SECRETARY-GENERAL, PRESIDENTS OF SWITZERLAND, FRANCE, YUGOSLAVIA AND DEMOCRATIC REPUBLIC OF THE CONGO ADDRESS COMMISSION ON HUMAN RIGHTS

Commission on Human Rights
57th session
30 March 2001
Morning









Senior Officials of Romania, Palestine, Hungary and Rwanda also Speak



The Secretary-General of the United Nations and a host of heads of State this morning told the Commission on Human Rights that the struggle for the promotion and protection of human rights was paramount and that violations persisted in all parts of the world.

Addressing the Commission were Secretary-General Kofi Annan, Swiss President Moritz Leuenberger, French President Jacques Chirac, Yugoslav President Vojislav Kostunica, and Democratic Republic of Congo President Joseph Kabila.

Mircea Dan Geoana, the Minister of Foreign Affairs of Romania, speaking as Chairman-in-Office of the Organization for Security and Cooperation in Europe, Nabeel Shaath, Minister of Planning and International Cooperation of the Palestinian National Authority, Janos Martonyi, Minister for Foreign Affairs of Hungary, and Mucyo Jean de Dieu, Minister of Justice of Rwanda, also spoke.

Mr. Annan told the assembled delegates that it was less than a decade since apartheid was abolished, and the world was not free of bondage and forced labour. Over the past ten years, he said, genocide had been witnessed, along with the growth of far-right parties with overt and covert racist programmes. The upcoming World Conference against Racism would provide an opportunity to adopt principles that would inspire all people, and not just Governments, to do their part in eradicating racist attitudes and behaviour.


Mr. Leuenberger, the Swiss President, citing the statistic that 2 billion people lived on less than $ 2 per day, said a world of widening inequality and increasing poverty could not be a world of peace, and the developed countries had a particular responsibility for responding to mounting disparities in well-being around the globe.

Mr. Chirac, the President of France, said racism was evident on all continents. At a time when so many women -- the first victims of discrimination, fanaticism and poverty -- were still oppressed, the best way to make progress was through education, he said, adding that progress must also be made in drafting a Declaration on the Rights of Indigenous Populations. Progress also needed to be made on the death penalty. He called for the universal abolition of the death penalty, with, as a first step, a general moratorium.

Mr. Kostunica, the President of the Federal Republic of Yugoslavia, said his country faced the challenge of building a new, healthy and free society on the ruins of an inhumane system void of any freedom-loving initiatives. The actual exercise of basic rights and freedoms was the most sensitive test of democracy and of the democratic changes occurring in the country, he said.

Mr. Kabila, President of the Democratic Republic of the Congo, said that efforts to ensure that human rights were enjoyed by everyone in the country were being slowed by a war which had been initiated by Uganda, Rwanda and Burundi in 1998. The war had forced the Government to declare states of emergency in six provinces, Mr. Kabila said, but even under states of emergency, the fundamental freedoms of citizens were not to be denied.

Mr. Geoana, the Romanian Foreign Minister, said Romania was deeply concerned about the recent crisis in the Former Republic of Macedonia. The international community must react in a firm, coherent and resolute manner to prevent the escalation of violence in that region, he said.

Mr. Shaath, the Palestinian Minister of Planning and International Cooperation, said Israel continued to maintain its position as an occupying power, causing great harm to Palestinians’ security and their welfare even as Palestine continued to seek cooperation and political dialogue.

Mr. Martonyi, the Hungarian Foreign Minister, said Hungary believed that in light of major international crises of the past decade, in which national identity was a prominent source of division, the time had come for the United Nations to meet its historical debt with regard to the elaboration of a legally binding convention on the rights of minorities.

And Mr. Jean de Dieu, the Rwandan Minister of Justice, said that seven years after the genocide in Rwanda, although everything was not yet perfect, the Government had made encouraging and notable progress in promoting human rights and national reconciliation as evidenced by the report of the Commission's Special Representative on Rwanda.

When the Commission reconvenes at 3 p.m., it will continue its consideration of the question of the violation of human rights and fundamental freedoms in any part of the world.


Statements

MORITZ LEUENBERGER, President of the Swiss Confederation, said the Commission on Human Rights had the fundamental task of freeing human beings from their shackles. The Commission dealt with respect for the fundamental values of the human community, such as freedom of religion and conscience, freedom of expression, and promotion of the democratic principles of the state of law. These values were the basis for universal and indivisible rights. However, these fundamental values were violated daily in the world; war, assassination, imprisonment, torture, disappearances, and rape daily deprived the civil, political, economic, social and cultural rights of persons and communities

Wealthy and poor countries, great and little States, all had their share of responsibility because all lived inter-dependently in a "global village" where goods, information, capital and people moved easily, the Swiss President said. Politicians had favoured globalization, liberalization and the opening of boundaries. The international economy had made available a large range of activities and investments. The aim was growth and prosperity for all, but at the moment inequality was increasing -- and such inequalities were unacceptable in a world where 2 billion people lived on less than $ 2 per day.

The wealth of the 15 richest persons in the world exceeded the gross domestic products of the countries of Sub-Saharan Africa, Mr. Leuenberger said. A world of inequality and increased poverty could not be a world of peace. The right to development was an integral part of human rights. The developed countries held particular responsibility in the face of immense poverty elsewhere in the world. Commercial protectionism, unequal exchange systems, weak arrangements for investment and cooperation, and brain and capital drainage did not favour development, either.

During this process of globalization, unilateral condemnation of various countries was no longer useful because the responsibility for such states of affairs was also global, the Swiss President said. One could easily make a list of human rights violations in the world by starting with the powerful and with members of the Security Council. It would be easy to condemn the existence of the death penalty in the United States; to reaffirm that human rights were not respected in Chechnya; and it would be easy to recall the repressive measures taken against minorities and religious communities in China. It also would be easy to enlarge the list and to cite, for example, Afghanistan, Sudan, the Middle East or other regions. The international community should be beyond such an approach. The opening of frontiers was not only for economic and technological advancement, it should also be for human rights and for respect for humanitarian law.

KOFI ANNAN, Secretary-General of the United Nations, said regional preparatory meetings had already been held in Dakar, Santiago, Strasbourg and Tehran for the World Conference against Racism. Expert seminars had taken place in different parts of the world. The High Commissioner had presented elements for a draft Declaration and a Programme of Action, which, taken together with the outcomes of the regional meetings, should provide a good basis for further discussions. Non-governmental partners were hard at work. And the public had begun to pay attention, as some of the more contentious issues made their way into the headlines.

This was a crucial moment. It was time to consider what message the World Conference should send. It was time to bridge the differences that had emerged. And it was time to focus on ensuring that the World Conference did for the word "Durban" what the Earth Summit did for "Rio de Janeiro": make it synonymous with a vision of progress for all humankind.

Racism and intolerance plagued all countries -- scarring societies, marring work for peace. Some discrimination was all-too familiar. Women were targeted for rape during war, for exploitation at work and for abuse at home. Immigrants were attacked, and their customs were mocked. School textbooks often ignored the contributions, or even the existence, of indigenous peoples. State spending frequently neglected the needs of minorities. Mass media were sometimes used to spread false and ugly stereotypes. Politicians -- democrats as well as dictators -- used race-based appeals to seek and maintain power.

In the past decade or so, there were new types of intolerance seen, new targets and new tools with which to spread it. People with HIV/AIDS had been ostracized. Although human beings had always been on the move, the intensified cross-border movements associated with globalization were seen by some as a threat, prompting a retreat from openness. And the Internet, a tool with extraordinary power to educate and enlighten, could also be a high-tech messenger of hateful words and dehumanizing imagery.

There had been steps that made an important start in turning the tide. Still, it was less than a decade since apartheid was abolished, and the world was not free of bondage and forced labour. The Holocaust should have demonstrated, once and for all, the nightmare of totalitarian power wedded to perverse and hateful theories of racial superiority. But in the past decade, genocide was witnessed, as well as the growth of far-right parties with overt and covert racist programmes. While an impressive array of laws, institutions and independent watchdog groups were built up, the people who suffered most from the denial of their human rights were often unaware of their rights, and beyond the reach of these mechanisms.

World conferences enabled the international community to become surrogate voices. But, of course, the main business was to redirect public policy, and leave a lasting imprint on the workings of governments. They were the main violators of human rights, and they held the main responsibility for promoting and protecting them. Language from conference documents often found its way into national laws and constitutions. The documents inspired the creation of new institutions and new protections for human rights defenders. They helped spur changes in curriculum, enabling an early start in teaching tolerance and respect for diversity to children. A document for the World Conference was needed that looked unflinchingly at everybody, and at the flaws in the societies that had been built. What was needed was a forward-looking document that acknowledged and built on the past, but did not get lost there. What was needed was a document that all people could recognize as their own. What was needed was a document that inspired all people, not just governments, to do their part. The work to achieve active tolerance would take years, if not generations. Living together in harmony was the fundamental human project. There were fine examples of real and lasting success in every part of the world. They should be emulated.

JACQUES CHIRAC, President of France, said that the human being and human dignity were a passionate concern for the French. The French people were among the first to declare human rights universal and sacred. The French nation had always been in the forefront of the struggle for freedom. But at this point of mankind's history, no State and no people could wage the battle alone. At a time of globalization and instant communications, everything must be thought out and accomplished on a global scale. This was why the United Nations, born of the rejection of wars and barbarity, was destined to increasingly be the spearhead of a new humanism.


Mr. Chirac said that despite the horrors of the century just ended - a century of Nazi, Communist and fundamental totalitarianism, of genocide and crimes against humanity, of the Holocaust; despite a century in which abject poverty and unprecedented prosperity coexisted, the first flowering seed of hope could be seen. The United Nations had adopted treaties anchoring human rights in international law. In Europe, the fall of the Berlin wall had restored freedom to nearly 400 million women and men. New hope had been born in the Federal Republic of Yugoslavia following the election of President Kostunica. In Latin America, the bastions of authoritarianism had fallen. In Africa, apartheid had been defeated and the democratic process was under way on all sides. The Indian democracy had also set an extraordinary example since independence.

In adopting the Covenants and developing the Conventions, the United Nations had increasingly emerged as the virtual homeland of human rights but much remained to be done, the President said. The first goal must be universal ratification of the covenants and treaties. The accession of China, home to fifth of mankind, to the Covenant on Economic, Social and Cultural Rights was a significant step forward. It was also urgent that the treaty establishing the International Criminal Court enter into force.

The President continued that the Commission had a duty to address issues which the international community found disturbing. For example, what would the Commission's credibility have been had it not put the Chechen issue on its agenda last year ? Similarly, it was the Commission's duty to examine the tragic deterioration of the situation in the occupied Palestinian territories in a spirit of fairness basing itself only on the facts.

France did not wish to lecture others because there was room for improvement in its own record, the President said. Fundamental rights were fully respected in France. But all its efforts and its laws notwithstanding, some areas remained in which it could and must make progress -prison conditions, the presumption of innocence, persistent poverty and flare-ups of racism.

The President said that France had reservations with regard to sanctions. Economic sanctions primarily harmed civilian populations. Political sanctions only made leaders more unbending. But where there was wholesale flouting of universal values, the international community had a duty to condemn the country responsible and, in full compliance with the Charter, to put targeted pressure on it to change.

Mr. Chirac said that all observers confirmed the extensive de jure and de facto persistence of the practice of torture. Beyond the suffering inflicted, nothing was more odious than the desire to degrade and humiliate human beings. For this reason and international inspection protocol must be added to the Convention Against Torture. Another revolting practice was the increasing use of forced disappearances. Progress also needed to be made on the death penalty. More than 100 countries had abolished it and every year three or four more States joined their ranks as the conviction took hold that death could not under any circumstance constitute an act of justice. In addition, no justice was infallible and every execution might be killing an innocent person. He called for the universal abolition of the death penalty, with, as a first step, a general moratorium.

The eradication of poverty was another priority. Never had the world been so rich; and yet over two billion people were living on less than two euros a day.

The President said that racism was in evidence on all the continents. At a time when so many women - the first victims of discrimination, fanaticism and poverty were still oppressed, the best way to make progress was through education. Progress must also be made on the drafting of the Declaration on the Rights of Indigenous Populations and People. They were the victims of history and they harboured an incalculable portion of the common heritage of mankind.

VOJISLAV KOSTUNICA, President of the Federal Republic of Yugoslavia, said that after nine years, this was the first appearance of Yugoslav representatives in the Commission, which was the most important United Nations organization considering human rights. This made the role of clarifying the situation of human rights and freedoms in the Federal Republic of Yugoslavia even more demanding and challenging. The Yugoslav people rose on 5 October to defend their electoral will, and carried out a peaceful and bloodless revolution, in which they overthrew an authoritarian regime that had destroyed and stifled the elementary human rights and freedoms for a full 56 years, being particularly drastic in the first and last decades of its reign. Now the challenge of building a new, healthy and free society on the ruins of an inhumane system void of any freedom-loving initiative was lying ahead. Furthermore, Albanian terrorism was yet another immense challenge that had to be responded to.

The exercising of basic rights and freedoms was the most sensitive test of democracy and democratic changes. A society on its way out from an authoritarian system could be rather efficient in installing democratic institutions and establishing the general rules of political conduct, but on a formal level only. Likewise, it could include in its Constitution a catalogue of basic rights and freedoms, and endorse laws that would guarantee a variety of personal, political, economic and social rights to its citizens. However, their full materialisation required the fulfilment of many preconditions without which they would remain a dead letter, or a debt to the citizens the State was unable to service at best.

Changes in this vital sphere of public life were conceivable only if collaboration between civil self-organisation and political activity materialized in the creation of a new constitutional order. A new constitutional and legal framework for the rights and freedoms was to be established, judiciary reformed in terms of legislature, structure and cadres, and the citizens encouraged to organize themselves and fight for their rights. This was going to be a momentous task with an extremely uncertain denouement. To make matters even more complicated, the country was now faced with immense challenges related not only to its internal reconstruction, but the viability of the State. At the moment, if was not known if, in times to come, it would remain within the present-Day framework in size and form alike.

In the face of different secessionist demands, the State had dissipated enormous political energy in the struggle for its survival. However hard there was insisting on the inseparability of federalism and constitutionalism, a rational, decentralized system and lawfulness, right now there were unceasing efforts aimed at the fragmentation of the state and the creation of new state feuds. These political aspirations and actions were not to produce better preconditions for improving the situation of human rights, but quite the contrary, they contributed to the oligarchic quality of politics and new border conflicts.

Human rights represented the most effective element in limiting political power. However, the country was now faced with the paradoxical internal and external expectation that it was exactly the exponents of political power, its executive arm to be precise, who should establish the system of guaranteed human rights. It was feared that such a direction of political activity was not likely to generate desirable results. It was far more likely to produce an omnipotent administrative state that would stifle human rights. The fact was that in Yugoslavia, the public responsibility for leading the country out of perennial crisis largely rested with the political leaders of the October overthrowing movement, who had subsequently taken over public offices. In these months of general recovery, their role was of vital importance. However, if the path leading to free society and democratic politics was chosen, this state and political element had to opt for political self-limitation. State and society had to be separated structurally and functionally in order to secure full expression for the two large spheres of the political community. It was precisely this perspective that could give human rights in Yugoslavia a chance of becoming the source of freedom and multifaceted closeness for the people. There was confidence that this was precisely the kind of future that laid ahead for Yugoslavia.

JOSEPH KABILA, President of the Democratic Republic of the Congo, recalled that the change that took place in May 1997 had been designed to liberate Congolese people from dictatorship and to render them their dignity. The Government of public salvation had also been committed to restore the state of law, based on respect for human rights and fundamental freedoms, and to build democracy. However, at the end of the war of liberation, the new Government had been confronted with multiple challenges and it was necessary to taken measures to restore the State’s authority and to establish security. In order to bring the situation to normal, a state of emergency had to be proclaimed. A national plan of construction had been elaborated with major attention given to the promotion of the economic, social and cultural rights of the population with the objective to guarantee the enjoyment of their civil and political rights.

Mr. Kabila said that the Government's efforts had been slowed down by the war of aggression of 2 August 1998, which was initiated by Uganda, Rwanda and Burundi. As it was underlined by the Teheran Declaration during the International Conference on Human Rights of 1968, aggression and armed conflict constituted a massive denial of human rights. Because of the war of aggression, the Government was obligated to declare states of emergency in six of its provinces. Nevertheless, the fundamental freedoms of citizens were not derogated by the declaration of the states of emergency. The Minister for Human Rights was playing an important role in the promotion and protection of human rights. In addition, the Democratic Republic of the Congo attached great importance to human rights and humanitarian law in accordance with its international obligations, without demanding reciprocity of the aggressor countries.

The Congolese President said that according to his sources, around 2.5 Congolese had perished in the occupied territories. Acceding to other sources, 2.1 million persons were displaced, 400,000 persons fled the country to refuge in the neighbouring countries, and 16 million people were directly affected by the effects of the war. Massacres of peaceful civilians were uncountable, and barbaric and savage killings and assassinations were widespread.

Mr. Kabila said that the authorities in the Democratic Republic of the Congo were permanently preoccupied about the human rights situation and international humanitarian law in the country. In order to concretize the Government's will to reinforce the state of law, consolidate democracy and good governance, and guarantee a human rights process, a national conference on human rights would be held in Kinshasa in May. The international community was called upon to provide all the necessary assistance for the success of the national conference.


MIRCEA DAN GEOANA, Minister of Foreign Affairs of Romania, Chairman-in-Office of the Organization for Security and Cooperation in Europe (OSCE), said that intolerance and discrimination continued to be serious threats to the security of the individual and the international community had seen the consequences of ethnic intolerance and hatred. Trafficking in human beings was a growing industry for organized crime networks which profited from exploiting the vulnerable. Therefore, combatting trafficking in human beings was now a political priority, regionally and internationally. It was a well-known fact that Romania, like other States in the region, was both a source and transit country for human trafficking. Romania would be hosting a Conference on Human Trafficking and Illegal Immigration on 21 May with the aim of strengthening concrete measures at the national, regional and international levels to tackle this problem.

Romania continued to be deeply concerned about the recent crisis in the Former Yugoslav Republic of Macedonia. The international community must react in a firm, coherent and resolute manner to prevent the escalation of violence. The OSCE was committed to bringing its own contribution to the stabilization of the area, in particular in promoting ethnic reconciliation. The OSCE would also give full support for rebuilding a multi-ethnic society in Bosnia and Herzegovina, including the establishment of a legal and security framework for the return of refugees and internally displaced persons and the implementation of good governance projects.

In Kosovo, the organization of province-wide elections was one of the most challenging issues for the international community and for the OSCE. In the Caucasus, the situation in Chechnya continued to be unstable and tense. Thousands of refugees and displaced persons still had no permanent place to live in the Southern Caucasus, where poverty affected large segments of the population and respect for human rights was not yet a current practice. The situation of refugees in Tajikistan and Uzbekistan was of utmost concern. In Central Asia, the OSCE field offices were engaged in human rights monitoring as well as education and public awareness projects. The OSCE called on the Governments in Central Asia to take the necessary legislative steps to meet international standards in the field of human rights and put an end to the practices of harassment and detention of human rights activists, political opposition leaders or religious activists, particularly in Kyrgyztan, Tajikistan and Turkmenistan.

NABEEL SHAATH, Minister of Planning and International Cooperation of the Palestinian National Authority, said human rights were one of the major forms of progress that the world had witnessed in half a century. This progress unfortunately did not mean that human rights were much less violated in practice, but rather that they were no longer deemed acceptable. Actions once deemed to be acts of war, were now considered crimes. Had the world been vigilant enough, tragic human rights violations, such as the Holocaust, could have been avoided.

The present siege being carried out by Israel against the Palestinian people must never be accepted as a necessary evil. Necessary for what? Continued illegal occupation? These were attempts to terrorize the Palestinian people into submission. Most recently, the High Commissioner had submitted a report that was a milestone of political courage and a devotion to the truth and fact. Over the past three decades, the one thing missing was the deficit of political will. Ten years ago, at the Madrid peace conference, the Palestinians said they wanted to end the occupation and begin a just peace as soon as possible. Israel continued to maintain its position as an occupying power. Palestine maintained its cooperation to political dialogue as Israel increased its force, causing great harm to their security and their welfare.

Just a few days ago, the new Prime Minister of Israel had declared that 3,000 new settlement houses were going to be built between Jerusalem and Bethlehem, and thousands of others would be built south of Jerusalem. During the peace process in the last seven years, all the incitement had come from building settlements, particularly in the Jerusalem area. After the hard lessons of the past 10 years, the Palestinian leadership recognized that Israel's continued violation of international humanitarian law defeated Palestinian attempts to negotiate. It was now faced with an uprising of the civilian population against an occupying power. It was now faced with an escalation of human rights violations against the Palestinian people. Before it could hope to accomplish a return to dialogue, Israel must be made to follow the rules, and to respect human rights. The Palestinian civilian population must be helped to recover. While vital areas of their lives remained under Israel's control, they must be made to feel secure that control would not be abused. They must be made secure from human rights violations. Unfortunately, another opportunity was lost a few days ago when the United States used its veto to block a Security Council resolution. It should be reasserted that the Palestinian leadership was still totally committed to peace, and totally committed to negotiating with Israel. It had never turned its back to negotiations. It was committed to the peace process.

JANOS MARTONYI, Minister of Foreign Affairs of Hungary, said international protection of human rights and fundamental freedoms was at the core of the foreign policy of his country. Hungary was strongly committed to the commonly shared values of democracy, liberty, the rule of law and respect for human rights, including the rights of national minorities. Hungary would not hesitate to raise its voice and express its concern when internationally recognized human rights norms and standards were violated, irrespective where they occurred.

The international community should realize that the presence of different national, ethnic, linguistic or religious groups within the frontiers of a country was not only an asset, but also a source of social and cultural enrichment. History had clearly shown that the acceptance of the legitimate aspirations of minorities to preserve their identities through their cultures, languages and religions had not undermined but strengthened the stability of States. The denial of the legitimate demands of minorities, by contrast, could lead to instability, conflict and even bloodshed.

Hungary attached great importance to the adoption of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. Implementation of the Declaration had already contributed to more advanced international protection of minority rights. Hungary believed that in the light of the major international crises of the past decade in which national identity was a prominent source of division, time had come for the United Nations to meet its historical debt with regard to the elaboration of the legally binding Convention on the rights minorities.

JEAN DE DIEU MUCYO, Minister of Justice of Rwanda, said that seven years after the Rwandan genocide, even if everything was not yet perfect, his Government had made encouraging and notable progress in promoting human rights and national reconciliation, as evidenced by the report of Commission's Special Representative on Rwanda. Rwanda had always stated its commitment to promoting democracy and human rights in cooperation with the United Nations and the international community at large. Its daily concerns included making progress toward the establishment of a state of law and promoting peace, stability and reconciliation. That was the background against which different commissions had been set up, including the National Commission on Human Rights, which signed a technical cooperation agreement with the High Commissioner for Human Rights in March of this year; the National Reconciliation Commission, designed to promote a culture of peace among Rwandans; the Juridical and Constitutional Commission, which had made a promising start; the Electoral Commission, which had recently organized district and municipal elections; the Anti-Corruption Commission; and the Commission to combat AIDS and poverty.


Cooperation with the International Tribunal on Rwanda had taken positive turn, but the protection and treatment of witnesses remained a matter of concern, the Minister of Justice said. Despite the efforts undertaken by the Government, the situation in prisons and dungeons remained worrying, given the large number of detainees. However, solutions to the problem were currently under consideration, including the establishment of think tanks aimed at envisaging a recourse to participatory justice. The Government continued to free minors, elderly detainees and terminally ill persons. Measures had also been taken to prosecute the perpetrators of sexual crimes against women and children. Numerous changes had been introduced in the area of democracy and decentralization. Concerning the armed conflict in the Democratic Republic of Congo, the Rwandan Government reaffirmed its support for the Lusaka Agreement.




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