ARMED CONFLICT IN THE WORLD TODAY:

A COUNTRY BY COUNTRY REVIEW

 

 

Prepared by

Karen Parker, J.D.

Anne Heindel, J.D.

Adam Branch

for

Humanitarian Law Project/

International Educational Development

and

PARLIAMENTARY HUMAN RIGHTS GROUP (UK)

SPRING 2000

 

ISBN 1 901053 05 9

Free reproduction rights with citation to the original.

This report was partially funded by a grant from Association of Humanitarian Lawyers.

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Humanitarian Law Project/International Educational Development, Inc. (HLP/IED) is a non-sectarian, non-governmental organization granted consultative status at the United Nations by Dag Hammarskjöld. IED, originally founded by Jesuit brothers to assist hospitals and schools in developing countries, merged in 1989 with Los Angeles-based HLP and broadened its scope to advocate and promote world-wide compliance with humanitarian and human rights law.

Parliamentary Human Rights Group

The Parliamentary Human Rights Group was founded in 1976 as an independent forum in the British Parliament concerned with the defense of international human rights. It now has over 100 members from all parties in both Houses of Parliament. The group undertakes human rights missions, publishes discussion papers, receives visitors and engages in dialogue with the UK Foreign & Commonwealth Office, and with international bodies to which the UK belongs. The chair is Ann Clwyd MP.

Karen Parker specialises in human rights and humanitarian law. She is HLP/IED chief delegate to the United Nations. Anne Heindel works with HLP/IED on issues of humanitarian law and self-determination. Adam Branch is a graduate student in Political Science at Columbia University.

Additional copies of this report may be obtained by contacting:

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Lord Avebury

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Arabic copies of the 1997 report may be obtained from

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Table of Contents

Preface to 1999 Edition by Lord Avebury, Vice-Chairman, Parliamentary Human Rights Group UK*

INTRODUCTION *

ACHEH *

AFGHANISTAN *

ANGOLA *

BOUGAINVILLE/PAPUA NEW GUINEA*

BURMA *

BURUNDI *

CHECHNYA/RUSSIAN FEDERATION*

COLOMBIA*

COMOROS*

CONGO, DEMOCRATIC REPUBLIC*

CONGO, REPUBLIC OF*

CYPRUS*

EAST TIMOR*

ERITREA*

ETHIOPIA*

GEORGIA*

GUINEA BISSAU*

IRAN*

IRAQ*

ISRAELI OCCUPIED TERRITORIES AND SOUTHERN LEBANON*

KASHMIR*

KOSOVO*

LIBERIA*

MEXICO*

MOLUCCAS*

RWANDA*

SIERRA LEONE*

SOMALIA*

SRI LANKA*

SUDAN*

TAJIKISTAN*

TIBET*

TURKEY*

UGANDA*

WESTERN SAHARA*

COUNTRIES WITH NASCENT INTERNATIONAL ARMED CONFLICTS*

COUNTRIES IN SERIOUS VIOLENT SOCIAL UNREST*

COUNTRIES WITH CURRENT UNITED NATIONS OBSERVERS/PEACEKEEPING*

APPENDIX*

SELECTED BIBLIOGRAPHY*

 

Preface to 1999 Edition by Lord Avebury, Vice-Chairman,
Parliamentary Human Rights Group UK

1998 witnessed a new international war, between Eritrea and Ethiopia; an escalation of the civil war in Republic of Congo; the eruption of a new civil war in the Democratic Republic of Congo (DRC), with intervention by Angola, Namibia and Zimbabwe on the side of President Kabila, with Uganda and Rwanda supporting the rebels; disintegration of the fragile peace in Angola; intensification of the fighting in Sudan, leading to humanitarian crises in Bahr el Ghazal and the Nuba Mountains; a major offensive by the rebels in Sierra Leone, and continued slaughter of non-combatants in Algeria. Africa has had to endure the scourge of conflict more intensively than other continents. The fighting has been conducted with particular brutality in Sierra Leone, where the rebels randomly hacked off the limbs of civilians in their path, and the ?peacekeeping forces? and their local allies executed suspected rebels without judicial process. The prospects for a negotiated settlement appear dim, as the Nigerians prepare to withdraw following their transition to civilian government - one of the few bright spots on the landscape.

Africa has only weak and ineffective conflict resolution mechanisms, and as noted last year, the sub-regional mechanisms are hobbled by the rivalries of their member states. South Africa?s initial attempt to prevent outside involvement in the DRC was unsuccessful, and the current mediator, President Chiluba of Zambia, is handicapped by Angolan suspicion that Zambia is giving UNITA some military help. In Sudan, the spasmodic IGAD initiatives have come to a halt since war broke out between two of its member states.

In Europe, by contrast, there are plenty of supranational organisations with some conflict resolution capacity, ranging from the OSCE?s High Commissioner for National Minorities who works only in situations not involving violence, through the European Union, the Russian-led CIS and NATO to the OSCE?s Chairman in Office. Yet when it comes to the crunch, as in Kosovo, all these sophisticated institutions plus the US cannot be said to have been more successful than their African counterparts. The Serbian attacks on civilians have continued under the noses of foreign observers, and President Milosevic has sent additional armour and artillery into the territory in breach of the tattered peace agreement he reluctantly signed. The continuation of the 15-year civil war between the Turkish state and the Kurdish-populated southeast region, unnoticed by any of the regional peacemaking authorities, also demonstrates that if an OSCE state of any consequence decides to boycott the available mechanisms, there is no way of bringing it to book. Sanctions can be invoked against little Serbia, and military force threatened if they carry on with attacks on civilians in Kosovo; but when the Turks commit war crimes against Kurds, the international community describes the resistance as terrorists. We need to develop a more consistent taxonomy of armed oppositions, and to apply theories of the just war, jus ad bellum, to internal conflicts.

In the Asia-Pacific region, the big question is whether Indonesia will manage the transition to greater democracy and freedom without more and worse violence. Since the downfall of Suharto, they have come to terms politically with the possibility of East Timor?s independence, but the irresponsible creation of a pro-integration militia undermines the UN Secretary-General?s efforts to solve the question peacefully. Acheh and West Papua, both incorporated into Indonesia contrary to UN principles, are demanding a hearing on the world stage.

Most of these conflicts and potential conflicts stem from the UN?s failure to decide what groups qualify as a ?people?, able to exercise the right of self-determination. The incompatibility between the principle of teritorial integrity and that of self-determination was left unresolved, and there was no attempt to create a tribunal to deal with individual cases. Instead, it was left to ?state practice?. If a people managed to assert their right by superior military force, as in Bangladesh or Eritrea, they were accepted as having qualified. That was not a good recipe for world peace.

INTRODUCTION

This is our seventh annual review of current armed conflict situations. As in each report, we remove countries from review if there is no longer armed conflict or risk of armed conflict occurring. For these countries, our earlier reviews may be consulted. Our 1996 and 1997 editions are posted by the Human Rights Interactive Network at www.guidetoaction.org/parker/2000reports.html. Our 1999 and 2000 editions are posted by HLP/IED at http://hlp.home.igc.org.

We are also pleased that the Universite d?Oran, under the auspices of the Prof. Mustapha Mehedi, has issued an Arabic edition of our 1997 review. Professor Mehedi is the honouree of the UNESCO Chair for Teaching and Research and Education for Human Rights, Democracy and Peace.

As in past years? reports, we provide a statement categorising the type of conflict involved, a background of the events leading up the situation today, the current situation, and the relevant action, if any, by the United Nations. We also provide a list of countries whose armed conflicts have been resolved or that have significant social violence which we do not consider to have risen to the level of an "armed conflict" under international law criteria. For those countries we have noted any UN or regional action taken, but have provided only a few exceptionally important citations. We conclude with a list of countries where there are current UN Peace-Keeping missions, an Appendix with the most important instruments of humanitarian law and a bibliography.

While we have tried to include all relevant Security Council and General Assembly resolutions, inclusion of resolutions of the Commission on Human Rights and Sub-Commission on Prevention of Discrimination and Protection of Minorities is limited to those adopted after 1990 except when earlier resolutions are especially relevant. Citations to reports of the Secretary-General and the various reports of the rapporteurs are similarly limited in scope as are Chairman?s Statements of the Security Council (documents in the S/PRST series). Reports of treaty bodies, reports of the UN High Commissioner for Refugees (UNHCR), provisional reports of rapporteurs to the General Assembly, resolutions of the Economic and Social Council (included in past years) and letters and notes verbale are not included.

We classify the armed conflicts based on an application of the relevant humanitarian law (see Appendix) and a careful review of the facts. The categories include: international armed conflicts, civil wars, and wars of national liberation in the exercise of the right to self-determination. When there is meaningful participation of [a] third party [ies] in a civil war or war of national liberation we so indicate.

In international armed conflicts, military action is taking place between two separate states, even if there has been no formal declaration of war. All treaty-based and customary humanitarian law of international armed conflict applies to these wars.

In civil wars, there is armed conflict taking place between government armed forces and the armed forces of opposition group(s) under responsible command and in control of sufficient territory to enable them to carry out sustained and concerted military operations. This description represents the customary international law test for civil war and is found, inter alia, in Article 1 of Protocol Additional II of the Geneva Conventions. The authors look especially at whether opposition groups have formed themselves into armies with training, materiel (including uniforms or some distinguishing insignia or attire), responsible command; at whether operations are primarily legitimate military operations as opposed to armed attacks on non-military targets or persons; and at whether the groups are sufficiently organized militarily to carry out Geneva Convention obligations. (Note: For this report, when we identify a conflict as a civil war we do not distinguish between countries bound by Protocol Additional II and those that are bound only by customary humanitarian law and the Geneva Conventions of 1949). Where civil wars do exist, all customary humanitarian law of civil war, Common Article 3 of the Geneva Conventions of 1949 and, where applicable, Protocol Additional II to the Geneva Conventions apply.

A group qualifies as a party to a civil war and is accordingly obligated and protected by relevant humanitarian law even if the group or some of its members violate humanitarian law obligations. However, a group not meeting the civil war criteria are not entitled to humanitarian law protections. If such a group or any of its members engage in the use of armed or other force, these acts may be considered crimes rather than acts of war.

In wars of national liberation in the exercise of self-determination, a foreign or alien power or a racist regime occupies or controls a country or area whose people have the right to self-determination under international standards. According to Article 2 of the Geneva Conventions, humanitarian law continues to be applicable as long as the foreign or alien power occupies the area even if actual armed combat is rare or limited, as is the case in Chinese-occupied Tibet.

 

Key to Abbreviations:

SC = Security Council

GA = General Assembly

Rpt S-G = Report (or note) of the Secretary-General

ECOSOC = Economic and Social Council

Comm = Commission on Human Rights

UNHCHR= United Nations High Commissioner for Human Rights

Res= Resolution

 

ACHEH

Statement:

The situation in Acheh is a war of national liberation in exercise of the right to self-determination.

Background:

In 1873, the Netherlands issued a formal declaration of war and began an invasion of the Kingdom of Acheh in the north of the island of Sumatra. The Achehnese resisted the occupation, and in 1942 the Dutch finally abandoned their attempt. In 1949 the Round Table Conference Agreements provided for a transfer of sovereignty from the Netherlands? territory of the "Dutch East Indies" to a United States of Indonesia. The Kingdom of Acheh was included in the Agreements despite the fact that it had never been incorporated into the Dutch colonial possession. Subsequently, through armed aggression by the Javanese dominated Indonesian government, Acheh was forcibly annexed.

Since annexation, the Achehnese have consistently rebelled against their occupation. In 1976 the Acheh-Sumatra National Liberation Front, also known as Acheh Merdeka or "Free Acheh," was founded as an armed resistance group, and a re-declaration of independence was issued. It is headed by Tengku Hasan M. di Tiro, sometimes referred to as Prince Hasan Mohamad Tiro. In the late 1970?s, mass arrests shut down Acheh Merdeka?s activities until 1989, when they renewed attacks on police and military installations. At that time the Indonesian security forces began a counter-insurgency campaign resulting in the death and disappearance of civilians. Mr. di Tiro has been in exile for many years.

Although civilian killings have been attributed to both sides, human rights workers accuse the government of committing the most serious Geneva Convention abuses. Houses of villagers suspected to support or aid the rebels have been burned to the ground and the occupants have been subject to arbitrary arrest, detention, torture, disappearance and summary execution. Villagers have also been used in "sweeps" for rebels, where they are forced to walk ahead of the security forces, point out insurgents, and provide a buffer against possible attack. In 1991, hundreds of refugees fled to Malaysia.

Additional support for independence comes from discriminatory economic conditions. Workers are prevented from forming free trade unions, and and are forced to labour for foreign companies at below subsistence wages. Villages remain poor despite the fact that Acheh is rich in natural resources, providing 15 percent of Indonesia?s exports.

The European Parliament passed a resolution on the conflict in February 1996 with an appeal to member states to prohibit arms sales to Indonesia.

Indonesian president Soeharto resigned in May 1998 after mass protests against his government. After he stepped down, numerous reports surfaced of human rights violations (rapes, torture, disappearances and extra-judicial killings) in Acheh by the military dating back to the beginning of the decade. Local activists put the number of disappearances at nearly 40,000.

Seventeen Indonesian human rights organizations issued a statement in October of 1998 accusing Mobil Oil of committing human rights abuses by providing logistical support (including equipment used to dig mass graves) to the military carrying out massacres. Mobil denies the allegations, but former employees have reported hearing rumors of killings and disappearances near drilling sites for the past decade, and hundreds of bodies have been exhumed from numerous gravesites in the area. Mobil is also accused of being responsible for environmental devastation and forced relocation. There have been numerous gas explosions in the area over the past twenty years.

Current Situation:

There was increasing conflict between the rebels and security forces in 1999 due to anger over the continuing impunity of human rights violators. Abdurraham Wahid was elected president in the October 1999 elections. On his visit to the region in January 2000, President Wahid acknowledged that members of the security forces had tortured and killed in the past. A trial of suspects in five cases of abuse documented by an independent commission of inquiry began in early 2000. The cases include the shooting of 39 protesters in North Acheh in May 1999, and a massacre of 60 people during the recital of the Koran in West Acheh in July 1999.

Demands for self rule have been growing. In November 1999, several hundred thousand people held a peaceful protest in the capital, Banda Acheh, to demand a referendum. Although President Wahid made a statement agreeing that Acheh should have a vote similar to the one held in East Timor, he retracted it and is now offering incentives for staying part of Indonesia, including greater autonomy and control over natural resources.

Fighting broke out in February shortly after President Wahid?s January visit to Acheh, resulting in a reported 345 casualties by May 12, 2000 at which point Zaini Abdulla, representing Hasan di Tiro of Acheh Merdeka, signed a cease-fire agreement with Indonesia in a secret location near Geneva, Switzerland. Just prior to the cease fire?s inception date of June 2, 2000, Acheh military commander Teuku Don Zulfari was assassinated in Kuala Lumpur, Malasia. However, the cease-fire, to last three months, entered into force as planned, and at time of writing (June 2000) was holding.

The war has resulted in tens of thousands of casualties; some sources indicate as many as 50,000 deaths and 100,000 were wounded in the ?90s.

UN Action:

(For additional citations on Indonesia, see East Timor).

The Round Table Conference Agreements: 69 UNT.S. 3 (1950).

Sub-Comm Decision 1993/108.

Sub-Comm Doc. E/CN.4/Sub.2/1994/L.25.

Sub-Comm Doc. E/CN.4/Sub.2/1995/L.7.

Report of the Working Group on Disappearances:

E/CN.4/1998/43; E/CN.4/1999/62.

Report of Working Group on Arbitrary Detention:

E/CN.4/1999/63 & Add.1; E/CN.4/2000/4/Add.2.

Report of the Special Rapporteur on Violence against Women:

Radhika Coomaraswamy: E/CN.4/1999/68/Add.3.

 

AFGHANISTAN

Statement:

The situation in Afghanistan is a civil war with international aspects in Tajikistan.

Background:

In 1992, groups of Afghan mujahideen?Islamic resistance fighters who fought from 1979-1989 to end military action by the USSR and to overthrow the Soviet installed government?began fighting each other for control of the country. As many as nine different groups were at one time fighting each other with aid from regional powers, including Pakistan, Iran, Saudi Arabia, Uzbekistan and Tajikistan, and with financial assistance from the United States. Over one million people died during the ten-year occupation.

In early 1995, a new faction of Islamic students called the Taliban joined the fighting and within six months controlled about 40% of the country. In September 1996, the Taliban captured Kabul, ending President Burhanuddin Rabbani?s four-year rule. The Taliban imposed their version of strict Islamic law in areas under their control, requiring men to grow beards and women to veil, and prohibiting women from working outside the home and girls from attending school. By August 1998, the Taliban held about 90% of the country, but Rabbani?s government continued to be the recognized government at the UN. The northern provinces were held by the Northern Alliance, a loose coalition comprised of the ousted government and minority groups including Shiites and ethnic Uzbeks. After fighting near the town of Mazar-i-Sharif in May 1997, more than 2000 Taliban prisoners of war were massacred by soldiers of the Alliance who were reputedly under the command of Abdul Malik Pahlawan.

Iran and Afghanistan began a series of military provocations in Summer 1998 after the Taliban reportedly killed eight Iranian diplomats and a reporter during an August 1998 sweep through Mazar-i-Sharif and other northern areas (see "Afghanistan/Iran" in the back). Over 2000 Afghani Hazaras?Shiite Muslims who have resisted rule by the Sunni Taliban?were murdered, and hundreds of Hazara girls and women were raped. In January 1998, more than 200 Afghan women refugees protested against both the Taliban and the Northern Alliance?s treatment of women and demanded that women receive the right to education.

Also in August 1998, the United States carried out a missle attack on training camps run by Saudi Osama bin Laden as part of its response to bombings of US embassies in Kenya and Tanzania. The Taliban retaliated by killing an Italian aid worker in Kabul. As a result, the UN withdrew all its foreign workers in Afghanistan in October 1998.

Current Situation:

In 1998, Russia began providing heavy weapons and training to the Northern Alliance, including Ahmad Shah Massoud, formerly supported by the US CIA. Up to 100,000 Pakistanis are suspected of having trained and fought in Afghanistan between 1994 and 1999. Thousands of Pakistanis, including youths from Islamic schools, were seen fighting with the Taliban during the 1999 offensive against Mazar-i-Sharif. The UEA and Saudi Arabia recognize the Taliban government and allegedly provide financial support.

In addition to bin Laden, the Taliban is reportedly harboring those responsible for an two assassination attempts on former Pakistani PM Sharif in early 1999, and Tahir Yuldashev, who is accused of being behind the assassination attempt on Uzbek President Karimov in February 1999. Bin Laden is reportedly training militants from Uzbekistan (see "Uzbekistan" in the back), Tajikistan (see "Tajikistan"), and Kyrgyzstan, as well as Uighurs from China (see "China" in the back).

The UN returned in March 1999, sponsoring a power-sharing agreement, but fighting has continued in the northeast.

In October 1999, the UN Security Council imposed sanctions on Afghanistan after the Taliban refused to turn over bin Laden. The sanctions include the freezing of foreign assets and prohibition on receiving flights by the national airline Ariana. Although the sanctions do not include humanitarian flights, they are expected to exacerbate an already dire situation since a majority of Afghanis lack the basic necessities, and starvation and disease are rampant. The UN and the ICRC have estimated that more than two thirds of Kabul?s residents rely on humanitarian aid for their subsistence needs.

In November 1999, the Taliban agreed to allow the World Food Programme to set up a humanitarian relief corridor into the opposition-held Panjir Valley. Around 60,000 refugees in the area have been facing severe food shortages due to poor shelter, severe cold, and shortages of medicine. The road into the valley is regularly mined by both sides.

Close to three million Afghani refugees are living in camps outside of the country (including over 1.2 million in Pakistan), and two million are displaced. Rural areas are laced with an estimated 10 million land mines. In January 1999, UNICEF reported 9 of 10 girls and 2 of 3 boys are not in school, and that 257 of every 1000 children die before the age of 5. Hospitals have run out of supplies.

UN Action:

SC Res 1267 (10/15/99).

SC Res 1214 (12/8/98). SC Res 1193 (8/28/98).

SC Res 1138 (11/21/97). SC Res 1128 (9/12/97).

SC Res 1113 (6/12/97). SC Res 1099 (3/14/97).

SC Res 1076 (10/22/96). SC Res 1030 (1996).

SC Res 647 (1/11/90).

GA Res 54/189 (12/17/99).

GA Res 54/185 (12/17/99). GA Res 53/165 (12/9/98).

GA Res 52/211 (12/19/97). GA Res 52/145 (12/12/97).

GA Res 51/108 (12/12/96). GA Res 50/189 (12/22/95).

GA Res 50/88 (12/19/95). GA Res 49/207 (12/23/94).

GA Res 49/140 (12/20/94). GA Res 48/208 (12/21/93).

GA Res 48/152 (12/20/93). GA Res 47/141 (12/18/92).

GA Res 47/119 (12/18/92). GA Res 46/136 (12/17/91).

GA Res 46/23 (12/5/91). GA Res 45/174 (12/18/90).

GA Res 45/12 (11/7/90).

Comm Res 2000/18. Comm Res 1999/9.

Comm Res 1998/70. Comm Res 1997/65.

Comm Res 1996/75. Comm Res 1995/74.

Comm Res 1994/84. Comm Res 1993/66.

Comm Res 1992/68. Comm Res 1992/5.

Comm Res 1991/78. Comm Res 1991/4.

Comm Res 1990/5. Comm Res 1989/23.

Sub-Comm Res 1998/17. Sub-Comm Res 1999/14.

Rpt S-G (S/2000/205).

Rpt S-G (E/CN.4/Sub.2/1999/13). Rpt S-G (S/1999/994).

Rpt S-G (S/1999/698). Rpt S-G (S/1999/362).

Rpt S-G (S/1998/913). Rpt S-G (S/1998/532).

Rpt S-G (S/1998/222). Rpt S-G (S/1997/894).

Rpt S-G (S/1997/719). Rpt S-G (S/1997/482).

Rpt S-G (S/1995/105). Rpt S-G (S/1994/1363).

Rpt S-G (S/1994/716). Rpt S-G (S/26743).

Rpt S-G (A/47/705-S/24831). Rpt S-G (A/46/577-S/23146 & Corr.1).

Rpt S-G (A/46/606). Rpt S-G (S/20911).

Reports of the Special Rapporteurs:

Felix Ermacora: E/CN.4/1990/25; E/CN.4/1991/31; E/CN.4/1992/33; E/CN.4/1993/42; E/CN.4/1994/53; E/CN.4/1995/64.

Choong-Hyun Paik: E/CN.4/1996/64; E/CN.4/1997/59; E/CN.4/1998/71.

Kamal Hossain: E/CN.4/1999/40; E/CN.4/2000/33.

Reports of the Working Group on Enforced or Involuntary Disappearances:

E/CN.4/1990/13; E/CN.4/1991/20; E/CN.4/1992/18; E/CN.4/1993/25; E/CN.4/1994/26; E/CN.4/1995/36; E/CN.4/1996/38; E/CN.4/1997/34; E/CN.4/1998/43; E/CN.4/1999/62.

Reports of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

S. Amos Wako: E/CN.4/1991/36.

Bacre Waly N?diaye: E/CN.4/1993/46; E/CN.4/1995/61; E/CN.4/1996/4; E/CN.4/1997/60 & Add.1.

Asma Jahangir: E/CN.4/1999/39 & Add.1; E/CN.4/2000/3 & Add.1.

Reports of the Special Rapporteur on Torture:

Nigel Rodley: E/CN/4/1998/38 & Add.1; E/CN.4/1999/61; E/CN.4/2000/9.

Report on Internally Displaced:

Francis M. Deng: E/CN.4/1995/50.

Reports of the Special Rapporteur on the Elimination of Religious Intolerance:

Angelo Vidal d?Almeida Ribeiro: E/CN.4/1995/91.

Abdelfattah Amor: E/CN.4/1997/91; E/CN.4/2000/65.

Report of Special Rapporteur on Violence against Women:

Radhika Coomaraswamy: E/CN.4/2000/68/Add.4.

 

ANGOLA

Statement:

The situation in Angola is a civil war with a recent peace agreement and renewed fighting.

Background:

Since winning its independence from Portugal, there have been 25 years of civil war between rebel fighters (Jonas Savimbi and his UNITA forces?Union for the Total Independence of Angola) and the government of Jose Eduardo dos Santos. The war was particularly brutal with widespread violations of humanitarian law by UNITA, including the killing of ICRC staff person Marc Blaser. Numerous "cease-fires" were in effect at one time or another, but it was not until the UN-sponsored elections of September 1992 that the rebel UNITA group participated in the electoral processes in Angola. However, after losing the vote, Savimbi resumed full-scale war with unprecedented violence. After rejecting the election results, UNITA was able to gain control of part of the country, but government advances uprooted the rebels and, in November 1994, the Lusaka Accord was signed.

A multiparty government was formed in early 1997 that included some UNITA members in the National Assembly, but Savimbi refused to participate. In October 1997, because of the continued failure to abide by the Lusaka Accord the UN Security Council imposed diplomatic and economic sanctions on UNITA, including freezing overseas assets and prohibiting travel.

Current Situation:

Fighting resumed in March 1998 despite an agreement reached on January 9, 1998 for resolution of the remaining issues under the Lusaka Accord. Savimbi refused to move to the capital and join the government. UNITA forces quickly retook more than 300 areas previously returned to the government, but by the end of 1999, the government, with the support of Namibian government forces, had overrun UNITA?s former headquarters.

On December 23, 1998 and January 2, 1999, UNITA allegedly shot down two planes charted by the UN Observer Mission in Angola (MONUA) carrying a total of 23 persons. In January 2000, the UN Security Council viewed videotape evidence provided by former senior UNITA leaders proving that Savimbi personally ordered both the attacks and, in an attempt to disrupt the UN investigation of the incident, the burial of the planes? fuselages. The UN withdrew its 1000 peacekeepers in November 1998; in October 1999 the Security Council voted to establish an office in the country to include 30 civilians (UNOA).

The war has resulted in the deaths of over one million people, with tens of thousands permanently disabled. According to UNICEF, more than 75,000 are amputees due to land mines. There are presently so many ceramic land mines (estimates as high as 20 million) that it would take years to clear them. There were 10,000 deaths from military activities and nearly 75,000 from starvation in 1999. At least 1.5 million were displaced as of January 2000 due to the war.

UNITA troops have also been fighting with rebel groups against the government in the Democratic Republic of Congo (see "Democratic Republic of Congo").

The Angolan government (MPLA) has been accused of detaining and murdering journalists and opposition politicians, and of committing atrocities during fighting along the Namibian border.

Canada?s Ambassador to the UN, Robert Fowler, headed a panel that reported to the Security Council in Spring 2000 on the failure of certain countries to observe the UN?s embargo on UNITA?s diamond marketing, believed to net UNITA $150 million.year. (See Press release, SC/6825 of March 15, 2000).

UN Action:

MONUA (7/97-3/99); UNAVEM (1/89-6/91); UNAVEM II (6/91-2/95); UNAVEM III (2/95- 6/97).

UNOA (10/99 to present).

SC Res 1295 (4/18/2000).

SC Res 1294 (4/13/2000). SC Res 1268 (10/15/99).

SC Res 1237 (5/7/99). SC Res 1229 (2/26/99).

SC Res 1221 (1/15/99). SC Res 1219 (12/31/98).

SC Res 1213 (12/3/98). SC Res 1202 (10/15/98).

SC Res 1195 (9/15/98). SC Res 1190 (8/13/98).

SC Res 1180 (6/29/98). SC Res 1176 (6/24/98).

SC Res 1173 (6/12/98). SC Res 1164 (4/29/98).

SC Res 1157 (3/20/98). SC Res 1149 (1/27/98).

SC Res 1135 (10/29/97). SC Res 1130 (9/29/97).

SC Res 1127 (8/28/97). SC Res 1118 (6/30/97).

SC Res 1106 (4/16/97). SC Res 1102 (3/31/97).

SC Res 1098 (2/27/97). SC Res 1087 (12/11/96).

SC Res 1075 (10/11/96). SC Res 1064 (7/11/96).

SC Res 1055 (5/8/96). SC Res 1045 (2/8/96).

SC Res 1008 (8/7/95). SC Res 976 (2/8/95).

SC Res 966 (12/8/94). SC Res 952 (10/27/94).

SC Res 945 (9/29/94). SC Res 932 (6/30/94).

SC Res 922 (5/31/94). SC Res 903 (3/16/94).

SC Res 890 (12/15/93). SC Res 864 (9/15/93).

SC Res 851 (7/15/93). SC Res 834 (6/1/93).

SC Res 823 (4/30/93). SC Res 811 (3/12/93).

SC Res 804 (1/29/93). SC Res 793 (11/30/92).

SC Res 785 (10/30/92). SC Res 747 (3/24/91).

SC Res 696 (5/20/91). SC Res 626 (12/20/88).

GA Res 54/17 (10/29/99). GA Res 48/202 (12/21/93).

GA Res 48/173 (2/22/93). GA Res 47/164 (12/18/92).

Comm Res 1994/88. Comm Res 1993/9.

Rpt S-G (S/2000/23).

Rpt S-G (S/2000/304). Rpt S-G (S/1999/202).

Rpt S-G (S/1999/49). Rpt S-G (S/1998/1110).

Rpt S-G (S/1998/931). Rpt S-G (S/1998/838).

Rpt S-G (S/1998/723). Rpt S-G (S/1998/524).

Rpt S-G (S/1998/333). Rpt S-G (S/1998/236).

Rpt S-G (S/1998/17). Rpt S-G (S/1997/807).

Rpt S-G (S/1997/741). Rpt S-G (S/1997/640).

Rpt S-G (S/1997/438 & Add.1). Rpt S-G (S/1997/304).

Rpt S-G (S/1997/248). Rpt S-G (S/1997/239).

Rpt S-G (S/1995/842). 1st Prog Rpt S-G (S/1995/177).

Rpt S-G (S/1995/97 & Add.1). Rpt S-G (S/1994/1376).

Rpt S-G (S/1994/1197). Rpt S-G (S/1994/1069).

Rpt S-G (S/1994/865). Rpt S-G (S/1994/740 & Add.1).

Rpt S-G (S/1994/611). Rpt S-G (S/1994/374).

Rpt S-G (S/1994/282 & Add.1). Rpt S-G (S/1994/100).

Rpt S-G (S/26872). Further Rpt S-G (S/26644 & Add.1)

Further Rpt S-G (S/26434). Further Rpt S-G (S/26060).

Further Rpt S-G (S/25840). Rpt S-G (S/24996).

Rpt S-G (S/24858). Rpt S-G (S/24556).

Rpt S-G (S/24145).

Reports of the Working Group on Enforced or Involuntary Disappearances:

E/CN.4/1990/13; E/CN.4/1991/20; E/CN.4/1992/18; E/CN.4/1993/25; E/CN.4/1994/26;E/CN.4/1995/36; E/CN.4/1996/38; E/CN.4/1997/34; E/CN.4/1998/43; E/CN.4/1999/62; E/CN.4/2000/64.

Report of the Special Rapporteur on Torture:

Nigel S. Rodley: E/CN.4/1994/31; E/CN.4/1995/34; E/CN.4/1999/61; E/CN.4/2000/9.

Reports of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

S. Amos Wako: E/CN.4/1990/22.

Bacre Waly N?diaye: E/CN.4/1993/46; E/CN.4/1995/61; E/CN.4/1996/4;

E/CN.4/1997/60 & Add.1.

Asma Jahangir: E/CN.4/2000/3 & Add.1.

Reports of the Special Rapporteur on the Question of the Use of Mercenaries:

Enrique Bernales Ballesteros: E/CN.4/1991/14; E/CN.4/1992/12; E/CN.4/1993/18; E/CN.4/1994/23; E/CN.4/1995/29; E/CN.4/1997/24.

Report of the Special Rapporteur on Freedom of Opinion and Expression:

Abid Hussain: E/CN.4/2000/63.

 

BOUGAINVILLE/PAPUA NEW GUINEA

Statement:

The situation in Bougainville is a war of national liberation in exercise of the right to self-determination with a cease fire and peace talks.

Background:

For eleven years, a war for self-rule has been fought on this Papua New Guinea-controlled island. After Papua New Guinea obtained independence from Australia in 1975, a secessionist threat by Bougainville was mollified by granting the island self-government. Fighting began in 1988 when land owners were denied billions of dollars in compensation for environmental damage caused by an Australian-owned copper mine. The Bougainville Revolutionary Army (BRA) declared the island?s independence in 1990 and maintained complete control until 1992.

Since the beginning of the conflict, Papua New Guinea has suspended constitutional, judicial and other human rights protections. The Papua New Guinea Defence Force (PNGDF) were said to be especially brutal, blockading needed food and medical supplies from civilians and forcibly removing 20,000 to 40,000 villagers to "care centers" and then burning their villages. There are also allegations that the BRA has carried out extrajudicial killings of suspected spies.

In early March 1997, Sir Julius Chan, then Prime Minister of Papua New Guinea, made an aborted attempt to hire South African mercenaries to fight the BRA. His actions lead to widespread protests and precipitated his immediate downfall.

Current Situation:

A truce was signed in October 1997 whereby the parties promised to protect human rights, promote peace and reconciliation, and end restrictions on freedom of movement. A team of 250 unarmed troops and civilians from neighboring countries arrived in December 1997, charged with observing and reporting on the truce. In January 1998, the Lincoln Accord, signed by all parties, made the truce permanent and led to a permanent cease-fire as of April 30, 1998. The Lincoln Accord also provides for elections and independence talks. On January 1, 1999, the former transition government was suspended and the Bougainville Reconciliation Government (BRG) was established. All parties to the conflict participated in the adoption of its constitution. In November 1999, the PNG Supreme Court found that the establishment of the BRG was illegal and ordered the restoration of the provincial government, setting back the peace process. Francis Ona, the leader of the BRA, stopped participating in the disarmament process and threatened to resume fighting. Rebel leaders continue to demand a referendum on independence.

Previously secret Australian Government documents, released for the first time on January 1, 2000, reveal that even before construction of the Panguna copper mine, the Australian Government was aware of the intense landowner opposition to the project and had considered the possibility of using military force to complete it.

An estimated 10,000 people have been killed since 1989, and at least 40% of the population has been displaced.

UN Action:

ECOSOC Dec. 1994/267.

Comm Res 1995/65. Comm Res 1994/81.

Comm Res 1993/76. Comm Dec 1993/111.

Sub-Comm Res 1994/21. Sub-Comm Res 1992/19.

Rpt S-G (E/CN.4/1996/58). Rpt S-G (E/CN.4/1995/60 & Add.1).

Rpt S-G (E/CN.4/1994/58).

Report of the Special Rapporteur on Torture:

P. Kooijmans: E/CN.4/1991/17.

Reports of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

S. Amos Wako: E/CN.4/1991/36.

Bacre Waly N?diaye: E/CN.4/1994/7; E/CN.4/1996/4 & Add.2; E/CN.4/1997/60 & Add.1; E/CN.4/1998/68 & Add.1.

 

BURMA

Statement:

The situation in Burma involves two separate armed conflicts: a civil war and a war of national liberation in exercise of the right of self-determination.

Background:

The State Peace and Development Committee (SPDC), the new name for the State Law and Order Restoration Council (SLORC), is currently in power despite the National League for Democracy?s (NLD) overwhelming election win in May 1990. The winners were killed, imprisoned or forced into internal and international exile. Survivors, and other political opposition leaders, formed the National Coalition Government of the Union of Burma (NCGUB). The SPDC/SLORC army has been fighting a civil war against opposition forces under the united command of the Democratic Alliance of Burma (DAB) ever since. The DAB is composed of both members of the NCGUB and a number of armed forces of several of the ethnic nationalities.

Burma?s many ethnic nationalities, including the Karen, the Mon, the Kachin, the Shan, the Karenni, and the Rohingya, a Muslim group from the Arakan State, have suffered under long-standing oppression by the Burmese government. The Rohingya began fleeing in 1990 after they were attacked by SPDC/SLORC and driven off their traditional lands. The Karen and Mon have also been driven to refuge, both internally and over the border into Thailand.

In addition to this civil war, the other war within Burma is the war of national liberation in exercise of the right of self-determination between the SPDC/SLORC army and the military forces of the Karenni State. The SLORC war against the Karenni forces is considered separately because the Karenni State is not part of the DAB. The Karenni State has historically maintained itself independent of Burma and has consistently invoked the right to self-determination. According to the Karenni, the SPDC/SLORC regime seeks to deprive the Karenni of their sovereignty?a right granted to them in the Burmese Constitution of 1947. The state, which comprises approximately 4,800 square miles along the Thai border, has formed a government with a legislature of district representatives, military forces, and a diplomatic corp.

The SPDC/SLORC regime has been one of the worst violators of human rights. In addition to lack of political freedom, the people of Burma suffer summary executions, torture, arbitrary arrest and detention, and denial of respect for freedom of the press, religion, association and assembly. Economic, social and cultural rights are also severely violated, including by the ecological plundering of Burma. The SLORC forces have also been gruesome in the wars, enslaving civilians as porters for their army, torturing and killing captured combatants, and carrying out military operations against civilians and communities.

In 1994/95 there was relocation and forced labor in the Arakan State. SLORC had been seizing one Mon per household (an estimated 150,000 people in 1995) and using them as slave laborers on the Ye-Tavoy railway, related to the signed one billion-dollar gas pipeline contract with UNOCAL and Total. The army has continued to relocate inhabitants and destroy villages along the pipeline route through Mon and Karen land. The Karen lost their headquarters at Mannerplaw in mid-January 1995. In February 1997, the SLORC forces began another series of attacks against the Karen people and the Karen National Union forces near the Thai border. The KNU abandoned their Teakaplaw headquarters, burning it in retreat. About 90,000 Karen civilians managed to flee into Thailand but another group was trapped in Burma. There were some allegations that Thai officials forced Karen refugees back across the border. The SLORC army of 100,000 troops clearly outnumber the Karen?s 2500 defenders. In early March 1997, Burmese troops crossed into Thailand to raid a refugee camp, but they were repelled by Thai soldiers.

On January 1, 1996, after the Karenni National Progressive Party (KNPP) renounced a March 1995 cease-fire agreement, their base at Doi Thi Sak was attacked by SLORC. SLORC attacked again in June 1996, sending 2000 troops into areas designated as Karenni under the agreement. It has been reported that large numbers of Karenni villagers who were forcibly relocated to camps by the government in early 1996 continue in serious condition from illnesses related to overcrowding and lack of medical attention. Skirmishes continued into 1997 between Karenni and SLORC troops. The Karenni troops captured SLORC military materiel such as G3 ammunition magazines and other munitions. Even more Karenni and Shan people were forcibly relocated to central Shan state in early Summer 1997 as part of the SLORC regime?s "Four Cuts Operation" strategy to keep villages from assisting the Karenni and Shan resistance armies. By August 1997, 160 villages had been destroyed and the people forced out.

Nobel Laureate Aung San Suu Kyi, the leader of the NLD opposition, was released in July 1995 after six years of house arrest, but her movements remain strictly monitored and she has been prevented from meeting with supporters in the provinces and with the foreign press. Twenty-nine NLD members of parliament elected in 1990 remain in prison, and seven party members were sentenced in December 1997 to six years or more for "disturbing the public law and order." Hundreds of NLD members have been arrested and harassed because of their party affiliation. In November 1997, 14 ministers of the 20-member SLORC cabinet were removed from office, and the SLORC government reconstituted itself as the State Peace and Development Committee. The top leaders of SLORC remain in power.

The international community has provided legitimacy for SPDC/SLORC?s retention of power by allowing SPDC/SLORC to be seated as the government at the UN (now as Myanmar) and through "official" visits and negotiations. Western countries have cut economic and political ties somewhat but Asian countries have continued trade relations. Myanmar was accepted as a member of ASEAN in 1998. SPDC/SLORC has received over 1 billion dollars worth of arms from China over the past few years and is believed in return to be providing port and basing facilities on the coast of Arakan, the location of civilian expulsions. In May 1997, the United States banned American companies from investing in Burma.

Current Situation:

In September 1998, the NLD convened the "Committee Representing the People?s Parliament" an organization set up to represent and make decisions on behalf of NLD members elected to Parliament in 1990. Subsequently, Suu Kyi gave a radio address asking for international recognition of the Committee. There is no current Parliament sitting because the SPDC/SLORC has been drawing up a new constitution. In October 1998, 700 NLG members were detained in government guest houses until they willing to accept SPDC?s legitimacy.

In January 1999, it was reported the five battalions of Burmese infantry financed by UNOCAL and Total have been sent to the pipeline area to suppress the Shan and Karen. UNOCAL and Total deny this. The Karen have been accused of trying to sabotage the pipeline. Both the Karen National Union (KNU) and SPDC troops are now using landmines and SPDC is accused of destroying rice crops to cause starvation of the Karen. The Karenni Progressive Party and Shan State aligned with a reputed combined force of 6,000, and the combined forces carried out sporadic military against SPDC throughout 1999.

Members of a splinter group of the KNU called "God?s Army," controlled by twelve-year-old twin boys, and a rebel student group called the Vigorous Burmese Student Warriors (VBSW), seized a hundred hostages in a Thai hospital in January, 2000. All ten rebels were killed after an assault by Thai commandos. It is feared that the Thai government will take a hard-line position toward the KNU due to the attack. The Karen rely on the existence of a porous border for supply routes and protection from attacks by the Burmese security forces. The new leader of the KNU has said that the KNU will participate in peace talks if there is an official cease-fire.

In October 1999, the VBSW seized 38 hostages in the Burmese embassy in Bangkok. In that incident, the students were able to exchange their hostages for transportation to the border while maintaining the support of the Thai Government, who angered the SPDC by referring to the VBSW as "freedom fighters." The twins leading the "God?s Army" left the group in Spring 2000.

While accusing the government of ethnic cleansing, the leader of the Shan State Army (South) announced in January 2000 that the group is going to give up its military struggle and instead pursue political negotiations. Yawd Serk, the head military commander, said that the decision was due to the fact that his people are tired of living in fear of rape, torture, and hunger. He said that tens of thousands of his people had died in battle in the last few years. More than 300,000 people in the Shan State have been forcibly relocated from their villages by the government since 1996.

Over 100,000 persons from the ethnic nationalities are in refugee camps along the Thai border and accusations continue that Thai officials periodically drive them back over the border. The European Union continues to provide aid to refugees.

UN Action:

GA Res 54/186 (12/17/99).

GA Res 53/162 (12/9/98). GA Res 52/137 (12/12/97).

GA Res 51/117 (12/12/96) GA Res 50/194 (12/22/95).

GA Res 49/197 (12/23/94). GA Res 48/150 (12/20/93).

GA Res 47/144 (12/18/92). GA Res 46/132 (12/17/91).

Comm Res 2000/23. Comm Res 1999/17.

Comm Res 1998/63. Comm Res 1997/64.

Comm Res 1996/80. Comm Res 1995/72.

Comm Res 1994/85. Comm Res 1993/73.

Comm Res 1992/58.

Sub-Comm Res 1993/19.

Rpt S-G (E/CN.4/2000/29). Rpt S-G (E/CN.4/1999/29).

Rpt S-G (E/CN.4/1995/150). Rpt S-G (E/CN.4/AC.45/1994/4).

Reports of the Special Rapporteur:

Yozo Yokota: E/CN.4/1993/37; E/CN.4/1994/57; E/CN.4/1995/65 & Corr.1; E/CN.4/1996/65.

Rajsoomer Lallah: E/CN.4/1997/64; E/CN.4/1998/70; E/CN.4/1999/35; E/CN.4/2000/38.

Reports of the Working Group on Disappearances:

E/CN.4/1992/18; E/CN.4/1993/25; E/CN.4/1997/34.

Reports of the Working Group on Arbitrary Detention:

E/CN.4/1992/20; E/CN.4/1993/24; E/CN.4/1994/27; E/CN.4/1995/31 & Add.1/Add.2; E/CN.4/1999/63; E/CN.4/2000/4 & Add.1.

Reports of the Special Rapporteur on Torture:

P. Kooijmans: E/CN.4/1990/17; E/CN.4/1991/17; E/CN.4/1992/17; E/CN.4/1993/26.

Nigel S. Rodley: E/CN.4/1994/31; E/CN.4/1995/34; E/CN.4/1996/35 & Add.1;

E/CN.4/1997/7 & Add.1.; E/CN/4/1998/38 & Add.1; E/CN.4/1999/61; E/CN.4/2000/9.

Reports of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

S. Amos Wako: E/CN.4/1990/22; E/CN.4/1991/36; E/CN.4/1992/30.

Bacre Waly N?diaye: E/CN.4/1993/46; E/CN.4/1994/7; E/CN.4/1995/61; E/CN.4/1996/4; E/CN.4/1997/60 & Add.1; E/CN.4/1998/68 & Add.1.

Asma Jahangir: E/CN.4/1999/39 & Add.1; E/CN.4/2000/3 & Add.1.

Report on Internally Displaced:

Francis M. Deng: E/CN.4/1995/50.

Reports of the Special Rapporteur on the Elimination of Religious Intolerance:

Angelo Vidal d?Almeida Ribeiro: E/CN.4/1993/62 & Corr.1.

Abdelfattah Amor: E/CN.4/1994/79; E/CN.4/1995/91 & Add.1; E/CN.4/1997/91; E/CN.4/2000/65.

Report of the Special Rapporteur on Freedom of Opinion and Expression:

Abid Hussain: E/CN.4/2000/63.

Report of Special Rapporteur on Violence against Women:

Radhika Coomaraswamy: E/CN.4/2000/68/Add.4.

 

BURUNDI

Statement:

The situation in Burundi is a civil war.

Background:

The two peoples of Rwanda and Burundi, the Tutsi and the Hutu, lived in relative harmony until around a hundred years ago. Under colonization rule by Germany (until 1897 the area was called German East Africa) and then by Belgium, the Tutsi minority was given privileges and education that the Hutu did not receive. In 1962, Rwanda and Burundi became separate, independent countries.

Unlike neighboring Rwanda, in Burundi the Tutsi minority kept power after the Belgians were forced to leave. They suppressed bloody Hutu uprisings in 1969, 1972, 1988 and 1993. After attacks on Tutsis in 1972, the Tutsi government issued a paper on "the need to achieve parity through elimination of the Hutu surplus," and then massacred 300,000 people. Melchior Ndadaye, a Hutu and the first democratically elected president, was murdered by the Tutsi-dominated army in 1993. Subsequent fighting resulted in more than 150,000 dead. His successor, Cyprien Ntaryamira died with the president of Rwanda when their plane was shot down. A subsequent peace pact that divided power between a Hutu president and a Tutsi prime minister ended when the Hutu president Sylvestre Ntibantuganya was removed from power by the military in July 1996, and Pierre Buyoya seized the presidency, which he still holds. The most recent violence began with the arrival of refugees responsible for the Rwandan massacre (see "Rwanda").

The current fighting began in 1996 between the Hutu rebels (The National Council for the Defence of Democracy (CNDD)) and the Tutsi-dominated army. Tens of thousands of civilians fled to refugee camps in Zaire, now the Democratic Republic of the Congo. In October 1996, the then-rebel force in the Democratic Republic of the Congo dispersed the camps on the Burundi /Rwanda borders where Hutu rebels from both countries had been based. Over a hundred thousand civilian Hutu refugees who had fled attacks by Burundi?s army were also forced back over the border. There were numerous reports of disappearances of returning refugees and confirmed accounts of refugee massacres in Burundi and Democratic Republic of the Congo. Some of the refugees fled to Tanzania where there were already over a hundred thousand people from conflicts throughout the region.

The fighting continued throughout 1997 and 1998. 1998 began with an attack near Bujumbura?s airport killing as many as 300, for which both the CNDD and the government denied responsibility. The attack left as many as 15,000 newly homeless, joining the tens of thousands of people already displaced. The CNDD has accused the army of killing almost 40,000 civilians since its 1996 coup, while the Burundian officials accuse the rebels of massacres On January 28, 1998, Colonel Firmin Sinzoyiheba, Burundian Minister of Defense, was killed in a helicopter crash.

Current Situation:

The regional sanctions imposed by six African countries after the 1996 coup were suspended on January 23, 1999. In spite of the sanctions, weaponry continued to reach both government and CNDD forces. The sanctions dramatically affected the Burundian civilian population, and more than a year after the lifting of the sanctions malnutrition is still widespread, and health and healthcare have deteriorated to a level of deepest concern. Shortages of seed and fertilizer place future harvests at great risk. By December 1997 the UN Rapporteur had urged a halt to the sanctions.

There are now at least three different groups fighting in Burundi, with the main groups being the Party for the Liberation of the Hutu People (Palipehutu) and its military wing the National Liberation Forces (NLF); the Front for National Liberation (Frolina); and the CNDD and its military wing the Forces for the Defense of Democracy (FDD). There are reports that these groups use bases inside the Democratic Republic of the Congo. Reliable information supports accusations of mass killings of unarmed civilians by all parties. The Burundian Army is said to target Hutu civilians in reprisal for opposition armed attacks. The Army has also been accused of rape, torture and killing detainees. Opposition groups have also been accused of attacking refugees.

About 600,000 people (one-tenth of the population) are internally displaced, and there has been considerable forced relocation of Hutu civilians into widely condemned "regroupment" camps, blamed for many deaths and the destruction of houses and crops.

A cease-fire has been in effect since July, 1998, although there continues to be numerous clashes. In 1999, Nelsen Mandela agreed to mediate. Just prior to his first visit to the country on April 28, 2000, there was renewed fighting near Bujumbura as well as other locations in spite of a call for cease fire. Mr. Mandela seeks to achieve an agreement with the Burundi armed forces on power-sharing. After Mr. Mandela?s visit, there was an increase in the clashes, leading to thousands of additional displaced persons in the south. Mr. Mandela held a second round of separate talks in Johannesburg with the different factions, leading to promises for a draft proposal by the end of June, subsequently postponed to allow the two main rebel groups time to for further study. At the end of May, the fighting intensified near Bujumbura. On June 7, 2000 Mr. Mandela reached an agreement with President Buyoya on two key points: (1) army restructuring along ethnically-equal lines; and (2) the closure of the Hutu "regroupment" camps by July 31. There is a planned "all party" session in July 2000 in Arusha, Tanzania.

Over 200,000 people have been killed in this war since Ndadaye?s assassination in 1993.

UN Action:

(See also UN Action on Rwanda and Democratic Republic of the Congo.)

SC Res 1286 (1/19/2000).

SC Res 1080 (11/15/96). SC Res 1078 (11/9/96).

SC Res 1072 (8/30/96). SC Res 1049 (3/5/96).

SC Res 1040 (1/29/96). SC Res 1012 (8/28/95).

GA Res 50/159 (12/22/95).

GA Res 49/7 (10/25/94). GA Res 48/17 (1993).

Comm Res 2000/20.

Comm Res 1999/10. Comm Res 1998/82.

Comm Res 1997/77. Comm Res 1996/1.

Comm Res 1995/90. Comm Res 1994/86.

Sub-Comm Res 1996/4. Sub-Comm Res 1996/3.

Sub-Comm Res 1995/11. Sub-Comm Res 1994/17.

Rpt S-G (S/1997/547). 2nd Rpt S-G (S/1995/65).

Rpt S-G (E/CN.4/1995/66). Rpt S-G (S/1994/1152).

Report of the Security Council Mission: S/1994/1039; S/1995/164.

Notes by the Secretariat:

E/CN.4/1999/43; E/CN.4/2000/34.

Report of the Special Rapporteur:

Paulo Sergio Pinheiro: E/CN.4/1996/16 & Add.1; E/CN.4/1997/12 & Add.1;

E/CN.4/1998/72 & Add.1.

Report of the Working Group on Enforced or Involuntary Disappearances:

E/CN.4/1994/26; E/CN.4/1995/36; E/CN.4/1996/38; E/CN.4/1997/34;

E/CN.4/1998/43; E/CN.4/1999/62; E/CN.4/2000/64.

Report of the Special Rapporteur on Torture:

Nigel S. Rodley: E/CN.4/1995/34; E/CN.4/1996/35 & Add.1; E/CN.4/1997/7 & Add.1; E/CN.4/1998/38 & Add.1; E/CN.4/1999/61; E/CN.4/2000/9.

Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

Bacre Waly N?diaye: E/CN.4/1995/61; E/CN.4/1996/4 & Add.1; E/CN.4/1997/60 & Add.1; E/CN.4/1998/68 & Add.1.

Asma Jahangir: E/CN.4/1999/39 & Add. 1; E/CN.4/2000/3 & Add.1.

Report on Internally Displaced:

Francis M. Deng: E/CN.4/1995/50/Add.2 & Corr.1; E/CN.4/1997/43.

Report of the Special Representative of the Secretary-General for Children and Armed Conflict:

Olara Otunnu: E/CN.4/2000/71.

 

CHECHNYA/RUSSIAN FEDERATION

Statement:

The situation in Chechnya is a civil war. The history of Chechnya may support a claim of self-determination.

Background:

Although the czars began a three-hundred year attempt to subjugate the Northern Caucasus in 1560, by 1585 Chechnya and other areas of the Caucasus had been conquered by the Ottoman Empire and represented its northern reach into what has become modern Russia. Under Ottoman rule, the Chechens adopted Islam. Russia continued its attempt to capture the area and finally forced the retreat of the Ottomans by 1785. After winning the Caucasian war (1817-1864), the Russians deported hundreds of thousands of Chechens. In 1877, 1920, 1929, 1940 and 1943 the Chechens made unsuccessful attempts to rebel against the czars and then the USSR. While most of the Chechen males were fighting against Hitler in the winter of 1943-44, Stalin ordered Chechnya obliterated. Villages were burned, 500,000 people were deported to Kazakhstan and Siberia, and their land was given to non-Chechens. In 1957, the Chechens were allowed to return to their homeland.

Dzhokhar Dudayev seized power in Chechnya in August 1991. After a popular vote elected him president that November, Dudayev declared independence from the Soviet Union, a month before its collapse. In August 1994, the Russian government began military action to stop Chechnya?s seceding, with aerial bombing and attacks on the capital of Grozny in December 1994 and February 1995. Subsequently, the rebel Chechen government moved to the hills and Chechnya was put under an armed Russian occupation.

Six workers from the International Committee of the Red Cross were murdered in their sleep, allegedly by Chechen rebels, in December 1996, the worst premeditated attack in the history of the organization.

The Russian army fully withdrew on January 5, 1997, following an August 1996 agreement granting the republic autonomy and establishing it as a free economic zone, with its final political status to be resolved before December 31, 2000. Russia and Chechnya (represented by Boris Yeltsin and Aslan Maskhadov, respectively) signed a peace agreement on May 12, 1997, in which Russia pledged never to use force or threaten the use of force in relations between the Russian Federation and the Republic of Chechnya. Even so, skirmishes were reported along the Russia/Chechnya border in 1997. On July 8, 1997, nine Russian policemen were killed when a truck carrying 15 border guards was blown up in neighbouring Dagestan.. Chechen presidential elections on January 27, 1998 were won by Aslan Maskhadov, the Chechen military chief of staff in charge of the war effort. President Maskhadov appointed Shamil Baseyev prime minister and asked him to form a new government. Baseyev is wanted for arrest in Moscow for his command of a hostage-taking in Budyonnovsk in 1995 that led to the death of 100 people.

An estimated 100,000 people were killed in that phase of the war. Hundreds of thousands of Russians, Jews, Armenians and other minority groups have been expelled or have voluntarily fled (see "Georgia").

In 1998, there was increasing lawlessness in the Republic, including banditry, smuggling, and kidnappings. Foreigners, aid workers, and journalists have been especially targeted, causing most to leave the Republic. On October 3, 1998, a New Zealander and 3 British were abducted. Their beheaded remains were found on December 8 after a failed rescue attempt. On December 12, 1998, Vincent Cochetel, head of the UN High Commissioner for Refugees? mission in North Ossetia was freed in Chechnya by Russian Special Forces after 11 months in captivity. On July 23, 1998, there was an assassination attempt against President Maskhadov.

Current Situation:

In August and September 1999, Baseyev twice lead a rebel force into neighboring Dagestan in an attempt join up with Bagaouddin, a local nationalist leader fighting Dagestani and Russian forces. In the process, they destroyed villages and created over 30,000 refugees. The Russian military pushed them back into Chechnya after severe fighting. Subsequently, there were several bombings of apartment buildings in Russia proper that killed around 300 people. Basayev is believed to be behind the attacks, but he has denied responsibility and there is no evidence that Chechens were involved. Since the bombings there has been an exponential increase in animosity toward all Chechens throughout Russia. In Moscow, there was a roundup of Caucasian people, and temporary camps were set up for people without proper identification.

The Russian military invaded the Republic in October, 1999. It has been accused of shelling numerous Chechen towns and villages and using fuel-air bombs, which kill indiscriminately over a wide area and are capable of killing people hiding in underground shelters. Atrocities by Russian troops were reported in the town of Alkhan-Yurt in December, including looting, burning of houses, and the massacre of 22 civilians who attempted to protect their property.

In early December 1999, Russia began to focus military action on Grozny but floundered. By mid-January 2000, Russia had renewed the assault on Grozny, and in early February, thousands of rebels fled Grozny to the mountains.

There are an estimated 250,000 refugees from the renewed fighting. There have been reports of Russian authorities forcing refugees back into Chechnya and denying refugees food rations to make them return to Russian-controlled areas of the Republic, and of bombardment of refugee columns by Russian forces. Some refugees entering Ingushetia have reportedly been sent to secret camps where they have been beaten.

On February 28, 2000, Alvaro Gil-Robles, Human Rights Commission of the Council of Europe, showing clear shock at the degree of devastation of Grozny, called on the necessity to end the war and to aid the civilian population as soon as possible. There have been reports that Russia considers Grozny too ruined to be rebuilt, but Commissioner Gil-Robles insists that the reconstruction of Grozny is "very important. It is a symbol for the Chechen people."

While Russian troops have apparently defeated the "main bands," Russian authorities report that many small groups remain. There have been numerous small skirmishes. Attacks on Russian troops in Ingushetia have produced fears of a widening conflict and Russia now accuses both Afghanistan and Saudi Arabia of arming the Chechen groups. On May 31, 2000, Russian official Sergei Zverev and another high official were killed in Grozny. On June 8, 2000, the new Russian President Vladimir Putin announced "direct rule" for Chechnya, barely a week after a visit by American President Clinton, and on June 12, 2000, appointed Muslim cleric Akhmad Kadyrov as civilian leader of the Kremlin-controlled administration in Chechnya. On June 9, 2000, three Russian medical doctors were killed and a "suicide" bomber killed several soldiers in an attack on a Russian base. Sporadic gunfire continues almost on a daily basis. Meanwhile, Grozny remains in shambles. Casualty figures for this second stage are difficult to assess, but may exceed figures for the earlier stage of conflict.

UN Action:

Comm Res 2000/58.

Sub-Comm Statement 1995.

Sub-Comm Dec 1996/108.

Rpt S-G (E/CN.4/1997/10). Rpt S-G (E/CN.4/1996/13 & Add.1).

Report of the Special Rapporteur on Torture:

Nigel S. Rodley: E/CN.4/1996/35 & Add.1; E/CN.4/1997/7 & Add.1; E/CN.4/1999/61; E/CN.4/2000/9.

Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

Bacre Waly N?diaye: E/CN.4/1996/4; E/CN.4/1997/60 & Add.1.

Asma Jahangir: E/CN.4/1999/39 & Add. 1; E/CN.4/2000/3 & Add.1.

Report of the Working Group on Enforced or Involuntary Disappearances:

E/CN.4/1999/62.

Report of the Working Group on Disappearances:

E/CN.4/1997/34.

Report of the Working Group on Arbitrary Detention:

E/CN.4/1999/63.

Report of Representative of S-G on IDPs:

Francis Deng: E/CN.4/2000/83.

 

COLOMBIA

Statement:

The situation in Colombia is a civil war between the Fuerzas Armadas Revolucionarias de Colombia-Ejército Popular (FARC-EP) and the Colombian Government. In addition to the FARC-EP/government civil war, there is a high degree of violent unrest from other groups which does not, in the authors? opinion, meet the criteria for civil war regarding those participants.

Background:

There has been armed violence in Colombia?s countryside for over four decades. The current phase began in 1964, when the FARC-EP was formed, claiming to be a Marxist guerrilla organization with the stated goals of land and income redistribution in the favour of Colombia?s rural and urban poor. The Ejército de Liberación Nacional (ELN) was founded a few years later with similar goals; these two groups remain the principal armed groups in Colombia. In addition, there are the right-wing paramilitary organizations, principal among them the AUC, and a number of smaller leftist rebel forces, such as the Ejército Popular de Liberación (EPL). Over 40-50% of the country is involved, especially the most productive agricultural and resource-rich regions.

The FARC-EP claims 17,000 soldiers and several hundred thousand civilian activists, and has typically used a mix of both strikes against military targets and kidnapping, extortion, strikes against civilian targets, and strikes on the transportation, communication, and power infrastructures to pressure the Colombian Government. However, the FARC-EP have stepped up legitimate military engagements in recent years, and now appears to meet the minimum test for civil war. Factors in this assessment include: (1) their consolidation of control in the demilitarized zone in the south, (2) their sustained military offensive of July 1999, (3) proof of adequate conditions for the hundreds of POWs in FARC-EP control, and (4) the negotiations they have entered into with the Colombian Government.

The ELN is estimated to have 5000 "soldiers" who predominantly engage in hostage-taking and other acts that are illegal under humanitarian law. For this reason the authors have determined that the ELN does not qualify as a combatant force under humanitarian law.

There are an estimated 20,000 people in various right-wing paramilitary groups (5,000 alone in the AUC), primarily concentrated in Urabá. They have almost exclusively targeted civilians, regularly massacring scores of suspected sympathizers of the FARC-EP or ELN, and hence their non-qualification as combatants under humanitarian law. Their ties with the Colombian military are extensive and well-documented by national and international NGOs and by the Colombian government itself. According to the reports, army officers provide weapons and training, share intelligence, and conduct joint operations with paramilitary groups on a daily basis throughout the country and with total impunity. Mary Robinson, in her 1999 report before the Commission on Human Rights, stated that human rights abuses and violations of humanitarian law had worsened in the past year, and that "She regrets the continued reliable evidence of the participation and  complicity of the security forces in the crimes committed by these illegal armed groups."

The FARC-EP, the ELN, and the paramilitary groups have all been implicated in the cultivation and trafficking of drugs, primarily cocaine and heroin; sources estimate that the paramilitaries receive up to 70% of their funding from the drug trade. The "war on drugs" has been the professed reason for heightened foreign involvement, primarily US, in Colombia?s domestic affairs and armed forces.

Human rights abuses and violations of humanitarian law, where applicable, are rampant on all sides of the conflict. Although the accusations against the Colombian armed forces have decreased slightly in the past few years, the accusations against the paramilitaries have skyrocketed, as the military has utilized these groups more extensively. All sides have also been accused of using child soldiers in combat.

Current Situation:

The Summer of 1999 saw an escalation in armed confrontations between the FARC-EP and government forces. On June 21-23, at least 39 government soldiers, 20 FARC-EP guerrillas, 4 paramilitary members, and 10 villagers died when a FARC-EP column entered the right-wing paramilitary stronghold of Nudo de Paramillo in the mountains of Cordoba province. On July 9-12, 1999, the FARC-EP, in unusual coordination with the ELN, attacked in 20 areas across the country, bombing banks, blowing up bridges, and attacking police and military installations. The government said that 287 rebels and at least 59 soldiers and police were killed. The FARC-EP appeared on their way to take Bogotá, when they were driven back by government forces, possibly thanks to US-supplied military intelligence. In early August, 1999, the FARC-EP carried out a three-day siege on a police station in Narino, NW of Bogotá.

A two-day FARC-EP offensive in November 1999 against 13 municipalities in west-central Colombia left more than 100 FARC-EP troops dead according to the Government, That offensive was followed by a week of heavy fighting in mid-December, during which 200 soldiers from the FARC-EP and the federal army were killed, including 45 marines killed when FARC-EP took over the Juradó Pacific naval base.

After a cease-fire declared by the FARC-EP from December 20 - January 10, 2000 ended, fighting resumed with the deaths of 24 in 3 towns near Ecuador, and of 45 FARC-EP soldiers near Bogotá. Peace talks resumed in January. Scores of FARC-EP, government soldiers, civilians, and paramilitary members were killed in skirmishes during February and March, including one incident in which 20 villagers were killed by right-wing paramilitaries in Ovejas.

The ELN had had its political status withdrawn by the Government after they hijacked a plane and took its passengers hostage in April 1999. The ELN responded by kidnapping over 100 civilians in a church mass in Cali on May 31, 1999, but talks began again in October, 1999, and their political status was restored in June, 2000. During 1999, the ELN bombed more than 200 pylons to protest the privatisation of electricity companies. The ELN launched 40 attacks across Colombia in first few days of April 2000, including the kidnapping of 23 motorists. At the end of the month, President Pastrana agreed to establish a demilitarised zone concentrated in the department of Bolívar in the north of Colombia for the ELN, as he had done for the FARC-EP in the south, in which to hold peace talks.

The FARC-EP in April announced that they would begin to kidnap millionaires who did not pay their war tax (Law 002), expropriate large land holdings in the area they control, and establish their own justice system in a bid for greater legitimacy. On April 29, they also established a political party, the Bolivarian Movement for a New Colombia, which would operate clandestinely for fear of attacks by right-wing paramilitaries. (Previous attempts to establish a political party in the 1980?s ended in the deaths of over 2000 of its members). The FARC-EP?s new initiatives, including a plan to increase their fighting force to 32,000 members, have been interpreted as an attempt to keep pace with the massive increase in military expenditures called for in the Government?s Plan Colombia. The 3-year Plan comprises a budget of $7.6 billion, $4.8 billion of which is slated for the military. Of that amount, $1.6 billion is requested from the US, $1.3 billion for military hardware. US congressional approval is expected in Summer, 2000. Although ostensibly "anti-drug," the equipment is destined for FARC-EP-controlled areas, a fact prompting US Senator Patrick J. Leahy to state, "What we are seeing is a dramatic ratcheting up of a counterinsurgency policy in the name of counterdrug policy." Europe is also to provide $1.25 billion.

Talks between the FARC-EP and the Government were hopeful after a joint 2-week trip through Europe in February 2000 by representatives of FARC-EP and the government, but were temporarily derailed in May when officials blamed the FARC-EP for the May 15 "necklace bomb" that killed two in the municipality of Chiquinquirá, department of Boyacá. The government withdrew their accusations, and talks on drug trafficking are scheduled to resume in the town of Los Pozos, 700 miles south of Bogotá, at the end of June and on a potential cease-fire on 3 July. Despite the peace talks, the fighting has continued in May, 2000 with 30 dead in combat between the FARC-EP and paramilitaries in the municipality of Paz de Ariporo in the department of Casanare, and the deaths of 15 FARC-EP in Urabá. The FARC-EP has been accused lately of stepping up attacks that threaten civilians, especially through the use of non-conventional weapons such as gas-cylinder bombs. At this time, FARC-EP holds an estimated 500-600 Colombian security force personnel as POW?s, and provided evidence in January 2000 as to their good treatment.

The violence has claimed over 35,000 lives in the last 10 years, and it is estimated that 3000 more people are being killed every year; the right-wing paramilitary organizations by themselves account for 1,000 civilian deaths in 125 massacres in 1999. Up to 1.5 million have been displaced, with 150,000 new IDCs every year, and over 800,000 Colombians have emigrated during the last four years alone. Colombia has the highest rate of kidnapping in the world, with 2945 people kidnapped in 1999.

UN Action:

Rpt S-G (E/CN.4/1997/50). Rpt S-G (E/CN.4/1996/29).

Rpt S-G (E/CN.4/1996/31/Add.1). Rpt S-G (E/CN.4/1996/57).

Rpt UNHCHR:

E/CN.4/1997/11; E/CN.4/1998/16; E/CN.4/1999/8; E/CN.4/2000/11.

Report of the UNHCHR on Human Rights and Mass Exoduses:

E/CN.4/1997/42.

Reports of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

Bacre Waly N?diaye: E/CN.4/1998/68/Add.1.

Asma Jahangir: E/CN.4/1999/39 & Add.1; E/CN.4/2000/3 & Add.1.

Reports of the Special Rapporteur on Torture:

Nigel S. Rodley: E/CN.4/1996/35 & Add.1; E/CN.4/1998/38 & Add.1; E/CN.4/1999/61;E/CN.4/2000/9 & Add.1.

Reports of the Working Group on Enforced or Involuntary Disappearances:

E/CN.4/1998/43; E/CN.4/1999/62; E/CN.4/2000/64.

Decisions and opinions of the Working Group on Arbitrary Detention:

E/CN.4/1996/40/Add.1; E/CN.4/1998/44/Add.1.

Reports by Representative of S-G on Internally Displaced Persons:

Francis Deng: E/CN.4/1999/79; E/CN.4/2000/83 & Add.1.

Note by Secretariat on Violations of Rights of Human Rights Defenders:

E/CN.4/Sub.2/1999/4.

Report of the Special Rapporteur on the Independence of Judges and Lawyers:

Param Cumaraswamy: E/CN.4/1996/37; E/CN.4/1998/39 & Add.2; E/CN.4/2000/61.

Report of the Special Representative of the Secretary-General for Children and Armed Conflict:

Olara Otunnu: E/CN.4/2000/71.

Report of the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance:

Maurice Glèlè-Ahanhanzo: E/CN.4/1997/71/Add.1.

Commission Chairperson?s Statement:

OHCHR/STM/98/2; OHCHR/STM/99/3; OHCHR/STM/00/22.

 

COMOROS

Statement:

The situation in Comoros (the Comoran Federation) is a civil war, with fighting between rival separatist groups.

Background:

In 1974, the four Comoran Islands were given the choice of independence or remaining under French administration. Grande Comore, Anjouan and Moheli chose independence, and formed the Comoran Islamic Federation. Mayotte voted by referendum to remain under French rule.

The Federation has had 18 coup attempts in 22 years, and its inhabitants have a significantly lower per capita income than those of Mayotte, who receive subsidized benefits from France.

In March 1997, the islands of Anjouan and Moheli declared their secession from the Federation and their desire to return to French rule, claiming that the federal government on Grande Comore did not support their development and gave Grande Comore residents better jobs. When France disavowed any intent to reclaim the islands, Moheli gave up its secession claim. Fighting began between rival militias on Anjouan. Anjouan?s self-proclaimed president Foundi Abdulla Ibrahim decided to renegotiate the island?s relationship with the Federation. Anjouan Prime Minister Abdou Mohammed Mindhi and the former prime minister Chamasse Said Omar decided to declare independence.

Current Situation:

In September 1998, 300 troops from the Federation sought to retake control of Anjouan but were forced back. Twenty to thirty Federal troops were killed and a hundred were captured. Several independent militias seized their weapons. In early December 1998, 60 people were killed, thousands were displaced, and property was looted and destroyed after an assassination attempt against Founndi. Witnesses reported summary execution of civilians. Later in December, a cease-fire was signed as a precursor to talks, initially to be coordinated by South Africa.

The OAU mediated the Antananarivo Agreement in April 1999, which would create a loose federal structure for the three islands, to be called the Union of Comoran Islands. Representatives of Anjouan failed to sign the agreement. Subsequently, there were violent attacks against Anjouans living in the capital, Morani, on Grand Comore. As a result, there was a coup by Army Chief of Staff Col. Assoumani Azzali, who dissolved the constitution and declared a transitional government. Azzali has said that there will be presidential elections in April 2000.

Beginning February 2000, the OAU will gradually impose travel and financial sanctions on the Anjouan leadership in response to its failure to honor a July 1999 commitment to sign the Antananarivo Agreement. In January, an Anjouan referendum rejected joining the federation by almost 95%. Some residents have complained of widespread voting irregularities.

UN Action:

GA Res 53/1 F (11/16/98).

Report of the Special Rapporteur on Mercenaries:

Enrique Bernales Ballesteros: E/CN.4/1998/31.

Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

Waly Bacre Ndiaye: E/CN.4/1998/68 & Add.1.

Report of the Special Rapporteur on the Elimination of Religious Intolerance:

Abdelfattah Amor: E/CN.4/2000/65.

 

CONGO, DEMOCRATIC REPUBLIC

Statement:

The situation in Democratic Republic of the Congo (DRC - formerly Zaire) is a civil war with international aspects and a current international war (Uganda/Rwanda) fought in the territory of the DRC.

Background:

In October 1996, Zairean "Banyamulenge" rebels led by Laurent Kabila launched an offensive against the government and quickly captured large sections of the country. Mainly comprised of Tutsis who had lived in the area for hundreds of years, they revolted when local officials attempted to engineer their expulsion at the behest of Rwandan and Burundian Hutu rebel groups based in the country. The rebels, called the Alliance of Democratic Forces for the Liberation of Congo-Democratic Republic of the Congo (ADFL), overthrew the 30-year government of President Mobutu Sese Seko on May 17, 1997.

Kabila?s forces emptied the rebel Hutu-controlled Rwandan refugee camps on the border and dislodged Burundian Hutu rebels with the assistance of the Rwandan government (see "Rwanda"). Kabila?s troops reportedly separated young men from the rest of refugees returning to Rwanda, and 8 massacre sites have been identified by UN field workers. In June 1998, a UN report claimed that Kabila?s forces and the Rwandan army were responsible for murdering thousands of Hutu. Soldiers from Angola and Uganda were also reported fighting alongside Kabila?s ADFL, ostensibly because Mobutu had harboured two groups of Ugandan rebels (see "Uganda") as well as UNITA forces (see "Angola").

Kabila renamed Zaire the Democratic Republic of the Congo, banned all political activity, and announced multi-party election in two years. Opposition political leaders, journalists and some human rights activists have been arrested.

In late June 1998, there was a clash with Bernard Mizele?s secessionist Bakango group. Then in August 1998, Tutsi rebel forces turned against Kabila and began a military drive in eastern Congo. There was a UN-brokered agreement made in Paris in the Fall of 1998, but military operations continued. Kabilia?s government is being supported militarily by Zimbabwe and Namibia. The rebel factions are backed by Rwanda and Uganda. Rebels from Rwanda, Burundi, Angola, and Uganda continue to operate out of Congolese territory. As many as 30,000 foreign troops are stationed in the country.

Current Situation:

The Lusaka Peace Accord was signed in August 1999 by Kabila and his allies, as well as all the main rebel factions. Under its terms, foreign soldiers and rebel militias such as the Burundian CNDD-FDD and Rwandan Interahamwe are supposed to be disarmed, and democratic elections are to be held within three years. There had been no agreement on an outside facilitator, a venue, or an agenda for peace talks by the end of the year.

Emile Ilunga, president of the rebel Congolese Rally for Democracy (RCD) complained to the UN in October 1999 about violations of human rights by Kabila, including anti-Tutsi violence, concentration camps, and summary executions of civilians. In February 2000, there were protests in rebel-held territory in the south-east over living conditions.

In November 1999, the Security Council established MONUC with a plan to send 3,400 peacekeepers and 500 military observers to monitor the Lusaka Accord. In its resolution 1291 of 2/24/00 the Security Council approved enlargement of MONUC to 5,537 military personnel with 500 observers. The Security Council expressed concerns raised by many observers of the situation in DRC about the illegal exploitation of the country?s natural resources (especially diamonds) by rebel and foreign troops.

In early June, renewed fighting broke out between Rwanda and Uganda, rather than between rebel factions and the central government. While initially these two countries had both supported the RCD, Uganda began to back the rival Congolese Liberation Movement (MLC) headed by J.-P. Bemba and E. Wamba dia Wamba, formerly of the RCD. Following brief skirmishes in August 1999 and May 2000, the two began intense fighting in Kisangani several days before the planned June 8 pull-out. Uganda attacked Rwandan positions in Kisangani in actions that, according to UN Peacekeeper Col. Danilo Paivo, amounted to "genocide against the city." The cathedral, hospitals and schools were shelled. A truce to have taken effect on 8 June 2000 was ignored, and Secretary-General Kofi Annan was in telephonic communication with Rwandan president Paul Kagame and Ugandan president Yoweri Museveni. Several days later, Rwandan troops drove back the Ugandan forces, and UN forces were able to establish themselves in between the two. The Secretary-General has called on all outsiders to leave the DRC..

Called "Africa?s World War," the fighting has been said to have resulted in 1.7 million casualties in 22 months (not counting casualties from the latest fighting): 700,000 direct war casualties and 1 million from war-related disease and hunger. An estimated 600,000 people were displaced by the fighting before the latest attacks in Kisangani.

UN Action:

(See also "Burundi" and "Uganda".)

MONUC (11/99-present).

SC Res 1291 (2/24/2000). SC Res 1279 (11/30/99).

SC Res 1273 (11/5/99). SC Res 1258 (8/6/99).

SC Res 1234 (4/9/99). SC Res 1097 (2/18/97).

GA Res 54/260 (4/7/2000).

GA Res 54/179 (12/17/99). GA Res 54/96B (12/8/99).

GA Res 53/160 (12/9/98). GA Res 52/169A (12/16/97).

Comm Res 2000/15.

Comm Res 1999/56. Comm Res 1998/61.

Comm Res 1997/58. Comm Res 1996/77.

Rpt S-G (S/2000/30).

Rpt S-G (S/2000/330). Rpt S-G (S/1999/790).

Notes by Secretariat:

E/CN.4/1999/30; E/CN.4/2000/43.

Reports of the Special Rapporteur:

Roberto Garreton: E/CN.4/1996/66; E/CN.4/1997/6 & Add.1,2; E/CN.4/1999/31.

Report of Joint Mission (R. Garreton and W.B. N?diaye): E/CN.4/1998/64.

Reports of the Working Group on Enforced or Involuntary Disappearances:

E/CN.4/1996/38; E/CN.4/1997/34; E/CN.4/1999/62; E/CN.4/2000/64.

Reports of the Working Group on Arbitrary Detention:

E/CN.4/1996/40/Add.1; E/CN.4/1997/4/Add.1; Dec No. 7/1996.

Reports of the Special Rapporteur on Torture:

Nigel S. Rodley: E/CN.4/1996/35 & Add.1; E/CN.4/1997/7 & Add.1; E/CN.4/1999/61; E/CN.4/2000/9.

Reports of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

Bacre Waly N?diaye: E/CN.4/1996/4; E/CN.4/1997/60/Add.1.

Asma Jahangir: E/CN.4/1999/39 & Add. 1; E/CN.4/2000/3 & Add.1.

Report of the Special Rapporteur on Mercenaries:

Enrique Bernales Ballesteros: E/CN.4/1998/31.

Report of Special Rapporteur on Freedom of Opinion and Expression:

Abid Hussain: E/CN.4/1999/64: E/CN.4/2000/63.

Note by Secretariat on Violations of Rights of Human Rights Defenders:

E/CN.4/Sub.2/1999/4.

Report of the Special Rapporteur on the Independence of Judges and Lawyers:

Param Cumaraswamy: E/CN.4/2000/61.

Report of the Special Representative of the Secretary-General for Children and Armed Conflict:

Olara Otunnu: E/CN.4/2000/71.

 

CONGO, REPUBLIC OF

Statement:

The situation in the Republic of Congo is a civil war with international dimensions.

Background:

In 1992, Pascal Lissouba was elected president of the Republic of Congo in the first democratic vote in that country, replacing Denis Sassou-Nguesso, who stepped down. Due to accusations of voting irregularities, a rival government and civil disobedience campaign was initiated by Brazzaville mayor Bernard Kolelas. A cycle of violence between the two leaders? rival militias continued into 1994, leaving over 2000 dead. Tensions rose again during the spring of 1997 as the country prepared for new election scheduled for July, 1997 and Lissouba and Sassou-Nguesso vied for control of Brazzaville.

A civil war broke out in June 1997 when the Army of the Republic of Congo attacked the Brazzaville residence of former president Sassou-Nguesso, claiming to be searching for arms. Rebel forces backing Sassou-Nguesso (the Cobra militia, reportedly supported by Rwanda, Uganda and Angola) seized Brazzaville in mid-October 1997, and several days later seized Pointe-Noire, the second-largest city and economic capital. Lissouba and Kolelas fled, and Sasso-Nguesso gained control of the government, announcing a three-year transition period leading to new presidental elections. A forum on unity and reconciliation took place in January 1998. Lissouba has been accused of genocide of the Bangali in 1997 and the Lari-Kongo in 1993-94.

A reported 1000-3000 Angolan soldiers fought with Sassou-Nguesso in an effort to dislodge UNITA rebels who had set up operations in Brazzaville following the fall of Mobuto Sese Seko in Zaire (see "Democratic Republic of the Congo" and "Angola"). Both sides reportedly used mercenaries from Europe and South Africa. There was also reported behind-the-scenes backing from France for Sassou-Nguesso, as Lissouba had broken the monopoly of Elf-Aquitaine over oil production.

Current Situation:

Kolelas and Lissouba?s militias resumed fighting in December 1998. There was heavy fighting in the Pool region as the government sealed off the area and bombarded it. An estimated 6000 were killed, mostly civilians. With Angolan backing the government launched a major offensive in May 1999 and claimed to capture all rebel bases in the center of the country.

Medecins Sans Frontieres accused both sides of perpetrating "blind and massive violence" against civilians, reporting that 250,000 refugees in the Pool region have been subject to summary executions, looting, and rape. Refugees claim that they were unable to return to Brazzaville sooner because they were prevented from leaving the Pool region by the rebels.

The government and rebel representatives signed the Pointe Noire truce in November 1999. A second peace accord, designed to consolidate the first agreement, was signed on December 29 by the government and five representatives of the rebel forces, with President Omar Bongo of Gabon acting as mediator. A general amnesty took effect on January 15, 2000 for rebels who would disarm and surrender. Thousands of rebels are reported to have taken part. Kolelas and Lissouba, currently in exile, are not included in the amnesty. In February, Kolelas said that he recognized the government of Sassou-Nguesso and supports the cease-fire.

Hundreds of thousands of people are displaced, an estimated 10,000 have died and 13,000 refugees from the fighting are staying in the northwest.

UN Action:

Rpt S-G (E/CN.4/2000/30).

Statement, Pres SC (S/PRST/1997/47)(10/16/97).

Statement, Pres SC (S/PRST/1997/[ ])(10/29/97).

Sub-Comm Res 1999/1. Sub-Comm Res 1997/1.

Report of the Special Rapporteur on Torture:

Nigel Rodley: E/CN.4/1998/38 & Add.1; E/CN.4/2000/9.

Report of the Working Group on Enforced or Involuntary Disappearances:

E/CN.4/1998/43.

Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

Bacre Waly Ndiaye: E/CN.4/1998/68 & Add.1.

 

CYPRUS

Statement:

The situation in Cyprus is a war of national liberation in exercise of the right to self-determination.

Background:

Serious strife began in 1963 over fears that the island would be joined with Greece. Then, in 1974, the Turkish Army invaded and thousands of Greek-Cypriot prisoners disappeared. Of a pre-1974 population of 200,000, 500 Greek Cypriots remain in Turkish-occupied Northern Cyprus. Their loss of property, now occupied by Turkish settlers, has never been compensated. Since the invasion, a buffer zone dividing the island into Greek and Turkish halves has been patrolled by UN peacekeepers.

The Turks declared a Turkish Republic of Northern Cyprus (TRNC) in 1983, which is not recognized by any state except Turkey. The Security Council, in resolution 550 (1984), "reiterated its call upon all states not to recognize the purported state of Turkish Republic of Northern Cyprus set up by secessionist acts and calls upon them not to facilitate or in any way assist aforesaid secessionist entity." In 1994 the European Court of Justice declared that the only legitimate government in Cyprus is the Government of the Republic of Cyprus.

Current Situation

In August 1996 Turkish forces shot and killed 2 demonstrators (Tasos Isaac and Solomos Spyrou Solomos) and wounded several UN Peacekeeping troops and a number of civilians in two separate incidents at the buffer zone. This was condemned in a statement of the UN Sub-Commission in August 1996.

Two rounds of direct talks took place under UN sponsorship during the Summer of 1997, but TRNC leader Rauf Denktash withdrew after the European Union and the Cypriot government began accession talks. Turkey?s official acceptance as a candidate for EU membership smoothed the way for discussions to resume in December 1999. A third round is expected in June 2000. The UN favors a peace plan based on a bi-communal, bi-zonal federation. Denkash, however, wants recognition of the TRNC and a confederation between two sovereign states.

In December 1998, the UN Security Council passed two resolutions calling for a reduction in military spending and the removal of military forces of the government of Turkey. At the end of January 1999, Cyprus decided against deployment of long-range missiles and is now considering purchasing short-range missiles that would not be capable of reaching the air space of Turkey.

A 1999 resolution by the Security Council, extending the mandate of the peacekeeping force, requires, for the first time, the approval of both the government of the Republic of Cyprus and the TRNC. The TRNC now claims that by requiring their consent to the deployment, the UN has recognized their sovereignty. The UN denies this assertion.

Turkey currently maintains more than 30,000 troops in the north and still occupies about 37% of Cyprus. There are 1230 UN peacekeepers on the island. The fate of the disappeared is still unknown.

UN Action:

UNFICYP (3/64-present).

Comm on Missing Persons in Cyprus.

SC Res 1283 (12/15/99).

SC Res 1251 (6/29/99). SC Res 1250 (6/29/99).

SC Res 1218 (12/22/98). SC Res 1217 (12/22/98).

SC Res 1179 (6/29/98). SC Res 1178 (6/29/98).

SC Res 1146 (12/23/97). SC Res 1117 (6/27/97).

SC Res 1092 (12/23/96). SC Res 1062 (6/28/96).

SC Res 1032 (12/19/95). SC Res 1000 (6/23/95).

SC Res 969 (12/21/94). SC Res 939 (7/29/94).

SC Res 927 (6/15/94). SC Res 902 (3/11/94).

SC Res 889 (12/15/93). SC Res 839 (6/11/93).

SC Res 831 (5/27/93). SC Res 796 (12/14/92).

SC Res 789 (11/25/92). SC Res 774 (8/26/92).

SC Res 759 (6/12/92). SC Res 716 (10/11/91).

SC Res 682 (12/21/90). SC Res 680 (12/14/90).

SC Res 657 (6/15/90). SC Res 649 (3/12/90).

SC Res 646 (12/14/89). SC Res 634 (6/9/89).

SC Res 625 (12/15/88). SC Res 614 (6/15/88).

GA Res 46/474 (9/14/92). GA Res 37/181 (12/17/82).

GA Res 32/128 (12/16/77). GA Res 3450 (XXX) (12/9/75).

GA Res 3212 (XXIX) (11/1/74).

Comm Dec. 2000/103.

Comm Dec. 1999/103. Comm Dec 1998/109.

Comm Dec. 1995/113. Comm Dec. 1994/110.

Comm Dec. 1993/109. Comm Dec. 1993/109.

Comm Dec. 1992/106. Comm Dec. 1991/106.

Comm Res 1987/50. Comm Res 4 (XXXI) (1975).

Sub-Comm Res 1987/19. Sub-Comm Res 1 (XXIII) (1975).

Rpt S-G (S/2000/496). Rpt S-G (E/CN.4/2000/90).

Rpt S-G (E/CN.4/2000/26). Rpt S-G (E/CN.4/1999/25).

Rpt S-G (S/1999/1203 & Add.1). Rpt S-G (S/1999/707).

Rpt S-G (S/1999/657). Rpt S-G (E/CN.4/1998/55).

Rpt S-G (S/1998/518). Rpt S-G (S/1998/488).

Rpt S-G (S/1997/973). Rpt S-G (S/1997/962).

Rpt S-G (S/1997/437). Rpt S-G (E/CN.4/1997/48).

Rpt S-G (E/CN.4/1996/54). Rpt S-G (E/CN.4/1995/69).

Rpt S-G (S/1994/1407). Rpt S-G (S/1994/1229).

Rpt S-G (S/1994/680 & Add.1). Rpt S-G (S/1994/380).

Rpt S-G (S/1994/262). Rpt S-G (S/26777 & Add.1).

Rpt S-G (A/49/758). Rpt S-G (E/CN.4/1994/46).

Rpt S-G (E/CN.4/1992/5). Rpt S-G (S/26438).

Rpt S-G (S/26026). Rpt S-G (S/25912 & Add.1).

Rpt S-G (S/25492). Rpt S-G (S/21183).

Rpt S-G (S/23780). Rpt S-G (S/24472).

Rpt S-G (S/24830). Rpt S-G (S/24050).

Rpt S-G (S/21340 & Add.1). Rpt S-G (S/21393).

Rpt S-G (S/21932). Rpt S-G (S/21981 & Add.1).

Rpt S-G (S/20663 & Add.1). Rpt S-G (S/21010 & Add.1).

Rpt S-G (S/19927 & Add.1). Rpt S-G (S/18880 & Add.1).

Rpt S-G (S/19304 & Add.1).

Report of the Secretariat Review Team on the UN Peacekeeping Force in Cyprus (S/21982).

Reports of the Working Group on Enforced or Involuntary Disappearances:

E/CN.4/1990/13; E/CN.4/1991/20; E/CN.4/1992/18; E/CN.4/1993/25; E/CN.4/1994/26; E/CN.4/1995/36; E/CN.4/1996/38; E/CN.4/1997/34; E/CN.4/1998/43; E/CN.4/1999/62.

Report of the Special Rapporteur on Torture:

Nigel S. Rodley: E/CN.4/1995/34; E/CN.4/1997/7 & Add.1; E/CN.4/2000/9.

Report of the Special Rapporteur on the Elimination of Religious Intolerance:

Abdelfattah Amor: E/CN.4/1995/91; E/CN.4/1997/91; E/CN.4/2000/65.

Report of the Special Rapporteur on Contemporary forms of Racism:

Maurice Glélé-Ahanhanzo: E/CN.4/1999/15; E/CN.4/2000/16.

Report of the UNHCHR on Human Rights and Mass Exoduses:

E/CN.4/2000/81.

 

EAST TIMOR

Statement:

The situation in East Timor is a war of national liberation in exercise of the right to self-determination with a recent referendum on independence.

Background:

East Timor was a Portuguese colony for over 300 years. In 1975, as Portugal was preparing to grant independence to the territory, the Indonesian army mounted an invasion, annexed East Timor (in 1976), and has occupied the territory ever since. The UN has never recognized Indonesia?s claim of sovereignty. Indonesia has waged a brutal counterinsurgency campaign of political imprisonment, arbitrary arrest, murder and rape against the resistance movement. During the occupation, up to 200,000 Timorese (approximately one-third of the population) died of disease, starvation, or were murdered.

In November 1991, soldiers fired on a peaceful demonstration of approximately 2000 in the Santa Cruz cemetery of Dili. Up to 270 people may have died and another 200 have "disappeared." There is evidence that some of the wounded taken to a military hospital were deliberately killed. The UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions found reasons to believe that the killings were a planned military operation. Ten low-ranking members of the security forces were charged with disobeying orders and one with assault or cutting off of the ears of a demonstrator, while six senior officers were found guilty of misconduct. Although no officers were charged with serious assault or murder, thirteen civilians participating in the protest were sentenced to terms up to life imprisonment. There are also credible reports of forced or involuntary sterilizations of Timorese girls and women by Indonesian authorities.

The government arrested the resistance?s top leader, Jose (Xanana) Gusmao, in 1992, and the second in command, M ?Huno da Costa Gomes, in April, 1993. On May 21, 1993, in a highly criticized trial, Xanana was sentenced to life imprisonment. In 1995, Carmel Budiardjo won the Right Livelihood prize for her work on East Timor. Carlos Felipe Ximenes Belo, East Timor?s Archbishop, and Jose Ramos Horta, an exiled Timorese leader, were awarded the 1996 Nobel Peace Prize "for their work towards a just and peaceful solution to the conflict."

During 1997, UN Secretary-General Kofi Annan initiated three rounds of talks between Indonesia and Portugal in the hopes of creating new progress towards a settlement. Nelson Mandela had been continuously requesting Soeharto to release Xanana since Mandela?s visit to Xanana in July, 1997. The Secretary-General also named Jamshal Marker as UN Mediator.

Current Situation:

Indonesian President Soeharto resigned in May 1998 and his successor B.J. Habibie promised the release of Timorese political prisoners. Some were released throughout the remainder of 1998. Xanana was finally moved from prison to house arrest in February 1999 and released in September 1999.

On January 27, 1999, the Indonesian government announced it would consider giving East Timor its independence if its proposal for "special autonomy" were rejected. In the days before the August 30, 1999 referendum, anti-independence militias staged intimidation campaigns, carrying machetes and automatic weapons around neighborhoods, and firebombing the office of the National Council of Timorese Resistence in Lospalos. Nevertheless, the vote resulted in a landslide victory for independence supporters.

After the result was announced on September 4, 1999 there was widespread violence and killing. The Indonesian military originally denied responsibility, but separate Indonesian and UN investigations have since accused the army and senior minister General Wiranto, who led the armed forces at the time of the vote, of supporting the anti-independence militias. 750,000 East Timorese (out of a population of less than 900,000) were displaced by the fighting, and the capital, Dili, was nearly destroyed.

In September, 1999 Habibie agreed to allow UN peacekeepers, and in October he turned over authority for East Timor to the UN. On October 20, 1999, Indonesia?s legislature voted to renounce all claims to East Timor. The UN Mission (UNAMET), has military, police, governance, and humanitarian components and is expected to remain two to three years until a Timorese government is elected.

ECOSOC has set up a team to investigate violence in the region between January 1999, when the decision to allow the referendum was made, through the post-election violence. The UN High Commissioner for Human Rights said that there was "overwhelming evidence that East Timor has seen a deliberate, vicious and systematic campaign of gross violations of human rights." UN officials have found evidence of wide-spread murder, rape, and torture. Several sites of mass graves have been found, and more than 300 people were killed during the violence, including a massacre of 56 men found buried in the town of Passabe, and up to another ten more buried nearby in West Timor. Passabe is in the Oecussi enclave, surrounded on three sides by Indonesian-controlled West Timor.

Hundreds of thousands of people fled to West Timor, have been living in camps, and have been intimidated from returning by militia members. They are slowly returning to East Timor. Inadequate sanitation and medical supplies in the camps have resulted in the deaths of at least 500 people, many of them infants.

UN Action:

UNTAET (10/99-present).

SC Res 1272 (10/25/99). SC Res 1264 (9/15/99).

SC Res 1262 (8/27/99). SC Res 1258 (8/3/99).

SC Res 1246 (6/11/99). SC Res 1236 (5/7/99).

SC Res 389 (4/22/76). SC Res 384 (12/22/75).

GA Res 54/246B (4/7/2000). GA Res 54/24A (12/23/99).

GA Res 54/194 (12/17/99). GA Res 54/20B (4/7/2000).

GA Res 54/96H (12/15/99). GA Res 54/20A (10/29/99).

GA Res 37/30 (11/23/82). GA Res 1541 (XV) (12/15/60).

GA Res 1514 (XV) (12/14/60).

Comm Res 1999/S-4/1. Comm Res 1997/63.

Comm Res 1993/97. Comm Res 1992/84.

Comm Res 1983/8.

Sub-Comm Doc E/CN.4/1995/L.7.

Sub-Comm Res 1993/12. Sub-Comm Res 1992/20.

Sub-Comm Res 1990/15. Sub-Comm Res 1989/7.

Sub-Comm Res 1987/13. Sub-Comm Res 1984/24.

Sub-Comm Res 1983/26. Sub-Comm Res 1982/20.

Rpt S-G (S/2000/53 & Add.1,2). Rpt S-G (E/CN.4/2000/115).

Rpt S-G (E/CN.4/1999/28). Rpt S-G (S/1999/862).

Rpt S-G (S/1999/803). Rpt S-G (S/1999/705).

Rpt S-G (S/1999/595). Rpt S-G (S/1999/513).

Rpt S-G (E/CN.4/1998/58). Rpt S-G (E/CN.4/1997/51 & Add.1).

Rpt S-G (E/CN.4/1996/56). Rpt S-G (E/CN.4/1995/72).

Rpt S-G (E/CN.4/1994/61). Rpt S-G (E/CN.4/1993/49).

Report of the High Commissioner for Human Rights:

E/CN.4/1996/112; E/CN.4/2000/27.

Notes by Secretariat:

E/CN.4/2000/44; E/CN.4/2000/45.

Reports of the Working Group on Enforced or Involuntary Disappearances:

E/CN.4/1990/13; E/CN.4/1991/20; E/CN.4/1992/18; E/CN.4/1993/25; E/CN.4/1995/36; E/CN.4/1996/38; E/CN.4/1997/34; E/CN.4/1999/62; E/CN.4/2000/64.

Reports of the Working Group on Arbitrary Detention:

E/CN.4/1994/27; E/CN.4/1995/31 & Add.2; E/CN.4/1996/40/Add.1;

E/CN.4/1997/4/Add.1, Dec.No. 36/1996; E/CN.4/1999/63 & Add.1; E/CN.4/2000/4/Add.2; E/CN.4/2000/4 & Add.1.

Reports of the Special Rapporteur on Torture:

P. Kooijmans: E/CN.4/1990/17; E/CN.4/1991/17; E/CN.4/1992/17 & Add.1; E/CN.4/1993/26.

Nigel S. Rodley: E/CN.4/1994/31; E/CN.4/1995/34; E/CN.4/1996/35 & Add.1; E/CN.4/1997/7 & Add.1; E/CN.4/1999/61; E/CN.4/2000/9.

Reports of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

S. Amos Wako: E/CN.4/1990/22; E/CN.4/1991/36; E/CN.4/1992/30.

Bacre Waly N?diaye: E/CN.4/1993/46; E/CN.4/1994/7; E/CN.4/1995/61 & Add.1; E/CN.4/1996/4; E/CN.4/1998/68 & Add.1.

Asma Jahangir: E/CN.4/1999/39 & Add. 1; E/CN.4/2000/3 & Add.1.

Reports of the Special Rapporteur on the Elimination of Religious Intolerance:

Angelo Vidal d?Almeida: E/CN.4/1991/56; E/CN.4/1992/52; E/CN.4/1993/62 & Corr.1.

Abdelfattah Amor: E/CN.4/1995/91/Add.1; E/CN.4/1997/91; E/CN.4/2000/65.

Report of the Special Rapporteur on Violence against Women:

Radhika Coomaraswamy: E/CN.4/1999/68/Add.3; E/CN.4/2000/68.

Note by Secretariat on Violations of Rights of Human Rights Defenders:

E/CN.4/Sub.2/1999/4 & Add.2.

Report of the Special Rapporteur on Contemporary forms of Racism:

Maurice Glélé-Ahanhanzo: E/CN.4/2000/16.

Report of the Special Rapporteur on the Independence of Judges and Lawyers:

Param Cumaraswamy: E/CN.4/2000/61.

Report of Representative of S-G on IDPs:

Francis Deng: E/CN.4/2000/83.

 

ERITREA

Statement:

The situation in Eritrea is an international armed conflict with Ethiopia.

Background:

Eritrea and Ethiopia were ruled by an Italian colonial government beginning in 1889, then by a British military administration from 1941 ? 1952. They then formed a federation, but due to a gradual reduction in autonomy for Eritrea, war broke out in 1961. The conflict ended in 1991 with Eritrea?s independence. Ethiopian Prime Minister Meles Zenawi and Eritrean leader Isaias Afwerki, former friends in the struggle again Ethiopia?s former ruler Mengistu Haile Mariam began small skirmishes, the most pronounced when Eritrea introduced its own currency in 1997 over the objections of Ethiopia.

Current Situation:

On May 13, 1998 Eritrea and Ethiopia began fighting over disputed border regions. The Ethiopian government accused Eritrea of occupying areas in the northwest and Eritrea said it was reacting to border violations of Ethiopia on May 6, 1998. High intensity fighting ebbed in June 1998 after thousands were killed, but frequent shelling continued.

Severe fighting began again on February 6, 1999, after seven months of international diplomacy, especially on the part of the Organization of African Unity (OAU), failed to resolve the conflict. Most observers blame Eritrea for rejecting the OAU plan, the only proposal on the table. Air strikes resumed in breach of a June 1998 moratorium. Fighting in February and March 1999 resulted in up to 60,000 killed.

Fighting continued sporadically for the remainder of 1999, with Ethiopia regaining some territory. Then intense fighting broke out in April and May 2000, with Ethiopia making substantial military gains. Both sides apparently concur that this renewed fighting has cost tens of thousands of new military casualties. On June 9, 2000, Eritrea accepted a new OAU peace plan (although the plan is nearly identical to the earlier plan) worked out in Algiers, subsequently approved by Ethiopia. Under this plan, signed June 18, 2000 in Algiers, both sides would retreat to positions held on May 6, 1998, and UN forces would monitor a 15-mile-wide buffer zone on Eritrean border territory while UN mediators worked out a boundary (line of demarcation) between the two countries.

Both sides accuse each other of forcibly deporting each other?s nationals. There are an estimated 600,000 refugees from the fighting, including 150,000 Eritreans living in temporary camps along the Ethiopian border with little shelter. Almost 70,000 Eritreans were illegally expelled by Ethiopia after their property was confiscated, including nationals who are of Eritrean origin.

Several Somali factions have accused Eritrea and Ethiopia of arming them to fight against each other. Somali groups have also accused Eritrea of training Ethiopian rebel groups in southern Somalia.

UN Action:

SC Res 1298 (5/17/2000). SC Res 1297 (5/12/2000).

SC Res 1227 (2/10/99). SC Res 1226 (1/29/99).

SC Res 1177 (6/26/98). SC Res 1227.

Rpt S-G (S/2000/530).

Report of the Working Group on Arbitrary Detention:

E/CN.4/1999/63 & Add.1.

Report of Working Group on Enforced or Involuntary Disappearances:

E/CN.4/1999/62; E/CN.4/2000/64.

Report of Special Rapporteur on the Elimination of Religious Intolerance:

Abdelfattah Amor: E/CN.4/2000/65.

Report of Special Rapporteur on Torture:

Nigel Rodley: E/CN.4/2000/9.

 

ETHIOPIA

Statement:

The situation in Ethiopia is an international armed conflict with Eritrea.

Background:

(Please see "Eritrea" for discussion of the conflict.)

Current situation:

(Please see "Eritrea" for current situation.)

The situation in Ethiopia is compounded by serious allegations of violations of human rights.

UN Action:

SC Res 1227 (2/10/99). SC Res 1226 (1/29/99).

SC Res 1177 (6/26/98). SC Res 1227.

Rpt S-G (S/2000/530).

Report of the Special Rapporteur on Torture:

Nigel Rodley: E/CN/4/1998/38 & Add.1; E/CN.4/1999/61; E/CN.4/2000/9.

Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

Asma Jahangir: E/CN.4/1999/39 & Add. 1.

Report of Working Group on Enforced or Involuntary Disappearances:

E/CN.4/1999/62; E/CN.4/2000/64.

Report of the Working Group on Arbitrary Detention:

E/CN.4/1999/63 & Add.1; E/CN.4/2000/4 & Add.1.

 

GEORGIA

Statement:

The situation in Georgia involves two civil wars.

Background:

In 1989 South Ossetians began fighting to reunite with the Russian region of North Ossetia from which they had been divided by Stalin. The conflict ebbed when a Russian peacekeeping force arrived in 1992. At least 2000 were killed in this conflict.

Many ethnic Georgians who were expelled during the conflict have yet to return. Ethnic Ossetians who were subsequently expelled from Georgia proper remain in North Ossetia, where they helped expel ethnic Ingush and moved into their homes. Many of the Ingush in turn fled to Chechnya. An estimated 500,000 people remain displaced due to these events, including Russians expelled from Chechnya (see "Chechnya").

The Muslim Abkhazians have been fighting for their independence from Christian Georgia since 1989. In August 1992, the government sent troops to quell the separatists. In September 1993, with forces made up of a majority of mercenaries from the Russian Federation, Abkhazians captured the remainder of their region from the Georgian government troops. Despite a subsequent cease-fire, Georgian civilians in these areas were killed and tortured, and over 300,000 were forced to leave Abkhazia. The Abkhazian parliament adopted a "national" constitution in November 1994 and a president was inaugurated on December 6 of that year.

Current Situation:

In November 1996, Ludwig Chibirov was inaugurated the first president of the self-proclaimed republic of South Ossetia. Georgia does not recognize the election. Although some Ossetians are demanding unification with North Ossetia, in May 1998, North Ossetian President Alexander Dzasakhov rejected the possibility. The Georgian government has offered to give the South Ossetians significant autonomy in return for recognition of Georgian sovereignty over the region.

The 1996 parliamentary elections in Abkhazia were denounced by Georgian President Eduard Sheverdnazi for their exclusion of Georgian refugees. Few Georgians remain in Abkhazia despite accounting for 50 percent of the population prior to the conflict. Currently, there are over 300,000 refugees from the region, mostly Georgian. Despite the destruction of over half the residences in the district of Ghali, some 30,000 people who had returned to their homes were forced to flee again after their villages were attacked in May 1998. Independent observers report that the CIS forces did nothing to prevent these attacks. After a new ceasefire, about 10,000 have returned again, but the presence of landmines makes the region hazardous. The Ghali district was nearly 100% ethnic Georgian before the war.

There are frequent exchanges of gunfire across the ceasefire line. In February 1998, President Shevardnadze survived a second assassination attempt. There have been attacks on UNOMIG and CIS forces in Abkhazia, including the laying of landmines, grenades thrown into UNOMIG headquarters, car hijacking and the ambush of an UNOMIG bus.

High level talks have taken place between the government and the Abkhazi separatists. The first meeting of the co-ordination commission, the permanent body of the Geneva Talks working towards an Abkhazi settlement, met in Sukhumi in December 1997. The United States, the European Union, and Russia promised to provide millions of dollars for economic development of the region after the return of Georgian refugees. Talks scheduled for November 1998 were cancelled due to continued disagreement over several key issues.

In October 1999, Ardzinba won a second five-year term as "president" of Abkhazia, running unopposed. Also in October, a refendum confirmed popular support for independence. In December 1999, a UN proposal for redistributing Georgia?s constitutional powers was rejected by Ardzinba, who continues to seek recognition of Abkhazi?s status as an independent state.

A prisoner exchange took place February 2000.

UN Action:

UNOMIG (8/93-present).

SC Resw 1287 (1/31/2000). SC Res 1255 (7/30/99).

SC Res 1225 (1/28/99). SC Res 1187 (7/30/98).

SC Res 1150 (1/30/98). SC Res 1124 (7/31/97).

SC Res 1096 (1/30/97). SC Res 1077 (10/22/96).

SC Res 1065 (7/12/96). SC Res 1036 (1/12/96).

SC Res 993 (5/12/95). SC Res 971 (1/12/95).

SC Res 937 (7/21/94). SC Res 934 (6/30/94).

SC Res 906 (3/28/94). SC Res 901 (3/4/94).

SC Res 896 (1/31/94). SC Res 892 (11/22/94).

SC Res 881 (11/4/93). SC Res 876 (10/19/93).

SC Res 858 (8/24/93). SC Res 854 (8/6/93).

SC Res 849 (7/9/93).

GA Res 47/241 (7/31/92).

Comm Res 1994/59. Comm Res 1993/85.

Note of the Security Council President (S/25198).

Rpt S-G (S/2000/39).

Rpt S-G (S/2000/345). Rpt S-G (S/1999/805).

Rpt S-G (S/1999/60). Rpt S-G (S/1998/1012).

Rpt S-G (S/1998/647 & Add.1). Rpt S-G (S/1998/497).

Rpt S-G (S/1998/375 & Add.1). Rpt S-G (S/1998/51).

Rpt S-G (S/1997/827 & Add.1). Rpt S-G (S/1997/558 & Add.1).

Rpt S-G (S/1997/340). Rpt S-G (S/1997/47).

Rpt S-G (S/1995/937). Rpt S-G (S/1995/657).

Rpt S-G (S/1995/342). Rpt S-G (S/1995/181).

Rpt S-G (S/1995/10 & Add.1,2). Rpt S-G (S/1994/1160).

Rpt S-G (S/1994/818 & Add.1). Rpt S-G (S/1994/725).

Rpt S-G (S/1994/529 & Add.1). Rpt S-G (S/1994/312 & Add.1).

Rpt S-G (S/1994/253). Rpt S-G (S/1994/80 & Add.1).

Rpt S-G (S/26646 & Add.1). Rpt S-G (S/26551).

Rpt S-G (S/26250 & Add.1). Rpt S-G (S/26023 & Add.1,2).

Rpt S-G (S/25188).

Report of the Special Rapporteur on Torture:

Nigel S. Rodley: E/CN.4/1995/34; E/CN.4/1998/38 & Add.1; E/CN.4/1999/61; E/CN.4/2000/9.

Report of the Special Rapporteur on the Question of the Use of Mercenaries

Enrique Bernales Ballesteros: E/CN.4/1994/23; E/CN.4/1997/24; E/CN.4/2000/14.

Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary

Execution: Bacre Waly N?diaye: E/CN.4/1996/4; E/CN.4/1998/68 & Add.1.

Asma Jahangir: E/CN.4/1999/39 & Add. 1.

Report of Special Rapporteur on Freedom of Opinion and Expression:

Abid Hussain: E/CN.4/1999/64.

Report of Special Rapporteur on the Elimination of Religious Intolerance:

Abdelfattah Amor: E/CN.4/2000/65.

 

GUINEA BISSAU

Statement:

The situation in Guinea Bissau is a civil war with a peace plan.

Background:

Guinea Bissau became independent from Portugal in 1974 after a long guerilla war. In 1980, Joao Bernardo Viera seized power in a coup and in 1994 he won multi-party elections. During 1997-1998, the wages of the soldiers began declining after a bumpy conversion from the peso to the regional francophone currency.

On June 6, 1998, President Viera fired armed forces chief-of-staff Ansumane Mane after accusing him of participating in gun-running to separatists in the Casamance province of Senegal (see "Senegal" in back). Subsequently, there was an army mutiny. Troops from Senegal and Guinea (Conarky) moved to protect the president as most of the army?s 6000 soldiers joined the rebel side. The country?s infrastructure was severely damaged, thousands were killed and hundreds of thousands fled the fighting.

On November 1, 1998, both sides agreed to an accord and on December 15, 1998, agreed to a protocol to that accord under which ECOMOG soldiers were to be deployed and a national unity government set up in preparation for March 1999 elections.

Current Situation:

Fighting began again on January 31, 1999, ending a three-month ceasefire. 80 people were killed, hundreds wounded and thousands more displaced. A three-point accord signed on February 3, 1999, provided for ECOMOG deployment. Although 1500 ECOMOG troops are authorized, only about 600 were expected as the situation in Sierra Leone required their presence there (see "Sierra Leone").

In February 1999, a 16-member national unity government was formed with the participation of both sides. In May, President Vieira was overthrown by the Junta Militar, including Mane. During the resultant fighting, civilians and foreign nationals were killed. The Government of National Unity, however, remained in power. Vieira is now living in exile in Portugal.

Presidential and legislative elections took place on November 24, 1999. Kumba Yalla, leader of the Social Renewal Party, won the presidential elections in a runoff vote in January 2000.

UN Action:

SC Res 1233 (4/6/99). SC Res 1216 (12/21/98).

Rpt S-G (S/2000/250). Rpt S-G (S/1999/1276).

Rpt S-G (S/1999/741). Rpt S-G (S/1999/294).

Report of the Special Rapporteur on Torture:

Nigel S. Rodley: E/CN.4/1999/61; E/CN.4/2000/9.

Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

Asma Jahangir: E/CN.4/2000/3 & Add.1.

 

IRAN

Statement:

The situation in Iran is a civil war. There is also armed action between Kurdish groups in Iran and Iraq, with some implications for the Iranian government.

Background:

The armed conflict in Iran is between the government and the National Council of Resistance (NCR), established in Tehran in 1981. The NCR consists of the People?s Mojahedin Organization, the Kurdish Democratic Party, the National Democratic Front and groups affiliated with these three organizations. The National Liberation Army of Iran (NLA), the military wing of the NCR, has maintained control of certain areas in Iran. At present, a majority of the NLA?s top military commanders are women, and women comprise about 35% of the armed forces. The NLA was able to amass huge supplies of weapons and war materiel by raids in Iran in the closing years of the Iraq-Iran war, including US and British-made tanks and personnel carriers.

The Iranian government has been carrying out assassinations against Iranian exiles around the world including the 1990 murder of Kasem Rajavi, the NCR Human Rights representative in Geneva, and the 1996 murders of Zahra Rajabi, who worked with refugees, and her colleague Abdul Ali Moradi in Istanbul. There were many demonstrations in Iran in 1996 protesting the Irani regime?s human rights abuses. Irani forces fired on some of them killing, in two incidents, 27 in a protest in north-western Iran in March, and 7 in Lorestan Province in April. 130 students from Tabriz were arrested and nine hanged in public in May 1996.

In January 1997, Iran and Iraq began massing troops along the border in anticipation of an expected large-scale assault by Iran on NLA positions. The NLA is reported to have 30,000 soldiers at its Ashraf camp within Iraq. By August 1997, it was reported that the NLA had carried out 294 operations inside Iran since January, including attacks on bases of Iran?s Revolutionary Guards. During the Fall of 1997, an escalation of the numbers of military clashes took place, with reports of more than 350 between September 23 and November 3, 1997 alone. High casualties of government forces were reported in Khorramshahr, Moussian, Dehloran and Qasr-e-Shirin and in the provinces of Khuzistan, Ilam and Kermanshah. Air strikes by government forces began on September 29 against NLA base-camps situated near the cities of Kut and Jalula, Iraq, in the Iraqi no-fly zone.

The Irani regime claimed to have the ability to produce missiles with a 250 km range. (The longest-range missiles during the Iran-Iraq war had ranges of about 40 km). The Irani regime intends to mass-produce a light rapid-response battle tank (the Tosan), and announced in September 1997 that it also possessed the technology to produce fighter planes and tanks. There are disturbing but credible reports from UN bodies that the regime has stockpiled 200 tons of VX nerve gas and 6,000 gallons of anthrax.

Since the election of a new President, Mohammad Khatami, in May 1997 (he took office in August 1997), there has been little improvement in the overall situation of human rights in Iran, a significant escalation of civilian resistance activities, and a significant escalation in the armed conflict. There was a major demonstration on February 22, 1999 in Sanadaj in which 20 were killed, dozens wounded, and over 2000 arrested. Assassinations of political opponents in 1998 included the November 22, 1998, murders of author Darioush Fornouhar, his wife and two other writers by a group calling itself "Fedayian-e Islam." Bombing incidents attributed to the regime continue abroad as well as inside Iran. In February 1999, the regime denied a visa for the son of former US President Carter.

Current Situation:

The armed conflict again escalated in 1999 and up to the time of writing (June 2000). In June, Iran carried out a missle attack against the NLA?s "Aschraf" base. Numerous clashes took place in towns and villages throughout the country, some in towns quite near the capital. The NLA carried out an unusual "balloon warfare" event at the beginning of the school year when it launched huge balloons near the capital and elsewhere in the country that carried slogans and the photographs of its leaders. The NLA announced that it was involved in propaganda activities in 662 villages.

In late October 1999, President Khatami visited France. Although France had blocked its borders to prevent Iranian exiles from other countries from entering, Khatami?s visit provoked huge demonstrations in Paris as well as in eighteen other cities in Europe and North America. Following his return to Iran, the Iranian Armed Forces launched a SCUD missle attack on the NLA?s "Habib" base in southern Iraq, following which Iraq issued a communique warning that this represented a "threat" to the security of the area. A February 6, 2000, attempt against the NLA "Anzali" base failed when NLA forces discovered the missles before they fired.

In December 1999, the NLA lauched a series of attacks on the regime?s bases in Ilam province that continued into February 2000, expanding to include attacks directed at the regime?s forces in Kermanshah province. Accurate casualty figures are not available.

In 1999, there was also an increase in public hangings and in amputations of fingers and hands. Prisoners continue to be hanged, including over 42 prisoners in a five month period at Rajaishahr prision outside Tehran. Political arrests continue to escalate, and one of Khatami?s top advisors (former Deputy Prosecutor-General Abbas Abdi) reports that arrests had increased 3.5 times to nearly 500,000 per year. Public demonstrations also rose, including widespread student demonstrations and strikes in January 2000.

A large number of public demonstrations marred the February 18, 2000 Majlis elections, which reports indicate were largely boycotted. In one post-election demonstration in Shoush on February 19, 8 were killed, nearly one hundred wounded, and 200 arrested.

Regarding the situtation of the Kurdish population, a leading Kurdish organization urged a boycott of the February elections. There are still many land mines in the Kurdish regions of Iran, including the border areas of Salmas, Urmieh, Piranshar, Rabat and Bokan. The Kurdish people forcibly removed from Kermanshah during the war with Iraq have still not been allowed back to their homes, and their villages are heavily mined.

The UN action listed below generally does not address the armed conflict but rather the human rights abuses of the regime. The conflict is receiving increased international media attention.

UN Action:

UNIIMOG (8/88-2/91).

GA Res 54/177 (12/17/99).

GA Res 53/158 (12/9/98). GA Res 52/142 (12/12/97).

GA Res 51/107 (12/12/96). GA Res 50/188 (12/22/95).

GA Res 49/202 (12/23/94). GA Res 48/145 (12/20/93).

GA Res 47/146 (12/18/92). GA Res 45/173 (12/18/90).

Comm Res 2000/28. Comm Res 1999/13.

Comm Res 1998/80. Comm Res 1997/54.

Comm Res 1996/84. Comm Res 1995/68.

Comm Res 1994/73. Comm Res 1993/62.

Comm Res 1992/67. Comm Res 1991/82.

Comm Res 1990/79. Comm Res 1984/54.

Sub-Comm Res 1996/7. Sub-Comm Res 1995/18.

Sub-Comm Res 1994/16. Sub-Comm Res 1993/14.

Sub-Comm Res 1992/15. Sub-Comm Res 1991/9.

Sub-Comm Res 1990/9. Sub-Comm Res 1990/8.

Reports of the Special Representative:

Reynaldo Galindo Pohl: E/CN.4/1990/24; E/CN.4/1991/35; E/CN.4 1992/34; E/CN.4/1993/41 & Add.1; E/CN.4/1994/50; E/CN.4/1995/55.

Maurice Copithorne: E/CN.4/1996/59; A/51/479 (11 Oct.1996);

E/CN.4/1997/63; A/52/472; E/CN.4/1998/59; E/CN.4/1999/32; E/CN.4/2000/35.

Report of the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression:

Abid Hussain: E/CN.4/1996/39/Add.2; E/CN.4/1999/64.

Reports of the Working Group on Enforced or Involuntary Disappearances:

E/CN.4/1990/13; E/CN.4/1991/20; E/CN.4/1992/18; E/CN.4/1993/25; E/CN.4/1994/26; E/CN.4/1995/36; E/CN.4/1996/38; E/CN.4/1997/34; E/CN.4/1998/43; E/CN.4/1999/62; E/CN.4/2000/64.

Reports of the Working Group on Arbitrary Detention:

E/CN.4/1993/24; E/CN.4/1995/31 & Add.2; E/CN.4/1997/4 &

Add.1; Dec No 14/1996; E/CN.4/1997/4.

Reports of the Special Rapporteur on Torture:

P. Kooijmans: E/CN.4/1991/17; E/CN.4/1992/17; E/CN.4/1993/26.

Nigel S. Rodley: E/CN.4/1994/31; E/CN.4/1995/34; E/CN.4/1996/35 & Add.1;

E/CN.4/1997/7 & Add.1; E/CN.4/1998/38 & Add.1; E/CN.4/1999/61; E/CN.4/2000/9.

Reports of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

S. Amos Wako: E/CN.4/1990/22; E/CN.4/1991/36; E/CN.4/1992/30.

Bacre Waly N?diaye: E/CN.4/1993/46; E/CN.4/1994/7; E/CN.4/1995/61; E/CN.4/1996/4; E/CN.4/1997/60 & Add.1; E/CN.4/1998/68 & Add.1.

Asma Jahangir: E/CN.4/1999/39 & Add. 1; E/CN.4/2000/3 & Add.1.

Reports of the Special Rapporteur on the Elimination of Religious Intolerance:

Angelo Vidal d?Almeida Ribeiro: E/CN.4/1991/56; E/CN.4/1992/52;

E/CN.4/1993/62 & Corr. 1.

Abdelfattah Amor: E/CN.4/1994/79; E/CN.4/1995/91 & Add.1; E/CN.4/1996/95/Add.2; E/CN.4/1997/91; E/CN.4/2000/65.

Report of the Special Rapporteur on Contemporary forms of Racism:

Maurice Glélé-Ahanhanzo: E/CN.4/2000/16.

Report of the Special Rapporteur on the Independence of Judges and Lawyers:

Param Cumaraswamy: E/CN.4/2000/61.

Report of the Special Rapporteur on Freedom of Opinion and Expression:

Abid Hussain: E/CN.4/2000/63.

 

IRAQ

Statement:

The situation in Iraq is (1) lingering consequences from the international war in 1991 and (2) current US/UK air attacks. There has also been armed conflict involving two Kurdish groups in the north, not necessarily directed against the Iraqi government. Internal unrest against the Iraqi government does not reach civil war proportions at this time.

Background:

The UN Security Council imposed sanctions on Iraq in 1990 in response to the Iraqi invasion of Kuwait. The Security Council approved the use of force as a last resort to drive Iraq from Kuwait. The then-USSR, under the leadership of Mikhail Gorbechev, sought to reach agreement with Iraq to withdraw from Kuwait, but the US pushed for military action. On January 16, 1991, the US began air strikes, and on February 24 began groud operations ? the same day that Iraq notified the Secretary-General that it had accepted a Gorbachev-brokered agreement to withdraw from Kuwait. The war formally ended in March 1991 (see SC Res 686), with Iraq?s final retreat from Kuwait and acceptance of a cease-fire agreement. The military operations included many incursions into Iraq itself, killing thousands of Iraqi civilians, injuring many thousands more, destroying hospitals and schools, and severely damaging Iraq?s infrastructure. Iraq?s water supply and medical facilities were essentially in shambles. The UN Under-Secretary-General, Maarti Ahtisaari, called the the destruction of Iraq "near-apocaliptic." Under Security Council resolution 687, the conditions to lift the sanctions expanded to include the destruction, under international supervision, of all ballistic missiles with a range greater than 150 kilometers, and all biological and chemical weapons and their research and manufacturing facilities. All goods, even humanitarian goods, for Iraq were to be approved by a special "approval" committee. The cease-fire agreement also included dividing Iraqi air space, creating two "no fly" zones: one in the north and one in the south. Iraq was to cease all air flights in these zones, while US forces could carry out air surveillance.

By 1996 UNICEF reported that 4,500 children under five were dying every month from hunger and disease as a result of UN sanctions, and that by 1994 alone, 500,000 children under five had died. World Food Program (WFP) reports at that time showed that four-million people, or one fifth of the population were then at severe nutritional risk, and that deaths from malnutrition had increased eightfold since 1989. In a sample of children living in Baghdad, WFP found 28% were stunted and 29% were underweight. Other sources report critical numbers of people with vitamin D deficiency, diarrhoea, dehydration, typhoid, diabetes and hepatitis. There was a lack of vaccines, antibiotics, and anaesthesia, and surgeries were reduced by 70%. Because chlorine was banned under the sanctions, water was unsanitary. In late 1996, Iraq was given permission to sell $2.14 billion of oil every 6 months to purchase food and medicine. However, a January 1998 mission to Iraq by the World Council of Churches found that malnutrition and illness of Iraqi civilians was in crisis proportions. On February 2, 1998, UN Secretary-General Kofi Annan urged doubling allowed oil sales to $5.2 billion because the $2.14 "is inadequate to prevent further deterioration in humanitarian conditions in Iraq."

The health and nutrition situation of the people of Iraq has been further compounded by the use of weapons containing depleted uranium (DU) by US forces and some British forces during the Gulf War. The weapons have contaminated the ground and water supply. There has been a significant increase in miscarriages and birth defects as well as in the cancers and other illnesses attributed to the level of radiation from these weapons. Livestock and farm lands are seriously affected. Radioactive shell casings over much of Iraq continue to cause contamination, and Iraq has no capability for clean-up.

The health and nutrition situation of the Iraqi people was made even more precarious due to two severe empdemics affecting cattle: the screw worm fly and hoof and mouth disease. The screwworm fly, never known in Iraq or at that latitude, appeared first near Baghdad in 1996. Iraq has had no means to control it and the needed supplies have not been approved by the sanctions "approval"committee. The re-occurance of hoof and mouth disease, previously eradicated in Iraq, is in part blamed on the destruction of the vaccine laboratory by the sanctions commission due to fears that the facility could be used for weapons purposes.

The Iraqi-Kurdish Situation

Some fighting occurs between Kurdish groups and Iraq forces, and other groups have used arms against the government. In addition to civil disturbances, thousands have died since 1994 in fighting between the Patriotic Union of Kurdistan (PUK) and the Kurdish Democratic Party (KDP) for control of northern Iraq. The Iraqi government has been excluded from this area since 1991 by the military presence of the United States.

Iraqi assistance to the KDP in mid-1996 led to renewed bombing of the country by the United States. In October of that year, the PUK and the KDP agreed to a cease-fire, and in January 1997, they agreed to accept the presence of peacekeepers in disputed areas. Sporadic fighting has continued between the two factions. According to the KDP, in November 1996 Turkish troops bombed Kurdish villages in Northern Iraq and attacked civilians. Turkish troops often cross the border in search of Kurdistan Workers? Party (PKK) rebels and continued to do so throughout 1998 (see "Turkey").

Current Situation:

In December 1998, the United States and British forces, acting on their own, began a country-wide bombardment of Iraq under the name "Operation Desert Fox" because of differences between the US and Iraq over the weapons inspection process. Since the termination of "Desert Fox" in January 1999, Iraq began challenging aircraft patrolling the "no fly" zone and is reported to have fired over 400 times. During 1999, US and British planes dropped an estimated million pounds of bombs on 400 military targets. However, while the US and British forces have suffered no casualties, a number of Iraqi civilians have been killed or injured, and numerous schools and hospitals have been hit. Also in 1999, there was information provided by UN weapons inspector Scott Ritter that the US CIA improperly used UNSCOM and "manipulated" information to justify Desert Fox.

In the fall of 1999, the United Nations established a new weapons-inspection authority (UNMOVIC) and Hans Blix (Sweden) was appointed its head, officially taking office in early March, 2000. Iraq has issued statements that it will not cooperate with UN inspection programmes until sanctions are lifted, and it is unclear whether Blix will be able to carry out his mandate without modification of the programme.

There is increased pressure on the United States and UK to end the sanctions following recent assessments from UN bodies (UNICEF/WHO/FAO:World Food Programme) of the worsening situation of Iraqi civilians. Debate over the sanctions increased sharply with the resignations of two UN coordinators of humanitarian aid to Iraq. In September 1998 Dennis Halliday resigned, calling the sanctions a "totally bankrupt concept." His replacement, Han von Sponeck, resigned in early 2000. Von Sponeck?s resignation was followed by the resignation of the World Food Programme?s coordinator in Iraq. Both of these UN officials commented on the gross inadequacy of the Oil for Food programme to provide for basic needs. They claim the result has been high numbers of deaths from stavation or preventable medical problems as well as the acute suffering of the Iraqi people. The UN officials attest to the medical and educational catastrophe of the Iraqi people. A number of international charities and non-governmental organizations, invoking fundamental principles of humanity and humanitarian law, are actively defying the sanctions to bring humanitarian aid to Iraq. A former British POW of the Iraqi military during the Gulf War is joined by British members of Parliament in a sanctions-breaking mercy flight called "Big Ben to Baghdad." An Italian group, Bridges to Baghdad, a US group, the American Friends Service Committee, a Greek group, Mothers for Mutual Security, and a bar association of Jordan are among those joining in sanctions-defying actions to Iraq. In August 1999, the Sub-Commission appointed member Mark Bossuyt (Belgium) to prepare a working paper on sanctions in light of existing humanitarian and human rights law.

The Iraqi-Kurdish Situation

An new peace agreement between the PUK and KDP was signed in September 1998 but has not yet been implemented. In October 1999, the two groups agreed to a prisoner exchange. Both groups have also unilaterally declared "provisional" governments, in violation of their 1998 agreement.

UN Action:

UNIIMOG (8/88-2/91); UNIKOM (4/91-99); UNSCOM - UN Special Comm; UNMOVIC (3/00-present).

SC Res 1293 (3/31/2000).

SC Res 1284 (12/17/99). SC Res 1281 (12/10/99).

SC Res 1280 (12/3/99). SC Res 1275 (11/19/99).

SC Res 1266 (10/4/99). SC Res 1242 (5/21/99).

SC Res. 1210 (11/24/98). SC Res 1205 (11/5/98).

SC Res 1194 (9/9/98). SC Res 1175 (6/19/98).

SC Res 1158 (3/25/98). SC Res 1154 (3/2/98)

SC Res 1153 (2/20/98). SC Res 1143 (12/4/97).

SC Res 1137 (11/12/97). SC Res 1134 (10/23/97).

SC Res 1129 (9/12/97). SC Res 1115 (6/21/97).

SC Res 1111 (6/4/97). SC Res 1060 (6/12/96).

SC Res 1051 (3/27/96). SC Res 949 (10/15/94).

SC Res 712 (9/19/91). SC Res 706 (8/15/91).

SC Res 688 (4/5/91). SC Res 687 (4/3/91).

SC Res 678 (11/29/90) SC Res 665 (8/25/90)

SC Res 668 (4/5/91). SC Res 666 (9/13/90).

SC Res 661 (8/6/90). SC Res 660 (8/2/90).

GA Res 54/178 (12/9/99). GA Res 54/18 (10/29/99).

GA Res 53/157 (12/9/98). GA Res 52/141 (12/12/97).

GA Res 51/106 (12/12/96). GA Res 50/191 (12/22/95).

GA Res 49/203 (12/23/94). GA Res 48/144 (12/20/93).

GA Res 47/145 (12/18/92). GA Res 46/134 (12/17/91).

Comm Res 2000/17. Comm Res 1999/14.

Comm Res 1998/65. Comm Res 1997/60.

Comm Res 1996/72. Comm Res 1995/76.

Comm Res 1994/74. Comm Res 1993/74.

Comm Res 1992/71. Comm Res 1991/74.

Sub-Comm Dec. 1999/110. Sub-Comm Dec 1998/114.

Sub-Comm Dec. 1997/119. Sub-Comm Res 1996/5.

Sub-Comm Dec. 1996/107. Sub-Comm Res 1995/3.

Sub-Comm Dec. 1995/107. Sub-Comm Res 1994/14.

Sub-Comm Dec. 1994/111. Sub-Comm Res 1993/20.

Sub-Comm Dec. 1992/106. Sub-Comm Res 1991/13.

Sub-Comm Dec. 1991/108. Sub-Comm Res 1990/13.

Rpt S-G (S/2000/22). Rpt S-G (S/2000/208).

Rpt S-G (S/2000/269). Rpt S-G (S/2000/292).

Rpt S-G (S/2000/347). Rpt S-G (S/2000/520).

Rpt S-G (E/CN.4/1999/573). Rpt S-G (E/CN.4/1999/187).

Rpt S-G (S/1998/1100). Rpt S-G (S/1998/889).

Rpt S-G (S/823). Rpt S-G (S/1998/269).

Rpt S-G (S/1997/935). Rpt S-G (S/1997/685).

Rpt S-G (S/1997/255). Rpt S-G (A/52/476).

Rpt S-G (S/1995/836). Rpt S-G (S/1994/1111).

Rpt S-G (S/1994/489). Rpt S-G (S/26520).

Rpt S-G (S/258630). Rpt S-G (S/25514).

Rpt S-G (S/22799).

Reports of the Special Rapporteur:

Max van der Stoel: E/CN.4/1992/31; E/CN.4/1993/45; E/CN.4/1994/58; E/CN.4/1995/56; E/CN.4/1996/12; E/CN.4/1996/61; E/CN.4/1997/57; E/CN.4/1998/67; E/CN.4/1999/37.

Andreas Mavrommatis: E/CN.4/2000/37.

Reports of the Working Group on Enforced or Involuntary Disappearances:

E/CN.4/1990/13; E/CN.4/1991/20/ E/CN.4/1992/18; E/CN.4/1993/25; E/CN.4/1994/26; E/CN.4/1995/36; E/CN.4/1996/38; E/CN.4/1997/34; E/CN.4/1998/43; E/CN.4/1999/62; E/CN.4/2000/64.

Report of the Working Group on Arbitrary Detention:

E/CN.4/1995/31/Add.1; E/CN.4/1996/40/4/Add.1.

Reports of the Special Rapporteur on Torture:

P. Kooijmans: E/CN.4/1991/17; E/CN.4/1992/17; E/CN.4/1993/26.

Nigel S. Rodley: E/CN.4/1994/31; E/CN.4/1995/34; E/CN.4/1996/35 & Add.1; E/CN.4/1997/7 & Add.1; E/CN.4/1998/38 & Add.1; E/CN.4/2000/9.

Reports of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

S. Amos Wako: E/CN.4/1990/22; E/CN.4/1991/36; E/CN.4/1992/30.

Bacre Waly N?diaye: E/CN.4/1993/46; E/CN.4/1994/7; E/CN.4/1995/61; E/CN.4/1996/4; E/CN.4/1998/68 & Add.1.

Asma Jahangir: E/CN.4/1999/39 & Add. 1; E/CN.4/2000/3 & Add.1.

Report on Internally Displaced

Francis M. Deng: E/CN.4/1995/50.

Reports of the Special Rapporteur on the Elimination of Religious Intolerance:

Angelo Vidal d?Almeida Ribeiro: E/CN.4/1992/52; E/CN.4/1993/62.

Abdelfattah Amor: E/CN.4/1994/79; E/CN.4/1995/91; E/CN.4/1997/91; E/CN.4/2000/65.

Report of the Special Rapporteur on Contemporary forms of Racism:

Maurice Glélé-Ahanhanzo: E/CN.4/2000/16.

 

ISRAELI OCCUPIED TERRITORIES AND SOUTHERN LEBANON

Statement:

The situation in Israel, the Occupied Territories, and Southern Lebanon is several international armed conflicts.

Background:

Israel has been at war with its Arab neighbors since its founding in 1948. Through

fighting that year, Israel took control of land earmarked by the United Nations for a Palestinian State. During the 1967 war, Israel seized the Sinai Peninsula (returned to Egypt in 1978), the West Bank, Gaza, the Golan Heights, and East Jerusalem. Jewish settlements began the following year.

A Declaration of Principles was signed on September 13, 1993 between Israel and the Palestine Liberation Organization (PLO), discussing a transfer of power from Israel to an interim Palestinian authority in the occupied territories. Pursuant to that accord and the interim agreement of 1995 (collectively called the Oslo accords), Israel withdrew from the Gaza Strip and Jericho in 1994 and a Palestinian police force was established in those areas. Israeli troops have been gradually withdrawing from towns and villages in the West Bank. Yasser Arafat was voted President of the Palestinian areas in January 1996; Hamas boycotted the election. Arafat has announced the outlawing of the military wings of Hamas and the Islamic Jahad organization.

The return of 80% of the city of Hebron to Palestinian rule as called for under the accords was behind schedule in January 1997. In October 1998, Israel and Palestine signed the Wye Agreement, intended to implement the Oslo Accord by creating a timetable for the withdrawal of the Israeli military forces from 13% of the West Bank in return for Palestinian security measures. In November 1998, Israel returned 9% and allowed a Palestinian airport to open in Gaza. In December 1998, the Palestinian National Council agreed to void portions of its Charter calling for the destruction of Israel.

In December 1998, Netanyahu refused to implement the second military withdrawal from the West Bank, claiming that Palestine had failed to live up to its security commitments. This was followed by three weeks of violent protests in the West Bank by Palestinians demanding the release of 750 political prisoners as called for under the Wye Agreement. In November, Israel released 250 people, but 150 were not Palestinian political prisoners. New construction of Jewish settlements in the West Bank more than doubled in 1998.

Israel/Southern Lebanon

In military operations aimed at Palestinian armed groups, Israel first seized part of Lebanon in 1978, originally up to the Litani River (in "Operation Litani"). By the end of that year, Israel withdrew to the border area due to international pressure. In 1982, Israel carried out military actions named "Peace for Galilee" which reached as far as Beirut, killing 18,000 and injuring 300,000, mostly civilians. In July 1983, Israel retreated from Beirut to Sidon and south, until by 1985, Israeli forces occupied only the border area. Following the end of the Lebanese civil war in 1989, Israel?s actions in southern Lebanon were directed at the Hizbullah.

In Spring 1996, Israel again attacked Lebanon in the military operation "Grapes of Wrath," bombing as far north as Beirut for 17 days. 300,000 Lebanese fled their homes. 102 civilians were killed at the UN compound in Qana. The April 1996 "Grapes of Wrath" understanding brought an end to this operation with a plan to be jointly monitored by the United States, France, Lebanon, Syria and Israel. However, sporadic attacks continued through 1998 and 1999 in the border area.

Current Situation:

After the election of Prime Minister Ehud Barak in May 1999, negotiations aimed at reaching a final peace agreement with the Palestinians moved forward. The September 1999 Sharm el Sheika accord (Wye II) includes a timetable for three land handovers that would give the Palestinians control over another 11% of the West Bank, the creation of a safe-passage route for Palestinians to cross between the West Bank and the Gaza Strip, and the establishment of a February 13 deadline for creating a framework for a final peace treaty. In January 2000, an agreement was reached to return five percent of the West Bank immediately. Another six percent was due to be returned by the end of the month, but well into February, had not been.

The major issues to be agreed upon for a final peace treaty include the status of Jerusalem, final borders between the two states, the status of 3.5 million Palestinians who have been refugees since the 1948 war, and the status of Jewish settlements. Despite the Palestinians? insistence that all settlement construction be halted, Barak is allowing previously approved settlements to move forward. He has agreed to temporarily suspend the issuance of new building permits. Barak has said that any final peace agreement will be put to a referendum.

Talks between Israel and Syria (the major political power in Lebanon), broken off in 1996 and frozen during Netanyahu?s administration, began again in December 1999. It is expected that a final agreement would include a complete withdrawal by Israel from the Golan Heights in exchange for security guarantees from Syria regarding the Hizbullah. There are about 17,000 Jewish settlers currently living in the Golan.

Prime Minister Barak also began efforts to withdraw all Israeli troops from southern Lebanon. However, skirmishes at the border continued. For example, in February 2000, fighting flared after Hizbullah guerrillas attacked Israeli troops in Southern Lebanon from a civilian area. In reprisal, Israel bombed three power stations in Lebanon. Even so, Prime Minister Barak claimed that all Israeli soldiers would be "home by July." Withdrawal came earlier, as Israel began pulling out in mid-Spring and villagers began returning in May, 2000. On June 6, 2000, the United Nations Secretary-General verified the complete withdrawal of Israeli troops from Lebanon. Hopes arose that Israel would focus on negotiations with Syria, but the sudden death of Syrian President Assad has again put a pall over the area. At time of writing (June 2000) President Assad?s son appears to be taking over the government, but Assad?s exiled brother is apparently seeking to take over as well.

UN Action:

Middle East peace: UNEF I (11/56-6/67); UNEF II (10/73-7/79); UNTSO (6/48-present).

Golan Heights: UNDOF (6/74-present).

Lebanon: UNOGIL (6/58-12/58); UNIFIL (3/78-present).

SC Res 1300 (5/31/2000).

SC Res 1288 (1/31/2000). SC Res 1276 (11/24/99).

SC Res 1254 (7/30/99). SC Res 1243 (5/27/99).

SC Res 1223 (1/28/99). SC Res 1211 (11/25/98).

SC Res 1188 (7/30/98). SC Res 1169 (5/27/98).

SC Res 1151 (1/30/98). SC Res 1139 (11/21/97).

SC Res 1122 (7/29/97). SC Res 1109 (5/28/97).

SC Res 1095 (1/28/97). SC Res 1081 (11/27/96).

SC Res 1073 (9/28/96). SC Res 1068 (7/30/96).

SC Res 1057 (5/30/96). SC Res 1039 (1/29/96).

SC Res 1024 (11/28/95). SC Res 1006 (7/28/95).

SC Res 996 (5/30/95). SC Res 974 (1/30/95).

SC Res 962 (11/29/94). SC Res 938 (7/28/94).

SC Res 921 (5/26/94). SC Res 904 (3/18/94).

SC Res 895 (1/28/94). SC Res 888 (11/30/93).

SC Res 799 (12/18/92). SC Res 790 (11/25/92).

SC Res 726 (1/6/92). SC Res 756 (5/29/92).

SC Res 726 (1/6/92). SC Res 694 (1991).

SC Res 681 (1990). SC Res 673 (1990).

SC Res 672 (1990). SC Res 641 (1989).

SC Res 636 (1989). SC Res 608 (1988).

SC Res 607 (1988). SC Res 605 (1987).

SC Res 592 (1986). SC Res 509 (1982).

SC Res 497 (1981). SC Res 478 (1980).

SC Res 476 (1980). SC Res 471 (1980).

SC Res 465 (1980). SC Res 446 (1979).

SC Res 425 (1978). SC Res 338 (1973).

SC Res 298 (1971). SC Res 267 (1969).

SC Res 252 (1968). SC Res 242 (1967).

GA Res 54/230 (12/22/99).

GA Res 54/152 (12/17/99). GA Res 54/116 (12/15/99).

GA Res 54/80 (12/6/99). GA Res 54/79 (12/6/99).

GA Res 54/78 (12/6/99). GA Res 54/77 (12/6/99).

GA Res 54/76 (12/6/99). GA Res 54/75 (12/6/99).

GA Res 54/74 (12/6/99). GA Res 54/73 (12/6/99).

GA Res 54/72 (12/6/99). GA Res 54/71 (12/6/99).

GA Res 54/70 (12/6/99). GA Res 54/69 (12/6/99).

GA Res 54/42 (12/1/99).

GA Res 54/41 (12/1/99). GA Res 54/40 (12/1/99).

GA Res 54/39 (12/1/99). GA Res 54/38 (12/1/99).

GA Res 54/37 (12/1/99). GA Res 53/57 (12/3/98).

GA Res 53/56 (12/3/98). GA Res 53/55 (12/3/98).

GA Res 53/54 (12/3/98). GA Res 53/38 (12/2/98).

GA Res 53/37 (12/2/98). GA Res 52/169D (12/16/97).

GA Res 52/170 (12/16/97). GA Res 52/68 (12/10/97).

GA Res 52/67 (12/10/97). GA Res 52/66 (12/10/97).

GA Res 52/65 (12/10/97). GA Res 52/64 (12/10/97).

GA Res 52/62 (12/10/97). GA Res 52/57 (12/10/97).

GA Res 52/54 (12/9/97). GA Res 52/53 (12/9/97).

GA Res 52/52 (12/9/97). GA Res 51/135 (12/13/96).

GA Res 51/23 (12/12/96). GA Res 51/26 (12/12/96).

GA Res 51/82 (2/26/97). GA Res 51/150 (2/4/97).

GA Res 50/140 (12/21/95). GA Res 50/129 (12/20/95).

GA Res 50/29 (12/6/95). GA Res 50/22 (12/4/95).

GA Res 50/21 (12/4/95). GA Res 49/149 (12/23/94).

GA Res 49/132 (12/19/94). GA Res 49/88 (12/16/94).

GA Res 49/87 (12/16/94). GA Res 49/62 (12/14/94).

GA Res 49/36 (12/9/94). GA Res 48/450 (12/21/93).

GA Res 48/213 (12/21/93). GA Res 48/212 (12/21/93).

GA Res 48/158 (12/20/93). GA Res 48/59 (12/14/93).

GA Res 48/58 (12/14/93). GA Res 48/41 (12/10/93).

GA Res 48/40 (12/10/93). GA Res 47/172 (12/22/92).

GA Res 47/170 (12/22/92). GA Res 47/70 (12/14/92).

GA Res 47/69 (12/14/92). GA Res 47/64 (12/11/92).

GA Res 47/63 A (12/11/92). GA Res 47/63 B (12/11/92).

GA Res 47/64 D (12/11/92). GA Res 47/55 (12/9/92).

GA Res 46/201 (12/20/91). GA Res 46/199 (12/20/91).

GA Res 46/162 (12/19/91). GA Res 46/82 (12/16/91).

GA Res 46/76 (12/11/91). GA Res 46/75 (12/11/91).

GA Res 46/74 (12/11/91). GA Res 46/47 (12/9/91).

GA Res 46/46 (12/9/91). GA Res 46/39 (12/6/91).

GA Res 45/183 (12/21/90). GA Res 45/74 F (12/11/90).

GA Res 45/67 A (12/6/90). GA Res 45/63 (12/4/90).

GA Res 44/41 A (12/6/89). GA Res 44/2 (10/6/89).

GA Res 43/175 A (12/15/88). GA Res 43/58 F (12/6/88).

GA Res 43/21 (11/3/88). GA Res 42/160 F (12/8/87).

GA Res 42/66 A (12/2/87). GA Res 41/63 F (12/3/86).

GA Res 41/43 A (12/2/86). GA Res 40/161 F (12/16/85).

GA Res 40/96 A (12/2/85). GA Res 39/223 (12/18/84).

GA Res 39/95 F (12/14/84). GA Res 39/49 (12/11/84).

GA Res 38/79 F (12/15/83). GA Res 38/58 (12/13/83).

GA Res 37/88 E (12/10/82). GA Res ES-7/4 (4/28/82).

GA Res ES-9/1 (2/5/82). GA Res 36/226 B (12/17/81).

GA Res 36/120 (12/10/81). GA Res 35/169 (12/15/80).

GA Res ES-7/2 (7/29/80). GA Res 34/65 A (11/29/79).

GA Res 34/65 B (11/29/79). GA Res 34/65 C (12/12/79).

GA Res 34/65 D (12/12/79). GA Res 33/28 (11/24/78).

GA Res 32/40 (12/2/77). GA Res 31/20 (11/24/76).

GA Res 3414 (XXX) (1975). GA Res 3376 (XXX) (1975).

GA Res 3375 (XXX) (1975). GA Res 3236 (XXIX) (1974).

GA Res 194 (III) (1948). GA Res 181 (II) (1947).

Comm Res 2000/8 (Occupied Terr.). Comm Res 2000/7 (Golan).

Comm Res 2000/6 (Occupied Terr.). Comm Res 2000/4 (Palestine).

Comm Res 2000/16 (Lebanon). Comm Res 1999/7 (Occupied Terr.).

Comm Res 1999/6 (Golan). Comm Res 1999/55 (Palestine).

Comm Res 1999/5 (Occupied Terr.). Comm Res 1999/12 (Lebanon).

Comm Res 1998/62 (Lebanon). Comm Res 1998/4 (Palestine).

Comm Res 1998/3 (Settlements). Comm Res 1998/2 (Golan).

Comm Res 1998/1 (Occupied Terr.). Comm Res 1997/6. (ME peace).

Comm Res 1997/4. (Palestine). Comm Res 1997/3. (Occupied Terr.).

Comm Res 1997/2. (Golan). Comm Res 1997/1. (Occupied Terr.).

Comm Res 1996/68. (Lebanon). Comm Res 1996/7. (ME peace).

Comm Res 1996/5. (Palestine). Comm Res 1996/4. (Occupied Terr.).

Comm Res 1996/3. (Occupied Terr.). Comm Res 1996/2. (Golan).

Comm Res 1995/67. Comm Res 1995/6.

Comm Res 1995/4. Comm Res 1995/3.

Comm Res 1995/2. Comm Res 1995/1.

Comm Res 1994/83. Comm Res 1994/5.

Comm Res 1994/4. Comm Res 1994/3.

Comm Res 1994/2. Comm Res 1994/1.

Comm Res 1993/67. Comm Res 1993/4.

Comm Res 1993/3. Comm Res 1993/2.

Comm Res 1993/1. Comm Dec 1992/104.

Comm Res 1992/70. Comm Res 1992/3.

Comm Res 1992/2. Comm Res 1992/1.

Comm Res 1991/66. Comm Res 1991/3.

Comm Res 1991/2. Comm Res 1991/1.

Comm Res 1990/54. Comm Res 1990/3.

Comm Res 1990/1.

Sub-Comm Res 1996/6. Sub-Comm Res 1996/6 (Middle East).

Sub-Comm Res 1995/9. Sub-Comm Res 1995/2.

Sub-Comm Res 1994/13. Sub-Comm Dec. 1994/112.

Sub-Comm Res 1993/15. Sub-Comm Res 1992/10.

Sub-Comm Res 1991/38. Sub-Comm Res 1991/6.

Rpt S-G (S/2000/28). Rpt S-G (S/2000/460).

Rpt S-G (S/2000/459). Rpt S-G (E/CN.4/2000/22 & Add.1).

Rpt S-G (E/CN.4/2000/24). Rpt S-G (E/CN.4/2000/23).

Rpt S-G (E/CN.4/2000/28). Rpt S-G (E/CN.4/2000/13).

Rpt S-G (S/2000/575). Rpt S-G (E/CN.4/1999/26).

Rpt S-G (E/CN.4/1999/23). Rpt S-G (E/CN.4/1999/22).

Rpt S-G (E/CN.4/1999/10). Rpt S-G (E/CN.4/1999/21).

Rpt S-G (S/1999/807). Rpt S-G (S/1999/61).

Rpt S-G (S/1998/652). Rpt S-G (E/CN.4/1998/56).

Rpt S-G (S/1998/53). Rpt S-G (E/CN.4/1998/30).

Rpt S-G (E/CN.4/1998/20). Rpt S-G (E/CN.4/1998/18).

Rpt S-G (E/CN.4/1996/55). Rpt S-G (E/CN.4/1996/26).

Rpt S-G (E/CN.4/1996/21). Rpt S-G (E/CN.4/1996/19).

Rpt S-G (S/1995/952). Rpt S-G (S/1995/66).

Rpt S-G (E/CN.4/1995/63). Rpt S-G (E/CN.4/1995/28).

Rpt S-G (E/CN.4/1995/22). Rpt S-G (E/CN.4/1995/21.)

Rpt S-G (E/CN.4/1995/20). Rpt S-G (A/48/607).

Rpt S-G (A/48/188). Rpt S-G (S/1994/587).

Rpt S-G (E/CN.4/1994/22). Rpt S-G (E/CN.4/1994/12).

Rpt S-G (E/CN.4/1993/44). Rpt S-G (E/CN.4/1993/17).

Rpt S-G (E/CN.4/1993/12). Rpt S-G (S/26111).

Rpt S-G (E/CN.4/1992/36). Rpt S-G (E/CN.4/1992/11).

Rpt S-G (E/CN.4/1992/6). Rpt S-G (E/CN.4/1989/4).

Rpt S-G (E/CN.4/1988/8). Rpt S-G (A/46/263-E/1991/88).

Rpt S-G (E/1991/88 & Adds.1,2). Rpt S-G (S/19443).

Rpt S-G (S/21919 & Corr.1). Rpt S-G (S/22472).

Rpt S-G (A/46/586). Rpt S-G (A/46/623-S/23204).

Rpt S-G (A/46/652-S/23225).

Reports of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories:

A/51/131;A/50/660; A/50/606; A/50/463; A/50/282; A/50/170; A/49/620; A/49/600; A/49/599; A/49/511; A/49/172; A/49/67; A/48/647; A/48/557; A/48/543; A/48/542; A/48/541; A/48/540; A/48/539; A/48/278; A/48/96; A/48/41; A/47/262; A/47/76; A/46/522; A/46/283; A/46/65; A/45/576.

Report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People:

A/46/35; A/49/35.

Programme of Action for the Achievement of Palestinian Rights, Rpt of Int?l Conference on the Question of Palestine, Geneva, 29 August - 7 September 1983 (UN Sales No. E.83.I.21).

Reports of the Special Rapporteurs on the Human Rights Situation in the Palestinian Territory Occupied Since 1967:

Rene Felber: E/CN.4/1994/14; E/CN.4/1995/19.

Hannu Halinen: E/CN.4/1996/18; E/CN.4/1997/16; E/CN.4/1998/17; E/CN.4/1999/24.

Giorgio Giacomelli: E/CN.4/2000/25.

Reports of the Working Group on Enforced or Involuntary Disappearances:

E/CN.4/1990/13; E/CN.4/1991/20; E/CN.4/1992/18; E/CN.4/1993/25; E/CN.4/1994/26; E/CN.4/1995/36; E/CN.4/1996/38; E/CN.4/1997/34/; E/CN.4/1998/43; E/CN.4/1999/62.

Reports of the Working Group on Arbitrary Detention:

E/CN.4/1993/24; E/CN.4/1994/27; E/CN.4/1995/31 & Add.2; E/CN.4/1996/40/Add.1; E/CN.4/1997/4/Add.1, Dec. Nos. 16, 17, 18, 24/1996 (Palestinian Authority); E/CN.4/1999/63 & Add.1; E/CN.4/2000/4 & Add.1.

Reports of the Special Rapporteur on Torture:

P. Kooijmans: E/CN.4/1990/17; E/CN.4/1991/17; E/CN.4/1992/17; E/CN.4/1993/26.

Nigel S. Rodley: E/CN.4/1994/31; E/CN.4/1995/34; E/CN.4/1996/35 & Add.1;

E/CN.4/1997/7 and Add.1, E/CN.4/1998/38 & Add.1; E/CN.4/1999/61; E/CN.4/2000/9.

Reports of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

S. Amos Wako: E/CN.4/1990/22; E/CN.4/1991/36; E/CN.4/1992/30.

Bacre Waly N?diaye: E/CN.4/1993/46; E/CN.4/1994/7; E/CN.4/1995/61; E/CN.4/1996/4; E/CN.4/1997/60 & Add.1; E/CN.4/1998/68 & Add.1.

Asma Jahangir: E/CN.4/1999/39 & Add.1; E/CN.4/2000/3 & Add.1.

Reports of the Special Rapporteur on the Elimination of Religious Intolerance:

Angelo Vidal d?Almeida Ribeiro: E/CN.4/1991/56.

Abdelfattah Amor: E/CN.4/1995/91; E/CN.4/2000/65.

Report of the Special Rapporteur on the Independence of Judges and Lawyers:

Param Cumaraswamy: E/CN.4/2000/61.

Report of the Special Rapporteur on Freedom of Opinion and Expression:

Abid Hussain: E/CN.4/2000/63.

Report of Special Rapporteur on Violence against Women:

Radhika Coomaraswamy: E/CN.4/2000/68/Add.4.

 

KASHMIR

Statement:

The situation in Kashmir is a war of national liberation in exercise of the right to self-determination.

Background:

During British colonial rule, Britain "sold" Kashmir to a Hindu warlord. A "Free Kashmir" movement began in the 1930s in which Kashmiris sought the return to independence from the British. At the time of the British withdrawal, the predominantly Muslim Kashmiris were given the option of joining India or Pakistan. Before an election could be held, the Maharajah Hari Singh, a Hindu, asked India for assistance in quelling the aspirations for independence and in return signed an instrument of accession to join India. Indian troops seized much of Jammu and Kashmir, and Kashmiris have resisted their presence since that time. Part of Kashmir is under Pakistani influence (called Azad Kashmir), and part is now under Chinese control. The current war, however, is limited to Indian-occupied Kashmir, and has been going on since 1948 with only brief periods of respite.

In 1948 and 1949, the United Nations Commission for India and Pakistan, which was formed by the Security Council, adopted resolutions mandating a cease fire, the withdrawal of troops, and a plebiscite to determine the will of the people. In January 1949, the Security Council established the "line of control" between the two sides in the area and sent the United Nations Military Observer Group in India and Pakistan (UNMOGIP) to supervise a cease-fire. It continues to date with 38 members. Subsequent UN resolutions have reaffirmed the right of the Kashmiri people to chose their future form of governance, but the plebiscite has never been held in spite of the efforts of UN plebiscite administrators and representatives of the Security Council. In 1972 the Simla Agreement was signed by both India and Pakistan and committed them to reach a "final settlement" on the issue, but this has yet to happen (see "India/Pakistan" in back).

The crisis in Indian-occupied Kashmir worsened dramatically in 1990 due to escalating pressures for the plebiscite and increasing Indian military presence. The political arm of the independence movement focuses on the All-Parties Hurriyet Conference (APHC), an umbrella organization of all major and most minor political groups and personalities from all sectors of Jammu and Kashmir society, Muslim and non-Muslim alike. Formed in 1993, the APHC is committed to resolving the Kashmir question peacefully through tripartite negotiations and by carrying out the UN-authorized plebiscite. The war, however, rages on due to almost total refusal of India to address the situation in terms of the UN mandate, and due to an especially brutal occupation by Indian military forces. India has been accused by most credible human rights organizations (including a number of Indian-based ones) of a wide pattern of attacks on the civilian population, rape, custodial killing, torture and severe oppression of most activities of daily life. Crackdowns and week-long raids on civilian locations have been continuing characteristics of the Indian force?s military strategy.

On 27 March 1996, Mr. Jalil Andrabi (Chair, Kashmir Commission of Jurists and IED/HLP delegate to UN Sub-Comm) was found killed after he had been abducted by the Indian Rashtriya Rifles. The Kashmir Bar Association filed a criminal case against the Indian government for the torture and custodial killings of 218 people in 1996.

In 1997, there were three rounds of India/Pakistani talks (March in Delhi, June in Islamabad, September in Delhi). The All-Parties Hurriyet Conference made it clear that resolution of the Kashmir question will not be possible without full participation of Kashmiri people and their leaders. The 1997 talks broke off.

On April 18, 1998, S. Hamid, the leader of the Peoples? League Party, was abducted and assassinated by Indian Army troops. In May 1998, first India and then Pakistan carried out nuclear weapons tests. The resulting international economic sanctions against the two countries created even more pressure to settle the differences between them. A July meeting in Colombo between the Prime Ministers of Pakistan and India, however, ended with icy stares. In September 1998, the Prime Ministers met in New York while attending the 1998 session of the General Assembly and agreed to set up talks in October 1998 in Islamabad with their respective foreign ministers and agreed that Kashmir would be a "prominent" part of the talks. Then on February 20, 1999, Indian Prime Minister A.B. Vajpayee rode a bus over the border into Pakistan where he was met by Pakistan?s Prime Minister Nawaz Sharif for two days of talks aimed at resolving differences which are acknowledged to primarily involve the Kashmir question. These talks did not succeed.

Current Situation:

In late May 1999, Kashmiri forces began a major operation in the Kargil area at the Line of Control. India accused Pakistan of being behind this action. After nearly two months of military operations, US President Clinton extracted a promise from Pakistan?s Prime Minister Sharif to take concrete steps to restore the Line of Control. Some of the Kashmiri forces agreed to back down but pledged that they would continue to resist India?s occupation of Kashmir and would continue to seek the UN-mandated plebiscite. In September 1999, 40 members of US Congress urged Clinton to appoint a special envoy to mediate the Kashmir question. During the September 1999 general elections in India, there was a near total boycott called by the APHC in Srinigar on September 5 and in the other areas of Kashmir a week later. A number of Kashmiri leaders, including Yasin Malik of the Jammu and Kashmir Liberation Front (a prominent political party and member of the APHC), were detained during the elections.

Also in September 1999, the Indian government denied the travel rights of two prominent Kashmiri leaders, Umar Farooq and Abbas Ansari of the APHC, who were seeking to appeal to the UN General Assembly to take action regarding the plebiscite. A third Kashmiri leader, a former member of the Kashmiri state assembly, Abdul Gani Lone, was allowed to travel.

In October 1999, Pakistan?s Prime Minister Sharif was overthrown and Army Chief of Staff General Pervez Musharraf took over as Prime Minister. His regime immediately arrested Sharif, who remains charged with attempted murder, kidnapping, hijacking, and various corruption charges. Some observers of the situation place his "capitulation" to US President Clinton on Kashmir as a major factor in the military?s seizure of Pakistan.

Kashmiri forces carried out a military operation against the Indian Army Headquarters in early November 1999. There were also actions at the Line of Control in Faulad, ending with both India and Pakistan claiming victory. Military actions by the Kashmiri forces continued regularly in December 1999 and into 2000. As of February 2000, Indian armed troops were still estimated to number more than 600,000, including 350,000 from the Indian Army, 139,000 Border Security Forces, 100,000 Rashtriya Rifles, 18,000 Special Operation Groups, and nearly 80,000 state police. Fact-finding missions to Indian-controlled Kashmir verify a continued widespread pattern of human rights and humanitarian law violations throughout 1999 continuing into 2000. President Clinton?s March 2000 visit to both Pakistan and India did little to resolve the situation in spite of Clinton?s offer in February 2000 to mediate. Also in March 2000, the Indian Army attacked villages, claiming that the villagers were "foreign," although subsequent exhumation of graves showed the dead to be Kashmiri. This was followed by an assassination attempt against Maulvi Ansari, a Shia cleric and member of the APHC.

On May 4, 2000, Yasin Malik, thin and in poor health, was released from prison along with several others who had been arrested during the elections. At time of writing (June 2000), a total of 11 have now been released. On May 24, Malik carried out a hunger strike to protest the numerous custodial deaths of Kashmiris, including the death of APHC leader Niyaz Ahmed Sofi, beaten to death on April 12, 2000. The release of the APHC leader has lead to renewed speculation of talk between the Indian authorities and the APHC.

IED/HLP continues to carry out comprehensive fact-finding in Indian-occupied Kashmir. Our missions are "clandestine," as India does not allow open human rights/humanitarian law monitoring in the area. Other human rights groups monitor the situation in a similar fashion.

Captured Kashmiri fighters are still killed without trial. Actions against the civilian population, including killings, rape, torture, arbitrary arrest and detention, and incommunicado arrest and detention remain the everyday reality of India?s war in Kashmir. Human rights and humanitarian aid groups are still not allowed to function freely in Kashmir. The Indian Army concedes that nearly 1000 complaints of human rights violations were filed against its soldiers in 1999. (India?s National Human Rights Commission and the Jammu and Kashmir State Human Rights Commission are barred by national law from investigating the military; only the military?s own personnel may address complaints).

Some of the international press continues to use India?s terminology for the Kashmiri armed resistance?"Islamic terrorists"?which India uses in a blatant attempt to capitalize on the West?s anti-Islamic sentiments and to foster the notion that the war is "religious" rather than national. We find this terminology racist and offensive. IED/HLP reiterates that the issue in this war is the political status of Kashmir, not its religion. As in any war, all parties to the conflict are both obligated and protected by humanitarian law. Although most Kashmiris are indeed Muslim, many are not. The APHC includes non-Muslim and non-religious parties.

70,000 persons, mainly civilians, are estimated to have died between 1990-2000, with many thousands more displaced, in exile or in custody.

UN Action:

UNMOGIP (1/49-present).

SC Res 307 (1971). SC Res 122 (1957).

SC Res 98 (1952). SC Res 96 (1951).

SC Res 91 (1951). SC Res 80 (1950).

SC Res 47 (1948). SC Res 39 (1948).

Comm Decision 1994/109.

Sub-Comm Doc. E/CN.4/Sub.2/1997/L.21.

Reports of the Working Group on Enforced or Involuntary Disappearances:

E/CN.4/1990/13; E/CN.4/1991/29; E/CN.4/1992/18; E/CN.4/1993/25;E/CN.4/1994/26; E/CN.4/1995/36; E/CN.4/1996/38; E/CN.4/1997/34; E/CN.4/1998/43; E/CN.4/1999/62; E/CN.4/2000/64.

Report of the Working Group on Arbitrary Detention:

E/CN.4/1999/63; E/CN.4/2000/4 & Add.1.

Reports of the Special Rapporteur on Torture:

P. Kooijmans: E/CN.4/1990/17; E/CN.4/1991/17; E/CN.4/1992/17; E/CN.4/1993/26.

Nigel S. Rodley: E/CN.4/1994/31; E/CN.4/1995/34; E/CN.4/1996/35 & Add.1; E/CN.4/1998/38 & Add.1; E/CN.4/1999/61; E/CN.4/2000/9.

Reports of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

S. Amos Wako: E/CN.4/1990/22; E/CN.4/1991/36; E/CN.4/1992/30.

Bacre Waly N?diaye: E/CN.4/1993/46; E/CN.4/1994/7; E/CN.4/1995/61; E/CN.4/1996/4/ E/CN.4/1997/60 & Add.1; E/CN.4/1998/68 & Add.1.

Asma Jahangir: E/CN.4/1999/39 & Add. 1; E/CN.4/2000/3 & Add.1.

Report of the Special Rapporteur on the Question of the Use of Mercenaries:

Enrique Bernales Ballesteros: E/CN.4/1995/29.

Reports of the Special Rapporteur on the Elimination of Religious Intolerance:

Angelo Vidal d?Almeida Ribeiro: E/CN.4/1991/56; E/CN.4/1992/52;

E/CN.4/1993/62 & Corr.1.

Abdelfattah Amor: E/CN.4/1994/79; E/CN.4/1995/91; E/CN.4/1997/91/Add.1; E/CN.4/2000/65.

Report of the Special Rapporteur on Contemporary forms of Racism:

Maurice Glélé-Ahanhanzo: E/CN.4/2000/16.

Report of Special Rapporteur on Violence against Women:

Radhika Coomaraswamy: E/CN.4/2000/68/Add.4.

 

KOSOVO

Statement:

The situation in Kosovo is a civil war with possible claim to self-determination and with NATO involvement.

Background:

90% of the population of Kosovo, a region presently under the political domination of the Federal Republic of Yugoslavia, is ethnically Albanian. Although not the original inhabitants of the region, the Kosovars (ethnic Albanians as opposed to Kosovans, all the residents of Kosovo) had long settled in their present area. Kosovo remained relatively autonomous until Yugoslavia revoked that status in 1990 after an unofficial sovereignty referendum. The Democratic League of Kosovo subsequently declared independence and established a parallel government headed by Ibrahim Rugova. Beatings, arrests, house searches, fraudulent trials and killings began to escalate, and Yugoslav authorities arrested more than 500 political opponents between 1991 and 1997. Because of the stalemate over the determination of status of Kosovo, some Kosovars formed the Kosovo Liberation Army (KLA), the stated purpose of which is to achieve independence through military means. A smaller military group has also been operating, the National Movement for the Liberation of Kosovo. Throughout 1997, tensions rose, and strikes and other political resistance activities took place in Pristina and other areas. 500 students were attacked by police on October 1, 1997, and the year saw about 35 political killings.

In March 1998, the KLA began a large-scale military action, bringing about 38% of Kosovo under their control by July 1998. The Yugoslav army began counter-attacks and reportedly massacred civilians in Drenoc, Cirez, Likosana, Prekaz and other towns. The recapture of Orahovae by Yugoslav forces in late July 1998 brought a new round of accusations of atrocities. In early August, Yugoslav forces leveled six villages, and by the end of the month had retaken much of the land taken by the KLA.

Throughout the Fall of 1998 there was sporadic fighting, but a cease-fire agreement was signed in October. Under threat of NATO bombings, the Federal Republic of Yugoslavia agreed to talks that the Contact Group (Russia, US, UK, France, Germany, and Italy) arranged for in February in Rambouillet, France. Although a tentative agreement for limited autonomy and a UN peacekeeping force was reached at Rambouillet, there was no provision for a referendum of Kosovars to determine their political status?a key demand of the KLA faction controlled by Adam Demaci.

Current Situation:

In March 1999, after increasing claims that Serbia forces were engaging in ethnic cleansing, NATO began bombing Kosovo and Serbia in an attempt to drive Serbian troops from the area. After the bombing began, further atrocities and expulsions were reported. 800,000 ethnic Albanians fled to neighboring Albania and Macedonia. After 11 weeks of bombing, Serbia withdrew, and NATO ground troops moved in. At that time, over 11,000 people were reported to have been killed, but that number is still not confirmed. By October 1999, over 2000 bodies had been found at 195 mass grave sites. Critics of the air war claim that the alliance exaggerated the stories of atrocities to justify the air war at the expense of unprotected civilians in Kosovo. The legality of the bombing has also been challenged as NATO went forward without UN authorization. Additional concerns have been raised because of the use of weaponry containing depleted uranium (DU). On October 15, 1999, NATO Special Rapporteur Volker Kroning (Germany) issued a report indicating numerous violations of international law, and particularly humanitarian law, chargeable to the NATO forces. Inter alia, Kroning points out existing provisions of law that would make DU unlawful. However, in an opinion that is generating increasing controversy, the Prosecutor for the International Criminal Tribunal has declined to open legal proceedings on any alleged NATO violations of humanitarian law.

Since the war ended, hundreds of Serbs have been killed by ethnic Albanians in reprisal attacks despite the presence of 45,000 NATO troops. 240,000 Serbs have fled the region since the departure of the Serbian troops, and only 30,000 remain. Many of the Kosovans (Kosovars as well as Romani, and other ethnic groups) have returned, including nearly 30,000 between January and May 2000. Incidents against Serbs by Kosovars have risen in 2000 to date, and include land mine attacks and bombs. There are also difficulties with ethnic Turks.

President Milosevic has been indicted by the International Criminal Tribunal for massacres and the expulsion of ethnic Albanians during the war. The UN has an administration for Kosovo on site in Pristina.

UN Action:

UNMIK (6/99-present).

(Some resolutions on the former Yugoslavia contain sections regarding Kosovo.)

SC Res 1244 (5/10/99). SC Res 1239 (5/14/99).

SC Res 1203 (12/24/98). SC Res 1199 (9/23/98).

GA Res 54/245 (12/23/99). GA Res 54/183 (12/17/99).

GA Res 53/164 (12/9/98). GA Res 53/1 I (11/16/98).

GA Res 52/139 (12/12/97). GA Res 51/111 (12/12/96).

GA Res 50/190 (12/22/95). GA Res 49/204 (12/23/94).

Comm Res 1999/2.

Sub-Comm Res 1996/2. Sub-Comm Res 1995/10.

Rpt S-G (S/2000/177). Rpt S-G (S/2000/538).

Rpt S-G (S/1999/1250). Rpt.S-G (S/1999/672).

Rpt S-G (S/1999/987). Rpt S-G (S/1999/779).

Rpt S-G (E/CN.4/1999/99). Rpt S-G (E/CN.4/1999/293).

Rpt S-G (S/1998/1068). Rpt S-G (S/1998/912).

Rpt S-G (A/52/502). Rpt S-G (A/51/556).

Rpt S-G (A/50/767).

Comm Rpt on International Criminal Tribunal for Former Yugoslavia:

Two trials of Kosovan Albanians: E/CN.4/1998/9.

Report of the High Commissioner on Human Rights:

E/CN.4/2000/7; E/CN.4/2000/32; E/CN.4/2000/10.

Report on the Question of the Use of Mercenaries:

Enrique Bernales Ballesteros: E/CN.4/1999/11.

Report of the Special Rapporteur:

Jiri Dienstbier: E/CN.4/1998/19; E/CN.4/1998/63; E/CN.4/1999/42.

Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

Asma Jahangir: E/CN.4/1999/39 & Add.1; E/CN.4/2000/3 & Add.1.

Report of the Special Rapporteur on Torture:

Nigel S. Rodley: E/CN.4/1999/61; E/CN.4/2000/9.

Report of Special Rapporteur on Freedom of Opinion and Expression:

Abid Hussain: E/CN.4/1999/64.

Report of the Working Group on Arbitrary Detention:

E/CN.4/1999/63 & Add.1.

Note by Secretariat on Violations of Rights of Human Rights Defenders:

E/CN.4/Sub.2/1999/4.

Report of the Special Rapporteur on the Independence of Judges and Lawyers:

Param Cumaraswamy: E/CN.4/2000/61.

Report of Special Rapporteur on Violence against Women:

Radhika Coomaraswamy: E/CN.4/2000/68/Add.4.

Report of the HCHR on Human Rights and Mass Exoduses:

E/CN.4/2000/81.

Report of Representative of S-G on IDPs:

Francis Deng: E/CN.4/2000/83.

 

LIBERIA

Statement:

The situation in Liberia is a civil war with a 1995 accord.

Background:

The war began in 1989 with an insurrection against then-President Samuel Doe by Charles Taylor?s National Patriotic Front of Liberia (NPFL). The rebels divided into factions, including ULIMO-J (headed by Roosevelt Johnson), ULIMO-K (headed by Alhaji G.V. Kromah), and Liberia Peace Council (headed by Bobby "One Way" Thurman). The destruction and chaos led to the intervention of a regional military force, ECOMOG. Except the capitol Monrovia and a few other towns under ECOMOG protection, the rest of the country was in the hands of eight armed rebel factions. The Abuja Accord on ending the war was signed in August 1995.

A collective presidency was established in September 1995, including three civilian and three rebel faction leaders. This interim government was to lead to a general election in 1996. Under the agreement, ECOMOG was charged with disarming an estimated 60,000 rebels, but fighting in April 1996 over the attempted arrest of Roosevelt Johnson, leader of the Liberation Movement for Democracy in Liberia (ULIMO-J) prolonged the conflict throughout the summer of 1996. Charles Taylor was elected president in the May 1997 election and took office in August 1997. The ECOMOG forces were supposed to leave in February 1998, despite commander Major General Victor Malu?s reservations about the incomplete restructuring of the Armed Forces of Liberia.

Roosevelt Johnson became Minister for Rural Development. However, in September 1998, soldiers of President Taylor?s Special Security Unit attempted to arrest him for treason and possession of weapons. He fled to the American Embassy, and the US flew him to Sierra Leone en route to a third country. Battles throughout Monrovia at this time resulted in nearly 300 deaths, many attributed to Taylor?s Special Security Unit. This Unit is alleged to have carried out murders of Taylor?s political opponents as well as to have terrorized the civilian population. Taylor?s government is accused of many human rights violations, including the execution of opposition leader Samuel Dokie in November 1997, the killing of three hundred people, including women and children during the raid on Roosevelt Johnson in September 1998, the summary executions and intimidation of opponents of the regime, and attacks on journalists.

Current Situation:

On December 26, 1998, President Taylor announced that Liberia was closing its borders with Sierra Leone because exiled Liberians were planning to overthrow his government. Former rebels were taking part in the fighting in Sierra Leone, and there are around 130,000 refugees from Sierra Leone in Liberia (see "Sierra Leone").

Throughout 1999, there were reports of widespread human rights abuses by the government?s military forces and paramilitary forces, primarily former NPFL combatants and 10,000 former non-NPFL combatants. These troops are ostensibly deployed to prevent attacks from insurgents in the border area.

In August 1999, it was reported that anti-Taylor insurgents based in Guinea and thought to be loyal to either former warlord Alhaji Kromah or Roosevelt Johnson were launching cross-border raids. Thousands of Sierra Leonean refugees have been robbed during the attacks, and some were killed. Some towns are reported to have been burned to the ground. The rebels kidnapped 100 foreign aid workers in August but released them the same week.

Liberia has 2.7 million people, more than half of whom became refugees and internally displaced by the war. More than 250,000 people, mainly civilians, were killed.

UN Action:

UNOMIL (9/93-present).

SC Res 1116 (7/27/97). SC Res 1100 (3/27/97).

SC Res 1083 (11/27/96). SC Res 1071 (8/30/96).

SC Res 1059 (5/31/96). SC Res 1041 (1/15/96).

SC Res 1020 (11/20/95). SC Res 1014 (9/15/95).

SC Res 1001 (6/30/95). SC Res 985 (4/13/95).

SC Res 972 (1/13/95). SC Res 950 (10/21/94).

SC Res 911 (4/21/94). SC Res 866 (9/22/93).

SC Res 856 (8/10/93). SC Res 813 (3/26/93).

SC Res 788 (11/19/92).

GA Res 52/169E.

GA Res 48/197 (12/21/93). GA Res 47/154 (12/18/92).

GA Res 47/107 (12/16/92). GA Res 46/147 (12/17/91).

GA Res 45/232 (12/21/90).

Rpt S-G (S/1997/712). Rpt S-G (S/1997/643).

Rpt S-G (S/1997/478). Rpt S-G (S/1997/90).

13th Prog Rpt S-G (S/1995/881). 9th Prog Rpt S-G (S/1995/159).

8th Prog Rpt S-G (S/1995/9). 7th Prog Rpt S-G (S/1994/1167).

6th Prog Rpt S-G (S/1994/1006). 5th Prog Rpt S-G (S/1994/760).

4th Prog Rpt S-G (S/1994/588). 3rd Prog Rpt S-G (S/1994/463).

2nd Prog Rpt S-G (S/1994/168 & Add.1). Rpt S-G (S/1995/279).

Rpt S-G (S/1995/158). Rpt S-G (S/26868).

Rpt S-G (S/26422 & Add.1). Further Rpt S-G (S/26200).

Rpt S-G (A/46/403). Rpt S-G (S/25402).

Reports of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

Bacre Waly N?diaye: E/CN.4/1993/46; E/CN.4/1994/7; E/CN.4/1995/61; E/CN.4/1996/4; E/CN.4/1997/60 & Add.1; E/CN.4/1998/68 & Add.1.

Asma Jahangir: E/CN.4/1999/39 & Add. 1.

Report of the Special Rapporteur on the Question of the Use of Mercenaries:

Enrique Bernales Ballesteros: E/CN.4/1993/18.

Report of the Special Rapporteur on the Elimination of Religious Intolerance:

Abdelfattah Amor: E/CN.4/1995/91.

 

MEXICO

Statement:

The situation in Mexico is a civil war.

Background:

The civil war in Mexico began in the southernmost state of Chiapas on New Years Day, 1994. Calling themselves the Zapatista Army of National Liberation (EZLN), the rebel group of approximately 2,000 people occupied five towns, including the regional center of San Cristóbal de las Casas. The rebels were pursued to their remote villages, and after days of intense fighting the government announced a cease-fire on January 12, 1994, which was subsequently agreed to by the rebels. During their counter-offensive, the government armed forces bombed villages, arrested scores of peasants, and executed and tortured suspected rebels. The number of peasant deaths was estimated at 100 or higher.

The rebels? stated goals were social, economic and political changes that included improved schools, roads, and medical facilities, as well as greater autonomy for Mexico?s indigenous peoples. The indigenous area of Chiapas has historically been Mexico?s poorest region, with more than 80% of the indigenous population suffering from high levels of poverty. For centuries this area has been witness to indigenous revolts over the small amount of land peasants were able to acquire and their overwhelming destitution; the cattle barons have controlled the majority of the region?s land, and have kept indigneous resistance violently repressed through their guardias blancas, or white guards.

The EZLN has respected the cease-fire since its signing, but has retained its arms and has continued to control a sizeable amount of territory in eastern Chiapas from which they are capable of conducting military operations. The government, in violation of the cease-fire, has continued its military campaign, characterized both by a blanket militarization of the state and by sporadic assaults upon Zapatista-sympathetic communities. IED/HLP eyewitnesses and a number of other international investigators, including UN officials, have provided extensive documentation of the intensity of the military presence. The pattern of abuses by public and private security forces aimed at quelling rural unrest through massacres, occupation of villages, and detention and torture of civilians, a pattern that had existed for decades, has also intensified sharply under the new militarization.

The EZLN and the Mexican Government signed the San Andrés Accords in February 1996, promising expanded rights and political autonomy to the indigneous peoples. After 7 months of governmental non-compliance and increased militarization in Chiapas, the EZLN withdrew from negotiations. The multi-party legistaive commission (COCOPA; Comisión de Concordia y Pacificación) that was set up to verify implementation has been a constant critic of the Government?s continued militarization and refusal to fulfill the agreed-upon accords.

In March 1999, the EZLN carried out an international plebicite (La Consulta Nacional por los Derechos de los Pueblos Indígenas) among Mexicans inquiring as to the militarization of Chiapas and the San Andrés Accords. Over 3 million Mexicans voted, overwhelmingly supporting the fulfillment of the Accords and the return of the Army to their barracks. The EZLN?s civilian representative for the plebicite, Rosario Ibarra, was the recipient of IED/HLP?s first annual Dag Hammarskjold Award in 1999.

In addition to the EZLN, there are at least 14 other armed organizations operating in Mexico, foremost among them the Ejército Popular Revolucionario (EPR), and the Ejército Revolucionario del Pueblo Insurgente (ERPI). Both are concentrated in rural regions of the southern states of Guerrero and Oaxaca, but claim to have cels throughout Mexico. However, unlike the EZLN, none of these organizations has carried out military operations sufficient for qualification as parties to an armed conflict.

Current Situation:

As of June 2000, there are more than 70,000 federal troops stationed at 266 bases in Chiapas, and at least 15 distinct anti-Zapatista paramilitary organizations operate in the state in cooperation with state security forces. There are also over 20,000 internally displaced people in the state as a result of the conflict. HLP/IED?s assessment in Chiapas verifies a marked deterioration of human rights in 1999. The Mexican government began a new phase of its military campaign on June 4th with a 700-troop assault and subsequent occupation of the community of Nazareth. Incursions into other villages and municipalities followed, with over 10,000 new troops being positioned in the Lacandón Jungle. The wave of violence culminated with the August 14th siege of Amador Hernández and the August 25th attack by the Federal Army on Tojolabal villagers in San José La Esperanza. In February and March, 2000, incursions, by public security forces, paramilitaries, and the Federal Army, sometimes jointly, took place in the communities of Nicolas Ruiz, Nachajev, Jerusalén, San Andrés Sakamch?en, and San Gerónimo Tulijá. The EZLN and numerous human rights organizations have reported that Federal military forces have been increasing in numbers and stepping up operations in the period leading up to the July 2nd presidential elections.

Two years after the December 1997 Acteal masscre, those responsible for ordering the killings and the police who refused to intervene are still at liberty. Fifty-seven indigenous men have received prison terms for their participation, although twenty of the sentences were overturned in January, 2000. UN High Commissioner for Human Rights Mary Robinson visited Chiapas in late November 1999 and met with survivors from Acteal, but was prevented from visiting the village itself. High Commissioner Robinson criticized the the militarization of Chiapas and the impunity with which the paramilitary organizations act, and urged a withdrawal of troops from the Indian communities. As a result of her visit, a technical advisory program on human rights is apparently in the works between the UN and Mexico.

High Commissioner Robinson?s trip was preceeded by a visit of the Commission?s Rapporteur on Summary and Arbitrary Executions, Asma Jahangir, and was followed by a visit from the Sub-Commission?s Chair of the Working Group on Indigenous Populations, Erika-Irene Daes. To date, the government has not made any effort to begin meaningful dialogue with the EZLN, and continues to escalate military operations in the area, to the detriment of the indigenous population.

UN Action:

(UN action regarding Mexico generally addresses issues other than the Chiapas war.)

Sub-Comm Res. 1998/4.

Reports of the Working Group on Enforced or Involuntary Disappearances:

E/CN.4/1990/13; E/CN.4/1991/20; E/CN.4/1992/18; E/CN.4/1993/25;E/CN.4/1994/26; E/CN.4/1995/36; E/CN.4/1996/38; E/CN.4/1997/34; E/CN.4/1998/43; E/CN.4/1999/62; E/CN.4/2000/64.

Reports of Working Group on Arbitrary Detention:

E/CN.4/1993/24; E/CN.4/1995/31 & Adds.1,2; E/CN.4/1997/4/Add.1; Dec. No.18 & 19; E/CN.4/1999/63 & Add.1; E/CN.4/2000/4 & Add.1.

Reports of the Special Rapporteur on Torture:

P. Kooijmans: E/CN.4/1991/17; E/CN.4/1992/17; E/CN.4/1993/26.

Nigel S. Rodley: E/CN.4/1994/31; E/CN.4/1995/34; E/CN.4/1996/35 & Add.1; E/CN.4/1997/7 & Add.1; E/CN.4/1998/38 & Adds.1,2; E/CN.4/1999/61; E/CN.4/2000/9 & Add.1.

Reports of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

S. Amos Wako: E/CN.4/1990/22; E/CN.4/1991/36; E/CN.4/1992/30.

Bacre Waly N?diaye: E/CN.4/1993/46; E/CN.4/1994/7; E/CN.4/1995/61; E/CN.4/1996/4; E/CN.4/1997/60 & Add.1; E/CN.4/1998/68 & Add.1.

Asma Jahangir: E/CN.4/1999/39 & Add.1; E/CN.4/2000/3 & Add.3.

Reports of the Special Rapporteur on the Elimination of Religious Intolerance:

Angelo Vidal d?Almeida Ribeiro: E/CN.4/1991/56.

Abdelfattah Amor: E/CN.4/1995/91; E/CN.4/1997/91; E/CN.4/2000/65.

Report of Special Rapporteur on Violence against Women:

Radhika Coomaraswamy: E/CN.4/2000/68/Add.4.

Report of Special Rapporteur on Sale of Children, Child Prostitution & Child Pornography:

Ofelia Calcetas-Santos: Mission to Mexico, E/CN.4/1998/101/Add.2.

Report of the Special Rapporteur on Contemporary forms of Racism:

Glélé-Ahanhanzo: E/CN.4/1999/15.

Report of Special Rapporteur on Freedom of Opinion and Expression:

Abid Hussain: E/CN.4/1999/64; E/CN.4/2000/63.

Report of the Special Rapporteur on the Independence of Judges and Lawyers:

Param Cumaraswamy: E/CN.4/2000/61.

 

MOLUCCAS

Statement:

The situation in the Moluccas is a war of national liberation in exercise of the right to self-determination.

Background:

The Moluccas, independent for much of its history, was part of the Netherlands East Indies during the colonial period. The Round Table Conference Agreements of 1949 (Netherlands, Indonesia and the United Nations), the basis for the Moluccan claim to self-determination, provided for transfer of sovereignty over the territory of the Netherlands East Indies from the Netherlands to a new Indonesian state (the United States of Indonesia) which was bound to guarantee the right to self-determination to its component parts. The Indonesian government was to have a federal structure in which the component states of Borneo, East Indonesia (including the South Moluccas), and the Republic Indonesia were automatically recognized as equal powers. The wishes of each area?s population were to be taken account of in a plebiscite to determine if they wished to form a separate state. If any state did not ratify the final Indonesian constitution, it would have the right to negotiate for a separate status.

Nevertheless, in 1950 the Javanese-dominated government of Indonesia used armed force to maintain the territory as a unitary state. The Moluccan people, exercising their rights under the Round Table Conference Agreements, declared their independence from the state of East Indonesia and the United States of Indonesia and formed the Republik Maluku Selatan (Republic of South Moluccas). The Republic of South Moluccas was invaded by Indonesian forces in July 1950, with a second invasion in September 1950. Despite this direct violation of the Round Table Conference Agreements, the Republic of Indonesia was admitted to the United Nations as a unitary state in September 1950. In December 1950, the Moluccan Army withdrew to Ceram. The Moluccan leader Chris Soumokil was captured and summarily executed in 1966.

The occupied Moluccans have been facing dangers of ethnocide and genocide through forced contraception and continued transfer of Javanese settlers to the islands. Many of their resources, including timber and forest products, are being exploited wholesale. The Moluccans are becoming a minority population in their own territory and face high unemployment and essentially no freedom of speech and expression. In 1997 there were increased clashes due to the increasing "colonization" of Moluccan lands by Javanese. Moluccan resistance continues, including the formation of provisional governments.

Indonesian President Soeharto resigned in May 1998 after mass protests against his government. The new President, B.J. Habibie, began discussions regarding East Timor (see "East Timor") and investigation into army atrocities in Acheh (see "Acheh") during Soeharto?s long rule. He did not begin investigation into the many atrocities committed by Indonesian authorities in the Moluccas.

Current Situation:

There has a large increase in the clashes between the Javanese settlers and the Moluccan people, with most of the incidents taking place in Ambon. The Javanese, primarily Muslim, have been attacking the Christian Moluccan?s churches and other cultural property in what observers feel is an effort to intimidate Moluccans into not seeking independence. Initially flaring up in Spring 1999, the situation deteriorated dramatically in July 1999, and by October 1999 there had been more than 200 people killed and 600 injured. In August 1999, Muslim mobs attacked 6 Christian villages in Seram and burned down 8 churches. Over 100 people were killed in six days. The fighting spread to West Seram and other islands in the Moluccas.

In October 1999, Abdurrahman Wahid became president and Magawati Sukarnoputri vice president in the first elections in Indonesia in over 40 years. Demonstrations by Moluccan people abroad, mainly in the Netherlands, took place the same month. One Moluccan faction, the government-in-exile of the Republic of South Moluccas (RSM), claimed in December 1999 that it was investigating possible political arrangements, including autonomy for the Moluccas within a federal Indonesia. On December 12, President Walid and Vice President Sukarnoputri visited Ambon (Moluccas) along with four members of the Moluccan community from the Netherlands, two from the RSM. However, the fighting has continued.

In early January 2000, the Indonesian military authorities, led by General Max Tamaela, were unable to maintain control of the situation, while the death toll in one week from late December to early January, 2000, reached 500, the worst of the past 50 years. By early February 2000, there were rumors of a military coup against President Walid (perhaps led by at the hands of Army Chief of Staff Tyasno Sudarto), especially when security chief General Wiranto refused to resign despite three requests from Wahid. President Wahid went on a European tour in January 2000.

By early March 2000, Javanese youth, primarily from Jakarta, began forming a militant group calling itself Laskar Jihad, with a mission to attack Christians in the Moluccas. In mid-May 2000, as many as 2000 members of the Laskar Jihad were in the Moluccas and carried out several massacres in Halmahera, one killing about 30 villagers and another at the end of May in which a reported 60 Christian villagers were killed and 100 more wounded. By the end of May 2000, the last of the aid workers left Ambon due to the conflict. Estimates at time of writing (June 2000) range between 2700 and 3500 Christian Moluccans killed since January 2000. Clashes are a daily occurrence, and at time of writing it appears that the newest clashes have resulted in hundreds of killed. The Moluccans are beginning to flee from the Laskar Jihad to West Papua and other areas.

Over 10,000 people are thought to have died as a result of the lengthy conflict.

UN Action:

(For additional citations on Indonesia, see East Timor.)

SC Committee of Good Offices on the Indonesian Question (1947-1949).

SC Comm for Indonesia (1949-1955):

Reports: UN Docs. S/1373, S/1417, S/1842, S/1873 and S/2087.

SC Res (1/28/1949).

The Round Table Conference Agreements: 69 UNT.S. 3 (1950).

Sub-Comm Doc. E/CN.4/Sub.2/1994/L.25.

 

RWANDA

Statement:

The situation in Rwanda is a civil war.

Background:

In 1959, the Hutu people in Rwanda rebelled against the Belgians as well as the Tutsi elite, resulting in the displacement of hundreds of thousands of Tutsi. In 1962, Rwanda and Burundi became separate, independent countries. The Hutu-installed government in Rwanda continued Tutsi massacres, and some Tutsi escaped to Uganda and formed the Rwanda Patriotic Front (RPF). Major General Juvenal Habyarimana, a Hutu, staged a military coup in 1973 and remained in power through elections in 1978, 1983, and 1988. Members of both the Hutu and Tutsi opposed him and some Hutu supported the RPF.

In 1990, the RPF invaded Rwanda and battled government forces for three years, displacing hundreds of thousands of people. In August 1993, a peace agreement was signed, including a power-sharing plan that was never implemented. On April 6, 1994, President Habyarimana was killed when the plane in which he and the president of Burundi were flying was shot down. Troops and militia loyal to the government began systematically killing opponents, mostly those suspected of supporting the RPF, including many Hutu. Attacks reached the point of genocide with stories of rivers clogged with dead bodies. Up to a million people were slaughtered in 14 weeks, mostly from the Tutsi minority. Almost half the population fled the country. The United Nations Commission on Human Rights held a special session on Rwanda in May 1994. In July 1994, the RPF captured the capital. The United Nations established a special tribunal for Rwanda.

Over one million Hutu refugees have lived in refugee camps in Democratic Republic of the Congo, Tanzania, Burundi and Uganda as a result of the killings. The Interahamwe militiamen (the former government?s militia) based themselves in border areas and refugee camps, intimidating refugees not to return and conducting raids into the country. They also joined in attacks with Burundian Hutu rebels.

An estimated 15,000 Hutu rebels of the Army for the Liberation of Rwanda (ALIR) began advocating the destruction of the Tutsi minority, publishing racist literature and broadcasting hate messages from a clandestine radio station in the Democratic Republic of the Congo. The ALIR reportedly assassinated local officials and freed hundreds of genocide suspects. RPF counterinsurgency campaigns resulted in the deaths of thousands of Hutu civilians, increasing support for the ALIR in its areas. On December 11, 1997, at least 271 persons were hacked to death at Mudende camp, following an attack four months earlier. In early January 1998, the ALIR entered Rwanda from Congolese bases and killed and maimed Tutsi civilians during a several-day spree. In February 1998, 33 civilians were hacked to death by Hutu rebels in Ruhemgeri district and 48 in Gisenyi district. The Hutu army is said to have one goal - to kill as many Tutsi as possible in Rwanda, Burundi and the Democratic Republic of the Congo (DRC). Rwanda?s army has had troops in the DRC since DRC?s President Kabila?s May 1997 victory. During the December 11, 1997, attacks by the Hutu ALIR, a Mai-Mai tribal militia from the DRC attacked the Rwandan town of Cyangugu. Some view the events as a combined operation of the ALIR and Mai-Mai; eye-witnesses report that the 500 Mai-Mai and Hutus crossed by boat and foot together after attacking the Congolese town of Bukavu.

In 1996, the International Criminal Tribunal began trials of those suspected to be responsible for the genocide in 1994; in 1997, the Tribunal and its procedures were reformed due to difficulties. More than 85,000 are being held in custody as suspected participants in the killings and other crimes.

(See "Burundi" for more background on conflict.)

Current Situation:

Hundreds of thousands of Rwandan Hutu refugees began returning home after their camps were raided and dispersed by Zairian rebels led by Laurent Kabila, now President of the Democratic Republic of the Congo, acting with the assistance of the RPF. The RPF has been accused of massacring thousands of Hutu refugees during these joint operations (see "Democratic Republic of the Congo").

In July 1998, Kabila asked the Rwandan army to leave the Democratic Republic of the Congo, and in August 1998, citing Kabila?s inability to secure their common border, the RPF began supporting the new rebel movement in the DRC. Now Kabila?s forces are fighting the Congolese rebels with significant support from those considered responsible for the Rwandan genocide: the former Rwandan Armed Forces (FAR) and the Interahamwe militias. As many as 40,000 Hutu Rwandan rebel troops may now be active in the DRC, from where they carry out raids into Rwanda as part of a campaign to eliminate Tutsi and overthrow the Tutsi government. On July 24, 1998, the Rwandan armed forces reported they had killed ALIR commander Leonard Nkundiye. The Rwandan government has committed to withdraw its troops from the DRC under the 1999 Lusaka agreement, but wants its security concerns addressed beforehand.

Since the end of the genocide in 1994, tens of thousands of persons have been murdered in Rwanda and at least 5000 killed in massacres by Hutu militias. Much of the violence in centered in Gisenyi and Ruhengeri provinces in the north where some 600,000 displaced people live. The RPF have been accused of large-scale disappearances.

International humanitarian aid workers are afraid to go to many places without military escort. Three were killed in an ambush in 1997 and 5 UN employees were murdered in the south-west in February 1998.

In September 1998, the International Criminal Tribunal for Rwanda announced its first conviction for genocide, holding Jean-Paul Akayesu responsible for the planned murder of 2,000 Tutsi and the rape of dozens of women. Three more people have since been convicted by the tribunal, including Georges Rutaganda in December 1999. Rwanda, which had suspended cooperation with the tribunal in November 1999 after the appeals court ordered Jean-Bosco Barayagwiza released for being held too long without charge, resumed ties with the tribunal in February 2000. Earlier in the month, Augustin Ndindiliyimana, former head of Rwanda?s military police and thought to be a top leader in the genocide, was arrested in Belgium.

The Rwandan government is still holding over 100,000 people accused of participating in the genocide. 1500 people have been tried, and in April 1998, 22 convicted persons were executed. The UN Office of the High Commissioner for Human Rights criticized the public executions and questioned the Rwandan military?s involvement in civilian deaths. On July 16, 1998, the Office suspended its field operation because of questions regarding its mandate.

An independent report on the genocide released in December 1999 condemned UN Secretary General Kofi Annan (at the time head of UN peacekeeping), and criticized the Security Council and the United States for ignoring evidence of a planned genocide and failing to act after the killing began.

UN Action:

(See also "Burundi" and "Democratic Republic of the Congo".)

UNOMUR (6/93-9/94); UNAMIR (10/93-3/96).

International Criminal Tribunal for Rwanda:

Akayesu Case No. ICTR-96-4-T (9/2/98).

SC Res 1259 (8/11/99). SC Res 1241 (5/19/99).

SC Res 1200 (9/30/98). SC Res. 1165 (4/30/98).

SC Res 1161 (4/9/98). SC Res 1097 (2/18/97).

SC Res 1080 (11/15/96). SC Res 1078 (11/9/96).

SC Res 1053 (4/23/96). SC Res 1050 (3/8/96).

SC Res 1047 (2/29/96). SC Res 1029 (12/12/95).

SC Res 1028 (12/8/95). SC Res 1013 (9/7/95).

SC Res 1011 (8/16/95). SC Res 1005 (7/17/95).

SC Res 997 (6/9/95). SC Res 989 (4/24/95).

SC Res 978 (2/27/95). SC Res 977 (2/22/95).

SC Res 965 (11/30/94). SC Res 955 (11/8/94).

SC Res 935 (7/1/94). SC Res 929 (6/22/94).

SC Res 928 (6/20/94). SC Res 925 (6/8/94).

SC Res 918 (5/17/94). SC Res 912 (4/21/94).

SC Res 909 (4/5/94). SC Res 893 (1/6/94).

SC Res 891 (12/20/93). SC Res 872 (10/5/93).

SC Res 846 (6/22/93). SC Res 812 (3/12/93).

GA Res 54/240 (12/23/99).

GA Res 54/188 (12/17/99). GA Res 53/156 (9/12/98).

GA Res 52/146 (12/12/97). GA Res 51/114 (12/12/96).

GA Res 50/200 (12/22/95). GA Res 50/58 (12/22/95).

GA Res 49/206 (12/23/94). GA Res 49/24 (12/2/94).

GA Res 49/23 (12/2/94). GA Res 48/211 (12/21/93).

Comm Res 2000/21. Comm Res 1999/20.

Comm Res 1998/69. Comm Res 1997/66.

Comm Res 1996/76. Comm Res 1995/91.

3rd Special Session of the Comm:

(Res S-3/1; Rpt E/CN.4/S-3/4).

Sub-Comm Res 1995/5. Sub-Comm Res 1994/1.

Sub-Comm Dec 1994/102.

Rpt S-G (S/1998/857). Rpt S-G (S/1995/1002).

Prog Rpt S-G (S/1995/848). Prog Rpt S-G (S/1995/678).

Rpt S-G (S/1995/134). Prog Rpt S-G (S/1995/107 & Add.1).

2nd Rpt S-G (S/1995/65). Prog Rpt S-G (S/1994/1344).

Rpt S-G (S/1994/1308). Prog Rpt S-G (S/1994/1133).

3rd Prog Rpt S-G (S/1994/1073). Rpt Sec.-Gen (S/1994/924).

Rpt S-G (S/1994/879). 2nd Prog Rpt S-G (S/1994/715).

Rpt S-G (S/1994/640). Rpt S-G (S/1994/565).

Special Rpt S-G (S/1994/470). 2nd Rpt S-G (S/1994/360).

Rpt S-G (S/26927). 2nd Rpt S-G (S/26878).

Further Rpt S-G (S/26350). Rpt S-G (S/26488).

Interim Rpt S-G (S/25810). Rpt SC Mission S/1995/164.

Note by Secretariat:

E/CN.4/1999/34.

Reports of High Commissioner for Human Rights:

Jose Ayala Lasso: E/CN.4/S-3/3.

Mary Robinson: A/52/486/Add.1/Rev.1; E/CN.4/1998/61.

Reports of the Special Representative:

Rene Degni-Segui: E/CN.4/1995/7 & Corr.1; E/CN.4/1995/12; E/CN.4/1995/70; E/CN.4/1995/71; E/CN.4/1996/7; E/CN.4/1996/68; E/CN.4/1997/61; E/CN.4/1998/60.

Michel Moussalli: E/CN.4/1999/33; E/CN.4/2000/41.

Reports of the Working Group on Enforced or Involuntary Disappearances:

E/CN.4/1993/25; E/CN.4/1994/26; E/CN.4/1995/36; E/CN.4/1996/38; E/CN.4/1997/34; E/CN.4/1998/43; E/CN.4/1999/62.

Reports of the Special Rapporteur on Torture:

P. Kooijmans: E/CN.4/1992/17; E/CN.4/1993/26.

Nigel S. Rodley: E/CN.4/1994/31; E/CN.4/1998/38 & Add.1; E/CN.4/1999/61; E/CN.4/2000/9.

Reports of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Execution:

S. Amos Wako: E/CN.4/1992/30.

Bacre Waly N?diaye: E/CN.4/1993/46; E/CN.4/1994/7; E/CN.4/1995/61; E/CN.4/1996/4; E/CN.4/1997/60 & Add.1; E/CN.4/1998/68 & Add.1.

Asma Jahangir: E/CN.4/1999/39 & Add.1; E/CN.4/2000/3 & Add.1.

Report on Internally Displaced:

Francis M. Deng: E/CN.4/1995/50/Add.4; E/CN.4/1997/43.

Report of the Special Rapporteur on the Elimination of Religious Intolerance:

Abdelfattah Amor: E/CN.4/1995/91.

Report of the Special Rapporteur on Violence Against Women:

Radhika Coomaraswamy: Mission to Rwanda, E/CN.4/1998/54/Add.1.

Report of the Special Rapporteur on the Independence of Judges and Lawyers:

Param Cumaraswamy: E/CN.4/2000/61.

Report of the Special Representative of the Secretary-General for Children and Armed Conflict:

Olara Otunnu: E/CN.4/2000/71.

 

SIERRA LEONE

Statement:

The situation in Sierra Leone is a civil war with a recent peace agreement.

Background:

The Revolutionary United Front (RUF), under the leadership of Foday Sankoh, fought a civil war against the government of Major-General Joseph Momoh beginning in March, 1991. However, a military-led group (the National Provisional Ruling Council, NPRC) overturned Momoh in a coup in 1992 and installed Captain Valentine Strasser as president government. Captain Strasser announced a general election in December 1995 and inauguration of a new president in January 1996. The RUF continued its military action against the government. In the period between 1992 and 1996, a gruesome civil war raged, characterized by massacres, looting and general destruction of people, property and any semblance of civilized society on the part of both sides. The election was reset for February 1996.

Brigadier Julius Maada Bio assumed control of the NPRC and overthrew Strasser in January 1996, but went forward with scheduled February 26 voting to end military rule. It was the first multi-party election in three decades. Ahmed Tejan Kabbah was elected president.

Beginning in April 1995, Executive Outcomes, a South African-based company specializing in mercenary activities, trained the Republic of Sierra Leone Military Force (RSLMF) units and participated in attacks against the RUF. The attacks took a serious toll on the rebels, and in March 1996 a cease-fire was announced. By the end of the year the Abidjan Accord was in place. It included provisions for prisoners of war to be released and rebels to be disarmed and integrated into the national army. The RUF begun quartering their soldiers, but failed to meet the deadline for appointing a representative to the joint commission that was to oversee demobilization.

In May 1997, President Ahmed Tejan Kabbah was overthrown in a military coup by a military junta calling itself the Armed Forces Revolutionary Council (AFRC) led by Major Johnny Paul Koromah. This led to peace between the new regime and the RUF, but desultory fighting continued against the Kamajors, a Mende ethnic militia led by Hinga Norman, architect of an earlier coup in 1967. This militia was armed and trained by the Nigerians, and according to the UN News and World Report of February 9, 1998, also received $1.5 million worth of arms in a deal organized by friends of President Kabbah.

The 1997 Conakry Accord, brokered by the Economic Community of Western African States (ECOWAS) provided that ECOMOG, the ECOWAS military force, would disarm all factions and reorganize the Sierra Leonean army. Koromah was to step down and the Kabbah government reinstated on April 22, 1998. Kabbah was to set up a broad-based national government.

Disarmament did not occur as agreed, and Koromah indicated he probably would not meet the deadline for transfer of power. Embargoes on oil and arms and a travel ban on the regime?s officials were imposed under Security Council Resolution 1132, and the Nigerians extended this to a total blockade, claiming authority from a previous Resolution of ECOWAS.

In January 1998, UN Secretary-General Kofi Annan sent an assessment team headed by Special Envoy Francis Okello. On February 11, 1998, Nigerian forces captured Freetown, and in the following week the Kamajors occupied Bo and Kenema. The junta leaders fled, some to Liberia where they were arrested by Nigerian troops. The whereabouts of Koromah was unknown. Kabbah was reinstated as President.

In late July 1998, the UN Secretary-General held a special conference with President Kabbah. The remaining rebel forces, including remnants of the AFRC, continued sporadic but violent attacks against civilians, many of whom have had their hands hacked off. Several hundred thousand began streaming into government-controlled areas.

Current Situation:

In July 1999, the Lomé peace accord was signed under which Sankoh was brought into a power sharing government with President Kabbah, rebels were given amnesty for war-crimes, and 6000 UN peacekeepers were authorized to monitor the disarmament process (UNAMSIL). Despite orders from Sankoh, RUF commander Sam Bockarie has continued to fight and terrorize civilians in areas under his control. Bockarie opposes the deployment of UN troops and accuses Sankoh of plotting to kill him. 6,000 UN troops, mostly Jordanian and Indian under the command of Major General Vijay Kumar Jetkey of India, arrived in November 1999. In December 1999, two Medecins Sans Frontieres volulneers were abducted by the rebels, and up to 5000 more refugees fled fighting. Due to continuing lawlessness, in February 2000 the Security Council authorized an additional 5000 peacekeepers and enlarged their mandate. At that time, Bockarie was thought to have an estimated 15,000 in his army. Only 7000 combatants, most without weapons, of 45,000 have reported to disarmament camps, and the Kamajor militiat refuses to give up their arms until Bockarie does.

The situation worsened dramatically in May 2000 when the RUF destroyed two UN disarmament camps and took nearly 500 UN troops and observers hostage. UK sent in the Royal Marines to assist the UN. In mid-May, 150 hostages were released, and Sankoh was captured and held by the government. At the end of May 2000, the Sierran Leonean military defeated the RUF at Rogberi Junction, and Liberian President Charles Taylor arranged for the release of most of the remaining hostages. In early June, the government forces recaptured rebel-held Lunsar, but it undergoes regular attacks. At time of writing (June 2000) the RUF still holds 21 Indian troops, the UN has 11,850 troops deployed, 45,000 new persons are displaced (primarily in the Makeni area), and the Royal Marines have withdrawn. RUF field commander Issa Sesay has demanded the release of Sankoh as a condition for talks. Bockarie apparently operates the RUF from Liberia.

Since the civil war began in 1991, between fifteen to fifty thousand people have died, and more than 30% of the population has been displaced. 400,000 refugees are living in Guinea alone.

UN Action:

UNAMSIL (10/99-present).

SC Res 1299 (5/19/2000). SC Res 1289 (2/7/2000).

SC Res 1270 (10/22/99). SC Res 1260 (8/20/99).

SC Res 1245 (6/11/99). SC Res 1231 (3/11/99).

SC Res 1220 (1/12/99). SC Res 1181 (7/13/98).

SC Res 1171 (6/5/98). SC Res 1162 (4/17/98).

SC Res 1156 (3/16/98). SC Res 1132 (10/8/97).

GA Res 54/241 (12/23/99). GA Res 48/196 (12/21/93).

Comm Res 2000/24. Comm Res 1999/1.

Rpt S-G (S/2000/186). Rpt S-G (S/2000/13 & Add.1).

Rpt S-G (S/2000/455). Rpt S-G (S/1999/1223).

Rpt S-G (S/1999/1003). Rpt S-G (S/1999/836).

Rpt S-G (S/1999/645). Rpt S-G (S/1999/237).

Special Rpt S-G (S/1999/20). 2nd Prog Rpt S-G (S/1998/960).

1st Prog Rpt S-G (S/1998/750). 5th Rpt S-G (S/1998/486).

4th Rpt S-G (S/1998/249). 3rd Rpt S-G (S/1998/103).

Rpt S-G (S1997/958). Rpt S-G (S/1997/811).

Rpt S-G (S/1997/80 & Add.1). Rpt S-G (S/1995/975).

Rpt UNHCHR (E/CN.4/2000/31).

Report of the Special Rapporteur on Torture:

Nigel S. Rodley: E/CN.4/1994/31; E/CN.4/1999/61.

Reports of the Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions:

Bacre Waly N?diaye: E/CN.4/1994/7; E/CN.4/1995/61; E/CN.4/1996/4; E/CN.4/60 & Add.1.

Asma Jahangir: E/CN.4/1999/39 & Add.1; E/CN.4/2000/3 & Add.1.

Report of the Special Rapporteur on the Question of the Use of Mercenaries:

Enrique Bernales Ballesteros: E/CN.4/1996/27; E/CN.4/1998/31; E/CN.4/1999/11.

Report of Special Rapporteur on Freedom of Opinion and Expression:

Abid Hussain: E/CN.4/1999/64.

Report of the Special Representative of the Secretary-General for Children and Armed Conflict:

Olara Otunnu: E/CN.4/2000/71.

 

SOMALIA

Statement:

The situation in Somalia is a civil war.

Background:

The conflict is as much a product of the cold war as of colonialism. Due to its strategic location near the oil fields of the Middle East, both the US and Russia (then the USSR) formed military alliances with governments in the Horn of Africa, and poured weapons into the region.

Rebels overthrew Somalia?s dictator, Mohamed Siad Barre, in January of 1991 and quickly began fighting among themselves. Subsequently, factions began vying for control of the country, causing political and economic chaos that left the people at the mercy of armed gangs and famine. The imminent danger of starvation of about one-and-a-half-million people led the US Marines and UN peacekeepers to attempt to restore order and facilitate food distribution in December 1992. The Marines left in 1993 after about 24 soldiers were killed in battles with the forces of Mohammad Farah Aidid. The UN forces were withdrawn in March 1995 despite continuing fighting between rival militias.

Current Situation:

Somalia remains with no national government and no constitution, and fighting rages between rival clans despite 16 peace initiatives. No group has sufficient power to maintain a government.

In December 1997, an agreement was signed by several of the rival factions, including Mohammed Farah Aidid?s United Somali Congress/Somali National Alliance and Ali Mahdi Mohammed?s Somali National Salvation Council. Called the Cairo Declaration, the agreement would establish a cease-fire and an interim government for a three-year transition period that could be extended an additional two years with the approval of the 189-member Constituent Assembly. The government would be led by a thirteen-member Presidential Executive Council, including a president, a prime minister and a speaker of parliament. Subsequently, national elections would be held. Provisions for a cessation of military operations and the reopening of Mogadishu?s airport and sea port were to have immediate effect.

In January 1998, it was announced that a national reconciliation conference would be held in Baidoa on February 15, 1998. However, the conference was postponed several times and was rescheduled for 1999. In July 1998, Hussein Aideed, Ali Mahdi and Osman Hassan Ali ("Atto") signed a peace agreement to form a joint administration of Mogadishu to start in August. Atto immediately boycotted it.

In December 1999, five of the main factions reached a five-point agreement under which an administration is to be set up for southern Somalia. However, Muse Sidi Yalahow, who controls territory in the area, has refused to participate. On February 23, 1999, the Rahanwein Resistance Army, yet another faction, announced that Aidid?s faction had killed 60 civilians in Baidoa and Daynunay that week. Also in February 2000, Djibouti indicated that it was leading a new peace initiative to be led by politicians, intellectuals, elders and women?s groups.

The International Committee of the Red Cross left Somalia in 1998 after eight employees and two pilots were kidnapped. In late 1998, two UN planes were hit by militia forces. In September 1999, after the murder of one of its staff by bandits, the UN suspended operations in the south. Due to the continued fighting, Kenya has closed its border with Somalia.

Mohammed Ibrahim Egal, president of Somaliland (an area in the north-west that declared independence in 1991) remains opposed to reintegrating into Somalia.

In December 1999, the Oromo Liberation Front, an Ethiopian rebel group, began to withdraw after an October agreement between Hussein Aidid and the Ethiopian government. In exchange, Ethiopian troops will also be withdrawn. The agreement also calls for joint cooperation in fighting Al Itihad, previously called the Western Somali Liberation Front (WSLF), which wants to unite the Ogaden region in Ethiopia with Somalia.

UN Action:

UNITAF; UNOSOM I (4/92-3/93); UNOSOM II (3/93-3/95).

SC Res 954 (11/4/94). SC Res 953 (11/1/94).

SC Res 946 (9/30/94). SC Res 923 (5/31/94).

SC Res 897 (2/4/94). SC Res 886 (11/18/94).

SC Res 885 (11/16/93). SC Res 878 (10/29/93).

SC Res 865 (9/22/93). SC Res 837 (6/6/93).

SC Res 814 (3/26/93). SC Res 794 (12/3/92).

SC Res 775 (8/28/92). SC Res 767 (7/27/92).

SC Res 751 (4/24/92). SC Res 746 (3/17/92).

SC Res 733 (1/23/92).

GA Res 54/96D (12/8/99).

GA Res 53/1 M (12/8/98). GA Res 52/169L (12/16/97).

GA Res 48/201 (12/21/93). GA Res 48/146 (12/20/93).

GA Res 47/167 (12/18/92). GA Res 47/160 (12/18/92).

GA Res 47/107 (12/16/92). GA Res 46/176 (12/19/91).

GA Res 45/229 (12/21/90). GA Res 44/178 (12/19/89).

GA Res 43/206 (12/20/88).

Comm Res 2000/81. Comm Res 1999/75.

Comm Res 1998/59. Comm Res 1997/47.

Comm Res 1996/57. Comm Res 1995/56.

Comm Res 1994/60. Comm Res 1993/86.

Sub-Comm Res 1992/11. Sub-Comm Res 1991/29.

Rpt S-G (S/1997/715). Rpt S-G (S/1997/135).

Rpt S-G (S/1994/1166). Rpt S-G (S/1994/977).

Further Rpt S-G (S/1994/839). Further Rpt S-G (S/1994/614).

Further Rpt S-G (S/1994/12). Further Rpt S-G (S/26738).

Rpt S-G (S/26351). Further Rpt S-G (S/26317).

Rpt S-G (S/26022). Further Rpt S-G (S/25354 & Add.1,2).

Rpt S-G (A/47/553). Rpt S-G (S/23829, Add.1&2).

Rpt S-G (S/24343). Rpt S-G (S/24480).

Rpt S-G (S/23445). Rpt S-G (S/23693).

Rpt S-G (A/46/457).

Reports by the Independent Experts:

J. Kozonguizi: E/CN.4/1994/77 & Add.1

Mohamed Charif: E/CN.4/1996/14 & Add.1.

Mona Rishmawi: E/CN.4/1997/88; E/CN.4/1998/96; E/CN.4/1999/103 & Add.1; E/CN.4/2000/110 & Corr.1.

Reports by the Special Rapporteur on Torture:

P. Kooijmans: E/CN.4/1990/17; E/CN.4/1991/17.

Reports of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Execution:

S. Amos Wako: E/CN.4/1990/22; E/CN.4/1991/36.

Bacre Waly N?diaye: E/CN.4/1993/46; E/CN.4/1994/7; E/CN.4/1995/61; E/CN.4/1997/60 & Add.1.

Report on Internally Displaced:

Francis M. Deng: E/CN.4/1993/35.

 

SRI LANKA

Statement:

The situation in Sri Lanka is war of national liberation in exercise of the right to self-determination.

Background:

The Sinhalese and the Tamils had two separate kingdoms on the island of Ceylon before the arrival of first Portuguese, then Dutch and British colonialists. Both peoples have their own language, religion and culture. When the British left in 1948, the country was left in the hands of the Sinhalese people, who outnumber the Tamils on Ceylon. In 1949, the first anti-Tamil legislation was passed, disenfranchising and denying citizenship rights to many Tamils, followed in 1950 by large scale colonization by Sinhalese in traditional Tamil homelands. In 1956, a law established Sinhala as the only official language of the State, and Buddhism, the religion of the Sinhalese, was given favored status by the Constitution. A 1983 amendment to the Constitution banned any political party advocating secession, effectively denying the Tamils representation in Parliament.

In the late 1970s, disappearances, arbitrary arrests, torture, and extrajudicial killings of Tamils began to be reported and were attributed to government forces. At that time many Tamils joined separatist movements, and militant resistance organizations began to form, among them the Tamil United Liberation Front (TULF) and its youth group the Liberation Tigers of Tamil Eelam (LTTE).

Following the massacres of Tamils in Colombo in 1983, the LTTE began military operations that have continued at a level sufficient to invoke humanitarian law and the duties and rights of combatants. During the period of the involvement of the Indian Peace Keeping Force (IPKF; 1987-1989), the war was internationalized. The war has produced waves of refugees, primarily Tamil. Human rights abuses against Tamils and violations of the rules of humanitarian war by the government have been rampant, with the military forces of the government especially implicated in serious attacks on the civilian population. For its part, the LTTE has been accused of bombing non-military targets.

In July 1995, the government began intensive and indiscriminate bombing of civilian population centers in the Jaffna peninsula, targeting temples and refugee camps. In December, the Tamil capital of Jaffna was overrun by the Sinhalese army after 47 days of house-to-house fighting, resulting in 200,000 refugees. In 1996, an estimated 600 civilians disappeared from Jaffna after being taken into custody. The government created the Board of Investigation in the Ministry of Defense and a human rights commission to investigate human rights abuses.

Fighting continued throughout 1998. The LTTE developed air power. In May 1998, the Committee on Economic, Social and Cultural Rights expressed concern over the situation of an estimated 800,000 displaced persons, over the fact that the Army had forced Tamil villages in the Welioya region to leave, and over the fact the impartial surveys showed severe undernourishment of women and children living in shelters (E/C.12/1/Add.24 of 13 May 1998).

Sri Lanka imposed strict press censorship on war coverage in June 1998, prompting the International Press Institute (Vienna) to condemn the government for "flagrant breach" of freedom of the press. Immediately after the press ban, the Sri Lankan forces began air attacks in the Mullaitivu district, destroying most of the civilian dwellings. Mass graves of Tamils were discovered in Chemmani (Jaffna) leading to international pressure on the Sri Lankan government to investigate.

In December 1998, the Sri Lankan government called off its 1 1/2-year "Operation Victory Assured" after failing to secure a land route thorough the Vanni region. The campaign had bogged down at least three divisions and had become a political liability. The military commander of this operation, General A. Ratwatte, was edged out and President Kumaratunga took over supervision of the war. Her government rejected third-party mediation or even facilitation of negotitions to end the war. Also in 1998 the government?s own investigation into the political killings of President Premadasa and Attorney General Athulathmudali revealed that they were killed by rival Sinhala factions, not by the LTTE as had been alleged.

Current Situation:

Following a Spring and Summer 1999 marked by numerous skirmishes, the LTTE began renewed large-scaled military operations called "Unceasing Waves 3" in the Vanni region (roughly the central/north part of the island of Ceylon) in late October 1999, and in a period of three week recaptured all the territory lost in the previous three years. By the end of April 2000, the LTTE had seized the huge Elephant Pass military complex and numerous other bases in the area. This effectively trapped 30-40,000 Sinahala troops in Jaffna. During "Unceasing Waves 3" the LTTE has been able to capture large arsenals of weapons as well as tanks, airplanes and missiles. The Sri Lankan forces have been returning to aerial bombing in the Jaffna area and have also launched a recruitment drive, to date unsuccessful, to replace its casualties and the estimated 15,000 deserters whose whereabouts are unknown. At time of writing (June 2000) the LTTE is shelling the last supply post (the airport and port to the north of Jaffna) and are tightening their ring around the stranded soldiers. The Sri Lankan government has imposed total press censorship and it is difficult to accurately assess the situation. There is international concern about the Tamil civilians, and allegations that the Sri Lankan forces are using them as human shields.

In December, President Kumaratunga was reelected in a campaign marred by intense inter-Sinhala violence, especially between the President?s Peoples? Alliance (PA) and the UNP. Attempts were made on the life of both candidates Kumaratunga and Ranil Wickremesinghe. In early January 2000, Kumar Ponnambalam, IED/HLP delegate to the United Nations, a leading Tamil politician and barrister and human rights defender was assassinated in Colombo. (IED/HLP joined with ten other NGOs in a special memorial event for Mr. Ponnambalam in Geneva).

In mid-February, Norwegian Foreign Minister Knut Volleback met with LTTE spokesperson Anton Balasingham and then with President Kumaratunga and opposition leader (UNP) Ranil Wickremesinghe in Colombo, offering Norway as a third-party mediator. After the serious military setbacks in early Spring, Sri Lanka renewed relations with Israel and began buying military hardware from Israel as well as from other countries At time of writing (June 2000) Norway has renewed its commitment to mediation and carried out diplomatic talks in India and Colombo. The government of India, after rejecting the Sri Lankan government?s appeal for military assistance, now claims that it will only help evacuate the Sri Lankan soldiers and provide humanitarian assistance to Tamil civilians. United States officials have also visited the area, and claim to support Norway?s initiative.

More than 80,000 people have died, many thousands are currently displaced, and hundreds of thousands of Tamils have received refuge out of the country.

UN Action:

Comm Dec 1984/111. Comm Res 1987/61.

Comm Statement of 27 February 1992.

Sub-Comm Res 1983/16. Sub-Comm Res 1984/32.

Reports of the Working Group on Enforced or Involuntary Disappearances:

E/CN.4/1987/15 & Corr.1/Add.1; E/CN.4/1990/13; E/CN.4/1991/20; E/CN.4/1992/18 & Add.1; E/CN.4/1993/25 & Add.1; E/CN.4/1994/26; E/CN.4/1995/36; E/CN.4/1996/38; E/CN.4/1997/34; E/CN.4/1998/43; E/CN.4/1999/62 E/CN.4/2000/64 & Add.1; E/CN.4/2000/64.

Reports of the Special Rapporteur on Torture:

P. Kooijmans: E/CN.4/1987/13; E/CN.4/1990/17; E/CN.4/1991/17; E/CN.4/1992/17; E/CN.4/1993/26.

Nigel S. Rodley: E/CN.4/1994/31; E/CN.4/1995/34; E/CN.4/1996/35 & Add.1; E/CN.4/1998/38 & Add.1; E/CN.4/1999/61; E/CN.4/2000/9.

Reports of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

S. Amos Wako: E/CN.4/1990/22; E/CN.4/1991/36; E/CN.4/1992/30 & Add.1/Corr.1.

Bacre Waly N?diaye: E/CN.4/1993/46; E/CN.4/1994/7; E/CN.4/1995/61; E/CN.4/1996/4; E/CN.4/1997/60 & Add.1; E/CN.4/1998/68 & Adds.1,2.

Asma Jahangir: E/CN.4/1999/39 & Add.1; E/CN.4/2000/3 & Add.1.

Reports on Internally Displaced:

Francis M. Deng: E/CN.4/1994/44/Add.1; E/CN.4/1995/50; E/CN.4/1997/43.

Reports of the Special Rapporteur on the Elimination of Religious Intolerance:

Angelo Vidal d?Almeida Ribeiro: E/CN.4/19993/62 & Corr.1.

Abdelfattah Amor: E/CN.4/1995/91 & Add.1; E/CN.4/2000/65.

Reports of the Working Group on Arbitrary Detention:

E/CN.4/1997/4/Add.1, Dec. No. 1/1996

Report of Special Rapporteur on Freedom of Opinion and Expression:

Abid Hussain: E/CN.4/1999/64.

Report of the Special Rapporteur on the Independence of Judges and Lawyers:

Param Cumaraswamy: E/CN.4/2000/61.

Report of the Special Representative of the Secretary-General for Children and Armed Conflict:

Olara Otunnu: E/CN.4/2000/71.

 

SUDAN

Statement:

The situation in Sudan is a civil war.

Background:

Since independence in 1956, there has been civil war between the North and South, except for ten years between 1972 and 1983. The most recent phase began when the government abolished the southern regional government and introduced Shari?ah (Islamic Law). Christian and animist rebels of the Sudanese People?s Liberation Army (SPLA) then began to fight for southern autonomy. The current National Islamic Front (NIF) government is headed by General Omar Hassan al Bashir. The SPLA is headed by Colonel John Garang.

The Government had captured much of the south after 1991 as a result of rebel infighting, but in October 1995, the rebels took back several towns and began a drive towards the southern capital of Juba. Since that time, they have made significant military advances, said in part to be a result of training and arms provided to the SPLA by the Eritrean, Ethiopian and Ugandan governments. The SPLA and some rebel forces joined and now operate under joint command called the National Democratic Alliance (NDA).

A peace agreement was signed April 21, 1997 between the NIF government and six rebel groups who had split form the SPLA in 1991. The SPLA and their allies in the NDA did not take part. Since that agreement, splinter rebel groups, joined under the name United Democratic Salvation Front (UDSF), have been fighting the SPLA on behalf of the government. Talks took place between the NIF government and the SPLA in November 1997, but the parties only agreed to continue talks in April 1998. Fighting between ethnic groups, the Dinka and the Nuer, is being blamed on UDSF tactics to cause dissension within the rebel-held south.

In January 1998, Dinka leader Major General Kerubino Kwanjien Bol withdrew from the NIF- backed coalition and rejoined the SPLA. A founder of the SPLA, he had joined with the NIF in 1996. His return to the SPLA bolstered SPLA support among other groups. In late January 1998, the SPLA took Wau, the second largest southern city, after earlier victories in other towns, giving it more territory than at any point in the past 14 years. In mid-February 1998 it was reported that Sudan's vice-president, General Al-Zubeir Mohammed Saleh and other senior officials were killed in an air crash at Nasr, 435 miles south of Khartoum near the Ethiopian border. Among the dead were also Arok Thon Arok, the last remaining well-known Dinka supporter of the government. While most of the fighting has taken place in the south, the conflict extends to the Nuba Mountains where estimates of casualties are difficult to obtain because the government restricts access to the area. One recent report indicates as many as 200,000 Nuba have died in the past 5 years as a result of the war. In early August 1998, the NIF government announced a unilateral cease-fire before talks with the SPLA.

The Sudanese government has been accused of extending the conflict across international borders including skirmishes in Eritrea (where the NDA has headquarters), the backing of Muslim rebel groups in Ethiopia, and the supplying of weapons to Ugandan rebels (see "Uganda"). Egypt blames Sudan for the June 1995 assassination attempt on President Mubarak in Ethiopia.

In January 1996, the UN Security Council imposed diplomatic sanctions against Sudan for its refusal to hand over three suspects in the incident. In November 1997, the United States government imposed its own sanctions against the NIF government and met with six SPLA/NDA leaders in Uganda. In September 1998 the United States bombed and destroyed a pharmaceutical plant near Khartoum, claiming the plant made chemical weapons used in the August bombing of US embassies in Kenya and Tanzania.

It has been widely reported that the government is abducting children from the South and Khartoum to give them military training and send them to fight in the South. The children are given Islamic names, and rape and floggings are common. The government has also been accused of using cluster bombs against civilian targets. Sudanese human rights groups report indiscriminate shootings and bombings of civilians, summary executions, rape, torture and food theft leading to starvation. Land mines have been placed on agricultural lands and water supplies have been poisoned.

There has been widespread famine and almost 2 million people have been killed. Some four million people have been displaced, and 350,000 have fled the country. During 1998 more than 60,000 died of famine-related diseases in the Bahr-el-Ghazal region. Over four million people were in need of humanitarian assistance. A three month bi-lateral cease-fire was declared in the Fall of 1998 to allow food deliveries to 2.6 million people in the south who the World Food Programme said faced starvation. The NIF government is accused of creating the famine by suspending humanitarian aid flights after the fall of Wau in January 1998. By the time flights were allowed to resume in April 1998, the crisis was out of control. Additionally, the government is accused of carrying out over 40 bombing raids of food centers between January and September 1998.

Current Situation:

In November 1999, Former US President Jimmy Carter brokered a peace treaty between Uganda and Sudan that re-established relations between the two countries. Uganda has promised to stop aiding the SPLA, which uses Uganda as base of operations. Also in November, al Bashir signed a peace agreement with Sadiq al Mahdi, whom he overthrew as Prime Minister in 1989. As part of the agreement, al Bashir relased all political prisoners in December. Mahdi is head of the Ummah political party and a member of the NDA. SPLA has condemned the accord.

The Southern factions that agreed to join the government in 1997 have all quit the government. Former rebel leader Riek Machar resigned and rejoined the SPLA in February 2000 after accusing al Bashir of violating the accord by making political appointments in the ten southern states under his control without his approval, failing to implement plans for a referendum on southern independence, and working to create strife between the southern factions. Field commanders of the SSDF have said that they will remain loyal to the government despite Machar?s resignation.

In January 2000, two CARE workers and eight Sudanese aid workers were killed , apparently by the Ugandan LRA (see "Uganda"). The government has accused the rebels, but Garang has denied responsibility. Four UN Operation Lifeline Sudan workers were released by pro-government militiamen in February after a week of negotiations. In February 2000, the Khartoum-based Sudanese Human Rights Group released a report liking foreign oil companies with human rights abuses of Sudanese Army. On February 3, 2000 four UN workers were captured by pro-government militia, then released on February 10. By late February, only the UN aid workers remained in southern Sudan. The Government continued to bomb civilian targets in the south, already suffering from severe drought-induced famine. In March, the SPLA carried out successful military operations against Sudanese forces in Kassala, and then agreed to a cease-fire in the famine area to allow needed goods. In May 2000, the government, the SPLA, and the UN signed a famine-aid agreement. A round of talks scheduled for May 17, 2000, was suspended by SPLA on the grounds that the Sudanese were carrying out bombing attacks in the south. At time of writing (June 2000) the SPLA have just overrun a government garrison in the Blue Nile province.

UN Action:

SC Res 1054 (4/26/96). SC Res 1070 (8/16/96).

SC Res 1044 (1/31/96).

GA Res 54/96J (12/17/99). GA Res 54/182 (12/17/99).

GA Res 53/1 O (12/17/98). GA Res 52/169F (12/16/97).

GA Res 51/112 (12/12/96). GA Res 52/140 (12/12/97).

GA Res 50/197 (12/22/95). GA Res 49/198 (12/23/94).

GA Res 48/200 (12/21/93). GA Res 48/147 (12/20/93).

GA Res 47/162 (12/18/92). GA Res 47/142 (12/18/92).

GA Res 47/107 (12/16/92). GA Res 46/178 (12/19/91).

GA Res 45/226 (12/21/90). GA Res 44/12 (10/24/89).

GA Res 43/52 (12/6/88). GA Res 43/8 (10/18/88).

Comm Res 2000/27. Comm Res 1999/15.

Comm Res 1998/67. Comm Res 1997/59.

Comm Res 1996/73. Comm Res 1995/77.

Comm Res 1994/79. Comm Res 1993/60.

Rpt S-G (A/46/452). Rpt S-G (E/CN.4/1993/35).

Report of the Special Rapporteur:

Gaspar Biro: E/CN.4/1994/48; E/CN.4/1995/58; E/CN.4/1996/62; E/CN.4/1997/58; E/CN.4/1998/66.

Leonardo Franco: E/CN.4/1999/38 & Add.1.

Report of the Working Group on Enforced or Involuntary Disappearances:

E/CN.4/1994/26; E/CN.4/1995/36; E/CN.4/1996/38; E/CN.4/1997/34; E/CN.4/1999/62; E/CN.4/2000/64.

Reports of the Working Group on Arbitrary Detention:

E/CN.4/1993/24; E/CN.4/1994/27; E/CN.4/1997/4/Add.1, Dec No.13/1996.

Reports of the Special Rapporteur on Torture:

P. Kooijmans: E/CN.4/1990/17; E/CN.4/1991/17; E/CN.4/1992/17; E/CN.4/1993/26.

Nigel S. Rodley: E/CN.4/1994/31; E/CN.4/1995/34; E/CN.4/1996/35 & Add.1; E/CN.4/1997/7 & Add.1; E/CN.4/1998/38 & Add.1; E/CN.4/1999/61; E/CN.4/2000/9.

Reports of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

S. Amos Wako: E/CN.4/1990/22; E/CN.4/1991/36; E/CN.4/1992/30.

Bacre Waly N?diaye: E/CN.4/1993/46; E/CN.4/1994/7; E/CN.4/1995/61; E/CN.4/1996/4; E/CN.4/1997/60 & Add.1.

Asma Jahangir: E/CN.4/1999/39 & Add. 1; E/CN.4/2000/3 & Add.1.

Reports on Internally Displaced

Francis M. Deng: E/CN.4/1993/35; E/CN.4/1995/50.

Reports of the Special Rapporteur on the Elimination of Religious Intolerance:

Angelo Vidal d?Almeida Ribeiro: E/CN.4/1992/52; E/CN.4/1993/62 & Add.1.

Abdelfattah Amor: E/CN.4/1994/79; E/CN.4/1995/91 & Add.1.

Report of Special Rapporteur on Freedom of Opinion and Expression:

Abid Hussain: E/CN.4/1999/64; E/CN.4/2000/63 & Add.1.

Report of the Special Rapporteur on the Independence of Judges and Lawyers:

Param Cumaraswamy: E/CN.4/2000/61.

Report of the Special Representative of the Secretary-General for Children and Armed Conflict:

Olara Otunnu: E/CN.4/2000/71.

 

TAJIKISTAN

Statement:

The situation in Tajikistan is a civil war.

Background:

In 1992, soon after Tajikistan became independent from the former Soviet Union, an uprising took place against R. Nabiyev, its first president and leader of the coalition made up of primarily Muslim groups from traditionally underrepresented areas of the country, led by the Popular Front of Tajikistan (PFT). Emomali Rakhmanov, backed by the PFT, became head-of-state in 1992. The PFT had the support of Russia, Uzbekistan and several Afghan factions. The Muslim groups, now outside the government, became the United Tajik Opposition (UTO) and created their own army. Both sides used mercenaries during the subsequent civil war. After the PFT won a military victory in 1993 over the UTO, over 300,000 Muslim Tajiks fled to Afghanistan and Turkmenistan, 700,000 were displaced, and more than 50,000 were killed.

Emomali Rakhmanov was elected president in November 1994. His government security forces have been accused of murdering and torturing civilians, including returning refugees. In addition to the remaining UTO forces, he faced numerous other armed opposition factions (the largest of which is the National Revival Movement, NRM) and controlled only portions of the country. The conflict involves clan and regional rivalries, with the PTF mainly the Kulyab clan. The UTO is primarily from Garm and the NRM from Khodzhent.

A protocol was signed by the United Nations and the government in January 1997 for the return of tens of thousands of refugees. However, in February 1997 UTO leader Bakhram Sadirov kidnapped 4 workers from the United Nations High Commission for Refugees (UNHCR), 4 other UN staff, 2 Russian journalists and the Tajikistan security minister in Dushanbe. Sadirov demanded that his brother and his forces be allowed to return from Afghanistan. After four UN observers were murdered in July 1998, the International Committee of the Red Cross temporarily suspended its activities in the country.

Mahmood Khodabardiyev, an Uzbek general, rebelled against the PTF government twice in 1997. Bilateral agreements signed by Tajikistan and Uzbekistan in January 1998 were expected to reduce tensions between the Uzbek minority in Tajikistan and the new government. The Uzbeks constitute about 24% of the population.

Current Situation:

The UTO signed a peace agreement with the PTF government in June 1997 that gives the UTO 30% of a new coalition government, legalizes opposition parties, provides for integration of UTO soldiers into the national armed forces, and calls for the return of the refugees. UTO leader Said Abdullo Nuri is currently head of the National Reconciliation Commission, an interim coalition government equally divided between the old government and the UTO.

In November 1998, Mahmood Khodabardiyev staged his third rebellion, demanding the freeing of political prisoners and a 40% share of power on the National Commission. His troops were made up of former supporters from Kurgen-Tyube, people from Leninabad, and possibly Afghan fighters under Uzbek General Abdul Rashid Dostrum. Defeated in three days, there were over 300 military killed and at least 200 civilians wounded. The Tajik government has accused Uzbekistan of training the rebel Uzbeks and providing refuge upon their defeat.

The UTO disbanded its forces in August 1999, and a nation-wide disarmament campaign took place; however, only small numbers of weapons were turned over, and few UTO fighters have been integrated into the government forces. Violence and crime continue to be serious problems and several bombings took place in Dashanbe during 1999.

President Rakhmanov was reelected in November 1999; however, two opposition candidates were prevented from participating. The Islamic Renewal Party decided not to boycott the elections at the last minute after assurances from Rakhmanov that the upcoming parliamentary elections would be fairly held and he promised to release 100 Islamic militants. There was an attempt to assassinate Vice-Prime Minister Khodja Akbar Turadjonzoda in February 2000, two weeks before parliamentary elections were due to be held.

Most refugees living in Afghanistan have been repatriated. Over 50,000 people have died as a result of the conflict.

UN Action:

UNMOT/CIS (12/94-present).

SC Res 1274 (10/22/99). SC Res 1240 (5/15/99).

SC Res 1206 (11/12/98). SC Res 1167 (5/14/98).

SC Res 1138 (11/14/97). SC Res 1128 (9/12/97).

SC Res 1113 (6/12/97). SC Res 1099 (3/14/97).

SC Res 1089 (12/13/96). SC Res 1061 (6/14/96).

SC Res 1030 (12/14/95). SC Res 999 (6/16/95).

SC Res 968 (12/16/94).

GA Res 54/96A (12/8/99).

GA Res 53/1 K (12/7/98). GA Res 52/169I (12/16/97).

GA Res 46/228 (3/2/92).

Rpt S-G (S/2000/214). Rpt S-G (S/2000/387).

Rpt S-G (S/1999/514). Rpt S-G (S/1999/124).

Rpt S-G (S/1998/1029). Interim Rpt S-G (S/1998/754 & Add.1).

Rpt S-G (S/1998/374). Prog Rpt S-G (S/1998/113).

Rpt S-G (S/1997/859). Rpt S-G (S/1997/686 & Add.1).

Rpt S-G (S/1997/415). Rpt S-G (S/1997/198).

Rpt S-G (S/997/56). Rpt S-G (S/1995/105).

Rpt S-G (S/1994/1363). Rpt S-G (S/1994/1102).

Rpt S-G (S/1994/893). Rpt S-G (S/1994/716).

Rpt S-G (S/1994/542). Rpt S-G (S/1994/379).

Rpt S-G (S/26743). Rpt S-G (S/26311).

Report of the Working Group on Enforced or Involuntary Disappearances:

E/CN.4/1994/26; E/CN.4/1995/36; E/CN.4/1996/38; E/CN.4/1997/34; E/CN.4/1998/43; E/CN.4/1999/62.

Report of the Working Group on Arbitrary Detention:

E/CN.4/1995/31 & Add.2.

Report of the Special Rapporteur on Torture:

Nigel S. Rodley: E/CN.4/1994/31.

Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

Bacre Waly N?diaye: E/CN.4/1994/7; E/CN.4/1995/61; E/CN.4/1996/4; E/CN.4/1997/60 & Add.1; E/CN.4/1998/68 & Add.1.

Asma Jahangir: E/CN.4/1999/39 & Add.1; E/CN.4/2000/3 & Add.1.

Report on Internally Displaced:

Francis M. Deng: E/CN.4/1993/35; E/CN.4/1997/43.

Report of the Special Rapporteur on the Question of the Use of Mercenaries:

Enrique Bernales Ballesteros: E/CN.4/1994/23.

Report of Special Rapporteur on the Elimination of Religious Intolerance:

Abdelfattah Amor: E/CN.4/2000/65.

 

TIBET

Statement:

The situation in Tibet is a struggle for self-determination.

Background:

The People?s Republic of China (PRC) invaded Tibet in 1949 and has remained the occupying power ever since. It has divided the country so that one part is in an "autonomous" region (the Tibet Autonomous Region or TAR) and the rest has been added to historically Chinese provinces. The PRC has imposed its own political and economic system on Tibet, and has suppressed resistance militarily. The PRC has exploited and exported Tibet?s natural resources, has restricted the practice of the Buddhist religion and has executed population transfers on a massive scale. A majority of the country?s 6000 monasteries have been destroyed. Tibetans have been arbitrarily detained, tortured and/or executed for even non-violent protest against occupation. More than 1 million people have died and more than 200,000 are refugees in India. Suppression of the Tibetan people and their culture has reached genocidal proportions.

Current Situation:

Tibetan culture is severely threatened by the continuing settlement of ethnic Chinese, the razing of historic Tibetan-style buildings, and the inability of Tibetans to learn their language and practice their customs. Ethnic Chinese now make up 60% of the population. Authorities have been conducting searches in public buildings and private dwellings for banned photographs of the Dalai Lama, who heads a government-in-exile in India.

Reports of forced sterilization and forced abortion (including mass forced abortion and late-term abortions) continue, further reducing the actual numbers and the percentage of ethnic Tibetans in their own lands. China?s birth control policy has been in place in urban Tibet since 1985, but recently it began to be more strictly applied in rural and "ethnic" areas. Rape, torture, and other serious mistreatment of Tibetan political prisoners continue unabated. Reports indicate the use of electric shock, aerial suspension, attacks by dogs, and sexual assault. Nuns, who make up nearly one third of the over 1600 known political prisoners, have been raped using electric cattle prods.

The United States named a special coordinator to Tibet in November 1997. Although the US does not recognize Tibet?s independence, one responsibility of the new post is to promote talks between the Chinese government and the Dalai Lama regarding the suppression of Tibetan cultural and religious traditions. In September 1999, the US State Department said that the numbers of monks and nuns imprisoned and tortured for political activism had increased during the previous year.

A delegation of EU representatives who visited the TAR in May 1998 found that the PRC authorities had made a priority of attacking political expressions of Tibetan nationalism ostensibly perceived in Tibet?s cultural and religious institutions. The delegation was not allowed to visit with Gedhun Choekyyi Nyima, the nine-year-old boy selected by the Dalai Lama to be the reincarnation of the Panchan Lama and currently the world?s youngest political prisoner. The PRC informed the delegation that the boy was "doing well." Lama Karmapa Rimpoche fled to India in January 2000.

Tibetans living outside the TAR, many of them in Eastern Tibet, have also been imprisoned and tortured for advocating Tibetan independence. In August 1999, two foreigners and a local translator were detained in Qinghai province while investigating the environmental and cultural effects of a World Bank program that would involve the resettlement of 60,000 peasants onto traditionally Tibetan lands. At the Communist Party Central Committee meeting in January 2000, China began planning for "massive new development" in Tibet.

UN Action:

GA Res 36/55 (11/25/81). GA Res 2079 (1965).

GA Res 1723 (1961). GA Res 1514 (1960).

GA Res 1353 (1959).

Comm Dec 1994/108.

Sub-Comm Dec 1993/107. Sub-Comm Res 1991/10.

Rpt S-G (E/CN.4/1992/37).

(Reports address China but not necessarily Tibet.)

Reports of the Working Group on Enforced or Involuntary Disappearances:

E/CN.4/1989/18; E/CN.4/1990/13; E/CN.4/1991/20; E/CN.4/1992/18; E/CN.4/1993/25; E/CN.4/1994/26; E/CN.4/1995/36; E/CN.4/1996/38; E/CN.4/1997/34; E/CN.4/1999/62; E/CN.4/2000/64.

Report of the Working Group on Arbitrary Detention:

E/CN.4/1995/31/Add.1; E/CN.4/1997/4/Add.1; Dec No. 46/1995 & 19/1996; E/CN.4/1998/44/Add.2; E/CN.4/1999/63; E/CN.4/2000/4 & Add.1.

Reports of the Special Rapporteur on Torture:

P. Kooijmans: E/CN.4/1989/15; E/CN.4/1990/17; E/CN.4/1991/17; E/CN.4/1992/17; E/CN.4/1993/26.

Nigel S. Rodley: E/CN.4/1994/31; E/CN.4/1995/34; E/CN.4/1996/35 & Add.1; E/CN.4/1997/7 & Add.1; E/CN.4/1998/38 & Add.1; E/CN.4/1999/61; E/CN.4/2000/9.

Reports of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

S.Amos Wako: E/CN.4/1990/22; E/CN.4/1991/36; E/CN.4/1992/30.

Bacre Waly N?diaye: E/CN.4/1993/46; E/CN.4/1994/7; E/CN.4/1995/61; E/CN.4/1997/60 & Add.1.

Asma Jahangir: E/CN.4/1999/39 & Add.1; E/CN.4/2000/3 & Add.1.

Reports of the Special Rapporteur on the Elimination of Religious Intolerance:

Angelo Vidal d?Almeida Ribeiro: E/CN.4/1990/46; E/CN.4/1991/56; E/CN.4/1991/56; E/CN.4/1992/52; E/CN.4/1993/62 & Corr.1.

Abdelfattah Amor: E/CN.4/1994/79; E/CN.4/1995/91 & Add.1; E/CN.4/1997/91; E/CN.4/2000/65.

Report of Special Rapporteur on Freedom of Opinion and Expression:

Abid Hussain: E/CN.4/1999/64; E/CN.4/2000/63.

Report of the Special Rapporteur on the Independence of Judges and Lawyers:

Param Cumaraswamy: E/CN.4/2000/61.

Report of Special Rapporteur on Violence against Women:

Radhika Coomaraswamy: E/CN.4/2000/68/Add.4.

 

TURKEY

Statement:

The situation in Turkey is a civil war with the Kurdish people with implications invoking the right to self-determination. Hostilities have ceased, but there is no formal peace agreement to date.

Background:

Turkey has 12 million Kurds who have fought for 70 years against economic underdevelopment in their region and denial of their cultural identity. In 1984, the Kurdish Workers? Party (PKK) formed under the leadership of Abdullah Ocalan. PKK demands include: a general amnesty, the disarming of the village guards, the return and compensation of deported villagers, the legalization of Kurdish political parties and recognition Kurdish identity. Over 23,000 Kurds have died during the past 12 years. The war has cost billions of dollars a year, bankrupting the government and ruining the Turkish economy.

Because of pro-PKK political activities, in December 1994 six Kurdish former-MP?s were jailed up to fifteen years under clause eight of Turkey?s anti-terrorism act. This act makes it a crime to spread "propaganda supporting activities of terrorist organisations which threaten the indivisible unity of the Turkish state." "Propaganda" has been interpreted to mean any discussion of Kurdish rights. It was illegal to broadcast in the Kurdish language or to learn the language in school. In December 1996, the state prosecutor asked for 7 1/2-year sentences for three Kurdish ex-parliamentary deputies accused of helping the PKK by organizing hunger strikes against military operations, releasing pro-PKK press statements, and wearing badges with the colors of the PKK flag.

In March 1995, the government sent 35,000 troops into northern Iraq in order to destroy PKK bases, killing approximately 500 rebels in Iraq and 300 in eastern Turkey. Turkey has made many military forays into Iraq since this incident, and had supported the Kurdistan Democratic Party (KDP headed by Barzani) in its rivalry with the Patriotic Union of Kurdistan (PUK headed by Talabani) in Iraq in exchange for help against the PKK bases (see "Iraq").

South-eastern Turkey has been under emergency rule since 1987, giving security forces broad authority in dealing with the PKK as well as civilians. Anti-guerrilla "special teams" are known and hated for their policy of leveling villages with tank and helicopter raids to deny them to the PKK. In 1996, the European Court of Human Rights found against Turkey for forced evictions and destruction of villages in the war zone. (Case 00/1995/605/693, Akdivar v. Turkey, Eur.Ct.H.R. Judgment of 15 Sept. 1996.)

Current Situation:

In January 1998, essayist Haluk Gerger began a 10 month sentence for writing an article in which he praised the PKK and accused the government of bombing Kurdish villages. Soon after the article was published, the paper, Ozgur Dundem, was closed as a "guerrilla organ." Scores of intellectuals have been imprisoned for voicing opposition to the war. In January 1998, Italy granted political asylum to approximately 2000 Kurds from Turkey.

In February 1998, the Turkish military grabbed Semdin Sakik, a former PKK leader who split from Ocalan. He is said to have implicated many people as paid agents of the PKK, including opposition MPs, human rights leaders, journalists and the "Saturday Mothers," women who protest the disappearances of their relatives. Two members of the Democratic Party (HADEP) were subsequently killed and 11 "Saturday Mothers" arrested.

In April 1998, 40,000 Turkish troops began a major offensive against the PKK, including incursions into Iraq with the help of the KDP. In November 1998, the Arab League demanded the withdrawal of 25,000 Turkish troops from Iraq.

In September 1998 the PKK announced a unilateral cease-fire. The PUK and the KDP signed an agreement providing for cooperation in preventing the PKK from using northern Iraq as a base. In October 1998, Turkey threatened Syria with military action unless Syria forced the departure of Ocala. Ocalan left Syria and ended up in Italy where the Italian authorities detained him. Italy refused an extradition request from Turkey, and in January 1999 Ocalan was freed and left Italy. On February 16, 1999, Ocalan was captured in Kenya by Turkish security agents and flown to Turkey. Kurdish people throughout the world began protest marches. On February 17, 1999, three Kurdish demonstrators were killed by Israeli security guards in Berlin.

The trial and general condition of Ocalan generated international attention throughout the Spring of 1999. From his jail on a remote island, Ocalan issued a peace plan for the Turkey-Kurdish conflict in which he sought to resolve differences through peaceful means. During the initial trial, the European Court of Human Rights expressed concerns regarding the lack of access to lawyers and other issues. Because of the situation of his detention, many Kurdish leaders initially expressed the view that Ocalan?s prison statement was coerced. Ocalan was sentenced to death, subsequently upheld by Turkish appeals courts. An appeal has been lodged and is now pending before the European Court of Human Rights. On February 9, 2000, apparently convinced that Ocalan?s prison statement reflected his genuine views, the remaining PKK leadership issued a call to resolve the Kurdish question in Turkey "within the framework of peace and democratization," but whose success was "inseparable" from the fate of Ocalan.

At time of writing, (June 2000) there is some indication that civilians have been allowed to return to some villages, although there are reported difficulties on the Turkish-Iraq border. Skirmishes between remaining PKK and Turkish forces were reported into early 2000.

In the past few years of this war, 19 reporters covering the war and 105 officials of a legal Kurdish party disappeared, many shortly after questioning by the police or army. 2500 Kurdish villages have been destroyed by the security forces, and an estimated 2 million villagers are displaced. In 1994 alone, there were credible reports of 600 disappearances and 1000 cases of torture. An estimated 35,000 civilians have died in the fighting.

UN Action:

Sub-Comm Doc E/CN.4/Sub.2/1997/L.2. Sub-Comm Doc E/CN.4/Sub.2/1996/L.12.

Sub-Comm Dec 1995/108. Sub-Comm Doc E/CN.4/Sub.2/1995/L.9

Reports of the Working Group on Enforced or Involuntary Disappearances:

E/CN.4/1991/20; E/CN.4/1992/18; E/CN.4/1993/25; E/CN.4/1994/26; E/CN.4/1995/36; E/CN.4/1996/38; E/CN.4/1997/34; E/CN.4/1998/43; E/CN.4/1999/62 & Add.2; E/CN.4/2000/64.

Reports of the Working Group on Arbitrary Detention:

E/CN.4/1994/27; E/CN.4/1995/31; E/CN.4/1996/40/Add.1; E/CN.4/1997/4/Add.1; Dec No. 40/1995, 12/1996, 27/1996, 28/1996; E/CN.4/1999/63 & Add.1.

Reports of the Special Rapporteur on Torture:

P. Kooijmans: E/CN.4/1990/17; E/CN.4/1991/17; E/CN.4/1992/17; E/CN.4/1993/26

Nigel S. Rodley: E/CN.4/1994/31; E/CN.4/1995/34; E/CN.4/1996/35 & Add.1; E/CN.4/1997/7 & Add.1; E/CN.4/1998/38 & Add.1; E/CN.4/1999/61 & Add.1; E/CN.4/2000/9.

Reports of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

S. Amos Wako: E/CN.4/1990/22; E/CN.4/1991/36; E/CN.4/1992/30.

Bacre Waly N?diaye: E/CN.4/1993/46; E/CN.4/1994/7; E/CN.4/1995/61; E/CN.4/1996/4/ E/CN.4/1997/60 & Add.1; E/CN.4/1998/68 & Add.1.

Asma Jahangir: E/CN.4/1999/39 & Add.1; E/CN.4/2000/3 & Add.1.

Reports of the Special Rapporteur on the Elimination of Religious Intolerance:

Angelo Vidal d?Almeida Ribeiro: E/CN.4/1990/13; E/CN.4/1992/18.

Abdelfattah Amor: E/CN.4/1994/26; E/CN.4/1995/91/ E/CN.4/1997/91.

Report of the Special Rapporteur on Contemporary forms of Racism:

Glélé-Ahanhanzo: E/CN.4/1999/15.

Report of Special Rapporteur on Freedom of Opinion and Expression:

Abid Hussain: E/CN.4/1999/64; E/CN.4/2000/63.

Note by Secretariat on Violations of Rights of Human Rights Defenders:

E/CN.4/Sub.2/1999/4 & Add.1.

Report of the Special Rapporteur on the Independence of Judges and Lawyers:

Param Cumaraswamy: E/CN.4/2000/61.

Report of Special Rapporteur on Violence against Women:

Radhika Coomaraswamy: E/CN.4/2000/68/Add.4.

 

UGANDA

Statement:

The situation in Uganda involves at least two civil wars and military actions against Rwanda carried out in the Democratic Republic of the Congo.

Background:

There are three or four rebel groups fighting in the country.

The Ugandan government has been fighting the Lord?s Resistance Army (LRA) since the current president, Yoweri Museveni, took power in 1986. Originally led by Alice Auma Lakawena, a spirit medium, Joseph Kony took over the LRA in 1987 after Lakawena fled to Kenya. Part of a movement of northern Acholi people against the military take-over of Museveni, a southerner, in recent years the Acholi have been victims of the group as well. Due to lack of new recruits, the LRA uses abducted children as combatants. Based on the border with Sudan, its aim is to replace the current government with one based on the biblical Ten Commandments. The LRA engages in military action against the SPLA in Sudan due to its belief that the SPLA receives support from the Ugandan government.

The West Nile Bank Front (WNBF), headed by Juma Oris, a minister under former dictator Idi Amin, was based in the northwest. The WNBF is mostly Kakwa and was estimated to have nearly 5,000 troops. It began fighting in May 1995 with the aim of returning Amin, exiled in Saudi Arabia, to power.

The Allied Democratic Front (ADF), based on Uganda?s border with the Democratic Republic of the Congo, has been fighting government forces since November 1996.

In November 1996, senior officials in the opposition Democratic Party (DP) formed the Federal Democratic Army (FDA) to fight for the establishment of federalism. They have attacked a police station, killing one policeman. The National Army for the Liberation of Uganda (NALU), the National Democratic Alliance, and the Ninth October Movement in the east are smaller groups who also have been fighting the government, but the authors are not convinced these groups meet the objective requirements for civil war status.

In May 1996, approximately 2000 WNBF soldiers invaded Uganda from Sudan, but were beaten back by the Uganda People?s Defense Forces (UPDF). Then, in September, 800 WNBF rebels suspected to have been trained by the Sudanese military again invaded from Sudan. The rebels attacked a refugee camp where Southern Sudanese have been living. Throughout that year, camps in Uganda were attacked by both the WNBF and the LRA and hundreds of Sudanese refugees were killed. In early January 1997, fierce fighting was reported between government soldiers and the LRA. The LRA and the WNBF are accused by human rights groups of killing hundreds of civilians, engaging in atrocities (including amputation of captives limbs and rape) and of abducting school children. In January 1997, the UN began a relief effort for an over 40,000 displaced people in the north of the country in the wake of the violence.

The LRA and the WNBF together controlled the northern third of the country at the beginning of 1997 and had formed an alliance against the government. Uganda accused Sudan of supporting the rebels, and Sudan in turn accused Uganda of assisting the Sudanese People?s Liberation Army (SPLA) (see "Sudan"). The two countries broke off diplomatic relations in 1995. In October 1997, president Museveni offered amnesty to the LRA, including to Kony and other leaders. Kony has been in exile in Sudan, and the LRA has reportedly disbanded and are now accused of being responsible for killing Sudanese aid workers in southern Sudan in February 2000 (see "Sudan"). UNICEF estimates the LRA has abducted up to 10,000 children. The WNBF has reportedly disbanded. In June 1998, the ADF attacked the Kichwamba National Institute, burned close to 100 students and abducted another 100.

Current Situation:

The Uganda People?s Defense Forces (UPDF) is fighting in the Democratic Republic of the Congo with the aim of preventing the ADF from crossing into Uganda to attack civilians (see "Democratic Republic of the Congo"). Kenya also accuses the UPDF of entering Kenya.

In August 1999, the ADF carried out a number of raids, and over 600 people were displaced. In September 1999, the ADF attacked the UPDF base in Budibugyo, but the UPDF counterattacked at overran 17 ADF hideouts. In October 1999, the ADF killed 80 students at Kichwamba. Rwandan authorities vehemently denied accusations by Uganda that Rwanda was helping the ADF. In November 1999, the UPDF deployed 6000 soldiers against the ADF in the Ruwenzori Mountains in a move thought to have dealt a serious blow to the ADF. However, in December the ADF abducted 365 inmates in the Ruwenzori area and then massacred 90 of them. The ADF is also accused of abducting as many as 360 children since 1996.

Eight tourists were killed in the Bwindi National Park in February 1999 by NALU and the Rwandan Interahamwe (see "Rwanda").

In December 1999, Sudan and Uganda agreed to re-establish diplomatic relations and to stop providing support to each other?s rebel groups. Since then, the ADF has increased its attacks in Western Uganda. In January 2000, around 28 people died after ADF rebels shot people and burned huts at a displaced persons camp. Uganda has passed a bill under which rebels have six months to stop fighting in exchange for amnesty from prosecution. In February 2000, Uganda began negotiations with Sudan for the extradition of LRA leader Joseph Kony.

There have been 20 terrorist-related incidents in Uganda since 1997, with 50 people killed and over 200 injured. Both the ADF and the LRA are suspected to have been involved. The NALU has claimed responsibility for several of the attacks.

There are around 100,000 Sudanese refugees in Uganda. The LRA attacked the Choli Pii and Koboko refugee camps several times in 1998, hacking to death some of the refugees. There are at least 300,000 Ugandans displaced by fighting. Food convoys headed for Sudan have been attacked in Uganda. In April 1999, several humanitarian agencies, including the World Food Program, were forced to leave Western Uganda due to security concerns.

The UPDF in the Democratic Republic of the Congo carried out sporadic actions against the Rwanda forces also in the Congo throughout 1999. In June 2000, a major battle between Uganda and Rwanda in Kisangani (DRC) caused severe damage to that Congolese city before a UN-brokered peace was established (see "Democratic Republic of the Congo").

UN Action:

UNOMUR (6/93-9/94).

GA Res 49/24. GA Res 49/20.

Comm Res 2000/60. Comm Res 1999/43.

Rpt S-G (E/CN.4/2000/69). Rpt S-G (E/CN.4/2000/6/Add.1).

Rpt S-G (E/CN.4/1999/69). 3rd Prog Rpt S-G (S/1995/1073).

Report of the Special Rapporteur on Torture:

Nigel S. Rodley: E/CN.4/1999/61; E/CN.4/2000/9.

Report of the Working Group on Enforced or Involuntary Disappearances:

E/CN.4/1995/36; E/CN.4/1996/38; E/CN.4/1997/34; E/CN.4/1998/43.

Report of Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

Asma Jahangir: E/CN.4/2000/3 & Add.1.

Report of Special Rapporteur on the Elimination of Religious Intolerance:

Abdelfattah Amor: E/CN.4/2000/65.

Report of Special Rapporteur on Violence against Women:

Radhika Coomaraswamy: E/CN.4/2000/68/Add.4.

 

WESTERN SAHARA

Statement:

The situation in Western Sahara is a war of national liberation in exercise of the right to self-determination.

Background:

Western Sahara was administered by Spain until 1976. Since the withdrawal of Spain, and in spite of a ruling by the International Court of Justice, Mauritania (until 1979) and Morocco have attempted to annex Western Sahara by force. The Saharan people (Sahrawis) have defended themselves with their armed forces, the Frente Popular para la Liberación de Saguia el-Hamra y de Rio de Oro (POLISARIO Front). Their war against Morocco has continued unabated since about 1979, with Morocco receiving much military aid from the United States. In the course of the hostilities, there have been thousands of Sahrawi refugees sheltered in Algeria. The Moroccan forces are distinguished by their brutality and nearly total disregard for international humanitarian law standards.

In its 1975 decision, the International Court of Justice affirmed the right to self-determination of the Saharan people. The UN General Assembly has continually condemned the occupation of Sahara by Morocco. The Organization of African States attempted to mediate the dispute, but talks collapsed after the OAU recognized the Sahrawi Arab Democratic Republic (SADR). A settlement plan was reached in 1990, which mandated a cease-fire followed by a transitional period during which the UN would help prepare for a referendum on independence or integration into Morocco.

Problems in registering qualified voters have caused repeated delays in referendum preparations. Morocco wanted the vote to be extended to all people who live in the area, while POLISARIO maintained that only those registered before Spain left should be given the right. The Sahrawis are currently a minority in their own country because of the large number of Moroccan settlers that the government has encouraged to move into Western Sahara, and because many of the refugees are still in camps in Algeria. Settlers receive government bonuses, assistance in finding housing, and subsidized commodities.

Morocco has carried out a campaign to encourage Sahrawis to support its regime, with promises of $300/year state salaries and low-cost or free housing, but this policy has not drawn substantial Sahrawi immigration into Morocco. In Morocco?s November 14, 1997 parliamentary elections, 17 seats were designated for the Sahrawi people.

Current Situation:

Due to disagreements between Morocco and the POLISARIO Front over the identification and registration of voters, the referendum has been postponed yet again and is now scheduled for 2002. An accord was reached on voter registration in September 1997 under which tribal chiefs are to help the UN identify native residents. Close to 100,000 people are now approved to vote. The UN is limiting registration to those who were part of the population census of 1974 or their relatives, but the inclusion of certain individuals from Moroccan-based tribes might allow whole Moroccan tribes to vote. Over 80,000 people are appealing their registration rejections.

The 1991 cease-fire has been holding, but MINURSO has observed some violations as well as military preparations assumed to be in preparation for when the peacekeepers depart. UN and MINURSO personnel indicate that Morocco uses harassment and obstruction to prevent the referendum, and since the cease-fire, Morocco has sent tens of thousands of settlers. Some observers doubt Morocco will ever willingly leave. Moroccan Prime Minister Abderrahmane Youssoufi has stated that, "whether the referendum takes place or not, [Western Sahara] will remain an integral part of Morocco." Early in 1998, the Moroccan interior minister sent all Moroccan governors a letter with suggestions on how a Moroccan can "become Sahrawi" in order to register to vote in the referendum. The UNHCR expects about 120,000 refugees to return to vote, and as they will pass through unmarked minefields, in January 1998, the Security Council appointed engineers to clear the anti-personnel mines in Western Sahara. Also unresolved is the fate of prisoners of war, including about 2000 Moroccans held by POLISARIO, some for as long as twenty years. POLISARIO released 191 prisoners in November 1999. Many Sahrawi who have opposed the government of Morocco?s policies are in Moroccan-controlled prisons or have disappeared. Torture of these prisoners is widely alleged. Thousands of Sahrawis live in refugee camps along the border with Algeria.

In March 2000, the Security Council postponed a "special session" (closed door), and it is thought that the session might take place after the latest round of diplomacy at the hands of UN Special Envoy James Baker. May 2000 talks in London with POLISARIO and Morocco were also attended by Mauritania and Algeria, but failed to resolve the issues. Secretary-General Kofi Annan met with the Moroccan king in mid-June, and now a second round of talks between the parties is planned for the end of June 2000.

UN Action:

The Western Sahara Case, 1975 Int?l Court of Justice Reports 12.

MINURSO (UN Mission for the Referendum in Western Sahara (9/91-present)).

SC Res 1292 (2/29/2000).

SC Res 1301 (5/31/2000). SC Res 1282 (12/14/99).

SC Res 1263 (9/13/99). SC Res 1238 (5/14/99).

SC Res 1235 (4/30/99). SC Res 1232 (3/30/99).

SC Res 1228 (2/11/99). SC Res 1224 (1/28/99).

SC Res 1215 (12/17/98). SC Res 1204 (10/30/98).

SC Res 1198 (9/18/98). SC Res 1185 (7/20/98).

SC Res 1163 (4/17/98). SC Res 1148 (1/26/98).

SC Res 1133 (10/20/97). SC Res 1131 (9/29/97).

SC Res 1108 (5/22/97). SC Res 1084 (11/27/96).

SC Res 1056 (5/29/96). SC Res 1042 (1/31/96).

SC Res 1033 (12/19/95). SC Res 1017 (9/22/95).

SC Res 1002 (6/30/95). SC Res 995 (5/26/95).

SC Res 973 (1/13/93). SC Res 907 (3/29/94).

SC Res 809 (3/2/93). SC Res 725 (12/31/91).

SC Res 690 (4/29/91). SC Res 658 (6/27/90).

SC Res 621 (9/20/88).

GA Res 54/87 (12/6/99).

GA Res 53/64 (12/3/98). GA Res 52/75 (12/10/97).

GA Res 51/143 (12/13/96). GA Res 51/2 (10/17/96).

GA Res 50/36 (12/6/95). GA Res 49/44 (12/9/94).

GA Res 48/49 (12/10/93). GA Res 47/25 (11/25/92).

GA Res 46/67 (12/11/91). GA Res 45/21 (11/20/90).

GA Res 40/50 (12/2/85).

Comm Res 2000/2.

Comm Res 1999/4. Comm Res 1998/5.

Comm Res 1997/5. Comm Res 1996/6.

Comm Res 1995/7. Comm Res 1994/6.

Comm Res 1993/17. Comm Res 1992/18.

Comm Res 1991/5. Comm Res 1990/4.

Rpt S-G (S/2000/131). Rpt S-G (S/2000/461).

Rpt S-G (S/1999/1219). Rpt S-G (S /1999/721).

Rpt S-G (S/1999/307). Rpt S-G (S/1999/61).

Rpt S-G (S/1998/997). Rpt S-G (S/1998/849).

Prog Rpt S-G (S/1998/775). Rpt S-G (S/1998/634).

Prog Rpt S-G (S/1998/534). Rpt S-G (S/1998/404).

Rpt S-G (S/1998/316). Rpt S-G (S/1998/35).

Rpt S-G (S/1997/882 & Add.1). Rpt S-G (S/1997/742 & Add.1).

Rpt S-G (S/1997/358). Rpt S-G (S/1997/166).

Prog Rpt S-G (S/1994/1420 & Add.1). Rpt S-G (A/48/426).

Rpt S-G (S/25818). Rpt S-G (S/24464).

Rpt S-G (S/23299). Rpt S-G (S/21360).

Rpt S-G (S/22464 & Corr.1). Rpt S-G (A/46/589).

Rpt S-G (A/45/644 & Corr.1).

(Reports address Morocco but not necessarily Western Sahara.)

Reports of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples:

A/45/23 & Corr.1; A/46/23, A/48/23 (Part V), A/49/23 (Part V).

Reports of the Working Group on Enforced or Involuntary Disappearances:

E/CN.4/1990/13; E/CN.4/1992/18; E/CN.4/1993/25; E/CN.4/1994/26; E/CN.4/1995/36; E/CN.4/1996/38; E/CN.4/1997/34; E/CN.4/1998/43; E/CN.4/1999/62; E/CN.4/2000/64.

Reports of the Working Group on Arbitrary Detention:

E/CN.4/1993/24; E/CN.4/1994/27; E/CN.4/1995/31 & Add.1; E/CN.4/1996/40/Add.1; E/CN.4/1997/Add.1; Dec No 4/1996.

Reports of the Special Rapporteur on Torture:

P. Kooijmans: E/CN.4/1990/17; E/CN.4/1991/17; E/CN.4/1992/17; E/CN.4/1993/32.

Nigel S. Rodley: E/CN.4/1994/31; E/CN.4/1996/35 & Add.1; E/CN.4/1999/61; E/CN.4/2000/9.

Reports of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Execution:

S. Amos Wako: E/CN.4/1991/36; E/CN.4/1992/30.

Bacre Waly N?diaye: E/CN.4/1993/46; E/CN.4/1994/7; E/CN.4/1995/61; E/CN.4/1996/4.

Asma Jahangir: E/CN.4/1999/39 & Add. 1.

Reports of the Special Rapporteur on the Elimination of Religious Intolerance:

Angelo Vidal d?Almeida Ribeiro: E/CN.4/1992/52.

Abdelfattah Amor: E/CN.4/1995/91 & Add.1.

 

COUNTRIES WITH NASCENT INTERNATIONAL ARMED CONFLICTS

AFGHANISTAN/IRAN

In August 1998, the Taliban attacked Mazar-I-Sharif, killing eight Iranian diplomats and a reporter and killing thousands of Shi?ite villagers. Iran sent 200,000 troops to border where they remain. The Taliban returned the bodies and released 51 Iranians accused of supplying arms to Taliban?s opponents. After more than a year, in November 1999, Iran agreed to reopen their mutual border and allowed trade to resume.

INDIA/PAKISTAN

Conflict primarily involves Kashmir question, lingering from 1947 withdrawal of British colonial power from the area. UN-mandated plebiscite on disposition of Kashmir by the Kashmiri people as yet not implemented (see "Kashmir"). UNMOGIP set up to monitor Line of Control between Indian-occupied Kashmir and "Azad" Kashmir. Both Pakistan and India detonated nuclear weapons in Spring 1998, bringing the region yet again to the brink of war. Sporadic fighting continued throughout 1998 at the cease-fire line maintained by UNMOGIP. Prime ministers Atal Bihari Vajpayee (India) and Nawaz Sharif (Pakistan) met at July 1998 regional meeting in Colombo. In August 1998, 34 villagers were killed in Hamadad Pradesh on the Indian side of the cease-fire line. On September 19, 1998 there was more firing over the line and 9 were killed and 11 wounded in Kel and Kargil near Muzaffarabad on the Pakistani side.

Further deterioration of situation in May-July 1999 followed military operations at the Line of Control (Kargil). India accused Pakistan of sending in its own miliary disguised as Kashmiri forces, a charge Pakistan denied. US President Clinton urged Pakistan to take steps to restore the Line of Control. Military action ceased in August at Kargil, but flared up again at Faulad in November after Pakistan?s Prime Minister Sharif was ousted in military coup October 12, 1999 in which General Pervez Musharraf seized power. Sharif?s "capitulation" regarding Kashmir said to be factor. In February 2000, Clinton offered to mediate, and in March 2000 announced he would visit both India and Pakistan at end of March 2000.

NIGERIA/CAMEROON

Since 1991, fighting over the oil-rich Bakassi border area. Mutual accusations of armed attacks on settlements by troops stationed in area. February 1996 cease-fire agreement after three weeks of heavy fighting, but broken many times. 221 prisoners of war exchanged November 1998. Dispute currently before International Court of Justice, with Equatorial Guinea intervening. Cameroon said to have oil-prospecting contract since September 1998 with Canadian firm in violation of 1994 ICJ interim order prohibiting new activity in area. Close to 100 people killed in the fighting since 1994. Nigerian troops in the region have been complaining of inhumane living conditions including a lack of potable drinking water.

PERU/ECUADOR

Fighting January to March 1995 over long-disputed border strip. Peace accord created demilitarized zone, but periodic clashes continue. New treaty signed October 1998, setting boundary and including measures on security, trade and navigation. Peru ceded one square kilometer to Ecuador but maintains sovereignty. Adjoining ecological park to be created by both. November 1999 agreement providing for inter-oceanic corridor to encourage trade resolves last outstanding issue.

YEMEN/ERITREA

Dispute over ownership of islands in Red Sea led to Eritrea seizing Greater Hanish in December 1995 after three-day battle. Lesser Hanish occupied by Eritrea for a short time in August 1996. Arbitration accord signed in October 1996 resulted in suspended military action. Eritrea withdrew from Greater Hanish in November 1998 after arbitration proceeding. Final arbitration award in December 1999 splits maritime boundary down the middle and allows both country?s fishermen to engage in artisanal fishing around the islands.

YEMEN/SAUDI ARABIA

Troops massed along disputed border since January 1995 in spite of February 1995 memorandum of understanding. November 1998 agreement to end hostilities and implement 1995 accord under which Yemen handed over Assir, Najran and Jizan provinces in line with 1934 Taif accord. Periodic skirmishes with nine Yemenis reported killed in January 2000. Negotiations continue with little progress. The United States began assisting the process in February 2000. 3000 Yemenis were expelled from Saudi Arabia in December 1999.

 

 

COUNTRIES IN SERIOUS VIOLENT SOCIAL UNREST

ALGERIA

1992 cancellation of parliamentary election with Islamic Salvation Front (FIS) poised to win resulted in ongoing terrorist violence from some Islamic groups. Security forces accused of torture, disappearances and extrajudicial executions of suspected militants. Widespread targeting of civilians, especially journalists, magistrates and court clerks, by armed groups, mainly Armed Islamic Group (GIA), characterized first years of violence. In 1997, whole villages targeted without apparent military or ideological purpose. Thousands of young women abducted and held as sex slaves. Intensified killings during Ramadan 1997/1998 worst ever, with over 1000 people killed in less than a month in remote mountain villages previously loyal to the Islamic groups. 412 people killed on December 30, 1997 in largest massacre yet. Killings declined in 1998 and then surged again during Ramadan 1998/99 with 81 people killed and 20 women kidnapped in one incident alone the end of December. Estimates of up to 100,000 killed in past seven years, the vast majority civilians. FIS declared unilateral truce in 1997. Constitutional ban on political parties based on religion or language enacted in 1996. Foreign ministers from EU investigated in January 1998.

Algerian League for Defense of Human Rights reports many missing people were killed by security forces; other groups indicate at least 2000 disappeared political activists, journalists and government employees killed by military. July-August 1998, UN Fact-finding team unable to visit leaders of banned FIS and criticized by local groups for minimizing abuses of government.

AIS signed peace agreement in June 1999, but GIA rejected the plan. FIS leader Abdelkader Hachani assassination in November seen as set back to peace process. President Abdelaziz Bouteflika set January 13, 2000 deadline for rebels who have not killed, set bombs, or raped to apply for amnesty. On January 19, a vast counterinsurgency operation against those who did not surrender was begun. Bouteflika has promised sentence reductions for anyone who turns himself in, no matter what crimes he has committed. Rpt Sp Rapp Execution: E/CN.4/1999/39 & Add.1, E/CN.4/2000/3 & Add.1.

BAHRAIN

Disorder broke out in Bahrain in December 1994 when the government refused to consider a petition signed by 25,000 people calling for the restoration of the 1972 Constitution and the Parliament, which was dissolved in 1975. Since then, thousands of people have been detained without trial for pro-democracy protests. Torture of political prisoners widespread. At least 40 killed in violence, including in bombings. December 1998 a booby-trapped car exploded in downtown Manama. The government accuses Lebanese residents of trying to destabilize Bahrain, and 6 Lebanese were arrested in November 1998. Municipal elections announced in December 1999. Unrest lessened since Sheikh Hamad ascended to the throne in March 1999, pardoning some prisoners and releasing top Shiite Muslim opposition leader Sheikh Amir al-Jamri. Sub-Comm Res 1997/2; Wk Gp Det E/CN.4/1998/4/Add.1, Op. No. 15/1997; Rpt Sp Rapp Torture: E/CN/4/1998/38 & Add.1, E/CN.4/1991/61, E/CN.4/2000/9; Rpt Sp Rapp Executions: E/CN.4/1999/39 & Add.1.

BANGLADESH

Conflict for twenty-five years in Chittigong Hill Tracts between government and armed tribal rebels. December 1997 peace agreement signed by Parbattaya Chattagram Jana Sanghati Samity (PCJSS), the rebel?s political wing, after six rounds of secret talks with the government?s Awami League. Provisions include land rights, other human rights concerns and promotion of culture. Thousands of refugees returned from India following agreement. PCJSS concerned at slow implementation. CHT Regional Council formed in May 1999. As of February 2000 only 60 army camps closed out of 500. Some PCJSS released from detention, others integrated into national police. 16 people killed due to disagreements within PCJSS. Armed wing "constitutionally" abolished by PCJSS during October party congress. A second rebel group continues to demand full autonomy. Estimated 25,000 killed during conflict. Rpt Wk Gp Dis: E/CN.4/1999/62.

BOSNIA-HERZEGOVINA

Bosnia-Herzegovina declared independence from Yugoslavia 1990, resulting in 5-year military and paramilitary action between the Muslim-led Bosnian government and Bosnian Serbs. Conflict particularly brutal and inhumane, including systematic rape, ethnic cleansing, and the July 1995 massacre of Muslim civilians in Srebrenica. Bosnian-Serb leader Radovan Karadzic and Bosnian-Serb Military leader General Ratko Mladic indicted by the International Criminal Tribunal. Bodies of 12,000 civilians and soldiers are believed to be in mass graves in the region.

December 14, 1995 peace plan signed in Paris (the General Framework for Peace in Bosnia and Herzegovina and annexes, initialed in Dayton, Ohio on 21 November 1995) retains a unitary state under three co-presidents?Bosnian (Muslim), Croat, and Serb?with two spheres: the Bosnian-Croat Federation and Serbian Republic of Srpska. 60,000 NATO soldiers subsequently replaced UN peacekeepers.

Still more than one million refugees from the war. In 1999, only 40,000 people known to have returned to their homes in minority areas, and it appears that fewer and fewer want to return. Around 600,000 refugees have returned in all. The return of refugees is obstructed by all parties, although less so in Muslim areas.

At least 250,000 people died in the conflict. On-going process at The Hague tribunal. UNPROFOR (3/92-12/95); UNMIBH (12/95-present);

International Criminal Tribunal; International Court of Justice: Order (Bosnia-Herzegovina v. Yugoslavia (Serbia-Montenegro)) 4/8/93, Rpt A/50/4; Rpt of the UNHCHR on Human Rights and Mass Exoduses: E/CN.4/2000/81.

CAMBODIA

Years of armed conflict that followed 1979 ouster of Khmer Rouge/Pol Pot regime ended in May 1991 peace agreement signed by all four factions. Khmer Rouge continued to fight for several more years. UN Peacekeeping mission left 1993. Government installed in 1993 included Hun Sen, from previous Vietnamese-backed government. Royal Cambodian Amed Forces (RCAF) accused of extortion, robbery and murder as well as participation in organized crime. Two journalists killed in 1995. Khmer Rouge soldiers began defecting to government side in 1996, several joining RCAF as generals or advisors. Pol Pot died summer 1997. July 1997 Joint Prime Minister Prince Norodom Ranariddh ousted in coup by coalition partner Hun Sen. Hun Sen?s party (Cambodian Peoples? Party, CPP) won 1998 elections. New coalition with Ranariddh formed December 1998.

On December 25, 1998 Khmer Rouge leader Khieu Samphan and Noun Chea surrendered and freed. Only two Khmer Rouge leaders, Ta Mok and Kang Kek Teu "Dutch", await trial for war crimes. UN discussion with Hun Sen for war crimes tribunal deadlocked.

Political violence continues in 1999: arrest of Sam Rainsy Party members, attack on residence and wife of former resistance leader Nhiek Bun Chhay (September 1999) abduction of Lon Phon (October 1999). There are currently 10 million unexploded land mines in the country. Comm Res 2000/79; Rpt S-G E/CN.4/1999/100; Rpt Sp Rep S-G E/CN.4/1999/101, E/CN.4/2000/109;

S-G Report: E/CN.4/2000/108.

CENTRAL AFRICAN REPUBLIC

Following severe unrest during 1996, there were three successive mutinies by sections of the armed forces. Truce signed in December 1996, and in January 1997 the Bangui Agreement, aimed at restoring peace and security, was accepted by the government and the mutineers. Regional peacekeeping force (MISAB) deployed. August 1997 the Security Council adopted Resolution 1125, determining that a threat to the peace and security of the region existed. MISAB had succeeded in removing the heavy weapons and two thirds of the light weapons that were in the hands of dissident elements. In April 1998, the UN MINUCRA replaced MISAB, and withdrew in February 2000. Following general elections in November 1999, hopes are high that the new government will have mandate to restructure armed forces, a still yet-to-be-implemented aspect of the peace agreement. Serious violent crime rampant and ingredients of conflict remain: harsh living conditions, unpaid salaries, and weak security forces.

CHAD

Forces Armees Pour La Republic Federal (FARF) rebels who wanted a federal state in the South signed a peace accord on May 8, 1998 in exchange for amnesty. There has been a North-South conflict since independence in early 1960s due to political dominance of the northerners (mostly Muslim) over Southerners (mostly Christian and animist). Most recent violence began October 1997 between FARF and government troops in East and West Longone. Both sides accused of summary executions, torture, and rape against civilian population, and half of the hundreds of casualties are civilians. The May 1998 accord accepts FARF as political party, which then merged with the ruling Patriotic Salvation Movement (MPS). FARF soldiers are to be integrated into national armed forces and into civilian sector.

Movement for Democracy and Justice in Chad (MDJT), led by former defense minister Youssouf Togoimi, has been fighting in Tibesti region since October 1998. Opposition rebel alliance, Coordination of Opposition Armed Movements and Political Parties (CMAP), formed by 13 groups excluding MDJT in December 1999, with aim of overthrowing President Idriss Deby. Prg Rpt UNHCHR: E/CN.4/2000/107.

CHINA

Uighur ethnic nationality (Turkic-language speaking Muslims) in 50-year struggle for independent "East Turkestan" in Xinjiang region of western China. Possible self-determination claim. A number of separatist armed organizations operate in the region and from abroad. Uighurs have separate cultural traditions, language and a national flag. Republic of Eastern Turkestan declared in 1933, 1944, both times forcibly put down by Chinese. Broad evidence of Chinese ethnocidal policies: religious persecution, outlawing of Uighur language, forced abortions, and large numbers of Han Chinese settlers (up to 10 million in last 50 years). Han Chinese also accused of receiving all benefits of growing economy. Violence increasing since 1996 with assassinations of pro-Chinese clerics, bombings, brief armed skirmishes, and uprisings. Uighur groups suspected in series of bombings in February 1997 in Urumqui. Also in February 1997, protesters fired on by security forces; 167 killed and 5000 arrested. Some prisoners reportedly tortured. Three bombings in Khotan and Korla reported in July 1998. In October 1998, an unknown number of people were sentenced to death for participating February 1997 demonstration. United National Revolutionary Front, Uighur group exiled in bordering Kazakstan, claims many Uighurs executed and thousands arrested since 1996. Another Uighur group, Regional Uighur Association headed by Kakharman Khoahamberdi, also based in Kazakstan, reports 61 Uighurs executed by China for "separatism" or "nationalism" in 1999; other groups report up to 90 or 100. September 1999, up to 100 people killed in clashes between Uighurs and Chinese troops in Karakash and Lop districts. Uighur leader Nigmat Bazakov was assassinated in Kyrgyzstan at end of March 2000. Chinese authorities cite several thousand violent operations carried out by Uighur separatists in last decade.

COTE D?IVOIRE

Coup d?etat December 24, 1999, led by General Robert Guei, who assumed power. France allowed deposed president Henri Konan Bedie into France. January 2000, Guei declares state coffers empty. Switzerland froze Bedie?s assets, EU claim of millions stolen funds meant for health needs. June 6, 2000 Guei issues arrest warrant, but by mid-June France still has not turned Bedie over. Elections set for July 23, 2000 and September 17, 2000, with UN elections mission urged.

FIJI

Long-standing economic and political tensions between the native Fijian majority (51% of population), and the Indian minority (44%) came to a head on May 19, 2000, when a small group of armed men stormed Fiji?s parliament and took ethnic-Indian Prime Minister Mahendra Chaudhry, elected in 1999, and 30 members of his cabinet hostage. The coup leader, businessman George Speight, declared himself interim prime minister and demanded the ousting of the president and the removal of the 1997 Constitution, which had allowed ethnic Indians to hold the post of Prime Minister. The military, led by Commodore Frank Bainimarama, declared martial law on May 29, obtained the resignation of President Ratu Sir Kamisese Mara and scrapped the 1997 Constitution. Speight claims to be the voice of native Fijians, whose traditional monopoly on land ownership was seen to be threatened by land reform measures supported by Chaudhry. There was some looting of Indian-owned shops and beatings of Indians in the days after the coup. The standoff between the two contingents continues as of June, 2000. The United States, Australia, and New Zealand have all threatened sanctions, and Secretary-General Kofi Annan has expressed concern and sent his Special Envoy, Sergio Vieira de Mello, to the island.

GREAT BRITAIN/NORTHERN IRELAND

Sectarian violence in Northern Ireland between pro-Independence (primarily Roman Catholic) side and unity with Great Britain (primarily Protestant) side with nearly 4,000 deaths since 1969. 1974 power-sharing attempt collapsed after five months. A major peace process since 1997. All groups currently taking part in cease-fire. April 1998 "Good Friday" accord called for multi-party cabinet, agreement on terms for policy-making committees and disarmament as yet not implemented. In August 1998, 29 people killed in Omagh by a car bomb planted by "Real IRA," a splinter group of IRA that in September called for a cease-fire due to outrage over attack. Human rights lawyer Rosemary Nelson murdered by loyalists in car-bomb attack in March 1999. In December 1999, government powers transferred to new joint republican and unionist government after thirty years of control from London. After 72 days, in February 2000, power-sharing government suspended due to disagreements over the failure of IRA to set timetable for disarming. IRA says government must be restored before it will disarm, but the Ulster Unionist Council (UUC) refuses to participate in a government with Sinn Fein before they do. On may 6, 2000 the IRA issued a statement on "decommissioning", paving the way for re-establishing the Assembly and Executive of joint government. On May 27, 2000 the UUC backed UUC leader Trible?s decision to re-enter, and joint government restored May 30, 2000. Hundreds of political prisoners have been released, and the rest are expected to be set free by July 2000.

INDIA

Increasing number of violent attacks against Christians in Dangs district of Gujurat by groups (Bajrang Dal and Vishwa Hindu Parishad) associated with right-wing Bharatiya Janata party. Motivation may be opposition to Sonia Gandhi, a Roman Catholic. In January 1999, Australian missionary and two sons burnt to death by large crowd.

People?s War Group (PWG) seeks "homeland" in several states southeast of New Delhi.Following death of one of its commanders in December 1999; more than 60 violent attacks in Andhra Pradesh region between January and mid-February 2000.

Numerous militant separatist groups active in North-East with as many as 50,000 killed in past 50 years. Independence movement by Nagas killed 1500 in past decade. Cease-fire agreement between government and National Socialist Council of Nagaland (Isak-Muivah) signed August 1998. Naga-Kuki clashes in Manipur responsible for 1000 deaths and 3500 houses burned since 1992. Attempted assassination of top politician in November 1999 blamed on National Socialist Council of Nagaland. Kuki-Zomi fighting during June 1997. National Liberation Front of Tripura (NLFT) and All-Tripura Tiger Force (ATTF) seeking independent Tripura . Skirmishes continued in 1999 into 2000. Conflict has caused 10,000 deaths in past two decades.

10,000 killed in Assam in past decade. Bolo separatists suspected in train bombings in 1997 and car bombings in 1998. December 1998 massacre of 23 Muslim settlers. 50,000 Muslim refugees from three-month long Bolo attacks in 1994-95 still in camps. United Liberation Front of Assam (ULFA) continues operations into 2000, with a series of gun battles in February/March 2000. Assassination of public works minister Nagen Sharma and others blamed on ULFA. Anti-militant protest in Guwahati in March. A Santhal Bolo conflict resulted in 400 deaths by end of 1998. Indian forces accused of disappearances, extra-judicial killings, torture and rape in part encouraged by the Special Powers Act. Indian Prime Minister A.B. Vajpayee visited area in January, 2000. March 2000 ceasefire with Bolo Liberation Tigers "in order to create an environment conducive to talks for finding a solution to the Bolo problem."

12 year militancy by Sikh groups in Punjab to gain nation of "Khalistan" ceased in 1992. 1984 attack by Army troops on sacred shrine led to assassination of Indira Gandhi. Attacks in 1995 on high-profile targets. In early 1998, the government apologized for the destruction of a religious shrine. Fight for self-determination in Indian-occupied Kashmir (see "Kashmir"). Rpt Sp Rap Executions: E/CN.4/1999/39 & Add.1, E/CN.4/2000/3 & Add.1; Rpt Sp Rapp Torture: E/CN/4/1998/38 & Add.1, E/CN.4/1999/61, E/CN.4/2000/9;

Rpt Wkg Gr Disapp: E/CN.4/1999/62, E/CN.4/2000/64; Rpt Wkg Gr Det: E/CN.4/1999/63, E/CN.4/2000/4 & Add.1.

LESOTHO

May 1998 elections won by ruling party called fraudulent by opposition. Rioting and looting killed 50, destroyed much of Maseru business district and paralyzed government. South African and Botswanan defense forces intervened to end violence withdrew May 1999. Members of the Lesotho Defense Force (LDF) demanded resignation of commanders. 50 were charged with mutiny and were put on trial in prison in January 1999 amid violent protests. New elections now called for within 18 months of November 1999. Early December 1999 agreement on election worked out by Mozambique President Chissano, South Africa Development Community, UN, OAU and Commonwealth.

NAMIBIA

Rumors of secessionist plot by Caprivi Liberation Movement led to security crackdown and 2500 refugees into Botswana since October 1998. Botswana agreed not to forcibly repatriate them, but is working with Namibia for their return. Caprivi attacked Katima Mulilo August 1999. Renewed attacks in December 1999. Retaliatory raids by UNITA (see "Angola") resulted in 30 civilian casualties. March 2000 celebrations of 10 years independence. Rpt Sp Rapp Torture: E/CN.4/1999/61; E/CN.4/2000/9.

PAKISTAN

Fighting between opposition movement Mohajir Quami Movement (MQM) and paramilitary police killed thousands in Karachi in past 6 years. Police said to torture, extort and murder. Mohajir community arrived after partition in 1947, claim discrimination from indigenous Sindhis. Suspension of human rights in Sindh declared in Fall 1998 after political fall-out between then Prime Minister Nawaz Sharif and MQM coalition partner. Special anti-terrorist military courts, established in December 1998, declared unconstitutional by Supreme Court of Pakistan in February 1999. A number of bombings in early 2000 attributed to MQM.

Shi?ite and Sunni sects in Punjab fighting since early 1997. Murder of 28 praying Shi?ites in January 1998 by "Warriors of Jhangvi" led to riots and march on Parliament. PM Sharif escaped assassination attempt in Punjab January 1999 in bomb blast that killed three. The next day, 18 Shi?ias killed in mosque. Persecution of Ahmadi Community continues and hundreds of deaths due to religious and communal strife in past few years. Indication that Iran and Saudi Arabia are assisting some groups.

Sharif overthrown October 12, 1999 by General Pervez Musharraf. Sharif in jail charged with capital offenses of hijacking and attempted murder, charged with trying to prevent the landing at Karachi airport of General Musharraf?s plane. Pakistan?s non-governmental Pakistan Human Rights Commission called for restoration of democracy. Rpt Sp Rapp Executions: E/CN.4/1999/39 & Add.1, E/CN.4/2000/3 & Add.1; Rpt Sp Rapp on Torture: E/CN.4/1999/61, E/CN.4/2000/9.

PHILIPPINES

September 1996 peace agreement with largest Muslim independence group (Moro National Liberation Front (MNLF)) gave MNLF chairman governorship of four-province Autonomous Region in Muslim Mindanao (ARMM). MNLF now threatens to rejoin other groups due to failure to establish provisional government. Peace talks scheduled for February 1999, with a temporary cease-fire agreed to in late January 1999 between Government and largest remaining rebel group (Moro Islamic Liberation Front (MILF)). Aerial bombing of MILF?s main camp by government in January 1997 caused displacement of 300 families. January 1999 attack by MILF near controversial dam project displaced 400 villagers.

Clashes with MILF and government troops continued throughout 1999 and have escalated in 2000. By the end of 1999 rumors later confirmed that MILF had 10 Saudi "consultants" training the MILF forces. Ten days of heavy clashes in March 2000 with government deploying more than 2,000 troops after MILF captured Kauswagan (Lanao del Norte), subsequently retaken by government.

Abu Sayyaf - a third rebel group - opposes talks and continues violent attacks against villagers. Grenade attacks said to avenge killing of their leader, Abduajak Abubakar, by police in December 1998. Abu Sayyaf continued sporadic fighting in 1999 and in February 2000 bombed restaurant and two police stations in Isabela (Basilan). March 2000 attack on army outpost and Catholic school in Basilan. April 23, 2000 Abu Sayyaf kidnapped 21 tourists from Germany, South Africa, Finland and France and took them to Jolo. They continue to demand a separate Islamic state. Negotiations on-gong. Abu Sayyaf seeks 15-20 million ransom. In June 2000 held 11 German journalists until $25,000 ranson paid. At time of writing (mid-June 2000) tourist-hostages still held. Up to 200,000 people killed since 1972. Rpt Sp Rapp Executions: E/CN.4/1999/39 & Add.1, E/CN.4/2000/3 & Add.1; Rpt Wkg Gr Disapp: E/CN.4/1999/62, E/CN.4/2000/64.

RUSSIAN FEDERATION

70,000 Ingush displaced from 1992 territorial dispute between regions of Ingushetia and North Ossetia, but only 13,000 returned. Ingushetia accuses North Ossetia of creating obstacles to their reurn. Border patrolled by Russian troops who are frequently ambushed. Renewed state-of-emergency in Ingushetia. Attacks on police checkpoints at Chechnya-Dagestan border and civilians as well as hostage taking continues (see Chechnya). October 1999 four hostages seized in North Ossetia killed on refusing to cross border into Ingushetia. Human rights commissioner of Council of Europe Alvaro Gil-Robles visited area November 1999. Rpt Sp Rapp Executions: E/CN.4/1999/39 & Add.1; Rpt Wkg Gr Disapp: E/CN.4/1999/62; Rpt Wkg Gr Det: E/CN.4/1999/63, E/CN.4/2000/4 & Add.1.

SENEGAL

Separatist conflict since 1980 between Diola people and northern settlers in Casamance region. 400 dead in month-long fighting in autumn 1997 between Casamance Movement of Democratic Forces (MDFC) and government. Landmines placed by MDFC killed over 500 people in 1998. Up to 120,000 displaced.. Several ceasefires called called but fighting continued. In June 1998, a civil war began in Guinea Bissau after the President fired his army chief of staff amid mutual accusations of assisting the MDFC (see "Guinea Bissau"). Senegal?s President Diouf met with MDFC leader Rev. Diamacoune Senghor in January 1999, proposing decentralization as a solution to the conflict.

Following clashes throughout 1999, MDFC and government signed ceasefire agreement on December 26, 1999 in Banjul, witnessed by representatives of Gambia and Guinea-Bissau. Apparently "break-away" MDFC groups still carrying out attacks.

SOLOMON ISLANDS

Fighting, fuelled by economic tensions between native Guadalcanalese and recent settlers from Malaita, in late 1998 amid charges that the Malaitans had taken over the Guadalcanalese?s traditional lands and jobs. The Guadalcanalese formed Isatabu Freedom Movement (IFM) and attacked Malaitans; the Malaitans responded with attacks supported by the Malaitan-dominated Royal Solomon Islands Police. A July 1999 peace agreement. Violence escalated in January 2000 when the newly-formed Malaitan Eagle Force (MEF) was allowed to raid a police armoury. On June 5, 2000, the MEF captured the government and took Prime Minister Bartholomew Ulufa?alu hostage, demanding compensation for properties damaged and destroyed by the IFM, the end to the killings of Malaitans, and the protection of Malaitan interests in Honiara. Fighting between the MEF and IFM concentrated around airport. By June 8, both sides agreedto a 14-day ceasefire and seek international peacekeeping force. The ceasefire allowed a Commonwealth delegation to mediate; they have offered a multi-million dollar compensation package in exchange for peace. Parliament to reconvene on June 16 to decide upon the Prime Minister?s proposed resignation. On June 10, a new armed group, reportedly linked to separatists on neighbouring Bougainville island, raided the police station and telecommunications facilities in Gizo province. There have been allegations of summary executions, rape, torture, and attacks on civilians made against the IFM, the MEF, and the police forces; the IFM also has been accused of the extensive use of forcibly recruited child soldiers. Since 1998, at least 60 people have been killed, and 20,000 people, mostly Malaitans, have been forced to flee their homes.

UZBEKISTAN

On February 16, 1999 Uzbek President Islam Karimov escaped assassination in bombing attack that killed 13, injured at least 120 and heavily damaged the government?s headquarters in Tashkent. Karimov, leader of Uzbekistan since its independence in 1991 from the USSR, has been heavily criticized by human rights groups. Armed opposition groups that identify themselves as Islamic seek to topple government and install Islamic government. Frequent clashes throughout 1999. Relatively peaceful parliamentary election in December, 1999 criticized by OSCE. In 1999 Karimov blamed Kyrgyzstan for not acting against rebels in that country, who then enter Uzbekistan. He blames Tajikistan for harboring militants, Afghanistan and Iran for training them. He also claims Uzbek rebels have close relationship with Chechnyan rebels. Information from Kyrgyz security in March 2000 indicates Uzbek armed groups plan to deploy 4,000 fighters against Karimov government from two large bases being built in Afghanistan near Uzbek border. Rpt Wk Gp Disapp: E/CN.4/1998/43; Rpt Sp Rapp Excecutions: E/CN.4/2000/3 & Add.1.

WEST PAPUA

Sporadic fighting between the West Papuan resistance, spearheaded by the Free Papua Movement (OPM), and Indonesian security forces since region annexed by Indonesia in 1963. A ceasefire was signed in 1998, but allegations of consistent grave abuses of the human rights of West Papuan civilians continue against Indonesian security forces. On 4 June 2000, more than 2,500 delegates from 250 of West Papua?s tribal groups, forming the Papuan People?s Congress, declared West Papua?s independence and called the 1969 UN-coordinated vote that had accepted Indonesian rule a sham. President Wahid of Indonesia rejected the declaration of independence, stating that security forces would take action to maintain order in the region. Pro-independence leader Theys Eluay responded that West Papua would seek independence through peaceful means. It has been estimated that 30,000 West Papuans have died in the independence struggle.

 

COUNTRIES WITH CURRENT UNITED NATIONS OBSERVERS/PEACEKEEPING

CENTRAL AFRICAN REPUBLIC (MINURCA: 1998-present).

BOSNIA-HERZEGOVINA (UNMIBH, 1995-present; NATO-led IFOR and IPTF).

CONGO, DEMOCRATIC REPUBLIC OF (MONUC: 1999-present).

CROATIA (UNTAES: 1996-1998; UNMOP: 1996-present).

CYPRUS (UNFICYP: 1964-present).

EAST TIMOR (UNTAET: 1999-present).

GEORGIA (UNOMIG: 1993-present).

HAITI (MIPONUH: 1997-present).

ISRAEL/SYRIA (Golan Heights) (UNDOF: 1974-present).

IRAQ/KUWAIT (UNIKOM: 1991-present).

KOSOVO (UNMIK: 1999-present).

LEBANON (UNIFIL: 1978-present).

MIDDLE EAST (UNTSO: 1948-present).

PAKISTAN/INDIA/KASHMIR (UNMOGIP: 1949-present).

SIERRA LEONE (UNOMSIL: 1998-present).

TAJIKISTAN (UNMOT/CIS: 1994-present).

WESTERN SAHARA (MINURSO 1991-present).

 

APPENDIX

The following is a list of the major documents of humanitarian law.

The Hague Convention and Regulations of 1907, 205 Parry?s T.S. 277.

The Geneva Conventions of 1949, in force Oct. 21, 1950:

Protocol Additional I to the Geneva Conventions of 1949, in force Dec. 7, 1978, 1125 UNT.S. 3, reprinted in 16 I.L.M. 1391 (1977).

Protocol Additional II to the Geneva Conventions of 1949, in force Dec. 7, 1978, 1125 UNT.S. 609, reprinted in 16 I.L.M. 1442 (1977).

The Convention on the Prevention and Punishment of the Crime of Genocide, in force Jan. 12, 1951, 78 UNT.S. 277.

The Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, in force Nov. 11, 1970, 754 UNT.S. 73, reprinted in I.L.M. 68 (1969).

General Assembly resolutions on protection of civilian populations:

International Conference on Human Rights: Human Rights in Armed Conflict, UN Doc. A/CONF.32/Res XXIII (1968).

Principles of international co-operation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity, GA Res 3074 (XXVIII) (Dec. 3, 1973).

 

SELECTED BIBLIOGRAPHY

This text was prepared using testimony by HLP/IED personnel before the United States Congress; reports and scholarly articles prepared by HLP/IED personnel; information obtained through HLP/IED missions or provided by HLP/IED delegates; reports circulated at United Nations sessions; UN, Council of Europe and OAS documents; and major media sources. The authors are particularly grateful for the valuable information provided by the Parliamentary Human Rights Group, both in terms of special communiqués and their published reports. The following citations represent a selection of sources other than those sited under each country used in the preparation of this text.

 

HLP/IED WRITTEN STATEMENTS AND PAPERS

E/CN.4/Sub.2/1990/NGO/26 (Kashmir)

E/CN.4/Sub.2/1990/NGO/31 (Armed conflict)

E/CN.4/1992/NGO/40 (Burma)

E/CN.4/1992/NGO/41 (Croatia)

E/CN.4/1993/NGO/41 (Bosnia)

E/CN.4/1993/NGO/46 (Croatia/Bosnia)

E/CN.4/1993/NGO/50 (Humanitarian law)

E/CN.4/Sub.2/1993/NGO/19 and Corr.1 (Tibet)

E/CN.4/Sub.2/1993/NGO/22 (Bosnia)

E/CN.4/Sub.2/1993/NGO/23 (Croatia)

E/CN.4/1994/NGO/37 (Sri Lanka)

E/CN.4/1994/NGO/42 (Joint statement: Iran (Kazem Rajavi))

E/CN.4/1994/NGO/53 (Croatia, Bosnia)

E/CN.4/Sub.2/1994/NGO/35 (Joint statement: Sri Lanka)

E/CN.4/Sub.2/1994/NGO/33 (Croatia/Bosnia)

E/CN.4/Sub.2/1994/NGO/25 (Joint statement: Iran)

E/CN.4/Sub.2/1994/NGO/32 (Joint statement: Western Sahara)

E/CN.4/Sub.2/1995/NGO/17 (Sri Lanka)

E/CN.4/Sub.2/1995/NGO/34 (Armed Conflict/Population Displacement)

E/CN.4/Sub.2/1996/NGO/6 (Mexico)

E/CN.4/Sub.2/1996/NGO/7 (Humanitarian concerns: Iraq)

E/CN.4/1997/NGO/49 (Gulf War/DU Weaponry)

E/CN.4/1997/NGO/50 (Mexico)

E/CN.4/Sub.2/1997/NGO/20 (Mexico)

E/CN.4/Sub.2/1997/NGO/21 (Weaponry)

E/CN.4/1998/NGO//89 (Self-determination)

E/CN.4/1998/NGO/90 (Arbitrary detention)

E/CN.4/1998/NGO/91 (Mexico)

E/CN.4/Sub.2/1998/NGO/24 (Sanctions)

E/CN.4/Sub.2/1998/NGO/25 (Weaponry)

E/CN.4/1999/NGO/118 (Mexico)

E/CN.4/1999/NGO/119 (Iraq-Sanctions)

E/CN.4/1999/NGO/121 (Moluccas/Acheh/East Timor)

Brazon, Lydia, R. Curley, & E. Ordaz, Nicaragua Elections Report (1996).

Brazon, Lydia, Mexico: Report of Election Monitoring (1994).

Brazon, Lydia & Dr. Kathryn Dowling, Report on Delegation to Chiapas (May 1998).

Brazon, Lydia, Report on United States Citizens Deported from Chiapas, Mexico (February 1999).

Fertig, Ralph, United States Armes Trade with Turkey Contributes to Genocide of Kurdish People (July 1998).

Fertig, Ralph, Mexico: A Battle in the War Between the Worlds (1994).

Fertig, Ralph & Patricia Krommer, The Current Conflict Between Turkish Armed Forces and the Kurds of Southeast Anatolia (1991).

Gottlicher, Darko, The Silent Occupation of Croatia (1993).

Gottlicher, Darko, Gross Violations of Human Rights in Central Bosnia (1994).

IED/HLP & California State Univerisity at Northridge, Joint Report on Delegation to Mexico (July 1998).

Howland, Todd, Report of Delegation to Acteal and Polho (1998).

Kent, Jack, Medical Status Evaluation of Imprisoned "Presumed Zapatistas" (1996).

Ordaz, Evangeline, Walking Together: The HLP/IED Escort of EZLN to National Indigenous Congress (1996).

Parker, Karen, Human Rights in Burma, Hearings before the Sub-comm on For. Op. of the Senate Appropriations Comm., 104 Cong., 1st Sess. (1995).

Parker, Karen, Human Rights in Burma, Hearings on Burma before the Sub-Comm. on Asian and Pacific Affairs of the House Comm. on Foreign Affairs, 103d.Cong., 1st Sess. 120 (1993).

Parker, Karen, Application of Human Rights and Humanitarian Law in Sri Lanka, Hearings on Sri Lanka before the Subcomm. on Asian and Pacific Affairs of the House Comm. on Foreign Affairs, 100th Cong., 1st Sess. (1987).

Parker, Karen, Military Operations: What is Legal and What is Illegal Under International Law (1988).

Parker, Karen, Religious Persecution in Pakistan: The Ahmadi Case at the Supreme Court (1994).

Parker, Karen, Republik Maluku: The Case for Self-Determination (1996).

Parker, Karen, The Kashmiri War: Human Rights and Humanitarian Law (1996).

Parker, Karen, Memorandum on Weapons and the Laws and Customs of War (1997).

Parker, Karen, Sanctions in Light of Human Rights and Humanitarian Law ( 1998).

 

PARLIAMENTARY HUMAN RIGHTS GROUP REPORTS

Peru: Terrorism, Torture and Human Rights, February 1996.

Capital Punishment in the USA: A Review of the Issues, March 1996.

Speak Together of Freedom: The Present Struggle for Democracy and Human Rights in Bahrain, March 1996.

Bahrain: a Brick Wall, June 1996.

Democracy at Gunpoint: Turkish Kurdistan, June 1996.

The Güclükonak Massacre, June 1996.

Iran: State of Terror, June 1996.

Postwar Developments in the Georgian-Abkhazian Dispute, June 1996.

Turkey Newsletter, June 1996.

Memorandum to the Consultative Group Meeting on Cambodia, July 1996.

Nigeria: Crisis of Nationhood II, July 1996.

The Bhutanese Refugee Situation, August 1996.

The State Security Court of Bahrain, August 1996.

The Elections in Kashmir, September 1996.

Sri Lanka: The Embilipitiya Case and the Rule of Law, September 1996.

The Conflict in Sierra Leone, October 1996.

Culture of Intolerance: Jehovah?s Witnesses in Bulgaria etc, March 1997.

Mexico: Human Rights Traded In, March 1997.

Pakistan: Persecution of the Ahmadis, March 1997.

Uncertainty and Despair: the Plight of Karen Refugees, May 1997.

Beyond the Yoke: The Human Rights of Women Refugees in the Dadaab Camps of Kenya, May 1997.

Torture in Saudi Arabia, January 1998.

The Crisis of Human Rights in Bahrain: the Rule of Law under Threat, August 1998.

 

UNITED NATIONS STUDIES

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