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Press releases Commission on Human Rights

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21 March 2000

Commission on Human Rights
56th session
21 March 2000
Morning


Debate Held on Organization of Work


The Vice-President of Colombia told the Commission on Human Rights this morning that insurgents and self-defence groups waging a long-running internal conflict in the country were increasingly targeting civil populations, attacking urban centres, enlisting children, and carrying out kidnappings, thus creating a climate of intimidation under which the Government had to balance "different pressures" in an effort to protect human rights and Colombian democracy.

The Vice-President, Gustavo Bell Lemus, said negotiations with insurgent groups had achieved some progress and that the Government was pressing all sides in the conflict to observe international standards for the protection of the rights and safety of civilians. He said the Government continued to fight against the rebel forces, often with serious losses to its own forces, and that it was undertaking a series of reforms to improve human rights, administration of justice, protection of children, and operation of the nation's penal system.

The Commission also heard from high officials from four other Governments.

Jose Vicente Rangel Vale, Minister for Foreign Affairs of Venezuela, described national efforts to develop a new Constitution and legal order based on human rights, and said steps would be taken to compensate victims of human-rights violations, to overcome impunity, to prevent torture, and to defend the rights of vulnerable groups. The scope of military justice also would be restricted under the new Constitution, he said.

Joseph Deiss, Minister for Foreign Affairs of Switzerland, outlined Swiss foreign policy with regards to human rights, saying the international community often sent out signals that were "too weak" in response to violations in various parts of the world. He said Switzerland was concerned about current human-rights situations in China, including Tibet, in Chechnya, in Kosovo, and in countries where the death penalty was still imposed, including the United States, which continued to execute even minors.

Pascal Desire Missongo, Minister of Justice and Human Rights of Gabon, said there often was a discrepancy between the expectations of people and the limitations of Government and the political processes in many transition countries. Many developing countries were experiencing simultaneous political and economic transitions. While these were intended to strengthen the system, they often led to compromises and complications in an already unstable process. Mr. Missongo went on to describe steps taken by Gabon to enhance human rights.

Tonino Picula, Minister for Foreign Affairs of Croatia, said the country had made great progress in promoting and protecting human rights. He called, as Croatia had done in previous years, for his country to be removed from the Commission's annual omnibus resolution on the situation of human rights in the territory of the Federal Republic of Yugoslavia, Croatia, and Bosnia and Herzegovina, as well as for the revocation of the mandate of the Special Rapporteur concerning Croatia which was derived from that resolution.

In addition to hearing these addresses, the Commission carried out a debate on organization of work for its fifty-sixth session.

Speaking were representatives of Indonesia (on behalf of the Asian Group), China, Pakistan (on behalf of the Organization of the Islamic Conference), India, Cuba, and Sri Lanka.

The Commission will reconvene in plenary at 3:30 p.m. to began review of the report of the United Nations High Commissioner for Human Rights, which deals, among other things, with follow-up to the World Conference on Human Rights.

Statements

JOSE VICENTE RANGEL VALE, Minister for Foreign Affairs of Venezuela, said that Venezuela was facing many internal changes as well as fundamental political changes. However, human rights and the right to life, education and health remained high priorities and an intrinsic component of Venezuelan society.

Mr. Rangel Vale said that Venezuela was in the midst of adopting its new Constitution, inspired by the Bolivian Constitution. There was a need for justice, a new Magna Carta, a new constitutional hierarchy which implemented, recognized and guaranteed human rights. Venezuela was attempting to create a legal order based on human rights, to compensate victims, to overcome impunity, to prevent torture, and to respect and defend the rights of vulnerable groups. Military justice had been restricted by the new Constitution and a peoples ombudsman and a state ombudsman had been created. The process of progress within human rights in Venezuela was under way. The promotion of democracy was linked to human rights as it was the natural political medium to ensure the protection of those rights.

Mr. Rangel Vale said that Venezuela urged the Commission to cooperate, not condemn, to avoid politicization, to avoid interfering in national processes, and to respect national sovereignty in the promotion of human rights. He also said the globalization process was inextricably intertwined with the right to development. With the increase in trade and flow of capital, there was also an increase in the gap between rich and poor, developed and developing countries. Many countries felt marginalized despite the Washington consensus, and many countries were unable to respond to their minimum needs. He recommended relieving debts, re-initiating development, changing the nature of structural adjustment and rethinking the economic paradigm.

GUSTAVO BELL LEMUS, Vice-President of Colombia, said Colombia was a long-established democratic State that currently, for a variety of reasons, was faced with deep asymmetries and disagreements which had led to internal conflict. In spite of decisive action by the State, the conflict was inflicting severe damage on the civil population of the country. Acts by insurgents and self-defence groups and the fragmentation of those armed movements and their conspicuous disregard for human rights had exacerbated the conflict. The difficulties Colombia faced in ensuring the full protection of human rights were substantively greater than those faced by most States. The Government, in legitimately trying to defend the nation, was being forced to balance the different pressures under which it had to find a path to peace and security.

A negotiated solution to the conflict was being pursued within the framework of a "plan Colombia" to attain peace through economy recovery, strengthening of the national defence, security and justice systems, and through the protection of human rights and the fostering of social development, the Vice-President said. Substantial progress had been made and a committee to involve members of civil society had been set up to expand the process. Renewed contacts also had been made with the National Liberation Army (ELN), and progress had been achieved in defining some basic points for negotiation. The Government, meanwhile, had urged insurgent groups to subscribe to international human-rights standards aimed to protect civil populations. A policy document on human rights had been created to guide the human-rights process. The aim of the negotiations was long-term solutions.

Mr. Bell Lemus said the Government continued to fight the rebel forces in order to safeguard the population and property of the country; the military forces in 1998-99 had suffered losses of some 13.5 per cent of the 20,000 troops involved. The insurgents had hardened their actions against the civil population, attacking urban centres and enlisting children, as well as carrying out kidnappings, which now were used as a systematic and endemic means to plunder and create a general climate of intimidation. Action against self-defence groups included fighting directly against them with Government troops and also efforts to dismantle the factors that led to the creation of such groups. The Public Force operating against the self-defence groups during 1998-99 had suffered the loss of 11.5 per cent of the Force's 4,800 members.

Meanwhile the Government was carrying out various reforms to improve respect for human rights, bolster the justice system, reform the penal system, protect children, and end the enlistment of children into the insurgency, the Vice-President said. Colombia's democracy was threatened today, but the Government would fight with no respite to defend it and would not falter because it was convinced that destiny's door opened only to those who accepted historic challenges with firmness.

JOSEPH DEISS, Minister for Foreign Affairs of Switzerland, said the promotion of human rights, together with democracy and the principle of the rule of law, constituted one of the main objectives of Swiss policy. For Switzerland, human rights considerations should respond essentially to the principles of humanity in seeking to improve the fate of persons or groups whose fundamental freedoms were under attack. Switzerland's policy was universal in outlook and did not take into account the political, economic or social systems of the States where violations were perpetrated, or their geographical location.

Switzerland joined other members of the Commission in denouncing those countries where serious human-rights violations were taking place, Mr. Deiss said. It wished to give a political signal on the part of the international community -- one which was needed but, unfortunately, was often too weak. However, it was not only those countries and regions which were currently experiencing serious-rights problems. The human-rights situation in China, for instance, had not progressed in a positive way. Switzerland remained concerned about the severely repressive measures taken against minorities and religious groups, including the Tibetans. Furthermore, Switzerland would appeal to the Russian Federation to investigate allegations of human-rights abuses in Chechnya. Switzerland was also concerned by the way in which the death penalty was still used in some countries, including the United States, which continued to execute even minors, sometimes in procedures which did not always offer guarantees of justice. In Kosovo, the crimes committed against members of minority groups, as well as inter-ethnic violence, should be strongly condemned.

PASCAL DESIRE MISSONGO, Minister of Justice of Gabon, said that since the process of political transition began in a number of countries, particularly in Africa, ten years ago, only some of them had witnessed progress in the promotion of human rights. There was a discrepancy between the expectations of the people, the limitations of Government and the political processes in many transitional countries. Many developing countries were experiencing a simultaneous political and economic transition, intended to respectively strengthen the system. This, however, caused compromises and complications in an already unstable process. There had been considerable progress in some African countries with regards to civil and political freedoms.

Mr. Missongo said that peace was the pre-requisite for development. Gabon had established a human rights ministry and promoted colloquiums and seminars promoting human rights, such as the Rights of the Child seminar in Libreville. An inter-ministerial commission had been set up to address discrimination in legislation, particularly discrimination against women. Gabon's commitment to the principles of human rights, national sovereignty, territorial integrity and the peaceful resolution of differences remained strong. Gabon has been actively involved in maintaining peace in regional conflicts and welcomed many refugees from neighbouring conflicts.

Mr. Missongo concluded by highlighting the importance of international solidarity and the eradication of poverty to promote peace and human rights. International solidarity was a moral imperative in order to combat the problems facing the world, particularly Africa, such as AIDS, discrimination and violations of human rights.

TONINO PICULA, Minister of Foreign Affairs of Croatia, said his country was dissatisfied by the omnibus resolution on the situation of human rights in the territory of the Federal Republic of Yugoslavia, Croatia and Bosnia and Herzegovina, as well as the mandate of the Special Rapporteur concerning Croatia which was derived from that resolution. When the mandate of the Special Rapporteur for the territory of the former Yugoslavia was established in 1992, it was created on the basis of the then enormous humanitarian crisis, first in Croatia and later in Bosnia and Herzegovina. Following eight years of being scrutinized through the omnibus resolution, Croatia believed that it was time for the practice to be re-examined.

For Croatia, the goal of better protecting and promoting human rights could be more effectively achieved through closer and more practical cooperation in the field of human rights, Mr. Picula went on to say. Croatia strongly believed that the human-rights situation in the three countries covered in the mandate of the Special Rapporteur was incomparable. The human-rights situation in each country should be examined separately, each according to its own merits. In light of the recent elections in Croatia, which clearly confirmed the rule of law and protection of human rights, among other things, the continued inclusion of Croatia in the omnibus resolution was no longer congruent to the actual situation and was without merit.

Mr. Picula affirmed that his country was determined to quicken the pace of return and the reintegration of refugees and the displaced in their former places of residence. Already, 68,482 Croatian Serbs from the Federal Republic of Yugoslavia, Bosnia and Herzegovina and the Danube region had returned to their homes. However, Croatia was not satisfied with the pace of the return process. The new Government was determined to implement the National Programme of Return, while opposing any attempts to divide returnees into ethnic categories. The protection and promotion of minority rights would be a cornerstone of the new Government's policy. Special attention would also be paid to non-governmental organizations and other civil initiatives. The upkeep of good neighbourly relations was also among the foreign policies of Croatia.

N. HASSAN WIRAJUDA (Indonesia), speaking on behalf of the Asian Group, emphasized the need to streamline and rationalize the work methods of the Commission. It was a necessary and practical managerial requirement for the Commission to optimize the time and resources available to it if it was to achieve a more harmonious working environment conducive to consensus building. There was no doubt that the agreements reached in the Working Group on the Review of Mechanisms would provide important inputs to that discussion process. The useful efforts made last year and the year before should be further pursued to explore avenues for testing effective time management methods; limiting additional meetings; and facilitating and rationalizing non-governmental organizations participating in conformity with the relevant ECOSOC resolutions. Most importantly, the creation of an atmosphere of cooperation, consultation and understanding should continue to be priorities. The Asian Group would support the extended Bureau as a good management tool and an effective means of facilitating broad-based decision making. The Group wished to reiterate that the Bureau's work should continue to be confined to managerial tasks relevant to the Commission's work during the session as well as in the inter-sessional period. The Group also continued to advocate that the number of weeks of each session be reduced to four.

WANG MIN (China) urged the Commission to discard the “Cold War” mentality of confrontation and instead pursue dialogue and cooperation. The Commission should take concrete action to redress the imbalance between civil and political rights on the one hand and economic, social and cultural rights on the other hand, including the right to development which was of greater urgency to developing countries. The Commission had made some efforts to redress the imbalance between the two categories of rights in recent years and China hoped this session would further this positive momentum. The Commission should also adopt effective measures to improve its efficiency, to clarify the guidelines for the review of human rights mechanism, and to adopt a step-by-step approach.

MUNIR AKRAM (Pakistan), speaking on behalf of the Organization of Islamic Conference (OIC), said OIC Member States believed the Commission and its work should be imbibed with respect and tolerance towards all cultures and civilizations. The OIC consistently had adopted resolutions on human-rights situations in the Israeli-occupied territories, Bosnia and Herzegovina, Jammu and Kashmir, Kosovo, Chechnya, and on the item "the aggression of Armenia against the Azerbaijani Republic". A Ministerial delegation of the OIC had visited Moscow in January to discuss a political solution to the Chechen crisis and to underline the grave and rising concern of the Islamic world over the continuation of hostilities in Chechnya.

The Commission had made progress in its methods of work, but needed further transparency in negotiations over so-called "country resolutions", and the OIC felt all resolutions tabled should be examined to make sure they met the principles of non-selectivity and objectivity. OIC countries continued to find it disturbing that at recent Commission and Subcommission sessions, attempts had been made to misrepresent and in effect slander and defame Islam.

SAVITRI KUNADI (India), said there was a need to rationalize the work methods of the Commission and to introduce cooperative work arrangements, better time management, and ensure fuller participation by non-governmental organizations. She noted the consensual outcome of the Working Group set up by the last session of the Commission on enhancing the effectiveness of its mechanisms and the search of a solution acceptable to all delegations for the implementation of the report of the Working Group. Although considerable progress had been made in rationalising the working methods of the Commission, much more remained to be done. The timely availability of documents, greater transparency in moving resolutions and further rationalization of the agenda would improve the effectiveness of the Commission. Avoiding confrontational approaches and increasing consultation and dialogue with a view to building consensus were also key ingredients for making the Commission sessions more productive and giving a further boost to the promotion and protection of human rights.

JUAN FERNANDEZ PALACIOS (Cuba) said that his delegation was worried about the short time limit allocated to various speakers, including those dignitaries who had travelled a long way to deliver a statement to the Commission. Any limitation of speaking time would not be appropriate to the image of the Commission. In addition, because of the increased number of documents over the last five years, and because of the limited time, it was not possible to read them all. For the last eight years, the number of observer States and non-governmental organizations had been on the increase in the participation of the work of the Commission. In 1991, 56 meetings had been held while in 1997 there were 70, and in 2000, 63 sessions were scheduled.

H.M.G.S. PALIHAKKARA (Sri Lanka) said discussions should be continued to make the working methods of the Commission more effective and transparent, and also to make it more efficient, as time pressures and the demands of the agenda increased yearly. Sri Lanka recommended the proposals of the Asian Group with regards to working methods and urged other delegations to consider them. Recent positive developments had led to greater pursuit of consensus as a basis of decision-making on human rights, and to a decline in confrontation.

Sri Lanka believed that consensus and open decision-making could apply to almost all Commission business, and that streamlining and time-management methods could be further applied to the Commission's work.



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