HUMAN RIGHTS COMMISSION HEARS STATEMENTS ON INTERNATIONAL CRIMINAL COURT SITUATION IN KOSOVO
Press Release
HR/CN/818
HUMAN RIGHTS COMMISSION HEARS STATEMENTS ON INTERNATIONAL CRIMINAL COURT SITUATION IN KOSOVO
19980318 Also Begins Consideration of Situation in Occupied Arab Territories(Reissued as received.)
GENEVA, 17 March (UN Information Service) -- Support for the establishment of an international criminal court and expressions of concern about the situation in Kosovo marked this afternoon's meeting of the Commission on Human Rights, which continued to hear from an extensive list of senior officials from around the world.
Hilde Frafjord-Johnson, Minister of International Development and Human Rights of Norway, said it was high time to establish an international criminal court to deal with the most serious violations of international humanitarian law. Klaus Kinkel, Federal Minister for Foreign Affairs of Germany, also expressed his country's strong support for such court.
Bris Frlec, Minister of Foreign Affairs of the Republic of Slovenia, called on the Commission to condemn what he called "the flagrant suppression" of individual and collective rights of the Kosovo population, while Ljerka Mintas-Hodak, Deputy Prime Minister of the Republic of Croatia, said only immediate and decisive action on the part of the international community could stop an acceleration of the negative developments and human rights violations in that area.
The Commission also heard from Eduardo Stein Barillas, Minister of Foreign Affairs of Guatemala; José Gregori, National Secretary for Human Rights of Brazil; Gorgi Spasov, Minister of Justice of the Former Yugoslav Republic of Macedonia; and Kamal Thapa, Minister of Foreign Affairs of Nepal. The representatives of Greece and The former Yugoslav Republic of Macedonia spoke in exercise of the right of reply.
Beginning its general debate for this fifty-fourth session, the Commission then took up consideration of the question of the violation of human rights in the occupied Arab territories, including Palestine, hearing a
statement from Hannu Halinen, Special Rapporteur on that issue. In his latest report, Mr. Halinen writes that the overall assessment of the human rights situation in the occupied territories remains disturbing. The delegations of Tunisia and India also addressed this question.
In the latter part of the meeting, the Commission began consideration of the organization of the work of the session. Under this item, the delegations of the Republic of Korea, India, Bangladesh, Germany, China and Sri Lanka addressed the Commission.
Statements
HILDE FRAFJORD-JOHNSON, Minister of International Development and Human Rights of Norway, said her country was focusing increased attention on human rights within its society. It wanted to make sure that its own house was in order if its efforts to address human rights violations abroad were to maintain credibility. Respect for human rights in Norway was enshrined in laws, enacted by courts and monitored by the Ombudsman. Some of the human rights issues currently being addressed included policy towards asylum seekers and refugees, racial discrimination, the use of remand in custody, gender equality, the rights of the disabled and the rights of the Sami people and of minorities, including the Romany people.
She said that the Norwegian Government was also encouraging business and industry to give a higher priority to human rights issues. The Government had also declared its intent to bring development aid back up to 1 per cent of its gross national product (GNP) within this parliamentary period, as a measure to help countries promote and realize the right to development.
Human rights standards were neither selective, nor relative, she said. Those obligations were universal, and Norway did not accept reservations to the human rights treaties which were incompatible with their objects and purposes. There was still a long way to go. Despite progress that had been made, the spread of internal conflicts was particularly serious. It was high time to establish an international criminal court to deal with the most serious violations of international humanitarian law. Norway had consistently supported the idea of such a court.
KLAUS KINKEL, Federal Minister for Foreign Affairs of Germany, said that in the 50 years since the adoption of the Universal Declaration, much had been achieved. More people than ever before lived in democracies, the number of countries self-sufficient in food had doubled in recent years and access to education and training had dramatically improved. Horrendous abuses of human rights continued, however, and much remained to be done. After the ghastly atrocities that had taken place, the Great Lakes region was still struggling to return to normal. The terror in Algeria defied all understanding. In
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Kosovo, the spiral of violence and counterviolence had to be stopped. There was an urgent need for meaningful dialogue between Belgrade and the Kosovo Albanians, among other things on the subject of Kosovo's political status. The peace and stability of the entire region were at stake.
At the heart of human rights policy must be prevention, he said. Such a policy addressed the whole of life and called for an integrated approach. The debate surrounding the right to development had helped all to grasp this connection. Field operations were useful in building structures for development and peace, and together with South Africa and Poland, Germany would host an international meeting in Bonn at the end of May to discuss issues connected with this aspect of United Nations work. During the past six years, Germany had supported well over 200 projects in the field of the rule of law as well.
It was absolutely crucial to stop torture, he said. Steps were also needed to better protect the rights of children and the rights of women. The vile and degrading trafficking of women and girls, a lucrative business in recent years, must be stopped, and the European Union had adopted a plan of action to combat it. Germany strongly supported the proposal to set up an international criminal court, the Foreign Minister added.
BORIS FRLEC, Minister of Foreign Affairs of Slovenia, said that 50 years after the adoption of the Universal Declaration, the world was still facing gross violations and denials of human rights and fundamental freedoms. A close connection between violations of basic rights and freedoms and national and international peace was evident in all too many recent crises, such as in the Great Lakes region, the war that ravaged Bosnia and Herzegovina and in the current explosive situation in Kosovo.
He urged the Commission to condemn what he said was the flagrant suppression of the individual and collective rights of the Kosovo population, including the unacceptable use of force against the civilians. Full access to Kosovo by the International Committee of the Red Cross (ICRC) and other international organizations should be allowed immediately.
Slovenia supported the integration of a human rights dimension in the global United Nations development agenda, as well as further debate on the better implementation of economic, social and cultural rights, including the right to development, he said. Regarding the implementation of human rights, he believed that better use should be made of the existing regional mechanisms, such as the Council of Europe, with its comprehensive and progressive set of human rights norms and its advanced implementation system.
LJERKA MINTAS-HODAK, Deputy Prime Minister of Croatia, said that this year had marked a significant turning point for Croatia, with a positive
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impact on the quality of human rights protection within the country. Croatia had finally achieved a level of peace, stability and security that enabled it to channel its priorities towards social and economic development and the further promotion and protection of human rights. Despite the positive measures undertaken to date, it had been estimated by the Office of the High Commissioner for Human Rights that Croatia would require some $44.6 million to implement programmes of reconciliation and confidence-building, together with humanitarian activities in the region.
She said that there was a need to improve coordination between the different international organizations monitoring human rights so as to avoid the overlapping of mandates, as well as a need to switch from monitoring activities to technical assistance and cooperation in countries like Croatia. The concept of human rights was a universal one, and it was important to emphasize that human rights should not be invoked with the underlying motive of imposing political pressure.
While the human rights situation in Croatia had improved significantly, the Government remained deeply concerned abut the situation of human rights in the region, particularly in Kosovo, she said. The situation there remained unchanged and the problems entirely unresolved. Only immediate and decisive action in Kosovo on the part of the international community could stop an acceleration of the negative developments and human rights violations there.
EDUARDO STEIN BARILLAS, Minister of Foreign Affairs of Guatemala, said that 14 months had passed since the signing of the peace accords in his country. He did not think further discussion of concepts was necessary, but instead a discussion of action. Guatemala was a democracy under construction, still fragile and incomplete, and struggling to establish the full rule of law and respect for human rights. Internal armed conflict was in the past, and the Government and the former armed opposition group were working together to make progress. Much remained to be done to reverse long-standing problems of exclusion and discrimination resulting from four decades of internal armed conflict. The constructive work performed by the Commission and various friendly countries on behalf of Guatemala was appreciated. These benign agents had not interfered with the negotiations but had facilitated rapprochement between the negotiating parties and had helped with the disarmament process. Compromises had been reached, justice was being sought and democracy was taking root. Human rights measures had entered into force some three years before the final peace agreements were signed, and had given rise to a United Nations peacekeeping mission and to observer teams. Six substantive agreements and four operational agreements had followed.
Now the focus was on constructing a new, shared nation, he said; parity commissions were working to involve all in national life at levels not seen before. Steps had been taken to fight impunity and to bring to justice any
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agent of the State who violated human rights. A national legal code for children had been adopted. One lesson learned was that human rights should never wait for other progress. Another was that development was critical. Without it, despite efforts in other areas, poverty and marginality could increase.
JOSÉ GREGORI, National Secretary for Human Rights of Brazil, said the Brazilian Government and society were deeply committed to human rights and democratic values. Throughout 1998, a great number of activities would be held to mark the fiftieth anniversary of the Universal Declaration of Human Rights. In a not too distant past, it would have been unimaginable to envisage such commemorations.
The current year would also witness the celebration of the fifth anniversary of the Vienna Declaration and Programme of Action on human rights, he said. In order to implement the recommendations of the Vienna Declaration and the Programme of Action, Brazil had established a national programme on human rights, launched in 1996. The programme was aimed, among other things, at guaranteeing protection and access to justice by vulnerable groups of society. It was also aimed at abolishing discrimination against minorities and promoting the rights of the black community by educating them to understand their human rights.
He said that concrete and significant measures had already been taken within the framework of the national programme on human rights. Among them were steps applying sanctions for the crime of torture. Also, a national system of arms control had been established which made the carrying of weapons an offence. A mechanism had been created to investigate past forced disappearances, and measures had also been taken to reform land ownership.
He said that human rights were inherent, and no one could take them away from the human being. The struggle for democracy and human rights was a permanent process which should be pursued by all.
GORGI SPASOV, Minister of Justice of The former Yugoslav Republic of Macedonia, said that in the 50 years since adoption of the Universal Declaration of Human Rights, the international community had created an impressive infrastructure of rules and standards covering all categories of human rights and freedoms. However, standards alone were not sufficient to exercise human rights and freedoms, and the readiness of countries to apply and respect such standards in practice was indispensable. This necessitated a broad-based, comprehensive approach in the development of human rights culture through education, advisory services and economic support.
He said there was a correlation between economic, social and cultural rights on the one hand, and civil and political rights on the other. The
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well-known triad of human rights, democracy and development had to acquire its real meaning. The role of non-governmental organizations and of human rights defenders was of invaluable importance to both developing and developed countries.
He said that today, the Republic of Macedonia was an active member of the international community. It was proud that the process of gaining its independence had taken place without violence and had been completed with no human victims.
KAMAL THAPA, Minister for Foreign Affairs of Nepal, said that despite their economic difficulties, many developing countries, including Nepal, were doing their best to promote and protect human rights. It was not an easy task. For people living below subsistence levels and struggling every day to find bread and shelter, attainment of basic human needs was the first and foremost human right. Exploitation and poverty in many parts of the world were the most fertile ground for terror and violence. Hence, decision makers at all levels should strive to create environments where democracy and development could flourish.
Nepal believed it was counterproductive to promote human rights selectively and to use them for extraneous purposes, including their imposition as conditionalities in aid, trade and other economic transactions, he said.
Nepal was a party to 15 human rights instruments and was now engaged in economic development with the help of many friendly countries and international organizations, he said. However, for the past nine years it had borne the burden of 100,000 refugees in camps in eastern Nepal. Little progress had been made in efforts to find a negotiated settlement to enable the refugees to return home safely, and he urged the international community to help Nepal in resolving this problem.
Right of Reply
EMMANUEL MANOUSSAKIS (Greece), speaking in exercise of the right of reply, said the Minister of Justice of The former Yugoslav Republic of Macedonia had not referred to that country by its correct name, The former Yugoslav Republic of Macedonia.
The representative of The former Yugoslav Republic of Macedonia, speaking in exercise of the right of reply, said the constitutional name of her country was the Republic of Macedonia. The Commission could understand attempts to deny the people of a country the right to the name that they used.
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Organization of Work, Documentation
The Commission had before it an interim report of the United Nations High Commissioner for Human Rights on the five-year review of the implementation of the Vienna Declaration and Programme of Action (document E/CN.4/1998/104). It states that by thoroughly analysing progress made in the implementation and pinpointing difficulties and obstacles to their full realization, the "Vienna+5" review offers a unique opportunity to improve comparative knowledge of the current condition of human rights and thus guide future action. On this basis, the international community will be able to fully exploit the potential of the Declaration and Programme Action, which will remain an invaluable yardstick for measuring progress in the years to come. An early lesson which can already be drawn from the review process is that the "spirit of Vienna", which made the final consensus at the World Conference possible, must prevail in their implementation if they are to serve as a lasting example of the possibilities for cooperative international efforts to promote and protect human rights.
The document states that progress achieved in the implementation of the Declaration and Programme Actions does not merit self-satisfaction on the part of the international community, as too many case of serious human rights violations continue to occur every day.
Also before the Commission was a note by the secretariat on statistics relating to the fifty-third session of the Commission (document E/CN.4/1998/109).
The Commission would also consider a letter from the head of the delegation of the United States to the Commission on Human Rights addressed to the Chairman of the Commission (document E/CN.4/1998/117). The letter refers to an incident during the fifty-third session of the Commission, when the observer for the Palestine Liberation Organization charged that the Government of Israel had deliberately infected some 300 Palestinian children with the HIV virus. The American delegation states that it has learned that the newspaper that was the source of the observer's information has retracted the original article and requests the Chairman to demand that the observer for the Palestine Liberation Organization retract the remarks and apologize for the harm done to the image of the United Nations.
In a letter from the Permanent Observer of Palestine to the United Nations Office at Geneva addressed to the United Nations High Commissioner for Human Rights (document E/CN.4/1998/123), the Palestinian delegate writes that his statement before the Commission was based on many sources, including press sources. The letter points out that the Commission has condemned the Israeli occupation authorities repeatedly for committing war crimes, crimes of
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genocide and crimes which have been disturbing the peace and security of mankind for more than 25 years.
The Commission also had before it a report of the United Nations High Commissioner for Human Rights on the follow-up to the World Conference on Human Rights (document E/CN.4/1998/122), which states that the human rights programme is full of promise and faces great challenges, as its response to problems must be universal.
According to the report, the United Nations must ensure that respect for human rights is central to the new ethical and moral challenges confronting the world. A crucial tool in reaching this objective will be the mainstreaming of human rights across the United Nations system, including the Bretton Woods institutions. It says that hand in hand with improving the capacity and performance of the secretariat goes the reform and strengthening of the work of the human rights organs, treaty bodies and the special procedures system, so that they too can make their own specific contribution in response to the new demands of the world situation. All these activities must be carried out within limited regular budget resources. There was a need for voluntary contributions to support and implement the growing number of activities.
Violation of Human Rights in Occupied Arab Territories
The Commission had before it a report on the situation of human rights in the Palestinian territories occupied since 1967, submitted by Special Rapporteur Hannu Halinen (document E/CN.4/1998/17). The report states that the overall assessment of the human rights situation in the occupied territories remains disturbing. Some positive developments can be recognized, particularly regarding work permits and certain other economic measures, as well as in the treatment of medical cases. The main concerns relating to the Israeli Government, however, remain unchanged.
The document says that the peace process, while addressing itself to the root cause of violations -- the foreign occupation -- still provides a framework and a guarantee for the eradication of human rights problems in the area. The peace process was in need of revival.
In the report, Mr. Halinen stresses that his mandate as Special Rapporteur has to be reviewed. The only reason for amending the mandate is the respect for human rights, and the Special Rapporteur has to have a sufficiently broad mandate to contribute to achieving that goal. To that end, the Special Rapporteur needs to be given equal treatment with other special rapporteurs. Every effort also has to be made to increase awareness of all aspects of human rights, in order to find solutions to the prevailing problems.
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He states that full credit is to be given to the Palestinian Authority and people for their oneness in discussing the human rights situation and for their cooperation with the Special Rapporteur. He also notes that the Government of Israel has so far refused to receive the Special Rapporteur for reasons connected with the mandate, and encouraged Israeli authorities to have the courage to look beyond the mandate and cooperate fully with international human rights mechanisms.
The Commission also had before it a report of the Secretary-General on the question of the violation of human rights in the occupied Arab territories, including Palestine (document E/CN.4/1998/18). It states that the Secretary-General brought resolution 1997/1 to the attention of the Government of Israel and all other governments and specialized organizations. No reply had been received at the time of the preparation of the present report.
The Commission will also review a note by the Secretary-General (document E/CN.4/1998/19) which lists all United Nations reports issued between sessions of the Commission and dealing with the conditions in which the citizens of the Palestinian and other occupied Arab territories are living under Israeli occupation.
The Commission also has before it a document from the Permanent Observer of Palestine to the United Nations Office at Geneva (document E/CN.4/1998/4), which states that the Israeli military occupation has imposed collective punishment on the inhabitants of Hebron and tightened the military blockade on it. Another from the Permanent Observer of Palestine (document E/CN.4/1998/7), charges that the Israeli occupation authorities are committing new crimes of genocide against the Palestinians in the occupied Palestinian territories, as well as in the regions under the control of the Palestinian Authority. Still another letter from the Permanent Observer for Palestine (document E/CN.4/1998/8), claims that the Israeli Ministry of Health has given up to 1,000 authorizations to drug companies in order to experiment with dangerous drugs on more than 4,000 Palestinians detained and imprisoned in Israeli jails. A letter from the Assistant Secretary-General of the League of Arab States and Head of Directorate-General for Palestinian Affairs addressed to the High Commissioner for Human Rights (document E/CN.4/1998/112) is also before the Commission. A letter from the Permanent Representative of Israel to the United Nations Office at Geneva (document E/CN.4/1998/116), calls the attention of the Chairman of the fifty-third session of the Commission to the "abduction and brutal murder of three Palestinians in May 1997 who had been involved in bona fide real estate transactions with Israelis". Another from the Permanent Representative of Israel (document E/CN.4/1998/124) states that Israel had been reluctant to dignify the "outrageous and totally false" allegations by the Palestinian Observer, who claimed that Israel has allowed
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pharmaceutical companies to experiment with dangerous drugs on more than 4,000 Palestinians detained by Israel.
Additional Statements
CHUL-KI JU (Republic of Korea), Asian Group Coordinator, said the fiftieth anniversary of the Universal Declaration of Human Rights and the concurrent fifth anniversary of the Vienna Declaration and Programme of Action presented the Commission with an ideal opportunity to take effective measures towards attaining the common objective of rationalizing the work of the Commission. Constructive dialogue and cooperation, accompanied by genuine transparency, would contribute to the real enhancement of human rights. Agreement among members would undoubtedly intensify the collective voice of the Commission, thereby cohesively promoting human rights around the world. The Asian Group would continue to work for the full realization of human rights. He hoped that the current session would be recognized as a starting point in a new era of agreement and cooperation in the collective striving to that end.
SAVITRI KUADI (India) said a search for practical measures to improve the Commission's effectiveness and facilitate its smooth functioning must remain an important aspect of deliberations. India welcomed the initiatives announced by the Chairman of the Commission to reform its methods of work, impose discipline and enhance transparency in consultations on resolutions. The question of the reform of working methods had both substantive and procedural aspects. India had stressed the need to avoid politicization, double standards and selective targeting in the work of the Commission. The Commission must move away from confrontational approaches and pursue the path of identifying solutions, which alone could make the ideals enshrined in the Universal Declaration a reality for all people in all parts of the world.
IFTEKHAR AHMED CHOWDHURY (Bangladesh) said it was hoped that the bureau would be able to decide on issues raised by the Asian Group early in the course of the current session. The Group saw reform not for reform's sake but for the sake of genuine rationalization of the institutions involved, and for their work. It regretted not having been able to make meaningful forward movement on reform through previous Chairman's consultations, and called for progress in this crucial area. Bangladesh viewed human rights in holistic terms, as linked to democracy, the rule of law, the pursuit of justice, the search for peace and the quest for development. It believed these matters should be addressed in a concerted and comprehensive manner. It hoped the Commission could make further progress on the issue of cooperation and consultation, and expressed deep satisfaction that progress appeared to be occurring on an agreed draft declaration on the rights of human rights defenders. It was hoped that a text could be adopted at this session and subsequently at the General Assembly.
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MICHAEL SCHAEFER (Germany) said the Western Group was fully aware of the importance of the Chairman's statement on organization of work adopted during the Commission's most recent session. He said the Group would fully implement the statement. Responding positively to the proposal made by various delegations would facilitate the work of the Commission.
WU JIANMIN (China) said the Chairman had expressed the hope to have a calm and dignified session. China shared this wish and was ready to cooperate to translate it into reality. In order to ensure the success of the session, China wanted to make two observations on the organization of work. First, the Commission had to try and see common ground and cooperate on the basis of equality and mutual respect. In the Commission, the difference of views would continue to exit, and this reflected the diversity of the world, but there was also a lot of common ground. Secondly, the Commission should give adequate attention to economic, social and cultural rights, as well as to the right to development. The universality of human rights was indisputable, but the Commission should note that different countries and regions had different priorities for their human rights. For the 4.9 billion people in the developing world, the priorities were the right to subsistence, development and social, economic and cultural rights. One must first be able to survive, then enjoy other rights.
S. PALLIHAKKARA (Sri Lanka) said the Commission needed reform to proceed, in view of its increasingly important and complex workload. Sri Lanka supported the statements of the Asian Group and of the Bangladeshi delegation. Further, it supported strict adherence to time-management measures and hoped there would be no parallel meetings, as smaller countries found it difficult to service them. The accreditation process could be further improved to keep precious time available for legitimate participants. Further control was needed over the increasing documentation burden. Resources had to be increased to avoid delays. Review of the overall agenda needed to be undertaken. Approaches based on openness and cooperation should be stressed in the Commission's work.
HANAN HALINEN, Special Rapporteur on the question of the violation of human rights in the occupied Arab territories, including Palestine, introduced his report. He said the statement he made one year ago when introducing his report could be repeated today almost word for word. In his latest report, the description of human rights concerns was wider than before. There was a special emphasis on prisoners, administrative detainees, women and children. He said that in his conclusions and recommendations, the main concerns remained the same.
KAMAL MORGAN (Tunisia) said it was his pleasure to address the Commission on behalf of the Arab Group. The fifty-fourth session of the Commission was taking place while difficult circumstances reigned for the
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inhabitants of Israeli-occupied Arab territories. The insistence of the Israeli occupation authorities in denying the human rights of the inhabitants had led to the deterioration of living and economic conditions and had left them hopeless of improvement for the future. The Arab Group was not exaggerating what took place in the occupied territories. Rather, it only highlighted the reality which was being reported. The Arab delegations had hoped that the Madrid peace conference would bring peace to the region and that a Palestinia state would be established. However, little time had elapsed before these hopes were dashed. Israel continued to build new settlements, to create a fait accompli and to alter the occupied Arab territories, in particular Arab Jerusalem. The Arab Group denounced the Israeli actions in the occupied Arab territories, and also stressed the desire for a comprehensive peace.
H.K. SINGH (India) said the agenda item had been a concern of the Commission for years, and India had long advocated full respect for the human rights of the Palestinians. It was therefore dismayed at the recent turn of events in the Middle East peace process. It was convinced that human rights could not be set aside to await the outcome of the process. It was necessary to take account of continued foreign occupation of Palestinian territory, the legalized use of torture during interrogations and the continued establishment of illegal settlements. There had been little visible progress during recent negotiations. India called on all the parties to faithfully execute agreements already endorsed. It urged them to intensify efforts to achieve a just and lasting peace in the region on the basis of relevant United Nations resolutions.
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