COMMISSION ON HUMAN RIGHTS DISCUSSES REPORT OF HIGH COMMISSIONER

Commission on Human Rights
57th session
20 March 2001
Afternoon




Minister for Foreign Affairs of Portugal Speaks


The High Commissioner for Human Rights introduced her annual report this afternoon, telling the Commission on Human Rights, among other things, that the international community had to come to grips with the various ways in which racism revealed itself in today's world. It was worrying that despite the defeat of apartheid, some of the old forms of racism persisted, said the High Commissioner, Mary Robinson. She added that the last decade had witnessed the outbreak of brutal racial and ethnic tensions in Asia, Africa, Europe and elsewhere.

The Commission also heard an address by the Minister for Foreign Affairs of Portugal, who said, among other things, that his country recognized the unique opportunity posed by the upcoming World Conference against Racism for promoting the values of diversity and the contributions of all people to the progress of mankind.

The Minister, Jaime Gama, also called for accountability for events in East Timor, for the full disclosure of the truth of what had happened there, and for national reconciliation.

Representatives of Pakistan, Indonesia, China and Cuba delivered statements on organization of the work of the session, calling for an end to what they said was politicization, double standards, and -- in China's terms -- "finger-pointing", and calling for more attention to economic, social and cultural rights and the right to development.

Also speaking were Representatives of Thailand and the World Union for Progressive Judaism.

When the Commission reconvenes at 10 a.m. on Wednesday, 21 March, it will continue its consideration of the report of the High Commissioner.


Organization of Work of the Commission

Under this agenda item, the Commission has before it a report (E/CN.4/2001/15) of the High Commissioner for Human Rights which reviews her visit from 3 to 4 December 2000 to Colombia in order to verify the human rights situation in that country, support the work of the Office in Bogota and highlight the role being played by the Director and his staff. Of concern to the High Commissioner is the need for the Government of Colombia to implement efficient mechanisms to fight the paramilitary phenomenon and to tackle the structural causes of the crisis in the prison system, as well as the need to hasten the adoption of a national plan of action on human rights. She also reminds the Government, all the armed factions and Colombian society of the importance of strong backing for the attainment of a global agreement on human rights and international law as an essential step for reaffirming common values and bolstering the peace process.

The report also reviews the activities of the Office of the United Nations High Commissioner for Human Rights in Colombia; difficulties in implementing the duties of the office; the national context in Colombia including the peace dialogues between the Government and the guerilla groups, the sharp differences that have arisen among the political elite over land reform and the referendum, and the crisis that resulted; the human rights situation and international humanitarian law in Colombia which includes sections on civil and political rights, economic, social and cultural rights, rights of the child, rights of women, and the main breaches of international humanitarian law; situations of special concern such as developments in the armed conflict and peace negotiations, the spread of paramilitarism, growing populations displacement, administration of justice and impunity, the prison situation, human rights defenders, trade unionists, ethnic minorities, freedom of opinion, speech and education, and political rights; a follow-up of international recommendations; and the advisory and technical assistance activities of the office in Colombia.


Report of the United Nations High Commissioner for Human Rights and follow-up to the World Conference on Human Rights

Before the Commission under this item is the annual report of the High Commissioner for Human Rights (E/CN.4/2001/6) addressing, among other things, the question of corporate responsibility for human rights violations, monitoring mechanisms, consultations between mandate holders and NGOs representatives, and exchange of information and experiences between special procedures mandate holders.

Before the Commission is a report of the Secretary-General (E/CN.4/2001/20) on racial discrimination, xenophobia and all forms of discrimination. The report makes reference to specific requests of the Commission in resolution 2000/14 and action taken to date to implement those requests.

In addition, there is the annual report by the High Commissioner for Human Rights (E/CN.4/2001/16), which addresses the topics of State responsibility to eliminate racial discrimination, contemporary trends in racism, gender and racism, and youth and racism. The report considers other topics, including racial and ethnic conflicts, migration, indigenous rights, contemporary forms of slavery, hate speech, the treatment of minorities, discrimination in employment and other violations of economic, social and cultural rights. In addressing these issues, the report draws upon the work of the Committee on the Elimination of Racial Discrimination and the work of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance of the Commission on Human Rights. In its concluding remarks, the report calls upon all States to ratify the International Convention on the Elimination of All Forms of Racial Discrimination and to participate fully and effectively in its reporting procedures.

There is also a report of the High Commissioner for Human Rights on her visit to the occupied Palestinian territories, Israel, Egypt and Jordan (E/CN.4/2001/114). The report indicates that since late September there has been a dramatic deterioration of the human rights situation in the occupied territories. The report notes that the most persistent problem was that Israeli security forces had engaged in excessive force disproportionate to the threat faced by their soldiers. A high percentage of the injuries sustained by Palestinians had been to the upper parts of the body, including a large number of eye injuries, some caused by the firing of rubber bullets at close range. The report notes that an aspect of particular concern is allegation that the victims had suffered, with some deaths, as a consequence of their being denied access to timely medical assistance. The reports continues that very serious allegations were made of attacks by Israeli security forces on medical personnel and ambulances.

Other issues addressed by the report include settlements, the closure imposed on the occupied territories and its economic impact on the Palestinian population as well as the situation of Arab Israelis. In her concluding remarks, the High Commissioner indicates that she came away from her visit deeply concerned about the serious deterioration of the human rights situation in the occupied territories and Israel and at the terrible cost in terms of human lives. She calls on both parties to renew efforts to halt the current dangerous escalation of violence.


Introduction of Report of High Commissioner for Human Rights

MARY ROBINSON, High Commissioner for Human Rights, introducing her report, said the Commission on Human Rights was in a position to exercise real leadership in the struggle against racism. Leadership could be shown in statements by high level participants to the Commission and also by integrating a conscious perspective of practical preparation for the Durban Conference into the relevant agenda items of this fifty-seventh session. The audience waiting for this leadership was very large and included victims of racism and discrimination, civilians caught up in ethnic conflicts, the marginalized and excluded, minorities, including those of African descent, indigenous peoples, migrants, those who were trafficked, refugees and asylum seekers.

Mrs. Robinson said her report identified a number of key conventions, including those that focused on racial discrimination, migration, and refugees that had yet to receive universal ratification. In the months leading up to the World Conference Against Racism, it was essential that States demonstrate their serious intention to eradicate racism not only by ratifying human rights Conventions but also by taking practical measures to bringing their national laws and policies into conformity with the conventions' provisions.

Mrs. Robinson said the international community had to come to grips with the various ways in which racism revealed itself in today's world. It was worrying that despite the defeat of apartheid, some of the old forms of racism persisted. The last decade had witnessed the outbreak of brutal racial and ethnic tensions in Asia, Africa, Europe and elsewhere. Civilians, in particular women and children, had been the victims of unspeakable cruelty.

Mrs. Robinson said that legal as well as undocumented migrants across the globe were often subjected to humiliation, discrimination, racism and outright violence. The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted in 1990, had yet to enter into force, having received only 16 ratifications. One particularly vulnerable group was those persons who were tricked, sold, coerced, and trafficked as part of the labour force or the sex trade. Members of certain racial or ethnic groups were particularly vulnerable to trafficking because they were poor and had limited access to education, housing, employment and legal protection.

Refugees and internally displaced persons were also particularly vulnerable to racist abuse. Several countries, particularly in Asia, were not party to the 1951 Refugee Convention. In Europe, racism and xenophobia against refugees were fuelled by restrictive policies that effectively eroded the right to asylum. Some States invoked technical issues to deny protection to those who were seeking refuge. Racial and ethnic conflicts had also exacerbated the internal movement of people, with many of the almost 25 million internally displaced around the world facing ethnic and racial hatred and violence.

Mrs. Robinson said that the fact that some racist groups had misused the Internet to spread repugnant hate speech needed to be addressed urgently. The specific impact of racism on women and children deserved special attention. She was heartened by the recent judgements of the International Tribunals for Rwanda and for the Former Yugoslavia, which had brought home how women were often deliberately targeted for violence. The recent convictions of rape and enslavement as crimes against humanity served as a reminder that the international community would stand firm to assert that there would be no impunity for such crimes.

Too many children were deprived of basic education, health care, food, or adequate housing simply because they did not belong to the "right" race, ethnicity, nationality, or colour, Mrs. Robinson said. The struggle against racism was a struggle for all nations, large and small and no region, no country, no community could fairly claim to be free from intolerance. Each State needed to think of special measures for reversing historical injustices that had consigned certain groups to positions of disadvantage. Equally important, each State should establish relevant institutions and develop education and training programmes to foster tolerance and appreciation of diversity as part of their efforts to eliminate racism


Statements

JAIME GAMA, State Minister and Minister of Foreign Affairs of Portugal, said human rights had evolved from a "first generation" of rights to encompass economic, social and cultural rights which required State action to create the conditions for their fulfilment. Abolition of the death penalty had been called for in concert with Portugal's EU partners and other States. Prevention through education and the duty of Governments to promote a cultures of tolerance and respect needed to be pursued. A specific resolution on the Right to Education had been introduced as well as the traditional resolution on the realization of economic, social and cultural rights.

Mr. Gama highlighted certain situations of specific concern. There needed to be accountability for the events in East Timor, full disclosure of the truth and national reconciliation. In West Timor, the situation of the refugees remained an issue of deep concern; they lacked food, shelter and basic sanitary conditions. In addition, militia groups had attempted to infiltrate East Timor. Portugal expected that the Commission would continued to monitor the situation in East Timor and keep it on the agenda as had been done since 1992. The situation in Palestine was also of concern. The situation of the eight Portuguese citizens taken hostage in Angola was a flagrant violation of the most elementary values of human dignity. Their immediate release was called for and the solidarity and support of the Commission requested.

Mr. Gama said the World Conference against Racism provided a unique opportunity to promote the values of diversity and the contributions of every people to the progress of mankind. The commitment to fight racism and racial discrimination had been demonstrated by the policies and comprehensive legal system of Portugal. The Charter of Fundamental Rights approved by the European Union was launched during the Portuguese presidency of the EU in 2000.

MUNIR AKRAM (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said the OIC had consistently condemned violations of human rights in the occupied territories. The grave and unabated violations of the human rights of the Palestinian people evoked deep concern in the Islamic world and a primary task of the Commission this year should be to focus on bringing an immediate end to the situation. Only four Special Rapporteurs had visited Israel and the occupied Palestinian territories and, thus, the request for all Special Rapporteurs to accord priority to visits to Israel and the Palestinian territories had been reiterated. The OIC opposed politically motivated country specific resolutions. The presentation of resolutions against a number of Islamic countries year after year had been interpreted as a prima facie indication of a built-in bias against the world of Islam and restraint in this regard was urged.

There should be no deviation from the rule regarding the availability of reports by Special Rapporteurs six weeks prior to the consideration of the relevant agenda item. The Special Rapporteurs and Special Representatives had been entrusted with work of high importance and needed to work within their mandates and needed to be present for the debates on their reports. A progress report was requested on the issue of the final shape of the Code of Conduct for Special Rapporteurs in conformity with the Commission's decision 2000/109. Information on negotiations needed to be available 24 hours in advance and needed to be held in transparent fashion. NGOs were encouraged to make joint statements. Self-restraint in the presentation of resolutions and the avoidance of long and repetitive resolutions were encouraged. Where developments were slow, resolutions needed to be biennialized and the Commission's meetings shortened to four weeks.

SUSANTO SUTOYO (Indonesia), speaking on behalf of Algeria, Bangladesh, Bhutan, China, Cuba, Egypt, India, Indonesia, Iran, Malaysia, Myanmar, Nepal, Pakistan, the Philippines, Sri Lanka, Sudan and Viet Nam, said that these countries were concerned at evidence that the Commission remained a forum where practices such as politicization, confrontation, spotlighting, finger-pointing, selectivity and double-standards continued to be the means by which some countries pursued ends other than promotion and protection of human rights. Statements in a number of cases in the Commission including some by dignitaries that were politically motivated. Such practices should be avoided.

Despite efforts made in recent years to enhance the efficiency of the Commission, it was worrisome to find that the Commission continued to work in the same manner as always. While the participation in and contribution to the work of the Commission by non-governmental organizations was important, NGOs should act in accordance with ECOSOC resolutions which laid down norms for their participation.

QIAO ZONGHUAI (China) said the realization of peace, development and human rights was a goal enshrined in the UN Charter, and sovereign equality and non-interference in internal affairs were important principles contained in the Charter. For many years, a few countries had persisted in taking on the role of human rights "judges", patronizing and pointing their fingers at others while ignoring or turning away from their own problems. That approach was in contravention to the spirit of the Charter and democratic principles and should be rejected by the Commission.

The Commission should be a forum where the exchange of views and experience on human rights issues could be carried out in a calm and dispassionate way. However, certain countries still clung to a "cold war" mentality and a confrontational approach, going so far as to bring their own domestic politics and party disputes into the Commission. Those countries should give up politicization and confrontation and return to the right track of dialogue and cooperation. For many years, a lack of even-handed treatment in the Commission had resulted in the preponderance of emphasis on civil and political rights and lesser importance given to social, economic and cultural rights and the right to development. More initiatives should be taken in determining agenda items, allotting time for their considerations, deciding on the number of resolutions and setting up mechanisms, in order to redress this the lack of balance.

CARLOS AMAT FORES (Cuba) said the political manipulation, selectivity and double standards that some States had imposed on the consideration of certain items of the Commission's agenda continued to be of concern. It was detrimental to the objectivity and businesslike approach that should dominate the Commission's work and would damage the credibility of the actions of the Commission, since its work was put at the service of very specific policies, which were alien to the true goals set forth by the Commission. The very limited time available to delegations to discharge the tasks was a factor that also severely affected operations. The problem was of such a magnitude that it was impossible to hide it. It would be daily necessary for every delegation in the room to make a serious and professional contribution to the debate of essential items of the agenda and to the Commission's decision-making processes.

Today the Commission was carrying out as much work in the same period of time as it had a decade ago, when it did not receive sixty-five dignitaries, as it did last year. The Cuban delegation was concerned about the lack of established guidelines in connection with the preparation and the way in which the so-called "special debate" was put into practice. Cuba's was of the view that the member States of the Commission should bear the major responsibility, and not only for the choice of the annual theme for the "debate".

VIRASAKDI FUTRAKUL (Thailand) said the fifty-seventh session of the Commission marked the first time that Thailand was participating as a full member. The report of the High Commissioner had been carefully studied and her concerns over the seriousness of the multifaceted problems of racism aggravated by globalization were shared by Thailand. The linkage between the increasing impoverishment of the Third World and global migration had been observed as a trigger of racial violence and discrimination. Freedom from want was inextricably linked to freedom from fear.


The Thai Government had set up a National Committee chaired by the Foreign Minister to consider Thailand's accession to the International Convention on the Elimination of all Forms of Racial Discrimination. The new Thai Constitution had given effect to the letter and spirit of the Convention and had mandated the creation of an Office of the Ombudsman and a National Commission on Human Rights. The Ninth Workshop on the Promotion and Protection of Human Rights had been hosted by the country. In addition, courses on respect for human rights had been established in university curricula, courses on international humanitarian law established in the military curriculum, and courses on human rights prepared for inclusion in elementary and high school curricula. Education was the key to resolving and preventing problems associated with racism and racial discrimination, but international assistance was needed. Global governance at the international level needed to be strengthened, particularly that over the international financial system.

LIU XINSHENG (China) said the Chinese delegation supported the efforts of the High Commissioner for Human Rights to promote and protect human rights. She consistently had emphasized the equal importance of both categories of human rights. Further, the Chinese delegation supported the High Commissioner's visit to Palestine in accordance with the resolution of the Special Session of the Commission on the Question of Palestine. In addition, the World Conference against Racism would be convened this year with the regional preparatory meetings already completed. At present, the preparations for the Conference, especially the drafting of the final document, had entered a critical stage.

The Chinese Government had always held the view that the protection and promotion of human rights should be realized through international cooperation on the basis of equality and mutual respect. The Chinese delegation endeavoured to protect and promote human rights and carried out international human rights cooperation in an active way.

DAVID LITTMAN, of World Union for Progressive Judaism, said the High Commissioner's report contained a noteworthy passage: "a related problem is that of hate speech and incitement". Numerous examples of hate speech were cited to the High Commissioner during her visit to Israel and she was shocked by calls, broadcast on Palestinian television and radio, urging the killing of all Jews. This grave problem of "hate speech" also surfaced in the Palais des Nations during the annual Special Meeting of the International Day of Solidarity with the Palestinian People. A sentence from the hate speech of Palestinian Observer Nabil Ramlawi, taken verbatim from the UN recordings, read "a group of criminal gangs from the various areas of the world came to Palestine to set up a State, a State that had committed crimes from 1948 until now perpetually before the eyes of the world"

Mr. Ramlawi then indulged in an even more abject calumny, namely saying that Israel had tried to kill the High Commissioner. Why had such an outrageous calumny not been opposed and the speaker brought to order as would have been done automatically regarding similar mendacity targeting another State, particularly by a non-member Observer? The High Commissioner for Human Rights was called on to tell all members and delegates whether this libellous accusation had been substantiated by official enquiry and if not what decision was being envisaged to wipe out a stain on the UN's reputation for having allowed a crude falsehood to remain unchallenged for nearly four months.



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