EXPERTS BRIEF COMMISSION ON HUMAN RIGHTS ON SITUATIONS IN IRAN AND BURUNDI

Commission on Human Rights
58th session
3 April 2002
Morning


Chiefs of UNAIDS, Red Cross Federation,
Senior Officials of Denmark,
Peru, and the Republic of Congo Speak


The Commission on Human Rights' Special Representative on Iran and Special Rapporteur on Burundi introduced their reports this morning, telling the Commission that states of affairs in both countries had shown some improvement but that major problems remained related to administration of justice and violence rooted in political difficulties.

The Commission also was addressed by the Executive Director of the Joint United Nations Programme on HIV/AIDS (UNAIDS), the Minister for Foreign Affairs of Denmark, the President of the International Federation of Red Cross and Red Crescent Societies, the Minister for the Promotion of the Woman and Human Development of Peru, and the Minister for Foreign Affairs of the Republic of the Congo.

Maurice Copithorne, Special Representative on the situation of human rights in Iran, said among other things that while social expectations in relation to rights and freedoms were mounting, the central struggle in Iran was between elected and unelected holders of power, with the latter still clearly in control. Powerful elites continued to use violence to confront those deemed enemies of the State or religion, he said; there was further harassment and detention of journalists supporting reform; suspicious deaths and executions continued to be reported, sometimes of ethnic minorities; the legal profession continued to face intimidation; and the use of torture was still widespread within the premises of the various security agencies.

Marie-Therese Keita-Bocoum, Special Rapporteur on the situation of human rights in Burundi, told the Commission that although some progress had been made, including the establishment of a transitional Government, internal armed conflicts continued in the country, the security situation was worrisome, and violations of the right to life and other civil and political rights were widespread. Mrs. Bocoum said one concern was the kidnapping of children.

A representative of Burundi said in response that the transitional Government was doing all it could to protect civilians, especially the most vulnerable, but the country was going through an extremely difficult period, with armed conflict causing serious human rights violations and hindering health and education services
Peter Piot, Executive Director of UNAIDS, said more than 60 million people had been infected with HIV/AIDS, 20 million had died, and the epidemic had lowered life expectancy in sub-Saharan Africa to 47 years; whereas without AIDS it would be 62. Promotion and protection of human rights were essential to ending a Avicious cycle@ through which those who contracted the disease were discriminated against and rendered still more poverty-stricken, leading to further spread of the epidemic, Dr. Piot said.

Per Stig Moller, Minister for Foreign Affairs of Denmark, told the Commission that poverty was a first-degree violation of human rights, and hence the overall objective of Denmark's development assistance policy was eradication of poverty, with emphasis on liberal and fair trade systems, integration of developing countries into the global economy, promotion of women's rights, and enhancement of democracy and good governance. Mr. Moller called for both sides in the Middle East conflict to respect international human rights standards.

Juan Manuel Suarez del Toro Rivero, President of the International Federation of Red Cross and Red Crescent Societies, said the Federation had a broad concept of human rights that influenced all its operations, from humanitarian assistance in the event of disaster to human development programmes and work with vulnerable populations that society had passed by. The full enjoyment of economic, social and cultural rights was limited by underdevelopment in many parts of the world, Mr. Rivero said, and the international community should redouble its efforts to promote development and should place the fight against extreme poverty at the top of its agenda.

Cecilia Blondet, Minister for the Promotion of the Woman and Human Development of Peru, told the Commission of national efforts to restore a state of law, confirm the independence of the judiciary, and advance a range of human rights, including those of indigenous peoples. She said a Declaration of Machu Pichu on Democracy, the Rights of Indigenous Peoples and Combat against Poverty had been signed in July 2001, and that in September 2001 the Inter-American Charter for Democracy had been approved, a Peruvian initiative which was the only regional instrument that set out systematically principles, standards and collective action mechanisms, including diplomatic sanctions, with the expressed aim of protecting and promoting democracy and human rights.

Rodolphe Adada, Minister for Foreign Affairs of the Republic of the Congo, said slavery and apartheid had had incalculable costs for Africa which the recent World Conference against Racism, in acknowledging these crimes, had taken a first step towards rectifying. He went on to say that international efforts to combat terrorism must focus on issues of development and self-determination, and that national development strategies, such as that pursued by his own Government, must empower women.

The Commission is expected reconvene in public session at 10 a.m. on Thursday, 4 April. It will meet in private for the rest of the day to discuss violations of human rights in specific countries under its 1503 procedure.

Question of the violation of human rights in any part of the world

Under this agenda item, two reports were introduced in advance of the general debate on the topic.
The report of Maurice Copithorne, the Special Representative on the situation of human rights in Iran (E/CN.4/2002/42) states in its executive summary that demand by the Iranian people for reform has continued to grow despite obstacles; that there has been continuing, sweeping suppression of the mainly reformist press, and imprisonment of journalists; that the legislated discrimination against women remains and patriarchal attitudes remain in such areas as domestic violence; that abuse of persons in pre-trial detention, especially over political matters, appears to be widespread; that accepted fair trial norms are frequently ignored; that many punishments are gross violations of human rights norms, and include stoning; that treatment of dissidents, particularly by security forces, is in some cases little short of vicious; that there appears to have been little change in official and societal discrimination against religious and ethnic minorities; and that inflation, unemployment and poverty remain serious problems.

There is a report of Marie-Therese Keita-Bocoum, the Special Rapporteur on the situation of human rights in Burundi (E/CN.4/2002/49) which notes that human rights difficulties resulting from armed conflict between Government forces and armed groups in various provinces include violations of the rights to life, freedom, security, and freedom of movement; that a climate of insecurity persists which is adversely affecting the economy and civilian life; that there have been a number of positive developments, but public support for the peace process by the armed groups remains a prerequisite for ending the cycle of violence; that the peace process is hindered by uncertainty over the rebel groups= demands and objectives; that reference to the question of "genocide" in Burundi was a frequent feature of discussions held by the Special Rapporteur during her visit; that there are continuing improvements in application of the Code of Criminal Procedure and in prison conditions; that action by the High Commissioner's Office in Burundi should include strengthening of monitoring and of protection of the rights of refugees and internally displaced; that armed groups should come to the negotiating table with the Government; that the Government should promptly implement the Arusha Agreement, cease recruiting militias, and abandon its civil defense programme; and that the international community should increase its support for human rights monitoring and strengthening of the country's judicial system.

Statements

PETER PIOT, Executive Director of UNAIDS, said the HIV epidemic now ranked as the most devastating humanity had ever faced. More than 60 million people had been infected. Twenty million had died. HIV/AIDS was now the leading cause of death in sub-Saharan Africa and the fourth biggest global killer. Life expectancy in sub-Saharan Africa was now 47 years; without AIDS, it would be 62. When there was unequal access to fundamental economic, social and cultural rights the conditions were ripe for the spread of HIV/AIDS.

When AIDS affected communities, Dr. Piot said, it caused levels of poverty to deepen and the already marginalized found themselves facing even further poverty. That, in turn, worsened the epidemic. It was a vicious cycle. Human rights promotion and protection was essential to reversing the situation. Unequal access to HIV/AIDS-related treatments remained a global reality. Differential pricing and licensing for production and importation could improve access to HIV treatments while protecting the intellectual property rights the pharmaceutical industry needed to sustain new research. The international community had a responsibility to ensure continued innovation in HIV pharmaceutical research while at the same time making new HIV/AIDS medicines available and affordable in a non-discriminatory manner.

Most notably, the price of triple antiretroviral therapy had dropped from around $ 12,000 two years ago to as low as $ 350 in the poorest countries today. Even so, this figure remained out of reach for most people in severely affected countries. The establishment of the Global Fund to fight AIDS would help countries to enhance affordable treatment and comprehensive care and support in parallel with HIV prevention programmes. Increasingly, Governments and the international community as a whole would be held accountable for their actions in relation to access to HIV care and HIV prevention. UNAIDS would continue to provide countries with technical and financial assistance to help them integrate human rights issues into their HIV/AIDS prevention strategies.

PER STIG MOLLER, Minister for Foreign Affairs of Denmark, said it was his belief that a democratic society based on the rule of law was the best guarantee for progressive development both in terms of upholding fundamental freedoms and furthering social justice. Seen in this perspective the right to development represented a dynamic right, which might become an efficient tool in mainstreaming human rights into the development process. Denmark's development assistance amounted to the highest ratio of any donor country, and was well above the United Nations target of 0.7 per cent of GNP. Poverty was a first-degree violation of human rights, and the overall objective of Denmark's development assistance policy was eradication of poverty. The policy furthermore aimed at liberal and fair trade policies and the integration of the developing countries in the global economy. The policy sought to promote women's role in development and to further a democratic process based on the rule of law and respect for human rights and fundamental freedoms. Good governance must go hand in hand with increased aid, and vice versa.

Mr. Moller said he appreciated the efficient and professional manner with which South Africa had organized the World Conference against Racism. The final document would provide a sound basis for the common struggle against racism worldwide for many years to come. Of particular interest was the invitation to the General Assembly to consider the elaboration of an international convention to protect and promote the rights and dignity of disabled people, including, especially, provisions addressing discriminatory practices and treatment.

Foreign occupation and resistance to it must respect international humanitarian law in all circumstances, Mr. Moller said. The fighting in the Middle East once again revealed that there was no alternative to a peaceful settlement of the dispute. Both parties had a responsibility to stop the violence. The President of the Palestinian Authority must do his utmost to curb terrorism and the Israelis must lift restrictions on Yasser Arafat's freedom of movement and pull out of Ramallah and the other areas. By adopting resolution 1397 the Security Council had lived up to its responsibility and set the right course for peaceful development.
Speaking of the work of the Commission, Mr. Moller said an essential role was played by various Rapporteurs. Yet too often they were refused entry into a particular State and so could not provide the Commission with fully balanced pictures of situations on the ground. This was to the detriment of the State in question which might not receive the assistance it needed from the international community. Non-governmental organizations were also vital to the work of the Commission, Mr. Moller said.

JUAN MANUEL SUAREZ DEL TORO RIVERO, President of the International Federation of Red Cross and Red Crescent Societies, said this meeting of the Commission was taking place at a difficult but pivotal point in history, one characterized by the apparent contradiction between the quest for better conditions for the exercise of human rights and the need to guarantee people's safety. The Federation did not want to enter into a debate on the definition of the current situation. It simply wished to appeal for that debate to take place on the basis of respect for the international legal framework and for fundamental rights. The Federation had a broad concept of human rights that influenced all its operations, from humanitarian assistance in the event of disaster to human development programmes and work with vulnerable populations that society had passed by. It was an advocate of the indivisibility of human rights and therefore welcomed the progress the international community had made in that field. The Federation could not overlook the fact that the full enjoyment of economic, social and cultural rights, the object of its concern, was often limited by underdevelopment in many regions of the world. The international community should redouble its efforts to promote development and should place the fight against extreme poverty at the top of the international agenda.

One of the Federation's priorities was to foster more active cooperation with other international organizations in the fields of activity relating to the Commission of Human Rights, such as policy formation, services, capacity-building at national and local levels, and improved cooperation with international organizations to promote and protect the rights of the most vulnerable, Mr. Rivero said. In these difficult times, it was important to speak from a position that would encourage the Federation to reflect, that would introduce new elements of analysis in discussions, and that would prompt fresh debate in the search for solutions. The Federation was concerned that everyone should respect the fundamental principles of humanity, impartiality, independence and neutrality, whose specific objective was to promote human dignity and thereby the rights of the person. The promotion of the fundamental principles of the International Red Cross and Red Crescent Movement was strengthened via the direct dialogue that the Federation and its National Societies maintained with the international community and with Governments. Respect for those principles was the guarantee that everyone could enjoy the human rights to which they were entitled.

CECILIA BLONDET, Minister for the Promotion of the Woman and Human Development of Peru, said the promotion and protection of human rights were pillars of the policy pursued by Peru. The restoration of the state of law, the independence of the judiciary, the freedom to elect and renew authorities and freedom of expression and other basic rights had generated an environment that was more propitious for the State to meet its obligations under the universal system of human rights protection. The Government of President Toledo, together with the Peruvian people, was working towards a future in which development went hand in hand with full respect for democracy and basic rights.

Mrs. Blondet said a Declaration of Machu Pichu on Democracy, the Rights of Indigenous Peoples and Combat against Poverty had been signed in July 2001. In September 2001, the Inter-American Charter for Democracy had been approved. The Charter, which was a Peruvian initiative, was the only regional instrument that set out systematically principles, standards and collective action mechanisms, including diplomatic sanctions, with the expressed aim of protecting and promoting democracy and human rights. A Commission of Truth and Reconciliation had been set up to investigate human rights violations committed between 1980 and 2000. In addition a National Commission for the Study and Implementation of International Humanitarian Law had been established. Peru had signed the Rome Statute of the International Criminal Court and had ratified the Interamerican Convention for the Elimination of All Forms of Discrimination against Disabled Persons, and the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women.

Mrs. Blondet said Peru had also ratified the Optional Protocols to the Convention on the Right of the Child on the participation of children in armed conflicts, the sale of children, child prostitution and child pornography as well as the Inter-American Convention on Forced Disappearances. Peru was in favour of the creation of a working group that would study the possibility of preparing an international convention against forced disappearances. The Government was also doing its utmost to promote development and equal opportunity for the indigenous peoples of Peru. It also was committed to implementing the conclusions of the Durban Conference against Racism.

MAURICE COPITHORNE, Special Representative on the situation of human rights in Iran, introducing his report (E/CN.4/2002/42), said there were signs that the incorporation of human rights values into Iranian society was proceeding at an accelerating rate. However, the implementation of such rights by the Government continued to lag behind despite evident public expectation. There was little evidence of a quantifiable improvement in the respect accorded by the authorities to international standards of human rights. Iran, most notably the Government, including all State and para-State institutions, had a long way to go. Those in control of much of the governmental process did not by and large see the law, in its many shapes, as being primarily a vehicle to protect people from the State by constraining its power.

Today, the central struggle in Iran was between the elected and unelected holders of power. The latter were clearly still in control -- the evident will of the people was still being frustrated. In Iran powerful elites continued to use violence to confront those deemed enemies of the State or religion; there was further harassment and detention of journalists supporting reform; reports of the abuse of detainees continued to become public; suspicious deaths and executions continued to be reported, sometimes of ethnic minorities; the legal profession continued to face intimidation; much of the Majilis legislation, reformist in nature, had been rejected; and the use of torture was still widespread within the premises of the various security agencies. The Iranian people deserved better and he wished with all his heart that they would succeed in their efforts to achieve it.

MARIE-THERESE KEITA-BOCOUM, Special Rapporteur on the situation of human rights in Burundi, introduced her third report (E/CN.4/2002/49), saying that during her fifth mission to the country she had met with a number of political leaders of all tendencies. She had also held meetings with members of the diplomatic corps, heads of the United Nations system, and representatives of the civil society, particularly associations of women, of youth, of human rights and representatives of religious communities. She said the evolution of the political situation was characterized by the adoption of a new Constitution and the installation of a new transitional Government and Parliament. However there had been no cease-fire nor cessation of hostilities.

Despite the progress made, the security climate remained very delicate. In the rural area of Bujumbura, in the north and east of the country, heavy fighting continued between the army and rebel groups. The cycle of violence could not be stopped without negotiations, but one of the major obstacles to negotiations was understanding the intentions of the rebel groups. In addition, impunity, as reflected in the report of the international inquiry commission on the events of 1993, continued to be a concern for some members of the political class. Security also was being compromised by an increase in criminality, including assassinations.
The human rights situation of Burundi had not significantly improved over the past year, Mrs. Bocoum said. There was continued violation of the right to life and of all other civil and political rights. Among the most upsetting offenses was the kidnapping of children. The situation of women, children and the Batwa minority remained difficult.

ADOLPHE NAHAYO (Burundi), responding to the Special Rapporteur, said since her nomination the Special Rapporteur had always attempted to present balanced and fair reports which the Government had consistently taken into consideration in its efforts to improve human rights. However, since 1993, Burundi had experienced one of the most difficult periods in its history. It went without saying that in a context of war, human rights were never totally respected. The Government had done all in its power to protect the population from the effects of war through the protection of human rights, particularly the rights of civilians, women and children. Women and children were the first victims in all armed conflicts. The Transitional Government wanted to uphold all human rights and was therefore attempting to end the war through dialogue with the rebels.

The situation of war affected the innocent, not only their most basic human rights, but also their economic, social and cultural rights. The destruction of social infrastructures hindered the access of children to education and health. Furthermore, the continuation of the war prevented the return of refugees. Looking at the report case-by-case would not be very useful. What mattered to the Government was to follow up on these incidents in an appropriate manner -- through investigations and later the punishment of the perpetrators of crimes. The Government would continue its programmes to promote human rights through education and the soon-to-be established National Commission on Human Rights, and would bring into the process parties from civil society. The realization of a human rights culture would not be possible without the end of the war, through negotiations and the strengthening of the Government's role in promoting human rights with the support of the international community.

RODOLPHE ADADA, Minister for Foreign Affairs of the Republic of the Congo, said Africa had paid dearly for the slave trade, slavery and apartheid. For more than four centuries, the slave trade had claimed the lives of more than 1 million people on the African continent, creating a terrible human catastrophe whose negative consequences continued to be felt to this day. By the same token, apartheid, which was based on inequality between races and on social exclusion, had been one of the most ignoble human rights violations in contemporary history. By recognizing these injustices as crimes against humanity, the Durban Conference certainly had taken an important step towards the reconciliation of mankind with itself and part of its history. This was why it was necessary to carefully study the question of the follow up to the programme of action of the Conference.

Mr. Adada said the terrorist attacks of September 11 had shown to what extent terrorism was a flagrant violation of human rights and an odious phenomenon that must be eradicated at any cost. The international community must combat violence in all its forms and at the same time meet some of the challenges facing humanity, such as the right to development and self-determination, the integration of the fundamental rights of women and the effective enjoyment of civil and political rights as well as economic, social and cultural rights. The right to development was a fundamental right whose realization promoted the enjoyment of other human rights. The realization of this right was one of the main priorities of the Government of the Congo.

There could be no sustainable development if women, who constituted an important segment of society, were excluded from the process, Mr. Adada said. The marginalization of women was unjust and constituted a violation of human dignity. As part of its fight against poverty, his Government had undertaken to ensure universal access to education for girls and the integration of women in all areas of national life.


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