HUMAN RIGHTS HIGH COMMISSIONER TELLS COMMITTEE RECONCILIATION IN FORMER YUGOSLAVIA REQUIRES PROPER INFRASTRUCTURE IN REGION

21 November 1995

Press Release
GA/SHC/3328

HUMAN RIGHTS HIGH COMMISSIONER TELLS COMMITTEE RECONCILIATION IN FORMER YUGOSLAVIA REQUIRES PROPER INFRASTRUCTURE IN REGION

19951121 Says Personal Contact with Governments Essential To Gain Trust, Ensure Support in Human Rights Issues

In order for the process of restoring peace and reconciliation in the former Yugoslavia to be successful, the proper infrastructure needed to be established in the region, the High Commissioner for Human Rights, Jose Ayala Lasso told the Third Committee (Social, Humanitarian and Cultural) this afternoon. He said that his Office was prepared to make great efforts in that region in a spirit of cooperation, and not of competition, with other United Nations bodies there.

Personal and direct contact with governments was essential to gain trust and ensure their support in human rights issues, he said. The results of his dialogues had demonstrated the willingness of the international community to cooperate with his Office. Although there had been positive responses, in some cases he had not received the desired response from States, such as in the case that resulted in the execution of Ken Saro-Wiwa and other political activists.

The High Commissioner for Human Rights this afternoon also held a dialogue with Committee Members. The representatives of Spain, Pakistan, Ghana, India, Brazil and Iran participated.

Also this afternoon, the Committee continued its consideration of the promotion and protection of the rights of the child as well as the programme of activities of the International Decade of the World's Indigenous People.

Stating that the situation of indigenous people world-wide was still difficult, the representative of Bolivia stressed the importance of involving indigenous people in the planning and implementation of the programmes of the Decade.

Speaking also on behalf of the Nordic countries, the representative of Sweden said that respect for the rights of indigenous people did not prejudice the territorial integrity of States.

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The representative of Mexico said her country had managed to be ahead of schedule in the attainment of goals of the Children's Summit with the eradication of polio and the reduction of death from diarrhoea by more than one half.

The representative of Pakistan called for more direct and forceful intervention strategies in regard to the sale of children, child prostitution and child pornography and spoke of the role of the media in disseminating crime, violence and sex.

Statements were also made by the representatives of Tunisia, Romania, Costa Rica, Syria and Cote d'Ivoire.

The Committee will meet again at 10 a.m. on Wednesday, 22 November, to continue its consideration of the promotion and protection of the rights of children as well as the programme of activities of the International Decade of the World's Indigenous People. It is also expected to take action on a draft resolution on the Office of the United Nations High Commissioner for Refugees.

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this afternoon to hear a statement by the High Commissioner for Human Rights, Jose Ayala Lasso, and to hold a dialogue with him. The Committee was also to continue its consideration of the question of the promotion and protection of the rights of children as well as the Programme of activities of the International Decade of the World's Indigenous People.

The Committee had before it a report of the Secretary-General on the sale of children, child prostitution and child pornography (document A/50/456); a study on the impact on children of armed conflicts (document A/50/537); a report on concrete measures taken to alleviate the situation of children in armed conflicts (document A/50/672); a final report on a comprehensive programme of action for the International Decade of the World's Indigenous People (document A/50/511); and another one on the progress made at the national, regional and international levels in accomplishing the objectives of the Decade (document A/50/565). (For background information on those reports, see Press Release GA/SHC/3325 of 17 November.)

Statement by High Commissioner for Human Rights

The High Commissioner for Human Rights, Jose Ayala Lasso, said that in the process of restoring peace and reconciliation in the former Yugoslavia, human rights played a role of great importance. However, the proper infrastructure needed to be established in the region in order for the process of reconstruction and reconciliation to be fruitful. His Office was prepared to make great efforts in the region, and he hoped for a spirit of cooperation, and not of competition, with other United Nations bodies.

Personal and direct contact with governments was essential in order to gain trust and ensure their support, he continued. The results of his dialogues had demonstrated the willingness of the international community to cooperate with his Office. He hoped for universal adherence to all international human rights instruments. Although there had been positive responses, in some cases he had not received the desired response, from States, he said, referring to the execution of Ken Saro-Wiwa and other political activists.

He spoke of the activities of his Office concerned with the implementation of the programme of the decade for education for human rights; the Decade of the World's Indigenous Peoples; and the Third Decade against Racism and racial discrimination. Noting that the Convention on the Rights of the Child had already been ratified by 181 States, he said that meant that more than 90 per cent of the world's children were being protected by the Convention. He also said the right to development should hold a very important place in all United Nations bodies dealing with human rights.

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Preventive actions against human rights violations was essential to avoid tragedies, Mr. Ayala Lasso said. National institutions were the best guarantee and the best instrument in the promotion and protection of human rights. The creation of a national mechanism that could make it easy to correct and punish abuses was essential. His Office was helping to create such mechanisms, which attached equal importance to economic, social and cultural rights. The protection of human rights was a fundamental requirement of the United Nations Charter and it was closely linked to peace, security and development.

The restructuring of the Centre for Human Rights had started last January and had recently ended, he said. As a result his Office and the Centre for Human Rights were an action unit; the High Commissioner was responsible for strategic planning in the field of human rights; the Assistant Secretary-General for Human Rights was under his authority; and team work was essential. Only a solid body could ensure the universal enjoyment of all human rights. The present structure of the Organization had been examined and a plan for change had been initiated. The Centre would have five branches: a collection and analyzing branch; one for technical support; a third for special procedures; a fourth for technical assistance and advice; and the fifth for activities on the ground.

He appealed to States to respond to the Secretary-General's call for a modest increase of financial resources for his Office in order to efficiently carry out his Office's mandates.

Dialogue With High Commissioner For Human Rights

The representative of Spain said that the High Commissioner had raised very important issues and asked how he viewed the role of human rights in the context of the former Yugoslavia, in the context of humanitarian activities to be carried out by the United Nations. Also, how did he view his activities in Rwanda in the next month given his previous call for resources? What was the overall policy for dealing with the question of human rights of women, including the question of violence against women.

The representative of Pakistan noted the emphasis on the right to development and said that mandates given to the High Commissioner were not being matched with adequate resources. He also spoke of the High Commissioner's visit to India and Jammu and Kashmir and asked how he intended to follow-up on that visit.

The representative of Ghana hoped that necessary resources would be provided for the High Commissioner to carry out his work. He asked if the report of the High Commissioner on the restructuring of the Centre for Human Rights would be made available to Member States.

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Mr. Ayala-Lasso said that he believed that activities in the field would play an important role in the United Nations efforts to promote human rights. Visible and permanent results could be achieved through such activities. On the former Yugoslavia, he was prepared to work in all areas where the contribution of his Office could be considered useful. If other organizations were prepared to work for human rights, that should be encouraged. His Office would work in the former Yugoslavia in so far as resources were available.

He said the operation in Rwanda had been financed basically through voluntary contributions. That had placed the programme in a situation of insecurity. He had therefore asked that it be financed through the United Nations regular budget. That request should be supported so that his Office could plan its activities in a timely and more effective manner.

On the human rights of women, he said that his Office had organized two forums to reflect on how to implement the Beijing Platform of Action. The concept of women's rights should be integrated into all agencies of the United Nations. Appropriate resources should be allocated to each agency. There was a need to fight against the traditional practices that affect the human rights of women. Violence against women was an endemic phenomenon in societies and State institutions, and that problem should be dealt with.

He said the right to development was one of the most important rights, and his Office had requested one of its branches to pay specific attention to that right. It had also contacted financial organizations and had received a positive initial response. His Office was also encouraged by the initial response from various institutions and States.

He agreed that new mandates for his Office should come with new resources, but pledged that he would not fail to do what he could, even without new resources.

He stated that he was following up all visits to different countries and he believed that the opening of dialogue should be continued with governments. In the case of India, he was keeping up dialogue and pursuing issues raised during his visit there.

His report to the Secretary-General on the restructuring covered in more detail the statement he had made before the Committee this afternoon, he said. It was his hope that a document would soon be made available to all. The report to the Secretary-General had identified 63 steps to be taken in five programmes for the restructuring. It was hoped that the last steps would be taken at the end of 1998.

The representative of India said she believed in the non-political nature of the High Commissioner's mandate. For that reason, he had been invited to visit her country. She underlined the technical assistance of the

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Centre, particularly in the education area. "All aspects of all violations of human rights by all parties should be addressed", she said.

The representative of Brazil said the High Commissioner's high profile mandate provided the United Nations with an efficient force in promoting and protecting human rights. He hoped for the strengthening of the preventive measures against human rights violations. He stressed the importance of the right to development and requested information on the Centre's advisory services and technical cooperation activities.

The representative of Iran asked about the Asia Pacific Seminar that was to take place in Nepal and wondered why the High Commissioner had not responded to the invitation to visit his country.

Mr. Ayala Lasso said he would always be impartial in his work. He had been following the situation in India and had said so to that Government. He considered the Centre's advisory services and technical cooperation of utmost importance. However, legislative measures requiring that type of cooperation were necessary. Reform of the police or education for human rights were most important areas of technical assistance. The Voluntary Fund for technical assistance needed $6 million to meet all the requests for cooperation. However, it now had only $2.5 million. "We want to have transparency and clarity in regard to the Fund", he said.

The budgetary restrictions of the United Nations had obliged him to postpone the Asia Pacific Seminar until the beginning of 1996, he said. He reiterated that he would be grateful for a visit to Iran and was waiting for a mutually agreeable time for his visit.

Other Statements

CHEDLIA BOUKHCHINA (Tunisia) said that since independence, her country had fought for the rights of children. Two-thirds of its population consisted of children and young people under the age of 28. Efforts had been made to protect that national treasure through public organs and institutions. Education alone currently took 25 per cent of the country's budget. Tunisia's efforts for the protection of the rights of children had borne fruit.

She said that a law on protection of children had been adopted by Parliament in October. It contained more than 130 chapters on the development of the rights of children. It also created new functions to protect children and set up a tribunal for children.

She stated that Tunisia was the fifth State to possess comprehensive legislation to protect children.

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EUGEN MIHUT (Romania) said the high incidence of private adoptions, arranged by various agents for biological and adoptive parents was of major concern. Those private arrangements precluded the adequate preparation of the child as well as the future parents. Decisions needed to be based on the interests of the child. Account must be taken, on a case by case basis, of the specific provisions of international and national instruments in the field of child protection. "Inter-country adoption should be done through specialized agencies with the legal experience and capacity for follow-up", he emphasized. Attention should be paid to the two Hague Conventions on Civil Aspects of Child Abduction, and the Inter-Country Adoption. Due to numerous problems in the past, his country had created a national committee for adoption. By law, any international adoption involving a child with Romanian citizenship could only take place through the Committee. Thus, any possibility for direct adoption from the families had been eliminated.

JAN ALI JUNEJO (Pakistan) said that in many developing countries, the lives of children were endangered at birth and, in some cases, before birth. In those countries, the high rate of maternal and infant mortality, malnutrition and the lack of adequate health care, as well as the lack of adequate education, violated children's rights. He called for more direct and forceful intervention strategies in regard to the sale of children, child prostitution and child pornography. The role of the media in disseminating crime, violence and sex could not be overlooked. The international community needed to actively support national efforts at the preventive, interventive and rehabilitative stages in order to guarantee respect for children's rights.

GUSTAVO PEDRAZA (Bolivia) said that a large part of his country's population was made up of descendants of an important indigenous Amazonic community. Bolivia had adapted its domestic legislation to respect the rights of indigenous people. Laws of popular participation and educational reforms had been enacted incorporating the indigenous people in decision making in matters affecting them. Bilingual education had also been established allowing the child to be taught to read and write in his or her native language.

He said that the situation of indigenous population was still a difficult one and stressed the significance of the declaration of the International Decade of the World's Indigenous People. The planning and implementation of the programmes of the Decade called for the cooperation and involvement of indigenous people. His country had established a national Committee for the Decade.

He affirmed Bolivia's intention to continue to work for those people who constituted the majority of its population. Bolivia also appealed for the support of the international financial institutions for that effort.

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PATRICIA ESPINOSA (Mexico) said that her country was among the first to ratify the Convention on the Rights of the Child. It had worked with several other nations to initiate the convening of the Children's Summit. The programmes that emerged from the Summit had been described as the most important ever in the area of child health.

Mexico had managed to be ahead of schedule in the attainment of their goals, she stated. Polio had been eradicated and death from diarrhoea had been reduced by more than one half. There had also been a substantial reduction in neonatal tetanus and an expanded vaccination programme was in place. Illiteracy had also been reduced.

There was still a great deal to be done in the areas of infant and pre- school child health, she continued. Maternal mortality remained high and there was still the problem of street children and children who lived in extreme poverty. The Government of Mexico organized periodic meetings to monitor progress in the achievement of the goals set out by the Summit. It was determined to fulfil its commitments.

EMILIA C. de BARISH (Costa Rica) said efforts needed to focus on a better interpretation of the provisions of the Convention of the Rights of the Child. Poverty was often to be blamed for the problems of child prostitution and child pornography. Migration, the disintegration of families and the destruction of values within societies were also to be blamed. The problem of the child soldier was also worrisome. And the problem of land-mines was of great concern. They were cheap to manufacture -- each one usually cost only $3 -- while the cost of deactivating them was $1000 per mine.

FAYSSAL MEKDAD (Syria) said his country exerted efforts at all levels to protect children and promote their welfare. It spared no efforts to provide services to children in the health, educational, cultural, social, recreational, sports, artistic, tourism and information fields. Child welfare constituted the main focus of Syrian family life. The State provided prenatal and postnatal health care for the child.

The State also accorded special attention to the problem of juvenile delinquency, he continued. It had enacted special legislation on procedures in juvenile courts and on the means of treating or protecting juvenile delinquents.

He said that as a result of Israeli occupation of the Syrian Arab Golan, tens of thousands of Syrians were forced to leave their land and move elsewhere in Syria. The main victims were women and children who suffered the dire consequences of disease, poverty and deprivation. Children living under the yoke of Israeli occupation were suffering the effects of occupation and terrorism. Israel had deliberately changed their educational curricula to obliterate their cultural and Arab identity. Israel also pursued subversive

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policies by closing schools and preventing students from continuing their education, thereby violating fundamental human rights as well as international conventions that regulate and safeguard the rights of civilians under occupation.

He stated that sons and daughters of the country's fallen soldiers attended schools built specially for them where they received all the services and care they needed.

ANDERS RONQUIST (Sweden), also speaking on behalf of the Nordic countries, said that it was unacceptable that many indigenous people were unable to enjoy their human rights and fundamental freedoms. It was essential that the international community be aware of the situation of indigenous people in order that the utmost be done to secure their enjoyment of human rights.

He said that solutions to the situations of the indigenous people should be based on full respect for their human, civil, cultural, economic, political and social rights. Non-discrimination and special measures leading to equal enjoyment of all human rights were the basis for the protection of all human rights of indigenous people. The standards on indigenous rights being elaborated by the working group of the Commission on Human Rights should promote peaceful and constructive solutions based on the principles of multicultural societies, inter-ethnic understanding and harmony and tolerance. Respect for the rights of indigenous people did not prejudice territorial integrity of States.

KABA CAMARA (Cote d'Ivoire) said extreme poverty and the decline in moral and spiritual values were to be blamed for many of the problems affecting children. Jobs needed to be created and economic and social infrastructures to be established in order to end the negative cycle of poverty.

Increasingly, mothers were becoming heads of households, she continued. Those women needed to be supported. Also, the positive role of religious leaders in societies could not be overlooked. Codes of conduct should be established, so that the media would not contribute to the moral degradation of society. Trafficking in children's organs should be severely punished as well as sexual tourism. She called for the creation of an international day for the girl child.

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