HUMAN RIGHTS COMMISSION EXPRESSES CONCERN OVER ABUSES BY DEMOCRATIC REPUBLIC OF CONGO, ISR"L, MYANMAR, NIGERIA, IRAQ AND SUDAN

Press Release
HR/CN/870

HUMAN RIGHTS COMMISSION EXPRESSES CONCERN OVER ABUSES BY DEMOCRATIC REPUBLIC OF CONGO, ISRAEL, MYANMAR, NIGERIA, IRAQ AND SUDAN

(Reissued as received.)

GENEVA, 21 April (UN Information Service) -- The Commission on Human Rights expressed concern this morning over serious human rights violations in the Democratic Republic of the Congo, southern Lebanon and West Bekaa, Myanmar, Nigeria, Iraq and Sudan. The Commission also rejected, for the first time since 1991, a draft resolution criticizing Cuba.

Regarding the Democratic Republic of the Congo, the Commission pointed to arbitrary arrests and detention without trial of civilians, including journalists, opposition politicians and human rights defenders; at the trial of civilians, and use of the death penalty, by military courts; at the temporary suspension of the activities of political parties; and at the fact that certain opposition figures had been detained or banished from Kinshasa. The Commission expressed serious concern about the circumstances which had last week obliged the Secretary-General to withdraw his investigative team from that country.

Concerning the situation in southern Lebanon and West Bekaa, the Commission called upon Israel to immediately end such practices as air raids and the use of prohibited weapons, including fragmentation bombs. It also called on the country to implement Security Council resolution 425 requiring immediate, total and unconditional withdrawal from all Lebanese territories.

The Commission also expressed deep concern over severe restrictions on the freedoms of opinion, expression, assembly, and association in Myanmar. It pointed to inhuman treatment of prisoners and deaths in custody; at restrictions placed on political leaders, particularly Daw Aung San Suu Kyi; and at imprisonment of members of the National League for Democracy, among others. It called upon the Government to take urgent measures to ensure the establishment of democracy in accordance with the will of the people as expressed in the democratic elections held in 1990.

In addition, the Commission again condemned serious abuses in Nigeria, Iraq and Sudan, renewing in all three cases the mandates of the relevant Special Rapporteurs.

The action by the Commission came in the form of resolutions tabled following a general debate over the last week on the question of the violation of human rights in specific countries. Eight resolutions were approved this morning, most by roll-call vote. However, a draft resolution through which the Commission would have regretted profoundly the numerous violations of human rights in Cuba was rejected by a vote of 16 in favour to 19 against, with 19 abstentions. As a result of the vote, the mandate of the Special Rapporteur on Cuba was not renewed.

In explanation of vote, a number of countries said the text did not take into account recent positive developments in the area of human rights in Cuba. Prior to the vote, the representative of Cuba said today could be a historic day; soon the traditional, outdated resolution of the United States would be acted upon. States had a chance to take a stand against it and for the standards of impartiality and non-selectivity that should prevail in the Commission, he added.

Representatives of the Democratic Republic of the Congo, Myanmar, Nigeria, Iraq and Sudan also made statements rejecting charges contained in the resolutions considered this morning.

Also adopted this morning were texts on human rights and states of emergency and cooperation with representative of United Nations human rights bodies.

Action on Resolutions

In a measure adopted by consensus on the question of human rights and states of emergency (document E/CN.4/1998/L.47), and held over from 17 April, the Commission decided to request the High Commissioner for Human Rights to submit annually to the Commission an updated list of States which, since 1 January 1985, had proclaimed, extended, or terminated a state of emergency.

In a resolution adopted by a roll-call vote of 28 in favour to 7 against, with 18 abstentions, on the situation of human rights in the Democratic Republic of the Congo (document E/CN.4/1998/L.78), the Commission welcomed the expressed commitment of the Government to a process of democratization. It welcomed the establishment by the Government of a Constitutional Commission; the expressed commitment by the Government to reform and restore the efficacy of the judicial system; the effort undertaken by the new Government to subordinate the armed forces to the effective rule of law; and the convening of a recent interministerial seminar on the place of human rights in the National Reconstruction Strategy. However, the Commission

- 3 - Press Release HR/CN/870 24 April 1998

expressed concern at the human rights situation, particularly in the east of the country, where acts of violence continued; and at the occurrence in the country of arbitrary arrest and detention without trial of civilians, including journalists, opposition politicians and human-rights defenders. It expressed concern at the trial of civilians and use of the death penalty by military courts; the temporary suspension of the activities of political parties, pending the referendum on a new Constitution; the fact that certain opposition figures had been detained or banished from Kinshasa; at restrictions on the work of non-governmental organizations and in particular at the seizure of the report of a human rights organization and its recent dissolution; at refusal to allow the Special Rapporteur to visit and at the inability of the joint mission set up under Commission resolution 1997/58 to gain access to carry out its mandate; at the large numbers of refugees and displaced persons who disappeared between 1994 and 1997 and who had not yet been accounted for; and at serious allegations of killings and other human rights abuses in this connection. It called upon the Government to fully implement its commitment to democratization; to continue with its timetable for holding of free and fair elections; to ensure full respect for freedom of opinion and expression; and to strengthen further its cooperation with the office of the High Commissioner for Human Rights in Kinshasa. It expressed its serious concern at the circumstances which had obliged the Secretary-General to withdraw the investigative team set up under his auspices, including a series of obstacles faced by the team, the temporary detention of one team member, the seizure of United Nations documents and allegations of intimidation of witnesses. It noted that the team would prepare a report based on its work to date within the country and on such other sources were available to it. It demanded that the Government cooperate fully with the Secretary-General, the High Commissioner, and the Commission in addressing allegations of human rights violations, and decided to extend the mandate of the Special Rapporteur for a further year.

The result of the vote was as follows:

In favour: Argentina, Austria, Belarus, Brazil, Canada, Cape Verde, Chile, Czech Republic, Denmark, Ecuador, El Salvador, France, Germany, Guatemala, Ireland, Italy, Japan, Luxembourg, Peru, Poland, Republic of Korea, Russian Federation, South Africa, Ukraine, United Kingdom, United States, Uruguay and Venezuela.

Against: China, Congo, Cuba, Democratic Republic of the Congo, Indonesia, Rwanda and Uganda.

Abstaining: Bangladesh, Bhutan, Botswana, Guinea, India, Madagascar, Malaysia, Mali, Mexico, Morocco, Mozambique, Nepal, Pakistan, Philippines, Senegal, Sri Lanka, Sudan and Tunisia.

- 4 - Press Release HR/CN/870 24 April 1998

Speaking before the voted, Ms. KABAMBA (Democratic Republic of Congo) said her delegation had enormous difficulties with the text, emanating from the fact that the draft resolution contained a paragraph pertaining to the withdrawal of the investigative team from her country, a decision announced on 17 April 1998. The Government had furnished the Commission with appropriate explanations over the incident that had led to the withdrawal of the team. Regrettably, none of the Government's explanations were reflected in the resolution.

In a resolution adopted with a roll-call vote of 52 in favour to one against on the human rights situation in southern Lebanon and West Bekaa (document E/CN.4/1998/L.80), the Commission deplored continued Israeli violations of human rights in the region. It called on Israel to immediately end such practices, including air raids and the use of prohibited weapons such as fragmentation bombs, and to implement Security Council resolution 425 requiring immediate, total, and unconditional withdrawal from all Lebanese territories. It also called on Israel to comply with the Geneva Conventions of 1949, and to refrain from holding Lebanese detainees incarcerated in its prisons as hostages for bargaining purposes. Those detainees and others detained in the occupied Lebanese territories should be released immediately. It also affirmed Israel's obligation to allow the International Committee of the Red Cross and other international humanitarian organizations to recommence their periodic visits to detainees; and requested the Secretary-General to bring the resolution to the attention of the Government of Israel and to invite it to provide information on the extent of its implementation thereof.

The United States voted against the resolution.

In a resolution adopted by consensus on the situation of human rights in Myanmar (document E/CN.4/1998/L.81/Rev.1), the Commission welcomed the cooperation by the Government with the Office of the United Nations High Commissioner for Refugees and international non-governmental organizations on the voluntary repatriation and reintegration of returnees from Bangladesh. It welcomed the Secretary-General's meeting with Senior General Than Shwe, Chairman of the State Peace and Development Council and Prime Minister, and the visits to Myanmar by the Special Envoy of the Secretary-General for discussions with the Government and with Daw Aung San Suu Kyi and other political leaders. It also welcomed the remission of sentences for some long-term prisoners announced by the Government of Myanmar in December, calling for its expansion to include those imprisoned for their peaceful political activities. It also took note of the contact, despite its limited nature, between the Government and the National League for Democracy.

The Commission expressed its deep concern at severe restrictions on the freedoms of opinion, expression, assembly, and association; at inhuman treatment of prisoners and deaths in custody; at violations of the rights of women, especially refugees, internally displaced women and women belonging to

- 5 - Press Release HR/CN/870 24 April 1998

ethnic minorities or the political opposition, in particular through forced labour, sexual violence and exploitation, including rape; at continuing violations of the rights of children, including forced labour and recruitment into the armed forces; and at violations of the rights of minorities. It was also concern that the Government still had not taken steps towards democracy in light of the democratic elections of 1990, noting that the absence of respect for the rights pertaining to democratic governance was at the root of all major human rights violations in that country. It also expressed concern that the Government refused to cooperate with and had not yet agreed to a visit by the Special Rapporteur; at restrictions placed on political leaders, particularly Daw Aung San Suu Kyi; and at imprisonment of members of the National League for Democracy, among others.

It called upon the Government to take urgent measures to ensure the establishment of democracy in accordance with the will of the people as expressed in the democratic elections held in 1990 and to this end to engage immediately in substantive dialogue with the leaders of political parties and ethnic groups. The Government was also urged to ensure the safety and physical well-being of all political leaders, including Daw Aung San Suu Kyi; and to fully respect the rights of children, women, and minorities. The Commission also called on other parties to the hostilities in Myanmar to respect fully their obligations under international humanitarian law and called on the Government to end forced displacements and other causes of refugee flows to neighbouring countries. The Government should end impunity of perpetrators of human rights violations, including members of the military, and investigate and prosecute alleged violations committed by Government agents in all circumstances. The Commission decided to extend the mandate of the Special Rapporteur for a further year.

U AYE (Myanmar) said the draft was a patchwork attempt at reviving allegations that had been categorically proved to be untrue. A small handful among the drafters of the text, harbouring extreme views and refusing to adequately comprehend the developments in the country, had undertaken to invent a draft based on misinformation provided by anti-Government groups seeking to undo the progress being achieved in all areas of life in the country. Tens of thousands of foreign visitors who had travelled to Myanmar could readily confirm that the contents of the draft were far from existing realities. Allegations of harassment and restrictions of political parties were completely false. It was the Government which had encouraged the formation of the multitude of political parties that legally existed and peacefully pursued their activities. Aspects of the draft also attempted to question the fair and just functioning of the judicial system. Myanmar was proud of its impartial system of justice. The Government did not condone any violation of human rights, and charges of supposed violations, which no doubt originated from areas where insurgents and unscrupulous elements operated, were dismissed as unworthy.

- 6 - Press Release HR/CN/870 24 April 1998

He said the draft also attempted to unfairly criticize the Armed Forces, the Tatmadaw. It was unsurprising that some foreign antagonists and expatriates acting under the dictates of foreign elements attempted to discredit the Armed Forces. The process of the National Convention in Myanmar was the most appropriate forum for it people to gather together and to collectively shape the future. One failed to comprehend the rationale for such a crude and unprofessional draft designed to pressure the country. It was tantamount to an outrageous provocation and an open invitation for the delegation to condemn it and reject the negative elements contained therein.

In a resolution adopted by a roll-call vote of 28 in favour to 9 against, with 16 abstaining, on the human rights situation in Nigeria (document E/CN.4/1998/L.83), the Commission welcomed the declared commitment by the Government of Nigeria to civilian rule, multi-party democracy and freedom of assembly, press, and political activity by 1 October 1998. However, the Commission expressed deep concern at continuing grave violations of human rights, including arbitrary detention, as well as failure to respect due process of law. It was concerned that a number of military and civilian persons were being tried in camera and without access to lawyers of their own choice; at life-threatening prison conditions and at the death while in detention of Shehu Yar 'Adua; and that the absence of representative government had led to such violations and was contrary to popular opinion. It called upon the Government to observe human rights and fundamental freedoms, such as by releasing all political prisoners, including those detained in connection with the 1993 presidential elections. They would include Chief M.K.O. Abiola, trade union leaders, human-rights advocates, and journalists. It called upon the Government to repeal all relevant decrees ousting the jurisdiction of the courts; to ensure that all trials were held fairly and promptly and in conformity with international standards; to ensure just treatment of prisoners and detainees; to abide by its obligations under the international covenants on human rights; to take steps to restore democratic government without delay, to end rule by decree, and to permit an observer present during transition, as recommended by the United Nations fact-finding mission. The Government was also urged to fulfil its obligations under the Convention Freedom of Association and Protection of the Right to Organize of the International Labour Organization; to ensure the independence of the National Human Rights Commission; to implement fully its interim undertakings agreed with the Secretary-General and to respond in full to his recommendations; and to cooperate fully with the Commission and its mechanisms, including requests by the Special Rapporteur to visit Nigeria. The Commission decided to extend the mandate of the Special Rapporteur on Nigeria for another year.

The result of the vote was as follows:

In favour: Argentina, Austria, Belarus, Brazil, Canada, Chile, Czech Republic, Denmark, Ecuador, El Salvador, France, Germany, Guatemala, Ireland,

- 7 - Press Release HR/CN/870 24 April 1998

Italy, Japan, Luxembourg, Peru, Poland, Republic of Korea, Russian Federation, South Africa, Uganda, Ukraine, United Kingdom, United States, Uruguay and Venezuela

Against: China, Congo, Cuba, Guinea, Indonesia, Mali, Pakistan, Rwanda and Sudan.

Abstentions: Bangladesh, Bhutan, Botswana, Cape Verde, Democratic Republic of Congo, India, Madagascar, Malaysia, Mexico, Morocco, Mozambique, Nepal, Philippines, Senegal, Sri Lanka and Tunisia.

Speaking before the vote, BUKAR USMAN (Nigeria) said the draft resolution was seriously flawed; it failed to respect the principles of non-selectivity, objectivity, and impartiality. Nigeria maintained that a few powerful countries should not be allowed to use their subjective criteria to malign and influence others in pursuit of their foreign-policy objectives; instead, those countries should make every effort to recognize the importance of cooperation and dialogue. Those approaches had immense potential for advancing human rights and improving international relations in general. Yet year in and year out, these powerful countries offered the same biased resolution. They should move away from their rigid position to a more flexible and realistic one. Nigeria called upon all countries to reject entirely the draft resolution.

HAROLD ACEMAH (Uganda) said after careful consideration, Uganda's delegation would vote in favour of the draft because it believed that, among other things, Nigeria, and especially its people as a whole, deserved better. The enormous potential of that great African country would never be fully realized under current conditions. The Ugandan delegation appealed to the Government of Nigeria to allow the Special Rapporteur to visit the country so that he could fully discharge the important responsibility entrusted to him by the Commission. Many years from now, Nigerians would appreciate the wisdom of the Commission's position on that sensitive question.

SEKOU CAMARA (Guinea) said the draft resolution on Nigeria did not reflect the positive contribution of Nigeria to human rights situation in other African countries. It had worked for the return to normal Constitutional life of Sierra Leone, for example. Nigeria had also borne the brunt of the war in Liberia while undertaking a number of diplomatic initiatives there. Guinea's position was therefore conditioned by those efforts, along with the address made before the Commission by Nigeria's Foreign Minister, in which he described the democratization process under way in the country. It was necessary to respect a country's sovereignty and territorial integrity. Those trying to destabilize a country had to be crushed, and the Commission had to take account of this reality. The Commission also had to respect the principles of impartiality and non-confrontation. Guinea would vote against the draft resolution.

- 8 - Press Release HR/CN/870 24 April 1998

XINSHENG LIU (China) said it had seriously studied the draft. It believed that the promotion and protection of human rights must be carried out by the government of each country in light of the specific conditions of that country. Nigeria was an African country, and its people and Government were most qualified to speak on its behalf. This Commission had adopted many resolutions on Nigeria, but experience had shown that far from promoting or improving human rights, the result had been the opposite. Therefore, if there was a vote, China would vote against the draft.

Through a resolution adopted after a roll-call vote of 32 in favour to none against, with 21 abstaining, on the human rights situation in Iraq (document E/CN.4/1998/L.85), the Commission strongly condemned systematic, widespread, and extremely grave violations of human rights by the Government, resulting in an all-pervasive repression and oppression sustained by broad-based discrimination and widespread terror; summary and arbitrary executions, including political killings, enforced or arbitrary disappearances, routinely practiced arbitrary arrests and detention, and routine failure to respect due process and the rule of law, for example through the brutal execution of four Jordanian nationals in December 1997 for minor property offenses; and widespread, systematic torture. It called upon the Government of Iraq to abide by international human rights standards; to bring the actions of its military and security forces into conformity with standards of international law; to cooperate with United Nations human rights mechanisms, in particular by receiving a return visit of the Special Rapporteur and by allowing the stationing of human rights monitors throughout Iraq pursuant to relevant Commission and General Assembly resolutions.

The Government was also urged to restore independence of the judiciary and abrogate all laws granting impunity; to abrogate all decrees prescribing cruel and inhuman punishment or treatment, including mutilation, and to ensure that torture no longer occurred; to abrogate all laws and procedures penalizing free expression, and to ensure that the genuine will of the people would be the basis of authority of the State. The Commission also urged the Government to cooperate with the Tripartite Commission to establish the whereabouts and resolve the fate of missing persons; to cease immediately repressive practices aimed at minorities; to end without delay enforced displacements; to release immediately all Kuwaitis and nationals of other States who might be held in detention; and to ensure further equitable distribution without discrimination to the Iraqi population of the humanitarian supplies purchased with the proceeds of Iraqi oil. The Commission decided to extend the mandate of the Special Rapporteur for a further year.

The resolution above was adopted as a whole following a roll-call vote to retain operative paragraphs 2a, 3h, 3j, 3k and 3m. The vote on the whole text was as follows:

- 9 - Press Release HR/CN/870 24 April 1998

In favour: Argentina, Austria, Belarus, Bhutan, Botswana, Brazil, Canada, Chile, Czech Republic, Denmark, Ecuador, El Salvador, France, Germany, Guatemala, Ireland, Italy, Japan, Luxembourg, Mexico, Peru, Poland, Republic of Korea, Russian Federation, Senegal, South Africa, Uganda, Ukraine, United Kingdom, United States, Uruguay and Venezuela.

Abstentions: Bangladesh, Cape Verde, China, Congo, Cuba, Democratic Republic of Congo, Guinea, India, Indonesia, Madagascar, Malaysia, Mali, Morocco, Mozambique, Nepal, Pakistan, Philippines, Rwanda, Sri Lanka, Sudan and Tunisia.

Speaking before the vote,

Speaking before the vote, IBRAHIM MIRGHANI (Sudan) said draft resolution failed to present a balanced view of the situation of human rights in Iraq and repeated allegations made in previous resolutions without due consideration of developments and progress made since last year. The draft also ignored the negative impact of the sanctions on the human rights of the Iraqi people. The issue of the missing Kuwaitis should be resolved to the satisfaction of all parties concerned. Sudan hoped Iraq would fully cooperate with the Tripartite Commission and others to bring the matter to a fruitful conclusion. Sudan called for a roll-call vote.

DHARAR ABDUL-RAZZAQ RAZZOOQI (Kuwait) said there had been extensive negotiations on the draft resolution on Iraq. There were three paragraphs dealing with very important issues for Kuwait -- prisoners of war, missing persons, and persons unaccounted for. Security Council resolutions were obligatory; those under chapter VII were mandatory and included a mechanism for enforcement. Economic and other measures were called for. Those resolutions were included in the draft resolution before the Commission, and they had to be implemented. The Commission should help Kuwait to have its prisoners of war returned; that was just and right.

OLEG MALGUINOV (Russian Federation) said the discussion and decision taken must be objective and reflect realities and the changes taking place in Iraq. The Russian Federation considered that the formulation in the draft did not entirely reflect the reality. It had suggested amendments to the sponsors but those suggestions had been rejected, and there had not been much discussion of why. Russia felt, among other things, that the inclusion of references to the northern part of the country, given the reality there, was not relevant. Efforts to find missing people should be completed as quickly and thoroughly as possible, but the reference to the topic in the text did not reflect such nuances. It just referred to all foreigners missing in the country and did not distinguish if some, for example, had committed crimes or not. On the whole Russia felt that in Iraq there was large potential for improvement of the human rights situation; and Russia considered that Iraq should cooperate with the Special Rapporteur. Given these concerns, Russia

- 10 - Press Release HR/CN/870 24 April 1998

requested a separate vote on five relevant paragraphs, taken together, of the draft -- 2a, 3, 3h, 3j, 3k, 3m. Russia would abstain on those paragraphs but would vote in favour of the resolution as a whole.

AKRAM ALDURI (Iraq) said all reports of the United Nations and other international organizations precisely showed that the suffering of Iraqis was no longer acceptable and was a violation of human rights. It was not reasonable for Member States of the Commission to address ambiguous and imprecise questions and overlook the crime of extermination going on in Iraq. The situation in Iraq was now one of disease, hunger, death, lack of medication and food; children, the elderly and women were dying. Instead of ascertaining and exposing the truth about the fate of the 22 million Iraqis, the Special Rapporteur was defending criminals who had killed and pillaged. Instead of allegations lacking objectivity, Iraq had hoped that the true defenders of human rights in the Commission would unveil the extent of the great, unprecedented tragedy in Iraq which was slowly killing 22 million people. In whose interest was this happening? Was it because Iraq was Arab and Muslim, or was it in the interest of Western States who wanted the tragedy to continue? Iraq believed the last explanation was the valid one. The Special Rapporteur had interfered in matters that had nothing to do with his mandate; he was playing the role chartered for him by the European States. Concerning specific charges, there were no Kuwaiti prisoners of war in Iraq; there were missing persons, both Kuwaitis and Iraqis. Serious efforts were being made to find them under the supervision of the International Committee of the Red Cross. There had been enough exploitation of the issue of missing persons to achieve political objectives.

In a resolution adopted by consensus on cooperation with representatives of United Nations human rights bodies (document E/CN.4/1998/L.87), the Commission urged governments to refrain from all acts of intimidation or reprisal against those who sought to cooperate or had cooperated with representatives of such bodies, or who had provided testimony or information to them; those who availed themselves of procedures established under United Nations auspices for protection of human rights and those who provided legal assistance to them for this purpose; those who submitted communications to them; and those who were relatives of victims of human rights violations. It requested representatives of United Nations human rights bodies and treaty bodies to continue to take urgent steps to prevent hampering of access to human rights procedures and to help prevent occurrence of intimidation or reprisals. It requested them to report on allegations of intimidation or reprisals to the Commission or to the Subcommission on Prevention of Discrimination and Protection of Minorities; and invited the Secretary-General to prepare a report on the topic, including a compilation and analysis of available information from appropriate sources.

By a resolution adopted following a roll-call vote of 31 in favour to 6 against, with 16 abstaining, on the situation of human rights in Sudan

- 11 - Press Release HR/CN/870 24 April 1998

(document E/CN.4/1998/L.88), the Commission expressed its deep concern at continued serious human rights violations in Sudan, including summary executions, extrajudicial killings, arbitrary arrests, detention without due process, enforced or involuntary disappearances, violations of the rights of women and children, slavery and slavery-like practices, forced displacement of persons and systematic torture, and denial of the freedom of religion, expression, association and peaceful assembly. It emphasized that it was essential to put an end to violations of human rights in Sudan; expressed deep concern at the actions by all parties to the conflict, including abduction, trafficking and sale of children, kidnapping, arbitrary detention, forced conscription, indiscriminate killings and forced displacement in Sudan and neighbouring countries, as well as the failure to safeguard prisoners of war.

The Commission expressed its outrage at the use by all parties to the conflict of military force to disrupt or attack relief efforts; and renewed its call on the Government to respect human rights fully, and called upon all parties to the conflict to cooperate in order to ensure such respect. It urged the Government to ensure that all limitations on the construction of places of worship were abolished and the destruction of places of worship ceased and to establish a culture of religious tolerance and non-discrimination. It called upon all parties to the hostilities to respect fully the applicable provisions of international humanitarian law. The Commission again urged the Government to release all remaining political detainees, cease all acts of torture and cruel, inhuman or degrading punishment, and close down all clandestine detention centres. It urged the Government to investigate reports that its policies and activities supported, condoned, encouraged or fostered the abduction, sale of or trafficking in children, and that it subjected children to forced internment, indoctrination or other cruel, inhumane or degrading treatment or punishment. It called upon the Government to cooperate fully with the Special Committee on Allegations of Enforced or Involuntary Disappearances and Reported Cases of Slavery and expressed the hope that the Committee will actively pursue investigations into cases of slavery, slave trade and forced labour; urged the Government to take all appropriate measures to put an immediate end to those practices; and decided to extend the mandate of the Special Rapporteur for an additional year.

The result of the vote was as follows:

In favour: Argentina, Austria, Belarus, Botswana, Brazil, Canada, Cape Verde, Chile, Czech Republic, Denmark, Ecuador, El Salvador, France, Germany, Guatemala, Ireland, Italy, Japan, Luxembourg, Mexico, Peru, Poland, Republic of Korea, Russian Federation, South Africa, Uganda, Ukraine, United Kingdom, United States, Uruguay and Venezuela.

Against: China, Cuba, India, Indonesia, Pakistan and Sudan.

- 12 - Press Release HR/CN/870 24 April 1998

Abstaining: Bangladesh, Bhutan, Congo, Democratic Republic of Congo, Guinea, Madagascar, Malaysia, Mali, Morocco, Mozambique, Nepal, Philippines, Rwanda, Senegal, Sri Lanka and Tunisia

Speaking before the vote,

Speaking before the vote, IBRAHIM MIRGHANI (Sudan) said the European Union had rightly mentioned in its general statement before the Commission that most of the human rights violations in his country were due to the 14-year civil war in the south. Sudan had decided to handle the situation by addressing the root causes of the violations through negotiation. As a result, a peace agreement had been signed in April 1997 by eight of the nine rebel factions. Among other things, the agreement had resulted in the establishment of a federal system for southern Sudan. Why, then, did the draft resolution repeat last year's allegations without reflecting any of the recent developments supported by the people and Government of Sudan? The people and the Government needed the recognition of the Commission in order to take more constructive steps.

Through a draft resolution rejected by roll-call vote of 16 in favour to 19 against, with 18 abstaining, on the situation of human rights in Cuba (document E/CN.4/1998/L.89), the Commission would have welcomed "the recent release of a significant number of political prisoners and the recent increased tolerance granted to religious institutions for their activities and positive steps in the development of religious freedom in Cuba"; and called upon the Government to permit the Special Rapporteur the opportunity to carry out his mandate in full, in particular by allowing him to visit Cuba. The Commission would also have regretted "profoundly the numerous violations of human rights and fundamental freedoms described in the report of the Special Rapporteur", and urged the Government to ensure freedom of expression and assembly and the freedom to demonstrate peacefully.

The result of the vote was as follows:

In favour: Argentina, Austria, Canada, Czech Republic, Denmark, El Salvador, France, Germany, Ireland, Italy, Japan, Luxembourg, Poland, Republic of Korea, United Kingdom and United States.

Against: Belarus, Bhutan, Cape Verde, China, Congo, Cuba, Democratic Republic of the Congo, Guinea, India, Indonesia, Malaysia, Mali, Mozambique, Pakistan, Russian Federation, Rwanda, South Africa, Sudan and Uganda.

Abstaining: Bangladesh, Botswana, Brazil, Chile, Ecuador, Guatemala, Madagascar, Mexico, Morocco, Nepal, Peru, Philippines, Senegal, Sri Lanka, Tunisia, Ukraine, Uruguay and Venezuela.

- 13 - Press Release HR/CN/870 24 April 1998

Speaking before the vote, GERMAN MOLINA (Chile) said that in previous years, it had voted in favour of the resolution on human rights in Cuba, stressing its concern about the observance of human rights in that country, particularly relating to the lack of freedom of assembly and expression. Chile had also expressed concern about the way the situation of Cuba was considered. Beyond the lack of respect of human rights which was of concern to the international community, the Commission was increasingly considering criteria related to a bilateral conflict. This was ineffective in reaching the objective which was to combat transgressions. The visit of the Pope and other developments had taken place, and Chile saw the beginning of a fundamental change which should lead to the respect of human rights. For these reasons, and without failing to recall the Commission's conviction which was to protect human rights in Cuba, the resolution did not indicate an angle of a constructive search for a solution to violations which Chile had proposed. Country situations should be considered in a more dynamic way, taking into consideration the context in each country.

WANG MIN (China) said China had always favoured cooperation and dialogue on questions of human rights, rather than confrontation. It was regrettable that this draft resolution had again been submitted to the Commission. It did not square with the improved atmosphere at the Commission, and it ran contrary to the flavour of the Vienna Declaration and to accepted international standards for improvement of human rights. Cuba had made immense efforts to improve its economy and improve human rights; the Government's efforts and achievements should have received tribute and praise from the Commission, rather than this objectionable draft resolution.

JORGE PEREZ OTERMIA (Uruguay) said his delegation would abstain from voting in recognition of some progress made in the situation of human rights in Cuba.

CARLOS AMAT FORES (Cuba) said that today could be a historic day for the Commission; soon the traditional, outdated resolution the United States always presented would be voted on. States had a chance to take a stand against it and for the standards of impartiality and non-selectivity that should prevail in the Commission. So many slanders had been voiced against the Cuban revolution. References to the Special Rapporteur did not disguise the fact that the draft was a lamentable instrument, a mockery of good human rights procedure orchestrated by the United States, which had for decades aggressively attacked Cuba, among other things by imposing its cruel economic blockade. The blockade was the only case of massive violations of human rights in Cuba, and for that the United States was impossible. The United States also had carried out numerous terrorist attacks against Cuba; yet this was the country that had the gall to charge Cuba with supposed human rights violations. The United States had a history of supporting brutal dictatorships around the world. Brutal pressure had been exerted in capitals around the world to secure support for this draft resolution; but many countries had refused to join this futile exercise. * *** *

- 14 - Press Release HR/CN/870 24 April 1998