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29 March 2000
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Commission on Human Rights
56th session
29 March 2000
Afternoon
Speakers Decry Human Rights Violations in Many Countries
The Commission on Human Rights was addressed this afternoon by the Foreign Minister of the Netherlands, who said that there could be no hiding behind the principle of sovereignty in cases where human rights or fundamental freedoms were being violated.
Jozias van Aartsen, Foreign Minister of the Netherlands, emphasized that the world had grown up and a mature and self-confident world community should be open and unafraid of taking the measure of itself; there could be no hiding behind the principle of sovereignty in cases where human rights or fundamental freedoms were being violated; no Government had the right to terrorize its own people; the standards set forth together by the international community were universal and human rights were a legitimate concern for all.
The Commission also continued its debate on the violation of human rights and fundamental freedoms in any part of the world by hearing statements by representatives of States and non-governmental organizations. Speakers decried human rights violations in many countries and urged the Commission to continue to adopt resolutions on countries which violated fundamental freedoms.
The representatives of the following countries delivered statements: Qatar, the Republic of Korea, Bahrain, Malaysia, Australia, Egypt, Ethiopia, Nicaragua and the Democratic People's Republic of Korea.
Also participating in the debate by providing statements were representatives from the following non-governmental organizations: the International Organization for the Elimination of All Forms of Racial Discrimination, the Asian Legal Resource Centre, the International Council of the Associations for Peace in the Continents, Centre Europe-Tiers Monde, Pax Romana, the World Evangelical Fellowship, Interfaith International, the Organization for Defending Victims of Violence, Liberation, the Afro-Asian People's Solidarity Organization, Pax Christi International, the International Commission of Jurists, Médicins du monde international, the International Union of Socialist Youth, Franscicans International, Federacion de Asociaciones de Defensa y Prmocion de los Derechos Humanos, and the South Asia Human Rights Documentation Centre.
The following countries exercised the right of reply: the Democratic People's Republic of Korea, Malaysia, China, Cuba, Saudi Arabia, Pakistan, Sudan, Bahrain, Iraq and Eritrea.
The Commission will reconvene at 6 p.m. in an extended session until 9 p.m., to continue its debate on human rights violations around the world.
Question of the violation of human rights and fundamental freedoms in any part of the world
Under this agenda item, the Commission has before it a series of documents.
There are reports of the High Commissioner for Human Rights on the situation in Kosovo, Federal Republic of Yugoslavia, dated 31 May 1999 (E/CN.4/2000/7) and 27 September 2000 (E/CN.4/2000/10), the first of which concludes, among other things, that the 'grave humanitarian tragedy taking place in Kosovo and neighbouring countries has its roots in a human-rights crisis' and calls on all concerned to intensify political negotiations to reach a solution: and the second of which recommends, among other things, that the highest importance be given to investigation of crimes committed by Serbian forces during the conflict and to efforts to bring the perpetrators to justice; that efforts be continued to investigate the fate and whereabouts of missing persons; that United Nations police be rapidly deployed as a key step in guaranteeing respect for law and order and creating a safe environment for all inhabitants of Kosovo; that the highest importance be given to the preservation of a multi-ethnic Kosovo in which the human rights of all inhabitants are respected; that priority be given to saving lives of people at risk; that allegations of Kosovo Liberation Army (KLA) detention centres, killings, rape, torture, arson, expulsion, looting, theft and other violations be investigated swiftly; that complete demilitarization and disarmament of the KLA be accomplished; and that the international community take all necessary steps to redress from a broad humanitarian perspective the effects of the NATO campaign on the civilian population of the Federal Republic of Yugoslavia.
There is a report of the Special Rapporteur (E/CN.4/2000/38) on the human-rights situation in Myanmar which concludes, among other things, that 'in spite of the Government's recent indications that serious consideration would be given to a visit by him, he has not so far been given permission to enter the country'; that 'no concrete progress, most unfortunately, can be reported on the general situation'; that repression of political and civil rights continues, including summary or arbitrary executions, abuse of women and children by soldiers, and the imposition of repressive measures directed at ethnic and religious minorities, including the continuing use of forced labour and relocation; that persecution of the democratic opposition continues, including the imposition of long prison sentences and the use of intimidation and harassment; and that impunity remains a serious problem.
There is a report of the Secretary-General (E/CN.4/2000/101) on possible cases of intimidation and reprisal against private individuals and groups seeking to cooperate with the United Nations and representatives of its human-rights bodies; the document cites allegations ranging from death threats to abductions to surveillance to harassment that led to decisions to flee over international borders as reported by the Special Rapporteur on extrajudicial, summary or arbitrary executions, related to a mission to Mexico; the Special Rapporteur on the question of torture, related to a mission to Cameroon; the Working Group on Enforced or Involuntary Disappearances, related to events in Columbia, Honduras, and Guatemala; the Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo, related to territories under the control of the Government and territories under the control of the 'RCD' forces; the Special Rapporteur on the sale of children, child prostitution and child pornography, related to a mission to Guatemala; and the Office of the High Commissioner for Human Rights, related to a mission to Burundi.
There is a 26 August 1999 letter to the High Commissioner for Human Rights from the Permanent Representative of Kuwait to the United Nations Office at Geneva (E/CN.4/2000/113) and a note verbale to the High Commissioner from the Permanent Mission of the Government of Iraq (E/CN.4/2000/119) charging and denying, respectively, that Iraq is violating the terms of the United Nations 'oil-for-food' programme, based on the contents of a boat captured in Kuwaiti waters.
There is a note by the Secretary-General (E/CN.4/2000/115) indicating that a visit requested by the Commission to East Timor by the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on the question of torture, and the Special Rapporteur on violence against women had been carried out and that the report of the visit provided to the General Assembly (A/54/660) was available to the Commission.
There are letters dated 7 January 2000 (E/CN.4/2000/116) and 23 February 2000 (E/CN.4/2000/127) from the Permanent Representative of Azerbaijan to the Secretariat of the Commission drawing attention to anniversaries of what are termed, respectively, 'the 20 January 1990 tragedy' in Baku and other areas of the country, and 'the 26 February 1992 genocide' in the Azerbaijani town of Khojaly.
There is a note verbale (E/CN.4/2000/121) of 3 February 2000 from the Permanent Mission of the Republic of Iraq to the Office of the High Commissioner for Human Rights on the use of depleted uranium and its effects on human rights in Iraq, contending that ordinance dropped on Iraq during the six weeks of the Gulf War in 1991 contained depleted uranium; that by early 1992, doctors in Iraq were 'bewildered' by a sharp rise in birth deformities, that nine years after the war, cancer rates in Iraq have risen 'up to ten-fold', and that the use of such weapons against Iraq violated international law 'because of the inherent cruelty and unconfined death-dealing effect'.
Statements
JOSIAS VAN AARTSEN, Minister of Foreign Affairs of the Netherlands, stated that his Government based its human rights policy in terms of its universality and on the principle of legitimacy. Over the past year, the Dutch Government had sought to stimulate further debate on the relationship between national sovereignty and human rights. Human rights were an integral part of the country's foreign policy. Violations of human rights took many forms and occurred in many parts of the world. In the United States, the death penalty was still being applied in some states to persons who were under 18 years old when committing a crime. The European Union had already called on the United States to impose a moratorium on the death penalty. He also expressed concern about human rights violations in the Russian Federation regarding Chechnya and in China concerning Tibetans and Christian communities.
Mr. Aartsen underlined that the world had grown up and a mature and self-confident world community should be open and unafraid of taking the measure of itself. There could be no hiding behind the principle of sovereignty in cases where human rights or fundamental freedoms were being violated. No government had the right to terrorize its own people. The standards set forth together by the international community were universal and human rights were a legitimate concern for all.
Mr. Aartsen recalled that the current session of the Commission had defined poverty and human rights as the central theme; the freedom from want. The Government of the Netherlands believed in equality of all human rights, be they civil and political or economic, social and cultural. The Government had made a major contribution over many years to the development of social, economic and cultural rights. He also highlighted racial and religious intolerance, prevention of torture and the role of human rights defenders.
KHALED AL-THANI (Qatar) said that the situation in southern Lebanon and western Bekaa was deteriorating. The rights to life, freedom and safety were violated on a daily basis. Israel was not adhering to international law. Amongst the practices condemned were the demolition of houses, the burning of crops, prevention of free movement, and violation of private and public property. Israel had also been responsible for several actions of aggression and targeting innocent civilians and children. This was in clear contradiction to human rights and international law. As the Israelis moved in and out of villages, they imposed collective sanctions on the population.
The resistance to the occupation was legitimate. The Israeli authorities had also carried out physical and psychological torture in refugee camps and prisons which had led to the death of many detainees. People had been abducted to concentration camps for months without trials. The delegation of Qatar gave tribute to the International Committee of the Red Cross for their unwavering support. The Commission was urged to continue to put pressure on the Israeli Government and to ensure its unconditional withdrawal from the Arab areas. The territorial sovereignty of Lebanon had to be restored.
MAN SOON CHANG (The Republic of Korea) said the twentieth century had left a heritage of unremitting challenges and problems. Notwithstanding the active efforts of the international community, serious human rights violations, such as torture, extra-judicial executions, and racial discrimination, still cast their shadow over the world. In many countries, human rights violations were being committed on a large scale. As the situation in Kosovo and East Timor illustrated, the causes of systematic and massive human rights violations were rooted in discrimination and prejudice against different races and religions. It rested upon the members of the international community to cooperate closely with each other and take effective steps to prevent large-scale human rights violations, including trafficking and sexual exploitation of women and girls.
The benefits of economic development and improvement in living standards were not felt in all parts of the world. Indeed, in many regions the problem of absolute poverty had intensified. In many corners of the world, the right to life was seriously threatened by poverty, famine and disease.
On the issue of displaced persons, the agony of the 10 million separated Korean families was a tragic legacy of the Korean War and the ensuing division of the Korean peninsula, prolonged by the Cold War. Five decades after the separation, elderly members of such families were passing away, still not united with their loved ones. The settlement of this urgent humanitarian and human rights issue could no longer be delayed.
AHMAD AL HADDAD (Bahrain) said that international cooperation and dialogue was the most effective means to safeguard the fundamental rights and freedoms of all peoples in the world. Bahrain was committed to work closely with the United Nations and had accordingly participated in the International Workshop on Economic, Social and Cultural Rights and the Right to Development in the Asia-Pacific Region and in the Workshop on Regional Cooperation. Technical cooperation from the Office of the High Commissioner for Human Rights had been sought. Bahrain had withdrawn its reservation to Article 20 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The Government had implemented a broad range of coordinated policies based on a strategy of consultation and cooperation where human rights was a top priority. A Human Rights Committee had been established at the Shura (Consultative) Council in accordance with United Nations principles, a substantial amount of people had been released from Bahrain's jails, citizenship had been extended to a great number of new applicants and municipal elections would be held in which women were entitled to vote and stand as candidates for the first time. The outlook was positive and the Commission was therefore urged to be cautious about the manipulative propaganda of certain individuals and groups who had no genuine interest in human rights.
RAJA NUSHIRWAN (Malaysia) said it was blindly accepted by the Commission that country situations referred only to the enjoyment of civil and political rights, but it had been forgotten that countries, particularly developing countries, carried a vast orb of other problems - mainly related to the fulfilment of economic, social and cultural rights. These rights too were basic, just as freedom from torture was.
On the issue of country resolutions, concern was expressed about the relevance and credibility of the Commission which risked being diminished by the prevalent practice of demonization, that is, the need to cast countries as either the good or bad guys. The practice of having country resolutions was unconstructive as condemnation hardly ever begot cooperation. A further threat to the relevance and credibility of the Commission was selectivity in the choice of country situations.
LES LUCK (Australia) said that without strong institutions, the rule of law, accountability, transparency and an active and participatory civil society, national well-being was much more difficult to secure. Many Governments were also realizing that respect for human rights could only take place where the basic building blocks of good governance were firmly in place. The democratic transition in Indonesia had passed some significant milestones since the Commission last met. Life in East Timor was returning to normal after the recent trauma. Australia had repeatedly expressed concerns about actions taken against individuals and groups in China which severely circumscribed their freedoms. The human rights situation in Cambodia, Burma, Chechnya, Afghanistan, Algeria, Iran, Cyprus and Sri Lanka were briefly reviewed by the speaker.
ABDELAZIZ HAFEZ (Egypt) said that monitoring of human rights was important and difficult as there was a conflict between values and interests. The Commission should work as one to narrow the gaps between values and interests. This work could be based on four principles: objectivity and de-politicization of the issues; credibility of the Commission's work through the treatment of issues without selectivity, discrimination nor double standards; the respect for international law and the United Nations Charter; and through open and transparent dialogue.
The two most serious violations of human rights over the past two years had occurred in southern Lebanon and Chechnya. Egypt could not accept these violations of human rights. Israel had deliberately bombed civilians in southern Lebanon. Not wanting to politicise the issue, Egypt focused on the need for relief and an end to human suffering. Egypt had sent technical teams to restore Lebanese infrastructure. In Chechnya a solution needed to be found which would not threaten the territorial sovereignty of the Russian Federation. Access for humanitarian assistance and the return of refugees had to be ensured. Egypt urged that terrorism and military manoeuvres did not target defenceless civilians. The cooperation between the Russian Federation and humanitarian associations was welcomed. Normal living conditions had to be restored.
SILESHI MENGESHA (Ethiopia) said the Eritrean regime had committed blatant aggression against the sovereignty of Ethiopia as well as countless atrocities against Ethiopian nationals with a view to destabilizing the entire region, grabbing more land and obtaining illegal economic advantage at the expense of its neighbours.
To date, 350,000 people displaced by the Eritrean aggression continued to live far away from their homes under the most difficult conditions. The current figure of Ethiopian deportees brutally expelled from Eritrea had reached well over 45,000. Moreover, thousands of Ethiopian nationals continued to live under the yoke of Eritrean illegal occupation. The deliberate policy of attacking civilians had resulted in incalculable loss of life and suffering to Ethiopian civilians. The Eritrean regime had also infested the occupied areas with anti-personnel landmines, killing and injuring hundreds of civilians and cattle. Its troops had also desecrated religious places and looted precious religious icons. Furthermore, the regime had denied access for the International Committee of the Red Cross (ICRC) to visit Ethiopian prisoners of war. Reports coming from Eritrea had established that the prisoners of war and other Ethiopian civilian detainees were being tortured and summarily executed by the Eritrean security forces.
The Commission was urged to condemn the atrocities committed by the Eritrean regime, demand that Eritrea stop its deliberate attacks and intimidation against Ethiopian civilians, press on Eritrea to provide the ICRC with unhindered access to visit detainees and cooperate with the Organization of African Unity in seeking a peaceful solution to the crisis.
MAURICIO DIAZ DAVILA (Nicaragua) said that there was no ideological justification for denying the human rights of people. In the 1980s, people were struggling for the construction of their nations. In Nicaragua, for example, after a painful passage of the dictatorial regime, people had been aspiring to exercise their human rights. At present, the people of Nicaragua had assumed their democratic rights and could freely express their opinion. In addition, the Government of Nicaragua was concerned about the human rights violations in other countries, particularly of those people living under dictatorship.
PAK DOK HUN (the Democratic Peoples Republic of Korea) said human rights violations were arising which had previously been hidden behind the curtains of the Cold War. In order to resolve human rights issues properly, an end had to be put on the infringements of sovereignty caused by high-handedness as a matter of priority. There had been many incidents of infringements of sovereignty under the pretext of humanitarian intervention which was a clear breach of international law. The redefinition of the principle of respect for sovereignty was commonplace, claiming that intervention beyond borders was allowed due to the universality of human rights. This trends was strongly discouraged. It was motivated by dishonest political purposes to subordinate small and independent countries under the angle of human rights. This could only lead to anarchy and of large and small scale wars.
Sovereignty was the lifeline of every nation, human rights were unthinkable without sovereignty. The delegation demanded the immediate abolition of the National Security Law of South Korea which had severe repercussions on the North Korean people. The Government of the Democratic Peoples Republic of Korea had done all it could to promote and protect human rights based on the supreme principle of state activity to serve the people, constantly pursuing the policy of human rights protection. Cooperation with human rights bodies on the basis of mutual trust, cooperation and the fulfilment of ones obligations would continue.
HANNAN SHARFELDDIN, of the International Organization for the Elimination of All Forms of Racial Discrimination, said the two senior United Nations humanitarian officials for Iraq who had submitted their resignation to the Secretary-General some weeks ago had explained that they resigned in protest against the policy of 'oil-for-food' which had resulted in a true humanitarian tragedy for the Iraqi people. Apparently, the conscience of the two United Nations officials who had resigned could no longer bear the overwhelming silence and indifference to the tragedy caused by the Security Council resolutions. One of the officials had said that the 'oil-for-food' programme did not meet nor satisfy the basic needs of the Iraqi people. He wondered how long the tormented Iraqi people would remain subjected to the dirty game of dirty politics, especially American and British political policies concerning disarmament of Iraq. International public opinion held American and British politicians responsible for the tragic humanitarian consequences, especially the dangerous and dramatic rise in the rate of infant mortality due to the sanctions imposed. In the view of international public opinion, no means to an end could ever justify the horrific burden of human sacrifice. These resignations should alert those whose numb conscience had been robbed of its humanity.
TINA JOHANNESEN, of the Asian Legal Resource Centre, brought to the attention of the Commission the human rights violations suffered by the Daltis in India. Those, once called the 'untouchables', were one of the most oppressed groups that history had ever known. They comprised 17 per cent of the Indian population. After a thousand years of exclusion from society, they continued to be in limbo in India, despite the legal abolition of untouchability. The only employment they could freely enter into was scavenging. Dalit discrimination was maintained by keeping them landless. The fight against this discrimination could not make a significant breakthrough without a real attempt at land reform that would grant land to Dalits.
PAZ MARTINEZ NIETO, of the International Council of the Associations for Peace in the Continents, said that this millennium would be remembered as one of the most bloody in the history of humankind. It was time to act decisively. The organization joined the calls for an investigation on the atrocities in Chechnya, the repression in Tibet and the torture and persecution of the movement of Falun Gong. Many women in the Falun Gong movement were reportedly detained and mistreated.
Cuba was condemned for 41 years of human rights violations. The civil and political rights of the population of Cuba were inexistent through intimidation tactics and threats. All areas were subject to persecution and harassment, such as the artist community and the press and agrarian sector. Cuban Law allowed up to 20 years in prison for any action against the Government. The Commission was urged to put pressure on the Cuban Government and to ensure that country's adherence to the international treaties it had signed.
MALIK OZDEN, of Centre Europe-Tiers Monde, said that the consequences of the embargo against Iraq ran counter to all the principles of the United Nations. The measures had tragic consequences for the Iraqi people, in particular children. Further, the embargo was sapping all the efforts undertaken by international organizations in the field of human rights. Similarly, Cuba continued to suffer an unjust embargo imposed on it 40 years ago. As in the case of Iraq, the embargo on Cuba mortgaged future generations. By imposing its national legislation at the international level, the United States was challenging national sovereignty and international law. The U.S. imposed its will either by making the UN shoulder responsibility, as was the case with Iraq, or by passing international decisions when the UN could not be instrumental, as in the case with Cuba.
CHRISTINA WIDIANTARTI, of Pax Romana, said the situation of human rights and the rule of law in Peru had further deteriorated during 1999. The country's President was now running for a third term in violation of the Constitution which limited presidential terms to only two periods. He was using public resources for his electoral campaign. He was harassing opposition candidates and the independent press and he was using military personnel for that purpose. The conditions under which the elections were to be held on 9 April were totally unfair and would not guarantee the right of the Peruvian people to elect and be elected as provided for in the International Covenant on Civil and Political Rights. The flawed electoral process added to the already serious deterioration of the protection of human rights in Peru.
ELIZABETH BATHA, of the World Evangelical Fellowship, focused on the severe human rights violations in Viet Nam. There had been a rise in the persecution of Christian communities there, in particular among ethnic communities. Harassment and restrictions were faced on a day-to-day basis from the armed forces and the Government in the form of beatings, fines, forced labour and the confiscation of property and discrimination based on religion. Article 5 of the new decree on religion was condemned as was article 70 of the 1992 Constitution which stated that no one could misuse beliefs or religions to violate the law. As the Government had denied legal recognition to church organizations, believers were forced to meet illegally. Protestant churches were particularly targeted.
The Special Rapporteur on Religious Intolerance had confirmed the severe harassment facing the Christian ethnic communities. The organization referred to two different examples of people who faced religious persecution in Viet Nam. This was a violation of human rights and the Commission was urged to increase efforts to bring Viet Nam's legislation into line with international standards. The Commission was also encouraged to make all possible efforts in secure the release of those detained for their religious beliefs.
CHARLES GRAVES, of Interfaith International, said there was a widespread violation of civil, political, cultural, social and economic rights in Pakistan, especially in Sindh province, as reported by various UN Special Rapporteurs, Amnesty International and the Human Rights International Alliance. Martial law was declared in Pakistan last year, suspending the Parliament and abrogating the Constitution, establishing 'Special Courts', further undermining the basic human rights of the people of Sindh. The Sindh, one of the world's oldest surviving civilizations, were under threat of extinction from deliberate cultural dilution, settlement of immigrants, persecution and the continuation of military operations. The human rights situation in Bahrain was also worrying, including long and irregular administrative detentions.
YADOLAH MOHAMMADI, of the Organization for Defending Victims of Violence, said that in Afghanistan, the violation of human rights, especially those of women, and of ethnic and religious minorities had become more and more dramatic, while in Iraq, the people were suffering from the dramatic situation of the country, mainly because of the aggressive policies of Saddam Hussein and international sanctions. The tragic attack at the Teheran university was a concern to the organization. The process of investigation about the chain of killings in Autumn 1998 was progressing very slowly. Those in charge of the murders should be brought before the courts of justice as soon as possible.
BOWDEN, of Liberation, spoke on human rights violations against the Aceh in Indonesia, the Sindh in Pakistan, and minorities in India, Yemen and Cyprus. The situation in Aceh had deteriorated since the statement by the Chairman of the Subcommission for the Promotion and Protection of Human Rights in 1999 which had expressed concern about the human rights abuses there. The region faced summary executions, torture, rape and abductions. In West Papua, the organization condemned the armed forces who viewed the calls for self-determination as a threat. Their response had caused many deaths and injuries. The Commission was urged to act upon the commitments made in the Subcommission Chairperson's statement and to implement the relevant recommendations. The Indonesian Government should also be pressured to follow through with its commitment to establish a credible and independent human rights court.
The organization also spoke of the widespread violations of the civil, political, cultural, social and economic rights of the Sindh people in Pakistan as had been reported by the Special Rapporteur and other humanitarian agencies. Last year's coup in Pakistan had further undermined the rights of the Sindh people. In India the organization was concerned about the fabricated charges by the Indian police in many areas, particularly Punjab. The Commission was urged to pressure India to take actions against such violations. Yemen was urged to end the violations of fundamental liberties and freedoms. The Cypriot people were also mentioned and the systematic violation of their human rights since 1974. The Commission was urged to seek a resolution from the General Assembly so that no further economic and military integration of Turkey into Europe would take place until all its former resolutions had been adhered to.
VIDYA SEKERA, of the Afro-Asian Peoples' Solidarity Organization, said that mass graves were still being discovered in Bangladesh dating back to killings committed by the Pakistani Army before Bangladesh's liberation; the Commission should find and reveal the truth about these barbaric acts. Reportedly, over 100,000 East Timorese remained in camps in West Timor that were under the control of militia thugs from East Timor and their Indonesian army supporters; reportedly many had died for lack of adequate sanitation and medical care; the international community should bring the perpetrators to justice. The profit from oil was more important than upholding human rights in Sudan, and so the big powers tried to cover up the slave trade in that country; the Commission should expose this hypocrisy.
There was a strong belief that hundreds of Christian cult members found burned to death in Uganda were actually murdered by their religious leaders; the international community should find out the truth. Kosovo remained at an impasse; ethnic killings continued, and the responsibility lay with the super powers which had disregarded the authority of the UN. There and in Chechnya and in Palestine, the United Nations had been practically overlooked. Kurds suffered everywhere and the Commission should take the necessary steps to alleviate their suffering.
DENNIS WARNER, of Pax Christi International, said that the ongoing war in the Democratic Republic of the Congo had become an international war. It was estimated that there had been one million persons displaced. In addition, there were 300,000 refugees in the Congo from other central African States, mostly from Rwanda. Some 2.1 million were directly affected by the war. The Security Council had recently approved the strengthening of the existing UN Observer Mission (MONUC)to 5,500 men, but that measure was clearly inadequate. The Organization of African Unity was prepared to mediate, but it demonstrated little initiative in becoming active in the implementation of the Lusaka peace agreement. The overall military conflict in the Democratic Republic of the Congo was worsening and free access to prisoners of war though the International Red Cross was not always possible.
MONA RISHMAWI, of the International Commission of Jurists, said that during the war in Chechnya there had been well-founded allegations of bombings of civilians by Russian forces and of summary executions, enforced disappearances, arbitrary detention, torture, rape, and looting by those forces. There was a need for a thorough international fact-finding effort, and the Commission should either create a new mechanism to do so or use existing mechanisms for this purpose. Impunity continued in relation to violations committed in East Timor; the United Nations should ensure international monitoring, by a body of independent experts, of the legal proceedings initiated by the Indonesian judicial system with regard to crimes committed in East Timor.
Although the 1999 peace agreement signed in Sierra Leone had raised hopes, there continued to be credible reports of further abductions, rapes, and attacks on civilians; the agreement, furthermore, provided for impunity for acts committed during the conflict. The Commission should appoint a Special Rapporteur to report on the situation, including on various steps that could bring an end to impunity for the perpetrators of the international crimes committed in that country.
GRACIELA ROBERT, of Medicins du Monde, was particularly alarmed by the continuing human rights violations in Chechnya. As a medical organization, present there since 1994, it had witnessed the atrocities first hand. Since 1999, they had conducted 40,000 medical consultations and 14,000 consultations for psychological trauma. In one refugee camp there was only three medical personnel for over 20,000 people. Almost all the refugees were suffering from psychological trauma due to the war waged on the civilian population.
The organization estimated that there were around 100,000 dispersed people. Medical practice in the camps was extremely affected by lack of supplies and humanitarian assistance. There were serious violations of human rights in systematic bombings of the civilian population, people disappearing to unknown destinations, mass executions, destruction of public buildings and hospitals. The Russian Federation was urged to end the violations of human rights, allow free access to humanitarian aid agencies and ensure an independent investigation into the situation in Chechnya.
DOLMA CHOOPHEL, of the International Union of Socialist Youth, spoke about the realities of the human rights situation in Chinese-occupied Tibet. For many years, thematic mechanisms of the Commission had regularly documented evidence that the human rights situation in Tibet was getting worse. Yet the Commission had been prevented from adopting a resolution on China. Last year one delegation, while supporting China's 'non-action' motion, had remarked that to single out one country or group of countries for criticism in the absence of persistent egregious violations was not productive. However, since the visit of the Special Rapporteur on religious intolerance to Tibet in 1994, the Chinese authorities had banned the public display of the photograph of His Holiness the Dalai Lama and had jailed the 10-year-old Panchen Lama of Tibet at an undisclosed location.
JOHN QUIGLEY, of Franciscans International, said the organization was concerned about increased violations committed by the armed forces in Mexico against citizens, especially in the states of Chiapas, Guerrero and Oaxaca. Many of the issues addressed by UN mechanisms in recent years were still relevant and needed urgent attention -- Mexico needed to implement UN human-rights recommendations, not merely invite and cooperate with UN human-rights visits. The Commission should monitor and ensure follow-up to the recommendations of various treaty bodies and Special Rapporteurs on the situation in Mexico, and should ensure that the technical-assistance programme now being discussed with the Office of the High Commissioner for Human Rights (OHCHR) would deal seriously with systemic violations of the rights of indigenous peoples.
Despite all the high-profile attention given to Colombia and to Government efforts to cooperate with international human-rights mechanisms, the situation was worse today than it was last year. It was deeply alarming that the United States Government might approve $ 1.6 billion for military and drug-control assistance to Colombia when sufficient funding for the overburdened Office of the High Commissioner for Human Rights in Bogota was lacking. Franciscans International continued to be concerned about economic, social and cultural inequalities in Brazil and worried that the World Bank plan for agrarian reform there was ill-conceived and would not have the intended effects.
MICHEL MANCISIDIOR, of the Federacion de Asociaciones de Defenca y Promocion de los Derechos Humanos, said that in East Timor, 96 per cent of the population had gone to the ballot boxes and voted in favour of independence. But the pro-integration militias had rejected this and had abused human rights. The militias had had the support of the Indonesian armed forces and police which was a clear violation of the right to self-determination of hte East Timorese. The organization estimated that more than 400,000 people were displaced. Confrontation with the pro-integration militia was still common. The Indonesian authorities had set a deadline for the return of displaced people, which should be adhered to.
The organization condemned the violation of human rights of East Timorese, denounced the impunity of those responsible and decried the constant abuses by militias. The support of the international community was called for. Those responsible for the human rights violations should be brought to justice and judged through the establishment of an international court. The victims of the abuses were entitled to compensation. The organization appealed to the Indonesian Government to disarm the West Timor militia.
RAVI NAIR, of the South Asia Human Rights Documentation Centre, said that on 14 October 1999, the actual head of State of Pakistan had declared a state of emergency and had promised to a global television audience that he would govern in the interests of the Pakistani people. Many welcomed the general's actions. The ousted Government had threatened the freedom of the press by limiting the supply of newsprint to some newspapers and by detaining liberal journalists. Although the General promised relief from the excesses of the former regime, his administration had not delivered on his pledges to protect the basic human rights and dignity of the Pakistani people. Many who lived in Pakistan would continue to suffer from violations of the civil and political rights from governmental officials and their fellow citizens.
Rights of Reply
The representative of the Democratic People's Republic of Korea, speaking in right of reply, said the European Union's representative had made prejudiced, unilateral and ill-informed allegations against the Democratic People's Republic of Korea. That was surprising, since the EU was establishing bilateral relations with the country based on mutual respect and non-interference in internal affairs. Hostile forces had fabricated allegations against the country, and the EU had merely repeated them; in doing so the EU indicated that it applied double standards; it should direct its intentions as a matter of priority to the gross human-rights problems in its own region, such as ever-increasing drug abuse, racism and xenophobia.
The representative of Malaysia said, in right of reply, that his country was disappointed by the accusations in the statement by Portugal on behalf of the European Union. These accusations were misinformed and reflected a prejudiced attitude. The Malaysian Government was not administering politically repressive measures. There was no evidence of this. In fact, invitations had been sent to foreign diplomats to attend trials. The Malaysian delegation did not understand the accusations and reminded Portugal of the principle of innocent until proven guilty. The independence of the national commission on human rights could not be questioned as it had not even been established yet.
The representative of China, speaking in right of reply, said yesterday evening and today the representatives of some western countries and non-governmental organizations had levelled accusations against China; China rejected those allegations; the head of the Chinese delegation would elaborate on China's human-rights record under this agenda item soon, but it was worth saying now that in the past year China had given great attention to improving the human-rights situation, and great strides had been made. There had not been a regression, but progress. The Falun Gong movement, it had to be said, had literally taken people's lives in China; it was a criminal organization and it was necessary to prevent it from damaging the normal order of Chinese life. The rights of minorities and of Tibetans were fully respected. Before criticizing others' human-rights records, western countries should look critically at their own human-rights performances. Facts had shown that dialogue on the basis of mutual respect was the only way for different countries to discuss and make progress in human rights.
The representative of Saudi Arabia, speaking in right of reply, referred to the statement made by the European Union and said that in spite of the tremendous progress achieved in dealing with human rights issues in the country in recent years, it was surprising that there had been no change in the manner in which the European Union's statement addressed the question of human rights in the Kingdom of Saudi Arabia. The drafters of the statement should have derived their information from reliable sources instead of reiterating invalid, inaccurate and false allegations. The Government had nothing to hide and was ready to provide the requisite information.
The representative of Pakistan, speaking in right of reply, said his country welcomed the European Union's concern regarding the situation in Jammu and Kashmir, but unfortunately the EU's position continued to be unbalanced and distorted. Kashmiris were struggling legitimately for the right to self-determination as called for by UN resolutions. Their struggle had been peaceful until Indian repression and human-rights violations had intensified and tens of thousands of innocent Kashmiris had been killed, raped, and harmed under unfair collective-punishment schemes. If 700,000 Indian troops could not stop so-called infiltration on the Indian side of the line, Pakistan's small military presence on its side could not be expected to do so. There was no terrorism in Kashmir unless it was terrorism committed by Indian forces. Kashmiris were fighting Indian soldiers; the Indians were fighting the entire Kashmiri population. Who was the terrorist? Those who took one-sided positions would share the responsibility for intensified Indian repression in Kashmir.
The representative of Sudan said, in right to reply, that the Commission had studied the subject of slavery in Sudan last year, and had concluded that that phenomenon did not exist. This had been endorsed by the General Assembly. The Special Rapporteur had been able to speak to people of authority and tribal leaders, to discuss the phenomenon. Again, the conclusion had been that there was no slavery, but there had been cases of kidnapping. Individuals and groups were aiming to distort the image of Sudan for unjustified reason to deprive Sudan of development and to prevent it from using its resources. A number of Government measures had been taken such as the earmarking of 35 per cent of oil revenues for the development of the parts of country where it was discovered.
The representative of Bahrain, speaking in right of reply, said a non-governmental organization had made allegations against Bahrain which were untrue and unsupported by any evidence whatsoever; they were aimed at achieving goals that had nothing to do with human rights. All arrests made in Bahrain were carried out according to the law and were respectful of proper criminal procedure, as were the circumstances of all pre-trial detention. Detentions were not arbitrary but in conformity with the Universal Declaration of Human Rights, and -- although Bahrain was not a State party -- with the International Covenant of Civil and Political Rights. Excessive force was never used. Complaints against police for violations of proper procedure could be brought before Bahrain's highest courts, but to date, as far as the delegation was aware, there had not been any such complaints.
The representative of Iraq, speaking in right of reply, refuted allegations made by some non-governmental organizations on religious discrimination and said that Iraqi society's peaceful coexistence of its different religious groups was well known. The Government had ratified the International Convention on the Elimination of All Forms of Racial Discrimination with the conviction to observe and respect racial coexistence. Some non-governmental organizations were attempting to create religious discord among the people of Iraq.
The representative of Eritrea, speaking in right of reply, said the dispute between Eritrea and Ethiopia was now familiar to the international community, but it was clear who was committed to the conflict and who was committed to peace. Eritrea had cooperated with efforts to bring about a peaceful solution to the conflict, and was ready to sign -- and the emphasis was on 'sign'. Ethiopia was not, it seemed, ready to sign the Organization of African Unity accord. For details on Ethiopia's human-rights violations, everyone should refer to reports by Amnesty International, Human Rights Watch, and the United States State Department report. Eritrea favoured appointment of a Special Rapporteur by this Commission; why didn't Ethiopia? Would this Commission, if it was honestly concerned about human rights in this region, make an honest effort to investigate?
CORRIGENDUM
In press release HR/CN/00/15 of 28 March 2000, the first statement on the sixth page should read as follows:
HANAN SHARFELDDIN; of the Organization for the Elimination of All Forms of Racial Discrimination, said that the leadership of the most popular political party in the occupied territories in Palestine had frequently reiterated the quote 'A land without people for people without a land'. The slogan clearly conveyed the racist inclination which nested in the mentality of this leadership and those whom it led, as they descended from Europe and America to dispute Palestinians inalienable right to their homeland and properties. Assuming Palestine to be a land without people, and placing Jewish tenets above the rule of international law, they had opened the doors and invited Jews all over the world to exercise their so-called 'divine right' to fill Palestine's ancient quarters. There was hardly any arrogant and racist ideology in the world as savage and brutal as such strange and weird mentality. Even as recent as a few weeks ago, Shimon Peres, one of Israel's doves, had the audacity to declare that Israel was the focal point of light in a Middle East environment of backwardness and squalidness. The organization believed that many Jews did not agree with this racist trend. However, it also wished to alert the world community to pay attention and to be aware of the repercussions and the dangers this racist trend posed for world peace. The Commission and the international community should issue a recommendation alerting and even warning radical Israeli leaders that as the international community rejected nazism and all forms of racism in the past, it firmly and strongly rejected this new form of racism nesting in the wishful and delusional thinking of those who plotted for a greater Israel from the Nile to the Euphrates.
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56th session
29 March 2000
Afternoon
Speakers Decry Human Rights Violations in Many Countries
The Commission on Human Rights was addressed this afternoon by the Foreign Minister of the Netherlands, who said that there could be no hiding behind the principle of sovereignty in cases where human rights or fundamental freedoms were being violated.
Jozias van Aartsen, Foreign Minister of the Netherlands, emphasized that the world had grown up and a mature and self-confident world community should be open and unafraid of taking the measure of itself; there could be no hiding behind the principle of sovereignty in cases where human rights or fundamental freedoms were being violated; no Government had the right to terrorize its own people; the standards set forth together by the international community were universal and human rights were a legitimate concern for all.
The Commission also continued its debate on the violation of human rights and fundamental freedoms in any part of the world by hearing statements by representatives of States and non-governmental organizations. Speakers decried human rights violations in many countries and urged the Commission to continue to adopt resolutions on countries which violated fundamental freedoms.
The representatives of the following countries delivered statements: Qatar, the Republic of Korea, Bahrain, Malaysia, Australia, Egypt, Ethiopia, Nicaragua and the Democratic People's Republic of Korea.
Also participating in the debate by providing statements were representatives from the following non-governmental organizations: the International Organization for the Elimination of All Forms of Racial Discrimination, the Asian Legal Resource Centre, the International Council of the Associations for Peace in the Continents, Centre Europe-Tiers Monde, Pax Romana, the World Evangelical Fellowship, Interfaith International, the Organization for Defending Victims of Violence, Liberation, the Afro-Asian People's Solidarity Organization, Pax Christi International, the International Commission of Jurists, Médicins du monde international, the International Union of Socialist Youth, Franscicans International, Federacion de Asociaciones de Defensa y Prmocion de los Derechos Humanos, and the South Asia Human Rights Documentation Centre.
The following countries exercised the right of reply: the Democratic People's Republic of Korea, Malaysia, China, Cuba, Saudi Arabia, Pakistan, Sudan, Bahrain, Iraq and Eritrea.
The Commission will reconvene at 6 p.m. in an extended session until 9 p.m., to continue its debate on human rights violations around the world.
Question of the violation of human rights and fundamental freedoms in any part of the world
Under this agenda item, the Commission has before it a series of documents.
There are reports of the High Commissioner for Human Rights on the situation in Kosovo, Federal Republic of Yugoslavia, dated 31 May 1999 (E/CN.4/2000/7) and 27 September 2000 (E/CN.4/2000/10), the first of which concludes, among other things, that the 'grave humanitarian tragedy taking place in Kosovo and neighbouring countries has its roots in a human-rights crisis' and calls on all concerned to intensify political negotiations to reach a solution: and the second of which recommends, among other things, that the highest importance be given to investigation of crimes committed by Serbian forces during the conflict and to efforts to bring the perpetrators to justice; that efforts be continued to investigate the fate and whereabouts of missing persons; that United Nations police be rapidly deployed as a key step in guaranteeing respect for law and order and creating a safe environment for all inhabitants of Kosovo; that the highest importance be given to the preservation of a multi-ethnic Kosovo in which the human rights of all inhabitants are respected; that priority be given to saving lives of people at risk; that allegations of Kosovo Liberation Army (KLA) detention centres, killings, rape, torture, arson, expulsion, looting, theft and other violations be investigated swiftly; that complete demilitarization and disarmament of the KLA be accomplished; and that the international community take all necessary steps to redress from a broad humanitarian perspective the effects of the NATO campaign on the civilian population of the Federal Republic of Yugoslavia.
There is a report of the Special Rapporteur (E/CN.4/2000/38) on the human-rights situation in Myanmar which concludes, among other things, that 'in spite of the Government's recent indications that serious consideration would be given to a visit by him, he has not so far been given permission to enter the country'; that 'no concrete progress, most unfortunately, can be reported on the general situation'; that repression of political and civil rights continues, including summary or arbitrary executions, abuse of women and children by soldiers, and the imposition of repressive measures directed at ethnic and religious minorities, including the continuing use of forced labour and relocation; that persecution of the democratic opposition continues, including the imposition of long prison sentences and the use of intimidation and harassment; and that impunity remains a serious problem.
There is a report of the Secretary-General (E/CN.4/2000/101) on possible cases of intimidation and reprisal against private individuals and groups seeking to cooperate with the United Nations and representatives of its human-rights bodies; the document cites allegations ranging from death threats to abductions to surveillance to harassment that led to decisions to flee over international borders as reported by the Special Rapporteur on extrajudicial, summary or arbitrary executions, related to a mission to Mexico; the Special Rapporteur on the question of torture, related to a mission to Cameroon; the Working Group on Enforced or Involuntary Disappearances, related to events in Columbia, Honduras, and Guatemala; the Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo, related to territories under the control of the Government and territories under the control of the 'RCD' forces; the Special Rapporteur on the sale of children, child prostitution and child pornography, related to a mission to Guatemala; and the Office of the High Commissioner for Human Rights, related to a mission to Burundi.
There is a 26 August 1999 letter to the High Commissioner for Human Rights from the Permanent Representative of Kuwait to the United Nations Office at Geneva (E/CN.4/2000/113) and a note verbale to the High Commissioner from the Permanent Mission of the Government of Iraq (E/CN.4/2000/119) charging and denying, respectively, that Iraq is violating the terms of the United Nations 'oil-for-food' programme, based on the contents of a boat captured in Kuwaiti waters.
There is a note by the Secretary-General (E/CN.4/2000/115) indicating that a visit requested by the Commission to East Timor by the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on the question of torture, and the Special Rapporteur on violence against women had been carried out and that the report of the visit provided to the General Assembly (A/54/660) was available to the Commission.
There are letters dated 7 January 2000 (E/CN.4/2000/116) and 23 February 2000 (E/CN.4/2000/127) from the Permanent Representative of Azerbaijan to the Secretariat of the Commission drawing attention to anniversaries of what are termed, respectively, 'the 20 January 1990 tragedy' in Baku and other areas of the country, and 'the 26 February 1992 genocide' in the Azerbaijani town of Khojaly.
There is a note verbale (E/CN.4/2000/121) of 3 February 2000 from the Permanent Mission of the Republic of Iraq to the Office of the High Commissioner for Human Rights on the use of depleted uranium and its effects on human rights in Iraq, contending that ordinance dropped on Iraq during the six weeks of the Gulf War in 1991 contained depleted uranium; that by early 1992, doctors in Iraq were 'bewildered' by a sharp rise in birth deformities, that nine years after the war, cancer rates in Iraq have risen 'up to ten-fold', and that the use of such weapons against Iraq violated international law 'because of the inherent cruelty and unconfined death-dealing effect'.
Statements
JOSIAS VAN AARTSEN, Minister of Foreign Affairs of the Netherlands, stated that his Government based its human rights policy in terms of its universality and on the principle of legitimacy. Over the past year, the Dutch Government had sought to stimulate further debate on the relationship between national sovereignty and human rights. Human rights were an integral part of the country's foreign policy. Violations of human rights took many forms and occurred in many parts of the world. In the United States, the death penalty was still being applied in some states to persons who were under 18 years old when committing a crime. The European Union had already called on the United States to impose a moratorium on the death penalty. He also expressed concern about human rights violations in the Russian Federation regarding Chechnya and in China concerning Tibetans and Christian communities.
Mr. Aartsen underlined that the world had grown up and a mature and self-confident world community should be open and unafraid of taking the measure of itself. There could be no hiding behind the principle of sovereignty in cases where human rights or fundamental freedoms were being violated. No government had the right to terrorize its own people. The standards set forth together by the international community were universal and human rights were a legitimate concern for all.
Mr. Aartsen recalled that the current session of the Commission had defined poverty and human rights as the central theme; the freedom from want. The Government of the Netherlands believed in equality of all human rights, be they civil and political or economic, social and cultural. The Government had made a major contribution over many years to the development of social, economic and cultural rights. He also highlighted racial and religious intolerance, prevention of torture and the role of human rights defenders.
KHALED AL-THANI (Qatar) said that the situation in southern Lebanon and western Bekaa was deteriorating. The rights to life, freedom and safety were violated on a daily basis. Israel was not adhering to international law. Amongst the practices condemned were the demolition of houses, the burning of crops, prevention of free movement, and violation of private and public property. Israel had also been responsible for several actions of aggression and targeting innocent civilians and children. This was in clear contradiction to human rights and international law. As the Israelis moved in and out of villages, they imposed collective sanctions on the population.
The resistance to the occupation was legitimate. The Israeli authorities had also carried out physical and psychological torture in refugee camps and prisons which had led to the death of many detainees. People had been abducted to concentration camps for months without trials. The delegation of Qatar gave tribute to the International Committee of the Red Cross for their unwavering support. The Commission was urged to continue to put pressure on the Israeli Government and to ensure its unconditional withdrawal from the Arab areas. The territorial sovereignty of Lebanon had to be restored.
MAN SOON CHANG (The Republic of Korea) said the twentieth century had left a heritage of unremitting challenges and problems. Notwithstanding the active efforts of the international community, serious human rights violations, such as torture, extra-judicial executions, and racial discrimination, still cast their shadow over the world. In many countries, human rights violations were being committed on a large scale. As the situation in Kosovo and East Timor illustrated, the causes of systematic and massive human rights violations were rooted in discrimination and prejudice against different races and religions. It rested upon the members of the international community to cooperate closely with each other and take effective steps to prevent large-scale human rights violations, including trafficking and sexual exploitation of women and girls.
The benefits of economic development and improvement in living standards were not felt in all parts of the world. Indeed, in many regions the problem of absolute poverty had intensified. In many corners of the world, the right to life was seriously threatened by poverty, famine and disease.
On the issue of displaced persons, the agony of the 10 million separated Korean families was a tragic legacy of the Korean War and the ensuing division of the Korean peninsula, prolonged by the Cold War. Five decades after the separation, elderly members of such families were passing away, still not united with their loved ones. The settlement of this urgent humanitarian and human rights issue could no longer be delayed.
AHMAD AL HADDAD (Bahrain) said that international cooperation and dialogue was the most effective means to safeguard the fundamental rights and freedoms of all peoples in the world. Bahrain was committed to work closely with the United Nations and had accordingly participated in the International Workshop on Economic, Social and Cultural Rights and the Right to Development in the Asia-Pacific Region and in the Workshop on Regional Cooperation. Technical cooperation from the Office of the High Commissioner for Human Rights had been sought. Bahrain had withdrawn its reservation to Article 20 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The Government had implemented a broad range of coordinated policies based on a strategy of consultation and cooperation where human rights was a top priority. A Human Rights Committee had been established at the Shura (Consultative) Council in accordance with United Nations principles, a substantial amount of people had been released from Bahrain's jails, citizenship had been extended to a great number of new applicants and municipal elections would be held in which women were entitled to vote and stand as candidates for the first time. The outlook was positive and the Commission was therefore urged to be cautious about the manipulative propaganda of certain individuals and groups who had no genuine interest in human rights.
RAJA NUSHIRWAN (Malaysia) said it was blindly accepted by the Commission that country situations referred only to the enjoyment of civil and political rights, but it had been forgotten that countries, particularly developing countries, carried a vast orb of other problems - mainly related to the fulfilment of economic, social and cultural rights. These rights too were basic, just as freedom from torture was.
On the issue of country resolutions, concern was expressed about the relevance and credibility of the Commission which risked being diminished by the prevalent practice of demonization, that is, the need to cast countries as either the good or bad guys. The practice of having country resolutions was unconstructive as condemnation hardly ever begot cooperation. A further threat to the relevance and credibility of the Commission was selectivity in the choice of country situations.
LES LUCK (Australia) said that without strong institutions, the rule of law, accountability, transparency and an active and participatory civil society, national well-being was much more difficult to secure. Many Governments were also realizing that respect for human rights could only take place where the basic building blocks of good governance were firmly in place. The democratic transition in Indonesia had passed some significant milestones since the Commission last met. Life in East Timor was returning to normal after the recent trauma. Australia had repeatedly expressed concerns about actions taken against individuals and groups in China which severely circumscribed their freedoms. The human rights situation in Cambodia, Burma, Chechnya, Afghanistan, Algeria, Iran, Cyprus and Sri Lanka were briefly reviewed by the speaker.
ABDELAZIZ HAFEZ (Egypt) said that monitoring of human rights was important and difficult as there was a conflict between values and interests. The Commission should work as one to narrow the gaps between values and interests. This work could be based on four principles: objectivity and de-politicization of the issues; credibility of the Commission's work through the treatment of issues without selectivity, discrimination nor double standards; the respect for international law and the United Nations Charter; and through open and transparent dialogue.
The two most serious violations of human rights over the past two years had occurred in southern Lebanon and Chechnya. Egypt could not accept these violations of human rights. Israel had deliberately bombed civilians in southern Lebanon. Not wanting to politicise the issue, Egypt focused on the need for relief and an end to human suffering. Egypt had sent technical teams to restore Lebanese infrastructure. In Chechnya a solution needed to be found which would not threaten the territorial sovereignty of the Russian Federation. Access for humanitarian assistance and the return of refugees had to be ensured. Egypt urged that terrorism and military manoeuvres did not target defenceless civilians. The cooperation between the Russian Federation and humanitarian associations was welcomed. Normal living conditions had to be restored.
SILESHI MENGESHA (Ethiopia) said the Eritrean regime had committed blatant aggression against the sovereignty of Ethiopia as well as countless atrocities against Ethiopian nationals with a view to destabilizing the entire region, grabbing more land and obtaining illegal economic advantage at the expense of its neighbours.
To date, 350,000 people displaced by the Eritrean aggression continued to live far away from their homes under the most difficult conditions. The current figure of Ethiopian deportees brutally expelled from Eritrea had reached well over 45,000. Moreover, thousands of Ethiopian nationals continued to live under the yoke of Eritrean illegal occupation. The deliberate policy of attacking civilians had resulted in incalculable loss of life and suffering to Ethiopian civilians. The Eritrean regime had also infested the occupied areas with anti-personnel landmines, killing and injuring hundreds of civilians and cattle. Its troops had also desecrated religious places and looted precious religious icons. Furthermore, the regime had denied access for the International Committee of the Red Cross (ICRC) to visit Ethiopian prisoners of war. Reports coming from Eritrea had established that the prisoners of war and other Ethiopian civilian detainees were being tortured and summarily executed by the Eritrean security forces.
The Commission was urged to condemn the atrocities committed by the Eritrean regime, demand that Eritrea stop its deliberate attacks and intimidation against Ethiopian civilians, press on Eritrea to provide the ICRC with unhindered access to visit detainees and cooperate with the Organization of African Unity in seeking a peaceful solution to the crisis.
MAURICIO DIAZ DAVILA (Nicaragua) said that there was no ideological justification for denying the human rights of people. In the 1980s, people were struggling for the construction of their nations. In Nicaragua, for example, after a painful passage of the dictatorial regime, people had been aspiring to exercise their human rights. At present, the people of Nicaragua had assumed their democratic rights and could freely express their opinion. In addition, the Government of Nicaragua was concerned about the human rights violations in other countries, particularly of those people living under dictatorship.
PAK DOK HUN (the Democratic Peoples Republic of Korea) said human rights violations were arising which had previously been hidden behind the curtains of the Cold War. In order to resolve human rights issues properly, an end had to be put on the infringements of sovereignty caused by high-handedness as a matter of priority. There had been many incidents of infringements of sovereignty under the pretext of humanitarian intervention which was a clear breach of international law. The redefinition of the principle of respect for sovereignty was commonplace, claiming that intervention beyond borders was allowed due to the universality of human rights. This trends was strongly discouraged. It was motivated by dishonest political purposes to subordinate small and independent countries under the angle of human rights. This could only lead to anarchy and of large and small scale wars.
Sovereignty was the lifeline of every nation, human rights were unthinkable without sovereignty. The delegation demanded the immediate abolition of the National Security Law of South Korea which had severe repercussions on the North Korean people. The Government of the Democratic Peoples Republic of Korea had done all it could to promote and protect human rights based on the supreme principle of state activity to serve the people, constantly pursuing the policy of human rights protection. Cooperation with human rights bodies on the basis of mutual trust, cooperation and the fulfilment of ones obligations would continue.
HANNAN SHARFELDDIN, of the International Organization for the Elimination of All Forms of Racial Discrimination, said the two senior United Nations humanitarian officials for Iraq who had submitted their resignation to the Secretary-General some weeks ago had explained that they resigned in protest against the policy of 'oil-for-food' which had resulted in a true humanitarian tragedy for the Iraqi people. Apparently, the conscience of the two United Nations officials who had resigned could no longer bear the overwhelming silence and indifference to the tragedy caused by the Security Council resolutions. One of the officials had said that the 'oil-for-food' programme did not meet nor satisfy the basic needs of the Iraqi people. He wondered how long the tormented Iraqi people would remain subjected to the dirty game of dirty politics, especially American and British political policies concerning disarmament of Iraq. International public opinion held American and British politicians responsible for the tragic humanitarian consequences, especially the dangerous and dramatic rise in the rate of infant mortality due to the sanctions imposed. In the view of international public opinion, no means to an end could ever justify the horrific burden of human sacrifice. These resignations should alert those whose numb conscience had been robbed of its humanity.
TINA JOHANNESEN, of the Asian Legal Resource Centre, brought to the attention of the Commission the human rights violations suffered by the Daltis in India. Those, once called the 'untouchables', were one of the most oppressed groups that history had ever known. They comprised 17 per cent of the Indian population. After a thousand years of exclusion from society, they continued to be in limbo in India, despite the legal abolition of untouchability. The only employment they could freely enter into was scavenging. Dalit discrimination was maintained by keeping them landless. The fight against this discrimination could not make a significant breakthrough without a real attempt at land reform that would grant land to Dalits.
PAZ MARTINEZ NIETO, of the International Council of the Associations for Peace in the Continents, said that this millennium would be remembered as one of the most bloody in the history of humankind. It was time to act decisively. The organization joined the calls for an investigation on the atrocities in Chechnya, the repression in Tibet and the torture and persecution of the movement of Falun Gong. Many women in the Falun Gong movement were reportedly detained and mistreated.
Cuba was condemned for 41 years of human rights violations. The civil and political rights of the population of Cuba were inexistent through intimidation tactics and threats. All areas were subject to persecution and harassment, such as the artist community and the press and agrarian sector. Cuban Law allowed up to 20 years in prison for any action against the Government. The Commission was urged to put pressure on the Cuban Government and to ensure that country's adherence to the international treaties it had signed.
MALIK OZDEN, of Centre Europe-Tiers Monde, said that the consequences of the embargo against Iraq ran counter to all the principles of the United Nations. The measures had tragic consequences for the Iraqi people, in particular children. Further, the embargo was sapping all the efforts undertaken by international organizations in the field of human rights. Similarly, Cuba continued to suffer an unjust embargo imposed on it 40 years ago. As in the case of Iraq, the embargo on Cuba mortgaged future generations. By imposing its national legislation at the international level, the United States was challenging national sovereignty and international law. The U.S. imposed its will either by making the UN shoulder responsibility, as was the case with Iraq, or by passing international decisions when the UN could not be instrumental, as in the case with Cuba.
CHRISTINA WIDIANTARTI, of Pax Romana, said the situation of human rights and the rule of law in Peru had further deteriorated during 1999. The country's President was now running for a third term in violation of the Constitution which limited presidential terms to only two periods. He was using public resources for his electoral campaign. He was harassing opposition candidates and the independent press and he was using military personnel for that purpose. The conditions under which the elections were to be held on 9 April were totally unfair and would not guarantee the right of the Peruvian people to elect and be elected as provided for in the International Covenant on Civil and Political Rights. The flawed electoral process added to the already serious deterioration of the protection of human rights in Peru.
ELIZABETH BATHA, of the World Evangelical Fellowship, focused on the severe human rights violations in Viet Nam. There had been a rise in the persecution of Christian communities there, in particular among ethnic communities. Harassment and restrictions were faced on a day-to-day basis from the armed forces and the Government in the form of beatings, fines, forced labour and the confiscation of property and discrimination based on religion. Article 5 of the new decree on religion was condemned as was article 70 of the 1992 Constitution which stated that no one could misuse beliefs or religions to violate the law. As the Government had denied legal recognition to church organizations, believers were forced to meet illegally. Protestant churches were particularly targeted.
The Special Rapporteur on Religious Intolerance had confirmed the severe harassment facing the Christian ethnic communities. The organization referred to two different examples of people who faced religious persecution in Viet Nam. This was a violation of human rights and the Commission was urged to increase efforts to bring Viet Nam's legislation into line with international standards. The Commission was also encouraged to make all possible efforts in secure the release of those detained for their religious beliefs.
CHARLES GRAVES, of Interfaith International, said there was a widespread violation of civil, political, cultural, social and economic rights in Pakistan, especially in Sindh province, as reported by various UN Special Rapporteurs, Amnesty International and the Human Rights International Alliance. Martial law was declared in Pakistan last year, suspending the Parliament and abrogating the Constitution, establishing 'Special Courts', further undermining the basic human rights of the people of Sindh. The Sindh, one of the world's oldest surviving civilizations, were under threat of extinction from deliberate cultural dilution, settlement of immigrants, persecution and the continuation of military operations. The human rights situation in Bahrain was also worrying, including long and irregular administrative detentions.
YADOLAH MOHAMMADI, of the Organization for Defending Victims of Violence, said that in Afghanistan, the violation of human rights, especially those of women, and of ethnic and religious minorities had become more and more dramatic, while in Iraq, the people were suffering from the dramatic situation of the country, mainly because of the aggressive policies of Saddam Hussein and international sanctions. The tragic attack at the Teheran university was a concern to the organization. The process of investigation about the chain of killings in Autumn 1998 was progressing very slowly. Those in charge of the murders should be brought before the courts of justice as soon as possible.
BOWDEN, of Liberation, spoke on human rights violations against the Aceh in Indonesia, the Sindh in Pakistan, and minorities in India, Yemen and Cyprus. The situation in Aceh had deteriorated since the statement by the Chairman of the Subcommission for the Promotion and Protection of Human Rights in 1999 which had expressed concern about the human rights abuses there. The region faced summary executions, torture, rape and abductions. In West Papua, the organization condemned the armed forces who viewed the calls for self-determination as a threat. Their response had caused many deaths and injuries. The Commission was urged to act upon the commitments made in the Subcommission Chairperson's statement and to implement the relevant recommendations. The Indonesian Government should also be pressured to follow through with its commitment to establish a credible and independent human rights court.
The organization also spoke of the widespread violations of the civil, political, cultural, social and economic rights of the Sindh people in Pakistan as had been reported by the Special Rapporteur and other humanitarian agencies. Last year's coup in Pakistan had further undermined the rights of the Sindh people. In India the organization was concerned about the fabricated charges by the Indian police in many areas, particularly Punjab. The Commission was urged to pressure India to take actions against such violations. Yemen was urged to end the violations of fundamental liberties and freedoms. The Cypriot people were also mentioned and the systematic violation of their human rights since 1974. The Commission was urged to seek a resolution from the General Assembly so that no further economic and military integration of Turkey into Europe would take place until all its former resolutions had been adhered to.
VIDYA SEKERA, of the Afro-Asian Peoples' Solidarity Organization, said that mass graves were still being discovered in Bangladesh dating back to killings committed by the Pakistani Army before Bangladesh's liberation; the Commission should find and reveal the truth about these barbaric acts. Reportedly, over 100,000 East Timorese remained in camps in West Timor that were under the control of militia thugs from East Timor and their Indonesian army supporters; reportedly many had died for lack of adequate sanitation and medical care; the international community should bring the perpetrators to justice. The profit from oil was more important than upholding human rights in Sudan, and so the big powers tried to cover up the slave trade in that country; the Commission should expose this hypocrisy.
There was a strong belief that hundreds of Christian cult members found burned to death in Uganda were actually murdered by their religious leaders; the international community should find out the truth. Kosovo remained at an impasse; ethnic killings continued, and the responsibility lay with the super powers which had disregarded the authority of the UN. There and in Chechnya and in Palestine, the United Nations had been practically overlooked. Kurds suffered everywhere and the Commission should take the necessary steps to alleviate their suffering.
DENNIS WARNER, of Pax Christi International, said that the ongoing war in the Democratic Republic of the Congo had become an international war. It was estimated that there had been one million persons displaced. In addition, there were 300,000 refugees in the Congo from other central African States, mostly from Rwanda. Some 2.1 million were directly affected by the war. The Security Council had recently approved the strengthening of the existing UN Observer Mission (MONUC)to 5,500 men, but that measure was clearly inadequate. The Organization of African Unity was prepared to mediate, but it demonstrated little initiative in becoming active in the implementation of the Lusaka peace agreement. The overall military conflict in the Democratic Republic of the Congo was worsening and free access to prisoners of war though the International Red Cross was not always possible.
MONA RISHMAWI, of the International Commission of Jurists, said that during the war in Chechnya there had been well-founded allegations of bombings of civilians by Russian forces and of summary executions, enforced disappearances, arbitrary detention, torture, rape, and looting by those forces. There was a need for a thorough international fact-finding effort, and the Commission should either create a new mechanism to do so or use existing mechanisms for this purpose. Impunity continued in relation to violations committed in East Timor; the United Nations should ensure international monitoring, by a body of independent experts, of the legal proceedings initiated by the Indonesian judicial system with regard to crimes committed in East Timor.
Although the 1999 peace agreement signed in Sierra Leone had raised hopes, there continued to be credible reports of further abductions, rapes, and attacks on civilians; the agreement, furthermore, provided for impunity for acts committed during the conflict. The Commission should appoint a Special Rapporteur to report on the situation, including on various steps that could bring an end to impunity for the perpetrators of the international crimes committed in that country.
GRACIELA ROBERT, of Medicins du Monde, was particularly alarmed by the continuing human rights violations in Chechnya. As a medical organization, present there since 1994, it had witnessed the atrocities first hand. Since 1999, they had conducted 40,000 medical consultations and 14,000 consultations for psychological trauma. In one refugee camp there was only three medical personnel for over 20,000 people. Almost all the refugees were suffering from psychological trauma due to the war waged on the civilian population.
The organization estimated that there were around 100,000 dispersed people. Medical practice in the camps was extremely affected by lack of supplies and humanitarian assistance. There were serious violations of human rights in systematic bombings of the civilian population, people disappearing to unknown destinations, mass executions, destruction of public buildings and hospitals. The Russian Federation was urged to end the violations of human rights, allow free access to humanitarian aid agencies and ensure an independent investigation into the situation in Chechnya.
DOLMA CHOOPHEL, of the International Union of Socialist Youth, spoke about the realities of the human rights situation in Chinese-occupied Tibet. For many years, thematic mechanisms of the Commission had regularly documented evidence that the human rights situation in Tibet was getting worse. Yet the Commission had been prevented from adopting a resolution on China. Last year one delegation, while supporting China's 'non-action' motion, had remarked that to single out one country or group of countries for criticism in the absence of persistent egregious violations was not productive. However, since the visit of the Special Rapporteur on religious intolerance to Tibet in 1994, the Chinese authorities had banned the public display of the photograph of His Holiness the Dalai Lama and had jailed the 10-year-old Panchen Lama of Tibet at an undisclosed location.
JOHN QUIGLEY, of Franciscans International, said the organization was concerned about increased violations committed by the armed forces in Mexico against citizens, especially in the states of Chiapas, Guerrero and Oaxaca. Many of the issues addressed by UN mechanisms in recent years were still relevant and needed urgent attention -- Mexico needed to implement UN human-rights recommendations, not merely invite and cooperate with UN human-rights visits. The Commission should monitor and ensure follow-up to the recommendations of various treaty bodies and Special Rapporteurs on the situation in Mexico, and should ensure that the technical-assistance programme now being discussed with the Office of the High Commissioner for Human Rights (OHCHR) would deal seriously with systemic violations of the rights of indigenous peoples.
Despite all the high-profile attention given to Colombia and to Government efforts to cooperate with international human-rights mechanisms, the situation was worse today than it was last year. It was deeply alarming that the United States Government might approve $ 1.6 billion for military and drug-control assistance to Colombia when sufficient funding for the overburdened Office of the High Commissioner for Human Rights in Bogota was lacking. Franciscans International continued to be concerned about economic, social and cultural inequalities in Brazil and worried that the World Bank plan for agrarian reform there was ill-conceived and would not have the intended effects.
MICHEL MANCISIDIOR, of the Federacion de Asociaciones de Defenca y Promocion de los Derechos Humanos, said that in East Timor, 96 per cent of the population had gone to the ballot boxes and voted in favour of independence. But the pro-integration militias had rejected this and had abused human rights. The militias had had the support of the Indonesian armed forces and police which was a clear violation of the right to self-determination of hte East Timorese. The organization estimated that more than 400,000 people were displaced. Confrontation with the pro-integration militia was still common. The Indonesian authorities had set a deadline for the return of displaced people, which should be adhered to.
The organization condemned the violation of human rights of East Timorese, denounced the impunity of those responsible and decried the constant abuses by militias. The support of the international community was called for. Those responsible for the human rights violations should be brought to justice and judged through the establishment of an international court. The victims of the abuses were entitled to compensation. The organization appealed to the Indonesian Government to disarm the West Timor militia.
RAVI NAIR, of the South Asia Human Rights Documentation Centre, said that on 14 October 1999, the actual head of State of Pakistan had declared a state of emergency and had promised to a global television audience that he would govern in the interests of the Pakistani people. Many welcomed the general's actions. The ousted Government had threatened the freedom of the press by limiting the supply of newsprint to some newspapers and by detaining liberal journalists. Although the General promised relief from the excesses of the former regime, his administration had not delivered on his pledges to protect the basic human rights and dignity of the Pakistani people. Many who lived in Pakistan would continue to suffer from violations of the civil and political rights from governmental officials and their fellow citizens.
Rights of Reply
The representative of the Democratic People's Republic of Korea, speaking in right of reply, said the European Union's representative had made prejudiced, unilateral and ill-informed allegations against the Democratic People's Republic of Korea. That was surprising, since the EU was establishing bilateral relations with the country based on mutual respect and non-interference in internal affairs. Hostile forces had fabricated allegations against the country, and the EU had merely repeated them; in doing so the EU indicated that it applied double standards; it should direct its intentions as a matter of priority to the gross human-rights problems in its own region, such as ever-increasing drug abuse, racism and xenophobia.
The representative of Malaysia said, in right of reply, that his country was disappointed by the accusations in the statement by Portugal on behalf of the European Union. These accusations were misinformed and reflected a prejudiced attitude. The Malaysian Government was not administering politically repressive measures. There was no evidence of this. In fact, invitations had been sent to foreign diplomats to attend trials. The Malaysian delegation did not understand the accusations and reminded Portugal of the principle of innocent until proven guilty. The independence of the national commission on human rights could not be questioned as it had not even been established yet.
The representative of China, speaking in right of reply, said yesterday evening and today the representatives of some western countries and non-governmental organizations had levelled accusations against China; China rejected those allegations; the head of the Chinese delegation would elaborate on China's human-rights record under this agenda item soon, but it was worth saying now that in the past year China had given great attention to improving the human-rights situation, and great strides had been made. There had not been a regression, but progress. The Falun Gong movement, it had to be said, had literally taken people's lives in China; it was a criminal organization and it was necessary to prevent it from damaging the normal order of Chinese life. The rights of minorities and of Tibetans were fully respected. Before criticizing others' human-rights records, western countries should look critically at their own human-rights performances. Facts had shown that dialogue on the basis of mutual respect was the only way for different countries to discuss and make progress in human rights.
The representative of Saudi Arabia, speaking in right of reply, referred to the statement made by the European Union and said that in spite of the tremendous progress achieved in dealing with human rights issues in the country in recent years, it was surprising that there had been no change in the manner in which the European Union's statement addressed the question of human rights in the Kingdom of Saudi Arabia. The drafters of the statement should have derived their information from reliable sources instead of reiterating invalid, inaccurate and false allegations. The Government had nothing to hide and was ready to provide the requisite information.
The representative of Pakistan, speaking in right of reply, said his country welcomed the European Union's concern regarding the situation in Jammu and Kashmir, but unfortunately the EU's position continued to be unbalanced and distorted. Kashmiris were struggling legitimately for the right to self-determination as called for by UN resolutions. Their struggle had been peaceful until Indian repression and human-rights violations had intensified and tens of thousands of innocent Kashmiris had been killed, raped, and harmed under unfair collective-punishment schemes. If 700,000 Indian troops could not stop so-called infiltration on the Indian side of the line, Pakistan's small military presence on its side could not be expected to do so. There was no terrorism in Kashmir unless it was terrorism committed by Indian forces. Kashmiris were fighting Indian soldiers; the Indians were fighting the entire Kashmiri population. Who was the terrorist? Those who took one-sided positions would share the responsibility for intensified Indian repression in Kashmir.
The representative of Sudan said, in right to reply, that the Commission had studied the subject of slavery in Sudan last year, and had concluded that that phenomenon did not exist. This had been endorsed by the General Assembly. The Special Rapporteur had been able to speak to people of authority and tribal leaders, to discuss the phenomenon. Again, the conclusion had been that there was no slavery, but there had been cases of kidnapping. Individuals and groups were aiming to distort the image of Sudan for unjustified reason to deprive Sudan of development and to prevent it from using its resources. A number of Government measures had been taken such as the earmarking of 35 per cent of oil revenues for the development of the parts of country where it was discovered.
The representative of Bahrain, speaking in right of reply, said a non-governmental organization had made allegations against Bahrain which were untrue and unsupported by any evidence whatsoever; they were aimed at achieving goals that had nothing to do with human rights. All arrests made in Bahrain were carried out according to the law and were respectful of proper criminal procedure, as were the circumstances of all pre-trial detention. Detentions were not arbitrary but in conformity with the Universal Declaration of Human Rights, and -- although Bahrain was not a State party -- with the International Covenant of Civil and Political Rights. Excessive force was never used. Complaints against police for violations of proper procedure could be brought before Bahrain's highest courts, but to date, as far as the delegation was aware, there had not been any such complaints.
The representative of Iraq, speaking in right of reply, refuted allegations made by some non-governmental organizations on religious discrimination and said that Iraqi society's peaceful coexistence of its different religious groups was well known. The Government had ratified the International Convention on the Elimination of All Forms of Racial Discrimination with the conviction to observe and respect racial coexistence. Some non-governmental organizations were attempting to create religious discord among the people of Iraq.
The representative of Eritrea, speaking in right of reply, said the dispute between Eritrea and Ethiopia was now familiar to the international community, but it was clear who was committed to the conflict and who was committed to peace. Eritrea had cooperated with efforts to bring about a peaceful solution to the conflict, and was ready to sign -- and the emphasis was on 'sign'. Ethiopia was not, it seemed, ready to sign the Organization of African Unity accord. For details on Ethiopia's human-rights violations, everyone should refer to reports by Amnesty International, Human Rights Watch, and the United States State Department report. Eritrea favoured appointment of a Special Rapporteur by this Commission; why didn't Ethiopia? Would this Commission, if it was honestly concerned about human rights in this region, make an honest effort to investigate?
CORRIGENDUM
In press release HR/CN/00/15 of 28 March 2000, the first statement on the sixth page should read as follows:
HANAN SHARFELDDIN; of the Organization for the Elimination of All Forms of Racial Discrimination, said that the leadership of the most popular political party in the occupied territories in Palestine had frequently reiterated the quote 'A land without people for people without a land'. The slogan clearly conveyed the racist inclination which nested in the mentality of this leadership and those whom it led, as they descended from Europe and America to dispute Palestinians inalienable right to their homeland and properties. Assuming Palestine to be a land without people, and placing Jewish tenets above the rule of international law, they had opened the doors and invited Jews all over the world to exercise their so-called 'divine right' to fill Palestine's ancient quarters. There was hardly any arrogant and racist ideology in the world as savage and brutal as such strange and weird mentality. Even as recent as a few weeks ago, Shimon Peres, one of Israel's doves, had the audacity to declare that Israel was the focal point of light in a Middle East environment of backwardness and squalidness. The organization believed that many Jews did not agree with this racist trend. However, it also wished to alert the world community to pay attention and to be aware of the repercussions and the dangers this racist trend posed for world peace. The Commission and the international community should issue a recommendation alerting and even warning radical Israeli leaders that as the international community rejected nazism and all forms of racism in the past, it firmly and strongly rejected this new form of racism nesting in the wishful and delusional thinking of those who plotted for a greater Israel from the Nile to the Euphrates.
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