Item 9: Question of the Violation of Human Rights and Fundamental Freedoms

Question of the Violation of Human Rights and Fundamental Freedoms in any Part of the World – Equatorial Guinea, Indonesia and East Timor

Mr. Chairperson,

Pax Romana welcomes the report of Mr Gustavo Gallón, Special Representative of the Commission on Equatorial Guinea (Document E/CN.4/2001/38). The present government, while being under the technical assistance programme of the Office of the High Commissioner for Human Rights, has regrettably refused to receive the Special Representative within its territory. However, the situation of human rights has hardly improved, particularly the condition of the detainees subjected to inhuman treatment, torture and all kinds of pressure including extortion. And, when the detainees belong to other ethnic groups, like the Bubi, the situation is even worse.

At the beginning of March 2000, 41 detainees belonging to the Bubi ethnic group were transferred to a prison on the mainland. This, taking into account that a detainee's situation in Guinea means an economic effort to his family, implies in the case of Bubi people, a major effort because they have to support transportation costs, food and lodging expenses. The total amount is about 420.000 FCFA, and the average salary of a Guinean is 30.000 FCFA, provided he/she is not a Bubi (then the violation of the right to work is another to be added to the list.)

During the last quarter of 2000, both Bubi and Fang detainees were transferred to Bata (mainland part of the country). Thus, the Fang people were taken closer to their place of origin, where they can be better attended to by their families and this helps them to emotionally bear the harsh conditions of an imprisonment situation. All the contrary happens for the Bubis, as they are taken further from the Bioko island.

The recommendations by the Commission as well as the requests by the Special Representative to visit Equatorial Guinea continue to be ignored. The European Commission has also asked the Equatorial Guinea government to invite the Special Representative and they have been ignored. Given these situations of deprivation existing in Equatorial Guinea, both as regards the civil and political rights and Economic, Social and Cultural rights, Pax Romana urges the Commission;

1. To renew the mandate of the Special Representative for a year with the tasks of monitoring both the situation of human rights as well as an impact assessment of the technical assistance received.
2. To urge the Equatorial Guinea government to comply with the Commission`s recommendations, as well as to ratify the core treaties and the relevant ILO Conventions
3. To urge European countries particularly Spain, to comply with their commitments as regards the situation of human Rights in Equatorial Guinea
4. To urge the government of Equatorial Guinea to recognize the different ethnic groups that live in the country

Mr. Chairman

The prevailing situation in Indonesia can be characterized as one of political chaos and bloody unrest with the State authority unable to provide both security and governance to its own citizens. Human Rights violations continue to reach unacceptable levels, amply presented in the reports prepared by the Working Group on Enforced or Involuntary Disappearances (E/CN.4/68, para 62), the Special Rapporteur on Extra-judicial Killings (E/CN.4/2001/9, Para 36, 43, 55, 57, 74 and 115), the Working Group on Arbitrary Detention, Torture, etc. The Working Group on Disappearances registered the highest number of cases, totaling 29 in Indonesia for the year 2000.

In most of the cases, the government has been a bystander, ignoring its responsibility in providing protection to civilians from violence and killings by militia groups. As the Special Rapporteur on Extra-judicial killings points out in paragraph 55 of her report, "..unofficial use of irregular forces appears to have become part of government policy". Church sources have pointed out "how the religious and ethnic tinderbox of Indonesia is being sparked by extremists manipulated by the armed forces and their corrupt business allies". In the last two years, nearly 4,730 people have lost their lives in the Moluccus islands. The people in the Indonesian provinces of Aceh, West Papua and recently Kalimantan continue to suffer from gross and systematic violations. On the economic front, out of 90 million employable labour, nearly 30 million of them remain unemployed.

All these facts point to the conclusion that, "impunity continues as an entrenched political culture" and that, "to bring those responsible to justice" (as contained in the Chairman`s Statement of the 56^th Commission), remains a dead letter. More disturbing is the situation of the East Timor refugees in West Timor. The Personal consultant of the High Commissioner was refused access by Indonesian authorities. Hence, "the decision by the government to set a deadline and to take all necessary measures for the refugees to express freely their choice" as well as "to enhance the security and the safety in refugee camps" remains unfulfilled. Moreover, as per recent information, the office of the UNHCR is winding down its operation and will shut down by the end of the year " (The Observer, 1 April 2001). The refugees remain scattered in more than 220 locations. The UNHCR has had no access since September last year (2000). Besides lack of basic necessities, intimidation and abuse continue in these locations. We are all well aware of the horrendous tragedy in East Timor, where "it took only three weeks to reduce that Country to burnt ruins and to drive a third of its population over the border". One of those responsible, Eurico Guterres was arrested, indicted and released. The charges were related to illegal possession of firearms (E/CN/2000/9, Para 57). Those who have come forward to carry out human rights activities in Aceh, West Papua and Mahha islands continue to face threats and violence.

In this context, Pax Romana calls upon all the member States of the Commission, without undue delay;

1. To establish an international tribunal as recommended by the International Enquiry Commission and the three Special Rapporteurs to bring to justice the perpetrators as well as to expedite adequate reparations to the victims both within Indonesia and in East Timor.
2. To initiate an internationally supervised mechanism of processing and return of East Timor refugees held in West Timor,
3. To urge the Indonesian Government to comply with the recommendations proposed by the various Special Procedures mechanisms based on their respective visits and to provide the Commission with adequate reports on implementation of those recommendations.

Thank you, Chairman.