COMMISSION ON HUMAN RIGHTS CONTINUES TO HEAR STATEMENTS ON ROLE OF NATIONAL HUMAN RIGHTS INSTITUTIONS
Press Release
HR/CN/849
COMMISSION ON HUMAN RIGHTS CONTINUES TO HEAR STATEMENTS ON ROLE OF NATIONAL HUMAN RIGHTS INSTITUTIONS
19980408 (Reissued as received.)GENEVA, 6 April (UN Information Service) -- United Nations human rights experts spoke this evening to Commission on Human Rights on the situations in Guatemala and Somalia, the status of technical cooperation projects and the plight of internally displaced people.
Mona Rishmawi, Independent Expert on Somalia, said the absence of a central Government in that country should not remain an obstacle to re- establishing respect for human rights. She had visited the country to determine how best to establish a programme of advisory services to that end. Human rights violations had allegedly been committed by troops from several countries serving in Somalia. Those charges should be fully investigated and anyone found guilty suitably punished, as the international community could hardly call on Somalis to respect human rights when peacekeeping forces sent by the international community were suspected of breaching them, she added.
Also addressing the Commission, Diego Garcia-Saya, a member of a mission sent to Guatemala last December by the Secretary-General, said there had been a trend of gradual improvement of the human rights situation there, as well as consolidation of civil rights following the implementation of the recent peace agreements.
Leila Takla, Chairperson of the Board of Trustees of the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights, told the Commission that in 1997 the Board appraised and endorsed a total of 15 new project proposals with a total budget of approximately $7.4 million. It also reviewed a number of new projects of a global nature such as a human rights training programme for civilian police and military officers involved in United Nations peacekeeping, and a project to strengthen the capacities of national human rights institutions to address the human rights implications of the HIV/AIDS pandemic, she said.
The Special Representative of the Secretary-General on Internally Displaced Persons, Francis Deng, said it was most unlikely that anyone today would seriously question the concern of the international community with the
plight of some 25 million internally displaced persons, uprooted in nearly 40 countries, desperately in need of protection and assistance. That was a change from the reaction that had greeted the placing of internally displaced people on the Commission's agenda, when many had said the problem was purely internal.
The statements from the experts came as the Commission continued to discuss how to improve the promotion and protection of human rights and the provision of advisory services in the field of human rights. Under the first item the Commission looks at the role of national human rights institutions. This evening, representatives of such institutions from Tunisia, France, Uganda, Georgia, Indonesia, Togo and Venezuela told the Commission of efforts to promote human rights in their respective countries.
Delegates from the following countries made statements: Brazil, India, Argentina, Peru, Sri Lanka, Republic of Korea, South Africa, Canada, United States and Japan.
Statements
DIEGO GARCIA-SAYAN, Member of the Secretary-General's 1993 mission to Guatemala, said the human rights situation in that country had received the attention of the Commission since 1979. At the last session, the Commission had requested the Secretary-General to send a mission to assess the human rights situation of the country following the signing of the peace agreements. The three-person mission had taken place from 8 to 19 December 1997. During its visit, the mission was able to observe developments in the country in the light of the peace agreement. The mission had received the full cooperation of the Government, and it had been able to establish contacts with other organizations of civil society. It had observed that there had been a trend of gradual improvement of the human rights situation and consolidation of civil rights. The transition had been marked by the strengthening of the civil society and the rule of law, with special recognition being given to the rights of the indigenous peoples.
The systematic violation of human rights was no longer the policy of the Government of Guatemala, Mr. Garcia-Saya, said, adding that the punishing of human rights violations was also becoming part of the efforts of the authorities. None the less, it was essential that the Guatemalan Congress enacted laws to strengthen the effective functioning of the judiciary. The Government should also redouble its efforts in the human rights education of the armed forces, the police and civil servants. Also, during its visit, the Mission had received many reports of cases of kidnapping. Although the President's staff was engaged in anti-kidnapping activities, a specially trained unit would be preferable.
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LEILA TAKLA, Chairperson of the Board of Trustees of the Voluntary Fund for Technical Cooperation in the Field of Human Rights, said five years after the establishment of the Board of Trustees of the Voluntary Fund, 53 country, regional and global projects were either in the process of formulation, implementation or evaluation by it. Also during this period, the management of voluntary funds and technical cooperation activities had become more efficient and transparent. The increased relevance of the Board's technical cooperation capacity through a number of recent initiatives was encouraging. Those included the ongoing steps being taken to further integrate economic, social and cultural rights and the human rights of women in the technical cooperation programme.
The Board believed in the importance of coordinating technical cooperation and monitoring activities within the restructured Office of the High Commissioner, she said. However, the Board stressed the necessity of preserving the distinctive nature of technical cooperation. Technical cooperation was aimed at building national human rights infrastructures, a prerequisite without which it was futile to expect countries to implement or respect human rights. The Board enjoyed credibility today because it worked directly with Member States upon their request. There had been increasing requests from Member States, and although mere requests did not reflect commitments of governments to implementing changes, they certainly reflected their awareness of the need to do so.
In 1997, she said, the Board had appraised and endorsed a total of 15 new project proposals with a total budget of approximately $7.4 million. It also reviewed a number of new projects of a global nature such as a human rights training programme for civilian police and military officers involved in United Nations peacekeeping and a project to strengthen the capacities of national human rights institutions to address the human rights implications of the HIV/AIDS pandemic. However, while there had been a sharp increase of resources for human rights monitoring activities in the field, the increase of resources for technical cooperation had not kept pace with the increased number of projects and activities. The budgetary requirements for on-going technical cooperation projects had amounted to $10.3 million while the level of resources available was approximately $3.9 million below that level. Furthermore, a total budget of projects at the final stage of formulation amounted to approximately $7.7 million. Consequently, it was imperative that at least $11.6 million be raised.
FRANCIS M. DENG, Special Representative of the Secretary-General on Internally Displaced Persons, said when the issue of internally displaced persons first appeared on the agenda of the Commission, there was considerable concern about the United Nations getting involved in what was considered essentially an internal problem. However, today, it was most unlikely that any one would seriously question the concern of the international community
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with the plight of some 25 million internally displaced person, uprooted in early 40 countries, desperately in need of protection and assistance.
Today, a wide array of international organizations were engaged in activities aimed at meeting the needs of the internally displaced, and they were beginning to focus more attention on protection concerns, he said. The chronic crisis of coordination that had plagued the international system was being seriously addressed. While the challenge of internal displacement was far from being adequately met, the principles and mechanisms for addressing the crisis seemed to be falling into place.
He remained convinced that country missions were the most tangible means for assessing conditions on the ground and the effectiveness of international responses to specific situations, he continued. They offered the opportunity for dialogue with governments and other concerned actors on ways to improve the conditions of the internally displaced.
MONA RISHMAWI, Independent Expert on Somalia, said a central Government was still lacking in Somalia, but its absence should not remain an obstacle to reestablishing respects for human rights; she had visited the country to determine how best to establish a programme of advisory services to that end, as called for in her mandate.
The general situation remained one of widespread conflict and the political balance remained fragile and unpredictable, Ms. Rishmawi said There were at least 30 clan-based factions involved in the fighting, and in the absence of central Government, basic services in such areas as health had collapsed; international agencies had succeeded in providing some such infrastructure despite the obstacles involved. Children continued in many cases to carry weapons and to be involved in the widespread violence,.
While there were no uniform rules governing private, social, and economic behaviour, she said, law nonetheless was applied in various forms in regions under the control of various clans. In some cases the law was based on the Sharia; in others, traditional clan systems of law were in force. Levels of security available to allow the work of international agencies varied from place to place; in some areas, they could operate, and in some spots mass graves had been located by international officials. Two international forensic experts had visited one of the sites and had issued a report. Somalians should be aided in their efforts to preserve evidence of such atrocities. In some areas police training programmes were being carried out, and in another stability and a resource-starved but basic judicial system was in operation. It was her belief that a programme in technical cooperation should begin in such places, with a headquarters based in Nairobi. A small but modest human rights programme was called for.
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Human rights violations had allegedly been committed by international troops serving in Somalia -- claims mentioned soldiers from several countries, the Special Rapporteur continued. Those charges should be fully investigated and anyone found guilty suitably punished. That was necessary to build confidence for further progress in Somalia. The international community could hardly call on Somalis to respect human rights when peacekeeping forces sent by the international community were suspected of breaching them.
MARTA ALTO LAGUIRRE (Guatemala) said the mission sent to Guatemala last December had held interviews with various sectors of the population as part of its mandate to review and report to the Commission on the situation of human rights, within the framework of the implementation of the peace agreements and efforts to strengthen the country's institutions. The Government shared the concerns of the mission as expressed in its report. That document concluded that there was an urgent need to build solid institutions to safeguard human rights, identifying in particular the areas of citizen safety and the administration of justice. Among steps taken concerning the latter, the Government had inaugurated 20 new courts, while in September 1997, a letter of intention had been signed by the body in charge of coordination of the modernization of the judiciary. The Government also acknowledged that it was necessary to better "digest" the peace agreement: an institution had been set up to encourage the better dissemination of the agreement. Other steps taken included the demobilization of 137 mobile military police units and the reduction of the army by 33 per cent. The Government shared the concerns of the mission, agreed with its recommendations and wished to continue to overcome existing shortcomings.
RACHID DRISS, of the National Human Rights Commission of Tunisia, said the institution, created in 1991, was endeavouring to promote and protect human rights at the national and international levels. Nationally, the commission had carried out in-depth inquiries on the human rights situation in Tunisia and provided important suggestions to the President of the Republic on such issues as the status of the press, the electoral code, women's rights, the situation of handicapped persons and the elderly. The Tunisian commission was particularly concerned by the worsening of racism and xenophobia because of immigration. It was also concerned about difficulties engendered by restrictive immigration laws in host countries.
The commission could receive complaints of violations from individuals, which it studied in order to provide legal responses, he continued. The complaints deemed admissible were transmitted to the competent authorities for adjudication. The President of the country had also allowed the commission to visit prisons and detention places without any prior notice. Furthermore, the commission's findings could be addressed directly to the President.
MARIO BETTATI, of the Commission Nationale Consultative des Droits de l'Homme de France, said the commission was among the oldest national human
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rights institutions, having been set up in 1947. Indeed, one of the institutions first tasks was to prepare draft articles for the Universal Declaration of Human Rights. The commission, formerly under the Prime Minister's office, had been given an independent status in 1993; since 1996 its mandate had been extended to humanitarian affairs. The State was represented in the commission by members of Ministries. The Commission was also made up of senators, members of civil society, judges, trade unionists, various associations and experts involved in international bodies working on human rights. It was particularly interested in the protection and promotion of the human rights of those who defended human rights: it was timely that the Commission on Human Rights had just adopted a resolution on human rights defenders.
The commission was also firmly devoted to the universality of human rights, he said. It felt that there were threats to that concept, with some stating that there might be local versions of human rights. The commission firmly believed that human rights were no longer part of domestic affairs; numerous international norms had now established that principle. The commission hoped the proposed international criminal court would be given all possible resources so that it could effectively combat impunity.
MARGARET SEKAGGYA, of the Uganda Human Rights Commission, said she believed indigenous human rights institutions had a critical role in "indigenizing" human rights and ensuring that they permeated all levels of society. One of the most important functions of the Ugandan commission was to investigate alleged human rights violation; it could do so on its own initiatives or upon complaint made by any person or groups of persons. The commission had powers of a court law: it could issue an order for compensation to be paid, release a detained person or give any other redress it found appropriate. The Commission also ensured that the State abided by the minimum standards on the treatment of prisoners. In addition, it had the task of establishing a continuing programme of research, education and information to enhance respect of human rights. General sensitization programmes were being carried out through the mass media and by arranging counselling services, among other things. Moreover, the commission was mandated to recommend to Parliament effective measures to promote human rights including provision of compensation to victims of violations of human rights or their families, and to monitor Government compliance with international obligations. In short, the commission was determined to do everything in its power to remove the unfavourable conditions affecting human rights in Uganda.
K. REZAG-BARA, of the Algerian National Human Rights Observatory, said the organization continued to work on projects promoting pluralism, democracy, peace, and tolerance, while doing annual balance sheets on the state of human rights. Terrorist violence persisted in the most barbarous and inhuman way; it was a negation of human rights, and all States, international bodies, and NGOs must unite to combat that broad-scale criminality. Despite terrorist
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crime against the civil population, Algeria had completed its process of setting up a frame of democratic pluralism; three major elections had been held successfully during 1997; they had been monitored and carried out in accordance without international guarantees. Certain NGOs on the basis of certain political prejudgments were trying to convince the international community that Algeria was living through an immense crisis and that a State collapse was imminent: that was not true.
NAUDY SUAREZ FIGUEROA (Venezuela), speaking on behalf of the head of the Human Rights Commission of Venezuela, said his country could say with pride that it had made important progress in the dissemination, teaching and promotion of human rights. The National Commission had been set up in 1997 and had been entrusted with the planning, coordination and promotion of human rights policies and activities. The Government was interested in the participation of non-governmental organizations and civil society in the formulation of human rights policies and wanted them to work together with the Commission to strengthen human rights. The National Commission's efforts had led to the preparation of a national agenda for human rights with short, medium and long term plans. The formulation of the agenda had involved the active participation of all sectors of national life.
CAPLOS ALBERTO SIMAS (Brazil) said the Government recognized the activities and mechanisms of the Commission on Human Rights as indispensable to the further promotion and encouragement of human rights and fundamental freedoms around the world. Similarly, the Commission on the Status of Women and the Committee on the Elimination of All Forms of Discrimination Against Women had been of utmost importance in the process of empowerment of women. Brazil commended the efforts deployed by the Commission to effectively integrate the human rights of women into the human rights mechanisms of the United Nations. It was now time for national Governments and non-governmental organizations to monitor the implementation of the commitments undertaken at the Beijing Conference on Women. For its part, Brazil had in March announced additional steps to implement its national plan of 1996, which addressed mainly the areas of the labour market, participation in the political decision-making process, eradication of poverty, prevention and elimination of violence against women, education and training, health care and reproductive rights. The Government recognized the crucial role played by women's organizations in raising awareness about the need for women's empowerment and their equal participation in all spheres of society.
Concerning mass exoduses and displaced persons, he said the plight of those people was a matter of great concern, as they often found themselves excluded even from the enjoyment of their most basic of human rights, the right to have rights. There had been a resurgence of racism, xenophobia and atrocities, as reflected in recent cases of genocide and ethnic cleansing. National governments had an affirmative duty to respect and observe the rights
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of refugees and displaced people; Brazil reiterated its full support to the United Nations High Commissioner for Refugees.
SAVITRI KUNADI (India) said the High Commissioner for Human Rights and her Office played a critical role in the promotion of human rights, as they were the principal means by which programmes and activities of the United Nations in this important area were mainstreamed and implemented. However, in carrying out its mandate, as well as in it character and composition, the Office of the High Commissioner must truly reflect the diversity of the membership of the United Nations. Therefore, it was important to ensure equitable geographical distribution in the staff, including at decision-making levels. It was also regrettable that the gap between the mandates and the resources of the Office of the High Commissioner had continued to widen.
India welcomed the priority the High Commissioner attached to the establishment and strengthening of national institutions, she said. Neither prevention nor monitoring could achieve progress without political will at the national level and the building of national institutions to promote democracy and the rule of law. Therefore, it was important to assess the cost-effectiveness of field missions, deployed primarily for preventive work, and of monitoring activities, as resources used for that would perhaps be put to more effective use if the principal focus remained the provision of technical cooperation aimed at building national capacities.
INES PEREZ SUAREZ (Argentina) said that in 1994, Argentina began a new legal pact with Argentines, based on respect and promotion of human rights. The country now devoted a substantial part of its Constitution to human rights; the Constitution itself, with its human rights provisions, was given the place of supreme law of the nation. National institutions were also given a prime role in promoting and protecting human rights. The International Covenant on Civil and Political Rights was now part of the Constitution; in addition, basic human rights law was reflected in three basic national laws; included in these measures was reparation for the relatives of those who disappeared during the period of military and paramilitary abuses. A sub-Secretariat of human rights carried out other programmes, including seminars in human rights for police and other public figures. A programme devoted to the rights of the child and a programme on women and human rights also had been established, to be carried out throughout the country. Other laws battled discrimination and racism and set out stringent standards for treatment of prisoners.
LUIS-ENRIQUE CHAVEZ (Peru) said that the definition of terrorism, similar to other problems of definitions raised in the field of human rights, was essentially political. The absence of a globally acceptable definition of terrorism did not prevent each country having his own definition, tailored to fit its particular interests. One of the consequences of that subjectivity was that for a number of years, certain States with a humanitarian tradition
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had been betrayed in their honesty and had indirectly supported terrorist groups by providing them political asylum. At present, the right to political asylum served as a cover for terrorist activities. To some States only the State could violate human rights, but that was not the view of the Government of Peru: non-State actors should be held responsible for acts they committed.
Respect for human rights did not exist only in international instruments, he continued. Fundamental rights, such as the right to life, existed outside treaties and were norms that everyone should respect. Moreover, if human rights could only be violated by States, what was to be said of violations against women and children ill-treated by individuals and not by States?
PRASAD KARIYAWASAN (Sri Lanka) said the role of national institutions in the promotion and protection of human rights was justifiably projected as the first line of defence against violations of human rights. Those institutions also had an indispensable place in the efforts of individuals, groups and States towards establishing a universally accepted and nationally respected regime for nurturing a culture of human rights. The Government of Sri Lanka had taken a number of measures to strengthen existing institutions in the field of human rights since the Commission's last session, foremost among them. Foremost was the establishment of the Human Rights Commission of Sri Lanka which was vested with monitoring, investigative and advisory powers in relation to human rights -- powers wider than those of the Supreme Court. Indeed, Sri Lanka had, since independence 50 years ago, embarked upon a programme of action that was designed to provide facilities that would enable the people to enjoy their inalienable economic, social and cultural rights. There were also several institutions that protected and promoted civil and political rights. Now, Sri Lanka was in the process of expanding the functions and needs of its national institutions to enable its people to consolidate their gains pertaining to all human rights. The Commission and other United Nations bodies should shift their attention from exhortations to practical measures to support institution building, particularly in developing countries.
JU CHUL KI (Republic of Korea) said the Republic of Korea had continually expressed its concerns about violence against women, one of the most serious violations of women's human rights. That crime could only be eradicated with the strong will and close cooperation of the entire international community, including civil society. At the national level, the Government had continued efforts for the elimination of all forms of violence against women, including through the enactment in December 1997 of the Special Act on the Punishment of Domestic Violence and the Domestic Violence Prevention and Protection of Victims Act. Women were especially vulnerable to systematic rape and sexual violence in armed conflict situations. For seven years, the Republic of Korea had been referring to the issue of "comfort women", the tens of thousands of innocent women victims of military sexual
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slavery at the hands of the Japanese Imperial Army during the Second World War. Those women had endured multiple rapes and severe physical abuse on a daily basis. The Japanese Government had officially admitted five years ago to the direct involvement of the Japanese Imperial Army in the forced conscription of tens of thousands of young women, yet it claimed only moral responsibility for those inhumane acts and maintained that compensation by a private organization, namely the Asian Women's Fund, was the only possible way to meet the demands of the victims. However, what the victims wanted most was an honest admission on the part of the Japanese Government, that it accept responsibility and show a sincere will to resolve the issue. The Republic of Korea once again urged the Japanese Government to take appropriate measures to meet the demands of the victims.
ANDRE FRANCOIS JACOBS (South Africa) said advisory services were useful and in fact critical for human rights progress, and yet, because they tended to be non-controversial, rarely seemed to receive the attention they deserved. The Secretary-General had sent a needs-assessment mission to South Africa, which had received direct access to all Government departments, police, and armed forces, and was encouraged to hold discussions with universities, human-rights NGOs, and other elements of civil society. The resulting project had been approved by South African authorities last year; it was tailor-made to the country's requirements; the total United Nations contribution to the project would be over $1 million, over two years; it was not the largest project in monetary terms which South Africa had been offered, and yet it already had proved particularly valuable, and Government officials had been very much impressed by the quality of the international expertise provided. An excellent training package for the South African police had already been developed. The country was grateful for this assistance, and thus had made a contribution to the United Nations technical cooperation programme in its own country, and gave financial support to a number of programmes and funds of the Office of the High Commissioner for Human Rights and the Office for the Coordination of Humanitarian Assistance.
KIRSTEN MLACAK (Canada) said her country praised significant steps to implement the 1993 Vienna Declaration and Programme of Action's reaffirmation that the human rights of women and of the girl child were an inalienable, integral and indivisible part of universal human rights. Now that negotiations were under way to establish an international criminal court, a gender perspective must be integrated into the statute and day-to-day functioning of the court and rape and sexual slavery and other forms of sexual violence must be recognized as war crimes and crimes against humanity. However, despite the achievements, much still had to be accomplished in order to put the principle of universality into practice. A disturbing indication of this was the persistence and prevalence of violence against women during times of peace as well as times of armed conflict. The work of the Special Rapporteur on Violence Against Women had been essential in ensuring recognition of violence against women as a violation of human rights. Other
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special rapporteurs were to be encouraged to examine how violence against women impaired or nullified their enjoyment of human rights and fundamental freedoms. Canada also welcomed the Special Rapporteur's plan for her second mandate which included field visits to all regions of the world and re-assessment of the three thematic areas of her mandate -- violence in the family, community and by the state.
ROBERTA COHEN (United States) said a significant challenge confronted the international community with regard to the plight of persons forcibly displaced within the borders of their own countries. Between 20 and 25 million persons were internally displaced in all regions of the world, forced from their homes by internal conflicts, violations of human rights and other causes traditionally associated with refugee flows. Unlike refugees, they could not avail themselves of an international system of protection. At the same time, their own governments were often unwilling -- or unable -- to provide basic protection and assistance to them. Dialogue with governments was extremely important to promoting better conditions on the ground. The United States urged all governments with internally displaced populations to cooperate with the Secretary-General's Special Representative in developing policies and programmes in support of the displaced.
NOBUTOSHI AKAO (Japan) said his Government had planned several events to celebrate the fiftieth anniversary of the Universal Declaration of Human Rights, one of them being the Symposium on Human Rights in the Asia-Pacific region held in January 1998 in Tokyo. Japan had also participated in the sixth workshop of regional human rights arrangements in the Asia-Pacific region which was held in Iran. The workshop adopted a framework for regional technical cooperation in the Asia-Pacific region; Japan could not overstress the importance of the adoption of a document on technical cooperation in the region for the first time.
The representative of Japan said his Government had expressed its sincere apologies and remorse to the former wartime "comfort women" on many occasions. With a view to fulfilling its moral responsibility, the Government had supported the establishment of the Asian Women's Fund to address the issue of "comfort women" and contemporary issues concerning the honour and dignity of women. To date, the Fund had commenced its activities in the Philippines, the Republic of Korea and Taiwan Province of China. In addition to the atonement money and letter of apology from the Prime Minister of Japan to each of the former "comfort women", the Fund was supporting a project to build facilities to assist elderly people in Indonesia with priority given to those who claimed to be former wartime "comfort women".
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