HIGH COMMISSIONER FOR HUMAN RIGHTS TELLS COMMISSION HUMAN RIGHTS MORE THAN EVER CENTRAL TO UN AGENDA

Press Release
HR/CN/732

HIGH COMMISSIONER FOR HUMAN RIGHTS TELLS COMMISSION HUMAN RIGHTS MORE THAN EVER CENTRAL TO UN AGENDA

GENEVA, 9 April (UN Information Service) -- Human rights were now, more than ever, a central issue of the United Nations agenda, the basic link that held together peace and development, the United Nations High Commissioner for Human Rights, José Ayala Lasso, said this morning before the Commission on Human Rights.

Presenting a report on the follow-up to the 1993 World Conference on Human Rights entitled, "Making Human Rights a Reality", the High Commissioner said that while significant progress had been made in the past five decades in setting international norms and standards of human rights, "the time has now come to make human rights a reality for people everywhere".

The High Commissioner told the Commission that its action could greatly facilitate the ability of the United Nations to achieve that objective and that fundamental vision should inspire the work of the Commission. His work remained focused on rendering international human rights norms more operative and the action of the United Nations Secretariat more responsive to meeting that objective. "A formidable challenge still lies ahead", he said. "We need a more substantive commitment to human rights and perhaps less formalism. We need better dialogue among the relevant parts of the international system, both within and outside the United Nations, to back up our intentions and aspirations in the field of human rights."

Mr. Ayala Lasso recalled that the amount of regular budget funding for activities in the human rights field was little more than 1.5 per cent of the total budget of the United Nations. In order to cope with present requirements, he said, a yearly fund of $25 million would be necessary. He appealed to Member States to show support for the cause of human rights through generous support.

Also this morning, the Commission continued its general debate on the question of the human rights of all persons subjected to any form of detention or imprisonment. Under that item, the Commission heard from its Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, who introduced his latest report, which included details of

his visits to the Republic of Korea and Iran. Special Rapporteur Abid Hussain said he welcomed the release of a number of detainees about whose fate he had previously inquired. He was also pleased to report that he had witnessed a greater willingness on the part of the Government of Iran to accommodate considerations on the promotion and protection of the right to freedom of opinion and expression and to encourage a dialogue on those matters.

Participating in debate were delegates from the Republic of Korea, Netherlands, India, Peru, Uganda, Indonesia, Senegal, South Africa and Saudi Arabia. Also, the non-governmental organizations Afro-Asian People's Solidarity Organization, International Prison Watch and World Alliance of Reformed Churches took part in the discussion.

Statement by High Commissioner for Human Rights

JOSE AYALA LASSO, United Nations High Commissioner for Human Rights, presenting his report on the follow-up to the 1993 World Conference on Human Rights, said that looking back at the past 50 years, human rights were now, more than ever, a central issue of the United Nations agenda, the basic link that held together peace and development.

He said that while significant progress had been made in the past five decades in setting international norms and standards of human rights, "the time has now come to make human rights a reality for people everywhere". The Commission's action could greatly facilitate the ability of the United Nations to achieve that objective and that fundamental vision should inspire the work of the Commission. To facilitate the accomplishment of that aim, changes in procedures and orientation were necessary. Resolutions must be more result-oriented in their operative parts, so that there could be measurable progress from one year to another upon which to build.

He said condemnation of human rights violations should not be an end in itself, but part of the process of identifying durable solutions to human rights problems. Those solutions might entail action by the United Nations for which corresponding financial resources must be provided. The recent resolution on Burundi, adopted by consensus without financial implications, was an example of what could be done differently. Ideally, resolutions in their operative part might analyse and clarify some pertinent questions. For example, had durable solutions been considered and what was being budgeted for those actions?

Referring to the right to development, he said he was pleased to report that the determination to promote that right was now reflected by the fact that one of the branches of the Centre the for Human Rights would be substantially in charge of this area.

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According to the High Commissioner, the world picture of human rights violations continued to show inexorably the same patterns and trends: people were massacred, summarily executed, arbitrarily detained, tortured, disappeared or suffered discrimination because they claimed their fundamental rights or merely because they belonged to a particular ethnic or social group. Those trends showed no signs of diminishing, he said. Furthermore, impunity was taking root in many parts of the world. Those responsible for the executions, tortures or arbitrary detentions continued to be free.

More than one person out of fifty in the world had been forced to abandon his or her home because of war, lack of guarantees for their fundamental rights, the destruction of their natural environment or the collapse of the economic and social conditions which provided for their needs, he added. In the context of human rights, the discipline of early warning was an important tool to alert concerned States and the international community about potential crises.

The resources approved in the regular budget for the Centre for Human rights represented the minimum necessary to carry out mandated activities, he said. Those resources had been reduced by $2.9 million in February. At present, the amount of regular budget funding was little more than 1.5 per cent of the total budget of the United Nations. That corresponded to some $24 million per year. Extra-budgetary funds for the largest human rights field operation -- in Rwanda -- reached $8.7 million in cash and $7.7 million in- kind, from the European Union, during 1995. In order to cope with present requirements, a yearly fund of $25 million would be necessary, and he appealed to Member States to show support for the cause of human rights through generous support.

He concluded by saying his work remained focused on rendering international human rights norms more operative and the action of the United Nations Secretariat more responsive to meeting that objective. "A formidable challenge still lies ahead", he said. "We need a more substantive commitment to human rights and perhaps less formalism. We need better dialogue among the relevant parts of the international system, both within and outside the United Nations, to back up our intentions and aspirations in the field of human rights."

Follow-up to World Conference on Human Rights

In his report, entitled "Making Human Rights a Reality" (document E/CN.4/1996/103), a follow-up to the 1993 World Conference on Human Rights, the High Commissioner writes that during the commemoration of the fiftieth anniversary of the United Nations, Member States identified human rights as a central issue for the future agenda of the Organization and of the world community in general. Recent experience has confirmed that the human rights

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programme of the United Nations must be adapted to the realities of the post-Vienna period and respond to the increasing demands for more effective human rights promotion and protection around the world.

The report details the activities undertaken by the High Commissioner in the field of cooperation with governments, regional and national institutions, non-governmental organizations and the media, among others. It contains accounts of his visit to Indonesia and East Timor, as well as information on ongoing efforts to promote human rights in Chechnya and in Cambodia. The report also addresses the human rights field operations in the former Yugoslavia, Rwanda and Burundi. It also details efforts to establish a human rights presence in Zaire and in Abkhazia, Georgia.

The High Commissioner's report reflects the activities undertaken by his office to strengthen advisory service and technical cooperation programmes, including the promotion of democratic institutions, development and human rights, human rights support to parliaments, constitutional assistance and human rights training for peace-keeping operations and international civil servants. The document also enumerates efforts on behalf of non-governmental organizations and civil society, legislative reform, the administration of justice and assistance for the conduct of free and fair elections.

The report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression (document E/CN.4/1996/39 and Add. 1 and 2), states that, as a consequence of the difficult circumstances surrounding his work, the incorrect impression might be given that the Special Rapporteur is concerned with only a limited number of countries, whereas in reality he is concerned with a much larger number of countries. Furthermore, that impression risked being reinforced, in that the report reflected communications with governments that were engaged in a dialogue with the Special Rapporteur for the purpose of seeking to promote and protect the right to freedom of opinion and expression.

In order to put those concerns in proper perspective, the Special Rapporteur presents a list of 103 States concerning which he has received information relating to events that took place in 1995. The preliminary consideration of those events had raised questions on the adequacy of the protection of the right to freedom of opinion and expression as guaranteed in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

The Special Rapporteur writes that he was compelled to conclude, as in previous years, that violations of the right to freedom of expression occurred in all parts of the world. He found that the protection of the right to freedom of opinion and expression was not always adequately guaranteed through ratification by States of the International Covenant on Civil and Political

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Rights and other relevant international instruments. In his opinion, such protection required a continuous political commitment that included implementation of specific policies and programmes.

In addition, the Special Rapporteur's report covers his visits to the Republic of Korea and Iran. Among other recommendations, he strongly encourages the Republic of Korea to repeal its National Security Law and to consider other means to protect its national security. The Government of Iran, meanwhile, was encouraged to take the necessary steps to ensure that the right to freedom of opinion and expression as enunciated in the International Covenant on Civil and Political Rights, and especially in article 19 thereof, can be exercised without any limitations or restrictions other than those provided for in the Covenant.

Statements in Debate

ABID HUSSAIN, Special Rapporteur of the Commission on the promotion and protection of the right to freedom of opinion and expression, presenting his report, said that freedom of opinion and expression was the mother of all freedoms. It was a sad commentary on the state of affairs that governments of all political persuasions violated that right and muzzled the media.

Referring to his visit to the Republic of Korea, he said the Government had taken a number of measures in order to better promote and protect the right to freedom of opinion and expression along the lines suggested in his recommendations. He welcomed the release of a number of detainees on whose fate he had previously inquired. As for his January visit to Iran, he was able to report that he had witnessed a greater willingness on the part of the Government to accommodate considerations on the promotion and protection of the right to freedom of opinion and expression and to encourage a dialogue on those matters.

In his previous report, he recalled, he had presented the Commission with a list of 103 countries on which he had received information relating to events that took place in 1995, which had raised questions as to the adequacy of the protection of the right to freedom of opinion and expression in 40 countries. He had yet to receive replies to letters sent to governments concerning 32 of those 40 countries.

A few weeks ago, he went on, the non-governmental organization Committee to Protect Journalists had reported that in the past 10 years, some 456 journalists had been killed in the line of duty in over 60 countries in all regions of the world -- not as a result of war or internal conflict, but mainly as a result of being targeted and assassinated. Those journalists were the victims of political persecution, terrorism and organized crime.

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Concerning other obstacles to an adequate protection of the right of freedom of opinion and expression, he said he had found that differences of religion, ideology, ethnicity and culture were invoked to suppress opinions and beliefs contrary to those held by the government or proclaimed by the State. He had also found the upsurge in hate speech to be a reason for continued concern. And he wished to bring one particular issue to the attention of the Commission: the continued intimidation, harassment and persecution of press professionals and other persons seeking to exercise that right gave cause for concern. The need of governments to protect genuine national security interests, while at the same time protecting the right to freedom of opinion and expression, was by no means an easy task. To assist governments in striking a just balance between the protection of the right to freedom of opinion and expression and in the protection of the genuine and legitimate security interests of the society at large, he brought to their attention the Johannesburg Principles on National Security, Freedom of Expression and Access to Information.

CHANG-IL PARK (Republic of Korea) said his country maintained its National Security Law as the minimal legal means to safeguard its free democratic system and because of the constant security threat which had existed on the Korean peninsula ever since the armistice in the Korean war. The Government had undertaken a revision of the Law in recent years, whereby some of the most controversial issues in terms of alleged violations of human rights had been amended. In the future, the Korean Government would see to it that the application of the Law would be strictly limited to the purpose of safeguarding national security, taking into consideration fundamental human rights.

With regard to the so-called "long-term prisoners" mentioned by some non-governmental organizations, he said such prisoners received treatment equal to that of other, ordinary prisoners. Many prisoners were granted early release based on compliance with the stipulations of the Penal Institution Act. The Korean Government was making continuous efforts to build a consensus, through its dialogue with both labour unions and management, on an overall package of labour law amendments. It was hoped that such a solution would be reached in the near future.

PETER VAN WULFFTEN PALTHE (Netherlands), referring to the independence of judges and lawyers, said he wished to commend the work of Special Rapporteur Param Cumaraswamy, for the objective way in which he had dealt with the issue of the so-called "faceless" judges in Colombia and Peru. The delegation of the Netherlands had learned with dismay that Peru, Pakistan and Nigeria had so far failed to heed requests made by Mr. Cumaraswamy to undertake joint missions with other special rapporteurs to those countries. His report had given ample proof of his efforts on behalf of the author Ken

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Saro-Wiwa and other Ogoni leaders, whose executions had shaken the world in November 1995.

As for the question of torture and other cruel, inhuman or degrading treatment or punishment, he said regimes that were not shocked by their own practices would not be shocked by his words either, and nothing short of a change of regime could bring hope for the better in such States. But he wished to focus on some States in the middle of the range, those that did not show a general lack of goodwill, but which, for instance, invoked a struggle with separatist or guerrilla movements as circumstances that tended to lead to an erosion of human rights standards. Those governments did react to communications of the Special Rapporteur on torture, did regret what was going on in their countries and yet often failed to follow up on the recommendations of the Special Rapporteur. Colombia, India and Turkey were cases in point.

HEMANT KRISHAN SINGH (India) said the Government had engaged the public and all actors of civil society in open discussions designed to improve the legal system and institutional mechanisms to provide for more effective promotion and protection of human rights and the strengthening of the criminal justice system. As a result, a number of steps had been taken to introduce effective safeguards against arbitrary behaviour and to strengthen the rule of law and respect for human dignity. Like many other democracies, India had found that normal criminal laws were inadequate in dealing with terrorism. Like other democracies, India had laws which provided for preventive detention. None the less, the Government had invariably granted permission for prosecution of members of the security forces whenever prima facie evidence existed regarding lapses in the observance of such laws. But there appeared to be a tendency to overlook human rights violations by terrorists.

In a democracy, he continued, dissent was a part of everyday life for which ample avenues existed. India was going in for parliamentary elections in the Indian state of Jammu and Kashmir, in spite of the threats of violence and terror from those who would like to prevent democratic government from being restored. It was necessary to recognize that non-State actors were today responsible for an ever-increasing number of gross violations of human rights and the time had come to address such violations. Apart from terrorists and mercenaries, feudal warlords, drug syndicates and extremist groups were running their own parallel systems ignoring the rule of law.

LUIS CHAVEZ (Peru) said that during the past six years, Peru had undergone a process of change, rehabilitating its economy and curtailing terrorism. It was now possible to lay the groundwork for the realization of full civil, political, social, economic and cultural rights. In that context, Peru faced the future with new targets about which its Minister of Justice had previously given a comprehensive statement to the Commission. Peru had welcomed the fact that the Special Rapporteur on the independence of judges

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and lawyers had paid tribute to the cooperation it had received from the Government. However, there were a number of inaccuracies in the Special Rapporteur's report, notably, concerning the threats to detained persons, incidents of terrorism by armed opposition groups and so-called "faceless judges". It was worth reporting that threats against the judiciary often came from the offenders and not from the State. Peru, with effort and resolve, was moving towards a future where human rights would become a reality for all. It had put the past behind it, having learned from its experiences.

LUCIEN TIBARUHA (Uganda) said his country's commitment to the promotion and protection of human rights was demonstrated through the ratification and adoption of the major human rights covenants. The Government was committed to establishing democracy, the rule of law and the promotion of human rights. The Constitution promulgated last October expressly prohibited both detention for more than 48 hours without having a defendant formally charged, and torture under any circumstances, including in times of public emergency. The Government had put in place constitutional, legal and administrative mechanisms towards the promotion and protection of human rights of inmates in all stages of detention. The Constitution further provided that all persons who complained of human rights abuses could have easy access to judicial, legal and other institutions charged with the protection and enforcement of human rights.

ISSLAWET POERNOMO (Indonesia) said the report of the working group on arbitrary detention had requested the Indonesian Government to take the necessary steps to remedy the situation concerning a number of cases declared by the group as constituting arbitrary detention. Indonesia had repeatedly stated that it was not in a position to take any remedial steps concerning those cases because they had already been brought before an independent judicial process. The Government could not interfere with the due legal process, as that would constitute a violation of its Constitution. The chairman of the working group had also singled out Cuba and Indonesia as the two States which had refused to invite the working group to visit their territories. It was deplorable that the Special Rapporteur should practice such selectivity. That undermined the credibility of the working group. The Government of Indonesia was ready to continue to cooperate with the relevant thematic special rapporteurs and/or working groups of the Commission and to invite them to visit the country, if so warranted for the fulfillment of their mandates.

IBOU NDIAYE (Senegal) said his country had undertaken a vast programme of action over the last two years, including the reform of its legislation and administrative procedures, in order to implement the international human rights instruments ratified by the Government. The aim was also to guarantee citizens their human rights and to see that the judiciary and the administration would function in accordance with the provisions of

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international human rights. The reform had also provided for the prevention of human rights violations. In that connection, Senegal welcomed the progress made in the drafting of an optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment that would provided for a system of inspection of places of detention. South Africa's proposal to establish a fund for the improvement of detention conditions to be financed by voluntary contributions had his country's support.

J.S. SELEBI (South Africa) said the Special Rapporteur on torture had mentioned allegations of torture in his country. The Government had taken those allegations extremely seriously. Indeed, the Constitution prohibited torture of any kind, whether physical, mental or emotional. The authorities had investigated the allegations and had found that in some cases investigations were at an advanced stage. In others, criminal charges against members of the South African Police Service had been laid before the Attorney General. Since it was important for the international community to provide support to victims of torture, the Government of South Africa had, for the first time, made a small contribution to the United Nations Voluntary Fund for the Victims of Torture. Moreover, it believed that the establishment of a system of inspection of places of detention through an optional protocol to the Convention against Torture was a way of preventing torture and other ill-treatment and one of the most important instruments to safeguard human rights.

NAEF AL ABUD (Saudi Arabia) said his country, the site of the two Holy Shrines and the Muslims' Qibla, was proud of its ruling system, which was based on the Sharia (Islamic law). The supremacy of that law was such that it could not be subjected to anybody's judgment. It was God's law to His subjects. The allegations made by some non-governmental organizations against the Government of Saudi Arabia were regrettable. The purpose of the campaign was only to undermine and cast doubt on the fairness of the judicial system in Saudi Arabia. Those allegations were also tantamount to a war waged against Islamic law. It was regrettable that certain parties described the judgments issued by legal tribunals in his country as torture and severe treatment. If a Sharia court delivered a sentence, the competent authorities were obliged to implement it without any alteration, and with due respect for the fairness of the judicial Islamic system.

MICHAEL HINDLEY, of the Afro-Asian People's Solidarity Organization, said the present crisis in Pakistan centring on the status of the Mohajirs went to the very heart of the viability of the State, whose foundation was premised on the theory propagated by Jinnah during the Indian independence struggles -- that there were two nations in the Indian sub-continent, one Muslim and one Hindu. Pakistan started out as a theory that had to be proved and that explained the stridency of some propaganda about Pakistani nationhood. The chronic lack of confidence remarked by outsiders stemmed from

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the fact that Pakistan justified itself negatively -- it was that part of the sub-continent that was not India. The disparate regions that made up Pakistan did not have logical dynamic to create a nation from within. He feared that it suited the ruling elite to have "an enemy within" to forge national hegemony, and that for the Pakistani Government the Mohajirs were that enemy. The violence must stop, lest Karachi become the Beirut of the 1990s. Continued social conflict in Pakistan could only delay the necessary reconciliation between India and Pakistan.

LAURENE FAYOLLE, of the International Prisons Watch, said Moroccan jails still held 30 detainees considered as political prisoners by Moroccan human rights organizations. Some former Moroccan political exiles had been able to obtain their passports to return home, but some had been denied that right. The amnesty decreed by the Government should be the same for all, not partial.

ALVARO SENTURIAS, of the World Alliance of Reformed Churches, said he was deeply concerned that the Special Rapporteur on torture had found that in Equatorial Guinea the torture and ill-treatment of detainees continued. The Special Rapporteur had also reported two incidents of rape committed by prison governors, as well as the growing number of summary executions, especially after last year's municipal elections. In the Philippines, meanwhile, many things had changed, but so much more remained the same. Some 563 human rights violations had been committed by the military and 501 by the police since President Fidel Ramos had taken office in June 1992.

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Corrections: In Press Release HR/CN/725, the name in paragraph 4, page 6, should be ANNA KVERNADZE-MURRAY, of the Women's International League for Peace and Freedom. In Press Release HR/CN/729, the name in paragraph 4, page 5, should be ETHUSIAN CYNTHIA EXUM, of the Indigenous World Association.