RIGHT TO SELF-DETERMINATION, THREAT OF MERCENARIES, RISE OF XENOPHOBIA HIGHLIGHT THIRD COMMITTEE DISCUSSION ON RACISM, RACIAL DISCRIMINATION
Press Release
GA/SHC/3376
RIGHT TO SELF-DETERMINATION, THREAT OF MERCENARIES, RISE OF XENOPHOBIA HIGHLIGHT THIRD COMMITTEE DISCUSSION ON RACISM, RACIAL DISCRIMINATION
19961105 Denial of the right to self-determination by occupying Powers was a serious step backward from the United Nations efforts to guarantee all people freedom and the right to choose their own destiny without foreign interference, the representative of Angola told the Third Committee (Social, Humanitarian and Cultural) this morning. The Committee was beginning its consideration of racism and racial discrimination and the right of peoples to self-determination.Speaking on behalf of the Southern African Development Community (SADC), he said Member States should reaffirm their support and solidarity for the cause of the peoples of the Western Sahara, East Timor and the Arab occupied territories in their struggle for emancipation.
Enrique Bernales Ballesteros, Special Rapporteur of the Commission on Human Rights, introduced his report on the use of mercenaries as a means to violate human rights and to impede the exercise of the right of peoples to self-determination. He stressed that mercenary initiatives by private companies registered as security firms in a third country were a threat to national sovereignty.
Several speakers stressed the importance of more wide-ranging educational measures at the national and international level to eliminate racial prejudice and stereotypes and foster mutual understanding and tolerance.
The representative of Japan said a lack of interest and financial support had left the Centre for Human Rights unable to conduct any activities under the Third Decade to Combat Racism, and Racial Discrimination (1993-2003) except for a United Nations seminar in September. The Centre played an important role in strengthening coordination among the United Nations specialized agencies. Countries should contribute to the Trust Fund for the Programme of the Decade, she added.
Ibrahima Fall, Assistant Secretary-General for Human Rights, introduced the reports on racism and racial discrimination and answered questions. In reply to a question by Cuba on the status of a proposed world conference on
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racism and xenophobia, Mr. Fall said only two States had responded to the Secretary-General's request for expression of interest in such a conference.
Maurice Glele-Ahanhanzo, Special Rapporteur of the Commission on Human Rights, presented his report on contemporary forms of racism, racial discrimination, xenophobia and related forms of intolerance.
The representatives of Cuba, Ecuador and Egypt made statements.
The Committee will meet again at 3 p.m. today to continue its general debate on racism and racial discrimination and the right of self- determination.
Committee Work Programme
The Third Committee (Social, Humanitarian and Cultural) met this morning to begin consideration of the elimination of racism and racial discrimination and the rights of peoples to self-determination.
The documents before it include four reports by the Secretary General; the report of the Committee on the Elimination of Racial Discrimination; a note by the Secretary-General transmitting the report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance; another note transmitting the report of the Special Rapporteur on the question of the use of mercenaries; and the Economic and Social Council's 1996 report.
Elimination of Racism and Racial Discrimination
The Report of the Committee on the Elimination of Racial Discrimination (document A/51/18) covers the body's two 1996 regular sessions (forty-eighth and forty-ninth) held in Geneva from 26 February to 15 March and from 5 to 23 August. The Committee, which monitors implementation of the 1965 Convention on the Elimination of All Forms of Racial Discrimination, considered reports, comments and information from 32 States parties -- there were 148 States parties to the Convention at the close of the forty-ninth session (see Annex 1 to the report) -- and issued suggestions and recommendations for each.
In addition to its examination of periodic reports on implementation of the Convention, as part of its early warning and urgent procedures to prevent racial discrimination (on its agenda since 1993), the Committee has also been considering the situations in Israel, Croatia, Bosnia and Herzegovina, the Federal Republic of Yugoslavia (Serbia and Montenegro), Papua New Guinea, Rwanda, Burundi, Russian Federation, Mexico, Algeria and The former Yugoslav Republic of Macedonia. During its forty-eighth session, the Committee removed Algeria, Mexico and the Russian Federation from the list since they had submitted their periodic reports. Israel and Papua New Guinea were removed during the forty-ninth session.
At the forty-eighth session, decisions were adopted concerning Bosnia and Herzegovina, the Federal Republic of Yugoslavia (Serbia and Montenegro) and Rwanda. By its decision on Bosnia and Herzegovina, the Committee decided to institute a process of consultation with the State party on how the Committee could, through its good offices, help promote understanding between races and ethnic groups and to build a society free from racial or ethnic segregation or discrimination. In the Federal Republic of Yugoslavia, the Committee requested its Chairman to take up contacts with the authorities of that State party in order to explore the possibilities of reopening the dialogue for the peaceful solution of human rights issues in Kosovo,
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particularly regarding racial discrimination. On Rwanda, the Committee recommended the convening of a constitutional conference, involving all the parties to the conflict, in order to reach agreement on the form of government acceptable to the people of Rwanda.
At its forty-ninth session, the Committee adopted another decision on Bosnia and Herzegovina, as well as decisions on Cyprus and Liberia. The text on Liberia urged leaders of the reconstituted Council of State to ensure reconciliation to reduce tensions between different ethnic groups and end human rights violations and extrajudicial executions. The Committee also adopted a resolution by which it endorses the proposal to dispatch a multinational peace force to Burundi to provide security assistance to prevent another catastrophe that would destabilize the Great Lakes region, and to facilitate political dialogue and reconciliation among the parties. The force should receive United Nations financial and logistic support.
The Secretary-General's report on the financial situation of the Committee on the Elimination of Racial Discrimination (document A/51/430) notes that General Assembly resolution 50/137 of 21 December 1995 urges States parties to accelerate their domestic ratification procedures regarding the amendment to article 8 of the Convention. The amendment, which states that the Secretary-General will provide financing, staff and facilities for the Committee, was endorsed by Assembly resolution 47/111 of 16 December 1992 and will enter into force when it is accepted by a two-thirds majority of States parties to the Convention. Accordingly, in 1996, the Committee's two regular sessions were financed out of the regular budget, so no State party assessments were made in 1996. However, a number of States parties are still in arrears, with previous payments, which as of 30 September totalled $225,506.24 (Annex II).
The Commission regretted the lack of resources for the Special Rapporteur and asked the Secretary-General to provide him with the necessary resources to carry out his mandate and to submit an interim report to the General Assembly at its fifty-first session and a comprehensive report to the Commission at its fifty-third session.
In his report on contemporary forms of racism, racial discrimination, xenophobia and related intolerance (document A/51/301), the Special Rapporteur of the Commission Human Rights, Maurice Glèlè-Ahanhanzo, presents Germany's observations to certain paragraphs in his report to the Assembly's forty-ninth session and Italy's observations to his report to the fiftieth session. He reviews missions during 1994 and 1995 to Brazil, France, Germany, United States and the United Kingdom and discusses possible missions to Colombia and Kuwait.
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According to the report, all over the world, immigrants have become easy scapegoats for economic problems and are seen as responsible for crime, unemployment and social security deficits. Their existence is precarious, whether they enter a country legally or illegally. Women immigrants face a double discrimination. The Rapporteur expresses concern about mass expulsions of migrant workers and the severity of justice in certain countries when immigrants are accused, rightly or wrongly, of criminal offences.
He notes stringent attitudes to immigration in Asia and in Europe, where most members of the European Union have adopted tougher legislation. In Asia, intraregional migration creates tension between countries of emigration (Bangladesh, India, Indonesia, Myanmar, Pakistan, Philippines, Sri Lanka) and host countries (Japan, Malaysia, Republic of Korea, Singapore, Taiwan, Thailand) because of the way citizens of countries of emigration are treated. A great proportion of immigrants from those countries consisted of women. Mass expulsions of migrant workers gave rise to human rights concerns.
France has a particularly strict policy, and there are also immigration- related problems in Switzerland, where a "three circles model" for immigrants is described as "basically racist". In the United States, the report describes "a mobilization against foreigners unprecedented since the Second World War", particularly in California. There are also problems in Israel, with the integration of the Falashas (Ethiopian Jews) who arrived in the mid- 1980s, and in South Africa, where some 10 million immigrants have settled illegally, half of them from Mozambique. In the southern United States, an unprecedented wave of arson of churches and parishes belonging to the African- American community is sowing fear of a resurgence of anti-black racism. The incidents are taking place in a general climate of growing tension between American racial communities.
There is a growing trend among racist organizations to use electronic mail or the Internet to spread racist or xenophobic propaganda, according to the report. No national legislation has any power over this world-wide network. The report details measures by governments and judicial bodies to implement the Special Rapporteur's recommendations.
The Special Rapporteur recommends that the General Assembly convene a world conference which would include the question of immigration and xenophobia in its agenda, or explore the possibility of holding another conference on this specific theme. He also recommends human rights education measures to promote tolerance and peace and suggests the Assembly explore the possibility of establishing a fund to assist ethnic or racial communities that are victims of racial discrimination and live in conditions of injustice and inequality.
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In the report of the Economic and Social Council for 1996 (document A/51/3), the Council, by its decision 1996/255 and taking note of Commission on Human Rights resolution 1996/8, requested the Secretary-General to take the necessary measures in order to transmit to the General Assembly at its fifty- first session the results of his consultations with Member States and intergovernmental as well as non-governmental organizations on the possibility of holding a world conference to combat racism, racial discrimination, xenophobia and related contemporary forms of intolerance.
The Secretary-General's report on the status of the International Convention on the Elimination of All Forms of Racial Discrimination (document A/51/427) contains the list of the 100 States that have signed, ratified or acceded to the International Convention on the Suppression and Punishment of the Crime of Apartheid as of 1 August. In its resolution 1995/10, the Commission on Human Rights decided not to consider the item entitled "Implementation of the International Convention on the Suppression and Punishment of the Crime of Apartheid" and to suspend meetings of the Group of Three established under article IX of the Convention as of 17 February 1995, the date of adoption of the resolution.
The Secretary-General's report on the status of the International Convention to Eliminate All Forms of Racial Discrimination (document A/51/435) contains a list of the 148 States parties that had signed, ratified, acceded or succeeded to the International Convention on the Elimination of All Forms of Racial Discrimination as of 30 August.
As of the same date, 23 of the States parties -- Algeria, Australia, Bulgaria, Chile, Costa Rica, Cyprus, Denmark, Ecuador, Finland, France, Hungary, Iceland, Italy, Luxembourg, Netherlands, Norway, Peru, Russian Federation, Senegal, Sweden, Slovakia, Ukraine and Uruguay -- had made the declaration, provided for under article 14 of the Convention, recognizing the competence of the Committee on the Elimination of Racial Discrimination, to receive and consider communications from individuals or groups of individuals within their jurisdiction claiming to be victims of violation by provision of article 14 entered into force on 3 December 1982 in accordance with paragraph 9 of that article.
The report of the Secretary-General on the universal realization of the right of peoples to self-determination (document A/51/414) summarizes action by the Commission On Human Rights at its fifty-second session, held from 18 March to 26 April. The Commission considered the item "The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation". Under this agenda item, the Commission adopted three resolutions related to the situation in occupied Palestine, the question of Western Sahara and the Middle East peace process.
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The report states that in its resolution 50/139, the Assembly requested the Commission on Human Rights to continue to give special attention to the violation of human rights, especially the right to self-determination, resulting from foreign military intervention, aggression or occupation.
A note by the Secretary-General transmits the report of the Special Rapporteur on the question of the use of mercenaries (document A/51/392). It says that international norms concerning mercenaries are inadequate and ambiguous in their interpretation and application. The situation is compounded by most countries' national legislatures, which do not characterize mercenarism as a separate crime and do not have extradition agreements.
According to the report, recent developments in Africa suggest mercenary activities are undergoing a transformation. Some mercenary rings are attempting to establish legally registered companies that provide security services and invest in various sectors. Therefore, a situation could arise in which mercenary armies, legally protected by contracts signed between the company employing them and the hiring State, would carry out police work, law enforcement and punishment. If the transformation continues, the concept of security and the nature of international relations based on the principle of State sovereignty would be greatly altered.
The Special Rapporteur recommends that the General Assembly reaffirm its condemnation of mercenary activities; suggest that all States incorporate measures in their national legislation to prohibit the use of their territory for the recruitment, training, assembly, transit, financing and use of mercenaries; and monitor the conditions in which some States agree to sign contracts with such enterprises. The Assembly should also reaffirm its recommendation regarding the convening of a meeting of experts who would examine the question of mercenaries and formulate proposals to prevent and punish mercenary activities and publicize its impact on the right to self- determination. The experts would provide technical assistance to States affected by mercenary activities.
Introduction of Reports
IBRAHIMA FALL, Assistant Secretary-General for Human Rights, introduced the reports on racism and racial discrimination. He stressed the obligation of States parties to report in a timely manner to the Committee on the Elimination of Racial Discrimination. Some countries were many years behind in reporting to the Committee, despite reminders sent to them by the Secretary-General. Some 19 States had not filed their initial reports. Since the Committee's annual report had been issued, five countries -- Azerbaijan, Japan, Malawi, Monaco and Uzbekistan -- had ratified the Convention on the Elimination of All Forms of Racial Discrimination, bringing the total number of States parties to 148. However, more efforts were needed to make the
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Convention universal. The number of States that had made a declaration under article 14, paragraph 1 of the Convention as of the end of August had risen to 23, with the declaration of Luxembourg. Under that article, individuals or groups who claim their rights protected by the Convention have been violated by a State party and who have exhausted all available domestic remedies may submit written communications to the Committee for consideration.
ENRIGUE BERNALES BALLESTEROS, Special Rapporteur of the Commission on Human Rights, introduced his report on the use of mercenaries as a means to violate human rights and to impede the exercise of the right of peoples to self-determination. He stressed that mercenary initiatives by private companies registered as security firms in a third country were a threat to national sovereignty. Armed conflicts with the aspects of a prolonged war created the best conditions for mercenary activities. He noted that gaps in existing legislation and international legal instruments and questionable flexibility in defining mercenaries made it easier for them to operate. Their scope and networks of complicity made it difficult for smaller or weaker countries to protect themselves. The international community should develop mechanisms over market elements related to the recruitment of people for activities which could harm the sovereignty of a third State or its people.
There were new companies and corporations in African countries which offered so-called security in return for large amounts of money, he continued. They were usually organized by persons with proven links to mercenary activities. Domestic civil security was one of the most serious problems faced by many African people. Agreements by governments with companies registered in third States to provide security and end internal armed conflict could gravely restrict a country's sovereignty. Who would be responsible for human rights violations by those companies? he asked. He said his recent visit to South Africa had provided him with information which would be useful for his report to the Human Rights Commission.
MAURICE GLELE-AHANHANZO, Special Rapporteur of the Commission on Human Rights, presented his report on contemporary forms of racism, racial discrimination, xenophobia and related forms of tolerance. He said the fratricidal war on the borders in Zaire with its ethnic and racial dimensions, and the use of the Internet to promote racism were reminders of current burning forms of xenophobia and racism. The report highlighted the most critical forms of contemporary racism and racial discrimination. He thanked the United States, Brazil, Germany, France and Northern Ireland for their dialogue and attention to his recommendations. He also commended Colombia, which he said had taken measures to deal with discrimination against indigenous and Afro-Colombian communities, which were among the poorest people in the country. He asked the General Assembly to ensure that financial resources were made available to carry on the Commission's mandate, which had just been renewed for 10 years. He recommended the Assembly examine the
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possibility of holding a conference on racism and xenophobia and suggested the establishment of a trust fund for the victims of racism.
Dialogue with Assistant Secretary-General for Human Rights
The representative of Cuba asked Assistant Secretary-General Ibrahima Fall how countries were contacted concerning requests for information on a world conference on racism, racial discrimination and xenophobia.
Mr. FALL said in March, the Secretary-General sent requests for information to Member States at their diplomatic missions in Geneva. Two states, Denmark and Uruguay, responded with statements making clear their position on the conference. Later, in his report to Economic and Social Council, the Secretary-General stated that he had not received sufficient response and asked the General-Assembly for a decision to be taken on a world conference. Due to the limited number of responses, the Economic and Social Council believed that the General Assembly and the Secretary-General should decide whether or not a world conference should be convened on those subjects. Mr. Fall said he could give further information and details on the subject, if the representative would like them.
The representative of Cuba said his Government did not respond to the request for information because it did not have a copy of the note, and it did not know of the reasons involved. However, his Government believed that the convening of a world conference on racism, racial discrimination and xenophobia should be a matter of priority for the international community. However, it could not respond without the note.
Statements
RODOLFO REYES RODRIGUEZ (Cuba) said dramatic instances of racial intolerance continued to occur in various parts of the world, in countries of both low and high social development. In one country, 70 churches were destroyed in racial discriminatory actions in the past year. Racial discrimination had indeed reached a critical level. Taking into account that the difference in development levels between northern and southern countries was getting larger, mass migrations were inevitable. Draconian laws depriving immigrants of basic human rights were being passed in various countries against so-called illegal immigrants, as well as other immigrants, who had gone through the formal steps of naturalization. The world had witnessed recent electoral campaigns that had given a prime place to anti-immigrant discourse. It should be of the greatest priority to convene a world conference on racism, racial discrimination and xenophobia, and his Government hoped that the Special Rapporteur and the programme for The Third Decade to Combat Racism and Racial Discrimination (1993-2003) would have the required resources to reach all of the objectives.
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A new historic situation had promoted the development of the concept of self-determination, and recently this development had taken a more complex dimension, he said. The need remained to put an end to foreign domination and occupation and the denial of peoples' self-determination. However, respect for nations derived from political plurality and diversity and in the context of their rights, as well their ability to develop and give their people worthy ways of living. As long as foreign occupation and domination persisted, speaking of these rights could hold no real meaning. Therefore, Cuba reaffirmed the right of the Palestinian people to an independent state, with Jerusalem as the capital. In addition, Cuba continued to demand the return of the territory of the Guantanamo Bay naval base which had been usurped by the United States.
FUMIKO SAIGA (Japan) said her Government attached importance to the role played by the Centre for Human Rights in strengthening coordination between the United Nations, specialized agencies and non-governmental organizations in the programmes they were carrying out in that area. A lack of interest and support had rendered the Centre unable to conduct any activities under the Third Decade except for the United Nations Seminar on the issue held in Geneva in September. Her Government urged Member States to contribute to the Trust Fund for the Programme of the Decade, and Japan, for its part, had made a contribution to the Trust Fund every year since 1986 and would continue to do so.
Education, information and awareness could play a major role in eliminating racial prejudice and stereotypes, fostering mutual understanding and tolerance and achieving racial harmony, she said. It would be impossible to exaggerate the importance of education for young people. More wide-ranging education measures need to be taken at both the national and international levels if racial discrimination was ever to be eliminated. The International Convention on the Elimination of All Forms of Racial Discrimination had played a key role in efforts to promote understanding among all races.
Japan was seriously concerned about the recent escalation of tensions and the clashes between Palestinians and Israeli security units in the West Bank and the Gaza Strip which had caused many casualties on both sides, she said. Her Government urged both Israel and the Palestinian Authority to continue peace efforts to overcome the present impasse and to refrain for any action that could harm the prospects of peace. Japan was determined to continue to be engaged in the advancement of the peace process through various means, such as providing assistance to the Palestinians. In September, in view of the suffering the closure of the West Bank and Gaza Strip had caused Palestinians, Japan extended emergency assistance to Palestinians. The intentions behind providing this assistance was to improve the living
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conditions of the Palestinians by providing them with employment opportunities and an improved infrastructure in the Gaza Strip.
EMILIO IZQUIERDO (Ecuador) said that the non-compliance by many States in submitting their reports to the Committee on the Elimination of Racial Discrimination as provided for under article 9 of the Convention impeded the Committee's work. The situation had continued despite reminders sent to those States by the Secretary-General. Some States were five of more years late in submitting their reports but several had responded positively and sent their reports. If States did not respond in another five years, there was a second round of reviews. Some States had not even submitted their initial reports.
He said governments should send representatives with knowledge and experience to the Committee's sessions so their dialogue could be beneficial and concrete, although several smaller countries might experience difficulty sending representation to each session. Government cooperation was imperative for the proper implementation of the Committee's mandate, and he referred to article 4 of the Convention, which required States to draw up legislation to comply with the Convention. He drew attention to the conclusions of the United Nations seminar on compliance with the Convention which had been held in September in Geneva.
KARIM WISSA (Egypt) said his country was working ceaselessly to create peace between Israelis and Palestinians, in order to fulfil the inalienable rights of the Palestinian people and their right to an independent state. It was also working on the Syrian and Lebanese areas to enable the two States to form a solid base for a just and lasting peace in the region. He hoped the resolution which his Government would present on the self-determination of the Palestinian people, which had been adopted by the General Assembly last year, would receive a consensus by the Committee again this year and be approved without a vote.
Referring to the use of mercenaries as a threat to the right of peoples to self-determination, he said the use violated the principles of the Charter. He asked the international community to work together to face the phenomena.
ALFONSO VAN-DUNEM "MBINDA" (Angola), speaking on behalf of the Southern African Development Community (SADC), said SADC member countries were concerned with the frequent racist and xenophobic attacks against minorities, asylum seekers, migrant workers and their dependents in many countries. Member States must do more to protect the rights of migrant workers whose lodgings were burned and their physical and moral integrity threatened because of skin colour or ethnic origin. Similarly, actions must be taken whenever State institutions treated people in a discriminatory or unequal way on the basis of their place of birth or when law and order institutions were directly involved in the violation of the rights of migrant workers. Therefore, SADC
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member countries appealed to all governments to reinforce the mechanisms for the protection of the physical and moral integrity of vulnerable groups by thoroughly investigating all human rights violations and punishing all culprits.
The continuing denial by occupying Powers of the right to self- determination was a serious step backward from the United Nations efforts to guarantee the full exercise by all peoples of their rights and freedoms, including the right to choose their own destiny free from foreign interference, he said. The SADC member countries, who were once subjected to colonial domination and had their fundamental rights denied in the past, reaffirmed their unswerving support of the inalienable rights of people to their self-determination and independence. Member States should not fail to reaffirm their support and solidarity for the cause of the peoples of the Western Sahara, East Timor and the Arab occupied territories in their struggle for emancipation. Therefore, SADC States endorsed the efforts undertaken by the international community aimed at full realization of the legitimate rights of the peoples of those territories and would continue to do their utmost for the fulfilment of this goal.
JACK CHRISTOFIDES (South Africa) said he was speaking regarding the report of the Special Rapporteur on mercenaries. The Rapporteur did visit South Africa and met with members of the Cabinet, among others. The Rapporteur was also aware that legislation was being prepared and would be submitted to Parliament, probably early next year. The Government did not believe that the Special Rapporteur's mandate should be revised in any way.
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