PAPUA NEW GUINEA FOREIGN MINISTER APPEALS FOR SUPPORT IN BOUGAINVILLE CONFLICT
Press Release
HR/CN/787
PAPUA NEW GUINEA FOREIGN MINISTER APPEALS FOR SUPPORT IN BOUGAINVILLE CONFLICT
19970407 Commission on Human Rights Receives Updates On Haiti, Somalia, Guatemala, Cambodia, and Violence against Women(Reproduced as received; delayed in transmission.)
GENEVA, 2 April (UN Information Service) -- If all Papua New Guineans claimed ethnic distinction and demanded self-determination, there would be a far greater problem for the international community to deal with than the current conflict in Bougainville, the Minister for Foreign Affairs of Papua New Guinea asserted before the Commission on Human Rights this afternoon.
The Minister, Kilroy Genia, said the country had many indigenous groups and some 850 languages and tribes, and even Bougainville was made up of 35 ethnic groups who spoke 19 languages. He urged representatives of the Secretary-General to be "objective" in their discussions on the ongoing conflict in Bougainville and appealed to United Nations Member States not to recognize or support independence for the island. He said the Government continued to seek a peaceful solution with the Bougainville Revolutionary Army and others seeking independence, and also reviewed the events of an uprising in the national capital over the past two weeks, which he said had ended peacefully.
The Commission also heard from several independent experts and from a Special Rapporteur as it began review of agenda items on advisory services and further promotion and encouragement of human rights.
Mona Rishmawi, Independent Expert on the situation of human rights in Somalia, said that international interest in the country had dropped despite its continuing need for help. Somalia remained without a central government and there were at least 30 clan-based and region-based fighting factions, she said; meanwhile, vital questions such as the promotion of human rights and humanitarian law had been ignored.
Thomas Hammarberg, Special Representative of the Secretary-General for human rights in Cambodia, noted sadly that four grenades had been thrown into a peaceful group of demonstrators in Phnom Penh on Sunday, killing 16 and wounding more than 100. Other problems were a malfunctioning and corrupt judicial system, police abuses, and political tensions, he said.
Monica Pinto, Independent Expert on the situation of human rights in Guatemala, said that signing of a peace agreement in December had ended decades of armed conflict in the country, and made up part of the reality in Guatemala -- "the written part". That and other agreements now had to be carried out, she said, in a country that which suffered incalculable damage, had an ineffective judicial system, and was afflicted with violence, poverty, and impunity for past human-rights abuses.
Adama Dieng, Independent Expert on the human rights situation in Haiti, said that a national electoral campaign was in full swing and despite minor incidents this reflected the process of democratization in the country. The Haitian government was trying to implement and respect political rights, which was an enormous task, he said, because of such obstacles as a high rate of crime and endemic corruption.
And Radhika Coomaraswamy, Special Rapporteur on violence against women, said that much remained to be done -- despite the horrifying nature of rape, the legal framework for dealing with it in many of societies remained antiquated and defined by male perceptions and male standards, she said. In addition, criminal justice systems were often callous and insensitive to the needs of women.
Earlier in the afternoon the Commission concluded debate under its agenda item on indigenous issues. The meeting continued until 9 p.m. with statements on matters related to advisory services and further promotion of human rights.
Speaking were delegates of Haiti, Ukraine, Canada, Netherlands (on behalf of the European Union), El Salvador, Japan, Nepal, Ethiopia, France, Germany, India, Turkey, and Algeria.
Representatives of the following non-governmental organizations also delivered statements: United Towns Agency for North-South Cooperation; Anti-Slavery International; International Indian Treaty Council; War Resisters International; and Centro de Estudios Europeos.
Officials of Thailand, Philippines, Greece, the former Yugoslav Republic of Macedonia, and Bhutan spoke in exercise of the right of reply.
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The Commission will reconvene at 10 a.m. on Thursday, 3 April, to continue discussion of advisory services and further promotion of human rights. It will also take action on draft resolutions tabled under its agenda items 5, 14, 15, 11, and 17.
Statement by Foreign Minister of Papua New Guinea
KILROY GENIA, Minister for Foreign Affairs and Trade of Papua New Guinea, said that as he had promised in an address last year, the country was now establishing a National Human Rights Commission.
Unfortunately, he said, all Government efforts to achieve peace in Bougainville had been thwarted by the Bougainville Revolutionary Army, through increased and sporadic attacks in strategic areas, deliberate non-attendance at peace negotiations they themselves had requested, and through insistence on independence and nothing less. The only way forward was for all to join the Bougainville Transitional Government and address all relevant issues, including autonomy, within the framework of the Constitution of Papua New Guinea. The Government of Papua New Guinea had faithfully and with good will attempted to resolve the problems in Bougainville, and would continue to do so.
Papua New Guinea was mindful of the spill-over effects the situation had had on neighbours, especially the Solomon Islands, who had borne the full brunt of dealing with renegade Bougainville rebels who had crossed in defiance of immigration laws, the Foreign Minister said, but in spite of differences of opinion between the two countries, he was convinced that there was genuine good will and that together they could find a solution to the difficulties.
An uprising by the people of Papua New Guinea, including the military, in the last two weeks, in Port Moresby, the capital, had threatened democracy and the Constitution, but in the end citizens' desire to see peace on Bougainville -- not by the barrel of a gun but through dialogue and consultation -- had won out, and not a shot had been fired, Mr. GENIA said. Assassination of the late Premier Theodore Miriung was a national tragedy and a great loss for the peace process; an independent inquest had implicated the Papua New Guinea security forces along with resistance fighters, and the Government had responded speedily to ensure prosecution of those accused.
The country had many indigenous groups and some 850 languages and tribes, Mr. GENIA said; ethnic distinction was continuously claimed for Bougainville by the Bougainville Revolutionary Army, and had been asserted by the UN Subcommission on Prevention of Discrimination and Protection of Minorities in a 1992 resolution. But in fact Bougainville itself was made up of 35 ethnic groups who spoke some 19 languages. The principle of self-determination could easily be misconstrued in such situations. The
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Government recognized that the United Nations and the Commission espoused the principle of self-determination not as a right but as a human-rights concern applying to colonial countries and peoples; the Government strongly urged that representatives of the Secretary-General should be objective in their discussions on the subject. If all Papua New Guineans claimed ethnic distinction and demanded self-determination, there would be a far greater problem for the international community to deal with than the current conflict in Bougainville. The Government appealed that no United Nations members either recognize or support independence for Bougainville.
Promotion of Human Rights, Commission's Methods of Work
The Commission began discussing today the promotion and encouragement of human rights, including the question of its methods of work. It took up a number of documents, including a report of the Secretary-General (E/CN.4/1997/41) on national institutions for the promotion and protection of human rights, which concludes that the important role played by such institutions, and their past and potential contributions, warrants a decision by the Commission on whether such bodies should participate in Commission meetings and in meetings of the Commission's subsidiary bodies and suggests that, for example, they could take part as a separate category of participant from national delegations or as separate entities within official delegations; the report strongly recommends that the Commission continue to allocate speaking time to national institutions which is independent of the time allotted to their respective Governments. There also was a report of the High Commissioner for Human Rights on human rights and mass exoduses (E/CN.4/1997/42) which concludes that such population movements are of prime concern for the international community, and show several significant trends, including a pattern of multiple and complex problems facing those affected by such displacement and a corresponding need to develop multifaceted, comprehensive responses to those difficulties. There was a report of the Representative of the Secretary-General on internally displaced persons (E/CN.4/1997/43) which includes accounts of visits to 10 countries and notes among its conclusions that attention will be paid by him in future to developing a normative framework on the subject, improving institutional arrangements at international, national, and regional levels, and undertaking further visits to countries with serious problems of internal displacement, including those with problems relating to the reintegration of the displaced, in order to devise strategies for coping with such problems in cooperation with the host Governments and relevant organizations.
There was a report of the Secretary-General (E/CN.4/1997/44) on regional arrangements for promotion and protection of human rights in the Asian and Pacific region which describes a fifth workshop on regional arrangements, held in Amman, Jordan, from 5 to 7 January 1997, reviews the mandate and justification for the meeting, and outlines the conclusions reached, including
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recognition of two key issues, developing of a regional technical cooperation programme, and the designing of a regional programme and future preparatory work with the aim of developing a regional arrangement on human rights. There was a report of the Secretary-General (E/CN.4/1997/45) on the composition of the staff of the High Commissioner/Centre for Human Rights which contains a table listing the nationalities of the unit's employees and adds that a more comprehensive report could be submitted to the Commission after completion of restructuring now under way at the Centre. There also was a report of the High Commissioner (E/CN.4/1997/45) on implementation of the plan of action for the United Nations Decade for Human Rights Education (1995-2004), which covers such topics as strengthening international/regional programmes and capacities, coordination with international/regional partners, and activities undertaken by States, with specific reference to Croatia, Denmark, France, Italy, Japan, Philippines, and Tunisia.
In addition, there was a report of the Special Rapporteur on violence against women (E/CN.4/1997/45) which recommends, among other things, that States amend their penal codes to reflect recent research and findings on sexual violence and to include victim-centred definitions of rape broad enough to cover the full range of sexual violence and sensitive enough to capture the problems associated with the possible "consent" of the victim; and that the international community begin a dialogue towards new international standards on trafficking and prostitution. Three annexes to this report (Adds. 1, 2, and 3) cover in detail missions taken by the Special Rapporteur, respectively, to Poland, Brazil, and South Africa.
Other documents included a note from the High Commissioner for Human Rights (E/CN.4/1997/3) which was a follow-up to the world conference on human rights. In the note, the special rapporteurs/representatives/experts and chairpersons of working groups of the special procedures of the Commission on Human Rights and of the advisory services programme met in Geneva May 28-30, 1996. With a view to improving coordination between United Nations human rights mechanisms, the meeting suggested there should be coordination between the holders of special procedures mandates and the High Commissioner for Human Rights regarding their country visits. Coordination with the advisory services and technical cooperation programme; between the special procedures system and the treaty bodies; between the special procedures system and the Security Council and General Assembly through the Secretary-General, and with the Secretary-General were suggested. The note said the meeting suggested recruitment of professionals who were experts on women, stressed that abuses by terrorist groups could not be considered as a justification for human rights violations by the state , and requested that a special procedures system within the Centre for Human Rights be strengthened despite financial constraints.
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A report from the Secretary-General (E/CN.4/1997/35) on regional arrangements for the promotion and protection of human rights was prepared in accordance with paragraph 11 of the Commission on Human Rights resolution 1995/46. The report said the Commission on Human Rights welcomed the efforts of the High Commissioner/centre for Human Rights to strengthen cooperation with all regional organizations and to initiate a dialogue with states and non-governmental organizations in order to develop or establish regional arrangements in the field of human rights. The Commission also invited states to consider concluding arrangements with a view to the establishment within their respective regions of suitable regional machinery for the promotion and protection of human rights.
A report of the Secretary-General (E/CN.4/1997/36) on development of public information activities in the field of human rights, including the world public information campaign on human rights, notes that the Commission on Human Rights requested the Secretary-General to submit to the Commission a report on public information activities, with special emphasis on the activities of the World Public Information Campaign. The public information activities had a publications programme which published a fact sheet series; a professional training series; a human rights study series; an ad hoc publications; reference material; notes of the High Commissioner; periodicals and promotion materials.
The report notes that the public information activities also used electronic means, and had an external relations programme which included briefings; exhibitions and human rights observances; fellowship programmes; internship programmes and training courses and other technical cooperation activities with a public information element. There was coordination and cooperation inter-agencies; with non-governmental organizations and with academic and research institutions.
The report lists activities by the Department of Public Information (DPI) in the field of human rights and on human rights day at Headquarters. It also includes activities of the United Nations Information Service in Geneva, activities of other information centres and services and activities for the decade of the world's indigenous people.
A report by the Secretary-General (E/CN.4/1997/37) on the second International Consultation on HIV/AIDS and Human Rights (Geneva, 23-25 September 1996) notes that the Commission on Human Rights requested the Secretary-General to prepare for its fifty-third session a report on the guidelines on promoting and protecting respect for human rights in the context of HIV/AIDS. The High Commissioner/Centre for Human Rights and the Joint United Nations Programme on HIV/AIDS convened a second international consultation on HIV/AIDS in Geneva 23-25 September 1996. Conclusions in the report note that HIV/AIDS continued to spread throughout the world at an
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alarming rate. The protection of human rights was essential to safeguard human dignity in the context of HIV/AIDS. Public health interests did not conflict with human rights. A rights-based, effective response to the HIV/AIDS epidemic involved establishing appropriate governmental institutional responsibilities and implementing law reform and support services.
The report lists guidelines elaborated at the meeting to implement an effective, rights-based response. It also lists recommendations for dissemination and implementation of the guidelines on HIV/AIDS and human rights for States, the United nations system and regional intergovernmental bodies, and non-governmental organizations. An annex to the report lists the guidelines on HIV/AIDS and human rights.
A note by the Secretariat (E/CN.4/1997/38) on human rights and thematic procedures notes that the Commission on Human Rights requested the Secretary-General to issue annually and sufficiently early their conclusions and recommendations to enable further discussion of their implementation. An annex lists these conclusions and recommendations and their document number.
A note by the Secretary-General (E/CN.4/1997/39) on human rights and terrorism includes information received on human rights and terrorism from the governments of Azerbaijan, Bahrain, Kuwait, Mauritius, Peru, San Marino, Slovakia, Trinidad and Tobago and Turkey as well as information received from the crime prevention and criminal justice division of the United Nations secretariat.
A report by the Secretary-General (E/CN.4/1997/40) on the integrating of human rights of women throughout the United Nations system was written in response to the Commission for Human Rights request for intensified effort at the international level to integrate the equal status and human rights of women into the mainstream of the United Nations system-wide activity and to address these issues regularly and systematically through United Nations bodies and mechanisms.
The report concludes that gender equality in the full enjoyment of human rights had not yet been achieved. There was some progress in promoting and protecting the human rights of women. Steps taken to mainstream women's rights into the human rights programme had been experimental and ad hoc and future success depended on whether those steps could become systematic. The report also lists recommendations, including that treaty bodies should be encouraged to develop a gender analysis of each article of each treaty, and should be encouraged to develop a common strategy towards mainstreaming the human rights of women into their work.
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Advisory Services in Field of Human Rights
Also this afternoon, the Commission began a debate on the provision of advisory services in the field of human rights, with the aid of documents including a report by the Secretary-General on the role of the Centre for Human Rights in assisting the Government and people of Cambodia in the promotion and protection of Human Rights (E/CN.4/1997/84). This report describes the activities of the Centre for Human Rights in Cambodia from July to December 1996 and covers its support and assistance in: legislative reform; administration of justice; national institutions for the promotion and protection of human rights; treaty reporting and international obligations; assistance to human rights NGOs; education and training programme and curriculum development; information and documentation and; network of provincial offices.
There also was a report on the situation of human rights in Cambodia as evaluated by Thomas Hammarberg, Special Representative of the Secretary-General for Human Rights following his second visit to the country between 1-13 December 1996 (E/CN.4/1997/85). In his report, Mr. Hammarberg highlights certain areas of concern, notably the question of labour rights; the rights of the child; rights violated as a result of the use of land mines; and the rule of law, independence of the judiciary and administration of justice; prevention of torture; political rights and the preparation of elections; and freedom of expression. Other developments dealt with in the report are: legal developments; cases of deportation; and a case of military abuse of civilians.
The technical cooperation programme and activities in the field of human rights aimed at assisting Governments, at their request, in promoting and protecting human rights at the national and regional levels during 1996 are described in a report by the Secretary-General (E/CN.4/1997/86). This report gives the multi-year national projects that were completed; new national projects under implementation; regional and global projects implemented; field presence; new projects approved and received; and national projects that being developed or approved.
The human rights situation in Somalia is presented in a report by Mona Rishmawi, Independent Expert of the Commission (E/CN.4/1997/88). Following Ms. Rishmawi visit to Somalia from 10 to 13 February 1997, her report describes the current situation in the country, and particularly the human rights and humanitarian situation; the system of justice; the possibilities of providing technical assistance; her visit to Hargeisa. The report concludes that the Somali people must not be abandoned by the international community and that the human rights dimension of the Somali conflict was ignored and sometimes undermined. Several opportunities for technical assistance in the field of human rights existed in the country, particularly in the area of administration of justice.
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A report by Adama Dieng, Independent Expert, describes the situation of human rights in Haiti (E/CN.4/1997/89). His report describes the economic and social situation in Haiti, as well as the exercise of economic and social rights such as the rights to health, education, land and women's rights. The reform of the judicial system; the independence of the judiciary; criminal procedure; corruption; prisons; the Haitian National Police are among the subjects covered in the section of the report dealing with the administration of justice.
A report by Monica Pinto, Independent Expert, describes the assistance provided to Guatemala in the field of human rights (E/CN.4/1997/90). This report gives an overview of the agenda and the facts concerning the country in 1996 and presents the situation of civil and political rights such as: the right to life and integrity; administration of justice; prison system; citizen security; harassment and threats; freedom of expression, information and communications. The economic, social and cultural rights dealt with in the report are: the right to decent and equitable working conditions and trade union rights; the right to health and education; and the land problem. The section of the report on vulnerable groups covers the indigenous majority and uprooted persons. This latter category of vulnerable groups are considered in terms of communities in resistance (CPR), internally displaced persons; refugees, and returnees. Issues touching the vulnerable groups of women and children are also covered under this section.
Statements by Human Rights Experts
MONA RISHMAWI, Independent Expert on Somalia, presented her report, said the collapsed state of Somalia continued to present a serious challenge to the manner in which the international community dealt with conflict, humanitarian emergencies and rehabilitation opportunities. International interest in Somalia had significantly dropped despite continuing need in many areas. Somalia remained without a central government but with at least 30 clan-and region-based fighting factions. The international community had focused on the creation of a central government and on the delivery of basic humanitarian aid there, while other vital questions like the promotion of human rights and humanitarian law had been ignored.
Ms. RISHMAWI said that the political and security situation in Somalia differed from one region to another. There were three distinct regions in the country with different needs and operating environments. There were also zones experiencing crisis, zones experiencing recovery and zones experiencing transition from crisis to recovery. Assistance had to be adapted to those varying degrees.
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Ms. RISHMAWI said that despite some stability in some regions, the continued absence of a peaceful settlement had led to disturbing violations of international humanitarian rules pertaining to internal armed conflict. Yet, despite obvious problems, there was little monitoring of the human rights situation in Somalia. More disturbing was that the human rights dimension of the Somali conflict seemed to be deliberately, or by omission, overlooked by several international bodies working there. Some believed that only when the conflict was resolved could human rights be restored. But peace was no guarantee of observance of human rights principles. Still, while this serious challenge must not be underestimated, there were several opportunities for providing technical assistance to Somalia in the field of human rights and humanitarian law. A solid programme to provide these could only advance efforts to restore peace and stability there. The Somali people should not be abandoned by the international community.
RADHIKA COOMARASWAMY, Special Rapporteur on violence against women, introducing her report, said the foremost manifestations of violence against women in the community were rape and sexual assault. Despite the horrifying nature of rape, the legal framework in many societies remained antiquated, defined by male perceptions and male standards. In addition to the legal framework, the criminal justice system in most societies was often callous and insensitive to the needs of women. Women were also subjected to sexual harassment which was on the continuum of sexual violence against women. Forced prostitution and trafficking was another area of activity where there was a great deal of abuse and violence against women. Once women had been trafficked, they lost control of their lives and were subjected to violence and brutality. The problem of trafficking was also integrally linked to social and economic factors: the problems faced by many migrant women should be considered as a continuum of international trafficking.
Violence against women resulting from religious extremism was a troublesome phenomenon which occurred in many societies throughout the world, the Special Rapporteur continued. The practices of the Taliban in Afghanistan illustrated the brutal nature of violence against women which could emerge with religious extremism; this phenomenon was not limited to a single religion or group of countries, and was common in various forms among different States.
LEILA TAKLA, Chairperson of the Board of Trustees of the Voluntary Fund for Technical Cooperation in the Field of Human Rights, introducing the Board's report, said that technical cooperation was an extremely effective method of promoting human rights, and by supporting such efforts to eliminate and incriminate injustice, violence, atrocities, bloodshed, and torture, the international community was protecting the rights of future generations; children in many parts of the world were experiencing so much terror and violence that it was becoming to them an expected daily event, a normal way of life. Technical cooperation in essence was a sustainable process of continued
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development, and, as such, should find its prominent place on the map of human-rights activities.
Management of the Fund and the technical-cooperation programme had become more efficient and systematic, Ms. TAKLA said; during the past year the total number of ongoing and planned projects had increased by 40 per cent; today the Board was considering or reviewing about 50 projects in 32 countries in all parts of the world. Staff shortages were a problem -- the Administration Unit of the Centre for Human Rights remained weak and unable effectively to support the technical-cooperation programme; the number of project managers had decreased by almost 40 per cent since October 1996; it also was important that the programme continue as an established independent programme within the Centre, carried out by a distinct management unit within the framework of the new secretariat structure.
The biggest concern was financial, Ms. TAKLA said; the level of resources available in 1996 was some $4 million below the level needed to fund ongoing projects. It was imperative that at least $8 million be raised within the coming two years, but the net amount of pledges and contributions during 1996 had amounted to $2.7 million. She hoped, while thanking donors for their contributions, that regular donor Governments might not only maintain but increase their contributions. She wished to thank India, Lebanon, Mauritius, South Africa, and the Philippines for having joined the group of contributors, raising the number to 35. She further hoped that member States would not only contribute but promote donations from foundations, NGOs, the private sector, and other sources.
THOMAS HAMMARBERG, Special Representative of the Secretary-General for human rights in Cambodia, introducing his report, said four grenades had been thrown at peaceful demonstrators in Phnom Penh Sunday, killing 16 and wounding more than 100. The demonstration had been authorized by local and central authorities. The carnage was the worst case of political violence in Cambodia since the 1993 elections. Strong measures had to be taken to curb such violence -- it was important that Cambodian parties across the political spectrum agreed on a common platform to this end; that would require measures to impose discipline on all military, police and irregular forces under their control. Another constructive step would be to ensure a full and impartial investigation into the massacre last Sunday. The professionalism and impartiality of this investigation were essential.
Mr. HAMMARBERG said another subject of concern was the functioning of the justice system: courts were ill-equipped in regard to both human and material resources; bribery was widespread throughout the court system, and political and military authorities did not respect the independence of the judiciary. In relation to the problem of impunity, it was important that there be a serious discussion in Cambodia about how to handle the cases of gross violations in the past and how to investigate them.
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The expert said impressive steps had been taken, with the assistance of non-governmental organizations, to develop human rights training for the police forces. However, beatings and kickings occurred frequently during arrest, transport and interrogation and there had been cases of severe torture. Prison conditions were not satisfactory, although of course resources were scarce.
Mr. HAMMARBERG said that the human rights situation in Cambodia appeared to be fragile. Tensions between the two major parties had slowed down the pace of reform and the development of laws, structures and broader awareness to protect human rights. A gap had developed between the Government's words and its deeds on human rights. The lack of educated officials and professionals was also a problem, along with corruption. United Nations support of human rights in Cambodia needed to be systematic and long-term to allow for a sustainable contribution. Continued and generous international support to Cambodia, through the United Nations or directly, was also important.
MONICA PINTO, Independent Expert on the situation of human rights in Guatemala, said that in 1996 genuinely innovative decisions had been adopted at the national level, and a few telling political measures as well, all of which had led to the signing of a peace that could lead to a pluralistic, democratic society that promoted and protected human rights. The agreements between the Government and the National Revolutionary Union of Guatemala (UNRG) made up a part of the reality of Guatemala -- the written part; but these agreements had to be carried out now.
The damage of the internal conflict that had gone on for decades, finally ending in December, had caused absolutely incalculable damage, Ms. PINTO said. Military conscription had been suspended, and firm steps taken to reduce military influence on society, which previously had occurred to great effect for a long time. Demilitarization had to be monitored closely, and former army officials kept out of power. The gap brought about by the withdrawal of military institutions must be covered very quickly by civilian counterparts in an effective fashion; judicial, administrative, and other sectors had to be established in a competent way; and threats and harassment of those who were part of judicial bodies had to be ended. Signing of the peace agreement had created an atmosphere of public confidence.
State shortcomings were in some cases in and of themselves violations of human rights, she said. There had been a distinct decline in killings and torture, according to statistics; investigations of killings had declined by some 20 per cent over the last year, and complaints of extra-judicial executions had declined by some 33 per cent. Still, there were problems with abuses by State agents. And the judicial system had immense difficulties: resources were scarce, and follow-up occurred in a scattered way. Impunity
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therefore continued; an example was that some lynchings had occurred in 1996, demonstrating a complete lack of public confidence in the judicial system, and it was clear that at the moment the system was not up to coping with the challenges it faced. A professional judiciary still had to be established and court jurisdictions defined.
There were high rates of violence in society, the Independent Expert said; legislation to reform the justice system and to protect human rights in a practical fashion and allow equality of access to the justice system were urgently needed. There were also severe problems with prisons and prison staff, and the police force for years had had insufficient funding and suffered from corruption. Military police seemed to have failed to abide by provisions intended to lead to their dissolution.
Another ongoing problem involved land reform, Ms. PINTO said; there was a need to find methods to resolve difficulties with long and contentious histories in a calm matter, and, if possible, to avoid a situation in which those involved took all disputes to court. Among other things, it was necessary to set up a credible land-registration system.
The courts were to determine which members of the armed forces would be tried for human-rights crimes during the long period of armed conflict, she said; currently impunity was rife, and for the country truly to move ahead, it had to clear up the events of the past. Justice, without qualification or amplification, was needed.
ADAMA DIENG, Independent Expert on the human rights situation in Haiti, said an electoral campaign was in full swing in Haiti, which, despite minor incidents, reflected the process of democratization spreading in the country. The Haitian Government was trying to implement and respect political rights -- an enormous task given existing obstacles.
Mr. DIENG said that the high rate of crime and endemic corruption was still alarming. And the mass expulsion of Haitians from the Dominican Republic had added to the obstacles. The Dominican Republic was invited to follow international law regarding such procedures.
Reviewed the exercise of the rights to health, education and land in Haiti, the expert said Haiti had provided funds for health services, but a mushrooming population and devaluation of the currency had resulted in a situation where less than half of the population had access to health services. Shanty towns in cities were also rife with infectious diseases as well as the AIDS virus. The Government's ability to provide education was also affected, with only half of those between the ages of 6 and 24 being able to attend school. Haiti was encouraged to pursue agrarian reform programmes by giving land titles to people while protecting the environment. It was
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important to ensure the security and protection of agricultural workers. The Government should also look into violence against women in the home.
Mr. DIENG said the Haitian Government was aware of the vital need to reform its judiciary and get rid of corrupt judges. But the independence of magistrates was undermined by low salaries and other elements. As for law enforcement officials, there were serious violations of human rights by the national police, although the regime had shown it had the political will to end impunity. None the less, the situation in Haiti was fragile and made worse by poverty. Support from the international community was necessary.
Statements in Debate
JOSEPHE PHILIPPE ANTONIO (Haiti) said the human rights situation in his country, while generally positive, as highlighted in the report by the independent expert, needed to be improved. Detention centres; the problem of arbitrary detention; the corruption of judges, and the training of the police force were all areas that deserved the attention of the Government. The political will for reform existed. To achieve its objectives, the State needed to be restructured and appropriate new bodies needed to be established to, among other things, disseminate a civic education programme. The reform of the judicial system in Haiti and all that implied in terms of modernizing the country's penal and legal systems should be considered against the background of the phenomenon of globalization and the fact that numerous developing countries had had to implement structural adjustment and privatization programmes with their attendant cuts in social expenditures. The Haitian Government did not have the necessary resources to implement necessary reforms, even if the political will existed.
NINA KOVALSKA (Ukraine) said the improvement of coordination of human rights activities within the United Nations system was one of the key elements related to the further promotion and encouragement of human rights and fundamental freedoms. To this end, the Centre for Human Rights should increase its coordination capability by establishing a capacity to prepare and follow-up the substantive and technical assistance it provided in collaboration with other relevant United Nations bodies. There had been a lack of comprehensiveness in the approach to the restructuring of the Centre and the rationalization of the system of special procedures. Many rapporteurs, representatives and experts had not been contacted during the elaboration of the restructuring plan by a management consulting firm. As for positive developments, the establishment of field offices was an important advance in the effective monitoring of human rights violations. Regarding what needed to be done, in-situ visits to the same country by several rapporteurs should be submitted in a consolidated report.
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KIRSTEN MLACAK (Canada) said the 1993 Vienna Declaration and Programme of Action affirmed that the human rights of women and of the girl-child were inalienable, integral and indivisible parts of universal human rights. It further stated that gender-based violence and all forms of sexual harassment and exploitation were incompatible with the dignity and worth of the human person and had to be eliminated. She agreed with the Special Rapporteur on violence against women that States had an affirmative duty to protect the human rights of women and that governments had to exercise due diligence to prevent violence against women. The recognition of the links between the integration of women's rights and mainstreaming a gender perspective was encouraging. Coordination involving all key elements of the United Nations system was critical to achieving the objectives relating to women's human rights and equality. Treaty bodies were encouraged to develop gender guidelines to be used in the review of states parties reports and to develop a common strategy towards mainstreaming the human rights of women into their work so that each body could monitor the human rights of women.
PETER VAN WULFFTEN PALTHE (Netherlands), speaking on behalf of the European Union, said the rights of many women around the world were still poorly taken care. Women and girls were often abused just for being female. The Commission had come late to the issue of women's rights, although the United Nations as a whole had a history of fighting for the rights of women -- the Vienna and Beijing United Nations conferences had reaffirmed that the human rights of women and the girl child were an inalienable, integral and indivisible part of universal human rights. But the European Union was gravely concerned that many States had made reservations incompatible with the object and purpose of the Convention on the Elimination of All Forms of Discrimination against Women. The Union for its part contributed actively to the implementation of the Beijing commitments, through, among other measures, the Medium-Term Community Action Programme on Equal Opportunities for Women and Men. Moreover, the Union fully supported the work of the Commission on combatting violence against women, a serious threat to the ability of women and girls to enjoy their rights and freedoms on the basis of equality with men.
ALEXANDRE KELLMAN (El Salvador) said that in 1995, his country had ratified the Convention on the Elimination of All Forms of Discrimination against Women, also known as the Belem do Para Convention. In February 1996, the Salvadorean Institute for the Development of Women had organized a series of meetings in which the country's basic policy towards women had been drafted. Human rights issues, including the theme of the rights of the family and women, now formed part of the curriculum of the National Academy for Public Security. Furthermore, a special police unit had been created to respond to violent acts against women. As for the subject of technical assistance in the field of human rights, he wished to recall that El Salvador had signed a number of cooperation agreements with the Centre for Human
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Rights; implementation of these agreements would be monitored by an inter-agency United Nations team and would be stretched over two years.
MASAKI KONISHI (Japan) said his Government had been a regular contributor to the United Nations Voluntary Fund for Advisory Services and Technical Cooperation in the Field of Human Rights, including $800,000 this year. However, there was need for improvement with respect to the efficiency and effectiveness of this Fund, which should reflect more properly the needs and priorities of both donor and recipient countries. An inter-governmental mechanism should be created to replace its present board of trustees. The Amman Workshop on Regional Arrangements for the Promotion and Protection of Human Rights in the Asian Pacific region held in January 1997 had recommended that: "a regional technical programme ... be designed and implemented as a matter of urgent priority in partnership with the ... Centre for Human Rights under the Technical Cooperation Programme with a view to facilitating the sharing of experience, expertise, and the best practices within the region to further enhance national and regional human rights capacities". The Japanese initiative, "Partnership for Peace", would continue initiatives aimed at strengthening civil society and seek to ensure the democratic development and better promotion and protection of human rights needs, by means of appropriate systems, institutions and human resources.
BALA RAM K. C. (Nepal) said his country had, according to United Nations High Commissioner for Refugees (UNHCR) figures, the largest caseload of refugees in Asia. The first batch of some 90,000 refugees from Bhutan had entered Nepal in December 1990; several organizations had described how these refugees were being prevented from returning to their home country. The report by the UNHCR said the three phases in the refugee paradigm -- flight, asylum and durable solutions -- were an indispensable part of the global human rights regime, and that such displacements and mass exoduses were the direct consequence of systematic violations of human rights and humanitarian law. Nepal had recently promulgated a bill creating a Human Rights Commission, an autonomous national institution empowered to investigate violations and take action against them.
MINELIK ALEMU GETAHUM (Ethiopia) said the Commission should take the lead, undertake concrete measures and make proposals for action by the General Assembly. These could include rationalization of the agenda and work of the Commission and speedy conclusion of standard-setting activities, particularly those relating to the draft declaration on indigenous peoples and the draft optional protocol on the involvement of children in armed conflict. The Commission should also provide for a special discussion on ways and means for further improving the effective enjoyment of human rights and fundamental freedoms; and should reflect on the disparity between legal norms and the reality of human rights observance throughout the world. It should reflect on action to be taken in cases of massive and gross violations of human rights
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and fundamental freedoms and support the establishment of an international criminal tribunal.
JEAN KAHN (France) said the creation of national institutions for the promotion and protection of human rights had been foreseen by United Nations organs as early as 1946. The French Consultative Commission on Human Rights had been created 50 years ago under the leadership of Nobel prize winner René Cassin. The role of such institutions in, among other things, the implementation of international standards had been recognized by the United Nations. The time had come to take a step forward in giving a place and a status to these institutions in the United Nations bodies that dealt with human rights; indeed, a study on how to achieve this objective had already been carried out. In France, and within the framework of the "European Year Against Racism", the Consultative Commission had received more than 300 projects from numerous organizations, including universities and trade unions, to mark the occasion. Education and not judicial means should be used to combat racism. When extreme right wing movements spoke of "national preference", "racial superiority" and "Judeo-masonic plots", the general public must be clearly told that these were no more than racist slogans.
ELTJE ADERHOLD (Germany) said trafficking in women and girls for purposes of sexual exploitation was one of the most vicious forms of violence against women and in recent years had become a highly lucrative business; bringing the criminals responsible for it to justice was a challenge not only for the countries concerned but for the international community. Germany knew that it, along with other member States of the European Union, were preferred targets for traffickers, and regrettably this kind of crime had been expanding at an alarming rate. Although trafficking in women was a criminal offense in Germany, cases were rarely brought to the attention of police -- affected women were reluctant to go because many had no residence permits or were afraid of reprisals by traffickers. None the less, in 1995 the number of prosecutions totalled 1,731, an increase of 67 per cent over the previous year. Germany took the problem very seriously, had initiated and carried out a number of studies, and recently had set up a working group on trafficking in women under the auspices of the Federal Ministry of Women's Affairs; at the international level, it was fully involved in efforts to combat the crime. Germany was fully aware that a true solution was only possible through international cooperation, and called on countries of origin to join in such efforts.
H. K. SINGH (India) said the agenda item on the further promotion and encouragement of human rights and fundamental freedoms had become unwieldy and was in urgent need of rationalization. Given the time allocated to the number of unrelated issues under that item, it was virtually impossible to devote focused attention to it. As for the Centre for Human Rights, it was important to proved regular staff to that institution. Member States must respect the
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international character of the responsibilities of the staff as well. Similarly, the staff should not seek to receive instructions from any Government. It was also imperative that more resources be provided to the Centre from the regular budget of the United Nations. A large and growing number of activities of the Centre were currently being funded through voluntary contributions -- a degree of caution should be exercised to ensure that the Centre did not become another "donor" driven organization, which might lead to distortion of priorities. The Centre, in the interest of a balanced human rights programme that enjoyed universal support, must ensure full transparency in all aspects of its work. Regarding field operations, India did not question their need; it did however a question as to whether there was an optimal use of resources. Would the resources not be put to more effective use if they were deployed entirely for technical cooperation and advisory services aimed at building national institutions and capacities?
TUGAY ULUCEVIK (Turkey) said consideration of the agenda item coincided with two abominable events involving Turkish migrant workers and their families: the 26 March fire, apparently the result of arson, in the Hague, which had claimed the lives of a Turkish mother and five of her children; and the fire five days later that had killed another Turkish mother and two of her children in the German town of Krefeld, again apparently the result of arson. These tragedies were the culmination of a series of dreadful incidents that had begun in 1992 in Germany. Under international law, racism was not an opinion but an offense; several resolutions of the Commission and the General Assembly had called for Member States to strengthen legislation against it. The offenses in the Hague and Krefeld, although the motivations behind them were not yet known, appeared to be racism with a new face. Western European countries must strengthen their efforts to end such tragedies of racism and xenophobia, perhaps with cooperation with relevant United Nations human-rights mechanisms; meanwhile, the delegation asked the Commission to observe a minute of silence in memory of victims of racism and xenophobia throughout the world.
K. REZAG-BARA, of the National Human Rights Observatory of Algeria, said terrorist attacks were continuing in Algeria, affecting human rights and property. This terrorism took many forms, including the assassination of journalists, clergymen and civilians. Terrorism was a true war against civilians and against the rule of law. This violence had been universally condemned as foreign to Islam. This situation of insecurity caused by terrorist groups could not be equated with civil war or armed political opposition. These horrific crimes against civilians could not find any justification in politics. The international community and human rights organizations had to join their efforts to bring to life the General Assembly resolution which said that criminal acts for political aims could not be justified under any circumstances.
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Right of Reply
APICHART CHINWANNO (Thailand) said he wanted to clarify the remarks made yesterday evening by the representative of an NGO regarding the situation of Karen refugees on the Thailand/Myanmar border. The Thai Government had taken concrete steps to aid Karen persons, and international organizations had been granted access to these people. The presence of Karen refugees on Thai soil was not new -- the Thai Government had always provided them with considerate and generous support. During the cold war, more than half a million Cambodian, Laotian and Vietnamese refugees had found refuge in Thailand. A decade later there were almost one million Myanmar nationals living on Thai soil as displaced persons or as illegal migrants. In spite of this, Thailand would continue to adhere to its long-standing policy of providing safe refuge and humanitarian assistance to all those fleeing unrest in neighbouring countries.
JOSE FERNANDEZ (Philippines), responding to a statement made by Anti-Slavery International, said the Philippines attached importance to the protection and promotion of the rights of indigenous cultural communities, whose rights were recognized by the Constitution. The delegation did not understand the basis for the sweeping allegation made by the group regarding debt bondage. This allegation came as the Government was issuing certifications of claims for ancestral domains. Another allegation was that ancestral lands were being overrun by foreign mining companies. This was a distortion of the truth, because whenever any displacement of these communities had to take place, it was always done in consultation with them. The Philippines took its human rights obligations very seriously and would respond to every allegation made regarding grievances of indigenous cultural communities.
EMMANUEL MANOUSSAKIS (Greece) said the delegation had listened with interest to the speech made by the Minister for Foreign Affairs of the former Yugoslav Republic of Macedonia; however, the delegation wished to remind him that the proper name of his country was the former Yugoslav Republic of Macedonia.
ELIZABETA GORGIEVA (The former Yugoslav Republic of Macedonia) said the Constitution of Macedonia stated that the name of her country was the Republic of Macedonia
EMMANUEL MANOUSSAKIS (Greece) said Security Council resolution 817 was self-explanatory regarding the former Yugoslav Republic of Macedonia. In fact, if the country was to be called anything other than the former Yugoslav Republic of Macedonia, that resolution would not have been passed.
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ELIZABETA GORGIEVA (The former Yugoslav Republic of Macedonia) said the delegation considered that, regretfully, the text of the relevant United Nations resolution had again been misinterpreted by the representative of Greece; she saw no further need to elaborate the text of the resolution.
KINGU SINGYE (Bhutan) said the statement earlier in the evening by the distinguished delegate of Nepal deserved a response; the matter of Bhutanese refugees in camps in Nepal was the subject of ongoing negotiations, as had been noted by Bhutan last week. Both sides had expressed confidence in the ongoing bilateral dialogue and had said they believed it would lead to an acceptable solution for all involved.
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