THIRD COMMITTEE APPROVES TEXTS ON HUMAN RIGHTS IN MYANMAR; CAMBODIA; AND BOSNIA AND HERZEGOVINA, CROATIA, FEDERAL REPUBLIC OF YUGOSLAVIA
Press Release
GA/SHC/3512
THIRD COMMITTEE APPROVES TEXTS ON HUMAN RIGHTS IN MYANMAR; CAMBODIA; AND BOSNIA AND HERZEGOVINA, CROATIA, FEDERAL REPUBLIC OF YUGOSLAVIA
19981119 Seven Draft Resolutions Approved; Four Texts IntroducedThe General Assembly would call for the full and consistent implementation of the General Framework Agreement for Peace in Bosnia and Herzegovina and the Basic Agreement on the Region of Eastern Slavonia, Baranja and Western Sirmium by all parties to them, under the provisions of one of seven draft resolutions approved by the Third Committee (Social, Humanitarian and Cultural) this afternoon.
Approved by a recorded vote of 132 in favour to none against, with 20 abstentions, the text on the situation of human rights in Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia would also have the Assembly stress the need for enhanced international human rights efforts to foster and effect the prompt and voluntary return of displaced persons and refugees in safety and dignity. (For details of the vote, see Annex II.)
Part III of the draft, which deals with the Federal Republic of Yugoslavia, was approved by a separate recorded vote, requested by Belarus, of 127 in favour to one against (Belarus), with 17 abstentions. (See Annex I.)
The Committee, acting without a vote, approved six other drafts this afternoon.
By the terms of one of those drafts, the Assembly would deplore the continuing violations of human rights in Myanmar, including extrajudicial and arbitrary executions, rape, torture, inhuman treatment, mass arrests, forced labour, forced relocation and denial of freedom of expression, assembly, association and movement. It would also urge the Government to cooperate fully with all United Nations authorities and bodies, in particular and without further delay with the Special Rapporteur.
Speaking before action, the representative of Myanmar said that despite the fact that the text was highly selective and extremely partial, some delegations had sought to shift the tone of the resolution in a positive direction. In deference to those delegations, he had not asked for a vote on the resolution.
Third Committee - 1a - Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
The Assembly would request the Secretary-General to assist the Government of Cambodia in ensuring the protection of the human rights of all people in the country, and condemn the use of racist rhetoric and acts of violence against ethnic minorities, especially Cambodians of Vietnamese ethnicity. It would also urge the Government of the country to take all appropriate measures to eliminate discrimination against women, including in the political and public life of the country.
By the terms of another draft, the Assembly would strongly condemn once again all the extrajudicial, summary or arbitrary executions that continue to take place throughout the world. It would demand that all Governments ensure that such practices be brought to an end and that they take effective action to combat and eliminate the phenomenon in all its forms.
By the terms of a draft on the human genome and human rights, the Assembly, aware of the rapid development of the life sciences and ethical concerns raised by certain of their applications with regard to human dignity, would endorse the Universal Declaration on the Human Genome and Human Rights adopted by the United Nations Educational, Scientific and Cultural Organization in November 1997.
By the terms of a text on strengthening the rule of law, also approved this afternoon, the Assembly would encourage the High Commissioner for Human Rights to continue the dialogue with other organs and agencies of the United Nations system, and to explore new synergies to obtain increased financial assistance for human rights and the rule of law.
Another draft would have the Assembly call upon governments, United Nations agencies and the international community as a whole to strengthen the emergency response capacity of the United Nations system, and in the context of burden-sharing, to continue to provide needed resources and operational support to refugees and countries of asylum in Africa.
Also this afternoon, the Committee heard the introduction of four draft resolutions. Under the provisions of those texts, the Assembly would:
-- Urge States to give consideration to the preparation of a convention on the right to development as one of the most important steps towards the effective realization of the right to development;
-- Call upon Member States, intergovernmental organizations and the specialized agencies to continue to carry out constructive dialogue and consultations for the enhancement of understanding and the promotion and protection of all human rights and fundamental freedoms; and
-- Urge all States to cooperate fully, without delay, with the International Criminal Tribunal for Rwanda; and urge the Government of Rwanda
Third Committee - 1b - Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
to give utmost priority to the prosecution and punishment of crimes of sexual violence against women.
Another draft on the situation of human rights in Rwanda was introduced by the representative of that country. By its terms, the Assembly would request the High Commissioner to support the Government of Rwanda in training national human rights monitors and initiating human rights education programmes.
The Committee will meet again at 3 p.m. tomorrow, 19 November, to continue its deliberations.
Committee Work Programme
The Third Committee (Social, Humanitarian and Cultural) met this afternoon to take action on texts concerning the report of the United Nations High Commissioner for Refugees; strengthening of the rule of law; the situation of human rights in Cambodia; extrajudicial, summary or arbitrary executions; the human genome and human rights; the situation of human rights in Myanmar; and the situation of human rights in Bosnia and Herzegovina.
It was also scheduled to hear the introduction of texts relating to the enhancement of international cooperation in the field of human rights; the right to development; and two drafts on the situation of human rights in Rwanda.
Drafts for Action
By the terms of a draft resolution submitted by the United Republic of Tanzania, on behalf of the African Group of States, and Yemen on assistance to refugees, returnees and displaced persons in Africa (document A/C.3/53/L.53), the Assembly would urge States and the international community to ensure that the civilian and humanitarian nature of refugee camps is not compromised by the presence of armed elements. The Assembly would express deep concern at the serious and far-reaching consequences of large numbers of refugees and displaced persons in the receiving countries and the implications for security, long-term socio-economic development and the environment.
The Assembly would call upon the Office of the High Commissioner for Refugees and other concerned entities to intensify protection activities by, among other things, supporting the efforts of African Governments through appropriate capacity-building activities, including training of relevant officers, disseminating information about refugee instruments and principles and providing financial, technical and advisory services to accelerate the enactment or amendment and implementation of legislation relating to refugees. It would appeal to Governments, the United Nations, intergovernmental and non- governmental organizations and the international community to create conditions to facilitate the voluntary return in safety and dignity and the early rehabilitation and reintegration of refugees, and would also appeal to the international community to respond in the spirit of solidarity and burden- sharing, to the third-country resettlement requests of African refugees.
The Assembly would call upon the Office of the High Commissioner to continue to work closely with the Organization of African Unity (OAU) and Member States at identifying solutions to all outstanding refugee problems. It would express concern about the long stay of refugees in certain African countries and would call upon the Office of the High Commissioner to keep its programmes under review in conformity with its mandate in the host countries, taking into account the increasing requirements there. The Assembly would urge the international community to continue to fund the general refugee programmes
Third Committee - 3 - Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
of the Office of the High Commissioner, taking into account the substantially increased needs of programmes in Africa.
The Assembly would call upon Governments, United Nations agencies, non- governmental organizations and the international community as a whole to strengthen the emergency response capacity of the United Nations system and in the context of burden-sharing to continue to provide needed resources and operational support to refugees and countries of asylum in Africa until a durable solution can be found. It would further call upon the international donor community to provide increased material and financial assistance to the countries of asylum for the implementation of programmes intended for the rehabilitation of the environment, infrastructure and other sectors, affected by refugees in countries of asylum.
The Office of the High Commissioner would be called upon to make renewed efforts to ensure that the rights, needs and dignity of elderly refugees are fully respected and addressed through appropriate programme activities. That same call would be made upon the Secretary-General, the Office of the High Commissioner and intergovernmental, regional and non-governmental organizations, in conjunction with States, to increase the capacity for coordination and delivery of humanitarian emergency assistance and disaster relief.
Finally, the Assembly would request the Secretary-General to submit a comprehensive report on the situation of refugees, returnees and displaced persons in Africa to the General Assembly at its fifty-fourth session, taking fully into account the efforts expended by countries of asylum, and to present an oral report to the Economic and Social Council at its substantive session of 1999.
By the terms of a draft resolution on strengthening of the rule of law (document A/C.3/53/L.35), the General Assembly would express its deep concern at the scarcity of means at the disposal of the Office of the High Commissioner for Human Rights for the fulfilment of its tasks. It would welcome the deepening of the ongoing cooperation between the United Nations High Commissioner for Human Rights and other relevant bodies and programmes of the United Nations system, with a view to enhancing system-wide coordination of assistance in human rights, democracy and the rule of law.
The Assembly would encourage the High Commissioner to continue the dialogue with other organs and agencies of the United Nations system, taking into account the need to explore new synergies with a view to obtaining increased financial assistance for human rights and the rule of law. It would also encourage the High Commissioner to continue to explore the possibility of further contact with and support of financial institutions, acting within their mandates, with a view to obtaining technical and financial means to strengthen the capacity of the Office of the High Commissioner to provide
Third Committee - 4 - Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
assistance to national projects aiming at the realization of human rights and the maintenance of the rule of law.
The High Commissioner would be requested to continue to accord high priority to the technical cooperation activities undertaken by her Office with regard to the rule of law. The Secretary-General would be requested to submit a report to the Assembly at its fifty-fifth session on the results of the contacts established in accordance with the present resolution, as well as any other developments pertaining to the implementation of the above mentioned recommendations of the World Conference on Human Rights.
The draft resolution is sponsored by: Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bangladesh, Barbados, Belarus, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Bulgaria, Burundi, Cameroon, Canada, Cape Verde, Chile, Colombia, Costa Rica, Côte d'Ivoire, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Equatorial Guinea, Fiji, Finland, France, Georgia, Germany, Greece, Guatemala, Guinea-Bissau, Guyana, Haiti, Honduras, Iceland, Ireland, Israel, Italy, Japan, Kazakhstan, Kenya, Lesotho, Liberia, Liechtenstein, Luxembourg, Madagascar, Malawi, Mali, Malta, Marshall Islands, Micronesia, Monaco, Mongolia, Morocco, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Norway, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, San Marino, Senegal, Slovakia, Slovenia, South Africa, Spain, Sweden, Thailand, The former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Ukraine, United Kingdom, United States, Uruguay, Venezuela, Zambia and Zimbabwe.
By the terms of a draft text on the situation of human rights in Cambodia (document A/C.3/53/L.39), the Assembly would express grave concern about numerous instances of violations of human rights, including extrajudicial executions, torture, illegal arrest and detention, and violence in relation to political activities, as detailed in the reports of the Special Representative, during the recent election campaign and its immediate aftermath, and would call upon the Government of Cambodia to investigate urgently and prosecute, in accordance with due process of the law and international standards relating to human rights, all those who have perpetrated human rights violations.
The Assembly would also express grave concern at the situation of impunity in Cambodia and stress that addressing the continuing problem of impunity, as detailed by the Special Representative, including the repeal of article 51 of the 1994 Law on Civil Servants, and bringing to justice those responsible for human rights violations, together with ensuring security of persons and rights of association, assembly and expression, remains a matter of critical and urgent priority.
Third Committee - 5 - Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
The Assembly would condemn the use of racist rhetoric and acts of violence against ethnic minorities, especially Cambodians of Vietnamese ethnicity, detailed in the report of the Special Representative, and urge all political parties in Cambodia to abstain from statements or activities that could be interpreted as incitement against ethnic minorities. It would stress the need for the Government of Cambodia to improve the implementation of the freedoms laid down in the Cambodian Constitution with regard to the operation of a free electronic and print media and the security of persons and rights of association, assembly and expression, in view of the critical role they play in the effective functioning of a multi-party democracy.
The Assembly would endorse the comments of the Special Representative that the most serious human rights violations in Cambodia in recent history have been committed by the Khmer Rouge, and note with concern that no Khmer Rouge leaders have been brought to account for their crimes. It would note with serious concern the prevalence of child labour in Cambodia and call on that Government to ensure adequate health and safety conditions and access to education for working children and to outlaw the worst forms of child labour.
The Assembly would urge the Government of Cambodia to take all appropriate measures to eliminate discrimination against women, including in the political and public life of the country, to combat violence against women in all its forms, and to take all steps to meet its obligations as a party to the Convention on the Elimination of All Forms of Discrimination against women, including by seeking technical assistance.
The Assembly would express grave concern at the devastating consequences and destabilizing effects of the use of anti-personnel landmines in Cambodian society, and encourages the Government to continue its support and efforts for the removal of those mines, including the work of the Cambodian Mine Action Centre. It would commend donor countries for their contributions and assistance to the Centre, and urge the Government to give priority to banning all anti-personnel landmines. Further, the Assembly would decide to continue its consideration of the situation of human rights in Cambodia at its fifty-fourth session.
The draft resolution is sponsored by Andorra, Australia, Austria, Belgium, Canada, Costa Rica, Denmark, Finland, Germany, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, Romania, Spain, Sweden, United Kingdom and United States.
By the terms of a draft resolution on extrajudicial, summary or arbitrary executions (document A/C.3/53/L.41), the General Assembly would strongly condemn once again all the extrajudicial, summary or arbitrary executions that continue to take place throughout the world. The Assembly would demand that all Governments ensure that the practice of extrajudicial,
Third Committee - 6 - Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
summary or arbitrary executions to be brought to an end and that they take effective action to combat and eliminate the phenomenon in all its forms.
The Assembly would reiterate the obligation of all Governments to conduct exhaustive and impartial investigations into all suspended cases of extrajudicial, arbitrary or summary executions, to identify and bring to justice those responsible, to grant adequate compensation to the victims or their families and to adopt all necessary measures to prevent the recurrence of such executions. Further, the Assembly would strongly urge all Governments to respond to the communications transmitted to them by the Special Rapporteur, and urges them and all others concerned to cooperate with and assist the Special Rapporteur so that she may carry out her mandate effectively, including issuing invitations to the Special Rapporteur when she so requests.
The Special Rapporteur would be urged to continue to draw to the attention of the United Nations High Commissioner for Human Rights such situations of extrajudicial, summary and arbitrary executions as are of particularly serious concern to her or where early action might prevent further deterioration. The Assembly would call upon the Governments of all States in which the death penalty has not been abolished to comply with their obligations under relevant provisions of international human rights instruments, keeping in mind the safeguards provided for various articles of the International Covenant on Civil and Political Rights appears not to have been respected.
The draft resolution is sponsored by Andorra, Argentina, Armenia, Austria, Belgium, Bulgaria, Canada, Chile, Costa Rica, Côte d'Ivoire, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Madagascar, Monaco, Netherlands, New Zealand, Norway, Panama, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, San Marino, Slovakia, Slovenia, South Africa, Spain, Sweden, The former Yugoslav Republic of Macedonia, United Kingdom and Ukraine.
By the terms of a resolution on the human genome and human rights (document A/C.3/53/L.49), the Assembly, aware of the rapid development of the life sciences and of ethical concerns raised by certain of their applications with regard to the dignity of the human race and the rights and freedoms of the individual, would endorse the Universal Declaration on the Human Genome and Human Rights adopted by the United Nations Educational, Scientific and Cultural Organization (UNESCO) on 11 November 1997.
The draft is sponsored by Andorra, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bosnia and Herzegovina, Bulgaria, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Chile, Congo, Côte d'Ivoire, Croatia, Cuba, Cyprus, Democratic Republic of the Congo, Djibouti, Dominican Republic, Ethiopia,
Third Committee - 7 - Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
Fiji, France, Gabon, Georgia, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Hungary, Honduras, India, Indonesia, Iraq, Ireland, Italy, Japan, Kazakhstan, Lao People's Democratic Republic, Lebanon, Lithuania, Luxembourg, Madagascar, Mali, Mauritania, Monaco, Morocco, Myanmar, Nepal, Niger, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Moldova, Romania, Russian Federation, San Marino, Senegal, Sierra Leone, Slovakia, Spain, Thailand, The former Yugoslav Republic of Macedonia, Togo, Tunisia, Turkmenistan, Uruguay, Uzbekistan and Venezuela.
By the terms of a draft resolution on the situation of human rights in Myanmar (document A/C.3/53/L.59), the Assembly would urge the Government of Myanmar to cooperate fully with all United Nations authorities and bodies, in particular and without further delay with the Special Rapporteur, and to ensure his access to Myanmar, without preconditions, to establish direct contact with the Government and all other sectors of society to allow him fully to discharge his mandate. The Assembly would deplore the continuing violations of human rights in Myanmar, including extra judicial and arbitrary executions, rape, torture, inhuman treatment, mass arrests, forced labour, forced relocation and denial of freedom of expression, assembly, association and movement, as reported by the Special Rapporteur.
The Assembly would strongly urge the Government of Myanmar to release immediately and unconditionally detained political leaders and all political prisoners, to ensure their physical integrity and to permit them to participate in the process of national reconciliation. It would also urge that Government to urgently expand and intensify its contacts with the National League for Democracy with a view to engaging in a substantive political dialogue with the General Secretary of the League, Aung San Suu Kyi, and other political leaders, including the representative of ethnic and other groups, as the best means of promoting national reconciliation and the full and early restoration of democracy.
By further terms of the draft, the Assembly would strongly urge the Government of Myanmar, taking into account its assurances given at various times, to take all necessary steps towards the restoration of democracy in accordance with the will of the people as expressed in the democratic elections held in 1990 and to ensure that political parties and non- governmental organizations can function freely. The Government would be strongly urged to take all appropriate measures to allow all citizens to participate freely in the political process, in accordance with the principles of the Universal Declaration of Human Rights, and to accelerate the process of transition to democracy.
The Government would be further called upon to implement fully the recommendations made by the Special Rapporteur and strongly urged to fulfil its obligations with regard to the Convention on the Rights of the Child, among other international human rights instruments. The Government and other parties to the hostilities would be called upon to respect fully obligations
Third Committee - 8 - Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
under international humanitarian law, including article 3 common to the Geneva Conventions of 1949. The Assembly would express concern that the human rights situation in Myanmar, and the lack of stability, has resulted in flows of refugees to neighbouring countries, and may cause further negative effects for these countries, and therefore call upon that Government to create the necessary conditions to ensure an end to the movements of refugees to neighbouring countries and to create conditions conducive to their voluntary return and their full reintegration, in conditions of safety and dignity.
The Secretary-General would be requested to continue his discussions on the situation of human rights and the restoration of democracy with the Government of Myanmar, and to submit additional reports to the Assembly during its fifty-third session on the progress of these discussions, and to report to the Assembly at its fifty-fourth session and to the Commission on Human Rights at its fifty-fifth session on the progress made in the implementation of the present resolution.
The draft resolution is sponsored by Andorra, Australia, Austria, Belgium, Bulgaria, Costa Rica, Czech Republic, France, Gambia, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Monaco, New Zealand, Portugal, Romania, San Marino, Slovakia, Spain, Sweden and United Kingdom.
By the terms of draft resolution on the situation of human rights in Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (document A/C.3/53/L.60), the Assembly would call for an immediate end to illegal and/or hidden detention by all parties, in particular the Federal Republic of Yugoslavia, and request the 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 to investigate any and all allegations of hidden detainees. The Assembly would call upon all parties and States in the region to ensure that the promotion and protection of human rights and effective, functioning democratic institutions will be central elements in the new civilian structures, as reaffirmed at the meetings of the Steering Board and the Peace Implementation Conference.
The Assembly would urgently call upon all States and all parties to the Peace Agreement that have not done so to meet their obligations to cooperate fully with the International Criminal Tribunal for the Former Yugoslavia, as required by Security Council resolution 827 (1993) and all subsequent related resolutions, including with respect to surrendering persons indicted by the International Tribunal, and urge all States to cooperate fully with the Tribunal and its organs, including obligation of States to comply with requests for assistance, or orders issued by a Trial Chamber, by helping to ensure that persons indicted by the Tribunal stand trial before it, and urge the Secretary-General to support the Tribunal to the fullest extent possible.
The Assembly would strongly condemn the continuing refusal of the authorities in the Federal Republic of Yugoslavia as well as those responsible
Third Committee - 9 - Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
in the Republika Srpska to comply with their obligation to arrest and transfer to the custody of the International Tribunal those indicted known to be present in their territories or territories under their control, among others, Radovan Karadzic, Ratko Mladic, Milan Martic, Mile Mrksic, Miroslav Radic and Veselin Sljivancanin, and urge all parties to the Peace Agreement to comply fully with their obligations and to intensify their efforts in that regard. It would call upon all parties to the Peace Agreement to take immediate steps to determine the identity, whereabouts and fate of missing persons, among others, near Bugojno, Srebrenica, Zepa, Prijedor, Sanski Most and Vukovar, including through close cooperation with the United Nations, as well as with humanitarian organizations and independent experts, and stress the importance of coordination in that area.
Regarding Bosnia and Herzegovina in part I of the resolution, the Assembly would express serious concern about continuing human rights violations within Bosnia and Herzegovina and delays in the full implementation of the human rights provisions of the Peace Agreement, notably in bringing legislation into compliance with the human rights provisions of the country's national Constitution, and in implementing that legislation. It would urge the authorities of Bosnia and Herzegovina, in particular those in the Republika Srpska, to ensure full and free access to all institutions and organizations concerned with the implementation of the present resolution, including non-governmental organizations, and to provide for the protection of the above-mentioned organizations, especially those providing humanitarian assistance.
The Assembly would call upon the Commission on Human Rights for Bosnia and Herzegovina (the "Commission") to intensify its activities concerning alleged or apparent discrimination or violations of human rights of any kind. It would also call upon all authorities in Bosnia and Herzegovina to cooperate fully with the Commission, and specifically call upon the Republika Srpska to increase its cooperation with the Commission. It would urge all parties in Bosnia and Herzegovina immediately to create conditions conducive to the voluntary return, in safety and dignity, of refugees and internally displaced persons to their homes, with equal emphasis on minority returns, to pass quickly in Bosnia and Herzegovina the necessary legislation on property rights, to pursue the full and speedy implementation of new property and housing legislation enacted in the Republika Srpska in April, to cooperate with and support the work of the Commission for Real Property Claims of Displaced Persons to resolve outstanding property claims, and to end practices of discrimination based on ethnic or political grounds.
It would call for the establishment without delay in the Republika Srpska of institutions for the protection of human rights, in particular a human rights ombudsman.
In part II, concerning the human rights situation in the Republic of Croatia, the Assembly would urge Croatia to implement fully its Programme for
Third Committee - 10 - Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
the Re-establishment of Confidence, Acceleration of Return and Normalization of Living Conditions in the War-affected Areas of the Republic of Croatia and its refugee return programme in cooperation with the Office of the United Nations High Commissioner for Refugees, and demand that Croatia take immediate steps to facilitate the minorities return to their homes in all regions, to use all available means to assure their safety and human rights, to resolve property rights issues within the framework of the rule of law and in conformity with international standards, to make a sustained effort to provide equal access to assistance in social and housing reconstruction, regardless of ethnicity, to continue to allow access to that population by humanitarian organizations and to maintain its cooperation with the civilian police monitors mandated by the Organization for Security and Cooperation in Europe (OSCE) in Croatia.
The Assembly would call upon the Government of Croatia to undertake greater efforts to adhere to democratic principles and to continue its efforts to attain the highest level of compliance with international norms and standards of human rights and fundamental freedoms, especially in regard to strengthening the independence of its judiciary, to freedom of association and assembly, and to the promotion and protection of free and independent media, in particular by providing for the full freedom of expression in and access to all forms of media.
The Assembly would strongly urge the impartial application of the law by Croatia and the swift and complete implementation of judicial decisions for all citizens, irrespective of ethnicity, religion or political affiliation. It would call upon Croatian authorities to prevent harassment, looting and physical attacks against displaced Serbs and other minorities, and in particular to end all involvement by Croatian military and police officials in such incidents, and speedily to arrest those committing or instigating acts of violence and intimidation aimed at preventing the return of Croatian Serbs or others to their homes. It would call upon the Government of Croatia to ensure the non-discriminatory application of the amnesty law and to strengthen measures to end all forms of discrimination by Croatian authorities in the areas of property rights, employment, education, pensions and health care, among others.
The Assembly would, regarding the situation of human rights in the Federal Republic of Yugoslavia, in part III of the draft, call upon the authorities of the Federal Republic of Yugoslavia to end any torture and other cruel, inhuman or degrading treatment or punishment of persons in detention, as described in the reports on the Special Rapporteur on the situation of human rights in Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia, and to bring those responsible to justice. It would strongly urge the Government of the Federal Republic of Yugoslavia to institutionalize democratic norms, especially in regard to respect for the principle of free and fair elections, the rule of law, the administration of justice, the promotion and protection of free and independent media, and full respect for
Third Committee - 11 - Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
human rights and fundamental freedoms, and call upon the authorities in the Federal Republic of Yugoslavia specifically to repeal repressive laws on universities and the media.
The Government of the Federal Republic of Yugoslavia would be demanded to immediately cease all harassment and hindrance of journalists, whatever their ethnicity or national origin and wherever within the Federal Republic of Yugoslavia they may be practising their professions, repeal repressive laws on universities and the media, which suppress any and all internal dissent or expression of independent views, and concomitantly respect the right of free speech. It would urge all parties, groups and individuals in the Federal Republic of Yugoslavia to act with full respect for human rights, to refrain from all acts of violence and to act with respect for the rights and dignity of all persons belonging to minority groups.
The Assembly would strongly urge the authorities of the Federal Republic of Yugoslavia immediately to bring to justice any persons, in particular those of its personnel, who have engaged in or authorized human rights abuses against the civilian population, including summary executions, indiscriminate attacks on civilians, indiscriminate destruction of property, mass forced displacement of civilians, the taking of civilian hostages, torture and other cruel, inhuman or degrading treatment or punishment and, in that context, remind the Government of the Federal Republic of Yugoslavia of its obligations to cooperate fully with the International Tribunal for the Former Yugoslavia and the United Nations High Commissioner for Human Rights.
The Assembly would further call upon the Federal Republic of Yugoslavia to revoke all discriminatory legislation and to apply all other legislation without discrimination against any ethnic, national, religious or linguistic group, to ensure the speedy and consistent investigation of acts of discrimination and violence against refugees and internally displaced persons, and to ensure the arrest and punishment of those responsible for acts of discrimination and violence. It would also call upon the Government of the Federal Republic of Yugoslavia to respect the rights of all persons belonging to minority groups, especially in the Sandjak and Vojvodina, and of persons belonging to the Bulgarian minority, and support the unconditional return of the long-term missions of the OSCE, as called for by the Security Council in its resolutions 855 (1993) and 1160 (19980.
The Assembly would further call upon the Government of the Federal Republic of Yugoslavia to respect the democratic process and to act immediately to enable the establishment of genuine democratic self-governance in Kosovo, through a negotiated political settlement with representatives of the ethnic Albanian community, to cease all restrictions on freedom of expression or assembly, to ensure that all the residents of the region are guaranteed equal treatment and protection regardless of ethnic affiliation, and call upon all individuals or groups in Kosovo to resolve the crisis there through peaceful means.
Third Committee - 12 - Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
It would demand that the Federal Republic of Yugoslavia take immediate steps to allow for and to create conditions for the return of internally displaced persons and refugees in safety and dignity. It would call upon the authorities of the Federal Republic of Yugoslavia to cooperate fully with the Office of the United Nations High Commissioner for Refugees and other humanitarian organizations to alleviate the suffering of refugees and internally displaced persons and to assist in their unimpeded return to their homes. It would call upon States to consider additional voluntary contributions to meet the pressing human rights and humanitarian needs in the area, and underline the need for continued coordination among States, international organizations and non-governmental organizations of initiatives and programmes with the aim of avoiding duplication, overlap and working at cross-purposes.
The draft resolution is sponsored by Albania, Andorra, Australia, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Czech Republic, Denmark, Djibouti, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Jordan, Kuwait, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Morocco, Netherlands, Norway, Pakistan, Portugal, San Marino, Slovakia, Slovenia, Spain, Sweden, Turkey, United Kingdom and United States.
Drafts for Introduction
Under the provisions of a draft resolution on the enhancement of international cooperation in the field of human rights (document A/C.3/53/L.57), the Assembly would call upon Member States, intergovernmental organizations and the specialized agencies to continue to carry out constructive dialogue and consultations for the enhancement of understanding and the promotion and protection of all human rights and fundamental freedoms, and encourage non-governmental organizations to contribute actively to that endeavour. It would invite States and all relevant United Nations human rights mechanisms and procedures to pay continued attention to the importance of mutual cooperation, understanding and dialogue in ensuring the promotion and protection of all human rights; and it would decide to continue the consideration of that question at its fifty-fourth session.
The resolution is sponsored by South Africa (on behalf of the Non- Aligned Movement) and China.
By the terms of draft resolution on the right to development (document A/C.3/L.58), the Assembly would reiterate the importance of the Vienna Declaration and Programme of Action, which affirms the right to development, as established by the Declaration on the Right to Development, as a universal and inalienable right and an integral part of fundamental human rights. It would emphasize that the serious problem of the foreign debt burden remains one of the most critical factors adversely affecting economic, social,
Third Committee - 13 - Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
scientific and technical development and living standards in many developing countries, with serious effects of a social nature.
The Assembly would express its concern that official development assistance (ODA) has fallen for five consecutive years, from 0.33 per cent in 1992 to 0.22 per cent in 1997, its lowest level ever, with serious consequences for the realization of the right to development in developing countries, and urge the developed countries to reverse that trend in accordance with the commitment undertaken to fulfil as soon as possible the agreed United Nations target of 0.7 per cent of their gross national product (GNP) for ODA. It would call upon the developed countries to mobilize further resources for development assistance in a spirit of cooperation and solidarity. It would also express concern that, while developing countries constitute the majority of the membership of the international economic, monetary and financial institutions which form an integral part of the decision-making process at the global level on macroeconomic policy issues, their institutionalized lack of participation has far-reaching impacts on the world economy, often with negative implications for the exercise of the right to development in developing countries.
The Assembly would further express concern that the volatility of short- term capital flows and the weaknesses of the international financial system can have negative consequences on the realization of the right to development. It would call upon the Commission on Human Rights to continue to make proposals to the General Assembly, through the Economic and Social Council, on the future course of action on the question, in particular on practical measures for the implementation and enhancement of the Declaration on the Right to Development, including comprehensive and effective measures to eliminate obstacles to its implementation.
The Assembly would recognize that the fiftieth anniversary of the Universal Declaration of Human Rights provides an important opportunity to place all human rights at the top of the human rights agenda, and in that context, the right to development in particular. It would decide, on the occasion of the fiftieth anniversary of the Universal Declaration of Human rights, to include the Declaration on the Right to Development in the International Bill of Human Rights. Further, it would call upon the Secretary-General to take necessary measures in that regard, among other things, through the publication of the modified International Bill of Human Rights and to ensure the widespread dissemination thereof.
The Assembly would urge States to give consideration to the preparation of a convention on the right to development as one of the most important steps towards the effective realization of the right to development. It would encourage all States to address, within the declarations and programmes of action adopted by the relevant international conferences convened by the United Nations, the elements for the promotion and protection of the
Third Committee - 14 - Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
principles of the right to development as set out in the Declaration on the Right to Development.
The draft resolution is sponsored by South Africa, on behalf of members of the Movement of Non-Aligned Countries, and China.
By the terms of a draft resolution on the situation of human rights in Rwanda (document A/C.3/53/L.28), the General Assembly, noting with satisfaction the report of the Special Representative of the Commission on Human Rights, would express its appreciation to the Governments and non-governmental organizations which have supported and continue to support Rwanda in the area of human rights, and to the United Nations High Commissioner for Human Rights. It would request the High Commissioner to support the Government of Rwanda in the following priority areas: training national human rights monitors; initiating human rights education programmes in formal and informal education; providing the National Human Rights Commission with the necessary financial and technical assistance.
By further terms of the draft, the Assembly would initiate a human rights public-awareness campaign using media resources, and establishing a national centre for human rights as an information clearing house and training centre. It would further decide to consider the situation of human rights in Rwanda at its fifty-fourth session, in light of the report of the Special Representative of the Commission on Human Rights and the progress made by the Government of Rwanda in that regard.
The draft resolution is sponsored by Burundi, Niger, Rwanda, Swaziland and Uganda.
By the terms of another draft resolution on the situation of human rights in Rwanda (document A/C.3/53/L.29), the General Assembly would express its deep concern at the widespread and serious violations of human rights and international humanitarian law in Rwanda, in particular at the high number of disappearances and killings in the context of the armed conflict in the northwest and would reiterate its strong condemnation of the crime of genocide, crimes against humanity and all other violations of human rights perpetrated in Rwanda.
By the terms of the same draft, the Assembly would deeply regret that, despite the continued efforts of the High Commissioner for Human Rights, no agreement could be reached between the Government of Rwanda and the United Nations High Commissioner for Human Rights on a new mandate for the Human Rights Field Operation in Rwanda, which consequently led to the withdrawal of the Field Operation from Rwanda on 28 July. It would urge the Government of Rwanda to undertake a broad public debate aimed at further strengthening the functioning and independence of the National Human Rights Commission and urge the Government of Rwanda to work with the United Nations High Commissioner for
Third Committee - 15 - Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
Human Rights to facilitate the debate, and encourage the United Nations High Commissioner for Human Rights to continue to provide appropriate assistance.
The Assembly would also urge the Government of Rwanda to give utmost priority to the prosecution and punishment of crimes of sexual violence committed against women, in line with the recommendations of the Special Rapporteur on violence against women. Further, it would stress the need for continued efforts by the Government of Rwanda to ensure the independence of the judiciary and to further strengthen the capacity of the judicial system, particularly to take additional steps to ensure full respect of fair trial guarantees, as required by Rwandan law, article 14 of the International Covenant on Civil and Political Rights, and other international safeguards. It would decide to keep the situation of human rights in Rwanda under consideration at its fifty-fourth session, in the light of additional elements provided by the Commission on Human Rights and the Economic and Social Council.
The draft resolution is sponsored by Andorra, Canada, Czech Republic, Hungary, Ireland, Latvia, Luxembourg, Netherlands, Norway, Slovakia and the United States.
Introduction of Drafts
PERCIVAL MOFOKENG (South Africa) introduced the draft resolution on the enhancement of international cooperation in the field of human rights (document A/C.3/53/L.57).
Mr. MOFOKENG (South Africa) also introduced the draft resolution on the right to development (document A/C.3/53/L.58).
GIDEON KAYINAMURA (Rwanda) introduced the draft resolution on the situation of human rights in Rwanda (document A/C.3/53/L.28), and noted that there was another draft resolution on the same topic (document A/C.3/53/L.29) being introduced. Consultations were being held on the possibility of reaching consensus so that one resolution would result, he added.
ROSS HYNES (Canada) introduced the draft resolution on the situation of human rights in Rwanda (document A/C.3/53/L.29).
He said the following had joined as additional co-sponsors of the draft: Austria, Belgium, Chile, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Japan, Lithuania, Monaco, New Zealand, Portugal, Slovakia, Slovenia, Sweden, Spain and United Kingdom.
Continuing, he said there had been progress in the field of human rights in Rwanda. One setback was the withdrawal of the United Nations Field Operations. He said he had submitted a copy of the draft resolution to the Rwandan Government, with a view to holding discussion and reaching a consensus
Third Committee - 16 - Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
on the draft. Rather than take up the offer, the Rwandan Government had submitted its own resolution. Now that the Rwandan Government and interested parties were holding dialogue, his Government hoped there would be a coming together of views, which would be reflected in a single revised resolution on the item in question. With that in mind, extensive changes had been made so that a revised resolution could be tabled, but differences remained, particularly on two paragraphs. He expressed hope that consensus could be reached on a new draft resolution by tomorrow.
MANKEUR NDIAYE (Senegal) said some African delegations, like his own, were in a difficult position as there were two resolutions on one country. His Government, on behalf of the African Group of countries, expressed the hope that consultations between Rwanda and Canada would achieve a consensus so that one draft could be submitted. He asked if the new revised draft reflected a reaching of consensus.
The CHAIRMAN said the representative of Senegal had pinpointed a difficulty. With two drafts on one country he had requested the Vice-Chairman of the Committee to help in working with a compromise text. Intensive consultations had been going on, and there were problems with two paragraphs only. Today, however, the Committee should only consider the two draft resolutions already introduced, L.28 and L.29.
Mr. HYNES (Canada) said that a new draft was close to reaching consensus.
Mr. KAYINAMURA (Rwanda) said he took exception to the insinuation made by the representative of Canada that his country had gone ahead with its own resolution without consulting anyone. In fact, the Government of Rwanda had informed the Government of Canada long before regarding its draft resolution, and had distributed the text widely. Meanwhile, he said his Government welcomed the efforts to submit a revised draft, on which consultations were going on. As it stood, there were two problematic paragraphs.
Action on Drafts
Mr. HACHANI (Tunisia), the Committee Chairman, drew the attention of the Committee to a letter from the Chairman of the Fifth Committee (Administrative and Budgetary) to the President of the General Assembly, which had been distributed to delegations. He said it was important that delegations took note of that before taking action on the draft resolutions before them.
[That letter, dated 18 November, states that as a result of the concerns expressed by the Fifth Committee at its 29th meeting regarding the tendency of the Main Committees of the General Assembly to consider budgetary matters which do not fall within their purview, the Committee has asked him to bring to the Chairmen of the Main Committees' attention the provisions of the procedures of the General Assembly regarding the competence of the
Third Committee - 17 - Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
Fifth Committee for administrative and budgetary matters. The letter then cites section VI of resolution 45/248 of 21 December 1990 on procedures for administrative and budgetary matters, states, which, in part "reaffirms that the Fifth Committee is the appropriate Main Committee of the General Assembly entrusted with responsibilities for administrative and budgetary matters," and "expresses its concern at the tendency of its substantive Committees and other intergovernmental bodies to involve themselves in administrative and budgetary matters".
Continuing, the letter also draws attention to the most recent resolution of the General Assembly, namely, resolution 52/220 on questions relating to the proposed programme budget for the biennium 1998-1999 of 22 December 1997, which reaffirms the above. In addition, it says, rule 53 of the rules of procedures of the General Assembly states: "No resolution involving expenditures shall be recommended by a committee for approval by the General Assembly unless it is accompanied by an estimate of expenditures prepared by the Secretary-General. No resolution in respect of which expenditures are anticipated by the Secretary-General (Fifth Committee) has had an opportunity of stating the effect of the proposal upon the budget estimates of the United Nations."]
The Committee first took up the draft on assistance to refugees, returnees and displaced persons in Africa (document A/C.3/53/L.53).
The representative of the United Republic of Tanzania made the following oral amendments to the draft:
-- in the first line of the third preambular paragraph, the words "to take steps" should be deleted;
-- operative paragraph 3 should read "Calls upon all States and international organizations within their mandates, to ensure that the civilian and humanitarian nature of refugee camps is not compromised by the presence or activities of armed elements;"
-- operative paragraph 15 should read "Calls upon the United Nations High Commissioner for Refugees, the Organization of African Unity, subregional organizations and all African States to continue to work closely in identifying solutions to all outstanding refugee problems;"
-- operative paragraph 22 should be replaced by "Calls upon the international donor community to provide material and financial assistance for the implementation of programmes intended for the rehabilitation of the environment and infrastructure affected by refugees in countries of asylum;"
-- operative paragraph 23 should be replaced by "Requests all Governments, intergovernmental and non-governmental organizations to pay
Third Committee - 18 - Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
particular attention to meeting the special needs of refugee women and children, displaced persons, including those with special protection needs;".
The draft was approved without a vote.
The Committee then took up the draft resolution on strengthening the rule of law (document A/C.3/53/L.35).
The representative of Brazil said that after the draft was tabled, further consultations had been held on operative paragraph 6, which should be amended as follows: in the fourth line, after the words "rule of law", the rest of the paragraph should be deleted, and replaced by the words "and in this context takes note of the cooperation between the United Nations Development Programme and the United Nations High Commissioner for Human Rights in providing technical assistance at the request of States in the promotion of the rule of law". She said the revised text had previously been circulated to all delegations and to the Secretariat.
Swaziland, Suriname, Central African Republic, Congo and Sierra Leone also joined the list of sponsors.
The draft was approved without a vote.
The Committee then turned to the draft on the situation of human rights in Cambodia (document A/C.3/53/L.39).
The representative of Australia said that France and Greece had joined the list of co-sponsors.
The draft was approved without a vote.
The Committee turned to the draft on extrajudicial, summary or arbitrary executions (A/C.3/53/L.41).
The representative of Finland said that Cape Verde and Malta had joined the list of co-sponsors.
He said that after the introduction of the draft, negotiations had continued, and he made the following oral amendments:
-- in the second line of the sixth preambular paragraph, after the words "of the Convention, and" the rest of the paragraph should be deleted, and replaced by the words "and acknowledging in this context the historic significance of the adoption of the Rome Statute of the International Criminal Court,";
Third Committee - 19 - Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
-- in the third and fourth lines of the seventh preambular paragraph, the words "of non-combatants, carried out in cases of armed conflict not of an international character" should be deleted.
The representative of the Russian Federation said that in the Russian text the draft did not have a title. Unfortunately it was not the first such case, and perhaps reflected a lack of preparation.
The Committee Chairman said that if it was any consolation, the French text did not have a title either.
Uganda joined in co-sponsoring the draft, which was then approved without a vote.
Speaking after action, the representative of the United States said she was pleased to have joined the consensus on the draft, but disagreed with references in the draft to the death penalty. While international law limited capital punishment to the most serious crimes and required safeguards, it did not prohibit it. The International Covenant on Civil and Political Rights expressly recognized the right of countries to impose the death penalty, provided it was done in a manner consistent with their own laws and with international norms. Whether capital punishment should be imposed for the most serious crimes was a very sensitive issue, and there was little international consensus on it, despite the inferences of the text. It was a subject of ongoing debate in the United States and it merited international discussion.
Part of the resolution tried to further restrict the legal use of capital punishment, by imposing the Human Rights Committee's interpretation of article 6 of the International Covenant on Civil and Political Rights and the Second Optional Protocol, she said. Article 6 referred to due process protections, of which the United States represented one of the world's strongest examples. She did note, however, that the United States had taken a reservation to article 6 when it signed and ratified the Convention. In addition, the United States was not a party to the Second Optional Protocol and was not bound by it. She noted that the Second Optional Protocol had been adopted with more abstentions and negative votes than affirmative votes, and that it had been ratified and brought into force in only about two dozen countries. She did not agree with the resolution's inference that non-States parties were bound by the Protocol.
The Committee then took up the draft on the human genome and human rights (document A/C.3/L.49).
Third Committee - 20 - Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
The representative of France said that Ukraine had joined as a co-sponsor of the draft. El Salvador, Equatorial Guinea, and Haiti also joined the list of sponsors.
The Committee approved the draft without a vote.
Speaking after action, the representative of New Zealand said he fully supported the aims and principles of the Universal Declaration on the Human Genome and Human Rights, particularly its emphasis on protecting the dignity and human rights of all individuals with respect to research and other activities relating to the human genome. For that reason, his delegation had joined the consensus on the draft.
In doing so, however, he wished to note that the Declaration had already been agreed at an intergovernmental level in Paris last November, and that it had been the subject of considerable debate and a number of reservations. Against that background, and as a general rule, it was not desirable that decisions and resolutions of the specialized agencies be referred directly to the General Assembly for endorsement.
He also reiterated the concerns and reservations his country had expressed at the adoption of the Declaration by UNESCO in November 1997. Firstly, the speed with which the Declaration had been adopted resulted in insufficient time to fully consider its provisions and to complete consultation within New Zealand. Secondly, the Declaration failed to address, or inadequately addressed, a number of issues. Those included cultural issues, especially those relating to genetic research on ancestral human remains, which were of deep concern to Maori; intellectual property issues relating to the patenting of human genetic material including cell lines, and its economic, financial or commercial implications; and the implications of the numerous applications of the new knowledge arising out of genetic research.
The representative of Argentina said that the statement his delegation had made at the UNESCO General Conference was applicable also in the case of the draft that the Committee had just acted on. The Declaration on the Human Genome was a starting point on the question of scientific research and development in that area, and not a conclusion. There were still questions that had not even been defined yet. Ethics must act as a guiding force on such scientific research.
The representative of Australia recognized the importance of establishing an international position on the human genome and human rights, and was grateful for UNESCO for its work on the issue. Genetic research had broad ramifications that went beyond the scope of the Declaration on the Human Genome, and which needed further discussions. His country was still discussing the issue domestically, and, until a national position had been
Third Committee - 21 - Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
established, Australia maintained reservations about the endorsement by the General Assembly of the Declaration.
The representative of Germany said his country had been actively involved in the debate on the issue that had led to the UNESCO agreement. There was active internal debate also taking place within his country. The adoption and implementation of the Declaration had been discussed in Germany's parliament, but that discussion had been interrupted by national elections. The new Government of Germany would take up the issue, but so far, it had not been possible to bring the discussions to a conclusion. Until that point had been reached, his delegation was not in a position to endorse the Declaration.
The representative of Canada said he supported the draft, and viewed the Declaration as a means to advance the objectives of peace and the common welfare of mankind. The pace of scientific research would inevitably quicken in the future, and lead to improvements in the health of humanity. Much had been accomplished since November 1997. The discussions in the working group in Paris in March had provided for greater Member State consultations and broader consultations within society. Members of the new intergovernmental committee had been elected, and Canada was pleased to be among them. He reiterated his country's commitment to working with colleagues in UNESCO and elsewhere to ensure that the issue received the attention it deserved.
The Committee then took up the draft on the situation of human rights in Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (document A/C.3/53/L.60).
The following oral amendments had been made when the draft resolution was introduced. The words at the end of the last preambular paragraph "in the former Yugoslavia in 1998" should read "in the area in 1998". In operative paragraph 25 of part II of the resolution, concerning the Republic of Croatia, the word "greater" in the first line should be replaced by the word "additional...". In part III, concerning the Federal Republic of Yugoslavia, the last words of paragraph 42 "in the former Yugoslavia" should be replaced by the words "in the Federal Republic of Yugoslavia".
The CHAIRMAN said a separate recorded vote was requested on part III of the draft, on the human rights situation in the Federal Republic of Yugoslavia.
Before the vote, the representative of the Russian Federation asked for a clarification regarding the oral and written amendments that had been distributed.
The CHAIRMAN said the Secretary had read out oral amendments, the only amendments he was aware of. He requested the representative of the United States, the main sponsor, to clarify.
Third Committee - 22 - Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
The representative of the United States asked for a brief suspension of the meeting.
When the meeting resumed, the representative of the United States said there were additional co-sponsors: Denmark, Germany, Greece, Ireland, Luxembourg, New Zealand and the United Arab Emirates.
He proceeded to make further amendments to the draft resolution. The operative paragraph 9 should be amended to read "Welcomes the fact that 34 persons indicted by the International Criminal Tribunal on the Former Yugoslavia have been brought to justice"; the words added are: "fact that" and "have been".
In operative paragraph 30, the words "and others" should be added to follow the words in the text "other minorities;" also in that paragraph, the words "such acts" should be added to follow the words "or instigating"; and after the words "others to their homes and," should follow the words "in particular, to address immediately any allegations of individual involvement by Croatian police or military members (whether on or off duty) through appropriate disciplinary proceedings,..."
Further, in operative paragraph 41, after the words "and the reports of the Secretary-General on the situation in Kosovo," should follow those: "while noting that the Federal Republic of Yugoslavia is allowing international verifiers into Kosovo." In operative paragraph 42, the words "United Nations Field Operation in the former Yugoslavia" should read "United Nations Human Rights Field Operation in the Former Yugoslavia".
The representative of India, requesting clarification, said when the draft was introduced, operative paragraph 42 had been corrected, the name "the Federal Republic of Yugoslavia (Serbia and Montenegro)" had been used. In the present amendment, the representative of the United States had reverted to using "the former Yugoslavia". Why?
The representative of the United States said, as he understood it, the formal name should read "the Federal Republic of Yugoslavia (Serbia and Montenegro)". He said the discrepancy had been inadvertent.
Part III of the resolution was approved by a recorded vote of 127 in favour to 1 against (Belarus), with 17 abstentions. (See Annex I.)
Next, the draft as a whole was approved by a recorded vote of 132 in favour to none against, with 20 abstentions. (See Annex II.)
Speaking after the vote, the representative of the Russian Federation said his delegation could not fully agree with a number of formulations in terms of the balance and objectivity of the draft resolution. Also, there were points that were incorrect, from a legal point of view. Further, the
Third Committee - 23 - Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
subject should not have been discussed in the Third Committee. He said some of the conclusions heard when the draft was introduced were inappropriate. His delegation objected to the use of "Serbia and Montenegro" as part of the name. Those were some reasons why the Russian Federation had abstained.
The representative of Croatia said her delegation had been actively engaged in the drafting of the resolution. She thanked the United States for its efforts. She regretted to announce, however, that her country was not in a position to be a co-sponsor. Her delegation had difficulty with the fact that the situation of human rights in all three countries had been considered together. The situation in the three countries were radically different. After the control of its entire territory, there had been improvement in the Republic of Croatia, and there had been definite improvement in the situation in Bosnia and Herzegovina; but in the Federal Republic of Yugoslavia, conflicts and human rights violations were going on. Croatia had adopted various regional treaties and conventions, including the acceptance of the jurisdiction of the European Court, where human rights were concerned. Those developments should have been reflected more explicitly in the draft.
The representative of Austria, on behalf of the European Union, stated that the Union fully supported the draft, and would reiterate that the correct name of the Federal Republic of Yugoslavia should be without the words in brackets (i.e., Serbia and Montenegro).
The Committee then took up the draft on the situation of human rights in Myanmar (document A/C.3/53/L.59).
The representative of Sweden, the main sponsor of the draft, said Poland and the Republic of Korea had joined as co-sponsors.
Speaking before action, the representative of Myanmar said that although the resolution purported to champion the promotion and protection of human rights, in fact, the allegations masked a political motivation. That was to further the cause of one political party and one individual in particular. It was time to discontinue the practice of giving primacy to personality over policy in international affairs.
He said the draft ignored the fact that the present Government had done everything to improve the situation in the country. It did not reflect the return to the legal fold of 17 armed groups, an unprecedented achievement. It did not reflect that the Government had saved the country from the brink of fragmentation. Further, it had laid the groundwork for the establishment of a disciplined democracy with a market-oriented economy, as a result of which political parties such as the National League for Democracy (NLD) could legally exist in the country.
His Government had laid down a systematic programme for transition to a new political system, taking into account the political, economic, social and geopolitical conditions of the country. Given the ethnic diversity of the country and in view of the decades-long insurgency, the process had required
Third Committee - 24 - Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
the involvement of the entire cross-section of the population. The National Convention process was the most appropriate forum in which citizens from all strata of Myanmar society could participate and shape their destiny.
The NLD had made successive moves to hinder the peaceful and systematic transition to democracy, he said. Immediately after the restrictions on Daw Aung San Suu Kyi were lifted, she had threatened the Government with "utter devastation" unless it engaged in dialogue. Following that brazen threat, the NLD had unilaterally withdrawn from the National Convention and had engaged in escalating roadside inflammatory rhetoric against the Government. She had called for a halt to investments in Myanmar; called on foreign governments not to assist Myanmar; and urged tourists not to visit. All those were political ploys to stir up public opinion against the Government, as indicated by the subsequent playing up of the incident by the international media.
As a matter of fact, all the initiatives thus far for meetings with the NLD had come from the Government's side, he said. But those meetings had never been given a chance to build up mutual confidence, which was a prerequisite for substantive discussions. The NLD had squandered the opportunity. He cited the example of the meeting between the Secretary-1 of the State Peace and Development Council (SPDC) and the chairman of the NLD in August. It had been a fruitful meeting and was expected to be the first in a series of confidence-building talks. However, the NLD had taken highly confrontational steps by calling for the convening of the parliament and by establishing the 10-member committee.
He said the draft resolution was highly selective and extremely partial. He wished to thank all delegations that had shown their understanding of his country's situation, in particular those few delegations that had sought to shift the tone of the resolution in the positive direction. In deference to those delegations, his delegation would not ask for a vote on the resolution.
The representative of Gambia said it was an error that his country had appeared as a co-sponsor.
The Committee then approved the draft resolution without a vote.
The representative of Netherlands said his Government was not in a position to co-sponsor the draft resolution. The situation of human rights was a cause of considerable concern, but the resolution did not adequately merit the situation on the ground. His delegation would have preferred stronger language regarding the actual violations of the human rights, more along the lines of Commission on Human Rights resolution 1998/63. The General Assembly could have expressed concern at the deterioration of the situation in Myanmar, including the deplorable detention of opposition activists and the numerous and consistent violations perpetrated by the armed forces.
It was not only important for his Government that the Government of Myanmar engaged in substantive dialogue with the Secretary-General of the
Third Committee - 25 - Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
National League for Democracy, Aung San Suu Kyi, and other political leaders, but more specifically, that it did so "immediately and unconditionally".
The representative of the United States said that even as this resolution was being prepared, the Government of Burma had engaged in an intense campaign of threats, intimidation and forced detention, designed to weaken and isolate the National League for Democracy and its Secretary-General Aung San Suu Kyi and to prevent the establishment of a parliament "freely elected by the people of Burma".
Since September, nearly 1,000 opposition figures from the NLD and other parties, including elected members of parliament, had been detained arbitrarily by the Government and forced to renounce their party affiliation as a condition of their release from detention. Eighty-year-old Saw Mra Aung, Chairman of the Arakan National League for Democracy, had been held in detention for months, simply because he refused to refrain from political activity. U Aung Min, one of the many NLD deputies detained by the SPDC, died recently while in custody.
He said many NLD leaders had resigned because of intimidation; many NLD offices had been closed; other opposition leaders had been pressured by the Government to distance themselves from the NLD and to withdraw their support for the NLD. The United States called on the Government to cooperate with the Secretary-General, his representatives and the Special Rapporteur, to live up to its obligations and this resolution.
The representative of Canada affirmed her support for the resolution. However, as last year, the language of the resolution made it impossible for her delegation to co-sponsor the text. There had been no progress in the political dialogue between the State Peace and Development Committee and the National League for Democracy. Canada welcomed the fact that the SPDC had recently received the envoy of the Secretary-General, and hoped that would become part of an ongoing process. However, human rights violations continued to be widespread. Canada remained concerned for the safety and well-being of Aung San Suu Kyi, and would remain engaged. Canada was determined to see an improvement in national reconciliation and the political dialogue with the NLD.
The representative of Japan said, in explaining his delegation's vote, that the resolution expressed the shared concerns over the human rights situation in Myanmar while recognizing that there had been some positive developments. He called for dialogue between the Government and the NLD and strongly hoped both sides would engage in dialogue with tolerance to improve the situation. Since the Government of Myanmar had expressed its intention to take necessary measures on recognizing a time-frame, he hoped it would act accordingly.
He reiterated the hope that the Government would take further measures to improve the human rights situation and expedite the cause for democracy, and said Japan was prepared to assist Myanmar in reaching those goals.
(annexes follow)
Third Committee - 26 - Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
Third Committee Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
ANNEX I
Vote on Part III of Text on Bosnia, Croatia, Federal Republic of Yugoslavia
Part III of the draft resolution on the situation of human rights in Bosnia and Herzegovina, Cropatia and the Federal Republic of Yugoslavia (document A/C.3/53/L.30), was approved by a recorded vote of 127 in favour to 1 against, with 17 abstention, as follows:
In favour: Afghanistan, Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Canada, Cape Verde, Chile, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Estonia, Federated States of Micronesia, Finland, France, Gambia, Georgia, Germany, Greece, Guatemala, Guyana, Haiti, Hungary, Iceland, Indonesia, Iran, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lesotho, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Malta, Marshall Islands, Mauritania, Mexico, Monaco, Mongolia, Morocco, Mozambique, Myanmar, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Saint Lucia, San Marino, Saudi Arabia, Senegal, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Suriname, Swaziland, Sweden, Syria, Thailand, The former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Venezuela, Zambia.
Against: Belarus.
Abstain: Angola, Benin, Burkina Faso, Cameroon, China, Côte d'Ivoire, Cuba, Democratic People's Republic of Korea, Democratic Republic of the Congo, Ethiopia, India, Lao People's Democratic Republic, Mali, Namibia, Russian Federation, Sierra Leone, Zimbabwe.
Absent: Armenia, Burundi, Central African Republic, Chad, Comoros, Dominica, Eritrea, Fiji, Gabon, Ghana, Grenada, Guinea, Guinea-Bissau, Honduras, Kenya, Mauritius, Palau, Rwanda, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Samoa, Seychelles, Solomon Islands, Sudan, Tajikistan, Turkmenistan, Uganda, United Republic of Tanzania, Uzbekistan, Vanuatu, Viet Nam, Yemen.
27
(END OF ANNEX I)
28
Third Committee Press Release GA/SHC/3512 50th Meeting (PM) 19 November 1998
ANNEX II
Vote on Situation of Human Rights in Bosnia, Croatia and Federal Republic of Yugoslavia
The draft resolution on the situation of human rights in Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia (document A/C.3/53/L.60), was approved by a recorded vote of 132 in favour to none against, with 20 abstentions, as follows:
In favour: Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Canada, Cape Verde, Central African Republic, Chile, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Estonia, Federated States of Micronesia, Fiji, Finland, France, Gambia, Georgia, Germany, Greece, Guatemala, Guyana, Haiti, Hungary, Iceland, Indonesia, Iran, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lesotho, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Malta, Marshall Islands, Mauritania, Mexico, Monaco, Mongolia, Morocco, Mozambique, Myanmar, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Saint Lucia, San Marino, Saudi Arabia, Senegal, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syria, Thailand, The former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Venezuela, Zambia.
Against: None.
Abstain: Belarus, Benin, Burkina Faso, Cameroon, China, Côte d'Ivoire, Cuba, Democratic People's Republic of Korea, Democratic Republic of the Congo, Ethiopia, Ghana, Guinea, India, Lao People's Democratic Republic, Mali, Namibia, Russian Federation, Sierra Leone, United Republic of Tanzania, Zimbabwe.
Absent: Armenia, Burundi, Chad, Comoros, Dominica, Eritrea, Gabon, Grenada, Guinea-Bissau, Honduras, Mauritius, Palau, Rwanda, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Samoa, Seychelles, Solomon
29
Islands, Tajikistan, Turkmenistan, Uganda, Uzbekistan, Vanuatu, Viet Nam, Yemen.
* *** *