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Meeting of the Third Committee of the 55th General Assembly session on Torture
26 October 2000
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Fifty-fifth General Assembly
Third Committee
26 October 2000
36th Meeting (AM)
Victims of torture should receive reparation commensurate with the gravity of the harm suffered, the Special Rapporteur on torture told the Third Committee (Social, Humanitarian and Cultural) this morning as it met to continue considering human rights issues, with a focus on the causes of human rights abuses.
Nigel Rodney said poverty contributed to the practice of torture. The majority of international attention fell high-profile political victims of torture, but the overwhelming majority of those subjected to torture and ill-treatment were ordinary suspects from the lowest strata of society who could not afford legal representation or who were unaware of their rights. Also, many law enforcement officials were underpaid, which eroded sympathy for their charges.
The “militaristic approach” of Myanmar’s authorities fostered poverty and food scarcity in that country, according to the Special Rapporteur on the human rights situation in Myanmar. In the absence of Rajsoomer Lallah, Bacre Waly Ndiaye, Director of the New York Office of the United Nations High Commissioner for Human Rights, introduced the Special Rapporteur’s report. It stated that large-scale forced relocations in ethnic areas were accompanied by forced labour, inhuman treatment and much graver violations of human rights, such as the “scorched earth” policy that deprived people first of food, then of all means of subsistence.
Myanmar’s representative responded by saying he had no choice but to reject the report. It was full of unsubstantiated facts. His country was in transition from a single party to a multi-party system, but it was not in denial. There were problems, but they should not be compounded by unfair and unjust pressures from powerful developed countries.
Responding to the report on his country, the representative of Burundi welcomed its confirmation of the effect of the economic situation on human rights. The report, by Special Rapporteur Marie-Thérèse Keita-Bocoum, had highlighted an increase in poverty despite the Government’s best efforts and the dropping of the embargo against Burundi. For the situation to improve, hostilities must cease. The forces of law and order themselves were now accused of activities such as summary executions.
As the first item today, the Committee concluded its consideration of the human rights situation in Iraq. On that issue, the representative of the Russian Federation asked the Special Rapporteur, Andreas Mavrommatis, to include more information in his next report on how sanctions affected human rights.
Also taking part in the question and answer segments with the rapporteurs and experts were the representatives of France (on behalf of the European Union), Libya, Kuwait, Iraq, Myanmar, Cuba, China, Denmark, Iraq and Burundi.
During the continued general discussion of human rights issues, statements were made by the representatives of France (on behalf of the European Union), Senegal, Democratic Republic of Korea and China.
The Committee will meet again at 3 p.m. to continue examining human rights issues and to consider draft resolutions.
Committee Work Programme
The Third Committee (Social, Humanitarian and Cultural) met this morning to continue considering human rights questions, including alternative approaches for improving the enjoyment of human rights and fundamental freedoms. The Committee was also expected to consider human rights situations and reports of special rapporteurs and representatives; implementation and follow-up to the Vienna Declaration and Programme of Action (1993); and the report of the United Nations High Commissioner for Human Rights. (For background, see Press Release GA/SHC/3603 of 24 October).
In addition to those documents, the Committee has before it the Secretary-General’s report on the situation of human rights in Myanmar (document A/55/509), which recalls that the Secretary-General’s role is one of good offices while the Special Rapporteur’s is more of fact-finding. He then describes activities of his Special Envoy since his appointment in April. Those included two visits to Myanmar, one from June to July and another in October. The Envoy had met with Myanmar officials and with leaders of the National League for Democracy (NLD) and the Shan Nationalities League for Democracy.
The Secretary-General states that the second meeting took place in what turned out to be a setback for national reconciliation. The NLD leaders were restricted from travel and confined to their homes. Dialogue between the groups was encouraged while the Secretary-General and the Envoy both consulted with the Government. Those authorities repeated that their Government was transitional, compelled to take power in 1988 to prevent the country from disintegrating. It noted that the NLD showed no desire to “work constructively”, while the NLD said it was ready for dialogue with the authorities at any time.
Further in his discussions with authorities, the Secretary-General says the Envoy stressed the need to deal with requirements of the International Labor Organization (ILO) regarding forced labour. He also conveyed widespread concern over issues such as imprisonments and other human rights issues. There was no response on when the Special Rapporteur’s visit could take place. The report concludes that, while the government had announced the reopening of universities, no other concrete progress could be reported on other issues of concern to the international community. However, the constructive dialogue with both Myanmar’s leadership and the NLD leaders gave hope that the process of national reconciliation would gain new momentum, particularly with the help of countries in the region.
Resumption of Dialogue with ANDREAS MAVROMMATIS, Special Rapporteur on Human Rights Situation in Iraq
Before turning to the agenda for today’s meeting, the Committee resumed its dialogue with Mr. Mavrommatis, suspended yesterday at the close of its afternoon session. The Chairperson took a moment to remind members that while the dialogues with experts and rapporteurs should be interactive and conducted in the spirit of flexibility, interventions should not be made in the form of what was essentially a right of reply. According to the rules of the General Assembly, time would be allocated at the conclusion of meetings for delegations to exercise their right of reply.
The representative of the Russian Federation wondered if the Rapporteur could include more information in his future reports about the impact of sanctions on the humanitarian situation in Iraq. The representative called on Iraq to cooperate with the Special Rapporteur to address the situation of missing persons. The representative of Libya asked the Special Rapporteur to clarify his position on the objectivity of the report. She added that representative said individual humanitarian tragedies in Iraq could not be examined without addressing the situation in total, including the effect of sanctions and of depleted uranium ordnance. The representative of Iraq expressed appreciation to the Special Rapporteur for indicating that he would review his work in light of the most recent report of the Secretary-General on the situation in his country. The representative of France, on behalf of the European Union, praised the work of the Special Rapporteur and the thoroughness of his report.
Responding, the Special Rapporteur said he had taken due note of the comments and questions, and he sincerely hoped that the cooperation expressed by delegations would lead to the successful fulfilment of his mandate. On the situation of missing persons, he said that he was open to suggestions and would provide assistance -- in cooperation with the International Committee of the Red Cross -- to both Kuwait and Iraq, to bring about swift resolution of that issue.
Introductory Statement, Human Rights in Myanmar
BACRE WALY NDIAYE, Director of the New York Office of the United Nations High Commissioner for Human Rights (UNHCHR) introduced the report on the situation of human rights in Myanmar. It had been prepared by Rajsoomer Lallah, the Special Rapporteur on that situation. In his message to the Committee, Mr. Lallah said he would review events since his report was issued in July.
Citing a number of incidents involving actions taken by Myanmar officials to restrict movements of the NLD and its leader, Daw Aung Sang Suu Kyi, the Special Rapporteur said the military authorities continued to favour the repression of all political activity over an engagement in genuine political dialogue. The policy was implemented by laws, orders and administrative actions designed to criminalize the exercise of normal political activity. It was also implemented by intimidation, harassment and restriction of the NLD, including by closure of NLD offices. It was a policy that violated fundamental freedoms, and because of the negation of political rights, the people had no say in the economic, social and cultural policies affecting their lives and their future.
The result of the Myanmar authorities’ militaristic approach was extreme poverty and the absence of food security in the country, he continued. Large-scale forced relocations in ethnic areas were accompanied by forced labour, inhuman treatment and much graver violations of human rights. Forced relocation had led to the “scorched earth” policy, which deprived suspected insurgents first of food, then of funds and resources, then of intelligence and information, and finally of the possibilities of recruitment. The policy was characterized by the army’s forcible confiscation, without payment, of food to feed itself; it then burned off the rest of the crop. In areas that continued to farm, compulsory sale to authorities was at a fixed price, leading to a food scarcity that had been documented.
An ILO delegation was set to visit next month to report on the forced labour situation, Mr. Lallah’s report concluded, adding that he regretted having to report each year on a human rights situation that did not improve. The situation could change if the authorities began a genuine political dialogue over its repressive solutions to an essentially political problem that was impacting on the entire region.
Questions and Answers
The representative of Myanmar responded to the report on his country by saying the Special Rapporteur of a country or region should be familiar with the culture he was examining. The report this year was as bereft of the crucial impartiality as ever. It read like slanderous graffiti on the walls of pro-colonialist armed insurgent camps, regrettably lacking credible references, documentary evidence and independent confirmation. Further, the report ignored positive information that had been posted on the Internet or furnished by the Myanmar Mission in Geneva. The report sought to resurrect old ethnic troubles. The Special Rapporteur’s lack of knowledge was evident in his projecting a small situation involving insurgents on the Thai border onto the whole of Myanmar. That was why Myanmar was reluctant to let the Special Rapporteur enter that delicate but promising border situation, regardless of the country’s high regard for the United Nations.
As for the report’s remarks on political freedoms, he recalled that backed his country was in transition from a single party to a multi-party system. Ten political parties were officially recognized. All but the foreign-backed NLD had been cooperative with the Government. The NLD refused to condemn armed insurgents. Its leader had even called for sanctions against her country unless she was allowed to take power.
His was not a country in denial, he concluded. There were problems. But they should not be artificially compounded by unfair and unjust pressures from powerful developed countries. For all of the above reasons, he said he had no choice but to reject the report in its totality.
MR. NDIAYE, Director of the UNHCHR New York Office, then said a number of the reports before the Committee were relevant to the discussion of human rights situations in various countries. Those included the report of the Independent Expert on the right to development (document A/55/302) and the Secretary-General’s report on globalization’s impact on human rights (document A/55/342). Also of particular significance were the report on cultural diversity (A/55/296), protection of migrants (document A/55/275), human rights education (document A/55/360) and regional strategies (document A/55/279). (See Press Release GA/SHC/3603 of 24 October).
Introductory Statement, Special Rapporteur on Question of Torture
SIR NIGEL RODLEY, Special Rapporteur on the question of torture and other cruel, inhuman or degrading treatment or punishment, introduced his report to the Committee (see press release GA/SHC/3601 dated 23 October). He stressed issues of special concern to his mandate, in particular overall trends and recent developments in the United Nations human rights mechanisms relevant to the issue. His focus this year had been on the following: gender-specific forms of torture; torture and children; torture and human rights defenders; reparation for victims of torture; and torture and poverty. He noted that since the last session of the Commission on Human Rights, he had undertaken fact-finding visits to Azerbaijan and Brazil. He regretted to inform the Committee that his requests for invitations to visit Algeria, Bahrain, China, Egypt, India, Indonesia and Tunisia remained unanswered.
He next briefly highlighted findings in the five areas of concern. On the issue of gender-specific forms of torture, he said that while he continued to transmit a large number of individual cases, mainly dealing with violence against women, he welcomed the Assembly’s adoption of the Optional Protocol on the Convention on the Elimination of all Forms of Violence against Women. In its general recommendations, the Convention’s monitoring body had enumerated the right not to be subjected to torture or other cruel and degrading punishment as among the rights that fell within the meaning of that instrument. On the question of torture and children, he noted that he had expanded his focus this year to include cruel and harsh treatment in non-penal institutions, as well as children in armed conflict. On torture and human rights defenders, he welcomed the Secretary-General’s appointment of a Special Representative to handle the issue. Human rights defenders were on the front lines of the Organization’s efforts at protecting and promoting human rights, and were key in denouncing violations of those rights. He said that he relied largely on the work of such defenders in the discharge of his mandate.
Turning to reparations for victims of torture, he said that the final report of the Independent Expert on the right to restitution incorporated basic principles and guidelines on the right to reparation for victims of violations of international and humanitarian law. According to those guidelines, the right encompassed adequate, effective and prompt reparation, proportionate to the gravity of the violation. Finally, on torture and poverty, he said that while the many high-profile political victims of torture caught the attention of the international community, his experience had shown that the overwhelming majority of those subjected to torture and ill-treatment were ordinary common criminal suspects from the lowest strata of society. They were the ones who could not afford adequate legal representation or who had no idea of what their rights were. He also noted that on a number of occasions his attention had been drawn to the fact that law enforcement officials were underpaid and housed in conditions calculated to erode any sympathy they might have for their charges.
Questions and Answers
Responding to the Special Rapporteur’s statement, the representative of Cuba expressed concerns about the effects of poverty as it related to torture. The representative also wondered about the impact of sanctions. The representative of China reminded the Special Rapporteurs that the Chinese Government had indeed issued an invitation to visit that country. The representative of Denmark expressed a series of concerns. She wondered if the Special Rapporteur had seen any indication of increased use of the threat of torture. She asked if vulnerable groups such as women and children were being targeted more frequently. She also asked the Special Rapporteur to elaborate on the Istanbul Principles referred to in his report. The representative of Iraq drew attention to the fact that economic sanctions constituted a means of cruel and unusual punishment and violence, and he hoped that the Special Rapporteur would give special attention to that point in his next report.
Before responding to the Committee’s comments and questions, the Special Rapporteur welcomed members’ words of support. As to the concerns of the representative of Cuba, he said that in describing the impact of torture on poverty, he had by no means intended to characterize the practice as a consequence of poverty. It was important, however, to draw attention to the fact that the poor were more prone to be victims of torture.
Turning next to the comment by the representative of China, he acknowledged the existence of a long-standing invitation to visit that country. However, that invitation, was unfortunately, not to undertake the standard mission he normally conducted in other countries. It was important to the fulfilment of his mandate that he should be allowed to conduct missions that followed the same standards, regardless of what country he was in. He hoped that the terms of the invitation would be broadened so as to be consistent with the standards prevailing in his other missions.
Responding to the series of questions by the representative of Denmark, the Special Rapporteur first said that he was not sure that he had seen increase in threats of torture. Sadly, what he had seen was that threats of torture now appeared to be standard practice. It was often forgotten, he continued, that torture did not have to be inflicted physically -- it could also be mental. In fact, physical forms of torture were designed to have an eventual mental effect, such as breaking down the will. However, the threat was often as effective as physical infliction of pain and suffering, if such a threat was issued in a context where it was credible, such as threats aimed at families or children. By and large, torturers were not sadists, he said. They wanted to get information as quickly as possible and threats of violence were often the best way to accomplish that. He said that while he had no quantitative data on whether vulnerable groups were targeted for threats of torture more often than other groups, he could say that those less inured to the practice would probably be susceptible to threats of violence.
Finally, he said that the Istanbul Principles had been developed at the initiative of medical groups working to heal the consequences of torture around the world. Medical practitioners had come together with human rights experts and lawyers to identify guidelines for effective investigation of torture. While there were international laws to that effect, what was missing was an exact spelling out of principles. He also noted the concerns of the representatives of Cuba and Iraq as to the impact of sanctions.
Introduction of Report, Human Rights Situation in Burundi
MARIE-THERESE KEITA-BOCOUM, Special Rapporteur on the situation of human rights in Burundi, said poverty had increased in the country despite the Government’s best efforts and the dropping of the embargo against it. Burundi suffered from the exploitation of ethnic differences by minorities, although some sectors were improving thanks to efforts by the Government, the international community and civil society. The new code of criminal procedure had brought about a bettering of conditions in such areas as freedom of speech. Torture, however, was still reported, as were abductions of women. Dismantling of camps had begun -- but people were now returning to the camps for security.
The economic situation had affected people’s human rights, she continued. There was a poor representation of women at decision-making levels. The main obstacles were tradition and lack of education. A measure on succession marriages was meeting with opposition, particularly from women.
As she had done in the report, she called for all parties to the conflict, especially the rebels, to come together and hold a dialogue. She said action must be taken to accelerate the advancement of women, particularly with regard to violence against them. AIDS must be attacked, as well as extreme poverty. Important levels of aid had to be given to the Office of the High Commissioner for Human Rights to help Burundi with its problems.
A peace accord had been signed in Arusha in August, but two rebel groups continued fighting on the ground. Radical Tutsis were also a factor in the Arusha agreement. Overall, the situation had deteriorated since August, with the forces of law and order appearing guilty of atrocities such as summary executions. The international community must use all efforts to induce the parties to cease hostilities before the entire peace effort was undone.
Questions and Answers
Responding to the report on his country, the representative of Burundi expressed his appreciation and said he would add to it. The friends of Burundi should help Burundi climb out from under the effects of war. Then reconstruction could begin. He appreciated the fact that the report confirmed how the economic and social situation affected the human rights situation. The rebels should join the peace process, as requested in a solemn appeal by Nelson Mandela, the facilitator of the peace talks, who had asked for an end to the massacre of women, children and the disabled. The rebels and their foreign supporters should end the violence.
Human rights violations should be condemned, regardless of who committed such actions, he continued. Burundi was trying to take steps against those who were killing civilians. The Rapporteur should be careful about ascribing blame when it could not be known who had done the killing. The grouping of people into camps had been a temporary measure to protect the people. The camps had been dismantled in July, even though thousands of Burundians still lived there of their own free will because of insecurity around their homes. Also, the equality of men and women was legislatively ensured, but it took time to change attitudes. War was the main reason for rights violations. Human rights offices were active throughout the Government, helping the country to restore people’s rights. The only solution, however, was for the war to end so that reconstruction could begin.
PATRICK HENAULT (France), speaking on behalf of the European Union and associated States, said he would survey the human rights situation around the world without giving a full picture of human rights violations of greatest concern. He would reserve expression of serious concern for the human rights situations in the Democratic Republic of the Congo, Sudan, Iraq and Iran. Focusing on progress would curb deterioration and support positive trends.
With that, he said his first preoccupation was the serious human rights deficiencies persisting in many countries where no significant progress had been noted in months. Those included the extensive use of the death penalty in China and the country’s continued serious breaches of fundamental freedoms. Also included were the situations in Syria, Laos, the Democratic People’s Republic of Korea, Cuba, Pakistan, Chad, Rwanda and Uganda. The High Commissioner should pay particular attention to situations in which civilian populations were victims, as in Sierra Leone, Timor and Chechnya. Further, special attention should be paid to situations in which civilian populations suffered violations of their rights because of unresolved conflicts in other regions, such as in the occupied Palestinian territories, Afghanistan, Sri Lanka, Jammu and Kashmir, Indonesia, Angola, Burundi, Somalia, Eritrea and Ethiopia, Guinea, Colombia and Cyprus.
Of the path to reconciliation, he said full respect for rights would be shown by the commitment of national leaders. That had occurred in Bosnia and Herzegovina, Kosovo, Congo and Guatemala. Encouraging signs must be translated into real progress, particularly with regard to human rights defenders and through the signing and ratification of human rights instruments. It must be remembered that progress on human rights and democratization were unfortunately not irreversible, as had been shown by situations in such countries as Fiji, the Solomon Islands, Peru and Haiti.
In conclusion, he said the fragility of progress in the field of rights demanded constant vigilance and a reinforced capability for supporting positive developments in order to consolidate them. The European Union was committed to contributing to that process both through its own actions and as part of the United Nations.
IBRA DEGUENE KA (Senegal) said he was convinced that his Government was actively working to ensure the respect of human rights and to consolidate the rule of law and ensure all freedoms, including those of religion and the press. Those initiatives also contributed to the building of democracy, he added. Senegal was of the opinion that no social or cultural condition could be used as a pretext for human rights violations. It was high time to address the notion that there were “rights” for the North -- political and civil -- and “sub-rights” -- social, economic and cultural -- for the South. All rights were universal and indivisible, he said. He called for consideration of a balanced approach that integrated all rights. He went on to welcome the statement by the European Union. He wondered however, if in its next intervention, that group could mention some of the successes that had been achieved in some countries in the area of human rights. Perhaps highlighting positive achievements and progress would be of benefit to the international community in its efforts to promote and protect human rights.
Senegal, he continued was a country in the midst of a peaceful transition aimed at developing new perspectives for strengthening the rule of democracy. A new constitution would be presented to the people of the country in January. The Government was exploring ways to expand the participation of women and youth into decision-making at all levels. Wide-scale legal reform was also being undertaken. Those and other initiatives reflected the commitment of the Senegalese authorities to promote and respect human rights. He noted that his delegation had been satisfied with the preparatory work for the upcoming World Conference against Racism. He hoped that pragmatic and action-oriented results emerged from that meeting. He was certain that the outcome of the regional preparatory conference in Dakar would contribute to the formulation of such strategies. He praised the report of the work of the High Commissioner as well as the report on the right to development. His delegation was in favour of setting up a mechanism for human rights observers and fact-finders to intervene in emergency situations.
MUN JONG CHOL (Democratic People’s Republic of Korea) said that while there were countless international conventions and covenants aimed at protecting humans from all forms of suffering or ill-treatment, it had still proved difficult for some nations to realize the right to life, the right to development, or fully exercise their human rights. Most of the world community’s focus tended to be on political rights and consideration of those who had been marginalized. That attitude had in effect sidelined important issues such as poverty eradication and the right to development. It was vital to respect the principle of fairness in interpreting international human rights instruments. The view should always be towards objectivity, not towards enforcing double standards. It seemed, however, that when human rights issues were addressed, humanitarian intervention was used -- inappropriately -- as a pretext for infringing on the sovereignty of States. Such intervention was a blatant violation of the United Nations Charter. Human rights should be promoted with respect for sovereignty and mutual benefit. Addressing that serious issue would be a challenge for the international community in the new century.
SHEN GUOFANG (China) said the two world wars had brought humanity great tragedies, as well as the lessons that gave birth the United Nations Charter, in which the basic principle of sovereign equality and human rights were enshrined. During the cold war, human rights had become a tool of political confrontation between countries and of interference in other countries’ internal affairs. Those seriously violated the principles of the Charter. The principles of mutual respect and dialogue on an equal footing should be strengthened by the promotion of human rights.
With globalization developing at a rapid pace, he said, the realization of economic, social and cultural rights was urgent. As a first priority, poverty must be eradicated. The common ground for equal treatment of economic, socialand cultural rights with civilization and political rights should be translated into real action as soon as possible. The international community should also make genuine efforts to realize the right to development, as had been promised by leaders at the Millennium Summit a short while ago.
China would be taking part in the 2001 World Conference against Racism and in the preparatory meeting of the Asian region, he said. In addition, his country had scored great achievements in protecting and promoting human rights. It had steady economic growth, social stability, improving living standards and an ever more firmly implanted democracy, underpinned by the rule of law. The European Union should take off its rose-coloured glasses with regard to the human rights situation in China.
* *** *
Third Committee
26 October 2000
36th Meeting (AM)
Victims of torture should receive reparation commensurate with the gravity of the harm suffered, the Special Rapporteur on torture told the Third Committee (Social, Humanitarian and Cultural) this morning as it met to continue considering human rights issues, with a focus on the causes of human rights abuses.
Nigel Rodney said poverty contributed to the practice of torture. The majority of international attention fell high-profile political victims of torture, but the overwhelming majority of those subjected to torture and ill-treatment were ordinary suspects from the lowest strata of society who could not afford legal representation or who were unaware of their rights. Also, many law enforcement officials were underpaid, which eroded sympathy for their charges.
The “militaristic approach” of Myanmar’s authorities fostered poverty and food scarcity in that country, according to the Special Rapporteur on the human rights situation in Myanmar. In the absence of Rajsoomer Lallah, Bacre Waly Ndiaye, Director of the New York Office of the United Nations High Commissioner for Human Rights, introduced the Special Rapporteur’s report. It stated that large-scale forced relocations in ethnic areas were accompanied by forced labour, inhuman treatment and much graver violations of human rights, such as the “scorched earth” policy that deprived people first of food, then of all means of subsistence.
Myanmar’s representative responded by saying he had no choice but to reject the report. It was full of unsubstantiated facts. His country was in transition from a single party to a multi-party system, but it was not in denial. There were problems, but they should not be compounded by unfair and unjust pressures from powerful developed countries.
Responding to the report on his country, the representative of Burundi welcomed its confirmation of the effect of the economic situation on human rights. The report, by Special Rapporteur Marie-Thérèse Keita-Bocoum, had highlighted an increase in poverty despite the Government’s best efforts and the dropping of the embargo against Burundi. For the situation to improve, hostilities must cease. The forces of law and order themselves were now accused of activities such as summary executions.
As the first item today, the Committee concluded its consideration of the human rights situation in Iraq. On that issue, the representative of the Russian Federation asked the Special Rapporteur, Andreas Mavrommatis, to include more information in his next report on how sanctions affected human rights.
Also taking part in the question and answer segments with the rapporteurs and experts were the representatives of France (on behalf of the European Union), Libya, Kuwait, Iraq, Myanmar, Cuba, China, Denmark, Iraq and Burundi.
During the continued general discussion of human rights issues, statements were made by the representatives of France (on behalf of the European Union), Senegal, Democratic Republic of Korea and China.
The Committee will meet again at 3 p.m. to continue examining human rights issues and to consider draft resolutions.
Committee Work Programme
The Third Committee (Social, Humanitarian and Cultural) met this morning to continue considering human rights questions, including alternative approaches for improving the enjoyment of human rights and fundamental freedoms. The Committee was also expected to consider human rights situations and reports of special rapporteurs and representatives; implementation and follow-up to the Vienna Declaration and Programme of Action (1993); and the report of the United Nations High Commissioner for Human Rights. (For background, see Press Release GA/SHC/3603 of 24 October).
In addition to those documents, the Committee has before it the Secretary-General’s report on the situation of human rights in Myanmar (document A/55/509), which recalls that the Secretary-General’s role is one of good offices while the Special Rapporteur’s is more of fact-finding. He then describes activities of his Special Envoy since his appointment in April. Those included two visits to Myanmar, one from June to July and another in October. The Envoy had met with Myanmar officials and with leaders of the National League for Democracy (NLD) and the Shan Nationalities League for Democracy.
The Secretary-General states that the second meeting took place in what turned out to be a setback for national reconciliation. The NLD leaders were restricted from travel and confined to their homes. Dialogue between the groups was encouraged while the Secretary-General and the Envoy both consulted with the Government. Those authorities repeated that their Government was transitional, compelled to take power in 1988 to prevent the country from disintegrating. It noted that the NLD showed no desire to “work constructively”, while the NLD said it was ready for dialogue with the authorities at any time.
Further in his discussions with authorities, the Secretary-General says the Envoy stressed the need to deal with requirements of the International Labor Organization (ILO) regarding forced labour. He also conveyed widespread concern over issues such as imprisonments and other human rights issues. There was no response on when the Special Rapporteur’s visit could take place. The report concludes that, while the government had announced the reopening of universities, no other concrete progress could be reported on other issues of concern to the international community. However, the constructive dialogue with both Myanmar’s leadership and the NLD leaders gave hope that the process of national reconciliation would gain new momentum, particularly with the help of countries in the region.
Resumption of Dialogue with ANDREAS MAVROMMATIS, Special Rapporteur on Human Rights Situation in Iraq
Before turning to the agenda for today’s meeting, the Committee resumed its dialogue with Mr. Mavrommatis, suspended yesterday at the close of its afternoon session. The Chairperson took a moment to remind members that while the dialogues with experts and rapporteurs should be interactive and conducted in the spirit of flexibility, interventions should not be made in the form of what was essentially a right of reply. According to the rules of the General Assembly, time would be allocated at the conclusion of meetings for delegations to exercise their right of reply.
The representative of the Russian Federation wondered if the Rapporteur could include more information in his future reports about the impact of sanctions on the humanitarian situation in Iraq. The representative called on Iraq to cooperate with the Special Rapporteur to address the situation of missing persons. The representative of Libya asked the Special Rapporteur to clarify his position on the objectivity of the report. She added that representative said individual humanitarian tragedies in Iraq could not be examined without addressing the situation in total, including the effect of sanctions and of depleted uranium ordnance. The representative of Iraq expressed appreciation to the Special Rapporteur for indicating that he would review his work in light of the most recent report of the Secretary-General on the situation in his country. The representative of France, on behalf of the European Union, praised the work of the Special Rapporteur and the thoroughness of his report.
Responding, the Special Rapporteur said he had taken due note of the comments and questions, and he sincerely hoped that the cooperation expressed by delegations would lead to the successful fulfilment of his mandate. On the situation of missing persons, he said that he was open to suggestions and would provide assistance -- in cooperation with the International Committee of the Red Cross -- to both Kuwait and Iraq, to bring about swift resolution of that issue.
Introductory Statement, Human Rights in Myanmar
BACRE WALY NDIAYE, Director of the New York Office of the United Nations High Commissioner for Human Rights (UNHCHR) introduced the report on the situation of human rights in Myanmar. It had been prepared by Rajsoomer Lallah, the Special Rapporteur on that situation. In his message to the Committee, Mr. Lallah said he would review events since his report was issued in July.
Citing a number of incidents involving actions taken by Myanmar officials to restrict movements of the NLD and its leader, Daw Aung Sang Suu Kyi, the Special Rapporteur said the military authorities continued to favour the repression of all political activity over an engagement in genuine political dialogue. The policy was implemented by laws, orders and administrative actions designed to criminalize the exercise of normal political activity. It was also implemented by intimidation, harassment and restriction of the NLD, including by closure of NLD offices. It was a policy that violated fundamental freedoms, and because of the negation of political rights, the people had no say in the economic, social and cultural policies affecting their lives and their future.
The result of the Myanmar authorities’ militaristic approach was extreme poverty and the absence of food security in the country, he continued. Large-scale forced relocations in ethnic areas were accompanied by forced labour, inhuman treatment and much graver violations of human rights. Forced relocation had led to the “scorched earth” policy, which deprived suspected insurgents first of food, then of funds and resources, then of intelligence and information, and finally of the possibilities of recruitment. The policy was characterized by the army’s forcible confiscation, without payment, of food to feed itself; it then burned off the rest of the crop. In areas that continued to farm, compulsory sale to authorities was at a fixed price, leading to a food scarcity that had been documented.
An ILO delegation was set to visit next month to report on the forced labour situation, Mr. Lallah’s report concluded, adding that he regretted having to report each year on a human rights situation that did not improve. The situation could change if the authorities began a genuine political dialogue over its repressive solutions to an essentially political problem that was impacting on the entire region.
Questions and Answers
The representative of Myanmar responded to the report on his country by saying the Special Rapporteur of a country or region should be familiar with the culture he was examining. The report this year was as bereft of the crucial impartiality as ever. It read like slanderous graffiti on the walls of pro-colonialist armed insurgent camps, regrettably lacking credible references, documentary evidence and independent confirmation. Further, the report ignored positive information that had been posted on the Internet or furnished by the Myanmar Mission in Geneva. The report sought to resurrect old ethnic troubles. The Special Rapporteur’s lack of knowledge was evident in his projecting a small situation involving insurgents on the Thai border onto the whole of Myanmar. That was why Myanmar was reluctant to let the Special Rapporteur enter that delicate but promising border situation, regardless of the country’s high regard for the United Nations.
As for the report’s remarks on political freedoms, he recalled that backed his country was in transition from a single party to a multi-party system. Ten political parties were officially recognized. All but the foreign-backed NLD had been cooperative with the Government. The NLD refused to condemn armed insurgents. Its leader had even called for sanctions against her country unless she was allowed to take power.
His was not a country in denial, he concluded. There were problems. But they should not be artificially compounded by unfair and unjust pressures from powerful developed countries. For all of the above reasons, he said he had no choice but to reject the report in its totality.
MR. NDIAYE, Director of the UNHCHR New York Office, then said a number of the reports before the Committee were relevant to the discussion of human rights situations in various countries. Those included the report of the Independent Expert on the right to development (document A/55/302) and the Secretary-General’s report on globalization’s impact on human rights (document A/55/342). Also of particular significance were the report on cultural diversity (A/55/296), protection of migrants (document A/55/275), human rights education (document A/55/360) and regional strategies (document A/55/279). (See Press Release GA/SHC/3603 of 24 October).
Introductory Statement, Special Rapporteur on Question of Torture
SIR NIGEL RODLEY, Special Rapporteur on the question of torture and other cruel, inhuman or degrading treatment or punishment, introduced his report to the Committee (see press release GA/SHC/3601 dated 23 October). He stressed issues of special concern to his mandate, in particular overall trends and recent developments in the United Nations human rights mechanisms relevant to the issue. His focus this year had been on the following: gender-specific forms of torture; torture and children; torture and human rights defenders; reparation for victims of torture; and torture and poverty. He noted that since the last session of the Commission on Human Rights, he had undertaken fact-finding visits to Azerbaijan and Brazil. He regretted to inform the Committee that his requests for invitations to visit Algeria, Bahrain, China, Egypt, India, Indonesia and Tunisia remained unanswered.
He next briefly highlighted findings in the five areas of concern. On the issue of gender-specific forms of torture, he said that while he continued to transmit a large number of individual cases, mainly dealing with violence against women, he welcomed the Assembly’s adoption of the Optional Protocol on the Convention on the Elimination of all Forms of Violence against Women. In its general recommendations, the Convention’s monitoring body had enumerated the right not to be subjected to torture or other cruel and degrading punishment as among the rights that fell within the meaning of that instrument. On the question of torture and children, he noted that he had expanded his focus this year to include cruel and harsh treatment in non-penal institutions, as well as children in armed conflict. On torture and human rights defenders, he welcomed the Secretary-General’s appointment of a Special Representative to handle the issue. Human rights defenders were on the front lines of the Organization’s efforts at protecting and promoting human rights, and were key in denouncing violations of those rights. He said that he relied largely on the work of such defenders in the discharge of his mandate.
Turning to reparations for victims of torture, he said that the final report of the Independent Expert on the right to restitution incorporated basic principles and guidelines on the right to reparation for victims of violations of international and humanitarian law. According to those guidelines, the right encompassed adequate, effective and prompt reparation, proportionate to the gravity of the violation. Finally, on torture and poverty, he said that while the many high-profile political victims of torture caught the attention of the international community, his experience had shown that the overwhelming majority of those subjected to torture and ill-treatment were ordinary common criminal suspects from the lowest strata of society. They were the ones who could not afford adequate legal representation or who had no idea of what their rights were. He also noted that on a number of occasions his attention had been drawn to the fact that law enforcement officials were underpaid and housed in conditions calculated to erode any sympathy they might have for their charges.
Questions and Answers
Responding to the Special Rapporteur’s statement, the representative of Cuba expressed concerns about the effects of poverty as it related to torture. The representative also wondered about the impact of sanctions. The representative of China reminded the Special Rapporteurs that the Chinese Government had indeed issued an invitation to visit that country. The representative of Denmark expressed a series of concerns. She wondered if the Special Rapporteur had seen any indication of increased use of the threat of torture. She asked if vulnerable groups such as women and children were being targeted more frequently. She also asked the Special Rapporteur to elaborate on the Istanbul Principles referred to in his report. The representative of Iraq drew attention to the fact that economic sanctions constituted a means of cruel and unusual punishment and violence, and he hoped that the Special Rapporteur would give special attention to that point in his next report.
Before responding to the Committee’s comments and questions, the Special Rapporteur welcomed members’ words of support. As to the concerns of the representative of Cuba, he said that in describing the impact of torture on poverty, he had by no means intended to characterize the practice as a consequence of poverty. It was important, however, to draw attention to the fact that the poor were more prone to be victims of torture.
Turning next to the comment by the representative of China, he acknowledged the existence of a long-standing invitation to visit that country. However, that invitation, was unfortunately, not to undertake the standard mission he normally conducted in other countries. It was important to the fulfilment of his mandate that he should be allowed to conduct missions that followed the same standards, regardless of what country he was in. He hoped that the terms of the invitation would be broadened so as to be consistent with the standards prevailing in his other missions.
Responding to the series of questions by the representative of Denmark, the Special Rapporteur first said that he was not sure that he had seen increase in threats of torture. Sadly, what he had seen was that threats of torture now appeared to be standard practice. It was often forgotten, he continued, that torture did not have to be inflicted physically -- it could also be mental. In fact, physical forms of torture were designed to have an eventual mental effect, such as breaking down the will. However, the threat was often as effective as physical infliction of pain and suffering, if such a threat was issued in a context where it was credible, such as threats aimed at families or children. By and large, torturers were not sadists, he said. They wanted to get information as quickly as possible and threats of violence were often the best way to accomplish that. He said that while he had no quantitative data on whether vulnerable groups were targeted for threats of torture more often than other groups, he could say that those less inured to the practice would probably be susceptible to threats of violence.
Finally, he said that the Istanbul Principles had been developed at the initiative of medical groups working to heal the consequences of torture around the world. Medical practitioners had come together with human rights experts and lawyers to identify guidelines for effective investigation of torture. While there were international laws to that effect, what was missing was an exact spelling out of principles. He also noted the concerns of the representatives of Cuba and Iraq as to the impact of sanctions.
Introduction of Report, Human Rights Situation in Burundi
MARIE-THERESE KEITA-BOCOUM, Special Rapporteur on the situation of human rights in Burundi, said poverty had increased in the country despite the Government’s best efforts and the dropping of the embargo against it. Burundi suffered from the exploitation of ethnic differences by minorities, although some sectors were improving thanks to efforts by the Government, the international community and civil society. The new code of criminal procedure had brought about a bettering of conditions in such areas as freedom of speech. Torture, however, was still reported, as were abductions of women. Dismantling of camps had begun -- but people were now returning to the camps for security.
The economic situation had affected people’s human rights, she continued. There was a poor representation of women at decision-making levels. The main obstacles were tradition and lack of education. A measure on succession marriages was meeting with opposition, particularly from women.
As she had done in the report, she called for all parties to the conflict, especially the rebels, to come together and hold a dialogue. She said action must be taken to accelerate the advancement of women, particularly with regard to violence against them. AIDS must be attacked, as well as extreme poverty. Important levels of aid had to be given to the Office of the High Commissioner for Human Rights to help Burundi with its problems.
A peace accord had been signed in Arusha in August, but two rebel groups continued fighting on the ground. Radical Tutsis were also a factor in the Arusha agreement. Overall, the situation had deteriorated since August, with the forces of law and order appearing guilty of atrocities such as summary executions. The international community must use all efforts to induce the parties to cease hostilities before the entire peace effort was undone.
Questions and Answers
Responding to the report on his country, the representative of Burundi expressed his appreciation and said he would add to it. The friends of Burundi should help Burundi climb out from under the effects of war. Then reconstruction could begin. He appreciated the fact that the report confirmed how the economic and social situation affected the human rights situation. The rebels should join the peace process, as requested in a solemn appeal by Nelson Mandela, the facilitator of the peace talks, who had asked for an end to the massacre of women, children and the disabled. The rebels and their foreign supporters should end the violence.
Human rights violations should be condemned, regardless of who committed such actions, he continued. Burundi was trying to take steps against those who were killing civilians. The Rapporteur should be careful about ascribing blame when it could not be known who had done the killing. The grouping of people into camps had been a temporary measure to protect the people. The camps had been dismantled in July, even though thousands of Burundians still lived there of their own free will because of insecurity around their homes. Also, the equality of men and women was legislatively ensured, but it took time to change attitudes. War was the main reason for rights violations. Human rights offices were active throughout the Government, helping the country to restore people’s rights. The only solution, however, was for the war to end so that reconstruction could begin.
PATRICK HENAULT (France), speaking on behalf of the European Union and associated States, said he would survey the human rights situation around the world without giving a full picture of human rights violations of greatest concern. He would reserve expression of serious concern for the human rights situations in the Democratic Republic of the Congo, Sudan, Iraq and Iran. Focusing on progress would curb deterioration and support positive trends.
With that, he said his first preoccupation was the serious human rights deficiencies persisting in many countries where no significant progress had been noted in months. Those included the extensive use of the death penalty in China and the country’s continued serious breaches of fundamental freedoms. Also included were the situations in Syria, Laos, the Democratic People’s Republic of Korea, Cuba, Pakistan, Chad, Rwanda and Uganda. The High Commissioner should pay particular attention to situations in which civilian populations were victims, as in Sierra Leone, Timor and Chechnya. Further, special attention should be paid to situations in which civilian populations suffered violations of their rights because of unresolved conflicts in other regions, such as in the occupied Palestinian territories, Afghanistan, Sri Lanka, Jammu and Kashmir, Indonesia, Angola, Burundi, Somalia, Eritrea and Ethiopia, Guinea, Colombia and Cyprus.
Of the path to reconciliation, he said full respect for rights would be shown by the commitment of national leaders. That had occurred in Bosnia and Herzegovina, Kosovo, Congo and Guatemala. Encouraging signs must be translated into real progress, particularly with regard to human rights defenders and through the signing and ratification of human rights instruments. It must be remembered that progress on human rights and democratization were unfortunately not irreversible, as had been shown by situations in such countries as Fiji, the Solomon Islands, Peru and Haiti.
In conclusion, he said the fragility of progress in the field of rights demanded constant vigilance and a reinforced capability for supporting positive developments in order to consolidate them. The European Union was committed to contributing to that process both through its own actions and as part of the United Nations.
IBRA DEGUENE KA (Senegal) said he was convinced that his Government was actively working to ensure the respect of human rights and to consolidate the rule of law and ensure all freedoms, including those of religion and the press. Those initiatives also contributed to the building of democracy, he added. Senegal was of the opinion that no social or cultural condition could be used as a pretext for human rights violations. It was high time to address the notion that there were “rights” for the North -- political and civil -- and “sub-rights” -- social, economic and cultural -- for the South. All rights were universal and indivisible, he said. He called for consideration of a balanced approach that integrated all rights. He went on to welcome the statement by the European Union. He wondered however, if in its next intervention, that group could mention some of the successes that had been achieved in some countries in the area of human rights. Perhaps highlighting positive achievements and progress would be of benefit to the international community in its efforts to promote and protect human rights.
Senegal, he continued was a country in the midst of a peaceful transition aimed at developing new perspectives for strengthening the rule of democracy. A new constitution would be presented to the people of the country in January. The Government was exploring ways to expand the participation of women and youth into decision-making at all levels. Wide-scale legal reform was also being undertaken. Those and other initiatives reflected the commitment of the Senegalese authorities to promote and respect human rights. He noted that his delegation had been satisfied with the preparatory work for the upcoming World Conference against Racism. He hoped that pragmatic and action-oriented results emerged from that meeting. He was certain that the outcome of the regional preparatory conference in Dakar would contribute to the formulation of such strategies. He praised the report of the work of the High Commissioner as well as the report on the right to development. His delegation was in favour of setting up a mechanism for human rights observers and fact-finders to intervene in emergency situations.
MUN JONG CHOL (Democratic People’s Republic of Korea) said that while there were countless international conventions and covenants aimed at protecting humans from all forms of suffering or ill-treatment, it had still proved difficult for some nations to realize the right to life, the right to development, or fully exercise their human rights. Most of the world community’s focus tended to be on political rights and consideration of those who had been marginalized. That attitude had in effect sidelined important issues such as poverty eradication and the right to development. It was vital to respect the principle of fairness in interpreting international human rights instruments. The view should always be towards objectivity, not towards enforcing double standards. It seemed, however, that when human rights issues were addressed, humanitarian intervention was used -- inappropriately -- as a pretext for infringing on the sovereignty of States. Such intervention was a blatant violation of the United Nations Charter. Human rights should be promoted with respect for sovereignty and mutual benefit. Addressing that serious issue would be a challenge for the international community in the new century.
SHEN GUOFANG (China) said the two world wars had brought humanity great tragedies, as well as the lessons that gave birth the United Nations Charter, in which the basic principle of sovereign equality and human rights were enshrined. During the cold war, human rights had become a tool of political confrontation between countries and of interference in other countries’ internal affairs. Those seriously violated the principles of the Charter. The principles of mutual respect and dialogue on an equal footing should be strengthened by the promotion of human rights.
With globalization developing at a rapid pace, he said, the realization of economic, social and cultural rights was urgent. As a first priority, poverty must be eradicated. The common ground for equal treatment of economic, socialand cultural rights with civilization and political rights should be translated into real action as soon as possible. The international community should also make genuine efforts to realize the right to development, as had been promised by leaders at the Millennium Summit a short while ago.
China would be taking part in the 2001 World Conference against Racism and in the preparatory meeting of the Asian region, he said. In addition, his country had scored great achievements in protecting and promoting human rights. It had steady economic growth, social stability, improving living standards and an ever more firmly implanted democracy, underpinned by the rule of law. The European Union should take off its rose-coloured glasses with regard to the human rights situation in China.
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