Summary: April 2, 2002: Statement by Ambassador Joaquín Pérez-Villanueva Y Tovar, Head of the Delegation of Spain, on behalf of the European Union at the 58th Session of the Commission on Human Rights. Agenda Item 9: Question of the violation of human rights and fundamental freedoms in any part of the world (18 March-26 April 2002), (Geneva)
On behalf of the European Union, I have the honour to speak on agenda Item 9 of this Commission, concerning the question of the violation of human rights and fundamental freedoms in any part of the world. The Central and Eastern European countries associated with the European Union - Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Rumania, Slovakia, Slovenia - and the associated countries - Cyprus and Malta - have expressed their wish to align themselves with this
statement.
The commitment of the European Union to human rights lies at the very origin of its existence. The principles of freedom and democracy, the respect for human rights and fundamental freedoms and the Rule of Law are incorporated in the EU treaties and were solemnly reiterated on the occasion of the proclamation, in December 2000, of the Charter of Fundamental Rights of the European Union. These principles apply not only to the internal framework of the EU, but also guide the Common Foreign and
Security Policy, which has as a priority their defence and promotion.
The European Union takes action in favour of human rights through initiatives at all levels. This priority has been incorporated in strategies and common positions, declarations and demarches and guides political contacts undertaken with all countries and regions. It is a key consideration in the provision of development aid and respect for human rights is included as an essential element in co-operation and other agreements.
In this approach, the European Union gives special attention to the multilateral dimension of the implementation of human rights. In this framework, we attach great importance to the task of the United Nations Commission on Human Rights. We hope that the work carried out by this Commission will contribute to improving the situation of human rights in all countries, through the promotion of the fulfilment of obligations taken on by all countries when adhering to legal instruments, as well as the
full operational capacity of mechanisms that have been created for this purpose within the United Nations system. Therefore, we once again call upon all Governments to comply fully with their obligations and to co-operate fully with the treaty bodies as well as with the special procedures such as special rapporteurs, special representatives and independent experts of the UN. European Union Member States reaffirm their commitment to co-operate fully with all UN human rights mechanisms.
The European Union is faced with gender inequality, racism, xenophobia and trafficking of persons associated with migratory flows. The Union has a long track record of taking action to promote gender equality. More recently, it has adopted legislation prohibiting discrimination on the grounds of race, ethnic origin, religion or belief, age disability and sexual orientation. However, further action is clearly needed both at national and European Union level to combat discrimination and to
promote equality. The Report on Human Rights which is published annually by the European Union outlines our efforts in this regard and stresses that much remains to be done because, unfortunately, human rights violations still occur in our countries.
The priority that the European Union gives to the promotion and protection of human rights is at the core of its process of enlargement. The thirteen Associated States that take part in this dynamic, positive and already irreversible process are aware that the accession to the Union entails the assumption of a broad acquis, of which the full respect for human rights forms an essential element. The Union looks forward to candidate countries continuing to make efforts in order to increase their
administrative and judicial capabilities in this field to attain the high level required of them as future members.
Beyond its geographical scope and that of its Associated States, the European Union is still particularly concerned at the situation of human rights in Burma/Myanmar, Colombia, the Democratic Republic of Congo, East Timor, Iran, Iraq, the Occupied Palestinian Territories, the Republic of Chechnya of the Russian Federation, parts of South Eastern Europe, Sudan and Zimbabwe. These situations are addressed in the respective initiatives under this and other agenda items that the European Union
proposes to the Commission for consideration and adoption.
Mr Chairman,
Over the last few months, events in Afghanistan have claimed the world's attention. What has happened in this country shows again that totalitarian regimes in which human dignity is systematically ignored give rise not only to suffering for their citizens, but also constitute a threat to international peace and stability. The Afghans were subjected by the Taliban regime to the most serious violations of human rights. Extra-judicial executions and killings, systematic use of torture, widespread
and systematic discrimination against women, elimination of all civil and political rights and the lack of respect for economic, social and cultural rights of the population brought about deep wounds to Afghan society. The serious violations of human rights perpetrated under this hideous regime must not remain unpunished. The Union calls upon the establishment of mechanisms which will ensure nation wide respect for human rights without discrimination, as provided for in the Bonn Agreements. In
this regard, the European Union welcomes the will expressed by the Interim Authority and looks forward to the speedy establishment of the National Human Rights Commission foreseen in those Agreements.
The European Union welcomes the prospects opened to Afghans in this new political period. The European Union will continue to support substantially the tasks of reconciliation and reconstruction of the country. We hope that the actions of the Interim Authority will succeed in creating a framework of stability and prosperity that will help to alleviate the suffering of the population. The Union calls on the Interim Authority and the Emergency Loya Jirga, as provided for in the Bonn Agreements,
to ensure respect for human rights, without discrimination and in accordance with international standards, in particular with regard to the status of women and girls. The European Union is again prepared to help in that process. The European Union reiterates its concern with the fate of refugees and displaced persons. The Union is also concerned about recent reports of continued human rights violations such as ethnic persecution in the North and restrictions on the freedom of the media. These
should be thoroughly investigated, acted upon and the perpetrators brought to justice by the appropriate Afghan authorities.
The European Union is deeply alarmed by the grave deterioration of the situation in the Middle East and has called for the immediate cessation of all acts of violence, including all acts of terror, provocation, incitement and destruction, and for respect for human rights and the Rule of Law; all these concerns and the appeal of the European Union to all parties to the conflict have been expressed in our statement under Item 8 of the Agenda.
Mr. Chairman,
The European Union is deeply concerned about the deterioration of the human rights situation in some countries during the last year. We believe that such negative development frequently entails a risk of destabilisation beyond the borders of the countries concerned.
This risk is particularly present in the case of North Korea, where very extensive, continued and serious violations of human rights take place. We have made these concerns known in our political dialogue with North Korea. We would welcome further discussions on the human rights situation in the country. At the same time we believe that North Korea needs to show a constructive attitude in these discussions which has so far not produced concrete results. In this context, we are deeply concerned
about violations of civil and political rights and the lack of respect for the economic, social and cultural rights in North Korea. In this sense, we urge the authorities to further improve access and working conditions for humanitarian international organisations, including the ICRC, to carry out their work in the country. We urge the North Korean authorities to promptly resolve humanitarian issues, such as exchange visits of separated family members and relatives in accordance with the 15th
June 2000 Summit South-North Joint Declaration. We urge the North Korean Government to fulfil the commitments resulting from its accession to the Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, the Convention on the Rights of the Child and the Convention on the Elimination of all Forms of Discrimination Against Women, and to sign and ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and to ratify the
Convention on the Elimination of All Forms of Racial Discrimination. We urge the North Korean authorities to co-operate with the UN mechanisms that monitor human rights and to provide the required information in this respect. It is also important that North Korea engages in a dialogue with the Office of the High Commissioner for Human Rights. The Union will continue to follow the evolution of the situation of human rights in the Democratic People's Republic of Korea very closely with a view to
considering appropriate action in the relevant forums, including the next Commission on Human Rights.
Mr. Chairman,
The European Union expresses its worries about the situation of human rights to the authorities at all levels of the countries concerned, and it always does so, as a first resort, by means of dialogue. This dialogue, which on many occasions does not bear the expected fruits, does not exempt us from the obligation to denounce human rights violations wherever they occur.
The transformation of China's economy and the ongoing reform of the judicial and legal system during the last two decades have led to significant improvement in the country. However, through its dialogue with the Government of China, the European Union has continued to convey its concern about the continuing violations of human rights in the country. Whilst the EU welcomes some positive developments, such as China's willingness to continue its co-operation with the UNHCHR and the European Union
in the field of legal reform, no significant progress has been made in the overall situation, and the European Union remains deeply concerned about the lack of significant progress in other areas. Widespread use of the death penalty has increased in the framework of the "strike hard" campaign, which has also resulted in further serious infringements of the right of due process of law of detained and accused persons. The Chinese authorities continue to withhold information about the impact of
the campaign. Furthermore, capital punishment is used without respect for minimal legal standards.
The use of torture is still widespread. The deaths of detainees in police custody as a result of ill treatment inflicted are frequent. No progress has been made in reforming the system of administrative detention, including "re-education through labour", which lacks proper judicial process and often entails forced labour. There are still long sentences for the exercise of the freedom of speech, as well as restrictions on the freedom of press, including barriers to access to Internet.
Restrictions on the freedom of expression, assembly, association and religion are still in force. Worship is subject to serious limitations. Particularly worrisome is the treatment given to Christian groups. The persecution of democracy activists, religious practitioners and Falun Gong practitioners is particularly harsh and has led to a great number of cases of torture and deaths in custody. The European Union remains extremely concerned about intensified repression against persons belonging
to ethnic minorities in Tibet and Xingjiang. The fight against terrorism should be pursued with full respect for human rights and fundamental freedoms. It should not be used as an excuse to curb the rights of persons belonging to ethnic minorities. Also of concern is the refusal to give the UNHCR and NGOs access to North Korean refugees. The Union calls upon China to ratify the International Covenant on Civil and Political Rights. The statements made by the Chinese authorities on their
willingness to co-operate with UN special procedures and the ICRC have not yet been translated into any concrete action.
The European Union places great importance on the EU-China human rights dialogue. It appreciates the co-operation of China in this dialogue process. This dialogue is not an end in itself. The European Union expects that this dialogue will produce progress on the ground and measurable results.
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Mr. Chairman,
The European Union is addressing the situation of human rights in a number of countries in the world. The European Union wants to underline that in some of the cases we have noted improvements with regard to the situation of human rights. In others, unfortunately, this was not the case.
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Mr. Chairman,
The European Union welcomes the resumption of the direct talks between the leaders of the two communities in Cyprus that has given a new impetus to the negotiations aiming at reaching a definitive political agreement in Cyprus. The said agreement should provide, as an essential part, for the restoration and full respect for human rights and fundamental freedoms on the whole island. To this end, the Union reiterates its support to the Secretary General in his efforts to reach a comprehensive
solution, just, lasting, functional and consistent with relevant UNSC resolutions. The Union also acknowledges the importance of the work carried by UNFICYP.
The European Union welcomes the process of constitutional and legal reform at present underway in Turkey. It welcomes particularly the amendments to the Constitution adopted by the Turkish National Assembly on the 3rd of October 2001, which it considers a significant step towards strengthening guarantees in the field of human rights and fundamental freedoms. However the Union underlines the importance of effective implementation and enforcement. The Union also welcomes the developments in the
fields of gender equality and limitations of the pre-trial detention periods. Specific restrictions on the use of the death penalty, which in the Union's opinion must be abolished, are also envisaged. Likewise, the Union has also taken note of the coming into force, on January 1st, of the provisions of the Civil Code that aim to put the legal status of men and women on the same level in the family sphere and that eliminate some conditioning factors to the right of association. The Union
stresses the importance of subsequent reforms in order to translate these constitutional provisions into ordinary legislation and changes in the administrative practice. The Union looks forward to the prompt implementation and enforcement, in the spirit of the constitutional amendments, of the recently adopted legislative packages. The European Union also hopes that positive developments in the sphere of respect for rights of persons belonging to minorities will follow soon.
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The European Union welcomes the commitment undertaken by Albania's authorities to respect all human rights including the rights of persons belonging to minorities. Welcoming the legislative reforms in public administration and police, it encourages the Albanian Government to speed up implementation of these reforms. The police should be better acquainted with their human rights obligations, the judiciary should be able to address human rights cases properly, property rights should be duly
implemented and women's rights should be better protected. Further efforts are needed, especially to strengthen the fight against corruption, crime and trafficking of human beings, particularly women, as well as to take appropriate steps towards enhancing border control and surveillance.
The European Union acknowledges that tangible progress with regard to the implementation of international human rights standards has been made in Azerbaidjan since its adhesion to the Council of Europe. Nevertheless, the European Union believes that the existence of political prisoners is in conflict with Azerbaidjan's constitutional provisions on human rights and its international obligations.
The European Union reiterates its concern at the situation of human rights in Belarus. The EU deeply regrets that the elections held in September of last year were not conducted in full conformity with relevant OSCE rules. It particularly deplores the obstacles and pressures to which representatives of the opposition, election observers, independent media and non-governmental organisations were subjected. It further regrets the continued harassment against political opponents after the
presidential elections. The Union underlines the need to allow the OSCE advisory and monitoring group to operate without restrictions in the country. It takes note of the statements made by President Lukashenko expressing the willingness of his country to make all efforts to become a member of the Council of Europe and hopes that these political statements will be followed by specific steps. It insists on the critical importance of respecting the independence of the media. It points out the
urgency of repealing decree nº 8 on foreign assistance. It takes note of the intention of the Belarussian authorities to issue a law establishing the Ombudsman. It hopes that this will represent the first step towards the implementation of a democratic institutional system in which the independence of the judiciary, the autonomy of the legislative power and the Rule of Law will be respected. It urges the Belarussian authorities to implement forthwith the recommendations of the Committee against
Torture formulated in 2000. It hopes that the plans for an eventual moratorium on the use of the death penalty will be immediately put into effect.
The European Union expresses its concern about some recent events in Kyrgyzstan. The EU has deplored the arrest and trial of outstanding leaders of the opposition. The EU welcomes the decision by the Kyrgyz courts to release - at least temporarily - the detained Member of Parliament Beknazarov on 19 March 2002. We hope that this step will contribute to calming the situation in the city of Kerben and the district of Aksy, where violent unrest had been going on recently. The EU regrets the death
of five participants in the protests and hopes that no further violence will occur. The new regulations that hinder the freedom of the press have represented a step back in an evolution that was positive and that we hope will be resumed. The Union urges Kyrgyztan's authorities to adopt as soon as possible the measures recommended by the Committee against Torture in 1999, by the Committee for Human Rights in 2000 and by the Special Representative for the Defenders of Human Rights in 2001.
The European Union is concerned over several negative developments in recent months in Moldova, including the recent suspension of a political party, the lifting of immunity of parliamentarians to be prosecuted for organising demonstrations, attacks on the freedom of expression and harassment of politicians in the autonomous Republic of Gagauzia. Prison conditions and unfair trials are worrying.
The European Union maintains its concern about the violations of human rights in Turkmenistan, especially with regard to freedoms of expression, association and religion. It urges its authorities to undertake the essential reforms towards democracy.
The European Union follows with great attention the preparations for the next parliamentary elections in Ukraine. It welcomes the willingness shown by the authorities of the country to co-operate with the OSCE in observation tasks. It expresses its hope that the electoral process will be conducted with full transparency and within the framework of the essential respect for pluralism. On the other hand, freedom of expression and the independence of the media are still a matter of concern,
especially with regard to the harassment of some journalists and the impunity of the crimes committed against them. Furthermore the European Union welcomes the steps taken in the development of the Ukrainian judiciary towards an independent and stable role in the Ukrainian society. In this context, the EU also looks forward to the adoption of a civil code in Ukraine, together with much awaited procedural codes, to make already adopted legislation operative.
The European Union has followed with special attention the evolution of the situation of human rights in Uzbekistan. It must express its concern about the attacks on the peaceful exercise of the freedom of religion of its citizens. The restrictions imposed on freedoms of expression and association must be eliminated. The Union urges Uzbekistan's authorities to invite the relevant UN mechanisms and rapporteurs in the fields of freedom of religion, torture, arbitrary detentions and defenders of
human rights, with a view to establishing a process of mutual co-operation leading to the necessary improvement of the situation. The Union welcomes recent decisions allowing for the registration of human rights NGOs.
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The European Union maintains its concern about the situation of human rights in Algeria. Although aware of the fact that for many years the country has been facing violent and cruel terrorist actions, claiming more than 100.000 casualties, the Union must reiterate its demand that the legitimate fight against terrorism be developed in the framework of strict respect for human rights and fundamental freedoms. It urges the Algerian authorities to take the necessary measures to this end, taking
concrete measures to combat extra-judicial executions, disappearances, torture, arbitrary detention, impunity and to increase the safety of citizens. It also urges them to increase their collaboration with the UN mechanisms, in particular with its Special Rapporteurs. The Union encourages the path towards political, economic and social reforms, and the dialogue between all the Algerians in order to overcome the crisis affecting the country. The Union calls for the immediate release of all
prisoners of war and calls on all concerned to support international efforts towards this end.
The European Union welcomes the latest developments in Angola and, in particular, the announcement of the cessation of hostilities and ongoing discussions in order to reach a global and durable cease-fire that can lead to a political solution of the conflict. The Union believes that this new opportunity for reaching peace and stability in Angola should be seized by all to bring about a solution to a conflict that for decades has caused impoverishment to its people. The Union deplores the
recruitment of child-soldiers and the suffering inflicted on the civil population. The European Union notes that the consolidation of peace, democracy and human rights in Angola is imperative and can only be achieved with the participation of all in an effort of national reconciliation, and by holding democratic elections in due course, when conditions for this will be met. In this regard, the Union expresses its satisfaction with the commitments made by the Government to work with UNITA and
with the churches, political parties and civil society. The Union, on the other hand, is still very concerned about the humanitarian situation in the country and urges the Government to remedy the suffering of the displaced population, which is one of the largest in the world. The European Union encourages the Government to respect its commitments and mobilise additional resources for the well being of its most needed citizens, in particular by fully implementing the new National Programme of
Emergency. The Union will continue to provide its assistance and is looking forward to working together with the Government in addressing this problem.
The European Union reiterates its support to the Arusha peace process, aimed at achieving reconciliation and normalisation in Burundi. The establishment, on the 1st of November 2001, of the interim Government, as well as an interim Parliament and Senate, marks an important stage to implement this peace process. Nevertheless, violations of human rights are still a matter of grave concern, in the context of the flare-up of violence in the country. Once again, the Union calls upon the confronted
factions to put an end to the use of violence and to join, by means of dialogue and negotiation, the efforts to implement definitive peace. It urges them to remedy the suffering of the displaced population. The Union calls upon the Burundian authorities to adopt the necessary measures to provide the country with a legal and political framework that allows the respect for human rights and the fundamental freedoms of their citizen
The EU insists on the need to clarify the most severe cases of human rights violations that have taken place in Cameroon and, particularly, the disappearance of a group of citizens in Bepanda. It expresses its concern regarding the functioning of the legal system and trusts that the announced improvements will be carried out regarding preventive detention. Finally, it expresses its concern regarding the practice of torture, as was denounced by the United Nations Special Rapporteur, and urges
the authorities of Cameroon to implement the recommended measures.
The European Union deeply regrets the deterioration of the political climate in the Central African Republic. The Union reiterates the UN Security Council's call for political dialogue, national reconciliation and respect for human rights. The Union also notes with concern reports of cases of extrajudicial executions and arbitrary detention.
The European Union has already shown its regret for the many imperfections evidenced in the conduct of the presidential elections held in Chad in May 2001. Likewise, it has taken note of the reports on serious violations of human rights perpetrated in the framework of the confrontations taking place in the north of the country. However, the process of national reconciliation, pursued between opposition parties and the Chadian Government since last January, gives hope for an improvement in the
respect for human rights in the southern region. It reiterates its concern for the functioning of the judicial system, as well as for the restrictions imposed on the free press and the freedoms of expression, association and assembly. It urges the Chadian authorities to redouble their efforts for the parliamentary elections scheduled for this spring to be conducted in a satisfactory manner. In this regard, the European Union welcomes the signature of the agreement of 7th January 2002 between
the Government of Chad and the Movement for Democracy and Justice in Chad. A cease-fire and a general amnesty were declared and the two parties committed themselves to work towards the achievement of peace and security.
While noting some irregularities in the process, the European Union considers that the elections in the Republic of the Congo on the 10th of March indicated the people's clear desire to make a break from a violent past. However, the European Union regrets the deficiencies during the electoral process, particularly the technical problems observed in the registration of electors and the drawing up of the electoral rolls, and hopes they will be redressed in the run up to the upcoming elections.
The European Union hopes that the upcoming local and legislative elections will represent a legitimate expression of the Congolese population's will. On the other hand, the Union expresses its concern about the impunity of some cases of serious violations of human rights perpetrated in the country during its recent past.
Once again, the European Union notes with concern the de facto persistence in Equatorial Guinea of a single-party regime. It regrets that the detention conditions have not improved in prisons, and that reports of ill treatment, torture and arbitrary detention continue. While noting the co-operation extended by the authorities of Equatorial Guinea to the Special Representative of the Commission on Human Rights during his recent visit to the country, the European Union calls upon them to continue
to lend him full support and to implement his recommendations fully.
The situation of human rights in Eritrea seriously concerns the European Union. The arbitrary detention of political opponents and journalists, the closure of the independent press and other violations of civil and political rights are evidence of a deteriorating human rights situation. The Union urgently calls upon the Eritrean authorities to reverse this policy and to set as soon as possible a new date and to put in place the conditions necessary for free and fair, multiparty elections.
The European Union urges the Government of Ethiopia to fulfil its pledges on multi-party democracy and freedom of information, and notes with regret that the recent elections in the Southern Region were not democratic. The Union also calls on the Government of Ethiopia to take recent comments made by the ILO on trade unions and freedom of association into account during discussion of the new Labour Law.
Likewise, the European Union urges the Governments of Eritrea and Ethiopia to continue with their dialogue and to implement the Algiers peace agreements in full, including the immediate release of all remaining prisoners of war. Further, the EU encourages both parties to recognise and implement the decision of the Boundary Commission expected in mid-April of this year.
The European Union closely follows the evolution of the human rights situation in the Gambia. The arrest of members of the opposition parties, human rights defenders and independent journalists carried out during the last months are a source of concern. The Union urges the Gambian authorities to unconditionally respect the integrity of the human rights of the population.
As regards the situation in the Republic of Guinea, the European Union has expressed its concern regarding the conditions in which the constitutional referendum was carried out last November. It urges the Government of Guinea to announce soon a date for the legislative elections in sufficient time for them to be credible, and to create an environment in which free and democratic elections can take place, in particular by establishing an independent electoral commission and inviting electoral
observers. The European Union has expressed its willingness to support the Guinean authorities in the electoral process and would consider favourably a request from Guinea for international observers to monitor the elections.
The European Union closely follows the evolution of the human rights situation in Guinea-Bissau. In this context, the Union appealed to the authorities and institutions of Guinea-Bissau to co-operate and to strengthen their dialogue in order to consolidate peace, national reconciliation and economic development. The new Government and other institutions must be strongly encouraged to act in a spirit of tolerance, in order to promote democracy, the Rule of Law and the protection of human rights,
in accordance with the constitutional dispositions, for the benefit and prosperity of the people of Guinea-Bissau.
The European Union regrets that the situation of human rights in Kenya has not undergone substantive improvements during last year. The attacks on the freedom of association, including opposition meetings and the independence of the judiciary as well as the responsibility of the security forces in cases of ill treatments, are matters of grave concern. The Union welcomes the willingness of Kenyan authorities to tackle in its political dialogue the cases of human rights violations, and urges them
to act firmly, especially controlling and directing police action, in order to guarantee a safe and free environment for the next general elections.
The European Union is gravely concerned about the persistence of military conflict in Liberia and the human rights violations they bring about. Although the Union welcomes the frank dialogue with the Liberian Government in the framework of consultations according to articles 96 and 97 of the Cotonou Agreement on these issues, no real improvements are noticeable on the ground. The civilian population continues to suffer attacks and all types of abuses perpetrated by the combating forces of all
sides, including governmental troops. The European Union urges the authorities of the country to protect the civilian population and the refugees and to adopt all pertinent measures to put an end to the impunity of those who violated and still violate the human rights of the population. The European Union recalls that UN sanctions were imposed upon Liberia in an effort to end its military and financial support for rebel groups in Sierra Leone and the region.
The EU regrets the violence in the aftermath of the presidential elections in Madagascar. The Union welcomes the mediation efforts undertaken by different international organisations since the beginning of the crisis, in order to find solutions to the political crisis in Madagascar. The Union calls for the renewal of dialogue between Mr. Ravalomanana and Mr. Ratsiraka, in order to reach a political solution on the basis of proposals put forward by the latest OAU mission. It calls upon all
political parties and social and religious groups to give notice of moderation and willingness to enter into democratic dialogue, and also appeals to the authorities to respect the will of the country's electorate.
After a period of political and social instability that followed the 1999 general elections, the Union encourages the Government of Mozambique to pursue its contacts with the opposition in the process of national dialogue, with a view to guaranteeing a harmonious climate that allows for the pacific and transparent development of the coming electoral process, both at the local and national level, thus contributing to the consolidation of democracy and the Rule of Law in the country.
Whilst expressing its satisfaction regarding the progress in the democratisation process in Nigeria, the European Union urges the Government of Nigeria to abolish the death penalty, or, as a first step, establish a moratorium. Furthermore, it expresses its concern at inhuman punishments inflicted in some states in Nigeria. The Union expresses also its concern over the impunity of vigilante groups operating in some states which are responsible for operating kangaroo courts and carrying out
summary executions. The European Union, alarmed at rising communal violence, encourages the Nigerian Government to take appropriate measures to calm ethnic and religious tensions which have resulted in thousands of deaths since the last elections.
The European Union supports the putting in place in Rwanda of policies relating to democratisation, decentralisation and the introduction of a new constitution, leading to the end of the period of transition in mid-2003 with free elections and full democracy. The EU urges the Government to bring to justice the authors of crimes perpetrated against political opponents. It has taken note with satisfaction of the activities carried out by the National Human Rights Commission, the Legal and
Constitutional Commission, the Commission for National Unity and Reconciliation and the Electoral National Commission. It urges the Government of the country to guarantee and respect the independence of these bodies. The Union also took note of the development of the local electoral process during 2001, as well as the elections that allowed the designation of the gacaca judges. The European Union remains concerned about the number of people detained in prisons, many who have been held for
several years without files or apparent investigation of their alleged crimes. The mobilisation of gacaca represents a positive development in this regard. In this context, it urges the Rwandan Government to sign and ratify the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The European Union is concerned by some restrictions on civil and political rights and in this respect calls on the Rwandan authorities to allow the right of association and
freedom of expression. Finally, the Union satisfactorily notes that the death penalty has not been applied since 1998, and urges the Rwandan Government to extend such a "de facto" moratorium its commitment to the definitive abolishment of this kind of punishment. The Union urges the Rwandan Government to fully respect human rights and International Humanitarian Law in the territories under their control in the Democratic Republic of the Congo and to fully comply with its commitments under the
Lusaka cease-fire Agreement, the Kampala and Harare disengagement plans and relevant UNSC resolutions.
The European Union notes with satisfaction the progress made during the last year in the Sierra Leone peace process. It reiterates its support for UNAMSIL's action and encourages it to continue to fulfil its mandated tasks, in particular the protection of the civilian population and its election-related tasks. It underlines the importance of the restoration of Government authority over the entire country and the provision of essential services, especially security, to facilitate the unhindered
return of displaced persons and refugees. It urges the Government of Sierra Leone to strengthen the political dialogue both within Sierra Leone and in the Manu River Union, and promote efforts aimed at national reconciliation. The European Union welcomes the commitment of all parties to abandon violence. It condemns the use of child soldiers through forced recruitment or any other means, and the abduction of innocent civilians, especially women and children. It welcomes the release during the
past year of large numbers of child soldiers and abducted persons, and calls upon the Government of Sierra Leone to pay special attention to their needs and those of displaced persons and refugees. It also welcomes recent progress on the Special Court for Sierra Leone and the Truth and Reconciliation Commission and calls upon the United Nations and the Government of Sierra Leone to ensure their effectiveness in bringing to justice those most responsible for crimes against humanity and in
promoting reconciliation. It calls upon the stakeholders to grasp the opportunities brought about by the ending of the conflict and urges their full and effective participation in the political process leading to free and fair elections next May.
The European Union has continued to note with concern the events in Somalia. It exhorts all parties concerned to intensify their reconciliation efforts to end violence and to commit themselves to fight against all forms of terrorism, with full respect for human rights and individual freedoms. The Union welcomes the decision to co-ordinate IGAD´s efforts to assist Somalia in national reconciliation efforts, urging it to resume dialogue and negotiation and to take a constructive part in the
Reconciliation Conference to be held soon in Nairobi. The Union shows its concern for the chaos present in large parts of the country, which provides fertile ground for extremists of all kinds, attacks on civilians and international humanitarian workers. The violations of the rights of women and girls, including the continuity of the practice of female genital mutilation, remains a matter of the most serious concern.
The European Union is still concerned at the restrictions held in Swaziland with regard to the activities deployed by political parties, freedom of association and freedom of the press. The Union encourages Swaziland to address these issues as it begins the process of drafting its new constitution. Likewise, it expresses its concern at recent attacks on the independence of the judiciary and urges the authorities of the country to ratify as soon as possible the Convention on the Elimination of
All Forms of Discrimination against Women.
While welcoming the recent release of the political opposition leader Yawovi Agboyibo, the EU deeply regrets the deterioration of the political climate in Togo. The attitude of the Togolese authorities puts the process of democratisation as laid out in the Lomé Framework Agreement at risk and continues to undermine the prospects for holding elections. Attacks on the exercise of the freedom of the press and defamatory campaigns against the opposition, carried out by the official media, are
alarming. The European Union urges the Government of Togo to guarantee and arrange for the prompt holding of democratic elections.
The European Union has taken note of some recent developments in Tunisia that have resulted in improvements in the field of human rights, in particular, prison reform. Even though the developments with regard to economic and social rights of the population represent a factor for the stability of the country, obstacles to the freedoms of association and expression still exist. The Union is deeply concerned with the harassment to which members of non-governmental organisations are exposed.
Likewise, the conditions in which several trials have been recently held against political opponents for peacefully expressing their opinions constitute a violation of their human rights and question the independence of the Tunisian judiciary.
During the last months, the European Union has continued to examine the evolution of the situation in Uganda. Taking note of the legislative elections last June, the Union encourages the authorities to proceed with good governance reforms, and to support the work of the Constitutional Review Commission. The Union notes its concern over the continued restrictions on the activities of political parties and over the worsening poverty levels in northern Uganda. The European Union reiterates its
position on the responsibility of Uganda and Rwandan troops occupying parts of eastern Democratic Republic of Congo, expresses concern at the violations of human rights and international humanitarian law perpetrated in these areas and stresses that occupying forces should be held responsible for human rights violations in the territory under their control.
The European Union closely follows the situation of human rights in Zambia with concern, especially following an electoral process whose regularity has been questioned before the courts. It hopes the latter will be allowed to act with independence and in accordance with the law, and that the political behaviour of the new authorities will be adjusted to criteria of good governance. On the other hand, it regrets that the recommendations included in the Report on Torture drawn up last year have
not been yet put into practice.
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The European Union welcomed the electoral process held last October in Bangladesh. The Union has noted with growing concern the continuing deterioration of law and order that has visibly expanded over the last year and an apparent increase in reports on violence against minorities and mob justice recently. It trusts that the Government's efforts to end the violence that occurred during and after the electoral referendum and to bring their perpetrators to justice will allow for the stabilisation
of the situation. The Union urges the implementation of effective measures to remedy a situation that negatively impacts the development efforts of Bangladesh. The European Union welcomes the commencement of the legislative process for the creation of a National Commission on Human Rights and urges the Government not to postpone this important step. The Union urges the Government to give priority to the implementation of the 1997 Peace Agreement regarding the Chittagong Hill Tracts. The
European Union strongly condemns the barbarious acts of acid throwing and urges the Government to provide effective protection from this abhorrent crime.
The European Union welcomes the positive developments in the situation of human rights in Cambodia in spite of some serious difficulties, such as a weak Rule of Law, corruption and persistence of a climate of violence in some areas. It encourages the authorities to set up judicial reforms. The Union considers that the Commune elections held on the 3rd of February have marked progress for democracy but that several violent incidents that have tarnished the pre-electoral period also raised some
deep concerns. The European Union remains deeply attached to the setting-up of the Tribunal to judge the human rights violations committed under the Khmer Rouges regime, in conditions that would guarantee its full independence, impartiality and objectivity, so that international standards of justice, fairness and due process are met during the process. The European Union stands ready to assist in this direction and we recognize the need for the UN and the Government of Cambodia to continue to
cooperate on this question.
The European Union has continued to examine the situation of human rights in Indonesia closely. The Union hopes that the country will continue the process of political and economic reform. It welcomes positive developments such as the approval of the autonomy laws for Aceh and Papua, the legislation on the establishment of the human rights tribunals and the Malino peace agreement on the Moluccas. The Union underlines the importance that those tribunals will function according to international
standards. As regards the ad hoc Tribunal on East Timor the Union also hopes that its mandate will be defined to include all human rights violations committed in 1999. The Union would also like to recall the understanding reached between the Indonesian authorities and the former Chairman of this Commission on Human Rights, during his visit to Indonesia, that those responsible for the killing of the Dutch journalist Sander Thoenes will be brought to justice before the said ad hoc Tribunal. The
European Union reiterates its concern regarding violence and human rights violations in various parts of the country, specifically Aceh, Papua and the Moluccas. It notes with concern the increasing intimidation of human rights activists and strongly calls upon the Government of Indonesia to take the necessary action to prevent such intimidation. In this respect the Union urges the Indonesian authorities to clarify the circumstances of the murder of Mr. Theys Eluay and to bring its perpetrators
to justice as soon as possible.
The European Union expresses its concern over the lack of progress in the human rights situation in Laos. The European Union reiterates its concern over the fact that the exercise of political opposition is not tolerated, over the arbitrary nature of some of the arrests and the prolonged detention of several persons for their non-violent exercise of their rights. The Union is particularly concerned at the lack of information about the persons arrested in October 1999 for demonstrating against
the Government. The Union regrets that the signature in 2000 of the two United Nations Covenants on Human Rights have not led to a noticeable improvement in the situation. The Union urges authorities to ratify these instruments and, most of all, to implement them, putting an end to the existing restrictions regarding the freedom of association, expression, assembly and religion.
The European Union takes note of the positive predisposition of the authorities of Lebanon to implement a moratorium on the use of the death penalty, hoping that this form of punishment will be definitively abolished in the near future. The European Union reiterates its concern about the massive arrests that took place in Lebanon in August last year, violating the freedom of expression and information.
The European Union expresses its concern regarding the deterioration of the respect of human rights that is taking place in Nepal due to the growing terrorist activity, including indiscriminate attacks against the civil population by Maoists. The Union urges the end of this terrorist violence and reiterates its condemnation of these types of actions, whatever the pretext. It urges also the Communist Party of Nepal (Maoist) to resume negotiations with the Government and set out its demands in
the framework of the democratic system established in the country's Constitution. It urges the Nepalese authorities to ensure that actions taken by the law enforcement bodies do not result in human rights violations, in the framework of the state of emergency proclaimed on the 26th of November 2001.
The European Union attentively follows the evolution of the human rights situation in Pakistan. It encourages President Musharraf to persevere in his intention to strengthen democratic institutions in the country, including through the implementation of the "roadmap to democracy", and having already implemented elected local bodies, to facilitate national elections next October. However, it regrets the prevalence of major restrictions to political freedoms, which should be lifted, and would
like to emphasise that democratic rule must be fully restored to Pakistan. The European Union expresses its grave concern regarding the resurgence of sectarian violence and intolerance. Encouraged by President Musharraf´s speech on the 12th of January, it calls upon the authorities to take the appropriate and effective measures in order to ensure that members of ethnic and religious minorities enjoy full and equal rights as citizens. It also urges them to suppress the practice of "honour
killings", and to put an end to discrimination against women, thus actively promoting the role of Pakistani women in society. The European Union welcomes President Musharraf's recent decision to commute the death penalty of a hundred youths, and it urges the Pakistani authorities to completely abolish the death penalty. The Union also takes positive note of the restoration of joint electorates and efforts to increase the political role of women in Pakistan. Finally, it urges the Pakistani
authorities to embark on the reform or abolition of the blasphemy laws.
The European Union reiterates its concern about the current tensions between India and Pakistan. We urge both countries to seek ways to return to dialogue on the issues between them, including Kashmir, in the spirit of the Lahore Declaration and the Simla Agreement. The European Union reiterates its condemnation of the terrorist attacks that have taken place in Kashmir and elsewhere, including the 1st of October 2001 attack against the state assembly in Srinagar and the 13th of December 2001
attack on the Parliament building in Delhi. The Union welcomes steps taken by Pakistan against terrorism in the aftermath of President Musharraf´s speech of 12 January and urges Pakistan to continue taking measures to clamp down on terrorist activity emanating from territory under Pakistani control. The European Union also urges India to work to improve the human rights situation in Kashmir, to allow access for international human rights observers to Kashmir and to extend an invitation to the
Special Rapporteur on Torture.
Given the proximity of the national elections that will be held in Papua New Guinea next June, the European Union expresses its concern regarding the state of public safety in the country and trusts that the authorities will be able to create the appropriate conditions in order to hold the elections without violence and that the civil and political rights of the citizens will be protected.
Even if the European Union has taken note of certain improvements in the situation of human rights in Saudi Arabia, there are still reasons for deep concern. The Union welcomes the setting-up of committees on human rights within the framework of three Saudi ministries and hopes that their action will be efficient. It has taken note of the recently adopted law on modernization of criminal procedures. Likewise, it hopes that the spirit of co-operation with the relevant UN mechanisms and
rapporteurs shown by the authorities will materialise in fruitful visits and actions. Nevertheless, the Union deplores the maintenance of restrictions that limit the freedom of expression, assembly, association and religion, as well as inhuman punishments, including the unacceptable modalities in the use of the death penalty, the lack of transparency in trials and the lack of respect for the human rights of detainees to legal and consular assistance. After the accession of the country to the
Convention on the Elimination of all Forms of Discrimination against Women the European Union has called for the withdrawal of the reservations entered into and the Union now reiterates its call to that effect. The situation of women, who remain subject to systematic discrimination, has not improved. The Union encourages the Saudi Government to ratify the two UN Covenants on Human Rights and to thoroughly implement the obligations it accepted when acceding to those other instruments to which it
is a party, such as the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The European Union observes with concern the increase in insecurity and the breakdown of the Rule of Law in the Solomon Islands and calls upon the Government to take decisive remedial action, also bearing in mind that a considerable improvement of the situation is a pre-condition for development.
The European Union welcomes the cease-fire agreement reached in February in Sri Lanka and urges the parties to respect it in its integrity. We encourage the parties, through dialogue, to find a peaceful and lasting solution to the conflict that will satisfy the expectations of all communities. The Union trusts that the cease-fire will create the conditions for a normalisation of the situation in Sri Lanka. The European Union welcomes the efforts to renounce to practices such as censorship,
election violence and other politically motivated violence, torture and impunity, and stresses the need for a sustained effort to respect human rights, putting an end to the serious violations that occurred during the conflict. In this respect, the European Union expects the LTTE to live up to its promises and end its engagement in the forced recruitment of minors. The EU urges all parties to participate in the peace process and to respect democratic principles.
The European Union continues to closely follow the evolution of the situation of human rights in Syria. Despite the release of several hundreds of political prisoners, the closing of two jails for this category of detainees and a certain opening of the media, over the last few months restrictions on civil rights have been maintained, in particular on the freedoms of expression, assembly and association. Ill-treatment and torture continue. The Union expressed its concern about the arrest, last
September, of two Syrian MPs, and the recent conviction of one of them, as well as the arrest of a group of intellectual opponents for an alleged crime of opinion. The Union will continue to encourage all initiatives of the authorities aimed at making progress in political reforms and in the improvement of human rights. In this sense, it urges the Syrian government to ratify the UN Conventions to which it is not yet a party, in particular the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment and the Convention on the Elimination of all Forms of Discrimination against Women.
The European Union has welcomed the reforms of the legal system in Thailand and the country's acceptance of new international obligations regarding the regulation of child labour, as well as the recent establishment of the National Commission on Human Rights. However, it regrets the increase in the application of the death penalty. It notes recent concerns about infringements, formal and informal, on press freedom and urges the Thai authorities to maintain their good record on media freedom in
line with the 1997 Constitution. While understanding the difficulties Thai authorities face, the Union expresses its concern regarding the forced repatriation of some Burmese refugees and encourages these authorities to increase their co-operation with the UNHCR.
The European Union welcomes the reforms of the legal framework being carried out by Vietnam as a step towards the Rule of Law. It maintains its concern, however, about the authorities' disregard for the civil and political rights of the citizens and the violation of the freedoms of expression, assembly and religion. The Union urges the Vietnamese authorities to open their country to co-operation with international humanitarian organisations and with the United Nations human rights monitoring
mechanisms.
The European Union shares the UNHCR concerns over recent actions by the Vietnamese and Cambodian authorities, which have led UNHCR to withdraw from the Tripartite Agreement for the voluntary return of Vietnamese citizens from the Central Highlands. It urges the two Governments to comply with their international obligations and to resume co-operation with UNHCR.
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The European Union is still concerned about the serious deficiencies that characterise the situation of human rights in Cuba. However, the Union notes a few signs of positive movement, such as greater religious freedom and the fact that the death penalty has not been applied for two years. Although the Union notes some progress, we continue to regret that there are still prisoners of conscience on the island. The Union also regrets the fact that the civil and political rights of the population,
particularly the freedoms of expression, association, assembly, information and movement are still ignored by the authorities, and that the authorities refuse to undertake adequate reforms to redress this situation. The European Union urges the authorities to end the harassment against those persons who oppose the regime and to release all persons who are currently imprisoned for the exercise of freedom of speech. It urges the Cuban Government to ratify the United Nations Covenants on Civil and
Political Rights and on Economic, Social and Cultural Human Rights and to formalise a moratorium on the application of the death penalty, prior to its complete abolition.
The European Union acknowledges that some progress has been made regarding the implementation of the Peace Agreements in Guatemala. However, it remains seriously concerned about the slow pace of implementation of those Agreements and about the human rights situation in the country. The continuing threats, intimidation, aggressions and kidnappings as well as lynching, suffered by among other victims, human rights activists, field workers engaged in the research of mass graves, members of the
judiciary and some journalists must be more actively investigated and prosecuted. The impunity of those who violate the human rights of the Guatemalans must be combated. Furthermore, the European Union regrets the widening of the scope for the application of the capital punishment. Likewise, the Union considers it essential to implement in full the recommendations contained in the report of the Commission for Historical Clarification. The Union pays particular attention to the transformation of
the armed forces, where significant reforms are still pending. The European Union also expresses deep concern at the re-emergence of paramilitary groups.
The EU expresses its deep concern about the deterioration of the human rights situation in Haiti, in the context of the political crisis existing in the country since the elections of May 2000. The EU strongly condemns the violence and intimidation which some members of the opposition parties, journalists, media and human rights organisations have been subjected to. It urges the Haitian government to act with the greatest diligence to implement paragraph 4 of OAS Permanent Council Resolution
806 with a view to re-establishing a security climate which will create the necessary conditions to allow the resumption of the negotiations led by the OAS, aimed at reaching a political settlement with Democratic Convergence.
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Mr. Chairman,
The ongoing struggle against the retention of the death penalty in many countries is one of the fundamental objectives of the European Union in the field of human rights. The Union strongly advocates the universal abolition of this kind of punishment, which we consider cruel, inhuman and degrading. We are pleased that an important number of States are complying with a de facto moratorium on its use, and encourage that this example spreads so that capital punishment may be definitely abolished.
We invite those States that maintain this form of punishment to limit it to the most serious crimes, and to apply it always pursuant to international standards, so that capital punishment may not be imposed on persons below 18 years of age at the time of the commission of the crime, to pregnant women or new mothers or persons suffering from mental disorder.
Thank you, Mr. Chairman.
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