HUMAN RIGHTS COMMISSION 'DEEPLY CONCERNED' OVER SITUATION IN CHECHNYA

Press Release
HR/CN/751

HUMAN RIGHTS COMMISSION 'DEEPLY CONCERNED' OVER SITUATION IN CHECHNYA

The Commission on Human Rights this morning expressed its deep concern that the disproportionate use of force by the Russian Federation's armed forces in Chechnya continued to lead to the grave violation of human rights and international humanitarian law. In a consensus Chairman's statement, the Commission declared itself deeply preoccupied that despite the latest peace initiative by Russian President Boris Yeltsin, a lasting cease-fire had not been carried out on the ground. The forum called for immediate contacts between the two parties with the aim of finding a peaceful solution to the conflict, consistent with respect for the territorial integrity and the Constitution of the Russian Federation. In a report on the human rights situation in Chechnya, the Secretary- General transmitted to the Commission information from the Government of the Russian Federation, from United Nations human rights mechanisms and procedures and from intergovernmental and non-governmental organizations. An addition to the report contains information on the March visit to Moscow of Fausto Pocar, the envoy of the High Commissioner for Human Rights. Mr. Pocar held talks with Russian authorities on practical matters concerning the functioning in the Russian Federation of a United Nations human rights presence, especially with regard to the situation in the Chechen Republic.

This morning, the Commission also adopted two resolutions -- on follow-up to the 1993 World Conference on Human Rights and on strengthening the office of the High Commissioner for Human Rights and the Geneva-based Centre for Human Rights -- and so approached the conclusion of its substantive work for this fifty-second session.

Negotiations are continuing on three remaining draft resolutions, to be considered in the next meeting of the Commission.

Chairman's Statement on Situation in Chechnya The Commission on Human Rights, having examined the report of the Secretary General (documents E/CN.4/1996/13 and Add.1), recalled its presidential statement of 1995 in connection with the grave situation of human rights in the Republic of Chechnya of the Russian Federation. The Commission

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was deeply concerned that in spite of its urgent call, the disproportionate use of force by the Russian Federation Armed Forces, resulting in a high number of civilian casualties, continued leading to the grave violations of human rights, as well as of international humanitarian law. The Commission remained deeply preoccupied with the continued fighting and despite the latest peace initiative by President Boris Yeltsin, noted that a lasting cease-fire had not been carried out on the ground. Accordingly, the Commission called for an immediate and permanent cessation of bombardment of civilian towns and villages; condemned all violations or abuses of human rights and international humanitarian law; and called for all those who had committed violations of human rights and other crimes to be brought to justice. The Commission urged the parties concerned to respect fully the principles of international law and called urgently for an immediate and lasting cessation of hostilities, violations of human rights and other acts of violence; called for immediate contacts between representatives of the parties with the aim of finding a peaceful solution to the conflict, consistent with respect for the territorial integrity and the Constitution of the Russian Federation; reiterated that the fundamental human rights of the people of the Republic of Chechnya should be upheld; and called for the holding of free and democratic elections in due time.

The Commission also stressed the important role of the Organization for Security and Cooperation in Europe (OSCE) and its assistance group in accordance with its mandate in the peaceful settlement of the conflict and the implementation of a peace plan. It further called for unhindered delivery of humanitarian aid and free access by international humanitarian organizations; called for the immediate release of all those detained in connection with the conflict and urged that in the interim they receive treatment in conformity with international humanitarian law; and called for the International Committee of the Red Cross (ICRC) to be permitted to have regular access to all detainees. The Commission acknowledged the cooperation of the Russian Federation with the High Commissioner for Human Rights and the special mechanisms of the Commission and encourages the Government of the Russian Federation to continue its cooperation with them.

The Commission requested the Secretary-General to report on the human rights situation in Chechnya during its fifty-third session.

Action on Draft Resolutions, Decisions By a resolution on the strengthening of the Office of the United Nations High Commissioner for Human Rights/Centre for Human Rights (document E/CN.4/1996/L.65), the Commission requested the Secretary-General to make available additional human and financial resources from within the overall regular budget of the United Nations and to enhance the capability of the High Commissioner and the Centre to fulfil effectively their mandates. The

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Commission also decided to consider the question again, including measures taken in furtherance of the present resolution, at its fifty-third session.

HEMANT KRISHNA SINGH (India), speaking on the text, said some delegations were fully informed of the most intricate details of the restructuring process currently under way. However, some delegations of developing countries should also, like their Western colleagues, not only be briefed of changes affecting priorities and mandates, but also be in a position where their views were sought and taken into account. India hoped that the High Commissioner would maintain close contacts with developing countries throughout the restructuring process and not merely through formal or informal briefings. NATHAN IRUMBA (Uganda) said the text of the resolution called for increased resources to be given to the Centre. While Uganda supported increased resources for the Centre, it considered that it should not be done at the expense of United Nations funding for other development-oriented activities. XINSHENG LIU (China), speaking on the resolution, expressed the hope that the Office of the High Commissioner would pay attention to the right to development of developing countries when considering the changes in priority of his mandate. LUIS LILLO (Chile), in an explanation of vote, said his delegation had joined in the consensus on the resolution on human rights and terrorism adopted on 19 April, but wished to make it clear that the concept of human rights violations was institutional in nature, and the basis for violations could be imputed only to governments and their agents. The actions of terrorist groups, no matter how repugnant, were criminal acts that should be combatted through criminal legislation and criminal penalties; casting terrorist acts in the framework of human rights violations had the effect of diluting the responsibility of States for human rights promotion.

SYRUS QAZI (Pakistan), speaking on the resolution on human rights and terrorism, said his country was resolutely opposed to terrorism wherever, and by whomever, it was committed. Like many other States, Pakistan was facing terrorism sponsored from abroad. Pakistan was happy to note the clarification given by the representative of Turkey when introducing the resolution and requested that the statement of that delegation should be reflected in the report of the Commission.

PAOLO TORELLA DI ROMAGNANO (Italy), speaking on behalf of the European Union, said the Union had reservations to the resolution on human rights and terrorism; the Union had unequivocally condemned all acts of terrorism, as criminal acts, for whatever reason they were carried out. It was important to note that the fight against terrorism could not be used by States as an excuse for violations of human rights; all measures to counter terrorism must be in strict conformity with international human rights standards. The assertion

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that terrorist acts constituted human rights violations could not be accepted by the European Union; terrorist acts were criminal acts. None the less, the European Union, which had the greatest concern and sympathy for victims of terrorism, had joined consensus on the resolution.

KONISHI MASAKI (Japan), referring to the resolution on the strengthening of national institutions for the promotion and protection of human rights, said financial assistance in that regard should be provided through the regular budget of the United Nations for advisory services and technical cooperation, rather than through the Voluntary Fund for Technical Cooperation in the Field of Human Rights.

GERALDINE A. FERRANO (United States) said terrorism would be better dealt with in other United Nations bodies, such as the Sixth Committee of the General Assembly. The United States had not broken consensus on the resolution on terrorism, but worried that the resolution would not help the battle against terrorism -- it might actually complicate it. In a sense, it gave undeserved credibility to terrorists, of the sort they desperately sought. The Commission should be careful not to send misleading messages on terrorism.

In a resolution on evaluation of the human rights programme of the United Nations system, in accordance with the Vienna Declaration and Programme of Action (document E/CN.4/1996/L.94), the Commission encouraged the General Assembly to continue its current examination of the proposed revisions to the medium-term plan of the human rights programme of the United Nations system with a view to its early adoption; stressed the need for United Nations bodies responsible for the revision to ensure full reflection of the Vienna Declaration and Programme of Action and of all mandates established by decisions of the competent bodies in the field of human rights; also stressed that the process of restructuring the Centre for Human Rights should ensure the full implementation of the Vienna Declaration and such mandates; and requested the Secretary-General to continue to organize meetings, at least twice a year in Geneva, with all interested States to provide information and exchange views on the activities conducted by the Centre and the process of its restructuring.

In a decision on its organization of work, the Commission decided that, unless otherwise indicated in resolutions adopted by the fifty-second session, special rapporteurs, special representatives, independent experts, and working groups were expected to report to the fifty-third session, irrespective of whether or not the relevant resolutions made explicit reference to that reporting obligation.

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