CHALLENGE IS TO FIND SOLUTIONS TO ECONOMIC, SOCIAL, CULTURAL AND POLITICAL PROBLEMS, FOREIGN MINISTER OF SENEGAL TELLS HUMAN RIGHTS COMMISSION
Press Release
HR/CN/907
CHALLENGE IS TO FIND SOLUTIONS TO ECONOMIC, SOCIAL, CULTURAL AND POLITICAL PROBLEMS, FOREIGN MINISTER OF SENEGAL TELLS HUMAN RIGHTS COMMISSION
19990412 Special Rapporteur on Freedom of Opinion and Expression Introduces Report(Reissued as received.)
GENEVA, 12 April (UN Information Service) -- Jacques Baudin, the Minister of Foreign Affairs of Senegal, this morning told the Commission on Human Rights that the challenge of the next century would be to find lasting solutions to the economic, social, cultural and political problems facing the globe. Until now the international community had shown a great lack of courage in implementing economic, social and cultural rights. Much more efforts had to be made to promote these rights as well as development.
The Commission also heard from Abid Hussain, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, who said that human rights advocacy was a powerful political weapon and care had to be taken to see that in advancing its cause, it was not inadvertently allowed to be exploited or manipulated by the powerful in order to advance hidden agendas against the less powerful.
Mr. Hussain noted that while more and more countries had accommodated more freedom of expression, there were still countries where people were placed half way between freedom and suppression of rights.
The Commission continued its discussion on civil and political rights. A number of government representatives spoke on various aspects of these rights, including measures taken to uphold them. Pakistan and the Philippines said that the Commission's objective of promoting fundamental human rights and freedoms for all could be best accomplished if it addressed the factors which continued to impede full and effective realization of the right to development.
Mexico and Norway both expressed their concern that Special Rapporteurs did not have adequate resources to optimize the accomplishment of their
mandates. Saudi Arabia took exception to the Special Rapporteurs methods of dealing with communications from States.
Representatives of the following countries addressed the Commission: United States, China, Argentina, Ireland, Senegal, Mexico, Norway, Botswana, Pakistan, Ecuador, Indonesia, Philippines, Poland, Sri Lanka, Saudi Arabia, Malaysia, Cyprus, and Nicaragua,
A representative of the United Nations Educational, Scientific and Cultural Organization (UNESCO) also spoke as did a number of non-governmental organizations including International Educational Development, Asian Cultural Forum on Development, International Union of Socialist Youth, Federation of Associations for the Defense and Promotion of Human Rights, Indian Movement "Tupaj Amaru", and the Association for the Prevention of Torture.
The NGOs raised allegations of violations of civil and political rights in specific countries.
The Commission will continue its debate on civil and political rights at 3 p.m. this afternoon.
Civil and Political Rights
Under this item, the Commission has before it document (E/CN.4/1999/64) which is a report by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Abid Hussain. This report covers the right to seek and receive information, national security laws, criminal libel, new information technologies, and women and freedom of expression in 25 countries.
The Special Rapporteur strongly encourages States to take all necessary steps to ensure the full realization of the right to access to information. Regarding new information technology, they should be considered in the same light as all other methods of communication. All reasonable steps should be taken to promote access to the Internet. The Special Rapporteur expresses great concern at the continuing silencing of women by various devices. All necessary steps to combat this should be taken.
The Commission also has before it document (E/CN.4/1999/64/Add.1) which is an addendum to the report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Abid Hussain, concerning his mission to Malaysia. The Special Rapporteur concludes that Malaysia has of late made great progress in the economic and social fields. Steps need to be taken to strengthen the protection of human rights, and in particular the rights to freedom of opinion and expression. The Special Rapporteur notes that the Malaysian public would like to see more transparency
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and accountability in its own media. Freedom of expression would be enhanced if a more liberal view were taken with respect to demonstrations.
The Special Rapporteur encourages the Malaysian Government to consider taking further steps to fully guarantee the protection of the right to freedom of opinion and expression. The Government ought to review cases of persons who are being held for having exercised their right to freedom of opinion and expression with a view to releasing them. The Government needs to take the necessary steps to ensure the independence of the media, and to respect the right of Malaysians to hold peaceful demonstrations and assemblies. The Government is encouraged to align its national law with the provisions of international law relating to freedom of opinion and expression. The Special Rapporteur recommends that the Government take all necessary steps to sign and ratify the International Covenant on Civil and Political Rights.
Also before the Commission is document (E/CN.4/1999/64/Add.2) which is an addendum to the report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression concerning mission to Hungary. Mr. Hussain concludes that the large-scale transition in Hungary from an authoritarian to a more democratic State has led to profound political, economic and social changes. A wide range of international obligations have been accepted in the field of human rights. Many new laws have been drafted and passed for the creation of a democratic system and a liberalised market environment.
The Special Rapporteur recommends that the Government should ensure that future legislation and its implementation are in compliance with international standards, and to consider ways to ensure that these will not affect freedom of expression and media freedom. All necessary measures should be considered to limit the financial pressure on the media.
Statements
ABID HUSSAIN, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, said that while more and more countries had accommodated more freedom of expression, there were still countries where people were placed half way between freedom and suppression of rights. Under his mandate, he had accomplished among other tasks the following: communications had been sent to States on allegations received on violations of the rights to freedom of opinion and expression; cooperation had been strengthened with other human rights mechanisms, non-governmental organizations and other United Nations agencies and a more complementary approach was worked out; and, visits had been continued to countries including Malaysia and Hungary.
The Special Rapporteur said that he had drawn attention to the following issues among others: stressed the importance of the freedom of the press and
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the role of writers in a democratic State; underscored a balance between freedom and security; underlined that cases of libel and defamation suits had led to a climate of fear in which writers, editors and publishers had become increasingly reluctant to report and publish on matters of public interest; noted that new technologies had remained a challenge, particularly the Internet; and stated that the promotion and protection of women's right to freedom of opinion and expression was an issue which deserved particular attention.
He concluded with a word of caution that since human rights advocacy was a powerful political weapon, care had to be taken to see that in advancing its cause, it was not inadvertently allowed to be exploited or manipulated by the powerful in order to advance hidden agendas against the less powerful.
JACQUES BAUDIN, Minister of Foreign Affairs of Senegal, said the challenge of the next century would be to find lasting solutions to the economic, social, cultural and political problems facing the globe. Inequalities seemed to be increasing -- in 25 years there would be 8 billion people on earth, more than half of them living below the poverty level. Until now the international community had shown great lack of courage in implementing economic, social and cultural rights. Much more effort had to be made to promote development. Nor was the situation in other fields of human rights encouraging -- who would have believed that a few hundred miles from here, in Kosovo, such a catastrophe could be under way; that such a systematic, thorough tragedy could be created in this age to deny Kosovars their basic human rights.
Racism was entirely unacceptable in this day and age, the Foreign Minister said. For that reason Senegal and other countries of Africa were encouraging the Spanish Government to return from its Darder Museum in Banyoles the body of an African warrior chief that was on display there; this body should be returned to Africa for a humane and dignified burial. The Senegalese delegation to the Commission had worked hard to eliminate racial discrimination and would contribute as much as it could to preparations for the upcoming World Conference against Racial Discrimination.
Senegal was making every effort to consolidate the harmony and cohesion of Senegalese society and to promote economic, social and cultural rights, Mr. Baudin said. Senegal had been the first country to ratify the Statute establishing the International Criminal Court; it considered the Court to be vital for combating impunity and ensuring justice and effective respect for fundamental human rights.
FRANK LOY (United States) said that profound and wondrous changes in the architecture of world governance had taken place since the passage of the Universal Declaration of Human Rights. Today, more people enjoyed the right to democratic self-governance than ever before. Not all was well however, for
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example in States such as Yugoslavia, Sierra Leone, China, Afghanistan, Belarus, Cuba and Iraq, where democracy did not hold sway. Democratization was a long, difficult and complicated struggle that should begin within a society, rather than be imported. The United States had a long-term interest in promoting democracy for many reasons, including national security and the protection of human rights. The Office of the High Commissioner for Human Rights had recognized this, and had been deeply and commendably involved in democracy-building efforts. But it had not spoken directly on the issue of promoting the right to democracy for many years. The Commission was therefore called upon to affirm the right of all people to democratic governance.
LI BAODONG (China) said the United States had just now engaged in groundless allegations against China; its supposed efforts to promote civil and political rights were hollow; it should provide full freedom and democracy for its own people and put its own house in order instead of pointing its finger at others.
Mr. Baodong said China believed that the realization of civil and political rights required attention to the balance between rights and obligations -- as there were no obligations that did not lead to rights, there also were no rights that did not have obligations; it required building civil and political rights on a platform of economic development; and it required patience, as the process was long and gradual. To that end, China was taking major steps, among other things, to speed up the process of governing the country with emphasis on judicial independence and fairness; to protect freedom of speech in accordance with the law; to protect religious freedom; and to prohibit and oppose torture. Much progress had been made, but the Government also knew it had a long way to go and was willing to work with others to progress further.
PABLO CHELIA (Argentina) spoke regarding the mechanisms concerning torture, the right to life, personal liberty and security, the right to freedom and the right to conscience and religion. Argentina fully supported the affirmation, promotion and implementation of civil and political rights. Argentina had fully cooperated with the Working Group on forced or involuntary disappearances. Regarding independence of the judiciary, administration of justice and impunity, Argentina stated that it had instituted constitutional reforms intended to guarantee the independence of the judiciary. Argentina had furthermore undertaken a programme of indemnity for victims of arbitrary detentions, disappearances, and torture and had paid out $823 million as compensation.
Mr. Chelia said Argentina agreed with the Special Rapporteur on torture's report and his conclusions that public agents that had committed acts of torture must not be allowed to continue with impunity. Argentina had also supported the recommended international measures to put an end to torture at the level of an international criminal court.
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MAHON HAYES (Ireland) said that his country attached great importance to the independence of the judiciary, administration of justice, and impunity. Issues such as the question of intimidation and harassment of defence lawyers in Northern Ireland were of grave concern, both in Ireland and among the international human rights community. Ireland would monitor closely the progress and outcome of the investigation now undertaken by senior British police officers with the assistance of the United States Federal Bureau of Investigation into such matters. Religious intolerance, although difficult to acknowledge as such, was one of the root causes of many conflicts and strife both within and between nations which had occurred over many centuries. Freedom of religion and belief was still not enjoyed by all people in all parts of the world, although considerable progress had been made.
ELEZAR RUIZ Y AVILA (Mexico) said that all human rights were universal, indivisible and interdependent. However, civil and political rights were the ones most commonly associated to democracy, and could not be aspired to without respect for those rights in all circumstances; nor could such a respect be guaranteed outside a regime with broad liberties and under the rule of law. The full realization of all civil and political rights had not yet been reached in Mexico despite great efforts to create a legality culture and to consolidate the rule of law in three areas: legal standard setting; enforcement of law; and cooperation with regional and universal mechanisms for the promotion and protection of human rights. Three aspects were referred to: freedom of expression, the fight against torture, and the administration of justice. It was not acceptable that due to the lack of resources, reports of the special mechanisms presented incomplete pictures of national situations of human rights. It was important to secure the necessary resources so that the special mechanisms reports reached the impartiality and objectivity that they deserved.
MERETE BRATTESTED (Norway) said freedom of religion or belief included the right not to have a religion or belief, and to change one's religion; religious freedom explicitly entailed as well the right to public worship and to educate one's children in one's own religion; religion was an upholder of culture and a bearer of ethics. However, religion could be misused; too often today it was turned into an instrument for gaining political power and promoting the exclusiveness of one group at the expense of others. Religious intolerance often was shown towards other religions and people of other faiths and beliefs.
Mr. Brattested said that last August, the Oslo Conference on Freedom of Religion and Belief had resulted in the Oslo Coalition on Freedom of Religion and Belief to promote tolerance. Norway supported the work of the relevant Special Rapporteur and thought his title should be changed to "Special Rapporteur on freedom of religion and belief".
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LEGWAILA JOSEPH LEGWAILA (Botswana) said that no democracy was worth its name in which citizens' civil and political rights were curtailed, abused, or denied. The full enjoyment of these rights was a vital prerequisite for a normal society, founded on the rule of law. So was the full enjoyment of all the other human rights. Botswana fully subscribed to the truism that human rights were universal and indivisible. They were not the cultural heritage of one particular society. No country anywhere was licensed or entitled to brutalize its citizens, or to deprive and deny them their human rights for any reason. Torture and detention without trial could not and should not be allowed in a civilized society. Botswana's Constitution prohibited the practice of torture and detention without trial, and the law meted out punishment to those found guilty of their perpetration. Disappearances and summary executions were alien to the country, and freedom of expression was one of the most cherished human rights. International human rights instruments on their own could not create a world free of religious intolerance, and various other forms of human rights violations. The responsibility of putting them into effect rested on the Member States and Governments.
SYED SHARIFUDIN PIRZADA (Pakistan) said the Commission's objective of promoting fundamental human rights and freedoms for all could be accomplished if it addressed the factors which continued to impede the full and effective realization of the right to development. An equitable international economic order should be established. It would enable developing countries to ensure the enjoyment of civil and political rights for their citizens.
Mr. Pirzada said that it was only through genuine respect for the plurality of beliefs, religious traditions, value systems and modes of thinking that the international community could foster the realization of the Universal Declaration of Human Rights. He outlined the administrative and legislative measures that Pakistan had taken including among others: a National Plan of Action especially concerning women's rights; a Task Force on Child Labour; a Cabinet Committee to review the provisions relating to the death penalty for blasphemy; magistrates had been required to investigate allegations of blasphemy; an Inter Faith Committee; and a National Commission on Minorities had been established at the federal level.
Mr. Pirzada said concerning the Special Rapporteur on the independence of judges and lawyers, Pakistan had a Constitutional article which laid down the independence of the judiciary which had taken full effect. The Special Rapporteur should consider the potential difficulty created by a Bench to hear matters which were considered to be a prerogative of the Chief Justice and the membership of a Judge to the Bench on the grounds of bias. The South Asian Sub-continent had a long tradition of contributions to the independence of the judiciary.
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JOSE VALENCIA (Ecuador) said the interrelationship between civil and political rights; economic, social and cultural rights; and the right to development was critical. In theory all were equal, but this was the real world and in given circumstances and within certain territories, certain types of rights were violated purposely and with premeditation. The Commission faced a great challenge not only to ensure that international instruments on civil and political rights were observed, but also to ensure that they were observed effectively in a way that responded to international emergencies. Mass, repeated violations of extreme seriousness required quick and effective reaction by the Commission and the international community.
Mr. Valencia said dialogue and cooperation were the best approach for the Commission in dealing with human rights problems in general; they simply yielded the best results. The Commission's thematic rapporteurs should be encouraged to continue their work in this spirit.
HASSAN WIRAJUDA (Indonesia) said his country was undergoing a process of unprecedented and fundamental reforms in all fields, notably in the political, economic, social and legal sectors, the objectives of which were to restore socio-economic conditions, to enhance democratic political life, and to enforce laws. Human rights were placed as an all-encompassing element of these reforms. Legislative and judicial assurances were indispensable elements to the process of promotion and protection of human rights. Unhindered freedom of speech and open criticism, as well as the omnipresence of public demonstrations, freedom of the press, the release of all political prisoners, new political parties, and a growing number of human rights non-governmental organizations were matters of everyday realities. Indonesia had also developed bilateral as well as multilateral cooperation in fields of human rights, and Special Rapporteurs had been invited to the country. The Working Group on arbitrary detention had also visited, and measures had already been taken that closely matched its recommendations. These were a yardstick of the degree of progress made in all other aspects of civil and political rights in the wider context of the blossoming of a new spirit of democracy in the country.
ROSALINDA TIRONA (Philippines) said the people who brought down authoritarianism in the Philippines would have felt betrayed if the democratic Government that took over did not give the same high priority to economic, social and cultural rights as it did to civil and political rights. In the approach taken by the Philippines Government, it was hard to tell where emphasis on one school of rights ended and emphasis on the next began. To set a course for the future, a People's Economic Summit had been held, resulting in a Social Pact for Empowered Economic Development, and this broad based effort had been successful in part because there was a sense of national consensus and ownership of the process.
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Ms. Tirona said civil and political rights were best pursued not in isolation but in partnership with economic, social and cultural rights, especially in the world's poorer countries. But in calling for greater understanding for the situation faced by developing countries, the Philippines did not mean that Government oppression should be tolerated, nor did the Philippines have sympathy for Governments with profligate military spending or leaders who stole the wealth of their nations.
JANUSZ STANCZYK (Poland) said that the effectiveness of United Nations control over the exercise of human rights had been under discussion for some time. One of the most important means of control was the report submitted by individual States. It seemed that recommendations and guidance formulated by the relevant Committees were underestimated in their role. Undertaking activities aimed at the implementation of the recommendations issued by the Committees, as well as at the elimination or limitation of the ascertained transgressions, could have positive influences on the effectiveness of means of control over the exercise of human rights. The system of control over respecting human rights stipulated by the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was not capable of providing effective control over the compliance with the prohibition to use torture and other inhuman, cruel or degrading treatment or punishment. There was a need for additional mechanisms, which would be based on different principles, and would enable not only the ascertainment of violations post factum, but would also act in a preventive manner. They could be created on the basis of the draft additional Protocol which stipulated monitoring the conditions in which persons deprived of liberty were being kept.
PRASAD KARIYAWASAM (Sri Lanka) said the Government had established three different Commissions in 1994 to investigate disappearances in three geographical regions of the country; their work was concluded in September 1997; their reports were published and also shared with the Working Group on enforced or involuntary disappearances; another Commission had been established in 1998 to look into disappearances which had not been covered by the work of the other commissions. These were serious efforts to come to grips with the problem, and prosecutions of several security force members and others had occurred based on the findings. The Attorney General's Department was processing a number of other cases, and a special unit had been created to handle these and other human rights cases.
Mr. Kariyawasam said the process was complex and difficult, in part because the LTTE terrorists were responsible for a large number of disappearances; it was hard to find a solution to this problem, although the Government was trying. The Working Group had been invited to visit Sri Lanka this year. It was for the international community to take a combined and resolute stand against terrorism.
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ALAIN MODOUX, of the United Nations Educational, Scientific and Cultural Organization (UNESCO), said UNESCO had established a close working relationship with the Commission and in particular with the Special Rapporteur on the freedom of opinion and expression. The resources of UNESCO were at the disposition of States in fulfilling the Special Rapporteur's recommendations.
Mr. Modoux outlined UNESCO's activities contributing to the promotion of the freedom of expression and public education as well as to operational activities including the following among others: offering media assistance to national authorities; organizing permanent seminars to relevant bodies on the facilitation of democratic measures; supporting the creation of local radios, and professional training. UNESCO had assumed a pioneer role in conflict zones to promote an environment of peace with and by the media.
Mr. AL-MADI (Saudi Arabia) said that some Special Rapporteurs had treated their subjects in an imprecise manner, and without respecting the advice given to them by the States visited. Three specific examples were given. Communications by the States were ignored, clarifications were not given, and errors were not corrected. There was a contradiction between what was decided in the Working Group and what was in the report. This was unsatisfactory, since States were being accused, and had no means of responding to the accusations. The rights of States needed to be made clear, and communications distributed to all.
HAMUDIN HAMZAH (Malaysia) said the Special Rapporteur on freedom of opinion and expression, in his report on his visit to Malaysia, had focused mainly on the trial and detention of Anwar Ibrahim and related developments. Thus he had produced only a snapshot in time and had failed to bring forth the difficulties and hard choices faced by a democracy operating in a multi-ethnic society living in a turbulent world. He also had failed to note the historical context and social impulses which had formed the Malaysian mind set on the issue of freedom of opinion.
Mr. Hamzah said the Special Rapporteur gave the impression that all Malaysian laws were a means of suppression without indicating that if they were imperfect, they did mitigate and provide a yardstick for the hard choices the people and Government faced every day. And as laws, they were passed by a freely elected legislature and so represented public opinion and public standards of morality. Democracy was a work in progress; if the laws concerned were seriously flawed, the legislature and public would amend them -- but it was up to the voters to decide.
PETROS EFTYUCHIOU (Cyprus) spoke of the tragic issue of persons missing from Cyprus since 1974. This issue had first been seized upon by the Commission in February 1975. The resolution then adopted called for the intensification of efforts aimed at tracing and accounting for all the missing persons. Today, 24 years later, their fate remained undetermined. The
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violation of the human rights of the missing persons and their families continued unabated. It was apparent that the necessary political and humanitarian will would exist if an end was to be given to the problem, but only if the human rights of the missing and their families were restored and respected by all. This can be done not on presumptive speculations but with the presentation of the necessary evidence proving the fate of each and every missing person. The destruction of the religious, historical and cultural identity of any country did not only constitute a painful violation of human rights, but was also an insult to human dignity and an affront to the international community.
ALVARO MONTENEGRO MALLONA (Nicaragua) stated that his country had made enormous progress in legal reform regarding civil and political rights including torture and detention, disappearances, liberty of expression, independence of the judiciary, the administration of justice and impunity, and religious intolerance, among others. Nicaragua had overcome a history filled with tragic memories of violations in these areas. Numerous areas of legislative and administrative reform were outlined which illustrated a new environment toward human rights and their observance.
Mr. Mallona said that despite the devastating effects of Hurricane Mitch, it had had a positive effect on Nicaragua's body of law. The Consultative Social Civil Council and the Presidential Commission for the Reconstruction and Transformation of Nicaragua were made up of an integrated group of representatives from diverse political, religious and civil sectors which had presented to the President of the Republic a future vision of Nicaragua and had concluded that their future must be based on a foundation of mutual tolerance, respect, solidarity, honesty, transparency and ethics and considered fundamental the values of true, open democracy.
He concluded by stating that Nicaragua had chosen to continue its course toward strengthening democracy and the body of law essential for promoting and protecting those fundamental political and civil rights.
ZACK DE LA ROCHA, of International Educational Development, said Mumia Abu-Jamal was the only political prisoner in the United States who faced the death penalty. A prominent journalist from Philadelphia who frequently reported on police brutality, Mr. Abu-Jamal had been threatened by the then-mayor of Philadelphia just before his arrest and it was clear that his advocacy for racial equality was a major factor in the imposition of the death penalty as the result of an incident in which a police officer was killed. In fact, Mr. Abu-Jamal was beaten by police officers and then shot in the incident; his trial was a travesty; there were many abuses of fair-trial provisions; now he was kept in solitary confinement. He should be released, and the Commission should condemn the way he had been treated.
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Mr. Rocha said the organization also was concerned about two cases of torture by Moroccan officials in Western Sahara; about the conditions of detention of Abdullah Ocalan in Turkey; and about the situation in Yugoslavia and Kosovo -- all parties should stop the bombing.
JOHN SOUTHALAN, of the Asian Cultural Forum on Development, spoke of various national security law abuses in the Asia Pacific region. These laws gave the State through the police, military or prosecution system wide powers of investigation and detention, and permitted restrictions on peoples' liberties. They also contributed to human rights abuses across the Asia Pacific region, not just in countries with military governments or dictatorships, but also in countries with established democratic and judicial systems. The majority of these laws breached the Universal Declaration of Human Rights, and where they did not, governments' use of the law could do so. Any government restrictions on citizens's rights should be in accordance with international law, and should be subject to democratic processes by being properly controlled by the parliament and by the courts. Governments in Asia should repeal these laws that violated human rights or provided impunity for government violations, increase transparency and accountability in their use, and ensure all current and future laws complied with international standards.
KARMA YESHI, of International Union of Socialist Youth, said he was a Tibetan refugee who had now lived 33 years in exile; Tibetans in exile were what the world termed a "stateless" people; they had no international recognition. There was an appalling situation among detainees held in Tibet; they were subject to prison conditions well below international standards; torture and beatings were commonplace; prisoners were held for months without any outside contact; their workloads under Chinese overseers were heavy -- in fact prison labour camps had become profitable ventures for the Chinese authorities.
Mr. Yeshi said the Chinese violated many human rights in Tibet, including the rights to freedom of expression, assembly, association, and religion. He had been engaged in an indefinite hunger strike outside the Palais des Nations since 5 April; he and the other two hunger strikers trusted that the international community would help them end the human rights violations in Tibet. One of their demands was adoption by the Commission of a strong resolution condemning China's human rights record.
FERNANDO MARINO, of the Federation of Associations of the Defence and Promotion of Human Rights, said the organization had adopted the project of the international convention for the protection for all persons against forced disappearances and requested that the Commission make all possible efforts for its success.
Mr. Marino said the Federation expressed its disappointment at the delay of the optional protocol to the Convention against Torture and Other Cruel,
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Inhuman or Degrading Treatment or Punishment, and noted paradoxically that many western democratic States had demonstrated their reticence in the establishment of this protocol. It commended the Special Rapporteur on torture, Nigel Rodley, on his report and signalled the organization's agreement with his comments on impunity in Turkey regarding torture. The organization cited its disappointment also with the United States which had not accepted the control measures which would allow the presentation of individual communications before the Human Rights Committee nor had the United States signed the Statute of the International Criminal Court in Rome.
LAZARO PARY, of the Indian Movement "Tupaj Amaru", said many indigenous peoples could not participate in international fora, as their organizations were not recognized. Accredited non-governmental organizations were asked to submit reports on their activities every four years, and not every year, but last year the Indian Movement "Tupaj Amaru" had been asked to submit an exceptional report because the Government of Colombia had complained that the Movement had accredited two Colombian nationals as members and participants. It was true that this had occurred.
Mr. Pary said that in this Commission a terrorist had spoken with great arrogance from the seat of a Government and no one had stopped him; this kind of political pressure and the allegations against the Movement were unfair; the two people accredited were legitimate human rights defenders; and it was especially unfair that the allegation came from the Government of Colombia, which was responsible for extremely brutal human rights violations. This kind of harassment of NGOs, if it continued, would greatly damage the credibility of the Commission.
CLAUDINE HAENNI, of the Association for the Prevention of Torture, spoke of two outstanding concerns on the issue of the prevention of torture. The draft optional protocol to the Convention on Torture was exemplary, since it prevented violations, rather than responding to them. It also promoted the implementation of standards to prohibit torture and provided states with free expertise and technical support. It fostered an ethos of co-operation and dialogue. There was hope for substantive progress, and that this Optional Protocol would soon be concluded, since its universal ratification was a necessary and important step towards the prevention of torture. The Commission was urged to encourage States to ratify the Convention on Torture and to withdraw their reservations, especially those concerning the substantive provisions.
CORRECTION
The statement by the Permanent Representative of El Salvador, Victor Manuel Lagos Pizzati, which appeared in press release HR/CN/901 of 8 April, should read as follows:
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VICTOR MANUEL LAGOS PIZZATI (El Salvador), speaking on behalf of the Central American Group, said the members of the group had been working ardently toward the protection and promotion of all human rights during the last decade. The countries of Central America had been enjoying the fruits of peace and stability without precedent which had allowed considerable improvements toward modernization and democracy. Nevertheless, poverty and extreme poverty had remained as an obstacle toward the complete enjoyment of human rights in the region.
Mr. Lagos Pizzati said the Central American Group agreed with the Special Rapporteur on toxic wastes and would take every legal measure to prohibit the cross-border transportation of toxic wastes and dangerous products. The group also agreed with the Special Rapporteur's assessment that the national and international legal framework existed to thwart the transportation of these toxic products. Developing countries did not have the national capacity necessary to enforce legal agreements and the group called on the United Nations and the international community to adopt all necessary means to assure the control and enforcement of measures aimed at elimination of these dangerous abuses.
The statement by the representative of the Commission for the Defence of Human Rights in Central America, Celia Cristina Sanjur Palaoios in press release HR/CN/903 of 9 April 1999, should read as follows:
CELIA CRISTINA SANJUR PALAOIOS, of the Commission for the Defence of Human Rights in Central America, drew attention to the violation of human rights in the region. The damage done in Central America by El Niño and Hurricane Mitch had caused grave structural damage to the region. The deterioration of the quality of life was alarming. Globalization was also alarming, since it had negative effects on the independence of countries, their internal integrity, and upon their internal structures, such as educational institutions.
There was growth of fiscal deficits in the region. Women were often more affected by these worsening economic conditions than were men. There was a deterioration of primary care programmes and a growth in exploitation of workers. Care of the environment was rarely a consideration of Governments desperate for revenues. The massive violations of human rights in Central America could only be addressed by international intervention.
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