COMMISSION EXPERTS INTRODUCE REPORTS ON MYANMAR, SUDAN, EQUATORIAL GUINEA, AND DEMOCRATIC REPUBLIC OF CONGO

Commission on Human Rights
58th session
28 March 2002
Morning



High-Level Officials from Georgia, Angola, the Czech Republic
and the Russian Federation Address the Commission on Human Rights


Four Experts of the Commission on Human Rights this morning introduced their reports on the situation of human rights in Myanmar, Sudan, Equatorial Guinea and the Democratic Republic of the Congo.

Paulo Sergio Pinheiro, the Special Rapporteur on the situation of human rights in Myanmar, said that there could be no credible and successful democratic transition in Myanmar without the release of all political prisoners and the restoration of the right to freedom of opinion, expression, assembly, association, movement and information. The precarious humanitarian situation in the country required a more adequate response from the international community.

The representative of Myanmar responded by saying that much progress had been made in his country and that allegations of forced relocations and of maltreatment of national minorities in border areas were untrue.

Gerhart Baum, Special Rapporteur on the situation of human rights in Sudan, said a state of emergency remained in force allowing for flexible and arbitrary security measures; freedom of the press was still limited and journalists were sometimes temporarily imprisoned; and discrimination against Christians and women continued. A long-term, unified initiative for peace in Sudan was the only approach that would succeed. It was critical that the root causes of the conflict be addressed.

The representative of Sudan responded to the Special Rapporteur by welcoming the recognition of improvements, particularly the admission that there was no religious persecution in the country. Individual cases of human rights violations were the result of the ongoing conflict in southern Sudan, he said.

Gustavo Gallon, Special Representative on the situation of human rights in Equatorial Guinea, said there had been some improvements in the country. However, the total intolerance of dissidents, arbitrary imprisonment and the lack of rule of law remained a problem. There were reports from some regions that the practice of torture remain rampant. The Commission was called upon to extend the mandate of the Special Representative, keep an eye on Equatorial Guinea and pressure the Government to continue the process towards human rights.

The representative of Equatorial Guinea responded by saying that isolated occurrences had been presented as the prevailing situation in the country. Progress had been made and the Government had taken steps to guarantee the independence of the judiciary.

And Antoanella-Iulia Motoc, the Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo, said the violations of human rights in the Democratic Republic of the Congo could be linked to the armed conflict. Some violations were also due to the failure of the justice system. Military courts continued to try civilians. Violations included the systematic rape of women and young girls, pillages, extortions, violations of the right to freedom of expression, assembly and fair trial as well as arbitrary arrests of Congolese by rebels and their foreign allies in the rebel-controlled territories.

The representative of the Democratic Republic of the Congo, in his response to the Special Rapporteur, said several parts of his country were controlled by rebels. Yet, the Democratic Republic of the Congo had been held responsible for all human rights violations. The Special Rapporteur's very recent mandate helped explain the inaccuracy of her facts.

Also addressing the Commission this morning were the Minster for Special Affairs of Georgia, the Deputy Minister for External Relations of Angola, the Deputy Prime Minister and the Minister for Foreign Affairs of the Czech Republic, and the State-Secretary and First Deputy Minister for Foreign Affairs of the Russian Federation.

Malkhaz Kakabadze, Minister for Special Affairs of Georgia, expressed concern as to unresolved conflicts and violated territorial integrity leading to terrorism. One reason for the failure to resolve the conflict in Georgia was the lack of objective assessment in international fora. More than 30 Security Council resolutions on the matter had not provided such an unequivocal assessment despite the accurate documentation from the Organization for Security and Cooperation in Europe. This situation must change, he said.

Georges Chicoti, Deputy Minister for External Relations of Angola, said that as negotiations were underway between the Angolan Government forces and the UNITA military forces, international support and assistance was needed. International assistance was vital for social reintegration, the resettlement of displaced persons, the reintegration of orphans of war, demining, reconstruction and for the preparation of forthcoming elections.

Jan Kavan, Deputy Prime Minister and Minister for Foreign Affairs of the Czech Republic, said his country was campaigning against the death penalty. Unfortunately, this punishment was today widespread in many parts of the world. In fact, it represented the worst violation of the most fundamental human right, the right to life. To apply the death penalty and at the same time to call for the adherence to the principle of the universality of human rights was hypocritical.

And Valery Lochtchinin, State-Secretary and First Deputy Minister for Foreign Affairs of the Russian Federation, said terrorists justified their extremist and separatist aspirations as a fight for human rights. Dividing terrorism into categories of "good" and "bad" was a dangerous game. It was essential to remember that counter-terrorist action nearly always had an "emergency character". The State faced the dilemma whether to protect its citizens or to show "respect" for terrorists.

Kuwait also addressed the Commission this morning. And Cuba and Turkey exercised their right of reply.

The Commission will meet in public from 4.15 p.m. to 4:45 p.m. to hear from high-level government officials from Bulgaria, Iran and Burundi. It will meet in closed session for the rest of the afternoon to consider human rights violations in specific countries under its 1503 procedure.

General Debate

MALKHAZ KAKABADZE, Minister for Special Affairs of Georgia, said the very problem whose new threats had drawn the attention of the international community had been a concern for some time in Georgia -- the matter of unresolved conflicts and violated territorial integrity leading to terrorism. As a result of the genocide and ethnic cleansing conducted by Abkhaz separatists with external military support, many civilians of Georgian and other ethnic extractions had been killed and more than 300,000 had been forcibly displaced. The Abkhaz, who originally constituted only 17 per cent of the population, with the help of foreign regular army units and mercenaries, had expelled the majority just because they were not Abkhaz but Georgians, Armenians, Jews, Estonians, Greeks, or representatives of other ethnic groups. This was carried out alongside summary executions and mass killings. The Georgian Government nonetheless was convinced that all issues must be solved by political means, and that in time, Georgians and the Abkhaz would dwell together in their historic homeland -- Georgia.

One reason for failure to resolve this conflict was a lack of objective assessment in international fora such as the Commission, Mr. Kakabadze said. More than 30 Security Council resolutions on the matter had not provided an unequivocal assessment despite the existence of accurate documentation from the Organization for Security and Cooperation in Europe's (OSCE) summits in Budapest and Lisbon. This situation must change.

It was no secret that the destructive approach of the Abkhaz was supported from the outside, Mr. Kakabadze said. The Russian Federation had introduced visa-free arrangements with the separatist regions of Abkhazia and South Osetia, Georgia, without the consent of the Georgian Government; Commonwealth of Independent States (CIS) forces, upon the demands of certain circles in Russia, carried out the functions of a frontier guard in the region; and they engaged in undisguised cooperation with Abkhaz separatists. For that matter, greater transparency was required in the operations of the UN/OSCE human rights field office in Sokhumi.

Georgia was struggling to cope with the humanitarian needs of many internally displaced persons as a result of the conflict, Mr. Kakabadze said; it had taken numerous comprehensive countrywide steps to improve conditions for the displaced. It was ready to ensure a fair and transparent process for property restitution or compensation for returnees. The UN Representative on the internally displaced had visited Georgia, and Georgia had hosted several visits by Special Rapporteurs of the Commission.

As the situation in Afghanistan illustrated, more international attention was needed to areas outside of Government control, as they could be breeding grounds for terrorism. Georgia needed similar help with its own problem of this kind, and with its efforts to ensure respect for human rights under difficult circumstances. Stability could only be achieved through tolerance, dialogue, and cooperation.

GEORGES CHICOTI, Deputy Minister for External Relations of Angola, said that despite the conflict situation in Angola which had been denounced over the past years, and which was known to the international community, the Angolan Government had never abdicated its commitments towards the defence and promotion of human rights. Tragic events had taken place in the country which had deprived the Angolan people of exercising their civil, political and cultural rights. After overcoming the long colonial occupation of Angola by Portugal, the people and the Government had faced the bitterness of a bloody and devastating war for 26 years. Recent events seemed to be leading to the end of the suffering of the people and provided an opportunity for a new era of national reconciliation, peace and economic development. Concerned with the achievement of peace, the Angolan Government had started several rounds of negotiations with UNITA. However, results had often been rejected, as in 1992, when Jonas Savimbi had occupied large parts of the country. Bearing in mind that peace and political stability were crucial for human rights, the Angolan Government had never spared any efforts to renegotiate with Jonas Savimbi and UNITA, which had led to the Lusaka Protocol in 1994.

The Angolan Head of State had launched successive appeals to bring an end to the war and establish a dialogue with Mr. Savimbi who had constantly responded with acts of pure terrorism, such as the assassination of civilians and kidnapping of children, which had received the unequivocal condemnation of the international community. In an effort to relaunch the peace process, an Intersectorial Commission for this purpose had been established. According to the agenda of the Angolan Government to restore peace, a plan had been created which included the unilateral and unconditional cessation by UNITA under Jonas Savimbi of all military actions and the surrender of his arms and military equipment; the resolution of internal problems of UNITA by its own members; the continuity and conclusion of the implementation of the Lusaka Protocol; and general elections to be held in Angola.

At this moment negotiations were underway between the Angolan Government and UNITA which would hopefully provide a cease fire agreement any time soon. At a time when Angolans were beginning to live in an atmosphere of forgiveness, reconciliation and fraternal harmony, Angola appealed to the international community to help the country eradicate all the factors that could divide Angolans yet again, in order to definitely preserve human rights in Angola. There were challenges ahead, such as the social reintegration and resettlement of four million displaced persons, and the social reintegration of 150,000 children who were orphans of war. Angola would need the assistance of the international community to continue supporting the country in its work towards peace and national reconciliation; a programme of demining; the mobilization of resources for rapid reconstruction; and the preparation and organization of the forthcoming elections.

JAN KAVAN, Deputy Prime Minister and Minister for Foreign Affairs of the Czech Republic, said that international treaties on their own would not prevent the violations of human rights in the world. It was obviously pleasing to hear, for example, that the Convention on the Rights of the Child had an almost universal character. It would, however, be highly hypocritical to be satisfied with this fact in the knowledge of the widespread occurrence in the world today of phenomena such as child soldiers, street children, child prostitution or child pornography and the extent to which child labour was used in various parts of the world. A greater emphasis must therefore be placed on the thorough implementation of the existing standards.

Mr. Kavan said that there were still plenty of examples of States with authoritarian behaviour. We often heard of the persecution of journalists in Belarus or of religious and ethnic minorities in China. The recent elections in Zimbabwe were a cause for concern from the point of view of their regularity and level of democracy. The Czech Republic was also concerned by the fate of the Kurds in Turkey and other countries of the region and the fate of the Palestinians and Israeli civilians, who were forced to live in fear and terror and terrible violence on a daily basis, and the human rights situation in Cuba. The Arab-Israeli conflict could not be resolved by military means. There must be a political solution based on UN Security Council resolutions 242 and 338 and the principle of land for peace. Israel's security needs must be fully respected and a democratic Palestinian State should be established and recognized.

Mr. Kavan said that his country would continue to campaign against the death penalty. This so-called highest and absolute punishment was today widespread in many parts of the world. In civilized democracies, however, there was no place for such a punishment. The Czech Republic was of the view that the death penalty represented the worst violation of the most fundamental human right, the right to life. To apply the death penalty and at the same time to call for the adherence to the principle of the universality of human rights was hypocritical. The Czech Republic fully supported the establishment of the International Criminal Court and the establishment of a mechanism of unexpected preventive visits to places of detention in the form of the adoption of the Optional Protocol to the Convention against Torture. Men could not live in dignity in circumstances of extreme poverty. Extreme poverty like unsolved deep political conflicts could lead to feelings of powerlessness, frustration and anger which in turn could create a fertile soil of sympathy for violence and terror. The Czech Republic welcomed the spirit of Monterrey and the commitment of some of the developed countries to fight poverty.

VALERY LOSHCHININ, State-Secretary and First Deputy Minister for Foreign Affairs of the Russian Federation, said only after 11 September had the world fully realized the danger of terrorism. Terrorists' criminal and base actions had resulted in a unity, unprecedented since World War II, of the world community in its fight against terrorism. The Commission had to admit with regret that it had not succeeded in overcoming the conservative approach of the past and had not realized the consequences of terrorism on human rights. Terrorists were actively using the motto of a fight for observance of human rights in order to justify their extremist and separatist aspirations. And those who tried to find an explanation to terrorism by dividing terrorists into categories of "good" and "bad" played a dangerous game. If one rejected principles of international law, one signed up to the policy of "double standards" and showed indulgence towards terrorism.

The Russian Federation strictly adhered to the principle of the primary responsibility of the State for the promotion and protection of human rights. In this context, if a threat to the observance of human rights existed, the State had merely to adopt effective measures to protect its people. Before assessing the damage to human rights caused by counter-terrorist action, one must recall that such activities nearly always had an "emergency character". The State faced the dilemma whether to protect its citizens or to show a kind of "respect" for terrorists. The Commission had showed concern about attempts to link terrorism to a particular country, people or religion. These attempts constituted an instigation for interethnic and confessional tension in the society that created an environment conducive to greater terrorist activities.

Concerning the Chechen Republic, Mr. Loshchinin said that the problem could not be resolved exclusively by force. The Russian Federation was therefore constantly looking for ways to reach a political settlement of the problem. The Russian Federation did not withdraw from the dialogue with international institutions on the situation in the Northern Caucasus. But there must be no room for political intrigue, short-term profits and selfish interests. Such development of events did not have any credibility and the Russian Federation was resolutely against such modes of action.

Question of the Violation of Human Rights and Fundamental Freedoms in any Part of the World

Under this agenda item the Commission's attention was brought to several reports in advance of the general debate on the topic.

There is a report of the Special Rapporteur on the situation of human rights in Myanmar (E/CN.4/2002/45) which notes positive developments, including confidence building contacts with Daw Aung San Suu Kui and operation of the Governmental Committee on Human Rights. The report calls among other things for enhancement of the country's human rights capacity to allow sufficient prevention, monitoring, and holding accountable State agents who have committed violations; full and unconditional release of all political prisoners; substantial increases in freedom of operation for civil society, political parties, and ethnic groups; observance of minimum standards for treatment of prisoners and attention to vulnerable prisoners such as the sick, the elderly, juveniles and women; educational reform and greater funding of education; expanded efforts to combat violence against women, particularly in areas of conflict; maximum restraint in military activities related to protection of civilians and prisoners, and observance of international humanitarian law in these operations; further involvement of the National League for Democracy (NLD) in planning and managing international humanitarian assistance; and commencement of a substantive dialogue by the Government with the NLD and all other political parties and ethnic nationalities.

There is also a report of the Secretary-General on the situation of human rights in Myanmar (E/CN.4/2002/35) which notes that the Secretary-General's Special Envoy for Myanmar visited the country four times in 2001. The report observes that the national reconciliation process in Myanmar is at a delicate stage, with positive developments having taken place but with events not proceeding as quickly as hoped; that there is a need to move from confidence building to dialogue on substantive political issues; that the Government is urged to quickly release all remaining political prisoners; that the Secretary-General hopes that ongoing talks will soon lead to the restoration of the rights of Daw Aung San Suu Kui so that she may conduct normal activities as the leader of a lawful political party; that freedom of activity of all legitimate political parties, including the NLD, should be restored as soon as possible; and that the transition to democracy should take place in an orderly manner so that Myanmar's stability is not endangered.

There is a report of the Special Representative on the situation of human rights in Equatorial Guinea (E/CN.4/2002/40) which concludes, among other things, that the Office of the High Commissioner has decided to implement a technical assistance programme to help the Government implement previous recommendations of the Special Rapporteur, including preparation of a national plan of action on human rights, prevention of arbitrary detention and torture; promotion of freedom of expression and of the press; removal of military blockades; assurance of independence of the judiciary; codification of laws; elimination of discrimination against women; and provision of basic needs for food, housing, health, education and employment. The report notes that urgent improvements are needed to improve conditions of detention; that imprisonment of minors must be stopped; that further measures are required to prevent women from being imprisoned for abandonment of the home, failure to certify unmarried status or adultery; and that efforts should be made to allow a political dialogue with members of the Equatorial Guinean opposition in exile.

There is a report of the Special Rapporteur on the situation of human rights in Sudan (E/CN.4/2002/46) which contends among other things that the overall human rights state of affairs has not improved; that an amendment to the national Security Forces Act is a cause of concern; that journalists are particularly targeted for suppression; that denial of humanitarian access continues to be used as a military strategy by both the Government and the Sudan People's Liberation Movement/Army (SPLM/A); that the extreme weakness of civil society in southern Sudan needs to be strengthened; that the Government should attempt urgently to normalize operations and shift from emergency provisions to democracy; that military developments on the part of both parties to the conflict continue to cause human rights problems for the civilian population; that the Government should stop bombing civilian targets; that the SPLM/A should stop using civilian installations for military purposes and stop setting up military installations in close proximity to civilian ones; that the SPLM/A should develop genuine democratic structures as a condition for implementation of the right to development; that it should bear more responsibility for addressing the needs of people living in areas under its control; that oil exploitation has become increasingly important for the economic development of the country and appears to be a root cause of the conflict -- that the war contains a religious component but appears primarily to be a war for the control of resources; and that oil exploitation cannot justify the disregard of human rights.

There are two notes by the Secretariat on the situation of human rights in the Democratic Republic of the Congo stating that the recently appointed Special Rapporteur on the topic has not had time to write a report but will give an oral summary to the Commission (E/CN.4/2002/47), and that she also will give an oral presentation on the status of the Commission's requested joint mission to investigate alleged massacres carried out on the territory of the country, including South Kivu, between 1996 and 1997 (E/CN.4/2002/48).


Statements on the Question of the Violation of Human Rights in any Part of the World

PAULO SERGIO PINHEIRO, Special Rapporteur on the situation of human rights in Myanmar, said that there could be no credible and successful democratic transition in the country without the release of all political prisoners and the restoration of the peaceful exercise by all citizens of Myanmar of their right to freedom of opinion, expression, assembly, association, movement and information. Credible transition required the restoration of complete freedom for political parties to conduct their legitimate activities. The precarious humanitarian situation in the country required a more adequate response from the international community.

The Special Rapporteur said that he could not accept the view that the estimated 1,600 remaining political prisoners were criminal offenders. Many had been detained only for having exercised peacefully their political opinions. Doing so was not a crime but a fundamental human right, essential to any democratic transition and life. An amnesty for these persons would help resolve the intractable situation and allow hundreds of Myanmar men and women to return home. The Special Rapporteur also expressed the hope that the restrictions on Daw Aung San Suu Kyi's rights will be lifted soon so that she might be able to resume normal political activities as a leader of a legal political party.

The Special Rapporteur said that there was a need to ensure the independence of the judiciary and the right to defence. These deficiencies needed to be properly addressed so that justice and the rule of law may prevail, and for the same matter the protection of human rights must be guaranteed effectively.

U MYA THAN (Myanmar), responding to the statement and report of the Special Rapporteur on the situation in Myanmar, said the current Special Rapporteur had taken a more positive and constructive approach than had his predecessor, and had issued more balanced reports, and the Government was grateful, and had cooperated with him and would continue to do so. In fact great progress had been made in the past year: many political prisoners had been released, nation-building was proceeding on an impressive scale, the Special Representative of the Secretary-General had visited, workshops were being held on human rights with the cooperation of the former Human Rights Commissioner of Australia, and an understanding had been reached between the Government and the International Labour Office (ILO) on the appointment of an ILO liaison officer.

In view of this progress, Myanmar hoped the language of this year's draft resolution would drop such past phrases as "grave situation of human rights", "deterioration of the situation", "gross and systematic violations", and "grave concern". Not all political prisoners had been released, it was true, but those still held were being held for crimes committed and not for their political activities or beliefs; allegations of ill-treatment of migrants in border areas were unfounded and came from anti-Government elements, and should be ignored; and allegations of forced relocations and of maltreatment of national minorities in border areas were untrue. Relocations in these areas were voluntary and were for purposes of development and the welfare of the populations concerned.

GERHART BAUM, Special Rapporteur on the situation of human rights in Sudan, introducing his report (E/CN.4/2002/46), said he had paid two visits to Sudan in the past year and among the changes had been recent involvement by the United States, which had brokered a cease-fire agreement for the Nuba Mountains, arranged "days of tranquillity" to allow for the eradication of a number of diseases, raised the topics of slavery, abductions and forced servitude, and raised the point of aerial bombardments against civilians, all of which could lead to an improvement of the situation. There also had been work done on the creation of a national human-rights institution and the strengthening of civil society in cooperation with the Office of the High Commissioner for Human Rights. Still, although these developments were encouraging, the human rights situation had not yet changed and no tangible improvement really could be noted.

A state of emergency remained in force allowing for flexible and arbitrary security measures, Mr. Baum said; and an amendment to the National Security Forces Act virtually allowed for incommunicado detention for six to nine months. Freedom of the press was still limited and journalists were sometimes temporarily imprisoned; there continued to be cases of discrimination against Christians; allied militias of both sides continued to cause widespread insecurity, making no distinctions between military and civilian targets and often resorting to recruitment of child soldiers; women continued to suffer disproportionately from the conflict and the application of discriminatory laws; and within areas controlled by the Sudanese People's Liberation Movement/Army (SPLM/A), although information was difficult to obtain, widespread human rights violations also appeared to continue. The exploitation of the country's oil resources clearly was exacerbating the conflict, as a fight was under way for the control of power and resources worth a great deal of money.

A long-term, unified initiative for peace in Sudan was the only approach that would succeed, Mr. Baum said, and it was critical that the root causes of the conflict be addressed and that careful political follow-up be carried out. All relevant actors of society must be included in peace negotiations, and there must be concerted efforts towards confidence-building and democratization.

IBRAHIM MIRGHANI IBRAHIM (Sudan) said that it welcomed the positive remarks and recognitions made by the Special Rapporteur, including on the decrease of the number of human rights violations and the admission that there was no religious persecution in the Sudan. The Government was addressing the problem of internally displaced persons, including providing them with basic education and health services. Regarding individual human rights cases taken up by the Special Rapporteur, Sudan recalled that their root cause was the ongoing conflict in southern Sudan and called for an immediate comprehensive cease-fire pending a peaceful resolution of the conflict so as to put an end to all those concerns. Aerial bombardments had, on some rare occasions, unintentionally affected civilians as was the case with other countries with even more sophisticated war planes. The full protection of civilians would not be attainable unless a comprehensive cease-fire was accepted by the rebels.

Sudan welcomed the recognition by the Special Rapporteur that positive steps had been taken with regard to abductions and had the pleasure to report that all measures had been taken to strengthen the Committee for the Eradication of Abduction of Women and Children. Sudan wished to note that the 9,000 child soldiers referred to in the report had not been recruited by the Government of Sudan but by the SPLA. The Government had, during the past few months, taken very strong measures to address all the serious concerns expressed by the Commission, including protection of civilians, humanitarian assistance and abductions.

GUSTAVO GALLON, Special Representative on the situation of human rights in Equatorial Guinea, said Equatorial Guinea put to the test the efficiency of the mechanisms of the Commission. Last year the Commission had increased the scope of his mandate. Unfortunately, last year the authorities had not allowed him to visit the country. This year, the Government had offered all its cooperation during his visit, notwithstanding the lack of a good disposition of the local officials. Some improvements could be seen in health services in prisons. Also persons entering the country with foreign newspapers or magazines were no longer prosecuted. And civilians were no longer judged by military courts.

The efforts of many years of work could bring fruit in Equatorial Guinea if the Commission stood firm. It was proposed that a mission of experts should be sent to the country to investigate the situation of torture and the judiciary as a whole. Equatorial Guinea lacked a consistent rule of law and the concentration of power and the use of force was evident. Civilians were exposed to tremendous insecurities and faced imprisonment at any time. There was also a chronic intolerance of dissidents. There was evidence of arbitrary punishments, including torture. The inhumane situation in certain areas where torture was common practice proved the insecurity in the country.

Mr. Gallon said that after his visit, there had been an alarming number of reports of arbitrary arrests and torture. He also highlighted important political developments in the country and the difficulties faced by the opposition, including death threats. The country was facing extreme poverty that affected 60 per cent of the population. The Commission was appealed to renew the mandate of the Special Representative, to keep a close eye on the country and to pressure the Government to continue in the process towards the respect for human rights.

RUBEN MAYE NSUE MANGUE (Equatorial Guinea), responding to the Special Representative's report and remarks, said the Representative had presented isolated occurrences and facts as the prevailing situation in the country. In fact there had been, as last year's resolution stated, substantive progress. The Government, furthermore, had vigorously worked to implement the recommendations in last year's resolution. It had ratified various international instruments and had made requested legal reforms in relation to women's rights and detention. It had taken steps to guarantee the independence of the judiciary. It had provided better prison conditions, it had acted to realize the rights of the child, it had promoted human rights in other ways. It had supported a series of ILO standards aimed at bolstering union rights and combatting child labour, among other things.

The Government and people of the country recognized the vulnerability of the national frontiers and guarded them carefully in an effort to prevent clandestine migration, trafficking in children, and trafficking in drugs. The report charged that xenophobia was insinuated towards certain West Africans, but the charge was not true; there was no ethnic discrimination. Sources of charges of such violations as torture had no credibility, and the standard of living in the country was higher than that claimed by the Special Representative. Unfortunately, meanwhile, there were still some in the country who practised violence, and steps had to be taken, including detention, to deal with them and to prevent them from destabilizing the country. The Commission should devote its energy and resources to providing Equatorial Guinea with technical assistance.

IULIA-ANTOANELLA MOTOC, Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo, said that the serious situation of human rights in the Democratic Republic of the Congo primarily depended on the persistence of armed conflicts in the country. Under the Government-controlled territory, there had been several positive developments in the human rights situation, including a moratorium on the death penalty, the release of 300 child soldiers as well as a more favourable climate for political parties. In general, representatives of political parties and civil society had indicated that there was a slight improvement in the human rights situation since the coming to power of President Joseph Kabila.

Mrs Motoc said that most human rights violations related to the failure of the administration of the justice system. Military Courts continued to try civilians. A year after the assassination of Laurent Kabila, suspects who were detained were denied access to a lawyer. Concern was voiced over the situation of women who were still penalized by the family and labour code. The situation of economic and social rights remained worrying.

Mrs Motoc said that the situation in the rebels-controlled territories in the East was the most dramatic and was characterized by a deterioration in the security situation and the continuation of clashes between troops of the Democratic Republic of the Congo and the armed militia Mayi-Mayi. The economic conditions had also deteriorated. Salaries were not paid and the natural resources of the Democratic Republic of the Congo continued to be illegally exploited in the territories under rebel control and foreign occupation. Gross human rights violations included the systematic rape of women and young girls, pillages, extortions, violations of the right to freedom of expression, assembly and fair trial as well as arbitrary arrests of Congolese by rebels and their foreign allies in the rebels-controlled territories. The atmosphere prevailing in those territories was one of terror.

ANTOINE MINDUA KESIA-MBE (the Democratic Republic of the Congo), responding to the remarks of the Special Rapporteur on the situation in the country, said Special Rapporteurs so often went to Africa and found only negative things as a way of "justifying" their missions. But this had been a relatively balanced report. If the Special Rapporteur had cited some cases of violations of human rights, she also had recounted a number of positive steps taken by the Government. The country had been besieged by war for years, and it had to be remembered that the human rights situation had to be considered in terms of the parts of the country that were under the control of rebel forces and foreign armies; in these locations, human rights abuses were rife and massive; women were raped, and people were executed, displaced, and harmed in other ways. The situation in these regions remained one of terror. The worst violations occurred under rebel occupation in the east of the country, and to end them it was necessary for the international community to exert serious pressure on the Governments of Rwanda and Uganda so that their forces were withdrawn from Congolese territory.

Still, the Special Rapporteur held the Government of the Democratic Republic of the Congo responsible for some violations; he did not have time to respond to them in detail, and her lack of knowledge of the terrain and the lack of time she had served in her mandate helped explain the inaccuracy of her facts. He wished to say among other things that a large reform of the judiciary was being carried out, concerning both military as well as civilian courts; extensive measures had been taken to bolster the rights of women; and steps had been taken to improve the situation of children and to rehabilitate child soldiers.

DHARAR A. R. RAZZOOQI (Kuwait) said, in response to the Special Rapporteur on the situation of human rights in Iraq who presented his report the previous day, that he regretted that the Iraqi Government was still unwilling to cooperate with the Tripartite Commission to solve to issue of Kuwaiti prisoners of war. Iraq continued, as usual, with its policy of procrastination in handling this important issue and refused to cooperate in the deliberations of the Tripartite Commission. Given the humanitarian nature of this issue, the Special Rapporteur had urged the Government of Iraq to join the work of the Tripartite Commission and its Technical Subcommittee and to take steps to ensure that the necessary investigations in respect of pending cases were carried out and that relevant information was related, as appropriated, to its destination.

It was deplorable that more than a decade had passed and yet the issue of the prisoners of war had not been fully dealt with by Iraq. Iraq had legal and moral obligations to fulfill its duties in terms of international law and international humanitarian law. It had accepted to implement Security Council resolutions 686 and 687. Yet, with flagrant violations of its duties, Iraq continued to refuse to cooperate in this matter. Iraq bore the full responsibility of releasing all prisoners of war, Kuwaiti and third-country nations. This issue was purely humanitarian and not political and the non-cooperation was an act of deliberate cruelty. The international community was called upon to continue to pressure Iraq by all means to release Kuwaiti and third-country nationals.


Rights of Reply

A Representative of Cuba, speaking in right of reply, said that the Deputy Prime Minister of the Czech Republic had tried to justify the reasons that drove his country to present resolutions against Cuba in the past. However, he did not speak on behalf of the Czech Republic but acted as an agent of the United States. Why did he not speak about the human rights situation in the United States? Cuba did not recognize the moral authority of Czech Republic to preach others and invited it to concentrate on its own human rights record instead.

A Representative of Turkey, speaking in right of reply, said the Czech Republic seemed to think it was qualified to comment on human rights affairs in the world in general. The Deputy Prime Minister, as if his own country's human rights record was stainless, had dared to criticize Turkey over the Kurdish situation. The Turkish Constitution guaranteed equal rights for all, and full respect of human rights; the Czech Deputy Prime Minister need not concern himself with Turkey, but he might wish to look into the situation of the human rights of the Roma minority in the Czech Republic.



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