COMMISSION CONTINUES GENERAL DEBATE ON PROMOTION AND PROTECTION OF HUMAN RIGHTS

Commission on Human Rights
MORNING 18 April 2005


Hears Report of Independent Expert on Human Rights Situation in Burundi


The Commission on Human Rights this morning continued its general debate on the promotion and protection of human rights, hearing from a series of non-governmental organizations which called for ending the persecution of human rights defenders and abolishing the death penalty around the world.

Under its agenda item on advisory services and technical cooperation in the field of human rights, the Commission heard from Akich Okola, the Independent Expert on the situation of human rights in Burundi, who said that as a whole, the security and human rights situation in Burundi had improved. The FNL, the only armed group that had not joined the negotiation process, seemed to be ready to engage in negotiations with the Government and had declared a cease-fire last week.

Speaking as the concerned country, Burundi noted that the Government had received a communiqué from the Palipehutu FNL in which that group had declared its readiness to lay down its arms, and to begin negotiations with the Government to end ten years of conflict. The Government hoped that this would open an effective path to sustainable peace, and that the Government of Tanzania, in the context of the regional peace initiative, would seize upon this chance to analyze the position taken by Palipehutu FNL, and to open negotiations without disrupting the electoral calendar.

Continuing the general debate on the promotion and protection of human rights, the Commission heard a series of non-governmental organizations stress the need for an end to all persecution of human rights defenders everywhere and called on States to take all measures to protect them. Some non-governmental organizations citied cases in which human rights defenders were arrested, detained and even killed due to their activities. Several speakers called on the Commission to support a draft resolution to create a Special Rapporteur on the promotion and protection of human rights while countering terrorism.

Another issue raised was the abolition of the death penalty. The Commission was called upon to urge States to take the necessary measures to pass from a period of moratorium to the abolition of the death penalty.

Speaking under the general debate were Representatives of the United States, Liechtenstein, Cameroon and Zambia.

Also speaking were Representatives of the following non-governmental organizations: New Humanity (in a joint statement with International Organization for the Development of Freedom of Education - OIDEL); World Organization against Torture (in a joint statement with International Federation of Human Rights Leagues; Dominicans for Justice and Peace (in a joint statement with several NGOs1); Fraternite Notre Dame; Soka Gakkai International (in a joint statement with several NGOs2); International League for Human Rights (in a joint statement with International Helsinki Federation for Human Rights; International Service for Human Rights (in a joint statement with several NGOs3); International League for the Rights and Liberation of peoples (in a joint statement with several NGOs4); International Association of Democratic Lawyers (in a joint statement with several NGOs5); International Humanist and Ethical Union (in a joint statement with Association for World Education and Association of World Citizens); Canadian HIV/Aids Legal Network; Amnesty International; International Service for Human Rights; International Commission of Jurists; Human Rights Watch; Colombian Commission of Jurists; Transnational Radical Party; South Asia Human Rights Documentation Centre; Centre on Housing Rights and Evictions; Earthjustice; International Movement for Fraternal Union among Races and Peoples.

Also, Centrist Democratic International; International Fellowship of Reconciliation; Unesco Centre Basque Country; Rural Reconstruction Nepal; Marangopoulos Foundation for Human Rights; North-South XXI; Human Rights Council of Australia; International Movement of Apostolate in the Independent Social Milieus; France Libertes – Fondation Danielle Mitterrand; International Union of Socialist Youth (in a joint statement with World Federation of Democratic Youth); International Youth and Student Movement for the United Nations; Federacion de Asociaciones de Defensa y Promocion de los Derechos Humanos (in a joint statement with World Federation of United Nations Associations); Interfaith International; People's Decade of Human Rights Education; International Institute of Humanitarian Law; and National Association of Criminal Defense Lawyers.

When the Commission meets at 3 p.m. this afternoon, it will conclude its general debate on the promotion and protection of human rights, and start its consideration of the effective functioning of human rights mechanisms.

Document Under Agenda Item on Advisory Services and Technical Cooperation in the Field of Human Rights

Under this agenda item, the Commission has before it the report on the human rights situation in Burundi submitted by the Independent Expert Akich Okola, (E/CN.4/2005/118). In addressing the political and security situation in Burundi, the Independent Expert's main focus is on the latest developments in the peace process and the volatile situation at the end of the transition period on 30 October 2004, which had a negative impact on the overall human rights situation. The report also deals with the situation of civil and political rights in Burundi and the violation of rights such as the right to life, liberty, security and inviolability of the person, freedom of movement and people's freedom to choose their residence, the rights to freedom of opinion, expression and peaceful assembly, and the rights of women and children. The Independent Expert then analyses the situation with regard to economic, social and cultural rights, especially the right to health and education, and addresses the situation in the judicial and penitentiary sectors and strengthening of the rule of law. Among other things, the Independent Expert addresses an urgent appeal to all the belligerents, in particular in the province of Bujumbura Rural, to respect the rights of the civilian population, especially the right to life, security and inviolability of the person, as well as to discontinue all hostilities.

Presentation by the Independent Expert on the Situation of Human Rights in Burundi

AKICH OKOLA, Independent Expert on the situation of human rights in Burundi, said his first mission had taken place from 4 to 13 October 2004, and the present report covered the period from 1 October to 31 December 2004, and was an account of his observations and recommendations with regard to the human rights situation in Burundi. The first mission took place at a crucial period for the Burundi peace process, just a few weeks before the end of the 36-month transition period. He had held more than 50 meetings with State authorities, and had held other meetings with officials from all political parties and several national institutions, national and international non-governmental organizations, diplomatic missions, United Nations agencies and international organizations. He had also visited a camp for internally displaced people.

Based on the information gathered, the report addressed the political and security situation in Burundi with the main focus being on the developments in the peace process and the volatile situation at the end of the transition period. It then related to the situation of civil and political rights in Burundi and violations of those rights. He had conducted a second mission from 22 February to 5 March 2005, and had observed a referendum on the new Constitution during that period; he had also held renewed meetings with State authorities, officials from political parties and several national institutions, as well as others. As a whole, the security and human rights situation had improved. FNL, the only armed group which had not joined the negotiation process, seemed to be ready to engage in negotiations with the Government and had declared a cease-fire last week.

The referendum on the new Constitution could be considered as a success. There was also significant progress in the legislative process and a Truth Reconciliation Commission had been set up. The human rights situation was characterised by a lack of development, increased poverty and growing criminality. Human rights violations were still numerous, particularly with regard to the right to life, and most of these violations remained unpunished, which created a climate conducive to more abuses, in particular regarding sexual violence and street justice. The sub-regional context remained explosive. All the belligerents were urged to respect the rights of the civilian population, and he had encouraged the Burundian authorities to press ahead with the establishment of the institutions provided for by the Arusha Agreement, especially those relating to human rights. The international community should release the funds pledged at the Paris, Geneva and Brussels conferences, and support the efforts of the Government to encourage respect for and promotion of human rights and to secure a lasting peace.

Response by Concerned Country

ZACHARIE GAHUTU (Burundi), speaking as the concerned country, noted that the Government had received a communiqué from the Palipehutu FNL in which that group had declared its readiness to lay down their arms, and to begin negotiations with the Government to end ten years of conflict. The Government hoped that this would open an effective path to sustainable peace, and that the Government of Tanzania, in the context of the regional peace initiative, would seize upon this chance to analyze the position taken by Palipehutu FNL, and to open negotiations without disrupting the electoral calendar. The Government wished to thank the regional initiative, and the international community, for their tireless efforts to re-establish peace and democratic institutions in the country.

The Independent Expert had visited Burundi during a period of intense political activity related to negotiations on the draft Constitution, he noted, as well as of horrible atrocities, characterized by the massacre of refugees at Gatumba, and of preparation for the international conference on peace, security and stability in the Great Lakes region, held in Dar es-Salaam, Tanzania, from 19 to 20 November 2004. While the Independent Expert had faithfully described the human rights situations in the country, Burundi wished to provide clarifications in response to some of the statements and allegations made by him. The Independent Expert had characterized the sub-regional situation as "extremely explosive", which alluded to the situation of the survivors of the Gatumba massacre, who had not been allowed to return to the Democratic Republic of the Congo. The Congolese and Burundian authorities were working together to secure their common borders, but that task was not easy given the presence of negative forces in the region.

Investigations had been instituted following the massacre, he added, and it was unfortunate that the joint report of the United Nations' missions in Burundi and Democratic Republic of the Congo had not yet reached any definitive conclusions. The Government of Burundi had already submitted its observations and preliminary comments on that report to the Security Council. Meanwhile, regarding the electoral calendar, he stressed that the Government remained committed to holding good elections, while preserving national cohesion. The international community should support the holding of elections in the country, including by upholding the commitments made at the Brussels Forum for Burundi's development partners.

General Debate on the Promotion and Protection of Human Rights

LEONARD LEO (United States) said freedom and personal responsibility were the hallmarks of a people who were endowed with individual dignity and worth, and they were the bedrock principles for the promotion and lasting protection of human rights. But freedom and personal responsibility could not thrive without strong and transparent democratic governments. The was because democracies that were true to their purposes placed a unique premium on the rule of law by allowing domestic legal institutions that protected human rights to flourish. The United States was committed to advancing democracy, and, in turn, tangible promotion of human rights, by helping build and preserve such legal institutions. Among other things, the United States had committed over $600 million in humanitarian assistance to Darfur and nearly $100 million in support to the African Union Mission. It had pledged an additional $853 million at the Oslo Donor's Conference, had helped broker the 8 April ceasefire, and had sponsored recently passed Security Council resolutions on peacekeeping and sanctions. It was time for the Government of Khartoum to take seriously its duty to deter violence.

Countering terrorism was an effort to end impunity just as much as the efforts to build capacity in domestic legal systems around the world. Unfortunately, some today did not share a commitment to human rights, and had no respect for the rule of law or the democratic institutions that made it possible. They sought despotism and the enslavement of the human spirit through a reign of terror that perpetuated fear and misery. Those terrorists were intent on tearing down the domestic legal institutions that protected human rights. The United States remained committed to the view that lasting protection of human rights demanded unrelenting and effective counter-terrorism strategies, and those who rejected the laws of war and terrorized citizens would be dealt with in accordance with international obligations. He urged all members of the Commission to join the United States in defending human rights by advancing the rule of law and security, and the United States stood ready to work with other nations on that important effort.

ANDREA HOCH (Liechtenstein) said the fight against impunity was a crucial element in efforts to effectively promote and protect human rights. At the same time, this was one of the most dynamic areas of the multilateral system today, where dialogue, exchange of ideas and the further development of concepts could have a real impact on the lives of people everywhere in the world. International and national efforts to combat impunity had redoubled in recent years, and the capacity to provide accountability for past crimes had grown considerably. Recent events underlined that the international community was no longer willing to accept impunity for massive or systematic violations of human rights, neither in times of ongoing conflict nor as a prize for peace. It was deplorable, however, that the Security Council was not yet able to acknowledge that the fight against impunity was also a fight against immunity.

Reconciliation was a far more complex undertaking than the delivery of individual justice, and much deeper linked to the very specific circumstances of the conflict situation as well as to the political, cultural, social and ethnical structure of the societies involved. Thus there could be no panaceas, but only general principles, and without the effective participation of all relevant groups, including victims and civil society, success would be elusive. The international community bore a particular responsibility in situations where a State found itself not unwilling but unable to provide the necessary actions to fight impunity, in particular in the aftermath of conflict.

ODETTE MELONO (Cameroon) noted that the 1993 Vienna Declaration and Plan of Action required States to ensure that education strengthened respect for human rights and fundamental freedoms. Human rights education was the principal agent by which to build a culture of peace and tolerance; it was an effective tool in the fight against racism, discrimination, intolerance and xenophobia. Having recognized the importance of building a society based on the rule of law and respect for human rights, Cameroon had integrated human rights education throughout the academic system, including in its military and police academies. Awareness raising by the media had rooted the culture of peace and democracy in Cameroon's multi-ethnic, multi-lingual and multi-confessional state.

The States of Central Africa had reaffirmed their commitment to conflict prevention and the promotion of peace and democracy through human rights education, she noted, and had established the United Nations Sub-regional Centre for Human Rights and Democracy in Central Africa. The international community should increase its support for the strengthening of the Centre, including by providing increased extra-budgetary resources. For its part, Cameroon had dedicated $10,000 to support the Centre's activities.

LOVE MTESA (Zambia), referring to the report of the Special Representative of the Secretary-General on human rights defenders, said the alleged kidnapping of Mr. Clarke's daughter had been clarified after investigation and she was not kidnapped. The daughter was unfortunately a victim of an armed robbery, which coincidentally happened during the period when her father was arrested. He was surprised that the Special Representative expressed concern at the security of journalists in his country. Zambia was one county in Africa where the freedom of the press was guaranteed, not only by the Constitution, but the journalists themselves ensured that they exercised that right.

Zambia was also cited in the report of the Secretary-General with regard to the death penalty, as one of the countries which were heading towards its abolition. He confirmed that there had been a moratorium on the death penalty in the country since 1997 and that it would continue because the President of Zambia was strongly opposed to the death penalty. The moratorium applied to the whole country. Zambia was a unitary State and therefore the law did not discriminate against any province.

EMILE BUTOYI, of New Humanity, in a joint statement with International Organization for the Development of Freedom of Education - OIDEL, said the final report of the Special Rapporteur on terrorism and human rights was welcomed, as terrorism was an affront to human dignity and negated the fact that all human beings belonged to a single family. Some measures to combat terrorism jeopardised human rights and fundamental freedoms. Societies under the rule of law should not stoop to combat evil with evil. The Commission should reflect on the causes of terrorism and educate young people on how to prevent terrorism. The strategy of death and hate propagated by terrorists should be replaced by a strategy of fraternity.

DELPHINE RECULEAU, of World Organization against Torture, in a joint statement with International Federation of Human Rights Leagues, said the worldwide situation of human rights defenders had deteriorated. In all regions, human rights defenders continued to pay a high price for their commitment to the defense of universal rights. In 2004, the Americas remained the most dangerous region for human rights defenders. The number of assassinations and death threats was highest there, and the intensified criminalization of social protest had targeted defenders of economic, social and cultural rights in particular. Asia recorded a high level of arbitrary detentions, and a significant number of human rights defenders had been assassinated in 2004. In Africa, human rights defenders continued to be subject to threats, defamation, intimidation and other methods of repression. The adoption of restrictive pieces of legislation had also become more systematic as part of methods to neutralize civil society. In Europe and the Commonwealth of Independent States, the level of violence and impunity against human rights defenders also remained very high, while the crackdown against independent non-governmental organizations hindered human rights defenders' freedoms. And in the Maghreb and Middle East, the right to create associations and to receive foreign funding were almost systematically prohibited, while the freedom of expression continued to be violated and many had been detained arbitrarily for defending human rights.

PHILIPPE LEBLANC, of Dominicans for Justice and Peace, in a joint statement with several NGOs1, in a joint statement, said their long-standing position against the death penalty was grounded in the respect for all human life, the opposition to violence in the society and the injustice of the death penalty. The death penalty was seen as a perpetuating cycle of violence and promoting a sense of vengeance in the culture. To continue to enact the death penalty was to teach that violence and killing were acceptable ways of dealing with violence and killing. Restoration of society and the healing of victims, as well as reform and rehabilitation of the offenders, should be the goals of a criminal justice system. On that basis, a number of Dominican and other congregations in the United States had adopted a corporate stance advocating the abolition of the death penalty. In calling for the abolition of the death penalty worldwide, studies had shown its unjust and unequal application. It had been shown that in countries where the death penalty continued to be enacted, it was more likely to be applied in a racist manner, more likely to be applied to minorities and the under classes in general. Poor people, people with disabilities and young people were more often subjected to capital punishment.

MARIE SABINE LEGRAND, of Fraternite Notre Dame, said this was a period of progress in different spheres, but this progress was not always peaceful. The planet had become one of information and disinformation, with technology undermining human nature, whereas it should be helping to achieve a better world. Access to information was not equally distributed in different countries. In rich countries, children were exposed from their cradles to audio-visual media, and the dangers of over-information and disinformation were very serious, with sights that were detrimental to the moral growth of children. These children without childhood were spoilt delinquents, illiterate, the victims of a decadent society with no natural morality and discipline. Increasingly, there was a failure to extend one's hand to one's neighbours. Education without morality was harmful.

KAZUNARI FUJII, of Soka Gakkai International, in a joint statement with several NGOs2, delivering a joint statement on behalf of thirteen other non-governmental organizations, welcomed the establishment of the World Programme for Human Rights Education, which had been structured in consecutive phases with a specific sectoral focus for each phase in order to promote the implementation of human rights education in more practical matters. However, the World Programme did not prohibit efforts to promote human rights education in other sectors, and existing programmes must certainly continue. The first phase, which would focus on human rights education in primary and secondary schools, should identify and apply innovative methodologies to promote respect for human rights in the teaching environment itself, in addition to transmitting knowledge-based content on human rights. The first phase was not just aimed at education for children, but also at human rights learning and training for teachers and all other personnel in the education sector, including parent associations. To cope with the extra burden of work that would be placed upon teachers, human rights education should be integrated with citizenship education. However, this integrated human rights and citizenship education should not be used to marginalize certain groups such as foreigners or migrant workers. He also suggested that the title of sub-item 17 (c) be changed from "information and education" to "human rights education and public information".

ALEXEY KOROTAEV, of International League for Human Rights, in a joint statement with International Helsinki Federation for Human Rights, said he was concerned about the serious obstacles that human rights defenders faced in Belarus, the Russian Federation and Uzbekistan. In Belarus human rights activities were regularly subjected to harassment and intimidation. Several legal cases had been initiated against members of the Belarusian Helsinki Committee on politically motivated grounds. In Uzbekistan, members of the Human Rights Society of Uzbekistan had been repeatedly harassed because of their human rights activity. In the Russian Federation, human rights defenders had been subjected to increasing pressure after President Putin's annual address to parliament in May 2004, in which he stated that many non-governmental organizations did not truly defend the rights of the Russian population but instead sought grants from the foreign foundations or served private vested interests.

EMMA SYDENHAM, of International Service for Human Rights, in a joint statement with several NGOs3, said that women who advocated for human rights took tremendous risks in challenging the status quo to defend their own and others' rights. They received little recognition for their role, and were often denied credibility and legitimacy in their work. Women human rights defenders confronted gross and frequent human rights violations on multiple grounds, including shared risks confronted by all human rights defenders, gender-specific risks and vulnerabilities, and risks arising from working on specific rights or issues such as reproductive and sexual rights. While State authorities and State-sponsored groups remained the principle perpetrators of abuse, non-State actors also committed violations. Women human rights defenders were exposed to and targeted for physical, moral and sexual violence by all parties during and in the post-conflict period. The prevalent political use of religion and culture by both States and fundamentalist and other groups had resulted in the oppression of women's sexuality. The international community should no longer tolerate the misuse of culture and religion as a means of derogation from fundamental human rights. Alarmed by their situation, a coalition of non-governmental organizations had launched the Campaign on Women Human Rights Defenders, which sought to give international visibility to their concerns, to work for accountability for violence against women, and to call attention to the situation of lesbians, gays, transsexuals and bisexuals. An international consultation would be held in November 2005.

JOHANN DE FLORENCE, of International League for the Rights and Liberation of peoples, in a joint statement with several NGOs4, said it was widely recognised that the promotion and protection of human rights was one of the jobs done by the United Nations in the world, but the free access of delegates of non-governmental organizations (NGOs) to the work of the bodies who worked on it appeared to be under threat. Some had been prevented from access to the Office of the United Nations in Geneva due to an international arrest warrant (red alert) issued by INTERPOL. The legal system of each country had to study in detail the red alerts issued and decide whether to arrest the person or not. The red alerts issued by Tehran had not been taken action on by several Governments. The NGO community was concerned that the United Nations was using these red alerts to determine access to the United Nations for NGO representatives.

RAYMOND MERAT, of International Association of Democratic Lawyers, in a joint statement with several NGOs5, in a joint statement, said the Commission should take a clear stand on the serious and indisputable violations of international law on the issue of several hundred prisoners held for some years in Guantanamo. The fact that the war in Afghanistan was led by an international coalition, with the Security Council's approval, was not disputed. The prisoners were apprehended during the conflict, flown thousands of miles away, to be detained and imprisoned in Guantanamo. International opinion had been moved, and rightly so, by that fact which constituted an indisputable violation of international law relative to prisoners of war. Those responsible for the transportation of prisoners to a foreign land had replied, surprisingly, that those were not prisoners of war. Public opinion, disconcerted by that statement, then asked that the crimes imputed should be clearly announced and followed up, according to the laws of the countries detaining them, giving them the right to know the facts, to dispose of legal assistance. The Commission could not finish without bringing to light that serious violation of international law.

ROY BROWN, of International Humanist and Ethical Union, in a joint statement with Association for World Education and Association of World Citizens, said the Commission should be aware of two major obstacles to the full implementation of economic, social and cultural rights and civil and political rights that existed even in many western democracies: the first was an undue concern for multiculturalism amounting to moral relativism; the second was the duty of the Commission, the conscience of the world, to expose and condemn the abuse of human rights even when it was sanctified by religious belief or custom. Undue concern for religious or cultural differences, or fear of being Islamophobic, should not be permitted to stand in the way of the universal application of human rights.

JOHN FISHER, of Canadian HIV/Aids Legal Network, said he wished to acknowledge those not present, those who had been silenced forever by human rights violations that the Commission had been content to ignore. This year alone, eight of the special procedures had expressed concern about human rights abuses against lesbians, gays, bisexuals and transgender people, including arbitrary arrests, deprivation of food and water, beatings, rape and murder. The era of silence had come to an end; an increasing number of lesbians, gays, bisexuals and transgender individuals had raised their voices, seeking recognition of their inherent right to equal dignity and respect. The number of States recognizing that persistent human rights violations against these groups of individuals could no longer be ignored was also encouraging; almost 50 States had now expressed their support for sexual orientation at this Commission. States should support the gender identity reference in the extrajudicial executions resolution. Anything less would send the message that the lives of those most marginalized had lesser value. Moreover, at this time of United Nations reform, these issues constituted a litmus test for the Commission's capacity to address persistent human rights violations against marginalized groups with effectiveness and credibility.

PATRIZIA SCANNELLA, of Amnesty International, said five countries had abolished the death penalty in 2004; the steady progress towards universal abolition was undeniable. Yet, executions persisted. In 2004, at least 3,797 people were executed in 25 countries and at least 7,395 were sentenced to death in 64 countries. The true totals were certainly higher. Most of the persons executed did not receive fair trials. With capital punishment's evident cruelty, its arbitrariness, and the inherent risk of executing the innocent, the application of the death penalty should be suspended immediately pending its abolition in law. Governments had a special duty to protect the most vulnerable members of society. Despite the new universal acceptance that the death penalty should not be imposed on offenders under age 18, child offenders were reportedly executed last year in China and Iran, and remained under sentence of death in several other countries. A valuable step to secure the abolition of the death penalty was to enshrine abolition in the Constitution.

JULIE DE RIVERO, of International Service for Human Rights, said many human rights defenders were threatened because of their presence and participation at the Commission. Human rights defenders worked at great risk to their lives as they promoted democracy, human rights and peace building; they were often labelled as terrorists and subjected to torture, arbitrary detention and intimidation. Women activists required gender specific protection measures. States should publicly recognise lesbian, gay, bisexual, transgender and women human rights defenders and put in place specific measures for their protection, create independent National Human Rights Institutions and provide adequate resources for them to function effectively, and issue open invitations to the Special Representative for human rights defenders to monitor the development and implementation of domestic legislation.

NICHOLAS HOWEN, of International Commission of Jurists, said the International Commission and others had pleaded with the Commission over the past four years to place human rights while countering terrorism at the forefront of its priorities, and to establish a universal monitoring mechanism. Mexico and the other co-sponsors of this year's draft resolution had provided for just such a mechanism in their draft. Yet, a few States continued to question the need for a special mechanism, arguing that existing mechanisms were sufficient. They were patently insufficient. The monitoring of special procedures was limited by their particularized mandates. Counter-terrorism laws, policies and practices must be evaluated in a cohesive, non-diffuse manner for their impact on all rights if the analysis was to be useful for the concerned States, or for the international community. Other States expressed concern at the proliferation of mechanisms; yet, at a Commission in which five new experts could be appointed to investigate the issue of mercenaries alone, one expert could be appointed to the issue of human rights while countering terrorism. The Commission should adopt this year's draft resolution by consensus.

LOUBNA FREIH, of Human Rights Watch, said Human Rights Watch supported the proposal now being discussed in the Commission to create a Special Rapporteur on the promotion and protection of human rights while countering terrorism. Terrorism was the very anti-thesis of human rights, but human rights abuses committed in the name of counter-terrorism served to fuel terrorism, not end it. Counter-terrorism measures continued to violate human rights in many countries. Abuses included prolonged, incommunicado detention without judicial review; torture and cruel, inhuman and degrading treatment of detained persons; the transfer, return, extradition, and expulsion of persons at risk of being subjected to torture or ill-treatment; and the adoption of security measures that curtailed the right to freedom of association and movement and breached the principle of non-discrimination. The new Rapporteur would fill the important gap in the existing system of special procedures that had been identified by recent studies, including by the Independent Expert.

ANDRES SANCHEZ THORIN, of Colombian Commission of Jurists, said the report of the Special Representative on human rights defenders was an important input into the search for a solution for human rights defenders throughout the world. Human rights defenders played an important role, and measures should be taken to protect their work. The situation of human rights defenders in Colombia had declined in the past year to an alarming extent, and the authorities had even targeted them. There was consensus that their situation could only improve with the help of the authorities. The majority of violations had taken place as reprisal for having given information on violations committed by the paramilitary and in order to impede the investigations thereunto. The situation was growing ever more serious, as the perpetrators continued to go unpunished. The Commission should urge the Government to comply with the recommendations made by the Special Representative.

JEAN DE DIEU MUZALIWA MAROY, of Transnational Radical Party, said there should be a moratorium on capital punishment. He was one of 300 men sentenced to death in the Democratic Republic of the Congo by the military courts for political and war violations, and he had spent four years in prison. Born of a Burundian mother, and a Congolese father, he had served as director of fuel for the Congolese armed forces at the time of the war against Rwanda, Burundi and Uganda. He had been obliged, under torture, to confess to having sold fuel to those enemies, simply because his mother had been of the same origin. While he had been in prison, executions had been carried out arbitrarily, and now that the new Government was in power, the procurer of the military court had himself been sentenced to death for assassinations. In every civil war grave violations of human rights occurred, but in Africa, events had achieved catastrophic dimensions; millions had died in the Democratic Republic of the Congo, in Sierra Leone, in Burundi, in Rwanda, and in the Sudan. Faced with these massacres, the fight against impunity would not be resolved with the death penalty. The real question concerned ensuring that each would be held responsible for his crimes before an independent court of justice.

GARETH SWEENEY, of South Asia Human Rights Documentation Centre, commended Mexico for this year's draft resolution on the protection of human rights while countering terrorism as timely and necessary. The draft resolution aimed at establishing a Rapporteur not only to monitor States' compliance, but also to act as a preventive early warning mechanism. He anticipated that the vote on the Mexican resolution would face three possible fronts: Russia would attempt to sabotage the resolution by merging the issue of terrorism with counter-terrorism, a manipulation of the traditional Mexican position, with the tacit support of China, Pakistan and India. The United States and India had accepted the weight of support for the Rapporteur and were content rather to diminish the mandate by removing the provisions for an early warning mechanism, country visits, and communications. That had no foundation beyond shielding themselves from warranted scrutiny. Most deplorable was the position of Australia, which had flatly and openly rejected the need for a Rapporteur.

JESSICA MARASOVIC, of Centre on Housing Rights and Evictions, said human rights defenders working for the protection of housing, land and indigenous rights as well as those working on economic, social and cultural rights were being increasingly subjected to grave violations of their human rights, ranging from intimidation and harassment, arrests and detention, to serious attacks involving the right to life and personal security. The report of the Special Representative on human rights defenders was supported, and Governments should act on the recommendations therein, as well as guarantee the rights set out in the Declaration on Human Rights Defenders to all defenders.

YVES LADOR, of Earthjustice, said that the Millennium Ecological Assessment, issued just one week ago, showed that the United Nations' goals of halving poverty and hunger by 2015 would not be met, and that hunger and malnutrition would remain problematic in 2050 unless Governments paid greater attention to what nature did for humanity. Poverty was the result of and resulted in violations of civil and political, as well as social, economic and cultural rights. Environmental degradation contributed to the loss of livelihoods, as well as of freedom and dignity, for the poorest people in many societies. The 2005 Environmental Rights Report reviewed recent developments and case studies to demonstrate the connection between the environment and human rights at the international, regional, and domestic levels. It also provided a list of 109 national constitutions that provided protection for environmental rights. Many of the situations addressed by the Commission over the last weeks had environmental causes or components. Continuing to approach the issue of the environment in a fragmented way prevented the Commission from understanding the cause and consequences of these human rights situations and issues. The Commission had thus reduced its capacity to promote human rights, to receive early warning, and to contribute to the prevention and remedying of these human rights violations.

TIGIST SEREKE BREHAN, of International Movement for Fraternal Union among Races and Peoples, drew attention to the human rights situation in Ethiopia. So many human rights violations were reported by the Ethiopian Human Rights Council, including killings, torture, involuntary disappearances, illegal arrests and detention. Elections would be conducted in Ethiopia in May. Ethiopia was trying to show its "determination" to hold free and fair elections. Despite those declarations of good intentions, human rights violations were still going on in matters related to the elections. Another black spot in Ethiopian human rights history was the Gambella issue. The Ethiopian Human Rights Council had reported in December 2003 that 93 individuals from the region, mostly composed of Auaks, had been massacred by a group of people, including persons in military uniform. The Government admitted to about 57 deaths. External sources estimated the number of the dead to be over a thousand. The Commission should call on the Ethiopian Government to fully and promptly respond to the special reports and past recommendations, and facilitate any visit thereof to relevant Ethiopian institutions.

AAMAR CHEIK, of Centrist Democratic International, said that as a non-governmental organization, it was concerned about the respect of human rights in all countries of the world. It had particular concern for the situation of human rights in the Polisario camps in the Tinduf, as the most basic human rights were ignored there. Some 408 Moroccan prisoners had been held there, living in situations of persistent violations of human rights for over a quarter of a century, used as labour despite the cease-fire and the solemn appeals made by all international bodies for their unconditional release. Children received political education in a totalitarian regime with no training on democratic principles, and were separated from their parents. It was extremely urgent to express solidarity with the prisoners in the camps, and the Secretary-General, inter-governmental organizations, and international non-governmental organizations should carry out surveys in these camps in full freedom. The prisoners, who were slowly dying, should be released immediately.

MICHEL MONOD, of International Fellowship of Reconciliation, said he wished to draw attention to the threat of death suffered by conscientious objectors to military service in times of war. While the work of the Commission had led to improved situations for alternative service in some countries, many countries maintained obligatory conscription, with no provision for those refusing to fight with weapons. In the case of war, these individuals had no choice but to escape and be threatened with the death penalty. Some conscientious objectors, returning to their countries of origin, had been put in prison and had disappeared. In one country, conscientious objectors had been put in containers under the sun, and others had been executed. The Commission should adopt the wording of Sub-Commission for the Promotion and Protection of Human Rights resolution 1999/4, which urged all States that maintained the death penalty not to apply it for refusal to undertake military service where the refusal was the result of conscientious objection.

MIKEL MANCISIDOR, of Unesco Centre Basque Country, said a conference on peace had been held in May 2004 in San Sebastian, whose final declaration asked the United Nations to take steps towards the official codification of the human right to peace. The Conference gathered some 150 participants representing international human rights and peacekeeping organizations, as well as governmental and academic institutions. The Conference showed mankind's outcry for peace, widely expressed in many demonstrations that took place two years ago all over the world in response to the illegal occupation of Iraq by the international coalition. The Commission should now respond to the population demand by launching the codification process to achieve the right to peace as a human right. To that purpose, the Commission should invite the Sub-Commission for the Promotion and Protection of Human Rights to appoint a Special Rapporteur to carry out a comprehensive study on the contents of the human right to peace in the framework of international human rights law.

GOVINDA PRASAD SHARMA KOIRALA, of Rural Reconstruction Nepal, said there was serious concern for the systematic and continuous attacks on human rights defenders in Nepal, where, since 1 February 2005, threats against them had increased significantly, particularly for the lesser known, low-profile defenders working at the local level. Nepalese human rights defenders were suffering from the disastrous consequences of the collapse of the rule of law, the elimination of civic space, and the militarization of the State and the civilian populations. The Nepalese authorities and the Maoists should guarantee the integrity of all human rights defenders and ensure that they could carry out their work unhindered. All perpetrators of violations against human rights defenders should be brought to justice, and the Special Rapporteur should be allowed to visit the country. The Commission should take all necessary measures to ensure the safety of human rights defenders who had participated in the session.

TOM GANIATSOS, of Marangopoulos Foundation for Human Rights, said the Foundation was opposed to all forms of terrorism which constituted a serious violation of human rights. However, anti-terrorist measures could also violate human rights, particularly if they entailed "preemptive anti-terrorist wars". Those unable to resist incomparably powerful external invaders with conventional means would resort to unconventional means of resistance, which led to the spread, rather than the diminishment, of terrorism. Furthermore, some countries had introduced legislation that abolished fundamental human rights in the name of the war on terrorism, particularly the right to habeas corpus and to a fair trial. The reaction, both national and international, to these moves had been weak and insufficient. It was necessary to adopt the recommendations of the Independent Expert on the protection of human rights while countering terrorism, and to create special procedures for the effective monitoring of anti-terrorist measures; to adopt an international convention on the appropriate and effective prevention of terrorism in full respect for human rights; and to adopt a resolution requesting the Security Council clearly and explicitly to express its position on measure to combat terrorism, and on the prohibition of anti-terrorist measures that abolished human rights and violated peace.

PEDRO NOLASCO NDONG OBAMA, of North-South XXI, said the people of Equatorial Guinea were living in a situation of brutality without respect for their freedom. The promotion and protection of human rights, including democracy, was not guaranteed by the regime. Despite the political pluralism introduced in 1991 in the country, ballot rigging had been taking place each time there was an election. The promotion and protection of human rights had become an illusion. The country was producing 600 barrels of oil every day, however, 80 per cent of the population was living in extreme poverty. The lack of basic infrastructure for health services had been the main cause for the increased rate of mortality, which was considered as a silent genocide or a crime against humanity. The policy of brutality and the wide practices of corruption had been obstacles to the promotion and protection of human rights in the country.

BEN LEE, of Human Rights Council of Australia said the Secretary-General's speech about the need for reform of the Commission should not be ignored, as the lack of credibility of the body damaged the protection of human rights around the world. Australia did not have any constitutional protection of human rights, nor was it part of a binding regional human rights framework. Until such time as stronger domestic protection was achieved, the credibility of the international treaty mechanisms and the United Nations human rights machinery was critical to the protection of human rights in Australia. The call to replace the Commission with a new body that had greater authority was supported, and as a standing body it would be able to meet whenever necessary to address human rights issues in the world. By being part of a standing body, States which were deficient by exception rather than by general practice would have to improve their performance.

DANIEL DEFAGO, of International Movement of Apostolate in the Independent Social Milieus, said that the International Movement wanted to build a more humane, balanced and respectful world. There were many environmental issues of concern, and one must ask whether the planet that today's generations left to their children would be viable. Unsustainable methods of production and consumption in developed countries remained a major cause of environmental degradation. They also contributed to aggravating the poverty and inequality between the countries of the North and South. There was a need to change these patterns and to adapt to the finite resources of the planet, in order to avoid compromising the development of poor countries and the viability of the planet. Changing the mindset of rich countries was an essential aspect of preserving the environment. They must set an example for developing countries. The United Nations should adopt stronger legislative constraints to achieve this change, and today's children must be taught to respect the planet.

CATHERINE LEGNA, of France Libertes – Fondation Danielle Mitterrand, said a member of the delegation of France Libertés had been refused entry into the premises of the United Nations to participate in the work of the Commission. Mr. Hamid Reza Eshaghi had participated in the Commission's sessions for the last 15 years, and he had enjoyed a political refugee status in France for 25 years. No official reason was invoked for this refusal. The rejection of Mr. Eshaghi, a human rights defender, was considered a scandal. Mr. Eshaghi and other individuals had been kept on a "red list" by the Iranian authorities, because of his condemnation of the human rights violations in that country. She asked for further clarification for his ban from participating in the Commission.

OUBBI BOUCHRAYA, of International Union of Socialist Youth, in a joint statement with World Federation of Democratic Youth, said there was concern for human rights all over the world, including in the occupied territories of Western Sahara. Saharawi human rights activists were denied their freedom of movement as well as their right to have passports; they were also subjected to expulsion and forced unemployment and deportation as a way to impede their activism in the territory. Moroccan authorities had been pursuing policies of collective deportation and impoverishment against the Saharawis, especially the educated ones, whereas more Moroccans were brought into the territory to occupy all the available jobs.

M'HAMED CHEIKH, of International Youth and Student Movement for the United Nations, said the Movement was concerned about repeated aggressions against Saharawi human rights defenders in Western Sahara. Morocco, which had illegally occupied the territory since 1975, had undertaken a policy of physical eradication of those demanding the right of self-determination for the Saharawi people. That policy had been demonstrated by violations of international humanitarian law, and crimes against humanity, in the Saharawi refugee camps of Algeria. In Western Sahara, human rights violations had been institutionalized, and took the form of torture, prohibition of foreign travel, discrimination, and draconian restriction on the freedom of expression, association and assembly, among others. Since Morocco's occupation of Western Sahara, suffering, insecurity and regression had occurred at all levels, engendering terror among the population. Morocco had also transferred millions of settlers to Western Sahara, and had deported many Saharawis to Moroccan villages in the interior. The Commission should take up the situation of Western Sahara concretely.

LUIS ACEBAL, of Federacion de Asociaciones de Defensa y Promocion de los Derechos Humanos, in a joint statement with World Federation of United Nations Associations, stressed the need for human rights education by referring to the efforts made by the new Government in Spain. In that country, non-governmental organizations and universities had carried out training in human rights education. The State had taken initiatives in training and promotion of training in human rights. The Government had launched an educational debate. The Spanish Constitution provided for the right to education and upheld the values of education. A number of non-governmental organizations were collaborating in the realization of the educational values among the population.

SAYYED MOHAMMED MUSAWI, of Interfaith International, said it was unfortunate that what the Western media called Islamic terrorism was targeting Shi'a Muslims and violating their basic right to life and security. The international community was required to take a firmer stand and more practical steps to counter the ongoing terrorism in Iraq, punishing every group, organization or Government that stood behind them, just as the United Nations was taking a determined stand against the alleged criminals in Darfur. The international community should focus on the roots of terrorism which was bred by Wahabi extremists and targeted other Muslims. The failure of United States' troops to maintain peace and security in Iraq was a clear violation of the Geneva Conventions, and should not be left unquestioned. There should be an International Day of the Mass Graves in Iraq, which should be celebrated by the international community.

ROBERT TROCME, of People's Decade of Human Rights Education, said that too many people lacked realization of the Universal Declaration of Human Rights' promise of freedom from fear and freedom from want. To secure this promise, all must learn of their human rights, and become agents of transformation to establish human rights as a way of life. Learning human rights bridged the chasm of despair, and liberated all from the prison of ignorance. It empowered all to know, claim and make real their universal and inalienable human rights. As the international community reviewed the achievements of the United Nations Decade for Human Rights Education, it could see that significant achievements had been made, but that much remained to be done. The inhumanity and injustice that plagued the international community must be stopped. Learning from the experience of others created the mutual respect that underlay human rights. Through dialogue, interaction and learning, the international community would move forward from information to knowledge, and from knowledge to realization of the imperatives of social and economic justice. The General Assembly should proceed with the adoption of the revised plan of action for the World Programme for Human Rights Education, in order for all people to understand human rights as a common standard for all peoples of all regions.

MICHEL VEUTHEY, of International Institute of Humanitarian Law, said the Institute had been engaged in a series of training programmes on international humanitarian law, with particular emphasis on the right of refugees. For the last 30 years, the Institute had been organizing courses on international humanitarian law and on the right of refugees to many persons in many countries. Within the framework of the promotion of international law and humanitarian law on refugees, the Institute was providing training for youth cadets, in addition to their proper training. Under the auspices of a number of agencies, such as UNHCR or ICRC, the Institute provided training in many areas where refugees were affected.

KAREN FROMING, of National Association of Criminal Defense Lawyers, said there should be support for the resolution on the death penalty, and an end to the use of the death penalty worldwide. There was great concern in particular for its imposition in the United States. Although it was believed that there was a lack of respect for human rights by Governments that imposed the death penalty under any circumstances, there was particular concern for the manner in which the mentally ill were sentenced to death in the United States, as they were sentenced in every state, federal and military court there that allowed capital punishment. The Commission and its members should support the call for a General Assembly resolution seeking a moratorium on executions worldwide, as this would be a critical step in promoting a rational dialogue on capital punishment.


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1Joint statement on behalf of: Dominicans for Justice and Peace; Dominican Leadership Conference; International Federation of ACAT (Action By Christians for the Abolition of Torture; Elizabeth Seton Federation of Sisters of Charity; International Presentation Association Sisters of the Presentation; Sisters of Notre Dame de Namur; Pax Christi International; Maryknoll Sisters of St. Dominic; Maryknoll Fathers and Brothers; Congregations of St. Joseph; International Young Catholic Students and Commission of the Churches on International Affairs of the World Council of Churches.

2Joint statement on behalf of: Soka Gakkai International; International Organization for the Development of Freedom of Education - OIDEL; Servas International; International Association for Religious Freedom; World Federation of Methodist and Uniting Church Women; Institute for Planetary Synthesis; Pax Romana; Women's World Summit Foundation; Lutheran World Federation; International Movement against all Forms of Discrimination and Racism; African Society of International and Comparative Law; Women's Federation for World Peace International; International Council of Jewish Women; and Australian Council for Overseas Aid.

3Joint statement on behalf of: International Service for Human Rights; Asia Pacific Forum on Women, Law and Development; Asian Forum for Human Rights and Development; Asia-Japan Women's Resource Center; Center for Women's Global Leadership; MADRE; Korea Women's Associations United; International Women's Rights Action Watch; World Young Women's Christian Association; Pax Romana and International Young Catholic Students.

4Joint statement on behalf of: International League for the Rights and Liberation of peoples; International Organization for the Development of Freedom of Education - OIDEL; Women's International League for Peace and Freedom; International Educational Development; International Federation of Rural Adult Catholic Movements; United Towns Agency For North-South Cooperation; Union of Arab Jurists; African Society of International and Comparative Law; Indian Council of South America; African Commission of Health and Human Rights Promoters; Transnational Radical Party; International Alliance of Women; General Arab Women Federation; International Association of Democratic Lawyers; B'nai B'rith and Coordinating Board of Jewish Organizations.

5Joint statement on behalf of: International Association of Democratic Lawyers; Union of Arab Jurists; General Arab Women Federation; International League for the Rights and Liberation of peoples; Movement against Racism and for Friendship among Peoples and World Young Women's Christian Association.

For use of information only; not an official record