POLITICAL WILL, RESOURCES NEEDED TO IMPLEMENT HUMAN RIGHTS STANDARDS, HIGH COMMISSIONER TELLS SOCIAL COMMITTEE

Press Release
GA/SHC/3546

POLITICAL WILL, RESOURCES NEEDED TO IMPLEMENT HUMAN RIGHTS STANDARDS, HIGH COMMISSIONER TELLS SOCIAL COMMITTEE

Delegates Hear of ‘Lack of Action’ on Early Warning, Conflict-Prevention

Only political will and resources were missing from implementing existing standards for conflict-prevention and respect for human rights, the High Commissioner for Human Rights, Mary Robinson, told the Third Committee (Social, Humanitarian and Cultural) this morning as it met to continue considering human rights questions. The Committee took up the issues of alternative approaches for improving human rights; human rights situations; follow-up to the Vienna Declaration; and the report of the United Nations High Commissioner for Human Rights.

On human rights, Ms. Robinson indicated the challenges. One challenge, she said, was to protect those rights and prevent conflict. Another was to “embed a culture of respect for human rights”. Standards and proven methods to achieve both those objectives were in place but they needed political will and the necessary resources to work. The world community had to decide to prevent the deep human suffering being witnessed today. Information on either early- warning or conflict-prevention capacity was not in short supply. For years, there had been warnings of trouble in both Rwanda and Kosovo. Only action had been lacking.

The Special Rapporteur on the question of torture also addressed the Committee this morning as he introduced his report. He said human rights defenders were on the front line of the campaign against human rights violations. Their efforts all too often made them targets of government repression. All States must take all necessary measures to ensure the protection of human rights defenders.

Both the High Commissioner and the Special Rapporteur engaged in a dialogue with representatives. Taking part in the dialogue were the representatives of Finland, Libya, Russian Federation, Canada, Japan, Croatia, China, Cuba, Sudan, Iraq, India, Bangladesh, Lebanon, Australia, Singapore, Rwanda, Egypt and Denmark.

The Committee meets again this afternoon at 3 p.m. to continue its consideration of human rights issues.

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this morning to continue its consideration of human rights questions. Aspects to be covered include alternative approaches for improving the enjoyment of human rights and freedoms; human rights situations and reports of special rapporteurs and representatives; follow-up to the Vienna Declaration; and the report of the United Nations High Commissioner for Human Rights.

Before the Committee on the issue of alternative approaches for improving human rights are 11 reports of the Secretary-General: on promotion of the Declaration on minorities; on national institutions for promoting human rights; on strengthening the United Nations role in elections for democratization; on mass exoduses; on terrorism; on unilateral coercive measures; on human rights in Cambodia; on strengthening United Nations action in the field of human rights by promoting international cooperation; on the Plan of Action for the United Nations Decade for Human Rights Education; on public information activities for human rights; and on the right to development. Also before the Committee in connection with alternative approaches for improving human rights are notes of the Secretary-General transmitting two reports: the interim report of the Special Rapporteur on the elimination of religious intolerance, and the report of the Director-General of the United Nations Educational, Scientific and Cultural Organisation (UNESCO) regarding the International Day for Remembrance of the Slave Trade and its Abolition.

Regarding human rights situations and reports of special rapporteurs and representatives, the Committee has before it a report of the Secretary-General on the human rights situation in Myanmar. It also has before it notes of the Secretary-General transmitting 14 reports: that of the United Nations High Commissioner for Human Rights on activities in Rwanda; of the Special Representative on Rwanda; of the Special Rapporteur on human rights in Iraq; of the Special Representative on human rights in Iran; of the independent expert on human rights in Haiti; of the Special Rapporteur on human rights in the Democratic Republic of the Congo; of the Special Rapporteurs on a joint mission to the Democratic Republic of the Congo; and of the Special Rapporteurs reporting independently on human rights in Nigeria, Myanmar, Bosnia and Herzegovina as well as Serbia and the Federal Republic of Yugoslavia, Kosovo, Afghanistan, Burundi and the Sudan. Finally, on that subject, the Committee had before it a note of the Secretary-General on human rights in southern Lebanon and west Bekaa. And finally, the Committee has before it the report of the United Nations High Commissioner for Human Rights.

Documents on Improving Human Rights

In his report on effective promotion of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (document A/54/303), the Secretary-General outlines the advisory and technical assistance projects provided to governments on minority issues during the reporting period. Those include projects related to strengthening national institutions for promoting and protecting human righs and human rights training for officials and members of civil society. Also outlined are cooperative activities for minority issues carried out by the Office of the High Commissioner for Human Rights and other United Nations agencies and programmes; the monitoring activities of United Nations committees with regard to the observance by States of minority rights contained in human rights instruments; and a general comment on article 12 of the Covenant, concerning freedom of movement.

Also summarized are the reports of the special rapporteurs and representatives dealing with minority issues. These include the Special Rapporteur on the question of religious intolerance; the Special Rapporteur on extrajudicial, summary or arbitrary executions; the Special Representative on the situation of human rights in Iran; and the Special Rapporteurs on the situation of human rights in Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia, in Myanmar and in Iraq. Finally summarized are the activities of non-governmental organizations working with the Working Group on Minorities of the Human Rights High Commissioner's Office.

The Secretary-General’s report on national institutions for the promotion and protection of human rights (document A/54/336) contains information on activities of the Office of the High Commissioner on Human Rights to establish and strengthen national institutions. It also summarizes measures taken by governments and national institutions in that area, as well as by the treaty monitoring bodies and special mechanism of the Commission on Human Rights regarding consultations with national institutions. The report also covers regional activities of the Commission's Coordinating Committee. In all those areas, the report covers activities for the period from 15 October 1997 to 15 August of the current year.

The report concludes that the work of the Office in the area of national institutions has increased rapidly during the past two years. Regional meetings of national institutions and international meetings of the Coordinating Committee were an effective mechanism for exchange of information and experience and thus for strengthening institutions at the national level, as well as to increase awareness of issues in the field of human rights. The Office would continue to directly support and participate in those meetings.

With regard to strengthening the role of the United Nations in enhancing the effectiveness of the principle of periodic and genuine elections and the promotion of democratization, the Committee will have before it a report of the Secretary-General still to be issued.

A report of the Secretary-General on human rights and mass exoduses (document A/54/360) states that the integral linkages between human rights concerns and mass exoduses make it imperative that the human rights and humanitarian communities cooperate in finding solutions of those crises. Much progress has been made in that respect. The following portray such progress: the active participation of the Office of the High Commissioner for Human Rights in the Inter-Agency Standing Committee and the Executive Committee for Humanitarian Affairs; the regular involvement of the United Nations High Commissioner for Refugees (UNHCR) in sessions of the Commission on Human Rights; and the increasing cooperation between the two organizations in addressing issues of mutual concern.

According to the report, much remains to be done in finding solutions to crises related to human rights and mass exoduses. Among the actions that still need to be implemented are the following: the promotion of the accession to international law instruments, including humanitarian law, human rights law and refugee law; the establishment of mechanisms to ensure compliance with international law in order to end the culture of impunity; the encouragement of Member States to ratify the 1994 Convention on the Safety of United Nations and Associated Personnel and training humanitarian personnel in security procedures; and ensuring that the Security Council is regularly informed of the human rights and humanitarian situations in cases of potential or actual conflict.

The report states that ensuring effective coordination of all United Nations activities pertaining to human rights and mass exoduses will remain a priority, as will streamlining responses where possible. Three types of coordination and streamlining are needed. First, there is a need for the various human rights mechanisms considering forced displacement issues to coordinate their activities. Second, it is vital to have optimum coordination between the human rights and humanitarian components of United Nations operations. Finally, coordination between the human rights and humanitarian components of United Nations operations, on the one hand, and political and military components, on the other, will help ensure sharing of information needed to assess the likelihood of mass exoduses and formulate and implement strategies to prevent, prepare for and respond to these emergencies in an effective and comprehensive manner.

In relation to human rights and terrorism (document A/54/439), the Secretary-General summarizes the views on terrorism and its impact on human rights that were submitted to him by Azerbaijan, Egypt, Nepal, Turkey, Federal Republic of Yugoslavia and Pakistan in response to his request for such information from Member States. In brief, Egypt considered itself a pioneer in combating terrorism and stressed the serious repercussions of such activities on rights and freedoms, including on the right to democracy itself. Nepal emphasized its legal and institutional commitment to promoting and protecting human rights, indicating that it had signed, acceded to or ratified 16 major international human rights instruments. Turkey observed that no nation was immune to the increased threat of terrorism because of the confluence of new political circumstances and modern technology. The Federal Republic of Yugoslavia forwarded three publications on terrorism and Pakistan emphasized the tendency of some States to dicredit national liberation movements as terrorist organizations.

On the issue of human rights and unilateral coercive measures (document A/54/222), the Secretary-General reports that General Assembly resolution 53/141 of 9 December 1998 had requested the Secretary-General to bring that resolution to the attention of all Member States to seek their views and information on the implications and negative effects of unilateral coercive measures on their populations. In a note verbale dated 7 May, he invited Member States to transmit relevant information to the subject matter. The report contains replies received, as at 23 July 1999, from the following Governments: Ecuador, Jamaica, Kuwait and Syria. An addendum to the report (document A/54/222/Add.1) contains the reply to the Secretary-General by Cuba in regard to human rights and unilateral coercive measures.

In his report on the situation of human rights in Cambodia (document A/54/353), the Secretary-General states that continued assistance for the establishment of the rule of law in that country was essential. The concern for civil and political rights is maintained, while at the same time economic, social and cultural rights will be given more attention. There will be a special focus on the rights of women, children, indigenous people and other vulnerable groups.

According to the report, the Special Representative made specific suggestions for the joint United Nations human rights programme in Cambodia. Among those suggestions, are the following: the Government should be given assistance in monitoring the human rights situation; the promotion of greater integration of the human rights dimension into education, health and other development programmes.

On the subject of strengthening United Nations action in the field of human rights through promotion of international cooperation and on the importance of non-selectivity, impartiality and objectivity (document A/54/216), the Secretary-General reports on measures taken to increase international cooperation in the field of human rights and to strengthen the principle of universality, objectivity and non-selectivity. Those were achieved by enhancing inter-agency cooperation and fostering regional cooperation, as well as by strengthening national capacities for promoting and protecting human rights.

The report states that the increasing number of requests for advisory services resulting from the operation of human rights field presences had prompted the High Commissioner for Human Rights to maximize human rights advisory services as well as technical cooperation, and to accord those activities the highest priority. To promote transparency and information- sharing on the mainstreaming of technical cooperation in all areas of human rights, the Secretary-General suggests that the High Commmissioner prepare a table and update on a biennial basis to indicate what services or assistance had been received from her Office by Member States.

In his report on Implementation of the Plan of Action for the United Nations Decade for Human Rights Education, 1995-2004 (document A/54/399), the Secretary-General outlines the initiatives undertaken with regard to the eight components of the Plan. Those include: assessing needs and formulating strategies; strengthening international and regional programmes and capacities, as well as national and local programmes; coordinating development materials; strengthening the role of the mass media; and disseminating the Universal Declaration of Human Rights. He also outlines public information activities undertaken by the Office of the United Nations High Commissioner for Human Rights, including a publications programme, the use of electronic media and an external relations programme. Activities of the Department of Public Information encompassed print materials and publications; activities of the Dag Hammarskjöld Library; sales and marketing activities; United Nations television and radio; special events; outreach activities to students and educators; Human Rights Day and observance of the fiftieth anniversary of the Universal Declaration of Human Rights; and activities of the United Nations information centres and services.

Among the public information activities in the field of human rights (document A/54/399/Add.1) the Secretary-General summarizes publications issued by the Office of the United Nations High Commissioner for Human Rights as at August, and those available from the Department of Public Information as at that same date.

The Secretary-General’s report on the right to development (document A/54/319) recalls the emphasis placed by the General Assembly on the importance of creating an economic, political, social, cultural and legal environment that would enable people to achieve social development at the national and international levels. In paragraph 23 of the resolution, the Assembly requested the Secretary-General to submit a report on its implementation to the Assembly at its fifty-four session.

The report includes information on the promotion of human rights and the right to development within intergovernmental institutions. Under the latter, the report contains information on furthering the common country assessment through the United Nations Development Assistance Framework; the human rights strengthening programme; the comprehensive development framework; and the human development report 2000. It also contains information on the recent developments in the area of inter-agency coordination. Under the latter, it includes developments such as the one-year review of the task force on the Office of the High Commissioner for Human Rights/ United Nations Development Memorandum of Understanding; the ad hoc group on the right to development; and the field training for United Nations Development Programme (UNDP) resident representatives and government officials (Abidjan and Colombo).

A note of the Secretary-General transmits the interim report of the Special Rapporteur on elimination of all forms of religious intolerance (document A/54/386). The report summarizes communications sent by the Special Rapporteur and replies received from States. It describes follow-up initiatives undertaken by the Special Rapporteur concerning identification of legislation and studies prepared on the subject of tolerance and non-discrimination based on religion and belief and creating a culture of tolerance. Also described are initiatives undertaken by the Commission on Human Rights, States and non- governmental organizations, on-site visits and follow-up.

The Special Rapporteur concludes that several general trends were apparent during 1999. There was an increase in religious extremism and policies adversely affecting freedom of religion and belief continued. Discrimination against women also continued. The Special Rapporteur traces the development of those trends, make general observations and draws conclusions in his report. Religious extremism, for example, should be viewed in the larger context of the economic, social and political conditions that foster it. At the national and international levels, unjust economic, social and political systems contributed to the birth and nurturing of extremism.

Also transmitted by a note of the Secretary-General is the report of UNESCO’s Director-General on the International Day for the Remembrance of the Slave Trade and its Abolition (document A/54/137), in the form of a resolution adopted by the General Conference of UNESCO. The resolution proclaimed 23 August of every year as the International Day and it invited worldwide participation in giving the day all due prominence.

Finally, a note by the Secretary-General on the right to development (document A/54/401) announces that the independent expert on the right to development had submitted a report to the Open-ended Working Group of the Commission on Human Rights on the Right to Development, which met in Geneva on 13 and 14 September. The Working Group would resume deliberations on the matter from 13 to 17 December.

Documents on Human Rights Situations

A note of the Secretary-General transmits a report by the Special Representative of the Commission on Human Rights on the situation of human rights in Rwanda (document A/54/359) The Special Representative reports on his mandate to assist the newly formed Rwandan National Human Rights Commission in organizing a round-table meeting and in developing a plan of action for the promotion and better protection of human rights in Rwanda. The Special Representative recalls in his report that he is guided by three fundamental considerations: to comprehend the post-genocide trauma affecting the society since 1994; to encourage recovery from the tragedy; and to be objective and constructive in proposing recommendations to address real problems in the field of human rights.

The Special Representative describes his missions and outlines general observations concerning the laying of foundations for democracy; creating a culture of human rights; detention, justice and reconciliation; social and economic rights; structural challenges to human rights; changing attitudes; and the relation of security and human rights. He describes cooperative arrangements with the Office of the High Commissioner for Human Rights and the security situation in the north-west, along with the repatriation of refugees. He details the measures taken in building democracy and his activities with the Rwandan National Human Rights Commission. Also detailed are activities of the National Unity and Reconciliation Commission and activities involved with helping survivors.

With regard to civil society and human rights, the Special Representative describes activities of Rwandan human rights groups; monitoring; money and societal membership; empowering action based on information received; management; and freedom of the press. He documents the crisis in Rwanda's prisons, including justice reforms and the International Criminal Tribunal for Rwanda, elaborating on the traditional system of justice called “gacaca”, which is a form of amnesty and which is seen as a necessary consideration in bringing reconciliation to the country. Finally, the Special Representative describes considerations surrounding land and resettlement issues.

The Special Representative concludes his report by stating that exciting opportunities exist for Rwanda and its partners in the donor community. The Government was encouraging the development of independent human rights institutions and the time was ripe for making major breakthroughs with regard to detention, justice and reconciliation. Rwanda's independent human rights groups were contributing to the transition to a post-genocide society. Donors were targeting assistance to small human rights projects, but assistance had to be improved and better coordinated for extended projects. Within the United Nations system, the UNDP and the Office of the High Commissioner for Human Rights were most influential, particularly in coordinating with the donor community. He points out that since macroeconomic policies in the early 1990s were undoubtedly influential in the genocide, particular attention should be paid to multilateral economic aid being more responsive to human rights considerations.

The National Human Rights Commission and the National Commission for Unity and Reconciliation should work more closely together, the Special Representative recommends, and they should have the strong support of the international community. Finally, for Rwanda and for the Great Lakes region of Africa, a comprehensive regional solution for the present conflicts was essential. All means should be expended to ensure that a lasting and comprehensive peace was agreed upon by all the affected countries as the only viable method to obtaining a sustainable culture in the area.

In his interim report on the situation of human rights in Iraq (document A/54/466), transmitted by a note of the Secretary-General, the Special Rapporteur states that since his visit to Iraq in 1992, despite his requests, he had not received an invitation from the Government to visit again. He continues, however, to receive information and assistance from various sources. The present report is based on information received through 20 September.

In his report, the Special Rapporteur describes his findings on continued allegations of serious violations of almost all civil rights, including reports of summary, arbitrary and extrajudicial executions; disappearances; and destruction of civilian settlements. He reports in detail on the current situation with regard to the right to food and health care, as well as the deteriorating situation in the field of economic, social and cultural rights.

The Special Rapporteur concludes that the gravity of the human rights situation had not changed since his mandate began in 1991, when he noted that the situation had few comparisons in the world, particularly in the Government's repression of the civilian population. He called on the Government to immediately release all those being held and to review the case files of missing persons. Without firm determination on the part of the international community to respond substantially to the extremely serious violations cited in the report, the tradition of impunity prevailing in Iraq would continue. In particular, he calls for a human rights monitoring mechanism composed of United Nations staff to be established throughout all of Iraq.

Transmitted by a note of the Secretary-General, the report of the Special Representative on the situation of human rights in the Islamic Republic of Iran (document A/54/365) states that freedom of expression with regard to the media has suffered a serious setback as a result of a hostile campaign mounted against the reformist press in particular, the usurpation of the legislated press control system by the courts, and the introduction of repressive legislation. Freedom of expression, as well as the rights of association and assembly, may have suffered in the aftermath of the student demonstrations, depending on the treatment accorded to the students and to other participants.

The report states that there has been little change with regard to the rights of women in the period under review. The Special Representative calls upon the Government to take the lead in introducing change in law in practice affecting the status of women. It also states that, in order to achieve the rule of law and the protection of human rights, the reform of the legal system remains an urgent matter. The Government should publish statistics on executions by category of offence and should ensure compliance with resolutions of the Commission on Human Rights in this regard. Torture and comparable treatment or punishment continue to exist and need to be confronted by the Government in accordance not only with international standards but with the laws of Iran.

The investigation of the string of murders of intellectuals and political dissidents that occurred in November and December 1998 needs to be completed quickly, the report states. Also, the status of religious minorities remains precarious. For example, the Government should address the matter of the Baha’is. In addition, terrorism by Iranians against Iranians is on the rise both within and outside of Iran. The Special Representative calls upon both sides to heed the calls from the Secretary-General in this regard. Furthermore, there continues to be progress in the development of democracy in the Islamic Republic; the arrangements made to ensure open and fair elections for the sixth Majlis will be critical in this regard.

The annexes to that report contain the chronology of student demonstrations, information on the situation of the Baha‘is and correspondence between the Special Representative and the Government of the Islamic Republic of Iran during the period January-August 1999.

The report of the independent expert on human rights in Haiti (document A/54/366) is transmitted by a note of the Secretary-General. The report emphasizes the threats to the stability of the country resulting from the prolonged absence of a Prime Minister and a government. The greatest challenge faced by Haiti is to build a State ruled by law through the establishment of a modern, effective, independent, democratic and equitable judicial system available to all. Another major concern was the question of the withdrawal of the United Nations Civilian Police Mission in Haiti (MIPONUH).

The independent expert reports on activities in relation to combating impunity; establishing the judicial system; addressing the question of violence; the Haitian National Police and the post-MIPONUH era; the technical cooperation programme; women's rights; the rights of the child; and the political situation. The conclusion is that Haiti had made progress towards building a democratic State with safeguards for individual freedoms. There had been significant advances in human rights since the return of constitutional legality. The question of the enjoyment of economic and social rights, however, should receive the full attention of the international community.

The independent expert calls on the Haitian authorities to ensure that justice is brought to the perpetrators of the many crimes committed during the period of crisis. Vigilance must be shown regarding respect for individual rights and all actors should create conditions allowing the electoral process to continue without incident. All actors should pursue the political dialogue already begun and the capacity of both government institutions and civil society must be strengthened for protecting and promoting human rights, good governance and the sound administration of justice.

On the situation of human rights in the Democratic Republic of the Congo (document A/54/361), transmitted by a note of the Secretary-General, the Special Rapporteur reports that in the territory controlled by Kinshasa the Government’s announcements concerning a democratic regime will be believable only if they are translated into effective measures of openness to all sectors. The political parties and non-governmental organizations established in accordance with the law in effect at the time of their incorporation should be respected. Also, human rights, especially liberty of person and the freedoms of expression, opinion and association must be restored since their enjoyment today seems more like a concession from the authorities than an enforceable right. The Congolese people do not enjoy the right to be informed.

According to the report, the death penalty should be abolished. The Government’s arguments for maintaining it are not convincing, especially since the President claims to be abolitionist. The military Court’s method of conducting trials genuinely undermines the rule of law. Also, the Party known as “Rassemblement congolais pour la démocratie” must stop viewing any dissident as a person guilty of acts of genocide or as an instigator of ethnic hatred. In both parts of the territory it is essential to put an end to the discretionary authority, impunity and illegal acts of the so-called “security forces”, which to the population mean the exact opposite of what their name indicates. In addition, the peace agreements should be strictly observed. Many provisions of those agreements are dangerously ambiguous, which left them open to intentional misinterpretation in order to accuse the other party of not observing them.

The peacekeeping mission should not confirm the partition of the Democratic Republic of the Congo but should be deployed along the country’s recognized northern and eastern borders, the report states. Also, war crimes and crimes against humanity should be tried and the guilty parties sentenced. In addition, military assistance to all parties should be suspended. Furthermore, the end of the recruitment of children cannot be delayed.

The 10 annexes to that report are the following: on previous resolutions and report of the General Assembly and the Commission on Human Rights (I); on officials of the Government of the Democratic Republic of the Congo with whom the Special Rapporteur met (II); officials of the Rassemblement congolais pour la démocratie with whom the Special Rapporteur met (III); other institutions, churches, judges, public organizations, non-governmental organizations and political parties met in territory controlled by the Kinshasa authorities (IV); other institutions, churches, judges, public organizations, non-governmental organizations and political parties met in territory controlled by the authorities of the Rassemblement congolais pour la démocratie (V); places visited by the Special Rapporteur (VI); international instruments to which the Democratic Republic of the Congo is a party (VII); irregular armed groups directly or indirectly involved in armed conflict in the Democratic Republic of the Congo (VIII); armed conflicts developing in the territory of the Democratic Republic of the Congo (IX); and main peace initiatives undertaken by the international community since the outbreak of the conflict (X).

Through a note, the Secretary-General transmits the report of the Special Rapporteur on the situation of human rights in Myanmar (document A/54/440). The report welcomes the resumption of work by the International Committee of the Red Cross (ICRC) and the cooperation of the Government in that regard, hoping that such cooperation may continue and be extended to all prisons and other places of detention throughout the country. The cooperation of the Government is indicative of its recognition of the fundamental norms, namely, that persons who are deprived of their liberty have a right not to be subjected to torture.

The report states that the efforts of the agencies of the United Nations system conducting operational activities in Myanmar can indeed prove most valuable in the provision of humanitarian assistance. These efforts should be intensified and focus on programmes at the grass-roots level and be developed from the perspective of those who most need their basic human rights protected, such as the internally displaced, women and children and other vulnerable groups. These programmes should also focus on problems related to health and education.

According to the report, except for the developments above, there has been no progress in the situation of human rights in Myanmar. If anything, it is worsening. Repression of civil and political rights continues and intensifies whenever there is any form of public protest or any form of public political activity. Repressive laws are still used to prohibit and punish any exercise of the basic rights of freedom of thought, expression, assembly and association. Also, no effective measures have been taken to restrain forced labour which amounts to no less than a contemporary form of slavery. In the ethnic areas, the policy of establishing absolute political and administrative control brings out the worst in the military. For all of the above reasons, the Special Rapporteur renewed the recommendations made in his last report to the General Assembly.

The report of the Special Rapporteur on the situation of human rights in the Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (document A/54/396-S/1999/1000), transmitted by a note of the Secretary-General, is the third comprehensive report of the Special Rapporteur on the mandate. It covers the human rights situation through mid-August 1999. The report states that it was essential to consider the mandate from a regional area. The Kosovo crisis of 1999 was a problem best viewed in the overall context of the violent disintegration of the former Yugoslavia. Major issues such as the question of refugees and internally displaced persons were most effectively addressed on the level of all three countries. The same applied with other issues, including the development of civil society and democratic structures, good governance, and the problems of trafficking in human beings and other international criminal activities.

Detailing his activities, the Special Rapporteur states that he met with representatives of independent media, human rights activists and independent intellectuals from all over the Federal Republic of Yugoslavia during the war. He was told that by its bombing, the North Atlantic Treaty Organization (NATO) had betrayed and decimated the civil society. The hope had been in the weeks after the war that the international community could impose civil society on Kosovo, which would enforce respect for the human rights and humanitarian values that had been the justified claim for the bombing.

The Special Rapporteur had examined why the United Nations Interim Administration in Kosovo (UNMIK) had been unable to establish a civil administration, and why the Kosovo Military Force (KFOR) had not been able to guarantee security. The question arose as to why the international actors who had crafted the war had made no initiatives for a political settlement. Elaborate formulations and the Rambouillet agreement for executive, legislative and judicial structures served no purpose among the parties once at the negotiating table. The United Nations was thus asked once again to administer in the absence of a political agreement and the civilians were paying the price in violence and uncertainty. With no purchasing power, high unemployment, damaged infrastructure, rising prices and food shortages, civil society anticipated a cold and difficult winter.

Among his recommendations, the Special Rapporteur suggests that the International Criminal Tribunal for the Former Yugoslavia (ICTY) look into violations of human rights in Kosovo during the crisis. The international community should launch “winterization” programmes for the whole of the Republic, threatened with another humanitarian catastrophe. Studies should be undertaken of the long-term effects of the NATO bombing. The Government should disclose the names of persons arrested during the crisis and initiate discussions with UNMIK for the return of persons held in detention. The Kosovo Liberation Army (KLA) should also disclose names of persons detained. The UNMIK should establish a courts system in Kosovo, and all citizens of Kosovo should be protected against violence, with particular attention paid to the weaker sectors of society.

A note by the Secretary-General transmits to the General Assembly a brief interim report on the situation of human rights in Afghanistan prepared by the Special Rapporteur of the Commission on Human Rights (document A/54/422).

The report, the second of the Special Rapporteur, is based on his visit to Quetta and Kandahar in May 1999 and Islamabad and Kabul from 8 to 13 September. The report states that there has been resumed fighting in Afghanistan resulting in grave breaches of international humanitarian law and gross violations of human rights. Also, there is a sense of urgency about the need for an immediate cessation of the armed conflict and the resumption of political negotiations. The peace process should be revived as soon as possible with an agenda which would underscore the need for a broad-based, multi-ethnic representative government acceptable to all segments of the Afghan population, including the 3-4 million refugees living outside Afghanistan.

According to the report, the Taliban authorities, who appear to be engaged in preparing a draft constitution, should appreciate that such a draft must be circulated among all segments of the population and can only acquire legitimacy if it is approved by properly elected representatives of all the Afghan people. Such a government would, as a high priority, adopt measures to comply with the international obligations of Afghanistan under the international human rights instruments to which it is a party. Current practices and edicts found to be inconsistent with those obligations would need to be replaced by laws and practices which would demonstrate compliance with international human rights instruments.

The report states that a human rights based programme of humanitarian assistance should be given the highest priority in order to meet the basic needs essential for survival and the right to life. Among the principles which should be kept in view when implementing such a programme are the following: life- sustaining humanitarian assistance shall be provided in accordance with the principles of humanity, universality, impartiality, and neutrality; assistance shall be provided as part of an overall effort to achieve peace; and rehabilitation and development assistance shall be provided only where it can reasonably be determined that no direct political or military advantage will accrue to the warring parties in Afghanistan.

The annex to that report contains correspondence between the Special Rapporteur, the Taliban leadership and the leadership of the Northern Alliance.

The report of the Special Rapporteur on the situation of human rights in Burundi is to be issued.

The report of the Special Rapporteur on the situation of human rights in the Sudan is also to be issued.

A note transmitted by another note of the Secretary-General regarding human rights in southern Lebanon and West Bekaa (document A/54/188) states that no reply had been received from the Government of Israel in response to a request for information on that situation.

Finally, a note of the Secretary-General transmits the report by his representative on internally displaced persons (document A/54/409). The report sets out the guiding principles for the normative framework on displaced persons as well as the institutional framework. It describes the country focus and the agenda for research. The representative concludes that since the mandate of the office was created in 1992, the international response to the global crisis of internal displacement had advanced appreciably.

Other Human Rights Documents

The report of the United Nations High Commissioner for Human Rights (document A/54/36) describes the situations in Kosovo, Sierra Leone and East Timor as examples of the widespread, systematic violations of the most basic human rights that had marked the last year, particularly with regard to civilians caught in armed conflict. The report outlines activities to implement and protect human rights through the international treaties and special procedures. It summarizes the growing concern with human rights defenders and the growing field presence in the area of human rights, including through technical cooperation. It describes regional cooperation measures and initiatives with regard to the right to development and to economic, social and cultural rights.

Further, the report summarized activities undertaken by the Office with regard to the problems and opportunities provided by globalization, as well as plans for the World Conference against Racism, to be held in 2001. Other activities of the Office included those related to indigenous people, minorities, the human rights of women, trafficking in persons and the rights of the child. The Office also looked at the effect of databases and Web sites with regard to human rights issues.

Overall, the report concludes that carefully planned and executed programmes of ethnic cleansing and violations had killed and displaced many thousands of people. Violent conflicts inflicted untold suffering, and violations of human rights were the root causes of those conflicts. A first priority was for the international community to find ways of effective response to warnings of impending disasters, such as were invariably present.

The report states that daily reports of violations received by the Office of the High Commissioner were addressed by the special procedures, the complaint mechanisms of the treaty bodies and by the Commission on Human Rights. Those needed to become more effective as an early warning system.

The growth of poverty in rich and developing countries alike, and the marginalization caused by violations of economic, social and cultural rights were other destructive violations of human rights, the report continues. Despite all obstacles and dangers, people continued to demand respect for their human rights. Prevention was the most effective means of ensuring human rights protection. The need to strengthen the preventive mechanisms was urgent, as was the imperative to convert rhetoric into action in the human rights debate. That was particularly acute with regard to the right to development, where the vital question was how to implement that right on the ground.

The attainment of universal human rights and the transformation of the twenty-first century into an age of prevention were achievable goals, the report concludes. Worldwide acceptance was building for the principle that human rights were universal and indivisible. The challenge was to put the legislation into practical effect. The need was to move from standard-setting to putting the principles of international treaties into practice. The United Nations could function effectively only if Member States gave it sustained support and provided the resources needed for the job. For many areas of the world, the political will and resources were not adequate. There were urgent conflicts where the world's attention was at best sporadic and at worst uncaring. Yet, the mechanisms of the United Nations for promoting and protecting human rights were expanding and improving. The tough, core issues of human rights were being hotly debated. That proved human rights had come of age.

Statement by United Nations High Commissioner for Human Rights

MARY ROBINSON, High Commissioner for Human Rights, spoke of the challenges with regard to human rights. The first was the human rights protection and conflict-prevention, and the embedding of a culture of respect for human rights. Standards and proven methods to achieve those objectives were in place, she said, but the political will and required resources were essential for them to work. Early ratification and entry into force of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women should be emphasized. Also, the work of human rights treaty bodies had a multiplier effect at the national level, leading to progressively greater respect for human rights. However, treaty bodies were handicapped by being under-resourced. Also, building national cultures of human rights required targeted assistance in national human rights capacity-building. For that reason, emphasis to the strengthening and modernizing the programme of technical cooperation of her Office had been given.

“No more serious danger threatens human rights today than the specter of racism”, she said. The “virus of intolerance” sought to destroy the healthy tissues of society and caused internal and international conflict, widespread massacres and even genocide. Great effort was being put towards the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance in the year 2001. On the right to development, she said it was not attainable when “nearly a billion people, a sixth of humanity, are functionally illiterate”. It was imperative to close the gap between policy-making in the macroeconomic sphere and in the social sphere.

Children below the age of fifteen were not only recruited into armed forces but were also exposed to the moral and physical dangers of combat, she said, adding “I would like to call upon countries exporting arms to undertake not to export them to countries which enrol children in armed forces in violation of their commitment under the Convention on the Rights of the Child”.

She said the international community needed to figure out how to do more to prevent the deep human suffering that it was witnessing today. “We must raise to the international level the well-known techniques of prevention developed on the national level”, she said. Information on early warnings and conflict-prevention capacity was not in short supply; it was action that was lacking. There had been warnings of impending disasters a year before the Rwanda crisis erupted. Also, the deteriorating situation in Kosovo was well known for some years. A crucial factor in the prevention of gross violations of human rights was personal accountability and the end of impunity. The strength of civil society was very important. “As the Millenium Assembly approaches, we must develop strong and mutually reinforcing relationships with the organs of civil society”, she added.

Question and Answer Session

The representative of Finland, also speaking on behalf of the European Union, requested information on the study of the treaty monitoring bodies and on the field presences of the Office of the High Commissioner.

The representative of the Russian Federation requested information from the High Commissioner on the future strategy of action of her Office in Kosovo.

The representative of Libya said certain interventions had taken place outside the United Nations framework. There seemed to be selectivity in humanitarian interventions. Certain major Powers had used intervention to further their own interests. That was not real respect for human rights since those interventions were unfair.

Ms. ROBINSON said the study on the treaty bodies would be prepared by the end of the year. There would be a brain-storming session in January before the study was finalized. One conclusion was that the treaty bodies were seriously undersourced. The heads of the treaty bodies wanted an overall plan of action of support for their work. Two posts had been added to the treaty bodies, but seven more staff would be needed to meet the overall need with regard to the treaty bodies.

In relation to field presences, she said two meetings had been held with heads of field presences to strengthen coordination and management. Field presences were an important part of human rights activities. A senior human rights officer had been appointed to Pristina. On Kosovo, she said a task force on the situation had been named. A second initiative had been to establish a commission for prisoners and detainees, which had Serbian participation.

The question of context for humanitarian interventions was an important one, she said. The question was being debated in the General Assembly and in the Security Council. It was an important development that the Human Rights Commission had just begun meeting when the bombing occurred, so that they met during much of the campaign.

The representative of Canada asked about early warning mechanisms.

The representative of Japan asked about the relationship between the Office and the Government of Indonesia with regard to East Timor.

The representative of Croatia said existing monitoring mechanisms for human rights were inadequate. How could there be better coordination between the central Office and the field offices?

In reply to the question by Canada, the High Commissioner for Human Rights said that due to the great demand for human rights help, more support for her Office was needed. She was currently assisting South Korea, Sierra Leone and Rwanda. National institutions were being informed so they could be better prepared. She hoped that no new form of human rights colonialism would begin. Human rights institutions also had a role in the maintenance of peace.

On the need for early action and the role of existing human rights mechanisms, the High Commissioner said mechanisms were at the core of human rights. More needed to be done, however. A conference in Washington on prevention of atrocities, and responses, had enlightened her. The Third Committee was the primary body of human rights at the United Nations and it could work towards early action.

In reply to Japan’s question, the High Commissioner said high priority had been given to good relations and dialogue with Indonesia. She had emphasized the latter during her visit to that country. Her Office had been asked by that Government to help. Relations were very good with the human rights office in East Timor.

In reply to the question posed by Croatia, the High Commissioner said it was important to strengthen all human rights mechanisms. Good coordination with regional institutions was essential.

The representative of China said the protection and promotion of human rights and the right to sovereignty were not contradictory but rather complemented one another. How had the Office dealt with the issue of human rights and the issue of non-interference? Also, how were funds of the Office of the High Commissioner used? In addition, he requested information on preparations for the World Conference on racism and racial discrimination.

The representative of Cuba said the report of the High Commissioner had placed great importance to the monitoring process. However, not much had been said with regard to the rights of the Palestinian people, for example. Measures and proposals made to improve the efficiency of procedures had not been emphasized. Importance should be given to neutrality and non-selectivity.

The representative of the Sudan said great importance had been given to the reports of the Special Rapporteur and the mechanisms established by treaty bodies. He referred to the idea of establishing a new international mechanism to use the available information and said it was not clear whether this was necessary because the existing ones had not worked. He said it was regrettable to have received the reports of the Special Rapporteurs late. The report on his country, for example, had been available just this morning.

Ms. ROBINSON said she saw no contradiction between protecting human rights and the sovereignty of States. Field offices were set up within the mandate of the undertaking and funding was extrabudgetary, except for the field office in Cambodia. Technical cooperation programmes began with a needs assessment mission. Her Office respected the sovereignty of all countries in which it worked. The Office was giving a great priority to the world conference on racism, which would need the active support of governments and civil society. In January there would be a meeting to consider the question of recourse for victims of racial discrimination.

Her Office was the human rights organ of the General Assembly, she said. Her role in the reports of the Special Rapporteurs was to lend support in servicing the work. The Rapporteurs were experts who gave of their expertise without remuneration and who received only living expenses while working. With regard to early warnings, she said she had no blueprint on how to be more effective because there were no modalities that could be readily adopted. It was up to Member States to make the decisions turning modalities into action.

The representative of Iraq said the lateness of the reports was an impediment to the work of the Committee. They should be ready at least a week before discussion.

The representative of India asked a number of questions on protecting human rights rather than promoting them, and on transparency, the links between development and human rights, and human rights with regard to globalization.

The representative of Bangladesh asked for more information on the training module for human rights.

In reply to the representative of Iraq, the High Commissioner said she regretted that reports had been late. She would address that problem so it would not happen again. On 23 October, all reports had been put on the Web site even though they had not been ready.

In reply to the question posed by India, the High Commissioner said there had been great focus on issues of promotion. Her Office’s technical cooperation programme had greatly improved. In addition, the regional framework was being utilized. The United Nations foundation would also help. On the question of resources, she said members of the Fifth Committee should be encouraged to increase the budget of her Office. She was attempting to enlarge the number of donor countries in every region. Also, she encouraged those countries which supported her Office not the reduce their contributions.

In reply to the Sudan, the High Commissioner said the biggest failure of humanitarian affairs was not to address gross violations of human rights.

To a question from the representative of India regarding the World Bank, she responded that it was too soon for her to say anything.

Answering the question by the representative of Bangladesh, the High Commissioner said sets of rights were under-supported. She attached importance to the work of the Working Group on the Right to Development. A training manual was being prepared in cooperation with developing operational agencies.

The representative of Lebanon asked about the procedures followed by the High Commissioner’s Office in order to rectify human rights violations in areas under foreign occupation, such as western Lebanon.

The representative of Australia asked about the level of cooperation among United Nations and other institutions dealing with the right to development. What were the efforts made by her Office to work with the Working Group on the Right to Development?

Referring to a letter, the representative of Singapore said there seemed to be an idea going around that the use of capital punishment was allowed under appropriate safeguards. She was puzzled by the letter since capital punishment was not a human rights issue and there was no international consensus in that regard. Clarification in that regard was necessary.

The representative of Rwanda asked about warnings with regard to catastrophes. Was there any way to seek advice about having the international community stop criminals from committing atrocities?

The Human Rights High Commissioner said she planned to visit Lebanon, perhaps in January. On the right to development, she said her Office cooperated with both the independent expert and the Working Group. She hoped for a constructive approach when the Group met.

With regard to capital punishment, she said the letter referred to was a very considered one, alluding to steps she had taken as High Commissioner. There was nothing new in it. It referred to the real situation regarding the death penalty on the global scale. She had said in the past that the trend was towards abolition of the death penalty and she had spoken out against the use of the death penalty in the case of juvenile offenders.

In response to Rwanda, she said she had met with Rwanda’s Human Rights National Commission in Geneva and would be meeting with the eminent group.

Statement by Special Rapporteur

Sir NIGEL RODLEY, Special Rapporteur on Torture and other Cruel, Inhumane or Degrading Treatment or Punishment, said that during the period under review -- from 10 December to 31 August 1999 -- he had transmitted 113 urgent appeals to 41 countries. The failure of some States to provide replies to allegations transmitted had been of great concern. “I would like to emphasize that the communications are not intended to be an indictment of the government, but rather are intended to clarify the facts, identify possible shortcomings and to establish a dialogue that seeks to assist the government in a cooperative manner”, he said.

Human rights defenders were those who were on the front line of the campaign against human rights violations, he added. Their efforts too often made them targets of government repression. It was incumbent upon States to take all necessary measures to ensure the protection of human rights defenders. Also, the adoption of the Rome Statute of the International Criminal Court on 17 July 1998 represented a landmark in international criminal law. It reaffirmed the position that torture practised systematically, or on a widespread scale, was a crime against humanity. The establishment of the Court would help combat the problem of impunity which fostered the perpetuation of crime.

He referred to a manual known as the “Istanbul Protocol”, which he said was intended to serve as international guidelines for the assesment of persons who alleged torture and ill-treatment, for investigating cases of alleged torture, and for reporting such findings to the judiciary and other investigative bodies. “Too many governments lack the political will to stop the crime of torture”, he added.

The representative of Canada asked about capacity-building in the area of torture, and about coordination with the Committee on Torture.

The representative of Egypt said the request for an invitation to visit his country was being considered by the appropriate channels in his Government. How had the Rapporteur’s visit to East Timor helped the situation?

The representative of Denmark asked about follow-up to on-site visits.

Sir NIGEL said that as far as the Committee on Torture was concerned, there had been meetings. The work was complementary and did not overlap. Since the Committee worked confidentially in examining countries, he needed to be aware of the countries the Committee was examining to avoid duplication.

Clarifying his position on receiving invitations for visits, he thanked the positive note of the Egyptian delegate’s intervention. He said that during his visit to East Timor he had collected information that had been transmitted to the country and which had not been issued in the usual manner. A resource problem had prevented him, in some situations, from following up in time for inclusion in the report.

The representative of Finland, speaking on behalf of the European Union, asked whether there had been any improvements with regard to the eradication of the use of torture since the Special Rapporteur’s last report.

The Special Rapporteur said major improvements did not occur overnight; that only happened in specific States, usually when a new government took over. If torture was practised it was represented in the body politic or administrative body. It took great resources and work to turning it around. A sense of urgency needed to be established in regard to torture, he added.

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