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27 October 2000
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Fifty-fifth General Assembly
Third Committee
27 October 2000
39th Meeting (PM)
The importance of democracy to human rights could not be overemphasized, the representative of Japan told the Third Committee (Social, Humanitarian and Cultural) this afternoon as it continued considering issues related to human rights.
Democracy promoted people’s participation in governance and development, Japan’s representative continued. Integrating the rights perspective into development introduced the principles of accountability and empowerment, which strengthened the development programme. As the Independent Expert on the right to development had proposed, a step-by-step approach addressing the three basic rights to food, health and education reflected the right priority.
The rule of law and good governance should also be given priority, he concluded. To support democratic elections, Japan provided personnel, training and resources to support democratic elections. It had supported some 40 elections around the world since 1994, in addition to fostering the pursuit of human rights and democracy, for example through research grants.
Unprecedented human development in the last century had been marked by progress in human rights, Mongolia’s representative said. Today, three quarters of the world lived under democratic regimes showing advances in the rights to schooling and basic health care. Many of those human rights advances had come through the United Nations, including through the Universal Declaration of Human Rights and a host of international instruments.
However, laws and declarations did not guarantee human rights, he continued. Effective implementation at the local and national levels depended on cooperation, with States leading the promotion of rights through international instruments. The unprecedented number of treaty actions during the Millennium Summit had been encouraging.
Ratification of human rights instruments was one thing, implementation another, said Rwanda’s representative. In Rwanda’s 1994 genocide, more than a million people had perished in less than 90 days, even though the Convention on punishment of the crime of genocide had been ratified and acceded to by the majority of States. The emerging international consensus on the inapplicability of the principle of non-interference in internal affairs was in the right direction. What had happened in Rwanda could not be reversed, but the lesson for the international community was that a culture of impunity must not be tolerated.
Others addressing the Committee in the general human rights debate were the representatives of Brazil, Guatemala, Norway, Australia, Syria, Chile, Latvia and Mali.
A representative of the United Nations Population Fund (UNFPA) also spoke.
Speaking in exercise of their right of reply were the representatives of the Lao People’s Democratic Republic, Iraq, Sudan and China.
Finally this afternoon, the Committee heard the representative of Denmark introduce a resolution on torture and other inhuman treatment.
The Committee will meet again at 10 a.m. on Monday, 29 October, to continue considering aspects of human rights, including alternative approaches, human rights situations, the Vienna Platform and the High Commissioner’s report.
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 is 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.)
In addition, the Committee has before it a draft resolution expected to be introduced on torture and other inhuman treatment (document A/C.3/55/L.30). The draft would have the Assembly stress that all allegations of torture and such treatment should be promptly and impartially examined by a competent national authority. It would urge States to become parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and to comply with the obligations under it. It would further urge States to take fully into account the comments of the Committee against Torture after it reviewed their reports, and would urge the inter-sessional open-ended Working Group developing the draft optional protocol to the Convention to complete a draft as soon as possible.
Finally, by the draft, the Assembly would stress the need for exchange of views between the Committee, the Special Rapporteur and other parties within the United Nations system, also stressing the importance of the Board of Trustees of the Fund, appealing to all governments for contributions to it. An annex to the draft contains the principles on the effective investigation and documentation of torture.
The draft is sponsored by Afghanistan, Angola, Argentina, Armenia, Austria, Azerbaijan, Bangladesh, Belarus, Belgium, Benin, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Finland, France, Germany, Greece, Guatemala, Iceland, Ireland, Italy, Latvia, Liberia, Liechtenstein, Lithuania, Luxembourg, Monaco, Mongolia, Netherlands, New Zealand, Norway, Panama, Portugal, Republic of Korea, Republic of Moldova, Romania, San Marino, Senegal, Slovakia, Slovenia, South Africa, Spain, Sweden, The former Yugoslav Republic of Macedonia, United Kingdom, United States and Venezuela.
Introduction of Draft Resolution
The representative of Denmark introduced the draft resolution on torture and other cruel, inhuman or degrading treatment or punishment (document A/C.3/55/L.30).
The following were added as co-sponsors: Australia, El Salvador, Georgia, Hungary, Uganda and Ukraine.
Statements
MARCELA NICODEMOS (Brazil) said every year the Committee’s attention was drawn to appalling reports that would cause anyone committed to protecting human dignity to shudder. One of the most important cornerstones of United Nations work in the field of human rights was the recognition that the dignity of the human being was a value to be protected above all others. The international community had reaffirmed its commitment to that principle by adopting the outcome of the World Conference on Human Rights, which had highlighted the universality of human rights.
Unfortunately, there were still attempts to hide human rights abuses by resorting to the principle of non-interference or by distorting the meaning of sovereignty as enshrined in the Charter. Others obscured their record on human rights issues in a more direct way: they merely placed themselves above scrutiny, as if their record were perfect. If Member States were truly serious about protecting human rights, she said, they should not glance at the reports before the various committees. They should instead study those reports thoroughly and, with the active participation of civil society, make a concerted effort to change reality on the ground.
The Brazilian Government and civil society were deeply committed to democracy, the rule of law and the protection of all human rights and fundamental freedoms. This year, Brazil had strengthened its cooperation with the United Nations human rights system, and had welcomed a visit from the High Commissioner for Human Rights. The Government had also submitted its initial report to the Committee on Torture. At the domestic level, Brazil had maintained its momentum in implementing the Human Rights Action Plan. One ongoing and innovative initiative was the creation of human rights monitoring centres. Those centres would draw up “citizens’ reports” aimed at monitoring the situation of human rights and human development throughout the country. The initiative would integrate non-governmental organizations, universities and governmental agencies in the bid not only to detect violations but to work towards finding solutions. She believed the initiative would help give practical meaning to human rights through a broad-based partnership at the grass roots level.
OCHIRYN ENKHTSETSEG (Mongolia) said the outgoing century had witnessed unprecedented levels of human development. One hallmark of those achievements had been progress in the promotion of human rights. Today three quarters of the world lived under democratic regimes, and there had been much progress towards advancing the right to schooling and basic health care. Many of those advances in the area of human rights had come through the work of the United Nations and its specialized agencies. The Universal Declaration of Human Rights had been followed by a host of important international human rights instruments. However, laws and declarations could not guarantee human rights. Effective implementation of the human rights instruments at local and national levels through cooperation and partnership was crucial.
Member States had the lead role in promoting and protecting human rights by adhering to the principle of international instruments. It was encouraging that an unprecedented number of treaty actions had taken place during the Millennium Summit. His own country had signed the Optional Protocol to the Committee on the Elimination of Discrimination against Women. It had recently submitted the Convention against Torture to its Parliament. The Government’s commitment to the promotion of human rights was further embodied by a number of action plans adopted as follow-up to the various global conferences of the 1990s. Regional cooperation and arrangements for protecting human rights were also important. With that in mind, he reiterated his delegation’s keen interest in continuing to cooperate with the Office of the High Commissioner for Human Rights in the four main areas of action identified in the Framework for Regional Cooperation: development of national plans of action for human rights; strengthening of national human rights institutions; human rights education; and the development of strategies for promoting economic, social and cultural rights and the right to development.
HIDEAKI KOBAYASHI (Japan) said the importance of democracy to human rights could not be overemphasized. Strengthening democracy promoted participation of people in governance and development. It also led to promoting and protecting human rights. The right of all people to take part in their country’s government through free and regular elections should be universally recognized. To support democratic elections, Japan dispatched personnel, provided financial assistance and electoral training, and supplied materials and equipment. Since 1994, Japan had provided electoral support to about 40 regions around the world. It also supported intellectual activities related to human rights and democracy, such as through research grants in those fields.
He welcomed the theme of human rights and development as this year’s human development report by the United Nations Development Programme (UNDP). It resulted from the integration of the human rights perspective into the field of development. It introduced the principles of accountability and empowerment, equality and non-discrimination, which would strengthen the development programme. He agreed with the report’s conclusion that inclusive democracy was the best mechanism for advancing and securing human rights.
To realize the human right to development, he said the need for cooperation between developed and developing countries could not be overemphasized. The central subject of development was the human person, he noted; it was not the right of developing countries to economic assistance. International assistance would be provided to governments striving to create the conditions enabling their people to exercise the right to development. Further, since that right would not be achieved overnight, priorities must be set. The Independent Expert on the right to development was correct to advise a step-by-step approach, starting with a focus on three basic rights, namely the rights to food, health and education. The rule of law and good governance should also be given priority.
Finally, he welcomed Cambodia’s efforts to promote and protect human rights and democracy. He also welcomed the success of Cambodia’s talks with the United Nations regarding the trial of Khmer Rouge leaders. However, Cambodia’s capacities for nation-building were impaired by 10 years of civil war. Japan would continue to support Cambodia’s efforts and would urge others to do the same. And while much remained to be done in both Myanmar and Iran, positive steps there were heartening.
LUIS CARRANZA-CIFUENTES (Guatemala) said the instruments for human rights and the mechanism to protect them had been used in his country to bring about the end of armed conflict that had plagued it for years. The Human Rights Commission had been strengthened to support national actions, in line with the international instruments. The follow-up regimen for post-conflict situations was a large part of the national reconciliation process. A number of actions had been implemented in his country, including establishment of the Historical Truth Commission that arranged for reparations to people who had been wronged.
The lack of financial resources was a main impediment to instituting human rights guarantees, he said. Even so, there could be no doubt about his Government’s commitment to meeting all its obligations in the field of human rights.
ROALD NÆSS (Norway) said human rights were obligations undertaken by States. No avenue must be left unexplored in efforts to implement those obligations. Combating racism and racial discrimination was high on his country's agenda. Norway was addressing all aspects of those two issues through initiatives for law reform, institution-building, the strengthening of monitoring functions and stimulation of debate at the local and national levels. There was, however, room for improvement in every single Member State, and he hoped the upcoming World Conference on racism in South Africa next August would provide a real impetus for such improvement. Next year would also see the Children's Summit at the United Nations. It was pleasing to note that a large number of States had already signed the two Protocols to the Convention on the Rights of the Child. He hoped those two instruments would be universally ratified.
Violence against women cut across cultural and religious barriers and took a variety of forms. Such acts could not be seen as a private matter between individuals, but as pervasive human problems that required State intervention. Also, the violation of children's rights -- particularly when they faced or even used guns -- served as warning bells for the urgent need to achieve greater respect for human rights in all parts of the world. His Government also urged all States that had not abolished the death penalty to do so. Norway had entered into dialogue on human rights with a number of countries and valued the opportunity of addressing related issues directly with its partners.
PENNY WENSLEY (Australia) said that since the Committee last met, the world had been reminded once again that citizens would eventually bring to task governments which ignored their responsibility to promote and protect fundamental human rights. Yugoslavia was the most recent and salient demonstration, and her country would add its voice to those who had welcomed Yugoslavia's rejection of a corrupt, authoritarian regime. Her country also applauded the emphasis that the democratic forces in Yugoslavia had given to human rights and the rule of law. With the establishment of sound institutions and government practices, Yugoslavia would be able to return to the family of nations and its people to the enjoyment of the full spectrum of human rights.
Elsewhere, including in the South Pacific, there had been setbacks and turbulence. Once again, the world had witnessed what happened when the central pillars of good governance -- the rule of law, participatory government, accountability and transparency –- were not solid. Social cohesion, respect for the human rights of other groups within a population, and the international reputation of the nation State concerned could crumble with remarkable speed. It was gratifying that the Human Rights Commission this year formally recognized those inseparable links between good governance and the observance of human rights. She looked forward to cooperating with other governments, particularly in the Asia-Pacific region, to find practical ways of giving good governance the priority it deserved.
In Fiji, her country remained concerned about the impact the May coup would have on the country's political, economic and social institutions. Her country was keen to see an early restoration of Fiji's democratic and constitutional governance. It welcomed the peace agreement signed by the parties to the conflict in the Solomon Islands on 15 October, and had pledged to continue to support the peace process. The agreement was another useful step forward, but ultimately, only the Solomon Islands could address the complex cultural problems underlying the ethnic tension. Also welcome was Indonesia's progress towards establishing a more just, open and accountable society.
She said she remained deeply concerned about the human rights situation in a number of areas in Indonesia, including Maluku. She urged the Indonesian Government to take whatever steps were necessary to resolve the situation in
West Timor, including by ending militia activity, bringing to justice those responsible for crimes, creating the conditions for the return of humanitarian workers, and resolving the refugee situation. Likewise, the situation in Burma continued to be of great concern to Australia. In Cambodia, while steps had been taken to allow criminal prosecutions of the police and security forces, much remained to be done to address the continuing culture of impunity and lack of consistency in implementing the rule of law.
Continuing, she said that while her country acknowledged the progress made by the Chinese Government towards greater accountability and transparency of its legal and administrative systems, deep concern remained about continued infringements of citizens' freedom of opinion, belief, assembly and association, in contravention of the two main human rights instruments signed by that Government. Continued reports of torture and the extensive use of the death penalty, even for minor crimes, were also disturbing. She urged China to provide for the protection of the cultural and religious freedoms of minority groups, a matter of particular interest to Australians.
RANIA HAJ ALI (Syria) said that since the interrelationship of human rights with other rights -- including the right to development -- had been agreed upon as far back as Vienna, it was troubling that certain quarters ignored States which sought to exercise their right to self-determination. The international community should treat the exercise of all rights in a just, comprehensive manner, without double standards. When it assessed issues of human rights it should take into account regional factors, as well as religious and cultural practices. She was deeply concerned at the selectivity of the approach to human rights issues, particularly the continued practice by some States of harassing or meddling in the affairs of others under the pretext of humanitarian intervention. Such interference in State sovereignty was contrary to the supposed aims and goals of the international community. An objective and non-selective approach to human rights was the best way to bring about nations together. It was also important in the promotion of enhanced international cooperation to implement the Vienna Declaration and Plan of Action. Syria, she continued, abided by those and other international instruments. It practised democracy and promoted rights within the framework of political pluralism. It also gave high priority to women’s issues and to their role in society.
The United Nations played an important role in promoting human rights as well as combating all forms of discrimination, including ethnic cleansing and deportation. The Organization should also pay particular attention to the issue of foreign occupation. The United Nations had a duty to ensure the accurate implementation of international human rights instruments and to guarantee that its subsidiary bodies and specialized agencies did not deviate from the standards prescribed by the General Assembly. She added that this particularly applied to special rapporteurs and special representatives. It should promote broad consideration over narrow interests by denouncing double standards in dealing with violations of civil rights. Finally she said that Syria was deeply concerned by the situation in the Palestinian occupied territories. Israel should not be allowed, under any circumstances, to continue the killings in that area.
EDUARDO TAPIA RIEPEL (Chile) said his country firmly intended to make further progress in the realization and expansion of the country's human rights and fundamental freedoms. The Government's main concern was that those benefits should be enjoyed by the people so that there would be greater social justice, solidarity and equity for all. Since 1990 Chile's external policy had been characterized by its support for the development and further improvement of the various international instruments for the protection of human rights, as well as the monitoring mechanisms created by the United Nations. The efforts of the Organization to prevent and redress national situations involving grave and systematic forms of human rights violations deserved "our complete support and unreserved collaboration", he stressed.
He said neither the lack of development nor cultural particularities could be used as pretexts to justify limitations on the human rights delineated in the Universal Declaration of Human Rights, and the various related conventions. Universality meant responsibilities. Chile had assumed those responsibilities without hesitation, as evidenced by its commitment to regional and global instruments for the defence of human rights and democracy and for the elimination of racism, xenophobia and other forms of discrimination. It was hosting the upcoming American Regional Preparatory Conference for the Durban World Conference against racism in August 2001. In addition, his country had promoted the protection of the environment as a third-generation human right, among other emerging rights.
AUGUSTUS MUSENGA (Rwanda) said ratification of human rights instrument was one thing; implementation was another. If a State took the initiative to sign and ratify a human rights instrument, it should live up to its commitments. In 1994 there was genocide in Rwanda. More than a million people perished in less than
90 days, even though the Convention on punishment of the crime of genocide had been ratified and acceded to by the majority of States. That genocide could take place in Rwanda while the international community looked on was beyond understanding. He was pleased by the emerging international consensus that, in the case of genocide, the issue of sovereignty and non-interference in internal matters should not exist.
What had happened in Rwanda could not be reversed, but the international community should learn a lesson from that experience. The culture of impunity must not be tolerated. He thanked the international community for creating the International Criminal Tribunal for Rwanda and said his Government and people were waiting for justice to be done. Strengthening the justice system would help foster respect for human rights and contribute to long-term peace and stability. The Government had trained judges and created a national police, prosecutors and investigators, and would soon support conventional courts with "Gacaca courts" -- a form of participatory justice. Gacaca courts were instituted because the caseload of prisoners could not be dealt with in the conventional courts.
The Government, in a bid to protect the legal rights of women and girl children, had passed a law on inheritance and the right to succession. The law also sets a precedent for future gender-sensitive legislation. The Government had also established a constitutional commission. A good and durable constitution would reflect the views of all the people of Rwanda. Further, Rwanda was party to the Convention on the Rights of the Child. It was avoiding the mistakes of the previous Government, when children had been taught to kill. Children below the age of 14 who had participated in the genocide had been taken to rehabilitation. Those who were traumatized had been offered counseling services. A national human rights commission was established to instil in the Rwandese people a respect for human rights. Human rights issues should not be exploited for political ends. There must be respect for the cultural values of others, taking into consideration their historical background, beliefs and economic situation.
JANIS PRIEDKALNS (Latvia) said that recent national legislation had facilitated the integration of Latvia's society. In education, her Government had supported minority-language schools, in full compliance with human rights obligations, including those upheld by the International Covenant on Civil and Political Rights and the European Convention on Human Rights. The education law allowed schools to choose among several minority education models, and
State-financed secondary education was available in eight minority languages. Latvia's laws also provided for an independent judiciary in which State interference was not permitted, and all persons were equal under the law. War crimes, crimes against humanity and genocide were investigated retroactively, regardless of the ideological affiliation or ethnic origin of their perpetrators.
Hopefully, the day would come when baseless allegations against nations would cease at the United Nations. Latvia refuted the earlier allegation made by the representative of the Russian Federation concerning human rights issues in Latvia. The content of that allegation had been disproved in United Nations document A/54/776 of 3 March. She wished, however, to draw attention to the "grave violations" of human rights committed by the Russian Federation in Chechnya, as documented by the High Commissioner for Human Rights. As a member of the Commission on Human Rights, her country had supported the independent inquiry into the alleged violations. It aligned itself with the inquiry's report and with its expressed wish to resolve that serious situation. Continuing reports of human rights violations in Chechnya must be promptly addressed by the Russian authorities, in accordance with international law and the human rights treaties and conventions to which the Russian Federation was a party.
Her country took pride in its human rights record, particularly when viewed in the historical context of the human rights violations committed by totalitarian occupation regimes in Latvia in 1940, which had significantly altered the country's ethnic population. Latvia's citizenship and language laws conformed with the standards upheld by the Organization for Security and Cooperation in Europe (OSCE), whose recommendations regarding naturalization, citizenship and State language had been met. Indeed, specialized United nations agencies, the OSCE and the Council of Europe had endorsed Latvia's progress in that regard. The country continued to take a firm and principled approach to building a State based on democracy, openness and the rule of law -- and that could equally be said of its "sister States", Estonia and Lithuania.
NOUHOUM SANGARE (Mali) said the sanctity of human rights was the fundamental principle at the heart of the work of the United Nations. The international instruments and declarations aimed at protecting human rights and the right to development were the main tools used to further that work. Often, however, that work was undermined by cruel and inhuman treatment within some States. This proved the necessity of the United Nations and its specialized agencies in promoting and reinforcing the rule of international humanitarian law. It was the duty of the Organization to inform States of their rights and obligations under those international instruments, and to create the capacity to develop appropriate punishments for all those who violated them.
Some of the problems facing the United Nations and the international community’s efforts to promote human rights were economic impoverishment, discrimination, and the persistence of “clannish” behaviour on the part of some States. Crimes were committed with impunity, which created more obstacles. It was important to adopt a comprehensive approach to such problems by developing and monitoring obligations under international legal instruments. He noted the important role of non-governmental organizations. He drew attention to the fact that without external support there was the risk, particularly in Africa and other developing countries, that in light of the economic, social and political obstacles those countries faced, human rights would become a pure formality. He briefly highlighted some of his country’s initiatives and programmes in the area of human rights. Among the foremost of those was the yearly celebration of the anniversary of the adoption of the Universal Declaration of Human Rights. The highlight of that celebration was the Democratic Inquiry Space, a broad dialogue on human rights issues. That event was a nationally televised public hearing where political leaders were interrogated on complaints that had been formulated by citizens.
KERSTIN TRONE, Deputy Executive Director (Programme), United Nations Population Fund (UNFPA), said that in its mission statement, her organization stressed the universality and indivisibility of human rights. It also emphasized that a rights-based approach to population and development must focus on meeting the needs of and promoting respect for the rights of the individual. As a result, all of the Fund's assistance programmes conformed to internationally accepted human rights standards. The UNFPA advocated protection of the rights to sexual and reproductive health of both men and women. The Fund was advocating integration of the rights to sexual and reproductive health of individual men and women, in all human rights treaty bodies and for strengthened collaboration with those bodies.
The UNFPA was supporting partnerships to monitor violations of women's and girls' reproductive rights. It was also advancing safe motherhood and increasing access to family planning services by empowering women, with the support of their families and communities, to make choices in their reproductive lives. Finally, the Fund was contributing to the preparation for the upcoming World Conference against Racism, through the organization of an "International Round Table on Indigenous Peoples and Reproductive Health and Gender". The conclusion of that round table, which aimed to build partnerships with indigenous people for the development of programmes that would better respond to their needs, would be a useful input for the August 2001 World Conference in Durban, South Africa.
Rights of Reply
The representative of the Lao People's Democratic Republic said that yesterday’s mention of his country -- for the first time ever -- by the European Union had been unfortunate. During all the time the Lao people had fought colonialism, its most sacred right had been to live in an independent and peaceful nation. Since 1975, the multi-ethnic Lao people had freely chosen a political system best suited to the country’s historical, economic, social and cultural particularities.
“When people are poor, they are only concerned about how to feed their stomach”, he said. Just as the shepherd should first and foremost care about the well-being of his sheep, the Lao Government attached great importance to the material and spiritual lives of the people. It had introduced a renovation policy encouraging expansion of various economic sectors based on market-based management. It was also transforming the country into a State governed by law, with the Constitution guaranteeing all human rights and fundamental freedoms.
The Lao people were proud of the path they had chosen, he concluded. The country enjoyed political stability and social harmony, which created the optimal conditions for sustainable economic development. The right to independently choose a social system and development path must be respected. Cooperation in human rights must be conducted on the basis of full respect for national independence and sovereignty of States.
Iraq’s representative, responding to allegation of Iraqi non-cooperation made this morning by New Zealand, said the comment contradicted the Secretary-General’s concluding words of thanks to Iraq for its cooperation on the
"food-for-oil" programme. Furthermore, in just one example of the situation surrounding that programme, out of a total $34 billion generated, only
$8.8 billion had gone to the humanitarian component. The rest had gone to other expenses, such as administrative costs. Instead of pushing a political agenda in its statement, New Zealand would have done better to call for an end to the comprehensive sanctions, which would enable 22 million Iraqis to enjoy their rights.
Also harking back to New Zealand’s reference to human rights abuses in her country, Sudan’s representative said New Zealand should adopt a more balanced approach to such issues as rebels using civilian bases to carry on their activities, as was happening in his country.
The representative of China said that Australia, Norway and New Zealand had all made irresponsible statements about his country. Over the past decade, the Chinese people had made tremendous progress regarding their rights, including in Tibet. Certain countries, out of political prejudice, turned a blind eye to their own shortcomings while pointing fingers at others. Such behaviour was unproductive to the dialogue on human rights.
* *** *
Third Committee
27 October 2000
39th Meeting (PM)
The importance of democracy to human rights could not be overemphasized, the representative of Japan told the Third Committee (Social, Humanitarian and Cultural) this afternoon as it continued considering issues related to human rights.
Democracy promoted people’s participation in governance and development, Japan’s representative continued. Integrating the rights perspective into development introduced the principles of accountability and empowerment, which strengthened the development programme. As the Independent Expert on the right to development had proposed, a step-by-step approach addressing the three basic rights to food, health and education reflected the right priority.
The rule of law and good governance should also be given priority, he concluded. To support democratic elections, Japan provided personnel, training and resources to support democratic elections. It had supported some 40 elections around the world since 1994, in addition to fostering the pursuit of human rights and democracy, for example through research grants.
Unprecedented human development in the last century had been marked by progress in human rights, Mongolia’s representative said. Today, three quarters of the world lived under democratic regimes showing advances in the rights to schooling and basic health care. Many of those human rights advances had come through the United Nations, including through the Universal Declaration of Human Rights and a host of international instruments.
However, laws and declarations did not guarantee human rights, he continued. Effective implementation at the local and national levels depended on cooperation, with States leading the promotion of rights through international instruments. The unprecedented number of treaty actions during the Millennium Summit had been encouraging.
Ratification of human rights instruments was one thing, implementation another, said Rwanda’s representative. In Rwanda’s 1994 genocide, more than a million people had perished in less than 90 days, even though the Convention on punishment of the crime of genocide had been ratified and acceded to by the majority of States. The emerging international consensus on the inapplicability of the principle of non-interference in internal affairs was in the right direction. What had happened in Rwanda could not be reversed, but the lesson for the international community was that a culture of impunity must not be tolerated.
Others addressing the Committee in the general human rights debate were the representatives of Brazil, Guatemala, Norway, Australia, Syria, Chile, Latvia and Mali.
A representative of the United Nations Population Fund (UNFPA) also spoke.
Speaking in exercise of their right of reply were the representatives of the Lao People’s Democratic Republic, Iraq, Sudan and China.
Finally this afternoon, the Committee heard the representative of Denmark introduce a resolution on torture and other inhuman treatment.
The Committee will meet again at 10 a.m. on Monday, 29 October, to continue considering aspects of human rights, including alternative approaches, human rights situations, the Vienna Platform and the High Commissioner’s report.
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 is 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.)
In addition, the Committee has before it a draft resolution expected to be introduced on torture and other inhuman treatment (document A/C.3/55/L.30). The draft would have the Assembly stress that all allegations of torture and such treatment should be promptly and impartially examined by a competent national authority. It would urge States to become parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and to comply with the obligations under it. It would further urge States to take fully into account the comments of the Committee against Torture after it reviewed their reports, and would urge the inter-sessional open-ended Working Group developing the draft optional protocol to the Convention to complete a draft as soon as possible.
Finally, by the draft, the Assembly would stress the need for exchange of views between the Committee, the Special Rapporteur and other parties within the United Nations system, also stressing the importance of the Board of Trustees of the Fund, appealing to all governments for contributions to it. An annex to the draft contains the principles on the effective investigation and documentation of torture.
The draft is sponsored by Afghanistan, Angola, Argentina, Armenia, Austria, Azerbaijan, Bangladesh, Belarus, Belgium, Benin, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Finland, France, Germany, Greece, Guatemala, Iceland, Ireland, Italy, Latvia, Liberia, Liechtenstein, Lithuania, Luxembourg, Monaco, Mongolia, Netherlands, New Zealand, Norway, Panama, Portugal, Republic of Korea, Republic of Moldova, Romania, San Marino, Senegal, Slovakia, Slovenia, South Africa, Spain, Sweden, The former Yugoslav Republic of Macedonia, United Kingdom, United States and Venezuela.
Introduction of Draft Resolution
The representative of Denmark introduced the draft resolution on torture and other cruel, inhuman or degrading treatment or punishment (document A/C.3/55/L.30).
The following were added as co-sponsors: Australia, El Salvador, Georgia, Hungary, Uganda and Ukraine.
Statements
MARCELA NICODEMOS (Brazil) said every year the Committee’s attention was drawn to appalling reports that would cause anyone committed to protecting human dignity to shudder. One of the most important cornerstones of United Nations work in the field of human rights was the recognition that the dignity of the human being was a value to be protected above all others. The international community had reaffirmed its commitment to that principle by adopting the outcome of the World Conference on Human Rights, which had highlighted the universality of human rights.
Unfortunately, there were still attempts to hide human rights abuses by resorting to the principle of non-interference or by distorting the meaning of sovereignty as enshrined in the Charter. Others obscured their record on human rights issues in a more direct way: they merely placed themselves above scrutiny, as if their record were perfect. If Member States were truly serious about protecting human rights, she said, they should not glance at the reports before the various committees. They should instead study those reports thoroughly and, with the active participation of civil society, make a concerted effort to change reality on the ground.
The Brazilian Government and civil society were deeply committed to democracy, the rule of law and the protection of all human rights and fundamental freedoms. This year, Brazil had strengthened its cooperation with the United Nations human rights system, and had welcomed a visit from the High Commissioner for Human Rights. The Government had also submitted its initial report to the Committee on Torture. At the domestic level, Brazil had maintained its momentum in implementing the Human Rights Action Plan. One ongoing and innovative initiative was the creation of human rights monitoring centres. Those centres would draw up “citizens’ reports” aimed at monitoring the situation of human rights and human development throughout the country. The initiative would integrate non-governmental organizations, universities and governmental agencies in the bid not only to detect violations but to work towards finding solutions. She believed the initiative would help give practical meaning to human rights through a broad-based partnership at the grass roots level.
OCHIRYN ENKHTSETSEG (Mongolia) said the outgoing century had witnessed unprecedented levels of human development. One hallmark of those achievements had been progress in the promotion of human rights. Today three quarters of the world lived under democratic regimes, and there had been much progress towards advancing the right to schooling and basic health care. Many of those advances in the area of human rights had come through the work of the United Nations and its specialized agencies. The Universal Declaration of Human Rights had been followed by a host of important international human rights instruments. However, laws and declarations could not guarantee human rights. Effective implementation of the human rights instruments at local and national levels through cooperation and partnership was crucial.
Member States had the lead role in promoting and protecting human rights by adhering to the principle of international instruments. It was encouraging that an unprecedented number of treaty actions had taken place during the Millennium Summit. His own country had signed the Optional Protocol to the Committee on the Elimination of Discrimination against Women. It had recently submitted the Convention against Torture to its Parliament. The Government’s commitment to the promotion of human rights was further embodied by a number of action plans adopted as follow-up to the various global conferences of the 1990s. Regional cooperation and arrangements for protecting human rights were also important. With that in mind, he reiterated his delegation’s keen interest in continuing to cooperate with the Office of the High Commissioner for Human Rights in the four main areas of action identified in the Framework for Regional Cooperation: development of national plans of action for human rights; strengthening of national human rights institutions; human rights education; and the development of strategies for promoting economic, social and cultural rights and the right to development.
HIDEAKI KOBAYASHI (Japan) said the importance of democracy to human rights could not be overemphasized. Strengthening democracy promoted participation of people in governance and development. It also led to promoting and protecting human rights. The right of all people to take part in their country’s government through free and regular elections should be universally recognized. To support democratic elections, Japan dispatched personnel, provided financial assistance and electoral training, and supplied materials and equipment. Since 1994, Japan had provided electoral support to about 40 regions around the world. It also supported intellectual activities related to human rights and democracy, such as through research grants in those fields.
He welcomed the theme of human rights and development as this year’s human development report by the United Nations Development Programme (UNDP). It resulted from the integration of the human rights perspective into the field of development. It introduced the principles of accountability and empowerment, equality and non-discrimination, which would strengthen the development programme. He agreed with the report’s conclusion that inclusive democracy was the best mechanism for advancing and securing human rights.
To realize the human right to development, he said the need for cooperation between developed and developing countries could not be overemphasized. The central subject of development was the human person, he noted; it was not the right of developing countries to economic assistance. International assistance would be provided to governments striving to create the conditions enabling their people to exercise the right to development. Further, since that right would not be achieved overnight, priorities must be set. The Independent Expert on the right to development was correct to advise a step-by-step approach, starting with a focus on three basic rights, namely the rights to food, health and education. The rule of law and good governance should also be given priority.
Finally, he welcomed Cambodia’s efforts to promote and protect human rights and democracy. He also welcomed the success of Cambodia’s talks with the United Nations regarding the trial of Khmer Rouge leaders. However, Cambodia’s capacities for nation-building were impaired by 10 years of civil war. Japan would continue to support Cambodia’s efforts and would urge others to do the same. And while much remained to be done in both Myanmar and Iran, positive steps there were heartening.
LUIS CARRANZA-CIFUENTES (Guatemala) said the instruments for human rights and the mechanism to protect them had been used in his country to bring about the end of armed conflict that had plagued it for years. The Human Rights Commission had been strengthened to support national actions, in line with the international instruments. The follow-up regimen for post-conflict situations was a large part of the national reconciliation process. A number of actions had been implemented in his country, including establishment of the Historical Truth Commission that arranged for reparations to people who had been wronged.
The lack of financial resources was a main impediment to instituting human rights guarantees, he said. Even so, there could be no doubt about his Government’s commitment to meeting all its obligations in the field of human rights.
ROALD NÆSS (Norway) said human rights were obligations undertaken by States. No avenue must be left unexplored in efforts to implement those obligations. Combating racism and racial discrimination was high on his country's agenda. Norway was addressing all aspects of those two issues through initiatives for law reform, institution-building, the strengthening of monitoring functions and stimulation of debate at the local and national levels. There was, however, room for improvement in every single Member State, and he hoped the upcoming World Conference on racism in South Africa next August would provide a real impetus for such improvement. Next year would also see the Children's Summit at the United Nations. It was pleasing to note that a large number of States had already signed the two Protocols to the Convention on the Rights of the Child. He hoped those two instruments would be universally ratified.
Violence against women cut across cultural and religious barriers and took a variety of forms. Such acts could not be seen as a private matter between individuals, but as pervasive human problems that required State intervention. Also, the violation of children's rights -- particularly when they faced or even used guns -- served as warning bells for the urgent need to achieve greater respect for human rights in all parts of the world. His Government also urged all States that had not abolished the death penalty to do so. Norway had entered into dialogue on human rights with a number of countries and valued the opportunity of addressing related issues directly with its partners.
PENNY WENSLEY (Australia) said that since the Committee last met, the world had been reminded once again that citizens would eventually bring to task governments which ignored their responsibility to promote and protect fundamental human rights. Yugoslavia was the most recent and salient demonstration, and her country would add its voice to those who had welcomed Yugoslavia's rejection of a corrupt, authoritarian regime. Her country also applauded the emphasis that the democratic forces in Yugoslavia had given to human rights and the rule of law. With the establishment of sound institutions and government practices, Yugoslavia would be able to return to the family of nations and its people to the enjoyment of the full spectrum of human rights.
Elsewhere, including in the South Pacific, there had been setbacks and turbulence. Once again, the world had witnessed what happened when the central pillars of good governance -- the rule of law, participatory government, accountability and transparency –- were not solid. Social cohesion, respect for the human rights of other groups within a population, and the international reputation of the nation State concerned could crumble with remarkable speed. It was gratifying that the Human Rights Commission this year formally recognized those inseparable links between good governance and the observance of human rights. She looked forward to cooperating with other governments, particularly in the Asia-Pacific region, to find practical ways of giving good governance the priority it deserved.
In Fiji, her country remained concerned about the impact the May coup would have on the country's political, economic and social institutions. Her country was keen to see an early restoration of Fiji's democratic and constitutional governance. It welcomed the peace agreement signed by the parties to the conflict in the Solomon Islands on 15 October, and had pledged to continue to support the peace process. The agreement was another useful step forward, but ultimately, only the Solomon Islands could address the complex cultural problems underlying the ethnic tension. Also welcome was Indonesia's progress towards establishing a more just, open and accountable society.
She said she remained deeply concerned about the human rights situation in a number of areas in Indonesia, including Maluku. She urged the Indonesian Government to take whatever steps were necessary to resolve the situation in
West Timor, including by ending militia activity, bringing to justice those responsible for crimes, creating the conditions for the return of humanitarian workers, and resolving the refugee situation. Likewise, the situation in Burma continued to be of great concern to Australia. In Cambodia, while steps had been taken to allow criminal prosecutions of the police and security forces, much remained to be done to address the continuing culture of impunity and lack of consistency in implementing the rule of law.
Continuing, she said that while her country acknowledged the progress made by the Chinese Government towards greater accountability and transparency of its legal and administrative systems, deep concern remained about continued infringements of citizens' freedom of opinion, belief, assembly and association, in contravention of the two main human rights instruments signed by that Government. Continued reports of torture and the extensive use of the death penalty, even for minor crimes, were also disturbing. She urged China to provide for the protection of the cultural and religious freedoms of minority groups, a matter of particular interest to Australians.
RANIA HAJ ALI (Syria) said that since the interrelationship of human rights with other rights -- including the right to development -- had been agreed upon as far back as Vienna, it was troubling that certain quarters ignored States which sought to exercise their right to self-determination. The international community should treat the exercise of all rights in a just, comprehensive manner, without double standards. When it assessed issues of human rights it should take into account regional factors, as well as religious and cultural practices. She was deeply concerned at the selectivity of the approach to human rights issues, particularly the continued practice by some States of harassing or meddling in the affairs of others under the pretext of humanitarian intervention. Such interference in State sovereignty was contrary to the supposed aims and goals of the international community. An objective and non-selective approach to human rights was the best way to bring about nations together. It was also important in the promotion of enhanced international cooperation to implement the Vienna Declaration and Plan of Action. Syria, she continued, abided by those and other international instruments. It practised democracy and promoted rights within the framework of political pluralism. It also gave high priority to women’s issues and to their role in society.
The United Nations played an important role in promoting human rights as well as combating all forms of discrimination, including ethnic cleansing and deportation. The Organization should also pay particular attention to the issue of foreign occupation. The United Nations had a duty to ensure the accurate implementation of international human rights instruments and to guarantee that its subsidiary bodies and specialized agencies did not deviate from the standards prescribed by the General Assembly. She added that this particularly applied to special rapporteurs and special representatives. It should promote broad consideration over narrow interests by denouncing double standards in dealing with violations of civil rights. Finally she said that Syria was deeply concerned by the situation in the Palestinian occupied territories. Israel should not be allowed, under any circumstances, to continue the killings in that area.
EDUARDO TAPIA RIEPEL (Chile) said his country firmly intended to make further progress in the realization and expansion of the country's human rights and fundamental freedoms. The Government's main concern was that those benefits should be enjoyed by the people so that there would be greater social justice, solidarity and equity for all. Since 1990 Chile's external policy had been characterized by its support for the development and further improvement of the various international instruments for the protection of human rights, as well as the monitoring mechanisms created by the United Nations. The efforts of the Organization to prevent and redress national situations involving grave and systematic forms of human rights violations deserved "our complete support and unreserved collaboration", he stressed.
He said neither the lack of development nor cultural particularities could be used as pretexts to justify limitations on the human rights delineated in the Universal Declaration of Human Rights, and the various related conventions. Universality meant responsibilities. Chile had assumed those responsibilities without hesitation, as evidenced by its commitment to regional and global instruments for the defence of human rights and democracy and for the elimination of racism, xenophobia and other forms of discrimination. It was hosting the upcoming American Regional Preparatory Conference for the Durban World Conference against racism in August 2001. In addition, his country had promoted the protection of the environment as a third-generation human right, among other emerging rights.
AUGUSTUS MUSENGA (Rwanda) said ratification of human rights instrument was one thing; implementation was another. If a State took the initiative to sign and ratify a human rights instrument, it should live up to its commitments. In 1994 there was genocide in Rwanda. More than a million people perished in less than
90 days, even though the Convention on punishment of the crime of genocide had been ratified and acceded to by the majority of States. That genocide could take place in Rwanda while the international community looked on was beyond understanding. He was pleased by the emerging international consensus that, in the case of genocide, the issue of sovereignty and non-interference in internal matters should not exist.
What had happened in Rwanda could not be reversed, but the international community should learn a lesson from that experience. The culture of impunity must not be tolerated. He thanked the international community for creating the International Criminal Tribunal for Rwanda and said his Government and people were waiting for justice to be done. Strengthening the justice system would help foster respect for human rights and contribute to long-term peace and stability. The Government had trained judges and created a national police, prosecutors and investigators, and would soon support conventional courts with "Gacaca courts" -- a form of participatory justice. Gacaca courts were instituted because the caseload of prisoners could not be dealt with in the conventional courts.
The Government, in a bid to protect the legal rights of women and girl children, had passed a law on inheritance and the right to succession. The law also sets a precedent for future gender-sensitive legislation. The Government had also established a constitutional commission. A good and durable constitution would reflect the views of all the people of Rwanda. Further, Rwanda was party to the Convention on the Rights of the Child. It was avoiding the mistakes of the previous Government, when children had been taught to kill. Children below the age of 14 who had participated in the genocide had been taken to rehabilitation. Those who were traumatized had been offered counseling services. A national human rights commission was established to instil in the Rwandese people a respect for human rights. Human rights issues should not be exploited for political ends. There must be respect for the cultural values of others, taking into consideration their historical background, beliefs and economic situation.
JANIS PRIEDKALNS (Latvia) said that recent national legislation had facilitated the integration of Latvia's society. In education, her Government had supported minority-language schools, in full compliance with human rights obligations, including those upheld by the International Covenant on Civil and Political Rights and the European Convention on Human Rights. The education law allowed schools to choose among several minority education models, and
State-financed secondary education was available in eight minority languages. Latvia's laws also provided for an independent judiciary in which State interference was not permitted, and all persons were equal under the law. War crimes, crimes against humanity and genocide were investigated retroactively, regardless of the ideological affiliation or ethnic origin of their perpetrators.
Hopefully, the day would come when baseless allegations against nations would cease at the United Nations. Latvia refuted the earlier allegation made by the representative of the Russian Federation concerning human rights issues in Latvia. The content of that allegation had been disproved in United Nations document A/54/776 of 3 March. She wished, however, to draw attention to the "grave violations" of human rights committed by the Russian Federation in Chechnya, as documented by the High Commissioner for Human Rights. As a member of the Commission on Human Rights, her country had supported the independent inquiry into the alleged violations. It aligned itself with the inquiry's report and with its expressed wish to resolve that serious situation. Continuing reports of human rights violations in Chechnya must be promptly addressed by the Russian authorities, in accordance with international law and the human rights treaties and conventions to which the Russian Federation was a party.
Her country took pride in its human rights record, particularly when viewed in the historical context of the human rights violations committed by totalitarian occupation regimes in Latvia in 1940, which had significantly altered the country's ethnic population. Latvia's citizenship and language laws conformed with the standards upheld by the Organization for Security and Cooperation in Europe (OSCE), whose recommendations regarding naturalization, citizenship and State language had been met. Indeed, specialized United nations agencies, the OSCE and the Council of Europe had endorsed Latvia's progress in that regard. The country continued to take a firm and principled approach to building a State based on democracy, openness and the rule of law -- and that could equally be said of its "sister States", Estonia and Lithuania.
NOUHOUM SANGARE (Mali) said the sanctity of human rights was the fundamental principle at the heart of the work of the United Nations. The international instruments and declarations aimed at protecting human rights and the right to development were the main tools used to further that work. Often, however, that work was undermined by cruel and inhuman treatment within some States. This proved the necessity of the United Nations and its specialized agencies in promoting and reinforcing the rule of international humanitarian law. It was the duty of the Organization to inform States of their rights and obligations under those international instruments, and to create the capacity to develop appropriate punishments for all those who violated them.
Some of the problems facing the United Nations and the international community’s efforts to promote human rights were economic impoverishment, discrimination, and the persistence of “clannish” behaviour on the part of some States. Crimes were committed with impunity, which created more obstacles. It was important to adopt a comprehensive approach to such problems by developing and monitoring obligations under international legal instruments. He noted the important role of non-governmental organizations. He drew attention to the fact that without external support there was the risk, particularly in Africa and other developing countries, that in light of the economic, social and political obstacles those countries faced, human rights would become a pure formality. He briefly highlighted some of his country’s initiatives and programmes in the area of human rights. Among the foremost of those was the yearly celebration of the anniversary of the adoption of the Universal Declaration of Human Rights. The highlight of that celebration was the Democratic Inquiry Space, a broad dialogue on human rights issues. That event was a nationally televised public hearing where political leaders were interrogated on complaints that had been formulated by citizens.
KERSTIN TRONE, Deputy Executive Director (Programme), United Nations Population Fund (UNFPA), said that in its mission statement, her organization stressed the universality and indivisibility of human rights. It also emphasized that a rights-based approach to population and development must focus on meeting the needs of and promoting respect for the rights of the individual. As a result, all of the Fund's assistance programmes conformed to internationally accepted human rights standards. The UNFPA advocated protection of the rights to sexual and reproductive health of both men and women. The Fund was advocating integration of the rights to sexual and reproductive health of individual men and women, in all human rights treaty bodies and for strengthened collaboration with those bodies.
The UNFPA was supporting partnerships to monitor violations of women's and girls' reproductive rights. It was also advancing safe motherhood and increasing access to family planning services by empowering women, with the support of their families and communities, to make choices in their reproductive lives. Finally, the Fund was contributing to the preparation for the upcoming World Conference against Racism, through the organization of an "International Round Table on Indigenous Peoples and Reproductive Health and Gender". The conclusion of that round table, which aimed to build partnerships with indigenous people for the development of programmes that would better respond to their needs, would be a useful input for the August 2001 World Conference in Durban, South Africa.
Rights of Reply
The representative of the Lao People's Democratic Republic said that yesterday’s mention of his country -- for the first time ever -- by the European Union had been unfortunate. During all the time the Lao people had fought colonialism, its most sacred right had been to live in an independent and peaceful nation. Since 1975, the multi-ethnic Lao people had freely chosen a political system best suited to the country’s historical, economic, social and cultural particularities.
“When people are poor, they are only concerned about how to feed their stomach”, he said. Just as the shepherd should first and foremost care about the well-being of his sheep, the Lao Government attached great importance to the material and spiritual lives of the people. It had introduced a renovation policy encouraging expansion of various economic sectors based on market-based management. It was also transforming the country into a State governed by law, with the Constitution guaranteeing all human rights and fundamental freedoms.
The Lao people were proud of the path they had chosen, he concluded. The country enjoyed political stability and social harmony, which created the optimal conditions for sustainable economic development. The right to independently choose a social system and development path must be respected. Cooperation in human rights must be conducted on the basis of full respect for national independence and sovereignty of States.
Iraq’s representative, responding to allegation of Iraqi non-cooperation made this morning by New Zealand, said the comment contradicted the Secretary-General’s concluding words of thanks to Iraq for its cooperation on the
"food-for-oil" programme. Furthermore, in just one example of the situation surrounding that programme, out of a total $34 billion generated, only
$8.8 billion had gone to the humanitarian component. The rest had gone to other expenses, such as administrative costs. Instead of pushing a political agenda in its statement, New Zealand would have done better to call for an end to the comprehensive sanctions, which would enable 22 million Iraqis to enjoy their rights.
Also harking back to New Zealand’s reference to human rights abuses in her country, Sudan’s representative said New Zealand should adopt a more balanced approach to such issues as rebels using civilian bases to carry on their activities, as was happening in his country.
The representative of China said that Australia, Norway and New Zealand had all made irresponsible statements about his country. Over the past decade, the Chinese people had made tremendous progress regarding their rights, including in Tibet. Certain countries, out of political prejudice, turned a blind eye to their own shortcomings while pointing fingers at others. Such behaviour was unproductive to the dialogue on human rights.
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