SENIOR OFFICIALS FROM EIGHT COUNTRIES AND THREE INTERNATIONAL ORGANZATIONS ADDRESS THE COMMISSION

Commission on Human Rights
59th session
18 March 2003
Morning


MORNING - Senior Government officials from Bosnia and Herzegovina, the Swiss Confederation, Gabon, Croatia, Bulgaria, Italy, Serbia and Montenegro and Zimbabwe as well as representatives of the United Nations Educational, Scientific and Cultural Organization, the Organization of the Islamic Conference and the Inter-Parliamentary Union spoke before the Commission on Human Rights this morning. A recurring theme was the international political situation. Many speakers expressed alarm at the human rights situation in various parts of the world and serious concern at the impact of the campaign against terrorism on human rights.
Abdelouahed Belkeziz, Secretary-General of the Organization of the Islamic Conference, said the possibility of the launching of a US-led unjustified attack against Iraq created apprehension of a human catastrophe to be unleashed in the whole of the Middle East. Such an attack would be a violation of international legitimacy and an undermining of the United Nations authority, shaking the foundation of international law, and a return to the principle of the strong bullying the weak and jungle justice.
Micheline Calmy-Rey, Federal Councillor and Minister of Foreign Affairs of the Swiss Confederation, said that the current failure of peaceful means with regard to a solution for the conflict in Iraq demonstrated the importance of reinforcing international jurisdictions. War did not justify all actions and assaults on human rights and international humanitarian law should be used to protect civilian populations and regulate usage of weapons and the behaviour of the armed forces.
Paul Mba Abessole, Vice-Prime Minister of Agriculture, Rural Development in charge of Human Rights of Gabon, said that Africa had become the continent with the largest number of armed conflicts, a situation which was exacerbated by the trafficking of arms between certain Western countries and African States. Globalization failed to provide answers to the challenges facing humanity: poverty was growing, inequalities between nations were widening, the AIDS pandemic continued to ravage populations and access of developing countries to technology remained a dream.
Ante Simonic, Deputy Prime Minister of the Republic of Croatia, said that in this time of increased insecurity, it was all that more important to cherish the values of democracy and the protection of human rights. The world’s security and peace should be built on a firm foundation of human rights which should not be sacrificed to counter terrorism.
Anders B. Johnsson, Secretary-General of the Inter Parliamentary Union, said that currently less than fifteen percent of the seats in the world’s parliaments were occupied by women – a shockingly low figure, and added that the Inter Parliamentary Union was striving to change this wholly unacceptable state of affairs by developing action programmes and running seminars and technical assistance projects at the field level.
Goran Svilanovic, Minister of Foreign Affairs of Serbia and Montenegro, said that combating terrorism, organized crime and prosecution of offenders of all kinds would remain a priority for his Government. Organized crime undermined democratic systems and reforms, and jeopardized security, fundamental human rights and civil liberties.
Patrick Anthony Chinamasa, Minister of Justice and Parliamentary Affairs of Zimbabwe, said it was time that former colonial powers accepted responsibility for the evils of colonialism and slavery and agreed to pay reparations to meet the development needs of struggling countries. Zimbabwe expected the international community to share in everybody’s responsibility to operationalize the right to development and had been dismayed to realize that some among the international community thought that they had no obligation whatsoever to do that.
Lidija Topic, Vice-Minister of Foreign Affairs of Bosnia and Herzegovina, said that the situation of human rights in her country had significantly improved. The authorities had started a comprehensive process of reforms and democratization aimed at establishing a politically stable State in which the civil and political rights, and also the economic, social and cultural rights of its citizens were respected and protected.
Pierre Sane, Assistant Director-General for Social and Human Sciences of the United Nations Educational, Scientific and Cultural Organization (UNESCO), said the state of implementation of human rights was still far from being satisfactory, and the situation of human rights today could be characterised as alarming, with terrible crimes against humanity, a rise in terrorism, growth of poverty and extreme poverty. This was shocking and scandalous, and it was inadmissible that globalization, instead of bringing people closer, had created new divides due to the unequal sharing of its benefits.
Petko Draganov, Vice-Minister of Foreign Affairs of the Republic of Bulgaria, said one of the burning issues continued to be the growing threat of terrorism. It was imperative to guarantee that all measures taken to counter terrorism were in strict conformity with international law, including international humanitarian law and internationally recognized human rights standards. The fight against terrorism must not be used as an excuse to violate human rights.
Margherita Boniver, Deputy Minister for Foreign Affairs of Italy, said that failed rights meant failed States, areas in which international terrorism settled more as a master than as a guest. There should be a renewal, therefore, of the commitment to the cause of human rights, both as a moral imperative and as a rational strategy of preventing both war and terrorism. However, there should never be a suspension of human rights, even under the threat of war and terrorism, even in times of war.
The Representative of Iraq spoke in exercise of the right of reply.
The Commission will reconvene this afternoon at 3 p.m. to continue with its high-level segment. It will hear statements from senior officials of Albania, the United States, Slovakia, Kyrgyzstan, Lithuania, Slovenia, Poland, Romania, and Timor-Leste, as well as the High Commissioner for Refugees and the President of the International Committee of the Red Cross.
Statements
LIDIJA TOPIC, Vice-Minister of Foreign Affairs of Bosnia and Herzegovina, said the situation in the area of human rights in Bosnia and Herzegovina had been a matter of concern and discussion in the Commission for more than ten years. Serious and systematic violations of human rights law and international humanitarian law that had occurred in Bosnia and Herzegovina had been the reason for convening two special sessions of the Commission in the past. Today, the situation of human rights in Bosnia and Herzegovina had significantly improved. The authorities had started a comprehensive process of reforms and democratization, aimed at establishing a politically stable State in which the civil and political rights, and also the economic, social and cultural rights of its citizens were respected and protected.
For the first time in post-war history, Bosnia and Herzegovina had organized free and fair elections in October last year. Furthermore, after being admitted to the Council of Europe in April 2002, Bosnia and Herzegovina had accelerated the process of legal reforms, in accordance with the fairly long post accession obligation list. Ms. Topic stressed the positive observations of the European Monitoring Team in this regard. An example of legal reforms included the entering into force of the Criminal Code and Law on Criminal Procedures of Bosnia and Herzegovina, the implementation of which would contribute to the strengthening and effective functioning of the State institutions, as requested by the Commission in a past resolution. In this context, she also elaborated on the new law on the Council and State Ministries; and the implementation of the Decision on the Constituency of all the Peoples on the territory of Bosnia and Herzegovina.
Trafficking in human beings unfortunately was one of the regional crimes that affected Bosnia and Herzegovina. The Government was attempting to find ways to fight this terrible crime. Through consistent implementation of the agreement on readmission between Bosnia and Herzegovina and the Republic of Croatia, and efficient cooperation between the two State border services, the number of persons returned after illegal border crossings had decreased by seven times compared to the year 2000, she said. It was hoped that a similar agreement would soon be concluded with Serbia and Montenegro.
MICHELINE CALMY-REY, Federal Councillor, Minister of Foreign Affairs of the Swiss Confederation, said rarely had the cause of human rights that States were supposed to uphold collectively had such poignant meaning. Peace, development and human rights were inextricably linked to the future of the international community. These three pillars, which should have been strengthened over the years, were today under threat. This was why, together with other countries including Austria, Switzerland was committed to a global human security, a security which would place the person rather than the State at the heart of its beliefs as well as of its political and practical actions.
Whilst so many conflicts continued on the planet, despite the work of the United Nations, the current failure of peaceful means with regard to a solution for the conflict in Iraq demonstrated the importance of reinforcing international jurisdiction, as illustrated by the recent inauguration of the International Criminal Court. War, she said, did not justify all actions, and assaults on human rights and on the existence of the population under fire should not be justified by the fact of the conflict. International humanitarian law should be used to protect civilian populations, and regulate usage of weapons and the behaviour of the armed forces. This was what the Commission should do: ensure that international humanitarian law was upheld, whilst upholding it itself.
Economic, social and cultural rights were one of the reasons for the existence of the Commission, as well as civil and political rights. The Commission should study the contribution it had made to the fight against poverty, and for sustainable development, which lately seemed to grow further and further away. It was obvious that a steady growth of human rights was essential to the development process, even more so in the increasingly globalized world. The advancement and universal respect of human rights and of fundamental freedoms were one of the main activities of the United Nations. The Swiss people, she said, were committed to the fight for human rights, and had chosen the path of dialogue and mutual criticism to uphold the values of democracy and human rights.
The vocation of the Commission was to remain a unique forum, a space for dialogue where the exchange of views was encouraged, animated by the will to constantly reinforce norms and mechanisms for the protection of human rights. The Commission was today at a crossroads, and its credibility was at stake. The people of the United Nations expected a clear and transparent dialogue, a flawless ambition, and the consistent use of elementary and common values from the Commission, and it was vital to live up to this expectation.
PAUL MBA ABESSOLE, Vice-Prime Minister of Agriculture, Rural Development in charge of Human Rights of Gabon, said that the international community was concerned about the consequences of a war against Iraq. No one wished it to take place since everyone regarded peace as the greatest asset for the development of people. Wars had never made it possible for mankind to make progress. Only peace, respect for human rights and respect for national sovereignty could bring about development and progress. Internationally speaking, the issue of human rights considered within the internal context of States should be a summons for international solidarity. The agenda of the Commission was of vital importance as it allowed the body to address human rights from all perspectives, particularly in Palestine, where men, women and children were victims of great violations of human rights on a daily basis. It was hoped that peace could be brought to that region.
Mr. Abessole said that Africa had experienced new developments at the political, economic and civil levels in the past decade. A number of countries, including Gabon, had benefited from these developments, but many other countries continued to be victims of coup d'etats, civil wars, inter-ethnic conflicts and acts of terrorism. Thus, Africa had become the continent with the largest number of armed conflicts, a situation which was exacerbated by the trafficking of arms between certain Western countries and African states
Mr. Abessole said that globalization had failed to provide answers to the challenges facing humanity: poverty was growing, inequalities between nations were widening, the AIDS pandemic continued to ravage entire populations and the access of developing countries to technology remained a dream.
PIERRE SANE, Assistant Director-General for Social and Human Sciences of the United Nations Educational, Scientific and Cultural Organization (UNESCO), said that from the outset, UNESCO had contributed to the promotion and protection of all human rights. The efforts of the international community, of Governments and social actors to ensure all human rights for all had brought tangible results, especially in the standard-setting field. However the state of implementation of human rights was still far from satisfactory, and the situation of human rights today could be characterised as alarming, with terrible crimes against humanity, a rise in terrorism, growth of poverty and extreme poverty. This was shocking and scandalous, and it was inadmissible that globalization, instead of bringing people closer, had created new divides due to unequal sharing of its benefits.
There was, Mr. Sane said, a new urgency at the global level to protect all human rights for all. Respect for human rights and fundamental freedoms was the very foundation of stability, security and peace, and the legitimacy of the United Nations. At the same time, peace was a prerequisite for the enjoyment of human rights. The main purpose of the United Nations was to save humanity from the scourge of war, which should always be a last resort. And should the use of force be authorised by the United Nations Security Council, then human rights and humanitarian law should be observed and enforced. In the face of all these challenges, human rights more than ever should be promoted and protected, and for this reason UNESCO wholeheartedly supported the reform of the United Nations system launched by the Secretary-General, as human rights were rightfully proclaimed a central tenet of this reform.
UNESCO, Mr. Sane said, believed that prevention was the best way to avoid future human rights tragedies. Knowledge of international human rights standards and the procedures for their implementation was a precondition for the promotion and protection of human rights. For this reason, education on human rights was the core element in the advance of human rights and one of the main responsibilities of UNESCO. UNESCO also intended to organize an Annual World Human Rights Forum, bringing together all those working in the field of human rights. UNESCO had in the past placed the promotion and protection of human rights, the advancement of the rights of women, the fight against racism and the abolition of poverty firmly on its agenda of the years to come. The protection of human rights was at the core of the setting up of the United Nations. More than ever today, that core should be protected, strengthened and advanced everywhere.
ANTE SIMONIC, Deputy Prime Minister of the Republic of Croatia, said the world of today, with its constant changes, often created situations, problems and issues, such as the fight against international terrorism or internal and international armed conflicts, which were complex in their nature. In this time of increased insecurity, it was all that more important to cherish the values of democracy and the protection of human rights. The world’s security and peace should be built on a firm foundation of human rights, and human rights should not be sacrificed to counter terrorism. The role of the Commission on Human Rights in this field remained highly important, and Croatia would continue to lend its support to its activities.
Croatia had ratified all core universal treaties and their additional protocols in the field of human rights, Mr. Simonic said. It fully endorsed the policy of transparency and full openness to various international mechanisms, and had extended an open invitation to all thematic procedures of the United Nations Commission on Human Rights to visit Croatia, since this would deepen the existing dialogue with the United Nations system, being at the same time complementary to already existing mechanisms and actions at the national level.
Coherent protection of human rights in the world could not, however, be achieved without full interaction and synergy between the United Nations and key regional organizations, he said. The growing importance of human rights issues within regional organizations at the European level could be seen not only in the work of the organizations that were traditionally active in this field, such as the Council of Europe and the Organization for Security and Cooperation in Europe, but also in the framework of the European Union, membership to which Croatia aspired.
Numerous challenges that the universal system of human rights protection was facing, the need to find adequate and effective answers to the questions posed and the undoubted responsibility that nations had in this field called for joint efforts and focused action. The role of the Commission on Human Rights remained crucial in these efforts. Human rights, he said, would continue to be strengthened as an irreplaceable bridge connecting individuals, peoples, cultures, and religions, thus enriching all.
ABDELOUAHED BELKEZIZ, Secretary-General of the Organization of the Islamic Conference, said there was no doubt that the current unstable and volatile condition of the world and the negative impacts on the human rights situation, conferred greater importance on the work of the Commission, especially since it was the highest inter-governmental forum concerned with following up human rights matters. This very fact placed upon it the dual responsibility of follow-up and investigation and to act scrupulously and in fairness in the defence of human rights values with courage and impartiality. It had already become clear to all that the daily practices of human rights had suffered severe setbacks in recent times. Disturbing anti-Islamic campaigns had also increased, propagated by those taking advantage of the general climate created by the war against terrorism.
The fallout of the events of September 11 came within the context of unfair accusations that aimed to hold all Muslims responsible for the acts of a few Muslims who were thought to have perpetrated the acts. Consequently, facts showed that many Muslims in many parts of the world had suffered from serious violations of their human and political rights and had been subjected to oppression and discrimination. There was therefore a clear need and support for the proposal to have on the United Nations Counter-Terrorism Committee a representative of the Human Rights Commission, with the duty of regulating excesses that might result from the practical implementation of the Committee’s decisions.
Israeli practices in the occupied Palestinian territories encompassed all violations specified in the lists of human rights abuses. The possibility of the launching of a US-led unjustified attack against Iraq, Mr. Belkeziz said, caused apprehensions of a human catastrophe to be unleashed in the whole of the Middle East. Such an attack would be a violation of international legitimacy and an undermining of the United Nations authority, shaking the foundation of international law, a return to the principle of the strong bullying the weak, and jungle justice.
Man’s economic and social rights were no less important than his political rights, Mr. Belkeziz said, and these rights had more impact on the lives of millions who lived in poverty and exclusion. The stagnation of the world economic situation continued to impact negatively on the efficiency of the measures taken to secure social rights for many categories of people in the world, and therefore there was a need for greater support of the Office of the High Commissioner for Human Rights.
PETKO DRAGANOV, Vice-Minister of Foreign Affairs of the Republic of Bulgaria, said that one of the burning issues continued to be the growing threat of terrorism. Terrorism in all its forms and manifestations was aimed at the violation of human rights, fundamental freedoms and democratic principles. No motives could ever justify the actions of terrorists and of those who harboured or assisted them. Terrorist activities were a direct threat to the civil rights of individuals, to their physical integrity, destroying the very basis of civilization, the rule of law, and human rights and freedoms. States had an obligation to implement measures for the protection of the fundamental human rights, including the right to life, of everyone within the jurisdiction of the State. At the same time, it was imperative to guarantee that all measures taken to counter terrorism were in strict conformity with international law, including international humanitarian law and internationally recognized human rights standards. The fight against terrorism must not be used as an excuse to violate human rights.
Mr. Draganov said that as a non-permanent member of the Security Council and a committed participant in the global coalition against terrorism from its inception, Bulgaria was determined to actively contribute to the combat against terrorism in all its forms. The fight must envisage long-term measures, he said. Only long-term measures could address the root causes of the problem. The Commission had the potential, and the power, to deal effectively with the protection of human rights and fundamental freedoms, but it was up to States to make its mechanisms deliver. It was vital that States did not shrink from their responsibilities and that they engaged in an open and productive dialogue, aiming at upholding the Commission as a rigorous monitor of standards and a pro-active forum of cooperation.
Bulgaria expressed its firm conviction that the abolition of the death penalty represented a milestone in the progressive evolution of universal human rights standards. Therefore, he called upon all Governments of those countries where the death penalty was still legal to establish without delay, a moratorium on executions and to consider abolishing the capital punishment completely. Likewise, further decisive steps needed to be taken in order to ensure adequate protection for all persons against torture and other cruel, inhuman or degrading treatment. The adoption by the General Assembly of the Optional Protocol to the Convention on Torture represented an important phase in this process. The Bulgarian Government also welcomed the inauguration of the International Criminal Court, as an accomplishment by the international community for the most serious crimes under international law. As part of the Rome Statute, Bulgaria reaffirmed the primary importance of the Court in the fight against impunity and the prevention of the gross violations of human rights.
MARGHERITA BONIVER, Deputy Minister for Foreign Affairs of Italy, said the United Nations system, of which the Commission was a vital part, was created after World War II with the main aim of averting in the future the threat of war through the creation of rules and mechanisms that could ensure both security and development for the people of the whole planet. There was no single explanation for those complex situations that lay at the root of violent conflict, both between and within nations. What was certain was that in most, if not in all, there was a denial of human rights. Only the guarantee of basic rights through the rule of law could provide those measures of redress for grievance without which political controversy and the competition for power tended to be played out with weapons. However, it was through the denial of basic rights that dictators consolidated an uncontrolled power that inevitably tended to spill over into an aggressive, threatening international strategy. The case of Iraq was a perfect example in proving the close link between the cause of human rights and the cause of peace. In the present situation, the only answer could be a renewed commitment to the protection and promotion of human rights worldwide. What should be drawn from the present international predicament was a renewed urge to work for human rights everywhere with determination and courage.
With regard to the other international threat of the moment, she said, terrorism should be fought whilst maintaining the human rights of all involved. Societies based upon the respect of human rights were societies of participation, creation, and prosperity - societies in which the state did not collapse into a black hole of lawlessness and anarchy. Failed rights meant failed states, areas in which international terrorism settled more as a master than as a guest. There should be a renewal, therefore, of the commitment to the cause of human rights, both as a moral imperative and as a rational strategy of preventing both war and terrorism. However, there should never be a suspension of human rights, even under the threat of war and terrorism, even in times of war.
Italy believed, she said, that especially in the present circumstances, protection of human rights had to remain a political top priority for the international community. The Commission should focus the deliberations on doing the utmost to render the tools elaborated ever more effective, in order to ensure that conflicts would not only be solved, but also prevented. Such a solemn commitment should make the world safe through human rights, free through human rights, and prosperous through human rights.
GORAN SVILANOVIC, Minister of Foreign Affairs of Serbia and Montenegro, said that after years of conflicts, sanctions, and violations of fundamental human and minority rights, many suffering people and heart-rendering personal stories, the region of South Eastern Europe was slowly but surely turning into a zone of good-neighbourly cooperation. The countries of the region alone, and in cooperation with the international community and all those wishing to help, were now on an irreversible road to democracy, including application of the rule of law principles, and the promotion of human and minority rights.
At the international level, Serbia and Montenegro felt strongly about complying with all obligations under Security Council resolution 1244. As far as Kosovo and Metohija were concerned, he regretted that not enough had been done to create conditions for the return of 226,000 internally displaced persons. The priorities for Kosovo and Metohija were security for all inhabitants; the respect for human and minority rights; return of refugees and IDPs; accounting for missing persons and decentralization. These priorities must be shared by the United Nations Mission in Kosovo (UNMIK). The fulfilment of these essential preconditions would promote a climate favourable to the peaceful resolution of all problems and full respect for human and in particular minority rights. These were rights which had not been respected for a long time. For its part, Serbia and Montenegro, as ever, was committed to solving all outstanding problems, including in southern Serbia peacefully, through dialogue and with the good offices of the international community.
Combating terrorism, organized crime and prosecution of offenders of all kinds would remain a priority for his Government. Organized crime undermined democratic systems, reforms and jeopardized security and fundamental human rights and civil liberties. He said to those who counted on frightening his country that the population was resolved to persist in their struggle. The heinous crime committed against the Prime Minister of the Republic of Serbia would not go unpunished and would not sway the Government from achieving the goals it had set. Adherence to the principles of democracy was surely the best way of pursuing efforts in conflict resolution and promotion of human rights. Even though the establishment of democracy and implementation of democratic principles often seemed easily reachable goals, their success was the measure of the ability and will of a society to develop democracy.
PATRICK ANTHONY CHINAMASA, Minister of Justice and Parliamentary Affairs of Zimbabwe, said an issue that remained of great concern to his delegation was the right to development, on which it appeared this Commission simply could not make progress despite the fact that it had dedicated several decades to it. Zimbabwe was naturally deeply disappointed by the lack of movement in the Working Group on the Right to Development. Statements by some members of that Working Group to the effect that there were no reciprocal international obligations in respect of the right to development were most disturbing as they reflected the arrogance of the developed countries and their insensitivity to the gross human rights violations and crimes against humanity that they, as former colonial powers and slave trading and slave owning societies, had committed against the majority of peoples of developing countries. It was time that former colonial powers accepted responsibility for the evils of colonialism and slavery and agreed to pay reparations to meet the development needs of struggling
Countries.
Zimbabwe had in the last five years, in a concrete manner, accelerated the pace of bringing to life the right to development for its people. The Government’s efforts were based on engendering development premised on land reform with agriculture – the engine of growth. This socio-economic and political imperative in Zimbabwe had been carried out against the background of explosive political restiveness and farm occupations by the people and Zimbabwe and worldwide condemnation. The land-distribution programme, which was never motivated by the desire for vengeance or for settling old scores, contrary to the perceptions in the Western world, was now complete. The next phase demanded resources to ensure that the new farmers were assisted in their efforts to work the land and fully realise their right to development.
It was in this phase that Zimbabwe expected the international community to share in everybody’s responsibility to operationalise the right to development. Zimbabwe had been dismayed to realize that some among the international community thought that they had no obligation whatsoever to do that. The least expected was that those responsible for colonialism in Zimbabwe would financially support land reform as the best means of delivering justice to poor Zimbabweans and offering some recompense for their past role as racist and oppressive colonizers. In this connection, the double standards of the Commission were highlighted. The same double standards had been applied to his Government through a sustained Western media campaign accusing the Government of undermining the independence of the judiciary and freedom of speech. In fact, the Government supported a broad, social, democratic programme, focusing on the empowerment of the landless and the poor.
ANDERS B. JOHNSSON, Secretary General of the Inter Parliamentary Union, said the IPU had pleaded throughout its long history for the respect of the rule of law, both on the domestic front and in the relationship between States. It had played a part in the development of international law and had accompanied the establishment of the United Nations system. Considerable time and resources were devoted in recent years to inculcating a better understanding of the meaning of democracy and to helping foster it at the national level through practical programmes and activities, including technical assistance and institution building.
Mr. Johnsson said that any democracy worthy of the name must aim to protect the dignity and fundamental rights of the individual. It must seek to bring about social justice, nurture the economic and social welfare of the community and invigorate the fabric of society. The legislative branch of government held the key to the institution of democracy. Parliament had crucial functions in law-making and overseeing government work. In a democracy there was a need for equality and partnership between men and women. Currently, less than fifteen percent of the seats in the world’s parliaments were occupied by women – a shockingly low figure. The Inter Parliamentary Union was striving to change this wholly unacceptable state of affairs by developing action programmes and running seminars and technical assistance projects at the field level.
Right of Reply
The Representative of Iraq, exercising his right of reply, responded to the statement made by Italy and said it was regrettable to hear a European country state what she had said. No one had the right to engage in an unjust judgment and threaten war. Furthermore, the statement failed to reflect the view of the majority of Italians as well as the European Union. All those who supported the attack on Iraq failed to respect the international order and the principles of the United Nations. Iraq had experienced sanctions as well as daily bombings for 12 years. If Italy was really concerned about the Iraqi people, it should have stood up to end those sanctions and the bombings. If Italy was concerned about human rights, how could it support an enormous war machine acting without justification. The Italian Government should have associated itself with the rest of the European Union and the international community in condemning the United States’ aggression against Iraq.