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COMMISSION ON HUMAN RIGHTS HOLDS SPECIAL DEBATE ON KOSOVO
01 April 1999
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AFTERNOON
HR/CN/99/19
1 April 1999
Commission Continues Discussion on Violations of Human Rights,
Hears Reports on Situation in the Former Yugoslavia, Iran and Nigeria
The Commission on Human Rights this afternoon held a special debate on the situation in Kosovo. United Nations High Commissioner for Human Rights Mary Robinson said she deeply regretted the turn of events that had led to the current air-strikes, but was outraged by reports of a vicious and systematic campaign of ethnic cleansing conducted by Serbian forces in Kosovo.
Jiri Dienstbier, the Special Rapporteur on the situation of human rights in Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia, said that due to the current situation, it was impossible to comprehensively assess the situation in the Federal Republic of Yugoslavia, but according to reports, the violations of human rights had reached terrible new heights. An atmosphere of lawlessness had prevailed, and there was licence to commit any violent act on the ground.
A number of delegations denounced the violations of human rights carried out by Serbian forces in Kosovo, and underlined that the key to resolving this crisis was in the hands of President Slobodan Milosovic. Some speakers also noted that the bombings by the forces of the North Atlantic Treaty Organization were a violation of the United Nations Charter.
Pierre-Henri Imbert, Director of Human Rights for the Council of Europe, also deplored the situation of human rights in Kosovo.
Also this afternoon, the Commission continued its discussion on the question of the violation of human rights and fundamental freedoms in any part of the world. The Special Representative on the situation of human rights in the Islamic Republic of Iran, Maurice Danby Copithorne, and the Special Rapporteur on the situation of human rights in Nigeria, Soli Jehangir Sorabjee, presented their reports.
Mr. Copithorne said that the cause for democracy had advanced in Iran, but that, despite some changes, it appeared that the situation of religious minorities had not changed. Iran needed to live up to its international commitments, in order to gain international respect.
Mr. Sorabjee said that several measures had been taken to create a conducive environment for the enjoyment of human rights in Nigeria. There had been a marked improvement as a result, a qualitative change had taken place. However, much remained to be done to ensure that basic human rights were effectively protected and meaningfully realised.
The Representative of Nigeria underscored the measures taken in prison reform and affirmed that there was not a single political prisoner or detainee in Nigeria today. He repeated a call by Ignatius C. Olisemeka, Minister for Foreign Affairs of Nigeria, for the international community to recognize this progress by terminating, once and for all, the mandate for the Special Rapporteur on Nigeria.
Representatives of Canada, South Africa, Nigeria, Egypt, Turkey, Georgia, Belarus, Kuwait, the Syrian Arab Republic, the United States of America, Tunisia (on behalf of the African Group), India, the Russian Federation, Pakistan (on behalf of the Organization of Islamic Conference), Bangladesh, Latvia, Germany, France, Japan and Canada also addressed the meeting.
The Commission on Human Rights continued its special debate on Kosovo in an extended evening meeting from 6 p.m. to 9 p.m.
Question of the violation of human rights and fundamental freedoms in any part of the world
Before the Commission under this agenda item is a report (E/CN.4/1999/32) from the Special Representative on the situation of human rights in the Islamic Republic of Iran, Maurice Danby Copithorne, which details the mandate of the Special Representative, his activities in Iran, the situation with respect to freedom of expression, and the status of various groups including women, minorities, Baha'is. The report outlines the legal situation including, among others, torture and other cruel, inhuman or degrading treatment or punishment and executions. It lists a number of disappearances and suspicious deaths and concludes that there remains much to achieve in Iran in all of the studied areas of human rights. Progress by the Iranian Government has been uneven and objected to by many.
Also before the Commission under this agenda item is a report (E/CN.4/1999/36) from the Special Rapporteur on the situation of human rights in Nigeria, Soli Jehangir Sorabjee. The report details the activities of the Special Rapporteur and the human rights situation including, among others, the judiciary, right to liberty and fair trial, detention, freedom of expression, movement, and the rights of women and children. The report concludes that the human rights situation has improved and that there is a noticeable positive change in the administration resulting in transparency and willingness to improve. The report recommends that the Government and the international community should do everything possible to maintain the present momentum of transfer toward civilian rule and the restoration of democracy and the Nigerian National Human Rights Commission should be adequately resourced and its independence respected.
Also before the Commission under this agenda item is a report (E/CN.4/1999/42) from the Special Rapporteur on the situation of human rights in the former Yugoslavia: Bosnia and Herzegovina, the Republic of Croatia, and the Federal Republic of Yugoslavia, Jiri Dienstbier. The report concludes that the Government faces the additional challenges in the current crisis in Kosovo and calls on independent teams of experts to investigate the extent of arbitrary, summary or extra-judicial executions which have occurred in numerous locations including, among others, Likosane, Cirez, Prekaz, and Gornje Obrinje. He recommends that should sufficient evidence exist to warrant criminal investigations as a result of investigation of police conduct, police officers should be subject not only to internal disciplinary measures but to investigatory procedure applicable to all citizens. Criminal charges as necessary should be brought. He also urged the respect for the human rights of persons under detention.
Statements
MAURICE DANBY COPITHORNE, Special Representative on the situation of human rights in the Islamic Republic of Iran, recalled that his report was three months old and regretted this. He identified subjects on which there had been developments since then. Democracy had developed in the Islamic Republic of Iran, most notably concerning local elections, where women were also admitted as candidates and were elected. There was a broad expectation that this was a major step forward.
Mr. Copithorne said the status of ethnic and religious minorities did not seem to have changed since the report was prepared. The pressure under which the Ba'hai minority suffered did not seem to have lessened. Disappearances amongst all levels of society continued, as had arbitrary arrests. There was a need for the Government of Iran to live up to its public commitments in the area of civil justice. Freedom of expression continued to be the realm in which the struggle for human rights was pursuing its course, with journals closed, amongst other events.
The executive branch of the Islamic Republic of Iran continued on a course that would bring new respect for the individual and the rights of citizens, as well as more respect for Iran from the international community, Mr. Copithorne concluded.
PIERRE-HENRI IMBERT, Director of Human Rights of the Council of Europe, expressed sadness and indignation at the human tragedy taking place in Kosovo, especially the policy of ethnic cleansing against the people of Kosovo. Human rights had been a central pillar of the Council of Europe since 1949, and their protection and promotion was an important issue. Great diversity in problems called for great diversity in solutions. There was a need to enhance the legal approach by a more political approach, such as a general prohibition of discrimination. A radical reform of the control system established by the European Social Charter had taken place, with the admission of collective complaints, amongst others.
The European Convention for the Prevention of Torture had proved effective, and it was hoped that other countries would adopt similar measures. The idea was not to politicise legal mechanisms, but to enhance their function and scope. The Council intended to cooperate with other bodies, such as the United Nations, and wanted to develop a framework for discussing issues and monitoring compliance with commitments. Another issue was concern about so-called structural violence of human rights, and a colloquy had been held, which stressed the insufficiency of the mechanisms of the Council of Europe for dealing with this.
Mr. Imbert said the Council of Europe paid tribute to the work of the United Nations, and stressed the fact that progress had been made on the issue of the death penalty in Europe. The World Conference Against Racism would be another vital opportunity for communication between governments and regional organisations. The Declaration on Human Rights Defenders was also commended. It was time to issue a strong call for genuine commitment to human rights and peace, to show a real will to identify all problems, and to enhance dialogue between all parties.
SOLI JEHANGIR SORABJEE, Special Rapporteur on the situation of human rights in Nigeria, said since the appointment of General Abdulsalam Abubakar as Head of State in June 1998, several measures had been taken to create a conducive environment for the enjoyment of human rights. The crucial test of a country's democracy lay in its respect for rule of law and independent judiciary and free press. It was heartening to note that numerous political detainees who were incarcerated by the previous military regime had been released. Yet a distressing feature was the continued operation of Decree 2/84 which permitted detention without trial for an indefinite period and furthermore ousted the jurisdiction of the courts. He had been given assurances that this Decree would be repealed.
Mr. Sorabjee said the position of the judiciary had appreciably improved and there was a noticeable salutary change in the attitude of the administration towards freedom of expression and freedom of press. Subsequent to the publication of the report, decrees which impinged on the freedom of association and freedom of assembly had been repealed or amended.
The Special Rapporteur found that numerous persons were awaiting trial for inordinately long periods, in some cases for petty offenses. Prison conditions were still harsh and did not conform to the United Nations Standard Minimum Rules for the Treatment of Prisoners and the Basic Principles for the Treatment of Prisoners. However, there was seriousness in tackling this problem. A National Committee on prison reforms and decongestion had been established. The Committee from December 1998 had effected the release of 500 inmates on grounds of ill-health, old age, long service and insufficient evidence among others.
Another disturbing feature was the inadequate protection of children’s rights and ineffective compliance with the Convention on the Rights of the Child, Mr. Sorabjee noted. There was continued malnutrition among 30 per cent of the children.
In conclusion, Mr. Sorabjee said that there had been a marked improvement, a qualitative change in the human rights situation in Nigeria. However, much remained to be done to ensure that basic human rights, both civil and political and economic, social and cultural, were effectively protected and meaningfully realised. There was a need to review the situation in Nigeria with cautious optimism without a sense of complacency.
MARY ROBINSON, United Nations High Commissioner for Human Rights, said she had followed with dismay and deep anguish the developments on the ground in the Federal Republic of Yugoslavia that had resulted in massive violations of the right to life and had caused such human suffering. She deeply regretted the turn of events that had led to the current military actions in the country.
Mrs. Robinson said she was outraged by the reports of a vicious and systematic campaign of ethnic cleansing conducted by Serbian military and paramilitary forces in Kosovo and cited the reports that prominent ethnic Albanian human rights lawyer Bajram Kelmendi was beaten and taken away along with his two sons, aged 30 and 16. They were found shot dead the next day.
The High Commissioner requested the Special Rapporteur on the situation of human rights in the former Yugoslavia, Jiri Dienstbier, to travel to the region to make a first-hand assessment of the situation. She asked Michel Moussalli, the Special Representative on the situation of human rights in Rwanda, to accompany him as her personal representative. Further, the High Commissioner said she had made arrangements to redeploy human rights officers from field offices in the former Yugoslavia and staff from headquarters to Albania, the Former Yugoslav Republic of Macedonia and Montenegro.
In conclusion, Mrs. Robinson called on all parties, especially the authorities of the Federal Republic of Yugoslavia, to take all necessary measures to protect the right to life and physical integrity of all persons within their jurisdiction.
JIRI DIENSTBIER, Special Rapporteur on the situation of human rights in Bosnia and Herzegovina, the Republic of Croatia, and the Federal Republic of Yugoslavia, said the fight for respect of human rights often suffered from lack of real interest when eruptions of violence brought the attention of the global media. There was a need for more resources for human rights operations, for strengthening human rights non-governmental organizations, and for the building of independant media and other institutions of civil society.
Mr. Dienstbier said that at present, Croatia was the most stable of the countries under his mandate, but basic problems persisted. Croatia needed to decide whether it preferred the return of its refugees of Serbian ethnicity, or their presence across the Danube in conditions of despair and anger. Bosnia and Herzegovina was in danger of losing respect for human rights, if the intentions of some Bosnian Croat leaders, who wished to divide the Federation and create a separate Croation entity, were not paid attention to.
With respect to the Federal Republic of Yugoslavia, the Special Rapporteur said he had no possibility of offering any comprehensive information about the situation of human rights in Kosovo or other parts of the country, but the information received indicated that violations of human rights had reached terrible new heights. An atmosphere of lawlessness prevailed, and there was licence to commit any violent act on the ground. The view of the Special Rapporteur was that the bombing was the last of the mistakes made in good will. The international community needed a comprehensive policy of promoting civil society and democracy-building. There could be only hope for a political solution in the not-too-distant future.
SOREN JESSEN-PETERSEN, Assistant High Commissioner for Refugees, said that the mass expulsions of citizens from Kosovo had now surpassed their forecasted provisions for 100,000 and were estimated to be 350,000 refugees. The latest reports confirmed that the Serb forces were deliberately forcing the population in Kosovo to leave. The United Nations High Commissioner for Refugees had concentrated on the humanitarian consequences of these actions. The situation in Kosovo was a threat to the stability of the whole region and all its neighbours and this was to be condemned as it created a major violation of human rights. The unfolding humanitarian crisis transcended anything ever imagined. The situation was developing so quickly that it was not possible for the High Commissioner for Refugees to keep up. Its infrastructures and those of its partners were insufficient, despite the reinforcements.
Mr. Jessen-Petersen said there was a plan to receive 350,000 people caught up in this conflict. The first priority was shelter and food for the refugees, especially those in the Former Yugoslav Republic of Macedonia and Albania. Also the health situation was a concern as there was a risk of epidemics. The World Food Programme and the World Health Organization were working to help the situation. He appealed to the key neighbouring countries to help by opening their borders to the refugees and provide critically needed international protection for the ever-expanding refugee population which had lost everything and needed protection.
MARIE GERVAIS-VIDRICAIRE (Canada) said despite advances in the last fifty years to better understand and develop norms that protected human rights and the security of individuals and groups, civilians were increasingly affected by armed conflicts where their human rights were often systematically violated. In Kosovo, Canada was appalled at the deliberate targeting of civilians committed by the Serbian authorities who had dramatically intensified their brutal campaign of ethnic cleansing. The authorities in Belgrade would be held personally accountable for these crimes.
Ms. Gervais-Vidricaire said the conflicts in the Great Lakes region served as sad reminders of the impact that violence had on the rights of civilian populations. Canada urged all parties in the region to seek a peaceful solution which would end the ethnic discrimination and the culture of impunity which led to a recurring cycle of human rights violations. There were chronic gross abuses of the human rights of the civilian population which were being committed by all parties to the civil war in Sudan. Canada also deplored that Ethiopia and Eritrea had not given full access for the International Committee of the Red Cross to the battlefront or to prisoners . The conflict in Sierra Leone where people had been killed and mutilated was a tragic case.
Iraq continued to rule by terror, indiscriminate arrest, imprisonment and execution in order to maintain its hold on power, Ms. Gervais-Vidricaire continued to state. It had taken no steps to curb its widespread human rights abuses. She also cited violations in Burma, the Democratic People’s Republic of Korea, Afghanistan, and Algeria. Positive developments were noted in Iran, China, Indonesia, East Timor, Colombia, Nigeria, Sri Lanka and Haiti, but Canada also warned that more needed to be done in those countries.
The Representative of (South Africa) underscored the country’s concern about the situations of violence and armed conflict in Africa, including the Democratic Republic of the Congo and Angola. South Africa applauded the recent developments in Nigeria and described them as positive and as a victory for the people of Nigeria.
South Africa pledged to play a constructive role in the mediation efforts through the Organization of African Unity mechanisms toward finding a peaceful settlement in Burundi and called on a concerted effort to resolve the situation in Sudan. The worsening humanitarian and human rights crises in Kosovo was cited and South Africa regretted the failure of the Yugoslav authorities to respond positively to diplomatic efforts to find a peaceful solution to the conflict in Kosovo. The United Nations should exercise its primary function of peace-keeping and the Yugoslav leadership should abide by the relevant United Nations Security Council resolutions. There had to be an immediate cessation of acts of destruction, repression and human rights abuses against the people of Kosovo.
The Representative voiced South Africa’s concern about situations in southern Lebanon and Afghanistan, and stated that Cuba had an inalienable right to determine its own destiny. South Africa offered to increase its ability to understand and engage creatively and constructively with the world community on the question of human rights.
P. I. AYEWOH (Nigeria) responded to the report of the Special Reporteur's on the country. He noted that the Special Rapporteur had stated that he was accorded support during his visit and that what was taking place in Nigeria was a revolutionary change to strengthen and improve the environment for human rights.
Mr. Ayewoh stated that all the concerns enabling resolution 1998/64 of 21 April 1998 on the mandate of the Special Reporteur had been fullfilled. He underscored the measures taken in prison reform and stated that the release of political prisoners and detainees had been completed as specified. He affirmed that there was not a single political prisoner or detainee in Nigeria today.
Furthermore, Mr. Ayewoh noted the Special Rapporteur's observation that decrees 4, 26 and 29 of 1996 and others which had infringed on the enjoyment of human rights had been amended or repealed. The machinery to bring all decrees in conformity with the new Constitution had been put into place. The Prison Reform and Decongestion Committee had effected the release of well over 500 inmates on humanitarian considerations and continued to work relentlessly toward prison reform. Funds had been made available to carry out maintenance and other remedial work to the correctional centres throughout the country.
Mr. Ayewoh recalled the statement by Ignatius C. Olisemeka, Minister for Foreign Affairs of Nigeria, in which he called for underscoring the progress made toward human rights and asked the Commission to reverse its past stance on the situation of human rights in Nigeria. The Minister had also called on the international community and the Commission to recognize this progress by terminating, once and for all, the mandate of the Special Rapporteur on Nigeria.
MOUNIR ZAHRAN (Egypt) said his country was in favour of the promotion and protection of fundamental freedoms and human rights in all regions of the world without compromise. The situation in Palestine was a violation of human rights, as was the occupation of south Lebanon. All sides should commit themselves to the peace process. Ethnic cleansing of ethnic Albanians in Kosovo should cease immediately, and the voluntary return of the refugees would be a pillar of peace, as it had been be in Bosnia and Herzegovina. The tragedy witnessed in Kosovo was a source of grave concern, and the acts of aggression were denounced. A legal solution should be found, and the international community should help the refugees until it was found. The situation of the Kosovo Albanians was grave.
MURAT SUNGAR (Turkey) noted that certain countries violated the human rights of others by supporting terrosism from their national territories. There were some governments, which no matter how much they wanted to overhaul the human rights system in their own country, were unable to do so under the pressures of terrorism and under other pressures coming from circles who were in the frontlines fighting against terrorists. Unfortunately Greece was such a country. The events that led to the capture of PKK leader Abdullah Ocalan had revealed Greece's complicity in terrorism. Having beeing caught red-handed, Greece had now joined the ranks of “terrorist states”.
Mr. Sungar concluded that substantial dialogue on human rights required good will, sincerity, and a spirit of cooperation among states. The absence of such elementary factors made it impossible for countries to reach the highest standards of human rights.
ALEXANDER KARSADZE (Georgia) had turned many times to the Commission for a solution to the situation in Abkazia Georgia, and wanted the Commission to study the proposed document on ethnic cleansing in Georgia. With regard to enhancing the effectiveness of the Commission, there ought to be a swift reaction to the outrageous violations of human rights that had been taking place for many years, with the rape of women and children, and the harassment of refugees. The separatists were attempting to deceive world opinion, despite their policy of ethnic cleansing. The refugees, Parliament and Government of Georgia appealed to the Commission not to impose the return of the refugees to the area under the separatists, and appealed for justice.
STANISLAV OGURTSOV (Belarus) stated that his country sought to minimize unfavourable social consequences of the transition to the market economy and to ensure economic, social and cultural rights of the population. The economic struggle in Belarus was complicated further by the necessity of liquidating the consequences of the Chernobyl disaster for which they spent more than 25 per cent of their state budget.
Belarus acknowledged that there were some difficulties with human rights in the country because of the stage of development and the youthfulness of the democracy. The Government had placed further progress in this area as a top priority. The role of technical assistance in this regard was crucial. Mr. Ogurtsov underscored Belarus' interest in the programme "Strengthening Capacities and Infrastructure for the Promotion and Protection of Human Rights", elaborated by the Government of Belarus and Belarusian non-governmental organizations in cooperation with the United Nations Development Programme. Belarus was open for constructive, honest dialogue and welcomed cooperation on the issues of human rights in their territory.
DHARAR RAZZOOQI (Kuwait), said that his country fully adhered to the noble goals of the United Nations Charter, and had enshrined those objectives in its constitution and civil laws. The international community had acheived much, and made important contributions to the protection of human rights, but there was an obligation to protect these rights and to move forward to realise the goal of the universal enjoyment of all human rights. There was grave concern for the situation of human rights in Iraq. The political and legal order in Iraq entailed systematic violations affecting virtually the whole population, and this was tragic. It affected the people of Kuwait, and represented a constant threat towards international peace and security. Iraq had not respected its obligations to cooperate with the Tripartite Commission, and, as an illegal occupying power of Kuwait in August 1990, had general responsibilities towards Kuwait. The recommendations made by the Special Rapporteur in paragraph 85(a) were supported and endorsed. Iraq should cooperate sincerely and in good faith with the Tripartite Commission.
GHASSAN NSEIR (Syrian Arab Republic) said Israel had continued its occupation of southern Lebanon and the Bekaa Valley despite United Nations Security Council resolutions calling upon it to withdraw unconditionally. The Israeli Government’s policy of occupation had never responded to any of the Security Council resolutions nor those adopted by the Commission. Israel’s actions were based on its expansionist ideals and eviction of the Palestinian and Lebanese populations from their land. Israel’s policy allowed the physical and pyschological torture of Palestinian prisoners without trying them. The Palestinians were losing land everyday because of Israel’s occupation and they were being killed.
Mr. Nseir said the question that the Commission needed to ask itself was why had Israel persisted in violations of human rights in this region and why the international community had not put an end to Israel's behavior by force. Why was there selectivity and double standards? Southern Lebanon and the Bekaa Valley should be protected and Israel should be called upon to withdraw immediately and unconditionally.
HAROLD HONGJU KOH (the United States of America) said the campaign by the Government of the Former Yugoslavia against the ethnic Albanians of Kosovo was becoming more brutal with each passing hour. The Serb approach consisted of forced expulsions, detention, summary executions of military-aged men, and the burning and destruction of civilian homes and villages. Hundreds of thousands had fled. These were crimes against humanity. The Serbs were the ones responsible for this humanitarian tragedy.
Mr. Hongju Koh said there was an urgent need to halt the violence and to assist the victims. It was up to President Slobodan Milosevic to halt this brutal offensive against Kosovo now, withdraw his forces, and accept the Rambouillet Accords as the basis for a settlement. It was altogether appropriate for the Commission on Human Rights to condemn the human rights tragedy in Kosovo. The United States strongly supported the initiatives of the High Commissioners for Human Rights and for Refugees, and the Special Rapporteurs to conduct fact-finding missions to verify human rights violations and to assist the victims.
Mr. Hongju Koh stated that President Bill Clinton had authorized $50 million in additional emergency funds toward addressing the urgent humanitarian needs of refugees fleeing Serb violence and appealed to all to join in addressing this massive human rights crisis.
KAMEL MORJANE (Tunisia), speaking on behalf of the African Group, congratulated the High Commissioner for Human Rights for her initiative to inform the Commission on the situation in Kosovo, and for expressing her concern about the tragic events that had taken place, generating thousands of victims and thousands of refugees. There was grave concern for the situation of the ethnic Albanian population, and the refusal of the Yugoslav authorities to find a peaceful solution was regretted. The use of force was deplored as useless, but the acts of violation of human rights should not be allowed to continue. The United Nations had the primary responsibility in the maintenance of international peace and security, but the international community should be able to mitigate the consequences of this human tragedy by mobilising the required assistance to the affected population.
SAVITRI KUNADI (India) said the issue of human violations in Kosovo continued to be a source of concern. Democracy and human rights were both undermined whenever policies of ethnic segregation and narrow chauvinism were legitimised or supported by various pretexts. Democracy and the rule of law, full respect for minority rights and special protection for their distinct identities were absolutely essential for the effective realisation of human rights. So were the efforts to promote a culture of tolerance, respect for diversity and pluralism. Such was the case in Kosovo.
Ms. Kunadi said unilateral actions in contravention of the United Nations Charter, including the massive use of force, interference in internal affairs, and disrespect for the territorial integrity of sovereign states would inevitably result in sharp deterioration of the environment for international cooperation in promotion and protection of human rights. India wanted to reiterate the sovereignty and territorial integrity of the international frontiers of the Federal Republic of Yugoslavia which needed to be fully respected by all states. The current crisis in Kosovo, the Federal Republic of Yugoslavia, could only be achieved through peaceful means, consultation and dialogue, and not by military action, confrontation or otherwise.
VASSILY SREDINE (The Russian Federation) said the current discussions on the situation in Kosovo and the Federal Republic of Yugoslavia had been entirely one-sided and had neglected to address the fact that the North Atlantic Treaty Organization (NATO) planes had killed more than 1,000 peaceful citizens and had violated basic human rights, especially the right to life. While it agreed with the Special Rapporteur that the bombing was an error, the Russian Federation did not agree with the assessment that bombing was an error "based on good will."
Mr. Sredine said the Russian Federation cited that there were meetings in progress in Belgrade in an attempt to put an end to the bombing of NATO and called on the end of the acts of aggression against another sovereign nation. The whole world order was on the brink of being overturned and the very foundation of the United Nations was being undermined. Just think, he said, if these acts were being perpetrated against your own country. It was the height of hypocrisy to claim that the NATO bombing was in the name of peace and the preservation of human rights.
MUNIR AKRAM (Pakistan), on behalf of the Organization of Islamic Conference (OIC), said the OIC was gravely concerned at the developments in Kosovo, in particular the continuing premeditated, cold blooded massacre of innocent civilians by the Serbian authorities. The Serbian policies of ethnic cleansing in Kosovo was reminiscent in scale and intensity of those witnessed in Bosnia and Herzegovina. The increasing number of refugees was particularly distressing. The international community should condemn the massive military operations launched by the Serbian authorities against the defenceless people of Kosovo. This behaviour was totally rejected. The OIC called for the immediate cessation of all crimes against humanity by the Serbian forces. The Commission should play an active role in halting the bloodshed. It should strongly condemn the policy of ethnic cleansing being perpetrated, demand an immediate halt of all repressive actions by the Belgrade authorities, and call for an immediate withdrawal of the Belgrade forces from Kosovo. The Belgrade authorities should sign and implement the Rambouillet Accords.
IFTEKHAR AMED CHOWDHURY (Bangladesh) said the mindless acts of the Serbian regime deserved the strongest condemnation. The acts of brutality should be strongly punished in order that they not be repeated in history. The killings needed to be stopped immediately, and the ethnic cleansing halted. All displaced Kosovars had to be allowed to return to their countries and rehabilitated. Support had to be given, the international community should not fail the victims now.
ROMANS BAUMANIS (Latvia) stated that the reports of 500,000 refugees which represented 25 per cent of the Kosovo population were alarming. These refugees had been deprived of the most fundamental rights and even their identities had been destroyed. Leaders in Kosovo had been targeted and often executed, denying them their right to life.
Latvia placed the responsibility squarely on the shoulders of the Milosevic regime and the political leaders of the Federal Republic of Yugoslavia. Mr. Baumanis called on the international community to hold these leaders responsible for war crimes and to try them accordingly. The solution to the crisis was in the hands of Milosevic and the Federal Republic of Yugoslavia.
WILHELM HOYNCK (Germany), on behalf of the European Union, said that the European Union was deeply concerned at the deteriorating situation of human rights in Kosovo. Statements upon the subject had been issued on 24 and 25 March at the European Council Meeting. Kosovo was assured all human rights by the Rambouillet Accords, but the Belgrade authorities continued to reject all proposals. The military action was directed against the Belgrade authorities, a military organization cynically destroying its own population. The offensive action taken by the Serb forces appeared to be a systematic programme of ethnic cleansing, and this should stop, with those responsible brought to justice.
Mr. Hoynck said the international community would make every effort to achieve a swift resolution to the situation. The European Union was gravely concerned about the looming humanitarian catastrophe, and would do its best to bring aid to all those who required it.
PHILIPPE PETIT (France) said his country supported the statement of the High Commissioner for Human Rights that everything possible had been done to find a solution to the crisis in Kosovo. Since the Kosovo delegates had signed the Rambouillet Accords, President Milosevic had chosen to bear the full responsibility for this crisis. The situation in Kosovo was a threat.
AKIRA CHIBA (Japan) expressed his country's grave concern about the ever- deteriorating human rights and humanitarian situation in Kosovo. He underlined the acts being perpetrated by the Yugoslav military and Serbian militia and urged the Government of the Federal Republic of Yugoslavia to accept the proposed peace agreement. Japan would provide $ 15 million to the Kosovar refugees through the United Nations High Commissioner for Refugees as well as 1,000 sets of tents for shelter. It pledged support of all efforts undertaken by the international community, especially the High Commissioner, in dealing with this crisis.
MARIE GERVAIS-VIDRICAIRE (Canada) was alarmed at the reports on the situation in Kosovo, especially those regarding the number of refugees. The situation could not be tolerated. Obstacles to the process of ethnic cleansing must be imposed. The International Tribunal should investigate the crimes taking place in Kosovo, since the Belgrade authorities had infringed on international human law.
HR/CN/99/19
1 April 1999
Commission Continues Discussion on Violations of Human Rights,
Hears Reports on Situation in the Former Yugoslavia, Iran and Nigeria
The Commission on Human Rights this afternoon held a special debate on the situation in Kosovo. United Nations High Commissioner for Human Rights Mary Robinson said she deeply regretted the turn of events that had led to the current air-strikes, but was outraged by reports of a vicious and systematic campaign of ethnic cleansing conducted by Serbian forces in Kosovo.
Jiri Dienstbier, the Special Rapporteur on the situation of human rights in Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia, said that due to the current situation, it was impossible to comprehensively assess the situation in the Federal Republic of Yugoslavia, but according to reports, the violations of human rights had reached terrible new heights. An atmosphere of lawlessness had prevailed, and there was licence to commit any violent act on the ground.
A number of delegations denounced the violations of human rights carried out by Serbian forces in Kosovo, and underlined that the key to resolving this crisis was in the hands of President Slobodan Milosovic. Some speakers also noted that the bombings by the forces of the North Atlantic Treaty Organization were a violation of the United Nations Charter.
Pierre-Henri Imbert, Director of Human Rights for the Council of Europe, also deplored the situation of human rights in Kosovo.
Also this afternoon, the Commission continued its discussion on the question of the violation of human rights and fundamental freedoms in any part of the world. The Special Representative on the situation of human rights in the Islamic Republic of Iran, Maurice Danby Copithorne, and the Special Rapporteur on the situation of human rights in Nigeria, Soli Jehangir Sorabjee, presented their reports.
Mr. Copithorne said that the cause for democracy had advanced in Iran, but that, despite some changes, it appeared that the situation of religious minorities had not changed. Iran needed to live up to its international commitments, in order to gain international respect.
Mr. Sorabjee said that several measures had been taken to create a conducive environment for the enjoyment of human rights in Nigeria. There had been a marked improvement as a result, a qualitative change had taken place. However, much remained to be done to ensure that basic human rights were effectively protected and meaningfully realised.
The Representative of Nigeria underscored the measures taken in prison reform and affirmed that there was not a single political prisoner or detainee in Nigeria today. He repeated a call by Ignatius C. Olisemeka, Minister for Foreign Affairs of Nigeria, for the international community to recognize this progress by terminating, once and for all, the mandate for the Special Rapporteur on Nigeria.
Representatives of Canada, South Africa, Nigeria, Egypt, Turkey, Georgia, Belarus, Kuwait, the Syrian Arab Republic, the United States of America, Tunisia (on behalf of the African Group), India, the Russian Federation, Pakistan (on behalf of the Organization of Islamic Conference), Bangladesh, Latvia, Germany, France, Japan and Canada also addressed the meeting.
The Commission on Human Rights continued its special debate on Kosovo in an extended evening meeting from 6 p.m. to 9 p.m.
Question of the violation of human rights and fundamental freedoms in any part of the world
Before the Commission under this agenda item is a report (E/CN.4/1999/32) from the Special Representative on the situation of human rights in the Islamic Republic of Iran, Maurice Danby Copithorne, which details the mandate of the Special Representative, his activities in Iran, the situation with respect to freedom of expression, and the status of various groups including women, minorities, Baha'is. The report outlines the legal situation including, among others, torture and other cruel, inhuman or degrading treatment or punishment and executions. It lists a number of disappearances and suspicious deaths and concludes that there remains much to achieve in Iran in all of the studied areas of human rights. Progress by the Iranian Government has been uneven and objected to by many.
Also before the Commission under this agenda item is a report (E/CN.4/1999/36) from the Special Rapporteur on the situation of human rights in Nigeria, Soli Jehangir Sorabjee. The report details the activities of the Special Rapporteur and the human rights situation including, among others, the judiciary, right to liberty and fair trial, detention, freedom of expression, movement, and the rights of women and children. The report concludes that the human rights situation has improved and that there is a noticeable positive change in the administration resulting in transparency and willingness to improve. The report recommends that the Government and the international community should do everything possible to maintain the present momentum of transfer toward civilian rule and the restoration of democracy and the Nigerian National Human Rights Commission should be adequately resourced and its independence respected.
Also before the Commission under this agenda item is a report (E/CN.4/1999/42) from the Special Rapporteur on the situation of human rights in the former Yugoslavia: Bosnia and Herzegovina, the Republic of Croatia, and the Federal Republic of Yugoslavia, Jiri Dienstbier. The report concludes that the Government faces the additional challenges in the current crisis in Kosovo and calls on independent teams of experts to investigate the extent of arbitrary, summary or extra-judicial executions which have occurred in numerous locations including, among others, Likosane, Cirez, Prekaz, and Gornje Obrinje. He recommends that should sufficient evidence exist to warrant criminal investigations as a result of investigation of police conduct, police officers should be subject not only to internal disciplinary measures but to investigatory procedure applicable to all citizens. Criminal charges as necessary should be brought. He also urged the respect for the human rights of persons under detention.
Statements
MAURICE DANBY COPITHORNE, Special Representative on the situation of human rights in the Islamic Republic of Iran, recalled that his report was three months old and regretted this. He identified subjects on which there had been developments since then. Democracy had developed in the Islamic Republic of Iran, most notably concerning local elections, where women were also admitted as candidates and were elected. There was a broad expectation that this was a major step forward.
Mr. Copithorne said the status of ethnic and religious minorities did not seem to have changed since the report was prepared. The pressure under which the Ba'hai minority suffered did not seem to have lessened. Disappearances amongst all levels of society continued, as had arbitrary arrests. There was a need for the Government of Iran to live up to its public commitments in the area of civil justice. Freedom of expression continued to be the realm in which the struggle for human rights was pursuing its course, with journals closed, amongst other events.
The executive branch of the Islamic Republic of Iran continued on a course that would bring new respect for the individual and the rights of citizens, as well as more respect for Iran from the international community, Mr. Copithorne concluded.
PIERRE-HENRI IMBERT, Director of Human Rights of the Council of Europe, expressed sadness and indignation at the human tragedy taking place in Kosovo, especially the policy of ethnic cleansing against the people of Kosovo. Human rights had been a central pillar of the Council of Europe since 1949, and their protection and promotion was an important issue. Great diversity in problems called for great diversity in solutions. There was a need to enhance the legal approach by a more political approach, such as a general prohibition of discrimination. A radical reform of the control system established by the European Social Charter had taken place, with the admission of collective complaints, amongst others.
The European Convention for the Prevention of Torture had proved effective, and it was hoped that other countries would adopt similar measures. The idea was not to politicise legal mechanisms, but to enhance their function and scope. The Council intended to cooperate with other bodies, such as the United Nations, and wanted to develop a framework for discussing issues and monitoring compliance with commitments. Another issue was concern about so-called structural violence of human rights, and a colloquy had been held, which stressed the insufficiency of the mechanisms of the Council of Europe for dealing with this.
Mr. Imbert said the Council of Europe paid tribute to the work of the United Nations, and stressed the fact that progress had been made on the issue of the death penalty in Europe. The World Conference Against Racism would be another vital opportunity for communication between governments and regional organisations. The Declaration on Human Rights Defenders was also commended. It was time to issue a strong call for genuine commitment to human rights and peace, to show a real will to identify all problems, and to enhance dialogue between all parties.
SOLI JEHANGIR SORABJEE, Special Rapporteur on the situation of human rights in Nigeria, said since the appointment of General Abdulsalam Abubakar as Head of State in June 1998, several measures had been taken to create a conducive environment for the enjoyment of human rights. The crucial test of a country's democracy lay in its respect for rule of law and independent judiciary and free press. It was heartening to note that numerous political detainees who were incarcerated by the previous military regime had been released. Yet a distressing feature was the continued operation of Decree 2/84 which permitted detention without trial for an indefinite period and furthermore ousted the jurisdiction of the courts. He had been given assurances that this Decree would be repealed.
Mr. Sorabjee said the position of the judiciary had appreciably improved and there was a noticeable salutary change in the attitude of the administration towards freedom of expression and freedom of press. Subsequent to the publication of the report, decrees which impinged on the freedom of association and freedom of assembly had been repealed or amended.
The Special Rapporteur found that numerous persons were awaiting trial for inordinately long periods, in some cases for petty offenses. Prison conditions were still harsh and did not conform to the United Nations Standard Minimum Rules for the Treatment of Prisoners and the Basic Principles for the Treatment of Prisoners. However, there was seriousness in tackling this problem. A National Committee on prison reforms and decongestion had been established. The Committee from December 1998 had effected the release of 500 inmates on grounds of ill-health, old age, long service and insufficient evidence among others.
Another disturbing feature was the inadequate protection of children’s rights and ineffective compliance with the Convention on the Rights of the Child, Mr. Sorabjee noted. There was continued malnutrition among 30 per cent of the children.
In conclusion, Mr. Sorabjee said that there had been a marked improvement, a qualitative change in the human rights situation in Nigeria. However, much remained to be done to ensure that basic human rights, both civil and political and economic, social and cultural, were effectively protected and meaningfully realised. There was a need to review the situation in Nigeria with cautious optimism without a sense of complacency.
MARY ROBINSON, United Nations High Commissioner for Human Rights, said she had followed with dismay and deep anguish the developments on the ground in the Federal Republic of Yugoslavia that had resulted in massive violations of the right to life and had caused such human suffering. She deeply regretted the turn of events that had led to the current military actions in the country.
Mrs. Robinson said she was outraged by the reports of a vicious and systematic campaign of ethnic cleansing conducted by Serbian military and paramilitary forces in Kosovo and cited the reports that prominent ethnic Albanian human rights lawyer Bajram Kelmendi was beaten and taken away along with his two sons, aged 30 and 16. They were found shot dead the next day.
The High Commissioner requested the Special Rapporteur on the situation of human rights in the former Yugoslavia, Jiri Dienstbier, to travel to the region to make a first-hand assessment of the situation. She asked Michel Moussalli, the Special Representative on the situation of human rights in Rwanda, to accompany him as her personal representative. Further, the High Commissioner said she had made arrangements to redeploy human rights officers from field offices in the former Yugoslavia and staff from headquarters to Albania, the Former Yugoslav Republic of Macedonia and Montenegro.
In conclusion, Mrs. Robinson called on all parties, especially the authorities of the Federal Republic of Yugoslavia, to take all necessary measures to protect the right to life and physical integrity of all persons within their jurisdiction.
JIRI DIENSTBIER, Special Rapporteur on the situation of human rights in Bosnia and Herzegovina, the Republic of Croatia, and the Federal Republic of Yugoslavia, said the fight for respect of human rights often suffered from lack of real interest when eruptions of violence brought the attention of the global media. There was a need for more resources for human rights operations, for strengthening human rights non-governmental organizations, and for the building of independant media and other institutions of civil society.
Mr. Dienstbier said that at present, Croatia was the most stable of the countries under his mandate, but basic problems persisted. Croatia needed to decide whether it preferred the return of its refugees of Serbian ethnicity, or their presence across the Danube in conditions of despair and anger. Bosnia and Herzegovina was in danger of losing respect for human rights, if the intentions of some Bosnian Croat leaders, who wished to divide the Federation and create a separate Croation entity, were not paid attention to.
With respect to the Federal Republic of Yugoslavia, the Special Rapporteur said he had no possibility of offering any comprehensive information about the situation of human rights in Kosovo or other parts of the country, but the information received indicated that violations of human rights had reached terrible new heights. An atmosphere of lawlessness prevailed, and there was licence to commit any violent act on the ground. The view of the Special Rapporteur was that the bombing was the last of the mistakes made in good will. The international community needed a comprehensive policy of promoting civil society and democracy-building. There could be only hope for a political solution in the not-too-distant future.
SOREN JESSEN-PETERSEN, Assistant High Commissioner for Refugees, said that the mass expulsions of citizens from Kosovo had now surpassed their forecasted provisions for 100,000 and were estimated to be 350,000 refugees. The latest reports confirmed that the Serb forces were deliberately forcing the population in Kosovo to leave. The United Nations High Commissioner for Refugees had concentrated on the humanitarian consequences of these actions. The situation in Kosovo was a threat to the stability of the whole region and all its neighbours and this was to be condemned as it created a major violation of human rights. The unfolding humanitarian crisis transcended anything ever imagined. The situation was developing so quickly that it was not possible for the High Commissioner for Refugees to keep up. Its infrastructures and those of its partners were insufficient, despite the reinforcements.
Mr. Jessen-Petersen said there was a plan to receive 350,000 people caught up in this conflict. The first priority was shelter and food for the refugees, especially those in the Former Yugoslav Republic of Macedonia and Albania. Also the health situation was a concern as there was a risk of epidemics. The World Food Programme and the World Health Organization were working to help the situation. He appealed to the key neighbouring countries to help by opening their borders to the refugees and provide critically needed international protection for the ever-expanding refugee population which had lost everything and needed protection.
MARIE GERVAIS-VIDRICAIRE (Canada) said despite advances in the last fifty years to better understand and develop norms that protected human rights and the security of individuals and groups, civilians were increasingly affected by armed conflicts where their human rights were often systematically violated. In Kosovo, Canada was appalled at the deliberate targeting of civilians committed by the Serbian authorities who had dramatically intensified their brutal campaign of ethnic cleansing. The authorities in Belgrade would be held personally accountable for these crimes.
Ms. Gervais-Vidricaire said the conflicts in the Great Lakes region served as sad reminders of the impact that violence had on the rights of civilian populations. Canada urged all parties in the region to seek a peaceful solution which would end the ethnic discrimination and the culture of impunity which led to a recurring cycle of human rights violations. There were chronic gross abuses of the human rights of the civilian population which were being committed by all parties to the civil war in Sudan. Canada also deplored that Ethiopia and Eritrea had not given full access for the International Committee of the Red Cross to the battlefront or to prisoners . The conflict in Sierra Leone where people had been killed and mutilated was a tragic case.
Iraq continued to rule by terror, indiscriminate arrest, imprisonment and execution in order to maintain its hold on power, Ms. Gervais-Vidricaire continued to state. It had taken no steps to curb its widespread human rights abuses. She also cited violations in Burma, the Democratic People’s Republic of Korea, Afghanistan, and Algeria. Positive developments were noted in Iran, China, Indonesia, East Timor, Colombia, Nigeria, Sri Lanka and Haiti, but Canada also warned that more needed to be done in those countries.
The Representative of (South Africa) underscored the country’s concern about the situations of violence and armed conflict in Africa, including the Democratic Republic of the Congo and Angola. South Africa applauded the recent developments in Nigeria and described them as positive and as a victory for the people of Nigeria.
South Africa pledged to play a constructive role in the mediation efforts through the Organization of African Unity mechanisms toward finding a peaceful settlement in Burundi and called on a concerted effort to resolve the situation in Sudan. The worsening humanitarian and human rights crises in Kosovo was cited and South Africa regretted the failure of the Yugoslav authorities to respond positively to diplomatic efforts to find a peaceful solution to the conflict in Kosovo. The United Nations should exercise its primary function of peace-keeping and the Yugoslav leadership should abide by the relevant United Nations Security Council resolutions. There had to be an immediate cessation of acts of destruction, repression and human rights abuses against the people of Kosovo.
The Representative voiced South Africa’s concern about situations in southern Lebanon and Afghanistan, and stated that Cuba had an inalienable right to determine its own destiny. South Africa offered to increase its ability to understand and engage creatively and constructively with the world community on the question of human rights.
P. I. AYEWOH (Nigeria) responded to the report of the Special Reporteur's on the country. He noted that the Special Rapporteur had stated that he was accorded support during his visit and that what was taking place in Nigeria was a revolutionary change to strengthen and improve the environment for human rights.
Mr. Ayewoh stated that all the concerns enabling resolution 1998/64 of 21 April 1998 on the mandate of the Special Reporteur had been fullfilled. He underscored the measures taken in prison reform and stated that the release of political prisoners and detainees had been completed as specified. He affirmed that there was not a single political prisoner or detainee in Nigeria today.
Furthermore, Mr. Ayewoh noted the Special Rapporteur's observation that decrees 4, 26 and 29 of 1996 and others which had infringed on the enjoyment of human rights had been amended or repealed. The machinery to bring all decrees in conformity with the new Constitution had been put into place. The Prison Reform and Decongestion Committee had effected the release of well over 500 inmates on humanitarian considerations and continued to work relentlessly toward prison reform. Funds had been made available to carry out maintenance and other remedial work to the correctional centres throughout the country.
Mr. Ayewoh recalled the statement by Ignatius C. Olisemeka, Minister for Foreign Affairs of Nigeria, in which he called for underscoring the progress made toward human rights and asked the Commission to reverse its past stance on the situation of human rights in Nigeria. The Minister had also called on the international community and the Commission to recognize this progress by terminating, once and for all, the mandate of the Special Rapporteur on Nigeria.
MOUNIR ZAHRAN (Egypt) said his country was in favour of the promotion and protection of fundamental freedoms and human rights in all regions of the world without compromise. The situation in Palestine was a violation of human rights, as was the occupation of south Lebanon. All sides should commit themselves to the peace process. Ethnic cleansing of ethnic Albanians in Kosovo should cease immediately, and the voluntary return of the refugees would be a pillar of peace, as it had been be in Bosnia and Herzegovina. The tragedy witnessed in Kosovo was a source of grave concern, and the acts of aggression were denounced. A legal solution should be found, and the international community should help the refugees until it was found. The situation of the Kosovo Albanians was grave.
MURAT SUNGAR (Turkey) noted that certain countries violated the human rights of others by supporting terrosism from their national territories. There were some governments, which no matter how much they wanted to overhaul the human rights system in their own country, were unable to do so under the pressures of terrorism and under other pressures coming from circles who were in the frontlines fighting against terrorists. Unfortunately Greece was such a country. The events that led to the capture of PKK leader Abdullah Ocalan had revealed Greece's complicity in terrorism. Having beeing caught red-handed, Greece had now joined the ranks of “terrorist states”.
Mr. Sungar concluded that substantial dialogue on human rights required good will, sincerity, and a spirit of cooperation among states. The absence of such elementary factors made it impossible for countries to reach the highest standards of human rights.
ALEXANDER KARSADZE (Georgia) had turned many times to the Commission for a solution to the situation in Abkazia Georgia, and wanted the Commission to study the proposed document on ethnic cleansing in Georgia. With regard to enhancing the effectiveness of the Commission, there ought to be a swift reaction to the outrageous violations of human rights that had been taking place for many years, with the rape of women and children, and the harassment of refugees. The separatists were attempting to deceive world opinion, despite their policy of ethnic cleansing. The refugees, Parliament and Government of Georgia appealed to the Commission not to impose the return of the refugees to the area under the separatists, and appealed for justice.
STANISLAV OGURTSOV (Belarus) stated that his country sought to minimize unfavourable social consequences of the transition to the market economy and to ensure economic, social and cultural rights of the population. The economic struggle in Belarus was complicated further by the necessity of liquidating the consequences of the Chernobyl disaster for which they spent more than 25 per cent of their state budget.
Belarus acknowledged that there were some difficulties with human rights in the country because of the stage of development and the youthfulness of the democracy. The Government had placed further progress in this area as a top priority. The role of technical assistance in this regard was crucial. Mr. Ogurtsov underscored Belarus' interest in the programme "Strengthening Capacities and Infrastructure for the Promotion and Protection of Human Rights", elaborated by the Government of Belarus and Belarusian non-governmental organizations in cooperation with the United Nations Development Programme. Belarus was open for constructive, honest dialogue and welcomed cooperation on the issues of human rights in their territory.
DHARAR RAZZOOQI (Kuwait), said that his country fully adhered to the noble goals of the United Nations Charter, and had enshrined those objectives in its constitution and civil laws. The international community had acheived much, and made important contributions to the protection of human rights, but there was an obligation to protect these rights and to move forward to realise the goal of the universal enjoyment of all human rights. There was grave concern for the situation of human rights in Iraq. The political and legal order in Iraq entailed systematic violations affecting virtually the whole population, and this was tragic. It affected the people of Kuwait, and represented a constant threat towards international peace and security. Iraq had not respected its obligations to cooperate with the Tripartite Commission, and, as an illegal occupying power of Kuwait in August 1990, had general responsibilities towards Kuwait. The recommendations made by the Special Rapporteur in paragraph 85(a) were supported and endorsed. Iraq should cooperate sincerely and in good faith with the Tripartite Commission.
GHASSAN NSEIR (Syrian Arab Republic) said Israel had continued its occupation of southern Lebanon and the Bekaa Valley despite United Nations Security Council resolutions calling upon it to withdraw unconditionally. The Israeli Government’s policy of occupation had never responded to any of the Security Council resolutions nor those adopted by the Commission. Israel’s actions were based on its expansionist ideals and eviction of the Palestinian and Lebanese populations from their land. Israel’s policy allowed the physical and pyschological torture of Palestinian prisoners without trying them. The Palestinians were losing land everyday because of Israel’s occupation and they were being killed.
Mr. Nseir said the question that the Commission needed to ask itself was why had Israel persisted in violations of human rights in this region and why the international community had not put an end to Israel's behavior by force. Why was there selectivity and double standards? Southern Lebanon and the Bekaa Valley should be protected and Israel should be called upon to withdraw immediately and unconditionally.
HAROLD HONGJU KOH (the United States of America) said the campaign by the Government of the Former Yugoslavia against the ethnic Albanians of Kosovo was becoming more brutal with each passing hour. The Serb approach consisted of forced expulsions, detention, summary executions of military-aged men, and the burning and destruction of civilian homes and villages. Hundreds of thousands had fled. These were crimes against humanity. The Serbs were the ones responsible for this humanitarian tragedy.
Mr. Hongju Koh said there was an urgent need to halt the violence and to assist the victims. It was up to President Slobodan Milosevic to halt this brutal offensive against Kosovo now, withdraw his forces, and accept the Rambouillet Accords as the basis for a settlement. It was altogether appropriate for the Commission on Human Rights to condemn the human rights tragedy in Kosovo. The United States strongly supported the initiatives of the High Commissioners for Human Rights and for Refugees, and the Special Rapporteurs to conduct fact-finding missions to verify human rights violations and to assist the victims.
Mr. Hongju Koh stated that President Bill Clinton had authorized $50 million in additional emergency funds toward addressing the urgent humanitarian needs of refugees fleeing Serb violence and appealed to all to join in addressing this massive human rights crisis.
KAMEL MORJANE (Tunisia), speaking on behalf of the African Group, congratulated the High Commissioner for Human Rights for her initiative to inform the Commission on the situation in Kosovo, and for expressing her concern about the tragic events that had taken place, generating thousands of victims and thousands of refugees. There was grave concern for the situation of the ethnic Albanian population, and the refusal of the Yugoslav authorities to find a peaceful solution was regretted. The use of force was deplored as useless, but the acts of violation of human rights should not be allowed to continue. The United Nations had the primary responsibility in the maintenance of international peace and security, but the international community should be able to mitigate the consequences of this human tragedy by mobilising the required assistance to the affected population.
SAVITRI KUNADI (India) said the issue of human violations in Kosovo continued to be a source of concern. Democracy and human rights were both undermined whenever policies of ethnic segregation and narrow chauvinism were legitimised or supported by various pretexts. Democracy and the rule of law, full respect for minority rights and special protection for their distinct identities were absolutely essential for the effective realisation of human rights. So were the efforts to promote a culture of tolerance, respect for diversity and pluralism. Such was the case in Kosovo.
Ms. Kunadi said unilateral actions in contravention of the United Nations Charter, including the massive use of force, interference in internal affairs, and disrespect for the territorial integrity of sovereign states would inevitably result in sharp deterioration of the environment for international cooperation in promotion and protection of human rights. India wanted to reiterate the sovereignty and territorial integrity of the international frontiers of the Federal Republic of Yugoslavia which needed to be fully respected by all states. The current crisis in Kosovo, the Federal Republic of Yugoslavia, could only be achieved through peaceful means, consultation and dialogue, and not by military action, confrontation or otherwise.
VASSILY SREDINE (The Russian Federation) said the current discussions on the situation in Kosovo and the Federal Republic of Yugoslavia had been entirely one-sided and had neglected to address the fact that the North Atlantic Treaty Organization (NATO) planes had killed more than 1,000 peaceful citizens and had violated basic human rights, especially the right to life. While it agreed with the Special Rapporteur that the bombing was an error, the Russian Federation did not agree with the assessment that bombing was an error "based on good will."
Mr. Sredine said the Russian Federation cited that there were meetings in progress in Belgrade in an attempt to put an end to the bombing of NATO and called on the end of the acts of aggression against another sovereign nation. The whole world order was on the brink of being overturned and the very foundation of the United Nations was being undermined. Just think, he said, if these acts were being perpetrated against your own country. It was the height of hypocrisy to claim that the NATO bombing was in the name of peace and the preservation of human rights.
MUNIR AKRAM (Pakistan), on behalf of the Organization of Islamic Conference (OIC), said the OIC was gravely concerned at the developments in Kosovo, in particular the continuing premeditated, cold blooded massacre of innocent civilians by the Serbian authorities. The Serbian policies of ethnic cleansing in Kosovo was reminiscent in scale and intensity of those witnessed in Bosnia and Herzegovina. The increasing number of refugees was particularly distressing. The international community should condemn the massive military operations launched by the Serbian authorities against the defenceless people of Kosovo. This behaviour was totally rejected. The OIC called for the immediate cessation of all crimes against humanity by the Serbian forces. The Commission should play an active role in halting the bloodshed. It should strongly condemn the policy of ethnic cleansing being perpetrated, demand an immediate halt of all repressive actions by the Belgrade authorities, and call for an immediate withdrawal of the Belgrade forces from Kosovo. The Belgrade authorities should sign and implement the Rambouillet Accords.
IFTEKHAR AMED CHOWDHURY (Bangladesh) said the mindless acts of the Serbian regime deserved the strongest condemnation. The acts of brutality should be strongly punished in order that they not be repeated in history. The killings needed to be stopped immediately, and the ethnic cleansing halted. All displaced Kosovars had to be allowed to return to their countries and rehabilitated. Support had to be given, the international community should not fail the victims now.
ROMANS BAUMANIS (Latvia) stated that the reports of 500,000 refugees which represented 25 per cent of the Kosovo population were alarming. These refugees had been deprived of the most fundamental rights and even their identities had been destroyed. Leaders in Kosovo had been targeted and often executed, denying them their right to life.
Latvia placed the responsibility squarely on the shoulders of the Milosevic regime and the political leaders of the Federal Republic of Yugoslavia. Mr. Baumanis called on the international community to hold these leaders responsible for war crimes and to try them accordingly. The solution to the crisis was in the hands of Milosevic and the Federal Republic of Yugoslavia.
WILHELM HOYNCK (Germany), on behalf of the European Union, said that the European Union was deeply concerned at the deteriorating situation of human rights in Kosovo. Statements upon the subject had been issued on 24 and 25 March at the European Council Meeting. Kosovo was assured all human rights by the Rambouillet Accords, but the Belgrade authorities continued to reject all proposals. The military action was directed against the Belgrade authorities, a military organization cynically destroying its own population. The offensive action taken by the Serb forces appeared to be a systematic programme of ethnic cleansing, and this should stop, with those responsible brought to justice.
Mr. Hoynck said the international community would make every effort to achieve a swift resolution to the situation. The European Union was gravely concerned about the looming humanitarian catastrophe, and would do its best to bring aid to all those who required it.
PHILIPPE PETIT (France) said his country supported the statement of the High Commissioner for Human Rights that everything possible had been done to find a solution to the crisis in Kosovo. Since the Kosovo delegates had signed the Rambouillet Accords, President Milosevic had chosen to bear the full responsibility for this crisis. The situation in Kosovo was a threat.
AKIRA CHIBA (Japan) expressed his country's grave concern about the ever- deteriorating human rights and humanitarian situation in Kosovo. He underlined the acts being perpetrated by the Yugoslav military and Serbian militia and urged the Government of the Federal Republic of Yugoslavia to accept the proposed peace agreement. Japan would provide $ 15 million to the Kosovar refugees through the United Nations High Commissioner for Refugees as well as 1,000 sets of tents for shelter. It pledged support of all efforts undertaken by the international community, especially the High Commissioner, in dealing with this crisis.
MARIE GERVAIS-VIDRICAIRE (Canada) was alarmed at the reports on the situation in Kosovo, especially those regarding the number of refugees. The situation could not be tolerated. Obstacles to the process of ethnic cleansing must be imposed. The International Tribunal should investigate the crimes taking place in Kosovo, since the Belgrade authorities had infringed on international human law.
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