GUATEMALA VICE-MINISTER FOR FOREIGN AFFAIRS, CITING PROGRESS, CALLS FOR END OF CONSIDERATION BY HUMAN RIGHTS COMMISSION OF SITUATION IN HIS COUNTRY
Press Release
HR/CN/847
GUATEMALA VICE-MINISTER FOR FOREIGN AFFAIRS, CITING PROGRESS, CALLS FOR END OF CONSIDERATION BY HUMAN RIGHTS COMMISSION OF SITUATION IN HIS COUNTRY
19980409 Commission Hears Reports on Situations in Haiti, Cambodia; Discusses Violence Against Women, Role of National Human Rights Institutions(Reissued as received.)
GENEVA, 6 April (UN Information Service) -- The Vice-Minister for Foreign Affairs of Guatemala said this morning it would be hard to find a more effective exercise than the work carried out by the Commission on Human Rights on his country.
According to Gabriel Aguilera Peralta, after 18 years of scrutiny the time had come for the Commission to end its yearly consideration of the situation in the Central American nation. During that time there had been a human rights rapporteur, a Special Rapporteur, a Special Representative, and an Independent Expert, along with other mechanisms. Guatemala was now a normal country, although that was not to say that it did not have problems. Presidential elections had been held, the Government was democratic and politically solid, the long internal armed conflict had been ended, and there was peace. Guatemalan civil society, friendly countries, and the international community had participated in that positive transition, he added.
Mr. Aguilera's remarks came as the Commission began to discuss how to improve the promotion and protection of human rights and the effective functioning of its mechanisms. Under that agenda item, the Commission focuses on, among other things, the role of national institutions for the promotion and protection of human rights, violence against women and mass exoduses and displaced persons. Representatives of human rights institutions from India, Denmark, New Zealand, Canada, Cameroon, Morocco, Australia, Philippines and Mexico spoke this morning, as did the Special Rapporteur on violence against women.
The Commission then began a debate on advisory services in the field of human rights. During that discussion, Adama Dieng, Independent Expert on Haiti, said that although the situation of human rights in the country had improved, impunity remained a serious problem.
Impunity was also a serious human rights problem in Cambodia, the Special Representative of the Secretary-General for Cambodia, Thomas Hammarberg, said. The justice system in Cambodia was still not functioning well in spite of efforts, with one major problem being that the courts were not sufficiently protected against political pressure, he added.
In addition, the Commission took up a report on the situation in Somalia.
Also this morning, the Commission elected the following 13 members to its main subsidiary body, the Subcommission on Prevention of Discrimination and Protection of Minorities: Yeung Kam Yeung Sik Yuen (Mauritius); El-Hadji Guissé (Senegal); Joseph Oloka-Onyango (Uganda); Guoxiang Fan (China); Soli Jehangir Sorabjee (India); Rajendra Kalidas Wimala Goonesekere (Sri Lanka); Teimuraz Ramishvili (Russian Federaton); Paulo Sérgio Pinheiro (Brazil); José Bengoa (Chile); Héctor Fix-Zamudio (Mexico); Louis Joinet (France); Erica-Irene Daes (Greece); and Francoise Jane Hampson (United Kingdom). The new members make up half of the Subcommission and they are elected for four years.
Promotion and Encouragement of Human Rights, Fundamental Freedoms
Before the Commission is the report of the Special Rapporteur on violence against women, Radhika Coomaraswamy (document E/CN.4/1998/54). The report discusses, among other things, violence against women in times of armed conflict, custodial violence against women and violence against refugee and internally-displaced women. The report recommends, among other things, that States parties to the 1951 Refugee Convention are urged to adopt guidelines with respect to gender-related asylum claims. It states that there is a great need for more female doctors to meet the gynecological and related care needs of refugee women, and urges that asylum procedures be revised to sensitively address women refugees who have suffered violence, including rape, during times of armed conflict. Among the report's conclusions is a call on governments to remove legal and administrative barriers to women seeking asylum on the basis of gender-based persecution.
An addendum to Ms. Coomaraswamy's report details her recent mission to Rwanda (document E/CN.4/1998/54/Add.1). In that document, she recommends that the international community should take some radical measures to ensure the effective functioning of the International Criminal Tribunal for Rwanda in Arusha, and that all States should cooperate with the Tribunal. The mandate of the United Nations Human Rights Field Operation in Rwanda should be revised bearing in mind the exigencies of time with a view to a dual role of monitoring and technical assistance. At the national level, the report calls on the Government of Rwanda to implement the Arusha Accords and urges it to stop all arbitrary arrests, which are the reason for prison overcrowding. It also calls for an interministerial task force to focus primarily on sexual
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violence during the genocide. The report calls on non-governmental organizations to work to sensitize women victims on the need to speak out in order to bring perpetrators to justice and to coach women witnesses in legal procedures.
The Commission also has before it the report of the Representative of the Secretary-General on internally displaced people, Francis Deng (document E/CN.4/1998/53). The Special Representative concludes that the internally displaced, owing to internal conflicts, civil strife, violations of human rights and other human-made or natural disasters, are modestly estimated at around 25 million in 35 to 40 countries on all continents. The work of the mandate of the Special Representative has in particular laid a sound foundation for developing an effective normative response to the global challenge of internal displacement. If the mandate is renewed, its catalytic role will focus on promoting the practical application of the Guiding Principles on internal displacement by all those concerned with the internally displaced, generating a system-wide institutional and operational response to the plight of the internally displaced worldwide.
An addendum to Mr. Deng's report containing a compilation and analysis of various legal norms relating to the protection against arbitrary displacement (document E/CN.4/1998/53/Add.1). The report states that an express prohibition of arbitrary displacement is contained only in international humanitarian law and in the law relating to indigenous peoples. The lack of a comprehensive de lege lata rule in international human rights law on the forced movement of persons has resulted in an unclear understanding as to its status in international law. He recommends that prior to carrying out any displacement, authorities should ensure that all feasible alternatives are explored in order to avoid, or at least minimize, forced displacement.
Another supplement to Mr. Deng's report focuses on the Guiding Principles on internal displacement (document E/CN.4/1998/53/Add.2). According to that document, the purpose of the Guiding Principles is to address the specific needs of internally displaced persons worldwide by identifying rights and guarantees relevant to their protection. The Principles are intended to provide guidance to the Representative, to States faced with the phenomenon of displacement, to all other authorities, groups and persons in their relations with internally displaced persons.
The Commission is also to review the report of the meeting of special rapporteurs/representatives, experts and chairpersons of working groups of the special procedures of the Commission and of the advisory services programme, which took place in Geneva from 20 to 23 May 1997 as part of the follow-up to the 1993 World Conference on Human Rights (document E/CN.4/1998/45). The experts recommend the development of systems for effective coordination among the various, mechanism. The report also expresses concern at the ongoing
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defamation suit filed in a Malaysian court against the Special Rapporteur on the independence of judges and lawyers.
Meanwhile, a report of the Secretary-General on national institutions for the promotion and protection of human rights (document E/CN.4/1998/47) summarizes the participation by national institutions in meetings of the Commission on human rights and its subsidiary bodies; and reflects the highlights of the fourth international workshop of national institutions for the promotion and protection of human rights and the second Asia-Pacific regional workshop of national institutions.
A note by the Secretary-General on human rights and terrorism (document E/CN.4/1998/48) includes information received from Governments, United Nations bodies, intergovernmental organizations and non-governmental organizations on the implications of terrorism and of the fight against terrorism on the full enjoyment of human rights.
In addition, the Commission will review a report of the Secretary-General on the follow-up to and implementation of the Beijing Declaration and Platform for Action (document E/CN.4/1998/2/Add.1) drafted at the Fourth World Conference on Women in 1995. The report assesses the implementation of the current work plan and includes the joint work plan for 1998, which calls for continued and enhanced cooperation between the Office of the High Commissioner for Human Rights and the Division for the Advancement of Women on the mainstreaming of women's human rights.
Another report of the Secretary-General, on regional arrangements for the promotion and protection of human rights in the Asian and Pacific region (document E/CN.4/1998/50), lists, among other things, the conclusions of the sixth workshop on regional arrangements for the promotion and protection of human rights in the Asia-Pacific region. The report also contains an update on the United Nations programme of technical cooperation in the field of human rights in that region, and the activities of national human rights institutions for the promotion and protection of human rights there.
A report of the High Commissioner for Human Rights on human rights and mass exoduses (document E/CN.4/1998/51) concludes that mass displacement is caused by a wide range of factors, among which violations of human rights and of humanitarian law are predominant. Mass displacement frequently occur in the context of armed conflict and regularly result from deliberate acts and policies, often associated with clear patterns of discrimination. Among the report's recommendations is that given the assumption that early warning is a cost-effective way of minimizing human suffering, it may be questioned whether adequate attention and resources have been allocated for that purpose.
The Commission is also considering the report of the High Commission for Human Rights on strengthening of her Office (document E/CN.4/1998/52), which
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includes two tables of the composition of the staff of the Office according to nationality, grade and gender.
A report of the High Commissioner for Human Rights on the coordinating role of the Centre for Human Rights within the United Nations bodies and machinery dealing with the promotion and protection of human rights (document E(CN.4/1998/52/Add.1) lists voluntary contributions and their allocation.
A working paper submitted by Kalliopi K. Koufa, of the Commission's Subcommission on Prevention of Discrimination and Protection of Minorities on terrorism and human rights (document E/CN.4/Sub.2/1997/28), states that terrorism obviously puts the State under threat and also puts under threat the rights and freedoms of innocent people; there is an inescapable link between terrorism and human rights violations. The working papers discuss the phenomenon of terrorism and its human rights dimension, conceptual perspectives and methodological questions relating to the future work of the Subcommission.
A report of the Secretary-General on the United Nations Decade for Human Rights Education (document A/52/469) lists necessary components for the implementation of the plan of action for the Decade; public information activities of the Office of the High Commissioner for Human Rights, and activities of the Department of Public Information in the field of human rights. A supplement to that report contains the guidelines for national plans of action for human rights education (document A/52/469/Add.1), defining what is a human rights education, listing principles governing a national plan of action for human rights education and recommending steps towards a national plan of action for human rights education.
Another report of the Secretary-General, on thematic issues before the Commission on the Status of Women (document E/CN.6/1998/5), lists recent developments and trends related to violence against women; women and armed conflict; human rights of women, and the girl child.
The Commission also has before it a note by the Secretariat (document E/CN.4/1998/46) containing a list of documents containing conclusions and recommendations of thematic special rapporteurs and working groups on various questions.
Advisory Services in Human Rights
Under this agenda item, the Commission has before it a report of the Secretary-General on technical cooperation (document E/CN.4/1998/92) which summarizes the programme for 1997, including a review of new developments in the field, new approaches to cooperation within the United Nations system, and an accounting of assistance offered to national human rights institutions, along with an outline of field activities.
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In addition, there is a report on assistance to Guatemala in the field of human rights (document E/CN.4/1998/93) provided by members of the Secretary-General's mission to Guatemala, which offers a summary of the evolution of the situation of human rights in the country in light of the implementation of peace agreements signed; among the conclusions of the document are that "serious deficiencies in the administration of justice continue" and that "it is essential for judicial functions to be separated from administrative functions". The report also contends that the current situation of citizen insecurity is one of the greatest threats to the peace process. "The National Civil Police should take responsibility for all aspects of action to combat the offence of abduction and ... should be provided with specialized or elite units to help it improve the results of its efforts to combat the offences of extortion and abduction".
There is a report of the Secretary-General on the role of the Office of the United Nations High Commissioner for Human Rights in assisting the Government and people of Cambodia in the promotion and protection of human rights (document E/CN.4/1998/94), which summarizes a visit to the country by the High Commissioner and outlines activities undertaken, including assistance on legislative reform, administration of justice, national institutions for promotion of human rights, treaty reporting and international obligations, assistance to human rights NGOs, education and training programmes, information and documentation, and provincial offices.
A report of the Special Representative of the Secretary-General for Human Rights in Cambodia on the situation of human rights in the country (document E/CN.4/1998/95) outlines a number of "issues of special concern", including preparations for elections and freedom of expression, protection against political violence, the problem of impunity, concerns over the rule of law, independence of the judiciary, and administration of justice; protection against torture; prison conditions; labour rights; women's rights; rights of the child; trafficking in human beings; and ethnic minorities. On the topic of impunity, for example, he remarks that the matter has been a long-standing problem and a major obstacle in the efforts to construct a functioning system of the rule of law and describes the difficulty as both institutional and political, therefore requiring not only reforms in the administration of justice but also "the political will to ensure that no one is above the law, that the judiciary is given effective authority to prosecute all offenders, regardless of their status or rank, and that it is allowed to discharge its duties in an independent manner". He adds that although action had been taken against illegal checkpoints along the roads and that efforts had been made to seize illegal weapons, soldiers, police, and military policy continued to intimidate civilians, and that he had received reports of such violations from several provinces. The Special Representative states that "insufficient action has been taken to address this major problem" of impunity.
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A report of the Special Rapporteur on the situation of human rights in Somalia (document E/CN.4/1998/96) concludes, among other things, that "the complexity of the situation in Somalia requires that the political effort to find a durable solution to the Somali conflict be strengthened, and that human rights be placed on the agenda of the political talks regarding the future of Somalia". It also recommends placement of a permanent United Nations human rights field officer in the country.
A note by the Secretariat (document E/CN.4/1998/97) draws the Commission's attention to a report on the human rights situation in Haiti, prepared by Adama Dieng, an independent expert appointed in 1995 to assist the Government of Haiti in the area of human rights (document A/52/499). Mr. Dieng's report states that the situation has improved considerably, to judge from the indicators of observance of civil and political rights. Although there is still some "political" violence and instances of violations, they are no longer massive in nature as in the past. As for the effective enjoyment of economic, social and cultural rights, the obstacles are enormous but not insurmountable. They stem from the civilian and military dictatorships that for decades abused political and economic power.
Today's political actors must also bear their share of responsibility because of the confrontation in which they are engaged, which could plunge the country into an unprecedented political crisis, the report states. Laudable efforts have been made to improve the operation of the police force and conditions in the prisons, but much remains to be done. However, the progress made could be wiped out unless there is an in-depth reform of the outdated Haitian judicial system. The top priority must be to set up a competent and effective judicial system.
A report by the Secretary-General on the same topic, also submitted to the General Assembly (document A/52/515), outlines the activities in Haiti of the International Civilian Mission to Haiti (MICIVIH) and of the United Nations Development Programme (UNDP) in the country. Among tasks performed, according to the report, were the holding of training seminars for human rights associations and local representatives.
Statements
GABRIEL AGUILERA PERALTA, Vice-Minister of Foreign Affairs of Guatemala, said the Commission, after 18 years, was again scrutinizing the situation of human rights in Guatemala. It would be hard to find a more effective exercise; there had been a rapporteur, a Special Rapporteur, a Special Representative, and an Independent Expert, along with other mechanisms applied.
Guatemala was now a normal country, although that was not to say that it did not have problems, he said. Presidential elections had been held; the
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Government was democratic and politically solid; the long internal armed conflict had been ended; there was peace; Guatemalan civil society, friendly countries, and the international community had participated in that positive transition.
Structural reforms based on the peace agreements were now being implemented, Mr. Aguilera continued. They related to refugees, displaced persons, indigenous peoples, economic and social reforms, agrarian reform, revision of the role of the army, and other matters, the Vice-Minister said. Efforts were being made to raise public social expenditures and to improve the state of law.
The Commission soon would consider a resolution to end consideration of Guatemala, and the Government supported that proposal, he said. Guatemala had to wait 36 years, trapped by a series of clashes and problems; now the country had awakened to peace and wished to wipe out the traces left by warfare. It was grateful for the international help it had received.
VIRRENDRA DAYAL, of the National Human Rights Commission of India, said that of the various institutional-building ideas contained in the Vienna Declaration and Programme of Action, two had brought the most hope: the establishment of the Office of the High Commissioner for Human Rights and the establishment and strengthening of national institutions that had a statutory or constitutional basis. While not all national institutions were equal in their functions, capacities or resources, the growing interaction and cooperation between them had strengthened the hands of those that had to face special obstacles in the discharge of their responsibilities.
The encouragement and support of the national institutions should receive the highest priority of the High Commissioner, including allocation of resources, he said. In its first two years of existence, the National Human Rights Commission of India had registered an average of 8,500 complaints annually; in the 12 months just completed, it had registered 38,000 complaints. Upon the recommendations of the Indian Commission, important steps were being taken to promote and protect human rights, not least in areas of insurgency and terrorism and to deal with custodial violence. The Indian Commission was also seeking systematic reform of the police, the prisons and other custodial centres established. The Commission continued to be deeply disturbed by the brutal assault on human rights by highly-armed and organized terrorist groups seeking to impair the unity and territorial integrity of the country.
MORTEN KTAERUM, of the Danish Centre for Human Rights, said that the strengthening of national institutions was among other things attributable to the establishment and development of more elaborate regional networks. The networks established a channel for information, were useful for exchanging specific information, and offered an opportunity to exchange human rights
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analyses, thus avoiding duplication of work; they also created ties that helped institutions maintain or develop their independence. In States with weak civil societies and without a tradition of freedom of the press, such a role was valuable indeed, as outside support helped national institutions to function as one of the few voices defending international human-rights standards. It also was possible to develop joint programmes through networks; and ongoing training was a further payoff. It remained vital for the Secretary-General to provide the necessary assistance for regional meetings of national institutions. One of the important functions performed by the Danish Centre for Human Rights was the writing of alternative or so-called shadow reports to be submitted to United Nations treaty bodies on issues related to refugees and migrants.
PAMELA A. JEFFERIES, of the New Zealand Commission for Human Rights, said interest in developing human rights institutions within States in the Asia-Pacific had intensified in the last year. All national institutions in the region were not only involved in Asia-Pacific Forum activities -- such as regional meetings and training workshops for investigators in Manila and media personnel in Jakarta -- they were also dealing bilaterally with high levels of enquiries, delegations and requests for assistance throughout the region. In New Zealand, it had been a challenge to meet international requests for assistance while dealing a wide-ranging domestic jurisdiction. The New Zealand commission, established 20 years ago this year, had been looking at the opportunities of the future. Established democracies still faced challenges in working with non-governmental organizations, civil society and the State to work out how best to deliver human rights to their citizens. Issues such as health rationing versus the right to health, unemployment versus the right to work and the rights to social security developed in an environment where social spending was growing faster than the economy, were, while not as brutal as some human rights abuses, very real to the most vulnerable in the community. They were also part of the core activities of the New Zealand commission.
MICHELE FALARDEAU-RAMASAY, of the Canadian Human Rights Commission, said national human rights institutions played a key role in ensuring that human rights ideals were put into effect at home where it really counted. Each national human rights institution reflected national needs and priorities, but also internationally accepted standards, including substantive independence, appropriate jurisdiction and legitimate pluralism. Independence was of pivotal importance to national institutions: the Commission was urged to allow national institutions to have a distinct status, independent of their State delegations, so that they could deal directly and in their own right with the United Nations.
SOLOMON NFOR VWEI, of the National Commission for Human Rights and Freedoms of Cameroon, said the organization had a number of activities, including training programmes for police and prison officials; television and
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radio programmes; education programmes for primary and secondary schools; and a complaints procedure, through which over 500 complaints had been registered over the past year. There also were impromptu visits to prisons and places of detention; prisons had been found to be overcrowded. The Commission lacked financial and human resources, but was doing its best. The Coordinating Committee of African National Human Rights Institutions had been formed after a meeting in Yaounde, to which 12 African institutions had sent representatives; it had embarked on a number of activities and its Chairman had attended a number of international meetings; he also had participated in several regional and international radio programmes. Human rights problems in Africa were extensive, and refugee flows resulting from human rights abuses were increasing; further help was needed from the international community.
DRISS DAHAK, of the Consultative Council for Human Rights of Morocco, said national institutions on human rights were complementary organs in the protection and promotion of human rights. One of the roles of the Council, established in 1990, was to harmonize national legislations with international commitments of the country. The Council was an independent organ playing a role of mediator. In 1994, it participated in the drafting of an amnesty law that had benefited many, allowing them to lead normal lives within the Kingdom; it had also visited prisons and had lodged complaints of human rights violations before the country's Ombudsman. The Council was composed of five working groups related to human rights protection and promotion; it was chaired by the head of the Supreme Council of the Kingdom.
The Council also monitored the religious and cultural diversification of Moroccan society, he continued. Recently, the Council had joined the international community in celebrating the fiftieth anniversary of the Universal Declaration of Human Rights.
CHRIS SIDOTI, of the Australian Human Rights and Equal Opportunity Commission, said national governments bore the primary responsibility for the protection and promotion of the human rights of their own peoples. National human rights institutions were among the most important domestic mechanisms through which governments could ensure those obligations were met. National institutions played a supplementary role to the executive, legislative and judicial arms of government, and if truly independent, could be watchdogs over executive actions. They were not to be affected by the political processes that could sometimes influence parliaments to enact legislation contrary to human rights. For example, Australia's High Court had decided last week that the national parliament might have authority to enact special legislation that discriminated against or disadvantaged some Australians on the basis of race. That situation was totally unacceptable because surely any legislated racism was a manifest abuse of power. The Commission had also raised its voice against an Australian parliament proposal to remove some of the native title rights of indigenous Australians. Thus the importance of having an
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independent national human rights institution to call attention to situations, both domestically and internationally, was obvious.
ADAMA DIENG, Independent Expert on Haiti, introducing his report, said everyone was wondering if the country's political class was aware of the dangers threatening the country, as political, economic, and civil crises loomed. There was a need for concerted effort so that all stakeholders could be involved in progressive development of human rights, with special emphasis on health and education. Numerous institutional weaknesses persisted, including some related to the rights of women and children. No adequate response had been found to violence against women; police procedures had proved extremely inadequate. It was time to consider whether domestic violence, which was regarded as a private matter, didn't have a political dimension, as the patriarchal nature of the judicial and others systems was not helping to ease women's plight. At the moment it seemed that violence against women was accepted as something perfectly natural.
There was a frightening increase in the number of street children in Haiti -- particularly girl children, Mr. Dieng said. The matter reflected dire economic circumstances in rural regions and overpopulation and poverty in urban areas. Impunity was another serious problem. In that connection, it was symbolically and practically important for the United States to return documents seized from the headquarters of the Armed Forces of Haiti Front (FRAPH) related to the Raboteau massacre. The trial over the massacre was vital to the establishment of the rule of law and battle against impunity. The United States, with its history of legal rectitude, was clearly obligated to return papers that would help with administration of justice in this matter.
It was important to continue to try to improve the institution of the police, despite considerable difficulties encountered, Mr. Dieng said. One major obstacle was the near absence of a Haitian judicial system; cases involving police misconduct referred to the judiciary simply were not brought to trial in many instances, while in others those involved were released by judges.
The Haitian people were tired, exhausted, Mr. Dieng said. They needed relief from long-running poverty and human rights violations, and they needed justice. There was no doubt that until the human rights situation in Haiti was improved, it would continue to menace the stability of the country.
JOSEPH PHILIPPE ANTONIO (Haiti) said the people and Government of Haiti, under difficult conditions, were setting down the foundations of democracy in their country. However, the Government had little chance to achieve its objective in a reasonable delay; an effective cooperation of the international community was essential. The expert's report was objective and balanced. As indicated by the expert, Haiti's major preoccupation was the days functioning
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of the judiciary. To that end, the Government had undertaken to structure the judicial system. In the face of those efforts by the Government, some States had refused to hand documents in their possessions concerning the identities of the authors of the human rights of human rights perpetrators during the period of the coup d'état in Haiti. In addition, Haiti could not understand the attitudes of some States in their delay to facilitate the return of identified individuals directly involved in human rights violations during the coup d'état. This year's resolution on Haiti should therefore be based on the recommendations of the independent expert.
RADHIKA COOMARASWAMY, Special Rapporteur on violence against women, said her report focused on the State and its role in the perpetration of violence against women. The first part of the report dealt with the problem of armed conflict, the second with the question of custodial violence and the third focused on the issue of refugees and the internally displaced. During periods of conflict, women were subject to violence by men of the enemy community or security force. They were raped, and after sexual violence, most women were killed or decapitated. Women were also subject to violence from the men of their own community who attempted to save their honour following such rapes, and they also inflicted violence on themselves. Luckily, the attitude to women as booty of war was beginning to change. For example, the International Tribunals for the Former Yugoslavia and Rwanda began the process by listing rape as a crime against humanity. It was necessary to also address the special problem posed by the activities of non-state actors who had taken up arms against the State.
Ms. Coomaraswamy said the problem of custodial violence against women was also an important one as it was perhaps the worst form of violence by the State. Women were tortured, raped and beaten in prisons throughout the world. States had to be called upon to take urgent measures to prevent custodial violence against women.
The other aspect of violence by the State and during time of armed conflict which was of concern was the problem of refugees and the internally displaced, she said. Refugees and displaced women who lived in camps were subject to a great deal of abuse around the world and they were often raped and sexually harassed by guards and other refugees. Though organizations such as the United Nations High Commissioner for Human Rights had formulated excellent guidelines for the treatment of women refugees, they were not being translated into an effective reality.
In concluding, Ms. Coomaraswamy referred to her mission to Rwanda and said that violence against women during the genocide had been horrific. It was absolutely necessary that the perpetrators of that genocide were brought to book and that the international community support the tribunal in Arusha and national trials. The Government of Rwanda was also called upon to
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recognize that even the perpetrators of genocide were entitled to the protection of their human rights.
THOMAS HAMMARBERG, Special Representative of the Secretary-General on Human Rights in Cambodia, introducing his report, said that as the Commission met on 30 March 1997, a peaceful and authorized demonstration in Phnom Penh was being attacked by hand grenades outside the Parliament building. The result was a bloodbath: at least 16 people had died and more than a hundred were injured. That atrocity was strongly condemned by the Commission in its resolution calling the Government of Cambodia to take immediate and effective measures to uphold the rule of law. However, no one had been arrested or persecuted for that crime and no report of the investigation had been issued; that added to a widespread sense among many Cambodians that politically-motivated criminal acts would go unpunished. The phenomenon of impunity was a most serious human rights problem in Cambodia today.
Mr. Hammarberg said that on 22 August 1997, he had submitted to the Government of Cambodia a memorandum giving detailed information about 41 cases of executions and 16 cases of "disappearances". At an early September meeting, the Second Prime Minister had agreed that the executions should be seriously investigated. However, there was still no indication of such investigations, and no one had been arrested or prosecuted. Neither had the Government accounted for the whereabouts of the 16 persons arrested and "disappeared". Although three of them had subsequently "reappeared" alive, the fate of the remaining 13 was still unknown. Meanwhile, there had been further killings and cases of "disappearances". The Special Representative had received reliable information about more than 50 additional cases of killings in which the motivation appeared to be political.
His report dealt with another serious aspect of impunity, he said, namely the fact that the horrendous crimes of the Khmer Rouge regime were still unpunished. In his discussions with the two Co-Prime Ministers of Cambodia last June, they had agreed on the need for legal proceedings against the Khmer Rouge leaders. They had signed a letter to the Secretary-General asking for assistance for that purpose.
Mr. Hammarberg added that the justice system in Cambodia was still not functioning well in spite of efforts from the Ministry of Justice as well as the United Nations and other outside supporters. One major problem was that the courts were not sufficiently protected against political pressure.
SHIRLEZ MABUSELA, of the South African Human Rights Commission, said the institution continued to investigate numerous human-rights violations which took place as a result of racial discrimination, especially in schools, higher-education institutions and prisons; the commission was working closely with the Justice Department to develop equality legislation. Another issue the commission was dealing with was that, as a result of crime, many people
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were urging barbaric ways of dealing with the situation, including the re-introduction of the death penalty. The South African Commission supported the ban on the death penalty and did not believe that it should ever be revisited.
The importance of ensuring access to social and economic rights by the majority of South Africans could not be overstated, she said. It was a major and challenging task and the commission was exploring mechanisms which would ensure that the poorest of the poor were not forgotten.
JUDGE AURORA NAVARRETE-REUNA, of the Commission on Human Rights of the Philippines, said human rights education was the Philippines' best export item; case studies in Thailand, Nepal, India, and Japan showed that human-rights education projects were now proliferating throughout the Asia Pacific region. Human rights education was best conceived of as a life-long process through which people learned to respect the dignity of others. An important programme of the Philippines Commission was the Baranga Human Rights Action Centre; Barangay was the smallest political unit in the Philippines, and the programme was conceived so that the Commission would be within the reach of people even in far-off regions of the country. The Philippines also had established an inter-agency task force to develop a national plan of action for human rights. The plan covered 16 vulnerable sectors of society.
MIREILLE ROCCATI, of the National Human Rights Commission of Mexico, said the Mexican commission was independent and neutral. It had been assisting in the settlement of differences between the State and individuals with regard to human rights issues. It had also carried out programmes of human rights protection and promotion relating to vulnerable groups, particularly women, children and indigenous peoples. The Commission had also arranged visits to prisons to monitor respect of human rights norms.
The commission believed the promotion of a culture of respect for human rights was essential for Mexican society, she said. In addition to recommending legislative reforms to enhance the human rights of the individual, the Commission hade been involved in solving the problems faced by the indigenous peoples. In Mexico, there were 95 million indigenous inhabitants and the Commission had been assisting them overcome the difficulties they faced in lodging complaints with the authorities. Still, the situation of indigenous peoples was not satisfactory: they had suffered from ill-treatment from the administration and the judiciary.
Ms. Roccati added that the Commission had advised the Government of Mexico to withdraw certain reservations with regard to the functioning of the Inter-American Court of Justice.
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