HUMAN RIGHTS IMPLEMENTATION SHOULD STRESS COOPERATION, NOT CONFRONTATION, AUSTRALIA TELLS THIRD COMMITTEE

18 November 1997

Press Release
GA/SHC/3451

HUMAN RIGHTS IMPLEMENTATION SHOULD STRESS COOPERATION, NOT CONFRONTATION, AUSTRALIA TELLS THIRD COMMITTEE

19971118 Japan Says Accusations Will Not Result in Needed Dialogue; Fifteen Speakers Address Committee on Wide Range of Human Rights Issues

Cooperation, rather than confrontation, must be emphasized in the approach to human rights, the representative of Australia told the Third Committee (Social, Humanitarian and Cultural) this morning, as it continued its consideration of human rights issues.

She said that such an approach should be adopted more generally in international forums, to encourage and support the implementation of human rights commitments at the national, regional and global levels. In that respect, her country had given priority to institution-building in the human rights field.

On a similar theme, the representative of Japan said that the particularities of each country had first to be grasped, so that the human rights situation could be discussed in a way that led to the promotion of human rights within the international community. Furthermore, positive steps had to be acknowledged as a way of encouraging improvement. Accusations alone would not bring about the necessary dialogue between the international community and the specific country.

The representative of South Africa, speaking on behalf of the Southern African Development Community (SADC) said that in the colonial Africa on whose ruins a new Africa was being built, the Universal Declaration of Human Rights had been a treasonable document. Following years of destabilization, the SADC countries were enjoying a political stability that led to growth and development. Consolidating human rights achievements for all in the subregion and on the continent promoted human rights and freedom the world over.

Stressing that the war was over and Croatia was not committed to human rights and international humanitarian law, the representative of that country asked if the Committee should still be considering the human rights situation in his country. At the same time, however, he said his Government remained

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deeply concerned about the situation of human rights in other countries in the region, particularly the plight of Bosnian Croats in Bosnia and Herzegovina and ethnic Croats in the Federal Republic of Yugoslavia.

The representative of the United States said one of the most important human rights tools of the United Nations was its system of special rapporteurs and working groups. All governments should honour their commitments to the United Nations and respect the independence of its special rapporteurs. The Office of the High Commissioner should explore new ways to strengthen the special rapporteur and other thematic mechanisms by tying technical cooperation projects more closely to their recommendations.

Regarding next year's commemoration of the fiftieth anniversary of the Universal Declaration of Human Rights and the review of the Vienna Declaration and Programme of Action, the representative of Austria said the essence of the year's success would be measured by improvement in the implementation of international standards at the national level. That included the vigorous promotion of the universal ratification of all international human rights treaties, together with an evaluation of existing reservations.

Statements were also made by Barbados (on behalf of CARICOM), Bulgaria, the Republic of Moldova, Belarus, Venezuela, Iran, New Zealand, Latvia, Libya and Norway.

The Third Committee will meet again at 3 p.m. today to continue its consideration of human rights questions. It is also expected to take action on a draft resolution on refugees.

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this morning to continue its consideration of human rights questions, including alternative approaches for improving the enjoyment of human rights and fundamental freedoms, the reports of special rapporteurs and representatives, the Vienna Declaration and Programme of Action, and the report of the United Nations High Commissioner for Human Rights.

The Committee had before it reports on the human rights situations and reports of special rapporteurs and representatives on the following: Cambodia, Haiti, Kosovo, the former Yugoslavia, Myanmar, southern Lebanon and West Bekaa, Iraq, Iran, Afghanistan, Nigeria, Sudan, Cuba, Rwanda, Burundi and the Democratic Republic of the Congo.

(For background on alternative approaches, the Vienna Declaration and the High Commissioner's report and the reports of the special rapporteurs and representatives see: Press Releases GA/SHC/3443 and GA/SHC/3444 of 12 November; GA/SHC/3445 of 13 November; and GA/SHC/3447 of 14 November).

A note by the Secretary-General transmits an addendum to the report on the Human Rights Field Operation to Rwanda (document A/52/486/Add.1/Rev.1). The Addendum outlines work by the Operation and also reports on meetings between officials of Rwanda's Government and international bodies, including an assessment trip to Rwanda and an informal consultation in Geneva during late October. The report concludes that the assessment trip will be discussed further by the Executive Committee on Humanitarian Affairs, in the context of addressing the need for a more integrated approach by United Nations agencies.

Moreover, the addendum states, as the largest field presence of the High Commissioner for Human Rights, the Operation in Rwanda faces particularly difficult and dangerous circumstances and maintains a sensitive relationship with a post-genocide Government. Further discussions with the Government could yield a common view regarding the Field Operation's monitoring presence, the methods of dialogue, reporting and capacity-building. The Field Operation needed to be accorded the highest priority regarding strength of direction, professionalism of staff, security, servicing by the Office of the High Commissioner and, finally, stability and predictability in its funding.

Statements

MASAKI KONISHI (Japan) said the violation of human rights in many parts of the world was of serious concern to the international community. The situation of each country had to first be grasped, however, before the discussion of a specific situation could contribute to promoting human rights. Also, positive steps had to be acknowledged as a way of encouraging

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improvement. Accusation alone would not bring about the necessary dialogue between the international community and the specific country.

More human rights mechanisms, such as special rapporteurs and working groups, were needed, he said. The activities of the Office of the High Commissioner for Human Rights should also be enhanced. However, the budget for such programmes could not be permitted to grow as fast as would be liked and United Nations activities in the field must make the most efficient use of limited financial resources. One way to do that would be to streamline meetings of the Commission on Human Rights. Another way would be to start Commission sessions on time, as had been done with the Economic and Social Council this year, which would shorten the duration of the Commission.

As part of its regional activities in the field of human rights, he said, his Government planned to host a third symposium on human rights in the Asia-Pacific region in January 1998. Undertaken together with the United Nations University, the symposium would focus on such themes as the fiftieth anniversary of the Universal Declaration of Human Rights. In addition, his Government had discussed human rights with China and was supporting the democratic development of developing countries through assistance for the establishment of legal and judicial systems and for democratic elections.

BETTY RUSSELL (Barbados), speaking on behalf of the Caribbean Community (CARICOM), said she supported the "bottom-up" approach to human rights issues that the High Commissioner had expressed as her focus. The Declaration on the Right to Development was an integral link between the Universal Declaration of Human Rights and the Vienna Declaration and Programme of Action. It elaborated a unity between, on the one hand, economics, social and cultural rights and on the other, civil and political rights. The right to development was an integral element in a balanced human rights programme.

There was a feature of education for human rights that went beyond simply creating awareness of rights and promoting them, she continued. Information was essential, but it was not sufficient to ensure the development of values and attitudes. Promoting human rights also meant developing a culture that respected and observed human rights at the national level. In Haiti, CARICOM noted the United Nations programme of technical cooperation, which provided human rights training to personnel of major institutions and increased public awareness through civil education programmes. That had been especially helpful in reforming Haitian criminal law.

The rights of women and children were also particularly important to CARICOM, she said. Such violations as the exploitation of child labour had root causes that went beyond poverty. That was why, as a human rights problem, it had to be eradicated through the concerted action of independent States at the national level using international leverage.

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ERNST SUCHARIPA (Austria) said human rights year in 1998 would be marked by an array of activities at the local, national and international levels. The Vienna Declaration had been central to human rights activities; its integrated approach to development, democracy and the protection and promotion of human rights had increasingly been guiding the work of the United Nations. The five-year review of the Vienna Declaration and Programme of Action would provide a major occasion to measure progress, as well as the remaining difficulties. The review also offered an opportunity to civil society worldwide to speak out and contribute. The High Commissioner had a crucial role in facilitating the activities of the commemoration of the Universal Declaration, as well as the five-year review of the Vienna Declaration.

As part of its activities next year, his Government would be taking a comprehensive look at the status of the international human rights instruments and at its own legislation and practice, which would be conducted by an interdepartmental working group. That group would also review the status of Member States' reporting obligations under international human rights instruments. On 10 December, the first session of the Austrian national committee for the human rights year would be opened by the Vice-Chancellor and Foreign Minister. The Committee would conduct wide consultations on human rights issues in the Austrian society and serve as a focal point for coordinating the events related to the year.

At the intergovernmental level, he added, the coordination segment of next year's Economic and Social Council would provide an excellent opportunity to review the overall work of the United Nations system in human rights. His delegation was preparing a draft resolution on the follow-up to the World Conference on Human Rights and was looking forward to a broad co-sponsorship of that text.

Human rights year was not about setting standards or drafting lengthy documents or celebration, he said. The essence of the year's success would be measured by improvement in the implementation of international standards at the national level. That included the vigorous promotion of the universal ratification of all international human rights treaties, together with an evaluation of existing reservations.

IVAN SIMONOVIC (Croatia) said the promotion and protection of human rights was important for guaranteeing both national and international stability and security. It was the implementation of human rights standards, both nationally and internationally, that would be challenged next year on the occasion of the review of the Vienna Conference and the fiftieth anniversary of the Universal Declaration of Human Rights.

From the time of its conception, Croatia had placed respect for human rights high on its agenda, he continued. It had held to the principles of democracy and respect for human rights even when subjected to aggression and

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occupation of parts of its territory. After successfully defending its sovereignty and territorial integrity, and with the reintegration of Eastern Slavonia nearing its successful completion, Croatia would further strengthen its commitment to the cause of human rights.

On 5 November, his Government had ratified a number of conventions on human rights and fundamental freedoms, the protection of minorities, local self government, the European Charter for regional or minority languages and the European Convention on Human Rights. His Country was among the first countries to institutionalize its cooperation with the International Tribunal on the Former Yugoslavia. For lasting peace to be restored to that region all those indicted must be brought before the Tribunal and the composition of the indictees must reflect the degree of responsibility of various sides in the conflict. Only five persons had been indicted for war crimes against citizens of Croatia and only one of the accused was in the Tribunal's custody. That was unsatisfactory.

He went on to say that Croatia was the only area of the former Yugoslavia experiencing significant minority returns. The return of those displaced persons and refugees was welcome and, to facilitate their return, the Government had adopted a programme on the establishment of trust, accelerated return and normalization of living conditions in the war-affected regions. The situation in Croatia had changed since the period in which there were gross violations of human rights and international humanitarian law. The war was over. Croatia was now a member of the European Council and was committed to respect for human rights. The question must, thus, be raised on whether the situation of human rights in Croatia should still be considered by the Committee.

His Government remained deeply concerned about the situation of human rights in other countries in the region, particularly in Bosnia and Herzegovina and the Federal Republic of Yugoslavia, he said. The plight of Bosnian Croats and their suffering had received insufficient notice from the international community. Their human rights must be respected and they must be allowed to return to their homes in central Bosnia and the Posavina region, to preserve the multi-ethnic nature of Bosnia and Herzegovina and to preserve the region's peace and stability. He was also concerned about the ethnic Croats in the Federal Republic of Yugoslavia, who were still being forced to flee, joining the more than 50,000 ethnic Croats who had fled since 1991.

FREDERICK BERGH (South Africa), speaking on behalf of the Southern African Development Community (SADC), said a new Africa was being built on the ruins of a colonial one, in which the Universal Declaration of Human Rights had been a treasonable document. Following years of destabilization, the SADC countries were enjoying a political stability that was providing an opportunity for growth and development. After triumphing over the ignoble systems of apartheid and colonialism, the right of citizens to take part in

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government and vote for representatives to govern them was affirmed. The international community must join the SADC in its resolve to never again allow any society to be subjected to such inhuman systems of governance.

The human rights machinery was the most potent weapon against tyranny and all forms of oppression, both economic and social, he continued. To work in a more balanced and relevant manner, however, they had to be overhauled, a process that should include the introduction of a mechanism enabling the machinery to collate, monitor and evaluate human rights data. The machinery should also be reformed to reflect the form and content at its core, which was equitable geographic distribution and gender balance. Finally, the international community had to put more emphasis on cultivating a culture of respect for human rights, in all spheres of socio-economic life.

SADC's main objective was the universal promotion of justice, he concluded. Consolidating human rights achievements for all in the subregion and on the continent would promote human rights and freedom the world over.

PHILIP DIMITROV (Bulgaria) said that improving the human rights situation in southeastern Europe was an indispensable condition for enhancing regional security, stability, and development cooperation. For eight years now, Bulgaria had been an example for solving inter-ethnic problems based on respect for human rights, primarily through bilateral approaches. High-level discussions with Yugoslav representatives at the Balkan summit in 1996 had led to the hope that durable solutions would be achieved, but those expectations had not materialized.

He said that among the violations perpetrated on the Bulgarian minority in Yugoslav areas, was describing them in school textbooks as the "eternal foes" of the Serbs. That was part of a propaganda campaign run by the State- controlled media, which still lacked democratic norms. It had been accompanied by other violations of minority rights, such as denying them the right to celebrate national holidays. Such problems were still to be resolved. Also, the effective functioning of the Special Rapporteur's office in Belgrade was indispensable for the free flow of impartial and objective information.

VLADIMIR CHIRINCIUC (Republic of Moldova) said his country had committed itself to democracy and a State ruled by law. It had acceded to international instruments of human rights, which had become the basis for legislation. Explicit provisions of the constitution assured the right to free expression and the right of identity, including for minority groups. Minorities were guaranteed the right to use of their mother tongue, for example, and all elections were free and fair.

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Despite economic difficulties, his country was actively protecting and promoting human rights, he said. Among many initiatives undertaken in conjunction with United Nations bodies was the existence of an ombudsman and a national centre for human rights. His country also took part in the technical and advisory services of the Organisation for Security and Cooperation in Europe (OSCE) and the Council of Europe. However, because of the actions of separatists, those in the eastern region of the country were deprived of the right to elections, privatization and economic reforms and human rights violations persisted. Attempts to resolve the situation through mediators had been blocked by anti-constitutional parties, but the Government would continue its efforts.

NATALIYA DROZD (Belarus) said it was important to review achievements in human rights as commemoration neared for the anniversary of the Universal Declaration of Human Rights. The international community could state with confidence that its efforts had been successful. Further progress was needed, however, in the Organization's human rights protection mechanisms and more effective ways in addressing human rights problems must be faced. As one example, merging the Office of the United Nations High Commissioner for Human Rights and the Centre for Human Rights would allow the Organization to respond more effectively to the needs of Member States.

The defence of human rights should be the concern of all States and, as such, the increase in the number of ratifications and accessions to the main international human rights instruments was welcomed, she said. Implementation of international instruments must be effectively monitored with the full confidence of Member States. However, the conclusions of the reports from treaty bodies were not always objective, as preference was given to information from non-governmental organizations and the mass media. Treaty bodies should interact more on those issues with national governments.

Her country's constitution had expanded fundamental freedoms, she continued. However, there were some differences in the observance of human rights in Belarus that were not the result of policy. External factors were also important. As a European State, Belarus had deepened its cooperation with the main European structure as a means of ensuring stability in Europe and worldwide and had the necessary prerequisites for increased cooperation with the European Union. Her Government was also pursing legislation to improve the implementation of a range of human rights issues, including in such areas as military service and the death penalty.

MARTHA DI FELICE (Venezuela) said the overall approach proposed by the High Commissioner for Human Rights, including the right to development, would lead human rights in the right direction. There were dangers that threatened all societies, such as poverty, external debt, racism and drug trafficking.

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Globalization was presented as an opportunity for all States to make progress, but it also generated difficulties, possible inequalities, exclusion and marginalization. Democracy, must be improved and made more participatory.

In Venezuela, she added, there had been positive developments to promote the rule of law and respect for the fundamental freedoms of citizens. The reform of the system of justice had become a priority to address its overloaded administration and the prisons. The Government had established a social alliance for justice to support and monitor the reform.

In July, high-level government consultations had been held to establish a national human rights programme. Non-governmental organizations had offered proposals on a range of human rights issues and the Government had committed itself to responding to those proposals. The recent declaration by the Venezuelan Supreme Court that the vagrancy law was null and void and a breach of humanitarian law was welcomed. In the area of education, a law had been passed to promote strategies that would respect human rights, which would be disseminated through the mass media.

PENNY WENSLEY (Australia) said next year's anniversary of the Universal Declaration of Human Rights was an opportunity to reinvigorate the international community's commitment to the ongoing promotion and defence of human rights standards and the international instruments that underpinned them. Her country was committed to the advancement of human rights and regarded such issues as integral to its diplomacy. Its approach emphasized cooperation rather than confrontation, an approach that should be adopted more generally in international forums.

Her country had given priority to institution-building in the human rights field, including through the Government's overseas development cooperation programme and efforts to develop and strengthen regional and international human rights instruments and institutions, she said. Despite substantial progress in the past 50 years, millions of people all over the world were still victims of human rights abuses. The improvement of human rights was ultimately the responsibility of every country. International cooperation and scrutiny, where necessary, played an important part in encouraging states to fully implement their obligations under the United Nations Charter and international human rights instruments.

Her Government strongly supported the work of the International Tribunal for Rwanda and the International Tribunal for the Former Yugoslavia, she said. The successes of the Tribunal for the Former Yugoslavia to date were welcomed. The Rwanda Tribunal should advance its work in bringing the perpetrators of the 1994 genocide to justice. The agreement by the Democratic Republic of the Congo to allow the United Nations investigative team to begin its work in accordance with its mandate was also welcomed. She also expressed concern about the human rights situation regarding the killings in Algeria; the strict

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social policies of the Taliban in Afghanistan; the treatment of the Baha'i minority in Iran; and the constraints still imposed on the opposition in Burma.

Regarding Cambodia, she said her Government had a strong interest in seeing political stability there and considered the promotion and protection of human rights, including the holding of free and fair elections, as critical elements in that process. Her Government would contribute $A 100,000 Australian to the United Nations initiative for monitoring the safe return of political exiles.

She also welcomed China's progress in the democratization of local government structures, freedom of movement and the reforms to the administrative and criminal systems. Her Government's commitment to promoting human rights in China in an open and constructive way had resulted in the establishment of a formal and regular bilateral dialogue on human rights. The first such meeting took place in August. Both governments had agreed to initiate a programme of technical cooperation in the human rights field, focusing on institutional strengthening, policy development, research, training and administrative resources.

BAHMAN AMYARI (Iran) said efforts towards reaching such lofty goals as development, democracy and human rights should be comprehensive and integrated. The goals were interrelated, interdependent and indivisible. One should not be realized at the expense of another. They should be considered and promoted in a fair and equal manner.

The right to development had been reaffirmed by the international community as a universal and inalienable right and its degradation through selective application for extraneous purposes was deeply regrettable, she said. Regional arrangements for human rights had to emerge from the circumstances prevailing in a given region. Such arrangements should act as a catalyst for greater understanding, identifying obstacles and removing them, improving procedures and examining regional systems for their application in promoting and protecting rights everywhere.

MICHAEL POWLES (New Zealand) said his country did not make a practice of publicly involving itself in the affairs of others. However, all governments were accountable for upholding internationally accepted human standards, that, when violated, were a matter of concern to the international community as a whole. His Government balanced critical remarks with practical assistance and supported a broad range of human rights capacity-building efforts by contributing to the Voluntary Fund and through other funding mechanisms.

He said that China's recent signature of the International Covenant on Economic, Social and Cultural Rights was welcome. After touching on a number of other situations around the world, he said that in his own region, New

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Zealand had accepted Papua New Guinea's invitation to assemble and lead a neutral, regional peacekeeping group to help monitor the terms of a truce agreed to earlier in the year. Papua New Guinea was also moving towards establishing a national human rights commission, which was an important step in developing cooperative relations with partner national institutions around the region.

Regional arrangements were a high priority for promoting human rights, he continued. Much progress had been made in establishing, strengthening and networking national institutions in the Asia-Pacific region following last year's creation of the Asia-Pacific Forum for national institutions. A growing number of effective, independent and pluralistic national institutions in the region were taking step-by-step approaches towards human rights capacity building.

His Government was supporting an increasing range of good governance and human rights capacity-building projects, he said. Those projects would deliver helpful assistance in encouraging fairness, justice and a shared respect for human rights. Such an approach to human rights sought to encourage dialogue, shared commitments and practical cooperation, rather than making the issues a source of discord and philosophical disagreement.

BAIBA LAIZANE (Latvia) said she welcomed the comments of the High Commissioner for Human Rights that the work of national institutions was of the highest priority. After experiencing the significant benefits of an independent and effective national human rights institution, her country had for the first time this year contributed to the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights.

Each country must decide what type of mechanism for human rights protection best met its needs, she said. The Latvian National Human Rights Office, created in 1995, had come into criticism for providing an independent opinion on a number of politically sensitive issues. Those discussions had enabled the Office to prove its independence and had gained support for its work from individuals, non-governmental organizations and the media.

Her country had drawn some conclusions from its experience, she said. First, there had to be a genuine commitment by national authorities to protecting human rights. Second, even if a national institution was tailored to fit a national legal system, the institution had to meet certain principles to be truly independent and effective. Finally, it was essential for countries to learn from one another's experiences through close cooperation with the United Nations and other international organizations. Human rights mechanisms should not be exploited by particular States for dubious political gains, as that undermined their effectiveness and credibility.

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ABDUSSALAM SERGIWA (Libya) said many violations of human rights were still occurring throughout the world. The Palestinian people still struggled for their right to independence and they were facing a daily attempt to destroy their identity. Massive migrations were still prompted by strife. The international community had to discover the root causes of such uprootings, especially in developing countries.

To advance human rights, the rights had first to be agreed upon, he said. A selective policy by some States affected the ability of others to realize their rights, as those States brought pressure on others in instances when their interests became divergent. Human rights causes must remain purely humanitarian in character and be aimed at improving the social conditions of all people, regardless of race or religion. Impartiality was critical. The religion of Islam emphasized the rights of people. The prophets were sent to promote them, including the right to development.

Human rights did not just mean freedom from torture, but also from hunger, poverty, disease and backwardness, he said. That right had been missing from the others for a long time and the international community had not translated it into reality. It had to be accepted as part and parcel of the core human rights, but that was not currently the case at the United Nations.

The United Nations was now ruled by undemocratic principles, he said. It passed resolutions that deprived people of their right to food, for example, which occurred because of hegemony in its bodies. The sanctions imposed on his country had exposed the vulnerable to hardships. They were, therefore, a violation of basic rights. The international community, on the occasion of the fiftieth anniversary of the Universal Declaration of Human Rights, should assess the situation and make the necessary adjustments.

JANIS BJORN KANAVIN (Norway) said that in the fiftieth anniversary year of the Universal Declaration on Human Rights the overwhelming priority should be the implemention of human rights throughout the world. Establishing an international criminal court was another priority. The international community must also build on the ongoing experiences of the International Tribunals for the former Yugoslavia and Rwanda, as they were very real reminders that justice was of primordial importance in building lasting peace and tolerance from conflicts seemingly fuelled by hate.

Turning from human rights standards to apparatus, he said the new High Commissioner for Human Rights was welcome, as were the thematic working groups and rapporteurs, such as those that had visited China and the Sudan. However, there were Countries where human rights standards were not respected or applied, including Myanmar, Algeria, Nigeria and Burundi. Cuba's lack of cooperation with the Special Rapporteur was disappointing, but there were other signs of progress, such as the recent release of a Chinese activist from prison.

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Closing with a comment on justice, he said the use of the death penalty was on the increase by a number of States represented in the room. At the same time, the number of States that had taken steps to abolish the penalty had risen to 100. The respect for human dignity and the sense of compassion inherent in the Universal Declaration should result in a reversal of the first trend and a strengthening of the second.

NANCY RUBIN (United States) said it was time to examine ways for human rights organizations to work more effectively with other international institutions, such as the World Bank and the International Monetary Fund. The High Commissioner's meeting with the World Bank would hopefully lead to new Bank funding for projects in such areas as the administration of justice, rule of law and support for national institutions. Governments should show their support for such programmes by increasing contributions to the Voluntary Fund for Technical Cooperation. The Voluntary Fund for Victims of Torture, to which the United States had contributed $1.5 million, was closely related to such issues and should also receive additional support.

One of the most important human rights tools of the United Nations was its system of special rapporteurs and working groups, she said. All governments should honor their commitments to the United Nations and respect the independence of its special rapporteurs. The Office of the High Commissioner should explore new ways to strengthen the special rapporteurs and other thematic mechanisms by tying technical cooperation projects more closely to their recommendations.

The importance of United Nations field operations and human rights monitors grew every year, she said. They were on the frontline of conflict resolution. All governments should work with the United Nations in resolving their human rights problems. In instances where governments were not willing to work with the international community, the United Nations should speak up and act on behalf of those whose human rights had been denied.

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