COMMISSION ON HUMAN RIGHTS ADOPTS BY ROLL-CALL VOTE RESOLUTIONS ON PALESTINIAN SELF-DETERMINATION AND MERCENARIES

Commission on Human Rights HR/CN/05/37/Rev.1
AFTERNOON 7 April 2005


Continues Debate on the Integration of
the Human Rights of Women by Hearing
Statements from 40 Non-Governmental
Organizations


The Commission on Human Rights this afternoon adopted by roll-call vote a resolution on the right of the Palestinian people to self-determination, and a resolution on the use of mercenaries as an impediment to self-determination. The Commission also continued with its general debate on the integration of the human rights of women and the gender perspective, including violence against women, hearing statements from 40 non-governmental organizations.

Taking action under its agenda item on the right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation, the Commission adopted by a roll-call vote of 49 in favour, one against, and two abstentions, a resolution on the situation in occupied Palestine. In the resolution, the Commission reaffirmed the inalienable, permanent and unqualified right of the Palestinian people to self-determination, including their right to live in freedom, justice and dignity and to establish their sovereign and independent State and reaffirmed its support for the solution of two States living side by side in peace and security, Israel and a viable, democratic, sovereign and territorially contiguous Palestine.

In a resolution on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, adopted by a roll-call vote of 35 in favour, 15 against, with two abstentions, the Commission decided to end the mandate of the Special Rapporteur on the use of mercenaries and to establish a Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of people to self-determination.

Speaking as concerned countries during the course of the voting on resolutions were the Representatives of Israel and Palestine. Speaking in explanations of the vote before and after the vote were the Netherlands, the United States, Costa Rica, Guatemala, and Armenia.

The Commission also decided, without a vote, to defer consideration of the question of Western Sahara to its sixty-second session under the same agenda item.

In the context of the debate on women's rights, speakers raised various issues, including the feminization of poverty, which further perpetuated economic differences between the genders; the primordial importance of women in the context of development; the wide variety of forms of discrimination undergone by women, including for their colour, religion, nationality, ethnicity, social origin, status, age, or almost any other factor; and the dangers undergone by women during times of conflict, when they were particularly at risk and vulnerable.

Presenting statements were the Representatives of International Organization for the Development of Freedom of Education - OIDEL; Organization for the Solidarity of the Peoples of Asia, Africa and Latin America; International Women's Rights Action Watch; Friends World Committee for Consultation - QUAKERS; International Religious Liberty Association; International Movement against all Forms of Discrimination and Racism; Liberation; Jubilee Campaign; Centrist Democratic International; Japanese Workers Committee for Human Rights; International Institute for Non-Aligned Studies; European Union of Public Relations; Open Society Institute; International Alliance of Women; Society for Threatened Peoples; International Institute for Peace; Organization for Defending Victims of Violence; Tebtebba Foundation (Indigenous Peoples' International Centre for Policy Research and Education); International Humanist and Ethical Union; A Woman's Voice International; General Conference of Seventh-day Adventists; Union de l'action feminine; International Helsinki Federation for Human Rights; International Confederation of Free Trade Unions.

Also Rural Reconstruction Nepal; Permanent Assembly for Human Rights; Asia-Japan Women's Resource Center; International Educational Development; Indian Council of Education; World Young Women's Christian Association; All-China Women's Federation; International Volunteerism Organization for Women, Education and Development; Korean Women's Associations United; Organisation tunisienne de l'éducation et de la famille; International Islamic Federation of Student Organizations; World Alliance of Young Men's Christian Associations (YMCA); Becket Fund for Religious Liberty; National Federation of International Immigrant Women Associations; Comite international pour le respect et l'application de la charte africaine des droits de l'homme et des peuples; and Asia Pacific Forum on Women, Law and Development.

Speaking in exercise of the right of reply were the Representatives of Japan and the Democratic People's Republic of Korea.

The Commission will meet at 9 a.m. on Friday, 8 April, to conclude its general debate on women's rights and to start its consideration of the rights of the child. The Commission will hold three back-to-back meetings on Friday, from 9 a.m. to 6 p.m.

Action on Draft Resolutions on Right of Peoples to Self-Determination and its Application to Peoples under Colonial or Alien Domination or Foreign Occupation

In a resolution (E/CN.4/2005/L.5) on the situation in occupied Palestine, adopted as orally amended by a roll-call vote of 49 in favour, one against, with two abstentions, the Commission reaffirmed the inalienable, permanent and unqualified right of the Palestinian people to self-determination, including their right to live in freedom, justice and dignity and to establish their sovereign and independent State; reaffirmed its support for the solution of two States living side by side in peace and security, Israel and a viable, democratic, sovereign and territorially contiguous Palestine; and urged all Member States, and relevant bodies of the United Nations System to support and assist the Palestinian people in the early realization of their right to self-determination. It also decided to include in the provisional agenda of its sixty-second session of the Commission the item entitled "The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation" and to consider the situation in occupied Palestine under that agenda item.
The result of the vote was as follows:
In favour (49): Argentina, Armenia, Australia, Bhutan, Brazil, Canada, China, Congo, Cuba, Dominican Republic, Ecuador, Egypt, Ethiopia, Finland, France, Gabon, Germany, Guatemala, Guinea, Honduras, Hungary, India, Indonesia, Ireland, Italy, Japan, Kenya, Malaysia, Mauritania, Mexico, Nepal, Netherlands, Nigeria, Pakistan, Paraguay, Peru, Qatar, Republic of Korea, Romania, Russian Federation, Saudi Arabia, South Africa, Sri Lanka, Sudan, Swaziland, Togo, Ukraine, United Kingdom of Great Britain and Northern Ireland, and Zimbabwe.

Against (1): United States of America.

Abstentions (2): Burkina Faso, Costa Rica.

Absent (1): Eritrea.


Statements by Concerned Countries

ITZHAK LEVANON (Israel), speaking as a concerned country before the vote, said that on many occasions in the past, Israel had unambiguously stated that it continued to support the right of self-determination for peoples worldwide, including for the Palestinians. In a few months, Israel would implement its withdrawal from Gaza, thereby handing it over to the Palestinians. Moreover, there had recently been progress at the Sharm el-Sheikh meeting. However, the membership of the Commission continued to ignore the seeds of peace that had recently been sown. The positive steps taken left the Members indifferent, and Israel's appeal fell on deaf ears. The Commission should support the process currently taking place, which would hopefully lead to a two-State solution allowing Israelis and Palestinians to live side-by-side in peace.

MOHAMMAD ABU-KOASH (Palestine), speaking as a concerned country before the vote, said he thought that when the Israeli delegation raised its flag to take the floor, it was to express its support for the draft resolution. The draft contained words that had already been echoed by other bodies, including the Security Council. Israel itself accepted the wording of the draft. With regard to the Sham-el-Sheikh meeting, he said the issue of Palestinians' right to self-determination was a very old one.

In a resolution (E/CN.4/2005/L.6) on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, adopted by a roll-call vote of 35 in favour, 15 against, with two abstentions, the Commission urged all States to take the necessary steps to exercise the utmost vigilance against the menace posed by the activities of mercenaries and against any kind of recruitment, training, hiring or financing of mercenaries by private companies offering international military consultancy and security services, as well as impose a specific ban on such companies' intervening in armed conflicts or actions to destabilize constitutional regimes. The Commission also condemned recent mercenary activities in Africa and the threat they posed to the integrity and respect of the constitutional order of these countries and the exercise of the right to self-determination of their peoples.
The Commission also decided to end the mandate of the Special Rapporteur on the use of mercenaries and to establish a Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of people to self-determination, made up of five Independent Experts, one from each regional group, for a period of three years. The mandate of the Working Group would be to elaborate and present concrete proposals on possible new standards, general guidelines or basic principles encouraging the further protection of human rights, in particular the right of peoples to self-determination, while facing current and emergent threats posed by mercenaries or mercenary-related activities; to seek opinions and contributions from Governments and intergovernmental and non-governmental organizations on questions relating to mandate; to monitor mercenaries and mercenary-related activities in all their forms and manifestations in different parts of the world; to study and identify emerging issues, manifestations and trends regarding mercenaries or mercenary-related activities and their impact on human rights, particularly on the right of peoples to self-determination; and to monitor and study the effects of the activities of private companies offering military assistance, consultancy and security services on the international market on the enjoyment of human rights, particularly the right of peoples to self-determination, and to prepare draft international basic principles that encourage respect for human rights on the part of those companies in their activities.
The result of the vote was as follows:
In favour (35): Argentina, Armenia, Bhutan, Brazil, Burkina Faso, China, Congo, Costa Rica, Cuba, Dominican Republic, Ecuador, Egypt, Ethiopia, Gabon, Guatemala, Guinea, India, Indonesia, Kenya,Malaysia, Mauritania, Mexico, Nepal, Nigeria, Pakistan, Paraguay, Peru, Qatar, Russian Federation, South Africa, Sri Lanka, Sudan, Swaziland, Togo and Zimbabwe.

Against (15): Australia, Canada, Finland, France, Germany, Hungary, Ireland, Italy, Japan, Netherlands, Republic of Korea, Romania, Ukraine, United Kingdom of Great Britain and Northern Ireland and United States of America.

Abstentions (2): Honduras and Saudi Arabia.

Absent (1): Eritrea.


Explanations of Votes

IAN DE JONG (Netherlands), speaking on behalf of the European Union and associated countries in an explanation of the vote before the vote, said that the European Union shared many of the concerns about the dangers of mercenary activities expressed in the report of the Special Rapporteur. Fully recognizing the dangers involved, and remaining concerned about the impact of mercenary activity on the duration and nature of armed conflicts, the European Union condemned the involvement of mercenaries in terrorist activities. However, the members of the Union would vote against the draft resolution, as this was not the correct forum in which to deal with the problem of mercenary activity. There were doubts as to whether the use of mercenaries should be dealt with primarily as a human rights problem, and as a threat to the right of peoples to self-determination; the issue would more appropriately be considered by the General Assembly in its Sixth Committee. The Union also opposed the establishment of a Working Group to deal with the issue, as recommended by the Working Group on enhancing effectiveness of the mechanisms of the Commission on Human Rights.

RUDY BOSCHWITZ (United States), speaking in an explanation of the vote after the vote, said the delegation of the United States opposed the resolution on Palestine because of its unbalanced content. As in the past, the draft remained unbalanced. It failed to take into full account the dramatic events that were taking place in the region. The United States recognized that both parties had taken the path to peace. The United States was committed to provide support to all efforts aimed at ending the tragic situation in the region.

LUIS VARELA QUIROS (Costa Rica), speaking in an explanation of the vote after the vote, on the resolution on the situation in occupied Palestine, said Costa Rica had supported the right of people to self-determination, and in particular the right of the Palestinian people to exercise their right to self-determination, in the General Assembly and in the Commission in the past. The resolution on the situation in Palestine, however, did not take into account the progress made at the Sharm el-Sheikh talks, which would have made a more balanced text and which would have made it possible for Costa Rica to vote in favour. It was hoped that sooner or later, this dialogue would end by bringing an end to the conflict so that Palestine could be an independent country, living peacefully side-by-side with Israel.

LARS PIRA (Guatemala), speaking in an explanation of the vote after the vote on the resolution on the situation in occupied Palestine, said Guatemala wished to reiterate its support for the two States, Israel and Palestine, to enable individuals to be able to exercise their right to self-determination. For that reason, Guatemala had voted in favour of the draft resolution on the situation in Palestine. To achieve this target, new opportunities for peace would have to be used, including those developed at the Sharm el-Sheikh summit. The Commission should take into account these new opportunities, and support the efforts made by both entities to restart the progress towards peace on the basis of the Road Map.

ZOHRAB MNATSAKANIAN (Armenia), speaking in an explanation of the vote after the vote on the resolution on mercenaries, said the delegation of Armenia supported the resolution on mercenaries given all the risks that mercenaries posed.

General Debate on Integration of the Human Rights of Women and the Gender Perspective: Violence against Women

JEAN-DAVID PONCI, of International Organization for the Development of Freedom of Education - OIDEL, said the recognition of diversity was essential for the respect of human rights. The original diversity between men and women opened the door to the question of gender. To respond to the new challenges of the twentieth century, the international community had forged new concepts - sexual discrimination had changed to gender discrimination; policies on difference and categorical rights extended to the separation of sexes; and policies on affirmative action had been developed. The notion of gender referred to social relationships between men and women. The concept of difference supposed a concept of a diverging democracy, which nearly opposed the traditional concept of equality for all. What had been done up to now had not been entirely positive and there was a need for frank discussions to determine what came under rights and what came under ideology, and to separate the two.

LURDES CERVANTES, of Organization for the Solidarity of the Peoples of Asia, Africa and Latin America, said marginalization, misery, hunger, unemployment, illiteracy, despair, and other acts of social exclusion and injustices had a multiplying effect on discrimination and the gender inequality prevailing on the planet. Worldwide, 70 per cent of the 1.3 billion people were living in conditions of extreme poverty, 75 per cent of the 850 million people were suffering from hunger, and 66 per cent of the 900 million illiterates were women. The nefarious consequences of structural adjustment programmes, drastic cuts on social expenditure, and the burden of external debt had led to the feminization of poverty on a global scale. This constituted the most serious and permanent causes of violations of women's human rights. Women continued to be subject to violence, trafficking, and lack of political participation, among others. The international community must show political will to confront these challenges. Palestinian, Iraqi and Latin American, including Cuban, women today faced their oppressors heroically.

JANINE MOUSSA, of International Women's Rights Action Watch, encouraged the Commission to further integrate gender equality in its work. That should be guided by a human rights approach to gender equality using the Convention on the Elimination of All Forms of Discrimination against Women as an overarching framework to assess its work. The key feature of the Convention was the achievement of substantive equality. By using the Convention as an overarching framework in its work, the Commission would clearly highlight that integrating gender equality entailed ensuring the practical realization of the concept of equality through a clear understanding of its concept and through specific obligations and the responsibility of the State.

MEGAN BASTICK, of Friends World Committee for Consultation - QUAKERS, said whilst women were a minority of the world prison population, in many countries the rate of women's imprisonment was increasing far faster than the rate of men's imprisonment. Women prisoners tended to be overlooked in prison systems designed primarily for men, and faced a range of difficulties that were specific to women prisoners, or which affected women prisoners in a particularly harsh way. The special procedures were becoming more aware of the particular problems faced by women prisoners, and should give further attention to this area.

GIANFRANCO ROSSI, of International Religious Liberty Association, said the Commission on the Status of Women had noted that many laws and legal reforms had been adopted in all regions of the world since the 1995 Beijing Conference. However, much remained to be done. Millions of women remained subject to discrimination, both in their private lives, and in the general public. Discrimination against women persisted because of erroneous interpretations based on religion. For example, in Saudi Arabia, women remained subjected to discrimination and were treated as second-class citizens. They could not leave the home without being covered from head to foot, could not drive a car, had to sit in reserved areas on public buses, and could not travel without a male escort. Additionally, two female witnesses were equal to one male witness. Yet the Koran said that women were equal to men. Tunisia and Morocco should be applauded as States that recognized the equality of men and women. States should not invoke ancient religious rules in order not to fulfil their obligations to eradicate discrimination against women. Appeals should be made to religious leaders not to call for action contrary to the true precepts of their religions.

GURBIR BHULLAR, of International Movement against all Forms of Discrimination and Racism, said trafficking in persons, especially women and children, was a major source of gender insecurity and violence which violated the fundamental rights of its victims. The appointment of the Special Rapporteur was a welcome step towards the elimination of that practice and it was hoped that it would protect the human rights of trafficked victims. The Movement supported the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. It also welcomed the initiatives of some of those States, which were countries of destination, in inviting all the States to take necessary measures to eradicate that criminal practice. However, those initiatives often lay too much emphasis on consolidating efforts to combat criminal organizations without much regard to their victims.

HYESUK SONG, of Liberation, said Japanese military sexual slavery was an example of State-sponsored violence against women. The Women's International Tribunal was held because the Japanese Government had turned a deaf ear to the recommendations of human rights organs to take responsibility for Japanese military sexual slavery. Reported political intervention by Japanese politicians indicated the Government of Japan would never be sincere on this issue. More than a decade had passed since the issue of "comfort women" was brought before the Commission. The settlement of this issue was of great significance in establishing a legal framework for the eradication of violence against women in wartime. The Japanese Government should take urgent measures to restore the dignity of the victims of "comfort women". The Commission and the victimized countries should seek an advisory opinion from the International Court of Justice to solve the legal issues concerning Japanese responsibility.

TOMOKO YORIFUJI, of Jubilee Campaign, said the starvation and repression of human rights in the Democratic People's Republic of Korea were regarded as a part of Japan's social problems. After being urged to return to "heaven on earth", more than 93,000 Korean Japanese and their Japanese spouses had returned to the Democratic People's Republic of Korea since 1959. Those who went back had soon realized that the Democratic People's Republic of Korea was far from a heaven on earth, but they had not been allowed to return to Japan. They had returned to the Democratic People's Republic of Korea where they suffered from a lack of food and discrimination, and remained continually afraid of persecution. The Government of the Democratic People's Republic of Korea had repeatedly told Korean and Japanese people that life was wonderful in the country, the political system was splendid, and that people could return to Japan once in a while. That characterization was totally untrue, and amounted to the abduction of people. It constituted the same crime as the abduction of Japanese people, which had been carried out since the 1970s. Women in the Democratic People's Republic of Korea were often victims of forced abortion, and had been badly treated in prisons and political camps.

ROMINA NICOLETTI, of Centrist Democratic International, said in Iraq, the culture of human rights violations towards women was deeply rooted. Women had been integrated in the country's social structure, but they remained affected by the deteriorating security situation. Most Iraqi households were less supportive of a full range of rights for women which included moving around freely in public and the right to refuse sex. The pervasive nature of human rights violations in China ranged from the "one child act" to the flagrant restrictions on employment, school enrolment and retirement. The main cause of inequality and gender discrimination towards women was socially constructed by Chinese society and a male-dominated power system.

KEIKO YASUHARA, of Japanese Workers Committee for Human Rights, said poverty, impunity for the perpetrators of violence against women, sex and class discrimination in the application of law, overall ineffectiveness in the protection of women's rights and the machista culture were all factors that required urgent attention. Regarding Japanese military sexual slavery, virtually no secondary schools mentioned the facts of "comfort women" in their teachings on human rights. Now it was known why these things happened, and it was sadly realized in the sixtieth anniversary of the Second World War that silent violence against women still prevailed in Japan, one of the most advanced and wealthy countries in the world.

PRAMILA SRISTAVA, of International Institute for Non-Aligned Studies, said ten years after the Beijing Conference, one must take account of the progress made in women's rights. Women continued to face stereotyping and faced new challenges such as increased HIV infection rates due to violence committed against them. Over the last five years, there had been increased attention to issues of violence against women and HIV/AIDS. The advancement of women and girls was a key to reversing the HIV/AIDS pandemic. Violence against women was global; it affected women regardless of their colour, race, ethnicity, nationality, social origin, status, age or any other factor. Additionally, certain other practices such as female genital mutilation could also increase risk of infection due to unsterilized tools and open wounds. Trafficking also increased risks for women. The Committee on the Elimination of Discrimination Against Women had played a dynamic role in ensuring that this issue received high priority. However, the elimination of violence against women would require partnerships between the international community, States, neighbourhoods, women's groups and other civil society organizations.

LUDOVICA VERZEGNASSI, of European Union of Public Relations, said despite their achievements over the centuries and the fact that there had been countries led by women, women continued to be treated as inferior beings vulnerable to abuse by Governments, insurgent groups, domestic partners and even parents and family members. All the pious protestations about gender equality and the observance of events like the Year of the Girl Child had done little to transform the reality that, in many countries and regions, women continued to be deprived of their rights as equal citizens. The traditional abuse that women had always been subjected to, was compounded by the impact of armed conflict rooted increasingly in the evils of religious fundamentalism.

CLAIRE BISIAUX, of Open Society Institute, said much progress had been made in recent years in drawing attention to the need to safeguard the rights of women and girls throughout the world, yet in many countries they continued to face legal, social and economic barriers that did not only obstruct their ability to exercise their rights but also threatened their health and safety. Female sex workers and drug users were especially vulnerable. Repressive policies were terrible and counterintuitive to public health approaches. Children often suffered needlessly and consequently had their rights violated when their mothers were mistreated by policies that led to their punishment.

JESSIKA KEHL-LAUFF, of International Alliance of Women, thanked the Commission for leaving its ears open to the pleas of representatives of the oppressed, and sometimes forgotten, peoples around the world, many of whom had no voice, no access to the Internet, and no democratically-based representation at the United Nations. Violence against women had not become an issue of shame in national and international courts, but rather seemed to have become the profitable playground for organized crime. Problems of violence against women and children, together with their lack of the right to land and land ownership, had led to the feminization of poverty, especially in rural areas. To counter these problems, women must be given more freedom, democratic development, and security, with criminal courts taking up their responsibilities against all offenders wherever they might come from. Freedom from fear gave the freedom to live a dignified life, including with access to water, food, sanitation, health, education and love. Those were fundamental human rights for women, children and men all over the world. Governments should support all United Nations efforts to strengthen the creation of peaceful, sustainable development.

B. TSERING YESHI, of Society for Threatened Peoples, said violence against women became a two-fold challenge because of the discrimination they faced. Tibetan women were subjected to gender-specific violence for expressing their political opinions. They were imprisoned and subjected to sexual and physical torture by prison authorities and medical attention was often denied them. Acts of sexual violence being conducted by prison authorities in China were blatant violations of the Convention against Torture and the Convention on the Elimination of All Forms of Discrimination against Women, both ratified by China in 1988 and 1980, respectively. Many prisoners died in prisons due to serious psychological effects and the physical impact of torture by prison authorities.

SAMINA IBRAHIM, of International Institute for Peace, said honour killings in Pakistan had been placed before the Commission for its consideration and action for the last several years. The State-projected claims of a gender equitable society in Pakistan had been a lost concept. Women in Pakistani society were considered lesser beings. Increased discussions at both official and non-official forums on violence against women had yet transformed into a reduction in the number crimes committed against them.

POURIA ASKARY, of Organization for Defending Victims of Violence, said that despite affirmations of gender equality and justice in international instruments, the material and moral guarantees of international covenants remained insufficient because they had not been considered correctly. The situation throughout the world, particularly in developing countries, necessitated increased participation of women in many sectors of society. However, this would not be realized without cooperation between Governments, and non-governmental and international organizations. For example, over the past three decades, women in Iran had improved noticeably in terms of education, with girls' acceptance in universities rising to 65 per cent. Women in Iran faced serious challenges; their share of management and decision-making positions had not exceeded 2.8 per cent, and they had only 3.79 per cent representation in Parliament. The situation undoubtedly resulted from attitudes, policies and planning. The patriarchal attitude of men and the law had resulted in women not having the capacity to control power or wealth, or having the opportunity to nurture their talents or promote their status. Rendering women powerless and ignoring their potential had been institutionalized in Iran.

VICTORIA TAULI CORPUZ, of Tebtebba Foundation (Indigenous Peoples' International Centre for Policy Research and Education), recalled that last year during the third session of the Permanent Forum on Indigenous Issues, the theme was on indigenous women. That session provided the opportunity for indigenous women to present the results of their regional conferences. The Asian Indigenous Women's Network had their second general assembly, the Intercontinental Forum of Indigenous Women in the Americas had their fourth encounter and the African Indigenous Women's Organization also had their own general assembly. The quality of information and number of recommendations, which emerged from those sessions, were very comprehensive. A number of delegations urged the members of the Commission to refer to the report of the third session of the Forum, which was in document E/C.19/2004/23.

ROY BROWN, of International Humanist and Ethical Union, said there was a systematic abuse and discrimination of Dalit women in India. The efforts of the Government of India had been less than effective in eliminating discrimination against and abuse of Dalit women, and this had been on the rise in recent years as these women had attempted to assert their legal rights. Many thousands of Dalit women and girls suffered daily abuse and violence at the hands of men, both family members and members of the upper castes. This issue fell squarely on the mandate of the Commission, and the Government of India should recognize its responsibility not only for legislation and affirmative action in favour of Dalits, and Dalit women in particular, but for the effective implementation and enforcement of these measures.

MAN-HO HEO, of A Woman's Voice International, asked all Member States of the Commission to focus special attention on the violence against women reported in the report on the situation of human rights in the Democratic People's Republic of Korea. Refugees had reported that the violence in homes in the Democratic People's Republic of Korea had reached a serious level; however, the most serious type of violence against women from the Democratic People's Republic of Korea was the physical and mental violence that women refugees experienced when they were sold by human traffickers. Between 60 to 70 per cent of all refugees from the Democratic People's Republic of Korea were women, and 70 to 80 per cent of them experienced human trafficking and violence. The forced kidnapping type of human trafficking occurred in three stages. First, kidnapped women were taken to apartments in cities near the border to await traders. At this stage, many were stripped or subjected to other forms of violence. After a deal was made, the women were moved to big cities inland, by car or train. They were then graded and sold. Human trafficking in China was accomplished systematically by criminal organizations; escape attempts usually ended in recapture and extreme violence. Both China and the Democratic People's Republic of Korea should work with the Special Rapporteur to address the root causes of the phenomenon.

JONATHAN GALLAGHER, of General Conference of Seventh-day Adventists, said not only did women, and girls who would be women, need support, but they needed empowerment so that they could better solve their own challenges; and women could best solve most of those challenges themselves. To be able to do that, they would need the help of all organizations, such as the United Nations, non-governmental organizations, churches and religious organizations, and Governments; the rewards in improving the quality of life for all people would make it well worth the effort. One of the challenges facing women was education. That ranged from the most basic abilities to read and write, to the opportunity to stay in school or to access advanced education. Female illiteracy was linked to low social status and poverty. Limited access to knowledge and female illiteracy had been shown by UNICEF to be powerful in terms of infant and child mortality. Illiteracy resulted in costs to governments and businesses and most illiterates were women.

FATIMA EL MAGHNAOUI, of Union de l'action féminine, said combating violence against women had since the mid-80's been the main thrust of the women's movement in Morocco, in the form of campaigns of sensibilization and mobilization. Several centres for assisting and hosting women victims of violence had been established. The alarming situation regarding the respect of the rights of Moroccan men and women imprisoned in the camps of shame in Tindouf was to be condemned, as it was a grave violation of fundamental human rights. The Commission and the international community should work for the immediate liberation of all Moroccan Sahrawis who were sequestered because they tried to protect their rights to reintegrate with their mother country in freedom and dignity.

JOANNA HOSANIAK, of International Helsinki Federation for Human Rights, said she wished to draw attention to the issue of violence against the women of the Democratic People's Republic of Korea. The high percentage of women from the Democratic People's Republic of Korea in China and the Republic of Korea had resulted directly from the Democratic People's Republic of Korea's decision to cut off part of the population from the public distribution system in times of food shortage. The majority of refugees in the Republic of Korea were women and young girls from the northern provinces of the Democratic People's Republic of Korea, which had suffered the greatest from hunger. And the Government of the Democratic People's Republic of Korea would not allow unrestricted access to international organizations to vulnerable populations in all areas of the country, nor did it allow monitoring of the distributed food. Women from the Democratic People's Republic of Korea were thus forced to look for alternative means of finding food beyond the borders of their own country. However, once they crossed the border, they became political criminals who had illegally escaped the country. Many women from the Democratic People's Republic of Korea who were deported from China were subjected to torture, sexual harassment and forced abortions in various detention centres. The Government would not even allow those resettled in the Republic of Korea to lead a normal life. A woman, who had resettled in the Republic Korea and become a citizen of that State, had been kidnapped and returned to Democratic People's Republic of Korea during a visit to China.

RAQUEL GONZALES, of International Confederation of Free Trade Unions, said the Confederation was deeply concerned about the increasing number of women and girls being trafficked into illegal employment and prostitution. The extreme vulnerability of trafficked women migrants represented serious challenges as those women were often employed in unfair and exploitative conditions. Organizing migrants and protecting their rights regardless of their legal status remained key strategies for trade unions in order to improve migrants' working and living conditions. Women also faced other types of violence in the world of work. They represented some 80 per cent of the 50 million workforce employed in expert processing zones. In those zones, trade union organizations were either prohibited or severely limited, thus allowing exploitative, dangerous and sometimes brutal practices towards women.

RENU RAJBHANDARI, of Rural Reconstruction Nepal, said physical, psychological and sexual forms of violence and discrimination against women were widespread in Nepal. The persistent conflict had a severe impact on women's rights. This was evidenced by increasing numbers of trafficked women and children, early marriages, the increasing number of HIV/AIDS infections among housewives, and the migration of women in search of a livelihood in any form of exploitative work. No matter how brutal the atrocities committed against women were, the authorities of law enforcement continued to turn a blind eye to the issue and perpetrators got off lightly or did not face any punishment at all. The situation had become worse after the royal coup of 1 February 2005, when extreme censorship and atrocities against women were neither being reported nor investigated. Without a genuine and inclusive democracy and a Government which gave priority to peace, the rule of law and equal respect towards women and men, violence against women could neither be addressed nor abolished.

ALICIA GERSHANICK, of Permanent Assembly for Human Rights, said the Assembly was concerned about the persistent inequality and discrimination against women in Latin America, in general, and in Argentina, in particular. In the labour sphere, there was a gap in salaries and discrimination in the type of jobs women could occupy. Women were more likely to be employed in the informal sector, or to be unemployed. Violence against women violated their right to physical integrity and health. Maternal and infant mortality also lagged behind in relation to Latin American standards. These figures clearly resulted from the poor situation of younger women. The situation of indigenous women also remained of concern. Women suffered from violence in the home, and in public and private spheres. The police refused to accept complaints from these women. Irregular immigrants were also more likely to be exploited. The organization felt that the Argentine Government should reconsider ratifying the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women Attention should also be given to the phenomenon of trafficking in persons, especially for the sexual exploitation of women.

MINA WATANABE, of Asia-Japan Women's Resource Center, drew attention to the need for criteria of new permanent members of the United Nations' Security Council from a gender perspective. Women found it very difficult to talk about sexual violence, especially in conflict situations. One had learnt this through the survivors of Japan's Military sexual slavery, or the so-called "comfort women" system. It took 50 years for the first women survivors to break their silence and talk about their suffering. However, the response of the Japanese Government to the survivors had denied them their legal rights and had used the post-war peace treaties as an excuse. One should question whether one could accept Japan as a permanent Security Council member, when it had set up and made full use of the system of raping women on a massive scale.

KAREN PARKER, of International Educational Development, said it was the issue of Japan's Second World War rape victims that had been a driving force in establishing the mandate of the Special Rapporteur on violence against women. Germany had paid hundreds of millions of dollars in compensation to its Second World War victims while Japan had paid essentially nothing. Permanent membership of the Security Council should not be available to any country that had not fully paid its Second World War debts, in a way that honoured rather than sullied the victims, and in a way that accepted full responsibility. In a similar fashion, the Kashmiri victims of the Indian forces in Indian-occupied Kashmir needed to be fully compensated and the overall situation resolved before India could be considered for permanent membership in the Security Council.

A. S. NARANG, of Indian Council of Education, said that, at a time when awareness and concern for human rights in general, and those of vulnerable groups in particular, was gaining momentum, the third world had been given a romanticized view of globalization and liberalization as instruments for development, modernization and liberation. One of the inferences was that access to jobs, income and education would lead to greater gender equality. However, these societies were instead witnessing discrimination that continued to surge by leaps and bounds. The process of liberalization had not provided a supportive environment to improve women's well being, overcome gender bias, or erode gender gaps in basic capacities, opportunities and access to resources. Nor had it brought about a fairer sharing of unpaid work between men and women. A new body of law, providing affirmative support to women, remained necessary, if imbalances were to be redressed. Economic empowerment was also necessary for women.

HENRIETTE YIMGUIN, of World Young Women's Christian Association, said the international and local level of poverty and discrimination had been a cause of human rights violations. In Africa, the health of women had been reduced by the unfair repartition of the world's resources and sexual inequality. Poverty had been considered as a cause for the HIV/AIDS infection of women. While women were affected by poverty, they were ready to better their lives, including by accepting any experimental vaccine against AIDS. United Nations peacekeeping soldiers had also abused girls sexually in return of food and money.

ZHANG CAIXIA, of All-China Women's Federation, said the Japanese Government and related parties should respect and face history, adhere to peace, shoulder full responsibilities and sincerely reflect on, apologize and provide compensation for their war crimes, including against "comfort women". Although many countries had made active steps in amending and improving legislation to combat violence against women, law by itself could not eradicate violence. Violence against women laid at the hub of multiple discrimination, and injustice and unequal power relations laid at various levels. This was rooted in a backwards gender culture of male superiority and female inferiority.

ANTONELLA PIRINI, of International Volunteerism Organization for Women, Education and Development, said she wished to underline several incidents, which might represent a pattern of gross violations of the human rights of women. Most of these concerned sexual trafficking in women and children in Asia, especially in India and Thailand; in central America, regarding ongoing sex tourism in Costa Rica; in South America, especially Brazil; and in Africa, specifically Gabon. Strong actions must be taken at the local, regional, national and international levels to stop violations of the rights of women. These measures must include preventive measures, as well as measures to redress current situations. For example, shelters and other safe havens must be provided for women and girls attempting to escape trafficking, and human rights education must be begin from an early age. Determined political will and economic support were essential, as was better collaboration between Governments and civil society.

HEISOO SHIN, of Korean Women's Associations United, introduced to the Commission a 78-year old Korean survivor of sexual slavery by the Japanese Army during the Second World War, and said she was forcibly taken at the tender age of 12, and was forced to sexually serve the Japanese soldiers for seven long years in Manchuria and many other places. She had made the effort to take a 13-hour flight from Korea because she had a special plea to make to the Commission. Her plea was regarding the Asian Women's Fund, which was established in 1995 by the Japanese Government as a moral gesture to avoid its legal responsibility for its crimes of military sexual slavery and rapes during the War. She was one of many surviving victims who had refused to take the money from that private fund. She believed that the Government of Japan should pay the compensation.

SAIDA RAHMOUNI, of Organisation tunisienne de l'education et de la famille, said this was an opportunity to have a dialogue to evaluate what had been achieved and to examine the weak points that remained to be covered. Women's rights were an integral part of human rights, and the action of women in society was part of a sustainable goal for the future in order to improve the situation of women. Education was a fundamental axis that made it possible to equip women for full participation in the development process, and this should be free. Work was important for women, and there was a programme for helping women to join the labour market and participate through micro-loans and micro-enterprises, with the aim of guaranteeing a permanent income for women, as they were the ones who suffered most from economic instability. The better integration of women in development was required through the partnership of the various actors in this area.

KAUKAB-UL-SABAB, of International Islamic Federation of Student Organizations, said the Federation appreciated the incorporation of the gender perspective, and the ensuing work carried out under the present agenda item. The situation with regard to discrimination and violations of women's rights in emergencies and armed conflicts was conspicuously grave in strife-ridden regions such as Palestine and Kashmir. In Jammu and Kashmir, human rights violations continued unabated, and did not spare women. Kashmiri women had suffered the most in a long and bloody conflict; their relatives had been killed, and rape had been used systematically to punish, intimidate, humiliate, coerce and degrade women. An iron curtain hung across Kashmir, but India refused to allow independent monitoring of the situation. While India had earned a name for a whole range of gender-based violence, such as dowry killings, prostitution and trafficking, the plight of women in the occupied territory was truly miserable. Political considerations must not stop the Commission and other humanitarian agencies from exercising their respective mandates to alleviate the suffering of the Kashmiri women. The Special Rapporteur on violence against women should examine the causes and impact of gender-based violence in Indian-occupied Jammu and Kashmir.

JUDITH PRINS-JONES, of World Alliance of Young Men's Christian Associations (YMCA), said her Association was concern about the current status of women, especially young women and girls, who were being excluded from exercising their full political, economic, cultural and social rights through acts of violence. The YMCA considered that a chief obstacle to the successful implementation of the Beijing Declaration and Platform for Action was a lack of will and determination on the part of States. Governments should be held accountable for their commitments to ending violence against women. States should provide a robust legal and policy framework for women and girls to prevent, investigate and punish all acts of violence. Where such policies and laws already existed States should implement them in a pro-active way to end the gap between policy and practice.

EMILIE KAO, of Becket Fund for Religious Liberty, said a ban on headscarves affected almost every facet of a Turkish woman's life, and this ban was unlawful. It contravened Turkey's Constitution, as well as the international conventions that Turkey was signatory to. It was a blatant manifestation of secular fundamentalism, and via this unique construct of secularism, the State systematically ostracized women who wore headscarves. While the State ostensibly promoted equality and emancipation for secular Turkish women, it openly discriminated against religious women. Supporters of the ban claimed that the headscarf was antithetical to the democratic values of the developed world that Turkey yearned to be a part of, but how could a State whose main responsibility was to meet the needs of its citizens justify discriminating against its own people simply because they chose to be religious?

MARYAM TEHRANI, of National Federation of International Immigrant Women Associations, said that Iran was a country where one of the highest numbers of political executions in the world took place, and of the 120,000 political executions since 1979, a third had been women. In the past year, at least four women had been hanged in public. Eight stood on death row, and six more awaited stoning to death. Government figures released in January showed that more than 12 million Iranians lived in absolute poverty, with women making up 70 per cent of that population. Fifty-four honour killings had been reported in one province last year. By law, women did not have the right to become judges or presidents; no woman had been appointed cabinet minister or provincial governor, nor occupied a seat on the Guardian Council, Assembly of Experts or in the judiciary. A woman could not travel without her husband's written permission, nor work without his permission. Discrimination against women had been institutionalized under the rule of Islamic fundamentalists. Such violence had nothing to do with Iranian culture, tradition, nor with Islam. It was time to help the millions of women being suppressed in Iran. The Commission should restore international monitoring of the human rights situation in that country without delay.

EVE BAZAIBA MASUDI, of Comite international pour le respect et l'application de la charte africaine des droits de l'homme et des peuples, said the lack of political will by some African States to ensure the respect and application of international and regional instruments pertaining to human rights of women had further deteriorated the socio-economic progress in many countries. It was urgent to take measures in places where women were violated and humiliated in like in Sudan, Côte d'Ivoire, the Democratic Republic of the Congo, Uganda, Rwanda and Burundi. In many countries, women were also suffering form HIV/AIDS disease and the distribution of medicines was not adequate. Attention should also be given to those women who were exiled due to conflicts.

YAMINI MISHRA, of Asia Pacific Forum on Women, Law and Development, said there was ongoing State violence against women in Myanmar, which was ruled by a military regime which always boasted that discrimination against women did not exist in the country. The regime had persistently denied the prevalence of military rape, but reports of sexual violence had continued to trickle out. In no cases were the perpetrators prosecuted. Rapes and other forms of sexual violence were not committed by rogue elements within the military, but were central to the modus operandi of the military. Structuralized and systematic human rights violations, including sexual violence, were an inevitable result of the regime's policies of military expansion and consolidation of control by all possible means over a disenfranchised civilian population. The members of ASEAN, countries in the region and particularly Myanmar's neighbours should not overlook human rights issues in their dealings with Myanmar, but review their policies of constructive engagement.

Right of Reply

HIDENOBU SOBASHIMA (Japan) speaking in a right of reply in response to the statement of the Democratic People's Republic of Korea, said concerning the allegations made by that country this morning on such issues as those of the past, including those related to women, the Government of Japan had repeatedly stated its position. The figures mentioned by the Democratic People's Republic of Korea were groundless. With respect to the issue of claims between the two countries, it had already been agreed in the Pyongyang Declaration that this would be discussed in the course of normalization talks. In any event, the allegations made by the Democratic People's Republic of Korea could not be an excuse for its failure to address outstanding issues in good faith, in particular its abduction of Japanese nationals, and it was hoped the Democratic People's Republic of Korea would cooperate in good faith for the solution of these issues by returning the victims at the earliest date, among other things.

KIM YONG HO (Democratic People's Republic of Korea), speaking in exercise of the right of reply in response to the right of reply by Japan, said the Japanese delegation had mentioned the joint Pyongyang Declaration to make an excuse for its delinquency. The Declaration called for immediate resolution of the crimes committed in the past, but Japan had done nothing to implement the Declaration. The commitment must be translated into practice. Japan had violated the agreement. The Japanese attitude toward the numbers cited by his delegation reminded him of that country's attitude in the mid-1990s, when the issue of comfort women had been brought to the United Nations for the first time. Japan had tried then too to cover its crimes. The numbers cited were accurate, and had been documented. So far as the issue of abductions was concerned, this issue had been settled by the Declaration and sincere efforts undertaken. It had nothing to do with this forum. Japan should accept legal responsibility, apologize and make reparations for its past crimes against humanity.

HIDENOBU SOBASHIMA (Japan), speaking in a second right of reply, said the abduction of men or women was a serious issue whenever it occurred. The Democratic People's Republic of Korea should resolve the issue of abduction.

KIM YONG HO (Democratic People's Republic of Korea), speaking in a second right of reply, said the Democratic People's Republic of Korea categorically rejected the allegations made that were aimed at deceiving the Commission and the international community. Regarding the abductions, this had been settled by the Pyongyang Declaration, and thus it had no place for discussion in the Commission. Japan could never justify its past and present crimes and wrongdoings, and should accept legal responsibility, apologize and make reparations for its past crimes, including sexual slavery and genocidal massacre of one million Koreans. This was the undeniable responsibility of Japan.



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