人权理事会与科特迪瓦和海地的人权状况专家进行互动对话（部分翻译）

人权理事会今天下午与科特迪瓦人权状况独立专家杜杜•迪安（Doudou Diene）和海地人权状况独立专家古斯塔沃•加隆（Gustavo Gallon）进行互动对话。

科特迪瓦人权状况独立专家杜杜•迪安表示，关于科特迪瓦人权状况的报告围绕法治建设方面已取得的进展和仍需采取的步骤展开。民主体制和人权委员会已逐步设立，全国各主要国家机构也正在重建。总体来说安全状况有了改善，但仍可以看到脆弱的因素，包括未被吸收且仍配备武器的前战斗人员这一定时炸弹。迪安先生呼吁所有政治利益攸关方参与关于选举相关主流议题和体制问题的对话。

 

科特迪瓦作为当事国发言，对特别报告员就该国在安全、治理和改善社会经济状况方面作出努力的相关意见表示欢迎。代表团提供了关于政治对话、安全状况、司法体系和权利侵犯问题的额外信息。瓦塔拉（Ouattara）总统表达了他对确保不让任何人权侵犯行为肇事者逍遥法外的决心。政府的首要目标是重建基于人权、公共自由、社会和平与正义的法治，为此，科特迪瓦正在加强与联合国人权机制的合作。

 

在与科特迪瓦的互动对话中，发言人对该国在人权领域取得的进展以及与独立专家的建设性合作表示称赞。发言人对科特迪瓦逐步建立民主机制，重建国家警察，释放与前政权关系密切的被拘者并改善社会经济状况等进展表示称赞。一些发言人对针对妇女和女童的性暴力和有害做法复燃表示担忧。打击有罪不罚现象务必是一大优先事项，对过往罪行进行公正的调查是民族和解的根本条件。安全状况仍然脆弱，与会者促请科特迪瓦继续进行安全部门的改革。代表团还呼吁国际社会维持并加强对科特迪瓦人权领域的支持。

 

在关于科特迪瓦的互动对话中发言的有代表非洲集团的埃塞俄比亚、欧盟、多哥、阿尔及利亚、马里、澳大利亚、美国、布基纳法索、联合国儿童基金会、法国、意大利和比利时。

 

以下非政府组织也作了发言：世界反酷刑组织（World Organization against Torture）、大湖区和平与发展行动国际组织（Action Internationale pour la Paix et le Developpement dans la Region des Grands Lacs）、遵守和实施非洲人权和人民权利宪章国际委员会（Comité International pour le Respect et l’Application de la Charte Africaine des Droits de l’Homme et des Peuples）、国际人权同盟联合会（International Federation for Human Rights Leagues）和国际方济会（Franciscans International）。

 

海地人权状况独立专古斯塔沃•加隆指出，如果可以在五大首要领域进行休克疗法，海地复杂的状况就可以克服，他还强调了一些有待改进的领域。关于社会和经济的不平等现象，加隆先生强调，该国76%的人口为赤贫人口，大部分民众营养不良，海地为全球人类发展指数排名最靠后的国家之一。他还提及被剥夺自由者和长期被拘留者的状况；法治薄弱；应对过往人权侵犯行为、打击有罪不罚现象并为受害者提供救助的必要性；以及为改善那些因为最近的灾难而生活在恶劣环境中民众的生活而采取的措施。海地面临着重大的结构挑战，需要国际社会的支持。

 

作为当事国发言的海地再次重申政府促进和保护人权的决心和承诺。在过去的25年多时间里，报道总是聚焦于根深蒂固的不平等现象、监狱过度拥挤问题以及司法体系的不足之处。2013年，海地在住房项目和国家粮食安全政策方面取得了进展，但是这类进展并未在报告中被提及。120多万儿童因为免费的学校项目得益，政府也仍将法治作为优先事项。政府在过去的33个月内取得了明显的进展，并将继续寻求支持，以履行实现贫困人口的权利的共同责任。

 

在关于海地的互动对话中，代表团承认海地在人权领域取得了进展，包括应对有罪不罚现象，解决贫困、营养不良以及社会方案问题，但挑战仍然存在，包括长时间的审前羁押、性暴力和歧视。解决社会不平等并打击有罪不罚现象是实现海地的稳定的关键。一些发言人强调在巩固法治和打击贫困等方面进行国际合作的必要性。另一些发言人强调自由、公开和包容的选举对于民主的重要性。

 

在关于海地的讨论中发言的有：欧盟、代表拉美及加勒比国家共同体的哥斯达黎加、巴西、多哥、法国、摩洛哥、挪威、智利、美国、古巴、澳大利亚、墨西哥、委内瑞拉、阿根廷和阿尔及利亚。

 

人权联合会和大赦国际也在讨论中发言。

 

理事会将于3月26日（周三）上午9点复会，届时将与马里人权状况独立专家和中非共和国人权状况独立专家进行互动对话。

 
文件
 
理事会面前有科特迪瓦人权状况特别报告员杜杜•迪安的报告（A/HRC/25/73）。
 
科特迪瓦人权状况独立专家的发言
 
科特迪瓦人权状况独立专家杜杜•迪安表示，关于科特迪瓦人权状况的报告围绕法治建设方面已取得的进展和仍需采取的步骤展开。该国在选举后冲突结束后取得的进展应得到承认和重视。民主体制和人权委员会已逐步设立，全国各主要国家机构也正在重建。总体来说安全状况有了改善，但仍可以看到脆弱的因素，包括未被吸收且仍配备武器的前战斗人员这一定时炸弹。不幸的是，因为两极分化和政治成见的氛围再次悄然而至，政治对话和民族和解进程目前陷入僵局。尽管过去几天事态有所发展，但暂时释放大量危机相关被拘者以及最近政府和政治党派恢复接触都令人鼓舞。迪安先生呼吁所有政治利益攸关方参与关于选举相关主流议题和体制问题的对话。
 
消除有罪不罚现象并确保实现平等和正义是十分迫切的任务。司法进程缓慢令人遗憾，尤其是在象征性的问题上。危机受害者的状况需要国家的特别关注，需要一个客观的全球方针。关于经济和社会权利问题，迪安先生认为宏观经济的出色表现绝对能让全国人口获利。明显的社会不安可能使得社会问题成为不稳定的一个因素。他强调，承认并尊重独立民间社会组织在国家和解中发挥的作用十分关键。有必要认识到科特迪瓦的危机可能已经到了关键的时刻。主要的挑战是要确保选举平静且以民主而可信的方式进行。日程计划稍纵即逝并面临着一些棘手的前期问题。这些问题涉及重新进行多元且包容的政治对话的不可逆转性与迫切性。必须让参与法律进程的所有人都享有公正、平等的国家和国际正义。中非共和国的严重危机应是对所有科特迪瓦危机相关方的一个警示。

 
当事国的声明
 
科特迪瓦作为当事国发言，对特别报告员就该国在安全、治理和改善社会经济状况方面作出努力的相关意见表示欢迎。但是，为了帮助大家更好地理解报告中所载的信息和建议，科特迪瓦将对政治对话、安全状况、司法体系和权利侵犯行为进行一些评论。对话是政客间交流的一大重要框架，科特迪瓦已在这方面采取措施，比如临时释放与前政权关系密切的个人，让流放者、难民和流离失所者返回科特迪瓦，但不是所有人都对这些措施表示欢迎。关于安全问题，代表团指出，状况仍然岌岌可危，但是以为此采取了一些实用的措施。代表团还谈到司法体系的作用、受害者的状况、监狱的拘留条件以及国家人权委员会。报告中的许多建议正在落实。瓦塔拉（Ouattara）总统表达了他确保不让任何人权侵犯行为肇事者逍遥法外的决心。政府的首要目标是重建基于人权、公共自由、社会和平与正义的法治，为此，科特迪瓦正在加强与联合国人权机制的合作。
 
Interactive Dialogue with the Independent Expert on the Situation of Human Rights in Côte d’Ivoire
 
Ethiopia, speaking on behalf of the African Group, commended the progress achieved by Côte d’Ivoire in the field of human rights, including the release of prisoners and the conduct of investigations on post electoral crisis crimes, and its constructive cooperation with the Independent Expert.  The African Group called on the international community to maintain and enhance its support to Côte d’Ivoire in the field of human rights and democratization.  The European Union welcomed the progress achieved in governance and the gradual establishment of democratic institutions.  The European Union supported the re-establishment of the national police in order to ensure security throughout the territory.  It was concerned about the resurgence of sexual violence and harmful practices against women and girls.  The fight against impunity had to be a priority, and an impartial investigation on past crimes was a fundamental condition for national reconciliation.  Togo welcomed the national reconciliation process in Côte d’Ivoire, including the release of detainees close to the former regime.  Togo remained concerned about the rejection of albinos and about gender violence.  It welcomed the efforts made to address the high cost of living, and invited the international community to continue its support to Côte d’Ivoire in the field of human rights and development. 
 
Algeria noted with satisfaction the gradual establishment of democratic institutions, as well as progress in the field of economic, social and cultural rights and in the field of security.  Algeria encouraged efforts to strengthen the national dialogue and reconciliation process.  It also supported the appeal of the Independent Expert to the international community to provide support to Côte d’Ivoire.  Mali congratulated Côte d’Ivoire for its achievements on economic and social governance and for its full cooperation with the Independent Expert, which illustrated Côte d’Ivoire’s commitment to protect human rights.  Mali expressed its full support to the Ivorian authorities’ efforts to stabilize the country, and wished Côte d’Ivoire success in this field.  Australia acknowledged positive developments in the field of human rights, including the release of detainees pending trials and the adoption of a bill on human rights defenders.  The security in the country remained fragile, and Australia supported efforts to reform the security sector.  Australia was concerned about hate speech in Côte d’Ivoire, as well as about the prevalence of sexual violence. 
 
United States shared the concern of the Independent Expert about the increase in sexual violence against women and girls and about the slow progress of security sector reform, demobilization and disarmament, and the significant challenges to genuine national reconciliation.  Burkina Faso welcomed the recommendations of the Independent Expert to reinforce a political dialogue to put an end to hate speech and called on the international community to help Côte d’Ivoire to build on its achievements in order to address residual insecurity.  The United Nations Children’s Fund was concerned about the lack of legal provisions to punish the perpetrators of violence against children, and particularly girls, and called for a large-scale national inquiry to establish the real dimensions of phenomenon which were underestimated.  France agreed with the seven priority areas identified by the Independent Expert that the Government should focus on, and said that tackling impunity must be a priority, including for acts of sexual violence.  Italy stressed the need to hold perpetrators of human rights violations accountable and said it was a basis to true national reconciliation.  Belgium expressed concern about human rights violations in the country, and in particular about the increase in sexual violence which had become a common occurrence, and about the persistence of harmful practices such as early marriages and female genital mutilation.
 
Senegal congratulated the Independent Expert for the quality of the report and commended Côte d’Ivoire for its efforts to consolidate democracy, among many other measures.  Senegal urged Côte d’Ivoire to continue to work towards national reconciliation on the basis of dialogue and on the international community to provide support.   Sudan joined the Independent Expert in welcoming the gradual establishment of democracy in Côte d'Ivoire and said that the ongoing reconciliation process deserved to be supported by the international community.   Morocco welcomed the quality of cooperation and interaction between Côte d’Ivoire and the Independent Expert, which had contributed to the success of the mission and the quality of the report.  Côte d’Ivoire had improved its security situation and a number of important signals supported the credibility of efforts at reconciliation.
 
Niger paid tribute to the cooperation between Côte d’Ivoire and the Independent Expert and noted the process of institutional reconstructions, as well as measures to improve political dialogue.  The report underscored the key role played by institutions in that process.  The continued support of the international community was necessary for Côte d’Ivoire  to continue its efforts.  Egypt welcomed the progress made by Côte d’Ivoire and the release of many prisoners detained in connection with post-election violence, which reflected the commitment of the Government to bring perpetrators to justice.  It noted the role played by the Truth and Reconciliation Commission in promoting dialogue and reiterated the need for support from the international community.  Central African Republic thanked the Independent Expert for the quality of the report, noting with satisfaction the update on the human rights situation on the basis of information gather by different stakeholders.  The delegation encouraged Côte d’Ivoire to strengthen its security apparatus and to combat sexual violence.  
 
World Organization against Torture said concerns remained regarding persistent gross human rights violations in Côte d'Ivoire, including acts of torture committed with impunity by the Republican Forces.  It called for the inclusion of a justice dimension in the mandate of the Truth and Reconciliation Commission.   Action Internationale pour la Paix et le Developpement dans la Region des Grands Lacs said that despite the progress achieved, including the release of political prisoners, much remained to be done to ensure peace and stability.  It was concerned about executions allegedly perpetrated by the authorities against supporters of Laurent Gbagbo.  Comité International pour le Respect et l’Application de la Charte Africaine des Droits de l’Homme et des Peuples called on Côte d'Ivoire to ensure that local leaders and civil society organizations were included in national reconciliation efforts and to continue its efforts to end impunity without selectivity or discriminatory treatment. 
 
International Federation for Human Rights Leagues welcomed the decision by the authorities to transfer Charles Blé Goudé to the International Criminal Court, as well as the establishment of a new special investigation unit, and called for the allocation of the necessary resources to that unit.  It urged Cote d’Ivoire to implement a strong policy against impunity.  Franciscans International  was concerned about the detention conditions for juvenile offenders, and noted that juvenile and adult defenders were not separated in detention facilities, including in Abidjan.  It recommended substantial improvement in material conditions of detainees, with a particular focus on juveniles. 
 
Concluding Remarks
 
DOUDOU DIENE, Independent Expert on the situation of human rights in Côte d'Ivoire, speaking in concluding remarks, reminded the Council of the deep roots of the crisis which comprised of 10 years of violence; 10 years with the absence of the rule of law.  It was a structured crisis that had scarred the population and the response had to be a long-term one.  There was a need for a return to democracy, to human rights and prosperity, and that had to be a collective undertaking for the whole of Ivorian society because a crisis needed a political response and because politics had caused the crisis.  It was urgent to end impunity and make justice a reality, because the feeling of injustice was a slow-working poison.  The country had achieved remarkable growth figures but it was urgent for that to be used as a basis for progress.  However, a crisis such as Côte d'Ivoire’s could not just be resolved in terms of politics, justice and rights, said Mr. Diene, there also needed to be moral awareness.  Those who created the crisis had to go through some form of catharsis and speak out individually and collectively, recognizing their responsibility before the people.  That may be the most firm basis of reconciliation.  The crisis in the Central African Republic showed how fragile multicultural societies could be and the need to consistently get back to work through politics, policy, rights and justice. 
 
Documentation
 
The Council has before it the report of the Independent Expert on the situation of human rights in Haiti (A/HRC/25/71).
 
Presentation by the Independent Expert on the Situation of Human Rights in Haiti
 
GUSTAVO GALLON, Independent Expert on the situation of human rights in Haiti, presented his first report after taking the office in June 2013 and pointed out that the complex situation in Haiti could be overcome if shock-treatment could be administered to five priority areas.  The first area was socio-economic inequalities: 76 per cent of the population lived in extreme poverty, a large proportion suffered from  malnutrition and Haiti ranked among the lowest in the world on the Human Development Index.  Governmental priorities included education and the quality of housing, and the Independent Expert suggested that the Government should set very short deadlines to eradicate prevailing illiteracy among adults, as literacy was crucial for gradual eradication of inequalities.  The second area to address was the deplorable situation of persons deprived of liberty and in prolonged detention.  Overcrowded conditions in prisons were shocking,  and 80 per cent of the detainees were being held in prolonged and preventive detention.
 
The third priority area was the weakness of the rule of law: few people were aware of their rights, the number of murders had increased threefold and the prevalence of gender-based violence had also increased.  Urgent measures were needed to put an end to child labour, and to address the situation of restavec children.  The fourth area for shock-treatment was the need to address past human rights violations, combat impunity and provide redress to victims.  The Independent Expert welcomed the court decision to conduct further investigations into allegations of crimes against humanity by former President Duvalier and recommended the creation of a national reconciliation commission which could facilitate recovery of the right to memory and could lead to long-term substantial improvement of the human rights climate in the country.  The fifth priority area was improving the situation of those affected by recent disasters, those who lived in deplorable conditions, and also the situation of Haitians living in Dominican Republic who were at risk of statelessness.  Mr. Gallon said the priority areas identified were those for which the responsibility rested not only with the Government, which had inherited many of the issues raised in the report; the situation in Haiti was more structural in nature and required the support of the international community.
 
Statement by the Concerned Country
 
Haiti, speaking as the concerned country, reiterated the Government’s determination and commitment to promote and protect human rights.  All progress made was a testimony to the Government’s huge political will.  The Independent Expert was thanked for his report and the recommendations therein.  The Government would scrutinize them and take them on board to improve the human rights situation in the country.  For more than a quarter of a century, the reports of the Experts had always focused on the deep-rooted inequalities within Haitian society, prison overcrowding, the weakness of the judicial system, impunity and the lack of adequate health care conditions for persons still living in camps following the 2010 earthquake, among others.  Haiti regretted that several of Haiti’s achievements were not referred to in the report.  They included the launch of the National Food Security Policy in 2013 and the beginning of the first phase of the construction of social welfare housing projects the same year.  Concerning education, more than 1.2 million children had benefitted from the free school programme, a very significant step.  The rule of law and its establishment remained a Government priority and significant progress had been made.  Challenges still remained in different areas.  The prison system required particular attention, as 85 per cent of the prison population was in extended pre-trial detention.  The Government over the last 33 months had made clear and tangible progress and would continue to seek the support of other actors so that all could bear the burden of shared responsibility to deliver on the rights of persons living in poverty.  There was no turning back, the delegate concluded. 
 
Interactive Dialogue with the Independent Expert on the Situation of Human Rights in Haiti
 
The European Union said that Haiti had made progress in the field of human rights, including on tackling impunity.  Challenges remaining included reducing prolonged periods of pre-trial detention, and investigating cases of sexual violence and discrimination on the grounds of gender identity.  How could the international community reduce inequalities in terms of enjoyment of economic, social and cultural rights?  Costa Rica, speaking on behalf of the Community of Latin American and Caribbean States, said that the Community was committed to supporting Haiti in full respect with the country’s sovereignty in the field of human rights, the rule of law, education, environment, energy and democratic elections.  Haiti’s measures to strengthen the State’s response to hunger were noted.  The Community agreed that the fight against social inequalities and the fight against impunity were key aspects for stabilizing Haiti.  Brazil said that the consolidation of the rule of law and the fight against poverty were key aspects of international cooperation and support.  It had adopted a special migration policy for Haitians, and had made efforts to discourage the use of illegal migratory routes to Brazil. 
 
Togo agreed that there was a need to establish priority action areas.  It expressed concern about institutional fragility in Haiti which made full enjoyment of human rights difficult.  France applauded the progress achieved in Haiti over the past several months and stressed the importance of free, open and inclusive elections for democracy; only strong political will, coupled with active participation of civil society would improve the human rights situation in Haiti and for all citizens.  Morocco took note of the positive Government initiatives to eradicate hunger and malnutrition, ensure education and build rule of law, and said that it was ready to support Haiti in the process of transitional justice, if the Government chose that approach.
 
Norway noted the increasing social inequalities which was a key ingredient of social tensions and instability and called on the Government and international community to invest in job-creation that would increase the resilience of the population.  Norway also expressed concern about the situation of pre-trial detainees and of restavek children.  Chile commended the delivery of important social programmes aimed at children living below poverty line, and asked the Independent Expert to elaborate on the strategies for implementation of the five priority areas identified in his report.
 
Cuba said that the situation in Haiti in general continued to be complex.  The responsibility the international community bore to this nation could not be ignored.  It was crucial that the needs and priorities of the Haitian Government and people be addressed.  Cuba had been cooperating with the country in the areas of health and agriculture, among others.  Australia welcomed progress made by the Government and civil society in addressing the significant human rights challenges in the country.  Australia had engaged directly with the Government and acknowledged steps taken in the promotion and protection of human rights.  However, Australia was concerned with regards to the progression of the rule of law and about gender-based violence.
 
Mexico applauded the close cooperation between Haitian authorities and all mandate-holders over the last few years.  Mexico agreed that the human rights situation was critical but also that it could be overcome.  For this to happen there was a need for the strengthening of the rule of law and institutional consolidation.  Mexico and Haiti had agreed to maintain cooperation activities aimed at delivering development. 
 
Argentina congratulated the Government for having worked so closely with the Independent Expert.  Argentina pointed to progress on human rights in Haiti.  Obviously, the challenges still faced were numerous and would require the cooperation of all international actors, particularly in areas identified as priorities by the Government.  Venezuela said the humanitarian crisis was a serious threat to the fundamental rights of persons in Haiti, particularly women and children.  The 3 million people affected by the earthquake required urgent assistance.  Venezuela was concerned about the cholera epidemic.  Relevant international bodies were called upon to shoulder their responsibility to contain the outbreak and provide necessary assistance.  United States said that long-term, sustained capacity-building was critical to strengthening the rule of law and improving the efficiency of Haiti’s justice system.  What additional steps could the Government take to further harmonize Haiti’s laws and public policies with constitutionally guaranteed and internationally recognized human rights?
 
Algeria welcomed Haiti’s cooperation with the Independent Expert and other United Nations mechanisms.  Algeria commended Haiti’s efforts to combat hunger and malnutrition, but was concerned about the economic, social and cultural rights’ situation in the country.  Algeria agreed that the situation was extremely grave, but believed this could be overcome with the adequate support of the international community.  Connectas Direitos Humanos was concerned about the situation of education in Haiti, including discrimination against non-citizens for access to education.  Brazil had become the main destination of emigrants from Haiti, and despite the simplified visas procedures it had created, many of these migrants were at risk and travelled illegally in dire conditions.  Amnesty International said forced evictions of internally displaced persons had been conducted by the authorities in Haiti, sometimes accompanied with unnecessary use of force.  Amnesty International encouraged Haiti to take immediate measures to investigate forced evictions and relocate internally displaced persons in compliance with a durable solutions network. 
 
Concluding Remarks by the Independent Expert on the Situation of Human Rights in Haiti
 
GUSTAVO GALLON, Independent Expert on the situation of human rights in Haiti, in concluding remarks expressed gratitude for the sheer number of speakers who took the floor and shared the analysis of the situation.  An appeal was made to all States and the international community as a whole to join efforts to cooperate with the Haitian State and society, as there was still a lot to be done, and to focus efforts on steps that could be taken to make a difference in the five areas identified in the report.  On a question on what should be done to strengthen citizen participation in finding a solution to human rights problems in Haiti, Haitian society already contained some key civil society organizations working in the field of human rights.  The international community should also ramp up efforts to contribute to fostering these civil society organizations.  With regards to a question on which institutions should benefit as a priority from the support earmarked for strengthening the rule of law, there were several, perhaps the Citizen’s Protection Office in particular, which played a key role in promoting and protecting human rights in Haiti.  There was also a need for capacity building in the judicial sector.
 
On requested details on the programme of work and a timetable for the five priority actions, this was difficult to answer but from a technical perspective, they could be dealt with as a cluster so as to enjoy equal treatment and response.  It was vitally important that civil society was involved in the process and a dialogue was needed between it and the Government.  The creation of the Inter-ministerial Committee for Human Rights was not in itself a solution.  The Committee should analyse the problems raised in order to tackle difficulties in a holistic way.  There were not enough judges or time invested by judges in order to receive and interview detainees.  There were people who had been waiting for two or more years that had not received the attention of a judge.  One of the solutions was the importance of strengthening the system of justice and the capacity of judges to be in touch with detainees.
 
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