HUMAN RIGHTS COMMISSION CONTINUES DEBATE ON ABUSES IN ANY PART OF WORLD

Press Release
HR/CN/860

HUMAN RIGHTS COMMISSION CONTINUES DEBATE ON ABUSES IN ANY PART OF WORLD

(Reissued as received.)

GENEVA, 15 April (UN Information Service) -- The Commission on Human Rights continued this afternoon to discuss the violation of human rights in any part of the world. The broad debate touched on issues ranging from the effects of the backlog in genocide trials in Rwanda to the embargo against Cuba.

The Commission heard statements from the High Commissioner for Human Rights, who introduced the latest report of the Human Rights Field Operation in Rwanda, and from the representatives of Rwanda, Nepal, Argentina, Belarus, Sri Lanka and China.

Representatives of the following non-governmental organizations also spoke: Reporters without Borders, Andean Commission of Jurists, North South XXI, International Institute for Peace, Indian Council of Education, France-Libertés, International League for the Rights and Liberation of Peoples, Movimiento Cubano por la Paz y la Soberania de los Pueblos, Indian Movement "Tupaj Amaru", Indian Law Resource Centre, Christian Solidarity International, International Association Against Torture and December 12 Movement International Secretariat, Felix Varela Center, The National Union of Jurists of Cuba, Commission of the Churches on International Affairs, Pax Christi, International Work Group for Indigenous Affairs, International Institution for Non-Aligned Studies, Movement Against Racism and for Friendship Among Peoples, Human Rights Advocates and Permanent Assembly for Human Rights.

Statement by High Commissioner for Human Rights

MARY ROBINSON, United Nations High Commissioner for Human Rights, introducing her report on the Human Rights Field Operation in Rwanda (document E/CN.4/1998/61), said that despite some progress, an enormous number of persons were still awaiting trial for genocide. As a result of lack of judicial capacity and a security situation which did not facilitate

investigations, the increase in the number of trials envisaged by the Government would be difficult to achieve.

She was particularly concerned about the issue of severe prison overcrowding and poor detention conditions, she said. She welcomed the Government's efforts to improve prison conditions as well as its recent public statements indicating its willingness to explores alternative solutions to the problem. She strongly recommended the voluntary use of the Confession and Guilty Plea Procedure provided for in the country's genocide law in appropriate cases.

The High Commissioner said she was also deeply concerned about the security and human rights situation in the northwest of Rwanda, which had increasingly involved the loss of life of significant numbers of civilians in situations suggesting the disregard for basic standards of international human rights and humanitarian law. The Human Rights Field Operation was focusing on projects to provide assistance to vulnerable groups, particularly genocide survivors, and was cooperating with the wider United Nations system in Rwanda.

The High Commissioner said the future of Rwanda remained in its internal capacity to ensure the promotion and protection of human rights. It was the aim of her Office to provide all the assistance possible to support the development of national human rights capacity.

Statements in Debate

GERALD GAHIMA (Rwanda) said members of the former Government and militias were responsible for all the insecurity affecting Rwanda; the violence they had unleashed was a continuation of the genocide of 1994. The Government of Rwanda acknowledged that there had been incidents of use of excessive force by security forces, but it denied that they were as frequent or as extensive as stated in the report of the High Commissioner for Human Rights (document E/CN.4/1998/61). Such incidents were not sanctioned by the State; they were always investigated and prosecuted. The Government was disillusioned by the field mission of the High Commissioner, which had suffered from poor leadership and neglect from the Office of the High Commissioner; its personnel had lacked competence and experience. As a result, the mission was not effective: it lacked fairness and transparency, and based its reports on unconfirmed hearsay. The Government also took exception to the language of part of the High Commissioner's report. The State acknowledged that detention centres were overcrowded, but all the detainees were held on legitimate grounds on suspicion of grievous offences; the Government lacked the resources to improve the situation. The judiciary was also unable to function properly because of lack of resources.

LIESL GRAZ, of Reporters Without Borders, said that arrests of journalists and expulsions of foreigners among them continued in the

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Democratic Republic of the Congo just as they had under Mobutu. On 25 November, 10 journalists were whipped by police officers for covering a press conference of an opposition leader; in December, soldiers had ransacked the offices of the magazine Elima and occupied those of the monthly Le Moniteur de l'Economie. Special attention was needed to Algeria, where 57 journalists had been murdered since January 1992 in attacks ascribed to armed groups; no independent inquiries had been conducted, although serious doubts persisted about those responsible for some of these killings; two journalists had disappeared after being kidnapped by police; at least 24 had been jailed and another 40 arrested. There also were concerns related to journalists in Ethiopia, Cameroon, and Nigeria. In Cuba, journalists working for independent news agencies were regarded as "traitors to the fatherland" and imprisoned; and in Mexico, the number of attacks and threats against journalists was constantly rising; three were murdered in 1997. There were other countries in which journalists were mistreated -- less than half the States Members of the United Nations had real freedom of the press.

MARIE-NOELLE LITTLE, of the Andean Commission of Jurists, said the overall human rights situation in the Andean region was far from being satisfactory, despite some progress. The decision by the Government of Peru not to finance "faceless" courts was a welcome measure. However, Andean democrats and human rights advocates were not free in their actions. The group had learned of unhealthy and degrading prison conditions in Venezuela; most of the prisons in that country were overcrowded and their situation was disastrous. The total number of prisoners was of over 25,500. Also, in Colombia the activities of paramilitary groups, drug-traffickers and organized criminals had contributed to the overall deterioration of the human rights situation.

AMPARO GARCIA, of North South XXI, said the group was concerned about two situations affecting indigenous peoples in South America: the situation of the U'wa people in Colombia, who were threatened by companies exploring for oil; and the intervention of the armed forces in the Chapare region of Bolivia, which had led to deaths and disappearances among indigenous peoples. Oil prospecting was ongoing in sacred U'wa territory, polluting the environment and destroying the territory and customs of the U'wa. The U'wa people refused such exploitation and wanted respect for their cultural identity. North South XXI called for respect of the rights of indigenous peoples.

ATTIQUE UR REHMAN, of the International Institute for Peace, said that decades after the supposed end of colonialism, one little part of the world remained colonized, namely part of the state of Jammu and Kashmir, which had been under Pakistani illegitimate control since 1947. There were some 1.5 million people there who were not protected by any Constitutional provisions and had no representation in the Pakistani legislature; it was by any definition Pakistan's last colony. The so-called northern areas were

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purposely kept underdeveloped and exploited; any attempt of inhabitants to achieve their rights was met with brute force; Pakistan proclaimed itself the champion of self-determination of the Kashmiri people, but few had heard the call of the northern areas' inhabitants; it was throttled by Pakistan. The United Nations must consider, meanwhile, the abduction on 18 January of Shaukat Ali Kashmiri by State agencies. As the leader of the United Kashmir People's National Party, he was a known defender of basic rights; he was one of thousands of people aspiring to be liberated from Pakistani colonialism in that part of the world; the High Commissioner should consider sending a delegation to the northern areas to study the situation.

V.K. GUPTA, of the Indian Council of Education, said terrorism was considered to be an act, performed by an individual or by a group, that was designed to undermine the legitimate authority of a government or State. The state of Jammu and Kashmir was the target of terrorism supported and promoted by India's western neighbour, Pakistan. Pakistan had been systematically pursuing a strategy of creating large-scale destabilization and subversion in the Indian state of Jammu and Kashmir by promoting the ex-filtration of youth form the state and re-infiltration after indoctrination, training in use of arms, financial allurements and other strategic guidance. The people of Jammu and Kashmir were living in insecure conditions because of terrorist activities. The trained mercenaries from the neighbouring countries crossed the border and indulged in looting, arson, rape and ruthless killings in order to create terror to realize their goal.

SALVATORE PAPPALARDO, of France Libertés, said his group had a list of 240 Iranians who had been victims of assassinations abroad. According to a court in Berlin, senior members of the regime were guilty of such crimes. In Turkey, the situation of human rights had not changed in any considerable way; France Libertés was concerned about respect for freedom of expression after the dissolution of the REFAH majority party. Concerning Iraq, consistent information led France Libertés to believe that the Government had not given up unacceptable methods; the organization deplored the execution of 81 political opponents in the Abu Gharib prison last December. Nothing led the organization to believe that the Government of Iraq was ready to uphold human rights in the country; there was a need to be resolute with authorities. An international criminal court should judge Iraqi officials for their crimes against humanity. France Libertés had also repeatedly spoken of the unacceptable position of human rights defenders in Tunisia, the speaker continued. It urged the Government to all them to carry out their work. The Government of Algeria was also urged to support the efforts of the United Nations and extend invitations to the Special Rapporteurs on extrajudicial, summary and arbitrary executions and torture to visit the country.

FERNANDO DE MEDINA-ROSALES MATRAN, of the International League for the Rights and Liberation of Peoples, said that in Cyprus the humanitarian crisis had lasted for more than 20 years, for which the Government of Turkey was

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responsible. Turkey not only disregarded totally the right of refugees to return to their homes and properties; it also imposed additional restrictions on freedom of movement of the 477 Greek Cypriots who remained in the occupied territory. In Peru, the President had been governing the country by decree; had broken up political opposition; had stifled free debate; had distorted justice; when a judge decided against him, he dismissed him. Opposition newspapers were shut down; trials were not fair; prison conditions amounted to torture; indigenous people -- most of the population -- were discriminated against. The World Bank and the International Monetary Fund supported President Fujimori's economic policies, despite the violations of human rights committed; prison reforms must be demanded, including closure of prisons at high altitude which were not heated. The Commission must adopt a resolution requiring Peru to heed its international human rights obligations.

BORIS CASTILLO BARROSO, of the Cuban Movement for Peace and the Sovereignty of Peoples, said his group, founded half a century ago, represented the Cuban people. The group denounced the genocidal nature of the blockade imposed by the United States against the Cuban people four decades ago. The group also rejected as biased the annual report of the Special Rapporteur for Cuba, a document that served the interests of United States authorities and provided justifications to preserve and reinforce the criminal blockade on the Cuban people. The last session of the General Assembly had voted 143 to 3 against the embargo, the sixth consecutive resolution of condemnation of the blockade. That vote reflected unequivocal international rejection of that outrageous mechanism of pressure, whose latest incarnations were the Helms-Burton Act, the Kennedy-D'Amato Bill and the Certification Process. And yet, the dignified resistance of the Cuban people had yielded results.

LAZARO PARY, of the Indian Movement "Tupaj Amaru", said embargoes unilaterally declared by major Powers against small countries challenged the collective consciousness of the world. Nine Presidents of the United States had used economic coercion and political pressure to try to destroy Cuban socialism. The General Assembly had once again in November adopted a resolution which called on all States to refrain from strengthening economic trade and financial embargoes. Despite the United Nations resolutions which reflected the will of the international community, the embargo against Cuba had been strengthened. This was the cruellest embargo in history. The economic embargo imposed on the Iraqi people by the Security Council had also had a dramatic and inhuman effect. Iraq today was disarmed and mutilated; a third of its people lived in extreme poverty. In that country, genocide was being carried out in the name of the United Nations.

BORIS VOYER, of the Indian Law Resource Center, said the United States had refused to comply with a request by the Inter-American Commission of Human Rights and was threatening to force Western Shoshone indigenous people and their property off ancestral lands; the Western Shoshone had never consented

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to the taking of their ancestral territory, the boundaries of which were described in a 1863 treaty signed by the United States. For several years the United States had taken action to prevent or impede the Danns and other Western Shoshone groups from using and occupying lands within their ancestral territory; failure to comply with the ruling of the Inter-American Commission was highly disturbing and inconsistent with its previous United States statements about the Commission. The Commission on Human Rights must call on the United States to stay its action against the Western Shoshone; and the United States should move quickly and in good faith to resolve the underlying indigenous-lands issue in a manner consistent with its international human rights obligations.

JOHN EIBNER, of Christian Solidarity International, said there had been no improvement in the human rights record of Sudan, despite the Commission's concerns and recommendations. The group had made 20 fact-finding visits to the Sudan over the past five years, collecting evidence that over 1.5 million people had died and over 5 million had been displaced during the last 15 years -- and that out of a population of no more that 8 million Black Africans in the southern war zone. Those shocking figures confirmed that a genocide was being perpetrated. The overwhelming majority of the victims of the Sudanese genocide had perished directly from the creation of famine and the manipulation of humanitarian aid. The Sudanese genocide was carried out under the banner of the National Islamic Front's totalitarian ideology of jihad. The principal victims were the predominantly Christian and animist Black African communities that resisted the regime's policies of forced Islamization and Arabization.

IDA MILLI, of the International Association Against Torture and December 12th Movement International Secretariat, said the groups wished to address the question of the violation of the human rights of political prisoners in the United States. The two organizations had deep concerns regarding the plight of prisoners on death row in the United States, particularly in the case of the noted writer and journalist Mumia Abu Jamal. His case classically symbolized the United States's blatant practice of violating the human rights of those who struggled against oppression within its geographical confines, particularly people of colour. In April, the European Parliament in Strasbourg had approved a resolution recommending, among other things, that Mumia be given a new trial. The Commission was urged to concur with that resolution. The organizations also called on the Commission to condemn the recent repressive measures enacted against all inmates on Pennsylvania's death row, where Mumia was held.

JULIO FERNANDEZ BULTE of the Felix Varela Center, said it was a shame the Commission continued to speak the residual language of the cold war and East-West confrontation. He represented a Cuban NGO that fostered human rights and tried to contribute constructively to that end. He was surprised at the report of the Special Rapporteur on Cuba, which left a bitter taste; it

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was an outdated document that referred to times past. It would only lead to a stiffening of the positions of all those involved, when what was needed were new ideas and new advances towards eradicating the abyss between the first world and those left behind. Cuba was treated unfairly; the situation there was nothing like the hideous scenes one saw in other countries, and they had no Special Rapporteurs assigned to them. The economic blockade asphyxiating Cuba must be lifted.

ANTONIO RAUDILO MARTIN SANCHEZ, of the National Union of Jurists of Cuba, said his group had made substantial contributions in the drafting of three important laws that had been enacted in Cuba this year. One of the new laws regulated the structure and functioning of the courts, strengthening the unity and independence of the judicial system. It confirmed the fact that judges, whose role was to administer law, were only accountable to the law itself. It also confirmed participation on a basis of equality, as well as the participation of laymen in juries as an expression of people's involvement, which ensured more transparency and democracy in the administration of justice. Cuban society was not static, petrified or totalitarian, as some liked to depict it. The society had evolved and grown: for example, there were more that 2,000 NGOs which contributed to giving a singular dynamism to the civil society.

WILLIE NWILDO, of the World Council of Churches, said his organization was deeply concerned by the persistent and rising level of human rights violations in Nigeria in general and in Ogoniland in particular. There was no justification for what had become a persistent level of gross and systematic human rights abuses, for which the Government of Nigeria must be held responsible. There had been an increase of cases of extrajudicial executions and forced disappearances in Ogoniland. After the Central Committee of the Council met in Geneva last September, it urged Shell International Ltd. to negotiate in good faith with the freely chosen representatives of the Ogoni people; it also urged all international oil companies active in Nigeria to review their operations with respect to their environmental and social impact and to use their influence with the Government to promote full human rights.

JACQUES VITTORI, of Pax Christi International, said the majority population in Kosovo was undergoing systematic persecution; yet European institutions had refrained from taking steps that might have prevented the problem from getting worse. Kosovans had chosen non-violent resistance, but that was becoming more and more difficult to do. Would the Commission let the irreparable take place, as was the case in Cambodia, Bosnia, and the Great Lakes region of Africa? In Kosovo, if something was not done, the situation could spill over into the entire region. In Nigeria, also, something had to be done -- the human rights defenders imprisoned there must be released, the Ogoni people given their rights now violated by petroleum interests. Attention also must be paid to situations in East Timor, Burma, Algeria, Iran,

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Sudan, Democratic Republic of the Congo, and Mexico. Other cases could be given.

MARIA VASQUEZ GOMEZ, International Work Group for Indigenous Affairs, said she represented an organization called "Las Abejas". That group was peaceful, but it was being repressed in Chiapas, Mexico. On 22 December 1997, a paramilitary group had massacred 45 persons in an unprovoked attack against indigenous persons. The massacre had been planned and directed at a higher level with the objective of exterminating the indigenous people. The indigenous peoples of the region had lost everything and were forced to abandon their land. Attacks by military groups had caused the displacement of 9 million people and made them refugees in their own country. Paramilitary groups had threatened to continue their attacks, setting up 10 camps within indigenous lands for that purpose. The Commission should appoint a Special Rapporteur on Mexico.

GOVIND NARAIN SRIVASATAVA, of the International Institute for Non- Aligned Studies, said the number of violations of human rights seemed to be increasing. The Commission should take note of the reports of special rapporteurs on different country situations in a collective manner to locate the underlying causes which created situations of abuse. For example, both the independent experts on Haiti and Cambodia had mentioned that the judicial systems were not functioning well. Needless to say, the basic cause behind this was the absence of consolidated democratic structures. It was incumbent on countries to use their resources not just for their own strategic and political goals, but also to encourage some Governments to work for the betterment of the lives of their citizens.

JUSFIQ HADJAR, of the Movement Against Racism and for Friendship Among Peoples, said the bloody conflict in Sri Lanka had lost all respect for human rights. Massacres of East Timorese by the Indonesian Army should not be forgotten; human rights in East Timor were daily flouted. In Jakarta, moreover, violations of the right to life were mounting; there was an upsurge of disappearances -- persons kidnapped by the military and subjected to torture; the person sitting beside him had been kidnapped in 1996 by plainclothes military; he was a member of the People's Democratic Alliance; he was beaten up, blindfolded, thrown into a cell, beaten night and day and burned with electric shocks; he was forced to say what interrogators wanted him to say -- that he was planning a demonstration, which was a crime in Indonesia. Serious human rights violations continued as well in Burma and China.

PARMJEET KAVR RANDHAWA, of Human Rights Advocates, said India was responsible for a pattern of gross rights abuses in Punjab, Khalistan. The pattern of abuse took many forms, including custodial deaths, disappearances and torture. India's "special legislation", and a breakdown of its internal mechanisms of protection, allowed those abuses to persist with impunity.

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Evidence of custodial deaths in Punjab was provided by the investigation reports indicating that the Punjab police ordered the cremation of thousands of unidentified bodies. Currently, 585 bodies had been identified; 274 bodies had been partially identified, while another 1,238 had not been identified. Disappearances were another component of India's pattern of rights abuse.

HORACIO RAVENNA, of the Permanent Assembly for Human Rights, said impunity was one of the distinguishing characteristics of human rights violations. The organization looked on with concern at the situation in Paraguay, where in the process of recovery of democracy, impunity strongly influenced the administration of justice. In Argentina, legality had been harmed when President Menem tried to force a second re-election, which went against the constitution. Moreover, the Menem Government had still not responded to various queries about violations. The struggle against impunity and legal instability had led to trials in Italy and Spain, as relatives in those countries of victims had despaired of ever seeing them take place in Argentina and Chile. The organization supported such trials -- if they did not take place, impunity would win. The trials also gave an impetus to the struggle against impunity in Argentina.

MADHAB PRASAD KHANAL (Nepal) said the country had been confronted for several years with senseless acts of violence committed by a group claiming to be followers of the Communist Party of Nepal; the group had attacked police posts in some remote districts, killing and maiming innocent civilians, destroying public property and places of worship. Law enforcement authorities had taken appropriate actions, and arrests and interrogations carried out had been somewhat exaggeratedly elaborated upon in some of the reports submitted by the Special Rapporteur in document E/CN.4/1998/68/Add.1. To prevent and contain the activities perpetrated by these Maoists, the authorities had neither resorted to any brutality nor had there been cases of death in police custody. As one of the least developed countries in the world, Nepal could not afford to have its development activities hindered by such violence and undemocratic behaviour; investigations into these incidents and interrogation of those arrested as suspects had not involved ill-treatment nor holding persons incommunicado. Nepal's citizens, meanwhile, had rights, too -- to live without fear and threat of violence.

HERNAN PLORUTTI (Argentina) said the meetings of the heads of the two communities of Cyprus were encouraging signs in the search for a peaceful settlement to the long conflict in that island. The meeting of 31 July 1997, efforts to make contacts with the two Cypriots. It also believed that a just and appropriate solution should be found to the situation through the respect of the relevant General Assembly and Security Council resolutions relating to the crisis. As a solution to the Cyprus crisis, Argentina advocated a federal system of governance.

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STANISLAU AGURTSOU (Belarus) said the Commission was now considering one of the most important items on its agenda. All those present in the room agreed that universally recognized human rights should be implemented around the world. However, as in previous years, the agenda showed that the international community would need to continue to step up its efforts to achieve universal human rights. As of today, not a single country, including Belarus, could say that it had fully implemented human rights. The Commission should not allow a policy of double standards to prevail when considering the situation of human rights in individual countries, nor should it allow human rights to be used to move political agendas forward. The main aim of human rights machinery should be to identify and eliminate the basic reasons, usually economic, behind human rights violations. In Belarus, despite the major problems it faced as it moved from a totalitarian system to democracy, the Government was doing all it could to build the society. Its human right policy was guided by principles of the Universal Declaration of Human Rights. Belarus believed that the defense of human rights was necessary for sustainable development. There were some problems concerning the respect for human rights in Belarus and much remained to be done; the Government was ready for frank dialogue and cooperation and stressed the importance of technical assistance in the field of human rights.

HEWA PALIHAKKARA (Sri Lanka) said acts of brazen terrorism by the so-called Liberation Tigers of Tamil Eelam (LTTE) sought to undermine the peace process in the country; recently they had increased the tempo of their terrorist campaign. The campaign had failed; Tamil people wished to exercise their self-determination through free use of the universal adult franchise. The Constitutional proposals of the Government were being extensively debated throughout the country, and it was clear that people of all communities were speaking in favour of a sustained peace effort based on devolution of power and on human rights; the Government remained committed to pursuing negotiations with the LTTE to find a political solution, in the event the LTTE gave up terrorism. The Human Rights Commission of Sri Lanka was now becoming fully operational; three special independent commissions had made studies of alleged disappearances and their reports had been published. There had been cooperation with the United Nations Working Group on the subject, while the Special Rapporteur on arbitrary, extrajudicial and summary executions had visited the country. The report of the Special Rapporteur, while forthright, had certain generalizations and sweeping statements that did not reflect the fullest understanding of the complex issues involved.

WU JIANMIN (China) said in 1967, the Commission had decided to incorporate the item on country situations in its agenda, with a view to promoting and protecting human rights worldwide. However, during the past 30 years, it had become the most controversial and highly politicized item in the Commission. It was of primary importance for the Commission to evaluate the human rights situation objectively in a Member State. It was the Government and the people who knew best about their own country's human rights situation;

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they were the most qualified to comment on that situation. While recognizing the universality of human rights, each government and its people had the right to determine their own priorities and how the way to promote and protect human rights. In the world today, each region, each country and even each individual had different priorities with regard to human rights, due to their specific circumstances and different historical and cultural backgrounds. Any wilful accusation or interference was undoubtedly inappropriate. Human rights were rich in their content, and there was a variety of ways to realize them in different parts of the world.

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