CZECH REPUBLIC AND BENIN MINISTERS ADDRESS HUMAN RIGHTS COMMISSION

Press Release
HR/CN/763

CZECH REPUBLIC AND BENIN MINISTERS ADDRESS HUMAN RIGHTS COMMISSION

GENEVA, 13 March (UN Information Service) -- The Czech Vice-Minister for Foreign Affairs and the Minister of Justice, Legislation and Human Rights of Benin addressed the Commission on Human Rights this morning as it continued its general debate on the situation in the occupied Arab territories and the right to self-determination.

Cyril Svoboda of the Czech Republic called the establishment of international tribunals for war crimes in the former Yugoslavia and Rwanda a remarkable achievement for human rights. But the courts could not execute their mandate if the States concerned did not fulfil their obligations regarding the prosecution and extradition of persons suspected of war crimes, the Vice-Minister said, adding that the establishment of a permanent international criminal court was necessary.

Benin's Justice Minister, Ismael Tidjani-Serpos, meanwhile, welcomed recent initiatives for a settlement of the crisis in the east of Zaire. His Government was very concerned over the situation in the Great Lakes region, he added.

During the general debate, several speakers decried the recent decision by the Israeli Government to build a settlement in East Jerusalem. But the representative of the United States said that it when it came to Israel's occupation of Arab territories, the Commission seemed mired in the mud of old thinking. Why else was Israel, a functioning democracy making efforts towards peace, singled out for special treatment? he asked.

Much of the debate this morning was based on a report by Commission Special Rapporteur Hannu Halinen on the situation in the territories occupied by Israel since 1967 (see Press Release HR/CN/97/5). In his conclusions, Mr. Halinen, among other things, said human rights could not be set aside to await the outcome of the peace process.

Continuing its general deliberations on this question, and on the right of peoples to self-determination, the Commission also heard statements from Malaysia, Canada, Japan, China, Armenia, Indonesia, Cuba, Norway, Pakistan and India. The following non-governmental organizations (NGOs) also took the

floor: the Movement against Racism and for Friendship Among Peoples, the Humanitarian Law Project, Liberation, Franciscans International, International Democratic Lawyers, the World Muslim Congress and the Indigenous World Association.

The Netherlands exercised its right of reply

When it meets again at 4.30 p.m. today, the Commission will carry on with its general debate. It is also expected to hear from its working group on a draft optional protocol to the Convention on the Rights of the Child to protect children during armed conflicts.

Statement by Vice-Minister for Foreign Affairs of Czech Republic

CYRIL SVOBODA, Vice-Minister for Foreign Affairs of the Czech Republic, said the Commission would strive this year to design remedial and preventive measures concerning human rights for the future. He hoped the work would bear fruit, especially as the United Nations commemorated the fiftieth anniversary of the Universal Declaration of Human Rights in 1998. But he wondered whether the international effort over the last fifty years had fulfilled the objective laid down by the Declaration, and whether the generally recognized human rights standards were now applicable worldwide irrespective of differing conditions and customs. The answer was that the world was still a long way away from the desired universality of human rights. Consistent monitoring of situations was still vital to suppress practices inconsistent with the international treaty law.

The Vice-Minister noted that the international community should focus on the consistent implementation and fair and effective use of a network of instruments and related mechanisms concerning human rights. Ongoing conflicts had revealed inconsistencies in the application of existing standards and gaps in the system and implementation of general international law.

None the less, he went on, the establishment and work of international tribunals for war crimes in the former Yugoslavia and Rwanda was a remarkable achievement. But the courts could not execute their mandate if the States concerned did not fulfil their obligations regarding the prosecution and extradition of persons suspected of war crimes. The establishment of a permanent international criminal court was necessary.

Mr. SVOBODA said the protection of children merited special attention. Ongoing armed conflicts and their attendant negative humanitarian consequences were the ultimate proof of the need for increased protection of these most vulnerable of human beings. Sexual exploitation of children, a phenomenon frequently linked to organized crime globally, also required concerted international action. He hoped issues of utmost importance to everybody, such as the protection of children from war and sexual exploitation, and the

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settlement of armed conflicts through concerted international action, could make the Commission forget differences and promote united action.

Statement by Minister of Justice, Legislation and Human Rights of Benin

ISMAEL TIDJANI SERPOS, Minister of Justice, Legislation and Human Rights of Benin, said massive and persistent human rights violations were occurring in different parts of the world, and particularly on the African continent, as a result of ethnic, racial and religious tensions. His Government was particularly concerned by the human rights situation in the Great Lakes region of Africa and supported recent initiatives of the Organization of African Unity for a just and durable settlement of the crisis in the east of Zaire.

The indivisible and universal character of human rights as affirmed in different international instruments had been highlighted during the course of the summits and conferences on sustainable and equitable development that had taken place in the past five years, he went on. The Beijing Women's Conference in 1995 had been an opportunity to reaffirm the fundamental rights of women and girls as an integral part of human rights, and marked an advance in abolishing gender-based discrimination. Benin had adopted the Convention on the Rights of the Child in 1990 and regretted that millions of children around the world did not enjoy basic human rights.

The adoption by the Social and Economic Council of a resolution, 1996/43, relating to the right to development represented a great advance for the international community, continued the Minister. This resolution was a dynamic instrument which would lead to more diversified forms of international cooperation; it recognized that healthy socio-economic indicators underpinned the deepening of democracy and the promotion of human rights. Against the background of the globalization of the world economy, the active adoption of economic measures to give concrete expression to the right to development would reduce the North-South divide.

As for the situation in Benin, the Minister said that in 1994 his Government had signed a memorandum on a human rights technical cooperation programme with the United Nations. The implementation of that programme had promoted a better understanding of international standards among the general public, the judiciary, army officers and police officers, journalists and representatives of organizations

Statements in Debate

CLAIBORNE PELL (United States) said that since the United Nations system began more than half a century ago, the clarion call of human rights had sounded in every region of the world. But the human rights mission was less about finding words than measuring achievements against the standards set. There were too many items on the agenda to give them all the justice they

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deserved in just six weeks. On one of those items, Israel's occupation of Arab territories, the Commission seemed mired in the mud of old thinking. Why else was Israel singled out for special treatment? Israel was a functioning democracy making efforts towards peace. Israel should not be immune to the Commission's scrutiny, but it should be accorded the same treatment as other nations. The same old anti-Israeli resolutions had come to the floor again this year, clogging the agenda. His delegation was not arguing that human rights were not a problem in the West Bank and Gaza, nor could that claim be made for areas under the control of the Palestinian Authority. There were difficulties, but they should not be compounded by loading the Commission down with unhelpful resolutions. Israel and the Palestinians were approaching Permanent Status negotiations. The Commission should not interfere with this process and make it more difficult. The Commission should not put obstacles on the road to peace and should cast aside the tired rhetoric of the past.

DATO HISHAMMUDDIN TUN HASSAN (Malaysia) said 1997 marked the thirtieth year of Israel's illegal occupation of Arab territories. Despite numerous resolutions by the Security Council, the General Assembly and the Commission, Israel continued to ignore the opinion of the international community. The recent decision to build new settlements in East Jerusalem was another attempt to alter the legal and demographic characteristics of Jerusalem. Malaysia could not and would not accept the policies and illegal measures taken by Israel in occupied East Jerusalem, and it agreed with the conclusion of Special Rapporteur Hannu Halinen that human rights could not be set aside to await the outcome of the peace process. The use of physical violence during interrogation, now legitimized by the Israeli High Court, constituted a real threat to the lives of Palestinian detainees in Israeli prisons.

ROSS HYNES (Canada) said his country strongly supported the efforts of all concerned to improve the human rights situation in the West Bank and the Gaza Strip. Development assistance programmes supported by his country and carried out with the Palestinian Authority and non-governmental organizations targeted good governance, democracy-building and human rights -- respect for human rights could only flourish in a democratic framework.

The delegate said there had been tremendous progress since the Madrid Conference of 1991, particularly the Oslo Agreements and, more recently, the Protocol on Redeployment in Hebron. Canada did not recognize the permanence of Israeli control over the territories occupied since 1967. The recent decision of the Israeli Government to proceed with the construction of a settlement in Har Homa undermined the trust that was the foundation of the peace process; and the recent decision by the High Court of Israel to lift the injunctions prohibiting the use of force was both regrettable and illegal under international law. He called on the Israeli Government to ease closure and increase the number of work permits issued to Palestinian workers seeking employment in Israel.

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TAKASHI KOEZUKA (Japan) said the Middle East peace process had made significant progress since the Madrid Conference in 1991. Japan strongly hoped that this momentum could be sustained, as well as progress in negotiations between Israel and Lebanon. The road to upcoming negotiations was not a smooth one and there were difficult issues before the Palestinians, including the redeployment of Israeli troops and Final Status negotiations. To overcome these difficulties, progress needed to be built upon even further. Japan had taken an active role in ongoing efforts and had been in close contact with the parties concerned to encourage their leaders to promote the peace process. The goal of peace was not simply the cessation of hostilities, but rather the creation of an environment in which all the peoples of the region might live in peace and enjoy a decent life. Japan would for its part continue its support and involvement.

LIU XINSHENG (China) said the principle of self-determination remained valid despite the profound changes that had occurred in recent years in the international situation. The principle of self-determination was an important human rights concept and referred, in essence, to the right of the oppressed nations to obtain national independence and people's liberation against imperialist and colonial rule. The right to self-determination was a foundation for and prerequisite to the enjoyment of all other human rights and fundamental freedoms; it implied according respect for States's sovereignty, independence and territorial integrity. Domination of the weak by the strong under various pretexts constituted a gross violation of the Charter of the United Nations and the principle of self-determination. The inappropriate application of the principle of self-determination to the internal affairs of multi-national countries exceeded the provisions contained in international human rights instruments. This principle should not be regarded as the basis to address and resolve problems with respect to ethnic groups within a country.

KAREN NAZARIAN (Armenia) said one of the oldest items on the Commission's agenda was that on the self-determination of peoples. Self-determination was an important component in the promotion and respect of human rights in the world and was a major principle of international law. It was also consolidated in all documents of the International Bill of Human Rights. Attempts to curtail this right could be considered a crime against humanity. Putting obstacles to the right to self-determination led to armed conflict, aggression, destruction, refugee problems, and even death and starvation. In a legal sense, these acts constituted an unacceptable violation of human rights. New interpretations of this right were aimed at restricting its application. There was a blatant attempt to deny the principles of international law and question the essence of this fundamental principle. Advocates of the suppression of this right led small nations into forced assimilation and, in the worst cases, to genocide and death. The flame of the principle of the right to self-determination would never die out.

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AGUS TARMIDZI (Indonesia) said he wished to reiterate on behalf of the Organization of the Islamic Conference unflagging support for the Palestinian people's just struggle to realize their inalienable rights to achieve sovereign statehood in their own homeland. He appealed to the international community and the two co-sponsors of the peace process to ensure its success through the more effective implementation of all United Nations resolutions. He invited the international community and the Commission to compel Israel to implement all the agreements concluded between the Palestinian and Israeli parties and enter into serious negotiations on the final status of Jerusalem. All were urged countries to extend their support to the economic, social and cultural development programme in the occupied Palestinian territories. Israel, whose current Government was reneging on the commitments and pledges of the previous one, should also be compelled to fulfil its obligations under Security Council resolution 497 (1981) and to resume negotiations concerning the Syrian Golan in the near future.

CARLOS AMAT FORES (Cuba) said the right of every State to fully exercise national sovereignty without foreign interference was one of the pillars on which international legal order was built. In the 1950s and 1960s, the exercise of the right of self-determination was considered exclusively in the light of the need to end the colonialist system. Colonialism had now disappeared, but there were no less harmful threats to people. Powerful countries attempted to tie people to foreign models which they depicted as universal. Developing countries were under forceful domination and assailed by legally suspect theories. States needed to be respected; there should be no dilution of all States into uniformity. Self-determination was a precondition for the achievement of all human rights. In this light, Cuba reaffirmed its support for the right of Palestinian people to self-determination and the unconditional return of all Arab territories occupied by Israel. For its part, the country continued to Guantanamo, Cuban land which had been usurped to serve as an American naval base. Cuba's powerful neighbour ought to halt its hostile policy against the island's people.

PER HAUGESTAD (Norway) said he wished to express his country's gratitude to Special Rapporteur Hannu Halinen for his active engagement in addressing the human rights problems linked to the occupied Arab territories. The ultimate goal of the peace process was the establishment of vital Palestinian and Israeli civil societies living side by side in peace and security; both sides should refrain from any unilateral measure which would pre-empt the outcome of the Final Status negotiations. The recent Israeli decision to build a new settlement in East Jerusalem had serious local, regional and international repercussions. Progress required safeguarding both the letter and the spirit of the Oslo agreements.

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JEAN-JACQUES KIRKYACHARIAN, of the Movement Against Racism and for Friendship Among Peoples, said the right to self-determination consisted, in fact, of only one right, that of the definition of man as subject to the rule of law. In a large number of conflicts, governments were realizing that much could be gained, politically and humanly, by adhering to the principle of self-determination. This was not always the case, however. In the Balkans, two million people living in Kosovo were deprived of their right to self-determination. And in 1960, the United Nations granted this right to a people living in the Maghreb; the implementation of this right had been continually set aside. And human rights were being violated in East Timor and in the Caucasus.

MUNIR AKRAM (Pakistan) reaffirmed his country's abiding commitment to the cause of the Palestinian people. Unilateral actions such as those that had recently taken place in the holy city of Al-Quds Al-Sharif could derail the whole peace process. As to the principle of self-determination, this had been the fundamental basis for the partition of the South Asian subcontinent and the emergence of India and Pakistan as separate States. The commitment of the United Nations to the right to self-determination of the Kashmiri people was enshrined in numerous Security Council resolutions. These resolutions remained valid and binding on all parties and were the only agreed basis for a resolution of the Kashmir dispute, which was at the core of differences between India and Pakistan and was the principal cause of tension in the region today. Any election, referendum or plebiscite organized unilaterally by the colonial or occupying authorities did not constitute a free expression of the will of the people, whose right to self-determination had been forcibly denied for decades.

M. NADARAJAH, of International Educational Development, Inc., making a joint NGO statement, said the war Sri Lanka was waging against the Tamil people, who were struggling to assert their right to self-determination, was unlawful and unjust. The recent withdrawal of Russian troops from Chechnya drew attention to the urgent, imperative need for Sri Lanka to withdraw its military forces from the Tamil homeland and to advance a meaningful peace process. Tamil villages had been indiscriminately attacked by ground fire and aerial bombardment; Tamil women had been raped by Sri Lanka troops; there had been arbitrary arrests, torture and custodial deaths. The NGOs urged the Commission to call on Sri Lanka to withdraw its forces from the Tamil homeland in the northeast of the island.

MUNAWAR A. HALEPOTA, of Liberation, said self-determination was an inherent and inalienable right of all peoples. Historically, the resolve of people to determine their future resulted in revolution against tyranny. Today, tyranny had been replaced by neo-colonialism, the domination of one group of people over the others, and occupation by foreign or local military forces. Sindh, a land of peace and harmony whose Indus civilization was 10,000 years old, was under threat of extinction from terrorism, deliberate

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cultural dilution, settlement of illegal immigrants, persecution by the establishment and military operations resulting in such blatant human rights violations as rape, torture and death. He had been arrested during his last visit to Sindh, and then deported by force to the United Kingdom in January 1996. Sindhis felt their cultural, social economic, civil and political rights were being violated. Pakistan had never fulfilled its promises of autonomy and sovereignty for Sindh. There should be an impartial United Nations fact-finding mission to the area.

DAVID-MARIA JAEGER, of Franciscans International, said the Israeli-Palestinian peace process was a source of hope for both nations, not withstanding difficulties, dangers and setbacks. That process must not be limited to political, military and economic issues, but must include as a priority the human rights dimension. It was important that both nations struggled to realize full constitutional protection for human rights. The Commission should offer both governments assistance to build up the human rights dimension of the emerging peace. The Commission should also help them to develop, as a high priority, education in schools on human rights, emphasizing freedom of religion and conscience and non-discrimination. This was an indispensable key to true peace in the Holy Land.

M. PARY, of the Indigenous World Association, said the concept of self- determination had long been controversial, but previous debates had only obscured its real meaning. The concept of self-determination regulated the political conduct of States and international cooperation. He supported the right of the Palestinian people to self-determination.

RENEE BRIDEL, of the International Association of Democratic Lawyers, said that in 1988, the Armenians of Nagorno Karabakh had demanded their self-determination. Nine years ago, appeals by the people of Nagorno Karabakh resulted in the pogroms of Armenians in Azerbaijan. The Armenians's declaration of self-determination had not been accepted by Azerbaijan in 1991 and war broke out until 1994. The cease-fire had not brought about a settlement of the conflict. The International Association of Democratic Lawyers was convinced that there could be no long-term peace without the right of self-determination for the people of Nagorno Karabakh. Participation in true negotiations by elected representatives was necessary. The Commission should take appropriate measures to ensure the right of self-determination was respected.

H. K. SINGH (India) said his country had consistently supported the Middle East peace process aimed at achieving a just, comprehensive and lasting peace and the exercise of the inalienable rights of the Palestinian people. However, India was dismayed at recent events such as the building of Israeli settlements in East Jerusalem, and supported the appeal made by the Special Rapporteur, Hannu Halinen, for a comprehensive approach towards the issues of security, development, democracy and respect for human rights. There should

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be steps to build trust and confidence and to identify remedies for persistent human rights problems in the region, such as the foreign occupation of Palestinian territory, the plight of prisoners, the confiscation of Palestinian land and property, collective punishments, the closure of Palestinian territories and the use of torture during interrogation.

M. AHMAD, of the World Muslim Congress, said the right to self-determination of subjugated peoples was an inalienable human right. There had recently been negotiated peace agreements in Chechnya as well as in the Philippines, between the Muslim Moro Nationalist Liberation Front and the Government. The people of Kosovo were not so lucky. And in India, soldiers resort to extreme violence in 17 "disturbed areas". The soldiers's actions included extreme violence, indiscriminate killing of civilians, arson and looting. There were more than 600,000 Indian soldiers in the Kashmir valley. India's occupation of that state was in breach of Security Council decisions. India sought to minimize the principle of self-determination. The people of Kashmir had been occupied and forced into integration by a foreign power. This should not be allowed to happen.

Right of Reply

The representative of the Netherlands said the interruption by the Chinese delegate of the statement of the Minister of Foreign Affairs of the Netherlands on behalf of the European Union was an example of discourteous behaviour towards guest speakers. Moreover, the Chinese reply had deliberately misrepresented the Minister's statement. That speech had not been a harangue against developing countries. Furthermore, the Netherlands had never denied that human rights violations had occurred during its colonial period. However, the country currently had a strong commitment to protecting and promoting human rights. When would the present Chinese Government take responsibility for continuing human right violations in China?

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