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30 March 2000
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Commission on Human Rights
56th session
30 March 2000
Afternoon
High Commissioner on Human Rights Introduces Reports on East Timor and Kosovo
High-level representatives of the Council of Europe and of the Governments of the Sudan, the Democratic Republic of the Congo, Rwanda, and Burundi spoke before the Commission on Human Rights this afternoon. The Commission also held further debate under its agenda item on the "question of the violation of human rights and fundamental freedoms in any part of the world".
United Nations High Commissioner for Human Rights Mary Robinson introduced her reports to the Commission on the situation of human rights in Kosovo and East Timor. On the situation in Kosovo, she said there were concerns for the situation of minority populations. Human rights violations continued and dozens of killings had been reported in recent months. On the situation in East Timor, Mrs. Robinson said the challenge of East Timor was unique and gave the international community the opportunity of accompanying in a supportive way the building of democracy in Indonesia and East Timor. Indonesia continued to make progress in expanding its democracy and in facing internally the issue of responsibility for the events in East Timor.
Pierre-Henri Imbert, Director of Human Rights of the Council of Europe, described Council activities to enhance such rights and expressed concern over situations in Belarus, Kosovo, and Chechnya, and over child labour and trafficking in women in Europe.
Ali Mohamed Osman Yasin, Minister of Justice and Attorney-General of the Sudan, said international discussions of human rights should avoid politicization and selectivity, should be impartial and transparent, and should take a balanced approach to civil, political, economic, social and cultural rights. He also told the Commission that ending the abduction of women and children in rebel-held and adjacent areas in southern Sudan was a matter of utmost priority to his Government, and that a committee had been established to identify those abducted and to find means of reuniting them with their families.
Jean-Martin Mbemba, Minister of Justice of the Democratic Republic of Congo (DRC), said that despite civil war, enormous work had been accomplished by the Government to improve human rights in the country. Freedom of the press had never been greater, no journalist risked being imprisoned, NGOs could operate unhindered, and investigations had been launched into disappearances during the 1998-1999 civil war and the 1993 civil war, he said.
Jean de Dieu Mucyo, Minister of Justice of Rwanda, said the Government had made much progress in recovering from the 1994 genocide: education and safety reigned in the country and development had resumed. Those who had helped Rwanda were thanked; but since the international community bore some responsibility for what had happened in Rwanda, asking for help was therefore legitimate, the Justice Minister said. A mini-Marshall Plan was suggested.
Eugene Nindorera, Minister for Human Rights and Institutional Reforms of Burundi, said the Government had made progress under a broad-based programme to enhance human rights and improve administration of justice, but that the people of Burundi had lived in fear and agony since 1992. It was too much, he said -- it was time to bring an end to the meaningless war and lay down the basis for a durable peace and a society that would respect human rights.
The Commission also heard an introduction to the report of the Special Rapporteur on the situation of human rights in Myanmar.
Seven country representatives spoke on the topic of human-rights violations anywhere in the world. Myanmar and China defended their human-rights performances and China accused the United States of appointing itself "world judge" and "world policeman" on issues of human rights. Kuwait called for the return of Kuwaiti prisoners held in Iraq nearly a decade after the Gulf War, and Botswana noted that when the Commission had met last year, the tragic drama of the brutalization of the Kosovars was being played out daily on television and had formed a macabre backdrop to the Commission's sessions -- and the Commission had proved utterly incapable of stopping the carnage. Pakistan, speaking on behalf of the Organization of the Islamic Conference (OIC), expressed deep concern at what it said was selectivity by certain countries in raising human-rights situations in the Commission, and especially a tendency to level unfounded allegations against a large number of OIC member States, deliberate misrepresentations and slander against Islam, and efforts to equate Islam with terrorism.
Representatives of Norway, Japan, and Botswana cited situations of concern around the globe. All told during the meeting, human-rights problems were alleged in Afghanistan, Iraq, Myanmar, the Great Lakes region of Africa, Colombia, China (including Tibet), Sierra Leone, Sudan, Cambodia, Iran, Angola, Israeli-occupied Palestine, the United States, Jammu and Kashmir, Western Europe, and Cyprus.
The Commission ended its afternoon session at 6 and immediately began an evening meeting. Adjournment was scheduled for 9 p.m.
Statements
PIERRE-HENRI IMBERT, Director of Human Rights of the Council of Europe, said last year the Council’s permanent court had been very busy due to an unprecedented number of applications. The court covered more ground and of a more complex nature than ever before. There were many indications of grave human-rights violations which required the full commitment of the Committee of Ministers. The European Charter of Human Rights had been signed or ratified by all countries in Central and Eastern Europe with the exception of the Russian Federation. Ratification was a condition of membership in the Council.
Even in the 21st Century, there were structural violations of social rights in Europe, such as child labour, Mr. Imbert said. The Council of Europe was using the powers of the Committee on the Prevention of Torture to visit prisons and detention centres. The Council had taken several steps for the protection of minority rights. The European Commission against Racism and Intolerance, for its part, looked into various situations where basic human rights were violated on the basis of gender, culture, ethnic origin or religion. The European Commission would contribute to the European Conference on Racism to be held in Strasbourg in October and preceded by an NGO forum.
Mr.Imbert said no human rights could be upheld without freedom of expression and constant scrutiny of the activities of public authorities. Reference was made to Belarus in this context. Concern was raised regarding an increase in human trafficking, particularly of women, for purposes of sexual exploitation. Lessons had to be learned from events in Kosovo. Southeast Europe was far removed from the desired ideal of peaceful, multi-cultural and multi-ethnic democracy. The Council of Europe was trying to help through programmes increasing stability, training of national institutions, and support of inter-ethnic tolerance and other democratic activities. Human-rights violations in Chechnya were a cause of concern. The next parliamentary assembly would debate this issue. Cooperation and assistance was necessary. The Russian Federation had to account for human-rights violations in Chechnya, and there should be an investigation of the allegations and free access for humanitarian agencies. Those responsible for the abuses must be brought to justice.
ALI MOHAMED OSMAN YASIN, Minister of Justice and Attorney-General of the Sudan, said the promotion and protection of human rights were better served through cooperation, genuine constructive dialogue, and persuasion. Respect for different cultures was an important cornerstone for establishing harmony and a conducive environment for the realization and effective enjoyment of human rights. The avoidance of politicization and selectivity, the augmentation of impartiality and transparency together with a balanced approach to civil, political, economic, social and cultural rights should be the guiding principles in dealing with issues of human rights.
Mr. Yasin said his Government had made a number of reforms and legislative revisions to ensure that laws and legislation were in full conformity with the provisions of the Constitution. A federal system had been established giving more powers to state governments to satisfy demands for geographical and regional autonomy. Freedom of expression and opinion was guaranteed and exercised. Seventeen privately owned daily newspapers were freely published in the country. In addition, since Sudan had started oil exporting, the revenue generated from that sector would be directed towards the rehabilitation of infrastructure and development of the whole country and in particular southern Sudan.
Fully aware of the impact of war on all aspects of life, the Government of Sudan was dedicated to bringing about a just and lasting peace in the country, Mr. Yasin said. A peace agreement had been signed with seven out of eight rebel factions in 1997 and incorporated in the new Constitution. It was the Government's conviction that any human-rights violations in the Sudan had direct relation to the ongoing military conflict in the south, notwithstanding the Government's effort to observe international humanitarian law. The attainment of peace was a key factor for the enjoyment by the Sudanese people of their human rights.
Mr. Yasin said that ending the abduction of women and children in rebel-held and adjacent areas in southern Sudan was a matter of utmost priority to his Government. A committee had been established to identify those abducted and to find means of reuniting them with their families.
JEAN-MARTIN MBEMBA, Minister of Justice of the Democratic Republic of the Congo (DRC), said civil war in the country had been triggered in 1993 by President Pascal Lissouba and Prime Minister Joachim Yhomby Opango, and in 1997 and in 1998 by Bernard Kolelas and Nguila Nkombo-Moungounga. These wars were contrary to the principles contained in the Geneva and the Hague Conventions. The enormous work accomplished by the Government headed by President Denis Sassou-Nguesso had resulted in an improvement in the human-rights situation in the country. Freedom of the press had never been greater; no journalist risked being imprisoned, and NGOs could operate unhindered. Further, investigations had been launched into disappearances during the 1998-1999 civil war and the 1993 civil war.
Despite the difficult socio-economic situation, the Government was trying to implement measures in the area of security, justice, social peace and national reconciliation with the aim of establishing a state of law and eradicating violence, Mr. Mbemba said. The Government had also created three bodies aimed at fostering human rights. In all, eight international human-rights covenants had been ratified in two years. The process of ratifying the status of the International Criminal Tribunal was also at an advanced stage. The DRC was also collaborating with France in the training of police officers and magistrates. These and other steps demonstrated that country was on the path to re-establishment of a state of law.
JEAN DE DIEU MUCYO, Minister of Justice of Rwanda, said that Government achievements in the six years since the genocide were numerous. Many international observers had witnesses these achievements, such as the Commission’s Special Rapporteur, whose report clearly noted the improvements in Rwanda. Education and safety reigned in the country and the development process was under way. Positive values had to be restored to achieve national reconciliation. However, Rwanda could no longer tolerate the Internahamwe Militia continually disturbing the peace. The Democratic Republic of Congo was reminded that this activity constituted a clear abuse of the Lusaka Agreement.
Rwandan refugees were returning to the country. There were problems of access to housing and arable land which had been addressed by a Government policy aiming to regroup people in villages. The international community was urged to help the Rwandan people fulfil their social and economic rights. Those responsible for the genocide still needed to be brought to justice. A judiciary eradicating impunity had been established, contributing to a change of mentality. However, the judiciary was by no means restored to a size equal to the expectations of it. Due to the great number of prisoners, Rwanda was envisaging participating justice which was part of the Rwandan Constitution and would be applied on a local and prefectural level.
All those who had helped Rwanda were thanked; however, the international community bore some responsibility for what had happened in Rwanda. Asking for help was therefore legitimate. A mini-Marshall Plan was suggested. Free elections had been held a year ago. Laws voted on by the Government had been put in place and a National Human Rights Commission had been established with the purpose of investigating human-rights violations, especially by state bodies. The Commission for Reconciliation and National Unity was already operational. Institutions were operating transparently and democratically, and programmes against corruption had been undertaken.
EUGENE NINDORERA, Minister for Human Rights and Institutional Reforms of Burundi, said the people of Burundi had suffered and lived in fear and agony since 1992. For more than six years the country had been besieged by armed conflict, civil war and massive violations of human rights. All that as a whole was too much. It was time to bring an end to the meaningless war and lay down the basis for a durable peace as well as a society that would respect human rights. All those objectives could be realized by the Government of Burundi despite the difficulties with which Burundian society was confronted.
Mr. Nindorera said that over the last 12 months, the Government's programme of action with respect to the promotion and respect of human rights had made progress. Among other things, a new code of criminal procedure to guarantee rights and end abuses related to detention and arbitrary detention had been put in place. The results of its application during the first months had been promising. The responsibility of the Government related to issues of human rights violations had been increased. In April, the Council of Ministers would be studying a draft text aimed at creating a governmental commission on human rights which would have power to seize the judiciary and Government ministries on matters of complaints of human-rights violations.
The progress realized was the result of efforts agreed upon by associations for human rights within the country, organizations of the United Nations, and particularly the Office of the High Commissioner for Human Rights. All did not hesitate to criticize the Government of Burundi as the first entity responsible for the human-rights situation in the country. The Government was thankful to States, international organizations and non-governmental organizations for their support to the distressed people of Burundi.
MARY ROBINSON, the United Nations High Commissioner for Human Rights, presented under agenda item 9, her reports to the Commission on the situation of human rights in Kosovo and East Timor. The reports were based on information supplied by missions, other United Nations agencies present in the areas and non-governmental organizations.
The report on Kosovo focused on four areas: security concerns including the rights of minorities; the rights of prisoners, detainees and missing persons; the establishment of the rule of law; and the promotion of a human rights culture. The report described the grounds for concern which persisted in Kosovo, mainly to do with the situation of minority populations. The Yugoslav Red Cross had said there were some 235,000 Serb and Roma internally displaced people from Kosovo who were now in Serbia and Montenegro. Human rights violations persisted, dozens of killings had been reported in recent months. Severe restriction on freedom of movement and various forms of discrimination were as worrying as the reports of violence. One of the priorities of the Office of the High Commissioner had been the protection of the rights of prisoners and detainees, gathering information on detentions, supporting advocacy on behalf of detainees, prisoners and their families, visiting the places of detention in Serbia and Montenegro and conducting trial-monitoring.
Mrs. Robinson said the report stressed the establishment of the rule of law and the promotion of a culture of human rights. The work carried out by the UN mission in Kosovo, the OSCE, UNCHR and other intergovernmental and non-governmental organizations was commended. However, more international police officers should be made available, judge and prosecutor positions also needed to be filled. A declaration had been adopted calling for the promotion of tolerance and a human rights-oriented society which was a step in the right direction. The role of local and national leaders was emphasized in stopping the cycle of violence which was hindering the rebuilding and renewal process in Kosovo.
The High Commissioner said her report on East Timor provided information on assisting the mechanisms of the Commission, a comprehensive programme of technical cooperation in the field of human rights in cooperation with other United Nations activities focusing on the capacity-building and reconciliation with a view of finding a durable solution to the problems in East Timor, and the latest developments in the region. In addition there was a report by the special procedures mechanisms on their joint mission to East Timor, the report of the International Commission of Inquiry, the observations of the Government of Indonesia on that report and the views of the Members of the Security Council on the report of the International Commission of Inquiry.
Mrs. Robinson said the challenge of East Timor was unique and gave the international community the opportunity of accompanying in a supportive way, the building of democracy in Indonesia and East Timor. Indonesia continued to make progress in expanding its democracy and in facing internally the issue of responsibility for the events in East Timor. The Office of the High Commissioner for Human Rights, following requests made to the Secretary-General during his visit in Indonesia, would mobilize assistance. The United Nations had taken up a trusteeship responsibility to the people of East Timor which included a very clear human rights dimension in the spirit of the UN Charter and the Universal Declaration of Human Rights.
The Special Rapporteur on the situation of human rights in Myanmar, RAJSOOMER LALLAH, was not present and his statement was read out by a member of the Secretariat. The report focused mainly on the exercise of civil and political rights in the country. The negation of the exercise of political rights remained the root cause of the violation of all other fundamental rights. All powers of government and administration continued to be exercised by the regime without any answerability to the people and without the will of the people. Those powers were inexorably exercised with the help of highly repressive and exceptional laws or orders. The military structure within which the judiciary functioned prevented it from operating in a fair and independent manner and from protecting basic human rights against the acts of a Military Execution Administration.
According to the statement, the present report gave a concrete indication of the policy of the regime to continue maintaining a firm grip on all powers of government. This inevitably resulted in a daily violation of basic rights and a violation of recognized international norms governing the promotion and protection of those rights. The situation was made worse by the continued reluctance of the regime to engage in a genuine dialogue with the National League for Democracy as well as with the representatives of the ethnic minorities. Such a dialogue would clearly help in resolving the political stalemate arising from the refusal of the regime to respect and give effect to the will of the people which was expressed in the general elections held a decade ago.
BJORN SKOGMO (Norway) said that in some areas, such as the Horn of Africa, conflicts had been going on for so long that a whole generation had grown up without any freedom or any escape from fear or want. In other areas historic conflicts had recently flared up again with devastating consequences for the lives and livelihoods of entire populations, such as in Chechnya. On of the most serious human-rights situations was in Afghanistan. The situation in Iraq continued to be characterized by the most blatant disregard for human rights. Extra-judicial executions and disappearances were widespread and the population was deprived of the most basic freedoms. Other situations of great concern were to be found in Myanmar and in Africa around the Great Lakes region.
In Colombia, paramilitary groups engaged in attacks against civil society. The human rights situation in Kosovo was also of great concern, with frequent reports of discrimination, dislocation and even outright killings. In China, much remained to be done with regard to the lack of transparency of the Government, restrictions on the practice of religion or belief, and denial of the rights to peaceful assembly, freedom of association and speech. The human-rights situation in Tibet still gave cause for concern. The signals given by the new Government of Indonesia were encouraging in terms of improving human rights and bringing to justice those who were responsible for atrocities committed in East Timor. Other human-rights situations which gave rise to concern were in Sierra Leone, Sudan, Cambodia and Iran.
DHARAR A. R. RAZZOOQI (Kuwait) said the Special Rapporteur on the human-rights situation in Iraq had fulfilled his mandate and had given the Commission a clear picture of the flagrant violation of human rights in Iraq. The former Special Rapporteur had concluded in 1992 that the gravity of the situation in Iraq had few comparisons since the end of the Second World War. What was happening was truly tragic, was deplorable by all means. The continuation of such a situation represented a threat to Kuwait, to other countries in the region, and to international peace and security.
It was alarming to think that nearly a decade had passed since the Iraqi occupation of Kuwait and that the repatriation or return of all Kuwaiti and third-country nationals had not been fully carried out by Iraq. The International Committee of the Red Cross had repeatedly expressed its commitment to identifying ways to achieve positive results and to providing information to the families of persons unaccounted for. However, Iraq obstinately refused to cooperate in determining the whereabouts of prisoners of war. Kuwait called upon the international community to support it in its just cause and to require Iraq to release all Kuwaiti prisoners and all nationals of other countries.
LEGWAILA LEGWAILA (Botswana) said that when human beings were denied their fundamental rights to freedom and liberty, to life and the pursuit of happiness, they were prone to resort to rebellion to assert their humanity and seek liberation. This had been the epic story of the violent century to which the world had just bid farewell. Unfortunately, the new century had begun with the baggage of the outgoing century. Reading item 9's documentation, one was poignantly struck by the magnitude of the inhumanities that were still being visited upon millions of human beings all over the world.
To the people of Angola, Sierra Leone, the Democratic Republic of the Congo, Burundi, Afghanistan, Kosovo, Palestine and many others, the onset of a new century had brought neither hope nor relief from abject misery brought about by endemic conflict or war. When the Commission met last year, the tragic drama of the brutalization of the Kosovars was being played out daily on television and had formed a macabre backdrop to the Commission's sessions. The Commission proved utterly incapable of stopping the carnage. Members of the Commission even got accustomed to watching the raw cruelty of it all on television after delivering long righteous speeches on human rights during the day.
KOICHI HARAGUCHI (Japan) said that there had been positive developments related to human rights in East Timor. The rapid changes that had taken place in Indonesia last year were remarkable and the manner in which problems were dealt with was commended. The National Commission of Inquiry had been fulfilling its duty in line with what this Commission had envisaged. China had come very far but there were a number of individual human rights cases which could not but draw the attention of the international community. China was called upon to enhance civil and political rights and ratify and implement the two international covenants in the near future.
The expression of reform in the Iranian elections was welcomed. Iraq was called upon to comply with international obligations and end the suffering of its people. Taliban representatives had been invited to Tokyo where they said they had made considerable efforts to ensure human rights but were disappointed by the international community’s endless criticism. Freedom of expression was needed in Cuba, and the Cuban Government was called upon to cooperate constructively with the international community. The right to life had to be improved in Sierra Leone to ensure a long lasting peace. The Russian Federation was called upon to set a good example to the international community and to address the situation in Chechnya. Concern was also raised regarding Cyprus and Kosovo.
QIAO ZONGHUI (China) said China recognized the universality of human rights, respected the purpose and principles of the Charter of the United Nations, and observed international conventions on human rights. The promotion and protection of human rights in China should be seen in the context of China's actual situation. In 1999, the Government had continued to concentrate its efforts on economic development in light national conditions. A serious of transparency policies had been adopted to bring more openness to the police department, the procurators' offices, the courts and the prison systems. In addition, freedom of expression and of assembly had been protected in compliance with relevant laws.
China's human-rights situation had not deteriorated but had progressed. However, with a haunting Cold War mentality and the strong sense of superiority, the United States had sought to impose its value system and ideology on others. The United States thought international standards were in reality simply American standards and the so-called democratic model was the synonym of the American model. For the US, human-rights issues only existed in developing countries. It had granted itself the title of "world policeman" and "world judge". Even in supposedly democratic systems, human rights were violated for various reasons. If the United States was bent on pursuing a confrontational course, China was fully prepared to keep it company and fight to the finish, but such bullying tactics would finally do more harm than good.
MUNIR AKRAM (Pakistan), speaking on behalf of members of the Organization of the Islamic Conference (OIC), except Morocco, said there were several situations where the fundamental human rights of Islamic peoples were being denied and suppressed. Deep concern was expressed about gross violations of human rights of Palestinians and other Arabs living under Israeli occupation. The people of Afghanistan deserved peace and national reconciliation and reconstruction. In Jammu and Kashmir, there had been an increase in the use of force and violations of human rights committed against innocent Kashmiris. The security situation in Kosovo was also worrying, including a buildup of para-military forces in the northern and eastern parts of Kosovo, leading to expulsions of Kosovars from their homes. The plight of one million Azeri displaced persons and refugees was also highlighted, as was the humanitarian catastrophe in Chechnya.
Deep concern was expressed at the selectivity of certain countries in raising human-rights situations in the Commission, especially the tendency to level unfounded allegations against a large number of OIC Member States. The misperception regarding slavery in some Islamic countries was a case in point, as was frequent and deliberate misrepresentation and slander against Islam, and efforts to equate Islam with terrorism. Deep concern was also expressed at the plight of Muslim minorities in several non-Muslim States who were exposed to persecution or oppression because of their religious beliefs. The human-rights situation in Western Europe, which was still haunted by the spectre of racism, was marked by disturbing trends, including a continuing pattern of police ill-treatment of foreigners and forcible deportations resulting in deaths. These grave developments had not prompted any serious introspection on the part of the European Union, which persisted to pontificate and denounce solemnly on situations of
which it had at times little understanding.
U MYA THAN (Myanmar) said that the report of Special Rapporteur Lallah on Myanmar was a litany of false statements, based on unsubstantiated allegations by anti-Myanmar Government elements and insurgents. Responding to some of the allegations contained in the report, the representative said that far from having a shortage of food, Myanmar had been a traditional exporter of rice. The economic situation in the country was also positive, with 7 per cent growth in 1998. The practice of forced labour was non-existent in Myanmar. There were no restrictions on freedom of assembly and movement. Evidence of religious tolerance was not only real but visible. Far from being subjected to violence, Myanmar women were among the privileged women who enjoyed the highest status in the world. Universities were open and students were pursuing their studies peacefully.
The only positive aspect touched upon by Mr. Lallah in his report concerned the cooperation between Myanmar Government and the ICRC. He failed to mention the concrete achievements accomplished by the State Peace and Development Council such as the prevalence of peace and tranquillity throughout the country, the framing of a new state Constitution, an unprecedented degree of national unity and reconciliation, and unprecedented infrastructure-building activities. Through these concrete achievements the Government had fulfilled the basic needs of the Myanmar people -- food, clothing and shelter.
CLARIFICATION
The Yemeni Government representative whose statement is summarized in press release HR/CN/00/13 of 28 March was incorrectly identified to conference services staff and hence to press officers covering the meeting. The error was not the fault of conference services staff or the staff of the Division of Public Information. The speaker was Dr. M. Alatar. The summary thus runs as follows:
M. ALATAR (Yemen) said the workshop held on the right to development in Yemen in February was an indication of the importance the country placed on this right. It was to be hoped that international and regional cooperation would result in measures to ensure the real implementation of the decisions and recommendations taken at the workshop. The intent was to limit poverty, improve living standards, and so ensure the realization of a broad slate of human rights with beneficial results for the political sphere as well.
The High Commissioner for Human Rights had visited Yemen, had met with senior officials in the country, and had participated in the opening of the workshop. The visit had had very positive results. Yemen had witnessed important developments in human rights recently, and these events reinforced the trend, although difficulties continued to be encountered in enforcing various economic and human-rights measures because of financial constraints; further international support was needed for Yemen’s human-rights programme if it was to be successful.
* *** *
56th session
30 March 2000
Afternoon
High Commissioner on Human Rights Introduces Reports on East Timor and Kosovo
High-level representatives of the Council of Europe and of the Governments of the Sudan, the Democratic Republic of the Congo, Rwanda, and Burundi spoke before the Commission on Human Rights this afternoon. The Commission also held further debate under its agenda item on the "question of the violation of human rights and fundamental freedoms in any part of the world".
United Nations High Commissioner for Human Rights Mary Robinson introduced her reports to the Commission on the situation of human rights in Kosovo and East Timor. On the situation in Kosovo, she said there were concerns for the situation of minority populations. Human rights violations continued and dozens of killings had been reported in recent months. On the situation in East Timor, Mrs. Robinson said the challenge of East Timor was unique and gave the international community the opportunity of accompanying in a supportive way the building of democracy in Indonesia and East Timor. Indonesia continued to make progress in expanding its democracy and in facing internally the issue of responsibility for the events in East Timor.
Pierre-Henri Imbert, Director of Human Rights of the Council of Europe, described Council activities to enhance such rights and expressed concern over situations in Belarus, Kosovo, and Chechnya, and over child labour and trafficking in women in Europe.
Ali Mohamed Osman Yasin, Minister of Justice and Attorney-General of the Sudan, said international discussions of human rights should avoid politicization and selectivity, should be impartial and transparent, and should take a balanced approach to civil, political, economic, social and cultural rights. He also told the Commission that ending the abduction of women and children in rebel-held and adjacent areas in southern Sudan was a matter of utmost priority to his Government, and that a committee had been established to identify those abducted and to find means of reuniting them with their families.
Jean-Martin Mbemba, Minister of Justice of the Democratic Republic of Congo (DRC), said that despite civil war, enormous work had been accomplished by the Government to improve human rights in the country. Freedom of the press had never been greater, no journalist risked being imprisoned, NGOs could operate unhindered, and investigations had been launched into disappearances during the 1998-1999 civil war and the 1993 civil war, he said.
Jean de Dieu Mucyo, Minister of Justice of Rwanda, said the Government had made much progress in recovering from the 1994 genocide: education and safety reigned in the country and development had resumed. Those who had helped Rwanda were thanked; but since the international community bore some responsibility for what had happened in Rwanda, asking for help was therefore legitimate, the Justice Minister said. A mini-Marshall Plan was suggested.
Eugene Nindorera, Minister for Human Rights and Institutional Reforms of Burundi, said the Government had made progress under a broad-based programme to enhance human rights and improve administration of justice, but that the people of Burundi had lived in fear and agony since 1992. It was too much, he said -- it was time to bring an end to the meaningless war and lay down the basis for a durable peace and a society that would respect human rights.
The Commission also heard an introduction to the report of the Special Rapporteur on the situation of human rights in Myanmar.
Seven country representatives spoke on the topic of human-rights violations anywhere in the world. Myanmar and China defended their human-rights performances and China accused the United States of appointing itself "world judge" and "world policeman" on issues of human rights. Kuwait called for the return of Kuwaiti prisoners held in Iraq nearly a decade after the Gulf War, and Botswana noted that when the Commission had met last year, the tragic drama of the brutalization of the Kosovars was being played out daily on television and had formed a macabre backdrop to the Commission's sessions -- and the Commission had proved utterly incapable of stopping the carnage. Pakistan, speaking on behalf of the Organization of the Islamic Conference (OIC), expressed deep concern at what it said was selectivity by certain countries in raising human-rights situations in the Commission, and especially a tendency to level unfounded allegations against a large number of OIC member States, deliberate misrepresentations and slander against Islam, and efforts to equate Islam with terrorism.
Representatives of Norway, Japan, and Botswana cited situations of concern around the globe. All told during the meeting, human-rights problems were alleged in Afghanistan, Iraq, Myanmar, the Great Lakes region of Africa, Colombia, China (including Tibet), Sierra Leone, Sudan, Cambodia, Iran, Angola, Israeli-occupied Palestine, the United States, Jammu and Kashmir, Western Europe, and Cyprus.
The Commission ended its afternoon session at 6 and immediately began an evening meeting. Adjournment was scheduled for 9 p.m.
Statements
PIERRE-HENRI IMBERT, Director of Human Rights of the Council of Europe, said last year the Council’s permanent court had been very busy due to an unprecedented number of applications. The court covered more ground and of a more complex nature than ever before. There were many indications of grave human-rights violations which required the full commitment of the Committee of Ministers. The European Charter of Human Rights had been signed or ratified by all countries in Central and Eastern Europe with the exception of the Russian Federation. Ratification was a condition of membership in the Council.
Even in the 21st Century, there were structural violations of social rights in Europe, such as child labour, Mr. Imbert said. The Council of Europe was using the powers of the Committee on the Prevention of Torture to visit prisons and detention centres. The Council had taken several steps for the protection of minority rights. The European Commission against Racism and Intolerance, for its part, looked into various situations where basic human rights were violated on the basis of gender, culture, ethnic origin or religion. The European Commission would contribute to the European Conference on Racism to be held in Strasbourg in October and preceded by an NGO forum.
Mr.Imbert said no human rights could be upheld without freedom of expression and constant scrutiny of the activities of public authorities. Reference was made to Belarus in this context. Concern was raised regarding an increase in human trafficking, particularly of women, for purposes of sexual exploitation. Lessons had to be learned from events in Kosovo. Southeast Europe was far removed from the desired ideal of peaceful, multi-cultural and multi-ethnic democracy. The Council of Europe was trying to help through programmes increasing stability, training of national institutions, and support of inter-ethnic tolerance and other democratic activities. Human-rights violations in Chechnya were a cause of concern. The next parliamentary assembly would debate this issue. Cooperation and assistance was necessary. The Russian Federation had to account for human-rights violations in Chechnya, and there should be an investigation of the allegations and free access for humanitarian agencies. Those responsible for the abuses must be brought to justice.
ALI MOHAMED OSMAN YASIN, Minister of Justice and Attorney-General of the Sudan, said the promotion and protection of human rights were better served through cooperation, genuine constructive dialogue, and persuasion. Respect for different cultures was an important cornerstone for establishing harmony and a conducive environment for the realization and effective enjoyment of human rights. The avoidance of politicization and selectivity, the augmentation of impartiality and transparency together with a balanced approach to civil, political, economic, social and cultural rights should be the guiding principles in dealing with issues of human rights.
Mr. Yasin said his Government had made a number of reforms and legislative revisions to ensure that laws and legislation were in full conformity with the provisions of the Constitution. A federal system had been established giving more powers to state governments to satisfy demands for geographical and regional autonomy. Freedom of expression and opinion was guaranteed and exercised. Seventeen privately owned daily newspapers were freely published in the country. In addition, since Sudan had started oil exporting, the revenue generated from that sector would be directed towards the rehabilitation of infrastructure and development of the whole country and in particular southern Sudan.
Fully aware of the impact of war on all aspects of life, the Government of Sudan was dedicated to bringing about a just and lasting peace in the country, Mr. Yasin said. A peace agreement had been signed with seven out of eight rebel factions in 1997 and incorporated in the new Constitution. It was the Government's conviction that any human-rights violations in the Sudan had direct relation to the ongoing military conflict in the south, notwithstanding the Government's effort to observe international humanitarian law. The attainment of peace was a key factor for the enjoyment by the Sudanese people of their human rights.
Mr. Yasin said that ending the abduction of women and children in rebel-held and adjacent areas in southern Sudan was a matter of utmost priority to his Government. A committee had been established to identify those abducted and to find means of reuniting them with their families.
JEAN-MARTIN MBEMBA, Minister of Justice of the Democratic Republic of the Congo (DRC), said civil war in the country had been triggered in 1993 by President Pascal Lissouba and Prime Minister Joachim Yhomby Opango, and in 1997 and in 1998 by Bernard Kolelas and Nguila Nkombo-Moungounga. These wars were contrary to the principles contained in the Geneva and the Hague Conventions. The enormous work accomplished by the Government headed by President Denis Sassou-Nguesso had resulted in an improvement in the human-rights situation in the country. Freedom of the press had never been greater; no journalist risked being imprisoned, and NGOs could operate unhindered. Further, investigations had been launched into disappearances during the 1998-1999 civil war and the 1993 civil war.
Despite the difficult socio-economic situation, the Government was trying to implement measures in the area of security, justice, social peace and national reconciliation with the aim of establishing a state of law and eradicating violence, Mr. Mbemba said. The Government had also created three bodies aimed at fostering human rights. In all, eight international human-rights covenants had been ratified in two years. The process of ratifying the status of the International Criminal Tribunal was also at an advanced stage. The DRC was also collaborating with France in the training of police officers and magistrates. These and other steps demonstrated that country was on the path to re-establishment of a state of law.
JEAN DE DIEU MUCYO, Minister of Justice of Rwanda, said that Government achievements in the six years since the genocide were numerous. Many international observers had witnesses these achievements, such as the Commission’s Special Rapporteur, whose report clearly noted the improvements in Rwanda. Education and safety reigned in the country and the development process was under way. Positive values had to be restored to achieve national reconciliation. However, Rwanda could no longer tolerate the Internahamwe Militia continually disturbing the peace. The Democratic Republic of Congo was reminded that this activity constituted a clear abuse of the Lusaka Agreement.
Rwandan refugees were returning to the country. There were problems of access to housing and arable land which had been addressed by a Government policy aiming to regroup people in villages. The international community was urged to help the Rwandan people fulfil their social and economic rights. Those responsible for the genocide still needed to be brought to justice. A judiciary eradicating impunity had been established, contributing to a change of mentality. However, the judiciary was by no means restored to a size equal to the expectations of it. Due to the great number of prisoners, Rwanda was envisaging participating justice which was part of the Rwandan Constitution and would be applied on a local and prefectural level.
All those who had helped Rwanda were thanked; however, the international community bore some responsibility for what had happened in Rwanda. Asking for help was therefore legitimate. A mini-Marshall Plan was suggested. Free elections had been held a year ago. Laws voted on by the Government had been put in place and a National Human Rights Commission had been established with the purpose of investigating human-rights violations, especially by state bodies. The Commission for Reconciliation and National Unity was already operational. Institutions were operating transparently and democratically, and programmes against corruption had been undertaken.
EUGENE NINDORERA, Minister for Human Rights and Institutional Reforms of Burundi, said the people of Burundi had suffered and lived in fear and agony since 1992. For more than six years the country had been besieged by armed conflict, civil war and massive violations of human rights. All that as a whole was too much. It was time to bring an end to the meaningless war and lay down the basis for a durable peace as well as a society that would respect human rights. All those objectives could be realized by the Government of Burundi despite the difficulties with which Burundian society was confronted.
Mr. Nindorera said that over the last 12 months, the Government's programme of action with respect to the promotion and respect of human rights had made progress. Among other things, a new code of criminal procedure to guarantee rights and end abuses related to detention and arbitrary detention had been put in place. The results of its application during the first months had been promising. The responsibility of the Government related to issues of human rights violations had been increased. In April, the Council of Ministers would be studying a draft text aimed at creating a governmental commission on human rights which would have power to seize the judiciary and Government ministries on matters of complaints of human-rights violations.
The progress realized was the result of efforts agreed upon by associations for human rights within the country, organizations of the United Nations, and particularly the Office of the High Commissioner for Human Rights. All did not hesitate to criticize the Government of Burundi as the first entity responsible for the human-rights situation in the country. The Government was thankful to States, international organizations and non-governmental organizations for their support to the distressed people of Burundi.
MARY ROBINSON, the United Nations High Commissioner for Human Rights, presented under agenda item 9, her reports to the Commission on the situation of human rights in Kosovo and East Timor. The reports were based on information supplied by missions, other United Nations agencies present in the areas and non-governmental organizations.
The report on Kosovo focused on four areas: security concerns including the rights of minorities; the rights of prisoners, detainees and missing persons; the establishment of the rule of law; and the promotion of a human rights culture. The report described the grounds for concern which persisted in Kosovo, mainly to do with the situation of minority populations. The Yugoslav Red Cross had said there were some 235,000 Serb and Roma internally displaced people from Kosovo who were now in Serbia and Montenegro. Human rights violations persisted, dozens of killings had been reported in recent months. Severe restriction on freedom of movement and various forms of discrimination were as worrying as the reports of violence. One of the priorities of the Office of the High Commissioner had been the protection of the rights of prisoners and detainees, gathering information on detentions, supporting advocacy on behalf of detainees, prisoners and their families, visiting the places of detention in Serbia and Montenegro and conducting trial-monitoring.
Mrs. Robinson said the report stressed the establishment of the rule of law and the promotion of a culture of human rights. The work carried out by the UN mission in Kosovo, the OSCE, UNCHR and other intergovernmental and non-governmental organizations was commended. However, more international police officers should be made available, judge and prosecutor positions also needed to be filled. A declaration had been adopted calling for the promotion of tolerance and a human rights-oriented society which was a step in the right direction. The role of local and national leaders was emphasized in stopping the cycle of violence which was hindering the rebuilding and renewal process in Kosovo.
The High Commissioner said her report on East Timor provided information on assisting the mechanisms of the Commission, a comprehensive programme of technical cooperation in the field of human rights in cooperation with other United Nations activities focusing on the capacity-building and reconciliation with a view of finding a durable solution to the problems in East Timor, and the latest developments in the region. In addition there was a report by the special procedures mechanisms on their joint mission to East Timor, the report of the International Commission of Inquiry, the observations of the Government of Indonesia on that report and the views of the Members of the Security Council on the report of the International Commission of Inquiry.
Mrs. Robinson said the challenge of East Timor was unique and gave the international community the opportunity of accompanying in a supportive way, the building of democracy in Indonesia and East Timor. Indonesia continued to make progress in expanding its democracy and in facing internally the issue of responsibility for the events in East Timor. The Office of the High Commissioner for Human Rights, following requests made to the Secretary-General during his visit in Indonesia, would mobilize assistance. The United Nations had taken up a trusteeship responsibility to the people of East Timor which included a very clear human rights dimension in the spirit of the UN Charter and the Universal Declaration of Human Rights.
The Special Rapporteur on the situation of human rights in Myanmar, RAJSOOMER LALLAH, was not present and his statement was read out by a member of the Secretariat. The report focused mainly on the exercise of civil and political rights in the country. The negation of the exercise of political rights remained the root cause of the violation of all other fundamental rights. All powers of government and administration continued to be exercised by the regime without any answerability to the people and without the will of the people. Those powers were inexorably exercised with the help of highly repressive and exceptional laws or orders. The military structure within which the judiciary functioned prevented it from operating in a fair and independent manner and from protecting basic human rights against the acts of a Military Execution Administration.
According to the statement, the present report gave a concrete indication of the policy of the regime to continue maintaining a firm grip on all powers of government. This inevitably resulted in a daily violation of basic rights and a violation of recognized international norms governing the promotion and protection of those rights. The situation was made worse by the continued reluctance of the regime to engage in a genuine dialogue with the National League for Democracy as well as with the representatives of the ethnic minorities. Such a dialogue would clearly help in resolving the political stalemate arising from the refusal of the regime to respect and give effect to the will of the people which was expressed in the general elections held a decade ago.
BJORN SKOGMO (Norway) said that in some areas, such as the Horn of Africa, conflicts had been going on for so long that a whole generation had grown up without any freedom or any escape from fear or want. In other areas historic conflicts had recently flared up again with devastating consequences for the lives and livelihoods of entire populations, such as in Chechnya. On of the most serious human-rights situations was in Afghanistan. The situation in Iraq continued to be characterized by the most blatant disregard for human rights. Extra-judicial executions and disappearances were widespread and the population was deprived of the most basic freedoms. Other situations of great concern were to be found in Myanmar and in Africa around the Great Lakes region.
In Colombia, paramilitary groups engaged in attacks against civil society. The human rights situation in Kosovo was also of great concern, with frequent reports of discrimination, dislocation and even outright killings. In China, much remained to be done with regard to the lack of transparency of the Government, restrictions on the practice of religion or belief, and denial of the rights to peaceful assembly, freedom of association and speech. The human-rights situation in Tibet still gave cause for concern. The signals given by the new Government of Indonesia were encouraging in terms of improving human rights and bringing to justice those who were responsible for atrocities committed in East Timor. Other human-rights situations which gave rise to concern were in Sierra Leone, Sudan, Cambodia and Iran.
DHARAR A. R. RAZZOOQI (Kuwait) said the Special Rapporteur on the human-rights situation in Iraq had fulfilled his mandate and had given the Commission a clear picture of the flagrant violation of human rights in Iraq. The former Special Rapporteur had concluded in 1992 that the gravity of the situation in Iraq had few comparisons since the end of the Second World War. What was happening was truly tragic, was deplorable by all means. The continuation of such a situation represented a threat to Kuwait, to other countries in the region, and to international peace and security.
It was alarming to think that nearly a decade had passed since the Iraqi occupation of Kuwait and that the repatriation or return of all Kuwaiti and third-country nationals had not been fully carried out by Iraq. The International Committee of the Red Cross had repeatedly expressed its commitment to identifying ways to achieve positive results and to providing information to the families of persons unaccounted for. However, Iraq obstinately refused to cooperate in determining the whereabouts of prisoners of war. Kuwait called upon the international community to support it in its just cause and to require Iraq to release all Kuwaiti prisoners and all nationals of other countries.
LEGWAILA LEGWAILA (Botswana) said that when human beings were denied their fundamental rights to freedom and liberty, to life and the pursuit of happiness, they were prone to resort to rebellion to assert their humanity and seek liberation. This had been the epic story of the violent century to which the world had just bid farewell. Unfortunately, the new century had begun with the baggage of the outgoing century. Reading item 9's documentation, one was poignantly struck by the magnitude of the inhumanities that were still being visited upon millions of human beings all over the world.
To the people of Angola, Sierra Leone, the Democratic Republic of the Congo, Burundi, Afghanistan, Kosovo, Palestine and many others, the onset of a new century had brought neither hope nor relief from abject misery brought about by endemic conflict or war. When the Commission met last year, the tragic drama of the brutalization of the Kosovars was being played out daily on television and had formed a macabre backdrop to the Commission's sessions. The Commission proved utterly incapable of stopping the carnage. Members of the Commission even got accustomed to watching the raw cruelty of it all on television after delivering long righteous speeches on human rights during the day.
KOICHI HARAGUCHI (Japan) said that there had been positive developments related to human rights in East Timor. The rapid changes that had taken place in Indonesia last year were remarkable and the manner in which problems were dealt with was commended. The National Commission of Inquiry had been fulfilling its duty in line with what this Commission had envisaged. China had come very far but there were a number of individual human rights cases which could not but draw the attention of the international community. China was called upon to enhance civil and political rights and ratify and implement the two international covenants in the near future.
The expression of reform in the Iranian elections was welcomed. Iraq was called upon to comply with international obligations and end the suffering of its people. Taliban representatives had been invited to Tokyo where they said they had made considerable efforts to ensure human rights but were disappointed by the international community’s endless criticism. Freedom of expression was needed in Cuba, and the Cuban Government was called upon to cooperate constructively with the international community. The right to life had to be improved in Sierra Leone to ensure a long lasting peace. The Russian Federation was called upon to set a good example to the international community and to address the situation in Chechnya. Concern was also raised regarding Cyprus and Kosovo.
QIAO ZONGHUI (China) said China recognized the universality of human rights, respected the purpose and principles of the Charter of the United Nations, and observed international conventions on human rights. The promotion and protection of human rights in China should be seen in the context of China's actual situation. In 1999, the Government had continued to concentrate its efforts on economic development in light national conditions. A serious of transparency policies had been adopted to bring more openness to the police department, the procurators' offices, the courts and the prison systems. In addition, freedom of expression and of assembly had been protected in compliance with relevant laws.
China's human-rights situation had not deteriorated but had progressed. However, with a haunting Cold War mentality and the strong sense of superiority, the United States had sought to impose its value system and ideology on others. The United States thought international standards were in reality simply American standards and the so-called democratic model was the synonym of the American model. For the US, human-rights issues only existed in developing countries. It had granted itself the title of "world policeman" and "world judge". Even in supposedly democratic systems, human rights were violated for various reasons. If the United States was bent on pursuing a confrontational course, China was fully prepared to keep it company and fight to the finish, but such bullying tactics would finally do more harm than good.
MUNIR AKRAM (Pakistan), speaking on behalf of members of the Organization of the Islamic Conference (OIC), except Morocco, said there were several situations where the fundamental human rights of Islamic peoples were being denied and suppressed. Deep concern was expressed about gross violations of human rights of Palestinians and other Arabs living under Israeli occupation. The people of Afghanistan deserved peace and national reconciliation and reconstruction. In Jammu and Kashmir, there had been an increase in the use of force and violations of human rights committed against innocent Kashmiris. The security situation in Kosovo was also worrying, including a buildup of para-military forces in the northern and eastern parts of Kosovo, leading to expulsions of Kosovars from their homes. The plight of one million Azeri displaced persons and refugees was also highlighted, as was the humanitarian catastrophe in Chechnya.
Deep concern was expressed at the selectivity of certain countries in raising human-rights situations in the Commission, especially the tendency to level unfounded allegations against a large number of OIC Member States. The misperception regarding slavery in some Islamic countries was a case in point, as was frequent and deliberate misrepresentation and slander against Islam, and efforts to equate Islam with terrorism. Deep concern was also expressed at the plight of Muslim minorities in several non-Muslim States who were exposed to persecution or oppression because of their religious beliefs. The human-rights situation in Western Europe, which was still haunted by the spectre of racism, was marked by disturbing trends, including a continuing pattern of police ill-treatment of foreigners and forcible deportations resulting in deaths. These grave developments had not prompted any serious introspection on the part of the European Union, which persisted to pontificate and denounce solemnly on situations of
which it had at times little understanding.
U MYA THAN (Myanmar) said that the report of Special Rapporteur Lallah on Myanmar was a litany of false statements, based on unsubstantiated allegations by anti-Myanmar Government elements and insurgents. Responding to some of the allegations contained in the report, the representative said that far from having a shortage of food, Myanmar had been a traditional exporter of rice. The economic situation in the country was also positive, with 7 per cent growth in 1998. The practice of forced labour was non-existent in Myanmar. There were no restrictions on freedom of assembly and movement. Evidence of religious tolerance was not only real but visible. Far from being subjected to violence, Myanmar women were among the privileged women who enjoyed the highest status in the world. Universities were open and students were pursuing their studies peacefully.
The only positive aspect touched upon by Mr. Lallah in his report concerned the cooperation between Myanmar Government and the ICRC. He failed to mention the concrete achievements accomplished by the State Peace and Development Council such as the prevalence of peace and tranquillity throughout the country, the framing of a new state Constitution, an unprecedented degree of national unity and reconciliation, and unprecedented infrastructure-building activities. Through these concrete achievements the Government had fulfilled the basic needs of the Myanmar people -- food, clothing and shelter.
CLARIFICATION
The Yemeni Government representative whose statement is summarized in press release HR/CN/00/13 of 28 March was incorrectly identified to conference services staff and hence to press officers covering the meeting. The error was not the fault of conference services staff or the staff of the Division of Public Information. The speaker was Dr. M. Alatar. The summary thus runs as follows:
M. ALATAR (Yemen) said the workshop held on the right to development in Yemen in February was an indication of the importance the country placed on this right. It was to be hoped that international and regional cooperation would result in measures to ensure the real implementation of the decisions and recommendations taken at the workshop. The intent was to limit poverty, improve living standards, and so ensure the realization of a broad slate of human rights with beneficial results for the political sphere as well.
The High Commissioner for Human Rights had visited Yemen, had met with senior officials in the country, and had participated in the opening of the workshop. The visit had had very positive results. Yemen had witnessed important developments in human rights recently, and these events reinforced the trend, although difficulties continued to be encountered in enforcing various economic and human-rights measures because of financial constraints; further international support was needed for Yemen’s human-rights programme if it was to be successful.
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