SPECIAL RAPPORTEURS, NUMEROUS OTHERS TELL COMMISSION OF HUMAN RIGHTS VIOLATIONS
Press Release
HR/CN/794
SPECIAL RAPPORTEURS, NUMEROUS OTHERS TELL COMMISSION OF HUMAN RIGHTS VIOLATIONS
19970410 (Reproduced as received.)GENEVA, 8 April (UN Information Service) -- Special Rapporteurs on the human-rights situations in Afghanistan, the former Yugoslavia, Equatorial Guinea and Cuba cited concern this afternoon over continued offenses. In addition, Special Rapporteurs on extrajudicial executions and on the independence of the judiciary, who had investigated the situation in Nigeria, reported that executions by police and security forces were widespread and that the judicial system appeared to be on the verge of collapse.
The remarks of these experts were followed by a series of addresses from the floor as the Commission on Human Rights began in earnest its annual review of complaints of violations in specific countries.
The meeting, which ran until 9 p.m., also featured responses -- in some cases, objections -- by several of the Governments focused on the Commission's Special Rapporteurs, including those who had addressed the Commission this morning on situations in Rwanda, Zaire, and Burundi. The representative of Burundi, for example, claimed that Special Rapporteur Paulo Sergio Pinheiro had not dealt objectively with problems in the country but had instead "add oil to the fire". Mr. Pinheiro denied the accusation.
Alejandro Artucio, Special Rapporteur on the situation of human rights in Equatorial Guinea, said there were no guarantees of the independence of the judiciary in the country, that he had found evidence of acts of torture and maltreatment, that there were other grave and repeated violations of human rights, and that members of opposition political parties were harassed.
Bacre N'Diaye, Special Rapporteur on extra-judicial, summary or arbitrary executions, and Param Cumaraswamy, Special Rapporteur on the independence of judges and lawyers, said the overall state of affairs in Nigeria was serious enough that a specific country Rapporteur should be assigned by the Commission to monitor human rights there. They said they had cancelled a visit to Nigeria because the Government refused to guarantee them
access to detainees or to observe the standard terms of reference for fact-finding missions undertaken by Special Rapporteurs.
A delegate of Nigeria, in response, said that events in Nigeria had been deliberately misrepresented and exaggerated and that allegations of arbitrary detention, extra-judicial executions, torture and other abuses were unfounded.
Choong-Hyun Paik, Special Rapporteur on the situation of human rights in Afghanistan, told the Commission that the policies of the Taliban movement, which now controlled Kabul, the capital, had resulted in major violations of human rights, especially of women, who were prohibited from working or attending school, had to wear shroud-like clothing, and were reported to have been beaten severely with car antennas, chains, and water hoses for not complying with the Taliban dress code. There still was not sufficient will on the part of various fighting factions to reach a political solution to the country's 18-year-old internal conflict, he said.
A representative of Afghanistan said that since the Taliban movement had taken over Kabul in September 1996, a "veil of darkness" had descended over part of the country. He contended that the civil war in Afghanistan was not ethnic in nature but due to differing conceptions of religion, life, and freedom.
Carl-Johan Groth, Special Rapporteur on the situation of human rights in Cuba, said that after five years he still had not been allowed by the Government to visit the country. There had been no apparent improvements in the treatment of prisoners, he reported, nor in human rights as reflected by the Cuban legal system, although greater of freedom of association seemed possible recently.
A delegate of Cuba responded that the "brazen, interventionist" nature of Mr. Groth's report was unacceptable, and charged that the sources which had fed the document were totally devoid of credibility, all of them well-known as enemies of the Cuban Revolution.
And Elisabeth Rehn, Special Rapporteur on the situation of human rights in the former Yugoslavia, remarked that signs of reconciliation in the region existed, but that "centralized decision-making" made every attempt to foster it futile -- ordinary citizens could live together, but politicians could not. The international community must apply greater pressure now to advance human rights, she said, or it would be too late.
Her address elicited statements from an official of Croatia, who said decreases in crime showed an improving situation and contradicted the Special Rapporteur's claim that there was an enormous distance between the promises and the actions of the Government; and from a representative of Bosnia and
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Herzegovina, who remarked that the situation in the country was complex, a difficult transition was in process, and that to go along with vigorous will within the country to improve human rights, more international assistance was needed.
Delegates from the following countries addressed the meeting: Sri Lanka, Rwanda, Zaire, Burundi, Nigeria, Afghanistan, Cuba, Croatia, Bosnia and Herzegovina, Belarus, Netherlands (on behalf of the European Union), China, Egypt, Lebanon, and Nigeria.
And officials of the Democratic People's Republic of Korea and Algeria spoke in exercise of the right of reply.
Violations of Human Rights in Specific Countries
As the Commission continued its discussion of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories, it received reports on the situations in Equatorial Guinea, Nigeria, Cuba, Afghanistan and the former Yugoslavia.
The report from the Special Rapporteur on the situation of human rights in Equatorial Guinea, Alejandro Artucio (document E/CN.4/1997/54), recommends, among other things, that the Government accede to the Convention against Torture, improve the functioning of the judiciary, limit the jurisdiction of military courts to trying strictly military offenses committed by military personnel, transmit precise instructions to the "forces of order and security" in the country not to order or make arbitrary arrests and to respect the rights of individuals to security and freedom; that authorities "put an immediate end to all acts of torture"; and that impunity of those responsible for various human rights violations should be terminated. The document also states that the Government should be congratulated and encouraged for progress already achieved, but informed that the progress is so far insufficient.
The Commission was also presented with a report on the situation of human rights in Nigeria prepared by Bacre Waly N'diaye, Special Rapporteur on extrajudicial, summary or arbitrary executions, and Param Cumaraswamy, Special Rapporteur on the independence of judge and lawyers (document E/CN.4/1997/62). This report is divided into four chapters. Chapter 1 contains the terms of the reference of the of the respective mandates of the two Special Rapporteurs. Chapter 2 contains a summary of communications between the two Special Rapporteurs and the Government of Nigeria. Chapter 3 contains replies from the Government of Nigeria regarding allegations of extrajudicial, summary or arbitrary executions and allegations sent by the Special Rapporteur on the independence of judges and lawyers. The final chapter of the reports contains
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the preliminary observations of the Special Rapporteurs pending a planned visit to Nigeria, which did not take place as scheduled.
The report from the Special Rapporteur on the situation of human rights in Cuba, Carl-Johan Groth (document E/CN.4/1997/53), concludes, among other things, that "Cuba's economic free-fall, which was accelerated by the break-up of the Soviet Union and the disappearance of the socialist bloc, seems to have stopped. It is remarkable for country that suddenly lost one-third of its national product to experience an economic decline of this magnitude and survive politically. One conclusion that can be drawn is that the current regime enjoys greater credibility and can draw on greater stores of loyalty among broad segments of the population than many observers thought". The document also cites numerous human-rights violations and notes that "the continuation of human-rights violations during 1996 obliges the Special Rapporteur to reiterate to the Government of Cuba essentially the same recommendations as those in previous years".
The Commission considered a report by the Special Rapporteur on human rights in Afghanistan, Choong-Hyun Paik, (document E/CN.4/1997/59) in which he concluded that the Taliban did not appear to be genuinely interested in arriving at a negotiated political solution to the civil war in Afghanistan. They had shown little willingness to compromise, stating that the precondition for the cessation of hostilities was the acceptance of their version of Islam. A military solution aimed at conquering the totality of the territory appeared to be Taliban's chosen curse of action. The Special Rapporteur was gravely preoccupied by the implications that such an attitude might have for the overall situation of human rights in the country.
The report said that when talking to most Afghans, the Special Rapporteur did not have the impression that the Taliban government was universally welcomed by Afghans. There seemed to be considerable resentment towards them. The most serious problem regarding the protection of women's rights in regions under the control of the Taliban movement was the deprivation of the fundamental human rights to education and employment. The Special Rapporteur recommended that human dignity should be restored in Afghanistan. All Afghan parties should protect all human rights and fundamental freedoms, including the rights of women and children. Afghan authorities should also take measures to ensure the effective participation of women in civil society.
The report urged the United Nations to strengthen system-wide coordination in order to devise a strategy for the creation of an infrastructure to promote and protect human rights in Afghanistan and make it a permanent activity. The international community should also make efforts to educate persons in authority in Afghanistan about human rights, bearing in mind the local religion, tradition and customs. While the United Nations
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acknowledged the significance of local traditions, social norms and culture, those should not take precedence over a country's international obligations to uphold the basic human rights of its citizens, including women's rights to education and employment. A minimum, internationally accepted standard of human rights had to be respected in Afghanistan at all times.
There were also a number of reports from the Special Rapporteur on the situation in the former Yugoslavia, Elisabeth Rehn. A general report (document E/CN.4/1997/56) includes among its recommendations that all allegations of ill-treatment or torture, "of which some of the most serious come from Kosovo", should be promptly investigated by an impartial authority; that the Government of the federal Republic of Yugoslavia ensure that no persons are convicted on the basis of statements extracted by torture; that "the healing of society in the territory of the former Yugoslavia demands that alleged grave violations of humanitarian law be fully and fairly reviewed before the International Criminal Tribunal", and that the Special Rapporteur has been "deeply disappointed by the lack of cooperation of most Governmental authorities in the region with the Tribunal, and she calls on them to change these policies immediately"; and that greater attention and support be given to orphaned children, victims of rape, mentally handicapped residents of forgotten institutions, and others "suffering in silence who deserve the attention and assistance of the international community".
There was also a report from Mrs. Rehn on human rights and last autumn's elections in Bosnia and Herzegovina (document E/CN.4/1997/5). The Special Rapporteur visited Bosnia and Herzegovina from 26 to 28 June, 1996 and concluded that conditions there were not conducive to the democratic operation of the electoral process. In both entities of the country there were violations of the rights of freedom of association and assembly, and freedom of movement for campaigners and candidates, restrictions on freedom of expression and abuses of the media, and violent attacks on politicians and their supporters. Governments, local authorities and police forces continued to fail to take the necessary actions to counter these practices.
The Special Rapporteur found that the problems were most acute in the Republika Srpska. But there was also cause for concern over the entirely anti-democratic regime in areas controlled by Croatia.
A further report from the Special Rapporteur (document E/CN.4/1997/8) regarding minorities said that the terrible consequences of the war in Croatia placed an exceptional responsibility on the Government to take strong measures to promote the rights of Croatian Serbs. Despite measures taken by the Government to provide adequate security for Serbs remaining in the former Sectors, evidence of continuing abuses and lawlessness indicated that those measures were insufficient. The report said that the civil war in Croatia had caused indescribable suffering to Croatian citizens, Serbs and Croats alike.
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In order to reinforce peace between national groups, confidence-building measures should be undertaken with an emphasis on community life. Protection of minority rights was only one of the many human rights obligations of both the Federal Republic of Yugoslavia and the Republic of Croatia. Failure to resolve the problems faced by minority populations, notably the minority populations in the entities of Bosnia and Herzegovina, carried the threat of renewed conflict.
The Commission also received a report by Mrs. Rehn (document E/CN.4/1997/9) which noted that although the human rights situation in the Federal Republic of Yugoslavia had improved in several areas, reports of serious human rights violations persisted. The Government was urged to strengthen legal guarantees for human rights protection, and to create an effective independent mechanism to deal speedily and impartially with complaints of human rights violations. The report recommended the government facilitated the assimilation and naturalization of refugees. Authorities should also take effective steps to halt reportedly wide spread police abuses in Kosovo and to allow international and regional human rights monitoring organizations to establish a presence there. The Special Rapporteur noted that the policies of Croatia and the Federal Republic of Yugoslavia were of fundamental importance to developments in Bosnia and Herzegovina. There was a crucial need for education in human rights in the former Yugoslavia. The issues relating to the rights of the child and press freedom were also important.
ALEJANDRO ARTUCIO, Special Rapporteur on Equatorial Guinea, presenting his report, said there were no guarantees of the independence of the judiciary, and the right to defence was not respected in that country. Higher courts could not enforce their rulings without the interference of other State organs. He had found evidence of acts of torture and mistreatment of detainees.
Although there were no political prisoners in the country, there were grave and repeated violations of human rights, he continued. Political parties were harassed and some of their members had been deprived of their freedom for hours or days. Women played an inferior role in social and political affairs, although that situation was improving. A recent forum held in collaboration with the United Nations Educational, Social and Cultural Organization on the rights of children had increased awareness of that question. As for living conditions, 60 per cent of the population of Equatorial Guinea had no access to drinking water; there were high rates of unemployment and under-employment; and the sanitary situation was worrying. However, increased levels of crude petroleum production should lead to a significant boom and to much higher financial revenues.
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The Special Rapporteur recommended measures to ensure that the judiciary could act independently and for improved training for judges and lawyers. Legislation should be introduced to restrict the competence of military courts and all torture and ill-treatment should be halted, he added. In political life, the electoral register should be reviewed and regional political parties created.
BACRE WALY N'DIAYE, Special Rapporteur on extrajudicial, summary or arbitrary executions, said that although he and Param Cumaraswamy, Special Rapporteur on the independence of judges and lawyers, had repeatedly sought a fact-finding mission to Nigeria since November 1995, following the hangings of the writer Ken Saro-Wiwa and eight other Ogoni activists, they had been unable to carry out the visit. The visit had finally been approved at a late date, and then it had become obvious that the Government was reneging on its agreement to accept the standard terms of reference for fact-finding missions of Special Rapporteurs, and were reneging on other aspects of the agreement as well.
To carry out the mission under the conditions imposed by the Government at the eleventh hour would have adversely affected the integrity of the special-procedures mechanisms of the Commission and, worse, would have done a disservice to those Nigerians whom the Government had denied access to United Nations human-rights instruments, he went on. Among other things, the Government had stated that there was no agreement as to which detainees the Special Rapporteurs could meet; it also had asked for formal requests outlining precisely which detainees the Rapporteurs wished to question, and had said the requests would be "duly considered".
The Government maintained that it had fully cooperated with the Rapporteurs, but its refusal to guarantee access to detainees, as required by the terms of reference and by agreements reached, demonstrated otherwise, Mr. N'DIAYE said; acceptance of such a conditional invitation would violate the principles of non-selectivity and impartiality. If the standard minimum guarantees were to be ignored or compromised, the mission would be as flawed as the judicial process in which Ken Saro-Wiwa was sentenced to death. Meanwhile, he had received numerous allegations of deaths in prisons and places of detention, and therefore it was important that he meet detainees and prison officials under open circumstances; in addition, many detainees with whom he had requested meetings were at risk because of the harsh conditions in which they were held.
A general pattern had emerged that demonstrated three categories in which the majority of improper executions could be placed, the Special Rapporteur said -- those killed in police custody, those killed while attempting to avoid being stopped or arrested by police; and those killed when security forces indiscriminately fired upon demonstrators. Despite a large
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number of deaths occurring in these ways, it was rare for the police or security officials responsible to be prosecuted, and that had created an atmosphere of impunity.
PARAM CUMARASWAMY, Special Rapporteur on the independence of judges and lawyers, said that based upon information available, it appeared that the rule of law was on the verge of collapse in Nigeria; Government decrees had sounded a death knell for any form of constitutional order in the country, executive disobedience of court orders was allowed and an affront to the concept of accountability which was the essence of a democracy; it was impossible for an independent and impartial judiciary to exist as an institution in such an environment; death sentences had been passed by courts without fair-trial safeguards, and excessive use of force and firearms by law-enforcement officials in the course of their "duties" amounted to severe violations of international standards. In addition, poor conditions in prisons amounted to human-rights violations. The state of affairs in the country was serious enough that a specific country Rapporteur should be assigned to monitor the situation in Nigeria generally, Mr. CUMARASWAMY said.
AUWALU H. YADUDU (Nigeria) said his country had transparently cooperated with specific human-rights mechanisms. A fact-finding mission sent by the Secretary-General in March 1996 had been given unfettered access to places and groups throughout the country. Its recommendations had discounted the option of imposing any form of sanctions on Nigeria as being counter-productive and unhelpful. They had also praised the Head of State, General Sani Abacha, for his implementation of the transition programme. The fact-finding mission had also recommended the adoption of certain steps, like the review of the Civil Disturbances Decree; the suspension of the trial of persons currently before the Special Tribunals; the taking of measures to ensure that persons standing trial before such tribunals were guaranteed a fair trial and their conviction and sentences were made subject to appeals; and the release of political detainees. The Nigerian Government had responded positively to various aspects of the recommendations. It had also held fruitful dialogues with other human-rights groups, including that of the Commonwealth.
The two thematic Special Rapporteurs who had scheduled a visit to Nigeria had abruptly cancelled their trip, he said. The Rapporteurs had thus presented their report to the Commission without the benefit of having visited Nigeria or having conferred with national authorities. The decision by the thematic Rapporteurs had been taken in reaction to a newspaper report that the Nigerian Government had not yet received a request from the Rapporteurs as to which specific detainees they would meet. It was a matter of serious concern that events in Nigeria had been deliberately misrepresented and exaggerated. Concern had been expressed in certain quarters on the recent arraignment of some persons suspected of involvement in the recent spate of bombings in parts of the country. Those cowardly terrorist acts had resulted in deaths and
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destruction of property. Allegations of arbitrary detention; extra-judicial, summary or arbitrary executions; and torture and other inhuman, degrading treatment or punishment were unfounded. The international community should support Nigeria's efforts in stemming the tide of terrorism in the body politic. The scourge of terrorism had reared its ugly head in Nigeria. The country hoped the Commission would adopt a clear policy statement condemning the incidence of terrorism in Nigeria.
CHOONG-HYUN PAIK, Special Rapporteur on the situation of human rights in Afghanistan, said that currently there were some three to four front lines in various parts of Afghanistan, as the long-running conflict in the country continued; there could be no military solution to the matter, but the parties had not shown sufficient will to reach a political solution; more waves of refugees had been created by recent fighting, some into the capital of Kabul, others into neighbouring Pakistan. Some 1.4 million refugees remained in Iran. Although peace and security prevailed in the greater part of the country, the volatility of the situation had led to a general economic collapse necessitating extensive international food aid, among other assistance.
The policies of the Taliban movement in Kandahar and Herat, and since its takeover of Kabul, amounted to major violations of human rights, especially of women, Mr. PAIK said; they were prohibited from working or attending school, had to wear shroud-like clothing, could not go to women's bathhouses, with adverse effects on hygiene, and were reported to have been beaten severely, including with car antennas, chains, and water hoses, for not complying with the dress code.
The absence of central Government and imposition in its place of justice by Islamic Sharia courts was believed not to conform to international standards, Mr. PAIK said; capital punishment and extra-judicial killings were reported to have taken place, most notably that of former President Najibullah and his brother in September 1996. In another case a women had been stoned to death for adultery.
Nonetheless, crime and corruption reportedly had declined considerably under Taliban control, the Special Rapporteur said -- a welcome development considering that after 18 years of war, looting, rape, extortion, and murder had been frequent offenses.
An open dialogue, cooperation, and consultations should be established with public authorities in Afghanistan to arrive at a common understanding of at least a minimum level of human rights standards and humanitarian law, Mr. PAIK said.
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HUMAYUN TANDAR (Afghanistan) said that, this year, his country figured in a number of reports submitted to the Commission. The most complete of these reports was that of Professor Paik, Special Rapporteur on human rights in Afghanistan. It was a report which related tragedies and one which merited a close reading. In the past two years, a politico-religious movement known as the Taliban had taken over territory, including Kabul in September 1996. Since that time a veil of darkness had descended over a part of the country. Girls were not allowed to be educated and women could no longer work; more than 400 women had been beaten with chains in the streets of Kabul. All professional associations have been banned and independent newspapers have stopped appearing. The conflict in Afghanistan was not ethnic in nature; rather, it was due to differing conceptions of issues such as religion, life, humanity and freedom.
CARL-JOHAN GROTH, Special Rapporteur on the situation of human rights in Cuba, said that although this was the fifth time he was addressing the Commission on this issue, he had still not been allowed to visit the country. The situation in Cuba would improve considerably if the authorities respected their own laws, including the Constitution. In the past year, there had been a change in the methods of repression: rather than bringing people to court and giving them heavy prison sentences, actions against dissident groups had mainly consisted of intensive harassment by members of the security forces, threats, and intimidating visits to the homes of political activists. Thirty-eight persons had been subjected to this kind of treatment in the first three months of this year. No news of improvements in the treatment of prisoners had been recorded, and no changes leading to an improvement of the enjoyment of human rights had been introduced into the Cuban legal system. Developments in the Cuban labour market and their effect on such rights as that of freedom of association had been included in his report.
CARLOS AMAT FORES (Cuba) said the brazen, interventionist nature of the Special Rapporteur's report on human rights in Cuba was unacceptable. The sources which had fed this document were totally devoid of credibility, all of them being well-known as avowed enemies of the Cuban Revolution. The Special Rapporteur had become the spokesperson for the most retrograde, unpatriotic circles of the Cuban emigre community living in the United States. It was because of all these elements that Cuba could not cooperate with the Special Rapporteur in the fulfilment of his mandate. Cuba refused to become an accomplice to this travesty, and would never surrender its sovereignty to a foreign power, no matter how powerful it might be. Cuba denounced the unjust selectivity, politization and discriminatory nature of the report, traits which were clearly visible every year. The United States had not hesitated to resort to open blackmail against a number of Governments and to put strong pressure on its ideological allies.
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Mr. AMAT FORES said that Cuba, despite the situation of economic hardship it faced, was a viable alternative to wild neo-liberalism. Its people had a thorough public health system, education, and the necessary basis for the full enjoyment of freedom and dignity. No country in the world could tolerate the existence of organized groups whose declared purpose was no other than the destruction of the legally-established political system, and much less groups promoted and financed by an avowed foreign enemy.
ELIZABETH REHN, Special Rapporteur on the situation of human rights in the territory of the former Yugoslavia, said that, in the Federal Republic of Yugoslavia, the increasing political and inter-ethnic tensions in Kosovo were a source of concern. Recent violent attacks against the local Serb authorities and others were unacceptable and must be condemned. The same was also true of the excessive use of force used by the Serbian police against ethnic Albanians when carrying out arrests; and of incidents of severe torture and mistreatment inflicted on detainees in police custody.
Turning to the situation in Croatia, the Special Rapporteur said the return of Eastern Slavonia to that country after the forthcoming elections had caused fear among the population in the region. This situation required a rapid decision regarding the international post-United Nations Transitional Authority in Eastern Slavonia, Baranja and Western Sirmium (UNTAES) arrangement. The Croatian Government needed to make a strong commitment to ensure that residents believed in the region's future. In Bosnia and Herzegovina, meanwhile, the most frequent human rights abuses were still based on ethnic, religious or political grounds. Violations included restrictions on freedom of movement; arbitrary detention; deprivation of the right to return; deprivation of the right to property; and restriction on freedom of expression and the media. The international community has only been able to deal with the symptoms and not the causes of violations. The process of ethnic cleansing was still occurring in Bosnia and such acts were not the "spontaneous actions of undisciplined actors". Improvements to the current situation could be achieved by measures such as the arrest of indicted war criminals; the strict application of the conditionality principle for anything other than humanitarian aid; and stronger support to build civil society. The effects of war needed to be reduced and de-mining was a top priority.
Signs of the ongoing reconciliation process existed, but centralized decision-making made every attempt futile, she continued. Ordinary citizens could live together, but politicians could not. There was a clear momentum at the present time and pressure needed to apply right now before it was too late. All that had been achieved could be lost if the present chance to build a foundation for democracy and respect for human rights was missed.
DARKO BEKIC (Croatia) said six years after the aggression on Croatia, the Government awaited the re-integration of the last part of its territory
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under United Nations control. There were to be elections there and in other parts of Croatia in April. Croatia had opened 24 regional offices to issue citizenship documents to ensure free and open elections. Croatia estimated that around 88,000 Serbs and 22,000 non-Serbs lived in the Danube region, and only 230 applications for such documents had been denied. Furthermore, a general amnesty would cover all except those who had carried out war crimes. To ensure effective reintegration, Croatia had also provided work opportunities for Serbs in the region. He did not agree with the conclusion of the Special Rapporteur that there was an enormous distance between the promises and the actions of Zagreb. The situation in the regions already integrated had stabilized, and any isolated an individual cases did not represent the feelings of the population at large. Almost 58 percent of Serbs who had asked to return had been approved. The return of the Serbs who wished to do so would be gradual, parallel to the development of confidence measures which would lead to more mutual tolerance and understanding, and to the pace of economic reconstruction. A great deal remained to be done to rebuild the devastated areas in Croatia but the Government had initiated several projects in this direction.
ZELJKO JERKIC (Bosnia and Herzegovina) said the Special Rapporteur had accurately identified the substance of the problems involving human rights in Bosnia and Herzegovina; it bore pointing out that the situation in the country was complex and a difficult transition was in process; to go along with the vigorous will within the country to improve and respect human rights, more international assistance was needed. The Government hoped that the Commission's resolution would reflect the true situation and so help the Government and also the Special Rapporteur in carrying out her tasks.
Other Statements in Debate
BERNARD A. B. GOONETILLEKE (Sri Lanka) said his country, along with others, had made a statement on the importance of reorganization of work of the Commission. It had been Sri Lanka's expectation that these statements and suggestions would be discussed in a suitable manner. But four weeks had passed since the beginning of the session and no steps had been taken to do so. While the United Nations was going through extensive reorganization, it was incumbent on the Commission to follow suit. Several Ambassadors had highlighted issues to be dealt with, like documentation, restructuring of the agenda, the number and size of resolutions and the streamlining of the participation of NGOs. In this connection, Sri Lanka was concerned about the speech by Rev. S. Emmanuel, who had taken the floor on behalf of the NGO International Peace Bureau although he was not accredited to it. This incident was another manifestation of procedural problems pertaining to NGO participation in the Commission. Sri Lanka urged the Chairman to take positive, urgent steps with a view to addressing these problems before the end
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of the current session. Sri Lanka preferred an open-ended mechanism to facilitate further discussion on this issue.
EUGENE-RICHARD GASANA (Rwanda) said the people of Rwanda had marked the third anniversary of the genocide this year. The perpetrators of the genocide were still running free. The International Criminal Tribunal for Rwanda has experienced management difficulties and had not been able to efficiently fulfil its mandate. The country was now engaged in a national reconciliation process, but the courts lacked the human and material resources necessary to bring to trial all those charged with crimes against humanity. The right to defence of these indicted persons was assured and trials held so far had been fair. The judiciary in Rwanda was impartial and the media enjoyed the freedom of expression. Moreover, returning refugees were able to recover their property, and a housing fund had been created.The upsurge of criminality in the country was related to the return of certain refugees who had sought to destabilize the country.
The delegate said the recent death of five human rights observers was a deplorable event. He called on the international community to provide assistance to those Rwandan refugees still in Zaire. Rwanda was not opposed to the convening of an international conference on the Great Lakes region, but the countries of the region wished to set the agenda for such a meeting.
GODEFROID MARUME MULUME (Zaire) said the Special Rapporteur's remarks had given an impression that Zaire was only a jungle or a hell which had no civilization. Such a view was excessive. Zaire continued, for example, to take in Rwandan and Burundian refugees -- they numbered some 2 million now. It was astonishing to observe the Special Rapporteur carrying out three missions to Zaire, and going essentially everywhere he wanted except to one rebel-occupied region, and then saying he had received no cooperation from the Government.
As for lack of progress in human rights alleged by the Special Rapporteur, he said Zaire wished to point out that the political and economic situation was very difficult, and hindered full enjoyment of many rights. Nevertheless, no one could deny that for seven years now, despite difficulties, a degree of progress had been made in such areas as freedom of expression, opinion, and association; many publications and newspapers of all political stamps had appeared, for example. Human-rights organizations working in Zaire could confirm that national television and radio had opened the airwaves to points of view not shared by the Government.After 30 years of single-party rule, it was hard to switch back to plurality of opinion and wide political tolerance. The country was undergoing a period of apprenticeship in democracy; but slow, sure progress towards democracy was in fact being made.
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CHRISTINE RUHAZA, Minister for Human Rights of Burundi, said she wanted to clarify some elements in the report of the Special Rapporteur on human rights in her country. It was highly regrettable that the report was in part based on compilations from other people and did not reflect reality but partisan views. Certainly, Burundi needed help, but it did not need reports which led to confusion. Burundi recognized that at times there were shortcomings on the part of the police and the army, which the Government punished. The Special Rapporteur's attitude was unacceptable; his role was not to add oil to the fire, but to report objectively on the situation and offer solutions.
The Special Rapporteur denigrated measures taken by the Government to protect the population, she continued. With regards to the grouping of the population, this was necessary to protect the population from violations and terrorist militias. This grouping was a temporary measure that did not contradict international law. Burundi was outraged by the Special Rapporteur's call for international humanitarian assistance be stopped to people in distress. The transitional Government had established a National Assembly and set goals to restore State authority and effect an economic recovery; indeed, well-intended officials had visited Burundi and praised progress the Government had made. But the illegal embargo on Burundi was a major obstacle to achieving peace and security.
RENE DEGNI-SEGUI, Special Rapporteur on the situation in Rwanda, said the remarks of the Rwandan delegation regarding the independence of the judiciary in the country was in contradiction with reported instances of judges being sanctioned for releasing detainees against Government instructions. Regarding the convening of a regional and international conference on the Great Lakes region, his proposal was not simplistic, but rather part of a comprehensive approach. He was gratified that the Government of Rwanda had taken note of his report and that it envisaged measures to change some practices that infringed human rights. The situation in Rwanda called for justice to be rendered -- those responsible for the genocide must be punished. However, justice should be fair and seen to be fair.
ROBERTO GARRETON, Special Rapporteur on Zaire, responding to Government remarks, said it was true, once he was able to go to Zaire, that he was able to travel freely, but when he asked for permission to make another visit to Zaire, he was denied the request; he also did not receive cooperation in the case of numerous requests to the Government for information. He saw no other developments towards democracy other than establishment of an election commission. On the other hand, he knew of a human-rights organization member who had asked for information on the situation in the east of the country, and because of that was held in prison in Kinshasa for a week -- because of such occurrences, he had to say that freedom of expression was not allowed in Zaire. The country, in his opinion, must not wait but carry out democratic
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and human-rights reforms immediately; further, domestic legislation on rights to nationality and citizenship must be brought quickly up to par with international standards.
PAULO SERGIO PINHEIRO, Special Rapporteur on Burundi, said Burundi's Minister had called his report partisan, but she had to recognize that he had criticized the harmful effects of the blockade. He was objective and had no preconceived ideas about Burundi; if he was biased it was in favour of the victims. Those victims could expect a new escalation of the conflict in Burundi, although he hoped a dialogue would start between the Government and the rebels. He had not asked the international community to suspend humanitarian aid; to say that was to make a biased reading of what he had said.
STANISLAU AGURTSOU (Belarus) said human rights and fundamental freedoms must be observed by all countries in the world. No country, including his own, could state that it fully observed these rights. The way to achieve full respect for and adherence to human rights was not only a political question: it also involved economic, social and cultural rights. Belarus had made great efforts to construct a state of law and democracy, necessary for the enjoyment of human rights. The 1994 Constitution, supported by 70 per cent of the population, enshrined principles such as the right to life, integrity of the human person and freedom of belief. Laws covering the rights of the individual, of minorities, of refugees, of the press and of the media had been promulgated. There were 873 periodicals published in the country, 80 per cent of which were non governmental. There were no social or religious conflicts, which was unique in the post-Soviet States. A union treaty between Belarus and the Russian Federation, to be signed by the leaders of these countries in the near future, would be based on the principle of one State, one vote. Closer integration between these two States would not imply a loss of sovereignty.
PETER VAN WULFFTEN PALTHE (Netherlands), speaking on behalf of the European Union and associated States, said that individuals had to be able to hold their Government accountable on human rights. Human rights were also a legitimate concern of the international community. It was crucial that States collaborate with the international mechanisms they helped establish and that they provide them access and information. Respect for human rights and fundamental freedoms were at the core of the European Union, whose members did not tolerate activities in their territories that infringed upon the full enjoyment of human rights. For instance, the Union would step up its efforts to combat racism, xenophobia and intolerance; 1997 had been designated European Year against Racism. The European Union's commitment to human rights was a vital element of its approach to international relations. It was willing to cooperate with other countries in order to ensure respect for human rights. But, based on the legitimacy of international concern of the
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international community regarding human rights, it was also willing to speak out on violations if necessary, as Governments had to be held accountable for the implementation of and respect for human rights.
Mr. PALTHE said the Union was very concerned about continuing massive human-rights violations in the Great Lakes region, Burundi, Rwanda and Eastern Zaire. There were continued reports of killings, massacres, extrajudicial execution, arbitrary arrest, torture, detention without trial and of life threatening conditions of refugees forces to return. Those who committed violations had to be held accountable. The Union also remained concerned about the human-rights situations in the countries which emanated from the former Yugoslavia. It urged all parties to make convincing efforts to improve the human-rights situation, keeping in mind that that was an important element in the further development of their relations with the Union.
Mr. PALTHE said the Union was concerned about persistent serious human-rights violations in Afghanistan, Sudan and Somalia. The Union was also concerned with the plight of refugees from Bhutan in camps in Nepal and with the situation in Algeria. With respect to the latter, the Union condemned attacks against the civilian population and encouraged the Government to work towards further developing the democratic process. The Union welcomed recent developments in the peace processes in Angola, Liberia and Guatemala, as well as growing political stability in Kashmir, where violations were nevertheless continuing. Regarding Chechnya, the Union welcomed the peace agreement of August 1996 and called on the authorities to fully respect human rights and humanitarian law. It also welcomed the departure of mercenaries from Papua New Guinea and hoped that the Government would take the opportunity to renew the search for a negotiated settlement on Bougainville. As for the situation in Cyprus, the Union fully supported the mission of good offices of the Secretary-General of the United Nations and called for all parties to step up efforts to move towards a comprehensive settlement.
Mr. PALTHE said that although there had been a record number of elections in 1996, there were still States where the democratic process was non - or only partly existent. China was among these countries. Some of the major concerns of the Union related to China's excessive use of the death penalty and its system of reeducation through labour. Also of serious concern were the situations in the Democratic People's Republic of Korea, Saudi Arabia, Syria, Niger and Chad. With respect to Cuba, the Union called on the Government to cease harassing human-rights groups and enter into a dialogue with their representatives. In Turkey, the situation continued to be of great concern, especially in relation to the incidence of torture, involuntary disappearance and extrajudicial execution. Furthermore, the Union remained with the situations in Indonesia, Equatorial Guinea, Colombia, Peru, Sri Lanka, Belarus and Kenya. Finally, the Union was concerned by indications that China intended to weaken the legal protection of civil liberties in Hong
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Kong after 1 July 1997, date when the territory reverted to Chinese sovereignty.
WU JIANMIN (China) said that although the item on country-specific situations had been a hot issue at the Commission, hopes it could promote human rights around the world had been shattered by harsh realities. The item had become the most politicized and confrontational issue, a fact that deeply disturbed many developing countries. After the end of the cold war, the East-West confrontation at the Commission had been replaced with the North-South conflict. Since 1992, the Commission had adopted 72 country resolutions, almost all of them directed at the developing countries. The majority of the developed countries did not have a decent human-rights record in history; Western countries had an inescapable responsibility for the human-rights problems the world faced today. A large number of developing countries were fed up with the atmosphere of confrontation and politicization at the Commission. The Commission had squandered a great deal of time, resources and energy on the North-South confrontation; it was high time to put an end to this situation. China urged the Commission to encourage cooperation and reject confrontation. Only when the principles of sovereign equality and mutual respect were sincerely adhered to and dialogue and cooperation encouraged could the Commission make great achievements in promoting the human rights cause.
MOUNIR ZAHRAN (Egypt) said Egypt was extremely worried about Israel's continued violation of human rights in southern Lebanon and the Bekaa Valley. Israel should implement United Nations resolutions and withdraw from south Lebanon. Egypt supported the continuation of efforts to reach a peaceful settlement and a just and comprehensive peace to the Middle East based on the principle of land-for-peace. With respect to the former Yugoslavia, Egypt hoped the implementation of the Dayton agreement would end the horrifying tragedy of genocide in Bosnia and Herzegovina. The regional safety of Bosnia and Herzegovina had to be ensured and attempts to divide it strongly rejected. Bosnia and Herzegovina also needed help to rebuild its national army so it could face any external threat after international troops left. Furthermore, all countries should cooperate to bring to trial those responsible for war crimes in the former Yugoslavia. Egypt was also seriously concerned about the continued deterioration of political, social, economic and humanitarian conditions in the Great Lakes region of Africa. After the humanitarian tragedies in Rwanda and Burundi, a new armed conflict was developing in eastern Zaire. Egypt supported African proposals to resolve the situation. It also stressed its total commitment to the territorial integrity of Zaire. It was important to hold an international conference on peace and stability in the Great Lakes region under the auspices of the United Nations and the Organization of African Unity.
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AMINE EL KHAZEN (Lebanon) said the situation in the south of the country and Western Bekaa deserved special attention in view of continued Israeli occupation of parts of those areas since 1978; Israel persisted in rendering all occupied and adjacent areas into killing fields; bombardment and air raids had killed thousands of civilians, including elderly persons, children, and women, and had caused displacement of thousands of families. Israel also used weapons against densely populated villages, schools, and hospitals, an example of which was the attack on the headquarters of the Fiji unit from the United Nations Interim Force in Lebanon in 1996, killing 120; Israeli detention camps in occupied Lebanon were used for hundreds of Lebanese forcibly detained for no other crime than their refusal to submit to the will of the occupation forces. Lebanon had always reiterated its readiness to impose law and order in the south of the country as soon as Israel withdrew in response to resolution 425; it considered human rights and security two inseparable issues, and had affirmed its acceptance of the goals of the Madrid Conference to establish a just and lasting peace in the region based on the land-for-peace principle. The international community, through the Commission, must call on Israel to withdraw its troops from Lebanon and desist at once from its current aggression and belligerence.
Right of Reply
PAK DOK HUN (Democratic People's Republic of Korea) said his delegation categorically denied the remarks made by the representative of the European Union about his country. The statement had been based on misinformation provided by hostile elements. Allegations did not correspond to the reality in Korea. The European Union had started including Korea in its list in 1993 when it began a campaign against it connected to the issue of nuclear capability. The stereotypical accusations had continued this year despite Korea's clarification of what the European Union had earlier misunderstood. The European Union should give up thinking they could provoke changes, as only the Korean people had the right to do this. The harder the European Union tried, the stronger Korea's convictions would be.
MOHAMED-SALEH DEMBRI (Algeria) said the remarks of the European Union in reference to Algeria deserved a response: all electoral processes, presidential, legislative, and local, had been the result of the will of the Algerian people, and the elections carried out to date had been held under the international observation of the United Nations, the Organization of African Unity and the Arab League. Algeria would continue in an orderly fashion to build democracy and a state of law, concerned as it was with preserving and defending individual freedoms. Only 40 years ago, over a million Algerians had fought for those freedoms, and for freedom for foreign domination. Terrorism was a global threat to peace and stability, and terrorism based on religious extremism was a threat in Algeria; European countries still constituted the logistical base for terrorists operating in Algeria. They should stop tolerating such activities within their borders.
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