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Statements Office of the High Commissioner for Human Rights

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15 September 2000

Geneva, 15 September 2000


Informal One-Day Meeting
of Commission on Human Rights


Chairperson,
Excellencies,
Ladies and Gentlemen,


You have been receiving updates throughout the day from my Office on the wide range of reports which have been prepared for the General Assembly in accordance with Resolutions of the General Assembly and the Commission on Human Rights. I would like now to inform the Commission about my own Report to the 55th session of the General Assembly (document A/55/36) which will be considered by the Third Committee under Agenda Item 116 (d).

Preventing Human Rights Violations

Prevention is a key theme in my report to the General Assembly, just as it was in my report to the last session of this Commission.

My report highlights the situations in Sierra Leone, East Timor and Chechnya as examples which underline the urgency of improving preventive measures. There have been further significant developments in each of these situations.

Sierra Leone
In my report to the General Assembly, I describe measures that my Office has taken to implement the Resolution of the Commission on the “Situation of Human Rights in Sierra Leone”, adopted at the 56th Session.

I wish to inform the Commission as follows on the most recent developments.

In response to a request from the Government of Sierra Leone, the Security Council has authorised the establishment of an independent special court to try the violations of international humanitarian law in Sierra Leone. A draft Statute for the court and Agreement has been prepared by the Office of Legal Affairs and commented upon by OHCHR. Our comments were intended to ensure that the future court acts in accordance with international human rights standards.

UNAMSIL Human Rights Section is continuing its efforts at monitoring the human rights situation in prisons and detention centers. The Section conducted assessment missions to Kenema and Bo prisons and held meetings with Government officials to negotiate access to other prisons, including the Pademba Road prison in Freetown, and enquired about the detention of suspected RUF and members of other fighting forces. During the month of August, approximately 200 suspected RUF members were released from Freetown and Kenema prisons by the Government. About the same number of fighting forces continue to be detained.

Through its engagement, OHCHR has ensured ongoing attention to the human rights needs of Sierra Leone. According to reports from the Human Rights Section, OCHA and other humanitarian agencies, the human rights and humanitarian situation in Sierra Leone remains grave and of serious concern. Fighting and harassment by both the RUF and CDF have caused significant demographic movement both internally and to neighboring Guinea. Recent data from OCHA indicate that the resumption of hostilities since May has generated more than 300,000 IDPs. Over 15,000 Sierra Leonean refugees arrived in Guinea during the same period.

A basic element in improving the situation in Sierra Leone is strengthening civil society, in particular the NGO community. OHCHR and UNAMSIL are cooperating closely with the National Forum for Human Rights in this regard. A pressing need is to provide support to victims. OHCHR assistance includes various forms of NGO activities aimed at providing a real opportunity for victims of the Sierra Leone conflict to rebuild their lives and their communities. OHCHR provides financial assistance to torture victims through specialised NGOs under the UN Voluntary Fund for Victims of Torture.

My Office remains committed to resuming its assistance to the establishment of a Truth and Reconciliation Commission as soon as this is possible. In the light of the changed operational circumstances, OHCHR has been discussing with both donors and our partners how to proceed with these activities. Arrangements are underway to organize a consultation with the participation of a wide selection of grass roots human rights organizations and civil society movements. This would stimulate national debate and proffer recommendations on the relationship between a special court and the reconciliation process as well as possible strategies for advancing the process in the present circumstances. Additionally, a national workshop will be held in October in preparation for the establishment of the National Human Rights Commission. With the deployment of a Rule of Law Specialist in the Human Rights Section, UNAMSIL is organizing a national consultative conference with the focus on the judicial system, the rule of law and administration of justice, including the traditional court system.


East Timor

With regard to the activities of my Office in East Timor, I wish to inform the Commission of the most recent developments as follows:

I visited East Timor from 5 to 7 August 2000. Among the purposes of my visit were:

First, to evaluate how OHCHR can provide appropriate assistance in addressing the most pressing of the current human rights concerns. Second, to discuss the elements of a programme of Technical Cooperation to be delivered in close association with the United Nations Transitional Administration in East Timor, and third, to demonstrate my solidarity with the victims of human rights violations, with human rights defenders and with all the people of East Timor.

In the course of my visit, I met widely with East Timorese and UNTAET partners and interlocutors. I identified two priority issues:

My first priority is to take urgent steps to assist in addressing the plight of some 100,000 East Timorese refugees currently living in refugee camps in West Timor, including with regard to conditions and modalities for voluntary return. The shocking murder of three UNHCR colleagues in West Timor highlights the conditions of violence and lawlessness that face refugees and aid workers alike. This deplorable attack also demonstrates the urgent need for the Government of Indonesia to deliver on its commitment to protect and ensure the security of refugees and international organisations and their personnel.

The other issue which greatly concerns me is the ongoing lack of local capacity for tracing the East Timorese who disappeared in the course of the events of 1999. I cannot overemphasise the importance of addressing the need of survivors and family members to learn the whereabouts and the fate of their loved ones.

I am currently exploring the possibility of appointing a Personal Envoy who would undertake a fact finding mission on the human rights situation of refugees and on missing persons of East Timor origin. The Personal Envoy would make recommendations to me regarding possible action to assist and address this situation. The Personal Envoy would also advise me how I can be of assistance to local initiatives for the establishment of a tracing commission for missing persons in East Timor.

With regard to both issues, I have consulted the High Commissioner for Refugees Mrs. Ogata, and I intend to work closely in particular with UNTAET, UNHCR, and ICRC. With regard to the issue of the East Timorese refugees in West Timor, I intend to maintain close discussions with the Government of Indonesia.

OHCHR is considering the implementation of a technical cooperation programme, the aim of which will be to support, facilitate, assist and backstop the human rights programme of UNTAET. Working through UNTAET, OHCHR will prioritise attention to the involvement of local partners in the programme delivery. Areas of activity foreseen include human rights training for police, lawyers, the judiciary and UN personnel, reviewing draft legislation to ensure compliance with international human rights standards, promotion of the reconciliation process through international expertise and support for local initiatives and dissemination in local languages of UN human rights instruments and materials.

Chechnya in the Russian Federation
In my report to the General Assembly, I describe actions carried out by my Office in accordance with the terms of the Resolution on the “Situation in the Republic of Chechnya in the Russian Federation”,adopted at the 56th session. This Resolution requires me to report on its implementation at the 57th session of the Commission and to keep the Commission and the General Assembly informed on further developments as appropriate.

I wish to inform the Commission as follows on the most recent developments:

Firstly, following my raising of a number of issues with the government of the Russian Federation I have received a detailed reply from the Foreign Minister, Mr. Ivanov. I am grateful to him for the information provided, including details of measures to address the needs of the population.

Secondly, the Government of the Russian Federation has reiterated its position that requests for visits to the region from special mechanisms of the Commission on Human Rights can only be possible within the general framework of their mandates and without any link to the resolution of the Commission referred to above. The Russian authorities have extended invitations to visit the Russian Federation to the Special Rapporteur on Violence against Women and the Special Representative of the Secretary-General on Children in Armed Conflict on that basis. It will be recalled that three other mechanisms have requested visits: the Special Rapporteur on Torture, the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions and the Special Representative of the Secretary-General on Internally Displaced Persons.

Thirdly, following further consultations with regional and humanitarian organisations, I can inform the Commission that the humanitarian situation in Chechnya, Ingushetia and Daghestan remains very grave. There has been no significant return of displaced persons and the onset of winter and the scarce resources available make a humanitarian tragedy a real possibility. The response by the international community to appeals for funding is good but humanitarian agencies continue to be severely restricted in their activities because of security concerns. Other developments include reports that access has been arranged to a greater number of detention centres. This is an area in which I will try to get fuller information to report to the Third Committee. Experts of the Council of Europe are working with the office of the President’s Special Representative for Human Rights in Chechnya and the Secretary General of the Council of Europe has issued an Interim Report on their activities, including in the field of training.

Fourthly, the government of the Russian Federation has stated that it intends to continue its cooperation with my Office in other areas and is interested in holding the fullscale launch of the human rights education project which OHCHR will fund. An experts meeting will be held in Moscow at the end of this month.

I will inform the General Assembly that my chief concern remains that there be a credible response from the Russian authorities commensurate with the scale of the allegations of serious human rights abuses in Chechnya. I will say that I continue to be deeply concerned about reports of alleged serious human rights violations in Chechnya and convinced of the need for these to be adequately addressed. I will inform the General Assembly that I stand ready to hold senior level discussions with the government of the Russian Federation on these matters.

I would also like to update the Commission on two other situations which, while not treated in detail in my report, continue to be of great concern to me. Regarding the Federal Republic of Yugoslavia, including Kosovo, on 1 September I appointed Ambassador Henrik Amneus of Sweden as my Special Envoy on persons deprived of liberty in connection with the Kosovo crisis. I have often stressed the seriousness of the problem of persons deprived of liberty in the Former Yugoslavia including prisoners, detainees and missing persons, regardless of ethnicity. The Special Envoy will raise relevant issues with international, national and local authorities and parties throughout the country, to facilitate communication and contribute to a reduction of tensions. His main focus will be on addressing the nature of the problem and seeking comprehensive solutions.

I would like to pay tribute to UNMIK's hard work. Establishing a truly multi-cultural society is extremely difficult in a territory so marked by war and hatred. I am deeply concerned over violations of the rights of different ethnic groups in the Federal Republic of Yugoslavia, particularly in Kosovo. Despite extensive efforts, much remains to be done in the region, including the establishment of a fair judicial system and the promotion of a culture of human rights.

Turning to Colombia, since the last session of the Commission on Human Rights the Office has focused its activities on strengthening its monitoring capacity, developing and improving dialogue and cooperation with government agencies (especially through advisory services and technical cooperation), human rights NGOs and civil society in general. However, the human rights situation in Colombia has continued to deteriorate with serious, widespread, systematic violations taking place almost on a daily basis. The incidence of kidnapping and paramilitary activity is escalating. Clearly, the situation in Colombia is one which arouses great concern and which will require the continuing attention of the Commission, and of the international community generally.

Economic, Social and Cultural Rights and the Right to Development


Three chapters of my report to the General Assembly deal with human rights and development, and the Copenhagen+5 and Beijing+5 review conferences.

All of these issues are of the highest importance to me and central to my vision of a culture of human rights. I draw the Commission’s attention to the separate report to the General Assembly I have submitted on the right to development. I also commend the Secretary-General’s report on Globalisation to your attention. I am particularly pleased that the Working Group on the right to development will meet next week and I look forward to hearing the outcome of its deliberations. Two weeks ago, my Office cooperated with the Franciscans International in a seminar on the right to development. The seminar provided a forum for an important exchange of views and experience in the implementation of the right to development and set the scene for what I hope will be a fruitful working group.

I will inform the General Assembly that my Office will continue to work actively to promote system-wide integration of human rights in the programmes and activities of the United Nations, and, in particular, a rights-based approach to development assistance. The response within the UN system has been positive, for the most part, with a growing recognition of the added value of the human rights framework. The new initiatives adopted at the Special Session of the General Assembly and the follow up to the World Summit on Social Development located human rights as an important element in development strategies. My Office is in the process of examining how our activities can best be linked to the implementation of these new initiatives.

The fact that the first UNDP Human Development Report of the century focuses on human rights and human development is deeply significant. The report has shifted debate away from the old tendency to see these two as objectives to be pursued in parallel; instead we can see that we have common objectives and ways in which the development agenda is strengthened – not weakened – by human rights principles of accountability, empowerment, equality and non-discrimination. It also reaffirms the commitment of UNDP to implementing rights-based approaches to development with the HURIST programme, now in its second year of operation.

I am pleased to welcome the two newly appointed Special Rapporteurs on the right to food and the right to adequate housing. I look forward to their contributions to advancing the core human rights issues of food and housing.



World Conference against Racism

I spoke this morning about the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance.

To date, three out of the five regional expert seminars have been held. The African regional experts seminar will be held from 4-6 October in Addis Ababa. The Latin American seminar will be held in Santiago, Chile from 25-27 October. All reports on the seminars, with the exception of the first, which was already presented to the first Preparatory Committee session, will be presented to the second Preparatory Committee meeting, which will be held from 21 May to 1 June 2001. Prior to this session, informal consultations will take place in Geneva from 19 to 20 October 2000. An inter-sessional open-ended working group is to meet from 15 to 19 January 2001.

The four regional intergovernmental meetings are scheduled as follows: Strasbourg (11-13 October), Dakar (2-4 November), Santiago (4-7 December) and Teheran (19-21 February 2001).

The outcome of all these events will feed into the substantive preparatory process. One year from now, we will hold in our hands a Declaration and a concrete, practical-oriented Programme of Action. As you are aware, my Office is seeking support in the form of extra-budgetary contributions for the Conference and its preparatory process (travel expenses, personnel costs, public information and NGO activities) from governments, regional institutions and foundations. I will place detailed information about the funding needs before all concerned shortly and I ask for your cooperation in meeting requirements.

I would like to conclude by saying that I will tell the General Assembly that I would sum up my views about the World Conference as follows: undoubtedly it poses a great challenge organisationally and intellectually, especially when it is considered what limited resources OHCHR has at its disposal. But I see it also as an invaluable opportunity – to make headway in the fight against racism and xenophobia, and, more widely, to strengthen respect for core human rights values. If we all approach the conference in that positive spirit, we have the chance to achieve a great deal.

Thank you