INTERNATIONAL FORCE NECESSARY TO ENSURE EMERGENCY RELIEF, REFUGEE REPATRIATION IN RWANDA, SPECIAL RAPPORTEUR TELLS THIRD COMMITTEE

18 November 1996

Press Release
GA/SHC/3393

INTERNATIONAL FORCE NECESSARY TO ENSURE EMERGENCY RELIEF, REFUGEE REPATRIATION IN RWANDA, SPECIAL RAPPORTEUR TELLS THIRD COMMITTEE

19961118 Special Rapporteurs on Cambodia, Iraq, Nigeria, Extrajudicial Executions also Report, as Committee Continues Human Rights Discussion

The Special Rapporteur on the human rights situation in Rwanda, Rene Degni-Segui, called for the immediate deployment of international forces to ensure the delivery of emergency relief and the repatriation of refugees with dignity and safety, during his presentation to the Third Committee (Social, Humanitarian and Cultural) this morning.

The Special Rapporteurs on the human rights situation in Cambodia, Iraq and Nigeria, and the Special Rapporteur on extrajudicial, summary or arbitrary executions also presented their reports to the Committee, as it continued its discussion on human rights questions.

Mr. Degni-Segui said the number of human rights observers along return routes and at receiving centres should be increased. The Office of the United Nations High Commissioner for Refugees (UNHCR) must be given the resources to carry out its work and the Rwandan Government should receive substantial international assistance to root out the culture of impunity and ensure fundamental respect for human rights and freedoms.

At the end of September, the International Criminal Tribunal for Rwanda had handed down only 25 indictments and no trials had begun, largely because of the lack of cooperation of States, who gave sanctuary to the alleged perpetrators of genocide, he continued. Failure to bring to justice those guilty of genocide was morally and socially untenable, he added, and urged the international community and sanctuary States to cooperate fully with the Tribunal.

Rwanda, Iraq and Nigeria spoke in response to the reports of the Special Rapporteurs. The representative of the United Arab Emirates responded to the report of the Special Rapporteur on extrajudicial, summary or arbitrary executions.

The representatives of Mauritania, the United States and Lebanon made statements.

The Committee will meet again today at 3 p.m., to continue its general debate on human rights issues.

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this morning to continue its examination of human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms. It has also been examining reports of Special Rapporteurs on the human rights situation in individual countries. (For further background information see Press Releases GA/SHC/3388 of 13 November, 3390 of 14 November and 3391 and 3392 of 15 November.)

The Committee also has before it a note by the Secretary-General that transmits the report by the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Iraq (document A/51/496). The report states that in carrying out his mandate, the Special Rapporteur, Max von der Stoel, examined a wide range of information pertaining to general and specific allegations submitted through testimony and in documentary form. The present report reflects information at the disposal of the Special Rapporteur as of 23 September 1996.

Due to the Government of Iraq's refusal to cooperate with the placement of human rights monitors inside Iraq, the Special Rapporteur requested the sending of staff members of the Centre for Human Rights to Jordan. This location was chosen because of the possibility of obtaining relevant information from persons there who claim to be victims of, or eyewitnesses to, human rights violations committed by the Government of Iraq.

Based upon the results of that mission, it remains clear that there has been no improvement in the situation of human rights in the country and that a small number of persons continue to be responsible for the tremendous suffering of the population. The Special Rapporteur notes that he has observed, since his appointment in 1991, the constant deterioration of the situation of food and health care for the population in Iraq. The Government has responded to the dire situation by steadfastly refusing to take advantage of resources available to alleviate the suffering of the people. The policy of the Government is directly responsible for the physical and mental pain, including long-term disabilities, of millions of people and the death of thousands more. The Special Rapporteur states, it is worthwhile recalling from previous reports that there is a virtual absence of assurance for civil and political rights in Iraq, due to the dictatorial, totalitarian regime in the country -- "the system of government has been described as not only being one-party, but one man". There is absolutely no place for criticism or dissenting views; opposition is not tolerated. The country is run through extrajudicial means; there is no rule of law. Order is maintained and work is achieved by harsh coercion. Bribery and corruption are also said to be common practice.

The report goes on to say the imposition, on 31 August 1996, of military forces composed of tens of thousands of troops and including heavy artillery and tanks in action against civilian targets in northern Iraq resulted in numerous deaths and a large number of arrests and missing persons. It

Third Committee - 3 - Press Release GA/SHC/3393 41st Meeting (AM) 18 November 1996

constituted a clear violation of Security Council resolution 688 (1991), which demands that the Government of Iraq cease oppression of its civilian population, particularly in the northern Kurdish area.

The Special Rapporteur considers the adoption of Council resolution 986 (1995) on the "oil-for-food" arrangement as an important further step by the United Nations to respond to the humanitarian situation in Iraq. As a result of the Memorandum of Understanding between the Government and the United Nations, the nationwide distribution of food under the oil-for-food agreement would be undertaken by the Government based on a system of rationing cards. In view of the previously abusive use of this system by the Iraqi authorities, the Special Rapporteur expresses the hope that the implementation of the agreement will be properly assured through international monitoring. The Government has failed thus far to take steps to enlarge the resources available to it and, therefore, to those in need, the Government has continued with policies of evident discrimination.

Specifically, the Special Rapporteur points out that the geographic disparities between the pace of reconstruction and availability of rations and other basic needs favours the central part of the country and clearly disfavours the south. Not only has the Government chosen to attend to the needs of the central region over all others, but it has at the same time caused the withdrawal of international humanitarian assistance to the southern region which is specifically disfavoured. Basic geographic disparity also remains the clear preference granted to specific strata of society in the pay of the Government, namely the Baath Party elite, the military in general and some divisions in particular.

In view of his conclusions, the Special Rapporteur recommends that the Government abrogate all laws and decrees which prescribe cruel, inhuman or degrading treatment or punishment. He also states that the Government should refrain from all actions which contribute to insecurity affecting the population, such as the use of military forces against civilian targets, and which prevent implementation of the "oil-for-food" formula under independent United Nations supervision.

The Addendum to the Special Rapporteur's report on the situation of human rights in Iraq (document A/51/496/Add.1) includes the results of the mission based upon information received during the visit to Iran by two staff members from the Centre for Human Rights from 14 to 24 October 1996. During the mission, the staff members visited five refugee camps and received

detailed testimony from a total of 50 refugees from northern Iraq. They also met with other persons of interest from intergovernmental and non-governmental humanitarian organizations.

The population living in the camps that were visited had arrived in Iran following the events that took place in early September 1996. Therefore, the events mentioned do not refer to the outbreak of the fighting that took place in October and has resulted in another flow of persons crossing the border

Third Committee - 4 - Press Release GA/SHC/3393 41st Meeting (AM) 18 November 1996

into Iran; the mission was simply unable to meet with the new arrivals.

Most of the interviewees stated that the Iraqi Army and government security services had moved into the northern territory to engage in a campaign clearly aimed at eliminating remnants of the opposition. Most, if not all, of the refugees stated that Iraqi security services had employed a variety of means to terrorize and remove from influence or activity persons living in the area who were considered to be hostile to the Government of Iraq and to destroy all the offices and logistics used by these groups during the past five years when the northern territory was not under the authority of the Government in Baghdad. All non-Kurds living in the region were said to be presumed to be members of the opposition, with several having been arrested and taken to Mossul, Kirkuk or Baghdad if not subjected to immediate extrajudicial sanctions, including execution.

The testimonies received during the mission to Iran confirm reports previously received by the Special Rapporteur. They detail typical and well- documented practices of the Government of Iraq. The undeniable effect of these practices is to instil terror into the population, to eradicate opposition and to force the population into submission. In the face of such terror, large numbers of persons have again chosen to flee across international frontiers through difficult terrain and to unknown circumstances in search of refuge.

Human Rights Reports

THOMAS HAMMARBERG, the Special Representative for human rights in Cambodia, said his report focused on the rights of the child; protection against the effects of land-mines; the rule of law and independence of the judiciary; and political freedom and freedom of expression. The Cambodian Constitution explicitly protected the rights of the child. However, child prostitution and trafficking of children was rapidly becoming a serious human rights problem. In many cases, the problem must be characterized as one of slavery and trade in human flesh. The age of child victims was going down; girls as young as 10, 11 and 12 years old were now found in brothels. Young girls were being abducted simply because they were virgins. Both Prime Ministers had declared their outrage at the situation and a high-level delegation had been sent to the Stockholm conference on the commercial exploitation of children. A law had been passed at the beginning of the year against the trafficking, sale and exploitation of human beings with heavy sentences if victims were under 15 years old. Unfortunately, the law had not been effective. Local attempts to close brothels and other places promoting child prostitution had been undermined by individual police and military with private interests in the business. There was a need for an awareness campaign in schools. The problem had international dimensions which needed international cooperation.

More than 200 people were reported injured by land-mines every month, he said, but the real figure was probably much higher because many accidents went unreported. The Government said it had stopped importing anti-personnel land- mines long ago, but a law which should prohibit the production, stockpiling

Third Committee - 5 - Press Release GA/SHC/3393 41st Meeting (AM) 18 November 1996

and use of land-mines had not been sent to the National Assembly.

He said there was a deep problem with the functioning of the justice system in Cambodia. The courts were badly-equipped and under-resourced and judges' pay was so low they had to seek supplementary sources of income, which endangered the independence of the system. Very few judges or prosecutors had legal education. Impunity was a crucial challenge facing the judiciary, the rule of law and the promotion and protection of human rights. De facto impunity seemed to be the result of the entrenched power of the police, military and other armed forces. Some bad elements within their ranks were too powerful or dangerous to face prosecution.

Institutionalized de jure impunity resulted from article 51 of the 1994 Law on Civil Servants which provided that, except for cases of in flagrante delicto, no civil servant could be arrested or prosecuted for any crime unless the Government or concerned Ministers consented in advance, he continued. In some cases requests for arrests and prosecution had been refused. Article 51 contributed to a climate of lawlessness in which police and the military were not held responsible for their acts even when they involved murder, rape, robbery or arson. The Second Prime Minister had made clear his support for repealing article 51. Attacks and threats against justices and prosecutors, as well as structural problems of the judiciary, were a concern. The Supreme Council which appointed, transferred and disciplined judges and prosecutors, and reviewed all draft legislation related to judicial matters, had not been convened.

National elections would be held in 1998 and commune elections were also planned; both major parties had made unequivocal statements that steps would be taken to ensure free and fair elections, he continued. An independent electoral commission responsible for the conduct of the elections would be indispensable for a neutral environment. There tended to be violence between the political parties and some media and journalists had suffered attacks and threats during the last three years.

MAX VAN DER STOEL, Special Rapporteur of the Commission on Human Rights on the situation of human rights in Iraq, said he profoundly regretted that he was unable to report any good news about the situation in Iraq. There had only been more evidence of the violative -- and apparently incorrigible nature -- of the prevailing regime in Iraq.

The assault of Iraqi troops on civilian settlements on 31 August 1996, including indiscriminate bombardment by heavy artillery and tanks, constituted an excessive use of force which resulted in the arbitrary killing and injury of a large number of innocent persons, he said. The excessive and arbitrary use of heavy weapons was followed by widespread arbitrary arrests and summary executions, including at least one instance of mass executions. These actions of Iraqi forces were clearly in accord with orders and plans prepared by the Government of Iraq in shameful violation of the norms of both international human rights and humanitarian law. The Iraqi forces have since withdrawn, but

Third Committee - 6 - Press Release GA/SHC/3393 41st Meeting (AM) 18 November 1996

credible reports and testimonies indicated that Iraqi security services were now entrenched in parts of the region and were a source of great fear among the population.

Due to the Government's use of its powers over access to food and health care to subjugate the populations, the harsh internal embargoes should be lifted, he said. There must be an adequate number of qualified human rights monitors stationed throughout the country, particularly in the south, with complete freedom of movement and access to ensure against mass violations. The Government of Iraq had consistently denied that it used resources, including food, medicine and other humanitarian necessities to exact compliance or effect penalties again those it suspects of opposition. Yet, the Government publicly announced on 12 September that the internal embargo against the north had been lifted, therefore confirming what it had previously denied.

The March 1996 elections to the National Assembly of Iraq provided more evidence that the genuine will of the people was not the basis of authority in Iraq, he said. All elected deputies were required to swear their support for the principles of the Baath Party and the regime and, among other things, affirm their belief that the first and second Gulf Wars had glorified Iraq. The overwhelming majority of elected deputies were members of the Baath Party, and Saddam Hussein had appointed 30 deputies to represent the northern region from which the Government had withdrawn its administration, and where no elections were held. The real political power resided in the person of Saddam Hussein, and it remained clear that Iraq was governed by a totalitarian dictatorship.

Arbitrariness continued to be the feature of government administration in Iraq, he said. It was an arbitrariness rooted in the whims of dictatorial power which, accompanied with ruthless and severe punishments, instilled fear into every citizen. One especially cruel but effective use of it had been the systematic technique of enforced disappearances. In the past year, hundreds more cases of disappearances had been registered with the United Nations Working Group on Enforced or Involuntary Disappearances. The Iraqi Government, however, had not seen fit to respond to the vast majority of those cases. In addition, over 600 cases of Kuwaiti and third country nationals still remained missing six years after they were arrested by Iraqi forces occupying Kuwait. The long-suffering people of Iraq needed the Government to cease its repression immediately, to abrogate its cruel laws, to dismantle its notorious security apparatus, to cooperate with the United Nations to implement the "oil-for-food" formula resolution and to comply with all United Nations resolutions to facilitate peace and security in the country and in the region.

MOHAMMED ABDULLA M. AL-HUMAIMIDI (Iraq) said that he had read the Special Rapporteur's report, had listened to his statement, and had hoped to hear something different. But the report reflected a political position that was antagonistic to his Government. The report's intention was to undermine Iraq's territorial integrity, and that ran counter to international cooperation and objectivity in the field of human rights. His Government

Third Committee - 7 - Press Release GA/SHC/3393 41st Meeting (AM) 18 November 1996

would present a detailed response to the Special Rapporteur's report later on, and he would instead attempt to address a few of the allegations included.

The Special Rapporteur's sources were a decisive element in the report's credibility, he said. And it appeared that he depended on two types of sources: elements with ties to foreign countries and sources with ties to the Central Intelligence Agency (CIA) of the United States. An investigation of the events in September 1996 mentioned in the report had uncovered scandals concerning the ties between the CIA and the so-called Iraq resistance, and the claims of those sources only served their own interests.

The Special Rapporteur's ill intentions were clear in his desire to undermine the Government and avoid giving it credit for good intentions, he said. The report should have mentioned the democratic achievements of 1995 and 1996, which included general amnesty, lessening of capital punishment acts and establishment of a popular council. All those measures contributed to the promotion of human rights and democracy in Iraq. Regarding the allegation of systematic discrimination of health care and food, the Government had followed the ration system ever since the embargo was instituted in 1990. Every Iraqi citizen had received certain items in every foodstuff category. There was no discrimination, and this had been witnessed by visiting missions. Information about this policy had been forwarded to international entities.

Accusations of widespread detention and destruction in northern Iraq were unfounded, he said. The Government had intervened upon the request of one part of the Kurdish population, but the operation was quick, caused no loss of human life and was witnessed by United Nations monitors. This

operation was followed by a United States missile strike that caused great destruction and death.

He said the Special Rapporteur should be committed to the basic United Nations criteria in the field of human rights: objectivity, integrity and non-selectivity. The promotion of human rights should be the main objective of such a report, not meddling in the internal affairs of the country concerned.

RENE DEGNI-SEGUI, the Special Rapporteur for human rights in Rwanda, presented his report (document A/51/657) which addressed the investigation into the genocide of 1994 and the special situation of women and children and the minority group, the Twas; problems of proceedings against the presumed perpetrators of the genocide, including progress and achievements and the work of the International Criminal Tribunal. The report also examined current human rights violations and the return of refugees.

He said human rights observers were continuing to collect information on the genocide and other crimes against humanity. The International Criminal Tribunal had deployed 30 or 40 professionals throughout Rwanda and handed down its first indictments on 12 December 1995. The inquiry into the genocide was now being directed towards addressing the underlying causes. Political and historical causes seemed to be decisive, but the power of the State was a

Third Committee - 8 - Press Release GA/SHC/3393 41st Meeting (AM) 18 November 1996

major factor. Although the roots of genocide were deep, responsibility for it lay with the perpetrators not with the colonizers. Social and economic factors acted as a catalyst for the genocide against vulnerable groups. Women were the main victims because of the outrages, including rape, committed against them. Rape was used as an instrument of war. Children were victimized in two ways. They were used by both sides as instruments for committing crimes against humanity, either as civilians or soldiers, and were also innocent victims of the genocide. The minority group, the Twas, was not spared. As of 30 September, the Tribunal had handed down only 25 indictments of the 400 suspects and no trials had begun. That was largely because of the failure of States, giving sanctuary to those guilty of genocide, to cooperate. Failure to bring to justice those guilty of genocide was morally and socially untenable. He urged the international community and sanctuary States to cooperate fully with the Tribunal.

There had been a resurgence of some human rights violations, he said. However, violations against the right to property and occupation of property had fallen. Only 10 per cent were caused by disputes between old and new returnees, although the situation could change with a massive return of refugees. Attacks on freedom of expression could take the form of physical violence, intimidation and kidnapping. The number of arbitrary arrests of people accused of taking part in the genocide had fallen, but prison overcrowding had worsened. There had been a resurgence of attacks on persons and the right to life, mainly by infiltrators from neighbouring countries, particularly Zaire. The attacks included murder, armed ambush and the laying of mines and the counterattacks had been vicious.

In his report, the Special Rapporteur made a number of recommendations on assistance to the victims of genocide; the "rehabilitation" of Rwanda's judicial and prison system; the opening of trials at the International Criminal Tribunal for Rwanda and the cooperation of States; the punishment of current human rights violations; and the strengthening of reception, settlement and security facilities for returnees.

He also recommended the United Nations demand that the Rwandan authorities observe the forms and procedures laid down by national legislation, and the international rules governing arrest and detention of suspected criminals; observe freedom of expression and punish all human rights violations as a means of breaking the tradition of impunity. The United Nations should also substantially increase its assistance to the Rwandan Government to enable it to implement its programme for development of sites to receive returnees and alleviate, if not eliminate, the recurring problems of housing and land conflicts from illegal occupations of properties. The number of human rights observers should be increased from 147 (the initially planned figure which was never achieved) to 300 so that they could ensure the supervision and repatriation of refugees during the mass return.

The return of refugees challenged the plan of the United Nations High Commissioner for Refugees (UNHCR) set out on 11 October, which sought the return of refugees in an integrated way, the gradual closure of camps and separation of the alleged perpetrators of genocide from other refugees. The

Third Committee - 9 - Press Release GA/SHC/3393 41st Meeting (AM) 18 November 1996

current crisis was undermining that strategy but the international community had hesitated before taking appropriate action. He recommended immediate deployment of international forces to ensure the delivery of emergency relief and the repatriation of the refugees with dignity and safety. The number of human rights observers along return routes and at receiving centres should be increased. An international conference on the situation in the Great Lakes region must be convened, and a special session of the Commission on Human Rights should be held to investigate the situation there. There must also be confidence-building measures to address underlying problems in the region. The UNHCR must be given the resources to carry out its work and the Rwandan Government must receive substantial international assistance to root out the culture of impunity and ensure fundamental respect for human rights and freedoms.

Responding to the Special Rapporteur, VENUSTE HABIYAREMYE (Rwanda) said both his report and comments described the alarming situation in the Great Lakes region and the current state of investigation into genocide, violations of human rights and the return of the refugees. His Government had played a positive role in overcoming the devastation after genocide and reintegrating its citizens. The critical situation facing the Government was that the perpetrators of genocide had still not been sufficiently punished. The Government had not yet received backing and resources to carry on its struggle against impunity and to establish the rule of law.

The report minimized the obstacles facing the Government, he continued, including the amazing speed of the genocide and the resulting devastation. The Government was doing all it could to eradicate the effects and bring the perpetrators to justice. Rwanda was also resolutely committed to combating impunity and establishing the rule of law. A new law against genocide would enable procedures against the perpetrators to be initiated and trials to continue. However, that had not been mentioned in the report, nor had the Government's measures to establish commissions for the settlement of basic disputes. The human rights of returning refugees would be given attention to help them reintegrate into their environment.

PARAM CUMARASWAMY, Special Rapporteur on independence of judges and lawyers, speaking on behalf of Bacre W. Ndiaye, Special Rapporteur on extrajudicial, summary or arbitrary executions, introduced their report on the situation of human rights in Nigeria (document A/51/538).

Following the execution of nine Ogoni leaders last year, the Special Rapporteurs sought an invitation from the Nigerian Government to carry out an investigation, he said. Since that time they had sent numerous reminders to the Government providing specific dates for a possible mission, and they had met with the Permanent Representative of Nigeria to the United Nations at Geneva. Unfortunately, no agreement had been reached with the Government on the dates and terms of a visit, and the Special Rapporteurs were unable to carry out the mission prior to the finalization of their interim report.

On 4 October 1996, the Permanent Representative of Nigeria to the United Nations Office at Geneva contacted the Special Rapporteurs regarding their

Third Committee - 10 - Press Release GA/SHC/3393 41st Meeting (AM) 18 November 1996

requests for a visit to Nigeria. The Representative said that since March 1996, the Government of Nigeria had been "seized with the management of a number of successive visits", including the United Nations fact-finding mission, the African Commission on Human and Peoples' Rights, the Commonwealth Ministerial action group and the United Nations goodwill mission to Nigeria and Cameroon. As a consequence of those visits, it had become difficult to accede to the request to carry out a mission in the specified time frame. He reiterated Nigeria's willingness and readiness to welcome the Special Rapporteurs and proposed the last week of November 1996 or the second week of December 1996 as possible dates for the visit.

The Special Rapporteurs had then requested a visit during the last week of November 1996 and suggested that the mission would require a minimum of 10 working days, perhaps between 25 November and 5 December 1996, he said. The Representative acknowledged receipt of the Special Rapporteurs' request and informed them that upon receipt of precise details of the mission, the Government would also be informed. On 18 October 1996, a note was received from the Permanent Mission requesting further clarification from the Centre for Human Rights, including information about the itinerary, places and persons to be visited. The Government also stated that it was not convenient for the rapporteurs to visit the last week of November, contrary to its earlier proposal. The sequence of events described clearly demonstrated the recalcitrant attitude of the Government of Nigeria, he said. While the Government emphatically professed its commitment to the transition to civil rule and respect for human rights, their actions demonstrated something far different.

The report catalogued allegations received during the past year by special rapporteurs and working groups of the Commission on Human Rights, he said. In Nigeria, the rule of law had been undermined and the country was governed by military decrees that were issued at the whim of the regime. Journalists, lawyers and human rights activists who were critical of the Government and questioned the legality of its actions had been arbitrarily detained without charge or trial or were sentenced to prison following unfair trials by special tribunals created by the Government.

Many of those detained were suffering from the horrid prison conditions and the lack of medical care provided by the authorities, he said. Lawyer Gani Fawelhimni, held incommunicado since early 1996, was reported to have required emergency hospital treatment on several occasions. Beko Ransome- Kuti, another lawyer who had been sentenced to 15 years' imprisonment for defending those in the so-called coup-plotters trial, was said to be suffering from malaria and malnutrition. Those were only two examples of the scores of detainees languishing in prisons, and there were also widespread reports of ill-treatment and torture of detainees. Numerous reports have also been received containing allegations of the excessive use of force by police or the military in carrying out arrests or breaking up peaceful demonstrations. In October, reports were received indicating that as many as 50 people were killed when police indiscriminately fired upon demonstrators in Kaduna.

Through its actions, the Government had repeatedly shown its

Third Committee - 11 - Press Release GA/SHC/3393 41st Meeting (AM) 18 November 1996

indifference to world opinion and its contempt for human rights, he said. A Member State of the United Nations should not be allowed to renege with impunity on its obligations under the various international and regional human rights treaties to which it had acceded. The Rapporteurs requested that the General Assembly express its deep concern over the continued recalcitrant attitude of the Government of Nigeria to world opinion and adopt appropriate measures commensurate with the magnitude of human rights violations committed by the Government.

E. EGWA (Nigeria) said his Government supported efforts to promote and protect human rights and had been cooperating with United Nations agencies and its organs. Certain information in their report showed that the Special Rapporteurs had not been clearly briefed, and there were many things that did not reflect the real situation in Nigeria. There was too much heresay in the report, and it should be put in the proper perspective for the international community.

Regarding the Special Rapporteurs' visit, Nigeria had tried its best to make arrangements that would be amicable to both parties, he said. Other missions and special envoys had been sent to Nigeria, under directives of the Secretary-General, on three occasions in the last year. The missions had been successful and anyone would attest to that fact. The Rapporteurs had been invited, and the programme of work had yet to be worked out. The last week of November or the second week of December had been submitted by the Government for consideration by the Rapporteurs. He was unaware of any lack of cooperation on the part of the Government which had given time periods that were the most convenient. The Government had no hidden agenda to thwart a visit by the Rapporteurs; in fact, it had received many visitations in the last year.

Gani Fawehimni and Beko Ransome-Kouti were in the good hands of prison authorities, he said. The Government was not aware of any improprieties or ill-treatment. The two men were seen on a daily basis, and their families were able to visit them on a daily basis. Nothing had been done to damage their condition in prison, and they were in good spirits.

Statements

AHMED OULD SID'AHMED (Mauritania) said the problems which caused war could not be handled only by politicians and the military. Cultural and social conditions and relations between countries were also important. The United Nations Educational, Scientific and Cultural Organization (UNESCO) had made an important contribution with its widespread programme entitled: "Towards a Culture of Peace". His Government attached a great deal of importance to encouraging the principles of democracy and freedom of expression and had a system of party pluralism and freedom of the press. More than 30 dailies and periodicals provided a free forum for different points of view. He called on governments to support UNESCO activities which, he said, would help guarantee democracy, good neighbourliness and peace.

ALI MOHAMMAD RASHID RABIA (United Arab Emirates) said the report of the

Third Committee - 12 - Press Release GA/SHC/3393 41st Meeting (AM) 18 November 1996

Special Rapporteur on extrajudicial, summary or arbitrary executions in his country had been inaccurate and shallow. The country's judicial and legal system was based on the Islamic law of Sharia and on the principles of tolerance, justice and human rights. It was disconcerting that the Special Rapporteur did not have accurate information on the United Arab Emirates' legal system which, in fact, prevented human injustice and safeguarded human rights. The report was based on erroneous, untrue and irrational information.

It had been gathered by people who were not fully aware of conditions in the country.

In the case of a 15-year-old Filipino girl, Sarah Balabagan, who had been sentenced to death for the murder of her master, the sentence had been commuted due to the mercy and forgiveness of the deceased's relatives. The country's judicial system only allowed for the death penalty in restricted cases and a presidential decree guaranteeing justice for everyone, called for objectivity in its use. The Rapporteur should have contacted relevant government ministries to verify the reliability of the data in his reports. His Government's laws were based on a respect for human rights and the culture and values of foreigners living in the country.

GERALDINE FERRARO (United States) said although only three years had passed since the Vienna Declaration and the Programme of Action had been adopted, together they constituted one of the most comprehensive and far- reaching affirmations of human aspirations in modern times. The Declaration reaffirmed the principle that "human rights were universal" and that no State could ignore its obligations to its people. The Programme of Action took that principle and gave it substance. Within it, the nations of the world reaffirmed "their solemn commitment to fulfil their obligations" and agreed that it was "the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms". However, some nations seemed to have trouble understanding terms like "solemn commitment" and "universal respect". There were still countries whose solemn commitment to promoting the universal respect for human rights remained highly suspect.

One of the most significant accomplishments of the Vienna Declaration was its recognition that "the human rights of women and of the girl-child were an inalienable, integral and indivisible part of universal human rights", she said. That such a statement would need to be made may serve as testimony to the blindness of our laws and institutions until now. One of the most important legacies of Vienna was the spirit that inspired the historic 1995 Beijing Women's Conference -- it could hardly have taken place had Vienna not set the process in motion two years before.

The Vienna Conference issued the international community a challenge that might take years to meet, she said. It affirmed the universality of human rights, defended democracy and mandated the inclusion of women and minorities into every nook and cranny of human rights law and institutions. Perhaps that set a standard higher than any of us could achieve, but that was no reason to shrink before the task. The ideals embodied in the Vienna

Third Committee - 13 - Press Release GA/SHC/3393 41st Meeting (AM) 18 November 1996

Declaration should be seen as a kind of universal conscience, a high-water mark against which we could measure our achievements and our shortcomings.

HASSAN KASSEM NAJEM (Lebanon) said his Government had been a long supporter of human rights and human rights instruments. The Government had always proclaimed a deep commitment to the protection and promotion of human rights, yet it was forced to witness the daily violation of its people's basic human rights by Israeli occupying troops. The Lebanese people suffered every day from violence and the Israeli occupation of its territory, which was in defiance of all Security Council and General Assembly resolutions. The crimes against the Lebanese people were many and included the bombardment of civilian villages with heavy artillery and the detention and deportation of citizens, as well as other terrorist activities.

The suffering of the Lebanese people would not end until the Israeli forces retreated from occupied land, he said. The Government called upon the international community to hold Israel accountable to United Nations resolutions, for the Israeli occupation of Lebanon was the main obstruction in the road to peace in the region.

BACRE WALY NDIAYE, the Special Rapporteur on extrajudicial, summary and arbitrary executions, said his report covered his methods of work and activities since 1992, including communications, urgent appeals, other allegations, government replies and follow-up. It also covered capital punishment, death threats, deaths in custody, deaths as a result of excessive force by law enforcement officials and attacks by civil defence forces and paramilitary groups, violations of the right to life during armed conflict, genocide, imminent expulsion of persons to a country where their lives are in danger, impunity and the rights of victims. He said the present resource picture as it affected his activities was very discouraging. He had only two assistants in Geneva and had tried to refine his methodology and efficiency by using consultations with other special rapporteurs and experts.

Right now, women, children and elderly people were fleeing from death or towards death in the Great Lakes region of Africa, he continued. He went on to outline his visits to various countries, including the Federal Republic of Yugoslavia, Rwanda, Peru, Colombia and Indonesia. He had spent the whole year trying in vain to visit Nigeria. With few exceptions, his visits to countries attracted attention. His report also dealt in detail with the use of the death penalty and impunity, as well as the protection of human rights. South Africa had abolished the death penalty but other countries, including Côte d'Ivoire and the United States had expanded its use. He urged all countries to abolish the death penalty or at least allow for a six-month period between sentencing and execution. Many in detention suffered torture and there was a need for a special rapporteur to investigate detention. The International Criminal Tribunals for the former Yugoslavia and Rwanda had been set up, but much remained to be done before the establishment of an international criminal court. The international community must do more to prevent human rights abuses and genocide rather than intervening when it was too late.

Third Committee - 14 - Press Release GA/SHC/3393 41st Meeting (AM) 18 November 1996

The representative of Cuba asked the Special Rapporteur for further information on the criteria used for assessing the credibility and admissibility of communications received at the Commission on Human Rights. How did the Special Rapporteur reconcile his mandate to prevent summary executions with the right of any State to apply the death penalty? he asked. Mr. NDIAYE replied that he had received allegations from many non- governmental organizations. He first checked the organization's credibility as he sometimes had not heard of them. Then he looked to see if the charges were specific and included the names of victims, perpetrators and the facts of the case, not just the situation surrounding or leading up to the situation. He only had two assistants in Geneva and they could not check all the facts about every case. His job was to see that governments discharged their responsibility. He used a questionnaire for non-governmental organizations who sent complaints. His 1993 report described his methodology in detail. Regarding the right to life and the use of the death penalty, he said it should not be applied without ensuring all guarantees, including those laid down by the Economic and Social Council. The guarantees included the rights to a defence, that confession had not been extracted by torture, to an interpreter, and to appeal. If those criteria were not met, then the use of the death penalty, even if officially proclaimed, was a violation of the right to life. The General Assembly had, on numerous occasions, called for an end to the use of the death penalty and he agreed with it. The representative of Côte d'Ivoire said that as far as his Government was concerned the death penalty had not been applied over the last 30 years or more, either under the current President or the previous President. Mr. NDIAYE said it was true that there had not been any executions in Côte d'Ivoire in the past 30 years. However, he was concerned about new capital punishment laws that could facilitate rapid trials and sentencing that would leave the condemned person without due course of appeal. The representaive of Nigeria said that to the best of his Government's knowledge there had not been any executions since those of Saro-Wiwa and the eight others. Did the Special Rapporteur know of any others? In addition, malaria was not limited to people in prison in that part of the world. His Government also believed that law enforcement agents had rights to live and human rights. If they were attacked by fanatical demonstrators, they had the right to defend themselves. Mr. NDIAYE said special jurisdictions did indeed exist in Nigeria, and there were several reports that they did not respect the guarantees of right to defence. Concerning inter-community conflicts, the solution was to figure out how to prevent them. It was the Government's responsibility to stop them before they exploded and then to apply laws. Also, in the very rare, extreme cases, law enforcement agents should be aware of difference between neutralizing an individual and killing him.

* *** *