Item 2 : Questions of the violations of human rights and fundamental freedoms

Questions of the violations of human rights and fundamental freedoms, including policies of racial discrimination and segregation, in all countries, with particular reference to colonial and other dependant countries and territories

Mr Chairman,

Pax Romana welcomes the Human Development Report 2000 that categorically states that `Inclusive Democracy Secures Rights for All' (chapter 3). This millennium is the time to ensure that democracy be based on human rights.

The Commission on Human Rights has mandated the Sub-Commission "to discuss urgent matters involving serious violations of human rights", and furthermore the opening speech of Mrs. Mary Robinson attests to the fact that "instances of serious violations of human rights remain a source of deep concern....in many countries such as that of Indonesia".

INDONESIA

In his briefing to foreign ambassadors in Jakarta on 7 July 2000, the Foreign Minister of Indonesia noted that problems in conflict areas like Aceh are caused by injustices and grave violations of human rights. Also, as the chair noted in her Statement made during the 51st Session of the UN Sub-Commission, the Indonesian government committed to bring the perpetrators of human rights violations to justice.

Pax Romana deeply regrets the fact that this commitment has not been realised yet. Despite the investigations that have been conducted, the case of the May Riots in 1998 and the Semanggi cases are two of a number of cases where those responsible for human rights violations have not been brought to justice. In the Beutong case, West Aceh, Lieutenant Colonel (Inf.) Sudjono, an important witness was not brought to the court. It shows that cases on human rights violations do not touch high ranking officers who were allegedly responsible for the violations. Putting an end to impunity is indeed a big factor for Indonesia's democratisation process and reconciliation.

The deterioration of security in conflict areas has resulted in about half a million persons, mostly women and children, becoming refugees. In Aceh alone, at the end of July 2000, there were 23,806 such persons of whom 8,700 are children. These children have lost their right to education, play, health-care, nutrition and security. We urge the Indonesian government to allow humanitarian relief organisations to have access to these people.

Recalling the Statement of the Chairperson of the 51st UN Sub-Commission, we would also like to urge the Indonesian government to realise its commitment to ratify the ICCR and ICESCR. The Indonesian government must implement its commitments to the Convention Against Torture which it has ratified.

ZIMBABWE

The Human Development Report 2000 mentions that there are four defining factors of a democracy based on human rights. One of its features is that the holding of free and fair elections contributes to the right to political participation. [Human Development Report 2000, p. 56].

Bearing this in mind the attention of the Sub-Commission members is drawn to Zimbabwe prior to and after the general elections of 24 to 25 June 2000.

During the run-up to the elections, various atrocities were committed with impunity by politically sponsored hooligans, the majority of whom were members of the ruling party. The atrocities that were reported in the press were investigated and are documented by a number of NGOs and these included the following; rapes, severe beatings, physical and psychological torture and intimidation, burning of homes of known and suspected opposition supporters, kidnappings and killing of up to 30 people, most of whom were members of the opposition. The result of all this was the closure of schools, clinics and stoppage of work on the occupied farms, farm workers, teachers and nurses running away to seek refuge from the beatings and killings as the police could not enforce the law.

During the elections, sanity prevailed but after the elections, to this day, farm invasions and unrest continue. The General Agricultural and Plantation Workers' Union report that more than 8,000 of their members have not resumed their work due to the continuing harassment by the so called war veterans. One election agent who was kidnapped during the run-up to the elections has still not been located. The land question remains unresolved. Despite policies to regain powers to enforce the law, many perpetrators of the nations pre-election violence are still at large.

States must develop a mechanism to adequately protect human rights. Pax Romana therefore appeals to the government to respect the rule of law, bring to book all the perpetrators, tackle the land question with all stake holders, including members of the opposition, churches, etc. once and for all, and not use it as a political ploy and a racial issue as is the case now.

Another feature of democracy based of human rights is to encourage an open civil society that contributes to the fulfilment of the right to peaceful assembly and association [Human Development 2000 report, p. 56]

MALAYSIA

In Malaysia the right to freedom of assembly has been systematically denied for years. On 4 August, the verdict-date for the court case of deposed deputy prime minister Anwar Ibrahim, thousands of supporter, civil society groups and opposition political parties have decided to stage a peaceful gathering in the vicinity of the court house.

The newly-formed National Human Rights commission has openly stated that the public have a right to peaceful assembly and thus requested the police to allow peaceful demonstrations. Despite this statement, the police and government are threatening action against all those intending to gather on that day; justifying its denial of this freedom, with legal arguments.

States should not be allowed to continue to perpetrate systematic violations as we start this new millennium and Pax Romana urges and encourages the Sub-Commission to continue monitoring all systematic violations in all parts of the world.

Thank you Mr Chairman.