Human Rights Council holds interactive dialogues on situation of human rights in Sudan and Belarus

Human Rights Council
MORNING

20 September 2011

The Human Rights Council this morning held an interactive dialogue with Mohamed Chande Othman, the Independent Expert on the situation of human rights in Sudan, followed by an interactive dialogue on the report of the United Nations High Commissioner for Human Rights on the situation of human rights in Belarus.

In concluding remarks, Mohamed Chande Othman, the Independent Expert on the human rights situation in Sudan, said the Government of Southern Sudan was open to dialogue and to engaging on human rights issues. The law enforcement agencies in Southern Sudan were not fully functioning and required technical assistance and support which would go a long way to reducing human rights violations. Concerning South Kordofan, Resolution 1990 by the Security Council asked for the Secretary-General to monitor the situation of human rights in South Kordofan and the Independent Expert said this could best be achieved by permitting a human rights compliment to be included in the mandate. The Council needed to hold with high esteem the two parities for realizing the benchmarks of the Comprehensive Peace Agreement and Mr. Othman said that the emergence of South Sudan as a new State had legal consequences for the mandate. Technical assistance would play a central role in moving forward.

Sudan, speaking as a concerned country in concluding remarks, said that Sudan was a developing country going through a post conflict period. Sudan had given what it was able to give. All of its actions fell within the framework of attempting to improve the situation of human rights. Sudan had witnessed positive developments and was committed to implementing the recommendations of the Independent Expert. Sudan hoped the mandate of the Independent Expert would be ended as Sudan was deprived of assistance as it was still under a mandate.

South Sudan, speaking as a concerned country in concluding remarks, said that South Sudan welcomed the report, its conclusions and the comments on this situation made by delegations. Technical support and capacity building were needed the most. At the moment, a mandate which would create an Independent Expert was not needed. Cooperation with the Council and the international community on issues pertaining to the promotion and protection of human rights and building national institutions to this regard should be the priority.

Mr. Othman presented his report to the Council on 19 September and a summary of his presentation, as well as the statements of Sudan and South Sudan speaking as concerned countries, can be found in press release HRC/11/116.

In the interactive dialogue on Sudan, speakers said the report of the Independent Expert reflected recent developments and improvements in Sudan. They commended the cooperation of the Government of Sudan with the Independent Expert, which demonstrated how keen Sudan was to improve its work in the field of human rights. Some speakers called on the Human Rights Council to put an end to the Independent Expert’s mandate, an act that would strengthen the cooperation between the Government of Sudan and the Council. Others said that there remained an urgent need to promote human rights and accountability in Sudan and the Council and the international community needed the Independent Expert in Sudan more than ever. So long as hostilities and human rights violations continued, the Council must continue the Independent Expert’s mandate. Speakers noted that in South Kordofan hundreds had been killed and tens of thousands had been displaced since fighting began in June. Some speakers noted that the legal measures taken by Sudan had met the requirements of the Independent Expert on the situation in South Kordofan and Abyei and thus there was no need for a special investigation. Others said that they supported an international independent investigation into allegations of war crimes and crimes against humanity committed by both parties during the conflict in Southern Kordofan.

Speaking on the situation on human rights in Sudan were Qatar, United States, Egypt on behalf of the Arab Group, Bahrain, Senegal on behalf of the African Group,
European Union, Russian Federation, Austria, Saudi Arabia, Pakistan on behalf of the Organization of the Islamic Conference, Denmark, Japan, Switzerland, United Kingdom, Netherlands, United Arab Emirates, France, Algeria, Germany, Mexico, Kuwait, Turkey, Ireland, Sweden, Slovenia, India, Republic of Korea, Ethiopia, Slovakia, Romania, China, Egypt, Czech Republic, Burkina Faso, Thailand, Belgium, Norway, Canada, Spain, Maldives, Syria, Australia, Benin, Lebanon, Brazil, Bangladesh, Morocco, and Oman.

The following non-governmental organizations also took the floor: Amnesty International, International Committee for the Respect and Application of the African Charter on Human and Peoples Rights, Action international pout la paix et le developpement dans la region des Grands Lacs, Sudan Council of Voluntary Agencies, Human Rights Watch, and Al Zubair.

On the situation of human rights in Belarus, Kyung-wha Kang, the United Nations Deputy High Commissioner for Human Rights, presented the report of the High Commissioner for Human Rights on Belarus, saying that the preparation of the report had been challenging due to the lack of a presence of the Office of the High Commissioner for Human Rights in the country. Still, the information collected through monitoring the situation from Geneva and from secondary sources had enabled the Office to distil a pattern of violations in the human rights situation in Belarus following the December 2010 presidential elections. Regarding the legal framework, the Criminal Code of Belarus was excessive and was particularly restrictive in regulating the rights to freedom of expression, association and assembly. The human rights situation in the country had significantly deteriorated following the December 2010 presidential elections, monitored by a number of international observers whose conclusions presented discrepancies concerning the compliance of the elections to the standards for democratic elections. Ms. Kang requested the authorities in Belarus to accept the mission of the Office of the High Commissioner for Human Rights to Belarus in order to assess directly and objectively the human rights situation and engage in a constructive dialogue.

Belarus, speaking as a concerned country, said the resolution on Belarus adopted at the seventeenth session of the Council was not credible and enjoyed no support. It contradicted the institution-building package of the Human Rights Council. The information in the Deputy High Commissioner for Human Rights’ statement was inaccurate and biased. Belarus had refused to cooperate with the Office of the High Commissioner for Human Rights for principle reasons. First, Belarus disagreed with the policy of the European Union in the Human Rights Council presenting Belarus as a special case of non-compliance in the field of human rights. Belarus had many questions for the human rights situations in the European Union’s Member States that should be monitored by the Office of the High Commissioner, but it did not do anything about them. Second, the resolution had nothing to do with the European Union’s concern for human rights, but was designed to promote by all means its political interests in Belarus aiming to overthrow the acting Government. Belarus intended to further cooperate with the Office of the High Commissioner in the context of the implementation of the Universal Periodic Review recommendations and they were working with the Office in this direction. The Deputy High Commissioner acknowledged in her speech that her information was based on “secondary sources” and that some allegations needed to be verified. As a result, the Council had before it a set of incorrect assessments and interpretations.

The interactive dialogue on Belarus will be continued on Wednesday, 21 September.

The Council today is holding a full-day of meetings from 9 a.m. to 6 p.m. During the midday meeting, the Council will hold a clustered interactive dialogue with the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples and the Expert Mechanism on the Rights of Indigenous Peoples. During the afternoon meeting, it will hold a panel discussion on the role of languages and culture in the protection of well-being and identity of indigenous peoples.

Interactive Dialogue on the Situation of Human Rights in Sudan

MANSOOR ALSULAITIN (Qatar) said the report of the Independent Expert reflected recent developments and improvements in Sudan. Qatar noted important developments including the referendum and the Comprehensive Peace Agreement. The report noted the determination of the Government of Sudan to resolve matters via dialogue. Qatar had facilitated for two years talks between the Government and armed groups that had led to the Doha agreement. The report also noted improvements in the situation in Darfur. Qatar asked what role the international community could play to convince the other armed groups in Sudan to join negotiations and sign the Doha document. Qatar called on the Human Rights Council to put an end to the Independent Expert’s mandate, an act that would strengthen the cooperation between the Government of Sudan and the Council.

EILEEN CHAMBERLAIN DONAHOE (United States) said that the report of the Independent Expert came at a crucial time as South Sudan had become the world’s newest independent State. There remained an urgent need to promote human rights and accountability in Sudan. The Council and the international community needed the Independent Expert in Sudan more than ever. Hostilities and serious human rights violations persisted in Sudan. The United States was particularly alarmed by the deteriorating situation in South Kordofan and the Blue Nile states. In South Kordofan hundreds had been killed and tens of thousands had been displaced since fighting began in June. The Government of Sudan had impeded humanitarian access, compounding the suffering. In Darfur, violence and human rights violations continued on a large scale; the Government of Sudan continued to restrict civil society. The Independent Expert reported that media restrictions, harassment and arrest of journalists and arbitrary detentions continued. So long as hostilities and human rights violations continued, the Council must continue the Independent Expert’s mandate. The United States shared the concern of the Independent Expert over the reports of civilian deaths in Upper Nile and Unity regions. The international community should continue to help South Sudan meet its challenges. It was essential that the Council supported the issues that the Independent Expert had highlighted and helped South Sudan promote accountability, strengthen its justice system and build up the institutions needed for the protection of human rights.

HIBA MOSTAFA RIZK (Egypt), speaking on behalf of the Arab Group, said the Arab Group had reviewed the report of the Independent Expert on the situation in Sudan and commended the cooperation of the Government of Sudan with the Independent Expert, which demonstrated how keen Sudan was to improve its work in the field of human rights. The success of the referendum which led to the establishment of South Sudan as an independent State demonstrated the credibility of the Government of Sudan in fulfilling the aspirations of its people. The Independent Expert referred to the improvement in Darfur and the measures taken to reduce tribal conflict. Concerning the negotiations held in Doha, the Arab Group thanked Qatar for hosting them and it also thanked other countries for their mediation. The Arab Group called on all armed groups to sign the peace document. Concerning Abyei and South Kordofan, the Arab Group had studied the real reasons for these events and noted that the legal measures taken by Sudan had met the requirements of the Independent Expert and thus there was no need for a special investigation. The Arab Group hoped that Sudan would receive the necessary technical assistance to implement its Universal Periodic Review recommendations and would be given time to resolve the issues in its country without selectivity and interference.

BUDOOR ABDULAZIZ AHMED (Bahrain) said the signing and implementation of the Comprehensive Peace Agreement and the efforts made by the Sudanese Government were welcome and Bahrain encouraged the Sudanese Government to continue its efforts. One of the biggest challenges was to strengthen the capacity of the Sudanese Government at all levels. Bahrain called on all stakeholders such as the United Nations and its specialized agencies to strengthen Sudan through their aid efforts. Bahrain noted a recent Arab League resolution that stressed the efforts made by the Sudanese Government in cooperation with the United Nations Mission in Darfur. The resolution stressed the improvement of the situation and welcomed the Government’s position and attempts to meet basic humanitarian needs and provide support. The resolution also welcomed efforts made to encourage voluntary returns.

MOUHAMADOU LAMINE THIAW (Senegal), speaking on behalf of the African Group, said that the interactive dialogue with the Independent Expert on the situation of human rights in Sudan represented an opportunity for the Government of Sudan to show how it had improved the human rights situation. Senegal congratulated the Sudanese Government for the cooperation it had shown. The Independent Expert had noted certain important developments concerning human rights and his report had mentioned the successful referendum on self-determination and the efforts made to guarantee security in the process that led to the establishment of South Sudan. The report noted the reduction of violence in Darfur, thanks to the stepping up of efforts by the Sudanese Government; and noted the signing of the Doha agreement for peace in Darfur on 14 July 2011. Sudan had just gone through the Universal Periodic Review and had shown its full willingness to participate in the process; Sudan’s commitment to accept a great number of recommendations had also shown its resolve. The African Group called upon the Council to adopt a constructive and consensual approach concerning the mandate of the Independent Expert. The African Union had provided and continued to provide efforts to bring about peace in Sudan by participating in the joint mediation, in addition to its contribution through peacekeeping forces on the field in a United Nations mandated operation.

MARIANGELA ZAPPIA (European Union) said that the European Union had on several occasions expressed its concern about the situation in Southern Kordofan and the Blue Nile states of Sudan. The recent Office of the High Commissioner for Human Rights report contained allegations of gross human rights violations which this Council could not ignore. Regarding Darfur, only six out of forty-five recommendations by the Group of Experts were implemented. The European Union remained gravely concerned about widespread allegations of arbitrary arrests and detentions, torture and incommunicado detention by the National Security Service. The Independent Expert recommended that the Government of Sudan should continue to review national laws to conform to international human rights standards and the European Union urged the Government to implement this recommendation without delay. What immediate steps were necessary to ensure that human rights defenders, humanitarian workers, members of the political opposition, journalists and other civil society members were not intimidated, arrested, detained, ill-treated or tortured by States’ agents. The European Union strongly supported the renewal of the mandate.

DEMITRI REPKOV (Russian Federation) said the Russian Federation viewed positively that the parties were able to implement the Comprehensive Peace Agreement despite ongoing issues. Russia welcomed the signing in Addis Ababa of an agreement for the establishment of a demilitarized zone between the northern and southern regions and a peace keeping force under a United Nations flag. Russia hoped that the implementation of this agreement would normalize the situation in the Abyei region. Russia believed it was necessary to cooperate with the Government of Sudan in the South Kordofan region, including bringing perpetrators of offences to justice. Russia supported and approved of efforts made at establishing the political situation in Darfur with a view to stabilizing security issues and allowing people to return.

CHRISTOPHE STROHLE (Austria) thanked the Independent Expert for his report and presentation and acknowledged positive developments such as the peaceful process leading to the independence of South Sudan. The Council should continue to focus on the situation until significant process had been made in the implementation of all the recommendations. The national security services continued to abuse their powers, subjecting citizens, including human rights defenders, to violations. The Government should take steps to repeal the 2010 National Security Act. Austria was concerned about restrictions to freedom of expression and assembly and asked the Independent Expert if enough steps had been taken to protect press freedom and other measures that could be taken to ensure compliance with international standards. Concerning investigations into the alleged violations in South Kordofan, Austria attached great importance to the struggle against impunity and urged the Government to ensure that perpetrators were brought to justice. The situation in Darfur should not be ignored. The Independent Expert noted a deterioration of the situation this year. An inclusive process was needed to ensure that the region could participate in national processes and benefited from development.
YAHYA HASSAN NASER ALQAHTANI (Saudi Arabia) said Saudi Arabia commended the Government of Sudan on the cooperation it had extended to the Independent Expert to carry out his mandate which showed Sudan’s determination to promote and protect human rights. The self-determination referendum for South Sudan and the recognition of the South Sudan State by the Government of Sudan were important achievements. Saudi Arabia noted the legal efforts made by the Sudanese Government to improve the human rights situation in Abyei, Darfur and South Kordofan and welcomed the signing of the peace document in Doha, Qatar, last July, a positive step to establish peace and promote human rights. The setting up of Commissions to investigate the events that took place in Abyei and South Kordofan would improve the situation on human rights in these areas. Saudi Arabia stressed the importance of dialogue and cooperation with the Government of Sudan, which had spared no effort to cooperate with all human rights mechanisms and urged that any actions the Council wished to taken on Sudan should involve the Government of Sudan.

MUHAMMAD SAEED SARWAR (Pakistan), speaking on the behalf of the Organization of the Islamic Conference, said the Organization of the Islamic Conference commended the cooperation of the Government of Sudan with the Independent Expert. The Organization of the Islamic Conference welcomed the wide range of improvements in the situation of human rights in Sudan. The report acknowledged the abatement of violence in Darfur. The report also noted the positive steps taken by the Government to combat sex and gender based violence. The Organization of the Islamic Conference welcomed the domestic measures undertaken by the Government of Sudan to address the situation in Abyei and South Kordofan and as such the Organization of the Islamic Conference did not call for an investigation to be conducted by an outside body.

STEFFEN SMIDT (Denmark) said the implementation of the comprehensive peace agreement and the process leading to the establishment of South Sudan constituted important achievements after many years of protracted conflict. Regrettably the human rights situation did not seem to have improved but appeared to have further deteriorated. There were reports of air bombardments of non-military targets close to the border of South Sudan. Verification of these attacks was difficult. UNMIS had ceased operations and United Nations and international humanitarian organizations did not have access to these areas. As many as 250,000 people were reported to have fled South Kordofan and the Blue Nile states. In Darfur the continued encounters between the army and other armed groups negatively affected the humanitarian situation. For these reasons, Denmark urged the Government of Sudan to immediately allow United Nations access to the affected areas of South Kordofan and Blue Nile in order to assess the human rights situation and the need for humanitarian assistance and urged parties to stop fighting and start negotiations.

OSAMU SAKACHITA (Japan) said Japan welcomed the self-determined decision taken by the referendum as well as the peaceful establishment of the State of South Sudan. Violations of human rights by Government authorities in Sudan mentioned in the report, such as arbitrary arrests and the detention of civilians, including human rights defenders and journalists, must cease immediately. Based on Japan’s close bilateral relationship with Sudan, Japan would continue to hold human rights dialogues with the Government of Sudan in a spirit of cooperation and it recognized the positive attitude shown by Sudan in talks with Japan. Sudan and South Sudan were top priority countries for peace stability efforts by Japan and it would continue to cooperate with the international community to assist with the nation building of South Sudan to the greatest extent possible.

DANTE MARTINELLI (Switzerland) said that Switzerland would like to congratulate Sudan on the implementation of the Comprehensive Peace Agreement. Switzerland strongly supported the recommendation of the Independent Expert on the importance of pluralism. Switzerland particularly stressed the importance of freedom of expression and freedom of association. What steps could be taken to facilitate the relationship between the Government and civil society? Switzerland was concerned about impunity in Sudan as perpetrators of serious crimes had not been brought to justice. All accusations of violations of human rights should be investigated properly and perpetrators brought to justice. Switzerland asked what tangible measures should be taken to protect the civilian position and combat impunity. Because of the violence that had broken out in South Kordofan and Abyei, Switzerland strongly supported the Independent Expert’s recommendation to the two Governments to ensure better protection for the civilians positioned in these areas and guarantee that civilians were not intimidated, detained or arbitrarily arrested. The situation had improved but Switzerland was strongly in favour of renewing the mandate for Sudan.

PETER GOODERHAM (United Kingdom) said that as the report of the Independent Expert had recognized, this had been a historic year for Sudan. The United Kingdom commended the statesmanship Sudan had shown in allowing the people of South Sudan to exercise their right to independence. The United Kingdom supported the recommendation for Sudan to reform its legal framework in line with international standards. With the departure of the United Nations mission in Sudan, the only independent human rights monitoring of this worrying situation would be that mandated by this Council. The United Kingdom called on Council members to support a strong mandate for an Independent Expert who could continue to engage with the Government of Sudan on these issues. The United Kingdom congratulated South Sudan on its independence and called for an end to human rights violations in South Sudan. The United Kingdom invited the Government of South Sudan to work closely together with the United Nations Mission in South Sudan and to consider what further assistance this Council should provide.

BOUDEWIJN J. VAN EENENNAAM (Netherlands) said the Netherlands was concerned about new violent conflicts which had broken out in the border regions of Abyei, Southern Kordofan and the Blue Nile states and it supported an international independent investigation into allegations of war crimes and crimes against humanity committed by both parties during the conflict in Southern Kordofan. The Netherlands called on the Government of Sudan to permit humanitarian access to the areas of the Blue Nile and the South Kordofan states to assist the affected population. So far the Government of Sudan had not been willing to permit humanitarian access, except for the Sudanese Red Crescent. The Netherlands strongly supported the extension of the mandate of the Independent Expert.

SHEIKHA SALMAN AL ZAABI (United Arab Emirates) said the Sudanese Government was making genuine and concrete efforts to improve the human rights situation in Darfur. The signing of the Darfur peace agreement in Doha and the holding of a historic referendum were highlighted. The commitment of Sudan to cooperate should be rewarded. The international community should appreciate Sudan’s efforts and provide technical assistance so it could implement all of the recommendations of the Independent Expert.

EMMANUEL PINEDA (France) welcomed the cooperation of Sudanese authorities with the Independent Expert. This cooperation should be reinforced to allow the Expert to fulfil his mandate and have access to those areas where grave violations had been noted. France called on the Government to implement the recommendations of the report and to put an end to limitations on the freedom of the press. France supported the idea of an international commission of inquiry and urged authorities to cooperate with the Independent Expert and other United Nations mechanisms. France inquired how the Independent Expert aimed to continue to reinforce his cooperation with the Sudanese authorities in order to implement the priorities identified in his report. France reiterated its full support for the actions of the Independent Expert. It was important to renew his mandate and establish a mechanism to address the situation in South Sudan and provide the State with the necessary assistance to reinforce the national mechanisms for the protection of human rights.

IDRISS JAZAIRY (Algeria) said Algeria welcomed the cooperation of the Sudanese Government with the Independent Expert and commended the establishment of the State of Southern Sudan. Algeria hoped that the principle of self-determination that had applied in Sudan would apply to people in areas where self-determination had not yet been exercised. Algeria said peace would be strengthened due to the agreement signed in Doha, Qatar and noted there were monitoring mechanisms the Council could use to review the human rights situation in Sudan.

REINHARD SCHWEPPE (Germany) said the report of the Independent Expert had commented on the deteriorating security situation in Southern Kordofan. Germany reiterated its call for an independent international investigation in the events in Southern Kordofan. Only six out of 45 recommendations on Darfur had been implemented. The new Government of South Sudan would clearly need the support of the international community. Germany saw the need for an Independent Expert to assist the country and make recommendations. Germany asked what should be the mandate of an independent investigation in South Kordofan.
JUAN JOSE GOMEZ CAMACHO (Mexico) said the people of Sudan had suffered as only a few peoples had ever suffered in recent history. The conflict which had claimed thousands of lives and the human rights violations denounced in Sudan could not be ignored. The report attested to major improvements and positive aspects in the field, including the referendum and the relatively peaceful transition towards independence. Mexico welcomed Sudan as the 193rd member of the United Nations. Both countries had serious issues remaining to be addressed, not only with respect to the peace process, but including citizenship, management and administration of national resources. The major challenge was remained the development of institutions to guarantee the rights of its citizens. In this context Mexico was convinced that the Council and its mechanisms could contribute to the efforts of both countries in the respect and protection of human rights within their borders.

TALAL ALMUTAIRI (Kuwait) said Kuwait had reviewed with great interest the report by the Independent Expert and expressed its appreciation on the positive cooperation undertaken by the Government of Sudan with the mandate. The peace agreement signed in Doha, Qatar would allow for the achievement of peace and the brotherly aspirations of the new State of South Sudan. Kuwait recommended that the mandate under item 4 should be ended and replaced with technical assistance as this would allow Sudan the resources and expertise to further protect and protect human rights.

YAPRAK ALP (Turkey) said the report of the Independent Expert was a solid basis for further work in this area. Turkey would continue to support both governments of North and South Sudan. The crucial elements of the Comprehensive Peace Accord which had not been implemented should remain under consideration. Ongoing inter-communal conflicts in South Kordofan, Blue Nile, Abyei and Darfur states should be solved in a peaceful way. Access for humanitarian relief actors should be allowed: the United Nations particularly should be allowed to reach people in need. Turkey encouraged both Governments to seek technical assistance and capacity building support from relevant United Nations agencies and other international organizations in the fields of democratization and human rights and to provide human rights training for judges, public prosecutors and law enforcement officials.

GERALD CORR (Ireland) said the human rights situation in Sudan continued to face many challenges. The situation with regards to human rights in Sudan remained one of great concern, in particular in the Abyei and South Kordofan areas. Ireland called for full access to be granted to international agencies so that they may reach those in need. Ireland was particularly concerned about the recommendation of the Independent Expert as regards to the safety and the treatment of human rights defenders, humanitarian workers, and members of the opposition. Ireland believed that the situation continued to require international attention and strongly supported the renewal of the mandate of the Independent Expert, and encouraged continued dialogue and engagement by all parties in advancing the cause of human rights in Sudan.

JAN KNUTSSON (Sweden) said Sweden welcomed the cooperation that the Government of Sudan had extended to the Independent Expert so far and its increased engagement with United Nations human rights institutions. The importance of the exchange of information and constructive dialogue on human rights could not be overstated and the Human Rights Forum had in the past served as a constructive arena for such exchanges between the Government and international partners in Khartoum. Sweden would like to encourage the Government of Sudan to re-establish the Human Rights Forum. Sweden asked the Independent Expert which urgent measures should be taken by the Sudanese Government to open up more political space for the full realization of human rights. Sweden called upon the parties concerned in the Border States, including the Sudan People’s Liberation Army-North, to grant unhindered humanitarian access to all aid organizations in order for them to provide needed assistance to displaced persons. Sweden urged the Council to renew the Independent Expert’s mandate on the situation of human rights in Sudan.

MATJAZ KOVACIC (Slovenia) said Slovenia was particularly dismayed about the reports of gross human rights violations committed against the civilian population in the Nuba Mountains. The Independent Expert had called on the Human Rights Council to order an independent investigation into alleged violations of human rights and humanitarian law during the conflict in Southern Kordofan. Slovenia fully supported the request for independent and meaningful investigations. Slovenia extended strong support for the extension of the mandate of the Independent Expert.

GOPINATHAN ACHAMKULANGARE (India) said India welcomed South Sudan as the newest member of the United Nations and commended the leadership of both Sudan and South Sudan. India commended the release by Sudan of 2,000 detainees convicted of minor crimes and its participation in its Universal Periodic Review in May 2011. India shared many of the concerns expressed by the report concerning the deteriorating security and humanitarian situation in Southern Kordofan and Darfur. India congratulated the Governments of Sudan and South Sudan on the launch of the Abyei Joint Oversight Committee on 8 September. The Independent Expert had made a number of recommendations including the review of national laws, investigating alleged violations of human rights and settlement of outstanding issues of the peace agreement. The international community must spare no efforts to enable Sudan to establish an environment in which civil, political, economic, social and cultural rights, including the right to development, could be full enjoyed by its citizens. India stood ready to support ongoing efforts at achieving lasting peace and prosperity in the region.

SOONCHUL KWON (Republic of Korea) said the Republic of Korea welcomed the outcome of the peaceful referendum in January of this year which gave birth to the Republic of South Sudan. Nevertheless, concerns still remained regarding the overall human rights situations in the region, including civilians suffering from violence, allegations of a wide range of violations of human rights such as arbitrary arrests by national security agencies, violence against women, and widespread impunity and lack of accountability. The Republic of Korea called on the Governments of Sudan and South Sudan to end human rights violations and impunity by implementing the recommendations made by the Independent Expert, including making sincere efforts to protect civilians, respect international law and ensure accountability, as well as to guarantee unhindered access by the United Nations and all humanitarian assistance to areas affected by violence. The Republic of Korea recognized the need for carrying out an independent and credible investigation into the allegations of serious violations of human rights in the state of South Kordofan.

MINELIK ALEMU GETAHUN (Ethiopia) said Ethiopia commended the cooperation of the Government of Sudan with the Independent Expert and with the missions of the United Nations and the African Union in Sudan in the discharge of their mandates. Ethiopia urged the Human Rights Council to support a technical cooperation mandate requested by the Government of the Sudan and called on all actors to extend their capacity building support.

FEDOR ROSOCHA (Slovakia) said that Sudan had undergone major historical changes, including the referendum on self-determination for South Sudan. Despite the aforementioned progress, the human rights situation in Sudan was still far from perfect. There were major concerns regarding very fundamental rights and violations. Unlawful detentions, extrajudicial killings, torture and ill-treatment continued to be reported on a large scale basis. Human rights training of law enforcement personnel should be granted a very high priority to prevent the excessive, disproportionate use of force. Of particular concern was the situation in Southern Kordofan. The hostilities in the area had subjected its population to a serious humanitarian crisis. Slovakia called upon the Government of Sudan to ensure free and unhindered access for humanitarian assistance to the area. Slovakia shared the observations and supported the recommendations of the report. At this critical juncture the continuation of the country mandate on Sudan was imperative. Finally, Slovakia asked the Independent Expert about his view on the future role of the United Nations and international community in ensuring due accountability for alleged international humanitarian and human rights law violations and bringing perpetrators to justice.

MARIA CIOBANU (Romania) said Romania commended the cooperation of the Government of Sudan with the International Expert but said that the human rights situation in Sudan still required serious consideration. Recent developments in Abyei, South Kordofan and Blue Nile states had brought additional reasons for concern as too many innocent citizens had been victims of arbitrary abuses, violent clashes and political repression. Constructive engagement and dialogue with the international community was crucial at this point and Romania called on the Government of Sudan to do its utmost to facilitate humanitarian assistance to all affected populations, including persons displaced by the fighting in Darfur. Romania asked what prospects existed for resuming the activity of the Khartoum and Darfur Human Rights Forums since they had proved to be useful mechanisms for the exchange of information and dialogue on human rights concerns among the Government, the United Nations and international partners.

XIA JING GE (China) said China hoped that both Sudan and South Sudan would adhere to the choice of peace and settle their differences and achieve good neighbourly relations. China had always supported the North South peace process in Sudan. China was concerned about recent developments in South Kordofan and Blue Nile states and supported the mediation efforts of the African Union high-level implementation group. The international community should respect Sudanese sovereignty and avoid actions that might lead to further complication of the situation between the two States – Sudan and South Sudan.

HIBA MOSTAFA RIZK (Egypt) said Egypt commended the efforts of the Independent Expert for his report and the cooperation of the Government of Sudan. It was true that positive developments had taken place, specially the efforts made by the Government of Sudan to prevent violations of human rights, the signing of a peace agreement, and the establishment of South Sudan. Naturally there remained challenges to be addressed but Egypt remained confident about the capacity of the Government to deal with them. With regards to concerns about the events in Abyei and Darfur, Egypt would allude to the efforts of the Government of Sudan to improve the human rights situation in general, including the restoration of security in Blue Nile and South Kordofan states. An international investigation of human rights violation was not necessary. This was the same consensual approach previously taken by the Council with success and Egypt hoped that the Council would once again follow this path.

KAREL KOMAREK (Czech Republic) said the Czech Republic commended the successful conduct of the South Sudan referendum which had been held in a peaceful and credible manner. Nevertheless, the Czech Republic believed that the overall human rights situation in Sudan clearly merited continued monitoring by the Human Rights Council. Concerning the delay in holding the referendum in the disputed region of Abyei and unresolved issues such as citizenship arrangement or border demarcation, could the Independent Expert explain how the African Union sponsored road map for the future of Abyei was being put into practice? The Czech Republic asked if any measures had been taken to protect civilians against anti-personnel land mines in Kadugli town. The Czech Republic supported the continued existence of the mandate of the Independent Expert on the human rights situation in Sudan.

SABINE BAKYONO KANZIE (Burkina Faso) said Burkina Faso welcomed the efforts of the international stake holders that led to the establishment of the State of South Sudan and the signing of the peace agreement in Darfur. The international community should provide technical assistance to back up the implementation of human rights in Sudan and South Sudan. Burkina Faso encouraged the cooperation of both delegations with the Council.

SIHASAK PHUANGKETKEOW (Thailand) said that despite the achievements, many challenges remained and Thailand shared many concerns with the Independent Expert and encouraged the Sudanese Government to consider implementing the recommendations by the Group of Experts as well as those related to Darfur without delay. Thailand encouraged both Sudan and South Sudan to address the outstanding issues in the peace agreement, including political consultation in South Kordofan and Blue Nile states as well as the Abyei referendum. Measures should be taken by all parties to end the violence in South Kordofan and actors bringing humanitarian assistance should receive unhindered access. Thailand urged the Sudanese Government to investigate all allegations of human rights violations in the country and to bring perpetrators to justice. Thailand believed that human rights must go hand in hand with development and maintenance of peace and stability and was thus pleased to have contributed to the United Nations mission in Sudan and UNAMID peacekeeping operations. Thailand was committed to strengthening development cooperation with Sudan in areas such as sustainable development, public health and education.

YANNICK MINISIER (Belgium) said Belgium welcomed the historic referendum on the self-determination for South Sudan held at the beginning of the year and that the Government of Sudan had respected the outcome. However, Belgium remained concerned about the ongoing violence in a number of areas such as Abyei, South Kordofan, Blue Nile and Darfur, along with the arrests of journalists and members of political opposition groups. Belgium was alarmed about the more than 75,000 new internally displaced people in Abyei, South Kordofan and the Blue Nile areas. Humanitarian access and human rights monitoring in areas affected by violence continued to be denied on a random basis by the Sudan Armed Forces. Belgium called on the Governments of Sudan and South Sudan to allow access for United Nations human rights monitors and humanitarian workers and hoped that allegations of human rights violations would be investigated, not least the attack on the United Nations human rights director in South Sudan. Belgium strongly supported the extension of the mandate of the Independent Expert and called for an independent investigation into reported human rights violations in South Kordofan and the establishment of an international human rights presence in that area.

STEFFEN KONGSTAD (Norway) said Norway urged the Governments of Sudan and South Sudan to seize the opportunity to strengthen fundamental human rights in the laws now being drafted and revised and to foster a political culture which allowed the citizens to freely exercise their legitimate social and political rights. Norway shared the concerns of the Independent Expert regarding reports on the serious violations of international criminal and humanitarian law in Sudan. The first immediate steps should be the opening to full humanitarian access for the United Nations to all parts of Darfur, the Blue Nile, Abyei and South Kordofan. Armed clashes in South Sudan represented serious breaches of human rights obligations. South Sudan had little capacity to dispense justice through the formal system which was one reason for wide spread impunity. Norway supported calls for the renewal of the Independent Expert’s mandate as well as a new mandate for technical assistance and capacity building in South Sudan.

MANON BOISCLAIR (Canada) said Canada welcomed South Sudan to the international community as an independent State. The report of the Independent Expert underlined a number of important challenges in the area of human rights, including efforts to professionalize security services and enhance accountability. In this regard Canada posed a number of questions and inquired about what general efforts were being made to professionalize security services and enhance accountability. Canada noted with concern the regular occurrence of violent inter-communal chashes including wide-scale destruction of property, theft and abduction and asked about the Government’s efforts in South Sudan to ensure the protection of vulnerable populations and to bring those responsible to justice. Canada noted that the situation of women in South Sudan was precarious due to rampant poverty and traditional customary law practices that violated women’s rights and was concerned about the violence in South Kordofan and Blue Nile State. Canada asked which measures were being taken to protect vulnerable populations, particularly in the case of women. Concerning violence in South Kordofan and the Blue Nile states, what were parties doing to ensure the cessation of hostilities. What measures were being taken to protect the rights of religious minorities? Concerning the alarming number of journalists and activists who had been illegally detained, Canada called on the Government of Sudan to respect the freedoms guaranteed in its constitution.

JAVIER PARRONDO BABARRO. (Spain) said the human rights situation in Sudan continued to be a matter of deep concern, especially the violence in South Kordofan, and Spain noted the particular acts of violence targeted against the ethnic Nuba. Spain supported the mediation work headed up by the former President of South Africa Mbeki and called on the Sudanese authorities to permit humanitarian access without delay to South Kordofan. Spain strongly supported the renewal of the Independent Expert’s mandate on the situation of human rights in Sudan and called for an independent investigation into the violence committed in South Kordofan through the creation of an Independent Commission of Investigation in the Council.

IRUTHISHAM ADAM (Maldives) said the Maldives believed that dialogue was essential between South Sudan and Sudan and it was crucial to address issues such as citizenship arrangements, border demarcation and wealth sharing between the two countries.
The Maldives agreed with the Independent Expert’s recommendation to South Sudan concerning ratification of the key international human rights conventions. The Maldives welcomed efforts by the Sudanese authorities to investigate and address the incidents that took place in Abyei and South Kordofan. Such an investigation should be independent, impartial and transparent. The Maldives said the international community should continue to provide technical and financial assistance to Sudan and South Sudan.

DANNY AL-BAAJ (Syria) said Syria had reviewed the report of the Independent Expert on the situation in Sudan. The report confirmed the Government of Sudan’s collaboration with the Council and its mechanisms for the protection of human rights in Sudan. Sudan had successfully carried out the referendum that supported the establishment of South Sudan, which showed its commitment to peace. The delegation of Sudan had informed the Council about the facts of the matter in Abyei and South Kordofan and, while the report of the Independent Expert called for an international investigation, Syria believed that the measures taken by Sudan were capable of restoring normality and any internal interference would complicate matters further. Syria called on the Council to deal positively with the current situation in Sudan without politicization and in the context of technical assistance rather than in that of a country mandate.

RUTH STONE (Australia) said Australia welcomed the efforts of the Government of Sudan to ensure a peaceful and credible referendum which resulted in the establishment of the State of South Sudan. Australia remained concerned by the lack of progress made by both parties to the conflict to resolve the outstanding issues of the Comprehensive Peace Agreement, notably the situation in Abyei. Australia was deeply concerned by the deteriorating security situation in Darfur, which had contributed to serious human rights abuses and the ongoing perpetration of sexual and gender-based violence. Australia strongly supported the call of the Independent Expert for the abuses committed by the Sudan People’s Liberation Army and the Southern Sudanese Police Service to be investigated with the findings to be made public and for the alleged perpetrators to be brought to account.

PATRICK HOUNYEAZE (Benin) said that Benin congratulated the Government of Sudan on its cooperation with the Independent Expert. The Governments of Sudan and South Sudan had both made efforts to improve the protection of human rights. Much remained to be done with regard to discriminatory laws against women, peaceful protests, censoring of the media and arbitrary arrest of human rights defenders and journalists.

RANA MOKADDEM (Lebanon) said Lebanon welcomed the report of the Independent Expert which referred to the efforts of the Government of Sudan, the success of the referendum and accepting its results and the independence of South Sudan. Sudan had cooperated with all United Nations mechanisms, the Office of the High Commissioner for Human Rights and the peacekeeping forces. Lebanon called upon the Council to provide a technical assistance mandate to contribute to the efforts of Sudan and hoped that current border issues would be settled in order to achieve peace and economic prosperity for all Sudanese citizens, including social and economic rights.

JOAO ERNESTO CHRISTOFOLO (Brazil) said Brazil had commended the balance in the report of the Independent Expert which reflected the complexity of the situation on the ground. Continued armed conflict between both sides in Sudan made it difficult to reach a comprehensive peace and the border conflicts in Abyei, South Kordofan and the Blue Nile had led to new human rights violations. Brazil urged all relevant parties to engage in a frank dialogue, reconcile, establish mutual confidence and disarm armed groups. Both Sudanese and South Sudanese officials had to permit humanitarian access to affected areas. It was important that both Sudan and South Sudan cooperated with regional and international human rights mechanisms and Brazil urged that South Sudan accede to the core human rights mechanisms and that technical assistance be provided to achieve this aim. In the context of armed conflict, international human rights mechanisms must carry out their activities in an impartial, objective and non-political manner.

NAHIDA SOBHAN (Bangladesh) said the report of the Independent Expert had revealed many achievements. The report revealed the good intentions of the Government of Sudan in their efforts. Bangladesh commended the release of 2,000 detainees. Bangladesh appreciated the role of Qatar and the African Group’s high-level implementation group’s role in negotiating a settlement in Darfur. Peace, security and development were essential for securing human rights in Sudan. It was important for Sudan to be provided with technical assistance.

MOHAMED ACHGALOU (Morocco) said that Morocco had taken note of the report of the Independent Expert. The report highlighted the efforts and cooperation of Sudan with the Expert since the beginning of the mandate. Morocco welcomed the measures taken by the Sudanese Government to protect human rights, while taking into account current circumstances and noting the importance of putting an end to violence. This dialogue was an opportunity to discuss the situation and highlight the cooperation of the Government for the protection of human rights as was clear in Sudan’s acceptance of a number of recommendations. Morocco underlined the recommendation of the Independent Expert to continue to provide assistance to the Government of Sudan to address the human rights situation and its efforts to live in prosperity with respect for human rights, while respecting its civilization, culture and aspirations.

AHMED ALKATHAIRI (Oman) said Oman commended the efforts and cooperation extended by the Government of Sudan to the Independent Expert throughout his mandate. Oman observed that many positive developments had taken place in Sudan, most importantly the successful self-determination referendum of South Sudan and the establishment of an independent State of South Sudan. The Government of Sudan had always cooperated with the Human Rights Council and Oman called for technical assistance to be provided to Sudan without a renewal of the mandate on the human rights situation in Sudan.

PATRIZIA SCANELLA, of (Amnesty International) said their comments would be focused on the area of Southern Kordofan. Indiscriminate bombing had displaced 200,000 people since June 2011. The report by the Office of the High Commissioner for Human Rights had documented extrajudicial killings and arbitrary arrests of civilians. Amnesty International recommended the renewal of the mandate of the Independent Expert and supported a new mandate of technical assistance for South Sudan.

MALUZA WASILUADIO MAVULA, of International Committee for the Respect and the Application of the African Charter on Human and Peoples' Rights, said the Independent Expert indicated the progress and challenges to be met. The International Committee welcomed that the referendum took place in an atmosphere free of violence. The Human Rights Council must support the efforts of the Government with strict respect for the sovereignty of Sudan. Protection of human rights had become a convenient alibi for the western powers in their pursuit of natural resources.

MAURICE KATALA, of Action internationale pour la paix et le développement dans la région des Grands Lacs (AIPD), said since the Darfur conflict the country had been on the verge of being split up by the claims to autonomy put forward by South Kordofan. Peace was a priority as attested by the organization of a referendum on self-determination of South Sudan in accordance with the peace treaties. Concerning the situation in South Kordofan, Action international urged parties to respect human rights and firmly condemned the violations. The Sudanese Government should live up to its responsibility to protect human rights.

KAMAL ELDIN MOHAMED KHAIR, of Sudan Council of Voluntary Agencies, in a joint statement, said that the referendum proved the good intentions of the Government of Sudan and the Sudan Council of Voluntary Agencies called upon the Government to provide the necessary machinery to implement the laws, including the act on children and the multi-party system. The Sudan Council of Voluntary Agencies also called upon the international community, the United Nations, the Office of the High Commissioner for Human Rights, and civil society to contribute to these projects. National machinery should be established for the protection of human rights in Sudan, and support from the international community was needed for domestic actors to fulfill their responsibilities.

PHILIPPE DAM, of Human Rights Watch, called on the Human Rights Council to investigate the violations committed in South Kordofan and in the Blue Nile region and urged the Government of Sudan to immediately stop indiscriminate bombing in civilian areas and to immediately allow unhindered access to international humanitarian groups, journalists and human rights monitors. It was incumbent on the Human Rights Council to urge the Sudanese authorities to stop human rights violations, promote accountability and make long overdue democratic reforms. Human Rights Watch also called on the Human Rights Council to establish a mandate for an Independent Expert on the situation of human rights in South Sudan.

SAMIA MOHAMED OSMAN, of Al Zubair Charity Foundation, in a joint statement with Eastern Sudan Women Development Organization, and Sudan Council of Voluntary Agencies, said that the amendments to the Constitution had increased female participation in politics in Sudan so that women now enjoyed 20 per cent of the seats in legislative bodies. It was necessary to provide technical assistance to agencies active in the areas of the rights of women and children and there was no need for a renewal of the mandate on the situation of human rights in Sudan.

Concluding Remarks

MAHMAD BUSHARA DOUSA (Sudan), speaking as a concerned country in concluding remarks, said that Sudan was a developing country going through a post conflict period. Sudan had given what it was able to give. All of its actions fell within the framework of attempting to improve the situation of human rights. Certain delegations had mentioned the situation in South Kordofan, but Sudan reiterated that there were no restrictions for humanitarian access to the victims there. The United Nations Office for the Coordination of Humanitarian Affairs had not received any complaints regarding humanitarian access to these areas. Sudan provided access to all areas including those areas under the control of the Sudan People’s Liberation Movement. The Sudanese Government welcomed all humanitarian assistance provided that it was co-ordinated with the United Nations Office for the Coordination of Humanitarian Affairs. The population of Kadougli had drinking water. Sudan had witnessed positive developments and was committed to implementing the recommendations of the Independent Expert. Sudan hoped the mandate of the Independent Expert would be ended as Sudan was deprived of assistance as it was still under a mandate.

FRANCIS NAZARIO (South Sudan), speaking as a concerned country in concluding remarks, said that South Sudan welcomed the report, its conclusions and the comments on this situation made by delegations. Technical support and capacity building were needed the most. At the moment, a mandate which would create an Independent Expert was not needed. Cooperation with the Council and the international community on issues pertaining to the promotion and protection of human rights and building national institutions to this regard should be the priority. In a practical manner, the international community as well as the Council should support in building South Sudanese institutions.

MOHAMED CHANDE OTHMAN, Independent Expert on the Situation of Human Rights in the Sudan, in concluding remarks, said that the Government of Southern Sudan was open to dialogue and to engaging on human rights issues. Mr. Othman said that although there was a functioning human rights commission in Southern Sudan, it required capacity building support along with the Southern Sudan Bar Association. The law enforcement agencies in Southern Sudan were not fully functioning and required technical assistance and support which would go a long way in reducing human rights violations. Freedom of expression continued to be a real challenge and the Independent Expert pleaded with Government authorities to do away with press censorship as this would be a way forward for expanding freedom of expression. Concerning Darfur, six out of forty-five recommendations were implemented; now that the deadline had passed the recommendations would need to be streamlined and this would require the Council’s involvement. Mr. Othman noted that the situation in Darfur had changed since 2005, however there were still outstanding issues related to internally displaced persons, impunity and lack of accountability. Concerning South Kordofan, Resolution 1990 by the Security Council asked for the Secretary-General to monitor the situation of human rights in South Kordofan and the Independent Expert said this could best be achieved by permitting a human rights compliment to be included in the mandate. The Council needed to hold with high esteem the two parities for realizing the benchmarks of the Comprehensive Peace Agreement and Mr. Othman said that the emergence of South Sudan as a new State had legal consequences for the mandate. Technical assistance would play a central role in moving forward and Mr. Othman said that the suspended Human Rights Forums should be reopened so that there would be dialogue between the international community and the Governments of Sudan and South Sudan.

Documentation

The Oral Report by the United Nations’ High Commissioner on Human Rights on the human rights situation in Belarus, (A/HRC/18/G/7), says its content is based on monitoring of the human rights situation from Geneva headquarters and secondary sources because a request by the Office of the High Commissioner for Human Rights (OHCHR) to the Permanent Mission to the Republic of Belarus for an official visit to Belarus was not answered. The High Commissioner found a pattern of human rights violations in Belarus following the 19 December 2010 presidential election. The report examines the legal framework, as Belarus has signed and/or ratified most of the core United Nations human rights instruments. It also looks in detail at the 2010 presidential election and its aftermath, the right to fair trial, the death penalty, freedom of expression and freedom of association in Belarus, Belarus’s cooperation with United Nations human rights mechanisms and recent actions by the Government of Belarus. The High Commissioner makes preliminary recommendations that include accepting an OHCHR mission to the country.

Introduction of Report of High Commissioner for Human Rights on Situation of Human Rights in Belarus

KYUNG-WHA KANG, Deputy High Commissioner for Human Rights, presenting the High Commissioner’s oral report on the human rights situation in Belarus, said the preparation of the report had been challenging due to lack of presence of the Office of the High Commissioner for Human Rights in this country. Still, the information collected through monitoring the situation from Geneva and from secondary sources had enabled the Office to distil a pattern of violations in the human rights situation in Belarus following the December 2010 presidential elections. Regarding the legal framework, the Criminal Code of Belarus was excessive and was particularly restrictive in regulating the rights to freedom of expression, association and assembly. The human rights situation in the country had significantly deteriorated following the December 2010 presidential elections, monitored by a number of international observers whose conclusions presented discrepancies concerning the compliance of the elections to the standards for democratic elections. The Deputy High Commissioner then informed the Council of the incidents and events that followed the presidential election, including the abduction of opposition candidates, the demonstrations at Independence Square and the consequent police actions. The police intervention on the eve of the election had been followed by arrests, detentions and raids throughout Minsk targeting opposition activists and non-governmental organizations. The authorities had reportedly launched a coordinated crackdown on political opponents and over 60 persons had been detained by the end of December.

Many of the trials of those detained had allegedly been conducted in violation of international norms pertaining to the principles of fair trial. The authorities had also reportedly tightened their already highly restrictive control over the media since December 2010, thus further limiting freedom of expression, while there were reports indicating that the authorities were considering placing further legal and administrative restrictions on information on the Internet. Speaking on the topic of freedom of association, Ms. Kang reported that the authorities had allegedly been conducting a policy of harassment against independent non-governmental organizations and human rights defenders, which included, among others, refusal to register, threats with criminal prosecution for “criminal activity”, arrests, raids on offices and acts of intimidation. The Human Rights Council’s Special Procedures had been following the situation of human rights in Belarus very closely and since the presidential election more than 10 communications had been sent by several Special Procedures. The main concerns addressed in those communications were the situation of human rights defenders and journalists, the situation of former presidential candidates and political opponents in general and the pattern of intimidation and interference in the discharge of the professional functions of lawyers. The Deputy High Commissioner for Human Rights said that Belarus remained the only country in Europe which still issued death sentences and carried out executions. Ms. Kang welcomed the pardoning and release of several persons sentenced and imprisoned in connection with the December 2010 events and expressed hope that those would lead to concrete and credible action in line with the country’s international human rights obligations and commitments.

Ms. Kang concluded by saying that the information gathered by the Office of the High Commissioner for Human Rights indicated a pattern of violations of human rights, particularly concerning violations of rights to freedom of expression, assembly, speech and the right to fair trial. The Deputy High Commissioner for Human Rights requested the authorities in Belarus to accept the mission of the Office of the High Commissioner for Human Rights to Belarus in order to assess directly and objectively the human rights situation and engage in constructive dialogue with the Government. In closing, Ms. Kang made a number of preliminary recommendations to the Government of Belarus, including to immediately and unconditionally release all political opponents, activists and journalists who had not been involved in the violence, to conduct an impartial and credible investigation of circumstances in which those persons were arrested and detained, to put an immediate end to all forms of political and administrative pressure and harassment of human rights defenders, to initiate a comprehensive review of the legal framework and the Criminal Code and bring it in line with Belarus’ international human rights obligations, to accept the Office of the High Commissioner for Human Rights mission to the country and to cooperate fully with all the United Nations human rights bodies and mechanisms.

Statement by Concerned Country

MIKHAIL KHVOSTOV (Belarus), speaking as a concerned country, urged countries that supported the country-specific resolution on Belarus to think seriously about the prospects of the Human Rights Council. The politicization of the Council was déjà vu of what had happened with the Commission on Human Rights. The resolution on Belarus adopted at the seventeenth session of the Council was not credible and enjoyed no support. It contradicted the institution-building package of the Human Rights Council. The information in the Deputy High Commissioner for Human Rights’ statement was inaccurate and biased. Belarus had refused to cooperate with the Office of the High Commissioner for Human Rights for principle reasons. First, Belarus disagreed with the policy of the European Union in the Human Rights Council presenting Belarus as a special case of non-compliance in the field of human rights. Belarus had many questions for the human rights situations in the European Union’s Member States that should be monitored by the Office of the High Commissioner, but it did not do anything about them. Second, the resolution had nothing to do with the European Union’s concern for human rights, but was designed to promote by all means its political interests in Belarus aiming to overthrow the acting Government. Belarus intended to further cooperate with the Office of the High Commissioner in the context of the implementation of the Universal Periodic Review recommendations and they were working with the Office in this direction.

Belarus took note of the Deputy High Commissioner’s information that the Belarusian side informed the Office on the issue under today’s consideration. However, the arguments and position of Belarus provided to the Office on the events of 19 December 2010 and the post-election period were not reflected in her statement. The Deputy High Commissioner acknowledged in her speech that her information was based on “secondary sources” and that some allegations needed to be verified. As a result, the Council had before it a set of incorrect assessments and interpretations. Belarus substantively disagreed with the European Union about what was the definition of concepts, what was a peaceful demonstration and what was not. The European Union believed that assaulting a government building was a peaceful event, yet Belarus believed that it was a criminal offense objectively leading to arrests of its organizers, instigators and participants and their accountability before the law. The demonstration of 19 December 2010 was not a peaceful public protest. It was a protest of some well-off persons with nothing in common with genuine people’s needs, having everything except power. And they tried to seize that power by force. This was not democracy. This was a crime against the people and the State. Belarus could not accept the imposition of authoritarian and dictatorial democracy in the country by a group of European States. The delegation of Belarus had repeatedly informed the Council on the substance of the events of 19 December and its position had not changed. The Belarusian authorities had acted in accordance with national legislation and international standards.

As a result of the mass disorders of 19 December 2010, more than 600 persons were detained, most of whom received administrative sentences and were released within a few days. Belarus remained committed to fulfilling its international obligations to promote and protect human rights. The Government of Belarus had sent invitations to eight thematic Special Procedures of the Council and in August this year, it had invited the High Commissioner for Human Rights to visit Minsk. Belarus had also accepted most of the recommendations of the Universal Periodic Review that the country passed in May 2010. Belarus reaffirmed its openness and targeting at maintaining a mutually respectful and equal dialogue on human rights. Selective discussions of country-specific situations for purely political motives could not be a working method of the Council and the Office of the High Commissioner for Human Rights.

__________

For use of the information media; not an official record