PROPOSAL BY UNITED NATIONS RAPPORTEUR FOR ARMS EMBARGO IN GREAT LAKES REGION OF AFRICA CHALLENGED BY UNITED REPUBLIC OF TANZANIA

18 November 1997

Press Release
GA/SHC/3452

PROPOSAL BY UNITED NATIONS RAPPORTEUR FOR ARMS EMBARGO IN GREAT LAKES REGION OF AFRICA CHALLENGED BY UNITED REPUBLIC OF TANZANIA

19971118 Effort To Infringe on Sovereignty, Social Committee Told In Human Rights Debate; Text Adopted on Unaccompanied Refugee Children

A suggestion by the Special Rapporteur on the human rights situation in Burundi that an arms embargo be imposed upon the Great lakes region, was challenged by the United Republic of Tanzania in the Third Committee (Social, Humanitarian and Cultural) this afternoon, as the Committee continued its consideration of human rights questions.

The representative of the United Republic of Tanzania, responding to a statement by the Special Rapporteur during the presentation of his report to the Committee yesterday, said the proposal for an arms embargo was an attempt to infringe on the sovereignty of the countries of the region and to create an erroneous impression that the problems of Burundi, which were purely internal, emanated from the region. He said that in future the Special Rapporteur would desist from such biased and fallacious reporting.

Also this afternoon, the Committee approved, without a vote, a draft resolution on assistance to unaccompanied refugee minors, by which the Assembly would condemn all acts of exploitation of unaccompanied refugee minors, including their use as soldiers or human shields in armed conflict and their forced recruitment into military forces, and any other acts that endanger their safety.

As the human rights debate continued, the representative of Myanmar said many developing countries viewed human rights from the perspective of the right to development, shelter, food, clothing and the right to live in peace and security. The immediate and hasty implementation of more sophisticated aspects of human rights was pointless.

Poverty inhibited the full and effective enjoyment of human rights, said the representative of Ghana. The negative effects of economic adjustment policies on human rights should be considered. The representative of Canada said economies would never reach their full potential when basic rights were

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curtailed. There were States who argued that human rights had to be suppressed to foster stability and economic development but nothing could be further from the truth.

The representative of Malaysia said universality of human rights had to be based on the recognition of the particularities of culture, geography and history, and that in order to realize common aspirations, the importance of tolerance, understanding and common decency could not be negated.

The representative of Algeria said his country was fighting against the most brutal and heinous terrorism that ever existed. Algerians rejected terrorism and the fundamentalism which fed it. Legitimacy and respectability should not be conferred on terrorists by referring to them as armed opposition groups.

The representative of Nigeria said his Government had embarked on a phased transition programme towards democratization which would usher in an elected civilian government on 1 October 1998. Major targets that had been met in the programme included the setting up of the national electoral commission, the registration of five political parties, and the successful election on a party basis of all local government councils in Nigeria.

Statements were also made by the representatives of El Salvador, Malta, Morocco, Republic of Korea, and Syria.

The representatives of Sudan, Democratic People's Republic of Korea and Cuba spoke in exercise of the right of reply.

The Third Committee will meet again at 10 a.m. tomorrow, Wednesday, 19 November, to continue its consideration of human rights questions.

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this afternoon to take action on a draft resolution on assistance to refugee minors. It was also to continue its consideration of human rights questions.

By the terms of an 18-Power draft resolution on assistance to unaccompanied refugee minors (document A/C.3/52/L.26), the Assembly would condemn all acts of exploitation of unaccompanied refugee minors, including their use as soldiers or human shields in armed conflict and their forced recruitment into military forces, and any other acts that endanger their safety. The Assembly would express deep concern at the continued plight of unaccompanied refugee minors and emphasize once again the urgent need for their early identification, as well as for timely, detailed and accurate information on their number and whereabouts. The Office of the United Nations High Commissioner for Refugees (UNHCR) and all concerned organizations would be urged to take appropriate steps to mobilize resources to care for and reunify unaccompanied refugee minors.

The draft is sponsored by Afghanistan, Bangladesh, Burundi, Congo, Costa Rica, Democratic Republic of the Congo, Ethiopia, Iran, Liberia, Malawi, Morocco, Nigeria, Pakistan, Philippines, Qatar, Sudan, Syria and Turkey.

Action on Draft Resolution

Committee Chairman, ALESSANDRO BUSACCA (Italy), said the draft resolution on assistance to unaccompanied refugee minors had no programme budget implications. He reminded the Committee that the following Member States had been added to the list of co-sponsors when the draft resolution was introduced (on 10 November): Colombia, the Dominican Republic, Georgia and Jordan.

MAWYA KHALID (Sudan), as the main sponsor of the draft resolution, amended the text. A new operative paragraph 7 was added as follows:

"Calls upon all States and other parties to armed conflict to respect international humanitarian law and, in this regard, calls upon States parties to respect fully the provisions of the Geneva Conventions of 12 August 1949 and related instruments, while bearing in mind resolution 2 of the twenty- sixth international conference of the Red Cross and Red Crescent, and to respect the provisions of the Convention on the Rights of the Child which accord children affected by armed conflict special protection and treatment." The remaining paragraphs would be renumbered accordingly.

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Ms. KHALID said the amendments would allow the Committee to approve the draft resolution without a vote. Additional co-sponsors were then added as follows: Angola, Côte d'Ivoire, Dominican Republic, Guinea Bissau, Niger, Tajikistan, Mali and Israel.

The representative of the United States said he would join consensus on the draft resolution. He hoped that the draft resolution would highlight the particular needs of unaccompanied minors, wherever they might be. Abuse of unaccompanied refugee children was especially abhorrent. The draft text did not address direct attention to the suffering and tragedy occurring today among utterly helpless children. He appreciated the final efforts by the co- sponsors to produce a final consensus text. The new operative paragraph referred to relevant current international and humanitarian law. Noting that the draft resolution on the rights of the child contained a section on children in armed conflict, he said consideration should be given to consolidating in one text the issue of refugees children.

The draft resolution was approved, as orally amended, without a vote.

Mr. BUSACCA (Italy), Committee Chairman, said the Committee had concluded its consideration of the agenda item on the report of the United Nations High Commissioner for Refugees, questions relating to refugees and displaced persons and humanitarian questions.

Statements

CARLOS ENRIQUE GARCIA GONZALEZ (El Salvador) said that since the peace accords in his country were signed in 1992, putting an end to 12 years of war, El Salvador had been on the road to both development and rights. Coordination and communication among all sectors was the key. Major transformations had occurred in all areas of life. A legislative assembly now existed. It was an open and democratic society.

There were some States that still forgot about rights, he said. Full realization of rights made sense only in context, where the States allowed the rights to be ensured. However, a double standard existed in the international community, which caused one part of the world to sink into poverty at the expense of the other.

Civil and political rights were equal to economic rights, he concluded, and those included the right to development and the right to peace.

LESLIE CHRISTIAN (Ghana) said he agreed with the emphasis being put on the importance of human rights in the promotion of peace and security, economic development and social equity. The reforms within the Office of the High Commissioner and the Centre for Human rights would enhance the High

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Commissioner's contribution to the development agenda and ensure effective implementation of the human rights programme. The High Commissioner should continue consultations aimed at broadening the donor base of voluntary contributions to her Office.

He said poverty inhibited the full and effective enjoyment of human rights. The negative effects of economic adjustment policies on human rights should be considered. The international community should be sensitized to the destabilizing effects of structural reforms that did not take into account the social realities that existed in developing countries.

The fiftieth anniversary of the Universal Declaration in 1998, occurring simultaneously with the five-year implementation review of the Vienna Declaration, should be used to develop a global partnership for the future. The inter-agency consultations begun by the Office for linking the two events should lead to well planned, coordinated programmes and activities.

ABDALLAH BAALI (Algeria) said the Universal Declaration of Human Rights gave back dignity to human beings, but despite its adoption, human rights violations continued in colonial territories against people who were referred to as natives. Such people continued to live on the margins of life and had been denied their rights, even though they should have had the basic right to be free. He said the fiftieth anniversary of the Declaration came at a good time for the international community to see what had been achieved. Much still needed to be done. The right to development was still regarded with suspicion, which made it difficult to implement. As long as there was no international mechanism for monitoring economic and social rights, progress would be hampered.

On the promotion and protection of human rights in Algeria, he said human rights was a day-to-day policy and a choice. The Algerian people had been deprived of their rights during colonialism. Algeria had established democratically elected multi-party institutions where human rights and fundamental freedoms had been solemnly proclaimed and would not be subjected to revision. It had become a party to a number of human rights treaties and a number of optional protocols.

At the same time, he went on, Algeria was fighting against the most brutal and heinous terrorism that ever existed. Algerians had rejected terrorism and the fundamentalism which fed terrorism. The international community should assist Algeria in neutralizing the terrorists by such activities as exchange of information and legal mechanisms to attack the transnational scourge of the modern era which intended to crush democratic freedom. Terrorism was a faceless monster which must be stamped out. Legitimacy and respectability should not be conferred on terrorists by referring to them as armed opposition groups. Algerians would not let anyone

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give them lessons on human rights since there was no country anywhere where human rights had not been violated, and no individual or organization could pretend to be the sole conscience of humanity.

GEORGE SALIBA (Malta) said slow but steady progress was being registered in dialogue among Governments on human rights issues -- focusing attention on the right to development, enhancing public information activities on human rights, and increasing cooperation between government and civil societies. Strengthening the role of the United Nations in human rights activities could be instrumental in fostering an ethic of trust and cooperation among all nations, given the diversity of interpretations of human rights across cultures, societies and political legal systems.

He said the Secretary-General's efforts to integrate human rights in United Nations activities at the Headquarters and field levels was an important step towards fostering trust and cooperation. He stressed the importance of education and public campaigns of basic human rights and fundamental freedoms, focusing on the rights of the most vulnerable and disadvantaged sectors of society.

He went on to say that Malta had taken all necessary measures at the national level to promote and protect human rights. Discrimination based on race, sex, religion, disability, language or social status was prohibited by law and was respected in practice. An independent press, an effective judiciary and a functioning democratic political system combined to ensure freedom of speech and of the press. The European Convention for the protection of human rights and fundamental freedoms had been incorporated into Malta's national legislation. He said the time had come for the serious and practical assessment of what had been achieved and what had not been achieved in living up to the principles and values enshrined in the Universal Declaration of Human Rights as well as the commitments made at Vienna.

ABDELFATTAH EL KADIRI (Morocco) said the right to development encompassed a comprehensive economic and social process. A decade after adoption of the Declaration on the right to development, he said, the picture was not bright. More than a billion people in the world lived in extreme poverty in a world full of conflicts and xenophobia. States had the responsibility to implement provisions in the Declaration on the right to development, but translating the concept into reality depended on favourable conditions internationally.

Despite its limited resources, Morocco actively promoted human rights, he said, but it could not do so without cooperation. Among priorities was the need to enhance the role of women in development, by training them in line with roles they would assume in the market economy and by protecting their rights.

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PE THEIN TIN (Myanmar) said many developing countries, including Myanmar, viewed human rights from a different perspective from that enshrined in the Vienna Declaration and Programme of Action. While they fully supported those initiatives, from the point of view of developing countries, there were other aspects to human rights, such as the right to development, shelter, food, clothing and the right to live in peace in security. These were basic rights for an existence worthy of human dignity; the immediate and hasty implementation of more sophisticated aspects of human rights was pointless.

He said there were human rights principles applicable to all, but inherent differences in approach and implementation of human rights practices should be kept in mind and priorities established accordingly. While individual rights were important, community rights had also to be respected.

On the situation in his country, he said unity of the national races was important for the preservation of Myanmar's independence and sovereignty, as well as for its economic and social development. The Government's genuine efforts to develop the border areas fostered confidence. Armed groups had returned to the legal fold and were now engaged in development projects in their regions. There was only one group that preferred to stay outside the legal fold but even to them the Government was keeping the door open for negotiations.

He noted that this year, along with the Lao People's Democratic Republic, Myanmar had been admitted to Association of South-East Asian Nations (ASEAN). The anarchic situation and strife which overran his country nine years before had changed radically, with peace, tranquillity and economic progress replacing the chaos, lawlessness and "mobocracy" of 1988. In accordance with these new realities, the State Law and Order Restoration Council was replaced on November 15 by the State Peace and Development Council to symbolize that Myanmar would continue to enjoy unprecedented peace and economic development that would usher in an era of a lasting peace and prosperity never witnessed or enjoyed by the 135 ethnic races of Myanmar during its 50 years of independence.

CHANG BEOM CHO (Republic of Korea) said the international community should build on the momentum gained by the adoption of a resolution of the recent session of the Commission on Human Rights on the right to development. The reconfigured Office of the High Commissioner for Human Rights should continue to place a high priority on the issue. Economic, social and cultural rights were no longer perceived as secondary to civil and political rights. They should complement rather than supplant each other and be promoted in a mutually reinforcing manner.

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Stressing that violence against women was a serious affront to human dignity and fundamental human rights, he said the unbearable suffering endured by military sexual slaves during the Second World War, "the so-called comfort women", should never be dismissed as an issue of the past. Such violence continued to haunt women during military conflicts. He supported the recommendations of the Special Rapporteur on Violence Against Women, which underlined specific measures that the Japanese Government should take, including accepting legal responsibility, paying compensation and issuing a written public apology to individual victims. It was regrettable that as yet no significant steps had been taken to accommodate those recommendations nor the collective demands of the victims themselves.

He said the Third International Conference of New and Restored Democracies convened in Bucharest in September, reflected a positive trend in strengthening the global process of democratization. The Republic of Korea would continue to be an active participant in that endeavour. The diverse cultural, historical and political distinctions, as well as the varying degrees of development, that existed in the Asia-Pacific region might enable that region to have a more lively and insightful discussion on the issue of regional cooperation on human rights.

ISAAC E. AYEWAH (Nigeria) said the five-year review of the Vienna Declaration and Programme of Action and the commemoration of the Universal Declaration next year should be an opportunity to promote a new spirit of shared responsibility, international cooperation and enhanced understanding. The tendencies towards fault finding, selectivity and partiality in the assessment of human rights situations in Member States should be shunned. He said Nigeria believed in the universality, indivisibility and interrelatedness of human rights and fundamental freedoms. States which were powerful should not take unilateral punitive measures against weaker States on the pretext of human rights violations; the masking of political scores in that way created confusion and misunderstanding, and tended to undermine genuine efforts to promote and protect human rights. It also created the appearance of interference in the internal affairs of other States and the undermining of international cooperation in the field.

He said Nigeria was fully committed to fulfilling its obligations freely undertaken as a signatory to the human rights Covenants, the principles and ideals of the Universal Declaration and the commitments made under the Vienna Declaration and Programme of Action. In that connection, the Government had established a national commission on human rights made up of eminent jurists, academics, journalists and trade unionists, as recommended by the Vienna Declaration. Other changes had also been made.

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On democratization in Nigeria, he said the Government had embarked on a phased transition programme which would usher in an elected civilian government on 1 October 1998. This had already included the setting up of the national electoral commission, the registration of five political parties, and the successful election on a party basis of all local government councils in Nigeria. "In effect, democracy has taken root at the level where it matters most, the grassroots", he said.

Legislative elections at the state level were to take place on 6 December. The presidential election and the elections for the federal legislative houses were due by August next year, with the swearing-in of an elected president on 1 October 1998. To underscore its determination to end military rule, the Government was empowering the national electoral commission to make adjustments, where necessary, to the transition timetable but no adjustment should change the 1 October 1998 terminal date. He said he questioned the real motives and intentions of those who still expressed scepticism about, and showed impatience with, the transition programme. Nigeria remained committed to its transition timetable and would count on the understanding and support of the international community.

M. ROSS HYNES (Canada) said no government had a monopoly on the moral high ground on human rights, and the annual debate on human rights situations presented one of the most difficult, sensitive challenges faced each year. Citing a number of global trouble spots including Nigeria, Myanmar, the Democratic People's Republic of Korea, Cuba and Afghanistan, he said there were States who argued that human rights had to be suppressed to foster stability and economic development. Nothing could be further from the truth. Respect for human rights was a vital factor in building the rule of law, which was at the heart of long-term stability and sustainable growth. Economies could grow in spite of a poor human rights environment, but they would never grow because of one, nor would they reach their full potential when basic rights were curtailed.

Internal conflicts were justified to abuse human rights, he continued, and it was argued that exceptional circumstances justified exceptional measures. But a government that, in efforts to suppress terrorism or armed opposition, failed to respect the rights of its citizens soon lost the trust and loyalty of its people. He said Canada itself was not free of human rights problems, but the fundamental obligation owed to the international community was not just to cooperate in solving internal problems but to go further and promote universal respect for human rights and fundamental freedoms for all.

AHMAD AL-HARIRI (Syria) said human rights had to be considered in context; it was wrong to try to impose human rights on others without knowing their cultural specifics. Only dialogue would help bring any two sides together. All human rights had to be balanced and all had to be given the

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same importance. Syria considered economic, civil and political rights equally important. It had signed the two international covenants. It considered the rights of women to be particularly important and linked to development.

Syria affirmed the importance of human rights by its actions, he said. It considered all human rights to be indivisible. Why did the international community close its eyes every day to the rights of people being violated in Palestine and in the Syrian Golan Heights? Issues labelled as human rights were being exploited for reasons that were not humanitarian. Syria rejected double standard politics in human rights. Non-interference had to be the basis of implementing human rights standards.

DATO MARZUKI MOHAMED NOOR (Malaysia) said that when the Universal Declaration of Human Rights was adopted 50 years ago, the United Nations had 56 members. Now it had 185. It was time to hear the views of the countries which had not existed in 1948. The inter-relation of the two questions regarding universality of standards and universality of approach had not yet been debated, he said. Universality of human rights had to be based on the recognition of the particularities of culture, geography and history, and in order to realize common aspirations, the importance of tolerance, understanding and common decency could not be negated. "The culture of tolerance is the culture of human rights", he said.

The dichotomous positions of the developed and developing countries on that issue had to be bridged, he continued. They had different perspectives and approaches, which had to be reconciled if there were to be civil and constructive dialogue on what could easily be a highly contentious and acrimonious debate. The right to development was the final step sealing the Universal Declaration of Human Rights, the final evolution of the progress made since its adoption. It emphasized both individual and collective rights.

MUSINGA T. BANDORA (United Republic of Tanzania), referred to the report of the Special Rapporteur on the human rights situation in Burundi. He said Tanzania and countries of the Great Lakes region were concerned that the protracted nature of the civil war in that country was detrimental to the enjoyment of human rights there. They shared the Special Rapporteur's view that the proliferation of arms in Burundi had served to fuel civil strife. There was need to stem the flow of arms into the country; an international arms embargo against the warring parties in Burundi must, therefore, be instituted and strengthened.

Tanzania believed the problems in Burundi derived from years of political rigidity and conflict, which had directly contributed to the violations of human rights. The countries in the region were now trying to assist Burundi emerge from the present crisis through dialogue and

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negotiations for political accommodation which would allow the Burundi people a peaceful transition to democracy. The region had the support of the international community, in particular of the Organization of African Unity (OAU) and the United Nations.

He said his delegation had been "appalled" by the misinterpretation of facts and malicious assertions in the report of the Special Rapporteur to the effect that the economic sanctions imposed against the Burundi military authorities was a violation of human rights. The sanctions, he said, were imposed to support the cause of human rights in Burundi and not otherwise. They should therefore be continued until there were clear signs that the Burundi authorities were willing to return to dialogue for peace. The Special Rapporteur had misrepresented the situation on the ground; it was a matter of public record that the sanctions on all food products, items relating to education and construction materials, medicines and agricultural items and inputs had been suspended as of April this year. In addition, a limited amount of fuel had been allowed in for use by humanitarian agencies to meet the needs of the people. The region had expressed its unequivocal position that once dialogue took root even the fuel embargo would be lifted.

He said Tanzania therefore took strong exception to the Special Rapporteur's report and in particular his assertion on sanctions. The sanctions were for the limited objective of peace. It was an objective shared by the OAU and the United Nations, and one which the Special Rapporteur ought to be supporting and not undermining. Tanzania also took exception to the suggestion by the Special Rapporteur that an arms embargo be imposed upon the Great lakes region generally. This was an attempt to infringe on the sovereignty of the countries of the region.

Rights of Reply

SHAHIRA HASSAN WAHBI (Sudan), in right of reply, referred to the statement of the European Union that there were reports of human rights violations in Sudan. She asked whether those reports were based on confirmed facts. She said there were reports of human rights violations in all 185 Member States of the United Nations and yet the European Union had chosen to cite some 33 countries or regions, nearly all from the developing world. The Union had reflected human rights violations as related to degree or stage of economic and social development achieved; in the future, it should consider the importance of economic and social rights, particularly the right to development.

Sudan was exerting genuine effort to meet its obligations in the field of human rights, she said, and the European Union should not turn a blind eye to the violations committed by the only remaining rebel faction in southern Sudan.

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Responding to Japan, she said that while she supported Japan's cooperative approach in handling human rights issues, that approach should have made Japan refrain from selecting a few countries about which to express concern with regard to human rights.

MYONG NAM CHO (Democratic People's Republic of Korea) said he rejected the view of Canada, who had spoken as an "avenging angel". Canada had taken advantage of a natural disaster in his country to make a point.

FERNANDEZ PALACIOS (Cuba) said no government had a monopoly on human rights. Canada and Cuba had had fruitful exchanges. Cuba was circulating a report on the kinds of journalists that the representative of Canada had referred to as being mistreated in Cuba last year. Countries like Canada should look at the situations in their own countries.

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