SPECIAL RAPPORTEURS SPEAK ON STATE OF HUMAN RIGHTS IN AFGHANISTAN, IRAN, EQUATORIAL GUINEA
Press Release
HR/CN/857
SPECIAL RAPPORTEURS SPEAK ON STATE OF HUMAN RIGHTS IN AFGHANISTAN, IRAN, EQUATORIAL GUINEA
19980416 Human Rights Commission Drops Guatemala from Agenda(Reproduced as received.)
GENEVA, 14 April (UN Information Service) -- The Commission on Human Rights this afternoon decided to conclude its consideration of the situation in Guatemala, 19 years after it first took it up and following the signing of peace agreements between the Government and the Unidad Revolucionaria Nacional Guatemalteca (URNG).
The Commission's decision came in the form of a resolution, adopted by consensus, in which it requested the Office of the High Commissioner for Human Rights to renew its agreement on the provision of advisory services with the Government, providing assistance particularly to the office of the Ombudsman, governmental bodies, and to non-governmental organizations for the protection of human rights, of women, and of indigenous populations. The Commission encouraged the Government to expedite and intensify the provision of assistance and services to the most vulnerable sectors of the population and requested the acceleration of mechanisms to facilitate full integration of all demobilized persons into the country's civilian and productive life.
Guatemala's Vice-Minister for Foreign Affairs, Gabriel Aguilera Peralta, welcomed the decision, thanking the Commission and the international community for its assistance in the establishment of human rights in the country and in the consolidation of democracy and peace. That sentiment was echoed by a representative of the URNG, who said the Commission had played a fundamental role in the defence and promotion of the human rights of the Guatemalan people.
This afternoon, the Commission also heard from its experts on the situations in Afghanistan, Iran and Equatorial Guinea. Choong-Hyun Paik, Special Rapporteur on Afghanistan, said human rights were far from being a common standard for the people of that country, with women being especially disadvantaged. The general human rights situation in Afghanistan, in areas
controlled by the Taliban movement and by the Northern Alliance, had deteriorated further over the past year.
Maurice Copithorne, Special Representative on the situation of human rights in Iran, said that in some areas the Government was making significant efforts to improve the situation, although that was not happening without resistance. While some had cast doubt on the intentions of the new Government in that regard, he believed that, given the significant number of indicative incidents, the executive branch of Government must indeed be given the benefit of the doubt.
Alejandro Artucio, Special Rapporteur on Equatorial Guinea, said the dialogue between the Government and various political forces had resulted in April 1997 in the approval of a document which raised considerable expectations for the building of democracy. Some steps had been taken, although women continued to be disadvantaged in social and political matters. Extreme poverty, experienced by 65 per cent of the population, was also of deep concern.
Statements were made by delegates from the following countries: Afghanistan, Ecuador, Guatemala, Iran, Equatorial Guinea, Japan, Egypt, Iraq, Singapore and New Zealand.
The following non-governmental organizations also spoke: Human Rights Watch, Amnesty International, Association of World Education, World Organization against Torture, Pen International, Latin American Federation of Journalists, Article XIX, Union of Arab Jurists, Franciscans International, Centre Europe-Tiers Monde, African Commission of Health and Human Rights Promoters, International Association of Democratic Lawyers, and International Federation of Women in Legal Careers.
Resolution on Guatemala
In a resolution on assistance to Guatemala in the field of human rights (document E/CN.4/1998/L.39), the Commission recommended that the Government of Guatemala ratify all international standards for protection of human rights and establish all necessary mechanisms for active participation in their application; requested the Office of the High Commissioner for Human Rights to renew its agreement on provision of advisory services with the Government, providing assistance particularly to the office of the Ombudsman, governmental bodies, and to non-governmental organizations for the protection of human rights, of women, and of indigenous populations; encouraged the Government to expedite and intensify the provision of assistance and services to the most vulnerable sectors of the population; requested the Government and indigenous peoples' organizations to give effect as soon as possible to undertakings agreed to through negotiations; requested the acceleration of mechanisms to facilitate full integration of all demobilized persons into the country's
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civilian and productive life; urged the international community to supply and increase technical and financial resources necessary for the execution of all agreements; and decided to conclude its consideration of the human-rights situation in Guatemala.
GABRIEL AGUILERA PERALTA (Guatemala) thanked all those who contributed to the democratization process and the achievement of peace in his country. The people of Guatemala were now able to enjoy democracy, thanks to the international advisory and technical assistance they had received in their efforts to build a peaceful society, and thanks to the United Nations verification mission in Guatemala, known as MINUGUA. Guatemala had fully integrated the international advisory and technical assistance in achieving democracy and peace, thus becoming a good example for the international community. The country's President, Alvaro Arzu, would lead the historic transition to democracy through national reconciliation.
ADRIAN ZAPATA, of the Unidad Revolucionaria Nacional Guatemalteca (URNG), said his group wished to thank the Commission for its assistance with regard to the situation of human rights in Guatemala for the past 19 years. The Commission had played a basic role in the defence and promotion of the human rights of Guatemalan people. Now that the peace agreements had been signed, Guatemala had set its course for democracy. It was essential to seize this historic opportunity to live up to the contents of the peace agreements. The resolution adopted by the Commission was interpreted as a major sign of political support for the peace process and it reflected the success achieved until now. Vital decisions now had to be taken with respect to, among other issues, constitutional reform, tax and land-ownership reform, reform of the judiciary, and agrarian reform. The United Nations verification mission was also essential, as its reports reflected the fulfilment of the peace agreements.
Violations of Human Rights, Fundamental Freedoms
The Commission is considering a series of reports from Elisabeth Rehn, the former Special Rapporteur on the situation of human rights in the territory of the former Yugoslavia. In her final report(document E/CN.4/1998/63), Ms. Rehn states that it has been vital to her mandate that she has actively travelled in the field. The only leverage available to the Special Rapporteur has been her high visibility, which guarantees a high profile for issues of human rights, through field missions, reports and communications with officials. In the field of human rights, a main difficulty is that the discussion focuses on collective rights and the rights of ethnic groups, not individual rights, yet these different needs of subgroups must be considered.
In a report on the situation of human rights in the former Yugoslav Republic of Macedonia (document E/CN.4/1998/12), she states that the
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Government has made considerable progress in the protection of human rights since the establishment of her mandate in 1992. It must be acknowledged that some key steps have been taken. However, some important legal provisions continue to be violated by the authorities with disturbing frequency. The Special Rapporteur remains concerned by abuse of police authority, including in the form of unlawful arrests and detentions, excessive use of force and physical ill-treatment of detainees. The Government is strongly urged to continue to take all possible measures to prevent these abuses in the future.
Ms. Rehn's report on the situation of human rights in Bosnia and Herzegovina (document E/CN.4/1998/13) states that mines continue to kill and maim the people of Bosnia and Herzegovina and notes that the right to life is also seriously endangered for other reasons. The Special Rapporteur recommends that the demining process be accelerated and become a part of the planning process for projects for returnees, and that measures be taken to eliminate the death penalty. Reports continue to reveal cases of police involvement in beatings, and harassment of members of the public and illegal arrests and detentions continue to occur. Police officials who, after impartial investigation, are believed to be responsible for abuses should be prosecuted. The right to a fair trial has not been satisfactorily observed and implemented in Bosnia and Herzegovina. The relevant authorities should comply with recommendations concerning trials where international observers have concluded that the rights of the defendants were violated and that retrials be ordered where appropriate. The Special Rapporteur says that perpetrators of war crimes must be brought to justice and notes that a large number of war criminals enjoy impunity at present, a number of them also holding positions of power. The relevant authorities should ensure that those indicted for war crimes by the International Criminal Tribunal be arrested and extradited to The Hague. The Special Rapporteur also makes recommendations on freedom of movement, right to return, property rights, freedom of expression, missing persons, law enforcement and police reform, national human rights institutions and redress mechanisms, human rights reporting obligations, and non-governmental organizations and civil society.
In a report on the situation in the Republic of Croatia (document E/CN.4/1998/14), Ms. Rehn concludes that the security situation in the former sectors north, south and west remains unstable, and that acts of looting, harassment, discrimination and killings, sometimes by explosive devices, continue to be reported. The ongoing violence remains one of the main impediments to the return of Croatian Serb refugees and displaced persons. The Special Rapporteur recommends that the Croatian police increase its activity further in the former sectors to restore an environment of law and order. There has been minimal progress on returns, with displaced and refugee Croatian Serbs in particular facing difficulties in regaining access to their properties, many of which are now occupied by Croat refugees and displaced persons. The Law on the Temporary Takeover and Administration of Specified Property should be immediately suspended and the Government should take
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effective steps to accelerate the return of Croatian Serbs to their homes or to ensure just compensation.
A report of Ms. Rehn on the situation of human rights in the Federal Republic of Yugoslavia (document E/CN.4/1998/15) concludes that the Government should review and implement the recommendations made by the Special Rapporteur in her previous reports, most of which had thus far gone unimplemented -- notably the recommendation that the Government should take measures to strengthen legal and other guarantees for the protection of human rights. The Government should create accessible, independent and impartial supervisory institutions, such as an Ombudsman. The Government of Serbia should permit all major political parties proper access to State-run television. The Government should also establish a programme of human rights education in schools, academic and legal institutions, as well as in police training institutions. Lawyers should be granted prompt access to their clients after arrest, and the Government should ensure that those responsible for torturing or ill-treating persons in custody and those who ordered or participated in using force against peaceful demonstrators in early 1997 should be brought to justice. The Special Rapporteur is deeply disturbed by the violent attacks against the police and private individuals in Kosovo and urges all parties to find peaceful means to solve the problems in that region.
In document E/CN.4/1998/9, Ms. Rehn focuses on the two trials of Kosovo Albanians charged with offenses against the State in the Federal Republic of Yugoslavia in 1997. The Special Rapporteur expresses concern that basic human rights standards were not met in the two trials of 35 persons sentenced to very long terms of imprisonment for offenses against State security. In addition, questions can be raised about the independence and impartiality of the judicial process. The Special Rapporteur recommends, among other things, that the Government promptly order an impartial investigation into the claims of defendant and their lawyers that statements relied upon by the prosecution were extracted under torture or duress. The Government should ensure that constitutional standards which provide arrested persons with prompt access to a lawyer should be immediately enforced, and should introduce clear rules for the interrogation of arrested persons.
The Commission also has before it the report of the Secretary-General on the question of human rights in Cyprus (document E/CN.4/1998/55), which says that pending a settlement, the United Nations Force in Cyprus (UNFICYP) has continued to discharge humanitarian functions on behalf of the Greek Cypriots living in the northern part of the island. It also continued to monitor closely the living conditions of Greek Cypriots and Maronites living in the northern part of the island and Turkish Cypriots living in the southern part and to assess them. UNFICYP also continued to maintain close liaison and cooperation with the military and civilian authorities on both sides. However, its movement in the northern part of the island continued to be restricted.
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The Commission is also considering a report of the Secretary-General on cooperation with representatives of United Nations human rights bodies (document E/CN.4/1998/57), which includes allegations of intimidation and reprisals received pursuant to Commission on Human Rights resolution 1997/56 and action taken by representatives of human rights bodies, as well as joint actions undertaken by representatives of human rights bodies.
Another report of the Secretary-General, on East Timor (document E/CN.4/1998/58), includes an update on the good-offices activities of the Secretary-General on this issue, as well as actions taken by thematic special rapporteurs and working groups of the Commission on Human Rights concerning East Timor.
In his report (document E/CN.4/1998/62), Soli Jehangir Sorabjee, the Special Rapporteur on the situation of human rights in Nigeria, recommends, among other things, that the Government release all political prisoners, trade union leaders, human rights advocates and journalists currently being detained without charge or trial. All decrees which suspend the human rights provisions in the Constitution should be repealed. Nigeria should also abolish the death penalty and should address prison conditions as a matter of urgency.
The Commission also has before it the report of the joint mission of Roberto Garreton, Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo; Bacre Waly Ndiaye, Special Rapporteur on extrajudicial, summary or arbitrary executions; and Jonas Foli, member of the Working Group on Enforced or Involuntary Disappearances (document E/CN.4/1998/64). The experts state that without firm determination on the part of the international community to shed light on the extremely serious allegations regarding events in the east of the now Democratic Republic of the Congo from late 1996 onwards, the tradition of impunity which prevails in the country and the Great Lakes region is likely to be carried on.
A report on the situation of human rights in Iran (document E/CN.4/1998/59) by Special Representative Maurice Copithorne concludes, "The Islamic Republic may be viewed as being in the early stages of a transition. The areas of acceptable public discourse have been broadening; some of the verities of the Revolution are now being openly debated. The Government's declared objectives of an Islamic civil society offers the prospect of a brighter future for individual human rights in the country. The courage of the new Government is setting this course must be recognized... However... human rights do continue to be violated in Iran." Among reported violations are a sharp growth in the number or executions; cases of stonings and amputations; and abuses of the Baha'i minority, including extrajudicial executions and arbitrary detentions.
A report on the situation of human rights in Afghanistan by Special Rapporteur Choong-Hyun Paik (document E/CN.4/1998/71) concludes that it
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deteriorated throughout 1997; that "the right to life of the Afghan people is under constant serious threat due to the intensification of hostilities, including along ethnic and religious lines, accompanied by flagrant violations of human rights such as executions, torture... arbitrary detention, looting, and unfounded persecution". It adds that "the infringements on women's rights in Afghanistan are such that they pose serious threats to their enjoyment of even the most basic rights, including the right to life, particularly in areas controlled by the Taliban movement, where women continued to be denied access to education and employment". Among the recommendations of the Special Rapporteur are that international aid agencies pay much greater attention and provide assistance on a priority basis to women's rights in the country; and that a neutral team of independent investigators be asked to conduct further fact-finding into mass graves and burial sites.
Another report before the Commission, on the situation of human rights in Equatorial Guinea (document E/CN.4/1998/71), concludes, among other things, that an agreement signed by the Government and political parties in April 1997 "gave rise to great expectations of a decisive step forward in the process of democratization and in the conditions of governability of the country and created a fund of hope for the future", but that to date, "not all the measures agreed and undertakings given have been put into effect with the necessary promptness". The Special Rapporteur speaks of "modest progress in the situation of human rights and fundamental freedoms" in the country, but that, among other things, "some authorities have continued the illegal and wrongful practice of unjustified detention and have failed to respect the right of every individual, political activist or not, to security, integrity, and freedom", and that there continued to be cases of torture and ill-treatment, although their frequency appeared to have declined.
The report of the Special Rapporteur on extrajudicial, summary, or arbitrary executions (document E/CN.4/1998/68) concludes, among other things, that there is "no indication" that such executions have decreased", and that "one of the most prevalent targets ... has continued to be persons involved in struggles such as those to prevent or combat racial, ethnic or religious discrimination, and to ensure respect for economic, social, cultural, civil and political rights, including rights to ancestral lands. In situations of internal armed conflict, up to 90 per cent of the victims were reported to be civilians, many of them women and children". Among his recommendations are that the international community pay greater attention to prevention of human rights crises that result in such executions.
An addendum (Add.1) discusses 86 country situations, gives an account of the action undertaken by the Special Rapporteur over the course of 1997, and contains in summary form the replies received from Governments to his communications on specific cases. An Add.2 gives an account of the Special Rapporteur's visit to Sri Lanka. Among its conclusions are that the Government cooperated with his requests during the visit and that "the
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question of extrajudicial and arbitrary executions in Sri Lanka is serious". The principle cause, according to the Special Rapporteur, is the internal armed conflict and a loss of respect for the right to life among the armed forces and police "who kill suspected insurgents and civilians perceived as supporting them; LTTE members who kill members of the security forces, members of opposing factions, those who refuse to continue the armed insurgency or to continue to support the LTTE, including civilians; paramilitary organizations allegedly linked to the security forces (home guards) who are also responsible for extrajudicial executions".
An Add.3 reviews a visit by the Rapporteur to the United States. Among its conclusions are that "the current practice of imposing death sentences and executions of juveniles in the United States violates international law ... The reintroduction of the death penalty and the extension of its scope, both at federal and at state level, contravene the spirit and purpose of article 6 of the International Covenant on Civil and Political Rights, as well as the international trend towards the progressive restriction of the number of offenses for which the death penalty may be imposed." The Rapporteur adds that he "is further concerned about the execution of mentally retarded and insane persons, which he considers to be in contravention of relevant international standards".
There was a report of the Special Rapporteur on the situation of human rights in Cuba, Carl Johan Groth (document E/CN.4/1998/69), which concludes that there have been no significant changes in that situation "or in the pattern of repression engaged in by the security forces, which have kept up an intensive campaign of harassment against all those whose attitude differs in any way from the official line. This harassment sometimes leads to trial and prison sentences, although, in keeping with the trend first observed in 1996, the sentences are not as harsh as in previous years. It must be remembered, however, that lengthy sentences are still being served by persons who were convicted in 1995 and earlier for offenses relating to the exercise of rights recognized in international human rights instruments ... Their living conditions inside the prisons, like those of the rest of the prison population, continue to be deplorable. Although the penalties now being imposed are lighter than before, they are being imposed for the same offenses -- such as contempt and enemy propaganda -- as in the past, there having been no amendments to these provisions of the Penal Code". The report adds that "the ongoing United States embargo against Cuba contributes to the rigidity of the system currently in place in the country".
The report of Rajsoomer Lallah, Special Rapporteur on the situation of human rights in Myanmar (document E/CN.4/1998/70), notes among its conclusions that the Rapporteur, despite repeated requests, has not received authorization from the Government to visit the country. It cites an easing of restrictions on political parties and welcomes the change; but adds that it is limited and that "the absence of respect for the rights pertaining to democratic
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governance continues to be at the root of all the major violations of human rights in Myanmar insofar as this absence is inherent in a power structure which is autocratic and accountable only to itself, thus resting on the denial and repression of fundamental rights". The Rapporteur cites well-documented reports, photographs and testimony that there is continuing occurrence in the country of extrajudicial, summary or arbitrary executions, torture, forced labour, arbitrary arrest and detention, racially based restriction of travel, and ethnic discrimination. Among his recommendations are that "all necessary measures should be taken to accelerate the process of transition to a democratic order and to involve in a meaningful way in that process the representatives duly elected in 1990", and that "given the magnitude of the abuses, the Government should subject all officials committing human rights abuses and violations to strict disciplinary control and punishment and put an end to the culture of impunity that prevails at present in the public and military sectors".
Statements
CHOONG-HYUN PAIK, Special Rapporteur on Afghanistan, introducing his report, said that in 1998 human rights were far from being a common standard for the people of Afghanistan, with women being especially disadvantaged. Grave violations of human rights had taken place since the last session of the Commission, giving rise to a sharp increase in the loss of life in that country. The most serious violations were the alleged mass killings in the north of the country of combatants, prisoners of war and civilians, including women, children and the elderly.
The general human rights situation in Afghanistan, in areas controlled both by the Taliban movement and by the Northern Alliance, had continued to deteriorate, he said. Security had deteriorated in all parts of the country. Most aid agencies had had to withdraw their international staff from northern Afghanistan in the wake of attacks and massive looting of premises in September 1997, as well as after the recent fighting around Mazar-I-Sharif.
The lack of enjoyment of basic human rights, such as those of access to health care, education and employment by women and girls, especially in urban areas controlled by the Taliban movement, remained one of the most serious human right issues in Afghanistan, he continued. Practices of corporal punishment, such as the amputation of limbs for theft, had continued in areas controlled by the Taliban. Both executions and amputations, in the presence of large crowds, had been commonly used as methods of punishment. The general situation of human rights throughout Afghanistan had resulted in massive internal displacement.
The Special Rapporteur said he hoped the formation of a broad-based, fully representative administration would be a stepping stone for re- establishing respect for human rights in Afghanistan.
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HUMAYON TANDAR (Afghanistan) said that after 20 years of conflict in his country, a sizable part of the population did not know what peace meant. The violence of the fighting and the weapons was compounded by a strategy of extremism, spectacular public executions, stonings and whippings. The Taliban nourished themselves on war because they knew that if the war ended, they would too. Many inhabitants of Herat and other cities regarded the Taliban as the occupiers. All military offenses which had occurred were initiated by the Taliban, and had exacerbated the human rights situation in the country. The Government wanted a political solution in Afghanistan with no preconditions. However, any solution should recognize that international independence was a sacred element, and that territorial integrity and recognition of all rights for all was a condition for peace.
MAURICE COPITHORNE, Special Representative on the situation of human rights in Iran, said that in some areas the Government was making significant efforts to improve the situation, but that it was not happening without resistance. While some had cast doubt on the intentions of the new Government in this regard, he believed that given the significant number of indicative incidents, the executive branch of Government must indeed be given the benefit of the doubt. The rate of progress was undeniable and he believed the executive must be commended for its efforts. Much needed to be done, but a start had now been made.
There were powerful interest groups in the country that seemed determined to resist such positive change, Mr. Copithorne said, and there continued to be violations of human rights which could not be ignored. Many of them were seemingly gratuitous. He remained hopeful that he would soon be able to make a further visit to the country. He added that he hoped that a resolution to be passed by the Commission on Iran would avoid becoming bogged down in details and that it would reflect and indeed welcome the prospect of substantial change now so clearly evident in that dynamic society.
ALI KHORRAM (Iran) said the country's new Government had vigorously undertaken many initiatives to further institutionalize the rule of law and respect for human rights, particularly through fostering national mechanisms. It was the firm belief of the Government that such mechanisms were the most appropriate and effective vehicles for protection and promotion of human rights. Respect for human rights should be self-generated, self-propelling and self-supporting. To that end, the advantages of a national approach compared to international monitoring were numerous: it involved all institutions of civil society; it mobilized the necessary support; it was consistent with the particularities of each and every society; it was not seen as an extraneous imposition; and above all it helped create a conductive environment for continued promotion of human rights. Viewing freedom of expression as an essential requisite of that process, the Government was doing its utmost to provide grounds for people and to encourage them for open debates on every issue at hand. In light of that, there was a compelling need
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for the Representative to seriously consider recommending other modalities and approaches for his mandate, commensurate with the recent significant development in Iran.
ALEJANDRO ARTUCIO, Special Rapporteur on Equatorial Guinea, said a dialogue between the Government and various political forces had resulted in April 1997 in approval of a document which raised considerable expectations for the building of democracy. In general, some positive steps had been taken, but women continued to be disadvantaged in social and political matters. Extreme poverty, affecting 65 per cent of the population, was also of deep concern.
There had been various acts of extreme violence throughout the year, he said, including the attempted insurrection on the Island of Bioko in January 1998. The scene of the insurgency was attacked by a large number of security forces; 550 persons had been arrested, although of those, 110 were still being detained. Many of those arrested were subjected to torture and beatings, and three detainees died while in custody. The State must be held responsible for the safety of those within its custody. Before the events of January, there had been some moderate political will to move forward in establishing the rule of law and there had been improvements in human rights. During the crackdown following the events, however, there had been various violations of human rights, including torture and ill-treatment.
The Special Rapporteur said that the Commission should ask the High Commissioner for Human Rights to continue providing advisory services and technical aid to the Government of Equatorial Guinea. The progress achieved to date had not yet reached the level which would allow the Commission to reduce its monitoring of the situation, and it was advisable to maintain international supervision.
RUBEN MAYE NSUE MANGUE, Minister of Justice and Culture of Equatorial Guinea, said the report of the Special Rapporteur provided useful advice and reflected with admirable sincerity the progress attained in human rights in Equatorial Guinea. While a number of difficulties and shortcomings remained, it was clear that the Government wished for and was working to promote respect for human rights and democracy. The Government reaffirmed its desire and willingness to continue to cooperate with United Nations specialized agencies, friendly countries, and recognized non-governmental organizations. A review of the national covenant between the Government and political parties had concluded satisfactorily, and there was agreement between the parties. There was agreement, among other things, on the importance of promoting economic and cultural rights. Last September, a national economic conference had been held to develop a policy for short- and medium-term economic development. Forthcoming legislative elections were being approached in accordance with agreements reached with political parties. Assistance had been requested for the setting up of a centre for promotion and protection of human rights. The
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Special Rapporteur, during a visit, had investigated various acts of terrorist aggression. Terrorism continued to threaten peace and stability, and the matter was continuing to be distorted in the eyes of the international community. It was not an ethnic and tribal conflict, as claimed. Despite this outbreak of terrorist violence, once peace and order were restored the competent judicial bodies carried out the appropriate inquiries for appropriate public prosecutions.
NOBUTOSHI AKAO (Japan) said the scope of human rights had grown and expanded rightly to incorporate new domains, such as the right to development. Despite such progress, a number of cases of violations of human rights and fundamental freedoms still existed today at every corner of the globe. Human beings might again have to be innovative in combating new forms of violations of human rights. It was therefore imperative to have occasions to discuss problems on the agenda item, in parallel with thematic topics. The international community's apprehension about human rights situations in a certain number of countries had not been dispelled. The community was utterly concerned about the continuing human rights violations being witnessed in the former Yugoslavia; the situation had not yet improved. Particularly in Kosovo, human rights violations were taking place even now. Also, in Afghanistan, torture, killings and various other human rights abuses against women and girls were being committed. Japan was deeply concerned about media reports on violence in Algeria, Iraq, Nigeria, Sudan, Rwanda, Burundi and the Democratic Republic of Congo. As to Iran, positive and constructive developments should be encouraged. Japan welcomed the measures taken by Cuba to release prisoners. With regard to China, human rights dialogue had progressed, which could contribute to the creation of a more cooperative atmosphere.
MOUNIR ZAHRAN (Egypt) said his country did not like double standards. The south of Lebanon and the western Bekaa were occupied by Israel in flagrant violation of human rights and international law. Egypt called on Israel to implement Security Council resolution 425 and to totally withdraw from that area. Concerning the former Yugoslavia, there had been favourable developments since the signing of the Dayton agreements to remedy the tragedies of genocide and ethnic cleansing in Bosnia and Herzegovina. Support had to be given to the International Criminal Tribunal; those guilty had to be punished. Voluntary repatriation was one of the pillars of peace in Bosnia and Herzegovina, although it could not take place until all parties implemented the Dayton agreement and those guilty of violations were brought before the Tribunal. There had been, furthermore, dramatic developments in Kosovo recently. Egypt wanted all human rights violations to end and wanted a settlement in that region based on international legitimacy. The Commission Chairman's statement on Kosovo should be implemented.
AKRAM ALDURI (Iraq) said human rights must be promoted and respected without discrimination; but human rights had become a political weapon used by
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some countries to serve narrow interests and to bargain and bring political pressure on other countries, especially when those countries refused to allow the jeopardizing of their independence. For example, an article published in a newspaper in Orlando, Florida, had illustrated how the United States was engaged in protecting and coddling Israel while carrying out political manipulations and attacks against Iraq. Meanwhile, the international economic embargo imposed against Iraq had, in one month alone, led to the deaths of over 6,000 children; it was a crime of genocide carried out in full view of the world without the United Nations or the Commission making any effort to stop it. The embargo did not respect the rights of a sovereign nation; it was discrimination against a certain people, and constituted a false crisis created by the United States based on spurious claims about weapons inspections. The Commission must study the very dangerous effects on human rights of such economic sanctions and call for lifting of the embargo against Iraq.
SEE CHAK MUN (Singapore) said the report of the Special Rapporteur on extrajudiciary, summary or arbitrary executions was factually incorrect when it stated that his country's laws did not provide sufficient guarantees for the presumption of innocence for persons charged with trafficking in drugs. In fact, it should first be proved that the accused had in his possession a controlled drug in excess of the quantity specified by law. Singapore also strongly disagreed with the view that the death penalty should be eliminated for economic and drug-related crimes. The International Covenant on Civil and Political Rights stated that the death sentence might be carried out for the most serious crimes and pursuant to a final judgement rendered by a competent court. It was an indisputable fact that drug trafficking was considered by the international community to be a most serious crime. He urged the Rapporteur to confine his work specifically to the mandate given: to examine situations of extrajudiciary, summary or arbitrary executions and to monitor the implementation of existing international standards.
ROGER FARREL (New Zealand) said his country was concerned about massive population movements as well as armed conflicts which had led to violations of the human rights of many people in Burundi, Rwanda and the Democratic republic of the Congo. New Zealand was also concerned about the human rights in Nigeria and Sudan, as well as the tragic events in Algeria. New Zealand deplored the fact that Iraq had again refused access to the United Nations Special Rapporteur and continued to ignore requests by United Nations agencies for the admission of human rights monitors. Political instability in Afghanistan continued to give rise to human rights concerns. The most recent reports of the Special Rapporteur on the former Yugoslavia continued to record human rights abuses, but also some progress. The human rights situation in Myanmar had not improved though, while the renewed use of violence for political ends in East Timor during the past year had been of considerable concern. New Zealand welcomed China's signature of the International Covenant on Economic, Social and Cultural Rights and the
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positive steps taken by China to make ratification possible. It was also encouraged that the Special Representative had found that progress had been made on human rights in Iran.
JENNIFER SCHENSE, of Human Rights Watch, said the human rights crisis in Algeria was among the gravest in the world today. Most of the barbaric atrocities which had killed an estimated 75,000 people since 1992 were the work of armed groups opposed to the Government, but serious questions had been raised about the Algerian Government's efforts to stop these massacres, some of which took place in close proximity to outposts of government security forces which failed to intervene. In addition, torture was routinely practiced in government interrogation centres. The Government had failed to carry out credible investigations into the massacres or other abuses, and had rebuffed efforts by the High Commissioner, mechanisms of the Commission, international human rights organizations and other third parties to conduct a transparent inquiry. The Commission must respond to this situation and appoint a Special Rapporteur on Algeria; such a step would save lives. The perpetrators of the massacres had operated for much too long with impunity while ordinary Algerians lived in fear. The Democratic Republic of Congo, meanwhile, had violated basic human rights of its citizens and systematically obstructed the work of United Nations human rights investigators on reported refugee massacres; the Commission should renew the mandate of the Special Rapporteur on the country.
ISABELLE SCHERER, of Amnesty International, said her group was focusing on human rights in a number of countries, in particular Cambodia, Colombia, Kenya, Saudi Arabia and Turkey. In another country, Algeria, security forces, armed groups and militias armed by the State killed with impunity; civilians were massacred in their own homes; children were hacked to death; women were abducted and raped; youngsters were arrested at home and disappeared into the night; and men were summarily executed in front of relatives or in the backyards of police stations. Six years of violence had left up to 80,000 dead. Villagers had been forced to flee their homes to seek refuge in overcrowded suburbs, and terrorized persons were offered weapons and told to protect themselves without training and supervision, which opened the door to the spread of personal justice and vengeance. Every year, the Commission was called upon to deal with complex and politically sensitive human rights situations in many countries around the world, including situations where armed groups committed appalling human rights abuses. Why should Algeria be an exception? Were the Algerian victims less deserving of action by the Commission than victims elsewhere? As an immediate first step, the Commission should appoint a Special Rapporteur to carry out on-site visits.
DAVID LITTMAN, of the Association of World Education, said that four weeks ago, the Association had given details on the genocidal Hamas Charter. Who knew when and where Hamas or other such Islamic groups would redouble their savage crimes against humanity? An extreme form of the use of religion
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was the call to kill in the name of God, a barbarism perpetrated daily in Algeria. However, it should be noted that not only Islamic groups were guilty of such monstrous religious concepts; any call to kill in the name of God or religion was a universal evil and should be outlawed. The Association appealed to the Chairman to seek consensus which would allow him to read out a Chairman's statement strongly condemning any direct or public incitement to commit genocide or to kill in the name of God or religion
ERIC SOTTAS, of the World Organization Against Torture, said the ritual adoption of resolutions on these and those countries had rightly been criticized. It would be wrong to do so simply by rote, but situations of great seriousness, documented by numerous organizations whose reputations were beyond dispute, were ignored year after year or no longer given priority attention. Was it really impossible to effectively intervene to stop the endless violence that was tormenting Algeria? The authorities there and certain fanatical opposition groups were daily committing atrocities; could the Commission not do something? Were member countries so lacking in vision that they couldn't do a thing? With just a few thousand troops and clear messages to leaders, the genocides and massacres which tore apart the Great Lakes region of Africa could have been avoided. There had been ample warning. Refusal of authorities of the Democratic Republic of the Congo to allow investigation of alleged massacres of refugees was unacceptable. In Colombia, violence continued to ravage the population, and massacres and paramilitary abuses continued; much increased resources and attention was required there. The situation in East Timor also continued to be serious.
ISOBEL HARRY, of International PEN, said her group welcomed examination of the situations in Nigeria, the Democratic Republic of the Congo and Myanmar by the respective Special Rapporteurs. Those countries were places where the group had mounting concerns regarding the safety of those exercising freedom of expression. In Nigeria, 16 writers were currently detained. Four were serving 15-year sentences solely because they had written on an alleged 1995 foiled coup attempt. In the Democratic Republic of the Congo, worrying violations of the freedom of the press had already occurred. Also, in Myanmar, the group continued to be dismayed by the long-term imprisonment, often under harsh conditions, of writers and journalists opposed to the regime. PEN was also increasingly alarmed by the climate of impunity that existed in Colombia and Mexico. With regard to China, there were more writers, editors and journalists in prison there than anywhere else in the world.
JOSE DOS SANTOS, of the Latin American Federation of Journalists, said it had denounced to the world that almost 600 colleagues had been killed or had gone missing since 1970, but that none of them were Cuban. In Cuba, threats against the 2,700 professionals working in the mass media at all levels were related to the attacks on the country's sovereignty through all sorts of aggressions and blockades. The Fourth Meeting of Ibero-American
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Journalists held last November in Venezuela had adopted a resolution condemning the hardening of the United States blockade against Cuba. That meeting had also issued a statement calling for action against the campaigns of misinformation being waged against Cuba and sponsored by the Inter-American Press Society. At the beginning of this year, there was one television channel, five medium-wave stations, 12 short-wave stations and one FM station operating against Cuba from United States territory.
JANET BAUER, of Article XIX, said that in Sierra Leone a democratically elected Government had been recently being reinstated. However, there were serious limitations on the press and freedom of expression: newspapers had been banned; a new law would limit the number of papers; journalists had been taken into "protective custody"; other journalists reportedly were in hiding and sought by the regime; andthere was systemic abuse of freedom of expression. The Commission should consider Sierra Leone's situation under item 10 instead of under its confidential procedure. In Algeria, the situation continued to be grave; there was widespread impunity for the numerous killings carried out, and the public had not been informed of the cause of and responsibility for the massacres. Journalists seeking to report independently on the crisis were being persecuted and even killed. The international community must give Algeria the attention the crisis demanded; the Special Rapporteurs on torture and extrajudicial, summary and arbitrary executions must be sent to Algeria without delay, and a Special Rapporteur appointed on the situation in Algeria.
ELIAS KHOURI, of the Association of Arab Lawyers, said that in the past 50 years, the Middle East had been the scene of violence and human rights violations, characterized by the physical elimination of individuals and the deprivation of their fundamental freedoms. The Middle East was further characterized by the violent provocations of Israel, which violated human rights in defiance of all international norms. Another example of violence in the Middle East was the economic embargo against Iraq. That genocidal act already killed 1.5 million people, most of them children. The embargo had undermined the very basic well-being of children and other vulnerable segments of the Iraqi society. The Commission must do what it could to lift the embargo.
PHILIPPE LEBLANC, of Franciscans International, in association with the Dominicans, said the most recent reports of Amnesty International and Human Rights Watch largely documented disappearances, extrajudicial killings, widespread use of torture and other acts of violence committed by the Mexican army and paramilitary groups throughout the country. More than 100 people had been killed in the past three months, and over 12 human rights observers had been expelled from Chiapas in the past six months. The massacre of 45 civilians on 22 December 1997 in Acteal, Chiapas, was another signal to the international community of the deteriorating situation. Franciscans International and the Dominicans urged the Commission, among other things, to
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seriously consider appointing a special rapporteur for Mexico. A special rapporteur was also called for in the case of Colombia, where vigilante groups known as Convivir were responsible for the displacement of some 2,000 people and the execution of numerous farmers.
MALIK OZDEN, of the Centre Europe-Tiers Monde, said the human rights situation in Turkey continued to worsen; there were continued extrajudicial executions, torture, disappearances and arbitrary arrests. To be added to this list were forced population movements of thousands of Kurdish peasants. Currently, criminals were used for special missions, including kidnappings and murders of journalists, human rights activists, and those dedicated to the Kurdish cause. Turkey seemed incapable of resolving its human rights problems, and yet the European countries had been utterly ineffective in bringing pressure to bear. Now Italy was showing a double standard in the case of Kurdish refugees; authorities in Germany had barred the passage of the European Peace Train intended to bring a message of peace and solidarity to the Kurdish population of Turkey; economic and financial questions were taking precedence for such countries over honest concern for human rights for all. The Commission also must look further into the continuing bad situation of human rights in Chile, where torture was still regularly practised.
CHARLES GRAVES, of the African Commission of Health and Human Rights Promoters, said Bahrain was unique in having reverted from a rudimentary democracy to a hereditary dictatorship. The Al-Khalifa family ran the country as if it was their private estate, issuing arbitrary decrees and tolerating no dissent. There had been no improvement since the Subcommission noted last August the serious deterioration of the human rights situation and the discrimination against the indigenous Shi'a population. More recently, on 28 February, the Prime Minister had ordered the dissolution of the elected executive of the Bar Society after it heard an address by Monira Fakhor, a pro-democracy activist dismissed from the university following her refusal to withdraw her name from a petition asking for the restoration of the 1973 Constitution.
RENEE BRIDEL, of the International Association of Democratic Lawyers, said the group condemned the massacres of unarmed civilian populations, whether carried out by Islamic groups or associations of criminals. All attacks in Algeria should be investigated; the Government should establish the rule of law and adopt more neutrality. It should also end the control of information and should open up television and radio to all associations of civil society. The recommendations of the World Bank and the International Monetary Fund for Algeria had resulted in difficult conditions for the population and had not led to a retreat of terrorism. Concerning Sudan, people there had been tortured for years. Recently, the authorities in Khartoum tried 38 women who had participated in a peaceful demonstration to protest the conscription of their children. They had been tried at night and
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sentenced to 10 lashes each. The international community should end the crimes of the military leadership in Sudan. The same was true for Bosnia.
SALEH RADJAVI, of the International Federation of Women in Legal Careers, said he was the brother of Kazem Radjavi, who had been assassinated after coming to the Commission to protest against the regime in Iran. Although years of attention had been given by the Commission to Iran, the situation had not changed. The new man in charge, Khatami, was speaking a new "language", but if his words were new, the man was not. In Iran in 1997, there had been over 200 public executions, twice the number in 1996; seven persons had been stoned to death in the past eight months. There were no political parties in Iran, and the supremacy of religious jurisprudence was still supported. Since Khatami's investiture, 24 political opponents had been assassinated outside Iran's borders. Moreover, discrimination against women continued. The Commission should not be influenced by recent claims; a firm resolution must be adopted on Iran demanding strict respect for human rights.
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