NGOS ALLEGE VIOLATIONS OF CIVIL AND POLITICAL RIGHTS IN NUMEROUS COUNTRIES

Commission on Human Rights
57th session
5 April 2001
Evening





A series of non-governmental organizations (NGOs) speaking before the Commission on Human Rights this evening charged that violations of civil and political rights were occurring in numerous countries and regions.

The Commission’s agenda item on civil and political rights covers torture and detention; disappearances and summary executions; freedom of expression; independence of the judiciary; administration of justice; impunity; religious intolerance; states of emergency; and conscientious objection to military service.

NGOs alleged that offenses falling into one or another of these categories were occurring in Chechnya, Peru, Iran, Afghanistan, Israeli-occupied Palestine, China (including Tibet), Indonesia, Pakistan, Saudi Arabia, the Philippines, Sri Lanka, Indian-occupied Kashmir, Tunisia, and Turkey.

A number of organizations cited impunity as a serious problem, and one of them, Human Rights Advocates International, urged the Commission to appoint an Independent Expert on the topic who could disseminate information on successful measures for ending impunity and could prepare an updated version of the Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity.

The following NGOs contributed statements during the evening session: Transnational Radical Party; International Commission of Jurists; Andean Commission of Jurists; Organization for the Defence of Victims of Violence; Arab Lawyers Union; International Fellowship of Reconciliation; Robert F. Kennedy Memorial; European Union for Public Relations; Conscience and Peace Tax International; South Asia Human Rights Documentation Centre; International Association for Religious Freedom; Third World Movement against the Exploitation of Women; Australian Council for Overseas Aid; Netherlands Organization for International Development Cooperation; International Federation of Journalists; Colombian Commission of Jurists; France-Libertes - Fondation Danielle Mitterrand; International Islamic Federation of Student Organizations; Pax Christi International; Movement Against Racism and for Friendship among Peoples; and International Association of Democratic Lawyers.

Ukraine spoke in exercise of the right of reply.

The Commission will carry on with its discussion of civil and political rights when it reconvenes at 10 a.m. on Friday, 7 April.

Statements

OUMAR KHANBLEV, of Transnational Radical Party, said that on 2 February, 18 medical personnel, including himself, were arrested in Alkhan Kala locality, the Chechen Republic, which was bombarded, including the hospital. On the nights of 2 and 3 February, they were taken to a military camp near Tolstoi-Iourt where they were subjected to beatings, ill-treatment and humiliation. Six people died of their wounds. The cruelty and inhumanity the medical personnel were subjected to was shocking and heartbreaking. For three weeks, the medical personnel were held in a sorting camp.

Today, there were more than 800 sorting camps in the Chechen Republic. There were more than 20,000 disappeared persons and approximately the same number were being held in sorting camps. Summary executions were on the rise, as was the number of refugees. According to estimates by the Chechen Ministry of Health in August 2000, there were 87,000 dead from the ongoing conflict, 200,000 injured, more than 30 per cent of the population was displaced and 90 per cent of the medical institutions were destroyed. All kinds of weapons were being used.

(The statement was interrupted on a point of order).

FEDERICO ANDEU GUZMAN, of International Commission of Jurists, said that impunity was a violation of the international obligation of States to investigate and judge the authors of grave violations of human rights. The Committee on Human Rights had declared that acts of amnesty by many countries were incompatible with the international obligations of States.

The International Commission of Jurists hoped that the Government of Peru would establish promptly a truth commission on human-rights violations. Violations committed between 1980 and 1995 had not been investigated and the authors enjoyed impunity. In a recent judgement by the Inter-American Court of Human Rights, Peru's amnesty law had been declared incompatible with Peru’s international obligations.

RENZO CHIRI MARQUEZ, of Andean Commission of Jurists, said the situation in Peru was of particular concern. The electoral process in 2000 had been roundly criticized by national and international observers. President Fujimori had entered office under strong protest from the population, which showed its discontent with and distrust of the electoral process. The Government's lack of credibility had been further undermined by the dissemination of information that the armed forces and the President's advisor, Vladimiro Montesinos, were involved in the trafficking of weapons to armed groups in Colombia.


During Fujimori's term, grave violations of civil and political rights were committed, notably violations of freedom of expression, political participation and the right to a fair trial -- all of which were fundamental rights enshrined in the Universal Declaration of Human Rights

YADOLLAH MOHAMMADI TEHRANI, of Organization for Defending Victims of Violence, said the terrifying and worrisome serial killings with a focus on Iranian writers and intellectuals were strongly condemned. Although the Government had adopted certain positive measures in that response, there should be necessary measures to guarantee that such violence did not recur. Terrorism was a flagrant violation of human rights and had always been condemned by many States and organizations.

Israeli military courts continued to violated human-rights standards in the occupied territories. It had been reported that extra-judicial killings continued to be a regular pattern in the current crisis. Also, torture methods was extensively used during interrogations. The violations of the civil and political rights of Shia Muslims in Afghanistan, including Hazaras and Tajik Shia, by the Taliban, had mounted to such a regrettable level that the Commission should pay attention.

NABIL ABDULWAHAB, of Arab Lawyers Union, said the human-rights violations of the Palestinian people continued, as evidenced by the report of the High Commissioner and the media. Israel took very light-heartedly UN resolutions. Some of Israel's allies were preventing the international community from taking measures to put an end to the persistent violations of the rights of the Palestinian people.

The embargo on Iraq had prevented the supply of medical aid to the population and had led to the deaths of 1.5 million people. The ALU called for the embargo against Iraq to be lifted. It also called for sanctions against Libya to be lifted.

JONATHAN SISSON, of International Fellowship of Reconciliation, said that in 1999, public attention had been drawn to restrictions on religious freedom in China; there had been mass protests and subsequent repression of the Falun Gong sect. But such repressive policies had long been practices of the Chinese Government in Tibet, where 73 per cent of the 451 known political prisoners were clergy, while thousands of others had been expelled from their religious institutions for political reasons in recent years.

It was ironic to report that while the Chinese authorities prided themselves in having funded the lavish renovation of certain well-known monasteries which served as tourist attractions, those same institutions were being emptied from within by repressive political policies. In 1996, the national "strike hard" campaign had been launched in China. Although the official aim was to combat crime and corruption, in Tibet the campaign was directed against "splittist" activity, such as support for Tibetan independence and allegiance to the Dalai Lama.

SONI SETYANA, of Robert F. Kennedy Memorial, said Indonesian military, police and other Government agencies continued to practice with impunity torture, disappearances, and arbitrary detention against those who criticized the Government. The civilian leadership had been unable to stop -- and in some cases had supported -- human-rights violations perpetrated by the security forces.

Human-rights violations were actually increasing and becoming more severe in the conflict areas of Aceh and Papua. In Aceh, incidents of torture, disappearances and arbitrary detention had dramatically increased, reflecting a deterioration in the conflict between the central Government and the armed Aceh Freedom Movement. Based on monitoring conducted by an Acehnese human-rights NGO, from January 2000 through February 2001 there had been 673 killings, 520 arbitrary arrests, 161 disappearances, and 907 cases of torture. In Papua, a human-rights organization had recorded 80 cases of summary execution and 500 cases of torture and arbitrary detention. Trials of prisoners were conducted in an atmosphere of intimidation and secrecy, and the Indonesian Government refused to allow international observers to monitor trials.

LAZARO T. MORA SECADE, of European Union for Public Relations, said the organization was concerned that the Working Group on enforced or involuntary disappearances, which was established in 1980, had received 49,500 complains and that only 3,500 had been elucidated while 46,000 were still unresolved. Forty-nine countries were concerned, and 13 of them were in Latin America.

Enforced disappearances were a grave problem which continued in many parts of the world and affected the rights to life, integrity and dignity of person. The problem was something which could be resolved, but instead amnesty laws in many countries perpetuated impunity. The independence of the judiciary could not be a pretext for a Government not to punish those who committed human-rights violations. The families of victims deserved the know the truth and impartial implementation of justice was essential.

BART HOREMAN, of Conscience and Peace Tax International, said he represented several thousand people around the world who objected to paying for war. They were conscientious objectors because they were forced by their Governments to pay taxes that were spent for military purposes. Their Governments forced them to take part in war preparation.

They were not allowed to have freedom in this respect; they were not allowed to live according to their deepest beliefs and to commit themselves to be completely peaceful. They were forced to contribute their tax money to bombings, to killings, to the upkeep and further development of weapons of mass destruction. Thus they were made accomplices in the killing of fellow human beings and their right to be peaceful and live according to their consciences was denied. If they objected to paying taxes for war and war preparation, they faced imprisonment, their bank accounts and their property could be confiscated and even their homes could be seized.

PETRA DE LEEUW, of South Asia Human Rights Documentation Centre, said Pakistan remained one of the most glaring examples of religious intolerance. The military regime in place had done little to protect the rights of non-Muslim minorities. With the continuation of blasphemy laws and the Hudood Ordinances, Governmental and legal structures had elevated Sunni Islam over all other religious beliefs while sanctioning discrimination against non-Muslims and Shiite Muslims. Crimes against religious minorities such as Christians, Hindus, Ahmadis and Shiite Muslims persisted while Sunni Muslim perpetrators faced little or no consequences. Religious minorities were deprived of equal access to justice.

Women had particularly suffered under the Hudood Ordinances, as they were frequently charged for sexual misconduct such as adultery.

GIANFRANCO ROSSI, of International Association for Religious Freedom, said that last year the Commission adopted a resolution on the question of defamation of religions. The Commission expressed its deep concern also about the fact that Islam was too often associated with violations of human rights and terrorism. It must be stated clearly that the Islam of the Koran and Prophet Mohammed was a religion of tolerance and freedom, a religion that respected human dignity. The media frequently depicted Islam as a religion of intolerance. Who gave the media the opportunity to defame Islam in this way ? What image of Islam was given to the world by Islamic extremists who spread terror in Algeria and killed old people, women and children? Or by the Taliban who destroyed statues that were the heritage of humanity and who conducted an absurd and brutal policy against women?

Similarly, Saudi Arabia did not offer the world a positive image of Islam. Saudi citizens, especially women, did not enjoy universally recognized human rights and the religious freedom of non-Muslim foreign workers was seriously violated in that country.

RAFENDI DJAMIN, of the Third World Movement against the Exploitation of Women, said that in Indonesia up to 7,700 cases of gross violations of human rights in Aceh had occurred during the implementation of the military operation there between 1989 and 1999, and 540 cases had taken place after the withdrawal of military operation status in August 1998. None of the cases had been brought to court.

The new administration under the leadership of the democratically elected civilian Government still had been unable to bring the perpetrators to justice. The situation in the Moluccas continued to be of serious concern despite the implementation of a state of emergency in June 2000. The security forces had failed to contain a communal conflict which should have been settled within a period of two months. That failure was largely caused by the fact that Indonesian armed forces and the police were involved in the conflict.

PUTRI ASTRID KARTIKA, of Australian Council for Overseas Aid, said the organization was concerned about independence of the judiciary, law enforcement, and impunity in Indonesia. The situation was not promising. So far, independence of the judiciary had got no further than words on paper. As for law enforcement, the Government seemed to have been ambivalent and discriminatory in its treatment of suspected economic criminals (corruption cases). The prosecution of former President Suharto had gone nowhere, while his son was now a fugitive. No single high-profile economic criminal had been jailed.

Also of concern was the weakness of the enactment law establishing a human rights court. The law provided the opportunity for human-rights violations to be adjudicated by the Commission for Truth and Reconciliation, which could strengthen impunity, since emphasis was placed on reconciliation with victims. The police, in particular, had not fully lost their military character and the Government was a party to human-rights violations as its security forces continued to commit acts of violence and to permit continued violations of human rights and social conflicts.

IKRAVANY HILMAN, of the Netherlands Organization for International Development Cooperation, said the phenomenon of enforced or involuntary disappearances was often attributed only to Latin America, but was also a grave problem in Asia. So far, 1,687 cases of disappearances in the Philippines, 3,000 in Kashmir, 175 in Thailand and 1,034 in Indonesia had been documented.

The situation in Indonesia had started with the New Order regime in 1965 and its effort to destroy the Indonesian Communist Party. Other incidents of disappearances had kept taking place until now, in different contexts and conflicts. The Indonesian Government was urged to investigate all cases of disappearances, to prosecute perpetrators, especially with a view to ending impunity, to provide truth to families, and to prevent disappearances in the future.


EZKI TRIREZEKI WIDIANTI, of International Federation of Journalists, said that according to its data, the press in Indonesia had been targeted in at least 71 attacks in 2000, and 44 per cent of them were committed by civil society. The violence took place in various forms such as killings, kidnapping, torture of journalists, vandalism, attacks on and occupation of mass media offices. Security guards of several political parties had also been involved in incidents targeting media that reported unfavourably on their parties. Especially in areas of internal conflict, journalists had been exposed to violence and intimidation.

The Indonesian Government was not doing enough to protect journalists. Despite information on perpetrators, no cases had been brought to court. The underlying factor was that in some cases the perpetrators were linked to certain political groups and were protected by the military and police.

NATALIA LOPEZ ORTIZ, of Colombian Commission of Jurists, said military courts were responsible for human-rights violations in many countries. While military jurisdiction should be limited to certain cases involving military matters, such courts continued to hear cases of a civilian nature. In that manner, cases of human rights violations attributed to military officers remained unpunished. In many Latin American countries, military courts continued to hear cases of violations in which lower-ranking officers were charged and where the judgements ended in their dismissal from the military. However, many of those who were dismissed later joined the paramilitary groups which still committed human-rights violations in many Latin American countries.

States where cases of disappearances were reported should continue to implement impartial justice and to prosecute perpetrators. The families of victims were entitled to compensation.

GWEN YOUNG, of Human Rights Advocates International, said the Commission had recognized that impunity was an obstacle to the observance and implementation of international human rights. Human Rights Advocates asked the Commission to vote in favour of an appointment of an independent expert on impunity. The expert would prepare an updated version of the Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity. The ultimate aim would be the adoption of these principles by the Commission.

Such an expert could serve as a focal point for compiling guidelines on designing and regulating effective anti-impunity measures and providing these guidelines to UN actors. He also could disseminate information on successful legislative or executive measures for combatting impunity and could offer advice on designing effective amnesty and reparations processes.

MELANIE LE VERGER, of France Libertes - Fondation Danielle Mitterrand, said that Tunisian prisons were crowded and conditions were abhorrent. The number of prisoners varied between 25,000 and 30,000, dispersed in 30 prisons around the country. About 6,000 inmates were being held in a prison with a capacity of 1,600.

The conditions in these prisons were cruel, inhuman and degrading. The food supply for prisoners was deplorable: the only food they received was soup served twice a day. In addition, some prisoners were discriminated against in terms of receiving food. In general, the integrity and human rights of prisoners in Tunisia were violated by the way they were detained and in the manner in which they were treated. Hunger strikes were frequent and the rate of suicide was high. In Turkey, too, prison conditions were alarming and the practice of solitary confinement had prompted many prisoners to commit suicide.

GHULAM MUHAMMAD SAFI, of International Islamic Federation of Student Organization, said the situation of human rights in Indian-occupied Kashmir had only deteriorated since the last session of the Commission. There had been more killings and more civilian massacres. Hundred of new cases of extra-judicial and custodial killings, torture, enforced and involuntary disappearances, and rape had taken place.

The normal pattern of torture included severe hitting with thick sticks and rifle butts for long periods at a stretch on the back, thighs, and soles of the feet. This resulted in either death or permanent damage to limbs. Electrical shocks to sensitive parts of the body were administered and water was thrown on the body while the shock was being administered. Keeping a lighted stove between the legs and forcing the person to bend over the stove was a common practice which that often resulted in burning the lower parts of the body. People were forced to sit in the cold or walk barefoot on the snow. The legs were forced apart in a jerk to make the rectum bleed. Forcing the head of a person under water and holding it until he suffocated or dousing him with icy water or boiling water were other routine methods.

MICHAEL HOVEY, of Pax Christi International, said that in recent decades more and more people around the world had come to the conclusion that conducting war was not a productive way to resolve conflict, and in fact only exacerbated problems. People had become increasingly aware of the pervasive and extensive and destructive effects of war on various segments and areas of society, and were seeking ways -- often through the mechanisms of the United Nations -- to limit or abolish those effects.

At the same time, recent decades had provided stirring examples of the effectiveness of non-violent social action, as peoples and nations were freed of oppressive leaders and systems of government through the use of non-violent "people power". Unfortunately it was true that there was a lamentable number of violent conflicts being fought around the world today, some of which seemed absolutely intractable and unending.

JEAN-JACQUES KIRKYACHARIAN, of Movement Against Racism and for Friendship among Peoples, said discussion, the exchange of ideas and false propaganda should not be confused. Racist ideas and negationist ideas should be prohibited. Appeals to hate, discrimination, apologies made for fascist regimes -- they were not discussion. The law must clearly define what was licit and what was apology for crime.

Further, States must undertake all efforts to sensitize theirs populations to the threat that racist ideas posed -- not to one segment of the population, but to society as a whole. The German people had painfully learned this in the last century.

PALPINA SAHUREKA, of International Association of Democratic Lawyers, said that it appeared that in cases of gross violations of human rights and crimes against humanity that there were two different languages: the language of the oppressor and perpetrators, and that of the victims. That situation was particularly true for the brave people of the Moluccas.

Nowadays, the world tended to believe that the situation in the Moluccas was improving, but that was according to the language of the oppressor. The truth was that the inhuman situation in the Moluccas remained not only critical but alarming. For more than two years Moluccans had been persecuted in their own country.


Right of reply

A Representative of Ukraine, speaking in right of reply, referred to a case mentioned earlier of a journalist's death. The death was a human tragedy. There was no doubt as to the importance of a transparent investigation into the matter. Such an approach corresponded to the view of the President. An investigation had been undertaken by the law-enforcement agencies and the Prosecutor General’s Office. Ukraine was also ready to cooperate with the Council of Europe on the matter.




* *** *