COMMISSION ON HUMAN RIGHTS STARTS DEBATE ON CIVIL AND POLITICAL RIGHTS
Press Release
HR/CN/904
COMMISSION ON HUMAN RIGHTS STARTS DEBATE ON CIVIL AND POLITICAL RIGHTS
19990409 Commission Hears Statements From Working Group on Arbitrary Detention, Special Rapporteur on Torture(Reissued as received.)
GENEVA, 9 April (UN Information Service) -- The Commission on Human Rights this morning opened its discussion on civil and political rights and heard statements by a member of its Working Group on arbitrary detention and by its Special Rapporteur on torture.
Louis Joinet, member of the Working Group on arbitrary detention, said the Working Group had received total support from the Governments of Peru, Romania, United Kingdom and Indonesia during its missions.
With regard to Peru, Mr. Joinet said that despite positive developments, the Working Group was concerned about insufficient independent guarantees for the judiciary in relation to military jurisdiction. Concerning Romania, the Working Group had concluded that the minimum guarantees to detainees proposed in its annual report must be afforded. The Working Group acknowledged with satisfaction that the Government of the United Kingdom had responded substantially and constructively to its recommendations. As for Indonesia and East Timor, the priorities remained the liberation of prisoners detained under the previous regime of President Suharto; the reinforcement of the independence of the police and its separation from the army; and the reform of the Penal Code on Procedures.
The representative of Peru said the Working Group had noted that while there had been abuses, they had been isolated acts which were not representative of the actions of the Government of Peru. He cited numerous measures which regulated the juridical code and penal conditions in accordance to the recommendations of the Working Group.
The representative of Romania stated that his country had taken resolute steps in line with the conclusions and recommendations put forward by the Working Group. Romania had closed down the rightly criticized Centre for
Illegal Migrants at Giurgiu and had passed reformed laws on the statute of aliens.
Nigel Rodley, the Special Rapporteur on torture, commenting on his mission to Turkey, said that while resorting to the most brutal techniques had diminished in Turkey, it was also clear that these practices had persisted in some parts of the country and ill-treatment amounting to torture still occurred in other parts of the country. His main concern remained the question of impunity.
Ivan Tosevski, of the Board of Trustees of the United Nations Voluntary Fund for Victims of Torture, gave a review of the status of the Fund. He said a total of $8.2 million had been requested this year, while contributions paid to the Fund to date by 32 Governments, one non-governmental organization and four individuals amounted to $5.8 million, including $3 million from the United States which was the largest donor.
Also this morning, the Commission concluded its debate on economic, social and cultural rights. Fatma-Zohra Ksentini, the Special Rapporteur on the illicit movement and dumping of toxic wastes, spoke on the consequences of such actions on human rights. A number of non-governmental organizations (NGOs) cited violations of economic, social and cultural rights in various countries.
The following countries addressed the Commission: Japan, Germany (on behalf of the European Union), El Salvador, Peru, Venezuela, Russian Federation, Norway, Romania, Latvia, Egypt, Denmark, Georgia, Honduras and the Netherlands.
A number of NGOs also spoke: Liberation, Indian Movement "Tupaj Amaru", Centro de Estudios Europeos, International Educational Development Inc., International Human Rights Law Group, International Movement ATD Fourth World, International Commission of Jurists, Muslim World League, World Federation of Trade Unions, World Muslim Congress, International Indian Treaty Council, and the International Association against Torture.
The Commission will continue its debate on civil and political rights at 3 p.m. this afternoon.
Civil and Political Rights
The Commission has before it under this agenda item a report (E/CN.4/1999/54) by the Secretary-General on the question of torture and detention and the status of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Commission against Torture held its twentieth and twenty-first sessions at the United Nations Office at Geneva from 4 to 22 May 1998 and from 9 to 20 November 1998, respectively.
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In accordance with article 24 of the Convention, the Committee submitted its annual report, which covered the activities of the Committee to States parties and the General Assembly at its fifty-third session.
Also before the Commission is a report (E/CN.4/1999/55) by the Secretary-General on the United Nations Voluntary Fund for Victims of Torture. Included is the annual report of the Fund, the financial status, the contributions paid and pledges made, as well as the fund raising, and needs assessment.
The Commission is considering a report (E/CN.4/1999/56) by the Secretary-General on arbitrary deprivation of nationality. It calls on all States to refrain from taking measures or from enacting legislation that discriminated against persons or groups of persons on grounds of race, colour, gender, religion, or national or ethnic origin. In pursuance of this resolution, a note verbale was addressed to Governments on 27 August 1998 and a copy of the resolution was transmitted to the appropriate mechanisms of the Commission and the pertinent United Nations treaty bodies. By 7 December 1998, replies were received from the Governments of Azerbaijan, Denmark, Estonia, Ghana, Kuwait, Monaco, Portugal, United Kingdom and the United States. These replies are summarized in this report.
Also being considered is an addendum report (E/CN.4/1999/56/add.1) by the Secretary-General on the arbitrary deprivation of nationality. It includes information submitted by the Russian Federation. Addendum report (E/CN.4/1999/56/Add.2) includes the response of Azerbaijan on arbitrary deprivation of nationality.
The Commission will also take up a report (E/CN.4/1999/57) by the Secretary-General on the question of independence of the judiciary, administration of justice, and impunity. By its resolution 1998/53 of 17 April 1998, the Commission noted the report submitted by Louis Joinet pursuant to Subcommission decision 1996/119 of August 1996 and the set of principles for the protection and promotion of human rights through action to combat impunity annexed to the report. The Commission requested the Secretary-General to invite States, international organizations and non-governmental organizations to provide him with their views and comments on the report and its annexed principles.
Before the Commission is a report on the question of torture and detention (E/CN.4/1999/59) from the Chairman-Rapporteur of the Working Group on the draft optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. This report outlines the organization of the session, the consideration and drafting of paragraphs and articles of the draft optional protocol, future work, and the adoption of the report.
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Also before the Commission is a report on the question of torture and detention (E/CN.4/1999/61) from the Special Rapporteur on this issue, Nigel Rodley, which outlines the mandate and activities of the Special Rapporteur, information with respect to various countries, and conclusions and recommendations. The report concludes that the most difficult area in which to identify trends and developments is with regard to the incidence of torture and similar cruel, inhuman or degrading treatment or punishment. Among other recommendations, it calls on all States to ensure that they have in place legislation that would permit them to take jurisdiction over perpetrators of human rights crimes, including torture, genocide, crimes against humanity and war crimes.
The Commission is also taking up a report from the Special Rapporteur on torture (E/CN.4/1999/61/Add.1) on his visit to Turkey. Mr. Rodley concludes that he needs much more time and travel within the country for a more complete assessment of the situation but summarizes some of the following points: Turkey is not immune from the turbulent and religious forces prevalent in the region and cites the Kurdistan Workers' Party (PKK) as an example of acts of terrorism which has been widely and rightly condemned; that reports of the incidence of torture and similar ill-treatment were not consistent with torture being widespread and systematic and for others, the situation had improved significantly; legislation should be amended to ensure that no one is held without prompt access to a lawyer; legislation should be amended to ensure that any extensions of police custody are ordered by a judge; amendments to procedures of prosecutors and judges as well as methods of investigating allegations; and the institution of an independent body to review all cases in which the primary evidence against convicted persons is a confession allegedly made under torture.
Also before the Commission is a report (E/CN.4/1999/63) of the Working Group on arbitrary detention which outlines its activities, the situation regarding immigrants and asylum seekers. It recommends that the mandate for investigating cases requires a collegiate body, with the participation of experts from different legal backgrounds; that the problem of immigrants and asylum seekers be dealt with by setting out rational criteria for their entry and rehabilitation and that their detention be resorted to only as a last available measure; and that military injustices be eradicated and an intergovernmental conference initiated on this matter.
The Commission is also reviewing document (E/CN.4/1999/63/Add.3) which is an addendum to the report of the Working Group on arbitrary detention on the visit of the Working Group to the United Kingdom to consider the issue of immigrants and asylum seekers. Matters of concern for the Working Group include: the United Kingdom must observe the provisions of the 1951 Convention relating to the Status of Refugees and the other international instruments to which the United Kingdom is a party. The functioning of the legal regime in the United Kingdom gives rise to specific concerns. The
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Working Group's conclusions include: that detention should only be for legitimate reasons; that detainees should be informed in writing of the reasons for detention; that they should be given adequate access to their legal representatives; that alternative and non-custodial measures should always be considered before resorting to detention; and that unaccompanied minors should never be detained.
Document (E/CN.4/1999/63/Add.4) is an addendum to the report of the Working Group on arbitrary detention on its visit to Romania. The Working Group notes that it is clear that Romania has a limited capacity for internment of asylum seekers. It concludes that illegal immigrants should be granted the same treatment as those who formally seek asylum. The Romanian Government is requested to ensure that the criminal offence of crossing the border is not made the basis for rejecting the application for asylum. The personnel of the Border Police should be sensitized to the problems arising from the influx of illegal immigrants. The individual refugee is exposed to grave risks of arbitrary detention, and this ought to be remedied. Protection against refoulement should be made to apply to all asylum seekers. All asylum seekers subjected to deprivation of liberty should be granted constitutional protection. Detainees should be provided with the reason of their detention. Each decision to detain should be reviewed as to its necessity and compliance with international standards promptly. Detainees should be given adequate access to their legal representatives, relatives, and officers of UNHCR. All staff should receive appropriate training.
Statements
LOUIS JOINET, member of the Working Group on arbitrary detention, reported on its mission to Peru, United Kingdom, Romania and Indonesia. The Working Group had received total support from the Government of Peru. Despite positive developments, some serious concerns remained. The most serious was due to the insufficient independent guarantees to the judiciary in relation to military jurisdiction which resulted in the Working Group's recommendation that an intergovernmental conference be organized with the aim of renouncing such jurisdiction which represented the base of too many situations of arbitrary detention.
Mr. Joinet said Romania had also afforded the group its full cooperation. The Working Group concluded that the minimum guarantees to detainees proposed in its annual report (E/CN.4/1999/63) must be afforded. The Working Group also acknowledged with satisfaction that the Government of the United Kingdom had responded substantially and constructively to its recommendations.
Mr. Joinet said the Working Group's report on Indonesia and East Timor had to be delayed until the year 2000 for well understood technical reasons. The full cooperation afforded to the Working Group by the Indonesian
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Government attested to the seriousness of the authorities toward reform. However, much still remained to be achieved. The Working Group acknowledged the liberation of the detainees under the former Indonesian Communist Party. The priority remained the liberation of detained prisoners of the previous regime of President Suharto; the second priority was the reinforcement of the independence of the police and its separation from the army; and finally the reformation of Penal Code on Procedures.
The Working Group stated that it considered urgent the initiation of a mechanism to vigilantly follow-up and evaluate governmental compliance with its recommendations.
NIGEL RODLEY, Special Rapporteur on the question of torture, stated that he had received invitations from the Chinese and Brazilian authorities to visit their respective countries. His request to visit Bahrain was delayed and Tunisia had not yet responded. One of his main concerns remained the issue of impunity which had actually been chosen by the United Nations Voluntary Fund for the Victims of Torture's Board of Trustees as the theme for the next United Nations International Day in support of victims of torture on 26 June.
Mr. Rodley stated that if the numerous recommendations put forward under the Special Rapporteur's mandate over the years had been implemented, this would have broken through the shield of impunity. Among these recommendations were: that States had to ensure that prolonged incommunicado detention beyond 24 to 48 hours was not permitted; all States at the international level should speedily ratify the Rome Statute of the International Criminal Court; and all States at the transnational level should ensure that they had in place legislation that would have permitted them to take jurisdiction over perpetrators of human rights crimes, including torture.
Mr. Rodley said addendum 1 of his report concerned his visit to Turkey. He had concluded that while the resort to the most brutal techniques had diminished in Turkey, it was also clear that these practices had persisted in some parts of the country and ill-treatment amounting to torture still occurred in other parts of the country.
IVAN TOSEVSKI, of the Board of Trustees of the United Nations Voluntary Fund for Victims of Torture, said a detailed report on the status of the Fund had been made available to the Commission. Last year, the High Commissioner for Human Rights had approved the Board's recommendations for grants to 149 projects submitted by about 100 humanitarian organizations in 53 countries for a total amount of $4.2 million. But these awards only met 62 per cent of the requests for grants from various reputable and well-meaning groups and organizations interested in helping torture victims.
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Mr. Tosevski said a total of $8.2 million had been requested this year, while contributions paid to the Fund to date by 32 Governments, one non-governmental organization and four individuals amounted to $5.8 million, including $3 million from the United States which was the largest donor. An additional $2.4 million in contributions would enable the Fund to meet 100 per cent of the requests. Overall the situation of the Fund would be much better this year, provided that all pledges were paid before the end of April.
FATMA-ZHORA KSENTINI, Special Rapporteur on the illicit movement and dumping of toxic wastes, said she had listened to the debate on the subject and on her report; she had noted the assertions made by several speakers that transnational corporations should at least respect fundamental human rights and national environmental protection laws. There had been positive developments in various countries and international fora; some encouraging progress, although small, had been made towards compensating victims of such illicit moving and dumping.
Ms. Ksentini said that as for technical cooperation, greater attention should be given to technical information and sharing of experiences. She hoped, for example, that technical assistance could be given to Paraguay to help it cope with its current problems with toxic wastes.
MUNTAR HALEPOTA, of Liberation, expressed concern at the deprivation of economic, social and cultural rights in much of the developing world by their State Governments or as a result of policies of Western powers and monetary institutions. Liberation strongly opposed the proposal by some Governments to write off foreign debts in return for managing the economies of indebted countries. This would formally begin a new process of colonization. It was further alarmed to learn that the International Monetary Fund (IMF) did not concern itself with international policies of a country, especially with regard to the human rights situation, when giving funds. The IMF should know that these funds were often used by Governments to purchase arms which were then used against their own people, as in Burma, Serbia, Pakistan, India, Sri Lanka and Indonesia. In South Asia the most significant development was the "nuclear explosion" by India and Pakistan. At the same time, vast numbers of children in both countries remained without basic education, access to water and shelter or health.
Mr. Helepota said there were widespread violations of economic, social and cultural rights in Sindh as highlighted in United Nations document E/CN.4.1994/NGO/56. In some countries deliberate policies were adopted to deprive the indigenous languages and cultures from developing and flourishing such as the situation in Turkey where the Kurdish language and culture was denied.
LAZARO PARY, of the Indian Movement "Tupaj Amaru", said structural adjustment programmes imposed on developing countries had to be studied more
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carefully; the World Bank and the International Monetary Fund were not helping but rather harming developing countries as the global economy was being liberalized; the phenomenon of foreign debt burdens was a continuation of the process that began in 1492, when European domination of the Americas began.
Mr. Pary said the external debt of the third world was some $1.8 trillion; the debt represented 123 per cent of Africa's GNP, and significant percentages of the GNP of Latin America and Asia. Debt service payments were a major factor in perpetuating poverty in the developing world; their application by the countries of the north on the countries of the south amounted to a kind of slavery. Among the populations most damaged were indigenous peoples; they knew what hunger was; a high percentage of them lived in extreme poverty.
LAZARO MORA SECADE, of the Centro de Estudios Europeos, raised the issue of the negative effects of foreign debts on the enjoyment of fundamental rights. Such debts had severely hindered Governments in development. The International Monetary Fund had become the most effective instrument for the imposition of the policies of structural adjustment which diverted funds destined for confronting social problems or toward efforts for social development. The Centro de Estudios Europeos called for international cooperation to confront this alarming trend which continued to cause obstacles to the realization of the fruits of economic, social and cultural rights.
KAREN PARKER, of the International Education Development/Humanitarian Law Project, said the organization was deeply concerned about the effect of economic sanctions on the realization and enjoyment of human rights and the fulfilment of legal obligations under humanitarian law. The sanctions regime imposed on Iraq had clearly failed to ensure the human rights and humanitarian law rights of the Iraqi people. While there may be some political or military sanctions that could legitimately be imposed on Iraq, the excessively over-broad sweep of the economic sanctions may not. Any impairment of the free flow of humanitarian relief violated the Geneva Conventions of 1949 and the additional Protocols of 1977. As early as September 1990 it was clear that the sanctions were creating a humanitarian crisis. In fact many Persian Gulf War casualties were civilians who starved to death as a result of sanctions.
Ms. Parker said it was the duty of this Commission to address the human rights implications of these sanctions in an objective and impartial manner. The fact that the United States unilaterally instigated the sanctions with undue control of the sanctions committee and other sanctions mechanisms needed addressing.
MARGUL HARDEN, of the International Human Rights Law Group, welcomed the Commission and other existing United Nations mechanisms designed to address racism and toxic pollution around the world like the Special Rapporteur on
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contemporary forms of racism, racial discrimination, xenophobia and related intolerance and the Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes. Environmental racism referred to any Government action or failure to act that had negative environmental impact with disproportionate disadvantages. The polluting industries, toxic waste sites, incinerators, oil exploration, and mining operations in the United States were concentrated in communities that were predominantly African-American, indigenous, Latino, and Asian-American. The United States Government had proven resistant to enforcing laws and unwilling to protect communities of colour from industrial pollution. Communities of colour suffered increasing poverty as a result of industrial exploitation of the environment.
Ms. Harden said the organization urged the Commission to examine human rights violations in the United States that constituted environmental racism by expanding the mandate of the Special Rapporteur on toxic waste. Also the Commission, with regard to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, should authorize a global study on environmental racism for the World Conference and explicitly include environmental racism on the agenda.
BRANO ROMAZZOTTI, of the International Movement ATD Fourth World, said it was essential to include the participation of the world's poorest people in national and international life and in programmes that attempted to alleviate poverty. There had been intensifying interest among international forums in the problem of extreme poverty, and that was gratifying, as was the growing consensus that the poor had to be included in decision-making related to combatting extreme poverty.
Mr. Romazzotti said it was important to consider new instruments to fight poverty; further study was needed to compare national policies and strategies to see which worked best. And those who worked with the poor should be aware that they should be agents of human rights and well-informed on human rights standards.
NATHALIE PROUVEZ, of the International Commission of Jurists, said it held high priority to the examination of ways in which to strengthen the implementation of economic, social and cultural rights. It was of the view that examination of individual cases offered real hope to move towards the development of a significant body of jurisprudence which was absolutely indispensable if economic, social, and cultural rights were to be taken seriously. Unfortunately this proposal had not received the support it deserved.
Ms. Prouvez noted the report of the workshop on the draft optional protocol to the International Covenant on Civil and Political Rights, organized under the auspices of the High Commissioner for Human Rights on 26
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February. There was a general consensus among participants in support of continued work on the further elaboration of the optional protocol and finding ways to keep the discussion going. It was stressed that the justiciability and violations of economic, social and cultural rights were being increasingly acknowledged at the national level, and ought to be acknowledged at the international level through the adoption of the optional protocol. With regard to the impact of economic globalization, the optional protocol would help clarify the effect of conflicting obligations imposed upon States through international human rights treaties and international economic agreements. Also there was a need to protect vulnerable communities that were affected the most by the negative impact of globalization.
TAHIR MASOOD, of the Muslim World League, underscored the worldwide crucial importance of economic, social and cultural rights and cited Indian occupied Jammu and Kashmir as a case in point. This occupation had resulted in, among others: whole villages being forced to move out of areas along the cease-fire line and being transported to areas without any means of support; Kashmiri men were hesitant to go out to earn their livelihood due to the atmosphere of fear and persecution; Indian authorities had repeatedly shown total disregard for the religious sentiments of the Kashmiri people; and Kashmiri political leader Maulana Abass Ansari had been denied permission by the Indian Government to perform the holy pilgrimage of Haj this year. India must be made to stop the systematic violation of the rights of the Kashmiri people.
SHAHLA MAGZI, of the World Federation of Trade Unions, said lack of a civil society that admitted differing opinions and the absence of an environment influenced by special social structures were causing problems in Pakistan; Pakistani society was conservative, little open to change, and imbued with intolerance; the behaviour of an elite bent on preserving its own interests, a political system still in the process of democratization, a very low rate of literacy, and a harsh economic and social environment, tended to make society more vulnerable to intolerance and to expose it to the influence of religious extremists. In Pakistan, religious extremism was one of the main driving forces of religious intolerance, not only towards minorities but Muslims as well.
Ms. Magzi said Governments had to be urged to practice multiculturalism and tolerance, but Pakistan seemed to be moving in the wrong direction -- a proposed amendment to the Constitution would declare the Koran and Shari'a the supreme law of Pakistan. The amendment, which would encourage further intolerance, was being opposed by virtually all liberal-minded people.
SARDAR AMJAD YOUSAF, of the World Muslim Congress, said many societies and nations around the world had seen the systematic erosion of the economic, social and cultural rights of people as a result of discrimination based on religion, caste, creed and ethnicity. The most recent example was the plight
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of Kosovars who had been expelled from their homeland. In South Africa, apartheid had denied the majority of its people of their economic, social and cultural rights. Bosnians and Palestinians were examples where the realization of economic, social and cultural rights were conditioned on acceptance of the terms and conditions of their aggressor.
Mr. Yousaf said in the case of Jammu and Kashmir, the demand for self-determination had resulted in the systematic denial of economic, social and cultural rights. In India, the level of enjoyment of economic, social and cultural rights depended on the caste or the religious group such as Dalits. The minority Christians, Sikhs, Muslims and others enjoyed limited economic, social and cultural rights as second class citizens. Women and children constituted the most vulnerable of the Indian society. There were an estimated 2.3 million women engaged in sex trade and 44 million child labourers.
ROSEANNE OLGUIN, of the International Indian Treaty Council, said that undue harm to the natural resources of indigenous peoples had resulted in harm to them. She blamed globalization and neo-liberalism which had continued to affect economic, social and cultural rights. She cited the case of the Makah Indian Nation in the northwestern state of Washington whose contractually reserved aboriginal rights to take fish and hunt whales and seals. They had been forced to stop whaling in the early part of the century. This was because of the over-exploitation of whale stocks by commercial whalers, and was also due to the forced assimilation policy of the United States Government. The Commission should give special attention to creating a Special Rapporteur on indigenous peoples who could report annually to the Commission on this urgent matter.
ROGER WAREHAM, of the International Association against Torture, said the United States in its hasty attack on the developing world forgot to self-examine its status on economic, social and cultural rights practices. Around 35 million United States residents were hungry or at risk of hunger, including 29 per cent of the children in the country. At any given night around the entrance to United Nations Headquarters in New York, one could not fail to find a homeless person sleeping on the street. Racism was used as a tool to maintain inequality directed behind the scenes. Such inequalities affected 40 million Americans of African descent whose human rights were violated in all economic, social, and cultural rights.
Mr. Wareham said that with regard to health care, Black women experienced 163 per cent more deaths due to diabetes and 78.4 per cent more deaths due to heart diseases than white women. Black men experienced 100 per cent more deaths from diabetes and 92.6 per cent more deaths than white men due to cerebral vascular disorders. In education, Black and low-income students tended to have the fewest well-qualified teachers, fewer resources, and fewer standards for student performance. Environmental racism was
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almost always in Black, indigenous Latino and Asian communities. The Commission should recommend that the Special Rapporteur on the illicit movement and dumping of toxic waste, Fatma-Zohra Ksentini, conduct a mission to the United States.
RYUICHIRO YAMAKATI (Japan) said his country placed high value on both civil and political rights as well as on economic, social and cultural rights. It believed that the full enjoyment of these rights could not be achieved unless all human rights were promoted. Japan recognized the valuable work undertaken by the Commission as well as the Special Rapporteurs and the Working Groups on torture, arbitrary detention, enforced disappearances, extra-judicial and summary executions, freedom of expression, independence of the judiciary and religious intolerance. It hoped that this agenda item continued to be given due respect to the significant work undertaken by those human rights mechanisms and Japan was ready to cooperate in carrying out their mandates. He appealed to the countries where Special Rapporteurs responsible in the field of civil and political rights had not been allowed to visit although they had received invitations from their Governments, to allow these visits.
Mr. Yamakati said the adoption of the Rome Statute for an International Criminal Court last July was a significant step toward ending impunity. Japan urged the international community to fight against impunity.
Mr. LEWALTER (Germany), on behalf of the European Union, stated that the European Union supported the universal ratification of core human rights treaties and urged all States parties which had not yet ratified the Convention against Torture to do so. The European Union commended the Special Rapporteur on torture. It shared his view that breaking through the shield of impunity was of crucial importance in the fight against torture and subscribed to his recommendations, including that all States should ban incommunicado detention, speedily ratify the Rome Statute of the International Criminal Court and ensure that they had legislation that would afford them jurisdiction over perpetrators of human rights crimes.
Mr. Lewalter noted with regret that the Governments of Indonesia, India, Algeria and Egypt had not yet responded to the outstanding requests of the Special Rapporteur to visit their countries and expressed satisfaction that Turkey had responded and that the Governments of Cameroon, Kenya, Romania and China had extended invitations to the Special Rapporteur on torture.
The European Union welcomed the report of the Working Group on arbitrary detention and cited concern as arbitrary detention continued to be widely used. The Union welcomed the abolition in Indonesia of so-called re-education administrative detention. It cited the continued existence of this practice in China and called on the application of Constitutional reform and the provision for the intervention of a judge on these matters.
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MARIO CASTRO GRANDE (El Salvador), said his Government had made a decisive start to establish peace, democratic institutions, and a strong system based on impartial justice and respect for human rights. Great emphasis was being placed on respect for pluralism and on tolerance. The country's system of due process now regulated internal law through constitutional law, and also reflected international human rights law, as El Salvador had ratified international human rights conventions.
Mr. Grande said foreigners detained in a receiver State should not be at a disadvantage because of differences such as language or lack of knowledge of the prevailing law; a State that tried a foreigner should comply in all cases with article 36 of the Vienna Convention to guarantee him due process and a fair trial. Another serious human rights threat was terrorism; more had to be done by the international community to battle this scourge.
JORGE VOTO BERNALES (Peru) cited the statement by the member of the Working Group on arbitrary detention, Louis Joinet, in which he noted that there had been abuses which were isolated acts and were not representative of the Government of Peru. Peru had enacted a law which regulated the juridical code with regard to detention according to the recommendations of the Working Group. As for other recommendations of the Working Group regarding military justice and jurisdiction, Peru had not neglected its international obligations. In terms of conditions of detention for those detained for terrorism crimes, Peru had made great efforts to improve prison conditions, especially over-crowding. Peru was grateful to the Working Group for its frankness and transparency and its acknowledgment of Peru's cooperation with the mission.
ALFREDO MICHELENA (Venezuela) said the report on torture before the Commission made useful recommendations for eradicating such inhuman practices which occurred in many countries, including Venezuela. However, such reports should be accurate and balanced and should mention progress made by countries as well as problems experienced by them. Venezuela regretted that none of the information it had sent the Special Rapporteur in four communications had appeared in the report.
Mr. Michelena said Venezuela struggled for human rights with great effort; it was a democracy that was trying to put down roots and gain experience; there was legal respect for human rights in Venezuela and the Government was trying to involve civil society in its efforts to bolster the situation of human rights. Many steps had been taken and important progress had been made to eliminate torture, including through improved protection of detainees and strengthening of free trial provisions.
V.K. ERMAKOV (Russian Federation) said civil and political rights were the starting point from which the temple of human freedom had been built over several centuries. Now globalization was occurring which affected not only
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economic, social and cultural rights, but also civil and political rights. There was a rapid increase in the role of non-State actors in international commerce and life. These actors did not have State obligations but had great power and wealth and sometimes were allied with extremist or anti-human rights agents. They were involved in trafficking in people and narcotics, for example.
Mr. Ermakov said freedom of expression sometimes suffered internationally, too. The information campaign surrounding the conflict in Yugoslavia had been unbalanced, for example -- it had prepared the world for the aggression that later came about; it said a great deal about the sufferings of one side but said little about the suffering of the other side, the Serbs. It approached brainwashing. The Russian Federation was struggling to improve administration of justice and its penitentiary system, despite mounting pressure on these systems and limited resources.
YLVA BIE (Norway) said no democratic state could be consolidated and sustained without the rule of law. The rule of law was an indispensable element for the protection of human rights and of good governance. The item on civil and political rights dealt with the essence of rule of law through subitems like arbitrary detention, independence of judges and lawyers, human rights in states of emergency, freedom of opinion and expression, as well as the very grave problem of torture and involuntary disappearances. The work of fact-finding and monitoring mechanisms had developed significantly over the past few years. This work should be given necessary attention and sufficient resources.
Mr. Bie said Norway welcomed the adoption in Rome of the Statue of the International Criminal Court which established enhanced deterrence against the most heinous international crimes. Norway stressed the need for implementation of international standards on the prevention of torture and other cruel, inhuman and degrading treatment or punishments through national legislation. Allegations of torture and ill-treatment should be investigated promptly, impartially and thoroughly. This needed full cooperation of all international human rights mechanisms.
ANTON PACURETU (Romania), in response to the report of the Working Group on arbitrary detention, stated that it had taken resolute steps in line with the conclusions and recommendation put forward by the Working Group. Romania had closed down the rightly criticized Centre for Illegal Migrants at Giurgiu and had passed reformed laws on the statute of aliens. Other measures that had been taken in conformity with recommendations on this issue were, among others: a national plan for the adoption of the European Union acquis communautaire aimed at promoting rule of law as to the freedom of movement and protection from arbitrary detention of aliens in Romania; full cooperation with the Special Rapporteur on Torture by correspondence, through investigations into all individual cases brought to its attention, and by
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arranging a fact-finding country visit. He continued by identifying Romania's efforts with regard to religious intolerance and cited many internal changes in conformity with the report of the Special Rapporteur on religious intolerance.
RAIMONDS JANSONS (Latvia) said civil and political rights were one of most discussed subjects in the Commission. This set of rights gained particular importance for Latvia when it renewed its independence and consequently inherited a multi-ethnic society. The global changes in political systems and the emergence of new and renewed states had made an impact on the whole concept of civil and political rights during the last decade. It was even more obvious in regions which were affected by the conflicts as a result of political changes undergone. In some cases it translated into massive flows of refugees and asylum seekers. In such cases the aspect of nationality arose, among other aspects.
Mr. Jansons said that since then, the concepts of nationality and citizenship had gone through considerable changes, including the concept of European citizenships. Amendments in the nationality laws of some country were evidence of that. That was why Latvia supported Commission resolutions 1997/36 and 1998/48 to take into account the variety of particular circumstances. In 1994, the concept of Latvian nationality was embodied in a single document -- the Citizenship Law. These changes had been positively evaluated not only by Latvian society but also other countries and international organisations.
MOUNIR ZAHRAN (Egypt) said terrorism had many repercussions on human rights; Egypt appreciated the efforts of the Subcommission on Prevention of Discrimination and Protection of Minorities to study the matter. Non-governmental organizations also should be held to account and should do more about the problem, as some of them sometimes behaved very irresponsibly. More international cooperation was needed in general to combat terrorism.
Mr. Zahran said protocols related to conventions on torture and the rights of the child should have credibility and should be designed so that they meshed well with justice systems and national laws. Egypt always cooperated with the Commission and its human rights machinery, and had cooperated fully with Special Rapporteurs and the Committee against Torture. The Special Rapporteur on torture had been invited to visit Egypt, and although he was unable to do so because of a scheduling conflict, extensive communications had been held and would be held with him.
ERIK HOLST (Denmark) said his country fully supported the statement made by the German Ambassador on behalf of the European Union. However, it wished to voice some concerns regarding the urgent need for a speedy finalization and adoption of basic principles and guidelines for restitution, compensation and rehabilitation for victims of gross violations of human rights and
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international humanitarian law. Such principles and guidelines had already been formulated and later revised by the Special Rapporteur of the Subcommission, Theo van Boven, and had been presented to this Commission. For victims of torture, there was a pressing need to develop general statements on the rights of victims of torture and obtain compensation and rehabilitation. These victims were deprived of whatever possessions they had, of educational opportunity, or professional development.
The Danish delegation welcomed the report of the Independent Expert on the right to restitution, compensation and rehabilitation of victims of grave violations of human rights and fundamental freedoms. It welcomed the continued systematic review of current national practices, but strongly felt that such a continued review should not delay the adoption of basic principles and guidelines. These should benefit the inclusion of experiences gained in connection with practical implementation of proposed principles and guidelines in Member States.
ALEKSANDER KAVSADSE (Georgia) said the country fully supported adoption of the proposed optional protocol to the Convention against Torture; torture was a great evil and a process of preventive visits to places of detention worked well, as Georgia had discovered. Bloody ethnic conflicts and the presence of over 200,000 displaced persons had challenged the systems of the country; these systems were being reformed and strengthened.
Mr. Kavsadse said the Working Group on the optional protocol to the Convention against Torture must continue its work on the draft text, and all relevant actors must participate energetically. Cooperation was necessary for genuine protection of human rights -- continuation of this work was a moral obligation based on the need to carry on with the efforts made by earlier generations.
GRACIBEL BU FIGUEROA (Honduras) said his country had legislated numerous reforms under the direction of President Carlos Flores toward human rights. A National Commission of Human Rights had been established to guarantee oversight of the international conventions signed and supported by Honduras. The establishment of national police under an independent civil authority and the modernization of the judicial administration was evidence of the country's continued efforts in the field of human rights.
RICHARD VAN RIJSSEN (Netherlands) said that despite a host of instruments and good intentions, freedom of religion or belief was still repeatedly and flagrantly violated around the world; outbreaks of hatred and violence had emerged with alarming frequency and intensity, and Governments sometimes acted in ways that increased rather than decreased religious intolerance and discrimination.
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Mr. Rijssen said legislative and legal remedies were not enough; proactive solutions were needed because they dealt squarely with root causes, not symptoms. Action thus should be taken at the level of education and dialogue; tolerance, constructive dialogue, and the exchange of views and experiences between people from different backgrounds armed everyone with the information necessary to build bridges between religions and traditions.
CORRECTION
The right of reply of the Permanent Representative of Cyprus to the United Nations Office at Geneva, Petros Eftychiou, which appeared on page 13 of press release HR/CN/901 of 8 April 1999, should read as follows:
PETROS EFTYCHIOU (Cyprus), speaking in right of reply, said the Representative of Turkey, a country that stood convicted by the European Court for Human Rights for its massive and continuing violations in Cyprus, not only dared claim before the Commission that his country had not violated any human rights, but proceeded even further with allegations and aphorisms that aimed at clouding the issue and diverting attention from its culpability. Mr. Eftychiou said he was truly amazed and shocked that even within the Commission, the Representative of Turkey had attempted to slander Cyprus, the one country that had suffered the most from Turkey's State-sponsored aggression and terror tactics. No matter what Turkey claimed, the facts spoke for themselves. Turkey continued to occupy 37 per cent of the territory of the Republic of Cyprus; it had forcefully evicted almost 200,000 people from their homes; it kept more than 35,000 troops in the occupied area of Cyprus; it had implanted 114,000 of its own citizens in the occupied area of Cyprus; and it had caused or contributed to the looting and destruction of thousands of years of Cypriot cultural heritage. These were verified facts on the ground that could neither be ignored nor brushed under the carpet with eloquence and allegations.
The right of reply of Sudjatnan Parnohadiningrat of Indonesia, which appeared on page 13 of press release HR/CN/901 of 8 April 1999, should read as follows:
SUDJATNAN PARNOHADININGRAT (Indonesia), speaking in right of reply, said Portugal had again distorted the situation in East Timor; Indonesia had taken a bold step to change the situation for the better, and it was clear that this caused not only hope but also confusion and negative reactions in some quarters. Portugal should try to take a cooperative, conciliatory approach and to support dialogue and tolerance; statements such as those made by Portugal in the Commission were not helpful; they were a shallow attempt to score "points". Indonesia strongly rejected the contention of Portugal that it had been giving arms to certain factions in East Timor -- Indonesia would never risk the peace process by doing that. For general peace and security in the region, in fact, disarmament of all factions should be carried out, a point Portugal had failed to mention.
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