GOVERNMENT MINISTERS FROM PAPUA NEW GUINEA, TOGO INFORM COMMISSION OF EFFORTS TO PROTECT AND PROMOTE HUMAN RIGHTS

Press Release
HR/CN/730

GOVERNMENT MINISTERS FROM PAPUA NEW GUINEA, TOGO INFORM COMMISSION OF EFFORTS TO PROTECT AND PROMOTE HUMAN RIGHTS

GENEVA, 4 April (UN Information Service) -- Senior officials from Papua New Guinea and Togo told the Commission on Human Rights this morning of measures taken by their Governments to further human rights promotion and protection in their countries.

The Minister for Public Service of Papua New Guinea, Kilroy Genia, said that although his country already had an elaborate set of rights and freedoms enshrined in its national Constitution, the Government intended to establish a human rights commission with responsibility for investigating incidents, complaints or allegations of human rights violations. Referring to the situation in Bougainville, Mr. Genia said a series of activities and programmes that were to have been undertaken by the Transitional Government in that province had been thwarted by attacks from Bougainville Revolutionary Army militants.

Togo's Minister for Human Rights and Rehabilitation, Ephrem Seth Dorkenoo, said the establishment in October 1987 of the National Commission for Human Rights had been a decisive turning point in his country's struggle to achieve freedom and restore democracy. Underlining the importance of the assistance given to Togo for its construction of a genuine State of law, he thanked the United Nations Centre for Human Rights for the assistance it had rendered to the Togolese people.

The statements by the two Ministers came at the beginning of a meeting during which the Commission continued to hear statements on the human rights of all persons subjected to any form of detention or imprisonment. The representative of Norway said governments willingly endorsed campaigns against torture on the international level, while practising torture as a political tool at the national level. It was of utmost importance to exert international pressure upon governments that continued to practise or condone torture.

The representatives of Venezuela, Russian Federation, Chile, China, Belarus, Austria and Egypt also spoke. Observers from Norway, Costa Rica, Iran and the United Nations Joint Programme on HIV/AIDS participated in the

debate. The following non-governmental organizations also made statements: International Falcon Movement, Liberation, All Pakistan Women's Association, International Federation of Action of Christians for the Abolition of Torture, and the Women's International League for Peace and Freedom.

Statement by Minister for Public Service of Papaua New Guinea

KILROY GENIA, Minister for Public Service of Papua New Guinea, said that although his country already had an elaborate set of rights and freedoms enshrined in its national Constitution, Papua New Guinea had recently reached an important milestone. The Government intended to establish a human rights commission with responsibility for investigating incidents, complaints or allegations of human rights violations by individuals, groups or institutions; and for monitoring compliance with existing international human rights instruments. While it would have no power to prosecute, the commission would be able to intervene in court proceedings when human rights issues arose. An initial budget of $80,000 had already been earmarked for the initiative, with full funding expected by 1997.

Referring to alleged human rights violations in Bougainville, to be examined by the Commission later in its session, he said a series of activities and programmes that were to have been undertaken by the Transitional Government in the province had been thwarted by increased attacks by Bougainville Revolutionary Army militants. The Government had facilitated talks with Bougainville leaders under the auspices of the Australian Government, but the latest round of talks had not resolved anything substantive, except a pledge to continue the talks at the sub-leadership level prior to a major conference to be held in Bougainville some time this year.

The concept of a political settlement leading to full autonomy for Bougainville was very much alive, he continued. But the Government had been forced to spend resources on Bougainville which the country could ill-afford to divert from other vital services. The Government's efforts to resolve the crisis by peaceful means had been sabotaged by the Revolutionary Army. None the less, the Government fully intended to restore the rule of law and justice and public order. He appealed to all Members of the United Nations not to recognize or support independence for Bougainville.

He said he could confirm his Government's full cooperation with the Commission in addressing the issue of Bougainville and its willingness to assist wherever possible in the full realization of the Plan of Action of the International Decade for Human Rights Education at the national, regional and international levels.

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Statement by Minister for Human Rights of Togo

EPHREM SETH DORKENOO, Minister for Human Rights of Togo, said the protection and promotion of human rights presupposed the intellectual preparation of citizens. The efforts exerted by the Commission in that regard were encouraging. The Government of Togo was ready to cooperate with the Commission in all its undertakings.

He said the establishment in October 1987 of the National Commission for Human Rights in Togo had been a turning point in his country's struggle to achieve freedom and strengthen democracy. Togo attached much importance to human rights policies. Indeed, the progress achieved by Togo in the field of human rights had been noted by the Commission during its fifty-first session last year. Togo had opted to further develop its democracy under the guidance of human rights policies.

Togo had acquired much fruitful experience during its transition to democracy, he continued. It recognized that the creation of a State of law could not be achieved through tribal or ethnic struggle. The recourse to violence could not bring remedy to political problems. In order to achieve a genuine national reconciliation, the Government of Togo had signed an agreement with the United Nations High Commissioner for Refugees on 12 August 1995 concerning the voluntary repatriation of Togolese from Benin and Ghana. He thanked the Centre for Human Rights for the assistance it had rendered to the Togolese people.

Statements in Debate

YANETH AROCHA (Venezuela) said that misreading of one paragraph of his report might imply that Venezuela was not interested or had declined a visit by the Special Rapporteur on torture. In fact, a visit would probably take place in May. Since 1958, when a democratic regime was established in Venezuela, pursuit of and respect for human rights had been continuous, and there was extensive legal protection of human rights. A National Human Rights Commission had been established recently to, among other things, attempt to correct problems in the judicial and correctional systems. The Government admitted that there were problems and was attempting to resolve them despite severe and complex economic and social difficulties prevailing in the country.

BORIS S. KRYLOV (Russian Federation) said an independent and impartial judiciary was the cornerstone of human rights and democracy. Russia was setting up such a judiciary; laws based on international standards were already in place, and the Supreme Court had adopted a decree that international treaties signed by the Government took precedence over national laws when the two were in conflict. Efforts were being made to change conditions of punishment and imprisonment so that humane and modern methods were applied, and problems of overcrowded pre-trial detention centres were

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being addressed. But given current resources and an ongoing crime wave, overall reforms of the prison system would take time. His Government intended to keep the Special Rapporteur informed of reforms carried out.

JORGE BERGUÑO (Chile) said that following the return to democracy the Government of Chile had done as much as possible to eradicate practices that had existed during the years of dictatorship. Efforts had been made to prosecute whenever possible those accused of human rights violations. National legislation had been reformed, and Chile had joined the international movement to strengthen the machinery for the protection and promotion of human rights by cooperating with international monitoring procedures. Furthermore, Chile had played an active part in the Commission's working group charged with the task of drafting an optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to allow the independent inspection of places of detention. The Government welcomed the comments of the Commission's Special Rapporteur on torture, in particular his assessment of the Government's positive attitude with regard to human rights issues. The Special Rapporteur had noted, specifically, the absence of systematic torture and the prevalence of democratic values. A number of specific changes in criminal procedure now ensured the rights of the accused, confirming Chile's determination to work towards the full realization of human rights.

CHEN WEIDIAN (China) said the adoption and effective implementation of legislative, judicial and administrative measures by individual countries, in accordance with their specific conditions, was vital for the eradication of torture. The Chinese Government and judiciary attached great importance to the investigation and handling of cases involving torture. While strengthening the mechanism of mutual restraint and supervision by formulating and improving various rules and regulations on prevention of torture, every complaint of torture was dealt with promptly, and those found guilty were punished according to the law. The use of torture to coerce confessions and illegal detention were also dealt with in an earnest manner. With the amendment of its Criminal Procedure law, China had made significant progress in legislation pertaining to the protection of human rights.

STANISLAU S. AGURTSON (Belarus) said the Special Rapporteur's report on freedom of expression reflected the importance given to this human right by the international community; Belarus felt that the exercise of this right reflected the state of all human rights in a State. Belarus was taking necessary efforts at the national level to guarantee freedom of expression, which was guaranteed and protected by the country's Constitution. Some limits to the right were outlined therein, but they were limited to extraordinary circumstances. In February, a law on freedom of the press had been passed by the legislature, defining the rights and obligations of the mass media.

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HERALD KREID (Austria) said the question of juveniles in detention had emerged as major human rights concern over the last few years. In many countries, juveniles increasingly came into conflict with the law, and were confronted with law-enforcement systems which were insufficiently equipped, both in quality and quantity, to deal with the specific needs of juveniles. Austria welcomed the Plan of Action for the Rights of the Child recently presented by the United Nations High Commissioner for Human Rights. Close cooperation between the various United Nations offices and bodies was essential for the success of work in that area. In addition, it was of prime importance to raise public awareness on why juveniles came into conflict with the law. Austria had developed a promising alternative through which juvenile law-breakers were confronted with their victims so that they were encouraged to correct themselves. That had a positive impact on the juveniles, who became more conscious of the consequences of their misdeeds.

MOUNIR ZAHRAN (Egypt) said it was necessary to develop a clearly defined framework for the United Nations human rights machinery in order to conserve scarce resources, particularly those of the Centre for Human Rights and of the Secretariat. Preparations for the Vienna Conference had given rise to constructive proposals in this regard, notably that States parties should submit a single, comprehensive report covering all the positive and negative aspects of their commitment to human rights instruments and conventions. Since Egypt was party to 18 of these instruments, it would welcome such an initiative. Moreover, there was a need to streamline discussions; often there was overlap between human rights bodies. Such streamlining would prevent squandering of resources, particularly financial ones. At the same time, the financial crisis imposed on the United Nations should not be allowed to have any impact on the advisory services programmes or other related activities. As for reporting obligations, Egypt would continue to cooperate with all human rights experts who submitted questionnaires regarding the issues they studied. However, it was sometimes difficult to comply with time limits and deadlines, which should perhaps be purely indicative rather than mandatory.

SUSAN TIMBERLAKE of the Joint United Nations Programme on HIV/AIDS, said the Commission should pay attention to the rate of HIV/AIDS infection in prisons. The activities that led to the spread of the disease in prisons often led to problems. It usually was spread by sex and drug use, both of which were against prison regulations, so that the reaction was apt to be disciplinary rather than concerned with health measures. Often testing and handling of HIV/AIDS cases violated prisoners' rights to privacy and security of person; frequently, access to means of protection from the disease was not available to prisoners. Prisoners had the right to be provided the basic standard of medical care available in the community. Reality should take precedence over regulations -- condoms should be provided to prisoners; needle-exchange programmes should be set up; and ignorance about the disease should be overcome. The special needs of women, juvenile, and foreign prisoners also should be addressed.

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PETTER WILLE (Norway) said he shared the concerns voiced so far about the continued intimidation, harassment and use of violence against writers, press professionals, politicians and other persons seeking to exercise the right to freedom of opinion and expression. He condemned the death threat against British author Salman Rushdie; the threat was in violation of universally accepted principles of human rights and international law. As for torture, there was a universal awareness that torture was one of the most heinous violations of human rights. Governments willingly endorsed campaigns against torture on the international level, but the same governments often practised torture as a political tool at the national level. It was especially reprehensible when torture occurred systematically against criminal detainees and persons detained for political reasons in order to intimidate, punish or obtain confessions. It was therefore of utmost importance to exert various forms of international pressure upon governments that continued to practice or condone torture.

MANUEL B. DENGO (Costa Rica) said the proposed optional protocol against torture had first been suggested by Costa Rica, and it was coming closer to realization. Costa Rica felt the working group on the draft optional protocol had worked well and had made great progress. It should be emphasized that the optional protocol was intended to be preventive, to deal with existing conditions in prisons and to improve them. Therefore, it was important to have a financial mechanism behind the measure to help fund reforms under the protocol. Costa Rica felt it was vital to extend the mandate of the working group so that it could complete a second reading and make further progress.

SIROUS NASSERI (Iran) said the quest to promote religious tolerance and eliminate intolerance -- a noble objective in itself -- had gradually, and quite imperceptibly, given way to "intolerance of religion", to the point that concepts such as morality or spirituality, respected and revered throughout history and in all societies, were perceived and portrayed as bizarre. Within the broad framework of the current general anti-religious trend, Islam and Muslims were subject to another layer of enmity and hostility -- in the aftermath of the demise of the Soviet empire, Western strategists had invented a new enemy. Muslims who upheld their religion were depicted as fundamentalists, the mere label sufficing to automatically deprive the individual or group of individuals of all their basic human rights, including the right to freedom of thought and expression. Those who went out of their way to direct insult and profanity against Islam and what Muslims held in reverence were praised and celebrated.

HEDAYAT MATIN-DAFTARY, of the International Falcon Movement, said the Special Representative on Iran had pointed out that the legal, judicial and correctional services in any society usually offered a revealing look at the values placed upon human rights by the government of the State concerned. In Iran, scores of political prisoners were held for great lengths of time in pre-trial detention; torture was frequent; trials often were unfair;

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punishments were cruel and included crucifixion and the frequent imposition of the death penalty. Punishment against women for such offenses as not wearing Muslim dress included flogging and imprisonment, while criminal responsibility for children began at an unsuitably young age. On the other hand, security and Government forces literally got away with murder -- they functioned with impunity. Iran must be further pressured by the Commission, and those responsible for international terrorism must be extradited from Iran and brought to trial.

UMA BHUGTIAR, of Liberation, said her organization wished to express concern over the persistence of political and incommunicado detention and of torture in many countries around the world. In Bangladesh, people of the Chittagong Hill Tracts in Bangladesh who resisted the Government's enforced resettlement policies were detained and held incommunicado. People who had fled to India reported the use of torture during detention. In southern Pakistan, the Mohajer community faced considerable violations in the form of detention and torture. In Jammu and Kashmir torture had also been widely reported.

SHAMIM SHAWL, of the All Pakistan Women's Association, said she and her colleagues appeared before the Commission having buried more than 50,000 women and children in Jammu and Kashmir. She was not aware of how many children would be deprived of their fathers, nor of how many women who would be molested and raped there. Some 38,000 families had lost a "breadwinner". Kashmir was in turmoil. Since the last time she appeared before the Commission, the Indian war machine had grown. In addition to causing appalling destruction of property, the Indian administration had left Kashmir's economy in ruins and brought commerce and industry to a halt, thereby reducing the people to a life of untold misery.

VIOLETTA BARRIENTOS, of the International Federation of Action of Christians for the Abolition of Torture, said the increase and/or institutionalization of torture was caused by various factors, including abuse of states of emergency, such as was happening in the Peruvian Amazon; the existence of faceless courts and military courts, an excellent device for ensuring impunity, as occurred in Peru and Colombia; the absence of any explicit categorization of torture as a crime within the penal codes of a number of States; and legislation providing for impunity for those responsible for grave human rights violations such as torture and rape. Such legislation represented one of the main challenges before the Commission, which must firmly condemn it; otherwise, there would likely be more of it. Impunity might surface next, for example, in Rwanda and Burundi. Peru's legislation of this kind represented a dangerous precedent.

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MARYFRAN BARBER, of the Women's International League for Peace and Freedom, said her organization was concerned by the report of the working group on enforced disappearances, which recorded 36 cases of disappearances reported in Sri Lanka in 1995. Sri Lankan human rights organizations had also recorded an increasing number of disappearances in 1995, especially among Tamil youth. For example, in October 1995, the Human Rights Task Force, the body appointed by the State to look into cases of arrest and detention under the Emergency Regulations and the Prevention of Terrorism Act, had reported that they had received complaints regarding 35 cases of disappearance in the period from April to September 1995. While some of those cases may since have been clarified, the fact remained that structures conducive to disappearance were still in place in Sri Lanka. The appearance of over 15 dead bodies in and around Colombo in mid-1995 heightened fears that those abducted and regarded as `disappeared' were in fact being killed and their bodies disposed of.

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