SOCIAL COMMITTEE HEARS OF PROGRESS IN COUNTRIES WITH HUMAN RIGHTS PROBLEMS, BUT INTERNATIONAL INVOLVEMENT STILL NEEDED

Press Release
GA/SHC/3548

SOCIAL COMMITTEE HEARS OF PROGRESS IN COUNTRIES WITH HUMAN RIGHTS PROBLEMS, BUT INTERNATIONAL INVOLVEMENT STILL NEEDED

Representatives of Cambodia, Iran and Sudan Respond to Reports By United Nations Officials on Current Conditions in Those Nations

Countries under consideration for their human rights situation had made progress, but international support was needed to improve remaining challenges, the human rights experts addressing the Third Committee (Social, Humanitarian and Cultural) this morning told the Committee as it met to continue considering human rights issues.

The Committee is considering the questions related to 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.

Impunity was a major human rights problem in Cambodia, the Special Representative on the Situation of Human Rights in that country said. The horrific devastation caused by the Khmer Rouge in the 1970s had made it difficult to build strong democratic institutions, including an effective justice system. There had been some judicial reform, but the independence of the judiciary had to be guaranteed. Those responsible for violence had to be brought to justice. Prison conditions needed reform.

In Iran, according to the Special Representative on the Situation of Human Rights in that country, the situation was improving but impatience with the pace of reform had led to student protests. Freedom of expression was hampered by the legal system and court decisions. A fair trial was often promised but not always delivered.

The Special Rapporteur on the Situation of Human Rights in the Sudan said there had been progress. The new constitution of 1998 contained a statement of human rights. However, population was being devastated by the low-level civil war in which neither side respected human rights or humanitarian law. Allegations of abductions and slavery also continued. The government needed to adopt legal, political and civil measures to protect human rights. International support would assist Sudan in the process. It was hoped the Office of the United Nations High Commissioner for Human Rights could establish a permanent presence in Sudan.

The Special Representatives and Special Rapporteur engaged in a dialogue with representatives. Taking part in the dialogue were the representatives of Cambodia, Finland, Japan, Iran, United States, Uganda, Canada, Dominican Republic and Sudan.

The Committee meets again at 3 p.m. today, 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 issues, including 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. (For background information, see press releases GA/SHC/3546 and 3547 of 4 November.)

Reports by Special Rapporteurs

THOMAS HAMMARBERG, Special Representative on the Situation of Human Rights in Cambodia, said he had been struck from the beginning by the horrific devastation caused by the Khmer Rouge in the 1970s. The mass killings that had affected families everywhere had had lasting effects. It had made more difficult the attempts to build strong democratic institutions, including an effective justice system. That had led to the sad phenomenon of impunity in the country.

There were great gaps in the legal system, there was confusion over which cases should be taken to a military court versus a civil one. Pretrial detentions were greatly extended. Overall, the condition of the judicial process had led to deep distrust in the legal system on the part of the people. The new government had initiated judicial reform and the process was going well. Japan, France and Canada had contributed to the effort.

Legal reforms alone, however, would not solve the problems. The independence of the judiciary had to be guaranteed. Those responsible for recent violence had to be brought to justice but so far no one had been arrested. Cambodians also wanted those responsible for violence during the Khmer Rouge régime to be brought to justice. Prison conditions, however, were terrible and escape was impossible to prevent. The government was planning a countrywide review of the prisons.

Also related to human security were the conditions of everyday survival, he continued. Improvements had been made in health care. Infant mortality had dropped considerably. However, more than one-fifth of children between the ages of six and 11 remained out of school. Minorities were also a human rights concern on such issues as land use and entitlement. There had also been outbursts of xenophobic, anti-Vietnamese agitation, against which politicians had taken a principled position.

The problems in Cambodia should not be underestimated, he concluded. Those problems required strong political commitment and considerable resources. The international community should respond positively if the Cambodians invited co-operation.

OUCH BORITH (Cambodia) said there had been an agreement which clearly stipulated that the comments of his Government be included as an annex in the Special Representative’s report. That had not been done in 1997, 1998 and 1999. He hoped the deficiency would be corrected.

The problem of impunity did not exist as a policy of the Government, he said. Authorities had always made all efforts to investigate and prosecute every crime. However, due to the innefficient law enforcement mechanism, there were some deficiencies. “In Cambodia no one is above the law, not even the self-proclaimed champions of human rights”, he emphasized. Negotiations were under way between his Government and the United Nations with regards to the modalities of international assistance for the trial of the Khmer Rouge leaders. Such a trial must be held in his country’s courts.

The use of the term “extra-judicial killing” mentioned in the Special Representative’s Memorandum (included in his report) was a misunderstanding, he said. There was no capital punishment within his Government’s legal system. “Every killing and attempt on life is a crime which shall be punished by law”, he said. There had been exaggerations regarding the “so called numerous instances of violations of human rights in the Special Representative’s report”, he continued. There was no evidence of those violations. Also, prison conditions had improved.

The representative of Finland, also speaking on behalf of the European Union, asked about the legal reforms which had taken place in Cambodia. He also requested information on the education of children and on the future of the High Commissioner.

The representative of Japan requested information on international assistance to Cambodians with regard to the promotion and protection of human rights.

The Special Representative said his relations with the Government of Cambodians were very positive. There was no attempt to hide existing problems, but rather the Government was trying to figure out how to solve them. His report had been submitted to the Government of Cambodia, but there was a language problem. It took time to translate his report into Khmer. However, the English version had been ready promptly. No one believed there was a plan by the Government to have impunity. However, impunity existed and it was a problem. For example, nine fishermen had been killed in April 1998 by a group of soldiers; fisherman had survived and had come to declare what had happened. But, he could not make declarations out of fear. It was difficult to impose justice within the military.

Many Cambodians had lost trust in the system of justice, he continued. Judges were being paid very low salaries causing corruption, which stern action was needed to stop. Only this week a reform of the justice system had begun. Education was necessary and the police force needed to be trained. None of these were new issues. Monitoring of ongoing policies was an important element in order to assess what could be done. There were programmes on education, some of them by United Nations Children's Fund (UNICEF). There was a lack of competent teachers.

Replying to a question from Japan, he said the problem of HIV/AIDS was a “ticking bomb” which needed the help of the international community. The feeding of prisoners was essential. Prison reform was necessary. The Office of the High Commissioner for Human Rights could not stay forever. However, it needed the support of the Cambodian Government.

MR. BORITH reiterated that Cambodia was just emerging from 20 years of devastation, including in the field of human rights. The country was only five years old. It was taking its first steps. It could not do everything overnight.

The representative of Canada asked whether there would be a war crime tribunal for Cambodia and for elaboration on the problems with minorities.

MR. HAMMARBERG said discussions concerning a tribunal were ongoing. The latest proposal being considered was a joint undertaking between Cambodia and the international community through the United Nations. It seemed apparent there would be a trial and it would be under the auspices of Cambodia. The question now was determining how to guarantee adherence to international standards. With regard to minorities, the government was cracking down against those who violated the rights of minorities. However, the government needed international support because if it cracked down too hard on Cambodians for such violations, it was perceived as collaborating too closely with Viet Nam.

MAURICE COPITHORNE, Special Representative on the Situation of Human Rights in the Islamic Republic of Iran, said the situation in Iran was improving but not across the board and not in some important respects. Impatience with the pace of reform had been expressed through student protests. Despite progress, freedom of expression was hampered by the legal system and decisions of the courts. There was an urgent need to guarantee the right to a fair trial, including for the most vulnerable, including student leaders, political activists and those accused of espionage. While fair trial was often promised, evidence indicated such groups were often denied that right in practice.

In addition, he said, more determination must be shown to bring to account those involved in a variety of outrageous and subversive acts, some of them horribly bloody. There remained deep suspicion about the investigations into the 1998 murders of dissident intellectual and political figures and the instigators of raids on University of Teheran student dormitories in July.

However, he said, it was obvious the government had taken a number of significant steps to improve human rights, such as in the direction of democracy. The municipal elections of last spring had been widely viewed as open and fair. Upcoming elections in the spring would be a challenge. Progress had also been made in women’s education and the challenge was to remove the systematic limitation on the role of women in Iranian society. Tentative progress had been made will regard to private sector defenders of human rights, for example through associations to protect freedom of the press or children’s rights.

Those instances of progress must not be minimized or overlooked, he said. But, such improvements could be fully realized only in a society where a culture of human rights had hold. The current trial before the Special Clerics Court, of a reform minded cleric publisher and political activist, was the severest challenge to the establishment of a civil society in the Islamic Republic. He said no invitation had been extended to visit the country. He had not visited Iran since February 1996.

The representative of the United States asked about the situation of women in Iran and about the nature of the clerics court.

The representative of Finland, on behalf of the European Union, asked about challenges to freedom of the press and the situation of religious minorities. What about the work of the Human Rights Commission in Iran?

The representative of Japan asked about cooperation between the Special Representative and the government of Iran.

(Uganda’s representative said she wanted to change her vote on last night’s action with regard to the right of the Palestinian people to self- determination. She would vote in favour of the resolution rather than abstaining.)

The Special Representative said there were ongoing discussions on discriminatory laws affecting women. There was no statutory basis for the Special Clerics Court. Tribunals needed to be examined and there were many inquiries with regard to the Clerical Court. Freedom of expression in Iran was complex; the freedom of the media was being challenged, and much work was needed to improve the situation. Many press licenses were being given so it was clear that there was more freedom of media than before, but nevertheless current developments had posed serious threats to freedom of expression.

Continuing, he said it was clear that religious minorities suffered discrimination. Some student demonstrators had been sent to death and others to prison terms. Those trials seemed to have been conducted in secrecy. He said there was hope for the positive role of the Islamic Human Rights Commission. He hoped that Commission would become more active and would take a more independant position from the Government so that it could be the “primary watchdog on human rights”. He said he hoped he could visit Iran soon.

The representative of the Dominican Republic asked about petitions made for clemency for three people who were on death row.

The representative of Canada asked about death sentences and on the fate of the council of guardians.

MOHAMMED HASSAN FADAIFARD (Iran) asked for clarification on the methodology and means in by which judgments had been reached in the Special Representative’s report. He said the commitment to change of the Country’s president had been overlooked, and there was scepticism over his programme of reform.

On freedom of expression, he said, there were fewer numbers of newspapers which had been shut down. There had been only four. However, the Special Representative had not indicated that those who had been involved with those papers had been allowed to start a new newspaper immediately. The reason for closing down newspapers was a matter that pertained to his Government. In the last two years, the freedom of expression had greatly progressed. There was unfounded scepticism with regards to many of his Government’s policies and actions.

The Special Representative said a number of legislators and others had requested clemency. Details had to be looked at on a case-by-case basis. The imposition of death sentences had not changed. There was national frustration with the fact that the President had setbacks in his promised reforms. On the closing down of papers, it was dangerous to draw conclusions on quantitative matters. For example, one newspaper had closed down and reopened four times in six months. Peaceful demonstrations had generated some repressive measures by some groups. The issue of political dissidents had been part of Iran’s public agenda for some time, and this had not changed.

Mr. FADAIFARD said the situation of human rights worldwide needed to be guided by reform policies. There was a disinformation campaign in regard to the case of Jewish citizens. Members of the Jewish faith had lived in his country for thousands of years. They had been accused of espionage and had been arrested with those with other faiths. Their case had been exaggerated as a result of political motivation. Police officers had been relieved of their duties because of their actions related to student demonstrations. Also, criminal charges had been brought to them. A number of individuals had been arrested for burning houses and having committed other crimes. Those agitators had been arrested. One of the leaders of the group had received a sentence of imprisonment of 13 years. There was “transformation and transparency” in his current Government. Trials were open and Government accountability was present. In addition, the murder of intellectuals was being investigated.

LEONARDO FRANCO, the Special Rapporteur on the Situation of Human Rights in the Sudan, recalled the meetings he had held during his 1998 visit to the country. A mission had been sent to the Nuba mountains to assess humanitarian needs. Steps had been taken with regard to allegations of kidnappings. The High Commissioner for Human Rights had sent a needs assessment mission to explore the possibility of providing technical assistance, and perhaps establishing a possible permanent presence in the country.

Despite that progress, he said, the human rights situation continued to

be a problem. The civil war, even if low-level, was devastating the

population. Neither side respected human rights or humanitarian law. The

situation was attributed to the government and its subsidiary bodies.

Bombing, forced displacements, kidnappings, forced labor and the obstruction

of humanitarian aid all continued.

Further, he said, the human rights situation was worsening because of strategies implemented in relation to exploitation of oil resources. The government’s aim to establish a safe zone around the oil wells was leading to new risks for civilians. The human rights situation was of particular concern with regard to delivery of humanitarian assistance and it was even worse because the cease-fire agreements were legally weak. Sudan had the highest number of internally displaced people. The oil exploitation could add to the displaced.

He said the worst victims were women and children, who were kidnapped after armed raids. Allegations of slavery also continued. The government had created a mechanism to control the kidnappings but it was too soon to tell how effective that would be. Measures were aimed to be taken to curb legal impunity, but the improvement of human rights should not be put off until peace agreements were signed. On the contrary, any steps toward respecting human rights would lead to peace.

The new constitution contained a statement of human rights and basic freedoms, he acknowledged. That was a positive step. It was clouded, however, by restrictions on civil society, particularly on journalists, lawyers and civil rights workers. Many of those situations involved intimidation, especially of those living in the south. The state intelligence and security agencies should be reviewed, as they had broad powers. Prisons needed reform. The government needed to adopt legal, political and civil measures to protect human rights. International support would assist Sudan in doing that. The Memorandum of Understanding to establish the Office of the United Nations High Commissioner for Human rights as a permanent presence should be signed apace.

IBRAHIM AHMED (Sudan) said she did not agree with all the observations and suggestions in the report on her country, but she had noted with satisfaction that the highest importance had been attached to the Government’s stated will to bring about early peace to the country and to promote the transition to democracy. She said the major shortcoming of the report was the failure to note the firm commitments made by the government to bring about peace. The report did note achievements such as guaranteeing fundamental human rights and declaring a comprehensive cease-fire. But the report did not note that it was the Sudanese government and not the Sudanese Liberation Army that had committed itself to solving those issues.

The John Garang faction was responsible for continuing the armed conflict in the Sudan, she said. The liberation arms was solely responsible for violations relating to the conflict, such as displacements, abductions and mistreatment of women and children. The Government had taken practical measures to implement the provisions of the new Constitution, including that of the National Security Forces Act that had come into force in July.

She said it was unfortunate that the Special Rapporteur had referred to allegations of slavery without devoting any consideration to the question during his recent visit and despite the fact that those allegations had been discarded by credible international figures. As far as a United Nations Human Rights field presence was concerned, it was far less expensive and more effective to build national capacity in that regard. Hopefully, the needs assessment mission carried out by the High Commissioner for Human Rights in September would result in significant support to national capacities in the field of human rights.

The government was fully committed to promoting and protecting human rights, she said. She condemned in the strongest terms the politicization of human rights through the adoption of unilateral measures, she added.

The Special Rapporteur said the Government of the Sudan had clearly demonstrated its wish to cooperate. His report should not be seen as a negative tool, but an optimistic one. Also, ongoing reports on slavery were based on the work done during his mission. There were no new elements to deny what had been said in his report in on that subject to slavery. However, he hoped that the new mechanism created by the Government to eradicate the kidnapping of women and children could change the situation.

The representative of the United States asked how widespread was the issue of the enslavement of women and children. Also, how widespread was the persecution of Christians. He asked for information on the Government’s offences in the oil fields areas. Was there a campaign on ethnic cleansing?

The representative of Finland, also speaking for the European Union, inquired about the legislative measures taken by the Sudanese Government. He asked for information on the protection of children soldiers.

The representative of Libya said her Government had established a Libyan-Sudanese initiative in order to help bring peace in the Sudan. It was positive that oil had been found in the Sudan because it would help it economically. Also, Christians occupied important positions of power in that country. For example, a Christian was the Vice Chairman of the country. It was difficult to believe the allegations made with regard to religious intolerance.

The Special Rapporteur said reports on problems of kidnapping and slavery due to tribal-related issues and war strategy existed. That problem was serious and should be considered by the Government of the Sudan. Victims needed to be taken care of, family unification was imperative. Also, the necessary steps should be taken in order to prevent armed conflict. Those responsible for kidnappings should be taken to justice. The identification of problems could be an important step towards’ solving them. The attitude of the Government of the Sudan was too self-defensive. The government proposed the means to solve many of its problems. Judicial control must be imposed in emergency areas.

He said, the primary message of his report was that the international community could not be complacent about war. Many believed that the problem of human rights was logical and part of the agenda that followed the war. Such an attitude did not alleviate the problem. The discovery of oil in the Sudan was encouraging, but steps taken after the discovery, such as the displacement of peoples and ethnic cleansing, were unacceptable. Those actions were part of a military strategy in order to preserve control in the oil fields. The presence of the Office of the High Commissioner was important. That office would provide technical assistance in several areas of the country.

Transitional policies that had been taken by the Sudanese Government should provide for the civilian population, he said. Important work had been done by the International Red Cross (ICRC). It had provided training courses in human rights. Respect for cease fire was vital, he said. He noted that minors, under 18 years of age, were being recruited as soldiers. They were found in the streets and preferred to be enlisted in the army rather than being in vulnerable situations. The demobilization of child soldiers should be accompanied by projects and programmes by the United Nations, to reincorporate those minors into their respective communities. He appreciated the efforts by Libya to achieve a lasting peace in that area.

The representative of Cuba asked inquired about the health situation in the Sudan, and measures taken by that Government to solving related problems.

The representative of Iraq said oil exploration would worsen the conflict situation especially in the South. Should oil explorations be halted in order to stop the ongoing conflict in the Sudan?

The representative of China said the Government of the Sudan had made great efforts in the promotion and protection of human rights. He hoped the Office of Human Rights would assist that government. Oil exploration could greatly benefit that country.

Mr. EL-MUFTI Sudan said the situation of human rights in his country would continue to be a priority of his government. Slavery was not a national problem. Many persons had been invited to his country to check if there were any slavery cases and had found nothing. The practice did not exist. The Special Rapporteuer should visit his country to convince himself of that. One country kept bringing up the issue for its own historical reasons.

He said the Special Rapporteur had asserted that there was religious intolerance in the Sudan. That was not true. There was co-existence between Muslims and Christians in his country. On the question of oil, he said it was extraordinary that the Special Rapporteur had mentioned the matter in the way he did. Should oil exploration stop? It was encouraging to know that oil was not the only existing natural resource. However, the discovery of oil would help further develop the country and had nothing with war. As to the right to health, he said his Government had built a large factory in order provide the necessary resources. That factory had been bombed and destroyed.

The Special Rapporteur said he was not condemning the oil project but merely pointing out how it was adding to the human rights situation. He was certain cooperation with the government would continue. The question of allegations about slavery was difficult; the information did not come from a single country. The permanent presence of the Office of the High Commissioner for Human Rights would help with those issues.