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17 April 2000
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Commission on Human Rights
56th session
17 April 2000
Afternoon
Continues Debate on the Promotion and Protection of Human Rights,
Hears Calls for Establishing a Mechanism on Human Rights Defenders
The Commission on Human Rights this afternoon adopted a resolution in which it expressed profound concern at and unequivocal condemnation of all forms of racism and racial discrimination, including related acts of racially motivated violence, xenophobia and related intolerance, as well as all propaganda activities and organizations which attempted to justify or promote racism, racial discrimination, xenophobia and related intolerance in any form.
In the resolution which was adopted by consensus, the Commission called upon all States to intensify their efforts, taking appropriate measures to prevent political parties from promoting and inciting racial discrimination in violation of human rights. It noted with concern the increase in the use of new communications technologies, in particular the Internet, to disseminate racist ideas and incite racial hatred. At the same time, it noted that the use of such technologies could also contribute to combatting racism, racial discrimination, xenophobia and related intolerance, for example through the creation of Internet sites to disseminate anti-racist and anti-xenophobic messages.
As it continued its debate on the promotion and protection of human rights, with emphasis on the status of the international covenants on human rights, human rights defenders, information and education, and science and environment, the Commission heard a number of speakers express their support for the Declaration on Human Rights Defenders. There were calls for the better implementation of this Declaration and support for a proposal to appoint a Special Representative or another mechanism on human rights defenders. Country delegations spoke of the importance of good governance and education on human rights to ensure the promotion of human rights and the protection of human rights defenders.
Another issue which was highlighted was the death penalty. Country delegations and non-governmental organizations urged States which had not already done so to abolish capital punishment. Speakers stressed that no study had proved that the death penalty had more of a dissuasive effect on criminality in society than other punitive alternative punishments. A number of countries which uphold the capital penalty defended their positions.
The following Government delegations addressed the meeting this afternoon: Poland, Pakistan, Cuba, Chile, Sri Lanka, China, Norway, India, Kuwait, Albania, Slovakia, San Marino, Iraq, Panama, Switzerland, Belarus, the United States and Nigeria
International Educational Development, the Transnational Radical Party, Aliran Kesedaran Negara: National Consciousness Movement, Pax Christi International, the Netherlands Organization for International Development, Worldview International Organization, the Association for the Prevention of Torture, the Canadian Human Rights Foundation, the World Alliance of Reformed Churches, and the Latin American Human Rights Association are non-governmental organizations which also spoke at the meeting.
The following delegations spoke in right of reply: Saudi Arabia, Viet Nam, Oman, and Switzerland.
The Commission is scheduled to hold an extended meeting from 6 p.m. to 9 p.m. to continue its debate on the promotion and protection of human rights.
Action taken on draft resolution
In a resolution on racism, racial discrimination, xenophobia and related intolerance (E/CN.4/2000/L.13/Rev.1), adopted by consensus, the Commission expressed profound concern at and unequivocal condemnation of all forms of racism and racial discrimination, including related acts of racially motivated violence, xenophobia and related intolerance, as well as all propaganda activities and organizations which attempted to justify or promote racism, racial discrimination, xenophobia and related intolerance in any form. It declared that racism and racial discrimination were among the most serious violations of human rights in the contemporary world and should be combatted by all available means; and called upon States to firmly bring to justice the perpetrators who committed crimes motivated by racism, and for those who had not done so, to consider including racist motivated acts as an aggravating factor for the purposes of sentencing. It called upon all States to intensify their effort, taking appropriate measures to prevent political parties from promoting and inciting racial discrimination in violation of human rights.
It condemned all forms of racial discrimination and xenophobia as regards access to employment, vocational training, housing, schooling, health services and social services, as well as for intended use by the public; categorically condemned any role played by some print, audio-visual or electronic media in inciting acts of violence motivated by racial hatred; and called upon all States to declare illegal and prohibit organizations which promoted and incited racism and racial discrimination.
On the implementation of the Programme of Action for the Third Decade to Combat Racism and Racial Discrimination and coordination of activities, the Commission regretted the continued lack of interest, support and financial resources for the Third Decade and the Programme of Action, and that very few of the activities planned for the period 1994-1998 were carried out; and strongly appealed to all Governments, intergovernmental and non-governmental organizations and individuals to increase their contributions to the Trust Fund for the Programme.
About the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance and follow-up to his visits, the Commission expressed its full support and appreciation for his work and for its continuation, and urged all Governments to cooperate fully with him. It noted with concern the increase in the use of new communications technologies, in particular the Internet, to disseminate racist ideas and incite racial hatred; noted that the use of such technologies could also contribute to combatting racism, racial discrimination, xenophobia and related intolerance, for example through the creation of Internet sites to disseminate anti-racist and anti-xenophobic messages.
Concerning the International Convention on the Elimination of All Forms of Racial Discrimination, the Commission appealed to those States that had not yet done so to consider ratifying or acceding to the treaty and to the Convention against Discrimination in Education, and called on States parties to the International Convention to adopt immediately positive measures aimed at the elimination of all forms of racial discrimination, xenophobia and related intolerance.
And on the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, the Commission welcomed the offer by South Africa to host the 2001 World Conference and requested the High Commissioner, in her capacity as Secretary-General of the World Conference, to continue and intensify the activities already initiated within the framework of the world information campaign with a view to mobilize and support for the objectives of the World Conference by all sectors of political, economic, social and cultural life, as well as other interested sectors.
ROBERT GRIBBEN (the United States) said the delegation was pleased to see the consensus surrounding the resolution presented by Nigeria. The United States welcomed the resolution and considered it an important step in the fostering of a climate of tolerance. The United States was working against racism and discrimination and opposed racial discrimination in all its forms. However, the United States highlighted the importance of a robust protection of the freedom of speech. The unfettered freedom of expression was basic to all democracies.
Statements
KRZYSZTOF JAKUBOWSKI (Poland) said there was a close link between human rights and good governance. Good governance meant more than political democracy and the rule of law. Good governance was of paramount importance to facilitating both development and respect of human rights as it concerned a number of crucial fields of social and economic development as well as the domain of civil and political life: economic management, the administration of justice, the delivery of government services, legislative activity and participation in government by civil society. Poland was therefore submitting for the consideration of the Commission a draft resolution on human rights and good governance.
Poland also wished to pay tribute to those who, standing for the rights of others, far too often paid a high price, even the highest one, by themselves becoming victims of human rights violations. Poland expressed its strong support for the Declaration on Human Rights Defenders and to the proposal to appoint a Special Representative on human rights defenders.
ATTIYA MAHMOOD (Pakistan) said despite the adoption of the declaration two years ago, human rights defenders continued to face repression and harassment. Recognizing the significant role of civil society, the new Government in Pakistan had included the representatives of human rights defenders as Cabinet Ministers. There were several examples of activists who were now involved in policy formulation at the national level. The participation of such individuals in governance would not only ensure accountability and transparency but would instill a clear human rights perspective. In view of the increasing burden on State structures, the civil society in Pakistan was playing a significant role in the development, promotion and protection of human rights. Human rights activists were invited to visit jails and to monitor conditions of detention.
A reference had been made last week to the de-registration of some NGOs by the previous Government in Punjab. While the present Government assured the Commission that no injustice would be done towards members of the civil society in Pakistan, it would be useful to place on record the fact that some of the NGOs de-registered last year were inoperative or were project NGOs. There were 14,000 registered NGOs in Pakistan.
MIGUEL ALFONSO MARTINEZ (Cuba) speaking on the Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (human rights defenders), said that it had been adopted by the Commission after 14 years of efforts. That new instrument, which had been incorporated together with other United Nations norms and standards, could help the protection of human rights defenders. Cuba believed that cooperation -- and not coercion -- was a unique means for the international community to resolve international problems with humanitarian character. Such positive character had been manifested in the Working Group which was assigned to draft the declaration on behalf of the Commission.
Cuba was of the view that in all other sessions, consensus should be the order of the day in dealing with many issues. However, the delegation of Cuba was dismayed that the implementation of the declaration was not fostering consensus. Harmony and consensus should be preserved instead of confrontation in the implementation of the Declaration.
PEDRO OYARCE (Chile) said human rights defenders played a key role in promoting and protecting human rights. Human rights defenders played a crucial role of early warning and denunciation of critical situations. They also helped create and perfect international human rights law. Human rights defenders put their lives at stake by fighting for human dignity. In Chile, human rights defenders had made a valuable contribution in the re-establishment of democracy. In the field of international law, human rights defenders had made an important contribution in the area of, i.a., the fight against racism, intolerance, torture, and the recognition of the rights of women and children. Their role was not limited only to denouncing violations, but also to redressing situations where human rights were not observed, and to promoting social awareness of the issues. Human rights defenders promoted a universal culture of human rights.
Chile had co-sponsored a draft resolution providing for the creation of a mechanism to implement the principles contained in the Declaration on Human Rights Defenders. Chile supported the establishment of a special mechanism because current thematic and country mechanisms did not always cover the activities carried out by human rights defenders.
HEWA PALIHAKKARA (Sri Lanka) said that last year the human rights community lost one of with main activists in the murder of Neelan Thiruchelvam. He was an ardent believer in the validity and utility of democracy. The Subcommission on the Promotion and Protection of Human Rights at its meeting last August had deplored this act of terror by a suicide bomber, and asked all concerned to bring the perpetrators to justice. It was therefore regrettable that some groups, whose representatives stalked the corridors, had sought to justify his murder. All criminal acts of human rights activists were stark reminders that vested interests, whether State or non-State, could not be abused for political purposes. These acts of terror also showed that human rights defenders and those who sought democratic alternatives to violent dissention were constantly at risk.
The best way to expose those responsible for these acts of terror and violence would be an impartial and neutral mechanism to ensure not only the rights, but the safety of human rights defenders. All democratic governments had an obligation to protect theirs rights and to listen to what they had to say. A mechanism to this end was the next logical institution after the consensus achieved last year on the Declaration on Human Right Defenders. With regard to the terror groups carrying publicity material justifying the murder of human rights defenders, a clarity of action was needed to facilitate work of genuine NGOs. It was suggested that such mischief makers prove their accusation under the judicial scrutiny of the Human Rights Committee, so that perpetrators were clearly identified in an objective manner.
LIU JING (China) said the Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (human rights defenders) represented an important achievement of the international community in the field of human rights. For over a year since its adoption, the Declaration had received considerable attention from the international community. China had actively participated in the 12-year long drafting process of the Declaration and had played an important role therein. China then joined the consensus for the adoption of the Declaration. That fully demonstrated the Chinese Government's support for the individuals, groups and organs of society who played a positive and constructive role in the promotion and protection of human rights.
To China's regret, some Western countries, the United States in particular, practised double standards on the issue of human rights. What was outstanding at this year's session of the Commission was their attitude towards Falun Gong. The United States Government had once stated that it did not support Falun Gong. But from how the US had been actually acting recently demonstrated that it supported cults. Out of ulterior political motives, it tried its best to support cults which rampantly violated human rights, in disregard of the human rights of mass Chinese people and the victims of Falun Gong. The Chinese Government attached great importance to the positive role played by international human rights treaties. China had ratified or acceded to 17 international human rights treaties.
PETTER WILLE (Norway), speaking on behalf of the Nordic countries of Denmark, Finland, Iceland and Sweden, said that many of the most serious violations of human rights took place in situations of internal conflict and strife characterized by disruption of internal order, tensions and acts of violence. Indeed, these situations were probably the most difficult contexts for the protection of human rights and international humanitarian law.
One important step to increase protection should be to find ways to ensure that all States review their national legislation for dealing with conflict situations, public emergency and internal strife with a view to ensuring that it met the requirement of the rule of law and relevant human rights and international humanitarian law instruments. The adoption of the statute of the International Criminal Court was a major development for fundamental standards of humanity. The statute applied to crimes within the jurisdiction of the Court when committed in the context of internal armed conflict.
SHARAD KUMAR (India) said the cardinal role of human rights education was recognized by the Universal Declaration of Human Rights in article 26. The Vienna Declaration and Programme of Action also described human rights education, training and public information as being essential for the promotion and achievement of stable and harmonious relations among communities and for fostering mutual understanding. It further more called on all States and institutions to include human rights, humanitarian law, democracy and rule of law as subjects in the curricula of all learning institutions. A solid edifice of human rights education could be built on the sound foundation of the spread of education itself. Without making the right to education a reality, fundamental rights would remain beyond the reach of a large segment of the population.
The Indian delegation suggested that the following aspects were kept in mind in the development of a human rights education agenda: participation of a large cross section of national life, the spread of awareness amongst people, imparting capacities and confidence to the poor, countering the prejudices and attitudes violating the dignity of others, sensitizing public authorities and maintaining the dynamic nature of human rights education. The Indian Government had set up a Coordination Committee which had embarked on the following activities: providing free and compulsory education until the age of 14, the inclusion of human rights at the under-graduate and post-graduate level, imparting human rights education to professional groups and the introduction of short-term sensitization and training courses on human rights.
NAWAF NAMAN (Kuwait) said that it was refreshing to see, at the onset of the Third Millennium, a progressive number of societies embarking on the construction of a culture of peace and human rights in the minds of their citizens through education and awareness campaigns carried out by government and private institutions. From its early stages, Kuwait had extended special care to the respect of human rights. Among other things, it had encouraged the media and public and private organizations to educate citizens about their rights and duties in addition to setting up social centres serving this purpose.
In October 1992, the Kuwaiti Parliament had established a permanent commission for the protection on human rights. NGOs also played an important role in educating the public on human rights and specific questions such as the situation of women during armed conflicts, the situation of refugees around the world and rights of families of prisoners for dignified life. Regrettably, there were regimes which recognized the strength of the media in influencing other people and consequently used it to deceive public opinion and pervert the truth.
KSENOFON KRISAFI (Albania) said the level of legal protection of human rights determined the level of development and emancipation of a society, and Albania had therefore made this one of the major objectives of its policies. The Communist regime had abused human rights for 40 years, and many changes had since been undertaken such as the adaptation of the 1998 Constitution. The Constitution was based on the basic rights and freedoms of man. The criminal code, civil and labour codes and electoral procedures had also been adapted to give more rights to the population. Albania had acceded to almost all human rights instruments. Work had been undertaken on raising awareness of the civil society through education, so that everyone was aware of the large range of rights and freedoms they should enjoy. In the parliament there was a standing commission on fundamental rights and freedoms and NGOs were actively working and contributing to the promotion of human rights. Last year the Constitutional Court had commenced on work on the abolition of the death penalty. A year ago a position had been created in the Council of Ministers on the rights and fundamental freedoms of man. The results obtained in Albania were considerable, however there were cases of individuals with authority committing violations of human rights. The Government was taking steps to end these violations and to make sure that all nationals enjoyed all human rights and fundamental freedoms.
KALMAN PETOCZ (Slovakia) said that the protection and promotion of human rights were priorities for the international community. In this regard, the World Conference on Human Rights had sent a clear message calling for the promotion of respect for human rights worldwide through a joint effort by States and international organizations, both governmental and non-governmental. Slovakia also expressed support for the activities aimed at improving the efficacy of human rights mechanisms, including the strengthening of the monitoring bodies of the treaty bodies.
At a national level, preparatory work had been undertaken aimed at the adoption of the protocol to the Convention on the Elimination of All Forms of Discrimination Against Women. In 1999, Slovakia had also acceded to the second Optional Protocol to the International Covenant on Civil and Political Rights aimed at abolishing the death penalty. The international community had to draw lessons from past abuses of human rights and ensure the application of human rights instruments.
FEDERICA BIGI (San Marino) said that since the country had abolished capital punishment, it had never felt the need to discuss the re-establishment thereof. The penal code in San Marino was based on a more educational approach as opposed to capital punishment. It was therefore no surprise that San Marino was taking the floor to support those delegations suggesting the universal abolition of the death penalty. All States had the right to prosecute those who violated the law and the duty to fight criminality. However, this was not to lead to a vengeful justice based on the principle of 'an eye for eye'. In inflicting death, the State was not keeping with justice. The death penalty violated the most basic human rights, the right to life. Furthermore, experience showed that those States practising capital punishment had not experienced a decrease in criminality nor an increase in safety. Another problem was the infallibility of all human systems which made for the possibility of judicial errors. Convictions could thus need modification which was made impossible in the irreversible nature of capital punishment. The delegation of San Marino expressed full support for the abolition of capital punishment and recommended the gradual implementation of legal reforms in those States concerned.
SAAD HUSSAIN (Iraq) said that depleted uranium was a new scientific discovery of the United States which had been used against Iraq during the Gulf War. The depleted uranium used against his country had gravely compromised the health of thousands of Iraqis with grave consequences on the population. The depleted uranium scattered by the United States, the United Kingdom and their allies during the war of aggression against Iraq had shown its mortal effects not only on Iraqi people but also on 8,000 British and Australian soldiers, who had also been victims of the uranium. Although the manifestation of the effect of the depleted uranium was slow, many Iraqis actually suffered from cancer and other related complications. As a result of the pollution of the air and soil, the number of people still being attacked by the uranium were many. The soil had been infected by the depleted uranium and this directly affected agricultural products.
ANEL BELIZ (Panama), speaking on behalf of Central American States, highlighted the need to promote a culture of peace and healthy environment. The promotion of a culture of peace was accorded special attention by the countries of the sub region. Human rights played an important role in the promotion of a culture of peace. In this regard, the General Assembly declaration and programme of action on a culture of peace played an important role in promoting human rights and a culture of peace, as did the International Year for Peace Culture, the task of which was to create a new paradigm for peace and international security based on the principles enshrined in the UN Charter, and to change the mindset and attitudes of groups and individuals.
States should increase efforts to protect human rights through the implementation of preventive policies and by promoting tolerance and pluralism. A healthy environment was linked to human rights. The central American alliance for sustainable development put the individual at the centre of development, focusing on five fundamental pillars: political, economic, social, cultural and environmental, in line with the doctrine of human rights. It was important to devise development models which were in keeping with nature. Structural adjustment policies had been carried out to the detriment of natural resources. The best way of ensuring respect for the environment was through educational programmes.
VALENTIN ZELLWEGER (Switzerland) reaffirmed his country’s commitment to the abolition of capital punishment. The necessary measures had been taken so that the death penalty could not be re-introduced in Switzerland. More than half the countries in the world had abolished the death penalty, some for all crimes, some for a selection of crimes. The steps taken had not been entirely successful as a number of countries, the United States, Iran, Nigeria, Saudi Arabia and Pakistan still practised the death penalty on persons under 18 years of age. This practice was in clear violation of article 6 of the International Covenant on Civil and Political Rights. The State was depriving the person of freedom and then their life. Switzerland deplored that a certain number of countries still carried out mass executions in public such as China, Viet Nam, Saudi Arabia and Afghanistan. No study had proved that the death penalty had more of a dissuasive effect on criminality in society than other punitive alternatives. Many countries practising the death penalty referred to public opinion as the reason why it was maintained. In fact there was a need for the State to inform the public about the reality of the death sentence. It was impossible to promote human rights whilst supporting the capital punishment which was cruel, repugnant and de-humanizing.
SERGEI ANOCHKO (Belarus) said that it was his country's conviction that Belarus was part of the European house and generally accepted norms had been put in place regulating the basic rights and fundamental freedoms of its citizens. The penal code and its procedure had been revised; the protection for children and other vulnerable groups had been strengthened; and other legislative measures had been implemented to advance and reinforce the democratic institutions and to enhance the democratization of the society. Belarus had also undertaken a series of laws in line with its international obligations and commitments. In addition, Belarus had been cooperating with the European organs designed to promote and protect citizens, and it would continue to coordinate its efforts with intergovernmental and non-governmental organizations. It would also cooperate with all those who were working towards human rights causes.
MICHAEL BAUMGARTNER, of International Educational Development, said the Governments of India and South Africa were congratulated on their efforts to address critical issues relating to AIDS; South African President Thabo Mbeki understood the importance of involving critics in a fruitful scientific debate; but unfortunately the HIV establishment had responded with outrage and with a campaign against the South African Government. In fact, just about everything in propagated beliefs about AIDS must be scrutinized. "HIV" had not been isolated as a virus and there was still no scientific proof for the HIV-AIDS hypothesis. It was wrong to "slam" people who had the courage to demand answers. President Mbeki's reassessment of AIDS unfortunately did not go far enough in terms of agenda, participation/structure, and time frame. Many more inquiries would be needed to shed light on this medical tragedy.
"Science and environment" should have its own separate, annually considered agenda item under the Commission. On another matter, the Mexican Government's rules for FM3 visas for human-rights defenders were an unfair obstacle to human-rights observations in Mexico.
WEI JING SHENG, of the Transnational Radical Party, said that in China, besides the so-called non-governmental organizations of the Chinese Government, most of the human rights work was done by people in the opposite groups. Most human rights activities were disturbed and even suppressed by the Chinese Government. Many had been killed in the 1989 massacre, many were wounded and handicapped, unable to find work because of health reasons and because of their quasi-political prisoners position to the Chinese Government. These human rights activists needed help from inside and outside China. The attitude of the Chinese Government had caused not only a deterioration of the human rights conditions in China, but had jeopardized the human rights workers in China. The UN should promote the Declaration on Human Rights Defenders and request the Chinese Government to carry out its promises to protect minimum individual political rights.
DEBORAH STOTHARD, of the Aliran Kesedaran Negara: National Consciousness Movement, said that all participants should act urgently on the arbitrary detentions made last week in Malaysia. The crackdown was to prevent the commemoration of 'Black 14' when former Deputy Prime Minister Anwar Ibrahim was sentenced to six years of jail. The gathering intended to present a peoples' petition for the defense of the constitutional integrity of this democratic nation. The Universal Declaration of Human Rights and the Malaysian Constitution allowed for the right to assemble peacefully, yet in the past year, more than 1,000 people had been charged with illegal assembly, with more arrests expected from this current crackdown. Those convicted were at risk of losing their jobs as further punishment. The Commission should disqualify Malaysia from membership of the Commission in light of the Malaysian Government's widespread, severe and often brutal crackdown on civil, political, economic, social and cultural rights. Attacks of various types on human rights defenders seemed to be a disturbing trend amongst Member States of ASEAN having rested the incorporation of international human rights standards into its terms of reference.
DENNIS B. WARNER, of Pax Christi International, said perhaps the most disgraceful aspect of the past millennium was the realization that God was often used as a reason for inflicting suffering on others. There had been the Crusades; the Spanish Inquisition; the Thirty Years War; the forced conversions of "pagans" during the colonial era; the Jewish pogroms in Russia; the Holocaust; and Hindu-Moslem bloodshed during the partition of India. Nations most committed to religious principles continued to be among those most intolerant of deviations from it.
Serious efforts at conflict prevention should be encouraged; more effective conflict management should be pursued, including greater efforts to contain and de-escalate conflicts. Reconstruction and reconciliation should be promoted after conflicts ended. Through individual example and the cooperation of relevant institutions, the year 2000 could truly be made the International Year for the Culture of Peace.
NUR AMALIA, of the Netherlands Organization for International Development Cooperation, said that the change of Government and the turn of the political events in Indonesia had brought about a number of significant changes in the country. Indonesian people had high expectations to the upholding and protection of human rights. In reality, these hopes had not been fulfilled, almost no step had been taken to attempt the resolution of the series of human rights violations that were committed in the past. New human rights violations and violence by the State still took place. In this sad situation, human rights defenders were in a weak position, experiencing all kinds of terror, threats and intimidation. This kind of terror had caused a structural fear in the society, impeding wider public participation in efforts to protect, promote and uphold human rights in Indonesia. The Commission should urge the Indonesian Government to support the Human Rights Defenders, so that it could be transformed into a legal instrument and mechanism contributing to the protection of human rights.
SOE ALING, of the Worldview International Foundation, gave an account of the situation of individuals in Burma whose human rights were being violated by the authorities. In situations where human rights abuse was widespread, human rights defenders were more vulnerable to harassment, threats and arbitrary detention. Just seven months ago, four human rights defenders were given lengthy jail terms simply for wearing the colour yellow. Yellow was the colour adopted by the democracy movement. He urged support for the appointment of a Special Rapporteur for human rights defenders; strong and consistent encouragement from all UN members, including the Burmese military regime, to understand and commit to the spirit and content of the Declaration on the Rights of Human Rights Defenders; and the Commission to inform governments and civil society of the significance and content of the Declaration.
CLAUDINE HAENNI, of the Association for the Prevention of Torture, speaking on behalf of a number of other NGOs making up the Coalition of International NGOs against Torture (CINAT), said CINAT continued to conduct a joint campaign for the ratification of the Convention against Torture and called on the following countries to ratify it over the next year: India, Nigeria, Haiti, Congo (Brazzaville), and Syria, as well as Ireland, which had been urged to do so for several years. Japan, Mozambique, Qatar, and Turkmenistan were congratulated for acceding to the Convention. The Commission was called upon not only to urge ratification of the Convention but to urge recognition by States of the competence of the Committee against Torture to carry out its procedures on individual communications and confidential inquiries. The Commission also should urge the withdrawal of reservations to the Convention and the speedy conclusion of negotiations on the draft optional protocol to the Convention.
The Association for the Prevention of Torture joined the International Service for Human Rights in calling for the appointment of a Special Rapporteur on human-rights defenders.
P. I. AYEWOH (Nigeria) said his country attached great importance to this agenda item and as far as Nigeria was concerned, most of the provisions contained in the International Covenant on Civil and Political Rights and the International Covenant of Economic, Social and Cultural Rights had already been incorporated in the Constitution. The State was the prime promoter, protector and defender of human rights. With the recent return to democracy a conducive environment had been created for the promotion of human rights. The Government had introduced far-reaching measures to protect the rights of the population such as creation of a high-powered human rights panel, the abolishment of State Security Detention of Persons Decree No.2 of 1984, the release of political prisoners and detainees, the restructuring of the police and the law enforcement agencies, the prohibition of the use of torture as a method of interrogation and the empowerment of the judiciary. The abolition of the death penalty was a criminal justice matter derived from a country's social and economic environment, including the criminal activity to which the system was meant to respond. In Nigeria, the death penalty was imposed for the most serious crimes.
The Government had embarked on raising the consciousness of the citizenry as regards the promotion and protection of fundamental human rights. Nigeria had also been working on environmental issues and supported the draft resolution against the dumping of radio active and toxic waste and appreciated the growing level of international cooperation for the protection of the environment.
ALENA PEROUT, of the Canadian Human Rights Foundation, stressed that the practice of human rights education was based on mutual respect and reciprocal learning, It was about communicating across different value systems. The Foundation encouraged Member States to undertake activities and commit appropriate resources to programmes which contributed to the development and implementation of National Plans of Action for Human Rights Education; integrate human rights education in the curricula of the formal education system at the primary, secondary, and tertiary levels as well as in non-formal education; and increase the capacity of civil society to promote human rights though training and raising public awareness, among other things. Such projects would help to build a culture of human rights, prevent future human rights abuses and build peace between nations.
MELODEE SMITH, of the World Alliance of Reformed Churches, said that in the United States, human beings were literally dying to get off death row. The Commission must hear the cries of those who were suffering because the worldwide community had not abolished the death penalty or even established a moratorium. In the United States even the mentally ill were not immune to application of capital punishment; it was believed that nearly 40 per cent of death-row inmates there were mentally ill; many were incompetent to stand trial and were nonetheless slaughtered at the hands of Government officials.
The Commission should support a moratorium on the death penalty and join international organizations to establish a worldwide moratorium. The Alliance, with its 217 reformed church affiliates worldwide, believed that the justice of God demanded that the inherent worth of every human life should be accorded dignity and that the extermination of human beings should end.
RIGOBERTO JUAREZ MATEO, of the Latin American Human Rights Association, said that one had to question the steps taken by the international community to protect human rights, particularly the rights of indigenous minorities. It had become clear that those most vulnerable to human rights abuses were the indigenous peoples. The degree to which this happened was often ignored. It was enough to look at Colombia where not even the most genuine demands of the people were considered important, Mexico where the militarization was extending to other states, Ecuador where the indigenous people who brought down the Government had not had their voices heard and Bolivia where the indigenous' land was being invaded. There were many other issues affecting the indigenous. The Commission should see to it that the declaration on the rights of indigenous peoples was adopted shortly without further delay and to encourage political will.
Rights of Reply
The representative of Saudi Arabia, speaking in right of reply in reference to a statement made by the Swiss delegation, rejected the allegation which concerned executions in his country. The allegation raised by the delegation of Switzerland was wrong and the delegation should produce documents justifying its accusations.
The representative of Viet Nam, speaking in right of reply, said the Swiss representative had made an irresponsible statement this afternoon in reference to the death penalty, claiming Viet Nam was among several countries that misused the death penalty. By what method had Switzerland reached that conclusion? Was it simply parroting the misguided opinions of a certain irresponsible NGO? Vietnam strongly rejected the statement by the Swiss representative.
The representative of Oman, speaking in right of reply, said that the claims of Amnesty International that Oman had extended capital punishment for non-lethal crimes did not capture the reality of the matter. Many generations would suffer and young people were suffering from the problem of drug trafficking. In the view of the Government of Oman, it was saving the young people, their families and the health of the society from drugs. In this case the death penalty was warranted.
The representative of Switzerland, speaking in right of reply, referred to a complaint by Saudi Arabia that Switzerland had cited his country among the States which still retained the death penalty for minors. The Swiss representative referred the Saudi Delegate to a report by the Secretary- General on Crime Prevention which noted that Saudi Arabia was among a number of countries which had ratified without reservations the Convention on the Right of the Child, yet had not repealed legislation which retained the death penalty for minors.
The representative of Saudi Arabia, speaking in second right of reply, said the Swiss delegation kept repeating its allegations; the information received by Switzerland seemed false. The Swiss delegation should provide evidence for what it had said or it should apologize; in fact, Saudi Arabia demanded an apology if verifiable information from Switzerland was not forthcoming.
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56th session
17 April 2000
Afternoon
Continues Debate on the Promotion and Protection of Human Rights,
Hears Calls for Establishing a Mechanism on Human Rights Defenders
The Commission on Human Rights this afternoon adopted a resolution in which it expressed profound concern at and unequivocal condemnation of all forms of racism and racial discrimination, including related acts of racially motivated violence, xenophobia and related intolerance, as well as all propaganda activities and organizations which attempted to justify or promote racism, racial discrimination, xenophobia and related intolerance in any form.
In the resolution which was adopted by consensus, the Commission called upon all States to intensify their efforts, taking appropriate measures to prevent political parties from promoting and inciting racial discrimination in violation of human rights. It noted with concern the increase in the use of new communications technologies, in particular the Internet, to disseminate racist ideas and incite racial hatred. At the same time, it noted that the use of such technologies could also contribute to combatting racism, racial discrimination, xenophobia and related intolerance, for example through the creation of Internet sites to disseminate anti-racist and anti-xenophobic messages.
As it continued its debate on the promotion and protection of human rights, with emphasis on the status of the international covenants on human rights, human rights defenders, information and education, and science and environment, the Commission heard a number of speakers express their support for the Declaration on Human Rights Defenders. There were calls for the better implementation of this Declaration and support for a proposal to appoint a Special Representative or another mechanism on human rights defenders. Country delegations spoke of the importance of good governance and education on human rights to ensure the promotion of human rights and the protection of human rights defenders.
Another issue which was highlighted was the death penalty. Country delegations and non-governmental organizations urged States which had not already done so to abolish capital punishment. Speakers stressed that no study had proved that the death penalty had more of a dissuasive effect on criminality in society than other punitive alternative punishments. A number of countries which uphold the capital penalty defended their positions.
The following Government delegations addressed the meeting this afternoon: Poland, Pakistan, Cuba, Chile, Sri Lanka, China, Norway, India, Kuwait, Albania, Slovakia, San Marino, Iraq, Panama, Switzerland, Belarus, the United States and Nigeria
International Educational Development, the Transnational Radical Party, Aliran Kesedaran Negara: National Consciousness Movement, Pax Christi International, the Netherlands Organization for International Development, Worldview International Organization, the Association for the Prevention of Torture, the Canadian Human Rights Foundation, the World Alliance of Reformed Churches, and the Latin American Human Rights Association are non-governmental organizations which also spoke at the meeting.
The following delegations spoke in right of reply: Saudi Arabia, Viet Nam, Oman, and Switzerland.
The Commission is scheduled to hold an extended meeting from 6 p.m. to 9 p.m. to continue its debate on the promotion and protection of human rights.
Action taken on draft resolution
In a resolution on racism, racial discrimination, xenophobia and related intolerance (E/CN.4/2000/L.13/Rev.1), adopted by consensus, the Commission expressed profound concern at and unequivocal condemnation of all forms of racism and racial discrimination, including related acts of racially motivated violence, xenophobia and related intolerance, as well as all propaganda activities and organizations which attempted to justify or promote racism, racial discrimination, xenophobia and related intolerance in any form. It declared that racism and racial discrimination were among the most serious violations of human rights in the contemporary world and should be combatted by all available means; and called upon States to firmly bring to justice the perpetrators who committed crimes motivated by racism, and for those who had not done so, to consider including racist motivated acts as an aggravating factor for the purposes of sentencing. It called upon all States to intensify their effort, taking appropriate measures to prevent political parties from promoting and inciting racial discrimination in violation of human rights.
It condemned all forms of racial discrimination and xenophobia as regards access to employment, vocational training, housing, schooling, health services and social services, as well as for intended use by the public; categorically condemned any role played by some print, audio-visual or electronic media in inciting acts of violence motivated by racial hatred; and called upon all States to declare illegal and prohibit organizations which promoted and incited racism and racial discrimination.
On the implementation of the Programme of Action for the Third Decade to Combat Racism and Racial Discrimination and coordination of activities, the Commission regretted the continued lack of interest, support and financial resources for the Third Decade and the Programme of Action, and that very few of the activities planned for the period 1994-1998 were carried out; and strongly appealed to all Governments, intergovernmental and non-governmental organizations and individuals to increase their contributions to the Trust Fund for the Programme.
About the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance and follow-up to his visits, the Commission expressed its full support and appreciation for his work and for its continuation, and urged all Governments to cooperate fully with him. It noted with concern the increase in the use of new communications technologies, in particular the Internet, to disseminate racist ideas and incite racial hatred; noted that the use of such technologies could also contribute to combatting racism, racial discrimination, xenophobia and related intolerance, for example through the creation of Internet sites to disseminate anti-racist and anti-xenophobic messages.
Concerning the International Convention on the Elimination of All Forms of Racial Discrimination, the Commission appealed to those States that had not yet done so to consider ratifying or acceding to the treaty and to the Convention against Discrimination in Education, and called on States parties to the International Convention to adopt immediately positive measures aimed at the elimination of all forms of racial discrimination, xenophobia and related intolerance.
And on the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, the Commission welcomed the offer by South Africa to host the 2001 World Conference and requested the High Commissioner, in her capacity as Secretary-General of the World Conference, to continue and intensify the activities already initiated within the framework of the world information campaign with a view to mobilize and support for the objectives of the World Conference by all sectors of political, economic, social and cultural life, as well as other interested sectors.
ROBERT GRIBBEN (the United States) said the delegation was pleased to see the consensus surrounding the resolution presented by Nigeria. The United States welcomed the resolution and considered it an important step in the fostering of a climate of tolerance. The United States was working against racism and discrimination and opposed racial discrimination in all its forms. However, the United States highlighted the importance of a robust protection of the freedom of speech. The unfettered freedom of expression was basic to all democracies.
Statements
KRZYSZTOF JAKUBOWSKI (Poland) said there was a close link between human rights and good governance. Good governance meant more than political democracy and the rule of law. Good governance was of paramount importance to facilitating both development and respect of human rights as it concerned a number of crucial fields of social and economic development as well as the domain of civil and political life: economic management, the administration of justice, the delivery of government services, legislative activity and participation in government by civil society. Poland was therefore submitting for the consideration of the Commission a draft resolution on human rights and good governance.
Poland also wished to pay tribute to those who, standing for the rights of others, far too often paid a high price, even the highest one, by themselves becoming victims of human rights violations. Poland expressed its strong support for the Declaration on Human Rights Defenders and to the proposal to appoint a Special Representative on human rights defenders.
ATTIYA MAHMOOD (Pakistan) said despite the adoption of the declaration two years ago, human rights defenders continued to face repression and harassment. Recognizing the significant role of civil society, the new Government in Pakistan had included the representatives of human rights defenders as Cabinet Ministers. There were several examples of activists who were now involved in policy formulation at the national level. The participation of such individuals in governance would not only ensure accountability and transparency but would instill a clear human rights perspective. In view of the increasing burden on State structures, the civil society in Pakistan was playing a significant role in the development, promotion and protection of human rights. Human rights activists were invited to visit jails and to monitor conditions of detention.
A reference had been made last week to the de-registration of some NGOs by the previous Government in Punjab. While the present Government assured the Commission that no injustice would be done towards members of the civil society in Pakistan, it would be useful to place on record the fact that some of the NGOs de-registered last year were inoperative or were project NGOs. There were 14,000 registered NGOs in Pakistan.
MIGUEL ALFONSO MARTINEZ (Cuba) speaking on the Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (human rights defenders), said that it had been adopted by the Commission after 14 years of efforts. That new instrument, which had been incorporated together with other United Nations norms and standards, could help the protection of human rights defenders. Cuba believed that cooperation -- and not coercion -- was a unique means for the international community to resolve international problems with humanitarian character. Such positive character had been manifested in the Working Group which was assigned to draft the declaration on behalf of the Commission.
Cuba was of the view that in all other sessions, consensus should be the order of the day in dealing with many issues. However, the delegation of Cuba was dismayed that the implementation of the declaration was not fostering consensus. Harmony and consensus should be preserved instead of confrontation in the implementation of the Declaration.
PEDRO OYARCE (Chile) said human rights defenders played a key role in promoting and protecting human rights. Human rights defenders played a crucial role of early warning and denunciation of critical situations. They also helped create and perfect international human rights law. Human rights defenders put their lives at stake by fighting for human dignity. In Chile, human rights defenders had made a valuable contribution in the re-establishment of democracy. In the field of international law, human rights defenders had made an important contribution in the area of, i.a., the fight against racism, intolerance, torture, and the recognition of the rights of women and children. Their role was not limited only to denouncing violations, but also to redressing situations where human rights were not observed, and to promoting social awareness of the issues. Human rights defenders promoted a universal culture of human rights.
Chile had co-sponsored a draft resolution providing for the creation of a mechanism to implement the principles contained in the Declaration on Human Rights Defenders. Chile supported the establishment of a special mechanism because current thematic and country mechanisms did not always cover the activities carried out by human rights defenders.
HEWA PALIHAKKARA (Sri Lanka) said that last year the human rights community lost one of with main activists in the murder of Neelan Thiruchelvam. He was an ardent believer in the validity and utility of democracy. The Subcommission on the Promotion and Protection of Human Rights at its meeting last August had deplored this act of terror by a suicide bomber, and asked all concerned to bring the perpetrators to justice. It was therefore regrettable that some groups, whose representatives stalked the corridors, had sought to justify his murder. All criminal acts of human rights activists were stark reminders that vested interests, whether State or non-State, could not be abused for political purposes. These acts of terror also showed that human rights defenders and those who sought democratic alternatives to violent dissention were constantly at risk.
The best way to expose those responsible for these acts of terror and violence would be an impartial and neutral mechanism to ensure not only the rights, but the safety of human rights defenders. All democratic governments had an obligation to protect theirs rights and to listen to what they had to say. A mechanism to this end was the next logical institution after the consensus achieved last year on the Declaration on Human Right Defenders. With regard to the terror groups carrying publicity material justifying the murder of human rights defenders, a clarity of action was needed to facilitate work of genuine NGOs. It was suggested that such mischief makers prove their accusation under the judicial scrutiny of the Human Rights Committee, so that perpetrators were clearly identified in an objective manner.
LIU JING (China) said the Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (human rights defenders) represented an important achievement of the international community in the field of human rights. For over a year since its adoption, the Declaration had received considerable attention from the international community. China had actively participated in the 12-year long drafting process of the Declaration and had played an important role therein. China then joined the consensus for the adoption of the Declaration. That fully demonstrated the Chinese Government's support for the individuals, groups and organs of society who played a positive and constructive role in the promotion and protection of human rights.
To China's regret, some Western countries, the United States in particular, practised double standards on the issue of human rights. What was outstanding at this year's session of the Commission was their attitude towards Falun Gong. The United States Government had once stated that it did not support Falun Gong. But from how the US had been actually acting recently demonstrated that it supported cults. Out of ulterior political motives, it tried its best to support cults which rampantly violated human rights, in disregard of the human rights of mass Chinese people and the victims of Falun Gong. The Chinese Government attached great importance to the positive role played by international human rights treaties. China had ratified or acceded to 17 international human rights treaties.
PETTER WILLE (Norway), speaking on behalf of the Nordic countries of Denmark, Finland, Iceland and Sweden, said that many of the most serious violations of human rights took place in situations of internal conflict and strife characterized by disruption of internal order, tensions and acts of violence. Indeed, these situations were probably the most difficult contexts for the protection of human rights and international humanitarian law.
One important step to increase protection should be to find ways to ensure that all States review their national legislation for dealing with conflict situations, public emergency and internal strife with a view to ensuring that it met the requirement of the rule of law and relevant human rights and international humanitarian law instruments. The adoption of the statute of the International Criminal Court was a major development for fundamental standards of humanity. The statute applied to crimes within the jurisdiction of the Court when committed in the context of internal armed conflict.
SHARAD KUMAR (India) said the cardinal role of human rights education was recognized by the Universal Declaration of Human Rights in article 26. The Vienna Declaration and Programme of Action also described human rights education, training and public information as being essential for the promotion and achievement of stable and harmonious relations among communities and for fostering mutual understanding. It further more called on all States and institutions to include human rights, humanitarian law, democracy and rule of law as subjects in the curricula of all learning institutions. A solid edifice of human rights education could be built on the sound foundation of the spread of education itself. Without making the right to education a reality, fundamental rights would remain beyond the reach of a large segment of the population.
The Indian delegation suggested that the following aspects were kept in mind in the development of a human rights education agenda: participation of a large cross section of national life, the spread of awareness amongst people, imparting capacities and confidence to the poor, countering the prejudices and attitudes violating the dignity of others, sensitizing public authorities and maintaining the dynamic nature of human rights education. The Indian Government had set up a Coordination Committee which had embarked on the following activities: providing free and compulsory education until the age of 14, the inclusion of human rights at the under-graduate and post-graduate level, imparting human rights education to professional groups and the introduction of short-term sensitization and training courses on human rights.
NAWAF NAMAN (Kuwait) said that it was refreshing to see, at the onset of the Third Millennium, a progressive number of societies embarking on the construction of a culture of peace and human rights in the minds of their citizens through education and awareness campaigns carried out by government and private institutions. From its early stages, Kuwait had extended special care to the respect of human rights. Among other things, it had encouraged the media and public and private organizations to educate citizens about their rights and duties in addition to setting up social centres serving this purpose.
In October 1992, the Kuwaiti Parliament had established a permanent commission for the protection on human rights. NGOs also played an important role in educating the public on human rights and specific questions such as the situation of women during armed conflicts, the situation of refugees around the world and rights of families of prisoners for dignified life. Regrettably, there were regimes which recognized the strength of the media in influencing other people and consequently used it to deceive public opinion and pervert the truth.
KSENOFON KRISAFI (Albania) said the level of legal protection of human rights determined the level of development and emancipation of a society, and Albania had therefore made this one of the major objectives of its policies. The Communist regime had abused human rights for 40 years, and many changes had since been undertaken such as the adaptation of the 1998 Constitution. The Constitution was based on the basic rights and freedoms of man. The criminal code, civil and labour codes and electoral procedures had also been adapted to give more rights to the population. Albania had acceded to almost all human rights instruments. Work had been undertaken on raising awareness of the civil society through education, so that everyone was aware of the large range of rights and freedoms they should enjoy. In the parliament there was a standing commission on fundamental rights and freedoms and NGOs were actively working and contributing to the promotion of human rights. Last year the Constitutional Court had commenced on work on the abolition of the death penalty. A year ago a position had been created in the Council of Ministers on the rights and fundamental freedoms of man. The results obtained in Albania were considerable, however there were cases of individuals with authority committing violations of human rights. The Government was taking steps to end these violations and to make sure that all nationals enjoyed all human rights and fundamental freedoms.
KALMAN PETOCZ (Slovakia) said that the protection and promotion of human rights were priorities for the international community. In this regard, the World Conference on Human Rights had sent a clear message calling for the promotion of respect for human rights worldwide through a joint effort by States and international organizations, both governmental and non-governmental. Slovakia also expressed support for the activities aimed at improving the efficacy of human rights mechanisms, including the strengthening of the monitoring bodies of the treaty bodies.
At a national level, preparatory work had been undertaken aimed at the adoption of the protocol to the Convention on the Elimination of All Forms of Discrimination Against Women. In 1999, Slovakia had also acceded to the second Optional Protocol to the International Covenant on Civil and Political Rights aimed at abolishing the death penalty. The international community had to draw lessons from past abuses of human rights and ensure the application of human rights instruments.
FEDERICA BIGI (San Marino) said that since the country had abolished capital punishment, it had never felt the need to discuss the re-establishment thereof. The penal code in San Marino was based on a more educational approach as opposed to capital punishment. It was therefore no surprise that San Marino was taking the floor to support those delegations suggesting the universal abolition of the death penalty. All States had the right to prosecute those who violated the law and the duty to fight criminality. However, this was not to lead to a vengeful justice based on the principle of 'an eye for eye'. In inflicting death, the State was not keeping with justice. The death penalty violated the most basic human rights, the right to life. Furthermore, experience showed that those States practising capital punishment had not experienced a decrease in criminality nor an increase in safety. Another problem was the infallibility of all human systems which made for the possibility of judicial errors. Convictions could thus need modification which was made impossible in the irreversible nature of capital punishment. The delegation of San Marino expressed full support for the abolition of capital punishment and recommended the gradual implementation of legal reforms in those States concerned.
SAAD HUSSAIN (Iraq) said that depleted uranium was a new scientific discovery of the United States which had been used against Iraq during the Gulf War. The depleted uranium used against his country had gravely compromised the health of thousands of Iraqis with grave consequences on the population. The depleted uranium scattered by the United States, the United Kingdom and their allies during the war of aggression against Iraq had shown its mortal effects not only on Iraqi people but also on 8,000 British and Australian soldiers, who had also been victims of the uranium. Although the manifestation of the effect of the depleted uranium was slow, many Iraqis actually suffered from cancer and other related complications. As a result of the pollution of the air and soil, the number of people still being attacked by the uranium were many. The soil had been infected by the depleted uranium and this directly affected agricultural products.
ANEL BELIZ (Panama), speaking on behalf of Central American States, highlighted the need to promote a culture of peace and healthy environment. The promotion of a culture of peace was accorded special attention by the countries of the sub region. Human rights played an important role in the promotion of a culture of peace. In this regard, the General Assembly declaration and programme of action on a culture of peace played an important role in promoting human rights and a culture of peace, as did the International Year for Peace Culture, the task of which was to create a new paradigm for peace and international security based on the principles enshrined in the UN Charter, and to change the mindset and attitudes of groups and individuals.
States should increase efforts to protect human rights through the implementation of preventive policies and by promoting tolerance and pluralism. A healthy environment was linked to human rights. The central American alliance for sustainable development put the individual at the centre of development, focusing on five fundamental pillars: political, economic, social, cultural and environmental, in line with the doctrine of human rights. It was important to devise development models which were in keeping with nature. Structural adjustment policies had been carried out to the detriment of natural resources. The best way of ensuring respect for the environment was through educational programmes.
VALENTIN ZELLWEGER (Switzerland) reaffirmed his country’s commitment to the abolition of capital punishment. The necessary measures had been taken so that the death penalty could not be re-introduced in Switzerland. More than half the countries in the world had abolished the death penalty, some for all crimes, some for a selection of crimes. The steps taken had not been entirely successful as a number of countries, the United States, Iran, Nigeria, Saudi Arabia and Pakistan still practised the death penalty on persons under 18 years of age. This practice was in clear violation of article 6 of the International Covenant on Civil and Political Rights. The State was depriving the person of freedom and then their life. Switzerland deplored that a certain number of countries still carried out mass executions in public such as China, Viet Nam, Saudi Arabia and Afghanistan. No study had proved that the death penalty had more of a dissuasive effect on criminality in society than other punitive alternatives. Many countries practising the death penalty referred to public opinion as the reason why it was maintained. In fact there was a need for the State to inform the public about the reality of the death sentence. It was impossible to promote human rights whilst supporting the capital punishment which was cruel, repugnant and de-humanizing.
SERGEI ANOCHKO (Belarus) said that it was his country's conviction that Belarus was part of the European house and generally accepted norms had been put in place regulating the basic rights and fundamental freedoms of its citizens. The penal code and its procedure had been revised; the protection for children and other vulnerable groups had been strengthened; and other legislative measures had been implemented to advance and reinforce the democratic institutions and to enhance the democratization of the society. Belarus had also undertaken a series of laws in line with its international obligations and commitments. In addition, Belarus had been cooperating with the European organs designed to promote and protect citizens, and it would continue to coordinate its efforts with intergovernmental and non-governmental organizations. It would also cooperate with all those who were working towards human rights causes.
MICHAEL BAUMGARTNER, of International Educational Development, said the Governments of India and South Africa were congratulated on their efforts to address critical issues relating to AIDS; South African President Thabo Mbeki understood the importance of involving critics in a fruitful scientific debate; but unfortunately the HIV establishment had responded with outrage and with a campaign against the South African Government. In fact, just about everything in propagated beliefs about AIDS must be scrutinized. "HIV" had not been isolated as a virus and there was still no scientific proof for the HIV-AIDS hypothesis. It was wrong to "slam" people who had the courage to demand answers. President Mbeki's reassessment of AIDS unfortunately did not go far enough in terms of agenda, participation/structure, and time frame. Many more inquiries would be needed to shed light on this medical tragedy.
"Science and environment" should have its own separate, annually considered agenda item under the Commission. On another matter, the Mexican Government's rules for FM3 visas for human-rights defenders were an unfair obstacle to human-rights observations in Mexico.
WEI JING SHENG, of the Transnational Radical Party, said that in China, besides the so-called non-governmental organizations of the Chinese Government, most of the human rights work was done by people in the opposite groups. Most human rights activities were disturbed and even suppressed by the Chinese Government. Many had been killed in the 1989 massacre, many were wounded and handicapped, unable to find work because of health reasons and because of their quasi-political prisoners position to the Chinese Government. These human rights activists needed help from inside and outside China. The attitude of the Chinese Government had caused not only a deterioration of the human rights conditions in China, but had jeopardized the human rights workers in China. The UN should promote the Declaration on Human Rights Defenders and request the Chinese Government to carry out its promises to protect minimum individual political rights.
DEBORAH STOTHARD, of the Aliran Kesedaran Negara: National Consciousness Movement, said that all participants should act urgently on the arbitrary detentions made last week in Malaysia. The crackdown was to prevent the commemoration of 'Black 14' when former Deputy Prime Minister Anwar Ibrahim was sentenced to six years of jail. The gathering intended to present a peoples' petition for the defense of the constitutional integrity of this democratic nation. The Universal Declaration of Human Rights and the Malaysian Constitution allowed for the right to assemble peacefully, yet in the past year, more than 1,000 people had been charged with illegal assembly, with more arrests expected from this current crackdown. Those convicted were at risk of losing their jobs as further punishment. The Commission should disqualify Malaysia from membership of the Commission in light of the Malaysian Government's widespread, severe and often brutal crackdown on civil, political, economic, social and cultural rights. Attacks of various types on human rights defenders seemed to be a disturbing trend amongst Member States of ASEAN having rested the incorporation of international human rights standards into its terms of reference.
DENNIS B. WARNER, of Pax Christi International, said perhaps the most disgraceful aspect of the past millennium was the realization that God was often used as a reason for inflicting suffering on others. There had been the Crusades; the Spanish Inquisition; the Thirty Years War; the forced conversions of "pagans" during the colonial era; the Jewish pogroms in Russia; the Holocaust; and Hindu-Moslem bloodshed during the partition of India. Nations most committed to religious principles continued to be among those most intolerant of deviations from it.
Serious efforts at conflict prevention should be encouraged; more effective conflict management should be pursued, including greater efforts to contain and de-escalate conflicts. Reconstruction and reconciliation should be promoted after conflicts ended. Through individual example and the cooperation of relevant institutions, the year 2000 could truly be made the International Year for the Culture of Peace.
NUR AMALIA, of the Netherlands Organization for International Development Cooperation, said that the change of Government and the turn of the political events in Indonesia had brought about a number of significant changes in the country. Indonesian people had high expectations to the upholding and protection of human rights. In reality, these hopes had not been fulfilled, almost no step had been taken to attempt the resolution of the series of human rights violations that were committed in the past. New human rights violations and violence by the State still took place. In this sad situation, human rights defenders were in a weak position, experiencing all kinds of terror, threats and intimidation. This kind of terror had caused a structural fear in the society, impeding wider public participation in efforts to protect, promote and uphold human rights in Indonesia. The Commission should urge the Indonesian Government to support the Human Rights Defenders, so that it could be transformed into a legal instrument and mechanism contributing to the protection of human rights.
SOE ALING, of the Worldview International Foundation, gave an account of the situation of individuals in Burma whose human rights were being violated by the authorities. In situations where human rights abuse was widespread, human rights defenders were more vulnerable to harassment, threats and arbitrary detention. Just seven months ago, four human rights defenders were given lengthy jail terms simply for wearing the colour yellow. Yellow was the colour adopted by the democracy movement. He urged support for the appointment of a Special Rapporteur for human rights defenders; strong and consistent encouragement from all UN members, including the Burmese military regime, to understand and commit to the spirit and content of the Declaration on the Rights of Human Rights Defenders; and the Commission to inform governments and civil society of the significance and content of the Declaration.
CLAUDINE HAENNI, of the Association for the Prevention of Torture, speaking on behalf of a number of other NGOs making up the Coalition of International NGOs against Torture (CINAT), said CINAT continued to conduct a joint campaign for the ratification of the Convention against Torture and called on the following countries to ratify it over the next year: India, Nigeria, Haiti, Congo (Brazzaville), and Syria, as well as Ireland, which had been urged to do so for several years. Japan, Mozambique, Qatar, and Turkmenistan were congratulated for acceding to the Convention. The Commission was called upon not only to urge ratification of the Convention but to urge recognition by States of the competence of the Committee against Torture to carry out its procedures on individual communications and confidential inquiries. The Commission also should urge the withdrawal of reservations to the Convention and the speedy conclusion of negotiations on the draft optional protocol to the Convention.
The Association for the Prevention of Torture joined the International Service for Human Rights in calling for the appointment of a Special Rapporteur on human-rights defenders.
P. I. AYEWOH (Nigeria) said his country attached great importance to this agenda item and as far as Nigeria was concerned, most of the provisions contained in the International Covenant on Civil and Political Rights and the International Covenant of Economic, Social and Cultural Rights had already been incorporated in the Constitution. The State was the prime promoter, protector and defender of human rights. With the recent return to democracy a conducive environment had been created for the promotion of human rights. The Government had introduced far-reaching measures to protect the rights of the population such as creation of a high-powered human rights panel, the abolishment of State Security Detention of Persons Decree No.2 of 1984, the release of political prisoners and detainees, the restructuring of the police and the law enforcement agencies, the prohibition of the use of torture as a method of interrogation and the empowerment of the judiciary. The abolition of the death penalty was a criminal justice matter derived from a country's social and economic environment, including the criminal activity to which the system was meant to respond. In Nigeria, the death penalty was imposed for the most serious crimes.
The Government had embarked on raising the consciousness of the citizenry as regards the promotion and protection of fundamental human rights. Nigeria had also been working on environmental issues and supported the draft resolution against the dumping of radio active and toxic waste and appreciated the growing level of international cooperation for the protection of the environment.
ALENA PEROUT, of the Canadian Human Rights Foundation, stressed that the practice of human rights education was based on mutual respect and reciprocal learning, It was about communicating across different value systems. The Foundation encouraged Member States to undertake activities and commit appropriate resources to programmes which contributed to the development and implementation of National Plans of Action for Human Rights Education; integrate human rights education in the curricula of the formal education system at the primary, secondary, and tertiary levels as well as in non-formal education; and increase the capacity of civil society to promote human rights though training and raising public awareness, among other things. Such projects would help to build a culture of human rights, prevent future human rights abuses and build peace between nations.
MELODEE SMITH, of the World Alliance of Reformed Churches, said that in the United States, human beings were literally dying to get off death row. The Commission must hear the cries of those who were suffering because the worldwide community had not abolished the death penalty or even established a moratorium. In the United States even the mentally ill were not immune to application of capital punishment; it was believed that nearly 40 per cent of death-row inmates there were mentally ill; many were incompetent to stand trial and were nonetheless slaughtered at the hands of Government officials.
The Commission should support a moratorium on the death penalty and join international organizations to establish a worldwide moratorium. The Alliance, with its 217 reformed church affiliates worldwide, believed that the justice of God demanded that the inherent worth of every human life should be accorded dignity and that the extermination of human beings should end.
RIGOBERTO JUAREZ MATEO, of the Latin American Human Rights Association, said that one had to question the steps taken by the international community to protect human rights, particularly the rights of indigenous minorities. It had become clear that those most vulnerable to human rights abuses were the indigenous peoples. The degree to which this happened was often ignored. It was enough to look at Colombia where not even the most genuine demands of the people were considered important, Mexico where the militarization was extending to other states, Ecuador where the indigenous people who brought down the Government had not had their voices heard and Bolivia where the indigenous' land was being invaded. There were many other issues affecting the indigenous. The Commission should see to it that the declaration on the rights of indigenous peoples was adopted shortly without further delay and to encourage political will.
Rights of Reply
The representative of Saudi Arabia, speaking in right of reply in reference to a statement made by the Swiss delegation, rejected the allegation which concerned executions in his country. The allegation raised by the delegation of Switzerland was wrong and the delegation should produce documents justifying its accusations.
The representative of Viet Nam, speaking in right of reply, said the Swiss representative had made an irresponsible statement this afternoon in reference to the death penalty, claiming Viet Nam was among several countries that misused the death penalty. By what method had Switzerland reached that conclusion? Was it simply parroting the misguided opinions of a certain irresponsible NGO? Vietnam strongly rejected the statement by the Swiss representative.
The representative of Oman, speaking in right of reply, said that the claims of Amnesty International that Oman had extended capital punishment for non-lethal crimes did not capture the reality of the matter. Many generations would suffer and young people were suffering from the problem of drug trafficking. In the view of the Government of Oman, it was saving the young people, their families and the health of the society from drugs. In this case the death penalty was warranted.
The representative of Switzerland, speaking in right of reply, referred to a complaint by Saudi Arabia that Switzerland had cited his country among the States which still retained the death penalty for minors. The Swiss representative referred the Saudi Delegate to a report by the Secretary- General on Crime Prevention which noted that Saudi Arabia was among a number of countries which had ratified without reservations the Convention on the Right of the Child, yet had not repealed legislation which retained the death penalty for minors.
The representative of Saudi Arabia, speaking in second right of reply, said the Swiss delegation kept repeating its allegations; the information received by Switzerland seemed false. The Swiss delegation should provide evidence for what it had said or it should apologize; in fact, Saudi Arabia demanded an apology if verifiable information from Switzerland was not forthcoming.
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