NON-GOVERNMENTAL GROUPS WELCOME COMPLETION OF DRAFT DECLARATION ON PROTECTION OF HUMAN RIGHTS ACTIVISTS, IN HUMAN RIGHTS COMMISSION

Press Release
HR/CN/845

NON-GOVERNMENTAL GROUPS WELCOME COMPLETION OF DRAFT DECLARATION ON PROTECTION OF HUMAN RIGHTS ACTIVISTS, IN HUMAN RIGHTS COMMISSION

(Reissued as received.)

GENEVA, 3 April (UN Information Service) -- Non-governmental organizations (NGOs) from around the world welcomed the completion of a draft declaration on the protection of human rights activists, but urged vigilance in implementation of the new instrument once it was adopted.

Speaking on behalf of 23 groups, and with the support of another 80 NGOs, a representative of the International Service for Human Rights said the draft declaration, completed last month after 13 years of work, represented the bare minimum, but States were called upon to approve it without further delay. The declaration on its own would be insufficient if not implemented at the national level, the spokesperson said, urging the Commission to monitor progress in its application.

Also this morning, the Commission concluded a general debate on the rights of detainees and heard a statement by Chilean Vice-Foreign Minister Mariano Fernandez. Mr. Fernandez said his country was today a democracy that provided full safeguards to all, as was proper in a State with a genuine rule of law.

During the general discussion, human rights expert Louis Joinet said that during a recent mission to China, the Commission's Working Group on Arbitrary Detention found some problems and some progress. There had been progress in reforms, but it was not clear yet if the reforms were effectively being applied. Mr. Joinet also responded to criticism levelled recently at the Working Group by an NGO in connection with the mission to China.

In addition, the Commission heard from Abid Hussain, its Special Rapporteur on the right to freedom of opinion and expression. Introducing his latest report, Mr. Hussain recommended, among other things, that all governments scrutinize their domestic and legal systems with a view to bringing them in line with international standards governing the right to freedom of opinion.

Before the end of the morning meeting, Commission Chairman Jacob Selebi (South Africa) announced that an informal special dialogue on gender issues would be held at 3 p.m. on Monday, 6 April. The dialogue was expected to afford delegations ample opportunity to make policy statements on the wide range of issues dealt with by the Commission during its yearly debate on the further promotion and encouragement of human rights and fundamental freedoms, he said.

The special dialogue will see the participation of the chairperson of the Commission on the Status of Women, the High Commissioner for Human Rights and the Special Rapporteur on violence against women, among others.

During the discussion this morning, delegates of the following countries made statements: El Salvador, Pakistan, New Zealand, Nigeria, Lithuania, Switzerland, Belarus, Brazil, Denmark and Peru.

The following NGOs also spoke: International Service for Human Rights, Franciscans International, African Commission for Health and Human Rights Promoters, International Federation of Human Rights Leagues, World Organization against Torture, Tunisian Mothers Association, Human Rights Internet, World Movement of Mothers, and American Association of Jurists.

Statement by Chile's Vice-Minister of Foreign Affairs

MARIANO FERNANDEZ, Vice-Minister of Foreign Affairs of Chile, said the President of Chile had asked him to come to the Commission on Human rights to repeat the Government's firm commitment to freedom, tolerance and the dignity of human beings. On the fiftieth anniversary of the Universal Declaration of Human Rights, Chile remembered the role the Commission had played in denouncing serious violations of human rights in the country and supporting efforts to re-establish the full enjoyment of the rights enshrined in the Declaration.

Human rights had been an essential component in the process of return to democracy in Chile, guiding the country's efforts to fully become part of the international community again, he said. Today, Chile lived in democracy and provided full safeguards to all, as was proper in a State with a genuine rule of law. None the less, Chile continued to make efforts to perfect its political system. It also stressed the need to eradicate extreme poverty and social marginalization, as well as to reduce unemployment. Positive results had been registered on those fronts. Furthermore, the Government promoted and protected Chile's indigenous peoples, who had lived in extreme poverty for many years. Among other measures, it had passed comprehensive indigenous laws and established the Indigenous National Corporation.

Mr. Fernandez said technical assistance for developing countries should play an important role in the promotion of human rights and the strengthening

- 3 - Press Release HR/CN/845 3 April 1998

of the rule of law. He highlighted the importance of the Office of the High Commissioner for Human Rights, as well as of bilateral cooperation with States. Chile believed that the negotiations on the right to development should be tackled with flexibility, because it was unreasonable that something of such importance to all countries should continue to be discussed in an atmosphere of confrontation.

Statements on Draft Declaration

MARIO CASTRO GRANDE (El Salvador) said States had the duty to defend the human rights and fundamental freedoms of citizens, but it was also the responsibility of individuals, groups and institutions to contribute to the respect and promotion of those rights. The adoption of the draft declaration on the right and responsibility to promote human rights would go in the right direction -- that of the ideals and principles of the Universal Declaration of Human Rights. The Working Group had to be congratulated for its work, which was a result of arduous efforts. The document was the collective result of work by States and NGOs. Although the text would not solve all the problems and did not satisfy everybody, its essence was welcome.

NEHAL HASHMI (Pakistan) said the draft declaration on human rights defenders, in the making for 13 years, was the product of often long and frustrating discussions. Many participants in those discussions, particularly members of civil society, had despaired of ever seeing a successful conclusion. However, in the past couple of years, all sides had found a new willingness to see the task through. Human rights defenders performed a difficult task in difficult circumstances. They often did so under a real threat to their safety and that of their loved ones. There were roughly 10,000 NGOs in Pakistan, engaged in extremely valuable work. Unfortunately, there were some NGOs which made a point of attacking a single country under any and every pretext, ignoring gross and systematic human rights violations being perpetrated by occupation forces of their mentors. Such NGOs had no place in the company of genuine human rights defenders.

ROGER FARRELL (New Zealand) said human rights defenders acted for those who did not have a voice and engendered new hope and greater awareness. New Zealand thought it especially fitting that the draft declaration on human rights defenders should be adopted on the fiftieth anniversary of the Universal Declaration of Human Rights. It set new international standards, imposed political and moral obligations on States, and was a welcome and important addition to the framework of international human rights. New Zealand regarded it as a foundation for further progress in establishing a productive interface between human rights defenders and States, and between defenders and the international community. The Commission was encouraged to enhance that framework.

- 4 - Press Release HR/CN/845 3 April 1998

CHRIS OSAH (Nigeria) said that, after 13 years, it was gratifying that the Working Group had managed to achieve consensus on the declaration just as the international community was celebrating the golden jubilee of the Universal Declaration. Be that as it may, in the desire to make progress, it had produced a compromise document that was not satisfactory in some respects. In the course of nation-building and the putting in place of a democratic order, Nigeria was, regrettably, contending with the activities of some individuals and groups ostensibly dedicated to the promotion and protection of human rights, but who, in fact, were serving their own interests. Despite Government's best intentions and endeavours, those political activists had failed to join hands with the majority of fellow Nigerians in the process of national reconciliation. Instead, they had held themselves out as human rights defenders in order to attract the attention of a section of the international community which funded their activities.

ANDRIUS NAVIKAS (Lithuania) said it was difficult to overestimate the importance of the completion of work on the draft declaration on human rights defenders. It was significant that such a serious decision as to conclude negotiations on the declaration had been taken by States during the fiftieth anniversary of the Universal Declaration of Human Rights. Lithuania commended human rights defenders, who did not give up the fight for human rights even in difficult, often cruelly hopeless situations.

JEAN-DANIEL VIGNY (Switzerland) said civil society was the engine of democracy, the rule of law, and the respect and promotion of human rights. Civil society counterbalanced any arbitrary tendency of the State. Civil society was composed of free trade unions, a free press, and human rights defenders, who defended those who lacked a voice and attempted to protect those whom the State did not protect or protected insufficiently. For those reasons, Switzerland rejoiced in the completion of the draft declaration on human rights defenders. All deserved congratulations for completing the work, especially the NGOs. The text was a compromise text and, therefore, imperfect, but none the less acceptable to everyone. The declaration still must be applied effectively, and the Commission must begin immediately its efforts to carry out that task.

Rights of Detainees

ABID HUSSAIN, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, introduced his latest report (document E/CN.4/1998/40). He said the right to seek, receive and impart information imposed a positive obligation on States to ensure access to information, particularly with regard to information held by government, by providing a facilitating legislative and administrative framework. Even though a number of States now provided access to information on matters of civil and national interests, the bureaucratic tendency to classify and withhold it on the basis of State confidentiality persisted.

- 5 - Press Release HR/CN/845 3 April 1998

Mr. Hussain said encouraging the existence of independent media, in which ownership was diversified and with a minimum of State interference and a maximum of self-regulation, was another way of curbing the tendency of government bureaucracies to abuse human rights. He recommended, among other things, that all governments scrutinize their domestic and legal systems with a view to bringing them in line with international standards governing the right to freedom of opinion; that they undertake a comprehensive study on access to information, particularly that held by the government, and examine different approaches taken in various regions and countries; and that they undertake to study the impact of new information technologies on the right to freedom of opinion and expression and their implications on that right.

NINA MAZAI (Belarus) thanked the Special Rapporteur on the right of freedom of opinion and expression for his report on his mission to Belarus from 28 May to 1 June 1997. Belarus considered the Special Rapporteur's recommendations to have been made in a constructive spirit. However, despite of the constructive exchange of opinions and the quite balanced approach by Mr. Hussain, the report contained a number of provisions which did not completely correspond to the reality. The report repeatedly alleged existing State control over the mass media; the Government could not agree with that assessment. The Constitution and legislation in Belarus guaranteed the right to freedom of opinion and expression, and that was confirmed by the everyday work of the mass media. As of 1 March 1998, 1,041 periodicals had been registered, and State funding only went to 43 publications. Also, only 54 of the 228 publishing houses in the country were State-owned.

The Special Rapporteur mistakenly believed the press-registering body in Belarus was not independent, he said. His assertion that journalists refrained from expressing critical views, for fear of warnings and other sanctions by State bodies, was totally unacceptable. Belarus fully recognized the crucial role of freedom of opinion and expression in giving substance to democratic development and respect for human rights.

LOUIS JOINET, of the Working Group on Arbitrary Detention, said he had resigned from the chairmanship of the group last year, but was presenting its report because the current Chairman/Rapporteur had fallen ill. The group had taken into account recommendations made to it and, among other things, had introduced flexibility into the 90-day response time generally sought from States to its requests for information. He also had spoken to the representative of Cuba about group working methods that were of concern to that delegation. The Working Group furthermore had begun to address the difficult issue of asylum-seekers, and had undertaken a mission to Peru in January. All the penitentiaries visited there had offered full cooperation, and the group's members were able to see anyone they wished in private. Also, a large number of in-depth meetings were held with NGOs. The country had laudably suppressed its practice of using "faceless judges", and had secured the release of persons whose sentences were without basis. It was encouraging

- 6 - Press Release HR/CN/845 3 April 1998

that the system could acknowledge that it had committed errors. There was a problem with immovability of judges and with military justice in Peru.

Another field mission had been undertaken to China, Mr. Joinet said. In general, the mission found some problems and some progress. It was clear that some people were disappointed with the report, as they had expected it to be totally critical. There had been progress in reforms, but not enough time had passed to allow one to ascertain if the changes were effectively being applied. Progress remained to be made, as well, in certain areas, and those were outlined in four recommendations at the end of the report. The practice of re-education through labour was a contentious issue. The group tried to make a distinction about whether the practice was applied to common law prisoners or to those imprisoned for crimes involving the freedom of expression or religion or for "disturbing public order". The group believed it would be appropriate for Chinese law to state categorically that re-education through labour should not be applied to people exercising their fundamental freedoms, as guaranteed in the Universal Declaration of Human Rights. If common law prisoners, who did not have previous criminal records, were sentenced to re-education through labour, that might be acceptable, depending on circumstances, including the possibility of appeal and due judicial process before such a sentence was handed down.

The group had worked openly and regretted that it was unable to meet dissidents, Mr. Joinet said. It did not have a policy of meeting dissidents in secret. However, at a visit to a prison to Tibet, the group had seen hundreds of followers of the Dalai Lama imprisoned there. An "incident" had occurred when one of the detainees called out, "Long live the Dalai Lama!" Human Rights Watch had criticized the Working Group for not reacting, but the group talked to the person who had called out and asked the senior official to guarantee that that person would not suffer any harsh treatment. Moreover, before leaving Lhasa, the group again asked that the person not be punished. Later, however, the group had been told by an NGO that the person had been subjected to harsh treatment. The Chinese Government denied the report, and the Working Group now would query the NGO about the authenticity of its information.

JACQUELINE SHAHINIAN, of the International Service for Human Rights, making a joint statement on behalf of 23 groups with the support of 80 NGOs, said it had been a trying 13 years since the Commission first mandated the Working Group to draft a declaration on human rights defenders. In the intervening period, the situation of human rights defenders had deteriorated. It was for that reason that human rights defenders around the world welcomed the completion of the draft declaration. The draft represented the bare minimum -- it was not a text human rights defenders would have written. None the less, they urged States to approve it without further delay. The declaration on its own would be insufficient if not implemented at the national level. Moreover, the Commission must monitor progress in

- 7 - Press Release HR/CN/845 3 April 1998

implementation. The NGOs urged the Commission to retain the protection of human rights defenders as a separate item and to consider the proposal to appoint a special rapporteur to monitor, act and report on difficulties faced by human rights defenders throughout the world.

PHILIPPE LE BLANC, of Franciscans International, speaking also on behalf of the Dominicans, said that any compromise on the principles contained in the draft declaration should be avoided, and the Commission should now take steps to ensure that the declaration was implemented worldwide. It should consider appointing a special rapporteur for ongoing monitoring of implementation. The declaration was necessary because, in a number of countries, human rights defenders were persecuted, threatened, and expelled. An example was Mexico, where those working for NGOs had received death threats and had been harassed and persecuted. There seemed to be a systematic campaign under way to discredit human rights organizations there. Mexico, along with Peru and Colombia, had one of the highest records of attacks against journalists. In Colombia, the Government still implemented its doctrine of national security, which considered trade unionists and members of social and human rights organizations as internal enemies and military targets.

MAHMOUD LAVASSANI, of the African Commission of Health and Human Rights Promoters, said when the draft on human rights defenders was examined, one noticed an insistence on domestic legislation and the role of the State in facilitating the task of individuals in order to promote and protect human rights. However, it should be noted that certain countries hindered the efforts made by human rights organizations to verify the veracity of complaints concerning violations received from inside those countries. Many of them even refused to issue visas. The group, thus, supported the initiative to accord individuals and groups the possibility to appeal to an impartial organ designed by the United Nations.

MARTE-CLAIRE ACOSTA, of the International Federation of Human Rights Leagues and the World Organization against Torture, in a joint statement, said that since 1948, the international movement for human rights had continued to grow, and thousands of human rights organizations had been set up. In parallel, hundreds of human rights defenders had been victims of grave violations, including summary or extrajudicial executions, harassment, trial on the basis of fabricated evidence, and pressure on families. Those violations were carried out by members of the police, army or armed groups which had the protection of the military. This deplorable picture had not changed in many countries.

Some situations were of particular concern, she said. For example, in China, promoters and defenders of human rights had, for a long time, been persecuted and suffered systematic police harassments. In Tunisia, the destabilization of human rights organizations had gone hand in hand with threats, detentions and unfounded accusations. Several human rights defenders had been tried and given severe sentences. In the Democratic Republic of the

- 8 - Press Release HR/CN/845 3 April 1998

Congo, the situation of violence raised fears for the safety of human rights activists. There was also serious concern about Mexico, where defenders of human rights continued to suffer from slander campaigns and harassment. The organization called on all States to approve the draft declaration on human rights defenders. It was also vital that the Commission appoint a special rapporteur on human rights defenders.

SAIDA AGREBI, of the Tunisian Mothers Association, said the group was involved in promoting and protecting economic, social, and cultural rights for women and children. The group felt the draft declaration should be adopted by the Commission. Implementation of the declaration would mean active work by all. It was the duty of human rights defenders to ensure integrity, veracity and impartiality in their work -- that was the NGOs' side of the bargain. The Tunisian Mothers Association regretted the fact that some NGOs fell victim to political ploys and championed causes and individuals completely unrelated to human rights. There should be greater solidarity and more exchange of information between NGOs in the South and North.

BELQUIS AHMADI, of Human Rights Internet, said the adoption of the draft declaration would be a hollow exercise unless one could use that declaration to ensure that the rights of human rights defenders were truly respected. Sadly, there were many parts of the world where those who took up the defence of human rights were very much at risk of imprisonment, torture, disappearance and assassination. They were at risk because the very governments that claimed to be committed to international principles of human rights pursued policies at home that totally disregarded those same principles. Human Rights Internet supported the suggestion to establish a special rapporteur on human rights defenders.

KATHRYN BALNFORTH, of the World Movement of Mothers, said the draft declaration on human rights defenders was an admirable document and an important step towards the worldwide realization of long agreed-upon ideals. However, article 7 of the draft allowed any individual or group to unilaterally declare the existence of any new human right, which allowed them then to invoke the special privileges and protection of the declaration. That article was tantamount to advising a person to sign a blank check, then holding that blank check out to the world and trusting that no one would misuse it. Article 7 was about the ability to invoke special privileges and protection that should rightfully be reserved to defenders of established human rights. It was likely that formulators of new rights would often take aim at the cultural values and restraints which had held families and communities together for years. By extending the protection of the draft declaration to those who had never succeeded in achieving recognition of their cause at the international level, one risked cheapening the protection offered to defenders of recognized and agreed-upon human rights.

- 9 - Press Release HR/CN/845 3 April 1998

ANA RENGIFO, of the American Association of Jurists, said many governments continued to give preference to activities of the State over the activities of those fighting for human rights. Severe violations of human rights were the price many human rights defenders had to pay for that attitude. In Peru, Mexico, Guatemala and Colombia, there was brutal persecution of such persons and of human rights groups. She represented an NGO which had been mislabelled by the Government as an organization that promoted insurgency. She had been arrested and put in prison in an unfair procedure. Later, one of her colleagues disappeared and another was murdered. She was then again arrested and imprisoned. Following her release, she had found it necessary to go into exile in order to find relief from the pressure she was under. As for the organization, it had been forced to close its regional offices. Governments must be urged to implement the recommendations made to them, systems of secret justice must be dismantled, military justice must be ended against persons outside their jurisdiction, and paramilitary organizations must be brought to account and made to respect human rights.

CARLOS ALBERTO SISNAS MAGALHAES (Brazil) said torture stood out as one of the most abhorrent and widespread violations of human rights. It was regrettable that, despite the solid legal basis in place, torture remained a current practice in many parts of the world. Brazil's Constitution contained a specific provision on torture, which, in itself, demonstrated that fighting such a crime was of utmost importance and had become a top national priority. With regard to enforced or involuntary disappearances, a law enacted in 1995 had recognized as dead the persons who had disappeared in connection with political activities during the period 1961-1979. The same law assured financial compensation for the families of the victims. The Government was convinced that the adoption of a reparation policy regarding past events was a moral obligation.

ERIK HOLST (Denmark) said the continued widespread practice of torture and the direct or indirect involvement of health professionals in that practice was a matter of concern. There was still an urgent need to find ways to protect health professionals who stood up for the principles of medical ethics. Denmark would like to see the creation of an inter-agency task force involving the Office of the High Commissioner for Human Rights, the World Health Organization (WHO), the United Nations Educational, Scientific and Cultural Organization (UNESCO), and relevant NGOs to look into the issue and come forward with proposals for international, regional and national action that would lead to the effective implementation of the intentions set out in various international human rights declarations.

LUIS ENRIQUE CHAVEZ (Peru) said his Government had issued an invitation to the Special Rapporteur on the independence of judges and lawyers with the best intentions. The country truly was trying to improve the administration of justice. Unfortunately, almost three years after the invitation was issued, the Commission had before it a report that satisfied none of the

- 10 - Press Release HR/CN/845 3 April 1998

initial objectives of the mission. Almost two years had passed between visit and report -- an inadmissible delay. The report bore no relation to the current situation. Additions to take into account recent events only highlighted how outdated the document was. The Special Rapporteur had spent several days in the country with full freedom of action, yet, did not have in the report any first-hand impressions. The document had only information that were third person in origin. He had not given the Government much chance for comment on the report and had not been able to resist indulging in preliminary observations and opinions, which then had been picked up by other sources and used for their own purposes. Most striking was the report's lack of conceptual clarity, especially in terms of the Special Rapporteur's inability to take into account the terrorist violence with which the country had had to struggle. He was fully confused about the aims and nature of the terrorist groups and showed a surprising lack of understanding or sympathy, for example, of the Peruvian response to the hostage-taking at the Japanese embassy.

* *** *