Subject: UN: HR Commission adapts chair statement on Timor Leste

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UNITED NATIONS

Press Release

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COMMISSION ADOPTS CHAIRMAN'S STATEMENTS ON AFGHANISTAN, HAITI, NEPAL, TIMOR-LESTE AND COLOMBIA

xxxxxxxxxx 21 April 2004

Under Advisory Services Item Appoints Independent Experts on Burundi, Chad, Democratic Republic of Congo; Also Appoints Independent Expert on Terrorism

The Commission on Human Rights approved this afternoon Chairman's statements related to the provision of advisory services and technical cooperation to Afghanistan, Haiti, Nepal and Timor-Leste. It also adopted a Chairman's statement on Colombia.

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In a Chairman's statement on technical cooperation and advisory services in Timor-Leste, the Commission congratulated the Government of Timor-Leste for its accession to the main international human rights instruments; welcomed steps to establish a national institution of human rights; and underlined the importance of a continuing United Nations human rights presence in Timor-Leste to ensure an effective transition and to help the Government strengthen its capacity to promote and protect human rights.

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Earlier in the afternoon, under its agenda item on the effective functioning of human rights mechanisms, the Commission adopted measures on regional cooperation in the Asian and Pacific region; national institutions for the promotion and protection of human rights; human rights and special procedures; protection of United Nations personnel; and effective implementation of international instruments on human rights.

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Action on Resolutions and Decisions on Effective Functioning of Human Rights Mechanisms

In a resolution (E/CN.4/2004/L.84) on regional cooperation for the promotion and protection of human rights in the Asian and Pacific region, adopted by consensus, the Commission stressed the importance of the linkages and mutually reinforcing aspects of all four areas of the Framework for Regional Technical Cooperation Programme in the region; expressed deepest sorrow for the loss of former High Commissioner for Human Rights Sergio Vieira de Mello, whose life was tragically lost while pursuing human rights in the Asian and Pacific region; stressed that developing and strengthening national capacities for the promotion and protection of human rights in accordance with national conditions provided the strongest foundation for cooperation in the region; and encouraged all States in the region to take concrete steps in connection with the implementation of the Framework for Regional Technical Cooperation.

... In a resolution (E/CN.4/2004/L.101) on the protection of United Nations personnel, adopted by consensus, the Commission called upon all States to consider as a matter of priority becoming parties to and to respect fully their obligations under the relevant international instruments, in particular the Convention on the Safety of United Nations and Associated Personnel, especially those receiving United Nations operations on their territories; to consider as a matter of priority becoming parties to the Rome Statute of the International Criminal Court; urged all States to take the necessary measures to ensure the full and effective implementation of the relevant provisions of human rights and refugee law relating to the safety and security of United Nations and associated personnel, as well as relevant principles and rules of international humanitarian law; to take stronger actions to ensure that any threat or act of violence committed against United Nations and associated personnel on their territory was fully investigated, and to ensure that the perpetrators of such acts were brought to justice in accordance with international law and national law, and noted the need for States to end impunity for such acts; and to facilitate and expedite, consistent with their national laws and regulations, the use of communications resources necessary to ensure the protection and safety of United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation.

The resolution also called upon all States and others concerned to provide adequate and prompt information concerning the arrest or detention of United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation; to grant the representatives of the competent international organization safe, prompt and unhindered access to such personnel; to allow independent medical teams to investigate the health of detained United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation and to afford them the necessary medical assistance; to ensure the prompt release of United Nations and associated personnel and other personnel; to promote a climate of respect for the security of United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation; and encouraged all States to contribute to the Trust Fund for the Security of United Nations Personnel.

The resolution requested the Secretary-General to take the necessary measures to ensure full respect for the human rights, privileges and immunities of United Nations and associated personnel; and to take further steps, within his mandate, to improve the safeguards for the security and safety of locally recruited United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation, and to continue to consider ways and means of strengthening their protection.

KATHERINE M. GOROVE (United States) said this was an important draft resolution addressing an issue of pressing concern. However, the United States Government remained concerned about several loosely addressed references to international law, and especially to international humanitarian law. The paraphrases used could not be taken to alter or change in any way States' obligations under existing international law. With respect to overall substance ­ the protection of international personnel ­ efforts in this regard should be concentrated in the most appropriate forum: the United Nations Security Council. Thus, while the United States would join consensus, it was obliged to put forward two amendments with regard to the International Criminal Court, including one that would delete operative paragraph 2(b).

MARY WHELAN (Ireland), speaking on behalf of the European Union, said the Rome Statute of the International Criminal Court was useful for the protection of human rights personnel. The European Union called for a vote on the amendments proposed by the United States and would vote against them.

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Action on Resolutions and Decisions on Advisory Services and Technical Cooperation in the Field of Human Rights

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In a Chairman's statement on technical cooperation and advisory services in Timor-Leste, the Commission congratulated the Government of Timor-Leste for its accession to the main international human rights instruments. It welcomed the steps taken to establish the national institution of human rights. It also acknowledged the work undertaken so far by the Commission for Reception, Truth and Reconciliation. The Commission noted with satisfaction the development of a programme of technical cooperation between the Office of the United Nations High Commissioner for Human Rights and the Human Rights Unit of the United Nations Mission of Support in East Timor (UNMISET) in consultation with the Government of Timor-Leste.

The Commission underlined the importance of a continuing United Nations human rights presence in Timor-Leste after the end of the mandate of UNMISET in order to ensure an effective transition and to help the Government of Timor-Leste strengthen its capacity to promote and protect human rights. The Commission emphasized the need for continuing international assistance for strengthening the justice system in Timor-Leste and encouraged the international community to maintain its engagement with the Government of Timor-Leste in its efforts to promote and protect human rights.

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http://www.unhchr.ch/ UN press release

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UNITED NATIONS

Press Release

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COMMISSION CONCLUDES GENERAL DEBATE ON ADVISORY SERVICES AND TECHNICAL COOPERATION IN FIELD OF HUMAN RIGHTS

xxxxxxxxxx 19 April 2004

Experts on Liberia, Somalia, Cambodia and Haiti Present Reports; General Debate on Rationalization of Work of Commission Concludes ...

EDDI HARIYADHI (Indonesia) recalled that the Commission, through a statement by its Chairperson, had requested the High Commissioner for Human Rights to develop and implement with the Government of Timor-Leste a programme of technical cooperation in the field of human rights. In this regard, the Chairperson's statement spoke of technical cooperation between the Office of the High Commissioner and the Government of Timor-Leste. Indonesia supported the need to strengthen international assistance for the enhancement of Timor-Leste's national capacity in various sectors, including in the area of human rights promotion and protection. It was well recognized that ever since the inception of UNTAET as a provisional authority in Timor-Leste, the Government of Indonesia had committed itself unreservedly to open a new chapter and to foster strong bilateral ties with Dili, which had steadily strengthened after the full independence of Timor-Leste. In view of the commonality of interests and special historical and socio-cultural ties, the Indonesian Government had taken this task to heart in a sincere desire to mend past differences and genuine commitment to develop strings and forward-looking relations with Timor-Leste, based on trust and mutual respect. In accordance with the determination to develop strong bilateral relations with the Government of Timor-Leste, the Indonesian Government welcomed and supported the development of technical cooperation between the Office of the High Commissioner and the Government of Timor-Leste. Nevertheless, this cooperation should be strictly focused on Timor-Leste, i.e. the enhancement of the national capacity of the Government of Timor-Leste, aimed at supporting the Government's efforts in the promotion and protection of human rights in the new State.

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TEUKU SAMSUL BAHRI, of Catholic Institute for International Relations, speaking on behalf of International NGO Forum on Indonesia Development and Asian Forum for Human Rights and Development, recalled that the International Commission of Inquiry for East Timor had been established to investigate the atrocities committed in 1999 and had recommended that an international human rights tribunal should be established to bring perpetrators to justice. However, the Security Council had not followed the recommendation, but had preferred to rely upon national judicial systems. Investigations and prosecutions had begun in both East Timor and Indonesia. However, the small number of perpetrators brought to justice thus far indicated that the Commission's resolution had still to be fully implemented. The Commission should follow-up its resolution through continuing to support the Serious Crimes Unit in Timor-Leste and urging the Government of Indonesia to extradite those accused or indicted by the Serious Crimes Unit to face trial in Timor-Leste, to try all those who had been indicted by the Serious Crimes Unit in Indonesian courts or to agree to the establishment of an international human rights tribunal.

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