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BRIEFING NOTES for the SECRETARY-GENERAL 37Th Summit Meeting of OAU

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BRIEFING NOTES for the SECRETARY-GENERAL 37Th Summit Meeting of OAU BRIEFING NOTES FOR THE SECRETARY-GENERAL 37th Summit Meeting of OAU. Lusaka. Zambia 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 Burundi 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 Africa 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/Ethiopia 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 Eritrea 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.
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