COMMISSION ON HUMAN RIGHTS ADOPTS RESOLUTIONS ON SITUATIONS IN SOUTH-EASTERN EUROPE, AFGHANISTAN, IRAQ, MYANMAR AND CUBA

Commission on Human Rights
57th session
18 April 2001
Evening






Extends Mandates of Special Rapporteurs for Afghanistan,
Iraq and Myanmar, Approves New Post of
Special Representative on Bosnia and Herzegovina, Yugoslavia


The Commission on Human Rights this evening adopted resolutions on the situation of human rights in parts of south-eastern Europe, Afghanistan, Iraq, Myanmar and Cuba

In a resolution on human rights in parts of south-eastern Europe, adopted by a roll-call vote of 41 for, none against and with 11 abstentions, the Commission noted that varying degrees of progress had been made in the human rights situation in all States and by all parties to the peace agreement, but that additional efforts were required in several areas. It stressed the need for enhanced international efforts to foster and effect the prompt and voluntary return of displaced persons in safety and dignity, and condemned all trafficking in persons. The Commission also thanked the Special Rapporteur for his efforts and requested the Chairperson of the Commission to appoint for one year a Special Representative of the Commission to examine the situation of human rights in Bosnia and Herzegovina and the Federal Republic of Yugoslavia.

On the situation of human rights in Afghanistan, the Commission adopted a resolution without a vote in which it strongly condemned the mass killings and systematic human rights violations against civilians and persons deprived of their liberty for reasons related to the armed conflict and noted with alarm the resumption by the Taliban of a wider conflict during the past summer, resulting in the massive forced displacement of the civilian population. It also noted with deep concern the continuing pattern of human rights violations in Afghanistan and the continuation of armed hostilities and the complex nature of the conflict, including its ethnic, religious and political aspects, which had resulted in extensive human suffering and forced displacement. The continuing grave violations of the human rights of women and girls were condemned, and all Afghan parties were urged to respect fully all human rights. The Commission decided to extend the mandate of the Special Rapporteur for one year.

Concerning the situation of human rights in Iraq, approved by a roll-call vote of 30 in favour, 3 against and with 19 abstaining, the Commission strongly condemned the systematic, widespread and extremely grave violations of human rights and international humanitarian law by the Government of Iraq, resulting in all-pervasive repression and oppression sustained by broad-based discrimination and widespread terror. The Commission urged the Government to continue to cooperate in the implementation of Security Council resolutions and to ensure fully the timely and equitable distribution, without discrimination, to the Iraqi population, including in remote areas, of all humanitarian supplies purchased under the oil-for-food programme, in order to address effectively the needs of persons requiring special attention. It also urged the Government to further facilitate the work of United Nations humanitarian personnel in Iraq by ensuring the free and unobstructed movement of observers throughout the country. The Commission decided to extend for another year the mandate of the Special Rapporteur on the situation in Iraq.

In a resolution on the situation of human rights in Myanmar, adopted without a vote, the Commission welcomed the initiation of contacts between the Government and Aung San Suu Kyi, Secretary-General of the League for Democracy, and hoped that such talks would be extended to include, among others, representatives of ethnic minorities, and welcomed the release from detention of a number of democratic political activists. The Commission expressed grave concern at the systematic policy of the Government of Myanmar of persecuting the democratic opposition, National League for Democracy members and their families, as well as ethnic opposition parties, and at the use by the Government of intimidatory methods. It deplored the deterioration of the human rights situation and the continuing pattern of gross and systematic violations of human rights in Myanmar, including extrajudicial, summary or arbitrary executions, enforced disappearances, rape, torture, inhuman treatment, mass arrests, forced labour, forced relocation and denial of freedom of assembly, association, expression and movement. The Commission decided to extend the mandate of the Special Rapporteur on the situation in Myanmar for one year.

With regards to the situation of human rights in Cuba, the Commission approved a resolution by a roll-call vote of 22 in favour, 20 against and with 10 abstaining, in which it called once again upon the Government of Cuba to ensure respect for human rights and fundamental freedoms and to provide the appropriate framework to guarantee the rule of law through democratic institutions and the independence of the judicial system. The Commission noted certain measures taken by Cuba to enhance freedom of religion and called upon the Cuban authorities to continue taking appropriate measures in this regard. It stressed its deep concern about the continued repression of members of the political opposition and about the detention of dissidents and all other persons detained or imprisoned for peacefully expressing their political, religious and social views and for exercising their right to full and equal participation in public affairs, and called upon the Government of Cuba to release all those persons.

The Commission also adopted a resolution on cooperation with representatives of United Nations human-rights bodies.

The Commission will resume its work at 10 a.m. on Thursday, 19 April, to continue its consideration of the promotion and protection of human rights, its agenda item which reviews status of the international covenants on human rights, human rights defenders, information and education, and science and the environment.

Action on resolutions under the question of the violation of human rights and fundamental freedoms in any part of the world

In a resolution (E/CN.4/2001/L.14) adopted by consensus on cooperation with representatives of United Nations human-rights bodies, the Commission urged Governments to refrain from all acts of intimidation against those who sought to cooperate or had cooperated with representatives of UN human-rights bodies or who had provided testimony or information to them; those who availed or had availed themselves of procedures established under UN auspices for the protection of human rights and fundamental freedoms and all those who had provided legal assistance to them for this purpose; those who submitted or had submitted communications under procedures established by human-rights instruments; and relatives of victims of human-rights violations; requested all representatives of UN human-rights bodies, as well as treaty bodies monitoring the observance of human rights, to continue to take urgent steps to help prevent the hampering of access to UN human-rights procedures in any way; and requested all such representatives and treaty bodies to continue to take urgent steps to help prevent the occurrence of such intimidation and reprisals.


In a resolution (E/CN.4/2001/L.17) on human rights in parts of south-eastern Europe, adopted by a roll-call vote of 41 for, none against and with 11 abstentions, the Commission noted the opportunities afforded by the Stability Pact for South-Eastern Europe; noted that varying degrees of progress had been made in the human rights situation in all States and by all parties to the peace agreement, but that additional efforts were required in several areas; stressed the crucial role of respect for human rights and fundamental freedoms in the successful implementation of the peace agreement; encouraged the international community to continue providing voluntary contributions to meet the region's pressing needs; stressed the need for enhanced international efforts to foster and effect the prompt and voluntary return of displaced persons in safety and dignity; condemned all trafficking in persons; urged all States and parties to the peace agreement to meet their obligations to cooperate fully with the International Criminal Tribunal for the Former Yugoslavia; urged all States and the Secretary-General to support the Tribunal, in particular by helping to ensure that victims and witnesses testifying against persons indicted by the Tribunal were given adequate protection; encouraged all States and parties in the region to provide information through the tracing mechanisms of the International Committee of the Red Cross on all persons unaccounted for, and to cooperate fully with the ICRC in its efforts to determine their identities, whereabouts and fate; and welcomed the establishment of the Missing Persons Institute in Sarajevo.

The resolution noted some progress by Bosnia and Herzegovina on implementation of the peace agreement, welcomed the establishment of State-level and Federation governments comprised of non-nationalist parties in Bosnia and Herzegovina for the first time since 1992, and strongly condemned both the attempt of the Croatian Democratic Union extremists to undermine legitimately elected and constitutional bodies, as well as recent violent attacks by Bosnian Croat extremists in Mostar and other places against representatives of the international community; noted progress on refugee returns in Bosnia and Herzegovina; condemned the continued harassment of returning minority refugees and internally displaced persons; condemned recurrent instances of religious discrimination and the denial to persons belonging to religious minorities of their rights to practice their faiths and rebuild religious sites in Bosnia and Herzegovina and called upon the authorities to promote freedom of religion; and called upon the authorities of Bosnia and Herzegovina to establish a fully staffed and funded judiciary which effectively protected the rights and fundamental freedoms of all citizens, to adopt an effective and fair election law, to cooperate fully with the International Criminal Tribunal, in particular for the apprehension of former Repulika Srpska President Radovan Karadzjic and former Bosnian Serb General Ratko Mladic, to promote an independent media, and to stem the flow of illegal immigration and trafficking in human beings.

The resolution also welcomed the political change undertaken by the democratically elected Government of the Federal Republic of Yugoslavia; further welcomed the commitment of, and encouraged the efforts by, the new democratic Government of the Federal Republic of Yugoslavia to investigate past abuses of human rights; called upon all authorities of the Federal Republic of Yugoslavia to respect the rights of all persons belonging to any of its national or ethnic, religious and linguistic minorities; welcomed the commitment of the Federal Republic of Yugoslavia to cooperate with the International Criminal Tribunal; expressed its concern at the continued detention in Serbia of political prisoners of Kosovar Albanian or other origins; strongly condemned extremist violence in certain municipalities in southern Serbia; and urged the Montenegrin authorities fully to respect accepted democratic norms in connection with parliamentary elections of 22 April 2001.

The resolution condemned all violations of human rights in Kosovo that had affected all ethnic groups in Kosovo and condemned the perpetuation of violence and intimidation against ethnic minorities and other acts designed to discourage the voluntary return of displaced persons; urged all ethnic leaders in Kosovo to take concrete action at the community level to prevent ethnic violence; stressed the urgent need for all to recognize and cooperate with the United Nations Interim Administration Mission in Kosovo and the Kosovo Force in building common institutions, especially an independent and impartial judicial system; called upon Kosovar Albanian political leaders and leaders of the Albanian community in southern Serbia to publicly condemn violence and ethnic intolerance and to use their influence to block support for extremists in southern Serbia and in the former Yugoslav Republic of Macedonia as a means to secure peace and the protection of human rights; noted with concern continued ethnic violence, particularly in Mitrovica, and called on all sides to end politically and ethnically related violence; urged all parties in Kosovo to support and strengthen a multi-ethnic and democratic society; welcomed progress concerning the establishment of provisional self-governing institutions and the rule of law in Kosovo; thanked the Special Rapporteur for his efforts; and requested the Chairperson of the Commission to appoint for one year a Special Representative of the Commission to examine the situation of human rights in Bosnia and Herzegovina and the Federal Republic of Yugoslavia.

The result of the roll-call vote was as follows:

In favour (41): Algeria, Argentina, Belgium, Brazil, Burundi, Canada, Colombia, Costa Rica, Czech Republic, Ecuador, France, Germany, Guatemala, Indonesia, Italy, Japan, Kenya, Latvia, Liberia, Malaysia, Mauritius, Mexico, Niger, Norway, Pakistan, Peru, Poland, Portugal, Qatar, Republic of Korea, Romania, Saudi Arabia, Senegal, South Africa, Spain, Swaziland, Thailand, the United Kingdom, Uruguay, the United States and Venezuela.

Against: None

Abstentions (11): Cameroon, China, Cuba, India, Libyan Arab Jamahiriya, Madagascar, Nigeria, the Russian Federation, Syrian Arab Republic, Viet Nam and Zambia.

A Representative of the Federal Republic of Yugoslavia said that resolution L.17 should contribute to promote respect for human rights and the rule of law in the countries of the region. The Federal Republic of Yugoslavia appreciated efforts to introduce changes in the draft resolution with a view to make it reflect the situation on the ground. While the paragraph on the Federal Republic of Yugoslavia had been modified, his country had expected this year's resolution to reflect more realistically the profound developments in the field of human rights in the country over the past six months. Although the resolution reaffirmed the territorial integrity and sovereignty of the Federal Republic of Yugoslavia and other countries of the region, his delegation felt this could have been done more explicitly.

A Representative of the Russian Federation said his country would abstain on L.17. The Russian Federation considered that the draft was not well-balanced and did not reflect the real situation of human rights on the territory in question. Further, the authors had refused to include in the draft matters included in the conclusions of the Helsinki Act. The Kosovo section of the text raised real doubts about whether it reflected the real situation on the ground. The Russian Federation also was very concerned that the resolution did not clearly condemn the separatist movements whose activities were destabilizing the situation in the Balkans. The Russian Federation also did not agree with the authors that the mandate of the Special Rapporteur should be ended and that the activities of the Special Representative to be appointed should be restricted to the territories of the Federal Republic of Yugoslavia and Bosnia and Herzegovina.

A Representative of China said his delegation attached importance to L.17 which concerned the situation in south-eastern Europe. However, the draft was not balanced.


In a resolution (E/CN.4/2001/L.18) on the situation of human rights in Afghanistan, adopted without a vote, the Commission strongly condemned the mass killings and systematic human rights violations against civilians and persons deprived of their liberty for reasons related to the armed conflict and noted with alarm the resumption by the Taliban of a wider conflict during the past summer, resulting in the massive forced displacement of the civilian population; condemned all interference with the delivery of humanitarian relief supplies and the substantial restrictions introduced by the Taliban on the operations of the United Nations and NGOs, and called on all Afghan parties to ensure safe and unimpeded access for and to facilitate the delivery of humanitarian assistance; noted with deep concern the continuing pattern of human rights violations in Afghanistan; the continuation of armed hostilities and the complex nature of the conflict, including its ethnic, religious and political aspects, which had resulted in extensive human suffering and forced displacement; noted with deep concern the markedly increased flow and the continued displacement of millions of Afghan refugees to Pakistan, Iran and other countries, and urged the international community to make funds available commensurate with the scale and severity of the problem; and the sharp deterioration of the humanitarian situation in Afghanistan, in particular in the Shamali Plains, the Panjshir Valley and the north-east of the country, and called for the full implementation of the agreement on the security of United Nations personnel in Afghanistan.

The resolution also noted with deep concern the recent reports, which had been denied by the Taliban, of summary executions of prisoners in areas held by the Taliban, in the north of Afghanistan and in Samangan Province, and called upon the Taliban to cooperate with the Special Rapporteur in fully investigating these allegations; condemned the widespread violations and abuses of international human rights and humanitarian law, including the rights to life, liberty and security of person, freedom from torture and other forms of cruel treatment, freedom of opinion, expression, religion, association and movement, and the conscription or enlistment of children or their use as participants in hostilities in violation of international standards; the continuing grave violations of the human rights of women and girls; the frequent practice of arbitrary arrest and detention and of summary trials, which had resulted in summary executions, throughout the country; the violations by the Taliban in Kandahar of United Nations immunity granted by the October 1998 agreement, which compelled the United Nations to stop work in the area; the delay in the trial of the alleged murderers of officials of the United Nations Special Mission to Afghanistan killed in Afghanistan in 1998 while on duty, and urged the Taliban promptly to set up the relevant legal proceedings; and reiterated its condemnation of the killing of Iranian diplomats and the correspondent of the Islamic Republic News Agency by the Taliban and the killing of United Nations personnel in Taliban-held territories of Afghanistan, and called upon the Taliban to fulfil its stated commitment to cooperate in urgent investigations of these heinous crimes and to bring those responsible to justice;

The Commission, in its resolution, also stressed the need for national reconciliation and for the establishment of the rule of law, good governance and democracy in Afghanistan; the need for humanitarian assistance from the international community as a means of averting further deterioration of the humanitarian situation; urged all States to respect the sovereignty, independent territorial integrity and national unity of Afghanistan, to refrain from interfering in its internal affairs and to end immediately the supply of arms, ammunition, military equipment, or any other military support, to all parties to the conflict; urged all the Afghan parties to respect fully all human rights; to cease hostilities immediately; to reaffirm publicly their commitment to international human rights and principles; to respect fully international humanitarian law, to protect civilians, to halt the use of weapons against the civilian population, to refrain from the wanton destruction of food crops and civilian property, and to stop the laying of landmines; to prohibit the conscription or enlistment of children or their use in hostilities; to provide efficient and effective remedies to the victims of grave violations of human rights; to fulfil their obligations and commitments regarding the safety of all personnel of diplomatic missions, the United Nations and other international organizations and NGOs; and urged all the Afghan parties to treat all suspects and convicted or detained persons in accordance with relevant international instruments and to refrain from arbitrary detention of any person.

The resolution also urged the Taliban to avoid any discrimination on the basis of ethnic origin against people wishing to leave the country and seek asylum abroad; urged all Afghan parties, and in particular the Taliban, to bring to an end without delay all violations of the human rights of women and girls; to ensure the repeal of all legislative and other measures which discriminated against women and girls; to ensure the effective participation of women in civil, cultural, economic, political and social life throughout the country; respect for the equal right of women to work; the equal right of women and girls to education; respect for the equal right of women and girls to security of person and that those responsible for physical attacks on women and girls be brought to justice; respect for the freedom of movement of women and girls; respect for effective and equal access by women to the highest attainable standard of physical and mental health; called upon the United Front and the Taliban to fulfil their stated commitment to cooperate with investigations of mass killings of persons deprived of their liberty for reasons related to the armed conflict; invited the Secretary-General to exert efforts to ensure a gender perspective in the selection of the staff of the United Nations Special Mission to Afghanistan in order to enhance the role of women in preventive diplomacy, peacemaking and peacekeeping; invited the Special Rapporteur to continue to pay special attention to the human rights of women and children; appealed to member States and to organizations and programmes of the United Nations system, and other relevant agencies and organizations to consider responding positively to the United Nations appeal for Afghanistan 2001; to intensify the programme for the removal of millions of anti-personnel mines laid in Afghanistan; to ensure that all United Nations-assisted programmes in Afghanistan were formulated and coordinated in such a way as to promote and ensure the equal participation of women in these programmes; strongly called upon the Taliban to abide by its previous commitments to protect Afghanistan's cultural heritage from all acts of vandalism, damage, and theft; and decided to extend the mandate of the Special Rapporteur for one year.

A Representative of Afghanistan said that the situation of human rights situation in Taliban-occupied areas of Afghanistan was well known. In the areas not under the Taliban control, rights of women were resected, schools were open, women could go to school and university, and there were medical centres for women. Afghanistan wished to go beyond the proposals included in the draft resolution and expressed its support for the establishment of a democratic regime in the country and equality between women and men. The international community was called upon to establish peace and to put an end to the suffering of the Afghan people.

A Representative of Pakistan said the negotiations on L.18 had been carried out with skill and patience, although in the end the assertions made in the resolution did not always reflect the realities on the ground. Quite apart from the posturing that was a part of the process of the Commission, Pakistan felt it was necessary to appeal to the international community to provide assistance to the suffering people of Afghanistan; the Afghan people required and deserved support. There had been years of civil war and foreign occupation, and recently there had been a severe drought. Pakistan continued to provide from its own meagre resources aid for not only Afghan refugees but for the Afghan people, but now Pakistan, too, was suffering from a drought; more international aid for Afghanistan was needed. The donor community must live up to its ideals of human rights rather than merely adopt resolutions.


In a resolution (E/CN.4/2001/L.19) on the situation of human rights in Iraq, approved with a roll-call vote of 30 in favour, to 3 against and with 19 abstaining, the Commission noted with dismay that there had been no improvement in the situation; strongly condemned the systematic, widespread and extremely grave violations of human rights and international humanitarian law by the Government of Iraq, resulting in all-pervasive repression and oppression sustained by broad-based discrimination and widespread terror; called upon the Government of Iraq to abide by its freely undertaken obligations under international human rights treaties and international humanitarian law to respect and ensure the rights of all individuals within its territory; to put an end to all summary and arbitrary executions and to ensure that capital punishment would not be imposed for crimes other than the most serious and would not be pronounced in disregard of international standards; to bring the actions of its military and security forces into conformity with the standards of international law, in particular those of the International Covenant on Civil and Political Rights; to cooperate with United Nations human rights mechanisms, in particular by inviting the Special Rapporteur to visit the country and allowing the stationing of human rights monitors throughout Iraq pursuant to the relevant resolutions of the General Assembly and the Commission; to establish independence of the judiciary and abrogate all laws granting impunity to specified forces or persons killing or injuring individuals for any purpose beyond the administration of justice as prescribed by international standards; to abrogate all decrees that prescribed cruel and inhuman punishment or treatment, including mutilation, and to ensure that torture and or other cruel treatment no longer occurred; and called on the Government of Iraq to abrogate all laws and procedures that penalized free expression.

The Commission, in the resolution, also called on the Government of Iraq to ensure that the genuine will of the people should be the basis of authority of the State; to ensure free exercise of political opposition and prevent intimidation and repression of political opponents and their families; to respect the rights of all ethnic and religious groups and to cease immediately its continued repressive practices, including the practice of forced deportation and relocation against the Iraqi Kurds, Assyrians and Turkmen, and against the population of the southern marshes; to cooperate with the Tripartite Commission and its Technical Subcommittee to establish the whereabouts and resolve the fates of the remaining several hundred missing persons, victims of the illegal Iraqi occupation of Kuwait; to cooperate further with international aid agencies and non-governmental organizations to provide humanitarian assistance and monitoring in the northern and southern areas of the country; to continue to cooperate in the implementation of Security Council resolutions and to ensure fully the timely and equitable distribution, without discrimination, to the Iraqi population, including in remote areas, of all humanitarian supplies purchased under the oil-for-food programme, in order to address effectively the needs of persons requiring special attention; to further facilitate the work of United Nations humanitarian personnel in Iraq by ensuring the free and unobstructed movement of observers throughout the country; and to cooperate in the identification of minefields with a view to facilitating their marking and eventual clearing. The Commission decided to extend for another year the mandate of the Special Rapporteur on the situation in Iraq.

The result of the roll-call vote was as follows:

In favour (30): Argentina, Belgium, Brazil, Canada, Colombia, Costa Rica, Czech Republic, Ecuador, France, Germany, Guatemala, Italy, Japan, Latvia, Mauritius, Mexico, Norway, Peru, Poland, Portugal, Republic of Korea, Romania, the Russian Federation, Senegal, South Africa, Spain, Swaziland, the United Kingdom, Uruguay and the United States.

Against (3): Algeria, Libyan Arab Jamahiriya and Nigeria.

Abstentions (19): Burundi, Cameroon, China, Cuba, Democratic Republic of the Congo, India, Indonesia, Kenya, Madagascar, Malaysia, Niger, Pakistan, Qatar, Saudi Arabia, Syrian Arab Republic, Thailand, Venezuela, Viet Nam and Zambia.

A Representative of Iraq said that the European Union had been persisting for years in submitting the draft resolution on Iraq. This year's draft resolution had as many defects as the previous ones. It lacked transparency and objectivity, and was unbalanced, unfair and selective in its dealing with the issue. It was quite obvious that the draft resolution was completely biased against his country with covert political purposes. It included no positive reference, and its language was a language of confrontation and condemnation rather than a language of dialogue. Iraq had already expressed clearly its opinion that the resolution was aimed at keeping the sanctions and imposing new unjust conditions and was another version of resolution 687 although Iraq had already observed its engagements as stated in this resolution while the Security Council had not due to the position held by the United States and Britain.

The Government of Iraq would like to affirm that the promotion of human rights in all fields needed an environment where security, peace and the application of the State of all its responsibilities prevailed, especially its sovereignty on its resources and fortunes to assure a natural life for its people. It also believed that the dialogue and cooperation between the members of the international community was the right way for the promotion of human rights in the world; and that the submission of politicized and selective draft resolutions targeting some States, most of which were developing countries, including Iraq, represented a flagrant violation of the noble principles of human rights.

A Representative of Kuwait said that the draft resolution was self explanatory. The attention of the Commission was drawn to an amendment to the resolution which referred to the reports by the Secretary-General which pointed out the continuing refusal of the Iraqi authorities to cooperate with his high-level Coordinator for missing Kuwaitis and third-country nationals and Kuwaiti property. Iraq continued to violate international law and systematically violated human rights. It did not comply with the implementation of Security Council resolutions, in particular resolution 1284. As indicated by the Secretary-General, violations of human rights were no longer considered an internal affair and the international community had the right to intervene. Iraq was called upon to abide by all relevant Security Council resolutions and release all Kuwaiti prisoners of war.


A Representative of the Russian Federation said that his delegation was in favour of peaceful settlement of the situation in Iraq. Because of the economic sanctions, the people of Iraq were dying. In addition, the daily bombing of the country was exacerbating the situation. The Russian Federation was in favour that Iraq use available mechanisms which would lead to peaceful settlement of the problem with regard to the issues pertaining to Kuwait.

A Representative of Algeria said that as indicated by all humanitarian organizations, the situation of the Iraqi people was very serious. Algeria regretted that the draft resolution made no reference to a report by UNICEF, according to which every day thousands of Iraqi children died. The question was whether the Commission wished to aggravate sanctions or preserve life. The issue of prisoners of war should be resolved through the appropriate mechanisms. The Commission was not the Security Council. It was the Iraqi people who suffered and this should be the main point. This was why Algeria would vote against L.19.

A Representative of Thailand said his country was concerned about the deterioration of the situation in Iraq. The living conditions of the Iraqi people had been reduced to the lowest in the region. It was now 10 years since hostilities had stopped, and it was time that the situation changed. The Government of Iraq should be encouraged to take further measures in order to improve the situation with the resources that were available.

A Representative of Libya said that her country would vote against L.19 for several reasons. The draft resolution was not balanced; it insisted on civil and political rights and ignored economic, social and political rights which were constantly violated in Iraq. Furthermore, the collective sanctions against the people of Iraq had not been applied to any other people. The draft resolution did not speak about the illegality of the embargo imposed on Iraq for the past 10 years which violated the sovereignty of Iraq. Nor did it speak about the daily aggression by American and British planes against Iraq. The draft resolution did not refer to the negative impact of depleted uranium on the health of Iraqis and the environment. For friendly relations to be established between Iraq and Kuwait, Iraq had to cooperate with the Technical Committee. Libya would therefore vote against L.19

A Representative of Qatar said the delegation affirmed the commitment of Qatar to Security Council resolutions, including the resolution calling for Iraq to release all remaining detained persons, including prisoners of war, and for Iraq to cooperate with the relevant Technical Committee in efforts to locate all remaining prisoners of war. However, Qatar had abstained on resolution L.19 because it did not pay sufficient attention to the sufferings of the innocent Iraqi people under the economic embargo imposed against the country. It was time for the international community to resolve this crisis, and a political solution was the best way to do so.

A Representative of Syria said that draft resolution L.19 was an attempt to divide Iraq. In this regard, Syria wished to reaffirm the territorial integrity of the country. The deployment of human rights monitors would interfere with the territorial sovereignty of Iraq. Furthermore, the resolution did not refer to the impact of the embargo on the people of Iraq. Syria abstained on the resolution since it believed that the Iraqi authorities must cooperate to find a solution to the question of Kuwaiti prisoners of war.

A Representative of Pakistan said his country had abstained on the resolution on Iraq, reflecting its consistent policy on issues where the opinions of Islamic States were divided. But Pakistan remained concerned over missing persons and Kuwaiti prisoners of war, and urged cooperation by Iraq with the Tripartite Committee and its Technical Subcommittee in efforts to determine the fate of the missing persons. Pakistan also would have preferred a clearer reference in the resolution to the difficult humanitarian situation being faced by the people of Iraq as a result of international sanctions against the country.

A Representative of Indonesia said his delegation abstained because the sanctions imposed against Iraq violated the human rights of the people, particularly children and women. The sanctions, which had resulted in the starvation of the population, could not attain the desired results. Instead, they had severely harmed the population. The sanctions were ineffective and were detrimental to the well-being of the people of Iraq. On the other hand, Iraq should cooperate with the Tripartite Committee concerning Kuwaiti and other third party prisoners.


In a resolution on the situation of human rights in Myanmar (E/CN.4/2001/L.20), adopted without a vote, the Commission welcomed the assistance of the Government of Myanmar in facilitating the recent exploratory visit by the newly appointed Special Rapporteur to Myanmar; welcomed the report of the Secretary-General on the visit of his Special Envoy to Myanmar and endorsed the appeal of the Special Envoy for the initiation of a process of dialogue that would lead to national reconciliation; welcomed the initiation of contacts between the Government and Aung San Suu Kyi, Secretary-General of the League for Democracy, and hoped that such talks would be extended to include, among others, representatives of ethnic minorities; welcomed the release from detention of a number of democratic political activists; the continued cooperation with the International Committee of the Red Cross; the reopening of some university courses but remained concerned that the right to education continued to be exercised only by those willing to refrain from exercising their civil and political rights; noted the establishment by the Government of a preparatory process for a human rights committee; expressed grave concern at the systematic policy of the Government of Myanmar of persecuting the democratic opposition, National League for Democracy members and their families, as well as ethnic opposition parties, and at the use by the Government of intimidatory methods; and expressed grave concern that the composition and working procedures of the National Convention did not permit either members of Parliament-elect or representatives of ethnic minorities to express their views freely.

The Commission, in its resolution, deplored the deterioration of the human rights situation and the continuing pattern of gross and systematic violations of human rights in Myanmar, including extrajudicial, summary or arbitrary executions, enforced disappearances, rape, torture, inhuman treatment, mass arrests, forced labour, forced relocation and denial of freedom of assembly, association, expression and movement; called upon the Government of Myanmar to develop a further constructive dialogue with the United Nations system for effective promotion and protection of human rights in the country; to continue to cooperate with the Secretary-General or his Special Representative and to implement their recommendations; to cooperate fully with all United Nations representatives, in particular the Special Rapporteur, to allow him, without preconditions, to return to Myanmar in the near future and conduct a field mission enabling him to fully discharge his mandate; to consider becoming a party to the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention against Torture, the International Convention on the Elimination of all Forms of Racial Discrimination and the Convention relating to the Status of Refugees and its Protocol; strongly urged the Government of Myanmar to implement fully the recommendations made by the Special Rapporteur; to ensure full respect for the freedoms of expression, association, movement and assembly, the right to a fair trial by an independent and impartial judiciary and the protection of the rights of persons belonging to minorities, and to put an end to violations of the right to life and integrity of the human being and to the practices of torture, abuse of women, forced labour and forced relocations and to enforced disappearances and summary executions.

The resolution also strongly urged the Government of Myanmar to take urgent measures to ensure the establishment of democracy in accordance with the will of the people as expressed in the democratic elections of 1990; to take all appropriate measures to allow all citizens to participate freely in the political process, in particular through the transfer of power to democratically elected representatives; to release immediately and unconditionally those detained or imprisoned for political reasons, including those in "government guest houses"; to improve conditions of detention; to ensure the safety and well-being and freedom of movement of all political leaders, including Aung San Suu Kyi; to prosecute and punish those who violated the human rights of women and to carry out human rights education and gender-sensitization training, in particular for military personnel; called upon all other parties to the hostilities in Myanmar to respect fully international humanitarian law; called upon the Government of Myanmar to implement fully concrete measures to eradicate the practice of forced labour; to cease the laying of landmines; to end enforced displacements; to fulfil its obligations to restore the independence of the judiciary and due process and to end impunity of and bring to justice any perpetrators of human rights violations, including members of the military. The Commission decided to extend the mandate of the Special Rapporteur on the situation in Myanmar for a further year; to request the Secretary-General to continue his discussions with the Government of Myanmar; and to request the High Commissioner for Human Rights to cooperate with the Director-General of the International Labour Office with a view to identifying ways to collaborate in improving the human rights situation in Myanmar.

A Representative of Myanmar said that his country had entered a new phase of its political, economic and social development. For the first time in half a century, the country was enjoying political stability and tranquillity. Seventeen armed groups had returned to the legal fold. Only the Karen National Union had not done so. The prevalence of peace and stability in the country had created favourable conditions for economic development. Moreover, the Government had accomplished infrastructure building on an unprecedented scale throughout the country and had carried out border area development on an unprecedented scale. Another important national programme was the drug eradication programme.

In the field of human rights, for the first time in 6 years, the Government had accepted the visit of the newly appointed Special Rapporteur. Razali Ismail, the Special Representative of the United Nations Secretary-General on Myanmar, had also paid a fruitful visit to the country. The Government had recently released 101 detained persons. The Government had established a Steering Committee and a Human Rights Committee which would pave the way for the establishment of a full-fledged national institution on the promotion and protection of human rights. The Government had also been organizing workshops and seminars on human rights. Draft resolution L.20 was a distinct improvement on last year's resolution. Despite this positive development, the draft resolution remained negative. Among others, the draft resolution still referred to the alleged "deterioration of the situation of human rights in Myanmar. In light of the concrete measures and significant steps taken by the Government and the positive report by the Special Rapporteur, the word "deterioration" should be deleted. In conclusion, his delegation did not accept that there was any need for a resolution on the situation of human rights in Myanmar.

A Representative of the United States said his country strongly supported resolution L.20 and believed it accurately described the many and significant human rights challenges faced by the people of Burma. The resolution also noted a few recent suggestions that the Government of Burma might be beginning to realize the importance of listening attentively to the concerns of the international community and might be starting to discuss those issues seriously with its own people. The United States regretted that language in the resolution criticizing Burma for recruitment of minors into the Burmese armed forces was not more legally precise and that it did not state that Burma should keep to its international obligations as a party to the Convention on the Rights of the Child.


In a resolution (E/CN.4/2001/L.21) on the situation of human rights in Cuba, approved by a roll-call vote of 22 in favour, 20 against and with 10 abstaining, the Commission called once again upon the Government of Cuba to ensure respect for human rights and fundamental freedoms and to provide the appropriate framework to guarantee the rule of law through democratic institutions and the independence of the judicial system; called upon it to honour the commitment to democracy and respect for human rights it made at the Sixth Ibero-American Summit in Santiago in 1996, a commitment reiterated at the Ninth Ibero-American Summit in Havana in 1999 and an identical commitment made at the European Union - Latin America Summit, contained in the Rio Declaration of 1999, adopted by the Summit; expressed the hope that further positive steps would be taken with regard to all human rights and fundamental freedoms; noted certain measures taken by Cuba to enhance freedom of religion and called upon the Cuban authorities to continue taking appropriate measures in this regard; and called upon the Government of Cuba to consider acceding to human rights instruments to which it was not yet a party, in particular the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights.


The Commission in its resolution on Cuba expressed once again its concern about practical consequences of the adoption of the Law for the Protection of the National Independence and Economy of Cuba, and regretted the other steps taken by the Government of Cuba that were inconsistent with the Universal Declaration of Human Rights and other relevant human rights instruments; took note of the conditional release of three members of the Grupo de Trabajo de la Disidencia Interna; stressed however its deep concern about the continued repression of members of the political opposition and about the detention of dissidents and all other persons detained or imprisoned for peacefully expressing their political, religious and social views and for exercising their right to full and equal participation in public affairs, and called upon the Government of Cuba to release all those persons; called upon the Government to open a dialogue with the political opposition; invited the Government of Cuba to afford the country full and open contact with other countries; recommended that the Government take advantage of the technical cooperation programmes of the Office of the High Commissioner for Human Rights; called upon it also to cooperate with other mechanisms of the Commission; and called upon it to grant invitations to thematic mechanisms of the Commission to visit Cuba, including the Special Rapporteur on the promotion and protection of the freedom of opinion and expression and the Special Rapporteur on the question of torture.

The result of the roll-call vote was as follows:

In favour (22): Argentina, Belgium, Cameroon, Canada, Costa Rica, Czech Republic, France, Germany, Guatemala, Italy, Japan, Latvia, Madagascar, Norway, Poland, Portugal, Republic of Korea, Romania, Spain, the United Kingdom, Uruguay and the United States.

Against (20): Algeria, Burundi, China, Cuba, India, Indonesia, Liberia, Libyan Arab Jamahiriya, Malaysia, Nigeria, Pakistan, Qatar, the Russian Federation, Saudi Arabia, South Africa, Swaziland, Syrian Arab Republic, Venezuela, Viet Nam and Zambia.

Abstentions (10): Brazil, Colombia, Ecuador, Kenya, Mauritius, Mexico, Niger, Peru, Senegal and Thailand.

A Representative of Cuba said that draft resolution L.21 was only intended to comply with the particular interest of the United States to justify the economic, commercial and financial blockade that country had been imposing for over 40 years on the Cuban people, as well as the aggressive, interfering and hegemonic policy which it waged towards Cuba, a policy which had been rejected by the international community. It was also a well known fact that in the three years ensuing the defeat of the exercise in 1998, the United States had once again used the Czech Republic to undertake the humiliating role of holding the fig leaf with which it vainly attempted to cover up it shameless actions.

The control exerted by the United States on the text of the draft resolution and the deletion of the paragraph allegedly denouncing the blockade had once again exposed the incapacity of the European Union to uphold its position without bending and thus acknowledging the hegemonic role of the United States. Cuba rejected the draft resolution because of its untrue content and because of the absolute lack of moral authority of its sponsors to condemn Cuba, whose achievements in favour of the full exercise of all the human rights of its people were undisputable. In opposing this selective and discriminatory exercise, Cuba was not only opposing it in the defense of its own interests, but also in the defense of the Third World, as what today was intended against Cuba would be intended tomorrow against any developing country.

A Representative of Belgium, speaking on behalf of the European Union, said the EU shared the concern expressed about the situation in Cuba, in particular the continued systematic and systemic denial of civil and political rights and fundamental freedoms. Nevertheless, it remained concerned at the negative consequences of the economic isolation imposed on Cuba. The EU's objective in its relations with Cuba was to encourage a transition to pluralist democracy and respect for human rights, as well as a sustainable recovery and improvement in the living standards of Cubans. The EU stressed once again that it was not its policy to bring about change by coercive measures that increased the economic hardship of the Cuban people.

A Representative of Costa Rica said that the draft was inconsistent with her country's principles of consistency in human rights respects. Costa Rica had a system of human rights protection and the application of habeas corpus. In the case of Cuba the resolution was not biased. Journalists and dissidents had been persecuted and the Government was repressing human rights. Some individuals were put under house arrest. Costa Rica regretted that in the resolution, the economic aspect of the impact of the blockade was deleted. Costa Rica would have supported the resolution if a balanced and objective situation was reflected. All countries should be subjected to such kind of scrutiny, and not only some.

A Representative of Algeria said that resolution L.21 left a bitter aftertaste. It was a repetitive exercise whose purpose was unclear. Indeed, the only thing the draft resolution achieved was to divide the Commission. The methods used under item 9 should be revised so as to promote a true culture of human rights. With the approach of the World Conference against Racism, the Commission should focus its attention on a new concept of humanism instead of plunging into political issues which disregarded human rights. In this regard, the question being posed was why certain countries sponsored particular resolutions, as was the case with the resolutions against Cuba and China. The Commission could not ignore embargoes and sanctions which harmed human beings. It was these issues that should preoccupy the Commission and help it progress along the path of the promotion and protection of human rights. Algeria would vote against the resolution which it considered to be a futile exercise.

A Representative of the Libyan Arab Jamahiriya said that as if it were not enough for the Cuban people to suffer from the blockade for 40 years, Cuba now had to face this supplemental political pressures against it. Did Cuba not have enough problems? Attempts at destruction carried out by mercenaries based 140 miles from the island, who were against the revolution, had failed. As if that were not enough, Cuba had to face a resolution like this year after year, sponsored by those who tried to persuade everyone that human rights in Cuba were getting worse every year. It was clear that the process was politicized. Cubans were free; they had thrown off the yoke of colonialism; they were exercising self-determination. There should be cooperation with Cuba, instead of confrontation; there should be friendly relations with Cuba. Libya would vote against the resolution, and hoped that all countries that believed in peace and freedom would do the same.

A Representative of China said his country opposed the draft resolution against Cuba, which everyone knew was an attempt by the United States to politicize human rights and to interfere in the internal affairs of a sovereign nation. Cubans had faced great difficulties and yet had made great strides in development, and their human rights record had improved. The intent of the draft resolution was not to improve human rights. Human rights should not be monopolized by great powers to be used as tools for political interference; they should be discussed on the basis of equality and cooperation. The resolution threatened the credibility of the Commission and should be soundly defeated. The United States, with its blockade of Cuba, caused great violations of human rights, yet it was now criticizing Cuba's human rights record. It was regrettable.

A Representative of the Russian Federation said his delegation would vote against the resolution. The resolution was a good example of the double-standards and politicization of human rights in the Commission.

A Representative of Venezuela said that promotion and full respect for human rights was a priority of his Government. Venezuela was a country which had been a democracy for over half a century and it attached great importance to the mandate of the Commission which was to promote human rights in all parts of the world. Venezuela was in favour of a balanced consideration of human rights in all parts of the world. However, it could not support draft resolutions that were unbalanced and did not contribute to the cause of human rights. Venezuela would therefore vote against L.21.

A Representative of Thailand said the Commission was a sacred institution and should not be turned into a political arena. The best way to proceed with Cuba was to carry out a dialogue in a cooperative manner on the promotion and protection of human rights. There should be a genuine spirit of cooperation and mutual understanding on human rights matters there, and around the world. The draft resolution on Cuba was not likely to create such an atmosphere. Thailand would therefore abstain on the resolution.

A Representative of Mexico said that a balanced treatment should be favoured in the Commission. This was why Mexico could not vote in favour of the resolution under consideration. The text was selective, politicized, it reeked of double standards and did not contribute to respect for human rights. Nor could Mexico could vote against the draft resolution since it was concerned about the human rights situation in Cuba. Indeed, everyone agreed that there were serious violations of human rights in Cuba. The Inter-American Commission on Human Rights had expressed its concern at the violations of freedom of expression and association in Cuba and Amnesty International had condemned the harassment of opponents in that country. These readings were shared by other human rights organizations.

A Representative of Argentina said his country had voted in favour of the resolution in the hope that a process of cooperation would begin between the Cuban authorities and the various mechanisms of the Commission which would favour the cause of human rights and democracy. Argentina would have preferred, however, to have the resolution refer explicitly to the economic embargo and other measures imposed against Cuba which were having negative effects on the Cuban population.

A Representative of Uruguay said his delegation voted in favour of the resolution. The situation in Cuba did not show any improvement since Uruguay supported a similar resolution in 1999. The difficulties faced by the Cuban people had not been improved despite the adoption of the resolution.

A Representative of Romania said her country had voted in favour of the resolution L.21 in the hope that it would contribute to the promotion of human rights in Cuba.




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