REPORTS ON EXECUTIONS, TORTURE, JUDICIARY, DETENTION AND FREEDOM OF RELIGION PRESENTED TO COMMISSION ON HUMAN RIGHTS

Commission on Human Rights
58th session
9 April 2002
Morning





Officials of Cameroon, Equatorial Guinea, Central African Republic
and Organization of Islamic Conference Deliver Addresses



Experts on extrajudicial executions, torture, the independence of judges and lawyers, arbitrary detention and freedom of religion presented the Commission on Human Rights this morning with reports which expressed concern over trends and abuses committed in various countries and regions of the world.

Asma Jahangir, Special Rapporteur on extrajudicial, summary or arbitrary executions, in a brief statement said among other things that she was worried about extrajudicial executions of children and feared that the right to life of children appeared not to be a matter of sincere concern to many Governments, as there was a huge gap between rhetoric and action.

Param Cumaraswamy, Special Rapporteur on the independence of judges and lawyers, citing time constraints, simply referred the Commission to his report, which noted among other things that he was concerned about the possible effect of anti-terrorism measures on the rule of law and the independence of the judiciary; that he was concerned about repeated efforts by some Governments to interfere in judicial matters, including to the extent of removing judges; and that the security situation of judges, lawyers, and prosecutors in some countries had become dangerous -- that he had learned during the last reporting period of the killings of five judges, five prosecutors and one lawyer.

Theo van Boven, recently appointed Special Rapporteur on the question of torture, also citing time constraints, referred the Commission to his written report and that of his predecessor, Sir Nigel Rodley, which recommended among other things that interrogations take place only at official centres; that secret places of detention be abolished by law; that incommunicado detention be made illegal; that persons under administrative detention be given the same protections as persons under criminal detention; and that all complaints of torture or ill-treatment be investigated by Governments.

Abdelfattah Amor, Special Rapporteur on the freedom of religion, referred the Commission to a written statement and lamented that four documents he had prepared had not yet been translated and distributed.

Louis Joinet, Chairman of the Working Group on Arbitrary Detention, introduced the group's report, which had among its recommendations that Governments reduce to the fullest extent possible cases of detention caused by situations of extreme poverty; and that all recourse to deprivation of liberty in order to protect victims be reconsidered and, in any event, be supervised by a judicial authority.

The Commission also heard speeches by three high-level Government officials and by the Secretary-General of the Organization of the Islamic Conference (OIC).

Francois-Xavier Ngoubeyou, Minister for Foreign Affairs of Cameroon, called among other things for better sharing of the fruits of globalization and for increased efforts to fight poverty. He also described steps taken by Cameroon to reform the Government, battle corruption and impunity, and increase respect for human rights.

Ruben-Maye Nsue Mangue, Minister of Justice and Religious Affairs of Equatorial Guinea, described widespread efforts to establish the rule of law and promote and protect human rights in the country. He said a commission chaired by the Prime Minister was monitoring and investigating cases of human rights violations and that steps were being taken to ensure Equatorial Guinea was not used as a transit point for trafficking in children.

Abdelouahed Belkeziz, Secretary-General of the Organization of the Islamic Conference, said among other things that Islam was a peaceful and tolerant religion and yet Muslims and Arabs had suffered hatred and violent reprisals as a result of being unfairly associated with terrorism in the wake of the September 11 attacks. He called for an Israeli withdrawal from occupied Palestine and for greater international efforts to help Muslims in a series of other countries and regions.

Marcel Metefara, Minister of Justice of the Central African Republic, told the Commission of Government reactions to political and military upheaval in 1996-97 and to an army mutiny and failed coup attempt in 2001, and said that while efforts to advance human rights were under way, economic difficulties and a flood of small arms into the country were contributing to a social and financial crisis.

Representatives of Turkey, Mexico, Guatemala, Argentina and Bahrain spoke in response to documents presented by the Special Rapporteurs, and then the Commission continued its discussion of the question of human rights violations anywhere in the world, hearing statements from Ethiopia and Eritrea and from the non-governmental organizations (NGOs) Human Rights Watch; Liberation; International Federation of Rural Adult Catholic Movements; Amnesty International; South Asia Human Rights Documentation Centre; and World Organization against Torture.

India, Azerbaijan, Nicaragua, the United Kingdom, Israel, Jamaica and Zambia spoke in exercise of the right of reply.

The Commission will reconvene at 3 p.m. to continue its debate on human rights violations anywhere in the world.

Civil and Political Rights

Under this agenda item, in advance of the general debate on civil and political rights, the Commission heard introductions to several reports.

There is a report of Asma Jahangir, the Special Rapporteur on extra-judicial, summary or arbitrary executions (E/CN.4/2002/74), which states among its conclusions that the situation remains grim in areas of armed conflict and that there are also increasing reports of violations of human rights by non-State actors who continue to kill innocent civilians with impunity. Many of them are tolerated, protected, or linked to Governments or their intelligence services. Among the Special Rapporteur's recommendations are that the international community, in the event of lack of action by national justice systems, must persecute persons responsible for acts of genocide; that all cases of death in custody should be thoroughly investigated by a body independent of the police or prison authorities; that Governments have a duty to investigate death threats or attempts against the lives of inhabitants; that Governmental will and commitment to the rule of law is necessary to ending impunity, which often is entrenched; and that so-called "honour killings" will end when Governments show the political will to try and punish those who commit them.

An addendum (Add.1) describes a 19 February to 1 March mission of the Special Rapporteur to Turkey. The Special Rapporteur concludes, among other things, that the incidence of extra-judicial killings has been dramatically reduced but she felt apprehension that the situation could quickly change for the worse as underlying grievances, tensions and attitudes remain unaddressed; that preventive measures are necessary and proactive steps need to be taken to bring perpetrators of grave violations of human rights to justice; that there is bitterness about the past, when many innocent people were killed for which their families believe the security forces were largely responsible; that a political solution rather than force is likely to end the current deadlock; and that the legal system of Turkey needs to be reformed and the security forces, especially the gendarmerie, need to be reoriented so that they have solid respect for the rule of law and for human rights standards.

The report of Param Cumaraswamy, the Special Rapporteur on independence of the judiciary, administration of justice, and impunity (E/CN.4/2002/72), notes that he has begun a study to develop universal guidelines for judicial accountability; that he is promoting the formulation of judicial codes of ethics among Member States and the establishment of judicial complaints mechanisms composed only of sitting and/or retired judges; that he is concerned about the possible effect of anti-terrorism measures on the rule of law and the independence of the judiciary; that he is concerned about repeated efforts by some Governments to interfere in judicial matters, including to the extent of removing judges, as he had found in Eritrea, Guinea-Bissau, Haiti, Malawi, Tunisia, and Zimbabwe; that the security situation of judges, lawyers, and prosecutors in some countries is dangerous, and that he has learned of the killings of five judges, five prosecutors and one lawyer, and has discovered that many more were threatened; that he recommends that Governments take greater measures to protect the security of such persons; that he urges the Commission to address developments in Zimbabwe; that he urges Member States to provide financial and other resources to enable East Timor to set up and sufficiently support an independent judicial system; and that he reiterates his previous recommendation that an independent public judicial inquiry be held into the murders of Patrick Finucane and Rosemary Nelson in Northern Ireland.

An addendum (Add.1) describes a 13 to 23 May 2001 mission to Mexico, concluding among other things that a judicial reform process begun in 1994 has been slow in establishing a culture of judicial independence; that impunity and corruption appear to have continued unabated; but that there is apparent political will and determination on the part of present administration to carry out reforms. The Special Rapporteur expresses concern, among other things, about lack of impartiality in military courts, intimidation and harassment of lawyers, particularly those handling human rights cases, and violation of accepted fair trial procedures; and recommends, among other things, stable and sufficient budgeting for the judiciary; independence of the Judicial Council from the Supreme Court and other branches of Government; investigation by civilian authorities of alleged crimes by the military; investigation and public accountability for all human rights violations; and steps to ensure that confessions obtained by force cannot be used as evidence in trial proceedings.

A second addendum (Add.2) describes a 10 to 12 May 2001 mission to Guatemala and concludes among other things that many of the Special Rapporteur's past recommendations have not been implemented; that progress made mainly concerns professionalization of the judiciary; that no concerted effort has been made to reduce the number of lynchings; that threats to justice operators have increased; that impunity is still widespread; and that a Children and Adolescents Code has still not been implemented. Among the Special Rapporteur's recommendations are that known human rights violators during the armed conflict should be removed from office and from the military; that all outstanding cases of human rights violations should be investigated; that the courts should inquire into any refusal of the army to provide information on the grounds of national security; that the budget for protection of judges, lawyers, and prosecutors should be increased; and that the Government should consider measures to integrate customary laws and practices of the Mayan community and other indigenous groups into mainstream law where that can be done consistent with international human rights standards.

A third addendum (Add.3) is a preliminary report on an 11 to 14 March 2002 mission to Italy following nationwide protests by magistrates, including prosecutors, to express concerns about alleged Government attempts to undermine their independence. Among the Special Rapporteur's preliminary observations are that there is reasonable cause for judges and prosecutors to feel their independence is threatened and on the other hand that judges and prosecutors should not conduct themselves in a manner which can compromise their independence and impartiality. Among his preliminary recommendations are that a coordinating committee be set up of representatives of all segments of the administration of justice to address reform of the system in a holistic and comprehensive way -- a recommendation the Government has accepted.

There is a report of Sir Nigel Rodley, the outgoing Special Rapporteur on torture (E/CN.4/2001/76), which has among its recommendations that countries not party to the Convention against Torture should sign and ratify the Convention; that countries should sign and ratify the Rome Statute of the International Criminal Court with a view to bringing to justice perpetrators of torture in the context of genocide, crimes against humanity and war crimes; that the highest authorities of countries condemn torture in all its forms and that those responsible for law enforcement activities make public the fact that those in charge of places of detention will be held personally responsible for abuses; that interrogation take place only at official centres and that secret places of detention be abolished by law; that there be regular inspection of places of detention and that independent non-governmental organizations be authorized to have full access to all places of detention, that incommunicado detention be made illegal; that persons under administrative detention be given the same protection as persons under criminal detention; and that all complaints of torture or ill-treatment be investigated. An addendum (Add.1) to the report is not yet available in English.

There is a report of Theo van Boven, the new Special Rapporteur against torture (E/CN.4/2002/137), who began work on 28 November 2001, briefly outlining his mandate and methods of work and reviewing his anticipated activities for 2002.

A report of Abdelfattah Amor, the Special Rapporteur on freedom of religion or belief E/CN.4/2002/73), is not yet available in English.

There is a report of the Working Group on Arbitrary Detention (E/CN.4/2002/77) which notes that the group adopted 31 opinions concerning 94 persons in 22 countries and Palestine and that in 49 cases it considered deprivation of liberty to be arbitrary. The report has among its recommendations that Governments reduce to the fullest extent possible cases of detention caused by situations of extreme poverty; that regulations or laws allowing for imprisonment for contractual debt be repealed; that judges take account of the level of income of persons released on bail to give full respect to the principal that release must be the rule and provisional detention the exception; that amounts of fines are not disproportionate to the incomes of convicted persons; and that recourse to deprivation of liberty in order to protect victims be reconsidered and, in any event, be supervised by a judicial authority.

An addendum (Add.1) contains opinions reached by the Working Group during its last three sessions and relating to cases in Peru, China, Israel, Uzbekistan, Syrian Arab Republic, United States, Mexico, Myanmar, Iran, Indonesia, Viet Nam, Nepal, Federal Republic of Yugoslavia, Qatar, Russian Federation, Australia, and Colombia.

General Statements

FRANCOIS-XAVIER NGOUBEYOU, Minister of Foreign Affairs of Cameroon, said his Government recognized the efforts of the High Commissioner in the implementation of human rights instruments and supported the work of the High Commissioner's sub-regional human rights centre in Yaounde, Cameroon. Two years after the Millennium Summit, it was necessary to focus on the future goals of the international community. How could one cope with the challenges of the third Millennium? The Commission had made great progress in standard setting and in the promotion and protection of human rights. However, much remained to be done. There were massive human rights violations as a result of poverty, exclusion and marginalization. There was daily aggression towards the environment, negative effects as a result of conflict and war, and a growing gap between the rich and poor. There were several threats to the international community. However, the Millennium Declaration had clearly stated that it was essential to share the fruits of globalization. This was a legitimate aspiration of the people of the United Nations. The Commission must not spare any effort in promoting democracy and development. The challenges still to be faced should be seen as a call to solidarity.

The fight against poverty was one of the greatest challenges of the new Millennium, Mr. Ngoubeyou said. Extreme poverty flouted all human rights and eliminating it was therefore a social, economic and cultural prerogative. It was necessary to focus more attention on health and more assistance was needed in the fight against pandemics such as HIV/AIDS, tuberculosis, and malaria. In the context of human rights, Cameroon had adopted reforms on governance and corruption and had established an ad hoc technical committee to put an end to impunity. These programmes aimed to consolidate the rule of law, protecting all human rights and fundamental freedoms. Unfortunately there was a level of insecurity in the country because of bandits, and the Government had taken measures to ensure the security of the people.

Intolerance, lack of respect and discrimination were the causes of the conflicts of today and tomorrow, the Foreign Minister said. Such behaviour must be stopped and the World Conference against Racism had been an important step in that direction. It reminded States of the commitments that they had already made. Interreligious dialogue and education must be priorities for all Governments. Understanding and dialogue were needed to fight threats to peace and security, such as terrorism.

RUBEN MAYE NSEU MANGUE, Minister of Justice and Religious Affairs of Equatorial Guinea, said his Government promoted the Constitutional rule of law that would protect the human rights of all persons. The Government's philosophy in terms of human rights drew on the indivisibility of all human rights. The Government had agreed to ratify the Convention against Torture and the Convention on the Elimination of All Forms of Racial Discrimination and was ready to comply with the international obligations emanating from these instruments and to accede to other conventions and treaties with the ultimate objective of achieving the rule of law in the country.

Mr. Mangue said all citizens were equal before the law in Equatorial Guinea. The Government was working towards separation of powers and was also intent on combatting impunity. A judicial system that would monitor activities in the courts, including the Supreme Court, was currently being put in place. The Government was intent on protecting fundamental rights and freedoms and on complying with its obligations under the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights to which Equatorial Guinea was a party.

A Ministerial Commission, chaired by the Prime Minister, monitored and took action against violations of human rights in the country, Mr. Mangue said. The Government also was taking measures to ensure that Equatorial Guinea was not used as a transit country for trafficking in children. Torture was prohibited and detention without trial could not be extended beyond 72 hours. The Government was improving health conditions in prisons and detention centres. There was freedom of expression and of the press. Civil society was vibrant, with more than 70 non-governmental organizations (NGOs) operating freely. Primary schools were free and obligatory, and the Government paid 90 per cent of the cost of secondary education. Gender equality was also being promoted. The Government was making all these efforts to ensure peace and stability.

ABDELOUAHED BELKEZIZ, Secretary-General of the Organization of the Islamic Conference, stressed that Islam was a religion of peace, love, understanding and dialogue based on reason and an amicable approach. It was a religion that promoted dialogue among civilizations that Muslim thinkers developed into a discipline nearly one thousand years ago. The events of 11 September, which the Organization condemned together with terrorism in all its forms and manifestations, had come as a great setback for human rights at both the local and international levels. The distortion of the meaning of such events and the deliberate misinterpretation of its causes had had great impact in terms of fostering hatred of Muslims among other peoples. All people recognized that accusations linking Muslims with terrorism were false, perfidious and absolutely baseless; all inferences were equally wrong and unfounded. Yet they had their bad implications for the image of Islam and Muslims in the minds of many people. Many Arabs and Muslims had been killed or harmed as a result; they were falsely accused of being the enemies of Western civilization. Their places of worship, cultural centres and personal properties had been attacked. They were terrorized and discriminated against.

Muslims and Arabs had been victims of official hate campaigns launched under various pretexts, Mr. Belkeziz said. They were also suffering from various forms of bias and usurpation of rights. In Palestine, Israel further persisted in holding Palestinian territories occupied since 1967 and denied Palestinians their inalienable right to self-determination which was a basic principle of international law. Israel had rejected all the rights of the Palestinian people. It had deliberately humiliated the Palestinian people on a daily basis. It used lethal weapons of destruction. All of this was taking place despite worldwide and global condemnation.

Mr. Belkeziz said the situation in Jammu and Kashmir had reached such a nadir in recent months that Pakistan and India were on the brink of nuclear war. India's refusal to accept the right of Jammu and Kashmir to self-determination had led to many acts of violence and counter violence that had claimed the lives of thousands of innocent people over many years. The OIC was following with concern the tragic humanitarian plight of the Chechen people. There also were unacceptable humanitarian conditions for Muslims in Azerbaijan, the Nagorno-Karabakh region, the Balkans, Myanmar, Lebanon, Jordan, and in areas in Afghanistan, Pakistan, Iran, Bangladesh and some African and Asian countries. In addition there was the terrible humanitarian plight of Muslim peoples as a result of unjust blockades and sanctions under various pretexts as in the case of Iraq, where thousands of children and patients died on a daily basis due to shortages of medicines and medical care. Attention should also be paid to the fate of disappeared Kuwaitis.

MARCEL METEFARA, Minister of Justice of the Republic of Central Africa, said that after the political and military upheaval of 1996-1997, the Government had realized that issues of human rights needed to take precedence. Since last year, and in accordance with United Nations defined priorities, substantial efforts had been made in education in all social and professional segments of society regarding human rights. Educational programmes had targeted the Parliament, mayors, judges, players in civil society, women, and youth associations. This work had been conducted with multilateral partners, particularly the Office of the High Commissioner. While these initiatives were modest, they would be consolidated in the future to create true respect for human rights and fundamental freedoms.

The impact of human rights on citizens was slow but substantial, Mr. Metafara said. He thanked international non-governmental organizations for their important work, particularly Amnesty International. His country reserved the right to provide some clarifications on certain allegations. The Central African Republic was coping with a serious economic and social crisis. The mutiny of the army and the failed coup attempt of 2001 had further damaged the economic fabric of the country and increased the risk of human rights violations. Acts committed against some citizens had never been deliberate or planned policies but were linked to the political and military crisis. This was why an analysis needed to take into consideration this context.

What was more, the proliferation of weapons due to lax borders had had disastrous consequences. To combat the misuse of arms, measures had been adopted including severe reprimanding of soldiers who kept arms out of work. The proliferation of small arms had also had detrimental effects in the country, and a policy of disarmament was being elaborated. There were however financial difficulties which made disarmament difficult. The return of displaced persons and refugees also remained a problem. However, the goal was to promote the dignified return of refugees who had fled. To date, a large majority civilian refugees had returned, although soldier refugees still expressed hesitation.

Presentation of Reports

ASMA JAHANGIR, Special Rapporteur on extrajudicial, summary or arbitrary executions, said that due to the time constraints afflicting the Commission, she preferred that members refer to her written statement and her report (E/CN.4/2002/74 and Add.1 and Corr.1). Her statement said that she had carried out a mission to Turkey from 19 February to 1 March 2001, and to Honduras from 6 to 16 August 2001. The statement further said that reports of extrajudicial killings in Turkey continued to reach her, though the numbers were now very few. But there was a serious problem of impunity for security forces, which needed to be addressed. Her report on Honduras would be submitted in a few weeks. It mainly concerned extrajudicial executions of children. She warned that the right to life of children had not been a matter of sincere concern to many Governments, and there was a huge gap between rhetoric on the one hand and cohesive policy planning and action for the rights of the child on the other.

ERDOGAN ISCAN (Turkey) said his country had a more lengthy set of observations on the work of the Special Rapporteur on extrajudicial executions, but due to time limitations he would not elaborate on this now. Turkey had recently had a negative experience with another Special Rapporteur but would continue to cooperate and had cooperated with Asma Jahangir to promote and protect human rights. The report focused on extrajudicial, summary or arbitrary executions which were in no way condoned by the Turkish Government. Certain deaths could not be considered extrajudicial or arbitrary executions, so it seemed unfair to imply that the Turkish Government extended a certain level of impunity. Such impunity was inconceivable under the Turkish law.

Since the visit of the Special Rapporteur, several Constitutional amendments had been undertaken. It was a shame that these amendments had not been included in the report. Turkey had repeatedly shown its willingness to promote and protect human rights and to adhere to universal values.

PARAM CUMARASWAMY, Special Rapporteur on the independence of judges and lawyers, said that he would not deliver his statement due to the time constraints imposed on the Commission. He asked that his statement be circulated among members and delegates.

ARTURO HERNANDEZ BASAVE (Mexico) said his country would not accept any rearrangement of the Commission's work in which Special Rapporteurs did not have sufficient time to speak and non-governmental organizations (NGOs) did not have the right to speak briefly on each item. The independence of justice was a fundamental pillar for any democratic regime. One of the main endeavours undertaken by the Government was to create conditions that would meet the aspirations of Mexican society. During his visit to Mexico, the Special Rapporteur on the independence of the judiciary was able to meet with representatives of civil society, the judiciary and the Government.

Mexico acknowledged that much remained to be done, including in the area of the fight against impunity, the harmonization of Mexican national law with international agreements and in repairing lack of confidence of the population in the judicial system. The report of the Special Rapporteur had been distributed to State authorities, bar associations and civil society in order to encourage an exchange of views on the recommendations made. Mexico was promoting a culture of respect for human rights. Campaigns had been launched to increase the confidence of civil society in the judicial system and to promote awareness of and respect for human rights. Mexico was fully prepared to cooperate with the Special Rapporteur.

CARLA RODRIGUEZ (Guatemala) regretted that restrictions of time prevented the delegation from speaking more on this issue, but in brief, during the mission of the Special Rapporteur on the independence of judges and lawyers, members of the judiciary and the administration had met with the him and had discussed the situation. Guatemala had been collaborating with all mechanisms of the Commission. The Government was building all necessary administrative and judicial structures to satisfy the needs of the people. Access to justice had tripled in recent years. An institution for the perfection of judicial functions had also been set up. Measures were being taken so that the rule of law continued to reign in the country.

Guatemala would continue its implementation of various international instruments and would continue to live up to its obligations.

THEO VAN BOVEN, Special Rapporteur on the question of torture, said like the two previous rapporteurs he would not deliver a statement of substance regarding his mandate, due to the time constraints. He referred to the documentation before the Commission -- a report by his predecessor and a report by himself. He asked to have his statement circulated and appealed that the situation not become a precedent for the future. Tribute was owed to his predecessor, Mr. van Boven said, and also to the outgoing High Commissioner for Human Rights.

ABDELFATTAH AMOR, Special Rapporteur on freedom of religion, said that four documents had been prepared with regard to his mandate. These documents, with the exception of one, had not been distributed or translated into the UN official languages. The Special Rapporteur requested that his statement be distributed and expressed the hope that the current situation where rapporteurs did not have time to deliver their statements due to the Commission's time constraints would not set a precedent.

NORMA NASCIMBENE DE DUMONT (Argentina) said that the Special Rapporteur on freedom of religion or belief had visited the country from 23 to 30 April 2001, and his report revealed he had been implementing his mandate properly with a profound analysis. In the view of the Government of Argentina, the right of religion was enjoyed by all religious communities of the country. The Constitution and other legislative acts provided for the right of citizens to worship as they wished. As the Rapporteur affirmed, Argentina's legislation contained solid provisions for guaranteeing freedom of religion and belief. The Government would continue to respect and promote the those freedoms.

The special status of the Roman Catholic Church did not in any way curtail the freedom of other religious communities, whose members actively exercising their rights.

LOUIS JOINET, Chairman-Rapporteur of the Working Group on arbitrary detention, said that the report of the Working Group consisted only of 18 pages. The report (E/CN.4 2002/77) had been shortened on purpose and he urged members to read it. Two States had communicated their opinions, which would be considered at the next meeting of the Group. Four months after the Working Group had submitted its report on Bahrain, an English version was still not available. Mr. Joinet thanked Bahrain for cooperating closely with the Working Group and said the lesson he had drawn from 10 years of work was that it was better to be criticized when cooperating than to be criticized for not cooperating at all.

SAEED MOHAMED AL-FAIHANI (Bahrain) said the Working Group on arbitrary detention had visited Bahrain last year and the Government had cooperated with its members. All prisons were opened to them and all required legislative provisions on the administration of justice and prison system had been presented to them. Bahrain wished to extend another invitation to the Chairman/Rapporteur of the Working Group. They had had a good view of the human rights situation in the country. The cooperation provided to them had been considered by the Government as a model for other States to follow. Bahrain had been faithful to its international obligations.

Non-governmental organizations played an important role in Bahrainian society. Bahrain was aware of the recommendations made by the Working Group and it would give them due consideration. The rights of women had been strengthened with the appointment of women to higher echelons of the Government and to political positions.


General debate

TILAHUN GIZAW(Ethiopia) said his country was committed to the peaceful settlement of the conflict with Eritrea and had been fully cooperating with the United Nations Mission in Ethiopia and Eritrea (UNMEE). On the basis of the Status of Force Agreement (SOFA), Ethiopia had today demobilized over 64,000 troops in two phases. In contrast, Eritrea had not taken any positive step in this regard, but had continued to recruit fresh conscripts. The Temporary Security Zone (TSZ) designed to be a demilitarized buffer zone between the two armies had been violated by Eritrea time and again.

Repatriation of prisoners of war (POWs) had been halted entirely because of the Eritrean attitude and behaviour towards Ethiopian POWs. In pursuit of its policy of intimidating Ethiopians to leave the country, the Eritrean regime had shut down all businesses in Asmara and elsewhere that belonged to Ethiopians, with very short notice. Eritrean authorities had also frozen bank accounts and seized assets belonging to Ethiopians. These systematic persecutions had compelled many Ethiopians to leave the country under the guise of "voluntary return". Eritrea's actions were an international crime, an aggression, a crime against humanity, and a genocide. The Commission must urge Eritrea to stop its human rights violations against Ethiopian nationals and urge it to scrupulously observe the Algiers Agreement.

AMARE TEKLE (Eritrea) said the Border Commission was finally to announce its decision on 13 April and the Eritrean Government had already announced that it would faithfully implement the decision. As the decision was awaited, the Ethiopian regime had continued to deport Eritreans and Ethiopians of Eritrean origin even as it was being denounced by the International Committee of the Red Cross (ICRC) and other organizations. Ethiopia had incarcerated about 1,800 Eritrean prisoners of war in violation of the Comprehensive Peace Agreement after it abruptly stopped repatriation on the flimsy pretext that it must, a priori, receive information on a captured Ethiopian pilot. Ethiopia had incarcerated about 200 civilians in concentration camps even though Eritrea had released all Ethiopian civilian detainees in fulfilment of the Comprehensive Agreement.

Ethiopia deprived Eritreans and Ethiopians of Eritrean origin of their jobs, business licenses and access to government services, including health-care and educational facilities. Ethiopia denied Eritreans and Ethiopians of Eritrean origin freedom of movement if it involved leaving Eritrea and forced them to carry different ID cards, thus exposing them to stigmatization, harassment by security agents and frequent mob attacks organized by the Government.

JOANNA WESCHLER, of Human Rights Watch, said Russian forces continued to perpetrate severe human rights and humanitarian law violations against civilian populations in Chechnya. Russia claimed the situation in Chechnya was returning to normal, but research carried out by Human Rights Watch had found that it had in fact deteriorated since last year. Human Rights Watch had documented numerous military sweep operations in which Russia's troops arbitrarily detained, tortured and killed civilians in a climate of lawlessness. Chechnya remained the only place in Europe where civilians were killed every day in an armed conflict.

In China, the authorities had targeted workers, academics, religious believers, Falun Gong practitioners, those who spoke out against Government practices, Tibetans and Uighurs for repression. Human Rights Watch urged the Commission to condemn serious, systematic violations of human rights in China and to call on China to take significant steps to comply with its commitments to respect internationally recognized human rights standards.

MARGARET BOWDEN, of Liberation, said Liberation continued to condemn the gross infringements of the rights of Kurds and other Iraqi people by the regime of Saddam Hussein. However, it totally opposed the initiation of new military operations against Iraq by the United States. The problems of the Gulf region should be a matter of the United Nations and not for unilateral military action by any outside power. In Cuba, the economic sanctions imposed by the United States had had adverse effects for the civilian population and should be lifted.

Liberation also was deeply disturbed by the human rights situation in Colombia. The Commission should adopt a resolution condemning human rights violations there. In Bangladesh, Hindu, Buddhist and Christian minorities were reportedly attacked by supporters of the coalition of the ruling parties. Liberation was also extremely concerned by the high level of human rights violations committed by Indonesian security forces in Aceh and west Papua.

PIERRE MIOT, of International Federation of Rural Adult Catholic Movements , said the right to water was part of human rights, as was the right to food and housing. Drinking water was vital to health and development. Given the obstacles to realization of the right to water, the Commission had a duty to raise awareness about the gravity of the situation. At the Water Forum recently held, the concluding declaration had expressed the importance of water.

Farmers and rural people spoke of water as being vital, not just for daily life, but for agriculture and development. Agriculture practices these days often resulted in erosion and industrialized farming which did not respect the environment. For sustainable development, agriculture that preserved natural ecosystems needed to be supported. Given the importance of this issue, countries were appealed to realize the right to water. The independent expert on the right of water needed to be given the full support of the Commission.

LUCIA WITHERS, of Amnesty International, said grave human rights violations were being committed in Indonesia, most notably in Papua and in Aceh. Russian and Chechen forces continued to commit serious abuses of international humanitarian rights and humanitarian law. Violations by Russian forces included extrajudicial executions, torture, rape and disappearances. Russian authorities had failed to adequately investigate and prosecute these violations. Amnesty continued to document across Russia torture and ill-treatment by police, appalling prison conditions and the failure by Russian authorities to protect women from violence by non-state actors.

In Saudi Arabia, serious and systematic violations of human rights, including systematic torture and ill-treatment in prisons and police stations continued. During 2001, Amnesty had recorded 79 executions in Saudi Arabia following unfair trials. In Zimbabwe, violence continued in the aftermath of the March elections, including attacks, abductions and torture by militia groups against perceived supporters of the opposition.

ANDREA COOMBER, of South Asia Human Rights Documentation Centre, said India's prevention of terrorism act was a draconian law. There was to be no review of the act's provisions for years from the date when it came into force. Under an expansive definition of terrorism, the act might also be applied to cases of murder, robbery, theft and other crimes that would ordinarily be covered under the Indian penal code.

The act would also criminalize attempts to harbour a terrorist, but it would give no indication of who was empowered to designate someone a terrorist for the purposes of that section of the law. The act provided for mandatory minimum sentences, with little discretion left to judges regarding the severity of sentencing. It might also lead to extensive invocation of the death penalty, with none of the standards of scrutiny that should be ensured before such a penalty was handed down.

MICHAEL ANTHONY, of World Organization against Torture (OMCT), said OMCT had called on the Commission during its last session to vigorously condemn the human rights violations taking place in Chechnya and had demanded that an international commission of enquiry be formed to investigate these abuses and those who committed them. Since then, the situation in Chechnya had worsened and was characterized by an alarming increase in systematic abuses against the civilian population, in part being committed by Russian security forces. The authorities had been perpetrating these massive human rights violations on an increasingly large scale under the auspices of the so-called war on terrorism.

Concerning the situation in Congo, the OMCT called on all parties to comply with the terms of the Lusaka Accords and to launch immediate investigations into all human rights abuses. In Algeria, none of the systematic human rights violations that had taken place in the last 10 years had been subject to impartial and exhaustive investigation.


Rights of Reply

A Representative of India, speaking in right of reply, said India did not know that Pakistan was a democratic country. Pakistani leaders were not elected democratically and therefore it was not surprising that questioning the validity of democratic laws came naturally to them. India was also surprised that the representative of a military regime that systematically crushed the media quoted from a newspaper article criticizing India.

A Representative of Azerbaijan , speaking in right of reply, said he was surprised that the statement by the European Union mentioned his country as having in its jails political prisoners. The country had no political prisoners. Since it had declared its independence, Azerbaijan had been implementing all international human rights norms and had been abiding by its international obligations. It had also restructured its judicial system. Azerbaijan had been a secular State since its independence and had strengthened its State structures. The Government was working to respect and promote the human rights of its citizens.

A Representative of Nicaragua, speaking in right of reply, said in response to the statement made by Cuba the previous day that Nicaragua was not a country of corruption. There were in fact reforms going on to improve the situation from that of the previous Government. Such reforms would never happen in Cuba where there was no transparency and no freedom of the press. Transparent, democratic multi-party elections had taken place in Guatemala, something Cuba knew nothing about. Nicaragua was not the lackey of any country, but perhaps Cuba, having been a lackey of the Soviet Union during the Cold War, could not fathom that countries could act from different and more noble motives. Cuba had also made a personal attack against the speaker. However, she would not fall to their level since she was not here to talk about herself but about those who had no voice, among them were several human rights activists and others in Cuba.

A Representative of the United Kingdom, speaking in right of reply, thanked Special Rapporteur Cumaraswamy for his interest in Northern Ireland. Because of time constraints, she would not read out her statement, which she asked the Secretariat to circulate among delegates.

A Representative of Israel, speaking in right of reply, said his country had fully withdrawn from Lebanon in May 2000, complying with Security Council resolutions. Lebanon had to fulfil its part of the resolution by ensuring the return of its effective authority in the area. The Hezbollah had been operating freely in South Lebanon for more than a decade and a half. After Israeli withdrawal, the Hezbollah had continued its activities in the area, highlighted by its crossing of the border in October 2000 and kidnapping three Israeli soldiers, held hostage since then on Lebanese soil. At the end of March, the same terrorists launched attacks against Israel, firing anti-tank rockets and missiles at targets on the Israeli side of the Blue Line. In the course of the fighting, one Israeli soldier was seriously injured.

A Representative of Jamaica, speaking in the right of reply, said there was a need to clarify certain aspects of the report of the Special Rapporteur on extrajudicial, summary or arbitrary executions. As a country committed to human rights, Jamaica was cognisant of the important role of the Special Rapporteurs. However, the credibility of their work and of the Commission depended on accuracy. There was a need for countries to cooperate, and Jamaica had attempted to respond as quickly as possible. Jamaica had, however, been unable to correlate some of the cases referred to, for example the alleged story of the beheading of 16 people and the violation of the right to life. Jamaica was a country of open and public discussion and this incident would certainly be something that the Government would be aware of. Only one allegation, the death threat to a human rights activist, had been true. Concerning the prison incident, referred to in the report under "the violation of the right to life of sexual minorities", the Government had tried to deal with this in the best manner possible through investigations which would lead to the punishment of the said perpetrators.

A Representative of Zambia, speaking in right of reply, questioned the real motives behind European Union (EU) criticism with regard to the independence of the judiciary in Zambia. Judicial proceedings were carried out in a transparent manner and the courts were independent. The EU should learn to give credit instead of always finding fault. The EU needed to adopt a more positive attitude towards Africa and Asia where efforts were made to promote human rights and good governance. The most stressing situation in Zambia was the high level of poverty, and if the EU was concerned about human rights in Zambia it should concentrate its energy on helping Zambia tackle this problem. Finally, the EU should consider the human rights situation in its own house, as other delegates had suggested, before criticizing others.

CORRIGENDUM
In press release HR/CN/02/30 of 9 April, the statement of the representative of Turkey on page 7 should read as follows:
ERDOGAN ISCAN (Turkey) said his country had a more lengthy set of observations on the work of the Special Rapporteur on extrajudicial executions, but due to time limitations he would not elaborate on this now. Turkey had recently had a negative experience with another Special Rapporteur but would continue to cooperate and had cooperated with Asma Jahangir to promote and protect human rights. The report focused on extrajudicial, summary or arbitrary executions which were in no way condoned by the Turkish Government. Certain deaths could not be considered extrajudicial or arbitrary executions, so it seemed unfair to imply that the Turkish Government extended a certa 4in level of impunity. Such impunity was inconceivable under the Turkish law.
Since the visit of the Special Rapporteur, several Constitutional amendments had been undertaken. Turkey had repeatedly shown its willingness to promote and protect human rights and to adhere to universal values.
In press release HR/CN/02/31 of 9 April, the statement of the representative of Pax Romana on page 10 should read as follows:
CHULHYO KIM, of Pax Romana, said he would not speak in solidarity with other speakers who would not get a chance to speak due to the arbitrary ruling of the Commission.



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