Human Rights Council Hears of "Staggering" Numbers of Civilian Victims in South Sudan,
Concludes Interactive Dialogue with the Group of Human Rights Experts on Nicaragua
The Human Rights Council this morning concluded its interactive dialogue with the Group of Human Rights Experts on Nicaragua. The Council then held an enhanced interactive dialogue on the report of the Commission of Human Rights in South Sudan, with the participation of the High Commissioner. The Council also heard the High Commissioner's oral update on the activities of his Office and recent human rights developments.
The Council heard an oral update from Volker Türk, United Nations High Commissioner for Human Rights, on the activities of his Office and recent human rights developments, who said that conflict, discrimination, poverty, restrictions on civic space and the triple planetary crises: the world faced the continued and compounding effects of these crises - while also confronting a surge of new human rights challenges, notably in the digital realm and involving artificial intelligence and surveillance. Mr. Türk said fresh thinking, political leadership, renewed commitments, and dramatically scaled-up financing - with the centrality of human rights at their core - were urgently needed to meet these challenges. He highlighted the situation of human rights in a number of countries.
In the enhanced interactive dialogue on the report of the Commission of Human Rights in South Sudan, Mr. Türk said the Office, through the Human Rights Division of the United Nations Mission in South Sudan, continued to document killings, injuries, and abductions of civilians; sexual violence; as well as looting and destruction of property. The number of victims was staggering. Between January and December 2022, the Human Rights Division documented 714 incidents of violence affecting 3,469 civilians, with some 1,600 killed, 988 injured, and 501 abducted. While there had been some initiatives to improve accountability and redress for victims, they represented a mere trickle. Despite agreements between the parties as far back as 2015, there had been little progress in operationalising the Hybrid Court for South Sudan, a crucial component of the accountability architecture foreseen for the country.
Andrew Clapham, Member of the United Nations Commission on South Sudan, presenting the Commission's seventh report with Barney Afako, Member of the Commission, said since the Commission last addressed the Council in March 2022, the team had documented more gross human rights violations throughout the country, including widespread and horrific attacks against civilians and State-sponsored extrajudicial killings. Sexual violence against women and girls remained systematic, and the use of children by State and non-State forces continued. The Revitalized Peace Agreement remained the framework to address the conflict and lead the country to a new, more stable future. Addressing impunity in South Sudan was critical for stability and a peaceful future.
Ruben Madol Arol Kachuol, Minister of Justice and Constitutional Affairs of South Sudan, said the Government of South Sudan had the opportunity to review the report of the Commission on Human Rights in South Sudan and observed that the methodology used was profoundly flawed, and it contained recycled allegations from previous reports dating back to 2013. The Commission had also overreached its mandate by encroaching upon the mandates of other mechanisms, and further omitted dates and locations where the alleged human rights violations had taken place, cognisant that such an approach made any meaningful response by the Government impossible. In view of this, the Government objected to the renewal of the mandate of the Commission of Human Rights in South Sudan because the Commission was undermining the sovereignty of South Sudan, but welcomed the renewal of resolution A/HRC/RES/49/35 on technical assistance and capacity building for South Sudan.
In the discussion on South Sudan, speakers welcomed the report of the Commission on Human Rights in South Sudan and thanked its members for their work. The Commission remained the only independent mechanism able to safeguard future accountability for crimes under international law. There was strong agreement with the Commission that the pervasiveness and impact of sexual violence needed to be confronted and addressed in future efforts aimed at acknowledgment, repair and redress. The sharp rise in sub-national conflict over the past year was significantly contributing to the protracted human rights crisis in South Sudan. Speakers strongly supported the request of the Human Rights Commission for Sudan for all parties to immediately end attacks on civilians.
Some speakers said the international community should provide the cooperation and technical assistance on human rights that South Sudan requested, respecting its will as a sovereign State, its independence, and territorial integrity. It was regrettable that there were two parallel resolutions on South Sudan. Some speakers said they deplored the lack of cooperation by the Council with the Government of South Sudan with respect to the mandate. The country was progressing along the path of dialogue and understanding, towards peace and national reconciliation.
Speaking in the discussion on South Sudan were European Union, Norway on behalf of the Nordic-Baltic countries, Côte d'Ivoire on behalf of the African Group, Liechtenstein, France, United Nations Women, United States, Germany, Luxembourg, China, Democratic People's Republic of Korea, Venezuela, Egypt, Switzerland, Netherlands, United Kingdom, Sudan, Albania, Uganda, Kenya, Ethiopia, Senegal, Malawi, Australia, Ireland, Tanzania, Saudi Arabia, South Africa, Nigeria, Russian Federation, Burundi and Libya.
Also speaking were East and Horn of Africa Human Rights Defenders Project, Al Baraem Association for Charitable Work, Human Rights Watch, Interfaith International, Amnesty International, Elizka Relief Foundation, CIVICUS - World Alliance for Citizen Participation, Advocates for Human Rights, International Organization for the Elimination of All Forms of Racial Discrimination, and Meezaan Centre for Human Rights.
At the beginning of the meeting, the Council concluded its interactive dialogue with the Group of Human Rights Experts on Nicaragua, who presented their report to the Council on Monday, 6 March and a summary can be found here.
In the discussion, some speakers described the report presented as "a dangerous trend for interference in the internal affairs of a sovereign state". The report was based on unreliable sources and was another attempt to manipulate the Human Rights Council towards its own political interests. Keeping Nicaragua on the agenda of the Council was part of the plan to try to justify the imposition of illegal and inhumane unilateral coercive measures against Nicaragua by the hegemonic countries. Some speakers reaffirmed unwavering support for the Nicaraguan Government and the people of Nicaragua who continued to work tirelessly for sustainable development, peace, justice, well-being and social emancipation.
Other speakers called on the Council to renew the mandate of the Expert Group, to seek an end to impunity, accountability and justice for all victims, including Afro-descendants, indigenous peoples, peasants, journalists, the clergy and women and girls. Speakers expressed deep concern about the serious human rights violations in Nicaragua, in particular the use of sexual and gender-based violence. Speakers noted the recent release of 222 political prisoners as a constructive step, but stated they should never have been detained. It was deeply troubling that their citizenship was stripped, leaving many stateless. The Nicaraguan Government was urged to collaborate openly with human rights mechanisms, cooperate with the Office of the High Commissioner for Human Rights and allow opposition voices and non-governmental organizations to operate.
In concluding remarks, Angela Maria Buitrago, Member of the Group of Human Rights Experts on Nicaragua, said the judicial system needed to return to independence, and the arbitrary detentions could not continue. There was irreparable damage occurring: this society needed to return to fairness.
Jan-Michael Simon, Chair of the Group, called upon the Human Rights Council to extend the mandate for a further two years. Given the trends on human rights violations and crimes in Nicaragua, it would be reasonable to provide oral updates periodically and on impunity, for the purpose of accountability and justice for victims. The mandate should be supported by the necessary resources so that it could be carried out appropriately, as the Group's scope was limited due to the lack of resources. There was a need for funds, analysts, and specific technological tools.
Speaking in the discussion were Cyprus, Democratic People's Republic of Korea, Venezuela, United Kingdom, Argentina, Spain, Holy See, Georgia, Italy, Chile, Belarus, Cuba, Iran, Australia, Ireland, Costa Rica, Ukraine, Russian Federation, Panama, Brazil, Eritrea, Syria, Paraguay, and China.
Also speaking were: Right Livelihood Award Foundation, Aula Abierta, Réseau International des Droits Humains, International Federation for Human Rights Leagues, Freedom House, International Service for Human Rights, Centre for Justice and International Law, Christian Solidarity Worldwide, Human Rights Watch, and Centre for Reproductive Rights, Inc.
The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council's fifty-second regular session can be found here.
The next meeting of the Human Rights Council will be at 3 p.m. this afternoon when the Council will hear a presentation of reports on Office of the High Commissioner for Human Rights activities in Colombia, Guatemala and Honduras and on Cyprus, before holding a general debate on agenda item two: annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-Genera
Interactive Dialogue with the Group of Human Rights Experts on Nicaragua
The interactive dialogue with the Group of Human Rights Experts on Nicaragua started in the previous
meeting and a summary can be found here.
Discussion
In the discussion, some speakers described the report presented as "a dangerous trend for interference in the internal affairs of a sovereign State". The report was based on unreliable sources and was another attempt to manipulate the Human Rights Council towards its own political interests. Some speakers said they rejected any practice and attempt of selective targeting of sovereign States and political interference in their internal affairs under the pretext of human rights. This was the collective West continuing its anti-Nicaragua campaign at the Human Rights Council. The right of developing countries to independently determine their own future and destiny should be respected.
Some speakers said truly acting in the name of human rights meant demanding the immediate elimination of unilateral coercive measures against Nicaragua and other countries of the South, the effects of which constituted an obstacle to the full enjoyment of human rights by the populations of the affected countries. It was astonishing to see the Group of Experts recommend the extension of these sanctions. Keeping Nicaragua on the agenda of the Council was part of the plan to try to justify the imposition of illegal and inhumane unilateral coercive measures against Nicaragua by the hegemonic countries.
Some speakers reaffirmed unwavering support for the Nicaraguan Government and the people of Nicaragua who continued to work tirelessly for sustainable development, peace, justice, well-being and social emancipation. Despite the bullying faced, Nicaragua continued to strengthen its institutions, especially its justice system and its national electoral system, with the main objective of guaranteeing the full enjoyment of the human rights of its people. Speakers welcomed the efforts undertaken by the Government of Nicaragua in fighting extreme poverty which should be recognised and supported.
Other speakers thanked the Group of Human Rights Experts for the presentation of the report and supported the recommendations made. The report raised concerns about the participation of the President, Vice President and officials, as well as non-State actors, in exceptionally serious human rights violations and abuses, including extrajudicial executions, torture, arbitrary deprivation of nationality, as well as violations of numerous fundamental freedoms. The Council was called on to renew the mandate of the Group, to seek an end to impunity, and to support accountability and justice for all victims, including Afro-descendants, indigenous peoples, peasants, journalists, the clergy and women and girls.
A number of speakers expressed deep concern about the serious human rights violations in Nicaragua, in particular the use of sexual and gender-based violence. They deplored the destruction of civic and democratic space, and the widespread repression against political opponents, religious leaders, journalists and the media, civil society and human rights defenders. Over 3,000 non-governmental organizations had been forced to shut down, with almost half of these since September last year. Some speakers noted that university students had been murdered by the Nicaraguan State, simply for engaging in peaceful demonstrations. The Nicaraguan Government was called on to restore the rule of law and democracy and to respect human rights and fundamental freedoms, including freedom of assembly and expression, media freedom and freedom of religion or belief.
Some speakers noted the recent release of 222 political prisoners as a constructive step, but stated that they should never have been detained. It was deeply troubling that their citizenship was stripped, leaving many stateless. Speakers called for the immediate release of all individuals who had been arbitrarily detained and for the Nicaraguan authorities to respect their rights. Nicaragua was called on to release unconditionally the political prisoners still in jail and to end the targeting of their families. There should also be the resumption of a genuine and constructive dialogue between the Nicaraguan Government and civil society.
The Nicaraguan Government was urged to collaborate openly with human rights mechanisms, cooperate with the Office of the High Commissioner for Human Rights, and allow opposition voices and non-governmental organizations to operate. Speakers called on Nicaragua to grant them access to the country, and to cooperate with international and regional mechanisms, in view of the next Universal Periodic Review cycle at the end of 2024, and to advance in an inclusive national dialogue.
Some speakers welcomed the views of the Group of Human Rights Experts on what the effect had been of actions taken to date by the international community to encourage Nicaragua to abstain from the commission of further violations, abuses, and crimes, and to hold those responsible to account. How could the international community support accountability for reprisals taken against civil society actors, including those engaging with the United Nations? What fields could they help to continue supporting work in Nicaragua?
Concluding Remarks
ANGELA MARIA BUITRAGO, Member of the Group of Human Rights Experts on Nicaragua, said the judicial system in Nicaragua needed to return to independence, and the arbitrary detentions could not continue. There was irreparable damage occurring and this society needed to return to fairness. There was a need for dialogue and recognition of difference. States must support education in Nicaragua so that there was recognition of the right to education as a human right.
JAN-MICHAEL SIMON, Chair of the Group of Human Rights Experts on Nicaragua, called upon the Human Rights Council to extend the mandate of the Group for a further two years. Given the trends on human rights violations and crimes in Nicaragua, it would be reasonable to provide oral updates periodically, including on impunity, for the purpose of accountability and justice for victims. This mandate should be supported by the necessary resources so that it could be carried out appropriately, as the Group's scope was limited due to the lack of resources. There was a need for funds, analysts, and specific technological tools. The results of the investigation showed that the mandate needed to look further into aspects of investigation cooperation, which had not been foreseen in the mandate's programmed budgetary implications previously. In order to investigate the aspects related to the indigenous communities, there was a need for a minimum of three specialists.
Initiatives from third-party countries to ensure justice were important here: crimes against humanity constituted grounds for jurisdiction which did not repose on citizenship. Countries that had recognised this were equipped to ensure that the crimes taking place in Nicaragua did not enjoy impunity, and that the perpetrators were brought to court. Third-country initiatives to allow access to justice to victims could be a reminder to the perpetrators in the country of the possibility of prosecution. On the deprivation of nationality, this was a deeply concerning issue, stripping them not only of nationality, but with a grave impact on a series of other rights, including the right to property and not to have families subjected to harassment.
Enhanced Interactive Dialogue on the Report of the Commission on Human Rights in South Sudan, with the Participation of the High Commissioner
Report
The Council has before it the report by the Commission on Human Rights in South Sudan, on the latest human rights developments in the country (A/HRC/52/26).
Opening Statements
VOLKER TÜRK, United Nations High Commissioner for Human Rights, said despite calls for a ceasefire and the implementation of the Peace Agreement, conflict and clashes across South Sudan were resulting in a raft of human rights violations and abuses against its people. The Office, through the Human Rights Division of the United Nations Mission in South Sudan, continued to document killings, injuries, and abductions of civilians; sexual violence; as well as looting and destruction of property. The number of victims was staggering. Between January and December 2022, the Human Rights Division documented 714 incidents of violence affecting 3,469 civilians, with some 1,600 killed, 988 injured, and 501 abducted.
Mr. Türk said he was appalled at the rates of conflict-related sexual violence in the country. In 2022, there were 380 women and girls who were reported victims of conflict-related sexual violence. The humanitarian needs in South Sudan were some of the greatest on the African continent. Some 8.9 million people were in critical need of humanitarian assistance, 2.2 million were internally displaced, and over 1.4 million children were malnourished. Compounding this, the country remained one of the most dangerous places for aid workers. Ahead of possible general elections in 2024, the trend of censorship and silencing of some political parties was worrying. Civil society and ordinary citizens - whose voices were crucial in calling for accountability - were also reporting being excluded from governance processes.
Overall, accountability for violations and abuses of human rights and international humanitarian law remained lacking, in a context of impunity, absent or weak judicial infrastructure, and lack of political will. Mr. Türk was also concerned by the number of reported extra-judicial executions, in flagrant violation of international law. The Government should uphold its obligations under international humanitarian and human rights law, including by protecting civilians from attack and ensuring accountability for violations. All those responsible for atrocities must be investigated and brought to justice.
While there had been some initiatives to improve accountability and redress for victims, they represented a mere trickle. Appropriate measures must be taken to provide full remedy to victims, including victims of sexual violence. On transitional justice, some progress had been made towards the establishment of the Commission on Truth, Reconciliation and Healing under the Revitalised Peace Agreement, with drafting of the Bill for this Commission, as well as the Compensation and Reparation Authority Bill, ongoing. Yet, despite agreement between the parties as far back as 2015, there had been little progress in operationalising the Hybrid Court for South Sudan, a crucial component of the accountability architecture foreseen for the country.
The world's youngest nation stood at a crossroads. But the Government, with the support of the international community, had the opportunity to choose a path of healing and sustainable peace. Strengthening accountability and civic space were critical. The international community stood ready to continue to accompany the people of South Sudan on their journey to lasting dignity, freedom and justice.
ANDREW CLAPHAM, Member of the United Nations Commission on South Sudan, presenting the Commission's seventh report with BARNEY AFAKO, Member of the Commission, said since the Commission last addressed the Council in March 2022, the team had documented more gross human rights violations throughout South Sudan, including widespread and horrific attacks against civilians and State-sponsored extrajudicial killings. Sexual violence against women and girls remained systematic, and the use of children by State and non-State forces continued. During a devastating operation in Leer, government-aligned militias carried out widespread killings, rape, and forced displacement against civilians considered to be loyal to the opposition. While instituting terror and trauma, attackers completely destroyed the livelihoods of communities already experiencing famine-like conditions. The Government official who instigated the attacks remained in public office.
In Tonj North, joint government forces inflicted a campaign of violence against civilians, beginning when the heads of the State's three main security organs were deployed to the area. In Mayom, a military operation overseen by a State Governor and a senior military officer culminated in extrajudicial killings of four men, with the killings brazenly shared on social media. In Upper Nile, civilians were targeted by multiple armed groups, in a quest for territorial control. In September and again in November, civilians sheltering in makeshift camps were attacked, and their food aid looted. The United Nations' protection of civilians site in Malakal was overwhelmed by tens of thousands of new people arriving to seek safety. Although the Government announced different special investigative committees to examine these four situations, only one actual investigation was carried out, and no trials took place. While the move towards prosecutions by the military courts was welcomed, the net needed to be cast wider so that senior people felt a sense of responsibility.
South Sudan could be different. The Revitalized Peace Agreement remained the framework to address the conflict and lead the country to a new, more stable future. Political leaders were asked to clearly instruct all public authorities to end the harassment of civil society and allow political space for a healthy public debate. Last month, the Commission was in South Sudan and met with survivors, as well as holding a workshop in the region to discuss the transitional justice arrangements. The Commission welcomed the Government's cooperation and looked forward to working for the establishment of all three mechanisms foreseen in the Agreement: the Hybrid Court, the Compensation and Reparation Authority, and the Commission on Truth Reconciliation and Healing. The report included a list of recommendations to improve the human rights situation, focusing on future accountability and prosecutions. Addressing impunity in South Sudan was critical for stability and a peaceful future.
RUBEN MADOL AROL KACHUOL, Minister of Justice and Constitutional Affairs of South Sudan, said regarding progress achieved, in early January 2023, the President of the Republic of South Sudan assented to the amendments of various national and security-related laws, and to the ratification of the International Convention on Persons with Disabilities, the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights and their Optional Protocols, and the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo Protocol). The Government had fully implemented the Action Plan for the Armed Forces on Addressing Conflict-Related Sexual Violence in South Sudan. The National Amendment Committee had completed the review of laws under chapter IV of the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (2018) for economic reforms. On the establishment of the transitional justice mechanisms, the Bills for the establishment of the Commission for Truth, Reconciliation, and Healing and the Compensation and Reparation Authority were currently being drafted by experts.
The Government had had the opportunity to review the report of the Commission on Human Rights in South Sudan submitted to this fifty-second session, and observed that the methodology used was profoundly flawed. It contained recycled allegations from previous reports dating back to 2013. The Commission had also overreached its mandate by encroaching upon the mandates of other mechanisms, and further omitted dates and locations where the alleged human rights violations had taken place, cognisant that such an approach made any meaningful response by the Government impossible. In view of this, the Government objected to the renewal of the mandate of the Commission of Human Rights in South Sudan because the Commission was undermining the sovereignty of South Sudan. South Sudan welcomed the renewal of resolution A/HRC/RES/49/35 on technical assistance and capacity building for South Sudan.
Discussion
In the discussion, some speakers welcomed the report of the Commission on Human Rights in South Sudan and thanked its members for their work. The assessment of the general situation in South Sudan, including enforced disappearances, unlawful killings, and sexual and gender-based violence was alarming. The Commission remained the only independent mechanism able to safeguard future accountability for crimes under international law. The Council was urged to renew the mandate of the Commission in full and to allow its members to continue their vital work, in support of a sustainable improvement in the human rights situation in South Sudan. The renewal of the mandate was paramount in pursuing truth, justice, and reconciliation in South Sudan.
Some speakers thanked the Commission for drawing attention to widespread conflict-related sexual violence, which disproportionately affected women and girls. Speakers remained deeply concerned about the sexual and gender-based violence taking place in South Sudan. There was strong agreement with the Commission that the pervasiveness and impact of sexual violence needed to be confronted and addressed in future efforts aimed at acknowledgment, repair and redress. For sexual violence to be addressed, the voices of women and girls across South Sudan needed to be heard.
The sharp rise in sub-national conflict over the past year was significantly contributing to the protracted human rights crisis in South Sudan. Some speakers expressed alarm at rampant human rights violations and abuses, including those involving ethnic-based killings, and the use of child soldiers. In the past year, the Commission had documented widespread attacks against civilians in several states, including southern Unity state, Upper Nile state and northern parts of Jonglei state. These conflicts were left with minimal response from the Revitalized Transitional Government of National Unity, despite months of widespread attacks against civilian populations. Speakers strongly supported the request of the Human Rights Commission for Sudan for all parties to immediately end attacks on civilians.
Some speakers were concerned by reports of Government intimidation, harassment, illegal arrest and arbitrary detention of civil society actors and media workers. Continued attacks on humanitarian workers were unacceptable, with eight people killed in January of 2023 alone. The report highlighted the continuation of repression, arbitrary arrests - even of journalists - and extrajudicial killings, implicating senior officials, who enjoyed impunity even where the crimes were caught on camera. The absence of substantive attempts to hold perpetrators of atrocities accountable was still a source of deep concern.
Credible measures needed to be taken to combat impunity in order to meet victims' need for justice and break cycles of violence. Speakers urged the parties to make immediate progress on security arrangements, transitional justice, and the rule of law. Speakers called on the South Sudanese Government to redouble its efforts together with all stakeholders to end impunity and implement the remaining key tasks to achieve the political transition. In view of the elections scheduled for December 2024, the participation of civil society and respect for fundamental freedoms needed be guaranteed. This was an essential condition for the consolidation of peace and the strengthening of South Sudanese institutions.
As South Sudan faced its worst hunger crisis, speakers said they would continue to provide humanitarian assistance to meet peoples' needs. The authorities needed to guarantee the protection of humanitarian workers and humanitarian access. Three-quarters of South Sudan's population was going hungry.
Speakers said the implementation of the Road Map adopted last August needed to be kept a priority, particularly the establishment of the National Electoral Commission and the Council of Political Parties. The launch of the process of drafting the future constitution was a positive sign. Partial progress had been achieved in implementing the 2018 Revitalised Peace Agreement. However as planned elections had been postponed to late 2024, speakers were worried about its slow implementation, and called strongly for a peaceful and just transition. After nearly five years of delay, the opportunity needed to be seized to reset the country towards peace, rule of law, democratic transition and prosperity. It was regretful that the extension of the Peace Agreement had not been accompanied by a renewed sense of urgency for its implementation.
Some speakers said the international community should provide the cooperation and technical assistance on human rights that South Sudan requested, respecting its will as a sovereign State, its independence, and territorial integrity. It was regrettable that there were two parallel resolutions on South Sudan. Some speakers said they deplored the lack of cooperation by the Council with the Government of South Sudan with respect to the mandate. They reiterated their opposition to the politicised initiatives of some hegemonic countries against South Sudan, which violated the universal principles of respect for sovereignty and non-interference in the internal affairs of States, enshrined in the United Nations Charter.
A number of speakers said South Sudan had demonstrated its willingness to advance the promotion and protection of the human rights of its people. The country was progressing along the path of dialogue and understanding, towards peace and national reconciliation. Some speakers commended South Sudan's efforts to respect and advance human rights, as well as the notable achievements highlighted in the implementation of the Revitalised Peace Agreement, and South Sudan's cooperation with human rights mechanisms.
Concluding Remarks
RUBEN MADOL AROL KACHUOL, Minister of Justice and Constitutional Affairs of South Sudan, said the Government was committed to implement the Peace Agreement in two years, and therefore would soon have the Constitution-making process in place, as well as the transitional justice mechanisms. The Government was aware that apart from the implementation of the Agreement, there were issues of gross human rights violations that had to be undertaken, and the Government was already going to have a National Human Rights Council in place as the focal body to deal with human rights concerns. In that regard, the Government was committed to constructively engage with the international human rights bodies; it appreciated the concerns raised here based on the report of the Commission. The Government was very much more concerned about issues of impunity than the report conveyed, and this was why it wanted the international community to understand the circumstances under which the Government was operating, in order to correct the image on human rights in South Sudan. More importantly, South Sudan needed support, and it gave that support priority. Much had been said and lamented about the human rights situation, and now the international community and the Government had to move to very effective ways of supporting the people and Government of South Sudan to implement a programme that would improve the situation of human rights in the country, by, among other points, moving the situation to item 10 at the Council so that it would get the capacity building and technical assistance that it needed.
BARNEY AFAKO, Member of the United Nations Commission on South Sudan, said it was important for the Government of South Sudan to invest in the criminal justice system and strengthen the rule of law. These were long-term interventions which required resourcing. In the meantime, specialist interventions were necessary, including the strengthening of the mobile courts, military courts, and the national security service tribunals, to deal with errant security officers. Transitional justice required a holistic approach. The report had called for interim reparations, as victims could not afford to wait indefinitely for assistance and redress. The recently held workshop highlighted the appetite for transitional justice. The African Union was thanked for their involvement and asked to cooperate with the Government, to facilitate the end of impunity in South Sudan.
High Commissioner's Oral Update
Presentation by the High Commissioner of his Oral Update on the Activities of his Office and Recent Human Rights Developments
VOLKER TÜRK, United Nations High Commissioner for Human Rights, said this Human Rights Council's session focused on a number of situations that were of particular concern, and this morning he had the opportunity to reflect back to the Council on broader human rights developments, by no means exhaustive, that required particular attention, with a view to finding solutions, namely solutions that stemmed from rights that were universal, while being tailored to the specific circumstances of each State. Full cooperation with the Office and its field presences - as well as with all the human rights mechanisms - were about just that: solutions. It was not a lightning rod for criticism. Discussions of complex human rights issues could be difficult or sensitive, for some, yet the international community needed to regain the space to discuss them in a constructive and open spirit, undisturbed by the tug of geopolitics and bearing in mind that nobody was perfect.
The war in Ukraine had led to civilian casualties and destruction of a shocking magnitude. The rights of Ukrainians would be harmed for generations to come, and the war's impact on fuel and food prices, as well as geopolitical tensions, were impacting negatively on people in every region of the world. Syria was a microcosm of the wounds inflicted by utmost contempt for human rights. Last month's earthquakes had added to this tragedy. The only way forward must be through respect for human rights, and proper accountability of all those who had committed atrocity crimes.
The security situation in Mali was particularly alarming in the central part of the country and the border area between Burkina Faso, Mali and Niger. Serious violations had also been committed by the Malian Armed Forces, in some instances accompanied by foreign military and security personnel. Mr. Türk was also concerned about the prospect of deepening instability in Burkina Faso, where it was critical to reverse the course of ever-increasing violence, and to allow civil society and political parties to thrive.
In Ethiopia, the welcome implementation of the cessation of hostilities agreement needed to be fully effected, including on transitional justice, and there also needed to be tangible progress on accountability regarding conflict-related violations and abuses. In addition to Eritrea's continued military presence in Tigray, reports had been received that Eritrea was further increasing its use of forced and prolonged conscription, a practice that was akin to enslavement and the main driver of refugee outflows.
In Yemen, the parties needed to heed the calls of a population exhausted by eight years of brutal warfare, and move decisively towards a United Nations-led peace process. In Libya, widespread violence by armed actors, a longstanding political impasse, and an increasingly restrictive civic space continued to destroy lives and severely harm rights. On Western Sahara, the Office continued remote monitoring of the human rights situation. Progress on human rights in Kashmir, and justice for the past, would be key to advancing security and development. The people of Haiti endured conditions of nightmarish violence, and the situation called for a combination of responses, including turbo-charging the political process towards free and transparent elections; fully implementing the arms embargo; and effective sanctions against those who sponsored and directed armed gangs.
The repression of women in Afghanistan was unparalleled, contravening every established belief system, constituting a clenched fist around Afghanistan's economy and its future. Such a tyranny must not escape accountability. In Iran, it was urgent for the authorities to act on the demands of protestors, in particular women and girls, who continued to endure profound discrimination. Mr. Türk welcomed the new law passed by Sierra Leone in November that prohibited gender discrimination; mandated at least 30 per cent women in Parliament, the diplomatic corps, local councils and the civil service; and established equal pay for women, among a host of other steps. Spain's adoption last month of legislation to uphold essential sexual and reproductive rights, including by removing restrictions on access to safe abortion, was also welcomed.
Vicious hate speech was directed not only at women and girls, but also people of African descent; Jews; Muslims; lesbian, gay, bisexual, transgender, intersex, queer plus people; refugees; migrants; and many other people from minority groups. Deliberate provocations, such as recent incidents of burning the Qu'ran, were intended to drive wedges between communities. The violence that was so disproportionately inflicted on people of African descent by law enforcement officers was an example of the deep structural harm rooted in racial discrimination. The Office and United Nations human rights mechanisms had repeatedly highlighted excessive use of force, racial profiling and discriminatory practices by police, most recently in Australia, France, Ireland and the United Kingdom. In Brazil, overall deaths in encounters with police fell in 2021 for the first time in nine years, with a 31 per cent drop for white people, according to one source - but a rise of almost 6 per cent in the number of deaths of Afro-descendants.
In the United States, people of African descent were reportedly almost three times more likely to be killed by police than were "white" people. In the United States and all other countries, swift and determined action to hold perpetrators accountable in each case should be the rule, not the exception. In the Philippines, where killings in drug-related police operations still occurred, the Office was working with security actors to strengthen accountability and promote human rights in drug enforcement.
Structural injustices, abject poverty and skyrocketing inequalities constituted pervasive human rights failures. Lebanon was in the throes of one of the worst economic crises in modern history, with more than half of the population now said to be living below the poverty line, and two million people facing food insecurity. In Sri Lanka, debilitating debt and an economic crisis had sharply restricted people's access to fundamental economic and social rights. Many countries in southern Africa had been hard-hit by successive economic blows, including from COVID-19; rising food, fuel and fertilizer prices due to the war in Ukraine; and spiralling debt repayment. In a region that was the world's most unequal, these shocks were pushing millions more people into poverty. Surging inflation in Mauritius, for example, had led to unprecedented public protests. South Africa last month declared its energy crisis a national state of disaster. While numerous countries in the Global North were also experiencing poverty, people in the United Kingdom were currently experiencing a cost of living crisis that could result in the largest drop in living standards on record. The global debt emergency had hit developing countries, in particular, like a runaway train. The impact on their people were crushing hopes and lives. The Bridgetown Initiative by Barbados stood out for its clear vision of economic justice and new methods for international financing bodies.
Harsh restriction of the civic space was the Achilles heel - the fatal weakness - of governance. Mr. Türk was alarmed by the number and range of countries in which he must report steps that undercut institutions of justice, media freedoms, and the space for fundamental civic freedoms. In Tanzania, progress had been made in opening up civic and democratic space over the past two years. Zambia had also taken positive steps towards greater respect for human rights and the rule of law. In Kenya, some advances had been made towards accountability for serious human rights violations.
Yet, in the Russian Federation, multiple trends were of concern, including the demise of Russia's civic space, and constant pro-war messages on State media that fed stereotypes and incited hatred and violence. Legislation prohibiting so-called "propaganda of non-traditional relationships" was extended, to cover information to anyone about lesbian, gay, bisexual, transgender, intersex, queer plus people relationships and sexuality, as well as gender transitioning.
There was growing agitation against the rights of lesbian, gay, bisexual, transgender, intersex, queer plus people individuals in many countries, mostly recently in East Africa - including rhetoric by politicians that incited hatred, as well as crackdowns on lesbian, gay, bisexual, transgender, intersex, queer plus organizations. Last week a very troubling draft, the so-called "Anti-Homosexuality" Bill, was tabled in Uganda's Parliament, while in Burundi, 24 people were arrested in a crackdown, many of them engaged in AIDS education.
In Tajikistan, independent journalists and bloggers had been sentenced to between 7 and 21 years in jail, on charges related to terrorism and extremism, in a deepening crackdown on freedom of expression. In Bangladesh, there was increasing incidence of political violence, coupled with arbitrary arrests of political activists, and ongoing harassment of human rights defenders and media personnel in the build up to elections this year. In Cambodia, the Government continued to suppress political opposition, human rights defenders and independent media.
In Tunisia, there was concern for recent harsh crackdowns in which judges, media, civil society actors, opposition members and labour leaders had been prosecuted - including before military courts - for allegations that included national security crimes and terrorism. In Egypt, continuing restrictions on civic space included crackdowns on dissent, arbitrary detention, and action to censor and block websites. In Peru, at least 60 people were killed and over a thousand injured in clashes with security forces and at roadblocks during recent protests. Regarding China, the Office had opened up channels of communication with a range of actors to follow up on a variety of human rights issues, including the protection of minorities, such as for Tibetans, Uyghurs and other groups, and also had concerns about the severe restriction of civic space more generally, including the arbitrary detention of human rights defenders, and lawyers; and the impact of the National Security Law in Hong Kong.
Combatting climate change and upholding the right to a clean, healthy and sustainable environment were the defining struggles of this generation. Again, I would like to share a few examples. Somalia was currently enduring a historic drought, with agonising impact on the lives and rights of millions of people. In the Sahel region, a recent report by the Office outlined the profound impact of climate change-related soil degradation and declining food production on income, health, resource competition, conflict, and displacement - a vicious cycle that now spun deeper with every planting season. Iraq was also suffering profound damage from climate change, with sharply increasing temperatures, less rainfall, and more dust storms. Pacific Island States and other small island developing countries had led the world in advocating climate action, including a regional framework to prevent and respond to displacement. Vanuatu had taken the initiative to seek an advisory opinion from the International Court of Justice on the obligations of States to protect the rights of present and future generations against the adverse effects of climate change.
Conflict, discrimination, poverty, restrictions on civic space and the triple planetary crises: the world faced the continued and compounding effects of these crises - while also confronting a surge of new human rights challenges, notably in the digital realm and involving artificial intelligence and surveillance. Fresh thinking, political leadership, renewed commitments, and dramatically scaled-up financing - with the centrality of human rights at their core - were urgently needed to meet these challenges.
