COMMISSION CONTINUES DEBATE ON VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN ANY PART OF THE WORLD

Commission on Human Rights
AFTERNOON

23 March 2005


Hears Personal Representative of High Commissioner
on Human Rights Situation in Cuba Present her Report


The Commission on Human Rights continued its general debate this afternoon on the question of the violation of human rights and fundamental freedoms in any part of the world, including the question of the human rights in Cyprus.

Christine Chanet, the Personal Representative of the High Commissioner for Human Rights on the situation of human rights in Cuba, presented her report, noting that the effects of the United States embargo imposed on Cuba had worsened in 2004. She underlined as positive the efforts made by the Cuban Government with regard to economic, social and cultural rights. With regard to political and civil rights, 18 persons arrested in 2002 and 2003 and prosecuted for crimes of opinion had been freed. However, 60 persons who were considered arbitrarily detained by the Working Group on Arbitrary Detention were still in prison. Thus, despite the freeing of 18 persons, it did not appear that the situation of civil and political rights in Cuba had undergone any improvement in 2004.

Speaking as a concerned country, the Representative of Cuba said that the Government had cooperated with, and would continue to cooperate with, the thematic procedures of the Commission on Human Rights. Cuba would never, however, accept the spurious mandate of the Personal Representative of the High Commissioner. The report submitted on the human rights situation in Cuba stemmed from a resolution imposed on the Commission as a result of brutal pressure and blackmail exerted against several of its members by the United States and was based on slanders and lies as part of an anti-Cuban campaign.

Speaking at this afternoon's meeting were Representatives of Norway, Kuwait, Venezuela and China.

Additionally, Representatives of the following non-governmental organizations spoke: International League for Human Rights (speaking on behalf of International Helsinki Federation for Human Rights); Dominicans for Justice and Peace (speaking on behalf of Dominican Leadership Conference); Federation of Cuban Women (speaking on behalf of several NGOs1); World Union for Progressive Judaism (speaking on behalf of Simon Wiesenthal Center, Inc).; Association for World Education; Baha’i International Community; International Service for Human Rights; International Federation of Human Rights Leagues; International Commission of Jurists; World Organization against Torture; Franciscans International; Centre on Housing Rights and Evictions; International Federation of Rural Adult Catholic Movements; Europe-Third World Centre; World Federation of Trade Unions; Human Rights Watch; North-South XXI; American Association of Jurists; Jammu and Kashmir Council for Human Rights; South Asia Human Rights Documentation Centre; International League for Human Rights; International NGO Forum on Indonesian Development; Foundation of Japanese Honorary Debts; Young Doctors without Frontiers Tunisia; International Save the Children Alliance; Habitat International Coalition; International Movement against all Forms of Discrimination and Racism; World Peace Council; International Association of Democratic Lawyers; Médecins du monde international; Asian Legal Resource Centre; Canadian Council of Churches Indigenous Peoples' Centre for Documentation; and Research and Information.

Exercising their right of reply this afternoon were Representatives of Latvia, Japan, Cuba, India, Togo, China, Armenia, Cyprus, Turkey, Nepal, Saudi Arabia, Pakistan, Azerbaijan, and the Democratic People's Republic of Korea.

When the Commission reconvenes at 10 a.m. on Thursday, 24 March, it will continue with its general debate on the question of the violation of human rights and fundamental freedoms in any part of the world, including the question of the human rights in Cyprus.

Document on the Question of the Violation of Human Rights and Fundamental Freedoms in Any Part of the World

Under this agenda item, the Commission has before it the report on the situation of human rights in Cuba submitted by the Personal Representative of the High Commissioner for Human Rights, Christine Chanet (E/CN.4/2005/33). The report notes that the difficulties resulting from the embargo have been significantly exacerbated during the reporting period. Nonetheless, the Cuban Government has made some effort, releasing 18 prisoners on humanitarian grounds. However, these releases do not signify the end of the period of repression which began in 2003, nor an improvement of the situation of civil and political rights in Cuba. According to an opinion of the Working Group on Arbitrary Detention, 61 people are still in arbitrary detention in Cuba, the report states. In addition, the Personal Representative considers that the suffering inflicted on the Cuban people as a result of the embargo is compounded by restrictions on the fundamental rights and freedoms of individuals which the Cuban authorities have the power to eliminate. She recommends, among other things, that the Government of Cuba release detained persons who have not committed acts of violence against individuals and property.

Presentation by the Personal Representative of the High Commissioner for Human Rights on the Situation of Human rights in Cuba

CHRISTINE CHANET, Personal Representative of the High Commissioner for Human Rights on the Situation of Human Rights in Cuba, said once more she had tried to contact the Cuban authorities to hold a dialogue with them, and this had not been possible. Due to this, she had taken note of the comments made by the Cuban Government to the Special Rapporteurs of the Commission with which that Government cooperated, as well as of information transmitted by non-governmental organizations and from representatives of the Member States of the Commission who had indicated they wished to meet with her.

The effects of the embargo, which weighed heavily upon the island, had worsened in 2004, as the United States authorities had reinforced them. The positive aspects noted in preceding reports, which were to the credit of the Cuban Government in the efforts made with regard to economic, social and cultural rights, should be once more underlined. With regards to political and civil rights, 18 persons arrested in 2002 and 2003 and prosecuted for crimes of opinion had been freed. However, 60 persons who were considered arbitrarily detained by the Working Group on Arbitrary Detention were still in prison. These people were journalists, members of associations, human rights defenders and members of opposition political parties. New arrests and condemnations, that were less heavy, had taken place in 2004 with regards to people who had openly shown diverging political opinions. These opinions were still not accepted by the Cuban authorities who put pressure on these persons, confiscating the material which could be used to communicate their opinions.

Finally, there was particular concern for the penitentiary conditions that were disastrous and universally denounced. According to various converging sources, people were badly fed and lived in deplorable conditions of hygiene. They were often ill and did not receive care adapted to their condition of health. They were put into total isolation or put into situations of dangerous promiscuity with common law prisoners. They were also sometimes mistreated by their guards. Thus, despite the freeing of 18 persons, it did not appear that the situation of civil and political rights in Cuba had undergone any improvement in 2004. For this reason, it was necessary to renew the recommendations made to the Commission last year.

Statement by Concerned Country

JORGE IVAN MORA GODOY (Cuba), speaking as a concerned country, said that the Government had cooperated with, and would continue to cooperate with, the thematic procedures of the Commission on Human Rights. Cuba would never, however, accept the spurious mandate of the Personal Representative of the High Commissioner. The report submitted on the human rights situation in Cuba stemmed from a resolution imposed on the Commission as a result of brutal pressure and blackmail exerted against several of its members by the United States. It was based on slanders and lies as part of an anti-Cuban campaign.

It was totally immoral to introduce a report at the Commission which was unable to refer to atrocities committed in the international torture center that was the Guantanamo Bay naval base, he added. Cuba had drafted its own report, several parts of which had been distributed today, so that all could know the true situation of human rights in the country, and of the aggression, manipulation, and hostility that the Cuban people had endured for more than 45 years.

Interactive Dialogue

PAUL MEYER (Canada) said that Canada remained concerned about the fact that the Personal Representative had not been permitted to visit Cuba, and asked her how she felt that greater cooperation could be encouraged and facilitated. Cuba had declined to cooperate with the country-specific Personal Representative, but had in the past cooperated with Special Rapporteurs with thematic mandates. Canada also asked what the views of the Personal Representative's were on encouraging greater cooperation with Cuban authorities through thematic Special Rapporteurs.

CHRISTINE CHANET, Personal Representative of the High Commissioner for Human Rights on the Situation of Human Rights in Cuba, in reply to the comments and questions posed during the interactive dialogue, said in as much as the Cuban authorities did not recognize her mandate, it was very difficult to actually carry out the mission whilst remaining objective. The only option was to tap all sources without giving priority to any of them, and use them in the context of the information from United Nations for Special Rapporteurs and other countries that wished to meet her. If a non-governmental organization wished to speak with her, her door was open. She was also an Expert, chairing the United Nations Human Rights Committee, and did not take everything at face value. Everything was cross-referenced, and she tried to formulate her own opinion on the basis of the information available.

General Debate on the Question of the Violation of Human Rights and Fundamental Freedoms in Any Part of the World

WEGGER STROMMEN (Norway) said a clear message was conveyed in many of the reports before the Commission and there was deep concern that human rights were being violated in many different ways and in all parts of the world. The situation in Darfur was still deplorable. The human rights situation in Zimbabwe continued to give reason for concern. There had been important steps towards peace in the Democratic Republic of the Congo, but there was still concern for the humanitarian situation. The human rights situation in the Chechen Republic was also of concern. The human rights situation in Belarus had deteriorated even further. The Government of Myanmar should release all political prisoners. The situation in the Democratic People's Republic of Korea was also a cause of great concern.

Norway valued the opportunity to address human rights issues with China through a bilateral human rights dialogue. Reputedly, negative developments in the human rights situation in Iran after the elections in 2004 gave reason for great concern. There was also concern for the continued lack of civil and political rights in Cuba, and the persecution of peaceful dissidents, writers and journalists.

DHARAR ABDUL-RAZZAK RAZZOOQI (Kuwait) said that the United Nations and the Commission on Human Rights had thoroughly documented the situation of human rights in occupied Kuwait, and in Iraq under Saddam Hussein, in the last 14 years. The reports emanating from that process showed the extensive use of extrajudicial killings, torture and other cruel, inhuman and degrading treatment and punishment. Some Kuwaiti prisoners of war and third-country nationals remained unaccounted for since the time of Kuwait's occupation, while the Iraqi regime had time and again refused to acknowledge that there had been Kuwaiti prisoners of war.

With the cooperation of the multinational forces and the current Iraqi Government, he said, more than 347 human remains had been found in five sites in Iraq and Kuwait; 222 individuals had been identified from those remains, including 197 Kuwaitis and individuals from Saudi Arabia, Oman, Lebanon, Egypt and Iran. The only solace against the Iraqi regime, which had committed grave breaches of international law and international humanitarian law, was that Saddam Hussein and many of his associates had been captured and awaited trial. Kuwait would not rest until all the prisoners of war had been identified. The country also expected Saddam Hussein and his cohorts to be tried as perpetrators of crimes against humanity.

HAIDEE GOMEZ (Venezuela) said item 9 should be dealt with without selectivity and politicization. The experience of Venezuela had shown that human rights respect should be respected through the democratization of the society. The technical assistance provided by the Office of the High Commissioner for Human Rights was essential in the promotion and protection of human rights. Such assistance could prompt the respect and promotion of human rights in a given country, as it did in her country.

SHA ZUKANG (China) said since the end of the Cold War, the Commission had adopted more than 100 country-specific resolutions that were almost all directed against developing counties. The Commission's session seemed to have turned into public trials against developing countries, which had left the impression that only developing countries had human rights problems and developed countries all had a perfect record. But the truth was that no country could claim to have an impeccable human rights record and no country could stay outside the process of international human rights development. The promotion and protection of human rights was the shared objective and responsibility of all countries. Some developed countries, acting like a judge, had imposed verdicts on developing countries as if they were in the dock. That was the root cause of the current credibility problem for the Commission, which had been finding it difficult to regain its vigor and dynamism.

Some countries, assuming the position of mentor, attempted to impose their own political and democratic systems on other countries and promoted so-called democracy in the world in a dictatorial manner. Deliberations under item 9 were also marred by a tendency of "might was right". China was ready to join other members during this year to examine the question of reform in an in-depth manner.

PETER ZALMEYER, of International League for Human Rights speaking on behalf of International Helsinki Federation for Human Rights, said over the past year the Government of Turkmenistan had systematically ignored and violated its obligations under the United Nations treaties which it had ratified. It remained a repressive and closed society. Fundamental freedoms, including those concerning religion, association, expression, and movement were severely restricted if not denied altogether. No independent human rights groups were allowed to function inside the country and many civil society and opposition activists had been forced into exile. The Government severely restricted freedom of speech and of expression. The Commission should adopt a new resolution condemning the ongoing assault on fundamental civil and political rights of the Turkmen population.

PHILIPPE LEBLANC, of Dominicans for Justice and Peace speaking on behalf of Dominican Leadership Conference, said that two years after the armed intervention by coalition forces, the Iraqi people remained the victims of extreme violence, which affected all sectors of the population, and particularly the civilian population, which was the most vulnerable. This insecurity was not only a grave violation of human rights, but also an obstacle to the success of efforts to reconstruct the institutions and economy of the country. Some estimates put the loss of civilian life at more than 100,000. Furthermore, the Iraqi people continued to be regularly deprived of necessities such as gas and electricity, and access to health care and education. At the present stage of the conflict, respect for the fundamental principles of the Geneva Convention and international human rights law, in general, was indispensable to making significant advances. The rule of law must be reestablished and the persistence of impunity redressed. There must also be respect for the cultural and religious diversity of the country.

OLGA SALANUEVA ARANGO, of Federation of Cuban Women, speaking on behalf of several NGOs1, speaking in a joint statement, said Cuban prisoners had been languishing in United States' prisons since 1998. The Cubans in these prisons could not be released. A hundred-year sentence had been given to five Cuban individuals. The United States Government had been terrorizing the Cuban people for the last 46 years. The Government had also been disguising its human rights abuses committed in the Abu Gharaib prison in Iraq.

DAVID LITTMAN, of World Union for Progressive Judaism, speaking on behalf of Simon Wiesenthal Center, Inc., said representatives who wished to understand the true sense of the much-used terms "Occupied Palestinian Territories", "Palestine" and "international legality" should start with the 1922 Palestine League of Nations Mandate. Since Israel's independence in 1948, what had been witnessed was a state of active but suppressed hostility, waged by all the Arab States, by every military, political and economic means available. Israel must be the only State in the world whose people had not known a single day or a single night of peace. There should be an end to this for there to be peace and reconciliation in the Middle East for all.

DAVID LITTMAN, of Association for World Education, said that a number of Middle East peace initiatives had been put forward recently regarding a future Palestinian State and to reach genuine peace with Israel, those included the Road Map and the "Geneva Initiative". However, none of these proposals addressed the issue of regional security, for which reason attention was once more drawn to the Association's peace proposal submitted in 1990 -- the “United States of Abraham”. The new Palestinian leadership under Prime Minister Mahmoud Abbas should break with a sterile past of death, destruction and corruption. A new spirit of mutual acceptance would flourish in the region when human rights and individual security and dignity for all, including safeguards for ethnic and religious minorities, became rooted in international law.

DIANE ALA'I, of Baha’i International Community, said for three years, her organization had been saying that the gross, flagrant, repeated violations of human rights in Iran, including the abuses that target Baha’i community in that country, warranted the reestablishment of a monitoring mechanism. The Commission had not been capable of presenting a resolution on Iran, while the situation there had gradually but steadily deteriorated. The most serious outbreak occurred in Yazd, where several community members were assaulted in their homes and beaten, a Baha’i shop was set on fire and burned, and others were harassed and threatened, following a series of arrests and short-term detentions.

ANDREA GALINDO, of International Service for Human Rights, said the Commission had been diverted from its intended purposes and had been subject to political manipulation by many different States working for their own interests. The Commission should extend its examination of country situations to incorporate all States responsible for grave violations of human rights without discrimination based on economic or military power or political influence. No State, whether a member or observer, should be exempt from scrutiny by the Commission under this agenda item.

MEGAN CARLEY, of International Federation of Human Rights Leagues, said that the Commission’s primary mandate was to protect and promote human rights and required the assessment of human rights in specific countries. Agenda item 9 was necessary to that task, and the members of the Commission were called upon to focus on its protection mandate. Members of the Commission were requested not to table, and not to vote in favour of any non-motion action in the name of democracy and free debate. Human rights violations occurred through the world; among those situations of greatest concern were those in Myanmar, Nepal, China, Iran, Guatemala, Cuba, Russia, Belarus, the Sudan, the United States, Iraq, Côte d’Ivoire, Togo, and the Democratic Republic of the Congo.

NICHOLAS HOWEN, of International Commission of Jurists, said the commitment by Nepal to implement its most fundamental international legal obligations was reaffirmed in the consensus Chairperson's Statement on Nepal adopted last year. Over the past year, the King and his Government had breached most of the commitments made before the Commission. Nepal was in a human rights free-fall. Since 1 February, when the King assumed effective absolute power, Nepal had abandoned the rule of law. The suspension of most rights had added a new layer of human rights violations to the existing patterns of gross and systematic violations committed by both the Government security forces and the Maoist insurgents.

In Zimbabwe, the Government continued to carry out widespread human rights abuses, including torture and attacks on human rights defenders. With regard to the United States, the Commission had failed to confront the assault on the rule of law committed by that State. The practices included the continued indefinite detention, without charge or porter judicial supervision at Guantanamo Bay and other places of detention, and the use of torture and cruel, inhuman and degrading treatment in Iraq and Afghanistan.


ANNE-LAURENCE LACROIX, of World Organization against Torture, said there was concern for the human rights situation in Darfur, and the Commission should strongly condemn the current widespread human rights violations taking place in Sudan, and appoint a Special Rapporteur. The serious deterioration of human rights in Nepal required a strong response from the Commission that went beyond advisory services and technical cooperation in the field of human rights. There was also serious concern for the situation in Colombia. The Commission should also adopt a strong resolution on the situation in Chechnya, condemning ongoing violations of human rights and international humanitarian law by both parties to the conflict.

ALESSANDRA AULA, of Franciscans International, said that during the 38 years of dictatorship of Gnassingbe Eyadema of Togo, grave violations of human rights had continued to occur. The Commission should impose pressure on the authorities to bring those responsible for violations of human rights to justice; to end the threats, intimidation and harassment of journalists, human rights defenders and members of civil society; to guarantee full enjoyment of the rights to free expression and assembly; to begin disarming and dismantling the militias; and to take measures to sanction those members of the security forces that were responsible for human rights violations. The Government of Togo should invited the Working Group on Arbitrary Detention, the Special Rapporteurs on torture and freedom of speech, and the Special Representative of the Secretary-General on human rights defenders to visit the country, and should create an independent human rights mechanism to harmonize national legislation with international legal instruments.

MELINDA CHING SIMON, of Centre on Housing Rights and Evictions, said the Centre was extremely concerned by the increasing use of forced evictions and relocation of people, destruction of home and property and confiscation of land as a tool to punish or subdue communities and populations in situations of conflict. She stressed that those practices were also common in many other countries that were facing internal conflicts or dissidence or were under occupation. Since the beginning of the second Chechen conflict in 1999, hundreds of thousands of Chechens had fled the fighting to neighbouring Ingushetia. Despite repeated claims by the Russian Government that the situation in Chechnya was normalizing, house demolitions, "cleansing" operations and targeted attacks on civilians, continued.

PIERRE MIOT, of International Federation of Rural Adult Catholic Movements, said the liberal policies of the World Bank, the International Monetary Fund and the World Trade Organization were resulting in the disappearance of traditional familial agriculture in all continents to the advantage of big exploitations which were more intensive and industrial. These people found themselves exposed to grave situations of increasing poverty and their fundamental human rights were no longer guaranteed. Globally, everywhere where access to land was unequal, agricultural reform polices were becoming urgent to fight hunger and insecurity. The issue of land was at the heart of the fight against hunger. The Commission should be reminded that agrarian reform went beyond a simple redistribution of lands and the right to use them should be more valued than the right to property.

MALIK OZDEN, of Europe-Third World Centre, expressed concern about those measures, adopted in the context of the fight against terrorism, which endangered human rights and fundamental liberties. For example, after the 11 September 2001 attacks, the United States had adopted the strategy of preventive war, which constituted a serious threat to peace and human rights, and opened the door to all sorts of abuse. The wars launched by the United States under the cover of bringing democracy to the world had been catastrophic, as could be seen in Afghanistan and Iraq, where grave violations of human rights had been witnessed. The imposition of the market economy on the entire world had also turned out to be a disaster for many peoples. Today, the United States had unparalleled military and political strength, but that could not be accepted as justification for measures against liberty and unilateral action, either at home or abroad.

REYMOND MULLER, of World Federation of Trade Unions, said the Government of the United States was doing everything to introduce a resolution against Cuba through manipulation and through selectivity in order to justify its policies of blockading and aggression that it had been exercising for many years against that small country. This year's report of the Personal Representative to the High Commissioner on Cuba had recognized that the restriction imposed by the United States blockade contributed to deprive Cuba of access to vital medicines, new scientific technologies and food, and most particularly chemical products to purify drinking water. Other United Nations agencies had also denounced the disastrous effects of the blockade over the enjoyment of economic, social and cultural rights of Cuban people.

IAN GORVIN, of Human Rights Watch, said the Commission should take action on the situations in Nepal, Sudan and Uzbekistan. The human rights situation in Nepal had deteriorated dramatically since the seizure of power by King Gyanendra on 1 February, and the Commission should call on the Government to immediately restore all fundamental rights. Darfur remained one of the most serious human rights disasters in the world, with possible crimes against humanity taking place. Uzbekistan's appalling human rights record had changed little in 2004, with major violations of the right to freedom of religion, expression, association and assembly. The Commission should adopt a resolution condemning the Uzbek Government’s appalling human rights record.

BASSAM ALKANTAR, of North-South XXI, said that the solidarity and sovereignty of Lebanon was a matter concerning every individual citizen of the country. However, no non-governmental organizations should try to speak on behalf of the Lebanese. The country's independence and sovereignty would come from the withdrawal of the Israeli occupying force and the release of all Lebanese detainees in Israel. Those Lebanese detainees that had been released by Israel had been nearing the end of their sentences. Many were then rearrested. What was needed was to empty Israeli prisons of Lebanese detainees.


JAIME VALDEZ AGUAYO, of American Association of Jurists, said the human rights situation in Equatorial Guinea remained to be of great concern. The economic, social, cultural, civil and political rights of the population also continued to be violated. The dictatorial regime had converted the country into a one-ethnic dominant society by silencing the other groups. There was an absence of the rule of law. The widespread corruption had hampered the full enjoyment of human rights. In Colombia, a number of trade union leaders continued to be assassinated. The Government had taken measures of reprisal against the community of peace that was operating to bring peace in the country.

SYED NAZIR GILANI, of Jammu and Kashmir Council for Human Rights, said a nascent desire to enjoy a full range of fundamental freedoms and human rights was a discipline that brought many people together. Settled communities backed by democratic institutions kept the hope going. Unfortunately there were many communities around the world that had failed to secure for themselves the democratic elected governors who would defend their rights, and one of these groups were the people of Jammu and Kashmir. The Government of India had failed to protect the lives, property and honour of the people of Jammu and Kashmir. It was time for Pakistan to search within its heart, and acknowledge it had turned Kashmir into a graveyard in order to uphold political desires.

DANIELA KAESTNER, of South Asia Human Rights Documentation Centre, said that, even as the royal takeover in Nepal had absorbed world attention, another South Asian authoritarian regime seemed to have fallen off the radar -- like the Maldives. The parliamentary elections in that country had been categorically classified as "not free, unbiased or removed from undue influence" by the country's national Human Rights Commission. Those elections had been held amidst serious irregularities, including government intimidation of voters in remote areas, buying of votes, and threats to withhold reconstruction aid. A crackdown on pro-democracy activists had taken place in August 2004, and formed part of a pattern of human rights violations characterized by arbitrary arrests, illegal detentions, and the lack of due process, police torture, and repression of civil dissent. It was more critical than ever to bring international pressure to bear on the Maldives, and to use unrelenting international scrutiny to ensure that international human rights standards were integrated into constitutional reforms.

LOUISE KANTROW, of International League for Human Rights, requested that the Commission raise its voice to ensure that a just acquittal was handed down on 28 March in the trial of the Director of the Andrei Sakharov Museum in Moscow and others, who faced imprisonment for organizing an exhibition of creative works of art. The trial's outcome would be an important indication as to whether Russia was reverting to the authoritarian practices of Soviet times or progressing on the road to full observance of the rule of law. In Belarus, detention and punitive fines had become a common occurrence for many who were active in civil society. The few remaining independent publications were facing a de facto ban on printing and distribution in Belarus. Non-governmental organizations and political groups were relentlessly persecuted.

MS. SUCIWATI, of International NGO Forum on Indonesian Development, said an Indonesian human rights defender was killed because of his thinking and his work. This case should be seriously and thoroughly investigated and the motive should be revealed. The international community should continuously monitor and pressure the Indonesian Government to reveal the case in an honest and transparent manner. The revelation of the case would determine the future of the democratization process and promotion and protection of human rights.

MS. ADRIAANSEN-SMIT, of Foundation of Japanese Honorary Debts, said her organization represented ex-prisoners of war and victims of the Japanese occupation of the Dutch East Indies during World War II, including the civilian internees and those left outside of camps. During three and one-half years they had suffered in concentration camps, had been forced into slavery, and had been systematically starved. The Japanese occupation had been extremely violent. Tens of thousands of innocent people had died in appalling conditions. Survivors who returned to The Netherlands after the war had literally lost everything. Japan never offered excuses or compensation, despite a 1998 Japanese court ruling that condemned the country for violating the 1907 Hague Convention and declared it liable to pay compensation. Japan had a moral obligation to the individual victims of this brutal occupation. Only an honourable settlement would regain the respect of the Dutch victims, and of the international community.

MOHAMED ELYES BEN MARZOUK, of Young Doctors without Frontiers Tunisia, said several countries had ratified a number international conventions pertaining to human rights and had declared their commitment to respect the mechanisms and disseminate them at the national level so that their respective citizens could invoke them before the judicial bodies and competent institutions dealing with human rights and fundamental freedoms. There was no freedom without law, and democracy had no sense in the absence of laws governing the public. The African continent was often subjected to human rights violations and civil society was now endeavoring to promote human rights. Many considered that Africa was the source of all bad omens: genocide, ethnic conflict, war and other brutal acts. However, the international community should provide assistance to the efforts of African civil societies aiming to promote and protect human rights.

EVA LAFTMAN, of International Save the Children Alliance, said the conflict in Darfur had been underway for two years and the humanitarian crisis there still continued. It was one of the world's worst humanitarian crises. The Commission should urge the international community to make child protection an integral part of the Sudan-wide protection strategy and develop work plans focusing on return populations, host communities and displaced persons. It should also support a systemic and comprehensive monitoring and reporting mechanism; urge the Government of Sudan to act in accordance with the United Nations Rights of the Child Convention; urge the Government to cooperate with the Special Procedures of the Commission; and strongly condemn the killing of and all other forms of violence and harassment committed against humanitarian personnel.

ORNA KOHN, of Habitat International Coalition, said she wished to draw attention to the Israel Lands Administration’s policy of prohibiting Palestinian citizens of Israel from leasing Jewish National Fund lands, which amounted to 13 per cent of "Israel Lands"”. That policy encouraged apartheid-like settlements and segregation along racial or ethnic lines. The Israel Lands Administration controlled more than 93 per cent of the land in Israel. Since 1948, large tracts of Arab-owned land had been confiscated or otherwise appropriated by the State, or by Zionist "national" institutions such as the Jewish National Fund, which enjoyed special status under Israeli law. As a public agency, the Israel Lands Administration should not be permitted to discriminate on the basis of nationality, or to pursue goals that violated the rights to equality and dignity. The Commission should investigate Israel's discriminatory land allocation policies, and reaffirm the principles of non-discrimination.

AYAKO SHIOTA, of International Movement against all Forms of Discrimination and Racism, said the Sri Lankan Government had failed to consult the internally displaced persons, in the rebuilding process in the country. Those returning back home had been chased away and the tents and temporary shelters had been removed by the police and the army. That was a grave violation of human rights and dignity of those persons in all the provinces. The present rebuilding activities of the Sri Lankan Government was exacerbating the ethnic differences. The Movement also expressed deep concern regarding arbitrary arrest and detention of political activists and human rights defenders in Nepal.

ABBAS BUTT, of World Peace Council, said the right to life was a fundamental human right that was protected by many international covenants. Similarly, a right to belong to a minority without any fear of intimidation and persecution was also an important human right, and it was a right, which was violated in various parts of the State of Jammu and Kashmir. Human rights violations, whether carried out by State or non-State actors, should be opposed and stopped. Pakistan should respect the State Subject Declaration and should stop its attempts to change the demography of the area; give autonomy to the area so that its inhabitants could enjoy political and economic rights; and the Pakistani political and religious parties should stop their activities there as they were tearing apart the fabrics of local social and cultural traditions.

DEIRDRE MCDONNELL, of International Association of Democratic Lawyers, said that the international community should accord priority to the search for solution to mass and flagrant human rights violations. In Sri Lanka, the Tamil people's human rights and fundamental freedoms had been violated for more that fifty years. Legislation had denied their rights in the areas of citizenship, language, education, religion, land and other areas. In the 1950s and 1960s, the Tamil people’s non-violent struggle for equality, justice and dignity had been crushed by violent military repression and programmes of genocidal proportions, in which thousands of Tamils had been killed. The persistent attacks on the Tamil community eventually gave way to armed conflict. During 20 years of war, more than 79,000 Tamils had been killed or "disappeared", and 500,000 had sought asylum in Europe and other countries. Rape and murder had been used as weapons of war. Even today, in spite of the Memorandum of Understanding and Ceasefire Agreement concluded between the parties three years ago, normalcy had not returned to the Northeast. The coastal parts of the Northeast had also been the worst affected by the tsunami, which struck on 26 December 2004.

GRACIELA ROBERT, of Médecins du monde international, said in Chechnya, access to medical treatment had been hampered by difficulties in free movement, particularly during the night, and due to the violence perpetrated by the armed forces. Hospitals were often searched in order to identify wounded fighters. Each patient suffering from hand or leg wounds was considered to be a fighter, particular when he or she was young. Young persons who were victims of landmines were subjected to the barbaric acts of the war. Since 1999, 129 landmine fields had been planted in Chechnya. The number of landmines that were at risk of exploding was still high. In Grozny alone, six tons of mines threatened to explode at any time.

MICHAEL ANTHONY, of Asian Legal Resource Centre, said the severity of the human rights crisis in Nepal could not be minimized and required immediate action by the international community, notably the Commission. The Commission, which had come under enormous criticism of late, needed to be credible in its response to the very grave situation in Nepal. At a time when democracy was used to justify intervention in other areas of the world, it was vital that the international community also value democracy in Nepal.

The Representative of Canadian Council of Churches, said that the issue of consequences or punishment for human rights violations could be complicated for churches. Punishment was a multi-faceted practice; it did not always mean retribution, but could also mean halting crimes and making those that stood accused of crimes tell the truth in court. The Canadian Council of Churches advocated for punishment of those who had committed crimes, as well as those who had had the ability to halt the crimes. In January 2005, the Security Council had received the report of the Commission of Inquiry on the situation in Darfur, which had concluded that war crimes and acts of genocide had been committed there, the speaker said. The Commission of Inquiry had recommended the issue’s referral to the International Criminal Court (ICC), but that move had been opposed by China and the United States. The Commission on Human Rights should support the recommendations contained in the report on Darfur, support the return of refugees to their homes, and call on the Security Council to refer the issue to the ICC immediately.

The Representative of Indigenous World Association said two years ago, the United States had invaded Iraq, a country already disarmed, nevertheless struck with full force with the most powerful military force in human history. With the use of what it called "shock and awe", the United States' administration believed it could crush the spirit of independence of the Iraqi people as well as the overwhelming majority of the world's peoples and governments that opposed the invasion, and thereby create a new reality on the ground and then move to neighbouring countries to do the same. However, Iraqi resistance to military occupation along with mass opposition inside and outside United States had prevented the result desired by the United States.

Right of Reply

The Representative of Latvia, speaking in a right of reply, said with regard to the statement made by the Russian Federation, Latvia was pleased to hear the acknowledgement that the concept of national and racial superiority was a scourge in Russia. However, this also existed in Latvia. Extremism of any kind was strongly condemned at the highest level in Latvia, as were people who committed extremist illegal acts. The Russian delegation had misled the Commission as to the situation of ethnic minorities in Latvia. They had disregarded the existence of other ethnicities in Latvia other than Russians, labeling them also as Russians. All of the ethnicities enjoyed full human rights, including those brought to the country during the illegal occupation by Russia, integrating them into society, providing them with education and training, guaranteed full social benefits to all inhabitants whatsoever their legal status. Many of the neighbouring countries were assisting in this respect, but Russia was an exception. Russia should try to overcome the legacy of the Molotov Pact of 1939.

The Representative of Japan, speaking in exercise of the right of reply in response to the Democratic People's Republic of Korea, said that, contrary to the Democratic People's Republic of Korea’s assertion that nothing remained to be done on the abduction issue, no satisfactory guarantees on the safety of abductees, other than the five returned to Japan, had been received. Japan did not consider the issue resolved. The Democratic People's Republic of Korea should return the other abductees to Japan.

With regard to the past issues raised, Japan had already expressed its position here, and he would not repeat it.

The Representative of Cuba, exercising a right of reply in reference to the statement made by Norway, said the speaker did not realize that times had changed. The Norwegian delegation should have told the Commission what was going on in his own country: the discrimination perpetrated against migrants and the forced sterilization campaign against the Sami indigenous people. Moreover, the delegation from Norway would dare not mention what was going in the Iraqi prisons by the United States.

The Representative of India, speaking in a right of reply, said the delegation of Pakistan had spoken twice of engagement with India. It was being unduly modest. India was proposing marriage, but Pakistan had to make up its mind. Pakistan had to give to its own citizens the rights it was advocating today, whilst it nurtured cross-border terrorism and fundamentalism. Its case would not exist if it had abided to all United Nations resolutions. The unity and territorial integrity of India was inviolable and its democracy, founded on multiculturalism, plurality and tolerance would endure, and it was only hoped that this would one day be the case with Pakistan.

The Representative of Togo, speaking in exercise of the right of reply, said that Franciscans International must have unadvised intentions to be a political party in Togo. In 2003, that group had taken an unhealthy pleasure in publishing the full contents of a false report on the human rights situation in Togo. The same non-governmental organization had also associated itself with other organizations to portray Togo as deliberately darkened in terms of human rights. It was now attacking Togo without any proof of the allegations it leveled. Did it take pleasure in disseminating unfounded allegations, or were others manipulating it? In Togo, the exercise of freedom of expression and information required both rights and duties. Moreover, the press code was a model legal framework for Africa. At the present crucial juncture, Togo needed the assistance of all potential stakeholders in the protection and promotion of human rights. The country was, however, looking for partnership that banned abuse and slander. Sub-regional and regional organizations were helping the country prepare for forthcoming presidential elections.

The Representative of China, speaking in exercise of the right of reply and referring to the statements made by the representatives of European Union, Norway and New Zealand, said the Chinese Constitution guaranteed the right to freedom of opinion and citizens could lodge complaints against the authorities in the events that their rights were restricted. With regard to the Koreans who crossed the border illegally into China, they could not enjoy the status of refugees because of their acts of illegality. Concerning the statement by the representative of Norway, it was better that he turned his face back to the human rights violations against the indigenous people in his own country.

The Representative of Armenia, speaking in a right of reply, said the entire membership of the Organization of the Islamic Conference (OIC) had fallen hostage to one member who had sought to vilify Armenia today. The OIC targeting was narrow, and it was hoped that they were not targeting Armenian Christians. The conflict in Nagorny-Karabakh had nothing to do with religion, but had to do with physical security. It was a wonder why the OIC had not bothered to speak out during the late 1980s and early 1990s when Armenians were subjected to ethnic cleansing and killings in Azerbaijan. The OIC should have spoken out about the blockade that Armenia was the subject of. Where would the OIC stand were it asked to replace its rhetoric by threats, Armenia wondered. The OIC should have familiarized itself with the report on settlements, and it would have realized that its argument collapsed. Had there ever been a Christian party in this room, and had Armenia joined it, it would have discouraged any abuse of it similar to this targeting.


The Representative of Cyprus, speaking in exercise of the right of reply in response to the statement by Turkey, said that a clear and overwhelming majority of Greek Cypriots had rejected the Annan Plan for reasons explained in earlier statements. That non-acceptance did not constitute a rejection of a solution to the Cyprus problem, but of the specific version of the Plan that had been put before them during the referendum. As for the policy of economic isolation, he said the Government of Cyprus had amply demonstrated its goodwill in giving them the opportunity to benefit as much as possible from cooperation with the European Union. To treat the occupied region as a separate third party violated international law. To lend any legitimacy to the illegal separatist entity was not only illegal, but also counterproductive to the island’s reunification. The Government of Cyprus would continue to promote sound proposals for the reunification of the island. He also drew attention to the letter submitted to the General Assembly and Security Council on this issue last Spring, and to the recent statement of Cyprus' Foreign Minister during the high-level segment of the Commission’s general debate.

The Representative of Turkey, speaking in a right of reply, said the Greek Cypriot Representative once again had politicized the forum by making baseless accusations pertaining to issues which would have been resolved within the context of an overall settlement had its not been for the Greek Cypriot refusal to compromise on the basis of the plan submitted by the United Nations Secretary–General’s conclusion in his report of 28 May 2004. The Representative, while trying to mislead the Commission by arguing that the Greek Cypriot vote was an exercise of a democratic right, ignored the strong anti-unification campaign orchestrated by his administration.

The Representative of Nepal, speaking in a right of reply, said in response to the many issues regarding Nepal raised by many delegates, the right to life, security and peace was a fundamental right. It was the duty of the nation to ensure this for its people. It was in response to growing destabilization brought about by the insurrection that the country had to take drastic steps to stabilize the situation. These, including the State of Emergency, had taken place only after every effort had been made to bring the Maoists to the table, which they had refused to do. It would be of a temporary nature, and had already been significantly relaxed. The words of the non-governmental organizations regarding, for example, disappearances, were exaggerations. The Constitution had not been suspended. The people had continuously enjoyed non-derogable rights, and much had been done to ensure them. Some rights had been suspended for a temporary period, but they would be restored as soon as possible. There were no cases of impunity, as Nepal worked under the rule of law. There was a need to avoid being sensationalist when speaking of Nepal and about promoting human rights there, as there was no need to promote these, as the situation was satisfactory.

The Representative of Saudi Arabia, speaking in exercise of the right of reply in response to the European Union, said the Union's statement had not reflected his country’s achievements in the field of human rights. The Union had been imprecise. If it had pursued closer follow-up to events, and particularly to the statements made in the high-level segment, the Union would have noticed increased protection and promotion of human rights. Saudi Arabia had undergone reform and modernization in various sectors, and the impetus for that reform came from the society. It had not been imposed. Moreover, a forum for dialogue with all sectors of society had been established. There had also been serious steps taken to increase women's involvement. As had been noted, women would participate in future elections in Saudi Arabia, in keeping with the values and principles of Saudi society. Finally, on the issue that the right to defend oneself was not adequately afforded, he noted that there had been reform in the judiciary. Overall, he noted that there was no perfect society, and that Saudi Arabia welcomed constructive criticism. However, it should not be based on baseless allegations, but should be sincere and non-selective.

The Representative of Pakistan, speaking in exercise of right of reply in reference to the statement made by the Representative of India, said the Indian delegation had brought false arguments with regard to Kashmir in order to justify and maintain his country's occupation. India was the occupying power of Kashmir. India had qualified the fighters as terrorists instead of resistance forces. The number of causalities had been recorded for many years, with many dead and wounded. The presence of a 700,000- strong Indian army in Kashmir could not be justifying other than occupation. Self-determination should be the essence of democracy to Kashmir. India should remove all restrictions imposed on Kashmiri politicians.

The Representative of Azerbaijan, speaking in a right of reply in response to the Representative of Armenia, thanked the Organization of the Islamic Conference (OIC) for its principled expression of support for Azerbaijan. It was important that the Commission be informed of the resolution of the OIC and Azerbaijan for a peaceful resolution of the conflict. Armenia had again tried to mislead the Commission with its statement. The mission of the Organization for Security and Cooperation in Europe on the acts of settlement of ethnic Armenians in Nagorny-Karabakh had found that the occupied territories of Azerbaijan were being settled in gross violation of international law. Special concern was due to the fact that the mission found these settlements were organized in nature. The international community should be worried by this and prevent further occupation of the territories by Armenians, and Armenia should be forced to stop this illegal practice and come to the negotiating table. This obstacle to the peace process should be eliminated. The international community should be aware of Armenia’s attempts to portray itself as a victim.

The Representative of Democratic People's Republic of Korea, speaking in exercise of the right of reply in response to Japan, said his delegation had once again been compelled to reject the claim made by Japan. Other delegations had also expressed concerns over the Japanese failure to face up to their past crimes. Japanese finger-pointing at other countries could only be construed as nothing but an attempt to divert attention away from its own crimes. Those crimes were not comparable to a handful of abducted Japanese. However, the Democratic People's Republic of Korea had worked with Japan to resolve the case completely. The Japanese always had the option to apologize sincerely and to make redress for their crimes. Japan should face up to those crimes, particularly against other countries of Asia.

CORRIGENDUM

In press release HR/CN/05/17 of 22 March, the statement by the Representative of Serbia and Montenegro, speaking as a concerned country in response to the statement by the Special Representative of the Secretary-General for Kosovo on page 4, should read as follows:



DEJAN SAHOVIC (Serbia and Montenegro), responding as a concerned country to Mr. Jessen-Petersen's statement, said the statement had been listened to with great attention, and Mr. Jessen-Petersen’s appearance was a welcome development. Serbia would continue to be interested in the human rights standards and their implementation in Kosovo. The human rights situation of the non-Albanian minorities, including the Serbian minority, was of extreme importance, as it remained extremely precarious, and had been so ever since Serbia had lost control of the territory. This would however be discussed more in detail later in the session.

The situation in Kosovo with regard to human rights was changing slowly, and not always for the better, according to the report of the Kosovo Ombudsman. The living conditions for the Serbian, Roma, Ashkali, Egyptian, Bosniak and Gorani communities were very difficult. Human rights problems and issues were of particular importance in this respect. With this in mind, Serbia and Montenegro requested last July, during the discussion of its initial report on the implementation of the International Covenant on Civil and Political Rights in the Human Rights Committee, that UNMIK also report to the Committee on the issue. As a State party to the Covenant, Serbia could not do so since UNMIK was exercising authority in this province. Serbia and Montenegro believed that UNMIK's responsibilities included also accountability for the implementation of the Covenant and other international human rights instruments. The Human Rights Committee had shared this view and had encouraged UNMIK to prepare a report, which Serbia and Montenegro was still awaiting. The human rights situation of all inhabitants of Kosovo was very difficult. The Special Representative of the Secretary-General and the High Commissioner should join forces in order to promote in a much stronger and consistent manner human rights in Kosovo.

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1Joint statement on behalf of: Federation of Cuban Women; National Union of Jurists of Cuba; Movimiento Cubano por la Paz y la Soberanía de los Pueblos; Centro de Estudios Sobre la Juventud; Federación Mundial de la Juventud Democrática and Sociedad Cultural José Martí.

For use of the information media; not an official record