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UN Commission on Human Rights rejects draft resolution on Zimbabwe
UN Commission on Human Rights
Extract from UN Press release
April 15, 2004

The Commission on Human Rights acted on a series of draft resolutions on country-specific situations this afternoon, approving by roll-call vote measures criticizing human rights matters in Cuba, Turkmenistan, the Democratic People's Republic of Korea, and Belarus.

Through the resolutions on the Democratic People's Republic of Korea and Belarus, it decided to appoint Special Rapporteurs to investigate human rights issues in those countries.

Draft measures on situations in the Chechen Republic of the Russian Federation, Zimbabwe, and China were defeated, the last two on no-action motions.

In a resolution on the situation of human rights in Cuba, adopted by a roll-call vote of 22 in favour and 21 opposed, with 10 abstentions, the Commission considered that the Government of Cuba should refrain from adopting measures which could jeopardize the fundamental rights, the freedom of expression and the right to due process of its citizens, and, in that regard, deplored the events which occurred last year in Cuba involving verdicts against certain political dissidents and journalists, as reported internationally; and expressed the hope that the Government of Cuba would continue its efforts to boost religious freedom and would initiate measures designed to facilitate the transition towards the establishment of a fruitful dialogue with all schools of thought and organized political groups in Cuban society.

A Representative of Cuba termed the measure a new episode in the farce that the United States Government had been forcing through the Commission for more than a decade, and said Cuba steadfastly refused such a spurious attempt to condemn the country.

In a resolution on the situation of human rights in Turkmenistan, adopted by a roll-call vote of 25 in favour and 11 opposed, with 17 abstentions, the Commission, among other things, expressed grave concern at the persistence of a governmental policy based on the repression of all political opposition activities; the abuse of the legal system through arbitrary detention, imprisonment and surveillance of persons who tried to exercise their freedoms of thought, expression, assembly and association; restrictions on the freedoms of information and expression; and discrimination by the Government against ethnic Russian, Uzbek and other minorities.

In a resolution on the situation of human rights in the Democratic People's Republic of Korea, adopted by a roll-call vote of 29 in favour and 8 opposed, with 16 abstentions, the Commission, among other things, expressed deep concern about continuing reports of systemic, widespread and grave violations of human rights in the Democratic People's Republic of Korea, including torture, public executions, extrajudicial and arbitrary detention, imposition of the death penalty for political reasons, the existence of a large number of prison camps and the extensive use of forced labour; all-pervasive and severe restrictions on the freedoms of thought, conscience, religion, opinion and expression, peaceful assembly and association; and continued violation of the human rights and fundamental freedoms of women. Through the measure, the Commission also requested its Chairperson to appoint a Special Rapporteur on the situation of human rights in the Democratic People's Republic of Korea.

A Representative of the Democratic People's Republic of Korea said the draft resolution had no value for discussion at all, but its nature should be highlighted as it was a product of politicisation and selectivity that had nothing to do with human rights.

In a resolution on the situation of human rights in Belarus, adopted by a roll-call vote of 23 in favour and 13 opposed, with 17 abstentions, the Commission expressed deep concern at reports from credible sources implicating senior officials of the Government of Belarus in the forced disappearance and/or summary execution of three political opponents of the incumbent authorities and of a journalist; about the electoral process and legislative framework in Belarus, which remained fundamentally flawed; about continued reports of arbitrary arrests and detentions; about persistent reports of harassment and closure of non-governmental organizations, national minority organizations, independent media outlets, opposition political parties, and independent trade unions; and about increased restrictions on the activities of religious organizations. The Commission decided to appoint a Special Rapporteur on the situation of human rights in Belarus.

A Representative of Belarus said the attempt to appoint a Special Rapporteur was a mere attempt to divert the Commission from the consideration of true mass violations of human rights such as were occurring in Iraq; and that the Commission once again found itself being used as the tool of the political interests of certain Member States.

The Commission rejected, by a roll-call vote of 12 in favour and 23 opposed, with 18 abstentions, a resolution on the situation of human rights in the Republic of Chechnya of the Russian Federation.

By a roll-call vote of 27 in favour and 24 opposed, with 2 abstentions, it passed a no-action motion on a draft resolution on the situation of human rights in Zimbabwe, thus ending consideration of the matter.

And by a roll-call vote of 28 in favour and 16 opposed, with 9 abstentions, the Commission approved a no-action motion on a draft resolution on the situation of human rights in China, thus ending consideration of the matter.

In a resolution on cooperation with United Nations human rights bodies, adopted by consensus, the Commission urged Governments to refrain from all acts of intimidation or reprisal against those who cooperated with Representatives of United Nations human rights bodies, or who provided testimony or information to them.

The Commission will reconvene at 10 a.m. on Friday, 16 April, to continue with the general debate under its agenda item on the promotion and protection of human rights. Later in the morning it is expected to consider draft resolutions and decisions tabled under its agenda item on economic, social and cultural rights.

Action on Resolutions and Decisions on the Question of the Violation of Human Rights in Any Part of the World

The Commission passed by a roll-call vote of 27 in favour and 24 opposed, with 2 abstentions, a no-action motion on a draft text on the situation of human rights in Zimbabwe (E/CN.4/2004/L.33).

The resolution would have expressed deep concern at what it said were continuing violations of human rights in Zimbabwe, in particular politically motivated violence, including killings, torture, sexual and other forms of violence against women, incidents of arbitrary arrest, restrictions on the independence of the judiciary and restrictions on the freedoms of opinion, expression, association and assembly; and at the failure to allow independent civil society in Zimbabwe to operate without fear of harassment or intimidation; and would have urged the Government of Zimbabwe to take all necessary measures to ensure that all human rights were promoted and protected.

The vote was as follows:

In favour (27): Bahrain, Bhutan, Burkina Faso, China, Congo, Cuba, Egypt, Eritrea, Ethiopia, Gabon, India, Indonesia, Mauritania, Nepal, Nigeria, Pakistan, Qatar, Russian Federation, Saudi Arabia, Sierra Leone, South Africa, Sri Lanka, Sudan, Swaziland, Togo, Uganda and Zimbabwe.

Against (24): Argentina, Armenia, Australia, Austria, Chile, Costa Rica, Croatia, Dominican Republic, France, Germany, Guatemala, Honduras, Hungary, Ireland, Italy, Japan, Netherlands, Paraguay, Peru, Republic of Korea, Sweden, Ukraine, United Kingdom and United States.

Abstentions (2): Brazil and Mexico.

ROGER JULIEN MENGA (Republic of Congo) called for a no-action motion, given that the situation in Zimbabwe was once more being discussed for reasons completely unrelated to the situation of human rights in that country. The Government had been demonized because of its redressing of the uneven distribution of land that had been perpetuated since colonial days. Moreover, it should be noticed that the former colonial power, which had promised to fund land redistribution, had gone back on its promise and had attempted to coerce the Government to change its policy. The draft resolution would only spread slander and accusation and the African Group therefore urged the authors to open real negotiations with Zimbabwe and to avoid this path of confrontation. It was recognized that Zimbabwe had some problems, but those issues should be addressed nationally and, possibly, regionally or at the continental level.

JUAN ANTONIO FERNÁNDEZ PALACIOS (Cuba) said the resolution on the human rights situation in Zimbabwe was totally unrelated to human rights. It was related to land and was aimed at undermining the right of the heroic people of Zimbabwe to land. The text was a deceptive one. The European Union, among which were former colonial powers, did not realize the situation on the ground. The resolution was a new ploy brought about by the European Union. Cuba would vote in favour of the no-action motion.

RICHARD S. WILLIAMSON (United States), said the Government of Zimbabwe continued to conduct a concerted campaign of violence, repression and intimidation against its citizens, clearly demonstrating the leadership's gross disregard for the full range of human rights. Within the Commission, Member States had the responsibility to consider the substance of resolutions and not to play the procedural game of using "no-action motions". These motions amounted to approval of the human rights abuses being perpetrated by nations that disregarded the fundamental principles of the Commission. The world community should resolutely condemn the repressive policies of the Mugabe regime that denied the Zimbabwean people their inalienable human rights, and should publicly express its support for and solidarity with the Zimbabwean people.

SAIDU BALARABE SAMAILA (Nigeria) said Nigeria had been intensively engaged in Zimbabwe, and was committed to a peaceful solution for the country, both at the Commonwealth and African level. Dialogues had been held between the opposition and the Government, and these should bear fruit soon. Nigeria appreciated that nation-building was an arduous task. It was important that the Commission encourage these efforts that were committed to justice and healing in Zimbabwe, and that it sustain them, in order to enjoy the confidence of all. There was a need for objectivity and transparency in the work of the Commission. All should join hands in the dialogue with Zimbabwe and avoid any action that might continue the isolationist trend related to the country. In the light of these views and without prejudice to Nigeria's commitment to human rights and fundamental freedoms, Nigeria would endorse the position of the African Group on the no-action motion.

MARY WHELAN (Ireland), speaking on behalf of the European Union, said that, as previously indicated, the Union would oppose all no-action motions and would urge all those upholding the freedom of expression to join it in this stand. The members of the Commission should not seek to evade their responsibility to give a fair hearing to all motions.

CARLOS ANTONIO DA ROCHA PARANHOS (Brazil) said Brazil expressed its growing concern over selectivity and country specific resolutions. Such resolutions intervened in the process of dialogue. Brazil's vote would reflect its position on resolutions that did not reflect the spirit of the Commission.

LI BAODONG (China) said China was opposed to the draft resolution on Zimbabwe. In its history of 24 years of development, Zimbabwe had made great progress. The people of the country enjoyed the rights to education, health, and other human rights. However, the relics of colonialism caused difficulties. The Commission should help Zimbabwe to enjoy stability and development and should not table a resolution full of distortion and humiliation which would dampen the enthusiasm of a developing country eager to ensure human rights. The no-action motion was entirely appropriate, and China would vote in favour of it. The African countries understood Africa best and were in the best position to speak for African countries. The resolution had nothing to do with the promotion and protection of human rights. It was the product of the politicisation of international standards.

CHITSAKA CHIPAZIWA (Zimbabwe) said this was not the first time a draft resolution had been considered on the human rights situation in Zimbabwe. Every other time, the Commission had wisely rejected these "dreadful beasts dressed as cuddly lambs". There was a lingering dispute between Zimbabwe and the United Kingdom on the issue of land reform, but this was not the appropriate forum in which to address the matter. Any human rights problems in the country were not out of the ordinary and allegations on that front should not take up any more of the Commission's attention. Therefore, the no-action mission was an appropriate step to take. Moreover, unlike some of the fancy statements designed to dazzle Commission members, the step of tabling a no-action motion was a completely permissible action to take.

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