31 NON-GOVERNMENTAL ORGANIZATIONS ADDRESS SUB-COMMISSION ON TERRORISM, WOMEN AND SLAVERY

Sub-Commission on the Promotion
and Protection of Human Rights
54th session
15 August 2002
Afternoon



The Sub-Commission on the Promotion and Protection of Human Rights continued this afternoon with its consideration of specific human rights issues, including women and human rights, terrorism and contemporary forms of slavery.
Thirty-one non-governmental organizations addressed the Sub-Commission, raising their concerns about systemic and massive violations of human rights in specific countries and regions relating to contemporary forms of slavery, women's human rights as well as human rights violations as a result of anti-terrorist measures.
One non-governmental organization, Minnesota Advocates for Human Rights, said the roots of violence against women were complex and related to women's traditionally subordinate role. No country was immune from the plague, which resulted in such offences as discrimination and harassment, domestic violence, sexual trafficking, and rape. Strong patriarchal cultures and negative stereotypes combined with the priority given to economic issues continued to block improvements in security and equality for women.
The Organization for the Elimination of All Forms of Racial Discrimination stressed that in the absence of an international definition of terrorism that distinguished it from resistance as a legitimate right to defend oneself - every country gave itself the right to define terrorism in the manner that suited its interests and its temperament at any ruinous and tragic cost for others. The definition of terrorism as opposed to legitimate self-defence had become a concern of supreme urgency and duty for the Sub-Commission.
A representative of the United Nations Population Fund told the Sub-Commission that following the decision of one Member State to deny funding to UNFPA for reproductive health services, the consequences would be the failure to prevent 2 million unwanted pregnancies; nearly 800,000 induced abortions; 4,700 maternal deaths; nearly 60,000 cases of serious maternal illnesses and a total of more than 77,000 infant and child deaths.
Other non-governmental organizations referred to the proliferation of small arms and small weapons; violence and sexual exploitation of women in armed conflicts; the responsibility of the State in protecting respect for human rights; the need for democracy; forced labour and child labour; traditional practices harmful to the health of women and children; weapons of mass destruction and the use of depleted uranium; and the situation in Jammu and Kashmir.
Representatives of the following non-governmental organizations addressed the Sub-Commission: Agir Ensemble pour les Droits de l'Homme; the International Confederation of Free Trade Unions; the International Commission of Jurists; the International Organization for the Elimination of All Forms of Racial Discrimination; Amnesty International; the American Association of Jurists; the Afro-Asian Peoples' Solidarity Organization; the Indian Council of Education; the Transnational Radical Party; Centre Europe - Tiers Monde; International Educational Development; the International Institute for Non-aligned Studies; Korea Women's Association United; the World Federation of Democratic Youth; the Asia-Japan Women's Resource Centre; the Inter-African Committee on Traditional Practices affecting the Health of Women and Children; the Catholic Institute for International Relations; Interfaith International; the World Muslim Congress; the International Association for Democratic Lawyers; the International Human Rights Association of American Minorities; the Himalayan Research and Cultural Foundation; Liberation; the World Organization against Torture; the International Islamic Federation of Students Organizations; the Union of Arab Jurists; the European Union of Public Relations; Pax Romana; the African Commission of Health and Human Rights Promoters; and the Consultative Council of Jewish Organizations.
The Sub-Commission will reconvene at 10 a.m. on Friday, 16 August to finish its debate on specific human rights issues and to conclude its fifty-fourth session.

Statements on Specific Human Rights Issues
Mr. BETTAH, of Agir ensemble pour les droits de l'homme, said serious irregularities had marred recent elections to the Bar and other members of the National Order of Lawyers of Mauritania. Principles of independence and freedom from political pressure had been violated, along with fair-trial principles as they related to the defense of members of the political opposition. Pressure exercised during the elections had been intense, including through the Public Justice Service. There had been irregularities in the direction of the elections, also. The secrecy of the casting of votes had not been respected. There had been violations of laws against fraud and forgery.
An investigation was to be carried out into the elections. The Sub-Commission, to defend the independence of the judiciary, should send a message to the Mauritanian authorities stressing that relevant international principles should be respected in the country.
MARIE-THERESE BELLAMY, of the International Confederation of Free Trade Unions, brought up the report of the Working Group on contemporary forms of slavery as it related to women and children. There were new and insidious forms of slavery, it was stressed, and the Sub-Commission was informed about several different situations of slavery in conditions of forced labour. Migrants and asylum seekers were particularly vulnerable in this context, and were often forced to work in unsafe environments without any regard for labour standards. The International Confederation of Free Trade Unions pointed towards human rights violations in several countries in the European Union. It was highlighted that homeless children were often exploited in forced labour and prostitution in several Western European countries. The Confederation supported the recommendations of the Working Group, particularly those stressing the responsibility of States and their role in preventing forced labour through cooperation and the implementation of legal measures.
SERGIO POLIFRONI, of the International Commission of Jurists, said the International Commission of Jurists had produced a report on terrorism and human rights. It agreed with the High Commissioner for Human Rights that an effective strategy for countering terrorism should be based on respect for human rights. Human rights should not be violated whatever the ends. Numerous States had adopted anti-terrorism measures that were not in compliance with international law. The Human Rights Committee had stated that any measures adopted in connection with Security Council Resolution 1373 should be strictly in compliance with international human rights obligations.
Among the most common practices introduced were vague or misleading definitions of "terrorism". Other questionable practices were the improper use of military courts and the setting up of quasi-judicial bodies to deal with terrorism suspects. Standards for deprivation of liberty, extradition, and refoulement had been violated. Some countries were using "anti-terrorism" measures, although there was no real threat, to suppress freedoms of expression and association and to silence legitimate political opposition. A mechanism or procedure should be set up to monitor anti-terrorism measures for compliance with international law.
ABDALLA SHARAFEDDIN, of the International Organization for the Elimination of All Forms of Racial Discrimination, said that one of the worst things that befell human groups could be the manipulation of their perceptions in such a deviant way that they misconceived the common good and shared values among them and others. A media campaign had been carried out to brainwash many people into incriminating legitimate resistance to appear as terrorism, while presenting serious destructive terrorism as so called self-defence. The Palestinians, whose land and homes had been occupied, had nothing to defend themselves with other than the throwing of stones. Now, their only weapon was to blow themselves up. The media campaign today was not reflecting the reality in the region, and was convincing people that the people who were fighting for their rights were mere criminals.
In the absence of an international definition of terrorism that distinguished it from resistance as a legitimate right to defend oneself, every country gave itself the right to define terrorism in the manner that suited its interests and its temperament at any ruinous and tragic cost for others. The definition of terrorism as opposed to legitimate self-defence had become a concern of supreme urgency and a duty for human society.
MELINDA CHING, of Amnesty International, said Amnesty International had documented many cases in which small arms and light weapons had been involved in deliberate or reckless violence, killings, and unwarranted injuries, including abductions, hostage taking, mass and arbitrary arrests, enforced disappearances, forced recruitment, torture, cruel treatment, rape, sexual slavery, forced displacement, and violent breakups of peaceful assemblies. Studies had shown that the proliferation of small arms and light weapons in many countries had contributed to misuses of such weapons; patterns of supply and dissemination involved uncontrolled global markets and well as countless local markets.
All small arms and light weapon transfers should be included in a UN register; loopholes disguising such transfers, as through third States, should be closed; and national laws should conform to relevant international law and standards. Amnesty International strongly recommended that the Commission on Human Rights approve the Sub-Commission's request to appoint a Special Rapporteur on the topic of small arms and light weapons.
ABBA SALEK EL HAISSEN, of the American Association of Jurists, drew the attention of the Sub-Commission to the situation in the Western Sahara. Much emphasis was placed on the role of women and the results that had been achieved in terms of education. Women's rights were making tremendous progress in the Western Sahara despite Morocco's occupation of the region. However, several women still knew nothing of what had happened to their relatives, children and husbands. The Government had failed to investigate the situation and provide the answers so desperately needed. The Sub-Commission was urged to pay attention to the situation in the Western Sahara, particularly that of women, and to send a human rights investigator to the region.
The American Association of Jurists also denounced the murders of street children in Latin America. The situation of homeless children in this region must be a concern to all. In this context, the situation of Bruce Harris was highlighted. He had played a particularly important role in the fight for the street children in Guatemala and needed the assistance of the Sub-Commission in his upcoming court case.
CHIP PITTS, of the Minnesota Advocates for Human Rights, said the roots of violence against women were complex and related to women's traditionally subordinate role. No country was immune from the plague, which resulted in such offenses as discrimination and harassment, domestic violence, sexual trafficking, and rape. In the regions of Central and Eastern Europe and the Commonwealth of Independent States, implementation of protection instruments lagged dramatically behind the standards of human-rights instruments. Strong patriarchal cultures and negative stereotypes combined with the priority given to economic issues to block improvements in security and equality for women.
In countries experiencing military conflict, a terrible reciprocal dynamic existed between the conflict and violence against women. Rape was now recognized as a crime against humanity when used as a war crime. Many women and girls in post-conflict countries had been trafficked; news stories also recently had revealed that some UN peacekeepers and humanitarian workers in such countries frequented bars that sexually exploited women and girls. Domestic violence fed on negative stereotypes and was frequently not punished by law-enforcement and justice systems. Sex discrimination and harassment in the workplace also was widespread. The Sub-Commission should further study the problem of violence against women.
TAHIR NASEEM MANHAS, of the Afro-Asian People's Solidarity Organization, said the expression of sovereign will of the people though free and genuine elections, together with the enjoyment of human rights and freedom of expression and association, was the main pillar of the relationship of mutual dependence between human rights and democracy. In Jammu and Kashmir, it was an unfortunate but well-known fact that the most extensive and shocking violations of human rights had been perpetrated by terrorist groups armed, trained and financed by Pakistan.
The Sub-Commission was urged to impress upon Pakistan and the practitioners of the Kalashnikov cult who were patronized by it, as well as the political leadership of Jammu and Kashmir, to respect the inalienable right to democracy of the people of the state and to cooperate in the creation of a peaceful and secure environment conducive to the holding of free and fair elections. This would have a positive impact on the entire region of South Asia where military dictatorships on one hand and extreme left-wing revolutionary movements on the other, continued to pose a serious threat to the promotion and consolidation of democracy.
A.S NARANG, of the Indian Council of Education, said the practice and principles of democracy were progressively spreading worldwide. It was noteworthy that societies like Japan and India which had allowed democracy to mature on their soils with the help of popular participation had not only maintained stable governments but had also worked out an ability to sustain changes of government and provide conditions for the exercise of human rights. In India, movements for separation and secession had come and gone in different parts of the country, persisted in some, and not taken place in most parts. Autonomous areas had been easily accommodated within the Indian federal framework. There was every reason to believe that similarly, in Nepal, Bangladesh, Sri Lanka, and with some efforts, Pakistan, there could be progress in establishing democracy in coming years.
This was what had happened in Africa, where because of the persistence of poverty, disease and civil conflicts, people had seen democracy as a viable alternative to military Governments. What was required now was sustained encouragement for emerging democracies and sustained support from the international community.
ROUSTAM SEMEEV, of the Transnational Radical Party, said the Transnational Radical Party was alarmed about the heinous violence going on the Republic of Chechnya. Only the term genocide could describe what was going on since more that two generations of Chechnyans had lost their lives. Another form of genocide was the establishment of 'screening camps' which were very similar to concentration camps. Women and children were the main victims of the situation in Chechnya. There were even reasons to fear that organs were being removed from detainees. Large parts of the population had become internally displaced people and were vulnerable to diseases, including tuberculosis. This was a humanitarian crisis, the Party stressed. The immigration service of the Russian Federation had stated that refugee camps would be closed and the main United Nations activities in the region had been suspended. The Party expressed its disappointment that a resolution had not been adopted in the last session of the Commission on Human Rights. The Sub-Commission was urged to do all in its power to start negotiations in the region, and to see that an international human rights mission investigated recent events in the region.
MALIK OZDEN of Centre Europe - Tiers Monde, said the fight against terrorism was raising major issues of respect for human rights. Many violations were occurring. United States President George Bush had signed a decree creating a special military jurisdiction allowing secret arrests, secret trials, even secret executions. Fair trial principles also did not apply in various other United States anti-terrorism measures. There were problems with legislation in some European countries, too, and protections for refugees and migrants were not always being respected.
The Security Council in its resolution 1373 on combatting terrorism, meanwhile, had violated the standards of the UN Charter. In addition, the Security Council had enshrined impunity for certain State officials who had committed illegal acts. The United States, for its part, flouted the UN and its standards. Sub-Commission Expert Kalliopi Koufa should carry out a study on the underlying causes of terrorism.
JONATHAN SOZEK, of International Educational Development, drew the attention of the Sub-Commission to the devastating effects of the use of weapons containing depleted uranium. Many of the weapons used by States violated existing international humanitarian law norms and must be therefore considered illegal and banned. The users of such weapons must be held legally liable for their consequences, which included a duty to compensate and a duty to clean up. Regarding the use of depleted uranium weapons, scientific research clearly supported a finding that their use would constitute genocide, given the tetragenic and gene-destroying effects of these weapons. The Sub-Commission was urged to request that Mr. Sik Yuen prepare an expanded paper. In this way, the Sub-Commission might be informed about initiatives now under way involving both scientific studies and on the ground investigations.
International Educational Development strongly supported the work of Ms. Koufa on terrorism and human rights and stressed that the only way to eliminate terrorism was the full realization of human rights, including the right to self-determination.
D.R. SAINI, of the International Institute for Non-Aligned Studies, said many areas of women's rights still had to find a place in the statute books of many nations. For example, the right to an equal share in parental inheritance still remained one of the least recognized and implemented human rights in Third World countries in Africa and Asia. In the tribal system, the chiefs were mostly men who owned or dictated the use of land; women could labour but had little control over the produce when the harvest was collected. Women also faced tremendous discrimination from religious rules on inheritance rights. In Islamic societies, once girls were married, their parental properties were willed to sons or male descendants and relatives. They could not even approach the courts in their personal capacities.
A priority for advancing women's rights was education. Literacy rates were invariably lower for women, and that had tremendous socio-economic implications. Affirmative action definitely was needed to ensure an adequate presence of women in higher education, managerial jobs and political leadership. International advocacy and rational politics could only gain strength by supporting women's causes and getting women's support in return.
YOUNG AE YAMASHITA, of the Korea Women's Association United, drew the attention of the Sub-Commission to the problem of the 'comfort women' again, the long-overdue issue of Japanese military sexual slavery. The Japanese Government had forcibly abducted and mobilized Asian girls from their countries for the purpose of military sexual slavery. More than 10 years had passed since non-governmental organizations had began their work on this issue. Regrettably, Japan still denied its legal responsibilities and had been refusing to abide by its legal responsibilities under international law.
The Women's International War Crimes Tribunal had given a final judgement and the verdict 'guilty' to Emperor Hirohito and other high-ranking officials of the Japanese military and government of the crimes of rape and crimes against humanity through the military sexual slavery. As survivors were getting old, it was urgent that the Japanese Government must apologize and pay reparations while they were alive.
MOHAMMED ARIF ANJAKIA, of the World Federation of Democratic Youth, said each of the undemocratic regimes to assume power in Pakistan had tried to project its legitimacy. In each case, a military dictator had usurped power by ousting the incumbent elected government and claimed that he would rid the country of corruption and introduce good governance. Elections in Pakistan were due in October 2002, and under the given conditions they would only put in place a subservient democracy. A hunt for an obliging or subservient Prime Minister was under way. It was furthermore amusing to note that each undemocratic regime in Pakistan had received Western support; in doing this, Western democracies willingly trampled underfoot the democratic, pluralistic aspirations of Pakistanis. Many international observers were known for their partisanship in giving clean ratings to rigged and abused elections in Pakistan that helped install favoured regimes or Governments.
The Sub-Commission was urged to impress upon Pakistan's military regime that the salvation of the country lay in unconditional, free and fair elections so that the three organs of the State functioned independently and without discrimination.
MINA WATANABE, of the Asia-Japan Women's Resource Centre, drew the attention of the Sub-Commission to the Women's International War Crimes Tribunal on Japan's military sexual slavery held in Tokyo in December 2000. This People's Tribunal had made an important contribution to the development of international law, particularly regarding sexual slavery and gender-based violence in armed conflicts. The women who suffered as 'comfort women' demanded that justice and dignity be restored to them.
The Centre requested the help of representatives of Governments to bring about justice, so that the Government of Japan would change its political will and make a greater contribution to justice under international law. Members of the Sub-Commission were urged to adopt a resolution to continue the report of the High Commissioner for Human Rights on systematic rape, sexual slavery and slavery-like practices during armed conflicts as long as the violence against women in armed conflicts continued.
Ms. RASWORK, of the Inter-African Committee on Traditional Practices Affecting the Health of Women and Children, speaking on behalf of the International Movement for Fraternal Union Among Races and Peoples, said harmful traditional practices had no justification in any religion despite the misconceptions which existed mainly due to ignorance. No continent or human society could claim to be free from such practices, and measures undertaken to redress the situation remained minimal and nominal. It was regrettable that Governments of countries where women were systematically mutilated or married early by force, or where they were burned alive, abducted, or enslaved through arranged marriage, failed to provide the Sub-Commission's Special Rapporteur with adequate information.
It also was worth asking why issues relating to women, and even affecting their right to life, received the least and last Government attention. The Special Rapporteur had not even been provided with the minimum facilities for fulfilling her mandate. Her important proposals for holding three regional seminars and carrying out country visits had not been implemented. The Sub-Commission should examine seriously the reasons for the non-implementation of the proposals and decisions made on traditional practices affecting the health of women.
MOHMAD ABDULLAH RAINA, of the Catholic Institute for International Relations, said child labour was a universal phenomenon. In some areas of the world, the situation had become worse during the last 13 years. The centuries old tradition of producing carpets, shawls, wood work and paper machine goods had always been a source of income for large sections of different populations. However, the industrialists that exploited poverty of people had always exploited children. Child labour had assumed alarming and menacing proportions in Kashmir since 1990 because of the violence and armed conflict. The killing of thousands of breadwinners had forced children to work for a living and to support their families. They worked under harmful conditions and faced long-term physical, intellectual and emotional stress.
The Sub-Commission was urged to ask the Government of India to provide all the possible financial support to enable the state government to take measures to reduce and gradually eliminate the curse of child labour in Kashmir. The state government must be made responsible for the improvement in the working conditions and the provision of basic education and training to the children.
MOHMAD ABDULLAH RAINA, of Interfaith International, said the appalling situation in Kashmir had hit Kashmiri women hard. They suffered humiliation due to intrusive search operations and wanton destruction of property and there were cases of gang rapes by security forces; there were lost opportunities for socialization; there was the problem of marriage when thousands of young men had been killed; there was the lack of educational institutions because so many had been destroyed.
Illiteracy rates for women were higher than for men under these severe conditions, and they lacked economic opportunities even if they were qualified. A dress code forced upon women by one group had curtailed whatever freedom they still enjoyed. The Sub-Commission was urged to impress upon India and Pakistan that they must create conditions or free, fair and secure elections and restore an atmosphere conducive to beginning a serious dialogue for settlement of the problem of Kashmir.
MUHAMMAD SARAF, of the World Muslim Congress, said the following issues needed serious consideration in the endeavour to understand the sources, causes, and strategies against terrorism from a human rights perspective. A comprehensive definition of terrorism was essential. The absence of consensus on this issue was indeed sad. Also necessary was identification of all forms and manifestations of terrorism, perpetrated by individuals, groups and even States. It was important to draw a distinction between legitimate political dissent and resistance movements and the heinous acts of terrorism. It was important to reject all efforts and notions to associate any religion or people with terrorism. The issue of cross border terrorism needed to examined in detail. The one sided assertions of occupying powers that they were victims of cross border terrorism must be accepted at face value.
In this context it was pointed out that the people of Kashmir who lived in an atmosphere of State repression migrated from one side of Kashmir to others. Their right of displacement or migration must not be confused with cross border infiltration. The international community was urged to resolve conflicts of international nature through means of dialogue and diplomacy.
OSAMU NIKURA, of the International Association of Democratic Lawyers, said he had beside him Yutaka Ohashi, who came from Japan to claim redemption for what he had lost through maltreatment by history. Recruited as an engineer in World War II, he had been purged out of a later job as a communist, sentenced to prison for distributing a flier, and most recently hit by the earthquake of 1995. The Supreme Court of Japan had ruled in 1965 that the dismissal of supposed communists was a consequence suggested by General MacArthur, and that the Court was not in a position to examine its validity, as Japan had accepted the Potsdam Declaration as a pledge of unconditional surrender. Obviously, freedom of thought was violated. Such groundless dismissals still affected the fates of the victims. Many were disqualified from receiving public pensions.
Following Mr. Ohashi's dismissal, his family was dispersed and he was sent to prison for distributing a flier pointing out that under a programme for Police Reservation Forces Japan was planning disguised re-armament. The charge was abusive and the sentence excessive. A Special Rapporteur should be sent not only to Japan but to other States where victims of the same kind suffered from persecution or improper treatment.
SYED YOUSAF NASEEM, of the International Human Rights Association of American Minorities, said it was sad that despite world-wide efforts to prevent violence against women, females continued to suffer grave violations, from within their homes to their victimization in armed conflicts. Each year the Sub-Commission was informed of gross and systematic violations in occupied Jammu and Kashmir. It was ironic that world conscience continued to remain unmoved by these grave violations. Suffering had gone unabated. Nevertheless, Kashmiri people would continue to challenge the world conscience by unmasking the violations of Kashmiri peoples' basic rights, including those of women. The Indian military, paramilitary forces and renegades were using rape as an instrument of war. Over 8,000 Kashmiri women had been raped in the last decade. Rape was being used to demoralize the Kashmiri nation. The stigma affected entire families and communities. How could the international community let this saga of victimization of innocent women and children continue?
K. WARIKOO, of the Himalayan Research and Cultural Foundation, said terrorist attacks had escalated since 11 September, and it was not incidental that most of these attacks were carried out by the Al Qaeda network or related groups, some of which had rechristened themselves after having been listed as terror organizations by the United States. These jehadi terrorist groups still operated from outside Afghanistan, and conflicts in Asia were being stoked by their efforts to seize territory, overthrow legitimately elected Governments, destroy life and property, and threaten peace. In Jammu and Kashmir in India, these Islamist terrorist organizations had intensified their attacks, targetting political activists, women and the Hindu, Sikh and Gujjar minorities. There had been many deaths. Hindu minorities in Jammu and Kashmir continued to be the main target of suicide attacks by the terrorists.
The issue of trans-border terrorism had to be dealt with in all seriousness and urgency, and the Sub-Commission should call for concerted steps to be taken to destroy terrorist groups and their bases.
HESUK SONG, of Liberation, said diverse forms of sexual violence along with rape during war and armed conflicts had been repeated in history and had grown worse, yet, the system of sexual slavery during armed conflict had never been brought to justice in a clear manner. Indeed, the inclusion in the International Criminal Court statute of special provisions on rape and sexual assault as well as the verdicts of the International Criminal Tribunals for the former Yugoslavia and Rwanda were a significant step for the protection of women's rights and for the end of the cycle of violence against women in armed conflicts.
In the context of 'comfort women', Liberation called on the Sub-Commission to urge the Japanese Government to respect the Special Rapporteur's recommendations and to take all necessary steps to implement them. Victims of 'the comfort station system' were still suffering from immense physical damage and psychological trauma. Without having sincere recognition and due reparation from those responsible, their dignity would never be restored.
JOANNA BOURKE, of the World Organization against Torture, said trafficking in women remained a serious problem in Uzbekistan, where each year hundreds of women and girls were coerced or deceived into leaving the country in search of employment and then trafficked for purposes of prostitution. Trafficking of women and girls in and through Greece for use as cheap, unregulated labour or work in the sex industry was reportedly a serious and growing problem; victims were generally detained in prison pending deportation for immigration offenses. Governments and intergovernmental institutions should take effective steps to end trafficking and to ensure protection of the human rights of the victims.
Honour crimes were a grave issue, and in many parts of the world they went unpunished. The Sub-Commission's relevant Special Rapporteur should actively take up the issue in her work. Meanwhile women in Sudan and Nigeria had been victims of corporal and capital punishment including stoning and whipping to death. In Nigeria the practice of stoning women to death for alleged adultery appeared to be on the increase. The Sub-Commission should address the issue of gender application of corporal and capital punishment.
SHAMIM SHAWL, of the International Islamic Federation of Student Organizations, said protection of women and girls from all forms of sexual violence, especially during armed conflict, must be a major priority for the international human rights community. International protection was essential in the prosecution and arrest of all those involved in such heinous crimes. Rape and sexual exploitation of women and girls in the State of Jammu and Kashmir by the Indian Security Forces took place in a climate of impunity. The government of India had besieged the occupied state of Jammu and Kashmir and the international community was not being given the access to the occupied territory which otherwise would expose the brutal, colonial face of the so-called Indian democracy. The international community must discharge its charter obligations in the best interest of humanity and prevail upon India to open the territory up to the international community and humanitarian relief workers. Only adherence to international standards could effectively end the use of rape and sexual exploitation as a weapon of subjugation and humiliation and the impunity with which these crimes were committed.
ELIAS KHOURI, of the Union of Arab Jurists, said the issue of the use of weapons of mass destruction and indiscriminate effect had been considered in connection with the situation in Iraq. There were serious negative effects from weapons containing depleted uranium against Iraq during the Gulf War; some 300 tons of these weapons had been dropped on Iraq; the particles from the explosions polluted the air and got into the food chain. Cancer and genetic mutations were the result. There were indications that the United States knew of these dangerous effects even before using these weapons, and used them nonetheless, and hence had exposed 60,000 of its own soldiers to what was now known as "Gulf War syndrome". When a Government was committed to violating human rights, evidently the result was that it even violated the human rights of its own soldiers.
The Sub-Commission should conclude its study on such weapons; it must take measures to prevent the planned aggression against Iraq; and it must study the effects of the pollution of Iraq as a result of the use of depleted uranium weapons.
SHRI PRAKASH, of the European Union for Public Relations, said one of the hot spots in the world where issues of terrorism, counter-terrorism and human rights were very much in focus today was the 'disputed' region of Kashmir. It had been argued in certain quarters that the scourge of terrorism in this strife torn region could only be eradicated if its root causes were addressed. Some of these root causes were: the existence of military dictatorship during most of Pakistan's existence; the lack of legitimacy of Pakistan's Government; Pakistan's unresolved crisis of national identity and its belief that people belonging to different religions could not live together in a modern nation State; the Talibanization of Pakistan; and the failure of Pakistan's leadership to build a tolerant and inclusive society.
If, indeed, the military government of Pakistan was serious about tackling the root causes of terrorism in Jammu and Kashmir, it was suggested that Pakistan accept the fact that the accession of the state of Jammu and Kashmir to the Indian Union was complete and irrevocable; vacate its illegal occupation of Pakistan Occupied Kashmir; formally renounce the use of terrorism as an instrument for the covert attainment of foreign policy objectives; give up its policy of nuclear blackmail; and welcome the holding of free and fair elections in Indian administered Jammu and Kashmir.
JOHNNY SAVERIO, of Pax Romana, said the principle of self-determination was vital to the promotion and consolidation of democracy. Self-determination was a process rather than an outcome; there could not be effective democracy without the effective participation of all peoples in the democratic process, which meant that all people had the right to decide on their form of Government, to participate effectively in decision making, and to exercise their cultural economic, social and political rights. Self-determination at its core simply meant that human beings should be in control of their own destinies.
States where the voters registered amounted to no more than 30 per cent of the whole population, where the ruling party dominated power, and where all State institutions suppressed the opposition and the press, even if called "democracies" raised questions of the right to self-determination. This was the case today in Kenya and Zimbabwe, to mention but a few countries. The Sub-Commission should give due respect to the principle and right to self-determination, take the issue into its mainstream agenda, and carry out a study to promote a better understanding and broader application of the principle.
KASHINATH PANDITA, of the African Commission of Health and Human Rights Promoters, said that the report on terrorism and human rights, though dealing with aspects of terrorism in a broad perspective, also raised some questions, which the Special Rapporteur might want to address in the future. The question of accountability of the non-State actors needed to be dealt with in detail. Very often, these actors tried to justify their acts of terrorism by accusing the State of complacency in addressing social, economic or political issues. This was not tenable because the system did provide them with a corrective process if they were disposed to make use of it. When democratic states brought in proper legislation to cope with the menace of terrorism, obviously this was done because of an inadequacy of existing constitutional and legal provisions to meet unforeseen exigency.
It was also necessary for the international community to address the question of extradition of suspected militants from their places to the countries where they were wanted in connection with acts aimed at disrupting international peace and consequent violation of human rights. It was hoped that the Special Rapporteur would elucidate these aspects of the question of human rights and terrorism in her future work.
DANIEL KINGSLEY, of the Consultative Council of Jewish Organizations, said the first argument put forward in favour of a declaration on human responsibilities was that the Universal Declaration of Human Rights (UDHR) did not properly balance rights against duties, and the implication was that the UDHR did not take duties seriously and that the rights within the UDHR were unconstrained and risked abuse through irresponsible use. But the UDHR did envisage that the rights set out within it would not be unconstrained, and recognized that there would be circumstances in which duties to others meant that rights must be curtailed. Another argument was that the UDHR assigned rights without morality, and that to do that was dangerous. But the very concept of human rights was underpinned by a strong moral and ethical code grounded in the common concern for other humans simply because they were human.
To create a declaration of human responsibilities to stand beside the UDHR, meanwhile, would imply that the Declaration was incomplete and could not stand by itself, and risked abuse of State power, as States could use a declaration of human responsibilities as a way to find reasons for failing to live up to international standards on human rights by using allegations that people had failed to live up to their responsibilities and hence were not entitled to their human rights.
SAFIYE CAGAR, of the United Nations Population Fund, said UNFPA was committed to strengthening national capacities to integrate reproductive health, population and gender concerns into the making of policy and the planning of relevant action. The UNFPA worked in 142 developing countries to educate women who were poor, uneducated and without access or power to influence the decisions that affected and even controlled, their lives. The evidence from decades of reproductive health programmes had shown that these programmes had saved the lives of countless women and infants and improved their quality of life, and significantly reduced the incidence of abortion worldwide. Everyone was aware of a recent decision by a State member to deny funding to UNFPA for reproductive health services. Sadly, this would significantly curtail and even discontinue such life-saving UNFPA services for millions of women and children worldwide. The consequences would be the failure to prevent 2 million unwanted pregnancies; nearly 800,000 induced abortions; 4,700 maternal deaths; nearly 60,000 cases of serious maternal illnesses and a total of more than 77,000 infant and child deaths. The representative also congratulated Ms. Warzazi on her comprehensive report and told the Sub-Commission of UNFPA's close cooperation with the Office of the High Commissioner for Human Rights.



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