforts. The situation of Mogadishu created a situation for the reopening of the schools. Why couldn’t members of this Council help to reopen schools or hospitals? For the Government establishing that it cared was important, and for the person the most important thing was restoring the rule of law. The Prime Minister was committed and the international community could take him up on this and help him establish accountability.

Involving the people in the constitution drafting process and the human rights system would be important. The United Nations would contribute to ensure that the ownership went to the people. People’s representation was essential and this could be addressed by including them in many of the roadmap processes, including consultations. Dealing with impunity and accountability was the most important thing and would serve as a basis for dealing with past offences. Concerning the question on internally displaced persons, Mr. Bari was pained to see how despite the fact that internally displaced persons were allowed to stay in many parts of Somalia no real attention was paid to its needs; while local governments wanted to be helpful they were unable to do so with their own resources. This was also an area to which the international community could contribute. This was also related to reopening schools as many of the internally displaced persons were living in schools. The stabilization support requested by the Government should be immediately attended to. Mr. Bari said the international community must not lose this opportunity. The people of Somalia must be helped to wake up from this nightmare and move to a future of normality. The international community must help the Government and people of Somalia to consolidate the gains that they had recently achieved.

Documentation

The Report of the Special Rapporteur on the situation of human rights in Cambodia, Surya P. Subedi, (A/HRC/18/46), states that the Special Rapporteur is particularly concerned by the state of various human rights issues, and especially freedom of expression and land and housing rights. He is particularly concerned in this regard by the charges of incitement, defamation and dissemination of information that have been brought against human rights defenders, land rights activists and individuals of communities defending their land and housing rights in the face of eviction. The present report focuses on an assessment of the independence and capacity of Parliament as one of the State institutions responsible for upholding people’s rights. Parliament in Cambodia has not been able to safeguard the freedom of speech of some of its own members. The Special Rapporteur makes a series of recommendations in the present report in a constructive manner.

Introduction of Report by Special Rapporteur on Situation of Human Rights in Cambodia

SURYA PRASAD SUBEDI, Special Rapporteur on the Situation of Human Rights in Cambodia, said that this year marked the twentieth anniversary of the adoption of the Paris Peace Agreements, which had set in motion Cambodia’s peace process. What been achieved in the country in a number of areas since then was commendable. The conflict had been resolved, the transitional period had been managed reasonably well, a new democratic constitution had been adopted in 1993, and periodic elections had taken place since then. There had been steady economic growth and political stability in recent years, enabling many people to come out of poverty, at least in urban areas. The overall human rights situation had improved over the years, especially with the enactment of a number of key laws in the recent past.

However, much work remained to be done to fulfil Cambodia’s obligations under the international human rights treaties it had ratified. For example, the Paris Peace Agreements had established the rule of law, human rights and democracy as major pillars of the new political architecture for the country. The peace process could therefore not be regarded as complete until the democratic institutions were able to work effectively and independently. Also, the recent demolition of five houses reflected an alarming departure from the progress in addressing one of the major and long-running land rights-related disputes in the Boeung Kak lake area. Mr. Subedi called on the Government to reverse trends such as carrying out evictions before the conclusion of good faith negotiations and consultations with communities and failing to plan sustainable relocation options when eviction was used.

Some procedural rules in the National Assembly were not conducive to enabling all members to enjoy their freedom of speech when holding the executive to account and defending the rights of the people whom they represented. In the recent past, the scope for Parliament members to participate in parliamentary debate had been limited, and some Parliament members’ immunity had been lifted. Furthermore, many of these members had not been given an opportunity to make a representation in their defence, which went against the principles of natural justice. All in all, Cambodia had made a huge transformation, from a State in which the institutional framework had all but been completely destroyed, to one whose law-making and institution-building processes were functioning. However, Cambodia needed to accelerate the democratization process and strengthen the rule of law.
Statement by Cambodia as the Concerned Country

SUN SUON, Ambassador and Permanent Representative of Cambodia to the United Nations Office at Geneva, said Cambodia attached high importance to the promotion and protection of human rights and had shown a good willingness and positive engagement on this issue as demonstrated by further extending the mandate of cooperation with the Special Rapporteur. On legal and judicial reform, the Government had further concentrated on the work of the legislation under the leadership of the Council of Legal and Judicial Reform in a number of areas, including good governance, legal education, and advocacy of human rights designed to strengthen the system of justice in the country. Work was being done to submit new draft laws to the National Assembly, notably on the Status of Judges and Prosecutors, on the Organization and Functioning of the Courts, and the Law on the Organization and Functioning of the Supreme Council of the Magistracy. Cambodia had made great efforts to promote decentralization of reform that aimed at further achieving democratic development by strengthening sub-national authorities and institutions at the grassroots levels, including the enforcement capacity of the national election committee.

The Cambodian economy had grown up to 8 per cent in 2011 and the Government would redouble its efforts to implement the development agenda through an enhanced partnership with all stakeholders. Cambodia had taken a further step toward its ratification of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, which came into force in 2011. Cambodia was the one hundredth State to ratify the Optional Protocol thereby becoming one of the active members in the region to provide an avenue for people to submit complaints under this international legal instrument framework. The Government had been addressing the concerns over the land issue and was committed to its long-term agenda that aimed at further addressing and resolving land and housing rights issues. There were more than 2,000 non-governmental organizations and other stakeholder associations currently operating in the country which demonstrated the vibrant civil society in Cambodia. Since 1996, the Government had begun the drafting of a law on the establishment and operation of associations and non-governmental organizations in an inclusive process by taking into account the views of stakeholders.

The Government had expressed its views on many occasions through communications in response to the inquiry of Special Rapporteurs on the issue of freedom of expression. This concept was also under special debate with high attention among Member States, both developed and developing countries, during the current session of the Council. Cambodia underscored individual rights as one of the essential elements of democracy. However it should be recognized that the exercise of the right to freedom of opinion and expression was an important indicator of the level of protection of other human rights and freedoms, bearing in mind that all human rights were universal, indivisible, interdependent and interrelated. Cambodia would thus address the challenges to ensure the judicious application in the practice of freedom of expression as one of the fundamental rights according to the relevant international instruments.

Interactive Dialogue on Cambodia

PETER WOOLCOTT (Australia) noted that as the twentieth anniversary of the signing of the Paris Peace Agreements was commemorated, Cambodia had undergone a huge transformation since the dark days of civil war. While welcoming Cambodia’s acceleration of its legislative programme to implement the Special Rapporteur’s recommendations on the judiciary, Australia shared the concern of the Special Rapporteur that provisions in some laws, including the Penal Code, may be interpreted to curtail basic freedoms. Non-governmental organizations had made a vital contribution to Cambodia’s impressive development over the past 20 years. While noting consultations Cambodia had undertaken to prepare early drafts of the law on associations and non-governmental organizations, Australia was concerned that aspects of the draft required careful attention to ensure they did not hamper freedoms of association and expression. Australia welcomed the programmes being developed by Cambodia to resolve land issues in rural areas, but noted the Special Rapporteur’s concerns about incidents of violence associated with forced evictions and the speed of progress on land ownership. Australia encouraged Cambodia, the Special Rapporteur and other interested parties, including the Office of the High Commissioner for Human Rights in Cambodia, to consult closely on these and other issues raised by the report.
HENICHI SUGANUMA (Japan) welcomed the progress of legal reform in the context of freedom of expression, including the enactment of the penal law in Cambodia. While there were outstanding issues on the proportionate application of the law, Japan recognised that – because the penal law had been enacted only recently – the Government did not favour amendment of the law. Japan would like to hear the Special Rapporteur’s views on this issue. It would also like to point out the importance of freedom of expression and the need to apply provisions of the law carefully. Japan highly appreciated the progress made regarding the Universal Periodic Review, including the announcement to draft an action plan to follow-up the 91 accepted recommendations, and looked forward to Cambodia’s continued initiative.

RADKA PATALOVA.. (European Union) welcomed the progress already achieved by Cambodia in promoting human rights and democratizing the system of Government in the country. The European Union highlighted the importance of the Office of the High Commissioner for Human Rights office in Cambodia and the Government’s continued cooperation with international mechanisms. Could the Special Rapporteur provide advice on how he envisaged the implementation of the legislative programme and concerning the draft Land Policy in 2010, which recognized the right to adequate housing, was it still pending? Finally, was there any further action to be taken to make operational the Chair of the Cambodian Human Rights Committees’ undertaking in May 2011 to create a mechanism in conjunction with non-governmental organizations to address the growing number of land disputes?

VU ANH QUANG (Viet Nam) said Viet Nam was happy to note that Cambodia had become a country of peace, stability and growth, despite the global economic upheavals. Viet Nam also appreciated the efforts and remarkable success achieved in the protection and promotion of human rights and fundamental freedoms, including the improvements in living conditions, poverty reduction, achieving numerous Millennium Development Goals, applying the rule of law and good governance, and the fight against corruption. Viet Nam noted the engagement and spirit of cooperation displayed by Cambodia towards the Universal Periodic Review mechanism and the Special Rapporteur. Viet Nam took this opportunity to point out that Special Procedures should always comply with the fundamental principles specified in resolution 5/1 of the Council. Finally, the delegation asked the Special Rapporteur, with the object of facilitating the work of the Council and in view of the progress achieved by Cambodia, what was his personal advice concerning the duration of the mandate of technical assistance of the Special Rapporteur on Cambodia.

RAZVAN ROTUNDI (Romania) commended the efforts made by Cambodia in a number of areas over the last years. Although establishing the rule of law, democracy and human rights in a solid and irreversible manner was sometimes slow and painful, it should be carried out with determination to the benefit of the people. Based on its own experience in the democratic transition, Romania encouraged the Cambodian authorities to seek a comprehensive solution to issues relating to property rights. Romania was aware of the challenges but was confident that a just solution would contribute to social peace in the country. Romania welcomed the positive attitude of the authorities towards dialogue and cooperation with international human rights mechanisms and encouraged it to remain engaged with the international community.

TAN YEE WOAN (Singapore) noted the good level of cooperation extended by the Royal Government of Cambodia to the Special Rapporteur for human rights in Cambodia. The ongoing efforts to improve the general living standards and address the livelihood issues of the populace were important and there had been improvements in areas such as infrastructure development, healthcare, education and rural development. After decades of turmoil, which had led to the destruction of its institutions and the depletion of its talent, normalcy was now being restored in Cambodia. Singapore was committed to continue cooperating with Cambodia on a bilateral basis and with the Association of South East Asian Nations to further Cambodia’s development.

MARIA TERESA LEPATAN (Philippines) welcomed the statement of Cambodia on the progress and development of human rights. The Philippines commended Cambodia for continuing efforts to consolidate the participatory democratic process at the grassroots level with a view to a successful election at the commune level next year. The continued, open and constructive cooperation of the Government with the international community, particularly in the field of human rights, could only be applauded. Technical cooperation of constructive value should be freely given and freely accepted with no conditionality or other linkages that would complicate the situation for recipient countries. The Philippines agreed with Cambodia that more needed to be done, particularly in the area of poverty reduction and in the attainment of the Millennium Development Goals. With regard with the draft resolution presented at this session, the Philippines referred to the principles expressed in the Council’s resolution 5/1 and thus expressed its reservation on the provision extending the mandate of the Special Rapporteur to two years as this was not in accord with the Institution Building text. Philippines saluted Cambodia for demonstrating once again its sincerity, flexibility and commitment to cooperation and engagement with the Council.

GERARD CORR (Ireland) said that Ireland commended the progress achieved in Cambodia since the signing of the Paris Peace Agreements. As the Special Rapporteur had rightly said, Cambodia had seen a huge transformation. At the same time, Ireland recognised that more progress was required, particularly with regards to the effective enjoyment of civil and political rights such as the right to freedom of expression. Ireland welcomed Cambodia’s continued cooperation with human rights mandate holders such as the Special Rapporteur. On another note, Ireland would be interested in hearing how the Special Rapporteur assessed the status of recommendations in terms of the timeframe for implementation.

SARA CIACCIA. (United States) said the general situation of human rights in Cambodia had progressed in some areas although there was still a long way to go in other areas. The report noted the serious issues that Cambodia needed to address in the areas of land and housing rights, freedom of expression and implementation of laws designed to protect human rights. The report had also pointed out instances of people’s right to own property being violated and citizens being arbitrarily deprived of their property. The United States asked the Special Rapporteur how the international community could best work with the Special Rapporteur’s office to ensure that non-governmental organizations remained free to exercise freedom of assembly and association in Cambodia. Could the Special Rapporteur provide a status update on his proposal for and discussions with the Cambodian Government about the creation of a regular consultative mechanism between the Government and non-governmental organizations?

PATRICK RUMLAR (Czech Republic) thanked the Special Rapporteur for his report and took note of the progress in some areas of human rights in Cambodia and the fact that Cambodia had enacted a number of laws designed to protect human rights. On the other hand, the Czech Republic shared the remark that in many cases Cambodia was lagging behind in the implementation of these laws. The report noted that the Ministry of the Interior carried out consultations on the draft law on non-governmental organizations with the parties concerned; the final report should incorporate appropriate suggestions made during these consultations. According to a joint letter sent by a group of non-governmental organizations addressed to Foreign Ministries, the current draft law empowered the Government to violate fundamental rights. The Czech Republic requested the Special Rapporteur to further elaborate on the state of the issue and comment on the position of non-governmental organizations. The report mentioned a concrete case of a Member of Parliament whose parliamentary immunity was lifted for alleged defamation of the Prime Minister and had not been restored until now, were there similar cases of narrowing the protection of members of the Parliament for expressing their opinion and exercising their duties?

SEK WANNAMETHEE (Thailand) said Thailand commended Cambodia for its significant progress in promoting and protecting the rights of vulnerable groups and took note of its efforts in developing legislative and institutional frameworks to uphold and safeguard the people’s rights. Thailand particularly welcomed the latest efforts to improve the judiciary and establish mechanisms to promote and protect people’s rights. The next step, which was equally challenging, was to ensure that the norms and mechanisms which had been put in place were functioning effectively. It was important that enacted laws be fully implemented and faithfully enforced and that institutions carry out their mandates in an independent, impartial and robust manner. The international community must continue to provide assistance and support to Cambodia in advancing its efforts.

SIM MELLOUH (Algeria) commended Cambodia for cooperating with the Special Rapporteur which demonstrated its willingness to further promote the situation of human rights and ensure their enjoyment by the population. The Special Rapporteur stated that Cambodia had enacted several laws aimed at promoting human rights but had highlighted the problem of their implementation and encouraged Cambodia to take measures to ensure the effective application of its laws. Algeria was confident that the Government of Cambodia would pursue its efforts to address the challenges it was facing with regard to human rights and urged the international community to provide this country with the requisite technical assistance upon its request and in accordance with its national priorities.

BOB LAST (United Kingdom) indicated that the Special Rapporteur played a vital role in improving the human rights situation through his constructive relationship with the Government of Cambodia and welcomed the cooperation of Cambodia with the Special Rapporteur and the Council. The United Kingdom welcomed the report’s focus on democratic institutions and supported the observations on the importance of freedom of expression for citizens and their political leaders. The United Kingdom remained concerned about criminal charges being used that stifled freedom of speech. The United Kingdom welcomed the news that the Government was reviewing the draft law on non-governmental organizations and associations again and had undertaken to consult further with civil society and the international community, to ensure the law did not hinder the valuable work of civil society for human rights in Cambodia. Finally the United Kingdom inquired about the view of the Special Rapporteur on how the Government would conduct the next period of consultations on this law.

SITI HAJJAR ADNIN (Malaysia) said as a close neighbour and fellow member of the Association of Southeast Asian Nations, Malaysia maintained a keen interest in the developments in Cambodia. It believed that the continued attention of the Council was an important element supporting Cambodia’s efforts to further entrench principles of democratic governance. It was important to be mindful of the financial and other resource constraints Cambodia faced as a developing country. Cambodia should be afforded the time and space needed to consolidate its achievements in the promotion and protection of human rights, as well as implementing and operationalising new policies and programmes. Malaysia encouraged the Special Rapporteur to consider focusing more attention on issues related to economic, social and cultural rights.

CAPUCINE MAUS DE ROLLEY (France) welcomed the excellent cooperation between the Government of Cambodia and the Special Rapporteur and supported the renewal of the mandate. France supported the recommendations on legal reforms and said they were necessary to strengthen civil society. There were developments that were worrying, notably the excessive use of legal actions and intimidation against human rights defenders and victims of human rights abuses related to land issues. France reminded Cambodia that all non-governmental organizations should have the capacity to exercise their right to freedom of expression and encouraged the Government to pursue dialogue with civil society on this point.

DICKY KOMAR (Indonesia) indicated that close cooperation and constructive engagement with the United Nations human rights mechanisms was a crucial element in Cambodia’s efforts to continue making progress in addressing those remaining human rights challenges and in general endeavours to strengthen the democratic principles in the country. Indonesia welcomed the commitments as indicated by Cambodia and the strong determination to take necessary and appropriate measures to address the remaining human rights challenges in the country. Cambodia had enacted a number of laws designed to protect human rights, but it was lagging behind in their implementation. As a fellow developing country, Indonesia shared this challenge and encouraged the Cambodian Government to strengthen the check and balances mechanisms, involving relevant Government machinery, civil society and media that would enable the improvement of the rule of law in the country. In this regard the international community could demonstrate its solidarity by providing necessary resources. Indonesia noted the ongoing negotiations between the main sponsors of the draft resolution on advisory services and technical assistance, considering the extension of the mandate, the concerned parties must pay due regard and fully respect the Council’s resolution 5/1 concerning the establishment and renewal of special procedure mandates.

ELLE MERETE OMMA. (Norway) agreed with the Special Rapporteur that Cambodia still had a long way to go to fulfill many of its obligations under human rights treaties. Norway was concerned about the many reports regarding unresolved land disputes leading to forced evictions and reports describing arbitrary arrest or unfounded charges against individuals who protested against the lack of adequate notice before evictions, legal protection and alternative accommodation. The situation of trade union leaders fighting for fundamental labour rights of Cambodian workers also gave cause for concern. Norway urged Cambodia to protect and respect the rights to freedom of association and peaceful assembly and to form and join trade unions in line with international and Cambodian law. Norway echoed the positive statement by the Special Rapporteur regarding the Extraordinary Chambers in the Courts of Cambodia which in addition to having had a significant and positive impact on the justice and reconciliation process had also contributed to building capacity and strengthening judicial reforms in the country.

ALEXANDRE FASEL (Switzerland) said the situation of human rights in Cambodia continued to face major obstacles in several sectors, including freedom of expression and the number of cases of land expropriations. Switzerland welcomed recommendations according to which parliament would consider the draft law to bring it in line with international law on freedom of expression. The Special Rapporteur had recommended that the Ministry of Justice request assistance from the international community including the Office of the High Commissioner for Human Rights, to train judges and lawyers and prosecutors in interpreting the Cambodian legal system in line with international law. Switzerland asked if there were any specific suggestions as to how this training could be carried out. Switzerland welcomed the Government of Cambodia’s expressed wish to cooperate with the Special Rapporteur. Switzerland was in favour of extending the mandate of the Special Rapporteur.

XIA JING GE (China) said that China had listened attentively to the report of the Special Rapporteur on the situation in Cambodia. In recent years Cambodia had enjoyed steady economic development and political stability. China commended the Government of Cambodia for supporting the work of the Special Rapporteur, which attested to the attention paid by Cambodia to the promotion and protection of human rights. Cambodia as a developing country faced particular challenges in the field of human rights and China hoped that the international community would support it through technical assistance for Cambodia to address these challenges. China hoped that the Special Rapporteur, within the mandate, would continue to support Cambodia’s efforts and expressed support for the Council to extend the mandate of the Special Rapporteur, in strict conformity to the provisions included in the Institution Building resolution of the Council.

ANNA JAKENBERG BRINCK (Sweden) agreed with the Special Rapporteur that Cambodia had come a long way since the conclusion of the Paris Peace Agreement and that although a democratic constitution and a number of important State institutions to protect human rights were now in place, there were areas of concern, notably, the narrowing space for people, including political parties, to express their views without fear and to participate meaningfully in the parliamentary process. What concrete proposal could be enacted to foster a more pluralistic and participatory culture? Sweden asked the Special Rapporteur, concerning the issue of land rights and the draft non-governmental organization law, what key measures should be taken in order to strengthen the meaningful consultations between the Government and concerned stakeholders including civil society and private business? Sweden supported the renewal of the mandate.

MAUNG WAI (Myanmar) said the Government of Myanmar thanked the Special Rapporteur for his report and commended the efforts made by the Government of Cambodia. Myanmar commended the establishment of the human rights commission of Cambodia and welcomed the cooperative relationship between the Special Rapporteur and Cambodia. No doubt the international community would continue to extend assistance to Cambodia. Paragraph 9 of the draft resolution on Cambodia included a two-year extension of the mandate of the Special Rapporteur. This would contradict resolution 5/1 that stated that the term of a country mandate was one year.

DINESH BHATTARAI (Nepal) expressed appreciation for the manner in which the Special Rapporteur on the situation in Cambodia had been carrying out his mandate. Nepal found his report fully reflective of the principles of independence, objectivity, non-selectivity and constructive dialogue and cooperation. Cambodia had come a long way in terms of political transformation and building national democratic institutions since the conclusion of the Paris Peace Agreement in 1991. This had put the country on the path of political stability and steady economic growth that had lifted many people out of the poverty trap. Nepal welcomed the focus placed by the Special Rapporteur on systematic assessment of state institutions with a view to exploring the ways and means for strengthening their capacity and independence in upholding people’s rights. As a fellow developing country, Nepal urged the international community to understand the structural impediments and high degree of vulnerabilities on several fronts that least developed countries like Cambodia had to confront; and appealed to the international community to extend all the necessary support to Cambodia, including through technical assistance and capacity building measures, so as to help institutionalize democratic achievements, expedite socio-economic transformation, and advance the promotion and protection of human rights.

ANNE-TAMARA LORRE (Canada) said the cooperation between the Government of Cambodia and the Special Rapporteur should be strengthened. Canada supported the extension of the mandate for a period of two years. Canada noted the progress made by Cambodia but shared concerns about the right to freedom of expression, including the lack of transparency of the legislative process. Canada encouraged Cambodia to take account of the Universal Declaration of Human Rights in the drafting of future laws. How could the international community help Cambodia develop a robust independent democratic system that would allow voices to be heard? What more needed to be done to ensure that Cambodian institutions would adequately protect human rights and a liberal democratic system?

POOJA PATEL, of Asian Forum for Human Rights and Development (Forum-Asia), said the draft law on associations and non-governmental organizations would only legalize restrictive measures impinging on freedom of expression.
Forum-Asia said they were disappointed about the Special Rapporteur’s appeal in the case of Leang Sokchouen convicted on disinformation charges and expressed alarm that this charge had been upgraded to incitement in the Appeals court in July 2011 under legislation that was not in force at the time of the alleged offence.

RENATE BLOEM, of CIVICUS - World Alliance for Citizen Participation, said State-civil society cooperation was a key factor in the development of Cambodia from a war torn country to a peaceful, vibrant developing country. The proposed law on associations and non-governmental organizations was a departure from this. Civicus was very concerned that the third draft of the law granted far reaching powers to the Government authorities to control the rights of the citizens to organize and express themselves. Civicus called on the Government of Cambodia to reconsider key recommendations and incorporate them into the next draft of the law.

ADRIANNE LAPAR, of Human Rights Watch, shared many of the Special Rapporteur’s concerns, particularly on the rights to freedom of expression, association and peaceful assembly. Prime Minister Hun Sen’s Government had used arbitrary arrests, grossly unfair trails, and the threat of abusive new laws to undermine the basic rights of dissidents. Human Rights Watch echoed the Special Rapporteur’s concerns about the draft law on association and non-governmental organizations, currently under consideration by Cambodia’s Council of Ministers. Human Rights Watch called on the Council to urge Cambodia to promote recognition that civil society was fundamental to Cambodia’s development.

OLIVER FREEMAN, of International Federation of Human Rights Leagues - FIDH, in a joint statement with World Organization against Torture, said that the draft law was fundamentally flawed and unnecessary in light of the 2007 Civil Code, which would enter into force in November. If passed, this law would forbid any organizations from operating unless their registration had been approved by the Government. It included no clear guidelines on requirements for approval, denial or registration or suspension. The draft law was highly vulnerable to arbitrary decision-making. The Federation encouraged the Special Rapporteur, both individually and together with other relevant mandate holders, to rigorously monitor and publicly assess progress made by the Government in implementing the recommendations issued by treaty bodies, Special Procedures and the Universal Periodic Review.

UNATHI NGCUKA, of Rencontre Africaine pour la defense des droits de l’homme, said that during the examination of the Cambodian Universal Periodic Review in March 2010, the Cambodian Government had committed to cooperate with the proposed mechanisms of involving institutional reforms in respecting and promoting human rights; however, to date the situation in Cambodia had still not improved, especially with regards to discrimination against indigenous groups and minorities. The Khmer Kroms were treated neither as citizens nor as refugees and were rarely granted identity papers. How had the democratization process improved in Cambodia if the Government had adopted political restrictions on civil society, trade union movements, opposition parities, human rights activists, journalists and lawyers?

JOSHUA COOPER, of World Association for the School as an Instrument of Peace, called for the extension of the mandate of the Special Rapporteur on Cambodia as the global community should understand that the work to guarantee fundamental freedoms to the citizens of Cambodia was not complete. Regarding land rights, evictions continued with families being displaced by force throughout the county. There was concern about the destruction of the forests in pursuit of profit and violations against human rights and earth rights defenders.

Concluding Remarks

SURYA PRASAD SUBEDI, Special Rapporteur on the situation of human rights in Cambodia, thanked delegations who participated in the interactive session and said that their encouragement was important in his work with the Government of Cambodia. Mr. Subedi thanked the Government of Cambodia for its comments. There had been so many questions of interest. The Penal Code was adopted by the Government of Cambodia recently and there might be some objections to amend it in the near future, but the lawmaking process depended on society. Defamation should be decriminalized altogether. The international human rights law required that every country decriminalize defamation. Concerning the implementation of recommendations, Mr. Subedi was encouraged that things were moving forward. The Government was setting up an inter-ministerial committee and he was hoping that there would be some progress. Concerning the consultation on the law on non-governmental organizations and associations, the law had now gone to the Ministry of the Interior for reconsideration and he hoped that the Ministry would engage in a meaningful consultation with all relevant stakeholders to result in a law that allowed non-governmental organizations to continue to serve the people of Cambodia. Mr. Subedi hoped that the Government of Cambodia would take action on the recommendations concerning participation in Parliament, making it possible for all members of Parliament to participate equally in parliamentary activities. Ms. Subedi also hoped that the best practices of the tribunal would have an impact on the process of promoting fair trials and the Cambodian judiciary as a whole.

Cambodia had already agreed to a programme of action to implement the recommendations of the Universal Periodic Review process and some of these recommendations were related. The report of the Special Rapporteur went on to further clarify the recommendations of the Universal Periodic Review and hopefully would be also implemented. Concerning the process of consulting with non-governmental organizations, Mr. Subedi indicated that during the first report to the Council, he asked the Government to create a dialogue with civil society representatives. A proposal was submitted by a large numbers of non-governmental organizations and Mr. Subedi hoped that an inclusive proposal would be accepted by the Government and civil society; and for future opportunities to engage with members of the judiciary to continue to promote capacity building. The parliament and the judiciary were fundamental institutions of the State and played a key role in ensuring the protection of people’s rights. Mr. Subedi intended to continue to work with the Government to strengthen these institutions, to achieve the rule of law and conclude the process that began with the Paris Peace Agreement in 1991.

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