SUB-COMMISSION DISCUSSES WORKING PAPER ON DISAPPEARANCE OF STATES AND TERRITORIES FOR ENVIRONMENTAL REASONS

2 August 2004

Continues Debate on Issues Related to Prevention of Discrimination


The Sub-Commission on the Promotion and Protection of Human Rights this morning discussed a working paper on the disappearance of States and territories for environmental reasons as it continued its debate on issues related to the prevention of discrimination.

Introducing the working paper, Sub-Commission Expert Françoise Jane Hampson said that it concerned issues related to territories that were going to disappear permanently under the waves for environmental reasons, and whose inhabitants were going to have to leave their homes and territories. The question was a difficult one, as it was not clear which particular territories were at issue. A further report should be submitted next year to both the Sub-Commission and the Working Group, and in the meantime, she said all possible means should be adopted to bring this problem to the attention of the international community as a whole.

Sub-Commission Experts made comments and asked questions on such topics as the need to find a legal, economic and political solution for people whose States or territories disappeared, Bangladesh as a land that was threatened by rising waters, the need to sensitise surrounding countries to the plight of their neighbours whose lands were disappearing, and issues related to the citizenship of those whose lands had disappeared.

The Sub-Commission also heard a number of its Experts and a series of non-governmental organizations continue their debate on questions related to the prevention of discrimination, speaking on such topics as the many different faces of discrimination, the plight of the “untouchables” of South-East Asia, the situation of minorities in many different parts of the world, both national and non-national and including religious minorities and aboriginal peoples, including in the Equatorial Amazon, Balochistan, Darfur in the Sudan and the Arab region including Palestine and Iraq.

Experts speaking this morning included Francoise Jane Hampson, El Hadji Guisse, Abdul Sattar, Halima Embarek Warzazi, Vladimir Kartashkin, Gaspar Biro, N.U.O. Wadibia-Abyabwu, and Chin Sung Chung.

Also speaking under this agenda item were Dominicans for Justice and Peace, on behalf of Dominican Leadership Conference; Pax Romana, on behalf of UNESCO Centre of Catalonia; Lutheran World Federation, on behalf of International Movement against all Forms of Discrimination and Racism; Women's Sports Foundation; Franciscans International; North-South XXI; General Conference of Seventh-day Adventists; Foundation for Aboriginal and Islander Research Action; Interfaith International; Association for World Education; All for Reparations and Emancipation; International Organization for the Elimination of all Forms of Racial Discrimination; International Institute for Peace; European Union of Public Relations; International Educational Development; International Human Rights Association of American Minorities; Liberation; World Union for Progressive Judaism and World Muslim Congress.


The Sub-Commission will resume its meeting at 3 p.m. this afternoon to continue with its discussion on the prevention of discrimination.

Presentation of Working Paper on Disappearance of States and Territories for Environmental Reasons

FRANCOISE JANE HAMPSON (Sub-Commission Expert), presenting her working paper on the disappearance of States and territories for environmental reasons, said it was about territories that were going to disappear permanently under the waves for environmental reasons. The inhabitants were going to have to leave their homes and territories. It was not clear which particular territories were at issue. The problem did not affect all low-lying States and territories. For example, while the Maldives was affected, there was no evidence that Diego Garcia was similarly affected, judging by the investment being made in the United States base on the island. Some territories, which were not entirely low-lying, might be affected. That could happen, for example, where the population lived on a low-lying coastal plain which would be submerged and the remaining land, by its size, nature or type, would not be capable of sustaining any or all of the existing population. She suggested that any further report should include at least those territories which would have to be completely evacuated and possibly those where a proportion of the population would need to be evacuated, in order to allow the others to remain.

Ms. Hampson said the next difficulty lay in determining whether the peoples affected were indigenous peoples. One definition of indigenous peoples defined them by contrast to those in power. That would seem to present difficulties in the case of island indigenous peoples who had acquired independence and formed a sovereign State. She suggested, however, that there was a difference between qualifying for the status of indigenous people and the implications as far as rights were concerned. Where the indigenous were in power, the issue of indigenous rights was likely in practice to be in abeyance but that could not change the status of the people.

She recommended that a further report be submitted next year to both the Sub-Commission and the Working Group. As the report made clear, she needed to be able to contact governments with a request for information about their affected territories. For that reason, there would be a request to the Commission for the appointment of Special Rapporteur. In the meantime, all possible means should be adopted to bring this problem to the attention of the international community as a whole.

Inter-Active Dialogue on Working Paper on Disappearance of States and Territories for Environmental Reasons

EL HADJI GUISSE (Sub-Commission Expert) said it was true that in some cases this was an alarming issue, as it was not only that people might disappear, but their lands might disappear, and they would no longer have any territory, as it had been submerged. What would their rights be in the countries that took them in, he asked, and would they have to apply for asylum in order to survive. It was a legal issue created by nature, and would have to be regulated by international standards. Some islands were already on the point of disappearing, and nothing had been provided for their inhabitants. There was a need to provide for them, both in terms of law and the economic and political aspect. It had become a source of concern for these peoples and for the international community as a whole. Something had to be done as it was a situation of imminent danger that required a solution.

ABDUL SATTAR (Sub-Commission Expert) said the Maldives islands were seriously threatened by the rise of the water level. The Bangladesh delta was another region where the water rise was a threat to the population. He thanked Ms. Hampson for her report.

HALIMA EMBAREK WARZAZI (Sub-Commission Expert) said the Sub-Commission was the only human rights body that was dealing with this issue in depth. Ms. Hampson could perhaps address the scientific community concerned, and they would be able to give her scientific-based information in order to assess the degree of change faced by island nations when confronted by the rising sea. Other areas also needed to be examined, including all islands and threatened areas, and neighbouring countries needed to be sensitized to the issue in order to show a certain sympathy towards those forced from their territories. The recommendations made in the report were supported, and it was hoped that next year the information given would fully sensitise all to the question and enable them to take a firm position.

VLADIMIR KARTASHKIN (Sub-Commission Expert) said he would join the consensus on the assessments made by Ms. Hampson. The work she had presented was important. The issue should be seen from the point of view of international law. In developing her paper, she had also touched about citizenship. One of the important issues that involved the work of Ms. Hampson was the question of citizenship. Should the people who were removed from the disappearing islands be considered as stateless? The issue should be given further thought.

FRANCOISE JANE HAMPSON (Sub-Commission Expert), responding to the various comments, noted that there was some discussion of citizenship in her working paper, but it only raised more questions, for example whether a State could have a Government in Exile when it had no territory, or even whether it could continue to be represented at the United Nations. The only way to look at the problem was as had been suggested by Ms. Warzazi, and it was important to examine the situation by covering not just the rights of the indigenous peoples, but of all peoples. The scope of the study remained an issue, as the Sub-Commission was not an environmental body, and the situation of Bangladesh may need to be examined in the context of a different study.

In the future, the Sub-Commission and maybe a Working Group could examine the impact on human rights of the harm suffered to land belonging to people of a disappearing nation. In the context of this study, its principal focus was those who were forced to leave their homes for good, and would have to leave the States to which they belonged. What was being dealt with was an appalling human socio-economic mess, and it was hoped that for once the humanitarian concern would come first, and the law second, and that a humanitarian solution would be found that gave priority to the human rights of those who had to leave their homes and enter a host community, where they would be relegated to the bottom of the socio-economic ladder. The international community should come up with a solution that recognized that these people needed to continue to live in an environment similar to what they were used to.
Statements on the Prevention of Discrimination

GASPAR BIRO (Sub-Commission Expert) said the issue of the prevention of discrimination of minorities was, unfortunately, still high up on the long list of unresolved questions in the world. On a positive note, however, it should be mentioned that an increasing number of States had come to the conclusion in the past 15 years that the recognition of national or ethnic, religious and linguistic minorities together with their right to preserve and develop their own identity, followed by the granting of at least certain cultural rights, did not represent by itself a danger to the unity and territorial integrity of the State. Initiatives in the United Nations system and various regional intergovernmental organizations and fora had contributed to those views. The 10 years activities of the Working Group on Minorities had brought a crucial contribution to the understanding that constructive ways and means to guarantee the peaceful coexistence of majorities and minorities within the same State could be found, and democratic dialogue was the best method to proceed.

Despite the fact that there was no unified terminology in that field, practical solutions could be further worked out, including the integration of good practices and initiatives. It was common knowledge that as regards minorities, each and every situation was unique, whether particular countries were concerned, or the groups themselves. In addition, minority groups and communities were not homogenous entities, they were as diverse socially and politically, as the larger societies within the society.

N.U.O. Wadibia-Abyabwu (Sub-Commission Expert) said regarding the omnibus issue of discrimination, which included racism, racial discrimination and xenophobia, the Universal Declaration of Human Rights recognized the rights and inherent dignity of the human family. Extreme right political parties and organizations, which were driven by various political considerations including xenophobic tendencies lived on the fear that they imposed on people that their countries were being invaded by foreigners who had terrible effects, stealing jobs, and with a gross negative moral effect. The ideological motives of extreme-right organizations were to say the least incompatible with the current trend towards global integration, and violated the basic principles of equality and non-discrimination that States had committed themselves to uphold. Discrimination facing non-nationals was on the increase, and some were attacked and even killed by mis-informed citizens. Another worrying trend was justification and legitimization of this on the basis of the fight against terrorism. Many measures imposed by countries in the context of this fight had been found to be discriminatory in nature.

The upsurge in discrimination and xenophobic tendencies could be found in many parts of the world. As a panacea to this, cultural reorientation, education and sensitization should be vigorously pursued at all levels, national and international, to reset the mindsets of those who espoused racism and xenophobia. The international community should put in place measures that would erode these beliefs and practices that encouraged racial discrimination. The elimination of discrimination based on work and descent was an important global human rights challenge.

CHIN SUNG CHUNG (Sub-Commission Expert) said that agenda item 5 on the prevention of discrimination constituted the core mandate of the Sub-Commission since its establishment. Under this item, he would like to speak about genocide and minorities, especially from the prospective of preventing the preventable. Genocide had caused four times more deaths than all the war in history, and yet its perpetrators did not get the much-needed concern which they deserved. Even ordinary people could become genocidal killers when placed in unusual situations. One tended to gloss over the fact that numerous minority groups had been wholly or partially exterminated in the course of human kind’s murderous past. The international community was not alert to where genocides might occur next and one did not know how to prevent them. It was reported that 37 million people were killed in wars and 170 million in genocides during the last century. In the current century genocide of minorities continued. The situation of the minorities in Darfur clearly demonstrated the urgency as it involved genocide.

DARREN DIAS, of Dominicans for Justice and Peace, on behalf of Dominican Leadership Conference, said religious intolerance and discrimination on the basis of religion remained the root causes of a number of conflicts, wars, and ongoing violence in the world; furthermore, it was often a major motivation for attacks by extremists against religious minority groups in a region. One example of systematic religious discrimination was found in Pakistani legislation that promoted a climate of intolerance, division and extremism, and this was to be found in the blasphemy laws which dealt with offences pertaining to legislation; these offences carried the death penalty. Consequently, the Sub-Commission was urged to support the recommendations made by the Justice and Peace Commission of the Catholic bishops of Pakistan, which included that the Constitution of Pakistan and statutory laws that discriminated against religious minorities be repealed.

JOSEPH RAJKUMAR, of Pax Romana, on behalf of UNESCO Centre of Catalonia, in a joint statement with UNESCO Centre of Catalonia, said the world’s nearly 200 countries contained some 5,000 ethnic groups. Two thirds had at least one substantial minority – an ethnic or religious group that made up at least 10 per cent of the population. In the globalizing world, territorial intra-state conflicts increasingly challenged international peace and security and deprived millions of peoples of their basic human rights. In the new world, the principle of, and right to, self-determination acquired a new dimension within the interactive triangle of democracy, development and peace. The human rights exegesis had to adapt to those contemporary challenges by recognizing self-determination in a broad sense as an ongoing process of choice for the achievement of human security and fulfilment of human needs with a broad scope of possible outcomes and expressions suited to different specific situations.

INGRID ARNESON, of Lutheran World Federation, on behalf of International Movement against all Forms of Discrimination and Racism, said that taken together, the three working papers on discrimination based on work and descent demonstrated a number of important facts, including that discrimination based on work and descent contravened both the spirit and the letter of international human rights law; that it continued to be experienced by a substantial proportion of humanity; that its key features or bases were descent, work, endogamous isolation and concepts of purity and pollution; that its consequences could often be of the most extreme kind; and that many of the measures taken to combat it still lacked implementation and practical impact, and that discrimination and exclusion continued to be experienced in the daily lives of many members of these communities. The Sub-Commission clearly could not by itself resolve a problem that had persisted for millennia, but it could do much to draw attention to its persistence and to its human rights implications, to identify relevant principles and propose measures for its elimination and encourage Governments, inter-Governmental organizations and civil society to implement them.

KATRINA EILAND, of Women's Sports Foundation, said whistles were blown to signal the start of a race, while they sharply interrupted games so that violations of play could be immediately recognized and corrected. Whistles were blown to signal the end of a game meaning celebration for some and re-thinking for others. The whistles of sports could be blown to interrupt and correct the violations of discrimination. Sports represented an important tool in the development of a human rights culture. This year, Women’s Sports Foundation was celebrating its 30th anniversary and continued to build on its history of tackling the challenges of preventing discrimination in its various forms through its deep commitment to promoting basic human rights values through sports. Sports had often been a huge showcase for effective measures in the prevention of discrimination. Sports had a long history of being a form of physical dialogue towards the elimination of discrimination. Its importance as a vehicle for the promotion of human rights could not be understated.

Y. AGBETSE, of Franciscans International, said Dalits should be able to exercise their rights individually as well as within their society among people of other castes, without any discrimination, as stipulated by international covenants and the Indian Constitution. However, there were still concerns that persisted as to whether measures that had been created to promote their rights were effective. The Sub-Commission should continue to conduct research in order to clarify the obstacles that prevented existing international and national laws from being fully implemented; to identify the deep-rooted beliefs, practices and methods of discrimination against all discriminated minority groups; to pay more attention to education aspects for those vulnerable groups; and to appoint a Special Rapporteur entrusted to examine more deeply the causes of discrimination based on work and descent.

NELLY R. KISAR TSAKIMP NANKAMAI, of North-South XXI, said she represented the Untsuri Shuar people of the Equatorial Amazon and she was before the Sub-Commission to defend the neighbouring people, who were in the verge of extermination – the Zaparo people. They had lived since time immemorial in the Pastaza province, along the rivers Conambo and Pindoyacu. A century ago, they were 20,000 but at present, they were only 150 in Ecuador and less than a hundred in Peru. In 1941, they had been divided by the war between Peru and Ecuador, consequently impeding any family contacts during 50 years. In the Ecuadorian side, there were 14 communities over a vast territory of 370,000 hectares. The speaker requested assistance to preserve the culture and language of the Zaparo people.

JUAN PERLA, of General Conference of Seventh-day Adventists, said religious intolerance and prejudice were again on the rise. States and majority organizations around the world continued to both actively suppress and indirectly discriminate against religious minorities on the basis of their religious beliefs. Rights were frequently denied such minorities, a situation that was frequently compounded by national, ethnic or linguistic discrimination. Other problems were related to governmental policies that could be seen as directed against religious minorities. Not directly mandated by the State, but still of great concern, were the permitted actions of religious majorities against minorities, and here again States were failing their position as guarantors of safety and security for all their citizens. The Sub-Commission should once again categorically and explicitly condemn all violations and instances of discrimination against religious minorities, upholding the principle of equality in law and practice, and demonstrating that any such violations would bring the severest response from the international community.

LEZ MALEZER, of Foundation for Aboriginal and Islander Research Action, said his group was pleased to note that the Economic and Social Council had recommended to the General Assembly, one week ago and by consensus, that a second decade on the World’s Indigenous Peoples commence in 2005. The review of the first decade had noted that significant progress had been made within the United Nations and the international community, but had concluded that a further challenge related to the implementation by States. He expressed satisfaction with the work of the last session of the Working Group on Indigenous Populations and the contribution made by the members of the Working Group and indigenous peoples, especially the Saami Council and the Tentebba Foundation, who had contributed joint papers to the session. The Sub-Commission should recommend that the High Commissioner appoint an indigenous board to assist with the organization and coordination of the programme of action for the decade, giving consideration to utilizing the Board of the Voluntary Fund for Indigenous Peoples.

MEHRAN BALUCH, of Interfaith International, said protective nationalism was thrust upon nations by history and circumstances: it was the will of the Baloch Nation, which had been put to the test as it struggled against the occupation of the Punjab. The sad and frustrating part was that no attempt whatsoever was made to understand the protective nationalism that was fermenting in Balochistan and Sindh, and the causes and circumstances that gave birth to it and the fears that sustained it continued to elude the grasp of those who sought to crush it. The existing political structure and constitution was no more acceptable by the minority provinces, in particular by the Baloch Nation, and it was suggested that a new constitution be framed in which the aspirations of the minority provinces were accommodated. The Sub-Commission should appoint a Special Rapporteur to carry out a fact-finding mission in Balochistan, and the earlier this were done, the better it would be for the people of Balochistan: it was necessary for the fact-finding mission to reach Balochistan before the near genocide was complete.

DAVID LITTMAN, of Association for World Education, speaking on the situation in Darfur, Sudan, said that among the massive war crimes still being perpetrated in Darfur by Arab militias of the Government of Sudan, “systematic rape of women” was but one of many. A United Nations spokesperson had announced last Thursday that women and girls recently interviewed had said Janjaweed fighters had raped them, sometimes repeatedly, in the past week. An African Union report just released said that Arab militiamen had recently burned alive villagers who had been shackled in chains. All that was part of an attempt to destroy an indigenous African people. That was racism at its worst: genocide. A crucial point and one that called for the immediate action of the Sub-Commission was the development of the legal framework for genocide prevention, and especially trials, to punish those who ordered and carried out genocide. In response to international pressure, there seemed to have been some recent trials of people accused of war crimes.

The representative of All for Reparations and Emancipation, said Afro descendent minorities did not have collective human rights protection under the United Nations. The United Nations was the greatest giver of law in civilized society, and if it could not be called upon to grant the Afro descendents protected collective human rights, who could? Member States should contribute to the United Nations activities concerning minorities.

HANAN SHARFELDDIN, of International Organization for the Elimination of all Forms of Racial Discrimination, said racist tendencies and the policy of double-standards or even multiple standards had been put on display for the whole to see. Actually, it was the provocative and shocking situations that were taking place in Palestine and Iraq, which had brought shame and scandal to American society, and which a few weeks ago, had led a large group of old and eminent American diplomats and retired American army generals who had worked in the Arab region to write a petition. The petition had vehemently condemned the American leadership, which was dominated by right-wing extremist thought that obediently served the wishes and aims of international Zionism. International Zionism, which was deep-rooted in the American right, could not exist in conformity or in harmony with the majority of the countries of the world and their people. In fact, it was the ambition of the inhabitants of the planet to end the dreadful conflict taking place in Iraq.

SYBILLE RUPPRECHT, of International Institute for Peace, said heterogeneity was a fact of life, taking the form of physical features and moral values. Divisive tendencies, formed of age-old tendencies were often exacerbated by political structures, fostering the growth of a ghetto mentality in many nations, translated often into individual and group violence. It was the role of democratic nations to promote a culture of tolerance and the pursuit of peace, but when they defaulted on this role, it became hard to show the way to those States who promoted discrimination. Terrorism was a negative factor in this, as was the fight against it. Global terrorism could not be fought by creating new discrimination, as new methods were often rooted in xenophobia and bulwarked by extremism, impacting the rights of innocent citizens, further creating an environment of discrimination that was translated into violence and denied minorities the right to determine their own future.

JUNITA OLINEN, of European Union of Public Relations, said in the absence of institutional and legal structures created by a State, the status of individuals and groups in any society was determined by age-old attitudes, customs and traditions handed down over generations. Man created the criteria of minority and majority and it was not a natural phenomenon. The unfortunate reality of humanity was that despite being born of the same creator, man had effectively created barriers among himself based on gender, faith and beliefs. That situation was aggravated when such attitudes were encouraged by institutional, constitutional and legal norms fashioned by nation-states. The distinction between individuals and groups lead to majority groups laws and created State structures that perpetuated their power and subjugated minority groups. The dangers were greatest in situations where tradition, religion and education had already combined to perpetuate an ethos of discrimination and oppression against minorities. Pakistan, which was today recognized as the source of indoctrination and training of many of the religiously motivated terrorists feeding the Al Qaeda and its affiliated, was a case in point.

KAREN PARKER, of International Educational Development, said the international community had succumbed to racism. Governments seeking to legitimise their occupation and political control of ethnic nationalities, peoples and groups sought to avoid any implications of the right to self-determination, or indeed the application of humanitarian law. While demonization of ethnic nationalities had been a key feature of Government policies by the authorities in many countries, the spill-over effect in the international community had been especially apparent regarding Burma, Indonesia, India, China, Sri Lanka, and Turkey. It had been hoped in vain for many years that the Sub-Commission would be immune to overtly racist attitudes that had seriously impeded resolution of these situations, and it could only be hoped that this year would see change.

MUHAMMAD AZAM, of International Human Rights Association of American Minorities, said that the menace of the caste system still prevailing in many societies was undoubtedly the worst manifestation of discriminating behaviour. It continued to deprive a large number of human beings from attaining an equal status and basic rights promised by the Universal Declaration of Human Rights more than half a century ago. Even the commitment of human rights activities and the welfare organizations working for the removal of social disparities had failed to bring positive changes in many societies. For instance, millions of people in India were victims of that social evil. They were regarded by the Hindu majority as untouchables and were deprived of their political representation, economic empowerment and socio-cultural independence. The millions of so-called low caste or untouchables in India and Muslims in that country awaited the moment when the international human rights system would have the ability to erect safeguards for the protection of their lives and their rights.

GENEVA ARIF, of Liberation, said the plight of the people of the Chagos Islands, who were removed by British colonial administrators, was today grave. In addition to demanding compensation, the Islanders wanted the right to return to their homes, but this had been prevented. Regarding the Draft National Policy on Tribals of the Government of India, neither the indigenous peoples worldview on critical issues nor the issues of forced evictions and land alienation were duly reflected in the Draft. It was essential that the Government of India recognized the collective rights of indigenous and tribal peoples over their traditional knowledge. The Sub-Commission should investigate this matter and report to the 2005 session on actions taken to bring justice to the people of the Chagos Islands and the protection of indigenous and tribal peoples in India.

DAVID LITTMAN, of World Union for Progressive Judaism, said that under the guise of anti-Zionism, a new Judeophobia, encompassing anti-Judaism, anti-Zionism and anti-Semitism was now generally recognized by many experts in that field as endemic in the Arab/Muslim world, being nourished by a general culture of hate, that was infecting Europe and beyond. It would be fitting for the Sub-Commission to address that alarming wave of Judeophobia, which today characterized Europe. To continue to sport a blind eye was to ignore a major motivating force behind the ideology of jihad responsible for scores of Islamist terror acts that had left a bloody trail in the pas three years from Manhattan, Washington, Bali, Istanbul, Riyadh, Djerba, Casablanca, Jerusalem, Ashdod, Tel Aviv and Madrid. The deadly cocktail of terrorism, jihad and Judeophobia had embodied in Islamist organization from Al Qaeda to the Palestinian Hamas movement, represented a potent totalitarian threat to any open society and the cause of human rights, including the United Nations, where recent security measures were not restricting the work of many non-governmental organizations

SADAR USMAN ALI KHAN, of World Muslim Congress, said minorities were the most vulnerable section of any society and were quite often on the receiving end of any human rights violations. Thus they needed the protection of both the State as well as the international community. In spite of some progress made in the last few years where the international community had taken not any remedial action to redress infringements, there was an ever-growing need to do more. Cases of blatant human rights violations had come to the notice of human rights bodies, much more needed to be done to bring the issue to centre-stage of the overall rights debate. The attention of the Sub-Commission should be drawn to massive and systematic violations of minority rights in a country which projected itself as the biggest democracy of the world: the oppression of the Dalits in India. The appointment of a Special Rapporteur on the human rights of minorities would be a step forward to bring massive human rights violations to the notice of the international community.



CORRIGENDUM

In press release HR/SC/04/5 of 29 July, 2004, the representative of Indonesia whose right of reply appeared on page 9 was misidentified. Following is the correct name:

LASRO SIMBOLON (Indonesia), speaking in a right of reply, said that with regard to the statement made by Ms. Hampson on the situation in Aceh, Ms. Hampson was regarded as an objective Expert by the Government of Indonesia, yet her statement had been listened to with dismay. Her statement had been based mostly on a statement made by Human Rights Watch which was an expert in manipulating the media and the public. The goal of the mission in Aceh was to protect the rights of the people in Aceh. For years, residents in Aceh had been subjected to violence in the name of parochial Islamist ideology, which was greatly different to the policies of pluralistic Indonesia. The economic situation was slowly improving, and the local government was returning to normal. The promotion and protection of human rights was high on the national agenda in the context of current reform and democratisation. Indonesia was still far from perfect, but was working on creating democratic institutions. The police and the military had been reformed; there was a liberal media and an outspoken civil society, but certain quarters continued to judge Indonesia by the yardstick of the past, and it was important to look at the full process in order to have a coherent picture of what was going on.