Human rights commission condemns hostage-taking, launches study on religious freedom, reviews first report on torture.

Human Rights Commission condemns hostage-taking, launches study on religious freedom, reviews first report on torture

A strong condemnation of hostagetaking, the launching of a new study on religious freedom, and review of a first global report on torture were among the actions taken at the forty-second session of the Commission on Human Rights (Geneva, 3 February-14 March).

The Commission also proclaimed 2 December as the "World Day for the Abolition of Slavery in All its Forms', to be observed annually.

The 43-member body, a subsidiary of the Economic and Social Council, adopted 63 resolutions and 9 decisions on matters ranging from alleged human rights violations in certain countries and regions, to rights of particular groups, including migrants, minorities, and children, to realization of economic, social and cultural rights.

By a vote of 41 in favour to none against with 2 abstentions (Bangladesh, Syrian Arab Republic), the Commission, for the first time, strongly condemned the taking of hostages, "whoever those responsible and whatever the circumstances', and whether the hostage was chosen at random and whether or not he was a national of a State on which it was intended to put pressure.

It also demanded that all persons responsible for taking hostages, whatever their motives, should immediately release those they were holding, and called on States to take any measures necessary to prevent and punish the taking of hostages and to put an immediate end to cases of abductions and unlawful restraint on their territory. Whenever requested by a State, the Secretary-General was to employ all means at his disposal to secure the immediate release of persons held hostage.

In another action, the Commission decided to appoint for one year a Special Rapporteur to conduct factfinding in the field of religious freedom. To be named by the Commission Chairman, the Rapporteur would recommend "remedial measures including, as appropriate, promotion of dialogue between religious communities and their Governments'. It acted by a vote of 26 to 5 (Bulgaria, Byelorussian SSR, German Democratic Republic, Syrian Arab Republic and USSR), with 15 abstentions.

The body also urged States to provide adequate constitutional and legal guarantees for freedom of thought, conscience, religion and belief, and expressed deep concern over reports of incidents and governmental actions in all parts of the world which were inconsistent with the 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.

Another Special Rapporteur, Professor Pieter H. Kooijmans of the Netherlands, appointed in 1985 to monitor alleged cases of torture worldwide, in his first report on that subject to the Commission called torture "the plague of the second half of the twentieth century', which was widespread and occurred in "a rather systematic way' in a number of countries.

"Harsh and brutal' treatment, he reported, had become a habitual concomitant of interrogation during detention. In some cases, equipment for torture was provided through the same channels as equipment for normal services. In some countries, torture seemed to be used to stamp out all traces of political opposition. In other cases, the infliction of severe physical pain was part of the penal system and considered a necessary part of repressive as well as preventive justice.

The Commission decided to continue Professor Kooijmans' mandate for another year, and appealed for contributions to the United Nations Voluntary Fund for Victims of Torture.

The Commission strongly condemned the South African regime for its "brutal repression and in discriminate torture and killing' of opponents of apartheid, and condemned its "wanton acts of aggression and destabilization' against front-line and other neighbouring States.

The Commission also condemned Israel for its policies and practices in occupied Arab territories, reaffirmed the right of the Palestinian people to establish "their independent and sovereign State', and strongly condemned "all the terriorist actions' perpetrated against the Palestinian inhabitants of the occupied territories.

The Commission adopted a number of resolutions on situations in individual countries, including Afghanistan, Chile, El Salvador, Guatemala and Iran. Texts relating to Ethiopia, Equatorial Guinea, Kampuchea and Western Sahara were also considered.

In closed session, confidential communications regarding Albania, Gabon, Haiti, Paraguay, the Philippines, Turkey and Zaire were considered. It was later announced that Gabon, the Philippines and Turkey would no longer be under review.

The Commission approved measures for continuing work or new initiatives relating to the realization of economic, social and cultural rights; the right to development; the rights of migrant workers, children and minorities; human rights and scientific and technological developments; advisory services; and public information. Measures were also approved relating to totalitarian ideologies and practices; unacknowledged detention; use of mercenaries; summary or arbitrary executions; enforced or involuntary disappearances; and mass exoduses.

Theo C. van Boven and Cornelis Flinterman, both Professors of Law in the Netherlands, were elected as a member and alternate member, respectively, of the Sub-Commission on Prevention of Discrimination and Protection of Minorities. Mr. van Boven was formerly Director of the United Nations Division of Human Rights.

Algeria, Nicaragua and Syria were designated as members of the Group of Three on the application of the International Convention on the Suppression and Punishment of the Crime of Apartheid.

Commission Chairman Hector Charry-Samper (Colombia), at the session's opening, said the body must "extirpate abuse and re-establish law'; it must "transform reality without ignoring it'. The Commission should not expect to be loved, but it must be respected. Transgressors of human rights would be more fearful of the Commission if they knew if would adopt a common position regarding transgressions.

In addition to Chairman Charry-Samper, other officers were Denis Daudi Afande (Kenya), Hermann Klenner (German Democratic Republic) and Marc Bossuyt (Belgium), Vice-Chairmen; and Jayant Prasad (India), Rapporteur.

Commission members are: Algeria, Argentina, Australia, Austria, Bangladesh, Belgium, Brazil, Bulgaria, Byelorussian SSR, Cameroon, China, Colombia, Congo, Costa Rica, Cyprus, Ethiopia, France, Gambia, German Democratic Republic, Federal Republic of Germany, India, Ireland, Japan, Jordan, Kenya, Lesotho, Liberia, Mauritania, Mexico, Mozambique, Nicaragua, Norway, Peru, Philippines, Senegal, Spain, Sri Lanka, Syria, Soviet Union, United Kingdom, United States, Venezuela and Yugoslavia.

Country situations

Chile: In a resolution adopted without a vote, the Commission expressed its concern at the persistence of serious violations of human rights in Chile, as described in the Special Rapporteur's report (E/CN.4/1986/2). A legal and political structure, based on the consent of the governed and respecting the full exercise of legal rights, was essential to full observance of human rights in Chile. The Commission appealed to the Chilean Government to respect human rights and to re-establish democratic institutions and the principle of legality in conformity with the Universal Declaration of Human Rights.

The Commission noted with particular dismay the ineffectiveness of government and judicial authorities in preventing the recurrence of abuses by security forces, and expressed special concern over the failure of "the authoritative institutions' to ensure the thorough investigation and prosecution of the many recent unsolved cases of murder, kidnapping and torture as well as the many cases of disappearances.

The United States, which for the first time joined a consensus on the text, said that the Commission had given up accusing that country and had manifested its commitment on behalf of human rights and democratic change in Chile.

Chile said it hoped to overcome its present difficulties and completely remely the situation. However, there was also a political aspect to the problem, one involving negotiations with each of the sectors of the opposition so that the process leading to a transition to democracy could be completed. The resolution adopted contained elements with which Chile disagreed. However, the text implied recognition of the fact that the political process which would lead to settling Chile's human rights problems required dialogue between the Government and a responsible and serious opposition.

Afghanistan: The Commission declared that the people of Afghanistan "continue to be denied their right to self-determination and to determine their own form of government and to choose their economic, political and social system free from outside intervention, subversion, coercion or constraint of any kind'.

It expressed grave concern at the "continued foreign armed intervention' in Afghanistan, and called for the immediate withdrawal of foreign troops from Afghanistan; a political settlement of the situation in Afghanistan...