UNITED NATIONS GENERAL ASSEMBLY 54TH SESSION
Third Committee - Item 116: Human Rights Questions
Statement by H.E Ms Penny Wensley,
Ambassador and Permanent Representative
10 November 1999
Mr Chairman,
It is tempting when looking back over the past year to feel a degree of pessimism about human beings' continuing capacity to violate the human rights of others, despite the efforts of countless individuals, organisations, governments and of the United Nations itself. Grave human rights violations have prompted an international response in both Kosovo and East Timor during the course of the year. Elsewhere, unacceptable levels of abuses continue to be reported. There are times when we wonder what all this says about how far we have really come in the fifty years since the adoption of the Universal Declaration of Human Rights.
However, there are positive signals that the international community is becoming increasingly active in the protection of human rights, particularly where it involves state action beyond national borders.
The Secretary General has articulated this in his vision of a world where the perpetrators of gross violations of human rights are no longer sheltered behind national borders. Australia believes that the maintenance of global peace and security through humanitarian intervention is a fundamental task before the United Nations. The concept of humanitarian interventions of course sits uneasily with notions of sovereignty and national interest. Australia acknowledges this reality, but also considers that one of the challenges for the United Nations is to promote acceptance of a broad view of national interest. This view takes as a starting point that national interests are well served by the adoption of policies that conform with universally accepted human rights norms. When these norms are disregarded and widespread human rights violations occur, it is also in the interests of members of the international community for the United Nations to be in a position to respond effectively when called upon to do so. Deep community interest in human rights protection will ensure this continues to be the case.
Australia's response to the events in East Timor is now a matter of record. The Australian Government remains deeply committed to assisting in the protection of the basic rights of the East Timorese people.
But let us not forget that it was the processes of change in Indonesia itself which allowed the East Timorese to determine their own future. Indonesia deserves credit and recognition for the initiatives it has taken, particularly in difficult economic circumstances, to introduce a more open, participative and accountable social and political system. Australia, like many other governments, has welcomed domestic developments in Indonesia with respect to the broadening of democratic freedoms and institutions, attested to by the holding of general elections in June this year, and the presidential election in October. The historic vote in the national parliament on 20 October revoking the incorporation of East Timor into Indonesia opens a new chapter for Indonesia which we hope will also enable it to play a larger role in promoting the defence of human rights internally and in the region as a whole. Australia warmly welcomes the commitment to uphold human rights made by the new President of Indonesia in his inauguration speech, and his establishment of a separate human rights ministry.
Australia is encouraged by moves in other parts of our region, and elsewhere, to adhere to the standards set down in international human rights instruments. They are too many to list, but we should not be too disheartened by the uneven pace of progress. We know that governments must often exercise great courage in introducing changes, and that to do so can put their own survival at risk. We also know that every country carries its burdens of history and the legacy of actions for which people long dead are responsible.
In our own region, Australia welcomes Cambodia's recent agreement to extend the mandate of the Cambodia Office of the High Commissioner for Human Rights until March 2002, and looks forward to continued cooperation between the Government and the Office in all aspects of its work. We welcome too the recent amendment to the Law on Civil Servants, signalling a commitment to eradicate the problem of impunity for human rights abusers. Australia urges the Cambodian Government to ensure that all those responsible for abuses, both past and present, are brought swiftly to justice, and to take all measures possible to strengthen Cambodia's justice system. Australia encourages Cambodia to place a high priority on resolving the increasing problem of land confiscations in a just manner, and reforming the Land Law and land title system so that the basic rights of all Cambodians are protected.
As the People's Republic of China celebrates its fiftieth anniversary, we see welcome signs of movement towards greater transparency and accountability in its administrative and legal system, as well as continuing efforts to address economic rights through poverty alleviation. Australia strongly supports China's efforts to improve its legal and judicial system, including through practical technical assistance programs. As we have noted in our annual human rights dialogue with China, we would like, to see this progress continued and also reflected in the greater protection of individual freedoms, so that practices like arbitrary detentions and torture become things of the past. We would also like to see an end to the resort to state security and public order legislation to curtail freedoms of association, thought, religion and assembly. Australia takes a particular interest in the protection of the cultural and religious freedoms of minority groups in China, and urges China to observe the principles of the International Covenant on Economic, Social and Cultural Rights, to which it has now given its commitment. We hope there will be early progress towards China's ratification of this covenant and the ICCPR.
The serious human rights situation in Burma is close to the hearts of many Australians. We hope the recent welcome visit by the Secretary-General's Special Representative offers the possibility for progress in the human rights and political situation. In this regard, we acknowledge the Government's efforts to date to facilitate access for the International Committee of the Red Cross in registering prisoners. We also urge the Government to enter into genuine consultations on political reform as soon as possible, which must include the NLD and representatives of the ethnic minorities. Australia is keen to do what we can to encourage an improvement in human rights in Burma and believes it is important to engage the Government to that end. Eventually, we hope to see the development of an independent human rights institution, established according to internationally accepted standards. The visit to Burma by the Australian Human Rights Commissioner Mr Chris Sidoti, was designed to explore the prospects for that possible development.
Mr Chairman,
The continued fighting in Afghanistan is causing untold suffering for the increasing number of displaced people. Australia deplores the intolerable human rights situation of women and girls in Afghanistan as a result of the Taliban's strict social policies. We appeal to all Afghan factions to respect universal human rights standards, and in particular, to ensure that the human rights of women and girls are not violated. We also urge all parties to abide by the principles of international law and allow free and safe access for all UN personnel to deliver vitally needed humanitarian aid.
The refugee and human rights situation in the Great Lakes region remains of concern to Australia. We welcomed the signing by all parties of the 10th July Lusaka Peace Agreement and urge all signatories to implement the provisions of the agreement and work towards a long term solution which is acceptable to all.
We also continue to be concerned at the humanitarian and human rights situation in Sudan. We have been encouraged by the Sudanese Government's decision to extend the ceasefire in Southern Sudan and urge the Government to cooperate with international agencies, humanitarian organisations and the UN Special Rapporteur in order to address the needs of the Sudanese people suffering from the prolonged conflict there.
Australia has been encouraged by President Bouteflika's recent efforts towards reconciliation and the restoration of peace in Algeria. It is our hope that his endeavours will lead to an early end to the tragic loss of life that has occurred as a result of internal turmoil over the past seven years.
Australia continues to be encouraged by President Khatami's emphasis on the promotion of the rule of law and the protection of rights and freedoms provided for in the Iranian Constitution. However, human rights issues remain of concern, especially in relation to due process and the treatment of religious minorities, most notably the Baha'is. In particular, we urge the Iranian authorities to ensure that religious minorities are accorded the full protection of law under the Iranian Constitution.
Australia remains concerned by the restrictions placed on political parties, media, non-government organisations and ordinary citizens in Cuba and urges the government to allow these groups to function freely. We also call upon the Cuban government to conform with international standards related to the arbitrary detention of political activists.
Australia welcomes the priority given by Sir Mekere Morauta's government in Papua New Guinea to reaching a negotiated settlement on Bougainville. We commend all parties for observing a ceasefire since May 1998 and encourage them to continue their work towards a lasting peace. Australia continues to give strong support to the process through our contribution to the International Peace Monitoring Group and our extensive aid program.
Mr Chairman,
On a broader note, I would like to single out two issues on which progress seems halting at best. First, the increasing use in some countries of the death penalty, especially for minor crimes. It is Australia's view that the death penalty is an inhumane form of punishment which violates the most fundamental human right - the right to life. Secondly, we are concerned at the way national security legislation is brought to bear to deal harshly with the peaceful expression of opinion or belief, in a disturbing number of countries. Australia urges all states to sign or adhere to human rights instruments addressing these issues.
Mr Chairman,
Let me assure this forum that Australia will continue to work toward the improvement of rights for all. We believe this can best be achieved through engaging states in constructive dialogue on human rights issues, and through practical assistance, especially in the establishment and development of institutions which guarantee participation and accountability. To this end, Australia strives to promote good governance, with the underpinning principles of sound economic and financial management. We are working with a range of partner countries to deliver practical programs of assistance in the establishment of effective systems of law and justice; the advancement of public sector management; and the development of civil society. We are also active in promoting the establishment and development of national human rights bodies, particularly through support for the Asia-Pacific Forum ofNational Human Rights Institutions.
Australia believes the building blocks for a better world have now been laid for the next century. The United Nations and the various parts of its human rights system can take pride in the contribution they have made to translating into a closer reality the hopes and aspirations of human beings everywhere to live freely and with dignity. Australia is committed to working where we can to make the UN human rights system as effective as it needs to be to fulfil that duty.
Thank you Mr Chairman.