COMMISSION ON HUMAN RIGHTS STARTS DEBATE ON VIOLATIONS OF RIGHTS IN ANY PART OF THE WORLD

Commission on Human Rights
57th session
29 March 2001
Afternoon




Hears from Special Rapporteurs on Afghanistan and Sudan



The Commission on Human Rights this afternoon started its debate on the violation of human rights and fundamental freedoms in any part of the world and heard addresses by its Special Rapporteurs on the situation of human rights in Afghanistan and Sudan.

Kamal Hossain, the Special Rapporteur on Afghanistan, presented his report to the Commission, noting that all the warring parties in the country had been guilty of grave breaches of international humanitarian law, including aerial bombardment of civilian targets, indiscriminate bombing, rocketing and other artillery attacks on civilian populated areas, massacres involving reprisal killings of civilians, summary executions of prisoners, and torture. Over half a million Afghans had left their homes and had become newly displaced during 2000 and early 2001, heading towards impoverished cities and other areas.

The Representative of Afghanistan said that the Special Rapporteur’s report had suggested shared responsibility between the Government and the Taliban for continuation for the war, but the fact was that the Taliban was responsible for the offenses. The Taliban had declared that they would not cooperate with the Special Representative of the Secretary-General, who was looking for a political resolution. A solution must be political. War was never the solution. Also not mentioned in the report were the thousands of foreign mercenaries, mainly from Pakistan, who kidnapped women and trained other foreign extremists.

Gerhart Baum, the Special Rapporteur on Sudan, said that the overall positive developments in Sudan were to be acknowledged, although serious concerns remained. Many violations and abuses of human rights and humanitarian law were closely linked to the on-going conflict,

including inter-ethnic fighting, and were perpetrated by both the Government and Sudanese People Liberation Movement (SPLM) and allied factions. Such violations had continued to occur, resulting in displacement, starvation, killing of civilians, looting and burning villages, abductions and rape. In addition, oil exploitation had led to an exacerbation of the conflict with serious consequences on the civilians.

The Representative of Sudan welcomed the positive remarks made by the Special Rapporteur. Regarding the concerns expressed by the Special Rapporteur, he said it should be remembered that their root cause was the ongoing conflict in southern Sudan, and that the Government was ready to accept an immediate comprehensive cease-fire to put an end to all those concerns. Oil exploitation had guaranteed more human rights to the local population, in particular, the right to food, housing, education, health, and freedom of movement, since new roads were built. Generally, it was a much better standard of life.

Also this afternoon, the Commission heard from Pierre-Henri Imbert, the Director-General of Human Rights at the Council of Europe, and Eugene Nindorera, the Minister of Human Rights, Institutional Reforms and Relations with the National Assembly of Burundi.

Mr. Imbert, among other things, said that the protection of minorities remained a matter of continuing concern for the Council of Europe as it was essential to stability, democratic security and peace. The situation in Chechnya was also a matter of continuing grave concern. The Council of Europe believed that a solution to the conflict could only be found through political means and not through violence. Particularly worrying were the ongoing reports of indiscriminate killings of civilians and disappearances and other human rights violations.

Mr. Nindorera said that despite the efforts of his Government to integrate the rebels in its ranks, the armed groups had openly opted for the intensification of their violence against the civil population. The armed groups had so far committed crimes against innocent civilians and had attempted to damage international passenger aircrafts. The blind terrorist activities of those rebel groups could not be justified. The international community should condemn the acts committed by those groups. Among other things, he also said that peace in Burundi depended on the security and peace of the region of the Great Lakes because of the fact that regionalization of a conflict would also affect the country.

The Commission this afternoon also concluded its debate on the question of the violation of human rights in the occupied Arab territories, including Palestine. It heard non-governmental organizations accuse both Israeli and Palestinian authorities of human rights violations.

At the end of the discussion, Peter Falk a member of the commission of inquiry into the situation in the occupied territories, said that there was no doubt that Israeli forces had resorted to excessive force in responding to the second intifada. The response had produced an intolerable situation for the entire Palestinian population. Both Israelis and Palestinians sought peace and security, but peace, security and justice could not be achieved without respect for human rights and international law. The most useful step that could be taken by the international community at this time was to provide an international presence of a monitoring character, in the West Bank and Palestine, that would provide these beleaguered people some kind of transparency. It was the responsibility of this Commission to show that the international community was able to act.


Addressing the Commission this afternoon were Representatives of Afghanistan and Sudan.

The following non-governmental organizations also took the floor: World Union for Progressive Judaism, Centre for Economic and Social Rights, International Federation of Human Rights, International Commission of Jurists, Cairo Institute for Human Rights Studies, Palestinian Centre for Human Rights, Women International Democratic Federation, International Islamic Federation of Student Organizations, Defence for Children, Medicins du Monde - International, World Muslim Congress, the Organization for the Solidarity of the People’s of Asia, Africa and Latin America, the Arab Organization for Human Rights, Society for Threatened Peoples; Nord-Sud XXI, Centre Europe - Tiers Monde, World Muslim League, and the International Association against Torture.

The Commission was scheduled to continue its debate on the violation of human rights in any part of the world in an extended evening and night meeting from 6 p.m. to midnight.


Statements on the question of the violation of human rights in the occupied Arab territories, including Palestine

PIERRE-HENRI IMBERT, Director-General of Human Rights at the Council of Europe, said that the unique feature of the European Convention on Human Rights was its judicial control system in the form of a supranational Court of Human Rights, accessible to all individuals alleging violations of their Convention rights. The past decade had seen a spectacular extension of the geographical area covered by this mechanism, with the result that today, some 800 million people enjoyed the protection of the Convention and the right to bring cases to the Strasbourg Court.

The protection of minorities remained a matter of continuing concern for the Council of Europe, Mr. Imbert said. Protection of minorities was essential to stability, democratic security and peace. While taking into account the different aspects of the questions of minorities, it was important to stress that the protection of minority rights must be fully recognized as an integral part of the international protection of human rights. In this year of the World Conference against Racism, it was sad but necessary to note that racism, racial discrimination, xenophobia and intolerance remained wide-spread in Europe. The fact that Europe did not have the monopoly on these phenomena was neither a consolation nor an excuse. On the contrary, the Council of Europe was keenly aware of the seriousness of the situation and the need to address it through intergovernmental cooperation and assistance activities.

The situation in Chechnya was a matter of continuing grave concern for the Council of Europe which believed that a solution to the conflict could only be found through political means and not through violence. Particularly worrying were the ongoing reports of indiscriminate killings of civilians, disappearances and other human rights violations. The overall security and humanitarian situation remained extremely difficult. The Council stressed that it was essential that an end was put to the current climate of impunity surrounding the crimes committed in Chechnya, emphasizing that the European Convention obliged State parties, in this case the Russian Federation, to conduct effective investigations into such human rights violations.

EUGENE NINDORERA, Minister of Human Rights, Institutional Reforms and Relations with the National Assembly of Burundi, said that despite the efforts of his Government to integrate the rebels in its ranks, the armed groups had openly opted for the intensification of their violence against the civil population. They had also strengthened their coalition with the dreadful groups of the "interahamwe" and the former members of the Rwandan army who had committed acts of genocide in Rwanda. The armed groups had so far committed crimes against innocent civilians and had attempted to damage international passenger aircrafts. The blind terrorist activities of those rebel groups could not be justified. The international community should condemn the acts committed by those groups.

Mr. Nindorera said an international mediation group led by the former South African President Nelson Mandela had underlined the need to implement the Arusha Peace and Reconciliation Accord, which was reached between the Government of Burundi and the rebel factions. The Accord was the only alternative to settle the political conflict which had divided the people of Burundi. Nevertheless, the rebels had refused to negotiate a cease-fire and continued their rebellion. In that situation, the Government of Burundi had no choice but to fight them back.

Peace in Burundi depended also on the security and peace of the region of the Great Lakes because of the fact that regionalization of a conflict would also affect the country, Mr. Nindorera said. Burundi had no interest in the affairs of the Democratic Republic of the Congo except that its own security was threatened by the Burundian armed groups fighting on the side of the Congolese army. In addition, several attacks against Burundi came from the groups stationed in Tanzania. The implementation of the Lusaka agreement concerning the Democratic Republic of the Congo would lead to a recrudescence of violence in the territory of Burundi where those Burundian and Rwandese criminals seemed to establish their miliary bases.

DAVID LITTMAN, of the World Union For Progressive Judaism, said that everyone was perfectly aware from watching media coverage that children of all ages were being deliberately incited to violence by the leaders of the intifada, in contravention of fundamental humanitarian principles. Children should never be indoctrinated or encouraged to participate in armed conflict of any kind. All educational systems should be vehicles to tolerance, not tools for propaganda, and should never be used to install enmity and hatred. One of the root causes of the ongoing tragic events in the Middle East was the systematic misuse of education through schools and the media by the Palestinian Authority.

In September 2000, the Palestinian Authority had issued 15 textbooks, comprising the curricula for all grades from 1 to 6. Nowhere was Israel located on a map of Palestine that stretched from the Dead Sea to the Mediterranean. A passage from a book called Our Country Palestine read "there is no alternative to destroying Israel”. The introduction to volume 2 was even more explicit, saying that "perhaps Allah brought the Jews to our land so that their demise would be here, as it was in their wars with Rome”. Endless quotations like this were to be found in many other Palestinian Authority school text books.

CAROLINE LAMBERT, of the Centre for Economic and Social Rights, said that Israel's refusal to apply universal principles of human rights and humanitarian law to its conduct in the occupied Palestinian territories presented a fundamental challenge not only to the legitimate rights of the Palestinian people, but also to the credibility of the United Nations. It was incumbent upon the Commission to develop effective international measures to establish the rule of international law in the occupied Palestinian territories. While Israel's occupation was the underlying cause of the current crisis, the immediate cause was its policy of expropriation of land for settlements and depriving Palestinians of free movement and economic opportunity through closures. Since the
Oslo process began in 1993, Israel had extended rather than ended its occupation by doubling the number of illegal Jewish settlers and imposing a comprehensive closure that had crippled the Palestinian economy.

SHAWQI ISSA, of the International Federation of Human Rights, said the Federation was concerned at the escalating violence against Palestinians on the part of Israeli forces and settlers. Increasingly repressive forms of collective punishment were being used against Palestinians, including the siege of Palestinian towns which was leading to devastating violations of human rights and humanitarian law in all aspects of life. There were bombings and shellings of Palestinian civilian areas, house demolitions and land confiscations, and policies and practices designed to cripple the Palestinian economy, all of which were leading to a deepening humanitarian crisis in the Palestinian occupied territories. Violations of the Fourth Geneva Convention, including war crimes, continued to be committed for which the perpetrators had either not been properly investigated or prosecuted or had enjoyed complete impunity. The facts indicated a deliberate Israeli policy and practice of excessive and disproportionate use of force, leading to wilful killings and wilfully causing great suffering or serious injury.

LOUISE DOSWALD-BECK, of the International Commission of Jurists, said her group continued to be deeply concerned at the appalling situation in Israel and the occupied Palestinian territories, with the degree of violence and violations of human rights and humanitarian law that was occurring. Attacks on civilians not taking part in hostilities could never be justified in any circumstances and all efforts should be made to prevent the civilian population, especially children, from being exposed to the violence. All governmental authorities were required to protect the right to life in accordance with international law and ignoring that only would lead to more fear and hatred on both sides. Concern was also expressed at the Israeli policy to carry out extra-judicial killings of those considered to be a threat to Israel as that constituted a grave violation of the Fourth Geneva Convention. All parties to the conflict should investigate all instances of illegal violence with the view to stopping such behaviour and bringing perpetrators to justice.

DIANNE LUPING, of the Cairo Institute for Human Rights Studies, said that all Member States, other than Israel, recognized that the Fourth Geneva Convention applied to the Palestinian occupied territories and that it constituted binding international law upon Israel. Israel, alone in the international community in its unique assessment of its own violations and obligations, continued to refuse to accept the binding nature of these obligations. The international community was fully aware of the gross violations that continued to be perpetrated by Israel, including extra judicial killings, torture and inhuman treatment; arbitrary arrests and administrative detentions; use of collective punishments, including the siege of Palestinian towns; the bombings of Palestinian infrastructure and civilian areas (resumed last night); land confiscation and house demolitions; and punitive controls of the Palestinian economy resulting in the impoverishment of Palestinians. The international community must take strong, effective and immediate measures to stop Israel's violations of the human rights of the Palestinians, including comprehensive sanctions, embargoes and the immediate deployment of an international peacekeeping force.

MAREN MARGARET ZERRIFFI, of the Palestinian Centre for Human Rights, said that over the last six months, the human rights situation in the occupied Palestinian territories had deteriorated rapidly, reaching an all time low. The Centre expressed its dismay at Israel's continued occupation and gross, systematic and massive violations of international human rights and humanitarian law which had resulted in an escalating human rights and humanitarian crisis. Israel had used heavy weaponry normally employed in full-scale warfare against Palestinian civilians. That had happened during clashes with demonstrators who were either unarmed or were using stones as well as when there were no clashes at all. Since November 2000 alone, Israel had carried out at least 10 assassinations of Palestinian leaders as part of an official policy of political assassination, in two cases killing six civilian bystanders.

DORA CARCANO, of the Women International Democratic Federation, expressed solidarity with the Palestinian people and condemned the acts of violence and flagrant violations of human rights by Israel that led to many deaths and sufferings. Why did Israel want to annihilate a people. Israel must cease the bombardment of Palestinian territories, comply with UN resolutions 242 and 338 and withdraw from the all territories it had occupied since 1967, including East Jerusalem. The international community must assist the Palestinian people.

GHULAM MOHAMMAD SAFI, of the International Islamic Federation of Student Organizations, said that since September 2000, 3 million civilians in the West Bank and Gaza had been living under a siege imposed by the Israeli military occupation. All movement of people and goods was completely restricted and controlled by the Israeli army. The army had dug trenches and moats and built mounds of dirt to close Palestinian towns and villages. Food, fuel and other basic necessities had become scarce. After announcing that Palestinians had become among the poorest in the world, the World Food Programme was distributing flour in Gaza. The poverty level had doubled in five months. The siege had caused more than 2 billion dollars in losses to the Palestinian economy and unemployment levels had soared to 48 per cent.

GEORGES ABU AL-ZULOF, of Defence for Children, said that it should be stressed that the current violations of human rights in the occupied territories did not suddenly appear in September 2000. Rather, they were the culmination of the ongoing Israeli occupation of Palestinian land. The world should not be surprised that Palestinians had refused to accept the consequences or fact of this occupation. It was imperative that the international community take action now. The reality was simple - the Palestinian people had an undisputed right to self-determination. Palestinian refugees had an undisputed right to return to their homes and land. The international community should adopt a boycott against Israel and send a temporary protection force to prevent the continued attacks against the Palestinian populations. Given the widespread and flagrant violations of humanitarian law perpetrated by the Israeli military, police and armed Israeli civilians in the West Bank, Gaza Strip and Jerusalem, an international tribunal should be established for the sole purpose of prosecuting persons responsible for serious human rights violations committed in the occupied territories between 29 September 2000 and a date to be determined by the Security Council.

GRACIELA ROBERT, of Medecins du Monde -International, said that her group had been supplying medical assistance to wounded Palestinian persons in the occupied territories in places such as Ramallah. It had also run emergency centres where it had been treating patients or persons injured during the conflict, and had been practising surgical and other treatment. However, the centre had been prevented by the Israeli army from receiving medical equipment and other medical products and medicines which were essential to continue its activities. Although Medecins du Monde respected the principle of neutrality, the Israeli army had been targeting the centre and had been bombarding it. By doing so the Israelis were violating the rights of Palestinians to receive medical treatment.

AHMAD MAQBOOL, of the World Muslim Congress, said that the world was a witness to the massacre of innocent Palestinians by the Israeli army. Israeli soldiers targeted the heads and chests of unarmed stone-throwing Palestinian youth. Israel had clamped down an apartheid on the Palestinian people. The Palestinian territory was cut up into small bits or isolated "Bantustans", rendering a Palestinian mini-state non-viable. Israel was cleansing areas under its control of Palestinian residents in order to facilitate their eventual annexation. Some 200,000 Jewish settlers already lived in the West Bank and Gaza and another 200,000 lived in East Jerusalem. More settlements were being planned. The Palestinians, whose homeland was stolen from them and who were victims of politics of dispossession, were expected to take it lying down. Israel's so-called security interests did not accommodate the existence of Palestinians.

CIPRIANO CASTRO SAEZ, of the Organization for the Solidarity of the People’s of Asia, Africa and Latin America, said that the issue of self-determination of the Palestinian people was one which should not be questioned by anyone. Their struggle to restore their legitimate rights and exercise their self-determination within their territories should be supported. Israel had been violating the just cause of Palestinian peoples with the connivance of the United States. The right of Palestinian people to establish their own State was legitime. The crime committed by Israel against Palestinian people was jeopardizing the peace and security of the region. The international community had to continue its pressure on Israel to stop its aggression against Palestinian people.

NAZEL ABDEL GADIR, of the Arab Organization for Human Rights, said that Israeli human rights violations in the occupied territories were becoming more serious. Since September, Israel had been waging a genuine war against the Palestinian people, using all sorts of weapons, including helicopters and missiles leading to 400 deaths and thousands of injured persons. In September, Israeli aggression entered a serious phase, with the imposition of a blockade on the Palestinian territories. Even the headquarters of the Palestinian Authority had become a target. All repressive measures had not broken the will of the Palestinian people to reject the occupation and the humiliating conditions imposed on them. What was Israel trying to achieve by using this terrible arsenal against the Palestinians and by violating international law. Clearly, Israel sought to lead the Palestinian people to despair. The international community had done nothing to prevent the violations by Israel. The situation suggested that the worst was yet to come. Israel should be condemned strongly for its aggression against the Palestinians and measures should be taken to protect the Palestinian people. The High Contracting Parties of the Fourth Geneva Convention should hold a meeting on the situation and the Commission should adopt the reports by the High Commissioner and the international commission of inquiry.

ANNE ELISE HOTER, of the Society for Threatened Peoples, expressed concern at the human rights situation in the Israeli-occupied areas of the West Bank and the Gaza Strip and the autonomous areas under Palestinian rule. Between September 2000 and March 2001, about 329 Palestinians had been killed. The great majority of those people had been civilian Palestinians, including 90 youth under 18 years of age. Thousands more had been injured; there had been 47 victims on the Israeli side -- 20 members of the security forces and 27 civilian settlers. The Israeli security forces had reacted to the Palestinians' demonstrations with excessive force. In addition, they had executed Palestinians whom they accused of having been responsible for the violence. That policy of extra-judicial killing violated Israeli and international laws.

IRENE BRUSCA, of Nord Sud XXI, asked how long the UN would remain paralysed in face of the grave Israeli violations of human rights in the occupied territories. The Israeli war against Palestinian civilians was aimed at replacing the Palestinian people with hundred of thousands of settlers from the four corners of the world. The isolation, blockade, roadblocks and other measures imposed by the Israeli occupation army was but a copy of the policy of Banthoustants pursued by the South African regime during the apartheid era. Until when would the international community tolerate the crimes against humanity perpetrated by Israeli leaders ? Until when would the Palestinian people be the victims of a racial discrimination policy on the part of the Israeli occupation forces. Increasingly, Israeli leaders were seeking to subjugate the Palestinian people rather than make peace with them. The recent election of Ariel Sharon, with his odious past, was but the result of this trend.

ANIS MASOURI, of the Centre Europe - Tiers Monde, said that his organization was concerned by the deterioration of the situation in Palestine and condemned the ideological manipulation which attempted to put the oppressed and the oppressor on equal footing. It also condemned the use of excessive force by the Israeli army against the revolt of Palestinians. The Palestinian people had been subjected to daily cruel treatment by Israelis. The children who were participating in the intifada revolt were considered by the Israelis as individuals manipulated by the Palestinian authorities. They were victims of assassination in the hands of Israeli forces. The Israeli snipers who aimed at the heads of the innocent defenders of their rights were authorized to do so. The Israelis were also demolishing the houses and properties of the Palestinians.

JAMIL MUHAMMAD AL-MAIMAN, of the World Muslim League, said the League welcomed the reports of the High Commissioner and the commission of inquiry. There findings were balanced, and confirmed that human rights were being violated, and that certain mechanisms of the United Nations were not responding. The violations by the Israeli forces, and the use of excessive force, were of great concern. The League noted the increasing number of children killed by the Israeli forces. There should be prosecutions for these crimes. It called for the creation of a tribunal so there could be trials. The Palestinian Authority and the Palestinian people wanted peace. The Israeli arrogance would not create peace.

ROGER WAREHAM, of the International Association against Torture, said the international community was confronted once again with an oppressed people, flinging stones, challenging a heavily armed, internationally supported opponent. The racist regime of Israel, along with the United States, had been one of the strongest supporters of Apartheid South Africa. The Palestinians were besieged as the South Africans had been besieged by the South African Apartheid regime. Not only did the Israeli acts, which were taken to maintain the occupation, violate all the areas of human rights, but they also brought into question the legitimacy of Israel itself. The Commission should condemn the escalation of violence in the region resulting from Israel's violations of human rights and humanitarian law.

RICHARD FALK, member of the commission of inquiry, said the commission was encouraged by the strong support for the main conclusions which were contained in its report, and its general recommendations. The commission of inquiry had faced a challenge in conducting an inquiry without the help of the Government of Israel. Nevertheless, it did its best to understand the Israeli arguments. The commission had made an effort to lean over backwards to take into account Israel's position. There was no doubt about the conclusions that had been reached. Israel had resorted to excessive force in responding to the second intifada. The Israeli policy and response had produced an intolerable situation for the entire Palestinian population. The way in which the occupation was continued produced a daily ordeal for each Palestinian person, even those who were not involved in the intifada.

Both Israelis and Palestinians sought peace and security, they yearned for it. But peace, security and justice could not be achieved without respect for human rights and international law. The notion that was prevalent during the Oslo process, that human rights and international law could be put aside for the negotiating process, was a dangerous deception. It was necessary at every point to affirm that human rights and international law were as important as the peace that was being sought.

Mr. Falk said that the time for talk was over, and the time for action was now. Repeatedly, the commission of inquiry had heard expressions of disillusionment about the impact of resolutions passed by international bodies. The credibility of the United Nations was challenged by its inability to implement the resolutions which it passed. There was no reasonable excuse to defer any longer in dealing with these issues. The main direction of the conclusions were supported by the non-governmental organizations, the senior civil society personnel dealing with the Palestinian people, and other representatives. On all fronts, there was a consensus as to what was responsible for this violence. And there was a sense as to what was necessary to reverse this process.

The most useful step that could be taken by the international community at this time was to provide an international presence of a monitoring character in the West Bank and Palestine that would provide these beleaguered people with some kind of transparency. It was hoped that those who had abstained from a resolution calling for such a presence, and the United States, which had vetoed it, would reconsider. Israel had had ample opportunity to take steps to uphold international law, but had been unable and unwilling to do so. If the elementary provisions of the Geneva Conventions were to be upheld, almost all of the violence would cease overnight. Steps should be taken to examine the vulnerability of the Palestinian refugees. There needed to be new initiatives taken in that direction. It was the responsibility of this Commission to show that the international community was able to act.


Question of the violation of human rights and fundamental freedoms in any part of the world, including the question of human rights in Cyprus

Before the Commission under this agenda item is a report on the situation of human rights in Afghanistan (E/CN.4/2001/43) submitted by Kamal Hossain, Special Rapporteur. The report, which addresses the impact of the armed conflict on human rights, states, inter alia, that half a million Afghans left their homes and became displaced during 2000 and early 2001 with more people expected to be on the move over the next several months. The report states that all the warring parties have been guilty of grave breaches of international humanitarian law. Human rights violations included aerial bombardments of civilian targets, indiscriminate bombings, rocket and other artillery attacks on areas populated by civilians, reprisal killings of civilians, summary executions of prisoners, rape and torture.

The report indicates further that throughout Afghanistan the impact of war on the economic infrastructure has been devastating. Transport and communication facilities are derelict. For Afghans, there are few job opportunities outside the subsistence economy on the one hand and the criminalized economy on the other. Close to a million people are estimated to be vulnerable, hungry and at risk as a result of the loss of their agricultural output. High rates of chronic malnutrition are widespread in Afghanistan owing to extreme poverty; regular illness and a severe drought are exacerbating the problem, according to the report. The sufferings of the Afghan people are compounded by the use of the territory of Afghanistan for various forms of cross border criminal activity, including drug trafficking.

Statements

KAMAL HOSSAIN, Special Rapporteur on the situation of human rights in Afghanistan, presenting his fifth report, said that all the warring parties in Afghanistan had been guilty of grave breaches of international humanitarian law. Their war-making was supported by the involvement of Afghanistan's neighbours and other States in providing weapons, ammunition, fuel and other logistical support. State and non-State actors across the region and beyond continued to provide new arms and other materials as well as training and advisory assistance. The arms provided had been directly implicated in serious violations of international humanitarian law. Those included aerial bombardment of civilian targets, indiscriminate bombing, rocketing and other artillery attacks on civilian populated areas, massacres involving reprisal killings of civilians, summary executions of prisoners, and torture.

There were credible reports that Taliban forces had summarily executed ethnic Uzbek prisoners in Samagan province during early 2000. Accounts of the number of killings and precise burial sites varied, but the killings appeared to have been large-scale and were reported to have taken place near the Rubatak pass, along the road from Mazar-i-Sharif to Pul-i-Khumri.

Over half a million Afghans had left their homes and had become newly displaced during 2000 and early 2001, heading towards impoverished cities and other areas. According to the United Nations High Commissioner for Refugees and officials in Pakistan, there had been a marked increase in new arrivals in recent months, the total number estimated to have arrived since mid-2000 to around 170,000. Many of them fled their country in a quest of survival in the face of drought, hunger and conflict in which those especially affected were ethnic minorities and other vulnerable groups.

The international community was expected to discharge its fundamental obligation to protect the people and territory of Afghanistan from external interference and from the destructive armed conflict which continued to be externally supported.

HUMAYUN TANDAR (Afghanistan) said that for the last 18 years, the Commission on Human Rights had investigated the human rights situation in Afghanistan. The report submitted by the Special Rapporteur this year showed clearly that the ongoing war was the reason for the violations of human rights in the country. The report dealt with information about massive and arbitrary executions, forced displacement, and inhuman conditions for Afghan women. These were placed upon the people by a militia, backed by a foreign power. The report had suggested a shared responsibility between the Government and the Taliban for continuation of the war, but the fact was that the Taliban was responsible for the offenses.

The Taliban had declared that they would not cooperate with the Special Representative of the Secretary-General, who was looking for a political resolution. A solution must be political. War was never the solution. The Special Rapporteur’s report had not mentioned that there were thousands of foreign mercenaries in Afghanistan, mainly from Pakistan. They kidnapped women, and trained other foreign extremists. The matter of minorities rights should have been dealt with more thoroughly in the report. The Taliban engaged in a policy of ethnic cleansing -- which was a crime against humanity.

Through appropriate measures, humanitarian assistance should continue to be extended to Afghans. The people of Afghanistan did not seek this situation, and wanted it to end. This was a catastrophe. Any political solution should be founded on the principles of democracy and the rule of law. Many Afghans who lived abroad dreamed of returning to their native country. The Afghan community abroad had an important role to play.

If Pakistan respected the embargo placed upon the Taliban by the Security Council, then a prompt return to peace could happen. But if they did not, then it would be a slower process.

GERHART R. BAUM, Special Rapporteur on the human rights situation in Sudan, said that the overall positive developments in Sudan were to be acknowledged although serious concerns remained, linked to some extent to the ongoing conflict. The year 2000 was characterized by an improvement in several human rights-related areas. The Government was keen to improve its international reputation. It was noteworthy that opposition politicians had returned to the country and were able to express their positions publicly. However, there had been a backlash starting last December. One of the most serious matters was arbitrary arrests and detention without judicial review. That situation was exacerbated by the extension of the state of emergency, which allowed the President to rule through provisional acts, although now they would be subjected to Parliament's approval.

Mr. Baum said that during his visits to Sudan, he was able to meet with opposition figures as well as Government officials. However, he was not able to meet the former Prime Minister who was at present in detention. He acknowledged the Government's openness to discuss all individual cases which he raised in his meetings and the promptness with which he was provided with a preliminary reply on most of them.

Many violations and abuses of human rights and humanitarian law were closely linked to the on-going conflict, including inter-ethnic fighting, and were perpetrated by both the Government and Sudanese People Liberation Movement (SPLM) and allied factions. Such violations had continued to occur, resulting in displacement, starvation, killing of civilians, looting and burning villages, abductions and rape. With regard to violations of human rights and humanitarian law occurring within the framework of the conflict, the most blatant abuses perpetrated by the Government were constituted by indiscriminate bombing against the civilians and civilian installations.

In addition, oil exploitation had led to an exacerbation of the conflict with serious consequences for the civilians. The Government was resorting to forced eviction of local populations and destruction of villages to depopulate areas and allow for oil operations to proceed unimpeded.

IBRAHIM MIRGHANI IBRAHIM (Sudan) said it welcomed the positive remarks made by the Special Rapporteur. Regarding the concerns expressed by the Special Rapporteur, it should be remembered that their root cause was the ongoing conflict in southern Sudan, and that the Government was ready to accept an immediate comprehensive cease-fire to put an end to all those concerns. The provisional amendment to the National Security Forces Act was made because a terrorist group had taken advantage of the leniency of the old Act and had killed, in December 2000, 22 citizens while praying inside a mosque. Moreover, the amendments were provisional and would be subject to the approval of Parliament, which would review them soon. Also, the Constitutional Court had the power to declare that amendments were unconstitutional.

Most of the individual cases raised by the Special Rapporteur were not human rights violations in the Government's view since the individuals concerned were facing criminal charges under the Penal Code. A case in point was that of the seven representatives of the opposition National Democratic Alliance whose trial had already started, and they were represented by a panel of lawyers of their own choice. Yesterday, the Minister of Justice and Chairman of the Advisory Council for Human Rights called the Special Rapporteur and explained to him that all individual cases were currently under review to consider the possibility of dropping the criminal charges. The freedom of women in Sudan was guaranteed, and the only concern was the Order made by the Wali of Khartoum in connection with their work in certain fields to protect their decency as he believed. But the Constitutional Court had suspended the order. The Special Rapporteur was not justified in reporting about limitations of freedom of women while the matter was pending a judicial judgment.

Casualties to civilians due to aerial bombardment were because the rebels continuously used civilian premises for military purposes. Both this esteemed Commission and the UN General Assembly had called upon the rebels to stop such practices. The Government had taken serious measures to decrease such incidents. The Government should be praised for having agreed to the unprecedented UN Operation Lifeline Sudan (OLS), which provided relief even to areas under the control of the rebels. Flights were denied on very rare occasions because of security considerations, and for the safety of the crew and UN personnel.

Oil exploitation had guaranteed more human rights to the local population, in particular, the right to food, housing, education, health, and freedom of movement, since new roads were built. Generally, it was a much better standard of life. On the other hand, public interest and economic activities -- whether they were oil exploration, mining or building new roads -- justified the acquisition of private land after prompt payment and adequate compensation was made. In Sudan, acquisition of land for such purpose was governed by a 1930 law, passed before independence. People in the areas of oil exploration considered themselves now as most fortunate, and many others living in areas controlled by rebels had already travelled long distances to live in the oil exploration areas of peace and development.


CORRIGENDUM

In press release HR/CN/01/18 of 28 March, 2001, the statement of the Representative of Turkey on page 13, speaking in right of reply, should read as follows:

A Representative of Turkey, speaking in right of reply, said he wished to respond to flagrant misrepresentations of the situation in Cyprus. Turkey’s presence in Cyprus was not occupation or invasion but was based on international agreements pending a peaceful solution to the issue. As for the question of missing persons, it was well-known that the policy of the Greek Cypriot administration was aimed at preventing the Committee on Missing Persons from fulfilling its mandate for propaganda purposes. As regards the demographic character of the island, the Greeks had altered the demography of Cyprus by settling thousands of people there. With regard to the revised report of the Secretary-General, the ability of the Greek Cypriots to “convince” the Secretariat to make substantive changes in its own report was unexpected and the Secretariat’s submissive attitude in the face of a vast Greek Cypriot media campaign to discredit the original report of the Secretary-General was unusual.



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