MINISTERS SPEAKING BEFORE COMMISSION ON HUMAN RIGHTS OUTLINE NATIONAL POLICIES, REVIEW PROBLEMS ENCOUNTERED

HR/CN/99/3
23 March 1999 (a.m.)



A series of Ministers and Deputy Ministers spoke this morning before the Commission on Human Rights, variously describing their nations' efforts to respect fundamental freedoms, citing problems encountered, and reviewing issues of concern internationally.

Ural Latypov, Minister for Foreign Affairs and Vice Prime Minister of Belarus, told the Commission that while there were standards for human rights, each country must solve its human-rights problems in its own fashion. Belarus, a country in transition from a planned to a market economy, was pursuing a gradual economic transition encompassing respect for human rights.

Joschka Fischer, Minister for Foreign Affairs of Germany, who spoke on behalf of the European Union, said violations of fundamental human rights remained the order of the day in many countries. He cited the current situation in Kosovo and the barbaric massacre at Racak as examples of the urgent need for specific action in the promotion of democracy and human rights. As examples of prevailing suppression of human rights in China, he cited the action taken against political dissidents and the very severe prison sentences imposed upon civil rights activists. The European Union urged China to ensure concrete improvements in the human rights situation and to respect democracy and the rule of law.

Also addressing the session were Mate Granic, Deputy Prime Minister and Minister for Foreign Affairs of Croatia; Bronislaw Geremek, Minister for Foreign Affairs of Poland; Martin Palous, Deputy Minister for Foreign Affairs of the Czech Republic; Jose Ayala Lasso, Minister for Foreign Affairs of Ecuador; and Jean Martin Mbemba, Minister for Justice of the Republic of the Congo.

Mr. Granic said, among other things, that the security situation in the country had improved following difficulties earlier in the decade, and that the important task now faced by the Croatian Government was in helping the returning refugees and displaced persons; international aid for reconstruction of housing and the Croatian economy was needed, he added.

Mr. Geremek noted that opinions had been expressed here and there that human rights were a European invention, and that whoever tried to implement them in other parts of the world committed a blatant act of cultural imperialism; but in fact no human culture worth its name would dispute the axiom that all human beings were born free and equal in dignity and rights; those who preached that only Europeans were born free and equal ignored their own traditions and strained logic.

Mr. Palous told the Commission that the solution to human rights problems should start at home. The years of lack of freedom and oppression in the Czech Republic had taught the country to have a high regard for all expressions of open criticism of oppression within the international arena. Based on its own history, the Czech Republic intended to defend those who found themselves in similar violations of their basic rights and to take up a special initiative by proposing a country-oriented resolution.

Mr. Ayala Lasso, who earlier served as the first High Commissioner for Human Rights, remarked, among other things, that Ecuador recently had developed and put into effect a national human rights plan that focused on protecting the most vulnerable members of Ecuador’s society.

And Mr. Mbemba described the Government’s efforts to end years of civil war in the Republic of Congo.

The Commission, beginning the second day of its fifty-fifth session, also reviewed organization of its work for the next six weeks and set ground rules for speaking and introducing draft resolutions. Several national delegations called for establishment of an intersessional working group to develop a plan for reforming and rationalizing the Commission's working mechanisms.

Speaking at the morning meeting were representatives of Sri Lanka, India, Bangladesh, Bhutan, Cuba, and Pakistan.

The Representative of Pakistan, speaking on behalf of the Organization of the Islamic Conference (OIC), said that the OIC found it extremely disturbing that in past sessions of the Commission attempts had been made to cast Islam in a negative light -- the OIC thought these efforts were in fact deliberate and amounted to slander. The OIC called for participants in the Commission to avoid criticizing others' religions and for all to avoid abusing the right to freedom of expression through criticizing of religion.

The Commission will reconvene this afternoon at 3 p.m. and is expected to take up agenda items dealing with the report of the High Commissioner for Human Rights and with the right to self-determination.

Statements

URAL LATYPOV, Minister for Foreign Affairs and Vice Prime Minister of Belarus, said his country respected human rights and considered them the foremost obligation of the State; it must be noted, however, that while there were standards for human rights, each country must solve its human rights problems in its own fashion; for countries in transition from planned to market economies, the process towards democratic and open societies was complex and required careful strategic planning. The strategy adopted by Belarus was a gradual transition encompassing respect for human rights. There had been setbacks, of course, but Belarus was forging ahead, and it was worth noting that the country was one of the few in the post-Soviet region that had not seen a single drop of blood shed in internal or border conflicts. The country was a multi-religious State where the right to religion was respected, and it was seen as a safe haven to which refugees from other States in the region fled -- in fact, illegal immigration was becoming a problem.

The Special Rapporteur on the right to freedom of opinion and expression had visited Belarus, and this year the Special Rapporteur on religious intolerance would visit, the Minister said; Belarus was always willing to work in good faith with the Commission and with other international human-rights bodies. Belarus had benefited from cooperation with European democratic and human-rights institutions, and saw itself as part of Europe. One aspect of human rights that needed greater attention was environmental damage, Mr. Latypov said; for example, the consequences of the Chernobyl nuclear disaster were still being felt by Belarus's population. Open dialogue based on mutual respect and cooperation was the only way to pursue human-rights progress in the international arena.

JOSHKA FISCHER, Minister for Foreign Affairs of the Federal Republic of Germany, on behalf of the European Union, said that fifty years after the Universal Declaration of Human Rights, "expectations and reality are still far apart." Violations of fundamental human rights remained the order of the day in many countries. There were violations against women, children, the poor, old people and refugees. He cited the current situation in Kosovo and the barbaric massacre at Racak as examples of the urgent need for specific action in the promotion of democracy and human rights, which were the best means of safeguarding peace worldwide.

Mr. Fischer stated that the key lesson to be learned from the Asian crisis last year was that the freedom of the economy was contingent upon freedom of the individual, and the freedom of the individual was contingent upon the observance and constitutional guarantee of human rights.

He underscored that the objective during this session must be to achieve results that were as concrete and practical as possible. He recommended, among others, the adoption of the Statute of Rome and its ratification so that the International Criminal Court could commence its work, the elimination of the death penalty, and that priority be given to women's and children's rights.

Mr. Fischer spoke of the economic, legal and personal freedom situation in China. The frequent imposition of the death penalty in that country did not comply as with established international standards. While China had achieved considerable progress toward modernization, more progress should be achieved in the granting of democratic rights. As examples of prevailing suppression of human rights in China, he cited the action taken against political dissidents and the very severe prison sentences imposed upon civil rights activists which he called “unacceptable.” The European Union urged the Chinese Government to ensure that progress in the international sphere be followed by concrete improvements in the human rights situation and in respect of democracy and the rule of law. There should be swift ratification and implementation of the two international covenants on human rights signed by China last year.

MATE GRANIC, Deputy Prime Minister and Minister for Foreign Affairs of Croatia, said last year marked the fiftieth anniversary of the Declaration of Human Rights but a lot remained to be done to improve the general human rights situation in the world. The new millennium should be looked at as the "century of human rights". The Commission played a crucial role in the protection and promotion of human rights world wide.

Mr. Granic, among other issues, briefed the Commission on Croatia's achievements. The security situation had improved and the important task of the Croatian Government was the return of the refugees and displaced persons. However, Croatia needed international aid for the reconstruction of housing and the economy.

It was the seventh year in succession that Croatia had been under the mandate of the United Nations Special Rapporteur, Mr. Granic said. Croatia had been open to cooperation with the Special Rapporteur as well as other international agents such as the mission of the Organization for Security and Cooperation in Europe and other international and non-government organizations. However, Croatia had never received a report with an evaluation of the mutual cooperation in terms of its fulfilling the Rapporteurs recommendations. Consequently, the Rapporteur's mandate was being automatically prolonged without any comprehensive review of the human rights situation which was a cause for dissatisfaction.

Mr. Granic thanked the Office of the High Commissioner for Human Rights in Geneva as well as its regional office in Zagreb. Croatia had signed and ratified all relevant human rights conventions. He underlined the importance of entering the next millennium as free of prejudice as possible and resolved to achieve as much as possible in the field of human rights.

BRONISLAW GEREMEK, Minister for Foreign Affairs of Poland, said one heard opinions here and there to the effect that human rights were a European invention, and that whoever tried to implement them in other parts of the world committed a blatant act of cultural imperialism; but in fact no human culture worth its name would dispute the axiom that all human beings were born free and equal in dignity and rights; those who preached that only Europeans were born free and equal ignored their own traditions and strained logic. There was no mistaking the course of history: observance of human rights was improving in a growing number of States, and those States were faring better because of it. Nigeria, for example, had returned to democracy thanks to the tireless and courageous efforts of a group of human-rights defenders.

Some trends were clear, Mr. Geremek said. States with a record of respect for human rights did not fight wars with each other; had not experienced the scourge of endemic starvation; helped others in time of need; and in general were good international neighbours. It was clear that dichotomising political and economic rights was wrong; both were reinforcing and equally important; and it was blindingly obvious from the experience of various dictatorships that only free people could wage a winning war against poverty.

While human-rights outrages were easiest to spot in countries run by dictatorship, democratic States were no strangers to such violations, either, Mr. Geremek said. Examples included the problems faced by minorities in western Europe or north America, or intolerance affecting the Roma and Sinti peoples in central and eastern Europe, Poland, sadly, being no exception. It was important to make the United Nations' human-rights machinery more responsive, he added, among other things by strengthening the Commission's preventive capacity and by strengthening the financial and human resources of the High Commissioner's office.

MARTIN PALOUS, Deputy Minister for Foreign Affairs of the Czech Republic, underscored the need for a consistent and active global human rights policy based on the principle of the indivisibility and universality of those rights. He raised the question posed by the Czech Republic President, Vaclav Havel, on the occasion of the fiftieth anniversary of the Universal Declaration of Human Rights, by asking who else but the United Nations should take the responsibility of human rights worldwide?

Mr. Palous said that the solution to human rights problems should start at home. He cited the Czech Republic shortcomings in the protection of the rights of ethnic minorities and the human rights debt to "Roma" as being both challenges as well as opportunities toward this effort. He cited Charter 77 to underscore the need to improve communication between governmental agencies and the intermediary bodies of civil society, and in an ever increasing measure the communication between representatives of Governments in the international arena.

Mr. Palous said that the years of lack of freedom and oppression in the Czech Republic had taught the country to have a high regard for all expressions of open criticism of oppression within the international arena. Based on its own history, the Czech Republic intended to defend those who found themselves in similar violations of their basic rights and to take up a special initiative by proposing a country-oriented resolution.

JOSE AYALA LASSO, Minister for Foreign Affairs of Ecuador, said establishment of the Office of the High Commissioner for Human Rights had been a long and difficult process, but in a short time, the institution had become a leading object of international respect, and many international missions had been undertaken under its auspices; the Office was now being effectively staffed and managed.


Ecuador and Peru recently had settled a delicate and difficult territorial dispute, Mr. Ayala Lasso said; peace had been established; the agreement, reached last year, was regarded as an effort by those countries in keeping with the spirit of the fiftieth anniversary of the Universal Declaration of Human Rights. Now Ecuador was facing a financial crisis and again there was an international component; it clearly was necessary for worldwide capital flows to be both free and subject to fair controls; that protected nations from arbitrary and sudden shifts in investment and trade flows.

Ecuador punished and would punish various perpetrators of human-rights abuses, Mr. Ayala Lasso said, although such problems were rare; past difficulties with human rights in the country were being rectified; a national human-rights plan had been drawn up and put into force that emphasized protection of the more vulnerable members of Ecuadorean society. Representatives of the High Commissioner for Human Rights had visited Ecuador recently to review and advise the country on its national plan for human rights, and had said the policy was exemplary.

Ecuador supported the recommendations of the Working Group on the human rights of migrants, and hoped a Special Rapporteur would be appointed for the topic, the Foreign Minister said; it also supported the forthcoming World Conference Against Racism. He and his country hoped for further progress in the human-rights field, as such progress represented hope for the entire world.

MARTIN MBEMBA, Minister of Justice of the Republic of Congo, said his country had managed to put an end to the one-party system of Pascal Lissouba, to put an end to tribalism, to foster freedom of press and to allow democracy to prevail. Mr. Lissouba's regime was marked by disillusionment, a period marked by violations of human rights, forced exile of politicians, and embezzlement of funds among other things. No contributions were made during the five years of iron rule of this regime.

Mr. Mbemba said that from November 1992 to March 1994, thousands were killed in the civil war. The armed groups had deprived the Republic of Congo of their rights. Armed groups raped and looted as they went. These armed groups had taken hostages from villages.

In June 1997 a second civil war by Mr. Lissouba was started. In this war more than 15,000 have died. Everything had been done to put an end to this war. Mr. Mbemba said the Republic of Congo had further undertaken to stop the war, to restore peace, freedom and rights of the people of the Congo, and to support reconciliation.

S. PALIHAKKARA (Sri Lanka), speaking on behalf of the Asian Group, reiterated the need for the Commission to further develop areas of cooperation, consultation and consensus building measures in the context of enhancing its effectiveness. He also recommended that the Commission follow through the actions that emanated from the sessions in order to further refine and streamline the work methods. The Asian Group was of the view that consultations and negotiations on all draft resolutions be considered by the Commission with at least 24 hours notice to ensure that not more than two consultations were held at the same time.

H.K. SINGH (India), speaking on behalf of Algeria, Bangladesh, Bhutan, Cuba, China, Egypt, Indonesia, Iran, Libya, Myanmar, Nepal, Pakistan, the Philippines, Sri Lanka, Sudan, and Malaysia, said it was clear that serious efforts needed to be made to achieve the shared goal of enhancing the effectiveness of the Commission and its mechanisms; however, it was essential that agreement be first arrived at on a process which would enable all States to contribute effectively to such a discussion; meanwhile other important issues had to be discussed and the Commission had begun work under a new agenda; hence no single issue should dominate the proceedings. It was clear that neither the current nor the previous bureau had any formal mandate to conduct consultations or negotiations on the relevant report; it was important not to repeat the mistakes of the past and engage in an hoc and selective consideration of the topic; rather, the matter should be taken up in an open manner by an open-ended inter-sessional working
group; a draft resolution would be developed to this end.

IFTEKHAR CHOWDHURY (Bangladesh) said his country associated itself with the statement made by Sri Lanka; any move towards reform should not be cosmetic but genuine; reforms should aim at advancing human rights globally, on an even footing. There were some perceptions that the decisions of the Commission lacked consistency and it often was called a forum for "sterile confrontation"; unfortunately this impression undermined the credibility of the body. In analysing the dynamics of such confrontations, Bangladesh had found that lack of adequate consultation or dialogue tended to lead to situations of non-compliance and in extreme cases to intransigence -- a vicious cycle of confrontation and non-cooperation. Reform efforts should address these problems seriously not only to enhance the effectiveness of the Commission but its credibility.

BAP KENANG (Bhutan) stated that his country fully supported the Commission objective formulated by the Ambassador of Sri Lanka which sought to improve the methods of work of the Commission. Bhutan was ready to work towards that end. The review of the mechanisms of the Commission and the resulting report of the Bureau deserved appreciation and the Commission should now concentrate on the process forward. The Commission should seriously consider the proposal put forward by the distinguished representative of India which called for the establishment of an open-ended inter-sessional working group to consider the Bureau's report and its related submissions.

MIGUEL ALFONSO-MARTINEZ (Cuba) said his country considered all items on the agenda of interest; it felt that no single item, even item 20, should dominate the rest; further, substantive discussion of such items could only take place in plenary session. Seriously addressing reform of Commission mechanisms required discussion in plenary -- no other fora, such as an open-ended working group, could undertake such an important task. Of course informal consultations also had a role to play under the role of the Bureau, particularly involving the mechanism for adopting reforms; Cuba thought that consensus should be the basis for any final decisions. Methods of work of the Commission were extremely ripe for reform, as they often made the Commission deaf, blind, and practically dumb.

MUNIR AHRAM (Pakistan) said the people of Kashmir knew of the syndrome of human rights violations through neglect; however, it was also important to avoid construing human rights in ways that were narrow and limited and could contribute more to human wrongs that to human rights. The report on rationalizing the Commission's work was meant to be the product of transparent negotiations and comprehensive work under the auspices of last year's Bureau; a good job had been done; now the Commission had to launch a process to carry on with the work. The issues raised were so important that decisions taken must be based on consensus and after transparent consideration; rushing into action would not be a good idea; mutual reassurance was needed on this process so that overall reform would work.

Now speaking on behalf of the Organization of the Islamic Conference (OIC), the representative of Pakistan went on to say that the OIC found it extremely disturbing that in past sessions of the Commission attempts had been made to cast Islam in a negative light -- the OIC thought these efforts were in fact deliberate and amounted to slander. The OIC called for participants in the Commission to avoid criticizing others' religions and for all to avoid abusing the right to freedom of expression through criticizing of religion.

The OIC also felt that negotiations within the Commission still often lacked transparency, non-selectivity, and objectivity; that especially was true of country-specific resolutions; structured negotiations and consultations on various resolutions and proposals should be instituted to avoid such problems. The OIC supported establishment of an open-ended intersessional working group to consider reform of Commission mechanisms.