THIRD COMMITTEE APPROVES DRAFTS ON SITUATION OF HUMAN RIGHTS IN DEMOCRATIC REPUBLIC OF CONGO, RWANDA, AFGHANISTAN
Press Release
GA/SHC/3513
THIRD COMMITTEE APPROVES DRAFTS ON SITUATION OF HUMAN RIGHTS IN DEMOCRATIC REPUBLIC OF CONGO, RWANDA, AFGHANISTAN
19981120 Text on Rights and Responsibilities of Promoting and Protecting Human Rights Also Approved, Action on Right to Development PostponedThe General Assembly would express deep concern at the impact of the current conflict in the Democratic Republic of the Congo on the situation of human rights in the country and its adverse effects on the civilian population, under the provisions of one of seven draft resolutions approved without a vote during two successive meetings held by the Third Committee (Social, Humanitarian and Cultural) this afternoon and evening.
Further terms of that text, which was approved following lengthy negotiations, would have the Assembly urge all parties to the conflict to take measures to prevent violations of human rights and international humanitarian law by forces under their command and to abstain from inciting ethnic hatred or persecuting civilians on the grounds of nationality or ethnicity.
By the terms of a draft resolution on the situation of human rights in Rwanda, the Assembly would reiterate its strong condemnation of the crime of genocide and crimes against humanity committed in Rwanda in 1994 and would express its deep concern at the continued serious violations of human rights and international humanitarian law in Rwanda, in particular in the northwestern part of the country. It would welcome the continuation of trials of those suspected of genocide and crimes against humanity in Rwanda and the improvements in the trial process, particularly the expedition of the initial stages of prosecution.
The Assembly would adopt the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, according to another draft. It would invite Governments and organizations to intensify their efforts to disseminate and promote understanding of the Declaration.
A text on the question of resources for the Office of the United Nations High Commissioner for Human Rights and the human rights activities of the United Nations, would have the Assembly request the Secretary-General to take
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all necessary steps to follow up on recommendations of the Commission on Human Rights and the Economic and Social Council concerning resources for the Office, in particular in the preparation of the proposed programme budget for the biennium 2000-2001.
By the terms of a draft on the enhancement of international cooperation in the field of human rights, the Assembly would call upon Member States, intergovernmental organizations and 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.
Under the provisions of a text on the situation of human rights in Afghanistan, the Assembly would call upon the Afghan parties to fully respect all human rights and fundamental freedoms, regardless of gender, ethnicity or religion, in accordance with international human rights. It would urge all Afghan parties, in particular the Taliban, to bring to an end without delay all human rights violations against women and girls.
A draft on the comprehensive implementation of and follow up to the Vienna Declaration and Programme of Action would have the Assembly call upon States to take further action with a view to the full realization of all human rights for all in the light of the recommendations of the 1993 World Conference on Human Rights, at which the Vienna Declaration was adopted. In addition, it would solemnly declare its commitment to the fulfilment of the Declaration.
Action on a draft resolution on the right to development was postponed until Monday to allow further time for negotiations.
Before the meeting's adjournment, the Committee's Rapporteur Hassan Kassen Hajem (Lebanon), on behalf of the Committee, thanked Julia Tavares de Alvarez, a representative of the Dominican Republic, for her work in the Third Committee over the last 20 years, and presented her with a bouquet of flowers.
Ambassador Tavares de Alvarez said she was very moved and had no idea that gesture had been planned, adding that no doubt that reflected a "lack of transparency" in the workings of the Committee. Noting that she felt very much at home in the Third Committee, she said she would stay until 1999 which was, appropriately, the International Year of Older Persons.
The Committee will meet again on Monday, 23 November, at 3 p.m., when it is expected to conclude its work for the current Assembly session.
Committee Work Programme
The Third Committee (Social, Humanitarian and Cultural) met this afternoon to continue taking action on all outstanding drafts before it. Drafts before the Committee concern: the declaration on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms; the enhancement of international cooperation in the field of human rights; the right to development; two drafts on the situation of human rights in Rwanda; the situation of human rights in the Democratic Republic of the Congo; the question of human rights in Afghanistan; the comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action; and the question of resources for the Office of the United Nations High Commissioner for Human Rights and the human rights activities of the United Nations. Also before the Committee is a note by the Secretariat containing the Committee's draft biennial programme of work 1999-2000.
Drafts for Action
A draft text would have the Assembly adopt a declaration on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms (document A/C.3/53/L.37) and request the Secretary-General to include its text in the next edition of Human Rights: A Compilation of International Instruments.
The declaration, which is annexed to the draft resolution, states that everyone has the right, individually and with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels. It also declares, for the purpose of promoting and protecting human rights and fundamental freedoms, individually and with others, at the national and international levels, that everyone has the right to meet to assemble peacefully; to form, join and participate in non-governmental organizations, associations or groups; and to communicate with non-governmental or intergovernmental organizations. Another article states that everyone has the right, individually and in association with others, to develop and discuss new human rights ideas and principles, and to advocate their acceptance.
Further, it states that in the exercise of human rights and fundamental freedoms, including the promotion and protection of human rights as referred to in the declaration, everyone has the right, individually and in association with others, to benefit from an effective remedy and to be protected in the event of violation of those rights. To that same end, it declares that everyone whose rights or freedoms are allegedly violated has the right to complain to and have that complaint promptly reviewed in a public hearing before an independent, impartial and competent judicial or other authority established by law, and to obtain from such an authority a decision, in accordance with law, providing redress, including any compensation due.
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In addition, the Assembly would declare that everyone has the right to complain about the policies and actions of individual officials and governmental bodies with regard to violations of human rights and fundamental freedoms by petition or other appropriate means to competent domestic judicial, administrative or legislative authorities or any other competent authority provided for by the legal system of the State. It would declare that everyone has the right to unhindered access to and communication with international bodies with general or special competence to receive and consider communications on matters of human rights and fundamental freedoms.
By other articles of the declaration the Assembly would state everyone has the right to the lawful exercise of his or her occupation or profession, and everyone who, as a result of his or her profession, can affect the human dignity, human rights and fundamental freedoms of others should respect those rights and freedoms and comply with relevant national and international standards of occupational and professional conduct or ethics. Also everyone has the right to participate in peaceful activities against violations of human rights and fundamental freedoms and is entitled to be effectively protected under national law in reacting against or opposing, through peaceful means, activities and acts, including those by omission, attributable to States that result in violations of human rights and fundamental freedoms.
The draft resolution is sponsored by: Argentina, Armenia, Australia, Austria, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Chile, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, El Salvador, Ethiopia, Fiji, Finland, France, Germany, Greece, Guatemala, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Madagascar, Monaco, Netherlands, New Zealand, Norway, Panama, Peru, Portugal, Republic of Korea, Romania, Saint Lucia, San Marino, Senegal, Slovakia, Slovenia, South Africa, Spain, Sweden, Thailand, The former Yugoslav Republic of Macedonia, Republic of Moldova, Russian Federation, Turkey, Ukraine, United Kingdom, United States, Uruguay and Venezuela.
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.
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By the terms of a 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, 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.
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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 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/Rev.1), the General Assembly would reiterate its strong condemnation of the crime of genocide and crimes against humanity committed in Rwanda in 1994 and would express its deep concern at the continued serious violations of human rights and international humanitarian law in Rwanda, in particular in the northwestern part of the country.
The Assembly would urge all States to cooperate fully, without delay, with the International Criminal Tribunal for Rwanda, taking into account the obligations set forth in Security Council resolutions 955 (1994) and 978 (1995), and encourage the Secretary-General to facilitate the activities of the Tribunal to the greatest extent possible.
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The Assembly would deeply regret that no agreement could be reached 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 welcome the decision of the Government of Rwanda to create a National Human Rights Commission, and urge that Government to take appropriate action to enable the Commission to be fully established and to begin functioning independently in accordance with the international principles relating to the development of independent, pluralistic national institutions for the promotion and protection of human rights.
The Assembly would 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. It would encourage the Government of Rwanda to further ensure the independence of the judiciary and to strengthen, with the support of the international community, the capacity of the judicial system, particularly taking 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.
The Assembly would welcome the continuation of trials of those suspected of genocide and crimes against humanity in Rwanda and the improvements that have been made in the trial process, particularly the expedition of the initial stages of prosecution. It would reiterate its concern at the conditions in most communal detention centres and prisons, emphasize the need for greater attention and resources to be directed to that problem and encourage the Government of Rwanda to continue to look for pragmatic solutions to allow for an increase of the number of prisoners being released and reintegrated into society, and again urge the international community to assist the Government of Rwanda in that area.
The Assembly would express its appreciation to Governments, the United Nations High Commissioner for Human Rights and non-governmental organizations, which would have supported the Government of Rwanda in the area of human rights, and encourage the Government to cooperate with and to seek the assistance of the High Commissioner for Human Rights and other interested parties, within mutually agreed frameworks of cooperation. It would encourage continued cooperation among the High Commissioner, the Special Representative of the Commission on Human Rights and the Government of Rwanda.
The Assembly 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, Austria, Belgium, Canada, Chile, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg,
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Monaco, Netherlands, New Zealand, Norway, Portugal, Slovakia, Slovenia, Spain, Sweden, United Kingdom and the United States.
By terms of a draft on the situation of human rights in the Democratic Republic of the Congo (document A/C.3/53/L.47), the Assembly would express deep concern at the impact of the current conflict in that country and at the deterioration of the situation of human rights there, aggravated by the ongoing conflict. It would urge that all parties to the conflict take measures to prevent violations of human rights and of international humanitarian law by forces under their command and to abstain from inciting ethnic hatred or persecuting civilians on the ground of nationality or ethnicity. It would further urge the Government to extend equal protection to all persons under its jurisdiction regardless of origin.
Further by that draft, the Assembly would express concern at severe restrictions on the work of non-governmental organizations and media personnel, urging the authorities to address concerns about restrictions such as banning of human rights organizations or detention of human rights defenders. It would recall and welcome the expressed commitment of the Government to a process of democratization, welcoming such steps as the establishment of the Constitutional Commission and a commitment to restoring the judicial system. Recalling the report of the Secretary-General's Investigative Team charged with investigating serious violations of human rights and humanitarian law, the Assembly would call upon the Governments of both the Democratic Republic of the Congo and of Rwanda to investigate allegations and bring to justice those found to have been involved in massacres, atrocities or other violations of rights.
In addition, the Assembly would deplore the failure of the Government of the Democratic Republic of the Congo to cooperate with the Special Rapporteur to that country and would urge the Government to allow him to visit the country. It would request the Government to fully cooperate with the Human Rights Field Office in the Democratic Republic of the Congo and would call upon the international community to provide assistance to the Office, in such areas as national capacity-building. Underlining the need for human rights considerations to be fully taken into account in settling any conflict, the Assembly would invite the Special Rapporteur on contemporary forms of racism and intolerance to investigate allegations of hate propaganda and policies of ethnic hatred in the Democratic Republic of the Congo and to include relevant information in his report to the Commission on Human Rights.
The draft is sponsored by Argentina, Australia, Austria, Belgium, Bulgaria, Canada, Chile, Costa Rica, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Monaco, Netherlands, Norway, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom and United States.
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By the terms of a draft resolution on the question of human rights in Afghanistan (document A/C.3/53/L.63), submitted by the Chairman of the Committee on the basis of informal consultations, the Assembly would strongly condemn the mass killings and systematic human rights violations against civilians and prisoners of war and note with alarm the escalating cycle of mass killings. It would express its gravest concern at numerous reports of new mass killings in the areas of Mazar-i-Sharif and Bamiyan by the Taliban, and would condemn the widespread violations and abuses of human rights and humanitarian law, including the rights to life, liberty and security of person, freedom from torture and from other forms of cruel, inhuman or degrading treatment or punishment, freedom of opinion, expression, religious persuasion, association and movement, and, in particular, the grave human rights violations against women and girls.
By the terms of the same draft, the Assembly would also condemn the killing of Iranian diplomats and the Islamic Republic News Agency correspondent by Taliban combatants, as well as the attacks on and the killing of United Nations personnel in Taliban-held territories of Afghanistan. It would call upon the Taliban to fulfil their stated commitment to cooperate in urgent investigations of those heinous crimes, with a view to bringing those responsible to justice.
Further, it would note with deep concern: the worsening pattern of human rights violations in Afghanistan; the continuing and substantiated reports of human rights violations against women and girls, including all forms of discrimination against them, notably in areas under the control of the Taliban; the intensification of armed hostilities in Afghanistan and the increasingly ethnic and religious nature of the conflict, which have resulted in extensive human suffering and forced displacement, and which hinder the return of the internally displaced to their homes; the continued displacement of millions of Afghan refugees to Iran and to Pakistan; and the lack of major reconstruction in Afghanistan.
The Assembly would also note with deep concern the sharp deterioration of the humanitarian situation in several areas of Afghanistan, particularly in Hazarajat, and the worsening security conditions for United Nations and other humanitarian personnel, while taking note of the agreement reached between the Taliban and the United Nations on the security of United Nations personnel in Afghanistan and calling for its full implementation.
The Afghan parties would be called upon to fully respect all human rights and fundamental freedoms, regardless of gender, ethnicity or religion, in accordance with international human rights instruments. It would urge all States to respect the sovereignty, independence, territorial integrity and national unity of Afghanistan and to refrain from interfering in its internal affairs. It would also urge all the Afghan parties to: cease hostilities immediately and to work and cooperate fully with the Special Envoy and the United Nations Special Mission to Afghanistan with a view to achieving a
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ceasefire; respect fully international humanitarian law, halt the use of weapons against the civilian population, stop the laying of landmines, especially anti-personnel mines, stop forced conscription and the drafting and recruitment of children as soldiers and ensure their reintegration into society.
The Assembly would demand that all Afghan parties fulfil their obligations regarding the safety of all personnel of diplomatic missions, the United Nations and other international organizations, as well as their premises in Afghanistan, and to cooperate fully and without discrimination on grounds of gender, nationality or religious persuasion with the United Nations and associated bodies as well as with other humanitarian organizations, agencies and non-governmental organizations. It would further urge all the Afghan parties, in particular the Taliban, to bring to an end without delay all human rights violations against women and girls and to take urgent measures to ensure: the repeal of all legislative and other measures that discriminate against women; the effective participation of women in civil, cultural, economic, political and social life; respect for the right of women to work and their reintegration in employment; the right of women and girls to education without discrimination, the reopening of schools and the admission of women and girls to all levels of education; respect for the right of women to security of person and that those responsible for physical attacks on women are brought to justice; respect for freedom of movement for women; and reinstatement of full access to health care for women and girls.
The Assembly would appeal to all States and organizations to resume the provision of humanitarian assistance to all in need as soon as the situation on the ground permits. It would express its deep concern at reports of attacks on and looting of cultural artifacts in Afghanistan and emphasize that all parties share the responsibility to protect their common heritage. Member States would be requested to take appropriate measures to prevent the looting of cultural artifacts and to ensure their return to Afghanistan.
The Assembly would urge all the Afghan parties to extend their cooperation to the Commission on Human Rights and its Special Rapporteur on Afghanistan and to all those Special Rapporteurs who are seeking invitations.
By the terms of a draft on the comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action (document A/C.3/53/L.65), submitted by the Chairman of the Committee on the basis of informal consultation, the Assembly would call upon States to take further action with a view to the full realization of all human rights for all in the light of the recommendations of the World Conference on Human Rights, at which the Vienna Declaration was adopted. It would solemnly declare its commitment to the fulfilment of the Declaration, and would welcome the agreed 1998 conclusions of the Economic and Social Council on its coordinated follow-up and implementation.
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The Assembly would further reaffirm that the Declaration continues to constitute a solid foundation for further action. It would decide to continue the consideration of the question at its fifty-fourth session under the sub-item entitled "Comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action".
By the terms of a draft resolution on question of resources for the Office of the United Nations High Commissioner for Human Rights and the human rights activities of the United Nations (document A/C.3/53/L.45), the General Assembly would request the Secretary-General to take all necessary steps, without delay, to follow up Commission on Human rights resolution 1998/83 and Economic and Social Council decision 1998/275, in particular in the preparation of the proposed programme budget for the biennium 2000-2001.
The Assembly would call upon competent intergovernmental bodies to take Commission on Human Rights resolution 1998/83 and Economic and Social Council decision 1998/275 fully into account, in particular in the consideration of the proposed programme budget for the biennium 2000-2001. It would decide to continue its consideration of this matter at its fifty-fourth session under the agenda item "Human rights questions".
The draft resolution is sponsored by Antigua and Barbuda, Australia, Austria, Bahamas, Bangladesh, Barbados, Benin, Belgium, Botswana, Burundi, Cameroon, Canada, Chile, Colombia, Costa Rica, Côte d'Ivoire, Croatia, Cyprus, Denmark, Ecuador, El Salvador, Fiji, Finland, France, Germany, Greece, Guatemala, Guinea-Bissau, Guyana, Hungary, Iceland, Ireland, Israel, Italy, Japan, Lesotho, Liberia, Liechtenstein, Luxembourg, Madagascar, Malawi, Monaco, Namibia, Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Portugal, Romania, Saint Lucia, Senegal, Slovenia, South Africa, Spain, Suriname, Swaziland, Sweden, The former Yugoslav Republic of Macedonia, Republic of Korea, Trinidad and Tobago, Turkey, Ukraine and the United Kingdom.
Also before the Committee is a note by the Secretariat on the draft biennial programme of work of the Committee for 1999-2000 (document A/C.3/53/L.64). It would have the Assembly adopt the recommendations on the rationalization of the work of the Third Committee contained in its resolution 45/170 of 18 December 1990, and adopt further recommended rationalization measures.
Action
The Committee first took up the draft on the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Freedoms (document A/C.3/53/L.37).
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Speaking before action, the representative of Egypt, speaking on behalf of Algeria, Bahrain, Benin, China, Cuba, Democratic People's Republic of Korea, Djibouti, Egypt, Ethiopia, Iran, Iraq, Kuwait, Lao People's Democratic Republic, Lebanon, Libya, Mauritania, Myanmar, Niger, Oman, Pakistan, Qatar, Singapore, Sudan, Syria, United Arab Emirates, Viet Nam, Jordan and Indonesia, said the adoption of the Declaration constituted a great event that had been long-awaited by the international community. The text of the Declaration represented a carefully negotiated compromise. She stressed that the primary responsibility of promoting and protecting human rights lay with States. Only States could adopt legal and administrative guarantees to that effect.
The exercise by individuals of freedoms was governed by the Charter of the United Nations and by international human rights instruments; such exercise should respect the sovereignty of States, their territorial integrity and the principles of non-interference, she said. Human rights should be exercised in full conformity with domestic law. Interpretation of human rights and freedoms that was contrary to the Charter of the United Nations or to universally recognized human rights instruments, or that was not provided for by domestic law, did not conform to the understanding of the States for which she was speaking. The cultural, economic and social backgrounds must also be taken into account.
[Her comments were circulated in a letter dated 18 November from Egypt addressed to the President of the General Assembly (document A/53/679).]
Turkmenistan joined as co-sponsor of the draft.
The representative of Syria endorsed the statement made by the representative of Egypt, and confirmed that the terms of the Declaration were based on non-interference in the internal operations of countries. That extended also to non-governmental organizations working within States, which should be created and organized pursuant to domestic legislation. Article 20 of the Declaration confirmed the sovereignty of States and non-intervention in internal affairs; that would promote a positive dialogue and understanding.
The representative of Cuba reaffirmed the statement made by the representative of Egypt. Rights for individuals and groups could only become a reality in the context of the society in which they lived, in a complete social context. Cuba would comply with the draft as long as that was understood; especially the principle of non-interference in the internal affairs of States. Respect for diversity in political, cultural and religious systems was crucial, as was respect for varying cultural and historical traditions. Cuba had had to withstand repeated attempts over many decades to change its internal system. The United States had repeatedly tried to affect the internal affairs of Cuba. That was inadmissible and would never be tolerated.
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The representative of Libya endorsed the declaration made by the representative of Egypt regarding the draft resolution. He reiterated that the Declaration did not contain anything that ran counter to the Charter of the United Nations, particularly the principle of non-intervention in the internal affairs of any country, by any party -- whether individual, governmental or non-governmental. The organs of the United Nations should be committed to that principle, and to respect for the equal sovereignty of States. Libya did not agree with any interpretation of the text that ran counter to those principles. The rights of non-governmental organizations should be exercised in accordance with the national law of countries.
Regarding article 7 of the Declaration, he said the principles and their interpretation were a collective task, not an individual one. Individuals should abide by and respect those principles. Regarding article 9, individuals and groups should seek those remedies that were defined in national legislations. Individuals should only resort to international organizations to which the country was a party. Article 10 was totally unacceptable. Libya could not allow any persons who could afford it to intervene in the internal affairs of the country; that could lead to corruption, bribery and interference with political processes. Interpretation of the Declaration should also not run counter to the religious, cultural and social conditions of societies. On those provisions, Libya would accept the draft.
The representative of Saudi Arabia said he would not object to the consensus on the draft because of the humanitarian objectives, but had reservations concerning respect for the Islamic sharia as it was practised in his country.
The draft was approved without a vote.
The Committee then took up the draft resolution on enhancement of international cooperation in the field of human rights (document A/C.3/53/L.57).
The representative of South Africa, as the main sponsor, made oral amendments. In preambular paragraph 5, the words "with appreciation" should be deleted, and operative paragraph 1 should be deleted in its entirety.
The Committee approved the draft, as revised, without a vote.
Next, the Committee took up the draft resolution on the right to development (document A/C.3/53/L.58).
The representative of South Africa said the draft was still under intense consultations and asked for action on that draft to be postponed to later in the meeting.
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The Committee turned to the draft resolution on the situation of human rights in Rwanda (document A/C.3/53/L.28).
The Committee Chairman said he understood that the possibility of making one resolution out of that text and the draft contained in resolution A/C.3/53/L.29/Rev.1 had been the subject of consultations. In fact, the consensus text would be tabled as a Chairman's draft.
The Committee Secretary read out the amendments, as follows: operative paragraph 3 of the draft resolution should be replaced by the following: "Expresses deep concern at the continued serious violations of human rights and international humanitarian law in the country, in particular associated with the conflict in the northwest, and also including in regard to conditions of detention and trial process of those accused of genocide and crimes against humanity".
Also, operative paragraphs 16 and 17 should be replaced by a new operative paragraph 16, which reads: "Expresses its appreciation to Governments, the United Nations High Commissioner for Human Rights and non-governmental organizations, which have supported the Government of Rwanda in the area of human rights, and encourages further efforts between the Government of Rwanda and other governments, the UNHCR and NGOs in the area of human rights within mutually agreed frameworks of cooperation, taking into account, inter alia, the five-point plan of the Government of Rwanda which includes the following priority areas, as outlined in the Special Representative's report (para. 18): a) training national human rights monitors; b) initiating human rights education programmes in formal and informal education; c) providing the National Human Rights Commission with the necessary financial and technical assistance; d) initiating a human rights public-awareness campaign using media resources; and e) establishing a national centre for human rights as an information clearing house and training centre."
With the changes, operative paragraphs 18 and 19 should be renumbered as operative paragraphs 17 and 18.
The Committee's bureau tabled the resolution with the above revisions.
The Committee approved the draft, as revised by the Secretariat, without a vote.
Speaking after the draft approval, the representative of Canada said he appreciated the exceptional efforts and cooperation of all concerned so that the Assembly could reach consensus this year. He thanked the Government of Rwanda, and the leadership of the Chairman and Vice-Chairman in reaching this result. He said he sincerely hoped the resolution provided a foundation for a move towards cooperation within the mutually agreed framework.
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The representative of Rwanda said he would withdraw the draft A/C.3/53/L.28, which had been tabled by Rwanda, among others, with grateful thanks to the co-sponsors of that draft. He would also do so in appreciation for the efforts of all the parties to the consensus text, as amended.
The representative of Austria, speaking on behalf of the European Union, said his delegation had originally been a co-sponsor of draft resolution A/C.3/53/L.29/Rev.1. It had, together with the other sponsors and the Government of Rwanda, engaged in consultation to reach one single resolution. He expressed his appreciation to all involved, in particular the Committee Chairman and Vice-Chairman. The draft, as revised, was the outcome of much negotiations. The European Union had agreed with the substantive changes, though the text did not reflect entirely its position. For example, in operative paragraph 3, referring to continued violations, the name of the country should have been cited.
The European Union had supported the Government of Rwanda financially and politically, but despite that, no agreement had been reached between the Government of Rwanda and the High Commissioner for Human Rights. His delegation was thus reluctant to accept operative paragraph 17. Also, while acknowledging the role of the Government of Rwanda's five-point human rights plan, that could not be the sole basis for cooperation. Those should be mutually agreed on by all the parties concerned, including the United Nations High Commissioner for Human Rights and the Government of Rwanda and other concerned agencies. It was not the Committee's role to stand between Rwanda and the High Commissioner. He also underlined that a national human rights commission could take an important role in advancing human rights in the country.
The Committee turned to the draft resolution on the situation of human rights in the Democratic Republic of the Congo (document A/C.3/53/L.47).
The representative of Austria, as the main sponsor, made amendments to the draft, which had resulted from negotiations between the delegation of the Democratic Republic of the Congo and sponsors. He said, all along, he had hoped a consensus could be reached. But consultations were still going on and, therefore, he requested postponement of action on the draft.
The Committee suspended action on that draft.
The Committee took up the draft resolution on the question of human rights in Afghanistan (document A/C.3/53/L.63).
The representative of Italy, who conducted the consultations on behalf of the Committee's bureau, made a correction. He said the word "new" in operative paragraph 3 should be deleted.
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Speaking before action, the representative of Pakistan said that his country was confident the situation would improve once peace returned. The United Nations was playing an important role to secure durable peace there. The cessation of all provocations was an obvious prerequisite. There was a need to strengthen the role of the impartial parties, and a need for the vacant seat formula. The authorities in Kabul had agreed to investigate killings, which they had since disassociated themselves from. There was an urgent need to establish the presence of the United Nations and other relevant missions to prevent such killings and activities.
He also asked how the Special Rapporteur could explain his conclusions without visiting the country. His delegation would disassociate itself from consensus on that resolution.
The Committee approved the draft without a vote.
Speaking after action, the representative of Afghanistan said he questioned the statement of the representative of Pakistan. His reasons were the following: Mr. Choong-Hyun Paik enjoyed being a credible source who had presented an authentic report on the situation. When the Special Rapporteur was about to visit the country, the physical conditions were risky and difficult. The Taliban had gunned down Lt. Col. Carmine Calo of Italy. The situation was horrible and there was a minimum standard of behaviour, so the Special Rapporteur was not safe. Even the Special Rapporteur's report, other reports by United Nations agencies and non-governmental organizations, and the international media, had confirmed the factual massacre of more than 8,000 by Taliban mercenaries, which corroborated the essence of the report, namely, the wide and indiscriminate crimes being committed against humanity by the Taliban.
The Committee then took up the draft on the Vienna Declaration and Programme of Action (document A/C.3/53/L.65), submitted by the Chairman on the basis of informal consultations.
The Committee approved the draft without a vote.
The Committee then took up the draft on the question of resources for the Office of the Human Rights Commissioner and the human rights activities of the United Nations (document A/C.3/53/L.45).
KATE STARR NEWELL, the Committee Secretary, read out a statement on the programme budget implications of the draft.
She said that operative paragraph 1 of the draft would request the Secretary-General to take all necessary steps to follow up Commission on Human Rights resolution 1998/83 and Economic and Social Council decision 1998/275, in particular in the preparation of the proposed programme budget for the biennium 2000-2001 without diverting resources from the United Nations
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development programmes and activities. She drew the attention of the Committee to provisions of General Assembly resolution 45/248, which reaffirmed that the Fifth Committee was the appropriate Main Committee for budgetary matters, and the role of the Advisory Committee on Administrative and Budgetary Questions (ACABQ); expressed concern at the tendency of its substantive Committees and other intergovernmental bodies to involve themselves in administrative and budgetary matters; and invited the Secretary-General to provide all intergovernmental bodies with the required information regarding the procedures for administrative and budgetary matters.
Further, the statement said, the question of allocating resources in the programme budget for the biennium 2000-2001 needed to be seen in the context of the proposed budget outline, contained in document A/53/220. The Fifth Committee was shortly to adopt recommendations in that regard bearing in mind the priorities already adopted by the General Assembly.
The Committee Chairman reminded delegates of the letter from the Chairman of the Fifth Committee that had been circulated.
The representative of South Africa, main sponsor of the draft, made the following oral revision.
He said that at the end of operative paragraph 1, after the words "for the biennium 2000-2001", the words "without diverting resources from the United Nations development programmes and activities" should be added. The new text was from paragraph 11 of part I of the 1998 Economic and Social Council coordination segment agreed conclusions. Operative paragraph 2 should be entirely deleted.
He said the following additional co-sponsors had joined: the Russian Federation, United States and Argentina.
Other additional co-sponsors that joined were: Turkmenistan, Uganda, Tunisia, Poland, Morocco, Bolivia, Bulgaria, Mongolia, Azerbaijan, Belize, Zambia, Venezuela and the Republic of Moldova.
The representative of Pakistan asked for clarification regarding the status of the letters and the draft resolution contained in document A/C.3/53/L.45.
The CHAIRMAN said those letters had served to remind the Committee of the procedures of the General Assembly and insofar as that resolution was concerned, those had been heeded, and the amendments were made in keeping with the same.
Ms. NEWELL, the Committee Secretary, said she had circulated a variation of the statement she had read out. The programme budgetary notes reflecting changes made by South Africa would go before the Fifth Committee. The purpose
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of circulating the letter was only to remind the Committee of the prerogatives of the Fifth Committee on the matter.
The representative of Algeria said the resolution should respect procedures of the United Nations. Everything dealing with budgetary issues and financing of all programmes and organs should follow the procedure of being considered by the Fifth Committee. No argument could justify any departure from that procedure. Her delegation had no objection to budgetary resources being allocated to the High Commissioner for Human Rights.
The Committee approved the draft resolution without a vote.
Speaking after action, the representative of New Zealand said there was no conflict between the responsibilities of the Third and the Fifth Committees. Member States within the Third Committee were within their rights to draw attention to the Secretary-General in policy areas which concerned the Third Committee. He stressed that the Committee was simply drawing the attention of the Secretary-General to the resources needed.
He said programme budget implications (PBIs) were routinely circulated. The draft resolution was not debating a budgetary or administrative issue, but merely making its point to the Secretary-General for him, in turn, to point out to the General Assembly in the next budget session.
The representative of Canada said his delegation liked being reminded of the prerogatives. He could not agree with the interpretation to determine whether it was within the Committee's mandate or not. His Government was quite prepared to be reminded by the Fifth Committee of its prerogatives and also expected the same from the Fifth Committee.
The representative of Australia said he would note that the language was similar to the language of several other drafts. He further expressed the hope that States that co-sponsored the present draft would continue their support in other forums.
The representative of the United States said his delegation associated itself with the statements of the delegations of New Zealand and Canada.
The representative of Senegal also supported the statements of Canada, New Zealand and the United States.
The representative of Cuba said his delegation could not accept the explanations regarding the prerogatives of the Third Committee and the Fifth Committee. He asked for the financial rules concerning those.
The CHAIRMAN noted that extra time had been requested for continuing negotiations on the two remaining draft resolutions, on the right to
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development and on the situation of human rights in the Democratic Republic of the Congo.
The representative of Morocco proposed that the meeting be adjourned and reconvened on Monday.
The representative of the Democratic Republic of the Congo supported that proposal, so that there would be more time to discuss the draft.
The representative of Japan proposed that the debate be continued tonight, because some delegates had come from capitals, and needed to return.
The CHAIRMAN asked the representatives of Malaysia and South Africa whether they thought they would have concluded their consultations by 8 p.m. this evening.
The representative of Malaysia said it was a very difficult question. They would try, but his preference was to take up the matter again on Monday. However, if the Chairman preferred that it be taken up this evening they would try.
The CHAIRMAN asked the representative of the Democratic Republic of the Congo whether he could finish his consultations by 8 p.m.
The representative of the Democratic Republic of the Congo said he could not decide that by himself, and would have to consult with his colleagues representing the European Union on whether the negotiations could be finished by then.
The CHAIRMAN adjourned the meeting until 6 p.m. so that a timetable for continuation of the debate could be established.
Shortly before 7:30 p.m., the Chairman convened the fifty-second meeting of the Third Committee.
The Committee took up the draft resolution on the situation of human rights in the Democratic Republic of the Congo (document A/C.3/53/L.47).
He said the changes that had been made to the draft had been distributed to delegates.
The representative of Austria, on behalf of the European Union, said the changes that had been negotiated and distributed represented the achievement of a draft text that could be adopted without a vote. He would have preferred to have an entirely clean text distributed, but because of the lateness of the hour, the changes would have to be made orally.
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He said the words "as elaborated in" at the end of the second line of the first preambular paragraph should be deleted. The third preambular paragraph should begin with "Noting" rather than "Recalling". The words "with appreciation" in operative paragraph 2 should be deleted. The word "deep" in the first line of operative paragraph 3 should be deleted. In the fourth line of that paragraph, the words "by the Government of the Democratic Republic of the Congo and other parties involved in the conflict" should be replaced by the words "committed in the territory of the Democratic Republic of the Congo". Also, in the seventh line of that paragraph, after the words "child soldiers", the rest of the paragraph ("as well as the incitement to hatred against specific ethnic groups and attacks against civilians because of their ethnic origin") should be deleted.
After the existing operative paragraph 4, a new 4 bis should be added, as follows: "Supports all regional efforts aiming at a peaceful settlement of the conflict". In the second line of operative paragraph 5, the words "freely undertaken" should be deleted. Operative paragraph 6 should be replaced by: "Stresses the need for the Government of the Democratic Republic of the Congo to assist and protect the civilian population, including refugees and internally displaced persons within the territory of the Democratic Republic of the Congo".
Operative paragraph 7 should begin with "encourages" instead of "calls upon", he went on. Also, in the first line, after the words "the Government of the Republic of the Congo" the words "and other parties to the conflict" should be replaced by "to continue". In addition, the words "and calls upon other parties to allow access also" should be added at the end of the paragraph.
Operative paragraph 8 should be replaced by: "Stresses the need to lift restrictions on the work of non-governmental organizations and to ensure respect for the right to freedom of expression and opinion and for the right to freedom of association".
Further, in operative paragraph 9, the words "in particular" at the end of the seventh line should be deleted. The four sub-items of the same paragraph -- a), b), c), d) and e) -- should also be deleted. The word "encourages" in the third line of paragraph 10 should replace the words "calls for". The words "and the Government of Rwanda" in the fourth line of paragraph 12 should be deleted.
In operative paragraph 10, the words "calls for" should be replaced by "encourages" in the third line, he said. In paragraph 12, the words "and the Government of Rwanda" in the fourth line should be deleted. Operative paragraph 13 should begin with the words "Regrets the lack of cooperation" instead of "Deplores the failure", and the words "to cooperate" should be deleted from the second line. The word "encourages" in the second line of operative paragraph 14 should replace "requests". In the second line of
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operative paragraph 16, the words "and in any planning for an international peacekeeping or peace-building presence in the country" should be deleted. Paragraph 17 should be deleted in its entirety.
He thanked the representative of the Democratic Republic of the Congo and all co-sponsors of the draft for their flexibility. He added Poland, Afghanistan and Liechtenstein to the list of co-sponsors, and apologized for the delay that had been caused by the extended negotiations.
The representative of the United States said he supported the draft resolution, but because of the changes that had been made to the text, his country was no longer able to co-sponsor it. He said it was clear in the report of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the Democratic Republic of the Congo that the situation in that country remained grave. It was particularly grave in cases of incitement to hatred because of race or ethnic origin. The draft resolution as it had been amended did not reflect the situation.
The representative of Canada said that for reasons that were similar to those expressed by the representative of the United States, he regretted his delegation would have to withdraw from the list of sponsors. The text, as amended, fell short in a number of ways, and did not reflect the reality of the situation in the Democratic Republic of the Congo.
He noted that an additional factor was the difficulty his delegation had experienced in following the negotiations and the decision-making process. He fully appreciated the difficulties and complexities of the negotiations, but perhaps the time had come to change the way in which such deliberations were made, so that all interested parties could have full and equal participation in the negotiations. Having said that, he supported the draft, and appreciated the efforts that had been made by Austria in securing agreement on the text.
The representative of the Democratic Republic of the Congo said it was not appropriate that one group of States should present a poor image of his country that was based on the unfounded statements made in the report of the Special Rapporteur, who himself had admitted that he had not been able to verify all of the facts. Had his country not been the victim of aggression, a greater level of cooperation would have been possible with the United Nations human rights machinery. There was nothing encouraging in the draft: it was only a censure. The sponsors of the resolution could not overlook the spirit and the letter of the United Nations Charter, in particular the primacy of sovereignty of States, and the right not to have others intervene in a country's internal affairs. The draft was more of a dictum, outlining the opinion of others on how things should be done in his country.
Rather than helping the Democratic Republic of the Congo to find solutions to its problems, the draft constituted an appeal concerning an idea
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about racial hatred that was not a reality in his country, he said. There were more than 400 ethnic groups in the country, and they lived in harmony with each other. There was a commission within his country that worked to ensure that human rights were respected and promoted. The International Committee of the Red Cross (ICRC) could also bear witness to the determination of the Congolese Government to respect human rights. It had been given free access to detainees and prisoners of war.
As for crimes and incitements of racial hatred, he said that in the context of the aggression to which his country was victim, defence was one thing, xenophobia -- for which there was no proof -- was a different thing. Those who supported the resolution seemed to have been influenced by other States; States that practised genocide. There were policies of double standards being applied. However, bearing in mind the concessions that had been made on both sides, and in order to demonstrate the willingness of his country to cooperate, he signalled willingness to accept the approval of the draft without a vote.
The draft resolution was approved without a vote.
The Chairman said that the draft on the right to development was not yet ready to be considered, and would be taken up on Monday afternoon, when the next and final meeting of the session would be held.
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