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05 April 2000
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Commission on Human Rights
56th session
5 April 2000
Evening
The Commission on Human Rights carried on this evening with debate under its agenda item on civil and political rights, which includes such topics as torture and detention, disappearances, summary executions, freedom of expression, administration of justice, independence of the judiciary, religious intolerance, states of emergency, and conscientious objection to military service. A series of national representatives described Government efforts to protect human rights in these categories while numerous non-governmental organizations (NGOs) pleaded for greater attention to such matters as inherent police and judicial bias against women, children, and homosexuals; the fates of missing persons; and reform of court and detention practices in various countries.
Questions of religious intolerance drew frequent comment. A representative of the United Nations Educational, Scientific and Cultural Organization (UNESCO) described programmes to establish a "culture of peace" and said inter-religious dialogue and the teaching of mutual respect and tolerance were important in regions where conflicts were of a religious nature. The Libyan Arab Jamahiriya said Islam was too often portrayed by Western countries and the Western media as fostering intolerance and terrorism. A short while after those remarks, the International Association for Religious Freedom charged that Islamic States such as Afghanistan, Sudan, Mauritania and Saudi Arabia maintained religious laws which were intolerant, against human rights and misrepresented Islam.
A representative of Bosnia and Herzegovina said at the current rate of progress, another 20 years and US$40 million would be required to exhume and identify all disappeared persons following the Bosnian war, and said greater international support was needed to complete the process. A spokesperson for the International Movement for Fraternal Union among Races and Peoples said the new Argentine Government had not taken sufficient action to help shed light on the fates of disappeared persons in Argentina, where, during a previous period of State terrorism, some 30,000 had gone missing.
Singapore questioned the validity of the right to conscientious objection, saying the Commission had limited time and more important subjects to consider, while the NGO War Resisters International said the right was not being sufficiently honoured in several Latin American countries.
The International Rehabilitation Council for Torture Victims said more had to be done to rehabilitate and compensate persons exposed to such ill-treatment, and that perpetrators had to be tried and punished -- that for victims, justice was healing.
And a representative of the World Organization against Torture charged that since the last session of the Commission at least 12 Sudanese prisoners had been sent to have their left arms amputated -- a form of punishment that was completely unacceptable.
Representatives of Honduras, Singapore, Georgia, Egypt, Belarus, the Netherlands, Bosnia and Herzegovina, UNESCO, Kuwait, and the Libyan Arab Jamahiriya spoke during the evening meeting, as did officials of the following NGOs: World Organization against Torture; Amnesty International; Association of World Citizens; International Association of Religious Freedom; War Resisters International; Arab Organization for Human Rights; International Rehabilitation Council for Victims of Torture; Human Rights Watch; International Association for the Defense of Religious Liberty; International Federation of Journalists; International Movement for Fraternal Union among Races and Peoples; International Save the Children Alliance; World Federation of United Nations Associations; International Federation of Human Rights Leagues; International Association of Democratic Lawyers; Asian Legal Resource Centre; Article XIX; World Evangelical Fellowship; International Council of Associations for Peace in the Continents; Asian Cultural Forum for Development; and Friends World Committee for Consultation.
A representative of Bahrain spoke in exercise of the right of reply.
The Commission will reconvene at 10 a.m. Thursday, 6 April.
Statements
GRACIBEL BU FIGUEROA (Honduras) said Honduras had undertaken improvements to its judicial system. A Government priority was the implementation of policies aimed at protecting human rights. National legislation had been enacted which authorized the Public Prosecutor to investigate cases of arbitrary detention and to monitor prisons and penitentiaries with a view to securing citizens' rights. Honduras had also adopted the Inter-American Convention on the eradication of violence against women.
The National Commission on Human Rights had been made responsible for monitoring respect for the fundamental freedoms enshrined in the Constitution as well as in international instruments ratified by Honduras. Particular attention was paid to the Universal Declaration of Human Rights. Another important achievement in recent years had been the creation of a civil national police. The administration of justice was being modernized so as to meet the new requirements of a demilitarized civil society based on respect for human rights.
MARGARET LIANG (Singapore) questioned why Finland had submitted a draft resolution on conscientious objection to military service. Singapore understood that the resolution called upon States to review their current laws on conscientious objection to military service and to further analyze this issue. The resolution appeared to be in response to a proposal by an NGO, Friends World Committee for Consultation (Quakers). Singapore felt that national defence was a fundamental sovereign right under international law. The right to preserve national security had to prevail. Military service was a collective responsibility of citizens.
Since the Commission also was discussing how to rationalize its work and mandate, the Finish delegation was overloading the Commission with issues which were clearly within the jurisdiction of each State. Each State had the right to have its own system. This was not a human-rights violation and did not deserve serious attention by the Commission. Singapore also questioned the opinion of another supporter of the resolution, War Resisters International, which claimed that armies were the first cause of war.
ALEXANDER KAVSADZE (Georgia) said the country had elaborated of one of the first conventions against torture, under which mechanisms were created to protect against such ill-treatment in Georgia. Overview of these efforts was carried out by the Ministries of Justice and the Interior.
Although torture had existed for a long time, the Second World War had shown the cruelty of which human beings were capable and had awakened the conscience of all. Georgia supported the elaboration of the optional protocol to the Convention against Torture. However, the mechanism for application of the provisions had to be strengthened. It was essential that a representative of the Committee against Torture visit places of detention and interrogate all those detained without interference.
AMIR HAREZ (Egypt) said protection of human rights at the national level could be achieved through the promulgation of laws, a democratic environment, education, awareness raising, and full political participation. The legislative bodies of Egypt spared no efforts in bringing laws into line with human-rights principles.
It was important to combat terrorism to ensure the fulfilment of human rights. The Commission should transcend its verbal condemnation of terrorism. Terrorism had become one of the main challenges facing the international community. International cooperation was needed to eradicate the scourge of terrorism. Cooperation could be fruitful, however, only if all countries participated in the effort and implemented all international agreements to that effect. All acts of terrorism had to be addressed equally, regardless of the nationality of the perpetrators of the crimes. A worrying trend was the recourse to political asylum as a means of protecting terrorists. It was therefore essential that the status of political refugees should not violate international law.
STENISLAV OGURTSOV (Belarus) said Belarus appreciated the international community's struggle to ensure human rights and recognized that this was a difficult period in history. Of the States existing on the territory of the former USSR, Belarus was one of the few where there had been no bloodshed whatsoever; peace and harmony ruled. There was no torture or any inhuman treatment possible in Belarus. Improving legislation on the media had been a recent focus and steps to that end had followed international standards. All political parties could have access to media during parliamentary elections. Independence of the judiciary was a fundamental element of the legal system of Belarus. A new criminal procedural code had been adopted based on European and United Nations standards.
The delegation of Belarus was proud of the democratic nature of the upcoming parliamentary elections, for which an electoral code had been adopted and prepared in cooperation with EU organizations. The right to free assembly was recognized as long as law and order were not violated.
SANDER COHEN (the Netherlands) expressed concern over the number of deplorable conditions to which detainees were subject in many countries. As witnessed by the report of the International Committee of the Red Cross, the situation of detainees in many countries was intolerable.
The practice of torture and other degrading or inhuman treatment against detainees should be condemned. International mechanisms intended for the prevention of torture, including the Convention against Torture, had to be implemented by all States.
NEDSAD HADZIMUSIC (Bosnia and Herzegovina) said that often the end of the war, Bosnia and Herzegovina had begun investigations into disappeared persons. This complex task could not be achieved without the aid of the international community. The results achieved over the past five years, though important, were far from satisfactory, given the number of cases remaining. Some 10,365 people had been exhumed so far, of whom only 50 per cent had been identified. According to the Red Cross, there were an additional 20,000 cases of disappearances, whereas according to the Government of Bosnia and Herzegovina there were 30,000 such cases.
Information from the International Commission on Disappeared Persons suggested that at the current rate of work, another 20 years and US$40 million would be required to exhume and identify all disappeared persons.
ANNAR GASSAM, of United Nations Educational, Scientific and Cultural Organization (UNESCO), said there was territorial, ethnic and religious rivalry in the world. This stemmed from the closing in of one religion on another, or from ignorance, distorted memories, or prejudice. Improvements in such attitudes could be realized through education and cultural and religious exchanges. The political question had taken centre stage for too long, to the detriment of ethical and moral values. Many conflicts stemmed from misunderstandings between religions; therefore awareness needed to be raised. Materialism had also taken centre stage for too long. There was a clear search around the world for spiritual values.
"Culture of peace" programmes had been prepared, such as the "roads of faith" project, which provided a modern framework for dialogue and showed, using the example of the Medieval period of Spain, that co-existence of the three monotheistic religions was possible. Such programmes also focused on Islam in Europe. Teaching was of pivotal importance. UNESCO promoted inter-religious dialogue, mutual respect and provided school books on such issues, particularly where conflicts were of a religious nature. UNESCO reminded the Commission that 2001 would be the UN Year for dialogue between nations.
AISHA AL-ADSANI (Kuwait) said acts of hostage-taking, in their different forms and aspects, were offenses of serious concern to the international community. With the support of Kuwait, the Commission had condemned all acts of hostage-taking and had affirmed that hostage-taking constituted an illegal act that undermined human rights. Such acts could not in any way be justified and their perpetrators should be brought to justice.
It was high time that the international community shed light and seriously focused on the crime of hostage-taking during armed conflicts in order to preserve the rights of hostages as stipulated in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. It should sanction all who committed such acts, States and individuals alike. The matter called for resolute, firm and concerted efforts from the international community in order to put an end to such offensive practices committed in time of war.
SAID HAFIANA (Libyan Arab Jamahiriya) said that in the context of globalization, which was based on an ideology of power and domination, Islam was increasingly vilified. Polarization of the world was possible only if one presupposed the existence of an enemy. In the Cold War era the enemy had been communism; now it was Islam. Islam had been accused of terrorism and intolerance. This view of Islam, which was a religion of tolerance and respect for the other, was instilled and imposed by the Western media, research and films.
The West should remember, however, that its civilization was the product of the Islamic mind. For example, algebra was invented by the Arabs and Arabs were the first professors in Europe's oldest universities.
JULIA DOUBLE, of the World Organization against Torture, said that since the last session at least 12 Sudanese prisoners had been sent to have their left arms amputated. The organization deplored the use of amputation as punishment -- it was a criminal offense and not compatible with the International Covenant of Civil and Political Rights. The organization therefore welcomed the agreement in recent days to appoint a UN human-rights monitor for Sudan. An Israeli Supreme Court decision had found interrogation methods of the General Security Service illegal and contrary to Israeli Basic Law. However, the organization questioned the lack of compensation, the impunity given to those responsible and the fact that the sanctioning of physical pressure still remained to be decided by the legislature.
Human-rights violations in Bahrain should be condemned, particularly policies of maximum administrative detention for up to three years without charge or trial. Peruvian legislation recently adopted was welcomed, but concern was raised as to Peru's withdrawal from the Inter-American Court. Governments were called upon to support all efforts to achieve the system of prevention of torture which was to be established by the draft optional protocol to the Convention against Torture.
MARTIN MACPHERSON, of Amnesty International, said that for more than ten years, the organization had sent letters to the Government of Saudi Arabia but had received no satisfactory replies to its requests for information and clarification on reported violations of human rights. Amnesty International also had been denied access to the country. In Saudi Arabia, the criminal justice system facilitated police brutality and torture and ill-treatment of persons in custody.
In many cases, criminal suspects were tortured or ill-treated from the moment of their arrest because the criminal justice system relied heavily on confessions obtained by the police to secure convictions in unfair trials. Flogging and amputation were used as punishments stipulated by law after trials which failed to meet international fairness standards. Situations in China and Mexico were also a cause for concern. Torture was practiced in China and extrajudicial execution in Mexico.
RENE WADLOW, of Association of World Citizens, said the Chinese Government's fears of the Falun Gong arose from persistent tensions between the folk ethos and the ruling elite, which considered the spirit of the people and their shamanic-ecstatic energy as breaking through acceptable limits and provoking change and disorder. Indeed, the Government's prolonged attacks on Falun Gong in the press repeatedly used terms such as social stability, public order and endangering society, a clear indication of the Government's persistent fear of disorder. These fears were real.
However, history had taught that repression of spiritual movements only drove their ecstatic energy underground, and it would burst forth at some later time or in other forms. There were new possibilities today in China to integrate the elite and folk traditions, but for this to occur freedom of expression and experimentation were needed. Repression could never be the path.
GIANFRANCO ROSSI, of International Association for Religious Freedom, addressed the problem of religions intolerance. There had been a rise in religious extremism. All religious preached harmony and peace, yet these preachings were sometimes ignored in practice. Unfortunately there were erroneous traditions supported by official representatives of religions and States. It was important to move away from these trends if respect for human rights was to be maintained.
The Minister of Education of Tunisia had been quoted as having said that some traditions ran counter to traditional Islamic laws, and that the Sharia ran counter to some Qu'ranic principles in the treatment of women. Afghanistan was an example of the most inhumane religious regime in the whole world. This regime could destabilize the whole region. Reality showed that a number of Islamic States such as Sudan, Mauritania and Saudi Arabia still maintained religious laws which were intolerant, against human rights and misrepresented Islam.
MICHEL MONOD, of War Resisters International (WRI), drew attention to the situation of conscientious objectors in some Latin American countries, especially during the process of drafting citizens into the army. WRI was in favour of the suppression of the obligations of civil or military service.
In some countries, legislators had included in their Constitutions the right to conscientious objection. However, in Brazil and Ecuador, the right was not recognized. Conscientious objectors were condemned to non-armed service within the army.
MOHAMED SAFA, of Arab Organization of Human Rights, said he came to the Commission to remind the world of the massacres perpetrated by Israel in Lebanese villages -- of the agony of Lebanese hostages in Khiam Detention Camp and Israeli prisons, and of the suffering caused by Israel's bombing of Lebanon. Some 174 hostages were held by Israel, 140 in Khiam Detention Camp and 37 in prisons inside Israel. Israel did not content itself with physical torture but had invented a new style for torturing Lebanese detainees, namely sexual torture, an affliction which had never been witnessed in human history.
The Lebanese resistance was a lawful exercise recognized by international law. Why did the UN not send an investigative committee to Lebanon ? Why did High Commissioner for Human Rights Mary Robinson not pay a visit to the south of Lebanon and Khiam Detention Camp as she had to Chechnya? Why didn't Israel allow international access to Khiam Camp? There had been no serious international action to end the aggression of Israel against Lebanon.
INGE GENEFKE, of the International Rehabilitation Council for Torture Victims, stressed the issue of reparation, rehabilitation, restitution, compensation and satisfaction for the many victims of torture. The organization worked to rehabilitate torture victims and to prevent torture. The Convention against Torture needed to encompass all aspects of torture, including the right to reparations. The after-effects of torture were varied but many. They included fear, guilt, shame, humiliation, physical disability and psychological trauma. There was a trans-generational aspect to torture which resulted in social exclusion, as social interaction depended on a degree of trust which victims of torture often lacked. There was a need for financial and material support, as many victims could no longer provide for themselves or their families.
The organization urged a more holistic approach to reparations and urged States to recognize the effects of torture and to eradicate impunity for those who committed torture. It was well known that justice healed. There was also a need to be aware of the risks those who treated torture victims were taking. Medical expertise was required to recognize torture.
WIDNEY BROWN, of Human Rights Watch, said women, children, gay men, lesbians, bisexual and transgendered persons experienced violence in virtually every country in the world. The violence was exacerbated by the failure of Governments to take seriously their responsibility to prevent violence and to ensure redress for all victims of violence.
The impunity enjoyed by perpetrators of these attacks was a direct result of the pervasive de jure and de facto biases against those segments of societies which pervaded criminal justice systems. So-called "honour killings" and other forms of violence against women were acts which violated women's right to life and security of person.
MAURICE VERFAILLIE, of International Association for the Defense of Religious Liberty, said the practical efforts undertaken by Spain to ensure religious freedom should be commended, as should those of Romania, which had committed itself to the promotion of religious freedom, and of Portugal, which was currently reforming its law on religious freedom with a view to ensuring equal religious rights to all religions on its soil.
Examples of fanaticism should also be highlighted, such as the killing of several hundred people in Uganda. This reality of violence in the name of God warranted concern. In China, the arrest of followers of the Falun Gong religious movement was also disquieting, as was a proposed Bulgarian bill on religious freedom, which, if adopted in its current form, would amount to a flagrant violation of the right to equal treatment before the law since it would accord the Orthodox Church the status of a national church. The tone of debate on religion in the French Parliament was also worrying.
SARAH DE JONG, of the International Federation of Journalists, said there were problems for journalists in many countries in the world. A major obstacle to freedom of the press was the murdering of journalists, impunity for those responsible, and the difficulty of obtaining information about such killings. An estimated 50 journalists were murdered every year. Not all were killed by agents of the State, but States had done very little to solve these murders, granting de facto amnesty to killers.
The organization appealed to the Commission to support a campaign that had been launched to defend independent media and those currently under threat, through a practical programme of solidarity and through lobbying for legal frameworks which would protect journalists. The campaign had been launched as a response to the repression facing journalists in the former Yugoslavia. There were also incidents of concern in the Balkans, Sierra Leone, Colombia, East Timor and Angola. The Commission was called upon to ensure the end of repression of journalists and was urged to support the campaign.
BERHANE RAS WORK, of International Movement for Fraternal Union among Races and Peoples, said her organization had been engaged in the fight to elucidate the fates of disappeared persons in Argentina, where, during the period of State terrorism, 30,000 had disappeared. After 100 days in power, the new Government had been following a general human-rights policy which did not match the requirements of the Movement.
In addition, documents relating to the activities of the military related to what it called "anti-subversion" were still being incinerated by the military. The Government had also ignored international recommendations concerning the prosecution of members of the armed forces accused of human-rights violations.
NATHALIE MANN, of International Save the Children Alliance, said the torture of children remained an unacknowledged issue. Many children died as a result of torture, yet their cases were rarely investigated. Documentation demonstrated that a large number of children were arbitrarily arrested and detained, often in an attempt to bring in a political activist or criminal suspect who was wanted for questioning. Very often there no an independent body to which a child could forward a complaint.
In many States, children were involved in activities commonly associated with the adult world, such as political activism and labour. If arrested or detained in those cases, they were treated as adults, subjected to torture and frequently detained incommunicado. Further, in numerous States, domestic legislation did not treat all children as equals.
L. H. HORACE PERERA, of the World Federation of United Nations Associations, said the Federation had been disappointed with resolution 1999/39 of last year's session of the Commission, introduced by Ireland and sponsored by 63 States. The Federation had been sorry to note that among the 63 sponsors very few were States in which a large majority of the population subscribed to Islam.
There was particular disappointment over the glaring omission in the operative clauses of the resolution of any reference to articles 5.2 and 6(e) of the 1981 UN Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Conviction. Another serious omission was the lack of any reference to paragraph (i) of Article 6 of the 1981 Declaration which was more explicitly stated in the 1992 UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. The Federation hoped to see in the relevant resolution now before the Commission more sponsors and specific references to the rights mentioned.
VO VAN AI, of the International Federation of Human Rights Leagues, said the number of deaths attributed to the armed forces in Algeria was estimated to be 4,000 and the national reconciliation advocated by the authorities would be to the detriment of justice and the truth. In Bahrain, the human-rights situation had remained very grave. Civil and political rights were systematically violated.
In Northern Ireland, the assassination of Rosemary Nelson, member of the Committee for the Administration of Justice, was deplorable. Peru was called on to implement measures to improve its judicial system. In Tunisia, dissident voices were repressed by the Government, which was systematically violating the civil and political rights of citizens. Vietnam was urged to ratify the optional protocol to the International Covenant of Civil and Political Rights and to suspend the application of capital punishment.
PER SOLGI, of International Association of Democratic Lawyers (IADL), said the ruling theocracy in Iran continued to commit and institutionalize severe and systematic violations of civil and political human rights recognized by the Universal Declaration of Human Rights and other relevant international conventions. According to information obtained by IADL, more than 600 people had been executed, including 11 stoned to death, since the new President took office in May 1997. Further, there were increasing reports of public executions in the State's official press.
Consequently, IADL believed that beyond all political calculations, the Commission should firmly condemn these violations through the adoption of a new resolution on Iran.
SANJEEWA LIYANAGE, of the Asian Legal Resource Centre, said many Asian countries faced grave human-rights violations in the form of mass enforced disappearances. This was particularly true in Aceh, East Timor, Punjab, Kashmir and Sri Lanka. Relatives of those who disappeared would suffer for generations to come. It had been predicted that human-rights violations in the form of enforced disappearances would occur in Aceh and West Papua when there was an escalation of political activity in those areas.
In Sri Lanka, no significant action had been taken by the Government to address the issue of over 30,000 disappearances. The psychological wounds would not heal until justice had been served. Sri Lanka's human-rights situation was at an all-time low. The Working Group on Enforced Disappearances' recommendations had not been implemented. From a legal perspective there was no doubt these acts constituted a crime against humanity and a gross human-rights violation. These were not only disappearances but extra-judicial killings and the highest levels of Government were involved. The perpetrators were still free, and no effort had been made to address the issue. The Commission should deal with this matter by establishing an international tribunal.
JAN BAUER, of Article XIX, said that in many countries harsh defamation laws, both criminal and civil in nature, restricted the free flow of information and ideas to the public and prevented criticism of Government or public officials. Criminal defamation laws could not justified as they restricted freedom of expression; reputations could adequately be protected by civil defamation laws; defamation laws which did not protect reputations but instead prevented criticism of Government were illegitimate.
In any case, public figures were required to tolerate a higher degree of criticism than ordinary citizens; and defamation laws should take into account the fact that even the most professional journalists made mistakes in fulfilling their duties to report in a timely manner on matters of public concern.
ELIZABETH BATHA, of World Evangelical Fellowship, said the organization was concerned by the myriad forms of religious intolerance. Legislation limiting religious freedom was widespread in former communist countries. The Russian model requiring registration of groups had been followed in some form by nearly all countries in the region. A prime example was Turkmenistan, where religious groups were required to have a minimum membership of 500 in order to secure registration. In addition, religious groups were required to submit a membership list, which was subsequently used to monitor and harass adherents.
In Laos, 46 people had been detained on charges of believing in Jesus. They were being kept in appalling conditions with inadequate food and water, and without access to toilets. In Pakistan, Christians continued to face lengthy imprisonment and death sentences as a result of the existence of the country's blasphemy law. Saudi Arabia continued to prohibit its citizens from practicing any faith other than Sunni Islam. Over the past year, at least 30 foreign Christians had been arrested, imprisoned and finally deported for being involved in chiefly private Christian activities. In India, fundamentalist intolerance continued to destroy and devastate lives. This had now been complemented at an official level by legislation introduced by a number of States with the clear intention of limiting religion freedom. In Turkey, the many minority religious groups had few legal safeguards.
VICTORIA RUIZ LABRIT, of the International Council of Associations for Peace in the Continents, said she had been one of the activists detained for asking for democracy in Cuba. She had undergone the torture that was inflicted on human-rights activists in Cuba. The psychological torture was such that one was made to feel so alone that the only solution was suicide. Examples of torture inflicted in Cuba were denial of medication, arbitrary detention -- often repeated and over long periods -- multiple detention and removal of identity papers.
The Cuban Government had passed a law on national independence which called for penalties of up to 20 years' imprisonment for anyone who submitted information on Cuba outside the country. The press was restricted, and detentions, prison sentences and arbitrary judgements behind closed doors were commonplace. Democracy was democracy for everyone, and sovereignty began with the sovereignty of the individual.
NURAL ANWAR, of the Asian Cultural Forum on Development, said that as a daughter of the former Deputy Prime Minister and Minister of Finance of Malaysia, Anwar Ibrahim, she wished to tell the Commission that her father had been arrested as an act of provocation, an insult to human dignity and common sense.
Her father was a political prisoner. He was being kept in solitary confinement and family visits were severely restricted. She appealed to the Commission to help secure the release of her father.
JONATHAN HEPBURN, of Friends World Committee for Consultation, said it was important to recall that the principled stand of those, who, as a matter of conscience, refuse to take up arms to kill their fellow human beings had been recognized by the United Nations as a legitimate exercise of the right to freedom of thought, conscience and religion. For more than 300 years, Quakers had refused to participate in war, believing it was wrong to kill or to train people to kill. It was on these grounds that Quakers claimed the right to conscientious objection to military service for all who shared their pacifist beliefs.
Many conscientious objectors were still not recognized as such. They continued to be imprisoned and subjected to repeated call-ups. Others were harassed, ill-treated and discriminated against. States were urged to review their laws and practices. In particular they were urged to provide for the right of conscientious objection to military service as a legitimate expression of freedom of thought, conscience and religion.
Right of reply
A representative of Bahrain, speaking in right of reply, said the Government of Bahrain's position on the allegations made against it was that they all stemmed from identifiable groups based outside Bahrain and with no genuine interest in the country. This was an attempt to use the Commission to promote their agenda under the guise of human-rights discussions. It was significant to note the establishment of a human-rights committee at the Shura (Consultative) Council established in accordance with United Nations principles. The committee had a wide-ranging mandate to investigate human-rights violations in Bahrain. It was hoped that any alleged issues would be brought before the committee for resolution rather than exploited as propaganda before international human-right bodies.
* *** *
56th session
5 April 2000
Evening
The Commission on Human Rights carried on this evening with debate under its agenda item on civil and political rights, which includes such topics as torture and detention, disappearances, summary executions, freedom of expression, administration of justice, independence of the judiciary, religious intolerance, states of emergency, and conscientious objection to military service. A series of national representatives described Government efforts to protect human rights in these categories while numerous non-governmental organizations (NGOs) pleaded for greater attention to such matters as inherent police and judicial bias against women, children, and homosexuals; the fates of missing persons; and reform of court and detention practices in various countries.
Questions of religious intolerance drew frequent comment. A representative of the United Nations Educational, Scientific and Cultural Organization (UNESCO) described programmes to establish a "culture of peace" and said inter-religious dialogue and the teaching of mutual respect and tolerance were important in regions where conflicts were of a religious nature. The Libyan Arab Jamahiriya said Islam was too often portrayed by Western countries and the Western media as fostering intolerance and terrorism. A short while after those remarks, the International Association for Religious Freedom charged that Islamic States such as Afghanistan, Sudan, Mauritania and Saudi Arabia maintained religious laws which were intolerant, against human rights and misrepresented Islam.
A representative of Bosnia and Herzegovina said at the current rate of progress, another 20 years and US$40 million would be required to exhume and identify all disappeared persons following the Bosnian war, and said greater international support was needed to complete the process. A spokesperson for the International Movement for Fraternal Union among Races and Peoples said the new Argentine Government had not taken sufficient action to help shed light on the fates of disappeared persons in Argentina, where, during a previous period of State terrorism, some 30,000 had gone missing.
Singapore questioned the validity of the right to conscientious objection, saying the Commission had limited time and more important subjects to consider, while the NGO War Resisters International said the right was not being sufficiently honoured in several Latin American countries.
The International Rehabilitation Council for Torture Victims said more had to be done to rehabilitate and compensate persons exposed to such ill-treatment, and that perpetrators had to be tried and punished -- that for victims, justice was healing.
And a representative of the World Organization against Torture charged that since the last session of the Commission at least 12 Sudanese prisoners had been sent to have their left arms amputated -- a form of punishment that was completely unacceptable.
Representatives of Honduras, Singapore, Georgia, Egypt, Belarus, the Netherlands, Bosnia and Herzegovina, UNESCO, Kuwait, and the Libyan Arab Jamahiriya spoke during the evening meeting, as did officials of the following NGOs: World Organization against Torture; Amnesty International; Association of World Citizens; International Association of Religious Freedom; War Resisters International; Arab Organization for Human Rights; International Rehabilitation Council for Victims of Torture; Human Rights Watch; International Association for the Defense of Religious Liberty; International Federation of Journalists; International Movement for Fraternal Union among Races and Peoples; International Save the Children Alliance; World Federation of United Nations Associations; International Federation of Human Rights Leagues; International Association of Democratic Lawyers; Asian Legal Resource Centre; Article XIX; World Evangelical Fellowship; International Council of Associations for Peace in the Continents; Asian Cultural Forum for Development; and Friends World Committee for Consultation.
A representative of Bahrain spoke in exercise of the right of reply.
The Commission will reconvene at 10 a.m. Thursday, 6 April.
Statements
GRACIBEL BU FIGUEROA (Honduras) said Honduras had undertaken improvements to its judicial system. A Government priority was the implementation of policies aimed at protecting human rights. National legislation had been enacted which authorized the Public Prosecutor to investigate cases of arbitrary detention and to monitor prisons and penitentiaries with a view to securing citizens' rights. Honduras had also adopted the Inter-American Convention on the eradication of violence against women.
The National Commission on Human Rights had been made responsible for monitoring respect for the fundamental freedoms enshrined in the Constitution as well as in international instruments ratified by Honduras. Particular attention was paid to the Universal Declaration of Human Rights. Another important achievement in recent years had been the creation of a civil national police. The administration of justice was being modernized so as to meet the new requirements of a demilitarized civil society based on respect for human rights.
MARGARET LIANG (Singapore) questioned why Finland had submitted a draft resolution on conscientious objection to military service. Singapore understood that the resolution called upon States to review their current laws on conscientious objection to military service and to further analyze this issue. The resolution appeared to be in response to a proposal by an NGO, Friends World Committee for Consultation (Quakers). Singapore felt that national defence was a fundamental sovereign right under international law. The right to preserve national security had to prevail. Military service was a collective responsibility of citizens.
Since the Commission also was discussing how to rationalize its work and mandate, the Finish delegation was overloading the Commission with issues which were clearly within the jurisdiction of each State. Each State had the right to have its own system. This was not a human-rights violation and did not deserve serious attention by the Commission. Singapore also questioned the opinion of another supporter of the resolution, War Resisters International, which claimed that armies were the first cause of war.
ALEXANDER KAVSADZE (Georgia) said the country had elaborated of one of the first conventions against torture, under which mechanisms were created to protect against such ill-treatment in Georgia. Overview of these efforts was carried out by the Ministries of Justice and the Interior.
Although torture had existed for a long time, the Second World War had shown the cruelty of which human beings were capable and had awakened the conscience of all. Georgia supported the elaboration of the optional protocol to the Convention against Torture. However, the mechanism for application of the provisions had to be strengthened. It was essential that a representative of the Committee against Torture visit places of detention and interrogate all those detained without interference.
AMIR HAREZ (Egypt) said protection of human rights at the national level could be achieved through the promulgation of laws, a democratic environment, education, awareness raising, and full political participation. The legislative bodies of Egypt spared no efforts in bringing laws into line with human-rights principles.
It was important to combat terrorism to ensure the fulfilment of human rights. The Commission should transcend its verbal condemnation of terrorism. Terrorism had become one of the main challenges facing the international community. International cooperation was needed to eradicate the scourge of terrorism. Cooperation could be fruitful, however, only if all countries participated in the effort and implemented all international agreements to that effect. All acts of terrorism had to be addressed equally, regardless of the nationality of the perpetrators of the crimes. A worrying trend was the recourse to political asylum as a means of protecting terrorists. It was therefore essential that the status of political refugees should not violate international law.
STENISLAV OGURTSOV (Belarus) said Belarus appreciated the international community's struggle to ensure human rights and recognized that this was a difficult period in history. Of the States existing on the territory of the former USSR, Belarus was one of the few where there had been no bloodshed whatsoever; peace and harmony ruled. There was no torture or any inhuman treatment possible in Belarus. Improving legislation on the media had been a recent focus and steps to that end had followed international standards. All political parties could have access to media during parliamentary elections. Independence of the judiciary was a fundamental element of the legal system of Belarus. A new criminal procedural code had been adopted based on European and United Nations standards.
The delegation of Belarus was proud of the democratic nature of the upcoming parliamentary elections, for which an electoral code had been adopted and prepared in cooperation with EU organizations. The right to free assembly was recognized as long as law and order were not violated.
SANDER COHEN (the Netherlands) expressed concern over the number of deplorable conditions to which detainees were subject in many countries. As witnessed by the report of the International Committee of the Red Cross, the situation of detainees in many countries was intolerable.
The practice of torture and other degrading or inhuman treatment against detainees should be condemned. International mechanisms intended for the prevention of torture, including the Convention against Torture, had to be implemented by all States.
NEDSAD HADZIMUSIC (Bosnia and Herzegovina) said that often the end of the war, Bosnia and Herzegovina had begun investigations into disappeared persons. This complex task could not be achieved without the aid of the international community. The results achieved over the past five years, though important, were far from satisfactory, given the number of cases remaining. Some 10,365 people had been exhumed so far, of whom only 50 per cent had been identified. According to the Red Cross, there were an additional 20,000 cases of disappearances, whereas according to the Government of Bosnia and Herzegovina there were 30,000 such cases.
Information from the International Commission on Disappeared Persons suggested that at the current rate of work, another 20 years and US$40 million would be required to exhume and identify all disappeared persons.
ANNAR GASSAM, of United Nations Educational, Scientific and Cultural Organization (UNESCO), said there was territorial, ethnic and religious rivalry in the world. This stemmed from the closing in of one religion on another, or from ignorance, distorted memories, or prejudice. Improvements in such attitudes could be realized through education and cultural and religious exchanges. The political question had taken centre stage for too long, to the detriment of ethical and moral values. Many conflicts stemmed from misunderstandings between religions; therefore awareness needed to be raised. Materialism had also taken centre stage for too long. There was a clear search around the world for spiritual values.
"Culture of peace" programmes had been prepared, such as the "roads of faith" project, which provided a modern framework for dialogue and showed, using the example of the Medieval period of Spain, that co-existence of the three monotheistic religions was possible. Such programmes also focused on Islam in Europe. Teaching was of pivotal importance. UNESCO promoted inter-religious dialogue, mutual respect and provided school books on such issues, particularly where conflicts were of a religious nature. UNESCO reminded the Commission that 2001 would be the UN Year for dialogue between nations.
AISHA AL-ADSANI (Kuwait) said acts of hostage-taking, in their different forms and aspects, were offenses of serious concern to the international community. With the support of Kuwait, the Commission had condemned all acts of hostage-taking and had affirmed that hostage-taking constituted an illegal act that undermined human rights. Such acts could not in any way be justified and their perpetrators should be brought to justice.
It was high time that the international community shed light and seriously focused on the crime of hostage-taking during armed conflicts in order to preserve the rights of hostages as stipulated in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. It should sanction all who committed such acts, States and individuals alike. The matter called for resolute, firm and concerted efforts from the international community in order to put an end to such offensive practices committed in time of war.
SAID HAFIANA (Libyan Arab Jamahiriya) said that in the context of globalization, which was based on an ideology of power and domination, Islam was increasingly vilified. Polarization of the world was possible only if one presupposed the existence of an enemy. In the Cold War era the enemy had been communism; now it was Islam. Islam had been accused of terrorism and intolerance. This view of Islam, which was a religion of tolerance and respect for the other, was instilled and imposed by the Western media, research and films.
The West should remember, however, that its civilization was the product of the Islamic mind. For example, algebra was invented by the Arabs and Arabs were the first professors in Europe's oldest universities.
JULIA DOUBLE, of the World Organization against Torture, said that since the last session at least 12 Sudanese prisoners had been sent to have their left arms amputated. The organization deplored the use of amputation as punishment -- it was a criminal offense and not compatible with the International Covenant of Civil and Political Rights. The organization therefore welcomed the agreement in recent days to appoint a UN human-rights monitor for Sudan. An Israeli Supreme Court decision had found interrogation methods of the General Security Service illegal and contrary to Israeli Basic Law. However, the organization questioned the lack of compensation, the impunity given to those responsible and the fact that the sanctioning of physical pressure still remained to be decided by the legislature.
Human-rights violations in Bahrain should be condemned, particularly policies of maximum administrative detention for up to three years without charge or trial. Peruvian legislation recently adopted was welcomed, but concern was raised as to Peru's withdrawal from the Inter-American Court. Governments were called upon to support all efforts to achieve the system of prevention of torture which was to be established by the draft optional protocol to the Convention against Torture.
MARTIN MACPHERSON, of Amnesty International, said that for more than ten years, the organization had sent letters to the Government of Saudi Arabia but had received no satisfactory replies to its requests for information and clarification on reported violations of human rights. Amnesty International also had been denied access to the country. In Saudi Arabia, the criminal justice system facilitated police brutality and torture and ill-treatment of persons in custody.
In many cases, criminal suspects were tortured or ill-treated from the moment of their arrest because the criminal justice system relied heavily on confessions obtained by the police to secure convictions in unfair trials. Flogging and amputation were used as punishments stipulated by law after trials which failed to meet international fairness standards. Situations in China and Mexico were also a cause for concern. Torture was practiced in China and extrajudicial execution in Mexico.
RENE WADLOW, of Association of World Citizens, said the Chinese Government's fears of the Falun Gong arose from persistent tensions between the folk ethos and the ruling elite, which considered the spirit of the people and their shamanic-ecstatic energy as breaking through acceptable limits and provoking change and disorder. Indeed, the Government's prolonged attacks on Falun Gong in the press repeatedly used terms such as social stability, public order and endangering society, a clear indication of the Government's persistent fear of disorder. These fears were real.
However, history had taught that repression of spiritual movements only drove their ecstatic energy underground, and it would burst forth at some later time or in other forms. There were new possibilities today in China to integrate the elite and folk traditions, but for this to occur freedom of expression and experimentation were needed. Repression could never be the path.
GIANFRANCO ROSSI, of International Association for Religious Freedom, addressed the problem of religions intolerance. There had been a rise in religious extremism. All religious preached harmony and peace, yet these preachings were sometimes ignored in practice. Unfortunately there were erroneous traditions supported by official representatives of religions and States. It was important to move away from these trends if respect for human rights was to be maintained.
The Minister of Education of Tunisia had been quoted as having said that some traditions ran counter to traditional Islamic laws, and that the Sharia ran counter to some Qu'ranic principles in the treatment of women. Afghanistan was an example of the most inhumane religious regime in the whole world. This regime could destabilize the whole region. Reality showed that a number of Islamic States such as Sudan, Mauritania and Saudi Arabia still maintained religious laws which were intolerant, against human rights and misrepresented Islam.
MICHEL MONOD, of War Resisters International (WRI), drew attention to the situation of conscientious objectors in some Latin American countries, especially during the process of drafting citizens into the army. WRI was in favour of the suppression of the obligations of civil or military service.
In some countries, legislators had included in their Constitutions the right to conscientious objection. However, in Brazil and Ecuador, the right was not recognized. Conscientious objectors were condemned to non-armed service within the army.
MOHAMED SAFA, of Arab Organization of Human Rights, said he came to the Commission to remind the world of the massacres perpetrated by Israel in Lebanese villages -- of the agony of Lebanese hostages in Khiam Detention Camp and Israeli prisons, and of the suffering caused by Israel's bombing of Lebanon. Some 174 hostages were held by Israel, 140 in Khiam Detention Camp and 37 in prisons inside Israel. Israel did not content itself with physical torture but had invented a new style for torturing Lebanese detainees, namely sexual torture, an affliction which had never been witnessed in human history.
The Lebanese resistance was a lawful exercise recognized by international law. Why did the UN not send an investigative committee to Lebanon ? Why did High Commissioner for Human Rights Mary Robinson not pay a visit to the south of Lebanon and Khiam Detention Camp as she had to Chechnya? Why didn't Israel allow international access to Khiam Camp? There had been no serious international action to end the aggression of Israel against Lebanon.
INGE GENEFKE, of the International Rehabilitation Council for Torture Victims, stressed the issue of reparation, rehabilitation, restitution, compensation and satisfaction for the many victims of torture. The organization worked to rehabilitate torture victims and to prevent torture. The Convention against Torture needed to encompass all aspects of torture, including the right to reparations. The after-effects of torture were varied but many. They included fear, guilt, shame, humiliation, physical disability and psychological trauma. There was a trans-generational aspect to torture which resulted in social exclusion, as social interaction depended on a degree of trust which victims of torture often lacked. There was a need for financial and material support, as many victims could no longer provide for themselves or their families.
The organization urged a more holistic approach to reparations and urged States to recognize the effects of torture and to eradicate impunity for those who committed torture. It was well known that justice healed. There was also a need to be aware of the risks those who treated torture victims were taking. Medical expertise was required to recognize torture.
WIDNEY BROWN, of Human Rights Watch, said women, children, gay men, lesbians, bisexual and transgendered persons experienced violence in virtually every country in the world. The violence was exacerbated by the failure of Governments to take seriously their responsibility to prevent violence and to ensure redress for all victims of violence.
The impunity enjoyed by perpetrators of these attacks was a direct result of the pervasive de jure and de facto biases against those segments of societies which pervaded criminal justice systems. So-called "honour killings" and other forms of violence against women were acts which violated women's right to life and security of person.
MAURICE VERFAILLIE, of International Association for the Defense of Religious Liberty, said the practical efforts undertaken by Spain to ensure religious freedom should be commended, as should those of Romania, which had committed itself to the promotion of religious freedom, and of Portugal, which was currently reforming its law on religious freedom with a view to ensuring equal religious rights to all religions on its soil.
Examples of fanaticism should also be highlighted, such as the killing of several hundred people in Uganda. This reality of violence in the name of God warranted concern. In China, the arrest of followers of the Falun Gong religious movement was also disquieting, as was a proposed Bulgarian bill on religious freedom, which, if adopted in its current form, would amount to a flagrant violation of the right to equal treatment before the law since it would accord the Orthodox Church the status of a national church. The tone of debate on religion in the French Parliament was also worrying.
SARAH DE JONG, of the International Federation of Journalists, said there were problems for journalists in many countries in the world. A major obstacle to freedom of the press was the murdering of journalists, impunity for those responsible, and the difficulty of obtaining information about such killings. An estimated 50 journalists were murdered every year. Not all were killed by agents of the State, but States had done very little to solve these murders, granting de facto amnesty to killers.
The organization appealed to the Commission to support a campaign that had been launched to defend independent media and those currently under threat, through a practical programme of solidarity and through lobbying for legal frameworks which would protect journalists. The campaign had been launched as a response to the repression facing journalists in the former Yugoslavia. There were also incidents of concern in the Balkans, Sierra Leone, Colombia, East Timor and Angola. The Commission was called upon to ensure the end of repression of journalists and was urged to support the campaign.
BERHANE RAS WORK, of International Movement for Fraternal Union among Races and Peoples, said her organization had been engaged in the fight to elucidate the fates of disappeared persons in Argentina, where, during the period of State terrorism, 30,000 had disappeared. After 100 days in power, the new Government had been following a general human-rights policy which did not match the requirements of the Movement.
In addition, documents relating to the activities of the military related to what it called "anti-subversion" were still being incinerated by the military. The Government had also ignored international recommendations concerning the prosecution of members of the armed forces accused of human-rights violations.
NATHALIE MANN, of International Save the Children Alliance, said the torture of children remained an unacknowledged issue. Many children died as a result of torture, yet their cases were rarely investigated. Documentation demonstrated that a large number of children were arbitrarily arrested and detained, often in an attempt to bring in a political activist or criminal suspect who was wanted for questioning. Very often there no an independent body to which a child could forward a complaint.
In many States, children were involved in activities commonly associated with the adult world, such as political activism and labour. If arrested or detained in those cases, they were treated as adults, subjected to torture and frequently detained incommunicado. Further, in numerous States, domestic legislation did not treat all children as equals.
L. H. HORACE PERERA, of the World Federation of United Nations Associations, said the Federation had been disappointed with resolution 1999/39 of last year's session of the Commission, introduced by Ireland and sponsored by 63 States. The Federation had been sorry to note that among the 63 sponsors very few were States in which a large majority of the population subscribed to Islam.
There was particular disappointment over the glaring omission in the operative clauses of the resolution of any reference to articles 5.2 and 6(e) of the 1981 UN Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Conviction. Another serious omission was the lack of any reference to paragraph (i) of Article 6 of the 1981 Declaration which was more explicitly stated in the 1992 UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. The Federation hoped to see in the relevant resolution now before the Commission more sponsors and specific references to the rights mentioned.
VO VAN AI, of the International Federation of Human Rights Leagues, said the number of deaths attributed to the armed forces in Algeria was estimated to be 4,000 and the national reconciliation advocated by the authorities would be to the detriment of justice and the truth. In Bahrain, the human-rights situation had remained very grave. Civil and political rights were systematically violated.
In Northern Ireland, the assassination of Rosemary Nelson, member of the Committee for the Administration of Justice, was deplorable. Peru was called on to implement measures to improve its judicial system. In Tunisia, dissident voices were repressed by the Government, which was systematically violating the civil and political rights of citizens. Vietnam was urged to ratify the optional protocol to the International Covenant of Civil and Political Rights and to suspend the application of capital punishment.
PER SOLGI, of International Association of Democratic Lawyers (IADL), said the ruling theocracy in Iran continued to commit and institutionalize severe and systematic violations of civil and political human rights recognized by the Universal Declaration of Human Rights and other relevant international conventions. According to information obtained by IADL, more than 600 people had been executed, including 11 stoned to death, since the new President took office in May 1997. Further, there were increasing reports of public executions in the State's official press.
Consequently, IADL believed that beyond all political calculations, the Commission should firmly condemn these violations through the adoption of a new resolution on Iran.
SANJEEWA LIYANAGE, of the Asian Legal Resource Centre, said many Asian countries faced grave human-rights violations in the form of mass enforced disappearances. This was particularly true in Aceh, East Timor, Punjab, Kashmir and Sri Lanka. Relatives of those who disappeared would suffer for generations to come. It had been predicted that human-rights violations in the form of enforced disappearances would occur in Aceh and West Papua when there was an escalation of political activity in those areas.
In Sri Lanka, no significant action had been taken by the Government to address the issue of over 30,000 disappearances. The psychological wounds would not heal until justice had been served. Sri Lanka's human-rights situation was at an all-time low. The Working Group on Enforced Disappearances' recommendations had not been implemented. From a legal perspective there was no doubt these acts constituted a crime against humanity and a gross human-rights violation. These were not only disappearances but extra-judicial killings and the highest levels of Government were involved. The perpetrators were still free, and no effort had been made to address the issue. The Commission should deal with this matter by establishing an international tribunal.
JAN BAUER, of Article XIX, said that in many countries harsh defamation laws, both criminal and civil in nature, restricted the free flow of information and ideas to the public and prevented criticism of Government or public officials. Criminal defamation laws could not justified as they restricted freedom of expression; reputations could adequately be protected by civil defamation laws; defamation laws which did not protect reputations but instead prevented criticism of Government were illegitimate.
In any case, public figures were required to tolerate a higher degree of criticism than ordinary citizens; and defamation laws should take into account the fact that even the most professional journalists made mistakes in fulfilling their duties to report in a timely manner on matters of public concern.
ELIZABETH BATHA, of World Evangelical Fellowship, said the organization was concerned by the myriad forms of religious intolerance. Legislation limiting religious freedom was widespread in former communist countries. The Russian model requiring registration of groups had been followed in some form by nearly all countries in the region. A prime example was Turkmenistan, where religious groups were required to have a minimum membership of 500 in order to secure registration. In addition, religious groups were required to submit a membership list, which was subsequently used to monitor and harass adherents.
In Laos, 46 people had been detained on charges of believing in Jesus. They were being kept in appalling conditions with inadequate food and water, and without access to toilets. In Pakistan, Christians continued to face lengthy imprisonment and death sentences as a result of the existence of the country's blasphemy law. Saudi Arabia continued to prohibit its citizens from practicing any faith other than Sunni Islam. Over the past year, at least 30 foreign Christians had been arrested, imprisoned and finally deported for being involved in chiefly private Christian activities. In India, fundamentalist intolerance continued to destroy and devastate lives. This had now been complemented at an official level by legislation introduced by a number of States with the clear intention of limiting religion freedom. In Turkey, the many minority religious groups had few legal safeguards.
VICTORIA RUIZ LABRIT, of the International Council of Associations for Peace in the Continents, said she had been one of the activists detained for asking for democracy in Cuba. She had undergone the torture that was inflicted on human-rights activists in Cuba. The psychological torture was such that one was made to feel so alone that the only solution was suicide. Examples of torture inflicted in Cuba were denial of medication, arbitrary detention -- often repeated and over long periods -- multiple detention and removal of identity papers.
The Cuban Government had passed a law on national independence which called for penalties of up to 20 years' imprisonment for anyone who submitted information on Cuba outside the country. The press was restricted, and detentions, prison sentences and arbitrary judgements behind closed doors were commonplace. Democracy was democracy for everyone, and sovereignty began with the sovereignty of the individual.
NURAL ANWAR, of the Asian Cultural Forum on Development, said that as a daughter of the former Deputy Prime Minister and Minister of Finance of Malaysia, Anwar Ibrahim, she wished to tell the Commission that her father had been arrested as an act of provocation, an insult to human dignity and common sense.
Her father was a political prisoner. He was being kept in solitary confinement and family visits were severely restricted. She appealed to the Commission to help secure the release of her father.
JONATHAN HEPBURN, of Friends World Committee for Consultation, said it was important to recall that the principled stand of those, who, as a matter of conscience, refuse to take up arms to kill their fellow human beings had been recognized by the United Nations as a legitimate exercise of the right to freedom of thought, conscience and religion. For more than 300 years, Quakers had refused to participate in war, believing it was wrong to kill or to train people to kill. It was on these grounds that Quakers claimed the right to conscientious objection to military service for all who shared their pacifist beliefs.
Many conscientious objectors were still not recognized as such. They continued to be imprisoned and subjected to repeated call-ups. Others were harassed, ill-treated and discriminated against. States were urged to review their laws and practices. In particular they were urged to provide for the right of conscientious objection to military service as a legitimate expression of freedom of thought, conscience and religion.
Right of reply
A representative of Bahrain, speaking in right of reply, said the Government of Bahrain's position on the allegations made against it was that they all stemmed from identifiable groups based outside Bahrain and with no genuine interest in the country. This was an attempt to use the Commission to promote their agenda under the guise of human-rights discussions. It was significant to note the establishment of a human-rights committee at the Shura (Consultative) Council established in accordance with United Nations principles. The committee had a wide-ranging mandate to investigate human-rights violations in Bahrain. It was hoped that any alleged issues would be brought before the committee for resolution rather than exploited as propaganda before international human-right bodies.
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