VICE-PRIME MINISTER OF EQUATORIAL GUINEA TELLS OF 'APPRENTICESHIP' IN DEMOCRACY, HUMAN RIGHTS
Press Release
HR/CN/803
VICE-PRIME MINISTER OF EQUATORIAL GUINEA TELLS OF 'APPRENTICESHIP' IN DEMOCRACY, HUMAN RIGHTS
19970416 Commission on Human Rights Defers Decision on Holding Of Proposed Seminar on Income Distribution; Science and Technology Discussed(Reissued as received.)
GENEVA, 15 April (UN Information Service) -- Equatorial Guinea was carrying out a successful "apprenticeship" in democracy and human rights, the country's Vice Prime Minister said this morning. Francisco-Javier Ngomo Mbengono told the Commission on Human Rights that the Government had cooperated fully with a Special Rapporteur appointed by the Commission and requested renewal of the Rapporteur's mandate, to be followed by appointment of a human-rights advisor to the country.
Mr. Mbengono went on to describe legal and Constitutional reforms, elections held, and systems for cooperation and discussion between the Government and political parties, and claimed that some inaccurate comments by others about the situation in the country had led the Special Rapporteur himself to refute them.
The Commission also began action on a series of draft resolutions and decisions, deciding to defer a decision on the question of the holding of an expert seminar to develop indicators on the issue human rights and income distribution; the seminar had been requested by the Commission's principal subsidiary body, the Subcommission on Prevention of Discrimination and Protection of Minorities.
Among the remarks during brief consideration of the topic of the effects of science and technology on human rights were claims by Iraq that depleted-uranium weapons used against the country during the Gulf War had caused the deaths of 50,000 Iraqi children from "unknown diseases" during the first six months of 1991.
Earlier, the Commission concluded debate on a proposed declaration to protect "human rights defenders". A series of speakers lamented that a working group charged with developing the declaration was still, after 12
years, a long way from reaching consensus. Several non-governmental organizations addressing the topic gave the names of human-rights advocates killed over the past year in Colombia.
Speaking at the session were delegates or observers of Chile, Norway, Switzerland, Australia, the United Nations Educational, Scientific, and Cultural Organization (UNESCO), and Iraq.
Also delivering statements were representatives of the following non-governmental organizations (NGOs): International Federation of Human Rights; World Organization Against Torture; France Libertés - Fondation Danielle Mitterrand; Women's International Democratic Federation; Latin American Federation of Associations of Relatives of Disappeared Detainees; World Federation of United Nations Associations; and United Towns Agency for North-South Cooperation.
And officials of Cuba and Malaysia spoke in exercise of the right of reply.
The Commission will reconvene at 3 p.m. and at an extended meeting will consider draft resolutions tabled under several agenda items, including that on the question of human-rights violations anywhere in the world.
Statement by Vice Prime Minister of Equatorial Guinea
FRANCISCO-JAVIER NGOMO MBENGONO, Vice Prime Minister of Equatorial Guinea, said human rights was one of the priorities of the country's domestic and international policies, and the country had cooperated willingly with the Special Rapporteur appointed for Equatorial Guinea by the Commission. There had been progress in the treatment of prisoners; there were no political prisoners; democratic reforms had advanced with the holding of a series of elections. All political parties were participating in a continuing dialogue on economic, political, and social development; a round of talks was now under way on adjustments to the national covenant on relations between the Government and political parties. A Constitution and democratic laws had been voted through which incorporated greater respect for human rights, including a measure on habeas corpus.
Development was important and inseparable from other human rights, the Vice Prime Minister said, and the country had recently enjoyed a measure of economic success, including in the petroleum and forestry sectors. Developing a culture of democracy took time and required a kind of "apprenticeship", and Equatorial Guinea had carried out such an apprenticeship with great success.
Some persons had made "incorrect" comments about the situation in the country, prompting the Special Rapporteur himself to issues corrections to those statements, Mr. MBENGONO said. The Government requested extension of
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the mandate of the Special Rapporteur, followed by appointment of a human-rights advisor; it also felt it was time to consider the situation of Equatorial Guinea under the "advisory services" item on the Commission's agenda, he said. The apprenticeship in human rights of the country was being carried out in a spirit of peace and concord.
Draft Decision on Income Distribution
In an amended decision on human rights and income distribution, the Commission decided to defer a decision on the request of the Subcommission on Prevention of Discrimination and Protection of Minorities to the Economic and Social Council with the aim that the Secretary-General organize a seminar of experts to develop appropriate indicators, as provided for in the Programme of Action of the World Summit for Social Development, and to monitor the implementation of the commitments made by Governments as set out in the Programme of Action, with a view to deciding whether the activity should be held under the Commission for Social Development or the Commission on Human Rights.
Human Rights and Scientific and Technological Developments
The Commission took up this morning a report from the Secretary-General on human rights and bioethics (document E/CN.4/1997/66). At its fifty-first session, the Commission, aware of the rapid development of the life sciences and the dangers that certain practices may pose to the integrity and dignity of the individual and seeking to ensure that scientific progress benefits individuals and develops in a manner respectful of fundamental human rights, invited Governments, the specialized agencies and other organizations of the United Nations system and other intergovernmental and non-governmental organizations to inform the Secretary-General of activities being carried out to ensure that the life sciences develop in a manner respectful of human rights and beneficial to humanity as a whole. Replies were received from the Governments of Austria, Chad, Germany, the Holy See, Jordan, Latvia, Malta, Mauritius, Tunisia and Uruguay. A reply was also received from the United Nations Population Fund, as well as from the Council for International Organizations of Medical Sciences and the Institute of Health Law of the University of Neuchâtel, Switzerland.
The report acknowledges that, given the replies received, it only partly answers the fundamental questions of how far States and individuals benefit from advances in medicine and biology. The document does demonstrate that legislation re-enforcing certain ethical principles has been introduced by an increasing number of States which also have established relevant machinery for the implementation of legal rules and giving effect to ethical standards.
The Commission also received a report of the Secretary-General on the follow-up to the guidelines for the regulation of computerized personal data
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files (document E/CN.4/1997/67). It contains information on the application of the guidelines within the United Nations system as well as replies from Member States on how they are applied in their countries.
Statements
JAN HELGESEN, Chairman-Rapporteur of the working group on the draft declaration on the right and responsibility of individuals, groups and society to promote and protect universally recognized human rights and fundamental freedoms -- the draft declaration on human-rights defenders --, said it was a privilege to address the Commission but less of a privilege to have to inform it that the working group had at its last session been unable to adopt a single provision, in a situation very similar to last year's. There was one difference this year, however. At the last session, the group had had time, but it had run out of political will to complete the draft. In 1997, the working group possessed the requisite political will, but it had run out of time. Therefore, there was reason for optimism. He had presented a consolidate and refined text in the form of a working paper for consideration by the working group, and communicated with States and governmental and non-governmental organizations. In its five days of meetings, the group had made considerable progress and was very close to establish consensus on all four remaining sensitive issues, namely how to address the right to attend and observe court proceedings; the financing of those who defended human rights and fundamental freedoms; the reference to domestic legislation, and the question of "duties towards society".
The adoption of the declaration by consensus required a genuine will to compromise, and this applied to the Chairman-Rapporteur, he continued. However, there were limits to compromise. The Chairman-Rapporteur would not be in a position to contribute to a text which in retrospect would seem like a setback compared to previous positions.
ALEJANDRO SALINAS RIVERA (Chile) said protection for human-rights defenders obviously deserved the Commission's attention and concern; the difficulties encountered in finalizing the relevant declaration was a great concern -- it was no surprise that even the title was a matter of contention. Chile hoped the efforts at the most recent meeting of the working group would augur well for the future; however, it was hard to feel optimistic, as remaining differences on much of the language was profound. It was important not to sacrifice matters of principle without which the declaration would have no real value. It also would be a shame if the working group were to disband without reaching its goal; failure of the group would give a highly negative political signal, and, worse, leave human-rights defenders around the world in an even more vulnerable position. Such people deserved much better from the Commission.
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TORA FAESTE (Norway) said human rights must not be only pretty words, but operative rights which were effectively ensured by States. To prevent violations of those rights, all States must be reminded of the international obligations to which they were committed. To this end, human-rights defenders were indispensable, as they acted as spokesmen vis-à-vis States for the protection of human rights, as well as informing individuals about the human rights to which they were entitled. However, human-rights defenders, whether lawyers, journalists, trade-union leaders or activists, were often placed in situations of great personal risk in their struggle to promote the respect for human rights and fundamental freedoms. A strong instrument was needed to protect those people. The draft declaration currently being elaborated by a working group to clarify and reinforce rights would serve as a charter for human-rights defenders all over the world.
DOMINIQUE POTTER, observer for Switzerland, said she commended the work of NGOs who, day after day, reported on human-rights violations in different parts of the world and who, very often, paid a high price for this advocacy. Their role was not limited to reporting violations: they also disseminated information on human rights and fundamental freedoms. The project of elaborating a declaration on the rights and responsibility of individuals, groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms was now in its twelfth year. Her country, along with a number of others, considered that the text elaborated in the working group was acceptable in its present format, but four important questions needed to be dealt with: the right to participate and observe court proceedings; the issue of domestic legislation; the subject of duties and responsibilities, and the financing of human-rights defenders. It was hoped that, in 1998, the working group would be able to conclude the elaboration of the declaration; Switzerland called on the small number of States that opposed aspects of the draft declaration to drop their opposition and allow a consensus to be reached. CRISPIN CONROY (Australia) said Australia was disappointed that the working group had not been able to complete its work on the draft declaration on the basis of the consolidated and refined text proposed by its Chairman. The objective of the working group was to produce a document that provided protection for human-rights defenders, including national institutions, that underlined the legitimacy of their work and that allowed them to perform their invaluable work with regard to human-rights education, assistance to victims of human-rights abuses and the raising of public awareness on a variety of issues. The text of the draft declaration submitted to the Commission was a compromise text, and as with all compromise texts, no delegation could be entirely happy with it. Nonetheless, Australia was willing to support the consolidated text, in a spirit of compromise and cooperation, as a fair and balanced attempt to take all the interests of the delegations into account. Australia would accept the consolidated text once the four outstanding issues were resolved, which would allow human-rights defenders to effectively carry out their operation in the field.
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ARTURO CARRILLO SUAREZ, of the International Federation of Human Rights, speaking on behalf of 16 non-governmental organizations, said the Special Rapporteur on extrajudicial and summary executions had said that human-rights defenders were victims of threats of death. For 12 years, the Commission had tried to conclude a declaration for human-rights defenders, which was crucial for all who worked on the field in dangerous conditions. The declaration did not create new rights for a new category of persons. It merely took into account and reaffirmed the rights already recognized for all in the Universal Declaration of Human Rights. The working group had been unable to present a text based on consensus, although members had shown increased political will and a more constructive approach. A consolidated text constituted a very strict minimum. The Commission should renew the mandate of the working group and provide it with a longer session so that it could provide a final text at the next session. The Commission should also pass a resolution that included establishing a mechanism to investigate the situation of human-rights defenders.
ERIC SOTTAS, of the World Organization against Torture, said that, at the fifty-second session of the Commission, his organization presented a compilation of urgent communications in favour of human rights defenders in the period 1992-1996. This document showed that serious violations had been committed against several hundred human-rights defenders in some 49 countries. A second recently-published report contained information or observations received by States, national and international institutions and NGOs commenting the contents of last year's report. Thirty States had not judged it necessary to respond to requests for further clarifications. The Commission should take all measures to ensure that other human-rights defenders did not meet the same fate as Josué Giraldo Cardona, who had addressed the Commission last year on the crisis in Colombia. The fact that Colombian General Rodolfo Herrera Luna had accused human-rights defenders in his country of being messengers for the guerrillas had probably played a role in his killing by paramilitary groups.
MIGUEL PUERTO, of France Libertés - Fondation Danielle Mitterrand, said a number of States in the working group on the declaration on the rights of human-rights defenders had raised obstacles to progress, and that was regrettable; however, it was important in efforts to reach consensus not to gut the meaning and power of the declaration. The declaration had a purpose; just a year ago, for example, Josué Giraldo Cardona, President of the Committee of Human Rights of Meta, had been assassinated on 13 October. He had participated in meetings of the Commission as a member of the delegation of a Colombian NGO; his name should hold a permanent place in the memory of the Commission. Others had paid the ultimate price as well for defending human rights in Colombia, including Victor Julio Garzón, who had been killed in his office in Bogotá in march; he had been a defender of the rights of agricultural workers. Colombia was among the worst of countries when it came to dangers for those advocating human rights; such people were stigmatized,
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killed, or driven into exile. Others had their honour and reputations slandered, or were charged with irrelevant criminal offenses. It for reasons such as this that a declaration protecting human rights defenders was needed.
AIDA ABELLA, of the Women's International Democratic Federation, said her group considered the human-rights situation in Colombia the worst in the world. There paramilitary groups sent death threats to groups of human-rights defenders. The campaign of terrorism waged in Colombia removed all hope for peace. The group hoped that next year it would not need to add more names of dead human-rights defenders to its statement. Human-rights defenders had also been killed in Cuba, and others had been attacked.
MARIA SOLEDAD REINA, of the Latin American Federation of Associations of Relatives of Disappeared Detainees (FEDEFAM), said her organization shared the feeling of Special Rapporteur on extrajudicial executions Bacre Waly Ndiaye that human-rights defenders deserved more than posthumous tributes. Mr. Ndiaye had said this with Josué Giraldo, the President of the Meta Human Rights Committee of Colombia. Denouncing the violations committed by the Colombian State justified the Colombian armed forces in stigmatizing human-rights defenders as "useful idiots" for guerrillas. This had been done to Gustavo Gallón Giraldo, Director of the Colombian Commission of Jurists, who had suffered persecution at the hands of the military. Others, including Ovidio Torres and Cesar Pérez, had been abducted by paramilitary groups, while Yanette Bautista, FEDEFAM's president, was the target of harassment.
GEORGES KUTUKDJIAN, of the United Nations Educational, Scientific and Cultural Organization, said the revised text of the of the preliminary draft of the universal declaration on the human genome and human rights elaborated by the International Bioethics Committee of UNESCO would be proposed to an inter-governmental committee of experts in July 1997. The draft declaration appeared to be the most appropriate means of rapidly securing the support of the international community for a several leading principles likely to foster protection of the human genome. With the current burgeoning of research on the human genome, and the applications arising from it, a worldwide standard-setting framework was urgently needed to ensure that such research and applications developed in a harmonious way and in a manner that respected human rights. In order to reinforce joint action in the field of bioethics by the Commission and UNESCO, the IBC was prepared to study the issues linked to the protection and promotion of human rights and other questions raised concerning the life sciences and their applications in genetics, among other fields.
MOHAMMAD ABDULLAH ALDOURI (Iraq) said some developed countries which considered themselves human-rights patrons and sponsors had used science and technology to serve their aims of destroying and intimidating other countries. Iraq had been a target of grave violations during the military aggression launched by coalition countries in January 1991, during which depleted uranium
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shells were used by British and American armed forces; apparently more than 30 tons of depleted uranium was used in Iraq and Kuwait; research had shown that about 50,000 Iraqi children died in the first eight months of 1991 as a result of unknown diseases brought about by the use of depleted uranium weapons; an untold number of Iraqi soldiers also were killed either directly or indirectly. There also had been extensive environmental damage, and horrifying facts had been unveiled regarding various impacts on the population. Iraq was determined that States using such weapons should bear responsibility for the results; and called upon the Commission to shoulder its responsibilities and to consider the impacts left by this pattern of grave violations of human rights.
HORACE PERERA, of the World Federation of United Nations Associations, said that in the past, human rights had been attacked by ideologies and beliefs; today the attacks came under the guise of developments in science and technology. Political and civil rights not only protected the right to life but also called for its protection by law. Medical science had made vast improvements, but the ability to heal had been diverted to ends such as cloning. Tinkering with humanity in that way ran counter to the international declarations which preserved the dignity of human beings and provided them with their human rights. Another problem today was invasion of privacy, made easier by technology. It was time the international community took this danger seriously -- the issues were too numerous and complex for the international community to depend solely on resolutions. Unless an international conference was prepared to discuss these issues, and relevant programmes of action were enacted, technology could outstrip the Universal Declaration of Human Rights.
MARC DESPINOY, of the United Towns Agency for North South Cooperation, said science and technology had begun to occupy greater and greater parts of the lives of people as the world entered the third millennium. Scientific progress could be used for good, but also for ill. Modern computer and telecommunications technology could be used by police forces to monitor people they considered opponents, while electronic networks such as the Internet were used to transmit obnoxious material. National and international legislations had not kept up with the rapid evolution of science and technology. Developments such as the recourse to the conception of babies in test tubes, the fecundation of women over the age of 50, the human genome project and the use of transgenic materials in agriculture could be misused. If these issues were not addressed sufficiently quickly, developments could fall in the wrong hands, leading to the destruction of the human race by poisoning.
Right of Reply
MIGUEL ALFONSO MARTINEZ (Cuba) said the representative of the Netherlands, speaking on behalf of the European Union, had referred to a case alleging problems with a prisoner in Cuba. He wished to state the
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delegation's view that this kind of reference in connection with a discussion on the functions of a working group did not foster a climate of understanding and reduced tension with respect to the operations of the working group. This kind of politicization was a trend, and whenever it was observed, the Cuban delegation would flag it, as it set an atmosphere that could damage progress in the working group.
HAMIDON ALI (Malaysia) said he had been taken aback by the mention by a high-level United States delegate last night of the case of Harrison Gnau, an environmental activist opposed to logging activities in Sawarak. The events surrounding his house arrest had taken place a decade ago. Mr. Gnau was now active in political life and had attended the Commission last year.
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