COMMISSION ON HUMAN RIGHTS CONTINUES DEBATE ON CIVIL AND POLITICAL RIGHTS

Commission on Human Rights
58th session
16 April 2002
Afternoon




Forty-Two Non-Governmental Organizations
Address the Commission Highlighting Cases of Torture, Detention,
Disappearances, Summary Executions in many Parts of the World



The Commission on Human Rights this afternoon continued its debate on civil and political rights by hearing 42 non-governmental organizations (NGOs) allege, among other things, involvement of Governments in cases of torture, detention, disappearances and summary executions around the world.

The NGOs also highlighted situations where the freedom of expression and religious belief were repressed by Governments. A number of speakers said that anti-terrorism legislation enacted in many countries had restricted the fundamental freedoms of many citizens, and underlined that the 11 September events should not be taken as a pretext to curtail the human rights of people.

The representatives of the following non-governmental organizations participated in the debate: International PEN; International Buddhist Foundation; MINBYUN: Lawyers for a Democratic Society; Organization for Defending Victims of Violence; Human Rights Advocates International; International Council of Jewish Women; Asian Legal Resource Centre; World Muslim Congress; Himalayan Research and Cultural Foundation; International Federation for the Protection of the Rights of Ethnic, Religious, Linguistic and Other Minorities; Latin American Federation of Associations of Relatives of Disappeared Detainees; Organization tunisienne de jeunes medicins sans frontieres; China Society for Human Rights; European Union Public Relations; Anti-Slavery International; International Human Rights Law Group; Marangopoulos Foundation for Human Rights; International Association of Democratic Lawyers; Franciscans International; Survival International; Centre Europe -Tiers Monde; Arab Organization for Human Rights; Catholic Institute for International Relations; International League for the Rights and Liberation of Peoples; Afro-Asian People's Solidarity Organization; Minority Rights Group; Nord-Sud XXI; Indian Movement "Tupaj Amaru"; Association of World Educators; International Work Group for Indigenous Affairs; American Association of Jurists; International Institute for Non-Aligned Studies; International Institute for Peace; Agir Ensemble pour les Droits de l'Homme; Indian Council of Education; Commission of Churches of International Affairs of the World Council of Churches; ALIRAN Kesedaran Negara National Consciousness Movement; Liberal International; International Helsinki Federation for Human Rights; Interfaith International; Union Nationale de la Femme Tunisienne; and Al-Khoei Foundation.

The following countries exercised their right to reply: the Republic of the Congo, Algeria, China, Turkey, Burundi; Botswana; Pakistan and India.

The Commission will conclude its debate on civil and political rights when it reconvenes at 10 a.m. to hear the remaining rights of reply. It will then start its consideration of its agenda items on integration of the human rights of women and the gender perspective, the rights of the child, specific groups and individuals, and indigenous issues.


Statements

FAWZIA ASSAAD, of International PEN, brought to the attention of the Commission the changes in the Turkish Constitution that had been used to suppress writers who spoke out. International PEN was specifically concerned about the application of Article 8 of the Anti-Terror Law that had been used to penalise those who wrote in defence of the Kurdish community, in effect branding them as supporters of terrorism. Providing a maximum of three years in prison for "separatist propaganda", many writers who wrote of human rights abuses found themselves before the courts or even in prison. Article 312/2 of the Penal Code had also been applied as a means of penalising writers who supported minority issues. Writers who dared to criticize the Turkish institutions, ranging from the military, the judiciary, government offices or the State itself found themselves in the dock. Prison sentences were rarely the result of these trial, but the emotional and financial cost could be heavy. International PEN called on the Special Rapporteur on freedom of expression to urge the Turkish authorities to review once again those laws under which, writers, editors, publishers and journalists could be prosecuted solely for their writing.

CHANDRA PINNAGODA, of the International Buddhist Foundation said that no human mind could comprehend the most heinous crimes committed on 11 September. A crime against human civilization was the destruction of the statue of the Lord Budda in the Bamyan plains of Afghanistan. The Bamyan Budda incident was not an isolated event. In January 1998, the most sacred Buddhist shrine in Sri Lanka declared by UNESCO as a world heritage was partly destroyed by the Sri Lankan terrorist group, Liberation Tigers of Tamil Eelam. The International Buddhist Foundation reminded the Commission that not a drop of blood was shed in retaliation against this treacherous crime. Notwithstanding all horrendous crimes, the Foundation made an appeal to give compassion and not punishment alone to the terrorists.

CHULHYO KIM, of the MINBYUN: Lawyers for a Democratic Society, said that since the attacks of 11 September, many States had taken counter-terrorism measures. However, their negative impacts on human rights were currently a grave concern to the Commission. Some Asian countries were not an exception in this context. They had insisted on the primacy of national security and sovereignty over human rights. The security laws implemented by those countries such as the Internal Security Act in Malaysia and Singapore, and the National Security Law in the Republic of Korea, had already been subjected to serious condemnation from the international human rights communities. Those security measures had been abused by the State for the suppression of political opposition. At present, Asian Governments were even attempting to strengthen those national security measures.

YADOLLAH MOHAMMADI TCHRANI, of the Organization for Defending Victims of Violence, said that in recent years, acts of terrorism in all their forms had continued despite the efforts and measures taken at the international, regional and national levels. The political will of the international community was a necessity for fighting terrorism. The international coalition against terrorism was valid, however it must remember the following points. Superpowers must not use this coalition to impose their military, political or economic goals. The coalition must consider state terrorism as a major challenge. All States must cooperate with the United Nations to keep its leadership role in combatting terrorism, and the role of non-governmental organizations must be emphasized in campaigns directed at increased public awareness about terrorism and its different forms. Any violation of freedom of expression would end with different forms of violence. There was a direct relation between the violation of freedom of expression and social violence. The Special Rapporteur on freedom of opinion and expression should pay due attention to this significant point in his report.

BIRTE SCHOLZ, of Human Rights Advocates International, said that her organization was concerned about the impact that anti-terrorism measures might have on human rights in countries combatting this new global threat. Individuals of Muslim and Arab origin were being improperly detained and denied certain judicial rights such as timely ability to communicate with counsel and intrusion into the attorney-client privilege. In the United States, at the last official count in February, more than 750 persons of Middle Eastern descent were being held in federal custody. Although there was no evidence that they were connected to terrorism, they remained in custody for simple immigration violations. Many of those detained were not given proper access to counsel and many detainees had been held for extended periods of time without being charged. Others continued to be held even after the immigration charges against them had been resolved.

RACHEL BABECOFF, of the International Council of Jewish Women, said that after the religious conflicts of the 1990s in Bosnia, Kosovo, Sudan and Kashmir, the World Conference against Racism held in Durban had shown that the international community was far from realizing its objectives of peace and comprehension among peoples. The Council of Jewish Women had always been devoted to the defence of human rights, and was today troubled by the increase in anti-Semitic attitudes in many countries, particularly in the Western countries, such as in France, Germany and Belgium. In France alone, 400 aggressions had been committed last year; synagogues had been vandalized and burned, among other things. European walls were covered with insulting inscriptions. Today, the phenomenon of "judeophobia" was not the only fact attributed to the extreme right-wing movements. The tension provoked by the Middle East conflict had direct links with the anti-Jewish violence.

ASMIN FRANSISKA, of the Asian Legal Resource Centre, said in recent months the Centre's attention had been drawn to the case of Stephen Khan, a Kashmiri asylum seeker who had been held in detention by the Australian authorities for three and a half years. Mr. Khan's case was indicative of the unjust system for determining asylum claims in Australia. The Centre urged the Commission to condemn the Australian Government's policies toward asylum seekers and to pressure Australia to grant visas to genuine claimants, including Mr. Khan, without further delay. The Centre had also been shocked by the massacre of twenty-one people of Burmese origin on the Mae Lamao stream, Tak province in Thailand during the last week of January 2002. The Commission was called upon to exert pressure on the Government of Thailand to find a satisfactory outcome for this case at the nearest possible date. A review of Thai Government policies for protection of migrant workers was also needed. The Centre also raised concern as to human rights situations in Malaysia and Indonesia and urged the Commission to act against human rights violations in these countries.

ASHRAF SARAAF, of the World Muslim Congress, said that despite having ratified the International Covenant on Civil and Political Rights, India was engaged in the worst type of human rights violations in occupied Jammu and Kashmir. India was continuously denying the rights to liberty, self-determination, freedom of thought, conscience and religion to the people of the occupied territories. Over 80,000 people had been killed so far and 8,500 persons had been selectively arrested and then killed in custody. The people of Kashmir were suffering. Their legitimate political demands were met with brutal force. The political and socioeconomic fabric had been completely devastated.

SHARAD K. SONI, of the Himalayan Research and Cultural Foundation, said the international community had witnessed the 11 September terrorist attacks in New York with great horror and anguish. It was well established by now that those attacks were carried out and sponsored by religious fundamentalists. The conclusion, therefore, was that mayhem had its roots in distortion of a peace loving religion, and the distortions had essentially their basis in religious intolerance. In spite of the laudable efforts of the United Nations in general and the Commission in particular, and since the 1981 Declaration on the Elimination of All Forms of Intolerance and Discrimination based on Religion or Belief was adopted, the menace of intolerance was still posing a grave threat to the human rights of freedom of religion and faith. The right to freedom of religion and faith was an essential human right.

VASILIOS KARAYIANNIS, of the International Federation for the Protection of the Rights of Ethnic, Religious, Linguistic and Other Minorities, stressed the need for the Commission to focus more attention to the religious and cultural nature of the Turkish-occupied parts of Cyprus. Turkey was responsible for destruction in this part of Cyprus -- more than 30 per cent of the island. This human rights violation was being carried out in a systematic manner aiming to root out the presence of the rightful inhabitants of the area. Turkey was engaging in national, religious and cultural cleansing. There were plenty of examples proving the voracity of the Turkish occupying force. Several cultural and religious sites had been destroyed or turned into Muslim mosques or army barracks. In the other parts of the island on the other hand, mosques had been restored and built through the support of the Greek Cypriot Government. Turkey was a contributing member to the international community and party to several conventions which ought to prevent this kind of behaviour by Turkey.

MARTA VASQUEZ, of the Latin American Federation of Associations of Relatives of Disappeared Detainees, said that impunity continued to exist in all countries of Latin America. The reports received by the Federation were unending. There were new violations, forced disappearances, summary executions in Colombia, Guatemala, Mexico, Honduras, Brazil, Bolivia and Argentina. Past violations were not investigated. Justice did not exist. Affected families awaited a response. They wanted to know what had happened to their dear ones. They wanted to know the truth and wanted that those who perpetrated those crimes be brought to justice. A forced disappearance was an ongoing crime that turned into a permanent pain. In order to put an end to impunity, it was necessary to adopt a Convention against Forced Disappearances.

MOHAMED ELYES BEN MARZOUK, of the Organization tunisienne de jeunes medicines sans frontieres, said that his organization was more and more concerned about the amount of poverty, exclusion and illiteracy in the world. Those concerns were at the heart of the debate on the right to development, which was related to the right to freedom of opinion and expression, to physical integration, as well as to the right to participation in public affairs. More importance should also be given to education in order to fight ignorance and to favour the participation of individuals in the promotion of free society and development. The ideal enjoyment for freedom by human beings of their civil and political rights was their freedom from fear and misery. If the opening of the boundaries to technological progress constituted a catalyser to growth, it also benefited terrorists and criminals who were involved in international drug and arms trafficking and used the Internet to distribute their hate propaganda.

JIANHUA LI, of the China Society for Human Rights Studies, said countries accusing China of human rights violations happened to be those who waged wars against China and massively violated the human rights of the Chinese people historically. How could the United States claim to care about the Chinese and their human rights after it bombed the Chinese embassy in the former Yugoslavia? For the past decade China had been the target of accusations of human rights violations at this forum. However, this was at a time when China had scored rapid economic growth and the Chinese people had enjoyed human rights and freedoms. Was there a link between the increased level of criticism and the increase in Chinese prosperity. China had 56 nationalities, 5 religions and 1.3 billion people. China had managed to raise a population which was 22 per cent of the world's total with 7 per cent of the world's arable land. China had made a significant contribution to the world's human rights progress, world peace, stability and development. It must be appreciated by all countries and people in the world who upheld justice and were sincerely concerned about human rights.

FIRDAUS SYED, of the European Union of Public Relations, said that freedom of expression was recognized as one of the pillars of democracy. If political dissent did not find expression, the community was bound to remain ignorant about the aspects that were expected to lead it to material and spiritual development. While militancy in some parts of the globe was out to destabilize duly elected governments, it also used the method of gagging the voice of the print and electronic media under duress. At the root of religious violence lay hatred and some political motives. Politicizing religion had become the instrument of realizing some temporary political objectives. Communal hatred was cancerous and destroyed the very roots of peaceful coexistence among the communities.

CHRISTIANE DEHOY, of Anti-Slavery International, called the Commission's attention to the growing religious intolerance reported in Myanmar over the past year. In particular, Anti-Slavery was concerned by a serious increase in anti-Muslim unrest before and especially after 11 September. Events in Afghanistan had sparked religious clashes between Buddhists and Muslims. Attitudes had shown strong prejudice against Muslims, but the Government had tacitly condoned communal violence by responding less than adequately. The security forces usually intervened when Buddhist properties were being attacked, and only then was a curfew imposed to curb the violence. In May 2001, waves of communal violence had hit various towns of Pegu Division. In Tuungoo, several Muslims were killed, and four mosques, as well as hundreds of houses and shops belonging to Muslims were burnt to ashes.

TIMOTHY COOPER, of the International Human Rights Law Group, said that the people of Washington DC had been denied equal and political rights with their fellow compatriots. The nearly 600,000 residents of this city had been barred under the United States Constitution from exercising their fundamental human right to political participation in their country's national legislature for the last 200 years. The disenfranchisement of the people of Washington DC, 63 per cent of whom were African-Americans, represented a failure of the United States political leadership to keep pace with evolutionary standards of democracy around the world. There was no other federal capital anywhere in the world that denied its citizens equal political participation in their own national legislature -- except for the United States of America. The fact that the United States had denied these rights to so many people for so long with complete impunity was both disturbing and disquieting. By rejecting recommendations made by the Inter-American Commission on Human Rights, the United States demonstrated not only a total disregard for the human rights of the people living in its capital but it also furthered the perception of others that there existed a double standard for the United States with regard to its own human rights practices.

TOM GANIATSOS, of the Marangopoulos Foundation for Human Rights, said that 11 September had become a point from which a serious crisis concerning human rights, which were already in a critical situation, had emerged. International action against terrorism must be based on the essential and decisive role of the United Nations and anti-terrorist measures must not violate or endanger human rights. Some of the anti-terrorist measures already being applied by some States and which violated human rights included: arrest of suspected terrorists without judiciary mandate and even without informing the suspect of the reason for his arrest; arbitrary detention without limit; the abolition of the distinction between the judiciary and the executive powers; inhumane and degrading treatment and torture of detainees of all sorts, including total sensory deprivation; and discrimination based on nationality.

YORIO SHIOKAWA, of the International Association of Democratic Lawyers, spoke about cases of torture and detention in Japan. Individuals were arrested and during the harsh interrogation, they were forced to "confess". These persons were consistently protesting their innocence. During their trial, they insisted that they were forced to confess and never committed the crime attributed to them. The speaker raised individual cases of persons who were arrested on murder crimes and who were put under violent torture. The speaker hoped that the effective functioning of UN human rights mechanisms would be applied in these cases.

PHILIPPE LE BLANC, of Franciscans International, drew the attention of the Commission to the issue of religious intolerance and discrimination on the basis of religion. Religious intolerance remained at the root of a number of conflicts and ongoing violence in the world. The absence of political will on the part of some Governments to end this discrimination further encouraged groups to persecute and victimize individuals and organizations. In Pakistan, political leadership and martial law regimes had used Islam to legitimize their rule to the disadvantage of religious minorities. This had led in recent years to ethnic and sectarian violence among Muslims and the imposition of discriminatory and repressive laws against religious minorities. Religious discrimination in Pakistan was inscribed in legislation that tended to promote a culture of intolerance and division. The oppressive and unfair law of evidence represented an attack on religious groups, and an affront to the protection and promotion of human rights for all, regardless of religion. Franciscans International recommended that the Government repeal all discriminatory law, the unjust law of evidence and that it enact legislation and implement the joint electorate at the national and local levels.

RONALD TAPILATU, of Survival International said that in retaliation to the killing of two police officers and a security guard in Abepura in Indonesia in December 2000, police officers and members of the mobile brigade had committed gross acts of violence and torture, targeting civilian members of the Papuan indigenous community from which the attackers were believed to have originated. They raided student dormitories, arrested students, beat them and subjected them to torture. One student was shot and killed, two more died of the multiple beatings they received, dozens suffered serious injuries. The Abepura case constituted a gross human rights violation. It was not to be considered as an ordinary crime. The Commission was urged to put pressure on Indonesia so that impunity would not be given another chance.

KATHARINA HAAB, of Centre Europe-Tiers Monde, said that the fundamental freedoms of the Kurdish people had been violated since the foundation of the Turkish Republic in 1923. The teaching of the Kurdish language in Turkey was forbidden by virtue of article 42 of the Constitution. The ban on the Kurdish language remained in force even as the Turkish Government has authorized the use of all other languages, even foreign languages. The question was, therefore, one of the human rights of a people who numbered between 15 and 20 million in Turkey. Far from considering the Kurdish language as an enrichment to the whole of society, the Turkish Government considered it a threat and a danger to "national unity". Although the right of petition was recognized in Turkey in its Constitution as a legal form of expression, thousands of students who signed a petition demanding education in Kurdish in universities were arrested along with their families. A number of them had been tortured or had suffered from inhumane treatment.

MAHMOUD NAZAR, of the Arab Organization for Human Rights, welcomed the establishment of the International Criminal Tribunal since it was a very important message to those who violated human rights. Crimes of war had been committed in 1967 against Egyptians and currently crimes against humanitarian law were being committed against Palestinians. Those responsible for these actions and atrocities must be brought to justice. These perpetrators had with premeditation killed and murdered Egyptian soldiers. Concerning the Palestinian people, it was clear that until recently the international community had not paid enough attention to the deteriorating situation. At the same time, strict sanctions against Iraq had been maintained without the international community speaking out. Tribute was paid to the resolutions adopted by the Commission on the occupied Palestinian territories. The Organization urged the Commission to recommend to the General Assembly that a criminal tribunal be set up so that Ariel Sharon of Israel could be persecuted for his crimes of genocide against the Palestinian people.

BO KYI, of the Catholic Institute for International Relations, said that political prisoners in Burma were being tortured and subjected to inhumane treatment. Today, there were approximately 2,000 political prisoners in Burma. At least 68 had died in prison since 1988. At least 35 remained in prison even though their prison sentences had been completed. It was abundantly clear that the ruling junta continued to grossly violate the human rights of the people in Burma. Lack of political freedom, illegal detention and torture continued to be a daily reality. The Commission was urged to take urgent action to expedite the release of all political prisoners, and bring an end to illegal detentions and all other human rights abuses in Burma.

VERENA GRAF, of the International League for the Rights and Liberation of Peoples, wished to express its deep concern about trends that were emerging in the global war on terrorism. Due to the absence of an internationally accepted definition of terrorism as well as a lack of consensus on who could be a potential author of terrorist acts, the anti-terror rhetoric since the 11 September attacks could easily be exploited by States. Such a situation had severe effects on the protection of human rights. It was not acceptable that an anti-terror paradigm emerged that permitted States to criminalize whole groups of people by labelling them as terrorists, when in fact they were fighting for their legitimate rights, such as self-determination. There was a danger that even groups, who aspired to similar goals as those of some violent acts, were merely on that basis perceived to be terrorists as well and treated accordingly. In some Latin American countries, some individuals continued to enjoy impunity, like the Chilean Pinochet.

MEHREN BALUCH, of the Afro-Asian Peoples' Solidarity Organization, said if there was an example of the grossest violation of human rights committed by a State through design and stratagem, it would be found in Balochistan, the southern province of Pakistan. The Baloch land, whose independence had been recognized even by the British rulers of India, was forcibly and illegally occupied and annexed by the ruling elite of Pakistan through guile, repression and the unleashing of brute force. The treatment of the Punjabi oligarchy towards political opponents was not only revengeful but also inhuman. Balochistan continued to remain a neglected region. It was not without a design that Islamabad rulers exploded the nuclear device in the Chagi hills in Balochistan in 1998. The radioactive fallout of this experiment on the people of the area was disastrous. The international community must hold the Pakistani establishment, the army and the Inter-Services Intelligence Army accountable for the crimes of physical, social, economic and cultural genocide of the people of Balochistan.

MARGOT SALOMON, of the Minority Rights Group, said that while some officially recognized religions enjoyed a degree of state support in China, others had been suppressed, their places of worship destroyed, and their followers and leaders arrested and detained, sometimes even tortured and killed. Reports of ill-treatment and brutality continued to come out of Tibet and Buddhist monks and nuns were frequently targeted. Because the authorities saw the religion of Turkic-speaking Muslims in Xinjiang Uyghur as closely tied to separatist ideas, these Muslims were subjected to greater control and were far less free to practice and express their faith. Mosques and schools had been closed, Islamic books and publications had to be vetted by the State and Muslims had been sentenced to death and executed for what had been described as illegal religious terrorist activities.

MANUELA CLAVIJO, of the Nord-Sud XXI, said the Nord-Sud association and the families of disappeared, prisoners and victims of genocide had been requesting the Peruvian authorities to ensure justice. Some 970 political prisoners and their families had recently been on hunger strike and the Commission was urgently called upon to do something about the situation. Since 1983, Peru had been implementing an exceptional law and institution against the popular rebellion led by the Communist Party of Peru and Mrta. An appeal was made to the Commission to call on the authorities of Peru to remove the exceptional situation. Since 1983, 35,000 people had died, and 180 mass graves had been discovered by the families of the deceased. In addition, 10,000 persons had disappeared while 60,000 individuals were tortured and raped. Also, 1.5 million persons were internally displaced.

LAZARO PARY, of the Indian Movement "Tupaj Amaru", said that many people had suffered from violations of human rights, terrorism and were descendants of colonial terror and state terror in the name of "national security". Tupaj Amaru therefore condemned the attacks of 11 September on the United States. However, it was also necessary to realize the slow but deadly suffering of thousands of Iraqi, Palestinian and Indian children who had suffered slow deaths without the care or concern of the international community. Tupaj Amaru rejected the rationale of terror since only negotiations could bring about durable solutions to conflicts. The United States of America and its allies had launched a military attack against the people of Afghanistan -- a move against an invisible enemy -- a crusade. It was a crusade against a people that could barely read and write and it was furthermore incompatible with jus cogens principle of law. State terrorism did not happen as a response to clashes between civilizations but due to deep underlying economic factors. It was necessary for the Commission to investigate this issue as well as the training by the United States of terrorists.

DAVID LITTMAN, of the Association for World Education, said that the iniquitous legacy of Egypt's state of emergency legislation , enforced for over 20 years and extended until 2002, resulted in miscarriage of justice. This system facilitated a condemnation without appeal on totally inadequate evidence such as a false accusation of bribery from a certified insane killer, as had occurred in the case of Neseem Abdel Malek. The Working Group on arbitrary detention had requested the Egyptian Government to review the case of this Coptic doctor who was wrongly condemned to 25 years imprisonment by a military court without any appeal. However, the recommendation of the Working Group was not implemented by the Egyptian Government. It was high time to monitor the tragic situation of the Copts in Egypt, a martyred Christian people who were still treated as a conquered so-called protected people under Islam and who were often forced to choose freedom in exile.

FAMARK HLAWNGCHING, of the International Work Group for Indigenous Affairs , said that since the inception of the Burmese democracy movement, one had upheld dialogue as an integral part of the democratization process and the protection and promotion of human rights; and both as an objective and an instrument at the same time. However, the Work Group was disappointed to see that measures essential to be taken to normalize the political atmosphere conducive for the further progress of political dialogue had still been either ignored or taken partially in slow pace. There was concern that Daw Aung San Suu Kyi remained under house arrest. She should be unconditionally released and a formal substantive political dialogue based on equal footage should be started.

ABBA SALEK EL HAISSEN, of the American Association of Jurists, said the Government of Peru continued to disregard the recommendations of the Commission on Human Rights to improve its disastrous prison regime. Prisoners were currently engaged in a hunger strike in Peru due to the intransigence of the Government. An equally worrying situation was that in the Western Sahara. This situation could only be identified and described through the extreme use of force by the Moroccan State and the several involuntary disappearances intending to sow terror in the population. Unfortunately, the State continued to deny its responsibility for the hundreds of involuntary disappearances and would not come to the assistance of the families of the disappeared persons. The establishment of a national human rights mechanism only showed its inefficiency and had not helped any of the victims. The Association stressed that those responsible for such human rights violations needed to be brought to trial and the Association therefore called for an independent inquiry on the issue of the Western Saharan so that the perpetrators of human rights violations could be brought to justice.

REENA MARWAH, of the International Institute for Non-Aligned Studies said that while the fight for civil and political rights was the highest priority in the context of non-democratic States, it was often forgotten that the maintenance of credibility of democratic systems posed an equal challenge in the age of privatization and globalization. One does not have to look far in our times to see how large multinational corporations such as Enron had defrauded their own employees of billions of dollars and went unpunished for a long time because they had contributed large funds to the electoral funds of prominent political parties or had very influential firms as their accountants. Despite the high emphasis placed on civil and political rights by the international community in general and the Commission in particular, millions around the world were denied their basic civil and political rights every day.

S.K LAROIYA, of the International Institute for Peace, said that gruesome violence born of religious intolerance and the consequent denial of fundamental rights continued to blight the world as if one was still in the dark ages. No society could achieve its destiny if elements within it were denied the possibility of shaping their lives according to their beliefs. One did not have to be agnostic to ensure tolerance for different faiths. The route to achievement of any objective lay in education and the fashioning of an environment that would teach the young the value of life and the oneness of humanity. It was ironic that religious norms enunciated centuries ago were used to imbue modern society with regressive attitudes. A common truth shared by all religions was that human beings were all children of the same creator and should live in harmony.

ISSA NIANG, of Agir Ensemble pour les Droits de l'Homme, said that on 12 December 1984, Maouya Ould Sid'Ahmed Taya had come to power and since then the Mauritanian Government had followed a policy of domination and repression, dividing the unity that had previously given the people its strength. More than 2,000 soldiers had been arrested and tortured for six months by the Armed Forces. Methods of torture, summary and extrajudicial executions and hangings had been used with total impunity. The victims of these crimes had left behind children and widows, yet there was a worrying silence from the Government. However, the survivors knew what had happened and no one could forgive these barbaric acts. The suffering could not be hidden. The organization demanded the immediate abrogation of the amnesty law, the appointment of an independent expert, a trial of the perpetrators of torture and crimes against human rights and the re-establishment of the rights of the victims. The organization stressed that one could not forget what had happened and that there could be no impunity.

ZAFAR IQBAL KHAN, of the Indian Council of Education, said that over the last twelve years, the people of Kashmir had suffered from continued violence and the various parties, including the politicians, had failed to respect the freedom of expression. Civil society in Kashmir had remained bereft of this right for the last twelve years. Politicians and the militants continued to restrain members of civil society from expressing themselves and taking part in the conduct of public affairs. Views at variance were not tolerated and journalists had been killed in cold blood. It was important that the international community respond to the loss suffered by the people of Kashmir for not being able to exercise their freedom of expression, necessary to enjoy a broader regime of human rights and fundamental freedoms.

MARTJN DOOLAARD, of the Commission of Churches of International Affairs of the World Council of Churches, said that the repressive measures adopted by the Indonesian Government included a crackdown on the peaceful demands of the Papuans to exercise their right to self-determination, mistreatment, torture and killings of civilians. The abduction and murder on 10 November 2001 of Theys Eluay, a moderate West Papuan leader, was evidence of the methods used by the Indonesian Government. That abduction and killing had been a well-planned politically motivated action. His assassination had to be viewed in light of several documents and statements issued from Jakarta that outlined strategies for a crackdown on the people's demand to exercise their right to self-determination. That policy had resulted in widespread human rights violations, and systematically planned and executed targeting of civilians and group leaders in the entire region of Papua.

DEBORAH STOTHARD, of the Aliran Kesedaran Negara National Consciousness Movement, said it was quite amazing to note how errant governments worked so hard to defend themselves in the Commission through public statements, lobbying, caucusing and coming up with various creative strategies. If they used similar vigour to uphold human right in their countries, no one would need to be at the Commission. Despite the grave increases in violations of civil and political rights in southeast Asia, there were still some freedoms: the freedom to vote for the ruling party; the freedom to think exactly like the government; and the freedom to tolerate human rights abuses. On the question of Malaysia, ALIRAN alerted members of the Commission to the current urgent situation. Detention camp authorities had started lying about the health status of detainees. Family members were told that the detainees were healthy and that camp supervisors were out. One family was told the deputy head of the camp had gone on a fishing excursion. The Nation Human Rights Commission had been able to visit hunger strikers, but had not made any statement on the matter. Why this stunning silence? Were they out fishing too?

JANISETT RIVERO, of Liberal International, said that Cuba was the only country in the western hemisphere that was still under dictatorial rule. Cuban political prisoners were systematically subjected to psychological and physical torture. Medical and religious assistance was denied to them as a means of punishment. Another type of punishment consisted of being confined in prisons hundreds of kilometres away from the homes of the political prisoners. Family members were therefore forced to travel great distances without having the means to pay for these exorbitant costs. Furthermore, political prisoners were confined in punishment cells where they had no access to sunlight. Attacks by common criminals were also used by State Security to repress political prisoners. Freedom of expression was also violated. Independent journalists who carried out their work under very difficult conditions were incarcerated, slandered and harassed for letting the world know about the reality of Cuba. There was no independent judiciary in Cuba. Human rights activists were routinely accused of common crimes and subjected to kangaroo courts without due process.

MARIA DAHLE, of the International Helsinki Federation for Human Rights, said that in Moldova, the recent disappearances of respected individuals had drawn attention to the current unstable situation in the country which had deeply affected human rights and the rule of law. Vlad Cubreacob, a Moldovan politician and member of parliament, had been missing since 21 March 2002, after the General Prosecutor had requested parliament to strip him of his immunity due to his alleged involvement in street protests against contested Government policies. The Belarusian authorities continued to obstruct the political opposition, independent media and other organizations that exercised their legitimate right to criticize the regime. In Ukraine, the circumstances around some 200 disappearances and the mysterious death of the journalist Georgiy Gongadze remained unclear.

KASHINATH PANDITA, of Interfaith International, said the organization was unhappy to learn that in some countries religious seminaries had been established where students were taught hatred and animosity against people of other faiths. It was a gross violation of the right to freedom of religious belief and a violation of children's rights if they were indoctrinated in religious extremism or were prompted to adhere to a gun culture as the means of carrying out a religious mission. There was a growing trend in some countries in which armed dissidents put shrines and worshipping places under siege. There were reports that armed groups had been using these places as shelter against counter-action by the law enforcing agencies. The use of shrines and worshipping places as secure places for armed action was tantamount to their desecration and was unacceptable. A heavy burden of responsibility rested on the shoulders of the religious leadership everywhere. The Commission was recommended to consider the involvement of religious leadership in furthering the cause of peaceful coexistence among groups and communities.

AZIZA HTIRA, of Union Nationale de la Femme Tunisienne, said that at a time when they called loud and clear for the respect for human rights, they saw policies and behaviour that stimulated new fractures and imbalances that destroyed security and peace and hence fundamental rights and even the right to life. It was regrettable to see that human rights were increasingly politicized. Civil and political rights lost their meaning when the State gave up the protection of economic and social rights. The absence of economic and social rights inevitably led to the lack of civil and political rights. How could one talk of civil and political rights in a world where 20 per cent of the population owned 80 per cent of resources.

ZAHEER KAZMI , of the Al-Khoei Foundation, said that Muslims were arguably the main target of cultural, religious and racial intolerance throughout many parts of the industrialized world today. Compounding negative social attitudes and stereotyping was the misrepresentation of Muslims and Islam in the mass media, leading to a more generalized climate of fear. After 11 September, Islamophobia had increasingly become an issue within the civil rights domain in the West, in light of government attempts at balancing the requirements of national security with those of civil liberties. Recent anti-terror legislation in parts of France and north America had had a direct impact on Muslims as a religious minority and the increased powers of Governments to detain those suspected of terrorism, without charge and for indefinite periods of time, was a situation which demanded thorough and ongoing monitoring.


Rights of Reply

A Representative of the Republic of the Congo, speaking in a right of reply, said he wished to throw some light on the situation in his country. Some fallacious statements had been made about the Republic of the Congo in the report of the Working Group on enforced or involuntary disappearances. During the time mentioned, which was during the fifty-seventh session of the Commission, the Republic of the Congo had in fact been the subject of an investigation in the confidential segment of the Commission's work concerning these alleged disappearances. The Republic of the Congo had given all the information possible to the Commission and most of the allegations had been found to be unfounded and the consideration of the situation had ended. The Congolese Government had also given information about groups of outlaws that continued to threaten the State forces and to intimidate the civil population. The Congolese Government had shown patience so far but was trying to bring peace to the country as the new elections had promised a non-violent solution to the conflict.

A Representative of Algeria, speaking in a right of reply, said that the representative of Morocco had acknowledged in his statement the existence of a conflict in the Western Sahara, of a national liberation war as well as the existence of prisoners of war and a cease-fire. The conflict of the Western Sahara was the result of the occupation of the Western Sahara by Morocco. King Hassan II had denied until his death the existence of Moroccan prisoners. Since the death of King Hassan II, the ICRC had obtained the liberation of hundreds of Moroccan war prisoners and continued to work towards a settlement of this humanitarian case.

A Representative of China, speaking in a right of reply, said that the banning of the cult Falun Gong was a prerequisite for the protection of human rights. Anyone, with reason and for justice, would realize through hard facts that Falun Gong was an evil cult. A lot of addicted practitioners had died as a result of refusing to see a doctor and to take medicine. Some even resorted to self immolation, committed suicide and killed others, including their relatives as well as some strangers. The cult promoted its teaching by lies and deceptions. What they said abroad was totally different from what they did at home and now they tried to play it up. With the support of some anti-China forces, the cult that had violated human rights and deprived innocent lives pretended to be a victim, making up rumours and fabricating allegations of the Chinese Government's "persecution" of the cult to the international community.

A Representative of Turkey, speaking in a right of reply in response to a statement made by the Greek Cypriot representative under this agenda item and in a reference to the tragedy of missing people, said Turkish Cypriots too had always been committed to the solution to the issue of missing people and would probably note with a sense of hope the commitment of Greek Cypriots. The Autonomous Tripartite Commission set up by the United Nations would be the appropriate mechanism to deal with the issue of missing people. The attempts by the Greek Cypriot side to falsely portray Turkey as a party to this issue seemed unlikely to solve anything. It was recalled that the two leaders had met in January to discuss the issue of missing people and had agreed to work towards the issue separate from the process of face to face talks.

A Representative of Burundi, speaking in a right of reply, said that his country deplored the language used by the Working Group on enforced disappearances. The report of the Working Group used tendentious information and did not refer to other cases of violations.

A Representative of Botswana, speaking in a right of reply, said that references had been made by one Special Rapporteur and a non-governmental organization (NGO) concerning the "bushmen" of his country. The delegation wondered why the NGO had continued to emanate distorted information about the situation of "bushmen". That organization should come to the country and see the reality before publishing statements.

A Representative of Pakistan, speaking in a right of reply, said that some of the comments made on this item by India were a pack of lies and the height of hypocr to divert attention from India's problems. India had developed a habit of blaming Pakistan for all its failings, its appalling human rights situation and its problem with terrorism. The solution to the Jammu and Kashmir situation was provided for in United Nations resolution recommending a plebiscite. Pakistan wanted this plebiscite. Over 75,000 Kashmiris had been killed by India and yet Pakistan was blamed. Dialogue, as proposed by Pakistan, was clearly too civilized for the likes of India. India was only interested in showing its military might through its million man army along the border aiming to force Pakistan into a compromise on its principles. Pakistan would continue to support the legitimate right to self-determination of the Kashmiri people.

A Representative of India, speaking in a right of reply in response to a statement by Pakistan, said that Pakistan was responsible for spreading instability and was a source of international terrorism. It was no wonder that many terrorists were found to have links with Pakistan. Pakistan had given asylum to fugitives from India, despite the existence of warrants against them, and terrorist organizations were operating from Pakistan with impunity. Terrorism was a foreign policy tool used by Pakistan.






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