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30 March 2000
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Commission on Human Rights
56th session
30 March 2000
Morning
High Government Officials of Togo, Bulgaria, Indonesia, Cuba, Nigeria and
Chile Address Commission on Human Rights
Special Representatives appointed by the Commission on Human Rights to focus on situations in Equatorial Guinea and Rwanda said this morning that the countries continued to suffer human-rights difficulties and that international aid should be aimed at bolstering fundamental freedoms and at bringing those responsible for past abuses to justice.
Gustavo Gallon, Special Representative on the situation in Equatorial Guinea, termed the state of human rights there 'serious', saying, among other things, that the justice system did not operate fairly, that civilians were tried by military courts, that torture and incommunicado detention were systematic, and that rights to free expression and freedom of movement were denied.
Michel Moussalli, Special Representative on the situation of human rights in Rwanda, said among other things that the public remained traumatized from the 1994 genocide, which affected inhabitants' behaviour, thinking and actions. The institutions and the authorities of Rwanda should be encouraged to put in place conditions under which the population could look forward to peace, coexistence and reconciliation, and to do that, he said, the population, and particularly those who had escaped the genocide, should be convinced that the principal authors of the genocide would not be left unpunished.
The Commission also was addressed by a series of high Government officials.
Harry Olympio, Minister for the Promotion of Democracy and the Rule of Law of Togo, described the situation in the country under a new Constitution and explained efforts to enhance democracy and respect for human rights.
Marin Raykov, Deputy Minister for Foreign Affairs of Bulgaria, said Bulgaria had suffered considerably from the conflict in the former Yugoslavia. Democratic security and stability in the region was threatened by the current policies of the Belgrade authorities, he added, and the latest developments in Kosovo clearly showed how difficult it could be to bring peace to a society which was rife with ethnic conflict and which lacked democratic institutions.
Hasballah M. Saad, Minister for Human Rights Affairs of Indonesia, said the Government believed that the overall situation in the country had much improved, including in the Moluccas. The Government had shown a strong commitment to bringing to justice those responsible for human-rights abuses in East Timor, he said -- the Indonesian Commission Investigating Human Rights Violations in East Timor had completed its task and submitted its report, which had identified a number of individuals presumed to be responsible for abuses on the island in the period beginning January 1999.
Felipe Perez Roque, Minister for Foreign Affairs of Cuba, asked, among other things, if the Commission would dare approve a resolution condemning the United States for human-rights violations ranging from child prostitution and pornography to racial discrimination, and if it would condemn the United States Government for what he called a 'dirty war' it had waged against the people of Cuba for forty years with the intent of destroying Cuba's political, economic and social system.
Dubem Onyia, Minister of State for Foreign Affairs of Nigeria, outlined Government efforts to promote democracy, human rights, and judicial independence, and said freedom of the press was now guaranteed in the country and that reform of the prison system was under way. Due to Nigeria's past under military dictatorship, there was a need for an investigation of all previous allegations of human-rights violations, he told the Commission.
And Jaime Orellana, Under-Secretary of Justice of Chile, said Chile was carrying out far-reaching reform of its criminal-justice system and making the transition from an inquisitorial and secretive regime to one that was adversarial and public. Chile intended to have human-rights offenses investigated and sanctioned as speedily and efficiently as possible, while guaranteeing all human rights, he said.
Following these speeches, the Commission carried on with its annual review of the question of human-rights violations anywhere in the world. Several national delegations spoke, including those of Equatorial Guinea and Rwanda, who responded to the remarks of the Special Representatives. Other statements came from Mexico and the United States.
The Commission will reconvene at 3 p.m. for an extended meeting. Adjournment is scheduled for 9 p.m.
Statements
GUSTAVO GALLON, the Special Representative on the situation of human rights in Equatorial Guinea, said the situation of human rights in that country was serious. People were systematically detained without trial and were being held incommunicado. Nine people were sentenced to death by a military tribunal in 1998. Their death sentence had been subsequently commuted to life imprisonment by the President of the Republic. These detainees were held in deplorable conditions without being allowed to see their families. The Special Representative had received information that these people had been transferred in March to another prison, located far away from the homes of their families. Detainees held incommunicado in Malabo prison showed evident signs of torture, a systematic practice in Equatorial Guinea.
The lack of democracy in the country gave rise to a climate of tension and human rights violations. Citizens could not leave the country without obtaining special permission from the authorities and they were subjected to controls at roadblocks within the country. There was no independent media in the country. Of particular concern was the practice of trying civilians by military courts. Equatorial Guinea had not ratified the Convention Against All Forms of Racial Discrimination or the Convention against Torture.
In order for its technical assistance programmes to be effective, Equatorial Guinea needed to start a human rights campaign, based on the recommendations of the Special Representative. The Commission should appeal to all UN bodies and donor countries to coordinate their efforts in helping Equatorial Guinea to implement a human rights action scheme.
HARRY OLYMPIO, Minister for the Promotion of Democracy and the Rule of Law of Togo, said that the twenty-first century was a challenge for all. Human beings, through their creative talent, should invent a new and just world, more equitable and more respective of human rights, by proposing a global solution to the elimination of poverty. As long as poverty and misery persisted alongside wealth and abundance, the planet would never have a durable peace.
Throughout its history, Togo had been guided by the principles and objectives of the Organization of African Unity, Mr. Olympio continued to state. Togo had always expressed its attachment to the ideals of peace and justice as well as to the principles of democracy, rule of law, and the promotion and protection of human rights. It was for that reason that Togo had ratified most of the international human rights instruments and had progressively integrated them in the domestic legislation of the country. Thanks to the establishment of a new Constitution, the democratic process had been pursued and consolidated, and the situation of human rights in the country was improving.
Mr. Olympio affirmed his country's firm attachment to the respect of the right to life and human dignity by expressing his Government's determination to cooperate with the United Nations Secretary-General and the Secretary-General of the Organization of African Unity. Togo would investigate the allegations made by Amnesty International about the discovery of human corpses in a Togolese beach before and after the election in June 1998. It would also cooperate with an international commission of inquiry which would be established for that purpose.
MARIN RAYKOV, Deputy Minister of Foreign Affairs of the Republic of Bulgaria, said that there had been positive developments in the work of the Commission as a result of the finalization of the two optional protocols to the Convention on the Rights of the Child. The optional protocols concerned children in armed conflicts and the sale of children, child prostitution and child pornography. A good start had been given to the reform of the special mechanisms of the Commission. It was questionable if the overall human rights record had been improved and if the rights enshrined in the Universal Declaration had been guaranteed. Human rights were the responsibility of States, but as agreed in Vienna, human rights were also a legitimate concern of the international community.
Bulgaria had demonstrated in recent years its resolve to work for the promotion of human rights universally. It wanted to improve further on that record by assuming the responsibility of full membership of the Commission on Human Rights. Bulgaria had suffered considerably from the conflict in the former Yugoslavia; democratic security and stability in the region was threatened by the current policies of the Belgrade authorities. The latest developments in Kosovo clearly showed how difficult it could be to bring peace to a society which was rife with ethnic conflict and which lacked democratic institutions. There were no human rights as yet in Kosovo. Violence had to be renounced and a multi-ethnic democracy needed to be implemented. Bulgaria strongly condemned violence against all ethnic groups in Kosovo. The secure return of the refugees was needed to hold fair elections in Kosovo.
There were human rights violations in southern Serbia, Mr. Raykov said. The authorities were protecting extreme groups such as the Army for Liberation of Presevo, Medvedja and Bujanovac. The authorities were urged to respect and implement the Constitution. In Serbia-Montenegro, the reformist policies of the Montenegro leadership were seen as an important factor for the expansion of democracy. The international community should condemn the situation in Serbia. A pluralistic democracy based on human rights was required to ensure long lasting peace there. Ethnic groups had to be fully and effectively integrated. As stated by the European Union, the integration of the Federal Republic of Yugoslavia into the international community depended on its change to democracy and compliance with international obligations. It was important to question whether the currently imposed sanctions against Serbia were effectively focused and how they could serve the cause of democracy. One also had to consider the potential threats to regional security due to possible spillover of instability; such a trend could endanger the future of civil societies in the whole region.
HASBALLAH M. SAAD, State Minister for Human Rights of Indonesia, said his country was now engaged in a process of unprecedented and fundamental reform in all fields, notably in the political, economic, social and legal sectors. In this effort, Indonesia placed great emphasis on human rights. The Government had established a team of legal experts to review all national laws and regulations with a view to ensuring their consistency with the spirit of reform and with international human rights norms. After forty years, Indonesia again had a Minister of Defence who was a civilian and for the first time a State Minister for Human Rights. At the same time, the Government had taken measures to redress past human rights abuses. However, the severe impact of the financial crisis had not made it any easier for Indonesia to promote and protect human rights.
Indonesia believed that the overall situation in the country had much improved, including in the Moluccas. Indonesia still had to deal with the residual problem of the issue of East Timor. In this regard, the Government had shown its strong commitment to bring to justice those responsible for human rights abuses in East Timor. The Indonesian Commission Investigating Human Rights Violations in East Timor had completed its task and submitted its report. This report was widely recognized, and had identified a number of individuals presumed to be responsible for human rights violations in East Timor in the period beginning January 1999. The Government had also taken serious measures to remedy the situation of the refugees who fled to various parts of Indonesia, including facilitating their safe and dignified return to East Timor. As for future relations between Indonesia and East Timor , both had agreed to adopt a new forward-looking policy and had laid a strong foundation for new relations.
FELIPE PEREZ ROQUE, Minister of Foreign Affairs of Cuba, asked if it was possible to reconcile the right to freedom of opinion and speech with the fact that ownership of the mass media was increasingly more privatized, absolute, monopolized and transnational. Could anyone explain to the 800 million starving people on the planet, who owned nothing more than their hunger, what was meant by 'Everyone has the right to own property'? When one read that ' Everyone has the right to take part in the government of his country', was one thinking about the 850 million illiterate adults who could not even write, let alone read, the word 'right'? Those were the realities. That was why, when one contemplated the level of manipulation, lies, hollow discourse and hypocrisy; when one considered the attempt to dogmatically imposed patterns and models that claimed to be universal, one realized with deep conviction that the war in which human rights causes were dealt with in the world needed to be salvaged from the selfish interests they were hostage to.
Would the Commission ever be capable of condemning the United States, Mr. Perez Roque asked. Would it dare to approve a resolution condemning the United States for child prostitution and pornography in that country, for widespread violence and the proliferation of firearms, for police brutality and the inequalities of its judicial system, for the unfair and arbitrary application of the death penalty? Also, for its practices of racial, sexual and religious discrimination, for its lack of care for the growing masses of poor and dispossessed people living at the heart of the most opulent society in the history of the world?
Would the Commission be in a position to condemn the United States' Government for the dirty war that it had waged against the people of Cuba for forty years, with the single and self-professed aim of destroying its political, economic and social system? What did the Commission have to say to the 11 million Cubans who were fully aware that more than five years ago, this body had declared that 'food should not be used as a tool for political pressure'? How would the Commission explain to Cuban children, to pregnant women, to the elderly and disabled, that while the United States tried to starve them into surrender, in flagrant violation of their human rights, that country had not been condemned by the Commission. What was more, the United States had set itself up as supreme judge and ruling authority over the conduct of the other countries on the planet.
Once again the United States was attempting to accuse Cuba in the Commission, the Cuban Minister said. What real reason could the Czech Government have for presenting a resolution against Cuba other than to carry out orders from the United States? Cuba, for its part, was proud of the steadfast decision to defend its independence, its dignity and its sovereignty -- and it would never stoop, as others had, to serving an imperial power. The United States blockade and economic war against Cuba -- an attempt to wipe out an entire nation through hunger and disease -- was the most serious violation of the human rights of the Cuban people. And they should cease completely as soon as possible.
DUBEM ONYIA, Minister of State for Foreign Affairs of the Federal Republic of Nigeria, said he was particularly delighted to represent the democratically elected Government of Nigeria, after over a decade and a half of military rule. He had come to testify to the commitment and determination of the Obasanjo administration to uphold, promote and protect human rights. Nigeria noted with appreciation the adoption of resolution 1999/11 of 24 April, 1999 which called on the Office of the High Commissioner to 'respond positively, as a matter of priority, to any request from the Government of Nigeria for technical assistance and advisory services and measures to strengthen national capacity in the field of human rights'.
Nigeria's approach to human rights and fundamental freedoms was born out of both logic and experience. The Government of Nigeria was appalled and worried about the increasing wave of man's inhumanity to humankind in some parts of the world. This inhumanity had no place in an interdependent global village. The challenge was the effective implementation of all existing mechanisms on human rights. The capacity to promote and protect human rights for all required an understanding and cooperation by all stake holders, integrated into the supervisory framework of the United Nations. This required the political will to create an enabling environment. The paradox of the times was that in the midst of globalization and economic prosperity, over 1 billion people lived in abject poverty.
The Nigerian Government had undertaken several steps for the promotion of human rights and the development of the society. Democracy was being consolidated whilst ensuring the independence of the judiciary. The freedom of the press was guaranteed and reform of prisons was under way. Due to Nigeria's past under military dictatorship, there was a need for an investigation of all previous allegations of human rights violations.
The number of democratic countries in the world had increased, but further development was not possible without the substantial reduction of foreign debts. This was not a plea for charity but a matter of social and economic justice for all. The Nigerian Government was facing difficulties due to the illegal transfer of money by the former regime. International help was needed to prevent the country from being robbed in such a way. Nigeria had also undertaken a poverty alleviation initiative, creating new employment opportunities and supplying access to housing and food security. The President's initiative to establish the Niger Delta Development Commission had been approved by the National Assembly. Mr. Onyia concluded by calling for international cooperation not confrontation, encouragement not discouragement, in the effort to promote human rights.
JAIME ARELLANO, Under Secretary of Justice of Chile, said his country had the firm intention of further strengthening its republican and democratic institutions and extending the enjoyment of human rights and fundamental freedoms. In this respect, the Office of the High Commissioner for Human Rights was of special importance to Chile, which affirmed its readiness to collaborate in all its initiatives.
In the field of justice, Chile had been proceeding with the far-reaching reform of its criminal justice system by making the transition from an inquisitorial and secretive regime to one that was adversarial and public. Chile intended to have offenses investigated and sanctioned as speedily and efficiently as possible, while guaranteeing all human rights. Conditions in prisons had been improved, the practice of detaining people on suspicion was being abolished and the offence of torture was being defined in accordance with international obligations. Chile had also supported the establishment of a Permanent International Criminal Court as well as the right to restitution of the victims of human rights violations. This said, Chile defended the prior right of its courts to judge events that had taken place in Chile.
Chile also advocated the rights of women and indigenous populations and denounced intolerance and racial discrimination. On indigenous populations, Chile indicated that a serious dialogue had been initiated with representatives of the indigenous peoples in the country. On the issue of globalization, Chile called for greater attention to be devoted to the social dimension of development.
GUSTAVO GALLON, Special Rapporteur on Rwanda, said that no day passed in Rwanda without the discovery of new common graves where victims of the genocide were buried. Sometimes, one could witness human remains of little children attached to the backs of their mothers. It was a true fact that the population, having lived through the drama of genocide in 1994, remained traumatized by the consequences which had affected its behaviour, its thinking and its actions in the society. The institutions and the authorities of Rwanda should be encouraged to put in place conditions in which the population could look forward to peace, coexistence and reconciliation. To do that, the population, and particularly those who had escaped the genocide, should be convinced that the principal authors of the genocide would not be left unpunished.
The Special Rapporteur recommended that the international community should help Rwanda in its efforts to promote and respect human rights as well as to bring about national conciliation. The Government's efforts were commendable and some of the efforts were already bearing fruits. The Rwadan authorities and donor countries should be congratulated for their determination. Nevertheless, those efforts risked being in vain if the countries of the region did not come forward to resolve the profound crisis among them and the mortal conflict which had affected all their populations.
RUBEN MAYE NSUE MANGUE (Equatorial Guinea) said, in response to the report of the Special Rapporteur, that he was surprised to read that the human rights violations in his country were alleged to be systematic, massive and grave, and that the situation was precarious. The Special Rapporteur's report was very dramatic but not credible for the people of the country. Equatorial Guinea was a country of peace in a region of conflict and the President, as Chairman of the Economic Community of Central Africa States, had organized a summit between Heads of States which led to a mechanism to strengthen regional stability and to resolve conflicts. It was a small country and until oil was discovered in the region, there were little or no resources to implement even a basic plan of government. Now, the country was one of the fastest growing economies in Africa with a per capita income of $1,200.
There were only eighty-five people in jail, and there was no evidence to show that people had suffered from maltreatment or politically-motivated attacks. In fact, 34 religions were practising their beliefs in absolute freedom in Equatorial Guinea. There was freedom of expression as the 12 newspapers and magazines proved, five of which represented the opinion of the opposition parties. Last year, there had been legislative elections. There had been criticism as the so-called international community was not there, however there had been dozens of international observers from the Organization of African Unity, the Organization of Africa Caribbean Pacific and the Organization of Francophonia. These observers had made positive comments on the election process. The Government and political parties were continuing their dialogue and had announced municipal elections two days ago. All political parties would take part and international observers would be invited. There had been attempts to end the commercialization of justice. The civil service, as part of a good governance programme, had prohibited hiring or firing of people on the basis of political opinion or religious beliefs.
There were ethnic minorities in Equatorial Guinea who called for self-determination. The Government had not legalized this group as it was preaching violence and exclusivity. However, the ethnic minority was not being persecuted. There were no laws of discrimination, all ethnic groups were free to practice their beliefs, culture and religion and to participate politically. They were represented in the police, armed forces and held key positions in the Government. The Special Rapporteur had not been persuasive or constructive. The delegation of Equatorial Guinea urged the Commission to see the reality of the country and how the Government was continuing the process of democratisation. Equatorial Guinea also needed help from the international community in terms of technical assistance.
ANTONIO DE ICAZA (Mexico) said his country believed that only with democracy and the rule of law could the challenges of the new century be faced. The division of powers and democracy were a reality in Mexico. Democracy ensured a constant vigilance for respect for human rights. Mexico was introducing changes into its Constitution to ensure the independence of the judiciary. It was also taking measures to eradicate impunity. The Government had also launched a national programme for the promotion of human rights. So far the programme had had very positive results. The ombudsman system had been also strengthened.
The Government of Mexico was committed to human rights and violations were not part of its policy. International cooperation in the field of human rights had helped Mexico to create a culture conducive to the respect for human rights. The Government responded to allegations of human rights violations and launched investigations into them. It was also committed to achieve peace in Chiapas. The elimination of human rights violations could not be achieved overnight, however, as indicated by the High Commissioner for Human Rights. It was important to make progress in the field of human rights within the context of democracy.
JEAN DE DIEU MUCYO (Rwanda) said the Special Rapporteur had visited Rwanda at a time when much work was being done to promote human rights. The Rwandan delegation supported the recommendations made in the report. Human rights had been promoted to a high level and considerable efforts had been made in restoring the rule of law. Rwanda wished to prevent the repetition of the genocide and peaceful coexistence was preconditioned by restoring justice. There could be no impunity for those who had been involved in the tragic past.
One of the problems in bringing those responsible to court was that there were so many guilty people. In normal circumstances, crime was a marginal occurrence. The genocide of 1994 had involved virtually the whole society. The classical approach could therefore not be taken. Rwanda was in the process of finding a solution to this problem through a compromise between traditional and conventional justice. Rwanda supported the statement made by the Belgian Foreign Minister that impunity had to be sought and tirelessly pursued.
Rwanda appealed to the delegations to arrest presumed murders on their territories as they should be tried. The Rwandan delegation agreed with the Special Rapporteur on the state of security in the country. The situation had improved since 1997 and activities of the former Rwandan army and militia had decreased considerably. The Government fully supported the Lusaka agreement. As the Special Rapporteur had said in the report, the reconciliation efforts were genuine and beginning to bear fruit. The nation was determined to continue in its efforts to bring about reconstruction and reconciliation based on the principles of human rights.
HAROLD HONGJU KOH (the United States) said the human rights situation remained worrying in many parts of the world. Iranian elections had demonstrated how much the Iranian people favoured more political and social freedom and greater Government accountability. At the same time, Iran's poor human rights record was troubling, in particular its treatment of religious minorities as Baha'is and Jews. In the former Yugoslavia, the Milosevic regime continued its campaign of terror against its own citizens. The same combination of repression, violence and revenge could be seen in the systematic violations of human rights in Sierra Leone. Similarly, in the Democratic Republic of the Congo, Government and anti-government forces had committed mass killings of civilians, and had carried out arbitrary detentions, torture, beatings and rape. In Afghanistan, the Taliban's repressive treatment of women constituted a clear and systematic violation of their universally-recognized rights. Restrictions on women were also imposed throughout Saudi Arabia.
Burma remained under military rule, with the political restrictions on Nobel laureate Aung San Suu still in place. In Iraq, the regime of Saddam Hussein continued its brutal campaign against the Iraqi people. In Sudan, the Government continued to suppress political dissents, utilizing executions, disappearances, torture, beatings, harassment, arbitrary arrests and other violations, including slavery and aerial bombardment of civilian targets. China continued to fall short of the international norms and standards it had agreed to uphold. In Cuba, the Government of Fidel Castro continued to suppress ruthlessly all forms of political dissent. Russia used indiscriminate force against innocent civilians in Chechnya. Other human rights violations were committed in Belarus, Uzbekistan and Turkmenistan.
Some claimed that the Commission should not focus on country situations. However in some countries, human rights abuses were simply too pervasive to be addressed by thematic resolutions.
*****
56th session
30 March 2000
Morning
High Government Officials of Togo, Bulgaria, Indonesia, Cuba, Nigeria and
Chile Address Commission on Human Rights
Special Representatives appointed by the Commission on Human Rights to focus on situations in Equatorial Guinea and Rwanda said this morning that the countries continued to suffer human-rights difficulties and that international aid should be aimed at bolstering fundamental freedoms and at bringing those responsible for past abuses to justice.
Gustavo Gallon, Special Representative on the situation in Equatorial Guinea, termed the state of human rights there 'serious', saying, among other things, that the justice system did not operate fairly, that civilians were tried by military courts, that torture and incommunicado detention were systematic, and that rights to free expression and freedom of movement were denied.
Michel Moussalli, Special Representative on the situation of human rights in Rwanda, said among other things that the public remained traumatized from the 1994 genocide, which affected inhabitants' behaviour, thinking and actions. The institutions and the authorities of Rwanda should be encouraged to put in place conditions under which the population could look forward to peace, coexistence and reconciliation, and to do that, he said, the population, and particularly those who had escaped the genocide, should be convinced that the principal authors of the genocide would not be left unpunished.
The Commission also was addressed by a series of high Government officials.
Harry Olympio, Minister for the Promotion of Democracy and the Rule of Law of Togo, described the situation in the country under a new Constitution and explained efforts to enhance democracy and respect for human rights.
Marin Raykov, Deputy Minister for Foreign Affairs of Bulgaria, said Bulgaria had suffered considerably from the conflict in the former Yugoslavia. Democratic security and stability in the region was threatened by the current policies of the Belgrade authorities, he added, and the latest developments in Kosovo clearly showed how difficult it could be to bring peace to a society which was rife with ethnic conflict and which lacked democratic institutions.
Hasballah M. Saad, Minister for Human Rights Affairs of Indonesia, said the Government believed that the overall situation in the country had much improved, including in the Moluccas. The Government had shown a strong commitment to bringing to justice those responsible for human-rights abuses in East Timor, he said -- the Indonesian Commission Investigating Human Rights Violations in East Timor had completed its task and submitted its report, which had identified a number of individuals presumed to be responsible for abuses on the island in the period beginning January 1999.
Felipe Perez Roque, Minister for Foreign Affairs of Cuba, asked, among other things, if the Commission would dare approve a resolution condemning the United States for human-rights violations ranging from child prostitution and pornography to racial discrimination, and if it would condemn the United States Government for what he called a 'dirty war' it had waged against the people of Cuba for forty years with the intent of destroying Cuba's political, economic and social system.
Dubem Onyia, Minister of State for Foreign Affairs of Nigeria, outlined Government efforts to promote democracy, human rights, and judicial independence, and said freedom of the press was now guaranteed in the country and that reform of the prison system was under way. Due to Nigeria's past under military dictatorship, there was a need for an investigation of all previous allegations of human-rights violations, he told the Commission.
And Jaime Orellana, Under-Secretary of Justice of Chile, said Chile was carrying out far-reaching reform of its criminal-justice system and making the transition from an inquisitorial and secretive regime to one that was adversarial and public. Chile intended to have human-rights offenses investigated and sanctioned as speedily and efficiently as possible, while guaranteeing all human rights, he said.
Following these speeches, the Commission carried on with its annual review of the question of human-rights violations anywhere in the world. Several national delegations spoke, including those of Equatorial Guinea and Rwanda, who responded to the remarks of the Special Representatives. Other statements came from Mexico and the United States.
The Commission will reconvene at 3 p.m. for an extended meeting. Adjournment is scheduled for 9 p.m.
Statements
GUSTAVO GALLON, the Special Representative on the situation of human rights in Equatorial Guinea, said the situation of human rights in that country was serious. People were systematically detained without trial and were being held incommunicado. Nine people were sentenced to death by a military tribunal in 1998. Their death sentence had been subsequently commuted to life imprisonment by the President of the Republic. These detainees were held in deplorable conditions without being allowed to see their families. The Special Representative had received information that these people had been transferred in March to another prison, located far away from the homes of their families. Detainees held incommunicado in Malabo prison showed evident signs of torture, a systematic practice in Equatorial Guinea.
The lack of democracy in the country gave rise to a climate of tension and human rights violations. Citizens could not leave the country without obtaining special permission from the authorities and they were subjected to controls at roadblocks within the country. There was no independent media in the country. Of particular concern was the practice of trying civilians by military courts. Equatorial Guinea had not ratified the Convention Against All Forms of Racial Discrimination or the Convention against Torture.
In order for its technical assistance programmes to be effective, Equatorial Guinea needed to start a human rights campaign, based on the recommendations of the Special Representative. The Commission should appeal to all UN bodies and donor countries to coordinate their efforts in helping Equatorial Guinea to implement a human rights action scheme.
HARRY OLYMPIO, Minister for the Promotion of Democracy and the Rule of Law of Togo, said that the twenty-first century was a challenge for all. Human beings, through their creative talent, should invent a new and just world, more equitable and more respective of human rights, by proposing a global solution to the elimination of poverty. As long as poverty and misery persisted alongside wealth and abundance, the planet would never have a durable peace.
Throughout its history, Togo had been guided by the principles and objectives of the Organization of African Unity, Mr. Olympio continued to state. Togo had always expressed its attachment to the ideals of peace and justice as well as to the principles of democracy, rule of law, and the promotion and protection of human rights. It was for that reason that Togo had ratified most of the international human rights instruments and had progressively integrated them in the domestic legislation of the country. Thanks to the establishment of a new Constitution, the democratic process had been pursued and consolidated, and the situation of human rights in the country was improving.
Mr. Olympio affirmed his country's firm attachment to the respect of the right to life and human dignity by expressing his Government's determination to cooperate with the United Nations Secretary-General and the Secretary-General of the Organization of African Unity. Togo would investigate the allegations made by Amnesty International about the discovery of human corpses in a Togolese beach before and after the election in June 1998. It would also cooperate with an international commission of inquiry which would be established for that purpose.
MARIN RAYKOV, Deputy Minister of Foreign Affairs of the Republic of Bulgaria, said that there had been positive developments in the work of the Commission as a result of the finalization of the two optional protocols to the Convention on the Rights of the Child. The optional protocols concerned children in armed conflicts and the sale of children, child prostitution and child pornography. A good start had been given to the reform of the special mechanisms of the Commission. It was questionable if the overall human rights record had been improved and if the rights enshrined in the Universal Declaration had been guaranteed. Human rights were the responsibility of States, but as agreed in Vienna, human rights were also a legitimate concern of the international community.
Bulgaria had demonstrated in recent years its resolve to work for the promotion of human rights universally. It wanted to improve further on that record by assuming the responsibility of full membership of the Commission on Human Rights. Bulgaria had suffered considerably from the conflict in the former Yugoslavia; democratic security and stability in the region was threatened by the current policies of the Belgrade authorities. The latest developments in Kosovo clearly showed how difficult it could be to bring peace to a society which was rife with ethnic conflict and which lacked democratic institutions. There were no human rights as yet in Kosovo. Violence had to be renounced and a multi-ethnic democracy needed to be implemented. Bulgaria strongly condemned violence against all ethnic groups in Kosovo. The secure return of the refugees was needed to hold fair elections in Kosovo.
There were human rights violations in southern Serbia, Mr. Raykov said. The authorities were protecting extreme groups such as the Army for Liberation of Presevo, Medvedja and Bujanovac. The authorities were urged to respect and implement the Constitution. In Serbia-Montenegro, the reformist policies of the Montenegro leadership were seen as an important factor for the expansion of democracy. The international community should condemn the situation in Serbia. A pluralistic democracy based on human rights was required to ensure long lasting peace there. Ethnic groups had to be fully and effectively integrated. As stated by the European Union, the integration of the Federal Republic of Yugoslavia into the international community depended on its change to democracy and compliance with international obligations. It was important to question whether the currently imposed sanctions against Serbia were effectively focused and how they could serve the cause of democracy. One also had to consider the potential threats to regional security due to possible spillover of instability; such a trend could endanger the future of civil societies in the whole region.
HASBALLAH M. SAAD, State Minister for Human Rights of Indonesia, said his country was now engaged in a process of unprecedented and fundamental reform in all fields, notably in the political, economic, social and legal sectors. In this effort, Indonesia placed great emphasis on human rights. The Government had established a team of legal experts to review all national laws and regulations with a view to ensuring their consistency with the spirit of reform and with international human rights norms. After forty years, Indonesia again had a Minister of Defence who was a civilian and for the first time a State Minister for Human Rights. At the same time, the Government had taken measures to redress past human rights abuses. However, the severe impact of the financial crisis had not made it any easier for Indonesia to promote and protect human rights.
Indonesia believed that the overall situation in the country had much improved, including in the Moluccas. Indonesia still had to deal with the residual problem of the issue of East Timor. In this regard, the Government had shown its strong commitment to bring to justice those responsible for human rights abuses in East Timor. The Indonesian Commission Investigating Human Rights Violations in East Timor had completed its task and submitted its report. This report was widely recognized, and had identified a number of individuals presumed to be responsible for human rights violations in East Timor in the period beginning January 1999. The Government had also taken serious measures to remedy the situation of the refugees who fled to various parts of Indonesia, including facilitating their safe and dignified return to East Timor. As for future relations between Indonesia and East Timor , both had agreed to adopt a new forward-looking policy and had laid a strong foundation for new relations.
FELIPE PEREZ ROQUE, Minister of Foreign Affairs of Cuba, asked if it was possible to reconcile the right to freedom of opinion and speech with the fact that ownership of the mass media was increasingly more privatized, absolute, monopolized and transnational. Could anyone explain to the 800 million starving people on the planet, who owned nothing more than their hunger, what was meant by 'Everyone has the right to own property'? When one read that ' Everyone has the right to take part in the government of his country', was one thinking about the 850 million illiterate adults who could not even write, let alone read, the word 'right'? Those were the realities. That was why, when one contemplated the level of manipulation, lies, hollow discourse and hypocrisy; when one considered the attempt to dogmatically imposed patterns and models that claimed to be universal, one realized with deep conviction that the war in which human rights causes were dealt with in the world needed to be salvaged from the selfish interests they were hostage to.
Would the Commission ever be capable of condemning the United States, Mr. Perez Roque asked. Would it dare to approve a resolution condemning the United States for child prostitution and pornography in that country, for widespread violence and the proliferation of firearms, for police brutality and the inequalities of its judicial system, for the unfair and arbitrary application of the death penalty? Also, for its practices of racial, sexual and religious discrimination, for its lack of care for the growing masses of poor and dispossessed people living at the heart of the most opulent society in the history of the world?
Would the Commission be in a position to condemn the United States' Government for the dirty war that it had waged against the people of Cuba for forty years, with the single and self-professed aim of destroying its political, economic and social system? What did the Commission have to say to the 11 million Cubans who were fully aware that more than five years ago, this body had declared that 'food should not be used as a tool for political pressure'? How would the Commission explain to Cuban children, to pregnant women, to the elderly and disabled, that while the United States tried to starve them into surrender, in flagrant violation of their human rights, that country had not been condemned by the Commission. What was more, the United States had set itself up as supreme judge and ruling authority over the conduct of the other countries on the planet.
Once again the United States was attempting to accuse Cuba in the Commission, the Cuban Minister said. What real reason could the Czech Government have for presenting a resolution against Cuba other than to carry out orders from the United States? Cuba, for its part, was proud of the steadfast decision to defend its independence, its dignity and its sovereignty -- and it would never stoop, as others had, to serving an imperial power. The United States blockade and economic war against Cuba -- an attempt to wipe out an entire nation through hunger and disease -- was the most serious violation of the human rights of the Cuban people. And they should cease completely as soon as possible.
DUBEM ONYIA, Minister of State for Foreign Affairs of the Federal Republic of Nigeria, said he was particularly delighted to represent the democratically elected Government of Nigeria, after over a decade and a half of military rule. He had come to testify to the commitment and determination of the Obasanjo administration to uphold, promote and protect human rights. Nigeria noted with appreciation the adoption of resolution 1999/11 of 24 April, 1999 which called on the Office of the High Commissioner to 'respond positively, as a matter of priority, to any request from the Government of Nigeria for technical assistance and advisory services and measures to strengthen national capacity in the field of human rights'.
Nigeria's approach to human rights and fundamental freedoms was born out of both logic and experience. The Government of Nigeria was appalled and worried about the increasing wave of man's inhumanity to humankind in some parts of the world. This inhumanity had no place in an interdependent global village. The challenge was the effective implementation of all existing mechanisms on human rights. The capacity to promote and protect human rights for all required an understanding and cooperation by all stake holders, integrated into the supervisory framework of the United Nations. This required the political will to create an enabling environment. The paradox of the times was that in the midst of globalization and economic prosperity, over 1 billion people lived in abject poverty.
The Nigerian Government had undertaken several steps for the promotion of human rights and the development of the society. Democracy was being consolidated whilst ensuring the independence of the judiciary. The freedom of the press was guaranteed and reform of prisons was under way. Due to Nigeria's past under military dictatorship, there was a need for an investigation of all previous allegations of human rights violations.
The number of democratic countries in the world had increased, but further development was not possible without the substantial reduction of foreign debts. This was not a plea for charity but a matter of social and economic justice for all. The Nigerian Government was facing difficulties due to the illegal transfer of money by the former regime. International help was needed to prevent the country from being robbed in such a way. Nigeria had also undertaken a poverty alleviation initiative, creating new employment opportunities and supplying access to housing and food security. The President's initiative to establish the Niger Delta Development Commission had been approved by the National Assembly. Mr. Onyia concluded by calling for international cooperation not confrontation, encouragement not discouragement, in the effort to promote human rights.
JAIME ARELLANO, Under Secretary of Justice of Chile, said his country had the firm intention of further strengthening its republican and democratic institutions and extending the enjoyment of human rights and fundamental freedoms. In this respect, the Office of the High Commissioner for Human Rights was of special importance to Chile, which affirmed its readiness to collaborate in all its initiatives.
In the field of justice, Chile had been proceeding with the far-reaching reform of its criminal justice system by making the transition from an inquisitorial and secretive regime to one that was adversarial and public. Chile intended to have offenses investigated and sanctioned as speedily and efficiently as possible, while guaranteeing all human rights. Conditions in prisons had been improved, the practice of detaining people on suspicion was being abolished and the offence of torture was being defined in accordance with international obligations. Chile had also supported the establishment of a Permanent International Criminal Court as well as the right to restitution of the victims of human rights violations. This said, Chile defended the prior right of its courts to judge events that had taken place in Chile.
Chile also advocated the rights of women and indigenous populations and denounced intolerance and racial discrimination. On indigenous populations, Chile indicated that a serious dialogue had been initiated with representatives of the indigenous peoples in the country. On the issue of globalization, Chile called for greater attention to be devoted to the social dimension of development.
GUSTAVO GALLON, Special Rapporteur on Rwanda, said that no day passed in Rwanda without the discovery of new common graves where victims of the genocide were buried. Sometimes, one could witness human remains of little children attached to the backs of their mothers. It was a true fact that the population, having lived through the drama of genocide in 1994, remained traumatized by the consequences which had affected its behaviour, its thinking and its actions in the society. The institutions and the authorities of Rwanda should be encouraged to put in place conditions in which the population could look forward to peace, coexistence and reconciliation. To do that, the population, and particularly those who had escaped the genocide, should be convinced that the principal authors of the genocide would not be left unpunished.
The Special Rapporteur recommended that the international community should help Rwanda in its efforts to promote and respect human rights as well as to bring about national conciliation. The Government's efforts were commendable and some of the efforts were already bearing fruits. The Rwadan authorities and donor countries should be congratulated for their determination. Nevertheless, those efforts risked being in vain if the countries of the region did not come forward to resolve the profound crisis among them and the mortal conflict which had affected all their populations.
RUBEN MAYE NSUE MANGUE (Equatorial Guinea) said, in response to the report of the Special Rapporteur, that he was surprised to read that the human rights violations in his country were alleged to be systematic, massive and grave, and that the situation was precarious. The Special Rapporteur's report was very dramatic but not credible for the people of the country. Equatorial Guinea was a country of peace in a region of conflict and the President, as Chairman of the Economic Community of Central Africa States, had organized a summit between Heads of States which led to a mechanism to strengthen regional stability and to resolve conflicts. It was a small country and until oil was discovered in the region, there were little or no resources to implement even a basic plan of government. Now, the country was one of the fastest growing economies in Africa with a per capita income of $1,200.
There were only eighty-five people in jail, and there was no evidence to show that people had suffered from maltreatment or politically-motivated attacks. In fact, 34 religions were practising their beliefs in absolute freedom in Equatorial Guinea. There was freedom of expression as the 12 newspapers and magazines proved, five of which represented the opinion of the opposition parties. Last year, there had been legislative elections. There had been criticism as the so-called international community was not there, however there had been dozens of international observers from the Organization of African Unity, the Organization of Africa Caribbean Pacific and the Organization of Francophonia. These observers had made positive comments on the election process. The Government and political parties were continuing their dialogue and had announced municipal elections two days ago. All political parties would take part and international observers would be invited. There had been attempts to end the commercialization of justice. The civil service, as part of a good governance programme, had prohibited hiring or firing of people on the basis of political opinion or religious beliefs.
There were ethnic minorities in Equatorial Guinea who called for self-determination. The Government had not legalized this group as it was preaching violence and exclusivity. However, the ethnic minority was not being persecuted. There were no laws of discrimination, all ethnic groups were free to practice their beliefs, culture and religion and to participate politically. They were represented in the police, armed forces and held key positions in the Government. The Special Rapporteur had not been persuasive or constructive. The delegation of Equatorial Guinea urged the Commission to see the reality of the country and how the Government was continuing the process of democratisation. Equatorial Guinea also needed help from the international community in terms of technical assistance.
ANTONIO DE ICAZA (Mexico) said his country believed that only with democracy and the rule of law could the challenges of the new century be faced. The division of powers and democracy were a reality in Mexico. Democracy ensured a constant vigilance for respect for human rights. Mexico was introducing changes into its Constitution to ensure the independence of the judiciary. It was also taking measures to eradicate impunity. The Government had also launched a national programme for the promotion of human rights. So far the programme had had very positive results. The ombudsman system had been also strengthened.
The Government of Mexico was committed to human rights and violations were not part of its policy. International cooperation in the field of human rights had helped Mexico to create a culture conducive to the respect for human rights. The Government responded to allegations of human rights violations and launched investigations into them. It was also committed to achieve peace in Chiapas. The elimination of human rights violations could not be achieved overnight, however, as indicated by the High Commissioner for Human Rights. It was important to make progress in the field of human rights within the context of democracy.
JEAN DE DIEU MUCYO (Rwanda) said the Special Rapporteur had visited Rwanda at a time when much work was being done to promote human rights. The Rwandan delegation supported the recommendations made in the report. Human rights had been promoted to a high level and considerable efforts had been made in restoring the rule of law. Rwanda wished to prevent the repetition of the genocide and peaceful coexistence was preconditioned by restoring justice. There could be no impunity for those who had been involved in the tragic past.
One of the problems in bringing those responsible to court was that there were so many guilty people. In normal circumstances, crime was a marginal occurrence. The genocide of 1994 had involved virtually the whole society. The classical approach could therefore not be taken. Rwanda was in the process of finding a solution to this problem through a compromise between traditional and conventional justice. Rwanda supported the statement made by the Belgian Foreign Minister that impunity had to be sought and tirelessly pursued.
Rwanda appealed to the delegations to arrest presumed murders on their territories as they should be tried. The Rwandan delegation agreed with the Special Rapporteur on the state of security in the country. The situation had improved since 1997 and activities of the former Rwandan army and militia had decreased considerably. The Government fully supported the Lusaka agreement. As the Special Rapporteur had said in the report, the reconciliation efforts were genuine and beginning to bear fruit. The nation was determined to continue in its efforts to bring about reconstruction and reconciliation based on the principles of human rights.
HAROLD HONGJU KOH (the United States) said the human rights situation remained worrying in many parts of the world. Iranian elections had demonstrated how much the Iranian people favoured more political and social freedom and greater Government accountability. At the same time, Iran's poor human rights record was troubling, in particular its treatment of religious minorities as Baha'is and Jews. In the former Yugoslavia, the Milosevic regime continued its campaign of terror against its own citizens. The same combination of repression, violence and revenge could be seen in the systematic violations of human rights in Sierra Leone. Similarly, in the Democratic Republic of the Congo, Government and anti-government forces had committed mass killings of civilians, and had carried out arbitrary detentions, torture, beatings and rape. In Afghanistan, the Taliban's repressive treatment of women constituted a clear and systematic violation of their universally-recognized rights. Restrictions on women were also imposed throughout Saudi Arabia.
Burma remained under military rule, with the political restrictions on Nobel laureate Aung San Suu still in place. In Iraq, the regime of Saddam Hussein continued its brutal campaign against the Iraqi people. In Sudan, the Government continued to suppress political dissents, utilizing executions, disappearances, torture, beatings, harassment, arbitrary arrests and other violations, including slavery and aerial bombardment of civilian targets. China continued to fall short of the international norms and standards it had agreed to uphold. In Cuba, the Government of Fidel Castro continued to suppress ruthlessly all forms of political dissent. Russia used indiscriminate force against innocent civilians in Chechnya. Other human rights violations were committed in Belarus, Uzbekistan and Turkmenistan.
Some claimed that the Commission should not focus on country situations. However in some countries, human rights abuses were simply too pervasive to be addressed by thematic resolutions.
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