COMMISSION ON HUMAN RIGHTS EXPRESSES DEEP CONCERN OVER SITUATION IN COLOMBIA

Press Release
HR/CN/854

COMMISSION ON HUMAN RIGHTS EXPRESSES DEEP CONCERN OVER SITUATION IN COLOMBIA

(Reissued as received.)

GENEVA, 9 April (UN Information Service) -- The Commission on Human Rights this afternoon expressed deep concern at the persistence and intensification of the internal armed conflict in Colombia which entailed increasingly serious and continuous abuses of human rights, mainly by paramilitaries and guerrillas but also by certain State agents.

Through a consensus statement read out by Chairman Jacob Selebi (South Africa), the Commission said it remained concerned at the unacceptable level of impunity, in particular concerning abuses by State agents that continued to fall under the jurisdiction of military courts. It was also concerned by the fact that members of paramilitary groups sometimes acted in conjunction with, or with the acquiescence of, members of the armed forces or police. It called on the Government of Colombia to take steps to address this problem as a matter of urgency.

Also this afternoon, the Commission adopted resolutions on religious intolerance, rights of minorities, and indigenous issues before resuming its general debate on the promotion of human rights and advisory services.

The Commission condemned all intolerance and discrimination based on religion or belief and urged States to take all necessary action to combat all such acts. It urged States to promote and protect the rights of persons belonging to national or ethnic, religious and linguistic minorities.

It also established an open-ended inter-sessional ad hoc working group to elaborate and consider further proposals for the possible establishment of a permanent forum for indigenous people within the United Nations system.

During the general discussion, delegations addressed the issue of women's rights and expressed concern about the situation of women in armed conflict. A representative of the World Health Organization (WHO) said violence against women and girls was a major cause of ill-health and mortality.

The delegations of Indonesia, Guatemala, South Africa, Libya, Georgia, Azerbaijan, New Zealand, Algeria and Malta made statements during the debate. Representatives of the WHO and the World Food Programme (WFP) also took the floor, as did a spokesperson for the Latin American Federation of Associations of Relatives of Disappeared Detainees.

Chairman's Statement on Colombia

In a statement drafted by consensus, the Chairman of the Commission, Jacob Selebi (South Africa) welcomed the renewal of the agreement between the Government of Colombia and the United Nations High Commissioner for Human Rights extending the mandate of the permanent office in Bogota until 30 April 1999. The Commission believed the office performed a vital role in bringing the human rights situation in Colombia into focus. The Commission expected that the activities of the human rights office in Bogota would continue to contribute to improving the human rights situation in Colombia, and to promote a climate of trust between the Government and all sectors involved in the conflict, and encouraging a process of constructive dialogue.

In this context, the Commission was deeply concerned at the gravity and scale of the violations of human rights and breaches of international humanitarian law reported to the office in Bogota. The Commission was deeply preoccupied by the persistence and intensification of the internal armed conflict, which entailed increasingly serious and continuous abuses and violations of human rights and the application of international humanitarian law mainly by paramilitaries and guerrillas and also by certain State agents. The Commission urged all parties to make serious efforts to negotiate a peaceful conclusion in the internal armed conflict. The Commission was also deeply concerned by the growing and harmful contribution of paramilitary groups to the increasingly violent situation in much of Colombia. It was concerned by the fact that members of the paramilitary groups sometimes acted in conjunction with, or with the acquiescence of, members of the armed forces or police.

The Commission welcomed the reduction in the number of human rights violations attributed to the armed forces and the police, but it was concerned that measures taken by the authorities had not yet succeeded in ensuring that any support for the activities of paramilitary groups was investigated and punished. The Commission remained concerned at the unacceptable level of impunity, in particular concerning abuses by State agents that continued to fall under the jurisdiction of military courts. It called on the Government

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of Colombia to take steps to address this problem as a matter of urgency. The Commission urged the Government of Colombia to strengthen and consolidate its support, through all institutions of the State, of all those who promoted the defence of human rights, and expressed deep concern at the apparent increased threat to many human right defenders.

Action on Resolutions

In a resolution on implementation of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (E/CN.4/1998/L.34), the Commission condemned all such intolerance and discrimination. It urged States to ensure adequate constitutional and legal protection, to ensure that no one was deprived of life, liberty, or security of person based on such intolerance or discrimination, or was subjected to torture or arbitrary arrest and detention, and to take all necessary action to combat all such discrimination and intolerance, including violation of the rights of women. It urged States to recognize the right of all persons to worship or assemble in connection with a religion or belief and to establish and maintain places for these purposes; to ensure that members of law-enforcement bodies, civil servants, educators, and other public officials respected different religions and beliefs and did not discriminate on those grounds; and to exert utmost efforts to ensure that religious places, sites, and shrines were fully respected and protected. It emphasized that, as underlined by the Human Rights Committee, restrictions on freedom to manifest religion or belief were permitted only if limitations were prescribed by law, were necessary to protect public safety, order, health, or morals, or the fundamental rights and freedoms of others, and were applied in a manner that did not vitiate the right to freedom of thought, conscience, or religion. It stressed the need for the relevant Special Rapporteur to apply a gender perspective in the reporting process; and decided to extend the Special Rapporteur's mandate for three years.

In a resolution on the rights of persons belonging to national or ethnic, religious and linguistic minorities (E/CN.4/1998/L.33), the Commission urged States and the international community to promote and protect such rights, including through the participation of such persons in all aspects of the political, economic, social, religious, and cultural life of society and in the economic progress and development of the country. It urged States to take, as appropriate, all necessary constitutional, legal, administrative, and other measures to promote and give effect to the relevant Declaration. It recommended that the treaty bodies give particular attention to the implementation of articles relating to minorities; called upon the High Commissioner for Human Rights to promote implementation of the relevant Declaration and to engage in a dialogue with governments for that purpose; and decided to extend the mandate of the working group on minorities with a view to its holding one session of five working days annually.

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MIRAJUL QUAYES (Bangladesh) said the Commission had authorized the Subcommission to establish the working group on minorities for three years. However, due to the holding of two sessions of the working group in a one-year period, namely during the 1995-1996 inter-sessional, the Subcommission had not had the occasion to study the report on the working group's first session. The holding of two meetings in the inter-sessional was clearly not in keeping with the mandate. Although Bangladesh had made formal interventions from the floor at the Commission and at the Subcommission on this issue, there had been no reaction in the last two years from the Secretariat; that was most unwelcome. This morning, Bangladesh had received a faxed communication from the Chairman of the working group; although still not enlightened as to why it had received no reaction over the past two years, Bangladesh appreciated the Chairman's belated readiness to address the question of interpretation of the resolution. As it was the understanding of Bangladesh that the Secretariat would now schedule the working group's first session following its extension so that questions of interpretation of the mandate were properly taken into consideration, Bangladesh would join the consensus.

MICHAEL DESSER (Austria) said his delegation's understanding was that the working group had to hold its second session in 1996; the month of May was used and thereafter kept as this seemed best. Austria hoped the Secretariat would respond to the issue raised by Bangladesh, and take its concerns into consideration in scheduling of meetings of the working group.

Through a draft resolution, deferred for later action, on tolerance and pluralism as individual elements in the promotion and protection of human rights (E/CN.4/1998/L.25), the Commission would call on States to protect effectively the human rights of all persons belonging to national or ethnic, religious and linguistic minorities without any discrimination and in full equality before the law; to take steps to counter all manifestations of hatred, intolerance and acts of violence; to promote and enhance tolerance; and to promote a culture conducive to human rights, fundamental freedoms, and tolerance. It would call upon the High Commissioner for Human Rights and her Office to include in its work programme, within overall existing resources, efforts to promote tolerance; to undertake specific educational initiatives and public awareness activities to that end; and to advise and assist countries, upon request, to put in place effective safeguards. Mechanisms of the Commission would be called upon to further study situations and conditions that promoted tolerance and to continue efforts aimed at identifying commonly accepted principles and best practices in the field.

MUNIR AKRAM (Pakistan) said tolerance and pluralism were essential elements for the promotion and protection of human rights. Pluralism was under threat in Pakistan's part of the world. Pakistan had with great care and caution examined this initiative and had expressed interest in seeing the text of the draft resolution before it was tabled. Unfortunately, Pakistan was shown a text which was obviously the outcome of long internal discussions.

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So much for transparency. Pakistan was used to rebuffs, but some of the things that it had just heard had reached new heights. Pakistan had examined the draft and suggested a number of amendments which it felt would enrich the text. Unfortunately, none of Pakistan's proposals had been accepted, therefore, Pakistan had tabled the amendments as document L.38. It asked for a vote on those amendments.

GILBERTO SABOIA (Brazil) said the country had participated in consultations on L.25. The delegation found itself in a difficult situation; it was hard to understand why an agreement could not be reached on the consultations. Either more time should be taken to negotiate or Brazil wished to be removed from the list of co-sponsors.

ANTONIO DE ICAZA (Mexico) said his delegation endorsed the statement made by Brazil. The Commission was considering a resolution on intolerance, and voting on it would be a sign of intolerance.

HAMIDON ALI (Malaysia) said the delegation was in an awkward position and supported the views expressed by Brazil to give negotiators more time; not reaching consensus on such a topic would be contrary to the spirit of the draft.

In a resolution on a permanent forum for indigenous people in the United Nations system (E/CN.4/1998/L.24), adopted by consensus, the Commission, taking note of the recommendations of the second workshop on the topic and of the General Assembly, decided to establish an open-ended inter-sessional ad hoc working group from within existing overall United Nations resources, to elaborate and consider further proposals for the possible establishment of such a permanent forum. It decided that participation in the working group would be according to the same procedures as agreed upon for the working group established in accordance with Commission resolution 1995/32; and decided that non-governmental organizations of indigenous people which had the right to participate in the working group established in accordance with resolution 1995/32 automatically be granted right to participate in the new ad hoc working group.

MIGUEL ALFONSO MARTINEZ (Cuba) said Cuba was still preoccupied by the limitation of participation in the proposed working group; he was not sure if more time would allow a compromise. If one could not be reached, Cuba could not support consensus on the measure.

ROBERT LOFTIS (United States) said it was very important to ensure coordination and regular exchange of information among those coordinating this issue. The United States was concerned about the ongoing proliferation of new mechanisms. Its understanding was that the working group on indigenous populations could discuss a permanent forum for indigenous people and other issues. It wanted this made clear before it went further.

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MIGUEL ALFONSO MARTINEZ (Cuba) said the delegation could not support operative paragraphs 4 or 7 of the L.24; the terms of paragraph 4 were extremely restrictive; if L.24 were approved, it would not mean in any way that decision 1 recommended by the Subcommission should not be adopted. Cuba felt the Subcommission should not be precluded from considering this matter.

He added that on the understanding that statements made by delegations would be recorded in the summary records, L.24 could be adopted by consensus.

A motion introduced by Canada not to take action on decision (1) recommended by the Subcommission on a permanent forum within the United Nations system for indigenous peoples was accepted by the Commission. By that decision, the Commission would have decided to request the working group on indigenous populations to focus on the questions of membership and participation in and the mandate of the possible permanent forum for indigenous peoples, with a view to the early establishment of such a forum within the present structure of the United Nations system, preferably under the Economic and Social Council.

SHIGEKI SUMI (Japan) said it joined the consensus on L.24 because it attached great importance to indigenous issues. The ad hoc group should not prejudge the result of the discussion on a permanent forum for indigenous people. Japan reserved its position on the ad hoc group; that issue should have been discussed more thoroughly before being approved.

Statements in Debate

SAODAH SYAHRUDDIN (Indonesia) said eight years ago, the Commission had adopted a resolution on the integration of the rights of women into the human rights mechanisms of the United Nations, and on the elimination of violence against women. Indonesia was pleased to see that the implementation of that resolution was well under way. While it was aware that discriminatory conduct, violence and violation of women's rights had been rooted within societies worldwide since time immemorial, recent history in Rwanda and the former Yugoslavia showed that women and girls continued to suffer in conflict areas as a result of their societal status and their gender. It was time to focus on the development of concrete initiatives to further women's rights; and to develop innovative activities at all levels to increase women's awareness of their human rights and of the available mechanisms to protect and enforce those rights.

MARTA ALTO LAGUIRRE (Guatemala) said her country had been in the process of democratizing the society following the March 1997 peace agreements. Following the signing of the agreements, seminars and conferences had been organized to explain to the population the spirit and contents of the peace documents. Measures had also been taken to assist victims of human rights during the civil war. The Government had also taken measures to implement the

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agreement signed with the Centre for Human Rights in 1996 relating to advisory assistance. The Government was active in eradicating the past wounds inflicted on the people by the authoritarian powers of previous regimes. In the past, Guatemala had not been able to fully discharge its international obligations because of the lack of adequate financial and human resources. Now, the Government was actively engaged in living up to its commitments in the economic, social and political fields.

RENUKA NAIKER (South Africa) said that more than a year ago, the Special Rapporteur on violence against women had visited South Africa to study the issue of rape. The alarming statistics and findings contained in the Special Rapporteur's report had set in motion various measures. For example, a nationwide partnership with the National Network on Violence Against Women was established in May 1996 with a vision to eradicate violence against women and promoting respect for women. Two one-stop centres had been established in Pretoria to assist victims of abuse, and a National Crime Prevention Strategy was elaborated. The National Policy Guidelines for Victims of Sexual Offenses was also launched in September 1997. Although a wide range of services was being offered nationwide to victims of violence and abuse, large gaps remained.

NATAT AL-HAJJATI (Libya) said the verses of the holy Koran held that women and men had equal status in all fields. The rights of Muslim women were no less than those of any men; the divine revelation had confirmed that condition. Women had fundamental rights and obligations, according to the Koran. There was no subjectivity with regard to the rights of women; and that was strongly emphasized by the holy Koran. The Koran had stressed the equality of both men and women as one creation. That equality was also reaffirmed by the Green Book of the Jamahiriya, which was the guiding principle of Libya.

CLAUDIO GARCIA-MORENO, of the World Health Organization, said all forms of violence against women constituted a violation of their human rights as recognized in United Nations human rights instruments. During the World Health Assembly in 1996, member States had agreed that the prevention of violence, especially violence against women and children, was a public health priority. The WHO wished to emphasize the importance of comprehensive preventive actions which should ultimately aim at creating a climate of zero tolerance for violence against women. At least one in five of the world's women had been physically or sexually abused by a man or men at some time of their life; in situations of armed conflict, women might be particularly exposed to rape and sexual assault. Girl children were especially vulnerable to violence, including genital mutilation, which was performed on nearly 2 million girls a year. The WHO was working in the area of violence against women with an initiative focused on the role of the health sector in the prevention of violence and the management of its consequences.

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WERNER SCHLEIFFER, of the World Food Programme (WFP), said saving the lives of people whose ability to gain access to food had been curtailed was one of the first principles of humanitarian intervention. By meeting the needs of refugees or displaced people in situations of famine, natural disaster or complex emergencies, WFP protected and promoted the most fundamental of human rights, the right to life. In 1997, the Programme had targeted food aid assistance to meet the needs of approximately 15 million internally displaced persons, 4 million refugees and returnees, and 10 million persons affected by drought and natural disasters. Nearly 70 per cent of WFP's activities were now focused on humanitarian assistance. Access was a problem which might be shared by humanitarian and human rights organizations: just as the distribution of emergency assistance to certain locations might be blocked, the deployment of human rights monitors might be stalled. It was important that advocacy on access by both be based on a comprehensive definition of the term.

AMIRAN KAVADZE (Georgia) said there had been massive violation of the human rights of more than 300,000 ethnic Georgians, Russians, Armenians, Estonians, Greeks, Jews, and even Abkhazians themselves, in the region of the Abkhazian separatist regime. Abkhazian separatists had committed ethnic cleansing and genocide of the Georgian population in 1992 and 1993 and continued to grossly violate human rights of ethnic Georgians in the region. The atrocious crimes of Abkhaz separatists unfortunately remained unpunished due to the lack of proper mechanisms of justice. Those who committed these crimes against humanity must be brought before an international court.

HIDAYAT ORUDJEV (Azerbaijan) said despite the obstacles raised mainly as a result of the aggression of neighbouring Armenia against Azerbaijan, the progress of democratic processes was the obvious realities of the country. Armenia continued to occupy 20 per cent of the territory belonging to Azerbaijan. Since the restoration of its independence, Azerbaijan had acceded to all main international instruments and many other multilateral treaties on human rights. With the purpose of further promoting development of democracy and human rights protection in the country on the eve of the fiftieth anniversary of the Universal Declaration of Human Rights, the President of the country had issued on 22 February the decree "on measures in the field of ensuring the citizen's and human rights and freedoms" which had clearly defined the appropriate urgent tasks of the Government.

JANETH BAUTISTA, of the Latin American Federation of Associations of Families of Disappeared Detainees, speaking on behalf of 60 non-governmental human rights organizations and social organizations of Colombia, said that during 1997, the human rights situation in Colombia had substantially worsened; and the activities of the paramilitary groups had increased. The measures undertaken by the Government did not show any sign of a decrease in those activities. On the contrary, the number of displaced persons had increased two-fold; and Government policies did not affect the suffering of

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those persons uprooted from their homes. Attacks against human rights defenders had also intensified, with many activists leaving the country for security reasons. The situation of insecurity was not only the making of the paramilitary groups: it was also attributed to some State security agents who covertly associated themselves with the paramilitary groups to undermine human rights defenders. In addition, impunity continued for those who perpetrated human rights violations.

The measures and policies adopted by the Government of Colombia in the human rights field were insufficient, she said. Among other measures, paramilitary groups should be dismantled and effective steps should be taken to improve the human rights situation.

ISTVAN LAKATOS (Hungary) said one of the main causes of current refugee flows was the lack of human rights guarantees. Hungary had the firm conviction that an appropriate human rights policy represented the most effective way for addressing the problems of refugees. Hungary stressed that the international community should remain committed to the principle that human rights could not be considered as being an exclusively internal affair of any given State, but were a matter of legitimate international concern. Prevention remained a most effective form of protection for people in danger of becoming refugees or displaced persons. Yet, in situations of mass displacement, the majority of resources and attention had been allocated to emergency responses. Furthermore, it should be emphasized that prevention and voluntary repatriations should not in any way detract focus from observing the core principle of non-refoulements.

DEBORAH GEELS (New Zealand) said in the area of women's human rights, it was clear that while great strides had been taken, there was still a large gap between the aspirations of the international community and the hard reality of women's lives in many parts of the world. Evidence of that painful reality had been revealed through the important work of the Special Rapporteur on violence against women, whom her country strongly supported. Her country had also taken strong action to counter domestic violence. The Domestic Violence Act of 1995 included a definition of violence that closely resembled the definition of violence used in the Declaration on the Elimination of Violence against Women. The Ministry of Women's Affairs was closely involved with the preparation of the Act which was introduced after extensive rounds of consultation with non-governmental organizations. She recalled that the preamble to the United Nations Charter reaffirmed the equal rights of men and women. New Zealand believed that the Commission had an important role to help ensure that that goal was realized.

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AMINA MESDOUA (Algeria) said 50 years after the adoption of the Universal Declaration on Human Rights, the situation of women in the world remained unacceptable. The status of women in Algeria since independence had significantly changed, even though more work needed to be done to achieve effective equality. The country' education policy had resulted in the reduction of illiteracy among women. The job market had also been opened to women. However, the progress reached had been hampered by the phenomenon of terrorism. Women, who were yesterday's heroines of independence, were now the main targets of terrorist groups and terrorist barbarity. The terrorists wanted to reduce the role of women in society and deny their equality with men. This deserved international condemnation.

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