COMMISSION ON HUMAN RIGHTS BEGINS DEBATE ON PROMOTION OF HUMAN RIGHTS
Press Release
HR/CN/924
COMMISSION ON HUMAN RIGHTS BEGINS DEBATE ON PROMOTION OF HUMAN RIGHTS
19990421 Chairman of Subcommission on Prevention of Discrimination And Protection of Minorities Speaks on Measures to Streamline Subcommission(Reissued as received.)
GENEVA, 20 April (UN Information Service) -- The Commission on Human Rights this morning began its debate on the promotion and protection of human rights, addressing issues such as the status of the international covenants on human rights, human rights defenders, information and education and science and the environment.
Most speakers supported the abolition of the death penalty. Singapore said States opposing the death penalty should not impose their values and system of justice on others since capital punishment was an effective way to deal with some crimes. Delegates also spoke of bioethical issues related to human rights and the need for educational efforts on human rights issues. They stressed that the primary responsibility and duty to promote and protect human rights and fundamental freedoms lay with the State, and they condemned the ever-growing violations of human rights all around the world.
The Commission observed a moment of silence in honour of human rights defenders who had lost their lives.
The following country representatives spoke under this item: Germany (on behalf of the European Union), Norway (on behalf of the Nordic countries), South Africa, El Salvador (on behalf of the Central American Group), Japan, Romania, Paraguay, Switzerland, Singapore, Slovakia, Lithuania, Costa Rica, Croatia, Egypt, Libya and Cameroon.
Earlier in the morning, the Commission concluded its discussion on the report of the Subcommission on the Prevention of Discrimination and Protection of Minorities.
The Chairman of the Subcommission, El Hadji Guisse, said the Subcommission had pursued the process of streamlining its agenda, first of all
regarding its process of work, and second in the matter of the various elements of the Subcommission's mandate. It had decided to limit the number of studies that its members undertook, and the time issue had been managed so that the Subcommission remained within its time limits. He noted that any reduction in time available to the Subcommission, or in the number of the members of the body, would implicate a skimping of its work done.
Country delegates mainly supported the reform of the Subcommission but noted that it should keep its priority focus on the protection of minority and indigenous rights, on standard-setting, on becoming geographically representative, on establishing a Voluntary Fund to strengthen the Working Group on minorities, and on leaving the duration of its meetings flexible. It was also suggested that the Subcommission take further steps to avoid political confrontation and to reduce the discussion of country-specific human rights issues and the number of country-specific resolutions it adopted.
The following representatives of Governments and non-governmental organizations spoke under this item: Pakistan, China, Russian Federation, India, Christian Solidarity International, Centre Europe - Tiers Monde, Minority Rights Group, Human Rights Advocates Inc., Interfaith International, Pax Romana (joint statement with Franciscans International and International Educational Development) and the International Organization of Indigenous Resource Development.
The Commission will continue its debate on the promotion and protection of human rights at 3 p.m. this afternoon.
Report of Subcommission
The Commission has before it under this item a report (E/CN.4.1999/4) by the Rapporteur of the Subcommission on Prevention of Discrimination and Protection of Minorities, Ioan Maxim. This report includes draft resolutions and decisions recommended to the Commission on Human Rights for adoption. The draft resolutions are, among others, on human rights and income distribution, the concept and practice of affirmative action, prevention of discrimination against and the protection of minorities, systematic rape, and sexual slavery and slavery-like practices during armed conflict, including international conflict. There are also resolutions on the situation of human rights in Belarus, Democratic People's Republic of Korea, violations of the rights of human rights defenders in all countries, the concept of affirmative action, and the World Conference against Racism, Racial Discrimination, Xenophobia, and Related Intolerance, among others.
The Commission is considering document (E/CN.4/1999/84) which contains the report of the Subcommission on the Prevention of Discrimination and Protection of Minorities on its fiftieth session. The report details the agenda for further rationalization of the Subcommission, a statement by the
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Chairman of the fifty-fourth session of the Commission on Human Rights, a list of methods of work of the Subcommission that will enhance its effectiveness, a synthesis of the work of the Subcommission at its fiftieth session, and a detailing of studies, reports and new subjects.
The Chairman evaluates the work of the Subcommission, saying that it is a human rights laboratory. It has kept up the pace of rationalization of its agenda. Emphasis has been given to issues relating to racism, xenophobia, and the elimination of all forms of racial discrimination. The decision to appoint a Special Rapporteur to carry out a study on the concept and practice of affirmative action should allow richer and more in-depth discussion of this issue. The role played by the Subcommission's Working Groups is also highlighted, since they make a direct contribution to the highly positive results of the Subcommission's work.
Status of International Human Rights Covenants
The Commission has before it under this agenda item document (E/CN.4/1999/52) which is a report by the Secretary-General on the question of the death penalty, within the context of the promotion and protection of human rights and the status of the international covenants on human rights. It contains an executive summary of the measures taken by the United Nations and the positions of States, changes in law and practice, and the status of the death penalty act as of 1 December 1998.
The report concludes that the trend towards an increased pace of abolition has affirmed itself, and an unprecedented number of countries have abolished or suspended the use of the death penalty. There is also an increase in the number of countries ratifying international instruments that provide for the abolition of the death penalty.
Also before the Commission is document (E/CN.4/1999/52/Add.1) which is an addendum to the report of the Secretary-General on the question of the death penalty. The report contains comments received from the Iran, Lithuania and Turkmenistan, as well as a reply received from the European Parliament on the matter.
The Commission is considering document (E/CN.4/1999/86) which is a report of the Secretary-General on public information activities in the field of human rights, including the World Public Information Campaign on Human Rights. The document details the public information activities of the Office of the High Commissioner for Human Rights, including the publications programme, the use of electronic means, and the external relations programme. It also details the launch of the fiftieth anniversary of the Universal Declaration of Human Rights, and the activities at Headquarters for the fiftieth anniversary. Activities of the United Nations Information Centres and Services are also detailed.
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There is also a report before the Commission (E/CN.4/1999/87) by the Secretary-General on the implementation of the plan of action for the United Nations Decade for Human Rights Education which includes items on the strengthening of international and regional programmes and capacities for human rights education, strengthening national and local programmes and capacities for human rights education, coordinating development of material for human rights education and the global dissemination of the Universal Declaration of Human Rights. There is an annex which includes various language versions of the Universal Declaration being made available by the Office of the United Nations High Commissioner for Human Rights.
The Commission is reviewing a report by the Secretary-General (E/CN.4/1999/88) on science and the environment, and the question of the follow-up for the regulation of computerized personal data files. The report includes information on the application of the guidelines within the United Nations system and information received from non-governmental organizations.
There is also report by the Secretary-General (E/CN.4/1999/89) on science and the environment, which includes comments submitted by United Nations departments and bodies; subjects of common interest and concern in respect of human rights; environmental and sustainable development issues as reflected in the deliberations of the General Assembly at its nineteenth special session; and the role of relevant organizations and institutions of the United Nations system.
Also before the Commission under this agenda item is an addendum on science and the environment (E/CN.4/1999/89/Add.1) by the Secretary-General which outlines the focus of the activities of the United Nations Environment Programme in the field of human rights and the environment, including the assistance in the review and development of relevant legislation, provision of advisory services, training, creating public awareness and increasing public awareness regarding access to judicial and administrative remedies nationally and internationally.
Also before the Commission is a report (E/CN.4.1999/90) on science and the environment by the Secretary-General which draws attention to recent developments in international bioethics law. It includes information on legislative and other measures taken at the national and international levels to ensure that the life sciences develop in a manner respectful of human rights. The report states that the adoption of the Universal Declaration on the Human Genome and Human Rights and the European Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Biomedicine demonstrates that the rapid development of science and its technological applications have been accompanied by the emergence of specific international principles aimed at ensuring that scientific advances benefit human rights and protect human dignity.
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The Commission is also considering a report on the status of the international covenants on human rights (E/CN.4/1999/91) by the Secretary-General which gives a perspective of the history of the covenants, including the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Optional Protocol to the International Covenant on Civil and Political Rights, and the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty. It states that the Second Option Protocol entered into force on 11 July 1991. The report lists the States parties in annexes and the dates of their ratifications, accessions or successions as well as the dates of entry into force of those instruments for each State.
Also before the Commission is a report on fundamental standards of humanity (E/CN.4/1999/92) by the Secretary-General which identifies crimes under international jurisdiction, international legal accountability of non-State actors, and derogation from certain human rights obligations in exceptional circumstances. It includes information on a study by the International Committee of the Red Cross on the customary rules of humanitarian law and summarizes, concludes and recommends its findings. It concludes that there is no reason why certain acts which may be unlawful in normal times and in situations of international armed conflict should be lawful in situations of internal violence and reiterates the Martens Clause which protects persons not covered by the law in force by the principles of humanity and the dictates of the public conscience.
Statements
EL HADJI GUISSE, Chairman of the Subcommission for Prevention of Discrimination and Protection of Minorities, said the Subcommission had pursued the process of streamlining its agenda, first of all regarding its process of work, and second in the matter of the various elements of the Subcommission's mandate. This was done by the clustering together of various issues, and not by reducing the amount of time, but by varying the amount of time, and avoiding duplication. This would continue.
Mr. Guisse said the Chairman of the Commission on Human Rights had welcomed these initiatives. The Subcommission had released a document (E/CN.4/Sub.2/1998/38) which reflected the position of all its members on these reforms.
Mr. Guisse said the Subcommission was fulfilling its mandate by carrying out studies, and by the work of its Working Groups, in the framework of plenary debates and through the adoption of declarations. The Subcommission had recommended the establishment of a forum for economic, social and cultural rights. The Subcommission was the only instrument of the United Nations in which independent experts, governments and non-governmental organizations sat
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together and exchanged constructive points of view. Five studies were under way on specific issues such as systematic rape, sexual slavery, and human rights and terrorism.
SYED SHARIFUDDIN PIRZADA (Pakistan) said the Subcommission had undertaken a serious review of its working methods and role at its fiftieth session and had successfully implemented some of its important reform measures. The report of the bureau on the rationalization of the work had played a crucial, historical role in the development and execution of the efforts to promote and protect human rights.
Mr. Pirzada said Pakistan believed that the Subcommission could improve its functioning, effectiveness and contributions to the promotion and protection of human rights by focusing on its traditional role in standard-setting. It suggested, among others, the following: that the Subcommission should continue playing a crucial role by undertaking comprehensive studies on issues identified by the Commission and treaty monitoring bodies; and should devote special attention to the fundamental rights of self-determination of people under foreign and alien domination or occupation. The Subcommission had endorsed the idea of a special forum on economic, social and cultural rights, and had ensured its membership would be geographically representative and balanced between developed and developing countries.
LIU XINSHENG (China) said that since its forty-eighth session, the Subcommission had been conducting serious discussions on the improvement of its working methods, and some positive steps had been taken with certain progress recorded. The Subcommission had played an irreplaceable role in United Nations human rights activities since its establishment. However, it should rid itself of the influence of the cold war in its work, take further steps to avoid political confrontation, and reduce the discussion of country-specific human rights issues and the number of country-specific resolutions adopted. It should also initiate exchanges of experience and put forward recommendations on ways to promote and protect human rights instead of arbitrarily levelling charges.
Mr. Liu said the Subcommission should maintain and strengthen its function as an expert body which provides advisory services and should devote its efforts to studies on thematic human rights issues, such as the right to development, women, children, racial discrimination and minorities. In the process of reform, a prudent attitude should be adopted. In terms of guidelines and mechanisms, the Subcommission should focus on the core issue which was to transform the thinking that guided its work. China was not in favour of any major changes and maintained that the candidates to the posts of experts should continue to be nominated by States Members and elected by the Commission on Human Rights.
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S. BEREZNY (Russian Federation) said that it was time to restructure the Subcommission. The Russian Federation commended the report on the reform of the Subcommission and supported its renaming. Emphasis however must be placed on the issue of discrimination and the protection of minorities. The situation in Kosovo was an example of regression to primitive ways of solving problems by brute force. The Subcommission must be retained as a forecasting and prevention organ, and not a body which reacted to fait accompli situations. It should refrain from taking up violations in specific countries but retain its role and discuss positive effects in order to observe these situations. The membership of the Subcommission could be reduced, but there was a need to ensure that it was geographically representative. The Russian Federation could not accept the reduction of the meeting time of the Subcommission to only two weeks. The duration could only be decided on after a review of the needs. The Subcommission should continue its study and review function.
SAVITRI KUNADI (India) said her country attached importance to the work of the Subcommission. This body of independent experts had the potential and the ability to guide the efforts of the Commission in seeking practical and constructive solutions to the various human rights issues that confronted the world. The bureau of the fifty-fourth session of the Commission on Human Rights had made some far-reaching recommendations regarding the Subcommission. It had reaffirmed the "think-tank" role of the Subcommission, had recommended that it discontinue the practice of adopting country-specific resolutions, and had suggested that its membership as well as the duration of its sessions be reduced.
Ms. Kunadi said India welcomed the work of the Subcommission in the area of economic, social and cultural rights and the right to development. The Subcommission must also continue to focus attention on the rights of vulnerable groups, including indigenous populations and minorities. While members of the Subcommission should certainly discuss and debate all issues pertaining to human rights, their principal focus should be on promoting dialogue and cooperation and identifying constructive solutions to the human rights problems confronting the world.
DAVID LITTMAN, of Christian Solidarity International, said the organization regretted that the extensive Subcommission report 1998/19, entitled : Report of the Working Group on contemporary forms of slavery, did not cover directly "traditional slavery", although it did call for the identification of solutions aimed at eradication of all forms of slavery and slavery-like practices. Fortunately, last year's resolution entitled "recognition of slavery and the slave trade as a crime against humanity" was not adopted. Hopefully such flawed slavery resolutions would be aborted this year and at other United Nations bodies.
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Mr. Littman said any historian was aware of the use and abuse of slavery in the rise of nations and civilizations to expansion and empire. It was a fact that there were periods in history when slavery was justified by those in power on religious grounds and was even sanctified as war booty. Black Africans and other peoples in Europe, Asia and Americans knew from their collective memories how and by whom they were enslaved over the centuries. To concentrate only on the trans-Atlantic slave trade was counter-productive because it obfuscated history and memory. Traditional slavery today was not confined to Africa. Therefore there needed to be a reinvigoration of the Working Group on contemporary forms of slavery and greater focus on its mandate and the resources available for its work on traditional slavery today.
CYNTHIA NEURY, of Centre Europe-Tiers Monde, said that the Subcommission played an important role in the creation of thematic mechanisms by making important contributions in the form of related studies to the problems of the application of economic, social and cultural rights. There was a need for the elaboration of a work document on the means that would ensure that the primacy of the rules and norms relative to human rights were better taken into account in political accords concerning exchanges and investment in the financial area. The Commission should adopt the proposal regarding the naming of a Special Rapporteur to examine the link between the enjoyment of economic, social and cultural rights and the realization of the right to clean water and sanitation. This was most urgent.
ANNA-MARIA BIRO, of Minority Rights Group International, said the United Nations Working Group on minorities should be a Working Group of the Commission. The Commission on Human Rights should accept the resolution of the Subcommission and establish a Voluntary Fund to strengthen the Working Group on minorities. Any reformed Subcommission must maintain a specific and substantial reference in its title and in its terms of reference to minorities.
JENNIFER FIORE, of Human Rights Advocates, said the Subcommission had unquestionably and significantly contributed to the human rights movement as an independent body that gave access to various groups with information on human rights violations. Even so, concerns regarding the efficiency and operation of the Subcommission had propelled the Bureau to submit legitimate reform measures contemplating a name change, reducing terms of its experts, and taking care not to elect high-government officials. The bureau had also raised concerns regarding the increased politicized nature of the Subcommission and its duplication of the Commission's work. However, Human Rights Advocates offered a different perspective.
Ms. Fiore said that as the international community expanded and changed, all reform measures must keep in mind the ultimate goal of promoting the universal respect for and observance of human rights and fundamental freedoms. The organization was concerned that the proposed reorganization of the
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Subcommission would be at the expense of observance of human rights and fundamental freedoms. It was concerned, among other things, that decreasing the current number of experts from 26 to 15 would not render a wholly representative body of the international community; and reduction of the annual session from four to two weeks would not allow the Subcommission to focus on gross violations of human rights.
CHARLES GRAVES, of Interfaith International, said that during the fiftieth session of the Subcommission, the Government of Bahrain had undertaken to redress the grave situation of human rights in its country. It had since reiterated its commitments to international norms on human rights. But Bahrain was very slow to implement civil and political rights; it still continued its policy of torture of detainees. Bahrain should lift its reservation on article 20 of the Convention against Torture. The two issues of torture and arbitrary detention were very important in Bahrain, mainly because of the large number of political prisoners. Bahrain was the only State which forced its citizens who were political opponents into exile and then barred them from re-entry to their homeland. Bahrain should show the international community by its deeds rather than by only promises what it planned to do about prevailing human rights violations against Bahraini citizens.
PHILIPPE LE BLANC, of Pax Romana, Franciscans International, and International Educational Development, said in a joint statement that the Mexican Government had taken steps in the opposite direction of the recommendations of the Subcommission's resolution which requested the Mexican authorities to attach the highest priority to combatting the impunity of perpetrators of serious human rights violations, especially those suffered by the indigenous populations. The Mexican Government had in fact ensured that those paramilitary groups responsible for the massacres of Acteal and El Bosque continued to benefit from impunity. The Commission should respond seriously and urgently to the recommendation of the Subcommission that the former take up the human rights situation in Mexico at its next session. The most appropriate measure would be to appoint a Special Rapporteur on Mexico.
TONY STARLIGHT, of the International Organization of Indigenous Resource Development, said there was concern that the United Nations permanent forum for indigenous people would replace the Working Group on indigenous peoples. They should co-exist, not exclude each other. There was anticipation of the United Nations report on the treaties studies, and there was a need to further advance the issue. There was a treaty right to education in Canada that should be taken into account in the study of this right.
EL HADJI GUISSE, Chairman of the Subcommission on the Prevention of Discrimination and Protection of Minorities, in concluding remarks at the end of the debate on this agenda item, said that the Subcommission had decided to limit the number of studies that its members had undertaken. Likewise, the
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time issue had been managed so that the Subcommission remained within its time limits. However, any reduction in the duration of the Subcommission or the number of its members would implicate a skimping of the work done. All necessary efforts had been made. Rules had been applied and the independence of the experts had been respected. All efforts had been done to discharge the mandate of the Subcommission.
WILHELM HOYNCK (Germany), on behalf of the European Union and central and eastern European countries affiliated with it, said as the Human Rights Defenders Declaration rightly reiterated, the primary responsibility and duty to promote and protect human rights and fundamental freedoms lay with the State. Growing international cooperation in the field of human rights, in particular within the framework of the United Nations, and the creation of an impressive network of universally recognized human rights standards, duly reflected the conviction that the promotion and protection of human rights was a legitimate concern of the whole international community. However, violations of all human rights continued to occur worldwide. Even States fully committed to the cause of human rights found it difficult to live up to their obligations to protect the rights and dignity of every human being. Without the active involvement of civil society, non-governmental organizations and committed individuals, effective implementation of human rights could not be achieved.
Mr. Hoynck said in many situations, governments conceived human rights activists such as lawyers, teachers, trade unions and others as troublemakers, rivals or enemies. The European Union hoped that the Declaration served as a foundation for strengthening the relationship between governments and human rights defenders. Having adopted the Declaration, it was now the task of Governments to ensure its full and effective implementation. States, under the provisions of the Declaration, had committed themselves to protect effectively human rights defenders at risk. If the Declaration was to make a difference for human rights defenders, in addition to its monitoring function, it had to find ways to enhance the situation of those whose rights under the Declaration had been violated.
PETTER WILLE (Norway), on behalf of the Nordic countries Denmark, Finland, Iceland, and Sweden, said there was a need to address the lack of protection of persons in situations of internal violence, which fell outside the scope of Common Article 3 of the Geneva Conventions or Additional Protocol II to these Conventions because the effective implementation of human rights might have been limited by derogations of exceptional circumstances. A review of national legislation was a first step but the implementation of mechanisms was also needed. The adoption of the Statute of the International Criminal Court was a major positive development as was the study by the International Committee of the Red Cross on customary rules of international humanitarian law in armed conflict.
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VICTOR LAGOS PIZZATI (El Salvador), on behalf of the Central American Group, said that this was an important issue and had come to be perceived as a historical imperative for peace. There was no theory of peace, as there was one of war. The elaboration of such a theory would be vital for the next century. The culture of peace was a phenomenon that was being elaborated, and should be able to adapt itself to different situations. It should not be an isolated culture, but a means to consolidate, harmonize, and give content to those areas made possible by peace. Peace was the expression of the effectiveness of certain fundamental values. The main means towards this was education, and a culture of respect. These values needed to be taught, so that they would become operational in educated minds when faced by the challenges of daily life. Peace was a form of balance, and the culture of peace could only develop if a serious effort was made to make democracy serious and operative.
Mr. Pizzati said sustainable development would help in this, since it would combat marginalization. A new human culture should be built, where there would be rationalization and references which could be shared, stimulating the effort of democratic freedom. A culture of peace was a responsible construction formation of a compatible life with all. The Governments of Central American countries had adopted the decision to begin to form a culture of peace, so as to avoid all future conflicts. It was developing on two distinct levels, the international and regional. There was a treaty on Democratic Security in Central America. For Central America to become a region of peace, there was a need for inequalities to be overcome, and for respect for all. This was a process of participation. It was a strategic process, and one participated in by all Central American countries.
MAKOTO KATSURA (Japan) said his Government was an active member of the international community and had positively participated in various international fora concerning the promotion and protection of human rights. Japan regretted that it had become apparent in the discussion that an appalling amount of grave violations of human rights were occurring on every continent around the world, even as this year bridged us over to the new millennium. Japan believed that the best way to curb this tendency and make concrete progress at the international level was to overtly condemn and express concern about human rights violations.
Mr. Katsura said the protection and promotion of human rights and fundamental freedoms was the first responsibility of each Government. Japan called upon all members to join the six basic international human rights instruments. It was important to cooperate with other governments in the field of human rights in order to realize the full enjoyment of human rights in the whole world. In this regard, Japan had continued to cooperate with the Asia-Pacific region where it belonged and where there was still concern for the human rights situation. Japan also recognized the importance of the inter-governmental and non-governmental organizations as indispensable actors
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in the field of promoting and protecting human rights, and fully appreciated and strongly supported their activities.
LARA JOYCE (South Africa) said that following the ratification of the International Covenant on Civil and Political Rights, his country had set about establishing a Committee on Human Rights. South Africa had compiled three reports under the Convention on the Rights of the child, the International Covenant on the Elimination of All Forms of Discrimination Against Women and the African Charter on Human and Peoples' Rights. South Africa aligned itself with the call by the Commission for all States that had not ratified the two international covenants to do so.
PETTER WILLE (Norway) said one of the greatest achievements of the commemoration of the fiftieth anniversary of the Universal Declaration of Human Rights in 1998 was the adoption without a vote, by the United National General Assembly, of the Declaration on Human Rights Defenders. The draft declaration had been negotiated for 13 years before the Working Group. The fundamental aim of drafting this Declaration was to support and strengthen the action of human rights defenders around the world, those who were at the forefront of efforts to promote and protect human rights and fundamental freedoms. While not a legally binding document, the Declaration contained a number of rights and principles for the promotion and protection of human rights and fundamental freedoms.
Mr. Wille said Norway was fundamentally opposed to capital punishment and was convinced that its world wide abolition would enhance human dignity and affirm respect for human life. Despite some setbacks, the trend towards suspension and abolition of the death penalty was gathering pace. The death penalty diminished all those involved in its delivery.
ANTON PACEVETU (Romania) said there was interest on issues relating to the protection and promotion of human rights, and also the dissemination of and education in human rights and fundamental freedoms at all levels of society. These had been applied in Romania at the legislative, educational and constitutional levels. All levels of society, including local government, school children, and the police had been provided with programmes that would sensitize them to human rights, as well as inform them of these rights. The Government had devoted special attention to initiatives and activities with the principal aim of preventing acts of racism, racial discrimination and xenophobia, so as to guarantee that future generations would be educated in a spirit of openness and tolerance, and so as to secure broad dissemination of the principle of democracy, rule of law and human rights and to promote a climate of dialogue among the various sections of Romanian society.
RODRIGO UGARRIZA (Paraguay) said his country was against capital punishment and had abolished it in 1992. Paraguay had played an important role in a case in the United States where the death penalty was applied in
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April 1998. A lawyer who defended the case and the victim were not informed of victim's right to consular assistance. The right to life and freedom guided Paraguay and supported it in the struggle to enhance the fundamental freedoms of men. Paraguay advocated the universal abolition of death penalty.
VICTOR LAGOS PIZZATI (El Salvador) said his country had abolished the death penalty in most cases and had begun the process to abolish it even in the presently excluded situation of treason during war. Some elements had considered the need for the death penalty as a measure to reduce violent crimes, but had reconsidered based on maintaining the priority of human rights for the value of life. The idea of replacing the death penalty by a maximum life sentence was preferred. The delegation of El Salvador supported the draft resolution by the European Union since it recognized the right to life.
A. CASSAM, of the United Nations Educational, Scientific and Cultural Organization (UNESCO), reaffirmed the need for a democratic debate on the progress of genetics so society would be able to fulfill its responsibilities in the face of the rapid development of human genetics. UNESCO had prepared a comprehensive report on the implementation of the Universal Declaration on the Human Genome and Human Rights. The Declaration underlined the importance of education, training and information in order to strengthen individual awareness of the fact that life sciences did not in themselves guarantee social and human progress. UNESCO welcomed cooperation with the United Nations Commission on Human Rights in the implementation and follow-up of the Declaration on the Human Genome and Human Rights and was ready to present regularly to the Commission a report on the bioethical issues related to human rights.
JEAN-DANIEL VIGNY (Switzerland) said that although the General Assembly had adopted the Declaration on the Rights of Human Rights Defenders, they continued to be restricted, harassed, threatened, imprisoned, disappeared or executed throughout the world. The persistence of these violations constituted proof that an international instrument was not enough to ensure its applications by States. There was a need for a Special Rapporteur on human rights defenders who would investigate allegations of violations of the rights of the defenders in all countries.
Mr. Vigny said the protection of the person as consecrated by international law was insufficient in the case of internal violence. In these situations, human rights could be restricted, even suspended. There was a need for a document stipulating the basic standards of human rights, that they were applicable at all times, anywhere, and that they could not be suspended. The international community had many sources that would help in identifying these standards. In the meantime, there was a need to mobilize the attention of the Commission on this issue. The death penalty should also be abolished.
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SEE CHAK MUN (Singapore) said that capital punishment was first and foremost a criminal justice issue rather than a human rights issue. States had the right to pursue effective criminal policies, and measures to protect the rights of the victim and for deterrence of crime. Each State should study the question of whether to retain or abolish capital punishment, taking into account the balance of rights and responsibilities. The death penalty was an effective instrument in the combat of serious crime. At the same time, its use should be accompanied by judicial safeguards.
Mr. Mun said States opposing the death penalty on principle should not impose their values and system of justice on others. There was no international consensus on the abolishing of the death penalty. The question of whether to retain or abolish the penalty was a subject on which there were divergent views, arising from different approaches to criminal justice. A spirit of mutual respect for such differences should prevail.
BARBARA TUHOVCAKOVA (Slovakia) said it signed the Statute for the International Criminal Tribunal adopted in Rome and it supported the encouragement of Member States of the United Nations toward universal ratification of the conventions on human rights. Slovakia had signed the second draft protocol on the International Covenant on Civil and Political Rights, and it supported the abolishment of the death penalty.
EDVARDAS BORISOVAS (Lithuania) said that the issue of the abolition of the death penalty in Lithuania was on hold, with the suspension of the death penalty at the moment. The last application of this penalty took place in 1995. In 1998, Parliament decided that the death penalty contradicted other articles of the Constitution. The relevant articles of the criminal code were amended, changing the punishment for crimes to life imprisonment.
NORA RUIZ DE ANGULO (Costa Rica) said that the adoption of the Universal Declaration of Human Rights emphasized the global commitment to the right to life. This would be in vain if States continued to take life. Moral reasons or internal security were not enough to justify the application of the death penalty, but the question of the right or power of the State to take the life of a citizen was. The international community had come far during the century on this issue. Costa Rica had abolished the death penalty in 1949 because its people were convinced of the value of life and human dignity. All countries who had not yet abolished the penalty should work to that end. The use of the death penalty against any Costa Rican citizen abroad should be commuted to life imprisonment. In many countries, there were pressures for re-establishment of the death penalty, mostly the result of disinformation upon a supposed corroboration between crime and the death penalty. The penalty did not have any effect on crime rates.
BRANKO SOCANEC (Croatia) said his country had proclaimed its independence, it had been working on building a modern and civil society based
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on the respect for human rights and freedoms. Croatia had several institutions for the promotion and protection of human rights in Parliament and the Government, as well as the office of the Ombudsman. Croatia was aware that norms, however perfect, did not bring about full protection of human rights and freedoms. In a society still in transition, inherited from the Communist system, particular attention needed to be dedicated to the youth and to make them acquainted, through school curricula and various extra-curricular activities, with the notion of respect for human rights through the concept of positive peace.
Mr. Socanec said effective protection and promotion of human rights was impossible without genuine changes in certain stereotypes. Therefore education in human rights from the earliest age helped absorption of the values of respect of human rights, peace and tolerance which represented a safe indicator for effective protection of human rights in the future.
HASSAN ABDEL MONEIM (Egypt) said that cooperation was needed as a basis, and dialogue was more important than confrontation. Egypt supported General Assembly resolution 53/153 on the use of education toward supporting human rights which underscored the need for a real dialogue between different cultures, based on the legitimacy of all cultural diversities and their human rights.
NAJEEB ATLEABA (Libya) said Libya had adhered to 25 international pacts on human rights and fundamental freedoms. There was a need to publicize the international instruments worldwide and to inform people of their rights. Libya hoped that the international community could all live in peace. The international pacts on human rights were being taught in schools and universities in Libya. Policemen were also taught human rights issues. Libya hoped that it would continue to make progress in this field in the society.
FRANCOIS-XAVIER NGOUBEYOU (Cameroon) said social explosion gave rise to ethnic conflict, and there was a need for action to combat this. Cameroon had undertaken numerous steps toward restoration of freedom of association, a multi-party political system, guarantee of minorities, and creation of a Committee on Human Rights. Cameroon had experienced periods of national tension, yet it sought to protect human rights in accordance with the international conventions that it had signed. It welcomed the United Nations Declaration on the Education of Human Rights and had initiated a national educational programme. It agreed that countries around the world should put greater stress on human rights education and greater popularization of human rights.
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