COMMISSION ON HUMAN RIGHTS HEARS ADDRESSES FROM COUNTRY DELEGATIONS AND NGOS ON CIVIL AND POLITICAL RIGHTS

Commission on Human Rights
57th session
5 April 2001
Afternoon




Foreign Minister of Netherlands, Deputy Foreign Minister of Italy,
Offer Statements



The Commission on Human Rights this afternoon continued its debate on civil and political rights and heard statements from country delegations and non-governmental organizations. It was also addressed by the Minister for Foreign Affairs of the Netherlands and the Deputy Minister for Foreign Affairs of Italy.

Jozias Van Aartsen, the Minister for Foreign Affairs of the Netherlands, said there
were countries where people from different backgrounds lived together in peace and harmony; societies where respect and tolerance prevailed; where diversity was seen as an asset rather than a liability; and where minorities were involved in decision-making. Such societies revealed how good governance and respect for human rights interrelated with development and prosperity. On the bleak side, discrimination and intolerance remained widespread. Political conviction, social class, ethnic background, gender, religious beliefs, economic interests and cultural traditions often divided people.

Ugo Intini, Deputy Minister for Foreign Affairs of Italy, said the World Conference against Racism created an historic opportunity to work out appropriate solutions for dealing with the problems of racism, racial discrimination, xenophobia and related intolerance. The seriousness of these issues was well known, as were the threats they posed to the civil and social progress that had been achieved after so many years of struggle in civil societies. These evils were widespread throughout the entire world, and in one way or another, they afflicted the international community as a whole.

Issues raised by speakers this afternoon included negotiations on the draft optional protocol to the Convention against Torture; national efforts to ensure freedom of religion; conscientious objections to military services; terrorism and State-sponsored terrorism; and the importance of judicial justice. A number of country delegations spoke about their national efforts to promote civil and political rights, and many refuted accusations levelled against them. The Representatives of the following States took the floor: Pakistan, Viet Nam, Costa Rica, India, the Russian Federation, Algeria, Cuba, China, Cote d’Ivoire, and Sri Lanka.

Non-governmental organizations spoke about violations of civil and political rights in a number of countries and regions. The following NGOs took the floor: the International Union of Socialist Youth, Freedom House, the National Union of Jurists of Cuba, Women’s International Democratic Federation, and the Latin American Federation of Associations of Relatives of Disappeared Detainees.

Egypt, Burundi, Iran and Albania spoke in exercise of their right of reply.

The Commission was scheduled to hold an evening meeting from 6 p.m. to 9 p.m. to conclude its debate on civil and political rights.


Statements

UGO INTINI, Deputy Minister for Foreign Affairs of Italy, said his country fully identified with the excellent statements made by the Foreign Affairs Minister of Sweden on behalf of the European Union. It did so to such an extent that only some topical issues relevant to the activity of the Commission would be concentrated upon in this statement. Last year at the Nice Summit a further step was taken towards the actual establishment of a European Constitution through the adoption of the Charter on Fundamental Rights. Italy had made an important contribution to this achievement. This was evidence of the depth and continuity of the interest of the European Union in the protection and safeguarding of human rights. In this respect, the Charter had introduced additional or integrative elements aimed at enlarging the horizons of new spheres of activity, such as genetics and human cloning.

Mr. Intini said that with the upcoming World Conference against Racism, another historic opportunity was lying ahead. The possibility should not be missed to work out appropriate solutions for dealing with the problems of racism, racial discrimination, xenophobia and related intolerance. The seriousness of these issues was well known, as were the threats they posed to the civil and social progress that had been achieved after so many years of struggle in civil societies. These evils were widespread throughout the entire world, and in one way or another, they afflicted the international community as a whole. The younger generation must be educated and prepared for a world of tolerance, mutual understanding and appreciation of diversity. One of the problems that had become a daily drama was illegal immigration.

In recent years, widespread migration to Europe had brought people from Africa, Asia and Latin America, often channelled and exploited by unscrupulous criminals and criminal organizations that had created what was nothing less than an industry based on blackmail, violence, exploitation, drug trafficking and the most paradoxical forms of slavery -- groups of migrants who had been driven from their homes by misery, war, or racial or ethnic persecution. The international community was duty-bound to act against these sickening abuses, and to put into place appropriate preventive and policing measures, not only in their own national territories, but above all within the framework of solid regional and international organizations.

Also deserving mention was the legitimate and civil fight that the European Union and Italy had been conducting, year after year to abolish capital punishment. It was with great satisfaction that a growing number of abolitionist countries were welcomed. Also being witnessed was the enlargement of de facto abolitionist countries, through moratoriums on capital executions, as well as increasing adhesions to the Second Optional Protocol to the International Covenant on Civil and Political Rights. In the face of a global economy, a global culture and, unfortunately, a global criminality, the international community should aim at establishing a global policy and governing capability, especially referring to human rights, going beyond narrow national boundaries.

JOZIAS VAN AARTSEN, Minister for Foreign Affairs of the Netherlands, said that in today's global village, many countries, including his own, had become multi-cultural and multi-religious. There were countries where people from different backgrounds lived together in peace and harmony; societies where respect and tolerance prevailed; where diversity was seen as an asset rather than a liability; and where minorities were involved in decision-making. Such societies revealed how good governance and respect for human rights interrelated with development and prosperity. On the bleak side, discrimination and intolerance remained widespread. Political conviction, social class, ethnic background, gender, religious beliefs, economic interests and cultural traditions often divided people. That had been seen in the Balkans, most recently in the Former Yugoslav Republic of Macedonia.

In the Russian Federation, there was a need for different groups to come together and use all possible means to overcome their differences in a spirit of tolerance with regard to the human rights situation in Chechnya. The Russian Government should investigate thoroughly and completely all human rights abuses and disappearances. In the Middle East, the renewed violence and bloodshed had made peace and harmony seem further away than ever. That chain of violent action and reaction should be broken. The Netherlands shared the Indonesian Government's concerns about developments in different parts of the country, in particular the Moluccans, Aceh and Irian Jaya.

Freedom of expression provided democratic societies with the necessary checks and balances. A free media and free trade in ideas should be encouraged, in accordance with human rights standards. In that spirit, the Netherlands would host an international seminar on "Freedom of Religion or Belief in the OSCE Region" in The Hague on 26 June. In China, journalists and members of ethnic, religious and belief communities, including the Falun Gong movement, had been subjected to severe prison sentences. Iran had also created an atmosphere of repression within the media community.

MUNIR AKRAM (Pakistan) said it would begin to prepare for provincial and national elections in August. While internal challenges to realizing civil and political rights were daunting, Pakistan also faced certain important externally-imposed problems with regard to the promotion of human rights. First was the consequences of its aid to people from Afghanistan. Despite the devastation of Afghanistan, Pakistan's partners in the liberation struggle walked away from Pakistan and Afghanistan when the time came to rebuild and reconstruct that country. That had had a severe impact on Pakistan. It had shattered the economy, and brought to Pakistan for the first time the proliferation of guns, drugs and extremism. Pakistan wanted to overcome these problems and realize the founders' visions of a modern, democratic, Islamic State.

On 8 February, an Agence France Presse report said a major humanitarian disaster was looming in Afghanistan. Over one hundred thousand people had left for Pakistan, adding to the 1.2 million who had already come to Pakistan. Pakistan had appealed for $ 229 million in humanitarian assistance, but the response to the request had been quite modest. No action had been taken by UNHCR to map out sites in Pakistan that would help the situation. There were no restrictions on assistance to Afghan refugees in Pakistan. Because it had a strong relationship with UNHCR, Pakistan was pained and angered by the unsubstantiated assertion by a UNHCR spokesman that it was restricting assistance to refugees. All that it had restricted was the registration of new arrivals by UNHCR. It had done so because it had wanted to repatriate refugees to their country. If Pakistan agreed to register new arrivals, that would act as a magnet for additional flows of refugees into Pakistan. It was therefore imperative that UNHCR should open new camps in Pakistan, just across the border, so Pakistan did not have to find the resources to handle new flows of refugees.

NGUYEN QUY BINH (Viet Nam) said his country attached great importance to the promotion and protection of all human rights and fundamental freedoms and was committed to the realization of all rights in Viet Nam. Viet Nam strongly believed that all human rights, comprising civil and political as well as economic, social and cultural rights, should be given the same attention. The implementation of civil and political rights should go hand in hand with those of economic, social and cultural rights. Satisfactory realization of economic, social and cultural rights should concurrently promote that of civil and political rights. For the last 15 years since Viet Nam had started its renovation process, the country had attained considerable achievements in strengthening its democratic institutions and improving its legal system, leading to significant progress in the exercise of people's civil and political rights.

The development and achievements which Viet Nam had attained were still modest and were only the first steps in the tremendous process of ensuring and promoting the well-being of its people. Such development could not be possible without the sympathy and support provided by the international community, both in the past and at present. Viet Nam sincerely hoped to contribute a constructive part in the common efforts of the world community to uphold human rights objectives, and it therefore was committed to work closely with members of the Commission and with the international community for better understanding, mutual respect and cooperation in the promotion and protection of all human rights and fundamental freedoms.

CHRISTIAN GUILLERMET (Costa Rica) said it was committed to the Vienna concept of the indivisibility of human rights. The principle needed to be repeated, especially when the delegations began negotiating the resolutions that would be voted on tomorrow. Costa Rica was a new member of the Commission, and it was committed to the values of the body. It had presented the draft optional protocol to the Convention against Torture in the 1980s, but it had yet to succeed in having it adopted. The work was difficult, but the instrument was needed. New ideas had been presented in the Working Group which enriched the terrain, and made it a possibility that a new mechanism to combat torture could soon exist. One of the proposals gave a fundamental role in the prevention of torture to the states that signed the optional protocol. The work of non-governmental organizations in the preparation and implementation of the instrument was invaluable. Prevention of torture had to be built on trusts between various parties, and this could only be achieved through political will. Costa Rica urged that today a joint effort be made to strengthen cooperation that could lead to an agreed-upon text.


A. GOPINATHAN (India) said that despite the categorical assertions by the international community to refrain from organizing, instigating, assisting or participating in terrorist acts in territories of other States, acts of terrorism, including State-sponsored terrorism, had continued and were indeed on the increase. Those were accompanied by the misleading propaganda of the State and non-State actors who sought to conceal their self-serving violent agendas behind lofty principles such as "self-determination" and "freedom struggle". The pernicious nature of that propaganda was clear from the fact that a country in India's region, that had for years exported terror to all parts of the world, was now showing the audacity to attempt the elevation of its terrorists to the level of great world leaders. India would urge those indulging in pro-terrorism propaganda to, at the very least, desist from insulting such leaders.

India had been the victim of some of the most brutal manifestations of terrorism aided and abetted from across the border. A neighbouring country, that had all along nurtured territorial ambitions on the Indian State of Jammu and Kashmir, was waging a proxy war against India. That proxy war had elements such as operation of training camps for terrorists in territories under the control of that country, supply of sophisticated weapons and explosives to them, among other things. India's repeated unilateral gestures to restore peace and calm in the Indian State of Jammu and Kashmir had been responded to by heightened terrorist violence, particularly against civilians.

VLADISLAV ERMAKOV (the Russian Federation) said that among the civil and political rights, freedom of religion was one of the most fundamental. There was no point in trying to deny or hide the fact that some religious world views did not complement one another. There had been an increase in extreme religious sects. In the Russian Federation, where practitioners of many of the world's great religions lived together, there was an opportunity to have an inter-religious dialogue. The Russian Inter-Religious Council worked with religions recently at a major conference -- "Religion and the World." As in most countries, religious associations in Russia were separate from the State. That did not stop, however, fruitful relations between religions and the State. These could be considered a partnership for the well-being of society. Unlike the situation during the Soviet period, Russian legislation did not prevent the actions of unregistered religious organizations. However, they did not have the status of legal entities without registration. The registration deadline was extended until last December. The question of the freedom of religion was closely tied with the question of conscientious objections to military services. This was recognized in the Russian Federation, although there had yet to be a national law, in part because of the reform of the military in Russia. But there was the recognition of the need for a rapid solution to that question.

MOHAMED-SALAH DEMBRI (Algeria) said that interactive debate with the Special Rapporteurs was essential in the Commission. In compiling their reports, the Special Rapporteurs used the materials supplied to them and directly reproduced them without profound verifications. With respect to the report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Sir Nigel Rodley, the Algerian Government had already sent responses to the Special Rapporteur on the alleged cases he had referred to. However, Algeria found the time limit to supply responses to the Rapporteur was short. In addition, unverified cases of allegations had appeared in the report of the Working Group on enforced or involuntary disappearances. With regard to the Special Rapporteur on extra-judicial, summary or arbitrary executions, Asma Jahangir, she referred to communications to which the reality did not correspond. Concerning the report of the Special Rapporteur on freedom of opinion and expression, the report was a profound scorn with regard to Algeria. In addition, Representatives of some States were urging other States to accept the requests of the Special Rapporteurs to visit their countries, which was not in accordance with the spirit of the work of the Commission.

MIGUEL ALFONSO MARTINEZ (Cuba) said it was frustrated in dealing with the agenda item on civil and political rights -- this was a new session, but it was more of the same. Cuba, which fully appreciated civil and political rights for all citizens, could not but describe as critical the situation it was faced with. This item had seven sub-items, and it analysed 15 different themes. These contained 82 documents, totalling over 1,300 pages. A great deal of this documentation was only available a few days ago, which reduced Cuba's ability to react to its substance. The report of the Special Rapporteur on the independence of the judiciary had only become available two days ago, and the delegation still had not seen the report on torture. There simply was no ample time to absorb all of this information, and then to summarize the information in a 10-minute statement, or 5 minutes for non-governmental organizations.

There was no blame here -- it was simply the proliferation of subjects that had to be dealt with every year. There were draft resolutions circulating while work on other agenda items continued. There would not be time to take part in all these consultations. In general, the documentation available on this item confirmed the trend of cases of human rights violations in the country's of the south. The immense majority of complaints received were by NGOs in the north about violations in the south. The result would be the same -- the unhealthy image that all that went wrong in the world happened in the perilous countries instead of the marvellous and rich countries. In four reports under this item, there was no criticism of Cuba. Those who abstained from criticizing the United States obviously suffered from congenital blindness. There was disappointment that the Special Rapporteurs on religious intolerance and extrajudicial executions could not visit Israel because that State denied access to territories under its control.

SHEN YONGXIANG (China) said that his country was continuously working for the rule of law by improving legislation and enhancing the supervisory role of the people's congress. It had been engaged in further deepening its legal system reform in order to ensure judicial justice and guarantee human rights though law. Judicial justice was of paramount importance. A major guarantee of the enjoyment of civil and political rights lay in just and effective law enforcement. At present, Chinese judicial organs were making great endeavours to further promote judicial justice and to unify the Chinese legal system with focus on the theme of enhancing supervision and due process.

In China, freedom of speech was guaranteed by law; and it was clearly stated in the Chinese Constitution that citizens enjoyed the freedom of speech, publication, gathering, association and demonstrations and that citizens had the right to criticize government institutions and their staff. In addition, freedom of religious belief was effectively guaranteed; and respecting and protecting freedom of belief was a long-term policy of the Chinese Government. The Government always respected and protected the freedom of choice of Chinese citizens over religious belief. That freedom was protected under the Chinese law. Further, China strictly prohibited torture and protected the fundamental rights and interests of its citizens.

The human rights record of the United States was very disturbing, and there were too many problems to numerate, ranging from spread of handguns to corruption of the legal system and miserable conditions of United States prisons. But the United States was making no reference of its own human rights issues while making exclusively groundless charges against other countries.

CHRISTIAN-CLAUDE BEKE DASSYS (Cote d'Ivoire) said it had been queried on a number of events that had taken place on its territory. He recalled that it should not be forgotten that the human rights violations had occurred during the 10-month military transition period. However, beginning last October, there had been a historical period with democratic elections. The Special Rapporteur had been immediately invited to the country. This showed that the new Government was willing to cooperate with the machinery of the Commission. He regretted the allegation levelled by the European Union yesterday that said Cote d’Ivoire had not invited the Special Rapporteur. With respect to harassment and extortions, they had been a significant problem that affected everyone in the country. Special paramilitary forces had been dissolved, and measures were taken by the Government to create a "police of the police." All those whose guilt was proven would be punished. Cote d’Ivoire wanted to battle impunity.

YASANTHA KODAGODA (Sri Lanka) said that terrorism in all its manifestations and forms continued to threaten peace, violate human rights of the peoples of the world, destabilize the very fabric of societies and last but not least, threaten territorial integrity and sovereignty of States. Sri Lanka was familiar with the devastation to life and property which internationally recognized terrorist groups had brought about during the last two decades. The Government had to protect its people from all forms of violations of human rights, and it was essential that it resolutely combat terrorism. Terrorism had jeopardized and undermined the process of seeking political solutions to national issues. It caused considerable strain on international and regional relations and peace. It was obvious that acts of terrorism infringed on virtually all human rights guaranteed by international human rights instruments.

LAMYANG CHOEPHEL, of the International Union of Socialist Youth, said the exercise of freedom of expression and opinion, a recurring factor in most incarcerations of an arbitrary nature, was lawfully safeguarded in the Universal Declaration of Human Rights, and under the provisions of the International Covenant of Civil and Political Rights. Yet, in Tibet under Chinese rule, peaceful expressions and demonstrations against China's policies and directives, possession of Dalai Lama photographs and the Tibetan national flag, and allegiance to the "Dalai Clique", a reference to the Tibetan Government in Exile, were common grounds for arrest and detention. The Chinese Government contended that the aforementioned category of crime conformed to the principles enshrined in the Universal Declaration of Human Rights, and the International Covenant, and that these two documents were subject to restrictions imposed by China's own national law. The gulf between the laws and this application remained significant as authorities continued to place a higher priority on stability than on national and international laws and norms.

Despite the revision of laws and criminal procedure, Tibetans who expressed political views which contradicted the mandate of the State were treated severely. The existence of the right to freedom of expression was rendered redundant by the harsh crackdown on people exercising this right. This was an illustration of the extent of freedom of speech as guaranteed by the People's Republic of China, and granted to the Tibetan people.

JOSEPH ASSAD, of Freedom House, said its Centre for Religious Freedom had published a global survey that demonstrated that religious freedom was violated in many settings and cultures. It showed that many States brutally persecuted or failed to stop the widespread persecution of those who chose to worship freely, in accordance with their deepest feelings and beliefs. Sudan committed religious persecution on a massive scale. Its record included forced conversion, repression of those who did not subscribe to its version of Islam, the application of its interpretation of Sharia law to the entire population, support for the enslavement of those regarded as opponents of the regime, and the prosecution of a war widely considered genocidal. In Egypt, the Copts, while generally able to practice their religion, were threatened in varying degrees by terrorism from extreme Islamic groups, by abusive practices of local police and security forces, and by discriminatory and restrictive Government policies. In the Russian Federation, Russian actions represented what amounted to a policy of collective punishment of the Chechen people and the destruction of their mosques and other houses of worship through a reckless military campaign. In Viet Nam, one of Asia's most religious societies, the Government had sought to repress all religions independent of State control. And in China, the Government's campaign to eradicate unregistered groups had intensified during the late 1990s. At the turn of the millennium, unregistered Catholics and Protestants, as well as Tibetan Buddhists, and Muslims, reported that many of their followers endured arrests, fines, imprisonment and severe economic discrimination, and that some of their leaders had been tortured and killed.

RAUL SANTIAGO MANTILLA RAMIREZ, of the National Union of Jurists of Cuba, said that there were 14,000 elected members in the municipal assemblies nation-wide in Cuba. The body was elected through a secret ballot. In addition, citizens had associations to defend their interests locally and their national association defended the interests of the members. There were associations for women which promoted their interests and affirmed their place in society. The association of university students was also contributing a lot to the progress of the youth in all fields in the society. There were also some other 2,000 associations which all endeavoured to promote the social well-being of Cubans.

DORA CARCANO, of the Women's International Democratic Federation, said human rights were all of equal importance -- they were universal and inherent in the human condition. They were indivisible. Without the right to life, the right to health, and the right to education, there could be no civil or political rights. How could one participate in civil or political society if he was illiterate?

MARTA O. DE VASQUEZ, of the Latin American Federation of Associations of Relatives of Disappeared Detainees, recalled that the Working Group on enforced or involuntary disappearances of persons had recorded new cases in 29 countries. It had also elucidated 45,998 cases which had become an international problem. Unfortunately, some countries were not willing to invite the members of the Working Group so that they could verify the situation in the field. The cases of disappearances were crimes according to article 4 of the International Declaration on Enforced Disappearances. Argentina could be cited as a good example in its implementation of a law against enforced disappearances of persons. Among the countries of Latin America, Colombia had suffered most in cases of disappearances, including torture, displacement and massacres. In addition, in Mexico, Guatemala, Honduras and Colombia, human rights defender had been persecuted.


Rights of Reply

A Representative of Egypt, exercising a right of reply, said Baha'i International yesterday had referred to the arrest of a number of Baha'is in the country. Those arrested had possessed documents and leaflets attacking Islam. The prosecution had charged those arrested with belonging to an outlawed group that had attacked Islam in the past. The Egyptian Constitution called for the respect of the right to beliefs. But the Baha'is had consistently attacked Islam and its symbols. Such acts affected the public order in the country. This was not acceptable in any country in the world. The Waco example in the United States showed that the Government had the responsibility to act to preserve public order.

A Representative of Burundi, exercising a right of reply, said the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, and the Special Rapporteur on extrajudicial, summary or arbitrary execution, had visited Burundi last year. The Government had adopted a new code for judicial procedure to combat human rights abuses in the field. Unfortunately, the economic crisis, which was the result of the civil war, had limited the budget and made the implementation of new provisions more difficult. The delegation had asked for real cooperation, rather than having observers and reporters, so it could have real implementation on the ground.

A Representative of Iran, speaking in right of reply, regretted that certain non-governmental organizations were using the United Nations system to support terrorist groups. It was no secret that the armed group attacking civilians in Iran had been supported by certain non-governmental organizations. Such NGOs were using the premises of the United Nations to provide support to armed terrorist activities. With regard to the freedom of expression in Iran, the number of newspapers had increased and their distribution had been widespread.

A Representative of Albania, exercising a right of reply, said the official figure of Albanians of Greek origin used yesterday was based on the 1989 census, which was the latest available census. The number was 58,757.



CORRIGENDUM

In press release HR/CN/01/28 of 2 April, the right of reply of the delegation of Ethiopia on page 11 should read as follows:

A Representative of Ethiopia, speaking in right of reply, said he was taking the floor to refute the unwarranted allegations of the Canadian delegation against his country. Canada had irresponsibly stated a set of alleged human rights violations, none of which had been substantiated by any kind of proof. Ethiopia clearly recognised the freedom of press and information. Its laws stipulated limitations for acts of defamation, ethnic hatred, incitement and national security threatening propaganda. As for the allegations concerning the Oromos, they were a major ethnic group with their own national state, constitution and independent administration. Ethiopia categorically rejected the baseless allegations levelled against his country by the Canadian delegation.



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