HUMAN RIGHTS SITUATION IN IRAQ, HAITI, AFGHANISTAN, IRAN, FORMER YUGOSLAVIA, TOLD TO THIRD COMMITTEE BY SPECIAL RAPPORTEURS
Press Release
GA/SHC/3332
HUMAN RIGHTS SITUATION IN IRAQ, HAITI, AFGHANISTAN, IRAN, FORMER YUGOSLAVIA, TOLD TO THIRD COMMITTEE BY SPECIAL RAPPORTEURS
19951124 Human Rights Head Calls for Preventive Action, As Committee Begins Consideration of Human Rights Questions"While the Government of Iraq laments, let us be absolutely clear that it is the Government alone which is preventing the sale of billions of dollars of oil which could finance badly needed supplies of food and medicines", the Special Rapporteur on the situation of human rights in Iraq, Max Van der Stoel, told the Third Committee (Social, Humanitarian and Cultural), this morning, as it began consideration of human rights questions.
Mr. Van der Stoel said an oppressive atmosphere still prevailed in Iraq which tolerated no opposition. Cruel and inhumane punishments remained in force, which had been demonstrated by several victims who had been able to escape and had shown their burns and amputations. Unable to deny its own laws, the Government had admitted the existence of the barbaric decrees, but tried to justify them by saying that they were forced to maim people because of the sanctions against Iraq.
Drawing attention to the events of recent weeks when at least seven individuals had been killed in a wave of violence which followed the assassination of a supporter of President Aristide, the Independent Expert on Haiti, Adama Dieng, called for support for the reform of Haiti's judicial system. He said it was essential to implement the recommendations contained in his report in order to keep the situation in Haiti from escalating. A lack of trust in the judicial system had caused people to take the law into their own hands.
The Special Representative of the Secretary-General on internally displaced persons, Francis Deng, said that when a State lacked the capacity to ensure the protection and well-being of its people, the international community had the commensurate responsibility to hold the State accountable and to obtain access to provide the needed protection and assistance. The approach of the international community should address the three-prong issues of causes, consequences and remedies, and the themes of response should be prevention, protection and assistance.
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The Special Rapporteur on the situation of human rights in Bosnia and Herzegovina, Croatia, the former Republic of Yugoslavia, and the former Yugoslav Republic of Macedonia, Elisabeth Rehn, said there had been serious human rights violations committed during and after "Operation Storm" in Croatia. She was deeply concerned by the information which led to the conclusion that mass executions were carried out after the fall of Srebrenica. It was of utmost importance to clarify the fate of all those missing from Srebrenica as well as those reported missing throughout the course of the conflict.
Referring to the numerous human rights violations worldwide, the Assistant Secretary-General for Human Rights, Ibrahima Fall, called on the international community to set up a preventive policy with the same passion it demonstrated while the crisis existed. The international community needed to look at such preventive action as an investment and not wait for violations to reach the extreme stage of horror.
Also this morning, the Special Rapporteur on the situation of human rights in Afghanistan, the Special Representative on the situation of human rights in Iran and the Special Rapporteur on religious intolerance made statements.
Statements were made by the representatives of Afghanistan and of Spain (on behalf of the European Union, Bulgaria, Czech Republic, Cyprus, Slovak Republic, Estonia, Latvia, Poland and Romania).
The Committee will meet again at 10 a.m. on Monday, 27 November, to continue its consideration of human rights questions.
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Committee Work Programme
The Third Committee (Social, Humanitarian and Cultural) met this morning to begin its consideration of human rights questions, including the implementation of human rights instruments and alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms. The Committee will also examine human rights situations and the related reports of special rapporteurs and representatives. In addition, it will have a report of the Secretary-General on the comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action (still not available).
Under its sub-item on the implementation of human rights instruments, the Committee has before it the report on the Human Rights Committee (document A/50/40); the report of the Committee against Torture (document A/50/44); the report on the United Nations Voluntary Fund for Victims of Torture (document A/50/512); the Secretary-General's report on the status of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (document A/50/469); and the report on the status of the International Covenant on Economic, Social and Cultural Rights, and the Optional Protocols to the International Covenant on Civil and Political Rights (document A/50/472). (For background, see Press Release GA/SHC/3331 of 24 November.)
Under its sub-item on human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, the Committee has before it reports of the Secretary- General on the following: respect for the principles of national sovereignty and non-interference in the internal affairs of States in their electoral processes (document A/50/495); the effective promotion of the Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities (document A/50/514); human rights and mass exodus (document A/50/566); human rights and terrorism (document A/50/685); assistance to States in strengthening the rule of law (document A/50/653); the strengthening of the Centre for Human Rights (document A/50/678); and the geographical composition and function of the staff of the Centre for Human Rights (document A/50/682). The Committee will also examine a report of the United Nations High Commissioner for Human Rights on the plan of action for the United Nations Decade for Human Rights Education (document A/50/698). (For background, see Press Release GA/SHC/3331 of 24 November.)
Under its sub-item, on human rights situations and reports of special rapporteurs and representatives, the Committee has before it the report of the Secretary-General on rape and abuse of women in areas of the former Yugoslavia (document A/50/329). It follows General Assembly resolution 49/205 of 23 December 1994 in which the Assembly strongly condemned the continuing abhorrent practice of rape and abuse of women and children in the former
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Yugoslavia and placed great importance on the continuing investigation and prosecution of those criminal acts. It urged Member States to exert every effort to bring all persons who perpetrated or authorized crimes against humanity to justice. The Assembly requested the Secretary-General to submit an updated and substantive report on the issue of rape and abuse of women in the areas of armed conflict in Bosnia and Herzegovina, and on the measures taken towards implementation of the resolution.
According to the present document, reports of rape and sexual violence continued to be received, although to a lesser extent than earlier in the conflict. However, the international community needs to remain ever vigilant to ensure that the sexual atrocities against women, children and men do not reoccur on the scale reported in 1992 and 1993. Available information indicates that rape has been committed by all sides to the conflict. However, the largest number of reported victims have been Bosnian Muslims, and the largest number of alleged perpetrators have been Bosnian Serbs.
The Secretary-General states that the international community has responded to the need to investigate acts of rape in the former Yugoslavia through the activities of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the territory of the former Yugoslavia, the Commission of Experts established pursuant to Security Council resolution 780 (1992), and the International Tribunal for the former Yugoslavia. The activities of these bodies have been assisted by the work of many non-governmental organizations. Equally, the international community has sought to meet the physical and psychological rehabilitation needs of victims through the extensive action being undertaken by the European Community Task Force, United Nations Educational, Scientific and Cultural Organization (UNESCO), United Nations High Commissioner for Refugees (UNHCR), United Nations Children's Fund (UNICEF) and World Health Organization (WHO).
The Secretary-General concludes that it is not possible to establish the overall number of victims. Also, it is not possible to estimate how many are being assisted by rehabilitation projects, since many of the programmes do not explicitly target such case-loads or, in the interests of confidentiality do not keep records on them. Finally, even in cases where victims are being assisted, it is not possible to assess how much they are being helped at a personal level. Caution must be exercised in assuming that the needs of the victims are being adequately met. It is therefore hoped that the international community will continue to devote attention to this problem.
The note by the Secretary-General transmitting the periodic report of the Special Rapporteur on the situation of human rights in the former Yugoslavia is also before the Committee (document A/50/727-S/1995/993). It states that following the resignation of Tadeusz Mazowiecki, the Chairman of the Commission on Human Rights appointed Elisabeth Rehn as Special Rapporteur on the situation of human rights in the territory of the former Yugoslavia on
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27 September 1995. The primary aim of the Special Rapporteur is to present an objective and impartial assessment of the human rights situation in all countries covered by the mandate on the basis of first-hand information gathered during her missions to the region, as well as information collected by the field operation established by the Centre for Human Rights of the Secretariat in the former Yugoslavia.
In her report, the Special Rapporteur expressed particular concern regarding the freedom of the media in all countries covered by her mandate. Strict governmental control, particularly of the electronic media, exists both in the Federal Republic of Yugoslavia (Serbia and Montenegro) and in Croatia. She noted that, in Croatia, the ruling presidential party strongly dominates the mass media, especially with regard to the recent parliamentary campaign. She stresses the importance of strengthening the electronic media in Bosnia and Herzegovina.
According to the report, the Special Rapporteur in her first mission to the region visited Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro) -- the itinerary is contained in the report's appendix. After her visits, she concluded that the human rights situation in various regions of the former Yugoslavia gives reason for serious concern. Cases of mass killings of civilians, torture, other forms of harassment, looting of property, and the burning of houses are still being reported. A large number of people are unaccounted for and new cases of missing persons have been reported. More and more people are fleeing their homelands. Children are one of the most vulnerable groups affected by the conflict.
The Special Rapporteur states that in Bosnia and Herzegovina, of particular and immediate concern is the fate of the approximately 8,000 Bosnian Muslims, mainly males, from Srebrenica who are still unaccounted for. There are strong indications that the majority of these people have been victims of mass killings by Bosnian Serb forces which occurred after the fall of the "safe haven" of Srebrenica. Also, there is ongoing persecution and harassment of the remaining Bosnian Muslim and Bosnian Croat minorities in Banja Luka and other areas controlled by the Bosnian Serb forces. Many Bosnian males are unaccounted for following the recent expulsions from north- western Bosnia and Herzegovina.
Also, the report states that serious human rights violations and violations of humanitarian law were perpetrated by members of the Croatian army during and after their military operation in the former sectors North and South in Croatia. The fate of the remaining Serb population, which is composed mainly of disabled and elderly people, is of particular concern. Their basic human rights have been consistently violated. The Croatian authorities bear full responsibility for this situation. In addition, the humanitarian situation of approximately 25,000 Bosnian Muslim refugees from
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the Velika Kladusa region is extremely difficult. Proper conditions for their return have not been created by the responsible authorities of Bosnia and Herzegovina. Neither has the Government of Croatia provided for adequate living conditions while they are stranded as refugees on Croatian territory. The Federal Republic of Yugoslavia is facing serious humanitarian problems, owing to the influx of over 100,000 refugees from Croatia.
The Special Rapporteur goes on to recommend that the respect for human rights should be given priority during and after the peace negotiations. Without genuine improvements in the human rights situation in the former Yugoslavia, any peace agreement will not have a solid foundation. In this regard, UNHCR should receive all necessary support and financial resources to create an adequate monitoring mechanism and to develop required advisory service and technical assistance programmes. Also, the children of the former Yugoslavia should be the first priority of all concerned parties. All the countries in the region, being parties to the Convention on the Rights of the Child, should strictly implement the provisions to which they are bound.
Also before the Committee is the report on the situation of human rights in the territory of the former Yugoslavia (document A/50/296-S/1995/801). It states that the de facto Bosnian Serb authorities are very close to attaining their apparent aim of achieving "ethnic purity" in a territory under their control. Non-Serbs have been subjected to unrelenting terrorization and discrimination. Also, the increased operations of so-called criminal gangs in Banja Luka area must be noted. Those gangs operate in a paramilitary style and one of their purposes appears to be to carry out "ethnic cleansing" without directly implicating the authorities. Nevertheless, a large amount of evidence suggests that the de facto authorities are personally and directly responsible for the massive human rights abuses which have taken place in northern Bosnia and Herzegovina.
According to the report, the Special Rapporteur calls upon the responsible authorities to cease immediately all practices of "ethnic cleansing", to provide adequate protection to all groups subjected to discrimination in the Banja Luka region and to facilitate the restitution of property. Furthermore, he urges that all those responsible for crimes be brought to justice and that conditions be created for the return in safety and dignity of all displaced persons and refugees. He also calls upon the international community to exercise all possible pressure to obtain access of United Nations civilian police (UNCIVPOL) officers and human rights monitors to territories controlled by the Bosnia Serb authorities.
The Committee also had before it a note by the Secretary-General on the implementation of the Declaration on the Elimination of All Forms of Religious Intolerance and of Discrimination Based on Religion or Belief (document A/50/440) by which he transmits an interim report by the Special Rapporteur of the Commission on Human rights, in accordance with General Assembly resolution
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49/188 of 1994. The interim report reviews action taken in the implementation of the Declaration and includes a table detailing the status of communications since the establishment of the mandate of the Special Rapporteur by the General Assembly on 10 March 1986, when it decided by resolution 1986/20 to appoint for one year a special rapporteur to examine incidents and governmental actions in all parts of the world consistent with the provisions of the Declaration, and to recommend remedial measures. It said that from the establishment of the mandate until February 1995, more than 267 communications were sent to more than 74 States.
The report said that the implementation of the Declaration was inseparable from the general question of respect for all human rights, which could not be truly promoted in the absence of democracy and development. Action to promote human rights must involve measures to establish, strengthen and protect democracy as an expression of human rights at the political level, and measures to contain and progressively eliminate extreme poverty and to promote the right of individuals and peoples to development as an expression of human rights and human solidarity in the economic, social and cultural areas.
In the report, the Special Rapporteur recommended that places of worship should be reserved for religious rather than political purposes and should be protected from political tensions and conflicts. He also recommends that the school system be sheltered from political and ideological interference, saying that education can make a decisive contribution to inculcating values pertaining to human rights and the development of tolerant and non- discriminating attitudes and behaviour. The Special Rapporteur stressed the importance of prevention in the effort to end intolerance and discrimination, hatred and violence, including violence motivated by religious extremism. The elaboration of an international convention on the elimination of all forms of intolerance and discrimination based on religion or belief was a necessary but premature step. An international policy of tolerance, associated with the development of a culture of tolerance, in teaching, the mass media and religious education, should be established instead.
A note by the Secretary-General (document A/50/567) transmits an interim report on the situation of human rights in Afghanistan, prepared by the Special Rapporteur of the Commission on Human Rights. At its fifty-first session, the Commission on Human Rights decided, by its resolution 1995/74 of 8 March 1995, to extend the mandate of the Special Rapporteur for one year, an extension which was approved by the Economic and Social Council in its decision 1995/285 of 25 July 1995. He visited Pakistan on 25, 30 and 31 August 1995 and Afghanistan from 25 to 29 August 1995.
The new Special Rapporteur on the situation of human rights in Afghanistan was appointed in April 1995, the report states. Although visits to Kabul, Jalalabad and Mazar-i-Sharif took place as scheduled, the Special
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Rapporteur was unable to acquaint himself with the situation as it exists in the south-western and some central parts of Afghanistan.
The mediation efforts by the United Nations to assist in arriving at a peace accord were once again resumed on behalf of the Secretary-General, the report states. As a result of intensive consultations on the peace efforts with all political parties and discussions with foreign representatives, it was announced by the Special Mission that under an agreement with all parties involved, a broadly based mechanism for the transfer of power was expected to be convened before 20 February 1995. This was to be followed by the establishment of a country-wide cease-fire.
The report said that the Special Mission continued its efforts in Kabul to negotiate a peaceful transfer of power with the different political parties in Afghanistan, including the Taliban. Although a major part of Afghanistan is peaceful and there is a relative stability in the country not witnessed for many years, the more than 16 million people of Afghanistan are struggling to survive. Efforts by United Nations bodies and non-governmental organizations are directed towards strengthening the peace process by implementing plans and incentives for rehabilitation and reconstruction at the district level without waiting for a permanent solution.
According to the Human Development Index, Afghanistan is the third poorest country in the world, the report states that only a small minority of Afghans have access to safe water, sanitation, health care and education. Afghanistan has the second highest infant mortality rate in the world at 164 per 1,000 live births. Afghanistan is the most densely mined country in the world with 10 per cent of the estimated 100 million mines laid in 64 countries of the world. The mine clearance programme is therefore of the utmost significance for the people of Afghanistan.
The report states that voluntary repatriation, with the assistance of UNHCR, continues, especially to the areas which are not affected by the civil war. It is estimated that 500,000 persons from Iran and 200,000 from Pakistan would be returning to Afghanistan during the course of this year. During his brief visit to some limited areas of Afghanistan and Pakistan, the Special Rapporteur held meetings and interviews with about 100 people ranging from political leaders and prominent intellectuals to ordinary families who were staying in refugee centres.
Despite sporadic disturbances, peace is gradually gaining ground in Kabul and other areas controlled by local authorities, the report states. In the Kabul area, some people were seen to have rebuilt their houses as part of an effort to reconstruct their war-torn society. The Special Rapporteur witnessed that the educational institutions have resumed their activities. In the meantime, human suffering of considerable gravity persists in the form of murder, disappearances and infliction of conditions that cause physical
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destruction. The presence of widely scattered land mines, especially in residential areas, poses an imminent and grave danger to the right to life. Some returnees had been forced to go back to the refugee camps owing to fear of land mines.
According to the report, the lack of a central Government poses extreme difficulty and complexity in redressing human rights violations as required by the rules of international law. The collapse of an impartial judicial system prevents the administration of justice. The administration of justice remains largely at the discretion of local authorities through a system of indigenous regulation which has religious overtones. Private vengeance at the level of families and tribes is not rare and the situation has been exacerbated by the long armed conflict.
A note by the Secretary-General, on the situation of human rights in Southern Lebanon (document A/50/662), states that a note verbale was sent to the Minister for Foreign Affairs of Israel. No reply had been received at the time of the preparation of the present report.
The situation of the human rights in Iran is reviewed by another note of the Secretary-General (document A/50/661) which contains the interim report of the Special Representative on that issue. On 23 December 1994, the General Assembly adopted a resolution deciding to continue the examination of the situation of human rights in the Islamic Republic of Iran, including the situation of minority groups, such as the Baha'is. The General Assembly expressed its concern at the main criticisms of the former Special Representative in his recent reports with regard to the human rights situation in Iran. The Permanent Representative of Iran to the United Nations Office at Geneva transmitted three communications dated 8 May, 23 May and 30 June 1995 to the Special Representative, giving replies to some of the allegations contained in the previous interim and final reports of the Special Representative.
According to the report, since Mr. Galindo Pohl's final report to the Commission on Human Rights earlier this year (document E/CN.4/1995/55), a significant number of communications had been sent by the Government of Iran to the Special Representative. Others came from non-governmental organizations, groups and individuals within and outside Iran. Those communications reflect important concerns and will need careful scrutiny. Also high on the Special Representative's priority list is a visit to Iran. In a meeting with the Permanent Representative of Iran to the United Nations Office at Geneva on 4 September 1995, the Special Representative made a request for such an invitation. He subsequently repeated this request by letter dated 6 September 1995. As of the date of the report, the Special Representative has not received a reply to his request for a visit. At this stage, the Special Representative considers that he is not in a position to discuss questions of substance in this report.
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Also before the Committee was a note by the Secretary-General on the situation of human rights in Haiti (document A/50/714) by which he transmitted the report and recommendations of the independent expert, Adama Dieng, on the situation of human rights in Haiti, prepared in accordance with Commission on Human Rights resolution 1995/70 of 8 March 1995 and Economic and Social Council decision 1995/281 of 25 July 1995.
In that report, the independent expert presented a preliminary overview and recommendations on the situation of human rights in Haiti subsequent to his first mission to Haiti from 23 September to 6 October 1995 and the discussions he was able to hold in neighbouring countries.
The report stated that the situation of human rights in Haiti has improved considerably since President Jean-Bertrand Aristide returned in October 1994 but that the common crime rate has skyrocketed. There had been a number of murders which did not have any obvious economic motive. The fact that the Haitian police lacked both expertise and equipment was hampering the effective investigation of most of those killings.
It stated that pre-trial detention was the rule rather than the exception and contributed to overcrowding in the prisons, where 85 per cent of the inmates were awaiting trial. Although there was a real desire to prosecute those responsible for violating human rights, that tended to be thwarted by the inefficiency of the judicial system and the fact that some judges were afraid to prosecute former members of the military.
The report also reviews the work of the National Commission of Truth and Justice, the efforts to rehabilitate Haitian women who, although no longer victims of political violence, still suffer from domestic violence, and the situation of children who work as servants.
It said that the validity of the elections of 25 June 1995 was not in question despite many irregularities. However, ways must be found to guarantee all the transparency required for the presidential elections. There should also be support for the programme of technical cooperation with the Haitian Government prepared by the Centre for Human Rights which aims at increasing the ability of official bodies to intervene in the human rights area. That programme should stress the provision of advisory services concerning legislative reform, training for justice administration personnel, and human rights education for young people and underprivileged groups.
The independent expert recommended that political killings be thoroughly investigated and measures taken as a matter of urgency to reduce overcrowding in the prisons. Judges from countries following the French legal tradition could be sent to Haiti to work with Haitian judges to help them conduct the triage of cases and issue verdicts on the least serious offences whose perpetrators are being held pending trial.
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He also called for funds for the budget of the National Commission of Truth and Justice, and support for the ongoing process of judicial reform while also recommending that the Special Rapporteur of the Commission on Human Rights on violence against women should accept the invitation of the Haitian Government to visit Haiti before the fifty-second session of the Commission.
In addition, the aptitude and independence of the government commissioners appointed by the illegal governments should be evaluated, retraining should be organised for judges and government commissioners and the Basic Principles on the Independence of the Judiciary should be incorporated in the future judiciary regulations.
Also, he states that the United Nations Mission in Haiti (UNMIH) civil police should remain in Haiti with a maximum of 300 police officers for a minimum period of five years and the mandate of the International Civilian Mission in Haiti (MICIVIH) should be extended as its presence in Haiti will help to strengthen the technical capacity of governmental and non-governmental Haitian entities in the area of human rights.
Statement of Assistant Secretary-General
IBRAHIMA FALL, Assistant Secretary-General for Human Rights, in an introductory statement, said that activities set up to ensure implementation of international human rights instruments had been fruitful this year. A number of States had recently become parties to first and second optional Protocols relating to the Covenant on Civil and Political Rights. Although those ratifications marked a step toward the universal ratification of those instruments, the objective of globalization remained far from being reached. Regional studies and seminars were being held to study the difficulties that States might encounter in the ratification of the instruments.
He said that since 1993, the Human Rights Committee had developed its jurisprudence with regard to article 14 on fair procedures and with regard to right to life and extradition to State parties where capital punishment was applicable. Several domestic tribunals and courts had begun to apply the recommendations of the Committee in their activities. The Committee on Civil Rights had also carried out a mission to Panama to help it explore new ways and means of the implementation of economic social rights, particularly the right to housing. The report of that mission had been transmitted to the Government of Panama.
He said that the Committee against Torture held its thirteenth and fourteenth sessions where it considered reports submitted by 11 states and examined 19 individual reports.
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Turning to the International Convention for the Protection of the Rights of Migrant Workers and Members of Their Families, he said that only five States had ratified or acceded to it and only two States had signed. That instrument would enter into force when 20 have acceded to or ratified it.
He stated that internally displaced persons now totaled approximately 30 million worldwide. With the proliferation of armed conflict, mass exodus was now on the agenda in many countries. A fairer sharing of the burden arising from such mass exodus was a task that all must undertake.
Mr. Fall said that United Nations Human Rights organs had paid great attention to bio-ethics. The advances in science and technology were not an end in themselves, rather man must be the beneficiary of technological and scientific advancement. The advisory services of the Center for Human Rights could help governments in the areas of right to development. Also, reciprocal exchange on the right to development could be set up among States.
Turning to the issues of victims of violations of human rights, he stated that the slowness in dealing with human rights violations meant that the international community must act quickly. Such action should focus on a preventive approach. The international community should look at such preventive action as an investment. It should not wait for violations to reach the extreme stage of horror. It was desirable that the international community should try and set up a preventive policy with the same passion it demonstrated while the crisis existed.
He stated that the gap between some human rights norms and the practical implementation of human rights instruments explained why the Human Rights Commission set up some extra-conventional procedures. The number of those extra-conventional procedures was proof of the worsening obstacles to fundamental rights. The procedures allowed for urgent action when fundamental rights were violated and allowed for impartial information and objective investigations.
Special Rapporteur on Situation of Human Rights in Iraq
MAX VAN DER STOEL, the Special Rapporteur on the situation of human rights in Iraq, said that country had demonstrated little indication that it was ready to change its policies. It seemed more interested in speaking about the economic sanctions. While there were hundreds of pages on human rights violations, the Government was only addressing the food shortage. The persistent behaviour of the Government had added credibility to the accusations. Cruel and inhumane punishment remained in force. "There is no excuse for torture or cruel punishment", he emphasized. Several victims had
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escaped Iraq to show their burns and amputations. Unable to deny its own laws, the Government had admitted the existence of the barbaric decrees, but tried to justify them. "They say, in a perverse argument, that they are forced to maim people because of the sanctions", he said.
The Government had stated that it had proclaimed amnesty laws, he continued. However, the disfigured survivors of those brutal acts were living proof to the contrary. Several such persons had escaped Iraq to show their brands and amputations. In regards to amnesty laws, they "contain several conditions and exclusions and apply only to persons formally convicted and sentenced", he said. In addition, they applied only to Iraqi citizens. Amnesty was not abrogation. International law and basic human decency demanded that those abhorrent decrees be abrogated, he emphasized.
An oppressive atmosphere still prevailed in Iraq which tolerated no opposition, he went on. Furthermore, the death penalty for anyone insulting the President had been put into place. In refusing to cooperate with the United Nations, the Government lamented that it was not being trusted by the international community. "While the Government laments, let us be absolutely clear that it is the Government alone which is preventing the sale of billions of dollars of oil which could finance badly needed supplies of food and medicines", he stated. Iraq should be held responsible for a gross violation of its human rights obligations affecting millions of innocent people.
Special Rapporteur on Situation of Human Rights in Afghanistan
CHOONG-HYUNG PAIK, the Special Rapporteur on Afghanistan, said a million people had been displaced and over 2 million had been disabled. Human suffering continued in the form of mass killings and disappearances. Despite the heroic operation of numerous non-governmental organizations, the presence of land-mines caused great danger in the lives of the people. Furthermore, there was a lack of sanitation and other basic needs. The arbitrary administration of justice also continued, as well as illegal activities such as arms dealings, export of cultural patrimony and drug trafficking. "The international community bears a moral obligation to the victims of the Afghan conflict", he said.
Minimum requirements of basic needs were necessary for the 200,000 displaced persons in Jalabad and for the millions of refugees, he continued. The international community needed to cooperate to aid in the process of land clearance, repatriation, health-related assistance and other rehabilitation programmes. Also, in view of the fact that Afghanistan was becoming the world's largest opium producer, appropriate international measures were needed in order to prevent such activity. In addition, the practice of recruiting minors should be banned.
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He called on the United Nations' relevant organizations to collect, analyse and disseminate field information. He also called on all governments and local authorities in Afghanistan to continue to facilitate the on-site vigilance for the respect of human rights. He announced that he would visit that country in the future.
ELISABETH REHN, Special Rapporteur on the situation of human rights in Bosnia and Herzegovina, Croatia, the former Republic of Yugoslavia, and the former Yugoslav Republic of Macedonia, said that she conducted her first mission to the region in October to introduce herself and to give assurance that she would be objective and impartial. She had been offered full cooperation by all relevant authorities.
She said that there had been serious human rights violations committed during and after Operation Storm in Croatia. She was deeply concerned by the information which led to the conclusion that mass executions were carried out after the fall of Srebrenica. Thousands of people remained unaccounted for. It was of utmost importance to clarify the fate of all those missing from Srebrenica as well as those reported missing throughout the course of the conflict. The human rights situation in the Banja Luka region continued to be very serious and immediate steps were required to offer protection to the non- Serbian population in the area.
She said that it was of utmost importance to break the spiral of hatred in order to be able to look to the future and find the strength and determination to prevent new crimes. The time had come when political statements without real action were meaningless. Now was the time to undertake real efforts to promote a respect for human rights all over the world and in the former Yugoslavia. Those efforts must consist of solid financial support for the work of those prepared to work in the field.
Statement by Special Representative on Human Rights Situation in Iran
MAURICE COPITHORNE, the Special Representative for Iran, said that since the final report of his predecessor a significant number of communications had been received by the Centre for Human Rights on the situation in Iran. A visit to Iran was high on his priority list. However, he had not received an invitation from that country yet. He believed he was not in a position to discuss questions of substance at this time, but looked forward to making a substantive report to the Commission next spring. To that end, he was currently holding consultations in New York, and would also hold them, next month, in Geneva.
FRANCIS M. DENG, Special Representative of the Secretary-General on internally displaced persons, said that response to displacement caused by internal conflicts, communal violence and systematic violations of human rights was usually complicated by the cleavages involved. Those cleavages
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often took the form of identity crisis whether based on race, ethnicity, religion, culture or class. That meant that governments or other controlling authorities concerned and the affected population identified themselves in divisive terms that undermined solidarity of support.
He said that internal displacement was primarily an internal affair which fell within the domestic jurisdiction and sovereignty of the State concerned. However, when a State lacked the capacity to ensure protection and well-being of its people, then the international community had the commensurate responsibility to hold the States accountable and to obtain access to provide the needed protection and assistance. The approach of the international community should address the three-prong issues of causes, consequences and remedies. The themes of response should be prevention, protection and assistance and a secure process of return, rehabilitation, reintegration and sustainable development.
He said that it was important to remember that behind statistics, concepts and operational schemes were individual human beings who were hidden away from the limelight of international media attention and who were suffering silently in degrading isolation. Their only hope was a global respect for a universal notion of human dignity, even if expressed in terms of the minimum requirements of life. Humanitarian and human rights should, as such, be seen as intimately connected and dialogue on those issues with governments and other actors should be seen as a matter of great importance and urgency.
Special Rapporteur on Religious Intolerance
ABDEL FATTAH AMOR, Special Rapporteur on religious intolerance, said the increasing number of more specific resolutions on that topic had contributed to the creation of a "new state of mind" in regard to a new interaction between States. That change had increased his collaboration with States. He was pleased with the current great will for a dialogue. Thanks to the international community and the non-governmental organizations, a truly international public opinion against religious intolerance had increased.
Since the first report on religious intolerance in 1988, 74 States had received communications, he continued. Of the 74 States, 23 never responded. The annual average of communications received was 26. The ratio of responses to questions was 23 per cent and 81 per cent. However, what reached the Special Rapporteur seemed "the visible part of a larger and less visible whole". The violations committed were mostly against the physical integrity of the individual. Furthermore, no religion seemed immune to violations. In addition, southern States were affected the same way as northern ones. Christianity had been the most affected religion.
Third Committee - 16 - Press Release GA/SHC/3332 38th Meeting (AM) 24 November 1995
His mandate would get nowhere as long as there were not appropriate resources available. There was still no universal religious freedom. Religious extremism was growing. Hatred, motivated by religious extremism, could threaten peace and international security and greatly affect human rights. A minimum of common rules and principles towards religious extremism were necessary. "It is in the minds of men that all forms of intolerance and discrimination are born", he emphasized. For that reason, the role of education and of the schools was essential. He hoped schools would respond to the questionnaires sent to them. Religious intolerance was an insult to the intelligence of man and to the wisdom of God, he concluded.
ADAMA DIENG, Independent Expert on Haiti, said that his report outlined the successes achieved in Haiti since the return of President Jean-Bertrand Aristide. It also detailed the failings in the judicial system. Haiti must commit itself more to rebuild a state of law. The country was now attempting to restore the primacy of the law. The return of President Aristide had resulted in constitutional reforms which sought to correct the situation created by three years of military rule.
He said that violations of human rights had diminished greatly but had given way to other types of crime. Shortcomings of the judicial process were crippling the country, but the Government had committed itself to judicial reform. Support must, therefore, be given to that reform effort. Magistrates in Haiti were afraid of sentencing members of the former military regime because of fear of reprisals, following the departure of the United Nations troops. Also, a lack of trust in the judicial system had caused people to take the law into their own hands. Recently, however, those acts had been tempered because of the presence of the United Nations troops.
He stated that the Haitian judicial system was lacking everything from personnel to strength and honesty. There must be new magistrates and new commissioners. Also, the culture of impunity should be made a thing of the past.
He said that events in recent weeks had seen a wave of violence on the streets following the assassination of a supporter of President Aristide. At least seven individuals had been killed and several others injured since that assassination. There were still a lot of weapons floating around in Haiti.
He said that it was essential to implement the recommendation contained in his report in order to keep the situation in Haiti from escalating. The situations in the prisons still remained below standard.
Third Committee - 17 - Press Release GA/SHC/3332 38th Meeting (AM) 24 November 1995
Other Statements
RAVAN FARHADI (Afghanistan) said the Special Rapporteur on the situation of human rights in his country had been able to accurately analyse his observations and to give very valid recommendations. The Rapporteur's viewpoints had been very objective and logical after his July visit. A future visit to his country would be important to check what was happening in the cities outside the capital where the situation of women and children had been greatly affected. In addition, in the western part of his country, a number of women teachers and professors were not allowed to leave their homes and go to work. He hoped that the text on human rights in Afghanistan -- drafted by Italy -- would be approved by the Committee by consensus. He regretted that the former Rapporteur, Ama Cora, of Austria, had passed away last spring.
ALVARO RODRIGUEZ (Spain), also speaking on behalf of the European Union, Bulgaria, Czech Republic, Cyprus, Slovak Republic, Estonia, Latvia, Poland and Romania, expressed particular concern about the abundant use of reservations by States acceding to the various international human rights instruments. Those reservations were aimed at excluding the applicability of provisions that were the core of an instrument, or at accepting obligations only if they were consistent with domestic legislation. At their most extreme, such reservations were incompatible with the purpose of the instrument concerned and as such were not acceptable under treaty law.
He said that the significance of national and regional particularities and various historical, cultural and religious backgrounds should not be invoked to undermine the universality of human rights instruments. Reservations were not meant to be an expedient way for acquiring international respectability by purported adherence to a treaty while ignoring in practice most of its obligations. States that had made reservations should regularly consider the possibility of withdrawing them or further limiting their scope.
He applauded the continuing efforts of the High Commissioner for Human Rights to improve coordination and cooperation between monitoring mechanisms, including Special Rapporteurs, as well as between them and the United Nations as a whole. Follow-up action by United Nations bodies and national authorities on recommendations and conclusions from the treaty-monitoring bodies was essential. Programmes of technical assistance could play a vital role in that regard and would benefit from close cooperation among all relevant mechanisms and actors, including non-governmental organizations.
The European Union supported the efforts undertaken by the High Commissioner for Human Rights to ensure that the specialized agencies and international organizations played an active role in providing support for actions of treaty-monitoring bodies. The role of UNICEF vis-a-vis the Committee on the Rights of the Child was a case in point.
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