UNITED NATIONS

COMMISSION ON HUMAN RIGHTS

53rd SESSION

Geneva, 9 April 1997

Statement on behalf of the Transnational Radical Party

UNDER ITEM 10

Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories.

Delivered by Marino Busdachin

Mr. Chairman,

The Transnational Radical Party believes that UN's founding vision of the nations of the world marching towards peace, democracy, human rights and the rule of law is coming to pass. And yet, at the end of the twentieth century - when we see such profound progress across the globe - there is one society which is well on its way to being a tragic exception: the modern and free society of Hong Kong.

Mr. Martin Lee, Hong Kong's elected legislator, came to Geneva a couple of days ago as a citizen of Hong Kong and as an elected representative of Hong Kong people. He brought with him an urgent message about the future of freedom, human rights, democracy and the rule of law in Hong Kong.

In the 1984 SinoBritish Joint Declaration, Britain agreed to hand over six million people - along with the land - to the People's Republic of China. But the Joint Declaration promised a number of key protections to ensure that Hong Kong people and the world would accept the treaty and to ensure Hong Kong's continued prosperity and viability.

The UNregistered treaty specifically guaranteed that under the "one country, two systems" Hong Kong's rule of law and existing rights and freedoms would continue. But instead of maintaining these important rights and freedoms, China's current policy towards Hong Kong can be summed up in a single word: control. Beijing will control all branches of Hong Kong's government: the executive, legislature, judiciary. Press freedom is under siege as well, from intimidatory statements by Chinese leaders and by the impending passage of a new law on "subversion." And once press freedom is gone, no other freedom is safe.

The rule of law depends not only on an independent judiciary, but on good laws which only an elected and accountable legislature would pass. Hong Kong will have appointed legislature which will rubber stamp any laws China wants to control Hong Kong. Already, China's National People's Congress (NPC) has repealed or amended a number of Hong Kong laws, including the most important law we ever passed: the Bill of Rights.

The Bill of Rights Ordinance, which contains all the basic human rights enshrined in the International Covenants of Civil and Political Rights, was enacted in 1991, following the 1989 Tiananmen Square crackdown. The Bill of Rights contains provisions which empower Hong Kong courts at all levels to strike down repressive laws which are inconsistent with the Bill of Rights and thus reassure Hong Kong people that their rights would be protected by law. But these important provisions are now repealed by the National People's Congress in Beijing.

Senior Chinese officials and even Hong Kong's future Chief Executive have said that draconian colonial laws restricting assembly and association will be resurrected and a new law on subversion will be passed by China's appointed legislature.

So, without an elected legislature to pass good laws to ensure rights, and without the Bill of Rights to guarantee freedoms by law, Hong Kong people will have no protections for basic rights and freedoms. In such a scenario, our fear is that it will be impossible to maintain the rule of law.

Mr. Chairman

We appeal to the international community to not turn away from Hong Kong and its 6.5 million people. We asked that the United Nations and world leaders insist on the full implementation of the UNregistered Joint Declaration. We urge the Chinese leaders to return to their original policy of keeping Hong Kong free and autonomous.

Mr. Chairman,

China's treatment of Hong Kong is not unique. As stated in our written statement E/CN.4/1997/NGO/73, China's denial of freedom of opinion in Tibet has existed since 1949, but it has intensified since 1987 when Tibetans began publicly demonstrating against Chinese occupation. Since April 1996, violations have been further reinforced under the aegis of the national "Strike Hard Campaign". Within Tibet, the Chinese authorities have focused on "splittist" individuals, in an attempt to stifle the voices calling for independence and respect for fundamental freedoms. Implementation of subcampaigns, such as the "Patriotic ReEducation" campaign in Tibet has led to widespread arrests and expulsions of monks and nuns who have refused to be "reeducated" along Chinese communist lines.

The Transnational Radical Party calls upon all the members of the Commission on Human Rights to increase their efforts for the respect of the human rights and fundamental freedoms in China. A first step would be to adopt a strong resolution on China at this session.

Mr. Chairman,

Finally, the TRP is extremely worried about the increase of human rights violations in the Federal Republic of Yugoslavia (Serbia and Montenegro), particularly in Kosova, but also in Sanjak and in Vojvodina, and about the situation of the Bulgarian minority.

Despite a number of resolution adopted, the situation of human rights and fundamental freedoms in Kosova continues to be dramatic. In the course of 1996 we registered 14 cases of killings or death in custody caused by firearms or by physical illtreatment perpetrated by the police, army and other law enforcement authorities. In the same time hundreds of Kosovars are under arrest. Most of them have been subjected to cruel and other inhuman and degrading treatment. In fact, Albanians in Kosova do not enjoy any of the fundamental economic, social and cultural rights. The present repression and apartheid infringe upon the sovereignty and integrity of the human person.

In the Eastern area of Serbia, the Bulgarian minority is subjected to a strong harassment. The basic civil and political rights are still not observed. The use of Bulgarian language at school has been abolished, the Bulgarian newspapers are frequently confiscate or suppressed. The basic civil and political rights of this minority are not observed. People are subjected to illegal police detection, illegal confiscation of property, police brutality, arbitrary prosecution, and others violence.

Mr. Chairman, we therefore ask the Commission to adopt a strong resolution that demands the authorities of the Federal Republic of Yugoslavia to stop violence and repression against nonSerb populations.