Welcome to the United Nations 
OHCHR 
Press releases Commission on Human Rights
SPECIAL REPRESENTATIVE, RAPPORTEURS ON HUMAN RIGHTS IN THE DEMOCRATIC REPUBLIC OF THE CONGO, BURUNDI, MYANMAR AND RWANDA INTRODUCE REPORTS
01 April 1999
Share
MORNING
HR/CN/99/18
1 April 1999
Commission on Human Rights Also Hears Addresses from Dignitaries
from Luxembourg, the Russian Federation and Burundi
The Commission on Human Rights this morning heard the Special Rapporteurs on the situation of human rights in the Democratic Republic of the Congo, Burundi and Myanmar, and the Special Representative on Rwanda introduce their reports on the latest developments in those countries.
Roberto Garreton, Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo, said a climate of hatred persisted in the country and noted that human-rights violations were caused by several groups including Government troops, rebel forces and foreign rebel forces.
In response, the Representative of the Democratic Republic of the Congo said improvement of the human-rights situation in his country had been slow because war was still being waged against it by foreign forces who daily carried out grave and massive violations of human rights. He said the Democratic Republic of the Congo totally disagreed with the Special Rapporteur's characterization of the conflict.
Sergio Paulo Pinheiro, Special Rapporteur on the human rights situation in Burundi, said that transition measures taken by the Government of Burundi were positive moves toward a true democracy but that much work was needed in face of the 6 million displaced persons in distress.
Eugene Nindorera, Minister for Human Rights of Burundi, said his Government did not have an immediate response to the Special Rapporteur’s oral report. He said it was true that some soldiers continued to behave in unacceptable ways, and that had to be stopped; conditions of detention remained abysmal and had to be rectified. Criticism addressed to the Government should be accurate and constructive -- that was the best way to help advance human rights in this difficult situation.
Michel Moussalli, the Special Representative on the situation of human rights in Rwanda, said that the country had been traumatized by the 1994 genocide and an atmosphere of fear and mistrust continued to exist in the society. He noted that violations of human rights continued to be committed by agents of the State. The international community should support the continued efforts in Rwanda.
The Representative of Rwanda said the report of the Special Representative on his country had not reflected the positive developments in the field of human rights which had taken place in the country since the Commission met last year. He appealed to the international community to take a stand against the spread of the ideology of genocide in the Great Lakes region of central Africa.
Rajsoomer Lallah, the Special Rapporteur on the situation of human rights in Myanmar, noted that violations by the military Government in that country had continued and strongly urged the international community to strengthen multilateral efforts to assist the people in Shan, Karan, and Karenni states and to protect the civilian population from abuses.
In response, the Representative of Myanmar stated that the report was filled with a litany of dubious and unproven allegations emanating from a few dissidents and from rapidly diminishing elements who were still bent on engaging in armed conflict against the Government. The Special Rapporteur had also failed to take into consideration the wealth of information provided by authoritative sources.
Also addressing the Commission this morning was Lidye Err, Secretary of State for Foreign Affairs, External Trade and Cooperation of Luxembourg, who stated that her country continued to fully support the protection and promotion of human rights and pledged its support for the World Conference Against Racism.
And Vassily Sredin, Deputy Minister of Foreign Affairs of the Russian Federation, said that his country laid great expectations on the reform of the human rights component of the United Nations activities which should result in increased efficiency of the whole human rights mechanism, its greater coordination, depoliticization, as well as in the consolidation of principles of dialogue and cooperation.
The Commission also continued with its debate on the question of the violation of human rights in any part of the world, hearing statements from Germany (on behalf of the European Union), Japan, Qatar and the United States of America.
The Commission will reconvene this afternoon at 3 p.m. to continue its debate on the violation of human rights in any part of the world. At 4:30 p.m., a special debate will be held on the latest developments in Kosovo. United Nations High Commissioner for Human Rights Mary Robinson will address the special debate.
Question of the violation of human rights and fundamental freedoms in any part of the world
Before the Commission under this agenda item is a report (E/CN.4/1999/31) from the Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo, Roberto Garreton. The report details the background to the situation and lists violations by the Government. It concludes that both parties to the armed conflict have disregarded the rules of international humanitarian law, particularly the rebels, and neither parties recognize their responsibility in these violations. It recommends to the Government, among others, to put an immediate end to any incitement to ethnic hatred and recommends to the rebel forces and their foreign allies to comply stringently with the international rules applicable in internal conflicts and above all to accept an immediate cease-fire. It recommends that the international community establish human rights advisory services to ensure the building of a society based on respect for these rights and calls on the expansion of the representation of the Office of the United Nations High Commissioner for Human Rights to ensure more efficient cooperation with the Special Rapporteur in the fulfilment of his mandate.
Also before the Commission under this agenda item is a note (E/CN.4/1999/43) by the secretariat announcing that because of a car accident, the Special Rapporteur on the situation of human rights in Burundi, Sergio Paulo Pinheiro, will present only an oral update on developments in that country.
The Commission will also consider under this agenda item a report (E/CN.4/1999/33) from the Special Representative on the situation of human rights in Rwanda, Michel Moussalli. The report presents the findings of a study on the effect of the closure of the Human Rights Field Operation in Rwanda, steps taken toward the creation of an independent national human rights commission, security conditions and human rights, detention, the judicial system, the rights of women and children, and international co-operation. The report concludes that despite some accomplishments, there are continuing obligations to be fulfilled by the Government of Rwanda in all areas and recommends to the international community to adopt a comprehensive and systematic approach to providing financial and technical assistance to Rwanda with close consultation with all elements of Rwandan society.
Also before the Commission under this agenda item is a note (E/CN.4/1999/34) by the secretariat regarding Rwanda which draws attention to the availability of the report of the High Commissioner to the General Assembly on the human rights operation in Rwanda.
The Commission will also take up a report (E/CN.4/1999/35) from the Special Rapporteur on the situation of human rights in Myanmar, Rajsoomer Lallah. It details the results of his mission to Thailand and the situation with regard to the exercise of civil and political rights in Myanmar. The report concludes, among others that the Myanmar State Law and the Order Restoration Council (SLORC) violate basic freedoms, including the freedoms of expression and association and that the situation of human rights in Myanmar is worsening with violations continuing unabated. The report concludes, among others, that the Government should assist the displaced and other conflict-affected persons in Shan, Karen and Karenni States and seek assistance of the international community through the United Nations in assessing the nature and extent of the assistance needs to these displaced conflict-affected persons.
Statements
ROBERTO GARRETON, Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo, introducing his report, said a climate of hatred persisted in the country, largely dating from the Mobuto regime. There also had been persistent human-rights violations caused by several groups: the Government in Kinshasa, the rebel forces fighting the Government, Government forces and their allies involved in the armed conflict in the east of the country - in particular in the case of crimes committed against civilians - and violations committed by foreign rebel forces from Rwanda, Burundi, and Uganda. The democratic process begun in the former Zaire in 1990 had been paralysed.
Mr. Garreton said he had visited the country in February, and had been received by the highest authorities of the Government; he also had met with members of civil society and leaders of the principal political parties; he had been authorized to visit the zone occupied by the forces of aggression. The situation was complex and difficult; there were nine national armies involved and some 12 "irregular armies".
A climate of terror reigned in the rebel-occupied zone, Mr. Garreton said. Most victims of this intense and confusing war had been civilians, among them children and babies. It was vital to establish serious negotiations to end the war; the Government had to acknowledge reality -- the rebels did exist; similarly it had to respect the wishes of the inhabitants for establishment of democracy. Similarly the rebels had to understand that they lacked support and would never have widespread popular backing. He thought it was vital that there be an International Criminal Tribunal established to investigate and bring to trial those responsible for gross human-rights abuses in the Democratic Republic of the Congo -- either that or the tribunal already established for Rwanda should have its mandate enlarged to include acts committed in the former Zaire.
SERGIO PAULO PINHEIRO, Special Rapporteur on the human rights situation in Burundi, said that transition measures taken by the Government were positive moves toward a true democracy. The pacification of Burundi was fundamental not only in reducing the enormous humanitarian tragedies but also because of the physical, psychological, social, and economic problems caused by the displacement of 6 million members of the Burundi population.
Mr. Pinheiro applauded the initiatives of the United Nations Educational, Scientific and Cultural Organization in September 1997 which made decisive steps toward a lasting solution regarding the conflict in Burundi, and the work of Morat-Fribourg in March 1998 which helped open up and facilitate negotiations. Despite these efforts, he said, peace remained fragile.
The Special Rapporteur also welcomed the decision of the nine east African countries on 23 January 1999 to suspend the economic sanctions against Burundi. This decision had lifted the level of suffering to all in Burundi, including the minority Twa community which represents 1 per cent of the population.
Since his last visit, Mr. Pinheiro said a number of massacres had taken place and the people, especially women and children, continued to suffer the consequences of the war. He encouraged the international community to rehabilitate the community in distress in Burundi and to develop a complete strategy including helping the peace process and national reconciliation, economic development and the enjoyment of human rights. He concluded that the priority problems requiring attention were among others: the progressive integration of women in the country's affairs; the opening of public education to the majority of Burundi peoples; the promotion of adult literacy; and the reformation of the police and justice systems.
In conclusion, Mr. Pinheiro highly recommended to the High Commissioner of Human Rights to encourage a new meeting of the three Special Rapporteurs with the respective countries and recommended a regional approach including Rwanda, Burundi, the Republic of Congo and the Democratic Republic of Congo.
MICHEL MOUSSALLI, Special Representative on the situation of human rights in Rwanda, introduced his report which reflected his observations during four visits. The country had been traumatized by the 1994 genocide. Fear and shame continued to follow the society in Rwanda since the terrible genocide in 1994. In spite of the efforts by the Government and civil society to deal with this fear and shame, it was felt by the population. This explained the atmosphere of fear and mistrust that continued to exist in the society in both rural areas and towns. He also noted violations of human rights committed by agents of the State to suppress the feelings of revenge.
Mr. Moussalli said that since the 1994 genocide had destroyed the infrastructure and judicial system, the Government had started to reconstruct them and to revive the economic situation. He asked how could the Rwandese people who had committed crimes not have been judged? The traditional judicial system was being used and the results were awaited. These efforts needed the support of the international community. During the genocide, the majority of women who had escaped had lost their husbands and families. Some 60 per cent of the population was now made up of women. According to the United Nations Children’s Fund (UNICEF), millions of children were out of school and 300,000 children lived in homes where there were only children or women.
The Special Representative said the situation in Rwanda deserved the full attention of the international community and hoped it would be forthcoming. Also the crisis in the Congo needed to be resolved if the neighbouring countries were to resolve their problems.
LIDYE ERR, Secretary of State for Foreign Affairs, External Trade and Cooperation of Luxembourg, said her country supported reforms to protect and promote human rights. Lack of sufficient funds meant the work of the Commission remained primarily laboratory work. Luxembourg was happy to donate $ 1.5 million to the process of building an international environment that respected human rights.
Ms. Err said the death penalty continued to be a practised worldwide regardless of the cultural environment or the degree of development of the countries concerned. Luxembourg had abolished the death penalty in 1974 and she appealed to all other countries to do so, especially in cases concerning minors and handicapped persons.
The general situation of human rights in China continued to be of concern, and the actions by the authorities against political dissidents were not in line with the dynamic dialogue on human rights which was ongoing between China and the European Union, Ms. Err went on to state.
On the tenth anniversary of the Convention on the Rights of the Child, the number of children in danger continued to be large, Ms. Err said. Children suffered from hunger, were refugees and were used in war situations. Observers in Kosovo were concerned about the children there who were without defence. Also, the sexual exploitation of children deserved collective and individual action and responsibility by all. In conclusion, she noted that the violation of human rights in Kosovo must be stopped. Special importance should be given to the issue of racism which threatened the world and Luxembourg stressed the importance of education as a power tool in preparing for the World Conference Against Racism.
RAJSOOMER LALLAH, Special Rapporteur on the situation of human rights in Myanmar, said that despite repeated indications by Myanmar authorities that he would be allowed to visit the country, he had not yet been authorized to do so; for over three years, the Government had continued to avoid holding a constructive dialogue with him.
The military Government continued to violate rights to life, physical integrity, freedom of thought, expression, association, movement, and other rights, Mr. Lallah said; there was no sign of any movement towards transfer of power to the duly elected representatives of the people nor towards engagement in any meaningful dialogue with the political opposition and much-beleaguered minority communities; this year repression had been intensified, especially against the NLD political party, whose Secretary-General continued to be harassed and repressed, and who had not even been allowed to receive a visit from her husband before his death.
In the east of the country there was continued brutal repression of minority communities, Mr. Lallah said; there was plain disregard for basic human rights and international law. A humanitarian disaster was going to result; already half a million people had been internally displaced by the current political and military strategy and more than 100,000 others had fled to Thailand. The international community was strongly urged to strengthen multilateral efforts to assist the people in Shan, Karan, and Karenni states and to protect the civilian population from abuses. The Government must cease excessive use of force and must halt its continuing practice of forced labour, including child labour, which amounted to a contemporary form of slavery.
VASSILY SREDIN, Deputy Minister of Foreign Affairs of the Russian Federation, said participants had come to the Commission to consider constructively serious problems and challenges that the world faced at the turn of the twenty-first century, including those of the former Yugoslavia. The aggression against one of the Balkan countries was a threat to the fragile peace maintained in the Balkans. The world had witnessed an all-out attack by the North Atlantic Treaty Organization (NATO) against human rights. The population of Yugoslavia was being deprived of its right to life, all peoples of Yugoslavia were being subjected to genocide, and neo-colonialism was being revived in its new NATO disguise, namely NATO-colonialism. The Commission should make a fundamental assessment of the aggression against a sovereign State and its peoples including Serbs, Albanians, Hungarians, and others.
Mr. Sredin said the upcoming World Conference Against Racism was timely. It should comprehensively discuss all forms and varieties of this phenomenon and find ways and means to prevent and eradicate the abhorrent practice of discriminating against people on grounds of colour, ethnic origin and national identity. The Russian Federation was ready to combat in the most resolute way intolerance, xenophobia, and anti-Semitism as well as any manifestations of political hooliganism. And in spite of the complex social and economic situation, his country did not intend to back track on its task to secure human rights and freedoms.
The Deputy Minister of the Russian Federation said that in countries which were formerly part of the USSR, nationalism was a widespread and influential ideology. That nationalism was a permanent source of hostility aimed against individuals and their rights. Such a situation prevailed in Latvia and Estonia which did not want to give an opportunity to tens of thousands of people to realize their right to citizenship. He hoped that the European Union Member States would reanimate the dialogue with Latvia and Estonia that would be adequate to the prevailing acute situation.
In conclusion, Mr. Sredin said his country attached great expectations on the reform of the human rights component of the United Nations activities and welcomed the official visit to Russia by United Nations High Commissioner for Human Rights Mary Robinson which was expected next June.
EUGENE NINDORERA, Minister for Human Rights of Burundi, said the country had made progress in the past year in terms of putting an end to warfare and improving human-rights protections. The main parties to the Burundi conflict had met frequently to review the issues dividing them and to bridge these differences peacefully; international efforts to improve peace and human rights also had been helpful -- the two approaches together were having a salutary effect, especially in setting a habit and process of dialogue rather than of abuse and loss of life. Three provinces in the country only were still prey to conflict; a country-wide effort had been made to train officials and the public in respect for human rights. State officials responsible for human-rights abuses had been arrested and prosecuted; and committees to foster child rights had been set up in several areas of Burundi. The penal and penitentiary system was being reformed; rehabilitation of victims of abuses and the return of refugees were being sped up. International aid received to date was much appreciated, but more was urgently needed, the Minister said.
Burundi was far from a paradise, Mr. Nindorra told the meeting. Economic sanctions struck hardest at vulnerable sectors of the population; Government services had a tendency to deny or minimize human-rights violations rather than admit and attempt to rectify them; too often the different ethnic groups resented each other and saw steps taken to improve human rights as efforts to help one side at the expense of the other. There were many Governmental failings, but these should not be taken as a reason to end support for the Government, because its tasks were so difficult. It was true that some soldiers continued to behave in unacceptable ways, and that had to be stopped; conditions of detention remained abysmal and had to be rectified. Criticism addressed to the Government should be accurate and constructive -- that was the best way to help advance human rights in this difficult situation.
MAVUNGU MVUMBI (the Democratic Republic of the Congo) said the Government would soon submit a document of its own on the human-rights situation in the Democratic Republic of the Congo that included a reply to Mr. Garreton's last report to the Commission. Mr. Garreton had carried out his mission to the Democratic Republic of the Congo in total freedom; improvement of the human-rights situation in the country had been slow because war was still being waged against it by foreign forces. The aggressors daily carried out grave and massive violations of human rights; they had committed barbarous massacres of civilians in several provinces.
The Democratic Republic of the Congo and its people totally disagreed with the Special Rapporteur's characterization of the conflict; they were instead convinced it was an international conflict, a war of aggression; the aggressor countries, Rwanda and Uganda, had admitted to the presence of their troops on territory of the Democratic Republic of the Congo, the misleading explanation being that it was necessary to protect their own national interests. The true intent was territorial aggrandizement and use of Congolese natural resources. The presence of young people in the Congolese armed forces, meanwhile, was in compliance with standards set in the Convention on the Rights of the Child; investigations were being carried out into massacres of Hutu refugees during the war; Tutsis were being protected, despite misleading claims to the contrary; and the democratization process within the Democratic Republic of the Congo would be carried out with the determination of the Government and the country's people.
GERALD GAHIMA (Rwanda) spoke on the conditions in Rwanda and on the situation in the Democratic Republic of Congo. He said Rwanda felt that the report of the Special Representative did not adequately spell out the very positive changes in the human rights situation that had taken place since the last Commission.
Mr. Gahima said that while his country acknowledged that individual members of the security forces had on occasion committed violations of human rights, it most vehemently protested the implication that its armed forces may ever have had a policy or practice of indiscriminate killing of innocent non-combatants during counter insurgency operations. Further Rwanda stated its resentment of all politically motivated attempts to elevate the question of grouped settlements to an emerging human rights issue.
Mr. Gahima said that the Special Representative had neither the time nor the interest to find out the full human rights situation in the Congo and as a consequence the report was neither objective nor impartial and was not worthy of the Commission. The Special Rapporteur should have had the courage to call the Government in Kinshasa's incitement of hatred against Tutsis as an incitement to genocide.
The Commission should take urgent steps to stop the genocide and crimes against humanity which were being carried out by the Government of the Democratic Republic of Congo and pleaded for aid in the release and evacuation to safety of the surviving victims of this genocidal campaign. Finally the representative appealed to the entire international community to take a stand against the spread of the ideology of genocide in the Great Lakes region of central Africa.
ROBERTO GARRETON, Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo, responding to the remarks of the representative of Rwanda, said he did not think the speaker had read his report; the phrases he himself had cited in his own presentation were in the report; he had carried out visits to detainees or "protectees" as described in the report; he had attempted to visit the former Zaire during the early stages of the war, but Mobutu had not allowed him to enter the country and he had thus investigated as well as he could from Rwanda. To charge that he had not talked to everyone involved, was false, as anyone who had read the report could see.
U AYE (Myanmar) spoke on the report given by Rajsoomer Lallah, the Special Rapporteur on the human rights situation in Myanmar and stated that it was filled with a litany of dubious and unproven allegations, emanating from a few dissidents and from rapidly diminishing elements who were still bent on engaging in armed conflict against the Government. The Special Rapporteur had failed to take into consideration the wealth of information provided by authoritative sources.
Mr. Aye said Myanmar had no objection to the assessment of the report that traced the root of the problem of displacement back to "colonial times" nor did it object to the recommendation that assistance to inhabitants of national races in the border regions should be a priority. He agreed that a political solution needed to be found and this remained to be the stated objective of the Government. He expressed the hope that the opponents of the Government would accept the process of national reconciliation.
NOBUTOSHI AKAO (Japan) said with the end of the cold war, the countries could now free themselves of the long accustomed approach of confrontation and distrust and deal with human rights issues.
Today Africa was a continent victimised by the global economy. Poverty remained a serious problem and the integration of African economies into the global economy was essential to overcome this problem. It was in this spirit that Japan had hosted the second Tokyo International Conference on African Development, known as TICAD II, last October.
Mr. Akao said Japan wanted to bring to attention the military conflict in the Democratic Republic of the Congo that had been a major obstacle to the improvement of the human rights situation there. There had been encouraging signs in Nigeria and Japan had contributed $ 410,000 to the electoral process. In Sudan, despite the unfortunate situation as a whole, the Government was committed to the peace process. He hoped that the situation in Rwanda and Burundi would improve.
Mr. Akao regretted the situation in Kosovo where serious abuses had been occurring in the past weeks, resulting in the massive exodus of refugees to neighbouring countries. He urged the Government of Iraq to cooperate with the United Nations human rights mechanism as mentioned by the report of the Special Rapporteur. The situation in the Middle East was of grave concern and Japan was disappointed by the staggered implementation of the Wye River Accord. Afghanistan, Cuba, and the situation in Cyprus were also mentioned. In Asia, Japan welcomed the peaceful settlement of the East Timor issue and said it continued to follow the situation closely.
WILHELM HöYNCK (Germany), speaking on behalf of the European Union and the central and eastern European countries associated with the Union, said the state of affairs in Kosovo deserved the special meeting the Commission had planned for it; the European Union strongly condemned the atrocities committed against Kosovo Albanians. Concern was expressed over human-rights situations in Serbia, Angola, Ethiopia and Eritrea, Burundi, Rwanda, Sierra Leone, Somalia, Uganda, Afghanistan, Kashmir, India, Pakistan, Sri Lanka, the Democratic People’s Republic of Korea, Belarus, Equatorial Guinea, Zimbabwe, Haiti, Turkey, Syria, Cyprus, Malaysia, and Saudi Arabia. The situation in China had recently "suffered a grave setback", Mr. Hoynck said, referring to a crackdown on political dissidents, their detention, and ensuing harsh sentences handed out to them, and other punishments given to democratic activists who had been engaged in activities covered by United Nations human rights covenants. Chinese legislative and law reform was praised, along with the rapidly improving living conditions of its citizens.
Support for progress mingled with concern over continuing difficulties was cited over the situations in Bosnia and Herzegovina, Guatemala, Peru, Cuba, Algeria, Indonesia, Cambodia, Mexico, and Croatia. Statements on situations in the Democratic Republic of the Congo, Sudan, Iran, Iraq, Nigeria, East Timor, Burma/Myanmar, and Colombia, would be made by the European Union in the course of introduction of various initiatives related to those countries, Mr. Hoynck said.
JASSIM BINNASSER AL-THANI (Qatar) said it was now felt that a country was great only when it ensured respect for the rights of its citizens. Islam and its texts had been the first to proclaim the equality and sanctity of human beings and to accord them extensive human rights. A symposium held in Geneva last summer was evidence of a constructive effort to open up understanding between the Organization of the Islamic Conference and the United Nations on human-rights matters; it would have a positive effect in highlighting the message of Islam on human rights and on ascertaining the importance of cultural and religious privacy.
Qatar had held elections for municipal councils on 8 March; a permanent Constitution soon would be adopted and an election law passed that would provide men and women with equal rights to vote and stand for election to a national council. Meanwhile Qatar sought to preserve its religious, social, and cultural characteristics. Issues of human rights should be addressed without eclecticism or discrimination, and the right to development needed greater attention; Palestinians should be granted the right to self-determination and Lebanon and Syria should have the land occupied by Israel returned to them.
HAROLD HONGJU KOH (the United States of America) said the Universal Declaration of Human Rights should challenge all countries committed to human rights to ensure that freedom and the rule of law were their guiding principles as the world struggled for all people to be free and have equal dignity and rights. This world was far from reality but everyone’s presence in Geneva demonstrated how far they had come in embracing the Universal Declaration. The United States treasured these principles and struggled daily to achieve them. Like all other countries, the United States needed to confront and overcome unfinished human rights challenges at home. But as a nation conceived in liberty, it remained dedicated to the proposition that persons everywhere were created free and equal. The United States was proud of its human rights record and welcomed comparisons with other countries and urged them to do the same.
Mr. Hongju Koh called on all nations to join the United States in condemning the Burmese junta's continued efforts to politicize human tragedy and repress fundamental human rights. Such was the case of Aung San Suu Kyi whose dying husband, the late Michael Aris, was refused permission to rejoin her.
The United States applauded the steps taken in Nigeria, where in spite of irregularities, there was a significant step toward democratic rule. It supported the efforts of the Government of Indonesia to advance parliamentary elections, revise electoral laws and complete the selection of a new president.
Mr. Hongju Koh said by the same token, when democracy was absent, human rights continued to suffer. Such was the case in the former Yugoslavia, where the regime of Slobodan Milosevic had renewed its murderous campaign of terror against its citizens. Also there were violations of human rights that plagued Sierra Leone and the Democratic Republic of the Congo. There were violations by Saddam Hussein in Iraq, and in Sudan where the Government had suppressed all forms of political and religious dissent. There were also violations in Algeria where armed groups continued to massacre civilians.
CORRIGENDUM
The statement by Amare Tekle, Foreign Affairs and Legal Adviser of the Government of Eritrea, on page 5 of press release HR/CN/99/13 of 30 March, should read as follows:
AMARE TEKLE (Eritrea) said that while it was true that significant strides had been taken towards the eradiation of racism and the other related problems to warrant satisfaction and rejoicing, it was unrealistic to not recognize that there had been some relapses and reverses in some parts of the world, including Europe and Africa. In the Horn of Africa, massive violations of human rights were being perpetrated on the basis of a racial doctrine which was based on, and was a manifestation of, contemporary forms of racism.
Mr. Tekle said the Government of one of the countries of the region had chosen ethnic origin as a means of categorizing people for arbitrary arrest, detention, torture, degrading treatment, expulsion, forced separation of families, confiscation of property, inhumane conditions of detention, and violation of legally recognized diplomatic immunities. Among the underlying causes for this “ethno-apartheid” system were the expansion of the home region of the ruling ethnic group at the expense of other regions of the State or its international neighbours to the economic and political advantage of the ethnic group; and the official sanctioning and propagating on the official media of ethnic hatred which invited ethnic cleansing.
Mr. Tekle said the leader of one of those countries concerned had repeatedly declared that his Government had the unrestricted right to deport foreigners from his country on ethnic grounds and that it was not the business of the international community. The Commission should take an interest in the mandate of the Special Rapporteur to include ethnic discrimination and intolerance in the region.
The two rights of reply of Mr. Tekle on page 5 of press release HR/CN/99/14 of 30 March, should read as follows:
AMARE TEKLE (Eritrea) said that the Ethiopian delegation agreed with his delegation that the problem of ethnic discrimination and persecution existed and had been the source of human rights violations in the region. The Ethiopian delegation also claimed as did the Eritrean delegation that its people were victims. Therefore, there was a solid basis for the investigation of ethnic discrimination in the region by the Commission. The Ethiopian delegation, it was assumed, should not object and should in fact support the expansion of the mandate of the Special Rapporteur to cover the Horn of Africa.
Mr. TEKLE (Eritrea) noted that the Chairperson of the Commission had advised delegations to concentrate on substance and to avoid polemics. Thus, the Eritrean delegation had focused on the problem of racism as manifested in its region, although it would have been easier for it to be country specific. The Chairperson had also advised delegations to respect each other and the subject matters. The Eritrean delegation would have adhered to such an ethical and diplomatic code anyway. He pledged that the Eritrean delegation would not now or ever demean the dignity of the Commission by indulge in the “vagabondage diplomatique” that it had just been subjected to.
The statement by Alvaro Montenegro Mallona, the Permanent Representative of Nicaragua to the United Nations Office at Geneva, on page 4 of press release HR/CN/99/13 of 30 March, should read as follows:
ALVARO MONTENEGRO MALLONA (Nicaragua), on behalf of the Central American Group, said that the countries represented were concerned about the re-emergence of racism and racial discrimination across the globe. There was concern that certain forms of racism, once thought overcome, were again a threat. Ethnic cleansing and attempts to make political frontiers supervene ethnic ones were a challenge for the international community to take up responsibly and firmly. There was also concern expressed regarding intolerance against minorities and all members of vulnerable groups in societies, including immigrants. A call for the intensification of the struggle against all forms of racism was made since these negated the Universal Declaration of Human Rights. Education should be the basis to create new generations free of the evils of racism. The need for national programmes to teach the values contained in the Universal Declaration to all was stressed. Nicaragua spoke of the significant role played by the media, including the Internet, and subscribed to the opinion expressed by Guatemala. The decision to designate 2001 as the International Year to Fight Racism, Racial Intolerance, Xenophobia and Related Intolerance was most welcome.
HR/CN/99/18
1 April 1999
Commission on Human Rights Also Hears Addresses from Dignitaries
from Luxembourg, the Russian Federation and Burundi
The Commission on Human Rights this morning heard the Special Rapporteurs on the situation of human rights in the Democratic Republic of the Congo, Burundi and Myanmar, and the Special Representative on Rwanda introduce their reports on the latest developments in those countries.
Roberto Garreton, Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo, said a climate of hatred persisted in the country and noted that human-rights violations were caused by several groups including Government troops, rebel forces and foreign rebel forces.
In response, the Representative of the Democratic Republic of the Congo said improvement of the human-rights situation in his country had been slow because war was still being waged against it by foreign forces who daily carried out grave and massive violations of human rights. He said the Democratic Republic of the Congo totally disagreed with the Special Rapporteur's characterization of the conflict.
Sergio Paulo Pinheiro, Special Rapporteur on the human rights situation in Burundi, said that transition measures taken by the Government of Burundi were positive moves toward a true democracy but that much work was needed in face of the 6 million displaced persons in distress.
Eugene Nindorera, Minister for Human Rights of Burundi, said his Government did not have an immediate response to the Special Rapporteur’s oral report. He said it was true that some soldiers continued to behave in unacceptable ways, and that had to be stopped; conditions of detention remained abysmal and had to be rectified. Criticism addressed to the Government should be accurate and constructive -- that was the best way to help advance human rights in this difficult situation.
Michel Moussalli, the Special Representative on the situation of human rights in Rwanda, said that the country had been traumatized by the 1994 genocide and an atmosphere of fear and mistrust continued to exist in the society. He noted that violations of human rights continued to be committed by agents of the State. The international community should support the continued efforts in Rwanda.
The Representative of Rwanda said the report of the Special Representative on his country had not reflected the positive developments in the field of human rights which had taken place in the country since the Commission met last year. He appealed to the international community to take a stand against the spread of the ideology of genocide in the Great Lakes region of central Africa.
Rajsoomer Lallah, the Special Rapporteur on the situation of human rights in Myanmar, noted that violations by the military Government in that country had continued and strongly urged the international community to strengthen multilateral efforts to assist the people in Shan, Karan, and Karenni states and to protect the civilian population from abuses.
In response, the Representative of Myanmar stated that the report was filled with a litany of dubious and unproven allegations emanating from a few dissidents and from rapidly diminishing elements who were still bent on engaging in armed conflict against the Government. The Special Rapporteur had also failed to take into consideration the wealth of information provided by authoritative sources.
Also addressing the Commission this morning was Lidye Err, Secretary of State for Foreign Affairs, External Trade and Cooperation of Luxembourg, who stated that her country continued to fully support the protection and promotion of human rights and pledged its support for the World Conference Against Racism.
And Vassily Sredin, Deputy Minister of Foreign Affairs of the Russian Federation, said that his country laid great expectations on the reform of the human rights component of the United Nations activities which should result in increased efficiency of the whole human rights mechanism, its greater coordination, depoliticization, as well as in the consolidation of principles of dialogue and cooperation.
The Commission also continued with its debate on the question of the violation of human rights in any part of the world, hearing statements from Germany (on behalf of the European Union), Japan, Qatar and the United States of America.
The Commission will reconvene this afternoon at 3 p.m. to continue its debate on the violation of human rights in any part of the world. At 4:30 p.m., a special debate will be held on the latest developments in Kosovo. United Nations High Commissioner for Human Rights Mary Robinson will address the special debate.
Question of the violation of human rights and fundamental freedoms in any part of the world
Before the Commission under this agenda item is a report (E/CN.4/1999/31) from the Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo, Roberto Garreton. The report details the background to the situation and lists violations by the Government. It concludes that both parties to the armed conflict have disregarded the rules of international humanitarian law, particularly the rebels, and neither parties recognize their responsibility in these violations. It recommends to the Government, among others, to put an immediate end to any incitement to ethnic hatred and recommends to the rebel forces and their foreign allies to comply stringently with the international rules applicable in internal conflicts and above all to accept an immediate cease-fire. It recommends that the international community establish human rights advisory services to ensure the building of a society based on respect for these rights and calls on the expansion of the representation of the Office of the United Nations High Commissioner for Human Rights to ensure more efficient cooperation with the Special Rapporteur in the fulfilment of his mandate.
Also before the Commission under this agenda item is a note (E/CN.4/1999/43) by the secretariat announcing that because of a car accident, the Special Rapporteur on the situation of human rights in Burundi, Sergio Paulo Pinheiro, will present only an oral update on developments in that country.
The Commission will also consider under this agenda item a report (E/CN.4/1999/33) from the Special Representative on the situation of human rights in Rwanda, Michel Moussalli. The report presents the findings of a study on the effect of the closure of the Human Rights Field Operation in Rwanda, steps taken toward the creation of an independent national human rights commission, security conditions and human rights, detention, the judicial system, the rights of women and children, and international co-operation. The report concludes that despite some accomplishments, there are continuing obligations to be fulfilled by the Government of Rwanda in all areas and recommends to the international community to adopt a comprehensive and systematic approach to providing financial and technical assistance to Rwanda with close consultation with all elements of Rwandan society.
Also before the Commission under this agenda item is a note (E/CN.4/1999/34) by the secretariat regarding Rwanda which draws attention to the availability of the report of the High Commissioner to the General Assembly on the human rights operation in Rwanda.
The Commission will also take up a report (E/CN.4/1999/35) from the Special Rapporteur on the situation of human rights in Myanmar, Rajsoomer Lallah. It details the results of his mission to Thailand and the situation with regard to the exercise of civil and political rights in Myanmar. The report concludes, among others that the Myanmar State Law and the Order Restoration Council (SLORC) violate basic freedoms, including the freedoms of expression and association and that the situation of human rights in Myanmar is worsening with violations continuing unabated. The report concludes, among others, that the Government should assist the displaced and other conflict-affected persons in Shan, Karen and Karenni States and seek assistance of the international community through the United Nations in assessing the nature and extent of the assistance needs to these displaced conflict-affected persons.
Statements
ROBERTO GARRETON, Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo, introducing his report, said a climate of hatred persisted in the country, largely dating from the Mobuto regime. There also had been persistent human-rights violations caused by several groups: the Government in Kinshasa, the rebel forces fighting the Government, Government forces and their allies involved in the armed conflict in the east of the country - in particular in the case of crimes committed against civilians - and violations committed by foreign rebel forces from Rwanda, Burundi, and Uganda. The democratic process begun in the former Zaire in 1990 had been paralysed.
Mr. Garreton said he had visited the country in February, and had been received by the highest authorities of the Government; he also had met with members of civil society and leaders of the principal political parties; he had been authorized to visit the zone occupied by the forces of aggression. The situation was complex and difficult; there were nine national armies involved and some 12 "irregular armies".
A climate of terror reigned in the rebel-occupied zone, Mr. Garreton said. Most victims of this intense and confusing war had been civilians, among them children and babies. It was vital to establish serious negotiations to end the war; the Government had to acknowledge reality -- the rebels did exist; similarly it had to respect the wishes of the inhabitants for establishment of democracy. Similarly the rebels had to understand that they lacked support and would never have widespread popular backing. He thought it was vital that there be an International Criminal Tribunal established to investigate and bring to trial those responsible for gross human-rights abuses in the Democratic Republic of the Congo -- either that or the tribunal already established for Rwanda should have its mandate enlarged to include acts committed in the former Zaire.
SERGIO PAULO PINHEIRO, Special Rapporteur on the human rights situation in Burundi, said that transition measures taken by the Government were positive moves toward a true democracy. The pacification of Burundi was fundamental not only in reducing the enormous humanitarian tragedies but also because of the physical, psychological, social, and economic problems caused by the displacement of 6 million members of the Burundi population.
Mr. Pinheiro applauded the initiatives of the United Nations Educational, Scientific and Cultural Organization in September 1997 which made decisive steps toward a lasting solution regarding the conflict in Burundi, and the work of Morat-Fribourg in March 1998 which helped open up and facilitate negotiations. Despite these efforts, he said, peace remained fragile.
The Special Rapporteur also welcomed the decision of the nine east African countries on 23 January 1999 to suspend the economic sanctions against Burundi. This decision had lifted the level of suffering to all in Burundi, including the minority Twa community which represents 1 per cent of the population.
Since his last visit, Mr. Pinheiro said a number of massacres had taken place and the people, especially women and children, continued to suffer the consequences of the war. He encouraged the international community to rehabilitate the community in distress in Burundi and to develop a complete strategy including helping the peace process and national reconciliation, economic development and the enjoyment of human rights. He concluded that the priority problems requiring attention were among others: the progressive integration of women in the country's affairs; the opening of public education to the majority of Burundi peoples; the promotion of adult literacy; and the reformation of the police and justice systems.
In conclusion, Mr. Pinheiro highly recommended to the High Commissioner of Human Rights to encourage a new meeting of the three Special Rapporteurs with the respective countries and recommended a regional approach including Rwanda, Burundi, the Republic of Congo and the Democratic Republic of Congo.
MICHEL MOUSSALLI, Special Representative on the situation of human rights in Rwanda, introduced his report which reflected his observations during four visits. The country had been traumatized by the 1994 genocide. Fear and shame continued to follow the society in Rwanda since the terrible genocide in 1994. In spite of the efforts by the Government and civil society to deal with this fear and shame, it was felt by the population. This explained the atmosphere of fear and mistrust that continued to exist in the society in both rural areas and towns. He also noted violations of human rights committed by agents of the State to suppress the feelings of revenge.
Mr. Moussalli said that since the 1994 genocide had destroyed the infrastructure and judicial system, the Government had started to reconstruct them and to revive the economic situation. He asked how could the Rwandese people who had committed crimes not have been judged? The traditional judicial system was being used and the results were awaited. These efforts needed the support of the international community. During the genocide, the majority of women who had escaped had lost their husbands and families. Some 60 per cent of the population was now made up of women. According to the United Nations Children’s Fund (UNICEF), millions of children were out of school and 300,000 children lived in homes where there were only children or women.
The Special Representative said the situation in Rwanda deserved the full attention of the international community and hoped it would be forthcoming. Also the crisis in the Congo needed to be resolved if the neighbouring countries were to resolve their problems.
LIDYE ERR, Secretary of State for Foreign Affairs, External Trade and Cooperation of Luxembourg, said her country supported reforms to protect and promote human rights. Lack of sufficient funds meant the work of the Commission remained primarily laboratory work. Luxembourg was happy to donate $ 1.5 million to the process of building an international environment that respected human rights.
Ms. Err said the death penalty continued to be a practised worldwide regardless of the cultural environment or the degree of development of the countries concerned. Luxembourg had abolished the death penalty in 1974 and she appealed to all other countries to do so, especially in cases concerning minors and handicapped persons.
The general situation of human rights in China continued to be of concern, and the actions by the authorities against political dissidents were not in line with the dynamic dialogue on human rights which was ongoing between China and the European Union, Ms. Err went on to state.
On the tenth anniversary of the Convention on the Rights of the Child, the number of children in danger continued to be large, Ms. Err said. Children suffered from hunger, were refugees and were used in war situations. Observers in Kosovo were concerned about the children there who were without defence. Also, the sexual exploitation of children deserved collective and individual action and responsibility by all. In conclusion, she noted that the violation of human rights in Kosovo must be stopped. Special importance should be given to the issue of racism which threatened the world and Luxembourg stressed the importance of education as a power tool in preparing for the World Conference Against Racism.
RAJSOOMER LALLAH, Special Rapporteur on the situation of human rights in Myanmar, said that despite repeated indications by Myanmar authorities that he would be allowed to visit the country, he had not yet been authorized to do so; for over three years, the Government had continued to avoid holding a constructive dialogue with him.
The military Government continued to violate rights to life, physical integrity, freedom of thought, expression, association, movement, and other rights, Mr. Lallah said; there was no sign of any movement towards transfer of power to the duly elected representatives of the people nor towards engagement in any meaningful dialogue with the political opposition and much-beleaguered minority communities; this year repression had been intensified, especially against the NLD political party, whose Secretary-General continued to be harassed and repressed, and who had not even been allowed to receive a visit from her husband before his death.
In the east of the country there was continued brutal repression of minority communities, Mr. Lallah said; there was plain disregard for basic human rights and international law. A humanitarian disaster was going to result; already half a million people had been internally displaced by the current political and military strategy and more than 100,000 others had fled to Thailand. The international community was strongly urged to strengthen multilateral efforts to assist the people in Shan, Karan, and Karenni states and to protect the civilian population from abuses. The Government must cease excessive use of force and must halt its continuing practice of forced labour, including child labour, which amounted to a contemporary form of slavery.
VASSILY SREDIN, Deputy Minister of Foreign Affairs of the Russian Federation, said participants had come to the Commission to consider constructively serious problems and challenges that the world faced at the turn of the twenty-first century, including those of the former Yugoslavia. The aggression against one of the Balkan countries was a threat to the fragile peace maintained in the Balkans. The world had witnessed an all-out attack by the North Atlantic Treaty Organization (NATO) against human rights. The population of Yugoslavia was being deprived of its right to life, all peoples of Yugoslavia were being subjected to genocide, and neo-colonialism was being revived in its new NATO disguise, namely NATO-colonialism. The Commission should make a fundamental assessment of the aggression against a sovereign State and its peoples including Serbs, Albanians, Hungarians, and others.
Mr. Sredin said the upcoming World Conference Against Racism was timely. It should comprehensively discuss all forms and varieties of this phenomenon and find ways and means to prevent and eradicate the abhorrent practice of discriminating against people on grounds of colour, ethnic origin and national identity. The Russian Federation was ready to combat in the most resolute way intolerance, xenophobia, and anti-Semitism as well as any manifestations of political hooliganism. And in spite of the complex social and economic situation, his country did not intend to back track on its task to secure human rights and freedoms.
The Deputy Minister of the Russian Federation said that in countries which were formerly part of the USSR, nationalism was a widespread and influential ideology. That nationalism was a permanent source of hostility aimed against individuals and their rights. Such a situation prevailed in Latvia and Estonia which did not want to give an opportunity to tens of thousands of people to realize their right to citizenship. He hoped that the European Union Member States would reanimate the dialogue with Latvia and Estonia that would be adequate to the prevailing acute situation.
In conclusion, Mr. Sredin said his country attached great expectations on the reform of the human rights component of the United Nations activities and welcomed the official visit to Russia by United Nations High Commissioner for Human Rights Mary Robinson which was expected next June.
EUGENE NINDORERA, Minister for Human Rights of Burundi, said the country had made progress in the past year in terms of putting an end to warfare and improving human-rights protections. The main parties to the Burundi conflict had met frequently to review the issues dividing them and to bridge these differences peacefully; international efforts to improve peace and human rights also had been helpful -- the two approaches together were having a salutary effect, especially in setting a habit and process of dialogue rather than of abuse and loss of life. Three provinces in the country only were still prey to conflict; a country-wide effort had been made to train officials and the public in respect for human rights. State officials responsible for human-rights abuses had been arrested and prosecuted; and committees to foster child rights had been set up in several areas of Burundi. The penal and penitentiary system was being reformed; rehabilitation of victims of abuses and the return of refugees were being sped up. International aid received to date was much appreciated, but more was urgently needed, the Minister said.
Burundi was far from a paradise, Mr. Nindorra told the meeting. Economic sanctions struck hardest at vulnerable sectors of the population; Government services had a tendency to deny or minimize human-rights violations rather than admit and attempt to rectify them; too often the different ethnic groups resented each other and saw steps taken to improve human rights as efforts to help one side at the expense of the other. There were many Governmental failings, but these should not be taken as a reason to end support for the Government, because its tasks were so difficult. It was true that some soldiers continued to behave in unacceptable ways, and that had to be stopped; conditions of detention remained abysmal and had to be rectified. Criticism addressed to the Government should be accurate and constructive -- that was the best way to help advance human rights in this difficult situation.
MAVUNGU MVUMBI (the Democratic Republic of the Congo) said the Government would soon submit a document of its own on the human-rights situation in the Democratic Republic of the Congo that included a reply to Mr. Garreton's last report to the Commission. Mr. Garreton had carried out his mission to the Democratic Republic of the Congo in total freedom; improvement of the human-rights situation in the country had been slow because war was still being waged against it by foreign forces. The aggressors daily carried out grave and massive violations of human rights; they had committed barbarous massacres of civilians in several provinces.
The Democratic Republic of the Congo and its people totally disagreed with the Special Rapporteur's characterization of the conflict; they were instead convinced it was an international conflict, a war of aggression; the aggressor countries, Rwanda and Uganda, had admitted to the presence of their troops on territory of the Democratic Republic of the Congo, the misleading explanation being that it was necessary to protect their own national interests. The true intent was territorial aggrandizement and use of Congolese natural resources. The presence of young people in the Congolese armed forces, meanwhile, was in compliance with standards set in the Convention on the Rights of the Child; investigations were being carried out into massacres of Hutu refugees during the war; Tutsis were being protected, despite misleading claims to the contrary; and the democratization process within the Democratic Republic of the Congo would be carried out with the determination of the Government and the country's people.
GERALD GAHIMA (Rwanda) spoke on the conditions in Rwanda and on the situation in the Democratic Republic of Congo. He said Rwanda felt that the report of the Special Representative did not adequately spell out the very positive changes in the human rights situation that had taken place since the last Commission.
Mr. Gahima said that while his country acknowledged that individual members of the security forces had on occasion committed violations of human rights, it most vehemently protested the implication that its armed forces may ever have had a policy or practice of indiscriminate killing of innocent non-combatants during counter insurgency operations. Further Rwanda stated its resentment of all politically motivated attempts to elevate the question of grouped settlements to an emerging human rights issue.
Mr. Gahima said that the Special Representative had neither the time nor the interest to find out the full human rights situation in the Congo and as a consequence the report was neither objective nor impartial and was not worthy of the Commission. The Special Rapporteur should have had the courage to call the Government in Kinshasa's incitement of hatred against Tutsis as an incitement to genocide.
The Commission should take urgent steps to stop the genocide and crimes against humanity which were being carried out by the Government of the Democratic Republic of Congo and pleaded for aid in the release and evacuation to safety of the surviving victims of this genocidal campaign. Finally the representative appealed to the entire international community to take a stand against the spread of the ideology of genocide in the Great Lakes region of central Africa.
ROBERTO GARRETON, Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo, responding to the remarks of the representative of Rwanda, said he did not think the speaker had read his report; the phrases he himself had cited in his own presentation were in the report; he had carried out visits to detainees or "protectees" as described in the report; he had attempted to visit the former Zaire during the early stages of the war, but Mobutu had not allowed him to enter the country and he had thus investigated as well as he could from Rwanda. To charge that he had not talked to everyone involved, was false, as anyone who had read the report could see.
U AYE (Myanmar) spoke on the report given by Rajsoomer Lallah, the Special Rapporteur on the human rights situation in Myanmar and stated that it was filled with a litany of dubious and unproven allegations, emanating from a few dissidents and from rapidly diminishing elements who were still bent on engaging in armed conflict against the Government. The Special Rapporteur had failed to take into consideration the wealth of information provided by authoritative sources.
Mr. Aye said Myanmar had no objection to the assessment of the report that traced the root of the problem of displacement back to "colonial times" nor did it object to the recommendation that assistance to inhabitants of national races in the border regions should be a priority. He agreed that a political solution needed to be found and this remained to be the stated objective of the Government. He expressed the hope that the opponents of the Government would accept the process of national reconciliation.
NOBUTOSHI AKAO (Japan) said with the end of the cold war, the countries could now free themselves of the long accustomed approach of confrontation and distrust and deal with human rights issues.
Today Africa was a continent victimised by the global economy. Poverty remained a serious problem and the integration of African economies into the global economy was essential to overcome this problem. It was in this spirit that Japan had hosted the second Tokyo International Conference on African Development, known as TICAD II, last October.
Mr. Akao said Japan wanted to bring to attention the military conflict in the Democratic Republic of the Congo that had been a major obstacle to the improvement of the human rights situation there. There had been encouraging signs in Nigeria and Japan had contributed $ 410,000 to the electoral process. In Sudan, despite the unfortunate situation as a whole, the Government was committed to the peace process. He hoped that the situation in Rwanda and Burundi would improve.
Mr. Akao regretted the situation in Kosovo where serious abuses had been occurring in the past weeks, resulting in the massive exodus of refugees to neighbouring countries. He urged the Government of Iraq to cooperate with the United Nations human rights mechanism as mentioned by the report of the Special Rapporteur. The situation in the Middle East was of grave concern and Japan was disappointed by the staggered implementation of the Wye River Accord. Afghanistan, Cuba, and the situation in Cyprus were also mentioned. In Asia, Japan welcomed the peaceful settlement of the East Timor issue and said it continued to follow the situation closely.
WILHELM HöYNCK (Germany), speaking on behalf of the European Union and the central and eastern European countries associated with the Union, said the state of affairs in Kosovo deserved the special meeting the Commission had planned for it; the European Union strongly condemned the atrocities committed against Kosovo Albanians. Concern was expressed over human-rights situations in Serbia, Angola, Ethiopia and Eritrea, Burundi, Rwanda, Sierra Leone, Somalia, Uganda, Afghanistan, Kashmir, India, Pakistan, Sri Lanka, the Democratic People’s Republic of Korea, Belarus, Equatorial Guinea, Zimbabwe, Haiti, Turkey, Syria, Cyprus, Malaysia, and Saudi Arabia. The situation in China had recently "suffered a grave setback", Mr. Hoynck said, referring to a crackdown on political dissidents, their detention, and ensuing harsh sentences handed out to them, and other punishments given to democratic activists who had been engaged in activities covered by United Nations human rights covenants. Chinese legislative and law reform was praised, along with the rapidly improving living conditions of its citizens.
Support for progress mingled with concern over continuing difficulties was cited over the situations in Bosnia and Herzegovina, Guatemala, Peru, Cuba, Algeria, Indonesia, Cambodia, Mexico, and Croatia. Statements on situations in the Democratic Republic of the Congo, Sudan, Iran, Iraq, Nigeria, East Timor, Burma/Myanmar, and Colombia, would be made by the European Union in the course of introduction of various initiatives related to those countries, Mr. Hoynck said.
JASSIM BINNASSER AL-THANI (Qatar) said it was now felt that a country was great only when it ensured respect for the rights of its citizens. Islam and its texts had been the first to proclaim the equality and sanctity of human beings and to accord them extensive human rights. A symposium held in Geneva last summer was evidence of a constructive effort to open up understanding between the Organization of the Islamic Conference and the United Nations on human-rights matters; it would have a positive effect in highlighting the message of Islam on human rights and on ascertaining the importance of cultural and religious privacy.
Qatar had held elections for municipal councils on 8 March; a permanent Constitution soon would be adopted and an election law passed that would provide men and women with equal rights to vote and stand for election to a national council. Meanwhile Qatar sought to preserve its religious, social, and cultural characteristics. Issues of human rights should be addressed without eclecticism or discrimination, and the right to development needed greater attention; Palestinians should be granted the right to self-determination and Lebanon and Syria should have the land occupied by Israel returned to them.
HAROLD HONGJU KOH (the United States of America) said the Universal Declaration of Human Rights should challenge all countries committed to human rights to ensure that freedom and the rule of law were their guiding principles as the world struggled for all people to be free and have equal dignity and rights. This world was far from reality but everyone’s presence in Geneva demonstrated how far they had come in embracing the Universal Declaration. The United States treasured these principles and struggled daily to achieve them. Like all other countries, the United States needed to confront and overcome unfinished human rights challenges at home. But as a nation conceived in liberty, it remained dedicated to the proposition that persons everywhere were created free and equal. The United States was proud of its human rights record and welcomed comparisons with other countries and urged them to do the same.
Mr. Hongju Koh called on all nations to join the United States in condemning the Burmese junta's continued efforts to politicize human tragedy and repress fundamental human rights. Such was the case of Aung San Suu Kyi whose dying husband, the late Michael Aris, was refused permission to rejoin her.
The United States applauded the steps taken in Nigeria, where in spite of irregularities, there was a significant step toward democratic rule. It supported the efforts of the Government of Indonesia to advance parliamentary elections, revise electoral laws and complete the selection of a new president.
Mr. Hongju Koh said by the same token, when democracy was absent, human rights continued to suffer. Such was the case in the former Yugoslavia, where the regime of Slobodan Milosevic had renewed its murderous campaign of terror against its citizens. Also there were violations of human rights that plagued Sierra Leone and the Democratic Republic of the Congo. There were violations by Saddam Hussein in Iraq, and in Sudan where the Government had suppressed all forms of political and religious dissent. There were also violations in Algeria where armed groups continued to massacre civilians.
CORRIGENDUM
The statement by Amare Tekle, Foreign Affairs and Legal Adviser of the Government of Eritrea, on page 5 of press release HR/CN/99/13 of 30 March, should read as follows:
AMARE TEKLE (Eritrea) said that while it was true that significant strides had been taken towards the eradiation of racism and the other related problems to warrant satisfaction and rejoicing, it was unrealistic to not recognize that there had been some relapses and reverses in some parts of the world, including Europe and Africa. In the Horn of Africa, massive violations of human rights were being perpetrated on the basis of a racial doctrine which was based on, and was a manifestation of, contemporary forms of racism.
Mr. Tekle said the Government of one of the countries of the region had chosen ethnic origin as a means of categorizing people for arbitrary arrest, detention, torture, degrading treatment, expulsion, forced separation of families, confiscation of property, inhumane conditions of detention, and violation of legally recognized diplomatic immunities. Among the underlying causes for this “ethno-apartheid” system were the expansion of the home region of the ruling ethnic group at the expense of other regions of the State or its international neighbours to the economic and political advantage of the ethnic group; and the official sanctioning and propagating on the official media of ethnic hatred which invited ethnic cleansing.
Mr. Tekle said the leader of one of those countries concerned had repeatedly declared that his Government had the unrestricted right to deport foreigners from his country on ethnic grounds and that it was not the business of the international community. The Commission should take an interest in the mandate of the Special Rapporteur to include ethnic discrimination and intolerance in the region.
The two rights of reply of Mr. Tekle on page 5 of press release HR/CN/99/14 of 30 March, should read as follows:
AMARE TEKLE (Eritrea) said that the Ethiopian delegation agreed with his delegation that the problem of ethnic discrimination and persecution existed and had been the source of human rights violations in the region. The Ethiopian delegation also claimed as did the Eritrean delegation that its people were victims. Therefore, there was a solid basis for the investigation of ethnic discrimination in the region by the Commission. The Ethiopian delegation, it was assumed, should not object and should in fact support the expansion of the mandate of the Special Rapporteur to cover the Horn of Africa.
Mr. TEKLE (Eritrea) noted that the Chairperson of the Commission had advised delegations to concentrate on substance and to avoid polemics. Thus, the Eritrean delegation had focused on the problem of racism as manifested in its region, although it would have been easier for it to be country specific. The Chairperson had also advised delegations to respect each other and the subject matters. The Eritrean delegation would have adhered to such an ethical and diplomatic code anyway. He pledged that the Eritrean delegation would not now or ever demean the dignity of the Commission by indulge in the “vagabondage diplomatique” that it had just been subjected to.
The statement by Alvaro Montenegro Mallona, the Permanent Representative of Nicaragua to the United Nations Office at Geneva, on page 4 of press release HR/CN/99/13 of 30 March, should read as follows:
ALVARO MONTENEGRO MALLONA (Nicaragua), on behalf of the Central American Group, said that the countries represented were concerned about the re-emergence of racism and racial discrimination across the globe. There was concern that certain forms of racism, once thought overcome, were again a threat. Ethnic cleansing and attempts to make political frontiers supervene ethnic ones were a challenge for the international community to take up responsibly and firmly. There was also concern expressed regarding intolerance against minorities and all members of vulnerable groups in societies, including immigrants. A call for the intensification of the struggle against all forms of racism was made since these negated the Universal Declaration of Human Rights. Education should be the basis to create new generations free of the evils of racism. The need for national programmes to teach the values contained in the Universal Declaration to all was stressed. Nicaragua spoke of the significant role played by the media, including the Internet, and subscribed to the opinion expressed by Guatemala. The decision to designate 2001 as the International Year to Fight Racism, Racial Intolerance, Xenophobia and Related Intolerance was most welcome.
VIEW THIS PAGE IN: