Geneva, 20 August 1998

SUBCOMMISSION, AFTER EXTENDED DEBATE, APPROVES RESOLUTION ON HUMAN-RIGHTS DEFENDERS CONTAINING LIST OF NAMES

Subcommission Also Adopts Measure on 'Developments in Mexico', Creates Sessional Working Group on Transnational Corporations, Requests Various Studies

The Subcommission on Prevention of Discrimination and Protection of Minorities this morning firmly condemned the murders of a series of human-rights defenders around the world, mentioning seven specific names, and requested the High Commissioner for Human Rights to follow up on the situations of eight other persons.

The panel of experts also adopted a resolution on 'developments in the situation in Mexico', requesting Mexican authorities to combat impunity of perpetrators of serious human-rights violations, especially those suffered by numerous members of the indigenous populations, and to guarantee the safety of human-rights defenders. The measure was approved by a secret ballot of 12 in favour, 6 opposed, and 6 abstaining.

The group decided by consensus to create a sessional Working Group on the effects on human rights of the activities and working methods of transnational corporations, and to entrust various Subcommission members to carry out studies on affirmative action; on the rights of non-citizens; on proposals for the work of the upcoming World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance; on globalization in the context of an increase in incidents of racism, racial discrimination and xenophobia; on promotion of the realization of the right to drinking water supply and sanitation; and on the right to food.

Adoption of the Subcommission's resolution on 'human-rights defenders' followed a debate of an hour and a half over details and terms -- whether specific names and countries should be mentioned and whether the term 'human-rights defenders' should be used. Several experts contended that 'human-rights defenders' was not an officially recognized phrase and did not appear in the draft declaration on the topic that had been developed over a decade of negotiations and would soon go before the General Assembly for possible adoption. Others expressed concern that the specific persons proposed for inclusion had not been sufficiently researched to ensure that they qualified as 'human-rights defenders'.

A series of secret ballots was held -- on the title of the resolution, in particular its use of the phrase 'human rights defenders' (20 in favour, 4 opposed, none abstaining), on the second paragraph (17 in favour, 6 opposed, 1 abstaining), on the fifth paragraph (19 in favour, 5 opposed, none abstaining), on the sixth paragraph (22 in favour, 2 opposed, none abstaining), and on the text as a whole (21 in favour, 3 opposed, none abstaining).

Observers for several countries mentioned in the resolution voiced opposition to the specific references, among them Turkey, Tunisia, the Philippines, Myanmar, Honduras, and Nigeria.

In other action, the Subcommission strongly urged Governments to undertake immediately measures to eliminate the practice of forced evictions; sought information from the Secretary-General on United Nations efforts to promote the right to development; and called on States to combat acts of violence resulting from racism, racial discrimination and xenophobia directed against migrant workers and their families.

In a resolution (E/CN.4/Sub.2/1998/L.13) on violations of the rights of human-rights defenders in all countries, adopted by a secret ballot with 21 in favour, 3 opposed and 0 abstentions, the Subcommission urged each State to take any measures necessary within its own jurisdiction to ensure effective respect of their obligations in the field of human rights, and to guarantee to individuals, groups, organizations, associations and organs of society the necessary conditions to exercise freely their activities in favour of the recognition, promotion, and defence of human rights; firmly condemned the murders of José Eduardo Umana Mendoza, lawyer, professor of criminal law, and former member of the Lawyers Collective 'José Alvear Restrepo' and member of the executive council of the World Organization against Torture, in 18 April 1988 in Bogota; Mr. Juan Geradi, President of the Commission of Peace and Justice in Guatemala, in April 1998; Rexhep Bislimi, member of the Council for the Defence of Human Rights and Fr

eedoms, on 22 July 1998 in Pristina, Kosovo, Yugoslavia;

Ernesto Sandoval Bustillo, president of a local branch of the Human Rights Committee of Honduras; Youssef Fethellah, lawyer, human-rights activist, and President of the Algerian League of Human Rights, on 18 June 1994 in Algeria; Luis Amparo Jimenez Pallares, journalist, director of the regional office of the Reintegration Programme and Coordinator of the Redepax peace network, on 11 August 1998 in Valledupar, Colombia; and Patrick Finucane, lawyer and human-rights defender in Belfast, Northern Ireland, in 1989, mentioned in the report of the Special Rapporteur on the independence of judges and lawyers on his visit to the United Kingdom; called upon the Governments concerned not to leave crimes committed against human-rights defenders unpunished and to ensure judgement by a civil tribunal and punishment of the perpetrators as well as compensation of the families of the victims, including for killings which occurred a long time ago; urged each State to take any measures necessary within its own jurisdiction t

o ensure the security of all human-rights defenders who are being repressed, harassed or threatened throughout the world; requested the Government of Myanmar to ensure the security of Aung San Suu Kyi and of members of the National League for Democracy, in particular to guarantee their freedom of movement and expression, and urged the Government to extend to the Special Rapporteur on the situation of human rights in Myanmar an invitation to visit the country; and recommended that the Office of the High Commissioner for Human Rights enquire into the situation and safety of the persons on a list attached to the resolution and inform the Subcommission at its next session.

The list contains the following names: Akin Birdal, President of the Turkish Human Rights Association and Vice-President of the International Federation of Human Rights Leagues; Khemais Ksila, Vice-President of the Tunisian League of Human Rights and of the International Federation of Human Rights Leagues; Ramon Custodio, President of the Human Rights Committee of Honduras; Javier Giraldo, Executive Director of the Intercongregational Commission of Justice and Peace of Colombia; Clement Nwankwo, Director of the Constitutional Rights Project of Nigeria; Destan Rukichi, lawyer, member of the Council for Defence of Human Rights and Freedoms in Pristina, Kosovo; Viktor Kaisiepo, human-rights activist and spokesperson of the West Papua Peoples' Front of Indonesia; lawyers who were members of the Judicial Center of Public Interest of the Philippines; and Pierre Samba, President of the NGO Grand Vision in the Democratic People's Republic of the Congo. The resolution condemns the dissolution by the Government of tha

t country of the Association for the Defence of Human Rights.