COMMISSION ON HUMAN RIGHTS CONTINUES DEBATE ON SPECIFIC GROUPS AND INDIVIDUALS

Commission on Human Rights
57th session
12 April 2001
Morning







Foreign Minister of Iraq, Special Representative of Secretary-General
on Internally Displaced Persons, Address the Commission



The Commission on Human Rights this morning continued its debate on specific groups and individuals, with special emphasis on migrant workers, minorities, mass exoduses and displaced persons, and other vulnerable groups and individuals.

Country delegations raised issues relating to migrants, internally displaced persons, refugees and other vulnerable groups like people infected by HIV/AIDS in their States. There was praise for efforts to integrate these groups in societies and accusations of violations in other countries. The situations in Abkhazia, Georgia; Angola; Armenia; Azerbaijan; Sudan; Pakistan; Latin American countries; Cameroon; Mexico; Zambia; Poland; China; Cuba; and the United States were highlighted.

The Commission was also addressed by Mohammed Said Al-Sahaf, the Minister for Foreign Affairs of Iraq, who said that before the 1991 comprehensive military aggression against Iraq, the country had made substantial gains in human rights and in human well-being and the standard of living in the country had been one of the highest in the region. But the aggression against Iraq had eroded those accomplishments through destruction of its infrastructure and the facilities and sectors that sustained life. The comprehensive embargo that had now been imposed on Iraq for more than 10 years had multiplied the effects of the aggression by ten. The embargo had already caused the deaths of more than 1.5 million people, the majority of them women, children, and the elderly.

Francis Deng, the Special Representative of the Secretary-General on internally displaced persons, said that internal displacement affected from 20 to 25 million people in over 40 countries; but Africa, with half the world's displaced populations, was the worst-hit continent; and within Africa, Sudan, his own country, with over 4 million internally displaced, led the continent. His mandate, over nearly ten years, had crystallized into that of a catalyst within the international system to raise the level of awareness of the problem and to carry out dialogues with Governments and all pertinent actors on ways of ensuring protection and assistance to internally displaced persons.

The following States took the floor during the discussion: Georgia, Angola, Armenia, the United States, Pakistan, Mexico on behalf of GRULAC, Cameroon, Peru, Mexico, Zambia, Poland, China and Cuba.

Sudan, Turkey, and Armenia exercised their right of reply.

The Commission will meet at 3 p.m. to continue its debate on specific groups and individuals.

Specific Groups and Individuals

Under this agenda item, the Commission has before it a number of documents.

There is a report (E/CN.4/2001/83) of Francis M. Deng, Representative of the Secretary-General on internally displaced persons, which concludes, among other things, that progress on institutional responses and standard-setting must be translated into improvements on the ground for the protection, assistance and reintegration of the internally displaced; that the Representative had found that his approach of respecting the sovereignty of Governments while underscoring their responsibilities for the internally displaced had proven to be a most constructive basis for dialogues with countries; and that while some questions have lately been raised over the method followed in the development of the Guiding Principles on Internal Displacement, there was widespread consensus on the value of the Principles in offering audience, admittedly as a non-binding document, for ensuring protection and assistance to displaced populations.

An addendum (Add.1) addresses the subject of forced relocation in Burundi, recommending, among other things, that the international community continue to advocate for the cessation of regroupment practices and the dismantling of all regroupment camps; that the Government and international community jointly develop a comprehensive response strategy to meet the needs of regrouped populations; that the Government should communicate to the United Nations and NGOs the locations of the additional 13 sites to be dismantled and should include Kabezi on the list of the first camps to be dismantled, given the grave conditions in the camp, and should also give priority to those sites in remote locations and inaccessible to outside aid; that the Government should ensure urgently that regrouped populations have full access to their agricultural fields at least four times a week, especially in order to enable them to plant crops during the current planting season; and that donors provide support for the needs of regrouped populations and other internally displaced populations and returnees.


An addendum (Add.2) summarizes a regional workshop on internal displacement in the South Caucuses at which participants emphasized, among other things, the highly negative consequences of protracted internal displacement on the region; the high levels of poverty and unemployment in the region, which affect internally displaced persons disproportionately; the growing number of internally displaced children who have had to resort to begging or even criminality; and the disproportionate suffering endured by the women and children who make up the majority of the internally displaced in the region.

An addendum (Add.3) reports on the situation of the internally displaced in Armenia, recommending, among other things, that national awareness of the matter be increased; that voluntariness of return be ensured; that security conditions in areas of return be assessed objectively; that comprehensive de-mining be carried out; that safe access to land be ensured; that reconstruction and rehabilitation in border regions be carried out; and that conflict-resolution efforts between Armenia and Azerbaijan be actively supported.

An addendum (Add.4) reports on the situation of the internally displaced in Georgia and recommends, among other things, that the vulnerability and special needs of the internally displaced be acknowledged; that the Government design national policies and legislation in accordance with the Guiding Principles on Internal Displacement; that the Government ensure the full rights of the internally displaced as citizens; that the Government ensure payment of the stipend to which internally displaced persons are entitled; that it give special attention to the particular needs of women and women-headed households among the displaced; that it uphold the right to return in safety and dignity; and that the Government of Georgia and that of the Russian Federation intensify efforts to resolve conflicts causing internal displacement, especially that in Abkhazia.

A final addendum (Add.5) reports on the situation of the internally displaced in Angola, recommending, among other things, that standard operational procedures be developed to ensure the uniform implementation of norms on resettlement and the involvement of humanitarian organizations in security assessments in the country; that these norms be fully implemented within security perimeters; that there be increased engagement of the Government and donors in humanitarian response to the existing situation; that there be more effective coordination of the humanitarian response; that there be agreed criteria for targeting food distributions; that there be adequate maintenance and repair of airstrips and provision of logistical capacity for humanitarian operations; that primary and secondary education be provided to internally displaced children; and that awareness be increased of abuses against displaced children.

Statements

FRANCIS DENG, Special Representative of the Secretary-General on internally displaced persons, introducing his report (E/CN.4/2001/5, and Adds. 1-5) said, among other things, that internal displacement affected from 20 to 25 million people in over 40 countries; but Africa, with half the world's displaced populations, was the worst-hit continent; and within Africa, Sudan, his own country, with over 4 million internally displaced, led the continent. His mandate, over nearly ten years, had crystallized into that of a catalyst within the international system to raise the level of awareness of the problem and to carry out dialogues with Governments and all pertinent actors on ways of ensuring protection and assistance to internally displaced persons.

The Guiding Principles on Internal Displacement which he had developed in cooperation with the Commission and General Assembly were not legally binding, Mr. Deng said; they were based on norms of humanitarian law and attempted to fill an existing vacuum without undermining the sovereign rights of States to negotiate legally binding instruments. Some Governments had expressed concern over how the Guiding Principles had been developed, but the process had been broad-based and inclusively representative, and worldwide there had been a positive response to them. Also, such non-binding principles could be considered a growing document, enhanced rather than diminished by further constructive dialogue.

In approaching development of institutional arrangements for the internally displaced, Mr. Deng said he had opted for enhancing the collective capacity of the international system through a collaborative approach. Overall responsibility for meeting the needs of the internally displaced had been assigned to the Emergency Relief Coordinator who headed the Office for the Coordination of Humanitarian Affairs (OCHA) and chaired the Inter-Agency Standing Committee (IASC). The IASC had recently established a Senior Inter-Agency Network on Internal Displacement.

Country visits were critical to his work, the Special Representative said; in his dialogues with Governments and other actors, he emphasized recognition of the problem as internal and therefore falling under State sovereignty, but also conveyed that sovereignty was not a barricade against the outside world but a normative concept of responsibility for citizens and all those under State jurisdiction. Most countries responded positively to his requests for visits; he hoped the United Nations system would find a way of engaging those countries which responded evasively or negatively to change their minds.

MOHAMMED SAID AL-SAHAF, Minister for Foreign Affairs of Iraq, said that working with great effort over many years, Iraq had made substantial gains in human rights and in human well-being; the standard of living in the country had been one of the highest in the region. But the 1991 comprehensive military aggression against Iraq had eroded those accomplishments through destruction of Iraq's infrastructure and the facilities and sectors that sustained life. The comprehensive embargo that had now been imposed on Iraq for more than 10 years had multiplied the effects of the aggression by ten.

The embargo had already caused the deaths of more than 1.5 million people, the majority of them women, children, and the elderly, the Foreign Minister said. One fourth of Iraqi children under the age of five suffered from malnutrition, schools had closed, and unemployment and drop-out rates had risen. The use of depleted-uranium ammunition by the United States and Britain had caused severe damage to the environment and to the general health of Iraqis. It was unfair and unjust to evaluate the situation of human rights in Iraq on the basis of the claims of entities which were openly hostile to the country and which continued to attack it daily through flights over the so-called no-fly zone -- aggression that had killed hundreds of civilians.

Iraq was ready to cooperate with any honest and neutral effort at bolstering human rights that avoided bias and selective approaches, the Foreign Minister said. But some influential States led by the United States continued to use confrontational methods for the sake of their own evil interests, and to table unfair resolutions in the Commission against Iraq, China, Cuba and other States. The Commission should thwart this evil approach before it did harm to the credibility of human-rights agencies, including the Commission. The Commission also should do more to help the Palestinian people by firmly appealing for an end to the flagrant crimes being committed against them by the Zionist occupation forces.

The draft resolution on Iraq being tabled by the European Union had the same defects of previous ones, the Foreign Minister said; it was unbalanced, unobjective, biased and contained allegations that were void. Iraq appealed to all friendly and fair countries to halt such resolutions. It also appealed to the Commission to join efforts aimed at lifting the embargo against Iraq.

AMIRAN KAVADZE (Georgia) said it had been nearly nine years since his country had fallen victim to ethnic violence in the western province of Abkhazia, Georgia. In Georgia some 250,000 persons remained internally displaced as a result of military conflict and ethnic-cleansing committed by Abkhaz separatists' forces. Abkhazia had always been considered as an integral part of Georgia. The Government of Georgia acknowledged the vulnerability and special needs of the internally displaced persons and their rights to protection, assistance, reintegration and development aid. The fate of those most vulnerable groups of displaced persons was a source of considerable concern for the Georgian Government. Together with international organizations, non-governmental organizations and local authorities the Government was identifying their special needs and had taken steps to address them.

The Government of Georgia had already taken steps for comprehensive and country-wide efforts to improve the current conditions of internally displaced persons. It had agreed with the suggestion of the Special Representative of the Secretary-General on internally displaced persons that all the Government's efforts now should be shifted from providing humanitarian assistance to initiating the critical transition from relief to development aid. Besides, the Government had been called upon to ensure a fair and transparent process for property restitution or compensation for returnees.

JULIA MACHADO (Angola) said the report of the Special Representative of the Secretary-General on internally displaced persons on the situation in Angola reflected the efforts made by the Angolan Government on behalf of the internally displaced; the Government was struggling to achieve peace and stability and a macro-economic balance that would make possible the country's harmonious development. It had adopted a law on amnesty to pardon all those who had committed political crimes, and a plan had been developed for social reintegration of all those who had abandoned the path of armed subversion and rejected the activities of terrorists.

A programme of stabilization and recovery was wide-based and focused on the population as a whole, and included efforts on behalf of the internally displaced; it focused on such matters as health, education, and minimum social assistance for the most vulnerable strata of the population, which included the internally displaced. Attempts were being made to reinstall the internally displaced in areas that were stable and safe, and to allow them to achieve self-sustained development. Plans were under way to resume normal agricultural development in most of the country. However, the Government was concerned that donations and aid programmes for national recovery amounted to only 51 per cent of what was needed; Angola appealed for additional help from the international community.

ASHOT KOCHARIAN (Armenia) said that the report of the Special Representative of the Secretary-General on internally displaced persons focused mainly on the plight of those internally displaced persons following a decade-long conflict between Nagorno Karabagh and Azerbaijan which had left 72,000 people in Armenia internally displaced. The number included the Armenians who had become internally displaced as a result of the occupation of the Artsvashen region of Armenia and the systematic shelling of Armenia's border regions by Azerbaijan. Another 120,000 people were also displaced as a result of the disastrous earthquake of 1988 and other natural disasters such as mudslides and man-made disasters. Most of the displaced persons were concentrated along the bordering regions with Azerbaijan. A large number of them, separated from their families, had left the country and migrated regularly in search of a better social and economic environment.


At the international level, no adequate attention had been paid to the problems of the internally displaced persons in Armenia in order to implement specially designed programmes to address successfully their plight. While welcoming the readiness of the donor institutions to realize a multi-million dollar project in neighbouring countries, Armenia would like to underscore that in the country conflict-induced displaced persons still lived in iron tankers and bombarded shelters and had the same right to benefit from similar assistance. The regional approach was the most effective way to address the issue in a comprehensive manner.

NINA SHEA (the United States) said there was a great moral issue facing the Commission, the systematic violation in Sudan of a long-standing, widely recognized human rights norm. For the Commission to speak of abductions and nothing about slavery, as this year's resolution did, was to condemn the lesser violation and ignore the graver one completely. That was an abdication of the fundamental responsibility of the Commission to defend the universal human rights of every human being to life, liberty, and the security of persons. The United States Government had made many interventions on slavery in Sudan in recent years, and its annual country report on human rights situations had repeatedly documented that abhorrent practice.

In May 1999, the Sudanese Government, while not admitting its responsibility for slavery, did acknowledge the "problem of abduction and forced labour of women and children". In cooperation with the United Nations agencies and other foreign help, it had established the Committee for the Eradication of Abduction of Women and Children. Unfortunately, the Committee had not achieved as much thus far as one would have hoped. After two years of work, of the thousands of southerners now thought to be enslaved in the north, the Committee had reunited only 353 children with their families, according to the Special Rapporteur. Meanwhile, the raids continued; slaves were taken at a faster rate than they were released by the Committee. In addition, the continuing aerial bombardment of civilians, the Government's restrictions on humanitarian food assistance, the religious persecution, the degradation of women, the conscription of child soldiers, the lack of basic civil and political rights, and the absence of the rule of law all concerned the United States deeply.

ATTIYA INAYATULLAH ( Pakistan) affirmed that minorities in her country had made and were making important contributions in all walks of life. Members of minorities held senior ranks in the defence forces, civil bureaucracy, judiciary and other government departments. The unity of Pakistan was incomplete without the Christians, Hindus, Sikhs, Buddhists, Parsis and other non-Muslim communities of Pakistan. The present Government was fully aware of its role and responsibilities towards the minorities of Pakistan. Other religions were being practised openly in the country. There was no restriction on the publication of religious books or material and the impairing of religious education. There was no discrimination whatsoever in admission to schools funded by public money. Minorities were free to maintain and operate their places of worship. The Government was very keen on enhancing inter-faith understanding and communal harmony in all the citizens of Pakistan, Muslims and non-Muslims alike.

No society or country in the world could claim to be perfect. Pakistan was no exception. It had never shied away from constructive and purposeful criticism. Pakistan regretted that over the past few years, some particular non-governmental organizations and others had continued to target the country. They had, in the name of minority rights in Pakistan, sought to serve their vested interests and to defame Islam as a manifestation of "Islamophobia". Ironically, the same organizations, while targeting Pakistan, had chosen to conveniently ignore the situation of minorities in a country of the region, where rights of all minorities, in particular the right of Muslim minorities, were being trampled.

MARICLAIRE ACOSTA (Mexico), speaking on behalf of the Group of Latin American and Caribbean Countries (GRULAC), said that in many cases migrants suffered from xenophobia, intolerance, covert forms of racism, and abuse by authorities and groups in the societies of their host countries. There also had been an worrying upsurge in anti-migrant groups and political parties. Other forms of discriminatory treatment occurred in such areas as housing and in the treatment meted out in airports and train stations. At present there were more than 120 million migrants, with about 40 per cent of them undocumented.

There was a need to ensure consistency between free markets and the free movement of persons. Latin America had a long experience of migration extending back centuries, and its experience had taught it that a police-based method of dealing with migrants was usually incompatible with human rights. The problems of migrants could be exacerbated by their inability to be joined by their families. The World Conference against Racism would provide a special opportunity for making progress. It was hoped that the Declaration resulting from the Conference would reflect the findings of the Latin American preparatory meeting that migrants had made major contributions to their host countries and that more had to be done to combat racism and xenophobia against them.

FRANCOIS-XAVIER NGOUBEYOU (Cameroon) said that the existence of minorities in a State should be considered in perspective of dynamism, as a positive influence and not as a threat. The protection of the rights of minorities was an obligation of each multi-cultural and multi-ethnic State. The State was responsible for guaranteeing equal rights to the different minority components of the population and for promoting respect for the cultural particularity without any discrimination. However, a confusion had been occurring between the rights of minorities and the right of peoples to self-determination. The manipulation of the issue of minorities had become a tool for destabilization of States and nations. In that context, no one country of the world could definitely be spared from interference and extremists' destruction.

Cameroon was a multi-ethnic society where more than 230 ethnic groups peacefully coexisted and a number of religious groups were living in the same manner. That socio-cultural diversity, far from constituting a factor of conflict and obstacle to communal life, was rather considered by the Government and the population as a factor of mutual enrichment. In order to guarantee further rights to all minorities of the country, the Government had revised the Constitution in 1996 with the creation of democratic institutions which promoted and protected the rights of minorities.

GONZALO GUILLEN BEKER (Peru) said globalization was affording countless opportunities to millions of people and offering enormous potential for eradicating poverty; on the other hand it was showing a capacity for exacerbating tensions and difficulties. There was a serious contrast between ever-easier movement of capital and continuing barriers to the movement of people. Globalization, far from reducing flows, would increase migration pressures in years to come; the social fractures stemming from restructuring were likely to uproot more and more people from their communities and cause them to seek employment abroad. Migrants now numbered more than 120 million, and their numbers were growing.


Discrimination and xenophobia against migrants was increasing and was a cause for concern; there had to be a better understanding in the era of globalization of the importance of treating migrants with respect, and of ensuring their human rights. United Nations Member States should agree to study situations which gave rise to unusual flows of migrants and there should be wide-ranging dialogues on coping with matters of undocumented migration. More should be done to penalize those who trafficked in migrants and to avoid punishing those who were subjected to trafficking. Similarly, more had to be done to protect human rights in the context of HIV/AIDS.

MARICLAIRE ACOSTA (Mexico) said that the protection and promotion of the human rights of migrants was a central theme of the international agenda on human rights. That was, unfortunately, where one was witnessing daily dramatic violations of human rights, and grave racial, xenophobic and violence perpetrated against migrants. It was the role of the international community to protect the vulnerable groups of migrants. The issue of migration was inherent in the process of globalization. In 1965, there had been 130 million migrants, while at present the number had increased to 150 million, of which 40 per cent were undocumented. The migrant population was a source of finance for the countries of origin. The developed nations needed those migrants for the growth of their economies. Mexico believed that the international community should define a clear agenda concerning the human rights of migrants. The forthcoming World Conference against Racism would be an opportunity to design that agenda.

The Government of President Vincente Fox had given high priority for the protection and promotion of the human rights of migrants. During its 100 days in power, the new Government had defined actions to be taken in that direction. In addition, the protection of the human rights of migrants constituted one of Mexico's main foreign policy priorities.

B. M. BOWA (Zambia) said the Office of the High Commissioner for Human Rights had a role to play in the ongoing UNHCR Global Consultations on International Protection aimed at attaining greater human rights respect in application of the Refugee Convention. Zambia had some 260,000 refugees from 13 countries, and a good record as a host country, but it was poor and needed additional support and logistical aid to cope with this influx. It appealed to creditor countries, the IMF and the World Bank to implement meaningful debt relief for countries such as Zambia that hosted large numbers of refugees.

Currently, the situation for about 80,000 refugees who received food from the World Food Programme was desperate; some 1,500 metric tons of mixed commodities were needed monthly, and any further cuts in food rations would endanger lives. The WFP had already been forced to cut refugee rations by 50 per cent since March. Zambia appealed to the Commission and other humanitarian organizations to sensitize the international community to the need for increased and timely support for refugee programmes in Zambia and in Africa in general.

KRZYSZTOF JAKUBOWSKI (Poland) said that people with HIV/AIDS were exposed to discrimination and might be more vulnerable, because they were not able to enjoy their rights. The widespread abuse of human rights and fundamental freedoms associated with HIV/AIDS had emerged in all parts of the world in the wake of the epidemic. Over 20 years, the HIV/AIDS epidemic had continued its relentless spread across all continents. It had become a truly global emergency. Since the HIV/AIDS epidemic had appeared, a gradual development of the State's policy had been seen in Poland. At the end of 2000, an estimated 20,000 persons were living with HIV/AIDS in the country. The national policy had been very dynamic, especially over the last three years. Its most important aims were laid down in the National Programme of Prevention of HIV Infections and Care Offered to People Living with HIV and AIDS, which was adopted by the Government.

The protection of human rights in the context of HIV/AIDS had been on the agenda of the Commission for many years. From the beginning, Poland had been very strongly involved in that activity.

LI BAODONG (China) said his country had 55 ethnic minorities, 43 of them in its mid-west regions, where due to historical and geographical constraints some areas were at a low level of socio-economic development. In response, the Government had formulated at the turn of the century a development strategy for its western regions which called, among other things, for heavy investments in infrastructure, basic industry, transport, energy, communications and water conservancy. Already there had been accelerated economic growth in response, and eventually this would result in a closing of the gap between China's western and eastern regions.

The Chinese legislature also had amended the Law on the Autonomy of Ethnic Minority Regions, adding preferential policies related to finance, fiscal matters, taxation and foreign trade along with greater efforts at poverty alleviation. The religious beliefs, customs, traditional cultures, and languages of minorities were protected by law; the Government had provided assistance and support to the western region to promote economic growth, as ethnic autonomy counted for little without establishment of good living standards. China was ready to work with the international community in efforts to promote and protect the rights of minority groups.

JORGE FERRER RODRIGUEZ (Cuba) recalled that the anti-immigrant operation put into practice by the United States, since 1994 along its south land borders had caused 1,444 deaths in seven years. According to several sources, 60 per cent more immigrants than in 1999 lost their lives in the frontier cross last year. For more than three years, some 851 immigrants from 69 countries had remained detained by the Immigration and Naturalization Service of the United States which intended to be the judge of whatever happened in relation to human rights in any part of the world except at home. That situation was a contravention of the international norms on human rights. Of the total detained immigrants, 361 detainees had never been declared guilty of any crime, not even of minor importance.

Cuba had signed several migration accords with the United States in guaranteeing safe and ordered migration. However, the existence of the so-called Cuban Adjustment Act since 1966 constituted discrimination against the migrants of other countries that, in opposition to the Cubans, were considered and treated as criminals. On other issue, the problem of minorities was also concerning and required major attention from the international community. The situation of the Roma population in the Czech Republic was also alarming.

Rights of reply

A Representative of Sudan, speaking in right of reply, said the delegate of the United States had deliberately distorted the agenda item under which she had spoken this morning, and also had slandered Sudan. Sudan categorically reiterated that slavery did not exist in Sudan. The allegation of the United States was politically motivated and was intended to tarnish the image of Sudan. The United States should tackle slavery issues within its own borders before criticizing others.

A Representative of Turkey, speaking in right of reply in reference to a statement made by Armenia, said that his country had no diplomatic ties and did not exercise any blockade against that country.


A Representative of Armenia, speaking in right of reply, said the statement of Turkey was another irresponsible attempt by Turkey to justify its relations with neighbouring countries. The Special Representative's report correctly noted that blockades by neighbouring countries had resulted in serious difficulties; Turkey continued to impose a blockade against Armenia after nine years. The blockade had its worst impact on the most vulnerable populations and in fact flagrantly violated the human rights of all in Armenia.

A Representative of Turkey, in a second right of reply, said that Armenia had to resolve its relations with its neighbours peacefully and should put an end to its occupation of the territory belonging to Azerbaijan.

A Representative of Armenia, in a second right of reply, said Armenia's previous replies and statements should have been enough to make Turkey aware of its unacceptable behaviour in the Commission. Turkey should be aware, furthermore, that its own human-rights record was among the worst in the world. Its continuing blockade against Armenia was causing serious and unpardonable human-rights violations against innocent Armenians.




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