IN HUMAN RIGHTS COMMISSION, FOREIGN MINISTER OF PERU EXPRESSES HOPE JAPAN WILL EXTRADITE FORMER PRESIDENT OF PERU FOR TRIAL

IN HUMAN RIGHTS COMMISSION, FOREIGN MINISTER OF PERU EXPRESSES HOPE JAPAN

WILL EXTRADITE FORMER PRESIDENT OF PERU FOR TRIAL

Special Rapporteurs on Situation of Human Rights

In Myanmar and Democratic Republic of Congo Present Reports

(Reissued as received.)

GENEVA, 26 March (UN Information Service) -- The Minister of Foreign Affairs of Peru told the Commission on Human Rights this afternoon that former President Alberto Fujimori was being pursued for his alleged responsibility for grave human rights violations by PeruvianState actors, including torture, disappearances and summary executions, which were crimes against humanity punishable under international law. 

Manuel Rodriguez Cuadros said the massive and systematic human rights violations committed in Peru during the term of office of President Fujimori had been recognized as crimes against humanity, crimes which all States had the obligation to try and punish any individual who was guilty of such acts and to cooperate in their detention, trial and punishment.

The Foreign Minister said it would not be legitimate if the alleged Japanese nationality of the former President was advanced as a reason to refuse his extradition from Japan.  The Government of Peru was asserting the right of the victims for access to justice, and guaranteed the former President’s right to a fair trial.  The Government of Peru would have recourse to the International Court of Justice on this topic.

In a right of reply, Japan said that concerning the status of Mr. Fujimori, the request had already been received bilaterally, and the matter was under careful consideration.

Also this afternoon, the Commission heard the Special Rapporteurs on the situation of human rights in Myanmar and the Democratic Republic of the Congo present their reports.

Paulo Sergio Pinheiro, the Special Rapporteur on the situation of human rights in Myanmar, said a number of fundamental human rights requirements must be fulfilled to initiate a genuine process of political transition in that country.  The most urgent requirements for fostering a genuinely free, transparent and inclusive process under the road map included lifting the remaining restrictions on freedoms of expression, movement, information, assembly and association; and allowing other political parties to open their offices.  He recognized the cooperation extended by the Government of Myanmar with his mandate, but noted that implementation of his recommendations had been limited.

Speaking as a concerned country, Myanmar said that in previous sessions, his country had commended the Special Rapporteur for the quality, balance and professionalism that generally characterized his reports to the Commission.  However, Myanmar had noticed some lapses and slips in his latest report.  The Rapporteur’s treatment of the 30 May incident in his report was out of proportion.  The incident, which could have been avoided, was unfortunate.  Had Daw Aung San Suu Kyi acted in good faith and cooperated with the authorities, the incident could have been avoided. 

Brazil, Canada, Switzerland, and Ireland, speaking on behalf of the European Union, participated in the inter-active dialogue on the report on Myanmar.

Iulia-Antoanella Motoc, the Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo, said the political progress made in the country in 2003 was remarkable.  However, the process still remained fragile and unfinished, particularly concerning disarmament, demobilizations, the reinsertion of the formed fighters, the effective restoration of the armed forces of the former Congolese belligerents, the setting up of a supreme council for defence and the establishment of an integrated national police, among other things. 

The Democratic Republic of the Congo, speaking as a concerned country, said the report of Ms. Motoc was more or less exact, and was globally positive and balanced.  His country had effectively progressed remarkably in several sensitive areas that either directly or indirectly impacted on the protection of human rights.  With regard to the mass violations of human rights referred to in the report, it was important to note that these had taken place mainly in territories where the authority of the State had not yet been totally re-established, and this was due to the presence of uncontrolled armed bands. 

Switzerland spoke in the inter-active dialogue that followed.

Centre Europe-Tiers Monde and Pen International spoke under the general debate on the question of the violation of human rights and fundamental freedoms in any part of the world.

Eritrea exercised a right of reply.

The Commission will reconvene at 10 a.m. on Monday 29 March, when it will continue its consideration of the question of the violation of human rights and fundamental freedoms in any part of the world.

Statement by Minister for Foreign Affairs of Peru

MANUEL RODRIGUEZ CUADROS, Minister of Foreign Affairs of Peru, said within the context of a particularly disturbing international setting, the work of the Commission was greatly appreciated.  Peru, thanks to a sense of national consensus, was campaigning for democratic consolidation, and to live up to its human rights commitments and the United Nations Charter.  Peru, in the last decade, had suffered from a grave period of violence resulting from terrorism.  The National Truth and Reconciliation Commission had done much work to identify those who had died as a result of terrorism and violence, a number amounting to some 69,280 persons.  Terrorism had been the main cause of death, but there had also been grave human rights violations by State actors, including torture, disappearances and summary executions.  These crimes against humanity were punishable by international law, and former President Alberto Fujimori was being pursued for his alleged responsibility for these events.  It was hoped he would be brought to trial soon.

The massive and systematic human rights violations committed in Peru during the term of office of President Fujimori had been recognized as crimes against humanity, crimes which all States had the obligation to try and punish any individual who was guilty of such acts and to cooperate in their detention, trial and punishment.  In democratic societies, the rule of law implied an obligation to ensure that justice was not denied, but applied and carried out effectively and justly.  When a State disregarded, impeded or denied access to justice, it was instituting impunity from a standpoint of international law, and public law.  Human rights and impunity were mutually exclusive entities.  Lessons of history showed that dictatorial and authoritarian regimes had sought various ways to prevent access to justice and to promote impunity for those who had violated human rights, particularly when this was done from the senior levels of Government or the top levels of State. 

International law, when confronted by such practices which were intended to deny access to justice and impunity, had a response which included a substantive legal development to the rule of law by providing four different channels for redress and trial.  The international law incumbent on States could and should be invoked as a supplementary guarantee in cases where there was seen to be a lack of will or an inability on the part of the judicial and other institutions of the nation to prosecute those responsible.  The responsibility was even greater when it was heads of State or Government who were pursued for crimes against humanity, for under international law they should be sought out, tried, judged, and punished if guilty.  The principle of extradition should be applied in order to ensure access to justice, in order to ensure that the guilty were tried in the country of their crime.

The Government of Peru and the Government of Japan had both ratified the Convention against Torture, and one of the accusations against former President Fujimori was precisely the infliction of pain and suffering as included in the Convention.  It would not be legitimate if the alleged Japanese nationality of the former President was advanced as a reason to refuse his extradition from Japan.  The Government of Peru was asserting the right of the victims for access to justice, and guaranteed the former President’s right to a fair trial.  The Government of Peru would have recourse to the International Court of Justice on this topic. 

Documents on Human Rights Violations around World

As the Commission continues its consideration of the question of the violation of human rights and fundamental freedoms in any part of the world, it has before it the report of Special Rapporteur Paulo Sergio Pinheiro on the situation of human rights in Myanmar (E/CN.4/2004/33), which is based upon the findings of his fifth fact-finding mission to Myanmar, undertaken in November 2003, and information received by him up to 17 December 2003.  The report highlights civil and political rights in regard of the process of political transformation and democratization given new developments in the promotion and protection of those rights during the reporting period.  In order to reverse the regression that had occurred since the events of 30 May 2003, all persons detained or under house arrest since that date should be immediately and unconditionally released.  The surviving victims and families of those killed must receive compensation and the offices of the National League for Democracy (NLD) must be reopened immediately.  Moreover, there should be a full and independent inquiry, with international cooperation, into that incident.

The announcement by the new Prime Minister of a seven-point road map for the transition to democracy was taken by some members of the international community as a positive sign, notes the report.  However, the Special Rapporteur also notes that the membership of those bodies charged with preparing for the reconvening of the National Convention did not include any members of the NLD or any other political party or representatives of ethnic nationalities.  In response to specific questioning regarding NLD participation in the National Convention, the Special Rapporteur was informed that the NLD was expected to take part on an equal footing with other political parties.  In the view of the Special Rapporteur, the implementation of the road map must be accomplished by real and tangible changes on the ground toward a genuinely free, transparent and inclusive process involving all political parties, ethnic nationalities and members of civil society.

The most urgent requirements today concerned lifting all remaining restrictions on the freedoms of expression, movement, information, assembly and association; the repeal of the “security” legislation; and the opening and reopening of all political parties’ offices throughout the country.  While the recent release of political prisoners was welcome, the immediate and unconditional release of all political prisoners was still necessary.  Finally, issues including the recruitment of child soldiers, serious human right violations in ethnic minority areas and the trafficking in and exploitation of women and girls remained of concern.

Also before the Commission is the report of Special Rapporteur Iulia-Antoanella Motoc on the situation of human rights in the Democratic Republic of the Congo (E/CN.4/2004/34), which covers two visits made by the Special Rapporteur to the country, the first from 26 August to 6 September 2003, and the second from 29 November to 10 December 2003.  The Special Rapporteur was favourably impressed with the remarkable progress evinced in the political arena during 2003, however, that process remains fragile.  There had been delays in the elaboration, examination and adoption of important legislative texts central to the process of transition and the holding of free, transparent and democratic elections. 

The report also notes the Special Rapporteur’s concern in regard of institutions charged with the promotion of human rights; 2003 had been marked by massive violations of human rights although after the December 2003 intervention by the International Emergency Multilateral Forces and the reinforcement of MONUC’s mandate, the level of violations has been substantially reduced.  The issues of impunity and reconciliation remain the most important confronting Congolese society.  A just solution to these problems could lead to a sustainable peace in the Democratic Republic of the Congo.

Yet, notes the report, the insecurity of the civilian population constitutes an obstacle to the realization of human rights in the country.  The Congolese people have suffered greatly during the years of conflict.  Entire populations now find themselves in very vulnerable situations and the country faces a dramatic humanitarian crisis.  It is absolutely necessary to undertake a process of reparations to the victims.  One of the primary paradoxes of this rich country is the endemic poverty of its population.  In conclusion, the Special Rapporteur demands that all parties to the conflict end their respective military activities and respect their obligations under the transitional constitution.

Report by Special Rapporteur on Myanmar

PAULO SERGIO PINHEIRO, Special Rapporteur on the situation of human rights in Myanmar, said that he had reported on the violations of human rights committed in Myanmar on 30 May 2003, noting that this had constituted a setback for the overall human rights situation in the country.  To reverse that trend, all those detained or put under house arrest since that date should be released and compensation for the surviving victims and the families of those who had lost their lives should be paid.  The office of the National League for Democracy (NLD) should also be reopened.  According to Government figures, 151 of 153 people arrested in connection with the incident had been released to date; however, other sources put the number of those arrested at over 250.  All those who remained in detention should be freed, in particular, Aung San Suu Kyi and the three members of the NLD Central Executive Committee.

Noting the announcement of a road map for political transition, he said he had been given to understand that the starting point of the National Convention would be the 104 Principles and that all political parties, including the NLD, would be allowed to participate equally in the Convention, he said.  However, while the Government had reconstituted the three bodies charged with preparing the reconvening of the Convention, their membership did not include any members of the NLD or any other political party or representatives of ethnic nationalities.  A number of fundamental human rights requirements must be fulfilled to initiate a genuine process of political transition, including that delegates should be freely chosen and should represent the full range of political parties and ethnic minority groups, proportionally reflecting the results of the 1990 elections.  Political parties should not be deregistered or otherwise disqualified, nor should they be expelled from the Convention for what they advocated peacefully. 

The Special Rapporteur noted that the most urgent requirements for fostering a genuinely free, transparent and inclusive process under the road map included lifting the remaining restriction on freedoms of expression, movement, information, assembly and association; the repeal of the related “security” legislation; the reopening of the NLD offices; and allowing other political parties to open their offices.  Continuing allegations of human rights violations in ethnic minority areas also remained a source of concern.  However, the positive cooperation between Government authorities and the International Committee of the Red Cross in ethnic minority areas were welcomed, as was the recent decision to grant access to the Office of the High Commissioner for Human Rights to border areas in the eastern part of the country.

In conclusion, Mr. Pinheiro recognized the cooperation extended by the Government of Myanmar to his mandate, but said it must also be acknowledged that implementation of his recommendations had been limited.  He could not continue indefinitely to request the immediate and unconditional release of all political prisoners; an immediate, general amnesty for political prisoners remained the best means of building national reconciliation.  And while improving the human rights situation in Myanmar would be a gradual process and transitioning from a long military regime to a democratic one was a difficult and painful process, he warned that a political transition towards democracy that did not respect human rights risked failure.

U MYA THAN (Myanmar), speaking as a concerned country, said that at the previous sessions of the Commission, he had commended the Special Rapporteur on the human rights situation in Myanmar for the quality, balance and professionalism that generally characterized his reports to the Commission.  He hoped that the Special Rapporteur would be able to maintain the high standards of his previous reports to the Commission.  However, Myanmar had noticed some lapses and slips in the Rapporteur’s regular report contained in E/CN.4/2004/33.  The Rapporteur had highlighted a number of very important positive developments in his oral presentation.  He had welcomed the positive cooperation of the Myanmar authorities with the International Committee of the Red Cross.  He had observed that among other related developments, the most notable was the resumption of peace talks between the Government and the largest armed opposition group, the Karen National Union.  Since the Rapporteur's appointment to his mandate, around 460 common prisoners had been released on humanitarian grounds, mostly pregnant women or mothers with young children.  About 700 more prisoners had also been released. 

The Rapporteur's treatment of the 30 May incident in his regular report was out of proportion.  The incident, which could have been avoided, was unfortunate.  Had Daw Aung San Suu Kyi acted in good faith and cooperated with the authorities, the incident could have been avoided.  The incident had been played up and exaggerated by some quarters and allegations from other Western sources were incorrect and inaccurate.  Some sources had alleged that Daw Aung Suu Kyi had gone on a hunger strike.  The authorities had clarified that the allegation was unfounded.  The speaker hoped that the positive developments of the Rapporteur would be adequately reflected in the draft resolution on his country this year.  

Interactive Dialogue

CARLOS ANTONIO DA ROCHA PARANHOS (Brazil) said his country attached the greatest importance to the mechanisms of the Commission, and among them the significant role played by Special Rapporteurs in promoting, defending and protecting human rights.  Brazil had extended an open invitation to all Special Rapporteurs to visit the country in 2001, and had last year received two Special Rapporteurs and one Independent Expert.  Moreover, Brazil did not agree with politicization and selectivity in the field of human rights and found that the work of the Special Rapporteurs contributed to a more creative and effective approach to the enhancement of human rights on a universal scale.  Fairness, objectivity, openness to cooperation, gradualism and non-selective approaches were of the utmost importance and they had been demonstrated in the report presented today.  In discharging his mandate, the Special Rapporteur had clearly reaffirmed the interdependence of all human rights.  His call for more countries to welcome visits of Special Rapporteurs was reiterated.

BRAD BECHARD(Canada) asked the Special Rapporteur to clarify the status of his independent investigation into allegations of rape by the military in ShanState, as well as the response from the State Peace and Development Council (SPDC) to his proposal to initiate an independent investigation into the 30 May 2003 incident at Depayin.  Furthermore, concerning the National Convention, the Special Rapporteur was asked if there was sufficient commitment on the part of the SPDC and National Convention committees to allow for meaningful participation in the process of drafting a new Constitution.

JEAN-DANIEL VIGNY (Switzerland) noted that the Special Rapporteur had cited the need for a link between human rights and the road map in his report and asked how he believed this could be affected in practice.  On a second point, regarding the proposed modalities for an independent mission to the Shan region to investigate allegations of rape by the military, did the Special Rapporteur anticipate undertaking a different approach if the Government of Myanmar did not agree to his proposal soon?

ALAN GIBBONS(Ireland), speaking on behalf of the European Union, asked whether the Special Rapporteur believed it would be helpful to provide the State Peace and Development Council (SPDC)  with language on human rights during the process of drafting a new Constitution.  He also asked for the Special Rapporteur’s opinion on what could be additionally done to secure the release of elderly prisoners.

PAULO SERGIO PINHEIRO, Special Rapporteur on the situation of human rights in Myanmar, responding, said he thanked the very generous characterization by the delegate of Myanmar who had called him a wise man.  With regard to the questions: for the two assessments on the allegations of sexual violence in Shan state, the Myanmar authorities had not yet answered his propositions, although he had offered detailed modalities.  The discussion on this topic continued.  He had mentioned to the Government of Myanmar that there were different and more difficult options on the international level of investigation, but he thought the best work would be if the friends of Myanmar would explain that it would be more helpful to have the investigations in the framework of his work. 

With regard to the National Convention and the Road Map steps, he did not think it was useful to do psychological interpretations as to the thoughts of Government officials.  He took it as granted that the Government was committed to the political transition, and that the Prime Minister would try to implement the Road Map.  With regard to the question of Switzerland on the need for human rights elements in the Road Map, the role of the Special Rapporteur was not to provide a human rights plan for the Myanmar authorities, and he could only remind the Government of basic requirements as to these, and that success would depend on these elements.  Finally, regarding conditions of detention, the situation had not been aggravated since the visit of the International Committee of the Red Cross. 

Presentation of Report of Special Rapporteur on Democratic Republic of Congo

IULIA-ANTOANELLA MOTOC, Special Rapporteur on the human rights situation in the Democratic Republic of the Congo, after highlighting her series of missions that took her to different parts of the country, said that the political progress in 2003 made in the country was remarkable.  Following the signing of the final act of inter-Congolese dialogue on 2 April 2003, a Constitution of transition had been adopted on 4 April 2003.  A memorandum over the Constitution of an integrated army had been the last important step before the formation of a Government of transition on 30 June 2004.  According to the timetable set during the dialogue, elections would take place in two years time.  The efforts made on the political level were impressive.  However, the process still remained fragile and unfinished, particularly concerning disarmament, demobilization, the reinsertion of the former fighters, the effective restoration of the armed forces of the former Congolese belligerents, the setting up of a supreme council for defence and the establishment of an integrated national police, among other things. 

In the year 2003, the country had been marked by massive violations of human rights.  In her report to the General Assembly (A/58/534), she had described those violations as international crimes.  The security in Bunia had been restored in most areas, thanks to actions of the International Multilateral Emergency Forces led by France.  The renewal of the mandate of the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC) and its intervention had allowed peace and security to prevail in Ituri.  During September-December 2003, the massive human rights violations had been sensibly reduced.  She condemned that attacks had been perpetrated against the members of MONUC since January 2003 and she was concerned by the propaganda against MONUC.  She paid tribute to the activities of MONUC in the Congo, which had played a fundamental role in the peace progress achieved in the country recently.

The Special Rapporteur was concerned by the kind of law adopted on the set up of the National Observatory on Human Rights, which would have been created in accordance with the Paris Principles.  The draft law had been adopted by the National Assembly, which had amended the sections of the text that would have recognized the impartiality and independence of the members of the commission.   Impunity and reconciliation were among the important questions which the Congolese society were confronted with.  A just solution to those issues could bring a durable peace to the country.  At the national level, the process of reconciliation had encountered difficulties with regard to the adoption of a draft law on the establishment of truth and reconciliation commission.  The laws were adopted without consulting civil society and they did not fulfil the conditions concerning independence, equity and transparency.  

SEBASTIEN MUTOMB MUJING (Democratic Republic of the Congo) said the report of Ms. Motoc was more or less exact, and was globally positive and balanced.  The Democratic Republic of the Congo had progressed effectively and remarkably in several sensitive areas that either directly or indirectly impacted on the protection of human rights.  With regard to the process of Disarmament, Demobilisation, Repatriation, Reinstallation and Reintegration, the Transitional Government had done all it could to fulfil these points, and hoped for aid from the international community to speed up the process.  With regard to the mass violations of human rights noted in the report, it was important to note that these had taken place mainly in territories where the authority of the State had not yet been totally re-established, and this was due to the presence of uncontrolled armed bands. 

The Government of the Democratic Republic of the Congo was aware that after years of war, a true reconciliation necessarily passed through reparative justice for the victims, and all the population of the country had placed its hopes in the efficient functioning of the Truth and Reconciliation Commission.  With regards to the fight against impunity, the proposal of the Special Rapporteur was upheld and welcomed.  The need for an independent judicial system was an indispensable condition for the respect of human rights.  He concluded by saying that the peace process in the Democratic Republic of the Congo was irreversible, and invited the international community to accompany the efforts of the Government to consolidate this process in order to be able to hold free, democratic and transparent elections in June 2005, for thus, with peace restored and a State of law re-established, the people of the Democratic Republic of the Congo could at last enjoy all their fundamental rights. 

Interactive Dialogue

JEAN-DANIEL VIGNY (Switzerland) said that with regard to the conviction of the Special Rapporteur that there was a need for a mechanism for an effective recourse for justice, what form should such a mechanism take in order to fulfil its role.

IULIA-ANTOANELLA MOTOC, Special Rapporteur on the human rights situation in the Democratic Republic of the Congo, responding to the question posed by the Representative of Switzerland, said that the question of impunity had greatly concerned her from the beginning of her mandate.  There must be justice for the victims’ families.  A proposed mission for three Special Rapporteurs to go to the country to investigate what kind of a mechanism would best redress the issue had been unable to take place in 2001 due to financial limitations.  In her opinion, a joint tribunal with the Congolese authorities and the United Nations would be appropriate and would allow for the participation of the international community in the process.

General Debate on Violation of Human Rights World

MALIK OZDEN, of Europe-Third World Centre, said that serious violations of human rights persisted throughout the world, evidencing by the worrying trend that such violations were becoming almost routine.  The United States bore a particular responsibility for this trend, given its dominant position in the world, especially in regard of activities after the 11 September 2001 attacks and concerning the treatment of detainees held at GuantanamoBay, as well as in Iraq.  That behaviour had been “copied” by other States.  Members of the European Union had demonstrated a security drift placing ever-greater restrictions on immigrants, which had also led to an upsurge in racism and xenophobia.  Yet, with regard to human rights, no State or individual should be above the law, especially as it was through respect for human rights that peace would be achieved.

FAUZIA ASSAAD, of International PEN, International, said around the world today over 200 writers and journalists were in prison, for the only crime of having made known their opinions through their writings and speeches, or to have been affiliated with others whose views were in conflict with those in power.  These detentions, many in countries which were currently members of the Commission, were in direct violation of the Universal Declaration on Human Rights.  The most notable were China, Cuba and Eritrea, all of whom had sizeable numbers of writers and journalists in their prisons.  These Member States should review their policy of imprisoning those who expressed views that did not comply with the authorities.

Right of Reply

AMARE TEKLE (Eritrea), speaking in right of reply in reference to the statement made by PEN International, said that the speaker had deliberately exaggerated the detention of journalists in his country, who were imprisoned for failing to fulfil their national military services obligation. The journalists did not present themselves at their duty places to fulfil their national services.  In Eritrea, national services were mandatory to all without distinction.

SHIGERU ENDO (Japan), speaking in right of reply, said that with regards to the point raised by the Foreign Minister of Peru concerning the status of Mr. Fujimori, the request had already been received bilaterally, and the matter was under careful consideration.

CORRIGENDA

In press release HR/CN/04/22 of 25 March 2004, the right of reply by Cyprus on page 14 should read as follows:

HELENA MINA (Cyprus) said that she wished to exercise the right of reply in reference to the statement of Pakistan on behalf of the Organization of the Islamic Conference.  She wished to recall the relevant United Nations resolutions that, among other aspects, condemned all secessionist acts and declared the so-called “TurkishRepublic of Cyprus” legally in valid and called on all States not to recognize or assist the purported State.

In press release HR/CN/04/23 of 25 March, the right of reply by Turkey on page 11 should read as follows:

TURKEKUL KURTTEKIN (Turkey), speaking in a right of reply in response to statements by Greece and the Greek Cypriot Representative, said that it should be noted that the Republic of Cyprus had originally been established as a partnership between two peoples.  This partnershipRepublic, based on the political equality of the two peoples, had been destroyed and taken over by force of arms by one of the partners in 1963.  The Turkish Cypriot people, exercising their right to self-determination, had founded the TurkishRepublic of Northern Cyprus, which Turkey’s Government had recognized.  The negotiations of the Secretary-General for a lasting settlement of the Cyprus issue were based on the equality of two co-founder States.  Turkey hoped that the talks would continue positively.  In response to the statement by the Greek Cypriot Representative in the afternoon, Turkish wished to point out that it was undesirable to put blame on the Turkish Cypriot side as had been done before.

Also in press release HR/CN/04/23 of 25 March, the Representative of the Congo on page 2 was misidentified.  The correct name of the speaker is ROGER JULIEN MENGA.

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