PRESS BRIEFING BY HIGH COMMISSIONER FOR HUMAN RIGHTS

Press Briefing

PRESS BRIEFING BY HIGH COMMISSIONER FOR HUMAN RIGHTS

At a Headquarters press briefing this afternoon, United Nations High Commissioner for Human Rights Mary Robinson said that the Government of China had committed to a process of realization of human rights. During her recent official visit to China, she had discussed "tough issues" at the highest level of government, and had been struck by the commitment of the Government to the concept of universality of human rights.

At the end of her first year as High Commissioner, she said she was beginning a second round of visits. Also, as her second General Assembly session as High Commissioner opened, she had had the opportunity to discuss human rights issues at high-level meetings with many of the participants.

She said the key issues in human rights in the current General Assembly session would be: preparations for the five-year review of the Vienna Declaration and Programme of Action of the 1993 World Conference on Human rights; the marking on 10 December of the fiftieth anniversary of the Universal Declaration of Human Rights; and the adoption of the Human Rights Defenders resolution. She hoped that resolution would be adopted during the special session that would be held on 10 December.

She brought correspondents' attention to documentation that had been prepared describing her 10-day visit to China, which took place from 7 to 15 September. It covered the meetings that she had had, some of the statements that were delivered and the aide-mémoire that had been prepared for her, so that she would raise issues of individual cases, of reform of law and of criticism by the human rights mechanisms and treaty bodies. One of the roles of the High Commissioner was to reinforce all the other ways in which human rights problems were addressed at the international level. She said she had used the aide-mémoire during meetings in Beijing and Tibet.

She said she had met with Vice-Premier Qian Qichen and with President Jiang Zemin in Beijing, meetings that were symbolic of the importance the Chinese placed on the visit. The Chinese saw the visit as part of a process that had been set in train, a view that was confirmed by the signing of a Memorandum of Intent, and by practical commitments on both sides.

[According to documentation provided by the High Commissioner, under the terms of the Memorandum of Intent on the Mutual Agreement to Cooperate in the Development and Implementation of Technical Cooperation Programmes, the Chinese Government committed to realization of economic, social, cultural and political rights as well as the right to development. The Office of the High Commissioner for Human Rights would assist and cooperate with China in technical cooperation programmes in the field of human rights.]

A correspondent said that, although the trip to China had in some ways been successful, in some other ways it had been a failure. There were human rights areas that had not been covered, in particular the issue of the arrests of dissidents. How would the High Commissioner respond to such criticisms? he asked. Mrs. Robinson said her visit, which had been planned for some time in advance, had a particular focus and way of measuring success. For that reason, it had been successful in achieving a number of measurable goals.

However, she added, there were issues concerning the harsh treatment of dissidents that had not been addressed. She had been aware in advance of the visit that those issues could not be addressed satisfactorily in a country of the size and scale of China, particularly in the context of the first visit in a process. She had tried to ensure that issues brought to her attention would be passed on to the relevant working group, Special Rapporteur, or treaty body for immediate examination. That may sound slow, but that was the way it was done at the international level.

It was impossible to be in China and not be aware that there were outstanding human rights issues, she said. It was, therefore, important to have an engaged process, with a commitment on both sides. Her entire delegation had been struck by the commitment on the Chinese side. She had had meetings at the highest level in China and had raised tough issues, including issues relating to Tiananmen Square and the Dalai Lama. China had also made a commitment to review the cases listed on her aide memoire.

How would the High Commissioner respond to allegations that the human rights situation in Hong Kong had deteriorated after the transfer to China? a correspondent asked. Mrs. Robinson replied that it was important that China had accepted reporting obligations under the covenants for Hong Kong and that it was engaged in that process. That provided an opportunity for the Committee on Human Rights and the Committee on Economic, Social and Cultural Rights to examine in detail the situation in Hong Kong and to receive a response.

Her office was closely following changes in the law, and was pushing for a review of legislation in China, she continued. That was in the context of China's having signed and being in the process of ratifying the International Covenant on Economic, Social and Cultural Rights and planning to sign the International Covenant on Civil and Political Rights. She had emphasized in a very public way that words and signing papers were not sufficient; it was necessary to have practical implementation through changes.

A correspondent asked whether Mrs. Robinson had discussed the inherent incompatibility between Western democracy and Confucianism, which was at the root of the human rights conflict. She replied that there were a number of discussions that had touched on that kind of issue. She had been struck by the Chinese openness to the fact that there were problems which needed to be addressed. In her discussions with high level officials there had been a

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clear understanding that the signing of the two covenants would have implications for the administration of justice.

It would be a difficult process of instilling a sense of a culture of human rights, she continued. For example, there were approximately 100,000 lawyers for a population of 1.2 billion. To have fair trial rights in the full sense or access to a judicial remedy for false arrest, or to have full freedom of expression would take a substantial commitment. One of the themes that came through very strongly during her visit was that China supported the universality of human rights.

A correspondent said that in the Commission on Human Rights, the international community had tried and failed to assign a Special Rapporteur to China. In undertaking that effort, was her office repeating the work of the Commission? Mrs. Robinson said that during the last Commission session there had been some concern about the lack of a resolution on China, but that did not mean the human rights situation would be ignored. "I have only one agenda. I am not trying to do commercial deals on the side, or engage in the opening up of markets in China", she said.

During the High Commissioner's meeting with the Permanent Representative of Cuba, had she been invited to travel to that country and, if so, when? a correspondent asked. She said she had learned that not only had there been an invitation to visit Cuba issued to the thematic Special Rapporteur on violence against women, but that Cuba was also planning to invite other rapporteurs as well. She encouraged that process and had had some discussion with the Permanent Representative on issues of human rights. No specific question of a visit by her had come up.

The correspondent asked why Cuba would allow visits of rapporteurs at this moment. The High Commissioner replied that Cuba's approach was probably that it was complying with its commitments as a supporter of the human rights mechanisms. The thematic Special Rapporteurs, appointed by the Commission on Human Rights, visited many countries and Cuba seemed to be signalling that it would work through the existing channels.

What concrete action would be taken to deal with the genocide in the former Yugoslavia, notably in Bosnia and Herzegovina and Kosovo? a correspondent asked. Mrs. Robinson replied that she was very worried about the situation in that region, in particular Kosovo. There were field operations in Kosovo, and in talks this morning with the Foreign Minister of the Federal Republic of Yugoslavia, she had urged the conclusion of a Memorandum of Understanding that was being negotiated. The Memorandum of Understanding would allow an increase in human rights monitors there and the Foreign Minister had agreed that it should be concluded.

The situation in Kosovo was absolutely unacceptable, she continued. In his speech to the Commission on Human Rights in March, Secretary-General

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Kofi Annan had talked about needing to enter the age of prevention of conflicts. During the last year, the situation in Kosovo had deteriorated. It was important to have human rights monitors and observers on the ground, but the situation needed resolution at the political level.

Was she planning to visit Kosovo? a correspondent asked. She had discussed that with the Foreign Minister of the Federal Republic of Yugoslavia this morning, she said. The Special Rapporteur on the former Yugoslavia had just concluded a visit, which was very important, and she was waiting for feedback on it. She had indicated that she would like to visit the region next year.

The correspondent asked whether Mrs. Robinson had received any pledge from the Foreign Minister that the killing of civilians would stop. The High Commissioner replied that there were two dimensions to the issue. First, the political inter-governmental dimension that was currently before the Security Council, the Contact Group, and other fora. Second, the operational and human rights dimension. She had focused on the second dimension, which she hoped to advance.

A correspondent asked how many monitors were in Kosovo, and how many more would be put in place. The number at the moment was very small, said Mrs. Robinson. There were only three, and not all were there at the same time. She wanted ten, in groups of two, and a small office on the ground.

A correspondent asked whether she was considering a trip to Mexico to visit Chiapas. Mrs. Robinson said that during a brief conversation with the Mexican Foreign Minister yesterday, she had once again expressed her concern about the situation in the Chiapas region. She had referred to the fact that flooding had worsened a situation that was already bad. The Foreign Minister had suggested that Mrs. Robinson visit the area, and she had responded that she would consider such a visit. A visit to Chiapas would have to be very well prepared, and would have to be linked with the human rights rapporteurs.

Was such a visit likely to take place this year? a correspondent asked. She did not envision it happening this year, she replied. She had many other commitments and there was not enough time for the tough preparations that would be required. She had discussed the situation with the Secretary-General, who was also very concerned about it.

A correspondent asked for an update on the human rights situation in Nigeria since the upheaval there. Mrs. Robinson said it was good news that the Special Rapporteur on Nigeria was planning a visit there in November. Other links were also opening up. There were very close links with a number of non-governmental organizations. One of the strengths of Nigeria was that throughout its difficult times it had maintained a very good grass roots non-governmental organization human rights movement, which she wanted to support.

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What was her assessment of the human rights situation in Indonesia since the change of government? a correspondent asked. Mrs. Robinson said the whole situation in Indonesia was very difficult, because of the economic situation. A Memorandum of Understanding, which enabled the basing of a human rights resource person in Jakarta, had been signed. That person would have rights to Indonesia and East Timor and she was anxious to move ahead on that quickly. Yesterday, she had briefly discussed the situation with the Foreign Minister of Indonesia and had found a serious change in terms of recognizing the importance of human rights in the overall crisis situation. The Government had adopted a national plan for human rights and wanted to address the complexity of the situation.

A correspondent asked Mrs. Robinson to report on any outcome of a meeting she was scheduled to have later in the day with the Prime Minister of Myanmar, in particular on Aung San Suu Kyi. The High Commissioner said that was certainly an issue that would come up.

What was her office doing to alleviate the human rights situation in Kashmir, a correspondent asked. The situation in Kashmir was a political, as well as a human rights situation, she replied. If there were a different political situation, her office could do more in a human rights sense. However, they were not in a position to do so because of the overall political context.

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