COMMISSION ACTS TO INCREASE PROMOTION AND PROTECTION OF HUMAN RIGHTS IN GUATEMELA, HAITI, CAMBODIA, SOMALIA

29 April 1996

Press Release
HR/CN/746

COMMISSION ACTS TO INCREASE PROMOTION AND PROTECTION OF HUMAN RIGHTS IN GUATEMELA, HAITI, CAMBODIA, SOMALIA

19960429 Adopts 27 Resolutions and One Decision by Consensus

GENEVA, 19 April (UN Information Service) -- The Commission on Human Rights this afternoon adopted measures aimed at strengthening the promotion and protection of human rights in Guatemala, Haiti, Cambodia and Somalia. As it neared the end of its annual session, the main United Nations human rights body also agreed on calls to promote the rights of women, indigenous people and people with HIV/AIDS.

The Commission's recommendations were contained in 27 resolutions and one decision adopted by consensus. Under the terms of a resolution on assistance to Guatemala in the field of human rights, the Commission exhorted the country's Government to intensify investigations to identify all those responsible for violations of human rights and to bring them to justice. The Commission also called on the Government and the Unidad Revolucionaria Nacional Guatemalteca (URNG) to find a just solution to the demands of the Guatemalan people in general and the indigenous communities in particular.

Another resolution urged the Government of Haiti to intensify the ongoing process of judicial reform, especially through the modernization of civil legislation, the training of judges and government commissioners and the teaching of international humanitarian law and human rights. Through another resolution, the Commission called on the Government of Cambodia to uphold the effective functioning of democracy in the run-up to communal and National Assembly elections in 1997 and 1998, respectively. The Commission urged the Government to investigate cases of violence and intimidation directed against political parties and media personnel and to bring to justice those responsible. By another text, the parties in Somalia were strongly urged to respect human rights and humanitarian law, to apply criminal justice standards and to protect United Nations personnel, humanitarian relief workers and representatives of the international media.

Under other texts, the Commission called for intensified international efforts to integrate the equal status and human rights of women into the mainstream of United Nations system-wide activity; welcomed the General

Assembly's affirmation that a major objective of the International Decade of the World's Indigenous People was the adoption of a declaration on the rights of indigenous peoples and the creation of a permanent forum for indigenous people within the United Nations system; and called upon all States to ensure that their laws, policies and practices did not inhibit programmes for the prevention of HIV/AIDS and for the care of infected persons.

Action on Drafts

The Commission, determined to promote the full implementation of the prohibition under international and national law of any practice of torture and other cruel, inhuman or degrading treatment or punishment, emphasized in a resolution adopted without a vote the obligation of States parties under article 10 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to ensure education and training for personnel who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment. It called upon the High Commissioner for Human Rights, in conformity with his mandate to provide, at the request of governments, advisory services and technical assistance for that purpose. The Commission further reminded all States that prolonged incommunicado detention might facilitate the perpetration of torture and could in itself constitute a form of cruel, inhuman or degrading treatment, and invited the Special Rapporteur to examine questions concerning torture directed primarily against women and children.

In a resolution on independence and impartiality of the judiciary, jurors, and assessors, and the independence of lawyers, the Commission welcomed the numerous exchanges the Special Rapporteur on independence of judges and lawyers had with several intergovernmental and international organizations and United Nations bodies, and urged him to continue along this path; noted with appreciation the determination of the Special Rapporteur to achieve as wide a dissemination as possible of information about existing standards relating to independence and impartiality of the judiciary; and invited the High Commissioner for Human Rights to continue to provide technical assistance to train judges and lawyers and to associate with the Special Rapporteur in the elaboration of a manual on training for such persons in the field of human rights.

The Commission also urged all governments to assist the Special Rapporteur and encouraged those that faced difficulties in guaranteeing the independence of judges and lawyers, or that were determined to implement the principles further, to consult with the Special Rapporteur and to invite him to visit their countries.

By another resolution, the Commission called upon the international community to give increased attention to the right to restitution,

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compensation and rehabilitation for victims of grave violations of human rights and fundamental freedoms and requested States that had not yet done so to provide information to the Secretary-General on their legislation relating to that issue.

Through a resolution on the question of human rights and states of emergency, the Commission recommended that the Economic and Social Council approve the request of the Subcommission on Prevention of Discrimination and Protection of Minorities that the Special Rapporteur on human rights and states of emergency continue to update lists of States which have proclaimed, extended or terminated states of emergency, and continue his consultations on the establishment of a database on states of emergency and related human rights questions.

In a resolution on the question of a draft optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment that would provide for inspection visits to places of detention in countries that accepted the protocol, the Commission took note of the report of the working group on the subject and warmly welcomed the conclusion of a first reading of the draft. It requested the open-ended working group to meet for a period of two weeks prior to the Commission's next session, to continue its work, including the beginning of a second reading; and recommended a draft resolution to that effect to the Economic and Social Council for adoption.

Under the terms of a resolution on the Working Group of the Commission to elaborate a draft declaration on the rights of indigenous peoples, the Commission recommended that the working group meet for 10 working days prior to the Commission's next session, the cost of the meeting to be met from within existing resources. Organizations of indigenous people which were not already registered were encouraged to participate in the working group and apply for authorization. The Commission recommended a draft resolution calling for those steps to be adopted by the Economic and Social Council.

In a resolution on the International Decade of the World's Indigenous People, the Commission welcomed the affirmation by the General Assembly that a major objective of the Decade was the adoption of a declaration on the rights of indigenous people and the creation of a permanent forum for indigenous people within the United Nations system. It recognized the importance of strengthening the human and institutional capacity of indigenous people to develop their own solutions to their problems. Governments were encouraged to support the Decade and to contribute to the Fund for the Development of Indigenous Peoples of Latin America and the Caribbean. The Commission appealed to members of the international community to support the decade by identifying resources for activities to implement the goals of the Decade, particularly in cooperation with indigenous people.

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In a decision on the study of treaties, agreements and other constructive arrangements between States and indigenous populations, the Commission endorsed the recommendation of the Subcommission to request the Special Rapporteur on the topic to submit a second progress report to the Working Group on Indigenous Populations at its thirteenth session and to the Subcommission at its forty-seventh session. It also decided to request the Secretary-General to provide resources to the Special Rapporteur for specialized research assistance and for necessary visits to Geneva for consultation with the Centre for Human Rights, and for a field mission.

GERALDINE FERRARO (United States) said Subcommission guidelines called for studies to be completed in three years, but this study had gone on since 1988. It was time to complete it. In addition, the financial requests seemed excessive, especially at a time when funds were short and other Special Rapporteurs also had important work to do. The United States would not break consensus, but hoped the Subcommission would bring this study into line with its guidelines.

By a resolution on the report of the Working Group on Indigenous Populations of the Subcommission on Prevention of Discrimination and Protection of Minorities, the Commission recommended to the Economic and Social Council that the Working Group be authorized to meet for five working days prior to the forty-eighth session of the Subcommission; urged the Working Group to continue its comprehensive review of developments involving indigenous people and welcomed its proposal to highlight at its fourteenth session the question of indigenous people and health; recommended that the Chairperson-Rapporteur address the concept of indigenous people, taking into account the views of governments and organizations of indigenous people; invited the Working Group to consider ways of enhancing the contribution to its work of the expertise of indigenous people; and invited the Working Group to include in its future work the review of international activities undertaken during the International Decade of the World's Indigenous People.

In a resolution on a permanent forum for indigenous people in the United Nations system, the Commission invited governments to express their views concerning the question of the establishment of a permanent forum for indigenous people; requested the Secretary-General to ensure, from within existing resources, that a review of the existing mechanisms, procedures and programmes within the United Nations concerning indigenous people be conducted and the results transmitted to governments, relevant intergovernmental organizations and organizations of indigenous people for their comments well in advance of the Assembly's next session.

The Commission further requested the Subcommission's Working Group on Indigenous Populations at its fourteenth session to continue to give priority to consideration of the possible establishment of a permanent forum for

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indigenous people and to submit its further comments and suggestions to the Commission at its next session.

Through a resolution on preparations for the fiftieth anniversary of the Universal Declaration on Human Rights, the Commission invited governments to review and assess progress made in the field of human rights since the adoption of the Universal Declaration, to identify obstacles to achieving progress and ways in which they could be overcome, and to undertake additional efforts to develop programmes of education and information to disseminate the text of the Declaration. It called upon relevant United Nations organs and agencies to make an assessment of and put forward pertinent conclusions on the state of implementation and the impact of existing human rights instruments and invited them to mark the anniversary by intensifying their own contributions to the United Nations system-wide efforts to promote and protect human rights. Non-governmental organizations and national institutions were invited to participate fully in the preparation of the fiftieth anniversary of the Universal Declaration, and to communicate their observations and recommendations to the High Commissioner for Human Rights.

In a resolution on the protection of human rights in the context of HIV/AIDS, the Commission called upon all States to ensure, when necessary, that their laws, policies and practices, including those introduced in the context of HIV/AIDS, respected human rights standards, prohibited discrimination and did not have the effect of inhibiting programmes for the prevention of HIV/AIDS and for the care of persons infected, particularly women, children and vulnerable groups. States were called upon to take steps to ensure full enjoyment of civil, political, economic, social and cultural rights by people living with HIV/AIDS, their families and associates, and people presumed to be at risk of infection. They were also called upon to take steps, in particular through appropriate education and information for all individuals, including children and adolescents, to facilitate informed and responsible behaviour.

In addition, the Commission urged all United Nations human rights bodies to keep under review the protection of HIV-related human rights in relation to their respective mandates and to monitor States parties' compliance with human-rights commitments to reduce vulnerability to HIV/AIDS and to protect the rights of people infected. It called upon relevant professional bodies to reexamine their codes of professional practice to strengthen respect for human rights and dignity in the context of HIV/AIDS. Tthe Joint United Nations Programme on HIV/AIDS was urged to continue the process of incorporating a strong human rights component into all its activities and to establish and maintain close cooperation with the Centre for Human Rights.

PETER VAN WULFFTEN PALTHE (Netherlands) said his delegation did not wish to block the consensus on the resolution but the Netherlands had not been able

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to co-sponsor it because the text lacked any reference to immigration restrictions applying to persons infected with HIV/AIDS.

By a resolution on the United Nations Decade for Human Rights Education, the Commission requested the High Commissioner for Human Rights to accelerate, within existing resources, the implementation of the Plan of Action of the Decade and, in particular, to encourage and facilitate the establishment of national plans of action, focal points and centres of human rights education in Member States in accordance with national conditions.

The Commission also invited the High Commissioner to seek the views of States on ways and means to increase support to the Decade, with special emphasis on activities of non-governmental organizations in the field of human rights education, and on the advisability of establishing a voluntary fund for this purpose, and to include this information in his report to the Commission's next session.

ANTONIO DE ICAZA (Mexico) said his delegation had supported the resolution because it agreed with its spirit. However, it would have liked the text to express the need for the establishment of national education plans to be carried out in accordance with domestic legislation. Furthermore, the urgency expressed to human rights organizations should be clearly set out.

In a resolution on the Olympic ideal, the Commission maintained its support for the international Olympic ideal on the eve of the centenary of the revival of the Olympic Games in 1896 in Athens; recognized that the International Olympic movement had exemplified excellence through education and cultural expression; and urged all States to allow the equal and full participation, without any discrimination, of women and men in the Olympic Games.

Concerning a resolution on human rights and thematic procedures, the Commission commended those governments that had invited the thematic special rapporteurs or working groups to visit their countries; encouraged governments to respond expeditiously to requests for information made to them through the thematic procedures and encouraged all governments to cooperate more closely with the Commission through the pertinent thematic procedures and, where appropriate, by inviting a thematic special rapporteur or working group to visit their countries.

The Commission also encouraged the High Commissioner further to strengthen cooperation among the thematic special rapporteurs, representatives, experts, members and chairpersons of working groups of the Commission and other relevant United Nations bodies with a view to promoting greater efficiency and effectiveness through better coordination. Thematic special rapporteurs and working groups were called upon to include regularly

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in their reports gender-disaggregated data and to address the characteristics and practice of human rights violations under their mandates that were specifically or primarily directed against women, or to which women were particularly vulnerable, in order to ensure the effective protection of their human rights. The Commission requested the Secretary-General to consider the possibility of convening further periodic meetings of all the thematic special rapporteurs and the chairmen of working groups.

By a resolution on human rights and terrorism, the Commission reiterated the unequivocal condemnation of all acts, methods and practices of terrorism, regardless of their motivation, in all its forms and manifestations, wherever and by whomever committed, as acts of aggression aimed at the destruction of human rights, fundamental freedoms and democracy, threatening the territorial integrity and security of States, destabilizing legitimately constituted governments, undermining pluralistic civil society and having adverse consequences on the economic and social development of States.

The Commission called upon States to take all necessary measures, in accordance with relevant provisions of international law and international standards of human rights, to prevent, combat and eliminate terrorism, wherever and by whomever committed. It urged the international community to enhance cooperation in the fight against terrorism with the aim of its eradication. It further urged all thematic special rapporteurs and working groups to address as appropriate the consequences of the acts, methods and practices of terrorist groups in their forthcoming reports to the Commission. The Secretary-General was requested to continue to collect information on that question from all relevant sources.

HOCINE MEGHLAOUI (Algeria) said it was not sufficient for the Commission to content itself with referring to the mechanisms of terrorists groups; it should condemn terrorist groups.

LUCIANO JOUBLANC (Mexico) said Mexico condemned terrorism entirely. Such acts affect the state of law, and democratic institutions. The recurrence of terrorist acts caused serious damage to human rights, and therefore serious punishment must be meted out to terrorists. It was important that the resolution identify terrorist acts as violating human rights, and not merely as criminal acts.

Concerning a resolution on the question of integrating the human rights of women throughout the United Nations system, the Commission called for intensified international efforts to integrate the equal status and human rights of women into the mainstream of United Nations system-wide activity. It encouraged the efforts made by the High Commissioner for Human Rights to coordinate the activities of relevant United Nations organs, bodies and mechanisms dealing with human rights in considering violations of the human

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rights of women. It encouraged the further strengthening of cooperation and coordination between the Commission and the Commission on the Status of Women, and between the Centre for Human Rights and the Division for the Advancement of Women. It welcomed the report of the expert group meeting on the development of guidelines for the integration of a gender perspective into human rights activities and programmes.

In a resolution on the elimination of violence against women, the Commission, condemned all acts of gender-based violence against women and called for the elimination of gender-based violence in the family, within the general community and where perpetrated or condoned by the State. It also emphasized the duty of governments to refrain from engaging in violence against women, to take appropriate and effective action concerning acts of violence against women, whether those acts were perpetrated by the State or by private persons, and to provide access to just and appropriate remedies and to specialized assistance to victims.

The Commission further condemned all violations of the human rights of women in situations of armed conflict which were recognized to be violations of international human rights and humanitarian law, and called for a particularly effective response to violations of this kind, including in particular murder, systematic rape, sexual slavery and forced pregnancy. It stressed that States had a duty to promote and protect the human rights of women and should exercise due diligence to prevent violence against women, including violence against women in the family. It reminded governments of their obligation to ensure that the Convention on the Elimination of All Forms of Discrimination against Women was fully implemented with regard to violence against women. Governments were requested to support initiatives of women's organizations and non-governmental organizations all over the world to raise awareness on the issue.

DOLORES JIMENEZ (Mexico) said the delegation had doubts about placing domestic violence on the same footing as other human rights violations. Otherwise, the text of the resolution was satisfactory and acceptable.

By a resolution on national institutions for the promotion and protection of human rights, the Commission encouraged Member States to establish or, where they already exist, to strengthen such institutions. It requested the Secretary-General to continue to give a high priority to requests from Member States for assistance in the establishment and strengthening of national institutions as part of the programme of advisory services and technical assistance in the field of human rights. The Commission took note of the role of the Coordinating Committee created by national institutions at the second International Workshop on National Institutions for the Promotion and Protection of Human Rights, held in Tunis from 13 to 17 December 1993, and requested the Secretary-General to convene,

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within existing resources, a further international workshop on national institutions for the promotion and protection of human rights, to be held, if possible, in Latin America during 1996 or 1997. It recognized the important and constructive role that non-governmental organizations can play, in cooperation with national institutions, for the better promotion and protection of human rights.

Under a resolution on human rights and mass exoduses, the Commission strongly deplored ethnic and other forms of intolerance as one of the major causes of forced migratory movements, and urged States to take all necessary steps to ensure respect for human rights, especially the rights of persons belonging to minorities. It again invited all governments and intergovernmental and humanitarian organizations concerned to intensify their cooperation and assistance in world-wide efforts to address the serious problems resulting from mass exoduses of refugees and displaced persons, and the causes of such exoduses. The High Comissioner for Human Rights was requested to pay attention to situations which cause or threaten to cause mass exoduses and to address effectively such situations through emergency preparedness and response mechanisms, including information sharing and the provision of technical advice, expertise and cooperation.

The Commission urged the Secretary-General to attach high priority and to allocate the necessary resources to the consolidation and strengthening of the system for undertaking early warning activities in the humanitarian area for the purpose of ensuring that effective action was taken to identify all human rights abuses which contribute to mass outflows of persons. States that had not already done so were encourged to consider accession to the 1951 Convention relating to the Status of Refugees and its Protocol of 1967, the 1954 Convention relating to the Status of Stateless Persons, the 1961 Convention on the Reduction of Statelessness and other relevant regional refugee instruments and relevant international human rights instruments.

Under the terms of another resolution, the Commission took note with appreciation of the report of the representative of the Secretary-General on internally displaced persons and commended him for his efforts to promote a comprehensive strategy for better protection, assistance and development for internally displaced persons. It welcomed the specific attention paid by the representative to the protection and assistance needs of women and children and encouraged him to continue to address those needs.

The Commission called upon all governments to continue to facilitate the activities of the representative, encouraged them to give serious consideration to inviting him to visit their countries so as to enable him to study and analyse more fully the issues involved, and thanked those governments that had already done so.

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In a resolution on the right to freedom of opinion and expression, the Commission expressed concern at the inadequate resources provided to the Special Rapporteur on promotion and protection of the right to freedom of opinion and expression, and requested the Secretary-General to provide sufficient resources. Concern was expressed at the extensive occurrence of detention of, and discrimination, threats and acts of violence and harassment against persons exercising the right to freedom of opinion and expression and rights linked to it. The Commission also expressed concern at the extensive occurrence in many parts of the world of detention of, and discrimination, threats and acts of violence and harassment against persons seeking to promote and defend those rights and freedoms.

The Commission emphasized that professionals in the field of information played a major role in promotion and protection of freedom of expression and expressed deep concern at the numerous reports received of detention of, and discrimination, threats, and acts of violence and harassment against such professionals, including journalists, editors, writers, authors, translators, publishers, broadcasters, printers and distributors. The Special Rapporteur was invited to pay particular attention to the situation of women. The Commission appealed to all States to ensure respect and support for the rights of freedom of opinion and expression and, where any persons had been detained for exercising these rights, or subjected to violence or threats, to take appropriate steps to ensure immediate cessation of these acts. The mandate of the Special Rapporteur was renewed for a period of three years.

Through a resolution on the situation of human rights in Cambodia, the Commission requested the Secretary-General to ensure adequate resources, from within existing resources, for the enhanced functioning of the operational presence in Cambodia of the Centre for Human Rights. It welcomed the efforts made by the Government of Cambodia to promote and protect human rights. Noting that communal elections were due to be held in 1997 and National Assembly elections in 1998, the Commission strongly urged the Government to promote and uphold the effective functioning of multi-party democracy. It called upon the Government to investigate cases of violence and intimidation directed against political parties and their supporters, and against media personnel and offices, and to bring to justice those responsible.

The Commission further expressed grave concern at atrocities that continued to be committed by the Khmer Rouge, including the taking and killing of hostages and other serious violations of human rights. The Government was called on to prosecute the perpetrators. The Commissione expressed grave concern at the reluctance of the courts to charge members of the military and other security forces for serious criminal offenses, and encouraged the Government to address thay problem which in effect placed persons in authority above the principal of equality before the law. Grave concern was also

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expresssed at the devastating consequences and destabilizing effects of the indiscriminate use of anti-personnel land-mines on Cambodian society.

By a resolution on advisory services, technical cooperation and the Voluntary Fund for Technical Cooperation in the field of human rights, the Commission requested the High Commissioner and the Centre for Human Rights to explore yet further the possibilities offered by cooperation between the Centre and specialized bodies and other organizations of the United Nations system, as well as non-governmental organizations, including exchange of staff, and arrangements where needs identified by the Centre are met by projects for which such bodies and organizations take full responsibility for financing and implementation. It requested the Secretary-General, in the context of the budgetary planning for the biennium 1998-1999, to allocate to the Centre more human and financial resources for the enlargement of the programme of advisory services and technical cooperation in the field of human rights.

Through a resolution on assistance to States in strengthening the rule of law, the Commission recalled the recommendation of the World Conference on Human Rights (Vienna, 1992) that a comprehensive programme be established within the United Nations and under the coordination of the Centre for Human Rights with a view to helping States in the task of building and strengthening adequate national structures which have a direct impact on the overall observance of human rights and the maintenance of the rule of law. It requested the High Commissioner in this respect to continue to explore the possibilities of obtaining from all relevant institutions of the United Nations system, including financial institutions, technical and financial means to strengthen the capacity of the Centre to provide assistance to national projects aiming at the realization of human rights and the maintenance of the rule of law.

By a resolution on assistance to Somalia in the field of human rights, the Commission, deeply concerned at reports of arbitrary and summary executions, torture and other cruel, inhuman or degrading treatment or punishment; violence against women and children and attacks against humanitarian personnel; and at the absence of an effective judicial system essential to ensure the right to a fair trial in accordance with international standards, strongly urged all parties in Somalia to respect human rights and humanitarian law, to apply criminal justice standards and to protect United Nations personnel, humanitarian relief workers and representatives of the international media.

By a resolution on the situation of human rights in Haiti, the Commission, condemning again the cruel and systematic violations of human rights experienced by the Haitian people under the de facto regime endured until 1994, urged the Government to continue and intensify the ongoing process

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of judicial reform, especially through the modernization of civil legislation, the training of judges and government commissioners and the teaching of international humanitarian law and human rights. The Commission invited its Special Rapporteur on violence against women to give favourable consideration to the Haitian Government's invitation to visit the country with the support of the United Nations Population Fund.

By a resolution on assistance to Guatemala in the field of human rights, the Commission exhorted that country's Government to continue to adopt and apply the necessary legal and political measures to strengthen the independence of the judiciary and respect for its members and its decisions, as well as the full application of the rule of law. It further exhorted the Government to intensify investigations enabling all those responsible for violations of human rights to be identified and brought to justice, to provide compensation for the victims of such violations within a legal framework, to ensure that the judicial system can operate with due protection being afforded to judges, investigators, witnesses and relatives of victims and to facilitate the activities of organizations, both official and non-governmental, concerned with the promotion and protection of human rights.

In addition, the Commission exhorted the Government to adopt concrete measures against extreme poverty that would enable the population to attain better living standards, giving priority to economic and social development programmes and called on the Government and Unidad Revolucionaria Nacional Guatemalteca (URNG) to find a just solution to the demands of the Guatemalan people in general and the indigenous communities in particular, as expressed through the appropriate proposals of the Civil-Society Assembly and other sectors of the population. The Commission also requested the Secretary-General to extend the mandate of the Independent Expert so that she could report to the Commission at its next session.

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Correction In Press Release HR/CN/744, the stataement by Iraq should be corrected to read as follows:

"MOHAMMED ABDULLAH AL-DOURI (Iraq) said Kuwait, the United States, and the non-governmental organization Fondation France Libertés, were known for their hostile attitude towards Iraq. Kuwaiti's stand was blind and vindictive and not worthy of comment; everyone knew there was nothing linking Kuwait to human rights. Meanwhile, millions were being spent in Kuwait to maintain the economic embargo against Iraq; there were no Kuwaiti prisoners in Iraq. As for the United States, a country that had dropped more than 100,000 tons of bombs on Iraq and was killing women and children through the economic embargo it had orchestrated, it was responsible for the human rights problems of women and children in Iraq. The Fondation France Libertés was known for disseminating false information and propaganda aimed at continuing the isolation of Iraq."