REPORTS ON HUMAN RIGHTS SITUATION IN MYANMAR, NIGERIA AND HAITI INTRODUCED IN THIRD COMMITTEE
Press Release
GA/SHC/3496
REPORTS ON HUMAN RIGHTS SITUATION IN MYANMAR, NIGERIA AND HAITI INTRODUCED IN THIRD COMMITTEE
19981104 The Third Committee (Social, Humanitarian and Cultural) heard and responded to the introduction of reports on the human rights situation in Myanmar, Nigeria and Haiti, and on extrajudicial, summary or arbitrary executions this afternoon as it continued its discussion of human rights questions including the reports of the Special Rapporteurs.Rajsoomer Lallah, Special Rapporteur of the Commission on Human Rights on the situation of human rights in Myanmar, said the regime had gone back on its commitments and had created a number of obstacles to thwart the freely expressed will of the people. Among those obstacles had been the creation, in 1993, of a national convention made up of hand-picked delegates, leading to the marginalization and eventual expulsion of the political party that had won the elections.
Soli Jehangir Sorabjee, Special Rapporteur on the situation of human rights in Nigeria, said that following the sudden death on 8 June of the Nigerian head of State, there had been several far-reaching developments and a qualitative change for the better in the political atmosphere of that country. Several political prisoners had been released, and the constraints on organized labour and professional associations had been relieved.
Adama Dieng, independent expert on the situation on human rights in Haiti, said the people of Haiti were tired, thirsty for justice, and wished to take their destiny into their own hands. It was necessary to move past the governmental crisis that had caused the breakdown of the State apparatus and led to the violation of human rights. The question of immunity of violators of human rights and reparations for victims was still at the centre of the debate in Haiti.
Asthma Jahangir, Special Rapporteur on extrajudicial, summary or arbitrary executions, said there had been a steady stream of complaints, and appeals for help had been made. Often, belief, colour, ethnicity, political opinion, gender or sexual orientation were the factors behind the violence. Even where the perpetrators of violence were non-State actors, the blame in large part must lie with governments.
Third Committee - 1a - Press Release GA/SHC/3496 34th Meeting (PM) 4 November 1998
Also this afternoon there was a dialogue with Roberto Garreton, Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo, who had presented his report to the Committee this morning. The representative of that country said the Special Rapporteur's main function was to relay violations of human rights, but it was also his duty to improve human rights in the countries of his mandate. Since 1994, the Rapporteur had only had conflictual relations with the Democratic Republic of Congo.
During this afternoon's discussion, comments on the reports were also made and questions posed by the representatives of Austria, United States, Rwanda, Zimbabwe, Uganda, Myanmar, Nigeria, Haiti, Belgium, Turkey and Colombia.
The Third Committee will meet again at 10 a.m. tomorrow, 5 November, to continue its discussion of human rights matters.
Committee Work Programme
The Third Committee (Social, Humanitarian and Cultural) met this afternoon to continue consideration of alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, and human rights situations and reports of special rapporteurs and representatives. The Committee is also considering the report of the United Nations High Commissioner for Human Rights. (For background information on the more than 20 reports before the Committee, see Press Release GA/SHC/3494 issued today.)
Human Rights in Democratic Republic of Congo
The representative of Austria asked the Special Rapporteur on human rights in the Democratic Republic of the Congo how he could submit a report without visiting the countries. What steps were necessary to pave the way for democracy? What was the current status of that process? Also, he asked if and how the creation of a ministry of human rights had affected the situation in the country, what were the possible contacts between the Special Rapporteur and persons in that ministry? What were the main problems of the country's draft constitution, and could a broad public debate on the contents solve that problem, he asked.
The representative of the United States said he shared the dismay at the contents of the report. What further steps could the United Nations take with regard to the Democratic Republic of the Congo's refusal to cooperate? In that vein, could the mandate of the International Criminal Tribune of Rwanda be expanded to include the Democratic Republic of Congo, he asked. The Organization of African Unity (OAU) had appointed an eminent panel. What was its relation to the Special Rapporteur? Finally, what sanctions had been imposed against the Democratic Republic of the Congo for its wholesale refusal to conform to norms on human rights?
ANDRE MWAMBA KAPANGA (Democratic Republic of the Congo) said he would make a reply tomorrow to the Committee and he would respond to the questions raised by Austria and the United States. They could expect an exhaustive reply. He said the report had made gratuitous allegations. The Special Rapporteur's main function was to relay violation of human rights, but his duty was also to improve human rights in the countries of his mandate. In his case, since 1994, the Rapporteur had only had conflictual relations with the Democratic Republic of Congo. During the last session of the Commission on Human Rights in Geneva, his Government had requested appointment of another rapporteur as his country wanted the benefit of international expertise.
While the Special Rapporteur had said his Government had not responded to special requests, he questioned whether the Special Rapporteur had not known the number of communications, most of which had been published. With regard to the right to association and other freedoms, he asked the precise number of political detainees in the Democratic Republic of the Congo. The
Third Committee - 3 - Press Release GA/SHC/3496 34th Meeting (PM) 4 November 1998
Special Rapporteur had drafted the report in 12 days, without consulting the Government, and had drawn versions of fact. What value could be given to that report? he asked.
The representative of Rwanda responded to parts of the report regarding Rwanda. He asked for clarifications on what the Special Rapporteur had based his findings and conclusions. The report had indicated gross violations of human rights, calling people in front of television to finish sections of their own society, including some on the part of the President.
The representative of Zimbabwe said at the outset, the involvement of his country in the Congo emanated from the inherent right to individual or collective self-defence. Since his country had received an invitation to fend off Rwanda and Uganda, which threatened the integrity of the Democratic Republic of the Congo, Zimbabwe's intervention could not be put on par with the military intervention of Rwanda and Uganda.
His Government was a signatory to Geneva Conventions and had fully subscribed to the international humanitarian law and international standards set by them, he said. In discharge of duties, his country's troops had adhered to rules of engagement recognized by international law. Contrary to the Rapporteur's findings, his country's troops had used only military personnel, not civilians. It had provided civilians basic necessities and the International Committee of the Red Cross (ICRC) had had unlimited access to the prisoners of war. The Special Rapporteur had made unsubstantial allegations, for example, that they had indiscriminately shelled civilians. That information had been received from unknown sources. His troops had only engaged the invading forces when they launched attack to capture Kinshasha.
He asked what the international community could do to bring to book, those who had perpetrated massacre in Hutu refugee camps in eastern Congo, to avenge the genocide in Rwanda. Also, he asked how the 1994 genocide could be used to justify the elimination of large populations of unarmed civilians in refugee camps.
The representative of Uganda said the Special Rapporteur had said his country had openly backed the rebels. That was not correct. Uganda was in the Democratic Republic of the Congo not to back rebels, but for its own reasons. It would mention that mission in due time.
ROBERTO GARRETON, Special Rapporteur on Human Rights in the Democratic Republic of the Congo, said he had not yet had an opportunity to visit the country. Nevertheless, he and representatives of the Office of High Commissioner of Human Rights had been in contact with the Government in Kinshasa. Unfortunately, he had only received information for his report from non-governmental sources.
Third Committee - 4 - Press Release GA/SHC/3496 34th Meeting (PM) 4 November 1998
Regarding the constitutional problem, he said that unfortunately the people of the Congo had lived with constitutions imposed upon them by one sector of the population. That situation should be changed. The constitution should be a common effort. There should be an appeal to all social sectors and ethnic groups of the Congo. All that was needed was the will to do so.
With regard to prison reforms, he said prison conditions were deplorable. If the Ministry of Justice took the right track, he would receive the full support of the Special Rapporteur. On the creation of a ministry for human rights, that was an excellent idea, and he was looking forward to seeing concrete results.
Responding to a question raised by the representative of the United States, he said he was not able to say what steps should be taken against a Government that refused to submit its reports. It was the Security Council that should adopt the necessary measures, and not the Special Rapporteur.
Those who had died in the Congo were as important as those who had died in other parts of the world, he said. There should be an international criminal tribunal for crimes that had taken place in the Congo. The Rapporteur had a very small support team and had a large mandate. It had not been easy to gather all the information.
He thanked the Ambassador of the Democratic Republic of the Congo for his criticism and the gentlemanly way in which he had expressed it. He hoped that would begin a new era of cooperation. How could he do his work if he was not invited into the country? he asked. He said he had preferred not to give a lot of figures, but there was an annex listing political prisoners. It was true that many had subsequently been released, but they had been imprisoned during the period covered by the report.
Certain people of the Tutsi tribe had also been imprisoned, he said. That was explained by saying they had been deprived of their freedom for protective reasons. It was true that in the Congo there were deep feelings against the Tutsi who were involved in the rebellion. He was pleased if they were really being protected, if that was the case. But, one could not protect human rights in that way, and an alternative would have to be found.
The representative of Rwanda had asked about sources, he said. In Annex I of his report there was a list of sources. He had not invented any of the information. Regarding the conflict, there were foreign forces involved, but it was an internal conflict with international participation. The Government of Rwanda had said it had submitted its report before October 15, but that was a letter and had not met the requirements of a report.
He said there should be an international criminal court for the Congo or else the jurisdiction of the Rwanda Tribunal should be extended. There should be no impunity for those who had committed atrocities.
Third Committee - 5 - Press Release GA/SHC/3496 34th Meeting (PM) 4 November 1998
RAJSOOMER LALLAH, Special Rapporteur of the Commission on Human Rights on the situation of human rights in Myanmar, said he had analyzed how the regime went back on its commitment and created a number of obstacles to thwart the freely expressed will of the people. Among those obstacles was the creation in 1993 of a national convention constituted of handpicked delegates leading to the marginalization and eventual expulsion of the political party that had won the elections. Six years after the establishment of that mandate by the Commission on Human Rights, he had, like his predecessor, reported that serious violations of human rights continued to take place in Myanmar.
Given the lack of meaningful measures to re-establish a democratic order, the opposition had, this year, sought to intensify its legitimate activities, he continued. There had been increasing intensification of repression against it in the last few months. More than 800 members of the National League for Democracy (NLD) had been arrested or detained, while NLD leader Daw Aung San Suu Kyi had been subjected to continuous restrictions on her movement and repeated harassment.
The Government continued to forcibly displace persons of non-Burmese origins, he said. Hundreds of thousands of persons had been forcibly relocated. They had two choices -- flee to neighbouring countries or move to military relocation camps. They were neither compensated for the loss of their property nor able to appeal against the displacement orders. There was a fundamental discriminatory programme of relocation, which violated a host of human rights obligations, including the right to physical integrity, freedom of movement and the rights to privacy and property.
His conclusions and recommendations, made over the last three years, were shared by the recent Commission of Inquiry established by the International Labour Organization (ILO). The Commission had concluded that there was abundant evidence showing the authorities and the military had imposed forced labour on the civilian population throughout Myanmar for portering, construction, maintenance and servicing of military camps, and other work in support of the military. Punishments, such as physical abuse, beatings, torture, rape and murder were meted out when anyone did not submit to the demand for forced labour.
Dialogue
PE THEIN TIN (Myanmar) said that even before the adoption of the resolution on human rights in Myanmar, his Government had declared that resolution a blatant attempt to interfere in internal affairs. His Government held the same position regarding the appointment of the Special Rapporteur. In the spirit of cooperating with the United Nations, the previous Special Rapporteur had been allowed five visits to Myanmar during which time he met the highest authorities, students, ethnic nationalities and leaders of political parties. Despite acknowledging positive changes in the country, his report had failed to reflect anything positive.
Third Committee - 6 - Press Release GA/SHC/3496 34th Meeting (PM) 4 November 1998
The current report by the succeeding Special Rapporteur was no different from that of his predecessor. According to his report, the violations included violence and bloodbaths, arbitrary and summary executions, involuntary disappearances and tortures in detention. All those allegations were false. The Myanmar armed forces was a disciplined and organized institution on which the people depended. The implication that those forces were committing human rights violations was an insult to the whole nation. The Special Rapporteur's report was totally biased.
The representative of Austria asked how the international community could encourage a meaningful dialogue between the authorities of Myanmar and the National League for Democracy. He also asked what the international community could do to ensure that Myanmar reacted to the international Commission of Inquiry of the ILO and to put an end to forced labour. As for refugees fleeing to neighbouring countries, he asked what role the United Nations High Commissioner for Refugees could play, particularly with regard to the negative effects such refugee flows had on neighbouring countries.
The representative of the United States asked what the international community could do to advance dialogue with the Government of Myanmar. The second issue was that a National League for Democracy deputy had reportedly died while being detained by the authorities. Was there any information on the circumstances of his death? Were there mechanisms of the human rights machinery that could be called into play?
Mr. LALLAH, the Special Rapporteur, said he would not respond to the accusations of partisanship by the delegation of Myanmar. Much of his statement had been confirmed by the recent mission of enquiry by the ILO. He thought it was a little presumptuous to tell the international community what should be done. Nonetheless, in order to increase dialogue with Myanmar, the international community should stress that human rights was not simply an internal matter. Rather, it was something that should be addressed under the Charter of the United Nations. It should also be stressed that there was a moral imperative. The people of Myanmar had expressed their will.
Beyond that, he said, there was nothing in particular to suggest, except to encourage dialogue with the Government. It was also important for the people to know that the international community cared. On the question of refugees, UNHCR had a role to play, and the people needed the unreserved support of the international community. Concerning the death in prison of the elected representative of the National League for Democracy, he said he had not had the chance to investigate the event. However, he would do so and would report to the Commission on Human Rights in March/April.
Report by Special Rapporteur on Nigeria
SOLI JEHANGIR SORABJEE, Special Rapporteur of the Commission of Human Rights on the situation of human rights in Nigeria, said he had been unable to
Third Committee - 7 - Press Release GA/SHC/3496 34th Meeting (PM) 4 November 1998
visit Nigeria to compile his report as he had not had the approval of the Nigerian authorities for such a visit. Subsequently, on 16 September 1998, he had received an invitation to visit Nigeria and would be visiting in the third week of November. He had been told there would be no restrictions on his travels and on the people with whom he would meet.
Following the sudden death on 8 June of the Nigerian head of State, there had been several far-reaching developments and there had been a qualitative change for the better in the political atmosphere, he said. Several political prisoners had been released and the constraints on organized labour and professional associations had been relieved. However, the rule of law had still not been established in Nigeria. The independence and authority of the judiciary were undermined by clauses in executive decrees that ousted the jurisdiction of the courts. The right to liberty and security of the person were not sufficiently protected.
It was heartening that the National Human Rights Commission had continued to undertake activities to promote and protect human rights despite its limited resources, he said. He was happy to witness the process of transition to a civilian government and restoration of democracy. Certain meaningful steps needed to be taken for the realization of Nigeria's commitment to human rights. He hoped that the present momentum in Nigeria would be maintained and, in due course, the restrictive decrees mentioned in the report would be repealed and no person would be held in detention indefinitely without trial.
GABRIEL SAM AKUNWAFOR (Nigeria) said when he had first seen the report, his initial reaction had been of disappointment, given the tremendous and far-reaching developments in the country in the pursuit of human rights since June. He thanked the Special Rapporteur for his positive statement made in introducing the report. The progress made so far had been recognized and welcomed by the international community. He was looking forward to the full report after the Special Rapporteur's forthcoming visit to Nigeria. All doors would be open to him.
Where had the Special Rapporteur obtained his figures about 12 million children working in Nigeria? he asked. Nigeria had a serious problem of unemployment and could not have that many children working. Regarding the customary practices against women, Nigeria was sponsoring a resolution on that subject. Further, in May, the Nigerian Government had passed a national policy and plan of action on female genital mutilation. He hoped that the Special Rapporteur would update his records on that issue. It would take time, but Nigeria was already on the way towards eliminating that practice. In that regard, the report had been based on hearsay. He hoped the forthcoming visit would show that progress had been made. He called upon the Special Rapporteur to approach his assignment with an open mind.
Third Committee - 8 - Press Release GA/SHC/3496 34th Meeting (PM) 4 November 1998
He added that he was happy that the United Nations was helping to give Nigeria a new start. The international community was invited to attend the elections in Nigeria, to see how they were being organized.
The representative of Austria said that, with regard to the preparations for elections -- which were a core element in establishing democracy, human rights and the rule of law -- the European Union was fully committed to that process. The Union was interested in the opinion of the Special Rapporteur on how the international community could contribute. With regard to the Human Rights Commission in Nigeria, the Special Rapporteur had said the Commission should be strengthened. How should that be done and what role should the Commission have in the society? he asked.
Mr. SORABJEE, the Special Rapporteur, said he was pleased that the representative of Nigeria had, in the main, found the report to his liking. The figures on female genital mutilation had come from the Committee on the Rights of the Child. When he was visiting Nigeria, he would make sure that his visit was balanced. He wanted to meet with everyone and would report to the General Assembly.
On the National Human Rights Commission, he said that the appointment of the Chairmen and members of the Commission should be made by the Supreme Court of Nigeria. Most importantly, the recommendations of the Commission should be binding on the Government. That would make the Commission more credible.
Report on Haiti
ADAMA DIENG, the independent expert on the situation of human rights in Haiti, said he would like to pay tribute to the people of Haiti. They were tired, thirsty for justice and wished to take their destiny into their own hands. The situation on the ground in Haiti was bound to have effects on the human rights situation. The breakdown of the State apparatus had prevented access to education and health care. There was violence against women and police violations of human rights, along with an alarming increase in the number of street children. The question of immunity for violators of human rights and reparations for victims was still at the centre of debate in Haiti.
The presence of the United Nations police force in Haiti was essential, he said. Any withdrawal of that force would be a major threat to the security of the society. The greatest challenge was the establishment of a modern justice system that was accessible to all. Reform would succeed only on two conditions: it must be purely Haitian; and it must encompass all parts of Haitian society. The majority of the population was deprived of legal services and action was needed urgently. The price of peace, democracy and development was the building of a justice system for all.
He urgently invited the international community to give greater attention and interest to the issue of reparations. The international
Third Committee - 9 - Press Release GA/SHC/3496 34th Meeting (PM) 4 November 1998
community did not want to hear talk of victims, but it should take notice of their plight. Today, the Haitian justice system was still ineffective.
ANTONIO RODRIGUE (Haiti) expressed appreciation for the independent expert's comments that human rights had improved despite difficulties in the country, as well as for his note that the unfavourable socio-cultural factors had delayed aspects of implementation. Haiti would continue its efforts to that end.
The representative of Austria, regarding detainees and the particularly large number of young detainees, asked what proportion of detainees were under the protection of the control office mentioned in the report. As to fighting impunity and particularly the massacres, what measures had the authorities taken? What about corruption of the police? Lastly, what empowerment programmes were in place for women of Haiti?
The representative of the United States said his Government could offer to make the entire set of documents available to Haiti. Having heard the independent expert, the United States could, if requested, release the names, if that was necessary to the judicial process. Could the independent expert suggest how the international community could influence the lax treatment by the judiciary in cases of police corruption? Also, he asked how to eliminate the problem of impunity in such cases.
Mr. DIENG, the independent expert on Haiti, said the office had been set up only a few months ago. For the time being, it had only covered delinquent minors. It was waiting for procedures -- that process should be conducted with rules laid down on civil and political rights of article 14. He hoped the community would be in a position to record the swift evolution next month when he could present more gratifying news. With regard to police corruption, there was a high level of frustration. He asked if the police force could carry out its mission effectively.
Regarding the question from the United States, he said it might be possible to consider giving outside support to address police corruption. Perhaps jurists could be invited to look at illegal actions by police officers and at ill-treatment by police officers. Regarding women, there was a degree of empowerment, but there was a shortage of resources for social action and programmes for women. He said the Rapporteur on violence against women might discuss that with NGOs and associated ministries.
With regard to the documents seized, the United States position had been conveyed. Those documents were important. If they contained names of United States citizens, and if the divulging of names violated privacy law, the fight against such violators of human rights had to be taken up. It was regretted that some well-known suspects were free. He suggested the United States could contribute by, in particular, reinforcing its efforts against the spread of drugs which would destroy the Haitian population.
Third Committee - 10 - Press Release GA/SHC/3496 34th Meeting (PM) 4 November 1998
Extrajudicial, Summary or Arbitrary Execution
ASTHMA JAHANGIR, Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, said a steady stream of complaints and appeals for help had been made. More than 450 individual complaints about violations of the right to life had been received. There was a disturbing trend toward use of violence and unjustified end to human lives. Those included the death of a twenty-year-old Nigerian asylum-seeker who died in the custody of the Belgian immigration police; the killing of a large number of civilians in the Federal Republic of Yugoslavia and Afghanistan; the killing of political opponents in Colombia, of members of the Muttahida Quami Movement in Pakistan, or Kashmiris in India, and suicides in Bangladesh.
Often belief, colour, ethnicity, political, opinion, gender or sexual orientation were regrettably the factors behind the violence, she said. Even where the perpetrators of violence were non-State actors, the blame, in large part, must lie with governments. Governments had to be firm on steps against excesses against human life and in bringing those responsible to justice. Impunity remained one main factor on which evil thrived. Another unfortunate aspect of the current trend was the threat to human defenders themselves.
She went on to cite practices of honour killings in countries such as Jordan, Pakistan, Brazil and Turkey. Women continued to be murdered by relatives and clan members while authorities remained passive spectators. Other practices elsewhere included female infanticide, rape and murder in custody. Last, she said her mandate also included attention to the death penalty, particularly in cases of unfair trial or when a convicted person was either a minor, mentally handicapped or insane, a pregnant woman, a recent mother, or an elderly individual. The death penalty was not prohibited under international law, but its imposition must at least comply with the minimum internationally accepted standards.
The representative of Austria welcomed the intention of the Special Rapporteur, with regard to the death penalty. The European Union was working toward its universal abolition, he said. In that regard, how could the urgent appeals procedure be made more effective? Regarding her attention to the human rights of women, how would she develop ways to engage governments in that regard? He also requested an outline or preliminary impression of her upcoming country visits.
The representative of Belgium expressed astonishment that the tragic accident of the death of the young Nigerian asylum-seeker had found mention in a report on summary executions. Even if it was not appropriate to defend it, he reassured the Rapporteur and delegations that his Government would answer the questionnaire, in conforming to international treaty obligations. He said action was being taken in courts to clarify the circumstances of that incident. Those guilty would be punished.
Third Committee - 11 - Press Release GA/SHC/3496 34th Meeting (PM) 4 November 1998
The representative of Turkey welcomed the Rapporteur's report in relation to customary and traditional practices, but said the approach should be inclusive. Wherever fundamentalism existed, there were practices that adversely affected women. For example, forced marriages harmed women. But in the rich countries, psychiatrists were available to help. He took note of her intention to visit Turkey.
The representative of Colombia, with regard to the two assassinations cited in her report, said that the authorities were continuing to address those.
In response, Ms. JAHANGIR, said she would look into the case of the Nigerian asylum-seeker. As far as the question of death penalty, she intended to look at the spectrum of offenses in which the death penalties were applied. Sometimes children could be subject to the death penalty only on paper. Some offenses were regarded as such in the last century. She also said some governments had a problem with the whole concept of the death penalty.
* *** *