SPECIAL RAPPORTEUR ON SITUATION IN OCCUPIED PALESTINE CALLS FOR NEGOTIATIONS, END TO MILITARY PRESENCE

26 March 2002




Session of Commission on Human Rights also Addressed
by Ten High-Level Government Officials


The Commission on Human Rights began its discussion this morning of the situation of human rights in the occupied Arab territories, including Palestine, hearing from a Special Rapporteur who said the Middle East conflict was now marked by indiscriminate killing and wounding of civilians by both Israelis and Palestinians, that circumstances were deteriorating, and that only negotiations leading the termination of the Israeli military occupation could halt the spiralling violence.

The Special Rapporteur, John Dugard, said there was a fundamental difference in perception between the two sides -- Palestinians saw Israeli military occupation as the principal cause of the crisis, while Israelis saw terrorism as the cause. Since 11 September international support for the belief that terrorism was the main problem to be confronted in the region had inevitably grown, Mr. Dugard said. He added that terrorism was a scourge that threatened Israelis and Palestinians alike.

The Commission also heard ten addresses from high-level Government officials.

Roberto Rojas Lopez, Minister for Foreign Affairs of Costa Rica, said among other things that the country had prohibited capital punishment in the nineteenth century and in 1948 had abolished its national military system. Those and other decisions, he said, had allowed Costa Rica to concentrate on the education and health of its population and on developing a political system based on human rights.

Luaba Lumu Ntumba, Minister for Human Rights of the Democratic Republic of the Congo, charged that armies from Rwanda and Uganda remained on Congolese territory and in combination with rebel groups had committed massive atrocities against civilians, leading, among other things, to 2 million internally displaced persons and 400,000 refugees. He called for the foreign forces to withdraw unconditionally and for the United Nations Security Council to set up an International Criminal Tribunal to punish those who had committed human rights violations.

Jorge Castaneda, Minister for Foreign Affairs of Mexico, said among other things that the Government was committed to the promotion of human rights and to settling traumatic problems of the past, and to that end had invited the High Commissioner for Human Rights to set up an office in Mexico and had taken such steps as appointing a special investigator to look into crimes that might have been committed in the name of the State in recent decades.

Hanan Ashrawi, Special Envoy of the Palestinian National Authority, told the Commission that she had come to express the pain of a nation in captivity -- a people deprived of the most basic rights and fundamental freedoms and bereft of the protection of international law both individually and collectively. More than 2,300 Palestinians had been murdered, of whom 836 were children, since September, she said. She stressed that the United Nations Security Council's "two-State" proposal for the Middle East should be adopted and the root causes of the Palestinian-Israeli conflict should be addressed.

Surakiart Sathirathai, Minister for Foreign Affairs of Thailand, said among other things that the country's 1997 Constitution demonstrated a strong commitment to human rights and the Government was wasting no time in putting it into effect, among other things through policies to improve housing, education, health, and the protection and fair return of illegal migrant workers. Mr. Sathirathai added that Thailand was offering advice and aid on "local economy self-sufficiency" to Afghanistan.

Felipe Perez Roque, Minister for Foreign Affairs of Cuba, charged that an ever-increasing lack of credibility and extreme politicization were hindering the work of the Commission; that the Commission's resolutions last year had criticized the human rights records of 18 countries of the Third World but had not mentioned any human rights violations in the developed world; that a minority of rich, developed countries, led by the United States, were imposing their interests on the Commission; and that such unfair practices had to end.

Abdul Sattar, Minister for Foreign Affairs of Pakistan, said among other things that while terrorism must be condemned and eliminated in all its forms, the 11 September terrorist attacks had brought to the surface misperceptions and misrepresentations of Islam, which was a religion of peace which prohibited aggression and equated the killing of an innocent person with the murder of all humanity. Mr. Sattar said Pakistan was well embarked on a "silent revolution" of economic revival, good governance and political rationalization.

Hubert Vedrine, Minister for Foreign Affairs of France, said that although wars and crises remained numerous, human rights violations were less and less tolerated, acceptance of the unacceptable was retreating, and democracy was spreading throughout the world. He called for anti-terrorism measures to comply with human rights standards, for quick establishment of an International Criminal Court, for greater attention to the rights of religious minorities and women, and for further efforts to promote development.

Joseph Deiss, Head of the Federal Department for Foreign Affairs of Switzerland, said strict adherence to and respect for international humanitarian law, including the Geneva Conventions, was crucial, as these regulations set minimum standards below which the denial of human dignity and the abuse of force began. Mr. Deiss called, among other things, for humanitarian law to be observed in the Middle East conflict and in the battle against terrorism.

And Goran Svilanovic, Federal Minister for Foreign Affairs of the Federal Republic of Yugoslavia, told the Commission said everyone on the territory of the former Yugoslavia had to face the legacy of the terrible crimes committed during recent ethnic conflicts -- that doing so was both a political and moral necessity for achieving reconciliation in the region. He called for greater protection of the human rights of non-Albanian communities in Kosovo and Metohija, said a strategy had been worked out for the return of 400,000 refugees now in Yugoslavia, and reported that successful measures had been taken to build confidence among ethnic communities in southern Serbia.

The Commission will reconvene at 3 p.m. to continue its debate on the human rights situation in the occupied Arab territories. High-ranking officials of the Office for Security and Cooperation in Europe (OSCE), of Sudan, and of the International Committee of the Red Cross also are scheduled to deliver addresses.


Question of the violation of human rights in the occupied Arab territories, including Palestine

Under this agenda item the Commission has before it a series of documents.

There is a report of the Special Rapporteur on the situation in the occupied Palestinian territories (E/CN.4/2002/32) which has among its conclusions "The parties to the conflict are themselves either incapable of or unwilling to bring the violence in the occupied Palestinian territories and Israel to an end. In these circumstances, the need for an international presence, either in the form of monitors or peacekeepers, is surely imperative to reduce violence, restore respect for human rights and create conditions in which negotiations can be resumed. International humanitarian law and human rights norms have been seriously violated by both parties. Both Israelis and Palestinians should make every endeavour to respect the rule of law, human rights and humanitarian law. Targeted killings of selected Palestinians by guided missiles, terrorist bombings in Israel, the demolition of homes in the Palestinian territories and the indiscriminate killing of civilians by both sides must cease". The Special Rapporteur also calls for Israel to reconsider its use of checkpoints, as they "have caused great personal, social and economic hardships to civilians in no way involved in the conflict".

There is a note (E/CN.4/2002/31) by the Secretary-General listing all reports issued since the fifty-seventh session of the Commission dealing with conditions in Palestine and other territories under Israeli occupation.

There is a series of letters and notes verbale from Permanent Observer for Palestine to the High Commissioner for Human Rights charging Israeli human rights offenses in Palestine (E/CN.4/2002/11, 13, 126, 127, 128, 131, and 147).

And there are two notes verbale (E/CN.4/2002/6 and 129) from the Permanent Mission of Israel to the Commission on Human Rights, one responding to the Special Rapporteur's report and one responding to an incident in which a tracer bullet was fired at a vehicle escorting the High Commissioner during a 12 November visit to the region. Ballistic tests carried out by the Danish police indicated that the bullet was from a rifle that was not standard issue in the Israeli army, and that the bullet originated from a house in an area under the jurisdiction of the Palestinian Authority, according to the note.


Statements

JOHN DUGARD, Special Rapporteur on the situation of human rights in the Palestinian territories occupied by Israel since 1967, introducing his report (E/CN.4/2002/32) said he had made two visits to the occupied Palestinian territories and Israel since the last meeting of the Commission, and had held extensive discussions with members of the Palestinian Authority and with Palestinian and Israeli interlocutors mainly from the non-governmental community. He had not been able to meet with Israeli Government officials, as the Government of Israel objected to his mandate and had withheld cooperation. In his report he noted a series of human rights violations, including indiscriminate killing and wounding of civilians by both parties to the conflict; the failure of both parties to prosecute and punish those responsible for such atrocities; the expansion of Israeli settlements in violation of the Fourth Geneva Convention; the demolition of houses; restrictions on freedom of movement; severe socio-economic hardships in the occupied Palestinian territories resulting from restrictions of movement; disruption of education by the closing and bombing of schools; and the interrogation and detention of children.

Sadly, the situation had deteriorated radically since he had left the region on 15 February. Both Palestinian and Israeli casualties had increased sharply. The Israeli Defense Force's military operations had caused extensive damage to Palestinian homes, particularly in the overcrowded refugee camps of Balata and Jabaliya. The continued expansion of settlement activity was all too clear. The Palestinians saw the military occupation of their territory as the principal cause of the present crisis. The Israeli perception was very different. Israelis saw terrorism as the cause of the crisis. Since 11 September international support for the belief that terrorism was the main problem to be confronted in the region had inevitably grown. Terrorism was a scourge that threatened Israelis and Palestinians alike.

Mr. Dugard concluded by saying military occupation was the main cause of the present conflict and bore a heavy responsibility for the violation of norms of humanitarian law and human rights by both Israelis and Palestinians. Only negotiations between Israelis and Palestinians leading to the termination of the military occupation and to the realization of the "vision" contained in Security Council resolution 1397 of 12 March of two States, Israel and Palestine, living side by side within secure and recognized borders, could end the violence and restore respect for human rights.

ROBERTO ROJAS LOPEZ, Minister for Foreign Affairs of Costa Rica, said his country had devoted part of its history to human rights. Since the nineteenth century, Costa Rica had prohibited capital punishment and in 1948 it had abolished its national military system. Those decisions had allowed Costa Rica to concentrate on the education and health of its population. Since the end of the 1960s, Costa Rica had been developing a political system based on human rights. The country's democracy encompassed civil and political rights and economic, social and cultural rights.

Among Costa Rica's contributions to the promotion and protection of human rights in the Latin American region was the construction and promotion of an international system of human rights protection, Mr. Rojas Lopez said. In the 1960s, the American Convention on Human Rights was adopted to consolidate regional institutions. The Inter-American Court on Human Rights was created in 1981, with its seat in Costa Rica.

At the international level, Costa Rica had been an ardent advocate of universal protections for human rights through the creation of the Office of the High Commissioner. The setting up of the Office had been the result of 20 years of untiring work by Costa Rica and other supporting States. The intellectual honesty of and the contributions made by High Commissioner Mary Robinson had been highly valuable.

The people of Costa Rica believed in democracy and in fundamental freedoms, Mr. Rojas Lopez said. The Government thus had supported the various human rights mechanisms of the United Nations. In particular, it was concerned with modernizing the Commission so that it could more effectively accomplish its work.

During a meeting of Foreign Ministers of the Group of Rio in Costa Rica on 14 February, a regional working group had been created to elaborate on the idea of strengthening human rights promotion and protection mechanisms, Mr. Rojas Lopez said. Among other things, Costa Rica had proposed reform of the extra-conventional mechanisms of the Commission; and it had suggested the creation of a global report on human rights similar to that produced on development by the United Nations Development Programme (UNDP).

LUABA LUMU NTUMBA, Minister for Human Rights of the Democratic Republic of the Congo, said the Congolese people had been victims for four years now of the armies Rwanda and Uganda, which had defied universal values and fundamental freedoms and were determined to perpetuate their presence in Congo. The true reasons for the occupation of Congo were pillage of the country's resources, military and economic hegemony, vengeance, and blind reprisals. The rebel groups and their Rwandan and Ugandan allies had committed gross and massive violations of all human rights.

Mr. Ntumba said there were at least 3.5 million direct and indirect victims of the war of aggression and occupation of the Congolese territory. Some 15 million people had been affected by the war, of whom 2 million were displaced and 400,000 were refugees. The number of people suffering from neurological and mental troubles continued to increase because of the war. They included, among displaced persons, women who were raped or contaminated by HIV/AIDS, and traumatized children. The international community must exert pressure on the aggressors to make them unconditionally withdraw from the territory of the DRC and stop massacres and other massive violations of human rights. The DRC also called upon the UN Security Council to set up an International Criminal Tribunal for the Congo to punish the perpetrators of these crimes.

Mr. Ntumba said the Congolese Government was committed to strengthening democracy, consolidating the rule of law and promoting human rights and fundamental freedoms. Among the initiatives taken had been the promulgation of a law liberalizing political activities and allowing every citizen to found a political party or join an existing one. The Government was pursuing a policy of positive and constructive partnership with NGOs and human rights associations. It had reopened the offices of the African Association of the Defence of Human Rights. A Congolese charter of human rights had been adopted and a national action plan for the promotion and protection of human rights approved. Illegally detained persons had been freed and the Government was scrupulously observing a moratorium on the death penalty.

Particular attention was being accorded to the rights of the child, with emphasis on rehabilitating child soldiers. There was a ban on the recruitment of children under 18 years of age, a ban on the dispatch of children under 18 to the front and a ban on the use of children for purely military tasks. A more just society was emerging in the Congo.

JORGE CASTANEDA, Minister for Foreign Affairs of Mexico, said there was a two-fold challenge facing the Mexican Government; one, the need to keep up the momentum in the promotion of human rights; and second, the promotion of new actions to promote the full observance of human rights in a world that was still suffering the repercussions of 11 September. Mexico based its actions on the belief of the absolute value of human rights, a conviction to do everything so that human rights were respected in Mexico, and to comply fully with international human rights obligations. So far, action had been taken to harmonize domestic legislation and increase dialogue with civil society. A tangible achievement had been the adoption of 13 instruments for human rights, including provisions on forced disappearances, children in armed conflict, civil and political rights, and the elimination of discrimination against women.

The priority of dialogue with the outside world had been made clear in the Government's invitation to the Office of the High Commissioner for Human Rights to set up an office in Mexico with a broad mandate to investigate, promote and protect human rights. The current Government was convinced that sovereignty could not be used as a shield from outside criticism. In fact, sometimes outside or international criticism resulted in a country emerging even stronger and fairer. Mexico felt the need to settle its traumatic problems of the past. Only when the past had been dealt with in an open and transparent manner could such problems be avoided in the future. President Vicente Fox had appointed a special investigator to look into crimes that might have been committed in the name of the State in past decades. The state of law and the elimination of impunity played a significant part in this process. The valuable work done by human rights advocates had been recognized and endorsed by the Mexican Government.

The foreign policy of President Fox included discussions with human rights groups, Mr. Castaneda said. The clear commitment of Mexico to human rights could not allow any attempt to undermine economic migration and political asylum. The international conference just held in Monterrey on Financing for Development had reflected the country's commitment to economic and social rights. Security needs after 11 September posed a central dilemma for human rights, Mr. Castaneda said. In looking at terrorists who threatened human rights, one must not succumb to the temptation of violating human rights.

HANAN ASHRAWI, Special Envoy of the President of the Palestinian National Authority, speaking on behalf of President Yasser Arafat, said she addressed the Commission with a heavy heart, bearing with her the pain of a nation in captivity -- a people deprived of the most basic rights and fundamental freedoms and bereft of the protection of international law both individually and collectively. The Palestinian people were besieged, bombed, shelled, assassinated, and terrorized in every way possible. This unbridled violence, deliberately unleashed on an already captive and besieged nation, exceeded all forms of collective punitive measures to enter the realm of a premeditated infliction of pain as a brutal expression of a cruel and immoral policy and as an active instrument of coercion. Reduced to the level of abstract statistics, Palestinians had been systematically dehumanized and their lives devalued. More than 2,300 had been murdered, of whom 836 were children, since September. All violent deaths were tragic, but the cruelty was compounded by the wanton and needless deaths of those wounded who were denied medical services, most of whom bled to death as ambulances were denied access to hospitals.

Over 50 international and Palestinian journalists had been wounded and four killed in the past 18 months. Willful ignorance and imposed blackouts were the enemies of truth and justice, and ultimately they served to perpetuate the conflict while undermining the prospects for genuine peace. Tragically and ironically, the current Israeli Government seemed bent on regression into fundamentalist Zionism. However, the ethnic cleansing that had been perpetrated against the Palestinian people in 1948 must not and would not be repeated. It was imperative that the historical compromise of the two-State solution be recognized -- a solution that would establish the State of Palestine on 22 per cent of historical Palestine. The State of Israel would then have defined boundaries on 78 per cent of historical Palestine, or the 1967 lines that would constitute the "secure and recognized boundaries" repeatedly called for by the international community and in accordance with relevant Security Council resolutions.

Any peace agreement must include a just and legal solution to the refugee question, said Ms. Ashrawi. The same applied to the issue of the land itself. All forms of land confiscation, annexation, and settlement activity, for whatever pretext, must cease. Concerning terrorism, State and non-state actors must be held accountable for their actions pertaining to the exercise of all forms of violence and violations against innocent civilians for the purpose of achieving political gains. The Palestinian Authority had repeatedly deplored all attempts that targeted Israeli civilians. Instead of dealing with the latest violation or atrocity, instead of repeatedly blaming and bashing the victims, instead of reducing international efforts to the level of crisis management, it was necessary to deal with the root causes of the conflict.

SURAKIART SATHIRATHAI, Minister of Foreign Affairs of Thailand, said the tragic events of 11 September had shown that intolerance, racism, and racial discrimination could have devastating effects. Intolerance bred hatred and led to violence. Regrettably, one consequence of the attacks of 11 September had been Islamophobia. It was important for everyone to forge a new and safer world, free of racism and discrimination. All the world's people belonged to one human race.

Thailand was committed to the reconstruction of Afghanistan and was offering the fruits of its experience in peace-keeping in East Timor and Cambodia and in fostering economic self-sufficiency such as had occurred in Thailand under the leadership of the King, Mr. Sathirathai said. These efforts focused on engaging local community participation in developing their own livelihoods in harmony with local wisdom. These programmes, among other things, had motivated Thai hill people to cultivate alternative crops rather than opium. Thailand hoped that by sharing the success of these programmes, it would help the Afghan people to enjoy rights, freedom, and development.

The recently concluded Conference on Financing for Development had been unique because it had managed to forge consensus for the first time among Governments, international financial and trade institutions, and other stakeholders. The Monterrey Consensus had provided a roadmap for more effective partnership and greater coherence at all levels. Thailand hoped this momentum would continue at the World Summit on Sustainable Development in September.

Thailand was committed to domestic fostering of human rights and development, Mr. Sathirathai said, and the landmark 1997 Constitution reflected those aims. The Government had wasted no effort and no time in implementing policies to improve, among other things, housing, education, health, and the protection and fair treatment of illegal migrant workers. As the majority of such workers came from Myanmar, Thailand had entered into a Memorandum of Understanding with the Government of Myanmar, and was making sure that those returning home would do so safely and in dignity. The Government of Myanmar had promised the workers could return without punishment.

Globalization was contributing to the expansion of universal values, but the diversity of the world's peoples and cultures also had to be respected, Mr. Sathirathai said; it was imperative that both this and future generations learn to use the valuable parts of diversity to make the world a better place.

FELIPE PEREZ ROQUE, Minister of Foreign Affairs of Cuba, said an ever-increasing lack of credibility and extreme politicization weighed down the work of the Commission on Human Rights. Disrepute was growing, time was running out. A Commission at the service of everyone's interests was needed, one that was not hostage to the designs of a minority or, as became more obvious every day, to the whims of the mightiest.

It was absolutely necessary to banish from the Commission double standards, selectivity, inequality, arbitrariness, lack of democratic spirit, and attempts to ignore the defense of basic human rights. Did those who today questioned the legitimacy of the elections in an African country utter a word when, scarcely a year ago, amid scandal, one had to wait almost a month to learn who would be the President of the United States?

Last year, the Commission had adopted resolutions and declarations criticizing human rights situations in 18 countries of the Third World, Mr. Roque said. Some of those, like the one on Cuba, were imposed by using brutal pressure. Nevertheless, not one decision had mentioned any human rights violations in the developed world. Was it because there were no such violations or because it was impossible to criticize a rich country in the Commission? A minority of rich, developed countries were imposing their interests on the Commission. They were always the judges and never the accused. Why not try to form a coalition that would once again proclaim on its flag the aspirations of liberty, equality and brotherhood for all nations? Why not believe that a better world was possible?

He would not take a single minute to defend the generous and noble work of the Cuban Revolution in favour of the civil, political, economic, social and cultural rights of the Cuban people, Mr. Roque said. There was no country that had the moral authority to propose any censure of Cuba. Cuba would use all its strength to oppose the attempt to single Cuba out. It would reject any such resolution whatever its text and would reject any other manipulation. Cuba would not accept conciliatory appeals or exhortations to cooperate, since they were not necessary. Should any Government would offer itself to the anti-Cuba manoeuvre, Cuba was sure that it would not be doing so out of supposedly democratic convictions or a commitment to the defense of human rights. It would be doing so out of lack of courage to stand up to United States= pressures. Such a betrayal could only earn Cuba's contempt.

ABDUL SATTAR, Foreign Minister of Pakistan, said the fight against terrorism threatened to be long and hard. The task was complex; terrorism had diverse causes and perverse motivations. No factor alone was an acceptable justification but combined with despair and despondency these provocations prompted acts of desperation and violence. Terrorism must therefore be condemned and eliminated in all its forms and manifestations. Unfortunately, the 11 September terrorist outrage had brought to the surface misperceptions and misrepresentations of Islam. The Foreign Ministers of the Organization of Islamic Conference countries had pointed out that Islam was a religion of peace and like other great religions taught respect for human life and dignity. Islam prohibited aggression and the Holy Quran equated the killing of an innocent person with the murder of entire humanity. The concept of "holy war" was alien to Islam. President Musharraf's Government had taken steps to curb and restrain virulent trends within Pakistan and had banned extremist groups and organizations which spread extremism and hatred. The Government also had prohibited armed militias.

Since October 1999, a silent revolution had been in progress in Pakistan, taking the country toward economic revival, good governance and political rationalization, Mr. Sattar said. Reforms had been implemented to strengthen the rights of minorities, such as the acceptance of the demand of religious minorities for the restoration of the system of a joint electorate; steps had been taken to eradicate violence against women and the misnamed "honour-killings" would be treated as crimes of premeditated murder; the right to freedom of opinion and expression was and would be respected. Crucial to the silent revolution and social progress had been economic growth, better management, fiscal discipline, "right-sizing" of Government, and a freezing of expenditures on defense.

Pakistan followed a policy of peace also towards India, Mr. Sattar said. But despite these endeavours, tensions persisted. Everybody knew that Kashmir was the root cause of tension between the two countries. The 12 million people of Kashmir sought nothing more than the opportunity to exercise the right to self-determination. It was hoped that the Commission would investigate the human rights situation in Kashmir. No rational person could or should contemplate a war between Pakistan and India. At the same time it was clear that a durable peace required a peaceful settlement of disputes in conformity with the principles of justice and international law. The need for India to combat impunity for violations of human rights had been illustrated also by the horrible pogroms perpetrated in the Indian State of Gujarat four weeks ago, where several hundred -- probably thousands -- of people, most of whom were Muslim, were burned alive or massacred.

HUBERT VEDRINE, Minister for Foreign Affairs of France, said the international environment had changed. Although wars and crises remained numerous, human rights violations were less and less tolerated. Acceptance of the unacceptable was retreating. Democracy was spreading throughout the world.

The international community had resolutely undertaken to fight terrorism, Mr. Vedrine said, but it could not be ignored that the legitimate feelings aroused by these terrorists acts were being used by some countries to evade their international obligations in terms of respect for human rights and international humanitarian law. The fight against terrorism must not be used to legitimize repression, muzzle protest or justify the use of unacceptable methods. The right to life, the prohibition of torture, the rights to freedom of expression, conscience, religion and the principle of non-discrimination could not be derogated from under any circumstances. At the same time, the trap of the clash between civilizations that some were seeking to encourage must be avoided.

Mr. Vedrine said the international community had undertaken the commitment to fight racism and intolerance, and he urged all countries to carry out this commitment. In an era conducive to oversimplifications, everyone must be vigilant in the face of manifestations of religious intolerance and in defending the rights of women, who were too often the object of severe and multiple discrimination and were sometimes denied the most basic rights.

The year 2002 would be remembered for progress made in the fight against impunity, Mr. Vedrine said, as witnessed by the trial of Slobodan Milosevic and by the imminent entry into force of the International Criminal Court. France called on all States to ratify the Rome Statute to make the Court a reality, and to elaborate a normative international instrument to combat forced disappearances.

The debate on globalization had put economic, social and cultural rights and the right to development back on the agenda, Mr. Vedrine said. Only development could bring an end to misery and social exclusion and lay a solid basis for democracy.

JOSEPH DEISS, Head of the Federal Department for Foreign Affairs of Switzerland, said the Commission should focus its prime attention on the most vulnerable people in the world today -- vulnerable as a result of their weakness or their differences -- as well as on those who rendered themselves vulnerable as a result of their commitments. That meant human rights defenders: activists, lawyers and trade unionists, teachers, writers and journalists, as well as a number of religious leaders, witnesses and others. The advancement of a country with regard to human rights could be judged by the degree to which it protected its weakest citizens and even more so those who were looked upon with hostility, either by the authorities or by society.

Giving priority to international humanitarian law was even more true and urgent in time of war. The rights to dignity of civilians and even of enemy combatants were enshrined in the Geneva Conventions of 1949, which had been strengthened and completed by two additional Protocols in 1977. Those Protocols set out rules of conduct applicable in particular during internal conflicts, establishing such mechanisms as the International Humanitarian Fact-Finding Commission. International humanitarian law was not a theoretical ideal; it was the minimum standard below which the denial of human dignity and the abuse of force would begin. Those standards were part of the non-derogable core of human rights. It was both illegal and dangerous to invoke reasons of security to question the validity of the rule of humanitarian law.

Disregard of humanitarian law would lead to deadlock and would breed violence. It was that solemn warning that115 High Contracting Parties to the Fourth Geneva Convention had issued on 5 December 2001 in the form of a declaration, recalling everyone's obligations. The participants had addressed that appeal to the whole international community, to all the parties to the Israeli-Palestinian conflict, and specifically to the Occupying Power. A just and lasting peace there, one which would bring security and economic progress to everyone, would be achieved by ending the occupation and, until that was achieved, by applying de jure the law that governed the conditions of occupation and which protected civilians.

On 11 September, the reality of terrorism as an abject negation of human dignity had been made clear to everyone, Mr. Deiss said. The prevention and repression of attacks against innocent civilians had become an urgent humanitarian priority. If the response to terrorism was to be credible and efficient, and if it was to achieve its declared objectives, it should be in conformity with universal rules which protected the human being. Those rules should never be allowed to become indirect victims of terrorism. On the contrary, international law was the world's instrument of defense against aggression such as that of 11 September. The best response to those who violated the universal values and principles contained in international humanitarian law was to reaffirm those principles through dialogue.

GORAN SVILANOVIC, Federal Minister for Foreign Affairs of the Federal Republic of Yugoslavia, said it was no secret that human rights were violated almost in all quarters of the world and that human dignity was frequently threatened or violated. More than a billion people lived in extreme poverty; millions of refugees and internally displaced persons could not return to their homes; there was still discrimination along ethnic, national and religious lines; exploitation of women and children was still widespread; unemployment was on the rise; education was elusive for many people; and health-care protection was still provided selectively. Terrorism which threatened the fundamental human right to life had become a global phenomenon which required a universal response that must always be in conformity with international human rights standards.

It was well known that South Eastern Europe had in the past been the scene of the most flagrant instances of intolerance, xenophobia and hate speech, and that these acts had resulted in large-scale human rights violations and ethnic conflicts, Mr. Svilanovic said. Everyone in the territory of the former Yugoslavia should face the legacy of these terrible crimes, while individual perpetrators should be punished. This was not only a political but a highly moral and civilizing act which represented the best way to achieve reconciliation and re-establish trust and thus stabilize the situation in the region. As a Member State of the UN, Yugoslavia was aware of its international obligations and stood ready to cooperate fully with The Hague Tribunal.

Mr. Svilanovic said protection of human rights and interests of non-Albanian communities in Kosovo and Metohija was still not satisfactory. In addition, nothing had been done to account for abducted and missing persons there. With almost 400,000 refugees from Croatia and Bosnia and Herzegovina, the Federal Republic of Yugoslavia had the largest refugee population in Europe. In cooperation with the High Commissioner for Refugees, a national strategy for a lasting solution to the refugee issue had been prepared with voluntary repatriation being one of the priority solutions. Continued assistance from the international community was required. Measures taken so far to build confidence among members of various ethnic communities in southern Serbia had resulted in an improvement of the security situation, the creation of a multi-ethnic police force, the return of internally displaced persons and economic recovery.



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