THIRD COMMITTEE CONCLUDES CONSIDERATION OF HUMAN RIGHTS QUESTIONS, SITUATIONS
Press Release
GA/SHC/3503
THIRD COMMITTEE CONCLUDES CONSIDERATION OF HUMAN RIGHTS QUESTIONS, SITUATIONS
19981110 While there was an increasing realization that poverty constituted the biggest threat to the effective enjoyment of human rights, the international community had failed to react to hunger, malnutrition and other violations of economic, social and cultural rights with the same outrage, assistance and solidarity, the representative of India told the Third Committee (Social, Humanitarian and Cultural) this afternoon as it concluded its consideration of human rights questions and situations.He added that there continued to be a tension between rights and resources, especially since they concerned economic, social and cultural rights and the right to development, whose fulfilment and enjoyment required progressive realization, additional resources, and greater international cooperation. Factors of a structural and macroeconomic nature, such as the debt burden, poor terms of trade, lack of technology and managerial expertise, limited the fulfilment of human rights by countries affected.
The well-known triad of human rights, democracy and development was increasingly gaining its rightful place, said the representative of the former Yugoslav Republic of Macedonia. The positive trend of establishing a balance between economic, social and cultural rights, on the one hand, and civil and political rights, on the other, should continue with even greater intensity, and the best preconditions for economic and social progress were democracy and the rule of law.
Referring to criticisms levelled by some countries against others, the representative of Belarus said human rights should not be affected by the temporary criteria of economic expediency and political loyalty. Human rights should be promoted based on non-selectivity and impartiality, and double standards should not be applied. Only close cooperation and dialogue would help to improve the situation. Overcoming the gulf between standards in the human rights world and reality must involve economic, as well as political, action; democracy, human rights and development went together.
Noting that food had been used as an instrument of political pressure, the representative of Libya said that action ignored the statement of the United Nations High Commissioner for Human Rights that poverty and exclusion were the two disasters that affected all countries, including the developed
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countries. The phenomenon of poverty was more distressing than any other in this age. The increasing gap between the rich and poor would lead to conflicts. Until that was addressed, talking about human rights was an intellectual luxury, and the claim that human rights were being defended was a hypocrisy.
Statements were also made by the representatives of Colombia, Indonesia, Canada, Costa Rica, Togo, New Zealand, Lao People's Democratic Republic, Australia, Republic of Moldova, Cyprus, Iran, Bosnia and Herzegovina, Greece and Ethiopia. A representative of the International Committee of the Red Cross (ICRC) also spoke.
The right of reply was exercised by the representatives of the Sudan, China, Cuba, Algeria, Democratic People's Republic of Korea, Iraq, Eritrea, Malaysia, Singapore, Turkey, Ethiopia, Cyprus and Greece.
The Committee will meet again at 11 a.m. tomorrow, 11 November, to begin consideration of questions relating to refugees and displaced persons and humanitarian questions.
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. (For information on reports before the Committee, see Press Releases GA/SHC/3494 of 4 November and GA/SHC/3499 of 6 November.)
In addition, the Committee had before it a note by the Secretary-General transmitting an addendum to the report by Jiri Dienstbier, Special Rapporteur of the Commission on Human Rights on the situation of human rights in Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia (document A/53/322/Add.1). It notes that as of early October, an estimated 81,500 refugees and displaced persons had returned to their homes in Bosnia and Herzegovina. Despite the willingness of an increasing number of refugees and displaced persons to return home, pockets of entrenched political opposition to the right to return continue to block larger-scale returns. Minority return figures are particularly low, and the need for temporary housing for them because their houses continue to be occupied, creates additional tension. The arrival of almost 9,000 refugees from Kosovo has placed an additional burden on the State which must find places for them to live, and may have a negative impact on the minority return process.
In a joint press statement, the Office of the High Representative for Implementation of the Peace Agreement on Bosnia and Herzegovina, the Office of the United Nations High Commissioner for Human Rights and the Organization for Security and Cooperation in Europe (OSCE) expressed their serious concern about the fairness of the trail of Ibrahim Djedovic, convicted on charges of war crimes against the civilian population and sentenced to 10 years imprisonment by the Sarajevo Cantonal Court on 6 October. Among the irregularities observed was the violation of the right to legal counsel. Proceedings in the main trail were also fundamentally flawed, with the court summarily rejecting 30 defence witnesses.
The joint exhumation process is continuing, with the local commissions working well, says the report. As of October, over 1,000 bodies had been exhumed, which is almost twice the number in the previous two years combined. In October, the largest mass grave to date in Bosnia and Herzegovina was discovered in Glumina, Zvornik municipality.
On 25 September, the OSCE announced the results of the 12-13 September elections for the Joint Presidency of Bosnia and Herzegovina, the Republika Srpska National Assembly, the Bosnia and Herzegovina House of Representatives, 10 cantonal assemblies and 11 municipal elections. Overall, the elections marked a positive trend towards moderation and political pluralism. The elections took place peacefully with very few security-related incidents.
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Elections to the Joint Presidency of Bosnia and Herzegovina confirmed the incumbent, Alija Izetbegovic as the Bosniak member, and Croatian Democratic Union President Ante Jelavic as the Croat member.
For the Republika Srpska presidency, the incumbent, Biljana Plavsic lost to the President of the Serb Radical Party, Nikola Poplasen by less than 40,000 votes, it goes on. While some observers believe that Mr. Poplasen's victory may constitute a rejection of multi-ethnicity and a return to the past, he declared in a public interview with the Bosnian newspaper Dani that he "insists on the implementation of Dayton" and will "defend Serb national interests without harming those of the Bosniak Muslims or Croats and without harming the other entity".
In Croatia, although progress in the implementation of the Government's programme for the return and accommodation of displaced persons, refugees and resettled persons has been generally uneven, there have been some positive recent developments. In regard to the existing discriminatory legal provisions that impede return and repossession of property, the Government, in a meeting on 21 October with international representatives, provided assurances that it would work with experts of the international community to amend current laws, such as the Law on Areas of Special State Concern, to ensure equal treatment of all those accorded returnee status. The Government has also been issuing temporary green cards, valid for one month, to all those returning through the auspices of the Joint Working Group. The temporary returnee status will make it easier for assisted returnees to have access to rights and benefits while they wait for their identification and other documents.
From August through October, human rights concerns in the Federal Republic of Yugoslavia have focused on the crisis in Kosovo and its effects in other parts of the country, the report states. During this period, the Special Rapporteur visited the Federal Republic of Yugoslavia twice. He observed signs of use of heavy weapons against isolated houses and entire villages, as well as clear evidence of looting and post-military-operation destruction of property. Government representatives in Pristina admitted in discussions with the Special Rapporteur that in some places government forces had engaged in deliberate and retaliatory destruction and looting of property owned by ethnic Albanians. The Special Rapporteur accompanied a delivery of humanitarian assistance to internally displaced persons in the Drenica region, where he encountered persons encamped about 1 kilometre outside their village, who acknowledged that, although some had attempted to return, they could not return to destroyed properties and expressed fears for their security.
A high proportion of civilian casualties has marked the conflict in Kosovo, a region where 47 per cent of the population is under the age of eighteen, the report states. The population of internally displaced persons is overwhelmingly made up of women and children, and women and children number
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high among the killed and wounded. In the process of return, which has begun in some measure at the time of writing, women and children are treated differently. Returnees and government officials have described to the Special Rapporteur large-scale screening operations, in which police divide the men from the women and children as they attempt to return to their villages. The men are detained for periods ranging from several hours to several days, subjected to interrogation and paraffin glove tests, and those who are not arrested on site are permitted to return. Returnees and refugees have described indiscriminate beatings and ill-treatment during the screening.
Recent months have been marked by more discoveries of corpses and evidence of massacres, including the massacre of Serb and Albanian civilians, the report goes on. Serbian authorities announced that, on 27 August, in the village of Klecka, they discovered in a makeshift crematorium what they believe to be the remains of civilians abducted and then killed by the Kosovo Liberation Army. The exact number, identity, age and sex of the persons who died at Klecka have yet to be determined. Shortly after the discovery of the Klecka site, the remains of at least 39 persons were discovered in nearby Glodjane, where exhumation continues.
According to the report, on 29 September, the bodies of 14 Kosovo Albanians, including six women, six children and two elderly men, were found in a forest near Gornje Obrinje in the Drenica region. International observers who went to the scene reported that some of the bodies had been shot in the head at close range and their throats had been slit. There are reports that on 26 September another 14 Kosovo Albanian men were killed in Golubovac, near Gornje Obrinje. In early October, police discovered the remains of four persons, believed to have been abducted by the Kosovo Liberation Army, in a pit close to the Volujak copper mine near Klina. Two more bodies were found on 4 October near Gremnik.
The need for independent investigations into these crimes is urgent, the report stresses. Lately, as a result of efforts by the European Union and other international organizations, some progress has been made to initiate independent investigations into these alleged arbitrary killings. On 20 October, a team of experts from the Institute of Forensic Medicine at Helsinki University arrived in Belgrade. The Special Rapporteur remains concerned about the fate of Serb, Kosovo Albanian and Roma civilians, and Serbian police officers abducted by armed Kosovo Albanians, believed to be the Kosovo Liberation Army, and has appealed directly for their release.
The Special Rapporteur cites the continuing disregard of both domestic and international standards pertaining to police conduct and treatment of detainees, illustrated by a growing number of cases of arbitrary detention and systematic ill-treatment, abuse and torture, including five deaths in custody. The Serbian Ministry of Justice has confirmed to the Special Rapporteur that more than 1,500 persons, including 500 in absentia, are currently being
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investigated under suspicion of involvement in anti-State activities and in activities of the Kosovo Liberation Army. Trials on criminal charges related to terrorism and anti-State activity have begun in the district court of Prizren, resulting so far in the conviction and sentencing of all of those charged.
Statements
FATMA SHOUR (Libya) said the right to development was the most important right. Secondly, in considering human rights, the cultural and historical particularities mattered. The approach to the question of human rights should be on the basis of impartiality, objectivity and cooperation. The Vienna World Conference on Human Rights had recommended the establishment of the Office of the High Commissioner for Human Rights. While that had been done the various mechanisms for human rights were characterized by duplication and overlapping. Rationalizing those should be a priority. Despite the emphasis on the need for objectivity and impartiality, the work of the Committee was nothing but an onslaught of the North on the South to put pressure, intimidate and impose on the affairs of the latter. The principles enunciated by the Vienna Declaration had gone to the wind. Instead, the United States had gone beyond its jurisdiction to impose coercive measures.
Such actions did not reinforce the right of the individual to food and to adequate level of care, she said. Food had been used as an instrument of political pressure. That action ignored the statement of the High Commissioner for Human Rights that poverty and exclusion were the two disasters that affected all countries, including the developed countries. The phenomenon of poverty was more distressing than any other in this age. The increasing gap between the rich and poor would lead to conflicts. Until that was addressed talking about human rights was an intellectual luxury, and the claim that human rights were being defended was a hypocrisy.
Most of the rapporteurs and special procedures that had been adopted had political motivations, she said. Some of them had been objective and professional, but others were partial and had worked with political motivations. They had depended on unknown and inaccurate sources. The question of human rights should remain purely humanitarian. In that regard, the sanctions imposed on her country had deprived Libyans of development, health care and the right to religion affecting, in particular, the vulnerable sectors of society. That constituted a dangerous violation of human rights. The rights of the two Libyan suspects had been ignored. Instead sanctions had been imposed without a fair trial, without accusation or interrogation, and they had not come before a court. Thus, a whole people were being unfairly subjected to collective sanctions on the basis of mere suspicions.
MARIA FERNANDA CAMPO (Colombia) said that during her recent visit to Colombia, the High Commissioner for Human Rights, Mary Robinson, had come into
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close contact with many of the difficulties facing the country in the field of human rights. Mrs. Robinson had observed in her report that the absence of social justice and the divisions between poor and rich people generated instability and internal conflicts, which in turn gave rise to human rights violations. In Colombia, the levels of poverty and social inequality were high, and there was also a great contrast between urban and rural quality of life.
In spite of the strong determination of the great majority of the Colombian people and the State to find a peaceful solution to their problems, some people were moved by violence, she said. She denounced the grave acts of barbarity that had been committed last week against the civilian population in the city of Mitu by members of the guerilla movement Revolutionary Armed Forces.
In Colombia, the protection of human rights was rooted in the constitutional laws of the State, she said. Besides accepting the basic international instruments of human rights and their optional protocols, Colombia was a member of the inter-American system for the protection of human rights. The presentation of periodical reports showed the efforts by successive governments to guarantee and protect human rights for all Colombians, even in the midst of internal conflict.
Besides carrying out several programmes for the protection and dissemination of information on human rights at the national level, Colombia participated in the elaboration of international laws regarding punishment for the sale of children, child prostitution and the use of children for pornography; of the additional protocol to the Convention on the Elimination of All Forms of Discrimination against Women; and of the protocol that would establish the complaint procedures in the International Covenant on Economic, Social and Cultural Rights.
SUTJIPTOHARDJO DONOKUSUMO (Indonesia) referred to the emphasis the High Commissioner's report had given to the large-scale violations of economic, social and cultural rights over the past 12 months, saying that the link established between human rights and the negative consequences of unfettered competition and globalization, resulting in the marginalization of countries and an exacerbation of poverty worldwide was important, and deserved the attention of the international community.
Indonesia joined the High Commissioner in noting the necessity for international financial institutions to identify and weigh the human rights impact of their advice and activities, he said. No longer should the perceived economic necessities of the day prevail over the rights of individuals to adequate health care, food and nutrition, which were paramount to the dignity of the human person. A coordinated and balanced approach to human rights must continually bear in mind that more than a billion people
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lived below the poverty line and maintained a precarious existence. The realization of the right to development, at both national and international levels, would provide a comprehensive approach to that problem.
He said that while his delegation was encouraged by the High Commissioner's approach in ensuring the universality, objectivity and non-selectivity of the consideration of human rights issues, it was disappointing that contrary to that constructive approach, certain countries and regional groups continued to address human rights selectively. It was regrettable that in earlier statements, certain delegations had touched on the human rights situation in Indonesia, including in East Timor. Those statements had failed to recognize the positive developments that had taken place in Indonesia recently, including the substantial reduction of military personnel assigned to East Timor, more political freedom in the province and systematic programmes to release East Timorese political prisoners and detainees involved in political activities. It was even more regrettable that certain delegations had suggested a political solution of the East Timor issue, which was completely irrelevant to the Committee's deliberations. Indonesia remained committed to the tripartite dialogue, under the auspices of the Secretary-General, with a view to finding a just, comprehensive and internationally acceptable solution to the issue.
ROSS HYNES (Canada) said some of the most brutal and repressive human rights violations continued to be committed in the course and immediate aftermath of wars and armed insurrections. The current conflict in the Democratic Republic of the Congo, as well as the persisting ethnic violence in neighbouring Rwanda and Burundi, raised grave concerns for the respect of humanitarian law and human rights in that region. Canada deplored in the strongest terms, the violence that had taken place in Kosovo over the past year, in particular the direct targeting of civilians by the Serb authorities in clear violation of their obligations under international law. Canada also condemned all abuses committed by the Kosovo Liberation Army in the course of their armed insurrection. Croatia, Bosnia and Herzegovina, and the Federal Republic of Yugoslavia should meet fully their obligations under the Dayton Peace Agreement, in particular on the critical issue of return of refugees and displaced persons.
He said his delegation remained concerned about continued reports of human rights violations in the Sudan, including arbitrary arrests, religious intolerance and persecution, as well as slavery. In Afghanistan, the human rights situation was among the worst in the world. The Taliban militia had instituted a policy of systematically denying women and girls the most fundamental human needs: education, medical care, and even a livelihood. The Government of Iraq continued to rule by terror, indiscriminate arrest, imprisonment and execution in order to maintain its grip on power. In Iran, encouraging improvements in the area of speech and media freedoms since last year's elections had been set back in recent months with the closure of
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several newspapers and magazines, and arrests of journalists. Of great concern was the heightened persecution of the Iranian Baha'i community.
He said the absence of respect for human rights and fundamental freedoms in the Democratic People's Republic of Korea had long been a matter of concern for Canada. "Burma's poor human rights record is of grave concern to Canada", which deplored the widespread detention of elected representatives and members of the National League for Democracy and other political parties. In Algeria, Canada remained concern by the security and humanitarian situation, particularly as events of major political and religious significance converged in the coming months. In Malaysia, concerns had been raised about the Government's use of the Internal Security Act to detain political opponents and others without trial, and to restrict freedom of speech and freedom of Assembly. In Indonesia, he welcomed the Government's notable progress in the area of human rights, including the new approach in dealing with East Timor. However, the East Timorese themselves should be involved in the process and should have a say in determining their future.
Another welcome example was the significant improvement that had recently taken place in Nigeria, particularly regarding the transition to democracy. He also welcomed China's recent signing of the International Covenant on Civil and Political Rights, as well as last October's signing of the Covenant on Economic, Social and Cultural Rights. It also welcomed such positive developments as Cuba's growing space for religious freedom, its invitation to selected United Nations Special Representatives and the release of political prisoners earlier this year.
In Haiti, he said, while acknowledging efforts towards improving the human rights situation, Canada underlined that much remained to be done, particularly with regard to impunity, abuse of authority, the state of prisons, and the essential reform of the judicial system. However the Haitian Government's continued commitment to the cause of human rights, as evidenced by its invitation to the Special Rapporteur on violence against women, which was encouraging. Human rights in Colombia was an important area of concern for Canada. Although warmly welcoming recent initiatives aimed at ending the long-running civil conflict, Canada had grave reservations about increasing violations of human rights and international humanitarian law.
DEYANIRA RAMIREZ (Costa Rica) said the policies of her Government accorded full respect for human rights, nationally and internationally. It had a firm resolve to struggle for human rights, to make them binding rules for life throughout the world. The cause of human rights was a noble one, as it represented a superior ethical issue, alien to temporary political issues. For that reason, her Government supported the work of the Organization, as well as the specific investigations being carried out. It appreciated the work being carried out in the United Nations, even though it rejected the idea of cultural conditioning, which was sometimes promoted.
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The Vienna Declaration reflected a balance between all the Member States of the United Nations, even though her Government did not accept the conceptual basis for some of the rights she said. In any case, the follow up to Vienna should not diminish the consensus reached five years ago. Rather, there should be efforts to strengthen the areas that had weakened since then.
Costa Rica supported activities to improve the condition of women, she said. The strengthening of the function of the High Commissioner for Human Rights was totally justified in that regard. That would require an increase in financial resources made available for such expanded activities. Her Government was concerned about the operation of human rights in Rwanda, where there was a need to strengthen the judicial structure. That required a clear commitment of the Rwandan authorities to strengthen their judicial system, in compliance with international standards.
With regard to the Democratic Republic of the Congo, she said that Government had refused to accept responsibility for the violation of human rights in the past conflict. Her Government was also alarmed at the violation of civil and political rights, as well as of ethnic policies, that continued. The Democratic Republic of the Congo should renew and unconditionally cooperate with the Special Rapporteur in all his or her functions.
Her Government also called on the Government of Iraq to halt its flagrant violations of human rights, she went on. That Government was violating human rights, and the imposition of sanctions did not justify those actions. With regard to Afghanistan, Costa Rica was alarmed over the Taliban's violations of human rights that affected the civilian population, particularly the violations against women and girls. Using religion or culture as an excuse to commit violations against them was totally unacceptable. In Kosovo, her Government condemned human rights violations against Albanians carried out by Serb authorities.
ALYAKSANDR SYCHOU (Belarus) said that half a century had passed since the United Nations and the world community set for itself the noble task of implementing the rights and freedoms of humanity. But belief was not enough. No country had room for self-satisfaction or complacency, not even his own. However, Belarus, living through a difficult time, had been able to save its population from crude violations of human rights. Equal rights were established, but there were problems associated with growing and transition. There was political pluralism and the rule of law in Belarus, and the Constitution proclaimed human rights as the most important priority for the Government.
Measures were being taken to commemorate the fiftieth anniversary of the Universal Declaration of Human Rights in his country, he said. The Universal Declaration was being widely distributed, and on 10 December, the anniversary itself, it would be carried in all national newspapers. The holding of
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parliamentary hearings on human rights had been an important event in Belarus this year. As a result, parliamentary recommendations had been adopted, and they were being carried out. A national programme of action was being worked out for the implementation of rights and freedoms of citizens.
Referring to criticisms that had been levelled by some countries against others, he said human rights should not be affected by the temporary criteria of economic expediency and political loyalty. To criticisms about the freedom of the media in Belarus, he said the media in his country was completely open.
There was new legislation that prohibited the incitement of racial or ethnic hatred or slander, or attacks on the honour or dignity of individuals; that was in line with other democratic countries.
The statement of the European Union that a peaceful demonstration of journalists had been crushed was not based on fact, he said. He shared the concern about national minorities in Belarus that had been mentioned by the representative of the Russian Federation. He also noted that Amnesty International had noted flourishing racism and discrimination in the United States. Human rights should be promoted based on non-selectivity and impartiality. Human rights should not be used for political purposes or as a political weapon. Double standards should not be applied. Only close cooperation and dialogue would help to improve the situation. Overcoming the gulf between standards in the human rights world and reality must involve economic, as well as political action; democracy, human rights and development went together.
ABRA AFETSE TAY (Togo) said human rights should become a reality for all. There was everyday many scourges, which were called conflicts, caused by all manner of strife, racism, xenophobia, and other conflicts. Concrete and concerted action was needed to strengthen human rights throughout the world. Her Government believed a true world partnership should be developed to promote the cause of human rights, both within and outside the United Nations. The respect for human rights was important to consolidate peace and solidarity. The Office of the High Commissioner for Human Rights and other agencies should make efforts to ensure the physical implementation of those rights on the ground.
Various measures, such as the inter-institutional development of human rights, were important, she said, as were education and public awareness of human rights. There was a need to strengthen a universal culture of human rights, to promote the state of law and democracy, particularly in Africa. Among the various means to exercise human rights, the United Nations had established a certain number of monitoring bodies of the international instruments. Her Government was, however, distressed to note the absence of African nationals from those treaty bodies.
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SYLVIE JUNOD, of the International Committee of the Red Cross (ICRC), said that in a month, the international community would be celebrating the fiftieth anniversary of the Universal Declaration of Human Rights, and next August would be the fiftieth anniversary of the four Geneva Conventions. However, human rights were being trampled all over the world, and there was no real reason to celebrate.
She said it was essential for the international community to look together at how human rights and fundamental freedoms could be protected. The Red Cross had the mission of protecting humanitarian law, especially in conflict. Although human rights law remained applicable in times of conflict, it was necessary to have two sets of rules that could be applied in different situations. There was a need to have specific rules for specific circumstances. In times of conflict, people needed to have additional rights. For example, the right to medical attention, or the right of prisoners to have outside contacts.
While acknowledging the complementary nature of human rights law and humanitarian law, she cautioned that trying to combine the two might weaken the existing guarantees. Recourse to humanitarian law was less appropriate when talking about peacekeeping operations outside actual conflict. It was also sometimes difficult to distinguish between the tasks of peacekeeping forces and the police. Both humanitarian law and human rights law must be taken into account.
The ICRC was mandated to promote respect for humanitarian law, while other organizations were concerned with human rights law, she said. New mechanisms had been set up to punish the authors of violations of humanitarian law. There were also now many more international observers and humanitarian organizations in areas of conflict. Sometimes, that led to an overlapping of missions, and although victims may benefit from the increased presence, more effective and coordinated methods must be applied. Action must be based on cooperation among the various agencies.
The ICRC had held various workshops for international humanitarian organizations to work together, and in some cases they had been very successful, she said. Such agreements should take into account not only the mandates of all the respective organizations, but also their differing areas of expertise. Concerted action was an ethical and legal imperative.
MICHAEL POWLES (New Zealand) said the Vienna Declaration and Programme of Action had identified the role that governments, the United Nations system and civil society must play in achieving universal realization of human rights. His Government had encouraged and participated in each stage of the revolution of international action for human rights. The fact that large-scale and serious human rights abuses continued to occur was abhorrent to New Zealanders.
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His Government was concerned at the deterioration of the human rights situation in Myanmar over the past year, he said. The key to progress depended on that Government engaging the opposition in genuine political dialogue. The continuing absence of that made it difficult for any prospect of the kind of national reconciliation that would encourage respect for human rights. The most recent report of the Special Rapporteur for the former Yugoslavia, covering Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia, had recorded some important progress since the 1995 agreement. But, there still remained a high level of disregard for human rights ranging from core rights, such as the right to life, to respect for basic democratic principles. Regarding the human rights abuses in Kosovo, he said that since the preparation of the Special Rapporteur's report, the Government of the Federal Republic of Yugoslavia had taken some steps to comply with the terms of Security Council resolutions on the situation in the province.
He also expressed concern about aspects of the human rights situation in other countries, including Iran, Iraq, Afghanistan, the African Great Lakes region, Burundi, Democratic Republic of the Congo and the Sudan, among others.
Urgent and serious consideration should be given to ways of ensuring the sustainability of the treaty body system, he said. The extent of the problem and a range of possible actions to improve that system had been identified through the work of the Independent Expert and the chairpersons of human rights treaty bodies. He welcomed the establishment by the High Commissioner for Human Rights of an Internal Special Task Force, and the review being undertaken by the bureau of the Commission on Human Rights, in the broader context of human rights mechanisms. Practical improvements could be implemented in the short to medium term.
KHENTHONG NUANTHASING (Lao People's Democratic Republic) said that while human rights and fundamental freedoms -- the cardinal principles of the United Nations Charter and the Universal Declaration of Human Rights -- were applicable to all members of the international community, all human rights were indivisible, interdependent and interrelated. As such, they should be treated globally on the same footing and with the same emphasis be they economic, social and cultural or civil and political. Moreover, in dealing with human rights issues, the particularities and various historical, socio-economic and cultural background of each country should be taken into account. Any imposition by any country of any particular human rights standards on any other country would only be detrimental to the interests of the latter.
He said the full enjoyment of all human rights by all peoples was the objective of all countries the world over. To attain that objective, each country had its own capability and means which differed from one country to another. Therefore, it was essential that the international community focused on how best it could cooperate with or render assistance to a given country in
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its efforts to respond to the real needs of its people. Only through international cooperation and assistance could the cause of human rights triumph.
LEANNE KERR (Australia) said that in order to minimize the social impact of the financial crisis affecting parts of the world, it was important that the human rights enshrined in the Universal Declaration of Human Rights -- economic, social, cultural, civil and political -- were protected. One set of rights could not be championed at the expense of another. Civil and political rights could not hope to be effective in a vacuum of absolute poverty. Likewise, the long-term economic viability of a nation ultimately depended on the political freedoms afforded to its citizens.
Australia was deeply concerned about the serious human rights violations that had taken place in Kosovo, she said. It was crucial that current efforts to bring about a peaceful settlement to the situation be successful in time to ensure that the onset of winter did not compound further the plight of the many thousands displaced by the conflict. The Australian Government also recognized the stated commitment of President Khatami of Iran to the promotion and protection of human rights in that country. She acknowledged Iran's willingness over the past year to promote dialogue on human rights with international bodies, and welcomed the Iranian Government's disassociation from the reward offered for killing Salman Rushdie. Nevertheless, serious human rights problems remained in Iran, particularly the treatment of the Baha'i community.
Australia was deeply disturbed by the deteriorating human rights situation throughout Afghanistan, she said. The slaying of Iranian diplomats and the harassment and murder of United Nations officials were flagrant violations of international law. Australia also remained seriously concerned about the strict social policies of the Taliban, which were especially detrimental to the human rights of women and girls. Australia was also deeply concerned about the plight of the Algerian people. She had been encouraged last July by the Algerian Government's readiness to receive the fact-finding panel appointed by the Secretary-General and hoped that the presidential election early next year would lead to positive changes and decreases in violence.
VLAD CHIRINCIUC (Republic of Moldova) said democracy, development and human rights were indispensable to society. His Government attached great importance to human rights and fundamental freedoms. Among other legislative actions, the Government guaranteed minorities, freedom of expression and freedom to develop their ethnic identity. The promotion and protection of human rights was a major preoccupation of the Republic. In that respect, all elections that had been held in the Republic of Moldova had been free and fair.
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Despite the negative effects of an economic and financial crisis, his Government had given considerable effort to implementing human rights and fundamental freedoms, including the consolidation of human rights institutions, he said. It appreciated the various forms of technical and expert support of the United Nations High Commissioner for Human Rights. Recently, it had intensified dialogue on human rights with civil society. It had integrated the question of human rights and fundamental freedoms into the educational curriculum.
The process of democratization had, however, been affected by the actions of the separatist regime in the eastern region, which violated all the rights of the Moldovan population there, he said. The citizens of that region were deprived of their right to associate freely, to study in their mother tongue, among other rights. Despite many appeals, the separatist regime had detained many and taken an intransigent position. Nevertheless, his Government was making efforts to re-launch negotiations with that regime.
SOTIRIOS ZACKHEOS (Cyprus) said that as the international community prepared to celebrate the fiftieth anniversary of the Universal Declaration of Human Rights, it should pause and examine its performance. Considerable ground had been covered, as was evidenced by the increasingly widespread human rights perspective that had been established in the behaviour of international actors and at national and grass-roots levels. It was imperative that States displayed the political will to fully accede to and implement the international conventions in the field of human rights and to try to limit their expressed reservations to particular provisions.
Earlier today, in Brussels, negotiations for the accession of Cyprus to the European Union had been initiated, he said. Cyprus stood ready to proceed with all the necessary measures to conclude the negotiations successfully. One of the crucial preconditions for accession to the European Union was the applicant's human rights record. Cyprus had been ready to meet that challenge for a very long time. However, despite its efforts, the basic human rights of Cypriots continued to be violated. The crime perpetuated on his country by Turkey in 1974, with its invasion and military occupation of 37 per cent of Cyprus's territory and the subsequent deliberate policy of ethnic cleansing carried out by the 36,000-strong Turkish army, must not be forgotten. The inaction of the international community to reverse the Turkish crime encouraged future perpetrators of that heinous crime.
More than 200,000 Cypriots, expelled from their ancestral homes, were still denied their properties in the occupied part of the Republic, he said. Furthermore, settlers from Turkey were still being brought in and settled in Cyprus, in breach of the Fourth Geneva Convention, changing the demographic structure of the island.
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Among the various violations of human rights that were taking place in the occupied part of the island, was the continuous tragedy of the thousands of families whose loved ones were still missing, he said. Parents were growing old waiting for news about the fate of their sons, wives were hoping for the return of their husbands. The year of the fiftieth anniversary of the Universal Declaration brought no new answers to those strictly humanitarian issues. Despite the appeals of the Government of Cyprus, and the efforts of international organizations there had been no progress towards solution of that problem. He appealed to the Turkish Cypriots to abide by the provisions of the July 1997 Agreement on the missing, which provided for the families of the missing to be informed of the fate of their loved ones in a convincing and conclusive manner.
BOZORGMEHR ZIARAN (Iran) said that, regrettably, human rights discourse and the activities of human rights mechanisms were influenced by economic and political interests of a minority. The "dos and don'ts" were defined and interpreted accordingly. Thus, double standards, selectivity and subjectivity had become the known features of the system. There was no fine criteria for special procedures and the system was somehow arbitrary. It was arbitrary in selecting countries, arbitrary in its judgement and the recognition of the progress and improvement in a given situation. It was also arbitrary as to the termination of the monitoring. Therefore, everything was almost left to the mercy of the sponsors.
That needed to be changed, he said. More importantly, the credibility of the system was at stake. If it continued, it would taint the credibility of the system in the eyes of the world opinion. The system did not have to be dismantled. Human rights were the interest of every nation and individual and should be emancipated from the wishes and economic and political interest of those aspiring to depict themselves as saviour kings looming on the horizon. Consideration had to be given to alternative approaches, in particular concerning promotional activities. National capacity-building and establishment of national human rights institutions and mechanisms could make a significant contribution. Technical assistance and advisory services, as well as human rights education and public awareness could also play a pivotal role in that respect.
Concluding, he said there should be some incentives for cooperation with human rights mechanisms. There should be some criteria for graduation. International monitoring was not and should not be seen as the sole solution. Human rights needed to be institutionalized and that was not possible until and unless national institutions were given a chance to take the lead.
AJAYA KUMAR SARNAIK (India) said that the rights-based approach to development within the United Nations system was clear in relation to such basic civil rights as non-discrimination and equality, whose application was
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typically at the national level and which applied to the exercise of all rights. But when applied to the economic, social and cultural rights, particularly in developing countries, the implications of the "rights-based" approach to resources for development -- the "social and international order" in which all human rights could be enjoyed, according to article 28 of the Universal Declaration of Human Rights -- and the sharing of obligations at the national and international levels were not sufficiently developed. Though the scope of the right to development was broader than economic, social and cultural rights, the right to development could also be understood as the collective counterpart of the individual rights enshrined in the International Covenant on Economic, Social and Cultural Rights.
He said that, in principle, India endorsed and shared the rights-based approach in as far as it clearly implied that human rights, including civil and political rights, as well as economic, social and cultural rights, were "rights" inherent to the individual and not conferred by an act of welfare or charity. India also accepted the rights-based approach as based upon an accepted corpus of laws, entitlements, duties and norms which could be claimed by right, codified in law, and adjudicated by law. India also acknowledged that respect for human rights was independent of a country's level of development.
Failure to guarantee the rights enshrined in law could be on two counts, he said. It could be, or be seen to be, a function of failure of enforcement, in which case the State should initiate remedial measures. But it could also be a function of lack of development and the environment for development. Seen in the latter context, the rights-based approach had an inadequacy. The rights- based approach to the question of resources for development -- which, in turn, promoted the fuller enjoyment of all human rights -- was unclear. Where the lack of enjoyment of rights was related to underdevelopment, rights alone were not sufficient. Rights needed to be backed and supported by resources and development initiatives. The true test of the rights-based approach would be that the resources required in that regard were a matter of right and not of charity. If the rights-based approach could not be extended to resources, it would then appear as an attempt to avoid or evade commitment of resources. The resources required to guarantee rights would not be a right, but an act of charity.
He said that while there was an increasing realization that poverty constituted the biggest threat to the effective enjoyment of human rights, and that that concern was admirably reflected in the High Commissioner's report, the failure of the international community to react to hunger, malnutrition and other violations of economic, social and cultural rights with the same outrage, assistance and solidarity remained puzzling. The adoption of the rights-based approach did not absolve from the need to address resources for development. There continued to be a tension between rights and resources, especially insofar as they concerned economic, social and cultural rights and the right to development, whose fulfilment and enjoyment required progressive
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realization, additional resources, and greater international cooperation. There were several factors in the international order, not least of a structural and macroeconomic nature, which limited the fulfilment of human rights by countries affected. Those factors included the debt burden, poor terms of trade, lack of technology and managerial expertise. The rights-based approach must also address those problems.
AZRA KALAJDZISALIHOVIC (Bosnia and Herzegovina) said it was only three years ago that her country was in flames, and the policy of ethnic cleansing and indiscriminate shelling of civilians was taking its toll in flagrant violation of the most basic of human rights -- the right to life. Today, slowly but steadily, peace was taking hold and the implementation of the Dayton/Paris Peace Agreements was having a gradual, positive impact. That impact gave strength and inspiration for further efforts and strengthened hope for a peaceful multi-ethnic, democratic, prosperous and united country.
She said that, since 15 December 1995, when the peace agrement was signed, peaceful and democratic general elections had been held throughout Bosnia and Herzegovina, constituting a major contribution to the improvement of the human rights situation. Media reform had promoted independent media, laid the groundwork for a legal framework, and focused attention on pressing issues that were holding back the peace process. An increasing number of indicted war criminals who had arrived at the International Criminal Tribunal for the Former Yugoslavia, either through voluntary surrender or by the actions of the Stabilization Force, gave an opportunity to build peace and reconciliation on the firm foundation of justice.
However, much work remained to be done, particularly in implementing some of the key provisions of the peace agreement, she said. Bosnia and Herzegovina was gravely concerned over the lack of full and consistent implementation of the peace agreement, particularly its key provisions on the return of refugees, full cooperation with the International Criminal Tribunal for the Former Yugoslavia, and strengthening and full functioning of the common institutions. The return of refugees and internally displaced persons was crucial to achieving a lasting, irreversible peace and the development of a multi-ethnic, democratic State in which nobody would consider themselves discriminated against because of ethnicity, religion or political affiliation. Cooperation with the International Tribunal was another very important aspect of the efforts to build a democratic society, ease the healing process and enhance the climate of tolerance and national reconciliation. Another essential segment of the reconciliation process was the issue of more than 19,000 missing persons. The fate of each and every one of them should be clarified, including the fate of 7,000 missing citizens of the United Nations-designated "safe area" of Srebrenica.
CHARALAMBOS ROCANAS (Greece) said a major source of concern was the human rights situation in Cyprus. Many believed Cyprus was thriving economically, and
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that it was one of six candidate countries to join the European Union, though the Union had insisted that the respect for human rights was a precondition for full membership. Others made the unacceptable argument that, though a solution to the problem had not been found and tensions persisted, the situation in Cyprus was not as dramatic as in other parts of the world, where grave violations of human rights took place on a regular basis and on a major scale. To those expressing similar queries, his Government would refer to the major principles of non- selectivity and indivisibility of all human rights. A violation of a human right that had not been redressed remained a violation, just as a refugee who had been denied for 24 years the right to free access and enjoyment of his property remained a refugee whose dignity as a human being was gravely affected, even if he may have moved forward with his life in the meantime.
There was a long list of flagrant violations of human rights in which the Turkish armed forces had been systematically engaged since 1974, he said. Of particular interest to the members of the Committee was the fact that it was not only the rights of the Greek Cypriots and the Maronites that were systematically violated in northern Cyprus. For instance, a Turkish Cypriot could not enjoy the right to advocate freely a speedy and peaceful solution to the problem, compatible with the principles of territorial integrity and sovereignty of the Republic of Cyprus, to the benefit of the whole population of the island. In fact, the expression of such views would put him at grave personal risk. Turkish Cypriots did not have the right to pursue regular contacts with members of the Greek Cypriot community nor could they be represented or participate in the negotiations on the future membership of Cyprus with the European Union. The Cyprus problem could not simply be ignored or allowed to fester as a dangerous precedent, if the formidable challenges in the field of human rights were to be confronted in an effective way.
KONGIT SINEGIORGIS (Ethiopia) said that as a least developed country, Ethiopia paid particular attention to the right to development and its effective implementation. She was pleased that the right to development was gradually gaining acceptance as an indivisible and integral part of all human rights, and that the rights-based approach to development had become one of the priorities in the work of the High Commissioner's Office, as well as in the activities and programmes of other United Nations systems involved in development activities.
Ethiopia had been embroiled in a civil war for about 30 years, during which time serious violations of human rights had been committed, she said. After the fall of the military regime in 1991, one of the primary tasks of the Government of Ethiopia had been to promote and respect the human rights of its citizens. The protracted and bitter struggle of the people of Ethiopia and their determination never to slide back in circumstances where human rights were violated with impunity had necessitated the adoption of strict legislative measures. The Constitution of Ethiopia placed great emphasis on human rights. In the past seven years, significant achievements had been made in Ethiopia.
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Respect for human rights above all demanded the prevalence of peace and stability, she said. Recent developments in the north gave rise to serious human rights concerns. Ever since the Eritrean Government had unleashed its naked aggression against Ethiopia on 12 May, it had persisted in violating the cardinal principles enshrined in all international human rights instruments. Eritrean forces had bombed two northern towns of Ethiopia, deliberately targeting civilian facilities such as schools, health centres and other socio-economic infrastructures. Over 300,000 people had been displaced and over 30,000 Ethiopians had been brutally expelled from Eritrea. Thousands more were stranded in a situation of total deprivation, and many had been held against their will.
It was the height of arrogance that the Eritrean Government, while consistently denying its criminal activities, was feverishly engaged in a futile propaganda campaign against Ethiopia with an avalanche of accusations of violations of human rights of Eritreans residing in Ethiopia, she said. As for the allegations of the expulsion of Eritrean nationals, all measures had been taken after careful consideration and with full transparency. At no time had the Government of Ethiopia violated the human rights of Eritreans in Ethiopia. Over a quarter of a million Eritreans continued to work and live peacefully in Ethiopia as they had done in the past. However, the national security interests of Ethiopia were supreme, and its Government had a legitimate right to guarantee the safety and security of its people against potential threats.
YELENA CVETANOVSKA (The former Yugoslav Republic of Macedonia) said in half a century an impressive infrastructure of standards had been created covering almost all categories of human rights. Those standards had inspired and guided the creation of constitutions, as well as human rights legislation in many countries, including the former Yugoslav Republic of Macedonia. However, the adoption of standards was merely a precondition for the effective enjoyment of human rights. The readiness of States, individually and jointly, to apply and respect those standards in practice was indispensable.
She said that the well-known triad of human rights, democracy and development was increasingly gaining its rightful place. The necessity of establishing a balance between economic, social and cultural rights, on the one hand, and civil and political rights, on the other, was recognized more and more. That positive trend should continue with even greater intensity since it was a matter of fact that the best preconditions for economic and social progress were democracy and the rule of law. It was also a fact that the improvement of the economic and social situation had a favourable impact on the improvement of the observance of civil and political rights, as well as on the reduction of tensions in a society. In that regard, special attention should be paid to the further affirmation and full implementation of the Declaration on Development.
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She said that the worrying examples of children involved in armed conflicts, child labour and the sexual abuse of children demanded the international community's maximum engagement in the prevention of those occurrences and more importantly in the elimination of their causes, which were often related to poverty, underdevelopment and lack of conditions for the education of children.
Regarding gender equality at the national and international levels, she said that although the results of United Nations deliberations and the work of international organizations were satisfactory, much remained to be done. The elaboration of the issue of protection of the human rights of national, ethnic, religious and linguistic minorities should continue with due attention, but in a more efficient manner.
Right of Reply
The representative of the Sudan said he would refer firstly to the statement of the representative of Austria, on behalf of the European Union, last Friday, in particular to the paragraph concerning the Sudan. He welcomed the reference made in that statement to the recognition of the European Union of the efforts made by various government organs in the field of human rights. No doubt, the recognition of violations in the war zones in the south as a result of the continuation of the war made it incumbent upon all to lend full support to the peace process.
The European Union was certainly aware of the genuine and sincere efforts by the Government to reach a peaceful and lasting solution that would address the root causes of the problem, he said. On the other hand, the Government was continuing its efforts to guarantee full participation, especially after the recent adoption of the Constitution, as well as the adoption by the Sudanese Parliament of the Political Parties Act that would ensure commencement of their activities as of January 1999.
The statement of the European Union indicated that there were reports of alleged human rights violations, he said. He assured the representative of Austria, and through him the members of the European Union, that the initiators of those reports had a hidden agenda and the objective to inflame the war and bring devastation to the innocent people of the Sudan.
The statement of the United States delegation on alleged violations of human rights in the Sudan was baseless and totally unacceptable. The people of the Sudan, and indeed in the whole of the African continent, knew what human rights meant for the United States: politicization, selectivity and double standards. For them, it was a tool of coercion, interference and confiscation of others' rights to determine their own ways and means. Africa was aware that the United States policies and practices were the greatest enemy to human rights. The United States being the backbone to apartheid was hard to forget. The United
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States rejection of the right to development was a stumbling block to Africa and the developing world. It was ironic to listen to the United States talking about human rights when it lacked both credibility and moral standing at home and abroad.
He said a recent document by Amnesty International had told of a persistent and widespread pattern of human rights violations in the United States. Across the country, thousands of people were subjected to sustained and deliberate brutality. Racism and racial discrimination contributed to the denial of the fundamental rights of countless men, women and children. The overwhelming majority of victims in many areas were members of racial or ethnic minorities.
The people of the Sudan were victims of United States actions against their human rights, he said. The flagrant attack and destruction of the El-Shifa pharmaceutical factory was a case in point, that ran counter to international humanitarian law and all other norms and Charters. No doubt such action had been condemned by the whole of the international community, and, according to the recent ministerial meeting of the "Group of 77" developing countries and China, the United States action was also against the right to development of the Sudanese people.
The destruction of a factory that produced life-saving medicines had worsened the humanitarian situation in the whole country, in particular, the south, he said. That was coupled with the United States' unilateral measures against the Sudan. The United States was also responsible for the prolongation of the war in the Sudan, through its policies of destabilization that brought misery and death to the innocent Sudanese people. When it came to human rights, Sudan was at the forefront, guided and inspired by the wealth of its traditions and values. For the United States, he said whoever spoke of human rights violations in other countries should remember to stop throwing stones from inside a glass house.
The representative of China said Norway, the European Union, the United States and a few countries had levelled accusations against China. The Chinese delegation rejected those accusations. China was a country that had practised the rule of law, and that had always practised human rights. It was also willing on the basis of dialogue and mutual understanding to narrow differences in the interest of human rights. His Government opposed statements of some countries on the question of human rights, and regretted to note that a few Western countries had once again spoke about China's human rights violations. That was obviously inconsistent with the approach of dialogue and cooperation of the United Nations. Those countries should pay attention to the human rights situation in their own countries.
He said China was party to 17 international conventions, including the Convention on the Elimination of All Forms of Discrimination against Women. The United States had not participated in many conventions, and for those it
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was party to, it had made many reservations. China sincerely hoped the United States would join those human rights conventions. The Chinese would again remind a few Western countries to give up the cold war mindset and come back to dialogue and cooperation.
The representative of Cuba wished he did not have to answer the accusations of the representative of Canada. Human rights was still a matter of great concern to its people. But in Canada, the rights of people, the minority people, were subjected to human rights violations. Cuba was also concerned about the alarmingly high number of deaths of aborigines and islanders in Australia, who constituted about 2 per cent of the population and who were overrepresented in the penal population.
The representative of Algeria said that the representatives of New Zealand, Canada and Australia had not resisted the temptation to go over the situations in various parts of the globe, but they had done so without sensitivity to the realities of the situations. The representative of New Zealand should have recalled the policies of his country towards the indigenous peoples there, who had been historically restricted in a number of areas. They continued to be in the worst situation in the country, beset by many social problems, and they had very little participation in the ruling of the country.
As for Canada, he said there were also violations of the human rights of its indigenous populations. Surely without bad faith, and probably as a result only of ignorance, the representative of Canada had misrepresented the situation in Algeria. The situation, as he had described it, existed only in his mind. Objective observers attested to the opposite of what he had been saying. Algeria was preparing for the planned presidential elections and the month of Ramadan. The statement by the representative of Australia obviously in no way reflected reality.
The three representatives had not condemned the acts of terrorism by which the people of Algeria suffered, and that omission removed their right to comment on the situation in Algeria, he said. Human rights were not the fiefdom of any one country.
The representative of the Democratic People's Republic of Korea said the statement by the United States representative was based on that country's political purpose against his country. The United States' slandering of his country was based on political motives, rather than the real situation. Because the Democratic People's Republic of Korea did not blindly follow the United States, it was abusing the issue of human rights as a means of isolating his country and overthrowing its system. Everyone enjoyed human rights and fundamental freedoms in the Democratic People's Republic of Korea. When he spoke of the situation in his country, the representative of the United States had ignored the consistent military threat and the harsh
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sanctions against his country, which were the greatest stumbling blocks to the full enjoyment of human rights by his people.
Because of all its efforts, the Government of the Democratic People's Republic of Korea enjoyed the unstinting support of its citizens, he said. It would be disgusting for the United States to urge other countries to respect human rights, as it lagged far behind in the application of human rights standards. The United States was reluctant to discuss its own problems openly. There were 26 million people starving in the United States, 47 million unable to receive medical attention. Tens of thousands of coloured people were discriminated against, there were more prisoners in the United States than in any other country, and prisoners were tortured. The United States also had a bad human rights record abroad. There were many human rights violations where United States' troops were stationed. Those were only a few examples of the human rights violations of the United States, which had been selected by Amnesty International because of its human rights record. The fact that it accused other countries of human rights violations was tantamount to a thief accusing another thief of stealing.
The representative of Iraq said the statements of the representatives of Canada, New Zealand and another country that had allied itself with those States had spoken of human rights violations in Iraq, but theirs was a tiresome reiteration of what the rapporteur had said, which his Government had rejected.
The representative of Eritrea said the issue of conditions of Eritreans in Ethiopia and the expulsion of Ethiopians from Eritrea and displaced persons had been verified by a European Union mission and United Nations agencies. If the representative of Ethiopia was calling his Government's statements a gimmick, what about the denunciation by the High Commissioner for Human Rights, the Secretary-General, Amnesty International, and the report that had appeared before the Third Committee as document A/53/494?
There were accounts of rape, he said, and cited the name of a woman from Wollo in Ethiopia who owned a bar in Assab. Unfortunately for the Ethiopian Government, she had sold the bar and left for Wollo a full year before the alleged crime in July 1997. The so-called letters of complaint to the High Commissioner for Human Rights were being orchestrated by Ethiopian embassies. There was a sample letter being directly distributed by the Ethiopian Embassy in Germany to Ethiopians throughout the world to participate in a letter writing campaign against Mary Robinson once she denounced Ethiopia's violation of the human rights of Eritreans and Ethiopians of Eritrean origin.
Also, the Organization of African Unity (OAU) had issued a press release declaring that the OAU delegation considered and adopted proposals constituting the elements of a framework agreement for peaceful settlement of the dispute
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between the two countries, he said. The Ethiopian Foreign Minister openly declared that the OAU had drawn a peace plan which had allegedly ordered Eritrea to withdraw troops from the Badme region. On the other hand, the Eritrean Government had issued a statement declaring that the OAU had called on both sides to reflect on the talking points handed over to them.
The Ethiopian Government accused Eritreans and Ethiopians of Eritrean origin whose human rights it had violated of being spies, he said. But a cross-section of those people would reveal that the so-called spies consisted of priests and nuns, international civil servants, including staff of the United Nations and the OAU, teachers and students. Contrary to the statement by the Ethiopian representative, when Eritrea attacked Mekelle after the Ethiopian attack on Asmara, it had destroyed several military aircraft on the ground, including MIG-jets. That attested to the purely military nature of the mission.
The representative of Malaysia said he was always intrigued by the practice of various countries to go on short trips around the world, looking at the human rights situations in countries other than their own. He said the representative of Canada had spoken about the Malaysian Government's use of the Internal Security Act to detain political opponents without trial. The Internal Security Act, by its very name, was a law about internal security, and had been passed by the Malaysian Parliament. Every State had a right to pass laws to ensure its security. It had been passed to protect Malaysians from acts that were detrimental to their well being.
In the face of the communist insurgency, the Internal Security Act had lead to the surrender of the communist terrorists, he said. It was not used to restrict free speech, but to stop threats to national security. Free speech did require responsibility, however, and those who incited violence were not entitled to freedom of speech to that end. The Internal Security Act was a necessary tool for security in Malaysia. Regarding the Canadian representative's comments on the treatment in custody of the former Deputy Prime Minister, he said that, as had been said before, his Government was seriously concerned about the allegations of mistreatment and was investigating what had happened.
The representative of Singapore responded to the statement by the representative of Canada expressing concerns about the death penalty in China. She referred to the statement she had made in exercise of her right of reply last Friday. The death penalty was not prohibited under international law. States had the right to impose the death penalty for the most serious crimes, as long as it was carried out in accordance with international safeguards. It was an issue on which States must agree to disagree.
The representative of Turkey, responding to the statements of the representative of Greece, said the Greek Cypriot leadership had openly and
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actively engaged in bloody and ethnic conflict. Turkey had acted in 1964 to protect Turkish Cypriots from the massacre. Greece had tried to annex Cyprus again in 1974. Greece was directly responsible for those events, so there was no basis for the representative of that country to accuse Turkey. His statements were distorted and full of half-truths. Turkey's actions in 1974 were in keeping with its obligations and were fully legitimate. Had it not acted, the fate of the Turkish Cypriots would not have been different from that of the Bosnians. It was a matter of the fundamental rights of Turkish Cypriots to defend themselves.
Citing a survey conducted by Greek academics, he said only 21 per cent of Greeks considered tolerance to be something to be encouraged; that 90 per cent of Greeks believed foreigners took away jobs, and 90 per cent were averse to Turks; 62 per cent were averse to Western Thrace Turks; and 72 per cent wanted them to go away. Considering contemporary forms of racism, that Greek survey was alarming.
The representative of Ethiopia responded to the representative of Eritrea. She said his objective was to create confusion by making false accusations of human rights violations of Eritreans in Ethiopia. The truth was that Eritrea had committed acts of aggression against Ethiopia and had illegally occupied Ethiopian territory. That was proved by the OAU Heads of State Committee in Ouagadougou as recently as last Sunday, 8 November. His country's occupation of parts of northern Ethiopia was a violation of human rights by itself.
Its systematic violation of human rights in those occupied areas had been independently verified, she said. Wary Witten of Princeton University had written a first hand testimony on the human rights situation in those areas. He had said that in an effort to divert attention from its aggression, Eritrea had attempted to shift the focus from its military attacks on Ethiopia to human rights abuses of Eritreans in Ethiopia. He also stated that Eritrea claimed to have taken no action against Ethiopians in Eritrea, but Ethiopians fleeing Eritrea told of systematic searches, beatings, torture, rape, burning and murder. His full testimony was available in document A/53/528.
That testimony illustrated the contemptuous attitude of the Eritrean Government, she said. Ordinary hard-working Ethiopians living in Eritrea suffered horrific ordeals. The Eritrean representative tried to trivialize the documents distributed by questioning their authenticity. That clearly demonstrated the level of arrogance of the Eritrean Government in not accepting responsibility for its actions.
The representative of Cyprus said despite his eloquence, the representative of Turkey defended a weak case. In a forum of human rights, he should have been cautious. Everyone knew of Turkish human rights violations
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-- including killings, disappearance of persons, and other violations. At least, he was willing to acknowledge that both sides were at some fault. There were 36,000 Turkish troops on Cyprus' soil. While Cyprus could never reconcile the Turkish invasion, it could consider both peoples living together some day.
The representative of Greece said that, regarding the allegations about Greek intolerance and Greek disrespect for human rights, he only had to remind everyone of Turkey's abysmal human rights record, not only in Cyprus, but with regard to Kurds and Armenians, Jews and other minorities. It was regrettable and the Turkish should refrain from throwing stones, as people in glass houses should not throw stones, and Turkish glass was of very low quality.
The representative of Eritrea said the Ethiopian representative had said he had made false accusations. He was not the only one; Mary Robinson, Kofi Annan and others had also made accusations of human rights violations against Ethiopia. He drew the attention of the Committee to a press release by the OAU high-level delegation on a peaceful settlement of the dispute between the two sides. He also quoted a statement of the chairman of the Ethiopian Human Rights Council in 1996, who said that there was a very serious ethnic and political tension in Ethiopia. It was not visible, and had not attracted attention. Did the international community have to wait until it saw blood and dead bodies on television screens? Little did he know that policy of ethnic cleansing would occur at such a staggering level and pose a danger to regional peace and security.
The representative of Turkey said his country was proud of its well- known tradition of tolerance. On the Cyprus issue, he said the Greeks and Greek Cypriots had made false and cynical allegations. He stressed that the state of mind they had displayed was reflective of why Greek Cypriots had been unable to live with Turkish Cypriots. A sense of realism was crucial for the two sides to be able to live together. The Greeks and Greek Cypriots must accept that there existed in Cyprus two distinct peoples who spoke two distinct languages and had two distinct political systems.
The representative of the Democratic People's Republic of Korea, with regard to the statement by the representative of Canada, said he did not feel the need to comment on the question of human rights. Canada had made those same statements last year too. Canada should refrain from making such comments immediately or face the consequences.
The representative of Ethiopia said the whole world knew it was Eritrea which had launched a flagrant aggression against Ethiopia in May and occupied its territory. That had been verified by third parties repeatedly. One common conclusion had been a request to the Eritrean Government to withdraw its forces from the Ethiopian territory it occupied by force since May 1998.
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Those recommendations had been made by two friendly countries -- Rwanda and the United States; and the resolutions of the OAU thirty-fourth Summit of Heads of State and the sixty-eighth session of the Council of Ministers. Also, Security Council resolution 1177 (1998), which had strongly supported the OAU resolution; the OAU high-level committee; and the twenty-first Conference of the Union of African Parliaments. Moreover, the OAU Committee of Heads of State and Government, at its first meeting in November this year, had again requested Eritrea to withdraw from Badme. Those facts could not be denied.
The representative of Cyprus said, in response to the representative of Turkey, that the positions he supported were those of the Security Council. The Turkish representative had referred to reality: in Cyprus the reality was the Turkish invasion and the massive violations of rights of Greek Cypriots. Another reality was Turkish interference in the internal affairs of Cyprus. As long as that continued, so would the problems between the two sides. Another reality was that no one was willing to accept Turkey's puppet regime in northern Cyprus.
The representative of Greece said he fully agreed with the representative of Cyprus. The reality created by the invasion by the Turkish was regrettable. If Turkey could live up to its international commitments, that would greatly enhance its credibility.
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