GE.S/2009/693. 3-15351 (E) 040713 080713

Human Rights Council Twenty-third session Agenda item 10 Technical assistance and capacity-building

Resolution adopted by the Human Rights Council*

23/23 Strengthening of technical cooperation and consultative services in Guinea

The Human Rights Council,

Guided by the Charter of the United Nations, the Universal Declaration of Human Rights and other applicable human rights instruments,

Recalling General Assembly resolution 60/251 of 15 March 2006 and Human Rights Council resolutions 13/21 of 26 March 2010, 16/36 of 25 March 2011 and 19/30 of 23 March 2012,

Reaffirming that all States have an obligation to promote and protect the human rights and fundamental freedoms set forth in the Charter of the United Nations, the Universal Declaration of Human Rights, the international covenants on human rights and the other relevant human rights instruments to which they are parties,

Noting with satisfaction the efforts made by Guineans and the international community, in particular the African Union and the Economic Community of West African States, to establish democratic institutions and to strengthen the rule of law,

Noting with concern the delay in the completion of the political transition process due to the postponement of legislative elections, a delay that could hamper the reforms that are indispensable in order to protect human rights and fundamental freedoms and to combat impunity,

Recalling that it is the primary responsibility of Guinea to protect its civilian population, to conduct inquiries into violations of human rights and international humanitarian law, and to bring perpetrators to justice,

* The resolutions and decisions of the Human Rights Council will be contained in the report of the Council on its twenty-third session (A/HRC/23/2), chap. I.

United Nations A/HRC/RES/23/23

General Assembly Distr.: General 1 July 2013 English Original: French

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1. Recognizes the efforts made by the Guinean Government to strengthen the rule of law and improve the human rights situation in Guinea in line with the recommendations of the international commission of enquiry1 established by the Secretary- General of the United Nations and supported by the African Union and the Economic Community of West African States;

2. Welcomes the creation of the new Ministry of Human Rights and Civil Liberties and the mainstreaming of human rights in the reform of the security sector;

3. Takes note of the change in the composition of the Independent National Electoral Commission, which is responsible for coordinating parliamentary elections on an impartial and consensual basis;

4. Calls on the Guinean authorities to guarantee freedom of opinion and expression and freedom of peaceful assembly and association;

5. Urges all political stakeholders:

(a) To take an active part in good faith in the political dialogue, and invites them to organize free, democratic and transparent legislative elections as soon as possible with a view to creating the conditions for the restoration of calm based on an inclusive dialogue among all sectors of the Guinean population;

(b) To prevent and prohibit acts of violence during the democratization process under way in Guinea;

6. Takes note of the establishment by the Guinean Government of a national commission for the study and prevention of the problem of violence and of the creation of a permanent framework for dialogue and consultation among stakeholders with a view to leading the country to free, democratic, transparent and peaceful elections;

7. Firmly reiterates its commitment to accession to power by democratic means and condemns all incitement to ethnic or racial hatred;

8. Urges the Guinean Government to pursue reforms in the security and defence sectors that incorporate respect for human rights and guarantee the enjoyment of civil and political rights;

9. Encourages the Guinean Government to draw up and implement a comprehensive programme to strengthen the justice system so that efforts to combat impunity may be intensified, in line with its aim of making 2013 the year of justice, and to consolidate reforms relating to the strict observance of human rights;

10. Notes that measures have been taken by the panel of judges appointed by the Guinean Government to investigate the events of 28 September 2009, including interviews with victims and the filing of charges against suspects, encourages the panel of judges to pursue its work and urges the Government to guarantee the necessary means and security conditions for the panel of judges so that its members may effectively fulfil the mandate conferred upon them;

11. Encourages the Guinean Government to adopt the following supplementary measures:

(a) Support the work of the panel of judges and expedite judicial proceedings against those responsible for the events of 28 September 2009, including the acts of sexual violence committed against women and girls, under conditions that will ensure the safety

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and protection of the judges and judicial personnel and of the witnesses and victims, and guarantee the transparency of the mandate and working methods of the panel of judges and their ability to investigate and prosecute the persons at all levels who are implicated in those events;

(b) Guarantee the protection of the survivors of these acts of violence, including the victims of sexual violence, and the provision of all suitable forms of assistance and redress, including medical assistance and psychological support, particularly for victims of sexual violence;

(c) Compensate the families of victims who lost their lives as a result of the events of 28 September 2009 and provide redress for the physical and psychological suffering inflicted upon those who were wounded;

12. Notes that the Guinean Government has agreed to accept technical assistance from an expert deployed by the Team of Experts on the Rule of Law and Sexual Violence in Conflict, and urges the Government to continue its cooperation with the Office of the Special Representative of the Secretary-General on Sexual Violence in Conflict;

13. Takes note of the report of the United Nations High Commissioner for Human Rights on the situation of human rights in Guinea;A/HRC/22/39.

14. Firmly reiterates its appeal to the international community to:

(a) Provide the Guinean Government with appropriate assistance to promote respect for human rights through, inter alia, the achievement of the Millennium Development Goals, the fight against impunity and the reform of the security and justice sectors, as well as the initiatives that are under way to promote truth, justice and national reconciliation;

(b) Support the Office of the United Nations High Commissioner for Human Rights in Guinea;

(c) Support the efforts of the Guinea configuration of the United Nations Peacebuilding Commission to accompany the country along the road towards peacebuilding and the strengthening of the State;

15. Invites the High Commissioner to report to the Council at its twenty-fifth session on the situation of human rights and the work of the Office of the United Nations High Commissioner for Human Rights in Guinea;

16. Decides to remain seized of this matter.

40th meeting 14 June 2013

[Adopted without a vote.]