Human Rights Council Holds Interactive Dialogue with the Working Group on Enforced or Involuntary

The Human Rights Council this morning held an interactive dialogue with the Working Group on Enforced or Involuntary Disappearances, and started an interactive dialogue with the Working Group on the Use of Mercenaries . It also concluded its interactive dialogue with the Independent Expert on the promotion of a democratic and equitable international order.

Luciano Hazan, Chair of the Working Group on Enforced or Involuntary Disappearances, said that over its 30 years, the Working Group had worked tirelessly to help the relatives of the disappeared, and would continue to do so. There was greater awareness about this egregious crime, and about legislative tools to combat it. But its face was changing, and there were new and alarming trends that needed to be tackled. Many incidents of enforced disappearances were not reported, and there were reprisals against those who did report them. The changes required new responsibilities from the Working Group and the international community in general, and the Working Group was investigating how new technologies could be used both to investigate and document human rights violations, as well as how they could be used to restrict freedoms.

Mr. Hazan spoke about the Working Group’s visit to Cyprus and Cyprus spoke as a country concerned.

In the ensuing discussion, many speakers outlined national measures implemented to locate victims of enforced disappearance, train defence and security forces on the issue, bring those responsible to justice, and ensure repatriation. Enforced or involuntary disappearances were crimes against humanity and should not be tolerated. Many speakers welcomed the Working Group’s report and underlined the importance of its efforts to combat enforced disappearances. Some speakers said that some parties abused the mechanisms of the Working Group by providing it with false allegations and information. These speakers called on the Working Group to devote more efforts to verifying the truthfulness of claims.

Speaking in the interactive discussion were Lithuania on behalf of the Nordic-Baltic countries, European Union, Organization of American States, Belgium on behalf of the three countries of the Benelux, Argentina on behalf of a group of countries, France, Democratic People's Republic of Korea, Iraq, Afghanistan, Maldives, Venezuela, South Africa, Russian Federation, China, Honduras, Syrian Arab Republic, Armenia, Cameroon, United States, Indonesia, Bangladesh, Pakistan, Croatia, Burkina Faso, Nepal, Ukraine, Yemen, Niger, Azerbaijan, Thailand, Portugal, Cuba, Kenya, United Kingdom, Malawi, Serbia, Japan, Greece, Turkey, Gambia, Iran, Bosnia and Herzegovina, Tunisia, Cambodia, and Ecuador.

Also speaking were Commission Nationale Indépendante des droits de l'homme du Burundi , and Human Rights Defender's Office of the Republic of Armenia, as well as the following non-governmental organizations: International Association of Jewish Lawyers and Jurists, Institut International pour les Droits et le Développement, Asian Legal Resource Centre, International Organization for the Elimination of All Forms of Racial Discrimination, Peace Brigades International, Organization for Poverty Alleviation and Development, Meezaan Center for Human Rights, Conectas Direitos Humanos, Latin American Federation of Associations of Relatives of Disappeared Detainees, and Lawyers' Rights Watch Canada.

The Council also started an interactive dialogue with the Working Group on the Use of Mercenaries.

Sorcha Macleod, Chair-Rapporteur of the Working Group on the use of mercenaries as a means of violating human rights and impeding the right of peoples to self-determination, said that the thematic report of the Working Group focused on the issue of lack of access to justice, accountability, and remedies for victims of mercenaries, mercenary-related actors, and private military and security companies. The Working Group had observed with concern the increasing use of mercenaries, mercenary-related actors, and private military and security companies worldwide in conflict, post-conflict and peacetime contexts, including in so-called proxy wars. A key step in achieving justice for victims was ensuring effective accountability for the violations perpetrated by mercenaries. The Working Group further called upon States to adopt an international legally binding instrument on the activities of private military and security companies, and to ensure consistent regulation at the national level. Further, States needed to provide effective and equitable public services, including criminal and civil justice, legal aid, support and reparation to victims.

In the ensuing discussion, some speakers said the roles and actions of mercenaries should not be confused with the activities of private military and security companies, the use of which was lawful in certain circumstances. The growing violations of human rights spread by mercenaries and other actors were not adequately addressed by existing accountability measures, nor were there adequate tools for redress. There should be an international instrument and body allowing for the international community to investigate allegations of mercenary activities, and to access justice. A speaker pointed out that the Working Group’s work would prove to be more effective if its scope were to focus more clearly on mercenaries and mercenary-related activities.

Speaking in the interactive discussion were the European Union, Libya, Cuba, Iraq, Luxembourg, Afghanistan, Panama, Venezuela, Russian Federation, Namibia, China, Armenia, Cameroon, Pakistan, Azerbaijan, Greece, Malawi, Iran, Tunisia, and France.

At the beginning of the meeting, the Council concluded its interactive dialogue with Livingstone Sewanyana, Independent Expert on the promotion of a democratic and equitable international order.

In the discussion, some speakers said that non-State armed groups needed to be disarmed and dismantled, and there was a need for increased resources for the United Nations and more peacemakers to achieve peace. Peace could be achieved through dialogue, multilateralism, cooperation and other non-violent means. There was a need for structural reforms of key United Nations bodies, some speakers said. Respect for international human rights and humanitarian law, and for social and economic development was essential for maintaining international peace and security. Some speakers called on the Independent Expert to address the effect of unilateral coercive measures on peace.

In concluding remarks, Mr. Sewanyana said it was imperative to achieve peace and security for the development of just and peaceful international law. States had a duty to tackle threats thereto, including climate change, and should avoid the use of force in dealings with each other. It was important for States to avoid unilateralism and the use of unilateral coercive measures. The General Assembly needed to call for the reform of the Security Council so that it would be democratic, representative, and relevant. The geo-political divide was a threat not only to world peace but also to world development.

Speaking in the interactive discussion were International-Lawyers.Org, Centre for Global Nonkilling, Associazione Comunita Papa Giovanni XXIII, Medical Support Association for Underprivileged Iranian Patients, Jameh Ehyagaran Teb Sonnati Va Salamat Iranian, China Society for Human Rights Studies (CSHRS), Shaanxi Patriotic Volunteer Association, and Maat for Peace, Development and Human Rights Association.

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-first regular session can be found here .

The next meeting of the Council will be at 3 p.m. this afternoon, when it will conclude its interactive dialogue with the Working Group on the Use of Mercenaries. It will then hold an interactive dialogue with the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and waste. This will be followed by a briefing by the President of the Economic and Social Council on the discussions of the high-level political forum on sustainable development. After this, the Council will hear presentations of thematic reports by the United Nations Secretary-General and the High Commissioner for Human Rights, followed by a general debate on the Council’s agenda item three on the promotion and protection of civil, political, economic, social and cultural rights, including the right to development.

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