HUMAN RIGHTS COMMISSION CONSIDERS VIOLATIONS IN OCCUPIED ARAB TERRITORIES, EFFECT OF USE OF MERCENARIES ON RIGHT TO SELF-DETERMINATION
Press Release
HR/CN/821
HUMAN RIGHTS COMMISSION CONSIDERS VIOLATIONS IN OCCUPIED ARAB TERRITORIES, EFFECT OF USE OF MERCENARIES ON RIGHT TO SELF-DETERMINATION
19980320 (Reissued as received.)GENEVA, 18 March (UN Information Service) -- The Commission on Human Rights this afternoon considered issues ranging from reported abuses in the occupied Arab territories to how mercenaries contribute to the violation of human rights, including the right of peoples to self-determination.
The Commission also continued to hear general statements from visiting senior officials. Hikmet Sami Turk, State Minister in charge of human rights in Turkey, said that his country was very concerned about the spread of racism and xenophobia, especially in Western Europe. More serious measures were needed to protect some 3 million innocent Turkish citizens who lived and worked in Western Europe, he stated.
Rudolf Adada, Minister for Foreign Affairs of the Republic of Congo, said two recent civil wars had ruined all the hopes and efforts of his country, killing thousands and partially destroying the country's infrastructure. Both wars had resulted in massive human rights violations. President Denis Sassou Nguesso had engaged in promoting peace and national reconciliation and had resumed the process of democratization on a solid basis, he added.
During the general debate, Enrique Bernales Ballesteros, Special Rapporteur on the use of mercenaries, introduced his latest report on the subject, saying that without exception mercenary activities appeared to lead to abuses.
Another item currently under discussion at the Commission is the question of the violation of human rights in the occupied Arab territories, including Palestine. Delegations condemned the deterioration of human rights in the occupied Arab territories and called for a resumption of peace talks and the implementation of such agreements as the Oslo and Madrid accords.
Addressing the meeting were the representatives of China, Republic of Korea, Madagascar, Japan, Morocco, Cuba, Ukraine, Tunisia, Saudi Arabia, Armenia, Jordan, Iraq and Egypt. The following non-governmental organizations also made statements: International Federation for the Protection of the
Rights of Ethnic, Religious, Linguistic and Other Minorities; and Society for Threatened Peoples.
As the meeting opened, Commission Chairman Jacob Selebi (South Africa) said it was with deep sorrow that he informed the meeting of the death of five staff members of the United Nations Verification Mission in Guatemala (MINUGUA) in a helicopter crash. The Commission observed a moment of silence.
Statements
HIKMET SAMI TURK, Minister of State in Charge of Human Rights of Turkey, said human rights were an evolutionary process and required constant work and attention; serious violations occurred even in the most developed countries. No State could claim perfection in that field and for that reason international human rights forums should be platforms where understanding, cooperation, and solidarity prevailed; they should not be used as arenas where a number of countries were accused with certain aims. Criticism against any country should be impartial, fair, and constructive, and should not be based on double standards.
The country was very concerned with the spread of racism and xenophobia, especially in Western Europe, he said. More serious measures were needed to protect some 3 million innocent Turkish citizens who lived and worked in Western Europe. The country also welcomed the work carried out by the Commission to protect migrant workers.
Turkey had been faced in recent years with separatist terrorism that threatened the right to life, the most basic of human rights, he went on. Turkey believed the international community had an important responsibility to help combat and prevent such terrorism wherever it occurred. To date, the terrorist organization PKK had cost more than 5,000 innocent civilian lives in Turkey. It was important, always, to ask what country might next be the site of such a scourge. Turkey was taking all necessary measures to protect and promote human rights in the face of the terrorist threat; it took all allegations of human rights violations seriously and investigated them thoroughly; it was working on measures to expand further the fundamental rights and freedoms of its citizens. Among a number of recent steps to that end were a draft law to amend various provisions on freedom of opinion and expression and a draft law to replace the Turkish Penal Code.
RUDOLF ADADA, Minister for Foreign Affairs of the Republic of Congo, said his country had not been able to ensure the best promotion and protection of human rights despite the aspiration of the people as expressed in a national conference held in 1991. The peaceful political change of August 1992 had created a feeling of legitimate pride and given rise to hope that Congo would serve as a model for the African process of democratization.
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However, he continued, five years later, that dream had been transformed into a nightmare: national unity became division, development changed to destruction, and death took over life. Two civil wars had ruined all the hopes and all efforts. The first, from November 1993 to February 1994, had killed 3,000 people and displaced more than 300,000 others. The second had resulted in the death of 10,000 people, while 600,000 people had been forced to live in deplorable conditions. The country's infrastructure was partially destroyed while that of the capital city was wholly damaged. Both civil wars had resulted in massive human rights violations.
None the less, the country's President, Denis Sassou Nguesso, after assuming power, had immediately engaged in promoting peace and national reconciliation. In addition, he had resumed the process of democratization on a more solid basis than before.
Right to Self-determination: Documentation
The Commission has before it a report of the Secretary-General on the situation in occupied Palestine (E/CN.4/1998/30) which says that in accordance to a request by the Commission, he has addressed a note verbale to the Minister for Foreign Affairs of Israel and to all other Governments requesting information pertaining to the implementation of the resolution 1997/4, which, among other things, reaffirmed the inalienable right of the Palestinian people to self-determination without external interference.
The Commission also has before it a report on the question of the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, submitted by Enrique Bernales Ballesteros, Special Rapporteur (document E/CN./1998/31). The report states that mercenary activities are a form of violence, condemned by United Nations bodies, which have been used to hamper the exercise of the right to self-determination of peoples and to violate human rights. Mercenary activities may also be considered as leading to serious crimes, such as attempts on the lives of selected persons, terrorist attacks against installations and drug and arms trafficking.
The report recommends that, considering that mercenary activities have become diversified and are undergoing a transformation and acquiring characteristics that make them far more of a threat to the enjoyment of human rights, the Commission should reaffirm its condemnation of these activities and should suggest to all States that they should incorporate practical measures in their national legislation to prohibit the use of their territory for the recruitment, training, assembly, transit, financing and use of mercenaries. Mercenary activity should be treated in every respect as an unlawful and prosecutable act and a continuing offence. The Commission should also call for a study on ways of reinforcing international prevention, action
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and intervention machinery in order to strengthen the exercise of human rights and promote the rule of law in countries threatened or weakened by armed conflicts, thereby ensuring that the purpose of hiring private security companies is solely to obtain technical and professional advice on military matters or police protection, within the legal framework expressly laid down.
Statements
JACOB SELEBI (South Africa), Chairman of the Commission, said it was with deep sorrow that he informed the meeting of a helicopter crash involving the United Nations Verification Mission in Guatemala (MINUGUA). Five staff members -- from Australia, Bolivia, Guatemala, Spain and Uruguay -- had died in the crash, and four others had been wounded, including two who were in serious condition. Two of those who had died were serving as United Nations Volunteers (UNV) -- delegations had already heard about the exemplary work of UNV on Monday during the session on mainstreaming human rights within the United Nations. As a tribute to the work of the deceased and to others who were involved with human rights around the world, the Chairman ensured that their efforts would be carried on to strive to make the message of human rights accessible to all.
ENRIQUE BERNALES BALLESTEROS, Special Rapporteur on the use of mercenaries in the violation of human rights, introducing his report to the Commission (document E/CN.4/1998/31), said that mercenary activities appeared without exception to lead to abuses. Mercenary conduct was not only in violation of human rights and international law, but mutated to adapt to new situations. Following the end of the cold war, the use of mercenaries continued, among other things in the guise of profit-making firms who hired out their services. His report could be used as a source of information and reference, he hoped; the document also reviewed a number of specific incidents in which mercenaries caused human rights violations. A recent case in Cuba in which an attack was apparently funded by anti-Cuban Government organizations based in Miami had drawn a response from the United States Government after he had finished his report, in which the Government condemned such activities aimed at violence and terrorism, the Special Rapporteur said.
The report also described the use of mercenaries in various conflicts in Africa, he continued. Although a private security firm had temporarily restored order to Sierra Leone, even worse disorder had occurred as soon as the firm left; in general, it was a mistake to expect such firms to carry out the activities of a "State" -- they might restore order but could not deal with matters such as justice administration or self-determination or achieve the legitimacy that belonged only to a popularly accepted government. Effective short-term results through the use of such firms should not be
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expected to lead to long-term peace or security. Meanwhile, the firms' exercise of power often resulted in loss of internationally accepted judicial and civil rights.
SHI YANHUA (China) said the Middle East peace process was facing the most difficult situation since the signing of the Oslo accords. After building at will Jewish settlements in East Jerusalem, Israel had refused to continue the withdrawal of its troops from the West Bank. That had landed the peace talks in an impasse and renewed the tension between Israelis-Palestinians just as they had begun to improve. The Chinese Government and people had always supported the Palestinian people in their struggle for the restoration of their legitimate rights, including the right to self-determination. In the same manner, China firmly believed that a just and comprehensive peace in the Middle East was the common aspiration of the countries and peoples of the region. In her opinion, under the current situation, the parties concerned should continue with the peace talks on the basis of the relevant United Nations resolutions and in keeping with the principle of "land-for-peace". They should also renounce all forms of terrorism and acts of violence so that the national security of States and a normal life of the people could be fully guaranteed.
JOONG KEUN KIM (Republic of Korea) said that despite certain positive developments since the signing of the Oslo accords, the state of human rights in the occupied territories remained disturbing. That unfortunate scenario was only compounded by rash acts that endangered the stability of the peace process, the chances for reconciliation, and the human rights of all peoples in the region. The peace process in the form of the Oslo accords must be genuinely pursued as the best means of restoring confidence and ensuring the respect for human rights and the rule of law. Also, the international community should foster economic development in the region. The Republic of Korea wished to reaffirm its support for a political solution that duly reflected the United Nations resolutions concerning the situation in the occupied territories.
MAXIME ZAFERA (Madagascar) said a number of resolutions of the Commission, the Security Council and the General Assembly condemned the many violations in the occupied Arab territories. Madagascar felt frustration and deep concern about the continuation of the violations, the obstacles raised by Israel and the continued refusal of that country to implement relevant resolutions. Israel continued its policies of settlements, expropriation of lands, collective punishments and torture during interrogation. Human rights violations in the region must cease, otherwise hopes raised after the Madrid Conference would be compromised. The international community must support the effective implementation of agreements and the resumption of negotiations.
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Regarding Western Sahara, he said Madagascar hoped there would be a solution this year with the holding of the self-determination referendum under the aegis of the United Nations and the Organization of African Unity. The settlement of that issue was important for peace and stability in the region.
NOBUTOSHI AKAO (Japan) said that if the present stalemate in the Middle East continued, there was a real danger that the peace process launched in Madrid in 1991 with such vigour and promise could be damaged. The urgent need for all the parties directly concerned to make their best efforts for setting the peace process back on track could not be overemphasized. Japan strongly urged the parties to make every possible effort to overcome the difficulties that were preventing them from resuming full-fledged negotiations. Japan maintained its commitment to participate actively in the international efforts in support of the Middle East peace process. It would also make use of every opportunity available to assist the parties directly concerned through strengthening its dialogue with them and through offering cooperation for improving the environment for expediting the direct negotiations. Japan was actively participating and offering economic assistance to the Palestinians, who were suffering severe economic hardships. In an effort to stabilize the Palestine community, Japan had decided to extend a new aid package of $18.5 million last February. With that assistance, the total amount of aid extended by Japan to Palestine had reached $340 million.
NACER BENJELLOUN-TOUMI (Morocco) said the peace process started a few years ago had given rise to great hopes in the Middle East; unfortunately the courage and sustained effort that went into reaching those agreements today seemed to be very seriously threatened. Very little progress had been made of late; there was a deadlock on several important negotiating topics; the Israeli army had not been redeployed. Confidence had been seriously undermined following the Israeli decision to continue and even step up its programme of building settlements; the policy was unacceptable. In addition, there were further violations of the rights of the Palestinian population; there was a lack of respect for the Geneva Convention of 1949. For negotiations to succeed, there had to be trust and serenity; instead Israel was creating frustration and anger. Israeli actions in ignoring United Nations resolutions were setting a dangerous precedent; the country must fulfil its obligations to the United Nations and the peace process; it was essential that the human rights situation in the occupied territories be improved, Palestinian detainees released, and Israeli troops withdrawn from the occupied regions.
CARLOS AMAT FORES (Cuba) said the question of the situation in the occupied Arab territories, including Palestine, had been on the Commission's agenda since 1969. On many occasions, the Commission had adopted resolutions condemning the flagrant and massive violation of Palestinian human rights and denounced the illegal occupation of the Arab territories by Israel. The peace
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process, which encompassed the expectations and hopes of the international community, had been brought to a critical phase by Israel's intransigent policies. The resumption of settlement activities was at the root of the deadlock of the peace process. Cuba was also concerned over the Israeli Supreme Court's blessing of the use of "moderate physical pressure" in the questioning of Palestinian detainees.
VALERIY KUCHINSKY (Ukraine) said the Commission was being held at a time when the Middle East peace process was going through one of its most critical stages. Ukraine strongly condemned the violations of human rights and all acts of terrorism. It called on the parties to refrain from actions that could undermine a very fragile atmosphere of peace. Ukraine recognized the right of peoples to self-determination as an inalienable right of all nations. However, it should be emphasized that the principle of self-determination did not automatically imply the right to territorial secession. Ukraine strongly believed that the right to self-determination should be exercised with strict observation of adherence to the principles of democracy; protection of human rights and the rights of national minorities; recognition of inviolability of state borders, and peaceful means of solving disputes.
He said Ukraine had granted to one of its regions, the Crimea, an administrative autonomy with the aim of preventing the escalation of tension there. Unfortunately, some political circles in the Crimea had turned down the idea of autonomy and claimed territorial separation from Ukraine. What was important was that all persons belonging to national, linguistic, religious and other minorities in the Crimea, as well as in Ukraine as a whole, were granted all constitutional rights and freedoms, including the right to special protection, preservation of ethnic identity, and self-expression.
KAMEL MORJANE (Tunisia) said the treatment of Palestinians under Israeli occupation continued to deteriorate; human rights violations were repeated. The Israeli Government continued in its expansionist polices; it continued to imprison thousands of Palestinians, a practice also rife in the occupied Syrian Golan; torture, furthermore, was practiced by the Israelis during interrogations, and United Nations resolutions calling for an end to such behaviour continued to be ignored. Tunisia had been committed to the peace process and had pursued it energetically; it was now in a state of grave crisis; hopes were dimming. An appeal should be addressed to the Israeli Government that it respect the relevant resolutions; the situation might collapse to the point where peace throughout the region was imperiled; international efforts to end this deadlock must be intensified and greater pressure brought to bear on Israel.
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TURKI AL-MADI (Saudi Arabia) said the continued occupation of the Arab territories , including Palestine, by Israel, had given rise to bitterness and revolt. The occupying Israeli authorities had continued their expansionist policies through the confiscation of lands belonging to Palestinians. Palestinians were also the target of torture, despite Israel's ratification of the Convention against Torture. Border closures without any valid reasons had severely damaged the economy of the Palestinian population. The recent killing of three Palestinians by Israeli police without reason was yet another grave violation of human rights by Israel. The Israeli Supreme Court's authorization of the use of physical pressure during the interrogation of detainees was also a matter concern.
ACHOT MELIK-CHAHNAZARIAN (Armenia) said the Commission had a tradition of debating the issue of self-determination first. That priority was easily explained since the shape of the world today was based on the principle of self-determination. However, it was regrettable that there were some who were trying to make that principle obsolete. Some claimed that it had fulfilled its historical role and was no longer applicable, while others maintained that self-determination was out of date. The rights of Armenians in Nagorny Karabakh were based on the right of self-determination as well as on historical and legal parameters.
The delegate added that in order to abstain from the politicization of debates within the Commission and to concentrate on human rights, Armenia unilaterally renounced the use of its right of reply during this session and invited others to do the same. That unprecedented gesture would enable the Commission to concentrate on the many issues before it.
ABDULLAH MADADHA (Jordan) said the peace process had undergone a constant degradation over the past two years, and great hopes for the future were being sacrificed; lasting peace could not be achieved without a commitment to respect human rights in the occupied territories, and without honest efforts to achieve social and economic development. It was inconceivable that the international community could stand silent until the peace process was completed before putting an end to the grave and daily violations of the human rights of Palestinians. Broader regional perspectives should be employed in approaching the Middle East peace process, and it should be stressed that stability could not be attained without giving due regard to Palestinians' rights to self-determination. The Israeli Government's policy confirmed suspicions raised about its sincerity relating to the peace process; it must cooperate fully with the Special Rapporteur.
MOHAMMED SALMAN (Iraq) said a direct armed threat against his country by the United States and the United Kingdom had undermined Iraq's sovereignty and independence. Iraq, as a developing country, had achieved its independence through struggle. However, the present situation in the region had direct
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consequence on Iraq's self-determination and right to exist as recognized by international law. Iraq was not able to exercise its authority in the northern part of its territory because of direct military intervention by the United States. An "exclusion zone" had also been declared in the southern part by the United States and the United Kingdom, thus depriving the country of its sovereignty. The United States had also been interfering in Iraq's internal affairs by supporting opponents and by stirring up internal conflict.
MOUNIR ZAHRAN (Egypt) said he had spoken of the crisis facing the Middle East peace process and the flagrant violations of human rights by Israeli forces, which had led to an escalation of the violence and a dead end to the peace process. An end must be put to this vicious cycle of violence. Israel must be obliged to respect its peace commitments and acknowledge that Palestinians had inalienable rights, including the right to self-determination and to their own State. There should also be a withdrawal of Israeli forces from all occupied Arab territories, including East Jerusalem. It was extremely worrisome the way that the situation was complicated because of Israel's refusal to acknowledge the Palestinians' right to self-determination. And Israel was not content to just ignore the right to self-determination -- it also confiscated land to establish settlements.
KEALOHA PISCIOTTA, of the International Federation for the Protection of the Rights of Ethnic, Religious, Linguistic, and Other Minorities, said the right of self-determination was particularly significant to indigenous peoples with a history of colonial domination. For example, the Kingdom of Hawai'i had been an independent nation which had negotiated international treaties with 13 States now seated in the United Nations General Assembly; in 1893, the peaceful Kingdom was taken over by the United States; although the United States now legally admitted that native Hawaiians had been deprived of their right to self-determination, it refused to confer on Hawaiians the self-governing status provided to American Indians and Alaskan natives; they were not allowed to control their land, which was held in trust by the state of Hawai'i; these people were excluded from self-determination because of their race, culture, and national origin. Promises and guarantees of international human rights conventions were meaningless as long as the indigenous peoples of the world were denied the right of self-determination.
ISAK CHISHISNU, of the Society for Threatened Peoples, said the occupation of Free Nagaland by the Indian and Burmese armed forces, in total violation of the Naga nationhood and the determined resistance put up by the people, had lasted 50 years. Nagaland, with an area of 47,000 square miles and a population of three million, lay between Burma, China and India. The Nagas were completely offended by the hypocrisy of India, which committed genocide in its backyard but preached non-violence to the outside world. The
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Nagas determinedly resisted the naked aggression with all the means at their disposal. Fierce fighting had gone on for 10 years with no favourable change from India.
MIGUEL ALFONSO MARTINEZ (Cuba) said he wished to express reservations about the availability of documentation in time to be considered by the Commission. It was important for members of the Commission to have reports in good time so that they could consult with their capitals. He would not make any proposals, but merely wanted the Chairman to take note of the issue, particularly regarding the work of the Commission in the second week. Cuba wanted to facilitate the work of the Commission, not hamper it.
Right of Reply
AMANDEEP SINGH GILL (India), speaking in right of reply, said the Foreign Minister of Pakistan had politicized and exaggerated in a manner contrary to the pleas of all at the beginning of the session for a spirit of genuine cooperation and dialogue; it was evident that as far as the Pakistani delegation was concerned, these appeals had fallen on deaf ears. Pakistan was only concerned with domestic impressions; the Foreign Minister had taken liberties with the truth in his statement. India had been trying to build a bridge of constructive, bilateral dialogue with its neighbour; such statements hindered the process. Pakistan's large-scale involvement in instigating terrorism in Jammu and Kashmir gave the lie to any claims it made for the welfare of the territory, which was and always would be an integral part of India.
SYRUS QAZI (Pakistan) said a genuine change of heart should come from India regarding the situation in Kashmir; it should limit its activities in that region. India did not allow a proper plebiscite to be carried out in Kashmir. It should stop sending its army there. India was not in a good position to accuse another State of terrorism.
HUMAYUN TANDAR (Afghanistan) said he wanted to react to what had been said by the Minister for Foreign Affairs of Pakistan, who had mentioned human rights in Afghanistan. What the Foreign Minister had mentioned had taken place during an offensive by the Taliban. The atrocities of the Taliban included attacks on women and children and cutting off of heads and mutilation of children by bayonets. Afghanistan would speak in detail about that incident later. It was true that some Taliban died during the military offensive they had initiated. Afghanistan would not mention either the name or the nationality of the high-ranking diplomat or the nationality of the plane which had accompanied the offensive; suffice it to say that Afghanistan had sent them back. The barbarous acts of the Taliban could not be accepted by the international community.
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SYRUS QAZI (Pakistan) said the representative of Afghanistan was perhaps under a misapprehension. In fact, all factions involved in the Afghan conflict had been invited to the country; the intent was to try to resolve the conflict with the help of all neighbours. The policy was sincere. Pakistan admitted, moreover, that there had been extensive violations of human rights in Afghanistan; it felt that they could be ended through peaceful reconciliation. One subject not discussed had been the murder of 3,000 Taliban fighters, and so Pakistan had mentioned the matter; it did not claim other violations had not occurred, and it was ready to discuss any and all of them.
CHRIS A. OSAH (Nigeria), referring to a statement made by the Minister for Foreign Affairs of Cameroon this morning, said that the Minister had decided to introduce into the Commission the matter of Cameroon's territorial claim over Nigeria's Bakassi Peninsula, which Cameroon itself had taken to the International Court of Justice. In addition, there were no Cameroon prisoners of war in Nigeria because, "we are not at war with Cameroon".
AUGUSTIN KONCHO KOUOMEGNI (Cameroon) said he did not want to go back to the border conflict between Cameroon and Nigeria. He had spoken of Cameroonian prisoners of war detained in Nigeria who were not permitted visits. Nigerian prisoners of war in Cameroon were allowed visits by the International Committee of the Red Cross (ICRC) at any time. As the Commission was discussing human rights, it was the ideal forum to bring up this problem without affecting the judicial case being conducted elsewhere. Cameroon wanted the Commission, among its resolutions, to invite Nigeria to respect human rights in the case of Cameroonian prisoners of war. For 36 years, the two countries had tried an African solution but had had no success.
CHRIS A. OSAH (Nigeria) said the delegation did not realize that Nigeria and Cameroon were at war.
AUGUSTIN KONCHO KOUOMEGIN (Cameroon) said that it was only the delegation of Nigeria who ignored the existence of a war between the two countries. Armed confrontation resulting in death had been taking place in the Bakassi Peninsula. In 1993, Nigeria had entered Bakassi and occupied Cameroon's territory. Only three months had elapsed since then without war.
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