The following statement was delivered a short while ago
by UN High Commissioner for Human Rights Zeid Ra'ad Al Hussein to the UN Human
Rights Council in Geneva on 26 May 2015
Burundi, Tunisia, Migration crises in Europe and
South-East Asia, and South Sudan - Zeid address UN Human Rights Council
Distinguished President,
Excellencies,
Thank you
for inviting me to this informal briefing, which adds a new element to the
Council's growing relevance to human rights around the world. It is very
important and encouraging to the mandate of the High Commissioner to be able to
bring promptly to your attention new developments or information. I hope that
this new format will lead to greater and more timely action by regional and
national actors, as well as by the Council, as you deem appropriate.
During my
mission to Burundi last month I was alarmed by the violence of the Imbonerakure
militia, which is a strong supporter of President Nkurunziza’s government, and
by politically motivated harassment, threats, and hate speech. The attempted
coup of 13 May, and the assassination of opposition leader Zedi Feruzi on
Saturday, have further intensified tension. Opposition politicians,
journalists, prominent human rights defenders, and indeed many ordinary people
still fear for their lives. When I left Burundi, on 15 April, 6,000 Burundians
had fled the country due to fear of political violence and intimidation. Five weeks later, that number has swelled by
a further 110,000 frightened people.
This is a
country with deep and terrible knowledge of the potential consequences of
outbreaks of violence. Following a decade of growing recovery, and prosperity,
these recent events are a significant setback. But we can still avoid the path
that could lead back to past tragedies. I am encouraged by the mobilisation of
the African Union, the International Conference on the Great Lakes region, the
East African Community, the European Union and the United Nations, and by the
priority they have given to human rights concerns. The Special Envoy for the
Great Lakes is making a tremendous effort to draw all actors to the negotiating
table, and OHCHR's country office continues to work with the Government, civil
society, the National Independent Human Rights Commission and the Ombudsman to
protect human rights and the rule of law. I hope the Council can send a strong
message to national actors and the international community to stop the wave of
violence.
I also
visited Tunisia last month, and the contrast with Burundi could hardly be more
vivid. Tunisia deserves congratulation for turning its back on the oppression
of the past, and for its resolute adoption of human rights goals. The evident
respect for democratic institutions and the many important voices of civil
society is very encouraging. The cooperation of the authorities with our Office
and the UN human rights mechanisms has been exemplary. The new Constitution is in line with
international human rights standards; the Truth and Dignity Commission will
begin hearings next month; and legislation has been adopted to combat the
persistent issue of torture, with provision for the establishment of a national
preventive mechanism. Four reservations to CEDAW were withdrawn last year, and
a law on violence against women has been drafted. The authorities have also
made significant efforts regarding the rights of persons with disabilities and
the freedom of the media.
Continued
commitment to human rights – and a stronger focus on the accountability of the
security sector – will reinforce Tunisia’s stability and security, as well as
its sustainable economic and social development. The entire Middle East and
North Africa region would certainly look very different today if leaders of
other countries had had the wisdom to take a similar approach. I look forward
to supporting Tunisia's efforts to reform law enforcement practices, and to
revive its economy by diminishing inequalities.
Excellencies,
I am
alarmed by the current migration crises in Europe and South-East Asia, which will
not be resolved unless a far more comprehensive approach is adopted. The
paramount concern of all actors must be the human rights of the people who have
embarked on their desperate voyage out of fear and need, and I welcome your
ideas for how to ensure that this is the top priority.
I have
repeatedly expressed my acute concern regarding the plight of migrants in the
Mediterranean. Over 1,800 have died at sea so far this year, and 7,000 people
were rescued in just the first three days of this month. Among them are Syrian
nationals fleeing the relentless conflict that has devastated their country;
Eritreans, fleeing wide-ranging oppression of their human rights; Libyans,
seeking to escape turmoil and lawlessness; and many others, fleeing repression
and persecution, deprivation, and the denial of their civil, economic,
political and social rights.
The
European Agenda on Migration, issued two weeks ago, sets out the EU’s response
to this appalling human tragedy. The Agenda triples funding for the Triton and
Poseidon programmes operated by the Frontex border agency, and expands their
capability and geographical scope to “help to save the lives of migrants at
sea”. The EU also seeks a Security Council resolution to authorise military action
to capture and destroy boats used by smugglers off the coast of Libya.
This
disproportionate focus on enforcement, and the militarization of that
enforcement, raises a large number of concerns, beyond the urgent and absolute
need to protect the lives of the people who seek passage on those boats. Any
law enforcement response to migrant smuggling must respect international
standards for human rights. The Office will hold an expert meeting on 17 June
on the issue of human rights and migrant smuggling to discuss this vital issue
at greater length. We are also closely
following related developments in the Security Council. We need to protect the
human rights of migrants themselves at all times, above all other
considerations.
The
European Agenda also proposes quotas for the resettlement of 20,000 refugees
within the EU. This small number of places is wholly inadequate to the
magnitude of this crisis. I urge far greater emphasis on expanding channels for
migration into Europe, including for low-skilled labour and family
reunification.
Among these
migrants are some of the most vulnerable people in the world. A more humane,
less mean-spirited response to their plight would be more worthy of Member
States of the United Nations. As we have seen with the recent constructions of
heavily patrolled metal and barbed-wire fences, tighter control of
international borders, increased border surveillance, and a reduction of
channels for regular entry only force migrants to seek more precarious and
dangerous avenues. All too often, this is when these men and women – and an
appalling number of children – take fatal risks in their desperate search for
safe haven, or fall prey to traffickers, violent criminals, kidnappers and extortionists,
who exploit their vulnerability.
Clearly, as
the Special Rapporteur on the human rights of migrants has repeatedly and
eloquently stated, we need a much more comprehensive approach: one that better
addresses the very complex need for mobility, and the root causes of migration,
which include multiple conflicts, persecution, discrimination, corruption,
arbitrary governance and the denial of civil, economic, political and social
rights.
This
analysis is confirmed by the recent migration crisis in South-East Asia. In the
first quarter of this year, 25,000 people have set out to sea from Myanmar and
Bangladesh – some fleeing persecution in Myanmar, and others fleeing the
poverty that besets both countries. At least 1,050 people have died at sea. A
large proportion of them – perhaps even a majority – are stateless or refugees,
and are in need of international protection. Many have been violently abused
and robbed by the smugglers whom they paid to facilitate their voyage. Several
boats were abandoned by captain and crew, to evade a crackdown on smuggling
networks by the government of Thailand; this left their passengers – many of
them children -- hungry, thirsty and adrift, in some cases for several weeks. A
number of boats were pushed back as they reached the shores of neighbouring
countries. About 2000 people have
managed to reach land; and thousands are said to be still at sea as we speak
today.
After
initially refusing permission to land, Indonesia and Malaysia have now
officially agreed to take in these desperate families, until they can be sent
home or resettled in a third country. Thailand has not offered shelter, and has
said it will apply criminal sanctions to any migrants and asylum seekers who
arrive. In addition, mass graves have been discovered, most recently on the
Malaysian side of the Thai border, containing the bodies of presumed victims of
human trafficking gangs.
Indonesia
and Malaysia are providing a temporary lifesaver, and we welcome it as such,
but it is not enough. ASEAN committed itself in its Charter to human rights and
humanitarian principles, and ASEAN states need to fulfil their obligations to
search and rescue all those in peril at sea, and to offer lasting protection to
people who are fleeing persecution. The regional meeting that is scheduled to
take place later this week must at last come to grips with the need for far
stronger arrangements for the protection of both migrants and asylum seekers.
The offer
of temporary shelter, while welcome, cannot hope to fix the deeper
problems. Thousands of these people are
Rohingya fleeing Myanmar. The Government of Myanmar has accepted a number of
returnees and has announced “serious efforts on the prevention of smuggling and
illegal migration”. But a strong effort to revise policies that affect the
human rights of the Rohingya will be essential. These people have a right to a
future in freedom and dignity in Myanmar. Instead, they face widespread and
systematic human rights violations, including ethnic and religious persecution,
and the denial of both citizenship and the full range of civil, economic,
political and social rights. Many Rohingya who have fled violent attacks are
held in squalid and overcrowded camps, with severe and discriminatory
restrictions placed on their freedom of movement. As the Special Rapporteur on human rights in
Myanmar told the Council in March, Rohingya people in IDP camps have told her
that they had only two options: “stay and die” or “leave by boat”. Nobody
should have to face such a choice.
Myanmar is
accelerating in its development, and its policies of opening up to the outside
world can bring the country massive dividends in terms of economic and social
progress. The treatment of the Rohingya not only violates human rights norms;
it complicates Myanmar’s relations with its neighbours and holds back this
process of transformation. I hope the discrimination that targets this
vulnerable minority will swiftly be reversed, and that the Rohingya will be
able to take their rightful place in the country where they were born.
I am also
dismayed that in Australia, people on boats intercepted at sea are sent to
detention centres where conditions are inadequate.
Excellencies,
there is a better way. Expanded channels
of safe and legal migration at places of destination. Enhanced rescue operations at sea. Redoubled
efforts to address root causes and push factors at places of origin. Protection
of human rights at places of transit and at borders, in close cooperation with
international and national humanitarian actors. A principled campaign against
xenophobia and discrimination.
Scrupulous respect for human rights standards in all enforcement
activities. In sum, a response that is grounded in our values and
commitments—not in prejudice and fear.
I welcome
your thoughts regarding more structured follow-up to this persistent and
dramatic issue. The Human Rights Council may wish to consider a Special Session
on migrants at sea, or a focused, high-level interactive dialogue during the
June session, with the participation of relevant Special Rapporteurs and
concerned parties.
Finally, a
few words to express my deep concern about the situation in South Sudan.
Despite the best efforts of the African Union, IGAD and the United Nations,
fighting has resumed. In the past two weeks, more people have sought refuge at
the UNMISS Protection Sites; some had to trek hundreds of kilometres by foot,
and braved attacks by armed groups along the way. Armed attacks also directly
threaten some UNMISS Protection Sites, and 7 people were recently killed at one
of the sites in Upper Nile state. Humanitarian access has been severely
constrained, and aid agencies have pulled out of several locations in Unity
state due to fighting, further jeopardizing the situation of civilians.
It has been
almost 18 months since this senseless conflict erupted, with virtually no
accountability for the numerous violations of international humanitarian law
and human rights law that have been committed. The conflict itself is, at least
in part, a direct consequence of unresolved issues from the past. Previous
cycles of violent attacks and killings, committed with absolute impunity, have
left many people with unresolved grievances, easily mobilized for renewed
violence and revenge attacks. It is therefore of the utmost importance that
accountability remains a priority in seeking a resolution to the conflict.
For the
sake of justice, deterrence and a better future for the people of the country,
I hope that the Council will give high priority to the situation in South
Sudan, especially on the question of accountability for past and present
violations.
ENDS
Video footage will be available later today on
webtv.un.org.
For more information and media requests, please contact
please contact Rupert Colville (+41 22 917 9767 / rcolville@ohchr.org) or
Ravina Shamdasani (+41 22 917 9169 / rshamdasani@ohchr.org) or Cécile Pouilly (+41 22 917 9310 /cpouilly@ohchr.org).
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