SENIOR OFFICIALS OF THAILAND, YEMEN, SUDAN AND OIC ADDRESS COMMISSION ON HUMAN RIGHTS

Commission on Human Rights
57th session
2 April 2001
Morning






Debate Continues on Question of Violations in Any Part of the World,
Special Rapporteur on Democratic Republic of the Congo Presents Report



The Commission on Human Rights was addressed this morning by the Minister for Foreign Affairs of Thailand, the Chairman of the Presidential Office and Vice-President of the Supreme National Committee for Human Rights of Yemen, the Minister of Justice of Sudan, and the Secretary-General of the Organization of the Islamic Conference (OIC).

Surakiart Sathirathai, the Thai Foreign Minister, said, among other things, that Thailand's experience had taught it that sacrificing one set of rights and freedoms at the expense of another would only lead to imbalance and disruption, that one should not be forced to choose between the right to food and the right to democracy, and that while globalization had brought a number of new challenges it also had highlighted the importance of human-centred development.

Ali Mohamed Al-Anisi, the Vice-President of the Yemeni National Human Rights Committee, said, among other things, that Yemen hoped that the Brussels conference on least-developed countries would come up with an effective framework for assisting poor countries, narrowing the gap between the poor and the rich, alleviating debt burdens, and allowing the transfer of modern technologies.

Ali Mohamed Osman Yassin, the Justice Minister of Sudan, remarked that a new act allowed wider and freer operation of political parties; parliamentary and presidential elections had been held in a healthy and fair atmosphere; a Presidential cabinet had been formed that included members of different political parties; and extensive funds had been allocated under the Government's Rescue Programme for the south of the country, where a long-running conflict continued.

Abdelouahed Belkeziz, the Secretary-General of the Organization of Islamic Conference, said among other things that globalization, under its banner of survival of the fittest, was inflicting great damage on the efforts of the developing countries to achieve development and progress. He also decried what he called Israel's use of barbaric excessive force against civilians in occupied Palestine.

Following these addresses, the Commission carried on with the debate under its agenda item on the question of human-rights violations anywhere in the world.

Roberto Garreton, Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo, presenting his report, told the Commission that nine armed conflicts, some domestic and others international, were ongoing in the country, that seven conventional armies and 22 irregular armed groups were involved, that victims were almost always Congolese, and that establishment of democratic governments in the region was important if a lasting solution to this complex and brutal state of affairs was to be found.

A Representative of the Democratic Republic of the Congo said the security argument often raised by aggressor countries could in no way justify the barbarian acts committed by their troops on Congolese territory, offences that included summary executions; torture; cruel, inhuman and degrading treatment; massacres of the civilian populations; and drafting of children into the army.

Also speaking during the morning session were Representatives of Cuba, the Russian Federation, Pakistan (on behalf of the Organization of the Islamic Conference), and Indonesia.

Angola, Sudan, Saudi Arabia, Albania, Israel and Burundi made statements in exercise of their right of reply.

Chairman Leandro Despouy announced at the beginning of the meeting that the Commission, convening behind closed doors last week under its 1503 procedure, had examined human-rights situations in the Republic of the Congo, the Maldives, and Uganda, and had decided to discontinue consideration of the states of affairs in the three countries. He added that the Commission's Working Group on situations had noted that there had been no replies from several Governments when the Working Group on communications took its decisions in August 2000. He said he wished to underline the importance of having replies at all stages of the procedure -- and that the Working Group on situations considered that the timely submission of replies was essential to its functioning and effectiveness.

The Commission will reconvene at 3 p.m. to continue its discussion of the question of the violation of human rights anywhere in the world.


Question of the violation of human rights and fundamental freedoms in any part of the world, including Cyprus

Under this agenda item, the Commission has a report (E/CN.4/2001/40) on the situation of human rights in the Democratic Republic of the Congo, submitted by the Special Rapporteur, Roberto Garreton, which states that of the nine armed conflicts now going on in the Democratic Republic of the Congo, only three involve inter-Congolese disputes. This is particularly significant because, although the territory has nearly 400 ethnic groups and 50 million inhabitants, co-existence has historically been peaceful. The other disputes which brought Congolese into confrontation with one another in the past were all politically motivated. Seven national armies and many armed groups are taking part in the main war between the Democratic Republic of the Congo and Uganda, Rwanda and Burundi, and this justifies calling it the first world war in Africa.

The Special Rapporteur recommends that the Kinshasa Government establish the inter-Congolese dialogue, as provided for in the Lusaka Agreement; abolish the death penalty, and commute death sentences; eliminate the military court; release all political prisoners and journalists unconditionally; eliminate all forms of pressure or censorship of the press; cease all cooperation with the Mai-Mai and Interahamwe; speed up demobilization of child soldiers; and restore relations with other states and international organizations.

The RCD and other rebel groups are recommended to put an end to the climate of terror prevailing in the territories controlled by RCD factions; cease all cooperation with foreign armies; avoid any act implying the exercise of sovereignty over foreign armies; recognize the truth and refrain from giving fictitious accounts of atrocities committed by their troops and foreign allies; refrain from recruiting Congolese to attack Congolese; and suspend all deportations of Congolese and persons recognized as refugees in Congolese territory.


Statements

ROBERTO GARRETON, Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo (DRC), said armed conflicts continued on the territory of the Democratic Republic of the Congo, along with serious violations of human rights. He had gone to the country twice, and had been able to visit areas controlled by the Government and the rebels; he had met with the late President Kabila and twice with his son and successor, along with the highest officials of the various warring parties. Non-government troops controlled more than half of the national territory.

Mr. Garreton said nine armed conflicts, some domestic and others international, were ongoing in the Democratic Republic of the Congo. Seven conventional armies and 22 irregular armed groups were involved; victims were almost always Congolese. Direct confrontations between the Rwandan and Ugandan armies at one point had led to the deaths of several hundred civilians. There continued to be blatant flouting of the territorial sovereignty of the Democratic Republic of the Congo, and there had been little respect for the Lusaka Accords. The conflict between the Hema and the Lendu ethnic groups had been the most damaging. There had been extensive population displacements.

The most serious violations under Government control were related to freedom of expression and the press, Mr. Garreton said. Death sentences and summary executions continued to be handed down, although the heads of Government had promised otherwise. There continued to be decree laws that violated human rights in relation to search, seizure, and secret detention, among other things.

In the territories controlled by the RCD and its Rwandan allies, there was a climate of fear, Mr. Garreton said; there had been atrocities and massacres committed against local populations, and the Rwandan soldiers had operated with total impunity. The recruitment and use of child soldiers continued to be widespread. The problem was most serious in the Ugandan-controlled zones.

In conclusion, the Special Rapporteur said the conflict was regional and required a regional solution, and it appeared indispensable that democratic Governments be established in this part of the world so that public will and the desire for peace could find expression.

MAVUNGU MVUMBI (the Democratic Republic of the Congo) said that the continuation of the war of aggression against the Democratic Republic of the Congo, waged by Rwandan, Ugandan and Burundian troops, and the consequences stemming therefrom remained the main concern of the Government. It was needless to recall that the aggression was contrary to the fundamental principles of the United Nations Charter. The security argument often raised by the aggressor countries could in no way justify the barbarian acts committed by their troops, including summary executions; torture, cruel, inhuman and degrading treatment; massacres of the civilian populations, including vulnerable people; deliberate spread of HIV/AIDS by HIV or AIDS infected Ugandan and Rwandan soldiers; the burning alive of women; drafting of children into the army; pillage of natural resources and destruction of the environment.

Contrary to the report by the Special Rapporteur, the Government had signed the Lusaka cease-fire agreement on 10 July 1999 in order for peace to be restored to the national territory. Both the Lusaka Accord, the Kampala and Harare disengagement plans and the UN Security Council resolutions on the armed conflict in the Democratic Republic of the Congo must have as a purpose enabling the country to recover its territorial integrity and full sovereignty. On numerous occasions, the Government had renewed its commitment to the inter-Congolese dialogue. The Government was resolved to promote the rule of law, respect for human rights and fundamental freedoms. The Government had also adopted measures banning the drafting of children who were under the age of 18 into the army. Contrary to statements made by the Special Rapporteur, the executive, legislative and judicial powers were separated in the Democratic Republic of the Congo.

SURAKIART SATHIRATHAI, Minister for Foreign Affairs of Thailand, said that his country’s experience had taught it that sacrificing one set of rights and freedoms at the expense of another would only lead to imbalance and later disruption. One should not be forced to choose between the right to food and the right to democracy. Today, while globalization had brought along a number of new challenges of transnational nature, it had also highlighted the importance of human-centred development. Needless to say, transnational threats, be they drugs, trafficking of women and children, smuggling of migrants or the spread of HIV/AIDS had affected countless lives across the globe, depriving people of their dignity and potential.

Thailand believed that the international community had an important role to play in promoting the right to development and human-centred development. It was the moral responsibility of the international community to help people where they were in need. Human rights, however, should not be set as a condition to international development assistance. It was now clear that it was not the State but the ordinary people who suffered most from lack of assistance. Tolerance, understanding and respect for diversity were fundamental to promote sustainable peace, development and democracy. Human well-being, human dignity and human potential should be put at the forefront of the world's human rights agenda.

ALI MOHAMED AL-ANISI, Director of the Presidential Office of the Republic of Yemen and Vice-President of the Supreme National Committee for Human Rights, said that his country had signed a technical cooperation agreement with the Office of the High Commissioner for Human Rights on 14 February 2001. Yemen regarded the agreement as providing important moral and material support to its programme for the promotion of human rights. The Supreme National Committee for Human Rights had been functioning effectively since its establishment, its mechanism had been improved and its credibility and objectivity had been enhanced. Among other things, the Committee had given a great deal of attention to improving penitentiary conditions, and reviewing prisoners status according to humanitarian, legal and objective criteria for possible release. Since the beginning of the year, major changes had been introduced in the area of enhancing and improving the democratic system.

Yemen hoped that the Brussels conference on least developed countries would come out with effective decisions and the formulation of an international positive cooperation framework in which donor countries assumed their responsibilities in assisting poor countries, narrowing the gap between poor and rich countries, alleviating the debt burden and allowing the transfer of modern technologies without reserve.

Speaking of the situation in the occupied Palestinian territories, Mr. Mohamed Al-Anisi said that the Israeli occupation forces continued their inhuman treatment of and crimes against the Palestinian people. These crimes were confirmed by the report of the High Commissioner for Human Rights and the inquiry mission established by the Commission. Israel was called upon to comply with the Fourth Geneva Convention and other international conventions and withdraw from all Arab occupied territories, including the Syrian Golan and the rest of the Lebanese territories.

ALI MOHAMED YASSIN OSMAN, Minister for Justice of Sudan, said the international framework for human rights, while well-founded in concept, was greatly undermined by practices of double standards, selectivity, non-objectivity and politicization when dealing with certain countries.

Sudan had taken a series of positive steps since he had spoken before the Commission last year, the Minister of Justice said; a new act allowed wider and freer operation of political parties; a number of political figures had returned to the country from self-exile; parliamentary and presidential elections had been held in a healthy and fair atmosphere; a Presidential cabinet had been formed that included members of different political parties; governors had been appointed along with the Chairman and members of the coordinating Council for the South; and extensive funds had been allocated under the Government's Rescue Programme for the South.

The Government was leaving no stone unturned in its efforts to end the long-running war in the south of the country, the Justice Minister said, and under the peace agreement signed in 1997 there was for the first time recognition of the right to self-determination for the people of the South. Seminars had been held to facilitate discussions between the Government and the rebel SPLM/A. The Government also was committed to the joint Egyptian-Libyan National Reconciliation Initiative. However, intransigence by the rebels continued to cause problems and the international community was urged to pressure the SPLM/A to participate effectively in the peace process. Operation Lifeline Sudan provided humanitarian assistance to the needy population, but the rebels often diverted this assistance for the use of their armed men.

Ending the abduction of women and children in rebel-held areas and adjacent areas in the South was a matter of utmost priority for the Government, Mr. Yassin said; its Committee on the Eradication of Abduction of Women and Children (CEAWC) had done much to return victims and had been widely praised by the international community; in contrast, the international community had come to recognize that the practice of redeeming individuals by buying them back, as practised by some NGOs, had proved futile and ineffective. The Government expressed gratitude to the European Union, UNICEF, the Government of Canada, and several NGOs for financial and material support for CEAWC operations.

Sudan had welcomed last month the Commission's Special Rapporteur on the situation in the country, Mr. Yassin said, and had assured him of the Government's full support and cooperation. The Government also had signed last year a technical-services agreement with the Office of the High Commissioner for Human Rights.

ABDELOUAHED BELKEZIZ, Secretary-General of the Organization of the Islamic Conference (OIC), said that as the world today stood on the threshold of the twenty-first century, planet earth was still the scene of many injustices and acts of oppression and hegemony which affected millions of people. Wars and starvation, ethnic cleansing and the displacement of people from their homes and cities, the coercive massive exodus of civilians, and other catastrophes still plagued many of the peoples of the globe. The vast majority of the population of earth was still struggling for their right to development and liberation from coercive measures and constraints. The ever-increasing gap separating the rich countries from the poorer ones was expanding day in day out so that the rich were getting richer and the poor poorer. Capital flow as still going from the poor countries of the South towards the richer countries of the North while the brain and competence drain continued in the same direction. All of this went on whilst globalization continued unrelenting under the banner of the survival of the fittest, thus inflicting great damage on the efforts of the developing countries for development and progress.

Discrimination based on biological racism had barely receded from the scene of international politics in the last few years when a new form of racism had assumed the role of exploitation and hegemony that used to be practised by orthodox biological racism. The international community must strive to put an end to xenophobia, the profanation of religion and particularly Islamophobia which was a heinous violation of human rights and an abhorrent kind of racism.

Perhaps the most serious of human rights violations was the denial for an entire people of their political rights, foremost among which was the right of self-determination. This was the case of the Palestinian people who were enduring a vicious aggressive campaign that aimed at uprooting them from their land, denying them their basic rights, demolishing their infrastructure, usurping their funds and massacring their individuals and children. While the resistance of the Palestinian people against Israeli occupation materializing in the Intifada was legitimate resistance approved by International Law and the prevailing conventions, Israel's use of barbaric excessive force against this resistance had gone beyond all bounds. Although the Commission had held a Special Session in October 2000 to condemn these grave and exceptional violations, Israel had not paid any attention to the condemnation, but rather persisted, and still persists, in carrying out its violations of international law and all international conventions and agreements.

CARLOS AMAT FORES (Cuba) said that international cooperation for the full realization of all human rights for everybody has been but a dream. The dialogue and mutual comprehension on human rights advances had been substituted by confrontation and intolerance. Immediately after the end of the Cold War, the Commission had become a new scene of aggression and of the political and ideological re-colonization of the countries of the South. Last year, the Commission had adopted 18 resolutions and 2 declarations of the President criticizing the situation of human rights in 22 countries of the South. In this criticism, the role played by the Group of West Europe and Other States was determining. However, not a single decision by the Commission referred to the well-documented situations of serious violations of human rights which everyone knew occurred in the so-called developed world.

Once again, the Commission was obliged to consider a draft resolution which accused Cuba of violating human rights. This exercise against Cuba was only possible because of the alliances and commitments of its promoters in fields which had nothing to do with human rights, nor with the principles of justice and equity that sustained these rights. The coercion and blackmailing methods that the United States of America applied to weak and economic-dependent countries in order to oblige them to serve its hegemonic interests. The exercise against Cuba made the manipulation of the Commission by the United States and its powerful allies more evident every time, sinking it in the most absolute discredit year after year. It was convenient to point out that the United States - which had so much to reproach itself because of the deplorable situation of massive and flagrant denial of the human rights to tens of millions of persons inside their own borders - was the country least qualified to criticize others.

YURI BOICHENKO (the Russian Federation) said that a decade after the Cold War had ended, one had the impression that it was still keeping the international community from facing its current challenges; human rights should not be an ideological dogma, a division of States into the just and the sinners. Uranium-tipped weapons were being fired where they hurt the people of innocent States. Political commonplaces should not be used to explain crises and conflicts, with some considered right and some considered guilty in advance. This trend unfortunately had been clear in the international response to the situation in the Balkans -- long-running prejudices had continued.

In the Balkans it was clear that there was an insurrectional challenge to the international community by terrorists. The Russian Federation had frequently warned of this; it had pointed out for years that terrorists were spreading around the world, and terrorists must never be granted impunity. Much that had been said about the Chechen conflict in the Commission was inaccurate; the Russian Federation was fighting international terrorism there; it was defending its sovereign territory and its population against the extreme human-rights violations of terrorists.

IMTIAZ HUSSAIN (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said that the OIC regretted that resolutions under this agenda item continued to target Muslim countries. This was the reflection of deep seated bias against Islamic heritage and was contrary to the spirit of dialogue and cooperation. The OIC was deeply concerned at the frequent and deliberate misrepresentation and campaign of slander against Islam. The OIC remained concerned about the plight of Muslim peoples and Islamic communities in various regions of the world.

The glaring example of today's systematic human rights violations was none other than the continued violations of the rights of the Palestinians and other Arabs living under Israeli occupation and the continued occupation of the Syrian Golan by Israeli forces. In Lebanon, the Lebanese people were confronted with the problems of full recovery of their territory, and full implementation of UN Security Council resolutions. The OIC expressed its concern over the continued detention of dozens of Lebanese civilians in Israeli prisons and the thousands of mines left behind by Israeli occupying forces, which were causing daily civilian casualties. The OIC called on Israel to deliver the maps of those land mines.

The OIC believed that the people of Afghanistan needed international political and humanitarian support. With regard to Bosnia and Herzegovina, the OIC was deeply concerned about the difficulties faced by the returnees to Republika Srpska and the Croat controlled areas, the fate of over 20,000 missing persons and the absence of functional central institutions. The OIC also expressed concern over the occupation of the Azerbaijani territories and the plight of one million Azerbaijani displaced persons and refugees. The OIC affirmed respect for the sovereignty, territorial integrity and political independence of Iraq and expressed its sympathy with the suffering of the Iraqi people. Finally, the OIC called on the Russian Federation to continue negotiations with the representatives of the Chechen people with a view to reaching a peaceful settlement of the situation in Chechnya.

NUGROHO WISNUMURTI (Indonesia) said there had been numerous changes in the country over the past several years to improve democracy, good governance, the rule of law, and human rights; the country still was undergoing a difficult transition, but a vibrant press and civil society were indications of its recent progress. Among other things, the House of Representatives had passed a law for the establishment of human-rights courts, and ad hoc human-rights courts would deal with problems occurring before enactment of the law and would deal with human-rights violations committed in East Timor in September 1999. The Government had meanwhile been following up on findings submitted by the Human Rights Investigative Committee which had looked into the aftermath of the ballot in East Timor in 1999.

The Government had reached agreement with the Office of the High Commissioner for Human Rights on a plan for enhancing the Indonesian judicial system; and steps were being taken to deal with continuing problems related to the refugee situation in West Timor. There also were separatist movements in Aceh and Irian Jaya and inter-ethnic clashes in Central Kalimantan and inter-communal conflicts in the Moluccas which had religious overtones. Promoting human rights and ensuring the well-being of more than 210 million Indonesians of enormously varied ethnic, cultural, linguistic and religious origins and spread over more than 17,000 islands was not an easy task. But the Government was doing its best.


Rights of Reply

A Representative of Angola, speaking in right of reply, said Norway had mentioned Angola in its statement; Angola regretted the persistence of war in the country; Angola knew who was responsible for the continuing violations of human rights; Angola and the United Nations had been misled in the peace process by those who wished to continue the fighting. The country had not, in fighting this conflict, indulged in states of emergency or in abrogation of fundamental human

rights; in much of the country the rule of law had been restored. Efforts were being made to protect innocent civilians and to improve respect for human rights. UNITA had carried out extra-judicial executions, and the Government was striving to apportion guilt for these offenses.

A Representative of Sudan, speaking in right of reply, said his country categorically rejected the allegations of human rights violations levelled at it by the head of the United States delegation. Independent experts and observers had visited Sudan and had established the fact that slavery did not exist in the country. The allegation was levelled with the aim of tarnishing the reputation of the country. The Government had acknowledged the existence of intertribal abductions and had set up a committee against abductions in 1999 with the assistance of various national and international agencies and NGOs. As a result, 358 abducted persons had been reunited with their families. With regard to freedom of religion, the Representative stated that freedom was guaranteed by the Constitution. By levelling unfounded accusations against Sudan, the United States wanted to divert the Commission's attention from its bombardment of a pharmaceutical factory in Sudan in 1999.

A Representative of Saudi Arabia, speaking in right of reply, said the European Union and other countries unfortunately had not made objective statements concerning Saudi Arabia; it was not the first time the European Union had thrown allegations at others notwithstanding the violations within its own community. Did this serve the cause of human rights? And should the EU talk about what happened in Saudi Arabia without having proof? This violated credibility, and credibility was important to the operation of the Commission. Saudi Arabia was an Islamic country that took all its rules from Islam; it did not accept unfounded criticism. Human rights could not be promoted through such criticism, which was based on religion. Such politicized statements would not change Saudi Arabia's commitment to Islam but did threaten the objectivity of the Commission and its mission of protecting human rights.

A Representative of Albania, speaking in right of reply, said that his delegation would soon circulate an official paper which would respond to a statement made yesterday by the Representative of the Federal Republic of Yugoslavia.

A Representative of Israel, speaking in right of reply, said that eight years ago, Palestinians and Israelis had begun to move from confrontation to mutual recognition, peace, and co-existence; last summer permanent-status negotiations had begun; for its own reasons, the Palestinian Government had decided to break off negotiations and had resorted to violence, and all had seen the tragic results. Israel had been subjected to numerous terrorist attacks; it had been compelled to respond to such assaults and it would continue to defend itself. However, it was not too late to end such confrontations and return to peaceful negotiations. There had been no clear, unequivocal public call by a senior Palestinian official addressing the Commission last week for an end to the violence, and that was significant.

A Representative of Burundi, speaking in right of reply, said that his country had called upon the Democratic Republic of the Congo to keep Burundian refugees away from the east of the Congo, in conformity with international conventions on refugees. Recruited among Burundian refugees in the east of the Democratic Republic of the Congo, the FDD had attacked Burundi from the east of the Congo. Under these circumstances, the Burundian army was obliged to pursue them as far as the Democratic Republic of the Congo.



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