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COMMISSION ON HUMAN RIGHTS ADOPTS RESOLUTIONS ON SELF-DETERMINATION IN WESTERN SAHARA, PALESTINE
06 April 2001
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Commission on Human Rights
57th session
6 April 2001
Afternoon
Also Approves Measure to Condemning Use of Mercenaries;
Special Rapporteur on Myanmar Speaks
The Commission on Human Rights adopted resolutions this afternoon related to self_determination in Western Sahara and occupied Palestine.
It also approved a measure opposing the use of mercenaries as a means of violating human rights and impeding the exercise of the right to self-determination. As part of that action it decided to renew the mandate of its Special Rapporteur on mercenaries for a further three years.
In a consensus resolution on the question of Western Sahara, the Commission urged the Kingdom of Morocco and the Frente Popular para la Liberacion de Saguia el-Hamra de Rio de Oro to implement agreements reached on a settlement plan; urged them to refrain from undertaking anything that would undermine implementation of the plan; urged the two parties to implement faithfully and loyally the Secretary-General’s package of measures relating to the identification of voters and the appeals process; and reaffirmed its support for further efforts for the organization of a referendum on self-determination of the people of Western Sahara that was impartial and free of all constraints, in conformity with relevant Security Council resolutions.
In a resolution on the situation in occupied Palestine, adopted by a roll-call vote of 48 in favour to 2 against, with 2 abstentions, the Commission reaffirmed the “inalienable, permanent and unqualified right” of the Palestinian people to self-determination, including their right to establish a sovereign and independent Palestinian State. The United States and Guatemala voted against the measure.
A representative of the observer State of Israel said the matter was primarily a political issue that should be left to permanent-status negotiations between Israel and the Palestinians.
An observer for Palestine said the right to self-determination of the Palestinian people was at the crux of the problem in the Middle East, and the resolution was the only means of providing peace for Palestinians.
The measure on mercenaries, which was adopted by a roll-call vote of 35 in favour to 11 against, with 6 abstentions, urged all States to take legislative measures to ensure that their territories and other territories under their control, as well as their nationals, were not used for the recruitment, assembly, financing, training and transit of mercenaries or for the planning of activities designed to impede the right to self-determination, to overthrow the Government of any State, or to dismember or impair the territorial integrity or political unity of sovereign and independent States. Several of the countries voting against the measure said the matter of mercenaries should be dealt with in other fora, such as the Security Council.
The Commission also heard from its Special Rapporteur Myanmar, speaking under item 9 of the agenda on the question of the violation of human rights in any country. The Rapporteur, Paulo Sergio Pinheiro, said, among other things, that the best hopes for government reforms in Myanmar required a mix of long-term strategies and immediate steps, among them realization of freedom of expression and assembly, early release of political prisoners, liberalization of the media, and strengthening of civil society and the right to participation in public life.
In addition, the Commission carried on with debate under its agenda item on civil and political rights, hearing from a series of non-governmental organizations (NGOs) expressing opinions on such topics as torture, extrajudicial executions, disappearances, impartiality of the judiciary, and impunity. In some cases NGOs alleged violations of civil and political rights in various countries and regions.
Contributing to the debate were representatives of African Commission of Health and Human Rights Promoters; New Human Rights; Afro-Asian People’s Solidarity Organization; Franciscans International; International Indian Treaty Council; World Muslim Congress; International Youth and Student Movement for the United Nations; Centro de Estudios Sobre la Juventud; Women’s International League for Peace and Freedom; All China Women’s Federation; United Nations Association of China; China Disabled Person’s Federation; and China Society for Human Rights.
Tunisia, Senegal, Iraq, Tanzania, and Morocco spoke in exercise of the right of reply.
The Commission will reconvene at 10 a.m Monday, 9 April, to begin discussion of the human rights of women.
Action on resolutions
In a resolution on the question of Western Sahara (E/CN.4/2001/L.3), adopted by consensus, the Commission urged the Kingdom of Morocco and the Frente Popular para la Liberacion de Saguia el-Hamra de Rio de Oro to implement agreements reached on a settlement plan; commended the Secretary-General and his Personal Envoy and the two parties for the spirit of cooperation shown in efforts to that end; urged the two parties to continue their cooperation with the Secretary-General and his Envoy as well as with his Special Representative, and to refrain from undertaking anything that would undermine implementation of the settlement plan and the agreements reached for its implementation; called upon the two parties to cooperate fully with these officials in implementing the various phases of the settlement plan and in overcoming the difficulties that remained; urged the two parties to implement faithfully and loyally the Secretary_General’s package of measures relating to the identification of voters and the appeals process; and reaffirmed its support for further efforts for the organization of a referendum on self_determination of the people of Western Sahara that was impartial and free of all constraints, in conformity with relevant Security Council resolutions.
In a resolution on the situation in occupied Palestine (E/CN.4/2001/L.4), adopted by a roll_call vote of 48 in favour to 2 against, with 2 abstentions, the Commission reaffirmed the inalienable, permanent and unqualified right of the Palestinian people to self-determination, including their right to establish their sovereign and independent Palestinian State; and requested the Secretary-General to transmit the resolution to the Government of Israel.
The result of the vote was as follows:
In favour (48) : Algeria, Argentina, Belgium, Brazil, Burundi, Cameroon, China, Colombia, Costa Rica, Cuba, Czech Republic, Democratic Republic of the Congo, Ecuador, France, Germany, India, Indonesia, Italy, Japan, Kenya, Latvia, Libyan Arab Jamahiriya, Madagascar, Malaysia, Mauritius, Mexico, Niger, Nigeria, Norway, Pakistan, Peru, Poland, Portugal, Qatar, Republic of Korea, Russian Federation, Saudi Arabia, Senegal, South Africa, Spain, Swaziland, Syrian Arab Republic, Thailand, United Kingdom, Uruguay, Venezuela, Viet Nam and Zambia.
Against (2) : Guatemala and United States of America,
Abstention (2) : Canada and Romania,
YAAKOV LEVY (Israel) urged the Commission to consider carefully its vote on the issue of self-determination for the Palestinians. This was primarily a political issue under negotiation between Israel and the Palestinians. Certainly, it included elements of human rights, but in essence, it was part of a much broader political context to be determined in the bilateral track of negotiations between the parties. Israel supported the principle of self-determination and the right of people to govern themselves in every region, the Middle East included. With regard to the Palestinians, Israel had recognized more than 20 years ago, in the framework of the Camp David accords, the legitimate right of the Palestinian people and their requirements. Through the Oslo process, Israel and the Palestinians had agreed to recognize their mutual legitimate political rights. All this was to be achieved within the framework of peace negotiations aimed at a permanent solution to the conflict.
Not very long ago, Israel and the Palestinians had been negotiating outstanding permanent_status issues, among them the future status of the territories under dispute. Negotiations broke off as a result of the violence initiated by the Palestinians. Once the violence ended, peace talks were bound to resume. The draft resolution before the Commission preempted the outcome of the permanent-status negotiations and would only undermine attempts at reaching a successful conclusion to the negotiations.
NABIL RAMLAWI (Palestine) said the subject of the right to self-determination of the Palestinian people was at the crux of the problem in the Middle East. This resolution was the only means for providing peace for the people of Palestine. The right to self-determination could not be negotiated or bargained upon. Who ever gained the right to self-determination through negotiations with his enemies?
Negotiations between Palestine and Israel had been about the withdrawal of forces, not about self-determination. Everyone had seen on television the shooting of bullets by the Israeli forces. The resolution was the starting point for solving the problem. When the Palestinian people were freed of Israeli occupation, then they could truly enjoy their rights.
ANTONIO ARENALES FORNO (Guatemala) said the country recognized the Palestinians’ right to self-determination. But enjoyment of the right required concluding agreements with the Israeli Government. The Jewish people should not be undermined. This could lead to vulnerability of the rights of the Jewish people, and only through the negotiating table could agreements be drawn up. In voting against the resolution, Guatemala was not denying the right of self-determination of the Palestinian people, but reaffirming the right to self-determination of the Jewish people.
SHIRIN TAHIR-KHELI (United States) said the US was opposed to resolution L.4 because it attempted to prejudge final-status issues that the two parties had agreed would be reserved for bilateral negotiations. Adoption of the resolution would not help break the tragic cycle of violence under way in the region. The parties themselves must do that. Nor would it bring the just, lasting and comprehensive peace longed for by all. The road to peace would begin with difficult decisions that the parties had to take. In truth, United Nations texts such as the one before the Commission risked diminishing the prospects for peace in the Middle East. Repeated year after year, they simply did not reflect the complexities of the situation.
In a resolution on the use of mercenaries as a means of violating human rights and impeding the exercise of the right to self-determination (E/CN.4/2001/L.5), adopted by a roll-call vote of 35 in favour to 11 against, with 6 abstentions, the Commission urged all States to take the necessary steps and to exercise the utmost vigilance against the menace posed by the activities of mercenaries and to take legislative measures to ensure that their territories and other territories under their control, as well as their nationals, were not used for the recruitment, assembly, financing, training and transit of mercenaries, or for the planning of activities designed to impede the right to self-determination, to overthrow the Government of any State, or dismember or impair the territorial integrity or political unity of sovereign and independent States; called upon all States to consider signing or ratifying the relevant international Convention; welcomed the adoption by some States of national legislation that restricted the recruitment, assembly, financing, training and transit of mercenaries; invited States to investigate the possibility of mercenary involvement whenever and wherever criminal acts of a terrorist nature occurred; and decided to renew the mandate of the Special Rapporteur on the use of mercenaries for a further three years.
The result of the vote was as follows:
In favour (35) : Algeria, Argentina, Brazil, Burundi, Cameroon, China, Colombia, Costa Rica, Cuba, Democratic Republic of the Congo, Ecuador, Guatemala, India, Indonesia, Kenya, Libyan Arab Jamahiriya, Madagascar, Malaysia, Mauritius, Mexico, Niger, Nigeria, Pakistan, Peru, Qatar, Russian Federation, Senegal, South Africa, Swaziland, Syrian Arab Republic, Thailand, Uruguay, Venezuela, Viet Nam and Zambia.
Against (11) : Belgium, Canada, Czech Republic, Germany, Japan, Latvia, Norway, Poland, Romania, United Kingdom and United States.
Abstention (6) : France, Italy, Portugal, Republic of Korea, Saudi Arabia and Spain.
MARIE GERVAIS-VIDRICAIRE (Canada) said Canada supported Palestine's desire for self-determination, but while the right to a State was implicit, the interest of the Palestinians, and the peoples of the region as a whole, would best be served if this were done through the negotiating process.
JEAN-MARIE NOIRFALISSE (Belgium), speaking on behalf of the European Union and the countries associated with it, said the EU supported resolution L.4. The EU reaffirmed the right of the Palestinians to self-determination. The EU did not believe that the draft resolution prejudged the outcome of permanent-status issues. The creation of a sovereign, democratic and viable Palestinian State would be the best guarantee of Israel's security and its acceptance in the region. The parties were urged to engage in a constructive dialogue. A solution to the conflict could found only through peaceful negotiations based on the principle of land for peace.
SHIRIN TAHIR-KHELI (United States), explaining its vote after the vote, said the issue of mercenaries should be discussed before the Security Council in New York.
JEAN-MARIE NOIRFALISSE (Belgium), speaking on behalf of the European Union, said the EU was concerned about the dangers of mercenaries, and it strongly condemned all instances of mercenary activities. But the EU believed the Commission was not the right forum for dealing with the matter of mercenary activities. It had doubts about whether the High Commissioner for Human Rights should be asked to devote priority attention to the subject. While recognizing the numerous dangers caused by mercenary activities, the EU doubted that the use of mercenaries should be dealt with primarily as a human-rights problem and as a threat to the right of peoples to self_determination. The EU would continue to participate actively, and in the appropriate fora, in the dialogue with interested States on ways to curb the threats posed by mercenary activities.
Statements
PAULO SERGIO PINHEIRO, Special Rapporteur to the situation of human rights in Myanmar, said his principal reference in fulfilment of his mandate was and would always remain the promotion of best interests of the victims of human-rights violations. There would be no failure to speak very clearly about the situation of human rights in Myanmar. Reporting would be done in an independent, objective, fair and transparent manner under the terms of the fact-finding mandate. A voice would be offered to the people and civil society of Myanmar, presenting their allegations to the Government and requesting effective action to provide redress and prevent further violations. This was a difficult and challenging mandate. But judging by signs of changes reported by a number of observers in recent months, it appeared that the country was currently about to enter a new phase which the Commission and the international community must acknowledge and act upon.
Reliable sources said authorities had accepted previous independent observations and some improvements had been made in prisons, the Special Rapporteur said. He was also noted that the Government had released from detention a number of members of the political opposition. During his visit to the country, an opinion was expressed to the Government that there was an urgent need to consider the release of the old, the mentally disturbed and those prisoners whose sentences had reportedly already expired. The Government gave assurances that it would give due consideration on a case-by-case basis. The best hopes for government reforms in Myanmar required a mix of long-term strategies and immediate steps. Among those -- and they had been conveyed to the Government -- were realization of freedom of expression and assembly, the early release of political prisoners, liberalization of the media, and strengthening of civil society and the right to participation in public life. Those initiatives would contribute to the process of confidence_building in the country.
DJELY KARIFA SAMOURA, of African Commission of Health and Human Rights Promoters, said that different approaches to human-rights protection had appeared during the current session of the Commission between the delegations and non-governmental organizations of the North and South. They also had appeared in previous sessions of the Commission. The number of exercises of the right of reply could attest to that. The delegations and NGOs of the North could be assured that the delegations and NGOs of the South were also appalled by the human-rights violations addressed to the Commission. The NGOs of the South were more solid towards their peoples who were exposed to grave human rights violations in their respective countries. The family members of NGOs in the South suffered when Governments had recourse to repression and they also suffered when political opponents used terrorism against Governments.
The African Commission had been assisting victims of torture on the African continent in 18 countries by implementing programmes of rehabilitation. The United Nations Fund for Victims of Torture had been helping the Commission in its efforts. The African Commission was also running prevention programmes against torture.
HAMID REZA ESHAGHI, of New Human Rights, said that on the personal instructions of Khomeini, 30,000 political prisoners and sympathizers of the Mujahideen had been summarily executed in Iran between August 1988 and March 1989. In his report to the 55th session of the Commission, Special Representative Galindo Pohl confirmed that he had received information from different sources concerning this "wave of executions of political detainees". The Commission in its resolution 1989/66 expressed its deep concern about information according to which a wave of summary executions had taken place in Iran between July and December 1988. All leaders of the mullah regime, including those who currently held key positions at the head of State, had been directly involved in the massacre, which constituted a perfect example of a crime against humanity.
The Commission was urged to invite the Special Representative to study the case and submit a report at the next session of the Commission. The international community had to assume its responsibility by setting up an international tribunal to prosecute and charge all those responsible for the massacre
KEITH BENNET, of Afro-Asian People's Solidarity Organization, said one of the greatest gifts of nature to mankind was the ability to think cogently and to express one's thoughts and aspirations through a variety of mediums such as the spoken word, the written word, painting and music, to name a few. Since the freedom of expression was an essential prerequisite for a complete and fulfilling life, serious attention should be paid to it, and its associated right of free choice, without which civil and political rights had no meaning. Totalitarian states, which sought to fashion society according to certain controlled norms, had been infamous for their persecution of those who indulged in free expression. Communist states and dictatorships attacked the media because they believed that if people were allowed to freely express their views, then the elites' hold on power would be undermined.
But the genius of mankind was such that the innate urge for free and uncontrolled expression itself found new mediums. Witness the creation of the internet and its evolution into an instrument that even totalitarian states had found impossible to blunt. It was the desire to be free that made people revolt sooner or later against systems that denied basic freedoms. Those who revolt raised the flag of democracy for its universally-acknowledged that only a democratic polity permitted complete freedom of expression. One only needed the humility to acknowledge that each human being was unique with his or her own thoughts, his or her own views and aspirations. If society was to allow each individual to fulfil his or her destiny, then it must allow the basic rights of free expression and choice so that systems and structures evolved from the sum total of people's aspirations. Then and only then could mankind progress without hiccups and leave for future generations a more aware and more tolerant planet.
CAROLINA PARDO FRANCISCO, of Franciscans International, said that when impunity allowed acts of totalitarian authority in a given country, there was no peace without the exposure of the truth. The impunity regime in Colombia had destroyed the possibility of constructing a peaceful society there. The activities of paramilitary groups had been alarming; and the groups had perpetuated the impunity regime in the country. The Colombian Ombudsman had stated that paramilitary activity was widespread.
In recent years, the activities of paramilitary units had increased by 81 per cent. Most serious cases of human-rights violations passed through the military courts, which denied justice to the victims. The Special Rapporteur on extra-judicial killings and arbitrary executions had reported that the continuation of impunity was one of the main causes for human-rights violations in Colombia. The Special Rapporteur should follow developments in the country and report to the Commission. It was vital that the international community play an important role in preventing impunity in Colombia.
KEE WATCHMAN, of International Indian Treaty Council, said the inhabitants of the community of Cactus Valley Red Willow Springs in the United States had been subjected for over 30 years to confiscation of their livestock, rules preventing them from building homes or even maintaining the homes they had, continuous police harassment, harsh restrictions on their freedom of religion and the threat of forcible eviction from the lands that their clans had called home for thousands of years.
Lately, strong rumours had been circulating to the effect that Peabody Coal Company still wanted their rich and low-sulphur coal. These rumours only reaffirmed their intuition of why they had been faced with this forced-relocation policy by the United States Government. As well, the Hopi Tribal Council recently gave permission to construct a cellular tower on the very peak of their shrine without any consultation. This desecration of their Holy Mountain only added further insult to a deep injury caused by the forced- relocation policy. The United States far from protecting their rights, as was promised in the Treaty of 1868, and was in fact the major violator of their rights.
MOHAMMAD YASIN, of World Muslim Congress, said the dawn of a new Millennium was being characterized by increased globalization. This globalization was manifest in increased economic interaction between human beings of the world as well as a common value system which transcended national boundaries. One important component of this value system was respect for human rights. However, some States continued to blatantly disregard the human rights of their subjects. Torture and other cruel, inhuman or degrading treatment or punishments were the favoured method of States which had forcibly occupied territories and were holding the people against their will. In such situations, torture and other forms of cruel punishment were systematically practiced to silence opposition or resistance, even if that resistance was peaceful and political.
In the case of occupied Jammu and Kashmir, torture by Indian agencies was widespread and practiced as part of a deliberate campaign of repression to force the Kashmiri people into submission. The U.S. State Department Report on Human Rights Practices for 2000 said the Indian army conducted cordon-and-search operations in Muslim neighbourhoods and villages, detained young men, assaulted other family members, and summarily executed suspected militants. Most of the young men were rounded up in search-and-cordon operations and taken to interrogation centers where they were tortured. Some were even tortured to death. The Commission should act to bring about an end to such inhuman practices and hold those individuals who committed these crimes, and States that sanctioned them, accountable for their actions.
FATIMETOU MOFDH SIDI, of International Youth and Student Movement for the United Nations, said Western Sahara was one of the regions most infested with landmines in the world, with the Morocco playing a role in that situation. The effect of an electrified wall built by Morocco around the people of Western Sahara should be studied by the Commission. The electrified fence was 2,500 kilometres long and three metres high.
In 1975, part of the people of Western Sahara had been forced to flee into exile in order to escape bombardments and the advance of Moroccan troops invading Western Sahara. The media blackout of Western countries had profited the Moroccan authorities in their continuing occupation of the region.
JAVIER LABRADA ROSABAL, of Centro de Estudios Sobre la Juventud, said one of the arguments used by the United States to accuse Cuba of violations of human rights was that there was no democracy in Cuba. In its campaign of slander against the Cuban revolution and denigration of the Cuban political system, the United States described Cuba as the only undemocratic country in the Western hemisphere. The anti-Cuban rethoric by Washington sometimes became revealing, since it occurred when the US acknowledged that it wanted Cuba to have a representative democracy and a market economy, and in moments of unique frankness the formula was abbreviated to “market democracy”.
The United States also tried to hide the fact that since 1958 the US Government had created, organized, headed, trained and financed the so-called Cuban opposition inside and outside of Cuba. A 1991 report by the State Department proved the close ties between the United States and the Batista tyranny, its murderers, torturers and thieves who fled Cuba -- all of whom, in the name of representative democracy, committed the most serious systematic and massive human rights violations between 1952 and 1958.
MANDELA EVELYN, of Women's International League for Peace and Freedom, said killings in the name of so-called honour or passion constituted one of the worst forms of extrajudicial execution. The organization commended the work of the Special Rapporteur on extrajudicial, summary or arbitrary executions because she addressed these violations of the right to life of women. It called upon the Commission to ask the Subcommission on the Promotion and Protection of Human Rights to write a working paper surveying the incidence of honour or passion killings of women, to analyse State obligations, and to describe the impact of these crimes on the human rights of women.
The Commission should also pay attention to domestic violence in relation to the Convention against Torture. The WILPF called the Commission's attention to the reality that rape in marriage was known to exist in every region in the world. The term "domestic" minimized the seriousness of this crime, and instead put forth a purported justification for the perpetrator’s action. This form of violence against women fulfilled the definition of torture, as defined in the Convention. It involved serious bodily and psychological harm. It was used to punish a woman, or to force her to do what the perpetrator wished. When the State failed to protected women from so_called domestic violence, it failed in its obligations. The Commission should direct the Special Rapporteur on torture to study and report on State policies on "domestic" violence.
CAO SHENGJIE, of All-China Women's Federation, said she always heard the West blaming China for "religious intolerance"; and it was an unfair charge. Such persecution had only existed during the cultural revolution, when all religious activities were forbidden. Since 1979, the situation of freedom of religion in China had improved; and the social atmosphere was favourable for the growth of religions. However, religious believers were a minority of the population. The West always had attacked China on religious intolerance.
For its part, the Falun Gong was an evil cult which stole and distorted some religious notions and terms to fabricate its fallacies. It was not a religion and did not fall into the category of enjoying religious freedom. The main reason for banning it was because of its harmful social effects. China's decision to outlaw the Falun Gong was on the basis of guaranteeing religious freedom, of protecting people from its serious harm. It was absolutely not a violation of human rights, but a step to maximize the protection of human rights.
ABBOT SHENG HUI, of United Nations Association of China, said that love of peace had been the humanistic spirit of China for thousands of years. In today's China, the harmonious coexistence of religions had entered a new phase. Religious freedom was included in the Constitution. Protected by law, everyone fully enjoyed freedom of religion. In the current world, not all places were bathed in peaceful sunshine; wars and poverty still went on rampantly; human beings still suffered from unbearable pain. Much violence and crime was being committed in the name of religion
Moreover, there were evil cults, which stole religious terms and notions to fight against religion under the name of religion, to cheat their followers, and to plot to take their property and hurt their lives. One such example was the Falun Gong, a cult which had caused the deaths of more than 1,000 people.
SUN ZHONGHUA, of China Disabled Persons Federation, said the aim of the organization was to protect and promote the human rights of disabled persons so that they could participate in society and share the benefits of economic development. In China, there were 16 million persons with some sort of disability. The organization had participated in the drafting of a law that protected disabled peoples' rights. It had helped design codes to make buildings accessible to disabled people.
Preferential policies had been formulated and implemented at various levels for disabled persons, such as free transportation and free postage for braille reading materials. The organization coordinated with the media to run public-affairs programmes to educate the public about disabled people. The third Sunday of every May was proclaimed as a day to help disabled people.
YOU XUEYUN, of China Society for Human Rights Studies, recalled that China had signed the International Covenant on Civil and Political Rights in October 1998, and had signed the Convention against Torture and had fulfilled the obligations stipulated by that instrument. In recent years, the Chinese legislature had revised criminal law and criminal procedure law, administrative procedure law and state compensation law. Those laws prevented criminal suspects, accused persons and prisoners from arbitrary detention or arrest, and torture or cruel, inhuman or degrading treatment or punishment although there was much room for improvement in the implementation of those laws.
It was regrettable that the United States continued to make unwarranted attacks against other countries' human-rights records but kept silent about its own human-rights abuses, including torture by the police and ill-treatment of prisoners. Each year, there were thousands of accusations of police abuse in the United States, and police officers who violated the law were rarely punished.
NIGEL RODLEY, Special Rapporteur on torture, addressed criticism raised by several delegations, namely that fact that he had not sought to visit the occupied territories of Palestine pursuant to the mandate contained in Special Session resolution 5-5/1. The Rapporteur said that contrary to what some had alleged in the Commission, he had certainly not taken the position that there was no torture committed by Israel, and he invited anyone who was interested to read entries on Israel in his annual reports, including the current one.
Rights of reply
A Representative of Tunisia, speaking in right of reply, said some NGOs had made groundless accusations against Tunisia. With regard to overcrowding in prisons, prisons were places of re-education and rehabilitation to prepare inmates for re-entrance into society. Prison guards were educated in preventing torture. The allegation of impunity for prison officials was groundless. Since 1992, the chairman of the Committee on Human Rights in Tunisia was required to make unannounced visits to prisons, and to draft a report that was submitted to the President. Tunisia was committed to the promotion and protection of human rights.
A Representative of Senegal, responding to a statement made by International Federation of Human Rights, said that on 3 February 2000, the former Chadian President Hissene Habre, who was living in Senegal as a refugee, had been indicted and placed under house arrest by the Dean of judges. However, the penal procedure opened against the former President had been nullified by the Court on the basis that his indictment had no foundation. The allegations attributed to Hissene Habre had been committed outside Senegal. Senegalese criminal law had no jurisdiction on crimes committed abroad.
A Representative of Iraq, speaking in right of reply, said that allegations made concerning the treatment of Kurds and Shi'ith in Iraq were groundless. The organization in question was supported by a foreign source. Iraq ensured the rights of members of all groups, as evidenced in its report to the Commission.
A Representative of Tanzania, in a right of reply, said an NGO had blamed the Tanzanian police for using force during illegal demonstrations. Many of the people killed that day were not demonstrating peacefully, and they were armed. They wanted to take over police stations. One brutally chopped off the head of a policeman with a machete. Let the distinguished NGO representative picture a situation where the arms of the police fell into the hands of those protestors. How many deaths would have happened then?
A Representative of Morocco, replying to the statement by the International Youth and Student Movement for the United Nations, said the NGO had given a fantasy story on the Western Sahara and its evolution. In addition, the representative of that NGO should read the Bible on landmines -- the Landmines Report 2000 -- which was very eloquent on the issue of landmines, particularly concerning Morocco. Morocco had made laudable efforts to create a secure environment for the population of the region. The landmines laid down by the Moroccan Army had been removed and destroyed.
* *** *
57th session
6 April 2001
Afternoon
Also Approves Measure to Condemning Use of Mercenaries;
Special Rapporteur on Myanmar Speaks
The Commission on Human Rights adopted resolutions this afternoon related to self_determination in Western Sahara and occupied Palestine.
It also approved a measure opposing the use of mercenaries as a means of violating human rights and impeding the exercise of the right to self-determination. As part of that action it decided to renew the mandate of its Special Rapporteur on mercenaries for a further three years.
In a consensus resolution on the question of Western Sahara, the Commission urged the Kingdom of Morocco and the Frente Popular para la Liberacion de Saguia el-Hamra de Rio de Oro to implement agreements reached on a settlement plan; urged them to refrain from undertaking anything that would undermine implementation of the plan; urged the two parties to implement faithfully and loyally the Secretary-General’s package of measures relating to the identification of voters and the appeals process; and reaffirmed its support for further efforts for the organization of a referendum on self-determination of the people of Western Sahara that was impartial and free of all constraints, in conformity with relevant Security Council resolutions.
In a resolution on the situation in occupied Palestine, adopted by a roll-call vote of 48 in favour to 2 against, with 2 abstentions, the Commission reaffirmed the “inalienable, permanent and unqualified right” of the Palestinian people to self-determination, including their right to establish a sovereign and independent Palestinian State. The United States and Guatemala voted against the measure.
A representative of the observer State of Israel said the matter was primarily a political issue that should be left to permanent-status negotiations between Israel and the Palestinians.
An observer for Palestine said the right to self-determination of the Palestinian people was at the crux of the problem in the Middle East, and the resolution was the only means of providing peace for Palestinians.
The measure on mercenaries, which was adopted by a roll-call vote of 35 in favour to 11 against, with 6 abstentions, urged all States to take legislative measures to ensure that their territories and other territories under their control, as well as their nationals, were not used for the recruitment, assembly, financing, training and transit of mercenaries or for the planning of activities designed to impede the right to self-determination, to overthrow the Government of any State, or to dismember or impair the territorial integrity or political unity of sovereign and independent States. Several of the countries voting against the measure said the matter of mercenaries should be dealt with in other fora, such as the Security Council.
The Commission also heard from its Special Rapporteur Myanmar, speaking under item 9 of the agenda on the question of the violation of human rights in any country. The Rapporteur, Paulo Sergio Pinheiro, said, among other things, that the best hopes for government reforms in Myanmar required a mix of long-term strategies and immediate steps, among them realization of freedom of expression and assembly, early release of political prisoners, liberalization of the media, and strengthening of civil society and the right to participation in public life.
In addition, the Commission carried on with debate under its agenda item on civil and political rights, hearing from a series of non-governmental organizations (NGOs) expressing opinions on such topics as torture, extrajudicial executions, disappearances, impartiality of the judiciary, and impunity. In some cases NGOs alleged violations of civil and political rights in various countries and regions.
Contributing to the debate were representatives of African Commission of Health and Human Rights Promoters; New Human Rights; Afro-Asian People’s Solidarity Organization; Franciscans International; International Indian Treaty Council; World Muslim Congress; International Youth and Student Movement for the United Nations; Centro de Estudios Sobre la Juventud; Women’s International League for Peace and Freedom; All China Women’s Federation; United Nations Association of China; China Disabled Person’s Federation; and China Society for Human Rights.
Tunisia, Senegal, Iraq, Tanzania, and Morocco spoke in exercise of the right of reply.
The Commission will reconvene at 10 a.m Monday, 9 April, to begin discussion of the human rights of women.
Action on resolutions
In a resolution on the question of Western Sahara (E/CN.4/2001/L.3), adopted by consensus, the Commission urged the Kingdom of Morocco and the Frente Popular para la Liberacion de Saguia el-Hamra de Rio de Oro to implement agreements reached on a settlement plan; commended the Secretary-General and his Personal Envoy and the two parties for the spirit of cooperation shown in efforts to that end; urged the two parties to continue their cooperation with the Secretary-General and his Envoy as well as with his Special Representative, and to refrain from undertaking anything that would undermine implementation of the settlement plan and the agreements reached for its implementation; called upon the two parties to cooperate fully with these officials in implementing the various phases of the settlement plan and in overcoming the difficulties that remained; urged the two parties to implement faithfully and loyally the Secretary_General’s package of measures relating to the identification of voters and the appeals process; and reaffirmed its support for further efforts for the organization of a referendum on self_determination of the people of Western Sahara that was impartial and free of all constraints, in conformity with relevant Security Council resolutions.
In a resolution on the situation in occupied Palestine (E/CN.4/2001/L.4), adopted by a roll_call vote of 48 in favour to 2 against, with 2 abstentions, the Commission reaffirmed the inalienable, permanent and unqualified right of the Palestinian people to self-determination, including their right to establish their sovereign and independent Palestinian State; and requested the Secretary-General to transmit the resolution to the Government of Israel.
The result of the vote was as follows:
In favour (48) : Algeria, Argentina, Belgium, Brazil, Burundi, Cameroon, China, Colombia, Costa Rica, Cuba, Czech Republic, Democratic Republic of the Congo, Ecuador, France, Germany, India, Indonesia, Italy, Japan, Kenya, Latvia, Libyan Arab Jamahiriya, Madagascar, Malaysia, Mauritius, Mexico, Niger, Nigeria, Norway, Pakistan, Peru, Poland, Portugal, Qatar, Republic of Korea, Russian Federation, Saudi Arabia, Senegal, South Africa, Spain, Swaziland, Syrian Arab Republic, Thailand, United Kingdom, Uruguay, Venezuela, Viet Nam and Zambia.
Against (2) : Guatemala and United States of America,
Abstention (2) : Canada and Romania,
YAAKOV LEVY (Israel) urged the Commission to consider carefully its vote on the issue of self-determination for the Palestinians. This was primarily a political issue under negotiation between Israel and the Palestinians. Certainly, it included elements of human rights, but in essence, it was part of a much broader political context to be determined in the bilateral track of negotiations between the parties. Israel supported the principle of self-determination and the right of people to govern themselves in every region, the Middle East included. With regard to the Palestinians, Israel had recognized more than 20 years ago, in the framework of the Camp David accords, the legitimate right of the Palestinian people and their requirements. Through the Oslo process, Israel and the Palestinians had agreed to recognize their mutual legitimate political rights. All this was to be achieved within the framework of peace negotiations aimed at a permanent solution to the conflict.
Not very long ago, Israel and the Palestinians had been negotiating outstanding permanent_status issues, among them the future status of the territories under dispute. Negotiations broke off as a result of the violence initiated by the Palestinians. Once the violence ended, peace talks were bound to resume. The draft resolution before the Commission preempted the outcome of the permanent-status negotiations and would only undermine attempts at reaching a successful conclusion to the negotiations.
NABIL RAMLAWI (Palestine) said the subject of the right to self-determination of the Palestinian people was at the crux of the problem in the Middle East. This resolution was the only means for providing peace for the people of Palestine. The right to self-determination could not be negotiated or bargained upon. Who ever gained the right to self-determination through negotiations with his enemies?
Negotiations between Palestine and Israel had been about the withdrawal of forces, not about self-determination. Everyone had seen on television the shooting of bullets by the Israeli forces. The resolution was the starting point for solving the problem. When the Palestinian people were freed of Israeli occupation, then they could truly enjoy their rights.
ANTONIO ARENALES FORNO (Guatemala) said the country recognized the Palestinians’ right to self-determination. But enjoyment of the right required concluding agreements with the Israeli Government. The Jewish people should not be undermined. This could lead to vulnerability of the rights of the Jewish people, and only through the negotiating table could agreements be drawn up. In voting against the resolution, Guatemala was not denying the right of self-determination of the Palestinian people, but reaffirming the right to self-determination of the Jewish people.
SHIRIN TAHIR-KHELI (United States) said the US was opposed to resolution L.4 because it attempted to prejudge final-status issues that the two parties had agreed would be reserved for bilateral negotiations. Adoption of the resolution would not help break the tragic cycle of violence under way in the region. The parties themselves must do that. Nor would it bring the just, lasting and comprehensive peace longed for by all. The road to peace would begin with difficult decisions that the parties had to take. In truth, United Nations texts such as the one before the Commission risked diminishing the prospects for peace in the Middle East. Repeated year after year, they simply did not reflect the complexities of the situation.
In a resolution on the use of mercenaries as a means of violating human rights and impeding the exercise of the right to self-determination (E/CN.4/2001/L.5), adopted by a roll-call vote of 35 in favour to 11 against, with 6 abstentions, the Commission urged all States to take the necessary steps and to exercise the utmost vigilance against the menace posed by the activities of mercenaries and to take legislative measures to ensure that their territories and other territories under their control, as well as their nationals, were not used for the recruitment, assembly, financing, training and transit of mercenaries, or for the planning of activities designed to impede the right to self-determination, to overthrow the Government of any State, or dismember or impair the territorial integrity or political unity of sovereign and independent States; called upon all States to consider signing or ratifying the relevant international Convention; welcomed the adoption by some States of national legislation that restricted the recruitment, assembly, financing, training and transit of mercenaries; invited States to investigate the possibility of mercenary involvement whenever and wherever criminal acts of a terrorist nature occurred; and decided to renew the mandate of the Special Rapporteur on the use of mercenaries for a further three years.
The result of the vote was as follows:
In favour (35) : Algeria, Argentina, Brazil, Burundi, Cameroon, China, Colombia, Costa Rica, Cuba, Democratic Republic of the Congo, Ecuador, Guatemala, India, Indonesia, Kenya, Libyan Arab Jamahiriya, Madagascar, Malaysia, Mauritius, Mexico, Niger, Nigeria, Pakistan, Peru, Qatar, Russian Federation, Senegal, South Africa, Swaziland, Syrian Arab Republic, Thailand, Uruguay, Venezuela, Viet Nam and Zambia.
Against (11) : Belgium, Canada, Czech Republic, Germany, Japan, Latvia, Norway, Poland, Romania, United Kingdom and United States.
Abstention (6) : France, Italy, Portugal, Republic of Korea, Saudi Arabia and Spain.
MARIE GERVAIS-VIDRICAIRE (Canada) said Canada supported Palestine's desire for self-determination, but while the right to a State was implicit, the interest of the Palestinians, and the peoples of the region as a whole, would best be served if this were done through the negotiating process.
JEAN-MARIE NOIRFALISSE (Belgium), speaking on behalf of the European Union and the countries associated with it, said the EU supported resolution L.4. The EU reaffirmed the right of the Palestinians to self-determination. The EU did not believe that the draft resolution prejudged the outcome of permanent-status issues. The creation of a sovereign, democratic and viable Palestinian State would be the best guarantee of Israel's security and its acceptance in the region. The parties were urged to engage in a constructive dialogue. A solution to the conflict could found only through peaceful negotiations based on the principle of land for peace.
SHIRIN TAHIR-KHELI (United States), explaining its vote after the vote, said the issue of mercenaries should be discussed before the Security Council in New York.
JEAN-MARIE NOIRFALISSE (Belgium), speaking on behalf of the European Union, said the EU was concerned about the dangers of mercenaries, and it strongly condemned all instances of mercenary activities. But the EU believed the Commission was not the right forum for dealing with the matter of mercenary activities. It had doubts about whether the High Commissioner for Human Rights should be asked to devote priority attention to the subject. While recognizing the numerous dangers caused by mercenary activities, the EU doubted that the use of mercenaries should be dealt with primarily as a human-rights problem and as a threat to the right of peoples to self_determination. The EU would continue to participate actively, and in the appropriate fora, in the dialogue with interested States on ways to curb the threats posed by mercenary activities.
Statements
PAULO SERGIO PINHEIRO, Special Rapporteur to the situation of human rights in Myanmar, said his principal reference in fulfilment of his mandate was and would always remain the promotion of best interests of the victims of human-rights violations. There would be no failure to speak very clearly about the situation of human rights in Myanmar. Reporting would be done in an independent, objective, fair and transparent manner under the terms of the fact-finding mandate. A voice would be offered to the people and civil society of Myanmar, presenting their allegations to the Government and requesting effective action to provide redress and prevent further violations. This was a difficult and challenging mandate. But judging by signs of changes reported by a number of observers in recent months, it appeared that the country was currently about to enter a new phase which the Commission and the international community must acknowledge and act upon.
Reliable sources said authorities had accepted previous independent observations and some improvements had been made in prisons, the Special Rapporteur said. He was also noted that the Government had released from detention a number of members of the political opposition. During his visit to the country, an opinion was expressed to the Government that there was an urgent need to consider the release of the old, the mentally disturbed and those prisoners whose sentences had reportedly already expired. The Government gave assurances that it would give due consideration on a case-by-case basis. The best hopes for government reforms in Myanmar required a mix of long-term strategies and immediate steps. Among those -- and they had been conveyed to the Government -- were realization of freedom of expression and assembly, the early release of political prisoners, liberalization of the media, and strengthening of civil society and the right to participation in public life. Those initiatives would contribute to the process of confidence_building in the country.
DJELY KARIFA SAMOURA, of African Commission of Health and Human Rights Promoters, said that different approaches to human-rights protection had appeared during the current session of the Commission between the delegations and non-governmental organizations of the North and South. They also had appeared in previous sessions of the Commission. The number of exercises of the right of reply could attest to that. The delegations and NGOs of the North could be assured that the delegations and NGOs of the South were also appalled by the human-rights violations addressed to the Commission. The NGOs of the South were more solid towards their peoples who were exposed to grave human rights violations in their respective countries. The family members of NGOs in the South suffered when Governments had recourse to repression and they also suffered when political opponents used terrorism against Governments.
The African Commission had been assisting victims of torture on the African continent in 18 countries by implementing programmes of rehabilitation. The United Nations Fund for Victims of Torture had been helping the Commission in its efforts. The African Commission was also running prevention programmes against torture.
HAMID REZA ESHAGHI, of New Human Rights, said that on the personal instructions of Khomeini, 30,000 political prisoners and sympathizers of the Mujahideen had been summarily executed in Iran between August 1988 and March 1989. In his report to the 55th session of the Commission, Special Representative Galindo Pohl confirmed that he had received information from different sources concerning this "wave of executions of political detainees". The Commission in its resolution 1989/66 expressed its deep concern about information according to which a wave of summary executions had taken place in Iran between July and December 1988. All leaders of the mullah regime, including those who currently held key positions at the head of State, had been directly involved in the massacre, which constituted a perfect example of a crime against humanity.
The Commission was urged to invite the Special Representative to study the case and submit a report at the next session of the Commission. The international community had to assume its responsibility by setting up an international tribunal to prosecute and charge all those responsible for the massacre
KEITH BENNET, of Afro-Asian People's Solidarity Organization, said one of the greatest gifts of nature to mankind was the ability to think cogently and to express one's thoughts and aspirations through a variety of mediums such as the spoken word, the written word, painting and music, to name a few. Since the freedom of expression was an essential prerequisite for a complete and fulfilling life, serious attention should be paid to it, and its associated right of free choice, without which civil and political rights had no meaning. Totalitarian states, which sought to fashion society according to certain controlled norms, had been infamous for their persecution of those who indulged in free expression. Communist states and dictatorships attacked the media because they believed that if people were allowed to freely express their views, then the elites' hold on power would be undermined.
But the genius of mankind was such that the innate urge for free and uncontrolled expression itself found new mediums. Witness the creation of the internet and its evolution into an instrument that even totalitarian states had found impossible to blunt. It was the desire to be free that made people revolt sooner or later against systems that denied basic freedoms. Those who revolt raised the flag of democracy for its universally-acknowledged that only a democratic polity permitted complete freedom of expression. One only needed the humility to acknowledge that each human being was unique with his or her own thoughts, his or her own views and aspirations. If society was to allow each individual to fulfil his or her destiny, then it must allow the basic rights of free expression and choice so that systems and structures evolved from the sum total of people's aspirations. Then and only then could mankind progress without hiccups and leave for future generations a more aware and more tolerant planet.
CAROLINA PARDO FRANCISCO, of Franciscans International, said that when impunity allowed acts of totalitarian authority in a given country, there was no peace without the exposure of the truth. The impunity regime in Colombia had destroyed the possibility of constructing a peaceful society there. The activities of paramilitary groups had been alarming; and the groups had perpetuated the impunity regime in the country. The Colombian Ombudsman had stated that paramilitary activity was widespread.
In recent years, the activities of paramilitary units had increased by 81 per cent. Most serious cases of human-rights violations passed through the military courts, which denied justice to the victims. The Special Rapporteur on extra-judicial killings and arbitrary executions had reported that the continuation of impunity was one of the main causes for human-rights violations in Colombia. The Special Rapporteur should follow developments in the country and report to the Commission. It was vital that the international community play an important role in preventing impunity in Colombia.
KEE WATCHMAN, of International Indian Treaty Council, said the inhabitants of the community of Cactus Valley Red Willow Springs in the United States had been subjected for over 30 years to confiscation of their livestock, rules preventing them from building homes or even maintaining the homes they had, continuous police harassment, harsh restrictions on their freedom of religion and the threat of forcible eviction from the lands that their clans had called home for thousands of years.
Lately, strong rumours had been circulating to the effect that Peabody Coal Company still wanted their rich and low-sulphur coal. These rumours only reaffirmed their intuition of why they had been faced with this forced-relocation policy by the United States Government. As well, the Hopi Tribal Council recently gave permission to construct a cellular tower on the very peak of their shrine without any consultation. This desecration of their Holy Mountain only added further insult to a deep injury caused by the forced- relocation policy. The United States far from protecting their rights, as was promised in the Treaty of 1868, and was in fact the major violator of their rights.
MOHAMMAD YASIN, of World Muslim Congress, said the dawn of a new Millennium was being characterized by increased globalization. This globalization was manifest in increased economic interaction between human beings of the world as well as a common value system which transcended national boundaries. One important component of this value system was respect for human rights. However, some States continued to blatantly disregard the human rights of their subjects. Torture and other cruel, inhuman or degrading treatment or punishments were the favoured method of States which had forcibly occupied territories and were holding the people against their will. In such situations, torture and other forms of cruel punishment were systematically practiced to silence opposition or resistance, even if that resistance was peaceful and political.
In the case of occupied Jammu and Kashmir, torture by Indian agencies was widespread and practiced as part of a deliberate campaign of repression to force the Kashmiri people into submission. The U.S. State Department Report on Human Rights Practices for 2000 said the Indian army conducted cordon-and-search operations in Muslim neighbourhoods and villages, detained young men, assaulted other family members, and summarily executed suspected militants. Most of the young men were rounded up in search-and-cordon operations and taken to interrogation centers where they were tortured. Some were even tortured to death. The Commission should act to bring about an end to such inhuman practices and hold those individuals who committed these crimes, and States that sanctioned them, accountable for their actions.
FATIMETOU MOFDH SIDI, of International Youth and Student Movement for the United Nations, said Western Sahara was one of the regions most infested with landmines in the world, with the Morocco playing a role in that situation. The effect of an electrified wall built by Morocco around the people of Western Sahara should be studied by the Commission. The electrified fence was 2,500 kilometres long and three metres high.
In 1975, part of the people of Western Sahara had been forced to flee into exile in order to escape bombardments and the advance of Moroccan troops invading Western Sahara. The media blackout of Western countries had profited the Moroccan authorities in their continuing occupation of the region.
JAVIER LABRADA ROSABAL, of Centro de Estudios Sobre la Juventud, said one of the arguments used by the United States to accuse Cuba of violations of human rights was that there was no democracy in Cuba. In its campaign of slander against the Cuban revolution and denigration of the Cuban political system, the United States described Cuba as the only undemocratic country in the Western hemisphere. The anti-Cuban rethoric by Washington sometimes became revealing, since it occurred when the US acknowledged that it wanted Cuba to have a representative democracy and a market economy, and in moments of unique frankness the formula was abbreviated to “market democracy”.
The United States also tried to hide the fact that since 1958 the US Government had created, organized, headed, trained and financed the so-called Cuban opposition inside and outside of Cuba. A 1991 report by the State Department proved the close ties between the United States and the Batista tyranny, its murderers, torturers and thieves who fled Cuba -- all of whom, in the name of representative democracy, committed the most serious systematic and massive human rights violations between 1952 and 1958.
MANDELA EVELYN, of Women's International League for Peace and Freedom, said killings in the name of so-called honour or passion constituted one of the worst forms of extrajudicial execution. The organization commended the work of the Special Rapporteur on extrajudicial, summary or arbitrary executions because she addressed these violations of the right to life of women. It called upon the Commission to ask the Subcommission on the Promotion and Protection of Human Rights to write a working paper surveying the incidence of honour or passion killings of women, to analyse State obligations, and to describe the impact of these crimes on the human rights of women.
The Commission should also pay attention to domestic violence in relation to the Convention against Torture. The WILPF called the Commission's attention to the reality that rape in marriage was known to exist in every region in the world. The term "domestic" minimized the seriousness of this crime, and instead put forth a purported justification for the perpetrator’s action. This form of violence against women fulfilled the definition of torture, as defined in the Convention. It involved serious bodily and psychological harm. It was used to punish a woman, or to force her to do what the perpetrator wished. When the State failed to protected women from so_called domestic violence, it failed in its obligations. The Commission should direct the Special Rapporteur on torture to study and report on State policies on "domestic" violence.
CAO SHENGJIE, of All-China Women's Federation, said she always heard the West blaming China for "religious intolerance"; and it was an unfair charge. Such persecution had only existed during the cultural revolution, when all religious activities were forbidden. Since 1979, the situation of freedom of religion in China had improved; and the social atmosphere was favourable for the growth of religions. However, religious believers were a minority of the population. The West always had attacked China on religious intolerance.
For its part, the Falun Gong was an evil cult which stole and distorted some religious notions and terms to fabricate its fallacies. It was not a religion and did not fall into the category of enjoying religious freedom. The main reason for banning it was because of its harmful social effects. China's decision to outlaw the Falun Gong was on the basis of guaranteeing religious freedom, of protecting people from its serious harm. It was absolutely not a violation of human rights, but a step to maximize the protection of human rights.
ABBOT SHENG HUI, of United Nations Association of China, said that love of peace had been the humanistic spirit of China for thousands of years. In today's China, the harmonious coexistence of religions had entered a new phase. Religious freedom was included in the Constitution. Protected by law, everyone fully enjoyed freedom of religion. In the current world, not all places were bathed in peaceful sunshine; wars and poverty still went on rampantly; human beings still suffered from unbearable pain. Much violence and crime was being committed in the name of religion
Moreover, there were evil cults, which stole religious terms and notions to fight against religion under the name of religion, to cheat their followers, and to plot to take their property and hurt their lives. One such example was the Falun Gong, a cult which had caused the deaths of more than 1,000 people.
SUN ZHONGHUA, of China Disabled Persons Federation, said the aim of the organization was to protect and promote the human rights of disabled persons so that they could participate in society and share the benefits of economic development. In China, there were 16 million persons with some sort of disability. The organization had participated in the drafting of a law that protected disabled peoples' rights. It had helped design codes to make buildings accessible to disabled people.
Preferential policies had been formulated and implemented at various levels for disabled persons, such as free transportation and free postage for braille reading materials. The organization coordinated with the media to run public-affairs programmes to educate the public about disabled people. The third Sunday of every May was proclaimed as a day to help disabled people.
YOU XUEYUN, of China Society for Human Rights Studies, recalled that China had signed the International Covenant on Civil and Political Rights in October 1998, and had signed the Convention against Torture and had fulfilled the obligations stipulated by that instrument. In recent years, the Chinese legislature had revised criminal law and criminal procedure law, administrative procedure law and state compensation law. Those laws prevented criminal suspects, accused persons and prisoners from arbitrary detention or arrest, and torture or cruel, inhuman or degrading treatment or punishment although there was much room for improvement in the implementation of those laws.
It was regrettable that the United States continued to make unwarranted attacks against other countries' human-rights records but kept silent about its own human-rights abuses, including torture by the police and ill-treatment of prisoners. Each year, there were thousands of accusations of police abuse in the United States, and police officers who violated the law were rarely punished.
NIGEL RODLEY, Special Rapporteur on torture, addressed criticism raised by several delegations, namely that fact that he had not sought to visit the occupied territories of Palestine pursuant to the mandate contained in Special Session resolution 5-5/1. The Rapporteur said that contrary to what some had alleged in the Commission, he had certainly not taken the position that there was no torture committed by Israel, and he invited anyone who was interested to read entries on Israel in his annual reports, including the current one.
Rights of reply
A Representative of Tunisia, speaking in right of reply, said some NGOs had made groundless accusations against Tunisia. With regard to overcrowding in prisons, prisons were places of re-education and rehabilitation to prepare inmates for re-entrance into society. Prison guards were educated in preventing torture. The allegation of impunity for prison officials was groundless. Since 1992, the chairman of the Committee on Human Rights in Tunisia was required to make unannounced visits to prisons, and to draft a report that was submitted to the President. Tunisia was committed to the promotion and protection of human rights.
A Representative of Senegal, responding to a statement made by International Federation of Human Rights, said that on 3 February 2000, the former Chadian President Hissene Habre, who was living in Senegal as a refugee, had been indicted and placed under house arrest by the Dean of judges. However, the penal procedure opened against the former President had been nullified by the Court on the basis that his indictment had no foundation. The allegations attributed to Hissene Habre had been committed outside Senegal. Senegalese criminal law had no jurisdiction on crimes committed abroad.
A Representative of Iraq, speaking in right of reply, said that allegations made concerning the treatment of Kurds and Shi'ith in Iraq were groundless. The organization in question was supported by a foreign source. Iraq ensured the rights of members of all groups, as evidenced in its report to the Commission.
A Representative of Tanzania, in a right of reply, said an NGO had blamed the Tanzanian police for using force during illegal demonstrations. Many of the people killed that day were not demonstrating peacefully, and they were armed. They wanted to take over police stations. One brutally chopped off the head of a policeman with a machete. Let the distinguished NGO representative picture a situation where the arms of the police fell into the hands of those protestors. How many deaths would have happened then?
A Representative of Morocco, replying to the statement by the International Youth and Student Movement for the United Nations, said the NGO had given a fantasy story on the Western Sahara and its evolution. In addition, the representative of that NGO should read the Bible on landmines -- the Landmines Report 2000 -- which was very eloquent on the issue of landmines, particularly concerning Morocco. Morocco had made laudable efforts to create a secure environment for the population of the region. The landmines laid down by the Moroccan Army had been removed and destroyed.
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