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COMMISSION BEGINS CONSIDERATION OF WOMEN'S RIGHTS AFTER CONCLUDING GENERAL DEBATE ON CIVIL AND POLITICAL RIGHTS
05 April 2005
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Commission on Human Rights
AFTERNOON
5 April 2005
Chairperson of Commission on Status of Women Addresses the Commission
The Commission on Human Rights this afternoon began consideration of its agenda item on the integration of the human rights of women and a gender perspective, including violence against women, by hearing a presentation by the Chairperson of the Commission on the Status of Women, after concluding its general debate on civil and political rights.
At the beginning of the meeting, China protested that a person claiming to represent the non-governmental organization "A Woman's Voice International" had brought "police instruments" into the conference room, which had constituted a security threat to all present. He requested that the United Nations Security Section undertake a comprehensive investigation into the incident. Also, since the incident demonstrated a lapse on the part of security, he said United Nations Security should immediately carry out a careful and serious security check of all personnel and individuals entering the hall. China would report the incident to the Committee on Non-Governmental Organizations in New York. Cuba supported the position of China.
A Representative of the Secretariat said that after this morning's incident, security had immediately led the person in question out of the room, conducted an investigation of the instrument, and prepared a preliminary report. The electrical device was secured, the individual was escorted to the United Nations gate, and his pass was confiscated. At the end of the meeting, the Secretariat read out a statement from the non-governmental organization which had sponsored the individual in question, expressing regret over the incident.
Addressing the Commission as it began its consideration of women's rights, Carmen Maria Gallardo Hernandez, Chairperson of the Commission on the Status of Women, said that the Commission on the Status of Women had been working for interaction and coordination among commissions, and had recognized the value of the increasing attention paid to the issue of violence against women. The Commission had carried out collaborative work to that end with the Special Rapporteur on violence against women.
The Commission also concluded its general debate on civil and political rights, hearing presentations by 29 non-governmental representatives, who raised concerns about violations of civil and political rights, including the rights to freedom of religion and belief, freedom of expression and opinion, freedom of assembly, freedom from torture, arbitrary arrest and detention and extrajudicial, summary or arbitrary executions, and conscientious objection among other issues.
Representatives of the following non-governmental organizations addressed the Commission: North-South XXI; Japanese Workers Committee for Human Rights; World Union for Progressive Judaism; Pax Christi International; International Educational Development; International Rehabilitation Council for Torture Victims; War Resisters International; International League for Human Rights (speaking on behalf of Human Rights Council of Australia); Netherlands Organization for International Development Cooperation; Rural Reconstruction Nepal; International Islamic Federation of Student Organizations; Canadian HIV/Aids Legal Network; International Alliance of Women; Anti-Slavery International; International Human Rights Association of American Minorities; Interfaith International; United Nations Association of San Diego; Becket Fund for Religious Liberty; Anti-Racism Information Service; Worldview International Foundation; Asian Forum for Human Rights and Development; Reporters Without Borders; World Muslim Congress; International Association of Democratic Lawyers; African Society of International and Comparative Law; International Union of Socialist Youth; Philippine Human Rights Information Centre; Organization of African Trade Union Unity; and American Civil Liberties Union.
Making statements in exercise of the right of reply under the agenda item on civil and political rights were the Representatives of Burkina Faso, Bangladesh, Togo, Colombia, Armenia, Thailand, Eritrea, Azerbaijan, Iraq, Nigeria and the Philippines.
The Commission will reconvene at 10 a.m. on Wednesday, 6 April, to continue its consideration of women's rights.
Presentation by the Chairperson of the Commission on the Status of Women,
CARMEN MARIA GALLARDO HERNANDEZ, Chairperson of the Commission on the Status of Women, said the Commission on the Status of Women had been coordinating its work concerning women. It had also collaborated in its work with other organizations and mechanisms. The Special Rapporteur on violence against women had also contributed to the work of the Commission. The work of the Commission aimed at eliminating violence against women and respecting their human rights. In that area, the Commission and the Special Rapporteur had carried out collaborative work. Because of its experience, the Commission was able to provide information on the status of women to other organizations and mechanisms.
On 22 March this year, the Commission had concluded its session after completing its 10-year review of the implementation of the Beijing Declaration and Programme of Action. During the session, it had evaluated the implementation of the Beijing Declaration and Programme of Action and the final declaration of the 23rd special session of the General Assembly. The evaluation of the implementation was made at the national level, and number of non-governmental organizations and national governments had participated in the session. There were six high-level panel discussions and at the end of the session a declaration had been adopted affirming the goals of Beijing and the Special Session while highlighting synergies between them and the international development goals, including the Millennium Development Goals.
General Debate on Civil and Political Rights
WENCESLAO MANSOGO ALO, of Nord-Sud XXI, said he wished to denounce the assaults, barbarous acts and torture being carried out in Equatorial Guinea. The dictatorship had no limits and was one of the cruellest existing in the world today. The brutality of the regime overshot the limits of human understanding. About three years ago, the regime had falsely accused him of cooperating with political dissidents, and he had been detained for five weeks in prison. He had been treated as an animal. He had not been issued an arrest warrant, but had been taken and held with other people with no water or shelter. He had experienced the treatment of other prisoners, one of whom had died from the result of torture. Moreover, he had fallen ill to malaria and had not been treated. The horror could only be compared to a concentration camp. The prisoners had suffered harassment of every kind, including inhuman and degrading treatment. A young woman had been handcuffed and left bound for three days with no relief or food. The situation in that country merited special attention.
AKIRA MAEDA, of Japanese Workers Committee for Human Rights, strongly welcomed the report of the Special Rapporteur on the right to freedom of opinion and expression. Serious violations of the right to freedom of expression were still a widespread phenomenon in all regions of the world. He drew attention to the Horikoshi case as a typical example of violations of the right to freedom of expression. Tokyo Metropolitan Police had arrested Akio Horikoshi who was a public employee in Tokyo on 3 March 2004. He had distributed the Akahata newspaper to neighbours near his home on a holiday. The newspaper had carried an article opposing the war against Iraq. The Police explained that the arrest was based on the National Public Employment Act, which prohibited any political activities of public employees. According to the Act, all public employees should refrain from political activities anywhere and anytime, including holidays. He had been detained for three days in Daiyo-Kangoku - a special detention cell in Japan.
DAVID LITTMAN, of World Union for Progressive Judaism, said the most essential and basic human right was the right to life, and it had been argued last year for this basic human right to be included in the controversial resolution entitled defamation of religions. Democratic States, free peoples and individuals should make it crystal clear that they would never surrender to vile threats from those who brazenly justified their killing sprees in the name of Allah, thus threatening the entire world with their grizzly crimes against humanity under the guise of a Nazi-like world jihad ideology. This culture of hate and death should be outlawed both by the Organization of the Islamic Conference and the international community.
TREVOR GRIFFITHS, of Pax Christi International, said he wished to express grave concern regarding the newest indictment against Mordechai Vanunu in Israel - the whistleblower who had disclosed that Israel was stockpiling nuclear weapons. Whatever one's opinion of the legality of his original actions was, it was clear he had paid for them quite fully. It was also clear that most of his sentence had been served under conditions constituting psychological torture. Of particular concern were the administrative restrictions placed upon him since his release in April 2004, and the current indictment for violation of those restrictions. He had not been permitted to leave Israel, or to start his life anew. He had been forbidden to speak to any foreigners, yet he had spoken out to foreign reporters and human rights networks about the dangers of nuclear proliferation and nuclear accidents in the Middle East, including Israel. For this he had been arrested twice, and was now threatened with imprisonment. This treatment constituted a serious violation of the freedoms of speech and movement.
KAREN PARKER, of International Educational Development, said the group had brought several situations of State terrorism to the attention of the Commission for many years, especially that of India in Indian-occupied Jammu and Kashmir and that of China against political reformists, namely Falun Gong practitioners and ethnic nationalities such as Tibetans and Uighurs. While the Kashmir situation was now subject to some bilateral talks between Pakistan and India, the international community was reminded that this was not a bilateral issue but, according to the Security Council, an issue for the Kashmiri people alone to decide through a United Nations-administered plebiscite. The Kashmiri people were owed the right to self-determination.
CAMELIA DORU, of International Rehabilitation Council for Torture Victims, said torture had devastating effects, often breaking the human person forever. Therefore it was crucial to offer rehabilitation to torture victims and their families to try to repair the damage. In young democracies, this was a precondition for social reconciliation and democratic development. However, the Commission should be aware of the sad fact that most victims did not obtain reparation for the torture they had suffered. The adoption of the Commission at this session of the proposed basic principles for reparation to victims was therefore strongly supported. It was also hoped that a positive external review of the functioning of the Voluntary Fund for Victims of Torture would now result in an urgently needed significant increase in the number of countries contributing funds.
ABRAHAM MEHRETEAB, of War Resisters International, said his organization had conducted a preliminary survey of Eritrean conscientious objectors, and had learned that there were thousands of conscientious objectors and deserters in the country. However, the right to conscientious objection was not recognized by the present Government. Arbitrary detention, torture, deployment at the front line, and forced labour had been common means of punishment for deserters and objectors. Relatives of deserters were also threatened. Although it was difficult to know exact numbers, thousands were evading military service, objecting by various means including fleeing the country under military dictatorship. Many asked for political asylum in other countries. The Commission should take note of the continuous violations against conscientious objectors, and take further measures to ensure they received asylum protection in accordance with the Geneva Convention or Status of Refugees. The Special Rapporteur on the freedom of religion or belief was also requested to investigate the situation of conscientious objectors in Eritrea. The Government should release all conscientious objectors, recognize the right to conscientious objection, and introduce alternative service compatible with conscientious objection.
ANDREY KUVSHINOV, of International League for Human Rights, speaking on behalf of Human Rights Council of Australia, said in recent years, many countries in Eastern Europe and the former Soviet Union had introduced legislation which regulated alternative civil service for conscientious objectors to military service. That development was considered as a significant step towards securing the right for conscientious objectors. However, those laws often set up conditions for alternative civil service, which effectively made it a punishment for conscientious objectors. In the Russian Federation, the length of the alternative civil service amounted to 42 months. That was the longest periods of such service in the world and was almost twice the length of the military service in Russia.
MUFTI MAKARIM AL-AKHLAQ,of Netherlands Organization for International Development Cooperation, said although the practice of involuntary disappearance had not been considered a serious concern to the Government of Indonesia, practices of involuntary disappearance were continuing in areas such as Aceh and West Papua, as well as other conflict areas. Victims and relatives demanding justice and accountability had made various efforts to that end, but to no avail. The Commission should urge the Indonesian authorities and the Indonesian National Commission on Human Rights to investigate cases of involuntary disappearance and should bring the perpetrators to justice. Moreover, the international community should participate in monitoring the process of resolving these cases.
ARJUN KARKI, of Rural Reconstruction Nepal, said that he was seriously concerned about ongoing violations of civil and political rights, including arbitrary arrest, torture, illegal detention, restriction on the freedom of expression, and the ban on political activities in the country. Human rights organizations reported that the daily toll of killings had increased from six to 10 per day since the declaration of the state of emergency on 1 February. More than 3,000 individuals had been arrested, including 30 journalists and 45 human rights defenders, and 227 people had been killed. There was no democratically elected structure in the country, and the rule of law had collapsed. The Commission should appoint a Special Rapporteur on the situation in Nepal, and create an international monitoring mechanism. The international community should also guarantee protection to the people of Nepal, and to their political leaders, human rights defenders, journalists and peace activists; end impunity; and create an enabling environment to restore the rule of law and lasting democratic peace by fostering dialogue and reconciliation among key political actors.
SABA KOUKAB, of International Islamic Federation of Student Organizations, said despite international laws to prohibit torture, many prisoners of conscience continued to be tortured in dark and cold cells and detention centres all around the world. The report of the Special Rapporteur on torture which focused on the necessity to restrict the production and trade of torture-related equipment and technology was indeed welcoming, especially when viewed in the context of global conflicts, particularly in Indian-occupied Kashmir. Political murders, enforced disappearances, kidnappings, rape, forced displacement of populations and many other forms of socio-political violence were all part of that unfortunate land.
PHILIPP BRAUN, of Canadian HIV/Aids Legal Network, said lesbians, gay men, bisexuals and transgender (LGBT) people were entitled to civil and political rights. The fight against the criminalization of gay men and lesbians began more than 100 years ago with the LGBT movement. The example set by Germany demonstrated how societies could change and overcome extreme discrimination and prejudice. On all continents, LGBT people continued to have their rights to free speech, association, privacy, liberty, freedom from torture and even to life itself infringed by States and private actors. Many Special Rapporteurs and treaty bodies had repeatedly underlined the obligations of States to prohibit discrimination on the grounds of sexual orientation or gender. The Commission should recognize the human rights of LGBT people and States should uphold their duty to protect people from discrimination on the grounds of sexual orientation and gender.
SAMIRA YASSNI, of International Alliance of Women, said that her presentation represented the last hope for thousands of women and children who were being held hostage in POLISARIO military camps. Several forms of abuses occurred in these camps, including threats to physical and moral dignity through arbitrary and abusive imprisonment and restrictions on the freedoms of expression and movement. The horrifying reality of the military junta, and the extent of their disdain for the international community, had been concretely demonstrated by evidence of high-level surveillance of individuals in these camps.
CHRISTIANE DEHOY, of Anti-Slavery International, drew attention to the current repressive policies implemented by the Thai Government against Burmese pro-democracy activists and urban refugees. By forcing them to relocate to closed border camps, the Thai authorities were effectively silencing their voices with the clear purpose of enhancing its relations with the military regime. In Burma, there was no freedom of expression. Reporters sans Frontières had denounced the current detention of at least 15 journalists; independent non-governmental organizations were not allowed to operate and political activists continued to be arrested. Until recently, the Thai Government had allowed exiled Burmese activists, social workers and other persons of concern to the United Nations High Commissioner for Refugees to remain in urban centres and border towns to carry out pro-democracy activities as well as social work.
SALMA AKBAR BUKHARI, of International Human Rights Association of American Minorities, said India was a State party to the International Covenant on Civil and Political Rights, but paid little heed to the provisions of the Covenant, especially in the context of the situation in the territories of Jammu and Kashmir under its occupation and religious minorities. The right to life was denied to the Kashmiris. All avenues of the political struggle for the realization of the inalienable and internationally conferred right to self-determination were also denied and the venom of violence had been injected into the peaceful struggle by the Indian security apparatus. Any one who called for freedom from the inhuman Indian occupation was branded as a terrorist. Arbitrary detention and imprisonment on political grounds coupled with torture and ill-treatment were common tools for discouraging Kashmiris from continuing with their struggle for freedom.
AWATAR SINGH SEKHON, of Interfaith International, said that the Sikh nation had been forced to surrender to British forces in March 1849, and its struggle against the British had been given the unfortunate name of "India's independence struggle". After independence in 1947, Sikh-elected representatives had repeatedly rejected the Indian Constitution in its draft and final forms, which denied their Sikh identity and assimilated them with Hindus. Punjab, the historic homeland of Sikhs, had been divided between the Indian and Pakistani States. Moreover, after the assassination of Indira Ghandi, there had been widespread repression against Sikhs. Many individual Sikh human rights activists had been persecuted in India, which had also violated the rights of other minorities including the Dalits and aboriginal peoples. Other non-Brahmin, non-Hindu peoples such as Christians, Muslims, and Tamils had also suffered.
SHIZHONG CHEN, of United Nations Association of San Diego, said the Association protested the continued violation of the Universal Declaration of Human Rights by China on a scale unequalled anywhere in the world. While the recent release of Rebiya Kadeer was noted by the Association, it was not enough. Just as releasing one or 1,000 Jews from the six million in concentration camps by the Nazis was not a human rights improvement, China's "human rights hostage" game should not be rewarded. The Association was particularly concerned by the outrageous treatment of the Falun Gong, who had simply been exercising their rights declared in the Universal Declaration. The number of confirmed deaths as a result of that persecution had climbed to over 1,600, in addition to the disappearance of a countless number of others.
EMILIE KAO, of Becket Fund for Religious Liberty, said the Government of Azerbaijan had violated the right to freedom of movement, as well as freedom of religion and expression, and had also illegally and forcefully confiscated a mosque. This was because the Government of Azerbaijan did not want the congregation of the mosque to be independent of its control. It had tried to force the congregation to submit to the Government's church, one that was founded by Stalin. That church controlled religious communities for the benefit of the Government, and this requirement violated the Constitution and violated the freedom of religion. Today, religious freedom was one of the most severely violated human rights in Azerbaijan, and the State would not register religious communities that did not accept their choice of leader. The Government should respect the freedom of religion.
LEGBORSI SARO PIYAGBARA, of Anti-Racism Information Service, said that he wished to bring to the attention of the Commission the egregious violations of the civil and political rights of the Ogoni people, and other Niger delta ethnic groups, by the Government of Nigeria which was committed to the protection of oil companies and the maintenance of the flow of crude oil. Since the return to civil rule, the country had descended into repression, especially against the Ogoni, who protested against the resumption of Shell Oil operations. Shell Oil, backed by Government security forces, had been implicated in a series of human rights violations and increased conflict in the Niger delta. The Movement for the Survival of the Ogoni People had faced increasing pressure from the Nigerian police and other State security apparatuses. The situation of the right to freedom of expression and association continued to deteriorate in the delta, as criticisms of oil operations were being viewed as threats to national security. The voting rights of the Ogoni people had also been flagrantly violated in the 2003 and 2004 elections. The Commission should redirect its searchlight on Nigeria, and should monitor the evolving deterioration in the human rights situation there.
BO KYI, of Worldview International Foundation, said arbitrary detention was widely abused by the military authority of Myanmar, since they used it as a tool to suppress political activism and other fundamental human rights, in order to maintain military rule in Myanmar. Due to arbitrary detention, the people of Myanmar were unable to exercise their fundamental or civil rights within their own country. Thousands of citizens were currently subjected to arbitrary detention in various prisons across the country. The State protection mechanisms for arbitrary detention had not materialized in the country to date. As Myanmar was a military State, any military personnel or policeman could arbitrarily detain whomever they decided, if they conceived them to be a concern to national security.
CHAYANIT POONYARAT, of Asian Forum for Human Rights and Development, said in the past year, there had been more than 500 people killed and several hundreds had gone missing due to the conflict in the south of Thailand. There was concern that the recently created National Reconciliation Commission might turn out to be only an international public relations exercise, and not something that would be substantial in getting to the root problems affecting southern Thailand. Recent records showed that Government-established committees of investigation had not made their reports public, and no penalty had been meted out to the perpetrators of human rights violations. Furthermore, Nepal was facing an atrocity, and the Commission should track the deteriorating human rights situation there and instruct the High Commissioner to conduct a high-level fact-finding mission to monitor and investigate the worsening human rights situation in the country.
BENOIT AUBENAS, of Reporters Without Borders, said he was the father of the French journalist Florence Aubenas, who had been abducted in Baghdad three months ago. For the first 60 days of her captivity, there had been no news of her, despite many appeals. Finally, a video had shown her alive. His daughter was a journalist who had been working in Iraq to bring details of the situation there to the world, and to report on the men, women, and children who were victims of war, misery, hunger and death. The Iraqi people were waiting for their turn to enjoy their fundamental human rights, which was guaranteed by the United Nations Charter. The Commission could not tolerate that fundamental liberties had been violated in such a manner; the Commission should act to bring the situation to an end.
ISHTIYAQ HAMEED, of World Muslim Congress, said the alarming aspect of the report of the Special Rapporteur on freedom of opinion and expression concerned the reference to violations occurring in long established democracies such as India. One wondered whether a country where expression of political views and dissent was a culpable offence could still be qualified as a democracy. The Special Rapporteur had also referred to discrimination to curb the freedom of opinion and expression of ethnic and religious minorities both through the imposition of draconian laws on the one hand and encouraging the majority to launch a tirade of hatred against the minorities. According to the Special Rapporteur, such practice could even lead to armed confrontation between the rival groups. In that context, the situation in Indian occupied Jammu and Kashmir and the Indian State of Gujarat stood out as glaring examples.
YUJA RYU, of International Association of Democratic Lawyers, said there were remains of Koreans in temples in various parts of Japan which had been neglected as trash and had not been returned to their homeland to their bereaved families for 60 years. Japan had abducted millions of Koreans from the Korean Peninsula to use as human shields on the battlefield, to force to produce weapons, or to work in mines. They were also cruelly massacred on the pretext of attempting resistance or escape. The Japanese Government's inhumane reaction to the issue of remains was a tremendous invasion of human rights. The dignity and honour of the victims should be restored as soon as possible. The Japanese Government should formally apologize to the victims and the bereaved families and compensate them; they should also collect all these remains and return them promptly to the families.
ABDELBAGI JIBRIL, of African Society of International and Comparative Law, said that the African society shared concerns that the Commission was being used for political blackmail, rather than for genuine efforts to protect and promote human rights for all. Events of the past five years, including the growing phenomenon of racism, xenophobia and discrimination, and the aftermath of the war on terrorism, had left few States to be proud of their human rights records. The winds of democracy and good governance continued to blow through a number of African regions, yet parts of Africa continued to face real challenges in efforts to protect human rights, especially in situations of armed conflict or post-conflict. In Côte d’Ivoire, xenophobia and political manipulation of ethnic difference had caused serious setbacks to the country's economic well-being. Half the country was under rebellion. To regain peace, the Government should take bold measures to address questions of nationality, civil and political rights and land ownership. As for the situation in Darfur, the destruction of life and livelihood largely fit the description of genocide, and should not escape the scrutiny of the Commission.
OUBBI BOUCHRAYA, of International Union of Socialist Youth, said 30 years ago, the Moroccan army had invaded and occupied a large portion of the territory of Western Sahara in violation of international laws which recognized the right to self-determination of people. During the last 30 years, the flagrant violation of human rights and fundamental freedoms continued in the occupied territory, as well as arbitrary detention, torture and inhuman and degrading treatment, deportation, enforced disappearances and violation of the right to freedom of movement. Human rights violations had persisted in the territory in the form of the violent repression of the civilian population, which was surrounded by 200,000 Moroccan security agents. In addition to the wall of separation, the surrounding land was fenced with landmines.
MARY AILEEN D. BACALSO, of Philippine Human Rights Information Centre, said there was cause for alarm over for the phenomenon of involuntary disappearances in Asia, including in Indonesia, the Philippines, Sri Lanka, and Thailand. Thus it was imperative that the United Nations creates a new independent monitoring body to protect persons from enforced disappearances. The report of the Chairperson of the open-ended Working Group for a draft treaty protecting people from enforced disappearances was supported, and the Commission should conclude this process before the end of 2005.
AMIR SHAH, of Organization of African Trade Union Unity, said that the full realization of civil and political rights rested on the premise that civil society existed in an environment in which its members were aware of those rights, free to demand their implementation, and able to defend them. The people of Balawaristan (Pakistan-occupied Gilgit Baltistan) had no institutions to safeguard their democratic rights. The Government of Pakistan had blatantly breached United Nations Security Council resolutions with regard to the situation there, and without any reference or knowledge of the people, had coerced the so-called Government and puppet leadership to sign an agreement that delivered control of the area into Pakistan's hand in 1949. The people remained the victims of this fraud and yearned for a civil society to ensure enjoyment of civil and political rights. However, the effort to acquire those rights had continuously resulted in detention, torture, disappearances, and the imposition of a state of emergency. The Government of Pakistan continued to fuel and use religious intolerance and sectarianism to weaken the demands of civil society and to sabotage the right to freedom of expression. The international community should take up the denial of the people's civil and political rights as a concern, and should urge Pakistan to respect the United Nations resolution related to Balawaristan.
ANN BEESON, of American Civil Liberties Union, said overwhelming evidence had come to light that prisoners held by the United States in connection with the war on terror were being subjected to torture and other forms of cruel, inhuman or degrading treatment. According to official documents, the United States' forces had conducted mock executions, soaked a prisoner’s hands in alcohol and set them alight, subjected prisoners to electric shock, shot prisoners who were handcuffed or behind bars, and routinely used sexual abuse and assault as a means of humiliating both male and female prisoners. In one official document, an officer stated that he saw prisoners chained hand and foot in a foetal position to the floor, with no chair, food or water. Most of the time, they urinated or defecated on themselves and were left there for 18 to 24 hours or more. Other prisoners were abused with cigarette burns and electric shocks.
Right of Reply
ASSETOU TOURE (Burkina Faso), speaking in a right of reply, said regarding the report of the Special Rapporteur on the freedom of opinion and expression, Burkina Faso had noted with surprise that the report said that it had not given any answer to a communication regarding a journalist who had been arrested on 5 November 2004. The response of the Government had been communicated to the High Commissioner by verbal note on 27 January 2005 and the journalist in question had been freed. Moreover, his newspaper continued to appear in Burkina Faso. The Government of Burkina Faso was committed to continuing to cooperate with the High Commissioner on Human Rights.
TOUFIQ ALI (Bangladesh), speaking in exercise of the right of reply in response to the statement by the International Institute for Peace, said the incident which the organization mentioned had been a criminal act. Having noted the concern expressed by the representative upon her father's death, he affirmed that the father had been a politician and all had condemned his death. The Prime Minister had called for an immediate and full investigation to bring those responsible to justice. The head of police was following-up and high-level police officers had been assigned to investigate the case. Eight of the ten suspects had been brought to justice, and a massive manhunt had been launched to find the other two. The legal process against those arrested had also been launched, and Interpol and the American Federal Bureau of Investigations had been invited to help in the investigations. The Government remained committed to providing security for all. Without commenting on other parts of the statement, he said it was regrettable that an attempt had been made to take advantage of a criminal act to advance political ends.
NAKPA POLO (Togo), speaking in exercise of the right of reply in reference to statements made by two non-governmental organizations, said the forum which they addressed was a human rights Commission and not a political forum where they could speak of the political issues of Togo. As a sovereign State, Togo had contributed to all human rights aspects and had ratified a number of international conventions. African countries as well as others had been invited to observe the elections when they were held with the aim of a peaceful transition.
CLEMENCIA FORERO UCROS (Colombia), speaking in exercise of the right of reply, said Colombia had not posted obstacles to justice as stated by the Colombian Commission of Jurists. The Government had sought a negotiated solution to the conflict, and had been firm in its position that crimes against humanity were not subject to amnesty and would not go unpunished. The Government was endeavouring to ensure reparations for all victims. It was aware that democratic participation needed the input of civil society. It believed in the right to peace and reconciliation. Truth and justice should exist and reparations would be made and a legal procedure would ensure compensation for victims. Those responsible for these atrocities would be brought to trial in the justice system. All of this was being debated with representatives from all parts of society as well as with Parliament.
ARTAK APITONIAN (Armenia), speaking in exercise of the right of reply, said he wished to clarify the position of Armenia regarding the statement by the International Helsinki Federation for Human Rights. Following legal adjustments of the Charter of the organization, the Jehovah's Witness had been officially registered in Armenia in 2004. Moreover, the law on alternative military service had entered into force in 2004. Any citizen who rejected service on the grounds of conscience or belief could legally opt for alternative service, and the Government had provided clear guidelines for such service. They were neither obliged to carry arms, nor wear military uniforms. The Jehovah's Witnesses had accepted the principles as stated by the law. All previous criminal cases against conscientious objectors, in which alternative service had been accepted, had been dropped. Rejection of both alternative service and conscientious objection remained contrary to the law. The non-governmental organization should recheck its facts.
PITCHAYAPHANT CHARNBHUMIDOL (Thailand), exercising a right of reply in response to the statement made by the Asian Forum for Human Rights and Development, said the statement did not provide the complete picture of the situation and the measures undertaken by the Government of Thailand. In the south of Thailand, people of all faiths had suffered from the indiscriminate acts of violence perpetrated by armed militias. The Thai Government was determined to promote national reconciliation through a peaceful approach. The National Reconciliation Commission had been recently established to find a durable solution to the root causes of the problem.
The representative of Eritrea, speaking in a right of reply, said it had made its position clear to numerous Special Rapporteurs. Participation in the national service programme was a requirement for all Eritreans. People had not been arrested for their religious beliefs, but for their refusal to participate in the national service programme, which was universal and compulsory. Other groups had refused to register with the Government. It was due to the leniency of the Government that those who had contemptuously rejected the laws of the country had been let off with only a warning. The rights of individuals to physical and mental well-being had not been violated. There were at least three churches and private bookstores where bibles were found, which demonstrated the fact that the Government was not burning bibles.
SEYMUR MARDALIYEV (Azerbaijan), speaking in exercise of the right of reply, said he wished to object to the baseless allegations voiced by the Representative of the Becket Fund for Religious Liberty.
OMAR WASO (Iraq), speaking in exercise of the right of reply, expressed regret about the difficulties experienced by the kidnapped French journalist in Iraq. The Government was doing all it could to help free the journalist.
JOSEPH U. AYALOGU (Nigeria), speaking in a right of reply in response to the Anti-Slavery Information XX, said what the non-governmental organization had presented was misinformation. It had ignored the efforts of the Government to establish peace. The Government of Nigeria treated the issues of the human rights and fundamental freedoms of all its citizens seriously and was taking steps to develop all sectors equally.
JUNEVER MAHILUM-WEST (Philippines), speaking in exercise of the right of reply, said the delegation of the Philippines had noted the statement made by the Representative of the Philippine Human Rights Information Center on cases of involuntary disappearances in the Philippines. It was a matter of the Government's policy and practice to investigate any cases of enforced or involuntary disappearances. Involuntary disappearances remained a priority issue on the agenda of the Presidential Human Rights Committee, which was a multi-stakeholder advisory body to the President of the country. There were pending legislative proposals in the Philippine Congress on criminalizing the practice of involuntary disappearances.
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For use of information media; not an official record
AFTERNOON
5 April 2005
Chairperson of Commission on Status of Women Addresses the Commission
The Commission on Human Rights this afternoon began consideration of its agenda item on the integration of the human rights of women and a gender perspective, including violence against women, by hearing a presentation by the Chairperson of the Commission on the Status of Women, after concluding its general debate on civil and political rights.
At the beginning of the meeting, China protested that a person claiming to represent the non-governmental organization "A Woman's Voice International" had brought "police instruments" into the conference room, which had constituted a security threat to all present. He requested that the United Nations Security Section undertake a comprehensive investigation into the incident. Also, since the incident demonstrated a lapse on the part of security, he said United Nations Security should immediately carry out a careful and serious security check of all personnel and individuals entering the hall. China would report the incident to the Committee on Non-Governmental Organizations in New York. Cuba supported the position of China.
A Representative of the Secretariat said that after this morning's incident, security had immediately led the person in question out of the room, conducted an investigation of the instrument, and prepared a preliminary report. The electrical device was secured, the individual was escorted to the United Nations gate, and his pass was confiscated. At the end of the meeting, the Secretariat read out a statement from the non-governmental organization which had sponsored the individual in question, expressing regret over the incident.
Addressing the Commission as it began its consideration of women's rights, Carmen Maria Gallardo Hernandez, Chairperson of the Commission on the Status of Women, said that the Commission on the Status of Women had been working for interaction and coordination among commissions, and had recognized the value of the increasing attention paid to the issue of violence against women. The Commission had carried out collaborative work to that end with the Special Rapporteur on violence against women.
The Commission also concluded its general debate on civil and political rights, hearing presentations by 29 non-governmental representatives, who raised concerns about violations of civil and political rights, including the rights to freedom of religion and belief, freedom of expression and opinion, freedom of assembly, freedom from torture, arbitrary arrest and detention and extrajudicial, summary or arbitrary executions, and conscientious objection among other issues.
Representatives of the following non-governmental organizations addressed the Commission: North-South XXI; Japanese Workers Committee for Human Rights; World Union for Progressive Judaism; Pax Christi International; International Educational Development; International Rehabilitation Council for Torture Victims; War Resisters International; International League for Human Rights (speaking on behalf of Human Rights Council of Australia); Netherlands Organization for International Development Cooperation; Rural Reconstruction Nepal; International Islamic Federation of Student Organizations; Canadian HIV/Aids Legal Network; International Alliance of Women; Anti-Slavery International; International Human Rights Association of American Minorities; Interfaith International; United Nations Association of San Diego; Becket Fund for Religious Liberty; Anti-Racism Information Service; Worldview International Foundation; Asian Forum for Human Rights and Development; Reporters Without Borders; World Muslim Congress; International Association of Democratic Lawyers; African Society of International and Comparative Law; International Union of Socialist Youth; Philippine Human Rights Information Centre; Organization of African Trade Union Unity; and American Civil Liberties Union.
Making statements in exercise of the right of reply under the agenda item on civil and political rights were the Representatives of Burkina Faso, Bangladesh, Togo, Colombia, Armenia, Thailand, Eritrea, Azerbaijan, Iraq, Nigeria and the Philippines.
The Commission will reconvene at 10 a.m. on Wednesday, 6 April, to continue its consideration of women's rights.
Presentation by the Chairperson of the Commission on the Status of Women,
CARMEN MARIA GALLARDO HERNANDEZ, Chairperson of the Commission on the Status of Women, said the Commission on the Status of Women had been coordinating its work concerning women. It had also collaborated in its work with other organizations and mechanisms. The Special Rapporteur on violence against women had also contributed to the work of the Commission. The work of the Commission aimed at eliminating violence against women and respecting their human rights. In that area, the Commission and the Special Rapporteur had carried out collaborative work. Because of its experience, the Commission was able to provide information on the status of women to other organizations and mechanisms.
On 22 March this year, the Commission had concluded its session after completing its 10-year review of the implementation of the Beijing Declaration and Programme of Action. During the session, it had evaluated the implementation of the Beijing Declaration and Programme of Action and the final declaration of the 23rd special session of the General Assembly. The evaluation of the implementation was made at the national level, and number of non-governmental organizations and national governments had participated in the session. There were six high-level panel discussions and at the end of the session a declaration had been adopted affirming the goals of Beijing and the Special Session while highlighting synergies between them and the international development goals, including the Millennium Development Goals.
General Debate on Civil and Political Rights
WENCESLAO MANSOGO ALO, of Nord-Sud XXI, said he wished to denounce the assaults, barbarous acts and torture being carried out in Equatorial Guinea. The dictatorship had no limits and was one of the cruellest existing in the world today. The brutality of the regime overshot the limits of human understanding. About three years ago, the regime had falsely accused him of cooperating with political dissidents, and he had been detained for five weeks in prison. He had been treated as an animal. He had not been issued an arrest warrant, but had been taken and held with other people with no water or shelter. He had experienced the treatment of other prisoners, one of whom had died from the result of torture. Moreover, he had fallen ill to malaria and had not been treated. The horror could only be compared to a concentration camp. The prisoners had suffered harassment of every kind, including inhuman and degrading treatment. A young woman had been handcuffed and left bound for three days with no relief or food. The situation in that country merited special attention.
AKIRA MAEDA, of Japanese Workers Committee for Human Rights, strongly welcomed the report of the Special Rapporteur on the right to freedom of opinion and expression. Serious violations of the right to freedom of expression were still a widespread phenomenon in all regions of the world. He drew attention to the Horikoshi case as a typical example of violations of the right to freedom of expression. Tokyo Metropolitan Police had arrested Akio Horikoshi who was a public employee in Tokyo on 3 March 2004. He had distributed the Akahata newspaper to neighbours near his home on a holiday. The newspaper had carried an article opposing the war against Iraq. The Police explained that the arrest was based on the National Public Employment Act, which prohibited any political activities of public employees. According to the Act, all public employees should refrain from political activities anywhere and anytime, including holidays. He had been detained for three days in Daiyo-Kangoku - a special detention cell in Japan.
DAVID LITTMAN, of World Union for Progressive Judaism, said the most essential and basic human right was the right to life, and it had been argued last year for this basic human right to be included in the controversial resolution entitled defamation of religions. Democratic States, free peoples and individuals should make it crystal clear that they would never surrender to vile threats from those who brazenly justified their killing sprees in the name of Allah, thus threatening the entire world with their grizzly crimes against humanity under the guise of a Nazi-like world jihad ideology. This culture of hate and death should be outlawed both by the Organization of the Islamic Conference and the international community.
TREVOR GRIFFITHS, of Pax Christi International, said he wished to express grave concern regarding the newest indictment against Mordechai Vanunu in Israel - the whistleblower who had disclosed that Israel was stockpiling nuclear weapons. Whatever one's opinion of the legality of his original actions was, it was clear he had paid for them quite fully. It was also clear that most of his sentence had been served under conditions constituting psychological torture. Of particular concern were the administrative restrictions placed upon him since his release in April 2004, and the current indictment for violation of those restrictions. He had not been permitted to leave Israel, or to start his life anew. He had been forbidden to speak to any foreigners, yet he had spoken out to foreign reporters and human rights networks about the dangers of nuclear proliferation and nuclear accidents in the Middle East, including Israel. For this he had been arrested twice, and was now threatened with imprisonment. This treatment constituted a serious violation of the freedoms of speech and movement.
KAREN PARKER, of International Educational Development, said the group had brought several situations of State terrorism to the attention of the Commission for many years, especially that of India in Indian-occupied Jammu and Kashmir and that of China against political reformists, namely Falun Gong practitioners and ethnic nationalities such as Tibetans and Uighurs. While the Kashmir situation was now subject to some bilateral talks between Pakistan and India, the international community was reminded that this was not a bilateral issue but, according to the Security Council, an issue for the Kashmiri people alone to decide through a United Nations-administered plebiscite. The Kashmiri people were owed the right to self-determination.
CAMELIA DORU, of International Rehabilitation Council for Torture Victims, said torture had devastating effects, often breaking the human person forever. Therefore it was crucial to offer rehabilitation to torture victims and their families to try to repair the damage. In young democracies, this was a precondition for social reconciliation and democratic development. However, the Commission should be aware of the sad fact that most victims did not obtain reparation for the torture they had suffered. The adoption of the Commission at this session of the proposed basic principles for reparation to victims was therefore strongly supported. It was also hoped that a positive external review of the functioning of the Voluntary Fund for Victims of Torture would now result in an urgently needed significant increase in the number of countries contributing funds.
ABRAHAM MEHRETEAB, of War Resisters International, said his organization had conducted a preliminary survey of Eritrean conscientious objectors, and had learned that there were thousands of conscientious objectors and deserters in the country. However, the right to conscientious objection was not recognized by the present Government. Arbitrary detention, torture, deployment at the front line, and forced labour had been common means of punishment for deserters and objectors. Relatives of deserters were also threatened. Although it was difficult to know exact numbers, thousands were evading military service, objecting by various means including fleeing the country under military dictatorship. Many asked for political asylum in other countries. The Commission should take note of the continuous violations against conscientious objectors, and take further measures to ensure they received asylum protection in accordance with the Geneva Convention or Status of Refugees. The Special Rapporteur on the freedom of religion or belief was also requested to investigate the situation of conscientious objectors in Eritrea. The Government should release all conscientious objectors, recognize the right to conscientious objection, and introduce alternative service compatible with conscientious objection.
ANDREY KUVSHINOV, of International League for Human Rights, speaking on behalf of Human Rights Council of Australia, said in recent years, many countries in Eastern Europe and the former Soviet Union had introduced legislation which regulated alternative civil service for conscientious objectors to military service. That development was considered as a significant step towards securing the right for conscientious objectors. However, those laws often set up conditions for alternative civil service, which effectively made it a punishment for conscientious objectors. In the Russian Federation, the length of the alternative civil service amounted to 42 months. That was the longest periods of such service in the world and was almost twice the length of the military service in Russia.
MUFTI MAKARIM AL-AKHLAQ,of Netherlands Organization for International Development Cooperation, said although the practice of involuntary disappearance had not been considered a serious concern to the Government of Indonesia, practices of involuntary disappearance were continuing in areas such as Aceh and West Papua, as well as other conflict areas. Victims and relatives demanding justice and accountability had made various efforts to that end, but to no avail. The Commission should urge the Indonesian authorities and the Indonesian National Commission on Human Rights to investigate cases of involuntary disappearance and should bring the perpetrators to justice. Moreover, the international community should participate in monitoring the process of resolving these cases.
ARJUN KARKI, of Rural Reconstruction Nepal, said that he was seriously concerned about ongoing violations of civil and political rights, including arbitrary arrest, torture, illegal detention, restriction on the freedom of expression, and the ban on political activities in the country. Human rights organizations reported that the daily toll of killings had increased from six to 10 per day since the declaration of the state of emergency on 1 February. More than 3,000 individuals had been arrested, including 30 journalists and 45 human rights defenders, and 227 people had been killed. There was no democratically elected structure in the country, and the rule of law had collapsed. The Commission should appoint a Special Rapporteur on the situation in Nepal, and create an international monitoring mechanism. The international community should also guarantee protection to the people of Nepal, and to their political leaders, human rights defenders, journalists and peace activists; end impunity; and create an enabling environment to restore the rule of law and lasting democratic peace by fostering dialogue and reconciliation among key political actors.
SABA KOUKAB, of International Islamic Federation of Student Organizations, said despite international laws to prohibit torture, many prisoners of conscience continued to be tortured in dark and cold cells and detention centres all around the world. The report of the Special Rapporteur on torture which focused on the necessity to restrict the production and trade of torture-related equipment and technology was indeed welcoming, especially when viewed in the context of global conflicts, particularly in Indian-occupied Kashmir. Political murders, enforced disappearances, kidnappings, rape, forced displacement of populations and many other forms of socio-political violence were all part of that unfortunate land.
PHILIPP BRAUN, of Canadian HIV/Aids Legal Network, said lesbians, gay men, bisexuals and transgender (LGBT) people were entitled to civil and political rights. The fight against the criminalization of gay men and lesbians began more than 100 years ago with the LGBT movement. The example set by Germany demonstrated how societies could change and overcome extreme discrimination and prejudice. On all continents, LGBT people continued to have their rights to free speech, association, privacy, liberty, freedom from torture and even to life itself infringed by States and private actors. Many Special Rapporteurs and treaty bodies had repeatedly underlined the obligations of States to prohibit discrimination on the grounds of sexual orientation or gender. The Commission should recognize the human rights of LGBT people and States should uphold their duty to protect people from discrimination on the grounds of sexual orientation and gender.
SAMIRA YASSNI, of International Alliance of Women, said that her presentation represented the last hope for thousands of women and children who were being held hostage in POLISARIO military camps. Several forms of abuses occurred in these camps, including threats to physical and moral dignity through arbitrary and abusive imprisonment and restrictions on the freedoms of expression and movement. The horrifying reality of the military junta, and the extent of their disdain for the international community, had been concretely demonstrated by evidence of high-level surveillance of individuals in these camps.
CHRISTIANE DEHOY, of Anti-Slavery International, drew attention to the current repressive policies implemented by the Thai Government against Burmese pro-democracy activists and urban refugees. By forcing them to relocate to closed border camps, the Thai authorities were effectively silencing their voices with the clear purpose of enhancing its relations with the military regime. In Burma, there was no freedom of expression. Reporters sans Frontières had denounced the current detention of at least 15 journalists; independent non-governmental organizations were not allowed to operate and political activists continued to be arrested. Until recently, the Thai Government had allowed exiled Burmese activists, social workers and other persons of concern to the United Nations High Commissioner for Refugees to remain in urban centres and border towns to carry out pro-democracy activities as well as social work.
SALMA AKBAR BUKHARI, of International Human Rights Association of American Minorities, said India was a State party to the International Covenant on Civil and Political Rights, but paid little heed to the provisions of the Covenant, especially in the context of the situation in the territories of Jammu and Kashmir under its occupation and religious minorities. The right to life was denied to the Kashmiris. All avenues of the political struggle for the realization of the inalienable and internationally conferred right to self-determination were also denied and the venom of violence had been injected into the peaceful struggle by the Indian security apparatus. Any one who called for freedom from the inhuman Indian occupation was branded as a terrorist. Arbitrary detention and imprisonment on political grounds coupled with torture and ill-treatment were common tools for discouraging Kashmiris from continuing with their struggle for freedom.
AWATAR SINGH SEKHON, of Interfaith International, said that the Sikh nation had been forced to surrender to British forces in March 1849, and its struggle against the British had been given the unfortunate name of "India's independence struggle". After independence in 1947, Sikh-elected representatives had repeatedly rejected the Indian Constitution in its draft and final forms, which denied their Sikh identity and assimilated them with Hindus. Punjab, the historic homeland of Sikhs, had been divided between the Indian and Pakistani States. Moreover, after the assassination of Indira Ghandi, there had been widespread repression against Sikhs. Many individual Sikh human rights activists had been persecuted in India, which had also violated the rights of other minorities including the Dalits and aboriginal peoples. Other non-Brahmin, non-Hindu peoples such as Christians, Muslims, and Tamils had also suffered.
SHIZHONG CHEN, of United Nations Association of San Diego, said the Association protested the continued violation of the Universal Declaration of Human Rights by China on a scale unequalled anywhere in the world. While the recent release of Rebiya Kadeer was noted by the Association, it was not enough. Just as releasing one or 1,000 Jews from the six million in concentration camps by the Nazis was not a human rights improvement, China's "human rights hostage" game should not be rewarded. The Association was particularly concerned by the outrageous treatment of the Falun Gong, who had simply been exercising their rights declared in the Universal Declaration. The number of confirmed deaths as a result of that persecution had climbed to over 1,600, in addition to the disappearance of a countless number of others.
EMILIE KAO, of Becket Fund for Religious Liberty, said the Government of Azerbaijan had violated the right to freedom of movement, as well as freedom of religion and expression, and had also illegally and forcefully confiscated a mosque. This was because the Government of Azerbaijan did not want the congregation of the mosque to be independent of its control. It had tried to force the congregation to submit to the Government's church, one that was founded by Stalin. That church controlled religious communities for the benefit of the Government, and this requirement violated the Constitution and violated the freedom of religion. Today, religious freedom was one of the most severely violated human rights in Azerbaijan, and the State would not register religious communities that did not accept their choice of leader. The Government should respect the freedom of religion.
LEGBORSI SARO PIYAGBARA, of Anti-Racism Information Service, said that he wished to bring to the attention of the Commission the egregious violations of the civil and political rights of the Ogoni people, and other Niger delta ethnic groups, by the Government of Nigeria which was committed to the protection of oil companies and the maintenance of the flow of crude oil. Since the return to civil rule, the country had descended into repression, especially against the Ogoni, who protested against the resumption of Shell Oil operations. Shell Oil, backed by Government security forces, had been implicated in a series of human rights violations and increased conflict in the Niger delta. The Movement for the Survival of the Ogoni People had faced increasing pressure from the Nigerian police and other State security apparatuses. The situation of the right to freedom of expression and association continued to deteriorate in the delta, as criticisms of oil operations were being viewed as threats to national security. The voting rights of the Ogoni people had also been flagrantly violated in the 2003 and 2004 elections. The Commission should redirect its searchlight on Nigeria, and should monitor the evolving deterioration in the human rights situation there.
BO KYI, of Worldview International Foundation, said arbitrary detention was widely abused by the military authority of Myanmar, since they used it as a tool to suppress political activism and other fundamental human rights, in order to maintain military rule in Myanmar. Due to arbitrary detention, the people of Myanmar were unable to exercise their fundamental or civil rights within their own country. Thousands of citizens were currently subjected to arbitrary detention in various prisons across the country. The State protection mechanisms for arbitrary detention had not materialized in the country to date. As Myanmar was a military State, any military personnel or policeman could arbitrarily detain whomever they decided, if they conceived them to be a concern to national security.
CHAYANIT POONYARAT, of Asian Forum for Human Rights and Development, said in the past year, there had been more than 500 people killed and several hundreds had gone missing due to the conflict in the south of Thailand. There was concern that the recently created National Reconciliation Commission might turn out to be only an international public relations exercise, and not something that would be substantial in getting to the root problems affecting southern Thailand. Recent records showed that Government-established committees of investigation had not made their reports public, and no penalty had been meted out to the perpetrators of human rights violations. Furthermore, Nepal was facing an atrocity, and the Commission should track the deteriorating human rights situation there and instruct the High Commissioner to conduct a high-level fact-finding mission to monitor and investigate the worsening human rights situation in the country.
BENOIT AUBENAS, of Reporters Without Borders, said he was the father of the French journalist Florence Aubenas, who had been abducted in Baghdad three months ago. For the first 60 days of her captivity, there had been no news of her, despite many appeals. Finally, a video had shown her alive. His daughter was a journalist who had been working in Iraq to bring details of the situation there to the world, and to report on the men, women, and children who were victims of war, misery, hunger and death. The Iraqi people were waiting for their turn to enjoy their fundamental human rights, which was guaranteed by the United Nations Charter. The Commission could not tolerate that fundamental liberties had been violated in such a manner; the Commission should act to bring the situation to an end.
ISHTIYAQ HAMEED, of World Muslim Congress, said the alarming aspect of the report of the Special Rapporteur on freedom of opinion and expression concerned the reference to violations occurring in long established democracies such as India. One wondered whether a country where expression of political views and dissent was a culpable offence could still be qualified as a democracy. The Special Rapporteur had also referred to discrimination to curb the freedom of opinion and expression of ethnic and religious minorities both through the imposition of draconian laws on the one hand and encouraging the majority to launch a tirade of hatred against the minorities. According to the Special Rapporteur, such practice could even lead to armed confrontation between the rival groups. In that context, the situation in Indian occupied Jammu and Kashmir and the Indian State of Gujarat stood out as glaring examples.
YUJA RYU, of International Association of Democratic Lawyers, said there were remains of Koreans in temples in various parts of Japan which had been neglected as trash and had not been returned to their homeland to their bereaved families for 60 years. Japan had abducted millions of Koreans from the Korean Peninsula to use as human shields on the battlefield, to force to produce weapons, or to work in mines. They were also cruelly massacred on the pretext of attempting resistance or escape. The Japanese Government's inhumane reaction to the issue of remains was a tremendous invasion of human rights. The dignity and honour of the victims should be restored as soon as possible. The Japanese Government should formally apologize to the victims and the bereaved families and compensate them; they should also collect all these remains and return them promptly to the families.
ABDELBAGI JIBRIL, of African Society of International and Comparative Law, said that the African society shared concerns that the Commission was being used for political blackmail, rather than for genuine efforts to protect and promote human rights for all. Events of the past five years, including the growing phenomenon of racism, xenophobia and discrimination, and the aftermath of the war on terrorism, had left few States to be proud of their human rights records. The winds of democracy and good governance continued to blow through a number of African regions, yet parts of Africa continued to face real challenges in efforts to protect human rights, especially in situations of armed conflict or post-conflict. In Côte d’Ivoire, xenophobia and political manipulation of ethnic difference had caused serious setbacks to the country's economic well-being. Half the country was under rebellion. To regain peace, the Government should take bold measures to address questions of nationality, civil and political rights and land ownership. As for the situation in Darfur, the destruction of life and livelihood largely fit the description of genocide, and should not escape the scrutiny of the Commission.
OUBBI BOUCHRAYA, of International Union of Socialist Youth, said 30 years ago, the Moroccan army had invaded and occupied a large portion of the territory of Western Sahara in violation of international laws which recognized the right to self-determination of people. During the last 30 years, the flagrant violation of human rights and fundamental freedoms continued in the occupied territory, as well as arbitrary detention, torture and inhuman and degrading treatment, deportation, enforced disappearances and violation of the right to freedom of movement. Human rights violations had persisted in the territory in the form of the violent repression of the civilian population, which was surrounded by 200,000 Moroccan security agents. In addition to the wall of separation, the surrounding land was fenced with landmines.
MARY AILEEN D. BACALSO, of Philippine Human Rights Information Centre, said there was cause for alarm over for the phenomenon of involuntary disappearances in Asia, including in Indonesia, the Philippines, Sri Lanka, and Thailand. Thus it was imperative that the United Nations creates a new independent monitoring body to protect persons from enforced disappearances. The report of the Chairperson of the open-ended Working Group for a draft treaty protecting people from enforced disappearances was supported, and the Commission should conclude this process before the end of 2005.
AMIR SHAH, of Organization of African Trade Union Unity, said that the full realization of civil and political rights rested on the premise that civil society existed in an environment in which its members were aware of those rights, free to demand their implementation, and able to defend them. The people of Balawaristan (Pakistan-occupied Gilgit Baltistan) had no institutions to safeguard their democratic rights. The Government of Pakistan had blatantly breached United Nations Security Council resolutions with regard to the situation there, and without any reference or knowledge of the people, had coerced the so-called Government and puppet leadership to sign an agreement that delivered control of the area into Pakistan's hand in 1949. The people remained the victims of this fraud and yearned for a civil society to ensure enjoyment of civil and political rights. However, the effort to acquire those rights had continuously resulted in detention, torture, disappearances, and the imposition of a state of emergency. The Government of Pakistan continued to fuel and use religious intolerance and sectarianism to weaken the demands of civil society and to sabotage the right to freedom of expression. The international community should take up the denial of the people's civil and political rights as a concern, and should urge Pakistan to respect the United Nations resolution related to Balawaristan.
ANN BEESON, of American Civil Liberties Union, said overwhelming evidence had come to light that prisoners held by the United States in connection with the war on terror were being subjected to torture and other forms of cruel, inhuman or degrading treatment. According to official documents, the United States' forces had conducted mock executions, soaked a prisoner’s hands in alcohol and set them alight, subjected prisoners to electric shock, shot prisoners who were handcuffed or behind bars, and routinely used sexual abuse and assault as a means of humiliating both male and female prisoners. In one official document, an officer stated that he saw prisoners chained hand and foot in a foetal position to the floor, with no chair, food or water. Most of the time, they urinated or defecated on themselves and were left there for 18 to 24 hours or more. Other prisoners were abused with cigarette burns and electric shocks.
Right of Reply
ASSETOU TOURE (Burkina Faso), speaking in a right of reply, said regarding the report of the Special Rapporteur on the freedom of opinion and expression, Burkina Faso had noted with surprise that the report said that it had not given any answer to a communication regarding a journalist who had been arrested on 5 November 2004. The response of the Government had been communicated to the High Commissioner by verbal note on 27 January 2005 and the journalist in question had been freed. Moreover, his newspaper continued to appear in Burkina Faso. The Government of Burkina Faso was committed to continuing to cooperate with the High Commissioner on Human Rights.
TOUFIQ ALI (Bangladesh), speaking in exercise of the right of reply in response to the statement by the International Institute for Peace, said the incident which the organization mentioned had been a criminal act. Having noted the concern expressed by the representative upon her father's death, he affirmed that the father had been a politician and all had condemned his death. The Prime Minister had called for an immediate and full investigation to bring those responsible to justice. The head of police was following-up and high-level police officers had been assigned to investigate the case. Eight of the ten suspects had been brought to justice, and a massive manhunt had been launched to find the other two. The legal process against those arrested had also been launched, and Interpol and the American Federal Bureau of Investigations had been invited to help in the investigations. The Government remained committed to providing security for all. Without commenting on other parts of the statement, he said it was regrettable that an attempt had been made to take advantage of a criminal act to advance political ends.
NAKPA POLO (Togo), speaking in exercise of the right of reply in reference to statements made by two non-governmental organizations, said the forum which they addressed was a human rights Commission and not a political forum where they could speak of the political issues of Togo. As a sovereign State, Togo had contributed to all human rights aspects and had ratified a number of international conventions. African countries as well as others had been invited to observe the elections when they were held with the aim of a peaceful transition.
CLEMENCIA FORERO UCROS (Colombia), speaking in exercise of the right of reply, said Colombia had not posted obstacles to justice as stated by the Colombian Commission of Jurists. The Government had sought a negotiated solution to the conflict, and had been firm in its position that crimes against humanity were not subject to amnesty and would not go unpunished. The Government was endeavouring to ensure reparations for all victims. It was aware that democratic participation needed the input of civil society. It believed in the right to peace and reconciliation. Truth and justice should exist and reparations would be made and a legal procedure would ensure compensation for victims. Those responsible for these atrocities would be brought to trial in the justice system. All of this was being debated with representatives from all parts of society as well as with Parliament.
ARTAK APITONIAN (Armenia), speaking in exercise of the right of reply, said he wished to clarify the position of Armenia regarding the statement by the International Helsinki Federation for Human Rights. Following legal adjustments of the Charter of the organization, the Jehovah's Witness had been officially registered in Armenia in 2004. Moreover, the law on alternative military service had entered into force in 2004. Any citizen who rejected service on the grounds of conscience or belief could legally opt for alternative service, and the Government had provided clear guidelines for such service. They were neither obliged to carry arms, nor wear military uniforms. The Jehovah's Witnesses had accepted the principles as stated by the law. All previous criminal cases against conscientious objectors, in which alternative service had been accepted, had been dropped. Rejection of both alternative service and conscientious objection remained contrary to the law. The non-governmental organization should recheck its facts.
PITCHAYAPHANT CHARNBHUMIDOL (Thailand), exercising a right of reply in response to the statement made by the Asian Forum for Human Rights and Development, said the statement did not provide the complete picture of the situation and the measures undertaken by the Government of Thailand. In the south of Thailand, people of all faiths had suffered from the indiscriminate acts of violence perpetrated by armed militias. The Thai Government was determined to promote national reconciliation through a peaceful approach. The National Reconciliation Commission had been recently established to find a durable solution to the root causes of the problem.
The representative of Eritrea, speaking in a right of reply, said it had made its position clear to numerous Special Rapporteurs. Participation in the national service programme was a requirement for all Eritreans. People had not been arrested for their religious beliefs, but for their refusal to participate in the national service programme, which was universal and compulsory. Other groups had refused to register with the Government. It was due to the leniency of the Government that those who had contemptuously rejected the laws of the country had been let off with only a warning. The rights of individuals to physical and mental well-being had not been violated. There were at least three churches and private bookstores where bibles were found, which demonstrated the fact that the Government was not burning bibles.
SEYMUR MARDALIYEV (Azerbaijan), speaking in exercise of the right of reply, said he wished to object to the baseless allegations voiced by the Representative of the Becket Fund for Religious Liberty.
OMAR WASO (Iraq), speaking in exercise of the right of reply, expressed regret about the difficulties experienced by the kidnapped French journalist in Iraq. The Government was doing all it could to help free the journalist.
JOSEPH U. AYALOGU (Nigeria), speaking in a right of reply in response to the Anti-Slavery Information XX, said what the non-governmental organization had presented was misinformation. It had ignored the efforts of the Government to establish peace. The Government of Nigeria treated the issues of the human rights and fundamental freedoms of all its citizens seriously and was taking steps to develop all sectors equally.
JUNEVER MAHILUM-WEST (Philippines), speaking in exercise of the right of reply, said the delegation of the Philippines had noted the statement made by the Representative of the Philippine Human Rights Information Center on cases of involuntary disappearances in the Philippines. It was a matter of the Government's policy and practice to investigate any cases of enforced or involuntary disappearances. Involuntary disappearances remained a priority issue on the agenda of the Presidential Human Rights Committee, which was a multi-stakeholder advisory body to the President of the country. There were pending legislative proposals in the Philippine Congress on criminalizing the practice of involuntary disappearances.
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For use of information media; not an official record
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