SPECIAL RAPPORTEURS PRESENT COUNTRY REPORTS ON HUMAN RIGHTS TO THIRD COMMITTEE; COUNTRIES RESPOND TO ALLEGATIONS

Press Release
GA/SHC/3391

SPECIAL RAPPORTEURS PRESENT COUNTRY REPORTS ON HUMAN RIGHTS TO THIRD COMMITTEE; COUNTRIES RESPOND TO ALLEGATIONS

Special Rapporteur on Religious Intolerance, UNESCO also Present Reports

The reports of the Special Rapporteurs on the human rights situation in Afghanistan, Myanmar, the former Yugoslavia, Sudan, Cuba, and Burundi were presented to the Third Committee (Social, Humanitarian and Cultural) this morning, as it continued its discussion of human rights questions.

The Special Rapporteur for Afghanistan, Hoon-Hyun Paik, cited reports of extra-judicial executions by members of the Taliban movement, as in the case of the assassination of former President Najibullah. There was also widespread, persistent fear about the infliction of cruel and inhuman punishment, including stoning and amputations. A coherent system of justice should be established, in accordance with international human rights and norms and the rule of international law.

Events of the last weeks in the Great Lakes region of Africa had confirmed the seriousness of preventing another human catastrophe, according to the Special Rapporteur on the human rights situation in Burundi, Paulo Sergio Pinheiro. He said economic sanctions against the country should not be lifted until the authorities pursued efforts for a cease-fire between the parties and human rights violations had been investigated. The moral conscience of all mankind was being challenged by the suffering of many people in the region.

Rajsoomer Lallah, the Special Rapporteur on human rights in Myanmar, said various laws in the country criminalized the exercise of basic human rights. Where they did not, executive orders greatly restricted those rights. Allegations of people arrested and detained for the peaceful exercise of their basic human rights derived substance from the very existence and nature of the restrictive laws. The reports of various human right violations included summary and arbitrary executions, torture, arbitrary arrests and detention, forced labour, violations of the freedom of opinion, association, movement and residence.

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The Special Rapporteur on religious intolerance and a representative from United Nations Educational, Scientific and Cultural Organization (UNESCO) also presented reports.

The representatives of Afghanistan, Myanmar, Sudan, Burundi, and Cuba replied to the reports on their countries human rights situation, and responded to specific allegations of abuse contained in the reports. Greece and Egypt also spoke in response to the report of the Special Rapporteur on religious intolerance.

The Committee will meet again at 3 p.m. this afternoon to continue joint consideration of the human rights questions, follow-up to the Vienna Declaration and Programme of Action and the report of the United Nations High Commissioner for Human Rights. It was also expected to take action on several resolutions.

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this afternoon to continue its examination of human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms and human right situations and reports of special rapporteurs. It has before it two reports by the Director-General of the United Nations Educational, Scientific and Cultural Organization (UNESCO); reports of the Special Rapporteurs on the human rights situation in Afghanistan, Myanmar, Sudan, Cuba, the former Yugoslavia, and Burundi; the report of the Secretary-General's Representative on internally displaced persons; and reports of the Secretary-General on the human rights situation in Myanmar and Cambodia.

A note by the Secretary-General (document A/51/395) contains as an annex the report of the Director-General of the United Nations Educational, Scientific and Cultural Organization (UNESCO) on educational activities in the framework of its transdisciplinary project entitled "Towards a culture of peace" in accordance with Assembly resolution 50/173 of 22 December 1995. The report states that the culture of the peace programme includes specific activities in UNESCO's fields of competence in both pre-conflict (prevention) and post-conflict (national reconciliation) situations. The first programmes were developed in El Salvador and Mozambique as a complement to peace-keeping operations and the fundamental principle of a culture of peace was put into practice in those programmes -- that is, the transformation from conflict to cooperation through a process of dialogue leading to cooperation and shared goals of human development. The culture of peace addresses the deep roots of conflict. Other programmes were developed later in Burundi, Congo, Guatemala, Philippines, Rwanda and Somalia.

In 1995 UNESCO expanded the culture of the peace programme into a transdisciplinary project as a coordinated effort to contribute to a global movement from a culture of war to a culture of peace. According to the report, the programme is comprised of four units: education for peace, human rights, democracy, international understanding and tolerance; promotion of human rights and democracy; cultural pluralism and intercultural dialogue; and conflict prevention and post-conflict peace-building. The report emphasizes education as the leading method to promote a culture of peace. The UNESCO has established as a long-term goal a comprehensive system of education and training for peace, human rights and democracy intended for all groups of people at all levels of education, formal or non-formal.

In a note the Secretary-General transmits the final report of the Director-General of UNESCO on the United Nations Year for Tolerance (document A/51/201). The letter includes a Declaration of Principles on Tolerance and a Follow-up Plan of Action for the United Nations Year for Tolerance (1995),

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adopted by acclamation by the General Conference of UNESCO during its twenty- eighth session, 25 October to 16 November 1995. The Secretary-General says the report should assist Member States in their discussion on the lines of action for the future, indicated by UNESCO in the Follow-up Plan of Action for the promotion of tolerance, peace and solidarity among the peoples of the world.

Article 6 of the Declaration proclaims 16 November the International Day for Tolerance. This day, the anniversary of the signing of the UNESCO Constitution, could serve as an annual occasion for discussion of tolerance issues and for related special events, both in educational institutions and among the wider public, in cooperation with the media.

The report of Choong-Hyun Paik, the Special Rapporteur on the human rights situation in Afghanistan (document A/51/481), was finalized on 30 September. He was in the country from 15 to 20 July. He also visited Pakistan on 14, 16, 17 and 20 July, where he met Afghan refugees, and Iran from 21 to 29 July. The report details conditions in the Afghan cities of Kabul, Kandahar, Mazar-i-Sharif and Yakaolang. The Special Rapporteur states that a coherent administration and justice system in accordance with human rights norms and the rules of international law should be established. There should be consideration for traditional values and religious beliefs, but certain minimum standards of international human rights law ought to be respected. Perpetrators of human rights violations should be punished and victims compensated. Afghan authorities should abide by their obligations under international human rights instruments and the general amnesty proclaimed by the Taliban movement should be applied without discrimination. There should be no acts of revenge. The Special Rapporteur strongly condemns the abduction of the former Afghan President Mohammed Najibullah and his brother from United Nations premises, their subsequent summary execution and the public display of their bodies. He expresses concern about the serious breach of the immunity of United Nations premises.

In a 4 October letter to the head of the Supreme Council, the High Commissioner for Human Rights, Jose Ayala-Lasso, called on the Taliban leadership to ensure the right of women to work, and the right of girls to an education without discrimination. The report says the basic rights of women should be fully restored. Current restrictions on the activities of women and girls outside the home should be modified to allow them access to education and employment. This could avert a potential humanitarian catastrophe during the coming cold season, particularly in households headed by women. The activities of Afghan women's networks and advisory groups should be encouraged and reinforced. Consideration should be given to benefiting from the positive experiences with female education in accordance with Islamic principles in other Islamic countries. The United Nations humanitarian programme in Afghanistan should be asked to help.

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Priority should be given to preserving and protecting Afghanistan's cultural patrimony and prevent its looting, the Special Rapporteur says. Awareness by the international community, particularly neighbouring countries, was vital, and UNESCO should step up its activities. Member States should continue their voluntary contributions for humanitarian relief in Afghanistan and their assistance to refugees and displaced persons to encourage their voluntary repatriation. The international community must make concerted efforts to suppress illegal trafficking in narcotics in neighbouring areas, and global action was urgently needed to end the activities of external elements which provided weapons to the warring sides.

The report of the Secretary-General on the human rights situation in Myanmar (document A/51/660) is submitted pursuant to General Assembly resolution 50/194 of 22 December 1995. Myanmar's Foreign Minster, U Ohn Gyaw, met with the Assistant Secretary-General for Political Affairs, Alvaro de Soto, in New York, and Francesc Vendrell, the Director of the Department's East Asia and Pacific Division in Bangkok. Despite the Secretary-General's requests, to date, the Myanmar Government had not agreed to allow his representatives to visit the country.

Discussions with the Foreign Minster centred on the composition, procedures and functioning of the National Convention; the withdrawal and subsequent expulsion from the Convention of the National League for Democracy (NLD); the opening of dialogue between the State Law and Order Restoration Council and the political leaders, including Daw Aung San Suu Kyi, as well as representatives of national races and ethnic groups; restrictions on political freedoms, including the proclamation of Law No. 5/96 of 7 June 1996; the situation of political prisoners and detainees; reports of forced labour; and reports of military actions against certain ethnic groups, including the Karens and Karennis, resulting in further internal displacements and refugee outflows.

The Secretary-General said he regretted that his representatives had not been permitted to meet with the highest government authorities as well as leaders of other relevant political forces and no progress had been achieved in the areas on which the Assembly and the Human Rights Commission had repeatedly expressed concern. He concluded that the opening of genuine political dialogue among the State Law and Order Restoration Council, leaders of the political party which won a clear majority in the 1990 elections, and other political forces, including national races and ethnic groups, was essential to achieve the Government's stated objectives of democratization and national reconciliation.

In his report on the human rights situation in Sudan (document A/51/490), the Special Rapporteur, Gaspar Biro, says that he visited the

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country between 1 and 6 August and concentrated on consultations with the Government regarding its recent human rights measures. He also received numerous reports, testimonies and information regarding grave human rights violations. Recent developments in the country will be developed in his final report to the Commission on Human Rights.

Since April 1996, the Special Rapporteur says the human rights situation has deteriorated at an unprecedented pace. He has received reports on grave and serious violations of human rights and fundamental freedoms by government agents as well as abuses and atrocities by members of different groups fighting the Government. It was made clear to him that the Government's political agenda will not change. Armed conflict is affecting most people in rural and urban areas in the north and south, and women and children suffer the most from abuses and atrocities. Government officials are now publicly addressing some issues, such as reports of slavery and the situation of certain categories of children. A statement by the Ministry of External Relations in July basically denied the existence of slavery but expressed "deep concern" at allegations of slavery in the Nuba mountains. The statement, which appeared in the press, announced a government committee to investigate slavery and involuntary disappearances and that authorities were willing to help international groups who wanted to join the search.

He notes increased Government efforts to cooperate with international organizations who are focusing on the situation of children and the rights of the child -- particularly the United Nations Children's Fund (UNICEF) office in Khartoum. However, positive measures on human rights are often accompanied by reports on restrictions in other fields, and developments alternate with reports of grave violations by government agents. For example, the religious dialogue initiated by the Government in 1994 was accompanied by legislation which had a negative affect on the activities of different Christian churches and denominations. He also received numerous reports on restrictions on traditional Islamic sects and orders, including confiscation of assets, arrest, torture, persecution and harassment.

He recommends that the Government ensure the Consultative Council for Human Rights will address without delay all allegations of human rights violations and make its work methods, rules of procedure, findings, and results of investigations public. The Government should also ensure that people who provide information or submit complaints do not suffer any reprisals or negative consequences or other disadvantages. Some released political detainees are continually harassed and there are increasing reports of arrests and detention without trial and summary executions in eastern Sudan.

Among his other recommendations, the Special Rapporteur says the Government should give international human rights and humanitarian

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organizations and independent observers unimpeded access to all areas where enforced or involuntary disappearances or cases of slavery, slave trade and similar institutions and practices, especially the trafficking in children have been reported. The Government should also make public a full list of the camps where children living or working in the street are kept as well as the names of children living in the camps.

The report of the Special Rapporteur on human rights in Cuba, Carl- Johanm Groth, states that the Commission on Human Rights noted with "deep regret" the continued failure of the Cuban Government to cooperate with him, and its refusal to allow him to visit the country so he could carry out his mandate in full. The Special Rapporteur travelled to New York and Washington, D.C. on 26 and 29 August to meet with experts on the real situation in Cuba, in various professional circles, including the academic world and with people who had recently left the country and had suffered human rights violations, and other groups.

According to the Special Rapporteur, the action waged against dissident groups in 1996 has been largely intensive harassment by members of the State security forces. Threats, intimidating visits to the homes of political activists and the imposition of penalties for alleged economic crimes which are in fact political activities are the methods used by authorities to break down any form of opposition. Nevertheless, the number of trials and sentences has been smaller and the length of sentences shorter than in previous years. The reasons cited are the focusing of attention on Cuba of various international bodies, and critical dialogue in which countries and regional groups, especially in Europe and Latin America, have engaged Cuba.

He says the terms of the Helms-Burton Act and the Torricelli Act, which stipulate specific conditions and time-frames for lifting the embargo, also stipulate that the United States shall have the right to be the outside party that determines the rules for converting the current totalitarian system into a different, democratic one. This inspires doubt rather than confidence about the future and may cause some dissidents to feel their own criteria are irrelevant and that Cuba's future might be decided without consulting them. The direct result of this situation could be a decline in the trend towards overt political activity and the risk it implies.

Cuba's economic free-fall seems to have stopped, the Special Rapporteur says. He concludes that the current regime enjoys greater credibility and can draw on greater stores of loyalty among broader segments of the population than many observers thought. Another contributing factor was the economic reforms introduced in the 1990s, which included legalizing the possession of dollars and self-employment. But flexibility in the economic spheres has not been matched in the political arena. In the current political environment, the Government has taken a frankly negative, not to say, hostile attitude

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towards introducing a pluralistic political system in Cuba.

The report of Rajsoomer Lallah, the Special Rapporteur on the situation of human rights in Myanmar (document A/51/466), states that a culture of impunity prevails in the military and public sectors. The report concludes that the absence of rights pertaining to democratic governance is at the root of all the major violations of human rights in Myanmar and that genuine and lasting improvements in human rights may not be attained without respect for the rights pertaining to democratic governance. The report describes a national climate of consistent disregard for due process and the rule of law, attributable to the government operating without constitutional legitimacy where individual rights are overtaken by a martial policy of punishing and repressing political dissent or any risk of it.

According to the report, the Special Rapporteur wrote twice to the Government of Myanmar requesting to visit the country. At the time of the report, he had not received a reply. A letter to the Commission from the Permanent Representative of Myanmar, dated 4 July 1996, indicated that Myanmar continued to view the Commission's decision to appoint a Special Rapporteur for the situation in that country as "unwarranted interference in our internal affairs". On the basis of the Charter as well as the pledge given by Member States to take action to implement the Charter's principles, which uphold the sanctity of human rights, the Commission had developed procedures regarding the monitoring of human rights without the express consent of the States concerned. Myanmar had pledged to cooperate with the United Nations and its organs, under Article 56 of the Charter, and could not exempt the Assembly or the Commission from performing their mandated functions and established procedures.

The report notes that the electoral process initiated in May 1990, and interrupted by the State Law and Order Restoration Council (SLORC) had still not been concluded. Under the SLORC governance, extrajudicial, summary or arbitrary executions continue, and forced labour, porterage, and torture occur particularly in the context of development programmes, and counter-insurgency operations in minority-dominated regions. Existing laws legalize arbitrary arrest and detention, and criminalize many aspects of normal civilian conduct. There is essentially no freedom of thought, expression or association because of both visible and invisible pressures applied by SLORC. The National League for Democracy (NLD), which won more than 80 per cent of the seats in the 1990 general election, cannot assemble in a group, or publish or distribute printed material. The Government's policy violates freedom of movement and residence, and in some cases, constitutes discriminatory practices based on ethnic considerations.

The Special Rapporteur recommends the Government of Myanmar fulfil obligations assumed under the Articles of the Charter to protect and promote

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human rights and fundamental freedoms. He further recommends that Myanmar law should be conformed with accepted international standards regarding human rights. The Government should function according to a separation of powers which would render the executive accountable to the citizenry and subject to the rule of law, and the judiciary independent. Those elected in 1990 should be involved in the transition to democracy, and all political parties should freely exercise their activities. Those detained under the imposition of martial law should be tried by an independent civilian court in accordance with the norms of due process as enshrined in international law.

Other recommendations include the decriminalization of free expression and the removal of all restrictions on citizens' movement. Discriminatory policies which interfere with the free and equal enjoyment of property should be ceased, and those who have been unjustly deprived of property appropriately compensated. The Government should prohibit the practice of forced labour and forced portering. Military and law enforcement personnel should be trained in international human rights norms and humanitarian standards, which should be incorporated into Myanmar law. All officials committing human rights abuses and violations should be subject to disciplinary control and punishment.

A note by the Secretary-General transmits the report of the representative on internally displaced persons (document A/51/483). Over the past year, the representative has been actively engaged in three main areas of work: development of an appropriate normative framework for meeting the needs of the internally displaced; promotion of effective institutional arrangements for protecting and assisting the internally displaced; and visiting countries with serious internal displacement problems to promote dialogue with governments, drawing lessons from previous experiences and seeking to improve conditions on the ground.

The representative has been studying the specific form a normative framework might take and is in the process of developing a body of guiding principles. As the guiding principles will address all phases of displacement, including prevention, a separate study is being prepared on the content and limitations of a right not to be displaced, which will provide the basis for the development of guiding principles pertaining to the pre- displacement phase. The representative's objective is that the framework developed should provide an explicit, adequate and firm basis for the protection of and the provision of assistance to the internally displaced and that it be strongly supported by the international community.

In analyzing and evaluating existing institutional arrangements relevant to the internally displaced, the representative found serious gaps. There is no institution with an exclusive or full mandate for the internally displaced, nor is there the political will to create a new institution or to mandate an existing one to assume full responsibility. The collaborative approach

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remains the only feasible option, but it is often constrained by problems of coordination, neglect of protection and insufficient reintegration and development support.

Regional organizations are becoming increasingly important, according to the representative. These organizations are in a position to adapt policies to regional realities and allow for innovative approaches to be transmitted both to affected countries within their regions and to the international system as a whole. Such organizations include the Organization for Security and Cooperation in Europe (OSCE), the Organization of African Unity (OAU), and the Inter-American Commission on Human Rights of the Organization of American States. The representative recommends that regional bodies also consider establishing institutional mechanisms for the internally displaced. Another important regional development was the organization of a Regional Conference to Address the Problems of Refugees, Displaced Persons, Other Forms of Involuntary Displacement and Returnees in the Countries of the Commonwealth of Independent States and Relevant Neighbouring States.

The representative visited Tajikistan in June 1996 bearing in mind that the situation in that country continues to deteriorate and to present an ongoing challenge to the international community. The findings and conclusions in the report on Tajikistan focus on the need for improved coordination between the Government and the humanitarian and development organizations operating within the country; the need to direct development activities into sustainable and self-reliant programmes; the need for continued efforts to strengthen human rights protection and the rule of law; and the importance of negotiating a comprehensive peace. Country visits provided an important opportunity for a constructive exchange of views with Governments and other pertinent actors and also help raise the level of awareness within the country to the problem of internal displacement.

A note by the Secretary-General transmitting the report of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the former Yugoslavia (A/51/651-S/1996/902) states that the Special Rapporteur Elizabeth Rehn conducted a mission to Bosnia and Herzegovina from 26 to 28 June 1996 for the purpose of assessing the human rights situation in the context of the proposed holding of elections during September 1996. She visited Sarajevo, Tuzla, Travnik and Vitez. In the course of the visit, she met with representatives of the central and local community leaders and conducted extensive consultations with field staff of the Office of the High Commissioner for Human Rights/Centre for Human Rights. The report is also based on a mission which she conducted from 2 to 8 May 1996 and on investigations carried out by the field staff, including an in-depth examination of the situation in locations such as Doboj/Teslic, Bugojno, Banja Luka and Bihac.

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The Special Rapporteur concludes that there are indications that the central Government in the Federation is not opposed to the holding of free and fair election. Nevertheless, conditions in Bosnia and Herzegovina are not conducive at the present time to the democratic operation of the electoral process. In both entities there are violations of the rights of freedom of association and assembly, and freedom of movement for campaigners and candidates, restrictions on freedom of expression and abuses of the media, and violent attacks on politicians and their supporters. Governments, local authorities and police forces continue to fail to take the necessary action to counter these practices. The failure to permit significant voluntary return to areas where returnees are now part of minority populations is another impediment to the electoral process, as are incidents of ongoing displacement.

The problems are most acute in Republika Srpska, where the culpability of the authorities is further compounded by the ongoing political leadership exercised by indicted war criminals. Within the federation, the greatest cause for concern is presented by an entirely anti-democratic regime in areas controlled by Croatia. In Bosnian-majority locations, attention is drawn to regions such as the Bihac area and to a range of discriminatory practices founded in almost all population centres. The OSCE has put in place a range of election-related mechanisms to ensure that the elections would be adequately monitored.

The Special Rapporteur makes several recommendations, including that the authorities in both entities must take immediate action to achieve de facto freedom of movement country-wide and to create conditions for inter-entity campaigning. Authorities in the Federation should ensure the eradication of all discriminatory practices by public officials at all levels, and Republic Srpska authorities must take immediate action to halt the specifically election-related and many other human rights abuses in the entity.

Another report of the Secretary General (document A/51/453) contains recommendations by his Special Representative for human rights in Cambodia. The suggestions of Special Representative Michael Kirby are made pursuant to requests of the Assembly and the Commission on Human Rights.

He recommends, first of all, that the Government of Cambodia give urgent attention to the growing phenomenon of child prostitution and trafficking. Data should be gathered and a comprehensive action plan developed. Preventive efforts were also needed. On the use of land-mines, the Special Representative recommends a total ban on such weapons. In addition, further international assistance was needed for the support of demining in the country. On the rule of law, he recommends that the Supreme Council of Magistracy be urgently convened and announce selections for the Constitutional Council. Professional and impartial judges and prosecutors must be appointed to provincial and municipal courts. Funding, training and security must also

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be provided for the judiciary.

On elections, the Special Representative recommends the adoption of a law allowing full freedom to form and operate political parties and the drafting and adopting of laws on the commune and national elections. All armed forces should be neutralized during the election period. The laws should also contain provisions for an independent electoral commission, equal access to the media, and clear authority for non-governmental organizations to participate in voter education and election monitoring. The Government should also bring to justice all persons involved in acts of violence and intimidation that might jeopardize a neutral political climate for free and fair elections.

The Special Representative concludes that while a peaceful process of change had appeared in Cambodia, the situation was fragile. It was still a poor country and attitude changes toward basic democratic principles were necessarily slow. A vivid non-governmental community was developing, however, and contributed to political discussion. Human rights legislation had been passed and human rights education had been organized. The Special Representative hoped to contribute to a systematic and long-range approach to human rights in the country.

An addendum to the report of the Special Representative on Cambodia (document A/51/453/Add.1) contains comments and clarifications submitted on 17 September by the Government of Cambodia on the human rights situation in Cambodia. The Government, while acknowledging the correct assessment by the Special Representative of the gradual progress made in implementation of democracy and human rights in Cambodia, believes that the report did not fully reflect the political will and effort of the Government in the improvement of the human rights in the country. The Government lists some of the legal documents that have been adopted to promote implementation of the Convention on the Rights of the Child. The Government will also take strict measures to bring to court all those engaged in sexual trading and close down all brothels and hotels/guest houses that abuse children's rights.

The Government goes on to say that it needed both moral and material assistance from the world community. It attaches great importance to the drafting of legislation on the Constitutional Council. Also included in the comments is an outline of the state of the judiciary in Cambodia. Regarding elections, the Government strongly affirms that the election of commune chiefs and general elections will be held in 1997-1998 based on free and fair and democratic principles, on the principle of the state sovereignty and with the presence of local and international observers. The Government lists laws that have actually been drafted concerning the elections.

The report of Special Rapporteur Paulo Sergio Pinheiro on the human

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rights situation in Burundi covers the period from 16 February through 30 September 1996 and reflects the Special Rapporteur's findings during his third mission to that country from 1 to 17 July 1996, a week before the coup d'etat. The coup brought Major Pierre Boyoya to power on 25 July and led to the suspension of the National Assembly and political parties. During the mission, the Special Rapporteur met with the country's higher political, administrative, judicial, military and religious authorities, as well as representatives from civil society associations, diplomatic missions, United

Nations agencies, non-governmental organizations and the OAU. He also visited shelters for displaced persons.

In reviewing the Burundi crisis during the second half of 1996, the report states that the human rights situation has assumed catastrophic proportions, with an endless stream of targeted assassinations, arbitrary arrests, forced disappearances, looting, crime and the destruction of property. The report describes a "smouldering civil war" in which the Burundi army and related militias, comprised of Tutsis, fight against armed Hutu gangs. While the conflict is delineated along ethnic lines, historical variables, specifically the class distinctions imposed by colonial domination, are in fact the underlying causes. An elite minority denies the majority access to resources and democratic privileges. A brief rebellion by the Hutu majority in 1972 was countered by excessive force from the armed forces. At least 100,000 Hutus were massacred and some 200,000 Burundians went into exile at the time. Three months later, the army, government and the economy were purged of their Hutu elements.

Starting with the assassination of former President Melchior Ndadaye in 1993, the report describes a "creeping coup d'etat" in which genocide is committed by attrition. The coup dismantled a system in which democracy was hardly extant, according to the report. Since October 1993, there had been a continuous dismantling of democratic institutions by the forces belonging to the minority. There can be no lasting solution to the crisis in Burundi unless human rights violations are ended, past abuses investigated, and perpetrators brought to justice.

The Special Rapporteur regretted that the report of the International Commission of Inquiry had not come up with new ways to address impunity and genocide. He was shocked by the unrealistic nature of the Commission's conclusions on the issue of assigning to the Burundi system of justice the task of prosecuting, trying and sentencing those responsible for the October 1993 coup d'etat, the assassination of President Ndadaye, acts of genocide against the Tutsis and the ensuing massacres of Hutus. The speed with which a series of recent criminal convictions had been reached -- an average of two to three hours had been spent hearing each case -- made clear that even minimum conditions for justice were not being met.

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Burundi's climate of insecurity was epitomized by the murders of three staff of the International Committee of the Red Cross (ICRC). That action led to withdrawals by international organizations that effectively cut the country off from international assistance. Sanctions imposed by neighbouring countries are impacting on the population of the towns, particularly the urban elite and in the rural areas.

At the national level, the Special Rapporteur recommends in his report genuine and inclusive dialogues between all parties to the conflict. The de facto authorities should facilitate access to State institutions by the majority, who are currently excluded from the country's elite. The de facto authorities should set a timetable for holding free and fair elections with the participation of the entire population, halt the violence and massacres occurring throughout the country, and arrest and bring to trial perpetrators of such crimes. Within the armed forces, a firm chain of command should be established. The de facto authorities should carry out an objective inquiry into the murder of the ICRC delegates, provide non-governmental organizations with adequate security conditions, and fundamentally reform the judicial system, emphasizing the inclusion of Hutus in the ranks of judges, prosecutors, and judicial police.

At the international level, the Special Rapporteur requests the international community remain united behind the efforts currently being made by the United Nations, the OAU, and the African countries as a group to maintain pressure by means of economic sanctions and to demand the de facto authorities give immediate concrete evidence of their intention to conclude a cease-fire between all interested parties, leading to realistic negotiations. Recourse to the presence of an international peace-keeping force should not be excluded. He calls for the international community to increase the number of human rights observers in Burundi and encourages Member States in the region to ensure that their territory not be used by armed groups as a base to launch attacks or train rebel groups, and to make efforts to eliminate arms traffic.

The Special Rapporteur further requests the Security Council and the Secretary-General to address the lack of attention which the problem of impunity in Burundi received from the International Commission of Inquiry, and with the absence from its recommendations of proposals for measures, including those for bringing to justice persons responsible for atrocities. On this matter, the Special Rapporteur requests that the Security Council consider setting up an international court to prosecute those who ordered and carried out the assassination of President Ndadaye, the genocide against the Tutsis, and the ensuing massacres of the Hutus.

Human Rights Questions, Situations

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NINA SIBAL, Director of the UNESCO liaison office in New York, introduced the report on behalf of UNESCO's Director-General on educational activities in the framework of the transdisciplinary project entitled "Towards a culture of peace". She also introduced the UNESCO report on the United Nations Year for Tolerance.

She said the culture of peace addressed the deep roots of conflict through a long-term approach which promoted development, democracy, the full achievement of human rights, and the transformation of values, attitudes and behaviours to non-violence and solidarity. The culture of peace required the transformation of shared aspects of cultures that had been previously shaped by war and violence. In place of violence there must be non-violence, dialogue, respect for human rights; instead of enemy images, inter-cultural understanding and solidarity; instead of secrecy, the sharing and free flow of information; and instead of male domination, the full empowerment of women. It must be intrinsically linked to development based on justice and the full exercise of democratic principles.

She said UNESCO needed the support of the United Nations in order to turn the ideals and principles of the Year for Tolerance into realities on the ground. Member States should continue to be innovators in the promotion of tolerance.

CHOON-HYUN PAIK, Special Rapporteur of the Commission on Human Rights on the situation of human rights in Afghanistan, said the most noticeable development in the Afghan conflict was the advance of the Taliban movement which had now taken control of a considerable part of the Afghan land, including the capital city of Kabul. In this context, it was with profound regret that he reported the death of hundreds of Afghans, mostly women and children, and the killing of Mr. Najibullah, the former President of Afghanistan, and his brother, which was achieved by breaking into the compound of the United Nations Special Mission to Afghanistan, in violation of international law.

Regarding the breakdown of an impartial judicial system , he said reports had been received about extra-judicial executions carried out by members of the Taliban movement, as in the case of former President Najibullah. Widespread fear also persisted concerning the infliction of cruel and human punishment, including stoning and amputations. A coherent system of administration of justice should be established that would be in accordance with international human rights and norms and the rule of international law.

All warring factions should immediately cease all armed hostilities, implement a cease-fire, exchange prisoners and proceed with the demilitarization of Kabul, he said. They should engage in a political dialogue aimed at achieving national reconciliation and a political settlement

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of the conflict. And factions should set up a broad-based transitional, nationally unified government. Factions should also halt activities that could be viewed as terroristic, refrain from the production and trafficking of narcotics and the use of land-mines, and extend their cooperation to the United Nations Special Mission to Afghanistan.

In order for this peace process to succeed, all States should refrain from interference in the internal affairs of Afghanistan, which included the involvement of foreign military personnel and the supply of arms and ammunition to parties in the conflict, he said. States should use their influence to encourage cooperation between Afghan parties. Every effort should be made to curb violence and to diminish antagonism between competing factions and members of the general public from diverse tribal, religious, social and cultural backgrounds.

Given the increase in the number of civilian causalities resulting from the indiscriminate use of land-mines, all warring factions should immediately stop deploying land-mines as military instruments, he said. The majority of land-mine victims, 66 out of 85 in October 1996, were reported to be children. The onset of winter could mean that many more people, particularly children, could be injured when looking for firewood, which had become an extremely dangerous activity, in mine-infested areas. The mine awareness and mine clearance programmes implemented by the international community should be continued. Countries currently producing mines should stop production.

RAJSOOMER LALLAH, Special Rapporteur on the situation of human rights in Myanmar, said following his appointment in June 1996 he had twice sought the cooperation of the Myanmar Government and sought direct access to government authorities, but had had no response. Although he had not seen the situation on the ground, he had been assisted by information from governmental, inter- governmental and non-governmental organizations and from individuals who were connected in one way or another with the country. One basic fact was striking. In Myanmar, various laws, by themselves, criminalized the exercise of basic human rights. Where they did not, executive orders greatly restricted those rights. Allegations of people arrested and detained for the peaceful exercise of their basic human rights derived substance from the very existence and nature of the laws.

He said a wide variety of human rights violations had occurred and continued to occur in Myanmar, including summary and arbitrary executions, torture, arbitrary arrests and detention, forced labour, violations of the freedom of opinion, association, movement and residence. All those violations of human rights were addressed in more detail in his report. He stressed that the repressive political climate in Myanmar since 1990 had made it virtually impossible for opposition parties to function and they had been severely hampered through constant harassment and arrests. There was absolutely no

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freedom of thought, opinion, expression or association. The absolute power of the SLORC was exercised to silence opposition and penalize those with dissenting opinion. Since November 1995, when the NLD leaders withdrew from the National Convention, the party had been increasing harassed. In September 1996, 150 NLD party members had been arrested to prevent them attending the eighth anniversary of their party.

He said he had received several well-documented reports describing the wide use of forced labour throughout the whole country. In 1996, civilians, including vulnerable groups, were widely reported to have been forced to contribute non-compensated labour to certain large development projects. Despite repeated condemnation by the General Assembly, the International Labour Organization (ILO) and non-governmental organizations, the Government had not repealed the Myanmar Village Act of 1908 and the Towns Act of 1907 which legitimise the practice.

A.G. RAVAN FARHADI (Afghanistan) said the Islamic State of Afghanistan appreciated the efforts of the Special Rapporteur in compiling his report, including his visits to various areas in the country and the inspection of refugee conditions in Pakistan and Iran. The Special Rapporteur had demonstrated his capacity to investigate the situation of human rights in Afghanistan, including military occupation by Taliban mercenaries of the capital of Kabul, with thoughtful observation and even-handed objectivity. The acts of the Taliban during the days after the report was issued showed the accuracy of the Special Rapporteur's earlier concerns.

To complete the contents of the report it was important to recall the Secretary-General's statement in October regarding the denial of Afghan women to access to education and employment in Kabul, he said. Mention also must be made of the Security Council's resolution on the situation in Afghanistan on 22 October, in which they expressed deep concern for the human rights situations in Kabul. Also, interested States parties should consult a publication by Amnesty International on the situation in Afghanistan. New alarming news was originating from objective reporters in Kabul, regarding atrocities committed by the Taliban during their territorial occupation.

U PE THEIN TIN (Myanmar) said it was regrettable that the Special Rapporteur had produced a report that was flawed in its basic premise that the Government of Myanmar was not willing to cooperate with the United Nations, and in its conclusion that systematic violations of human rights were widespread and were condoned by the Government. His Government rejected the report and was deeply perturbed by the implications of the report.

No one should cast doubt on Myanmar's willingness to cooperate with the United Nations, he said. Myanmar's support of the Charter and its cooperation with the Organization constituted one of the basic tenets of the country's

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foreign policy. It had constantly sought to cooperate fully with the Organization, whether it was to fight the scourge of narcotic drugs, ensure the welfare of children or women, or respond to the international concern regarding allegations of human rights abuse. The Government had gone out of its way to assuage the concerns of the Commission on Human Rights. Even before the appointment of Yozo Yokota as Special Rapporteur in 1992, it had welcomed the visit of Sadako Ogata as an independent expert in 1990, though the Government did not accept the mandate. While Myanmar had always disassociated itself from the decisions of the General Assembly and the Commission on Human Rights regarding the situation in Myanmar, the Government, in deference to the views of the international community, permitted the Special Rapporteur to visit Myanmar.

What should be borne in mind was that Myanmar was home to 135 national races, he said. A balance must be struck to reach consensus among the nearly 700 delegates in the national convention to achieve an instrument that reflected the aspirations of all the nationalities that made up its Union. The Government's priority was national reconsolidation and the eradication of insurgencies. It was imperative for the Tatmadaaw to continue to stay at the helm of State until a new constitution was adopted.

The Government of Myanmar had responded to specific allegations received through the Centre for Human Rights and had provided the information sought by the Commission on Human Rights, he said. As any objective visitor to Myanmar could attest, positive transformations were taking place and the situation on the ground gave the lies to the catalogue of allegations contained in the interim report. It had never been the policy of the Government to systematically repress its own people and to condone human rights abuses. Allegations contained in the report invariably originated from dissident groups and sources in and outside the country.

ELIZABETH RHEN, Special Rapporteur of the situation in the former Yugoslavia, said many positive changes had taken place in the territory of the former Yugoslavia and now there was cause for optimism and concern. One of her greatest concerns was the situation in Kosovo, as negative developments there could present a threat of new conflict in the region. Unfortunately, the Government of Serbia was generally unwilling to discuss the problem, arguing that the question was an "internal matter". Abuses against human rights were never an internal matter for a State, she added, noting that she had generally received strong cooperation from the Government of the Federal Republic of Yugoslavia.

The Croatian Government had been very cooperative, providing her with detailed information on matters of concern to her, she said, including on those on which she had criticised the Government. One of her greatest concerns related to the so-called Krajina region in former sectors north and

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south. Though the situation had improved somewhat, the Government appeared unwilling to protect the welfare and guarantee the security of the remaining, mostly elderly, Serbs. Very few Serbs had returned to the area to live. She was shocked by the obvious hate in the region of eastern Slavonia by both Croats and Serbs. The mandate of the United Nations Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium (UNTAES) should be extended to ensure greater security for all people in the region.

In Bosnia and Herzegovina the national elections on 14 September were neither free nor fair. There was not freedom of movement, association or political expression. At least, the elections had created a basis for new institution-building. She recommended that the municipal elections be postponed at least until the Spring of 1997. It was the condition of elections -- not the date -- which was more important. Despite many concrete incidents related to human rights mentioned in the report, the dominating phenomenon in the territory of the former Yugoslavia was the "silent emergency" -- results of the conflict which still thrived in the post-war era. She cited the children without parents, children born of the victims of rape, whose mothers were suffering from the internal anguish of deciding whether to keep the child they had learned to love or to obey the will of their families who demand the child be given away. There was also the situation of the tens of thousands of women and girls, and also men and boys, who were victims of rape. She said there had been too much silence about the indicted war criminals. There must be support for the International Criminal Tribunal. There must also be continued mine clearance and efforts to address the continuing problem of missing persons.

GASPAR BIRO, Special Rapporteur of the Commission on Human Rights on the human rights situation in Sudan, said that a special investigation committee on allegation of enforced or involuntary disappearances and reported cases of slavery had been created by the Sudan Government, and it had been expected to issue a report by 15 August 1996. He was not aware whether such a report was submitted to the Consultative Council on Human Rights as of 31 October 1996. He had been briefed, while in Khartoum, about a field investigation undertaken by a team composed of members of the investigation committee, and it was still obvious that the goals and the competence of the investigation committee were not limited to the field investigation. However, there was no report or communication available on behalf of the Sudan Government regarding the reports of disappearance, slavery and similar practice.

In October 1996 the Special Rapporteur received information on a Public Order Act approved by the Khartoum State Council from two different independent sources, he said. According to this information, the legislation included mandates that called for the following: on public transportation vehicles women should not sit near the drivers; in public gatherings women should be separated from men by curtains; and, in demonstrations and rallies,

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separate places and routes should be kept for women. Coeducation, including private educational institutions, was also reportedly prohibited by the act. If these reports were accurate, the Government should consider this issue without delay. It appeared that certain fundamental rights, including the right to freedom of movement, were intended to be seriously restricted by the local authorities.

After the last session of the Commission on Human Rights in April 1996, the Special Rapporteur continued to receive reports of gross violations of human rights committed by agents of the Government or members of various parties and groups in the armed conflict in Southern Sudan, other than the Government of Sudan, he said. The most important cases had been brought to the attention of the Government during the past months by different United Nations organs and agencies dealing with human rights. Unfortunately, the full-time human rights monitoring operations, as envisaged by the 1995 and 1996 Commission on Human Rights resolutions, had not yet been implemented. Therefore, the General Assembly should give priority to the placement of human rights field officers to monitor the situation of human rights and to help in q`the independent verification of reporting, particularly in areas of armed conflict.

YAHYA ABDEL GALIL MOHMOUD (Sudan) thanked the Special Rapporteur for taking the trouble to visit Sudan and for completing his report in such a short time-frame. The Government welcomed several conclusions of the Special Rapporteur. The Special Rapporteur states that in compiling his report, he concentrated on consultations with competent Government authorities regarding recent measures taken, including steps to improve the current human rights situations. However, in paragraph 2 he said he received numerous reports, information and testimonies regarding grave violations of human rights. These references to violations were unfair to the Government because the Special Rapporteur had opted not to verify such allegations with the Government, and his presence in Sudan would have given him the chance to do so.

Even though the Special Rapporteur did not verify allegations despite his presence in the country, he made his most serious recommendations to replace human rights field officers, he said. The open-door policy of the Sudan Government had fostered independent verification of reports. Such a policy was evident in the Special Rapporteur's visit and evidenced by the expected visit by the African Commission on Human Rights. The Government reaffirmed its strong commitment to cooperate with United Nations bodies and agencies, and it drew attention to the fact that it complied fully with the resolution to investigate human rights violations and had filed its first report to fulfil its mandate.

PAULO SERGIO PINHEIRO, the Special Rapporteur on the situation in Burundi, said events of the last weeks had confirmed the seriousness of his

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efforts to try and prevent a human catastrophe in the region. The transition to democracy died with the coup d'etat of 25 July 1996, the assassination of former President Ndadaye and in the wake of events which led to the genocide of the Tutsis and then to the massacre of the Hutus. Any equitable solution required solid gains in sharing power on a realistic basis and efforts to overcome the deep social problems and divisions. Building democracy would need the participation of all Burundians in a political and economic plan. The suspension of the National Assembly and political parties had been ended, but the Assembly had not regained all of its political powers. He noted that the third Arusha Summit had called for an unconditional negotiated settlement to avoid the major humanitarian crisis. He called on the United Nations and the OAU and the international community to keep up their peace efforts. The economic sanctions should be kept up until the authorities pursued efforts for a cease-fire between the parties.

He said the reorganization of the army and negotiations were even more crucial given increased tensions in the region, including eastern Zaire where there had been disastrous consequences. The General Assembly should condemn armed attacks by Burundi on the territory of Zaire. The army must cease serious human rights violations. Other important mechanisms included the commission of inquiry on armed sales. States should firmly stress that Security Council sanctions would only end when violations and past violations were investigated and the perpetrators were brought to justice. Some 10,000 people had perished since the coup d'etat. So far, the true dimensions of the human rights abuses had been hidden because most of the country had become a "no man's land".

The impunity problem in the country must be overcome. He urged the setting up of an international criminal tribunal to bring to justice those guilty of assassinating President Ndadaye and the killings of Tutsis. A Tribunal's jurisdiction should apply to past and future crimes. He also supported a special session of the Human Rights Commission to investigate conditions in the country. Noting the Secretary-General's call for a regional conference on peace and security in the region, he stressed such a conference was needed now, more than ever to prevent a regionalization of the conflict. He appealed for the international community, especially those States with the means to do so, to act to prevent the continued deterioration in the Great Lakes region and bring a peaceful settlement of disputes there.

The Government had implemented some measures to improve the situation, including the announcement that the armed forces would prosecute soldiers guilty of killing civilians, he said. The moral conscience of all mankind was being challenged by the suffering of many people in the region. The main actors in the international community had a clear view of the dangers and the

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problems and must work together to address them.

JEAN-BAPTISTE HAJAYANDI (Burundi), said in reply, that his Government had very good relations with the Human Rights Centre and there was an office in Bujumbura. It had officially asked that the numbers of human rights observers be increased because it had nothing to hide. He said the changes which took place on 25 July, were dictated by a catastrophic situation, namely the withering of the State and an inability to govern the country. The number of 10,000 alleged victims cited by the Special Rapporteur was very exaggerated. The new regime had worked to strengthen security, especially in the towns and was working to deal with armed bands.

He was surprised with the Rapporteur's support for economic sanctions which affected women and children and displaced persons and were taken without recourse to the Security Council. The sanctions were unjust. His Government had been in contact with the main negotiators, including former President of Tanzania Julius Nyrere. The emphasis should be on the main violators of human rights -- not the Government or the people -- but extremists. The Government had just proposed to the Security Council that an international tribunal be established to investigate the assassination of President Ndadaye and the subsequent genocide and other crimes. His Government was acting to normalize the situation and to find a globalized agreement with all factions and parties.

ABDELFATTAH AMOR, the Special Rapporteur on the implementation of the Declaration on the Elimination of All Forms of Religious Intolerance and of Discrimination Based on Religion or Belief presented his interim report (document A/51/542) on his visits to China, Pakistan, Iran, Sudan and Greece. He expected to make a visit to India in December 1996 and Australia in January 1997. He said it was essential to make visits, firstly to gather views and allegations of incidents and governmental action inconsistent with the provisions of the 1981 Declaration and, where appropriate to recommend remedial measures and, secondly, to analyse and publicize positive experiences and initiatives by States. He was waiting for a final response from the Vietnamese Government for his request to visit. Unfortunately, he had received no reply from the Turkish Government, although there had been informal consultations with the Government this year. He has asked to visit Germany in April 1997 and had not received responses from Indonesia and Mauritius to requests to visit those countries.

The Rapporteur said the Commission on Human Rights sent an urgent appeal to Egypt on 13 June 1995, concerning Professor Nasr Abu Zeid of Cairo University, who was tried on 13 June 1995 by a court for his writings on the interpretation of the Koran deemed anti-Islamic by Islamic plaintiffs. The Professor was allegedly declared an apostate by the court and required to divorce his wife. The Egyptian Government said the case did not affect his

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professional status and his safety was assured. The Commission had also sent an urgent communique to Iran on trials for heresy and allegations that members of the Baha'i faith had been condemned to death.

He said no religion was completely safe from attack and no State or category of States or religion or religious community had a monopoly on intolerance. Each religion tended to believe it was the sole guardian of the truth and that it had a duty to make everyone bear witness, which did not lead to tolerance, especially of religious minorities. Religious freedom was threatened when and even jeopardized when it served as a cover or an alibi for criminal acts which were often difficult to confront. He expressed grave concern at the problems of sects. In 1996 there were an increasing number of cases involving criminal acts, including murders, directly linked to groups identified as sects in many countries.

There were many questions and misunderstandings surrounded the definitions and content of terminologies of sects, new religious movements and even formal religions, he continued. States might have diametrically different attitudes to some group, raising it to formal religious status, or pejoratively categorizing it as a sect. Therefore, a international high-level governmental conference should be held to study and decide upon a common approach to sects and religions that respects human rights. Solutions would take a great deal of tolerance. Religious extremism continued to pose a threat, sometimes to entire regions. It was also fundamentally important for places of worship to be preserved for religious non-political uses and the legal system governing political parties be defined in such a way as to avoid political variables impinging on religious constants. Schools should be protected from ideological, political or partisan indoctrination. He emphasized the importance of schools and education in promoting values associated with freedom and tolerance.

DEMETRIOUS MANOLOPOULOS (Greece) said the report had not been distributed and he reserved his right to respond to it.

KARIM WISSA (Egypt) said in relation to the urgent appeal concerning Professor Abu Zeid of Cairo University, there have been recent developments. A judgement from a first degree court halted the enforcement of the Court of Cassation mandating the separation of Abu Zeid from his wife. Parliament had reacted with Act 3 of 1996 which made legal proceedings on religious grounds the sole prerogative of the Government procurator, thus avoiding any repetition of any such case. Wide popular appeal was mobilized at the national level among the media and intellectuals in support of Professor Abu Zeid, and he is currently a visiting professor at a university in Holland. He was neither forced to leave Egypt nor was there any decision to confiscate or ban his works. Therefore, he was not victimized professionally or personally. He emphasized that the Egyptian authorities had fully cooperated with the

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Special Rapporteur.

AHA ABDEL GALIL MOHMOUD (Sudan) said since the report had not yet been circulated he wished to reserve the right to respond to the report when it had been circulated.

CARL-JOHAN GROTH, Special Rapporteur of the Commission on Human Rights on the situation of human rights in Cuba, said his mandate differed from the other Rapporteurs because Cuba had refused to cooperate with him in compiling his report. The Special Rapporteur had continued to receive information about instances of persons who had been imprisoned, harassed and subject to searches, threats, temporary arrest, loss of employment or other kinds of reprisal connected with the exercise of the freedom of expression and association or due to discrimination on political grounds. During 1996, the pattern described in earlier reports changed only slightly and remained virtually the same as before.

Recent information suggested no improvements in the treatment of detainees in prisons and detention centres, which had been described in earlier reports. Those reports gave an account of the overcrowding, terrible sanitary conditions, inadequate and substandard food, limited medical care, beatings, restrictions on family visits, the problems of having common criminals share living quarters with political prisoners, and the jailing of many political prisoners far from their home towns, which made contact with their family difficult. As in previous years, groups within Cuba provided the Special Rapporteur with a list of persons serving sentences for political offence. A list dated July 1996 contained 1,173 names. In addition, the authorities maintained their policy of forcing dissidents out of the country by threatening them with prosecution or releasing them on the condition that they left the country immediately.

Regarding violations of the right to life, the Special Rapporteur was seriously concerned that the 13 July 1994 sinking of a tugboat in which 37 people lost their lives, had not yet been investigated, he said. In another incident, on 24 February 1996, Cuban Air Force pilots shot down two civil aircraft, registered in the United States, which were on a mission for "Brothers to the Rescue", a volunteer organization based in Miami. The shooting down of these aircraft was a premeditated act and it constituted a violation of the right to life of four people. The manner in which the events took place, particularly the fact that approximately six minutes elapsed between the shooting down of the two aircraft, irrefutably indicated that the act did not represent the reflex of some confused pilots, but that there had been enough time for them to receive precise orders to act as they did.

In the context of economic, social and cultural rights, the Special Rapporteur had an opportunity to speak with non-government sectors concerning

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the employment situation of workers in enterprises funded with foreign capital, he said. There existed a lack of collective bargaining, arbitrary situations in which hiring, payment of wages, termination of contracts and other labour issues were not dealt with directly between the enterprise and employee but through an employment authority designated by the Government. The same ideologically motivated discriminatory standards used in other spheres were also applied in the context of these enterprises and thereby ensured Government control over the workers. To allow exploitive situations to spread violated the doctrine underlying the current political system, which those in power defended so zealously.

The continuation of human rights violations during 1995 obliged the Special Rapporteur to reiterate to the Government of Cuba, essentially the same recommendations as those made in previous years and called upon the Government of Cuba to implement them.

PEDRO NUNEZ MOSQUERA (Cuba) said the Special Rapporteur followed the same course once again, one opened by those who had organized, funded and conceived one of the most shameless and slanderous campaigns orchestrated against a country in recent history. How could the Rapporteur be believed when he had become the favourite interlocutor of the most ultra-conservative and annexationist sectors of the Miami Cuban mafia, who clapped their hands with excitement at such criminal legislation initiatives against the Cuban people as the globally rejected Helms-Burton Act? The only new thing in the report was his melodramatic appeal for a crusade against Cuba.

Anyone intending to be objective in evaluating the human rights situation in Cuba would have to begin by acknowledging that there had been a process of social transformation, he said. And it grew stronger every day, and the main goals were equality, justice and the full participation of people in deciding the future of the island. Anyone intending to be objective in this task could not ignore who was primarily responsible for the most flagrant and systematic valuations of the human rights of a whole people. Or was it that 37 years of military aggressions, terrorism, invasions and economic war against his country did not count? he asked.

Cuba had and would have relations with all the United Nations mechanisms established equally and universally for all its Member States, without any unfair discrimination, or political selectivity, or suspicious interpretations of their mandates, he said. There was no justification for determining a special procedure, and there had never been proof of the existence of a human rights situation prompting such a selective and discriminatory treatment. Cuba would never negotiate the nation's sovereignty and independence and it would never let its institutions and system of government be whimsically scrutinized by a so-called Rapporteur.

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FRANCIS M. DENG, Special Representative of the Secretary-General on internally displaced person, said the plight of refugees and internally displaced persons was a tragic manifestation of the political turmoil which plagued the entire Great Lakes region. While his mandate lacked operational capacity to make a difference in the crisis, he added his voice to the call for immediate international humanitarian response, in conjunction with efforts to seek long-term political solutions.

One particular development which needed to be highlighted was the increasing importance of regional organizations for the protection and assistance of internally displaced persons, he said. The OAU, through its conflict prevention mechanism, aimed at defusing tensions before crises occurred. The Secretary-General of the OAU had repeatedly called attention to the need to address the mounting crises of internal displacement on the continent. It was his expectation that the OAU would play a vital role, together with the international community, in promoting humanitarian and political solutions to the current crisis in the Great Lakes region of Africa. The OSCE over the past few years had become involved in efforts to directly protect internally displaced persons in Tajikistan, Bosnia and Herzegovina, and the Caucasus.

Since it was governments that must bear the primary responsibility for the plight of internally displaced persons, country visits and dialogues with governments were extremely important, he said. It was particularly significant that country missions focus attention on specific crisis situations in the affected countries and make recommendations on what could be done by the governments concerned in cooperation with the international community, including governmental and non-governmental organizations, to alleviate the situation.

Country visits also provided an important opportunity for a constructive exchange of views with the governments and other pertinent actors and helped raise the level of awareness within the country to the problem of internal displacement, he said. The Special Rapporteur was pleased to report that at the end of the current month, he would be visiting Mozambique to look at the return and reintegration process. Country visits, however, were bound to have a limited impact unless there was appropriate follow-up. Constant monitoring was needed to ensure that situations were, in fact, improved and that recommendations arising from discussions with governments and international organizations were carried out.

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