COMMISSION ADOPTS RESOLUTION ON HUMAN RIGHTS SITUATION IN BURUNDI, APPROVES CHAIRMAN'S STATEMENT ON EAST TIMOR
Press Release
HR/CN/874
COMMISSION ADOPTS RESOLUTION ON HUMAN RIGHTS SITUATION IN BURUNDI, APPROVES CHAIRMAN'S STATEMENT ON EAST TIMOR
19980427 Also Passes Measures on Organization of Work(Reissued as received.)
GENEVA, 24 April (UN Information Service) -- The Commission on Human Rights expressed concern this morning over human rights situations in Burundi and East Timor, the first through a resolution extending the mandate of a country-specific Special Rapporteur, and the second through a Chairman's statement.
The Commission urged all parties to the conflict in Burundi to end the cycle of violence and killing, notably indiscriminate violence against the civilian populations, and expressed its concern at the forcible recruitment and kidnapping of children by non-governmental armed groups. It exhorted the parties to the conflict to facilitate humanitarian assistance operations in aid of war victims and to comply scrupulously with international humanitarian law. It also took note of the efforts of the Government aimed at ensuring that established legal safeguards for human rights and international human rights standards were fully respected.
The Chairman's statement on East Timor recalled the undertakings by the Government of Indonesia to promote human rights in East Timor and stressed the need for their implementation, including concrete steps on the early trial and release of detained East Timorese and for those in custody to be treated humanely. The Commission welcomed the progress towards concluding a Memorandum of Understanding between the Government of Indonesia and the Office of the High Commissioner for Human Rights on technical cooperation.
At its final meeting of 1998, the Commission also adopted resolutions on the enhancement of international cooperation in the field of human rights and on the organization of work of the session.
In closing statements, United Nations High Commissioner for Human Rights Mary Robinson, and the Chairman of the Commission's fifty-fourth session, Jacob Selebi (South Africa), pointed to the approval of a draft declaration on the protection of human rights defenders as one of the highlights of the past six weeks of meetings. However, they added, much work remained to be done, as evidenced by recent attacks on human rights activists and continuing abuses throughout the world.
"We can never congratulate ourselves while these violations occur", said the Chairman, calling for measurable progress at the national level.
Several countries made statements in explanation of vote under the Commission's agenda item concerning the violation of human rights anywhere in the world. The representatives of the different regional groups also made closing remarks.
Statement on East Timor
In a Chairman's statement on the human rights situation in East Timor, the Commission said it continued to follow with deep concern the reports of violations of human rights in East Timor. The Commission recalled the undertakings by the Government of Indonesia to promote human rights in East Timor and stressed the need for their implementation, including concrete steps on the early trial and release of detained East Timorese and for those in custody to be treated humanely. The Commission welcomed the progress towards concluding a Memorandum of Understanding between the Government of Indonesia and the Office of the United Nations High Commissioner for Human Rights on technical cooperation, and the agreement on early assignment of a programme officer to implement the technical cooperation programme. The Commission also welcomed the efforts of the Indonesian National Commission on Human Rights to promote and protect human rights and to undertake fact-finding inquiries into human rights violations, including through its office in Dili. The Commission noted the commitment by the Government of Indonesia to continue to allow greater access to East Timor by the international media and international humanitarian organizations. In conclusion, the Commission welcomed the dialogue under the auspices of the Secretary-General for achieving a just, comprehensive and internationally acceptable solution to the question of East Timor. In that context, it stressed the need for constructive action in order to promote a favourable atmosphere for further progress towards a solution.
Action on Draft Resolutions and Decisions
In a resolution on enhancement of international cooperation in the field of human rights (document E/CN.4/1998/L.41), adopted the consensus, the Commission called 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. It encouraged all non-governmental organizations (NGOs) to contribute actively to that endeavour; and requested all relevant United Nations human rights mechanisms
and procedures to pay due attention to the important role of international cooperation, mutual understanding and genuine dialogue.
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AUDREY GLOVER (United Kingdom) said she would like to explain the position of the European Union with regard to resolution L.74 on "Towards a culture of peace". A culture of peace, while having an impact on human rights, was not in itself a human rights issue. While supporting the promotion of a culture of peace, the European Union considered that this was a matter best considered in forums other than the Commission, especially given the proliferation of issues under consideration within the Commission.
ROMAN KUZNIAR (Poland) said that during this session, Poland had initiated discussion on the draft resolution on human rights and good governance, submitting a pertinent proposal. The overwhelming majority of the delegations which participated in consultation shared Poland's view on the validity of the issue in question. However, it was agreed there was a need for more preparation and time before the Commission was invited to take action on the draft. Therefore, Poland had decided not to table the draft resolution this session and would bring the issue back to the next session after sufficient preparations.
In a resolution adopted by consensus on the situation of human rights in Burundi (document E/CN.4/1998/L.102/Rev.1), the Commission urged all parties to the conflict to end the cycle of violence and killing, notably the indiscriminate violence against civilian populations. It exhorted the parties to the conflict to refrain strictly from any act which would hamper the activities of the International Committee of the Red Cross (ICRC) and other humanitarian assistance operations; took note of the efforts of the Government aimed at ensuring that established legal safeguards for human rights and international human rights standards were fully respected; invited the Government to take more measures in the judicial sphere to put an end to impunity, in particular by bringing to trial those responsible for violations of human rights; called upon all parties to the conflict in Burundi to work constructively with the international mediators in the search for a lasting peace; encouraged the Organization of African Unity (OAU) in its efforts; called upon the international community to continue to provide humanitarian assistance needed by displaced persons and returnees in Burundi; condemned the illegal sale and distribution of weapons and related materials which disturbed peace and security in the region; requested States not to allow their territories to be used as bases for incursions or attacks against another State; and decided to extend the mandate of the Special Rapporteur for one year.
AUDREY GLOVER (United Kingdom) said the European Union would join in the consensus on L.102/Rev. 1, but with some concern regarding the contents and the negotiation process. While welcoming reference in the original draft to regional efforts to bring peace to Burundi, the European Union was very disappointed that there were very few elements on the human rights situation in Burundi. What was included was not a well-balanced reflection of the situation on the ground. The Union and others had not been given an
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opportunity to contribute to the drafting process beforehand. The Union had entered the negotiations with the African Group intending to work to achieve a consensus text, but also with a view to integrating more elements taken from the Special Rapporteur's report on the human right situation in Burundi. The Union urged the drafters to consider approaching this resolution in a more transparent, open and conciliatory manner in the future.
ADOLPHE NAHAYO (Burundi) said his delegation recognized the continued efforts of the Secretary-General, the United Nations High Commissioner for Human Rights and the Commission to protect and promote human rights in his country. However, it regretted that the resolution could not totally commit Burundi because it ignored the violation of the most elementary human rights of Burundi's citizens -- the embargo on the country and its effects on the implementation of the Universal Declaration and the International Covenant on Economic, Social and Cultural Rights and the right to development. It was based on those two international instruments that the Ministerial Conference of the World Trade Organization had requested the lifting of the sanctions against Burundi in October 1997 here in Geneva. To maintain the citizens of a country in a situation of continued assistance, under whatever pretext, was against their dignity, violated the main principles of the Declaration and contradicted resolution 1998/11 of the Commission itself. Burundi reaffirmed its determination to continue to promote civil and political rights if it received more support from the international community.
ANDREW McCALISTER (Canada) said it wanted to endorse what had been said by others and express concern about the circumstances under which L.102/Rev.1 was negotiated. Canada appreciated that the draft was discussed at length within the African Group, but it was not until Monday of this week that other delegations could comment, thus leaving very little time to resolve a number of substantive differences. Most notable among those was concern about the almost total absence of mention of the human rights situation in Burundi. Despite the limited time, it had proven to be possible, with flexibility on part of the delegations, to strike a number of compromises on key issues. Therefore, although the final text remained problematic on a number of items, Canada would join the consensus and hoped that more time would be made available for consultations in future years.
EUGENE-RICHARD GASANA (Rwanda) said that over the past four years, his country had shown increased respect for human rights and for the dignity of human beings. However, considerable challenges remained, including in relation to the financial resources the country needed to further its activities. The conditions in prisons were also a source of concern for the Government. The terrorist activities in the north-west of the country had a definite impact in the advancement of the country's development. None the less, the Government had continued to pursue its major objectives of peace and national reconciliation, even though the establishment of a national human rights commission had been delayed because of the lack of financial resources.
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The Government of national union hoped to carry out its commitments in a positive manner. It appealed to the international community to provide a mini-Marshall Plan for Rwanda, to establish justice and peace in the country.
HERNAN PLORUTTI (Argentina) said the country's vote on the draft resolution on Cuba was a reflection of the hope that matters would continue to improve in the country, including in respect for freedom of religious belief. Argentina encouraged the Government of Cuba to perform further work in human rights. Argentina's vote should in no way be interpreted as a condemnation of Cuba, to which it was linked in many ways. Argentina was certain that soon Cuba would join the ranks of Latin American countries with fully established democracies.
SHIGEKI SUMI (Japan) said it had joined in the adoption of L.81/Rev.1, on Myanmar although it had some reservations on the text. The resolution expressed the concern of the international community with regard to the human rights situation and the democratization process. Japan had stated in the general debate that it strongly hoped the Special Rapporteur would be allowed to visit Myanmar. Japan recognized that some positive events had taken place in Myanmar over the past year and welcomed efforts by the Government. It hoped the Government would continue to take further measures to improve its human rights situation and expedite the process of democratization. Japan was prepared to assist in achieving those goals.
MUNIR AKRAM (Pakistan) said his delegation had joined in the consensus regarding the resolution on the situation of human rights in Afghanistan passed by the Commission. Pakistan agreed that the situation in various parts of the country was cause for international concern. That would improve significantly once peace was restored throughout Afghanistan and the reconstruction in the country was commenced. Pakistan's believed that progress towards peace in Afghanistan required respect for the customs and traditions of the people of Afghanistan; affirmation of the United Nations' role as an impartial mediator -- especially by adopting the vacant-seat formula implemented by the Organization of the Islamic Conference, and the imposition of an effective arms embargo on Afghanistan. Since last June, his Government had been making sincere efforts with all the parties to the conflict. With the agreement of the Northern-Alliance and Taleban, Pakistan had promoted the concept of a dialogue among the Ulema nominated by the parties. Now, agreement had been achieved to commence the dialogue in a steering committee in which all the parties would be represented.
ARTURO HERNANDEZ BASAVE (Mexico) said the delegation had abstained from several votes under item 10. In several cases, that was because the drafts were not developed with suitable transparency; in other cases it had abstained because the texts had a political tone. The great challenge in international human rights law at the end of the century was to limit its over- politicization. None the less, although item 10 had been used for ends other
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than the noble cause of human rights, it must also be acknowledged that it had served to overcome very serious human rights violations; it would be very sad if that had not been the case. Dialogue and cooperation had to be promoted; imposition of mechanisms against countries' will never worked. Mexico regretted that this year the Commission had been obliged to vote on measures which had enjoyed consensus in the past.
KAMEL MORJANE (Tunisia) said, concerning resolution L.85 previously adopted at the Commission, his delegation wanted to express support for the requirements contained in the text in relation to the situation of disappeared persons of Kuwaiti and other nationalities, taking into account humanitarian principles. That should help to bring about improvements in relations between Kuwait and Iraq. Tunisia reaffirmed the need to respect the sovereignty of Iraq throughout its territory and called on the international community to work to reduce the suffering of the people and children of Iraq caused by shortages of food and medicines.
AUDREY GLOVER (United Kingdom), speaking on behalf of the European Union, said the Union was concerned about the intention of the Government of Rwanda to carry out a public execution today at 10 a.m. of 22 people convicted of involvement in the 1994 genocide. The Union was particularly concerned that the executions were due to be carried out in public, contrary to previous assurances given by the Government of Rwanda. The announcement of the executions had been made shortly after the adoption by the Commission of a its resolution (L.101) on the situation of human rights in Rwanda. The issue of executions in Rwanda had been the subject of much discussion during negotiations on the text, during which the Union had made concessions in favour of the position of the Government of Rwanda. The Union urged Rwanda to fully comply with its obligations under the International Covenant on Civil and Political Rights and to observe other international safeguards concerning the use of the death penalty.
ANDREW McALISTER (Canada) said the delegation wished to endorse the concerns voiced by the European Union on the executions in Rwanda.
In a resolution on the question of resources for the Office of the United Nations High Commissioner for Human Rights and the human rights activities of the United Nations (document E/CN.4/1998/L.107), the Commission expressed concern that with the resources currently available from the United Nations regular budget, the High Commissioner would not be in a position to fulfil the full range of established and new mandates; and appealed for sufficient regular budget resources for the current and future bienniums.
In a measure proposed by the Chairman on enhancing the effectiveness of the mechanisms of the Commission, the Commission decided to appoint a bureau to facilitate the review of the bodies and mechanisms of the Commission, with a view to making recommendations to the fifty-fifth session of the Commission.
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The Commission also approved its provisional agenda for next year's session (document E/CN.4/1998/L.106), which incorporated several changes, including inclusion of an item on the human rights of women; an item for reviewing implementation of the draft declaration on human rights defenders; and an item for annual review of the Commission's work and agenda. That resolution was also put before the Commission by its Chairman.
Closing Statements
MARY ROBINSON, United Nations High Commissioner for Human Rights, said the Chairman's question at the outset of the Commission on the challenge of making a difference needed to be posed every day, and his assertion that the Commission's work was continuous over a full year and not just six weeks was welcome. Governments, non-governmental organizations, national institutions and the United Nations needed to make a difference throughout the year.
This session had some signal achievements, said Ms. Robinson, citing the approval of the declaration on human rights defenders. However, everyone knew that adoption of a declaration alone was not enough: implementation was required. The recent killing of Colombian human rights activist Eduardo Umaña Mendoza was a brutal reminder of the price being paid by those who defended human rights. The High Commissioner hoped that all individuals and members of non-governmental organizations who came to the Commission to raise their concerns about human rights could return to their countries without fear of retribution.
Another welcome development at this session was the dialogue between the Commission on Human Rights and the Commission on the Status of Women, Ms. Robinson said. The session had also enhanced recognition of the role of national institutions in the protection and promotion of human rights; there had been an encouraging growth in the requests to the Office to strengthen such institutions.
The mandate of the High Commissioner placed particular emphasis on ensuring the right to development, and she thanked those whose tenacity and flexibility had resulted in the adoption by consensus of the resolution to enhance work on that important right. But the Office of the High Commission was faced with the impossible task of meeting mounting demands with dwindling resources. The Chairman's resolution appealing to the Secretary-General, the Economic and Social Council and the General Assembly to take steps to secure sufficient resources was welcome.
The High Commissioner said she wished to congratulate the Commission on its reformed agenda and also for a thorough review of the Commission's mechanisms to enhance their effectiveness. Farewells would not be offered because everyone's work continued. The Commission, through its work, had honoured the Universal Declaration of Human Rights.
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JACOBI SELEBI (South Africa), Chairman of the Commission, in a closing statement, said he believed the session had shown that human rights were important, that countries believed in the concept of universality and that none of them was perfect. He also believed that the adoption, after 13 years of negotiations, of the draft declaration on human rights defenders, among other things, had made a difference.
But there were also areas that remained unfulfilled, Mr. Selebi said. Foremost among them was that even while the international community celebrated the adoption of the declaration on human rights defenders, human rights defenders continued to be persecuted -- some had even been lost their lives. The adoption of the declaration, important as it might be, should not let the Commission forget that the issue needed to remain under the scrutiny of the international community.
The Chairman said it seemed an element of ritual had set in with some issues -- that resolutions, and the Commission's approach to them, could not change lest they "send the wrong messages". Those approaches should be more flexible. In the same vein, countries should resist the temptation of bringing bilateral disputes into the Commission, thus further unnecessarily politicizing its work.
Mr. Selebi said he believed that one of the obstacles to the promotion and protection of human rights was the group system. Having watched from the podium, it occurred to him that group solidarity often came at the expense of promotion and protection.
The voluminous reports of special rapporteurs suggested that serious violations in all parts of the world continued to occur, and that some countries did not extend to rapporteurs the necessary cooperation to enable them to discharge their functions, Mr. Selebi said.
"We can never congratulate ourselves while these violations occur. We must try to encourage measurable progress at the national level", he said.
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Correction: In Press Release HR/CN/869 of 23 April, the statement by Fédération des Associations pour la défence et la Pomotion des Droits de l'Homme should read as follows:
ANTONIA MACIAS, of the Fédération des Associations pour la défence et la Pomotion des Droits de l'Homme, said the Commission should give due attention to impunity. The group requested the Governments of Chile and Argentina to help in the search for Spanish citizens who had disappeared during the former dictatorial regimes in their respective countries. The group would also support the creation of an international criminal court independent of the Security Council to judge crimes against human rights.