Original HRC document

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Document Type: Final Report

Date: 2014 Feb

Session: 20th Special Session (2014 Jan)

Agenda Item:

GE.Observer of the Human Rights Council speaking on behalf of Member and observer States. 4-11103

*1411103*

Human Rights Council Twentieth special session 20 January 2014

Report of the Human Rights Council on its twentieth special session Vice-President and Rapporteur: Ms. Kateřina Sequensová (Czech Republic)

United Nations A/HRC/S-20/2

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Contents Chapter Paragraphs Page

I. Resolution adopted by the Human Rights Council at its twentieth special session ......................... 3

II. Organization of work of the twentieth special session............................................ 1–6. At the 2nd meeting, held on 20 January 2014, the report was adopted ad referendum and the Rapporteur was entrusted with its finalization. 5 6

A. Opening and duration of the session............................................................... 6–7 6

B. Attendance...................................................................................................... 8 6

C. Officers........................................................................................................... 9 7

D. Organization of work...................................................................................... 10–7. Also at the same meeting, the Chairperson of the Coordination Committee of Special Procedures made a statement on behalf of all special procedures mandate holders. 2 7

E. Resolution and documentation ....................................................................... 13–6. At the same meeting, the United Nations High Commissioner for Human Rights made a statement. 4 7

F. Statements ...................................................................................................... 15–2. At the 2nd meeting, on 20 January 2014, the representative of Ethiopia, on behalf of the Group of African States, introduced draft resolution A/HRC/S-20/L.5. At the 1st meeting, on 20 January 2012, the Acting Director-General of the United Nations Office at Geneva made a statement on behalf of the Secretary-General. , sponsored by Ethiopia (on behalf of the Group of African States) and co-sponsored by Canada, France and Hungary. Subsequently, Andorra, Australia, Austria, Belgium, Bulgaria, Chile, Costa Rica, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, Georgia, Germany, Greece, Ireland, Israel, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Monaco, Montenegro, the Netherlands, New Zealand, Norway, Paraguay, Poland, Portugal, 1 7

G. Action on the draft proposal ........................................................................... 22–24 8

H. Selection and appointment of mandate holders .............................................. 25 9

III. Report of the Human Rights Council on its twentieth special session.................... 26 9

Annexes

I. List of documents issued for the twentieth special session of the Human Rights Council .............. 10

II. Special procedures mandate holders appointed by the Human Rights Council at its twentieth special session .................................................................................................................. 11

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I. Resolution adopted by the Human Rights Council at its twentieth special session

S-20/1. Situation of human rights in the Central African Republic and technical assistance in the field of human rights

The Human Rights Council,

Guided by the Charter of the United Nations, the Universal Declaration of Human Rights and other relevant international instruments,

Recalling General Assembly resolutions 60/251 of 15 March 2006 and 65/281 of 17 June 2011,

Recalling also its resolutions 5/1, on the institution-building of the Human Rights Council, and 5/2, on the Code of Conduct for Special Procedures Mandate Holders of the Council, of 18 June 2007, and stressing that the mandate holder shall discharge his/her duties in accordance with those resolutions and the annexes thereto,

Recalling further its resolutions 23/18 of 13 June 2013 and 24/34 of 27 September 2013,

Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and unity of the Central African Republic,

Deeply concerned by the continuing deterioration of the security situation in the Central African Republic, characterized by the total breakdown of law and order, the absence of the rule of law, and religious and inter-sectarian tensions, in particular the communal violence that took place in December 2013 and resulted in the death of hundreds of civilians,

Deeply concerned also by the multiple and increasing violations and abuse of international human rights law, notably, those involving executions, enforced disappearances, arbitrary arrests and detention, torture, sexual violence against women and children, rape, the recruitment of child soldiers and attacks against civilians,

Reaffirming that all States are under an obligation to promote and protect the human rights and fundamental freedoms enshrined in the Charter, the Universal Declaration of Human Rights, the International Covenants on Human Rights and other relevant international human rights instruments to which they are party,

Welcoming the communiqué of the African Union Peace and Security Council at its 411th meeting, held at the level of Heads of State and Government, in Banjul, on 30 December 2013, on the situation in the Central African Republic, including the deployment of the African-led International Support Mission in the Central African Republic,

Welcoming also the mission of the Office of the United Nations High Commissioner for Human Rights to the Central African Republic from 12 to 24 December 2013, and taking note of its findings,

Commending the Mission of the Economic Community of Central African States for the Consolidation of Peace in the Central African Republic and the international assistance provided to address the situation in the Central African Republic,

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Welcoming the initiative to organize a donors’ conference on 1 February 2014 in Addis Ababa to strengthen the African-led International Support Mission in the Central African Republic,

Welcoming also the final communiqué of 10 January 2014 of the sixth extraordinary session of the Heads of State and Government of the Economic Community of Central African States, which invited the National Transitional Council and all sectors of Central African society to continue their efforts to resolve the political crisis without delay,

Encouraging inclusive national efforts aimed at accountability, reconciliation and the re-establishment of State institutions and the rule of law, and stressing in this context the importance of interfaith and inter-communal dialogue,

Taking note of the efforts of the Secretary-General to rapidly establish an international commission of inquiry in order to immediately investigate reports of violations of international humanitarian law, international human rights law and abuses of human rights in the Central African Republic by all parties since 1 January 2013,

1. Strongly condemns the continued and widespread violations and abuses of human rights perpetrated by all actors, and stresses that the perpetrators of such violations and abuses should be held accountable and brought to justice; 2. Demands an immediate halt to all human rights violations and abuses and acts of violence by all parties, and the strict observance of all human rights and fundamental freedoms, as well as the restoration of rule of law in the country, and in this regard reminds all parties of their responsibilities under international human rights law;

3. Urges all parties in the Central African Republic to protect all civilians, in particular women and children from sexual violence;

4. Emphasizes the need for all parties to facilitate humanitarian access for the United Nations and humanitarian organizations for all persons in need of assistance, and for humanitarian organizations to continue to deliver appropriate humanitarian assistance to refugees and internally displaced persons and to respond to the challenges associated with the humanitarian crisis in the Central African Republic;

5. Expresses grave concern at the dire conditions of internally displaced persons in the Central African Republic and of refugees, and calls on the international community to assist the national authorities and neighbouring host countries to ensure protection of and assistance to those fleeing the violence, especially women, children and persons with disabilities;

6. Commends the Economic Community of Central African States, the African Union, the United Nations and its agencies, and the partners of the Central African Republic for their continued assistance to the national authorities of the Central African Republic, and encourages the international community and all relevant stakeholders to strengthen their efforts in assisting the Central African Republic in restoring peace, stability and security in the country;

7. Requests the support of the international community and all relevant stakeholders to meet the urgent financial, humanitarian and technical needs of the national authorities of the Central African Republic;

8. Emphasizes the urgency of appointing an Independent Expert on the situation of human rights in the Central African Republic, requests the immediate operationalization of the mandate, and also requests the Independent Expert to cooperate with relevant human rights mechanisms;

9. Calls upon all parties to cooperate fully with the Independent Expert;

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10. Requests the Office of the United Nations High Commissioner for Human Rights to provide the Independent Expert with the financial and human resources necessary to accomplish his/her mandate;

11. Requests the Independent Expert to undertake an urgent visit to the Central African Republic, to present an oral update on the situation to the Human Rights Council at its twenty-fifth session, and to submit a preliminary report to the Council at its twenty-sixth session, pursuant to Council resolution 24/34;

12. Decides to remain seized of the matter.

2nd meeting 20 January 2014

[Adopted without a vote.]

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II. Organization of work of the twentieth special session 1. Pursuant to paragraph 10 of General Assembly resolution 60/251, and in accordance with rule 6 of the rules of procedure of the Human Rights Council as contained in the annex to Council resolution 5/1, the Council shall hold special sessions, when needed, at the request of a member of the Council with the support of one third of the membership of the Council.

2. On 13 January 2014, the Permanent Representatives of Ethiopia to the United Nations Office at Geneva, on behalf of the Group of African States, requested the convening of a special session of the Human Rights Council on 20 January 2014 on the situation of human rights in the Central African Republic.

3. The above-mentioned request was supported by 36 States Members of the Human Rights Council: Algeria, Argentina, Austria, Benin, Botswana, Brazil, Burkina Faso, Chile, the Congo, Costa Rica, Côte d’Ivoire, the Czech Republic, Estonia, Ethiopia, France, Gabon, Germany, Ireland, Italy, Japan, Kenya, Kuwait, Maldives, Mexico, Montenegro, Morocco, Namibia, Peru, the Republic of Korea, Romania, Sierra Leone, South Africa, the former Yugoslav Republic of Macedonia, the United Arab Emirates, the United Kingdom of Great Britain and Northern Ireland and the United States of America. The request was also supported by 43 observer States of the Council: Angola, Australia, Belgium, Bulgaria, Burundi, the Central African Republic, Chad, Croatia, Cyprus, the Democratic Republic of the Congo, Denmark, Egypt, Finland, Greece, Guinea, Hungary, Latvia, Lesotho, Libya, Lithuania, Luxembourg, Madagascar, Mali, Malta, Mauritania, Mozambique, the Netherlands, Nigeria, Norway, Poland, Portugal, Rwanda, Senegal, Slovakia, Slovenia, South Sudan, Spain, Sweden, Togo, Tunisia, Turkey, the United Republic of Tanzania and Zimbabwe.

4. In addition, the request was also supported by the following Member and observer States: Albania, Andorra, Armenia, Bosnia and Herzegovina, Cabo Verde, Cameroon, Canada, Comoros, Djibouti, Georgia, Haiti, Honduras, Iceland, Israel, Jordan, Kazakhstan, Liechtenstein, Monaco, New Zealand, the Niger, Qatar, the Republic of Moldova, Saint Kitts and Nevis, Saudi Arabia, Serbia, the Sudan, Switzerland and Uruguay.

5. As more than one third of the membership of the Human Rights Council supported the above-mentioned request, the President of the Council, following consultations with the main sponsors, decided to convene open-ended informative consultations on 17 January 2014 and a special session of the Council on 20 January 2014.

A. Opening and duration of the session

6. The Human Rights Council held its twentieth special session at the United Nations Office at Geneva on 20 January 2014. It held two meetings during the session.

7. The twentieth special session was opened by the President of the Human Rights Council.

B. Attendance

8. The special session was attended by representatives of States Members of the Human Rights Council, observer States of the Council, observers for non-Member States of the United Nations and other observers, as well as observers for United Nations entities,

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specialized agencies and related organizations, intergovernmental organizations and other entities, national human rights institutions and non-governmental organizations.

C. Officers

9. At its organizational session of the eighth cycle, on 16 December 2013, the Human Rights Council elected the following officers, who also served as officers for the twentieth special session:

President: Baudelaire Ndong Ella (Gabon) Vice-Presidents: Alberto D’Alotto (Argentina) Maurizio Enrico Serra (Italy) Dilip Sinha (India) Vice-President and Rapporteur: Kateřina Sequensová (Czech Republic)

D. Organization of work

10. Pursuant to paragraph 124 of the annex to Human Rights Council resolution 5/1, an open-ended informative consultation was held on 17 January 2014 in preparation for the twentieth special session.

11. At its 1st meeting, held on 20 January 2014, the Human Rights Council considered the organization of its work, including speaking time limits, which would be three minutes for statements by States Members of the Council and two minutes for statements by observer States of the Council, observers for non-Member States of the Council and other observers. The list of speakers would be drawn up in chronological order of registration. States Members of the Council would be given the floor first, followed by observer States and observers for United Nations entities, specialized agencies and related organizations, intergovernmental organizations and other entities, and observers of national human rights institutions and non-governmental organizations.

12. The special session was conducted in accordance with the relevant provisions contained in Human Rights Council resolution 5/1.

E. Resolution and documentation

13. The resolution adopted by the Human Rights Council at its twentieth special session is reproduced in chapter I of the present report.

14. The list of documents issued for the twentieth special session is contained in annex I to the present report.

F. Statements

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18. At the same meeting, the representative of the Central African Republic made a statement as the State concerned.

19. Also at the same meeting, on the same day, statements were made by the following States Members of the Human Rights Council: Algeria, Argentina, Austria, Brazil, Chile, China, the Congo (also on behalf of the Groupe francophone), Costa Rica, Cuba, the Czech Republic, Estonia, Ethiopia (on behalf of the Group of African States), France, Gabon, Germany, Greece1 (on behalf of the European Union, Albania, Armenia, Bosnia and Herzegovina, Georgia, Iceland, Montenegro, the Republic of Moldova, Serbia, the former Yugoslav Republic of Macedonia, Turkey and Ukraine), Indonesia, Ireland, Italy, Japan, Maldives, Mexico, Montenegro, Morocco, Peru, Romania, the Russian Federation, Sierra Leone, South Africa, the United Arab Emirates, the United Kingdom of Great Britain and Northern Ireland, the United States of America, Venezuela (Bolivarian Republic of) and Viet Nam.

20. At the same meeting, statements were made by the following:

(a) Observer States of the Human Rights Council: Belgium, Egypt, Lithuania, Spain, Togo, Tunisia, Turkey.

(b) Observers for intergovernmental organizations: African Union. 21. At the 2nd meeting, on the same day, statements were made by the following:

(a) Observer States of the Human Rights Council: Angola, Australia, Burundi, Canada, Chad, Croatia, Democratic Republic of the Congo, Djibouti, Holy See, Hungary, Israel, Latvia, Libya, Liechtenstein, Luxembourg, Mauritania, Niger, Norway, Paraguay, Poland, Slovakia, Slovenia, Sudan, Switzerland, Thailand;

(b) Observer for United Nations entities, specialized agencies and related organizations: United Nations Children’s Fund;

(c) Observers for non-governmental organizations: Action internationale pour la paix et le développement dans la région des Grands Lacs (also on behalf of Comité International pour le respect et l’application de la Charte des droits de l’homme et des peuples), Amnesty International, Caritas Internationalis (also on behalf of Dominicans for Justice and Peace – Order of Preachers, Franciscans International and the International Catholic Child Bureau), CIVICUS - World Alliance for Citizen Participation, Human Rights Watch, International Federation for Human Rights Leagues, International Fellowship of Reconciliation, Organisation pour la communication en Afrique et de promotion de la cooperation économique internationale – OCAPROCE Internationale, Rencontre africaine pour la defence des droits de l’homme, Reporters Without Borders International, Save the Children International, UN Watch, World Evangelical Alliance.

G. Action on the draft proposal

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the Republic of Korea, the Republic of Moldova, Romania, Saint Kitts and Nevis, Slovakia, Slovenia, Spain, Sweden, Switzerland, Thailand, the former Yugoslav Republic of Macedonia, Turkey, the United Kingdom of Great Britain and Northern Ireland and the United States of America joined the sponsors. 23. At the same meeting, the representative of Italy, on behalf of the European Union, made general comments.

24. Also at the same meeting, the draft resolution was adopted without a vote. For the text of the resolution as adopted, see chapter I.

H. Selection and appointment of mandate holders

25. At its 2nd meeting, on 20 January 2014, the Human Rights Council appointed the Independent Expert on the situation of human rights in the Central African Republic in accordance with Council resolutions 5/1 and 16/21 and its decision 6/102 (see annex II).

III. Report of the Human Rights Council on its twentieth special session

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Annex I

List of documents issued for the twentieth special session of the Human Rights Council In the general series

A/HRC/S-20/1 Letter dated 13 January 2014 from the Permanent Representative of the Federal Democratic Republic of Ethiopia to the United Nations Office at Geneva addressed to the President of the Human Rights Council

A/HRC/S-20/2 Report of the Human Rights Council on its twentieth special session

In the limited series

A/HRC/S-20/L.1 Situation of human rights in the Central African Republic and technical assistance in the field of human rights

In the non-governmental series

A/HRC/S-20/NGO/1 Written statement submitted by Mouvement contre le racisme et pour l’amitié entre les peuples (MRAP)

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Annex II

Special procedures mandate holders appointed by the Human Rights Council at its twentieth special session Independent Expert on the situation of human rights in the Central African Republic

Marie Thérèse Keita Bocoum (Côte d’Ivoire)