SPECIAL REPRESENTATIVE ON DISPLACEMENT INTRODUCES REPORT TO THIRD COMMITTEE, WELCOMING ACCEPTANCE OF GUIDING PRINCIPLES ON INTERNAL DISPLACEMENT
Press Release
GA/SHC/3497
SPECIAL REPRESENTATIVE ON DISPLACEMENT INTRODUCES REPORT TO THIRD COMMITTEE, WELCOMING ACCEPTANCE OF GUIDING PRINCIPLES ON INTERNAL DISPLACEMENT
19981105 Reports also Introduced on Torture and Human Rights in Rwanda, Burundi and in Bosnia, Croatia and Federal Republic of YugoslaviaInternational efforts to develop a response to problems of internally displaced persons had reached an important juncture, Francis Mading Deng, Special Representative of the Secretary-General for Internally Displaced Persons, this morning told the Third Committee (Social, Humanitarian and Cultural).
Introducing his report as the Committee continued consideration of various human rights situations, Mr. Deng said recent development of a normative framework to address the situation of the internationally displaced -- known as the guiding principles on internal displacement -- was a significant achievement. However, the considerable progress being made should not lead to complacency, but should instead motivate additional efforts to consolidate an effective international system.
Also presenting his report this morning, Jiri Dienstbier, Special Rapporteur on Human Rights in Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia, said although Kosovo was now the focus of attention, it was only the most visible and obvious example of human rights violations occurring in the countries of his mandate. For post-communist and post-war societies without democratic traditions to transform, new determination and cooperation were needed between Governments, emerging institutions of civil society and the international community.
Michel Moussalli, the Special Representative on human rights in Rwanda, noted the intentions of the Government of Rwanda to establish a national commission to examine human rights violations, whether committed by local, national or international elements. While the Government's efforts had already brought encouraging results, donor countries could assist in establishing a national human rights commission through technical cooperation and financial support.
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Also this morning, Nigel Rodley, the Special Rapporteur on Torture, made an oral report to the Committee; and Bacre Waly Ndiaye, Director of the New York Office of the High Commissioner for Human Rights, introduced a report on human rights in Burundi, on behalf of the Special Rapporteur, Paulo Sergio Pinheiro.
Speaking during this morning's discussion were the representatives of Austria (on behalf of the European Union), Croatia, Albania, Turkey, United States, Russian Federation, Rwanda, Cuba, Denmark and Burundi.
General statements on human rights were also made by the representatives of Croatia, Kenya and Bangladesh.
The Third Committee will meet again this afternoon at 3 p.m. to continue its discussion of human rights matters.
Committee Work Programme
The Third Committee (Social, Humanitarian and Cultural) met this morning 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. (For background information on the relevant reports before the Committee, see Press Release GA/SHC/3494 of 4 November.)
Internally Displaced Persons
FRANCIS MADING DENG, Special Representative of the Secretary-General for Internally Displaced Persons, said the international community was at an important juncture in the evolution of the international response to the problem of internal displacement. A significant achievement this year had been the development of a normative framework to address the situation of the internally displaced, known as the guiding principles on internal displacement. Those principles were the product of collaboration between legal experts and representatives of United Nations agencies and other organizations. The principles provided guidance on means to: prevent arbitrary displacement; provide protection and assistance during displacement; resolve situations through safe return, resettlement and reintegration.
The guiding principles had been widely accepted and were being promoted by the United Nations and the international community, he said. The response at the regional level had been particularly encouraging. Following his meeting with the Inter-American Commission on Human Rights of the Organization of American States (OAS) in 1996, the Commission had decided to appoint a rapporteur on internally displaced persons who had since then been actively engaged in disseminating and supporting application of the guiding principles in the Americas.
In a recent workshop in Addis Ababa, co-sponsored by the Organization of African Unity (OAU), the United Nations High Commissioner for Refugees (UNHCR), and the Brookings Institution's Project on Internal Displacement, participants welcomed and endorsed the guiding principles as an important basis for more effectively addressing the problems of internal displacement in Africa, he said.
With respect to institutional arrangements, the gaps in the international system relating to the internally displaced had always been obvious, he said. His first study had identified remedial options ranging from the creation of a specialized agency for the internally displaced, to the designation of an existing agency to assume full responsibility for them, to a collaborative arrangement that would utilize existing capacities and enhance the effectiveness of the international system. The last option had been generally favoured as the most practical, but it required coordination to be
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effective. As part of his reform agenda, the Secretary-General had given the newly appointed Emergency Relief Coordinator, Vieira de Mello, responsibility for seeing that the needs of the internally displaced were adequately addressed. The Emergency Relief Coordinator had undertaken his mission with vigour, creativity and a result-oriented focus.
Country missions remained the most tangible means for assessing conditions on the ground and the effectiveness of the international response to specific situations, he said. They offered the opportunity for dialogue with governments and other concerned actors on how to improve the conditions of the internally displaced. The preparation of the guiding principles and arrangements for inter-agency collaboration should significantly enhance the value of country missions.
Considerable progress in addressing the situation of the internally displaced had been achieved, but progress should not be a reason for complacency, he said. Rather, it should provide a foundation and a motivation to strive even harder to develop and consolidate a more effective system of international protection and assistance for the internally displaced.
The representative of Austria, for the European Union, said the plight of displaced people constituted a global crisis. In the last few months, since the mandate had changed, he asked, what was the further evolution of the mandate? What were the consequences of the achievements for the internally displaced? How would he wish to see the mandate evolve, given the institutional and legal framework created? What would the focus be of his further country-oriented activities; how would he ensure adequate follow-up? How could the mandate be effective on the ground and what could the international community contribute? He asked if the dissemination of the guiding principles had been satisfactory.
Mr. DENG, Special Representative for Internally Displaced Persons, said he believed the mandate had evolved enough, but it was time to translate it into practical terms. The structures had been agreed upon, with agencies and the focal point. If the system functioned well, it should be able to monitor situations worldwide. That entailed energizing the entire system -- at the Headquarters and on the ground -- to get an updated analysis of the situation. But there were many constraints.
With respect to the follow-up, the international community should be able to reach agreements with the respective governments for monitoring implementation on the ground.
Finally, he was encouraged by what had transpired in a short time. A booklet had been published. There had been a series of meetings with NGOS, all of which had energized the process and included all those directly
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involved with the internally displaced. Once again, he noted, resources were an issue.
Human Rights in Bosnia, Croatia and Federal Republic of Yugoslavia
JIRI DIENSTBIER, Special Rapporteur on the Situation of Human Rights in Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia, said although the present report had been prepared in late August, it had already been outpaced by events. Such impractical practices at the United Nations should be changed. Although a newcomer, he had already defined his task as that of offering independent insight, not burdened by government policies, not burdened by government policies, not influenced by governmental or non- governmental organisations (NGOs), and not affected by feelings, even for those affected.
While the focus of attention was now on Kosovo, he said Kosovo was only the most visible manifestation of the lack and fragility of democracy. Kosovo was the most obvious example of human rights violations occurring in the countries of his mandate. For those post-communist and post-war societies without democratic traditions to transform, a new energy, determination and cooperation was needed from Governments, the emerging institutions of civil society and the international community.
While 1998 had been proclaimed "the year of minority return", for the majority of refugees and internally displaced persons in the region, it was the year of "non-return". The programmes in Croatia and Bosnia and Herzegovina were encouraging, but there was no political willingness to implement them on all levels. The main political parties were more active in strengthening ethnic identity, than in creating conditions for the development of a state of law, and a pluralistic and tolerant civil society.
The task of supporting so many refugees could not be sustained by the Governments or international organizations, he said. In Montenegro, refugees formed 12 per cent of the population. Half a million Serb refugees from Croatia and Bosnia and Herzegovina were in Serbia. If the conflict in Kosovo was not contained, there would be a new wave of refugees - both Albanians and Serbs. Programmes for return were of primary importance. For those who did not wish to return, programmes were needed to help them settle where they were. The danger in Kosovo, for the time being, was over. But Kosovo remained an open wound.
The representative of Austria, speaking on behalf of the European Union, asked for more information about the lack of return of refugees and displaced persons, which was viewed as one of the major problems of the area. The Special Rapporteur had referred to the work of NGOs in facilitating return. He asked the Special Rapporteur to elaborate. Referring to the system of human rights protection outlined by the General Framework Agreement for Peace
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in Bosnia and Herzegovina, he asked whether the Special Rapporteur had reviewed the situation of the ombudsmen in Bosnia. Regarding the importance of developing an independent media, had he discussed with the Croatian authorities the high number of civil and criminal lawsuits brought by members of the Government against newspapers?
In the Federal Republic of Yugoslavia, where the European Union welcomed the agreement between the Government and the Office of the United Nations High Commissioner for Human Rights that should allow the deployment of additional human rights monitors. That additional deployment would respond to the lack of human rights monitoring in Kosovo, which had been noted as a concern of the Special Rapporteur. Following his last mission to Kosovo, had there been any improvement in the situation there? he asked the Special Rapporteur. Regarding the reference in the report that political leaders in the region had given assurances on human rights standards, but that those assurances had not been translated into active policy, what steps should be taken, and how could the international community help to make sure they were taken?
BRANKO SOCANAC (Croatia) thanked the Special Rapporteur for his report. He said that ever since the creation of his mandate in 1992, the Croatian Government had actively cooperated with the Special Rapporteurs and, since 1994, had cooperated with the human rights field operation of the High Commissioner. It was surprising, therefore, that the Special Rapporteur had failed to mention that in his report. He asked for comment on the evaluation of the deterioration of the human rights situation, which appeared to contradict reports by other international bodies, which had noted improvements in the situation of human rights in Croatia. The Croatian Government had proposed that all future draft reports be forwarded to the Government prior to their publication. The Government would comment on the report, and would pass on its remarks to the Special Rapporteur.
The representative Albania said the report gave the impression of business as usual. That was not the case. Ethnic Albanians in Kosovo had been, for decades, submitted to an ethnic repression and intolerance and they had been denied their most basic human rights. This year, the situation had greatly worsened, when Serbian authorities launched an open policy of genocide and ethnic cleansing. Over 300,000 people had been displaced or obliged to flee the country as refugees. Over 1,000 pregnant women and elderly persons had been massacred, mutilated or beheaded. None of that had been mentioned in the report of the Special Rapporteur.
By presenting the events in Kosovo in a general way, the report tended to minimize the facts, compromising its impartiality and relevance, he said. The report also contradicted other reports coming from the United Nations or human rights international organizations. He asked what the sources of data had been for the Special Rapporteur? Had he had contact with the UNHCR or
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with the International Committee of the Red Cross (ICRC)? Why had the Government of the Federal Republic of Yugoslavia not responded? he asked.
The representative of Turkey said the Special Rapporteur had mentioned an updated version of his report. Was there a possibility of distributing unedited copies of the updated version? The general observation of zero development on the situation of human rights did not reflect the current situation on the ground. Much more detailed information on events in Kosovo would be appreciated.
The representative of the United States asked whether the imposition of sanctions would be a good idea in response to human rights violations. He agreed that the fundamental issue was the need to create a tolerant society. He noted the positive development in the elections this fall. Was the Special Rapporteur able to work with NGOs and press sources on the ground in Kosovo? he asked. Regarding press freedom, which was essential for the truth to out and to understand human rights problems, what should the international community or the United Nations do to enhance the functioning of a free media in the Federal Republic of Yugoslavia? While the report had looked at abductions carried out by the Kosovo Liberation Army, he said it was important also to look at the widespread shelling of civilians. He questioned how such actions had been treated in the documents which were to follow.
The representative of the Russian Federation asked the Special Rapporteur about the actual situation and what measures for resolutions were being considered. He asked what recommendations the Rapporteur had on the human rights situation in the former Yugoslavia? That question was pertinent also to the current discussion in the United Nations on the role of special rapporteurs.
Mr. DIENSTBIER, the Special Rapporteur, said the promised updated report would be distributed. It contained information about Kosovo, about people killed by both sides. In his opinion, the problem was not ethnic cleansing, but of democracy in the country. However, if the situation persisted and was not challenged, it could lead to continued ethnic hatred and ethnic conflict. The authoritarian Government did not put up with opposition of any kind. He condemned the use of force by the Yugoslav forces. But the question now was what to do with the future; after all, his main task was not to discuss whether Kosovo should be independent or not, but to discuss the question of human rights. If both sides were not reasonable, it would result in violations of human rights again.
Regarding the questions from the representative of Croatia, he said he had been given his appointment in July and the report prepared in August. Clearly, there had been time constraints. He was prepared to enter any discussion with any governments, all NGOs, all media and any agencies of the international community. Some of the questions raised had been answered in
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the addendum of the report. The memorandum of understanding had been renegotiated and elections had been held in Bosnia and Herzegovina.
In his view, economic sanctions had not punished those in authority or Governments, only the people, he said. Sanctions had helped the fundamentalist nationalist leaders to manipulate the population. They were a source of tension, never a source of improvement. In Belgrade, people said the authoritarian members of the leadership preferred sanctions. Sanctions helped to keep rulers in power for 30, 40 years.
Regarding cooperation, he said he had met with NGOs everywhere. Only mutual cooperation between NGOs, governments and international organizations could bring about a breakthrough in the situation of human rights in the former Yugoslavia. While tensions had eased in Kosovo, he questioned what the spring might bring. Several things had to be done regarding Kosovo: anticipate the situation which might develop in the spring; give attention to the problem of refugees; and develop independent media in the region to end those societies' isolation. Those bridges of understanding were necessary.
Human Rights in Rwanda
MICHEL MOUSSALLI, the Special Representative on the Human Rights Situation in Rwanda, said the report submitted was based on three visits, the last as recent as September. A major event in human rights that had deeply marked that period was the departure of the United Nations Field Operations from Rwanda. A new formula had to be found for the people and institutions of Rwanda to benefit from the work of the High Commissioner for Human Rights.
All the talks with the highest officials had confirmed the intention to set up a national commission to examine human rights violations by whomever the perpetrators were, be they local, national or international elements. Time must be taken for the selection of such a commission. Several donor countries could help with necessary technical cooperation and financial support for such a commission. Sensitive areas for administration continued to be gravely affected by the 1994 genocide. But the efforts of the Government to restore the systems had brought some encouraging results.
The whole judicial system was beginning to take shape, he said. The number of arrests had declined since 1994. The number of detainees was substantial and, despite improvement, conditions of detention were alarming. Attention to that must be a priority, and the international community must support national efforts to increase and reinforce legal and civil institutions.
The internal security situation was alarming, he warned. To destroy efforts of the Government to rebuild, armed groups had forced thousands to leave fields and homes and to take refuge under army protection. The return
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of 3 million refugees was an exceptional example of the commitment of the Government to repatriate all its nationals. Help on those fronts was indispensable and could not continue without the support of the international community. Those ceaseless attacks and the sometimes virulent reaction would not foster a national human rights culture. Activities to stir up ethnic conflict would also harm the situation of human rights. Regional human rights initiatives should be supported.
The representative of Austria, speaking on behalf of the European Union, asked what would be the effects of the withdrawal of the Human Rights Field Operation. Regarding the national human rights commission, he said he was pleased about the additional information just presented about the commission, and asked about real progress in that regard. Regarding the situation of children -- who remained extremely vulnerable -- he said special attention needed to be given to minors accused of genocidal acts and to minors who had lost their families to genocide. What were the effects on minors who were imprisoned, and did the Special Representative have any idea of number of children that had been imprisoned? There were indications that that number might be on the rise. On the public prosecutor's office, how did the Special Representative evaluate the training programmes for judges and court clerks?
GIDEON KAYINAMURA (Rwanda) thanked the Special Representative for his report and for his oral statement. He also thanked the international community, particularly friendly countries, which had helped build a human rights culture in Rwanda. He noted the report outlined the objectives of the Government of Rwanda in regard to building the human rights culture -- thorough training, education and allocation of resources. He was grateful to the Special Representative for having pointed that out. He would be seeking the support of the Assembly in a draft resolution that was being drafted in accordance with the report.
Noting the report had stated that the majority of right to life violations committed by State agents had occurred during counter insurgency operations, he asked how the Special Representative could also commend the efforts of the Government to prevent and redress such actions. Was there a contradiction there? Contrary to earlier reports to the Third Committee that refugees were afraid to return to Rwanda, they were now returning by the thousands. That situation was a human rights success.
The representative of the United States thanked the Special Representative for the information on conditions in detention centres for those involved in war crimes. She asked about access of NGOs in Rwanda.
The Special Representative responded first to the question on the effects of the withdrawal of the Field Operation. As he had said in his report, the population regretted the withdrawal, as did all institutions and the Government. The Government had only wanted one element of the mission to
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leave. The withdrawal had also hampered the work of the Special Representative in his reporting. He hoped there would be a new formula that would enable a new presence of the Office of the High Commissioner in Rwanda.
Regarding the national commission on human rights, he said that was something that the Government was determined to put into action, and he hoped there would be some concrete results by the end of the year. The Government was very keen to ensure that once the members of the commission were appointed, a public workshop would be held. It was very important that the work of the commission be supported by the international community.
On the situation in the detention centres, he said conditions remained distressing, particularly for children and women. Children must be separated so that they could be taken care of. National and local NGOs could play a greater role. The key element to progress was to speed up the justice system. It was essential to do everything possible to strengthen educational programmes and capacity-building. He encouraged the international community to help in that regard.
He said he saw no contradiction in the report. The violations might have been committed by soldiers in the heat of reprisals, but they were not ordered to do so. In certain situations soldiers overreacted and one could only applaud the efforts of the military to control such violations.
Regarding the comment by the representative of the United States, he said it was important to facilitate access of NGOs and voluntary organizations. They should have as wide access as possible. It was also essential that the national human rights commission, once established, be kept in contact with civil society.
Oral Report on Torture
NIGEL RODLEY, the Special Rapporteur of the Commission on Human Rights on torture, presenting an oral report, said identifying trends with regard to the incidence of torture and similarly cruel, inhuman or degrading treatment or punishment was a difficult task. Every year he received information from 60 to 80 countries. In almost half of those countries, torture was regularly resorted to. Methods included brutal, protracted infliction of extreme physical duress, such as beatings, burnings, rape and other sexual assault. Victims of torture might be an individual charged by law enforcement or national security authorities as being suspected of possessing wanted information or they might be a criminal, whose criminality could be confirmed by the extraction of confession, or a person or member of a group they wished to intimidate from engaging in unlawful or unwelcome behaviour.
Reports were increasing regarding torture of victims believed to be involved in ordinary criminality, he said. Also, foreigners or minority group
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members were especially vulnerable to torture or similar ill-treatment at the hands of law enforcement officials. Political cases remained a serious problem, whether or not a public emergency had been formally proclaimed, particularly in those countries facing armed conflict or sustained terrorism. Yet, torture was a crime under most, if not all, national legal systems, as well as under international law. Its special gravity lay in the fact that such acts were committed by those charged with upholding the law.
Further, there were numerous causes of this impunity. Those included torturing during prolonged detention of persons without allowing them access to the outside world, including lawyers, doctors and family members. Another cause of impunity was the reluctance of prosecutors and judges to believe allegations of torture. Then there were special legal norms, procedures and forums where State security forces were involved, where perpetrators were immune from ordinary courts, or protected by military justice. As long as law enforcement officials thought that their careers were best served by using methods of torture, rather than complying with the law, they would continue to do so. That shield of immunity had to be broken.
Among his recommendations were that: States should ensure that prolonged incommunicado detention was not permitted; all States should speedily ratify the Rome Statute of the International Criminal Court with a view to bringing to justice perpetrators of torture in the context of genocide; and, at the transnational level, States should ensure they had legislation that permitted them jurisdiction over perpetrators of human rights violations.
The representative of Austria, for the European Union, said the picture was grim and appalling as torture was aimed at destroying the personality of the person. The European Union was concerned with the low number of ratifications of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Why did the Special Rapporteur think ratification was so low? Second, what was the level and content of responses from governments, particularly concerning remedies? Third, regarding the importance of the ratification of the Rome Statute, how did he envision coordination with other rapporteurs? What was the scope for cooperation between the Rapporteur, the High Commissioner for Human Rights and other relevant agencies; he asked.
The representative of the United States said during a statement by the United States a few weeks ago, the establishment of centres to treat victims of torture had been highlighted. What was the Special Rapporteur's impression of the centres' contributions, particularly in regard to spotlighting abuses?
The representative of Cuba said the Rapporteur had mentioned certain occurrences regarding mistreatment and torture of foreigners in certain countries. Had the Rapporteur looked into the treatment of migrants and
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minorities in certain countries, and what measures were being taken in regard to that?
The representative of Denmark asked what could be done to prevent torture. He also asked the Rapporteur to elaborate on his experience with current initiatives to address torture. Could one imagine some kind of monitoring mechanism developed based on recommendations made by rapporteurs who had been carrying out the work since 1985?
Mr. RODLEY, the Special Rapporteur, said he could not explain the relatively low number of ratifications of the Convention Against Torture. It had reached 107, but that was low considering the very specific nature of the Convention and should have improved its chance to secure widespread adhesion. Yet it had not turned out that way. Perhaps there was an element of technicality, which posed a problem for a number of States.
He had not discussed with the Committee on Torture the proposition of establishing dialogue, through the Office of the High Commissioner of Human Rights, on how Member States could be helped on technical aspects, he said. Certainly, the political will was needed, but it would help to indicate that the United Nations viewed the instrument's ratification as a priority. To another question, he said Governments had responded to communications increasingly, be it in reaction to urgent appeals or substantiated allegations that torture had been committed. Some responses were detailed, others were a general dismissal of the allegations. The letters transmitting allegations required detailed answers. But, it was rare to obtain all the information sought.
Regarding the Rome Statute, several rapporteurs, independent experts, and special representatives had, on their own, suggested the establishment of an international court. It was appropriate for special rapporteurs, among others, to offer advice or technical support to Member States. Cooperation among all agencies was needed to close the gaps in national legislation, and to identify the problems and incidence, all with a view to helping States.
Regarding the representative of Cuba's question, he wanted to give a broad picture, rather than provide country-specific details. Not only migrants but the children of migrants were subjected to treatment of less respect than might be accorded others of the main society. It was important to identify the problem and highlight that. He said he was reluctant to preach about what the Assembly could do. He said it was valuable for the Assembly to remind States to bring their legislation into line with international standards, to ensure there was no safe haven for torturers. That meant drafting legislation that did not exist at the moment.
Regarding monitoring compliance, there was a serious resources problem, he said. In the next address, there would hardly be any material on follow- up, simply because of a lack of resources. Resources should be provided so that information could be assessed by the Third Committee or other bodies.
Human Rights in Burundi
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BACRE WALY NDIAYE, Director of the New York Office of the High Commissioner for Human Rights, introduced the report of Paulo Sérgio Pinheiro, Special Rapporteur on the situation of human rights in Burundi, who was unable to attend personally.
After five years of war, Burundi had the largest number of internally displaced and re-grouped population of any country in the Great Lakes region, he said. Over 500,000 people were currently squatting in camps and other sites in precarious conditions.
The crisis and the war had worsened all the indicators of human development, he said. Despite the commendable efforts made by the countries in the region to undertake a review of the sanctions imposed on Burundi, the embargo continued to have negative effects on the living conditions of families and children.
During his visit, the Special Rapporteur had been deeply concerned with the increasing deterioration of detention conditions in Burundi, a consequence of the overcrowding and the insufficient financial and human resources allocated by the Burundese authorities, said Mr. Ndiaye. He was concerned with the conditions of at least 250 detainees under death sentence in the central prison of Bujumbura.
Mr. Ndiaye said the Special Rapporteur had drawn the attention of the Burundese authorities to the urgent need to ensure respect of international standards of humanitarian law and human rights, which prohibited indiscriminate attacks against civilian targets during military operations. He also called on rebel groups to respect the principles of international humanitarian law, particularly the provisions relating to the physical security of the civilian population, non-combatants and prisoners.
The Special Rapporteur noted that recent initiatives seeking to implement power-sharing among the Government, the political parties, the National Assembly and civil society had contributed to reducing the antagonisms that still divided the various parties to the Burundi conflict. The Special Rapporteur also paid tribute to the efforts of the Ministry for Human Rights, Institutional Reform and Relations with the National Assembly in promoting human rights with the participation of civil society. The international community should provide appropriate assistance to that Ministry in order to strengthen national human rights efforts, including the activities
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of the Centre for the Promotion of Human Rights and Prevention of Genocide. He also called for the United Nations to consider the establishment of an international criminal tribunal to try individuals responsible for genocide, massacres and genocidal acts.
Mr. RODLEY, Special Rapporteur on Torture, said he had earlier neglected to respond to questions from representative of the United States. If there were 200-odd rehabilitation centres for victims of torture around the world, it was because the United Nations Fund for Victims of Torture had been able to help in training their staff and also in financing them. The work of the centres also contributed to the prevention of torture by bringing the problem more into the open and through documenting the cases of torture. He noted that the United States Congress had just adopted legislation that would allow increased contributions to the fund, and urged other States to follow suit.
GAMALIEL NDARUZANIYE (Burundi) thanked Mr. Ndiaye for his presentation and the Special Rapporteur for his report. He said he was especially appreciative of the dedication of the Special Rapporteur in continuing his work despite his accident.
General Discussion of Human Rights
IVAN SIMONOVIC (Croatia) said the Statute of the International Criminal Court would demand respect for human rights. Regional mechanisms for the promotion and protection of human rights were also gaining strength. However, the isolationism of some States and the misuse of human rights for specific political ends were serious obstacles to achieving human rights. Since its independence, Croatia had always been open to all forms of cooperation with the United Nations and various regional organizations. Its fundamental process of democratic development had been severely hindered, initially by armed aggression, and subsequently by efforts to reintegrate occupied territories.
Croatia was implementing its return programme in regard to all refugees and displaced persons, irrespective of their ethnicity, he said. More than 25,000 Serbs had returned from the Danube region to other parts of Croatia, and 22,400 displaced persons of non-Serbian origin, mostly Croats, had returned to that region. Croatia was now focusing its efforts on strengthening the democratic processes, which had been impeded by war. It had become a party to a vast number of international instruments, including the six core United Nations human rights treaties.
After almost seven years of full cooperation by Croatia with the Special Rapporteurs, his Government had not received a comprehensive report containing an evaluation of the overall cooperation and achievements of all three countries. Nor had it received an assessment as to the fulfilment of the Special Rapporteur's previous recommendations. His finding that the human
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rights situation had deteriorated in all three countries under his mandate was contradicted by reports of other international bodies on the human rights situation in Croatia.
NJUGUNA M. MAHUGU (Kenya) said his Government had embarked on the implementation of wide-ranging measures aimed at strengthening the rule of law and thereby securing the enjoyment of all human rights. Detention without trial, long a subject of acrimonious debate in Kenya, had been abolished. All that was needed was a notification of the police before the event. Further, the offence of sedition no longer applied. The offence of vagrancy, which criminalized poverty and restricted freedom of movement of people without lawful gainful employment, had been voided to the advantage of the informal business sector and job-seekers, among others.
A constitutional review was being conducted to recommend improvements to existing constitutional offices and consider establishment of new ones to facilitate constitutional governance and respect for human rights. The review commission would make recommendations on the Government's obligations under international law. Strengthening the rule of law as a vehicle for enjoyment of human rights would only be effective if it was accompanied by human rights education, especially the training of legislators on the judiciary, police and prison officials.
ANWARUL KARIM CHOWDHURY (Bangladesh) said poverty constituted the biggest threat to the effective enjoyment of human rights. Where poverty was widespread, human rights remained confined to the realm of the abstract, without much relevance in real life. Poverty rendered democracy and popular participation fragile. Poverty was a global concern. The realization of the right to development took on added urgency; it must be recognized as having centrality within the human rights regime. The right to development must be perceived not only in terms of growth, but in terms of poverty eradication through the empowerment of people. There was the success story of microcredit; its success stemmed from the inherent recognition of the right to development in its application as a tool for poverty eradication.
The creation of the working group on the right to development within the United Nations Development Programme would speed up its effective implementation, he said. Studies to be submitted by the independent expert on the current state of implementation of the Declaration on the Right to Development would facilitate deliberations in the working group. But the right to development was only the first step. The question of its realization -- its implementation -- must follow. Wider dissemination of the Declaration of the Right to Development was absolutely essential. His Government felt the time had come to consider the development of a convention on the right to development.
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