HIGH COMMISSIONER FOR HUMAN RIGHTS CALLS FOR GREATER EFFORTS AT CRISIS PREVENTION, MORE ACTION TO PREVENT VIOLENCE AGAINST WOMEN
Press Release
HR/CN/822
HIGH COMMISSIONER FOR HUMAN RIGHTS CALLS FOR GREATER EFFORTS AT CRISIS PREVENTION, MORE ACTION TO PREVENT VIOLENCE AGAINST WOMEN
19980323 High Commissioner for Refugees Tells Commission Root Causes of Refugee Displacement are Invariably Violations of Human Rights(Reissued as received.)
GENEVA, 19 March (UN Information Service) -- The High Commissioner for Human Rights, Mary Robinson, told the Commission on Human Rights this morning that the fiftieth anniversary of the Universal Declaration of Human Rights was no reason for self-satisfaction or complacency -- not in a decade when there had been two genocidal onslaughts affecting hundreds of thousands of people.
But, she added, the Declaration's message of hope had no better illustration than the end of apartheid and the transition to full democracy in South Africa, and the election this year of a South African as Chairman of the Commission on Human Rights.
Offering a review of the global situation five years after the Vienna World Conference on Human Rights, Mrs. Robinson called for greater emphasis on prevention rather than reaction to crises. She cited the situation in Kosovo as an example calling for preemptive measures by the international community. She added that she would be giving particular attention in her work to preventing violence against women and trafficking in women and girls, and issued a series of challenges to governments and non-governmental organizations on matters such as fighting racial discrimination and expanding programmes of human rights education.
The Commission also heard an address by the United Nations High Commissioner for Refugees, Sadako Ogata, who said the root causes of refugee displacement were invariably violations of human rights, and the existence of refugees and other forcibly displaced peoples were an indication of a society's incapacity to resolve its problems by peaceful rather than violent means.
Also addressing the Commission were the Deputy Minister of Foreign Affairs of Mozambique; the Attorney General of Mexico; the Minister for Justice of Gabon; and the Minister for Foreign Affairs of Bahrain.
As the Commission continued its consideration of the right to self-determination, statements were made by representatives of Bangladesh, Sudan, United States, Botswana and the Russian Federation, as well as by representatives of the Committee on the Elimination of Discrimination Against Women, United Towns Agency for North-South Cooperation, Centre Europe - Tiers Monde, and International Educational Development.
Statement by High Commissioner for Human Rights
MARY ROBINSON, High Commissioner for Human Rights, introducing her five-year review of the Vienna Declaration and Programme of Action on human rights, said that after 50 years with the Universal Declaration there was no reason for self-satisfaction or complacency. Two times during this decade, for example, there had been situations of genocide affecting hundreds of thousands of people. Rape was systematically used as a weapon of war; torture and extra-judicial executions and disappearances continued to occur.
In spite of this, the message of human rights was a message of hope that things could change, she said. The presence of the Commission Chairman, who came from South Africa, was proof of that. Democracy in South Africa was the strongest message of encouragement the Commission could hope for that things could change and the Commission could help them change.
It was time to recognize that the international community had tended to react to human rights violations after the event, the High Commissioner said. She believed that it was possible to take effective steps to prevent and forestall situations before they became situations of grave human rights violations. The current events in Kosovo were a worrying reminder of this necessity.
Her office would prioritize efforts now under way to support and work with rapporteurs, treaty bodies, agencies and programmes to combat violence against women and children worldwide, Mrs. Robinson said. She proposed to address in particular the worsening problem of trafficking in women and girls, which had been brought home to her in Cambodia and Thailand, and which she was aware was an acute problem in other regions such as central and eastern Europe.
States that commented on others' human rights performances during this session of the Commission would, she hoped, recognize that no State was without human rights problems, and would avoid unnecessarily antagonistic statements and resolutions.
The Vienna Declaration provisions concerning national action plans had received relatively little implementation, Mrs. Robinson said, and she was therefore very heartened by a recent Asia-Pacific workshop held in Tehran, at
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which a regional arrangement for technical cooperation had been adopted by 35 countries. She urged all States to draw up such plans.
It was worth noting that three years after the deadline set at Vienna, there were still two Member States which had failed to ratify the Convention on the Rights of the Child, the High Commissioner said. It also was a matter of concern that certain countries still refused to cooperate fully and openly with human rights Special Rapporteurs and working groups.
Non-governmental organizations had an important role to play in ensuring that people were educated on and supported in exercising their human rights, and she welcomed the successful outcome of the working group on human rights defenders and trusted that the Commission would endorse the group's draft declaration by consensus.
Among challenges to governments in the field of human rights, the High Commissioner said, were to end violations against women, children, minorities, and migrants, and to end racial discrimination; to ratify international humans rights treaties; to adopt national plans of action and to include human rights in national economic priority setting; to ensure human rights education for all; to establish national human rights institutions; and to make progress towards eradicating poverty.
Among challenges to non-governmental organizations, she said, were to reinforce education and information on human rights; to develop wide partnerships and a broad approach for action; to alert governments and United Nations bodies to dangers of violations; and to make human rights and respect for human dignity a part of daily life.
Statement by High Commissioner for Refugees
SADAKO OGATA, United Nations High Commissioner for Refugees, said the fiftieth anniversary of the Declaration was a fitting moment to reflect not only upon the remarkable progress that had been made in defining human rights standards and principles but more importantly, what had yet to be achieved. Today, human rights remained an unfulfilled promise to millions around the world. On a daily basis, her Office was witness to the successes and failures in implementing human rights standards. In previous years at the Commission she had described how the whole refugee experience -- from forcible displacement, provision of asylum and the search for solutions -- was related to the protection of human rights.
The root causes of refugee displacement were inextricably linked to conflict, persecution and the denial of human rights, she said. The very existence of refugees and other forcibly displaced people were therefore a barometer of a society's incapacity to resolve its problems by peaceful,
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rather than violent means. Factors such as acute poverty and the effects of cumulative discrimination often reflected a society's unequal distribution of its wealth and privileges. Those factors could, in turn, lead to civil and political instability which lay at the root of forced displacement. That was why it was important to mainstream human rights in all work -- whether it be of a humanitarian, political, or development character.
She remained convinced that the principle of asylum remained of fundamental importance, Mrs. Ogata said. If respected, that principle would serve a dual purpose: it would provide a predictable and structured legal framework for the international protection of those whose safety was most at risk, while also defining those who did not deserve or need that protection; and it would give different "actors" on the international, regional and national stage, the "breathing space" to explore solutions which would resolve not only the plight of those who had been forcibly displaced, but also the underlying causes themselves.
Mrs. Ogata said the work of the Commission during the current session was important to ensure that the monitoring role of the United Nations treaty bodies was more effectively implemented. That would improve accountability of States to their treaty commitments and would lend credibility to the human rights system as a whole. Equally, the process of accountability should not be limited to States but should also extend to individual perpetrators of serious human rights violations. The initiative to establish a permanent international criminal court, following the experience of the two special International Criminal Tribunals for Rwanda and the former Yugoslavia, was valuable. Those institutions were important to ensure that human rights violations could not be committed with impunity.
Other Statements
FRANCES RODRIGUES, Deputy-Minister for Foreign Affairs and Cooperation of Mozambique, said the process of consolidation of democratic institutions and positive developments in national reconstruction and reconciliation were paving the way in the country, day after day, for better human rights. Long years of war had left many scars; social exclusion was still a problem, and returnees, internally displaced persons, the handicapped and orphans were among the most neglected members of society. A vast reform programme of education curricula was under way, aimed at introducing the teaching of human rights at various school levels. The first municipal elections were scheduled for later in the year, and the persistence of human rights abuses in some quarters had led, among other things, to a programme of police reform and reorganization, with emphasis on civil education, respect for civil rights, the scope and meaning of the rule of law, and proper professional conduct.
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Despite the negative effects of the prolonged armed conflict, Mozambique was succeeding in restoring the moral and social tissue of the country, Ms. Rodrigues said. There now was no room for revenge, rivalry between ethnic groups, or the pretence of supremacy of some over others.
A serious challenge to all were the many landmines still spread through the landscape, she said. Without their removal, national recovery from the war would be virtually impossible. Landmines continued to kill and wound civilians, and if they could not be dealt with citizens would remain effectively landless.
Development was another major challenge, the Deputy Foreign Minister said. The country fully supported the objectives and purposes of the Declaration on the Right to Development adopted by the General Assembly. Today, the economic imbalances prevailing between the rich and poor were a serious threat to international peace and security.
JORGE MADRAZO, Attorney General of Mexico, said that five decades after the adoption of the Universal Declaration of Human Rights, there should be no doubt that human rights were a legitimate and priority subject in the international agenda. Mexico had incorporated in its legal order norms emanating from the international human rights movement. It was the intention of the Government to fully comply with its international commitments in the human rights field. It was paradoxical however that after 50 years of international experience in the protection of human rights there were still some who loudly and belligerently denounced human rights violations outside their national borders when their own governments ignored advances in human rights.
Mr. Madrazo said that Mexico had the largest non-jurisdictional system of protection in the world, complementing a judicial system that had become an example for other Western countries to follow. Furthermore, non-governmental organizations on human rights acting as observers were accepted. However, Mexico realized that the struggle for human rights had not been completely won. It was aware of its weaknesses. In this context it was necessary to raise in the Commission two problems of great concern for Mexicans, namely the massacre in Acteal, Chiapas, on 22 December, and the efforts to reach a just and dignified peace in that region.
Mr. Madrazo said that immediately after the massacre President Ernesto Zedillo had ordered the Attorney-General to investigate the events. To date, the Attorney-General's office had initiated legal proceedings against 124 people. The investigation into the events at Acteal reflected the clear will of the government to fight impunity and to re-establish the rule of law in the region.
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As for efforts to reach a peaceful settlement in the region and create an adequate legal and constitutional framework to govern the relationship between the Mexican State and indigenous populations, he said President Zedillo had recently submitted to the country's Senate a series of reforms and additions to seven articles of the Constitution. That initiative sprang from the awareness that there were still different forms of discrimination against indigenous people in Mexico. The initiative grouped all the points contained in the San Andres Larrainzar Accords between the Government and the EZLN.
MARCEL ELOI RAHANDI CHAMBRIER, Minister of Justice of Gabon, said the Commission was an important forum where delegations from almost all nations used the opportunity to review areas of major concern on the agenda. The effective respect for human rights was one of the main objectives of the international community. This required all to respect the rule of law.
Mr. Chambrier said 1998 was a year of important events including the celebrations for the fiftieth anniversary of the Universal Declaration of Human Rights, taking stock of the Vienna Declaration and Programme of Action, and preparations for the World Conference on Racism. The world was the scene of increasing intolerance and racism which should not leave States indifferent.
Gabon was a fervent defender of human rights and had settled numerous conflicts in Africa, Mr. Chambrier said. Gabon had established a multi-party system in 1990 and had made progress with its democratic process. Its respect of human rights enabled it to develop and fully use the skill of its people. Gabon had established a consistent policy and structures to protect human rights.
In spite of all efforts carried out in the past 50 years, the Commission still had to denounce massive violations of human rights in the four corners of the world, Mr. Chambrier said. Africa had made progress with human rights and the right to development, but unfortunately, there were still violations. Africa requested increased assistance from the United Nations to consolidate instruments for the monitoring of human rights. A decision had been taken by the Organization of African Unity (OAU) to set up an African Court for Human Rights. At the same time, the setting up of an international criminal court with appropriate resources would also mean the end of impunity for the authors of atrocities.
SHAIKH MOHAMMED BIN MUBARAK AL-KHALIFA, Minister for Foreign Affairs of Bahrain, said concern for human rights required, first of all, working together to free people from poverty, hunger, and disease. It also was important to focus on the suffering of some peoples who were under occupation, such as the Palestinians, who were struggling against Israeli authorities for the right to determine their own destiny and attain their legitimate rights.
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Continued human rights violations there were a disgraceful violation of international principles and of the Geneva Conventions of 1949. Events in Kosovo also deserved close international attention: the racial, cultural and religious discrimination displayed there were a very serious matter and required condemnation.
Bahrain worked diligently on behalf of international peace and security and currently played a role on the Security Council, the Foreign Minister said. Within Bahrain there was full respect for fundamental rights and freedoms. The Constitution had incorporated the principles contained in the Universal Declaration of Human Rights. The country wished to stress, however, that it was important to respect the religious, cultural and traditional particularities of States and societies so that human rights were not taken as a pretext for political ends contradictory to a society's values, or as a basis for interference in the internal affairs of States.
Bahrain was a party to a number of human rights conventions, the Foreign Minister said, and recently had ratified the Convention against Torture.
Statements in Debate
SALMA KHAN, Chairperson of the Committee on the Elimination of Discrimination against Women, said the Convention on the Elimination of All Forms of Discrimination against Women had entered into force 17 years ago and had been ratified or acceded to by 161 States. However, the Committee was aware that the Convention did not automatically confer the rights it articulated, and mechanisms designed to actualize them were not often available to women. There remained a sizeable gap between vision and reality. Over its last three sessions, there had been significant progress in the work of the Committee. In addition to reviewing the reports of 25 States parties and formulating concluding comments with respect to these reports, the Committee had concluded general recommendation 23 on "women in public life" and had substantially concluded its work on general recommendation 24 which concerned women and health.
At the forty-second session of the Commission on the Status of Women, progress had been made on the elaboration of an optional protocol which would allow the Committee to consider individual complaints, she said. Delegates at that Commission stressed the importance of concluding a strong protocol that would take account of the difficulties women faced in accessing legal remedies for violations of their human rights, but at the same time would build on existing and widely accepted principles.
FRANCISCO XAVIER BUILO, of United Towns Agency for North-South Cooperation, said that in all the five continents, many nations and peoples were reduced to silence and the most cruel forms of poverty to protect the
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interests of certain Powers, in spite of international law. Some governments deliberately violated the Universal Declaration of Human Rights by perpetrating crimes against humanity. All abuses of human rights and abuses of power should be condemned morally and politically. The Secretary-General, in his report to the Security Council on the United Nations verification mission in Angola (MONUA), had said that the conflict in the enclave of Cabinda continued to slow down the peace process. United Towns Agency was seriously concerned about the flagrant violations of human rights in Cabinda. The Commission should look into the manifest violations of human rights in Cabinda and should take note of the request of the Cabinda people to have a referendum on their self-determination.
MALIK OZDEN, of Centre Europe - Tiers Monde, said Morocco had a strange fashion of preparing itself for a referendum on Western Sahara: there was intimidation; there was taking of prisoners and others simply had disappeared; those arrested were sometimes released a few days later without ever being charged; some participants in planning committees had been killed. Moroccans should take a sincere, fair approach to this referendum, as it was taking place under the auspices of the United Nations. Government-sponsored media coverage should be fair -- currently much of it was misleading. It was difficult to have access to the area, and so difficult for neutral observers to tell if the run-up to the voting was taking place in an open, non-threatening atmosphere.
KAREN PARKER, of International Education Development, said the annual review of the world's wars showed that viable self-determination claims were a substantial factor in 17 of today's 34 major armed conflicts. Self-determination claims were also made in nearly half of the 20 near-wars. In her view, it was foolhardy to attempt to stifle viable claims through a rigid, glaringly political stance. As the Secretary-General of the United Nations had said, "there is no formula which should be imposed". The reality of the wars in Sri Lanka, East Timor, the Israeli-occupied Territories, Turkey and the situations in Chechnya (Russian Federation), the Moluccas, "Burma", Cyprus, and now Kosovo, were already taking their toll. Failure to address those in light of the viable claims of self-determination involved in each case would guarantee a failure to resolve them.
IFTEKHAR AHMED CHOWDHURY (Bangladesh) said occupation, not to speak of its continuation even in the face of international resistance, ran counter to the political ethos on which the international order rested. The arbitrary imposition of external authority on a people, and the denial of their nationhood, went against the United Nations Charter itself. Despite some positive political changes in the occupied territories, including the transfer of certain powers to the Palestinian Authority, Israeli occupation continued to be in force. As long as the West Bank, southern Lebanon and the Syrian Golan remained under its occupation, there could not be any abdication of
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responsibility on the part of Israel with regard to human rights in those territories.
Despite the peace process, the Palestinians continued to be deprived of their rights, he said. They were yet to achieve their independence and their national sovereignty, conditions that were a sine qua non for the restoration of their dignity. He urged the Government of Israel to dispel the growing disquiet that Israel was trying to pre-empt the outcome of the negotiations on the final status by endeavouring to change the demographic composition of Jerusalem.
GASIM IDRIS (Sudan) said the question of the violation of human rights in the occupied Arab territories, including Palestine, was extremely important because of the continuous deterioration of the situation there. Israel continued to detain Palestinians, to build settlements, to confiscate Palestinian houses and land, and to carry out illegal measures to change the demography of Jerusalem and other occupied lands. Meanwhile, the Syrian population in the occupied Golan continued to endure violations by Israel which imposed laws there contrary to United Nations resolutions. Israel was trying to change the demographic composition of the Syrian Golan by, among other measures, imposing Israeli identity cards on Syrians. Sudan appealed to the Commission to react to this situation.
NANCY RUBIN (United States) said 1997 had not been a good year for the Middle East peace process, and the Palestinians and Israelis were going to have to make some hard decisions soon if it was going to go forward. But suggestions that the process was dead were wrong; the two parties were still talking to each other. The United States was working with the two sides to increase security cooperation and the fight against terrorism, further Israeli redeployments in the West Bank, and accelerate permanent-status negotiations on sensitive issues such as Jerusalem.
Of all the nations of the world, meanwhile, only Israel had a Commission agenda item assigned to it, she said. Israel was not without fault -- no nation was -- but to hold it to a standard that far exceeded that to which any other nation was held was unfair. Similarly, the Special Rapporteur for the occupied territories was the only one to have an open-ended mandate. Agenda reform for the Commission could usefully start with the elimination of item 4, which specifically referred to Israel, and consideration of the country under item 10, as was done with other nations under Commission scrutiny. It also was time to move beyond the heavy-handed and unbalanced resolutions that had clogged item 4 for years; they did not help the peace process.
LEGWAILA J. LEGWAILA (Botswana) said making peace between two peoples who, rightly or wrongly, had regarded each other for so long as mortal enemies was understandably a very difficult and risky enterprise. But, it could be
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done. The people of South Africa had done it at the end of more than three centuries of struggle. In 1990, the practitioners of the diabolic ideology of apartheid recognized the folly of their resistance to change and had reached across the chasm of racial polarization to reconcile with their black brothers. In the same manner, a start had been made in the Middle East towards peace between Israel and the Palestinian people. There was a lot in common between the Jewish people of Israel and the Palestinians in their endurance of the horrors in their history. What was at issue here was essentially the right of the Palestinian people to self-determination. A conflagration in the Middle East was inevitable the longer that right was denied.
B.S. KRYLOV (Russian Federation) said the Commission was forced to note that the peace process in the Middle East had become deadlocked. Russia was in favour of reaching a settlement based on the Madrid principles, the Oslo agreements, Security Council resolutions and the principle of land for peace. The Russian Federation regretted the acceleration in the building of Israeli settlements, which had worsened the situation in the occupied Arab territories and which had become a serious obstacle to the peace process. The achievement by the Palestinian people of all its inalienable rights, including the right to self-determination, would help Israeli interests because it would strengthen security and install good relations with its neighbours. The economic development of Palestinian territories was an important precondition for stability and the Russian Federation regretted that Israel was unwilling to hold a constructive dialogue on that issue. On the issue of terrorism, a serious threat to peace, the Russian Federation was convinced that the peace process should not be held to ransom by extremists.
Concerning self-determination, the representative said there was a need to clarify the concept. In contemporary international law, self-determination was not admissible to the detriment of other principles. Self-determination could not be separated from the principle of territorial integrity. The Russian Federation was a multi-ethnic society and it respected individual human rights and fundamental freedoms. It believed that the federal type of State structure created the best conditions for the development of people while respecting the State.
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