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- Newsgroups: misc.activism.progressive
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- From: "Human Rights Coordinator" <hrcoord%IGC.ORG@MIZZOU1.missouri.edu>
- Subject: UN SUBCOMMISSION ON HUMAN RIGHTS EXAMINES IMPUNITY
- Message-ID: <1992Aug13.220249.19522@mont.cs.missouri.edu>
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- Resent-From: "Rich Winkel" <MATHRICH@MIZZOU1.missouri.edu>
- Date: Thu, 13 Aug 1992 22:02:49 GMT
- Approved: map@pencil.cs.missouri.edu
- Lines: 144
-
- /* Written 12:10 am Aug 11, 1992 by newsdesk in
- cdp:ips.englibrary */ Copyright Inter Press Service 1992, all
- rights reserved. Permission to re- print within 7 days of
- original date only with permission from 'newsdesk'.
-
- Title: UNITED NATIONS: SUBCOMMISSION ON HUMAN RIGHTS EXAMINES
- IMPUNITY
-
- an inter press service feature
-
- by juan gasparini
-
- geneva, aug 8 (ips) -- the use of presidential pardons and amnesty
- laws to cover up massive repression in many third world countries
- is one of the thorny issues on the agenda, as the united nations
- subcommission on human rights meets in geneva.
-
- the theme has sparked passions, due to the number of countries
- involved and the many victims affected.
-
- fierce debates have errupted between representatives from
- implicated governments and non-governmental organisations (ngos)
- representing human rights and victims groups.
-
- in 1991, the subcommission assigned two of its experts, louis
- joinet, from france, and hakji guisse, of senegal, to prepare ''a
- study of amnesty laws and the role they play in protecting and
- promoting human rights.''
-
- the idea for the study had been suggested by various ngos working
- out of the united nations geneva site, including the international
- commission, pax christi, the international federation for human
- rights and the american association of jurists.
-
- the subcommission specified that joinet and guisse include
- politcal crimes and atrocities in their study.
-
- amongst these types of crimes, they specified arbitrary
- detentions, tortures, disappearances, rapes and executions, and
- crimes committed against children, the elderly and handicapped.
-
- joiner and guisse were also told to consider economic crimes
- -- land appropriations, official corruption and unfair labor
- practices -- as well as drug trafficking, as human rights
- violations.
-
- these parameters give joinet and guisse considerable influence
- over the eventual content of a criminal code of human rights
- violations, and the creation of an international tribunal, with
- binding jurisdiction, to rule on and hear cases of human rights
- abuses.
-
- the final report that joinet and guisse have compiled for their 24
- colleagues on the subcommission remains secret.
-
- the conclusions and recommendations of the study will be released
- in the coming days, when they are presented at the 44th session of
- the subcommission, scheduled to conclude during the second week of
- september. (more/ips)
- ----
-
- united nations: subcommission (2)
-
- neverthess, sources say that the report's title has been changed
- and strengthened to ''a study of the impunity of authors of human
- rights violations.''
-
- according to meetings between joinet, guisse and ngos, two
- conflictive points have prevented a clear consensus on conclusions
- and recommendations.
-
- the first point under contention involves the question of
- retroactivity -- whether any subsequent u.n. conventions or
- tribunals will be able to persue human rights abuses already
- absolved by amnesty laws and presidential pardons.
-
- this point would affect many latin american, asian and african
- countries, in addition to european countries, like france, which
- are faced with pending cases of human rights abuses committed by
- the german nazi and eastern european communist regimes.
-
- the second point under contention is the extent and type of
- reparations allowed to address human rights abuses.
-
- for some, the reparations must include compensation for both the
- victims and their families, and the release of documents
- classified or altered to protect the guilty parties. this is
- considered unacceptable by many governments.
-
- for the ngos, initiatives relating to repartations must be
- separated from judicial and legal measures.
-
- the ngos reject the current trend of absolving major human rights
- abuses and abusers via economic reparations that benefit only a
- minority of the victims.
-
- the majority of the victims, they claim, have been tortured,
- killed and abused without any concern over the psychological and
- physical costs for the survivors, family and neighbours.
-
- in an attempt to accomodate opposing positions, 35 ngos have
- recieved a guarantee that a declaration synthesising their
- positions will be added as an amendment to joinet and guisse's
- report.
-
- still, the ngos' position will not be an integral part of the
- study and so they have released a document in geneva outlining
- their stance.
-
- the text states that ''crimes against humanity and serious human
- rights violations eliminate any possiblity of human coexistence,
- and as consequence, any chance of democratic solutions to social
- conflicts.'' (more/ips)
- ----
-
- united nations: subcommission (3)
-
- the document goes on to say that serious crimes committed in the
- past must be sanctioned, as they can never be errased by time and
- ''international law demands the punishment of their authors.''
-
- ''impunity benefits the authors'' of human rights abuses,
- encourages their repetition and contributes to ''the persistence
- of state terrorism.''
-
- to support their arguments, the ngos cite the french court that
- tried and condemned nazi war criminal klaus barbie.
-
- the court stated that a crime against humanity ''is above all, an
- attack on fundamental human rights: the right to equal treatment
- before the law, regardless of race, nationality or social
- standing, and the freedom to hold and express individual religious
- and political beliefs.''
-
- moreover, ''this type of crime is not meant just to cause death or
- injury, but to also deliberately and gratuitously violate the
- dignity of the victim.''
-
- the ngos agree with the court's judgement and feel that the same
- criteria used to try barbie, is valid against human rights abusers
- from other eras and in other latitudes.
- (end/ips/trd/so/jg/ica/eli/92)
- ----
-
-