SPECIAL RAPPORTEURS ON RELIGIOUS INTOLERANCE AND JUDICIAL INDEPENDENCE, INDEPENDENT EXPERT ON COMPENSATION ADDRESS COMMISSION ON HUMAN RIGHTS

AFTERNOON
HR/CN/99/32
12 April 1999



Special Rapporteurs on religious intolerance and the independence of judges and lawyers spoke before the Commission on Human Rights this afternoon, along with the Commission=s Independent Expert on restitution, compensation and rehabilitation for victims of grave violations of human rights.

Their remarks came as the Commission carried on with consideration of its agenda item on civil and political rights. Several countries and a number of non-governmental delegations spoke from the floor on topics grouped under the item, which include torture and detention; disappearances and summary executions; freedom of expression; independence of the judiciary and administration of justice; religious intolerance; states of emergency; and conscientious objection to military service.

Param Cumaraswamy, Special Rapporteur on the independence of judges and lawyers, told the Commission, among other things, that he wished more Governments would accede to his requests to visit their countries and that more would respond to his requests for information. He welcomed the recent second decision of the House of Lords of the United Kingdom in the Pinochet case, which he said reaffirmed categorically the importance of upholding in every judicial adjudication the principle that the courts, including the appellate courts, must not only be independent and impartial but perceived to be so.

Charif Bassiouni, Independent Expert on restitution, compensation, and rehabilitation of victims of grave human-rights abuses, said existing standards for redress of victims varied widely under international instruments prohibiting torture; extrajudicial, summary or arbitrary executions; violence against women; systematic rape, sexual slavery and slavery-like practices during armed conflict; and illicit movement and dumping of toxic waste. He said it seemed necessary to develop a set of guidelines that would be relevant to the statue establishing the International Criminal Court.

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Abdelfattah Amor, Special Rapporteur on religious intolerance, contended that education was vital for fostering tolerance, and that all individuals and Governments should be taught the advantages of a non-biased view and instructed in the blessings of a multi-cultural society. He also said more effort should go into fighting religious extremism.

Representatives of Sudan, the Russian Federation, the Republic of Korea, Cuba, Tunisia, and Paraguay spoke at the meeting.

The following non-governmental organizations also delivered statements: European Union of Public Relations; International Fellowship of Reconciliation; International Human Rights Association of American Minorities; Interparliamentary Union; World Press Freedom Committee; World Council of Churches; National Union of Jurists of Cuba; Franciscans International; International Young Catholic Students; Brahma Kumaris World Spiritual University; Robert F. Kennedy Memorial; Latin American Federation of Associations of Relatives of Disappeared Detainees; International Women=s Tribune Centre; Worldview International Foundation; Third World Movement against the Exploitation of Women; Netherlands Organization for International Development Cooperation; International Institute for Peace; Permanent Assembly for Human Rights; Women=s International League for Peace and Freedom; Centre Europe- Tiers Monde; and Aliran.

The Commission will reconvene at 10 a.m. Tuesday, 13 April, and is expected to conclude its discussion of civil and political rights.

Civil and political rights

Under this agenda item, the Commission has before it a report (E/CN.4/1999/60) by the Special Rapporteur on the independence of judges and lawyers, Param Cumaraswamy, which deals with the activities of the Special Rapporteur, theoretical issues, standards, judicial decisions reflecting the independence and impartiality of the judiciary, country situations; and conclusions and recommendations. The report concludes by calling on all governments and relevant organizations at the national and international levels to assist the continuing work of the Special Rapporteur. He also recommends that the Government of the United Kingdom of Great Britain and Northern Ireland establish an independent judicial inquiry to investigate the murder of Patrick Finucane; appeals to all Governments to respond to his interventions promptly and to attend positively to his requests to undertake missions; and requests provision of professional translation assistance from the Office of the High Commissioner for Human Rights to enable him to discharge his mandate effectively.

The Commission also has before it document (E/CN.4/1999/65) which is the report of the Independent Expert on the right to restitution, compensation and rehabilitation for victims of grave violations of human rights and fundamental freedoms, Cherif Bassiouni. This report contains the progress achieved by the Independent Expert according to his mandate at this point; a comparison of the proposed guidelines on reparation for victims; a comparison of the basic principles of justice for the victims of crime and abuse of power; and an assessment of the provisions on reparations for victims in the statute of the International Criminal Court. In dealing with his mandate, he recommends, among other things, that the terminology must be clarified; the point of departure for the development of coherent


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guidelines on the right to reparation must be the victim; and the measure of damages should correlate to the gravity of harm suffered.

There is also a report (E/CH.4.1999/58) by Abdelfattah Amor, Special Rapporteur on religious intolerance, which concludes that fifty years after the adoption of the Universal Declaration of Human Rights, with its article 18 being the cornerstone of religion and belief, one cannot help noticing the persistence of manifestations of intolerance and discrimination based on religion or belief in countries at different stages of development and different political, social and religious systems. He identifies a number of factors important in combatting and preventing intolerance and discrimination based on religion or belief. These include increase in financial factors and human and technical resources. He recommends a more neutral and encouraging tile, such as "Special Rapporteur on freedom of religion or belief" instead of reference to religious intolerance. To lay foundations of prevention at the earliest opportunity, it is a priority to attack the dual scourge of extremism and discrimination against women.

There is an addendum (E/CN.4/1999/58 Add.1) to Mr. Amor=s report on his mission to the United States. The Special Rapporteur has endeavoured to give an account of the legal situation there with regard to tolerance and non-discrimination based on religion and belief. He notes it is essential to make society and the whole of the administrative and political apparatus aware of the indigenous peoples' religions and spiritual beliefs in order to prevent any attitude and encouraged authorities to act accordingly. He emphasizes the value of the inter-denominational dialogue he found taking place in certain places he visited and particularly in California.

The Commission is also considering an addendum (E/CN.4/1999/58/Add.2) to Mr. Amor=s report on his mission to Viet Nam. The Special Rapporteur=s analysis of the situation in Viet Nam focuses on legislation and State policies in the field of tolerance and non-discrimination based on religion or belief and religious communities. The Special Rapporteur encourages Viet Nam in particular towards a gradual and very broad extension of the progress observed and discussed in this report to Vietnamese society as a whole and, accordingly, to all religious communities and communities based on beliefs in order that Viet Nam may effectively consolidate its role in the international community.

Statements

PARAM CUMARASWAMY, Special Rapporteur on the independence of judges and lawyers, introducing his report, said he had reviewed situations in several countries. The Government of Guatemala had extended an invitation to carry out a mission visit there and he requested that other countries respond positively when he asked for information or sought to make visits. He welcomed the recent second decision of the House of Lords of the United Kingdom in the Pinochet case which reaffirmed categorically the importance of upholding in every judicial adjudication the principle that the courts, including the appellate courts, must not only be independent and impartial but perceived to be so. He regretted that he was not able to present a
report on the follow-up to his mission to Belgium and said he would soon submit his report to that Government.

Mr. Cumaraswamy said the brutal murder of defense lawyer Rosemary Nelson on March 15 had once again had a chilling effect on the independence of defense lawyers and other human-rights defenders in Northern Ireland. He

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cited numerous other cases related to the independence of the judiciary and lawyers, including the Patrick Finucane murder, and said that he would raise the issue of whether there had been collusion by security forces, including the Royal Ulster Constabulary, in that murder. He reiterated his recommendation for an inquiry. He called on the members of the Law Society of Northern Ireland to set aside their sectarian differences and join ranks in defense of the independence of their profession, a paramount objective of any bar association in a democracy.

Mr. Cumaraswamy appealed to the Government of Pakistan to provide immediate security and protection to the prominent lawyer Asma Jahangir in Lahore, whose client had been shot dead at point-blank range. This murder illustrated another kind of threat that lawyers were subjected to in the discharge of their professional duties.

CHERIF BASSIOUNI, Independent Expert on the right to restitution, compensation, and rehabilitation for victims of grave violations of human rights and fundament freedoms, said his report provided the Commission with a revised version of the basic principles and guidelines elaborated by Theo van Boven, the former Special Rapporteur of the Subcommission on the Prevention of Discrimination and Protection of Minorities on the right to restitution, compensation and rehabilitation of gross violations of human rights and fundamental freedoms. He had received comments from various States and various non-governmental organizations. Two consultive meetings were held between the expert and various representatives. In connection with this study, it was found that other thematic mandates dealt with the issue of victim redress. These mandates concerned: torture; extrajudicial, summary or arbitrary executions; violence against women; systematic rape; sexual slavery and slavery-like practices during armed conflict; the adverse effects of the illicit movement and dumping of toxic wastes on the enjoyment of human rights; and impunity of perpetrators of violations of human rights. An examination of all these reports revealed a number of inconsistencies, overlaps, and gaps that made it difficult to simply update the guidelines and principles contained in the 1997 report.

Mr. Bassiouni said it also seemed necessary that the guidelines also be relevant to the statute of the International Criminal Court. A review of the comments by States, the International Committee of the Red Cross, interested non-governmental organizations and other resolutions and reports in several United Nations documents revealed that the following issues and questions needed to be resolved before finalizing the basic principles and guidelines. There was need to clarify, define and make consistent the use of important terms; for example, human rights and humanitarian law, human rights and freedoms, were sometimes used interchangeably. Did the invocation of international humanitarian law encompass all 34 of the conventions concerning the prohibition and control of the use of weapons and the law of genocide and crimes against humanity as well as the traditional conventional and customary
law of armed conflict? Questions arose concerning who was responsible for providing redress to the victims; the violator in his/her personal capacity, the State or a trust fund? Should the State provide compensation if the individual violator could not be found. The issue of a Government=s financial burden for violations attributable to a prior regime must also be addressed. The legal criteria employed at the international, regional, and national level should be studied in order to ensure that claims for redress and measures of damages correlated to the gravity of harm suffered, with a view to presenting a revised draft of the guidelines to the Commission at its meeting in 2000.

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ABDELFATTAH AMOR, Special Rapporteur on the elimination of intolerance and all forms of discrimination based on religion or belief, said that many communications had been received from and addressed to States. An urgent appeal was made to Iran, for example, which had applied the death penalty on religious grounds, as well as persecuting those of the Bahai religion. It was for States to realize that each individual and minority deserved the respect of the Government and the protection of the latter. Women were subject to a form of religious apartheid, and suffered under religious fundamentalism, for example in Afghanistan. In these cases, all members of society, not just the Government, were responsible.

Mr. Amor said many States had responded to him. An instrument which improved the dialogue and the understanding of situations in the domain of tolerance and non-discrimination based on religion or belief remained the personal visits of the Special Rapporteur. In the area of education, all (individuals and Governments) should be taught the advantages of a non-biased and prejudiced view, and the gifts of a multi-cultural society. The Special Rapporteur called for a re-titling of his mandate, and insisted upon the importance of fighting religious extremism.

ALI AHMED ELNASRI (Sudan) said his country was firmly and deeply committed to the universality of human rights and paid a great deal of attention to civil and political as well as to economic, social, and cultural rights. The efforts made by the international community to defend these rights were commended, but there was a need to implement them nationally.

The greatest threat to these rights was that double standards had been applied. The Government of Sudan attached great importance to cooperating with the United Nations and its human-rights mechanisms. A threat to the implementation of civil and political rights was the unilateral violation by certain States, such as the United States, which had bombed Sudanese territory. A further threat was civil war, such as in Kosovo. Citizenship should be the basis of rights, not religious or ethnic factors. The right to life and the right to security were enshrined in the Sudanese Constitution.
Vladislav ERMAKOV (the Russian Federation) said Abdelfattah Amor, Special Rapporteur on religious intolerance, had said there must be a struggle against fundamentalist religious fanatism. Efforts should be made to strengthen existing protections against fundamentalist violence. A federal law had been adopted in Russia supporting religious tolerance which had won approval from numerous religious organizations. There had been rapid growth of religious groups and of religious organizations in the Russian Federation; among other things, this was proof of a high level of religious tolerance. A local trial involving Jehovah=s Witnesses had revealed that certain local standards were not in conformity with national norms for religious tolerance and steps had been taken to rectify the situation. Issues related to sects should be studied by the Special Rapporteur's study, as there was a concern about them among the major religious denominations.

The Russian Federation was convinced that freedom of conscience and religion were essential. The Catholic Church and the Serbian Orthodox Church should strive to achieve reconciliation and peace in the current situation in Kosovo and elsewhere in the Federal Republic of Yugoslavia.

MAN SOON CHANG (the Republic of Korea) commended the efforts of the Working Groups and Special Rapporteurs under this agenda item and said it was

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regrettable that a large number of Governments had ignored communications and urgent appeals issuing from the mechanisms of the Commission. Since its establishment in 1980 as the first thematic mechanism of the Commission, the Working Group on enforced or involuntary disappearances had greatly contributed to the eradication of one of the most heinous of human rights violations.

Governments were urged to render their full cooperation in terminating such gross human-rights violations. It was to be hoped that the Commission would take the measures necessary to better ensure the efficacy of this Working Group by inducing the full support of Governments and non-governmental organizations. The Government of the Republic of Korea had strongly promoted democracy and human rights and the re-enforcement of the country=s market economy as the pillars of its new administration=s reform agenda.

MIGUEL ALFONSO MARTINEZ (Cuba) said the delegation was concerned about the decision to deal with agenda modifications only after conclusion of the Commission=s review of its mechanisms. The way in which item 11 had been handled was an illustration; the Cuban delegation had only been able to read 75 per cent of the 1,103 pages of materials related to this agenda item and felt constrained by the limit of only 10 minutes for making statements on the wide range of important topics the agenda item encompassed. He congratulated any delegations that had been successful in reading and adequately dealing with these very important subjects under such circumstances.

Cuba took exception to certain activities of the Working Group on arbitrary detention; the group had taken up issues which were beyond its mandate and which infringed on the sovereignty of individual States and even dictated to those sovereign States. Cuba called once again for a special expert to study the topic of privatization of prisons; it was regrettable that the proposed investigation of the topic had once again been rejected despite interest from a number of States. It was interesting that the same countries that put themselves up as great defenders of human rights continued to oppose review of this problem.

KAMEL MORJANE (Tunisia) said the promotion and protection of human rights and fundamental liberties was one of the major preoccupations of the international community. Various international instruments had helped to preserve the rights of the individual and allowed him to live in freedom. However, the Universal Declaration alone was insufficient as a guarantor of human rights -- political, sociological, economic and cultural realities got
in the way of full enjoyment of human rights. The enjoyment of a minimum of economic and social rights facilitated the transition of developing societies towards democracy and respect for human rights.

This was a universal equation, and one that Tunisia had set itself to solve. In the field of human rights, cooperation was certainly the best way to protect and preserve these rights. Confrontation could only excite resentments. It was regrettable that certain non-governmental organizations abused this forum by propagating unfounded allegations against Governments. This ran counter to a true human-rights spirit and stopped the Commission from working to its full potential.

ELADIO LOIZAGA (Paraguay) said the assassination of Vice President Luis Maria Argana had drawn the repudiation of the international community because it had laid bare the connivance between former President Cubas and General

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Lino Oviedo. He deplored the brutal repression and massacre of young students and peasants on the night of 26 March. Constitutional dispositions concerning the independence of the judiciary had been violated on that night in a flagrant manner by the executive power which did not implement the decisions of the Supreme Court for the condemnation of General Lino Oviedo. The Representative of Paraguay expressed the firm intention of the Government of national unity to respect the independence of the judiciary and to continue to preserve and protect the political and civil rights of every citizen, without exception.

NAZIMA MUNSHI, of the European Union of Public Relations, said that although Pakistan was a democracy, a particular community, the Ahmadiya, were denied their civil right to believe in and practice their religion. In cases arising under anti-Ahmadiya laws, the Supreme Court had upheld the constitutionality of the laws and said they were outside the Court=s judicial power. The laws, among other things, demanded that the Ahmadiyas should "coin" their own religious terminology, different from that of Muslims. That would mean that their new religion could not progress or expand on its own strength, worth and merit. After all there were many religions in the world and none of them had corrupted the faith of the Muslims.

The Commission should call for a halt to such activities by the Government of Pakistan, the militant mobs, and the judiciary, which had ganged up together to totally exterminate the Ahmadiya community.

JONATHAN SISSON, of International Fellowship of Reconciliation (IFOR) said there were serious human-rights violations in Tibet, and over the years the Commission had heard an increasing number of Member States and non-governmental organizations raise the topic. The Special Rapporteur on religious intolerance had cited numerous concerns regarding restrictions on the right to the freedom of religious belief and practice in Tibet. Among other abuses was China=s "Strike Hard" campaign, ostensibly initiated to combat crime and corruption in China but used in Tibet against Tibetan independence activists and against those who showed allegiance to the Dalai Lama. The campaign amounted to a serious infringement of the right to freedom of religion by China, which was a signatory to the International Covenant on Civil and Political Rights.

The Commission should encourage China to accept a follow-up visit of the Special Rapporteur on religious intolerance.

GHULAM RASOOL DAR, of the International Human Rights Association of American Minorities, said the investigative role of the Special Rapporteur on torture, Nigel Rodley, was particularly significant in relation to countries like India who=s record on torture and detention was abysmal, especially in connection with Jammu and Kashmir. Mr. Rodley continued to receive information indicating that the Indian armed forces in Jammu and Kashmir tortured detainees systematically to coerce them to confess their involvement with the liberation movement. The methods of torture included severe beatings, electric shocks, crushing the leg muscles by wooden roller, burning with heated objects, rapes and gang rapes. Not surprisingly, bearing these incidents in mind, India continued to refuse to extend invitation to the Special Rapporteur to visit India and Jammu and Kashmir. It was about time that the Commission acted and put a stop to these heinous human rights abuses.



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FREDERIC LECOCQ, of the Interparliamentary Union, said that the prevention and promotion of human rights were at the centre of the principles of the IPU. The right of each person to act in public affairs was the foundation of democracy, and gave rise to the parliamentary representative.
Too often there were violations in the life of the parliamentary individual, which had affected at least 440 parliamentarians across the globe. Many human rights protectors lost their lives in the struggle, for example in Malaysia. The right to freedom of expression and impartial and independent justice formed the pillar of the democratic system.

RONALD KOVEN, of the World Press Freedom Committee, voiced the organization=s support and agreement with the work accomplished by the Special Rapporteur on the freedom of expression and commended the evolution of the Special Rapporteur in focussing on certain individual countries in which violations of freedom of expression were problems. The organization was concerned about the continued curbing by Governments of freedom of expression for reasons of national security, public health or morals. He cited the Representative of Malaysia's statement this morning who used the need for stability as grounds for infringing on freedom of expression and condemned the use of "specificity" of situations as reasons for abridging the "universal" human rights. He also cited the use of national security reasons for infringing freedom of expression by the Government of Serbia.

MARIETTE GRANGE, of the World Council of Churches, testified to the courageous efforts made by churches and human rights groups to overcome the culture of impunity in their societies. For the churches, an essential part of post-conflict healing was the pursuit of truth and justice for victims. There could be no genuine process of national reconciliation without addressing the question of accountability for past crimes as was in the case of General Pinochet. The Council welcomed the agreement for the establishment of the International Criminal Court that would help the international community to deal with the enforcement of human rights. A case in point was the exemplary report presented on February 25, 1999 by the Truth Commission in Guatemala. Transforming a judicial system, plagued by decades
of corruption and under threats from those sectors that had no interest in seeing the rule of law, was a difficult yet indispensable task. The World
Council of Churches, in support of its partners involved in the struggle against impunity in Guatemala, called for the international community through the Commission on Human Rights to accompany the efforts of the Guatemalan Government in the implementation of the recommendations of the report of the Truth Commission.

FRANCISCO GARCIA HENRIQUEZ, of the National Union of Jurists of Cuba, said the world today appeared to be more democratic. There was a new map of the world, drawn up by non-governmental organizations which characterised countries as free or not-free. This was political manipulation, far from the purpose of the Commission, since it did not reflect truth. Civil and political rights, notably the independence of the judiciary, summary executions and torture, were of grave concern. It was morally unthinkable to accept the privatization of prisons, since this would endanger the human rights of prisoners. The judiciary was not a guarantee of impartiality in many countries, including Israel, France, and the United Kingdom. Extra-judicial executions were not limited to the so-called non-free countries, since they occurred in the United States. The death penalty only applied in extreme cases in Cuba, which was also a precursor in the human rights field.




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PHILIPPE LEBLANC, of Franciscans International, considered the problem of growing religious intolerance which was the root of a number of conflicts and ongoing violence in many parts of the world. Religious minorities were increasingly the targets of bigotry which was often instigated by extremist forces. The lack of political will on the part of governments to put an end
to these destructive trends had encouraged groups to persecute and victimize individuals and groups. The Special Rapporteur considered the creation of a culture of tolerance through education to ensure prevention and to review legislation. For example, Pakistan and India were countries where religious discrimination was inscribed in the legislation and promoted a culture of intolerance.

SIHYUN CHO, of the International Young Catholic Students, raised the issue of human rights violations committed under national security laws in Asia and Latin America, especially in South Korea, China, Indonesia, Malaysia, India, Burma and Peru. Human rights violated under the national security law regime included among others: the right to life and physical integrity, rights to freedom of association and assembly, and the rights to freedom of expression, thought and conscience.

Mr. Cho drew on the example of the Republic of Korea which in the first year of the Government of Kim Dae-jun had taken into custody and tried on charges of breaches of the national security law at least 413 persons. He regretted that the Korean Government still refused to comply with various recommendations of the Human Rights Commission and the Special Rapporteur on the freedom of opinion and expression with respect to national security laws. He recommended, among others, the following measures: to urge the Government
of the Republic of Korea to repeal the national security law; to request the Special Rapporteur on the independence of the judiciary to visit the country and others affected by national security laws; to request the Commission to consider the issue of national security law with a view to preventing human
rights violations justified on the ground of national security; to request the Commission to appoint a Special Rapporteur on national security laws and another on human rights defenders; and to request the Special Rapporteur on the freedom of expression to undertake a study on gross violations of human rights under national security laws for his report to the next Commission session.

JAYANTI KIRPALANI, of Brahma Kumaris World Spiritual University, said religious intolerance seemed to have peaked to a point of conflict or even war in many corners of the world. Even those religious traditions, namely Buddhism and Hinduism committed to the tenet of non-violence, had witnessed situations where people of those faiths had reverted to violence. The Special Rapporteur was of the view that prevention could be ensured mainly by establishment of a culture of tolerance, through education. Since 1937, the organization had provided an education for the development of the human individual through the emergence of innate divine qualities and values inherent in each person. In 1995 an international project - Sharing our Values for a Better World - led to an educational programme, Living Values, which was now operational in over 70 countries. The Brahma Kumaris World Spiritual University requested that a Special Rapporteur be appointed to examine the situation in European countries.

LIU NIANCHUN, of the Robert F. Kennedy Memorial Centre for Human Rights, spoke of the Chinese Government's violation of human rights, notably of the right to freedom of expression, forced disappearances, torture, and

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arbitrary judgement. China had signed but had not ratified the International Covenant on Civil and Political Rights and its actions since the signing had raised serious concerns. The means of repression of the right to expression included arbitrary detention, imprisonment on laws that limited the exercise of basic rights, judicial procedures lacking due process, and courts lacking the independence required by international standards. Human rights defenders
had suffered. In Indonesia too, the goals of national security and stability continued to be used by the State as an excuse for trampling basic civil and political rights. However, despite its tentative steps towards political reform, arbitrary detentions had accelerated. The Commission should examine restrictions of basic rights under the authority of national security laws, and countries should amend these laws consistent with international law.

YANETTE BAUTISTA, of the Latin American Federation of Associations of Relatives of Disappeared Detainees, raised the issue of forced or involuntary disappearances and cited the Special Rapporteur's report on this question. There was still a lack of measures to bring violators to justice. The families which had experienced such violations attested to the horrifying effects on their own rights and stated that the transgressions represented a
form of torture to them. Such situations existed in Africa, Latin America and Asia. The organization deplored the fact that there was still no convention against forced disappearances and said that the draft convention which was being submitted to the Commission described the systematic practice of forced disappearances as a crime against humanity and called for a universal doctrine to deal with the violation of this most fundamental human right. The draft was the result of the work of the families of disappeared persons for two decades.

SUSANA FRIED, of the International Women=s Tribune Centre, spoke of the plight of women in Pakistan, notably human rights activists and women attempting to assert their rights. So-called honour killings of women took place, and the lenient attitude of the police and judiciary contributed to these murders which were committed by family members. Women were denied the legal capacity to act on their own behalf. There was a wide range of countries where such violations of human rights took place. The Commission was urged to welcome the investigation of the Special Rapporteur into these matters. There was also grave concern for the life of the Special Rapporteur on arbitrary and extra-judicial killings. There was a grave need to secure the safety of all human rights workers. Women and men who defended the rights of women were harassed and killed in many countries.

SOE AUNG, of the Worldview International Foundation, said in Burma people had been punished for expressing their views. The military regime had effectively and systematically suppressed the people who had different views. The Government had established laws such as the printers and publishers registration law 1962, the emergency provisions act 1950, and the state protection law, among others and used these laws to control the flow of information, restrict people's access to equipment, punish those the regime did not like and make people afraid of expressing themselves. Even children and young people were persecuted for expressing themselves. In 1995, a group of students were sentenced to 7 years imprisonment for singing pro-democracy songs. In 1998, 270 students and members of the National League for Democracy were arrested for practising their right to freedom of expression in support of the convening of a parliament based on the results of the 1990 general election. Journalists had been arrested, detained and sentenced to long-term imprisonment because of practising their freedom of expression.


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T. KRISNAWARY, of the Third World Movement against Exploitation of Women, said he wanted to focus her attention on the cases of impunity found
in Indonesia, where human rights abuses were seldom properly investigated or brought to justice. This had been well documented by several international
human rights organizations such as Amnesty International and Human Rights Watch. Security and police forces and high-ranking officials enjoyed immunity from punishment for committed human rights violations under their command. As recent as February 1999, findings from the visit of the Working Group on arbitrary detention to Indonesia and East Timor stressed the
continued problem of impunity for human rights violations committed by the army under the Habibie administration. Despite all steps taken in the area of cooperation with United Nations human rights mechanisms, the judiciary was still under presidential, executive power and military control. The organization urged the Commission to closely monitor the implementation of the recommendations made by the Working Group on arbitrary detention.

IRIANTO SUBIAKTO, of the Netherlands Organization for International Development Cooperation, spoke of enforced and involuntary disappearances in
Indonesia, and pressed for responsible action by the Indonesian Government on this issue. Disappearances were not a new phenomenon in Indonesia, since they had been occurring since 1965. The Indonesian military was stationed throughout the country. This explained the very strong position of the army in society and the lack of control and accountability. In certain zones, the power of the military was unlimited. Most cases of disappearance involved the Government or at least the military which attempted to maintain the status quo and curb voices of protest against the authorities. Any solution or serious investigation demanded an active stance of these two institutions. The Commission should put pressure on the Indonesian Government to investigate seriously all the cases of enforced or involuntary disappearances, and to put an end to impunity for the perpetrators.

SAMINA IBRAHIM, of the International Institute for Peace, said that all human beings had certain inalienable and basic rights which did not depend upon their religion or nationality, language or gender, caste or creed. The Universal Declaration of Human Rights enshrined the right to freedom of opinion and expression. There were various examples of States where religion was being used both by States and non-state groups as a destructive force, for example in Pakistan. In the past few years in southeast Asia, there had been momentous changes and moments of triumph in the struggle for democracy and human rights. It would be a matter of great tragedy, of anguish and of despair if these gains were to be allowed to be destroyed by the personal whims of the rulers or governments. States should be impressed upon to take all necessary steps to ensure the protection of the freedom of expression and opinion.

HORACIA RAVENNA, of the Permanent Assembly for Human Rights, raised the issue of freedom of employment. The Permanent Assembly for Human Rights had allied itself with other organizations to lower the rate of unemployment and to adopt social and economic means toward that end. The organization took up the issue with the Argentinean Government and its policy against immigrant on the basis that it created a situation that threatened the security of the Argentine population. The organization took exception to the statistic that only 2 per cent of the work force was comprised of immigrants.




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Mr. Ravenna said that in the Declaration of Santiago in April 1998, thirty-four country leaders had adopted effective measures to hinder and eradicate human rights violations to migrants. It was ironical that Spain, the country which had been the closest historical friend of Latin America,
had taken measures restricting the rights of Argentinean professionals on the basis of a new regulation which impeded the freedom of professionals. In
conclusion, the organization believed it was increased poverty and unemployment which put the security of society at risk and immigrant workers had also been victims in this condition.

SIRILA ABEYSEKERA, of the Women's International League for Peace and Freedom, said the situation in Sri Lanka had remained on the agenda of the Commission for over 15 years and it was extremely distressing to note that despite all assurances from the Government of Sri Lanka, year after year the situation remained appalling. Disappearances, torture, summary and arbitrary executions all continued to take place in conflict zones in the north and east of the island as well as the south. This situation affected women of all communities, through their direct exposure to rape and other forms of violence but also through the impact of this overall context of human rights abuse on their role and position in society. The organization also wished to convey its grave concern over recent statements made by the President and the Minister of Justice that the Government of Sri Lanka wished to reinstate the execution of the death penalty. The organization regretted the decision of the Government of Sri Lanka and reaffirmed its belief that the death penalty did not provide a response to the root causes of crime and the culture of violence that pervaded the Sri Lankan Society.

CYNTHIA NEURY, of the Centre Europe Tiers Monde, spoke of the fight against impunity. It asked the Commission to take action upon a report by the Subcommission of Prevention of Discrimination and Protection of Minorities on the question of impunity (E/CN.4/Sub.2/1997/8), and to create a mechanism that would study this issue. The situation of human rights activists in Tunisia was grave. The systematic practice of repression, intimidation and harassment of them, their families, and the groups to which they belonged was now part of the Tunisian political system. Centre Europe Tiers Monde asked the Tunisian authorities to put an end to this, and reminded the Commission that Tunisia did not fulfil the provisions of the Declaration on the protection of the rights of human rights defenders, nor those of the international pacts and conventions that it has ratified.

DEBORAH STOTHARD, of Aliran, said Last August 9, 1998, 18 people from Australia, Indonesia, Malaysia, the Philippines, Thailand and the United States were arrested in Rangoon, Burma for distribution of goodwill messages. Their sentences were commuted and the 18 were deported the following day. The detention and trial illustrated that rule of law was lacking in Burma. If these were violations perpetrated during high profile and well-publicized cases, one was safe to conclude that as for the cases involving citizens of Burma where the trials were closed from the public and dissidents were denied legal counsel, the violations were only more severe and pervasive. In the past ten years, Burma had only allowed two public trials. The Commission and its members were urged to affirm their resolutions and statements that civil and political rights were essential to build genuine peace and stability.