COMMISSION ON HUMAN RIGHTS ADOPTS MEASURES ON CIVIL AND POLITICAL RIGHTS, ECONOMIC RIGHTS, RIGHTS OF WOMEN, CHILDREN

Commission on Human Rights
58th session
23 April 2002
Morning




The Commission on Human Rights approved a series of resolutions this morning on civil and political rights, including measures on strengthening democracy, battling religious intolerance, resolving cases of disappearances, and enhancing the independence and impartiality of the judiciary. It then adopted three resolutions on the human rights of women, one on the economic rights of women, and one on the rights of the child.

In a resolution on further measures to promote and consolidate democracy, adopted by a roll-call vote of 43 in favour and none opposed, with 9 abstentions, the Commission declared that the essential elements of democracy included respect for human rights and fundamental freedoms, freedom of association, freedom of expression and opinion, access to power and its exercise in accordance with the rule of law, the holding of periodic free and fair elections by universal suffrage and by secret ballot as the expression of the will of the people, a pluralistic system of political parties and organizations, the separation of powers, the independence of the judiciary, transparency and accountability in public administration, and a free, independent and pluralistic media.

In a resolution on the incompatibility between democracy and racism, adopted without a vote, the Commission condemned legislation and practices based on racism and related intolerance; condemned the persistence and resurgence of neo-Nazism, neo-fascism and violent nationalist ideologies based on racial or national prejudice; and urged States to reinforce their commitment to promote tolerance and human rights.

In a resolution on the elimination of all forms of religious intolerance, adopted without a vote, the Commission condemned all such forms of intolerance; urged States to ensure that the constitutional and legislative systems provided adequate and effective guarantees of freedom of thought, conscience, religion and belief to all without distinction; and urged them to ensure that no one was deprived of the right to life or the right to liberty and security of person because of religion or belief, or was subjected to torture or arbitrary arrest and detention on that account.

In a resolution on the question of enforced or involuntary disappearances, adopted without a vote, the Commission urged Governments to take steps to protect witnesses of disappearances and the lawyers and families of disappeared persons against any intimidation or ill-treatment; to continue efforts to shed light on the fate of the individuals concerned and to set appropriate settlement machinery in motion; and reminded Governments that they should ensure that competent authorities proceeded immediately to conduct impartial inquiries in all circumstances where there was reason to believe an enforced disappearance had occurred.

In a resolution on the independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers, adopted without a vote, the Commission among other things invited the High Commissioner for Human Rights to continue to provide technical assistance to train judges and lawyers in the field of human rights; and encouraged Governments that faced difficulties in guaranteeing the independence of judges and lawyers or that were determined to take measures to implement these principles further to consult and to consider the services of the Commission's Special Rapporteur on the subject.

On the right to freedom of opinion and expression, the Commission adopted without a vote a resolution which expressed its continuing concern at the extensive occurrence of detention, long-term detention and extra-judicial killing, torture, intimidation, persecution and harassment directed at persons who exercised these rights as well as at persons who defended these rights and freedoms. And it decided to extend the mandate of the Special Rapporteur on the subject for a further three years.

Further on the subject of civil and political rights, the Commission also approved without a vote resolutions on arbitrary detention; the right to restitution, compensation and rehabilitation for victims of grave violations of human rights; conscientious objection to military service; administration of justice; and freedom of opinion and expression.

Under its agenda item on the human rights of women, the Commission among other things urged Governments to take appropriate measures to address the root factors, including external factors, that encouraged trafficking in women and children, in particular girls, for prostitution and other forms of commercialized sex, forced marriages and forced labour, so as to eliminate trafficking in women, including by strengthening existing legislation with a view to providing better protection of the rights of women and girls and to punishing perpetrators, through both criminal and civil measures; and called upon Governments to criminalize trafficking in women and children in all its forms and to condemn and penalize traffickers and intermediaries.

It approved without a vote a measure strongly condemning all acts of violence against women and girls, called for the elimination of all forms of gender-based violence in the family, within the general community and where perpetrated or condoned by the State, and emphasized the duty of Governments to refrain from engaging in violence against women and to exercise due diligence to prevent, investigate and in accordance with national legislation, punish acts of violence against women.

And it adopted a resolution without a vote on integrating the human rights of women throughout the United Nations system which among other things recognized the important role of women in the prevention and resolution of conflicts and in peace-building, the importance of their equal participation and full involvement in all efforts for the maintenance and promotion of peace and security and the need to increase their role in decision-making with regard to conflict prevention and resolution.

Under the Commission's agenda item on economic, social and cultural rights, the Commission also adopted a resolution without a vote on women's equal ownership, access to and control over land and equal rights to own property and to adequate housing in which is reaffirmed women's rights in these areas and affirmed that discrimination in such matters was a violation of the human rights of women.

Under its agenda item on the rights of the child, the Commission condemned in the strongest terms the Lord's Resistance Army (LRA) for the continued abduction, torture, killing, rape, enslavement and forcible recruitment of children in northern Uganda; demanded an immediate cessation of all such activities and of attacks; and called for the immediate and unconditional release and safe return of all abducted children currently held by the LRA.

The Commission will reconvene at 3 p.m. to begin its debate on its remaining agenda items including specific groups and individuals, indigenous issues, the report of the Subcommision on the Promotion and Protection of Human Rights, the promotion and protection of human rights, effective functioning of human rights mechanisms, advisory services and technical cooperation in the field of human rights, and rationalization of the work of the Commission.


Action on Resolutions and Decisions on Civil and Political Rights

In a resolution (E/CN.4/2002/L.55) on the incompatibility between democracy and racism, adopted without a vote, the Commission remained convinced that political platforms and organizations based on racism, xenophobia or doctrines of racial superiority and related discrimination must be condemned as incompatible with democracy and transparent and accountable governance; condemned legislation and practices based on racism and related intolerance; reaffirmed that such offenses condoned by governmental policies could endanger friendly relations among peoples, cooperation among nations, and international peace and security; that any form of impunity for crimes of such a nature weakened the rule of law and democracy and tended to encourage the recurrence of such acts; condemned the persistence and resurgence of neo-Nazism, neo-fascism and violent nationalist ideologies based on racial or national prejudice; urged States to reinforce their commitment to promote tolerance and human rights; and underlined the key role that political leaders and political parties could and ought to play in strengthening democracy by combatting racism and related intolerance.


In a resolution (E/CN.4/2002/L.56) on the elimination of all forms of religious intolerance, adopted without a vote, the Commission condemned all such forms of intolerance; urged States to ensure that the constitutional and legislative systems provided adequate and effective guarantees of freedom of thought, conscience, religion and belief to all without distinction; to ensure that no one was deprived of the right to life or the right to liberty and security of person because of religion or belief, or was subjected to torture or arbitrary arrest and detention on that account; to combat hatred, intolerance and acts of violence, intimidation and coercion motivated by intolerance based on religion or belief, with particular regard to religious minorities; to recognize the rights of all persons to worship or assemble in connection with a religion and belief and to establish and maintain places for these purposes; to exert utmost efforts to ensure that religious places, sites, and shrines were fully respected and protected; to promote and encourage understanding, tolerance and respect in all matters relating to religion and belief; emphasized that restrictions on the freedom to manifest religion or belief were permitted only if prescribed by law, were necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others, and were applied in a manner that did not vitiate the right to freedom of thought, conscience and religion; and called upon Governments to cooperate fully with the Special Rapporteur on the topic.

MUNIR AKRAM (Pakistan) said his country would join the adoption by consensus on this draft resolution. However, Pakistan deplored the conspiracy of silence and double standards with regard to the Muslim people in India. The world knew about the situation in Gujarat, India, where Muslims had been killed in a systematic planned massacre. The Imam of New Delhi had described the situation as genocide. The Prime Minister of India had blamed the victims instead of the perpetrators by saying that Muslims did not want to live in harmony with other people. This statement uncovered the fascist phase of Indian extremism and the commitment of the Prime Minister to the bigoted and fascist agenda of India. It was essential that India ban extremist factions. This Commission must condemn the killing of innocent Muslims.

SHARAT SABHARWAL (India) said that Pakistan was once again making false accusations and using intemperate language against India. The history of Pakistan repeated itself, replacing democratically elected leaders with military dictators. The Pakistani regime had been spreading violence and intolerance in the name of restoring religious values. The representative of Pakistan was well advised to read newspaper articles from around the globe about the involvement of Pakistan with terrorism. India objected to the fact that Pakistan, which took a leading role in a resolution condemning religious intolerance, spoke words that defamed the majority religion of India. The killing of Shia's was common occurrence in Pakistan. Killings were committed by the same elements that supported terrorism and military dictators in Pakistan.


In a resolution (E/CN.4/2002/L.57) on the question of enforced or involuntary disappearances, adopted without a vote, the Commission encouraged the Working Group on the subject to continue to promote communication between families of disappeared persons and the Governments concerned; to continue to consider the question of impunity; to continue to pay particular attention to cases of children subjected to such disappearances and to the children of disappeared persons; to pay particular attention to cases transmitted to it that referred to ill-treatment, serious threatening or intimidation of witnesses of disappearances or of relatives of disappeared persons; to cases of disappearance of persons working for the promotion and protection of human rights; deplored the fact that some Governments had never provided substantive replies concerning cases in their countries or acted on the recommendations concerning them made in the reports of the Working Group; urged the Governments concerned to cooperate; to take steps to protect witnesses of disappearances and the lawyers and families of disappeared persons against any intimidation or ill-treatment; to continue efforts to shed light on the fate of the individuals concerned and to set appropriate settlement machinery in train; to make provisions in their legal systems for machinery for victims of disappearances to seek fair and adequate reparation; reminded Governments that they should ensure that competent authorities proceeded immediately to conduct impartial inquiries in all circumstances where there was reason to believe an enforced disappearance had occurred; that perpetrators must be prosecuted; and that impunity was simultaneously one of the underlying causes of enforced disappearances and one of the major obligations to the elucidation of cases thereof.


In a resolution (E/CN.4/2002/L.58) on the question of arbitrary detention, adopted without a vote, the Commission requested the Governments concerned to take appropriate steps to remedy the situation of persons arbitrarily deprived of their liberty and to inform the relevant Working Group of the steps they had taken; encouraged Governments concerned to implement the recommendations of the Working Group concerning persons mentioned in its report who had been detained for many years; to take appropriate measures to ensure that their legislation, regulations and practices were in conformity with international standards; not to extend states of emergency beyond what was strictly required by the situation; encouraged all Governments to invite the Working Group to visit; requested Governments concerned to give the necessary attention to "urgent appeals" addressed to them by the Working Group; took note with satisfaction that the Working Group had been informed of the release of some of the individuals whose situations had been brought to its attention, while deploring the many cases which had not yet been resolved; and took note of the recommendations of the Working Group concerning imprisonment related to insolvency and detention used as a means of protection of victims.


In a resolution (E/CN.4/2002/L.60) on the independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers, adopted without a vote, the Commission noted with appreciation the determination of the Special Rapporteur on the subject to achieve as wide dissemination as possible of information about existing standards relating to such independence and impartiality; invited the High Commissioner for Human Rights to continue to provide technical assistance to train judges and lawyers and to associate with the Special Rapporteur in the elaboration of a manual on the training of judges and lawyers in the field of human rights; urged all Governments to assist the Special Rapporteur in the discharge of his mandate and to transmit to him all information requested; and encouraged Governments that faced difficulties in guaranteeing the independence of judges and lawyers or that were determined to take measures to implement these principles further to consult and to consider the services of the Special Rapporteur, for instance by inviting him to visit.

In a resolution (E/CN.4/2002/L.61) on the right to restitution, compensation and rehabilitation for victims of grave violations of human rights and fundamental freedoms, adopted without a vote, the Commission called upon the international community to give due attention to the right; requested the Secretary-General to circulate the text of the "Basic principles and guidelines on the right to a remedy and reparation for victims of violations of international human rights and humanitarian law" annexed to the report of the Independent Expert on the subject; and requested the High Commissioner for Human Rights to hold a consultative meeting for all interested Member States, intergovernmental and non-governmental organizations with a view to finalizing the "Basic principles and guidelines".

In a resolution (E/CN.4/2002/L.62) on conscientious objection to military service, adopted without a vote, the Commission called upon States to review their current laws and practices in relation to conscientious objection in the light of Commission resolution 1998/77 and to consider the information contained in the report of the High Commissioner for Human Rights on the topic; and requested the Office of the High Commissioner to continue the preparation of its compilation and analysis of best practices in relation to conscientious objections to military service.

In a resolution on further measures to promote and consolidate democracy (E/CN.4/2002/L.65), adopted by a roll-call vote of 43 in favour and none opposed, with 9 abstentions, the Commission declared that the essential elements of democracy included respect for human rights and fundamental freedoms, freedom of association, freedom of expression and opinion, access to power and its exercise in accordance with the rule of law, the holding of periodic free and fair elections by universal suffrage and by secret ballot as the expression of the will of the people, a pluralistic system of political parties and organizations, the separation of powers, the independence of the judiciary, transparency and accountability in public administration, and a free, independent and pluralistic media; reaffirmed that free and fair elections were an essential feature of democracy and must be part of a broader process that strengthened democratic principles; welcomed the adoption by various regional, subregional and other organizations and initiatives of institutional rules and structures which recognized the interdependent relationship between democracy and the protection of human rights, as well as the adoption of mechanisms designed to promote it, to prevent situations which affected or threatened democratic institutions, or to implement measures for the collective defence of democracy; encouraged States to promote the contribution of organizations of civil society to the promotion of good governance; encouraged the paying of particular attention to the recommendation by the Secretary-General that the United Nations should work to develop integrated democracy assistance programmes and common country strategies that were locally owned and which involved a wide array of local actors; and urged the Office of the High Commissioner for Human Rights to invite the views of various regional, subregional and other organizations and arrangements on the role they played in promoting and consolidating democracy, and to report to the Commission on the conclusions resulting therefrom.

The vote was as follows:

In favour: Algeria, Argentina, Armenia, Austria, Bahrain, Belgium, Brazil, Burundi, Cameroon, Canada, Chile, Costa Rica, Croatia, Czech Republic, Democratic Republic of the Congo, Ecuador, France, Germany, Guatemala, India, Indonesia, Italy, Japan, Kenya, Malaysia, Mexico, Nigeria, Pakistan, Peru, Poland, Portugal, Republic of Korea, Russian Federation, Senegal, South Africa, Spain, Sweden, Thailand, Uganda, United Kingdom of Great Britain and Northern Ireland, Uruguay, Venezuela and Zambia.

Against: None

Abstentions: China, Cuba, Libyan Arab Jamahiriya, Saudi Arabia, Sierra Leone, Sudan, Swaziland, Syrian Arab Republic and Viet Nam.


An amendment to resolution L.65 proposed by Cuba, to add a preambular paragraph was defeated by a roll-call vote of 22 for, 25 against, with six abstentions. A second amendment to delete operative paragraph 5 was defeated by a roll-call vote of 9 for, 37 against, with 7 abstentions.

The result of the vote on the former was as follows:

In favour: Algeria, Bahrain, Burundi, Cameroon, China, Cuba, Democratic Republic of the Congo, Indonesia, Kenya, Libyan Arab Jamahiriya, Malaysia, Pakistan, Russian Federation, South Africa, Sudan, Swaziland, Syrian Arab Republic, Thailand, Togo, Uganda, Viet Nam and Zambia.

Against: Argentina, Armenia, Austria, Belgium, Brazil, Canada, Chile, Costa Rica, Croatia, Czech Republic, Ecuador, France, Germany, Guatemala, Italy, Japan, Mexico, Peru, Poland, Portugal, Republic of Korea, Spain, Sweden, United Kingdom of Great Britain and Northern Ireland and Uruguay.

Abstentions: India, Nigeria, Saudi Arabia, Senegal, Sierra Leone and Venezuela.


The result of the vote on the latter was as follows:

In favour: China, Cuba, Democratic Republic of the Congo, Libyan Arab Jamahiriya, Malaysia, Pakistan, Sudan, Syrian Arab Republic and Viet Nam.

Against: Algeria, Argentina, Armenia, Austria, Belgium, Brazil, Burundi, Cameroon, Canada, Chile, Costa Rica, Croatia, Czech Republic, Ecuador, France, Germany, Guatemala, India, Indonesia, Italy, Japan, Mexico, Nigeria, Peru, Poland, Portugal, Republic of Korea, Senegal, South Africa, Spain, Sweden, Thailand, Togo, Uganda, United Kingdom of Great Britain and Northern Ireland, Uruguay and Venezuela.

Abstentions: Bahrain, Kenya, Russian Federation, Saudi Arabia, Sierra Leone, Swaziland and Zambia.


SHEN YONGXIANG (China) said that to promote and consolidate democracy was a task of all Governments, however democracy could take different forms, such as parliamentary, presidential or constitutional monarchies. Under the principle of self-determination, countries had the right to chose their own model of democracy and to proclaim that there was only one model would lead to disastrous consequences. China agreed with the Cuban amendment and would vote in favour.

JOAQUIN PEREZ-VILLANUEVA Y TOVAR (Spain), speaking on behalf of the European Union (EU), said that L. 65 was a balanced text and the outcome of extensive consultations. It represented the point of view of a large number of countries with different traditions. The proposed new elements would undermine the balance achieved in the text. Consequently, the EU would vote against the amendments proposed by Cuba.

JORGE VOTO-BERNALES (Peru) said concerning the amendments submitted by Cuba that the objective of the sponsors of draft resolution L.65 was to emphasise the need to reinforce democracy, particularly through civil and political rights. This did not mean that there was no consideration of universal human rights as clearly stated in the preambular paragraphs. Peru wanted to clearly highlight the elements that were required for democracy, civil and political freedom. Playing down these factors would remove the credibility of the draft resolution. Peru was of the view that it was not necessary to introduce the amendments proposed by Cuba and would vote against the proposed amendments.

SHARAT SABHARWAL (India) said that his country had played a leading role in the process of decolonization and had sympathy for those living under occupation. However, India would abstain on the amendment to operative paragraph 2 since it did not consider several situations that derogated from democracy and where human rights were systematically violated.

VICTOR RODRIGUEZ CEDENO (Venezuela) said his country supported all initiatives to strengthen democracy as all understood that democracy and human rights were inseparable. Democracy was the only system that allowed for the full enjoyment of human rights. Only in a democratic society could there be social development. Last month's unfortunate events in Venezuela had further strengthened Venezuela's belief in democracy. Various institutions and regional mechanisms had supported Venezuela's democracy against any attempt to break the constitutional thread. It was necessary to protect the democratic values of the country and today they were stronger than ever.

MERCEDES DE ARMAS GARCIA (Cuba) said that his country supported and believed in democracy and had a democratic system elected by the people for the people. Again, another attempt was being made by the Commission to set a single model of democracy which failed to recognize the diversity of democratic systems based on different economic, cultural and social factors. Cuba could not stand by and see the establishment of intervention mechanisms. Cuba believed that L.65 was unbalanced and established erroneous patterns of democracy. Cuba therefore could not support this resolution and asked for a recorded vote. Cuba indicated it would abstain.

MOHAMED-SALAH DEMBRI (Algeria) said his country would vote in favour of the draft but wanted to say that the draft did not meet all democratic roles. There were a number of omissions in the context of Africa. It had been hoped that the NEPAD would be mentioned. With all due respect to the sponsors, the draft gave a rather dated view of what was required for democracy. Current economic and political covenants should also have been included in the draft. It was not only capital that should be able to move freely, but people also. The draft failed to recognize these limitations to international democratic society. The draft needed to be improved.

NAJAT AL-HAJJAJI (Libya) said her country would abstain on L.65. The resolution contained a reference to good governance, a concept on which there was no agreement within the United Nations. Libya stressed however the importance of transparency in combatting extreme poverty. Further, the resolution contained an implicit call for interference in the internal affairs of States in the name of democracy.

OMER M. A. SIDDIG (Sudan) said his country believed in democracy and was of the view that the cultural and traditional differences of each country had to be taken into consideration in democratic practices. Sudan would abstain in the vote.

FAYSAL KHABBAZ-HAMOUI (Syria) said the rejection of the amendments proposed by Cuba had considerably weakened the draft resolution, depriving it of essential elements. Syria believed in democracy and the consolidation thereof but would abstain in the vote since the draft was very weak.

ANTOINE MINDUA KESIA-MBE (the Democratic Republic of Congo) said his country would vote in favour of L.65, though it would do so with a heavy heart. The text did not give sufficient attention to economic and social rights. The Democratic Republic of the Congo was of the view that democracy could not work properly if social and economic opportunities did not live up to the aspirations of the people. Further, the resolution gave leeway for all kinds of interference in the internal affairs of States.


In a resolution on human rights in the administration of justice, in particular juvenile justice (E/CN.4/2002/L.67), adopted without a vote, the Commission appealed to Governments to include in their national development plans the administration of justice as an integral part of the development process and to allocate adequate resources; invited the international community to respond favourably to requests for financial and technical assistance for the enhancement and strengthening of the administration of justice; invited Governments to provide training in human rights in the administration of justice, in particular juvenile justice; stressed the special need for national capacity-building in the field of administration of justice; called upon the High Commissioner for Human Rights to reinforce her activities relating to national capacity-building in the field of administration of justice, in particular juvenile justice; took note of the concern of the Committee on the Rights of the Child that provisions of the Convention on the Rights of the Child relating to the administration of juvenile justice were in many instances not reflected in national legislation or practice; encouraged States to review their legislation to ensure that any national security, State security, counter-terrorism or similar laws under which children or juveniles could be tried were compatible with the provisions of international humanitarian law and applicable international human rights instruments, including the Convention on the Rights of the Child; urged States to ensure that under their legislation and practice neither capital punishment nor life imprisonment without the possibility of release could be imposed for offences committed by persons below 18 years of age; and requested the Secretary-General to submit a report on practical measures for the implementation of international standards in the field of human rights in the administration of justice, in particular regarding rebuilding and strengthening structures and capacities in post-conflict situations, and in juvenile justice.

YURI BOICHENKO (the Russian Federation) said his country regretted that such an important amendment had just been made moments before the vote. In another situation, a deferment would have been proposed. However, due to the current time difficulties the Russian delegation would refrain from such a proposal. It was necessary to state that the provisions of international humanitarian law did not relate to how a State dealt with terrorism.

MOHAMED-SALAH DEMBRI (Algeria) said that once again a draft resolution on human rights in the administration of justice, in particular juvenile justice, was a catalogue of good intentions. The general principles could not be objected to. However, there were oversights that could have been addressed and the results should have been better administration of justice for all. In particular, the resolution should have called for the lifting of State secrets to clarify a number of mysteries which continued to exist because of state security with resulting impunity. The resolution should have also addressed the question of administrative detention, which violated the Convention on Civil and Political Rights.


In a resolution on the right to freedom of opinion and expression (E/CN.4/2002/L.69), adopted without vote, the Commission expressed its continuing concern at the extensive occurrence of detention, long-term detention and extra-judicial killing, torture, intimidation, persecution and harassment directed at persons who exercised these rights as well as at persons who defended those rights and freedoms, including legal professionals and others who represented persons exercising those rights; called for further progress towards the release of persons detained for exercising these rights and freedoms; expressed its concern at the number of cases in which violations were facilitated and aggravated by the abuse of states of emergency, exercise of powers specific to states of emergency without formal declaration, and too vague a definition of offences against State security; encouraged States to ensure that any limitations on the right to freedom of expression were only such as provided by law and were necessary for the respect of the rights and reputations of others, or for the protection of national security or of public order or of public health or morals; expressed its concern at high rates of illiteracy; urged Governments to implement effective measures to eliminate the atmosphere of fear which often prevented women who had been victims of violence from communicating freely; stressed the importance of a diversity of sources of information; urged Governments to ensure the editorial independence of the media from Government influence or control; urged States to refrain from imposing restrictions which were not consistent with the provisions of article 19(3) of the International Covenant on Civil and Political Rights on access or use of modern telecommunications; appealed to all States to ensure respect and support for the rights of all persons who exercised the right to freedom of opinion and expression; to ensure that persons seeking to exercise such rights and freedoms were not discriminated against; to cooperate fully with and assist the Special Rapporteur on the topic; invited the Special Rapporteur to draw the attention of the High Commissioner for Human Rights to those situations and cases that were of particularly serious concern; and decided to extend the mandate of the Special Rapporteur for a further three years.

WALTER LEWALTER (Germany) said his country was concerned about threats and dangers to journalists carrying out their duties. Thirty-one journalists had been killed last year, according to Reporters without Borders. Many others had been harassed or put in prison. The number of journalists arrested or threatened could be counted in the hundreds. It was therefore imperative for the international community to react to this development by stressing the need for the protection of media professionals and for permitting journalists to exercise their right to freedom of opinion and expression.

MOHAMED-SALAH DEMBRI (Algeria) said modern techniques of telecommunication were used to listen illegally to all activities and Algeria urged the Commission to consider the modern misuse of telecommunications.

IMTIAZ HUSSAIN (Pakistan) said the amendments to this draft had been submitted at a late hour, which had made it difficult for delegations to consider them carefully. Consensus meant a broad understanding, and in this case everything had been presented as a fait accompli. Considering the time restrictions, the amendments would be supported by Pakistan, but it was hoped this would not become a precedent.


Explanations of Votes after the Vote on Civil and Political Rights

SAEED MOHAMED AL-FAIHANI (Bahrain), explaining earlier votes under resolutions on civil and political rights, said Bahrain had voted in favour of measures to promote democracy from the premise that the Kingdom of Bahrain wanted to promote popular participation in democracy. However, Bahrain had some reservations regarding terminology that did not refer to the diversity of cultures and to some issues that could lead to intervention in the domestic affairs of States.

FAYSAL KHABBAZ-HAMOUI (Syria), explaining an earlier vote, said Syria had abstained on the vote on human rights and terrorism, but appreciated the efforts of the co-sponsors to find a good text. Syria had been hopeful that the draft resolution would have encompassed operative paragraph 15 from the General Assembly resolution, referred to under international law. Syria reaffirmed the need to distinguish between terrorism and the legitimate struggle for freedom and liberation.

TEHMINA JANJUA (Pakistan) said her country had supported the content of the resolution on extrajudicial, summary or arbitrary executions and strongly supported the mandate of the Special Rapporteur on extrajudicial killings. Pakistan was of the view that it was the responsibility of every State to ensure the right to life. However, Pakistan had abstained on resolution L.51 because of the inclusion of the words "sexual orientation" in the resolution and regretted that a consensus was not reached on this issue.

MASARU WATANABE (Japan), in an explanation of vote on L.53 on torture and other cruel, inhuman or degrading treatment or punishment, said Japan was committed to the eradication of torture. However, his delegation had difficulties in understanding operative paragraph 12 which called upon all Governments to take appropriate effective legislative, administrative, judicial or other measures to prevent and prohibit the production, trade, export and use of equipment which was specifically designed to inflict torture or other cruel, inhuman or degrading treatment.


Action on Resolution on Economic, Social and Cultural Rights

In a resolution (E/CN.4/2002.L.49) on women's equal ownership, access to and control over land and equal rights to own property and to adequate housing, adopted without a vote, the Commission reaffirmed women's rights in these areas; affirmed that discrimination in such matters was a violation of the human rights of women; reaffirmed Commission on the Status of Women resolution 42/1, which urged States to design and revise laws to ensure that women were accorded full and equal rights to own land and other property, and the right to adequate housing, including through inheritance, and to undertake measures to give women the same rights as men to credit, capital, appropriate technologies, access to markets and information; encouraged Governments to support the transformation of customs and traditions that discriminated against women in these areas; recommended that Governments encourage financial lending institutions to ensure that their policies and practices did not discriminate against women; recommended that international financial institutions, regional, national and local housing financing institutions and other credit facilities promoted the participation of women and took into account their views in order to remove discriminatory policies and practices; and invited the Secretary-General to encourage all organizations and bodies of the United Nations system to undertake further initiatives to promote women's equal ownership of, access to and control over land and the equal rights to own property and to adequate housing, and to address discrimination against women in such matters.

TEHMINA JANJUA (Pakistan), speaking on behalf of the Organization of the Islamic Conference (OIC), said the OIC had joined in the consensus on this important issue. It was understood by the Member States that the provisions of the draft were to be implemented in the context of their own national mechanisms, cultures and religious beliefs, which for the OIC meant according to the values of Islam.


Action on Resolutions on the Human Rights of Women

In a resolution (E/CN.4/2002/L.59) on integrating the human rights of women throughout the United Nations system, adopted without a vote, the Commission emphasized that the goal of mainstreaming a gender perspective was to achieve gender equality and that this included ensuring that all United Nations activities integrated the human rights of women; recognized the importance of examining the intersection of multiple forms of discrimination, including their root causes, from a gender perspective, and their impact on the advancement of women and the enjoyment by women of their human rights, in order to develop and implement strategies, policies and programmes aimed at the elimination of all forms of discrimination against women; emphasized the need for further activities in the United Nations system to strengthen expertise concerning the equal status and human rights of women through, inter alia, the provision of training on the human rights of women and on gender mainstreaming; recognized the importance of the participation of women at all levels of decision-making, including at the higher levels within the United Nations, for the achievement of gender equality and the realization of the human rights of women; requested all special procedures and other human rights mechanisms of the Commission on Human Rights and the Subcommission for the Promotion and Protection of Human Rights, and invited human rights treaty bodies, regularly and systematically to take a gender perspective into account in the implementation of their mandates; urged all States that had not yet ratified or acceded to the Convention on the Elimination of All Forms of Discrimination against Women to do so, so that the universal ratification of the Convention could be achieved as soon as possible; recognized the important role of women in the prevention and resolution of conflicts and in peace-building, the importance of their equal participation and full involvement in all efforts for the maintenance and promotion of peace and security and the need to increase their role in decision-making with regard to conflict prevention and resolution, and urged the Untied Nations system and Governments to make further efforts in this regard and to take steps to ensure and support the full participation of women at all levels of decision-making and implementation in development activities and peace processes; requested the Secretary-General to report, at its fifty-ninth session, on the implementation of the present resolution; and decided to integrate a gender perspective into all of its agenda items.


In a resolution (E/CN.4/2002/L.63) on traffic in women and girls, adopted by consensus, the Commission urged Governments as well as donors, the Office of the United Nations High Commissioner for Human Rights, and international, regional and non-governmental organizations to consider the need for comprehensive anti-trafficking strategies, greater allocation of resources and better coordination of programmes and activities in tackling the problem of trafficking in persons, particularly women and girls; urged Governments to take appropriate measures to address the root factors, including external factors, that encouraged trafficking in women and children, in particular girls, for prostitution and other forms of commercialized sex, forced marriages and forced labour, so as to eliminate trafficking in women, including by strengthening existing legislation with a view to providing better protection of the rights of women and girls and to punishing perpetrators, through both criminal and civil measures; called upon Governments to criminalize trafficking in women and children in all its forms and to condemn and penalize traffickers and intermediaries, while ensuring protection and assistance to the victims of trafficking with full respect for their human rights; urged Governments to consider signing and ratifying the United Nations Convention against Transnational Organized Crime and the protocols supplementing the Convention; encouraged Governments, in cooperation with intergovernmental organizations and non-governmental organizations, to undertake information campaigns, targeted at women and girls, aimed at clarifying opportunities, limitations and rights in the event of migration so as to enable women to make informed decisions and to prevent them from becoming victims of trafficking; and requested the Secretary-General to provide the Commission, at its fifty-ninth session, with an update on the report on activities of the United Nations bodies and other international organizations pertaining to the problem of trafficking in women and girls.

In a resolution (E/CN.4/2002/L.66) on the elimination of violence against women, adopted without a vote, the Commission strongly condemned all acts of violence against women and girls and in this regard called, in accordance with the Declaration on the Elimination of Violence against Women, for the elimination of all forms of gender-based violence in the family, within the general community and where perpetrated or condoned by the State, and emphasized the duty of Governments to refrain from engaging in violence against women and to exercise due diligence to prevent, investigate and in accordance with national legislation, punish acts of violence against women and to take appropriate and effective action concerning acts of violence against women, whether those acts were perpetrated by the State, by private persons or by armed groups or warring actions, and to provide access to just and effective remedies and specialized, including medical, assistance to victims; strongly condemned physical, sexual and psychological violence occurring in the family; urged States parties to consider signing and ratifying the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women; stressed that States had an affirmative duty to promote and protect the human rights of women and had to exercise due diligence to prevent, investigate and punish acts of all forms of violence against women; strongly condemned violence against women committed in situations of armed conflict, such as murder, rape, including systematic rape, sexual slavery and forced pregnancy, and called for effective responses to these violations of international human rights and humanitarian law; welcomed efforts to eliminate impunity for violence against women in situations of armed conflict; urged the integration of a gender perspective into all efforts to eliminate impunity; urged States to provide gender-sensitive training to all actors, as appropriate, in peacekeeping missions in dealing with victims, particularly women and girls, of violence, including sexual violence; requested all Governments to cooperate with and assist the Special Rapporteur in the performance of her mandated tasks and duties; renewed its request to the Secretary-General to continue to provide the Special Rapporteur with all necessary assistance, in particular the staff and resources required to perform all mandated functions, especially in carrying out and following up on missions undertaken; and decided to continue consideration of the question as a matter of high priority at its fifty-ninth session.

MERCEDES DE ARMAS GARCIA (Cuba) said, in explanation of Cuba's position on L.66, that Cuba attached great importance to the efforts undertaken by the international community to prevent all forms of violence against women. Cuba also drew the attention of the Commission to an inaccuracy in the Spanish version of the text.


Action on Resolution on the Rights of the Child

In a resolution (E/CN.4/2002.L.19) on the abduction of children from northern Uganda, adopted without a vote, the Commission condemned in the strongest terms the Lord's Resistance Army (LRA) for the continued abduction, torture, killing, rape, enslavement and forcible recruitment of children in northern Uganda; demanded an immediate cessation of all such activities and of attacks on civilian populations by the LRA; called for the immediate and unconditional release and safe return of all abducted children currently held by the LRA; requested the United Nations Voluntary Fund for Victims of Torture to continue to provide assistance to victims and their families; urged Member States, international organizations, humanitarian bodies and all other concerned parties with any influence on the LRA to exert all possible pressure on them to release all children abducted; urged all Member States to support sustainable rehabilitation and reintegration programmes for such children and their dependents; welcomed the bilateral agreement between Sudan and Uganda; welcomed the re-establishment of diplomatic relations between the two countries; welcomed the return of some of the abducted children; and noted the recent efforts exerted by the Governments of the Sudan and Uganda which had resulted in the identification and reunification of more of such children with their families.

ANTOINE MINDUA KESIA-MBE (the Democratic Republic of the Congo) said the draft had been submitted by the African group and tackled the atrocious practice of abducting children. However, this draft had been submitted last year and this year by Uganda which raised suspicions since Uganda itself was engaging in this practice in the Democratic Republic of the Congo. It was an important issue wherever it occurred and his country would not object to the draft even though Uganda was encouraged to look into the situation of Uganda's abduction of children from the Democratic Republic of the Congo.

ARTHUR GAKWANDI (Uganda) said the resolution was about observance of humanitarian law by a specific rebel group that abducted children in northern Uganda. It did not concern relations between States. Uganda did rescue some children in an area of conflict in the Democratic Republic of the Congo. After their arrival, they were handed over to the United Nations High Commissioner for Refugees. Uganda was therefore surprised at the statement by the Democratic Republic of the Congo that suggested that Uganda had been involved in the abduction of children.




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