5/9 Report of the United Nations High Commissioner for Human Rights on the follow-up to the report of the Commission of Inquiry on Lebanon

GE.07-12728 (E) 070607

UNITED NATIONS

A

General Assembly Distr. GENERAL

A/HRC/5/9 4 June 2007

Original: ENGLISH

HUMAN RIGHTS COUNCIL Fifth session Item 2 of the provisional agenda

IMPLEMENTATION OF GENERAL ASSEMBLY RESOLUTION 60/251 OF 15 MARCH 2006 ENTITLED “HUMAN RIGHTS COUNCIL”

Report of the United Nations High Commissioner for Human Rights on the follow-up to the report of the Commission of Inquiry on Lebanon

Summary

The present report has been prepared pursuant to Human Rights Council resolution 3/3 of 8 December 2006 and, as stated during the 10th meeting of the fourth session of the Council, this resolution requested the United Nations High Commissioner for Human Rights to consult with the Government of Lebanon on the report and its findings and on the relevant recommendations contained therein, and to report to the Council.

The Commission of Inquiry on Lebanon was established by Human Rights Council resolution S-2/1 of 11 August 2006. It presented its report (A/HRC/3/2) to the Council on 1 December 2006.

Following the adoption by the Council of resolution 3/3, the Office of the High Commissioner for Human Rights held consultations with the Government of Lebanon and sent letters to a wide range of organizations and agencies whose mandates related to one or more recommendations of the Commission of Inquiry. The letters sent by the Office of the High Commissioner drew the attention of these organizations and agencies to the report of the Commission of Inquiry, and asked for information on their programmes and activities related to the recommendations of the Commission.

This report is based on information received from partner organizations and agencies, and describes the steps taken by the High Commissioner and her Office as well as a wide range of organizations and agencies to implement Human Rights Council resolution 3/3 and the recommendations of the Commission of Inquiry as contained in its report.

The present report outlines a wide range of activities and programmes launched by the international community that give concrete follow-up to the Commission of Inquiry’s recommendations. It also highlights the importance of integrating human rights in any recovery process to ensure increased sustainability, as can be seen clearly in post-war Lebanon. The range of activities giving effect to the recommendations of the Commission of Inquiry is to be warmly welcomed, as are all efforts to integrate human rights in the reconstruction process.

CONTENTS

Paragraphs Page

I. INTRODUCTION ............................................................................... 1 - 4 5

II. HUMANITARIAN ASSISTANCE AND RECONSTRUCTION ...... 5 - 34 5

A. Mobilization of the international community ............................. 5 - 6 5

B. Funding and coordination mechanisms ...................................... 7 6

C. United Nations system assistance to reconstruction and recovery, particularly improving living conditions .................... 8 8

1. Health ..................................................................................... 9 8

2. Child health ............................................................................ 10 8

3. Water and sanitation .............................................................. 11 9

4. Protection ............................................................................... 12 9

5. Mine clearance/mine action ................................................... 13 10

6. Environment .......................................................................... 14 10

7. Restoring lives and livelihoods .............................................. 15 - 20 11

D. Evaluation of humanitarian assistance ........................................ 21 12

E. Oil spill response ........................................................................ 22 - 24 13

F. Recovery of Lebanon and of the civilian population .................. 25 - 34 13

III. VULNERABLE GROUPS (CHILDREN) .......................................... 35 15

Education .............................................................................................. 35 15

IV. WEAPONS .......................................................................................... 36 - 45 16

A. Initiatives on cluster munitions ................................................... 36 - 40 16

B. Research on weapons .................................................................. 41 - 44 17

C. Information on the use of cluster munitions ............................... 45 18

CONTENTS (continued) Paragraphs Page

V. REDRESS FOR VIOLATIONS OF HUMANITARIAN AND HUMAN RIGHTS LAW ............................................................ 46 - 49 18

A. Promotion of legal means for victims ......................................... 46 18

B. Redress for victims of violations of international humanitarian and human rights law ............................................ 47 19

C. Collaboration with the Lebanese Parliamentary Committee for Human Rights...................................................... 48 19

VI. CONCLUSION .................................................................................... 49 19

I. INTRODUCTION

1. This report has been prepared pursuant to Human Rights Council resolution 3/3 of 8 December 2006 and, as stated during the 10th meeting of the fourth session of the Council, this resolution requested the United Nations High Commissioner for Human Rights to consult with the Government of Lebanon on the report and its findings and on the relevant recommendations contained therein, and to report to the Council.

2. The Commission of Inquiry on Lebanon was established by Human Rights Council resolution S-2/1 of 11 August 2006. It presented its report to the Council on 1 December 2006 (A/HRC/3/2).

3. Following the adoption by the Council of resolution 3/3, the Office of the High Commissioner for Human Rights held consultations with the Government of Lebanon and sent letters to a wide range of organizations and agencies whose mandates relate to one or more recommendations of the Commission of Inquiry. The letters sent by the Office of the High Commissioner drew the attention of these organizations and agencies to the report of the Commission of Inquiry, and asked for information on their programmes and activities related to the recommendations of the Commission.

4. This report is based on information received from partner organizations and agencies, and describes the steps taken by the High Commissioner and her Office as well as a wide range of organizations and agencies to implement Human Rights Council resolution 3/3 and the recommendations of the Commission of Inquiry as contained in its report.

II. HUMANITARIAN ASSISTANCE AND RECONSTRUCTION

A. Mobilization of the international community

5. Within two weeks of the cessation of hostilities, an international donor conference was held in Stockholm on 31 August 2006, under the patronage of the Prime Minister of Sweden, to support Lebanon’s early recovery and residual humanitarian needs. In line with national leadership and ownership of early-recovery efforts, including priority-setting based on government-led preliminary assessments of war damage, the focus of the Stockholm conference was primarily on early-recovery requirements and on any residual humanitarian needs from the United Nations Flash Appeal. According to the United Nations Resident Coordinator, who chaired the Early Recovery Cluster, the Cluster assisted the Government in the preparation of the donor conference and organized sector working groups in cooperation with the relevant line ministries to identify early-recovery priorities. Inputs from the various United Nations agencies were also solicited and coordinated with the Office of the Prime Minister and the Council of Development and Reconstruction. Based on needs assessments undertaken by the Government in close cooperation with United Nations agencies, donors pledged a total of US$ 940 million towards Lebanon’s national early-recovery efforts. Adding previous pledges and commitments for longer-term reconstruction projects, a total of US$ 1.2 billion was pledged to support Lebanon’s early-recovery efforts in the transition towards long-term reconstruction.

Early-recovery initiatives ensure measures to meet the immediate needs of the Lebanese people across 11 sectors, namely: displacement and shelter; mines and unexploded ordnance; infrastructure; water and sanitation; health; education; environment; employment; agricultural production; industrial production; and assistance to the Palestinian refugees.

6. Following this conference, the Government continued to undertake more in-depth assessments of the war’s direct and indirect impact on public infrastructure, services and the economy, and to make the needed adjustments to the medium-term economic, fiscal and social reform programme that it had elaborated prior to the war, with support from the United Nations agencies. The medium-term reform programme, adjusted to post-war reconstruction and recovery imperatives, was presented to an international donor conference held in Paris on 25 January 2007, under the patronage of President Jacques Chirac and with the participation of the Secretary-General. The Paris III conference was organized on the basis of the medium-term fiscal, economic and social reform programme of the Government of Lebanon, adjusted to post-war realities and aiming to place Lebanon on a sustainable growth path, including debt sustainability. Pledges amounted to US$ 7.6 billion, mainly in the form of concessional loans and grants. Conference participants expressed full support for Lebanon’s reform programme and for ensuring that it benefits all the people of Lebanon, throughout the country. The Government’s reform programme included a Social Action Plan to cushion the poor against any adverse impacts of fiscal and economic adjustments and to develop a longer-term social development strategy to redress regional disparities in socio-economic indicators which were further exacerbated by the direct and indirect impact of the war.

B. Funding and coordination mechanisms

7. The Government has established a number of mechanisms to ensure transparency and accountability with respect to the channelling and use of donor funds, including a mechanism for donors to directly manage the funds they pledge for reconstruction through an “adoption” scheme: for example, adopting a village (or cluster of villages) and reconstructing it in its entirety; a bridge (or several bridges); a school (or a number of schools); a hospital, a mosque or any other damaged infrastructure. Several donors have opted for this model, particularly Arab donors. The information transmitted by the Office of the Resident Coordinator gives details about the following coordination and funding mechanisms established with United Nations support:

(a) The Recovery and Reconstruction Cell (RRC) was established in the Office of the Prime Minister, with support from the United Nations Development Programme (UNDP), in the immediate aftermath of the war, to facilitate the Government’s overall leadership and coordination responsibilities for reconstruction and recovery. With leadership of donor coordination responsibilities vested in the Ministry of Finance, RRC coordinates the prioritization of recovery programmes (other than major infrastructural projects falling under the aegis of the Council for Reconstruction and Development) and the allocation of the needed resources to implement them. RRC, together with representatives from the Ministry of Finance and Council for Reconstruction and Development, constitute a tripartite coordination secretariat within the Office of the Prime Minister;

(b) The Development Assistance Database (DAD) was established by the Government of Lebanon with assistance from UNDP in the immediate aftermath of the war. DAD is housed in the Recovery and Reconstruction Cell in the Office of the Prime Minister. It aims at strengthening aid coordination and harmonization by providing for a unified and transparent data management system which is accessible online, to track progress on resource allocation to, and programme implementation of, recovery assistance. Complementing the DAD, the Ministry of Finance, which leads overall donor coordination, is establishing a data management system, with support from the World Bank. This system captures information at the transactional level and monitors financial flows from both the national budget and external resources. Both systems are expected to be integrated subsequently;

(c) The Lebanon Recovery Fund (LRF) was established as an additional option for donors through which to channel their resources to support recovery. LRF is a United Nations Development Group (UNDG) Multi-Donor Trust Fund pooling donor resources to support activities undertaken by UNDG agencies in cooperation with Government, private sector and/or NGOs. It is administered by UNDP and is managed by a Steering Committee headed by the Minister of Economy and Trade and with a membership consisting of four donors (Sweden, the European Union, the United Arab Emirates and Kuwait), a representative of the Ministry of Finance, the Head of RRC in the Office of the Prime Minister, and the United Nations Resident Coordinator. To date, LRF has received a total of close to US$ 17 million to be disbursed in accordance with government-set recovery priorities, as approved by the LRF Steering Committee. The first meeting of the LRF Steering Committee is expected to take place soon, and it will mark the moment at which projects can be submitted for funding; (d) Resident Coordinator sub-offices are a coordination structure at the subnational level established by the Resident Coordinator to support the coordination and coherence of recovery efforts on the ground. This structure consists of four Resident Coordinator sub-offices located in the following geographical areas: Tyre, for South Lebanon; Chtoureh, for the Bekaa; Tripoli, for north Lebanon and Dahieh, for the Beirut southern suburbs. These Resident Coordinator sub-offices bring together United Nations agencies, national and international NGOs, civil society organizations, municipal authorities and line ministries at decentralized levels, as well as other actors/stakeholders involved in the recovery efforts to ensure their overall coherence and synergy. Although the North, for example, did not suffer as much as other areas from the destruction of civilian infrastructure, it is one of the poorest areas of the country and was severely affected by the war’s impact on the economy and employment. Thus, notwithstanding the need to direct much of the recovery assistance efforts toward South Lebanon, concentrating exclusively on this region risks exacerbating or creating new disparities elsewhere. The geographic distribution of the Resident Coordinator sub-offices reflects the importance of ensuring that recovery efforts are inclusive, sustainable and equitable in their coverage throughout Lebanon;

(e) Coordination Clusters: Following the Paris III conference, the Government of Lebanon has also established a set of Coordination Clusters corresponding to the main pillars of its medium-term Reform Programme and its Reconstruction and Recovery priorities, which were presented to the conference. The Social Development Coordination Cluster, for example, which

revolves around the work of the newly established Inter-Ministerial Committee for Social Development, comprised of the Ministries of Social Affairs, Finance, Economy and Trade, Health, Education, Labour, Interior and Municipalities, and the Council for Development and Reconstruction, will be supported by UNDP as secretariat and will be the vehicle for United Nations Country Team inter-agency participation in the elaboration of the longer-term Social Development Strategy. Other government-led Coordination Clusters will be supported by the World Bank and the International Monetary Fund (IMF), respectively.

C. United Nations system assistance to reconstruction and recovery, particularly improving living conditions

8. All the United Nations agencies are involved in providing assistance to Lebanon’s reconstruction and recovery, with a major focus on improving living conditions based on needs assessments that have been undertaken by the agencies in their sectors of expertise and organizational mandates. The information transmitted by the Office of the Resident Coordinator gives an overview of these activities.

1. Health

9. WHO has carried out a post-war health assessment, in partnership with the Ministry of Health, and with the collaboration of UNFPA and UNICEF, on the basis of which recovery assistance programmes have been formulated, ranging from refurbishment and resupply of hospitals and health centres, to the rehabilitation of water supplies and sanitation networks, immunization campaigns, and reproductive health-care services. The three agencies shifted rapidly from their humanitarian response to sustainable recovery. This includes addressing the critical threats to the health of IDPs, which were alleviated through the provision of essential drugs sufficient for an estimated 70,000 people. Three hospitals in Nabatiyeh, including maternity clinics and emergency obstetric care operations, are now functioning after the provision of generators. In terms of assessments of health facilities, the first phase was completed in August 2006, and the second, covering the South and the Bekaa, was completed in March 2007. In addition, WHO submitted information about the rehabilitation of 13 health centres in the most affected areas, and about the support provided in two spraying campaigns to exterminate insects, rodents and fungus in the most affected areas such as the South, the Bekaa Valley and suburbs of Beirut, that were implemented by the Lebanese Ministry of Public Health.

2. Child health

10. UNICEF and WHO provided information on activities related to child health implemented in Lebanon. WHO carried out an urgent immunization campaign at the end of July which covered 20,898 children under 15 years of age against measles, and 8,345 children under 5 years of age against polio. In October and November, UNICEF provided anti-polio vaccines to 300,000 children, with the aim of keeping Lebanon a polio-free country. A joint statement by the World Health Organization (WHO), UNICEF, the Ministry of Public Health and the Ministry of Social Affairs on appropriate infant feeding for the general population as well as a manual on infant nutrition for primary health-care workers were issued and distributed. Various initiatives by UNICEF and WHO support the provision of psychosocial assistance and basic counselling to

more than 300,000 children who suffered various kinds of distress or trauma during the conflict. UNICEF recruited psychologists to provide professional backup support to animators working with children and IDP centres and in programmes in areas of return. Awareness-raising campaigns targeting professionals and parents were initiated by UNICEF and WHO in collaboration with the Ministry of Public Health, the Ministry of Social Affairs, the International Medical Corps (IMC) and the United Nations Population Fund (UNFPA), including the production of three TV spots and of a manual aimed at protecting children distressed by violence and displacement. WHO and UNICEF support technically and financially a number of specialized NGOs operating in the most affected areas that address the mental health of children. UNICEF also supports Youth Information Centres for adolescents, aiming at promoting alternatives to violence through dialogue and basic vocational training. Youth groups are being mobilized and trained to build their capacities in leadership, community work, counselling, as well as sensitizing them to the values of citizenship and solidarity. Child protection is being formalized, with a child-protection monitoring system being established within the Ministry of Social Affairs, which will continue to identify and respond to the needs of children.

3. Water and sanitation

11. According to UNICEF and the Office of the Resident Coordinator, UNICEF provided rigid and collapsible water tanks which were installed in public institutions housing IDPs during the war and in municipalities in the immediate aftermath of the conflict. As soon as the situation allowed, emergency interventions were completed by more systematic cooperation between the Water Authorities of Beirut/Mount Lebanon and UNICEF aimed at resuming sustainable water supply for approximately 600,000 people. UNICEF provided financial and technical assistance for the repair of major pumping stations, water reservoirs and distribution networks.

4. Protection

12. The Office of the United Nations High Commissioner for Refugees (UNHCR) and the Office of the Resident Coordinator report that UNHCR is providing support to the social development centres of the Ministry of Social Affairs in South Lebanon, in addition to the southern suburbs of Beirut and the Bekaa Valley. Both during and after the conflict, OHCHR and UNHCR collaborated closely on protection issues. The OHCHR representative deployed during the war specifically to cover human rights protection issues benefited from UNHCR logistical support. The involvement of OHCHR in the protection work since the end of the conflict has been carried out by the Regional Office, which created with UNHCR the Protection Working Group. Information on the protection work carried out by the Protection Working Group is provided below (see paragraphs 25-29). During the conflict, UNICEF, together with the Ministry of Social Affairs, the Ministry of Education and the Higher Council for Childhood, led the Child Protection sub-cluster within the overall Protection Cluster headed by UNHCR. UNICEF reports that the Child Protection sub-cluster created a system for coordination and information exchange and provided a platform through which to assess, discuss and address emerging child protection issues. For example, it looked at psychosocial support, violence, mine risk education, the needs of children who are more vulnerable due to their gender, disability, and refugee status.

5. Mine clearance/mine action

13. The United Nations Mine Action Service (UNMAS) is coordinating mine clearance activities in South Lebanon through its Mine Action Coordination Centre for South Lebanon (MACC-SL). According to UNMAS and the Office of the Resident Coordinator, the Mine Action Rapid Response Plan is the framework under which the United Nations has engaged specialized mine clearance capacity from both the private sector and NGOs, in addition to utilizing the capacities that already exist within the Lebanese Armed Forces and UNIFIL, and in close cooperation with the National Demining Office, which is supported by UNDP and UNHCR. With 1 million unexploded ordnance cluster bombs (UXO) remaining in Southern Lebanon, mine action assistance is crucial. As of 14 March, UNMAS estimated that approximately 11.5 million square metres of the currently estimated 34.7 million square metres of contaminated land has been cleared of UXOs. Priority was initially accorded to the emergency clearance of UXOs in people’s homes and in public places; followed by essential public institutions such as schools and hospitals. In cooperation with the Food and Agriculture Organization of the United Nations (FAO) and UNHCR, UXO clearance of agricultural land is being undertaken to correspond with the agricultural calendar/season for specific crops, and the United Nations is phasing in its support to restoring farmers’ livelihoods accordingly. UNICEF, in coordination with the National Steering Committee (NSC) for Mine Risk Education (MRE) and the National Demining Office (NDO), launched a mass-media campaign, part of the first phase of its mine risk education: 100,000 flyers were circulated; over 10,000 posters were distributed to IDP centres and communities; and a 58-second television clip was developed and broadcast repetitively and at peak hours on five local channels. In addition, a radio message, carrying the same message as the TV clip, was broadcast on eight local radio channels. UNICEF is now producing child-friendly pamphlets, and is modifying the flyers to provide pictures and information of UXOs, as well as guidelines for safe behaviour. TV clips have been shortened to 30 seconds to ensure frequent broadcasting for longer periods of time. Awareness-raising efforts are also supported by UNHCR. (For information on ongoing initiatives at the international level regarding cluster munitions, see paragraphs 36-39 below.)

6. Environment

14. UNDP and the United Nations Environment Programme (UNEP) indicate that they undertook a “rapid environmental assessment for greening recovery, reconstruction and reform” during the July-August conflict, in anticipation of the massive reconstruction and recovery efforts that would need to be launched by the Government of Lebanon. The work was carried out in collaboration between the two agencies, with the objective of identifying and prioritizing environmental impacts caused by the war, and to propose measures to alleviate those impacts rated as significant and recommend opportunities for greening the recovery, reconstruction and reform processes. Damage to the construction, transport, energy, industry and agricultural sectors were reviewed, based on published information; associated environmental impacts were identified and assessed, and opportunities to introduce environmental standards in rebuilding were proposed. The various types of solid waste generated during the war were described to the extent feasible and available treatment and disposal options were identified. An environmental impact assessment methodology was adopted to prioritize the impacts on air, water, soil and biodiversity. Mitigation measures or further assessments, when needed, were proposed for the

impacts ranked as high priority in the form of draft action plans. Furthermore, major gaps in national environmental laws as unveiled by the war were identified and recommendations for improvements were made. Finally, options for compensation for environmental damage due to the war were compared and feasible options were discussed.

7. Restoring lives and livelihoods

15. In its submission, UNDP reports that it led the Early Recovery Cluster during the war, in close cooperation with line ministries, civil society organizations, and the Office of the Prime Minister, which led to the elaboration of a package of six quick-starting/high-impact projects which were made ready for immediate implementation upon the cessation of hostilities. Within a week of the cessation of hostilities, UNDP initiated implementation of this package of projects, which included coordination support for the Government (establishing the RRC and DAD, as well as support to the preparation of the Stockholm conference); rubble removal in 105 municipalities hardest hit by bombardments in the south (101) and the southern suburbs of Beirut (4) (the number of municipalities now assisted has risen to 150); reactivation of municipalities and municipal services; restoring fishermen’s livelihoods (repair of damaged boats, recapitalization of assets and rebuilding the fish market of Ouzai, which was totally destroyed); reactivation of public administration; and initial clean-up of the oil spill from surface water. UNDP subsequently focused on sustained restoration of livelihoods in all areas affected directly and indirectly by the war and across various sectors. While many of these activities seek to generate employment and income-earning opportunities, attention is also being paid to income-saving activities, such as through installation of solar-water heaters (proven to reduce household expenditure on electricity by 30 per cent); supporting farming of medicinal plants on public lands for farmers cut off from access because of UXO contamination; rebuilding markets and strengthening access to these markets; recapitalization of microenterprises. UNDP undertook two socio-economic assessments following the conflict based on sub-samples of the 2004 multi-purpose household survey and the SME survey, in cooperation with the International Labour Organization (ILO).

16. The Office of the Resident Coordinator further indicates that the United Nations Industrial Development Organization (UNIDO), which has carried out a post-war assessment on the agro-industry sector, has formulated a joint initiative with ILO and the Economic and Social Commission for Western Asia (ESCWA) focusing on employment generation. The focus is on honey production. UNIDO has also hired a national technical assistant to supervise quality of production and to investigate potential new crops (such as olive oil). Finally, UNIDO has also formulated a project, “Support for livelihoods and economic recovery in war-affected areas of Lebanon”, which it expects to be funded by the Lebanon Recovery Fund.

17. UNFPA has completed an “assessment of the impact of war on women and girls in post-conflict areas with emphasis on protection and gender-based violence” and is currently finalizing an “assessment of the impact of war on the elderly, disabled and female heads of households”. As for recovery, UNFPA interventions in the south focus on: (a) follow-up to the implementation of Security Council resolution 1308 (2000) and on HIV/AIDS prevention and gender mainstreaming; (b) follow-up on Security Council resolution 1325 (2000) on women, peace and security, covering 11 southern villages (in the south, Baalbek and Dahia); and (c) a project on the economic empowerment of women that aims at training women and supporting existing cooperatives.

18. After the war, FAO undertook a “damage and early recovery needs assessment of agriculture, fisheries and forestry”, which has been instrumental in helping the organization in the formulation of recovery interventions. From this assessment, FAO intends to work immediately on the implementation of the following recovery proposals, for which funding may be sought through the LRF: (a) emergency assistance to small-scale farmers to resume farming through provision of necessary farm inputs (South); (b) emergency assistance to war-affected, resource-poor livestock keepers in the south; and (c) emergency assistance to small farmers to resume farming through provision of necessary farm inputs.

19. According to the Office of the Resident Coordinator, UNESCO’s main interventions in the south are currently the following: (a) an education project focused on training teachers and school supervisors; (b) a project on intercommunity and intra-religious dialogue; (c) a Mobile Library project; and (d) a rehabilitation project of a biblical village destroyed during the war. Additionally, UNESCO intends to work on a “capacity-building of human resources for digital documentation of World Heritage Sites affected by 2006 war in Lebanon project”, for which it may seek to get funding through the LRF.

20. The World Bank has approved a US$ 70 million grant, including a $30 million grant aid for municipalities, in addition to $15 million in the water sector (Bekaa). The Bank is currently working on a programme for the $700 million (in loans) committed at the Paris III conference. However, the World Bank has not been involved in early recovery efforts, focusing primarily on in-depth multisectoral assessments (in consultation with United Nations agencies) related to supporting the Government in its preparation of medium and longer-term fiscal and economic reforms and social safety-net schemes, linked to enable Lebanon reduce its sovereign debt to sustainable levels. According to the Resident Coordinator, the Bank intends to update its Country Assessment Strategy (CAS) by early June 2007 at the new funding level of $700 million pledged at Paris III.

D. Evaluation of humanitarian assistance

21. As the main coordinator of humanitarian assistance during the conflict and until it closed its office on 23 October 2006, the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) provided the information below on the evaluation of the humanitarian assistance, complemented by inputs from UNHCR and the Resident Coordinator. An inter-agency “After Action Review” of the United Nations humanitarian operations was undertaken under the leadership of OCHA in early October 2006 and included representatives from 11 United Nations agencies, seven international NGOs, as well as the International Federation of Red Cross and Red Crescent Societies and the Lebanon Red Cross. A comprehensive OCHA-led lessons-learned report on the United Nations response to the Lebanon crisis was completed in December. In addition, the Humanitarian Coordinator and the Resident Coordinator both prepared separate reports, which were submitted to the Under Secretary-General for Humanitarian Affairs/Emergency Relief Coordinator and to OCHA, respectively. UNHCR also reports having conducted a real-time evaluation of its response to the emergency in Lebanon, available either from the website www.unhcr.org or from the Evaluation and Policy Analysis Unit at UNHCR in Geneva. All of the reports and exercises include an assessment of the Notification Procedure and the “concurrence procedure”.

E. Oil spill response

22. In its report published in January 2007, “Lebanon: Post-conflict environmental assessment”, UNEP provides extensive information on the damage caused by the oil spill and the responses to address it, as briefly summarized below. The bombing on 13 and 15 July 2006 of the Jiyeh power plant led to the spilling of 15,000 tons of fuel oil across 150 kilometres of the Lebanese coastline, with serious ramifications for health, biodiversity, fisheries and tourism.

23. Hostilities were ongoing during the critical early days of the oil-spill response. One of the first measures taken by the Lebanese Ministry of Environment was to prevent further spillage of oil into the sea by constructing sand barriers at the plant. A number of Governments sent equipment, personnel and financial aid within weeks of the spill. Additional support was provided by the United Nations and other international organizations, international and local NGOs and regional organizations. UNEP and OCHA, together with the Ministry of the Environment, the European Union and the World Conservation Union, established the Oil Spill Operations Coordination Centre (OSOCC) within days following the cessation of hostilities, to ensure effective clean-up of the oil spill. The International Maritime Organization (IMO) hosted a meeting in Athens on 17 August, which agreed to an international assistance action plan, prepared by the Experts Working Group for Lebanon, under the supervision of the Regional Marine Pollution Emergency Response Centre for the Mediterranean Sea (REMPEC), in cooperation with the Lebanese Ministry of the Environment. The clean-up effort has involved experts and equipment from a number of countries and organizations under the overall coordination of OSOCC, including aid from Canada, Cyprus, Denmark, Finland, France, Italy, Japan, Kuwait, Monaco, Norway, Spain, Sweden, Switzerland and the United States of America, and from UNDP and the Organization of Petroleum Exporting Countries (OPEC). Local NGOs and volunteers have played an important role in the cleansing of contaminated beaches.

24. As of 1 February 2007, the Regional Marine Pollution Emergency Response Centre for the Mediterranean Sea (REMPEC) estimates that a total of 7,280 cubic metres of contaminated waste was collected, including 1,026 cubic metres of liquid oil, 238 cubic metres of semi-solid oil and 6,016 cubic metres of polluted sands, pebbles, debris, etc. It considers that the bulk of the oil has been removed along almost the whole coast, with occasional impact by new emergences of sunken oil. IMO, in collaboration with REMPEC, envisages providing support to Lebanon for the implementation of the International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC) with a view to strengthening the capacity of the Government of Lebanon in preparedness and response to accidental marine pollution.

F. Recovery of Lebanon and of the civilian population

25. A Protection Working Group has been set up by OHCHR and UNHCR, as co-chairs within the United Nations Country Team. The working group includes representatives from various agencies, members of civil society as well as government officials from relevant ministries. The Protection Working Group:

(a) Provides a forum for information-sharing between the agencies, NGOs, the Red Cross/Crescent and the Government of Lebanon on protection issues and response;

(b) Coordinates the activities of the protection actors in order to avoid duplication in protection projects and ensure that gaps are covered and funded, with a view to ensuring a human rights approach, including the protection of vulnerable groups, and makes recommendations to that effect;

(c) Develops the mapping of protection activities in order to establish a protection monitoring mechanism, and provides protection actors with suitable data, which allow a better planning for further interventions;

(d) Ensures that there is effective geographic coverage of protection activities undertaken by the Government, United Nations agencies, NGOs and the Red Cross/Red Crescent;

(e) Ensures that members of the cluster maintain standard operating procedures while undertaking these functions, and adopt a rights-based and community-based approach to their work.

26. At the end of April 2007, three thematic meetings of the Protection Working Group were held. During the first meeting, the United Nations Inter-Agency Mine Action Strategy for South Lebanon was discussed. A number of NGOs presented their work and described projects to support children, while others described projects that address protection of vulnerable groups. The presentations were followed by a discussion of the child’s right to participate in decisions affecting his/her life and psychosocial support following the conflict. The participants underlined the importance for the trainings and awareness-raising of targeting teachers, parents and communities as well as children.

27. The second meeting focused on children, including child protection policies, the role of the Protection Working Group in assessing and following up on needs and activities, issues related to mine risk education, and the recent establishment of a disability coordination group organized by Handicap International to better coordinate activities relating to disability issues.

28. During a third meeting, in late March, the Protection Working Group was briefed by the Danish Refugee Council about its project on social development centres, sponsored by UNHCR. A presentation by Response International and Handicap International on their current project on the Disability Focal Point was followed by a discussion on the human rights approach to the issue of disability. The Disability Focal Point is a space created by Handicap International and the Lebanese Physical Handicapped Union to provide direct assistance, referrals to services and information to people with injuries and disabilities and their families.

29. These meetings provide an opportunity for OHCHR to raise awareness of partners about the importance of mainstreaming human rights into their activities. OHCHR focuses on ensuring that human rights are taken into account in the delivery of services, stressing in particular the non-discrimination principle. OHCHR also provides information and briefings on human rights and humanitarian law for members of the Protection Working Group, and will continue to do so in the future.

30. In the area of compensation, UNHCR reports that it was, until recently, leading the Shelter Working Group, bringing together the Council of the South, donor Governments and NGOs in order to set down policy and procedures for the payment of compensation for war-damaged and destroyed homes. The Working Group was instrumental in building links between the Government and parastatal organizations. UNHCR provided administrative backup to the Council of the South to establish and maintain a database. This support role has now been handed over to UN-Habitat.

31. Also according to UNHCR, in 2007 it will support around 30 of the Government’s social development centres located in affected areas in providing essential services to the most destitute and affected populations in southern Beirut, South Lebanon and the Bekaa Valley. Services will include identifying and responding to individuals with specific needs, including legal aid, offering them counselling, medical consultations, day-care centres, vocational training, remedial courses for children and home visits to the most in need.

32. UNHCR reports that it has, with the Internal Displacement Monitoring Centre of the Norwegian Refugee Council in Geneva, undertaken a series of training exercises for Governments, agencies and NGOs on the Guiding Principles on Internal Displacement and has translated all the training materials into Arabic for further use.

33. In addition, UNHCR is establishing a cadre of protection monitoring staff in order to:

(a) Fund and supervise protection monitoring projects with international NGOs present in South Lebanon and Beirut;

(b) Develop and build capacity of, inter alia, the monitoring skills of 30 social development centre staff;

(c) Involve local NGOs in protection monitoring projects, in order to build their capacity to ensure the continuity of protection monitoring in the long run.

34. On 20 April 2007, UNHCR organized a workshop on “protection monitoring” for about 40 staff members (field workers) of two international NGOs: the Danish Refugee Council and Intersos. These NGOs are funded by UNHCR to implement two projects, respectively in the north and south of Lebanon, on evaluating the protection needs of the Lebanese communities. The workshop aimed at providing the participants with the basic knowledge of human rights and legal framework of monitoring, basic principles of monitoring, interviewing techniques and a “what to look for” section on the protection needs envisaged in Lebanon. OHCHR participated in the workshop and provided the training on the human rights and legal framework for protection.

III. VULNERABLE GROUPS (CHILDREN) Education

35. The Office of the Resident Coordinator reports that, in the immediate aftermath of the war, UNICEF cleaned and disinfected 86 schools in Beirut vacated by IDPs; equipped all primary schools with UNICEF “School-in-a-Carton” kits; provided school supplies and school bags

for 350,000 children in primary grades and preschool level in public schools. In addition, 2,200 schoolteachers received orientation in the basics of psychosocial counselling and 400 received an enhanced training as future disseminators of these skills. UNICEF also launched a back-to-school campaign, which was crucial in making the necessary links between relief and recovery. UNICEF finalized a comprehensive damage and needs assessment of public schools, in addition to the mobilization of the private-sector initiative to “adopt” public schools most in need and to provide continuous assistance beyond the initial recovery period. As a result of the assessments, UNICEF engaged in refurnishing and rehabilitating damaged schools. Finally, there also is a promotion of “twinning” between private and public schools to facilitate best practice exchanges. (Information relating to child health activities is detailed in paragraph 10 above.)

IV. WEAPONS

A. Initiatives on cluster munitions

36. UNMAS, as the designated focal point for mine action within the United Nations system, provided information on several activities. UNMAS has facilitated the development of a United Nations position on the impact and use of cluster munitions through its chairmanship of the Inter-Agency Coordination Group on Mine Action (IACG-MA), consisting of 14 United Nations entities. Since 2002 when the Second Review Conference of States Parties to the Convention on Certain Conventional Weapons (CCW) established a group of governmental experts to address the issue of explosive remnants of war (ERW), UNMAS has sought to raise international awareness of the problems posed by cluster munitions. In 2004, a Working Group on Cluster Munitions, chaired by UNMAS, was established under the auspices of the IACG-MA to develop a common United Nations position and a joint approach to this issue, including with regard to the humanitarian impact of cluster munitions on civilian populations. OHCHR is a member of the United Nations Inter-Agency Coordination Group on Mine Action - Geneva Sub-Group. OHCHR provided briefings to the members of the Sub-Group on the findings of the Commission of Inquiry Report and the follow-up to its recommendations, with a view to drawing the attention of the Sub-Group to the human rights implications of the use of cluster munitions.

37. International attention resulting from the indiscriminate use of cluster munitions in Lebanon provided new momentum in 2006 and the principals of IACG-MA adopted a common position in November 2006 for submission to the Secretary-General. In his message on 7 November 2006 to the Third Review Conference of States Parties to the CCW, the Secretary-General called on States parties to freeze the transfer of those cluster munitions that are known to be inaccurate and unreliable, and to dispose of them. He also challenged States parties to establish technical requirements for new weapons systems so that the risk they pose to civilian populations can be reduced. At the conclusion of the Third Review Conference, States parties did not agree to initiate negotiations on a legally binding instrument on cluster munitions but they did establish an open-ended group of governmental experts to address the humanitarian impact of cluster munitions and to elaborate recommendations for future actions within the CCW.

38. In parallel to the CCW efforts, on 22 and 23 February 2007, the Government of Norway convened an international conference in Oslo to initiate a process leading to an international ban on cluster munitions that have unacceptable humanitarian consequences. The meeting adopted a political declaration in which 46 signatory countries committed themselves to conclude by 2008 an international instrument banning cluster munitions that cause unacceptable harm to civilians. The Secretary-General welcomed this declaration and all progress made to reduce and ultimately eliminate the horrendous humanitarian effects of cluster munitions. He also underlined that the Oslo process and the efforts under way in the meeting of States Parties to the CCW have the same humanitarian objective and are complementary and mutually reinforcing.

39. In this respect, the Office for Disarmament Affairs (ODA) indicated that CCW Protocol V on Explosive Remnants of War, which entered into force on 12 November 2006, provides for a series of post-conflict remedial measures aimed at minimizing the risks and effects of explosive remnants of war (ERW). The Protocol addresses in particular the responsibility of the States parties to a conflict with respect to ERW and their clearance; removal or destruction, recording, retaining and transmission of information to facilitate rapid marking and clearance of ERW; other precautions for the protection of civilians; as well as assistance and cooperation with respect to unexploded ordnance. It also provides for generic preventive measures for improving the reliability of munitions, thus minimizing the occurrence of ERW. The first Conference of the States parties to the CCW Protocol V will mark the commencement of its implementation at international level and will be held in Geneva on 5 November 2007.

40. According to ODA, the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction, also known as the Ottawa Convention, deals with one particular category of weapons - anti-personnel landmines. Cluster munitions do not fall under the scope of the Ottawa Convention.

B. Research on weapons

41. UNEP investigated a number of sites with underground facilities that had the highest probability of having been attacked with deep-penetrating ammunition. It reported on these investigations in its January 2007 report “Lebanon: Post-conflict environmental assessment”. The analysis results show no evidence of the use of depleted uranium-containing penetrators or metal products. In addition, no depleted uranium shrapnel or other radioactive residue was found at the sites investigated. The analysis of all smear samples taken did not detect depleted, enriched, or higher-than-natural uranium content. After an extensive investigation, including of sites rumoured to have been hit by depleted uranium weapons, UNEP stated that the “bunker-buster” ammunition used by the Israel Defence Forces (IDF) in the conflict did not contain depleted uranium, natural uranium or any other uranium isotope.

42. UNEP also investigated the use of white phosphorus during site visits south of the Litani River. Indications were found that white phosphorus-containing artillery shells were used as smoke screens or to mark targets. Some shells with white phosphorus signatures were seen in very limited numbers on the open ground close to villages or towns in the region of Bint Jbeil and Marjayoun. UNEP, together with Lebanese Army experts, recovered one unexploded mortar containing white phosphorus, and destroyed the shell. IDF subsequently officially confirmed the use of white phosphorus.

43. UNEP was able to observe unexploded ammunitions or parts of most of the weapon system that UNMACC and Mine Action Group experts reported as having been used during the conflict. The team studied hundreds of objects and pictures and remained in close contact with Mine Action Group and the Lebanese Army explosive ordnance disposal experts. All the remnants of weapons found during the period of the assessment were identified as weapons of well-known design. UNEP cannot confirm the use of unconventional weapons by IDF during the 2006 conflict.

44. The United Nations Institute for Disarmament Research (UNIDIR) conducted research for the Inter-Agency Working Group on Cluster Munitions, which looked at the humanitarian and development impact of cluster munitions on civilians and included field studies in Albania, the Lao People’s Democratic Republic and Lebanon. These studies, reports UNIDIR, present a picture of the short- and long-term humanitarian and socio-economic impact of the use of cluster munitions. The case studies provide additional evidence from the field that stronger action needs to be taken to reduce the effects of these munitions on the lives and livelihoods of civilians. UNIDIR is currently carrying out further research on the humanitarian impact of cluster munitions that will lead to a report to be published in the summer of 2007 and presented to delegates of States parties to the CCW.

C. Information on the use of cluster munitions

45. The United Nations, in particular UNMAS and United Nations Interim Force in Lebanon (UNIFIL), continues to request full and detailed information on the use of cluster munitions and all coordinates of cluster munitions launched in Lebanon through all available channels. The Secretary-General has reiterated the call for Israel to provide the United Nations with the cluster-munitions fire-plan data on several occasions, including in all his reports to the Security Council on the implementation of resolution 1701 (2006) (see S/2007/147 of 14 March 2007). UNMAS also reports having contacted diplomats in the Israeli Mission to the United Nations Office at Geneva for the information. At the field level, MACC-SL representatives meet with IDF regularly, through mechanisms established by UNIFIL, and continues to try to have the information released.

V. REDRESS FOR VIOLATIONS OF HUMANITARIAN AND HUMAN RIGHTS LAW

A. Promotion of legal means for victims

46. Families and communities need legal advice and support in a number of matters resulting from or linked to the conflict. UNHCR indicates that access to Legal Aid for Lebanese citizens and other forms of assistance will be provided in 2007 through a joint project of UNHCR, the Lebanese Bar Association, the Norwegian Refugee Council, the Lebanese Council to Resist Violence Against Women (LECORVAW) and Kafa, and UNFPA. The project will provide funding for legal aid clinics, information and legal aid centres, support to pro bono work of the Bar Association and publications of guides about relevant law and alternative dispute resolution systems. Shortly after the war, OHCHR provided technical guidance to NGOs, journalists and the Bar Association on methodology for documenting human rights violations.

B. Redress for victims of violations of international humanitarian and human rights law

47. OHCHR has continued to focus on the question of redress for victims of violations of international human rights law and international humanitarian law since the 2005 adoption by the Commission on Human Rights of the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law. Most recently, in April 2007, OHCHR organized a Regional Seminar on Transitional Justice in Sarajevo which, inter alia, discussed victims’ rights to a remedy and reparations and national consultations for transitional justice mechanisms. OHCHR has also prepared a draft implementing tool on reparations programmes, which is intended to assist in the implementation of the principles contained in the Basic Principles as well as in the Updated Set of Principles for the Protection and Promotion of Human Rights through Action to Combat Impunity. The tool focuses on how to establish “out of court” reparations programmes to help redress the cases of gross violations of human rights following a conflict or authoritarian rule. Consultations with a number of governments on this question are ongoing.

C. Collaboration with the Lebanese Parliamentary Committee for Human Rights

48. OHCHR and UNDP have a very fruitful ongoing collaboration with the Lebanese Parliamentary Committee on Human Rights on a number of human-rights related activities, in particular in the development of a National Plan of Action on Human Rights for Lebanon. Sectoral studies that will feed into the National Plan of Action on Human Rights are ongoing and OHCHR is participating and presenting commentary and analysis for those studies. This collaboration will be further strengthened during the year with the development of capacity-building programmes.

VI. CONCLUSION

49. The present report outlines a wide range of activities and programmes launched by the international community that give concrete follow-up to the Commission of Inquiry’s recommendations. It also highlights the importance of integrating human rights in any recovery process to ensure increased sustainability, as can be seen clearly in post-war Lebanon. The range of activities giving effect to the recommendations of the Commission of Inquiry is to be warmly welcomed, as are all efforts to integrate human rights in the reconstruction process.

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