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03 August 2000
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Sub-Commission on the Promotion
and Protection of Human Rights
52nd session
3 August 2000
Morning
A series of national representatives this morning described difficulties encountered and progress made on human rights and defended their Governments' performances as the Subcommission on the Promotion and Protection of Human Rights continued its discussion on the question of violations of human rights in any country.
Speakers and Subcommission Experts used a rule under which States are not allowed to discuss human-rights situations in other countries or to make reference to other countries. The Chairperson intervened when a representative of Ethiopia attempted to speak on the situation of Ethiopian nationals in Eritrea, when a representative of Pakistan attempted to speak on the situation in Jammu and Kashmir, and when an Eritrean representative charged various violations related to invasion of Eritrean territory. In all three cases, references to those topics were not allowed.
Speaking at the morning meeting were representatives of the Republic of the Congo, Mexico, Turkey, Pakistan, Bhutan, China, Tunisia, the Democratic People's Republic of Korea, and Bahrain.
Subcommission Experts or Alternate Experts Yozo Yakota, Louis Joinet, Halima Embarek Warzazi, Vladimir Kartashkin, Manuel Rodriguez-Cuadros, Fan Guoxiang, Soo Gil Park, and Rajendra Kalidas Wimala Goonesekere also provided statements in substantive debate.
The Subcommission will reconvene in plenary at 10 a.m. on Friday, 4 August, to conclude its discussion on the question of human-rights violations anywhere in the world and to begin consideration of the elimination of racial discrimination.
Statements
MENGA ROGER JULIEN (the Republic of the Congo) said that the resolution on the human rights situation in the Republic of the Congo which was adopted last year by the Subcommission had based itself on allegations taking place during the previous regime. The human rights situation in the Republic of the Congo had been compromised by three civil wars during the previous regime. However, the situation in the Republic of the Congo had now improved as a result of the new regime. Human rights had been improved hand in hand with the improvement of living conditions. The State had embarked upon a socio-economic reconstruction of the country. The war in the Republic of the Congo had come to an end and peace could be found everywhere in the country. The Government was gathering weapons from the former warring factions, demilitarization was underway, and former young soldiers were being reintegrated into the socio-economic life of the country.
The Government would continue to implement structural reforms in the Ministry of Justice in cooperation with international human rights machinery and non-governmental organizations. The Republic of the Congo had adopted for the year 2002 an interim post-conflict programme to improve living conditions for all its people, particularly the poor. This programme would result in the creation of 112,000 jobs. Solidarity from the international community was required in this process.
MINELIK ALEMU (Ethiopia) said that on 18 June, his country and Eritrea had signed a cease-fire agreement in Algeria, two years after a conflict which started following Eritrean aggression against the sovereignty of Ethiopia. The agreement was signed in the context of an alarming deterioration in the situation of Ethiopian nationals in Eritrea. In May and June 2000, the Eritreans suffered defeats on the war front. This triggered massive reprisals against Ethiopian nationals there.
The speaker was interrupted by the Chairperson of the Subcommission.
ANTONIO DE ICASA (Mexico) said the country had undergone an exemplary election process recently; changes had resulted in electoral bodies that were utterly fair and impartial, and for the first time in 71 years, a candidate of an opposition political party had been elected President. Another result was plurality, as no particular party now had a majority in the legislature. Efforts also had been made to strengthen the rule of law and to deal with the challenge of development in a context of democracy. The country was increasing its collaboration with international human-rights bodies, and much had been done to enhance training, dissemination of information, and education on human rights.
There were now 11 State human rights commissions; laws had been amended to increase protections for women and children. Mexico had acceded to or ratified seven further international human-rights instruments, making a total of 58. During a visit by the High Commissioner for Human Rights, Mexico had signed with her a memorandum of understanding on technical cooperation. The Special Rapporteur on the independence of judges and lawyers had been invited to visit the country next December, and the Special Rapporteur on violence against women had been invited to visit as well, and it was hoped that dates would soon be set.
BULENT MERIC (Turkey) said that the improvement of human rights was an irreversible process in Turkey as the Minister in charge of human rights had showed when he spoke to the Commission on Human Rights. The improvements in human rights were taken in due respect of the Constitution. Turkey was a democratic country where all citizens had the same rights and obligations. Breaking the law on the basis of ethnic struggles was not tolerated. The Turkish Government and national institutions were sensitive to allegations of human rights violations. Reports of torture and alleged human rights violations were prosecuted. A law on the prosecution of civil servants had entered into action in 1999 to avoid impunity of civil servants and establish accountability within institutions. The allegations concerning internally displaced people in Turkey were exaggerated. There had indeed been displacement during the period when terrorism was at its peak as was the struggle against it. Th number of displaced people had never reached 3 million as alleged. In order to fight separatist terrorism, back-to-villages projects which would prevent terrorism from flourishing were under way. In line with this project, 89 villages had already been rehabilitated.
IMTIAZ HUSSAIN (Pakistan) said the political change in Pakistan that had taken place on 12 October 1999 had been validated by the Supreme Court and the new Government was focusing on reviving the economy, rehabilitating and strengthening national institutions, improving law and order, eliminating corruption, and devolving power to grassroots democratic institutions. More power would be given to local Governments beginning in December; the courts operated freely; a national convention on human rights had been held in April; the year 2000 had been designated the Year of Human Rights and Human Dignity; a Commission on the Status of Women had been established; and a juvenile-justice ordinance promulgated.
Vestiges of bonded labour were being eradicated and a national rehabilitation fund had been set up for victims; a Social Action Projects Programme was aimed at improving education, health, water supply, sanitation, and population welfare. Special protection was offered to human-rights defenders who were faced with risks posed by the foreign sponsored anti-human-rights elements in Pakistan.
The Chairperson of the Subcommission interrupted the speaker.
YOZO YOKOTA, Subcommission Expert, referred to the murder of a Korean human rights activist, found murdered in Japan, and mentioned yesterday in the statement of Mr. Weissbrodt. It was true that suspicion had been raised in Japan. Mr. Yokota had recently learned that a suspect had been arrested and wanted to confirm the situation in Japan. The suspect was a women who had shared a room with the victim for a few years. The full and timely investigation of his death was being carried out by the Japanese authorities. It would be wise to avoid speculation until the case had been brought to court. He expressed appreciation for Mr. Weissbrodt's interest in the situation. It was also true that there had been a number of forcible disappearance in Japan and there had been some reason to suspect a link to the Democratic People's Republic of Korea.
AMARE TEKLE (Eritrea) said that since parts of his country had been occupied in May 2000, the violations of human rights and the atrocities committed by the military Ethiopian forces had reached an incredible level of violence. The behaviour of the Ethiopian authorities was simply barbaric. War crimes and crimes against humanity had been carried out by Ethiopia against Eritrea's civilian population.
The Chairperson of the Subcommission interrupted the speaker.
BAP KESANG (Bhutan) said the Subcommission had adopted a Chairman's statement last year calling for Bhutan and Nepal to take effective and urgent action to resolve the problem of refugee camps in Eastern Nepal. The problem was complex, and involved the population explosion in the region, environmental degradation, and extreme poverty; Bhutan continued to face the problem of illegal economic migrants which posed a grave challenge to its peace, security and sovereignty; lawful actions being taken by the Government to control the unending flow of illegal immigrants had been deliberately misrepresented and politicized. The camps in Nepal had attracted all manners of people posing as refugees from Bhutan. Bhutan remained conscious of the humanitarian nature of the situation and was concerned about their desperate plight.
The two Governments had met on several occasions since last August and were now at an advanced stage of negotiations. In April, the High Commissioner for Refugees had visited Bhutan. The best means of finding a lasting solution was through bilateral dialogue; it was possible to resolve almost all differences relating to joint verification of people in the camps, with the exception of one issue. Bhutan was hopeful that the remaining issue would be resolved soon and that verification could begin at an early date.
LOUIS JOINET, Subcommission Expert, spoke on human rights violations on which no action had so far been taken; follow-up suggestions; and the issue of impunity. Violations which had not come before the Subcommission were the situations in Kyrgyzstan, Tunisia and Zimbabwe. In Kyrgyzstan, preventive steps should be taken, focusing on the fate of human rights defenders and political parties. In Tunisia, there had been positive developments such as the release of a human rights defender; however, the situation was more than worrying, notably concerning the persecution of people making peaceful use of their right to freedom of opinion and expression. In Zimbabwe, historical factors affected the situation. However the current situation could not be boiled down to a confrontation between the previously colonized and the previous colonizers. Many agricultural workers opposed the current situation and had been forced to flee. The war veterans had rights, but also duties, such as fighting hatred and not disseminating it.
Mr. Joinet expressed concern about the situations in Austria and Spain, and associated himself with comments made on Turkey, the Democratic Republic of the Congo, the United States, Belarus, the Democratic People's Republic of Korea, Indonesia, Mexico and Togo. The world was awaiting a key decision in the case of General Pinochet. What ever happened in the end, this case was important as a precedent. It was better if the solution involved domestic courts as opposed to foreign courts. This situation was a sign of the considerable progress in the Chilean legal process. Experts of the Subcommission should establish a closer link between themselves and the Special Rapporteur on impunity, in order to improve and widen the work on issues of impunity.
HALIMA EMBAREK WARZAZI, Subcommission Expert, said she was surprised to hear Mr. Joinet refer to the elections in Austria, and she wished to ask him, were these elections fair, and did they reflect the democratic will of Austrians? If so, and if the fair exercise of democracy in other countries led to outcomes that raised concerns about human rights, what was to be done? She thought the Subcommission might discuss this matter further.
VLADIMIR KARTASHKIN, Alternate Subcommission Expert, said no one had discussed so far the effects on human rights of so-called humanitarian interventions. Of course, there were humanitarian aims behind such interventions, but they also involved taking decisions at the international level on the level of force to be used. It was necessary to follow the principles of the UN Charter. Sometimes, there were efforts to mislead or unfairly dramatize situations by unreliable or at least unnamed sources or witnesses. When talking about the situation in specific countries, there must be a careful and balanced approach.
Mr. Kartashkin said he had visited Chechnya several times. His information did not depend on the mass media or "sources", but he saw it with his own eyes. His first impressions before the visits, based on the media and various "sources", did not match up with what he saw. First and foremost, Chechens told him that after the arrival of the rebel forces, schools had been closed, electricity and water supplies had been cut, and the rebels had robbed Chechens. Chechens said that the situation changed afterwards. Order returned to the region and life improved with schools reopening and water and electricity services being restored. There had been a substantial change in the situation in Chechnya recently, although media sources said the situation had not changed.
The conflict had begun when armed bandits came into Chechnya from outside. How would other countries react if this occurred, and if these bandits then tried to expand the territory under their control? No country would accept this. Each State had the right to reestablish its territorial integrity and national unity. At the same time, the State had to respect the rights of the civilian population -- but in any conflict, losses among the civilian population were inevitable. The situation should be discussed fairly, accurately, and impartially.
MANUEL RODRIGUEZ CUADROS, Subcommission Expert, elaborated on the criteria that would guide his participation in the discussion on human rights violations in any part of the world. The protecting and promoting of human rights entailed certain rules, a praxis of guardianship. International human rights law primarily had the objective to protect the victims of human rights violations. This guardianship implied the necessity to prioritize victims and prevent violations. In order to achieve these goals more focus was needed on the rational of human rights. The Subcommission, being of an independent nature, prohibited the politicization of human rights criteria. The criteria of conscience and awareness, evidence, human rights standards and their application could not be open to political negotiations in a body like the Subcommission. Broad-ranging transparent dialogue was required in a spirit of cooperation between Governments and between Governments and non- governmental organizations.
The Expert said that to judge a situation or a violation of human rights without the rationale of the human rights law would imply an introduction of alien criteria to the guardianship of victims of human rights violations. This was particularly important regrading issues of impunity such as arbitrary detention, summary executions, torture, restriction of freedom of expression and the independence of the judiciary. Within the legal and political context of the enjoyment of human rights, the link between enjoyment of human rights and the rule of law had to be emphasized. This was the best system for preventing human rights violations. The emphasis of the link between the structural problems of impunity and the role of law and democracy was encouraged.
QIAO ZONGHUAI (China) said that the Chinese Government maintained that the universality of human rights should be integrated with the specific national situations and practices of countries. The Chinese Government had found a development path suitable to the Chinese national situation. Two decades after the reform and opening-up, the problem of subsistence and development had practically been resolved. Poverty of the overall population had been reduced from 250 million two decades ago to a current 34 million. While improving the enjoyment of economic, social and cultural rights by the Chinese people, the Government was committed to the build-up of democracy and legal systems protecting people's civil and political rights in line with the law.
Legal reforms had provided a legal basis for the consolidation and expansion of democratic participation by the people and improved democracy at the grassroots level. Steps were also taken to protect the rights of the people by ensuring impartial administration of justice and enhancing the public awareness of law and legal rights. The Chinese Government had won wide support from the people in the ban of a cult organization seriously endangering the society and people's right to life, subsistence and health. The reforms of the Subcommission were welcomed by the Chinese Government, which hoped that this would enable the Subcommission to improve efficiency and the study of issues of concern to the developing countries.
RAOUF CHATTY (Tunisia) said the country had a long-standing interest in cooperating with UN human-rights mechanisms. Since last year, it had worked hard to ensure that democratic development went hand in hand with economic and social development -- a functional, holistic approach placing human dignity at the centre. Tunisia had organized the first pluralistic elections in its history; it had adopted a series of measures to improve administration of justice; Parliament had reviewed certain criminal provisions, putting an end to obligatory work in prisons and allowing for alternative sentencing; legal guarantees for defendants on trial had been enhanced; and freedom of expression had been bolstered through establishment of a committee of media representatives to make recommendations to the President.
Tunisia was moving forward towards a better future; hence it was futile to pay attention to unfounded allegations against the country from those who sought to make human rights a business for furthering their own ends. Tunisia had never claimed to be perfect, but it was fully committed to improving human rights and had done much to reach that goal.
HAN SUNG IL (the Democratic People's Republic of Korea) said that the Government of the Democratic People's Republic of Korean took a particular interest in this year's session of the Subcommission due to its new mandate. The new mandate would avoid duplication and politicization and enable the time to be spent on more analysis of the issues of concern. It was worrying that such little focus was spent on the right to life within the promotion of human rights. The loss of life because of all sorts of social evils, such as extreme poverty, had for too long been separated from the deprivation of life because of the death penalty. The execution of 3,000 criminals around the world each year was an issue of concern, however the death of 10 million innocent people every year by extreme poverty had almost been ignored.
It was out of the question to discuss human rights without addressing the right to life. Priority should be given to this issue. Concern was expressed as to the mistreatment of children. This was no longer limited to developing countries but was also rampant in developed countries in the form of the sale of children and child prostitution. Dialogue and cooperation were powerful engines for the promotion and protection of human rights. To this end, sovereignty of other States had to be respected and impartiality, objectivity and non-selectivity had to be observed.
AL-HADDAD AHMED (Bahrain) said all sections of the community in Bahrain were working together to build a secure and prosperous future. The Government was pursuing coordinated policies in job-creation, employment, education, training, and provision of social and economic infrastructure. Social and welfare services were being upgraded, and over 200 non-governmental organizations represented civil society. Elections had been announced for municipal councils and the Shura (consultative) Council; the Shura would have women among its members; a National Human Rights Institution had been established, and a Supreme Council for the Judiciary had been set up to supervise all aspects of the judicial system.
Internationally, the Government continued discussions on technical cooperation with the Office of the High Commissioner for Human Rights; it looked forward to a visit by the Working Group on Arbitrary Detention early next year; it continued a dialogue with Amnesty International; and the International Committee of the Red Cross had continued its programme of visits in accordance with a 1996 memorandum of understanding. The Government continued to study further measures to enhance respect for human rights.
FAN GUOXIANG, Subcommission Expert, said that that the root causes of human rights violations needed more focus. The root causes were two-fold, originating both from within and among nations. Undermining and threatening international peace and security had always initiated, and continued to generate, massive violations of human rights. The Second World War came to an end some five decades ago, and more than ten years had elapsed since the end of the Cold War. Why was it that there were still miliary alliances, military pacts and military bases installed in the territory of foreign countries? Undisciplined behaviour of soldiers, unscrupulous release of polluted material, and accidents of training planes were wounding both the national and personal dignity of foreign countries.
In the name of human rights, the wrong-doers had gone as far as pretending to undertake an alleged duty and to carry out a Ahumanitarian military intervention@, even without prior notice given to the UN Security Council. The recent NATO military intervention in Kosovo had not been humane for Albanians or Serbs. Just as there were humanitarian workers risking their lives to help others, some made use of 'humanitarian interventions' for politically motivated purposes. The Expert said he disagreed with any follow-up concerning country-specific resolutions of the fifty-first session of the Subcommission and any follow-up concerning thematic resolutions in which country names were mentioned. He had serious reservations regarding the Chairperson's statements on human rights situation in Togo, Belarus, Indonesia and Mexico as well as on persons in Nepal claiming to be refugees from Bhutan.
SOO GIL PARK, Subcommission Expert, said situations around the world varied -- the territory of the former Yugoslavia was still recovering from a decade-old war; East Timor was building democracy; the Kashmir problem was long-running and had no end in sight. In Africa there were several areas of concern -- brutal conflicts where women and children suffered and peace and stability were threatened. In all regions of the world, violence threatened to be contagious. Against that, the international community had its human-rights instruments and bodies and the constantly enlarging concept of human rights.
During the past few decades, the notion of human rights had been expanded to include a whole new range of issues -- a healthy environment, freedom from want, issues related to women and children -- and new instruments and conventions. There were more institutions involved, and NGOs were increasingly important and influential.
A major challenge was the persisting difference between the developed and developing worlds and different perceptions of human rights from culture to culture and under different Governments. Human rights were critical to every country's economy, however, and were not rewards that should follow economic progress. A second challenge had to do with peace and security. Human rights were sometimes limited or violated in the name of national security, but history had shown that special circumstances did not justify restrictions on human rights.
The recent summit between the leaders of the two Koreas promised to have major consequences based on dialogue and cooperation; it was to be hoped that the new atmosphere would allow human rights in the region to be enhanced.
RAJENDRA KALIDAS WIMALA GOONESEKERE, Subcommission Expert, recalled the sadness with which the fifty-first session of the Subcommission had opened due to the murder of a prominent human rights defender from Sri Lanka. Concern was still required as the increase of violence and terrorism was alarming. Had the world arrived at the stage where bodyguards were required at all times of the day? These incidents did not happen every day, however, they happened often enough to be alarming. State terrorism had not disappeared, on the contrary, it was ripe. The rights and fundamental freedoms had been guaranteed to all by the United Nations.
Today's tendencies were shattering the lives of innocent civilians. The State had a duty to maintain law and order, with the help of the international community. Terrorism was a matter of great concern, as it could lead to disproportionate reactions to the issues at stake. It was time to extend the scrutiny to non-State actors. No group of people could engage in terrorist activities, rules had to apply to them, just as they did for multi-national companies. Millions of innocent women, men and children were also made to suffer from the actions of their Governments. Embargoes were not the appropriate response to Government actions. Embargoes were reminiscent of colonial policies of the past. It was clear that world order was paramount, but adjustments had to be made when serious violations of human rights became manifest. There should always be room for compassion for all citizens of the world.
CORRIGENDUM
In press release HR/SC/00/5 of 2 August, the statement of Subcommission Expert David Weissbrodt on page 4 should read as follows:
DAVID WEISSBRODT, Subcommission Expert, said Belarus had established a mixed record since a consensus Chairman's statement was adopted by the Subcommission last year; the Government had made progress to meet the terms of the statement and had invited the Special Rapporteur on the independence of judges and lawyers to visit in June; many of the concerns cited by him had a common foundation -- that disproportionate power was held by the executive branch of the Government and compromised the integrity of the judiciary and legislature. Yet other measures mentioned in the Chairman's statement had not materialized. The progress report which the Government had agreed to submit to the Subcommission had been submitted but had not yet been issued. He encouraged the Government of Belarus to comply fully with the remainder of its agreement.
While Bhutan and Nepal had met to discuss the problem of 80,000 to 100,000 refugees from Bhutan living in refugee camps in Nepal, a constructive agreement had not been achieved and no real progress had been made with regard to their return. There had been dramatic improvements in relations between the two Koreas recently, but there was no indication of any significant improvement in the human rights situation within the Democratic People's Republic of Korea. Famine had caused thousands to flee the country, and forcible repatriation of some from China was a cause of concern; as was the stabbing death of a Korean human-rights activist in Japan. The human-rights situation in Indonesia remained fragile and perpetrators of violations continued to go unpunished. Peru continued to maintain that it had withdrawn from the jurisdiction of the Inter-American Court of Human Rights. And although there had been some Governmental efforts to curb endemic torture in Turkey, torture persisted there, along with reports of deaths in custody and "disappearances".
* *** *
and Protection of Human Rights
52nd session
3 August 2000
Morning
A series of national representatives this morning described difficulties encountered and progress made on human rights and defended their Governments' performances as the Subcommission on the Promotion and Protection of Human Rights continued its discussion on the question of violations of human rights in any country.
Speakers and Subcommission Experts used a rule under which States are not allowed to discuss human-rights situations in other countries or to make reference to other countries. The Chairperson intervened when a representative of Ethiopia attempted to speak on the situation of Ethiopian nationals in Eritrea, when a representative of Pakistan attempted to speak on the situation in Jammu and Kashmir, and when an Eritrean representative charged various violations related to invasion of Eritrean territory. In all three cases, references to those topics were not allowed.
Speaking at the morning meeting were representatives of the Republic of the Congo, Mexico, Turkey, Pakistan, Bhutan, China, Tunisia, the Democratic People's Republic of Korea, and Bahrain.
Subcommission Experts or Alternate Experts Yozo Yakota, Louis Joinet, Halima Embarek Warzazi, Vladimir Kartashkin, Manuel Rodriguez-Cuadros, Fan Guoxiang, Soo Gil Park, and Rajendra Kalidas Wimala Goonesekere also provided statements in substantive debate.
The Subcommission will reconvene in plenary at 10 a.m. on Friday, 4 August, to conclude its discussion on the question of human-rights violations anywhere in the world and to begin consideration of the elimination of racial discrimination.
Statements
MENGA ROGER JULIEN (the Republic of the Congo) said that the resolution on the human rights situation in the Republic of the Congo which was adopted last year by the Subcommission had based itself on allegations taking place during the previous regime. The human rights situation in the Republic of the Congo had been compromised by three civil wars during the previous regime. However, the situation in the Republic of the Congo had now improved as a result of the new regime. Human rights had been improved hand in hand with the improvement of living conditions. The State had embarked upon a socio-economic reconstruction of the country. The war in the Republic of the Congo had come to an end and peace could be found everywhere in the country. The Government was gathering weapons from the former warring factions, demilitarization was underway, and former young soldiers were being reintegrated into the socio-economic life of the country.
The Government would continue to implement structural reforms in the Ministry of Justice in cooperation with international human rights machinery and non-governmental organizations. The Republic of the Congo had adopted for the year 2002 an interim post-conflict programme to improve living conditions for all its people, particularly the poor. This programme would result in the creation of 112,000 jobs. Solidarity from the international community was required in this process.
MINELIK ALEMU (Ethiopia) said that on 18 June, his country and Eritrea had signed a cease-fire agreement in Algeria, two years after a conflict which started following Eritrean aggression against the sovereignty of Ethiopia. The agreement was signed in the context of an alarming deterioration in the situation of Ethiopian nationals in Eritrea. In May and June 2000, the Eritreans suffered defeats on the war front. This triggered massive reprisals against Ethiopian nationals there.
The speaker was interrupted by the Chairperson of the Subcommission.
ANTONIO DE ICASA (Mexico) said the country had undergone an exemplary election process recently; changes had resulted in electoral bodies that were utterly fair and impartial, and for the first time in 71 years, a candidate of an opposition political party had been elected President. Another result was plurality, as no particular party now had a majority in the legislature. Efforts also had been made to strengthen the rule of law and to deal with the challenge of development in a context of democracy. The country was increasing its collaboration with international human-rights bodies, and much had been done to enhance training, dissemination of information, and education on human rights.
There were now 11 State human rights commissions; laws had been amended to increase protections for women and children. Mexico had acceded to or ratified seven further international human-rights instruments, making a total of 58. During a visit by the High Commissioner for Human Rights, Mexico had signed with her a memorandum of understanding on technical cooperation. The Special Rapporteur on the independence of judges and lawyers had been invited to visit the country next December, and the Special Rapporteur on violence against women had been invited to visit as well, and it was hoped that dates would soon be set.
BULENT MERIC (Turkey) said that the improvement of human rights was an irreversible process in Turkey as the Minister in charge of human rights had showed when he spoke to the Commission on Human Rights. The improvements in human rights were taken in due respect of the Constitution. Turkey was a democratic country where all citizens had the same rights and obligations. Breaking the law on the basis of ethnic struggles was not tolerated. The Turkish Government and national institutions were sensitive to allegations of human rights violations. Reports of torture and alleged human rights violations were prosecuted. A law on the prosecution of civil servants had entered into action in 1999 to avoid impunity of civil servants and establish accountability within institutions. The allegations concerning internally displaced people in Turkey were exaggerated. There had indeed been displacement during the period when terrorism was at its peak as was the struggle against it. Th number of displaced people had never reached 3 million as alleged. In order to fight separatist terrorism, back-to-villages projects which would prevent terrorism from flourishing were under way. In line with this project, 89 villages had already been rehabilitated.
IMTIAZ HUSSAIN (Pakistan) said the political change in Pakistan that had taken place on 12 October 1999 had been validated by the Supreme Court and the new Government was focusing on reviving the economy, rehabilitating and strengthening national institutions, improving law and order, eliminating corruption, and devolving power to grassroots democratic institutions. More power would be given to local Governments beginning in December; the courts operated freely; a national convention on human rights had been held in April; the year 2000 had been designated the Year of Human Rights and Human Dignity; a Commission on the Status of Women had been established; and a juvenile-justice ordinance promulgated.
Vestiges of bonded labour were being eradicated and a national rehabilitation fund had been set up for victims; a Social Action Projects Programme was aimed at improving education, health, water supply, sanitation, and population welfare. Special protection was offered to human-rights defenders who were faced with risks posed by the foreign sponsored anti-human-rights elements in Pakistan.
The Chairperson of the Subcommission interrupted the speaker.
YOZO YOKOTA, Subcommission Expert, referred to the murder of a Korean human rights activist, found murdered in Japan, and mentioned yesterday in the statement of Mr. Weissbrodt. It was true that suspicion had been raised in Japan. Mr. Yokota had recently learned that a suspect had been arrested and wanted to confirm the situation in Japan. The suspect was a women who had shared a room with the victim for a few years. The full and timely investigation of his death was being carried out by the Japanese authorities. It would be wise to avoid speculation until the case had been brought to court. He expressed appreciation for Mr. Weissbrodt's interest in the situation. It was also true that there had been a number of forcible disappearance in Japan and there had been some reason to suspect a link to the Democratic People's Republic of Korea.
AMARE TEKLE (Eritrea) said that since parts of his country had been occupied in May 2000, the violations of human rights and the atrocities committed by the military Ethiopian forces had reached an incredible level of violence. The behaviour of the Ethiopian authorities was simply barbaric. War crimes and crimes against humanity had been carried out by Ethiopia against Eritrea's civilian population.
The Chairperson of the Subcommission interrupted the speaker.
BAP KESANG (Bhutan) said the Subcommission had adopted a Chairman's statement last year calling for Bhutan and Nepal to take effective and urgent action to resolve the problem of refugee camps in Eastern Nepal. The problem was complex, and involved the population explosion in the region, environmental degradation, and extreme poverty; Bhutan continued to face the problem of illegal economic migrants which posed a grave challenge to its peace, security and sovereignty; lawful actions being taken by the Government to control the unending flow of illegal immigrants had been deliberately misrepresented and politicized. The camps in Nepal had attracted all manners of people posing as refugees from Bhutan. Bhutan remained conscious of the humanitarian nature of the situation and was concerned about their desperate plight.
The two Governments had met on several occasions since last August and were now at an advanced stage of negotiations. In April, the High Commissioner for Refugees had visited Bhutan. The best means of finding a lasting solution was through bilateral dialogue; it was possible to resolve almost all differences relating to joint verification of people in the camps, with the exception of one issue. Bhutan was hopeful that the remaining issue would be resolved soon and that verification could begin at an early date.
LOUIS JOINET, Subcommission Expert, spoke on human rights violations on which no action had so far been taken; follow-up suggestions; and the issue of impunity. Violations which had not come before the Subcommission were the situations in Kyrgyzstan, Tunisia and Zimbabwe. In Kyrgyzstan, preventive steps should be taken, focusing on the fate of human rights defenders and political parties. In Tunisia, there had been positive developments such as the release of a human rights defender; however, the situation was more than worrying, notably concerning the persecution of people making peaceful use of their right to freedom of opinion and expression. In Zimbabwe, historical factors affected the situation. However the current situation could not be boiled down to a confrontation between the previously colonized and the previous colonizers. Many agricultural workers opposed the current situation and had been forced to flee. The war veterans had rights, but also duties, such as fighting hatred and not disseminating it.
Mr. Joinet expressed concern about the situations in Austria and Spain, and associated himself with comments made on Turkey, the Democratic Republic of the Congo, the United States, Belarus, the Democratic People's Republic of Korea, Indonesia, Mexico and Togo. The world was awaiting a key decision in the case of General Pinochet. What ever happened in the end, this case was important as a precedent. It was better if the solution involved domestic courts as opposed to foreign courts. This situation was a sign of the considerable progress in the Chilean legal process. Experts of the Subcommission should establish a closer link between themselves and the Special Rapporteur on impunity, in order to improve and widen the work on issues of impunity.
HALIMA EMBAREK WARZAZI, Subcommission Expert, said she was surprised to hear Mr. Joinet refer to the elections in Austria, and she wished to ask him, were these elections fair, and did they reflect the democratic will of Austrians? If so, and if the fair exercise of democracy in other countries led to outcomes that raised concerns about human rights, what was to be done? She thought the Subcommission might discuss this matter further.
VLADIMIR KARTASHKIN, Alternate Subcommission Expert, said no one had discussed so far the effects on human rights of so-called humanitarian interventions. Of course, there were humanitarian aims behind such interventions, but they also involved taking decisions at the international level on the level of force to be used. It was necessary to follow the principles of the UN Charter. Sometimes, there were efforts to mislead or unfairly dramatize situations by unreliable or at least unnamed sources or witnesses. When talking about the situation in specific countries, there must be a careful and balanced approach.
Mr. Kartashkin said he had visited Chechnya several times. His information did not depend on the mass media or "sources", but he saw it with his own eyes. His first impressions before the visits, based on the media and various "sources", did not match up with what he saw. First and foremost, Chechens told him that after the arrival of the rebel forces, schools had been closed, electricity and water supplies had been cut, and the rebels had robbed Chechens. Chechens said that the situation changed afterwards. Order returned to the region and life improved with schools reopening and water and electricity services being restored. There had been a substantial change in the situation in Chechnya recently, although media sources said the situation had not changed.
The conflict had begun when armed bandits came into Chechnya from outside. How would other countries react if this occurred, and if these bandits then tried to expand the territory under their control? No country would accept this. Each State had the right to reestablish its territorial integrity and national unity. At the same time, the State had to respect the rights of the civilian population -- but in any conflict, losses among the civilian population were inevitable. The situation should be discussed fairly, accurately, and impartially.
MANUEL RODRIGUEZ CUADROS, Subcommission Expert, elaborated on the criteria that would guide his participation in the discussion on human rights violations in any part of the world. The protecting and promoting of human rights entailed certain rules, a praxis of guardianship. International human rights law primarily had the objective to protect the victims of human rights violations. This guardianship implied the necessity to prioritize victims and prevent violations. In order to achieve these goals more focus was needed on the rational of human rights. The Subcommission, being of an independent nature, prohibited the politicization of human rights criteria. The criteria of conscience and awareness, evidence, human rights standards and their application could not be open to political negotiations in a body like the Subcommission. Broad-ranging transparent dialogue was required in a spirit of cooperation between Governments and between Governments and non- governmental organizations.
The Expert said that to judge a situation or a violation of human rights without the rationale of the human rights law would imply an introduction of alien criteria to the guardianship of victims of human rights violations. This was particularly important regrading issues of impunity such as arbitrary detention, summary executions, torture, restriction of freedom of expression and the independence of the judiciary. Within the legal and political context of the enjoyment of human rights, the link between enjoyment of human rights and the rule of law had to be emphasized. This was the best system for preventing human rights violations. The emphasis of the link between the structural problems of impunity and the role of law and democracy was encouraged.
QIAO ZONGHUAI (China) said that the Chinese Government maintained that the universality of human rights should be integrated with the specific national situations and practices of countries. The Chinese Government had found a development path suitable to the Chinese national situation. Two decades after the reform and opening-up, the problem of subsistence and development had practically been resolved. Poverty of the overall population had been reduced from 250 million two decades ago to a current 34 million. While improving the enjoyment of economic, social and cultural rights by the Chinese people, the Government was committed to the build-up of democracy and legal systems protecting people's civil and political rights in line with the law.
Legal reforms had provided a legal basis for the consolidation and expansion of democratic participation by the people and improved democracy at the grassroots level. Steps were also taken to protect the rights of the people by ensuring impartial administration of justice and enhancing the public awareness of law and legal rights. The Chinese Government had won wide support from the people in the ban of a cult organization seriously endangering the society and people's right to life, subsistence and health. The reforms of the Subcommission were welcomed by the Chinese Government, which hoped that this would enable the Subcommission to improve efficiency and the study of issues of concern to the developing countries.
RAOUF CHATTY (Tunisia) said the country had a long-standing interest in cooperating with UN human-rights mechanisms. Since last year, it had worked hard to ensure that democratic development went hand in hand with economic and social development -- a functional, holistic approach placing human dignity at the centre. Tunisia had organized the first pluralistic elections in its history; it had adopted a series of measures to improve administration of justice; Parliament had reviewed certain criminal provisions, putting an end to obligatory work in prisons and allowing for alternative sentencing; legal guarantees for defendants on trial had been enhanced; and freedom of expression had been bolstered through establishment of a committee of media representatives to make recommendations to the President.
Tunisia was moving forward towards a better future; hence it was futile to pay attention to unfounded allegations against the country from those who sought to make human rights a business for furthering their own ends. Tunisia had never claimed to be perfect, but it was fully committed to improving human rights and had done much to reach that goal.
HAN SUNG IL (the Democratic People's Republic of Korea) said that the Government of the Democratic People's Republic of Korean took a particular interest in this year's session of the Subcommission due to its new mandate. The new mandate would avoid duplication and politicization and enable the time to be spent on more analysis of the issues of concern. It was worrying that such little focus was spent on the right to life within the promotion of human rights. The loss of life because of all sorts of social evils, such as extreme poverty, had for too long been separated from the deprivation of life because of the death penalty. The execution of 3,000 criminals around the world each year was an issue of concern, however the death of 10 million innocent people every year by extreme poverty had almost been ignored.
It was out of the question to discuss human rights without addressing the right to life. Priority should be given to this issue. Concern was expressed as to the mistreatment of children. This was no longer limited to developing countries but was also rampant in developed countries in the form of the sale of children and child prostitution. Dialogue and cooperation were powerful engines for the promotion and protection of human rights. To this end, sovereignty of other States had to be respected and impartiality, objectivity and non-selectivity had to be observed.
AL-HADDAD AHMED (Bahrain) said all sections of the community in Bahrain were working together to build a secure and prosperous future. The Government was pursuing coordinated policies in job-creation, employment, education, training, and provision of social and economic infrastructure. Social and welfare services were being upgraded, and over 200 non-governmental organizations represented civil society. Elections had been announced for municipal councils and the Shura (consultative) Council; the Shura would have women among its members; a National Human Rights Institution had been established, and a Supreme Council for the Judiciary had been set up to supervise all aspects of the judicial system.
Internationally, the Government continued discussions on technical cooperation with the Office of the High Commissioner for Human Rights; it looked forward to a visit by the Working Group on Arbitrary Detention early next year; it continued a dialogue with Amnesty International; and the International Committee of the Red Cross had continued its programme of visits in accordance with a 1996 memorandum of understanding. The Government continued to study further measures to enhance respect for human rights.
FAN GUOXIANG, Subcommission Expert, said that that the root causes of human rights violations needed more focus. The root causes were two-fold, originating both from within and among nations. Undermining and threatening international peace and security had always initiated, and continued to generate, massive violations of human rights. The Second World War came to an end some five decades ago, and more than ten years had elapsed since the end of the Cold War. Why was it that there were still miliary alliances, military pacts and military bases installed in the territory of foreign countries? Undisciplined behaviour of soldiers, unscrupulous release of polluted material, and accidents of training planes were wounding both the national and personal dignity of foreign countries.
In the name of human rights, the wrong-doers had gone as far as pretending to undertake an alleged duty and to carry out a Ahumanitarian military intervention@, even without prior notice given to the UN Security Council. The recent NATO military intervention in Kosovo had not been humane for Albanians or Serbs. Just as there were humanitarian workers risking their lives to help others, some made use of 'humanitarian interventions' for politically motivated purposes. The Expert said he disagreed with any follow-up concerning country-specific resolutions of the fifty-first session of the Subcommission and any follow-up concerning thematic resolutions in which country names were mentioned. He had serious reservations regarding the Chairperson's statements on human rights situation in Togo, Belarus, Indonesia and Mexico as well as on persons in Nepal claiming to be refugees from Bhutan.
SOO GIL PARK, Subcommission Expert, said situations around the world varied -- the territory of the former Yugoslavia was still recovering from a decade-old war; East Timor was building democracy; the Kashmir problem was long-running and had no end in sight. In Africa there were several areas of concern -- brutal conflicts where women and children suffered and peace and stability were threatened. In all regions of the world, violence threatened to be contagious. Against that, the international community had its human-rights instruments and bodies and the constantly enlarging concept of human rights.
During the past few decades, the notion of human rights had been expanded to include a whole new range of issues -- a healthy environment, freedom from want, issues related to women and children -- and new instruments and conventions. There were more institutions involved, and NGOs were increasingly important and influential.
A major challenge was the persisting difference between the developed and developing worlds and different perceptions of human rights from culture to culture and under different Governments. Human rights were critical to every country's economy, however, and were not rewards that should follow economic progress. A second challenge had to do with peace and security. Human rights were sometimes limited or violated in the name of national security, but history had shown that special circumstances did not justify restrictions on human rights.
The recent summit between the leaders of the two Koreas promised to have major consequences based on dialogue and cooperation; it was to be hoped that the new atmosphere would allow human rights in the region to be enhanced.
RAJENDRA KALIDAS WIMALA GOONESEKERE, Subcommission Expert, recalled the sadness with which the fifty-first session of the Subcommission had opened due to the murder of a prominent human rights defender from Sri Lanka. Concern was still required as the increase of violence and terrorism was alarming. Had the world arrived at the stage where bodyguards were required at all times of the day? These incidents did not happen every day, however, they happened often enough to be alarming. State terrorism had not disappeared, on the contrary, it was ripe. The rights and fundamental freedoms had been guaranteed to all by the United Nations.
Today's tendencies were shattering the lives of innocent civilians. The State had a duty to maintain law and order, with the help of the international community. Terrorism was a matter of great concern, as it could lead to disproportionate reactions to the issues at stake. It was time to extend the scrutiny to non-State actors. No group of people could engage in terrorist activities, rules had to apply to them, just as they did for multi-national companies. Millions of innocent women, men and children were also made to suffer from the actions of their Governments. Embargoes were not the appropriate response to Government actions. Embargoes were reminiscent of colonial policies of the past. It was clear that world order was paramount, but adjustments had to be made when serious violations of human rights became manifest. There should always be room for compassion for all citizens of the world.
CORRIGENDUM
In press release HR/SC/00/5 of 2 August, the statement of Subcommission Expert David Weissbrodt on page 4 should read as follows:
DAVID WEISSBRODT, Subcommission Expert, said Belarus had established a mixed record since a consensus Chairman's statement was adopted by the Subcommission last year; the Government had made progress to meet the terms of the statement and had invited the Special Rapporteur on the independence of judges and lawyers to visit in June; many of the concerns cited by him had a common foundation -- that disproportionate power was held by the executive branch of the Government and compromised the integrity of the judiciary and legislature. Yet other measures mentioned in the Chairman's statement had not materialized. The progress report which the Government had agreed to submit to the Subcommission had been submitted but had not yet been issued. He encouraged the Government of Belarus to comply fully with the remainder of its agreement.
While Bhutan and Nepal had met to discuss the problem of 80,000 to 100,000 refugees from Bhutan living in refugee camps in Nepal, a constructive agreement had not been achieved and no real progress had been made with regard to their return. There had been dramatic improvements in relations between the two Koreas recently, but there was no indication of any significant improvement in the human rights situation within the Democratic People's Republic of Korea. Famine had caused thousands to flee the country, and forcible repatriation of some from China was a cause of concern; as was the stabbing death of a Korean human-rights activist in Japan. The human-rights situation in Indonesia remained fragile and perpetrators of violations continued to go unpunished. Peru continued to maintain that it had withdrawn from the jurisdiction of the Inter-American Court of Human Rights. And although there had been some Governmental efforts to curb endemic torture in Turkey, torture persisted there, along with reports of deaths in custody and "disappearances".
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