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19 April 2000
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Commission on Human Rights
56th session
19 April 2000
Morning
Hears Reports on Human Rights Situations in Somalia, Haiti and Cambodia,
Expresses Deep Concern at Human Rights Deterioration in Colombia
The Commission on Human Rights this morning expressed deep concern at the deterioration of the human rights and humanitarian situation in Colombia.
In a Chairman’s statement, the Commission stated that it remained deeply concerned about the lack of a permanent cease-fire in Colombia and about the grave and persistent abuses of international humanitarian law despite the ongoing peace process. The statement called on all parties to reach as a priority a comprehensive human rights and humanitarian agreement and to initiate discussions on an agreement on the question of how victims of the conflict may be recognized and may obtain reparation.
The Commission also expressed its deep concern at the deterioration of the human rights and humanitarian situation in Colombia during 1999 which was characterized by a decline in reported human rights violations, offset by an increase notably in abuses and killings by the military. The Commission strongly condemned all acts of terrorism and violations of international humanitarian law committed by guerrilla groups, including the systematic kidnapping of children.
During its morning meeting, the Commission also heard introductions to reports on the human rights situations in Somalia, Haiti and Cambodia which expressed concern at the human rights situations in those countries.
Mona Rishmawi, Independent Expert on the situation of human rights in Somalia, said that with the growing decline of the powers of the warlords, much of the violence in the country now was criminal rather than political. A new power had emerged in various parts of central and southern Somalia, particularly in the coastal areas, with the institution of Sharia courts that were supported by their own militias. That system was finding financial support among the business community in order to clear the area of banditry.
Adamo Dieng, Independent Expert on the human rights situation in Haiti, said the sorry state of Haitian judiciary - characterized by a dysfunctional penal system, lack of independence of both judges and Government commissioners and limited access to justice - continued to frustrate not only the population but also to deter investors.
The human rights situation in Cambodia was also invoked by the Special Representative of the Secretary-General to Cambodia, Thomas Hammarberg, who noted that despite the decision of the Government to introduce judicial reform, the administration and functioning of the judiciary remained an issue of major concern. Mr. Hammarberg was not present and a colleague introduced his report.
Leila Takla, Chairperson of the Board of Trustees of the Voluntary Fund for Technical Cooperation in the Field of Human Rights, also told the Commission that technical cooperation implemented field projects to ensure the establishment and functioning of institutions and programmes needed for the respect of human rights.
The Commission also heard statements on the subject of advisory services and technical cooperation in the field of human rights from representatives of Governments and non-governmental organizations who underlined the significant role such services and cooperation played in the promotion and protection of human rights, particularly for countries in transition and without adequate resources.
Representatives of the following countries participated in the debate by contributing statements: Japan, Venezuela, the Russian Federation, Croatia, Haiti, Portugal, El Salvador, Madagascar, Zambia, India, Chile, Ecuador, Panama, Ukraine and Iran. A representative of the International Committee of the Red Cross also made a statement as did the representatives of Earth-Justice Legal Defence Fund, Service, Justice and Peace in Latin America, Aliran Kesedaran Negara: National Consciousness Movement and the International Young Catholic Students.
The Commission reconvenes at 3 p.m. to discuss its agenda item on the realization of the work of the Commission.
Chairman’s Statement on Colombia
SHAMBHU RAM SIMKHADA, Chairman of the Commission on Human Rights, said that the Commission remained deeply concerned about the lack of a permanent cease-fire and about the grave and persistent abuses of international humanitarian law despite the ongoing peace process in Colombia. It called on the parties to reach as a priority a comprehensive human rights and humanitarian agreement and to initiate discussions on an agreement on the question of how victims of the conflict may be recognized and may obtain reparation.
The Commission expressed its deep concern at the deterioration of the human rights and humanitarian situation in Colombia during 1999 which was characterized by a decline in reported human rights violations, offset by an increase notably in abuses and killings by the military. In this context, the Commission unequivocally condemned the persistent and grave violations and abuses perpetrated by the military groups and guerrillas and called on the Government to take urgent action to intensify political, administrative, judicial and other appropriate measures with respect to official bodies, members of the armed forces and individuals suspected of supporting paramilitary groups.
The Commission strongly condemned all acts of terrorism and violations of international humanitarian law committed by guerrilla groups, including the systematic kidnapping of children. It noted with concern the continued use of child soldiers and anti-personnel mines by the guerrillas. The Commission also condemned the continued mass abductions and destruction of power lines by the ELN, and the killing of foreigners and continuing kidnapping by the FARC.
The Commission remained deeply concerned about the increase in the number of internally displaced persons in Colombia and deplored the persistence of worrying levels of impunity in cases of serious crimes, particularly in the military jurisdiction. The Commission strongly condemned the continuing attacks on human rights defenders as well as on journalists and labour union members. The Commission noted with concern the effects of violence in Colombia, particularly those victimizing minority groups such as the indigenous and Afro-Colombian communities.
Statements
MONA RISHMAWI, Independent Expert on the situation of human rights in Somalia, predicted that tomorrow was a day of hope for Somalia; the Somalia National Peace Conference would be declared open in Djibouti by the country's President. A reconciliation process would follow over a long period of time, estimated to be three years. The process was based on the President's initiative that he had declared before the General Assembly on 22 September 1999. That significant initiative was supported not only by the international community, but more importantly, by Somalia’s civil society. All actors should make sustainable efforts to ensure its success. The President had identified various phases for his plan: the convening of a reconciliation conference; the disarming of the faction leaders, and the conversion of their factions into political parties that would compete in elections.
Ms. Rishmawi said she had visited the region from 14 to 24 November 1999. However, the poor security situation in the Somali capital Mogadishu did not allow her to visit it. She found that despite the serious human rights and humanitarian crisis most Somalis had to endure, on a daily basis, civilians, in particular women, children and the intellectuals, aspired to live in a peaceful and stable Somalia ruled on a basis of dignity and respect. During 1999, approximately half of the territory of Somalia had been peaceful, especially in the North, although the country had remained without a central government since 1991. The two northern territories, known as Somaliland and Puntland, had made remarkable progress in maintaining and strengthening the atmosphere of peace and security that they had already established in the areas under their control. That had not been without difficulties, however.
With the growing decline of the powers of the warlords, much of the violence in the country now was criminal rather than political. A new power had emerged in various parts of central and southern Somalia, particularly in the coastal areas, with the institution of Sharia courts that were supported by their own militia. That system was finding financial support among the business community in order to clear the area of banditry. There were no reports of corporal punishments having been handed down by those courts; instead, detention, rehabilitation and reeducation were employed. However, many acts that could be qualified as war crimes or crimes against humanity were still being committed now in Somalia.
LEILA TAKLA, Chairperson of the Board of Trustees of the Voluntary Fund for Technical Cooperation in the Field of Human Rights, said technical cooperation was indeed different from other activities, such as humanitarian assistance, human rights monitoring and investigation. It implemented field projects to ensure the establishment and functioning of institutions and programmes needed for the respect of human rights. Technical cooperation supported national efforts to strengthen court systems, the judiciary and the administration of justice in line with international standards, introducing human rights in school curricula and helping to establish offices of Ombudsmen or women's institutions.
The role and the scope of technical cooperation had expanded; in 1992 ad hoc activities, such as training courses and translation of international instruments were carried out in around 20 countries. Five years later, 53 country, regional and global projects were either in the process of formulation, implementation or evaluation under the Voluntary Fund. By 1999, about 100 projects had been implemented in 45 countries in most regions of the world. Technical cooperation was also significant in the process of treaty reporting as in Albania, and in the field of peace and reconciliation as seen in Sierra Leone.
Ms. Takla also highlighted the importance of cooperation with other United Nations agencies and programmes. The past year had witnessed an increase in the number of projects in cooperation with UNDP and other agencies toward the elimination of extreme poverty. She concluded by urging all Member States to provide increased support to the High Commissioner for Human Rights, both politically and financially, in order to strengthen national capacities for the promotion and protection of human rights.
ADAMA DIENG, Independent Expert on the situation of human rights in Haiti, said that the sorry state of Haitian judiciary - characterized by a dysfunctional penal system, lack of independence of both judges and Government commissioners and limited access to justice - continued to frustrate not only the population but also to deter investors. A matter of serious concern was the failure by Government commissioners to execute provisional release orders issued by judges, in particularly with respect to sensitive cases. Further, there were cases of illegal detention for debt and witchcraft; lack of respect for judicial procedures due to the ignorance or corruption of judges; and denial of fair trial. Under such circumstances, it was not surprising that only 15 per cent - 270 people - out of the 1,800 detainees held in the national penitentiary had been tried, while the remaining 85 per cent - 1,500 people - were under preventive detention. Further, most dossiers were marred by judicial irregularities.
The corruption of judges constituted a major obstacle to reconciling the population with the judiciary. Indeed, the state of decay of the judicial system contributed to increasing the climate of impunity which prevailed in the country. This phenomenon of corruption became even more evident because of drug trafficking, which was increasing in scale due to the involvement of several police officers. Drug trafficking represented a serious danger to the stability of Haiti and the international community was urged to help the country combat the plague. It was imperative to adopt a plan of action to reform the judicial system, in view of its vital role in protecting and promoting human rights. A serious obstacle to the implementation of such a plan however was the absence of an operational parliament. Other problems threatening the rule of law were poverty, lack of good governance and security.
The Independent Expert highlighted the important contribution made by the United Nations Mission in Haiti (UNMIH), whose mandate had not been renewed due to financial constraints. Today more than ever, the Office of the High Commissioner for Human Rights must fill the gap left by UNMIH and must systematically monitor the human rights situation in the country and assist the Government in the ratification process of core international human rights instruments.
GIANNI MAGAZZENI, reading out the introduction of the report by THOMAS HAMMARBERG, the Special Representative of the Secretary-General for human rights in Cambodia, said he had carried out 16 official missions to Cambodia. Despite the decision of the Government to introduce judicial reform, the administration and functioning of the judiciary remained an issue of major concern. The interference by the executive was said to continue and therefore the independence of the judiciary remained limited. Professional standards in the courts were low and corruption was flagrant. Individuals in custody of the police, gendarmerie or the armed forces were victims of torture and ill-treatment for extortion of confessions. Prisons were of concern and were overcrowded, resulting in poor health and nutrition for the detainees. Many arrests were un-constitutional and in violation of United Nations Transitory Provisions on Criminal Law and Procedure. On the positive side there had been a recent signing of the United Nations Inter-agency Memorandum of Understanding with the Ministry of Interior on Law Enforcement Against Sexual Exploitation of Children. A draft sub-decree for the establishment of a Cambodia National Women Council was underway and welcomed.
KOICHI HARAGUCHI (Japan) highlighted the progress made last year in the framework of regional cooperation for the promotion and protection of human rights in the Asia-Pacific region. Regional cooperation in the region had started the inter-sessional process with work on the four priority areas identified in the 1998 Tehran Workshop, namely national plans of action for the promotion and protection of human rights and strengthening of national capacities, human rights education, national institutions for the promotion and protection of human rights, and strategies for the realization of the rights to development and economic, social and cultural rights.
There were several observations from the inter-sessional workshop hosted by Japan. It was noted that there were only two States in the region which had adopted educational programmes for specific areas; human rights education had to include not only rights but also obligations; education included more than just the distribution of pamphlets; there was a need for human rights education for the law enforcement; human rights education had to be developed hand-in-hand with assistance, and the Office of the High Commissioner for Human Rights played an important role in assisting countries in the development of national plans of action.
RICARDO SALAS (Venezuela) said that his country’s policy of respect, defence and promotion of human rights at the national and international levels was based on principles enshrined in the national Constitution, which recognized the universality of individual and social rights and reaffirmed the commitment of Venezuela to ensuring freedom of all, protecting human dignity, maintaining legal and social equality without discrimination, promoting the well-being of inhabitants, ensuring the participation of all in the enjoyment of wealth, and supporting democracy as the only means of upholding human rights and the dignity of citizens.
Venezuela had fostered the establishment of national institutions to defend human rights such as the Office of the Ombudsman and Public Prosecutor which had the responsibility of promoting and defending human rights. A national Commission for Human Rights was charged with the task of coordinating activities for the promotion and protection of human rights. The national institutions were independent and enjoyed financial and administrative autonomy, which ensured the transparency of their actions. These institutions not only guaranteed respect for human rights but also sensitized citizens to the existence of these rights. Since the establishment of the national institutions, the police forces had received better training in human rights and there had been improvement in the process of dealing with complaints, among others.
GRIGORY LUKIYANTSEV (the Russian Federation) feared that the functioning of monitoring systems and international human rights treaties were no more than declarations. The importance of the enhancement of treaty bodies, the periodic reports and the compliance of States to human rights treaties was emphasized. In the current system there was no compliance and States submitted the reports very late. The restructuring of the current system was very urgent. One had to criticise States as well as the treaty bodies. One example was the Committee against Torture where a significant amount of time passed after a report was submitted so there were even changes within the presenting State and the report was no longer accurate. Committees should deal only with the issues under their mandate and their concluding observations should contain accurate and legally valid formulas. The multitude of issues imposed on the special procedures affected the quality of the work. The work often consisted of monologues by Special Rapporteurs and Working Groups, not giving enough time for States to respond. There had to be a dialogue between special procedures and the States concerned. Unfortunately some special procedures suffered the same shortcomings as human rights treaty bodies themselves, that is, the exceeding of the mandate given to them. This was damaging to the relationship between States and the special procedures.
VICE SKRACIC (Croatia) said his country was engaged in the establishment of a network of national human rights institutions as a response to various proposals contained in different international policy documents. Consequently, the Croatian Government had developed a systematic approach to the protection of human rights by establishing bodies which covered the specific needs of those parts of the population which required special attention.
The establishment of the Office of the Ombudsman was among the first, and was soon followed by the Government Commission on Gender Equality, the National Committee on Human Rights Education and the Council for Children. The institutional structure of human rights bodies was completed with the establishment of the Croatian Government Commission on Human Rights. One of the tasks common to all these national institutions was the development of a rights-based approach on issues within their sphere of responsibility. The institutions also engaged in raising public awareness on the existence of certain basic human rights, as well as punitive actions for violations. The National Committee had recently completed the national Programme for Human Rights Education, which was applied to all levels of education.
JOSEPH PHILIPPE ANTONIO (Haiti) said the political crisis being experienced by Haiti actually concerned the highest instance of the Government. Indeed, the institutional blockage resulted essentially in the repeated postponement of the date of legislative and local elections. Those successive postponements of the elections had been the consequence. The Provisional Electoral Council had been incapable of putting the electoral machinery under its control and there were technical difficulties in the registration of electors. In light of the organization of the elections, there had been a suspicion, which was alluded to by some quarters, of the existence of a strategy of manipulation to exclude from participation a certain group of the population.
Concerning the manipulation of the elections, the largest class of the population was targeted, particularly the most disadvantaged group in the society. A radio journalist had denounced last March the possibility of a coup d'etat; those who assassinated him on 3 April succeeded in silencing him. The delegation of Haiti paid homage for his courage. Today, new dates had been fixed for the elections by the Government and the Electoral Council for 21 May and 25 June 2000. Without the holding of free and fair elections it would be impossible for Haiti to ensure stable democratic institutions to react to the challenges faced by the population.
KOICHI HARAGUCHI (Japan) said that providing advisory services and technical cooperation upon consultation between the government concerned and the Office of the High Commissioner for Human Rights (OHCHR), and identifying the area where the assistance was most needed, was a very practical and effective approach. The efforts of the OHCHR to pursue a policy of greater collaboration with other UN actors to ensure efficient use of resources and to maximize the impact of the projects were welcomed, as was the annual appeal of the OHCHR and its focus on the technical cooperation activities and human rights support for peace-making, peacekeeping and peace building activities.
Japan provided technical assistance to developing countries to aid democratic development and promote human rights. Japan had been involved in bilateral cooperation through activities such as dispatching and receiving experts, sending qualified personnel for election monitoring, and training police officers, lawyers, judges, journalists, government officials, and others who were involved in the promotion and protection of human rights. Concerning Cambodia, the political will of the Government of Cambodia to promote and protect human rights, supported by the technical assistance of the Office of the High Commissioner, continued to foster progress in the human rights situation in that country. Japan observed however that there was still room for further improvement and called for the renewal of the mandate of the Office there.
JOSE PEREIRA GOMES (Portugal), speaking on behalf of the European Union and countries associated with it, said that it was the duty of States to promote and protect human rights and fundamental freedoms. Advisory services and technical cooperation in this process played a significant role. Without the commitment of the State the provision of advisory services and technical cooperation would not bear fruit. The aim of technical cooperation was to build sustainable national capacities to implement international human rights standards. In this context the role of the national human rights institutions should be consolidated and strengthened. Assistance should be given to the process of reforming national legislation with a view to ensure its consistency and conformity with international human rights norms and standards. The training of judges, lawyers, prosecutors and prison officials, as well as law enforcement, was of utmost importance.
It was essential to reach civil society as a main beneficiary of technical assistance programmes and to assure its full participation in the design and implementation of those programmes. The European Union stressed the need for increased cooperation and coordination between all the relevant actors within the United Nations system, both at the Headquarters and at the country level. This allowed for the maximizing of the impact of technical cooperation, the avoidance of duplication, and the minimizing of administrative costs. The European Union suggested that the mechanisms of the Commission on Human Rights explore the potential for advisory services in their observations and recommendations. Besides voluntary contributions, the European Union firmly believed that the Office's share in the United Nations regular budget should be increased to meet the growing demands on its work and to finance its wide range of activities.
MARIO CASTRO GRANDE (El Salvador) recalled that in 1997, his Government and the Office of the High Commissioner for Human Rights had signed an agreement to implement the recommendations of various specialized agencies, including those of the Human Rights Committee. The agreement had focused on technical assistance to foster human-rights institutions and to strengthen the democratic process. An effective protection and guarantees of the human rights and fundamental freedoms of the population were also being realized. International standards of human rights had been put in place through the enactment of domestic legislation and other instruments designed to promote and protect human rights. At present, the institutions put in place were capable of enhancing the protection of human rights and cooperating with international organizations working in that field.
MAXIME ZAFERA (Madagascar) said that its Constitution included provisions for the promotion and protection of human rights and provided for the creation of a national commission to this end. The commission was set up in 1996 and was divided into several sections, the main role of which was to consider individual complaints relating to human rights violations, mount a campaign for the ratification of international treaties, promote a culture of human rights, assist the Government in its reporting obligations under international treaties and follow-up on conventions adopted.
At the institutional level, the attention of the Commission was drawn, among others, to the ratification by Madagascar of numerous international human rights instruments; prohibition by law of discrimination; guarantees under the Constitution for freedom of expression, press, religion, association; the establishment of an office of a mediator, which constituted a final resort to citizens faced with abuse of power; the independence of the judiciary guaranteed under the Constitution; and the fight against child prostitution. With regard to technical assistance, Madagascar expressed its view that technical and consultative services constituted one of the most efficient means of helping countries wishing to strengthen efforts to promote and protect human rights.
PALAN MULONDA (Zambia) said the period of standard-setting in the field of human rights was over and what remained was the implementation of these standards. Standard-setting had evolved faster than institutional capacity in most jurisdictions which had embraced international human rights standards. There was a need for intervention in the form of advisory services and technical cooperation to balance the equation. The delegation of Zambia was disturbed at the lack of sufficient resources in the High Commissioner's Office for the strengthening of national capacities promoting human rights. Zambia was party to the main six United Nations instruments on human rights and was engaging in State reporting. This was an important step on the implementation path, affording the opportunity to acknowledge problems, review policies, legislation, judicial decisions and administrative practices. It also demonstrated to the people of Zambia the Government's political will to implement standards embraced at an international level.
The Zambian Government had found assistance and allies in the Swedish International Development Agency (SIDA), the Raoul Wallenberg Institute of Human Rights, and in the British DFID. In fact, Zambia was currently finalizing its initial report under the Convention Against Torture, an exercise made possible by the technical assistance from the Swedish Government. If the world was to avoid the atrocities which shocked consciences in the past century, it was time to become more proactive rather than reactive in the interventions from a technical cooperation perspective.
A. GORINATHAN (India) stressed that one of the principal purposes of the United Nations was to achieve international cooperation for promoting, protecting and encouraging respect for human rights. It had been India's consistent view that human rights were best promoted, protected and developed through a promotional approach -- an approach which involved dialogue, cooperation and consensus-building. In addition, the developing and strengthening of national capacities and institutions in the field of human rights was, indeed, a key area for international cooperation. In that context, it was also the view of India's delegation that advisory services and technical cooperation, provided at the request of Governments with a view to developing national capacities, constituted one of the most effective and efficient means of promoting all human rights, democracy and the rule of law.
The principal focus of the advisory services and technical cooperation programmes had to remain the building of national capacities. Indeed, that should also be the cornerstone of all human rights endeavours. The importance of utilizing national human rights expertise to ensure the sustainability of the endeavours and to address the specific requirements of States could hardly be over-emphasized. In the absence of such promotional activities, prevention and monitoring alone could not produce lasting results.
PEDRO OYARCE (Chile) said that there was a positive trend of countries calling for more technical assistance. Chile was prepared to cooperate with the Office of the High Commissioner for Human Rights in the field of technical assistance with a view to consolidating the rule of law and promoting a culture of respect for human rights. Chile was also interested in co-sponsoring a draft resolution on technical assistance services.
JOSE VALENCIA (Ecuador) said that outstanding work had been done by the Office of the High Commissioner for Human Rights. Ecuador also welcomed the report by Ms. Takla on the Technical Cooperation Fund. The work of the United Nations in this area, through the Office of the High Commissioner which was in close contact with various organizations, would ensure that fruitful work was undertaken. The delegation of Ecuador referred to the meeting that had taken place in Quito between 29 November and 1 December last year where the broad lines of the work to be done in the region had been discussed. Many members of the regional group had contributed with ideas, proposals and objectives, put together in a regional framework for action. This framework and the specific objectives would be pursued jointly in future months. It was the first time there had been such a single, joint endeavour in the region, based on consensus and aiming to enhance the various courses of action to be taken. The delegation of Ecuador thanked the High Commissioner for the support given in the implementation of a national human rights plan for Ecuador. Ecuador believed that the objectives reached and the implementation thereof had laid the firm foundation for the future of human rights in the country.
TOMAS GUARDIA (Panama), speaking on behalf of the Group of Central American States, said that during internal armed conflicts which characterized the situation of some of the States in the region, human rights were not effectively protected. However, positive developments in the promotion and protection of human rights were taking place in those countries in collaboration with the international community. It was necessary to maintain the international cooperation developed in that area. It was believed that the promotion and protection of human rights were also the result of the expression of political will by those countries along with the sustained support of the international community. Technical cooperation had also been of great importance in the promotion of human rights, particularly to those poor countries with limited resources. The Governments of the region and the Office of the High Commissioner had identified priorities in the field in the promotion of human rights.
MARIA TERESA DUTLI, of the International Committee of the Red Cross, said that today there were 156 State parties to Protocol I Additional to the 1949 Geneva Conventions applicable in international armed conflicts and 149 State parties to Protocol II applicable in non-international armed conflicts. The almost universal participation by States in these treaties demonstrated the importance attached to these instruments by the international community. The progress that had been made in the number of ratifications of international humanitarian law instruments was significant, not only for the fact that increased participation in these treaties would result in the universal application of humanitarian law, but also because the ratification entailed a responsibility of States to implement these instruments at the national level.
Many States had already adopted comprehensive implementing legislation in order to give effect to their obligations under international humanitarian law. The significant increase in the number of national commissions for the implementation of international humanitarian law was another important development.
IVANNA MARKINA (Ukraine) said the universal participation and full implementation of the legal instruments in the field of human rights remained a cornerstone for ensuring the effective protection and global promotion of human rights and freedoms. Strengthening national capacities was decisive for any progress in this field and the delegation of Ukraine supported the regional approach to help national efforts effectively developed by the Office of the High Commissioner for Human Rights (OHCHR), which created the opportunity to draw on the expertise and best practices of countries in comparable situations. These frameworks should include governmental agencies, parliaments, civil society, the United Nations system, international financial institutions and regional organizations.
The delegation of Ukraine found that assistance in the sphere of judicial administration was particularly important. Ukraine had recently ratified the optional protocol regarding the abolition of the death penalty. This step was meant to pave the way to full implementation of European standards in the field of human rights. It was hoped that the OHCHR and other relevant institutions could provide technical and advisory support in further reforms of the penitentiary system. It was also hoped that the programme of cooperation between the OHCHR and the Parliamentary Ombudsman of Ukraine would be finalized and implemented as soon as possible.
VICE SKRACIC (Croatia) said that technical assistance programmes offered by the Office of the High Commissioner for Human Rights were generally considered as one of the most appropriate and non-controversial forms of assistance to countries which for one reason or another were not in a position to establish or further develop indigenous human rights institutions or programmes. Technical assistance projects were often used as a transitional tool in countries where the human rights situation was deemed to have improved to a level where monitoring was no longer necessary. However, technical assistance could only be successfully completed in a selected country with the effective end of human rights monitoring. That was particularly true for those counties where political circumstances had allowed for a significant improvement in the protection and promotion of human rights.
Although Croatia had passed through that situation and was the recipient of technical assistance, it was being monitored under agenda item 9 relating to country situations. Croatia applied for technical assistance in 1994, and despite a delay was able to sign a project with the Office of the High Commission entitled "Consolidation, Protection and Promotion of Human Rights in the Republic of Croatia" in Zagreb on 10 May 1999.
ESHRAGH JAHROMI (the Islamic Republic of Iran) said that the countries of the Asia-Pacific region had properly born in mind the necessity of establishing regional arrangements in their region and had strongly followed this goal during the last decade through individual and collective endeavours. The Islamic Republic of Iran believed that since a conventional mechanism for the promotion and protection of human rights did not exist in the region, regional cooperation was an effective and unavoidable non-conventional arrangement for this purpose. The achievements of the Beijing Workshop constituted an important step forward.
The thematic workshops recommended in the Beijing Framework should be held in an objective and result-oriented manner with the exchange of information and experiences. Strengthening of national capacities for the promotion of human rights should be born in mind in the activities of the proposed Framework. The identification and specification of the sub-regions should be in accordance with the element of proximity of socio-cultural particularities. All the sub-regions of the Asia-Pacific region should be able to engage in the proposed activities.
URBAIN MOYOMBAYE, of the Earth-Justice Legal Defence Fund, said there were misgivings about the technical assistance programmes carries out in Chad. The oil in the south of Chad was being exploited by companies such as Esso, Chevron and Petronas which restricted and threatened the rights of the local population which was poor and vulnerable. The land could no longer be cultivated and the capacity to feed the population had been seriously reduced. The amounts paid to the peasants were far lower than those specified in the compensation plans. Far from combatting poverty, this programme was feeding corruption and highlighting the already existing problems.
The local population had not been sufficiently informed and had only been briefed in the presence of the military which meant that they could not express their opinions. The Commission should see to it that the assistance programme ensured that the Government guaranteed the fundamental rights of the local population, and that the local population was allowed to take part in the decision-making programmes which affected their livelihoods directly. The World Bank was called upon to suspend agreement on this project until an investigation had been undertaken on the impact on the fundamental rights of the local population.
JUAN VEGA BAEZ, of Service, Justice and Peace in Latin America, said the advisory and technical cooperation services offered by the Office of the High Commissioner for Human Rights had been of great importance for many States in difficult times. It should be aimed at the solution of the core problems that fuelled the endurance of human rights violations. However, those mechanisms should not be used to address problems that were mainly due to the lack of political will by governments. A technical problem should be faced with technical mechanisms, while a problem of lack of political will should be addressed through democratic and institutional reforms that fostered a commitment with the full respect of human rights. Those programmes should attend the multiple recommendations and observations made by the different treaty bodies, and by the Special Rapporteurs, which constituted an independent and trustworthy evaluation of the situation.
DEBORAH STOTHARD, of Aliran Kesedaran Negara: National Consciousness Movement, said that it had been disturbed to hear statements blithely delivered by certain Government delegates which seemed to be bereft of a basic grasp of human rights concepts. Therefore, when such delegations hotly
insisted that their Governments acted consistently with human rights principles, they opened themselves to derision and contempt. Such assertions made it difficult for some diplomats and NGO representatives to keep a straight face during proceedings. They also demeaned the deliverer.
Another key concern was the fact that some Governments while proclaiming in this room to be the defenders of human rights, actually failed to implement these commitments while at home. The irony was that there were many NGOs present at the Commission who would gladly work with their Governments to implement and operationalize human rights principles instead of travelling all the way to Geneva every year to report on yet more human rights violations at home. Many Governments tended to suffer from a Jekyll and Hyde syndrome. While within the halls of the UN buildings, Governments seemed to adopt a persona of benevolence, commitment to human rights and open-mindedness to dialogue. However, at home they turned into the main violators of human rights.
GUY OWONA, of the International Young Catholic Students, said the situation in Haiti was even more alarming than in the past. The Haitian authorises had led all to believe they would do their utmost to promote human rights. Unfortunately nothing had been done. The authorities explained the non-action as being caused by the lack of funds and the confiscation of the United States of various documents. The executive in Haiti wanted to hoard their power by all means. Several members of the opposition had been assassinated by masked militias because of their courage to criticize the poor management of the country by the Government. The country needed the rule of law and the support of the international community in monitoring the human rights violations. The Commission should highlight its functions as an advisor and should monitor all countries with regard to human rights.
CORRIGENDUM
In the press release HR/CN/00/46 of 14 April 2000, the statement by the International Organization of Indigenous Resource Development on page 6 should read as follows:
WILTON LITTLECHILD, of the International Organization of Indigenous Resource Development, was concerned about the lack of substantial progress by the Inter-sessional Working Group and its inability to pass articles of the UN draft declaration on the rights of indigenous peoples by consensus. Another matter of concern was the lack of consideration of the very lengthy and long awaited UN Treaty study by a Special Rapporteur which was approved last year. The organization was at a loss as to why this was not on the agenda and would question its status now since there was no reference to it in any of the documentation. It was disappointing that the mandate of the Permanent Forum for Indigenous Peoples had been greatly reduced. The Permanent Forum was an important initiative, however it was important not to restrict it or to limit it at the outset, thus preventing it from being an effective body. Nevertheless, the organization would support the initial proposal in the draft resolution by Denmark. It was encouraging that the mandate of the Permanent Forum would include treaty rights. Of particular importance was the inclusion of treaties, lands and resources in the mandate.
In the same press release, the statement by the International Human Rights Association of American Minorities on page 7 should read as follows:
RONALD BARNES, of the International Human Rights Association of American Minorities, said there were many areas of the world where indigenous peoples continued to suffer unequal treatment in their social, cultural, economic, educational and political advancement. There were Governments which unilaterally created measures to deprive indigenous peoples of their land and territories and their important relationship to it. The right of indigenous peoples to self-determination should therefore include all levels of development to suit the desire and need of indigenous peoples. It seemed the reservations made by some Governments on the Draft Declaration only served to reduce its scope and application in order to justify the unequal treatment of indigenous peoples in their countries. The need to provide a Special Rapporteur for indigenous peoples was highlighted, as was the need to create a permanent forum for indigenous peoples. The Special Rapporteur would create greater depth and understanding between indigenous peoples and governments and the permanent forum would enhance the ability of indigenous peoples to eradicate the continuing discrimination against them. The full right to self-determination was reserved for the Indigenous Peoples of Alaska.
In the same press release, the statement by the International Organization of Indigenous Resource Development on page 10 should read as follows:
WILTON LITTLECHILD, of the International Organization of Indigenous Resource Development, said the Working Group on indigenous populations must continue with its specific mandate. The Working Group should not be a trade-off with either the UN Permanent Forum for Indigenous Peoples nor a Special Rapporteur on Indigenous Peoples’ issues. The Permanent Forum was essential to deal with a broad range of urgent matters that implied life or death situations for indigenous peoples. Indigenous peoples should also reserve the right to continue seeking improvement on the proposed UN Permanent Forum for Indigenous Peoples.
With regard to the Working Group, it was said that five days of meetings was simply no longer sufficient to address the various concerns of indigenous peoples. Three minute interventions were simply too short given the distance that indigenous people had to travel in the hopes of getting their concerns addressed. An eight to ten-day annual meeting was called for. Concern was also expressed about discussions of a rule to enforce consensus at the UN Permanent Forum since such procedure would simply grant power of veto to any of its members. Further, the Permanent Forum must take into account not only equal representation but a basis of membership that respected the cultural and geographical diversity of indigenous peoples.
56th session
19 April 2000
Morning
Hears Reports on Human Rights Situations in Somalia, Haiti and Cambodia,
Expresses Deep Concern at Human Rights Deterioration in Colombia
The Commission on Human Rights this morning expressed deep concern at the deterioration of the human rights and humanitarian situation in Colombia.
In a Chairman’s statement, the Commission stated that it remained deeply concerned about the lack of a permanent cease-fire in Colombia and about the grave and persistent abuses of international humanitarian law despite the ongoing peace process. The statement called on all parties to reach as a priority a comprehensive human rights and humanitarian agreement and to initiate discussions on an agreement on the question of how victims of the conflict may be recognized and may obtain reparation.
The Commission also expressed its deep concern at the deterioration of the human rights and humanitarian situation in Colombia during 1999 which was characterized by a decline in reported human rights violations, offset by an increase notably in abuses and killings by the military. The Commission strongly condemned all acts of terrorism and violations of international humanitarian law committed by guerrilla groups, including the systematic kidnapping of children.
During its morning meeting, the Commission also heard introductions to reports on the human rights situations in Somalia, Haiti and Cambodia which expressed concern at the human rights situations in those countries.
Mona Rishmawi, Independent Expert on the situation of human rights in Somalia, said that with the growing decline of the powers of the warlords, much of the violence in the country now was criminal rather than political. A new power had emerged in various parts of central and southern Somalia, particularly in the coastal areas, with the institution of Sharia courts that were supported by their own militias. That system was finding financial support among the business community in order to clear the area of banditry.
Adamo Dieng, Independent Expert on the human rights situation in Haiti, said the sorry state of Haitian judiciary - characterized by a dysfunctional penal system, lack of independence of both judges and Government commissioners and limited access to justice - continued to frustrate not only the population but also to deter investors.
The human rights situation in Cambodia was also invoked by the Special Representative of the Secretary-General to Cambodia, Thomas Hammarberg, who noted that despite the decision of the Government to introduce judicial reform, the administration and functioning of the judiciary remained an issue of major concern. Mr. Hammarberg was not present and a colleague introduced his report.
Leila Takla, Chairperson of the Board of Trustees of the Voluntary Fund for Technical Cooperation in the Field of Human Rights, also told the Commission that technical cooperation implemented field projects to ensure the establishment and functioning of institutions and programmes needed for the respect of human rights.
The Commission also heard statements on the subject of advisory services and technical cooperation in the field of human rights from representatives of Governments and non-governmental organizations who underlined the significant role such services and cooperation played in the promotion and protection of human rights, particularly for countries in transition and without adequate resources.
Representatives of the following countries participated in the debate by contributing statements: Japan, Venezuela, the Russian Federation, Croatia, Haiti, Portugal, El Salvador, Madagascar, Zambia, India, Chile, Ecuador, Panama, Ukraine and Iran. A representative of the International Committee of the Red Cross also made a statement as did the representatives of Earth-Justice Legal Defence Fund, Service, Justice and Peace in Latin America, Aliran Kesedaran Negara: National Consciousness Movement and the International Young Catholic Students.
The Commission reconvenes at 3 p.m. to discuss its agenda item on the realization of the work of the Commission.
Chairman’s Statement on Colombia
SHAMBHU RAM SIMKHADA, Chairman of the Commission on Human Rights, said that the Commission remained deeply concerned about the lack of a permanent cease-fire and about the grave and persistent abuses of international humanitarian law despite the ongoing peace process in Colombia. It called on the parties to reach as a priority a comprehensive human rights and humanitarian agreement and to initiate discussions on an agreement on the question of how victims of the conflict may be recognized and may obtain reparation.
The Commission expressed its deep concern at the deterioration of the human rights and humanitarian situation in Colombia during 1999 which was characterized by a decline in reported human rights violations, offset by an increase notably in abuses and killings by the military. In this context, the Commission unequivocally condemned the persistent and grave violations and abuses perpetrated by the military groups and guerrillas and called on the Government to take urgent action to intensify political, administrative, judicial and other appropriate measures with respect to official bodies, members of the armed forces and individuals suspected of supporting paramilitary groups.
The Commission strongly condemned all acts of terrorism and violations of international humanitarian law committed by guerrilla groups, including the systematic kidnapping of children. It noted with concern the continued use of child soldiers and anti-personnel mines by the guerrillas. The Commission also condemned the continued mass abductions and destruction of power lines by the ELN, and the killing of foreigners and continuing kidnapping by the FARC.
The Commission remained deeply concerned about the increase in the number of internally displaced persons in Colombia and deplored the persistence of worrying levels of impunity in cases of serious crimes, particularly in the military jurisdiction. The Commission strongly condemned the continuing attacks on human rights defenders as well as on journalists and labour union members. The Commission noted with concern the effects of violence in Colombia, particularly those victimizing minority groups such as the indigenous and Afro-Colombian communities.
Statements
MONA RISHMAWI, Independent Expert on the situation of human rights in Somalia, predicted that tomorrow was a day of hope for Somalia; the Somalia National Peace Conference would be declared open in Djibouti by the country's President. A reconciliation process would follow over a long period of time, estimated to be three years. The process was based on the President's initiative that he had declared before the General Assembly on 22 September 1999. That significant initiative was supported not only by the international community, but more importantly, by Somalia’s civil society. All actors should make sustainable efforts to ensure its success. The President had identified various phases for his plan: the convening of a reconciliation conference; the disarming of the faction leaders, and the conversion of their factions into political parties that would compete in elections.
Ms. Rishmawi said she had visited the region from 14 to 24 November 1999. However, the poor security situation in the Somali capital Mogadishu did not allow her to visit it. She found that despite the serious human rights and humanitarian crisis most Somalis had to endure, on a daily basis, civilians, in particular women, children and the intellectuals, aspired to live in a peaceful and stable Somalia ruled on a basis of dignity and respect. During 1999, approximately half of the territory of Somalia had been peaceful, especially in the North, although the country had remained without a central government since 1991. The two northern territories, known as Somaliland and Puntland, had made remarkable progress in maintaining and strengthening the atmosphere of peace and security that they had already established in the areas under their control. That had not been without difficulties, however.
With the growing decline of the powers of the warlords, much of the violence in the country now was criminal rather than political. A new power had emerged in various parts of central and southern Somalia, particularly in the coastal areas, with the institution of Sharia courts that were supported by their own militia. That system was finding financial support among the business community in order to clear the area of banditry. There were no reports of corporal punishments having been handed down by those courts; instead, detention, rehabilitation and reeducation were employed. However, many acts that could be qualified as war crimes or crimes against humanity were still being committed now in Somalia.
LEILA TAKLA, Chairperson of the Board of Trustees of the Voluntary Fund for Technical Cooperation in the Field of Human Rights, said technical cooperation was indeed different from other activities, such as humanitarian assistance, human rights monitoring and investigation. It implemented field projects to ensure the establishment and functioning of institutions and programmes needed for the respect of human rights. Technical cooperation supported national efforts to strengthen court systems, the judiciary and the administration of justice in line with international standards, introducing human rights in school curricula and helping to establish offices of Ombudsmen or women's institutions.
The role and the scope of technical cooperation had expanded; in 1992 ad hoc activities, such as training courses and translation of international instruments were carried out in around 20 countries. Five years later, 53 country, regional and global projects were either in the process of formulation, implementation or evaluation under the Voluntary Fund. By 1999, about 100 projects had been implemented in 45 countries in most regions of the world. Technical cooperation was also significant in the process of treaty reporting as in Albania, and in the field of peace and reconciliation as seen in Sierra Leone.
Ms. Takla also highlighted the importance of cooperation with other United Nations agencies and programmes. The past year had witnessed an increase in the number of projects in cooperation with UNDP and other agencies toward the elimination of extreme poverty. She concluded by urging all Member States to provide increased support to the High Commissioner for Human Rights, both politically and financially, in order to strengthen national capacities for the promotion and protection of human rights.
ADAMA DIENG, Independent Expert on the situation of human rights in Haiti, said that the sorry state of Haitian judiciary - characterized by a dysfunctional penal system, lack of independence of both judges and Government commissioners and limited access to justice - continued to frustrate not only the population but also to deter investors. A matter of serious concern was the failure by Government commissioners to execute provisional release orders issued by judges, in particularly with respect to sensitive cases. Further, there were cases of illegal detention for debt and witchcraft; lack of respect for judicial procedures due to the ignorance or corruption of judges; and denial of fair trial. Under such circumstances, it was not surprising that only 15 per cent - 270 people - out of the 1,800 detainees held in the national penitentiary had been tried, while the remaining 85 per cent - 1,500 people - were under preventive detention. Further, most dossiers were marred by judicial irregularities.
The corruption of judges constituted a major obstacle to reconciling the population with the judiciary. Indeed, the state of decay of the judicial system contributed to increasing the climate of impunity which prevailed in the country. This phenomenon of corruption became even more evident because of drug trafficking, which was increasing in scale due to the involvement of several police officers. Drug trafficking represented a serious danger to the stability of Haiti and the international community was urged to help the country combat the plague. It was imperative to adopt a plan of action to reform the judicial system, in view of its vital role in protecting and promoting human rights. A serious obstacle to the implementation of such a plan however was the absence of an operational parliament. Other problems threatening the rule of law were poverty, lack of good governance and security.
The Independent Expert highlighted the important contribution made by the United Nations Mission in Haiti (UNMIH), whose mandate had not been renewed due to financial constraints. Today more than ever, the Office of the High Commissioner for Human Rights must fill the gap left by UNMIH and must systematically monitor the human rights situation in the country and assist the Government in the ratification process of core international human rights instruments.
GIANNI MAGAZZENI, reading out the introduction of the report by THOMAS HAMMARBERG, the Special Representative of the Secretary-General for human rights in Cambodia, said he had carried out 16 official missions to Cambodia. Despite the decision of the Government to introduce judicial reform, the administration and functioning of the judiciary remained an issue of major concern. The interference by the executive was said to continue and therefore the independence of the judiciary remained limited. Professional standards in the courts were low and corruption was flagrant. Individuals in custody of the police, gendarmerie or the armed forces were victims of torture and ill-treatment for extortion of confessions. Prisons were of concern and were overcrowded, resulting in poor health and nutrition for the detainees. Many arrests were un-constitutional and in violation of United Nations Transitory Provisions on Criminal Law and Procedure. On the positive side there had been a recent signing of the United Nations Inter-agency Memorandum of Understanding with the Ministry of Interior on Law Enforcement Against Sexual Exploitation of Children. A draft sub-decree for the establishment of a Cambodia National Women Council was underway and welcomed.
KOICHI HARAGUCHI (Japan) highlighted the progress made last year in the framework of regional cooperation for the promotion and protection of human rights in the Asia-Pacific region. Regional cooperation in the region had started the inter-sessional process with work on the four priority areas identified in the 1998 Tehran Workshop, namely national plans of action for the promotion and protection of human rights and strengthening of national capacities, human rights education, national institutions for the promotion and protection of human rights, and strategies for the realization of the rights to development and economic, social and cultural rights.
There were several observations from the inter-sessional workshop hosted by Japan. It was noted that there were only two States in the region which had adopted educational programmes for specific areas; human rights education had to include not only rights but also obligations; education included more than just the distribution of pamphlets; there was a need for human rights education for the law enforcement; human rights education had to be developed hand-in-hand with assistance, and the Office of the High Commissioner for Human Rights played an important role in assisting countries in the development of national plans of action.
RICARDO SALAS (Venezuela) said that his country’s policy of respect, defence and promotion of human rights at the national and international levels was based on principles enshrined in the national Constitution, which recognized the universality of individual and social rights and reaffirmed the commitment of Venezuela to ensuring freedom of all, protecting human dignity, maintaining legal and social equality without discrimination, promoting the well-being of inhabitants, ensuring the participation of all in the enjoyment of wealth, and supporting democracy as the only means of upholding human rights and the dignity of citizens.
Venezuela had fostered the establishment of national institutions to defend human rights such as the Office of the Ombudsman and Public Prosecutor which had the responsibility of promoting and defending human rights. A national Commission for Human Rights was charged with the task of coordinating activities for the promotion and protection of human rights. The national institutions were independent and enjoyed financial and administrative autonomy, which ensured the transparency of their actions. These institutions not only guaranteed respect for human rights but also sensitized citizens to the existence of these rights. Since the establishment of the national institutions, the police forces had received better training in human rights and there had been improvement in the process of dealing with complaints, among others.
GRIGORY LUKIYANTSEV (the Russian Federation) feared that the functioning of monitoring systems and international human rights treaties were no more than declarations. The importance of the enhancement of treaty bodies, the periodic reports and the compliance of States to human rights treaties was emphasized. In the current system there was no compliance and States submitted the reports very late. The restructuring of the current system was very urgent. One had to criticise States as well as the treaty bodies. One example was the Committee against Torture where a significant amount of time passed after a report was submitted so there were even changes within the presenting State and the report was no longer accurate. Committees should deal only with the issues under their mandate and their concluding observations should contain accurate and legally valid formulas. The multitude of issues imposed on the special procedures affected the quality of the work. The work often consisted of monologues by Special Rapporteurs and Working Groups, not giving enough time for States to respond. There had to be a dialogue between special procedures and the States concerned. Unfortunately some special procedures suffered the same shortcomings as human rights treaty bodies themselves, that is, the exceeding of the mandate given to them. This was damaging to the relationship between States and the special procedures.
VICE SKRACIC (Croatia) said his country was engaged in the establishment of a network of national human rights institutions as a response to various proposals contained in different international policy documents. Consequently, the Croatian Government had developed a systematic approach to the protection of human rights by establishing bodies which covered the specific needs of those parts of the population which required special attention.
The establishment of the Office of the Ombudsman was among the first, and was soon followed by the Government Commission on Gender Equality, the National Committee on Human Rights Education and the Council for Children. The institutional structure of human rights bodies was completed with the establishment of the Croatian Government Commission on Human Rights. One of the tasks common to all these national institutions was the development of a rights-based approach on issues within their sphere of responsibility. The institutions also engaged in raising public awareness on the existence of certain basic human rights, as well as punitive actions for violations. The National Committee had recently completed the national Programme for Human Rights Education, which was applied to all levels of education.
JOSEPH PHILIPPE ANTONIO (Haiti) said the political crisis being experienced by Haiti actually concerned the highest instance of the Government. Indeed, the institutional blockage resulted essentially in the repeated postponement of the date of legislative and local elections. Those successive postponements of the elections had been the consequence. The Provisional Electoral Council had been incapable of putting the electoral machinery under its control and there were technical difficulties in the registration of electors. In light of the organization of the elections, there had been a suspicion, which was alluded to by some quarters, of the existence of a strategy of manipulation to exclude from participation a certain group of the population.
Concerning the manipulation of the elections, the largest class of the population was targeted, particularly the most disadvantaged group in the society. A radio journalist had denounced last March the possibility of a coup d'etat; those who assassinated him on 3 April succeeded in silencing him. The delegation of Haiti paid homage for his courage. Today, new dates had been fixed for the elections by the Government and the Electoral Council for 21 May and 25 June 2000. Without the holding of free and fair elections it would be impossible for Haiti to ensure stable democratic institutions to react to the challenges faced by the population.
KOICHI HARAGUCHI (Japan) said that providing advisory services and technical cooperation upon consultation between the government concerned and the Office of the High Commissioner for Human Rights (OHCHR), and identifying the area where the assistance was most needed, was a very practical and effective approach. The efforts of the OHCHR to pursue a policy of greater collaboration with other UN actors to ensure efficient use of resources and to maximize the impact of the projects were welcomed, as was the annual appeal of the OHCHR and its focus on the technical cooperation activities and human rights support for peace-making, peacekeeping and peace building activities.
Japan provided technical assistance to developing countries to aid democratic development and promote human rights. Japan had been involved in bilateral cooperation through activities such as dispatching and receiving experts, sending qualified personnel for election monitoring, and training police officers, lawyers, judges, journalists, government officials, and others who were involved in the promotion and protection of human rights. Concerning Cambodia, the political will of the Government of Cambodia to promote and protect human rights, supported by the technical assistance of the Office of the High Commissioner, continued to foster progress in the human rights situation in that country. Japan observed however that there was still room for further improvement and called for the renewal of the mandate of the Office there.
JOSE PEREIRA GOMES (Portugal), speaking on behalf of the European Union and countries associated with it, said that it was the duty of States to promote and protect human rights and fundamental freedoms. Advisory services and technical cooperation in this process played a significant role. Without the commitment of the State the provision of advisory services and technical cooperation would not bear fruit. The aim of technical cooperation was to build sustainable national capacities to implement international human rights standards. In this context the role of the national human rights institutions should be consolidated and strengthened. Assistance should be given to the process of reforming national legislation with a view to ensure its consistency and conformity with international human rights norms and standards. The training of judges, lawyers, prosecutors and prison officials, as well as law enforcement, was of utmost importance.
It was essential to reach civil society as a main beneficiary of technical assistance programmes and to assure its full participation in the design and implementation of those programmes. The European Union stressed the need for increased cooperation and coordination between all the relevant actors within the United Nations system, both at the Headquarters and at the country level. This allowed for the maximizing of the impact of technical cooperation, the avoidance of duplication, and the minimizing of administrative costs. The European Union suggested that the mechanisms of the Commission on Human Rights explore the potential for advisory services in their observations and recommendations. Besides voluntary contributions, the European Union firmly believed that the Office's share in the United Nations regular budget should be increased to meet the growing demands on its work and to finance its wide range of activities.
MARIO CASTRO GRANDE (El Salvador) recalled that in 1997, his Government and the Office of the High Commissioner for Human Rights had signed an agreement to implement the recommendations of various specialized agencies, including those of the Human Rights Committee. The agreement had focused on technical assistance to foster human-rights institutions and to strengthen the democratic process. An effective protection and guarantees of the human rights and fundamental freedoms of the population were also being realized. International standards of human rights had been put in place through the enactment of domestic legislation and other instruments designed to promote and protect human rights. At present, the institutions put in place were capable of enhancing the protection of human rights and cooperating with international organizations working in that field.
MAXIME ZAFERA (Madagascar) said that its Constitution included provisions for the promotion and protection of human rights and provided for the creation of a national commission to this end. The commission was set up in 1996 and was divided into several sections, the main role of which was to consider individual complaints relating to human rights violations, mount a campaign for the ratification of international treaties, promote a culture of human rights, assist the Government in its reporting obligations under international treaties and follow-up on conventions adopted.
At the institutional level, the attention of the Commission was drawn, among others, to the ratification by Madagascar of numerous international human rights instruments; prohibition by law of discrimination; guarantees under the Constitution for freedom of expression, press, religion, association; the establishment of an office of a mediator, which constituted a final resort to citizens faced with abuse of power; the independence of the judiciary guaranteed under the Constitution; and the fight against child prostitution. With regard to technical assistance, Madagascar expressed its view that technical and consultative services constituted one of the most efficient means of helping countries wishing to strengthen efforts to promote and protect human rights.
PALAN MULONDA (Zambia) said the period of standard-setting in the field of human rights was over and what remained was the implementation of these standards. Standard-setting had evolved faster than institutional capacity in most jurisdictions which had embraced international human rights standards. There was a need for intervention in the form of advisory services and technical cooperation to balance the equation. The delegation of Zambia was disturbed at the lack of sufficient resources in the High Commissioner's Office for the strengthening of national capacities promoting human rights. Zambia was party to the main six United Nations instruments on human rights and was engaging in State reporting. This was an important step on the implementation path, affording the opportunity to acknowledge problems, review policies, legislation, judicial decisions and administrative practices. It also demonstrated to the people of Zambia the Government's political will to implement standards embraced at an international level.
The Zambian Government had found assistance and allies in the Swedish International Development Agency (SIDA), the Raoul Wallenberg Institute of Human Rights, and in the British DFID. In fact, Zambia was currently finalizing its initial report under the Convention Against Torture, an exercise made possible by the technical assistance from the Swedish Government. If the world was to avoid the atrocities which shocked consciences in the past century, it was time to become more proactive rather than reactive in the interventions from a technical cooperation perspective.
A. GORINATHAN (India) stressed that one of the principal purposes of the United Nations was to achieve international cooperation for promoting, protecting and encouraging respect for human rights. It had been India's consistent view that human rights were best promoted, protected and developed through a promotional approach -- an approach which involved dialogue, cooperation and consensus-building. In addition, the developing and strengthening of national capacities and institutions in the field of human rights was, indeed, a key area for international cooperation. In that context, it was also the view of India's delegation that advisory services and technical cooperation, provided at the request of Governments with a view to developing national capacities, constituted one of the most effective and efficient means of promoting all human rights, democracy and the rule of law.
The principal focus of the advisory services and technical cooperation programmes had to remain the building of national capacities. Indeed, that should also be the cornerstone of all human rights endeavours. The importance of utilizing national human rights expertise to ensure the sustainability of the endeavours and to address the specific requirements of States could hardly be over-emphasized. In the absence of such promotional activities, prevention and monitoring alone could not produce lasting results.
PEDRO OYARCE (Chile) said that there was a positive trend of countries calling for more technical assistance. Chile was prepared to cooperate with the Office of the High Commissioner for Human Rights in the field of technical assistance with a view to consolidating the rule of law and promoting a culture of respect for human rights. Chile was also interested in co-sponsoring a draft resolution on technical assistance services.
JOSE VALENCIA (Ecuador) said that outstanding work had been done by the Office of the High Commissioner for Human Rights. Ecuador also welcomed the report by Ms. Takla on the Technical Cooperation Fund. The work of the United Nations in this area, through the Office of the High Commissioner which was in close contact with various organizations, would ensure that fruitful work was undertaken. The delegation of Ecuador referred to the meeting that had taken place in Quito between 29 November and 1 December last year where the broad lines of the work to be done in the region had been discussed. Many members of the regional group had contributed with ideas, proposals and objectives, put together in a regional framework for action. This framework and the specific objectives would be pursued jointly in future months. It was the first time there had been such a single, joint endeavour in the region, based on consensus and aiming to enhance the various courses of action to be taken. The delegation of Ecuador thanked the High Commissioner for the support given in the implementation of a national human rights plan for Ecuador. Ecuador believed that the objectives reached and the implementation thereof had laid the firm foundation for the future of human rights in the country.
TOMAS GUARDIA (Panama), speaking on behalf of the Group of Central American States, said that during internal armed conflicts which characterized the situation of some of the States in the region, human rights were not effectively protected. However, positive developments in the promotion and protection of human rights were taking place in those countries in collaboration with the international community. It was necessary to maintain the international cooperation developed in that area. It was believed that the promotion and protection of human rights were also the result of the expression of political will by those countries along with the sustained support of the international community. Technical cooperation had also been of great importance in the promotion of human rights, particularly to those poor countries with limited resources. The Governments of the region and the Office of the High Commissioner had identified priorities in the field in the promotion of human rights.
MARIA TERESA DUTLI, of the International Committee of the Red Cross, said that today there were 156 State parties to Protocol I Additional to the 1949 Geneva Conventions applicable in international armed conflicts and 149 State parties to Protocol II applicable in non-international armed conflicts. The almost universal participation by States in these treaties demonstrated the importance attached to these instruments by the international community. The progress that had been made in the number of ratifications of international humanitarian law instruments was significant, not only for the fact that increased participation in these treaties would result in the universal application of humanitarian law, but also because the ratification entailed a responsibility of States to implement these instruments at the national level.
Many States had already adopted comprehensive implementing legislation in order to give effect to their obligations under international humanitarian law. The significant increase in the number of national commissions for the implementation of international humanitarian law was another important development.
IVANNA MARKINA (Ukraine) said the universal participation and full implementation of the legal instruments in the field of human rights remained a cornerstone for ensuring the effective protection and global promotion of human rights and freedoms. Strengthening national capacities was decisive for any progress in this field and the delegation of Ukraine supported the regional approach to help national efforts effectively developed by the Office of the High Commissioner for Human Rights (OHCHR), which created the opportunity to draw on the expertise and best practices of countries in comparable situations. These frameworks should include governmental agencies, parliaments, civil society, the United Nations system, international financial institutions and regional organizations.
The delegation of Ukraine found that assistance in the sphere of judicial administration was particularly important. Ukraine had recently ratified the optional protocol regarding the abolition of the death penalty. This step was meant to pave the way to full implementation of European standards in the field of human rights. It was hoped that the OHCHR and other relevant institutions could provide technical and advisory support in further reforms of the penitentiary system. It was also hoped that the programme of cooperation between the OHCHR and the Parliamentary Ombudsman of Ukraine would be finalized and implemented as soon as possible.
VICE SKRACIC (Croatia) said that technical assistance programmes offered by the Office of the High Commissioner for Human Rights were generally considered as one of the most appropriate and non-controversial forms of assistance to countries which for one reason or another were not in a position to establish or further develop indigenous human rights institutions or programmes. Technical assistance projects were often used as a transitional tool in countries where the human rights situation was deemed to have improved to a level where monitoring was no longer necessary. However, technical assistance could only be successfully completed in a selected country with the effective end of human rights monitoring. That was particularly true for those counties where political circumstances had allowed for a significant improvement in the protection and promotion of human rights.
Although Croatia had passed through that situation and was the recipient of technical assistance, it was being monitored under agenda item 9 relating to country situations. Croatia applied for technical assistance in 1994, and despite a delay was able to sign a project with the Office of the High Commission entitled "Consolidation, Protection and Promotion of Human Rights in the Republic of Croatia" in Zagreb on 10 May 1999.
ESHRAGH JAHROMI (the Islamic Republic of Iran) said that the countries of the Asia-Pacific region had properly born in mind the necessity of establishing regional arrangements in their region and had strongly followed this goal during the last decade through individual and collective endeavours. The Islamic Republic of Iran believed that since a conventional mechanism for the promotion and protection of human rights did not exist in the region, regional cooperation was an effective and unavoidable non-conventional arrangement for this purpose. The achievements of the Beijing Workshop constituted an important step forward.
The thematic workshops recommended in the Beijing Framework should be held in an objective and result-oriented manner with the exchange of information and experiences. Strengthening of national capacities for the promotion of human rights should be born in mind in the activities of the proposed Framework. The identification and specification of the sub-regions should be in accordance with the element of proximity of socio-cultural particularities. All the sub-regions of the Asia-Pacific region should be able to engage in the proposed activities.
URBAIN MOYOMBAYE, of the Earth-Justice Legal Defence Fund, said there were misgivings about the technical assistance programmes carries out in Chad. The oil in the south of Chad was being exploited by companies such as Esso, Chevron and Petronas which restricted and threatened the rights of the local population which was poor and vulnerable. The land could no longer be cultivated and the capacity to feed the population had been seriously reduced. The amounts paid to the peasants were far lower than those specified in the compensation plans. Far from combatting poverty, this programme was feeding corruption and highlighting the already existing problems.
The local population had not been sufficiently informed and had only been briefed in the presence of the military which meant that they could not express their opinions. The Commission should see to it that the assistance programme ensured that the Government guaranteed the fundamental rights of the local population, and that the local population was allowed to take part in the decision-making programmes which affected their livelihoods directly. The World Bank was called upon to suspend agreement on this project until an investigation had been undertaken on the impact on the fundamental rights of the local population.
JUAN VEGA BAEZ, of Service, Justice and Peace in Latin America, said the advisory and technical cooperation services offered by the Office of the High Commissioner for Human Rights had been of great importance for many States in difficult times. It should be aimed at the solution of the core problems that fuelled the endurance of human rights violations. However, those mechanisms should not be used to address problems that were mainly due to the lack of political will by governments. A technical problem should be faced with technical mechanisms, while a problem of lack of political will should be addressed through democratic and institutional reforms that fostered a commitment with the full respect of human rights. Those programmes should attend the multiple recommendations and observations made by the different treaty bodies, and by the Special Rapporteurs, which constituted an independent and trustworthy evaluation of the situation.
DEBORAH STOTHARD, of Aliran Kesedaran Negara: National Consciousness Movement, said that it had been disturbed to hear statements blithely delivered by certain Government delegates which seemed to be bereft of a basic grasp of human rights concepts. Therefore, when such delegations hotly
insisted that their Governments acted consistently with human rights principles, they opened themselves to derision and contempt. Such assertions made it difficult for some diplomats and NGO representatives to keep a straight face during proceedings. They also demeaned the deliverer.
Another key concern was the fact that some Governments while proclaiming in this room to be the defenders of human rights, actually failed to implement these commitments while at home. The irony was that there were many NGOs present at the Commission who would gladly work with their Governments to implement and operationalize human rights principles instead of travelling all the way to Geneva every year to report on yet more human rights violations at home. Many Governments tended to suffer from a Jekyll and Hyde syndrome. While within the halls of the UN buildings, Governments seemed to adopt a persona of benevolence, commitment to human rights and open-mindedness to dialogue. However, at home they turned into the main violators of human rights.
GUY OWONA, of the International Young Catholic Students, said the situation in Haiti was even more alarming than in the past. The Haitian authorises had led all to believe they would do their utmost to promote human rights. Unfortunately nothing had been done. The authorities explained the non-action as being caused by the lack of funds and the confiscation of the United States of various documents. The executive in Haiti wanted to hoard their power by all means. Several members of the opposition had been assassinated by masked militias because of their courage to criticize the poor management of the country by the Government. The country needed the rule of law and the support of the international community in monitoring the human rights violations. The Commission should highlight its functions as an advisor and should monitor all countries with regard to human rights.
CORRIGENDUM
In the press release HR/CN/00/46 of 14 April 2000, the statement by the International Organization of Indigenous Resource Development on page 6 should read as follows:
WILTON LITTLECHILD, of the International Organization of Indigenous Resource Development, was concerned about the lack of substantial progress by the Inter-sessional Working Group and its inability to pass articles of the UN draft declaration on the rights of indigenous peoples by consensus. Another matter of concern was the lack of consideration of the very lengthy and long awaited UN Treaty study by a Special Rapporteur which was approved last year. The organization was at a loss as to why this was not on the agenda and would question its status now since there was no reference to it in any of the documentation. It was disappointing that the mandate of the Permanent Forum for Indigenous Peoples had been greatly reduced. The Permanent Forum was an important initiative, however it was important not to restrict it or to limit it at the outset, thus preventing it from being an effective body. Nevertheless, the organization would support the initial proposal in the draft resolution by Denmark. It was encouraging that the mandate of the Permanent Forum would include treaty rights. Of particular importance was the inclusion of treaties, lands and resources in the mandate.
In the same press release, the statement by the International Human Rights Association of American Minorities on page 7 should read as follows:
RONALD BARNES, of the International Human Rights Association of American Minorities, said there were many areas of the world where indigenous peoples continued to suffer unequal treatment in their social, cultural, economic, educational and political advancement. There were Governments which unilaterally created measures to deprive indigenous peoples of their land and territories and their important relationship to it. The right of indigenous peoples to self-determination should therefore include all levels of development to suit the desire and need of indigenous peoples. It seemed the reservations made by some Governments on the Draft Declaration only served to reduce its scope and application in order to justify the unequal treatment of indigenous peoples in their countries. The need to provide a Special Rapporteur for indigenous peoples was highlighted, as was the need to create a permanent forum for indigenous peoples. The Special Rapporteur would create greater depth and understanding between indigenous peoples and governments and the permanent forum would enhance the ability of indigenous peoples to eradicate the continuing discrimination against them. The full right to self-determination was reserved for the Indigenous Peoples of Alaska.
In the same press release, the statement by the International Organization of Indigenous Resource Development on page 10 should read as follows:
WILTON LITTLECHILD, of the International Organization of Indigenous Resource Development, said the Working Group on indigenous populations must continue with its specific mandate. The Working Group should not be a trade-off with either the UN Permanent Forum for Indigenous Peoples nor a Special Rapporteur on Indigenous Peoples’ issues. The Permanent Forum was essential to deal with a broad range of urgent matters that implied life or death situations for indigenous peoples. Indigenous peoples should also reserve the right to continue seeking improvement on the proposed UN Permanent Forum for Indigenous Peoples.
With regard to the Working Group, it was said that five days of meetings was simply no longer sufficient to address the various concerns of indigenous peoples. Three minute interventions were simply too short given the distance that indigenous people had to travel in the hopes of getting their concerns addressed. An eight to ten-day annual meeting was called for. Concern was also expressed about discussions of a rule to enforce consensus at the UN Permanent Forum since such procedure would simply grant power of veto to any of its members. Further, the Permanent Forum must take into account not only equal representation but a basis of membership that respected the cultural and geographical diversity of indigenous peoples.