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02 August 2000
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Sub-Commission on the Promotion
and Protection of Human Rights
52nd Session
2 August 2000
Morning
Subcommission on Promotion and Protection of Human Rights
Begins Substantive Work
The Subcommission on the Promotion and Protection of Human Rights began hearing statements this morning from non-governmental organizations (NGOs) charging human-rights abuses around the globe.
NGOs alleged violations in or by Congo-Brazzaville, Tunisia, Algeria, Chechnya, Israel, the United States, Turkey, the Federal Republic of Yugoslavia, Iraq, Indonesia, Mexico, Peru and Bangladesh.
Earlier, the Subcommission's 26 Experts suspended a procedural discussion over how the debate on such issues could be made a matter of record afterwards. The group's parent body, the Commission on Human Rights, has directed the Subcommission not to adopt resolutions this year that refer to situations in specific countries, yet debate is still to be held. The debate began this morning, under the Subcommission's regular agenda item entitled "Question of the violation of human rights and fundamental freedoms, including policies of racial discrimination and segregation, in all countries, with particular reference to colonial and other dependent countries and territories". A proposal to characterize the debate through an annex to the Subcommission's final report did not receive the support of all the group's Experts.
Providing substantive statements this morning were the following NGOs: the International Federation of Human Rights; the International Organization for the Elimination of All Forms of Racial Discrimination; the Netherlands Organization for International Development Cooperation; the Indian Movement Tupaj Amaru; the International Indian Treaty Council; the Asian Buddhist Conference for Peace; the American Association of Jurists; and Europe Third World Centre.
The following Experts also spoke: Halima Embarek Warzazi, Paulo Sergio Pinheiro, El-Hadji Guisse, Yozo Yakota, and Jose Bengoa.
The Subcommission will reconvene at 3 p.m. to continue its discussion on human-rights violations anywhere in the world.
Question of violations of human rights in all countries
Under this agenda item, the Subcommission has before it a note by the Secretariat on the situation in the Republic of the Congo (E/CN.4/Sub.2/2000/4) stating that in its resolution 1999/2, the Subcommission on the Promotion and Protection of Human Rights requested the Secretary-General to submit a report on the situation of human rights in the Republic of the Congo to the Commission on Human Rights and the Subcommission at their next sessions and recommended that the Commission should consider the question. The Secretary-General submitted to the Commission at its fifty-sixth session a report on the situation of human rights in the Republic of the Congo, which is available to the members of the Subcommission.
There is a report by the High Commissioner for Human Rights on the violation of the rights of human rights defenders in all countries (E/CN.4/Sub.2/2000/5) stating that in compliance with resolution 1999/3 where the Subcommission requested the High Commissioner for Human Rights to inquire about the security situation of persons listed in the annex to the resolution and to inform the Subcommission of the results of her inquiries, the High Commissioner had on January 31, 2000 transmitted to the Governments of Cambodia, Syria, Turkey, Tunisia, the Federal Republic of Yugoslavia, Togo, Zimbabwe and the Democratic Republic of the Congo communications concerning the security situation of human rights defenders. The report consists of the information provided in response to the above-mentioned communications.
There is a note by the Secretariat on the death penalty, particularly in relation to juvenile offenders (E/CN.4/Sub.2/2000/6) stating that in its resolution 1999/4, the Subcommission on the Promotion and Protection of Human Rights requested the Secretary-General to submit to it at its fifty-second session information concerning the number of executions of juveniles carried out between the adoption of the resolution and the start of the next session of the Subcommission and on the number of executions generally carries out in the same period. The Subcommission will have available to it the sixth quinquennial report of the Secretary-General on capital punishment and implementation of safe guards guaranteeing protection of the rights of those facing the death penalty, covering the period 1994-1998 which is due in 2000 in accordance with Economic and Social Council resolution 1995/57. The United Nations Centre for International Crime Prevention in Vienna shall undertake its sixth survey by questionnaire of Governments, intergovernmental organizations and non-governmental organizations. On this basis a revised version of the report shall be submitted in January 2001. This report will include information concerning the number of executions of juveniles.
The Subcommission has before it a report by the Secretary-General on the status of withdrawals and reservations with respect to International Covenants on Human Rights (E/CN.4/Sub.2/2000/7). The report focuses on the status of reservations, declarations, understandings, and communications received with respect to international treaties on human rights and the communications received concerning withdrawals.
There is also under this agenda item a letter from the Charge d'affaires of the Permanent Mission of the Federal Republic of Yugoslavia to the United Nations Office at Geneva (E/CN.4/Sub.2/2000/35), and addressed to the Subcommission Chairperson on the first anniversary of "the cessation of the NATO aggression against the Federal Republic of Yugoslavia" and containing a Government statement summarizing a memorandum on the subject sent to the Security Council; and a second letter from the Charge d'affaires (E/CN.4/Sub.2/2000/36) containing the actual text of the memorandum. The text focuses on the failure of the international mission under the auspices of the United Nations in Kosovo and Methija, the systematic violation of the sovereignty and territorial integrity of the Former Republic of Yugoslavia and the mandate of the Security Council of the United Nations, the massive violations of human rights, the responsibility of the Security Council and the demands of the Government of the Former Republic of Yugoslavia.
The Subcommission also has before it a note by the Secretary-General on the situation of human rights in Togo (E/CN.4/Sub.2/2000/8) reporting that in September 1999 the Secretary-General, the United Nations High Commissioner for Human Rights and the Secretary-General of the Organization of African Unity began consultations among themselves and with the Government of Togo regarding the composition, organization, establishment and functioning of the international commission of inquiry. In June 2000 the Secretary-General of the Organization of African Unity and the Secretary-General of the United Nations announced the establishment of the International Commission of Inquiry for Togo and the first meeting will be held from 31 July to 4 August 2000.
The Subcommission had before it a letter from the Charge d'affaires of the Permanent Mission of the Federal Republic of Yugoslavia (E/CN.4/Sub.2/2000/38) consisting of a list of persons killed in terrorist actions by Albanian separatists in the Autonomous Province of Kosovo and Methija in the period from 10 June 1999 to 30 June 2000.
The Subcommission had before it a letter from the Charge d'affaires of the Permanent Mission of the Federal Republic of Yugoslavia (E/CN.4/Sub.2/2000/39) containing a statement by the Ministry of Justice and Ministry of Finance of the Republic of Serbia concerning real estate in the Serbian Province of Kosovo and Methija.
Statements
ELINI PETROVLA, of the International Federation of Human Rights, spoke on the systematic violations of human rights in Congo-Brazzaville, Tunisia, Algeria and Chechnya. The organization had been mandated to carry out missions of investigations and concluded that in Congo-Brazzaville the justice system was not offering sufficient protection of basic human rights. The Government of Congo was called upon to live up to promises it had made and to establish a sense of stability in the country through the setting up of democratic institutions and ensuring that victims of the war were compensated for the numerous human rights violations. In Algeria, the rehabilitation of victims of the conflicts was still needed. In Tunisia, work was necessary to ensure the freedom of the press and the independence of the judiciary. The politics of persecution targeting human rights defenders had to end. In Chechnya, there were systematic violations of the human rights of the civilian population. The Subcommission was urged to call upon the above mentioned governments to promote and respect human rights.
ABDALLAH SHARA FEDDINE, of the International Organization for the Elimination of All Forms of Racial Discrimination, said the organization was devastated by the behaviour of certain people who could be termed "insane". How could the Israeli law of return allow free movement to Palestine to Jews but limit access to others; non-Jews could not even go there to recover their possessions. The law was discriminatory. Another example was the action of the United States to continue the unfair embargo against Iraq; it was a nightmare, a policy of hatred, that caused immense suffering to an age-old people.
Public opinion should accept that thousands were being driven from their homes and prevented from returning under the law of return enacted in Israel. Resolutions and decisions by human-rights bodies, meanwhile, did not change the discriminatory activities of the United States in relation to the embargo. The embargo had horrible effects on thousands of children. This injustice had to be rectified. Why were more people not moved by the situation of thousands of Iraqi women and children who died every day for lack of medicine and food as a result of the embargo?
AFRIDAL DARMI, of the Netherlands Organization for International Development Cooperation, said Indonesia had seen unprecedented communal violence in the Moluccas and most recently in central Sulawesi, while violations by the military continued to take place on a large scale in Aceh and West Papua. In Aceh, despite a recent humanitarian pause, there had been arbitrary detentions, extra-judicial killings, torture, disappearances, and rape; the high level of communal violence in the Moluccas continued despite a state of emergency; more than 3,000 had been killed since 1999 and half a million had been displaced. The Indonesian Government had committed itself to bringing violators to justice, but in practice impunity prevailed. In Aceh, only one case involving a number of perpetrators had been brought to court, and it was a military court. The commanding officers remained untouched.
Establishment of rule of law and an end to impunity were among the highest priorities, and the Indonesian Government should start seriously to investigate and prosecute human-rights violations. The international community should continue to monitor the process of justice involving massive violations in East Timor to make sure Indonesia kept its promises.
HALIMA EMBAREK WARZAZI, Subcommission Expert, said it was unthinkable to discuss human rights in the world without recognizing that the violation of those rights was increasing in the world. It was necessary to respect and implement effective protection of human rights. This implementation was necessary even in countries which had previously been seen as champions of human rights. Ms. Warzazi expressed concern as to the lack of serious studies on the underlying causes of the violations of human rights across the world. Victims of human rights violations were condemned to a dramatic fate across the world and particular mention was made of the humiliating suffering of the Palestinian people.
The last United Nations Development Programme report focused on human rights and established that they were not a luxury to be enjoyed by rich countries alone, but were necessary for development and developing countries. While not being tortured was a right, people also had the right not to die of hunger. Nelson Mandela had in a recent article accused London and Washington of causing global disorder. Globalization had caused a great deal of damage in the world, the rich got richer and the poor became innumerable. In the present global situation the cost of globalization far surpassed the advantages for developing countries. Ms. Warzazi raised concern about the criticism of the human rights records of developing countries by the champions of human rights. There had been significant improvement in human right in developing countries. In order for this process to continue, aid, assistance and good examples were required, not criticism. There had to be an in-depth reform of the international system through which greed, exploitation and intolerance could be eliminated. Non-Governmental Organizations had an important role to play in this field. The refusal of NGOs to become institutionalized was commended and they should be supported as they struggled to protect human rights.
PAULO SERGIO PINHEIRO, Subcommission Expert, said last year's summary records devoted 52 pages to the discussion under item 2. The working group on rationalization of the Subcommission's work should take into account that a real follow up should be made of decisions made on rationalization of work.
Mexico was to be congratulated on the fine demonstration of transfer to democratic power that had recently been carried out; Congo-Brazzaville had been asked by the Subcommission to report on various human-rights matters, and it was good to hear that a very comprehensive report on the human rights situation in that country had been submitted by the Secretary-General. Similarly, the Government of Togo had agreed with the Secretary-Generals of the UN and the Organization of African Unity to establish a commission of inquiry into the situation there. Indonesian authorities were encouraged to continue resolution of human-rights problems in their country, and to work further with relevant Special Rapporteurs. Mr. Pinheiro said he was glad a report had been submitted to the Commission on Human Rights on matters related to the protection of human-rights defenders; he also was glad of further activities to abolish the death penalty, especially for persons whose crimes were committed when they were under 18 years of age.
MAHAMAT HASSAN ABAKAR, Chairman of the Commission of Inquiry into the situation in Togo, said that on 7 June, the Secretary-Generals of the United Nations and the Organization of African Unity had announced the formation of a commission to inquire into allegations of extra-judicial executions in Togo and into Government denial of those allegations. The Commission had three members; the first meeting had begun on 31 July; the meeting would last through 4 August; practical conditions for undertaking the investigation would be developed, and the investigation itself would begin around 10 September. He asked for the Subcommission's support.
EL-HADJI GUISSE, Subcommission Expert, said many areas of tension had appeared across the world, particularly in developing countries. These were tensions which had arisen in a context of survival, as the world's massive destruction capacity increased. Peace had become an empty word, particularly in Africa. The proliferation of arms was partly responsible for the instability. Was it a coincidence that 85 per cent of the arms circulating in Africa were produced by the five permanent members of the Security Council? Regulations had to be established regarding the production, use and trade of weapons. It was important to enhance international and domestic peace based on the respect of human rights for all people.
Today justice, freedom and equality were absent for the people of Zimbabwe. The black population had been deprived of the land. The international community had taken action to end apartheid and promises had been made to redistribute assets from which the people had been deprived. A redistribution of land was taking place, a redistribution people had been demanding for twenty years. The white farmers were not asked to return all the land, but to respect the process of redistribution. It was necessary to address issues which threatened to set alight all of Africa. A prompt solution was needed. Another concern was the ease with which violations of human rights could be committed. The responsibility of the international community had been recognized for what had happened in Rwanda and Burundi, but victims had in no way been compensated. Were these merely statements without sequel? Unfortunately, it had become too easy for authors and perpetrators of crimes to continue their practices with no fear of consequences.
YOZO YAKOTA, Subcommission Expert, said the duties of States in relation to human-rights violations had to be discussed; the century just past had seen immeasurable suffering as a result of wars and conflicts brought largely by the powerful countries of the world which had sought to enlarge their territories. But through creation the of the United Nations and the international human-rights movement, the climate had begun to change. The new century would have to be a world in which life, health and well-being were the central concern -- not national aggrandizement. States would not cease to exist, but their functions would change; they would be the means or instruments for ensuring peaceful, happy and healthy lives for all.
States had five duties in relation to human rights: prevention, respect, protection, sanction or punishment, and remedy. Prevention had to be expanded, as it was very important; human-rights education for police, soldiers, and Government officials, and establishment of the rule of law were vital steps. States, of course, had to respect human rights for all, without discrimination. Protection meant taking effective measures to help citizens, and that included steps to halt violations by non-State actors and by such entities as transnational corporations. Inaction in such cases was not excusable. States, similarly, were responsible for bringing perpetrators to justice -- inaction was not acceptable. Remedies had to be provided as well; compensation was required for victims, along with medical and financial help, to reduce suffering. If States did not fulfil these obligations, they would lose their source of legitimacy, which resided in the empowered peoples of the world.
LAZARO PARY, of the Indian Movement Tupaj Amaru, said that Serbia and Iraq were suffering. The wounds of the Serbian people had not healed since the attack by the North Atlantic Treaty Organization. The western powers had created a protectorate in the region similar to those of past world wars. The civilian infrastructure had been destroyed and the bombings of the refugee caravans, the Serbian television and the Chinese embassy bombings had been deliberate. These bombings had caused the exodus of refugees causing a genuine humanitarian disaster. The use and abuse of depleted uranium attempting to kill people was also condemned and the authors of these crimes should be tried and punished. The inhuman embargo in Iraq was dramatic and affected the entire country. Iraq had been mutilated and was on the verge of social destruction through absence of food, medicine and the deliberate targeting of the infrastructure. The Subcommission was urged to call upon Governments to lift the embargoes against Iraq, Cuba and North Korea.
MARCELINO DIAZ DE JESUS , of the International Indian Treaty Council, said that in Mexico, serious violations continued, in particular against indigenous peoples; justice still had not been done for 17 persons massacred in 1995, or for others massacred in 1997; there had been no clarification of yet another massacre of 11 people in 1998. Hundreds of indigenous people were rotting in prisons; others had disappeared; indigenous women had been sterilized against their will and were still awaiting justice for this awful offense. The Government must answer for these crimes.
Some indigenous people were working in veritable concentration camps for agriculture, or were made to work with dangerous materials; the situation amounted to forced labour or contemporary slavery. There were no trade unions to protect them; private guards punished those who protested. The San Andreas agreements signed in 1996 by the Government had not been implemented, meanwhile, and thus the indigenous people had yet to benefit from them. The Subcommission must pressure Mexican authorities to remedy State offenses against indigenous peoples and to compensate and rehabilitate the victims.
PRADHIR TALUKDER, the Asian Buddhist Conference for Peace, said that despite substantial progress in achieving the rights of indigenous people to some extent, the overall situation was far from what was expected within the long period of the International Decade of the World's Indigenous Peoples. A number of peace initiatives had failed because of the attitude of governments which had used peace processes as a means of swindling. This had resulted in conspiracy and chaos. The Chittagong Hill Tracts Peace Agreement in Bangladesh was of particular concern. Unfortunately, 23 Jana Samhati Samiti members had been killed and more that 100 had been kidnapped by the sponsored anti-Agreement group since the decommissioning of the JSS. The presence of thousands of security forces and 400,000 settlers was still a considerable threat to the regional administration and communal harmony. The agreement had been violated and its spirit had faded out. The Government of Bangladesh was called upon to act and the concerned international bodies were reminded of their responsibility in keeping a lasting peace.
PEDRO J. VARELA, of the American Association of Jurists, said that for 60 years, the United States Navy had occupied the small island of Isla de Vieques of Puerto Rico, had bombed it and used it for military tests, and had reduced the population there to poverty and ill-health as a result of toxic materials used during war exercises; the environmental situation also was very serious. There were high rates of cancer and child mortality. Pollution with toxic materials was a violation of international law, and the right to self-determination of Puerto Ricans was violated, since these activities of the U.S. Navy deprived Puerto Ricans of their natural resources. The situation was one of colonialism.
Various protests had been carried out on the island, and the U.S. had arrested and removed those who held demonstrations against continued weapons testing on the island; many were still awaiting trial and were in detention simply for trying to establish peace on the island. The Subcommission should recommend that the Special Rapporteur on toxic wastes visit the Isla de Vieques.
MALIK OZDEN, of the Europe Third World Centre, said that human rights violations were occurring in Turkey with the closing of associations and news papers, arbitrary arrests, torture and repression. Members of the pro-Kurds party were targeted as well as newspapers, Kurdish mayors and students. Three Kurdish mayors had been arrested and were released a week later after having been tortured. They were now accused of having links with the PKK and were therefore facing 7 years of imprisonment charges. These decisions were constantly justified, but amounted to human rights violations. The treatment of prisoners was appalling and there had been instances of prisoners being deprived of air and food and exposed to torture. Following surveys in female prisons, it had come to light that 85 percent of female detainees had been victims of sexual abuse. The European Parliament had expressed its objections to Turkey's human rights violations in a resolution thirteen years ago. There had been no change since then. The Subcommission was called upon to act against the human rights violations committed by the Turkish Government.
JOSE BENGOA, Subcommission Expert, said that in Latin America, the human-rights situation was deteriorating rapidly. Following the former dictatorships in the region, there remained the matter of justice and impunity for massive human-rights violations committed which had huge ramifications for the present and future. The international community must remain alert and watch closely what was happening. There also were situations of widespread violence in some Latin American countries -- Colombia, for example -- where ordinary protections simply were not effective. Establishing an office of the High Commissioner for Human Rights in the field, for example, had been discussed at the Subcommission and it had been felt that the step would be more useful than visits by Special Rapporteurs, and that Governments would cooperate. Now perhaps the matter should be reassessed, along with assessment of the effectiveness of other frequently used human-rights mechanisms. International pressure needed to arise not only from powerful countries, as complex baggage could come with it; the risks of intervention by the powerful nations were great.
Democratization and globalization also had to be discussed. The trend had been lauded, and prosperity expected in Latin America, but the reality had proved to be more complex. The situation in Mexico had given rise to hope, and the performance of the new Government there should be watched carefully; it was hoped that this new administration would resolve the long-running problems in Chiapas and would demilitarize indigenous regions. In Peru, there were concerns over the electoral process; thousands of Peruvians had had to leave the country. Reference should be made by the Subcommission to concern over the future of democracy in Peru, where the transparency of democracy had been called into question. Low-intensity violations could not be ignored; they were telling; and a mechanism was needed to allow the Subcommission to peruse them more effectively.
* *** *
and Protection of Human Rights
52nd Session
2 August 2000
Morning
Subcommission on Promotion and Protection of Human Rights
Begins Substantive Work
The Subcommission on the Promotion and Protection of Human Rights began hearing statements this morning from non-governmental organizations (NGOs) charging human-rights abuses around the globe.
NGOs alleged violations in or by Congo-Brazzaville, Tunisia, Algeria, Chechnya, Israel, the United States, Turkey, the Federal Republic of Yugoslavia, Iraq, Indonesia, Mexico, Peru and Bangladesh.
Earlier, the Subcommission's 26 Experts suspended a procedural discussion over how the debate on such issues could be made a matter of record afterwards. The group's parent body, the Commission on Human Rights, has directed the Subcommission not to adopt resolutions this year that refer to situations in specific countries, yet debate is still to be held. The debate began this morning, under the Subcommission's regular agenda item entitled "Question of the violation of human rights and fundamental freedoms, including policies of racial discrimination and segregation, in all countries, with particular reference to colonial and other dependent countries and territories". A proposal to characterize the debate through an annex to the Subcommission's final report did not receive the support of all the group's Experts.
Providing substantive statements this morning were the following NGOs: the International Federation of Human Rights; the International Organization for the Elimination of All Forms of Racial Discrimination; the Netherlands Organization for International Development Cooperation; the Indian Movement Tupaj Amaru; the International Indian Treaty Council; the Asian Buddhist Conference for Peace; the American Association of Jurists; and Europe Third World Centre.
The following Experts also spoke: Halima Embarek Warzazi, Paulo Sergio Pinheiro, El-Hadji Guisse, Yozo Yakota, and Jose Bengoa.
The Subcommission will reconvene at 3 p.m. to continue its discussion on human-rights violations anywhere in the world.
Question of violations of human rights in all countries
Under this agenda item, the Subcommission has before it a note by the Secretariat on the situation in the Republic of the Congo (E/CN.4/Sub.2/2000/4) stating that in its resolution 1999/2, the Subcommission on the Promotion and Protection of Human Rights requested the Secretary-General to submit a report on the situation of human rights in the Republic of the Congo to the Commission on Human Rights and the Subcommission at their next sessions and recommended that the Commission should consider the question. The Secretary-General submitted to the Commission at its fifty-sixth session a report on the situation of human rights in the Republic of the Congo, which is available to the members of the Subcommission.
There is a report by the High Commissioner for Human Rights on the violation of the rights of human rights defenders in all countries (E/CN.4/Sub.2/2000/5) stating that in compliance with resolution 1999/3 where the Subcommission requested the High Commissioner for Human Rights to inquire about the security situation of persons listed in the annex to the resolution and to inform the Subcommission of the results of her inquiries, the High Commissioner had on January 31, 2000 transmitted to the Governments of Cambodia, Syria, Turkey, Tunisia, the Federal Republic of Yugoslavia, Togo, Zimbabwe and the Democratic Republic of the Congo communications concerning the security situation of human rights defenders. The report consists of the information provided in response to the above-mentioned communications.
There is a note by the Secretariat on the death penalty, particularly in relation to juvenile offenders (E/CN.4/Sub.2/2000/6) stating that in its resolution 1999/4, the Subcommission on the Promotion and Protection of Human Rights requested the Secretary-General to submit to it at its fifty-second session information concerning the number of executions of juveniles carried out between the adoption of the resolution and the start of the next session of the Subcommission and on the number of executions generally carries out in the same period. The Subcommission will have available to it the sixth quinquennial report of the Secretary-General on capital punishment and implementation of safe guards guaranteeing protection of the rights of those facing the death penalty, covering the period 1994-1998 which is due in 2000 in accordance with Economic and Social Council resolution 1995/57. The United Nations Centre for International Crime Prevention in Vienna shall undertake its sixth survey by questionnaire of Governments, intergovernmental organizations and non-governmental organizations. On this basis a revised version of the report shall be submitted in January 2001. This report will include information concerning the number of executions of juveniles.
The Subcommission has before it a report by the Secretary-General on the status of withdrawals and reservations with respect to International Covenants on Human Rights (E/CN.4/Sub.2/2000/7). The report focuses on the status of reservations, declarations, understandings, and communications received with respect to international treaties on human rights and the communications received concerning withdrawals.
There is also under this agenda item a letter from the Charge d'affaires of the Permanent Mission of the Federal Republic of Yugoslavia to the United Nations Office at Geneva (E/CN.4/Sub.2/2000/35), and addressed to the Subcommission Chairperson on the first anniversary of "the cessation of the NATO aggression against the Federal Republic of Yugoslavia" and containing a Government statement summarizing a memorandum on the subject sent to the Security Council; and a second letter from the Charge d'affaires (E/CN.4/Sub.2/2000/36) containing the actual text of the memorandum. The text focuses on the failure of the international mission under the auspices of the United Nations in Kosovo and Methija, the systematic violation of the sovereignty and territorial integrity of the Former Republic of Yugoslavia and the mandate of the Security Council of the United Nations, the massive violations of human rights, the responsibility of the Security Council and the demands of the Government of the Former Republic of Yugoslavia.
The Subcommission also has before it a note by the Secretary-General on the situation of human rights in Togo (E/CN.4/Sub.2/2000/8) reporting that in September 1999 the Secretary-General, the United Nations High Commissioner for Human Rights and the Secretary-General of the Organization of African Unity began consultations among themselves and with the Government of Togo regarding the composition, organization, establishment and functioning of the international commission of inquiry. In June 2000 the Secretary-General of the Organization of African Unity and the Secretary-General of the United Nations announced the establishment of the International Commission of Inquiry for Togo and the first meeting will be held from 31 July to 4 August 2000.
The Subcommission had before it a letter from the Charge d'affaires of the Permanent Mission of the Federal Republic of Yugoslavia (E/CN.4/Sub.2/2000/38) consisting of a list of persons killed in terrorist actions by Albanian separatists in the Autonomous Province of Kosovo and Methija in the period from 10 June 1999 to 30 June 2000.
The Subcommission had before it a letter from the Charge d'affaires of the Permanent Mission of the Federal Republic of Yugoslavia (E/CN.4/Sub.2/2000/39) containing a statement by the Ministry of Justice and Ministry of Finance of the Republic of Serbia concerning real estate in the Serbian Province of Kosovo and Methija.
Statements
ELINI PETROVLA, of the International Federation of Human Rights, spoke on the systematic violations of human rights in Congo-Brazzaville, Tunisia, Algeria and Chechnya. The organization had been mandated to carry out missions of investigations and concluded that in Congo-Brazzaville the justice system was not offering sufficient protection of basic human rights. The Government of Congo was called upon to live up to promises it had made and to establish a sense of stability in the country through the setting up of democratic institutions and ensuring that victims of the war were compensated for the numerous human rights violations. In Algeria, the rehabilitation of victims of the conflicts was still needed. In Tunisia, work was necessary to ensure the freedom of the press and the independence of the judiciary. The politics of persecution targeting human rights defenders had to end. In Chechnya, there were systematic violations of the human rights of the civilian population. The Subcommission was urged to call upon the above mentioned governments to promote and respect human rights.
ABDALLAH SHARA FEDDINE, of the International Organization for the Elimination of All Forms of Racial Discrimination, said the organization was devastated by the behaviour of certain people who could be termed "insane". How could the Israeli law of return allow free movement to Palestine to Jews but limit access to others; non-Jews could not even go there to recover their possessions. The law was discriminatory. Another example was the action of the United States to continue the unfair embargo against Iraq; it was a nightmare, a policy of hatred, that caused immense suffering to an age-old people.
Public opinion should accept that thousands were being driven from their homes and prevented from returning under the law of return enacted in Israel. Resolutions and decisions by human-rights bodies, meanwhile, did not change the discriminatory activities of the United States in relation to the embargo. The embargo had horrible effects on thousands of children. This injustice had to be rectified. Why were more people not moved by the situation of thousands of Iraqi women and children who died every day for lack of medicine and food as a result of the embargo?
AFRIDAL DARMI, of the Netherlands Organization for International Development Cooperation, said Indonesia had seen unprecedented communal violence in the Moluccas and most recently in central Sulawesi, while violations by the military continued to take place on a large scale in Aceh and West Papua. In Aceh, despite a recent humanitarian pause, there had been arbitrary detentions, extra-judicial killings, torture, disappearances, and rape; the high level of communal violence in the Moluccas continued despite a state of emergency; more than 3,000 had been killed since 1999 and half a million had been displaced. The Indonesian Government had committed itself to bringing violators to justice, but in practice impunity prevailed. In Aceh, only one case involving a number of perpetrators had been brought to court, and it was a military court. The commanding officers remained untouched.
Establishment of rule of law and an end to impunity were among the highest priorities, and the Indonesian Government should start seriously to investigate and prosecute human-rights violations. The international community should continue to monitor the process of justice involving massive violations in East Timor to make sure Indonesia kept its promises.
HALIMA EMBAREK WARZAZI, Subcommission Expert, said it was unthinkable to discuss human rights in the world without recognizing that the violation of those rights was increasing in the world. It was necessary to respect and implement effective protection of human rights. This implementation was necessary even in countries which had previously been seen as champions of human rights. Ms. Warzazi expressed concern as to the lack of serious studies on the underlying causes of the violations of human rights across the world. Victims of human rights violations were condemned to a dramatic fate across the world and particular mention was made of the humiliating suffering of the Palestinian people.
The last United Nations Development Programme report focused on human rights and established that they were not a luxury to be enjoyed by rich countries alone, but were necessary for development and developing countries. While not being tortured was a right, people also had the right not to die of hunger. Nelson Mandela had in a recent article accused London and Washington of causing global disorder. Globalization had caused a great deal of damage in the world, the rich got richer and the poor became innumerable. In the present global situation the cost of globalization far surpassed the advantages for developing countries. Ms. Warzazi raised concern about the criticism of the human rights records of developing countries by the champions of human rights. There had been significant improvement in human right in developing countries. In order for this process to continue, aid, assistance and good examples were required, not criticism. There had to be an in-depth reform of the international system through which greed, exploitation and intolerance could be eliminated. Non-Governmental Organizations had an important role to play in this field. The refusal of NGOs to become institutionalized was commended and they should be supported as they struggled to protect human rights.
PAULO SERGIO PINHEIRO, Subcommission Expert, said last year's summary records devoted 52 pages to the discussion under item 2. The working group on rationalization of the Subcommission's work should take into account that a real follow up should be made of decisions made on rationalization of work.
Mexico was to be congratulated on the fine demonstration of transfer to democratic power that had recently been carried out; Congo-Brazzaville had been asked by the Subcommission to report on various human-rights matters, and it was good to hear that a very comprehensive report on the human rights situation in that country had been submitted by the Secretary-General. Similarly, the Government of Togo had agreed with the Secretary-Generals of the UN and the Organization of African Unity to establish a commission of inquiry into the situation there. Indonesian authorities were encouraged to continue resolution of human-rights problems in their country, and to work further with relevant Special Rapporteurs. Mr. Pinheiro said he was glad a report had been submitted to the Commission on Human Rights on matters related to the protection of human-rights defenders; he also was glad of further activities to abolish the death penalty, especially for persons whose crimes were committed when they were under 18 years of age.
MAHAMAT HASSAN ABAKAR, Chairman of the Commission of Inquiry into the situation in Togo, said that on 7 June, the Secretary-Generals of the United Nations and the Organization of African Unity had announced the formation of a commission to inquire into allegations of extra-judicial executions in Togo and into Government denial of those allegations. The Commission had three members; the first meeting had begun on 31 July; the meeting would last through 4 August; practical conditions for undertaking the investigation would be developed, and the investigation itself would begin around 10 September. He asked for the Subcommission's support.
EL-HADJI GUISSE, Subcommission Expert, said many areas of tension had appeared across the world, particularly in developing countries. These were tensions which had arisen in a context of survival, as the world's massive destruction capacity increased. Peace had become an empty word, particularly in Africa. The proliferation of arms was partly responsible for the instability. Was it a coincidence that 85 per cent of the arms circulating in Africa were produced by the five permanent members of the Security Council? Regulations had to be established regarding the production, use and trade of weapons. It was important to enhance international and domestic peace based on the respect of human rights for all people.
Today justice, freedom and equality were absent for the people of Zimbabwe. The black population had been deprived of the land. The international community had taken action to end apartheid and promises had been made to redistribute assets from which the people had been deprived. A redistribution of land was taking place, a redistribution people had been demanding for twenty years. The white farmers were not asked to return all the land, but to respect the process of redistribution. It was necessary to address issues which threatened to set alight all of Africa. A prompt solution was needed. Another concern was the ease with which violations of human rights could be committed. The responsibility of the international community had been recognized for what had happened in Rwanda and Burundi, but victims had in no way been compensated. Were these merely statements without sequel? Unfortunately, it had become too easy for authors and perpetrators of crimes to continue their practices with no fear of consequences.
YOZO YAKOTA, Subcommission Expert, said the duties of States in relation to human-rights violations had to be discussed; the century just past had seen immeasurable suffering as a result of wars and conflicts brought largely by the powerful countries of the world which had sought to enlarge their territories. But through creation the of the United Nations and the international human-rights movement, the climate had begun to change. The new century would have to be a world in which life, health and well-being were the central concern -- not national aggrandizement. States would not cease to exist, but their functions would change; they would be the means or instruments for ensuring peaceful, happy and healthy lives for all.
States had five duties in relation to human rights: prevention, respect, protection, sanction or punishment, and remedy. Prevention had to be expanded, as it was very important; human-rights education for police, soldiers, and Government officials, and establishment of the rule of law were vital steps. States, of course, had to respect human rights for all, without discrimination. Protection meant taking effective measures to help citizens, and that included steps to halt violations by non-State actors and by such entities as transnational corporations. Inaction in such cases was not excusable. States, similarly, were responsible for bringing perpetrators to justice -- inaction was not acceptable. Remedies had to be provided as well; compensation was required for victims, along with medical and financial help, to reduce suffering. If States did not fulfil these obligations, they would lose their source of legitimacy, which resided in the empowered peoples of the world.
LAZARO PARY, of the Indian Movement Tupaj Amaru, said that Serbia and Iraq were suffering. The wounds of the Serbian people had not healed since the attack by the North Atlantic Treaty Organization. The western powers had created a protectorate in the region similar to those of past world wars. The civilian infrastructure had been destroyed and the bombings of the refugee caravans, the Serbian television and the Chinese embassy bombings had been deliberate. These bombings had caused the exodus of refugees causing a genuine humanitarian disaster. The use and abuse of depleted uranium attempting to kill people was also condemned and the authors of these crimes should be tried and punished. The inhuman embargo in Iraq was dramatic and affected the entire country. Iraq had been mutilated and was on the verge of social destruction through absence of food, medicine and the deliberate targeting of the infrastructure. The Subcommission was urged to call upon Governments to lift the embargoes against Iraq, Cuba and North Korea.
MARCELINO DIAZ DE JESUS , of the International Indian Treaty Council, said that in Mexico, serious violations continued, in particular against indigenous peoples; justice still had not been done for 17 persons massacred in 1995, or for others massacred in 1997; there had been no clarification of yet another massacre of 11 people in 1998. Hundreds of indigenous people were rotting in prisons; others had disappeared; indigenous women had been sterilized against their will and were still awaiting justice for this awful offense. The Government must answer for these crimes.
Some indigenous people were working in veritable concentration camps for agriculture, or were made to work with dangerous materials; the situation amounted to forced labour or contemporary slavery. There were no trade unions to protect them; private guards punished those who protested. The San Andreas agreements signed in 1996 by the Government had not been implemented, meanwhile, and thus the indigenous people had yet to benefit from them. The Subcommission must pressure Mexican authorities to remedy State offenses against indigenous peoples and to compensate and rehabilitate the victims.
PRADHIR TALUKDER, the Asian Buddhist Conference for Peace, said that despite substantial progress in achieving the rights of indigenous people to some extent, the overall situation was far from what was expected within the long period of the International Decade of the World's Indigenous Peoples. A number of peace initiatives had failed because of the attitude of governments which had used peace processes as a means of swindling. This had resulted in conspiracy and chaos. The Chittagong Hill Tracts Peace Agreement in Bangladesh was of particular concern. Unfortunately, 23 Jana Samhati Samiti members had been killed and more that 100 had been kidnapped by the sponsored anti-Agreement group since the decommissioning of the JSS. The presence of thousands of security forces and 400,000 settlers was still a considerable threat to the regional administration and communal harmony. The agreement had been violated and its spirit had faded out. The Government of Bangladesh was called upon to act and the concerned international bodies were reminded of their responsibility in keeping a lasting peace.
PEDRO J. VARELA, of the American Association of Jurists, said that for 60 years, the United States Navy had occupied the small island of Isla de Vieques of Puerto Rico, had bombed it and used it for military tests, and had reduced the population there to poverty and ill-health as a result of toxic materials used during war exercises; the environmental situation also was very serious. There were high rates of cancer and child mortality. Pollution with toxic materials was a violation of international law, and the right to self-determination of Puerto Ricans was violated, since these activities of the U.S. Navy deprived Puerto Ricans of their natural resources. The situation was one of colonialism.
Various protests had been carried out on the island, and the U.S. had arrested and removed those who held demonstrations against continued weapons testing on the island; many were still awaiting trial and were in detention simply for trying to establish peace on the island. The Subcommission should recommend that the Special Rapporteur on toxic wastes visit the Isla de Vieques.
MALIK OZDEN, of the Europe Third World Centre, said that human rights violations were occurring in Turkey with the closing of associations and news papers, arbitrary arrests, torture and repression. Members of the pro-Kurds party were targeted as well as newspapers, Kurdish mayors and students. Three Kurdish mayors had been arrested and were released a week later after having been tortured. They were now accused of having links with the PKK and were therefore facing 7 years of imprisonment charges. These decisions were constantly justified, but amounted to human rights violations. The treatment of prisoners was appalling and there had been instances of prisoners being deprived of air and food and exposed to torture. Following surveys in female prisons, it had come to light that 85 percent of female detainees had been victims of sexual abuse. The European Parliament had expressed its objections to Turkey's human rights violations in a resolution thirteen years ago. There had been no change since then. The Subcommission was called upon to act against the human rights violations committed by the Turkish Government.
JOSE BENGOA, Subcommission Expert, said that in Latin America, the human-rights situation was deteriorating rapidly. Following the former dictatorships in the region, there remained the matter of justice and impunity for massive human-rights violations committed which had huge ramifications for the present and future. The international community must remain alert and watch closely what was happening. There also were situations of widespread violence in some Latin American countries -- Colombia, for example -- where ordinary protections simply were not effective. Establishing an office of the High Commissioner for Human Rights in the field, for example, had been discussed at the Subcommission and it had been felt that the step would be more useful than visits by Special Rapporteurs, and that Governments would cooperate. Now perhaps the matter should be reassessed, along with assessment of the effectiveness of other frequently used human-rights mechanisms. International pressure needed to arise not only from powerful countries, as complex baggage could come with it; the risks of intervention by the powerful nations were great.
Democratization and globalization also had to be discussed. The trend had been lauded, and prosperity expected in Latin America, but the reality had proved to be more complex. The situation in Mexico had given rise to hope, and the performance of the new Government there should be watched carefully; it was hoped that this new administration would resolve the long-running problems in Chiapas and would demilitarize indigenous regions. In Peru, there were concerns over the electoral process; thousands of Peruvians had had to leave the country. Reference should be made by the Subcommission to concern over the future of democracy in Peru, where the transparency of democracy had been called into question. Low-intensity violations could not be ignored; they were telling; and a mechanism was needed to allow the Subcommission to peruse them more effectively.
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