SUBCOMMISSION CONCLUDES DISCUSSION ON FREEDOM OF MOVEMENT, TAKES UP DEBATE ON RIGHTS OF CHILDREN

HR/SC/98/28
24 August 1998

Special Rapporteur Offers Preliminary Remarks on Terrorism and Human Rights


The Subcommission on Prevention of Discrimination and Protection of Minorities began its consideration this morning of the rights of children and youth, hearing a series of non-governmental organizations (NGOs) call for greater efforts to end child prostitution, abusive forms of child labour, and the widespread suffering of children caused by poverty and armed conflict.

A representative of Pax Romana charged that child prostitution was "more about adults than children" -- about lack of political will, lack of respect for children, lack of education and employment opportunities, particularly for girls, lack of police understanding and judicial action, as well as grinding poverty. She said it could be redressed in the short term, and that it was not necessary to wait until economic forecasts were brighter.

A spokesman for the International Institute for Peace said figures indicated that since 1987, at least 2 million children had been killed in armed conflicts while three times that number had been seriously injured or permanently disabled, and that women and children apparently accounted for over three-quarters of the victims of such conflicts.

Franciscans International called for debt relief for developing countries, saying the heavy payments were exacting a severe toll on the children of poor countries -- especially girls, who often were pulled from school because their parents could no longer afford even modest educational expenses.

Earlier in the morning, the Subcommission concluded its debate on issues related to freedom of movement, with a number of NGOs describing human-rights difficulties which led to population displacements.

The Subcommission also took up its agenda item on "review of further developments in fields with which the Subcommission has been or may be concerned", and under that rubric heard apologies from its Special Rapporteur on human rights and terrorism. Alternate expert Kalliopi Koufa said insufficient time, the lateness of her appointment by the Commission on Human Rights, and a lack of assistance had made preparation of a thorough report on human rights and terrorism in time for the Subcommission meeting impossible. She offered a few preliminary remarks -- noting, among other things, that there was still no firm definition of the terms "terrorism" or "act of terrorism" and still no common ground on whether such crimes carried out by armed groups acting outside State control were properly characterized as human-rights violations.

Subcommission experts or alternates Rajenda Kalidas Wimala Goonesekere and Ahmed Khalil also addressed the meeting.

The following NGOs spoke: Women's International Democratic Federation; World Muslim Congress; Survival International; African Association of Education for Development; Pax Romana; International Educational Development; International Institute for Peace; Franciscans International; Himalayan Research and Cultural Foundation; International Association for the Defense of Religious Liberty; World Organization against Torture; Children of the World; International Institute for Non-Aligned Studies; World Muslim Congress; International Association for Religious Freedom; and Association for World Education.

Observers for the following countries made formal statements: Egypt; Cyprus; Eritrea; Mexico; Cuba; and Iran. And Morocco, India, Turkey, Eritrea, Cyprus, Ethiopia, and Algeria spoke in exercise of the right of reply.

The Subcommission will reconvene at 3 p.m. to continue its debate on child rights and on matters of continuing concern to the Subcommission.

Documentation

Right to Freedom of Movement

Under this item, the Subcommission had before it a letter (E/CN.4/Sub.2/1998/35) dated 3 August 1998 from the Permanent Representative of Azerbaijan to the United Nations Office at Geneva, addressed to the Secretariat of the Subcommission. The letter provides information concerning refugees and internally displaced persons in the Republic of Azerbaijan. Further Developments in Fields with which the Subcommission has been or may be Concerned

Under this item, the Subcommission has before it in a note from the Secretary-General a review of further developments in fields with which the Subcommission has been or may be concerned (E/CN.4/Sub.2/1998/20). The review examines developments in the international covenants on human rights, including the Committee on Economic, Social and Cultural Rights; the Human Rights Committee; the Commission on Human Rights; the International Convention on the Elimination of All Forms of Racial Discrimination; the Committee Against Torture; the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; in effective implementation of international instruments on human rights including reporting obligations of States parties to the United Nations instruments in the field of human rights; and the International Convention on the Protection of the Rights of All Migrant Workers and their Families.

Under this item, the Subcommission has before it a memorandum (E/CN.4/Sub.2/1998/21) submitted by the International Labour Office which reviews further developments in fields with which the Subcommission has been or may be concerned. The memorandum examines: the adoption of the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up; ratification of the ILO conventions; application of conventions; adoption of new standards; situation of Arab workers of the occupied Arab territories; women workers; migrant workers; indigenous and tribal peoples; child labour; and collaboration with other international organizations. The report has in annexe the ILO Declaration on Fundamental Principles and Rights at Work.

Under this item, the Subcommission has before it a contribution (E/CN.4/Sub.2/1998/22) from the United Nations Educational, Scientific and Cultural Organization (UNESCO) which reviews further developments in fields with which the Subcommission has been or may be concerned. The contribution examines: the Convention and Recommendation against Discrimination in Education; the Declaration on Race and Racial Prejudice; the Declaration of Principles on Tolerance; the Declaration on the Responsibilities of the Present Generations Towards Future Generations; and Gender-related issues.

Under this item, the Subcommission has before it a report of the Secretary-General (E/CN.4/Sub.2/1998/25) on the views of the six human rights treaty bodies on the preliminary conclusions of the International Law Commission on reservations to normative multilateral treaties including human rights treaties. The Human Rights Committee had examined the ILC's preliminary conclusions at its sixty second Session. The five other human rights treaty bodies were in the process of examining the implications of the preliminary conclusions.

Under this item, the Subcommission has before it a note verbale (E/CN.4/Sub.2/1998/29) dated 9 June 1998 from the Permanent Mission of Iraq to the United Nations Office at Geneva, addressed to the Secretariat of the Subcommittee. The note verbale addresses the role of the British Government in the use of depleted uranium against the Iraqi people.

Under this item, the Subcommission has before it a note verbale (E/CN.4/Sub.2/1998/32) from the Permanent Mission of Iraq to the United Nations Office at Geneva addressed to the Secretariat of the Subcommission, entitled 'Post War Environment in Iraq'. The report examines various aspects of the impact of radiation weapons on health.

Under this item, the Subcommission has before it a letter (E/CN.4/Sub.2/1998/31) dated 21 July 1998 from the Permanent Representative of the Republic of Azerbaijan to the United Nations Office at Geneva, addressed to the Secretariat of the Subcommission. The letter provides information concerning illegal arms supplies from the Russian Federation to the Republic of Armenia between 1993 and 1996.

Under this item, the Subcommission has before it a letter (E/CN.4/Sub.2/1998/37) dated 11 August 1998 from the Permanent Representative of the Republic of Azerbaijan to the United Nations Office at Geneva, addressed to the Secretariat of the Subcommission. The letter transmits the decree by the President of Azerbaijan on additional measures to provide for freedom of speech, thought and information.

Freedom of Movement, Statements

AIDA AVELLA, of Women's International Democratic Federation, said more than 21 million persons had fled their lands to neighbouring countries, and more than 30 million were internally displaced, often because they were barred from fleeing abroad. Saharan refugees had been stranded in the desert for years; they were suffering greatly, especially the women, children and the elderly; health problems were frequent and growing; the Saharan people should have the self-determination referendum which was promised to them; Morocco must allow Saharans to have that right; it sometimes seemed the world had forgotten about them. In Colombia, there were many internally displaced persons, most fleeing from rampant violence -- murders, massacres, torture and death threats. While fleeing, the displaced underwent great deprivation and some died on the road. Black and indigenous communities were particularly affected by these upheavals; farmers were most affected; according to the United Nations Children’s Fund (UNICEF), one in 40 Colombians had been displaced. In Mexico the same pattern of paramilitary terror was developing as in Colombia, with large and purposeful displacement of civilians as a tactic of war. The United Nations must develop an organization or plan for internally displaced persons.

GHULAM MUHAMMAD SAFI, of the World Muslim Congress, said the objective of the violation of the right to freedom of movement by the Government of India in Jammu and Kashmir was to stifle the voice of the Kashmiri people. Representatives of the Kashmiri people had come to Geneva to present their case to the Commission on Human Rights and the Subcommission at great personal risk. Jalil Andrabi, a civil rights worker, had been "terminated" by the Indian authorities to stop him from travelling abroad. All types of reasons were used by the Indian authorities when questioned as to why Kashmiris were unable to leave India; technical hurdles were conjured up to ensure that Kashmiris remained confined to the four walls of the occupied territory of Jammu and Kashmir. Two Kashmiri leaders, Waiz Umer Farooq and Abbas Ansair had already boarded the plane on their way to the Organization of Islamic Conference summit in Teheran in December 1997 but had finally not been allowed to leave India. India had not allowed Ghulam Rasool Dar and Ghulam Nabi Shaheen to attend this session of the Subcommission though they had received their boarding cards. The Indian Mission in Geneva was trying to convince the world that the Kashmiris were only prevented from travelling on that particular flight. It was clear that India had a deliberate and well thought out policy to prevent Kashmiris from leaving the country.

LEONIE TANGGAHMA, of Survival International, said population transfer often was used as a political tool by Governments to maintain control over people and their lands; one example was the Indonesian Government's population-transfer programme; it was funded by international funding bodies such as the Asian Development Bank, and it moved people from the central islands to the outer islands such as West Papua, ostensibly to relieve overcrowding but also to force indigenous peoples off their land to make way for the migrants; population transfer also was used to make way for development projects; in Venezuela the 10,000 Pemon, Akawaio, Arawak, Warao, and Karia of Bolivar State were faced with displacement because of mining and logging by multinational companies; the indigenous peoples were not consulted and were concerned that multinational mining companies would target their land; the Venezuelan Government must recognize the indigenous peoples' right to land ownership. Another type of population displacement was caused by military activity where people were forced to flee in fear from the army; an example was West Papua where the Indonesian army attacked people living in the area; many victims had fled their villages and some had died as a result; those who remained were routinely beaten and the women were raped; the Subcommission must urge the Indonesian Government to stop these atrocities.

GHENNET GIRMA, of the African Association of Education for Development, said Africa was suffering from a growing number of displaced persons, and from the fact that refugees from the African continent were victimized by the repressive regimes they were obliged to flee and by the national laws of receiving countries in the north. European countries were closing their doors more and more, and those who had already arrived survived in very uncertain conditions. There was a need to verify if the national norms in European countries were living up to the 1951 and 1967 conventions. The United Kingdom and Switzerland, unlike other European countries, had different hierarchies for foreign residents and for refugees. To face and overcome racial prejudice and xenophobia, it was essential for migrants and refugees to participate in the local political life of their new home countries. The wars that were being waged in Africa were not in the interest of the continent; as a means of prevention, external forces had to abstain from upholding one force against another. Africa was going to face a disastrous crisis and the impunity of external powers needed to be studied. What Africa needed was tolerance and peaceful co-existence to overcome basic problems. It was the responsibility of the African group to be more alert and show concern for the suffering of the displaced in any region of the continent.

MOUNIR ZAHRAN (Egypt) said internal displacements and establishment of settlements were of concern in the Middle East; these activities gravely violated human rights; persons were unable to return to their homes; such problems also were occurring in Kosovo and Bosnia. If the world stood by while these violations occurred, there was a danger that whole populations would be destabilized; that was what was happening in the Israeli-occupied territories; people must be able to exercise their right to self-determination, and Israeli authorities were doing their utmost to prevent the Palestinian people from doing this; thousands had been displaced; settlements in the occupied territories had been built on their lands; the resulting suffering was similar to that of South Africans under apartheid. The Subcommission must call for an end to this destabilization policy in contravention of international human-rights standards and to international efforts to bring peace to the region.

PETROS EFTYCHIOU (Cyprus) said conflict situations were the major cause of displacement of populations. This was even more tragic because in many cases it was the result of the deliberate use of force. The issue of the human rights of refugees and displaced persons would only be assured if the right to return was accepted and practically ensured. Cyprus had first-hand experience of displacement; one third of the population had been expelled from their homes and forcibly prevented from returning to them. Almost 200,000 Greek Cypriots living in the area occupied by the Turkish army had been forced out of their homes, seeking refuge in the Government-controlled area. Turkey continued to occupy 37 per cent of the territory of the Republic of Cyprus. Twenty four years later, no displaced person had been permitted to return home, and property continued to be parcelled out to Turkish settlers. Turkey had hardened its position and had imposed additional restrictions on the Greek and Maronite Cypriots living in the occupied area. The illegal occupation regime had severed all bicommunal contacts and was now demanding recognition before consenting to even commence negotiations, prolonging the drama of all Cypriots and continuing the gross violations of their human rights. Cyprus was committed to a peaceful solution of the problem on the basis of United Nations’ resolutions.

ANDEBRHAN WELDEGIORGIS (Eritrea) said the Ethiopian Government had grossly violated the freedom-of-movement rights of Eritreans living in Ethiopia; over the last three months, the Ethiopian Government had arbitrarily expelled over 17,000 ethnic Eritreans and detained more than 2,000; the expulsions and deportations were carried out in a cruel and inhuman manner; the Subcommission must denounce this pernicious policy; it could constitute a crime against humanity within the framework of the draft declaration of gross and massive violations of human rights perpetrated on the orders of Governments or sanctioned by them as an international crime. Eritrea, meanwhile, was treating ethnic Ethiopians fairly; to his best knowledge there had not been mass deportations, arbitrary arrests or anything else carried out against Ethiopians in Eritrea; in any case, the International Committee of the Red Cross would look into the matter next week; the ICRC had been allowed to open an office in Asmara; the Ethiopian propaganda about maltreatment of Ethiopians in Eritrea was unfounded.

ALICIA ELENA PEREZ-DUARTE (Mexico) said that violence, tension, regional and inter-community conflicts generated the displacement of persons fleeing from these problems; these groups were at risk. Mexico had been involved with the duel aspects of this; it had taken in thousands of people fleeing their place of origin - the United Nations High Commissioner for Refugees (UNHCR) on many occasions had commended the plan for Guatemalan refugees established by the Mexican and Guatemalan Governments. The other aspect of displacement was Mexicans displaced by the conflict in the regions of Altos and Canadas in Chiapas; Mexico categorically denied that there was any attempt to eliminate any part of the population. The Federal Government recognized that the poverty of some groups of the population was aggravated when they were forced to flee their homes. The main thing was to solve the problems stemming from the displacement of populations and this the Government had tried to do, even though some of the displaced persons had refused Government assistance. Recently, an agreement had been reached to provide food assistance and housing to returning groups. More than 56 per cent of the Government budget went to social needs. The only lasting solution was to bring peace to the region - this was the reason the Mexican Government emphasised dialogue.

MINELIK ALEMU (Ethiopia) said there had been forced displacement of Ethiopians as a result of the unprovoked aggression by Eritrea against Ethiopia; Eritrean forces invaded the Tigray and Afar regions in May, killing and injuring civilians and forcing hundreds of thousands to flee; in addition, many thousands of Ethiopians were being expelled from Eritrea after being beaten, robbed, and in some cases raped; the number of those displaced inside Ethiopia had reached 200,000 persons; there also was large-scale destruction of Ethiopian infrastructure. Despite these provocations, Ethiopia was trying to maintain a healthy relationship between the two peoples; in light of the barbarities committed by the Eritrean Government it should be clear to all in the meeting that the whining by Eritrea in its statements was a desperate attempt to cover up its own criminal act of massive population displacement.

Rights of Reply

NACER BENJELLOUN-TOUIMI (Morocco), speaking in right of reply, asked if when there was a dispute being considered by the United Nations, it was normal that some non-governmental organizations could give their name to a party to the conflict when that party had other means of expression? With regard to allegations made by the International Association of Jurists (IAJ), he wondered if they were really jurists given the lack of rigour in what they had said. Morocco had been attacked with regard to its relationship with UNHCR; the Secretary-General had just published a report on the establishment of UNHCR's office in Morocco. The IAJ had said that people from the Sahara had not been able to visit their refugees in the camps; Baba Sayed, one of the main former representatives of the Polisario, had said that the situation in the camps was so terrible that people did not actually want to visit the camps.

RAJAMONY VENU (India), speaking in right of reply, said two NGOs had claimed that Ghulam Rasoool Dar and Ghulam Nabi Thukar were being prevented from attending the current session of the Subcommission; some NGOs had circulated a memorandum and petition asking that these two be allowed to attend; but there were no restrictions whatsoever on the travel of these individuals to Geneva; that fact had been widely reported in the Indian press and was well-known to the individuals themselves and to the NGOs spreading those false allegations; the statements by the NGOs were yet another instance of baseless propaganda against India carried out by a clutch of NGOs in support of the political and territorial agenda of a neighbouring country; India categorically rejected the allegations.

BULENT MERIC (Turkey), speaking in right of reply, said the process and issues raised by Subcommission expert Francoise Jane Hampson had taken place under the pressure of terrorist organizations. Ms. Hampson had been involved in the preparation of files. The number of internally displaced persons in Turkey had never been as large as had been alleged. Turkey was taking punitive measures against the officials involved in the cases raised by Ms. Hampson, and the victims would be compensated. The Government was undertaking steps to allow people to return to their villages. The representative of Cyprus had wrongly levelled his criticisms. Northern Cyprus fell into the jurisdiction of its own Government. South Cyprus was a centre of money laundering because of the laxity of immigration policies; before criticising others they should put their own house in order.


ANDEBRHAN WELDEGIORGIS (Eritrea), speaking in right of reply, said Ethiopia had subjected the Subcommission to pathological lies for the past three weeks; on the other hand Eritrea had provided facts, based on reliable third-party reports, of gross violations of Eritreans by Ethiopia. There were over 20,000 ethnic Eritreans routed from Ethiopia; it was an insult to human dignity and to the international community; the Subcommission must ask itself, "Why not Ethiopia?" Justice delayed was justice denied; the Subcommission must rise up to its responsibilities and call Ethiopia to justice.

PETROS EFTYCHIOU (Cyprus), speaking in right of reply, said that Turkey, with a standing army larger than the population of Cyprus, had turned 200,000 people into refugees and had implanted more than 100,000 of its own citizens inside Cyprus. Turkey had established a pseudo-state in Cyprus and had promptly recognised it. Turkey's actions constituted both an invasion and an occupation. The allegations of Turkey against Cyprus could not be the truth, as many international reports had commended the efforts of the Government of Cyprus. Turkey had shown no respect to the territorial integrity of Cyprus; bearing this in mind, the representative felt that the way that Turkey had spoken to him was of no importance.

MINELIK ALEMU (Ethiopia), speaking in right of reply, said Eritrean authorities had a manifest contempt for the international community; they had carried out an unprovoked invasion of Ethiopia; they twice had bombed civilians in Ethiopia, targeting among other things an elementary school; they had deported Ethiopians living in Eritrea, routing them in a dehumanizing manner, including rapes; they had not protected the rights of civilians in armed conflict; the Subcommission should call on Eritrea to respect international human-rights norms; it should not allow a dangerous precedent to be set.

MOHAMED HASSAINE (Algeria), speaking in right of reply, said it wanted to reply to what the Moroccan representative had said concerning an NGO's allegations on the camps in the Sahara. These camps were in Algerian territory. Algeria had always welcomed refugees from Africa, as well as from European and Latin American countries. He recalled that these camps were regularly visited by UNCHR, and there was a permanent office of the ICRC in the camps.

Rights of the Child and Youth, Developments in Fields with which the Subcommission has been or may be Concerned, Statements

ILKA BAILE-WIEBECKE, of Pax Romana, said child prostitution was more about adults than children; it was about lack of political will, lack of respect for children, lack of education and employment opportunities, particularly for girls, lack of police understanding and judicial action, as well as grinding poverty; child prostitution was a violation of children's rights which could be redressed in the short term; it was not necessary to wait until economic forecasts were brighter; all must say loudly and clearly that poverty was not the reason for child prostitution; at least not the sole reason. Child labour also needed effective action now; in Punjab, India's second-richest state, there was no precise data on child labour, but children were a pool of pliant, cheap labour that served to keep adult wages down; one estimate put the total at 1.64 million children; if there was political will to do so, such injustices could be ended. A memorandum of understanding signed by the garment industry in Bangladesh according to which 10,000 child labourers under 14 were put in special schools and received a stipend was an example of a responsible action to combat this problem; a similar approach had been taken by the soccer-ball industry in Pakistan; models like this should be duplicated.

MICHAEL BAUMGARTNAR, of International Educational Development, said this was a joint statement with the Humanitarian Law Project, the International Forum for Accessible Science, CONTINUUM, GaIA Trust, HEAL United, and Action Positive Switzerland. The newly released policy statement by UNAIDS, the World Health Organization (WHO) and UNICEF on 'HIV and Infant Feeding' was concerning. Children born to mothers expected to be carriers of HIV were at risk of being deprived of their most important source of health: the milk of their mother. The whole policy report lacked scientific references. WHO, UNICEF, and UNAIDS themselves had pointed out the importance of breast feeding; to suggest that mothers should, under certain circumstances, refrain from breast-feeding their new borns should only be done after thorough examination of all necessary data. Up to December of last year, the Weekly Epidemiological Record issued by the CDC listed at most 14 cases of alleged mother to child transmission in two African countries, with a total of 140 reported cases in all of Africa. WHO and UNICEF were invited to elaborate and study HIV, together with a number of independent scientists and experts; this was imperative to solve the AIDS problem and prevent unnecessary suffering and death.

PANKAJ BHAN, of the International Institute for Peace, said the sufferings of children in armed conflicts were a matter of great concern; since 1987, at least 2 million children had been killed while three times that number had been seriously injured or permanently disabled; women and children apparently accounted for over three-quarters of the victims of armed conflicts in over 50 countries. The main victims of air bombings in Afghanistan, Chechnya, Cambodia, the former Yugoslavia, and other "hot spots" were women and children; it was estimated that there were 85 to 115 million landmines buried in 68 countries, and children often were the victims of these weapons. Terrorism was yet another scourge; it was a cult of the gun and the kind of proxy war being fought in the Indian part of Jammu and Kashmir by a neighbouring country, and the chief victims, those who suffered most, were children. If they were not hurt or killed themselves, they suffered mightily if a parent was killed or if the family had to fl
ee the violence; the scars lasted a lifetime.

JOHN QUIGLEY, of Franciscans International and the Dominicans, in conjunction with the International Catholic Migration Commission, said that international debt was a serious obstacle to human development, forcing the world's most impoverished counties to use scarce resources to pay their debts rather than invest in the well-being of their children. Heavily indebted countries had higher rates of infant mortality, disease, illiteracy, and malnutrition than other countries in the developing world. If Governments invested in human development rather than in debt repayment an estimated 3 million children would live beyond their 5th birthday. International efforts to restructure the debt burden of the poor nations had had devastating effects on these countries. The World Bank and the IMF's debt reduction plan HIPC Initiative was a good idea but it was not enough. The organizations asked that the unpayable debt of the heavily indebted poor counties be cancelled, that the HIPC Initiative be improved through a series of measures; that debt cancellation be linked with investment in human development; and that the structure of international financial relations be changed to a framework for fair and free relationships between debtors and creditors.

SHARAD K. SONI, of the Himalayan Research and Cultural Foundation, said there were rampant abuses of child rights in south Asia at the hands of religious extremists, armed terrorists and mercenaries in Jammu and Kashmir; these forces sponsored by Pakistan had forced children and youth to enroll themselves for arms training and also to serve as messengers and conduits for carrying arms and explosives; girls suffered even more in terms of gender violence, sexual abuse and exploitation; it already was known that Pakistani-sponsored terrorist attacks had claimed thousands of lives; this year alone about 200 had been killed, many of them children. Not even schools were safe; hundreds had been burned and destroyed; the intent was to force children to attend fundamentalist schools. The Subcommission must put pressure on Pakistan to stop its terrorist activities in Jammu and Kashmir and to protect the rights of children and youth there.

W.GONG, of the International Association for the Defence of Religious Liberty, said that the genocide against minority peoples in Burma had a grave impact on children and youths. The Burmese army committed atrocities against minorities such as the Karen, Karenni, Chin and Shan; children were often shot on sight by the Burmese army, used for forced labour, conscripted into the army and subjected to direct abuse. The widespread rape of minority women by Burmese soldiers also extended to children and youth. The army also used both children and adults for forced labour: the youngest children taken for road and railway building were usually aged 8 or 10 while the youngest taken for heavy portering duties were usually 12 year old boys and 14 year old girls. Most of the Burmese army's recruits were currently obtained through forced conscription or coercion. In schools run by the Burmese regime, all teaching had to be in Burmese, and no other languages were taught or allowed to be spoken. Crimes against humanity were taking place throughout Burma, and the minority peoples of Burma were bearing the main burden of the atrocities. The United Nations should be encouraged by the Subcommission to put pressure on the Burmese regime to end the atrocities they were committing against the young minority peoples of Burma. The High Commissioner for Human Rights, Mary Robinson, was also called on to take an active role in tackling the problems of the young people among Burma's minorities.

MS. MELO, of the World Organization against Torture, said torture was often inflicted upon children; over the last six years, the organization had systematically reported on such abuses; the number of cases was growing, unfortunately; two Honduran street children had been shot and injured last year by a car driving past; no one had been charged; in Mexico City this past April, about 20 street children were eating and being looked after by volunteers from a Mexican agency when police arrived and beat them, then loaded them into a bus, where witnesses saw police kicking them; the children were charged with damage to private property and resisting arrest; until now, Mexican authorities had not initiated any legal action against the policemen involved. Last October, Saudi authorities had taken three Pakistani children and their mother into custody; the children were held separately from their mother and in May were still being held, their whereabouts unknown. The Subcommission and relevant Special Rapporteurs should mainstream children's issues and invite States to further encourage institutions to monitor the conditions of detained minors. The Subcommission should also take appropriate measures to eliminate torture.

A. KAMAROTOS, of Children of the World Human Rights, drew the attention of the Subcommission to the situation in Afghanistan, Iraq, Uganda and Sudan. Human rights developments and the rights of children were particularly concerning in Afghanistan. Girl children were being denied access to hospital treatment and to education. The recent expulsion of humanitarian organizations by the Afghani Government would only worsen the situation. In Iraq, the child mortality rate had doubled. The organization denounced the embargo on Iraq which, far from helping to resolve political questions, had hit the poorest levels of civil society and especially children. In Uganda, the ongoing violations against children in the north of Uganda, including kidnapping, imprisoning and torture, were particularly concerning. In Sudan, thousands of children were dying from malnutrition and disease. Hundreds of orphans were abandoned and condemned to death from indifference. No reason could justify the sacrifice of thousands of innocent human lives.

GOVIND NARAIN SRIVASTAVE, of the International Institute for Non-Aligned Studies, said child workers existed in all parts of the world, underdeveloped and developed; child workers abounded in Nepal, Pakistan, India, Brazil, Tanzania, Cuba, and even in Italy; the International Labour Office estimated that there were around 250 million child labourers and at least 120 million
between the ages 5 and 14 working full-time; children had lost their moorings as family structure collapsed under the weight of economic transformation; child labour often was forced on families just to enable them to eat and survive; the answer did not lie in advice or sanctions but in cooperative action to enable people in poor countries to combat the problem; NGOs had helped raise large amounts of money to carry out this battle, in Italy and in India -- where in 70 poor villages all children were enrolled in school as a result -- and in Pakistan, where a "partner's agreement" had been signed to gradually eliminate child labour in the production of soccer balls. These examples were a ray of hope; they helped children to stay in school; total elimination of child labour and realization of the right to education required a concerted effort from all quarters - NGOs, industries, parents, teachers and the political will of Governments.

GHULAM M. SAFI, of the World Muslim Congress, said that while it was a common saying that children were our future, it was almost impossible to imagine what consequences this saying was having on the children of Indian-occupied Jammu and Kashmir. It was a fair bet that when the children of the area grew up, they would also be infected with the troublesome disease called freedom; the Indian-occupation forces had set about to obliterate this from the Kashmiri character. There were details of violence being used by the Indian Occupation Forces against Kashmiri children. Amnesty International had written to the Government of Kashmir concerning detention of children in the State, but had received no answer.

AYMEE HERNANDEZ QUESADA (Cuba) said some 30 years ago, the country had embarked on a path of social change to provide opportunities to all; titanic effort was being conducted in the country to ensure that despite the unjust economic embargo being imposed against Cuba by the United States, health and education standards there were approaching the levels of developed countries; child mortality had been reduced; despite the economic crisis, 98.8 per cent of children under the age of 2 were protected against 10 diseases; school attendance through age 16 was over 94 per cent. In Cuba, children did not have to work to survive, despite claims made this morning by an NGO; unfortunately that was not the situation elsewhere in the world, where poverty caused great suffering among children; many grew up without education; many were victims of the diversion of Government budgets towards the arms race. The Subcommission must continue to pay attention to the problems of children.

ALI KHORRAM (Iran) said that united action in the promotion and protection of the rights of children would contribute to securing propitious conditions for enjoyment by all of civil, political, cultural, social and economic rights. One of the most critical areas of concern was sexual exploitation of children which had become a transnational crime. The magnitude of the crisis called for concerted international response, including the early conclusion of the negotiations on the draft optional protocol to the Convention on the Rights of the Child. The draft optional protocol needed to establish the broadest possible protection and be as specific as possible in defining the obligations of States in the area of sale of children, child prostitution and child pornography. Erosion of family cohesion and values played a significant role in protection of children; no State could replace the family in providing the moral, social and financial support for children.

KALLIOPI KOUFA, Subcommission alternate expert, said insufficient time, the lateness of her appointment by the Commission on Human Rights, and a lack of assistance from the human-rights Secretariat, had made preparation of a thorough document in time for the Subcommission meeting impossible. Some States clearly had been uncomfortable with the proposed study, and that helped to more accurately identify the controversial issues involved; there were in fact basic disagreements. At the outset, there were issues of definition and terminology that had to be clarified -- what was an act of terrorism, for example? Particular crimes, including crimes subject to international treaties for their suppression and punishment, such as hijacking and kidnapping, were commonly referred to as "acts of terrorism", as were bombings aimed at civilians. International humanitarian law included specific prohibitions against the use of terror or terrorism, but did not provide a clear definition of all such acts, and the terms "terror" and "terrorism" were not referred to in human-rights treaties. There also was the question of whether certain acts committed by terrorists, or members of armed groups acting outside the State's control, were properly characterized as human-rights violations; no State seemed in doubt that terrorist acts were deserving of condemnation, however, or that the perpetrators needed to be punished, but a number of States did question whether this could or should be accomplished through application of international human-rights law -- the question was complex and raised issues concerning individual criminal responsibility under international law.

Today terrorism was not one terrorism but many terrorisms, Ms. Koufa said; she hoped to grapple with the issues in depth in a substantive preliminary report to be presented next year.

RAJENDRA KALIDAS WIMALA GOONESEKERE, Subcommission expert, said everyone could daily see how terrorism took its toll on people. Terrorism could be recognized whenever it raised its head. The question was: what recommendations could be made by an international body to prevent terrorism in daily life. Ms. Koufa had correctly pointed out that it was time to recognize that individuals and groups were capable of violating human rights. He was particularly concerned with how attempts by States to prevent terrorist attacks could result in a slide towards violations of human rights on the part of the society concerned as well as on the part of the terrorists. Extraordinary measures undertaken by Governments were sometimes justified on the grounds of the inability of criminal law to effectively deal with terrorists. However special measures could be abused and temporary measures could become permanent. Until terrorism was defeated, it was necessary to ensure that States did not derogate from human rights standards.

AHMED KHALIL, Subcommission alternate expert, said he hoped the Special Rapporteur would receive full cooperation next year from all concerned; he thought the framework for the paper proposed by Ms. Koufa was well-envisioned and deserved support.

G. ROSSI, of the International Association for Religious Freedom, said that the Subcommission and various United Nations bodies should be thanked for their efforts to achieve religious freedom. There were still States that were opposed to an essential dimension of the freedom of religion: the freedom to change one’s religion. They condemned to death persons who changed their religion despite the provisions of article 18 of the Universal Declaration of Human Rights which implies the freedom to change religion. At the dawn of the 21st century, it was unacceptable that Member States of the United Nations adopted or maintained legislation that provided the death penalty for people who exerted a fundamental human right. In 1948, only Saudi Arabia provided the death penalty for those who changed their religion. Since 1948, other states such as Mauritania and Sudan had also provided the death penalty for apostasy. The Subcommission should consider a study that would demonstrate clearly the difference between the true teachings of religions and the mistaken deviations of fanatic movements. For example, the position of the Islamists who preached the death penalty for apostasy was in clear contradiction with the principles of Islam.

DAVID LITTMAN, of the Association for World Education, said religious intolerance and terrorism were increasingly related; the world had failed Rwanda; it was necessary not to fail Sudan today or to fail to thwart the genocides of tomorrow; Sudanese were at risk of starvation; a Chairman's text on the humanitarian situation in Sudan should be adopted; he was afraid that institutional selectivity could affect the reputation of the Subcommission and thus weaken the impact of its resolutions; if actions were not taken to indicate to specific States that their actions were reprehensible, all were on a slippery slope to non-action and the bell would toll for all. In the case of Algeria, there was a need to analyse justifications where Islamic law was a pretext by some Islamic movements for terrorist acts; in the conflicts between Palestinians and Israelis, one also found historic, religious, and political arguments used to legitimize terrorist acts. If anything, the ideological tendency had worsened. Efforts to undermine the legitimacy of the ideological basis of terrorism must go hand in hand with swift moves to settle outstanding conflicts.