DRAFTS ON RIGHT TO SELF-DETERMINATION, ACTIVITIES BY MERCENARIES, INDIGENOUS PEOPLE'S DECADE INTRODUCED IN THIRD COMMITTEE
Press Release
GA/SHC/3492
DRAFTS ON RIGHT TO SELF-DETERMINATION, ACTIVITIES BY MERCENARIES, INDIGENOUS PEOPLE'S DECADE INTRODUCED IN THIRD COMMITTEE
19981102 Review of Implementation of Vienna Conference Outcome ContinuesThe General Assembly would reaffirm that the universal realization of the right of all peoples to self-determination is a fundamental condition for the effective guarantee and observance of human rights, under the terms of one of four draft resolutions introduced this afternoon in the Third Committee (Social, Humanitarian and Cultural).
According to further terms of that text, which was introduced by Pakistan, the Assembly would also declare its firm opposition to acts of foreign military intervention, aggression and occupation, since those have resulted in the suppression of the right of peoples to self-determination and other human rights in certain parts of the world. It would call upon those States responsible to cease immediately their military intervention in and occupation of foreign countries and territories and all acts of repression, discrimination, exploitation and maltreatment.
The General Assembly would urge all States to take the necessary steps and to exercise the utmost vigilance against the menace posed by the activities of mercenaries, by the terms of another draft text, which was introduced by Cuba. States would also be urged to take necessary legislative measures to ensure that their territories and other territories under their control, as well as their nationals, were not used for the recruitment, assembly, financing, training and transit of mercenaries for the planning of activities designed to destabilize or overthrow the Government of any State.
By the terms of a draft resolution on the International Decade of the World's Indigenous People, introduced by Denmark, the Assembly would consider sponsoring one or more existing institutions of higher education in each region as centres of excellence, by conducting relevant studies. It would invite the Commission on Human Rights to recommend appropriate means of implementation.
Third Committee - 1a - Press Release GA/SHC/3492 31st Meeting (PM) 2 November 1998
A draft resolution on the United Nations Voluntary Fund for Indigenous Populations, also introduced by Denmark, proposed that the Assembly would decide that the Fund should also be used to assist representatives of indigenous communities and organizations to participate in the deliberations of the open-ended inter-sessional ad hoc working group of the Commission for Human Rights on that topic.
Also this afternoon, the Committee continued its special discussion of comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action, adopted at the 1993 World Conference on Human Rights.
There was still a deep rift between the promises of Vienna and today's reality, said the representative of the Russian Federation. It was necessary to consider human rights as a unifying, not a divisive factor in forming a multipolar world. Human rights should serve not only as legal norms, but also as a moral foundation of international relations.
The representative of Australia said conditions should not be placed by Governments on the observance of civil and political rights on the basis that greater prominence should be given to addressing economic development. Nor should political and civil rights be accorded less priority than economic, social or cultural rights. Australia's approach to promoting human rights internationally was based on a cooperative and practical model, which required funding as well as developing cooperation programmes.
The representative of Thailand said the surest path to full implementation of the Vienna Declaration began with genuine commitments from the principle actor, the State. But while Vienna had noted that the protection and promotion of human rights was the first responsibility of Governments, they could not always be counted on to take the lead in promoting human rights. Every individual, group or association in the society had a responsibility in the promotion and protection of human rights and fundamental freedoms. Only with democracy and human rights could human beings realize their true worth.
Statements were also made by the representative of Argentina and by the representative of the International Labour Organization.
The Committee will meet again at 10 a.m. tomorrow, 3 November, to continue its special discussion of comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action, adopted at the 1993 World Conference on Human Rights.
Committee Work Programme
The Third Committee (Social, Humanitarian and Cultural) met this afternoon to continue a special discussion of comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action, adopted at the 1993 World Conference on Human Rights. (For background information, see Press Release GA/SHC/3491 of 2 November.) It was also scheduled to hear the introduction of draft resolutions on the programme of activities of the International Decade of the World's Indigenous People and the rights of peoples to self-determination.
Drafts for Introduction
By the terms of a draft resolution on the International Decade of the World's Indigenous People (document A/C.3/53/L.19), the General Assembly would consider sponsoring, in each region, one or more existing institutions of higher education as centres of excellence, by conducting relevant studies. It would invite the Commission on Human Rights to recommend appropriate means of implementation.
The Assembly would request the United Nations High Commissioner for Human Rights, as coordinator for the International Decade of the World's Indigenous People, to continue to promote the objectives of the Decade; to organize the workshop for research and higher education institutions focusing on indigenous issues in education; to consider the dissemination of information on the situation, cultures, languages, rights and aspirations of indigenous people and the organization of projects, special events, exhibitions and other activities targeting the public; and to report to the Assembly on the implementation of the Decade's programme of the activities.
The Assembly would also urge Governments to participate actively in the ad hoc working group to elaborate and consider further proposals for the possible establishment of a permanent forum for indigenous people within the United Nations system.
Further, the Assembly would encourage Governments to support the Decade by preparing relevant programmes and reports; giving indigenous people greater responsibility for their own affairs and an effective voice in decisions that affect them; establishing national committees or other mechanisms involving indigenous people to ensure that the objectives and the activities of the Decade are planned and implemented on the basis of full partnership with the indigenous people; and by contributing to the United Nations Trust Fund for Indigenous Populations and the United Nations Voluntary Fund for Indigenous Populations.
In addition, the Assembly would invite United Nations financial and developmental institutions to give increased priority and resources to improving the conditions of indigenous people with particular emphasis on the
Third Committee - 3 - Press Release GA/SHC/3492 31st Meeting (PM) 2 November 1998
needs of those in developing countries; to launch special projects to strengthen their community-level initiatives and to facilitate the exchange of information and expertise among indigenous people and other relevant experts; and to designate focal points for coordination of activities related to the Decade with the Office of the High Commission for Human Rights.
The draft resolution is sponsored by Argentina, Australia, Bhutan, Bolivia, Bosnia and Herzegovina, Canada, Chile, Costa Rica, Cyprus, Denmark, Ecuador, Estonia, Fiji, Finland, France, Greece, Guatemala, Iceland, Mexico, Netherlands, New Zealand, Norway, Solomon Islands, Spain and Sweden.
Under the provisions of a draft resolution on the United Nations Voluntary Fund for Indigenous Populations (document A/C.3/53/L.20), the Assembly would decide that the Fund should also be used to assist representatives of indigenous communities and organizations to participate in the deliberations of the open-ended inter-sessional ad hoc working group of the Commission for Human Rights. It would request the Secretary-General to bring the present resolution to the attention of Member States and to invite them to consider contributing to the Fund.
The draft is sponsored by Australia, Bolivia, Bosnia and Herzegovina, Canada, Chile, Costa Rica, Cyprus, Denmark, Ecuador, Estonia, Finland, Greece, Guatemala, Iceland, Netherlands, New Zealand, Norway, Solomon Islands, Spain and Sweden.
By the terms of a draft text on the universal realization of the right of peoples to self-determination (document A/C.1/53/L.16), the General Assembly would reaffirm that the universalization of the right of all peoples, including those under colonial, foreign and alien domination, to self- determination is a fundamental condition for the effective guarantee and observance of human rights and for the preservation and promotion of such rights.
It would also declare its firm opposition to acts of foreign military intervention, aggression and occupation, since those have resulted in the suppression of the right of peoples to self-determination and other human rights in certain parts of the world; and it would call upon those States responsible to cease immediately their military intervention in and occupation of foreign countries and territories and all acts of repression, discrimination, exploitation and maltreatment.
By further terms of the text, the Assembly would deplore the plight of millions of refugees and displaced persons who have been uprooted as a result of those acts, and reaffirm their right to return to their homes voluntarily in safety and honour. The Assembly would also request the Commission on Human Rights to continue to give special attention to the violation of human rights, especially the right to self-determination, resulting from foreign military intervention, aggression or occupation.
Third Committee - 4 - Press Release GA/SHC/3492 31st Meeting (PM) 2 November 1998
The draft is sponsored by Bosnia and Herzegovina, Brunei Darussalam, Chile, Costa Rica, Iran, Iraq, Jordan, Mali, Mauritania, Morocco, Oman, Pakistan, Qatar and Saudi Arabia.
By the terms of a draft resolution on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination (document A/C.3/53/L.17), the Assembly would urge all States to take the necessary steps and exercise the utmost vigilance against the menace posed by the activities of mercenaries and to take necessary legislative measures to ensure that their territories and other territories under their control, as well as their nationals, are not used for the recruitment, assembly, financing, training and transit of mercenaries for the planning of activities designed to destabilize or overthrow the Government of any State, threaten the territorial integrity and political unity of sovereign States, promote secession, or fight the national liberation movements struggling against colonial or other forms of alien domination or occupation.
It would also call upon all States that have not yet done so to consider taking the necessary action to sign or to ratify the International Convention against the Recruitment, Use, Financing and Training of Mercenaries.
It would welcome the cooperation extended by those countries that have invited the Special Rapporteur of the Commission on Human Rights on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, and would urge all States to cooperate fully with him in the fulfilment of his mandate.
The Assembly would welcome the adoption by some States of national legislation that restricts the recruitment, assembly, financing, training and transit of mercenaries, and would invite States to investigate the possibility of mercenary involvement whenever criminal acts of a terrorist nature occur on their territories. Under further terms of the draft, the Secretary-General would be requested to invite Governments to make proposals towards a clearer definition of mercenaries.
The draft is sponsored by Algeria, Angola, Burundi, Costa Rica, Cuba, El Salvador, Ethiopia, Fiji, Iran, Iraq, Kenya, Liberia, Libya, Nigeria, Sudan, Swaziland and Togo.
Introduction of Draft Resolutions
ANNE CARLSEN (Denmark) introduced two draft resolutions under the programme of activities of the International Decade of the World's Indigenous People. The first resolution was on the International Decade of the World's Indigenous People. The second text was on the United Nations Voluntary Fund for Indigenous People). Brazil had joined as a co-sponsor of the latter text, she said.
Third Committee - 5 - Press Release GA/SHC/3492 31st Meeting (PM) 2 November 1998
MUNAWAR SAEED BHATTI (Pakistan) introduced the draft resolution on the rights of peoples to self-determination. He announced that the following States had joined as co-sponsors of the draft: Albania, Azerbaijan, Egypt, Kuwait, Libya, Malaysia, Singapore, Togo and the United Arab Emirates.
RODOLFO REYES RODRIGUEZ (Cuba) introduced the draft resolution on the use of mercenaries as a means of violating human rights and impeding the exercise of the rights of peoples to self-determination). He said the following countries had also joined as co-sponsors: Benin, Botswana, Egypt, Brunei Darussalam, Democratic People's Republic of Korea, Eritrea and Niger.
Statements on Review of Implementation of Vienna Outcome
LEANNE KERR (Australia) said new life had been given to the message of the Universal Declaration of Human Rights with the adoption of the Vienna Declaration and Programme of Action. But it was the power of the Declaration that had inspired 181 States to adopt that document. Thus, if the Universal Declaration was the foundation on which the United Nations human rights goals were built, then the Vienna Declaration and Programme of Action charted the course for the next century to achieve those goals. Also, the Vienna outcome made another important contribution to the efforts to achieve "all human rights for all" -- and that was through its unambiguous articulation of the universality, indivisibility and interdependence of all human rights: civil and political as well as economic, social and cultural rights.
Australia's human rights policy was based on those fundamental tenets of universality, indivisibility, independence and inter-relatedness of all human rights, she said. Her Government had consistently rejected the idea that there was a hierarchy or priority with respect to those rights embodied in the Universal Declaration. It had also rejected the view that conditions could be placed by Governments on the observance of civil and political rights, on the basis that greater prominence should be given to addressing economic development problems. Similarly, political and civil rights should not be accorded less priority than, or waived in favour of, economic, social or cultural rights.
Her Government had prepared a national action plan, as a blueprint for the future, as well as a valuable check and balance list for Governments, which had been updated several times, she said. It called on all States to do the same. Australia's approach to promoting human rights internationally was based on a cooperative and practical model, which was based on providing funding through its development cooperation programmes to promote and support institution-building.
ASDA JAYANAMA (Thailand) said there was little doubt that if the recommendations of the Vienna Declaration and Programme of Action were followed religiously by all States, the world would be free of discrimination, persecution and other forms of human rights violations. But the road towards
Third Committee - 6 - Press Release GA/SHC/3492 31st Meeting (PM) 2 November 1998
full implementation was not strewn with roses. The surest path began with genuine commitments from the principle actor, the State. Democracy had not been handed to Thailand on a silver platter, but was won with blood and tears.
Because of that struggle, he went on, there was a broad-based and deep- rooted commitment in Thai society to the ideals of democracy and human rights. While the Vienna Declaration and Programme of Action noted that the protection and promotion of human rights was the first responsibility of governments, they could not always be counted on to take the lead in promoting human rights. Every individual, group or association in society had a responsibility to play an active role in the promotion and protection of human rights and fundamental freedoms.
Only with democracy and human rights could human beings realize their true worth, he said. Thailand's new Constitution, promulgated last year, was the most democratic in Thai history, in both content and process. A national framework for human rights was being constructed, and a number of new domestic human rights mechanisms were being established. At the international level, also, Thailand's efforts to promote and protect human rights within the United Nations framework were broad-ranging. It had ratified and acceded to nearly all major human rights instruments as well as incorporated them into its Constitution and legislation. Thailand was doing that out of conviction, not because human rights were in vogue.
ALEKSANDR ZMEEVSKY (Russian Federation), citing the efforts since Vienna, said there had been many accessions to treaties, a strengthening of national capacities, a broadening of international consensus, an activation of activities related to the position of women, increased attention to the position of children, an increased role of non-governmental organizations, and the appointment of a United Nations High Commissioner for Human Rights. Despite significant changes, five years after Vienna, there was still a deep rift between promises and the reality of life of people everywhere. The international community and the Organization had not succeeded in utilizing the full potential of Vienna. He called for universal ratification of conventions to overcome poverty, eliminate discrimination against women, protect children from sexual exploitation and armed conflict, eliminate repression of minorities, and the use of mercenaries which undermined the right to self-determination.
How were those challenges to be dealt with? he asked. First, it was necessary to consider human rights as a unifying, not divisive, factor in forming a multipolar world. Human rights today served as legal norms but also as a moral foundation for international relations. There was a need for an integrating factor to create a basis for dialogue among States. Further, there was a need to formulate a general culture of human rights. The universality of human rights should also be strengthened. The United Nations High Commissioner had been called upon to play an important role in that regard.
Third Committee - 7 - Press Release GA/SHC/3492 31st Meeting (PM) 2 November 1998
He added that States should be encouraged to join and implement all treaties on human rights, and be encouraged to take steps to implement national plans for human rights. There was a need for preventing and monitoring mechanisms, and those mechanisms must not be politicized. The indictment of the guilty was important. Moreover, the efforts of control bodies in protecting basic human rights must supplement and not duplicate one another. Ways should be found to enhance the practical spin-off from granting technical assistance.
FRANKLYN LISK, of the International Labour Organization (ILO), said his organization had achieved progress in implementation of the Vienna outcome from two standpoints: strengthening of international mechanisms for the universal protection, promotion and implementation of human rights; and in increased cooperation and coordination within the United Nations system.
The recent adoption of the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-Up by the International Labour Conference in June reinforced the principle of universality of human rights, he said. The fundamental principles set out in the Declaration included freedom of association and the effective recognition of the right to collective bargaining and the elimination of all forms of forced or compulsory labour. The follow-up to the Declaration was perhaps of greater importance than the actual Declaration: that would include an annual review of countries that had not ratified conventions related to those fundamental rights, and a global report which would provide an overview of the progress made in the preceding four-year period.
The ILO advocated and pursued close cooperation with the United Nations system, he said, including the Bretton Woods institutions, in the promotion and defence of human rights and the right to development. In recognition of the ILO's mandate to improve economic and social conditions around the world, there was now an increasing awareness that a more favourable environment for human rights and human development was essential for a fuller realization of employment and broader economic objectives of development.
FERNANDO PETRELLA (Argentina) said the Declaration and the Programme of Action had established the indivisibility and interdependence of all human rights. Those stipulated the linking of development, democracy and the respect of fundamental rights and freedoms. In the five years since Vienna, his Government had re-established the functioning of democratic institutions. In 1994, there had been a constitutional reform for the legal status of human rights, and 11 universal treaties had received constitutional ranking. Thus, in Argentina, the standard of international laws enjoyed a higher status than national laws. There were laws to protect and promote the rights of ethnic communities, and measures aimed at implementing a compensation mechanism for ethnic minorities. In 1998, 650 million dollars had been paid to more than 10,000 people who had been affected; a total of 3 billion dollars had been
Third Committee - 8 - Press Release GA/SHC/3492 31st Meeting (PM) 2 November 1998
expended to that end. Those actions reflected the concern and commitment of his Government as well as the functioning of courts.
National and provincial institutions for human rights had also been established, he said. Internationally, his Government regularly prepared reports on the situation in his country, to comply with international recommendations. The goals and the reality were stages in a constant path toward achieving human dignity. His Government supported the statement of the High Commissioner for Human Rights, in particular her emphasis in relation to development, peace and security.
He noted that in spite of all the efforts, there had been two genocides, an increase in hunger, an increase in refugees, and in the gap between those without the basic needs and others. Good governance was needed to eliminate that gap, which was a major challenge to human rights. As a result of their functioning and budgets, the question arose as to who should make the commitment to cooperate with Governments to help the most needy. The effects of the global economy had been discussed, but how that affected the right to development and what measures should be implemented to that end needed to be taken up. He called for the strengthening of universality, which had been enshrined at Vienna. All actors should respond to the principle that human rights occupied a position superior to other rights.
* *** *