NINE HIGH GOVERNMENT OFFICIALS, TWO AGENCY CHIEFS ADDRESS COMMISSION ON HUMAN RIGHTS High Commissioner for Refugees, Head of International Committee of Red Cross Stress Attention to Humanitarian Concerns Should War Begin in Iraq

Commission on Human Rights
59th session
18 March 2003
Afternoon


High officials of nine countries spoke before the Commission on Human Rights this afternoon, along with the Heads of two international organizations who cited their humanitarian concerns and institutional priorities in the face of the mounting likelihood of war in Iraq.
Ruud Lubbers, the United Nations High Commissioner for Refugees, said that, sadly, despite all United Nations efforts, the world found itself today on the brink of war in Iraq. The suffering that came with war – the fear, the destruction, the loss of innocent lives and the desperation of refugees fleeing their homes must not be forgotten for a moment. Strong and decisive action was needed to prevent the proliferation of weapons of mass destruction, Mr. Lubbers said, but at the same time every effort should be made to prevent situations which might give rise to new flows of refugees and more human misery. He went on to urge the international community not to allow the current crisis to interfere with continued humanitarian funding and action in other regions of the world where serious human rights problems and refugee flows were also occurring.
Jakob Kellenberger, President of the International Committee of the Red Cross (ICRC), stressed the importance of respect for international humanitarian law in times of conflict and went on to say the ICRC was determined to pursue its humanitarian activities in Iraq, to work tirelessly for the full application of international humanitarian law, and to provide the affected civilian population with critical medical care and emergency relief -- and would do so as an independent humanitarian institution.
Among Government officials addressing the meeting as the Commission’s three-and-a-half day “high-level segment” continued, Pal Csaky, Deputy Prime Minister for Human and Minority Rights and Human Integration of Slovakia, said political sovereignty could not be an excuse for oppressing the human rights of a country’s own citizens -- the right to self-determination belonged first of all to peoples, not to self-appointed leaders, and the United Nations should be able effectively to enforce its decisions.
Kurmanbek Osmonov, First Vice-Prime Minister of Kyrgyzstan, said Kyrgyzstan was striving to introduce all international human rights instruments into its legislation, and national legal entities now could invoke directly the norms of international law, while international treaties ratified by Kyrgyzstan had supremacy over national legislation.
Luan Hajdaraga, Deputy Minister of Foreign Affairs of Albania, said the Albanian Government was embarked, among other things, on efforts to improve human rights, implement the United Nations Millennium Development Goals, alleviate poverty, and foster gender equality.
Jeane Kirkpatrick, Head of the Delegation of the United States to the Commission, said positive steps had been taken by the Commission in recent sessions, but the widespread overall impression was that too many serious and systematic abuses of human rights went unchallenged or were even covered up by the Commission; the practice of electing Commission members from some of the world's worst human rights offenders was especially serious; and the cynical resort to procedural tactics to avoid taking a position on human rights abuses had not gone unnoticed and was rightly criticized.
Justas Vincas Paleckis, Vice-Minister of Foreign Affairs of Lithuania, said two significant achievements in the past year had been the adoption of the Optional Protocol to the Convention against Torture, which sought to reinforce one of the core human rights conventions, and the creation and setting up of the International Criminal Court, allowing the international community to cross a new threshold in the institutionalization of a fundamental defense against assaults on common humanity.
Samuel Zbogar, State Secretary at the Ministry of Foreign Affairs of Slovenia, said there should be a wholehearted commitment at the global level to do everything necessary to fight the scourge of terrorism, and Slovenia fully supported the work of the Security Council Counter-Terrorism Committee – but in such efforts to combat terrorism, the fundamental principles of human rights should never be forgotten.
Slawomir Dabrowa, Deputy Minister of Foreign Affairs of Poland, told the meeting that the United Nations’ human rights implementation strategy must be dedicated to promoting extensive programmes of technical assistance and advisory services for countries in need of them, and hence the Office of the High Commissioner for Human Rights must be equipped with adequate budgetary, organizational and human resources to match the magnitude and diversity of its tasks.
Cristina Tarcea, Secretary of State of the Ministry of Justice of Romania, said reforms to ensure fair administration of justice involved not only institutional restructuring, but also reform of the mentalities underlying the operation of the judicial system and funding of the costs that such restructuring required There was an imperative need for a unitary, coherent approach in Europe to the whole judicial reform strategy that, in its turn, should be coordinated with reforms in other social fields, she said.
José Ramos-Horta, Minister of Foreign Affairs and Cooperation of Timor-Leste, said the small new nation had many human rights challenges to overcome -- while clearly there was much work to be done to protect civil and political rights, one could not forget to address as a matter of urgency the social, economic and cultural rights of the people, so many of whom lived in abject poverty, and furthermore development would depend on the stability gained through security and the rule of law.
Representatives of India, Iraq and the Organization of the Islamic Conference spoke in exercise of the right of reply.
Statements
LUAN HAJDARAGA, Deputy Minister of Foreign Affairs of Albania, said the period since the last session of the Commission had seen positive developments in the protection of the individual and collective rights of Albanian citizens. There had been better implementation of international and national legislation on human rights by Governmental institutions, and the implementation of the Millennium Development Goals was high on the Albanian Government’s agenda. Alleviating poverty and fostering gender equality were regarded as two of the top priorities among the Millennium Development Goals. A national strategy for children was being implemented in conformity with the principles of the Convention on the Rights of the Child.
Mr. Hajdaraga said the fight against trafficking in human beings was another priority of the Government, as was the protection of the rights of minorities. There had been marked positive political developments concerning the protection of and respect for the rights of the Roma minority, who faced the same problems in Albania as in other countries of the region. The Government was drawing up a national strategy for the improvement of their life conditions and for their integration into Albanian society. The freedom of the media and right to information were also respected in Albania. The existence of a great number of independent newspapers and radio and television stations was a reality that was encouraged and supported by the Government.
Mr. Hajdaraga said that new steps should be taken integrate ethnic Albanians into the social political life of the Republic of Serbia. Albania hailed the participation of Albanians in political, administrative and social life in Macedonia but considered as intolerable and harmful every single extremist attempt that aimed to destabilize the political integration process in Macedonia.
JEANE J. KIRKPATRICK, Head of the Delegation of the United States of America to the United Nations Commission on Human Rights, said the American people had high and exacting expectations about what the Commission must be and do. Americans believed that all knowledgeable people wanted the Commission to be a positive force in establishing high standards for respecting human rights everywhere - and for progress in realizing the rights established in the Universal Declaration of Human Rights. Why did the United States want this? For the United States it was a matter of self-interest and of national interest. America believed in these principles because they were precisely the principles on which the United States itself was founded, and by which the United States had lived and thrived. These were rights for individuals and rights for States.
It was clear that human rights must be protected by the rule of law or they would be trampled by despots, Ms. Kirkpatrick said. The United States’ Declaration of Independence had stated a dream and a doctrine of government by consent. An important part of the history of the United States had been devoted to making a reality of this dream for all Americans. As the world had shrunk, and the United States had sought to share the dream beyond its borders. The drafters of the Universal Declaration of Human Rights saw all human beings as part of a family - all brothers and sisters. They had seen the human family as being broken up into societies and nations with different values, beliefs, and economic and political systems. But the unifying principle which made the human family a family was the universal desire to enjoy these rights as set forth in the Universal Declaration. The United States believed that peace, security and prosperity flowed from respect for these rights and from their enjoyment by all.
Many did not believe that the Commission on Human Rights had kept pace with the sweeping changes that had occurred in recent years around he world, Ms. Kirkpatrick said. Some criticism aimed at the Commission overlooked positive steps taken in recent sessions, but the widespread overall impression was that too many serious and systematic abuses of human rights went unchallenged or were even covered up by the Commission. The practice of electing Commission members from some of the world's worst human rights offenders was especially serious. The cynical resort to procedural tactics to avoid taking a position on human rights abuses had not gone unnoticed and was rightly criticized. The United States wanted the Commission to be a forum where, despite differences in cultures, political systems, and national experience, countries could work together to secure human rights for all.
PAL CSAKY, Deputy Prime Minister for Human and Minority Rights and Human Integration of Slovakia, said the Slovak Republic aligned itself with the statement delivered yesterday by the representative of the country currently serving as President of the European Union (Greece). The Charter and the Universal Declaration were the two cornerstones of international peace and stability, and were the source of desire and hope of those people in whose name these documents had been drafted. Political sovereignty could not be an excuse for oppressing the human rights of a country’s own citizens -- the right to self-determination belonged first of all to peoples, not to self-appointed leaders, and the United Nations should be able effectively to enforce its decisions.
The Commission of Human Rights had a crucial and irreplaceable role to play in preserving, protecting and promoting human rights all over the world, Mr. Csaky said. Its mechanisms and procedures should be maintained and strengthened, along with its mandate. The Commission had a unique place in the United Nations system. The enforcement of political and civil rights, building the rule of law and establishing patterns of good governance must go hand in hand with fighting against need, poverty, disease and organised crime. Standard-setting in the field of human rights was important, and relevant in areas not covered, or not sufficiently covered so far by international legal norms.
Protection of minorities was one of the most burning issues of global human rights nowadays, Mr. Csaky said. Too many lives had been lost in ethnic conflicts, and too much suffering had been caused by not respecting the rights of minorities during the past decade. European regional organizations had developed a fairly well established legal framework and monitoring system to protect the rights of these persons, but there remained a need to strengthen the system of minority rights protection at the global level, and new initiatives brought forward in that respect should be seriously considered.
KURMANBEK OSMONOV, First Vice-Prime Minister of Kyrgyzstan, said Kyrgyzstan was engaged in a political reform of society aimed at ensuring respect for human rights and fundamental freedoms. The principle of the State being bound by human rights as set forth in international human rights instruments was enshrined in the Constitution, which prohibited the promulgation of any law that infringed on human rights. The Constitution recognized human rights as the highest value of society and the State. Democratic Kyrgyzstan was striving to introduce all international human rights instruments into its legislation. National legal entities could invoke directly norms of international law, and international treaties ratified by Kyrgyzstan had supremacy over national legislation.
Mr. Osmonov said the Universal Declaration of Human Rights was one of the basic sources of national law and had inspired the Constitution. Kyrgyzstan had ratified numerous human rights instruments, including the Convention on the Right of the Child, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention against Torture.
Kyrgyzstan had also introduced the institution of an Ombudsman and intended to develop a democratic code in order to establish the foundation for a broad democratic restructuring of the State, Mr. Osmonov said. Reform of the legal system was also being carried out in order to ensure the protection of human rights. The transformation of society was a difficult task which required patience and perseverance.
JUSTAS VINCAS PALECKIS, Vice-Minister of Foreign Affairs of Lithuania, said this session witnessed several new important achievements in the field of protection of human rights that had occurred since last year. One of the most significant achievements had been the adoption of the Resolution on the Optional Protocol to the Convention against Torture. This Optional Protocol sought to reinforce one of the core human rights conventions. With it the international community was one step farther along in fighting one of the most hateful and contemptible violations of human rights, aiming at physically and morally destroying a person. Another development of immense importance was the creation and setting up of the International Criminal Court, allowing the international community to cross a new threshold in the institutionalization of a fundamental defense against assaults on common humanity.
As a regional organization with a mission to safeguard and promote democracy, human rights and the rule of law, the Council of Europe made an important contribution to the furtherance of the aims of the United Nations. Certainly in the field of human rights, cooperation was not only desirable, it had become a necessity. More and more, both Organizations worked on similar human rights questions. Each did so within its own competences and in accordance with its own political priorities. However, it was important that both Organizations be fully aware of each others work and that, where possible, opportunities for pragmatic forms of cooperation and mutually supportive action were identified.
Mr. Paleckis said the Commission had done vital work on the question of the death penalty. Its resolutions on this question had rightly set priority on the establishment of a moratorium on executions. Thanks to the abolition of the death penalty in almost all member States of the Council of Europe and to moratoria in the three remaining States, no executions had taken place in the Council’s geographical area since 1997. The Council of Europe's commitment to the abolition of the death penalty had recently led to the adoption of a new Protocol to the European Convention on Human Rights, which abolished the death penalty in all circumstances including crimes committed in time of war or imminent threat of war.
SAMUEL ZBOGAR, State Secretary at the Ministry of Foreign Affairs of Slovenia, said Slovenia associated itself with the statement made previously by Greece on behalf of the European Union. The current world was becoming increasingly insecure and unstable, and the terrorist threat had grown into a global phenomenon. Terrorism was one of the most serious human rights violations. There should be a wholehearted commitment at the global level to do everything necessary to fight the scourge of terrorism, and Slovenia fully supported the work of the Security Council Counter-Terrorism Committee. However, the fundamental principles of human rights should never be forgotten.
The current situation was worrying, but there was still room for optimism, Mr. Zbogar said, as the international rule of law had never been stronger, with for example the inauguration of the International Criminal Court in the Hague. Although concepts of democracy and human rights could not be equated, there was no doubt that democracy and human rights were interdependent and inseparable. The principle of democracy was now universally recognized, although there was no single model for democracy and democratic institutions. However, one thing was obvious: no dictatorship, past or present, could provide adequate levels of human rights protection. Moreover, dictatorships allowed more space for the growth of the terrorist menace.
Slovenia supported the growing role of the United Nations in promoting democracy in post-conflict situations, and stressed that it was of the utmost importance that peace missions of all kinds respect fundamental standards of international human rights and humanitarian law, or the noble cause of their work could easily be jeopardized, Mr. Zbogar said. There was full support for the further development of human rights standards and mechanisms, as just like democracy, the promotion of human rights had no end, and respect for them could always be improved. Efforts should be joined to rapidly finalize basic principles and guidelines on the right to a remedy and reparations for victims of gross violations of human rights.
SLAWOMIR DABROWA, Deputy Minister of Foreign Affairs of Poland, said it was important to focus the attention of the Commission on its preventive capacity. The United Nations’ human rights implementation strategy must be dedicated to promoting extensive programmes of technical assistance and advisory services for countries in need of them. It was vital to strengthen capabilities and capacities to assure that such a level of help was possible. The Office of the High Commissioner for Human Rights must be provided with proper conditions to better serve the whole machinery of the United Nations, moving firmly from a culture of reaction to a culture of prevention. For this purpose, the Office must be equipped with adequate budgetary, organizational and human capabilities to match the magnitude and diversity of its needs.
The threat of terrorism was neither new nor restricted to a particular region or country, Mr. Babrowa said. Its capacity to destroy, its extreme and inhuman cruelty, had achieved an unprecedented dimension and posed a danger to life for everyone in every corner of the world. Fighting terrorism required a long-term commitment since it was of the utmost importance to combat not only hideous acts of terrorism but also the root causes. It was encouraging to note the growing understanding of the importance of upholding human rights standards in combating terrorism. In this context, it was encouraging that consensus had been reached in the resolution 'protection of human rights and fundamental freedoms while countering terrorism'.
Trafficking in human beings was a growing problem worldwide, Mr. Dabrowa said. Women, men and children were illegally transported and sold by criminal groups to be exploited in prostitution, pornography and forced labour. This constituted a violation of human rights and was a negation of human dignity. To eradicate this contemporary form of slavery, there was a need to strengthen international cooperation and to elaborate an effective common strategy. Recognition of the interdependency of human rights, development and democracy was fundamental for every effort to advance human rights. The Polish Government was convinced that the universal enjoyment of human rights could not be provided without a democratic form of government. Poland was therefore, as in previous years, co-sponsoring a draft resolution on human rights and good governance. Democracy could not flourish without good governance - each was a non-starter without the other.
CRISTINA TARCEA, Secretary of State of the Ministry of Justice of Romania, said one of the rights most frequently evoked was the right to a fair administration of justice. Justice was a key factor for social balance and stability in a state governed by the rule of law. For the full accomplishment of this role, reform of a fundamental system of society, such as the judicial system, involved not only the actual institutional restructuring, but also reform of the mentalities underlying the operation of the system, as well as funding of the costs that society had to assume. There was an imperative need for a unitary, coherent approach in Europe to the whole judicial system reform strategy that, in its turn, should be coordinated with reforms in other social fields.
The application of international standards to human rights, Ms. Tarcea said, was done mostly by founding or strengthening national human rights protection institutions. Romania had done so by reforming the Romanian judicial system. Refirns included a law on the statue of magistrates and judicial organization, high professional training for magistrates, including on the subject of human rights, and the promotion of a policy of improving the ethical component of magistrates’ decisions.
Attention had also been paid by Romania to reform of the child protection system and to the prevention of and combat against trafficking in human beings, since this last abuse was a sad reality of the contemporary world, Ms. Tarcea said. The development of the freedom of movement, the process of economic globalization, and technological progress had led to the creation of international markets for the sale and purchase of human beings, and this would be fought within Romania by a special law and a concrete plan of action. The protection and promotion of human rights was a complex and clearly current matter. There should be a permanent fight against apathy and indifference, for, as had been shown on various occasions, democracy could always be improved.
RUUD LUBBERS, United Nations High Commissioner for Refugees, said that, sadly, despite all United Nations’ efforts, the world found itself today on the brink of war in Iraq. The suffering that came with war – the fear, the destruction, the loss of innocent lives and the desperation of refugees fleeing their homes must not be forgotten for a moment. Strong and decisive action was needed to prevent the proliferation of weapons of mass destruction. At the same time, however, every effort should be made to prevent situations which might give rise to new flows of refugees and more human misery. For this, in itself, could breed insecurity and could sow the seeds of tomorrow’s terrorism. In the last three years more than 100,000 Iraqis had applied for asylum in other countries – a sad testimony to the state their country was in.
Mr. Lubbers said the international community could not, meanwhile, allow important programs outside Iraq to be neglected. It was crucial, therefore, that any large-scale relief operation for Iraqis should be paid for through a refocusing of the existing Iraqi oil-for-food programmes. Already too many people in the world had paid a price because of the exclusive focus of the international community on the Iraq situation.
Mr. Lubbers said that despite positive developments in Afghanistan, Timor Leste and South-Eastern Europe over the past year, armed conflict and human rights violations continued to plague many countries and regions. Refugees were the most visible result of these violations. A focus on policies of deterrence and migration control, particularly in the post-September 11 environment, had tainted the institution of asylum in the public eye. It had become increasingly difficult for refugees and asylum-seekers to reach asylum countries or to achieve family reunion through legal means. Many were now compelled to use the services of smugglers. Others, including the most destitute, remained stranded in countries where the asylum systems were not yet sufficiently developed and where they were often unable to legalize their presence. A multilateral approach was required which addressed migration and forced displacement in a concerted, comprehensive and forward-looking manner, focusing on root causes, human rights protection and labour needs.
JAKOB KELLENBERGER, President of the International Committee of the Red Cross (ICRC), said human rights law, refugee law and international humanitarian law shared the common objective of protecting human life, safety and dignity. These bodies of law and their supervisory mechanisms formed an interlocking web of guarantees for individuals in particular in times of emergency when they were the most vulnerable. If correctly and fully applied, international law remained one of the strongest tools the international community had at its disposal to maintain international order and stability and to ensure the safety and dignity of all persons. International human law regulated the conduct of hostilities and protected persons affected by armed conflict, international or not.
The ICRC, as promoter and guardian of international humanitarian law, did not address the lawfulness of the resort to armed force, Dr. Kellenberger said. Instead, it endeavoured to ensure the faithful application of international humanitarian law and to alleviate the plight of persons affected by hostilities. Over the past year, the ICRC and others had engaged in a rigorous assessment and analysis of the pertinence of international humanitarian law, and were convinced today that on the whole the law did adequately respond to the needs of modern-day conflicts. However, it was not perfect, and needed to continue to adapt. There was a need, for example, to develop the law where it touched upon non-international armed conflicts. Improving respect for international humanitarian law remained a huge challenge, and with greater respect for existing rules the credibility and protective value of existing and of any new rules was very limited, and this should be addressed.
The ICRC was determined to pursue its humanitarian activities in Iraq, to work tirelessly for the full application of the provisions of international humanitarian law and to provide the affected civilian population with critical medical care and emergency relief; and it would do so as an independent humanitarian institution, in Iraq as well as in the many conflict situations that failed to make the headlines.
JOSE RAMOS-HORTA, Minister of Foreign Affairs and Cooperation of Timor-Leste, said this was not the first time he was attending the Commission. He had attended on many occasions during his country's long struggle for independence, when he had come to plead with Commission on behalf of the East Timorese people. In this connection, he expressed the eternal gratitude of the people of Timor-Leste to the non-governmental organization community, to Portugal, and to others from the Portuguese-language community who had stood by them through the darkest years when only a few idealists and dreamers had dared to dream that one day Timor-Leste’s nightmare would be over. Today, he was honoured to stand before the Commission as the representative of a free and independent nation which was the newest member of the United Nations.
The importance of the Commission's support and indeed that of the Organization as a whole then, and since, for the people of Timor-Leste, could not be overstated. Timor-Leste was currently going through the painful yet necessary process of acknowledging and learning from the past in order to move forward. The children of Timor-Leste had the right to grow up in a country that had made an official acknowledgement of the truth. Reconciliation, if it was to be deep and long-lasting, must be based on open disclosures about what had taken place and a willingness to face up to responsibilities. This was but one of the accountability mechanisms established to address impunity. The challenge was to build a nation in which human rights and democracy were defended with pride by all levels of the community.
Unfortunately, the history of Timor-Leste had left the small nation with many human rights challenges to overcome. While clearly there was much work to be done in order to protect civil and political rights, one could not forget to address as a matter of urgency the social, economic and cultural rights of the people, so many of whom lived in abject poverty. However, development in the country would depend largely on the stability gained through security and the rule of law. Concerning the issue of justice for serious crimes committed during 1999, the Commission was informed that the Dili District Court would have exclusive jurisdiction over serious crimes such as genocide, war crimes, crimes against humanity, murder, sexual offences and torture. In the meantime, the international community followed with keen interest the work still in progress of Indonesia's own special Ad Hoc Human Rights Tribunals for Timor-Leste.
Rights of reply
A Representative of India, speaking in right of reply, said with reference to a statement made by the Secretary-General of the Organization of Islamic Conference that India, with 140 million Muslims, had the second largest Muslim population in the world. The Muslims of India were a vibrant, vocal and integral part of a society in which all religions of the world co-existed peacefully in a democratic and pluralistic framework. The Indian states referred to in the Secretary-General’s statement were an integral part of India. Alas, the Secretary-General had chosen to make gratuitous and baseless remarks at the behest of a country whose citizens had never succeeded in shaking off their military rulers, people who could only look on with forlorn hope and envy at the freedoms enjoyed by everyone in India. The Secretary-General was advised not to allow the Organization of the Islamic Conference to fall prey to the machinations of one of its members, a country that sought to exploit the Organization in the pursuit of its destructive and hostile foreign policy goals, a country known throughout the world for using terrorism as an instrument of State policy.
A Representative of Iraq, speaking in right to reply, said with regard to the speech of the ICRC that it was to Iraq’s regret that the speaker had exceeded his mandate in his speech, and had made an invitation to war, and not a call against war. Iraq would have appreciated a call to protect innocent people and a call to stand against the war, a war which was against international law and had been rejected by all the peoples of the world, including those of the United States. The Commission had forgotten the woes of the Iraqi people, suffering under economic and political embargo and genocide, as shown in international reports on the blockade. However, the Iraqi people were rich in themselves, and would persevere.
A Representative of the Organization of the Islamic Conference, speaking in right of reply, said there must have been a misunderstanding. The Organization and the Islamic world greatly appreciated the Indian people and the Indian Government. The Secretary-General of the Organization had simply been referring to reports covered in international as well as the Indian media with regards to the situation in Kashmir. He reiterated the Organization’s great appreciation for India and its Government.