Let me first thank Mr. Mendez for his report to the Human Rights Council and for his statement here today. We welcome your comprehensive report examining the scope and role of commissions of inquiry. Your guidance on when such commissions should be created is highly relevant particularly in the context of recent events in the Middle East and North Africa, where States in historic transition now face the pressing challenge of ensuring accountability of past violations.
Norway agrees that commissions of inquiry do not relieve States of their legal obligations to investigate and prosecute torture and other forms of ill treatment. They should play a complementary role to other judicial mechanisms. States emerging from repressive regimes lack, however, often an independent and effective judicial system that meets international fair trials guarantees. In such circumstances, employing a commission of inquiry may be necessary as a first step in the process of establishing truth and justice. As pointed out in the report, a commission of inquiry could pinpoint the root causes of the violations such as failure of policies and systematic shortcomings of government institutions and agencies.
We have two questions for the Special Rapporteur:
To what extent could commissions of inquiry be a tool to establish accountability in the States in transition in the Middle East and North Africa. Would you be able to share with us examples of commissions of inquiry that have been catalytic to the successful implementation of judicial reforms and pinpoint the factors that contributed to the success?
Your report notes that national commissions of inquiry ought to be pursued before the establishment of an international commission of inquiry. Proximity to the affected population adds to legitimacy and potential impact of a commission.
Could you please highlight some of the particular challenges that international commissions of inquiry face and how these challenges could be overcome in order to maximize their legitimacy and impact?
President,
My delegation also warmly welcomes the Special Rapporteur on Human Rights Defenders, Ms. Margaret Sekaggya and thanks her for her oral statement.
We have read your report with great interest and we commend your efforts in increasing awareness and knowledge about human rights defenders at particular risk and your guidance as to how we can protect them.
We have two questions for the Special Rapporteur:
We are gravely concerned by the conclusion in your report that the risks not only affect the physical integrity of these human rights defenders, but also include criminalization of their work and the abuse of legal frameworks against them.
Could you please elaborate more on this problem? Would you consider the criminalization and judicial abuse against defenders to be on the increase?
Your report gives visibility to defenders working on land and environmental issues and demonstrates how these defenders are highly exposed to attacks by non-state actors. Many of these live in remote and rural areas with limited governmental presence and control.
What can be done to ensure the protection of human rights defenders in remote and rural areas?
Thank you.
See the statement as a webcast