COMMISSION ON HUMAN RIGHTS HEARS STATEMENTS FROM SENIOR OFFICIALS FROM HOLY SEE, SWEDEN, SAUDI ARABIA, YEMEN, ZAMBIA
Press Release
HR/CN/824
COMMISSION ON HUMAN RIGHTS HEARS STATEMENTS FROM SENIOR OFFICIALS FROM HOLY SEE, SWEDEN, SAUDI ARABIA, YEMEN, ZAMBIA
19980324 (Reissued as received.)GENEVA, 20 March (UN Information Service) -- The Commission on Human Rights this morning heard to statements from visiting dignitaries from the Holy See, Sweden, Saudi Arabia, Yemen and Zambia. The main human rights body of the United Nations system also continued its consideration of the question of abuses in the occupied Arab territories, including Palestine, and the exercise of the right to self-determination.
Addressing the Commission were Jean-Louis Tauran, Secretary for Relations with States of the Holy See; Lena Hjelm-Wallen, Minister for Foreign Affairs of Sweden; Torki Ben Mohammed Ben Saoud Al-Kabeer, Head of the International Organizations Department at the Ministry of Foreign Affairs of Saudi Arabia; Abdullah Ahmad Ghanem, Minister for Legal Affairs of Yemen, and Valentine Kayope, Deputy Minister for Foreign Affairs of Zambia.
During the general debate, the Commission heard statements from the following non-governmental organizations (NGOs): Pax Romana, International Indian Treaty Council, International League for the Rights and Liberation of People, Pax Christi International, International Progress Organization, World Muslim Congress, Liberation, World Society of Victimology, International Human Rights, Association of American Minorities, Asian Buddhist Conference for Peace, International Association of Democratic Lawyers, and the Arab Lawyers Union.
The Human Rights Ombudsman of Colombia also made a statement. The situation in that country, which is looked at under the agenda item relative to the organization of the Commission's work, was raised as well by the NGOs Lawyers Committee for Human Rights and Oxfam.
In a statement to the Commission, Hannu Halinen, Special Rapporteur on the question of violation of human rights in the occupied Arab territories, including Palestine, regretted that there had been bitterness and confrontation in the debate on the precarious political situation in the Middle East.
Statements
Archbishop JEAN-LOUIS TAURAN, Secretary for Relations with States of the Holy See, said the Holy See considered the Universal Declaration of Human Rights as an irreplaceable international instrument, even though certain aspects of it were not in full harmony with the doctrine of the Catholic Church. In fact, the Declaration was the fruit of the tragic experience of the Second World War, during which the horrors of the fighting added to the abominable effects of a pagan ideology which suppressed the human being.
The impact of the Declaration, he said, the conventions that had followed it, and the activities of governmental and non-governmental organizations which had devoted themselves to the defence of human rights, had created a movement that mobilized public opinion to denounce the death penalty, the exploitation of children and women, the fate of refugees and the use of torture, among other ills. In 1993, the Vienna Conference had recalled once again the nature of those rights and freedoms which could not be brought into question. What characterized the 1948 Declaration was its universal character. In the past, other documents of the same nature had accompanied the lives of societies: the "Magna Carta" of 1215 in England; the Declaration of Independence of the United States in 1776; or the Declaration of the Rights of Man and the Citizen of 1789 in France. The 1948 Declaration was universal because it was founded on the conviction that all human beings were the subject of those rights.
He said much still needed to be done in the way of education in order to see that the legal texts really had an impact on behaviour. In that regard, he wished to stress the contribution that believers could make to such an effort. Spiritual values elevated man and helped him master his instincts. Many had underlined that the concepts in the Declaration owed much to Christianity. But the contribution that believers could make to realizing the Declaration was often hampered in a systematic way by obstacles placed on the freedom of worship and by discrimination accompanied at times by destruction of property, temples and cemeteries. He wished that the work of the fifty-fourth session of the Commission, taking place in the meaningful context of the fiftieth anniversary of the Declaration, could contribute to closing the gap between principles and actions.
LENA HJELM-WALLEN, Minister for Foreign Affairs of Sweden, said that human rights were universal and their defence was a legitimate international concern. Sweden was pleased that the Commission this year would finally be in a position to adopt a draft declaration in support of human rights defenders.
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She said that the fiftieth anniversary of the Universal Declaration of Human Rights should be a moment for reflection and self-criticism. Sweden had appointed a parliamentary commission to review laws and policies relating to children. It had also just completed a major review of its international human rights policy.
On the issue of the right to life, she said it was a tragic irony that this most fundamental human right had yet to be fully recognized by international law as the death penalty was still in practise. In China, the number of death penalties and executions remained exceedingly high. The massacres in Algeria must also be stopped and terrorist acts must be condemned.
Sweden attached particular importance to efforts to elaborate a draft optional protocol to the Convention of the Rights on the Child on the involvement of children in armed conflict, she said. Serious and widespread discrimination of women continued, meanwhile, as demonstrated by the appalling situation of women and girls in Afghanistan. Sweden believed that all discriminatory practices must cease.
In conclusion, she said the systematic violation of civil and political rights in China had not abated, yet China had indicated its willingness to cooperate to improve its human rights situation.
TORKI BEN MOHAMMED BEN SAOUD AL-KABEER, Head of International Organization Department at the Ministry of Foreign Affairs of Saudi Arabia, said the Commission's meeting was taking place at a time the world needed to enhance its commitments to human rights. Despite the efforts in improving human rights conditions, there were violations of those rights in many parts of the globe.
Saudi Arabia, as one of the founding members of the United Nations, believed in equality of human beings and nations and had full faith in the noble objectives of the Commission, he continued. Saudi Arabia participated in the work of the Commission in order to attain its objectives and thereby strengthen the promotion and protection of human rights. Saudi Arabia had also acceded to other instruments like the Convention Against Torture and Convention on the Elimination of All Forms of Racial Discrimination.
In order to enhance respect for human rights, Saudi Arabia had introduced human rights teaching in school curricula and social programmes, he said. Saudi Arabia believed that human rights were not set up for some States to the detriment of others. Based on its ancient tradition and civilization, Saudi Arabia had given constitutional guarantees to its citizens. It was also one the most stable and safest countries in the world, with full employment, teaching facilities and educational opportunities for all. Millions of foreign workers in Saudi Arabia were participating in the development of the
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country; they were allowed to transfer their revenues to their countries of origin. Saudi Arabia also hosted 70,000 Iraqi refugees, having spent so far $1 billion.
In conclusion, he said Palestinians were still suffering from Israeli occupation. They had the right to recover their legitimate rights and exercise their self-determination. Israel's violations were not only directed at Palestinians, but also at southern Lebanon and the Syrian Golan. Israel had ignored the resolutions of the Security Council and the Commission to withdraw from the those territories.
ABDULLAH AHMAD GHANEM, Minister for Legal Affairs of Yemen, said his country guaranteed respect for human rights. Yemen was vigilant in implementing all international human rights instruments which it had acceded to. Human rights were mainstreamed in Government bodies, and authorities carried out campaigns to make people aware of their rights. Human rights were also incorporated in education curricula.
He said that as a developing country, Yemen had some difficulties which had adverse effects on human rights. The Government had never denied human rights violations, and had punished them under the law. The situation was still not up to the expectations of the authorities -- human rights needed to be broadened and extended to more people. He appealed to human rights organizations and States to give their observations on the situation in Yemen and to show how they could assist the country financially and technically in that field.
Yemen was constantly struggling for human rights, but some political forces were trying to use them as a political platform, he went on. Human rights should not be used as a pretext for unjustified intervention in Yemen. Information on incidents must be reliable, and solutions found must take into account the culture of Yemen and must avoid interference in its internal affairs. Human rights must be protected, but they should not be used as a method of blackmail.
VALENTINE W.C. KAYOPE, Deputy Minister for Foreign Affairs of Zambia, said the Government, under its ruling party, the Movement for Multi-Party Democracy (MMD), had established an independent human rights commission, an independent judiciary, an independent office of ombudsman, and an independent anti-corruption commission. The human rights commission had begun operation in July 1997 and in its first six months had received 376 complaints.
The state of emergency in effect in Zambia had been lifted on 17 March, Mr. Kayope said; it had begun following a foiled coup attempt against the democratically elected Government last October. All those charged with treason or misprision in the coup would have a speedy and fair trial, but at the same time it had to be recognized that the Government had the obligation
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to its citizens to maintain law and order; it was trying carefully to balance the interests of the public and security of the state with the protection of the fundamental rights and freedoms of individuals. Some in the international community had perceived the state of emergency as the imposition of a police state in Zambia, but that was far from the reality. Zambia looked forward to advice from friendly countries on how to handle coup situations without resorting to states of emergency.
Zambia was concerned by the recent trend in international development cooperation that imposed standards of "good governance" on recipients, the Deputy Minister said. While the approach might have its merits, it also had dangers: the definition of good governance could be selective and the process could lead to unbridled interference in the affairs of a sovereign State and could derail existing and effective development programmes. The need to define "good governance" in a standard and universally accepted way had become imperative.
Statements in Debate
HONVABO MAHO CHUAHA, of Pax Romana, said the group had intervened in other bodies to denounce discrimination in Equatorial Guinea. Pax Romana had asked the Special Rapporteur for the country, Alejandro Artucio, to carry out an investigation in the policy of exclusion and the suffering of the people of Equatorial Guinea. Their situation had deteriorated sharply since January. The Government had unleashed a wave of repression against the island of Bioko, detaining 800 people and torturing them; there was a peaceful movement for self-determination of Bubis in the island of Bioko. There was state terrorism, as the Government implemented a policy of expelling Bubis from their land. The Special Rapporteur would visit Equatorial Guinea soon and should be allowed to investigate the fate of people who had disappeared. The Government should also give fair trials to those detained.
Chief GIDEON TAMES, of International Indian Treaty Council, said the organization asked nations how they could justify their continuing reluctance to apply universally the right to self-determination, which had been affirmed, repeatedly, as belonging to all. Some States attempted at every opportunity to justify their continuing exclusion of indigenous peoples from the enjoyment of the right. Notable among the countries expressing this position was the United States, which assured the world that the right was well protected under domestic law for American Indians and Alaska native tribes. But even some limited tribal jurisdiction over tribal lands was not allowed under United States law. A cardinal principle of international negotiation was that one party in a dispute could not be final arbiter of the dispute, but the United States Government both applied the laws and courts and acted as arbiter. To weaken the tribes in their unity, their right to protect the environment of their lands, was not a proper approach, and the Commission must take steps to redress these violations.
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HANNU HALINEN, Special Rapporteur on the question of violation of human rights in the occupied Arab territories, including Palestine, in concluding remarks on the discussion of the report he had submitted to the Commission (E/CN.4/1998/17), said the precarious political situation in the Middle East had been reflected in the debate, and expectedly so. There had been bitterness and confrontation, unfortunately. He had found the tone of the remarks of the representative of Israel surprising for a diplomat. He wished to stress that one simple reason for any alleged "one-sidedness" of his report was the unwillingness of Israel to cooperate with him. But he did not for a minute accept the Israeli charge that his conclusions represented only one side of the story.
He said the amount of information he received throughout the year was quite extensive, and he made a point of relying on first-hand information wherever possible. Still, the best way to ensure inclusion of the Israeli point of view would be for Israel to cooperate with his investigation. He also did not concur with the Israeli delegation's claim that his investigation was an interference in the peace process. The attempt to discredit his report was not new in this forum -- it had happened before. He fervently hoped that Israel would share the facts it claimed he lacked with him in the future, and would cooperate with the Commission's human rights mechanisms in general, so that the cause of human rights could benefit.
JOSE FERNANDO CASTRO CAYCEDO, Human Rights Ombudsman of Colombia, said despite great efforts, legislative improvements, and the good will of the Government, factors such as lagging social development, economic exclusion and political violence plainly indicated that the human rights scenario in his country was bleak, devastating and uncertain. The crisis stemmed primarily from the lack of strength of institutions to guide the Government through an economic development process to favour the people and eliminate poverty. The uncertain situation was most evident in issues related to political violence. Some 3,800 people were killed yearly for allegedly political motives in Colombia. The situation was further degraded evincing the weakness of the institutions. Thousands of young people died every year; scores were maimed by landmines; land reforms were implemented at gunpoint; and over a million people had been forcibly displaced from their homes or had had to run away to save their lives.
He said the excessive use of force by the armed forces in operations against subversives affected civilian human rights, as was the case when indiscriminate shelling took place. Nevertheless, the limitless activity of paramilitary groups, who travelled undetected by plane from one side of the country to another, with short and medium-range weapons, was at the root of more than 70 massacres committed in 1997. The violation of the right to life was particularly felt by ethnic minorities; natives and Afro-Colombians were victims of intolerance towards diversity. Without peace, there could not be
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democracy; democracy would not come about without development, and development was unattainable without human rights.
ORETTA BANDETTINI DI POGIO, of the International League for the Rights and the Liberation of People, said the referendum for self-determination in Western Sahara had been considerably delayed. The United Nations Mission for the Referendum in Western Sahara (MINURSO) had been able to resolve some of the obstacles holding up the process. However, intimidation against the Saharawi people continued, and those who sympathized with the Saharawis were constantly arrested and questioned. The organization wished to emphasize that the current climate might serve to reverse the positive work of MINURSO and might have a negative impact on the Sahrawi people and the referendum. It was difficult to find out who would carry out the demining of the occupied soil, for instance. As a result, when the Saharawi people returned to lead their nomadic life, they could be killed by landmines. On the crisis in Kosovo, meanwhile, the organization advocated that the key to its solution was the full expression of the right of its people to rule themselves. The organization also regretted that time did not allow it to address the situation of the Tamils in Sri Lanka.
MICHAEL VANNALT VAN PRAAG, of Pax Christi International, speaking also on behalf of the Transnational Radical Party, said experience had taught that the denial of the right to self-determination resulted in the denial of other fundamental rights, with the likely result of conflict, violence, and war. The explosive situation in Kosovo was a clear illustration; an end to problems there could only come from a true exercise of self-determination. There had been positive developments in such exercises recently in Western Sahara, Bougainville, Chittagong Hill Tracts, and Nagaland, although agreements and measures taken must of course be put into effect. Of concern were the situations in Chechnya, Ingushetia, Abkhazia, East Timor, and Tibet. Self-determination did not of course necessarily lead to independence and division of territory, but where a Government did not protect and represent the interests of a people but instead violated their rights, it certainly could not claim to be abiding by the Vienna Declaration on Human Rights.
LOUDOVICA VERUEGNASSI, of the International Progress Organization, said colonialism was a philosophy of exploitation of nations. In the process of such exploitation the colonial masters implemented a policy of divide-and-rule. In contemporary times, India and Pakistan and their differences over the state of Jammu and Kashmir provided an excellent example. Rather than let the two nations resolve their problems one found repeated assertions, delicately formulated, emanating from different quarters that sometimes seemed to favour one country and sometimes the other. Jammu and Kashmir was often called a flash point and had been the scene of three wars. But even today, the international community and even human rights activists dept raking up issues of purely political and historical nature thinly camouflaged by human rights concern.
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M. AHMAD, of the World Muslim Congress, said the situation of human rights in Kosovo had dramatically worsened. Lately, the Serbian forces had inflicted large-scale destruction of life and property and indulged in sordid violations of the human rights of ethnic Albanians. Regarding Kashmir, the organization said that the agenda of peaceful transfer of power to Pakistan and India would never be complete without allowing the people of Kashmir their basic right to self-determination. India acted to inflict a cruel and overwhelming punishment on the people of Kashmir through unprecedented repression, and it sponsored mercenary militia to spread terrorism. India assassinated human rights activists and fabricated situations providing pretexts for Indian army crackdowns. The deprived people of Kashmir needed the Commission's help to obtain their inalienable right to self-determination.
ELIZA MANN, of Liberation, said the Tamil people had lived from ancient times within relatively well-defined geographical boundaries in the north and east of Sri Lanka; their struggle for self-determination had begun in response to decades of oppressive alien Sinhala rule and as a result of Sinhala dishonouring of agreements reached with Tamil parliamentary parties. There had been numerous well-documented reports from NGOs to the Commission on human rights abuses committed against the Tamils, and last year 53 NGOs had called for the Commission to urge Sri Lanka to end its war against the Tamils and pursue a political solution to the conflict. It was now time for the Commission to pass a resolution calling on Sri Lanka to recognize the right of the Tamils to self-determination and again urging a political solution to the conflict.
SYED YOUSUF NASEEM, of the World Society of Victimology, said his group firmly believed that the right to self-determination was a basic human right by virtue of which all peoples had the right to freely determine their political status and freely pursue their economic, social and cultural development. The dispute of Jammu and Kashmir emerged following the independence of India and Pakistan from British colonial rule. India had taken the dispute of Jammu and Kashmir to the United Nations, but to the utter and distrust of the Kashmiri people and in total breach of the commitments made by Indian leasers to the world community, it then backed out. Kashmir's right to self-determination was enshrined in United Nations resolutions. However, the Government of India had vainly attempted to legitimize its occupation with a series of bogus elections in Jammu and Kashmir.
TARIQ SAEED KHAN, of the Asian Buddhist Conference for Peace, said the denial of the right of self-determination to oppressed peoples in different parts of the world was a major hinderance in achieving peace for humanity. The best example of exploitation and denial of inalienable rights of self-determination was the 15 million people of Kashmir. Indian troops in the occupied Kashmir resorted to arbitrary arrests, torture, gang rape, extrajudicial executions and disappearances; that was blatant terrorism which had so far claimed 60,000 lives. The Commission's members and observer
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States, and non-governmental organizations, should exercise their good influence over both the Governments of India and Pakistan to comply with United Nations resolutions so that the forcibly divided state of Jammu Kashmir could decide on its own future.
DOROTHEE LE FRAPER DU HELLEN, of the International Association of Democratic Lawyers, said her group wished to draw attention to the situations in New Caledonia and Western Sahara. In New Caledonia a referendum was to have been held; a negotiated solution had been proposed with France instead. Of concern was the matter of political settlement with the Kanak people, now a minority on their ancestral lands because of the influx of colonists. What was needed was recognition of Kanak identity, the provision of sovereignty for them over Kanak lands, and a strong gesture from France to repair the damage caused by colonial prejudice. The only way to resolve the greater problem was to confer statehood on New Caledonia. In Western Sahara, a fair referendum must be held in keeping with United Nations resolutions; the Western Saharans were eager to cooperate in implementing the United Nations peace plan, and pressure should be exerted against Morocco to adhere to the agreements reached recently in Houston on the subject of Western Sahara.
A. MAHCHOU, of the Arab Lawyers Association, said the Middle East peace process was actually traversing a dangerous path. The international community's efforts to establish peace in the region had so far not achieved satisfactory results. Israeli action had denied the fundamental rights of Palestinians and other Arabs. The principle of "land-for-peace" had also been neglected by Israel, which had also flatly denied resolution 242 (1967) of the Security Council on unconditional withdrawal from southern Lebanon. The security agreement reached between Israel and Palestine was in favour of the occupying Power. The continued occupation of land by Israel would not lead to any peaceful results.
MIREILLE HECTOR, of Lawyers Committee for Human Rights, said the field office of the High Commissioner for Human Rights in Colombia had a wide array of responsibilities ranging from technical advise to public statements, and from receiving confidential complaints to observing the overall human rights situation. It could also evaluate official responses to abuse and promote better ones. The Commission, as it was about to review the first report of the High Commissioner for Human Rights on the field office, should seek to determine whether that office interpreted and executed its mandate faithfully, and what areas of the mandate required more attention. The organization wished to emphasize that despite many signs of deterioration in Colombia's human rights situation, there was still concrete evidence that international attention could prompt change. An independent international human rights presence in Colombia was essential.
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NEIL JEFFERY, of Oxfam, speaking on behalf of a group of British aid agencies working in Colombia, said it supported the presence of the permanent office of the High Commissioner for Human Rights in Colombia, but wished to stress that the crisis in the country continued to intensify, especially as a result of the expansion of paramilitary groups. It was important that the High Commissioner's office's report reflect this reality, particularly as it was causing serious internal population displacements; large numbers of people were being forcibly displaced as a result of human rights violations; as many as 900,000 were affected. Spurs for these movements included economic blockades, selective killings, and disappearances. Agreements signed by the Government for the return of those displaced from Riosucio had not been fully complied with. The Commission was asked to reaffirm the fundamental objective of the High Commissioner's office to observe and monitor the grave situation in the country, and should ask the Secretary-General to send the Special Representative for displaced persons to Colombia for a follow-up visit. It also should express concern that the Colombian Government had not implemented existing United Nations recommendations on the displaced.
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