CALLS FOR FURTHER IMPROVEMENTS IN WORK OF SUBCOMMISSION ON PREVENTION OF DISCRIMINATION AND PROTECTION OF MINORITIES HEARD AT COMMISSION
Press Release
HR/CN/841
CALLS FOR FURTHER IMPROVEMENTS IN WORK OF SUBCOMMISSION ON PREVENTION OF DISCRIMINATION AND PROTECTION OF MINORITIES HEARD AT COMMISSION
19980402 Commission Starts Consideration of Human Rights Of Persons Subjected to Detention or Imprisonment, Including Torture(Reissued as received.)
GENEVA, 1 April (UN Information Service ) -- Members of the Commission on Human Rights this morning praised steps taken by the Subcommission on Prevention of Discrimination and Protection of Minorities to rationalize its work and suggested further improvements.
Among other things, Government delegations recommended that the Subcommission, the Commission's main subsidiary body, limit its studies to avoid overloading its agenda and warned against overlapping mandates. They also called on the Subcommission to avoid politicization and the duplication of the work of the Commission. Several delegations also endorsed the Subcommission's decision not to consider human rights country situations already being considered by the Commission.
Discussion of the work of the Subcommission took place alongside debate on other items, including the rights of disabled people, indigenous populations and human rights and armed conflict. This morning the Commission also took up the question of the human rights of all persons subjected to any form of detention or imprisonment. Under this item, the main United Nations human rights body will discuss torture and enforced or involuntary disappearances, as well as the status of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the question of a draft protocol to the Convention to permit visits to places of detention.
During the discussion of the rights of detainees, a number of non-governmental organizations denounced the persistence of impunity for torture and other human rights of violations in a number of countries.
Several experts took part in the plenary meeting, including Jose Bengoa, Chairman of the Subcommission; Bengt Lindqvist, Special Rapporteur of the United Nations Commission on Social Development; and Ivan Tosevski, Chairman-Rapporteur of the Working Group on Enforced or Involuntary Disappearances.
The following government delegations and international organizations also spoke: Brazil, China, Pakistan, Ukraine, Congo, Guatemala, Philippines, Norway, Switzerland, Costa Rica, the International Committee of the Red Cross and the World Health Organization (WHO).
The following non-governmental organizations (NGOs) also made statements: International Indian Treaty Council, World Blind Union, Inclusion International, World Federation for Mental Health, Latin American Federation of Associations of Relatives of Disappeared Detainees, European Union of Public Relations, World Muslim Congress, International Movement for Fraternal Union among Races and Peoples, World Organization against Torture, Pen International, American Association of Jurists, Article XIX: The International Centre against Censorship, Centre Europe-Tiers Monde, Franciscans International, International Federation of Human Rights Leagues and Pax Romana.
Question of Human Rights of Detainees
The Commission is reviewing the human rights of all persons subjected to any form of detention or imprisonment and is considering under this agenda item a report of the Secretary-General on security of United Nations personnel, which reviews, among other things, unresolved cases, some dating back more than 20 years, and notes that preparation of a study requested by the Commission on improving security of personnel "has so far not been carried out because resources are lacking and the Commission expressly stated that the study should be prepared 'from existing resources'."
It also has before it reports of the Secretary-General on views and comments received from States on revised draft basic principles and guidelines on the right to reparation for victims of gross violations of human rights and international humanitarian law, which summarizes responses from Chile, Croatia, Germany, Japan, Philippines, and Sweden; on children and juveniles in detention, which also summarizes country responses, in this case from Angola, Chile, Cuba, Guatemala, Guinea, Kuwait, Mauritius, Philippines, Swaziland, and Turkey; on the status of the Convention against Torture, which lists States having ratified, acceded or succeeded to the instrument -- a total of 104; and on financial details of the United Nations Voluntary Fund for Victims of Torture.
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In addition there was a report of the Special Rapporteur on the question of torture, which lists information reviewed by the rapporteur from a number of countries and concludes, among other things, that there is a "high incidence of torture in many countries", while noting that the practice had substantially diminished in some, notably where United Nations field operations were in place pursuant to peace agreements, and expresses support for the establishment of an international criminal court at which crimes of torture could be tried. An addendum provides a summary of cases transmitted to governments by the Special Rapporteur, and of replies received. An additional addendum reviews a visit by the Special Rapporteur to Mexico.
A report of the Special Rapporteur on the independence of judges and lawyers was not immediately available.
A report of the Special Rapporteur on promotion and protection of the right to freedom of opinion and expression reviews issues, activities, and country situations, and recommends, among other things, that all States take steps to assure full realization of the right to access to information, noting that in such matters of the spread of hate speech through the Internet, "the best way to fight" such speech "is through more speech". Two addenda to the report summarize missions by the Special Rapporteur to Belarus and Poland, respectively.
A report of the Working Group on a draft optional protocol to the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment describes the group's work on the draft on a article-by-article basis, stating country remarks and positions.
Also before the Commission is the tenth annual report and list of States which had proclaimed, extended, or terminated a state of emergency, which recommends, among other things, that the Commission consider convening a special meeting to consider establishing more effective mechanisms for containing, preventing, and attenuating the effects of conflicts; and that it establish, as a matter of high priority, minimum humanitarian norms applicable to all situations. An addendum lists States which had proclaimed, extended, or terminated a state of emergency since 1 January 1985.
The Commission is to consider the report of the Working Group on Enforced or Involuntary Disappearances. The report lists information concerning enforced or involuntary disappearances in 67 countries. The Working group concludes that enforced disappearances are a recent phenomenon which emerged during the 1960s and early 1970s as a systematic practice of repression in a number of countries in Latin America under military rule. Unfortunately this soon became a rapidly increasing phenomenon in other regions as well, with Iraq, Sri Lanka and the countries of the former Yugoslavia being the countries in which the highest number of cases were reported to the Working Group. Most of the recent cases occurred in the
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context of internal armed conflicts, ethnic and religious tensions and other forms of internal disturbances.
In addition, the Commission has before it a report of the Working Group on arbitrary detention which reviews communications addressed to it and actions taken in response; field missions; and cooperation with the Commission. There also is extensive discussion of the situation regarding immigrants and asylum seekers in cases of arbitrary detention; and annexes to the report outline revised methods of work, provide statistics, and list opinions adopted by the group at its twenty-eighth session with reference to cases in Bolivia, Peru, Ethiopia, Myanmar, Viet Nam, and Colombia. An addendum provides decisions and opinions made by the group with reference to cases in Nigeria, Morocco, Gambia, Lebanon, Indonesia, Peru, Colombia, Iraq, Syria, Kuwait, Malaysia, United States, Kyrgyzstan, France, Viet Nam, Mexico, Ethiopia, Tunisia, Russian Federation, and Bahrain.
The Commission also has before it an addendum to the report submitted by the Working Group on arbitrary detention on its visit to China, which concludes that the Chinese authorities, in revising the Criminal Procedure Law, have moved away from an inquisitorial system of criminal justice, which, hopefully, will contribute to the protection of human rights in China. However, it believes that much still requires work in terms of the criminal law.
The Commission is also considering the revised final report prepared by Louis Joinet on the question of the impunity of perpetrators of human rights violations (civil and political), which is drawing attention to a number of particularly alarming situations concerning impunity for which he has no solutions to propose. He asks how it is possible to combat impunity and therefore ensure a victim's right to justice when the number of persons imprisoned on suspicion of gross human right violations is so large that it is technically impossible to try them in fair hearings within a reasonable time. It is also vain to imagine that an international criminal tribunal offers a solution.
The Commission will consider a report of the Secretary-General on the United Nations Voluntary Fund for Victims of Torture, which concludes that the Fund's support is vital for the organizations concerned because sources of funding for assistance to victims of torture are limited and because programmes of assistance to victims are sometimes halted owing to insufficient financing.
Other documents before the Commission are a report of the Secretary-General on human rights and forensic science; a note verbale dated 23 February 1998 from the Permanent Mission of Bahrain to the Commission and the Working Group on arbitrary detention; and a letter dated 13 March from the Permanent Mission of the Federal Republic of Yugoslavia.
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Statements
RICHARD GARCIA, of the Indian Treaty Council, said indigenous peoples throughout the world suffered from various forms of discrimination and were involved in constant struggles to protect their rights as equal citizens of the international community. The Indian Treaty Council supported efforts to create a provision for third party arbitration, and a structure for disputes between governments and those claiming that they had suffered discrimination. The organization reiterated its call for a follow-up visit by the Special Rapporteur on religious intolerance, Abdelfattah Amor, to the United States. It also supported the call for the provision of legal and technical assistance to governments to assure that they and human rights monitors were properly trained.
KICKI NORDSTROM, of the World Blind Union, speaking on behalf of a number of non-governmental organizations (NGOs) representing the disabled, said there were more than 500 million persons with disabilities suffering discrimination and human rights violations around the world; those violations occurred in all countries, industrial or developing. For example, in Ghana, a blind or deaf woman who had been raped could not take her case to court since she was unable to identify the man who had raped her; in industrial countries, high-tech information exchange systems excluded the handicapped, who were then left out of vital public discussion; disabled persons everywhere lacked access to buildings, schools, and transportation. The list of examples was endless, and the organizations representing the disabled recommended, among other things, that the Commission ask the Special Rapporteur to focus especially on women and children in his report; that the Commission arrange a conference on the results of the report, and that it develop strategies on how the human rights of such persons could be looked after in the future and how relevant NGOs could be further involved in the Commission's work.
VICTOR WAHLSTROM, of Inclusion International, said mentally handicapped people should be treated with respect and dignity; be listened; have equal protection of the law; have duties to the community like everyone else, and have an adequate standard of living. The situation of disabled people was bad: the vast majority of them in developing countries and in countries in transition lived in miserable conditions. And many developed countries had little to boast about. The international community had a very long way to go before it had a society for all, before the goals of the international human rights instruments were reached; disabled people, and persons with mental handicaps in particular, were abused and discriminated against in every country in the world.
CARLOS ALBERTO SINAS MARGALHAES (Brazil) said the Subcommission on Prevention of Discrimination and Protection of Minorities played a vital role in the functioning of the Commission on Human Rights. In recent years, criticism of the Subcommission had concentrated on its excessive
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politicization and duplication of functions with the Commission. Brazil believed that all efforts should be made to avoid politicization and duplication and welcomed the report of the Chairman of the Subcommission. The country supported the Subcommission's efforts towards the rationalization of its work, through the examination of both procedural and substantive matters in a shorter, cleaner agenda. The Subcommission should also try to further strengthen its links with non-governmental organizations since they had valuable information regarding the situation of human rights around the world.
LIU XINSHENG (China) said the Subcommission had taken some positive steps towards reforming its methods of work, among them refraining from taking action on country situations already examined under the public procedure of the Commission. It had adopted criteria for new studies, including giving priority to subjects recommended by the Commission as well as placing emphasis on economic, social, and cultural rights. It also had called for facilitation of dialogue on human-rights issues in a resolution that would be conducive to reducing the confrontational atmosphere in the Subcommission. None the less, country resolutions considered by the panel still took away a large amount of time and effort during the session. Members should adopt a prudent, objective, and responsible attitude on country resolutions, and reduce the random and selective nature of the exercise. The delegation had reservations over the Subcommission's decision to expand its meeting to five weeks for the next three sessions; China worried that the measure would only add to the logistical and financial burden of the United Nations; the Subcommission should rather concentrate on making full use of its current meeting time.
AKRAM ZAKI (Pakistan) said the Subcommission had carried out its assigned task with competence and dedication. A number of human rights instruments now in force had either originated in the Subcommission or benefited from its expertise. However, one should not forget that the Subcommission was nearly 50 years old. Over the years, it had become overextended -- perhaps a natural consequence of the important tasks assigned to it. That was now preventing the Subcommission from devoting adequate time and focus to its primary task of serving as a "think tank" for the Commission and addressing, at a conceptual level, emerging and important human rights issues. As for its methods of work, Pakistan believed the Subcommission was satisfactorily performing the responsibilities entrusted to it and appreciated the emphasis it had placed on economic and social rights. It also welcomed the completion of studies on impunity of perpetrators of economic, social and cultural rights and on human rights and income distribution. Pakistan also believed the Subcommission should devote special attention to the denial of the fundamental right of self-determination of peoples under foreign and alien domination.
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M.Y. SEMASHKO (Ukraine) said the important role of the Subcommission in analysing and considering human rights matters, contributing to standard setting, and establishing mechanisms to protect human rights, was indisputable. The Subcommission's standard-setting work should be maintained, but it was also important to find a new balance between this and responding to serious and new challenges, especially concerning indigenous peoples and minorities. Still, the Subcommission should respect its limits and should not increase the number of its studies so as not to overload the agenda. The Subcommission should also make sure its studies were exclusively on human rights and did not overlap with those of other bodies. Ukraine believed the Subcommission should not consider country situations, and it welcomed the body's decision not to adopt any resolutions henceforth on violations of human rights in countries with which the Commission on Human Rights was already dealing.
JEAN NZIKOU (Congo) said the Subcommission had concerned itself with the civil war that had taken place in the country, and it was true that the war had given rise to massive violations of human rights there. However, since the end of the war in October 1997, the situation had considerably improved; many efforts were being made by authorities towards returning displaced populations; restoration of peace and security; restoration of private property; dissolution of private militias; collection of weapons; reopening of schools and public institutions; and establishment of institutions to smooth the way towards holding of democratic elections. The Congo, to accomplish this, repeated appeals to the international community for technical assistance. In light of this, the government did not agree with a decision of the Subcommission to recommend that the Commission consider the situation of human rights in the country, and requested that the Commission withdraw that suggestion.
LUIS ALBERTO PADILLA (Guatemala) said Guatemala was a multi-ethnic and multi-cultural State undergoing democratization following the culmination of peace negotiations with the signing of a peace agreement on 29 December 1996. Thanks to the peace process, the identity and rights of the indigenous peoples had been confirmed, as verified by the United Nations Verification Mission in Guatemala (MINUGUA). For that reason, and as a new member of the Commission, Guatemala was concerned with the work of the Subcommission. Most conflicts around the world had at their source the lack of protection of, and discrimination against, minorities.
MONINA ESTRELLA CALLANGAN (Philippines) said efforts made by the Subcommission to rationalize its agenda and reform its working methods were welcomed, but greater progress could be made. There was a need to focus on the Subcommission's primary role as an advisory body of the Commission; a need to facilitate efficient and effective participation of non-governmental organizations; and a need to improve consultations and to enhance cooperation with the various mechanisms of the Commission and all relevant bodies. The
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Philippines would again submit to the Commission at this session a draft resolution on "traffic in women and children" which stressed the urgent need to eliminate all forms of sexual violence and trafficking, including their promotion, through the adoption of effective measures at the national, regional and international levels.
HILDE AVSTAD (Norway) speaking on behalf of the Nordic countries, said the most serious human rights violations tended to occur during periods of internal conflict. It also was understood that such conflicts presented the most difficult context for protection of human rights. While armed groups were bound by provisions of international humanitarian law, there was a problem of adequacy of such law in regard to activities by non-State actors. This problem was especially complex when a government was not in control of its whole territory. In situations where there was a quasi-governmental authority in control of part of such territory, it should be held responsible for applying human rights standards there. Further analysis was needed of this complex issue, however, and also of the matter of derogations under which some States, in exceptional circumstances, were allowed to derogate from their obligations to respect certain human rights standards. The matter of minimum human-rights standards should continue to receive study under the auspices of the Secretary-General.
JEAN-DANIEL VIGNY, Observer for Switzerland, said despite a well developed international normative system in human rights matters and humanitarian law, the most fundamental international protection of the rights of persons sometimes appeared insufficient. The elaboration of minimum standards should result in the establishment of adequate protection to the individual in situations of conflict and internal crisis. Such standards should concern all the actors involved, particularly State authorities, armed groups or non-State actors, as well as individuals and international organizations. The Swiss delegation was of the view that further study should be carried on the issue.
STEPHANE JEANNET, of the International Committee of the Red Cross (ICRC), welcomed the Secretary-General's report on fundamental humanitarian standards and believed that it should be continued in several ways that should affect the content and the format of the study. There was also a need to specify international human rights law and international humanitarian law; the two legal regimes were complementary and confusion between them might be damaging. There was also a need to study violent incidents themselves to see what caused them. The ICRC was already carrying out a study on international humanitarian law and in that context supported the Secretary-General's suggestion to take into account the results of its survey in work on minimum humanitarian standards.
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The speaker said the ICRC also thanked Mr. Joinet for his report on impunity. However, it wished to add that problems of impunity arose in cases of violations of human rights in both peacetime and during armed conflict, while Mr. Joinet only mentioned the latter. There should be a study on international humanitarian law in relation to the principles to combat impunity in peacetime by a group of experts. The ICRC also called on States to show determined political will to set up an effective international criminal court.
CLAUDIA GARCIA-MORENO, of the World Health Organization (WHO), said every day at least 1,600 women died from complications of pregnancy and childbirth -- that amounted to half a million a year. The majority of these deaths occurred in Asia and sub-Saharan Africa; less than 1 per cent occurred in the developed world. Of all health statistics monitored by the WHO, maternal health was the one with the largest discrepancy between developed and developing countries. In addition, over 50 million women suffered from ill health and disabilities due to pregnancy-related complications. The real tragedy was that almost all these deaths could be prevented at relatively low cost; currently less than half of the world's women had access to the basic care necessary to do so; providing it would cost about $3 per person in low-income countries. The many deaths that resulted from lack of it represented a gross social injustice and a severe denial of women's rights; the Subcommission, together with the WHO, should prepare a report on women's reproductive health.
WILDA SPALDING, of the World Federation for Mental Health, said whether it be the trafficking of women and girls, contemporary forms of slavery, terrorism, indigenous issues or developing minimum humanitarian standards, all human rights issues -- including those related to disability -- had components of psychologically and physically devastating impact. Regarding the disabled, the work of Special Rapporteur Bengt Lindqvist in monitoring the implementation of Standards Rules on the Equalization of Opportunities for Persons with Disabilities in the process of social development was a constructive step towards human rights accountability. That work was laying essential foundations for the fullest inclusion of persons with disability in the process of the promotion of human rights and for real redress soon through the human rights mechanisms.
JANETTE BAUTISTA, of the Latin American Federation of Associations of Relatives of Disappeared Detainees, said impunity for crimes against humanity in Latin America and other parts of the world was the crime of the century. The Latin American Federation of Associations of Relatives of Disappeared Detainees brought together 20 associations in 11 countries which continued to experience the negative effects of past and present impunity. Impunity was a major obstacle for countries in transition because it made it impossible for them to build a future. For example, acts of impunity which had not been investigated or clarified had led to forced disappearances and summary
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executions in Mexico. Another important issue was that the investigation and trial of human rights violations by unilateral military tribunals, as practiced in Colombia and Peru, was against all international norms. Member States had to adopt a set of principles on the protection and promotion of human rights through action on impunity to strengthen mechanisms to heighten democracy.
A.S. NARANG, of the European Union of Public Relations, said the Subcommission's working group on minorities had suggested that it act as a forum for dialogue on the treatment of minorities by governments and on ways to improve relations between parties. The working group should be encouraged to do so. While the world was being homogenized in many ways, there was a paradoxical tendency towards groups seeking autonomy, self-determination, and dignity; balance had to be struck, including in cases where demands for respect of cultural identity might imply gross violation of human rights, such as the practice of sexual mutilation of young girls prevalent in many communities. In some situations measures for minority rights had caused backlashes among majorities. Ethnic and religious conflicts continued to cause loss of life, suffering, and misery around the world.
SYED SHOUK, of the World Muslim Congress, said last year one of the Subcommission's experts, introducing a draft resolution on the "human rights situation in India", stated that human rights were being violated in Jammu and Kashmir. The draft stated that the Special Rapporteur on the question of torture had continued to receive information in 1996 indicating that security forces in Jammu and Kashmir had tortured detainees systematically; torture was said to be facilitated by the practice of holding detainees in temporary camps. Furthermore, the Special Rapporteur on extrajudicial, summary or arbitrary executions had expressed concern at the reported failure of the Indian Government to prosecute members of the security forces involved in human rights violations.
JOSE BENGOA, Chairman of the Subcommission, thanked everyone who had spoken on the work of the Subcommission. There was a positive evolution in the direction the work of the Subcommission had taken. Participants in the Commission's debate all thought that the Subcommission should continue the rationalization process, and all the members of the Subcommission agreed on that too. Several countries had also referred to the importance of having a good relationship between the Subcommission and non-governmental organizations, and the Subcommission would broaden that relationship. Finally, speakers had said it was important for the Subcommission to have a special item on economic, social and cultural rights; he believed that this was fundamental in today's world.
BENGT LINDQVIST, Special Rapporteur of the Commission on Social Development, responding to the debate on his report on the human rights of the disabled, said the increased visibility given to problems of the disabled at
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the Commission session was encouraging, and he hoped such an intensified focus would remain over time; in part that was due to the presence and activities of so many organizations. It was clear that there was a close relationship between poverty and disability, and a need for a deeper understanding of the problems involved in promoting the rights of disabled people. There also was a great opportunity in realizing such rights, as the disabled had much to offer.
IVAN TOSEVSKI, Chairman-Rapporteur of the Working Group on enforced or involuntary disappearances, introducing his report, said since its establishment in 1980, the Group had transmitted over 47,000 cases of alleged disappearance to 76 governments. Out of those, only some 2,800 cases had been clarified. Although every individual case clarified should be seen as a success, the fact that almost 45,000 cases remained outstanding was not very encouraging.
He said a number of countries had made considerable efforts in that regard, and a good example of that approach was Brazil which, in 1995, adopted a law concerning the recognition that persons missing in connection with their political activities in the period 1961-1979 were dead. That law provided that the relatives of such missing persons were entitled to obtain death certificates, and to receive compensation from the State amounting to at least $100,000 per person.
JOAQUIN ALVAREZ (Costa Rica) said the working group on an optional protocol on the Convention against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment, set up in 1992, had met five times. The working group had fully complied with its mandate and its discussions had been extremely beneficial and rich in content. It was important to stress that the optional protocol -- which would, among other things, permit supervisory visits to places of detention -- was a preventive mechanism and did not deal with the examination of specific cases, nor would it condemn States parties. It was also essential to set up a financial mechanism to fund technical cooperation. Costa Rica considered torture to be one of the scourges of humanity; entry into force of mechanisms to prevent it were extremely important. It was also important to extend the mandate of the working group to present a final document of the optional protocol.
ESTELA BARNES DE CARLOTTO, of the International Movement for Fraternal Union Among Races and Peoples and a member of the Grandmothers of the Plaza de Mayo, said that year after year it was reported that violations of human rights under the military dictatorship of 1976 to 1983 in Argentina continued to have lasting effects, and that many cases were unresolved. Impunity was not allowed under international human rights instruments, and such instruments had been incorporated into the Argentine Constitution. The country had an obligation to prevent, investigate, try, and punish such offenses as torture and enforced disappearances; it was still necessary to obtain justice for more
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than 30,000 people who had disappeared, including some 500 children, most born during the captivity of their mothers. Setting up of a permanent international criminal court would be a positive development for those seeking justice for cases of enforced disappearances; genocide, torture, and enforced disappearances should be included as crimes against humanity and should fall within the jurisdiction of such a court. Grandmothers still hoped to find their missing Argentine grandchildren, still hoped to have those children know their true origins, still hoped for a genuine democracy in their country.
ANNE-LAURENCE LACROIX, of the World Organization Against Torture (OMCT), said freedom from torture was a non-derogable right; the prohibition of torture was explicitly affirmed in several international human rights instruments. However, its occurrence remained widespread. In Iran, the application of corporal punishment for criminal offenses contravened accepted procedures of international law and international human rights standards. Stoning to death, amputation and public executions were still current practices in Iran. Meanwhile, in Mexico and Peru, impunity remained a major problem. Impunity and the related lack of restitution, compensation and rehabilitation of victims of torture was one of the main obstacles in the fight for freedom from torture.
SIOBHAN DOWD, of International Pen, said the group wanted to bring to the attention of the Commission a widespread pattern of abuse of the right to freedom of expression in the name of national security and anti-terror concerns. Such harsh suppression of the right to free expression served to exacerbate difficult situations, increase misunderstanding and ultimately, further destabilized the State rather than protect it. Typical examples of national security laws being used to prohibit free speech had been occurring for some years in Turkey, Peru and the Republic of Korea.
ALEJANDRO TEITELBAUM, of the American Association of Jurists (AAJ), said the group had submitted a written document giving in general a positive view on the draft set of principles to combat impunity; unfortunately it could not be distributed in time because the Secretariat lacked resources. There were some drawbacks to the draft principles; the draft omitted violations committed by those on outside territory, such as by outsiders promoting coups; it also omitted violations committed during colonial or near-colonial wars, or during military operations authorized by the Security Council, and did not call for compensation for persons hurt by such acts. Meanwhile, impunity continued to be a major problem around the world, including in Brazil. Perhaps, the most glaring example of impunity was the entry of Pinochet into the Chilean Senate. The Association sympathized with the outrage voiced by Chileans. There also were continuing cases of impunity in Colombia and Argentina. The new Government of the United Kingdom might do well to look into unresolved cases of disappearances during the Falklands War.
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TOBY MENDEL, of Article XIX, said the right to seek and receive information was a key aspect of democratic participation. Article XIX underlined the need to guarantee the right of citizens to State-held information. It fully concurred with the view of the Special Rapporteur on freedom of opinion and expression that "the right to access to information held by the government should be the rule rather than the exception". The group noted initiatives currently being undertaken in India, South Africa and the United Kingdom to provide for such a right. Article 19 also wished to underline the important role of public service broadcasters, funded by the State, and their obligation to serve the public's right to know, in particular by ensuring that issues of public interest were reported in a balanced and fair manner.
WALIK OZDEN, of the Centre Europe-Tiers Monde, said that on 11 February, the Correctional Tribunal of Tunisia sentenced the Vice-President of the Tunisian Human Rights League, Khemais Ksila, to three years imprisonment. His crime was giving a statement to his friends denouncing the repression against him and his family. The statement said the authorities seemed to be eliminating dissident opinion by taking over all information institutions and the civil society, while spreading fear and terror. The statement also said the security apparatus had caused serious human rights violations in fighting, reportedly, religious extremism. That had made the danger of extremism a time bomb. His trial was only an illustration of a vast wave of repression targeting freedom of opinion and expression in Tunisia. The cases of attorney Radia Nassraoui and Taoufik Bouderbala, President of the League, were other examples.
PABLO ROMO, of Franciscans International, said torture was still used as part of the administration of justice. For example, torture was frequently used in Mexico as a way of obtaining confessions, and sometimes for simple punishment. There also was a high rate of impunity for such offenses. Arbitrary acts and corruption in justice systems had led to a great lack of trust in Mexico, which meant people took justice into their own hands. In Colombia, the judicial system operated with a general presumption of guilt, except for those who committed human rights violations, for whom there was practically 100 per cent impunity. In Mexico and Colombia, prisons were extremely overcrowded, and political prisoners sometimes were presided over by paramilitaries or parallel justice systems. Delays in administration of justice, in carrying out trials and in hearing appeals, were very long in Colombia. As a result, there had been over 50 prisoner uprisings last year. The Government had been repeatedly made aware of these problems but had done nothing to resolve them. The Commission should call for permanent monitoring of the Colombian situation.
SARA GUILLET, of the International Federation of Human Rights (IFHR), said freedom of association and the principle of the independence of the judiciary in Mauritania had been violated, as evidenced by the recent trial of
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four human rights defenders. The IFHR and the Mauritanian Association of Human Rights welcomed the Presidential pardon the four had received a few days ago, but they feared that the measure had been motivated by political and economic interests. The violation of the freedom of opinion and expression in Belarus and Viet Nam was also a cause for concern . In the former, the banning of the newspaper Svoboda and the measures taken to stifle opposition youths were illustrations of the intention of the Government to silence all dissonant voices. In Viet Nam, meanwhile, the Government had last year adopted a decree that in effect legalized arbitrary detention. The decree could be used against any person suspected of being a threat to national security.
MARIA-JOSEP PARES, of Pax Romana, said that in many places in the world, arbitrary detention and the use of illicit methods of obtaining information were daily acts by those who were supposed to maintain law and order. The visit of the Special Rapporteur on torture showed that the legislative improvements undertaken were far from achieving the desired results. Especially worrying was the way paramilitary groups continued to act in Mexico. For those reasons Pax Romana asked the Commission to call on the Government of Mexico to stop tolerating impunity. Elsewhere, arbitrary detentions had continued in 1997 in East Timor. Indonesian authorities continued to not comply with the country's own legal standards. Sometimes, arbitrarily detentions led to torture as was the case in the Republic of Korea; and there were also new prison policies of concern in Peru.
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Note:In Press Release HR/CN/839 of 1 April, the first paragraph on page 10 should read as follows:
ZORAN TODOROV (The former Yugoslav Republic of Macedonia), in response to a statement made yesterday by the Transnational Radical Party, said the group's statement contained untrue and incorrect information related to the status and rights of the Albanian minority in his country. It was an indisputable fact that the Constitution of the country showed that it was a civil State which derived its sovereignty from its citizens, regardless of their ethnic origins. Besides Macedonians, there were other groups living in the country, including Albanians, Turks, Roma, Serbs and Vlachs. The process of building a civil society in the country was well advanced, and the information presented on the Albanian minority in the country gave an entirely wrong impression about their status.