THIRD COMMITTEE
AGENDA ITEM 109: REPORT OF THE UNITED NATIONS HIGH COMMISSIONER
FOR REFUGEES, QUESTIONS RELATING TO REFUGEES, RETURNEES AND
DISPLACED PERSONS AND HUMANITARIAN QUESTIONS
STATEMENT BY
MR. ANDRAS DEKANY
REPRESENTATIVE OF HUNGARY
NEW YORK
NOVEMBER 9, 1995
Mr. Chairman,
Let me state first that my delegation fully subscribes to the statement made under this item by the Spanish Presidency of the European Union.
The daunting challenges confronting the international community at this historic juncture, complex and multifaceted as they are, have one common denominator: to ensure to the people on this Planet freedom, security and prosperity. The humanitarian dimension is gaining ground in the perception of policy-makers together with the realization of the need for comprehensive strategies and integrated response-mechanisms. We pay a personal tribute to the High Commissioner, Mrs. Sadako Ogata not only for efficiently bringing humanitarian concerns into the political mainstream, but also for her outstanding leadership in promoting international protection, the cause of the uprooted millions. Her vision in devising an implementing UNHCR's three-pronged strategy of preparedness, prevention and solutions, with a strong country of origin focus and emphasizing prevention has our full support.
Today, when protection and assistance has to be provided to more than 27 million people of concern to the High Commissioner's Office, with the actual number of refugees - due to UNCHR's consistent efforts in voluntary repatriation diminished to 15 million, - a new paradigm of protection-oriented towards solutions has to be developed, as proposed by the High Commissioner, in accordance with fundamental protection principles reflected in international instruments, and within the conceptual framework of a comprehensive approach to forcible displacement. We are well aware of the difficulties the High Commissioner has to face when advocating strategies which could pre-empt refugee - producing situations: the varying degree of international and internal consensus and, respectively, of political commitment by a wide-range of different parties and actors, incremental institutional response-mechanisms with different and often colliding agendas and priorities, the relative absence of media and public interest or donor fatigue. Through a vigorous pursuit, however, for the respect of universally accepted humanitarian principles and norms of international humanitarian and human rights law, an enhanced cooperation with different arms of the UN machinery, first and foremost in the political, peacekeeping and human rights field, an evolving cooperation with regional organizations and the NGO community important advances can be made in this direction, while preserving the essential humanitarian mandate of the Office.
Mr. Chairman,
The challenges of protection always begin at home. Massive and systematic violations of human rights often degenerate into bloody internal armed conflicts, where even the elementary respect for humanitarian law is lacking. We fully concur with the High Commissioner that human rights violations constitute a major cause of forcible displacement, which in turn, Even by its sheer magnitude can pose a threat to regional and international stability and security. Preventive activities of UNHCR in countries of origin, its cooperation with UN political and human rights mechanisms, as well as with regional arrangements are therefore of primary importance. But first of all governments themselves are best equipped to shoulder their own voluntarily undertaken obligations and responsibilities to ensure the full enjoyment of human rights arid fundamental freedoms for all under their jurisdiction. The plight of millions of refugees and internally displaced persons is a tragic reminder that we should be more vigilant in detecting the abuses and coming up with a commensurate international response. We are firmly convinced that the activities of UNHCR and the integrity of the core humanitarian principles of asylum and non-refoulment are fully compatible with international efforts to prevent human rights violations, to secure the prevalence of the rule of law. International presence in the countries of origin have both a preventive and a confidence-building aspect, involving urgent humanitarian relief to the uprooted millions, assistance in strengthening democratic institutions, promoting dialogue and securing respect for human rights and humanitarian law including through on-site monitoring, as embodied in the notion of preventive protection. We welcome therefore the evolving cooperation between UNHCR and the High Commissioner for Human Rights, the relevant human rights treaty-bodies and the Special Procedures of the Commission on Human Rights. We trust that the decision on the appointment of an Assistant High Commissioner for Policy, Planning and Operations, as well as the upcoming review of UN emergency assistance activities pursuant to the resolution of ECOSOC will result in a better coordinated UN early-warning, quick response and crisis-management capacity, where the political, peacekeeping, human rights and humanitarian components of UN operations will have a mutually reinforcing role.
Access to humanitarian victims, Mr. Chairman, has been increasingly difficult, due to the blatant disregard for elementary standards of humanitarian law. The civilian population often became the main target of military campaigns, while security in the refugee camps became fragile and relief workers risked their lives daily to deliver the necessary humanitarian assistance. We welcome the thoughtful and careful use of military assets by UNHCR in relief operations, and the innovative solutions permitting to preserve the integrity of humanitarian action. At the same time it our firm conviction that all those who commit violations of humanitarian law should be held individually responsible and accountable. The International Tribunals on the former Yugoslavia and Rwanda are there to serve as examples of an efficient deterrent to all those who commit genocide, ethnic cleansing and other serious violations of human rights and humanitarian law.
Interim arrangements, like temporary protection cannot be in the long run viable substitutes for voluntary repatriation, as the most sustainable durable solution, embedded in a broader process of post-conflict rehabilitation. We welcome the important achievements in this regard, notably in Africa and some parts of Asia. While countries of origin have primary responsibility for creating conditions enabling refugees to return in safety and dignity, the effective implementation of UNHCR's protection mandate regarding returnees remains essential in securing their reintegration and self-reliance. Reintegration and rehabilitation activities, besides promoting the process of social and economic recovery should also encompass, in our view, the restoration of the rule of law and democratic institutions, the creation of the necessary guarantees for the full enjoyment of human rights and fundamental freedoms. In monitoring and assisting the reintegration process, besides UNHCR, United Nations human rights mechanisms and - as case may be - regional human rights organizations have an important role to play. Voluntary repatriation or refugee-resettlement should not lead however forcible changes in the traditional ethnic composition of different regions, thereby exacerbating tensions, even less to legitimizing the results of ethnic cleansing.
Mr. Chairman,
As a neighboring country, Hungary is directly affected by the humanitarian situation on the territory of the former Yugoslavia. Healing the wounds stemming from acts of unspeakable brutality is a formidable challenge that not only interested governments, international organizations, but communities and individuals have to live up to. With the prospect of peace in sight, there is hope that this arduous process, if underpinned by firm institutional and legal guarantees and adequate rehabilitation efforts succeeds. We look forward to the important role to be played by UNHCR within the context to be established by the peace process. It is essential that the peace agreements have, as their integral part, the human rights and humanitarian dimension and given the complexity of the situation on the ground, they have to contain not only sets of human rights and humanitarian principles that are to be respected, including the right to return. and respect for minority rights, but provide for effective monitoring mechanisms by relevant international organizations.
My delegation gave a detailed account on our refugee policy at the last session of the Executive Committee of the High Commissioner's Program. Hungary continues to give shelter to thousands of asylum-seekers ,fleeing intimidation, persecution and ethnic cleansing in Bosnia-Herzegovina and in Serbian-controlled parts of Croatia. With their majority is accommodated in the homes of private Hungarian citizens, due to the most recent influx of mostly Bosnian refugees, it became necessary to make additional efforts with a view to upgrading the receiving facilities and infrastructure. Our sincere appreciation is due to Mrs. Sadako Ogata and UNHCR, to the EU, individual donor countries and relief organizations for supporting our humanitarian efforts.
Mr. Chairman,
Since this year Hungary provides the Chairman-in-Office of the Organization for Security and Cooperation in Europe, let me briefly refer to the development of a genuinely cooperative relationship between OSCE and UNHCR on both political and operational levels. The establishment of a consultative mechanism of target-oriented meetings on major humanitarian operations following the Budapest meeting last February between OSCE and humanitarian agencies not only did enable the Chairman-in-Office to participate actively in the regular dialogue with humanitarian organizations, but created a framework, whereby the conflict-prevention and crisis-management capacities of the OSCE have been organically linked to the humanitarian operations of UNHCR and other relief organizations. Since both OSCE and UNHCR will probably have important tasks assigned to them in the implementation of the political settlement in the former Yugoslavia, their mutually reinforcing capacities can be further enhanced by cooperating in creating stable conditions allowing the safe return of refugees and internally displaced persons, in promoting the establishment of democratic institutions, in strengthening the rule of law, in monitoring the observance of human and minority rights.
May I conclude, Mr. Chairman, by paying tribute to the truly heroic and noble efforts of UNHCR and other humanitarian organizations. The plight of millions in distress is truly matched by their devotion and courage. Hungary remains committed to support the High Commissioner and her Office in shouldering their challenging but most humane responsibilities.