Human Rights Commission accepts Cuba's invitation to observe its human rights situation, considers first report on mercenaries.

Human Rights Commission accepts Cuba's invitation to observe its human rights situation, considers first report on mercenaries

An invitation from Cuba to observe its human rights situation and the first global report on the use of mercenaries highlighted the forty-fourth session of the Commission on Human Rights, held in Geneva from 1 February through 11 March. The 43-member body also called for highest priority to be given to completion, probably by 1989, of a comprehensive draft convention on the rights of the child.

New Commission Chairman Alioune Sene of Senegal, at the session's opening, said that in a few months the United Nations would celebrate the fortieth anniversary of the Universal Declaration of Human Rights. That document, he said, reflected the aspiration that human rights would serve as a guarantee for peace, which was the natural environment for enjoyment of human rights. The Commission, a subsidiary of the Economic and Social Council, adopted a total of 79 resolutions and 7 decisions on matters ranging from alleged human rights violations in certain countries and regions, to rights of particular groups, including migrants and minorities, to realization of a wide variety of economic, social and cultural rights.

Adopting a resolution on the "Recovery of nations' assets illegally removed by violators of human rights", the Commission asked States concerned to co-operate in the speedy recovery of assets belonging to the peoples of the Philippines and Haiti that it said had been illegally removed by the Marcos and Duvalier families, respectively.

It also noted measures taken and renewed commitments made to advance the realization of the right to adequate housing during the International Year of Shelter for the Homeless in 1987, and expressed its deep concern that millions of people still did not enjoy that right.

On 10 March, the Commission decided by consensus to accept Cuba's invitation to the Commission Chairman and five members to observe first-hand its human rights situation, with unrestricted access to people and facilities. The group was then to report back to the Commission.

The United States had submitted a draft resolution asking the Commission to investigate human rights in Cuba. Cuba had then submitted a text calling for a similar human rights inquiry in the United States, but later both drafts were withdrawn.

Raul Roa-Kouri of Cuba said the decision was a "victory for Latin American unity", adding that Cuba would not be "put on the stand" by a country which had tried to overthrow its Government. The visit would take place as a result of a Cuban initiative, he declared.

Armando Valladares of the United States said the Cuban decision had resulted from pressure from his country. "What we wanted was what we have achieved: an investigation of human rights in Cuba", he said.

Use of mercenaries: a `reprehensible practice'

In 1987, the Commission appointed for a one-year term Special Rapporteur Enrique Bernales Ballesteros to examine the question of the use of mercenaries as a means to violate human rights and impede the exercise to the right of peoples to self-determination.

The Special Rapporteur reported that the problem of mercenarism continued to be an important factor in conflicts of various kinds. Mercenary practices had increased in volume and proportion, had spread from Africa to other continents and had become a more complex phenomenon by virtue of the manifold forms of organization and intervention that had been developed.

He cited a lack of rules of positive international law directly condemning mercenary practices and specifying both the obligations of States in that area and the preventive measures needed against the recruitment, utilization, financing and training of mercenaries. While domestic law of some States prohibited and punished mercenary activities, enlistment in foreing forces, and military training of such forces within their national territory, gaps existed in the legislation of many countries that had facilitated the spread of mercenary practices.

The treatment of mercenaries arrested and tried was not always consistent with international rules and principles. Mercenary practices were still found in Africa, particulary in southern Africa, and reportedly also in Central America and Suriname.

The Special Rapporteur favoured adoption of anti-mercenary policies, drafting an international convention against mercenarism and strengthening national legislation against the offence.

In a resolution, the Commission condemned the increased use of mercenaries for destabilizing and overthrowing Governments of developing States and fighting against national liberation movements. It considered it inadmissible to use channels of humanitarian and other assitance to finance, train and arm mercenaries; and denounced any State that persisted in the recruitment, or permitted or tolerated the recruitment of mercenaries and provided facilities to them for launching armed aggression against other States.

Country situations

The Commission adopted resolutions on specific human rights situations in Afghanistan, Chile, El Salvador and Iran. Texts relating to Equatorial Guinea, Guatemala, Haiti, Kampuchea and Western Sahara were also considered.

The body affirmed the right of Afghan refugees to return to their homes in safety and honour. It also expressed concern over the large number of persons detained without due process of law, while noting a reduction in the number of political prisoners and the release of some prinsoners as a result of limited amnesties.

Afghanistan said the April Revolution had created conditions for the observance of human rights. All fundamental rights were guaranteed by Afghan legislation and the country's new Consitution. Those waging an underclared ware against an independent and non-aligned Afghanistan were violating human rights. The Government and the People's Democratic Party were striving to create peaceful conditions in which the welfare of the individual and society could be pursued with freedom, equality and justice.

The Commission regretted that the situation of human rights and fundamental freedoms in Chile had not improved substantially. The Government was urged to honour requests from all social and political sectors for the peaceful restoration of a pluralist democracy.

Chile said the Commission was trying to upset the institutional process under way in Chile that had been approved by the great majority of Chileans in the 1980 plebiscite. It was the Chilean Government's obligation to carry out its constitutional duty and therefore, in future, it would exercise its freedom to act only in its own interest.

The Commission also expressed deep concern--notwithstanding the progree made--at the serious and numerous violations of human rights which continued to take place in El Salvador. States were asked to refrain from intervening in El Salvador's internal situation and, instead of helping in any way to prolong and intensify the armed conflict, to encourage the continuation of the dialogue between the Salvadorian Government and the insurgent forces until a just and lasting peace was achieved.

El Salvador said there had been noticeable progress in ensuring human rights. Further efforts to protect and promote human rights, despite many difficulties, would be made. Measures had been taken to promote the return of refugees. Preparations for municipal elections were under way.

The Commission expressed deep concern over allegations of grave human rights violations in Iran. Iran was urged to respect and ensure to all individuals within its territory the rights recognized in the International Covenant on Civil and Political Rights, to which it was a party.

Iran said the resolution was motivated by political considerations. The question of the human rights situation in Iran was not even close to needing the Commission's attention.

Other resolutions dealt with human rights situations in Kampuchea, Equatorial Guinea, Guatemala and Haiti.

Southern Africa, occupied territories 

Eight resolutions were adopted on the human rights situation in southern Africa. The United States, the United Kingdom and some other Western States voted against or abstained on most of these texts. Among other things, the Commission condemned the detention, torture and inhuman treatment of children in South Africa and demanded the immediate and unconditional release of all detained children.

Five resolutions were adopted regarding the human rights situations in Israeli-occupied Arab territories. The United States voted against all five, and was joined by other Western Countries on some drafts. The Commission strongly condemned violation of Palestinians' human rights, including opening fire on children, women and civilian men.

The Commission welcomed the entry into force on 26 June 1987 of the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as a major step in international efforts to promote universal respect for and observance of human rights and fundamental freedoms.

In another resolution, the Commission underlined the recommendations of Special Rapporteur Pieter H. Kooijmans, appointed to monitor alleged cases of torture worldwide, pertaining to a system of periodic visits to places of detention or imprisonment, and the establishment at the national level of an independent authority which could receive complaints by individuals about administrative abuses, including torture. It also endorsed his recommendation that Governments and medical associations should take strict measures against all persons belonging to the medical profession who had in that capacity a function in the practice of torture. The importance of trainning programmes for law enforcement and security personnel, especially in countries where torture had been regularly practised under a previous regime, was emphasized.

Other action

Work also proceeded on the elaboration of international standards pertaining to the promotion and protection of the human rights of indigenous populations, on a revised draft declaration on the rights of persons belonging to national, ethnic, religious and linguistic minorities, a draft declaration on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms, a draft convention on the rights of the child, a second optional protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty, and an international convention on the protection of the rights of all migrant workers and their families.

Further attention was to be given to the question of a declaration against unacknowledged detention of persons, as well as to the question of states of siege or emergency, and on a draft body of guidelines, principles and guarantees of the rights of persons detained on grounds of mental ill-health or suffering from mental disorder.

The Commission also:

. Censured the actions of all persons responsible for taking hostages, whatever their motives, and demanded that they should immediately release those they were holding.

. Recognized that there existed in Member States many forms of legal property ownership, including private, communal and State forms, each of which should contribute to ensuring the effective development and utilization of human resources through the establishment of sound bases for political, economic and social justice.

. Called on States to ensure that their national legislation with regard to all forms of property precluded any impairment of the enjoyment of human rights and fundamental freedoms, without prejudice to their right freely to choose and develop their political, social, economic and cultural systems.

. Called upon States to take measures to ensure thorough investigation and detection, arrest, extradition and punishment of all war criminals and persons guilty of crimes against humanity.

. Recommended that the Economic and Social Council invite Member States to draw up a special programme for the prevention of child prostitution, the repression of its exploitation and the social rehabilitation of its victims.

. Recommended that the General Assembly should, when appropriate, proclaim an international year of the world's indigenous populations.