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26 October 2000
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Fifty-fifth General Assembly
Third Committee
26 October 2000
37th Meeting (PM)
States would be urged to adopt legislation against mercenary activities, according to a draft adopted this afternoon by the Third Committee (Social, Humanitarian and Cultural), as it met to continue its consideration of human rights questions. That draft text, on the use of mercenaries to violate human rights and impede the exercise of the right to self-determination, was approved by recorded vote of 92 in favour to 16 against, with 33 abstaining [see Annex]. It was the only vote in a total of seven draft resolutions adopted this afternoon.
The proposed legislative measures would be for the purpose of ensuring that State territories and nationals were not used for recruitment or involvement in mercenary activities -- whether for the overthrow of a government, the promotion of secession, the fight for national liberation or any form of alien domination or occupation. States would also be urged to cooperate fully with the Special Rapporteur on mercenary activity, and the Office of the United Nations High Commissioner for Human Rights would be asked to give high priority to combating mercenary activity. States would also be requested to make proposals for a clearer legal definition of mercenaries.
The other resolutions approved this afternoon touched on a broad range of issues. One was on the criminal misuse of information technology. Another was on follow-up to the Fourth World Conference on Women and the 2000 Special Session of the General Assembly on Women. Others related to the girl child, the International Decade of the World's Indigenous People, the Convention on eliminating racial discrimination, and the right of peoples to self-determination.
In addition, three draft resolutions were introduced. The representative of Nigeria introduced a text on measures to combat contemporary forms of racism and other forms of intolerance, as well as a four-part draft on the Third Decade to Combat Racism and on the World Conference against racism. Mexico's representative introduced a draft resolution on the Convention to protect migrant workers and their families.
During the continued general discussion of human rights issues, the indivisibility of human rights was stressed, along with the importance of respect for cultural diversity and the difference between a human rights ideal and the reality on the ground.
Colombia's representative said the major challenge for governments was not to expand legislation, but to make laws part of human behaviour. Human rights had been affirmed, but countries faced difficulties in meeting the challenge. Some were emerging from a period of dictatorship. Others were living through armed conflicts or undergoing economic hardships, and still others were plagued by modern evils such as illegal substances, health epidemics and environmental degradation.
Statements were also made by the representatives of Costa Rica, Iran, Brazil, Israel, Cambodia, Morocco and Romania.
Speaking in exercise of the rights of reply were the representatives of Iraq, Kuwait, Syria, Nigeria, Saudi Arabia, Congo, and the Democratic People’s Republic of Korea.
The Committee will meet again at 10:00 a.m. on Friday, 27 October, to continue considering human rights issues.
Committee Work Programme
The Third Committee (Social, Humanitarian and Cultural) met this afternoon to continue considering human rights questions, including alternative approaches for improving the enjoyment of human rights and fundamental freedoms. The Committee was also expected to consider human rights situations and reports of special rapporteurs and representatives; implementation and follow-up to the Vienna Declaration and Programme of Action (1993); and the report of the United Nations High Commissioner for Human Rights. (For background, see Press Release GA/SHC/3603 of 24 October.)
The Committee has before it a number of resolutions to be introduced, as well as draft texts on which action is expected.
One is a draft resolution sponsored by Nigeria on measures to combat contemporary forms of racism and other forms of intolerance (document A/C.3/55/L.26). The draft would have the Assembly express full support for the work of the Special Rapporteur on contemporary forms of racism and related intolerance. It would commend the Committee on the Elimination of Racial Discrimination for its role in implementing the International Convention on the Elimination of All Forms of Racial Discrimination. It would reaffirm that acts of racist violence were not expressions of opinion but were, rather, offences, and would declare racism to be among the most serious violations of human rights in the contemporary world, meriting combating by all available means.
The Assembly would express profound concern about all forms of racism and would unequivocally condemn them, while expressing equal concern about manifestations of racism. It would express deep concern about the increase in racial and xenophobic violence all over the world, encouraging States to include tolerance in their educational agendas and to take all measures to eradicate racism. Finally, the Assembly would condemn the misuse of the media and new information technologies to incite violence motivated by racial hatred. It would urge States to cooperate with the Special Rapporteur in fulfilling his mandate.
By Part I of a four-part draft on the Third Decade to Combat Racism and the World Conference against Racism (document A/C.3/55/L.27), also sponsored by Nigeria, the Assembly would urge governments to take all necessary measures to combat new forms racism, in particular, by constantly adapting legislative, judicial, administrative, educational and informational means already available. It would urge them to become parties to the International Convention on the Elimination of All Forms of Racial Discrimination and to limit reservations to it. It would also urge them to intensify efforts to meet obligations by declaring illegal and punishable any dissemination of ideas based on racial superiority and the forming of organizations on that basis. Finally, the Assembly would urge governments and the United Nations system to implement the Convention with special attention to the situation of indigenous people.
By Part II of the draft, the Assembly would welcome South Africa's offer to host the World Conference against racism from 31 August to 7 September 2001, and would invite financial support by the international community. It would also welcome the offers made by Senegal, Iran and Chile to convene regional preparatory meetings within the framework of the World Conference. It would request the High Commissioner for Human Rights to take numerous steps to promote the World Conference, and would call upon various segments of the world community to take similar steps in building momentum for the Conference. Finally, the Assembly would welcome the themes for the Conference adopted by the Preparatory Committee, and it would appeal to States for generous contributions to the World Conference voluntary fund.
By Part III of the draft, the Assembly would strongly reaffirm the proclamation of 2001 as the International Year of Mobilization Against Racism, and would call upon all actors to observe the year, including through programmes of action. It would emphasize that the activities be implemented within the framework of the World Conference. By Part IV of the draft, the Assembly would decide to keep the item on its agenda.
Finally, a draft on the Convention to protect the rights of migrant workers and their families (document A/C.3/55/L.29) would have the Assembly express its deep concern at the growing manifestations of racism and other forms of discrimination and degrading treatment directed against migrant workers in different parts of the world. It would call upon States, in view of the tenth anniversary of the adoption of the Convention, to sign and ratify or accede to the Convention as a matter of priority. It would welcome the work of the Special Rapporteur on the rights of migrants in relation to the Convention, requesting the Secretary-General to continue reporting on the situation.
The draft is sponsored by Argentina, Bangladesh, Cape Verde, Colombia, Costa Rica, Cuba, Ecuador, Egypt, El Salvador, Guatemala, Mexico, Morocco, Peru, Philippines, Senegal, Sierra Leone, Uruguay and Yemen.
Also before the Committee are a number of drafts on which action is expected.
A draft resolution on combating the criminal misuse of information technology (document A/C.3/55/L.8/Rev.1) would have the Assembly invite States to take into account certain measures in their efforts to combat the criminal misuse of information technologies. Those measures would include steps to ensure that laws and practice eliminate safe havens for those who criminally misuse information technologies. States would also be invited to train and secure the cooperation of law enforcement personnel and the exchange of information. Legal systems would protect the confidentiality of data and computer systems from unauthorized impairment, and would permit quick access to data pertaining to particular criminal investigations. Mutual assistance regimes would ensure timely investigation, and the public would be made aware of the need to combat criminal misuse of the technologies. The Assembly would also decide to maintain the question on its agenda as part of the item on crime prevention and criminal justice.
A draft resolution on follow-up to the Fourth World Conference on Women and the 2000 Special Session of the General Assembly on Women (document A/C.3/55/L.28) is submitted by the Committee's Chairperson. It would have the Assembly call upon governments and the United Nations system to implement the 1995 Beijing Platform of Action and to disseminate the special session's outcome. It would strongly encourage governments to support civil society in those actions. It would reaffirm the central role of the Commission on the Status of Women in monitoring, assessing and accelerating implementation, and would recognize the importance of regional and subregional monitoring of global and regional platforms. It would reaffirm the Platform’s and special session’s outcome as the basis for further actions, and would invite States to report on measures taken. Finally, it would request the Secretary-General to report on progress, and would decide to keep the item on its agenda.
Also before the Committee is a draft expected to be introduced on the girl child (document A/C.3/55/L.17). By that draft, the Assembly would urge States to sign and ratify the Optional Protocol on the Convention to Eliminate Discrimination of Women. It would urge the strengthening of efforts to achieve the commitment contained in the Millennium Declaration, among others, for eliminating gender disparities in education. Further, it would urge States to undertake measures and institute legal reforms to ensure full and equal enjoyment by the girl child of all human rights and fundamental freedoms, as well as to take action against violations.
Further by the draft, the Assembly would urge States to enact and enforce laws to ensure that marriage was entered into freely and to protect girls from all forms of violence, including female infanticide, genital mutilation and prenatal sex selection. It would urge the establishment of programmes for those who had been abused and the taking of special measures to protect war-affected girls. Finally, it would urge States to formulate comprehensive national plans to eliminate violence against women and girls. Among numerous other actions encouraged by the resolution, the Assembly would request the Secretary-General to ensure integration of issues concerning the girl child in the preparatory work for the special session of the General Assembly on follow-up to the World Summit for Children in 2001.
The Committee has before it a draft expected to be introduced on the International Decade of the World's Indigenous People (1995-2004) (document A/C.3/55/L.19). By that draft, the Assembly would welcome the Economic and Social Council's July decision to establish a Permanent Forum on Indigenous Issues as a subsidiary organ of the Council. It would encourage governments to support the Decade by such actions as preparing programmes, establishing national committees and contributing to the Trust Fund for the Decade and the Voluntary Fund for participation of indigenous representatives in the Working Group on Indigenous Populations, and in the working group charged with developing a draft declaration on the rights of indigenous people. It would invite the United Nations system to give priority and resources to improving the conditions of indigenous people, to launch projects and designate focal points for coordination of activities. Finally, it would emphasize the importance of indigenous people participating in world conferences, in particular, the 2001 World Conference against racism to be held in South Africa.
By the first part of a three-part draft resolution on the International Convention on the Elimination of All Forms of Racial Discrimination (document A/C.3/55/L.24), the Assembly would take note of the reports of the Committee on the Elimination of Racial Discrimination and would comment on its efforts to contribute to implementation of the Convention. It would express concern at the great number of overdue reports, and would encourage States to avail themselves of the advisory services and technical assistance the Office of the High Commission for Human Rights could provide. It would encourage the Committee and States to continue participating in the preparatory process for the 2001 World Conference and the International Year of Mobilization against Racism, Racial Discrimination, Xenophobia and Related Intolerance, which would begin with the World Conference.
By Part II of the draft, the Assembly would express profound concern about States not having fulfilled obligations to the Convention and would strongly appeal to them to fulfil financial obligations. It would also urge States to accelerate domestic ratification procedures regarding the amendment to the Convention on financing of the Committee. It would request the Secretary-General to invite States to pay their arrears. By Part III of the draft, the Assembly would urge States to ratify or accede to the Convention and to limit reservations.
A draft resolution on the universal realization of the right of peoples to self-determination (document A/C.3/55/L.22) would have the Assembly declare its firm opposition to acts of foreign military intervention, aggression and occupation. The Assembly would also deplore the plight of millions of refugees and displaced persons who have been uprooted as a result of those actions. It would request the Commission on Human Rights to continue giving special attention to the violation of human rights, especially that of the right to self-determination, which results from foreign military aggression.
A draft on the use of mercenaries to violate human rights and impede self-determination (document A/C.3/55/L.23) would have the Assembly urge all States to exercise the utmost vigilance against the menace posed by mercenary activities. The Assembly would also urge them to take legislative measures to ensure that their territories and nationals were not used for recruitment or involvement in mercenary activities, whether for the overthrow of a government, promotion of secession, fight for national liberation movements or any form of alien domination or occupation. It would urge all States to cooperate fully with the Special Rapporteur on mercenary activity. It would request the Office of the United Nations High Commissioner for Human Rights to give high priority to combating mercenary activity, and would request the Secretary-General to invite governments to make proposals for a clearer legal definition of mercenaries.
Introduction of Draft Resolutions
The representative of Nigeria, on behalf of the “Group of 77” developing countries and China, introduced a draft resolution measures to combat contemporary racism and racial discrimination (document A/C.3/55/L.26).
The representative of Nigeria, on behalf of the Group of 77, introduced a second draft resolution, on the third Decade to combat racial discrimination and the convening of the World Conference against racism (document A/C.3/55/L.27).
The representative of Mexico introduced the draft resolution on the International Convention on the protection of the rights of all migrant workers and their families (document A/C.3/55/L.29)
Nicaragua, Sri Lanka and Bolivia joined as co-sponsors of the draft.
The representative of the United Sates introduced the draft resolution on combating the criminal misuse of information technologies (document A/C.3/55/L.8/Rev.1).
The following were added as co-sponsors: Argentina, Armenia, Bosnia and Herzegovina, Costa Rica, Croatia, Dominican Republic, Kenya, Latvia, Liechtenstein, Lithuania, Madagascar, Malta, Marshall Islands, Norway, Republic of Korea, Republic of Moldova, South Africa, Sri Lanka, Thailand, The former Yugoslav Republic of Macedonia and Uruguay.
Action, Draft on Criminal Misuse of Technologies
The representative of Mexico said that her delegation attached great importance to the subject of the draft and supported the initiative. She hoped that references in the text to the important contribution of the United Nations and its relevant agencies would lead to a consideration of the struggle against the misuse of information technologies as a matter for creating better awareness of the issue. She hoped it would also lead to the adoption of global initiatives.
The representative of Antigua and Barbuda said that certain elements of the draft were cause for grave concern to Caribbean Community (CARICOM) States, particularly references to meetings that had been held by the Group of 8 highly industrialized countries to finalize the substance of the text. He said that no effort had been made to involve other countries in the process. If the United Nations was to be an organization of equals, then equity must be practised at all levels. The perspectives of all States must be considered. Were the CARICOM and other smaller States to believe that this was another case of “might makes right”? He reserved the right to study the resolution more carefully to ensure that it had been drafted in the best interest of global society. He also reserved the right to speak or vote on this issue in plenary.
The draft resolution was adopted without a vote.
The representatives of Belize and Barbados joined in the consensus, but supported the statement of the representative of Antigua and Barbuda, and reserved the rights to speak on the issue again in plenary.
Action, Draft on Fourth World Conference on Women
The Vice Chairperson, Sarah Paterson (Ireland) introduced a draft resolution on implementation of the outcome of the Fourth World Conference on Women (document A/C.3/55/L.28), which included a number of technical revisions.
The draft resolution was adopted as orally amended, without a vote.
The representative of Venezuela asked for technical revisions to the Spanish-language text of the draft.
The Committee next took up a draft resolution on the girl child (document A/C.3/55/L.17) which had been introduced earlier by Namibia.
The following were added as co-sponsors: Algeria, Antigua and Barbuda, Austria, Azerbaijan, Belarus, Bolivia, Brazil, Burkina Faso, Cambodia, Côte d’Ivoire, Japan, Madagascar, Mali, Malta, Panama, Poland, Republic of Moldova, Suriname, Togo, Tunisia and Uzbekistan.
The draft resolution was adopted without a vote.
Action, Draft on Indigenous People
The Committee next turned to a draft resolution on the International Decade of the World’s Indigenous People (document A/C.3/55/L.19). The Secretary drew the Committee’s attention to a number of technical revisions that had been requested at the time the draft was introduced.
The following were added as co-sponsors: Dominican Republic, Germany, Ireland, Italy, Paraguay and the Russian Federation.
The draft resolution was adopted as orally corrected without a vote.
The representative of Guatemala stressed the importance that it attached to the well-being of the world’s indigenous people and the necessity of establishing the Permanent Forum on Indigenous Issues. To that end, the delegation felt that paragraphs of the draft dealing with the Forum should have been elaborated, particularly as regarded the financial implications, so that important body could be established as soon as possible.
Action, Draft on Elimination of Racial Discrimination
The Committee next took up the draft resolution on the international Convention on the Elimination of All Forms of Racial Discrimination (document A/C.3/55/L.24), introduced earlier by Belgium.
The following were added as co-sponsors: Antigua and Barbuda, Bangladesh, Benin, Burkina Faso, Congo, Dominican Republic, Fiji, Guatemala, Israel, Lesotho, Liberia, Madagascar, Marshall Islands, Mongolia, Morocco, New Zealand, Norway, Panama, Republic of Korea, Republic of Moldova, San Marino, Solomon Islands and Togo.
The draft resolution was adopted without a vote.
The representative of the United States said that his country had been among the first to establish task forces to deal with the issue of racism. He said that his delegation joined the consensus, but would not be able to co-sponsor the draft resolution because of language on the removal of reservations from international conventions. He said that States themselves should be able to determine which treaties they adopt or ratify, as well as how reservations were handled. His delegation preferred the recognized language of “considering” removal of reservations, rather than a request for removal. Finally, his delegation was concerned about some of the broad terminology used in the draft.
Action, Draft on Universal Right to Self-Determination
Next, the Committee took up the draft resolution on the universal realization of the right of peoples to self-determination (document A/C.3/55/L.22).
The following were added as co-sponsors: Armenia, Bahrain, Comoros, Democratic Republic of the Congo, Djibouti, Dominican Republic, Ethiopia, Kenya, Liberia, Niger and Nigeria.
Yemen was removed form the list of co-sponsors.
The representative of Argentina said that his delegation supported the right to self-determination, but that the exercise of that right should not shatter the national or territorial sovereignty of States.
The draft resolution was adopted without a vote.
Action, Draft on Use of Mercenaries
The Committee then took up the draft resolution on the use of mercenaries as a means of violating human rights (document A/C.3/55/L.23) which had been introduced earlier by Cuba.
The following were added as co-sponsors: Comoros, Dominican Republic, El Salvador, Madagascar and Pakistan.
It was announced that a recorded vote had been requested. The draft resolution was then adopted by a recorded vote of 92 in favour to 16 against, with 33 abstentions [Annex].
The representative of Bulgaria said that her vote should be reflected as an abstention.
The representative of the Philippines said that her vote in favour of the resolution had not been reflected.
The representative of France (on behalf of European Union and associated States) said that, while the delegation supported the concerns of the Special Rapporteur on the impact of mercenaries, unfortunately, it could not support the draft resolution. It was regrettable that the authors of the text had held no consultations with other delegations. Moreover, the Union doubted that the Third Committee was the place to have a debate on issues dealing with mercenaries. Perhaps the Sixth Committee (Legal) was a better place for such debate.
Statements
BERND NIEHAUS (Costa Rica) said the focus of the United Nations should now be on protection of human rights. All violations and abuses must end, including wars and tortures, restrictions on freedoms and inequalities between men and women. Guarantees and fundamental freedoms arose from the inherent nature of the person. There should be no restrictions on Member States concerning the protection of those rights. Costa Rica had banned the death penalty 130 years ago. Extreme poverty was never a justification for the violation of rights, but it created the conditions that encouraged violations. Sustainable development was the answer, including access to opportunities pursued as part of a national programme. Above all, it was now time to move from rhetoric to action.
ALFONSO VALDIVIESO (Colombia) said the major challenge for governments was not to expand legislation but to make laws part of human behaviour. Human rights had been affirmed, but, for a number of reasons, countries faced difficulties in meeting the challenge. Some countries were emerging from a period of dictatorship. Others were living though armed conflicts with large numbers of refugees and displaced persons among them. Of course, the challenge was harder for countries undergoing economic hardship because of adverse market conditions than it was for other countries. Finally, some countries were more plagued than others by modern evils such as illegal substances, health epidemics and environmental degradation.
Regardless of those circumstances, he said all States must promote universally recognized human rights by endowing citizens with democratic and transparent institutions, creating favourable economic conditions for development, and managing the modern problems that threatened people's livelihood. Before rushing to judgement over particular human rights situations in the world, the omissions in one area should be compared with achievements in others. The extent of social problems should be compared with the efforts showing resolve to overcome them. Efforts to preserve democracy should be weighed against efforts to suppress it, for example, by taking stock of the extent to which civil society was allowed to operate freely.
In short, the particular circumstances in countries and situations must be taken into consideration. A difference of opinion would continue over the means to enjoy human rights, but the efforts of governments must be considered from the perspective of how committed they were to nurturing and promoting rights. His own Government was implementing a policy for promoting rights by applying international humanitarian law, he concluded. It was also working with the international community and applying the ambitious Plan Colombia, aimed at uniting the country on four fronts: economic recovery; negotiation of armed conflict; fighting the drug problem; and strengthening national institutions.
PAIMANEH HASTAIE (Iran) said that the issue of cultural diversity and human rights might be analysed from different perspectives within different disciplines and value systems. The notion of human rights might be viewed by some as cause for polemical discourse. Apparent uncertainties and misconceptions required the international community to initiate a purposeful and forward-looking dialogue in order to foster broader understanding of the nature and scope of those issues. It was her hope that the thinkers, experts and diplomats would undertake further studies to shed more light on them, paving the way for building a solid basis at the United Nations for a universal vision of human rights.
The issue of cultural diversity was now an established part of the broader concept and process of globalization, as cultural relationships were no longer restricted to territorial boundaries. That phenomenon had been accompanied by tendencies and temptations to universalize certain cultures and validate claims through globalized markets and means of communication. Those symptoms, deriving from cultural essentialism, clearly jeopardized cultural identity in all regions, and reminded us of the potential threat of the assimilation of entities worldwide. That threat became more serious when new technologies were used to stereotype certain cultures, religions or value systems. One should be careful of cultural essentialism, she warned. She emphasized the urgent need to develop a new analytical approach to cultural diversity, with a view to collective responsibility for shaping a new international order to achieve the goals and objectives of the Charter.
MARIA LUIZA RIBEIRO VIOTTI (Brazil), speaking on behalf of the Southern Common Market (MERCOSUR), said that member States of the group had undertaken measures to integrate and strengthen the democratic process at all levels. Those efforts were proof of their Governments’ desire to guarantee a democratic climate essential for gaining and sustaining development. She said that the international community should keep the fundamental principles of the World Conference on Human Rights in sight, at all times, in its efforts to promote and protect human rights. All human rights were indivisible, and account should be taken of diversity. She stressed that, while development was essential to the enjoyment of human rights, a lack of sustainable development should not be used as an excuse to justify the non-pursuit of full-scale human rights. The challenge before the international community was to translate the words of the Millennium Declaration into actions. There was also a need to strengthen human rights mechanisms, as well as efforts on the national and regional levels.
YAACOV PARAN (Israel) reiterated the need for a redoubled global effort to halt the spread of HIV/AIDS. He said that, in his country, a multilingual society with three major monotheistic religions represented by various levels of religious conservatism, AIDS prevention and education presented a challenge. The objective was to prevent infection and reduce the social impact of infection. Health centres had been set up while legislative measures protected confidentiality and employment.
To overcome religious complexities, however, he said prevention initiatives were targeted to the cultural and religious context of those being addressed. For example, a programme for the religiously-conservative presented AIDS as an immune-system disease. That allowed both trainers and authorities to build trust with the audience before addressing sensitive sexual issues.
OUCH BORITH (Cambodia) said his country had just begun to emerge from wars and turmoil. Democracy and human rights should be in harmony with the cultural particularities, traditions and levels of development of countries. A draft Memorandum of Understanding was being drawn up with the Office of the United Nations High Commissioner for Human Rights in Geneva, which aimed to improve cooperation based on mutual respect, including for Cambodia's sovereignty.
His country had insisted on technical assistance from the Office because of a wide discrepancy between the official mandate and that in practice. The prejudices of the officer in charge of the United Nations High Commissioner for Human Rights Office in Cambodia had combined with the opposition party's hunger for political gains and with the media's thirst for sensation. Explosive terms such as impunity had been bandied about, based on hearsay and unconfirmed proof. That had changed with the 1998 election, declared by the international community to be free and fair. Still, the draft resolution on his country contained language that was untrue.
He vigorously protested the charge of impunity, the accusation of the Government's interference in courts, the threat against minorities and violations of the rights of protesters. He said there had been instances of competent authorities ending illegal rallies, but observers often forgot that the demonstrators had violated the law of the nation to begin with. Human rights intervention should be regarded in the same light as humanitarian intervention. In both cases, standards must be applied justly, equally and universally. They should not be subject to the whim of certain powers.
AICHA AFIFI (Morocco) said human rights had been affirmed by consensus as indivisible. The 2001 World Conference would be an opportunity to strengthen the indivisibility of human rights. Morocco had signed the protocols to the Convention on the rights of the child and had signed the Convention on the International Court.
She said the United Nations regime on human rights had made a lot of progress, but much remained to be done. Morocco's constitution had been revised to reflect international human rights instruments. Since succeeding his father, King Mohammed VI had taken measures to reaffirm human rights. He had noted that human rights were not a luxury, but a requirement based on the need for progress. He had also called for compensating victims of abuse. Morocco's national laws had been harmonized in line with international norms. They encompassed freedoms such as that of the press, and safeguards such as prison reform. They provided for recourse in cases of abuse. A national programme had also been drawn up to include human rights in education and in the media.
VICTORIA POPESCU (Romania) said her country's programme for 2001-2004 was targeted at consolidating respect of citizens’ rights and ensuring justice as well as social cohesion. It also included provisions for implementing equal opportunities for women and men.
She said that, during the Millennium Assembly, her country had signed both optional protocols to the Convention on the Rights of the Child, and had also signed the Convention on the Elimination of Discrimination against Women. Recent legislation had been instituted to protect minorities through educational and property restitution measures. In preparation for the 2001 World Conference against Racism, national measures were being instituted to build a multicultural, tolerant and democratic society. The Stability Pact for South-Eastern Europe was instrumental in building that kind of atmosphere within the whole region through well-established structures and mechanisms, along with a wide range of action-oriented projects building a renewed vision of the region's identity.
Right of Reply
Exercising his right of reply to statements made by the representative of Kuwait in this morning’s dialogue segment, the representative of Iraq said that rather than dispute figures, he would inform the Committee that there were no Kuwaiti prisoners in his country. Iraq had complied with the relevant Security Council resolution of 1991 that called on the country to free all prisoners or detainees -- Kuwaiti or otherwise. Those persons had been taken to their respective countries under the auspices of the International Committee of the Red Cross (ICRC). The question was, now, of persons that were missing or who had disappeared, not one of prisoners. Iraq had established a Modified Plan of Work in order to pinpoint the fate of military personnel or civilians who had disappeared. It had codified measures related to the gathering of relevant information in that regard. What was discovered was that there were 627 missing persons all told, not 650, as the Kuwaiti representative had stated. Available information had even led to the closing of some pending cases. The matter could be resolved, but only if the Kuwaiti Government abandoned its policy of claiming that persons identified as missing were actually being held prisoner in Iraq. He pointed out that the longer the matter remained unresolved, the higher the price to be paid by the suffering families of missing persons, as they awaited conclusive information.
The representative of Kuwait said he had stated that the number of prisoners being held in Iraq was 605, not 650. He said it was important to note that withdrawing Iraqi soldiers had left behind a number of official documents that contained arrest records which listed the 605 still being held prisoner in Iraq. While Iraq claimed that Kuwait was supplying incorrect information, it was also important to note that the Council resolutions still stood. The ICRC was still requesting Iraq’s cooperation. He also noted that that following the death of a Kuwaiti national imprisoned in Iraq, documents recording that death were returned to Kuwait in 1994 -- after a denial of the existence of any prisoners at all. In fact, the repatriation of the body of the deceased all but confirmed that prisoners were still being held in Iraq. If Iraq did not want to politicize the issue, then it should express its goodwill by releasing all the prisoners as well as obeying the request of the ICRC. Iraq should also resume collaboration with the Tri-Partite Commission. The representative of Kuwait said that his delegation saw this as purely a humanitarian issue.
Exercising his right of reply, the representative of Syria said that his delegation had listened carefully to the European Union’s statement on human rights at this morning’s meeting. His delegation welcomed ongoing dialogue and cooperation with the Union. He said that, on several occasions, Syria had expressed the notion that the question of human rights should be considered to be above all political and selective considerations. Indeed, there was no oasis in the world that could provide shelter from an international community determined to promote and protect human rights. With that in mind, perhaps the European Union should make greater efforts to study the human rights situations within the borders of its own member States. He went on to say that Syria’s constitution guaranteed such freedoms as the freedom of expression and the right to assemble, as well as peaceful demonstrations.
The representative of Nigeria said he would like the Committee to take note of the fact that the issues the European Union had addressed this morning were being addressed within the democratic processes and the constitutional provisions of the federal republic of Nigeria. The present administration was committed to the rule of law and due process, as well as to the protection and promotion of human rights and the fundamental freedom of its people.
The representative of Saudi Arabia said it was regrettable that, at a time when the international community was trying to strengthen the dialogue among civilizations, the European Union would assess the situation of human rights in many countries using the Union’s own experience as its sole criteria. The Union was forgetting that other countries were different in their convictions and values, and had learned and developed through their own history. In particular, the Union continued its tendency to criticize the human rights situation in his country, while being totally ignorant of the realities. Saudi Arabia applied the Islamic sharia in all walks of life. That doctrine ensured the maximum standards of human rights protection. That country had also acceded to the Committee on the Elimination of Discrimination against Women and was in the process of taking steps to join other international conventions.
The representative of Congo said she was pleased with the fact that the European Union had taken interest in the human rights situation in her country. In light of the question of those who had disappeared, she did not object to having greater light shed on the situation. But that light should be a global one that shone on the entire situation and took into account all those who had disappeared in the three armed conflicts the Congo had known. Her country had constantly asserted the will of its leaders to work for reconciliation, peace and the reconstruction of the country, as well as the re-launching of the democratic process. She added that elections would be held in 2001. Peace, she said, was the credo of the President and nothing could divert him from it. She called upon the international community to support those and other efforts of her Government.
The representative of Iraq refuted the allegation that remains of a Kuwaiti national had been returned to his country. He said that Iraq was always prepared to go into the case files, but any follow-up on the issue must be done under the auspices of the ICRC.
The representative of Kuwait confirmed that his Government would be willing to open its prisons and detention centres to the Special Rapporteur and the ICRC at any time. Was Iraq ready to do the same? he asked. He said that Kuwait was asking Iraq for nothing more than the release of the prisoners, and insisting upon the need to work towards the stability and security in the region. He also called on Iraq to resume cooperation with the Tri-Partite Commission.
The representative of the Democratic Republic of Korea said that, regrettably, the European Union had once again made stereotyped accusations concerning human rights in his country. He rejected the Union’s findings, noting that the Union was using the human rights situation to meddle in the affairs of other States. If the union were truly interested in resolving human rights issues, it should respect diversity and freedom of choice. The Union would be well advised not to accuse other countries of human rights violations, acting as if it were the “one judge” of human rights. It should look at the reality of situations in different countries with a respect for diversity.
ANNEX
Vote on use of mercenaries to violate human rights
The draft resolution on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination (document A/C.3/55/L.23) was adopted by a recorded vote of 92 in favour to 16 against, with 33 abstentions, as follows:
In favour: Algeria, Argentina, Armenia, Azerbaijan, Bahrain, Bangladesh, Barbados, Belarus, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cambodia, Cape Verde, Chile, China, Colombia, Comoros, Congo, Costa Rica, Côte d’Ivoire, Cuba, Democratic People’s Republic of Korea, Democratic Republic of the Congo, Dominican Republic, Ecuador, Egypt, Eritrea, Ethiopia, Fiji, Gambia, Guatemala, Guinea, Guyana, Haiti, India, Indonesia, Iran, Jamaica, Jordan, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Lebanon, Libya, Madagascar, Malaysia, Maldives, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nigeria, Oman, Pakistan, Panama, Paraguay, Peru, Qatar, Russian Federation, Saint Lucia, Samoa, Saudi Arabia, Senegal, Singapore, South Africa, Sri Lanka, Sudan, Suriname, Swaziland, Syria, Thailand, Togo, Trinidad and Tobago, Tunisia, United Arab Emirates, United Republic of Tanzania, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Belgium, Canada, Czech Republic, Denmark, Finland, Germany, Hungary, Iceland, Japan, Luxembourg, Netherlands, Norway, Poland, Sweden, United Kingdom, United States.
Abstain: Andorra, Antigua and Barbuda, Australia, Austria, Croatia, Cyprus, Estonia, France, Georgia, Greece, Ireland, Italy, Kazakhstan, Kenya, Latvia, Liechtenstein, Lithuania, Malta, Marshall Islands, Monaco, New Zealand, Portugal, Republic of Korea, Republic of Moldova, Romania, San Marino, Sierra Leone, Slovakia, Slovenia, Spain, The former Yugoslav Republic of Macedonia, Turkey, Ukraine.
Absent: Afghanistan, Albania, Angola, Bahamas, Bosnia and Herzegovina, Burundi, Cameroon, Chad, Djibouti, Dominica, El Salvador, Equatorial Guinea, Federated States of Micronesia, Gabon, Ghana, Grenada, Honduras, Israel, Kiribati, Lesotho, Malawi, Mali, Mauritius, Nauru, Nicaragua, Palau, Papua New Guinea, Philippines, Rwanda, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Sao Tome and Principe, Solomon Islands, Tajikistan, Tonga, Turkmenistan, Tuvalu, Uganda, Vanuatu.
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Third Committee
26 October 2000
37th Meeting (PM)
States would be urged to adopt legislation against mercenary activities, according to a draft adopted this afternoon by the Third Committee (Social, Humanitarian and Cultural), as it met to continue its consideration of human rights questions. That draft text, on the use of mercenaries to violate human rights and impede the exercise of the right to self-determination, was approved by recorded vote of 92 in favour to 16 against, with 33 abstaining [see Annex]. It was the only vote in a total of seven draft resolutions adopted this afternoon.
The proposed legislative measures would be for the purpose of ensuring that State territories and nationals were not used for recruitment or involvement in mercenary activities -- whether for the overthrow of a government, the promotion of secession, the fight for national liberation or any form of alien domination or occupation. States would also be urged to cooperate fully with the Special Rapporteur on mercenary activity, and the Office of the United Nations High Commissioner for Human Rights would be asked to give high priority to combating mercenary activity. States would also be requested to make proposals for a clearer legal definition of mercenaries.
The other resolutions approved this afternoon touched on a broad range of issues. One was on the criminal misuse of information technology. Another was on follow-up to the Fourth World Conference on Women and the 2000 Special Session of the General Assembly on Women. Others related to the girl child, the International Decade of the World's Indigenous People, the Convention on eliminating racial discrimination, and the right of peoples to self-determination.
In addition, three draft resolutions were introduced. The representative of Nigeria introduced a text on measures to combat contemporary forms of racism and other forms of intolerance, as well as a four-part draft on the Third Decade to Combat Racism and on the World Conference against racism. Mexico's representative introduced a draft resolution on the Convention to protect migrant workers and their families.
During the continued general discussion of human rights issues, the indivisibility of human rights was stressed, along with the importance of respect for cultural diversity and the difference between a human rights ideal and the reality on the ground.
Colombia's representative said the major challenge for governments was not to expand legislation, but to make laws part of human behaviour. Human rights had been affirmed, but countries faced difficulties in meeting the challenge. Some were emerging from a period of dictatorship. Others were living through armed conflicts or undergoing economic hardships, and still others were plagued by modern evils such as illegal substances, health epidemics and environmental degradation.
Statements were also made by the representatives of Costa Rica, Iran, Brazil, Israel, Cambodia, Morocco and Romania.
Speaking in exercise of the rights of reply were the representatives of Iraq, Kuwait, Syria, Nigeria, Saudi Arabia, Congo, and the Democratic People’s Republic of Korea.
The Committee will meet again at 10:00 a.m. on Friday, 27 October, to continue considering human rights issues.
Committee Work Programme
The Third Committee (Social, Humanitarian and Cultural) met this afternoon to continue considering human rights questions, including alternative approaches for improving the enjoyment of human rights and fundamental freedoms. The Committee was also expected to consider human rights situations and reports of special rapporteurs and representatives; implementation and follow-up to the Vienna Declaration and Programme of Action (1993); and the report of the United Nations High Commissioner for Human Rights. (For background, see Press Release GA/SHC/3603 of 24 October.)
The Committee has before it a number of resolutions to be introduced, as well as draft texts on which action is expected.
One is a draft resolution sponsored by Nigeria on measures to combat contemporary forms of racism and other forms of intolerance (document A/C.3/55/L.26). The draft would have the Assembly express full support for the work of the Special Rapporteur on contemporary forms of racism and related intolerance. It would commend the Committee on the Elimination of Racial Discrimination for its role in implementing the International Convention on the Elimination of All Forms of Racial Discrimination. It would reaffirm that acts of racist violence were not expressions of opinion but were, rather, offences, and would declare racism to be among the most serious violations of human rights in the contemporary world, meriting combating by all available means.
The Assembly would express profound concern about all forms of racism and would unequivocally condemn them, while expressing equal concern about manifestations of racism. It would express deep concern about the increase in racial and xenophobic violence all over the world, encouraging States to include tolerance in their educational agendas and to take all measures to eradicate racism. Finally, the Assembly would condemn the misuse of the media and new information technologies to incite violence motivated by racial hatred. It would urge States to cooperate with the Special Rapporteur in fulfilling his mandate.
By Part I of a four-part draft on the Third Decade to Combat Racism and the World Conference against Racism (document A/C.3/55/L.27), also sponsored by Nigeria, the Assembly would urge governments to take all necessary measures to combat new forms racism, in particular, by constantly adapting legislative, judicial, administrative, educational and informational means already available. It would urge them to become parties to the International Convention on the Elimination of All Forms of Racial Discrimination and to limit reservations to it. It would also urge them to intensify efforts to meet obligations by declaring illegal and punishable any dissemination of ideas based on racial superiority and the forming of organizations on that basis. Finally, the Assembly would urge governments and the United Nations system to implement the Convention with special attention to the situation of indigenous people.
By Part II of the draft, the Assembly would welcome South Africa's offer to host the World Conference against racism from 31 August to 7 September 2001, and would invite financial support by the international community. It would also welcome the offers made by Senegal, Iran and Chile to convene regional preparatory meetings within the framework of the World Conference. It would request the High Commissioner for Human Rights to take numerous steps to promote the World Conference, and would call upon various segments of the world community to take similar steps in building momentum for the Conference. Finally, the Assembly would welcome the themes for the Conference adopted by the Preparatory Committee, and it would appeal to States for generous contributions to the World Conference voluntary fund.
By Part III of the draft, the Assembly would strongly reaffirm the proclamation of 2001 as the International Year of Mobilization Against Racism, and would call upon all actors to observe the year, including through programmes of action. It would emphasize that the activities be implemented within the framework of the World Conference. By Part IV of the draft, the Assembly would decide to keep the item on its agenda.
Finally, a draft on the Convention to protect the rights of migrant workers and their families (document A/C.3/55/L.29) would have the Assembly express its deep concern at the growing manifestations of racism and other forms of discrimination and degrading treatment directed against migrant workers in different parts of the world. It would call upon States, in view of the tenth anniversary of the adoption of the Convention, to sign and ratify or accede to the Convention as a matter of priority. It would welcome the work of the Special Rapporteur on the rights of migrants in relation to the Convention, requesting the Secretary-General to continue reporting on the situation.
The draft is sponsored by Argentina, Bangladesh, Cape Verde, Colombia, Costa Rica, Cuba, Ecuador, Egypt, El Salvador, Guatemala, Mexico, Morocco, Peru, Philippines, Senegal, Sierra Leone, Uruguay and Yemen.
Also before the Committee are a number of drafts on which action is expected.
A draft resolution on combating the criminal misuse of information technology (document A/C.3/55/L.8/Rev.1) would have the Assembly invite States to take into account certain measures in their efforts to combat the criminal misuse of information technologies. Those measures would include steps to ensure that laws and practice eliminate safe havens for those who criminally misuse information technologies. States would also be invited to train and secure the cooperation of law enforcement personnel and the exchange of information. Legal systems would protect the confidentiality of data and computer systems from unauthorized impairment, and would permit quick access to data pertaining to particular criminal investigations. Mutual assistance regimes would ensure timely investigation, and the public would be made aware of the need to combat criminal misuse of the technologies. The Assembly would also decide to maintain the question on its agenda as part of the item on crime prevention and criminal justice.
A draft resolution on follow-up to the Fourth World Conference on Women and the 2000 Special Session of the General Assembly on Women (document A/C.3/55/L.28) is submitted by the Committee's Chairperson. It would have the Assembly call upon governments and the United Nations system to implement the 1995 Beijing Platform of Action and to disseminate the special session's outcome. It would strongly encourage governments to support civil society in those actions. It would reaffirm the central role of the Commission on the Status of Women in monitoring, assessing and accelerating implementation, and would recognize the importance of regional and subregional monitoring of global and regional platforms. It would reaffirm the Platform’s and special session’s outcome as the basis for further actions, and would invite States to report on measures taken. Finally, it would request the Secretary-General to report on progress, and would decide to keep the item on its agenda.
Also before the Committee is a draft expected to be introduced on the girl child (document A/C.3/55/L.17). By that draft, the Assembly would urge States to sign and ratify the Optional Protocol on the Convention to Eliminate Discrimination of Women. It would urge the strengthening of efforts to achieve the commitment contained in the Millennium Declaration, among others, for eliminating gender disparities in education. Further, it would urge States to undertake measures and institute legal reforms to ensure full and equal enjoyment by the girl child of all human rights and fundamental freedoms, as well as to take action against violations.
Further by the draft, the Assembly would urge States to enact and enforce laws to ensure that marriage was entered into freely and to protect girls from all forms of violence, including female infanticide, genital mutilation and prenatal sex selection. It would urge the establishment of programmes for those who had been abused and the taking of special measures to protect war-affected girls. Finally, it would urge States to formulate comprehensive national plans to eliminate violence against women and girls. Among numerous other actions encouraged by the resolution, the Assembly would request the Secretary-General to ensure integration of issues concerning the girl child in the preparatory work for the special session of the General Assembly on follow-up to the World Summit for Children in 2001.
The Committee has before it a draft expected to be introduced on the International Decade of the World's Indigenous People (1995-2004) (document A/C.3/55/L.19). By that draft, the Assembly would welcome the Economic and Social Council's July decision to establish a Permanent Forum on Indigenous Issues as a subsidiary organ of the Council. It would encourage governments to support the Decade by such actions as preparing programmes, establishing national committees and contributing to the Trust Fund for the Decade and the Voluntary Fund for participation of indigenous representatives in the Working Group on Indigenous Populations, and in the working group charged with developing a draft declaration on the rights of indigenous people. It would invite the United Nations system to give priority and resources to improving the conditions of indigenous people, to launch projects and designate focal points for coordination of activities. Finally, it would emphasize the importance of indigenous people participating in world conferences, in particular, the 2001 World Conference against racism to be held in South Africa.
By the first part of a three-part draft resolution on the International Convention on the Elimination of All Forms of Racial Discrimination (document A/C.3/55/L.24), the Assembly would take note of the reports of the Committee on the Elimination of Racial Discrimination and would comment on its efforts to contribute to implementation of the Convention. It would express concern at the great number of overdue reports, and would encourage States to avail themselves of the advisory services and technical assistance the Office of the High Commission for Human Rights could provide. It would encourage the Committee and States to continue participating in the preparatory process for the 2001 World Conference and the International Year of Mobilization against Racism, Racial Discrimination, Xenophobia and Related Intolerance, which would begin with the World Conference.
By Part II of the draft, the Assembly would express profound concern about States not having fulfilled obligations to the Convention and would strongly appeal to them to fulfil financial obligations. It would also urge States to accelerate domestic ratification procedures regarding the amendment to the Convention on financing of the Committee. It would request the Secretary-General to invite States to pay their arrears. By Part III of the draft, the Assembly would urge States to ratify or accede to the Convention and to limit reservations.
A draft resolution on the universal realization of the right of peoples to self-determination (document A/C.3/55/L.22) would have the Assembly declare its firm opposition to acts of foreign military intervention, aggression and occupation. The Assembly would also deplore the plight of millions of refugees and displaced persons who have been uprooted as a result of those actions. It would request the Commission on Human Rights to continue giving special attention to the violation of human rights, especially that of the right to self-determination, which results from foreign military aggression.
A draft on the use of mercenaries to violate human rights and impede self-determination (document A/C.3/55/L.23) would have the Assembly urge all States to exercise the utmost vigilance against the menace posed by mercenary activities. The Assembly would also urge them to take legislative measures to ensure that their territories and nationals were not used for recruitment or involvement in mercenary activities, whether for the overthrow of a government, promotion of secession, fight for national liberation movements or any form of alien domination or occupation. It would urge all States to cooperate fully with the Special Rapporteur on mercenary activity. It would request the Office of the United Nations High Commissioner for Human Rights to give high priority to combating mercenary activity, and would request the Secretary-General to invite governments to make proposals for a clearer legal definition of mercenaries.
Introduction of Draft Resolutions
The representative of Nigeria, on behalf of the “Group of 77” developing countries and China, introduced a draft resolution measures to combat contemporary racism and racial discrimination (document A/C.3/55/L.26).
The representative of Nigeria, on behalf of the Group of 77, introduced a second draft resolution, on the third Decade to combat racial discrimination and the convening of the World Conference against racism (document A/C.3/55/L.27).
The representative of Mexico introduced the draft resolution on the International Convention on the protection of the rights of all migrant workers and their families (document A/C.3/55/L.29)
Nicaragua, Sri Lanka and Bolivia joined as co-sponsors of the draft.
The representative of the United Sates introduced the draft resolution on combating the criminal misuse of information technologies (document A/C.3/55/L.8/Rev.1).
The following were added as co-sponsors: Argentina, Armenia, Bosnia and Herzegovina, Costa Rica, Croatia, Dominican Republic, Kenya, Latvia, Liechtenstein, Lithuania, Madagascar, Malta, Marshall Islands, Norway, Republic of Korea, Republic of Moldova, South Africa, Sri Lanka, Thailand, The former Yugoslav Republic of Macedonia and Uruguay.
Action, Draft on Criminal Misuse of Technologies
The representative of Mexico said that her delegation attached great importance to the subject of the draft and supported the initiative. She hoped that references in the text to the important contribution of the United Nations and its relevant agencies would lead to a consideration of the struggle against the misuse of information technologies as a matter for creating better awareness of the issue. She hoped it would also lead to the adoption of global initiatives.
The representative of Antigua and Barbuda said that certain elements of the draft were cause for grave concern to Caribbean Community (CARICOM) States, particularly references to meetings that had been held by the Group of 8 highly industrialized countries to finalize the substance of the text. He said that no effort had been made to involve other countries in the process. If the United Nations was to be an organization of equals, then equity must be practised at all levels. The perspectives of all States must be considered. Were the CARICOM and other smaller States to believe that this was another case of “might makes right”? He reserved the right to study the resolution more carefully to ensure that it had been drafted in the best interest of global society. He also reserved the right to speak or vote on this issue in plenary.
The draft resolution was adopted without a vote.
The representatives of Belize and Barbados joined in the consensus, but supported the statement of the representative of Antigua and Barbuda, and reserved the rights to speak on the issue again in plenary.
Action, Draft on Fourth World Conference on Women
The Vice Chairperson, Sarah Paterson (Ireland) introduced a draft resolution on implementation of the outcome of the Fourth World Conference on Women (document A/C.3/55/L.28), which included a number of technical revisions.
The draft resolution was adopted as orally amended, without a vote.
The representative of Venezuela asked for technical revisions to the Spanish-language text of the draft.
The Committee next took up a draft resolution on the girl child (document A/C.3/55/L.17) which had been introduced earlier by Namibia.
The following were added as co-sponsors: Algeria, Antigua and Barbuda, Austria, Azerbaijan, Belarus, Bolivia, Brazil, Burkina Faso, Cambodia, Côte d’Ivoire, Japan, Madagascar, Mali, Malta, Panama, Poland, Republic of Moldova, Suriname, Togo, Tunisia and Uzbekistan.
The draft resolution was adopted without a vote.
Action, Draft on Indigenous People
The Committee next turned to a draft resolution on the International Decade of the World’s Indigenous People (document A/C.3/55/L.19). The Secretary drew the Committee’s attention to a number of technical revisions that had been requested at the time the draft was introduced.
The following were added as co-sponsors: Dominican Republic, Germany, Ireland, Italy, Paraguay and the Russian Federation.
The draft resolution was adopted as orally corrected without a vote.
The representative of Guatemala stressed the importance that it attached to the well-being of the world’s indigenous people and the necessity of establishing the Permanent Forum on Indigenous Issues. To that end, the delegation felt that paragraphs of the draft dealing with the Forum should have been elaborated, particularly as regarded the financial implications, so that important body could be established as soon as possible.
Action, Draft on Elimination of Racial Discrimination
The Committee next took up the draft resolution on the international Convention on the Elimination of All Forms of Racial Discrimination (document A/C.3/55/L.24), introduced earlier by Belgium.
The following were added as co-sponsors: Antigua and Barbuda, Bangladesh, Benin, Burkina Faso, Congo, Dominican Republic, Fiji, Guatemala, Israel, Lesotho, Liberia, Madagascar, Marshall Islands, Mongolia, Morocco, New Zealand, Norway, Panama, Republic of Korea, Republic of Moldova, San Marino, Solomon Islands and Togo.
The draft resolution was adopted without a vote.
The representative of the United States said that his country had been among the first to establish task forces to deal with the issue of racism. He said that his delegation joined the consensus, but would not be able to co-sponsor the draft resolution because of language on the removal of reservations from international conventions. He said that States themselves should be able to determine which treaties they adopt or ratify, as well as how reservations were handled. His delegation preferred the recognized language of “considering” removal of reservations, rather than a request for removal. Finally, his delegation was concerned about some of the broad terminology used in the draft.
Action, Draft on Universal Right to Self-Determination
Next, the Committee took up the draft resolution on the universal realization of the right of peoples to self-determination (document A/C.3/55/L.22).
The following were added as co-sponsors: Armenia, Bahrain, Comoros, Democratic Republic of the Congo, Djibouti, Dominican Republic, Ethiopia, Kenya, Liberia, Niger and Nigeria.
Yemen was removed form the list of co-sponsors.
The representative of Argentina said that his delegation supported the right to self-determination, but that the exercise of that right should not shatter the national or territorial sovereignty of States.
The draft resolution was adopted without a vote.
Action, Draft on Use of Mercenaries
The Committee then took up the draft resolution on the use of mercenaries as a means of violating human rights (document A/C.3/55/L.23) which had been introduced earlier by Cuba.
The following were added as co-sponsors: Comoros, Dominican Republic, El Salvador, Madagascar and Pakistan.
It was announced that a recorded vote had been requested. The draft resolution was then adopted by a recorded vote of 92 in favour to 16 against, with 33 abstentions [Annex].
The representative of Bulgaria said that her vote should be reflected as an abstention.
The representative of the Philippines said that her vote in favour of the resolution had not been reflected.
The representative of France (on behalf of European Union and associated States) said that, while the delegation supported the concerns of the Special Rapporteur on the impact of mercenaries, unfortunately, it could not support the draft resolution. It was regrettable that the authors of the text had held no consultations with other delegations. Moreover, the Union doubted that the Third Committee was the place to have a debate on issues dealing with mercenaries. Perhaps the Sixth Committee (Legal) was a better place for such debate.
Statements
BERND NIEHAUS (Costa Rica) said the focus of the United Nations should now be on protection of human rights. All violations and abuses must end, including wars and tortures, restrictions on freedoms and inequalities between men and women. Guarantees and fundamental freedoms arose from the inherent nature of the person. There should be no restrictions on Member States concerning the protection of those rights. Costa Rica had banned the death penalty 130 years ago. Extreme poverty was never a justification for the violation of rights, but it created the conditions that encouraged violations. Sustainable development was the answer, including access to opportunities pursued as part of a national programme. Above all, it was now time to move from rhetoric to action.
ALFONSO VALDIVIESO (Colombia) said the major challenge for governments was not to expand legislation but to make laws part of human behaviour. Human rights had been affirmed, but, for a number of reasons, countries faced difficulties in meeting the challenge. Some countries were emerging from a period of dictatorship. Others were living though armed conflicts with large numbers of refugees and displaced persons among them. Of course, the challenge was harder for countries undergoing economic hardship because of adverse market conditions than it was for other countries. Finally, some countries were more plagued than others by modern evils such as illegal substances, health epidemics and environmental degradation.
Regardless of those circumstances, he said all States must promote universally recognized human rights by endowing citizens with democratic and transparent institutions, creating favourable economic conditions for development, and managing the modern problems that threatened people's livelihood. Before rushing to judgement over particular human rights situations in the world, the omissions in one area should be compared with achievements in others. The extent of social problems should be compared with the efforts showing resolve to overcome them. Efforts to preserve democracy should be weighed against efforts to suppress it, for example, by taking stock of the extent to which civil society was allowed to operate freely.
In short, the particular circumstances in countries and situations must be taken into consideration. A difference of opinion would continue over the means to enjoy human rights, but the efforts of governments must be considered from the perspective of how committed they were to nurturing and promoting rights. His own Government was implementing a policy for promoting rights by applying international humanitarian law, he concluded. It was also working with the international community and applying the ambitious Plan Colombia, aimed at uniting the country on four fronts: economic recovery; negotiation of armed conflict; fighting the drug problem; and strengthening national institutions.
PAIMANEH HASTAIE (Iran) said that the issue of cultural diversity and human rights might be analysed from different perspectives within different disciplines and value systems. The notion of human rights might be viewed by some as cause for polemical discourse. Apparent uncertainties and misconceptions required the international community to initiate a purposeful and forward-looking dialogue in order to foster broader understanding of the nature and scope of those issues. It was her hope that the thinkers, experts and diplomats would undertake further studies to shed more light on them, paving the way for building a solid basis at the United Nations for a universal vision of human rights.
The issue of cultural diversity was now an established part of the broader concept and process of globalization, as cultural relationships were no longer restricted to territorial boundaries. That phenomenon had been accompanied by tendencies and temptations to universalize certain cultures and validate claims through globalized markets and means of communication. Those symptoms, deriving from cultural essentialism, clearly jeopardized cultural identity in all regions, and reminded us of the potential threat of the assimilation of entities worldwide. That threat became more serious when new technologies were used to stereotype certain cultures, religions or value systems. One should be careful of cultural essentialism, she warned. She emphasized the urgent need to develop a new analytical approach to cultural diversity, with a view to collective responsibility for shaping a new international order to achieve the goals and objectives of the Charter.
MARIA LUIZA RIBEIRO VIOTTI (Brazil), speaking on behalf of the Southern Common Market (MERCOSUR), said that member States of the group had undertaken measures to integrate and strengthen the democratic process at all levels. Those efforts were proof of their Governments’ desire to guarantee a democratic climate essential for gaining and sustaining development. She said that the international community should keep the fundamental principles of the World Conference on Human Rights in sight, at all times, in its efforts to promote and protect human rights. All human rights were indivisible, and account should be taken of diversity. She stressed that, while development was essential to the enjoyment of human rights, a lack of sustainable development should not be used as an excuse to justify the non-pursuit of full-scale human rights. The challenge before the international community was to translate the words of the Millennium Declaration into actions. There was also a need to strengthen human rights mechanisms, as well as efforts on the national and regional levels.
YAACOV PARAN (Israel) reiterated the need for a redoubled global effort to halt the spread of HIV/AIDS. He said that, in his country, a multilingual society with three major monotheistic religions represented by various levels of religious conservatism, AIDS prevention and education presented a challenge. The objective was to prevent infection and reduce the social impact of infection. Health centres had been set up while legislative measures protected confidentiality and employment.
To overcome religious complexities, however, he said prevention initiatives were targeted to the cultural and religious context of those being addressed. For example, a programme for the religiously-conservative presented AIDS as an immune-system disease. That allowed both trainers and authorities to build trust with the audience before addressing sensitive sexual issues.
OUCH BORITH (Cambodia) said his country had just begun to emerge from wars and turmoil. Democracy and human rights should be in harmony with the cultural particularities, traditions and levels of development of countries. A draft Memorandum of Understanding was being drawn up with the Office of the United Nations High Commissioner for Human Rights in Geneva, which aimed to improve cooperation based on mutual respect, including for Cambodia's sovereignty.
His country had insisted on technical assistance from the Office because of a wide discrepancy between the official mandate and that in practice. The prejudices of the officer in charge of the United Nations High Commissioner for Human Rights Office in Cambodia had combined with the opposition party's hunger for political gains and with the media's thirst for sensation. Explosive terms such as impunity had been bandied about, based on hearsay and unconfirmed proof. That had changed with the 1998 election, declared by the international community to be free and fair. Still, the draft resolution on his country contained language that was untrue.
He vigorously protested the charge of impunity, the accusation of the Government's interference in courts, the threat against minorities and violations of the rights of protesters. He said there had been instances of competent authorities ending illegal rallies, but observers often forgot that the demonstrators had violated the law of the nation to begin with. Human rights intervention should be regarded in the same light as humanitarian intervention. In both cases, standards must be applied justly, equally and universally. They should not be subject to the whim of certain powers.
AICHA AFIFI (Morocco) said human rights had been affirmed by consensus as indivisible. The 2001 World Conference would be an opportunity to strengthen the indivisibility of human rights. Morocco had signed the protocols to the Convention on the rights of the child and had signed the Convention on the International Court.
She said the United Nations regime on human rights had made a lot of progress, but much remained to be done. Morocco's constitution had been revised to reflect international human rights instruments. Since succeeding his father, King Mohammed VI had taken measures to reaffirm human rights. He had noted that human rights were not a luxury, but a requirement based on the need for progress. He had also called for compensating victims of abuse. Morocco's national laws had been harmonized in line with international norms. They encompassed freedoms such as that of the press, and safeguards such as prison reform. They provided for recourse in cases of abuse. A national programme had also been drawn up to include human rights in education and in the media.
VICTORIA POPESCU (Romania) said her country's programme for 2001-2004 was targeted at consolidating respect of citizens’ rights and ensuring justice as well as social cohesion. It also included provisions for implementing equal opportunities for women and men.
She said that, during the Millennium Assembly, her country had signed both optional protocols to the Convention on the Rights of the Child, and had also signed the Convention on the Elimination of Discrimination against Women. Recent legislation had been instituted to protect minorities through educational and property restitution measures. In preparation for the 2001 World Conference against Racism, national measures were being instituted to build a multicultural, tolerant and democratic society. The Stability Pact for South-Eastern Europe was instrumental in building that kind of atmosphere within the whole region through well-established structures and mechanisms, along with a wide range of action-oriented projects building a renewed vision of the region's identity.
Right of Reply
Exercising his right of reply to statements made by the representative of Kuwait in this morning’s dialogue segment, the representative of Iraq said that rather than dispute figures, he would inform the Committee that there were no Kuwaiti prisoners in his country. Iraq had complied with the relevant Security Council resolution of 1991 that called on the country to free all prisoners or detainees -- Kuwaiti or otherwise. Those persons had been taken to their respective countries under the auspices of the International Committee of the Red Cross (ICRC). The question was, now, of persons that were missing or who had disappeared, not one of prisoners. Iraq had established a Modified Plan of Work in order to pinpoint the fate of military personnel or civilians who had disappeared. It had codified measures related to the gathering of relevant information in that regard. What was discovered was that there were 627 missing persons all told, not 650, as the Kuwaiti representative had stated. Available information had even led to the closing of some pending cases. The matter could be resolved, but only if the Kuwaiti Government abandoned its policy of claiming that persons identified as missing were actually being held prisoner in Iraq. He pointed out that the longer the matter remained unresolved, the higher the price to be paid by the suffering families of missing persons, as they awaited conclusive information.
The representative of Kuwait said he had stated that the number of prisoners being held in Iraq was 605, not 650. He said it was important to note that withdrawing Iraqi soldiers had left behind a number of official documents that contained arrest records which listed the 605 still being held prisoner in Iraq. While Iraq claimed that Kuwait was supplying incorrect information, it was also important to note that the Council resolutions still stood. The ICRC was still requesting Iraq’s cooperation. He also noted that that following the death of a Kuwaiti national imprisoned in Iraq, documents recording that death were returned to Kuwait in 1994 -- after a denial of the existence of any prisoners at all. In fact, the repatriation of the body of the deceased all but confirmed that prisoners were still being held in Iraq. If Iraq did not want to politicize the issue, then it should express its goodwill by releasing all the prisoners as well as obeying the request of the ICRC. Iraq should also resume collaboration with the Tri-Partite Commission. The representative of Kuwait said that his delegation saw this as purely a humanitarian issue.
Exercising his right of reply, the representative of Syria said that his delegation had listened carefully to the European Union’s statement on human rights at this morning’s meeting. His delegation welcomed ongoing dialogue and cooperation with the Union. He said that, on several occasions, Syria had expressed the notion that the question of human rights should be considered to be above all political and selective considerations. Indeed, there was no oasis in the world that could provide shelter from an international community determined to promote and protect human rights. With that in mind, perhaps the European Union should make greater efforts to study the human rights situations within the borders of its own member States. He went on to say that Syria’s constitution guaranteed such freedoms as the freedom of expression and the right to assemble, as well as peaceful demonstrations.
The representative of Nigeria said he would like the Committee to take note of the fact that the issues the European Union had addressed this morning were being addressed within the democratic processes and the constitutional provisions of the federal republic of Nigeria. The present administration was committed to the rule of law and due process, as well as to the protection and promotion of human rights and the fundamental freedom of its people.
The representative of Saudi Arabia said it was regrettable that, at a time when the international community was trying to strengthen the dialogue among civilizations, the European Union would assess the situation of human rights in many countries using the Union’s own experience as its sole criteria. The Union was forgetting that other countries were different in their convictions and values, and had learned and developed through their own history. In particular, the Union continued its tendency to criticize the human rights situation in his country, while being totally ignorant of the realities. Saudi Arabia applied the Islamic sharia in all walks of life. That doctrine ensured the maximum standards of human rights protection. That country had also acceded to the Committee on the Elimination of Discrimination against Women and was in the process of taking steps to join other international conventions.
The representative of Congo said she was pleased with the fact that the European Union had taken interest in the human rights situation in her country. In light of the question of those who had disappeared, she did not object to having greater light shed on the situation. But that light should be a global one that shone on the entire situation and took into account all those who had disappeared in the three armed conflicts the Congo had known. Her country had constantly asserted the will of its leaders to work for reconciliation, peace and the reconstruction of the country, as well as the re-launching of the democratic process. She added that elections would be held in 2001. Peace, she said, was the credo of the President and nothing could divert him from it. She called upon the international community to support those and other efforts of her Government.
The representative of Iraq refuted the allegation that remains of a Kuwaiti national had been returned to his country. He said that Iraq was always prepared to go into the case files, but any follow-up on the issue must be done under the auspices of the ICRC.
The representative of Kuwait confirmed that his Government would be willing to open its prisons and detention centres to the Special Rapporteur and the ICRC at any time. Was Iraq ready to do the same? he asked. He said that Kuwait was asking Iraq for nothing more than the release of the prisoners, and insisting upon the need to work towards the stability and security in the region. He also called on Iraq to resume cooperation with the Tri-Partite Commission.
The representative of the Democratic Republic of Korea said that, regrettably, the European Union had once again made stereotyped accusations concerning human rights in his country. He rejected the Union’s findings, noting that the Union was using the human rights situation to meddle in the affairs of other States. If the union were truly interested in resolving human rights issues, it should respect diversity and freedom of choice. The Union would be well advised not to accuse other countries of human rights violations, acting as if it were the “one judge” of human rights. It should look at the reality of situations in different countries with a respect for diversity.
ANNEX
Vote on use of mercenaries to violate human rights
The draft resolution on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination (document A/C.3/55/L.23) was adopted by a recorded vote of 92 in favour to 16 against, with 33 abstentions, as follows:
In favour: Algeria, Argentina, Armenia, Azerbaijan, Bahrain, Bangladesh, Barbados, Belarus, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cambodia, Cape Verde, Chile, China, Colombia, Comoros, Congo, Costa Rica, Côte d’Ivoire, Cuba, Democratic People’s Republic of Korea, Democratic Republic of the Congo, Dominican Republic, Ecuador, Egypt, Eritrea, Ethiopia, Fiji, Gambia, Guatemala, Guinea, Guyana, Haiti, India, Indonesia, Iran, Jamaica, Jordan, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Lebanon, Libya, Madagascar, Malaysia, Maldives, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nigeria, Oman, Pakistan, Panama, Paraguay, Peru, Qatar, Russian Federation, Saint Lucia, Samoa, Saudi Arabia, Senegal, Singapore, South Africa, Sri Lanka, Sudan, Suriname, Swaziland, Syria, Thailand, Togo, Trinidad and Tobago, Tunisia, United Arab Emirates, United Republic of Tanzania, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Belgium, Canada, Czech Republic, Denmark, Finland, Germany, Hungary, Iceland, Japan, Luxembourg, Netherlands, Norway, Poland, Sweden, United Kingdom, United States.
Abstain: Andorra, Antigua and Barbuda, Australia, Austria, Croatia, Cyprus, Estonia, France, Georgia, Greece, Ireland, Italy, Kazakhstan, Kenya, Latvia, Liechtenstein, Lithuania, Malta, Marshall Islands, Monaco, New Zealand, Portugal, Republic of Korea, Republic of Moldova, Romania, San Marino, Sierra Leone, Slovakia, Slovenia, Spain, The former Yugoslav Republic of Macedonia, Turkey, Ukraine.
Absent: Afghanistan, Albania, Angola, Bahamas, Bosnia and Herzegovina, Burundi, Cameroon, Chad, Djibouti, Dominica, El Salvador, Equatorial Guinea, Federated States of Micronesia, Gabon, Ghana, Grenada, Honduras, Israel, Kiribati, Lesotho, Malawi, Mali, Mauritius, Nauru, Nicaragua, Palau, Papua New Guinea, Philippines, Rwanda, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Sao Tome and Principe, Solomon Islands, Tajikistan, Tonga, Turkmenistan, Tuvalu, Uganda, Vanuatu.
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