COMMISSION APPOINTS SPECIAL REPRESENTATIVE FOR HUMAN RIGHTS IN RWANDA

Press Release
HR/CN/806

COMMISSION APPOINTS SPECIAL REPRESENTATIVE FOR HUMAN RIGHTS IN RWANDA

(Reissued as received.)

GENAVA, 16 April (UN Information Service) -- The Commission on Human Rights decided this afternoon to appoint a Special Representative to make recommendations to the Rwandan Government on how to improve respect for fundamental rights and freedoms in the country. It did not renew the three-year term of its former Special Rapporteur on Rwanda.

The Commission also criticized Myanmar's human-rights performance and expressed concern at intensified hostilities and unacceptable treatment of women in Afghanistan. The mandates of Special Rapporteurs on those two countries were extended for a further year.

Another text approved called, among other things, for a dialogue under way between the High Commissioner on Human Rights and the World Bank over the right to development to focus on eliminating obstacles to full development and not on the introduction of new conditionalities for development assistance.

In a resolution on the situation of human rights in Rwanda, the Commission reaffirmed that all who committed acts of genocide or other grave violations of human rights were individually responsible and accountable for those acts; called upon the Government to investigate with vigour and where possible prosecute and punish cases of rape and other sexual violence that occurred during and after the genocide, and called upon it to extend an invitation to the Special Rapporteur on violence against women to visit Rwanda; welcomed the beginning of trials of those suspected of crimes of genocide and other crimes against humanity in Rwanda, but remained concerned at the conditions under which the first trials had been conducted; condemned in the strongest terms any acts of violence or intimidation against the staff of United Nations or any other international staff serving in Rwanda; and expressed grave concern at the deterioration in the human-rights situation since the beginning of January 1997. It decided to appoint a Special

Representative with a mandate to make recommendations on how to improve the human-rights situation in Rwanda; the mandate of the Commission's Special Rapporteur on Rwanda was concluded.

The Commission welcomed continuing cooperation by the Government of Myanmar with the High Commissioner for Refugees and the scheduled visit of a special envoy of the Secretary-General set for May 1997, but expressed deep concern at continuing violations of human rights, including extrajudicial executions, death in custody, torture, arbitrary arrests and detention, absence of due process of law, severe restrictions on freedoms of opinion, expression, movement, and assembly, forced relocations, forced labour by children and adults, including portering for the military, abuse of women and children, and oppression of minorities. It also criticized what it called a lack of progress towards establishment of democratic Government based on democratic elections held in 1990. The Commission called upon the Government to remove the causes of displacement and refugee flows and to fulfil obligations to end impunity for violators of human rights. It renewed the mandate of its Special Rapporteur on the situation in Myanmar for another year.

A representative of Myanmar termed the resolution a "futile effort" to exert political pressure on the country and a blatant attempt to divide the country and transgress on its sovereignty.

The Commission noted with deep concern the intensification of armed hostilities and the ongoing deterioration of human rights in Afghanistan, calling on all Afghan parties to fully respect human rights. It especially urged them to restore respect for the human rights of women, including their participation in civil, cultural, economic, political, and social life. The Commission also demanded that all Afghan parties fulfil their obligations and commitments regarding the safety of all diplomatic missions and of United Nations and other international personnel, and condemned the abduction from United Nations premises of the former President of Afghanistan and his brother, and their subsequent summary executions. It strongly urged all parties to work and cooperate with the United Nations to achieve a comprehensive political solution to the armed confrontation in the country. It extended the mandate of its Special Rapporteur on Afghanistan for another year.

On the subject of assistance to Equatorial Guinea in the field of human rights, the Commission noted with interest that the continuing process of democratization had led the Government and political parties of the opposition to resume their political dialogue. It also invited the Government, in anticipation of upcoming elections, to take all necessary measures to guarantee transparency and respect for the electoral law and to facilitate the free participation of all political parties

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A representative of Equatorial Guinea remarked that experience and apprenticeship in human rights was not acquired immediately, but while there had been difficulties affecting the country's progress and much remained to be done, current circumstances were encouraging.

The Commission also approved measures on follow-up to the Vienna Declaration and Programme of Action from the 1993 World Conference on Human Rights; on the report of the High Commissioner for Human Rights; on the question of a draft declaration on the right and responsibility of individuals, groups, and organs of society to promote and protect universally recognized human rights and fundamental freedoms; on guidelines for the regulation of computerized personal data files; on human rights and bioethics; on conscientious objection to military service; on promoting tolerance and pluralism; and on organization of the work of next year's Commission session. At that session, it was decided this afternoon, the Commission will give due priority to consideration of the question of human rights in Cyprus.

The Commission will meet again on Friday 18 April at 10 a.m. to continue acting on draft resolutions and decisions, before concluding the fifty-third session in the afternoon.

Action on Resolutions

Through a resolution on the situation of human rights in Myanmar (document E/CN.4/1997/L.97), adopted by consensus, the Commission welcomed continuing cooperation by the Government with the High Commissioner for Refugees and the scheduled visit of a special envoy of the Secretary-General set for May 1997; expressed deep concern at continuing violations of human rights in the country, as reported by the relevant Special Rapporteur, including extrajudicial executions, death in custody, torture, arbitrary arrests and detention, absence of due process of law, severe restrictions on freedoms of opinions, expression, movement, and assembly, forced relocations, forced labour by children and adults, including portering for the military, abuse of women an children, and oppression of minorities; expressed deep concern at lack of progress toward establishment of democratic Government after the democratic elections of 1990; expressed concern that the Special Rapporteur had not yet been allowed to visit the country; and expressed concern at exclusion of democratically elected representatives from participation in meetings of the National Convention, and at severe restrictions imposed on delegates to the Convention.

The Commission also expressed concern at restrictions placed upon Daw Aung San Suu Kyi and other political leaders; at forced relocation and other violations of the rights of minorities; and at violations of the rights of children. The Commission called upon the Government to guarantee an end to violations of the right to life and integrity of human beings, to ensure full respect for human rights, and to urgently improve conditions of detention; to

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take urgent measures to ensure establishment of democracy in accordance with the will of the people as expressed in the democratic elections held in 1990; to cooperate fully with the relevant mechanisms of the Commission, in particular the Special Rapporteur; and to ensure the safety of all political leaders, including Daw Aung San Suu Kyi. The Commission called on other parties to the hostilities in Myanmar to respect fully international humanitarian law, to halt the use of weapons against civilians, and to protect all civilians from human-rights violations. It called on the Government to remove the causes of displacement and refugee flows, to fulfil obligations to end impunity for violators of human rights; to investigate the circumstances which led to the death in 1996 of James Leander Nichols while detained by the Government, and prosecute all responsible. The Commission decided to renew the mandate of the Special Rapporteur for another year.

U. AYE (Myanmar) said that despite commendable efforts by delegations to present a balanced picture and moderate the text, there were those who were determined to conspire against Myanmar. This was a futile effort to exert political pressure. The draft resolution alleged that peaceful assembly was banned when nothing could be further from the truth. Nonetheless, efforts to hinder the constitutional process would be countered appropriately by the authorities. Myanmar had a National Convention to bring together leaders of political groups to ensure a lasting constitution was agreed upon.

Allegations of human-rights abuses were merely ritual carryovers from previous years and Myanmar had responded to them before, the delegate continued. Investigations into such allegations usually revealed they were without foundation and made for ulterior motives. The Government exerted its utmost efforts, but was opposed by small internal groups helped by external forces. Myanmar would tolerate no outside pressure. The draft resolution was a blatant attempt to divide Myanmar and a futile effort to transgress on its sovereignty.

By a resolution on the situation of human rights in Afghanistan (document E/CN.4/1997/L.110), adopted by consensus as amended, the Commission noted with deep concern the intensification of armed hostilities and the ongoing deterioration of human rights in the country, calling on all Afghan parties to fully respect human rights. It urged the parties to restore respect for the human rights of women, including their participation in civil, cultural, economic, political, and social life; their right to work; their right to education without discrimination; and their rights to security of person, freedom of movement, and health. It also demanded that all Afghan parties fulfil their obligations and commitments regarding the safety of all diplomatic missions and of United Nations and other international personnel; condemned the abduction from United Nations premises of the former President of Afghanistan, Mr. Najibullah, and his brother, and their subsequent summary executions; urged Afghan authorities to provide remedies to victims of human-rights violations; strongly urged all parties to work and cooperate with

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the United Nations with a view to achieving a comprehensive political solution to the armed confrontation; urged all States to respect the full national independence and territorial integrity of Afghanistan; and called for the unconditional and simultaneous release of all prisoners of war. The Commission extended the mandate of the Special Rapporteur on Afghanistan for another year.

MUNIR AKRAN (Pakistan) said it would join the consensus on the draft resolution, although it had a narrow focus and did not fully reflect the reality of the situation in Afghanistan. Human rights in Afghanistan had been violated by successive regimes. Pakistan recognized the State of Afghanistan, having done business with different regimes there in Kabul. It also maintained contacts with all Afghan groups to promote a political settlement. Pakistan would continue to play an active role and hoped collective efforts would result in genuine national reconciliation. The Taliban were a reality: they now administered Kabul and so it was important to engage them in contact and keep channels of communication open. Pakistan had sought modifications in their policies on gender issues; the Taliban had promised that once the situation returned to normal, education of girls and work for women would be restored. The search for peace should be accompanied by an acceleration of international assistance and cooperation, as Afghanistan should not emerge as a source of instability. A complete arms embargo was another essential instrument to promote peace.

In a resolution on the situation of human rights in Rwanda (document E/CN.4/1997/L.81), adopted by consensus, the Commission again condemned the crime of genocide, crimes against humanity, and all other violations of human rights which were perpetrated in Rwanda; remained deeply concerned at the continued suffering experienced by the survivors; reaffirmed that all who committed acts of genocide or other grave violations of human rights were individually responsible and accountable for those acts; called upon the Government to investigate with vigour and where possible prosecute and punish cases of rape and other sexual violence that occurred during and after the genocide, and called upon it to extend an invitation to the Special Rapporteur on violence against women to visit Rwanda; welcomed the beginning of trials of those suspected of crimes of genocide and other crimes against humanity in Rwanda, but remained concerned at the conditions under which the first trials had been conducted and encouraged the Government to make efforts to meet fair-trial standards; expressed concern over conditions of detention; and appealed to the international community to contribute further to financial and technical support of Rwanda's judicial system.

The Commission also expressed grave concern at the deterioration in the human-rights situation since the beginning of January 1997; noted the commitment of the Government to investigate extrajudicial executions committed by some members of the security forces; condemned in the strongest terms any acts of violence or intimidation against the staff of United Nations or any

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other international staff serving in Rwanda, especially the assassinations of five human-rights observers, of three members of Médecins du monde, and that of a Canadian national; called upon States, United Nations bodies and relevant agencies to intensify efforts to contribute further financial and technical support for resettlement of refugees; expressed appreciation for the concluded work of the Special Rapporteur on Rwanda over the past three years; and decided to appoint a Special Representative with a mandate to make recommendations on how to improve the human-rights situation in Rwanda.

ROSS HYNES (Canada) said Canada had tried to ensure that its deep interest in and concern for the human-rights situation in Rwanda were matched by constructive actions. The rebirth of the country since the 1994 genocide had been remarkable. The resolution under consideration addressed issues which were both complex and important.

PETER VAN WULFFTEN PALTHE (Netherlands) said consultations on the resolution had been transparent and open, and the Rwandan delegation had been open to full discussion of the complex task and problems it faced; all should support the rebuilding of the war-torn society there.

GODEFROID MARUME MULUME (Zaire) said Zaire more than any other continued to suffer from the frightful consequences of the Rwandan genocide; it had been overwhelmed by Rwandan refugees, and there had been severe ecological damage; in addition, a murderous war inspired in part by the presence of those refugees continued to devastate the Zairean population. More than any other country, Zaire was entitled to feel concerned by the deteriorating situation in Rwanda. However, the text of the resolution had contradictions that deserved note; they smacked of a selective or a lax approach with respect to human rights. For example, the number of summary executions was increasing alarmingly in Rwanda, but these executions were the work of Rwandan security forces, while the draft resolution only mentioned "former" army forces and "militias". The text seemed to fudge deliberately the specifics required. It failed to mention thousands of Rwandan refugees who continued to wander in the forests of Zaire, in utter misery; or other refugees who continued to suffer in Zaire and other neighbouring countries. In addition, the call for appointment of a Special Representative raised questions about how his mandate would be reconciled with that of a Special Rapporteur or the UN mission to Rwanda that was still in the field. For those reasons, the delegation would vote against the text.

EUGENE-RICHARD GASANA (Rwanda) said that as long as human-rights mechanisms were envisaged as a means of exercising a policing role, there would be no progress. Without cooperation, results would be nil. Rwanda congratulated Canada on the magic formula which had made consensus possible on the draft resolution. Despite what the representative of Zaire said, Rwanda could not understand his concern, of which careful note had been taken. Rwandan hoped that the situation there would improve.

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By a resolution on assistance to Equatorial Guinea in the field of human rights (document E/CN.4/1997/L.84/Rev.1), adopted by consensus, the Commission welcomed the atmosphere of understanding, assistance, and cordiality which the authorities of the country had provided for the relevant Special Rapporteur during his visits; expressed appreciation of Government efforts in welcoming the provision of advisory services and technical assistance, which had led to some progress in the field of human rights and fundamental freedoms; noted with interest that the continuing process of democratization in Equatorial Guinea had led the Government and political parties of the opposition to resume their political dialogue; invited the Government, in anticipation of the elections for the House of Representatives of the People, to take all necessary measures to guarantee transparency and respect for the electoral law in force in Equatorial Guinea in order to facilitate the free participation of all political parties; invited the Government to continue the reform of electoral legislation in accordance with the recommendations of the United Nations electoral adviser and those of the Special Rapporteur; and encouraged the Government to continue actions aimed at promoting economic, social, and cultural rights, as well as the positive efforts it had undertaken to put an end to the relegation of women to an inferior position. The Commission also encouraged it to implement the recommendations of the relevant Special Rapporteur on such matters as law reform, accession to the Convention against Torture, legislative and administrative reform, limits on jurisdiction of military courts, training of military and security personnel, cessation of torture, and termination of impunity; and welcomed improvements in the conditions of prisoners. The Commission requested the High Commissioner for Human Rights to establish a technical-cooperation programme for strengthening the national capacities of Equatorial Guinea in the field of human rights; and it extended the mandate of the Special Rapporteur for an additional year.

IGNACIO MILAM TANG (Equatorial Guinea) said his country had committed itself in 1979 to a programme of action to restore and respect human rights. Equatorial Guinea had attached increasing priority to improving living conditions and to ensuring the rule of law. Dialogue between the Government and the Commission had been maintained, resulting in the facilities offered to the Special Rapporteur. However, experience and learning were not acquired immediately. Present circumstances, in particular economic conditions, were leading to significant and promising developments for human rights, though much still remained to be done. Equatorial Guinea was gratified that the Special Rapporteur had acknowledged this progress.

Through a resolution on the report of the High Commissioner for Human Rights (document E/CN.4/1997/L.100), adopted by consensus as amended, the Commission recognized the efforts of the High Commissioner in enhancing the office and in endowing the Centre for Human Rights with an adequate administrative structure which allowed it to put into practice the promotion and protection of all human rights and fundamental freedoms; recognized the importance of continuing to support the Office and Centre in their activities,

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taking into account that duplication of functions must be avoided; and expressed satisfaction at the constructive manner in which the High Commissioner had carried out his functions.

In a resolution on comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action (document E/CN.4/1997/L.107), adopted by consensus, the Commission urged all States to continue to give widespread publicity to the Vienna Declaration and Programme of Action, in particular in context of the public information and human rights education activities for the fiftieth anniversary of the Universal Declaration of Human Rights; requested the High Commissioner for Human Rights, the General Assembly and other organs and bodies of the United Nations system related to human rights to take further action with a view to the full implementation of all the recommendations of the Conference; requested the High Commissioner for Human Rights to continue to coordinate the human rights promotion and protection activities throughout the United Nations system; and took note of the intention of the High Commissioner to invite all States and all organs and agencies of the United Nations system related to human rights to carry out a thorough evaluation of the implementation of the Vienna Declaration and Programme of Action and called upon all States to contribute actively to this.

The Commission also decided, without a vote, to retain on its agenda item 10 (a), entitled "Question of human rights in Cyprus", and to give it due priority at its fifty-fourth session, it being understood that action required by previous resolutions of the Commission on the subject would continue to remain operative, including the request to the Secretary-General to provide a report to the Commission regarding their implementation.

Through a resolution on the question of a draft declaration on the right and responsibility of individuals, groups, and organs of society to promote and protect universally recognized human rights and fundamental freedoms (document E/CN.4/1997/L.101), adopted by consensus as amended, the Commission urged the relevant working group, without prejudice to the importance of achieving consensus, to complete its tasks promptly and submit the draft declaration to the Commission at its fifty-fourth session; decided to continue the group's work with a view to adopting the draft declaration at its fifty-fourth session; decided to make available an appropriate meeting time for the group prior to and during the fifty-fourth session; and recommended a draft resolution summarizing these aims for adoption by the Economic and Social Council.

Through a resolution on human rights and the follow-up to the guidelines for the regulation of computerized personal data files (document E/CN.4/1997/L.103), adopted by consensus, the Commission decided to request States and intergovernmental, regional and non-governmental organizations to cooperate fully with the Secretary-General by providing him with any relevant information on the application of the guidelines; and decided to request the

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Secretary-General to continue to ensure the implementation of the guidelines in the United Nations system.

Through a resolution on human rights and bioethics (document E/CN.4/1997/L.106), adopted by consensus as amended, the Commission drew the attention of Governments both to the importance of research on the human genome and its applications for the improvement of the health of individuals and mankind as a whole and to the need to safeguard the rights of the individual, including his identity and unity and dignity; invited Governments to consider establishing independent, multidisciplinary and pluralist committees of ethics to assess, notably in conjunction with the International Bioethics Committee of the United Nations Educational, Scientific and Cultural Organisation, the ethical, social and human rights questions raised by the biomedical research undergone by human beings and, in particular, research related to the human genome and its applications.

By a measure relating to conscientious objection to military service (document E/CN.4/1997/L.15), the Commission decided to defer consideration of the matter to its fifty-fourth session.

In a measure relating on tolerance and pluralism as indivisible elements in the promotion and protection of human rights (document E/CN.4/1997/L.33), the Commission decided to defer consideration of the question to its fifty-fourth session.

Through a resolution passed by consensus on the right to development (document E/CN.4/1997/L.25/Rev.1), passed by consensus as amended, the Commission reaffirmed the importance of the right to development for every human person and all peoples in all countries, in particular the developing countries, as an integral part of fundamental human rights; requested the High Commissioner for Human Rights to examine ways and means to provide the Declaration on the right to development with a profile commensurate with its importance and to disseminate the present resolution to all Governments, intergovernmental organizations, non-governmental organizations, members of treaty bodies and academic bodies and academic institutions; and noted that the High Commissioner for Human Rights had initiated a dialogue with the World Bank with regard to the right of development and stressed that such a dialogue should focus on identifying and eliminating the obstacles to the full development of the Declaration on the Right to Development and should not lead to the introduction of new conditionalities for development assistance.

MOUNIR ZAHRAN (Egypt), speaking before adoption of the resolution, said the right to development was a matter of full integration between the Universal Declaration of Human Rights and the Vienna Declaration and Programme of Action. It brought together economic, social, cultural, political and civil rights. During consultations to reach consensus on the draft, one State had expressed opposition to the paragraph linking disarmament and development.

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Egypt would not oppose the deletion of that paragraph, but that flexibility should not be interpreted as a change of attitude or position.

ROBERT LOFTIS (United States) said his delegation joined the consensus but wished to explain that development should centre on the individual and not on the State. The United States did not accept that the right to development was bestowed on individuals by Governments, rather Governments should produce the initiative to allow this right to flourish.

In measures adopted at the end of this afternoon's meeting, the Commission decided that, unless otherwise indicated in the resolutions adopted at the fifty-third session, all continuing thematic or country-oriented mandates established by the Commission and entrusted to special rapporteurs, special representatives, independent experts and working groups are expected to report to the fifty-fourth session; and recommended to the Economic and Social Council that it authorize, if possible, within existing financial resources, 40 fully serviced additional meetings for the Commission's fifty-fourth session.

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