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25 April 2000
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Commission on Human Rights
56th session
25 April 2000
Afternoon
Also Approves Measures on Minorites, Internally Displaced Persons,
Female Migrant Workers, Mass Exoduses and Indigenous Peoples
The Commission on Human Rights called this afternoon for all parties to the conflict in Chechnya to end immediately the use of force and to begin without delay the holding of a political dialogue and effective negotiations with the aim of achieving a peaceful solution to the crisis which fully respected the territorial integrity and Constitution of the Russian Federation.
The resolution, adopted by a roll-call vote of 25 in favour and 7 opposed, with 19 abstentions, supported requests made by the High Commissioner for Human Rights, the Secretary-General of the Council of Europe and the Chairman-in-Office of the Organization for Security and Cooperation in Europe for international involvement in the situation in Chechnya, and urged the Government of the Russian Federation to agree to the requests of those organizations to deploy staff in line with their mandates.
The Commission also called upon the Government of the Russian Federation to establish urgently, according to recognized international standards, a national, broad-based and independent commission of inquiry to investigate promptly alleged violations of human rights and breaches of international humanitarian law committed in Chechnya in order to establish the truth and identify those responsible with a view to bringing them to justice and preventing impunity. And it urged the Russian Government to cooperate with the special mechanisms of the Commission and in particular to give favourable consideration to requests already presented to undertake visits to the region as a matter of priority.
A representative of the Russian Federation said the resolution gave a false picture of human-rights situation in Chechnya and ignored the impact of terrorism on Russia and other countries; said a national commission was already investigating alleged human-rights violations; and charged that the authors of the resolution, which was tabled by Portugal on behalf of the European Union, had chosen to make unfounded accusations against Russia, using double standards such as allegations of disproportionate use of force. The Russian delegation questioned the moral right of the authors make that allegation, contending that many of them just a year ago had carried out or supported the bombing of Federal Republic of the Yugoslavia, thus engaging themselves in disproportionate use of force.
The Commission also adopted a Chairman's statement on the situation in East Timor and consensus resolutions on the rights of minorities; internally displaced persons; violence against female migrant workers; mass exoduses; and indigenous peoples.
In the Chairman’s statement on East Timor, the Commission welcomed the general progress made and some concrete steps already taken by the Indonesian Government to investigate fully violations of human rights and international humanitarian law in East Timor and to bring those responsible to justice, and welcomed the willingness of the Government of Indonesia to inform the Commission on further developments.
The Commission also urged a rapid solution of the East Timorese refugee problem in West Timor, taking note of the decision by the Government of Indonesia to set a deadline and to take all necessary measures for the refugees to express freely their choice to return or remain in West Timor. The Commission noted positive steps taken by the Government of Indonesia to enhance security and safety in refugee camps.
In its resolution on the rights of persons belonging to national or ethnic, religious and linguistic minorities, the Commission reaffirmed the obligation of States to ensure that persons belonging to such minorities might exercise fully and effectively all human rights and fundamental freedoms without any discrimination and in full equality before the law.
Concerning the rights of internally displaced persons, the Commission expressed appreciation to the Representative of the Secretary-General on the situation of the internally displaced for his activities undertaken so far, despite limited resources, and for the catalytic role he continued to play in raising awareness about the plight of internally displaced persons.
On the subject of violence against female migrant workers, the Commission called upon concerned Governments, particularly those of countries of origin and destination, if they had not done so, to put in place penal sanctions to punish perpetrators of violence against women migrant workers and, to the extent possible, to provide victims of violence with a full range of immediate assistance.
In its resolution on human rights and mass exoduses, the Commission called upon States to promote human rights and fundamental freedoms and to refrain from denying rights to individuals because of nationality, ethnicity, race, gender, age, religion or language and thus to make a substantial contribution to addressing human-rights situations that led to mass exoduses and displacements.
A resolution was also adopted which approved a request from the Subcommission on the Promotion and Protection of Human Rights to the Secretary-General to transmit as soon as possible the second progress report on working paper on indigenous people and their relationship to land to Governments, indigenous people and intergovernmental and non-governmental organizations for their comments, data and suggestions.
In a resolution on the Subcommission’s Working Group on indigenous populations, the Commission urged the Working Group to continue its comprehensive review of developments and of the diverse situations and aspirations of the world’s indigenous people, and welcomed its proposal to highlight specific themes of the International Decade of the World’s Indigenous People at its future sessions.
Concerning the Working Group of the Commission on Human Rights to elaborate a draft declaration on the rights of indigenous peoples, the Commission recommended that the group meet for 10 working days prior to the fifty-seventh session of the Commission.
The Commission will reconvene at 10 a.m. Wednesday, 26 April, to continue consideration of draft resolutions.
Chairman’s statement on East Timor
SHAMBHU RAM SIMKHADA, Chairperson of the Commission on Human Rights, said the Commission took note of the report of the joint mission of Special Rapporteurs of the Commission of Human Rights to East Timor (A/54/660) and the report of the International Commission of Inquiry (A/54/726) and also took note of the need to complete the systematic investigations of violations of fundamental human rights and international humanitarian law perpetrated in East Timor. The Commission also took note of the report of the Indonesian Commission of Inquiry and the cooperation established with the International Commission of Inquiry. The Commission welcomed the general progress made and some concrete steps already taken by the Indonesian Government to investigate fully violations of human rights and international humanitarian law and to bring those responsible to justice, and welcomed the willingness of the Government of Indonesia to inform the Commission on further developments. The Commission fully supported the Secretary-General's intention to strengthen the capacity of the United Nations Transitional Administration in East Timor (UNTAET), in accordance with the latter's mandate, to conduct forensic investigations and to provide assistance to ongoing procedures.
The Commission took note of the agreement between UNTAET and the Indonesian authorities to exchange information relevant to investigations, prosecutions and trials and welcomed the signature by the Government of Indonesia and UNTAET of a Memorandum of Understanding envisaging mutual cooperation in legal, judicial and human rights related matters, with the aim to promote reconciliation and to ensure future social and political stability. The Commission urged a rapid solution of the East Timorese refugees problem in West Timor. The Commission took note of the decision by the Government of Indonesia to set a deadline and to take all necessary measures for the refugees to express freely their choice. The Commission noted the positive steps taken by the Government of Indonesia to enhance the security and the safety in refugee camps. In this regard, the Commission welcomed the agreements between the Indonesian authorities and UNTAET of 22 November 1999 and 13 January 2000, for creating a secure environment for the voluntary repatriation of refugees. However, the Commission remained concerned at various obstacles, including intimidation and misinformation by remaining militias in refugee camps, which hampered the safe and voluntary return of refugees to East Timor. The Commission asked the Government of Indonesia and the international community to continue to provide relief assistance to the refugees.
SUSANTO SUTOYO (Indonesia) said the exchange of ideas and compromise was the best way to proceed to enhance human rights; on those lines the delegation of Indonesia and the delegation of Portugal and other representatives of the European Union had found areas to work on the issue of East Timor. Indonesia was grateful for this cooperation.
Indonesia believed that all internal remedies must first be used to investigate alleged human-rights abuses in East Timor, and hence had undertaken a wide-ranging investigation. The subsequent report had been comprehensive, accessible and honest, and had been widely recognized and acclaimed. The report had been followed up by the Attorney-General, who had recently appointed a strong, 50-member investigating team, which included members of NGOs. The Government of its own initiative was actively seeking technical cooperation and advisory services from the Office of the High Commissioner for Human Rights to improve the process. Efforts were being made to safely repatriate refugees from West Timor back to East Timor. The Chairman's statement recognized the general progress achieved and recognized that Indonesia was on the path of resolving the problems related to East Timor. Indonesia was confident that the process would both satisfy the requirements of the international community and respect national sovereignty.
ALVARO MENDONCA E MOURA (Portugal) said, speaking on behalf of the European Union, that the EU was pleased with the Chairman's statement on East Timor and welcomed the results in East Timor and the good spirits of the negotiations. The commitment shown by the Indonesian Government was commended in bringing to justice those responsible for crimes and the setting up of a Special Human Rights Court. The European Union was eagerly anticipating good results.
MICHEAL DENNIS (the United States) said the US applauded the Chairman's statement on East Timor and congratulated everyone involved. Credible investigation of all alleged human-rights violations in East Timor and resolution of the humanitarian crisis there was vital to truly dealing with the situation. The US sincerely hoped that at the next session of the Commission, it would be able to note further progress by Indonesia in bringing those responsible for human-rights violations in East Timor to justice.
Action on draft resolutions
In a resolution on the rights of persons belonging to national or ethnic, religious and linguistic minorities (E/CN.4/2000/L70), approved without a vote, the Commission reaffirmed the obligation of States to ensure that persons belonging to national or ethnic, religious and linguistic minorities might exercise fully and effectively all human rights and fundamental freedoms without any discrimination and in full equality before the law; urged States and the international community to promote and protect the rights of persons belonging to national or ethnic, religious and linguistic minorities, and to take all the necessary constitutional, legislative, administrative and other measures to promote and give effect to the Declaration; recommended that the human rights treaty bodies, when considering reports submitted by States parties, give particular attention to the implementation of articles relating to the rights of persons belonging to national or ethnic, religious and linguistic minorities; called upon Special Representatives, Special Rapporteurs and Working Groups of the Commission to continue to give attention, within their respective mandates, to situations involving minorities; and requested the Working Group within its mandate, to contribute to, and participate in, the preparations for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and to intensify its activities in this regard.
In a resolution on internally displaced persons (E/CN.4/2000/L.72), adopted without a vote, the Commission expressed its appreciation to the Representative of the Secretary-General for his activities undertaken so far, despite the limited resources available to him, and for the catalytic role he continued to play to raise the level of consciousness about the plight of internally displaced persons; also expressed its appreciation to those Governments and intergovernmental and non-governmental organizations which had provided assistance and protection to internally displaced persons and had supported the work of the Representative of the Secretary-General; and encouraged the Representative of the Secretary-General through continuous dialogue with Governments and all intergovernmental and non-governmental organizations concerned to continue his analysis and ways to strengthen protection, assistance and solutions for the internally displaced, taking into account specific situations.
It welcomed the fact that the Representative of the Secretary-General had made use of the Guiding Principles on Internal Displacement in his dialogue with Governments and inter-governmental and non-government organizations, and requested him to continue his efforts in that regard; called upon all Governments to facilitate the activities of the Representative of the Secretary-General, in particular those Governments concerned with situations of internal displacement which had not yet extended invitations or responded positively to requests for information from the Representative; also welcomed the initiatives undertaken by regional organizations, such as the Organization of African Unity, the Organization of American States and the Organization for Security and Cooperation in Europe, to address the assistance, protection and development needs of internally displaced persons and encouraged them and other regional organizations to strength their activities and their cooperation with the Representative of the Secretary-General; called upon the United Nations High Commissioner for Human Rights to develop projects, in cooperation with Governments, relevant international organizations and persons, as part of the programme of advisory services and technical cooperation, and to include in her report to the Commission information on their implementation.
SHARAT SABHARWAL (India) said that it was conscious of the need to address the question of internally displaced persons. The primary duty of protecting and assisting internally displaced persons lay with the State. Situations where internally displaced persons suffered from lack of legal protection occurred when the State had collapsed or when there was lack of political will. Domestic law should ensure the protection of internally displaced persons. International principles were not legally binding and international action remained subject to national sovereignty. It was in this spirit that India voted in favour of the draft resolution.
In a resolution on violence against women migrant workers (E/CN.4/2000/L.73), adopted without vote, the Commission called upon concerned Governments, particularly those of countries of origin and destination, if they had not done so, to put in place penal sanctions to punish perpetrators of violence against women migrant workers and, to the extent possible, to provide the victims of violence with the full range of immediate assistance, such as counselling, legal and consular assistance, temporary shelters and other measures that would allow them to be present during the judicial process, to safeguard their dignified return to the country of origin as well as to establish reintegration and rehabilitation schemes for returning women migrant workers; invited the States concerned, specifically countries of origin and destination, to consider adopting appropriate legal measures against intermediaries who deliberately encouraged the clandestine movement of workers and women migrant workers in violation of their human dignity; encouraged States to consider signing and ratifying or acceding to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, as well as the Slavery Convention of 1926; requested the Secretary-General to submit to the Commission on Human Rights at its fifty-eighth session a comprehensive follow-up report on the problem of violence against women migrant workers.
In a resolution on human rights and mass exoduses (E/CN.4/2000/L.74), adopted by consensus, the Commission called upon States to promote human rights and fundamental freedoms and to refrain from denying those to individuals in their population because of nationality, ethnicity, race, gender, age, religion or language and thus to make a substantial contribution to addressing human-rights situations that led to mass exoduses and displacements; reaffirmed the need for all Governments, inter-governmental bodies and concerned international organizations to intensify their cooperation and assistance in worldwide efforts to address human rights situations that led to, as well as the serious problems that resulted from, mass exoduses of refugees and displaced persons.
It emphasized the responsibility of all States and international organizations to cooperate with those countries, particularly developing countries, affected by mass exoduses of refugees and displaced persons, and called upon Governments, the United Nations High Commissioner for Human Rights, the United Nations High Commissioner for Refugees, other relevant parts of the United Nations system and other humanitarian organizations to continue to respond to assistance needs of countries hosting large number of refugees and displaced persons until durable solutions were found. It recognized that women and children constituted the majority of most refugee and displaced populations and that, in addition to the problems they shared with all refugees and displaced persons, women and girls in such circumstances were vulnerable to persecution, gender-based discrimination and gender-specific violations of human rights; called upon States to protect and promote and respect the human rights of all refugees and displaced
persons, in particular refugee and displaced women and children, to ensure that their particular needs were met and to ensure that women were full and equal participants in the planning, design, implementation, monitoring and evaluation of all projects and programmes.
In a resolution on the study on indigenous land rights (E/CN.4/2000/L.65), adopted without a vote, the Commission, taking note of resolution 1999/21 of 26 August 1999 of the Subcommission on the Promotion and Protection of Human Rights and decisions 1997/114 of 11 April 1997 and 1999/106 of 27 April 1999 of the Commission and of the Subcommission by the Special Rapporteur of a second progress report rather than a final report to the Subcommission as requested therein, decided to approve the Subcommission's request to the Secretary-General to transmit as soon as possible the second progress report on the working paper on indigenous people and their relationship to land (E/CN.4/Sub.2/1999/18) to Governments, indigenous people and intergovernmental and non-governmental organizations for their comments, data and suggestions, and requested the Secretary-General to provide, from within existing resources, the Special Rapporteur with all the assistance necessary to enable her to submit her final working paper to the Working Group on indigenous populations at its eighteenth session and to the Subcommission at its fifty-second session.
Concerning a resolution on the Working Group on Indigenous Populations of the Subcommission on the Promotion and Protection of Human Rights and the International Decade of the World’s Indigenous People (E/CN.4/2000/L.66), adopted by consensus, the Commission urged the Working Group on indigenous populations of the Subcommission on the Promotion and Protection of Human Rights to continue its comprehensive review of developments and of the diverse situations and aspirations of the world’s indigenous people, and welcomed its proposal to highlight specific themes of the International Decade of the World’s Indigenous People at its future sessions; again invited the Working Group to take into account in its deliberations on developments pertaining to the promotion and protection of the human rights of indigenous people; the work, with the framework of their respective mandates, of all thematic Special Rapporteurs, Special Representatives, Independent Experts, Working Groups and expert seminars as it pertained to the situation of indigenous people; and recommended that the Economic and Social Council authorize the Working Group to meet for five working days prior to the fifty-second session of the Subcommission.
With regard to the International Decade of the World’s Indigenous People, the Commission invited the Working Group on indigenous populations to continue its review of activities undertaken during the Decade, encouraged Governments and intergovernmental and non-governmental organizations to provide information on the implementation of the goals of the Decade, welcomed the affirmation by the General Assembly that a major objective of the Decade was the adoption of a declaration on the rights of indigenous people and its recognition that among the important objectives of the Decade was the consideration of the establishment of a permanent forum for indigenous people in the United Nations system; emphasized the important role of international cooperation in promoting the goals and activities of the Decade and the rights, well-being and sustainable development of indigenous people; appealed to all Governments, organizations and individuals in a position to do so to support the Decade by contributing to the Voluntary Fund for the International Decade of the World’s Indigenous People; further appealed to intergovernmental and non-governmental organizations to support the Decade by identifying resources for activities designed to implement the goals of the Decade, in cooperation with indigenous people; and requested the High Commissioner for Human Rights to ensure that the indigenous people’s unit in her Office was adequately staffed and resourced to enable the activities of the Decade to be effectively implemented.
After considering L.68, on the establishment of a Permanent Forum on indigenous issues, the Commission decided to take action tomorrow afternoon.
MIGUEL ALFONSO (Cuba) said that the creation of a Permanent Forum for indigenous people would present a number of problems. The Forum would be made of 16 members, 8 appointed by Governments and 8 representatives of indigenous peoples. Cuba wondered what criteria would be applied in the case of the appointment of Government representatives and how indigenous people would be able to agree on 8 names, given the diversity of views on indigenous matters and the number of nations with indigenous populations. Further, the Forum would entail the dismantling of the Working Group on indigenous populations which had kept productive dialogue with indigenous peoples for many years.
C. E. MBONU (Nigeria) said his country had several problems with the draft resolution. What would happen to the Working Group of the Subcommission? Would it just die? How could one know? And how would one agree on the 16 members? Would the indigenous peoples have a role in picking the 16 indigenous members of the forum?
NUGROHO WISNUMURTI (Indonesia), speaking on behalf of the Asian Group, said the Asian Group had long underscored a need for a definition of the term indigenous people, to distinguish them from ethnic and other minorities, including tribal, to ensure that the precise needs of indigenous peoples would not be set aside. The Asian Group had always been supportive of a permanent forum for indigenous people, but had made it clear that its final approval would be contingent on the mandate given the permanent forum. The more ambitious the mandate, the more difficult the job of reaching consensus. The text before the Commission did not accurately reflect the lack of consensus on key issues. Self-identification as indigenous people should not be sufficient criteria for inclusion in the work of the permanent forum.
CARLA RODRIGUEZ MANCIA (Guatemala) said that it attached great importance to the establishment of a permanent forum on indigenous issues and called on Member States to adopt the resolution by consensus. It recalled that there appeared to be a consensus in the Working Group on the need to establish such a forum.
NANCY RUBIN (the United States) said the US supported the idea of a permanent forum, but had stated frequently in working group sessions that it remained concerned about financial viability of a permanent forum, about redundancy in United Nations operations, and about how members of the permanent forum would be selected. The US considered that the Subcommission's Working Group on indigenous populations should be discontinued once a permanent forum began operation, in the interest of efficiency; and that the permanent forum should meet for one week rather than two.
In a resolution on the Working Group of the Commission on Human Rights to elaborate a draft declaration in accordance with paragraph 5 of General Assembly resolution 49/214 of 23 December 1994 /E/CN.4/2000/L.71), adopted without a vote, the Commission expressed its appreciation for the work of the Economic and Social Council in considering applications from organizations of indigenous people to participate in the Working Group; welcomed the decisions of the Council to process all pending applications as soon possible; recommended that the Working Group meet for 10 working days prior to the fifty-seventh session of the Commission, the cost of the meeting to be met from within existing resources; and recommended to the Council for its approval a draft decision authorizing the open-ended inter-sessional working group.
In a resolution on situation in the Republic of Chechnya of the Russian Federation (E/CN.4/2000/L.32), approved by a roll-call vote of 27 in favour and 7 against, with 19 abstentions, the Commission welcomed the report of the High Commissioner for Human Rights on the situation in Chechnya; called on all parties to the conflict to end immediately the use of force and to begin without delay the holding of a political dialogue and effective negotiations with the aim of achieving a peaceful solution to the crisis, which fully respected the territorial integrity and the Constitution of the Russian Federation; and supported the requests made by the High Commissioner for Human Rights, the Secretary-General of the Council of Europe and the Chairman-in-Office of the Organization for Security and Cooperation in Europe for international involvement, and urged the Government of the Russian Federation to agree to the requests of those organizations to deploy staff in line with their mandates.
The Commission called upon the Government of the Russian Federation to establish urgently, according to recognized international standards, a national, broad-based and independent commission of inquiry to investigate promptly alleged violations of human rights and breaches of international humanitarian law committed in the Republic in order to establish the truth and identify those responsible, with a view to bringing them to justice and preventing impunity. It urged the Russian Government to cooperate with the special mechanisms of the Commission and, in particular, to give favourable consideration to the requests already presented to undertake visits in the region as a matter of priority; and it welcomed the invitation extended by the Government of the Russian Federation to the High Commissioner for a return visit in two or three months; and requested the High Commissioner for Human Rights to consult with the Government of the Russian Federation in order to ensure the implementation of the resolution and to promote confidence-building measures based on respect for human rights and humanitarian law.
The roll-call vote was as follows:
In favour: Argentina, Botswana, Burundi, Canada, Chile, Czech Republic, El Salvador, France, Germany, Italy, Latvia, Luxembourg, Mauritius, Niger, Norway, Pakistan, Poland, Portugal, Qatar, Romania, Rwanda, Spain, the United Kingdom, the United States, and Zambia.
Against: China, Congo, Cuba, India, Madagascar, Russian Federation and Sri Lanka.
Abstentions: Bangladesh, Bhutan, Brazil, Colombia, Ecuador, Guatemala, Indonesia, Japan, Mexico, Nepal, Nigeria, Peru, Philippines, Republic of Korea, Senegal, Sudan, Swaziland, Tunisia and Venezuela.
The representative of (Russian Federation) said the resolution gave a false picture of human-rights situation in Chechnya and ignored the impact of terrorism on Russia and other countries. The co-sponsors were trying to blame the Russian authorities and were purposefully forgetting the inhuman activities of the rebels such as terrorism and the bombing of innocent victims. Chechnya had been on the verge of becoming a criminal terrorist enclave where arbitrary human-rights violations prevailed. This was a daily reality in the Republic of Chechnya carried out under the cover of Islam. The rebels had waged a war on the population of Chechnya and Russia. Respect for human rights was a priority for the Russian Federation, and there was a National Commission investigating human-rights violations in Chechnya. Whoever had committed crimes would be held accountable by Russian national law. Despite Russian openness, the authors of the resolution had chosen to make unfounded accusations against Russia, using double standards such as the allegations of the use of disproportional force. The Russian delegation questioned the moral right of the authors to say that, as many of them just a year ago had supported the bombing of Federal Republic of Yugoslavia, thus engaging themselves in a disproportionate amount of force.
The Russian delegation had shown its willingness to engage in constructive dialogue. Unfortunately this had not been duly appreciated by the authors of the resolution. It was an imbalanced resolution taking no account of the interests of Russia and ignoring principles of the United Nations Charter such as the sovereignty and territorial integrity of States. Now, the counter-terrorist action was coming to an end. The Russian delegation would vote against the resolution and called on Commission members to oppose it, since it had nothing in to do with respect for human rights.
The representative of (China) said China had studied the draft resolution on Chechnya. China felt the situation in Chechnya was a matter of internal concern for Russia. To fight terrorism and disorder, Russia had taken reasonable action. China firmly opposed any effort to exert pressure on the Russian Government through the tabling of a draft resolution. Second, the draft was a product of double standards. It was worth recalling that last year, NATO, led by the United States, had carried out heavy and indiscriminate bombing of the Federal Republic of Yugoslavia for supposed humanitarian reasons, resulting in serious damage to civilians and property. The Chinese delegation would vote against draft resolution L.32.
The representative of (Chile) said the Chilean delegation would have hoped that this subject could be resolved differently and would have hoped for more flexibility by the parties involved. Chile did not intend to become involved in the internal affairs of other States. However, it could not remain silent in view of terrible human-rights violations, and so would vote in favour of the resolution.
MIGUEL ALFONSO MARTINEZ (Cuba) said the Cuban delegation had studied the draft resolution on Chechnya and had decided it did not, in a balanced manner, reflect the events in the country concerned. It served to throw more fire on the pyre of the very specific political interests that were represented here. The countries that talked about proportionality in the text were the very countries that had participated in the bombing last year of Yugoslavia. This was a clear case of double standards, and Cuba would vote against the draft resolution.
The representative of (Bangladesh) said Bangladesh shared the humanitarian concerns with regard to Chechnya that had been stated by the sponsors of the draft resolution. The Bangladeshi delegation had read the draft carefully and had carried on negotiations with many other delegations, including that of the Russian Federation. To Bangladesh's mind, the best response of the Commission would be one in which the Russian Federation was participating. To act against the wishes of Russia would not advance anyone's interests. Bangladesh would thus abstain in a vote on L.32.
The representative of (India) said India deeply regretted the fact that the resolution on Chechnya had been adopted by a vote. On April 11, India had stated clearly that developments in the Northern Caucasus region of the Russian Federation were a manifestation of international terrorism and that efforts to combat it were the right and responsibility of the Russian Government, and that the response of the Russian Government had been appropriate. India in that statement had recommended that the Commission not take any action that would further unbalance the situation in Chechnya. Yet this was just such an action. The resolution was not balanced; it did not give sufficient weight to the menace of international terrorism and the threat it posed to human rights around the world. For that reason India had voted against the resolution.
The representative of (Sri Lanka) acknowledged that there were serious human-rights concerns in conflict situations, including in Chechnya. However, when a Government was acting openly and attempting to resolve conflicts through institutional cooperation such as demonstrated by the Russian authorities, intrusive resolutions such as the one adopted were not the right way forward. The delegation of Sri Lanka had hence voted against the resolution and had hoped for a consensus resolution.
The representative of (Indonesia) said Indonesia had abstained in the vote. It recognized Chechnya as an integral part of the Russian Federation, and considered that Russia had the right to deal with difficulties there. However, Indonesia also was concerned by extreme acts committed by both sides to the conflict. Indonesia regretted that a consensus could not be reached on the matter by the Commission.
* *** *
56th session
25 April 2000
Afternoon
Also Approves Measures on Minorites, Internally Displaced Persons,
Female Migrant Workers, Mass Exoduses and Indigenous Peoples
The Commission on Human Rights called this afternoon for all parties to the conflict in Chechnya to end immediately the use of force and to begin without delay the holding of a political dialogue and effective negotiations with the aim of achieving a peaceful solution to the crisis which fully respected the territorial integrity and Constitution of the Russian Federation.
The resolution, adopted by a roll-call vote of 25 in favour and 7 opposed, with 19 abstentions, supported requests made by the High Commissioner for Human Rights, the Secretary-General of the Council of Europe and the Chairman-in-Office of the Organization for Security and Cooperation in Europe for international involvement in the situation in Chechnya, and urged the Government of the Russian Federation to agree to the requests of those organizations to deploy staff in line with their mandates.
The Commission also called upon the Government of the Russian Federation to establish urgently, according to recognized international standards, a national, broad-based and independent commission of inquiry to investigate promptly alleged violations of human rights and breaches of international humanitarian law committed in Chechnya in order to establish the truth and identify those responsible with a view to bringing them to justice and preventing impunity. And it urged the Russian Government to cooperate with the special mechanisms of the Commission and in particular to give favourable consideration to requests already presented to undertake visits to the region as a matter of priority.
A representative of the Russian Federation said the resolution gave a false picture of human-rights situation in Chechnya and ignored the impact of terrorism on Russia and other countries; said a national commission was already investigating alleged human-rights violations; and charged that the authors of the resolution, which was tabled by Portugal on behalf of the European Union, had chosen to make unfounded accusations against Russia, using double standards such as allegations of disproportionate use of force. The Russian delegation questioned the moral right of the authors make that allegation, contending that many of them just a year ago had carried out or supported the bombing of Federal Republic of the Yugoslavia, thus engaging themselves in disproportionate use of force.
The Commission also adopted a Chairman's statement on the situation in East Timor and consensus resolutions on the rights of minorities; internally displaced persons; violence against female migrant workers; mass exoduses; and indigenous peoples.
In the Chairman’s statement on East Timor, the Commission welcomed the general progress made and some concrete steps already taken by the Indonesian Government to investigate fully violations of human rights and international humanitarian law in East Timor and to bring those responsible to justice, and welcomed the willingness of the Government of Indonesia to inform the Commission on further developments.
The Commission also urged a rapid solution of the East Timorese refugee problem in West Timor, taking note of the decision by the Government of Indonesia to set a deadline and to take all necessary measures for the refugees to express freely their choice to return or remain in West Timor. The Commission noted positive steps taken by the Government of Indonesia to enhance security and safety in refugee camps.
In its resolution on the rights of persons belonging to national or ethnic, religious and linguistic minorities, the Commission reaffirmed the obligation of States to ensure that persons belonging to such minorities might exercise fully and effectively all human rights and fundamental freedoms without any discrimination and in full equality before the law.
Concerning the rights of internally displaced persons, the Commission expressed appreciation to the Representative of the Secretary-General on the situation of the internally displaced for his activities undertaken so far, despite limited resources, and for the catalytic role he continued to play in raising awareness about the plight of internally displaced persons.
On the subject of violence against female migrant workers, the Commission called upon concerned Governments, particularly those of countries of origin and destination, if they had not done so, to put in place penal sanctions to punish perpetrators of violence against women migrant workers and, to the extent possible, to provide victims of violence with a full range of immediate assistance.
In its resolution on human rights and mass exoduses, the Commission called upon States to promote human rights and fundamental freedoms and to refrain from denying rights to individuals because of nationality, ethnicity, race, gender, age, religion or language and thus to make a substantial contribution to addressing human-rights situations that led to mass exoduses and displacements.
A resolution was also adopted which approved a request from the Subcommission on the Promotion and Protection of Human Rights to the Secretary-General to transmit as soon as possible the second progress report on working paper on indigenous people and their relationship to land to Governments, indigenous people and intergovernmental and non-governmental organizations for their comments, data and suggestions.
In a resolution on the Subcommission’s Working Group on indigenous populations, the Commission urged the Working Group to continue its comprehensive review of developments and of the diverse situations and aspirations of the world’s indigenous people, and welcomed its proposal to highlight specific themes of the International Decade of the World’s Indigenous People at its future sessions.
Concerning the Working Group of the Commission on Human Rights to elaborate a draft declaration on the rights of indigenous peoples, the Commission recommended that the group meet for 10 working days prior to the fifty-seventh session of the Commission.
The Commission will reconvene at 10 a.m. Wednesday, 26 April, to continue consideration of draft resolutions.
Chairman’s statement on East Timor
SHAMBHU RAM SIMKHADA, Chairperson of the Commission on Human Rights, said the Commission took note of the report of the joint mission of Special Rapporteurs of the Commission of Human Rights to East Timor (A/54/660) and the report of the International Commission of Inquiry (A/54/726) and also took note of the need to complete the systematic investigations of violations of fundamental human rights and international humanitarian law perpetrated in East Timor. The Commission also took note of the report of the Indonesian Commission of Inquiry and the cooperation established with the International Commission of Inquiry. The Commission welcomed the general progress made and some concrete steps already taken by the Indonesian Government to investigate fully violations of human rights and international humanitarian law and to bring those responsible to justice, and welcomed the willingness of the Government of Indonesia to inform the Commission on further developments. The Commission fully supported the Secretary-General's intention to strengthen the capacity of the United Nations Transitional Administration in East Timor (UNTAET), in accordance with the latter's mandate, to conduct forensic investigations and to provide assistance to ongoing procedures.
The Commission took note of the agreement between UNTAET and the Indonesian authorities to exchange information relevant to investigations, prosecutions and trials and welcomed the signature by the Government of Indonesia and UNTAET of a Memorandum of Understanding envisaging mutual cooperation in legal, judicial and human rights related matters, with the aim to promote reconciliation and to ensure future social and political stability. The Commission urged a rapid solution of the East Timorese refugees problem in West Timor. The Commission took note of the decision by the Government of Indonesia to set a deadline and to take all necessary measures for the refugees to express freely their choice. The Commission noted the positive steps taken by the Government of Indonesia to enhance the security and the safety in refugee camps. In this regard, the Commission welcomed the agreements between the Indonesian authorities and UNTAET of 22 November 1999 and 13 January 2000, for creating a secure environment for the voluntary repatriation of refugees. However, the Commission remained concerned at various obstacles, including intimidation and misinformation by remaining militias in refugee camps, which hampered the safe and voluntary return of refugees to East Timor. The Commission asked the Government of Indonesia and the international community to continue to provide relief assistance to the refugees.
SUSANTO SUTOYO (Indonesia) said the exchange of ideas and compromise was the best way to proceed to enhance human rights; on those lines the delegation of Indonesia and the delegation of Portugal and other representatives of the European Union had found areas to work on the issue of East Timor. Indonesia was grateful for this cooperation.
Indonesia believed that all internal remedies must first be used to investigate alleged human-rights abuses in East Timor, and hence had undertaken a wide-ranging investigation. The subsequent report had been comprehensive, accessible and honest, and had been widely recognized and acclaimed. The report had been followed up by the Attorney-General, who had recently appointed a strong, 50-member investigating team, which included members of NGOs. The Government of its own initiative was actively seeking technical cooperation and advisory services from the Office of the High Commissioner for Human Rights to improve the process. Efforts were being made to safely repatriate refugees from West Timor back to East Timor. The Chairman's statement recognized the general progress achieved and recognized that Indonesia was on the path of resolving the problems related to East Timor. Indonesia was confident that the process would both satisfy the requirements of the international community and respect national sovereignty.
ALVARO MENDONCA E MOURA (Portugal) said, speaking on behalf of the European Union, that the EU was pleased with the Chairman's statement on East Timor and welcomed the results in East Timor and the good spirits of the negotiations. The commitment shown by the Indonesian Government was commended in bringing to justice those responsible for crimes and the setting up of a Special Human Rights Court. The European Union was eagerly anticipating good results.
MICHEAL DENNIS (the United States) said the US applauded the Chairman's statement on East Timor and congratulated everyone involved. Credible investigation of all alleged human-rights violations in East Timor and resolution of the humanitarian crisis there was vital to truly dealing with the situation. The US sincerely hoped that at the next session of the Commission, it would be able to note further progress by Indonesia in bringing those responsible for human-rights violations in East Timor to justice.
Action on draft resolutions
In a resolution on the rights of persons belonging to national or ethnic, religious and linguistic minorities (E/CN.4/2000/L70), approved without a vote, the Commission reaffirmed the obligation of States to ensure that persons belonging to national or ethnic, religious and linguistic minorities might exercise fully and effectively all human rights and fundamental freedoms without any discrimination and in full equality before the law; urged States and the international community to promote and protect the rights of persons belonging to national or ethnic, religious and linguistic minorities, and to take all the necessary constitutional, legislative, administrative and other measures to promote and give effect to the Declaration; recommended that the human rights treaty bodies, when considering reports submitted by States parties, give particular attention to the implementation of articles relating to the rights of persons belonging to national or ethnic, religious and linguistic minorities; called upon Special Representatives, Special Rapporteurs and Working Groups of the Commission to continue to give attention, within their respective mandates, to situations involving minorities; and requested the Working Group within its mandate, to contribute to, and participate in, the preparations for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and to intensify its activities in this regard.
In a resolution on internally displaced persons (E/CN.4/2000/L.72), adopted without a vote, the Commission expressed its appreciation to the Representative of the Secretary-General for his activities undertaken so far, despite the limited resources available to him, and for the catalytic role he continued to play to raise the level of consciousness about the plight of internally displaced persons; also expressed its appreciation to those Governments and intergovernmental and non-governmental organizations which had provided assistance and protection to internally displaced persons and had supported the work of the Representative of the Secretary-General; and encouraged the Representative of the Secretary-General through continuous dialogue with Governments and all intergovernmental and non-governmental organizations concerned to continue his analysis and ways to strengthen protection, assistance and solutions for the internally displaced, taking into account specific situations.
It welcomed the fact that the Representative of the Secretary-General had made use of the Guiding Principles on Internal Displacement in his dialogue with Governments and inter-governmental and non-government organizations, and requested him to continue his efforts in that regard; called upon all Governments to facilitate the activities of the Representative of the Secretary-General, in particular those Governments concerned with situations of internal displacement which had not yet extended invitations or responded positively to requests for information from the Representative; also welcomed the initiatives undertaken by regional organizations, such as the Organization of African Unity, the Organization of American States and the Organization for Security and Cooperation in Europe, to address the assistance, protection and development needs of internally displaced persons and encouraged them and other regional organizations to strength their activities and their cooperation with the Representative of the Secretary-General; called upon the United Nations High Commissioner for Human Rights to develop projects, in cooperation with Governments, relevant international organizations and persons, as part of the programme of advisory services and technical cooperation, and to include in her report to the Commission information on their implementation.
SHARAT SABHARWAL (India) said that it was conscious of the need to address the question of internally displaced persons. The primary duty of protecting and assisting internally displaced persons lay with the State. Situations where internally displaced persons suffered from lack of legal protection occurred when the State had collapsed or when there was lack of political will. Domestic law should ensure the protection of internally displaced persons. International principles were not legally binding and international action remained subject to national sovereignty. It was in this spirit that India voted in favour of the draft resolution.
In a resolution on violence against women migrant workers (E/CN.4/2000/L.73), adopted without vote, the Commission called upon concerned Governments, particularly those of countries of origin and destination, if they had not done so, to put in place penal sanctions to punish perpetrators of violence against women migrant workers and, to the extent possible, to provide the victims of violence with the full range of immediate assistance, such as counselling, legal and consular assistance, temporary shelters and other measures that would allow them to be present during the judicial process, to safeguard their dignified return to the country of origin as well as to establish reintegration and rehabilitation schemes for returning women migrant workers; invited the States concerned, specifically countries of origin and destination, to consider adopting appropriate legal measures against intermediaries who deliberately encouraged the clandestine movement of workers and women migrant workers in violation of their human dignity; encouraged States to consider signing and ratifying or acceding to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, as well as the Slavery Convention of 1926; requested the Secretary-General to submit to the Commission on Human Rights at its fifty-eighth session a comprehensive follow-up report on the problem of violence against women migrant workers.
In a resolution on human rights and mass exoduses (E/CN.4/2000/L.74), adopted by consensus, the Commission called upon States to promote human rights and fundamental freedoms and to refrain from denying those to individuals in their population because of nationality, ethnicity, race, gender, age, religion or language and thus to make a substantial contribution to addressing human-rights situations that led to mass exoduses and displacements; reaffirmed the need for all Governments, inter-governmental bodies and concerned international organizations to intensify their cooperation and assistance in worldwide efforts to address human rights situations that led to, as well as the serious problems that resulted from, mass exoduses of refugees and displaced persons.
It emphasized the responsibility of all States and international organizations to cooperate with those countries, particularly developing countries, affected by mass exoduses of refugees and displaced persons, and called upon Governments, the United Nations High Commissioner for Human Rights, the United Nations High Commissioner for Refugees, other relevant parts of the United Nations system and other humanitarian organizations to continue to respond to assistance needs of countries hosting large number of refugees and displaced persons until durable solutions were found. It recognized that women and children constituted the majority of most refugee and displaced populations and that, in addition to the problems they shared with all refugees and displaced persons, women and girls in such circumstances were vulnerable to persecution, gender-based discrimination and gender-specific violations of human rights; called upon States to protect and promote and respect the human rights of all refugees and displaced
persons, in particular refugee and displaced women and children, to ensure that their particular needs were met and to ensure that women were full and equal participants in the planning, design, implementation, monitoring and evaluation of all projects and programmes.
In a resolution on the study on indigenous land rights (E/CN.4/2000/L.65), adopted without a vote, the Commission, taking note of resolution 1999/21 of 26 August 1999 of the Subcommission on the Promotion and Protection of Human Rights and decisions 1997/114 of 11 April 1997 and 1999/106 of 27 April 1999 of the Commission and of the Subcommission by the Special Rapporteur of a second progress report rather than a final report to the Subcommission as requested therein, decided to approve the Subcommission's request to the Secretary-General to transmit as soon as possible the second progress report on the working paper on indigenous people and their relationship to land (E/CN.4/Sub.2/1999/18) to Governments, indigenous people and intergovernmental and non-governmental organizations for their comments, data and suggestions, and requested the Secretary-General to provide, from within existing resources, the Special Rapporteur with all the assistance necessary to enable her to submit her final working paper to the Working Group on indigenous populations at its eighteenth session and to the Subcommission at its fifty-second session.
Concerning a resolution on the Working Group on Indigenous Populations of the Subcommission on the Promotion and Protection of Human Rights and the International Decade of the World’s Indigenous People (E/CN.4/2000/L.66), adopted by consensus, the Commission urged the Working Group on indigenous populations of the Subcommission on the Promotion and Protection of Human Rights to continue its comprehensive review of developments and of the diverse situations and aspirations of the world’s indigenous people, and welcomed its proposal to highlight specific themes of the International Decade of the World’s Indigenous People at its future sessions; again invited the Working Group to take into account in its deliberations on developments pertaining to the promotion and protection of the human rights of indigenous people; the work, with the framework of their respective mandates, of all thematic Special Rapporteurs, Special Representatives, Independent Experts, Working Groups and expert seminars as it pertained to the situation of indigenous people; and recommended that the Economic and Social Council authorize the Working Group to meet for five working days prior to the fifty-second session of the Subcommission.
With regard to the International Decade of the World’s Indigenous People, the Commission invited the Working Group on indigenous populations to continue its review of activities undertaken during the Decade, encouraged Governments and intergovernmental and non-governmental organizations to provide information on the implementation of the goals of the Decade, welcomed the affirmation by the General Assembly that a major objective of the Decade was the adoption of a declaration on the rights of indigenous people and its recognition that among the important objectives of the Decade was the consideration of the establishment of a permanent forum for indigenous people in the United Nations system; emphasized the important role of international cooperation in promoting the goals and activities of the Decade and the rights, well-being and sustainable development of indigenous people; appealed to all Governments, organizations and individuals in a position to do so to support the Decade by contributing to the Voluntary Fund for the International Decade of the World’s Indigenous People; further appealed to intergovernmental and non-governmental organizations to support the Decade by identifying resources for activities designed to implement the goals of the Decade, in cooperation with indigenous people; and requested the High Commissioner for Human Rights to ensure that the indigenous people’s unit in her Office was adequately staffed and resourced to enable the activities of the Decade to be effectively implemented.
After considering L.68, on the establishment of a Permanent Forum on indigenous issues, the Commission decided to take action tomorrow afternoon.
MIGUEL ALFONSO (Cuba) said that the creation of a Permanent Forum for indigenous people would present a number of problems. The Forum would be made of 16 members, 8 appointed by Governments and 8 representatives of indigenous peoples. Cuba wondered what criteria would be applied in the case of the appointment of Government representatives and how indigenous people would be able to agree on 8 names, given the diversity of views on indigenous matters and the number of nations with indigenous populations. Further, the Forum would entail the dismantling of the Working Group on indigenous populations which had kept productive dialogue with indigenous peoples for many years.
C. E. MBONU (Nigeria) said his country had several problems with the draft resolution. What would happen to the Working Group of the Subcommission? Would it just die? How could one know? And how would one agree on the 16 members? Would the indigenous peoples have a role in picking the 16 indigenous members of the forum?
NUGROHO WISNUMURTI (Indonesia), speaking on behalf of the Asian Group, said the Asian Group had long underscored a need for a definition of the term indigenous people, to distinguish them from ethnic and other minorities, including tribal, to ensure that the precise needs of indigenous peoples would not be set aside. The Asian Group had always been supportive of a permanent forum for indigenous people, but had made it clear that its final approval would be contingent on the mandate given the permanent forum. The more ambitious the mandate, the more difficult the job of reaching consensus. The text before the Commission did not accurately reflect the lack of consensus on key issues. Self-identification as indigenous people should not be sufficient criteria for inclusion in the work of the permanent forum.
CARLA RODRIGUEZ MANCIA (Guatemala) said that it attached great importance to the establishment of a permanent forum on indigenous issues and called on Member States to adopt the resolution by consensus. It recalled that there appeared to be a consensus in the Working Group on the need to establish such a forum.
NANCY RUBIN (the United States) said the US supported the idea of a permanent forum, but had stated frequently in working group sessions that it remained concerned about financial viability of a permanent forum, about redundancy in United Nations operations, and about how members of the permanent forum would be selected. The US considered that the Subcommission's Working Group on indigenous populations should be discontinued once a permanent forum began operation, in the interest of efficiency; and that the permanent forum should meet for one week rather than two.
In a resolution on the Working Group of the Commission on Human Rights to elaborate a draft declaration in accordance with paragraph 5 of General Assembly resolution 49/214 of 23 December 1994 /E/CN.4/2000/L.71), adopted without a vote, the Commission expressed its appreciation for the work of the Economic and Social Council in considering applications from organizations of indigenous people to participate in the Working Group; welcomed the decisions of the Council to process all pending applications as soon possible; recommended that the Working Group meet for 10 working days prior to the fifty-seventh session of the Commission, the cost of the meeting to be met from within existing resources; and recommended to the Council for its approval a draft decision authorizing the open-ended inter-sessional working group.
In a resolution on situation in the Republic of Chechnya of the Russian Federation (E/CN.4/2000/L.32), approved by a roll-call vote of 27 in favour and 7 against, with 19 abstentions, the Commission welcomed the report of the High Commissioner for Human Rights on the situation in Chechnya; called on all parties to the conflict to end immediately the use of force and to begin without delay the holding of a political dialogue and effective negotiations with the aim of achieving a peaceful solution to the crisis, which fully respected the territorial integrity and the Constitution of the Russian Federation; and supported the requests made by the High Commissioner for Human Rights, the Secretary-General of the Council of Europe and the Chairman-in-Office of the Organization for Security and Cooperation in Europe for international involvement, and urged the Government of the Russian Federation to agree to the requests of those organizations to deploy staff in line with their mandates.
The Commission called upon the Government of the Russian Federation to establish urgently, according to recognized international standards, a national, broad-based and independent commission of inquiry to investigate promptly alleged violations of human rights and breaches of international humanitarian law committed in the Republic in order to establish the truth and identify those responsible, with a view to bringing them to justice and preventing impunity. It urged the Russian Government to cooperate with the special mechanisms of the Commission and, in particular, to give favourable consideration to the requests already presented to undertake visits in the region as a matter of priority; and it welcomed the invitation extended by the Government of the Russian Federation to the High Commissioner for a return visit in two or three months; and requested the High Commissioner for Human Rights to consult with the Government of the Russian Federation in order to ensure the implementation of the resolution and to promote confidence-building measures based on respect for human rights and humanitarian law.
The roll-call vote was as follows:
In favour: Argentina, Botswana, Burundi, Canada, Chile, Czech Republic, El Salvador, France, Germany, Italy, Latvia, Luxembourg, Mauritius, Niger, Norway, Pakistan, Poland, Portugal, Qatar, Romania, Rwanda, Spain, the United Kingdom, the United States, and Zambia.
Against: China, Congo, Cuba, India, Madagascar, Russian Federation and Sri Lanka.
Abstentions: Bangladesh, Bhutan, Brazil, Colombia, Ecuador, Guatemala, Indonesia, Japan, Mexico, Nepal, Nigeria, Peru, Philippines, Republic of Korea, Senegal, Sudan, Swaziland, Tunisia and Venezuela.
The representative of (Russian Federation) said the resolution gave a false picture of human-rights situation in Chechnya and ignored the impact of terrorism on Russia and other countries. The co-sponsors were trying to blame the Russian authorities and were purposefully forgetting the inhuman activities of the rebels such as terrorism and the bombing of innocent victims. Chechnya had been on the verge of becoming a criminal terrorist enclave where arbitrary human-rights violations prevailed. This was a daily reality in the Republic of Chechnya carried out under the cover of Islam. The rebels had waged a war on the population of Chechnya and Russia. Respect for human rights was a priority for the Russian Federation, and there was a National Commission investigating human-rights violations in Chechnya. Whoever had committed crimes would be held accountable by Russian national law. Despite Russian openness, the authors of the resolution had chosen to make unfounded accusations against Russia, using double standards such as the allegations of the use of disproportional force. The Russian delegation questioned the moral right of the authors to say that, as many of them just a year ago had supported the bombing of Federal Republic of Yugoslavia, thus engaging themselves in a disproportionate amount of force.
The Russian delegation had shown its willingness to engage in constructive dialogue. Unfortunately this had not been duly appreciated by the authors of the resolution. It was an imbalanced resolution taking no account of the interests of Russia and ignoring principles of the United Nations Charter such as the sovereignty and territorial integrity of States. Now, the counter-terrorist action was coming to an end. The Russian delegation would vote against the resolution and called on Commission members to oppose it, since it had nothing in to do with respect for human rights.
The representative of (China) said China had studied the draft resolution on Chechnya. China felt the situation in Chechnya was a matter of internal concern for Russia. To fight terrorism and disorder, Russia had taken reasonable action. China firmly opposed any effort to exert pressure on the Russian Government through the tabling of a draft resolution. Second, the draft was a product of double standards. It was worth recalling that last year, NATO, led by the United States, had carried out heavy and indiscriminate bombing of the Federal Republic of Yugoslavia for supposed humanitarian reasons, resulting in serious damage to civilians and property. The Chinese delegation would vote against draft resolution L.32.
The representative of (Chile) said the Chilean delegation would have hoped that this subject could be resolved differently and would have hoped for more flexibility by the parties involved. Chile did not intend to become involved in the internal affairs of other States. However, it could not remain silent in view of terrible human-rights violations, and so would vote in favour of the resolution.
MIGUEL ALFONSO MARTINEZ (Cuba) said the Cuban delegation had studied the draft resolution on Chechnya and had decided it did not, in a balanced manner, reflect the events in the country concerned. It served to throw more fire on the pyre of the very specific political interests that were represented here. The countries that talked about proportionality in the text were the very countries that had participated in the bombing last year of Yugoslavia. This was a clear case of double standards, and Cuba would vote against the draft resolution.
The representative of (Bangladesh) said Bangladesh shared the humanitarian concerns with regard to Chechnya that had been stated by the sponsors of the draft resolution. The Bangladeshi delegation had read the draft carefully and had carried on negotiations with many other delegations, including that of the Russian Federation. To Bangladesh's mind, the best response of the Commission would be one in which the Russian Federation was participating. To act against the wishes of Russia would not advance anyone's interests. Bangladesh would thus abstain in a vote on L.32.
The representative of (India) said India deeply regretted the fact that the resolution on Chechnya had been adopted by a vote. On April 11, India had stated clearly that developments in the Northern Caucasus region of the Russian Federation were a manifestation of international terrorism and that efforts to combat it were the right and responsibility of the Russian Government, and that the response of the Russian Government had been appropriate. India in that statement had recommended that the Commission not take any action that would further unbalance the situation in Chechnya. Yet this was just such an action. The resolution was not balanced; it did not give sufficient weight to the menace of international terrorism and the threat it posed to human rights around the world. For that reason India had voted against the resolution.
The representative of (Sri Lanka) acknowledged that there were serious human-rights concerns in conflict situations, including in Chechnya. However, when a Government was acting openly and attempting to resolve conflicts through institutional cooperation such as demonstrated by the Russian authorities, intrusive resolutions such as the one adopted were not the right way forward. The delegation of Sri Lanka had hence voted against the resolution and had hoped for a consensus resolution.
The representative of (Indonesia) said Indonesia had abstained in the vote. It recognized Chechnya as an integral part of the Russian Federation, and considered that Russia had the right to deal with difficulties there. However, Indonesia also was concerned by extreme acts committed by both sides to the conflict. Indonesia regretted that a consensus could not be reached on the matter by the Commission.
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