COMMISSION ON HUMAN RIGHTS EXPRESSES CONCERN OVER SITUATIONS IN IRAN, FORMER YUGOSLAVIA
Press Release
HR/CN/873
COMMISSION ON HUMAN RIGHTS EXPRESSES CONCERN OVER SITUATIONS IN IRAN, FORMER YUGOSLAVIA
19980424 (Reissued as received.)GENEVA, 22 April (UN Information Service) -- The Commission on Human Rights voiced concern this afternoon over situations in Iran and the former Yugoslavia, approving texts that for days or even weeks had been the subject of energetic negotiations.
The Commission welcomed the stated commitment of the Government of Iran to encourage respect for the rule of law and its emphasis on the development of a society in which human rights were fully respected, along with improvements in freedom of expression. But it expressed concern that human rights continued to be violated, in particular through a large number of executions in apparent absence of respect for internationally recognized safeguards; cases of torture, including amputation, stoning and public executions; and failure to meet international standards in the administration of justice. Member States of the Organization of the Islamic Conference charged that the resolution was overly negative and confrontational and did not sufficiently credit the Iranian Government for its recent improvements. A roll call vote followed, with 23 in favour, 14 opposed, and 16 abstaining.
The representative of Iran charged that the measure was "only intended to meet the political and economic interests of its sponsors" and not commensurate with recent undertakings of the Government to promote and respect human rights, to which the response should have been appreciation and encouragement.
In a lengthy resolution on situations in the countries of the former Yugoslavia, the Commission stressed what it called the "crucial role" human rights questions had to play in the success of the peace agreement and called for focus on several core problems: lack of full respect for the human rights of all individuals; return of refugees and displaced persons to their homes in safety and dignity; capacity-building in rule of law and administration of justice; lack of respect for freedom and independence of the media; inadequate cooperation with the International Criminal Tribunal for the Former Yugoslavia; and missing persons. It then went on to prescribe recommendations for specific human rights improvements in Bosnia and Herzegovina, Croatia, and
the Federal Republic of Yugoslavia, calling in the last case for, among other things, a "substantive, unconditional dialogue" between authorities in Belgrade and the Kosovo Albanian leadership aimed at achieving a lasting resolution to the problems of Kosovo consistent with the territorial integrity of the Federal Republic. The measure passed by a roll call vote of 41 in favour and none opposed, with 12 abstentions.
The representative of Croatia said the resolution should have taken a more "balanced" approach highlighting differences in developments between the three countries and their varying levels of cooperation with the international community, and contended that some measures taken by Croatia concerning human rights were not sufficiently appreciated.
Action on Resolutions
Through a draft resolution on enhancement of international cooperation in the field of human rights (document E/CN.4/1998/L.41), deferred until Friday, the Commission would call upon Member States, intergovernmental organizations and specialized agencies to continue to carry out constructive dialogue and consultations for the enhancement of understanding and the promotion and protection of all human rights and fundamental freedoms, and encourage non-governmental organizations to contribute actively to this endeavour.
ANDREW McALISTER (Canada) said it was a matter of some regret that the Commission proposed to vote on the issue of international cooperation in the field of human rights. Last year at the Commission, in the spirit of openness and consultation, members had been able to reach agreement on that very important issue. It had also been possible to reach agreement on it at the session of the General Assembly in December. Canada had hoped to have reached agreement once again on the basis of what had been agreed upon in the past. It was with regret that, if there was a vote, Canada would have to vote no.
RODOLFO REYES RODRIGUEZ (Cuba) said L.41 reflected language of non-confrontational nature. The Cuban delegation regretted to hear that the previous speaker's delegation would vote against it.
In a resolution adopted by a roll call vote of 41 in favour to none against, with 12 abstaining, on the situation of human rights in Bosnia and Herzegovina, Republic of Croatia and the Federal Republic of Yugoslavia (document E/CN.4/1998/L.86 rev.1), the Commission stressed the crucial role that human rights questions had to play in the success of the peace agreement; stressed the need to focus international human rights efforts in the region on the core problems of lack of full respect for such rights of all individuals; return of refugees and displaced persons in safety and dignity; capacity-building in rule of law and administration of justice; lack of respect for freedom and independence of the media; inadequate cooperation with
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the International Criminal Tribunal for the Former Yugoslavia; and missing persons.
In the case of Bosnia and Herzegovina, the Commission, among other things, welcomed progress in some areas towards implementation of the peace agreement; reiterated its calls in previous resolutions upon all authorities concerning full implementation by the authorities of the Republika Srpska and the Federation of existing laws providing amnesty for crimes related to the conflict, other than serious violations of international humanitarian law and, in the case of the Republika Srpska, the immediate amendment of its law to provide amnesty for persons who avoided conscription or deserted; called upon authorities in Bosnia and Herzegovina to complete the reform and restructuring of local police forces; to reverse the effects of "ethnic cleansing", to allow freedom of movement and the return of refugees and displaced persons to their places of origin; and to repeal laws relating to "abandoned property" and to end illegal evictions of persons from their homes.
In the case of the Republic of Croatia, the Commission, among other things, welcomed the successful completion of the mandate of the United Nations Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium (UNTAES), the accession by Croatia to the Council of Europe, and the ratification of the European Convention on Human Rights; called upon the Government of Croatia to undertake greater efforts to adhere to democratic principles; to respect the human rights, including the property rights, of all, including in particular returning displaced persons and refugees, including ethnic Serbs; to put an end to harassment of displaced Serbs and to put an end to the involvement by Croatian military and police officials in such incidents; and to guarantee freedom of association and of the press.
In the case of the Federal Republic of Yugoslavia, the Commission, among other things, welcomed the recent visit by the Special Rapporteur and the deployment of additional human-rights officers in Kosovo; regretted that the Federal Republic of Yugoslavia had complied only partially with the recommendations of the Chairman in Office of the Organization for Security and Cooperation in Europe regarding fostering democracy and the rule of law; also regretted the Republic's express refusal to allow a visit by the Special Rapporteur on extrajudicial, summary, or arbitrary executions; called upon authorities it to comply with the recommendations contained in the reports of the Special Rapporteur; to comply also with its obligation to cooperate with the Tribunal; to undertake substantially greater efforts to strengthen and implement fully democratic norms; to put an end to torture and ill-treatment of persons in detention; condemned violent repression of non-violent expression of political views in Kosovo; insisted that its Government take immediate action to put an end to continuing repression of and prevent violence against the ethnic Albanian population, as well as other communities living in Kosovo; to ensure the complete withdrawal of its special police from Kosovo; to release all political detainees, allow the return in safety and
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dignity of ethnic Albanian refugees to Kosovo and respect fully all human rights and fundamental freedoms; to allow the establishment of democratic institutions in Kosovo; to agree to the establishment of an office of the High Commissioner for Human Rights in Pristina; and emphasized the importance of a substantive, unconditional dialogue between authorities in Belgrade and the Kosovo Albanian leadership aimed at achieving a lasting resolution to the problems of Kosovo consistent with the territorial integrity of the Federal Republic of Yugoslavia.
On the subject of the International Criminal Tribunal for the Former Yugoslavia, the Commission called upon all States and parties to the peace agreement to meet their obligations to cooperate fully with the Tribunal; welcomed the decision by the Prime Minister of the Republika Srpska to allow the Tribunal to open an office in Banja Luka and urged the Government of the Republika Srpska to follow through on promises to improve cooperation with the Tribunal; also welcomed the decision by four persons indicted by the Tribunal who were residents of the Republika Srpska to surrender voluntarily to the custody of the Tribunal; and urgently called once again upon competent authorities in Bosnia and Herzegovina, including those of the Federation and particularly of the Republika Srpska, and the Governments of Croatia and the Federal Republic of Yugoslavia to apprehend and surrender for prosecution all persons indicted and noted that the large majority of those indicted, including Radovan Karadzic and Ratko Mladic, appeared to be living in the Republika Srpska or the Federal Republic of Yugoslavia.
On the subject of missing persons, the Commission called, among other things, for the parties concerned to resume and expand the joint exhumation process in Bosnia and Herzegovina under the auspices of the Office of the High Representative as soon as possible; called upon the Government of the Republic of Croatia to turn over all relevant material on missing persons, and specifically to transfer relevant documentation on its actions relating to its 1995 "Flash" and "Storm" operations to the International Committee of the Red Cross and the International Commission on Missing Persons; and called upon the international community to provide appropriate resources to the Commission on Missing Persons.
The Commission 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, Bangladesh, Bhutan, Botswana, Brazil, Canada, Chile, Czech Republic, Denmark, Ecuador, El Salvador, France, Germany Guatemala, Indonesia, Ireland, Italy, Japan, Luxembourg, Malaysia, Mali, Mexico, Morocco, Mozambique, Nepal, Pakistan, Peru, Philippines, Poland, Republic of Korea, Senegal, South Africa, Sudan, Tunisia, Uganda, Ukraine, United Kingdom, United States, Uruguay and Venezuela.
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Abstaining: Belarus, Cape Verde, China, Congo, Cuba, Democratic Republic of the Congo, Guinea, India, Madagascar, Russian Federation, Rwanda and Sri Lanka.
The adoption of the resolution as a whole followed a separate roll call vote requested by the Russian Federation on whether to maintain paragraphs 22, 25, 29b, 30, 33 and 35 of the text. The paragraphs were maintained after the following vote:
In favour: Argentina, Austria, Bangladesh, Bhutan, Botswana, Brazil, Canada, Chile, Czech Republic, Denmark, Ecuador, El Salvador, France, Germany, Ireland, Italy, Japan, Luxembourg, Malaysia, Morocco, Mozambique, Nepal, Pakistan, Peru, Philippines, Poland, Republic of Korea, Senegal, Sudan, Uganda, Ukraine, United Kingdom, United States, Uruguay and Venezuela.
Against: Belarus, and Russian Federation.
Abstaining: Cape Verde, China, Cuba, Democratic Republic of the Congo, Guatemala, Guinea, India, Indonesia, Madagascar, Mali, Mexico, Rwanda, South Africa, Sri Lanka and Tunisia.
NARCISA KUEHL (Croatia) said for the seventh consecutive year, the Commission was about to take action on the situation of human rights in Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia. The draft this year adopted the approach of addressing the human rights situation in a continued manner, dealing with the core problems of the region. The draft should have taken a more balanced approach to highlight the difference in developments between the three countries and to take into account the varying levels of cooperation between the countries and the international community. It was with surprise that his delegation noted that the draft stated that the major responsibility concerning humanitarian problems on missing persons lay with Croatia; that contradicted the recommendations and conclusions of the Special Rapporteur. Croatia also recalled that it had advocated Commission action to ensure the expedient exchange of information on missing persons. Other measures taken by Croatia concerning human rights were not sufficiently represented in the draft. These were some of the reasons why Croatia found itself unable to co-sponsor the resolution. However, it should be noted that Croatia had been actively involved in the drafting and some of its concerns had been taken into account.
YOURI BOYTECHENKO (Russian Federation) said the work on L.86 had continued for several weeks and many members had taken part in the process. His delegation would like to point to the high level of transparency displayed by the main sponsors. The Russian Federation had taken an active part in the drafting to work out a well-balanced text. There were positive elements in the resolution, yet the Russian Federation was not satisfied with the balance and the thrust of whole sections of the draft, especially in the sections on
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the Federal Republic of Yugoslavia and the International Criminal Tribunal. To highlight some of the main elements of disagreement, he first wished to point out that an incorrect name was used for the Federal Republic of Yugoslavia was used; Russia insisted that this be brought in line. Second, the draft also contained incorrect assessments of the situation in the Federal Republic of Yugoslavia, especially in the observance of civil rights and freedoms, the activities of the mass media and rights of minorities. Concerning Kosovo, the draft's main sponsors departed from the statement of the Chairman on the issue; from Security Council resolution 1160, and from other documents. L.86 continued to make incorrect descriptions and did not note new steps taken by the Belgrade authorities or the increase of terrorist acts. The draft might also complicate the situation on the ground. Concerning the Tribunal, the Commission had transcended its mandate by giving descriptions and making demands which were the prerogative of the Security Council. The Russian Federation regretted not being able to achieve corrections and had taken the difficult decision to request a separate vote on whether or not to keep paragraphs 22, 25, 29b, 30, 33 and 35. The Russian Federation requested that those paragraphs be voted on separately and it would vote against them. Then it would ask for a vote on the draft as a whole and would abstain on that.
XIE BOHUA (China) said the issue of Kosovo should have been settled at an early stage between the parties with full respect for the sovereignty of the country in question. Some paragraphs of the text were not in line with China's position. China would therefore abstain from voting.
By a resolution approved by roll call vote of 23 in favour to 14 against, with 16 abstaining, on the situation of human rights in Iran (document E/CN.4/1998/L.100), the Commission welcomed the stated commitment of the Government of Iran to encourage respect for the rule of law and its emphasis on the development of a society in which human rights were fully respected; welcomed improvements in the area of freedom of expression, particularly in the media and cultural fields; expressed its concern that in spite of this progress, human rights continued to be violated in Iran, in particular, the large number of executions in the apparent absence of respect for internationally recognized safeguards, cases of torture and cruel, inhuman or degrading treatment or punishment, including amputation, stoning and public executions, the failure to meet international standards in the administration of justice and the absence of due process of law; expressed concern at the lack of transparency in the judicial system; expressed concern at continuing grave violations of the human rights of the Baha'is; expressed concern at the continuing threats to the life of Salman Rushdie as well as individuals associated with his work; expressed concern at the apparent reluctance of the Iranian authorities to prosecute and punish those who committed violence against critics of the Government; called upon the Government to consolidate respect for the rule of law and allow greater freedom of expression; to take all necessary steps to end the use of torture and the practice of amputation,
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stoning and other forms of cruel, inhuman and degrading punishment; to implement fully the conclusions and recommendations of the Special Rapporteur on religious intolerance relating to the Baha'is, Christians and other minority religious groups; to refrain from violence against member of the Iranian opposition living abroad; to provide satisfactory written assurances that it does not support or incite threats to the life of Salman Rushdie; decided to extend the mandate of the Special Rapporteur to further one year.
The result of the vote was as follow.
In favour: Argentina, Austria, Botswana, Brazil, Canada, Chile, Czech Republic, Denmark, Ecuador, El Salvador, France, Germany, Guatemala, Ireland, Italy, Japan, Luxembourg, Peru, Poland, Russian Federation, United Kingdom, United States, Uruguay and Venezuela.
Against: Bangladesh, Bhutan, China, Congo, Cuba, Guinea, India, Indonesia, Malaysia, Mali, Morocco, Pakistan, Philippines and Sudan.
Abstaining: Belarus, Cape Verde, Democratic Republic of the Congo, Madagascar, Mexico, Mozambique, Nepal, Republic of Korea, Rwanda, Senegal, South Africa, Sri Lanka, Tunisia, Uganda and Ukraine.
MUNIR AKRAM (Pakistan) said yesterday Pakistan had introduced amendments to L.100 in the form of document L.105. During consultations, Pakistan had made suggestions of compromise; unfortunately, it was quite evident that the co-sponsors of L.100 were not prepared to change the basic thrust of their resolution, which, despite changed circumstances, remained denunciatory. As coordinator of the working group of the Organization of the Islamic Conference (OIC), Pakistan wanted to make some comments on L.100. Several provisions of the resolution were incorrect, exaggerated or presented in language which was unduly offensive. OIC countries considered that the situation of human rights in Iran was no worse than that in many other countries which were not subjected to such resolutions by the Commission. Pakistan also could not forget the attempt made in the Commission in the past to insinuate insults against Islam; the OIC had in the past expressed concern at the discriminatory selection of Muslim countries of such resolutions in human rights bodies. Pakistan hoped that this rush in the clash of civilizations would soon end. In the light of compromise and constructivity, Pakistan had decided not to put its amendments to a vote. However, it believed draft resolution L.100 was not the right way to respond to positive developments in Iran and was not the way to encourage further progress in human rights.
AUDREY GLOVER (United Kingdom) said she thanked the representative of Pakistan for withdrawing its proposed amendments; efforts had been made to reach a compromise resolution, but that had not been possible this year. Perhaps it would be possible next year.
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ALI KHORRAM (Iran) said that major steps had been taken in Iran since the election of the President last year. The President had launched various initiatives to further consolidate democratic institutions, to provide grounds for more active civil and political participation, to reinforce the rule of law, to promote women's rights, to foster national mechanisms for protection and promotion of human rights and fundamental freedoms, and to further ensure freedom of expression. But the draft resolution fell short of recognizing those realities; it was only intended to meet the political and economic interests of its sponsors. It was not commensurate with the undertakings of the Government to promote and respect human rights; the response to these should be appreciation and encouragement; anything less would but indicate the supremacy of political and economic considerations over human rights concerns. The draft resolution was not consistent with the report of the Commission's Special Representative on Iran; Iran had been told the sponsors had other sources of information, but the sponsors refused to say what those sources were, and so had not given Iran a chance to respond to them and to defend itself. Iran had from the beginning had been ready to have a consensus text whose status would be decided later; its preference would have been a Chairman's statement rather than a resolution. Iran had explored all avenues of consensus to no avail. It was the same old story of prevarication, procrastination, and no real negotiation. Regrettably, over-politicization, double standards, selectivity, and subjectivity had become the prevailing features of the Commission. The draft, if adopted, would not serve as the basis of Iran's cooperation with the Special Representative.
SAODAH SYAHRUDDIN (Indonesia) said it had studied L.100 carefully. For the draft to be fair and just, it was vital to keep pace with the realities of the country concerned and to adopt a constructive approach towards the related problems. Everyone had witnessed the growing improvements in the field of human rights in Iran in the course of the last year. The new Government's renewed commitment to promote respect for the rule of law and human rights had set the course for further sustained improvement in the country. The Commission should not lose sight of the Special Representative's view that among the most striking developments in Iran was the effort of the new Government to give substance to the commitment to develop a society that cherished the rule of law and individual freedoms. Therefore, Indonesia did not view the adoption of the draft resolution as an encouraging step and would vote against it.
IFTEKHAR CHOWDHURY (Bangladesh) said there was a touch of irony in the fact that the resolution emanated from Europe. Europe, more than any other part of the world, should know more about revolutions and social ferments, because it had also been affected. Iran was changing: positive developments were taking place in all spheres of that society, and the area of human rights was no exception. That country had a history of civilization dating back 4,000 years; its culture could out-match any other, in any part of the world.
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Events in contemporary Iran provided ample evidence of a positive trend, and those developments deserved understanding and recognition. Bangladesh would therefore vote against L.100.
XIE BOHUA (China) said the delegation had hoped from the first that the sponsors of the resolution would give sufficient consideration to the concerns of Iran and the other Islamic countries; the Government of Iran, which had recently hosted the Sixth Workshop for Promotion and Protection of Human Rights in the Asian and Pacific Region, had made major commitments on promotion of human rights. Instead of criticizing, the draft resolution should have encouraged Iran. China would vote against the resolution.
AUDREY GLOVER (United Kingdom) on behalf of the European Union and other co-sponsors, said in the past year there had been changes and improvements in some aspects of the human rights situation in Iran; there had also been statements by the Government suggesting that more changes were on their way. Those were reflected in the report of the Special Representative and in the draft resolution, which, among other things, welcomed the stated commitment of the Government to encourage respect for the rule of law. However, major problems continued in Iran, and the Special Representative had made them clear. The use of cruel, inhuman or degrading treatment continued unabated, while change in the situation of women was urgently needed. Also, the Special Representative had not been allowed to visit Iran. Any resolution on human rights in Iran must recognize the good and the bad: it must welcome and encourage improvements, but it must also set out what the continuing problems were. The problems in Iran were not isolated incidents -- they formed a pattern and any credible resolution must address them.
WILHELM HÖYNCK (Germany) said the Commission had the difficult task of supporting positive signals it was observing -- and happy to observe in Iran -- and also remarking on the overall situation, which continued to include serious breaches of human rights. It was necessary to strike a delicate balance; Germany thought the draft resolution achieved such a balance. As part of the process of further improvement, the resolution was useful and appropriate.
SIRAG ELDIN HAMID YOUSIF (Sudan) said his delegation had followed with great interest the dialogue held on L.100 and had listened carefully to the statement of Iran. Sudan had been one of the first delegations to proclaim that cooperation should prevail in this session and that the Commission should encourage improvements in the situation of human rights in any territory or country. Positive changes had recently taken place in Iran, as had been recognized by the Special Representative on that country. These represented for the Commission an essential source of motivation. Lack of appreciation in the draft of the positive changes would only trigger a need for a vote. Sudan hoped that the changes in Iran would lead to a situation where there would no longer be a need to draft a resolution on Iran in the future.
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VLADIMIR PARSHYKOV (Russian Federation) said the delegation supported the draft resolution, but felt the sponsors had done far from everything to find an acceptable formulation for all. In particular, it felt that the amendments just withdrawn by Pakistan could quite readily have been included in the text. There had been insufficient transparency in the preparation of the draft, and Russia hoped that in future such problems would not recur and the Commission could reach a consensus resolution on Iran.
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