COMMISSION ON HUMAN RIGHTS TAKES UP STATUS OF INTERNATIONAL COVENANTS, FUNCTIONING OF UN HUMAN RIGHTS BODIES

Press Release
HR/CN/827

COMMISSION ON HUMAN RIGHTS TAKES UP STATUS OF INTERNATIONAL COVENANTS, FUNCTIONING OF UN HUMAN RIGHTS BODIES

(Reissued as received.)

GENEVA, 23 March (UN Information Service) -- The Commission on Human Rights concluded this afternoon its review of racism and xenophobia and began discussing the status of international covenants on human rights and the effective functioning of bodies established pursuant to United Nations human-rights instruments. Speakers called for further efforts to abolish capital punishment and an increase in technical assistance to States seeking to improve their human rights situations.

A group of 37 non-governmental organizations spoke in opposition to what they termed efforts to censor the reports and otherwise interfere with the work of human rights Special Rapporteurs.

The Commission also heard an address by Dullah Omar, Minister of Justice of South Africa, who said, among other things, that the new democratic South Africa was left with the terrible legacy of apartheid -- massive social and economic inequalities, effective marginalization and social exclusion of the majority of black people, extreme poverty, homelessness and joblessness for many, and a terrible culture of violence and criminality. None the less, he was confident that with economic development, social and economic transformation establishing the rule of law, and building of human rights culture, the situation would change, he added.

Delivering formal statements at the meeting were representatives of the United States, Turkey, Iran, Libya, Israel, Ireland, Italy, Norway and Estonia.

The following non-governmental organizations also spoke: International Educational Development; December 12 Movement International Secretariat; International Association Against Torture; African Association of Education for Development; All-India Women's Conference; American Association of Jurists; European Union of Public Relations; International Progress

Organization; Movement Against Racism and for Friendship Among Peoples; World Federation for Mental Health; Amnesty International; American Association of Jurists; Transnational Radical Party; Asian Cultural Forum on Development; Association for World Education; and International League for the Rights and Liberation of Peoples.

The delegation of Mauritania spoke in exercise of the right of reply.

Statement by Minister of Justice of South Africa

DULLAH OMAR, Minister of Justice of South Africa, said that through bitter struggle and sacrifice, and with the support of international friends, the holding of democratic non-racial elections based on one person, one vote, had been achieved in his country. The historic elections in 1994 had swept the white minority regime form office and created a new, democratic, constitution and parliament.

The new democratic South Africa, however, was left with the terrible legacy of apartheid in the form of massive social and economic inequalities, Mr. Omar said. Apartheid had also left the effective marginalization and social exclusion of the majority of black people, extreme poverty, homelessness and joblessness for many, and a terrible culture of violence and criminality, including corruption and absence of respect for human rights. Those who had built up privileges for themselves during the apartheid era had continued to enjoy those privileges. The economy had remained skewed -- basically in the hands of whites. Thus, in the last four years, South Africa had been in the throes of a process of ongoing transformation. South Africa was only too painfully aware of the fact that it still had a long way to go before it would be able to say that extreme poverty had ended, before one could say that all the population enjoyed an adequate standard of living.

The culture of violence which South Africa inherited had remained a problem affecting women and children in a way which prevented them from enjoying their human rights, he continued. It was said that South Africa had the highest incidence of rape in the world; the rate of murder, despite having come down slightly, was still a serious problem. However, South Africa was confident that with economic development, social and economic transformation establishing the rule of law, building of human rights culture and the implementation of South Africa's first ever national crime prevention strategy, the situation would change. Indeed, the signs were already there. In the meanwhile, South Africa hoped to complete a National Action Plan to help realize the advancement of human rights in time to submit it to the Secretary-General by 10 December 1998 -- International Human Rights Day.

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Status of International Covenants on Human Rights

The Commission took up this afternoon the item on its agenda dealing with the status of the International Covenants on Human Rights. It has before it a report of the Secretary-General on the question of the realization in all countries of the economic, social and cultural rights contained in the Universal Declaration of Human rights and in the International Covenant on Economic, Social and Cultural Rights, and a study of special problems which the developing countries face in their efforts to achieve these rights (document E/CN.4/1998/25). The report lists replies from Governments, United Nations bodies, specialized agencies, inter-governmental and non-governmental organizations concerning the realization of economic, social and cultural rights with regard to social measures at the national level; the appointment of a special rapporteur on the realization of these rights, and the issue of a draft optional protocol to the Covenant on these rights.

The Commission also has before it a note by the Secretary-General on the effective functioning of bodies established pursuant to United Nations human rights instruments (document E/CN.4/1997/74), containing the report of the independent expert Philip Alston on enhancing the long-term effectiveness of the United Nations human rights treaty system. Among other things, the independent expert recommends that while the goal of achieving universal ratification of the six core treaties has been affirmed frequently, concrete measures aimed at making it a reality are needed. Non-reporting has reached chronic proportions and a new specially tailored project for the provision of advisory services should be implemented. The independent expert concludes by stating that treaty bodies must strive to further improve the quality of their "concluding observations" in terms of their clarity, degree of detail, level of accuracy and specificity.

The Commission is considering the annual report of the Executive Director of the United Nations Population Fund to the Economic and Social Council on operational activities of the United Nations for international development cooperation (document E/1997/72). The report contains an outline of measures taken in the implementation of the provisions of the Tirennial Policy Review of Operational Activities. It also contains a report on the designated theme for the high-level meeting of the operational activities segment of the 1997 session of the Economic and Social Council. The third part outlines follow-up to the major international conference and summits. The final section is on strengthening collaboration between the United Nations development system and the Bretton Woods institutions.

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Statements

BETTY KING (United States) said that no discussion of race could avoid those terrible aspects of the country's history -- the shameful institution of chattel slavery and the expulsion of native Americans from their ancestral lands. Slavery and black/white relations presented the starkest images of the nation's strengths and weaknesses; and although the Civil War put an end to slavery, it did not end the inequality between the races. While some of the country's immigrant groups climbed the famous ladder of American success, Native and African-Americans reached the top far more slowly and infrequently; and yet, as always in America, there were exceptions, and lately, reflecting improvements on the ground, more and more minorities had entered the mainstream of American economic and social life. Still, more work needed to be done; significant inequalities between black and white Americans persisted -- in income, opportunity, access to education and health care, housing, employment, and life expectancy. President Clinton had launched a five-point dialogue on race last year, and the United States planned to participate actively in the upcoming world conference on racism.

BÜLENT MERIC (Turkey) said despite continuing efforts, racism, xenophobia and intolerance, in their new and subtle forms, continued to present a permanent challenge to fundamental human rights and freedoms. Moreover, contemporary forms of racism continued to present a major threat to peace and harmony in many societies. And one should not turn a blind eye to the surge in racist tendencies at the political level; leaders some times stoked the fires of racism and xenophobia for their own political purposes. It was interesting to note that racism could even present itself as a defender of human rights under the cloak of "cultural relativism". Racism as such seemed harmless until it went into action. Needless to say, crimes motivated by racist and xenophobia attitudes should be punished; impunity for those crimes contributed to the weakening of the rule of law and to the recurrence of such crimes.

ALI KHORRAM (Iran) said racism, racial discrimination and xenophobia, in their new forms and manifestations, once again prevailed in the world. The most disturbing issue was that racism and racist movements had become increasingly violent. Unfortunately, there had not been serious efforts to address the problem. In his report, the Special Rapporteur argued that the case of Muslim manifestations of racism and xenophobia were increasingly accompanied by a form of Islamophobia.

The delegate added that the new wave of repression, brutal and excessive use of force and suppression of non-violent expression of political views of Kosovo Albanians by the Government of Serbia and Montenegro was a matter of profound concern. There was a compelling and urgent need for intervention by the international community, including the Commission.

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NASSER H. LAFI (Libya) said tragic situations persisted in matters related to racism; although apartheid had fallen, Israel continued to carry out extreme racist policies against Palestinians, all with the support of certain major powers who claimed to be dedicated to human rights. Israel's actions had nothing to do with religion and history, as it claimed; their essential point was that the Jews should enjoy their rights in Palestine, and they should be free of anti-semitism. But Arabs, too, were semites; this approach did not give Israel the right to violate fundamental human rights. Israel continued to flout international standards through the protection of the United States. Israel's racist practices against Muslims must be brought to an end. Libya did not tolerate racial discrimination within its own borders and strongly supported the upcoming world conference to combat racism.

ALEXANDER GALILEE (Israel) said that as the new millennium approached, the events of the past century should be considered. Despite the horrendous lessons learned from the Second World War and efforts made afterwards, the world was still confronted with the scourge of racial discrimination and hatred. Israel hoped that the Special Rapporteur would focus more attention on anti-Semitism; it also fell on Israel to stop anti-Semitic attacks worldwide. Such attacks had been reduced in the past year, thanks to stricter law enforcement. Increased attention to racism and hate crimes by Governments and official bodies might also have contributed to this decline, as well as educational programmes. However, two recent developments threatened this trend: the success of European ultra right-wing parties and the issue of abandoned Jewish properties.

KAREN PARKER, of International Educational Development, said discrimination against Asians was compelling and should be investigated by the Special Rapporteur. He should look into the failure of the United States, for example, to pay compensation to Latin Americans of Japanese descent who were abducted and detained from 13 countries during the Second World War and held in Panama and the United States under conditions even more harsh than the detention of Americans of Japanese ancestry was at the time. A mechanism for compensation had been provided to the Americans so treated. Also of concern was the lack of compensation for Asians maltreated by Japan during the Second World War -- millions of Chinese massacred, Korean forced labourers, the so-called comfort women, victims of medical experimentation, and others. Racism against Asians also could occur in the Asian countries: in Sri Lanka, successive Sinhala Governments had systematically oppressed the Tamil minority. It was time for the Commission to call for a political solution that recognized the right of the Tamil people to determine their political status.

AMADI AJAMU, of the December 12th Movement International Secretariat, said the United States, which was the United Nations leading debtor, did indeed have the resources to match is magnificent rhetorical support of human rights. What was lacking was the will to implement the rhetoric. The group

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had joined the United Nations to ensure that its mechanisms served the interests of human rights, not to engage in important intellectual discourse. If the United Nations was to have any validity or exercise any leadership, those who professed to be at the forefront of human rights should be put to the test. If those self-proclaimed leaders were not held accountable, it was pure hypocrisy to insist that countries with vastly fewer resources, countries whose own development was stunted for the economic and political benefit of the United States and the Western world, be subjected to the demands of human rights.

ROGER WAREHAM, of the International Association Against Torture, said many countries, some with extreme reluctance, paid lip service to the Third Decade to Combat Racism, but few had performed any concrete work. Despite the fact that the incidence of racism, racial discrimination and xenophobia was on the rise, the efforts of the United Nations in relation to the Third Decade remained pathetic. The lack of financial support by those most capable of providing it was ironic. The organization demanded that the European Union•s recognition that it was marked •with the scourge of racism• be accompanied by a substantial financial commitment for the Third Decade. The United States, for its part, continued to talk anti-racism and to practice rampant racism. The organization requested that the Special Rapporteur on racism conduct a follow-up to his 1994 mission to the United States to evaluate what steps, if any, had been taken to implement the recommendations he had made. The organization recommended, among other things, that the funds for the Third Decade, as well as for the World Conference against Racism, must be a regular United Nations budget item and must not depend on voluntary contributions.

GHENNET GIRMA, of the African Association of Education for Development, said preparation for the upcoming world conference on combatting racial discrimination should be thorough and should have a great deal of impact; there was a danger that because of the resurgence and spreading of racism in various contemporary forms that issues could be diluted or presented in a confused way. Clearly defining racism, racial discrimination, xenophobia, and various aspects of the colour line would be of paramount importance. Recommendations and suggestions should come not only from Governments but from national organizations without any restrictions. One matter of concern was that the world had become aware of the implications and dangers of ethnicization of everything only after the tragedy of Rwanda; encouraging people to get organized only along ethnic lines, as had sometimes happened in the past, could never be in the interests of any given country and could bring about further cases of ethnic cleansing. Political exploitation of racism by political candidates also should be studied and fought against.

MALA PAL, of the All India Women's Conference, also speaking on behalf of the Movement against Racism and for Friendship Among Peoples, the Women's International League for Peace and Freedom, the World Federation of Democratic Youth and the World Peace Council, said a renewed and concerted effort should

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be made to stem and reverse the growing wave of racism, xenophobia and related intolerance. Racism figured once again in the platform of political formations whose leaders used unemployment and economic and social instability to further their criminal ideology. Moreover, it was the group's conviction that the World Conference on Racism, Racial Discrimination, Xenophobia and Related Intolerance, should be the beneficiary of an intensified implementation of the Programme of Action of the Decade. It should also be the catalyst of actions to combat racism and racial discrimination around the world.

MERCEDES MOYA, of the American Association of Jurists (AAJ), said the 1993 Vienna World Conference on Human Rights had made progress and had recognized the interdependence of all human rights, including the right to development. Given that result, the AAJ had hoped for more political will to prevent genocide and inter-ethnic hegemony in Europe and Africa. The Assembly General's resolution to hold a World Conference on Racism was therefore positive. Racism was a vile phenomenon and its violence affected all aspects of the personality of the individual and society.

WANESSA CLERCKX, of the European Union of Public Relations, said feelings of racism that had been bottled up during the cold war had unfortunately been released in recent years -- many peoples who had long lived together in reasonable harmony were today demanding spaces of their own in which to live in homogeneous societies. In Europe there were daily reports of attacks on Turks in Germany, xenophobia of some parties in France towards the Algerians, the restrictive immigration policies sought to be imposed by many countries; there also were problems in the United States related to discrimination against immigrants, and that country had been created by immigrants. Economic fears were being given racial overtones, and xenophobia was gaining ground through the imperatives of domestic politics. The resources of the planet were for all to share, and it was unfortunate that some people believed that skin colour or accident of birth should be a deciding factor. It did not require a lot of money to end racial discrimination -- only dedication and a true understanding of the richness of humankind's variety.

LUDOVILA VERZEGNASSI, of the International Progress Organization, said contemporary conflicts in Rwanda, Burundi and in Afghanistan had flared because people of different religious an ethnic backgrounds were unable to comprehend that the world was meant for all to live together in. When a fundamentalist militant in Pakistan killed a person belonging to another sect of his own religion; when a Muslim mercenary in Indian Kashmir killed a Kashmiri Hindu; when a neo-Nazi in Germany desecrated a synagogue, he was giving form to the expression, "I am better than you". And it was that sentiment that was at the core of most conflicts today. In Afghanistan the entire battle was being fought on ethnic criteria. Racial discrimination was also being manifested by terrorist groups owing allegiance to one religion

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seeking to destabilize societies where other religions and cultures predominated.

JEAN-JACQUES KIRKYACHARIAN, of the Movement Against Racism and For Friendship Among Peoples, said racism was different from other human rights violations because it was always changing. Racism adapted to the evolution of the world and was a negative expression of the spirit of that world. It was true that there were no more lynchings in the southern United States, and that Afro-Americans were elected as mayors in that region. But the more virulent forms of racism had given way to vague and subtle racism based on cultural differences and which was just as cruel. Democratic States energetically condemned racism, but the influence of racist ideas was still present and de facto segregation existed, marginalizing sectors of the population. It was absurd to hope for a reduction of racism as long as socially decisive forces took measures to keep groups of people , such as migrant workers, marginalized.

WILDA SPALDIDNG, of the World Federation for Mental Health, said illness resulted from pollution through mind and spirit of an individual or society by racists. Hate groups perpetuated the tangled labyrinth of xenophobically generated nightmares, and individuals were alienated. However, positive programmes, such as the World Health Organization Mental Health Division's "life skills" were now using the Internet to be increasingly effective in the double task of promoting health and combatting sickness; all were called upon to develop means for encouraging mental health and mobilizing against the causes of individual and societal disorders that were the root causes of racism. May the enlightening words and spirit of the Universal Declaration of Human Rights be a hope and strength for all, and may each person be more encouraged in the process of bringing its words to life around the world.

MAURICE GLELE-AHANHANZO, Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance, in concluding regarding the discussion elicited by his latest report (E/CN.4/1998/79), said the international community could overcome together the problem of racism the way it had done with apartheid. He appealed to all Governments, non-governmental organizations (NGOs) and individuals to spare no effort in their contributions to the preparation of the forthcoming world conference on racism. The success of that conference depended on the financial and personnel resources available to its preparation. He warned against politicization of the racial question, a development that might harm ideal based on the dignity of the human being.

ANNE ANDERSON (Ireland) said last year the Commission had adopted for the first time a resolution calling on States to abolish the death penalty, after a debate conducted in a positive atmosphere, without polarization and with mutual respect. It was important to sustain such an atmosphere and that this year's resolution received even broader support. It was especially

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important to struggle to eliminate any execution of persons for crimes committed when they were under age 18. Ireland also felt great concern over executions of persons who were mentally disabled. If the death penalty itself was a cause of great uneasiness around the world, certainly there was no excuse for applying it to young or vulnerable people. In the past year two States had abolished the death penalty for all crimes; other progress also was taking place, such as a clear call for universal abolition by the Council of Europe, and the decision to exclude the death penalty for crimes against humanity under consideration by the International Criminal Tribunals for former Yugoslavia and Rwanda.

MARIO ALESSI (Italy) said the issue of the death penalty was indeed on the basis of concepts which were common to all religions: the sanctity of human life, the valued of human dignity, the precept of mercy, and the gift of compassion. The fact that historically those principles had been applied to different degrees in different parts of the world certainly did not justify their appropriation by any one religion, nor, conversely, could their rejection be attributed to the precept of any religion. What Italy considered as the moral inadmissibility of taking human life seemed to it to be hardly discouraged by subsequently taking another human life, legal as it might be in some countries. The State should punish, and harshly when necessary; but should break the chain of death, land aim instead at protecting its citizens and reforming the culprit at the same time. It should abstain from an act which, inevitably lies on the border between justice and revenge.

PETER WILLE (Norway) said Norway firmly supported the human rights treaty body system as a cornerstone of United Nations efforts to promote and protect human rights. The treaty monitoring system was, however, facing considerable problems which threatened its effectiveness. Norway agreed with the independent expert that universal ratification of the six core United Nations human rights treaties would establish the best possible foundation for international endeavours to promote respect for human rights. Assistance should also be given to States wishing to ratify human rights treaties but who were encountering difficulties in doing so.

Mr. Wille said that the number of overdue reports to treaty bodies was of considerable concern; Norway backed the suggestion of the independent expert that in responding to cases of persistent non compliance with reporting obligations, all treaty bodies should be urged to adopt procedures which would allow them to examine country situations even in the absence of a report. Norway supported reform of the reporting procedures with the goal of having shorter and more focused reports. However, it expressed caution to any suggestion that treaty bodies be consolidated. Additional resources were essential if the treaty body system was to function effectively.

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MALLE TALVET (Estonia) said that last week the country's legislature, by ratifying the protocol No. 6 of the European Convention on Human Rights, had voted in favour of abolition of the death penalty. The action followed a moratorium; the thinking was that the majority of studies on the issue demonstrated that there was no reliable evidence that the death penalty deterred more effectively than other punishments, and that its use entailed the risk of error. The delegation now hoped the country would make speedy progress in acceding to the second optional protocol to the International Covenant on Civil and Political Rights. Estonia strongly supported the draft resolution initiated by the Italian delegation on the subject of capital punishment.

PATRICIA WILKINSON, Amnesty International, said the withdrawal of the Democratic People's Republic of Korea from the International Covenant on Civil and Political Rights was unlawful under international law. It was still bound by all the obligations in that Covenant. In the same manner, Jamaica had announced its withdrawal from the Optional Protocol to the same Covenant in October 1997, effective as of 22 January 1998. That action was disappointing; Amnesty International was dismayed that Jamaica had made it clear publicly that it had taken that step to make it easier to execute prisoners on death row, though the withdrawal deprived all people in Jamaica of the right to petition on Human Rights Committee. The Governments of Trinidad and Tobago and Barbados had since announced that they too were considering following Jamaica's lead in withdrawing from the Optional Protocol. Amnesty International was greatly concerned at the weakening of human rights protection for the people of Jamaica, and was alarmed at the risk that other States might take similar action.

CARLOS ANDRES PEREZ, of the American Association of Jurists, said the group had contributed with documents and statements to the drafting of the optional protocol to the Covenant on Economic, Social and Cultural Rights in the Economic and Social Council. The organization wished to underline some of its views. For example, article one allowed for communications from individuals or groups under the jurisdiction of States that ratified the protocol. That was an anachronism: victims had to be empowered to make complaints against States whether or not they were under their jurisdiction. The organization suggested the deletion of the phrase "under jurisdiction of the State". The draft should also be amended to enable non-governmental organizations to launch complaints even if they did not directly represent the victims.

SISTER HELEN PREJEAN, of the Transnational Radical Party, said it would be appropriate if last year's resolution opposing the death penalty were to be strengthened this year. Abolition of the death penalty went far beyond claiming the right to life and said a more significant "no" to a punishment which reduced the offender to a kind of disposable human race. Also, there was no humane way to kill a person because human beings had consciousness and

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emotions and when condemned to death imagined and anticipated death, and died a thousand times before they died. All those she had accompanied to execution said, "I am so tired"; the preparation for the punishment, the suffering, had exhausted them. She appealed to her own country, the United States, to dismantle its machinery of death, which was applied, among other things, to the mentally retarded and juveniles as young as 16. She asked the United States and China to free themselves from this intolerable anachronism.

RAVI NAIR, of The Asian Cultural forum on Development (ACFOD), said one problem of the covenants and other international human rights instruments was reservations expressed by the Governments to various articles. When India ratified the Convention against Torture, it had expressed reservations to three articles. India, hence, had refused to recognize individuals' rights to complaint, inter-state complaints and competence of the Committee against Torture. All Governments in Asia expressed reservations while ratifying the conventions on human rights. Some like Bangladesh, Malaysia and China had not even ratified the major conventions on human rights. The announcement of China to ratify the Convention on Civil and Political Rights was a good measure.

RENE WADLOW, Association for World Education, said, on behalf of 37 non-governmental organizations, that they were conscious of the important role of the United Nations special rapporteurs who carried out their mandates for the promotion and protection of human rights. NGOs had developed close working relationships with these special rapporteurs in order to highlight trends, to present alleged violations and to stress positive remedial measures to be undertaken. Thus it was with great concern that the organizations noted recent efforts to limit the independence of the human rights special rapporteurs by preventing their access to countries and by efforts to censor their reports. It was of crucial importance that all Member and Observer States and NGOs strongly defend the independence of special rapporteurs.

VERENA GRAF, of the International League for the Rights and Liberation of Peoples, said efforts must be made to reduce the number of reservations of countries ratifying human-rights instruments, and that the effectiveness of the instruments must be reinforced, as many countries signed the treaties and then proceeded to ignore their standards. Universal ratification of instruments often was called for, but not enough was said about how effectively the measures were enforced; a prime example was the convention on genocide, whose terms were especially hard to implement. The Commission would do well to take initiatives to reinforce the Convention, to obtain its universal ratification.

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Right of Reply

OULD MOHAMED LEMINE (Mauritania) said that this morning, a non-governmental organization had made serious accusations against Mauritania. The NGO had accused Mauritania of apartheid. Mauritanian people could only be offended, because nothing could be more foreign to them than discrimination. Anyone who knew the country would not be able to find any discrimination. Only a small group who had always sowed discord and remained outside the law believed that there was discrimination. Those people had set up in Europe and advocated violence.

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