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30 October 2000

Fifty-fifth General Assembly
Third Committee
30 October 2000
41st Meeting (PM)




The world must make it crystal clear that no impunity will be allowed for anyone violating international humanitarian law, the representative of the Republic of Korea said this afternoon in the Third Committee (Social, Humanitarian and Cultural), as it continued considering human rights questions.

Systematic large-scale violations in areas of civil wars and conflicts were of particular concern, he said. The victimization of innocent civilians was deplorable. To cope, the international community should encourage the rival parties to seek national reconciliation away from the political limelight. It should also trace and bring to justice those responsible for crimes against humanity. He called for support of the special court for the trial of perpetrators in Sierra Leone.

Nigeria’s representative said people-centred programmes were inevitable for sustainable development. The holistic human rights approach to development would bring about accountability, participation and empowerment. Since democratic order had taken root, his country had made impressive human rights achievements. The panel set up last year to investigate past human rights abuses had begun public sittings. Such an investigation would not only right the wrongs of the past, but would also guide the country in erecting up structures to prevent abuses from recurring.

Myanmar’s representative, however, warned against overzealousness with regard to human rights. He said that developing countries exercising their right to development were chastised for violating human rights at a time when they were doing their best to provide rapidly growing populations with basic necessities. Often, the alleged violations did not reflect the overall situations of the countries or policies being criticized. Such unhealthy exaggerations could affect the credibility of the global human rights regime.

Statements were also made by the representatives of Algeria, Yemen, Kuwait, Tunisia and Libya.

Also this afternoon, the representative of Egypt introduced a draft resolution on the right of the Palestinian people to self-determination.

The Committee will meet again at 10 a.m. on Wednesday, 1 November, to continue its consideration of approaches to human rights, human rights situations, the 1993 Vienna Declaration and the report of the United Nations High Commissioner for Human Rights.


Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this afternoon to continue considering human rights questions, including alternative approaches for improving the enjoyment of human rights and fundamental freedoms. The Committee is also expected to consider human rights situations and reports of special rapporteurs and representatives; implementation and follow-up to the Vienna Declaration and Programme of Action (1993); and the report of the United Nations High Commissioner for Human Rights. (For background, see Press Release GA/SHC/3603 of 24 October.)

Also before the Committee is a draft resolution on the right of the Palestinian people to self-determination (document A/C.3/55/L.32), by which the Assembly would reaffirm that right, including the right to a State. It would express the hope that the Palestinian people would soon be exercising that right in the peace process; and would urge all States and the United Nations system to continue assisting the Palestinian people in their quest for self-determination.

The draft is sponsored by Afghanistan, Algeria, Andorra, Austria, Bahrain, Bangladesh, Belgium, Benin, Botswana, Brunei Darussalam, Burkina Faso, Burundi, Chile, Congo, Costa Rica, Cuba, Cyprus, Democratic Republic of the Congo, Denmark, Djibouti, Ecuador, Egypt, Finland, France, Gambia, Germany, Greece, Guinea, Indonesia, Ireland, Italy, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Liberia, Luxembourg, Madagascar, Malaysia, Mali, Malta, Mauritania, Monaco, Morocco, Mozambique, Namibia, Netherlands, Niger, Nigeria, Oman, Pakistan, Panama, Portugal, Qatar, Saint Lucia, San Marino, Saudi Arabia, Senegal, Sierra Leone, South Africa, Spain, Sudan, Suriname, Swaziland, Sweden, Tunisia, United Arab Emirates, United Kingdom, United Republic of Tanzania, Viet Nam, Yemen, Zambia, Zimbabwe and Palestine.

Introduction of Drafts

The representative of Egypt introduced a draft resolution on the right of the Palestinian people to self-determination (document A/C.3/55/L.32).

The following were added as co-sponsors: Bosnia and Herzegovina, Brazil, Japan, Liechtenstein and Norway.

Statements

ABDALLAH BAALI (Algeria) said the countries of the South had needed to build everything from scratch, particularly with regard to developing the means to secure and safeguard human rights. It was, for that reason, that the developing countries were seeking assistance to implement the instruments, particularly technical assistance. Since human rights belonged to everyone equally, there could be no politicization of those rights or promotion of any other causes artificially attached to them.

In his country, he said, exceptional care had been taken to ensure openness in establishing a culture of human rights. That applied with regard to accessions to human rights conventions and instruments, and to the establishment of institutions to implement them. Detailing numerous steps taken in a variety of areas, from establishment of an independent press in the private sector to the reform of the judicial system, he said all efforts had the common element of testifying to Algeria’s commitment to root the culture of human rights in the very lives of the people.

Further, he said, the recognition of the need for transparency had led his country into amicable relations with Amnesty International and the International Committee of the Red Cross (ICRC), among others. Yet, the country also understood that democracy did not mean irresponsibility. Its people rejected extremism and terrorism. They also recognized that human rights and democracy went together in an interdependent process. Neither politicization nor selectivity had a role in that process. Further, no one should ever arrogate the right to judge others because no one was without blame. Ultimately, however, all should live by the reality that the promotion of human rights had no other end but to better human existence.

KYAW WIN (Myanmar) said that when the Universal Declaration on Human Rights was adopted by consensus, the international community had accepted the global regime prescribed by numerous declarations and instruments, under the assumption that it would always be underpinned by universal principles such as impartiality and non-selectivity of human rights. The aim of that approach was to maintain the integrity of the regime and to effectively promote and protect human rights. Unfortunately, despite all that, those principles had not always been observed scrupulously. In fact, the divide between civil and political rights, and the economic, social and cultural rights that had characterized discussions of human rights and their application in the past, continued to divide the international community. For instance, the right to development, which should have been recognized long ago, had only recently been given the attention it deserved. He was encouraged to note that with the commitment of the Office of the High Commissioner for Human Rights to the promotion and realization of the right to development, necessary steps were now being taken to implement that right, which developing countries held so dear.

He went on to say, however, that at the time when developing countries were exercising their right to development, many of them were being chastised for alleged violations of human rights. That magnified failures disproportionately at a time when those States were doing their utmost to provide rapidly growing populations with basic necessities. In most cases, those alleged violations did not reflect the overall situations in those countries, or their governments’ policies. Such unhealthy tendencies to overstate alleged violations of civilian political rights -- with the motive of satisfying special interest groups of domestic constituencies within their own countries -- had become the hallmark of resolutions of the Committee. Those tendencies were bound to affect the credibility of the human rights regime the international community had worked so hard to build.

Myanmar had been making every effort to achieve the rights outlined by the independent expert on the right to development. Those rights included the right to food, education, primary health care, and primary education. To provide sufficient food to the population, the Government was developing agriculture sectors as a matter of priority. His Government wished to expand the transition process. But in a country where stability was an essential condition for taking further political steps in that regard, attempts to criticize every effort of the Government to move forward must be taken seriously. Those attempts could not be allowed to get out of control and derail the transition process. That was why the Government had taken preventive measures against the National League for Democracy and some of its members. He assured the Committee that those measures were temporary.

WALID ABDUKWAHED AL-ETHARY (Yemen) said his country was advancing quickly towards democracy and respect for human rights. It was working hard to achieve more in the area of social justice and reform. The people of the country were participating more in political and social life through the work of non-governmental organizations (NGOs). Those and other initiatives enriched democracy and promoted human rights. Yemen’s commitment to the promotion and protection of human rights was also demonstrated by the number of measures taken to contribute to humanitarian rights. A national high council was working through NGOs to maintain the links to international human rights agencies at the local level.

He went on to say that the achievement of human rights was closely linked with the right to development. They were, in fact, two sides of the same coin. It was important to realize, however, that neither could flourish in the shadow of hunger and poverty. He also said that it was up to the United Nations community to condemn selectivity in practising the promotion of human rights. In that regard, the situation in the Middle East should be an affront to the international community. The Palestinian people should not have to suffer the violence and killings that were occurring there. Selectivity could not serve the noble principles of human rights instruments, particularly the Universal Declaration of Human Rights.

AYADAH AL SAIDI (Kuwait) recalled that the High Commissioner had stressed the need for building a climate of human rights, which would require a consolidation of her Office to be more effective. The situation of human rights in the occupied Palestinian territories was a critical condition of concern. The culture of a people was an important component of a country’s human rights situation. Differences were not always readily understood. Out of respect for international commitments, his country had signed most of the conventions and had turned them into national law. The last of those had been signed at the Millennium Summit. It was the one leading to the establishment of the International Criminal Tribunal.

He affirmed that his country respected all international standards, and that all Kuwaiti citizens exercised their rights in the political arena. Particular emphasis was placed on the role of women, since Kuwait recognized that it could not develop without the full participation of its women in the process. Finally, out of recognition for Kuwait’s respect for human rights, the international community should put pressure on Iraq to release Kuwaiti prisoner and let them return home.

SHIN GIL-SOU (Republic of Korea) cited -- as major advances for human rights this year -- the opening for signing of the Optional Protocols to the Convention on the Rights of the Child, and also the appointment of a special representative of human rights defenders. Despite best efforts to protect rights and ensure fundamental freedoms, gross violations of human rights were occurring in many parts of the world. Of particular concern were the systematic and large-scale violations in areas embroiled in civil wars and conflicts. The victimization of innocent civilians was deplorable.

To cope with those situations effectively, the international community should encourage the rival parties to seek national reconciliation away from the political limelight. The international community should also trace and bring to justice those responsible for crimes against humanity. In that regard, a special court to try perpetrators in Sierra Leone should be supported. Further, it should be made crystal clear that no impunity would be allowed for anyone guilty of violating international humanitarian law.

The development of preventive measures and strategies was equally important, he continued. The latest incidents in the Middle East proved how vulnerable human rights were in a volatile situation. It also showed that without durable peace, innocent civilians and children fell victim. The eradication of poverty was an important step towards durable peace for millions of those in poverty who could not participate in global betterment.

And finally, he said, recent crises had demonstrated that hatred and prejudice against races and religions were a root cause of human rights violations. The 2001 World Conference on racism should focus on adopting a declaration and concrete programme of action that would provide structures, remedies and standards. It was heartening that 60 heads of State had signed the Declaration on Tolerance and Diversity, which had been initiated by the High Commissioner for Human Rights, to promote a positive approach to the World Conference.

DALEL KRICHENE (Tunisia) said the report of the High Commissioner had called attention to the importance of universality and non-discrimination in human rights. The international community now paid greater attention to all human rights, particularly with respect to humanitarian law with regard to armed conflict. It was important to note that the Office of the High Commissioner should be strengthened so that its work could be concentrated on prevention. Many areas of the globe were affected by massive human rights violations, she said. It was the duty of the international community to denounce those violations when and where they occurred. The recent events in the Palestinian occupied territories deserved immediate attention, particularly with regard to the violations of the human rights of women and children. The international community must insist on the full application of the Vienna declaration, as well as the Fourth Geneva Convention on the protection of civilians during conflict.

She said that the international community should work towards promoting and protecting the right to development. Poverty, however, was a major obstacle to the full enjoyment of that right. “We must refuse to accept a future in which a large portion of humanity would be excluded”, she said. In that spirit, Tunisia’s President had launched an appeal for a world solidarity fund to address the issue of poverty. The fund would complement and not substitute the efforts of the international community. It would also make the culture of international solidarity the foundation for the future of achieving the universal right to development. Her country had also undertaken far-reaching reform towards pluralism and democracy. She was also convinced that without stable employment citizens could not enjoy their rights. To that end, the Government had established a set of employment-related initiatives aimed at youth.

NAJAT AL-HAJJAJI (Libya) said her delegation was well aware of the difficult and complex conditions under which most special rapporteurs, special representatives and independent experts were working -- particularly the lack of human resources. Her delegation was actively seeking to discover ways those instruments could better fulfil their aims. She said that humanitarian workers should be chosen on the basis of professional capacities and skill and suitability for working in the field. Equitable geographic distribution and gender balance should also be ensured among the ranks of special rapporteurs and representatives. It was also preferable to choose specially mandated humanitarian workers from within the same or similar region or culture. That person should have knowledge of the language of the country in which they would work, as well as the intimacies of particular traditions and cultural practices.

She went on to say that integrity and impartiality were perhaps the most important characteristics special rapporteurs and special representatives should possess. She also stressed the importance of coordinating their work within the countries of their mandate so as to avoid overlap. Coordination with the United Nations agencies working in the field was also vital. Her delegation supported the view that persons holding mandates with special procedures should present reports to the relevant governments in time to allow appropriate responses. Those reports and responses should be treated as official documents. Finally, she said that as much as possible the work of special rapporteurs and representatives should be funded through the regular budget of the Organization. Term limits should be set.

TENIOLA OLUSEGUN APATA (Nigeria) affirmed his country’s commitment to human rights, recalling that it had signed both Optional Protocols to the Convention on the Rights of the Child during the Millennium Summit. He said prevention was a major plank in promoting and protecting human rights. The human rights perspective and the human rights-based approach to development should be mainstreamed into system-wide United Nations activities. Inevitably, development would proceed along the lines of people-centred programmes for sustainable development. The holistic human rights approach to development would bring about enhanced accountability, more meaningful participation and empowerment.

He said his country was proud of its human rights achievements since democratic order had taken root. The panel set up last year to investigate past human rights abuses had begun to hold public sittings. Such an investigation was expected not only to right wrongs of the past, but also to guide the country in erecting structures to prevent recurrences of abuses.

Finally, he said his country was pursuing a vigorous Poverty Alleviation Programme to address the worst cases of poverty, unemployment and economic deprivation. Alleviating those ills would empower the people for nation-building. As for those who were concerned about the seeming differences in religious views, he said Nigeria was a secular State in which freedom of both expression and religion was guaranteed. Further, as a country in which religions had always coexisted, its current democratic set-up included a structure for resolving such differences.




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