NATIONAL SOVEREIGNTY NOT A SHIELD FOR HUMAN RIGHTS VIOLATIONS, EUROPEAN UNION TELLS HUMAN RIGHTS COMMISSION

Press Release
HR/CN/741

NATIONAL SOVEREIGNTY NOT A SHIELD FOR HUMAN RIGHTS VIOLATIONS, EUROPEAN UNION TELLS HUMAN RIGHTS COMMISSION

GENEVA, 17 April (UN Information Service) -- Governments should be held accountable when human rights violations took place, and no screen of national sovereignty could prevent the international community from identifying abuses, the representative of the European Union told the Commission on Human Rights this morning.

The representative of Italy, speaking on behalf of the European Union, went on to list countries and territories around the world where reported violations of human rights had caused concern among members of the Union. He drew particular attention to the situations in the territory of the former Yugoslavia, Turkey, the Palestinian territories, Iraq, Rwanda, Nigeria, Sudan, Myanmar, East Timor and China.

The statement from the European Union came during the Commission's continuing discussion on the question of the violation of human rights anywhere in the world. That item in the panel's agenda provoked the most contentious debate and active lobbying, according to the representative of Malaysia, who said the Commission has allowed "selectivity" based on political considerations dominate its decisions regarding the countries examined.

The Minister of Justice of the Sudan, Abdel Aziz Shiddo, said that, of 26 special rapporteurs, representatives of the Secretary-General, and chairmen of working groups related to human rights, 15 were from European and Latin American countries, six from African countries, and five from Asian countries. The appreciation of cultural differences was important to understanding and evaluating information on human rights, and the lack of balance among rapporteurs was, in Sudan's view, one of the main reasons for a lack of confidence between many countries of the third world and the Centre for Human Rights.

Meanwhile, the representative of Canada said much had been said recently about "selectivity" and "double standards" in human rights. Certainly, there was selectivity when a government picked among the fundamental rights it would recognize. And there was a double standard when a government devalued the

humanity of its own people by denying them the dignity and freedom to which they were entitled.

The Commission also heard statements by the Minister for Foreign Affairs of Liechtenstein and the Deputy Minister for Foreign Affairs of Armenia. Also participating in the debate were representatives of Iraq and Australia.

Statement by Minister for Foreign Affairs of Liechtenstein

ANDREA WILLI, Minister for Foreign Affairs of Liechtenstein, said some of the momentum gained through the World Conference on Human Rights in 1993 had been lost. There was a budget crisis, but the important tasks of the Centre for Human Rights should be seen as a priority and an essential element within the budgetary discussion, and a special effort should be made to strengthen the Centre.

Liechtenstein supported the recent trend in human rights towards programmes of prevention, the Foreign Minister said. The approach of the Secretary-General's An Agenda for Peace, based on genuine and constructive dialogue, showed great potential, but unfortunately, certain useful proposals to prevent human rights violations could not be implemented due to a lack of resources, even while it was clear that preventive measures were inexpensive when compared to other programmes.

As a small State which wished to contribute to strengthening and further developing international law and to the avoidance of conflict and its associated suffering, she said, Liechtenstein had sought in the General Assembly for some years to provide a means whereby the reasonable aspirations of distinctive communities within States might find expression. That was envisaged as being achievable through such communities having variable and progressive patterns of self-administration. In Liechtenstein's view, the principle of self-determination, as enshrined in the United Nations Charter, still had unexplored potential. Self-administration would offer a particularly helpful practical device which could be developed within the broad scope of that principle.

Recognizing that a less political framework would probably facilitate further development of its ideas, Liechtenstein had established and financed a research programme on self-determination at the Woodrow Wilson School of Public and International Affairs at Princeton University in the United States, the Foreign Minister said.

Statement by Deputy Minister for Foreign Affairs of Armenia

VARDAN OSKANIAN, Deputy Minister for Foreign Affairs of Armenia, said that since its independence five years ago, Armenia had embarked on the establishment of a sound democracy, a market economy, and a free society that

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respected human rights. After 75 years of authoritarian rule, the country could easily have allowed that vision to fade, but under austere economic, social, and political conditions, it had, in fact, made true headway. The country had adopted a new constitution through national referendum, had held its first democratic parliamentary elections, and had acceded to numerous international human rights instruments. Early this year, the Council of Europe had granted Armenia's National Assembly special guest status at its Parliamentary Assembly -- a clear indication of the member States' acknowledgment of Armenia's commitment to democracy and human rights.

He said that in less than a week, Armenians all over the world would commemorate the Armenian genocide of 1915. But, as they remembered the victims, they could not help but notice with cynicism that while the terms had changed -- genocide was now called "ethnic cleansing" -- mass murder remained a viable and effective political option for States. Less than 150 kilometres away, the 150,000 Armenians of Nagorny Karabakh continued to live under the threat of a similar fate as a way to put an end to their claims for self-determination. From the day the people of Nagorny Karabakh had held a referendum and expressed a wish to live freely, the Government of Azerbaijan had attempted to suppress them militarily.

Armenia remained committed to finding a peaceful solution, he continued. To achieve that, parties to the conflict and the international community must have the courage to address the root causes of the conflict and to transcend the ineffective formula approach which had been used and which ignored the fundamental individual rights of the whole population.

Statement by Minister of Justice of Sudan

ABDEL AZIZ SHIDDO, Minister of Justice, Attorney General, and Chairman of the Advisory Council for Human Rights of the Sudan, said debates in the Commission should centre on bridging the chasm between the North and the South, before the growing confrontation became reminiscent of the cold war.

Constructive dialogue, however, would elude advocates of human rights if some conditions were not recognized and acted upon, he said. Dialogue did not mean or imply the imposition of the will of the wealthy and the strong over the poor and the weak. Human rights could not be based on selectivity or political objectives. Sources of information must be scrutinized and checked, and drawn from a wide spectrum. The Commission should be scrupulous in maintaining its neutrality. Responses from respective countries must be treated with more consideration than was now the case -- one major cause of frustration leading to non-cooperation by those countries was the feeling that their complaints and grievances were totally ignored by the Commission, and that only one point of view was permitted to prevail when their cases were taken up for discussion.

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Currently, of 26 special rapporteurs, representatives of the Secretary-General, and chairmen of working groups related to human rights, 15 were from European and Latin American countries, six from African countries, and five from Asian countries, he went on. The appreciation of cultural differences was important to understanding and evaluating information on human rights, and that lack of balance among rapporteurs was, in Sudan's view, one of the main reasons for a lack of confidence between many countries of the third world and the Centre for Human Rights.

Some non-governmental organizations, meanwhile, simply served as platforms for some politicians who wanted to attend Commission meetings to attack governments, thus creating an acrimonious atmosphere, he added. Examples of such non-governmental organizations were Christian Solidarity International and the Arab Lawyers Union.

Another problem, in Sudan's opinion, was the lack of accountability of human rights officials in the manner in which they carried out their assigned duties, he said. That was the situation with the Special Rapporteur on the situation of human rights in the Sudan, Gaspar Biro. Mr. Biro's writings had been taken to reflect a disrespect for Islam, but now that he had confirmed his respect for Islam as one of the major religions of the world, and had expressed regret if his writings were misunderstood, the Sudan was willing to cooperate with him and would give him all necessary assistance in fulfilling his mandate. His country was sure that Mr. Biro would witness major progress in the Sudan in the coming years. He would witness completion of a democratic political system, adoption of a permanent constitution securing human rights, and establishment of a new decade in the peace process which had so far accommodated two of the warring factions who had signed a political charter with the Government on 10 April.

Human Rights Situations in Specific Countries, Territories

The Commission on Human Rights this morning continued 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, and including the question of human rights in Cyprus. During its debate, the Commission is focusing on the situation in Cuba; Chechnya; southern Lebanon and western Bekaa; the Papua New Guinea island of Bougainville; Iran; Zaire; Equatorial Guinea; Myanmar; Afghanistan; Iraq; Sudan; the territory of the former Yugoslavia; Rwanda; and East Timor. Country delegations and non-governmental organizations may refer to the situation in other countries.

This morning, the Commission heard the introduction of the report of the Special Rapporteur on the situation of human rights in Iraq (document E/CN.4/1996/61). The Special Rapporteur writes that, to his knowledge, the Government has not so far implemented his previous recommendations, which, in

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the absence of any sign of an improvement in the overall human rights situation, remain valid.

The report goes on to describe the "politico-legal order of repression" in Iraq and concludes that the structure of power in Iraq is such that human rights violations are inevitable. The Special Rapporteur recommends that, in view of the exceptional gravity of the situation of human rights there, the Government of Iraq agrees to the stationing of human rights monitors through the country. He further recommends that the Government should step up its cooperation with the Tripartite Commission established to discover the whereabouts or resolve the fate of the several hundred Kuwaiti and third-country nationals who disappeared during or subsequent to the illegal Iraqi occupation of Kuwait in 1990 and 1991, and that, especially in view of the extremely serious shortage of food and medicine in the country, it should immediately act to take advantage of the "food for oil" formula provided in Security Council resolution 986 (1995).

Statements in Debate

P. TORELLA DI ROMAGNANO (Italy), speaking on behalf of the European Union, said governments should be held accountable when violations took place. No screen of domestic jurisdiction or national sovereignty could prevent the international community from identifying human rights violations and demanding that governments remedy acts that offended the conscience and values of humankind.

He said that, for the first time, concrete prospects of stabilization and peace had materialized for the whole of Bosnia and Herzegovina, thanks to the Dayton and Paris Agreements. A future of respect for human rights required that those responsible for war crimes and crimes against humanity be brought to justice. Meanwhile, the overall human rights situation in Croatia remained unsatisfactory, although some progress had been made. The Union also remained concerned at human rights violations by the Belgrade authorities against the Albanian population in Kosovo. The Union's attitude to the Federal Republic of Yugoslavia (Serbia and Montenegro) would depend on, among other things, full respect for human rights.

Regarding Turkey, he said, the Union welcomed steps towards the establishment of full democracy, but it continued to be seriously concerned about indications that extrajudicial executions and enforced disappearances persisted. And torture was still widespread in Turkey. The Union also continued to follow the situation in Chechnya, where it did not see any clear signs of a peaceful and lasting solution, despite the peace plan announced by the President of the Russian Federation. The Union restated its condemnation of all abuses against civilians, and it remained concerned at the excessive use of force by the Russian armed forces.

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Concerning the Middle East, the Union regretted that the peace process had been overshadowed by terrorist attacks, he said. Security measures aimed at the closure of the Palestinian territories were a cause of concern. The Union was also deeply concerned by the situation in Iraq, where political rights were systematically denied and judicial and extrajudicial executions, torture and other abuses continued to take place on a large scale. Human rights violations also continued in Iran.

The European Union was concerned about reports telling of the failure to observe due process in Saudi Arabia, he continued. There were also reports of torture of detainees and other cruel and inhuman or degrading punishment. The situation of women and the denial of the right to freedom of religion and freedom of expression were additional causes for concern. The European Union also condemned the continuing lack of respect for human rights in Nigeria. The arbitrary execution of Ken Saro-Wiwa and the other Ogoni leaders in 1995 had been condemned worldwide. In Nigeria, there was denial of political rights and serious flaws in the administration of justice.

In the Sudan, he went on, systematic torture, extrajudicial killings, arbitrary arrests, slavery, and forced displacement of persons continued. The Government also discriminated against ethnic and religious minorities and opposition groups.

The European Union remained deeply concerned at the human rights situation in Myanmar, he said. The Union urged the State Law and Order Restoration Council to release immediately and unconditionally all detained political prisoners. The release of Daw Aung San Suu Kyi was an important first step, but she and her National League for Democracy colleagues continued to be excluded from the political process in Myanmar. The Union also continued to follow with serious concern the situation in East Timor, where, according to reports, violations of human rights continued to take place. The Union welcomed the cooperation the Government had extended to the High Commissioner for Human Rights. The Union urged the Government to implement the High Commissioner's recommendations.

Turning to the situation in China, the representative said the European Union acknowledged the positive impact the current economic reform policy had in transforming Chinese society. Such an achievement could lead to the substantial enlargement of individual freedom in the economic and social fields. However, the persistence of violations of human rights and fundamental freedoms continued to be a source of grave concern. The freedom of expression, association and assembly continued to be restricted, and there was inadequate protection of the rights of minorities, particularly in Tibet. The Union was particularly concerned at the lack of transparency and independence of the judiciary.

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The Union was also concerned about the state of human rights in Rwanda, Zaire, Liberia, the Casamance region of Senegal, Niger, Equatorial Guinea, Somalia, Kenya, Afghanistan, Kashmir, Bangladesh, the Democratic People's Republic of Korea, Cuba, Guatemala and Colombia.

MAX VAN DER STOEL, Special Rapporteur on the human rights situation in Iraq, introducing his latest report, said his task over the last five years as Special Rapporteur had been neither easy nor pleasing. What he had found in Iraq upon assuming his mandate had moved him to conclude that the situation there was one of the worst since the Second World War. Five years later, he remained convinced of that position. Simply put, he had observed no indication of a significant improvement in the situation of human rights in Iraq. To the contrary, he had observed only intransigence on the part of the Government, which had denied the facts, refused to accept its responsibilities and had rejected out of hand both his conclusions and recommendations.

He said the Government, which had stopped cooperating with him, maintained pervasive control in the country. Arbitrary and often brutal interference on the part of security forces in the daily lives of the Iraqis remained the order of the day and had been exacerbated by the general economic deterioration. There was no rule of law, and the freedoms of opinion and expression in particular had been totally suppressed. The cruel and unusual punishments of amputation and disfigurement continued to be applied in 1995. The regime was a totalitarian system which admitted no opposition.

He said the material situation in the country was terrible, with large numbers of innocent people in great need. The Government was responsible for great suffering in so far as it had refused to cooperate with the United Nations to bring adequate humanitarian assistance. He urged the Government to swiftly conclude ongoing discussions with the United Nations on the "oil-for-food" formula contained in Security Council resolution 986 (1995). Until the implementation of that formula came to pass, or until the Government complied with other relevant Security Council resolutions to bring an automatic lifting of sanctions, the regime was to be held responsible for a gross violation of its human rights obligations.

MOHAMMED ABDULLA AL-DOURI (Iraq) said that ever since undertaking his mission, the Special Rapporteur on Iraq had adopted a hostile attitude against the Government. He lacked the necessary traits of non-selectivity, neutrality, and objectivity. He had intentionally affronted the Government, as demonstrated by his adoption of a provocative approach in presenting his reports and by his dependence on inaccurate information, which he obtained from missions he sent to places where the so-called "Iraqi opposition" was concentrated.

Iraqi institutions were most keen on fostering human rights, he continued, but a favourable environment was needed, and Iraq was faced with

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very difficult circumstances since the international economic embargo had been imposed on it beginning in 1990. No military operations of any kind had taken place in the marsh areas or southern governorates, despite the Special Rapporteur's claims, and there had been no "uprising" in the city of Ramadi, as he falsely reported. His allegations and figures regarding disappeared persons were exaggerated and even fabricated. Only regarding the human rights effects of the international embargo had the Special Rapporteur told the truth, and the first step towards improving human rights in the country must be the lifting of the embargo.

LEONARD LEGAULT (Canada) said Canada hoped Iraq would finally agree to sell limited quantities of oil to buy humanitarian goods and ease the hardships of the Iraqi people, and that Iraq would cease continuing government violence against Shia and Kurdish minorities. In Iran, there had been some progress towards political pluralism, but the situation of religious minorities remained troubling and must be improved, and Iranian authorities must cease support for terrorist groups opposed to the peace process in the Middle East. A special rapporteur should be appointed to investigate the situation in Nigeria, and in Rwanda, perpetrators of genocide must be brought to justice. There also were serious human rights problems deserving attention in Zaire, Sudan, India, Myanmar, China, Indonesia, Viet Nam, El Salvador, Guatemala, Cuba, Colombia, Peru, the former Yugoslavia, and the Russian Federation.

Much had been said recently about "selectivity " and "double standards" in human rights, he said. Certainly, there was selectivity when a government picked among the fundamental rights it would recognize. And there was a double standard when a government devalued the humanity of its own people by denying them the dignity and freedom they were entitled to.

HOWARD BAMSEY (Australia) said the Commission's ability to scrutinize human rights issues was a crucial test of its credibility. International activity on human rights had led to the realization and acceptance that international scrutiny of human rights abuses around the world was appropriate and desirable. Australia regretted that some governments -- notably those of Cuba, Sudan and Iraq -- had not cooperated with the Commission's mechanisms. Australia had also been distressed at the failure of the Nigerian military regime to observe internationally accepted human rights standards.

Turning to the situation in countries in the Asian and Pacific region, Mr. Bamsey said Australia was concerned about the situation in Myanmar, While Daw Aung San Suu Kyi and some other political prisoners had been freed, much remained to be done. In China, the observance of human rights was important for the strengthening of stability and continued economic growth. China had made considerable progress in economic and social areas but Australia remained concern about the fundamental rights there, including the freedoms of speech and assembly, the right to a fair trial and religious liberty, especially

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within Tibet. As for the situation in East Timor, the Indonesian Government had made considerable efforts to improve the economy of the island. Nevertheless, Australia remained concerned about human rights problems there. Australia had also registered with the Papua New Guinea Government concern at the situation on Bougainville.

MUSA BIN HITAM (Malaysia) said a close look at the Commission's actions under this agenda item revealed that the more unfavourable, in a political sense, a country was to the dominant powers that be, the more severe a reprimand it suffered. The more politically acceptable a country was to the dominant powers, the less censure it received. The less political or economic interest the dominant powers had in a country, or the more remote such a country was from the dominant powers, the less action was taken and the less fuss was made about human rights abuses, never mind that sufferers numbered in the tens of thousands. And if the alleged abuser was a Muslim country, extra points were scored against it. The scenario was so obvious that one sometimes wondered if the Commission should not be called the "Commission to Ensure Big Power Dominance". Hope and faith in peace and respect for human rights could only be achieved when the international community's behaviour was based on justice and the rule of law, without selectivity.

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