BRIEFING NOTES FOR THE SECRETARY-GENERAL 37th Summit Meeting of OAU. Lusaka.

Burundi

The Secretary-General may wish to reiterate his support for the peace process and express hope that a breakthrough will be achieved at the Regional Summit in Arusha on 23 July 2001. There is a close linkage between the peace process and the development towards a democratic system based on the rule of law and the respect of human rights. The work of OHCHR is essential for the success of the peace process and therefore should be adequately supported.

OHCHR Burundi has been strengthened in the last months in order to improve its capacity in Monitoring - 1 additional observers has been deployed and 2 more will be deployed hi July 2001. The Justice and Promotion sector will be strengthened as well.

The Secretary-General may wish to address the issue of the establishment of "Commission on political prisoners" which was decided by the Implementation Monitoring Committee of the Arusha accord and to offer the assistance of OHCHR. OHCHR Office in Burundi has also been requested to assist in several other areas; elaboration of a legal framework which would allow the exercise of political freedoms; launching of an awareness campaign in order to ensure support for the peace process; establishment of a National Commission of rehabilitation and relocation of refugees and other victims; review of the provisions on temporary immunity in order to facilitate the return of refugees; review of legislation to combat crimes against humanity, including genocide.

In addition to the above protection and promotion activities, OHCHR assists all UN partners in integrating human rights in their activities through a working group established to this effect. OHCHR, in close co-operation with the UN country team in Burundi, would participate actively in the forthcoming process of IDPs return and refugees, especially with regard to protection of their rights and dignity.

The Secretary-General may wish to discuss the repercussions on Burundi of the developments in the DR of Congo and the danger which could represent the lack of co-ordination regarding the implementation of the Lusaka and Arusha processes, particularly concerning flow of small arms and disarmament of rebels.

Mrs. Keita-Bocoum, Special Rapporteur on Burundi, is on mission in Burundi from 4 to 14 July and will address the above issues during her mission. She has been also invited to brief the Security Council under the Arria Formula in the second half of July 2001.

Central Republic

The situation of human rights has deteriorated since the attempted coup d'etat of May 2001. Since then, there has been an alleged witch-hunt directed at the Yakoma ethnic group and persons related to them. This has resulted in violations of human rights such as summary and/or extra-judicial executions, arrests. Most of the elite from this ethnic group are actually living in hiding.

The human rights section of BONUCA has received numerous reliable witnesses to at least fifty executions involving innocent civilians.

A number of people are seeking refuge in foreign missions to ensure their safety (the French and American Embassies). Although there is a bit of calm, the mutineers escaped - some to Republic of Congo while others are still at large within the country. As a result of this, the atmosphere is tense and the population is frightened. Some efforts had been made previously by the authorities for the protection and promotion of human rights.

However, in view of the prevailing situation, the Human Rights Section has made the following urgent recommendations to the Special Representative of the Secretary General:

• The Human Rights Section of BONUCA should be allowed to visit all persons arrested or under detention;

• Members of the Human Rights Section of BONUCA should be accorded observer status on the Commission of Enquiry set up by the authorities. In view of the fact that the official in charge of the Commission is regarded as a controversial person, the international community should be able to have its independent view of the Commission's work, through BONUCA's presence.

• The Special Rapporteur on Torture and Extra-Judicial Executions should be involved with the human rights situation in the CAR. A visit by the Special Rapporteur to the country should be considered vital under the present circumstances.

• Owing to the fast deterioration of the human rights situation, an increase in the number of international human rights observers in all categories should be considered. The situation has rendered the services of nationals in this field unsafe and unadvisable.

• Human rights education and training for the military (Garde Republicaine) should be envisaged.

• The large number of persons in Embassies where they are seeking refuge needs to be addressed. This may involve screening and sending the genuine cases outside the country or moving them to safe places. Deniocratic Republic of Congo

HRFOC: Since December 1996, OHCHR has had a presence in DRC (HRFOC), including a sub-office in Goma (established in June 2000). During this time, HRFOC has developed much experience, expertise, and contacts. The main focus of its work is on human rights monitoring, including supporting the mandate of the Special Rapporteur, as well as providing technical assistance (implementation of the national plan of action 2000-2002, NGOs, Human Rights Ministry, human rights documentation center, etc).

MONUC: HRFOC works closely with the human rights component of MONUC on the basis of the Terms of Reference of Cooperation signed during the High Commissioner's visit in October 2000.

Human Rights situation: Commission on Human Rights (CHR) resolution (E/CN.4/RES/2001/19), adopted without a vote on 20 April, provides an updated and comprehensive look of the human rights situation. More specifically, the main concerns referred to are:

National conference on human rights: the CHR hoped for broad-based participation that would result in concrete improvements in the human rights situation. HRFOC has been deeply involved in the organization of the National Conference, to make sure that a number of issues such as the participation of the rebel movements, then- security, the participation of members of the civil society, etc. were addressed. HRFOC also insisted that the Conference have a concrete outcome such as the revision and implementation of the National Plan of Action and the Human Rights Manifesto. OHCHR is awaiting the report of the Conference.

Commitments: CHR welcomed President Joseph Kabila's stated commitment for change, including his participation at the 57th session of the CHR and encouraged him to translate his commitment into concrete action. It called upon the Government to fulfill its commitments: abolishing the death penalty, reform military justice hi conformity with ICCPR, to which DRC is a party.

Impunity: CHR called upon the Government to put to an end and to fulfill its responsibility to ensure that those responsible for human rights violations and grave breaches of international humanitarian law are brought to justice.

A democratic process: create conditions that is genuine and all-inclusive and that fully reflects the aspirations of all people in the country.

Joint mission (SR/DRC, SR/ESAE, WG/EID): CHR recalled its past request and reiterated that such a mission take place in order to investigate all massacres carried out hi the territory of the DRC and other atrocities referred to in the reports of SR, with a view to bringing those responsible to justice. As for the rebel-held areas, the following concerns have been reported: • inter-ethnic conflict taking place in Ituri between Hema and Lendu • the worrying humanitarian situation in north Katanga • recruitment of child soldiers • growing insecurity linked to the proliferation of uncontrolled armed groups in the region.

Eritrea/

The deployment of the Human Rights Component of UNMEE is being finalized. A good working relationship has been established between the Component and the authorities. The mandate of the HR component, as set forth in the relevant Security-Council resolution, is very limited (mainly monitoring the human rights situation in the Temporary Security Zone and adjacent areas).

The following issues are of concern to the HR component:

i. Continued expulsions (now called "repatriations") are now mainly taking place from to Ethiopia. Reports of harassment and detention, sometimes prior to expulsion persist.

ii. Exchange of POWs has been on hold for some time. ICRC estimates that Ethiopia is holding 1400 POWs while Eritrea has 400.

iii. A number of deserters coming from Ethiopia into Eritrea are being kept outside the Temporary Security Zone. ICRC is monitoring them.

iv. The return of IDPs into the Temporary Security Zone organized by the Eritrean Government is on-going. Large numbers of these presently live in temporary camps having been moved from the established camps. They apparently left these camps under pressure/false understanding that they will be able to return to their original places of residence. Some of these locations however remain landmine infested or contested by the parties to the conflict.

• The Secretary-General may wish to encourage both parties to resume the process of exchanging POWs. Assurances of access to "deserters" could also be sought from the parties.

• The Secretary-General may wish to also seek assurances from both parties that IDPs will only be returned to safe uncontested areas where they may regularize their lives within the minimum of time. • The Secretary-General may wish to encourage both parties to take advantage of the presence of HR observers to discuss programs of assistance in the field of human rights. Meetings to this end were already held with the Minister of Justice of Eritrea as well as with Ethiopian authorities. Governmental authorities should be sensitized on the need to strengthen the cooperation with the HR component, with a view to defining capacity-building projects.

Liberia

Liberia is under sanctions imposed by the Security Council because of its Government's involvement in the armed conflict in .

• The Secretary-General could encourage bilateral dialogue with the Government of Liberia, as well as among governments in the Mano River Union area on the ongoing humanitarian/human rights crises in the region. He may wish to express concern about reports of indiscriminate attacks and deliberate targeting of civilians in the festering conflict on the border of , Liberia and Sierra Leone.

• The Secretary-General may also wish to express concern about alleged human rights violations including extra-judicial executions, torture and unlawful detention being committed by security forces in the context of the armed conflict in Lofa County, harassment of the opposition (most of the leaders of whom have been forced into exile), restrictions on press freedom, use of children in armed conflict. Particular emphasis may be laid on the need to empower independent national institutions, such as the judiciary and the National Human Rights Commission to investigate the violations and bring perpetrators to justice.

• Other issues of concern are impunity for human rights violations by security agents. The Secretary-General may wish to reiterate the need for effort at national reconciliation and action in investigating the massive violations of human rights and humanitarian law that characterized the Liberian civil war, 1989-1996. He may wish to reiterate the importance of a TRC process in peace-building.

• OHCHR is seeking to encourage ratification of the CCPR, CESCR, CAT, Statute of the ICC, and submission of overdue reports to the CEDAW, CRC, CERD. Considering the large number of overdue reports to treaty bodies, OHCHR may offer assistance in providing training in treaty reporting to appropriate government officials/departments.

• In the context of the WCAR, the SG may wish to express concern on the targeting of ethnic groups that are perceived as opposed to President Taylor. These relate to Mandingos, in the context of the conflict in Lofa County, and Krahns, regarding the disturbances in in September 1998. To this day, 13 ethnic Krahns are serving twenty years jail terms for treason in relation to that incident. They were convicted hi trials that according to international observers including Amnesty International, failed to meet the minimum international standards.

Sierra Leone

Sierra Leone hosts the largest UN peacekeeping mission with a human rights component consisting of 14 (expected to be increased to 20) international staff. Pursuant to the Sierra Leone Human Rights Manifesto of June 1999, OHCHR is supporting the establishment of national institutions for the protection and promotion of human rights including the Truth and Reconciliation Commission and the National Human Rights Commission. Additionally, OHCHR is as required, co-operating with OLA in its lead role on the establishment of the Independent Special Court.

• The Secretary-General may wish to express appreciation for the support and commitment of the Government in the process of reconciliation, especially the Truth and Reconciliation Commission. OHCHR would encourage continuing dialogue between the Government and rebel Revolutionary United Front (RUF) in resolving issues related to the almost ten years armed conflict. CSUM Di'Umicu rwiiurva j t~ (- L ', O: ua ; UNhr1 KOA-> 7432155;# 2/ 6

37T" SUM3VHT MEETING OF THE ORGANIZATION OF AFRICAN UNITY IN LUZAKA, ZAMBIA

BRIEFING MATERIAL FOR THE SECRETARY GENERAL INPUT FROM UNEP

IMPLEMENTATION OF UNEP GOVERNING COUNCIL DECISION ON SUPPORT TO AFRICA

The Twenty First Session of UNEP Governing Council declared Africa a priority region as reflected in the Council's special decision 21/15 on Support to Africa.

In this regard, major innovations have been incorporated into UNEP activities in Africa, UNEP's Regional Office tor Africa has been reinforced to improve programme delivery. In addition., activities of UNEP in Africa are being more focused to respond to the decision.

Institutional mechanisms have been established to strengthen UNEP's presence on the continent. UNEP has opened an Office in to work more closely with BCA andtheOAU.

UNEP policies and programmes hi Africa are developed and implemented through a number of mechanisms., chief of which is the African Ministerial Conference on the Environment (AMCKN). AMCEN, for which UNEP provides the secretariat, was recently restructured (, May 2000.) and has adopted a medium-term programme 2000-2004 based on a statement of Africa's priorities. UNEP provides technical and financial support to this programme of work.

AFRICA'S PREPARATORY PROCESS FOR THE 2002 JOHANNESBURG* WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT

A high-level stakeholders meeting on sustainable development was heJd at the United Nations Conference Centre in Addis Ababa, from 17 to 19 January 2000. The meeting established a Joint Expanded Secretariat (UNEP, UNECA, ADB, UNDP Capacity2l, ECCAS, ECOWAS, AMU, SADC, IGAD/COMCSA) to spearhead and lead die process. UNEP work closely with the EJS on this process. Preparatory activities are to take place at three levels — national, subrcgional and regional. It foresees five subregional consultations (Eastern Africa, Central Africa, West Africa, Northern. Africa) and an African regional preparatory conference to be convened in October 2001. This conference will adopt an African Common Position and a regional

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assessment report as regional input into the WSSD. For the process to be effective and to involve stakeholders from all sectors, Regional Economic Integration Organisations (SADC, ECOWAS, ECCAS, AMU, IGAD/COMESA) will lead the sub-regional review processes and in that context they will assist and coordinate the national review processes. 'llie draft Assessment Report and Common Position will be reviewed by a High-Level Ministerial Meeting in October 2001. The African Assessment Report will be forwarded to UNDESA1 for consolidation and presentation during WSSD-Johannesburg.

The draft African Common Position will be adopted by the Organization of Africa Unity (or the new ) and presented at the Summit by the Chair of the OAU.

As a unique and major feature of the preparations for the Johannesburg Summit, about thirty key prominent individuals from the continent held an Eminent Persons Roundtable in , Bgypt, from 25 to 27 June 2001. The meeting collected the views of these experts who have long served in various capacities in Africa to strengthen the intergovernmental process. The recommendations of this roundtable will be integrated into the regional assessment report. Below arc the steps and timeframc for the subregional process for Africa:

Table 1: Steps and time .frame for regional assessments

Steps Timeframc Meeting of Southern African 3-5 September 2001 region Lead Institution: SADC Meeting of the North African 5-7 September 2001 region Lead Institution: AMU Meeting of the Eastern African 10-12 September 2001 region Lead institution : TGAD Meeting of the Central African 17-19 September 2001 region Lead Institution: HCCAS Meeting of the West African 24-26 September 2001 region Lead Institution: ECOWAS

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The Millennium Partnership for the African Recovery Programme

The Millennium Partnership for the African Recovery Programme is an initiative of the leaders of three African countries, President Mbeki of South Africa, President Obansandjo of and President Bouteflika of , The aim of the programme is to launch Africa on a path of sustainable peace and accelerated development at the beginning of the 21sl century. At the same time, ECA was mandated by the Conference of African Ministers of finance in November 2000 to articulate a new global Compact with Africa. The Compact represents an important component of ECA's response to the implementation of the millennium declaration, in particular the section on Africa, adopted by the UN general Assembly at the Millennium Summit. Similarly, Maitre Abdoulayc Wade, President of had submitted a plan called OMEGA in January 2001, at the - Africa Summit held in Yaounde, . The OMEGA plan for Africa has similar objectives with focus on the four following areas: infrastructure, education, health and agriculture.

It was in this context that an extraordinary meeting of the OAtI took place in Syrte, in March 2001. The MAP and OMEGA plans "were discussed and an agreement was reached to merge these two initiatives. To this end, a steering committee, comprising Algeria, Nigeria, , Senegal and South Africa was established. The aim is to ensure that Africa comes up with a single plan to show the world that it is speaking with one voice. Decision has been reached for the merger of the two initiatives at the meeting of the Secretariat of the MAP and the OMliGA in Cairo, from 18 to 20 June 2001. Two titles have been suggested for the new Plan: New Partnership for African recovery Programme and Millennium Partnership for African recovery Programme. An executive summary of the plan is being prepared and a final meeting (possibly at ministerial level) has been scheduled in from 2 to 3 July 2001 to adopt the draft. The final executive summary will be presented at the next OALJ Summit in Lusaka from 3 to II July 2001.

At the request of the African Ministerial Conference on the Environment, UNEP has successfully in negotiated the inclusion of a full environment component in the MAP. Funding has also been secured from GEF to prepare the elements of such a component, which will be developed under the guidance of the African Ministerial Conference on the Environment. Among others, the proposal explore the possibility of the creation of an African environmental Protection Agency.

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MEETINGS WITH ALGERIA. BURUNDI. CENTRAL AFRICA. DEMOCRATIC REPUBLIC OF CONGO. ETHIOPIA. ERITREA. . SOUHT AFRICA. SIERRA LEAONE AND ZAMBIA

The following information could be of significance:

• Lusaka Agreement on Wildlife Enforcement

The Democratic Republic of Congo, Uganda and Zambia are parties to the Lusaka Agreement on Co-opertive Enforcement Operations Directed at Illegal Trade in Wild Fauna, and Flora which was adopted in September 1994 and came into force in December 1996. Other parties include , and . Ethiopia and South Africa arc signatories to that agreement but yet to ratify it. Lusaka Agreement is the only regional enforcement Agreement in the world. Its membership is open to all African countries. UNEP continues to urge the African countries to accede to the Agreement so as to cooperate in the transboundary enforcement mechanisms to combat illegal trade in wild fauna and flora. The Secretary General may therefore wish to urge the heads of states of Ethiopia and South Africa on the need to accede to this Agreement South Africa, in particular., has been instrumental since the negotiation process of the agreement todate. South African law enforcement experts have been conducting training courses for national enforcement officers for the countries participating in the Lusaka Agreement. This is done in view of the expertise and experience the country has in comparison with other countries in the region.

* UNEP support to Africa's preparatory process for the 2002 World Summit on Sustainable Development.

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