HUMAN RIGHTS COMMISSION TAKES UP DEBATE ON RACISM AND DISCRIMINATION
Press Release
HR/CN/767
HUMAN RIGHTS COMMISSION TAKES UP DEBATE ON RACISM AND DISCRIMINATION
19970318 (Reproduced as received.)GENEVA, 14 March (UN Information Service) -- The Commission on Human Rights concluded its general discussions on the question of the violation of human rights in the occupied Arab territories and the right to self-determination, immediately moving on to a debate on rising racism and xenophobia around the world.
During the afternoon session the Commission's Special Rapporteur on the occupied territories offered his condolences to Israel's people and Government over the killing yesterday of seven Israeli schoolgirls. Mr. Halinen, whose report served as the basis for much of this first week's deliberations at the Commission, said the debate on the situation in the occupied territories had been "unexpectedly calm and constructive", which he saw as a good sign.
The Commission then took up the implementation of the Programme of Action for the Third Decade to Combat Racism and Racial Discrimination.
Taking the floor this afternoon were the representatives of Israel, Egypt, China, Argentina, Nepal, the Netherlands and the International Labour Organisation, as well as the following non-governmental organizations: Arab Lawyers Union, the International Human Rights Association of American Minorities, International Institute for Peace, International Indian Treaty Council, International Islamic Federation of Student Organisations, World Peace Council, Society for Threatened Peoples, Christian Solidarity International and the International Movement Against All Forms of Discrimination and Racism.
Statements in exercise of the right of reply were heard from China, Azerbaijan, Morocco, Armenia, Algeria, Palestine, Portugal, Mexico, Iran, Zaire and Indonesia.
The Commission will continue its debate on racism and racial discrimination on Monday, 17 March, at 10 a.m.
Statements
YOSEF LAMDAN (Israel) said he was speaking 24 hours after seven innocent Israeli schoolgirls had been gunned down. This was the reality in which Israel lived in. Given the major human rights catastrophes elsewhere in the world, it was comforting to know that "Israel bashing" was still in vogue at the Commission. Political interests allowed countries like Israel to be assailed while certain governments were left free to stifle with impunity the human rights and dignity of millions, if not billions, of people. For Israel to have any confidence in the Commission, the "rules of the game" had to be changed. The first rule was the deliberate and systematic exclusion of Israel from membership of the Commission while gross violators of human rights regularly sat on it. The second rule was the prevalence of the agenda item on "the violation of human rights in the occupied Arab territories" -- in today's deplorable human rights environment worldwide, there could be no rational grounds for singling Israel out. The Commission should support the peace process and not hamper it with the partisan positions. The Palestinian Authority could not be absolved of all responsibility as a climate of oppression and intimidation prevailed in the occupied territories. Also, the Commission had to consider the abysmal human rights records of Israel's neighbours, including Iran, Iraq and other countries. In the meantime, Israel would remain an open, democratic society committed to the Middle East peace process and respectful of human rights under the rule of law.
A. MAACHOU, of the Arab Lawyers Union, said recent events only highlighted the continuing efforts by the Israeli authorities to entrench the occupation. Israel continued to violate human rights and disregarded international law, using its national legislation to justify the use of force and torture in violation of the Geneva Conventions. The peace process was based on the land-for-peace basis, but recent developments in Jerusalem aimed to change the shape and demographic balance of the city, as well as to separate this city from the West Bank. He did not consider that this item should be deleted from the deliberations of the Commission as there were many issues that had yet to be resolved. single out or isolate" any of the parties in the conflict would not contribute to the prevention of abuses. The debate under this item had been "unexpectedly calm and constructive", a good sign.
HANNU HALINEN, Special Rapporteur on the human rights situation in the occupied territories, offered his sincere condolences to Israel's people and Government over the killing of the seven school girls yesterday. As for his report, he had tried to describe his concerns in a factual and objective manner. The main preoccupation of the Special Rapporteur was the prevention of human rights violations. He wished to stress that human rights could not be set aside to await the outcome of the peace negotiations. "To attack, single out or isolate" any of the parties in the conflict would not contribute to the prevention of abuses. The debate under this item had been "unexpectedly calm and constructive", a good sign.
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Mr. Halinen said a lasting improvement of the human rights situation in the occupied territories could not be separated from improved socio-economic conditions. A lot of work remained to be done, but he promised to do his best during the coming year to ensure that violations were prevented and human rights further promoted in the Palestinian territories.
MAJID TRAMBOO, of the International Human Rights Association of American Minorities, said India had been responsible for enslavement, loss of recognition of rights as human beings, terror and political control techniques in Jammu and Kashmir over the last 50 years. India sought to confuse and minimize the principle of self-determination rather than recognizing its importance in relation to the Kashmiri nation. The right to self-determination of the Kashmiri nation had been recognized and enshrined in United Nations resolutions. No Indian-sponsored elections could replace or substitute the Kashmiri people's right to determine its own future. The Association strongly believed in the principle of equality of treatment, non-discrimination and exercise of the right of self-determination for the people to determine their political future as well as their economic, social and cultural development.
ANTONIO GONZALEZ, of the International India Treaty Council, said this was the twentieth consecutive winter that the International Indian Treaty Council appeared before the Commission to address the right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation. As long as the United Nations failed to recognize that this fundamental right must be applied in principle and practice to indigenous peoples, they would continue to suffer the full spectrum of violations of human rights and fundamental freedoms. All violations against indigenous peoples human rights resulted from the ongoing denial by nation States of their identity as distinct peoples with the inherent right to self-determination. On this subject there was no equivocation or exception in the basic human rights documents of the United Nations. There was also no doubt that indigenous peoples had enjoyed self-determination long before the colonial conquest. Indeed, many colonialist powers and successor States had entered into nation-to-nation treaties with indigenous peoples. But, almost in all cases, successor States had failed to uphold such treaties. Such had been the case recently in Mexico, with the President rejecting constitutional reforms reached by his own team and the Ejercito Zapatista de Liberación Nacional on behalf of the indigenous peoples of Chiapas.
SYBILLE RUPPRECHT, of the International Institute of Peace, said that self-determination was a means to free people from alien colonial domination. An attempt was being made to usurp this sacred principle and transform it into an instrument that could be used to destabilize countries, and thus an instrument of war. Innumerable groups had in the past fought with guns and bombs against legitimately established States, ostensibly to achieve
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self-determination. They often acted with the tacit and sometimes overt support of countries which sought to destabilize their perceived adversaries. Pakistan had sought to bolster the demand of self-determination for the Kashmiris with "a sustained campaign of violence using terrorists and mercenaries" in the Indian states of Jammu and Kashmir. Today, there was an elected government in Jammu and Kashmir, largely made up of Kashmiri Muslims. Yet from the day the government took office, daily attacks on those elected and those who had participated in the democratic political process were taking place. It was not the Kashmiris of India who needed the right of self-determination, but those unfortunate Kashmiris in areas under Pakistan's control.
GHULAM MOHAMED SAFI, of the International Islamic Federation of Student Organisations, said the people of Jammu and Kashmir had acquired the right to self-determination at the time of the partition of India; as this right had never been exercised nor abandoned, it remained valid to this day. Several United Nations resolutions stated that the final disposition of the status of Jammu and Kashmir should be made in accordance with the will of the Kashmiri people. The world community should pay heed to the International Commission of Jurists report enjoining both India and Pakistan to "recognize and respond to the call for self-determination for the peoples of Jammu and Kashmir within its 1947 borders". The United Nations should also reactivate its role as a catalyst in the process.
REFEQUAT ALI KHAN, of the World Peace Council, said colonialism was a manifestation of the determination of some countries to exploit the people and resources of other, less powerful and militarily less advanced, countries. Even after the end of colonialism, the former colonial powers continued to influence developments in their erstwhile colonies -- they had in many cases left disputes behind to give them a pretext for continued interference. In one particular case, that of Kashmir, there was a tendency for people to constantly interfere and give advice to India and Pakistan on how they should resolve their conflict; these two countries should be left to find their own solutions, and move together away from their colonial past towards a more cooperative and mutually beneficial tomorrow.
MICHELE VIGNARD, of the Society for Threatened Peoples, said the Armenian-Azerbaijani dispute over Nagorno-Karabakh had led to insecurity and suffering among the populations of both countries and in neighbouring regions. Since 1991, some 700,000 people have been displaced and about 40,000 killed as a result of the Azerbaijani de facto war against Nagorno-Karabakh. After 70 years of continued oppression by Azerbaijan, the Armenians of Nagorno-Karabakh would not accept the repetition of this traumatic experience. After its misrule and oppression of the Armenians, the Azerbaijani State had forfeited its claim of sovereignty over Nagorno-Karabakh.
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ELIZABETH BATHA, of Christian Solidarity International, said Nagorno-Karabakh wanted to rehabilitate its economy, but the existing state of neither war nor peace impeded movement towards a normal society. The fragile cease-fire between the warring parties signed in 1994 might break; the renewal of military actions would bring hardships to Azerbaijanis and to the Karabakhi people. Negotiations were the only way to reach a peaceful solution. Christian Solidarity International urged the Commission to take steps so that the two parties could reach an agreement to ensure guarantees of freedom.
Rights of Reply
XIE BOHUA (China) said a small number of non-governmental organizations had launched an attack on China and openly advocated the independence of Tibet and the dismemberment of a sovereign country. The United Nations Charter clearly defined the concept of the right of peoples to self-determination. However, any statement or action in the pursuance of this right which threatened the sovereignty or territorial integrity of a State could only lead to disturbances and affect world peace.
TOFIK MOUSSAEV (Azerbaijan), replying to the statement made this morning by the Vice-Minister for Foreign Affairs of Armenia, said the so-called struggle of the Armenian ethnic minority had been recognized by the international community as a military aggression against Azerbaijan. This had resulted in the eviction of one million Azerbaijanis from Armenia. The international community had underscored in four United Nations resolutions the need to respect the national integrity of Azerbaijan. The Vice-Minister had said there were no Azerbaijani prisoners of war or hostages as a result of the Armenian aggression, but Azerbaijan knew there were 5,000 Azerbaijanis being held in Armenia and occupied Azerbaijani territory without the knowledge of the Red Cross.
NACER BENJELLOUN-TOUIMI (Morocco) said a representative of a neighbouring country had claimed his Government wanted to bring about a settlement of the Sahara issue. He had obviously not read the elements contained in the settlement plan. He should not refer to Morocco as an occupying power. The settlement plan provided for terms to qualify the countries concerned. The terms used by the distinguished delegate were not in keeping with those used in the plan. Furthermore, Morocco's legitimate rights over the area had been recognized, and a referendum had been organized.
KAREN NAZARIAN (Armenia) said the conflict in Nagorno-Karabakh had claimed more than 50,000 lives and the displacement of more than one million people. The conflict continued to affect the stability of the region and the international community had yet to devise appropriate measures to find a solution. The people of Nagorno-Karabakh were striving for self-determination, but Azerbaijan refused to address their rights and concerns. Azerbaijan professed its innocence while it fostered aggression.
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MOHAMED HASSAINE (Algeria) said he would not comment on the fallacious arguments put forward by the representative of Morocco, for what interested everyone here was human rights, including the right to self-determination. On the direct issue of Western Sahara, the most recent Security Council resolution on the subject called for the resumption of talks in order to promote a peaceful solution to the problem. The General Assembly for its part had, in a resolution adopted at its last session without a vote and thus with Morocco's assent, stressed the importance of direct contact between both sides.
NABIL RAMLAWI (Palestine) said there was nothing new in the statement by the representative of Israel, who had merely repeated his denunciation of the activities of the Commission. Israel had refused to cooperate with the Commission and its Special Rapporteur Hannu Halinen. Israel also justified the torture of Palestinians, as per the Israeli Supreme Court's ruling. Perhaps the Israeli delegate and his Government did not know that the Convention against Torture banned this practice under any circumstance? Or maybe Israel was aware of this but was bent defying the international community?
GONçALO DE SANTA CLARA GOMES (Portugal) said his country had never abandoned the territory of East Timor. Furthermore, Security Council resolutions 384 and 389 of 1976 recognized Portugal as the administering power of East Timor. Indonesian rule had been imposed following the brutal invasion of 1975. Portugal strongly believed dialogue between Indonesia and Portugal, along with East Timor parties, was the only satisfactory way to resolve the issue.
ANTONIO DE ICAZA (Mexico) said he was astonished that the non-governmental International Treaty Council had referred to the situation in the Mexican state of Chiapas as one of "foreign occupation". No part of Mexico was under foreign occupation. The Government of Mexico restated its firm intention to find solutions to problems of indigenous peoples in keeping with its Constitution and assured the Commission that it had unilaterally declared a cease-fire in Chiapas three years ago.
BOZORGHMER ZIARAN (Iran) said the statement by the representative of Israel citing a United States Department of State report was aimed at diverting public opinion from Israel. As an Iranian proverb said, "a thief always calls a thief as his witness".
Mr. BENJELLOUN-TOUIMI (Morocco) said he would not contradict the representative of Algeria. However, he had more quotes from the King of Morocco which did not need further comment.
GODEFROIDE MARUME MULUME (Zaire) said the reference in the report by the Special Rapporteur on the use of mercenaries to the presence of masses of
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mercenaries alongside Zairean military forces was based on erroneous information. Foreign advisers could not be assimilated to mercenaries. Furthermore, the war in eastern Zaire was one of aggression and not a struggle for self-determination. The forces currently invading Zaire were using foreign mercenaries, as reflected in official United Nations documents.
SAODAH SYAHRUDDIN (Indonesia) said his country's position, as expressed this morning, would never change. It was obvious that Portugal was engaged in an attempt to assuage its guilty conscience over events in its former colony of East Timor by transferring the blame to Indonesia. Portugal's claim of administrative authority there was fictitious. The last time the United Nations voted on East Timor was 13 years ago, and that resolution had been adopted by a very slim majority.
Mr. HASSAINE (Algeria) said one should refer to the enquiry of the United Nations High Commissioner for Human Rights into the existence of a gulag in Tindouf.
Programme of Action for Third Decade to Combat Racism
Under this agenda item, the Commission has before it a report by Maurice Glele-Ahanhanzo, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance (document E/CN.4/1997/71). According to the report, the Special Rapporteur has found that theories of racial inequality were gaining importance while at the same time, modern communication technologies, especially the Internet, were being perniciously employed to foment racial hatred, xenophobia and anti-Semitism. He reiterates his recommendation of last year to convene a world conference on racism, racial discrimination and xenophobia with the question of immigration and xenophobia appearing on the agenda. He also recommends that studies, research and joint action start immediately on the international level, over the use of Internet as a vehicle of racial propaganda.
Addendum 1 to the report contains details of the Special Rapporteur's 1996 visit to Colombia. He writes that there is a fear among populations concerned that anti-bias legislation would remain a dead letter due to a lack of political will. Colombia said it was closely monitoring the situation and asserted its determination to enforce the 1991 Constitution and Act No. 70 and to effect necessary changes, he reports. The Commission and the international community should be informed that the indigenous communities with whom the Special Rapporteur met and who suffered constant racial discrimination viewed the United Nations as "the Messiah" and placed all their hopes in it.
A second addendum to the report concern's the Special Rapporteur's 1996 visit to Kuwait. The Kuwaiti Government has demonstrated its awareness of human rights violations and manifestations of racial discrimination and xenophobia, he writes, adding that authorities appeared open to and mindful of
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criticism and recommendations made concerning the Bidun and migrant and domestic workers.
A report of the Secretary-General also before the Commission (document E/CN.4/1997/68) contains information on efforts to stem continuing racism and racial discrimination against migrant workers. Data was provided by the Office of the United Nations High Commissioner for Refugees; the Department of Public Information; Croatia; Denmark; Monaco; the Council of Europe; the European Commission against Racism and Intolerance, and the International Organization for Migration, as well as from a number of non-governmental organizations.
The report concludes that the Third Decade did not command sufficient interest to lead to far-reaching activities, especially since financial and human resources were lacking. The main initiatives were being taken by European bodies. The present session of the Commission should lead to a stronger commitment to combat racism and racial discrimination.
Also before the Commission are reports on a United Nations seminar to assess the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination (document E/CN.4/1997/68/Add.1); and from the United Nations Educational, Scientific and Cultural Organization (document E/CN.4/1997/70).
Statements
MOUNIR ZAHRAN (Egypt) said the world had thought that racism had disappeared forever, or was on its way to extinction. But instead there had been a wave of increased racism and xenophobia. At the threshold of the twenty-first century there was criminal ethnic cleansing and genocide in places like the former Yugoslavia. Massacres had also been witnessed in Rwanda. Elsewhere in the world there was daily racist terrorism against foreigners and migrant workers. Regarding the latter, a number of developed countries had to carry out their responsibilities. In short, there was an urgent need to support the struggle against racism in the world. Yet despite efforts by the international community, racism, xenophobia and related violence were continually increasing and taking on new forms. Unfortunately, the Third Decade to Combat Racism and Racial Discrimination had failed to raise enough interest and support. Two institutions hade been created by the Security Council to punish mass violations of human rights, but they had not been able to try the war criminals like Radovan Karadzic and Ratko Mladic in the former Yugoslavia. The international community had to join efforts and seriously work on stopping these problems.
XIE BOHUA (China) said all forms of racism and racial discrimination, whether institutionalized or resulting from official doctrines of racial
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superiority or exclusivity, constituted a gross violation of human rights. The appointment of a Special Rapporteur in 1993 to report on contemporary forms of racism reflected his country's belief that new forms of racism were no mere accidents but were traceable to profound and complex causes. The United Nations should continue to condemn and give priority to all forms of racism, and relevant bodies of the Organization should be mobilized to conduct a comprehensive study of contemporary forms of racism to analyze in depth its social causes and its various manifestations. Many countries were still plagued by racism and should introduce all necessary political, legal, administrative and educational measures to ensure the fundamental human rights all people, regardless of their racial and ethnic origins.
HERNAN PLORUTTI (Argentina) said he was concerned by the persistence of racism and racial discrimination in the world, especially when it is considered in the light of immigration problems and the broadcasting of racist ideologies by means of electronic networks. He considered that the rights of minorities, whether ethnic, religious, social or linguistic, should be given particular attention within the framework of consideration of the problem of racism and racial discrimination. The Argentinean Government was committed to the promotion of human rights; in July 1995 it had adopted a law creating the National Institute Against Discrimination, Xenophobia and Racism to elaborate national policies and study concrete means to combat these ills.
S.R. SIMKHADA (Nepal) said his country adhered to principles contained in the Convention on the Elimination of all Forms of Racial Discrimination, which declared that all human beings were equal before the law and were entitled to equal protection against discrimination or incitement to discrimination. It was disheartening that a lack of material resources that hindered the implementation of the Programme of Action for the Third Decade of Action to Combat Racism and Racial Discrimination, as acts of racism and racial discrimination created social tensions affecting innocent lives. Denial of fundamental rights to live in equality and dignity also impeded progress and social harmony.
PETER VAN WULFFTEN PALTHE (Netherlands), speaking on behalf of the European Union, said racism and other forms of discrimination emphasized differences and expressed disrespect for the equal and inalienable rights of all human beings. National and international action was needed against those objectionable conceptions. Governments also had to stand ready to implement the measures necessary to fight all forms of racism and racial discrimination. The past years had seen immense tragedies due to ethnic and racist violence, demonstrating again that inaction at intolerance led to far-reaching and tragic results. Europe was no exception when it came to racism and intolerance. The European Union condemned and would combat all forms of racism and racial discrimination. Tolerance had to be stimulated. The Union had taken a number of measures to combat racism and racial discrimination and was keen on a dialogue on these issues.
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It supported the work of the Committee of the Convention on the Elimination of Racial Discrimination, an essential element in the worldwide struggle against racism, racial discrimination and xenophobia. The Union hoped that the Third Decade to Combat Racism and Racial Discrimination could be the framework for stronger action in favour of tolerance and mutual respect; and it commended all individuals and non-governmental organizations involved in the struggle against racism for their valuable efforts.
A representative of the International Labour Organisation (ILO) highlighted the contribution of the ILO in the framework of the Third Decade, in particular the important role of the organization's Convention on non-discrimination in the workplace. Another ILO representative outlined the activities planned in the framework of a project to combat discrimination against migrants and ethnic minorities in the workplace. These activities would focus on, among other things, the gathering of data on the extent of the problem of discrimination in gaining access to work and the search for measures through which governments and social partners could fight the problem.
DAVID LITTMAN, of Christian Solidarity International, said the Commission had been discredited when, on 11 March, a classic form of anti-semitism had been used. At that time, the Palestinian representative had accused Israel of the crime of genocide, affirming that the Israeli authorities had infected 300 Palestinian children with the HIV virus during the intifada. This accusation had no basis in fact and had been rebuffed by an independent team of doctors appointed by the World Health Organization. Such libel should be punished by relevant international organs.
ATSUKO TANAKA, of the International Movement Against All Forms of Discrimination and Racism, said her organization was firmly attached to the objectives and activities of the Third Decade to Combat Racism and Racial Discrimination. She drew the Commission's attention to the need for States to accept and implement relevant, internationally recognized standards and fully cooperate with existing supervision systems. The work of the Special Rapporteur on contemporary forms of racism, racial discrimination and xenophobia and related intolerance was of great significance in connection with the Decade. The International Convention on the Elimination of Racial Discrimination was an important normative document for the implementation of the Programme of Action for the Decade; national institutions and NGOs had a crucial role to play as regards the implementation of the Convention at a domestic level.
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