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HR/CN/752

COMMISSION EXPRESSES CONCERN OVER HUMAN RIGHTS VIOLATIONS IN IRAN; HEARS CHAIRMAN'S STATEMENT ON LIBERIA

26 April 1996


Press Release
HR/CN/752


COMMISSION EXPRESSES CONCERN OVER HUMAN RIGHTS VIOLATIONS IN IRAN; HEARS CHAIRMAN'S STATEMENT ON LIBERIA

19960426 GENEVA, 24 April (UN Information Service) -- The Commission on Human Rights expressed concern this afternoon over a wide range of human rights violations in Iran in a resolution adopted by roll-call vote after last-minute negotiations failed to achieve consensus.

The resolution cited abuses involving administration of justice, torture, discriminatory treatment of religious minorities -- notably the Baha'is, whose existence as a viable religious community in the Islamic Republic of Iran was termed "threatened" -- violations of the right to peaceful assembly and restrictions on the freedom of expression, thought, opinion and the press. The text also welcomed the invitation extended by the Government of Iran to the Commission's Special Representative on the situation of human rights in the country to visit Iran, as well as an invitation to the Special Rapporteur on the right to freedom of expression and association.

The representative of Iran said there had been substantial progress in negotiations on the resolution, but due mainly to the politically motivated inflexibility of a few western States, consensus had not been reached. The measure was infused with fingerpointing, name calling and politicization, did not recognize that the situation had changed, he added.

The Commission also adopted measures on children's rights and its organization of work. In addition, in a Chairman's statement on the situation of human rights in Liberia, the main United Nations human rights forum deplored the indiscriminate destruction of life, limb and property in that country. The statement termed it unacceptable that in spite of various agreements signed by the warring factions committing themselves to a cease- fire and the pursuit of a peace process, there was increasing resort to arms. It also called for increased technical and financial assistance to the country.

Action on Draft Resolutions

Through a statement by the Chairman, the Commission noted with grave concern the deterioration of the political, economic and social situation in Liberia; deplored the indiscriminate destruction of life, limb and property which had necessitated, inter alia, the evacuation of foreign nationals

including United Nations personnel; considered it unacceptable that, in spite of various agreements signed by the warring factions committing themselves to a cease-fire and the pursuit of an agreed-upon peace process, there was increasing resort to arms; and appealed to all actors to multiply their efforts to bring the warring factions to live up to their commitments and to exercise the utmost restraint in the interests of peace.

The Commission also called upon all States of the United Nations system, intergovernmental organizations and non-governmental organizations to provide Liberia with technical and financial assistance to cope with the humanitarian situation and to provide the Monitoring Group of the Economic Community of West African States with the necessary support to enable it to carry out its mandate; and expressed its appreciation to the Secretary-General, his Special Representative and all United Nations Observation Mission in Liberia personnel.

In a statement by Chairman Gilberto Vergne Saboia in reference to a draft decision on the Commission's organization of work (document E/CN.4/1996/L.2), the Commission expressed the view that a more concerted and systematic effort should be made to ensure that decisions of the Commission were taken on the basis of the broadest possible support and whenever possible without a vote. Resolutions and decisions adopted by consensus not only carried more weight, morally and politically, but also were more often effective in engaging the cooperation of the States and parties concerned. Preference for consensus did not mean a change of the rules of procedure of the Commission, nor the elimination of voting as an acceptable way of taking decisions when there clearly was no possibility of achieving consensus. The Chairman wished to express satisfaction that there was general agreement with regard to the need to continue efforts for promoting consensus and with a view to reducing the level of politicization of the Commission. Such efforts could be facilitated by holding frequent informal meetings.

Under the terms of the draft, the Commission would have decided that the adoption of decisions and resolutions should, without prejudice to its rules of procedure, be based on consensus, voting being reserved only for cases where consensus was not reached after all efforts to that end had been exhausted. The draft was withdrawn following the Chairman's statement.

BERNARD A.B. GOONETILLEKE (Sri Lanka), speaking on behalf of the co-sponsors of the text on the organization of work, said the draft had been submitted with the genuine desire to promote cooperation and transparency. The co-sponsors would not insist on taking action on the draft during the current session in view of open-ended consultations undertaken to find a solution to taking decisions. The co-sponsors were willing for a decision to be deferred until the next session of the Commission.

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In a resolution on the situation of human rights in Iran (E/CN.4/1996/L.42), the Commission expressed its concern at the continuation of violations in the country, in particular the failure to meet international standards with regard to the administration of justice, notably with respect to pre-trial detention and the right of accused persons to defence lawyers, subsequent executions in the absence of guarantees of due process of law and cases of torture and cruel, inhuman and degrading treatment or punishment; the discriminatory treatment of minorities by reason of their religious beliefs, notably the Baha'is, whose existence as a viable religious community in the Iran was threatened; lack of adequate protection for some Christian minorities, some members of which had been the target of intimidation and assassinations; and violations of the right to peaceful assembly and restrictions on the freedom of expression, thought, opinion and the press, including the intimidation and harassment of journalists.

The Commission called upon the Government of Iran to implement fully the conclusions and recommendations of the Special Rapporteur on religious intolerance relating to the Baha'is, and to other minority religious groups, including Christians, to the human rights of women, and in relation to the imposition of the death penalty; expressed grave concern that there were continuing threats to the life of Salman Rushdie, as well as to individuals associated with his work, which had the support of the Government of Iran; urged the Government to refrain from activities against members of the Iranian opposition living abroad; urged the Government to abide by its obligations as a party to the International Covenants on Human Rights and related instruments; called upon it to continue to cooperate with the Special Representative of the Commission, including by allowing him continued free access to the country; and decided to extend the mandate of the Special Representative for another year.

The above resolution was carried by a roll-call vote of 24 in favour to 7 against (Bangladesh, China, Cuba, India, Indonesia, Malaysia and Pakistan) with 20 abstentions.

SIROUS NASSERI (Iran) said that for the last few days intensive negotiations had been held with the European Union with the aim of arriving at an understanding at how the Commission could respond to the full understanding extended by Iran. There had been substantial progress in many areas, but due mainly to the politically motivated inflexibility of a few western States, consensus had not been reached. The existing practice of the European Union, where draft resolutions were worked up, consulted on and agreed upon before presentation to the parties concerned, had been an obstacle. The resolution seemed to be intended for discontinuation of cooperation on the situation in Iran. The Special Representative and the special rapporteurs who had visited Iran had recommended continued cooperation, but the resolution was infused with fingerpointing, name calling and politicization; it was based on language

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from older resolutions and did not recognize that the situation had changed. Iran was prepared to respond positively to constructive measures of the Commission. The Commission should, instead of adopting this resolution, adopt a measure that would truly promote human rights in Iran.

GERALDINE A. FERRARO (United States) said the grave violation of human rights in Iran continued to give cause for concern, particularly the persecution of the Baha'i community. The latest example of this was the decision of the Iranian Supreme Court to condemn to death two members of the Baha'i faith arrested without charge seven years ago for practising their religion. The United States called upon Iran to release them and generally to emancipate the Baha'i people.

MUNIR AKRAM (Pakistan) said the resolution on Iran had become a hardy perennial at the Commission. The Government of Iran had extended cooperation to the Commission, and the reports submitted to the forum reflected improvements in the situation in Iran. It was unfortunate that the draft resolution did not reflect adequately the progress that had been made and the cooperative attitude of the Government. Pakistan was most unhappy that consultations aimed at reaching a consensus resolution had failed and hoped Iran would continue its cooperative approach on the issue, despite the resolution. Pakistan would vote against the measure.

HEMANT KRISHAN SINGH (India) said extensive consultations had been held between the co-sponsors of the draft resolution and Iran in order to achieve consensus, but they had not been successful in resolving all areas of conflict. India urged that greater efforts continue to be made in this regard, particularly in the light of the cooperation shown by Iran. It was important for resolutions of this nature to be adopted by consensus in order to avoid confrontation. India would not support the resolution.

REDA BEBARS (Egypt), explaining his delegation's position on the resolution concerning the human rights situation in Iraq adopted yesterday, said his delegation was certainly committed to the promotion of human rights and fundamental freedoms throughout the world, and thus Egypt requested Iraq to free the Kuwaiti detainees it held. Concerning the sending of human rights observers to the country, that required taking into account the view of the country concerned. In view of that, the Egyptian delegation had abstained from voting on the resolution.

LUCIANO TOUBLANC (Mexico), referring to the resolution on the situation of human rights in Cuba adopted yesterday, said the political will for international cooperation on human rights should be based on objectivity and non-selectivity; Mexico considered that cooperation was the best way to approach human rights in Cuba, and that was why Mexico had abstained on the resolution.

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By a resolution on the rights of the child (document E/CN.4/1996/L.43/Rev.1), the Commission recommended that within their mandates, special rapporteurs, special representatives and working groups of the Commission and the Subcommission on the Prevention of Discrimination and Protection of Minorities pay special attention to particular situations in which children were in danger, including the plight of street children, exploitation of child labour, children in armed conflicts, refugee and internally displaced children as well as children who were the victims of sale, child prostitution and child pornography or other forms of child abuse and that they take into account the work of the Committee on the Rights of the Child.

The Commission also requested the Secretary-General to transmit the report of the working group on a draft optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts to Governments, relevant specialized agencies and intergovernmental and non-governmental organizations, the International Committee of the Red Cross, and the expert appointed by the Secretary-General to undertake a study on the impact of armed conflicts on children; and called upon governments to take legislative, administrative, social and educational measures to ensure the protection of children from economic exploitation, in particular protection from performing any work that was likely to be hazardous or to interfere with the child's education or to be harmful to the child's health or physical, mental, spiritual, moral or social development.

HEMANT KRISHAN SINGH (India), speaking on the resolution before it was adopted, said the text covered a broad range of subjects of interest to the entire international community. The process of consultation to reach consensus on the text had been extensive. India would support the resolution, although there were still a few areas which gave cause for concern. For example, there seemed to be confusion of the symptoms of poverty with direct human rights violations, particularly as the issues of child labour and street children were concerned. It was hoped this could be addressed at the next session of the Commission to ensure that all rights of the child were covered.

OLIVIA V. PALALA (Philippines) said negotiations on the resolution had resulted in addition of consideration of the problem of child-sex tourism, and although the Philippines would have preferred mention of the problem in the operative paragraphs of the resolution, it was now prepared to accept consensus on the measure.

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For information media. Not an official record.