COMMISSION ON HUMAN RIGHTS ADOPTS MEASURES ON SPECIFIC GROUPS, INDIGENOUS ISSUES, SUBCOMMISSION REPORT, MYANMAR

Commission on Human Rights
58th session
25 April 2002
Morning



Elects Members of Subcommission on the Promotion
and Protection of Human Rights



The Commission on Human Rights this morning adopted resolutions and decisions on issues related to specific groups and individuals, indigenous issues, the report of the Subcommission on the Promotion and Protection of Human Rights, and the situation of human rights in Myanmar.
The Commission also elected members of the Subcommission on the Promotion and Protection of Human Rights, its main subsidiary body.
Under its agenda item on specific groups and individuals, the Commission adopted without a vote a number of resolutions concerning migrant workers, minorities, mass exoduses and displaced persons, and other vulnerable groups and individuals.
In a resolution on the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, the Commission expressed its deep concern at growing manifestations of racism, xenophobia, and other forms of discrimination and inhuman and degrading treatment directed against migrant workers in different parts of the world. And concerning tolerance and pluralism as indivisible elements in the promotion and protection of human rights, the Commission in a resolution condemned unequivocally all violent acts and activities that infringed upon human rights and affirmed that the ethnic, cultural, linguistic and religious identity of minorities, where they existed, must be protected.
With regards to internally displaced persons, the Commission in a resolution called upon Governments to provide protection and assistance to internally displaced persons, as well as to provide access for them to public services, including education. On the issue of the rights of persons belonging to national or ethnic, religious and linguistic minorities, the Commission in a resolution reaffirmed the obligation of States to ensure that such persons could exercise fully and effectively all human rights without discrimination and in full equality before the law.
Resolutions were also adopted on violence against women migrant workers, the protection of migrants and their families, missing persons, and the human rights of persons with disabilities. A measure on the rights of non-citizens was also approved.
In a resolution on the human rights of migrants, the Commission strongly condemned the manifestations and acts of racism and related intolerance against migrants and the stereotypes often applied to them. It also decided to extend for a period of three years the mandate of the Special Rapporteur on the human rights of migrants.
On indigenous issues, the Commission adopted without a vote a resolution on the Working Group on indigenous populations of the Subcommission on the Promotion and Protection of Human Rights and the International Decade of the World's Indigenous People, in which it urged the Working Group to continue its comprehensive review of developments and of the diverse situations and aspirations of the world's indigenous people. Concerning the Working Group to elaborate a draft declaration in accordance with paragraph 5 of General Assembly resolution 49/214 of 23 December 1994, the Commission invited the Chairperson/Rapporteur of the Working Group and all interested parties to conduct broad informal intersessional consultations to facilitate progress in drafting a declaration on the rights of indigenous people at the next session of the Working Group.
A resolution was also adopted on human rights and indigenous issues, as was a decision on the recognition of the work of Erica-Irene A. Daes, former member of the Subcommission and Chairperson-Rapporteur of the nineteenth session of the Working Group on Indigenous Populations.
Concerning the work of the Subcommission on the Promotion and Protection of Human Rights, the Commission adopted a resolution in which it reaffirmed that the Subcommission could best assist the Commission by providing it with independent expert studies, recommendations based on these studies, studies research and expert advice at the request of the Commission. It adopted a measure in which it invited the Subcommission to give careful consideration to the Durban Declaration and Plan of Action and to play a complementary role in the realization of the objectives of the World Conference. The measure was adopted by a roll-call vote of 52 in favour and one abstention.
Under its agenda item on the question of the violation of human rights and fundamental freedoms in any part of the world, the Commission adopted a resolution on the situation of human rights in Myanmar in which it expressed its appreciation for the assistance and collaboration that the Government of Myanmar had extended to the relevant Special Rapporteur and urged it to continue cooperating with United Nations mechanisms. The Commission expressed grave concern at the persistence of a Government policy based on repression of all political activities of the opposition and on the abuse of the legal system, and at the persistence of grave and massive violations of the human rights of civilians, especially in areas where the military conflict was still ongoing between the army and armed groups in the States of Shan, Karen, and Karenni. It urged all parties to respect international law. The Commission strongly urged the Government to release immediately and unconditionally all those imprisoned for political reasons and to eradicate forced labour and sanction those responsible. It also decided to extend the mandate of the Special Rapporteur on Myanmar for a further year.
The representative of Myanmar said that there had been significant developments in the political field in his country. Over 580 detainees had been released in the past year, more than at any other time before. Myanmar's cooperation with the United Nations and other international organizations had reached new heights. The resolution was biased, unbalanced and unfair. Its negative tone and thrust were in a sharp contrast to the significant positive developments in Myanmar in the past year. Myanmar did not accept that there was any need for a resolution on the situation of human rights in the country and did not consider itself bound by it.
Representatives of the following countries took the floor during the debate this morning: India, Sudan, Armenia, Canada, the United Kingdom, Cuba, Pakistan, Algeria, Myanmar, Malaysia (on behalf of ASEAN), China, Japan, Venezuela, Guatemala, Spain (on behalf of the European Union), the Czech Republic, South Africa and Nigeria.
When the Commission reconvenes at 3 p.m. on Thursday, 25 April, it will continue to take action on resolutions and decisions. The Commission will conclude its fifty-eighth session on Friday, 26 April.

Election of Members of Subcommission on the Promotion and Protection of Human Rights
The following Experts were elected to serve as members of the Subcommission on the Promotion and Protection of Human Rights for a period of four years.
African States
Lalaina Rakotoarisoa (Madagascar), Rui Baltazar Dos Santos (Mozambique), and El Hadji Guisse (Senegal). Alternate: Cristiano Dos Santos (Mozambique).
Asian States
Chen Shiqiu (China), Soli Jehangir Sorabjee (India), and Abdul Sattar (Pakistan). Alternates: Liu Xinsheng (China), and Khalid Aziz Babar (Pakistan).
Eastern European States
Vladimir A. Kartashkin (Russian Federation), and Oleg A. Malguinov (Russian Federation), Alternate.
Latin American States
Paulo Sergio Pinheiro (Brazil), José Bengoa (Chile), and Florizelle O'Connor (Jamaica). Alternates: Marilia Sardenberg Zelner Gonçalves (Brazil).
Western European and Other States
Emmanuel Decaux (France), Kalliopi K. Koufa (Greece), and Françoise Hampson (United Kingdom). Alternates: Michèle Picard (France), and Nilolaos Zalkos (Greece).

Action on Resolutions on Specific Groups and Individuals
In a resolution (E/CN.4/2002/73) on the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, adopted without a vote, the Commission expressed its deep concern at growing manifestations of racism, xenophobia, and other forms of discrimination and inhuman and degrading treatment directed against migrant workers in different parts of the world; welcomed the signing or ratification of or accession to the Convention; called again upon all States to consider seriously signing, ratifying or acceding to the Convention as a matter of priority, especially as only one more ratification was needed for the Convention to enter into force; expressed the hope that it would do so at an early date; and requested the Secretary-General to make all the necessary provisions for the timely establishment of the Committee referred to in article 72 of the Convention as soon as the Convention entered into force.
In a resolution (E/CN.4/2002/75) on tolerance and pluralism as indivisible elements in the promotion and protection of human rights, adopted without a vote, the Commission condemned unequivocally all violent acts and activities that infringed upon human rights; affirmed that the ethnic, cultural, linguistic and religious identity of minorities, where they existed, must be protected and that persons belonging to such minorities should be treated equally and without discrimination of any kind; reiterated the obligation of all States and the international community to promote universal respect for an observance of all human rights and fundamental freedoms; to protect effectively the human rights of all persons belonging to minorities without discrimination and in full equality before the law; to oppose all forms of discrimination and take all appropriate means towards prevention and elimination of discrimination; to take steps to prevent manifestations of hatred, intolerance and acts of violence, in particular through education and dialogue; to promote and enhance tolerance, coexistence and harmonious relations; and it invited the media to promote tolerance and respect for diversity.
In a resolution (E/CN.4/2002/76) on internally displaced persons, adopted without a vote, the Commission welcomed the dissemination, promotion and application of the Guiding Principles on Internal Displacement and the fact that the Representative of the Secretary-General on the subject had made use of the Guiding Principles in his dialogue with Governments and various organizations; expressed its appreciation to Governments, intergovernmental and non-governmental organizations which had provided assistance and protection to internally displaced persons; called upon all Governments to facilitate the activities of the Representative, in particular those Governments with situations of internal displacement which had not yet extended invitations or responded positively to requests for information from the Representative; called upon Governments to provide protection and assistance to internally displaced persons, as well as to provide access for them to public services, including education; stressed the need to further strengthen inter-agency arrangements and the capacities of relevant United Nations agencies to meet the immense humanitarian challenges of internal displacement; noted with appreciation the increased attention paid to internally displaced persons in the consolidated inter-agency appeals process and encouraged further efforts to that end; welcomed the initiatives undertaken by regional organizations to protect and help internally displaced persons and encouraged them to strengthen their efforts in cooperation with the Representative; and called upon the High Commissioner for Human Rights, in cooperation with Governments, the Representative of the Secretary-General and other relevant parts of the United Nations system to promote the human rights of internally displaced persons and to develop projects in that regard.
RAJESH NANDAN PRASAD (India) said he appreciated the flexibility shown by the sponsors of the draft resolution on the rights of internally displaced persons. India believed that there was a need to address globally the problem of internally displaced persons. Those category of people suffered from the lack of legal protection, which was binding on those States where displaced persons were present. India on its part had taken measures on the issue.
OMER M. A. SIDDIG (Sudan) said that the problem of internally displaced persons must be covered by national sovereignty. International efforts to address the problem of internally displaced persons should supplement efforts by national governments. The Guiding Principles on Internal Displacement were not binding.
In a resolution (E/CN.4/2002/77) on the rights of persons belonging to national or ethnic, religious and linguistic minorities, adopted without a vote, the Commission reaffirmed the obligation of States to ensure that such persons could exercise fully and effectively all human rights without discrimination and in full equality before the law; urged States to take all necessary measures to promote and give effect to the relevant Declaration on the rights of minorities; urged them and the international community to promote and protect the rights of minorities as set out in the Declaration; urged States to pay specific attention to the negative impact of racism and related intolerance on the situation of minorities; called upon them to give special consideration to children belonging to minorities, taking into account that girls and boys could face different types of risks; called upon them to protect the cultural and religious sites of minorities; called upon States, intergovernmental organizations, United Nations bodies and non-governmental organizations to participate actively in the work of the Working Group on Minorities; and requested the High Commissioner for Human Rights to submit to the Commission at its fifty-ninth session a report analysing information already provided in the reports of existing special procedures, treaty-monitoring bodies and the Working Group on situations involving minorities, in particular with regard to conflict prevention.
In a resolution (E/CN.4/2002/78) on violence against women migrant workers, adopted without a vote, the Commission called upon concerned Governments, particularly those of origin and destination, to put in place penal sanctions to punish perpetrators of violence against women migrant workers and, to the extent possible, to provide the victims with the full range of immediate assistance that would allow them to be present during the judicial process, to safeguard their dignified return to their countries of origin and to establish reintegration and rehabilitation schemes for returning women migrant workers; invited States to consider adopting appropriate legal measures against intermediaries who deliberately encouraged the clandestine movement of workers and who exploited women migrant workers; urged States to seek full respect for and compliance with the Vienna Convention on Consular Relations of 1963; encouraged States to consider signing and ratifying or acceding to the International Convention on protecting the rights of migrant workers and their families, the Convention against Transnational Organized Crime and its two protocols, the Protocol against the Smuggling of Migrants by Land, Sea and Air and the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, as well as the Slavery Convention of 1926; and requested the Secretary-General to submit to the Commission at its sixtieth session a comprehensive follow-up report on the problem of violence against women migrant workers.
In a resolution (E/CN.4/2002/80) on the protection of migrants and their families, adopted without a vote, the Commission called upon States to facilitate family reunification in an expeditious and effective manner; encouraged States of origin to promote and protect the human rights of those families of migrant workers which remained in countries of origin, paying particular attention to children and adolescents whose parents had emigrated; encouraged all Governments to remove unlawful obstacles that could prevent the safe, unrestricted and expeditious transfer of earnings, assets and pensions of migrants to their countries of origin or to any other country; urged States to give special attention to the serious situation of lack of protection, and in some cases exploitation, of trafficked persons, smuggled migrants and domestic workers; requested all States firmly to prosecute cases of violation of labour law with regard to migrant workers' conditions of work; urged States to eradicate impunity for those who committed xenophobic or racist acts against migrants; requested Governments to prevent the violation of the human rights of migrants while in transit; encouraged States of origin and destination to consider the adoption of bilateral or regional strategies aimed at protecting the human rights of migrants and their families; encouraged States to undertake information campaigns aimed at clarifying opportunities, limitations and rights in the event of migration, so as to enable everyone, in particular women, to make informed decisions and to prevent them from becoming victims of trafficking or using dangerous means of access; and called upon all States to consider signing, ratifying or acceding to the International Convention on the rights of migrants and their families.
In a resolution (E/CN.4/2002/81) on missing persons, adopted without a vote, the Commission urged States strictly to observe and respect and ensure respect for the rules of international law, as set out in the Geneva Conventions and the Additional Protocols thereto; reaffirmed the right of families to know the fate of their relatives reported missing in connection with armed conflicts; reaffirmed that each party to an armed conflict, as soon as circumstances permitted, should search for persons reported missing by an adverse party; called upon States which were parties to armed conflicts to take immediate steps to identify the fate of persons reported missing; requested States to pay the utmost attention to cases of missing children in connection with armed conflicts; and invited States to cooperate fully in cases of missing persons with the International Committee of the Red Cross.
KAREN NAZARIAN (Armenia) said that despite reservations it had regarding the legal language of the text contained in L.81 and its reservations as to its inclusion under agenda item 14, Armenia was pleased to note that all the amendments it had proposed had received due attention and that the text was in line with the Geneva Conventions. Armenia indicated that it was ready to become a co-sponsor of this initiative.
SHARAT SABHARWAL (India) said his country was not a party to the Additional Protocols to the Geneva Conventions. While recognizing the role of the International Committee of the Red Cross in conflicts, India believed that its role had to be limited according to the consent of the Government.
In a resolution (E/CN.4/2002/84) on the human rights of persons with disabilities, adopted with a vote, the Commission recognized that any violation of the fundamental principle of equality or any discrimination or other negative differential treatment of persons with disabilities inconsistent with the Standard Rules on the Equalization of Opportunities for Persons with Disabilities was an infringement of human rights; called upon the Secretary-General to maintain the integrity of programmes within the United Nations system relating to persons with disabilities; invited the Special Rapporteur on disability of the Commission for Social Development to address the Commission on Human Rights at its fifty-ninth session and to regularly provide the Commission with reports; called upon the Office of the High Commissioner for Human Rights to consider in its activities implementing the recommendations that related to it in the Study on Human Rights and Disability; urged governments to consider nominating persons with disabilities for election to the treaty monitoring bodies; invited the Ad Hoc Committee to consider proposals for an international convention to promote and protect the rights and dignity of persons with disabilities to consider meeting at least once in Geneva before the fifty-ninth session of the Commission and periodically thereafter; noted the decision of the Office of the High Commissioner to create a focal point to follow up questions relating to the human rights of persons with disabilities; urged Governments to cover fully the question of the human rights of such persons in complying with reporting obligations under relevant United Nations human rights instruments; invited Governments, civil society and the private sector to contribute to the United Nations Voluntary Fund on Disability; expressed grave concern that situations of armed conflict had especially devastating consequences for persons with disabilities; called upon all States and relevant United Nations bodies to contribute on an ongoing basis to international mine-clearance efforts; encouraged the development of programmes for persons with disabilities to enable them to develop their potential to participate fully in society; and encouraged Governments to develop appropriate educational policies and practices for persons with disabilities.
In a resolution on the human rights of migrants (E/CN.4/2002/86), adopted without a vote, the Commission strongly condemned the manifestations and acts of racism and related intolerance against migrants and the stereotypes often applied to them; all forms of racial discrimination and xenophobia related to access to employment, vocational training, housing, schooling, health services and social services; requested States effectively to promote and protect the human rights of all migrants, especially those of women and children, regardless of their migratory condition; called upon all States to consider reviewing and revising immigration policies with a view to eliminating all discriminatory practices against migrants; reaffirmed the duty of States parties to ensure full respect for and observance of the Vienna Convention on Consular Relations; urged all States to put an end to arbitrary arrest and detention of migrants, including by individuals and groups; encouraged States to enact domestic legislation and to take further measures to combat international trafficking and smuggling of migrants and to take into account that trafficking and smuggling endangered the lives of migrants or entailed different forms of servitude or exploitation; called upon States to protect all human rights of migrant children, particularly unaccompanied migrant children, ensuring that the best interests of the children were the paramount consideration; and decided to extend for a period of three years the mandate of the Special Rapporteur on the human rights of migrants.
In a measure on the rights of non-citizens, adopted without a vote, the Commission decided to approve the request of the Subcommission on the Promotion and Protection of Human Rights that the Secretary-General transmit a questionnaire of the Special Rapporteur on the topic to Governments and relevant organizations to solicit information they might wish to submit in connection with the study being developed on the matter.

Explanations of the Vote after the Vote
MARIE GERVAIS-VIDRICAIRE (Canada) said that it was a migrant receiving country whose charter of rights and freedom effectively guaranteed the rights of migrants. Canada's existing system was recognized as effective. In the past ten years, Canada had received some two million workers. Canada supported the resolution extending the mandate of the Special Rapporteur on migrant workers.

Action on Resolutions and Decision on Indigenous Issues
In a resolution (E/CN.4/2002/79) on the Working Group on indigenous populations of the Subcommission on the Promotion and Protection of Human Rights and the International Decade of the World's Indigenous People, adopted without a vote, the Commission urged the Working Group to continue its comprehensive review of developments and of the diverse situations and aspirations of the world's indigenous people; recommended that the Economic and Social Council authorize the Working Group to meet for five working days prior to the fifty-fourth session of the Subcommission; invited the Working Group to continue its consideration of ways in which the expertise of indigenous people could contribute to the work of the Working Group, and encouraged initiatives by Governments and relevant organizations to ensure the full participation of indigenous people in the activities related to the tasks of the Working Group; emphasized the important role of international cooperation in promoting the goals and activities of the International Decade; appealed to all Governments, organizations and individuals in a position to do so to contribute to the Voluntary Fund for the Decade; encouraged Governments to support the Decade; requested the High Commissioner for Human Rights to ensure that the indigenous people's unit in the Office of the High Commissioner was adequately staffed and resourced to enable the activities of the Decade to be effectively implemented; and invited the United Nations financial and development institutions, operational programmes and specialized agencies to give increased priority and resources to improving the conditions of indigenous people.
In a resolution (E/CN.4/2002/83) on the Working Group to elaborate a draft declaration in accordance with paragraph 5 of General Assembly resolution 49/214 of 23 December 1994, adopted without a vote, the Commission recommended that the Working Group meet for ten working days prior to the fifty-ninth session of the Commission; invited the Chairperson/Rapporteur of the Working Group and all interested parties to conduct broad informal intersessional consultations to facilitate progress in drafting a declaration on the rights of indigenous people at the next session of the Working Group; encouraged organizations of indigenous people which were not already registered to participate in the Working Group; and requested the Working Group to submit a progress report for consideration by the Commission at its fifty-ninth session.
In a resolution (E/CN.4/2002/85) on human rights and indigenous issues, adopted without a vote, the Commission invited the Special Rapporteur on the topic to take into account all the recommendations of the Permanent Forum on Indigenous Issues and of the Working Group on Indigenous Populations relevant to his mandate; requested the Office of the High Commissioner for Human Rights to facilitate the attendance of the Special Rapporteur at the first annual session of the Permanent Forum; reiterated the invitation to the Special Rapporteur to pay special attention to violations of the rights and freedoms of indigenous children and women; requested all Governments to cooperate fully with the Special Rapporteur; and urged those States that had not yet done so to consider signing, ratifying or acceding to International Labour Organization Convention No. 169 concerning indigenous and tribal peoples in independent countries of 1989.
In a decision on recognition of the work of Erica-Irene A. Daes (E/CN.4/2002/74) , the Commission decided to recommend that the Economic and Social Council invite Mrs. Daes, the Chairperson-Rapporteur of the nineteenth session of the Working Group on Indigenous Populations, to attend and address the first session of the Permanent Forum on Indigenous Issues in May 2002.
RODOLFO REYES RODRIGUEZ (Cuba) said that the United Kingdom was trying to change the objective of what was proposed by the Subcommission to the Commission. In spite of the amendment it was not clear what the goal was. Cuba feared that this was an attempt to paralyse the work of the Working Group on Indigenous populations.
AUDREY GLOVER (the United Kingdom) said the reason for the amendment was to ensure that they were procedurally correct and to reflect the esteem that the international community held for Mrs. Daes.
RODOLFO REYES RODRIGUEZ (Cuba) said that as a compromise, Cuba proposed to replace "address" with "and present her contribution to".
TEHMINA JANJUA (Pakistan) said that she agreed with the amendment of the delegation of the United Kingdom. However, as Cuba said, the text should include "attend, address and contribute to the Forum".
MOHAMED-SALAH DEMBRI (Algeria) said he wanted to reiterate that if one placed the initial text and the amendment together, there was an ambiguity present and a level of censure. Algeria was not convinced by the amendment brought forward by the United Kingdom.
AUDREY GLOVER (the United Kingdom) said that its proposal was not intended to be a form of censure but was intended to ensure that the correct procedure was followed.

Action on Resolution and Decision on the Report of the Subcommission on the Promotion and Protection of Human Rights
In a resolution on the work of the Subcommission on the Promotion and Protection of Human Rights (E/CN.4/2002/87), adopted without a vote, the Commission reaffirmed that the Subcommission could best assist the Commission by providing it with independent expert studies; recommendations based on these studies; studies research and expert advice at the request of the Commission; welcomed the actions taken by the Subcommisison to respond to recommendations by the Commission for the initiation of working papers and new studies; decided not to endorse the proposal of the Subcommission that the Commission take action on proposals of the Subcommission at its one-day annual informal meeting in September and requested the Office of the High Commissioner for Human Rights to report to the Commission on possible ways of addressing the issues raised by the Subcommission and of improving the Commission's action on proposals of the Subcommission; recommended that the Subcommission continue to hold annual closed meetings with the Expanded Bureau of the Commission so as to exchange views aimed at improving cooperation; that the Subcommission maintain a streamlined agenda; that it hold discussions of its working rules, procedures and timetable in closed meetings; that it respect strictly the highest standards of impartiality and expertise and avoid acts which would affect confidence in the independence of its members; and requested States when nominating and electing members and alternates to the Subcommission to be conscious of the strong concern to ensure that the body was independent and was seen to be so.
In a measure (E/CN.4/2002/114) on the Subcommission on the Promotion and Protection of Human Rights and the outcome of the World Conference against Racism, adopted by a roll-call vote of 52 in favour and 1 abstention, with none against, the Commission decided to invite the Subcommission to give careful consideration to the Durban Declaration and Plan of Action and to play a complementary role in the realization of the objectives of the World Conference.
The result of the vote was as follows:
In favour: Algeria, Argentina, Armenia, Austria, Bahrain, Belgium, Brazil, Burundi, Cameroon, Chile, China, Costa Rica, Croatia, Cuba, Czech Republic, Democratic Republic of the Congo, Ecuador, France, Germany, Guatemala, India, Indonesia, Italy, Japan, Kenya, Libyan Arab Jamahiriya, Malaysia, Mexico, Nigeria, Pakistan, Peru, Poland, Portugal, Republic of Korea, Russian Federation, Saudi Arabia, Senegal, Sierra Leone, South Africa, Spain, Sudan, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Uganda, United Kingdom of Great Britain and Northern Ireland, Uruguay, Venezuela, Viet Nam, Zambia.
Against: None
Abstentions: Canada.
MARIE GERVAIS-VIDRICAIRE (Canada) said her country had strong reservations concerning the Durban Declaration. The reasons for these reservations had already been stated. In some ways the Conference had contributed to the eradication of racism and discrimination, in other ways it had seriously hindered it. Canada called for a recorded vote and would abstain on it. Australia associated itself with Canada's statement.

Action on Resolution on the Question of the Violation of Human Rights and Fundamental Freedoms in Any Part of the World
In a resolution (E/CN.4/2002.L.32) on the situation of human rights in Myanmar, adopted without a vote, the Commission expressed its appreciation for the assistance and collaboration the Government of Myanmar had extended to the relevant Special Rapporteur and urged it to continue cooperating with United Nations mechanisms; welcomed contacts between the Government and Aung San Suu Kyi, Secretary-General of the National League for Democracy; steps taken by the Government to allow some political functions to be resumed by the opposition; the release from detention of some political activists, and urged the Government to free all remaining political prisoners; continued cooperation with the International Committee of the Red Cross; the reopening of some institutes of tertiary education, but remained concerned that enjoyment of the right to education continued to be limited; the understanding reached between the Government and the International Labour Office concerning appointment of an ILO liaison officer for Myanmar; took note of the slow pace of the process of national reconciliation and democratization and urged greater momentum; and urged the establishment of a Committee on Human Rights.
The Commission also expressed grave concern at the persistence of a Government policy based on repression of all political activities of the opposition and on the abuse of the legal system; at the composition and working procedures of the National Convention that did not permit either members of Parliament-elect or representatives of ethnic minorities to express their views freely; at the keeping of Daw Aung San Suu Kyi under house arrest and other members of the National League for Democracy in prison, and urged the Government to release them immediately and unconditionally; at the imprisonment of elected members of Parliament for peacefully exercising their freedoms of assembly, association and expression; at the fact that there was only very modest improvement in the eradication of forced labour; at the persistence of grave and massive violations of the human rights of civilians, especially in areas where the military conflict was still ongoing between the army and armed groups in the States of Shan, Karen, and Karenni, and urged all parties to respect international law; at the ever-increasing impact of HIV/AIDS on the population and urged the Government to recognize the gravity of the situation; at the deeply unsatisfactory conditions in prisons, labour camps and detention centres; deplored the continuing pattern of gross and systematic violations of human rights in Myanmar, including extrajudicial, summary or arbitrary executions, enforced disappearances, rape, torture, inhumane treatment, forced labour, including the use of children, forced relocation, and denial of the freedoms of assembly, association, expression, religion and movement; the lack of independence of the judiciary; the continued violations committed against persons belonging to ethnic and religious minorities; the continuing violations of the human rights of women; and the continuing violations of the rights of children.
The Commission strongly urged the Government to implement fully the recommendations of the Special Rapporteur; to ensure full respect for all human rights; to end practices of torture, abuse of women, forced labour, forced relocations and summary executions; to restore the independence of the judiciary; to recognize the political rights of members of all political parties; to respect the rights of women and children; to release immediately and unconditionally all those imprisoned for political reasons; to improve conditions of detention; to cease laying landmines; to eradicate forced labour and sanction those responsible; to implement fully the recommendations of the ILO; to promote and protect the human rights of persons with HIV/AIDS; to enable the building of a pluralist civil society; and decided to extend the mandate of the Special Rapporteur on Myanmar for a further year.
MYA THAN (Myanmar) said that there had been significant developments in the political field in Myanmar. Over 580 detainees had been released in the past year, more than at any other time before. Myanmar's cooperation with the United Nations and other international organizations had reached new heights. National reconciliation was an internal political question. Myanmar could not accept any attempt by outsiders to influence events in Myanmar by using pressure tactics under the pretext of promoting the cause of human rights. The draft resolution before the Commission contained a number of negative paragraphs couched in excessive language. The resolution was biased, unbalanced and unfair. Its negative tone and thrust were in a sharp contrast to the significant positive developments in Myanmar in the past year. Myanmar did not accept that there was any need for a resolution on the situation of human rights in Myanmar and would not be party to the adoption of this draft resolution. Nor did it consider itself bound by it.
MOHAD JOHAR AHMAD JAZRI (Malaysia), speaking on behalf of ASEAN, said that the draft on Myanmar had been crafted in an accurate, balanced and unbiased manner, reciprocating the spirit of cooperation that Myanmar had extended to the Special Rapporteur, the ILO and the Special Envoy of the Secretary-General during the past year. ASEAN felt that it would have been better if the resolution could be changed to "assistance to Myanmar in the field of human rights" under agenda item 19 instead of the confrontational agenda item 9.
SHARAT SABHARWAL (India) said co-sponsors had shown great flexibility; however the text could still have been more balanced. The Government of Myanmar had been cooperating with international human rights mechanisms and had progressed in a positive direction. The Commission must encourage such development and must not act in a counterproductive way. The international community must ensure that all required aid was received.
TEHMINA JANJUA (Pakistan) said that Pakistan welcomed the consensus resolution on Myanmar and expressed its support for a dialogue based on a cooperative approach. Myanmar must be commended for its consistent cooperation with the United Nations.
OMER M. A. SIDDIG (Sudan) appreciated the flexibility of the concerned delegation and said that although the text had a positive aspect, it should have been more balanced. Further dialogue would have avoided confrontation in the Commission.
SHEN YONGXIANG (China) said earlier the Commission had adopted L.32 on the situation of human rights in Myanmar without a vote. On the basis of the spirit of cooperation, the Chinese delegation had not opposed this. However, China did have reservations concerning the resolution. Myanmar was a small developing country facing numerous difficulties, yet the Government had done a good deal to promote human rights through national reconciliation, the freedom of expression, and combatting the spread of HIV/AIDS. There had been some remarkable results and the Government had cooperated with human rights bodies, which was confirmed by the reports of the Special Rapporteur and the Special Envoy of the Secretary-General. The Commission must support and assist the Government of Myanmar to have an increasing number of successes in human rights. It was regrettable that the information in L.32 was neither effective nor complete. Human rights must not be used to put pressure on developing countries and to intervene in their internal affairs.
MASARU WATANABE (Japan) said that there had been important positive developments in Myanmar and it was important for the international community to acknowledge these developments and to send a balanced message to Myanmar. Japan considered that the current draft resolution lacked accuracy and balance in some paragraphs. It was hoped that further efforts to produce a more balanced text would be made next year if the Commission was to adopt another resolution. Japan reiterated its hope that the Government of Myanmar would continue to improve the human rights situation in the country and to advance the process of national reconciliation.

Action on Resolution on Racism, Racial Discrimination, Xenophobia and All Forms of Discrimination
There was an extended debate on draft resolution (E/CN.4/2002/12) on racism, racial discrimination, xenophobia and related intolerance, but the Commission delayed taking action on the draft resolution until the afternoon meeting.
WERNER CORRALES LEAL (Venezuela) said that his country had participated in the preparatory process for the World Conference against Racism and had also been active in promoting the programme of action of the Durban Conference. The text of the draft resolution was a product of extensive negotiations. Unfortunately, a consensus had not been reached on such an important text. Venezuela reiterated its commitment to the outcome of the Durban Conference.
ANTONIO ARENALES FORNO (Guatemala) said his delegation was committed to the fight against racism and discrimination and supported almost all the commitments made in the Durban Declaration. Most of them were useful. However, Guatemala still had reservations to it and had dissociated itself from aspects in the Declaration on the Middle East. The provisions dealing with the human rights of indigenous peoples were deficient and Guatemala hoped that indigenous collective rights would be considered seriously. And the provisions on the Middle East were politicised which had limited the results of the Conference. Guatemala firmly supported the elimination of racial discrimination of people of African descent, however it questioned operative paragraph 8 which spoke of the establishment of a Working Group. According to Guatemala, this mandate would be too ambiguous and too broad at the same time.
JOAQUIN PEREZ VILLANUEVA Y TOVAR (Spain), speaking on behalf of the European Union, said that the fight against racism and racial discrimination was a responsibility and a duty of all members of the international community. The Union shared a common goal with all those committed to the eradication of racism. In that regard, the Union recalled its commitment to the fight against racism. That fight was a key element of the policy of the European Union and each of its Member States. The Union reaffirmed its readiness to transform Durban into a reality. All efforts should be made to develop consensual approaches to the implementation of the Durban commitments. The Union regretted that, for the first time in many years, a consensual approach to this resolution had not been possible.
MARIE GERVAIS-VIDRICAIRE (Canada) said that her country was strongly and sincerely committed to the eradication of racism. The text before the Commission focused on the follow-up to the Durban Conference, a conference that was inexcusably marred by unacceptable references to the Middle East. Canada reiterated that it dissociated itself integrally from all references in the Durban Declaration and Programme of Action directly or indirectly relating to the Middle East. This said, Canada was ready to use the positive measures contained in the Durban outcome documents. Canada was disappointed that L.12 did not take the opportunity to build on and strengthen the positive aspects of the outcome of Durban. Consequently, despite its longstanding and continuing commitment to the fight against racism, Canada was not able to support L. 12.
RODOLFO REYES RODRIGUEZ (Cuba) said the resolution gave a very clear roadmap on the implementation of the Durban declaration. Cuba had not been entirely happy with the Conference since no mention was made of the genocide and slavery of Cuba, or the compensation and reparation for victims of racism. These weaknesses did not mean that the Durban Declaration was not an important document. Unfortunately a group had decided to veto the Conference and Cuba could not agree with the exercise of force in dialogue on such important issues. All members were urged to give their support to the resolution.
PAVEL VOSLIK (the Czech Republic) said his delegation considered that the manner in which the Special Rapporteur was selected was not transparent. For that reason, his delegation would request a separate recorded vote on operative paragraph 38 on the appointment of the Special Rapporteur.
P. MONTWEDI (South Africa) said with regard to an amendment proposed by the Czech Republic that it was becoming difficult to consider proposals and amendments to the text that the Commission was about to act on. South Africa indicated that it would vote against the amendment.
RODOLFO REYES RODRIGUEZ (Cuba) said that his country would vote against the amendment brought up by the Czech Republic since Cuba did not agree with the naming of a Special Rapporteur.
MARIE GERVAIS-VIDRICAIRE (Canada) said that Canada strongly supported the amendment proposed by the Czech Republic since paragraph 38 went against what was decided during the review of the mechanisms.
JUAN MARIA LOPEZ-AGUILAR (Spain), speaking on behalf of the European Union, said that he supported the amendment made by the Czech delegation and would vote in favour of it.
MIKE GBADEBO OMOTOSHO (Nigeria) said he was surprised by the turn of events and the proposal by the Czech Republic. It was important to have a consensus on this issue, but if that was not the case, it was time to proceed to a vote.


CORRIGENDUM
In press release HR/CN/02/54 of 25 April 2002, the statement of the representative of Malaysia on page 10 should read as follows:
MOHAMMAD JOHAR AHMAD JAZRI (Malaysia), speaking on behalf of ASEAN, said that the draft on Myanmar should have been crafted in an accurate, balanced and unbiased manner, reciprocating the spirit of cooperation that Myanmar had extended to the Special Rapporteur, the ILO and the Special Envoy of the Secretary-General during the past year. ASEAN felt that it would have been better if the resolution could be changed to "assistance to Myanmar in the field of human rights" under agenda item 19 instead of the confrontational agenda item 9.



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