STATES RESPOND TO CRITICISMS OF THEIR HUMAN RIGHTS SITUATIONS AS THIRD COMMITTEE CONTINUES HUMAN RIGHTS DISCUSSION
Press Release
GA/SHC/3396
STATES RESPOND TO CRITICISMS OF THEIR HUMAN RIGHTS SITUATIONS AS THIRD COMMITTEE CONTINUES HUMAN RIGHTS DISCUSSION
19961119 Capital punishment was the unequivocal right of a sovereign State, and no government should be made to apologize for it, the representative of Malaysia told the Third Committee (Social, Humanitarian and Cultural) this afternoon during its discussions of human rights issues.The Special Rapporteur on extrajudicial, summary or arbitrary executions had done Malaysia an injustice by including it in a list of countries where those practices occurred, he said. Countries where conflict and public disorder existed could not be compared with peaceful, conflict-free, democratic Malaysia, where the mandatory death sentence always acted as a deterrent against drug offences. The international community must treat the global human rights situation with the same emphasis and not focus on certain aspects of human rights.
In a meeting where a number of speakers responded to criticisms of the human rights situation in their respective countries, the representative of Turkey said his country was struggling alone with the scourge of externally encouraged terrorism and was sparing no effort to enhance its multi-party democratic system. Therefore, it was sensitive to any allegation of human rights violations. Violations by States, groups or individuals must be investigated, however, allegations concerning human rights abuses in other countries must not be turned into material for domestic consumption.
The representative of Haiti said all new democracies faced challenges, which was why development was vital to guarantee the democratic process. Her country had reached an important turning point after assimilating a number of legislative and administrative reforms. The country had built a solid basis from which to eradicate old, arbitrary dictatorial practices, but concrete, practical development assistance was needed.
Representatives of Bangladesh, The former Yugoslav Republic of Macedonia and Iran also made statements on human rights.
Israel, Niger, China, Sudan, Rwanda, Equatorial Guinea, Iraq, Democratic People's Republic of Korea, Latvia, Lebanon, Indonesia and Turkey spoke in exercise of their right of reply.
The Committee will meet again at 10 a.m. Wednesday, 20 November, to continue its discussion of human rights questions.
Committee Work Programme
The Third Committee (Social, Humanitarian and Cultural) met this afternoon to continue its general debate on human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms. (For further background information see Press Releases GA/SHC/3388 of 13 November, 3390 of 14 November, 3391 and 3392 of 15 November, 3393 of 18 November and 3395 of 19 November.)
Statements
ANWARUL KARIM CHOWDHURY (Bangladesh) said his Government expected that the reports before the Committee would be more accurate and truly reflective of the situations to which they referred. The report of the Special Rapporteur of the Commission on Human Rights for extrajudicial, summary or arbitrary executions made a reference to the Chakmas in Bangladesh in paragraph 97 in the section on the violations of the right to life of persons belonging to national, ethnic, religious or linguistic minorities. However, it did not include -- in the following section on the violations of the right to life and terrorism -- descriptions of the acts of terrorism and waves of violence caused by armed insurgents that have led to the killings of hundreds of innocent civilians, including women and children in Bangladesh. At the very least, the Government would have expected the Special Rapporteur not to have been selective in presenting the facts and that he be an impartial observer of the situation. Respect for the principles of universality, objectivity, impartiality and non-selectivity were of the utmost importance in the consideration of human rights issues in the United Nations.
Bangladesh fully supported the need for the restructuring of the Centre for Human Rights; however, it was concerned how the restructuring was proceeding, he said. It was important that all Member States should have the opportunity to examine and consult the proposals being made before they were implemented. While restructuring efforts should be aimed at improving the efficiency and effectiveness of the United Nations human rights machinery, they should be carried out within the priorities and mandate set forth by Member States and maintain the centrality of the intergovernmental and multilateral organs on human rights. Bangladesh would like to examine more closely the proposals made for restructuring before providing further comments.
AHMET ARDA (Turkey) said the major concern in the field of human rights was to protect the individual from the actions of the State and agents of the State and prevent a repetition of the atrocities committed by the Nazi and Fascist regimes. However, the drafters of the Universal Declaration of Human Rights deliberately did not touch on the rights and responsibilities of individuals and groups. Therefore, one important tenet of law, the balance between rights and responsibilities exists only slightly in all documents. Article 30 of the Declaration, which later found its place in almost all human rights covenants, states that nothing in the Declaration can be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights contained in
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the Declaration. In other words, human rights were considered as "erga omnes", and they could be violated by State actors as well as non-State actors.
The deliberate disregard of article 30 of the Declaration was only one side of the challenge facing the world, he said. Current human rights mechanisms failed to cover most contemporary forms of human rights violations. Most armed clashes were within States and most non-State actors used indiscriminate violence against men, women and children. Random violence by terrorists against innocent civilians was well within the scope of human rights violations. On one hand, Turkey was struggling alone with the scourge of externally encouraged terrorism, to totally eliminate it. And, on the other hand, it was sparing no effort to enhance its multi-party democratic system. Its constitutional amendments and changes in legal documents all had that objective.
Turkey was constantly reviewing its legislation to further expand the boundaries of human rights and fundamental freedoms for its citizens, he said. Therefore, it was sensitive to any allegation on human rights violations. Such claims were dealt with and any possible perpetrator brought to justice. Turkish citizens had the right to individually petition the European Commission for Human Rights and, in 1988, Turkey ratified the European and United Nations conventions on torture without any reservations. Violations by States, groups or individuals must be investigated, however, allegations concerning human rights abuses in other countries must not be turned into material for domestic consumption.
NICOLE ROMULUS (Haiti) said in December 1995, the transparent elections for president had led to the first democratic passing of power between two Presidents in the country's history. The new Government would continue to restore institutions in its efforts to strengthen the democratic process. For example, it was making sure the new police force was subordinate to the Ministry of Justice. However, it was a young force with limited experience and expertise and it had not yet been able to respond to all the needs of the population. There had been some abuses of authority and the Government was striving to make the force more professional. It had also adopted a set of measures to train judges and magistrates at the national judiciary school, which had been established in July 1995. A new bill had been introduced to reform the judiciary. The prison system was also being improved.
She said Haiti had come to an important turning point and had assimilated a number of reforms, including legislative and normative functions to ensure the full participation of the population. It was very grateful for the international community's help. Much remained to be done, but the country had built a solid basis from which to eradicate old, arbitrary dictatorial practices. All new democracies faced challenges, which was why development was vital to guarantee the democratic process in Haiti. Development must take place in harmony with the people and their real needs. It was important to realize the urgency of implementing specific, concrete actions for development, which were in keeping with the country's fragile transition from dictatorship to democracy.
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DATO ABDULLAH AHMAD (Malaysia) said in the report on extrajudicial, summary or arbitrary executions, the Special Rapporteur mentioned Malaysia in the context of cases that "evinced a fear of imminent extrajudicial, summary or arbitrary executions" which included imminent execution of death sentences [sub-section III (B)]. Under another section [sub-section III (C)], the Special Rapporteur stated that he had sent alleged cases of extrajudicial, summary or arbitrary executions to the governments of 89 countries, including Malaysia. The Special Rapporteur had done Malaysia an injustice by lumping all the countries mentioned into the same category. There were no such cases in Malaysia, and the fear of imminent extrajudicial, summary or arbitrary executions in countries where conflict and public disorder existed obviously could not be compared with the peaceful, conflict-free situation in a democratic country like Malaysia. Furthermore, by not giving the specific number of cases in each country, the Special Rapporteur gave the impression that each of the countries mentioned was rated equally, in terms of the seriousness of the alleged problem.
There were laws in Malaysia which carried the maximum penalty of the death sentence, and one such law was the Dangerous Drugs Act of 1952 which carried a mandatory death sentence, he said. In paragraph 145, the Special Rapporteur urged the abolition of the death penalty in every country that currently enforced it. His Government doubted that the Special Rapporteur understood the situation which led countries to impose this harsh punishment. In Malaysia, it was believed that the mandatory death sentence always acted as a deterrent against the commission of drug offences. Capital punishment was the unequivocal right of a sovereign State to impose, and the Government made no apology for it.
It was relevant and pertinent to remember that the promotion and protection of human rights should be guided by the Vienna Declaration and Programme of Action which emphasized that all human rights were universal, indivisible, interdependent and interrelated, he said. The international community must treat the global human rights situation on an equal footing and with the same emphasis, not simply focusing on a certain aspect of human rights. For example, it should not favour freedom of speech over ethnic cleansing.
ELIZABETA GORGIEVA (The former Yugoslav Republic of Macedonia) said the existence of minorities was a matter of fact and not a matter of law. The Republic of Macedonia, as all other Balkan States, was not ethnically homogenous. National minorities enriched societies and represented the basis and bridge for building friendly and good-neighbourly relations, and constructive cooperation between States. The promotion and protection of minority rights was crucial to the stability in her country and the entire Balkan region. One of her Government's fundamental strategic commitments was the promotion and protection of the rights of peoples belonging to national minorities. The protection of minority rights was regulated by a clear and comprehensive legal framework and their special treatment was provided for at the constitutional level. The legislation fully complied with international
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standards and in certain spheres, particularly in education and local self- government, went beyond them. Such standards should be observed by all States in the region, including European countries that had a much stronger democratic tradition. The Government was creating and implementing an affirmative action policy.
Unquestionably, in cases of human rights violations, judicial protection must be guaranteed and the procedure for protection of those rights and freedoms based on priority and urgency, she said. Regretfully, in cases where there were allegations of human rights violations, political means were often employed. Consequently, there was an insufficient use of judicial protection mechanisms at the national level. Special attention should be paid to promoting and raising awareness of mechanisms available to citizens for protecting their rights. A comparative study of the position of national minorities in the Balkans would be a good basis for action.
SEYED HOSSEIN REZVANI (Iran) said the follow-up process to the 1993 World Conference on Human Right and the implementation of the Vienna Declaration and Programme of Action should mainly focus on matters whose improvement would positively affect all substantive themes. International cooperation and coordination of human rights activities, adaptation, strengthening, rationalization and streamlining of the United Nations human rights machinery were among the essential elements to shape the follow-up process. Therefore, the Government of Iran stressed the importance of the task entrusted to the Third Committee's working group on the adaptation of the human rights machinery to current and future needs. It was important to ensure that the working group enjoyed the maximum degree of cooperation from all regional groups in order to facilitate a timely and successful completion of its long overdue mandate.
Non-selectivity, impartiality and objectivity were the most essential requirements for a just, balanced and non-discriminatory treatment of all human rights, he said. Despite the strong reaffirmation of those concepts by many United Nations resolutions and declarations, the international community continued to witness the persistent reluctance by some United Nations mechanisms and institutions to address blatant violations of human rights in many parts of the world. All the United Nations mechanisms and institutions active in the field of human rights, including the High Commissioner for Human Rights, should consistently endeavour to ensure the strict compliance of the underlying principles of non-selectivity and objectivity while addressing human rights and their violation.
Right of Reply
Speaking in exercise of his right of reply, the representative of Israel said that, yesterday, the representative of Lebanon had taken advantage of the right of free speech to bash Israel. Historically, Lebanon had served as a base for terrorists whose objectives were to destroy Israel and kill as many Israeli people as possible, thus violating their right to life. A crucial issue facing any country, including Israel, was the right to protect itself against repeated attacks on its territory. But when Lebanese citizens were
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unfortunately killed by Israeli counter-attacks, it was the result of an accident and Israel always apologized to Lebanon, in sharp contrast to attacks from Lebanon which primarily targeted civilians. Israel had repeatedly stated that it had no territorial aspirations on any part of Lebanon and was committed to Lebanon's territorial integrity. When Lebanon committed itself to ending the routine attacks against Israel which emanated from its territory on an almost daily basis, then the problems between the two countries would be resolved and the violence would cease. Unfortunately, Lebanon refused to resolve its differences in bilateral negotiations. He called on Lebanon to immediately enter into face-to-face negotiations.
The representative of Niger said the representative of Ireland, speaking on behalf of the European Union, had mentioned Niger yesterday. Niger would not want to justify the 1995 coup, because its authorities had amply defended themselves on previous occasions. Neither would Niger discuss the national elections since they were favourably witnessed by human rights monitors and the success of the democratic process had been reported. Human rights organizations were also free to meet in Niger wherever they wanted. This was proof that in Niger's fledgling democracy there was a strong respect for human rights.
The representative of China said the representatives of Ireland and Canada had made groundless attacks against China. Therefore, China felt the need to categorically reject both statements. Yesterday, the Chinese representative clearly expressed his Government's view of human rights. For those representatives who attacked China, she suggested that they put aside their biased attitudes and read that statement. The Chinese Government was committed to social development and attached importance to the promotion and protection of human rights of the Chinese people.
The Chinese people were building their country with confidence and pride, she said. A few Western countries had jumped on the same lies thousands of times, but they remained lies and would never become truths. Those Western countries kept quiet about their own human rights violations while launching attacks on developing countries so as to control those economically weaker States. China would not tolerate or take part in such actions.
The representative of the Sudan referred to statements by the European Union, Canada and Norway. He said that the Special Rapporteur on the human rights situation in the Sudan stated in his report that he had not analysed the violations mentioned and would do so in his 1997 report. Therefore, the allegations were premature. His Government was investigating the alleged violations and had found many of them to be unfounded. He did not believe the European Union was in a position to send human rights observers to the Sudan. The Union had been selective in its approach and ignored other recommendations by the Special Rapporteur calling for support for his Government's measures. According to the 1993 Vienna Declaration, the Union had an obligation to help alleviate poverty and underdevelopment but had never made any attempt to address such problems. It should remember that human rights and the right to development were interrelated.
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The representative of Rwanda said he wished to refute the statement by the representative of Ireland, speaking on behalf of the European Union, in which he described a climate of hostility towards human rights in Rwanda. His Government had ended the massacres and restored calm in the country since it came to power in 1994. It had set up a national reconciliation committee and some 5,000 members of the former Rwandan army had joined the new armed forces. The Union had mentioned the improvement of prison conditions which surely was proof of a better human rights situation.
He said the Special Rapporteur had mentioned the need for new technical and human resources "to rehabilitate" the judicial system. How could there be an impartial judicial system when one did not even exist? The Union had also said it was heartened by a new law which had established categories of crimes. How could the human rights efforts and achievements of the Rwandan Government be compared with those of the International Criminal Tribunal for Rwanda which had received $36 million annually and the monies allocated for human rights. The massive return of refugees was a challenge, he added.
The representative of Equatorial Guinea, responding to allegations made yesterday by the European Union, said that such actions illustrated that it was always very easy to criticize. Equatorial Guinea was a fledgling democracy with very little experience. It had asked the European Union for assistance in organizing elections earlier this year, but it did not receive this assistance. Therefore, with limited resources, the Government organized the elections, and while they were not perfect they were the first multi-party elections in 28 years. The people of Equatorial Guinea freely elected representatives, and more than 50 observers from all over the world participated and observed the elections. There were no confrontations or ethnic conflicts of any kind.
The representative of Iraq said the statement made by the representative of Ireland on behalf of the European Union coincided fully with what the Special Rapporteur had said about the human rights situation in Iraq. The lack of objectivity in both statements was clearly demonstrated by their failure to mention recent democratic measures taken by the Government of Iraq and refusal to make any reference to the suffering of the Iraqi people.
Regarding cooperation with the mechanisms of the United Nations relating to human rights, the Government of Iraq seriously cooperated with human rights organs within the United Nations, and it regularly submitted reports on the implementation of human rights conventions and instruments, he said. It also cooperated with working groups. The Special Rapporteur did not reflect the human rights situation in an objective manner and had adopted an adversarial stance towards Iraq since the beginning.
The representative of the Democratic People's Republic of Korea said the allegations made by Ireland, speaking on behalf of the European Union, debased the dignity of the Republic and its people. There could not be human rights problems under a socialist structure where the masses of working people were master of state and society. At present, the people have formed a large harmonious family where the whole of society overflowed with honourable
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morality. This was unimaginable in the capitalist society where extreme individualism, competition of survival and immorality prevailed.
The Government was interested in peace and security on the Korean peninsula and knew how to solve the issue better than the other parties involved, he said. Ireland and the European Union were aware of this; however, they had tried to use the issue of the armistice agreement to accuse the Democratic People's Republic of Korea during the discussion of a human rights matter. The statement by the European Union was an example of politicization, selectivity, hypocrisy and arbitrariness in the field of human rights. Despite their talk of human rights, they closed their eyes to the human rights violations in their own countries and their satellites.
The representative of Latvia referred to the statement yesterday by the Russian Federation. She said when Latvia became a member of the United Nations in 1991, it had clearly stated it was not a successor State to the Soviet Union. When the Soviet Union occupied Latvia in 1940, the occupying army came with an influx of almost 1 million immigrants, while hundreds of thousands of Latvian citizens were deported. Despite that injustice, Latvia chose to integrate the people who had entered the country over 50 years of occupation. Of course integration was a complex process which had many dimensions, and the acquisition of citizenship was just one of them.
At present, there were 2.5 million residents in Latvia, of whom almost 400,000 were of non-Latvian origin, she continued. Permanent residents could become citizens after undergoing the naturalization procedures. Of course citizenship brought with it all attendant rights and obligations, as for example, service in the Latvian army. Consequently, out of more than 100,000 people eligible for naturalization this year, only 1 per cent had actually applied. The Russian Federation had criticized Latvia for not granting automatic citizenship to all people who immigrated to Latvia during the years of occupation. Latvia guaranteed fundamental human rights to all its residents. The judicial system had been reformed, necessary legislation adopted and an independent human rights institution -- the Human Rights Office -- established. Many international human rights organizations, including the United Nations Human Rights Commission, had visited the country and objectively and favourably reviewed human rights conditions there.
Responding to the statement by Israel, the representative of Lebanon, said Israel had occupied the southern part of his country since 1978 in violation of Security Council resolution 425 (1978). It had agreed at the Madrid conference on the basis for peace, but where was the desire for peace in Israel? he asked, given the continued violations of human rights by Israel. It was not enough to apologize after killing innocent people such as had occurred at Qana. Israel's conditions for withdrawing from southern Lebanon were unacceptable. Resolutions of the Human Rights Commission, as well as the Security Council, had condemned Israel for bombarding innocent civilians. The Israeli occupation of southern Lebanon was the reason for the violence. Lebanon's people had the right to resist foreign occupation. Israel's statement today concealed the real facts. What was happening was a violation of the Lebanese people's rights. The Israeli occupation of the so-called
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"security belt" reflected the Israeli mentality which was based on violence and force. It did not guarantee security and must end.
The representative of Indonesia said it could not discern the motives behind recent statements which were critical of his Government. It was mind- boggling that those representatives would want to meddle in the internal matters of other States. It was regrettable that they would denigrate Indonesia without an in-depth understanding of what they were discussing. Indonesia's deliberations in the Commission on Human Rights had yielded consensus statements, and it had exerted efforts to take concrete steps to implement all human rights conventions and instruments. Regarding internal matters, the Government had recently established a human rights office. Matters concerning East Timor were best addressed in the tripartite dialogues which were being overseen by the Secretary-General. All problems concerning that matter should be discussed in the proper forum so as to promote an atmosphere conducive to a positive solution.
The representative of Turkey said every country, including European Union members and Australia, had deficiencies in terms of legislation and implementation in the field of human rights. Turkey was working to enhance democracy and human rights while combating a deadly wave of terrorism aimed at destroying its constitutional order. This wave of terrorism was encouraged externally by certain members of the European Community, some of which also provided sanctuaries for those terrorists. Within the borders of some European Community members, there also existed training facilities and other logistical support. There was obviously something wrong with the European Union if this was their understanding of supporting the territorial integrity of Turkey. Therefore, the Turkish Government urged European Union members to honour their obligations under international law.
It was difficult to understand why Australia said that Turkish citizens of Kurdish origin were assigned minority rights, when all Turkish citizens enjoyed majority rights, without discrimination on ethnic background, race, sex or religion. In reply to the remarks made by the distinguished delegate of Norway, the Committee on the Prevention of Torture of the Council of Europe visited Turkey a few months ago, upon the invitation of the Turkish Government.
The representative of Nigeria said he wished to reply to the statements by the European Union, Norway and Canada concerning the alleged slow democratization process in his country. Nigeria continued to share global human rights concerns and objected to the attempts by some Members to use the open debate to settle some political scores with his country under the guise of the violation of human rights. The accusations demonstrated a blatant refusal to accept genuine information and to acknowledge specific elements of democratization and the promotion of human rights in Nigeria.
He clarified for Norway that Mrs. Kudirat Abiola was murdered by criminals in the centre of Lagos. Since then, the Nigerian police had made several arrests, including her husband's relatives who were at war over her family litigation process. The police also took useful statements from her
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personal assistant and driver and the investigations were still continuing. His Government had extended the necessary invitation to the Special Rapporteurs and was waiting for an agreement on a mutually acceptable programme of work for them to undertake their missions.
He said Nigeria maintained a free speech and press. A day or two in the country would convince any objective observer on the vibrancy of the press there. He then described his Government's activities in support of the restoration of democratic rule on 4 October 1998 to which it was fully committed.
The representative of Israel said that if Lebanon had respected Israel's sovereignty and kept its border free from terror, then both countries could live in peace. Lebanon should stop committing aggression against Israel's citizens and work towards a lasting and committed peace in the region.
The representative of Lebanon said he wanted to draw attention to the fact that the Israeli army was presently in Lebanon's territory, and the Lebanese people were resisting occupation. As a result of this occupation, there was sporadic bombing of civilian centres. Israel should respect and adopt all Security Council and international resolutions. Israel must withdraw from Lebanon.
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