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21 March 2000
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Commission on Human Rights
56th session
21 March 2000
Afternoon
Four Government Ministers Address Commission on Human Rights
High Commissioner for Human Rights Mary Robinson said this afternoon that genocide was the most heinous of all human-rights violations and asked why it had not been possible for the international community to intervene effectively to prevent it.
The remark came as the High Commissioner presented the Commission on Human Rights with her annual report on the activities of her Office. Mrs. Robinson called for more attention to be paid to early warning systems, conflict prevention, and accountability on human-rights matters. She also stressed the importance of having Governments abide by the 1948 Convention on the Prevention and Punishment of the Crime Genocide.
Mrs. Robinson stressed that racism, discrimination and xenophobia were to be found at the root of most of the world's conflict situations. The subject was especially relevant in light of the resurgence of old ethnic, racial and nationalist antagonisms, she said.
A series of Government ministers also addressed the Commission.
Jaime Gama, Minister for Foreign Affairs of Portugal, speaking on behalf of the European Union, reviewed European policy on human rights and told the Commission that no country should be free to invoke sovereignty or claim interference in internal affairs to prevent the people under its jurisdiction from fully enjoying their human rights.
Jerzy Kranz, Poland's Under-Secretary for Foreign Affairs, said there was a dilemma between maintaining international standards for human rights and respecting the sovereignty of States and the principles of international law. He said State sovereignty had to be viewed with human rights in mind and that adherence to international law did not threaten national sovereignty as long as the State in question avoided human right violations; international law and national sovereignty were not mutually exclusive.
The Deputy Prime Minister of the Czech Republic, Jan Kavan, described the country's efforts to ease the difficulties of its Roma population, and said a comprehensive plan for integration of the Roma minority had been developed. He added that a draft law on the rights of ethnic minorities would be ready by the end of June this year.
And Dimitrij Rupel, Minister of Foreign Affairs of the Republic of Slovenia, said the universality of human rights and fundamental freedoms was at the core of their strength and applicability -- they mattered for every individual and every member of the international community. Human rights standards transcended national borders, and gross and massive abuses of human rights and violations of international law were increasingly becoming a matter of concern to the international community as a whole.
Before and following the statements by Government officials, the Commission took up debate of the annual report of the High Commissioner for Human Rights and follow-up to the World Conference on Human Rights.
Speaking during the afternoon meeting were representatives of China, Pakistan, the Netherlands, Malaysia, Georgia and Egypt. Representatives of non-governmental organizations (NGOs) Association for World Education and Association of World Citizens also delivered statements.
A representative of the Russian Federation spoke in exercise of the right to reply.
The Commission will reconvene at 10 a.m. Wednesday, 22 March, to continue its discussion of the report of the High Commissioner for Human Rights and follow-up to the World Conference on Human Rights.
Report of the High Commissioner for Human Rights and follow-up to the World Conference on Human Rights
Under this agenda item, the Commission had before it a report of the High Commissioner on effective functioning of human-rights mechanisms (E/CN.4/2000/5), which recommends, among other things, that information and country studies from field offices of the Office of the High Commissioner for Human Rights (OHCHR) be made available to Special Rapporteurs and experts on a regular basis; that treaty bodies call for the cooperation of special procedures mandates, including a direct exchange of information during their respective sessions, and that the OCHCR fund this cooperation; and that joint meetings between holders of special procedures mandates and the chairpersons of human rights treaty bodies be made a regular activity.
Statements
MARY ROBINSON, High Commissioner for Human Rights, presenting her annual report to the Commission, said that genocide, the most heinous of all human-rights violations, should come first in the ranking of gross violations. In the report, she posed the question of why it had not been possible for the international community to intervene effectively to prevent genocide. She called for more attention to early warning systems, conflict prevention, and accountability, and stressed the importance of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. Mrs. Robinson said racism, discrimination and xenophobia were to be found at the root of most of the world's conflict situations. The subject was especially relevant in light of the resurgence of old ethnic, racial and nationalist antagonisms.
The link between enhancement of the right to development and prevention of human-rights violations was another theme of the report, she said; human rights could not flourish in the midst of rampant global poverty. A better course for achieving economic, social and cultural rights and the right to development had to be charted.
The report also set out measures to prevent the persistent problem of slavery in all its forms and the ever growing scourge of trafficking in women and children. Finally, there was a section on the value of human rights education as a preventive measure. Overall, the High Commissioner said, the report outlined the major issues featured on the agenda of the Commission and sought to show that there was considerable room for preventive strategies to tackle them.
JAIME GAMA, Minister for Foreign Affairs of Portugal, speaking on behalf of the European Union, said human rights as a concept could not be attached to any particular culture or geographical region. No country should be free to invoke sovereignty or claim interference in internal affairs to prevent the people under its jurisdiction from fully enjoying their human rights. It was the duty of the international community to monitor violations of human rights whenever and wherever they occurred and call upon the States where those violations were taking place to cease those practices and bring the perpetrators to justice.
Mr. Gama said the European Union considered that abolition of the death penalty contributed to the enhancement of human dignity and the progressive development of human rights. Efforts made by NGOs all over the world to inform, monitor and denounce violations of human rights were praised by the European Union. The Union was aware that the human-rights situation in its member States was not perfect and was constantly seeking to improve its human-rights mechanisms. Meanwhile it was of utmost importance to improve and rationalize the functioning of the Commission's mechanisms.
Mr. Gama said the world had been shocked by the images coming out of East Timor the previous year and called for those responsible for human-rights violations there to be brought to justice. The situation in Chechnya also demanded attention in light of reports of widespread human-rights abuses. The European Union stressed the importance of an international presence in Chechnya and urged Russian authorities to comply with their commitments and rapidly launch full and transparent investigations into alleged violations.
The European Union was also committed to the existing dialogue on human rights with China and acknowledged progress made in fulfilling the basic needs of the Chinese population, the Foreign Minister said. However, it remained concerned about lack of progress in other areas, including use of the death penalty, restrictions on fundamental freedoms, harsh sentences imposed on political dissidents, persecution of religious minorities, non-ratification of UN human-rights covenants and insufficient cooperation with UN human-rights mechanisms.
JERZY KRANZ, Under-Secretary of the Foreign Ministry and Head of Delegation of Poland, said that most current conflicts included the violation of human rights by the national authorities or by participants in internal conflict. Protection of human rights depended on a genuinely democratic political system. There was a dilemma between maintaining international standards for human rights and at the same time respecting the sovereignty of States. International law was not created by the State but served to protect the State. Were it not for international law, relations between States would be determined by brute force only. State sovereignty had to be viewed with human rights in mind and adherence to international law did not threaten national soverignty as long as the State in question avoided human-rights violations. International law and national sovereignty were not mutually exclusive.
Mr. Kranz said the interests of the international community were best achieved by democratic Governments. It was apparent from human-rights violations of the past year that the international community must learn to differentiate between "peace" and "appeasement" -- any attempt by Governments to use international law as an alibi for human-rights violations was unacceptable.
Mr. Kranz said it was important not only to punish crimes of the past, but also be aware of atrocities committed in the present, citing concern over situations in Kosovo, East Timor and Chechnya.
DIMITRIJ RUPEL, Minister of Foreign Affairs of Slovenia, said that on the positive side, humanitarian interests recently had triumphed over State interests in several instances and new values had been introduced into international relations. On the negative side, serious violations of human rights continued in many different parts of the world. What was particularly disturbing was the effect that many conflicts and their aftermaths had on civilian populations, be they in Kosovo, East Timor, or Chechnya.
The universality of human rights and fundamental freedoms was at the core of their strength and applicability -- they mattered for every individual and every member of the international community. Human rights standards transcended national borders, and gross and massive abuses of human rights and violations of international law were increasingly becoming a matter of concern to the international community as a whole. The Rome Statute setting up an International Criminal Court was but one reflection of this trend.
The problem of small arms and light weapons should be addressed comprehensively, Mr. Rupel said. The rapid increase in intra-State armed conflicts after the end of the Cold War and the role that non-state actors had in those conflicts was another pertinent issue which had to be addressed with a view to committing those actors to respecting international human-rights and humanitarian law and preventing violence which targeted defenseless civilian populations.
It was to be hoped that the constant increase in the number of ratifications of the six core UN human-rights instruments over the last few years would eventually lead to their universal acceptance, the Foreign Minister said. It was also imperative to ensure that perpetrators were brought to justice and that victims of violations were awarded compensation.
JAN KAVAN, Deputy Prime Minister and Minister of Foreign Affairs of the Czech Republic, said the Commission had to find a balance between non-interference in the legitimate affairs of sovereign States and the principle of the inalienable rights of each human being. Common humanity transcended the sphere of sheer national interests.
During the past year, the Czech Government had paid particular attention to the situation of the country's Roma; a comprehensive plan for the integration of the Roma minority was under preparation. There had been a realization that the best solutions did not lie at the national level, but at the local and regional levels. A draft law on the rights of ethnic minorities in the Czech Republic was to be finalized by the end of June. A National Ombudsman Law had taken effect recently, as had an amendment to the law on acquisition and loss of citizenship. An amended Penal Code would come into force next year, simplifying and speeding up criminal proceedings.
Mr. Kavan said human rights were one of the fundamental principles of Czech foreign policy. The Government systematically fulfilled all of its obligations under international treaties, supported domestic policies on human rights, and the participated with other countries in dialogues on human rights. The Czech Republic also wanted to be integrated into the European human-rights debate, to learn and share experiences, not only between Governments but with NGOs.
The Czech Republic appreciated the finalization of the text of the Optional Protocol to the Convention on the Rights of the Child on armed conflicts, and hoped that two other optional protocols on the sale of children, child prostitution and child pornography, and on the Convention against Torture, would be finalized soon, Mr. Kavan said.
REN YISHENG (China) commended the High Commissioner on efforts made in advisory services, technical cooperation and annual workshops in the Asia/Pacific region, and for discussions on regional arrangements for cooperation in human rights. China would actively participate in preparations for the 2001 the World Conference against Racial Discrimination.
The Chinese delegation felt that preventive measures by the international community related to human rights should be carried out under the prerequisite of respect for sovereignty of the States concerned. Attention should be focused on providing services and on development cooperation. Such activities should never constitute a broadening of the mandate of the Office of the High Commissioner for Human Rights (OHCHR) and related mechanisms, nor should they interfere in the internal affairs of countries. The Chinese delegation believed that General Assembly Resolution 48/141 provided the basis for the High Commissioner to carry out dialogue and cooperation with countries and play a positive role in the field of human rights.
MUNIR AKRAM (Pakistan) said that efforts to fight impunity for human-rights violations should be accompanied by implementation of an effective early warning and prevention procedure. The true state of democracy of a country could be measured by the political will of that country to apply the principle of self-determination. The international community should also put in place objective criteria which would permit it to react appropriately to cases of crisis or conflict. And one should not forget the continuing silence over persistent and widespread poverty.
Humanitarian actions taken on the international level should be in conformity with the provisions of the United Nations Charter, which clearly respected States' sovereignty and stated a policy of non-interference in their internal affairs. The international community should also ensure the application of and respect for the existing international instruments, particularly with regard to armed conflicts. It was also necessary to recall that States had the obligation to respect international humanitarian law and should respect the investigating mechanisms put in place by the Commission.
HANS HEINEMANN (Netherlands) said the Netherlands was convinced of the dedication and sincere involvement of the High Commissioner in human-rights affairs but believed that her activities might pay off more effectively if she would be supported by a strong office with clear managerial responsibilities. Such a strengthened office could partly be achieved by a substantial increase ing the funds made available through the regular budget of the United Nations.
The Netherlands encouraged the High Commissioner to continue with her briefings on a variety of topics which helped delegations better understand the scope of her Office's activities.
The presentation of the Annual Appeal 2000 had also been a structural improvement since it led to greater transparency with respect to funding needs. A similar overview related to the use of funds from regular budgets would be welcomed for the next financial year.
RAJA NUSHIRWAN (Malaysia) said that in extreme cases, some form of preventive measure should be considered with regard to genocide. However, much care should go into developing a realistic, efficacious and consistent doctrine of prevention in the context of human rights. The doctrine should be consistent through time; and although some flexibility was required, as no two situations were the same, there should be clear and consistent rules that would guide the application of preventive measures. In addition, they should add and not duplicate efforts undertaken by superior bodies of the United Nations, in particular the Security Council.
Malaysia commended the High Commissioner for her efforts in ensuring greater transparency in the activities of her office. Particularly, the launch of Appeal 2000, given proper follow-up, would facilitate the Commission's oversight of the Office of the High Commissioner for Human Rights. The High Commissioner should be in a position to redirect all unused contributions towards technical-cooperation projects in all regions which required them.
ALEXANDER KAVSADZE (Georgia) said the Commission was of crucial importance to a country recently independent and suffering from ethnic tensions. Citizens must enjoy international protection, and the President of Georgia had raised the question of increasing the effectiveness of human-rights mechanisms. The Commission on Human Rights had exhausted its potential in its current form and perhaps should become an independent structure such as the Economic and Social Council (ECOSOC). The time had come to consider including international NGOs at the centre of UN activities related to human rights, as they could serve as a new inspiration. There was a need to create a joint Commission-NGO working group on a permanent basis and an international TV channel which would conduct preventive and educational work related to human rights.
The jobs of field officers should be adjusted so as to prevent them from becoming obsolete. Greater technical assistance should be provided.
MOHAMED MOUNIR (Egypt) said Egypt agreed with the High Commissioner that the setting up of early warning systems was imperative for preventing gross violations of human rights. Egypt also supported greater emphasis on the right to development. Poverty, ignorance and lack of development could lead to violations of human rights.
A developmental approach was needed for the promotion of human rights, which were indivisible -- rights in one sphere could not and should not be stressed at the expense of human rights in other spheres. Preventive strategies, such as those based on dialogue and education, could lead to better implementation of and respect for human rights throughout the world.
DAVID LITTMAN, of Association for World Education, said that as was stressed last year, a grave danger came from systematic efforts to replace or modify the universally recognized code of human rights that was enshrined in the Universal Declaration of Human Rights and international covenants. Last year the organization had circulated a substantive article with its statement in which it examinee two diametrically opposed concepts of "Universal Human Rights", illustrating the gathering storm over the term "universality".
In the written statement of the organization, it was made clear that its position would be exactly the same if any future edition of "a compilation of international instruments" contained any religious document from whomsoever. Such ambiguity merited the serious attention of the Commission. Ignoring it would only heighten risks.
RENE WADLOW, of Association of World Citizens, said the organization supported the early warning procedures and preventive approach proposed in the report of the High Commissioner for Human Rights. The Association warned against a repetition of events which led to the mishandling of the warning signs of the 1993 Rwandan genocide. Three situations should have highest priority: armed conflicts, events taking place indicating negative trends, and structural violence.
Three major actors -- the State, the human-rights Secretariat, and NGOs -- had different but important roles to play in the promotion of human rights. Much work needed to be done to articulate, in the best way, relations between the representatives of States, the Secretariat, and NGOs; there also was an urgent need to study ways for the NGO community to be defended against an onslaught of pressures agaisnt them which was staining the reputation of the United Nations in its relationship with the NGO community.
Right of reply
OLEG MALGUINOV (Russian Federation), speaking in right of reply, said statements by representatives of Poland and Portugal on the situation in Chechnya gave the impression that the speakers were unfamiliar with the situation on the ground there. The Chechen campaign was aimed at preserving the territorial integrity of Russia and at combatting terrorism. The representative of Poland tried to cast doubt on that and had nothing to say about the situation in the territory before the campaign. The anti-terrorist operation was aimed at restoring human rights. As for openness, Russia was ready to provide a list of organizations which had visited Chechnya. The session of the Commission should not be politicized, as this could only harm the work of the Commission.
* *** *
56th session
21 March 2000
Afternoon
Four Government Ministers Address Commission on Human Rights
High Commissioner for Human Rights Mary Robinson said this afternoon that genocide was the most heinous of all human-rights violations and asked why it had not been possible for the international community to intervene effectively to prevent it.
The remark came as the High Commissioner presented the Commission on Human Rights with her annual report on the activities of her Office. Mrs. Robinson called for more attention to be paid to early warning systems, conflict prevention, and accountability on human-rights matters. She also stressed the importance of having Governments abide by the 1948 Convention on the Prevention and Punishment of the Crime Genocide.
Mrs. Robinson stressed that racism, discrimination and xenophobia were to be found at the root of most of the world's conflict situations. The subject was especially relevant in light of the resurgence of old ethnic, racial and nationalist antagonisms, she said.
A series of Government ministers also addressed the Commission.
Jaime Gama, Minister for Foreign Affairs of Portugal, speaking on behalf of the European Union, reviewed European policy on human rights and told the Commission that no country should be free to invoke sovereignty or claim interference in internal affairs to prevent the people under its jurisdiction from fully enjoying their human rights.
Jerzy Kranz, Poland's Under-Secretary for Foreign Affairs, said there was a dilemma between maintaining international standards for human rights and respecting the sovereignty of States and the principles of international law. He said State sovereignty had to be viewed with human rights in mind and that adherence to international law did not threaten national sovereignty as long as the State in question avoided human right violations; international law and national sovereignty were not mutually exclusive.
The Deputy Prime Minister of the Czech Republic, Jan Kavan, described the country's efforts to ease the difficulties of its Roma population, and said a comprehensive plan for integration of the Roma minority had been developed. He added that a draft law on the rights of ethnic minorities would be ready by the end of June this year.
And Dimitrij Rupel, Minister of Foreign Affairs of the Republic of Slovenia, said the universality of human rights and fundamental freedoms was at the core of their strength and applicability -- they mattered for every individual and every member of the international community. Human rights standards transcended national borders, and gross and massive abuses of human rights and violations of international law were increasingly becoming a matter of concern to the international community as a whole.
Before and following the statements by Government officials, the Commission took up debate of the annual report of the High Commissioner for Human Rights and follow-up to the World Conference on Human Rights.
Speaking during the afternoon meeting were representatives of China, Pakistan, the Netherlands, Malaysia, Georgia and Egypt. Representatives of non-governmental organizations (NGOs) Association for World Education and Association of World Citizens also delivered statements.
A representative of the Russian Federation spoke in exercise of the right to reply.
The Commission will reconvene at 10 a.m. Wednesday, 22 March, to continue its discussion of the report of the High Commissioner for Human Rights and follow-up to the World Conference on Human Rights.
Report of the High Commissioner for Human Rights and follow-up to the World Conference on Human Rights
Under this agenda item, the Commission had before it a report of the High Commissioner on effective functioning of human-rights mechanisms (E/CN.4/2000/5), which recommends, among other things, that information and country studies from field offices of the Office of the High Commissioner for Human Rights (OHCHR) be made available to Special Rapporteurs and experts on a regular basis; that treaty bodies call for the cooperation of special procedures mandates, including a direct exchange of information during their respective sessions, and that the OCHCR fund this cooperation; and that joint meetings between holders of special procedures mandates and the chairpersons of human rights treaty bodies be made a regular activity.
Statements
MARY ROBINSON, High Commissioner for Human Rights, presenting her annual report to the Commission, said that genocide, the most heinous of all human-rights violations, should come first in the ranking of gross violations. In the report, she posed the question of why it had not been possible for the international community to intervene effectively to prevent genocide. She called for more attention to early warning systems, conflict prevention, and accountability, and stressed the importance of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. Mrs. Robinson said racism, discrimination and xenophobia were to be found at the root of most of the world's conflict situations. The subject was especially relevant in light of the resurgence of old ethnic, racial and nationalist antagonisms.
The link between enhancement of the right to development and prevention of human-rights violations was another theme of the report, she said; human rights could not flourish in the midst of rampant global poverty. A better course for achieving economic, social and cultural rights and the right to development had to be charted.
The report also set out measures to prevent the persistent problem of slavery in all its forms and the ever growing scourge of trafficking in women and children. Finally, there was a section on the value of human rights education as a preventive measure. Overall, the High Commissioner said, the report outlined the major issues featured on the agenda of the Commission and sought to show that there was considerable room for preventive strategies to tackle them.
JAIME GAMA, Minister for Foreign Affairs of Portugal, speaking on behalf of the European Union, said human rights as a concept could not be attached to any particular culture or geographical region. No country should be free to invoke sovereignty or claim interference in internal affairs to prevent the people under its jurisdiction from fully enjoying their human rights. It was the duty of the international community to monitor violations of human rights whenever and wherever they occurred and call upon the States where those violations were taking place to cease those practices and bring the perpetrators to justice.
Mr. Gama said the European Union considered that abolition of the death penalty contributed to the enhancement of human dignity and the progressive development of human rights. Efforts made by NGOs all over the world to inform, monitor and denounce violations of human rights were praised by the European Union. The Union was aware that the human-rights situation in its member States was not perfect and was constantly seeking to improve its human-rights mechanisms. Meanwhile it was of utmost importance to improve and rationalize the functioning of the Commission's mechanisms.
Mr. Gama said the world had been shocked by the images coming out of East Timor the previous year and called for those responsible for human-rights violations there to be brought to justice. The situation in Chechnya also demanded attention in light of reports of widespread human-rights abuses. The European Union stressed the importance of an international presence in Chechnya and urged Russian authorities to comply with their commitments and rapidly launch full and transparent investigations into alleged violations.
The European Union was also committed to the existing dialogue on human rights with China and acknowledged progress made in fulfilling the basic needs of the Chinese population, the Foreign Minister said. However, it remained concerned about lack of progress in other areas, including use of the death penalty, restrictions on fundamental freedoms, harsh sentences imposed on political dissidents, persecution of religious minorities, non-ratification of UN human-rights covenants and insufficient cooperation with UN human-rights mechanisms.
JERZY KRANZ, Under-Secretary of the Foreign Ministry and Head of Delegation of Poland, said that most current conflicts included the violation of human rights by the national authorities or by participants in internal conflict. Protection of human rights depended on a genuinely democratic political system. There was a dilemma between maintaining international standards for human rights and at the same time respecting the sovereignty of States. International law was not created by the State but served to protect the State. Were it not for international law, relations between States would be determined by brute force only. State sovereignty had to be viewed with human rights in mind and adherence to international law did not threaten national soverignty as long as the State in question avoided human-rights violations. International law and national sovereignty were not mutually exclusive.
Mr. Kranz said the interests of the international community were best achieved by democratic Governments. It was apparent from human-rights violations of the past year that the international community must learn to differentiate between "peace" and "appeasement" -- any attempt by Governments to use international law as an alibi for human-rights violations was unacceptable.
Mr. Kranz said it was important not only to punish crimes of the past, but also be aware of atrocities committed in the present, citing concern over situations in Kosovo, East Timor and Chechnya.
DIMITRIJ RUPEL, Minister of Foreign Affairs of Slovenia, said that on the positive side, humanitarian interests recently had triumphed over State interests in several instances and new values had been introduced into international relations. On the negative side, serious violations of human rights continued in many different parts of the world. What was particularly disturbing was the effect that many conflicts and their aftermaths had on civilian populations, be they in Kosovo, East Timor, or Chechnya.
The universality of human rights and fundamental freedoms was at the core of their strength and applicability -- they mattered for every individual and every member of the international community. Human rights standards transcended national borders, and gross and massive abuses of human rights and violations of international law were increasingly becoming a matter of concern to the international community as a whole. The Rome Statute setting up an International Criminal Court was but one reflection of this trend.
The problem of small arms and light weapons should be addressed comprehensively, Mr. Rupel said. The rapid increase in intra-State armed conflicts after the end of the Cold War and the role that non-state actors had in those conflicts was another pertinent issue which had to be addressed with a view to committing those actors to respecting international human-rights and humanitarian law and preventing violence which targeted defenseless civilian populations.
It was to be hoped that the constant increase in the number of ratifications of the six core UN human-rights instruments over the last few years would eventually lead to their universal acceptance, the Foreign Minister said. It was also imperative to ensure that perpetrators were brought to justice and that victims of violations were awarded compensation.
JAN KAVAN, Deputy Prime Minister and Minister of Foreign Affairs of the Czech Republic, said the Commission had to find a balance between non-interference in the legitimate affairs of sovereign States and the principle of the inalienable rights of each human being. Common humanity transcended the sphere of sheer national interests.
During the past year, the Czech Government had paid particular attention to the situation of the country's Roma; a comprehensive plan for the integration of the Roma minority was under preparation. There had been a realization that the best solutions did not lie at the national level, but at the local and regional levels. A draft law on the rights of ethnic minorities in the Czech Republic was to be finalized by the end of June. A National Ombudsman Law had taken effect recently, as had an amendment to the law on acquisition and loss of citizenship. An amended Penal Code would come into force next year, simplifying and speeding up criminal proceedings.
Mr. Kavan said human rights were one of the fundamental principles of Czech foreign policy. The Government systematically fulfilled all of its obligations under international treaties, supported domestic policies on human rights, and the participated with other countries in dialogues on human rights. The Czech Republic also wanted to be integrated into the European human-rights debate, to learn and share experiences, not only between Governments but with NGOs.
The Czech Republic appreciated the finalization of the text of the Optional Protocol to the Convention on the Rights of the Child on armed conflicts, and hoped that two other optional protocols on the sale of children, child prostitution and child pornography, and on the Convention against Torture, would be finalized soon, Mr. Kavan said.
REN YISHENG (China) commended the High Commissioner on efforts made in advisory services, technical cooperation and annual workshops in the Asia/Pacific region, and for discussions on regional arrangements for cooperation in human rights. China would actively participate in preparations for the 2001 the World Conference against Racial Discrimination.
The Chinese delegation felt that preventive measures by the international community related to human rights should be carried out under the prerequisite of respect for sovereignty of the States concerned. Attention should be focused on providing services and on development cooperation. Such activities should never constitute a broadening of the mandate of the Office of the High Commissioner for Human Rights (OHCHR) and related mechanisms, nor should they interfere in the internal affairs of countries. The Chinese delegation believed that General Assembly Resolution 48/141 provided the basis for the High Commissioner to carry out dialogue and cooperation with countries and play a positive role in the field of human rights.
MUNIR AKRAM (Pakistan) said that efforts to fight impunity for human-rights violations should be accompanied by implementation of an effective early warning and prevention procedure. The true state of democracy of a country could be measured by the political will of that country to apply the principle of self-determination. The international community should also put in place objective criteria which would permit it to react appropriately to cases of crisis or conflict. And one should not forget the continuing silence over persistent and widespread poverty.
Humanitarian actions taken on the international level should be in conformity with the provisions of the United Nations Charter, which clearly respected States' sovereignty and stated a policy of non-interference in their internal affairs. The international community should also ensure the application of and respect for the existing international instruments, particularly with regard to armed conflicts. It was also necessary to recall that States had the obligation to respect international humanitarian law and should respect the investigating mechanisms put in place by the Commission.
HANS HEINEMANN (Netherlands) said the Netherlands was convinced of the dedication and sincere involvement of the High Commissioner in human-rights affairs but believed that her activities might pay off more effectively if she would be supported by a strong office with clear managerial responsibilities. Such a strengthened office could partly be achieved by a substantial increase ing the funds made available through the regular budget of the United Nations.
The Netherlands encouraged the High Commissioner to continue with her briefings on a variety of topics which helped delegations better understand the scope of her Office's activities.
The presentation of the Annual Appeal 2000 had also been a structural improvement since it led to greater transparency with respect to funding needs. A similar overview related to the use of funds from regular budgets would be welcomed for the next financial year.
RAJA NUSHIRWAN (Malaysia) said that in extreme cases, some form of preventive measure should be considered with regard to genocide. However, much care should go into developing a realistic, efficacious and consistent doctrine of prevention in the context of human rights. The doctrine should be consistent through time; and although some flexibility was required, as no two situations were the same, there should be clear and consistent rules that would guide the application of preventive measures. In addition, they should add and not duplicate efforts undertaken by superior bodies of the United Nations, in particular the Security Council.
Malaysia commended the High Commissioner for her efforts in ensuring greater transparency in the activities of her office. Particularly, the launch of Appeal 2000, given proper follow-up, would facilitate the Commission's oversight of the Office of the High Commissioner for Human Rights. The High Commissioner should be in a position to redirect all unused contributions towards technical-cooperation projects in all regions which required them.
ALEXANDER KAVSADZE (Georgia) said the Commission was of crucial importance to a country recently independent and suffering from ethnic tensions. Citizens must enjoy international protection, and the President of Georgia had raised the question of increasing the effectiveness of human-rights mechanisms. The Commission on Human Rights had exhausted its potential in its current form and perhaps should become an independent structure such as the Economic and Social Council (ECOSOC). The time had come to consider including international NGOs at the centre of UN activities related to human rights, as they could serve as a new inspiration. There was a need to create a joint Commission-NGO working group on a permanent basis and an international TV channel which would conduct preventive and educational work related to human rights.
The jobs of field officers should be adjusted so as to prevent them from becoming obsolete. Greater technical assistance should be provided.
MOHAMED MOUNIR (Egypt) said Egypt agreed with the High Commissioner that the setting up of early warning systems was imperative for preventing gross violations of human rights. Egypt also supported greater emphasis on the right to development. Poverty, ignorance and lack of development could lead to violations of human rights.
A developmental approach was needed for the promotion of human rights, which were indivisible -- rights in one sphere could not and should not be stressed at the expense of human rights in other spheres. Preventive strategies, such as those based on dialogue and education, could lead to better implementation of and respect for human rights throughout the world.
DAVID LITTMAN, of Association for World Education, said that as was stressed last year, a grave danger came from systematic efforts to replace or modify the universally recognized code of human rights that was enshrined in the Universal Declaration of Human Rights and international covenants. Last year the organization had circulated a substantive article with its statement in which it examinee two diametrically opposed concepts of "Universal Human Rights", illustrating the gathering storm over the term "universality".
In the written statement of the organization, it was made clear that its position would be exactly the same if any future edition of "a compilation of international instruments" contained any religious document from whomsoever. Such ambiguity merited the serious attention of the Commission. Ignoring it would only heighten risks.
RENE WADLOW, of Association of World Citizens, said the organization supported the early warning procedures and preventive approach proposed in the report of the High Commissioner for Human Rights. The Association warned against a repetition of events which led to the mishandling of the warning signs of the 1993 Rwandan genocide. Three situations should have highest priority: armed conflicts, events taking place indicating negative trends, and structural violence.
Three major actors -- the State, the human-rights Secretariat, and NGOs -- had different but important roles to play in the promotion of human rights. Much work needed to be done to articulate, in the best way, relations between the representatives of States, the Secretariat, and NGOs; there also was an urgent need to study ways for the NGO community to be defended against an onslaught of pressures agaisnt them which was staining the reputation of the United Nations in its relationship with the NGO community.
Right of reply
OLEG MALGUINOV (Russian Federation), speaking in right of reply, said statements by representatives of Poland and Portugal on the situation in Chechnya gave the impression that the speakers were unfamiliar with the situation on the ground there. The Chechen campaign was aimed at preserving the territorial integrity of Russia and at combatting terrorism. The representative of Poland tried to cast doubt on that and had nothing to say about the situation in the territory before the campaign. The anti-terrorist operation was aimed at restoring human rights. As for openness, Russia was ready to provide a list of organizations which had visited Chechnya. The session of the Commission should not be politicized, as this could only harm the work of the Commission.
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