PRESS BRIEFING BY HIGH COMMISSIONER FOR HUMAN RIGHTS

16 May 1996

Press Briefing

19960516 FOR INFORMATION OF UNITED NATIONS SECRETARIAT ONLY

The High Commissioner for Human Rights, José Ayala-Lasso, at a briefing held yesterday at United Nations Headquarters, said that halfway into his appointment to the post it was possible to evaluate how much ground had been covered in the implementation of his mandate, regarding activities in the field, including Rwanda, Burundi, Cambodia and the former Yugoslavia, and other related issues such as the lack of financial support.

Mr. Ayala-Lasso told correspondents that the timing of the briefing was appropriate, as the fifty-second session of the Commission of Human Rights in Geneva had recently concluded, and he had just returned from a trip to the former Yugoslavia. One of the basic problems the Commission faced on a permanent basis was the lack of financial support, he noted.

Also during these two years, visits to many countries had been made in order to establish a dialogue with governments, as stated in the mandate given by the General Assembly, Mr. Ayala-Lasso continued. "I have tried to implement a new methodology for human rights work, through dialogue and persuasion. This has been recognized as a complementary action vis-à-vis the other actions or mechanisms used in the past by the United Nations."

The Commission for Human Rights acquired a special importance this year, due to the decision to make changes in the Commission's methodology, he said. Emphasis was placed on the need for a consensus on basic issues. "More than 90 per cent of the resolutions adopted by the Commission were adopted by consensus, among them, one very basic one, referring to the right to development." Last year, that resolution was not adopted by consensus, he recalled. During his trip to the former Yugoslavia, the High Commissioner was able to meet with the leaders of Bosnia and Herzegovina, Alija Izetbegovic; the Federal Republic of Yugoslavia (Serbia and Montenegro), Slobodan Milosevic; and Croatia, Franjo Tudjman, and "to present them with the need to fully comply with the peace agreements, in order to make peace possible" and avoid impunity, Mr. Ayala-Lasso said. He also recommended that all the policies of full respect for human rights be effectively implemented, so as to facilitate the peace process and reconstruction of those countries.

"I have also insisted on the need of establishing strong national institutions, which will respond to the need of promotion and protection of human rights in those countries", he continued. The willingness of the Commission to assist in implementing structural changes -- "by the creation of national commissions, ombudsmen and so forth" -- through technical assistance programmes was also made clear, he said.

Human Rights Commissioner Briefing - 2 - 16 May 1996

Mr. Ayala-Lasso also told correspondents that on Tuesday he had delivered a commencement speech at the School of International and Public Affairs of Columbia University regarding the present situation of human rights in the world and the need for strong cooperation in the promotion and protection of human rights. A correspondent asked about the establishment, some 18 months ago, of a human rights fax "hot line" in Geneva, and wondered how effective that had been, in terms of the number of calls and also the Commission's response. Mr. Ayala-Lasso said that the fax line had been very widely used. "As a result, the communications we normally receive every year -- approximately 200,000 or 300,000 -- have increased. But actually the capacity of response of our office has not increased, and that was one of the reasons I decided to restructure the Centre for Human Rights in Geneva. We are already very advanced in this restructuring process; these new ideas have been presented and approved by Headquarters, so when that structure is put in place we will be able to deliver more timely and effective answers to all questions regarding human rights, within the limitations of the financial crisis of the United Nations." Then, it would be possible to evaluate the fax line and other mechanisms being considered.

How did the High Commissioner evaluate the human rights situation in the former Yugoslavia, State by State? a correspondent asked. Work in the former Yugoslavia had been accomplished through the Special Rapporteur, Elizabeth Rehn, and the report on missing persons, he replied. There had been more than 16 very descriptive reports regarding the situation there; as correspondents knew, tremendous violations of human rights had occurred there. Recently, some improvements had been registered, especially after the peace agreements were signed. "Still, there are a lot of things to be done, and that is why the Dayton Agreements considered that the actions regarding human rights were its most important component", he said. The High Representative in Bosnia and Herzegovina, Carl Bildt, the Organisation for Security and Cooperation in Europe (OSCE) and other institutions were working there. The Commission for Human Rights was also there, providing training for the OSCE monitors and also the civilian police (International Police Task Force), support for the Special Rapporteur, and some expertise to Mr. Bildt's office.

"In what area did you see most violations£? the correspondent asked. The reports specially mentioned violations regarding the freedom of movement, "which must be assured in order to facilitate the return of refugees", Mr. Ayala-Lasso said. The question of missing persons had also been mentioned frequently, and, of course, the tragedies widely publicized by the news media.

The facts and witnesses' declarations pertaining to the Croatian Serbs living in Krajina, where a quarter of a million people had been annihilated in 1995, were stolen from Ms. Rehn's office, a correspondent said. Had the High Commissioner tried to recover those facts? she asked. Mr. Ayala-Lasso said that he had been in touch with Ms. Rehn, but had not heard about the stolen facts. "We knew about the theft of some office equipment with some

Human Rights Commissioner Briefing - 3 - 16 May 1996

information that was duplicated [elsewhere], so I do not think this has produced a negative impact on human rights work." "In the talks with President Tudjman, did you try to help these people recover their properties"? the correspondent asked. It was a very important problem, because it was necessary to facilitate the return of people, and that implied the need to analyse the question of property rights. "This is a matter being analysed by the mechanisms already established in the former Yugoslavia, and my office is not dealing with these matters", Mr. Ayala-Lasso replied. What was the Commissioner's answer to criticism in the sense that human rights were being used for political gains by some countries, as, for example, China, at the last session of the Commission on Human Rights? a correspondent asked. "As High Commissioner for Human Rights, I am obliged to deal with human rights issues on the value that human rights have, and I have been always very careful not to indulge in any kind of political consideration regarding my policies of promotion and protection of human rights", he replied. "In the past, it has happened, which had aroused some criticism against the institutions of human rights. But I see a sensible change in these attitudes, especially after the end of the cold war era. The idea of human rights becoming important per se is becoming more widespread, and it led to the establishment of the High Commissioner for Human Rights, by consensus, after more than 45 years of controversy."

The news media had published reports of massacres in April in Burundi, of 200,000 people and then of 300,000 people; there had been silence at briefings here at the Security Council and in Burundi on the part of human rights workers on whether it had been investigated, and what was found. Journalists did not want to publish rumours, but did not want to be accused of inventing, either. If those workers were not allowed to investigate, perhaps because those massacres were carried out by the military, then what was the purpose of their being there? a correspondent asked. The presence of the High Commissioner for Human Rights in Burundi had been exclusively on the technical assistance chapter, including training, Mr. Ayala-Lasso said. "In spite of the fact that I had proposed, since last year, the establishment of a mission of observation of human rights, we have not received enough international cooperation to implement that idea. But finally we did receive it, and sent five observers to Burundi two weeks ago. I hope that even a limited presence such as that will contribute to a better investigation of specific cases of human rights violations." Had any reports been received in those two weeks? the correspondent asked. "In the very first days in Bujumbura, the monitors were able to go to different areas and they are preparing their reports", Mr. Ayala-Lasso said.

"You have told us what you told the leaders of the former Yugoslavia; what did they tell you"? a correspondent asked. "In general, they restated their positions. Regarding human rights, generally, the answer is favourable, nobody is against the promotion and respect for human rights. Regarding the

Human Rights Commissioner Briefing - 4 - 16 May 1996

political analysis, they reaffirmed their stance on these issues; I am trying to develop this dialogue" on human rights issues.

Mr. Ayala-Lasso was the first chairman of the Sanctions Committee on Yugoslavia, three years ago, and now in The Washington Post there were articles on heavy breaches of Security Council resolutions on the arms embargo, which was violated by many countries, including Iran, Hungary, Malaysia and Argentina, a correspondent said. What was the purpose of the Sanctions Committee, if any? Mr. Ayala-Lasso declined comment on the issue, due to his present position as High Commissioner for Human Rights.

Had the Commissioner asked the leaders of the former Yugoslavia for the extradition of war criminals? "I asked for cooperation with the International Criminal Tribunal. Cooperation in every sense, in all the requests made by the Tribunal. Their answer was, as I said, a restatement of their national positions. They stated that the cooperation was there."

What was your analysis of their analysis, since they seemed to deal only on the political level? How did the High Commissioner interpret this? a correspondent asked. "I will simply say that the Security Council has just approved a presidential statement, focusing on the need to cooperate with the Tribunal, a timely and effective cooperation."

Had the High Commissioner reported to the Secretary-General, or the Security Council? a correspondent asked. "I will certainly report to the Secretary-General, and he will take any further decision."

Recently, there was a fact-finding team to Nigeria, which included a member from the Centre for Human Rights. What did they find? a correspondent asked. "This was a mission sent by the Secretary-General, and I am sure the mission has reported to him. The best person to ask is the Secretary- General", Mr. Ayala-Lasso said. The Centre itself did not initiate the mission, he added; it only accepted the invitation to send one of its members.

The High Commissioner mentioned that the office was considering other mechanisms for human rights reporting and communications, apart from the "hot line". What were those mechanisms? The office was facing a major restructuring, including the mechanisms that existed within the Centre. The different structure itself implied a different way of looking at the information and problems it was facing, and the response to that information. After an analysis made last year, based on different reports, it was decided that an external consultant was needed. Now, the restructuring was in its second phase, which was, after the creation of the structure, how to develop the practices and mechanisms. "We used to have five branches; now, we have three administrative units", he noted. "We are going to have one single unit of action between the High Commissioner and the Centre for Human Rights, so we will be answering in a more coherent and simple manner to all the challenges we face."

* *** *