Human Rights Council

Holds Interactive Dialogue with Independent Expert on Somalia

The Human Rights Council this morning reviewed the mandates of the Independent Experts on the situation of human rights in the Democratic Republic of the Congo and in Somalia. The Council also listened to the Independent Expert on Somalia present his report and held an interactive dialogue with him.

As part of the review, rationalization and improvement of mandates, Egypt, introducing the mandate of the Independent Expert on the human rights situation in the Democratic Republic of the Congo on behalf of the African Group, said that significant post-conflict political progress had been achieved in the Democratic Republic of the Congo after free Presidential elections held in 2006. With regard to security, the Government had made headway in stabilizing the situation. As regards to the mandate itself, an objective assessment of the work accomplished by the Independent Expert clearly indicated that he was unable to mobilize nor provide such assistance to the Democratic Republic of the Congo so as to support the ongoing human rights reforms undertaken by the country. The Democratic Republic of the Congo had explicitly expressed its wish not to renew the mandate of the Independent Expert and the African Group fully supported this decision.

Titinga Frederic Pacere, Independent Expert on the situation of human rights in the Democratic Republic of the Congo, said that he was saddened to hear that the African Group believed that the renewal of the mandate would be counterproductive. The prevalence of sexual violence, child soldiers, and other human rights abuses needed to be dealt with. He said he had made 150 recommendations to the Government but had not even received one confirmation of receipt. While he agreed that the international community should provide support, the Government also had to make some efforts. They had an obligation to protect their citizens. His mandate had not been unsuccessful. If nothing else, he had managed to raise awareness of the situation and made necessary recommendations.

Speaking as a concerned country, the Democratic Republic of the Congo said that any decision on mandates should be taken by taking into account principles of cooperation and real dialogue. Several factors called for a non-renewal of the mandate. On the national level, the Democratic Republic of the Congo had created new free and democratic institutions. The Government was doing everything in order to improve the human rights situation. At the international level, with the establishment of the Universal Periodic Review, the Democratic Republic of the Congo would be reviewed just like the others. Thus, the Independent Expert was no more needed. The Democratic Republic of the Congo was also continuously being reviewed through the different treaty bodies. Visits of thematic mandates would continue and would help the country improve its human rights situation.

Speaking in the debate on the mandate on the Democratic Republic of the Congo were the delegations of Slovenia on behalf of the European Union, the Netherlands, France, Switzerland, Canada, the Russian Federation, the United Kingdom, Belgium, Algeria, the United States, Norway and Sweden.

Also speaking were representatives of the International Federation of Human Rights Leagues, Human Rights Watch, International Committee for the Respect and Application of the African Charter on Human Rights and People's Rights, Action International pour la Paix et le Développement dans la Région des Grands Lacs, Amnesty International and the Centre on Housing Rights and Evictions.

In the review, rationalization and improvement of the mandate of the Independent Expert on the situation of human rights in Somalia, Egypt, introducing the mandate of Ghanim Alnajjar on behalf of the African Group, commended the Independent Expert for the work he had undertaken during his tenure. The African Group was fully cognizant of the obstacles that had faced the Independent Expert in carrying out his mandate and expressed hope that with recent positive developments concerning the security situation in Somalia, the new Independent Expert would have the opportunity to fulfill this mandate in the most effective possible manner. The situation in Somalia had been a serious source of concern for the African continent. While being against country mandates, the African Group believed that this specific mandate was an important one and should be renewed.

Ghanim Alnajjar, Independent Expert on the situation of human rights in Somalia, speaking about his mandate, said that this mandate was incredibly vital to protecting vulnerable Somalis. More visits needed to be made in the context of this mandate. He also stressed the importance of visiting prisons. He reiterated the need for regular reporting. Finally, renewing this mandate was extremely important and would be useful in the promotion of Somalia's stability and prosperity.

Somalia, speaking as a concerned country, said that despite the numerous amnesties and appeals for peaceful dialogue made by the President of the Transitional Federal Government, pockets of radical forces still remained to be a source of disruption and frustration toward the ongoing internal and external efforts towards political dialogue. Efforts to politically marginalize these terrorists would continue. All stakeholders were urged to ease the task of stabilizing the country and establishing the rule of law. Unfortunately, violations of human rights had been the norm in Somalia. The Government was concerned over the human rights situation. The Transitional Federal Government believed that national reconciliation and dialogue were the key components of the Government's wider strategy to stabilize the country. The situation of long-term internally displaced persons in Mogadishu was still bad and needed to be urgently resolved.

Speaking in the review of the mandate of the Independent Expert of Somali were the delegations of Slovenia on behalf of the European Union, Italy, Switzerland, Canada and Sudan.

Also speaking was the representative of Human Rights Watch.

Earlier in the meeting, the Council heard Mr. Alnajjar present his report on Somalia and then held an interactive dialogue with him. The Independent Expert said that it was not a great pleasure for him to present his report, because there was nothing to be pleased about. Hundreds of people had been killed or had disappeared in the last months. Mr. Alnajjar said that almost six months after his last mission the situation appeared to be worse. Repeated rounds of fighting had exacerbated the human rights situation. Indiscriminate violence, attacks against civilians, arbitrary detention of human rights defenders, killings of journalists, house-to-house searches and sexual and gender based violence characterized the situation in Mogadishu. The Council should do more than just producing resolutions.

Speaking in the general debate on Somalia were the delegations of Egypt on behalf of the African Group, Canada, Djibouti, Slovenia on behalf of the European Union, Italy, the United Kingdom, Ethiopia, Yemen, New Zealand, the United States, Kenya and Sweden.

Also speaking on Somalia were representatives of Human Rights Watch and Amnesty International.

When the Council next meets at 10 a.m. on Tuesday, 25 March, it will meet in private to discuss its Complaint Procedure. Around 11 a.m., it will meet in public to hold general debates on its agenda items on the implementation of the Durban Declaration and Programme of Action and on racism and racial discrimination.

Source: Human Rights Watch (United Nations)