EXPERTS PRESENT FINDINGS ON HUMAN RIGHTS SITUATIONS IN BOSNIA AND HERZEGOVINA, YUGOSLAVIA AND IRAQ

Commission on Human Rights
58th session
27 March 2002
Afternoon



Commission on Human Rights Also Hears
Addresses from Government Officials of Zimbabwe,
the Netherlands, and Indonesia



Special Rapporteurs told the Commission on Human Rights this afternoon about states of affairs in Bosnia and Herzegovina, the Federal Republic of Yugoslavia, and Iraq, and high-ranking officials of the Governments of Zimbabwe, the Netherlands, and Indonesia delivered addresses on human rights matters.
Jose Cutileiro, Special Representative on the situation of human rights in Bosnia and Herzegovina and the Federal Republic of Yugoslavia, said among other things that vast improvements had taken place in the Federal Republic of Yugoslavia, but a great deal of work still remained to be done, including judicial reform, investigation of mass grave sites, and an ending of police abuses. In Kosovo, he said, a major challenge was the safe and dignified return of people of all ethnic groups who had been displaced during the Kosovo conflict. In Bosnia and Herzegovina, progress was slow and limited, Mr. Cutileiro said. Returns from Republika Srpska had substantially increased -- from a very low level -- in 2001, but remaining difficulties included the fact that while great emphasis had been laid on helping people to go back home, almost nothing had been done to help those who -- for whatever reason -- preferred not to do so.
A representative of the Federal Republic of Yugoslavia said in response that the Government was fully committed and resolved to creating conditions necessary for a successful continuation of the already advanced democratization process in the country, to strengthening the rule of law, to advancing the market economy, and to ensuring full respect for human rights and rights of minorities. He expressed concern over the inability of thousands of displaced persons to return to Kosovo and Metohija.
A representative of Bosnia and Herzegovina, responding to the Special Representative's report, said the new Bosnian Government composed of non-nationalist parties had improved the protection of human rights in the country, had helped to build better-functioning State institutions, had further implemented the Dayton peace agreement, and had enhanced cooperation with the international community. He cited concern about lack of information on the fate of 28,000 persons missing since the conflict of 1992.
Andreas Mavrommatis, Special Rapporteur on the situation of human rights in Iraq, said among other things that he had been allowed to visit the country for the first time since his appointment in 1999 and that contacts with the Government had improved and the Government had indicated it was in the process of addressing some human rights issues of concern. But the Special Rapporteur said he remained extremely concerned about the considerable number and seriousness of allegations of violations that he continued to receive, including charges of arbitrary and extrajudicial executions, cruel, degrading and inhuman treatment, forced displacements, and forced military recruitment.
A representative of Iraq said in response that the Government had cooperated with the Special Rapporteur and was committed to cooperating with the Commission, but was disappointed that the Special Rapporteur had not referred more to the tragic humanitarian situation caused by the international economic embargo of Iraq, which the Government felt could be equated with genocide.
Patrick Anthony Chinamasa, Minister of Justice, Legal and Parliamentary Affairs of Zimbabwe, in a speech before the Commission, defended the recent Presidential elections held in the country, noting that other African nations had accepted the results. He responded to international criticism of the voting by saying that those whose grandfathers and fathers had plundered Zimbabwe for 100 years, who had held people in slavery and had refused to compensate them or to show remorse, had no moral authority to dictate the terms of the future of Zimbabwe.
Jozias van Aartsen, Minister of Foreign Affairs of the Netherlands, spoke of the human rights challenges posed by issues such as terrorism, "failed States", impunity for human-rights violations, and efforts to establish sustainable democracy. He expressed concern about situations in Chechnya, Afghanistan, the Middle East, Zimbabwe, and China.
And Yusril Ihza Mahendra, Minister of Justice and Human Rights of Indonesia, described national efforts to battle corruption and advance human rights, including through a Constitutional amendment incorporating human rights principles, a four-pillared National Plan of Action on Human Rights, adoption of a law on human rights, and the establishment of human rights courts. He also reviewed efforts to defuse conflicts and separatist disputes in the Moluccas, Central Sulawesi, Aceh, and Papua, and efforts to bring about prosecution for human rights abuses committed in East Timor in 1999.
A representative of Zimbabwe spoke in exercise of the right of reply.
The Commission will reconvene at 10 a.m. on Thursday, 28 March, to continue its debate on the situation in the occupied Arab territories, including Palestine.

Question of the violation of human rights and fundamental freedoms in any part of the world
Two documents under this agenda item were introduced this afternoon in advance of the general debate on the topic.
The report of the Special Rapporteur on the situation of human rights in Iraq (E/CN.4/2002/44) notes among its conclusions that the Special Rapporteur is encouraged by efforts so far to establish a constructive dialogue with the Government and by its acceptance of his first mission to the country since his appointment in 1999; that the success of the dialogue will depend on continued Government cooperation, including detailed replies to allegations of human rights violations; that the international economic embargo of Iraq should be kept under constant review and adjustment to ensure that the humanitarian needs of the population are met; that a moratorium on executions should be implemented immediately; that the number of crimes punishable by death should be reduced; that conditions on death row should be improved considerably and a system of independent prison visitors be set up to ensure prisoners’ human rights; that freedom of religion should be respected, including for Shia clerics and leaders of the Christian community; that Special Courts should be abolished and the rule of law respected everywhere; that no discrimination against ethnic or religious groups should be allowed in policy or practice; and that allegations of human rights violations in relation to “Arabization” should be investigated.
And a report of the Special Representative on the situation of human rights in Bosnia and Herzegovina and the Federal Republic of Yugoslavia (E/CN.4/2002/41) notes in its executive summary of the situation in Bosnia and Herzegovina that those indicted by the International Criminal Tribunal for the Former Yugoslavia must be brought to stand trial; that authorities in Bosnia and Herzegovina must ensure that persons responsible for serious violations of human rights during the conflict do not continue to exercise social, political or economic control; that return of displaced persons cannot be envisaged without the full protection of human rights, especially for vulnerable groups; that the recent reduction of persons authorized to act as police officers because of improper activities is a positive sign; and that progress has been made in other areas of human rights protection, including moves to strengthen the legal framework in compliance with international standards. On the situation in the Federal Republic of Yugoslavia, the report notes among other things that there has been an overall improvement in the human rights situation in the past year; that a number of human rights violations committed by the former regime have been redressed; that many Albanian political prisoners have been released; that investigations have been carried out into missing persons during the Kosovo conflict; that closer practical cooperation is needed with the United Nations Mission in Kosovo (UNMIK); that positive reforms have been carried out of the police, judiciary and prisons but that the overall process of reform remains slow; that concern is felt over a number of cases allegedly involving ill-treatment by the police; that good progress had been made in implementing the political settlement to improve social, economic and political rights for ethnic Albanians in southern Serbia; and that improvements in Kosovo still leave areas of ongoing concern related to the physical protection of minority communities; the quality of
the rule of law, including independence of the judiciary, and the extent to which human rights standards are reflected in the policies and practices of UNMIK and KFOR. An addendum to the report (Add.1) covers developments between December 2001 and February 2002.

Statements
PATRICK ANTHONY CHINAMASA, Minister of Justice, Legal and Parliamentary Affairs of Zimbabwe, said his country had not sought to quarrel with any nation; it had no other ambition but to remain sovereign. It respected the sovereignty of others in the same manner that it would want its sovereignty respected. Zimbabwe had not aggressed any nation nor held any ill will against any people, not even those who had wronged it in the past. However, the extraordinary negative reporting over the past two years, and especially before and after the recent Presidential elections in Zimbabwe, had been as negative as it was amazing.
Zimbabwe cherished the concept of democracy, for which the people of Zimbabwe had to fight a protracted war against racism and colonialism. It was indeed the current Government that had brought to Zimbabwe democracy through the expression of regular elections during the last 22 years. While African nations had made a clear judgement accepting the recent elections that returned President Mugabe to office, some developed countries had begged to differ. Some countries in the Commission considered democracy as not only their creation but their preserve. Some States, on the pretext of democracy and good governance, had usurped and arrogated to themselves the sovereign, non-transferable law-making powers of the Parliament of nations by passing and foisting so called "Democracy Acts" on sovereign States. Such actions were examples of gross interference in the internal affairs of countries and a bold insult to their Parliaments.
Zimbabwe's efforts at engendering development had focused on land reform, which was now a socio-economic and political imperative in the country, Mr. Chinamasa said. The land distribution programme of the Zimbabwe Government had never been motivated by a desire for vengeance or for setting old scores. It was aimed at redressing gross inequalities in land ownership in Zimbabwe cause by racist, colonialist policies. It strived to meet the needs of the landless, the smallholder who wanted to venture into small-scale commercial farming and indigenous citizens who had the resources to go into large-scale commercial agriculture.
Zimbabwe might have experienced some hiccups in the development of democratic institutions, which could be expected in the development of a nation. Some nations in existence for over one hundred years still experienced similar flaws. But let any flaws in the development of Zimbabwe, and any mistakes that might have been made, be corrected on the terms decided by Zimbabweans. Those whose grandfathers and fathers had plundered Zimbabwe for 100 years, who held the people in slavery, who had refused to compensate the people or to show remorse, had no moral authority to dictate the terms of the future of Zimbabwe. Those who sought to criticize others should themselves have clean hands but it was often the case that they did not.
JOZIAS VAN AARTSEN, Minister for Foreign Affairs of the Netherlands, said large-scale violations of human rights unfortunately still occurred around the world, as the events of 11 September had brought home to everyone with a vengeance. Terrorism was an acute threat, and Governments had to fight it; the Netherlands took an active part in efforts to end terrorism, but also was convinced that carefully crafted human rights norms had to be followed while doing so. The European Union (EU) and the Netherlands had always recognized the legitimate right of the Russian Federation to defend itself against terrorism, but were seriously concerned about the extent to which all parties involved in the Chechen conflict used violence and military force against the civilian population. Grave and systematic violations of human rights there must be stopped and a political solution to the conflict must be crafted.
Failed States posed another international challenge. Afghanistan was a case in point. The international community was well-embarked now on providing security and assistance for rebuilding the country, and the Netherlands was contributing troops, money and expertise. But ownership of the process was critical -- Afghans themselves had to steer the process, and women had to be included in decision-making there.
The conflict in the Middle East continued to be a great cause of concern, Mr. van Aartsen said; the cycle had to be broken; Israelis and Palestinians had to be offered a viable political solution, and Security Council resolution 1397 provided it. The international community must help, and political leaders on both sides had to grasp the opportunities offered.
Democracy did not occur instantly, Mr. van Aartsen said; free, fair, and periodic elections were a critical factor and a step forward in establishing democracy, and the EU had attached much importance to the recent elections in Zimbabwe. It had been very disappointing to see the electoral process turned into a sham; he hoped the Commission would duly consider and support the EU initiative regarding Zimbabwe.
Dialogues on human rights were useful, and the Netherlands held them with other countries, including China, Mr. van Aartsen said. But the human rights situation in China continued to cause concern because of such things as unprecedented application of the death penalty, persecution of Christian churches and other religious communities, as well as members of the Falun Gong, and the use of the fight against terrorism as a pretext for intensifying repression of minorities in Xinjiang and Tibet. On the other hand, Chinese society was more open and more engaged with the international community than before.
Mr. van Aartsen said attention also should be paid to such issues as shifting from cultures of impunity to cultures of justice and accountability; supporting and establishing international courts and tribunals, including the anticipated International Criminal Court; establishing strong and independent national courts; and establishing truth and reconciliation commissions where appropriate.
YUSRIL IHZA MAHENDRA, Minister of Justice and Human Rights of Indonesia, said the counter-terrorism strategies implemented as a direct result of the 11 September tragedy had occasionally undermined international standards by suppressing or restricting a number of individual rights including those relating to the rights to privacy, presumption of innocence, fair trial, asylum, political participation, peaceful assembly, freedom of thought and expression. Another by-product had been the sharp rise in religious intolerance, especially an increase of Islamophobia and anti-Arab sentiment. Another topic deserving the urgent attention of the Commission related to the worsening human rights situation in the occupied Palestinian territories. The Commission was called upon to give the issue utmost priority and to redouble its efforts to ensure that the human rights of every Palestinian in the occupied territories was fully respected.
Indonesia was still recovering from a painful political and economic crisis, Mr. Mahendra said. One of the cornerstones of the ongoing democratization process was law enforcement and respect for human rights; measures being taken aimed at combatting corruption, collusion and nepotism. On human rights, much progress had been made laying the strategic groundwork necessary for their promotion and protection, including a Constitutional amendment incorporating human rights principles, the four-pillared National Plan of Action on Human Rights 1998-2003, the adoption of a law on human rights, and the introduction of machinery to enforce respect for these rights through the establishment of human rights courts. The outbreak of horizontal conflicts and the existence of separatism in far-flung provinces had been successfully addressed using a battery of comprehensive means. The Government had recently facilitated reconciliatory talks between the different factions in the disputes in the Moluccas and Central Sulawesi.
The Government had been addressing the separatist problems in Aceh and Papua by using a comprehensive approach which included the promotion of dialogue and steps to address past economic injustices by implementing development programmes; the restoration and upholding of law and order through the introduction of security measures; respect for human rights; and the implementation of special autonomy laws for both provinces. This approach had worked well, with consequent improvements in the political and security situation as well as in the revival of economic activities in the two provinces, Mr. Mahendra said. Concerning the prosecution of human rights abuses committed in East Timor in 1999, Indonesia was well-equipped to deal with cases involving gross violations of human rights. Significant progress had been achieved in the building of the institutions necessary for the prosecution and adjudication of gross violations of human rights. While he understood the interest shown by the international community in these legal processes, Mr. Mahendra said, Indonesia took seriously its intentions to ensure the independence of Indonesia's judicial system.

Question of the Violation of Human Rights in any Part of the World
JOSE CUTILEIRO, Special Representative on the situation of human rights in Bosnia and Herzegovina and the Federal Republic of Yugoslavia, said concerning the Federal Republic of Yugoslavia that it was clear that vast improvements had taken place. For the first time in Yugoslav history, the Federal Republic of Yugoslavia's Parliament had recognized the Roma as a national minority. Serbia's government had decided to hold long anticipated early local elections next June. But there was another side of the coin. When the new political leadership had taken over and decided to right the wrongs of the past, the challenges had been enormous and a great deal of work still remained to be done. Further judicial reform was required if human rights protections were to be firmly entrenched through the rule of law; the investigations of mass grave sites on police/military premises at Batjanica, on the outskirts of Belgrade were making no sufficient progress and to date, no one had been arrested in connection with those crimes; there were no laws yet regulating the media; the Law on Cooperation with the ICTY was still being drafted; police violations was still reported; and in Montenegro there was no effective public or parliamentary control of the police. He added that since the addendum to his report was written, there had been the announcement of the creation of the new state of Serbia and Montenegro.
Concerning Kosovo, Mr. Cutileiro said that he hoped the decision of the Kosovar Serbs to participate in the political process would have a beneficial effect on inter-ethnic relations. A great deal needed to be done if the human rights of all Kosovars were to be respected, notably the safe and dignified return of people of all ethnic groups displaced from Kosovo over the last few years.

On Bosnia and Herzegovina, progress was slow and limited, Mr. Cutileiro said. Returns from Republika Srpska had substantially increased -- from a very low level -- in 2001. Ministers from both entities had told him that they intended to complete Constitutional reform in the next few months in line with the Bosnia and Herzegovina Constitutional Court decision on constituent peoples. Unfortunately, great emphasis had been laid on helping people to go back home and almost nothing had been done to help those who -- for whatever reason -- preferred not to do so. This -- the question of refugees and internally displaced persons -- and other disturbing cases of the authorities' incapacity to satisfactorily uphold and protect human rights, were all ultimately linked to the Constitutional and political arrangements on which Bosnia and Herzegovina's life hinged.
MILORAD SCEPANOVIC (Federal Republic of Yugoslavia) underscored the importance of the recently signed agreement on the restructuring of relations between Serbia and Montenegro that laid down the basis for a new union and overcame the serious state and legal crisis the country faced. The agreement was a step ahead in securing stability for the entire region. The document enabled the beginning of a successful integration into European institutions based on the consolidation of democratic institutions, fulfilment of economic reforms and cooperation with the international community. All of that would secure an important basis for further strengthening of respect for and overall promotion of human rights in the country.
The Government of the Federal Republic of Yugoslavia was fully committed and resolved to creating conditions necessary for a successful continuation of the already advanced democratization process in the country, strengthening the rule of law, advancing the market economy, and ensuring full respect for human rights and rights of minorities. The Government would continue to put into practice international obligations undertaken in the field of human rights; and it would remain open to cooperation with all United Nations mechanisms hoping for further valuable assistance of the Office of the High Commissioner for Human Rights. Concerning displaced persons, out of 226,000 Serbs and around 68,000 other non-Albanians who had fled since June 1999, to date only 126 individuals had returned to Kosovo and Metohija. At least 1,520 persons were unaccounted for, out of which 1,300 were missing as of June 1999.
MILOS VUKASIVNOVIC (Bosnia and Herzegovina) said the new Government composed of non-nationalist parties had improved the protection of human rights in the country, had helped to build better-functioning State institutions, had further implemented the Dayton peace agreement, and had enhanced cooperation with the international community. Bosnia and Herzegovina was determined to proceed with harmonization of its economic, political and democratic reforms in line with European standards, and last week it had become a member of the Council of Europe. Finalization of Constitutional reforms in accordance with the decision of the Constitutional Court of Bosnia and Herzegovina on the constituency of its three constituent peoples on the whole territory of the country would soon be finished and would form a base for guaranteeing the equality of all citizens.
Progress had been made in terms of returnees over the past year, including so-called "minority returns", and the process was expected to accelerate this year. Cooperation with the International Criminal Tribunal was illustrated by the transferral of nine indicted persons to the Hague and Tribunal custody. The country remained concerned about lack of information on the fate of 28,000 persons missing since the conflict of 1992. As the Special Representative had noted, Bosnia and Herzegovina continued to be hindered in its human-rights efforts by its difficult economic situation.
ANDREAS MAVROMMTIS, Special Rapporteur on the situation of human rights in Iraq, introducing his report (E/CN.4/2002/44), said he was pleased to report he had been allowed to visit the country for the first time and had gone from 11 to 15 February; it was an exploratory mission whose purpose was to establish contacts with the Government and to develop mechanisms for further dialogue; he had addressed only a limited number of priority human rights issues. Time did not permit him to visit the north and south of Iraq, and he considered it essential to visit these and other areas on future missions.
At a visit to Abu Ghraib prison he had been deeply disturbed by overcrowding and other substandard conditions, Mr. Mavrommatis said, and he had been assured that steps were being taken to address the situation. The Government also had indicated it was undertaking a study which would recommend the reduction of some sentences for crimes which currently carried the death penalty. He had also sought information from Government officials on the issue of "Arabization" and the country's Special Courts.
In other work over the past year he had continued to seek a resolution to the issue of missing persons and Kuwaiti prisoners of war, Mr. Mavrommatis said; regretfully there had been very little progress. He also had travelled to Iran to interview Iraqi nationals in that country. The allegations he had heard covered a broad and serious range of human rights violations, including arbitrary and extrajudicial execution, cruel, degrading and inhuman treatment, forced displacement, and forced military recruitment; he had carefully examined this information and planned to submit a number the allegations to the Iraqi Government for response.
In general, Mr. Mavrommatis said, contacts with the Government had improved and the Government had indicated that it was in the process of addressing some human rights issues of concern, but he remained extremely concerned about the considerable number and seriousness of the allegations of violations that he continued to receive.
SAMIR K.K. AL-NIMA (Iraq) said his delegation had reviewed the report and listened to the statement of the Special Rapporteur. Iraq positively participated in all international fora for human rights and refused to accept the politicization of human rights. The Special Rapporteur had been received and had had the possibility of meeting with several Government officials and representatives of minorities. Iraq wanted a positive and productive dialogue with the Commission and reiterated that the approval of the Government of Iraq was based on a willingness to collaborate. It had been hoped that the Rapporteur would see with his own eyes the tragic consequences of the economic embargo.
In order to achieve normalization of life during difficult circumstances, the Government had sometimes had to make a choice between the rights of the citizen and the territorial integrity of the state. This had sometimes included taking exceptional measures which could lead to certain constraints on people. However, this was the situation in all countries that were under attack. One could not pretend that human rights in Iraq were flawless. However, the Government was determined to improve the situation despite its difficult situation. Iraq had done its utmost to alleviate the moral and physical damage faced by the Iraqi community. The national legislation had amended several laws to promote human rights in Iraq. The Government also respected the implementation of the democratic process, reflected in free elections to the National Council and in respect shown for the human rights of minorities. Iraq had hoped that the Special Rapporteur would have referred more to the tragic humanitarian situation in Iraq, which could be equated to a genocide. The embargo was a violation of human rights, and it was hoped that in the future the Special Rapporteur would put this on his list of priorities. Hopes were high for a continued constructive dialogue.

Right of reply
A Representative of Zimbabwe, speaking in right of reply, said the Netherlands' Minister of Affairs had joined the ranks of those who had disputed the Zimbabwean elections. That did not surprise Zimbabwe, as the Netherlands had supported the party that had lost the elections and was indulging in sour grapes. Zimbabwe stressed that the Netherlands had absolutely no moral authority to judge the elections in Zimbabwe.


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