SUBCOMMISSION HEARS ALLEGATIONS OF HUMAN RIGHTS VIOLATIONS IN NUMEROUS COUNTRIES
05 August 1998
MORNING
HR/SC/98/4
5 August 1998
The Subcommission on Prevention of Discrimination and Protection of Minorities took up this morning its annual review of human rights situations anywhere in the world, hearing from a series of non-governmental organizations (NGOs) which charged abuses in various countries.
Among the claims were allegations by the NGO Pax Romana that systematic gang-rapes and killings of ethnic Chinese in Jakarta had not received sufficient response from the Indonesian Government; charges by the International Association for Religious Freedom that rights to religion were being denied to Tibetans, Catholics, and others by China; and assertions by Caucausians United for Reparations and Emancipation that the United States denied African-Americans their culture, religion and language. Subcommission expert Ahmad Khalifa further charged that the United States caused "heinous" violations of human rights through its imposition of economic sanctions against Iraq, Iran, and Cuba.
Human rights violations were further alleged in Belarus, Sudan, Colombia, Mexico, Algeria, Turkey, Bahrain, Tunisia, Congo-Brazzaville, the Western Sahara, Japan, Afghanistan, Pakistan, Kashmir, and the Democratic People's Republic of Korea.
Subcommission experts Fan Guoxiang, David Weissbrodt, and Mustapha Mehedi spoke. Mr. Mehedi dwelt at length on the human rights situation in Algeria, responding in part to comments made by Mr. Weissbrodt.
Providing formal statements at the meeting were representatives of Association for World Education (on behalf of Christian Solidarity International); Transnational Radical Party; Pax Romana; International Association for Religious Freedom; Caucasians United for Reparations and Emancipation; Lutheran World Federation; International League for Human Rights; American Association of Jurists; International Federation for Human Rights; International Peace Bureau; Centre Europe - Tiers Monde; International Association of Democratic Lawyers; Society for Threatened Peoples; International Institute for Peace; and Franciscans International.
The Subcommission will reconvene at 3 p.m. to continue its debate on the global human rights situation.
DAVID LITTMAN, the Association for World Education and Christian Solidarity International addressed the issue of genocide, and called for a close examination of how to use the existing international instruments of prevention to check the globalisation of genocide in the coming century. The speaker welcomed the Commission on Human Rights's resolution 1998/10 that called for the universal ratification of the Genocide Convention and the full implementation of its provisions, and called on the Subcommission to pass a resolution directed towards the prevention of genocide. The NGOs called upon the High Commissioner for Human Rights to act specifically on the genocide decimating the Sudan. The NGOs called for the Subcommission to pass a resolution on genocide that would; condemn any direct or public incitement to commit genocide; recommend that whenever any sign of direct or public incitement to commit genocide was manifested, State parties to the Convention should call upon the competent organs of the United Nations to take appropriate actions; and recommend that the International Criminal Court be authorised to act on the implementation of the Genocide Convention.
OLGA CECHUROVA of the Transnational Radical Party, said more attention had to be given to the question of the final status given to Kosova; a stop must be put to such abuses as artillery attacks by the Belgrade regime, torture, deaths of innocent civilians, ill-treatment of civilians, and large refugee flows. No sufficiently decisive steps had been taken by the international community to let Mr. Milosevic understand that the world would not tolerate further violence. Meanwhile, the brutal ethnic cleansing of Albanians -- the majority population in Kosova -- continued. The Transnational Radical Party supported the strong resolution adopted this year by the Commission on Human Rights. It emphasized the urgent necessity for the international community to take decisive steps to implement the measures, and was convinced that it was high time that Mr. Milosevic was put under investigation by the war crimes tribunal for the former Yugoslavia.
KARLINA LEKSONO SUPELLI, Pax Romana addressed the violent acts against humanity in Indonesia during 1998 that had resulted in 2,244 dead, and 91 injured, according to the Team of Volunteers for Humanitarian Causes. The violence was part of a highly organised plan, as indicated by the systematic choice of Chinese women as targets. The NGO noted that the May tragedy was inseparable from the power struggle in Indonesia and there had been a pattern of such violence in Indonesia over the past thirty years. The violence was not the result of racial conflict and there had been reports of new outbreaks of violence since July. The Indonesian Government had only dealt with this problem on a case by case basis, and the NGO therefore requested the Subcommission to address a letter of concern to the Indonesian authorities asking them to objectively and comprehensively address the problem. This letter should note that systematic rape was a violation of human rights, and that there should therefore be an impartial report by a UN expert on the rape of Chinese women; ask the Indonesian Government to ensure some form of compensation and rehabilitation services for the victims; encourage the authorities to urge the Fact Finding Team composed of the National Commission on Human Rights, the Government and NGOs to seriously investigate the causes of the gang rapes and May violence; request the Government to ensure access to operations for teams of volunteers and guarantee their security.
GIANFRANCO ROSSI, of International Association for Religious Freedom, said that China was still not a party to the International Covenant of Civil and Political Rights; other countries, including the United States and Italy, had urged China to respect the rights of its citizens to religious freedom. The Commission on Human Rights Special Rapporteur on Religious Intolerance had urged China to pass an explicit law guaranteeing religious freedom. It was true that Chinese authorities were more tolerant than they had been during the extraordinary religious persecutions of the cultural revolution; but discrimination incompatible with real religious freedom continued; all religious groups were required, for example, to register with the Government, which exposed them to rigid rules and close surveillance; Catholics were prevented from having the close and direct connection they wished with the Pope and with the centre of the church in Rome; interference continued in the religious affairs of Tibet and with the relation of Tibetans to their religious leader, the Dalai Lama. The Subcommission must address these grave problems.
SILIS MUHAMMAD, Caucasians United for Reparations and Emancipation noted that with reference to Article 27 of the International Covenant on Civil and Political Rights, the African-Americans of the United States were deprived of their culture, religion and language. The Subcommission should establish a forum to enable African-Americans to reclaim their original human rights, and decide if they choose to assimilate. A new Working Group could be established in Geneva to address the acute problems in the United States. A potential holocaust was “on the horizon” particularly in the United States.
PETER PROVE, of Lutheran World Federation, speaking on behalf of three other NGOs, said this was the third year it was raising the matter of the situation of Bhutanese refugees in Nepal and India; a resolution had been passed last year, which was encouraging, but meanwhile Bhutanese refugees continued to languish in camps in Nepal; almost all were of Nepali ethnicity and had previously lived in southern Bhutan; most dearly wanted to return to their homes in Bhutan after fleeing in 1990. After five years of intermittent meetings, bilateral negotiations between Bhutan and Nepal had not led to repatriation of a single refugee; it was clear that an independent and impartial facilitation of negotiations must be undertaken; help should be sought from such experts as the Office of the High Commissioner for Refugees. It also was clear that a review of current citizenship legislation in Bhutan must be undertaken to ensure that it did not result in arbitrary deprivation of nationality or cause statelessness. Bhutan must make specific provisions for securing the rights of refugees upon their return.
ANDREI SANNIKOV, the International League for Human Rights, Representative of the Charter 97 civic initiative, addressed the human rights situation in Belarus, stating that the authorities in Belarus were constructing a system of totalitarian government, and that human rights were being violated. There were cases of police brutality and the authorities were promoting a system of lawlessness. Political prisoners were denied their rights. The regime suppressed any dissenting views and arrested, jailed or fined activists. The Belorussian authorities were suppressing the Belorussian language. A Parliamentarian, Mecheslav Grib had warned that the President of Belarus was preparing to initiate a state of emergency in order to avoid elections that were due in 1999. The state of democracy and human rights in Belarus was deteriorating, and this was a test of the whole international system of human rights protection.
AHMAD KHALIFA, Subcommission expert, asked who ran the human rights show on earth? The answer was the mightiest -- militarily, economically, and politically. Where were human-rights advocates when sanctions against entire peoples were permitted, causing untold suffering to the innocent and amounting in some cases to death? The proliferation of United States sanctions was amazing and had gone far beyond the country's legitimate interests. It was time for this heinous chapter in human rights to be closed, especially as applied to Iraq, Iran, and Cuba.
The principle of sovereignty of States and non-interference in domestic affairs was in a shambles, Mr. Khalifa said, and that had led to rivers of blood flowing; such interference was simply colonization in a new shape; we now knew that the crises in Burundi and Rwanda were maneuvered by foreign fingers. Often the profit motive was behind such interference; intervention didn't occur to halt genocides; it occurred when the world's powerful countries saw they could make a profit. There also was religious prejudice among world powers -- one never heard direct, demeaning vilification of a certain religion, and one heard it all the time about another major religion. Israel, meanwhile, had just celebrated 50 years of existence, and that country had begun by evicting thousands of people from their homes, depriving them of their property, their history, their very lives.
The Middle East situation, the explosion of nuclear devices in southeast Asia, the worsening circumstances everywhere in the world, indicated the gap between United States power and its moral influence and authority, Mr. Khalifa said.
FAN GUOXIANG, Subcommission expert, noted that the outbreak of a financial crisis in certain parts of Asia had produced a multi-dimensional shock which had cast doubts on all aspects of Asian life. This did not justify, however, a denial of the significance of Asian values and culture. Humaneness was an Asian tradition, and the Asian perspective combined individual rights and collective interests. Therefore, while upholding self-respect and personal dignity the value of an individual as an integral part of the whole society was emphasised by Asians. In addition, a balance of duties and rights had been widely accepted as being essential. In Oriental tradition, frugality was regarded as a virtue, and this was reflected in the high saving rate among the Asian population. A harmonious relationship among members of a community was necessary for stability and rapid development. With regards to the culture of the outside world, he stated that Asians adopted a two-fold approach: maintaining their traditional values and national identities while assimilating the knowledge and experience that would be useful for their development. This did not necessarily entail complete acceptance of Western philosophy and social structures, the gist of one's own culture had to be preserved.
ANDRES PEREZ BERRIO of the American Association of Jurists, stated that though there was a new Government in Columbia that had made contact with the armed groups, this success should not become an excuse for the Government to postpone the establishment of a state of law. The Subcommission should make a declaration emphasising the fundamental necessity of re-establishing a state of law in Columbia. The NGO also called for the release of the ex-Columbian mayors Jose Antinio Lopez Bula and Nelson Campos Nunez who had been found innocent by the courts but who remained in custody. The organisation reiterated its concern at the attitude of the Chilean authorities towards the Mapuches who were doing nothing more than defending their own land. The Government of Chile would better fulfil its responsibilities if it were to adhere to ILO Covenant number 169 on indigenous communities. In addition, a special Rapporteur should be appointed for Mexico where the human rights situation was deteriorating.
SARA GUILLET, of International Federation for Human Rights, said the situation in Algeria was of enormous concern; the country continued to deny what was clearly a great human rights crisis; the Subcommission must call on the Government not to respond to terrorist violence with State violence. The human rights situation in Turkey also remained of great concern; journalists and human rights activists were still jailed for expressing legitimate concerns about events in the country; torture still occurred; the Subcommission should set up a mechanism to monitor the situation in Turkey. Torture and ill-treatment of political detainees and opponents in Bahrain continued; rights to freedom of expression and assembly were routinely violated. The Mexican Government had not done nearly enough to end serious violations in that country, including extra-judicial executions; attention also was needed to situations in Tunisia and Congo-Brazzaville.
MARCELINO DIAZ DE JESUS, of the International Peace Bureau stated that the human rights and fundamental liberties of indigenous groups in Mexico were being violated. The Subcommission should play its preventive and protective role in the face of the problems faced by the indigenous peoples in the country. The situation in Chiapas was indicative of the problems faced by indigenous groups across Mexico. Communities in Chiapas, Oxaca and Guerrero believed that the Government was preparing for military action and called on the Subcommission to take action to prevent the situation from deteriorating. The International Peace Bureau had asked the High Commissioner for Human Rights to visit Mexico. The Subcommission should undertake preventative action by: expressing its preoccupation at the human rights situation, especially with regard to indigenous people; inviting the groups involved in the Chiapas conflict to implement the provisions of the San Andres accords, and prioritize dialogue; calling on the Mexican Government to implement the provisions of the human rights instruments to which it was party; asking for the liberation of political prisoners; requesting the United Nations Secretary-General to report on the human rights situation in Mexico at the 51st session; agreeing to discuss this issue during its next session.
I
MALIK OZDEN, of Centre Europe - Tiers Monde, said the United Nations had once again failed to take firm action needed to allow a fair referendum on the Western Sahara; Morocco continued to place obstacles in the path of peace; the press was not allowed to cover freely the process leading up to the referendum; the credibility of the United Nations was at stake. There continued to be disagreements over the specifics of the peace plan raised by Morocco; these difficulties had occurred for years; the United Nations must insist on implementation of the peace and referendum plans as stipulated. The territory must be opened up to observers and the press now, not later, to ensure the fairness of the referendum; steps also were needed to ensure respect for human rights after the vote, whatever its outcome; to date, there was still too much secrecy surrounding the process.
KUNIO SAITO, of the International Association of Democratic Lawyers called on the United Nations Commission on Human Rights to recommend to the Japanese Government that it apologise and compensate for its war-time actions. Under the Public Order Maintenance Law, enacted in 1925, the Japanese Government had oppressed all those who had opposed the war, prosecuting 75,681 people and imprisoning and torturing others. The Japanese Government had never made an apology, nor taken any substantive action to compensate the victims of its actions, though other States, such as Canada and the United States, had done so. In particular, the Japanese Government had an insincere attitude towards the "comfort women" who had been forced to serve as sex slaves for Japanese soldiers. The Subcommission should investigate the issue of the Pubic Order Maintenance Law, and recommend to the Japanese Government that it apologise and offer compensation to the victims of this law.
NGAWANG CHOEPHEL, of Society for Threatened Peoples, said the Subcommission must not ignore the human rights violations occurring in Tibet; there were cases of arbitrary detention, disappearance, custodial death, summary execution, torture, and unfair trails; in fact matters were growing worse. Tibetans continued to be denied basic rights to freedom of speech, assembly, religion, and movement; the continued incommunicado detention of the eleventh Panchen Lama, now nine years old, was one example of the worsening situation. Nuns and monks were expelled from their institutions and China refused to allow independent access to the region, thus making it hard to gather facts and monitor the situation. Visits occasionally made by foreign officials were conducted tours that did not produce true and accurate impressions. It was to be hoped that China would allow the High Commissioner for Human Rights to visit Tibet when she went to China in September.
SYBILLE RUPPRECHT of the International Institute for Peace stated that it was necessary to examine the question of fundamental freedoms and discrimination in the context of the groups that used the language of religion to impose their ideologies on others. Pakistan had sought to instal in Jammu and Kashmir the same kind of regime as that established by the Taliban in Afghanistan. Since 1947, the people of the Northern Areas were ruled from Islamabad like a colonial possession and any attempt to demand their right was crushed by the security forces. Political parties from the Northern Areas were not permitted to participate in elections in Pakistan as they wanted to fight on the platform of independence. If the international community did not wish to see the Taliban situation replicated in other countries, the Subcommission should address the problem of human rights in Pakistan and should call on the Government of Pakistan to desist from encouraging the forces of extremism.
DAVID WEISSBRODT, Subcommission expert, said attention was needed to the plight of human rights defenders around the world. Every Government needed to improve its human rights performance, including, he admitted, the United States; he wished to mention the situations in several countries, but did not contend that they should be compared -- each should be considered individually.
Great concern needed to be focused on Algeria, where massacres, bombings and other killings had cost tens of thousands of lives; there were reports of rapes, disappearances, torture, and deaths in custody. Algerian authorities had made it difficult to ascribe responsibility for the massacres and killings, and there had been widespread impunity for the perpetrators; members of human rights organizations and independent journalists had been targeted. The situation illustrated the need for the international community to protect the role of human rights advocates; they helped to break the wall of silence, make abuses visible to the world, and end the climate of impunity. The Subcommission should express its concern and should urge the Government to accept international verification of the human rights situation there.
The situation in Belarus had worsened since last fall, Mr. Weissbrodt said; power had been increasingly centralized and had become more arbitrary; individual journalists and human rights defenders had been subjected to arbitrary detention, imprisonment, beatings, and threats. Human rights defenders were routinely threatened, injured, and killed in Colombia, Mr. Weissbrodt said; the Government had made important efforts to protect human rights and had accepted active participation by the International Committee of the Red Cross, but it had much more to do. Mr. Weissbrodt also expressed continuing concern over human rights situation in the Democratic People's Republic of Korea, and noted that the DPRK had charged that last year's Subcommission resolution on the country had been drafted by "trickery"; the Government also had sought to withdraw from the International Covenant on Civil and Political Rights. He noted that despite some positive developments in Turkey, there continued to be endemic torture and problems with internal displacement, closure of human rights organizations, and harassment and even killing of individual human rights defenders and journalists, along with a rise in extrajudicial killings which appeared to be politically motivated.
MUSTAPHA MEHEDI, Subcommission expert stated that he wished to respond to some of the issues raised by Professor Weissbrodt and that he intended to provide clarification on the situation in Algeria. It was sometimes made to appear that Algeria had been condemned by the international community. However, the Committee on Civil and Political Rights had recently examined the second periodic report of Algeria and had formulated a series of recommendations. The Committee had found that Algeria had incorporated international human rights standards in its domestic legal order, and that this had helped to consolidate and promote the rule of law. The Committee had condemned terrorism and had expressed its solidarity with the people of Algeria. The Committee had also emphasised that the Algerian State had provided itself with structures for the protection and promotion of human rights and structures for mediation. He stated that the Constitution of 1996 had also contributed to the construction of a state that was bui lding its democracy in a resolute manner. In cooperation with the United Nations Secretary-General, the Algerian Government had established a Panel, chaired by Mr. Mario SUAREZ, that would make a report on the human rights situation in Algeria.
ALESSANDRA ALILA, of Franciscans International, said there was strong evidence that the Mexican Government was implementing a strategy in Chiapas aimed at: increasing the military presence and so controlling legitimate political and social activities, continuing to allow paramilitary groups to harass communities with full impunity; systematically attacking local organizations and autonomous municipalities; and arbitrarily expelling foreign priests, international human rights observers, and journalists. The Subcommission should pass a resolution requesting appointment of a Special Rapporteur. There also was an alarming chain of violence and impunity in the countryside in Brazil, including persecution of human rights defenders, lawyers, technicians, union leaders, and religious leaders connected with the struggle for fair land distribution. Greater attention was needed to problems of religious freedom in Pakistan, including the sufferings of the Christian community; discriminatory laws and blasphemy laws should be repealed; and the Subcommission should closely monitor the situation.
HR/SC/98/4
5 August 1998
The Subcommission on Prevention of Discrimination and Protection of Minorities took up this morning its annual review of human rights situations anywhere in the world, hearing from a series of non-governmental organizations (NGOs) which charged abuses in various countries.
Among the claims were allegations by the NGO Pax Romana that systematic gang-rapes and killings of ethnic Chinese in Jakarta had not received sufficient response from the Indonesian Government; charges by the International Association for Religious Freedom that rights to religion were being denied to Tibetans, Catholics, and others by China; and assertions by Caucausians United for Reparations and Emancipation that the United States denied African-Americans their culture, religion and language. Subcommission expert Ahmad Khalifa further charged that the United States caused "heinous" violations of human rights through its imposition of economic sanctions against Iraq, Iran, and Cuba.
Human rights violations were further alleged in Belarus, Sudan, Colombia, Mexico, Algeria, Turkey, Bahrain, Tunisia, Congo-Brazzaville, the Western Sahara, Japan, Afghanistan, Pakistan, Kashmir, and the Democratic People's Republic of Korea.
Subcommission experts Fan Guoxiang, David Weissbrodt, and Mustapha Mehedi spoke. Mr. Mehedi dwelt at length on the human rights situation in Algeria, responding in part to comments made by Mr. Weissbrodt.
Providing formal statements at the meeting were representatives of Association for World Education (on behalf of Christian Solidarity International); Transnational Radical Party; Pax Romana; International Association for Religious Freedom; Caucasians United for Reparations and Emancipation; Lutheran World Federation; International League for Human Rights; American Association of Jurists; International Federation for Human Rights; International Peace Bureau; Centre Europe - Tiers Monde; International Association of Democratic Lawyers; Society for Threatened Peoples; International Institute for Peace; and Franciscans International.
The Subcommission will reconvene at 3 p.m. to continue its debate on the global human rights situation.
DAVID LITTMAN, the Association for World Education and Christian Solidarity International addressed the issue of genocide, and called for a close examination of how to use the existing international instruments of prevention to check the globalisation of genocide in the coming century. The speaker welcomed the Commission on Human Rights's resolution 1998/10 that called for the universal ratification of the Genocide Convention and the full implementation of its provisions, and called on the Subcommission to pass a resolution directed towards the prevention of genocide. The NGOs called upon the High Commissioner for Human Rights to act specifically on the genocide decimating the Sudan. The NGOs called for the Subcommission to pass a resolution on genocide that would; condemn any direct or public incitement to commit genocide; recommend that whenever any sign of direct or public incitement to commit genocide was manifested, State parties to the Convention should call upon the competent organs of the United Nations to take appropriate actions; and recommend that the International Criminal Court be authorised to act on the implementation of the Genocide Convention.
OLGA CECHUROVA of the Transnational Radical Party, said more attention had to be given to the question of the final status given to Kosova; a stop must be put to such abuses as artillery attacks by the Belgrade regime, torture, deaths of innocent civilians, ill-treatment of civilians, and large refugee flows. No sufficiently decisive steps had been taken by the international community to let Mr. Milosevic understand that the world would not tolerate further violence. Meanwhile, the brutal ethnic cleansing of Albanians -- the majority population in Kosova -- continued. The Transnational Radical Party supported the strong resolution adopted this year by the Commission on Human Rights. It emphasized the urgent necessity for the international community to take decisive steps to implement the measures, and was convinced that it was high time that Mr. Milosevic was put under investigation by the war crimes tribunal for the former Yugoslavia.
KARLINA LEKSONO SUPELLI, Pax Romana addressed the violent acts against humanity in Indonesia during 1998 that had resulted in 2,244 dead, and 91 injured, according to the Team of Volunteers for Humanitarian Causes. The violence was part of a highly organised plan, as indicated by the systematic choice of Chinese women as targets. The NGO noted that the May tragedy was inseparable from the power struggle in Indonesia and there had been a pattern of such violence in Indonesia over the past thirty years. The violence was not the result of racial conflict and there had been reports of new outbreaks of violence since July. The Indonesian Government had only dealt with this problem on a case by case basis, and the NGO therefore requested the Subcommission to address a letter of concern to the Indonesian authorities asking them to objectively and comprehensively address the problem. This letter should note that systematic rape was a violation of human rights, and that there should therefore be an impartial report by a UN expert on the rape of Chinese women; ask the Indonesian Government to ensure some form of compensation and rehabilitation services for the victims; encourage the authorities to urge the Fact Finding Team composed of the National Commission on Human Rights, the Government and NGOs to seriously investigate the causes of the gang rapes and May violence; request the Government to ensure access to operations for teams of volunteers and guarantee their security.
GIANFRANCO ROSSI, of International Association for Religious Freedom, said that China was still not a party to the International Covenant of Civil and Political Rights; other countries, including the United States and Italy, had urged China to respect the rights of its citizens to religious freedom. The Commission on Human Rights Special Rapporteur on Religious Intolerance had urged China to pass an explicit law guaranteeing religious freedom. It was true that Chinese authorities were more tolerant than they had been during the extraordinary religious persecutions of the cultural revolution; but discrimination incompatible with real religious freedom continued; all religious groups were required, for example, to register with the Government, which exposed them to rigid rules and close surveillance; Catholics were prevented from having the close and direct connection they wished with the Pope and with the centre of the church in Rome; interference continued in the religious affairs of Tibet and with the relation of Tibetans to their religious leader, the Dalai Lama. The Subcommission must address these grave problems.
SILIS MUHAMMAD, Caucasians United for Reparations and Emancipation noted that with reference to Article 27 of the International Covenant on Civil and Political Rights, the African-Americans of the United States were deprived of their culture, religion and language. The Subcommission should establish a forum to enable African-Americans to reclaim their original human rights, and decide if they choose to assimilate. A new Working Group could be established in Geneva to address the acute problems in the United States. A potential holocaust was “on the horizon” particularly in the United States.
PETER PROVE, of Lutheran World Federation, speaking on behalf of three other NGOs, said this was the third year it was raising the matter of the situation of Bhutanese refugees in Nepal and India; a resolution had been passed last year, which was encouraging, but meanwhile Bhutanese refugees continued to languish in camps in Nepal; almost all were of Nepali ethnicity and had previously lived in southern Bhutan; most dearly wanted to return to their homes in Bhutan after fleeing in 1990. After five years of intermittent meetings, bilateral negotiations between Bhutan and Nepal had not led to repatriation of a single refugee; it was clear that an independent and impartial facilitation of negotiations must be undertaken; help should be sought from such experts as the Office of the High Commissioner for Refugees. It also was clear that a review of current citizenship legislation in Bhutan must be undertaken to ensure that it did not result in arbitrary deprivation of nationality or cause statelessness. Bhutan must make specific provisions for securing the rights of refugees upon their return.
ANDREI SANNIKOV, the International League for Human Rights, Representative of the Charter 97 civic initiative, addressed the human rights situation in Belarus, stating that the authorities in Belarus were constructing a system of totalitarian government, and that human rights were being violated. There were cases of police brutality and the authorities were promoting a system of lawlessness. Political prisoners were denied their rights. The regime suppressed any dissenting views and arrested, jailed or fined activists. The Belorussian authorities were suppressing the Belorussian language. A Parliamentarian, Mecheslav Grib had warned that the President of Belarus was preparing to initiate a state of emergency in order to avoid elections that were due in 1999. The state of democracy and human rights in Belarus was deteriorating, and this was a test of the whole international system of human rights protection.
AHMAD KHALIFA, Subcommission expert, asked who ran the human rights show on earth? The answer was the mightiest -- militarily, economically, and politically. Where were human-rights advocates when sanctions against entire peoples were permitted, causing untold suffering to the innocent and amounting in some cases to death? The proliferation of United States sanctions was amazing and had gone far beyond the country's legitimate interests. It was time for this heinous chapter in human rights to be closed, especially as applied to Iraq, Iran, and Cuba.
The principle of sovereignty of States and non-interference in domestic affairs was in a shambles, Mr. Khalifa said, and that had led to rivers of blood flowing; such interference was simply colonization in a new shape; we now knew that the crises in Burundi and Rwanda were maneuvered by foreign fingers. Often the profit motive was behind such interference; intervention didn't occur to halt genocides; it occurred when the world's powerful countries saw they could make a profit. There also was religious prejudice among world powers -- one never heard direct, demeaning vilification of a certain religion, and one heard it all the time about another major religion. Israel, meanwhile, had just celebrated 50 years of existence, and that country had begun by evicting thousands of people from their homes, depriving them of their property, their history, their very lives.
The Middle East situation, the explosion of nuclear devices in southeast Asia, the worsening circumstances everywhere in the world, indicated the gap between United States power and its moral influence and authority, Mr. Khalifa said.
FAN GUOXIANG, Subcommission expert, noted that the outbreak of a financial crisis in certain parts of Asia had produced a multi-dimensional shock which had cast doubts on all aspects of Asian life. This did not justify, however, a denial of the significance of Asian values and culture. Humaneness was an Asian tradition, and the Asian perspective combined individual rights and collective interests. Therefore, while upholding self-respect and personal dignity the value of an individual as an integral part of the whole society was emphasised by Asians. In addition, a balance of duties and rights had been widely accepted as being essential. In Oriental tradition, frugality was regarded as a virtue, and this was reflected in the high saving rate among the Asian population. A harmonious relationship among members of a community was necessary for stability and rapid development. With regards to the culture of the outside world, he stated that Asians adopted a two-fold approach: maintaining their traditional values and national identities while assimilating the knowledge and experience that would be useful for their development. This did not necessarily entail complete acceptance of Western philosophy and social structures, the gist of one's own culture had to be preserved.
ANDRES PEREZ BERRIO of the American Association of Jurists, stated that though there was a new Government in Columbia that had made contact with the armed groups, this success should not become an excuse for the Government to postpone the establishment of a state of law. The Subcommission should make a declaration emphasising the fundamental necessity of re-establishing a state of law in Columbia. The NGO also called for the release of the ex-Columbian mayors Jose Antinio Lopez Bula and Nelson Campos Nunez who had been found innocent by the courts but who remained in custody. The organisation reiterated its concern at the attitude of the Chilean authorities towards the Mapuches who were doing nothing more than defending their own land. The Government of Chile would better fulfil its responsibilities if it were to adhere to ILO Covenant number 169 on indigenous communities. In addition, a special Rapporteur should be appointed for Mexico where the human rights situation was deteriorating.
SARA GUILLET, of International Federation for Human Rights, said the situation in Algeria was of enormous concern; the country continued to deny what was clearly a great human rights crisis; the Subcommission must call on the Government not to respond to terrorist violence with State violence. The human rights situation in Turkey also remained of great concern; journalists and human rights activists were still jailed for expressing legitimate concerns about events in the country; torture still occurred; the Subcommission should set up a mechanism to monitor the situation in Turkey. Torture and ill-treatment of political detainees and opponents in Bahrain continued; rights to freedom of expression and assembly were routinely violated. The Mexican Government had not done nearly enough to end serious violations in that country, including extra-judicial executions; attention also was needed to situations in Tunisia and Congo-Brazzaville.
MARCELINO DIAZ DE JESUS, of the International Peace Bureau stated that the human rights and fundamental liberties of indigenous groups in Mexico were being violated. The Subcommission should play its preventive and protective role in the face of the problems faced by the indigenous peoples in the country. The situation in Chiapas was indicative of the problems faced by indigenous groups across Mexico. Communities in Chiapas, Oxaca and Guerrero believed that the Government was preparing for military action and called on the Subcommission to take action to prevent the situation from deteriorating. The International Peace Bureau had asked the High Commissioner for Human Rights to visit Mexico. The Subcommission should undertake preventative action by: expressing its preoccupation at the human rights situation, especially with regard to indigenous people; inviting the groups involved in the Chiapas conflict to implement the provisions of the San Andres accords, and prioritize dialogue; calling on the Mexican Government to implement the provisions of the human rights instruments to which it was party; asking for the liberation of political prisoners; requesting the United Nations Secretary-General to report on the human rights situation in Mexico at the 51st session; agreeing to discuss this issue during its next session.
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MALIK OZDEN, of Centre Europe - Tiers Monde, said the United Nations had once again failed to take firm action needed to allow a fair referendum on the Western Sahara; Morocco continued to place obstacles in the path of peace; the press was not allowed to cover freely the process leading up to the referendum; the credibility of the United Nations was at stake. There continued to be disagreements over the specifics of the peace plan raised by Morocco; these difficulties had occurred for years; the United Nations must insist on implementation of the peace and referendum plans as stipulated. The territory must be opened up to observers and the press now, not later, to ensure the fairness of the referendum; steps also were needed to ensure respect for human rights after the vote, whatever its outcome; to date, there was still too much secrecy surrounding the process.
KUNIO SAITO, of the International Association of Democratic Lawyers called on the United Nations Commission on Human Rights to recommend to the Japanese Government that it apologise and compensate for its war-time actions. Under the Public Order Maintenance Law, enacted in 1925, the Japanese Government had oppressed all those who had opposed the war, prosecuting 75,681 people and imprisoning and torturing others. The Japanese Government had never made an apology, nor taken any substantive action to compensate the victims of its actions, though other States, such as Canada and the United States, had done so. In particular, the Japanese Government had an insincere attitude towards the "comfort women" who had been forced to serve as sex slaves for Japanese soldiers. The Subcommission should investigate the issue of the Pubic Order Maintenance Law, and recommend to the Japanese Government that it apologise and offer compensation to the victims of this law.
NGAWANG CHOEPHEL, of Society for Threatened Peoples, said the Subcommission must not ignore the human rights violations occurring in Tibet; there were cases of arbitrary detention, disappearance, custodial death, summary execution, torture, and unfair trails; in fact matters were growing worse. Tibetans continued to be denied basic rights to freedom of speech, assembly, religion, and movement; the continued incommunicado detention of the eleventh Panchen Lama, now nine years old, was one example of the worsening situation. Nuns and monks were expelled from their institutions and China refused to allow independent access to the region, thus making it hard to gather facts and monitor the situation. Visits occasionally made by foreign officials were conducted tours that did not produce true and accurate impressions. It was to be hoped that China would allow the High Commissioner for Human Rights to visit Tibet when she went to China in September.
SYBILLE RUPPRECHT of the International Institute for Peace stated that it was necessary to examine the question of fundamental freedoms and discrimination in the context of the groups that used the language of religion to impose their ideologies on others. Pakistan had sought to instal in Jammu and Kashmir the same kind of regime as that established by the Taliban in Afghanistan. Since 1947, the people of the Northern Areas were ruled from Islamabad like a colonial possession and any attempt to demand their right was crushed by the security forces. Political parties from the Northern Areas were not permitted to participate in elections in Pakistan as they wanted to fight on the platform of independence. If the international community did not wish to see the Taliban situation replicated in other countries, the Subcommission should address the problem of human rights in Pakistan and should call on the Government of Pakistan to desist from encouraging the forces of extremism.
DAVID WEISSBRODT, Subcommission expert, said attention was needed to the plight of human rights defenders around the world. Every Government needed to improve its human rights performance, including, he admitted, the United States; he wished to mention the situations in several countries, but did not contend that they should be compared -- each should be considered individually.
Great concern needed to be focused on Algeria, where massacres, bombings and other killings had cost tens of thousands of lives; there were reports of rapes, disappearances, torture, and deaths in custody. Algerian authorities had made it difficult to ascribe responsibility for the massacres and killings, and there had been widespread impunity for the perpetrators; members of human rights organizations and independent journalists had been targeted. The situation illustrated the need for the international community to protect the role of human rights advocates; they helped to break the wall of silence, make abuses visible to the world, and end the climate of impunity. The Subcommission should express its concern and should urge the Government to accept international verification of the human rights situation there.
The situation in Belarus had worsened since last fall, Mr. Weissbrodt said; power had been increasingly centralized and had become more arbitrary; individual journalists and human rights defenders had been subjected to arbitrary detention, imprisonment, beatings, and threats. Human rights defenders were routinely threatened, injured, and killed in Colombia, Mr. Weissbrodt said; the Government had made important efforts to protect human rights and had accepted active participation by the International Committee of the Red Cross, but it had much more to do. Mr. Weissbrodt also expressed continuing concern over human rights situation in the Democratic People's Republic of Korea, and noted that the DPRK had charged that last year's Subcommission resolution on the country had been drafted by "trickery"; the Government also had sought to withdraw from the International Covenant on Civil and Political Rights. He noted that despite some positive developments in Turkey, there continued to be endemic torture and problems with internal displacement, closure of human rights organizations, and harassment and even killing of individual human rights defenders and journalists, along with a rise in extrajudicial killings which appeared to be politically motivated.
MUSTAPHA MEHEDI, Subcommission expert stated that he wished to respond to some of the issues raised by Professor Weissbrodt and that he intended to provide clarification on the situation in Algeria. It was sometimes made to appear that Algeria had been condemned by the international community. However, the Committee on Civil and Political Rights had recently examined the second periodic report of Algeria and had formulated a series of recommendations. The Committee had found that Algeria had incorporated international human rights standards in its domestic legal order, and that this had helped to consolidate and promote the rule of law. The Committee had condemned terrorism and had expressed its solidarity with the people of Algeria. The Committee had also emphasised that the Algerian State had provided itself with structures for the protection and promotion of human rights and structures for mediation. He stated that the Constitution of 1996 had also contributed to the construction of a state that was bui lding its democracy in a resolute manner. In cooperation with the United Nations Secretary-General, the Algerian Government had established a Panel, chaired by Mr. Mario SUAREZ, that would make a report on the human rights situation in Algeria.
ALESSANDRA ALILA, of Franciscans International, said there was strong evidence that the Mexican Government was implementing a strategy in Chiapas aimed at: increasing the military presence and so controlling legitimate political and social activities, continuing to allow paramilitary groups to harass communities with full impunity; systematically attacking local organizations and autonomous municipalities; and arbitrarily expelling foreign priests, international human rights observers, and journalists. The Subcommission should pass a resolution requesting appointment of a Special Rapporteur. There also was an alarming chain of violence and impunity in the countryside in Brazil, including persecution of human rights defenders, lawyers, technicians, union leaders, and religious leaders connected with the struggle for fair land distribution. Greater attention was needed to problems of religious freedom in Pakistan, including the sufferings of the Christian community; discriminatory laws and blasphemy laws should be repealed; and the Subcommission should closely monitor the situation.