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Date: Mon, 9 Aug 1999 09:37:48 -1000
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Subject: SUB-COMMISSION PRESS RELEASE 5/8/99 a.m. & p.m.
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Press Release 

05.08.99 

SUBCOMMISSION ON PROMOTION AND PROTECTION OF HUMAN RIGHTS COMPLETES DEBATE ON HUMAN 
RIGHTS VIOLATIONS ANYWHERE IN WORLD 

The Subcommission on the Promotion and Protection of Human Rights concluded its review 
this afternoon of alleged violations of human rights and fundamental freedoms in any 
country by listening to a long string of rights of reply from nations defending their 
human-rights records. 

Several Subcommission Experts also spoke. One of them, Miguel Alfonso Martinez, 
contended that on the subject of human rights, the world had gone topsy-turvy, with 
countries that claimed to be adamant about defending the United Nations Charter also 
advocating -- by their actions -- violations of international law. As an example he 
cited the 78-day bombing campaign carried out by the North Atlantic Treaty 
Organization (NATO) against the Federal Republic of Yugoslavia, noting the attacks had 
not received the endorsement of the United Nations Security Council. In such cases of 
supposed 'humanitarian intervention', he said, the bombs never fell on New York, 
London, Paris or the Hague. 

Antonella Iulia Motoc, a Subcommittee Alternate Expert, said that all countries should 
have the right to exert control over their territories, and to deal with internal 
conflicts. 

And Expert Rajenda Kalidas Wimala Goonesekere said it was important to find a way to 
lay out the moral case for a suitable humanitarian intervention. He added that it was 
even more important that such interventions didn't make bad situations worse. 

The following Governments spoke in exercise of the right of reply: Republic of the 
Congo, Pakistan, Morocco, Nepal, Indonesia, Iraq, India, Colombia, Turkey, Belarus and 
Bhutan. 

The Subcommission will meet in closed session at 10 a.m. Friday, 6 August, to discuss 
methods of work. It will next convene in plenary session at 10 a.m. Tuesday, 10 
August, to discuss the elimination of racial discrimination. 


Press Release 


05.08.99 

SUBCOMMISSION ON PROMOTION AND PROTECTION OF HUMAN RIGHTS HEARS ALLEGATIONS OF 
VIOLATIONS ACROSS THE GLOBE 

The Subcommission on the Promotion and Protection of Human Rights heard this morning 
from non-governmental organizations (NGOs) alleging violations of fundamental rights 
and freedoms in Pakistan, Iran, Mexico, China, Sri Lanka, Australia, the United States 
of America, Morocco, Peru, Colombia, Indonesia, the Congo, Tunisia, Algeria, Turkey, 
and Bahrain. 

The remarks came as the Subcommission began its annual consideration of the 'Question 
of the violation of human rights and fundamental freedoms, including policies of 
racial discrimination and segregation, in all countries, with particular reference to 
colonial and other dependent countries and territories' -- annually one of the panel's 
most contentious agenda items, and the one that draws the most attention from NGOs. 

Among the violations alleged in various countries were religious discrimination, 
ethnic discrimination, discrimination against indigenous peoples, genocide, rape both 
during peace and conflict, discriminatory provisions within legislation, limitations 
on freedoms of movement and expression, genocide, torture and forced disappearances. 
Several speakers decried the presence of armies in civilian situations, saying that 
often had a negative impact on human rights. 

Experts addressing the Subcommission cautioned against the dangers of 'humanitarian 
interventions', saying they could be a pretext under which powerful nations could 
expand their influence and interfere in the affairs of other countries and of the 
United Nations. 

The speakers were Subcommission Experts Fan Guoxiang and El-Hadji Guisse. 

Representatives of the following NGOs delivered formal statements: Association for 
World Education; the Latin American Human Rights Association; the Association of World 
Citizens; the International Peace Bureau; the Aboriginal and Torres Strait Islander 
Commission; the Indigenous World Association; the International Association of 
Democratic Lawyers; the Centre of Economic and Social Studies of the Third World 
(CHECK PLEASE); the American Association of Jurists; Service, Justice and Peace in 
Latin America; Centre Europe- Tiers Monde and the Commission for Defence of Human 
rights in Latin America; Society for Threatened Peoples; the International 
Organization for the Development of the Freedom of Education; Afro-Asian People's 
Solidarity Organization; the International Federation of Human Rights Leagues; 
Associacion Kunas Unidos por Nabguana; World Federation of Trade Unions; the 
International Union of Socialist Youth; Franciscans International and Dominicans for 
Justice and Pe!
!
ace;
 and the International Institute for Peace. 

Statements ( concerning indigenous peoples only) 

MARCELINO DIAZ DE JESUS, of the Latin American Human Rights Association, said the 
Subcommission last year adopted a resolution on human rights and fundamental freedoms 
in Mexico. A year had gone by, and unfortunately, the situation had not changed. There 
were serious violations of human rights. None of the problems had been solved. 
Measures had not been taken to combat discrimination. This increased the fears of 
certain portions of the population that there would never be justice. 

Recently, there was public recognition of torture. According to the Mexican National 
Commission of Human Rights, torture had continued. Last year, it was announced that 
there would be a study on discrimination against indigenous women. The taking of 
hostages and rape of women in military camps went on constantly. There had also been 
sterilization of some men. The Association asked the Subcommission to adopt a 
resolution requesting Mexico to comply with international instruments on human rights. 



LES MALEZER, of the Aboriginal and Torres Strait Islander Commission, said Australia 
should reopen negotiations with the Aboriginals and Torres Strait Islanders to conform 
to their international commitments. Grave violations of the human rights of the 
aboriginals and Torres Islanders were being perpetrated by the Australian Government, 
which was limiting and impairing the rights of Aboriginals to own their own lands, as 
well as inciting racist behaviour in the Parliament and among the people of Australia. 
It had mis-portrayed the Aboriginal peoples deliberately, and had created an 
atmosphere of anxiety which had increased a feeling of uncertainty and xenophobia. 

This was incompatible with Australia's obligations under the Convention against Racial 
Discrimination. Australia should restart negotiations with the Aboriginals in order to 
find a solution to these problems, and should remove discriminatory provisions from 
national legislation. A resolution to this effect was requested from the 
Subcommission, and a Special Rapporteur should be appointed to monitor human-rights 
violations in Australia. 

RONALD BARNES , of the Indigenous World Association, said independent tribes 
inhabiting an independent territory from Alaska should be granted independent status 
by the United States. There had been a discovery of documents prior to the 1867 Treaty 
of Cession, which clearly refuted Russian title and dominion to Alaska. The United 
States Congress in 1824 had discussed a set of diplomatic communications which gave 
the historical and legal reasons why Russia had not acquired absolute title to Alaska. 
Further, in these memoranda, the United States fully recognized that the indigenous 
peoples of Alaska were independent tribes inhabiting independent territory. 

This series of confidential diplomatic memoranda from the United States to Russia was 
exchanged less than 50 years prior to the so-called 1867 Treaty of Cession. The 
revelation of this information was very significant since the indigenous peoples of 
Alaska were only a third party to the treaty. Therefore, the indigenous peoples of 
Alaska were not legally bound to admit to the treaty. Russia had had no right to sell 
Alaska to the United Staes since the absolute title was recognized to be in the 
dominion of the indigenous peoples of Alaska. 

LAUR SALINAS BERISTAIN, of the Centro de Estudios Economicos y Sociales del Tercer 
Mundo,the Third World Economic and Social Students Centre said the Mexican situation 
should be studied with care. In Mexico, there were negotiations and various sectors 
were working with society. A few years ago there had been an analysis of the legal 
system focusing on the elimination of racial discrimination. There had been a 
discussion with the Government, and local legislation had been improved, focusing on 
women and children. 

Full respect for indigenous rights in Mexico was a demand that had not been met. The 
origin of the problem lay largely with the colonial structure of the Government. 
Indigenous people should be treated equally and given equal opportunities. Responsible 
solutions should be found. Mexican society had shown it was ready to have a dialogue. 
This was a fundamental point of progress. 

ANDRESS PEREZ BERRIO, of the American Association of Jurists, said the permanent 
presence of a large number of soldiers often led to an increase in prostitution and 
alcoholism, as well as civilian deaths during brawls. The United States had continued 
to occupy the island of Vieques, in contradiction opposition to their international 
commitments. This had resulted in pollution of the air and water. In Peru, there was 
no rule of law. The fundamental human rights were not respected, and any opposition 
was brutally repressed, with torture routinely used. The Peruvian authorities should 
remedy the situation, and the international community should express its opinion. 

Human-rights violations in Colombia were not declining. The serious problems of 
Colombia should be solved by Colombia's own people with the help and support of the 
international community, within the context of internationaly recognized legal 
standards. The United States should not interfere in Colombia, whether under the 
pretext of humanitarian action or as a continental intervention, nor should it intrude 
in the affairs of other countries of the region. 

PABLO VAZQUEZ RUIZ, of Service, Justice and Peace in Latin America, said that on 22 
December 1997, 45 members of the organization, mostly children and women, had been 
murdered in Mexico by a paramilitary group. No one had been arrested or convicted for 
committing this atrocity, and there were still soldiers present in the community. When 
people tried to buy coffee in a Mexican community a few months ago, a paramilitary 
group had threatened them and the authorities had done nothing to defend them. 

Education had worsened: children could not go to school because they had been 
displaced. Many of the displaced persons had died because they had very poor housing. 
Everyone of them was fighting for justice, and often they were imprisoned when they 
asked for justice. Death threats were received. There were 10,500 displaced persons, 
and they had not be able to return to their homes because they feared for their 
safety. 

MARIO SAUCEDO PEREZ, of the International Organization for the Development of Freedom 
of Education, said there was concern about increasing violations of human rights in 
Mexico. These abuses had led to instability and affected millions of Mexicans. Some 26 
million lived in conditions of extreme poverty, and 10 million indigenous inhabitants 
suffered from discrimination and lack of financial support. There had been a 
substantial decrease in social programmes. Millions were denied their right to 
education, housing, and life itself. The cultural heritage of the nation had been 
placed at risk. 

Reports by Non-governmental representatives had recounted instances of torture, 
threats, repression against national and foreign human-rights defenders, kidnappings, 
and forced disappearances. There was concern over the presence of the army across the 
country, due to the attendant human-rights violations. A Special Rapporteur should be 
appointed to investigate the plight of Mexico's indigenous people. 

MARGARITA GUTIERREZ, of Association Kunas Unidos por Nabguana, said the violence 
against indigenous people in Mexico, especially women and particularly in the 
militarized zone, affected the role of women and the entire community. Today in 
Mexico, women were working with men on equal footing to achieve equal rights. Last 
year, the Subcommission had adopted a resolution about the human-rights situation of 
indigenous peoples in Mexico. There had been many rapes of women, and considering that 
not all rapes were reported, the figures were alarming. 

The Government argued that the military presence in the affected regions was to 
protect communities, but to protect them from what? They did not need the protection 
that brought rapes, torture and murders. The Association asked for a Subcommission 
resolution to force the Mexican Government to fulfil its obligations under 
international human-rights instruments. The land of Mexico did not need any more 
violence. 

ALEXANDRA AULA,- of Franciscans International and Dominicans for Justice and Peace, 
said the organization felt grave concern over the situation of human rights in Mexico. 
Violations continued while the Government continued to reassure the international 
community that all was well in the country. The situation for women was grave. Reports 
of the rape of indigenous women were still being received. The number of arbitrary 
executions in which the army had participated directly had increased. 

Statistics provided by the Government had been manipulated, with human-rights 
violations such as torture and summary executions being recategorized as wounding and 
abuses of authority. There was an acceleration of militarization in the country which 
was also a matter of concern. 
Reprinted under the Fair Use http://www4.law.cornell.edu/uscode/17/107.html doctrine 
of international copyright law.
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