HUMAN RIGHTS NOT LUXURY FOR ENJOYMENT OF DEVELOPED SOCIETIES, GERMAN FOREIGN MINISTER TELLS COMMISSION ON HUMAN RIGHTS

16 April 1996

Press Release
HR/CN/739

HUMAN RIGHTS NOT LUXURY FOR ENJOYMENT OF DEVELOPED SOCIETIES, GERMAN FOREIGN MINISTER TELLS COMMISSION ON HUMAN RIGHTS

19960416 Special Rapporteurs Present Findings on Myanmar, Afghanistan, Equatorial Guinea and Former Yugoslavia

GENEVA, 16 April (UN Information Service) -- The Minister for Foreign Affairs of Germany, Klaus Kinkel, told the Commission on Human Rights this morning that respect for human rights was not a question of rich and poor, and differences in tradition and culture must not be used as arguments against the universality of human rights.

Freedom of religion, freedom of opinion and freedom of the press did not cost anything, said Mr. Kinkel. Disregard for them could not be excused by poverty or underdevelopment. Human rights were not a luxury which only developed societies could allow themselves. The best pre-conditions for economic and social progress were democracy, the rule of law and market economy.

Turning to efforts to address human rights problems around the world, he said the savage war in Chechnya had been going on for 16 months and a political solution was long overdue. The prerequisites for peace had already been created in former Yugoslavia with the Dayton Agreement. Regarding China, the European Union had done much to persuade the Government to take further concrete steps to improve its human rights record. Unfortunately, he said, the results had not been substantial or concrete enough.

Mr. Kinkel's statement came as the Commission began in earnest its examination of the state of human rights in specific countries and territories. The Commission heard its special rapporteurs on the human rights situations in Myanmar, Afghanistan and Equatorial Guinea who expressed concern about abuses in the countries they respectively followed. The Special Rapporteur on summary or arbitrary executions also addressed the Commission.

The delegations of Myanmar, Afghanistan and Peru participated in the debate. Representatives of the following non-governmental organizations also contributed statements: International Commission of Jurists, Arab Lawyers Union and Amnesty International. China exercised its right of reply.

Statement by Foreign Minister of Germany

KLAUS KINKEL, Minister for Foreign Affairs of Germany, said the Commission had been founded 50 years ago with an objective that could be described in one sentence -- All human beings are born free and equal in human dignity and rights. "Since each one of us has these inalienable human rights, we also have the moral obligation to promote human rights and to help those whose rights are being jeopardized and violated", he said.

No one could claim to possess the absolute truth in his or her interpretation of human rights, he said. There was also agreement today that differences in tradition and culture must not be used as arguments against the universality of human rights.

The most bitter events of the last few years were major catastrophes for human rights, said Mr. Kinkel. The most recent example was Liberia. Human rights were violated most often in times of war and today wars tended to occur most often in regions in which human rights had been violated. The scenes of naked horror and unparalleled human suffering in Rwanda had been overwhelming. It would be extremely difficult to rebuild confidence in justice after such appalling massacres. The situation in Burundi was extremely critical, but all parties knew that they must succeed in saving that country from the dreadful fate of Rwanda. Crisis management in the Great Lakes region illustrated admirably that the various organs of the United Nations must work together continually and closely.

In Europe, the savage war in Chechnya had been going on for 16 months and a political solution was long overdue, he said. The prerequisites for peace had already been created in former Yugoslavia with the Dayton Agreement.

War criminals must be punished for a genuine peace to exist in Bosnia and the demands of the victims for justice must be met, he continued. Those responsible for "ethnic cleansing", for massacres and mass rape must appear before the International Criminal Tribunal at The Hague and be punished for their deeds. A permanent international criminal tribunal must be set up.

The European Union had done much to persuade the Government of China to take further concrete steps to improve its human rights record, he said. Unfortunately, the results had not been substantial or concrete enough. Respect for human rights was not a question of rich and poor. Freedom of religion, freedom of opinion and freedom of the press did not cost anything. Disregard for them could not be excused by poverty or underdevelopment. Human rights were not a luxury which only developed societies could allow themselves. The best preconditions for economic and social progress were democracy, the rule of law and market economy.

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He said only a credible human rights policy could be successful. The xenophobic attacks of misguided troublemakers in Germany were terrible. However, they had aroused and angered the overwhelming majority of the population, and politicians, the police and the courts were doing all they could to prevent such attacks. Germany was not a xenophobic country -- it had taken in more than 400,000 refugees from the former Yugoslavia. Germany was proud of its liberal alien laws. Approximately 7 million foreigners lived in Germany. He concluded by quoting the German philosopher Immanuel Kant: "Peace among human beings living side by side is not a natural state. It must be achieved". That should be the Commission's guiding principle.

Human Rights Violations in Countries around World

The Commission on Human Rights continued this morning to examine the question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories. During its debate, the Commission will, with the aid of reports from its special rapporteurs and other mechanisms, focus on the situation of human rights in Cuba, southern Lebanon and western Bekaa, Iran, Zaire, Equatorial Guinea, Myanmar, Afghanistan, Iraq, Sudan, former Yugoslavia, Rwanda, East Timor and Cyprus. The Commission will also study such phenomena as summary or arbitrary executions.

This morning, the experts on Myanmar, Afghanistan, Equatorial Guinea, the territory of the former Yugoslavia and on summary or arbitrary executions presented their findings.

On the human rights situation in Myanmar, the report of Special Rapporteur Yozo Yokota (document E/CN.4/1996/65) reflects his visit to the country from 8 to 17 October 1995. According to Mr. Yokota, despite the visible signs of relaxation of tension in parts of the country and the release of prisoners such as Daw Aung San Suu Kyi, detailed evidence indicated that the practices of forced labour, forced portering, torture and arbitrary killing were still widespread in Myanmar. They seemed to be occurring in the context of development programmes and of counter-insurgency operations in ethnic minority regions. He also expressed concern about the serious restrictions imposed upon the enjoyment of civil and political rights.

Regarding the rights situation in Afghanistan, the report submitted by Special Rapporteur Choong-Hyun Paik (document E/CN.4/1996/64) recommended that international efforts should be concentrated on accelerating the ongoing peace process with due regard to the right of the Afghan people to self-determination. The continuing hostilities, the lack of a central government, the collapse of the judicial system, violations of the rules of war and the presence of millions of widely scattered land-mines were among the negative factors cited by the Special Rapporteur in the report, which is largely based on his August 1995 visit to Afghanistan. He concluded that

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violations of human rights continued in many parts of the country. A special rapporteur was first appointed to examine the situation in Afghanistan in 1984.

Concerning Equatorial Guinea, the Commission will consider the report of its Special Rapporteur, Alejandro Artucio (document E/CN.4/1996/67). According to the Special Rapporteur, 1995 was crucial for the process of transition to democracy in Equatorial Guinea started in 1993 with the signing of the National Pact. Although much remained to be done, there was some measure of political will to continue with the process of democratization. Municipal elections held in September 1995 -- which saw the election of nine opposition candidates -- constituted a major step forward. However, the post-election process had clearly shown the absence of a democratic political culture. The Special Rapporteur concluded that, despite the progress made, serious human rights violations -- including impunity of State officials responsible for abuses and persecution of the opposition -- continued, and the State's response to them had been "blatantly inadequate". The Special Rapporteur recommended, among other things, that the international community continue to follow the human rights situation in Equatorial Guinea.

On extrajudicial, summary or arbitrary executions, the Commission has before it a report by the Special Rapporteur (document E/CN.4/1996/4) in which he strongly urges States that had extended the scope of the death penalty or reinstated it to reconsider their decision. On the question of impunity, the Special Rapporteur concluded that violations of human rights with impunity continued in countries such as Colombia, Brazil, Cambodia, Chad, El Salvador, Guatemala, Indonesia, Iraq, Liberia, Mauritania and Peru, despite the fact that legal provisions for the prosecution of violators of human rights existed.

The Commission will also consider the report of the Special Rapporteur on his mission to Burundi (E/CN.4/1996/4/Add.1) which concluded that a national early warning system should be created which could intervene rapidly when killings and violence occured to prevent them from degenerating into mass killings and genocide. It also states that the Burundi authorities should urgently take the appropriate measures to ensure the functioning of the criminal courts, as well as the independence and impartiality of the judiciary. There will also be a report of the Special Rapporteur on his mission to Papua New Guinea (document E/CN.4/1996/4/Add.1), examining the crisis in Bougainville and recommending that the reconciliation process start at the grass-roots level and that specialized training be given to prosecutors who deal with human rights violations.

On the situation of human rights in the territory of the former Yugoslavia, the Commission will consider the report of Special Rapporteur Elisabeth Rehn (document E/CN.4/1996/63). She writes that she visited the area of Srebrenica in early February. During discussions with authorities in

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the Republika Srpska, as well as other local authorities and relatives of missing persons, she sought to obtain new information concerning the alleged

massacre of thousands of Bosnians by Bosnian Serb forces and the alleged continued detention of others by the Republika Srpska.

The Special Rapporteur says she has received little clarification of reliable reports of massacres perpetrated by Bosnian Serb forces, acting in conjunction with paramilitary forces from the Federal Republic of Yugoslavia under the command of Zeljko Raznatovic, known as "Arkan", against non-Serbs in northern Bosnia and Herzegovina in October 1995. The Dayton Agreement committed the parties to securing "to all persons within their jurisdiction the highest level of internationally recognized human rights and fundamental freedoms", she recalls, and goes on to describe developments concerning some of these rights since the initialling of the Agreement in November 1995. She concludes that while much is being done to try to ensure immediate protection of human rights in the region, it is vital to sow the seeds now for the post-Implementation Force peace.

The Commission will also consider three periodic reports of the former Special Rapporteur, Tadeusz Mazowiecki. The first report (document E/CN.4/1996/3) sets out his findings on the policy of "ethnic cleansing". The second (document E/CN.4/1996/6) deals specifically with human rights violations in Croatia and Bosnia and Herzegovina, while the third (documents E/CN.4/1996/9) concerns events which took place up to the date of his resignation following the fall of Srebrenica in the summer of 1995.

Statements

Opening the debate, YOZO YOKOTA, Special Rapporteur on the situation of human rights in Myanmar, expressed his gratitude to the Government of Myanmar for facilitating his visit to various parts of the country and for the courtesies extended to him. He said he was concerned about the serious restrictions on the enjoyment of civil and political rights, which affected in particular the members of political parties, especially the National League for Democracy, and delegates to the National Convention. He had recently learned that since the release of Daw Aung San Suu Kyi, she had on several occasions been physically prevented from exercising her rights of freedom of movement and freedom of association. Various reports from the capital Yangon indicated that the level of political intimidation and repression had been rising in recent months.

The non-acceptance so far by Myanmar of the customary procedures of the International Committee of the Red Cross (ICRC) for visits to places of detention was a negative step for the amelioration of conditions of detention in the country, said the Special Rapporteur. Conditions in Myanmar prisons and jails seemed to fall short of international standards. The suspicion of

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mistreatment of prisoners would continue as long as access to public scrutiny was denied.

The Special Rapporteur recommended, among other things, that Myanmar law should be brought into line with accepted international standards regarding the protection of the right to physical integrity, including the right to life and prohibition of torture, cruel, inhuman or degrading treatment. He also recommended that all persons detained or imprisoned for political activities or for political reasons should be immediately released and that the Government of Myanmar take steps to repeal or amend, as appropriate, the relevant provisions of law which at present prevented the ICRC from carrying out its humanitarian activities with regard to prison visits. Moreover, he recommended that the Government of Myanmar should cease all discriminatory policies which interfered with the free and equal enjoyment of property, and compensate appropriately those whose property had been arbitrarily or unjustly confiscated or destroyed.

The Commission should consider placing a team of human rights field officers in such locations as would facilitate improved information flow and assessment and would help in the independent verification of reports on the situation of human rights, he concluded.

CHOONG-HYUN PAIK, Special Rapporteur of the Commission on the human rights situation in Afghanistan, introducing his report, said it was with deep regret that he had learned of the recent resurgence of armed conflict in Afghanistan, which was in total disregard of the overwhelming aspirations for peace shared by the people of Afghanistan. The addition of the Taliban movement to the existing factions in conflict had created a further obstacle to a peaceful resolution of the conflict.

According to the Rapporteur, rocketing and bombing between the forces of the President and the Taliban in the frontline areas to the south and south- west of Kabul continued. In addition to the loss of life on both sides, the situation regarding the supply of basic food, fuel and other necessities had become very serious in the early part of this year, when the three major routes into Kabul had been closed for several months. Eventually the roads were opened on 29 January following the intervention of the United Nations Coordinator for Afghanistan and a statement from the Spokesman of the Secretary-General regarding the dire situation of the population of Kabul.

The Rapporteur stressed that the lack of a strong central authority had posed extreme difficulties in protecting human rights and redressing violations. The warring factions should be called upon to put an immediate end to the armed conflict regardless of the rationales they might have for recourse to force. Concerted international action was required for the mobilization of pressure against undisciplined forces immediately.

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ALEJANDRO ARTUCIO, Special Rapporteur on the human rights situation in Equatorial Guinea, said the creation of a Constitutional Court and of a Higher Council for Justice had improved the situation of human rights in the country. The enactment of laws on habeas corpus and other legislation governing elections had further improved matters. But there was still no evidence of the independence of the judiciary. Moreover the administration of justice suffered from obvious irregularities and shortcomings. The excessive use of war councils in cases where the accused had nothing whatever to do with the military continued to be a source of concern.

The Special Rapporteur said he had been able to visit the prisons in the cities of Malabo and Bata and had received no complaints of mistreatment. But there had been cases of torture in police stations and in military installations. Prisons also suffered from a total lack of sanititary facilities and medical services.

The transition to democracy, which had reached a watershed with the holding of elections in December 1995, had been characterized by arrests, prohibitions and intimidation, he went on. The presidential elections of February had not seen the free political expression of citizens. As for the realization of economic, social and cultural rights, that had to be seen against a backdrop of dire poverty in the country. Equatorial Guinea had a huge external debt and depended upon economic assistance from donor States. Since there were still gross violations of fundamental rights and freedoms in Equatorial Guinea the Commission must maintain its monitoring role and keep in close contact with the Government, he concluded.

ELIZABETH REHN, Special Rapporteur on the situation of human rights in the former Yugoslavia, introducing her report, said that during the last five months, there had been no massacres caused by military attacks on civilian targets, no violent mass expulsions of people from their homes because of nationality, no systematic campaigns of rape.

In spite of that, she went on, human rights abuses continued in various forms all over the former Yugoslavia. Until the value and dignity of every human being was respected in a proper manner, one could not speak about real democracy. Freedom of expression was far from being realized, as were the rights to life, liberty and security of the person. Above all that there was the overwhelming question of the fate of those who were unaccounted for after the war, either in mass graves or uncovered in the forests and hills. The truth was as important for the families asking about the fate of their loved ones who disappeared in the thousands after the fall of Srebrenica, for the mothers of Vukovar, and for the relatives of the Serbs who disappeared during the last months of the conflict from western Bosnia and Herzegovina.

She was still very concerned about the situations in Kosovo, Sandzak and Vojvodina, she said. She would also like to follow closely developments in

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Eastern Slavonia and the return of Serbs to Krajina. And then there was the enormous question of Bosnia and Herzegovina. Despite all the difficulties, she was still optimistic about developments in that territory. A most positive step had been taken with last week's donors' conference for Bosnia and Herzegovina in Brussels. Against all expectations, governments had made commitments for funding which exceeding even what had been asked. It was essential that the promises quickly turn into reality.

In conclusion, Ms. Rehn expressed satisfaction towards the cooperation extended to her mission by the Governments of the Federal Republic of Yugoslavia, Croatia, Bosnia and Herzegovina, and the former Yugoslav Republic of Macedonia.

BACRE WALY NDIAYE, Special Rapporteur on summary or arbitrary executions, said the situation in Burundi was dangerously close to the precipice. The plight of refugees was becoming ever more disquieting. Impunity was endemic and efforts to mediate between the warring factions had been neutralized. There was a lack of an appropriate mechanism with the United Nations systems for dealing with such situations.

On his visit to Papua New Guinea, he had been hampered by his inability to reach the centre of the island due to a physical blockade of the territory, he went on. The slowness of the path to peace in that country and the gravity of the economic situation strengthened by the military efforts and the closure of mines in Bourganville were causes for serious concern. The execution by the army of several civilians pointed to the urgency of finding a solution to the difficulties there.

U AYE (Myanmar) said the Special Rapporteur had portrayed the situation in Myanmar in a somewhat negative light. No evidence was presented as to the veracity of the incidents reported. The report contained allegations without substance, emanating from doubtful sources. Such unfounded portrayals were counterproductive to the cause of human rights in Myanmar and elsewhere. The delegation of Myanmar had undertaken to circulate in the Commission a memorandum of observations and comments (document E/CN.4/1996/139) in response to the inaccuracies and misconceptions arbitrarily incorporated in the report of the Special Rapporteur. The Memorandum also elaborated on the success of efforts towards national consolidation, whereby the various armed groups had finally forsaken the path of destructive activity. With peace and tranquillity once again prevailing in the country and the establishment of a market-oriented economic system, the economy had continued to advance, assisted by considerable foreign investment from both East and West amounting to billions of dollars.

HUMAYAN TANDAR (Afghanistan) paid homage to the Special Rapporteur for the quality of his report and his impartiality. Since his Government had nothing to hide from the Special Rapporteur, all the authorities had been able

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to extend their cooperation to facilitate his tasks. Afghanistan had no prisoners of conscience, and freedom of opinion was respected through a free press and a multi-party system. However, Afghanistan had been deprived of its fundamental right to self-determination. For 20 years now, it had been victim of foreign occupation and direct and indirect inference by external powers. The military operations against the civil population were conceived outside the country. Foreign mercenaries -- mostly of Pakistani origin -- were fighting on the side of the opposing factions. The Pakistani Government had also planned to construct a road inside Afghanistan for the purpose of trafficking drugs from the zones under the control of opposition Afghan militia. But the people of Afghanistan would continue to defend their sovereignty and territorial integrity at any cost.

ADAMA DIENG, of the International Commission of Jurists, said the Commission condemned the continued indiscriminate and disproportionate use of force exerted by the Russian army in Chechnya. It also called on both Israel and the Hezbollah to refrain from more attacks on Lebanese and Israeli civilians. The Commission was particularly concerned about excessive Israeli reaction, which was making all of Lebanon live in terror.

Turning to Nigeria, the speaker said the situation had continued to degenerate rapidly, especially since the transition programme was aborted in 1993. The recent actions taken by the military Government, including arbitrary arrests, detention and execution of its citizens, had exacerbated the tragedy. Meanwhile in Bahrain, where there had been confrontations between demonstrators and Government security forces since 1994, the erosion of the rule of law was a cause for concern.

FAROUK ABU EISSA, of the Arab Lawyers Union, said the phenomenon of human rights violations had grown, aggravated by ethnic wars, acts of racial genocide, mass displacement and policies of blockade and starvation now being experienced in many parts of the world, including Palestine, Bosnia and Herzegovina, Chechnya, Rwanda, Burundi, Liberia, Somalia and Sudan. To make matters worse, there had been a decline in the instruments and means dedicated to the protection of human rights, notwithstanding some encouraging indicators such as the increase in the level of consciousness and concern about human rights issues. None the less, there had been some propitious developments that promised to provide a way out of the crisis. In the case of Algeria, a process of internal dialogue on the future of the country had begun.

Right of Reply

The representative of China said that, once again, a guest speaker had abused the courtesy shown to him by the Commission.

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