COMMISSION ON HUMAN RIGHTS CONTINUES DISCUSSION OF NATIONAL INSTITUTIONS, MASS EXODUSES, DISPLACED PERSONS

Press Release
HR/CN/790

COMMISSION ON HUMAN RIGHTS CONTINUES DISCUSSION OF NATIONAL INSTITUTIONS, MASS EXODUSES, DISPLACED PERSONS

(Reproduced as received.)

GENEVA, 7 April (UN Information Service) -- The Deputy Minister for Foreign Affairs of Bosnia and Herzegovina told the Commission on Human Rights this morning that flagrant violations of basic human rights were the most serious threat to the peace process in Bosnia. Chapters of the Peace Agreement dealing with human rights were no more than dead letters on paper, said Husein Zivalj. This situation would remain unchanged until all those indicted for war crimes were arrested and brought before the International Criminal Tribunal for the former Yugoslavia in The Hague, he added.

Lack of political will and resolve to implement the most crucial aspects of the Peace Agreement -- the right of the return of refugees to their homes of origin -- had created an extremely sensitive situation and the growing frustration of these people would inevitably lead to conflict if their safe and orderly return was not secured soon, Mr. Zivalj said.

The Commission also heard from Francis M. Deng, Representative of the Secretary-General on internally displaced persons, who said that governments were generally acknowledging their primary responsibility to protect and assist such people, but needed to put more emphasis on human-rights concerns. He called for an international mechanism to respond rapidly to emergency situations involving the internally displaced.

Delegates of the following countries addressed the meeting: South Africa, United States, Argentina, Uganda, Egypt, Denmark, China, Pakistan, Madagascar, and Romania. The following observers also spoke: Australia, Syria, Peru, Kenya, Venezuela, Nigeria, and Poland. The National Human Rights Commission of Nigeria also addressed the Commission.

The Commission will reconvene in private session this afternoon at 3 p.m., and is expected to commence a plenary session at 6 p.m.

Statement by Deputy Foreign Minister of Bosnia and Herzegovina

HUSEIN ZIVALJ, Deputy Minister for Foreign Affairs of Bosnia and Herzegovina, said the experience of human rights violations shared by his countrymen was behind their attachment to the struggle against abuses. Fourteen years ago, he had been sentenced to prison in a Sarajevo courtroom for having dared to express thoughts which differed from those of the people in power then.

The independence of Bosnia and Herzegovina following elections had led to acts of aggression against his country, Mr. ZIVALJ continued. The aggression had sought to annihilate the multi-ethnic, multicultural and civil identity of the country and had been presented not as act of genocide but as a civil war. The signature of the Dayton Accords in December 1995 had brought an end to the war. Since then, the legal and political conditions were created to establish the necessary military balance between countries of the region. But flagrant violations of basic human rights represented the most serious threat to the peace process in Bosnia. The chapters of the Peace Agreement dealing with human rights, and particularly the right of refugees to return to their homes, were no more than dead letters on paper. This situation would remain unchanged until all those persons indicted for war crimes were arrested and brought before the International Criminal Tribunal for the former Yugoslavia in The Hague.

Mr. ZIVALJ said the reasons given for the resignation of Manfred Nowak, Expert in the Special Process on Missing Persons in the former Yugoslavia, had nourished the considerable frustration and concern felt in his country. The lack of political will and resolve to implement the most crucial aspects of the Peace Agreement -- the right of the return of refugees to their homes of origin -- had created an extremely sensitive situation. The growing frustration of the refugees would inevitably lead to conflict unless their safe and orderly return was secured without further delay.

The Deputy Minister called for efforts to reinvigorate the implementation of the civilian part of the Peace Agreement; for the urgent removal and punishment of all indicted war criminals from the country; for the granting of full political and financial assistance to the International Criminal Tribunal for the Former Yugoslavia; for the rapid search for missing persons and the voluntary, safe and orderly return of refugees; and for the free movement of people and goods throughout the country.

Further Promotion of Human Rights and Fundamental Freedoms

As it continued to consider the question of the further promotion and encouragement of human rights and fundamental freedoms, the Commission took up a report from the Representative of the Secretary-General on internally displaced persons (documents E/CN.4/1997/43 and Add. 1). Introducing the

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report this morning, the Representative, FRANCIS M. DENG, said the international community had made considerable progress in coping with the problems of the internally displaced; Governments were generally acknowledging their primary responsibility to protect and assist affected populations, and when they could not discharge that responsibility for lack of capacity, were becoming less reticent about seeking international assistance. The debate now was over whether displaced persons should be treated as a discrete category or as part and parcel populations in similar situations.

However, the international community so far appeared to be more inclined than prepared, both normatively and institutionally, to respond effectively, Mr. DENG said; much of the driving force was more humanitarian than politically reflective of human-rights concerns; Governments were more interested in seeking assistance from the international community than they were responsive to human-rights monitoring and to ensuring protection; they also were more willing to address the consequences of displacement than they were to find solutions to the underlying causes. It furthermore was obvious that there was no political will to create a new institution or designate an existing one to assume full responsibility for the internally displaced; the only option that seemed to have gained wide acceptance was to enhance existing international capacities, and at the moment, despite improvements, such systems remained ad hoc, selective, and inadequate. Large numbers of internally displaced persons remained unprotected or inadequately served.

It had repeatedly been recommended that there was a need for a central point or mechanism to assign rapidly institutional responsibility in emergency situations involving the internally displaced, Mr. Deng said; operations were more effective when one agency assumed the principal role for the internally displaced in each complex emergency, and served to coordinate the efforts of others; the United Nations human-rights machinery also needed to be strengthened so that it could better address protection problems and better address human-rights concerns.

Country missions enabled him to link relevant levels of response and cooperation, said Mr. Deng. Such trips accomplished a great deal but also were a source of agony and frustration as he recognized the wide gap between the hopes inspired by the visits and what the international community was in fact able to deliver. The gist of his approach was to uphold respect for State sovereignty but at the same time to highlight the responsibilities of sovereignty towards all those under State control; if States were incapable of discharging those responsibilities they were expected to request, or at least accept, international help. There were, however, Governments that had been less receptive and even resistant to country missions, and it could be fairly assumed that these Governments had records for providing protection and assistance to their people which left them vulnerable to international scrutiny.

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Statements in Debate

ANDRE JACOBS (South Africa) said the Government had decided it was in favour of accepting outside assistance in the field of human rights, and there were now a number of projects under way in the country; the Centre for Human Rights, moreover, had responded promptly and efficiently to an appeal from the country and sent a team of experts on a needs-assessment mission. The team had offered skilful advice, and the authorities, with only minor technical alterations, had accepted these proposals. The country was proud to announce that a Technical Cooperation Agreement would shortly be signed between the Government of South Africa and the United Nations. Recognizing that United Nations resources were scarce, South Africa also wished to announce that it would donate $100,000 to the Voluntary Fund for Technical Cooperation in the field of Human Rights; the country was not rich and could not harbour ambitions to be a major donor State, but did attempt to made modest contributions where it had carefully calculated that they would do the most good, and he was happy to announce here that over the next few days the country would be making cash grants to nine other international humanitarian and human rights bodies.

NANCY RUBIN (United States) said the appointment of Radhika Coomaraswamy as Special Rapporteur on violence against women was the first major sign that the United Nations was serious about women's rights. For too long, violence against women knew no country or region and such violations were justified by culture, history and tradition. However, as Madeleine Albright, the first female United States Secretary of State, had said, such violence was not cultural, but criminal, and must be punished. One of the most important achievements of the Fourth World Conference on Women in 1994 had been the Platform of Action, which consisted of a series of practical and far-reaching steps for governments, non-governmental organizations, the international community and individual women and men to advance the status of women's human rights. Empowerment was also a main message to come out of this Conference. The United States had made progress in mainstreaming issues of importance to women and in advancing the recognition and implementation of women's human rights. It had also taken concrete steps to integrate women's human rights into United States domestic policy. HERNAN PLOROTTI (Argentina) said the international community was seeking ways to ensure respect for human rights by, among other things, establishing guidelines on national and local institutions on such rights. Since the re-establishment of democratic rule in Argentina in 1983, Governments there had adopted measures to make human rights effective. In addition to the adoption of human-rights legislation, two human-rights bodies and several programmes to deal with complaints, counselling, vulnerable groups and other issues had been set up. Both chambers of Congress had also set up human rights bodies that included parliamentarians from all the political parties. In addition, there was an independent human-rights ombudsman, and the judiciary was independent, which guaranteed human rights.

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LUCIEN TIBARUHA (Uganda) said it was disturbing that for a majority of the world's women, the enjoyment of legally enshrined human rights remained a distant dream. It was unfortunate that the family as a unit where democratic principles should prevail remained unsafe and hostile to many women. The Special Rapporteur on violence against women presented a disturbing picture of the continuation of violence against women in the context of the community. This included acts such as rape and sexual violence against women, as well as violence against women migrant workers. States should take action to enact and enforce legislation against perpetrators of practices and acts of violence against women. They should also support the work of the Special Rapporteur and her recommendations. Uganda had taken steps to eliminate violence against women, including imposing stiffer penalties for rape and other sexual violence against women, and establishing a favourable framework for the protection of women's human rights.

MOUNIR ZAHRAN (Egypt) said terrorism was one of the main challenges facing the international community. Terrorism could be eliminated if the political will from all States to do it existed. This entailed increased cooperation and the exchange of information about terrorists and their acts. Countries should also not provide refuge or train or finance terrorists, and they should make proper enquiries so that they did not give asylum to terrorists. Regarding the rights of women, Egypt believed they were indivisible from human rights as a whole. Egypt had offered women equality in salaries, voting and other fields. In the discussion of women's and human rights, the increasingly serious issues related to the situation of refugees and internally displaced persons could not be overlooked. The African continent was one of the places most affected by this phenomenon.

TYGE LEHMANN (Denmark) said the second European meeting of national institutions for the promotion and protection of human rights had been held in January in Copenhagen. Given the plurality of forms which national institutions could take, one should not attempt to streamline or make uniform the organizations in accordance with some prefixed structure; diversity was a strength and not a weakness. But the institutions should be guaranteed genuine independence, through, among other things, a pluralistic representation of civil society; at the Copenhagen meeting it was stressed that keys for ensuring independence were such powers as the right to report to Parliament, the right of taking own initiatives, the right of access to the media, and securing sufficient and stable funding. To strengthen such institutions, the Commission might reflect some of these recommendations in a resolution. The meeting further urged that the Commission provide an appropriate space and process for the participation of national institutions at its sessions, so that representatives need not address the audience either from the seats of the official delegations or from the seats of non- governmental organizations. The European meeting also had acted to create a coordination group, which would work in coordination with the Council of Europe, the High Commissioner for Human Rights, and other relevant bodies.

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WANG GUANGYA (China) said each country had its own human-rights focuses and concerns and thus it was normal that there should be some divergence of views. The best way to handle these differences was through respectful dialogue rather than turning the Commission into a court and adopting country resolutions against those countries not to the liking of certain other countries; such an approach only escalated hostility and did not promote human rights. The sovereignty, cultures, traditions, and values of different countries should be respected; but some countries launched wilful attacks on developing countries, resorting to sanctions from time to time and infringing upon their democratic rights. Over the past five years, 72 developing countries had been subject to country resolutions due to the efforts of the developed countries. Last year one representative of a certain group of developed countries named more than 60 developing countries in one intervention. Civil and political rights were given, unfairly, more emphasis in the Commission than were economic and development rights. Special rapporteurs should carry out research and visits in ways that did not infringe upon the sovereignty and dignity of host countries. Finally, Japan should take concrete actions to atone for past offenses committed against "comfort women".

MASOOD KHAN (Pakistan) said the question of whether to deploy monitors in situations of massive internal displacement needed closer scrutiny; the report of the High Commissioner on mass exoduses and displaced persons, while commendable, did not include in its analysis of the causes the elements of repression, foreign occupation, and denial of the right to self-determination. In the case of Afghanistan, it did not touch on the root cause of displacement, namely the on-going conflict, which required more attention. National institutions for human rights should not be used to project hoaxes of transparency by States responsible for gross human-rights violations. Concerning women's rights, the worst form of violence against women was the use of rape as an instrument of war, as in former Yugoslavia and in Indian-held Kashmir; such practices required consistent efforts on the part of the international community. The United Nations must focus more on terrorism and condemn in whatever form it took; it must also support the freedom movement in Jammu and Kashmir, where people deserved to exercise their right to self-determination.

J. RAVALOSON (Madagascar) said a delegation from the Centre for Human Rights had recently been able to ascertain that his country, which had turned a new page in its history and was headed towards democracy and the rule of law, had benefitted from advisory services in the field of human rights. Such services were the most constructive manner of defending and promoting human rights. If technical cooperation agreements in this field were applied in a large number of countries, the harmonization of national legislations with international human-rights standards would be greatly facilitated; this would, moreover, reinforce the capacity of countries to promote and protect human rights and democracy, leading to the strengthening of the rule of law. By

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means of concrete and practical programmes, technical cooperation agreements resulted in the promotion of democratic institutions. However, technical cooperation activities suffered from a lack of financial and human resources. Madagascar supported the suggestion of the Chairman of the Board of Trustees of the Voluntary Fund for Technical Cooperation to strengthen financing of the Fund through a mechanism involving swapping debts for action for human rights. His Government had just concluded an agreement with the Paris Club to partly reschedule its debts in favour of environmental and aid projects.

IOAN MAXIM (Romania) said the Vienna Declaration and Programme of Action of the 1993 World Conference on Human Rights had reaffirmed the important and constructive role played by national institutions for the promotion and protection of human rights. The basic premises for the implementation of human rights instruments were provided by States themselves, when they took all appropriate legislative and institutional measures to ensure full compliance with their relevant international obligations. The establishment of national institutions was an imperative for this process. But Romania believed human rights matters should not be the responsibility of governments exclusively. One of the Romanian Government's first priorities was the promotion of the establishment of a wide range of specialized human-rights institutions, in some cases even prior to the ratification of relevant international instruments. Cooperation and exchange of views with United Nations Member States in this connection had been very useful; due to the complexity of human-rights issues, Romania was interested in the continued development of international cooperation in this field. National institutions on human rights should participate in the Commission; this would encourage an impartial, comprehensive and professional exchange of views on ways and means for the improvement of human rights protection.

LEE KERR (Australia) said her country was a strong supporter of independent national human rights institutions as practical and effective vehicles for the promotion and protection of human rights. It was pleased that assistance to national institutions was now a core component of the technical cooperation programme of the High Commissioner for Human Rights and the Centre for Human Rights. Independent national institutions had a particular and quite distinct contribution to make to the proceedings of the Commission, and they should be able to make this contribution in their own right. As for United Nations human-rights mechanisms, Australia commended strongly the work of the Special Representative of the Secretary-General on human rights in Cambodia, Thomas Hammarberg. Australia and the international community acknowledged that the task of improving the observance of human rights and the justice system in Cambodia was enormous and would take many years. What they sought was a steady forward movement. Australia was shocked by the recent attack on a legal and peaceful demonstration at the National Assembly and called on the Cambodian Government to take immediate and effective measures to bring the perpetrators of this crime to justice and to ensure that such blatant acts of political intimidation did not recur.

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IYAD ORFI (Syria) said State terrorism was an extremely serious human-rights offense, of which Israeli occupation of part of Syria was a prime manifestation. To review the terrorist acts perpetrated by Israel against Arab countries would require days and volumes, but among them were the Qana massacre, in which Israeli occupation forces attacked a civilian shelter, resulting in the slaughter of over 100 innocent civilians. In addition, Israel exerted "nuclear terrorism" over the region, as it was the sole State in the Middle East to possess such weapons. Finally, there was the terrorist bomb explosion carried out by Israel in a bus in Damascus, maiming and wounding a number of people. Syria sought a just and comprehensive peace on the basis of "land for peace" and on the standards of the Madrid Peace Conference. Some were still deliberately attempting to mix up acts of terrorism with legitimate acts of resistance to foreign occupation, despite the difference being recognized by the vast majority of States; in fact resistance to foreign occupation was legitimate in accordance with the United Nations Charter and international law.

GONZALO GUILLEN (Peru) said the terrorist violence that appeared in Peru at the beginning of the 1980s had created a forced migration of rural people to safer, often urban areas, where they could be safer; but there had been many problems resulting from this internal displacement, including impoverishment of these routed families through separation from their farms and properties, unfamiliarity with new terrains and cities, and legal confusion. Some 150,000 had been displaced, with serious socio-economic results; voluntary and gradual return for them had been supported by Government programmes begun in the mid-1980s. Government projects were to many to enumerate, but they included building of infrastructure; livestock and other agricultural inputs; and educational programmes and teacher training. However, the task was immense and the country's resources had been insufficient; international assistance provided had been much appreciated. Currently, a project was under way in Peru that aimed, over three years, to help 25,000 people. Peru supported greater help for the Representative of the Secretary-General on internal displacements, as such population movements affected some 30 or 40 countries.

ALEX. K. CHEPSIROR (Kenya) said a 10-member Standing Committee on Human Rights had been appointed by the President of the Republic with a composition representative of cross-section of Kenyan society. Committee's terms of reference were to investigate complaints of alleged violations; to investigate complaints of alleged injustice, abuse of power, or unfair treatment by public officers; and to educate the public in human rights. The Committee could establish subcommittees, set up task forces and convene special panels; it had the power to address any general state of affairs which might contribute to injustice or abuse of power. It functioned independently, frankly, transparently, and at the conclusion of any investigation was required to set out clearly its finding and to make recommendation. So far it had received several petitions and undertaken prompt investigations of allegations referred

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to it. The Centre for Human Rights was requested to give priority to organizing training, upon request, of officials in charge of national institutions for human rights, and Kenya also wished to call for increased contributions to the relevant voluntary fund.

NAUDY SUAREZ FIGUEROA (Venezuela) said its commitment to the promotion and protection of human rights was at least as old as its system of democratic government, which had been established in 1958. As democracy continued through time, it had become increasingly clear that it was indivisible from human rights. in this context, the existence of human rights bodies, whether governmental or non-governmental, had proved its usefulness. Venezuela had seen a veritable flourishing of non-governmental bodies of every type. But until recently it had lacked a national institution. Then, last December, the National Commission for Human Rights was established. Venezuela wished to benefit from experience of the Centre for Human Rights with regard to national institutions and had begun contacts to help to prepare a national plan for human rights.

C.U. GWAM (Nigeria) said that since the Voluntary Fund for Technical Cooperation had been established in 1987, it had been used mainly for providing technical cooperation and advisory services to interested States. There was an increasing number of requests for these services by States, which was an expression of their growing commitment to promote and protect human rights and fundamental freedoms. Nigeria also noted an increasing number of voluntary contributions to the Fund, and felt they should not be accompanied by conditionalities. Nigeria wanted a more comprehensive report from the Secretary-General on the Voluntary Fund which included an inventory and an analysis of all available technical cooperation from all sources. It also urged the Secretary-General to ensure strict and transparent project-management rules and guidelines, periodic evaluations of the programmes and projects, and the dissemination of evaluation results, including programme implementation and financial accounting reports.

The rpresentative of the National Human Rights Commission of Nigeria, said the agency had been established in 1995 and had 16 members representing human-rights non-governmental organizations, the legal profession, the public and private media, Government ministries, and a variety of other interest groups; it was autonomous and mandated, among other things, to deal with all matters related to protection of human rights; to monitor and investigate alleged violations; to assist victims of violations and seek redress and remedies; to undertake studies; to publish reports on human rights from time to time; and to organize local and international seminars and workshops. Staff was being recruited for the Commission, and much assistance was needed to train them to do their jobs properly. A Committee on Promotion and Information had been set up, some symposia already had been held; investigation of human rights complaints was being carried out by a Committee on Complaints, and so far over 60 complaints had been received. Contacts had

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been set up with the United Nations Centre for Human Rights, relevant African human-rights bodies, and with non-governmental organizations; greater emphasis was needed by the UN Centre on providing relevant advisory and technical services.

LUDWIK DEMBINSKI (Poland) said the fiftieth anniversary of the Universal Declaration of Human Rights should be used for stocktaking to ensure that obstacles could be overcome to reach the Declaration's goal -- universal respect of the rights of all; sadly, there was a wide gap between the ideal world of international standards and the dire reality of human existence. The Commission had to act, speedily and decisively; the causes of the gap were two-fold -- on the one hand, Governments did not always live up to the standards to which they had freely subscribed; on the other, there were people and groups unable on their own to claim their rights, either for lack of resources or knowledge. A workshop co-hosted in Warsaw last January, by Germany, South Africa, and Poland, had, during two days of lively discussion among 27 countries, found a clear sense that international cooperation was indispensable among equal partners to create positive action for human rights; that claims of national sovereignty could not deprive the international community of its right to be concerned with human-rights violations wherever they occurred; and that there was an urgent need for greater resources to assist States who requested it to improve their human-rights performances. Human rights now made up 1.8 per cent of the United Nations budget; the Commission must press the organization for a greater share of its overall resources.

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